[Congressional Record Volume 166, Number 215 (Friday, December 18, 2020)]
[Senate]
[Pages S7651-S7683]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION AUTHORIZATION ACT OF 2019
Mr. CRUZ. Mr. President, in a few moments, I am going to ask
unanimous consent for the Senate to pass S. 2800, which is the
bipartisan NASA Authorization Act. Before doing so, I want to make some
brief remarks about how important this legislation is to American
leadership in space and to our continued space exploration efforts.
Well over a year ago, I joined with Chairman Wicker, Ranking Member
Cantwell, and Subcommittee on Aviation and Space Ranking Member Sinema,
and we began writing the NASA Authorization Act, using as a foundation
the bipartisan bill that I had previously authored with Senators
Cornyn, Rubio, Markey, and then-Senator Bill Nelson, from the last
Congress, as our starting point. We solicited input from hundreds of
stakeholders, from individuals and academics to industry partners and
even our international allies. Hundreds of pages of suggestions,
proposed edits, and comments were submitted. Over many months, our
staffs worked diligently through each and every submission, trying to
incorporate the feedback to the greatest extent possible, and what
resulted is this bill, which was marked up last year and unanimously
reported.
What we have achieved together is legislation that enjoys deep and
broad bipartisan support and that sets bold goals for NASA and the
United States in space. It provides the direction and
[[Page S7652]]
the infrastructure necessary to meet them. I am very proud of the work
we have done together and of this legislation we have assembled, and I
want to express particular thanks to Senators Wicker, Cantwell, and
Sinema and to their staffs for their hard work.
Our bill strengthens U.S. leadership in space, ensuring that we
remain the default space exploration partner of the world. It extends
the life of the International Space Station through 2030, and it
challenges us to be the international leader for lunar and Mars
exploration and to reach new horizons.
It is not just human exploration, though. By working in a collegial
and good-faith manner, we were able to craft a product that strengthens
all of NASA's core missions--something which benefits not just States
with strong NASA equities but every American. It is amazing what
strong, unified leadership can do to bring the Members of this body
together, working to pass vitally important legislation that advances
science and technology and national security and the interests of our
Nation.
I want to say again how grateful I am to my colleagues who worked on
this bill with me and to state just how proud I am that the Senate is
speaking with one, unified voice in passing this legislation. This is
following a tradition that we have seen in the past 8 years I have
served in this body, where, on the question of space, we have seen over
and over again strong bipartisan cooperation. Even at a time when
partisan division pulls us apart in so many other areas, on the
question of America's leading the world in space, the U.S. Senate
speaks with one voice.
We have a real opportunity here to boldly shape the Nation's space
exploration efforts, to inspire new generations of little boys and
little girls gazing up at the stars and wondering what is out there,
and to make the United States a true space-faring nation.
While this bill is not going to pass the House of Representatives
during the remainder of this Congress, I look forward to the beginning
of the next Congress, where we can use this unanimously approved
legislation as the starting point to move quickly to pass a
comprehensive NASA Authorization Act across the finish line and get it
signed into law
Mr. CARDIN. Mr. President, will the Senator from Washington and the
Distinguished Ranking Democrat on the Senate Commerce, Science and
Transportation Committee yield for a colloquy on some issues related to
the committee's substitute for S. 2800?
Ms. CANTWELL. I would be delighted to yield to the senior Senator
from Maryland and his colleague, Senator Van Hollen.
Mr. CARDIN. The Commerce Committee substitute, as proposed, contains
three provisions that are cause for concern for my colleague and me. I
would yield to my colleague from Maryland, a distinguished member of
the Appropriations Subcommittee that funds NASA, to outline these
concerns.
Mr. VAN HOLLEN. I thank my colleague. First, section 702 references
how NASA should select multi-institution consortia and university
affiliated research centers, inserting Congress into an agency-specific
process that is broadly governed by existing authorities in title 5 and
title 41 of the U.S. Code, which make such selections based on
technical merit alone and not political influence. We are deeply
concerned about the committee's explicit delineation of this authority
for NASA, given that such authority already exists and NASA currently
does not have any university affiliated research centers so designated.
We believe that such language should never become law as it implies
that Congress is trying to force NASA to establish such a center or
consortia even though NASA does not see the need for one.
Second, sections 818 and 819 call for short order reports from NASA
on creating a Space Resources Institute and Center for Space Weather
Technology that could allow NASA to bypass extensive consultation with
the scientific and aerospace communities and without the benefit of
independent peer review under the auspices of the National Academy of
Sciences.
These are the concerns my colleague and I have.
Mr. CARDIN. Will the Senator from Washington confirm that it is not
the committee's intention or desire to force NASA to establish a
university affiliated research center or to see either sections 818 or
section 819 enacted without sufficient peer review, to avoid even the
appearance of a perception that any favorable recommendation is
predesignated for a specific institution or set of institutions?
Ms. CANTWELL. The Senator from Maryland is correct. The Commerce
Committee has no intention of trying to pressure NASA to establish a
university affiliated research center unless NASA leadership identifies
a technical need for a mission requirement that the agency cannot
satisfy through the standard competitive processes. In addition, the
intended results of the reports called for in sections 818 and 819
should not be viewed as seeking to avoid either peer review by the
National Academy of Sciences or very broad consultation with the
scientific and aerospace communities.
Mr. CARDIN. I thank the Senator for her assurances and ask her,
knowing that the future of this bill's fate in this Congress is
uncertain, if she will agree that she will work with my colleague from
Maryland and me to fix these provisions to our satisfaction early in
the next Congress before a new NASA authorization bill is introduced?
Ms. CANTWELL. The Senator has my assurance to work to accommodate his
concerns and those of his colleague from Maryland before we proceed on
any comparable legislation in the 117th Congress
Mr. CRUZ. Therefore, as if in legislative session, I ask unanimous
consent that the Senate proceed to the immediate consideration of
Calendar No. 525, S. 2800.
The PRESIDING OFFICER. The clerk will report the bill by title.
The legislative clerk read as follows:
A bill (S. 2800) to authorize programs of the National
Aeronautics and Space Administration, and for other purposes.
There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on Commerce, Science, and
Transportation, with an amendment to strike all after the enacting
clause and insert in lieu thereof the following
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``National
Aeronautics and Space Administration Authorization Act of
2019''.
(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. Authorization of appropriations.
TITLE II--HUMAN SPACEFLIGHT AND EXPLORATION
Sec. 201. Advanced cislunar and lunar surface capabilities.
Sec. 202. Space launch system configurations.
Sec. 203. Advanced spacesuits.
Sec. 204. Life science and physical science research.
Sec. 205. Acquisition of domestic space transportation and logistics
resupply services.
Sec. 206. Rocket engine test infrastructure.
Sec. 207. Indian River Bridge.
Sec. 208. Value of International Space Station and capabilities in low-
Earth orbit.
Sec. 209. Extension and modification relating to International Space
Station.
Sec. 210. Department of Defense activities on International Space
Station.
Sec. 211. Low-Earth orbit commercialization.
Sec. 212. Maintaining a national laboratory in space.
Sec. 213. International Space Station national laboratory; property
rights in inventions.
Sec. 214. Data first produced during non-NASA scientific use of the ISS
national laboratory.
Sec. 215. Royalties and other payments received for designated
activities.
Sec. 216. Steppingstone approach to exploration.
Sec. 217. Technical amendments relating to Artemis missions.
TITLE III--SCIENCE
Sec. 301. Science priorities.
Sec. 302. Lunar discovery program.
Sec. 303. Search for life.
Sec. 304. James Webb Space Telescope.
Sec. 305. Wide-Field Infrared Survey Telescope.
Sec. 306. Satellite servicing for science missions.
Sec. 307. Earth science missions and programs.
Sec. 308. Science missions to Mars.
Sec. 309. Planetary Defense Coordination Office.
Sec. 310. Suborbital science flights.
Sec. 311. Earth science data and observations.
Sec. 312. Sense of Congress on small satellite science.
Sec. 313. Sense of Congress on commercial space services.
Sec. 314. Procedures for identifying and addressing alleged violations
of scientific integrity policy.
[[Page S7653]]
TITLE IV--AERONAUTICS
Sec. 401. Short title.
Sec. 402. Definitions.
Sec. 403. Experimental aircraft projects.
Sec. 404. Unmanned aircraft systems.
Sec. 405. 21st Century Aeronautics Capabilities Initiative.
Sec. 406. Sense of Congress on on-demand air transportation.
Sec. 407. Sense of Congress on hypersonic technology research.
TITLE V--SPACE TECHNOLOGY
Sec. 501. Space Technology Mission Directorate.
Sec. 502. Flight opportunities program.
Sec. 503. Small Spacecraft Technology Program.
Sec. 504. Nuclear propulsion technology.
Sec. 505. Mars-forward technologies.
Sec. 506. Prioritization of low-enriched uranium technology.
Sec. 507. Sense of Congress on next-generation communications
technology.
TITLE VI--STEM ENGAGEMENT
Sec. 601. Sense of Congress.
Sec. 602. STEM education engagement activities.
Sec. 603. Skilled technical education outreach program.
Sec. 604. National space grant college and fellowship program.
TITLE VII--WORKFORCE AND INDUSTRIAL BASE
Sec. 701. Appointment and compensation pilot program.
Sec. 702. Establishment of multi-institution consortia and university-
affiliated research centers.
Sec. 703. Expedited access to technical talent and expertise.
Sec. 704. Report on industrial base for civil space missions and
operations.
Sec. 705. Separations and retirement incentives.
Sec. 706. Confidentiality of medical quality assurance records.
TITLE VIII--MISCELLANEOUS PROVISIONS
Sec. 801. Contracting authority.
Sec. 802. Authority for transaction prototype projects and follow-on
production contracts.
Sec. 803. Protection of data and information from public disclosure.
Sec. 804. Physical security modernization.
Sec. 805. Lease of non-excess property.
Sec. 806. Cybersecurity.
Sec. 807. Limitation on cooperation with the People's Republic of
China.
Sec. 808. Consideration of issues related to contracting with entities
receiving assistance from or affiliated with the People's
Republic of China.
Sec. 809. Small satellite launch services program.
Sec. 810. 21st century space launch infrastructure.
Sec. 811. Missions of national need.
Sec. 812. Exemption from the Iran, North Korea, and Syria
Nonproliferation Act.
Sec. 813. Drinking water well replacement for Chincoteague, Virginia.
Sec. 814. Passenger carrier use.
Sec. 815. Use of commercial near-space balloons.
Sec. 816. President's Space Advisory Board.
Sec. 817. Initiative on technologies for noise and emissions
reductions.
Sec. 818. Remediation of sites contaminated with trichloroethylene.
Sec. 819. Report on merits and options for establishing an institute
relating to space resources.
Sec. 820. Report on establishing center of excellence for space weather
technology.
Sec. 821. Review on preference for domestic suppliers.
Sec. 822. Report on utilization of commercial space ports licensed by
Federal Aviation Administration.
Sec. 823. Active orbital debris mitigation.
Sec. 824. Study on commercial communications services.
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.--Except as
otherwise expressly provided, 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) Cislunar space.--The term ``cislunar space'' means the
region of space beyond low-Earth orbit 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, including cislunar space.
(6) Development cost.--The term ``development cost'' has
the meaning given the term in section 30104 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 entered into 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 in section 303 of the National Aeronautics
and Space Administration Authorization Act of 2010 (42 U.S.C.
18323).
(11) OSTP.--The term ``OSTP'' means the Office of Science
and Technology Policy.
(12) Space launch system.--The term ``Space Launch System''
means the Space Launch System authorized under section 302 of
the National Aeronautics and Space Administration Act of 2010
(42 U.S.C. 18322).
TITLE I--AUTHORIZATION OF APPROPRIATIONS
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the
Administration for fiscal year 2020 $22,750,000,000 as
follows:
(1) For Exploration, $6,222,600,000.
(2) For Space Operations, $4,150,200,000.
(3) For Science, $6,905,700,000.
(4) For Aeronautics, $783,900,000.
(5) For Space Technology, $1,076,400,000.
(6) For Science, Technology, Engineering, and Mathematics
Engagement, $112,000,000.
(7) For Safety, Security, and Mission Services,
$2,934,800,000.
(8) For Construction and Environmental Compliance and
Restoration, $524,400,000.
(9) For Inspector General, $40,000,000.
TITLE II--HUMAN SPACEFLIGHT AND EXPLORATION
SEC. 201. ADVANCED CISLUNAR AND LUNAR SURFACE CAPABILITIES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) commercial entities in the United States have made
significant investment and progress toward the development of
human-class lunar landers;
(2) NASA developed the Artemis program--
(A) to fulfill the goal of landing United States
astronauts, including the first woman and the next man, on
the Moon; and
(B) to collaborate with commercial and international
partners to establish sustainable lunar exploration by 2028;
and
(3) in carrying out the Artemis program, the Administration
should ensure that the entire Artemis program is inclusive
and representative of all people of the United States,
including women and minorities.
(b) Lander Program.--
(1) In general.--The Administrator shall foster the flight
demonstration of not more than 2 human-class lunar lander
designs through public-private partnerships.
(2) Initial development phase.--The Administrator may
support the formulation of more than 2 concepts in the
initial development phase.
(c) Requirements.--In carrying out the program under
subsection (b), the Administrator shall--
(1) enter into industry-led partnerships using a fixed-
price, milestone-based approach;
(2) to the maximum extent practicable, encourage
reusability and sustainability of systems developed;
(3) ensure availability of 1 or more lunar polar science
payloads for a demonstration mission; and
(4) to the maximum extent practicable, offer existing
capabilities and assets of NASA centers to support these
partnerships.
SEC. 202. SPACE LAUNCH SYSTEM CONFIGURATIONS.
(a) Mobile Launch Platform.--The Administrator is
authorized to maintain 2 operational mobile launch platforms
to enable the launch of multiple configurations of the Space
Launch System.
(b) Exploration Upper Stage.--To meet the capability
requirements under section 302(c)(2) of the National
Aeronautics and Space Administration Authorization Act of
2010 (42 U.S.C. 18322(c)(2)), the Administrator shall
continue development of the Exploration Upper Stage for the
Space Launch System with a scheduled availability sufficient
for use on the third launch of the Space Launch System.
(c) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Administrator shall brief the
appropriate committees of Congress on the development and
scheduled availability of the Exploration Upper Stage for the
third launch of the Space Launch System.
(d) Main Propulsion Test Article.--To meet the requirements
under section 302(c)(3) of the National Aeronautics and Space
Administration Authorization Act of 2010 (42 U.S.C.
18322(c)(3)), the Administrator shall--
(1) immediately on completion of the first full-duration
integrated core stage test of the Space Launch System,
initiate development of a main propulsion test article for
the integrated core stage propulsion elements of the Space
Launch System;
(2) not later than 180 days after the date of the enactment
of this Act, submit to the appropriate committees of Congress
a detailed plan for the development and operation of such
main propulsion test article; and
(3) use existing capabilities of NASA centers for the
design, manufacture, and operation of the main propulsion
test article.
SEC. 203. ADVANCED SPACESUITS.
(a) Sense of Congress.--It is the sense of Congress that
next-generation advanced spacesuits are a critical technology
for human space exploration and use of low-Earth orbit,
cislunar space, the surface of the Moon, and Mars.
(b) Development Plan.--The Administrator shall establish a
detailed plan for the development and manufacture of advanced
spacesuits, consistent with the deep space exploration goals
and timetables of NASA.
(c) Diverse Astronaut Corps.--The Administrator shall
ensure that spacesuits developed
[[Page S7654]]
and manufactured after the date of the enactment of this Act
are capable of accommodating a wide range of sizes of
astronauts so as to meet the needs of the diverse NASA
astronaut corps.
(d) ISS Use.--Throughout the operational life of the ISS,
the Administrator should fully use the ISS for testing
advanced spacesuits.
(e) Prior Investments.--
(1) In general.--In developing an advanced spacesuit, the
Administrator shall, to the maximum extent practicable,
partner with industry-proven spacesuit design, development,
and manufacturing suppliers and leverage prior and existing
investments in advanced spacesuit technologies to maximize
the benefits of such investments and technologies.
(2) Agreements with private entities.--In carrying out this
subsection, the Administrator may enter into 1 or more
agreements with 1 or more private entities for the
manufacture of advanced spacesuits, as the Administrator
considers appropriate.
(f) Briefing.--Not later than 180 days after the date of
the enactment of this Act, and semiannually thereafter until
NASA procures advanced spacesuits under this section, the
Administrator shall brief the appropriate committees of
Congress on the development plan in subsection (b).
SEC. 204. LIFE SCIENCE AND PHYSICAL SCIENCE RESEARCH.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the 2011 decadal survey on biological and physical
sciences in space identifies--
(A) many areas in which fundamental scientific research is
needed to efficiently advance the range of human activities
in space, from the first stages of exploration to eventual
economic development; and
(B) many areas of basic and applied scientific research
that could use the microgravity, radiation, and other aspects
of the spaceflight environment to answer fundamental
scientific questions;
(2) given the central role of life science and physical
science research in developing the future of space
exploration, NASA should continue to invest strategically in
such research to maintain United States leadership in space
exploration; and
(3) such research remains important to the objectives of
NASA with respect to long-duration deep space human
exploration to the Moon and Mars.
(b) Program Continuation.--
(1) In general.--In support of the goals described in
section 20302 of title 51, United States Code, the
Administrator shall continue to implement a collaborative,
multidisciplinary life science and physical science
fundamental research program--
(A) to build a scientific foundation for the exploration
and development of space;
(B) to investigate the mechanisms of changes to biological
systems and physical systems, and the environments of those
systems in space, including the effects of long-duration
exposure to deep space-related environmental factors on those
systems;
(C) to understand the effects of combined deep space
radiation and altered gravity levels on biological systems so
as to inform the development and testing of potential
countermeasures;
(D) to understand physical phenomena in reduced gravity
that affect design and performance of enabling technologies
necessary for the space exploration program;
(E) to provide scientific opportunities to educate, train,
and develop the next generation of researchers and engineers;
and
(F) to provide state-of-the-art data repositories and
curation of large multi-data sets to enable comparative
research analyses.
(2) Elements.--The program under paragraph (1) shall--
(A) include fundamental research relating to life science,
space bioscience, and physical science; and
(B) maximize intra-agency and interagency partnerships to
advance space exploration, scientific knowledge, and benefits
to Earth.
(3) Use of facilities.--In carrying out the program under
paragraph (1), the Administrator may use ground-based, air-
based, and space-based facilities in low-Earth orbit and
beyond low-Earth orbit.
SEC. 205. ACQUISITION OF DOMESTIC SPACE TRANSPORTATION AND
LOGISTICS RESUPPLY SERVICES.
(a) In General.--Except as provided in subsection (b), the
Administrator shall not enter into any contract with a person
or entity that proposes to use, or will use, a foreign launch
provider for a commercial service to provide space
transportation or logistics resupply for--
(1) the ISS; or
(2) any Government-owned or Government-funded platform in
Earth orbit or cislunar space, on the lunar surface, or
elsewhere in space.
(b) Exception.--The Administrator may enter into a contract
with a person or entity that proposes to use, or will use, a
foreign launch provider for a commercial service to carry out
an activity described in subsection (a) if a domestic vehicle
or service is unavailable.
(c) Rule of Construction.--Nothing in this section shall be
construed to prohibit the Administrator from entering into 1
or more no-exchange-of-funds collaborative agreements with an
international partner in support of the deep space
exploration plan of NASA.
SEC. 206. ROCKET ENGINE TEST INFRASTRUCTURE.
(a) In General.--The Administrator shall carry out a
program to modernize rocket propulsion test infrastructure at
NASA facilities--
(1) to increase capabilities;
(2) to enhance safety;
(3) to support propulsion development and testing; and
(4) to foster the improvement of Government and commercial
space transportation and exploration.
(b) Projects.--Projects funded under the program under
subsection (a) may include--
(1) infrastructure and other facilities and systems
relating to rocket propulsion test stands and rocket
propulsion testing;
(2) enhancements to test facility capacity and flexibility;
and
(3) such other projects as the Administrator considers
appropriate to meet the goals described in subsection (a).
(c) Requirements.--In carrying out the program under
subsection (a), the Administrator shall--
(1) prioritize investments in projects that enhance test
and flight certification capabilities for large thrust-level
atmospheric and altitude engines and engine systems, and
multi-engine integrated test capabilities; and
(2) ensure that no project carried out under this program
shall adversely impact, delay, or defer testing or other
activities associated with facilities used for Government
programs, including--
(A) the Space Launch System and the Exploration Upper Stage
of the Space Launch System;
(B) in-space propulsion to support exploration missions; or
(C) nuclear propulsion testing.
(d) Savings Clause.--Nothing in this section shall preclude
a NASA program, including the Space Launch System and the
Exploration Upper Stage of the Space Launch System, from
using the modernized test infrastructure developed under this
section.
SEC. 207. INDIAN RIVER BRIDGE.
(a) In General.--The Administrator, in coordination with
the heads of other Federal agencies that use the Indian River
Bridge on the NASA Causeway, shall develop a plan to ensure
that a bridge over the Indian River at such location provides
access to the Eastern Range for national security, civil, and
commercial space operations.
(b) Fee or Toll Discouraged.--The plan shall strongly
discourage the imposition of a user fee or toll on a bridge
over the Indian River at such location.
SEC. 208. VALUE OF INTERNATIONAL SPACE STATION AND
CAPABILITIES IN LOW-EARTH ORBIT.
(a) Sense of Congress.--It is the sense of Congress that--
(1) it is in the national and economic security interests
of the United States to maintain a continuous human presence
in low-Earth orbit;
(2) low-Earth orbit should be used as a test bed to advance
human space exploration and scientific discoveries; and
(3) the ISS is a critical component of economic,
commercial, and industrial development in low-Earth orbit.
(b) Human Presence Requirement.--The United States shall
continuously maintain the capability for a continuous human
presence in low-Earth orbit through and beyond the useful
life of the ISS.
SEC. 209. EXTENSION AND MODIFICATION RELATING TO
INTERNATIONAL SPACE STATION.
(a) Policy.--Section 501(a) of the National Aeronautics and
Space Administration Authorization Act of 2010 (42 U.S.C.
18351(a)) is amended by striking ``2024'' and inserting
``2030''.
(b) Maintenance of United States Segment and Assurance of
Continued Operations.--Section 503(a) of the National
Aeronautics and Space Administration Authorization Act of
2010 (42 U.S.C. 18353(a)) is amended by striking ``September
30, 2024'' and inserting ``September 30, 2030''.
(c) Research Capacity Allocation and Integration of
Research Payloads.--Section 504(d) of the National
Aeronautics and Space Administration Authorization Act of
2010 (42 U.S.C. 18354(d)) is amended--
(1) in paragraph (1), in the first sentence--
(A) by striking ``As soon as practicable'' and all that
follows through ``2011,'' and inserting ``The''; and
(B) by striking ``September 30, 2024'' and inserting
``September 30, 2030''; and
(2) in paragraph (2), in the third sentence, by striking
``September 30, 2024'' and inserting ``September 30, 2030''.
(d) Maintenance of Use.--
(1) In general.--Section 70907 of title 51, United States
Code, is amended--
(A) in the section heading, by striking ``2024'' and
inserting ``2030'';
(B) in subsection (a), by striking ``September 30, 2024''
and inserting ``September 30, 2030''; and
(C) in subsection (b)(3), by striking ``September 30,
2024'' and inserting ``September 30, 2030''.
(e) Transition Plan Reports.--Section 50111(c)(2) of title
51, United States Code is amended--
(1) in the matter preceding subparagraph (A), by striking
``2023'' and inserting ``2028''; and
(2) in subparagraph (J), by striking ``2028'' and inserting
``2030''.
(f) Elimination of International Space Station National
Laboratory Advisory Committee.--Section 70906 of title 51,
United States Code, is repealed.
(g) Conforming Amendments.--Chapter 709 of title 51, United
States Code, is amended--
(1) by redesignating section 70907 as section 70906; and
(2) in the table of sections for the chapter, by striking
the items relating to sections 70906 and 70907 and inserting
the following:
``70906. Maintaining use through at least 2030.''.
SEC. 210. DEPARTMENT OF DEFENSE ACTIVITIES ON INTERNATIONAL
SPACE STATION.
(a) In General.--Not later than March 1, 2020, the
Secretary of Defense shall--
[[Page S7655]]
(1) identify and review each activity, program, and project
of the Department of Defense completed, being carried out, or
planned to be carried out on the ISS as of the date of the
review; and
(2) provide to the appropriate committees of Congress a
briefing that describes the results of the review.
(b) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services and the Committee on
Commerce, Science, and Transportation of the Senate; and
(2) the Committee on Armed Services and the Committee on
Science, Space, and Technology of the House of
Representatives.
SEC. 211. LOW-EARTH ORBIT COMMERCIALIZATION.
(a) Statement of Policy.--It is the policy of the United
States to encourage the development of a thriving and robust
United States commercial sector in low-Earth orbit.
(b) Preference for United States Commercial Products and
Services.--The Administrator shall continue to increase the
use of assets, products, and services of private entities in
the United States to fulfill the low-Earth orbit requirements
of the Administration.
(c) Noncompetition.--
(1) In general.--Except as provided in paragraph (2), the
Administrator may not offer to a foreign person or a foreign
government a spaceflight product or service relating to the
ISS, if a comparable spaceflight product or service, as
applicable, is offered by a private entity in the United
States.
(2) Exception.--The Administrator may offer a spaceflight
product or service relating to the ISS to the government of a
country that is a signatory to the Agreement Among the
Government of Canada, Governments of Member States of the
European Space Agency, the Government of Japan, the
Government of the Russian Federation, and the Government of
the United States of America Concerning Cooperation on the
Civil International Space Station, signed at Washington
January 29, 1998, and entered into force on March 27, 2001
(TIAS 12927).
(d) Short-duration Commercial Missions.--To provide
opportunities for additional transport of astronauts to the
ISS and help establish a commercial market in low-Earth
orbit, the Administrator may permit short-duration missions
to the ISS for commercial passengers.
(e) Program Authorization.--
(1) Establishment.--The Administrator shall establish a
low-Earth orbit commercialization program to encourage the
fullest commercial use and development of space by private
entities in the United States.
(2) Elements.--The program established under paragraph (1)
shall, to the maximum extent practicable, include
activities--
(A) to stimulate demand for--
(i) space-based commercial research, development, and
manufacturing;
(ii) spaceflight products and services; and
(iii) human spaceflight products and services in low-Earth
orbit;
(B) to improve the capability of the ISS to accommodate
commercial users; and
(C) subject to paragraph (3), to foster the development of
commercial space stations and habitats.
(3) Commercial space stations and habitats.--
(A) Priority.--With respect to an activity to develop a
commercial space station or habitat, the Administrator shall
give priority to an activity for which a private entity
provides a share of the cost to develop and operate the
activity.
(B) Limitation.--The Administrator may not provide funding
for the development of a commercial space station or habitat
until after the date on which the Administrator awards a
contract for the use of a docking port on the ISS.
(C) Report.--Not later than 30 days after the date that an
award or agreement is made to carry out an activity to
develop a commercial space station or habitat, the
Administrator shall submit to the appropriate committees of
Congress a report on the development of the commercial space
station or habitat, as applicable, that includes--
(i) a business plan that describes the manner in which the
project will--
(I) meet the future requirements of NASA for low-Earth
orbit human space-flight services; and
(II) fulfill the cost-share funding prioritization under
subparagraph (A); and
(ii) a review of the viability of the operational business
case, including--
(I) the level of expected Government participation;
(II) a list of anticipated nongovernmental an international
customers and associated contributions; and
(III) an assessment of long-term sustainability for the
nongovernmental customers, including an independent
assessment of the viability of the market for such commercial
services or products.
SEC. 212. MAINTAINING A NATIONAL LABORATORY IN SPACE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States segment of the International Space
Station (as defined in section 70905 of title 51, United
States Code), which is designated as a national laboratory
under section 70905(b) of title 51, United States Code--
(A) benefits the scientific community and promotes commerce
in space;
(B) fosters stronger relationships among NASA and other
Federal agencies, the private sector, and research groups and
universities;
(C) advances science, technology, engineering, and
mathematics education through use of the unique microgravity
environment; and
(D) advances human knowledge and international cooperation;
(2) after the ISS is decommissioned, the United States
should maintain a national microgravity laboratory in space;
(3) in maintaining a national microgravity laboratory in
space, the United States should make appropriate
accommodations for different types of ownership and operation
arrangements for the ISS and future space stations;
(4) to the maximum extent practicable, a national
microgravity laboratory in space should be maintained in
cooperation with international space partners; and
(5) NASA should continue to support fundamental science
research on future platforms in low-Earth orbit and cislunar
space, orbital and suborbital flights, drop towers, and other
microgravity testing environments.
(b) Report.--The Administrator, in coordination with the
National Space Council and other Federal agencies as the
Administrator considers appropriate, shall issue a report
detailing the feasibility of establishing a microgravity
national laboratory federally funded research and development
center to carry out activities relating to the study and use
of in-space conditions.
SEC. 213. INTERNATIONAL SPACE STATION NATIONAL LABORATORY;
PROPERTY RIGHTS IN INVENTIONS.
(a) In General.--Subchapter III of chapter 201 of title 51,
United States Code, is amended by adding at the end the
following:
``Sec. 20150. Property rights in designated inventions
``(a) Exclusive Property Rights.--Notwithstanding section
3710a of title 15, chapter 18 of title 35, section 20135, or
any other provision of law, a designated invention shall be
the exclusive property of a user, and shall not be subject to
a Government-purpose license, if--
``(1) the Administration is reimbursed under the terms of
the contract for the full cost of a contribution by the
Federal Government of the use of Federal facilities,
equipment, materials, proprietary information of the Federal
Government, or services of a Federal employee during working
hours, including the cost for the Administration to carry out
its responsibilities under paragraphs (1) and (4) of section
504(d) of the National Aeronautics and Space Administration
Authorization Act of 2010 (42 U.S.C. 18354(d));
``(2) Federal funds are not transferred to the user under
the contract; and
``(3) the invention was made (as defined in section
20135(a))--
``(A) solely by the user; or
``(B)(i) by the user with the services of a Federal
employee under the terms of the contract; and
``(ii) the Administration is reimbursed for such services
under paragraph (1).
``(b) Rule of Construction.--Nothing in this section may be
construed to affect the rights of the Federal Government,
including property rights in inventions, under any contract,
except in the case of a written contract with the
Administration or the ISS management entity for the
performance of a designated activity.
``(c) Definitions.--In this section--
``(1) Contract.--The term `contract' has the meaning giving
the term in section 20135(a).
``(2) Designated activity.--The term `designated activity'
means any non-NASA scientific use of the ISS national
laboratory as described in section 504 of the National
Aeronautics and Space Administration Authorization Act of
2010 (42 U.S.C. 18354).
``(3) Designated invention.--The term `designated
invention' means any invention conceived or first reduced to
practice by any person in the performance of a designated
activity under a written contract with the Administration or
the ISS management entity.
``(4) Government-purpose license.--The term `Government-
purpose license' means the reservation by the Federal
Government of an irrevocable, nonexclusive, nontransferable,
royalty-free license for the use of an invention throughout
the world by or on behalf of the United States or any foreign
government pursuant to a treaty or agreement with the United
States.
``(5) ISS management entity.--The term `ISS management
entity' means the organization with which the Administrator
enters into a cooperative agreement under section 504(a) of
the National Aeronautics and Space Administration
Authorization Act of 2010 (42 U.S.C. 18354(a)).
``(6) User.--The term `user' means a person, including a
nonprofit organization or small business firm (as such terms
are defined in section 201 of title 35), or class of persons
that enters into a written contract with the Administration
or the ISS management entity for the performance of
designated activities.''.
(b) Conforming Amendment.--The table of sections for
chapter 201 of title 51, United States Code, is amended by
inserting after the item relating to section 20149 the
following:
``20150. Property rights in designated inventions.''.
SEC. 214. DATA FIRST PRODUCED DURING NON-NASA SCIENTIFIC USE
OF THE ISS NATIONAL LABORATORY.
(a) Data Rights.--Subchapter III of chapter 201 of title
51, United States Code, as amended by section 213, is further
amended by adding at the end the following:
``Sec. 20151. Data rights
``(a) Non-NASA Scientific Use of the ISS National
Laboratory.--The Federal Government may not use or reproduce,
or disclose outside of the Government, any data first
produced in the performance of a designated activity under a
written contract with the Administration or the ISS
management entity, unless--
``(1) otherwise agreed under the terms of the contract with
the Administration or the ISS management entity, as
applicable;
``(2) the designated activity is carried out with Federal
funds;
[[Page S7656]]
``(3) disclosure is required by law;
``(4) the Federal Government has rights in the data under
another Federal contract, grant, cooperative agreement, or
other transaction; or
``(5) the data is--
``(A) otherwise lawfully acquired or independently
developed by the Federal Government;
``(B) related to the health and safety of personnel on the
ISS; or
``(C) essential to the performance of work by the ISS
management entity or NASA personnel.
``(b) Definitions.--In this section:
``(1) Contract.--The term `contract' has the meaning given
the term under section 20135(a).
``(2) Data.--
``(A) In general.--The term `data' means recorded
information, regardless of form or the media on which it may
be recorded.
``(B) Inclusions.--The term `data' includes technical data
and computer software.
``(C) Exclusions.--The term `data' does not include
information incidental to contract administration, such as
financial, administrative, cost or pricing, or management
information.
``(3) Designated activity.--The term `designated activity'
has the meaning given the term in section 20150.
``(4) ISS management entity.--The term `ISS management
entity' has the meaning given the term in section 20150.''.
(b) Special Handling of Trade Secrets or Confidential
Information.--Section 20131(b)(2) of title 51, United States
Code, is amended to read as follows:
``(2) Information described.--
``(A) Activities under agreement.--Information referred to
in paragraph (1) is information that--
``(i) results from activities conducted under an agreement
entered into under subsections (e) and (f) of section 20113;
and
``(ii) would be a trade secret or commercial or financial
information that is privileged or confidential within the
meaning of section 552(b)(4) of title 5 if the information
had been obtained from a non-Federal party participating in
such an agreement.
``(B) Certain data.--Information referred to in paragraph
(1) includes data (as defined in section 20151) that--
``(i) was first produced by the Administration in the
performance of any designated activity (as defined in section
20150); and
``(ii) would be a trade secret or commercial or financial
information that is privileged or confidential within the
meaning of section 552(b)(4) of title 5 if the data had been
obtained from a non-Federal party.''.
(c) Conforming Amendment.--The table of sections for
chapter 201 of title 51, United States Code, as amended by
section 213, is further amended by inserting after the item
relating to section 20150 the following:
``20151. Data rights.''.
SEC. 215. ROYALTIES AND OTHER PAYMENTS RECEIVED FOR
DESIGNATED ACTIVITIES.
(a) Sense of Congress.--It is the sense of Congress that
the Administrator should determine a threshold for which it
may be appropriate for NASA to recoup the costs of supporting
the creation of invention aboard the ISS, through the
negotiation of royalties, similar to agreements made by other
Federal agencies that support private sector innovation.
(b) In General.--Subchapter III of chapter 201 of title 51,
United States Code, as amended by sections 213 and 214, is
further amended by adding at the end the following:
``Sec. 20152. Royalties and other payments received for
designated activities
``(a) Designated Inventions Made With Federal Assistance.--
Notwithstanding any other provision of law, if the
Administration, under the terms of a written contract for the
performance of a designated activity, agrees to provide,
unreimbursed, the total cost of a contribution by the Federal
Government of the use of Federal facilities, equipment,
materials, proprietary information of the Federal Government,
or services of a Federal employee during working hours,
including the cost for the Administration to carry out its
responsibilities under paragraphs (1) and (4) of section
504(d) of the National Aeronautics and Space Administration
Authorization Act of 2010 (42 U.S.C. 18354(d)), the
Administrator shall negotiate an agreement on the terms and
rates of royalty payments with respect to an invention or
class of inventions conceived or first reduced to practice by
any person or class of persons in the performance of such
designated activities.
``(b) Licensing and Assignment of Inventions.--
Notwithstanding sections 3710a and 3710c of title 15 and any
other provision of law, after payment in accordance with
subsection (A)(i) of such section 3710c(a)(1)(A)(i) to the
inventors who have directly assigned to the Federal
Government their interests in an invention under a written
contract with the Administration or the ISS management entity
for the performance of a designated activity, the balance of
any royalty or other payment received by the Administrator or
the ISS management entity from licensing and assignment of
such invention shall be paid by the Administrator or the ISS
management entity, as applicable, to the Space Exploration
Fund.
``(c) Space Exploration Fund.--
``(1) Establishment.--There is established in the Treasury
of the United States a fund, to be known as the `Space
Exploration Fund' (referred to in this subsection as the
`Fund'), to be administered by the Administrator.
``(2) Use of fund.--The Fund shall be available without
fiscal year limitation and without further appropriation to
carry out space exploration activities under section 20302.
``(3) Deposits.--There shall be deposited in the Fund--
``(A) amounts appropriated to the Fund;
``(B) fees and royalties collected by the Administrator or
the ISS management entity under subsections (a) and (b); and
``(C) donations or contributions designated to support
authorized activities.
``(4) Rule of construction.--Amounts available to the
Administrator under this subsection shall be in addition to
amounts otherwise made available for the purpose described in
paragraph (2).
``(d) Definitions.--The terms used in this section have the
meanings given the terms in section 20150.''.
(c) Conforming Amendment.--The table of sections for
chapter 201 of title 51, United States Code, as amended by
sections 213 and 214, is further amended by inserting after
the item relating to section 20151 the following:
``20152. Royalties and other payments received for designated
activities.''.
SEC. 216. STEPPINGSTONE APPROACH TO EXPLORATION.
(a) In General.--Section 70504 of title 51, United States
Code, is amended to read as follows:
``Sec. 70504. Steppingstone approach to exploration
``(a) In General.--The Administrator, in sustainable steps,
may conduct missions to intermediate destinations, such as
the Moon, in accordance with section 20302(b), 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)), if the Administrator--
``(1) determines that each such mission demonstrates or
advances a technology or operational concept that will enable
human missions to Mars; and
``(2) incorporates each such mission into the human
exploration roadmap under section 432 of the National
Aeronautics and Space Administration Transition Authorization
Act of 2017 (Public Law 115-10; 51 U.S.C. 20302 note).
``(b) Cislunar Space Exploration Activities.--In conducting
a mission under subsection (a), the Administrator shall--
``(1) use a combination of launches of the Space Launch
System and space transportation services from United States
commercial providers, as appropriate, for the mission;
``(2) plan for not fewer than 1 Space Launch System launch
annually beginning after the first successful crewed launch
of Orion on the Space Launch System; and
``(3) establish an outpost in orbit around the Moon that--
``(A) demonstrates technologies, systems, and operational
concepts directly applicable to the space vehicle that will
be used to transport humans to Mars;
``(B) has the capability for periodic human habitation; and
``(C) can function as a point of departure, return, or
staging for Administration or nongovernmental or
international partner missions to multiple locations on the
lunar surface or other destinations.
``(c) Cost-effectiveness.--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 nongovernmental and international partners, to
ensure that activities in the Administration's human space
exploration program are balanced in order to help meet the
requirements of future exploration and utilization activities
leading to human habitation on the surface of Mars.
``(d) 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 delay.
``(e) International Participation.--To achieve the goal of
successfully conducting a crewed mission to the surface of
Mars, the Administrator shall invite the partners in the ISS
program and other nations, as appropriate, to participate in
an international initiative under the leadership of the
United States.''.
(b) Definition of Cislunar Space.--Section 10101 of title
51, United States Code, is amended by adding at the end the
following:
``(3) Cislunar space.--The term `cislunar space' means the
region of space beyond low-Earth orbit out to and including
the region around the surface of the Moon.''.
(c) Technical and Conforming Amendments.--Section 3 of the
National Aeronautics and Space Administration Authorization
Act of 2010 (42 U.S.C. 18302) is amended by striking
paragraphs (2) and (3) and inserting the following:
``(2) 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.
``(3) Cislunar space.--The term `cislunar space' means the
region of space beyond low-Earth orbit out to and including
the region around the surface of the Moon.''.
SEC. 217. TECHNICAL AMENDMENTS RELATING TO ARTEMIS MISSIONS.
(a) Section 421 of the National Aeronautics and Space
Administration Authorization Act of 2017 (Public Law 115-10;
51 U.S.C. 20301 note) is amended--
(1) in subsection (c)(3)--
(A) by striking ``EM-1'' and inserting ``Artemis 1'';
(B) by striking ``EM-2'' and inserting ``Artemis 2''; and
(C) by striking ``EM-3'' and inserting ``Artemis 3''; and
(2) in subsection (f)(3), by striking ``EM-3'' and
inserting ``Artemis 3''.
[[Page S7657]]
(b) Section 432(b) of the National Aeronautics and Space
Administration Authorization Act of 2017 (Public Law 115-10;
51 U.S.C. 20302 note) is amended--
(1) in paragraph (3)(D)--
(A) by striking ``EM-1'' and inserting ``Artemis 1''; and
(B) by striking ``EM-2'' and inserting ``Artemis 2''; and
(2) in paragraph (4)(C), by striking ``EM-3'' and inserting
``Artemis 3''.
TITLE III--SCIENCE
SEC. 301. SCIENCE PRIORITIES.
(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 decadal surveys of the National Academies of
Sciences, Engineering, and Medicine.
(b) National Academies Decadal Surveys.--Section 20305(c)
of title 51, United States Code, is amended--
(1) by striking ``The Administrator shall'' and inserting
the following:
``(1) Reexamination of priorities by national academies.--
The Administrator shall''; and
(2) by adding at the end the following:
``(2) Reexamination of priorities by administrator.--If the
Administrator decides to reexamine the applicability of the
priorities of the decadal surveys to the missions and
activities of the Administration due to scientific
discoveries or external factors, the Administrator shall
consult with the relevant committees of the National
Academies.''.
SEC. 302. LUNAR DISCOVERY PROGRAM.
(a) In General.--The Administrator may carry out a program
to conduct lunar science research, including missions to the
surface of the Moon, that materially contributes to the
objective described in section 20102(d)(1) of title 51,
United States Code.
(b) Commercial Landers.--In carrying out a program under
subsection (a), the Administrator shall procure the services
of commercial landers developed primarily by United States
industry to land science payloads of all classes on the lunar
surface.
(c) Lunar Science Research.--The Administrator shall ensure
that lunar science research carried out under subsection (a)
is consistent with recommendations made by the National
Academies of Sciences, Engineering, and Medicine.
(d) Lunar Polar Volatiles.--In carrying out a program under
subsection (a), the Administrator shall, at the earliest
opportunity, consider mission proposals to evaluate the
potential of lunar polar volatiles to contribute to
sustainable lunar exploration.
SEC. 303. SEARCH FOR LIFE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the report entitled ``An Astrobiology Strategy for the
Search for Life in the Universe'' published by the National
Academies of Sciences, Engineering, and Medicine outlines the
key scientific questions and methods for fulfilling the
objective of NASA to search for the origin, evolution,
distribution, and future of life in the universe; and
(2) the interaction of lifeforms with their environment, a
central focus of astrobiology research, is a topic of broad
significance to life sciences research in space and on Earth.
(b) Program Continuation.--
(1) In general.--The Administrator shall continue to
implement a collaborative, multidisciplinary science and
technology development program to search for proof of the
existence or historical existence of life beyond Earth in
support of the objective described in section 20102(d)(10) of
title 51, United States Code.
(2) Element.--The program under paragraph (1) shall include
activities relating to astronomy, biology, geology, and
planetary science.
(3) Coordination with life sciences program.--In carrying
out the program under paragraph (1), the Administrator shall
coordinate efforts with the life sciences program of the
Administration.
(4) Technosignatures.--In carrying out the program under
paragraph (1), the Administrator shall support activities to
search for and analyze technosignatures.
(5) Instrumentation and sensor technology.--In carrying out
the program under paragraph (1), the Administrator may
strategically invest in the development of new
instrumentation and sensor technology.
SEC. 304. JAMES WEBB SPACE TELESCOPE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the James Webb Space Telescope will be the next premier
observatory in space and has great potential to further
scientific study and assist scientists in making new
discoveries in the field of astronomy;
(2) the James Webb Space Telescope was developed as an
ambitious project with a scope that was not fully defined at
inception and with risk that was not fully known or
understood;
(3) despite the major technology development and innovation
that was needed to construct the James Webb Space Telescope,
major negative impacts to the cost and schedule of the James
Webb Space Telescope resulted from poor program management
and poor contractor performance;
(4) the Administrator should take into account the lessons
learned from the cost and schedule issues relating to the
development of the James Webb Space Telescope in making
decisions regarding the scope of and the technologies needed
for future scientific missions;
(5) in selecting future scientific missions, the
Administrator should take into account the impact that large
programs that overrun cost and schedule estimates may have on
other NASA programs in earlier phases of development; and
(6) the Administrator should continue to develop the James
Webb Space Telescope with a development cost of not more than
$8,802,700,000, as estimated by the James Webb Space
Telescope Independent Review Board Report released in May
2018.
(b) Project Continuation.--
(1) In general.--The Administrator shall continue--
(A) to closely track the cost and schedule performance of
the James Webb Space Telescope project; and
(B) to improve the reliability of cost estimates and
contractor performance data throughout the remaining
development of the James Webb Space Telescope.
(2) Key program objective.--The Administrator shall
continue to develop the James Webb Space Telescope on a
schedule to meet the objective of safely launching the James
Webb Space Telescope not later than March 31, 2021.
SEC. 305. WIDE-FIELD INFRARED SURVEY TELESCOPE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) major growth in the cost of astrophysics flagship-class
missions has impacted the overall portfolio balance of the
Science Mission Directorate; and
(2) the Administrator should continue to develop the Wide-
Field Infrared Survey Telescope with a development cost of
not more than $3,200,000,000.
(b) Project Continuation.--The Administrator shall continue
to develop the Wide-Field Infrared Survey Telescope to meet
the objectives outlined in the 2010 decadal survey on
astronomy and astrophysics of the National Academies of
Sciences, Engineering, and Medicine in a manner that
maximizes scientific productivity based on the resources
invested.
SEC. 306. SATELLITE SERVICING FOR SCIENCE MISSIONS.
(a) Study.--
(1) In general.--The Administrator shall conduct a study on
the feasibility of using in-space robotic refueling, repair,
or refurbishment capabilities to extend the useful life of
telescopes and other science missions that are operational or
in development as of the date of the enactment of this Act.
(2) Elements.--The study conducted under paragraph (1)
shall include the following:
(A) An identification of the technologies and in-space
testing required to demonstrate the in-space robotic
refueling, repair, or refurbishment capabilities described in
paragraph (1).
(B) The projected cost of using such capabilities,
including the cost of extended operations for science
missions described in that paragraph.
(b) Briefing.--Not later than 1 year after the date of the
enactment of this Act, the Administrator shall provide to the
appropriate committees of Congress and the Space Studies
Board of the National Academies of Sciences, Engineering, and
Medicine a briefing on the results of the study conducted
under subsection (a)(1).
SEC. 307. EARTH SCIENCE MISSIONS AND PROGRAMS.
(a) Sense of Congress.--It is the sense of Congress that
the Earth Science Division of NASA plays an important role in
national efforts--
(1) to collect and use Earth observations in service to
society; and
(2) to understand global change.
(b) Earth Science Missions and Programs.--With respect to
the missions and programs of the Earth Science Division, the
Administrator shall, to the maximum extent practicable,
follow the recommendations and guidance provided by the
scientific community through the decadal survey for Earth
science and applications from space of the National Academies
of Sciences, Engineering, and Medicine, including--
(1) the science priorities described in such survey;
(2) the execution of the series of existing or previously
planned observations (commonly known as the ``program of
record''); and
(3) the development of a range of missions of all classes,
including opportunities for principal investigator-led,
competitively selected missions.
SEC. 308. SCIENCE MISSIONS TO MARS.
(a) In General.--The Administrator shall conduct 1 or more
science missions to Mars to enable the selection of 1 or more
sites for human landing.
(b) Sample Program.--The Administrator may carry out a
program--
(1) to collect samples from the surface of Mars; and
(2) to return such samples to Earth for scientific
analysis.
(c) Use of Existing Capabilities and Assets.--In carrying
out this section, the Administrator shall, to the maximum
extent practicable, use existing capabilities and assets of
NASA centers.
SEC. 309. PLANETARY DEFENSE COORDINATION OFFICE.
(a) Findings.--Congress makes the following findings:
(1) Near-Earth objects remain a threat to the United
States.
(2) Section 321(d)(1) of the National Aeronautics and Space
Administration Authorization Act of 2005 (Public Law 109-155;
119 Stat. 2922; 51 U.S.C. 71101 note prec.) established a
requirement that the Administrator plan, develop,
[[Page S7658]]
and implement a Near-Earth Object Survey program to detect,
track, catalogue, and characterize the physical
characteristics of near-Earth objects equal to or greater
than 140 meters in diameter in order to assess the threat of
such near-Earth objects to the Earth, with the goal of 90-
percent completion of the catalogue of such near-Earth
objects by December 30, 2020.
(3) The current planetary defense strategy of NASA
acknowledges that such goal will not be met.
(4) The report of the National Academies of Sciences,
Engineering, and Medicine entitled ``Finding Hazardous
Asteroids Using Infrared and Visible Wavelength Telescopes''
issued in 2019 states that--
(A) NASA cannot accomplish such goal with currently
available assets;
(B) NASA should develop and launch a dedicated space-based
infrared survey telescope to meet the requirements of section
321(d)(1) of the National Aeronautics and Space
Administration Authorization Act of 2005 (Public Law 109-155;
119 Stat. 2922; 51 U.S.C. 71101 note prec.); and
(C) the early detection of potentially hazardous near-Earth
objects enabled by a space-based infrared survey telescope is
important to enable deflection of a dangerous asteroid.
(5) A comprehensive survey of near-Earth objects is vital
to--
(A) the national security of the United States; and
(B) the safety and security of the assets and personnel of
the United States Armed Forces throughout the world.
(b) Establishment of Planetary Defense Coordination
Office.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Administrator shall establish
an office within the Planetary Science Division of the
Science Mission Directorate, to be known as the ``Planetary
Defense Coordination Office'', to plan, develop, and
implement a program to survey threats posed by near-Earth
objects equal to or greater than 140 meters in diameter, as
required by section 321(d)(1) of the National Aeronautics and
Space Administration Authorization Act of 2005 (Public Law
109-155; 119 Stat. 2922; 51 U.S.C. 71101 note prec.).
(2) Activities.--The Administrator shall--
(A) develop and, not later than September 30, 2025, launch
a space-based infrared survey telescope that is capable of
detecting near-Earth objects equal to or greater than 140
meters in diameter, with preference given to planetary
missions selected by the Administrator as of the date of the
enactment of this Act to pursue concept design studies
relating to the development of a space-based infrared survey
telescope;
(B) identify, track, and characterize potentially hazardous
near-Earth objects and issue warnings of the effects of
potential impacts of such objects; and
(C) assist in coordinating Government planning for response
to a potential impact of a near-Earth object.
(3) Department of defense support.--The Secretary of
Defense shall, as appropriate, support efforts of the
Administrator in carrying out this section.
(c) Annual Report.--Section 321(f) of the National
Aeronautics and Space Administration Authorization Act of
2005 (Public Law 109-155; 119 Stat. 2922; 51 U.S.C. 71101
note prec.) is amended to read as follows:
``(f) Annual Report.--Not later than September 30, 2020,
and annually thereafter through 90-percent completion of the
catalogue required by subsection (d)(1), 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 the following:
``(1) A summary of all activities carried out by the
Planetary Defense Coordination Office established under
section 309(b)(1) of the National Aeronautics and Space
Administration Authorization Act of 2019 since the date of
enactment of that Act.
``(2) A description of the progress with respect to the
design, development, and launch of the space-based infrared
survey telescope required by section 309(b)(2)(A) of the
National Aeronautics and Space Administration Authorization
Act of 2019.
``(3) An assessment of the progress toward meeting the
requirements of subsection (d)(1).
``(4) A description of the status of efforts to coordinate
planetary defense activities in response to a threat posed by
a near-Earth object with other Federal agencies since the
date of enactment of the National Aeronautics and Space
Administration Authorization Act of 2019.
``(5) 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.
``(6) A summary of expenditures for all activities carried
out by the Planetary Defense Coordination Office since the
date of enactment of the National Aeronautics and Space
Administration Authorization Act of 2019.''.
(d) Limitation on Use of Funds.--Of the amounts authorized
to be appropriated by this Act, not more than 80 percent of
amounts authorized to be appropriated for the Office of the
Administrator for a fiscal year may be obligated or expended
until the date on which the Administrator submits the report
for such fiscal year required by section 321(f) of the
National Aeronautics and Space Administration Authorization
Act of 2005 (Public Law 109-155; 119 Stat. 2922; 51 U.S.C.
71101 note prec.).
(e) Near-Earth Object Defined.--In this section, the term
``near-Earth object'' means an asteroid or comet with a
perihelion distance of less than 1.3 Astronomical Units from
the Sun.
SEC. 310. SUBORBITAL SCIENCE FLIGHTS.
(a) Sense of Congress.--It is the sense of Congress that
commercially available suborbital flight platforms enable
low-cost access to a microgravity environment to advance
science and train scientists and engineers under the
Suborbital Research Program established under section 802(c)
of the National Aeronautics and Space Administration
Authorization Act of 2010 (42 U.S.C. 18382(c)).
(b) Report.--
(1) In general.--Not later than 270 days after the date of
the enactment of this Act, the Administrator shall submit to
the appropriate committees of Congress a report evaluating
the manner in which suborbital flight platforms can
contribute to meeting the science objectives of NASA for the
Science Mission Directorate and the Human Exploration and
Operations Mission Directorate.
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A) An assessment of the advantages of suborbital flight
platforms to meet science objectives.
(B) An evaluation of the challenges to greater use of
commercial suborbital flight platforms for science purposes.
(C) An analysis of whether commercial suborbital flight
platforms can provide low-cost flight opportunities to test
lunar and Mars science payloads.
SEC. 311. EARTH SCIENCE DATA AND OBSERVATIONS.
(a) In General.--The Administrator shall make available to
the public in an easily accessible electronic database all
data (including metadata, documentation, models, data
processing methods, images, synchronization frames,
communications headers, duplicate data, and research results)
of the missions and programs of the Earth Science Division of
the Administration, or any successor division.
(b) Open Data Program.--In carrying out subsection (a), the
Administrator shall establish and continue to operate an open
data program that--
(1) is consistent with the greatest degree of
interactivity, interoperability, and accessibility; and
(2) enables outside communities, including the research and
applications community, private industry, academia, and the
general public, to effectively collaborate in areas important
to--
(A) studying the Earth system and improving the prediction
of Earth system change; and
(B) improving model development, data assimilation
techniques, systems architecture integration, and
computational efficiencies; and
(3) meets basic end-user requirements for running on public
computers and networks located outside of secure
Administration information and technology systems.
(c) Hosting.--The program under subsection (b) shall use,
as appropriate and cost-effective, innovative strategies and
methods for hosting and management of part or all of the
program, including cloud-based computing capabilities.
SEC. 312. SENSE OF CONGRESS ON SMALL SATELLITE SCIENCE.
It is the sense of Congress that--
(1) small satellites--
(A) are increasingly robust, effective, and affordable
platforms for carrying out space science missions;
(B) can work in tandem with or augment larger NASA
spacecraft to support high-priority science missions of NASA;
and
(C) are cost effective solutions that may allow NASA to
continue collecting legacy observations while developing
next-generation science missions; and
(2) NASA should continue to support small satellite
research, development, technologies, and programs, including
technologies for compact and lightweight instrumentation for
small satellites.
SEC. 313. SENSE OF CONGRESS ON COMMERCIAL SPACE SERVICES.
It is the sense of Congress that--
(1) the Administration should explore partnerships with the
commercial space industry for space science missions in and
beyond Earth orbit, including partnerships relating to
payload and instrument hosting and commercially available
datasets; and
(2) such partnerships could result in increased mission
cadence, technology advancement, and cost savings for the
Administration.
SEC. 314. PROCEDURES FOR IDENTIFYING AND ADDRESSING ALLEGED
VIOLATIONS OF SCIENTIFIC INTEGRITY POLICY.
Not later than October 1, 2020, the Administrator shall
develop and document procedures for identifying and
addressing alleged violations of the scientific integrity
policy of NASA.
TITLE IV--AERONAUTICS
SEC. 401. SHORT TITLE.
This title may be cited as the ``Aeronautics Innovation
Act''.
SEC. 402. DEFINITIONS.
In this title:
(1) Aeronautics strategic implementation plan.--The term
``Aeronautics Strategic Implementation Plan'' means the
Aeronautics Strategic Implementation Plan issued by the
Aeronautics Research Mission Directorate.
(2) Unmanned aircraft; unmanned aircraft system.--The terms
``unmanned aircraft'' and ``unmanned aircraft system'' have
the meanings given those terms in section 44801 of title 49,
United States Code.
(3) X-plane.--The term ``X-plane'' means an experimental
aircraft that is--
(A) used to test and evaluate a new technology or
aerodynamic concept; and
(B) operated by NASA or the Department of Defense.
SEC. 403. EXPERIMENTAL AIRCRAFT PROJECTS.
(a) Sense of Congress.--It is the sense of Congress that--
[[Page S7659]]
(1) developing high-risk, precompetitive aerospace
technologies for which there is not yet a profit rationale is
a fundamental role of NASA;
(2) large-scale piloted flight test experimentation and
validation are necessary for--
(A) transitioning new technologies and materials, including
associated manufacturing processes, for general aviation,
commercial aviation, and military aeronautics use; and
(B) capturing the full extent of benefits from investments
made by the Aeronautics Research Mission Directorate in
priority programs called for in--
(i) the National Aeronautics Research and Development Plan
issued by the National Science and Technology Council in
February 2010;
(ii) the NASA 2014 Strategic Plan;
(iii) the Aeronautics Strategic Implementation Plan; and
(iv) any updates to the programs called for in the plans
described in clauses (i) through (iii);
(3) a level of funding that adequately supports large-scale
piloted flight test experimentation and validation, including
related infrastructure, should be ensured over a sustained
period of time to restore the capacity of NASA--
(A) to see legacy priority programs through to completion;
and
(B) to achieve national economic and security objectives;
and
(4) NASA should not be directly involved in the Type
Certification of aircraft for current and future scheduled
commercial air service under part 121 or 135 of title 14,
Code of Federal Regulations, that would result in reductions
in crew augmentation or single pilot or autonomously operated
aircraft.
(b) Statement of Policy.--It is the policy of the United
States--
(1) to maintain world leadership in--
(A) military and civilian aeronautical science and
technology;
(B) global air power projection; and
(C) industrialization; and
(2) to maintain as a fundamental objective of NASA
aeronautics research the steady progression and expansion of
flight research and capabilities, including the science and
technology of critical underlying disciplines and
competencies, such as--
(A) computational-based analytical and predictive tools and
methodologies;
(B) aerothermodynamics;
(C) propulsion;
(D) advanced materials and manufacturing processes;
(E) high-temperature structures and materials; and
(F) guidance, navigation, and flight controls.
(c) Establishment and Continuation of X-plane Projects.--
(1) In general.--The Administrator shall establish or
continue to implement, in a manner that is consistent with
the roadmap for supersonic aeronautics research and
development required by section 604(b) of the National
Aeronautics and Space Administration Transition Authorization
Act of 2017 (Public Law 115-10; 131 Stat. 55), the following
projects:
(A) A low-boom supersonic aircraft project to demonstrate
supersonic aircraft designs and technologies that--
(i) reduce sonic boom noise; and
(ii) assist the Administrator of the Federal Aviation
Administration in enabling--
(I) the safe commercial deployment of civil supersonic
aircraft technology; and
(II) the safe and efficient operation of civil supersonic
aircraft.
(B) A subsonic flight demonstrator aircraft project to
advance aircraft designs and technologies that enable
significant increases in energy efficiency and reduced life-
cycle emissions in the aviation system while reducing noise
and emissions.
(C) A series of large-scale X-plane demonstrators that
are--
(i) developed sequentially or in parallel; and
(ii) each based on a set of new configuration concepts or
technologies determined by the Administrator to demonstrate--
(I) aircraft and propulsion concepts and technologies and
related advances in alternative propulsion and energy; and
(II) flight propulsion concepts and technologies.
(2) Elements.--For each project under paragraph (1), the
Administrator shall--
(A) include the development of X-planes and all necessary
supporting flight test assets;
(B) pursue a robust technology maturation and flight test
validation effort;
(C) improve necessary facilities, flight testing
capabilities, and computational tools to support the project;
(D) award any primary contracts for design, procurement,
and manufacturing to United States persons, consistent with
international obligations and commitments;
(E) coordinate research and flight test demonstration
activities with other Federal agencies and the United States
aviation community, as the Administrator considers
appropriate; and
(F) ensure that the project is aligned with the Aeronautics
Strategic Implementation Plan and any updates to the
Aeronautics Strategic Implementation Plan.
(3) United states person defined.--In this subsection, the
term ``United States person'' means--
(A) a United States citizen or an alien lawfully admitted
for permanent residence to the United States; or
(B) an entity organized under the laws of the United States
or of any jurisdiction within the United States, including a
foreign branch of such an entity.
(d) Advanced Materials and Manufacturing Technology
Program.--
(1) In general.--The Administrator may establish an
advanced materials and manufacturing technology program--
(A) to develop--
(i) new materials, including composite and high-temperature
materials, from base material formulation through full-scale
structural validation and manufacture;
(ii) advanced materials and manufacturing processes,
including additive manufacturing, to reduce the cost of
manufacturing scale-up and certification for use in general
aviation, commercial aviation, and military aeronautics; and
(iii) noninvasive or nondestructive techniques for testing
or evaluating aviation and aeronautics structures, including
for materials and manufacturing processes;
(B) to reduce the time it takes to design, industrialize,
and certify advanced materials and manufacturing processes;
(C) to provide education and training opportunities for the
aerospace workforce; and
(D) to address global cost and human capital
competitiveness for United States aeronautical industries and
technological leadership in advanced materials and
manufacturing technology.
(2) Elements.--In carrying out a program under paragraph
(1), the Administrator shall--
(A) build on work that was carried out by the Advanced
Composites Project of NASA;
(B) partner with the private and academic sectors, such as
members of the Advanced Composites Consortium of NASA, the
Joint Advanced Materials and Structures Center of Excellence
of the Federal Aviation Administration, the Manufacturing USA
institutes of the Department of Commerce, and national
laboratories, as the Administrator considers appropriate;
(C) provide a structure for managing intellectual property
generated by the program based on or consistent with the
structure established for the Advanced Composites Consortium
of NASA;
(D) ensure adequate Federal cost share for applicable
research; and
(E) coordinate with advanced manufacturing and composites
initiatives in other mission directorates of NASA, as the
Administrator considers appropriate.
(e) Research Partnerships.--In carrying out the projects
under subsection (c) and a program under subsection (d), the
Administrator may engage in cooperative research programs
with--
(1) academia; and
(2) commercial aviation and aerospace manufacturers.
SEC. 404. UNMANNED AIRCRAFT SYSTEMS.
(a) Unmanned Aircraft Systems Operation Program.--The
Administrator shall--
(1) research and test capabilities and concepts, including
unmanned aircraft systems communications, for integrating
unmanned aircraft systems into the national airspace system;
(2) leverage the partnership NASA has with industry focused
on the advancement of technologies for future air traffic
management systems for unmanned aircraft systems; and
(3) continue to align the research and testing portfolio of
NASA to inform the integration of unmanned aircraft systems
into the national airspace system, consistent with public
safety and national security objectives.
(b) Sense of Congress on Coordination With Federal Aviation
Administration.--It is the sense of Congress that--
(1) NASA should continue--
(A) to coordinate with the Federal Aviation Administration
on research on air traffic management systems for unmanned
aircraft systems; and
(B) to assist the Federal Aviation Administration in the
integration of air traffic management systems for unmanned
aircraft systems into the national airspace system; and
(2) the test ranges (as defined in section 44801 of title
49, United States Code) should continue to be leveraged for
research on--
(A) air traffic management systems for unmanned aircraft
systems; and
(B) the integration of such systems into the national
airspace system.
SEC. 405. 21ST CENTURY AERONAUTICS CAPABILITIES INITIATIVE.
(a) In General.--The Administrator may establish an
initiative, to be known as the ``21st Century Aeronautics
Capabilities Initiative'', within the Construction and
Environmental Compliance and Restoration Account, to ensure
that NASA possesses the infrastructure and capabilities
necessary to conduct proposed flight demonstration projects
across the range of NASA aeronautics interests.
(b) Activities.--In carrying out the 21st Century
Aeronautics Capabilities Initiative, the Administrator may
carry out the following activities:
(1) Any investments the Administrator considers necessary
to upgrade and create facilities for civil and national
security aeronautics research to support advancements in--
(A) long-term foundational science and technology;
(B) advanced aircraft systems;
(C) air traffic management systems;
(D) fuel efficiency;
(E) electric propulsion technologies;
(F) system-wide safety assurance;
(G) autonomous aviation; and
(H) supersonic and hypersonic aircraft design and
development.
(2) Any measures the Administrator considers necessary to
support flight testing activities, including--
(A) continuous refinement and development of free-flight
test techniques and methodologies;
(B) upgrades and improvements to real-time tracking and
data acquisition; and
(C) such other measures relating to aeronautics research
support and modernization as the Administrator considers
appropriate to carry out the scientific study of the problems
of flight, with a view to practical solutions for such
problems.
[[Page S7660]]
SEC. 406. SENSE OF CONGRESS ON ON-DEMAND AIR TRANSPORTATION.
It is the sense of Congress that--
(1) greater use of high-speed air transportation, small
airports, helipads, vertical flight infrastructure, and other
aviation-related infrastructure can alleviate surface
transportation congestion and support economic growth within
cities;
(2) with respect to urban air mobility and related
concepts, NASA should continue--
(A) to conduct research focused on concepts, technologies,
and design tools; and
(B) to support the evaluation of advanced technologies and
operational concepts that can be leveraged by--
(i) industry to develop future vehicles and systems; and
(ii) the Federal Aviation Administration to support vehicle
safety and operational certification; and
(3) NASA should leverage ongoing efforts to develop
advanced technologies to actively support the research needed
for on-demand air transportation.
SEC. 407. SENSE OF CONGRESS ON HYPERSONIC TECHNOLOGY
RESEARCH.
It is the sense of Congress that--
(1) hypersonic technology is critical to the development of
advanced high-speed aerospace vehicles for both civilian and
national security purposes;
(2) for hypersonic vehicles to be realized, research is
needed to overcome technical challenges, including in
propulsion, advanced materials, and flight performance in a
severe environment;
(3) NASA plays a critical role in supporting fundamental
hypersonic research focused on system design, analysis and
validation, and propulsion technologies;
(4) NASA research efforts in hypersonic technology should
complement research supported by the Department of Defense to
the maximum extent practicable, since contributions from both
agencies working in partnership with universities and
industry are necessary to overcome key technical challenges;
(5) previous coordinated research programs between NASA and
the Department of Defense enabled important progress on
hypersonic technology;
(6) the commercial sector could provide flight platforms
and other capabilities that are able to host and support NASA
hypersonic technology research projects; and
(7) in carrying out hypersonic technology research
projects, the Administrator should--
(A) focus research and development efforts on high-speed
propulsion systems, reusable vehicle technologies, high-
temperature materials, and systems analysis;
(B) coordinate with the Department of Defense to prevent
duplication of efforts and of investments;
(C) include partnerships with universities and industry to
accomplish research goals; and
(D) maximize public-private use of commercially available
platforms for hosting research and development flight
projects.
TITLE V--SPACE TECHNOLOGY
SEC. 501. SPACE TECHNOLOGY MISSION DIRECTORATE.
(a) Sense of Congress.--It is the sense of Congress that an
independent Space Technology Mission Directorate is critical
to ensuring continued investments in the development of
technologies for missions across the portfolio of NASA,
including science, aeronautics, and human exploration.
(b) Space Technology Mission Directorate.--The
Administrator shall maintain a Space Technology Mission
Directorate consistent with section 702 of the National
Aeronautics and Space Administration Transition Authorization
Act of 2017 (51 U.S.C. 20301 note).
SEC. 502. FLIGHT OPPORTUNITIES PROGRAM.
(a) Sense of Congress.--It is the sense of Congress that
the Administrator should provide flight opportunities for
payloads to microgravity environments and suborbital
altitudes as required by section 907(c) of the National
Aeronautics and Space Administration Authorization Act of
2010 (42 U.S.C. 18405(c)), as amended by subsection (b).
(b) Establishment.--Section 907(c) of the National
Aeronautics and Space Administration Authorization Act of
2010 (42 U.S.C. 18405(c)) is amended to read as follows:
``(c) Establishment.--
``(1) In general.--The Administrator shall establish a
Commercial Reusable Suborbital Research Program within the
Space Technology Mission Directorate to fund--
``(A) the development of payloads for scientific research,
technology development, and education;
``(B) flight opportunities for those payloads to
microgravity environments and suborbital altitudes; and
``(C) transition of those payloads to orbital
opportunities.
``(2) Commercial reusable vehicle flights.--In carrying out
the Commercial Reusable Suborbital Research Program, the
Administrator may fund engineering and integration
demonstrations, proofs of concept, and educational
experiments for flights of commercial reusable vehicles.
``(3) Commercial suborbital launch vehicles.--In carrying
out the Commercial Reusable Suborbital Research Program, the
Administrator may not fund the development of commercial
suborbital launch vehicles.
``(4) Working with mission directorates.--In carrying out
the Commercial Reusable Suborbital Research Program, the
Administrator shall work with the mission directorates of
NASA to achieve the research, technology, and education goals
of NASA.''.
(c) Conforming Amendment.--Section 907(b) of the National
Aeronautics and Space Administration Authorization Act of
2010 (42 U.S.C. 18405(b)) is amended, in the first sentence,
by striking ``Commercial Reusable Suborbital Research Program
in'' and inserting ``Commercial Reusable Suborbital Research
Program established under subsection (c)(1) within''.
SEC. 503. SMALL SPACECRAFT TECHNOLOGY PROGRAM.
(a) Sense of Congress.--It is the sense of Congress that
the Small Spacecraft Technology Program is important for
conducting science and technology validation for--
(1) short- and long-duration missions in low-Earth orbit;
(2) deep space missions; and
(3) deorbiting capabilities designed specifically for
smaller spacecraft.
(b) Accommodation of Certain Payloads.--In carrying out the
Small Spacecraft Technology Program, the Administrator shall,
as the mission risk posture and technology development
objectives allow, accommodate science payloads that further
the goal of long-term human exploration to the Moon and Mars.
SEC. 504. NUCLEAR PROPULSION TECHNOLOGY.
(a) Sense of Congress.--It is the sense of Congress that
nuclear propulsion is critical to the development of advanced
spacecraft for civilian and national defense purposes.
(b) Development; Studies.--The Administrator shall, in
coordination with the Secretary of Energy and the Secretary
of Defense--
(1) continue to develop the fuel element design for NASA
nuclear propulsion technology;
(2) finalize the systems feasibility studies for such
technology; and
(3) partner with members of commercial industry to conduct
mission concept studies on such technology.
(c) Nuclear Propulsion Technology Demonstration.--
(1) Determination; report.--Not later than December 31,
2021, the Administrator shall--
(A) determine the correct approach for conducting a flight
demonstration of nuclear propulsion technology; and
(B) submit to Congress a report on a plan for such a
demonstration.
(2) Demonstration.--Not later than December 31, 2024, the
Administrator shall conduct the flight demonstration
described in paragraph (1).
SEC. 505. MARS-FORWARD TECHNOLOGIES.
(a) Sense of Congress.--It is the sense of Congress that
the Administrator should pursue multiple technical paths for
entry, descent, and landing for Mars, including competitively
selected technology demonstration missions.
(b) Prioritization of Long-lead Technologies and Systems.--
The Administrator shall prioritize, within the Space
Technology Mission Directorate, research, testing, and
development of long-lead technologies and systems for Mars,
including technologies and systems relating to--
(1) entry, descent, and landing; and
(2) in-space propulsion, including nuclear propulsion,
cryogenic fluid management, in-situ large-scale additive
manufacturing, and electric propulsion (including solar
electric propulsion leveraging lessons learned from the power
and propulsion element of the lunar outpost) options.
SEC. 506. PRIORITIZATION OF LOW-ENRICHED URANIUM TECHNOLOGY.
(a) Sense of Congress.--It is the sense of Congress that--
(1) space technology, including nuclear propulsion
technology and space surface power reactors, should be
developed in a manner consistent with broader United States
foreign policy, national defense, and space exploration and
commercialization priorities;
(2) highly enriched uranium presents security and nuclear
nonproliferation concerns;
(3) since 1977, based on the concerns associated with
highly enriched uranium, the United States has promoted the
use of low-enriched uranium over highly enriched uranium in
nonmilitary contexts, including research and commercial
applications;
(4) as part of United States efforts to limit international
use of highly enriched uranium, the United States has
actively pursued--
(A) since 1978, the conversion of domestic and foreign
research reactors that use highly enriched uranium fuel to
low-enriched uranium fuel and the avoidance of any new
research reactors that use highly enriched uranium fuel; and
(B) since 1994, the elimination of international commerce
in highly enriched uranium for civilian purposes; and
(5) the use of low-enriched uranium in place of highly
enriched uranium has security, nonproliferation, and economic
benefits, including for the national space program.
(b) Prioritization of Low-enriched Uranium Technology.--The
Administrator shall establish and prioritize, within the
Space Technology Mission Directorate, a program for the
research, testing, and development of a space surface power
reactor design that uses low-enriched uranium fuel.
(c) Report on Nuclear Technology Prioritization.--Not later
than 120 days after the date of the enactment of this Act,
the Administrator shall submit to the appropriate committees
of Congress a report that--
(1) details the actions taken to implement subsection (b);
and
(2) identifies a plan and timeline under which such
subsection will be implemented.
(d) Definitions.--In this section:
(1) Highly enriched uranium.--The term ``highly enriched
uranium'' means uranium having an assay of 20 percent or
greater of the uranium-235 isotope.
(2) Low-enriched uranium.--The term ``low-enriched
uranium'' means uranium having an assay greater than the
assay for natural uranium but less than 20 percent of the
uranium-235 isotope.
SEC. 507. SENSE OF CONGRESS ON NEXT-GENERATION COMMUNICATIONS
TECHNOLOGY.
It is the sense of Congress that--
[[Page S7661]]
(1) optical communications technologies--
(A) will be critical to the development of next-generation
space-based communications networks;
(B) have the potential to allow NASA to expand the volume
of data transmissions in low-Earth orbit and deep space; and
(C) may provide more secure and cost-effective solutions
than current radio frequency communications systems;
(2) quantum encryption technology has promising
implications for the security of the satellite and
terrestrial communications networks of the United States,
including optical communications networks, and further
research and development by NASA with respect to quantum
encryption is essential to maintaining the security of the
United States and United States leadership in space; and
(3) in order to provide NASA with more secure and reliable
space-based communications, the Space Communications and
Navigation program office of NASA should continue--
(A) to support research on and development of optical
communications; and
(B) to develop quantum encryption capabilities, especially
as those capabilities apply to optical communications
networks.
TITLE VI--STEM ENGAGEMENT
SEC. 601. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) NASA serves as a source of inspiration to the people of
the United States; and
(2) NASA is uniquely positioned to help increase student
interest in science, technology, engineering, and math;
(3) engaging students, and providing hands-on experience at
an early age, in science, technology, engineering, and math
are important aspects of ensuring and promoting United States
leadership in innovation; and
(4) NASA should strive to leverage its unique position--
(A) to increase kindergarten through grade 12 involvement
in NASA projects;
(B) to enhance higher education in STEM fields in the
United States;
(C) to support individuals who are underrepresented in
science, technology, engineering, and math fields, such as
women, minorities, and individuals in rural areas; and
(D) to provide flight opportunities for student experiments
and investigations.
SEC. 602. STEM EDUCATION ENGAGEMENT ACTIVITIES.
(a) In General.--The Administrator shall continue to
provide opportunities for formal and informal STEM education
engagement activities within the Office of NASA STEM
Engagement and other NASA directorates, including--
(1) the Established Program to Stimulate Competitive
Research;
(2) the Minority University Research and Education Project;
and
(3) the National Space Grant College and Fellowship
Program.
(b) Leveraging NASA National Programs to Promote STEM
Education.--The Administrator, in partnership with museums,
nonprofit organizations, and commercial entities, shall, to
the maximum extent practicable, leverage human spaceflight
missions, Deep Space Exploration Systems (including the Space
Launch System, Orion, and Exploration Ground Systems), and
NASA science programs to engage students at the kindergarten
through grade 12 and higher education levels to pursue
learning and career opportunities in STEM fields.
(c) Briefing.--Not later than 1 year after the date of the
enactment of this Act, the Administrator shall brief the
appropriate committees of Congress on--
(1) the status of the programs described in subsection (a);
and
(2) the manner by which each NASA STEM education engagement
activity is organized and funded.
(d) STEM Education Defined.--In this section, the term
``STEM education'' has the meaning given the term in section
2 of the STEM Education Act of 2015 (Public Law 114-59; 42
U.S.C. 6621 note).
SEC. 603. SKILLED TECHNICAL EDUCATION OUTREACH PROGRAM.
(a) Establishment.--The Administrator shall establish a
program to conduct outreach to secondary school students--
(1) to expose students to careers that require career and
technical education; and
(2) to encourage students to pursue careers that require
career and technical education.
(b) Outreach Plan.--Not later than 180 days after the date
of the enactment of this Act, the Administrator shall submit
to the appropriate committees of Congress a report on the
outreach program under subsection (a) that includes--
(1) an implementation plan;
(2) a description of the resources needed to carry out the
program; and
(3) any recommendations on expanding outreach to secondary
school students interested in skilled technical occupations.
(c) Systems Observation.--
(1) In general.--The Administrator shall develop a program
and associated policies to allow students from accredited
educational institutions to view the manufacturing, assembly,
and testing of NASA-funded space and aeronautical systems, as
the Administrator considers appropriate.
(2) Considerations.--In developing the program and policies
under paragraph (1), the Administrator shall take into
consideration factors such as workplace safety, mission
needs, and the protection of sensitive and proprietary
technologies.
SEC. 604. NATIONAL SPACE GRANT COLLEGE AND FELLOWSHIP
PROGRAM.
(a) Purposes.--Section 40301 of title 51, United States
Code, is amended--
(1) in paragraph (3)--
(A) in subparagraph (B), by striking ``and'' at the end;
(B) in subparagraph (C), by adding ``and'' after the
semicolon at the end; and
(C) by adding at the end the following:
``(D) promote equally the State and regional STEM interests
of each space grant consortium;''; and
(2) in paragraph (4), by striking ``made up of university
and industry members, in order to advance'' and inserting
``comprised of members of universities in each State and
other entities, such as 2-year colleges, industries, science
learning centers, museums, and government entities, to
advance''.
(b) Definitions.--Section 40302 of title 51, United States
Code, is amended--
(1) by striking paragraph (3);
(2) by inserting after paragraph (2) the following:
``(3) Lead institution.--The term `lead institution' means
an entity in a State that--
``(A) was designated by the Administrator under section
40306, as in effect on the day before the date of the
enactment of the National Aeronautics and Space
Administration Authorization Act of 2019; or
``(B) is designated by the Administrator under section
40303(d)(3).'';
(3) in paragraph (4), by striking ``space grant college,
space grant regional consortium, institution of higher
education,'' and inserting ``lead institution, space grant
consortium,'';
(4) by striking paragraphs (6), (7), and (8);
(5) by inserting after paragraph (5) the following:
``(6) Space grant consortium.--The term `space grant
consortium' means a State-wide group, led by a lead
institution, that has established partnerships with other
academic institutions, industries, science learning centers,
museums, and government entities to promote a strong
educational base in the space and aeronautical sciences.'';
(6) by redesignating paragraph (9) as paragraph (7);
(7) in paragraph (7)(B), as so redesignated, by inserting
``and aeronautics'' after ``space'';
(8) by striking paragraph (10); and
(9) by adding at the end the following:
``(8) STEM.--The term `STEM' means science, technology,
engineering, and mathematics.''.
(c) Program Objective.--Section 40303 of title 51, United
States Code, is amended--
(1) by striking subsections (d) and (e);
(2) by redesignating subsection (c) as subsection (e); and
(3) by striking subsection (b) and inserting the following:
``(b) Program Objective.--
``(1) In general.--The Administrator shall carry out the
national space grant college and fellowship program with the
objective of providing hands-on research, training, and
education programs with measurable outcomes in each State,
including programs to provide--
``(A) internships, fellowships, and scholarships;
``(B) interdisciplinary hands-on mission programs and
design projects;
``(C) student internships with industry or university
researchers or at centers of the Administration;
``(D) faculty and curriculum development initiatives;
``(E) university-based research initiatives relating to the
Administration and the STEM workforce needs of each State; or
``(F) STEM engagement programs for kindergarten through
grade 12 teachers and students.
``(2) Program priorities.--In carrying out the objective
described in paragraph (1), the Administrator shall ensure
that each program carried out by a space grant consortium
under the national space grant college and fellowship program
balances the following priorities:
``(A) The space and aeronautics research needs of the
Administration, including the mission directorates.
``(B) The need to develop a national STEM workforce.
``(C) The STEM workforce needs of the State.
``(c) Program Administered Through Space Grant Consortia.--
The Administrator shall carry out the national space grant
college and fellowship program through the space grant
consortia.
``(d) Suspension; Termination; New Competition.--
``(1) Suspension.--The Administrator may, for cause and
after an opportunity for hearing, suspend a lead institution
that was designated by the Administrator under section 40306,
as in effect on the day before the date of the enactment of
the National Aeronautics and Space Administration
Authorization Act of 2019.
``(2) Termination.--If the issue resulting in a suspension
under paragraph (1) is not resolved within a period
determined by the Administrator, the Administrator may
terminate the designation of the entity as a lead
institution.
``(3) New competition.--If the Administrator terminates the
designation of an entity as a lead institution, the
Administrator may initiate a new competition in the
applicable State for the designation of a lead
institution.''.
(d) Grants.--Section 40304 of title 51, United States Code,
is amended to read as follows:
``Sec. 40304. Grants
``(a) Eligible Space Grant Consortium Defined.--In this
section, the term `eligible space grant consortium' means a
space grant consortium that the Administrator has
determined--
``(1) has the capability and objective to carry out not
fewer than 3 of the 6 programs under section 40303(b)(1);
``(2) will carry out programs that balance the priorities
described in section 40303(b)(2); and
``(3) is engaged in research, training, and education
relating to space and aeronautics.
``(b) Grants.--
[[Page S7662]]
``(1) In general.--The Administrator shall award grants to
the lead institutions of eligible space grant consortia to
carry out the programs under section 40303(b)(1).
``(2) Request for proposals.--
``(A) In general.--Not later than 180 days after the date
of the enactment of the National Aeronautics and Space
Administration Authorization Act of 2019, the Administrator
shall issue a request for proposals from space grant
consortia for the award of grants under this section.
``(B) Applications.--A lead institution of a space grant
consortium that seeks a grant under this section shall
submit, on behalf of such space grant consortium, an
application to the Administrator at such time, in such
manner, and accompanied by such information as the
Administrator may require.
``(3) Grant awards.--The Administrator shall award 1 or
more 5-year grants, disbursed in annual installments, to the
lead institution of the eligible space grant consortium of--
``(A) each State;
``(B) the District of Columbia; and
``(C) the Commonwealth of Puerto Rico.
``(4) Use of funds.--A grant awarded under this section
shall be used by an eligible space grant consortium to carry
out not fewer than 3 of the 6 programs under section
40303(b)(1).
``(c) Allocation of Funding.--
``(1) Program implementation.--
``(A) In general.--To carry out the objective described in
section 40303(b)(1), of the funds made available each fiscal
year for the national space grant college and fellowship
program, the Administrator shall allocate not less than 85
percent as follows:
``(i) The 52 eligible space grant consortia shall each
receive an equal share.
``(ii) The territories of Guam and the United States Virgin
Islands shall each receive funds equal to approximately \1/5\
of the share for each eligible space grant consortia.
``(B) Matching requirement.--Each eligible space grant
consortium shall match the funds allocated under subparagraph
(A)(i) on a basis of not less than 1 non-Federal dollar for
every 1 Federal dollar, except that any program funded under
paragraph (3) or any program to carry out 1 or more
internships or fellowships shall not be subject to that
matching requirement.
``(2) Program administration.--
``(A) In general.--Of the funds made available each fiscal
year for the national space grant college and fellowship
program, the Administrator shall allocate not more than 10
percent for the administration of the program.
``(B) Costs covered.--The funds allocated under
subparagraph (A) shall cover all costs of the Administration
associated with the administration of the national space
grant college and fellowship program, including--
``(i) direct costs of the program, including costs relating
to support services and civil service salaries and benefits;
``(ii) indirect general and administrative costs of centers
and facilities of the Administration; and
``(iii) indirect general and administrative costs of the
Administration headquarters.
``(3) Special programs.--Of the funds made available each
fiscal year for the national space grant college and
fellowship program, the Administrator shall allocate not more
than 5 percent to the lead institutions of space grant
consortia established as of the date of the enactment of the
National Aeronautics and Space Administration Authorization
Act of 2019 for grants to carry out innovative approaches and
programs to further science and education relating to the
missions of the Administration and STEM disciplines.
``(d) Terms and Conditions.--
``(1) Limitations.--Amounts made available through a grant
under this section may not be applied to--
``(A) the purchase of land;
``(B) the purchase, construction, preservation, or repair
of a building; or
``(C) the purchase or construction of a launch facility or
launch vehicle.
``(2) Leases.--Notwithstanding paragraph (1), land,
buildings, launch facilities, and launch vehicles may be
leased under a grant on written approval by the
Administrator.
``(3) Records.--
``(A) In general.--Any person that receives or uses the
proceeds of a grant under this section shall keep such
records as the Administrator shall by regulation prescribe as
being necessary and appropriate to facilitate effective audit
and evaluation, including records that fully disclose the
amount and disposition by a recipient of such proceeds, the
total cost of the program or project in connection with which
such proceeds were used, and the amount, if any, of such cost
that was provided through other sources.
``(B) Maintenance of records.--Records under subparagraph
(A) shall be maintained for not less than 3 years after the
date of completion of such a program or project.
``(C) Access.--For the purpose of audit and evaluation, the
Administrator and the Comptroller General of the United
States shall have access to any books, documents, papers, and
records of receipts relating to a grant under this section,
as determined by the Administrator or Comptroller General.''.
(e) Program Streamlining.--Title 51, United States Code, is
amended--
(1) by striking sections 40305 through 40308, 40310, and
40311; and
(2) by redesignating section 40309 as section 40305.
(f) Conforming Amendment.--The table of sections at the
beginning of chapter 403 of title 51, United States Code, is
amended by striking the items relating to sections 40304
through 40311 and inserting the following:
``40304. Grants.
``40305. Availability of other Federal personnel and data.''.
TITLE VII--WORKFORCE AND INDUSTRIAL BASE
SEC. 701. APPOINTMENT AND COMPENSATION PILOT PROGRAM.
(a) Definition of Covered Provisions.--In this section, the
term ``covered provisions'' means the provisions of title 5,
United States Code, other than--
(1) section 2301 of that title;
(2) section 2302 of that title;
(3) chapter 71 of that title;
(4) section 7204 of that title; and
(5) chapter 73 of that title.
(b) Establishment.--There is established a 3-year pilot
program under which, notwithstanding section 20113 of title
51, United States Code, the Administrator may, with respect
to not more than 5,000 designated personnel--
(1) appoint and manage such designated personnel of the
Administration, without regard to the covered provisions; and
(2) fix the compensation of such designated personnel of
the Administration, without regard to chapter 51 and
subchapter III of chapter 53 of title 5, United States Code,
at a rate that does not exceed the per annum rate of salary
of the Vice President of the United States under section 104
of title 3, United States Code.
(c) Administrator Responsibilities.--In carrying out the
pilot program established under subsection (b), the
Administrator shall ensure that the pilot program--
(1) uses--
(A) state-of-the-art recruitment techniques;
(B) simplified classification methods with respect to
personnel of the Administration; and
(C) broad banding; and
(2) offers--
(A) competitive compensation; and
(B) the opportunity for career mobility.
SEC. 702. ESTABLISHMENT OF MULTI-INSTITUTION CONSORTIA AND
UNIVERSITY-AFFILIATED RESEARCH CENTERS.
(a) In General.--The Administrator, pursuant to section
2304(c)(3)(B) of title 10, United States Code, may--
(1) establish one or more multi-institution consortia or
university-affiliated research centers to facilitate access
to essential engineering, research, and development
capabilities in support of NASA missions;
(2) use such a consortium or research center to fund
technical analyses and other engineering support to address
the acquisition, technical, and operational needs of NASA
centers; and
(3) ensure such a consortium or research center--
(A) is held accountable for the technical quality of the
work product developed under this section; and
(B) convenes disparate groups to facilitate public-private
partnerships.
(b) Policies and Procedures.--The Administrator shall
develop and implement policies and procedures to govern, with
respect to the establishment of a consortium or research
center under subsection (a)--
(1) the selection of participants;
(2) the award of cooperative agreements or other contracts;
(3) the appropriate use of competitive awards and sole
source awards; and
(4) technical capabilities required.
(c) Eligibility.--The following entities shall be eligible
to participate in a consortium or research center established
under subsection (a):
(1) An institution of higher education (as defined in
section 102 of the Higher Education Act of 1965 (20 U.S.C.
1002)).
(2) An operator of a federally funded research and
development center.
(3) A nonprofit or not-for-profit research institution.
(4) A consortium composed of--
(A) an entity described in paragraph (1), (2), or (3); and
(B) one or more for-profit entities.
SEC. 703. EXPEDITED ACCESS TO TECHNICAL TALENT AND EXPERTISE.
(a) In General.--The Administrator may--
(1) establish one or more multi-institution task order
contracts, consortia, cooperative agreements, or other
arrangements to facilitate expedited access to eligible
entities in support of NASA missions; and
(2) use such a multi-institution task order contract,
consortium, cooperative agreement, or other arrangement to
fund technical analyses and other engineering support to
address the acquisition, technical, and operational needs of
NASA centers.
(b) Consultation With Other NASA-affiliated Entities.--To
ensure access to technical expertise and reduce costs and
duplicative efforts, a multi-institution task order contract,
consortium, cooperative agreement, or any other arrangement
established under subsection (a)(1) shall, to the maximum
extent practicable, be carried out in consultation with other
NASA-affiliated entities, including federally funded research
and development centers, university-affiliated research
centers, and NASA laboratories and test centers.
(c) Policies and Procedures.--The Administrator shall
develop and implement policies and procedures to govern, with
respect to the establishment of a multi-institution task
order contract, consortium, cooperative agreement, or any
other arrangement under subsection (a)(1)--
(1) the selection of participants;
(2) the award of task orders;
(3) the maximum award size for a task;
(4) the appropriate use of competitive awards and sole
source awards; and
(5) technical capabilities required.
(d) Eligible Entity Defined.--In this section, the term
``eligible entity'' means--
(1) an institution of higher education (as defined in
section 102 of the Higher Education Act of 1965 (20 U.S.C.
1002));
[[Page S7663]]
(2) an operator of a federally funded research and
development center;
(3) a nonprofit or not-for-profit research institution; and
(4) a consortium composed of--
(A) an entity described in paragraph (1), (2), or (3); and
(B) one or more for-profit entities.
SEC. 704. REPORT ON INDUSTRIAL BASE FOR CIVIL SPACE MISSIONS
AND OPERATIONS.
(a) In General.--Not later than 1 year after the date of
the enactment of this Act, and from time to time thereafter,
the Administrator shall submit to the appropriate committees
of Congress a report on the United States industrial base for
NASA civil space missions and operations.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) A comprehensive description of the current status of
the United States industrial base for NASA civil space
missions and operations.
(2) A description and assessment of the weaknesses in the
supply chain, skills, manufacturing capacity, raw materials,
key components, and other areas of the United States
industrial base for NASA civil space missions and operations
that could adversely impact such missions and operations if
unavailable.
(3) A description and assessment of various mechanisms to
address and mitigate the weaknesses described pursuant to
paragraph (2).
(4) A comprehensive list of the collaborative efforts,
including future and proposed collaborative efforts, between
NASA and the Manufacturing USA institutes of the Department
of Commerce.
(5) An assessment of--
(A) the defense and aerospace manufacturing supply chains
relevant to NASA in each region of the United States; and
(B) the feasibility and benefits of establishing a supply
chain center of excellence in a State in which NASA does not,
as of the date of the enactment of this Act, have a research
center or test facility.
(6) Such other matters relating to the United States
industrial base for NASA civil space missions and operations
as the Administrator considers appropriate.
SEC. 705. SEPARATIONS AND RETIREMENT INCENTIVES.
Section 20113 of title 51, United States Code, is amended
by adding at the end the following:
``(o) Provisions Related to Separation and Retirement
Incentives.--
``(1) Definition.--In this subsection, the term
`employee'--
``(A) means an employee of the Administration serving under
an appointment without time limitation; and
``(B) does not include--
``(i) a reemployed annuitant under subchapter III of
chapter 83 or chapter 84 of title 5 or any other retirement
system for employees of the Federal Government;
``(ii) an employee having a disability on the basis of
which such employee is or would be eligible for disability
retirement under any of the retirement systems referred to in
clause (i); or
``(iii) for purposes of eligibility for separation
incentives under this subsection, an employee who is in
receipt of a decision notice of involuntary separation for
misconduct or unacceptable performance.
``(2) Authority.--The Administrator may establish a program
under which employees may be eligible for early retirement,
offered separation incentive pay to separate from service
voluntarily, or both. This authority may be used to reduce
the number of personnel employed or to restructure the
workforce to meet mission objectives without reducing the
overall number of personnel. This authority is in addition
to, and notwithstanding, any other authorities established by
law or regulation for such programs.
``(3) Early retirement.--An employee who is at least 50
years of age and has completed 20 years of service, or has at
least 25 years of service, may, pursuant to regulations
promulgated under this subsection, apply and be retired from
the Administration and receive benefits in accordance with
subchapter III of chapter 83 or 84 of title 5 if the employee
has been employed continuously within the Administration for
more than 30 days before the date on which the determination
to conduct a reduction or restructuring within 1 or more
Administration centers is approved.
``(4) Separation pay.--
``(A) In general.--Separation pay shall be paid in a lump
sum or in installments and shall be equal to the lesser of--
``(i) an amount equal to the amount the employee would be
entitled to receive under section 5595(c) of title 5, if the
employee were entitled to payment under such section; or
``(ii) $40,000.
``(B) Limitations.--Separation pay shall not be a basis for
payment, and shall not be included in the computation, of any
other type of Government benefit. Separation pay shall not be
taken into account for the purpose of determining the amount
of any severance pay to which an individual may be entitled
under section 5595 of title 5, based on any other separation.
``(C) Installments.--Separation pay, if paid in
installments, shall cease to be paid upon the recipient's
acceptance of employment by the Federal Government, or
commencement of work under a personal services contract as
described in paragraph (5).
``(5) Limitations on reemployment.--
``(A) An employee who receives separation pay under such
program may not be reemployed by the Administration for a 12-
month period beginning on the effective date of the
employee's separation, unless this prohibition is waived by
the Administrator on a case-by-case basis.
``(B) An employee who receives separation pay under this
section on the basis of a separation and accepts employment
with the Government of the United States, or who commences
work through a personal services contract with the United
States within 5 years after the date of the separation on
which payment of the separation pay is based, shall be
required to repay the entire amount of the separation pay to
the Administration. If the employment is with an Executive
agency (as defined by section 105 of title 5) other than the
Administration, the Administrator may, at the request of the
head of that agency, waive the repayment if the individual
involved possesses unique abilities and is the only qualified
applicant available for the position. If the employment is
within the Administration, the Administrator may waive the
repayment if the individual involved is the only qualified
applicant available for the position. If the employment is
with an entity in the legislative branch, the head of the
entity or the appointing official may waive the repayment if
the individual involved possesses unique abilities and is the
only qualified applicant available for the position. If the
employment is with the judicial branch, the Director of the
Administrative Office of the United States Courts may waive
the repayment if the individual involved possesses unique
abilities and is the only qualified applicant available for
the position.
``(6) Regulations.--Under the program established under
paragraph (2), early retirement and separation pay may be
offered only pursuant to regulations established by the
Administrator, subject to such limitations or conditions as
the Administrator may require.
``(7) Use of existing funds.--The Administrator shall carry
out this subsection using amounts otherwise made available to
the Administrator and no additional funds are authorized to
be appropriated to carry out this subsection.''.
SEC. 706. CONFIDENTIALITY OF MEDICAL QUALITY ASSURANCE
RECORDS.
(a) In General.--Chapter 313 of title 51, United States
Code, is amended by adding at the end the following:
``Sec. 31303. Confidentiality of medical quality assurance
records
``(a) In General.--Except as provided in subsection
(b)(1)--
``(1) a medical quality assurance record, or any part of a
medical quality assurance record, may not be subject to
discovery or admitted into evidence in a judicial or
administrative proceeding; and
``(2) an individual who reviews or creates a medical
quality assurance record for the Administration, or
participates in any proceeding that reviews or creates a
medical quality assurance record, may not testify in a
judicial or administrative proceeding with respect to--
``(A) the medical quality assurance record; or
``(B) any finding, recommendation, evaluation, opinion, or
action taken by such individual or in accordance with such
proceeding with respect to the medical quality assurance
record.
``(b) Disclosure of Records.--
``(1) In general.--Notwithstanding subsection (a), a
medical quality assurance record may be disclosed to--
``(A) a Federal agency or private entity, if the medical
quality assurance record is necessary for the Federal agency
or private entity to carry out--
``(i) licensing or accreditation functions relating to
Administration healthcare facilities; or
``(ii) monitoring of Administration healthcare facilities
required by law;
``(B) a Federal agency or healthcare provider, if the
medical quality assurance record is required by the Federal
agency or healthcare provider to enable Administration
participation in a healthcare program of the Federal agency
or healthcare provider;
``(C) a criminal or civil law enforcement agency, or an
instrumentality authorized by law to protect the public
health or safety, on written request by a qualified
representative of such agency or instrumentality submitted to
the Administrator that includes a description of the lawful
purpose for which the medical quality assurance record is
requested;
``(D) an officer, an employee, or a contractor of the
Administration who requires the medical quality assurance
record to carry out an official duty associated with
healthcare;
``(E) healthcare personnel, to the extent necessary to
address a medical emergency affecting the health or safety of
an individual; and
``(F) any committee, panel, or board convened by the
Administration to review the healthcare-related policies and
practices of the Administration.
``(2) Subsequent disclosure prohibited.--An individual or
entity to whom a medical quality assurance record has been
disclosed under paragraph (1) may not make a subsequent
disclosure of the medical quality assurance record.
``(c) Personally Identifiable Information.--
``(1) In general.--Except as provided in paragraph (2), the
personally identifiable information contained in a medical
quality assurance record of a patient or an employee of the
Administration, or any other individual associated with the
Administration for purposes of a medical quality assurance
program, shall be removed before the disclosure of the
medical quality assurance record to an entity other than the
Administration.
``(2) Exception.-- Personally identifiable information
described in paragraph (1) may be released to an entity other
than the Administration if the Administrator makes a
determination that the release of such personally
identifiable information--
``(A) is in the best interests of the Administration; and
[[Page S7664]]
``(B) does not constitute an unwarranted invasion of
personal privacy.
``(d) Exclusion From FOIA.--A medical quality assurance
record may not be made available to any person under section
552 of title 5, United States Code (commonly referred to as
the `Freedom of Information Act'), and this section shall be
considered a statute described in subsection (b)(3)(B) of
such section 522.
``(e) Regulations.--Not later than one year after the date
of the enactment of this section, the Administrator shall
promulgate regulations to implement this section.
``(f) Rules of Construction.--Nothing in this section shall
be construed--
``(1) to withhold a medical quality assurance record from a
committee of the Senate or House of Representatives or a
joint committee of Congress if the medical quality assurance
record relates to a matter within the jurisdiction of such
committee or joint committee; or
``(2) to limit the use of a medical quality assurance
record within the Administration, including the use by a
contractor or consultant of the Administration.
``(g) Definitions.--In this section:
``(1) Medical quality assurance record.--The term `medical
quality assurance record' means any proceeding, discussion,
record, finding, recommendation, evaluation, opinion,
minutes, report, or other document or action that results
from a quality assurance committee, quality assurance
program, or quality assurance program activity.
``(2) Quality assurance program.--
``(A) In general.--The term `quality assurance program'
means a comprehensive program of the Administration--
``(i) to systematically review and improve the quality of
medical and behavioral health services provided by the
Administration to ensure the safety and security of
individuals receiving such health services; and
``(ii) to evaluate and improve the efficiency,
effectiveness, and use of staff and resources in the delivery
of such health services.
``(B) Inclusion.--The term `quality assurance program'
includes any activity carried out by or for the
Administration to assess the quality of medical care provided
by the Administration.''.
(b) Technical and Conforming Amendment.--The table of
sections for chapter 313 of title 51, United States Code, is
amended by adding at the end the following:
``31303. Confidentiality of medical quality assurance records.''.
TITLE VIII--MISCELLANEOUS PROVISIONS
SEC. 801. CONTRACTING AUTHORITY.
Section 20113 of title 51, United States Code, as amended
by section 705, is further amended by adding at the end the
following:
``(p) Contracting Authority.--The Administration--
``(1) may enter into an agreement with a private,
commercial, or State government entity to provide the entity
with supplies, support, and services related to private,
commercial, or State government space activities carried out
at a property owned or operated by the Administration; and
``(2) upon the request of such an entity, may include such
supplies, support, and services in the requirements of the
Administration if--
``(A) the Administrator determines that the inclusion of
such supplies, support, or services in such requirements--
``(i) is in the best interest of the Federal Government;
``(ii) does not interfere with the requirements of the
Administration; and
``(iii) does not compete with the commercial space
activities of other such entities; and
``(B) the Administration has full reimbursable funding from
the entity that requested supplies, support, and services
prior to making any obligation for the delivery of such
supplies, support, or services under an Administration
procurement contract or any other agreement.''.
SEC. 802. AUTHORITY FOR TRANSACTION PROTOTYPE PROJECTS AND
FOLLOW-ON PRODUCTION CONTRACTS.
Section 20113 of title 51, United States Code, as amended
by section 801, is further amended by adding at the end the
following:
``(q) Transaction Prototype Projects and Follow-on
Production Contracts.--
``(1) In general.--The Administration may enter into a
transaction (other than a contract, cooperative agreement, or
grant) to carry out a prototype project that is directly
relevant to enhancing the mission effectiveness of the
Administration.
``(2) Subsequent award of follow-on production contract.--A
transaction entered into under this subsection for a
prototype project may provide for the subsequent award of a
follow-on production contract to participants in the
transaction.
``(3) Inclusion.--A transaction under this subsection
includes a project awarded to an individual participant and
to all individual projects awarded to a consortium of United
States industry and academic institutions.
``(4) Determination.--The authority of this section may be
exercised for a transaction for a prototype project and any
follow-on production contract, upon a determination by the
head of the contracting activity, in accordance with
Administration policies, that--
``(A) circumstances justify use of a transaction to provide
an innovative business arrangement that would not be feasible
or appropriate under a contract; and
``(B) the use of the authority of this section is essential
to promoting the success of the prototype project.
``(5) Competitive procedure.--
``(A) In general.--To the maximum extent practicable, the
Administrator shall use competitive procedures with respect
to entering into a transaction to carry out a prototype
project.
``(B) Exception.--Notwithstanding section 2304 of title 10,
United States Code, a follow-on production contract may be
awarded to the participants in the prototype transaction
without the use of competitive procedures, if--
``(i) competitive procedures were used for the selection of
parties for participation in the prototype transaction; and
``(ii) the participants in the transaction successfully
completed the prototype project provided for in the
transaction.
``(6) Cost share.--A transaction to carry out a prototype
project and a follow-on production contract may require that
part of the total cost of the transaction or contract be paid
by the participant or contractor from a source other than the
Federal Government.
``(7) Procurement ethics.--A transaction under this
authority shall be considered an agency procurement for
purposes of chapter 21 of title 41, United States Code, with
regard to procurement ethics.''.
SEC. 803. PROTECTION OF DATA AND INFORMATION FROM PUBLIC
DISCLOSURE.
(a) Certain Technical Data.--Section 20131 of title 51,
United States Code, is amended--
(1) by redesignating subsection (c) as subsection (d);
(2) in subsection (a)(3), by striking ``subsection (b)''
and inserting ``subsection (b) or (c)'';
(3) by inserting after subsection (b) the following:
``(c) Special Handling of Certain Technical Data.--
``(1) In general.--The Administrator may provide
appropriate protections against the public dissemination of
certain technical data, including exemption from subchapter
II of chapter 5 of title 5.
``(2) Definitions.--In this subsection:
``(A) Certain technical data.--The term `certain technical
data' means technical data that may not be exported lawfully
outside the United States without approval, authorization, or
license under--
``(i) the Export Control Reform Act of 2018 (Public Law
115-232; 132 Stat. 2208); or
``(ii) the International Security Assistance and Arms
Export Control Act of 1976 (Public Law 94-329; 90 Stat. 729).
``(B) Technical data.--The term `technical data' means any
blueprint, drawing, photograph, plan, instruction, computer
software, or documentation, or any other technical
information.'';
(4) in subsection (d), as so redesignated, by inserting ``,
including any data,'' after ``information''; and
(5) by adding at the end the following:
``(e) Exclusion From FOIA.--This section shall be
considered a statute described in subsection (b)(3)(B) of
section 552 of title 5 (commonly referred to as the `Freedom
of Information Act').''.
(b) Certain Voluntarily Provided Safety-related
Information.--
(1) In general.--The Administrator shall provide
appropriate safeguards against the public dissemination of
safety-related information collected as part of a mishap
investigation carried out under the NASA safety reporting
system or in conjunction with an organizational safety
assessment, if the Administrator makes a written
determination, including a justification of the
determination, that--
(A)(i) disclosure of the information would inhibit
individuals from voluntarily providing safety-related
information; and
(ii) the ability of NASA to collect such information
improves the safety of NASA programs and research relating to
aeronautics and space; or
(B) withholding such information from public disclosure
improves the safety of such NASA programs and research.
(2) Other federal agencies.--Notwithstanding any other
provision of law, if the Administrator provides to the head
of another Federal agency safety-related information with
respect to which the Administrator has made a determination
under paragraph (1), the head of the Federal agency shall
withhold the information from public disclosure.
(3) Public availability.--A determination under paragraph
(1) shall be made available to the public on request, as
required under section 552 of title 5, United States Code
(commonly referred to as the ``Freedom of Information Act'').
(4) Exclusion from foia.--This subsection shall be
considered a statute described in subsection (b)(3)(B) of
section 552 of title 5, United States Code.
SEC. 804. PHYSICAL SECURITY MODERNIZATION.
Chapter 201 of title 51, United States Code, is amended--
(1) in section 20133(2), by striking ``property'' and all
that follows through ``to the United States,'' and inserting
``Administration personnel or of property owned or leased by,
or under the control of, the United States''; and
(2) in section 20134, in the second sentence--
(A) by inserting ``Administration personnel or any'' after
``protecting''; and
(B) by striking ``, at facilities owned or contracted to
the Administration''.
SEC. 805. LEASE OF NON-EXCESS PROPERTY.
Section 20145 of title 51, United States Code, is amended--
(1) in paragraph (b)(1)(B), by striking ``entered into for
the purpose of developing renewable energy production
facilities''; and
(2) by striking subsection (g).
SEC. 806. CYBERSECURITY.
(a) In General.--Section 20301 of title 51, United States
Code, is amended by adding at the end the following:
``(c) Cybersecurity.--The Administrator shall update and
improve the cybersecurity of NASA space assets and supporting
infrastructure.''.
(b) Security Operations Center.--
(1) Establishment.--The Administrator shall maintain a
Security Operations Center, to identify and respond to
cybersecurity threats to
[[Page S7665]]
NASA information technology systems, including institutional
systems and mission systems.
(2) Inspector general recommendations.--The Administrator
shall implement, to the maximum extent practicable, each of
the recommendations contained in the report of the Inspector
General of NASA entitled ``Audit of NASA's Security
Operations Center'', issued on May 23, 2018.
(c) Cyber Threat Hunt.--
(1) In general.--The Administrator, in coordination with
the Secretary of Homeland Security and the heads of other
relevant Federal agencies, may implement a cyber threat hunt
capability to proactively search NASA information systems for
advanced cyber threats that otherwise evade existing security
tools.
(2) Threat-hunting process.--In carrying out paragraph (1),
the Administrator shall develop and document a threat-hunting
process, including the roles and responsibilities of
individuals conducting a cyber threat hunt.
(d) GAO Priority Recommendations.--The Administrator shall
implement, to the maximum extent practicable, the
recommendations for NASA contained in the report of the
Comptroller General of the United States entitled
``Information Security: Agencies Need to Improve Controls
over Selected High-Impact Systems'', issued May 18, 2016,
including--
(1) re-evaluating security control assessments; and
(2) specifying metrics for the continuous monitoring
strategy of the Administration.
SEC. 807. LIMITATION ON COOPERATION WITH THE PEOPLE'S
REPUBLIC OF CHINA.
(a) In General.--Except as provided by subsection (b), the
Administrator, the Director of the Office of Science and
Technology Policy, and the Chair of the National Space
Council, shall not--
(1) develop, design, plan, promulgate, implement, or
execute a bilateral policy, program, order, or contract of
any kind to participate, collaborate, or coordinate
bilaterally in any manner with--
(A) the Government of the People's Republic of China; or
(B) any company--
(i) owned by the Government of the People's Republic of
China; or
(ii) incorporated under the laws of the People's Republic
of China; and
(2) host official visitors from the People's Republic of
China at a facility belonging to or used by NASA.
(b) Waiver.--
(1) In general.--The Administrator, the Director, or the
Chair may waive the limitation under subsection (a) with
respect to an activity described in that subsection only if
the Administrator, the Director, or the Chair, as applicable,
makes a determination that the activity--
(A) does not pose a risk of a transfer of technology, data,
or other information with national security or economic
security implications to an entity described in paragraph (1)
of such subsection; and
(B) does not involve knowing interactions with officials
who have been determined by the United States to have direct
involvement with violations of human rights.
(2) Certification to congress.--Not later than 30 days
after the date on which a waiver is granted under paragraph
(1), the Administrator, the Director, or the Chair, as
applicable, shall submit to the Committee on Commerce,
Science, and Transportation and the Committee on
Appropriations of the Senate and the Committee on Science,
Space, and Technology and the Committee on Appropriations of
the House of Representatives a written certification that the
activity complies with the requirements in subparagraphs (A)
and (B) of that paragraph.
(c) GAO Review.--
(1) In general.--The Comptroller General of the United
States shall conduct a review of NASA contracts that may
subject the Administration to unacceptable transfers of
intellectual property or technology to any entity--
(A) owned or controlled (in whole or in part) by, or
otherwise affiliated with, the Government of the People's
Republic of China; or
(B) organized under, or otherwise subject to, the laws of
the People's Republic of China.
(2) Elements.--The review required under paragraph (1)
shall assess--
(A) whether the Administrator is aware--
(i) of any NASA contractor that benefits from significant
financial assistance from--
(I) the Government of the People's Republic of China;
(II) any entity controlled by the Government of the
People's Republic of China; or
(III) any other governmental entity of the People's
Republic of China; and
(ii) that the Government of the People's Republic of China,
or an entity controlled by the Government of the People's
Republic of China, may be--
(I) leveraging United States companies that share ownership
with NASA contractors; or
(II) obtaining intellectual property or technology
illicitly or by other unacceptable means; and
(B) the steps the Administrator is taking to ensure that--
(i) NASA contractors are not being leveraged (directly or
indirectly) by the Government of the People's Republic of
China or by an entity controlled by the Government of the
People's Republic of China;
(ii) the intellectual property and technology of NASA
contractors are adequately protected; and
(iii) NASA flight-critical components are not sourced from
the People's Republic of China through any entity benefiting
from Chinese investments, loans, or other assistance.
(3) Recommendations.--The Comptroller General shall provide
to the Administrator recommendations for future NASA
contracting based on the results of the review.
(4) Plan.--Not later than 180 days after the date on which
the Comptroller General completes the review, the
Administrator shall--
(A) develop a plan to implement the recommendations of the
Comptroller General; and
(B) submit the plan to the appropriate committees of
Congress.
SEC. 808. CONSIDERATION OF ISSUES RELATED TO CONTRACTING WITH
ENTITIES RECEIVING ASSISTANCE FROM OR
AFFILIATED WITH THE PEOPLE'S REPUBLIC OF CHINA.
In considering any response to a request for proposal,
request for information, broad area announcement, or any
other form of request or solicitation, and in considering or
undertaking any negotiation or conclusion of any contract,
agreement, or other transaction with any commercial or non-
commercial entity, the Administrator shall, in consultation
with appropriate Federal departments and agencies, take into
account the implications of any benefit received by such
commercial or non-commercial entity (or any other commercial
or non-commercial entity related through ownership, control,
or other affiliation to such entity) as a result of a
significant loan or other financial assistance provided by--
(1) any governmental organization of the People's Republic
of China; or
(2) any other entity that is--
(A) owned or controlled by, or otherwise affiliated with,
any governmental organization of the People's Republic of
China; or
(B) organized under, or otherwise subject to, the laws of
the People's Republic of China.
SEC. 809. SMALL SATELLITE LAUNCH SERVICES PROGRAM.
(a) In General.--The Administrator shall continue to
procure dedicated launch services for small satellites,
including CubeSats, for the purpose of conducting science and
technology missions that further the goals of NASA.
(b) Requirements.--In carrying out the program under
subsection (a), the Administrator shall--
(1) engage with the academic community to maximize
awareness and use of dedicated small satellite launch
opportunities; and
(2) to the maximum extent practicable, use a secondary
payload of procured launch services for CubeSats.
SEC. 810. 21ST CENTURY SPACE LAUNCH INFRASTRUCTURE.
(a) In General.--The Administrator shall carry out a
program to modernize launch infrastructure at NASA
facilities--
(1) to enhance safety; and
(2) to advance Government and commercial space
transportation and exploration.
(b) Projects.--Projects funded under the program under
subsection (a) may include--
(1) infrastructure relating to commodities;
(2) standard interfaces to meet customer needs for multiple
payload processing and launch vehicle processing;
(3) enhancements to range capacity and flexibility; and
(4) such other projects as the Administrator considers
appropriate to meet the goals described in subsection (a).
(c) Requirements.--In carrying out the program under
subsection (a), the Administrator shall--
(1) prioritize investments in projects that can be used by
multiple users and launch vehicles, including non-NASA users
and launch vehicles; and
(2) limit investments to projects that would not otherwise
be funded by a NASA program, such as an institutional or
programmatic infrastructure program.
(d) Savings Clause.--Nothing in this section shall preclude
a NASA program, including the Space Launch System and Orion,
from using the launch infrastructure modernized under this
section.
SEC. 811. MISSIONS OF NATIONAL NEED.
(a) Sense of Congress.--It is the Sense of Congress that--
(1) while certain space missions, such as asteroid
detection or space debris mitigation or removal missions, may
not provide the highest-value science, as determined by the
National Academies of Science, Engineering, and Medicine
decadal surveys, such missions provide tremendous value to
the United States and the world; and
(2) the current organizational and funding structure of
NASA has not prioritized the funding of missions of national
need.
(b) Study.--
(1) In general.--The Director of the Office of Science and
Technology Policy shall conduct a study on the manner in
which NASA funds missions of national need.
(2) Matters to be included.--The study conducted under
paragraph (1) shall include the following:
(A) An identification and assessment of the types of
missions or technology development programs that constitute
missions of national need.
(B) An assessment of the manner in which such missions are
currently funded and managed by NASA.
(C) An analysis of the options for funding missions of
national need, including--
(i) structural changes required to allow NASA to fund such
missions; and
(ii) an assessment of the capacity of other Federal
agencies to make funds available for such missions.
(c) Report to Congress.--Not later than 1 year after the
date of the 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 results of
the study conducted under subsection (b), including
recommendations for funding missions of national need.
SEC. 812. EXEMPTION FROM THE IRAN, NORTH KOREA, AND SYRIA
NONPROLIFERATION ACT.
Section 7(1) of the Iran, North Korea, and Syria
Nonproliferation Act (Public Law 106-178;
[[Page S7666]]
50 U.S.C. 1701 note) is amended, in the undesignated matter
following subparagraph (B), by striking ``December 31, 2025''
and inserting ``December 31, 2030''.
SEC. 813. DRINKING WATER WELL REPLACEMENT FOR CHINCOTEAGUE,
VIRGINIA.
Notwithstanding any other provision of law, during the 5-
year period beginning on the date of the enactment of this
Act, the Administrator may enter into 1 or more agreements
with the town of Chincoteague, Virginia, to reimburse the
town for costs that are directly associated with--
(1) the removal of drinking water wells located on property
administered by the Administration; and
(2) the relocation of such wells to property under the
administrative control, through lease, ownership, or
easement, of the town.
SEC. 814. PASSENGER CARRIER USE.
Section 1344(a)(2) of title 31, United States Code, is
amended--
(1) in subparagraph (A), by striking ``or'' at the end;
(2) in subparagraph (B), by inserting ``or'' after the
comma at the end; and
(3) by inserting after subparagraph (B) the following:
``(C) necessary for post-flight transportation of United
States Government astronauts, and other astronauts subject to
reimbursable arrangements, returning from space for the
performance of medical research, monitoring, diagnosis, or
treatment, or other official duties, prior to receiving post-
flight medical clearance to operate a motor vehicle,''.
SEC. 815. USE OF COMMERCIAL NEAR-SPACE BALLOONS.
(a) Sense of Congress.--It is the sense of Congress that
the use of an array of capabilities, including the use of
commercially available near-space balloon assets, is in the
best interest of the United States.
(b) Use of Commercial Near-space Balloons.--The
Administrator shall use commercially available balloon assets
operating at near-space altitudes, to the maximum extent
practicable, as part of a diverse set of capabilities to
effectively and efficiently meet the goals of the
Administration.
SEC. 816. PRESIDENT'S SPACE ADVISORY BOARD.
Section 121 of the National Aeronautics and Space
Administration Authorization Act, Fiscal Year 1991 (Public
Law 101-611; 51 U.S.C. 20111 note) is amended--
(1) in the section heading, by striking ``users' advisory
group'' and inserting ``president's space advisory board'';
and
(2) by striking ``Users' Advisory Group'' each place it
appears and inserting ``President's Space Advisory Board.''
SEC. 817. INITIATIVE ON TECHNOLOGIES FOR NOISE AND EMISSIONS
REDUCTIONS.
(a) Initiative Required.--Section 40112 of title 51, United
States Code, is amended--
(1) by redesignating subsections (b) through (f) as
subsections (c) through (g), respectively; and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Technologies for Noise and Emissions Reduction.--
``(1) Initiative required.--The Administrator shall
establish an initiative to build upon and accelerate previous
or ongoing work to develop and demonstrate new technologies,
including systems architecture, components, or integration of
systems and airframe structures, in electric aircraft
propulsion concepts that are capable of substantially
reducing both emissions and noise from aircraft.
``(2) Approach.--In carrying out the initiative, the
Administrator shall do the following:
``(A) Continue and expand work of the Administration on
research, development, and demonstration of electric aircraft
concepts, and the integration of such concepts.
``(B) To the extent practicable, work with multiple
partners, including small businesses and new entrants, on
research and development activities related to transport
category aircraft.
``(C) Provide guidance to the Federal Aviation
Administration on technologies developed and tested pursuant
to the initiative.''.
(b) Reports.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter as a part of
the Administration's budget submission, the Administrator
shall submit a report to the appropriate committee of
Congress on the progress of the work under the initiative
required by subsection (b) of section 40112 of title 51,
United States Code (as amended by subsection (a) of this
section), including an updated, anticipated timeframe for
aircraft entering into service that produce 50 percent less
noise and emissions than the highest performing aircraft in
service as of December 31, 2019.
SEC. 818. REMEDIATION OF SITES CONTAMINATED WITH
TRICHLOROETHYLENE.
(a) Identification of Sites.--Not later than 180 days after
the date of the enactment of this Act, the Administrator
shall identify sites of the Administration contaminated with
trichloroethylene.
(b) Report Required.--Not later than 1 year after the date
of the enactment of this Act, the Administrator shall submit
to the appropriate committees of Congress a report that
includes--
(1) the recommendations of the Administrator for
remediating the sites identified under subsection (a) during
the 5-year period beginning on the date of the report; and
(2) an estimate of the financial resources necessary to
implement those recommendations.
SEC. 819. REPORT ON MERITS AND OPTIONS FOR ESTABLISHING AN
INSTITUTE RELATING TO SPACE RESOURCES.
(a) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Administrator shall submit to
the appropriate committees of Congress a report on the merits
of, and options for, establishing an institute relating to
space resources to advance the objectives of NASA in
maintaining United States preeminence in space described in
paragraph (3).
(2) Matters to be included.--The report required by
paragraph (1) shall include an assessment by the
Administrator as to whether--
(A) a virtual or physical institute relating to space
resources is most cost effective and appropriate; and
(B) partnering with institutions of higher education and
the aerospace industry, and the extractive industry as
appropriate, would be effective in increasing information
available to such an institute with respect to advancing the
objectives described in paragraph (3).
(3) Objectives.--The objectives described in this paragraph
are the following:
(A) Identifying, developing, and distributing space
resources, including by encouraging the development of
foundational science and technology.
(B) Reducing the technological risks associated with
identifying, developing, and distributing space resources.
(C) Developing options for using space resources--
(i) to support current and future space architectures,
programs, and missions; and
(ii) to enable architectures, programs, and missions that
would not otherwise be possible.
(4) Definitions.--In this section:
(A) Extractive industry.--The term ``extractive industry''
means a company or individual involved in the process of
extracting (including mining, quarrying, drilling, and
dredging) space resources.
(B) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101(a) of the Higher Education Act of 1965
(20 U.S.C. 1001(a)).
(C) Space resource.--
(i) In general.--The term ``space resource'' means an
abiotic resource in situ in outer space.
(ii) Inclusions.--The term ``space resource'' includes a
raw material, a natural material, and an energy source.
SEC. 820. REPORT ON ESTABLISHING CENTER OF EXCELLENCE FOR
SPACE WEATHER TECHNOLOGY.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Administrator shall submit to
the appropriate committees of Congress a report assessing the
potential benefits of establishing a NASA center of
excellence for space weather technology.
(b) Geographic Considerations.--In the report required by
subsection (a), the Administrator shall consider the benefits
of establishing the center of excellence described in that
subsection in a geographic area--
(1) in close proximity to--
(A) significant government-funded space weather research
activities; and
(B) institutions of higher education; and
(2) where NASA may have been previously underrepresented.
SEC. 821. REVIEW ON PREFERENCE FOR DOMESTIC SUPPLIERS.
(a) Sense of Congress.--It is the Sense of Congress that
the Administration should, to the maximum extent practicable
and with due consideration of foreign policy goals and
obligations under Federal law--
(1) use domestic suppliers of goods and services; and
(2) ensure compliance with the Federal acquisition
regulations, including subcontract flow-down provisions.
(b) Review.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Administrator shall undertake
a comprehensive review of the domestic supplier preferences
of the Administration and the obligations of the
Administration under the Federal acquisition regulations to
ensure compliance, particularly with respect to Federal
acquisition regulations provisions that apply to foreign-
based subcontractors.
(2) Elements.--The review under paragraph (1) shall
include--
(A) an assessment as to whether the Administration has
provided funding for infrastructure of a foreign-owned
company or State-sponsored entity in recent years; and
(B) an analysis of the effects such funding has had on
domestic service providers.
(c) Report.--The Administrator shall submit to the
appropriate committees of Congress a report on the results of
the review.
SEC. 822. REPORT ON UTILIZATION OF COMMERCIAL SPACE PORTS
LICENSED BY FEDERAL AVIATION ADMINISTRATION.
(a) In General.--Not later than 1 year after the date of
the enactment of this Act, the Administrator shall submit to
the appropriate committees of Congress a report on the
benefits of increased utilization of commercial space ports
licensed by the Federal Aviation Administration for NASA
civil space missions and operations.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) A description and assessment of current utilization of
commercial space ports licensed by the Federal Aviation
Administration for NASA civil space missions and operations.
(2) A description and assessment of the benefits of
increased utilization of such space ports for such missions
and operations.
(3) A description and assessment of the steps necessary to
achieve increased utilization of such space ports for such
missions and operations.
SEC. 823. ACTIVE ORBITAL DEBRIS MITIGATION.
(a) Sense of Congress.--It is the sense of Congress that--
(1) orbital debris, particularly in low-Earth orbit, poses
a hazard to NASA missions, particularly human spaceflight;
and
[[Page S7667]]
(2) progress has been made on the development of guidelines
for long-term space sustainability through the United Nations
Committee on the Peaceful Uses of Outer Space.
(b) Requirements.--The Administrator should--
(1) ensure the policies and standard practices of NASA meet
or exceed international guidelines for spaceflight safety;
and
(2) support the development of orbital debris mitigation
technologies through continued research and development of
concepts.
(c) Report to Congress.--Not later than 90 days after the
date of the enactment of this Act, the Administrator shall
submit to the appropriate committees of Congress a report on
the status of implementing subsection (b).
SEC. 824. STUDY ON COMMERCIAL COMMUNICATIONS SERVICES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) enhancing the ability of researchers to conduct and
interact with experiments while in flight would make huge
advancements in the overall profitability of conducting
research on suborbit and low-Earth orbit payloads; and
(2) current NASA communications do not allow for real-time
data collection, observation, or transmission of information.
(b) Study.--The Administrator shall conduct a study on the
feasibility, impact, and cost of using commercial
communications programs services for suborbital flight
programs and low-Earth orbit research.
(c) Report.--Not later than 18 months after the date of the
enactment of this Act, the Administrator shall submit to
Congress and make publicly available a report that describes
the results of the study conducted under subsection (b).
Mr. CRUZ. I ask unanimous consent that the committee-reported
substitute be withdrawn; that the Cruz substitute amendment at the desk
be agreed to; that the bill, as amended, be considered read a third
time and passed; and that the motion to reconsider be considered made
and laid upon the table.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
The committee-reported amendment in the nature of a substitute was
withdrawn.
The amendment (No. 2718) in the nature of a substitute was agreed to,
as follows:
(Purpose: In the nature of a substitute.)
(The amendment is printed in today's Record under ``Text of
Amendments.'')
The bill (S. 2800), as amended, was ordered to be engrossed for a
third reading, was read the third time, and passed, as follows:
S. 2800
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``National
Aeronautics and Space Administration Authorization Act of
2020''.
(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. Authorization of appropriations.
TITLE II--HUMAN SPACEFLIGHT AND EXPLORATION
Sec. 201. Advanced cislunar and lunar surface capabilities.
Sec. 202. Space launch system configurations.
Sec. 203. Advanced spacesuits.
Sec. 204. Acquisition of domestic space transportation and logistics
resupply services.
Sec. 205. Rocket engine test infrastructure.
Sec. 206. Indian River Bridge.
Sec. 207. Pearl River maintenance.
Sec. 208. Value of International Space Station and capabilities in low-
Earth orbit.
Sec. 209. Extension and modification relating to International Space
Station.
Sec. 210. Department of Defense activities on International Space
Station.
Sec. 211. Commercial development in low-Earth orbit.
Sec. 212. Maintaining a national laboratory in space.
Sec. 213. International Space Station national laboratory; property
rights in inventions.
Sec. 214. Data first produced during non-NASA scientific use of the ISS
national laboratory.
Sec. 215. Payments received for commercial space-enabled production on
the ISS.
Sec. 216. Stepping stone approach to exploration.
Sec. 217. Technical amendments relating to Artemis missions.
TITLE III--SCIENCE
Sec. 301. Science priorities.
Sec. 302. Lunar discovery program.
Sec. 303. Search for life.
Sec. 304. James Webb Space Telescope.
Sec. 305. Wide-Field Infrared Survey Telescope.
Sec. 306. Study on satellite servicing for science missions.
Sec. 307. Earth science missions and programs.
Sec. 308. Life science and physical science research.
Sec. 309. Science missions to Mars.
Sec. 310. Planetary Defense Coordination Office.
Sec. 311. Suborbital science flights.
Sec. 312. Earth science data and observations.
Sec. 313. Sense of Congress on small satellite science.
Sec. 314. Sense of Congress on commercial space services.
Sec. 315. Procedures for identifying and addressing alleged violations
of scientific integrity policy.
TITLE IV--AERONAUTICS
Sec. 401. Short title.
Sec. 402. Definitions.
Sec. 403. Experimental aircraft projects.
Sec. 404. Unmanned aircraft systems.
Sec. 405. 21st Century Aeronautics Capabilities Initiative.
Sec. 406. Sense of Congress on on-demand air transportation.
Sec. 407. Sense of Congress on hypersonic technology research.
TITLE V--SPACE TECHNOLOGY
Sec. 501. Space Technology Mission Directorate.
Sec. 502. Flight opportunities program.
Sec. 503. Small Spacecraft Technology Program.
Sec. 504. Nuclear propulsion technology.
Sec. 505. Mars-forward technologies.
Sec. 506. Prioritization of low-enriched uranium technology.
Sec. 507. Sense of Congress on next-generation communications
technology.
Sec. 508. Lunar surface technologies.
TITLE VI--STEM ENGAGEMENT
Sec. 601. Sense of Congress.
Sec. 602. STEM education engagement activities.
Sec. 603. Skilled technical education outreach program.
Sec. 604. National space grant college and fellowship program.
TITLE VII--WORKFORCE AND INDUSTRIAL BASE
Sec. 701. Appointment and compensation pilot program.
Sec. 702. Establishment of multi-institution consortia.
Sec. 703. Expedited access to technical talent and expertise.
Sec. 704. Report on industrial base for civil space missions and
operations.
Sec. 705. Separations and retirement incentives.
Sec. 706. Confidentiality of medical quality assurance records.
TITLE VIII--MISCELLANEOUS PROVISIONS
Sec. 801. Contracting authority.
Sec. 802. Authority for transaction prototype projects and follow-on
production contracts.
Sec. 803. Protection of data and information from public disclosure.
Sec. 804. Physical security modernization.
Sec. 805. Lease of non-excess property.
Sec. 806. Cybersecurity.
Sec. 807. Limitation on cooperation with the People's Republic of
China.
Sec. 808. Consideration of issues related to contracting with entities
receiving assistance from or affiliated with the People's
Republic of China.
Sec. 809. Small satellite launch services program.
Sec. 810. 21st century space launch infrastructure.
Sec. 811. Missions of national need.
Sec. 812. Drinking water well replacement for Chincoteague, Virginia.
Sec. 813. Passenger carrier use.
Sec. 814. Use of commercial near-space balloons.
Sec. 815. President's Space Advisory Board.
Sec. 816. Initiative on technologies for noise and emissions
reductions.
Sec. 817. Remediation of sites contaminated with trichloroethylene.
Sec. 818. Report on merits and options for establishing an institute
relating to space resources.
Sec. 819. Report on establishing center of excellence for space weather
technology.
Sec. 820. Review on preference for domestic suppliers.
Sec. 821. Report on utilization of commercial spaceports licensed by
Federal Aviation Administration.
Sec. 822. Active orbital debris mitigation.
Sec. 823. Study on commercial communications services.
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.--Except as
otherwise expressly provided, 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) Cislunar space.--The term ``cislunar space'' means the
region of space beyond
[[Page S7668]]
low-Earth orbit 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, including cislunar space.
(6) Development cost.--The term ``development cost'' has
the meaning given the term in section 30104 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 entered into 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 in section 303 of the National Aeronautics
and Space Administration Authorization Act of 2010 (42 U.S.C.
18323).
(11) OSTP.--The term ``OSTP'' means the Office of Science
and Technology Policy.
(12) Space launch system.--The term ``Space Launch System''
means the Space Launch System authorized under section 302 of
the National Aeronautics and Space Administration Act of 2010
(42 U.S.C. 18322).
TITLE I--AUTHORIZATION OF APPROPRIATIONS
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the
Administration for fiscal year 2021 $23,495,000,000 as
follows:
(1) For Exploration, $6,706,400,000.
(2) For Space Operations, $3,988,200,000.
(3) For Science, $7,274,700,000.
(4) For Aeronautics, $828,700,000.
(5) For Space Technology, $1,206,000,000.
(6) For Science, Technology, Engineering, and Mathematics
Engagement, $120,000,000.
(7) For Safety, Security, and Mission Services,
$2,936,500,000.
(8) For Construction and Environmental Compliance and
Restoration, $390,300,000.
(9) For Inspector General, $44,200,000.
TITLE II--HUMAN SPACEFLIGHT AND EXPLORATION
SEC. 201. ADVANCED CISLUNAR AND LUNAR SURFACE CAPABILITIES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) commercial entities in the United States have made
significant investment and progress toward the development of
human-class lunar landers;
(2) NASA developed the Artemis program--
(A) to fulfill the goal of landing United States
astronauts, including the first woman and the next man, on
the Moon; and
(B) to collaborate with commercial and international
partners to establish sustainable lunar exploration by 2028;
and
(3) in carrying out the Artemis program, the Administration
should ensure that the entire Artemis program is inclusive
and representative of all people of the United States,
including women and minorities.
(b) Lander Program.--
(1) In general.--The Administrator shall foster the flight
demonstration of not more than 2 human-class lunar lander
designs through public-private partnerships.
(2) Initial development phase.--The Administrator may
support the formulation of more than 2 concepts in the
initial development phase.
(c) Requirements.--In carrying out the program under
subsection (b), the Administrator shall--
(1) enter into industry-led partnerships using a fixed-
price, milestone-based approach;
(2) to the maximum extent practicable, encourage
reusability and sustainability of systems developed;
(3) prioritize safety and implement robust ground and in-
space test requirements;
(4) ensure availability of 1 or more lunar polar science
payloads for a demonstration mission; and
(5) to the maximum extent practicable, offer existing
capabilities and assets of NASA centers to support these
partnerships.
SEC. 202. SPACE LAUNCH SYSTEM CONFIGURATIONS.
(a) Mobile Launch Platform.--The Administrator is
authorized to maintain 2 operational mobile launch platforms
to enable the launch of multiple configurations of the Space
Launch System.
(b) Exploration Upper Stage.--To meet the capability
requirements under section 302(c)(2) of the National
Aeronautics and Space Administration Authorization Act of
2010 (42 U.S.C. 18322(c)(2)), the Administrator shall
continue development of the Exploration Upper Stage for the
Space Launch System with a scheduled availability sufficient
for use on the third launch of the Space Launch System.
(c) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Administrator shall brief the
appropriate committees of Congress on the development and
scheduled availability of the Exploration Upper Stage for the
third launch of the Space Launch System.
(d) Main Propulsion Test Article.--To meet the requirements
under section 302(c)(3) of the National Aeronautics and Space
Administration Authorization Act of 2010 (42 U.S.C.
18322(c)(3)), the Administrator shall--
(1) immediately on completion of the first full-duration
integrated core stage test of the Space Launch System,
initiate development of a main propulsion test article for
the integrated core stage propulsion elements of the Space
Launch System, consistent with cost and schedule constraints,
particularly for long-lead propulsion hardware needed for
flight;
(2) not later than 180 days after the date of the enactment
of this Act, submit to the appropriate committees of Congress
a detailed plan for the development and operation of such
main propulsion test article; and
(3) use existing capabilities of NASA centers for the
design, manufacture, and operation of the main propulsion
test article.
SEC. 203. ADVANCED SPACESUITS.
(a) Sense of Congress.--It is the sense of Congress that
next-generation advanced spacesuits are a critical technology
for human space exploration and use of low-Earth orbit,
cislunar space, the surface of the Moon, and Mars.
(b) Development Plan.--The Administrator shall establish a
detailed plan for the development and manufacture of advanced
spacesuits, consistent with the deep space exploration goals
and timetables of NASA.
(c) Diverse Astronaut Corps.--The Administrator shall
ensure that spacesuits developed and manufactured after the
date of the enactment of this Act are capable of
accommodating a wide range of sizes of astronauts so as to
meet the needs of the diverse NASA astronaut corps.
(d) ISS Use.--Throughout the operational life of the ISS,
the Administrator should fully use the ISS for testing
advanced spacesuits.
(e) Prior Investments.--
(1) In general.--In developing an advanced spacesuit, the
Administrator shall, to the maximum extent practicable,
partner with industry-proven spacesuit design, development,
and manufacturing suppliers and leverage prior and existing
investments in advanced spacesuit technologies and existing
capabilities at NASA centers to maximize the benefits of such
investments and technologies.
(2) Agreements with private entities.--In carrying out this
subsection, the Administrator may enter into 1 or more
agreements with 1 or more private entities for the
manufacture of advanced spacesuits, as the Administrator
considers appropriate.
(f) Briefing.--Not later than 180 days after the date of
the enactment of this Act, and semiannually thereafter until
NASA procures advanced spacesuits under this section, the
Administrator shall brief the appropriate committees of
Congress on the development plan in subsection (b).
SEC. 204. ACQUISITION OF DOMESTIC SPACE TRANSPORTATION AND
LOGISTICS RESUPPLY SERVICES.
(a) In General.--Except as provided in subsection (b), the
Administrator shall not enter into any contract with a person
or entity that proposes to use, or will use, a foreign launch
provider for a commercial service to provide space
transportation or logistics resupply for--
(1) the ISS; or
(2) any Government-owned or Government-funded platform in
Earth orbit or cislunar space, on the lunar surface, or
elsewhere in space.
(b) Exception.--The Administrator may enter into a contract
with a person or an entity that proposes to use, or will use,
a foreign launch provider for a commercial service to carry
out an activity described in subsection (a) if--
(1) a domestic vehicle or service is unavailable; or
(2) the launch vehicle or service is a contribution by a
partner to an international no-exchange-of-funds
collaborative effort.
(c) Rule of Construction.--Nothing in this section shall be
construed to prohibit the Administrator from entering into 1
or more no-exchange-of-funds collaborative agreements with an
international partner in support of the deep space
exploration plan of NASA.
SEC. 205. ROCKET ENGINE TEST INFRASTRUCTURE.
(a) In General.--The Administrator shall continue to carry
out a program to modernize rocket propulsion test
infrastructure at NASA facilities--
(1) to increase capabilities;
(2) to enhance safety;
(3) to support propulsion development and testing; and
(4) to foster the improvement of Government and commercial
space transportation and exploration.
(b) Projects.--Projects funded under the program described
in subsection (a) may include--
(1) infrastructure and other facilities and systems
relating to rocket propulsion test stands and rocket
propulsion testing;
(2) enhancements to test facility capacity and flexibility;
and
(3) such other projects as the Administrator considers
appropriate to meet the goals described in that subsection.
(c) Requirements.--In carrying out the program under
subsection (a), the Administrator shall--
(1) prioritize investments in projects that enhance test
and flight certification capabilities for large thrust-level
atmospheric and altitude engines and engine systems, and
multi-engine integrated test capabilities;
(2) continue to make underutilized test facilities
available for commercial use on a reimbursable basis; and
[[Page S7669]]
(3) ensure that no project carried out under this program
adversely impacts, delays, or defers testing or other
activities associated with facilities used for Government
programs, including--
(A) the Space Launch System and the Exploration Upper Stage
of the Space Launch System;
(B) in-space propulsion to support exploration missions; or
(C) nuclear propulsion testing.
(d) Rule of Construction.--Nothing in this section shall
preclude a NASA program, including the Space Launch System
and the Exploration Upper Stage of the Space Launch System,
from using the modernized test infrastructure developed under
this section.
(e) Working Capital Fund Study.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Administrator shall submit to
the appropriate committees of Congress a report on the use of
the authority under section 30102 of title 51, United States
Code, to promote increased use of NASA rocket propulsion test
infrastructure for research, development, testing, and
evaluation activities by other Federal agencies, firms,
associations, corporations, and educational institutions.
(2) Matters to be included.--The report required by
paragraph (1) shall include the following:
(A) An assessment of prior use, if any, of the authority
under section 30102 of title 51, United States Code, to
improve testing infrastructure.
(B) An analysis of any barrier to implementation of such
authority for the purpose of promoting increased use of NASA
rocket propulsion test infrastructure.
SEC. 206. INDIAN RIVER BRIDGE.
(a) In General.--The Administrator, in coordination with
the heads of other Federal agencies that use the Indian River
Bridge on the NASA Causeway, shall develop a plan to ensure
that a bridge over the Indian River at such location provides
access to the Eastern Range for national security, civil, and
commercial space operations.
(b) Fee or Toll Discouraged.--The plan shall strongly
discourage the imposition of a user fee or toll on a bridge
over the Indian River at such location.
SEC. 207. PEARL RIVER MAINTENANCE.
(a) In General.--The Administrator shall coordinate with
the Chief of the Army Corps of Engineers to ensure the
continued navigability of the Pearl River and Little Lake
channels sufficient to support NASA barge operations
surrounding Stennis Space Center and the Michoud Assembly
Facility.
(b) Report to Congress.--Not later than 180 days after the
date of the enactment of this Act, the Administrator shall
submit to the appropriate committees of Congress a report on
efforts under subsection (a).
(c) Appropriate Committees of Congress.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Commerce, Science, and Transportation,
the Committee on Environment and Public Works, and the
Committee on Appropriations of the Senate; and
(2) the Committee on Science, Space, and Technology, the
Committee on Transportation and Infrastructure, and the
Committee on Appropriations of the House of Representatives.
SEC. 208. VALUE OF INTERNATIONAL SPACE STATION AND
CAPABILITIES IN LOW-EARTH ORBIT.
(a) Sense of Congress.--It is the sense of Congress that--
(1) it is in the national and economic security interests
of the United States to maintain a continuous human presence
in low-Earth orbit;
(2) low-Earth orbit should be used as a test bed to advance
human space exploration and scientific discoveries; and
(3) the ISS is a critical component of economic,
commercial, and industrial development in low-Earth orbit.
(b) Human Presence Requirement.--The United States shall
continuously maintain the capability for a continuous human
presence in low-Earth orbit through and beyond the useful
life of the ISS.
SEC. 209. EXTENSION AND MODIFICATION RELATING TO
INTERNATIONAL SPACE STATION.
(a) Policy.--Section 501(a) of the National Aeronautics and
Space Administration Authorization Act of 2010 (42 U.S.C.
18351(a)) is amended by striking ``2024'' and inserting
``2030''.
(b) Maintenance of United States Segment and Assurance of
Continued Operations.--Section 503(a) of the National
Aeronautics and Space Administration Authorization Act of
2010 (42 U.S.C. 18353(a)) is amended by striking ``September
30, 2024'' and inserting ``September 30, 2030''.
(c) Research Capacity Allocation and Integration of
Research Payloads.--Section 504(d) of the National
Aeronautics and Space Administration Authorization Act of
2010 (42 U.S.C. 18354(d)) is amended--
(1) in paragraph (1), in the first sentence--
(A) by striking ``As soon as practicable'' and all that
follows through ``2011,'' and inserting ``The''; and
(B) by striking ``September 30, 2024'' and inserting
``September 30, 2030''; and
(2) in paragraph (2), in the third sentence, by striking
``September 30, 2024'' and inserting ``September 30, 2030''.
(d) Maintenance of Use.--
(1) In general.--Section 70907 of title 51, United States
Code, is amended--
(A) in the section heading, by striking ``2024'' and
inserting ``2030'';
(B) in subsection (a), by striking ``September 30, 2024''
and inserting ``September 30, 2030''; and
(C) in subsection (b)(3), by striking ``September 30,
2024'' and inserting ``September 30, 2030''.
(e) Transition Plan Reports.--Section 50111(c)(2) of title
51, United States Code is amended--
(1) in the matter preceding subparagraph (A), by striking
``2023'' and inserting ``2028''; and
(2) in subparagraph (J), by striking ``2028'' and inserting
``2030''.
(f) Elimination of International Space Station National
Laboratory Advisory Committee.--Section 70906 of title 51,
United States Code, is repealed.
(g) Conforming Amendments.--Chapter 709 of title 51, United
States Code, is amended--
(1) by redesignating section 70907 as section 70906; and
(2) in the table of sections for the chapter, by striking
the items relating to sections 70906 and 70907 and inserting
the following:
``70906. Maintaining use through at least 2030.''.
SEC. 210. DEPARTMENT OF DEFENSE ACTIVITIES ON INTERNATIONAL
SPACE STATION.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall--
(1) identify and review each activity, program, and project
of the Department of Defense completed, being carried out, or
planned to be carried out on the ISS as of the date of the
review; and
(2) provide to the appropriate committees of Congress a
briefing that describes the results of the review.
(b) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Commerce, Science, and
Transportation of the Senate; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Science, Space, and
Technology of the House of Representatives.
SEC. 211. COMMERCIAL DEVELOPMENT IN LOW-EARTH ORBIT.
(a) Statement of Policy.--It is the policy of the United
States to encourage the development of a thriving and robust
United States commercial sector in low-Earth orbit.
(b) Preference for United States Commercial Products and
Services.--The Administrator shall continue to increase the
use of assets, products, and services of private entities in
the United States to fulfill the low-Earth orbit requirements
of the Administration.
(c) Noncompetition.--
(1) In general.--Except as provided in paragraph (2), the
Administrator may not offer to a foreign person or a foreign
government a spaceflight product or service relating to the
ISS, if a comparable spaceflight product or service, as
applicable, is offered by a private entity in the United
States.
(2) Exception.--The Administrator may offer a spaceflight
product or service relating to the ISS to the government of a
country that is a signatory to the Agreement Among the
Government of Canada, Governments of Member States of the
European Space Agency, the Government of Japan, the
Government of the Russian Federation, and the Government of
the United States of America Concerning Cooperation on the
Civil International Space Station, signed at Washington
January 29, 1998, and entered into force on March 27, 2001
(TIAS 12927), including an international partner astronaut
(as defined in section 50902 of title 51, United States Code)
that is sponsored by the government of such a country.
(d) Short-duration Commercial Missions.--To provide
opportunities for additional transport of astronauts to the
ISS and help establish a commercial market in low-Earth
orbit, the Administrator may permit short-duration missions
to the ISS for commercial passengers on a fully or partially
reimbursable basis.
(e) Program Authorization.--
(1) Establishment.--The Administrator shall establish a
low-Earth orbit commercial development program to encourage
the fullest commercial use and development of space by
private entities in the United States.
(2) Elements.--The program established under paragraph (1)
shall, to the maximum extent practicable, include
activities--
(A) to stimulate demand for--
(i) space-based commercial research, development, and
manufacturing;
(ii) spaceflight products and services; and
(iii) human spaceflight products and services in low-Earth
orbit;
(B) to improve the capability of the ISS to accommodate
commercial users; and
(C) subject to paragraph (3), to foster the development of
commercial space stations and habitats.
(3) Commercial space stations and habitats.--
(A) Priority.--With respect to an activity to develop a
commercial space station or habitat, the Administrator shall
give priority to an activity for which a private entity
provides a significant share of the cost to develop and
operate the activity.
(B) Report.--Not later than 30 days after the date that an
award or agreement is made
[[Page S7670]]
to carry out an activity to develop a commercial space
station or habitat, the Administrator shall submit to the
appropriate committees of Congress a report on the
development of the commercial space station or habitat, as
applicable, that includes--
(i) a business plan that describes the manner in which the
project will--
(I) meet the future requirements of NASA for low-Earth
orbit human space-flight services; and
(II) fulfill the cost-share funding prioritization under
subparagraph (A); and
(ii) a review of the viability of the operational business
case, including--
(I) the level of expected Government participation;
(II) a list of anticipated nongovernmental an international
customers and associated contributions; and
(III) an assessment of long-term sustainability for the
nongovernmental customers, including an independent
assessment of the viability of the market for such commercial
services or products.
SEC. 212. MAINTAINING A NATIONAL LABORATORY IN SPACE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States segment of the International Space
Station (as defined in section 70905 of title 51, United
States Code), which is designated as a national laboratory
under section 70905(b) of title 51, United States Code--
(A) benefits the scientific community and promotes commerce
in space;
(B) fosters stronger relationships among NASA and other
Federal agencies, the private sector, and research groups and
universities;
(C) advances science, technology, engineering, and
mathematics education through use of the unique microgravity
environment; and
(D) advances human knowledge and international cooperation;
(2) after the ISS is decommissioned, the United States
should maintain a national microgravity laboratory in space;
(3) in maintaining a national microgravity laboratory in
space, the United States should make appropriate
accommodations for different types of ownership and operation
arrangements for the ISS and future space stations;
(4) to the maximum extent practicable, a national
microgravity laboratory in space should be maintained in
cooperation with international space partners; and
(5) NASA should continue to support fundamental science
research on future platforms in low-Earth orbit and cislunar
space, orbital and suborbital flights, drop towers, and other
microgravity testing environments.
(b) Report.--The Administrator, in coordination with the
National Space Council and other Federal agencies as the
Administrator considers appropriate, shall issue a report
detailing the feasibility of establishing a microgravity
national laboratory federally funded research and development
center to carry out activities relating to the study and use
of in-space conditions.
SEC. 213. INTERNATIONAL SPACE STATION NATIONAL LABORATORY;
PROPERTY RIGHTS IN INVENTIONS.
(a) In General.--Subchapter III of chapter 201 of title 51,
United States Code, is amended by adding at the end the
following:
``Sec. 20150. Property rights in designated inventions
``(a) Exclusive Property Rights.--Notwithstanding section
3710a of title 15, chapter 18 of title 35, section 20135, or
any other provision of law, a designated invention shall be
the exclusive property of a user, and shall not be subject to
a Government-purpose license, if--
``(1)(A) the Administration is reimbursed under the terms
of the contract for the full cost of a contribution by the
Federal Government of the use of Federal facilities,
equipment, materials, proprietary information of the Federal
Government, or services of a Federal employee during working
hours, including the cost for the Administration to carry out
its responsibilities under paragraphs (1) and (4) of section
504(d) of the National Aeronautics and Space Administration
Authorization Act of 2010 (42 U.S.C. 18354(d));
``(B) Federal funds are not transferred to the user under
the contract; and
``(C) the designated invention was made (as defined in
section 20135(a))--
``(i) solely by the user; or
``(ii)(I) by the user with the services of a Federal
employee under the terms of the contract; and
``(II) the Administration is reimbursed for such services
under subparagraph (B); or
``(2) the Administrator determines that the relevant field
of commercial endeavor is sufficiently immature that granting
exclusive property rights to the user is necessary to help
bolster demand for products and services produced on crewed
or crew-tended space stations.
``(b) Notification to Congress.--On completion of a
determination made under paragraph (2), the Administrator
shall submit to the appropriate committees of Congress a
notification of the determination that includes a written
justification.
``(c) Public Availability.--A determination or part of such
determination under paragraph (1) shall be made available to
the public on request, as required under section 552 of title
5, United States Code (commonly referred to as the `Freedom
of Information Act').
``(d) Rule of Construction.--Nothing in this section may be
construed to affect the rights of the Federal Government,
including property rights in inventions, under any contract,
except in the case of a written contract with the
Administration or the ISS management entity for the
performance of a designated activity.
``(e) Definitions.--In this section--
``(1) Contract.--The term `contract' has the meaning giving
the term in section 20135(a).
``(2) Designated activity.--The term `designated activity'
means any non-NASA scientific use of the ISS national
laboratory as described in section 504 of the National
Aeronautics and Space Administration Authorization Act of
2010 (42 U.S.C. 18354).
``(3) Designated invention.--The term `designated
invention' means any invention, product, or service conceived
or first reduced to practice by any person in the performance
of a designated activity under a written contract with the
Administration or the ISS management entity.
``(4) Full cost.--The term `full cost' means the cost of
transporting materials or passengers to and from the ISS,
including any power needs, the disposal of mass, crew member
time, stowage, power on the ISS, data downlink, crew
consumables, and life support.
``(5) Government-purpose license.--The term `Government-
purpose license' means the reservation by the Federal
Government of an irrevocable, nonexclusive, nontransferable,
royalty-free license for the use of an invention throughout
the world by or on behalf of the United States or any foreign
government pursuant to a treaty or agreement with the United
States.
``(6) ISS management entity.--The term `ISS management
entity' means the organization with which the Administrator
enters into a cooperative agreement under section 504(a) of
the National Aeronautics and Space Administration
Authorization Act of 2010 (42 U.S.C. 18354(a)).
``(7) User.--The term `user' means a person, including a
nonprofit organization or small business firm (as such terms
are defined in section 201 of title 35), or class of persons
that enters into a written contract with the Administration
or the ISS management entity for the performance of
designated activities.''.
(b) Conforming Amendment.--The table of sections for
chapter 201 of title 51, United States Code, is amended by
inserting after the item relating to section 20149 the
following:
``20150. Property rights in designated inventions.''.
SEC. 214. DATA FIRST PRODUCED DURING NON-NASA SCIENTIFIC USE
OF THE ISS NATIONAL LABORATORY.
(a) Data Rights.--Subchapter III of chapter 201 of title
51, United States Code, as amended by section 213, is further
amended by adding at the end the following:
``Sec. 20151. Data rights
``(a) Non-NASA Scientific Use of the ISS National
Laboratory.--The Federal Government may not use or reproduce,
or disclose outside of the Government, any data first
produced in the performance of a designated activity under a
written contract with the Administration or the ISS
management entity, unless--
``(1) otherwise agreed under the terms of the contract with
the Administration or the ISS management entity, as
applicable;
``(2) the designated activity is carried out with Federal
funds;
``(3) disclosure is required by law;
``(4) the Federal Government has rights in the data under
another Federal contract, grant, cooperative agreement, or
other transaction; or
``(5) the data is--
``(A) otherwise lawfully acquired or independently
developed by the Federal Government;
``(B) related to the health and safety of personnel on the
ISS; or
``(C) essential to the performance of work by the ISS
management entity or NASA personnel.
``(b) Definitions.--In this section:
``(1) Contract.--The term `contract' has the meaning given
the term under section 20135(a).
``(2) Data.--
``(A) In general.--The term `data' means recorded
information, regardless of form or the media on which it may
be recorded.
``(B) Inclusions.--The term `data' includes technical data
and computer software.
``(C) Exclusions.--The term `data' does not include
information incidental to contract administration, such as
financial, administrative, cost or pricing, or management
information.
``(3) Designated activity.--The term `designated activity'
has the meaning given the term in section 20150.
``(4) ISS management entity.--The term `ISS management
entity' has the meaning given the term in section 20150.''.
(b) Special Handling of Trade Secrets or Confidential
Information.--Section 20131(b)(2) of title 51, United States
Code, is amended to read as follows:
``(2) Information described.--
``(A) Activities under agreement.--Information referred to
in paragraph (1) is information that--
``(i) results from activities conducted under an agreement
entered into under subsections (e) and (f) of section 20113;
and
[[Page S7671]]
``(ii) would be a trade secret or commercial or financial
information that is privileged or confidential within the
meaning of section 552(b)(4) of title 5 if the information
had been obtained from a non-Federal party participating in
such an agreement.
``(B) Certain data.--Information referred to in paragraph
(1) includes data (as defined in section 20151) that--
``(i) was first produced by the Administration in the
performance of any designated activity (as defined in section
20150); and
``(ii) would be a trade secret or commercial or financial
information that is privileged or confidential within the
meaning of section 552(b)(4) of title 5 if the data had been
obtained from a non-Federal party.''.
(c) Conforming Amendment.--The table of sections for
chapter 201 of title 51, United States Code, as amended by
section 213, is further amended by inserting after the item
relating to section 20150 the following:
``20151. Data rights.''.
SEC. 215. PAYMENTS RECEIVED FOR COMMERCIAL SPACE-ENABLED
PRODUCTION ON THE ISS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Administrator should determine a threshold for NASA
to recover the costs of supporting the commercial development
of products or services aboard the ISS, through the
negotiation of agreements, similar to agreements made by
other Federal agencies that support private sector
innovation; and
(2) the amount of such costs that to be recovered or
profits collected through such agreements should be applied
by the Administrator through a tiered process, taking into
consideration the relative maturity and profitability of the
applicable product or service.
(b) In General.--Subchapter III of chapter 201 of title 51,
United States Code, as amended by section 214, is further
amended by adding at the end the following:
``Sec. 20152. Payments received for commercial space-enable
production
``(a) Annual Review.--
``(1) In general.--Not later than one year after the date
of the enactment of this section, and annually thereafter,
the Administrator shall review the profitability of any
partnership with a private entity under a contract in which
the Administrator--
``(A) permits the use of the ISS by such private entities
to produce a commercial product or service; and
``(B) provides the total unreimbursed cost of a
contribution by the Federal Government for the use of Federal
facilities, equipment, materials, proprietary information of
the Federal Government, or services of a Federal employee
during working hours, including the cost for the
Administration to carry out its responsibilities under
paragraphs (1) and (4) of section 504(d) of the National
Aeronautics and Space Administration Authorization Act of
2010 (42 U.S.C. 18354(d)).
``(2) Negotiation of reimbursements.--Subject to the review
described in paragraph (1), the Administrator shall seek to
enter into an agreement to negotiate reimbursements for
payments received, or portions of profits created, by any
mature, profitable private entity described in that
paragraph, as appropriate, through a tiered process that
reflects the profitability of the relevant product or
service.
``(3) Use of funds.--Amounts received by the Administrator
in accordance with an agreement under paragraph (2) shall be
used by the Administrator in the following order of priority:
``(A) To defray the operating cost of the ISS.
``(B) To develop, implement, or operate future low-Earth
orbit platforms or capabilities.
``(C) To develop, implement, or operate future human deep
space platforms or capabilities.
``(D) Any other costs the Administrator considers
appropriate.
``(4) Report.--On completion of the first annual review
under paragraph (1), and annually thereafter, the
Administrator shall submit to the appropriate committees of
Congress a report that includes a description of the results
of the annual review, any agreement entered into under this
section, and the amounts recouped or obtained under any such
agreement.
``(b) Licensing and Assignment of Inventions.--
Notwithstanding sections 3710a and 3710c of title 15 and any
other provision of law, after payment in accordance with
subsection (A)(i) of such section 3710c(a)(1)(A)(i) to the
inventors who have directly assigned to the Federal
Government their interests in an invention under a written
contract with the Administration or the ISS management entity
for the performance of a designated activity, the balance of
any royalty or other payment received by the Administrator or
the ISS management entity from licensing and assignment of
such invention shall be paid by the Administrator or the ISS
management entity, as applicable, to the Space Exploration
Fund.
``(c) Space Exploration Fund.--
``(1) Establishment.--There is established in the Treasury
of the United States a fund, to be known as the `Space
Exploration Fund' (referred to in this subsection as the
`Fund'), to be administered by the Administrator.
``(2) Use of fund.--The Fund shall be available to carry
out activities described in subsection (a)(3).
``(3) Deposits.--There shall be deposited in the Fund--
``(A) amounts appropriated to the Fund;
``(B) fees and royalties collected by the Administrator or
the ISS management entity under subsections (a) and (b); and
``(C) donations or contributions designated to support
authorized activities.
``(4) Rule of construction.--Amounts available to the
Administrator under this subsection shall be--
``(A) in addition to amounts otherwise made available for
the purpose described in paragraph (2); and
``(B) available for a period of 5 years, to the extent and
in the amounts provided in annual appropriation Acts.
``(d) Definitions.--
``(1) In general.--In this section, any term used in this
section that is also used in section 20150 shall have the
meaning given the term in that section.
``(2) Appropriate committees of congress.--The term
`appropriate committees of Congress' means--
``(A) the Committee on Commerce, Science, and
Transportation and the Committee on Appropriations of the
Senate; and
``(B) the Committee on Science, Space, and Technology and
the Committee on Appropriations of the House of
Representatives.''.
(c) Conforming Amendment.--The table of sections for
chapter 201 of title 51, United States Code, as amended by
section and 214, is further amended by inserting after the
item relating to section 20151 the following:
``20152. Payments received for commercial space-enabled production.''.
SEC. 216. STEPPING STONE APPROACH TO EXPLORATION.
(a) In General.--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 Administrator, in sustainable steps,
may conduct missions to intermediate destinations, such as
the Moon, in accordance with section 20302(b), 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)), if the Administrator--
``(1) determines that each such mission demonstrates or
advances a technology or operational concept that will enable
human missions to Mars; and
``(2) incorporates each such mission into the human
exploration roadmap under section 432 of the National
Aeronautics and Space Administration Transition Authorization
Act of 2017 (Public Law 115-10; 51 U.S.C. 20302 note).
``(b) Cislunar Space Exploration Activities.--In conducting
a mission under subsection (a), the Administrator shall--
``(1) use a combination of launches of the Space Launch
System and space transportation services from United States
commercial providers, as appropriate, for the mission;
``(2) plan for not fewer than 1 Space Launch System launch
annually beginning after the first successful crewed launch
of Orion on the Space Launch System; and
``(3) establish an outpost in orbit around the Moon that--
``(A) demonstrates technologies, systems, and operational
concepts directly applicable to the space vehicle that will
be used to transport humans to Mars;
``(B) has the capability for periodic human habitation; and
``(C) can function as a point of departure, return, or
staging for Administration or nongovernmental or
international partner missions to multiple locations on the
lunar surface or other destinations.
``(c) Cost-effectiveness.--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 nongovernmental and international partners, to
ensure that activities in the Administration's human space
exploration program are balanced in order to help meet the
requirements of future exploration and utilization activities
leading to human habitation on the surface of Mars.
``(d) 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 delay.
``(e) International Participation.--To achieve the goal of
successfully conducting a crewed mission to the surface of
Mars, the Administrator shall invite the partners in the ISS
program and other nations, as appropriate, to participate in
an international initiative under the leadership of the
United States.''.
(b) Definition of Cislunar Space.--Section 10101 of title
51, United States Code, is amended by adding at the end the
following:
``(3) Cislunar space.--The term `cislunar space' means the
region of space beyond low-Earth orbit out to and including
the region around the surface of the Moon.''.
(c) Technical and Conforming Amendments.--Section 3 of the
National Aeronautics and Space Administration Authorization
Act of 2010 (42 U.S.C. 18302) is amended by striking
paragraphs (2) and (3) and inserting the following:
``(2) Appropriate committees of congress.--The term
`appropriate committees of Congress' means--
``(A) the Committee on Commerce, Science, and
Transportation of the Senate; and
[[Page S7672]]
``(B) the Committee on Science, Space, and Technology of
the House of Representatives.
``(3) Cislunar space.--The term `cislunar space' means the
region of space beyond low-Earth orbit out to and including
the region around the surface of the Moon.''.
SEC. 217. TECHNICAL AMENDMENTS RELATING TO ARTEMIS MISSIONS.
(a) Section 421 of the National Aeronautics and Space
Administration Authorization Act of 2017 (Public Law 115-10;
51 U.S.C. 20301 note) is amended--
(1) in subsection (c)(3)--
(A) by striking ``EM-1'' and inserting ``Artemis I'';
(B) by striking ``EM-2'' and inserting ``Artemis II''; and
(C) by striking ``EM-3'' and inserting ``Artemis III''; and
(2) in subsection (f)(3), by striking ``EM-3'' and
inserting ``Artemis III''.
(b) Section 432(b) of the National Aeronautics and Space
Administration Authorization Act of 2017 (Public Law 115-10;
51 U.S.C. 20302 note) is amended--
(1) in paragraph (3)(D)--
(A) by striking ``EM-1'' and inserting ``Artemis I''; and
(B) by striking ``EM-2'' and inserting ``Artemis II''; and
(2) in paragraph (4)(C), by striking ``EM-3'' and inserting
``Artemis III''.
TITLE III--SCIENCE
SEC. 301. SCIENCE PRIORITIES.
(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 decadal surveys of the National Academies of
Sciences, Engineering, and Medicine.
(b) National Academies Decadal Surveys.--Section 20305(c)
of title 51, United States Code, is amended--
(1) by striking ``The Administrator shall'' and inserting
the following:
``(1) Reexamination of priorities by national academies.--
The Administrator shall''; and
(2) by adding at the end the following:
``(2) Reexamination of priorities by administrator.--If the
Administrator decides to reexamine the applicability of the
priorities of the decadal surveys to the missions and
activities of the Administration due to scientific
discoveries or external factors, the Administrator shall
consult with the relevant committees of the National
Academies.''.
SEC. 302. LUNAR DISCOVERY PROGRAM.
(a) In General.--The Administrator may carry out a program
to conduct lunar science research, including missions to the
surface of the Moon, that materially contributes to the
objective described in section 20102(d)(1) of title 51,
United States Code.
(b) Commercial Landers.--In carrying out the program under
subsection (a), the Administrator shall procure the services
of commercial landers developed primarily by United States
industry to land science payloads of all classes on the lunar
surface.
(c) Lunar Science Research.--The Administrator shall ensure
that lunar science research carried out under subsection (a)
is consistent with recommendations made by the National
Academies of Sciences, Engineering, and Medicine.
(d) Lunar Polar Volatiles.--In carrying out the program
under subsection (a), the Administrator shall, at the
earliest opportunity, consider mission proposals to evaluate
the potential of lunar polar volatiles to contribute to
sustainable lunar exploration.
SEC. 303. SEARCH FOR LIFE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the report entitled ``An Astrobiology Strategy for the
Search for Life in the Universe'' published by the National
Academies of Sciences, Engineering, and Medicine outlines the
key scientific questions and methods for fulfilling the
objective of NASA to search for the origin, evolution,
distribution, and future of life in the universe; and
(2) the interaction of lifeforms with their environment, a
central focus of astrobiology research, is a topic of broad
significance to life sciences research in space and on Earth.
(b) Program Continuation.--
(1) In general.--The Administrator shall continue to
implement a collaborative, multidisciplinary science and
technology development program to search for proof of the
existence or historical existence of life beyond Earth in
support of the objective described in section 20102(d)(10) of
title 51, United States Code.
(2) Element.--The program under paragraph (1) shall include
activities relating to astronomy, biology, geology, and
planetary science.
(3) Coordination with life sciences program.--In carrying
out the program under paragraph (1), the Administrator shall
coordinate efforts with the life sciences program of the
Administration.
(4) Technosignatures.--In carrying out the program under
paragraph (1), the Administrator shall support activities to
search for and analyze technosignatures.
(5) Instrumentation and sensor technology.--In carrying out
the program under paragraph (1), the Administrator may
strategically invest in the development of new
instrumentation and sensor technology.
SEC. 304. JAMES WEBB SPACE TELESCOPE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the James Webb Space Telescope will be the next premier
observatory in space and has great potential to further
scientific study and assist scientists in making new
discoveries in the field of astronomy;
(2) the James Webb Space Telescope was developed as an
ambitious project with a scope that was not fully defined at
inception and with risk that was not fully known or
understood;
(3) despite the major technology development and innovation
that was needed to construct the James Webb Space Telescope,
major negative impacts to the cost and schedule of the James
Webb Space Telescope resulted from poor program management
and poor contractor performance;
(4) the Administrator should take into account the lessons
learned from the cost and schedule issues relating to the
development of the James Webb Space Telescope in making
decisions regarding the scope of and the technologies needed
for future scientific missions; and
(5) in selecting future scientific missions, the
Administrator should take into account the impact that large
programs that overrun cost and schedule estimates may have on
other NASA programs in earlier phases of development.
(b) Project Continuation.--The Administrator shall
continue--
(1) to closely track the cost and schedule performance of
the James Webb Space Telescope project; and
(2) to improve the reliability of cost estimates and
contractor performance data throughout the remaining
development of the James Webb Space Telescope.
(c) Revised Estimate.--Due to delays to the James Webb
Space Telescope project resulting from the COVID-19 pandemic,
the Administrator shall provide to Congress--
(1) an estimate of any increase to program development
costs, if such costs are anticipated to exceed
$8,802,700,000; and
(2) an estimate for a revised launch date.
SEC. 305. WIDE-FIELD INFRARED SURVEY TELESCOPE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) major growth in the cost of astrophysics flagship-class
missions has impacted the overall portfolio balance of the
Science Mission Directorate; and
(2) the Administrator should continue to develop the Wide-
Field Infrared Survey Telescope with a development cost of
not more than $3,200,000,000.
(b) Project Continuation.--The Administrator shall continue
to develop the Wide-Field Infrared Survey Telescope to meet
the objectives outlined in the 2010 decadal survey on
astronomy and astrophysics of the National Academies of
Sciences, Engineering, and Medicine in a manner that
maximizes scientific productivity based on the resources
invested.
SEC. 306. STUDY ON SATELLITE SERVICING FOR SCIENCE MISSIONS.
(a) In General.--The Administrator shall conduct a study on
the feasibility of using in-space robotic refueling, repair,
or refurbishment capabilities to extend the useful life of
telescopes and other science missions that are operational or
in development as of the date of the enactment of this Act.
(b) Elements.--The study conducted under subsection (a)
shall include the following:
(1) An identification of the technologies and in-space
testing required to demonstrate the in-space robotic
refueling, repair, or refurbishment capabilities described in
that subsection.
(2) The projected cost of using such capabilities,
including the cost of extended operations for science
missions described in that subsection.
(c) Briefing.--Not later than 1 year after the date of the
enactment of this Act, the Administrator shall provide to the
appropriate committees of Congress a briefing on the results
of the study conducted under subsection (a).
(d) Public Availability.--Not later than 30 days after the
Administrator provides the briefing under subsection (c), the
Administrator shall make the study conducted under subsection
(a) available to the public.
SEC. 307. EARTH SCIENCE MISSIONS AND PROGRAMS.
(a) Sense of Congress.--It is the sense of Congress that
the Earth Science Division of NASA plays an important role in
national efforts--
(1) to collect and use Earth observations in service to
society; and
(2) to understand global change.
(b) Earth Science Missions and Programs.--With respect to
the missions and programs of the Earth Science Division, the
Administrator shall, to the maximum extent practicable,
follow the recommendations and guidance provided by the
scientific community through the decadal survey for Earth
science and applications from space of the National Academies
of Sciences, Engineering, and Medicine, including--
(1) the science priorities described in such survey;
(2) the execution of the series of existing or previously
planned observations (commonly known as the ``program of
record''); and
(3) the development of a range of missions of all classes,
including opportunities for
[[Page S7673]]
principal investigator-led, competitively selected missions.
SEC. 308. LIFE SCIENCE AND PHYSICAL SCIENCE RESEARCH.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the 2011 decadal survey on biological and physical
sciences in space identifies--
(A) many areas in which fundamental scientific research is
needed to efficiently advance the range of human activities
in space, from the first stages of exploration to eventual
economic development; and
(B) many areas of basic and applied scientific research
that could use the microgravity, radiation, and other aspects
of the spaceflight environment to answer fundamental
scientific questions;
(2) given the central role of life science and physical
science research in developing the future of space
exploration, NASA should continue to invest strategically in
such research to maintain United States leadership in space
exploration; and
(3) such research remains important to the objectives of
NASA with respect to long-duration deep space human
exploration to the Moon and Mars.
(b) Program Continuation.--
(1) In general.--In support of the goals described in
section 20302 of title 51, United States Code, the
Administrator shall continue to implement a collaborative,
multidisciplinary life science and physical science
fundamental research program--
(A) to build a scientific foundation for the exploration
and development of space;
(B) to investigate the mechanisms of changes to biological
systems and physical systems, and the environments of those
systems in space, including the effects of long-duration
exposure to deep space-related environmental factors on those
systems;
(C) to understand the effects of combined deep space
radiation and altered gravity levels on biological systems so
as to inform the development and testing of potential
countermeasures;
(D) to understand physical phenomena in reduced gravity
that affect design and performance of enabling technologies
necessary for the space exploration program;
(E) to provide scientific opportunities to educate, train,
and develop the next generation of researchers and engineers;
and
(F) to provide state-of-the-art data repositories and
curation of large multi-data sets to enable comparative
research analyses.
(2) Elements.--The program under paragraph (1) shall--
(A) include fundamental research relating to life science,
space bioscience, and physical science; and
(B) maximize intra-agency and interagency partnerships to
advance space exploration, scientific knowledge, and benefits
to Earth.
(3) Use of facilities.--In carrying out the program under
paragraph (1), the Administrator may use ground-based, air-
based, and space-based facilities in low-Earth orbit and
beyond low-Earth orbit.
SEC. 309. SCIENCE MISSIONS TO MARS.
(a) In General.--The Administrator shall conduct 1 or more
science missions to Mars to enable the selection of 1 or more
sites for human landing.
(b) Sample Program.--The Administrator may carry out a
program--
(1) to collect samples from the surface of Mars; and
(2) to return such samples to Earth for scientific
analysis.
(c) Use of Existing Capabilities and Assets.--In carrying
out this section, the Administrator shall, to the maximum
extent practicable, use existing capabilities and assets of
NASA centers.
SEC. 310. PLANETARY DEFENSE COORDINATION OFFICE.
(a) Findings.--Congress makes the following findings:
(1) Near-Earth objects remain a threat to the United
States.
(2) Section 321(d)(1) of the National Aeronautics and Space
Administration Authorization Act of 2005 (Public Law 109-155;
119 Stat. 2922; 51 U.S.C. 71101 note prec.) established a
requirement that the Administrator plan, develop, and
implement a Near-Earth Object Survey program to detect,
track, catalogue, and characterize the physical
characteristics of near-Earth objects equal to or greater
than 140 meters in diameter in order to assess the threat of
such near-Earth objects to the Earth, with the goal of 90-
percent completion of the catalogue of such near-Earth
objects by December 30, 2020.
(3) The current planetary defense strategy of NASA
acknowledges that such goal will not be met.
(4) The report of the National Academies of Sciences,
Engineering, and Medicine entitled ``Finding Hazardous
Asteroids Using Infrared and Visible Wavelength Telescopes''
issued in 2019 states that--
(A) NASA cannot accomplish such goal with currently
available assets;
(B) NASA should develop and launch a dedicated space-based
infrared survey telescope to meet the requirements of section
321(d)(1) of the National Aeronautics and Space
Administration Authorization Act of 2005 (Public Law 109-155;
119 Stat. 2922; 51 U.S.C. 71101 note prec.); and
(C) the early detection of potentially hazardous near-Earth
objects enabled by a space-based infrared survey telescope is
important to enable deflection of a dangerous asteroid.
(b) Establishment of Planetary Defense Coordination
Office.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Administrator shall establish
an office within the Planetary Science Division of the
Science Mission Directorate, to be known as the ``Planetary
Defense Coordination Office'', to plan, develop, and
implement a program to survey threats posed by near-Earth
objects equal to or greater than 140 meters in diameter, as
required by section 321(d)(1) of the National Aeronautics and
Space Administration Authorization Act of 2005 (Public Law
109-155; 119 Stat. 2922; 51 U.S.C. 71101 note prec.).
(2) Activities.--The Administrator shall--
(A) develop and, not later than September 30, 2025, launch
a space-based infrared survey telescope that is capable of
detecting near-Earth objects equal to or greater than 140
meters in diameter, with preference given to planetary
missions selected by the Administrator as of the date of the
enactment of this Act to pursue concept design studies
relating to the development of a space-based infrared survey
telescope;
(B) identify, track, and characterize potentially hazardous
near-Earth objects and issue warnings of the effects of
potential impacts of such objects; and
(C) assist in coordinating Government planning for response
to a potential impact of a near-Earth object.
(c) Annual Report.--Section 321(f) of the National
Aeronautics and Space Administration Authorization Act of
2005 (Public Law 109-155; 119 Stat. 2922; 51 U.S.C. 71101
note prec.) is amended to read as follows:
``(f) Annual Report.--Not later than 180 days after the
date of the enactment of the National Aeronautics and Space
Administration Authorization Act of 2020, and annually
thereafter through 90-percent completion of the catalogue
required by subsection (d)(1), 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 the following:
``(1) A summary of all activities carried out by the
Planetary Defense Coordination Office established under
section 310(b)(1) of the National Aeronautics and Space
Administration Authorization Act of 2020 since the date of
enactment of that Act.
``(2) A description of the progress with respect to the
design, development, and launch of the space-based infrared
survey telescope required by section 310(b)(2)(A) of the
National Aeronautics and Space Administration Authorization
Act of 2020.
``(3) An assessment of the progress toward meeting the
requirements of subsection (d)(1).
``(4) A description of the status of efforts to coordinate
planetary defense activities in response to a threat posed by
a near-Earth object with other Federal agencies since the
date of enactment of the National Aeronautics and Space
Administration Authorization Act of 2020.
``(5) 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.
``(6) A summary of expenditures for all activities carried
out by the Planetary Defense Coordination Office since the
date of enactment of the National Aeronautics and Space
Administration Authorization Act of 2020.''.
(d) Limitation on Use of Funds.--None of the amounts
authorized to be appropriated by this Act for a fiscal year
may be obligated or expended for the Office of the
Administrator during the last 3 months of that fiscal year
unless the Administrator submits the report for that fiscal
year required by section 321(f) of the National Aeronautics
and Space Administration Authorization Act of 2005 (Public
Law 109-155; 119 Stat. 2922; 51 U.S.C. 71101 note prec.).
(e) Near-Earth Object Defined.--In this section, the term
``near-Earth object'' means an asteroid or comet with a
perihelion distance of less than 1.3 Astronomical Units from
the Sun.
SEC. 311. SUBORBITAL SCIENCE FLIGHTS.
(a) Sense of Congress.--It is the sense of Congress that
commercially available suborbital flight platforms enable
low-cost access to a microgravity environment to advance
science and train scientists and engineers under the
Suborbital Research Program established under section 802(c)
of the National Aeronautics and Space Administration
Authorization Act of 2010 (42 U.S.C. 18382(c)).
(b) Report.--
(1) In general.--Not later than 270 days after the date of
the enactment of this Act, the Administrator shall submit to
the appropriate committees of Congress a report evaluating
the manner in which suborbital flight platforms can
contribute to meeting the science objectives of NASA for the
Science Mission Directorate and the Human Exploration and
Operations Mission Directorate.
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A) An assessment of the advantages of suborbital flight
platforms to meet science objectives.
(B) An evaluation of the challenges to greater use of
commercial suborbital flight platforms for science purposes.
(C) An analysis of whether commercial suborbital flight
platforms can provide low-cost flight opportunities to test
lunar and Mars science payloads.
[[Page S7674]]
SEC. 312. EARTH SCIENCE DATA AND OBSERVATIONS.
(a) In General.--The Administrator shall to the maximum
extent practicable, make available to the public in an easily
accessible electronic database all data (including metadata,
documentation, models, data processing methods, images, and
research results) of the missions and programs of the Earth
Science Division of the Administration, or any successor
division.
(b) Open Data Program.--In carrying out subsection (a), the
Administrator shall establish and continue to operate an open
data program that--
(1) is consistent with the greatest degree of
interactivity, interoperability, and accessibility; and
(2) enables outside communities, including the research and
applications community, private industry, academia, and the
general public, to effectively collaborate in areas important
to--
(A) studying the Earth system and improving the prediction
of Earth system change; and
(B) improving model development, data assimilation
techniques, systems architecture integration, and
computational efficiencies; and
(3) meets basic end-user requirements for running on public
computers and networks located outside of secure
Administration information and technology systems.
(c) Hosting.--The program under subsection (b) shall use,
as appropriate and cost-effective, innovative strategies and
methods for hosting and management of part or all of the
program, including cloud-based computing capabilities.
(d) Rule of Construction.--Nothing in this section shall be
interpreted to require the Administrator to release
classified, proprietary, or otherwise restricted information
that would be harmful to the national security of the United
States.
SEC. 313. SENSE OF CONGRESS ON SMALL SATELLITE SCIENCE.
It is the sense of Congress that--
(1) small satellites--
(A) are increasingly robust, effective, and affordable
platforms for carrying out space science missions;
(B) can work in tandem with or augment larger NASA
spacecraft to support high-priority science missions of NASA;
and
(C) are cost effective solutions that may allow NASA to
continue collecting legacy observations while developing
next-generation science missions; and
(2) NASA should continue to support small satellite
research, development, technologies, and programs, including
technologies for compact and lightweight instrumentation for
small satellites.
SEC. 314. SENSE OF CONGRESS ON COMMERCIAL SPACE SERVICES.
It is the sense of Congress that--
(1) the Administration should explore partnerships with the
commercial space industry for space science missions in and
beyond Earth orbit, including partnerships relating to
payload and instrument hosting and commercially available
datasets; and
(2) such partnerships could result in increased mission
cadence, technology advancement, and cost savings for the
Administration.
SEC. 315. PROCEDURES FOR IDENTIFYING AND ADDRESSING ALLEGED
VIOLATIONS OF SCIENTIFIC INTEGRITY POLICY.
Not later than 180 days after the date of the enactment of
this Act, the Administrator shall develop and document
procedures for identifying and addressing alleged violations
of the scientific integrity policy of NASA.
TITLE IV--AERONAUTICS
SEC. 401. SHORT TITLE.
This title may be cited as the ``Aeronautics Innovation
Act''.
SEC. 402. DEFINITIONS.
In this title:
(1) Aeronautics strategic implementation plan.--The term
``Aeronautics Strategic Implementation Plan'' means the
Aeronautics Strategic Implementation Plan issued by the
Aeronautics Research Mission Directorate.
(2) Unmanned aircraft; unmanned aircraft system.--The terms
``unmanned aircraft'' and ``unmanned aircraft system'' have
the meanings given those terms in section 44801 of title 49,
United States Code.
(3) X-plane.--The term ``X-plane'' means an experimental
aircraft that is--
(A) used to test and evaluate a new technology or
aerodynamic concept; and
(B) operated by NASA or the Department of Defense.
SEC. 403. EXPERIMENTAL AIRCRAFT PROJECTS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) developing high-risk, precompetitive aerospace
technologies for which there is not yet a profit rationale is
a fundamental role of NASA;
(2) large-scale piloted flight test experimentation and
validation are necessary for--
(A) transitioning new technologies and materials, including
associated manufacturing processes, for general aviation,
commercial aviation, and military aeronautics use; and
(B) capturing the full extent of benefits from investments
made by the Aeronautics Research Mission Directorate in
priority programs called for in--
(i) the National Aeronautics Research and Development Plan
issued by the National Science and Technology Council in
February 2010;
(ii) the NASA 2014 Strategic Plan;
(iii) the Aeronautics Strategic Implementation Plan; and
(iv) any updates to the programs called for in the plans
described in clauses (i) through (iii);
(3) a level of funding that adequately supports large-scale
piloted flight test experimentation and validation, including
related infrastructure, should be ensured over a sustained
period of time to restore the capacity of NASA--
(A) to see legacy priority programs through to completion;
and
(B) to achieve national economic and security objectives;
and
(4) NASA should not be directly involved in the Type
Certification of aircraft for current and future scheduled
commercial air service under part 121 or 135 of title 14,
Code of Federal Regulations, that would result in reductions
in crew augmentation or single pilot or autonomously operated
aircraft.
(b) Statement of Policy.--It is the policy of the United
States--
(1) to maintain world leadership in--
(A) military and civilian aeronautical science and
technology;
(B) global air power projection; and
(C) aerospace industrialization; and
(2) to maintain as a fundamental objective of NASA
aeronautics research the steady progression and expansion of
flight research and capabilities, including the science and
technology of critical underlying disciplines and
competencies, such as--
(A) computational-based analytical and predictive tools and
methodologies;
(B) aerothermodynamics;
(C) propulsion;
(D) advanced materials and manufacturing processes;
(E) high-temperature structures and materials; and
(F) guidance, navigation, and flight controls.
(c) Establishment and Continuation of X-plane Projects.--
(1) In general.--The Administrator shall establish or
continue to implement, in a manner that is consistent with
the roadmap for supersonic aeronautics research and
development required by section 604(b) of the National
Aeronautics and Space Administration Transition Authorization
Act of 2017 (Public Law 115-10; 131 Stat. 55), the following
projects:
(A) A low-boom supersonic aircraft project to demonstrate
supersonic aircraft designs and technologies that--
(i) reduce sonic boom noise; and
(ii) assist the Administrator of the Federal Aviation
Administration in enabling--
(I) the safe commercial deployment of civil supersonic
aircraft technology; and
(II) the safe and efficient operation of civil supersonic
aircraft.
(B) A subsonic flight demonstrator aircraft project to
advance high-aspect-ratio, thin-wing aircraft designs and to
integrate propulsion, composites, and other technologies that
enable significant increases in energy efficiency and reduced
life-cycle emissions in the aviation system while reducing
noise and emissions.
(C) A series of large-scale X-plane demonstrators that
are--
(i) developed sequentially or in parallel; and
(ii) each based on a set of new configuration concepts or
technologies determined by the Administrator to demonstrate--
(I) aircraft and propulsion concepts and technologies and
related advances in alternative propulsion and energy; and
(II) flight propulsion concepts and technologies.
(2) Elements.--For each project under paragraph (1), the
Administrator shall--
(A) include the development of X-planes and all necessary
supporting flight test assets;
(B) pursue a robust technology maturation and flight test
validation effort;
(C) improve necessary facilities, flight testing
capabilities, and computational tools to support the project;
(D) award any primary contracts for design, procurement,
and manufacturing to United States persons, consistent with
international obligations and commitments;
(E) coordinate research and flight test demonstration
activities with other Federal agencies and the United States
aviation community, as the Administrator considers
appropriate; and
(F) ensure that the project is aligned with the Aeronautics
Strategic Implementation Plan and any updates to the
Aeronautics Strategic Implementation Plan.
(3) United states person defined.--In this subsection, the
term ``United States person'' means--
(A) a United States citizen or an alien lawfully admitted
for permanent residence to the United States; or
(B) an entity organized under the laws of the United States
or of any jurisdiction within the United States, including a
foreign branch of such an entity.
(d) Advanced Materials and Manufacturing Technology
Program.--
(1) In general.--The Administrator may establish an
advanced materials and manufacturing technology program--
(A) to develop--
(i) new materials, including composite and high-temperature
materials, from base material formulation through full-scale
structural validation and manufacture;
(ii) advanced materials and manufacturing processes,
including additive manufacturing,
[[Page S7675]]
to reduce the cost of manufacturing scale-up and
certification for use in general aviation, commercial
aviation, and military aeronautics; and
(iii) noninvasive or nondestructive techniques for testing
or evaluating aviation and aeronautics structures, including
for materials and manufacturing processes;
(B) to reduce the time it takes to design, industrialize,
and certify advanced materials and manufacturing processes;
(C) to provide education and training opportunities for the
aerospace workforce; and
(D) to address global cost and human capital
competitiveness for United States aeronautical industries and
technological leadership in advanced materials and
manufacturing technology.
(2) Elements.--In carrying out a program under paragraph
(1), the Administrator shall--
(A) build on work that was carried out by the Advanced
Composites Project of NASA;
(B) partner with the private and academic sectors, such as
members of the Advanced Composites Consortium of NASA, the
Joint Advanced Materials and Structures Center of Excellence
of the Federal Aviation Administration, the Manufacturing USA
institutes of the Department of Commerce, and national
laboratories, as the Administrator considers appropriate;
(C) provide a structure for managing intellectual property
generated by the program based on or consistent with the
structure established for the Advanced Composites Consortium
of NASA;
(D) ensure adequate Federal cost share for applicable
research; and
(E) coordinate with advanced manufacturing and composites
initiatives in other mission directorates of NASA, as the
Administrator considers appropriate.
(e) Research Partnerships.--In carrying out the projects
under subsection (c) and a program under subsection (d), the
Administrator may engage in cooperative research programs
with--
(1) academia; and
(2) commercial aviation and aerospace manufacturers.
SEC. 404. UNMANNED AIRCRAFT SYSTEMS.
(a) Unmanned Aircraft Systems Operation Program.--The
Administrator shall--
(1) research and test capabilities and concepts, including
unmanned aircraft systems communications, for integrating
unmanned aircraft systems into the national airspace system;
(2) leverage the partnership NASA has with industry focused
on the advancement of technologies for future air traffic
management systems for unmanned aircraft systems; and
(3) continue to align the research and testing portfolio of
NASA to inform the integration of unmanned aircraft systems
into the national airspace system, consistent with public
safety and national security objectives.
(b) Sense of Congress on Coordination With Federal Aviation
Administration.--It is the sense of Congress that--
(1) NASA should continue--
(A) to coordinate with the Federal Aviation Administration
on research on air traffic management systems for unmanned
aircraft systems; and
(B) to assist the Federal Aviation Administration in the
integration of air traffic management systems for unmanned
aircraft systems into the national airspace system; and
(2) the test ranges (as defined in section 44801 of title
49, United States Code) should continue to be leveraged for
research on--
(A) air traffic management systems for unmanned aircraft
systems; and
(B) the integration of such systems into the national
airspace system.
SEC. 405. 21ST CENTURY AERONAUTICS CAPABILITIES INITIATIVE.
(a) In General.--The Administrator may establish an
initiative, to be known as the ``21st Century Aeronautics
Capabilities Initiative'', within the Construction and
Environmental Compliance and Restoration Account, to ensure
that NASA possesses the infrastructure and capabilities
necessary to conduct proposed flight demonstration projects
across the range of NASA aeronautics interests.
(b) Activities.--In carrying out the 21st Century
Aeronautics Capabilities Initiative, the Administrator may
carry out the following activities:
(1) Any investments the Administrator considers necessary
to upgrade and create facilities for civil and national
security aeronautics research to support advancements in--
(A) long-term foundational science and technology;
(B) advanced aircraft systems;
(C) air traffic management systems;
(D) fuel efficiency;
(E) electric propulsion technologies;
(F) system-wide safety assurance;
(G) autonomous aviation; and
(H) supersonic and hypersonic aircraft design and
development.
(2) Any measures the Administrator considers necessary to
support flight testing activities, including--
(A) continuous refinement and development of free-flight
test techniques and methodologies;
(B) upgrades and improvements to real-time tracking and
data acquisition; and
(C) such other measures relating to aeronautics research
support and modernization as the Administrator considers
appropriate to carry out the scientific study of the problems
of flight, with a view to practical solutions for such
problems.
SEC. 406. SENSE OF CONGRESS ON ON-DEMAND AIR TRANSPORTATION.
It is the sense of Congress that--
(1) greater use of high-speed air transportation, small
airports, helipads, vertical flight infrastructure, and other
aviation-related infrastructure can alleviate surface
transportation congestion and support economic growth within
cities;
(2) with respect to urban air mobility and related
concepts, NASA should continue--
(A) to conduct research focused on concepts, technologies,
and design tools; and
(B) to support the evaluation of advanced technologies and
operational concepts that can be leveraged by--
(i) industry to develop future vehicles and systems; and
(ii) the Federal Aviation Administration to support vehicle
safety and operational certification; and
(3) NASA should leverage ongoing efforts to develop
advanced technologies to actively support the research needed
for on-demand air transportation.
SEC. 407. SENSE OF CONGRESS ON HYPERSONIC TECHNOLOGY
RESEARCH.
It is the sense of Congress that--
(1) hypersonic technology is critical to the development of
advanced high-speed aerospace vehicles for both civilian and
national security purposes;
(2) for hypersonic vehicles to be realized, research is
needed to overcome technical challenges, including in
propulsion, advanced materials, and flight performance in a
severe environment;
(3) NASA plays a critical role in supporting fundamental
hypersonic research focused on system design, analysis and
validation, and propulsion technologies;
(4) NASA research efforts in hypersonic technology should
complement research supported by the Department of Defense to
the maximum extent practicable, since contributions from both
agencies working in partnership with universities and
industry are necessary to overcome key technical challenges;
(5) previous coordinated research programs between NASA and
the Department of Defense enabled important progress on
hypersonic technology;
(6) the commercial sector could provide flight platforms
and other capabilities that are able to host and support NASA
hypersonic technology research projects; and
(7) in carrying out hypersonic technology research
projects, the Administrator should--
(A) focus research and development efforts on high-speed
propulsion systems, reusable vehicle technologies, high-
temperature materials, and systems analysis;
(B) coordinate with the Department of Defense to prevent
duplication of efforts and of investments;
(C) include partnerships with universities and industry to
accomplish research goals; and
(D) maximize public-private use of commercially available
platforms for hosting research and development flight
projects.
TITLE V--SPACE TECHNOLOGY
SEC. 501. SPACE TECHNOLOGY MISSION DIRECTORATE.
(a) Sense of Congress.--It is the sense of Congress that an
independent Space Technology Mission Directorate is critical
to ensuring continued investments in the development of
technologies for missions across the portfolio of NASA,
including science, aeronautics, and human exploration.
(b) Space Technology Mission Directorate.--The
Administrator shall maintain a Space Technology Mission
Directorate consistent with section 702 of the National
Aeronautics and Space Administration Transition Authorization
Act of 2017 (51 U.S.C. 20301 note).
SEC. 502. FLIGHT OPPORTUNITIES PROGRAM.
(a) Sense of Congress.--It is the sense of Congress that
the Administrator should provide flight opportunities for
payloads to microgravity environments and suborbital
altitudes as required by section 907(c) of the National
Aeronautics and Space Administration Authorization Act of
2010 (42 U.S.C. 18405(c)), as amended by subsection (b).
(b) Establishment.--Section 907(c) of the National
Aeronautics and Space Administration Authorization Act of
2010 (42 U.S.C. 18405(c)) is amended to read as follows:
``(c) Establishment.--
``(1) In general.--The Administrator shall establish a
Commercial Reusable Suborbital Research Program within the
Space Technology Mission Directorate to fund--
``(A) the development of payloads for scientific research,
technology development, and education;
``(B) flight opportunities for those payloads to
microgravity environments and suborbital altitudes; and
``(C) transition of those payloads to orbital
opportunities.
``(2) Commercial reusable vehicle flights.--In carrying out
the Commercial Reusable Suborbital Research Program, the
Administrator may fund engineering and integration
demonstrations, proofs of concept, and educational
experiments for flights of commercial reusable vehicles.
``(3) Commercial suborbital launch vehicles.--In carrying
out the Commercial Reusable Suborbital Research Program, the
Administrator may not fund the development of new commercial
suborbital launch vehicles.
[[Page S7676]]
``(4) Working with mission directorates.--In carrying out
the Commercial Reusable Suborbital Research Program, the
Administrator shall work with the mission directorates of
NASA to achieve the research, technology, and education goals
of NASA.''.
(c) Conforming Amendment.--Section 907(b) of the National
Aeronautics and Space Administration Authorization Act of
2010 (42 U.S.C. 18405(b)) is amended, in the first sentence,
by striking ``Commercial Reusable Suborbital Research Program
in'' and inserting ``Commercial Reusable Suborbital Research
Program established under subsection (c)(1) within''.
SEC. 503. SMALL SPACECRAFT TECHNOLOGY PROGRAM.
(a) Sense of Congress.--It is the sense of Congress that
the Small Spacecraft Technology Program is important for
conducting science and technology validation for--
(1) short- and long-duration missions in low-Earth orbit;
(2) deep space missions; and
(3) deorbiting capabilities designed specifically for
smaller spacecraft.
(b) Accommodation of Certain Payloads.--In carrying out the
Small Spacecraft Technology Program, the Administrator shall,
as the mission risk posture and technology development
objectives allow, accommodate science payloads that further
the goal of long-term human exploration to the Moon and Mars.
SEC. 504. NUCLEAR PROPULSION TECHNOLOGY.
(a) Sense of Congress.--It is the sense of Congress that
nuclear propulsion is critical to the development of advanced
spacecraft for civilian and national defense purposes.
(b) Development; Studies.--The Administrator shall, in
coordination with the Secretary of Energy and the Secretary
of Defense--
(1) continue to develop the fuel element design for NASA
nuclear propulsion technology;
(2) undertake the systems feasibility studies for such
technology; and
(3) partner with members of commercial industry to conduct
studies on such technology.
(c) Nuclear Propulsion Technology Demonstration.--
(1) Determination; report.--Not later than December 31,
2021, the Administrator shall--
(A) determine the correct approach for conducting a flight
demonstration of nuclear propulsion technology; and
(B) submit to Congress a report on a plan for such a
demonstration.
(2) Demonstration.--Not later than December 31, 2026, the
Administrator shall conduct the flight demonstration
described in paragraph (1).
SEC. 505. MARS-FORWARD TECHNOLOGIES.
(a) Sense of Congress.--It is the sense of Congress that
the Administrator should pursue multiple technical paths for
entry, descent, and landing for Mars, including competitively
selected technology demonstration missions.
(b) Prioritization of Long-lead Technologies and Systems.--
The Administrator shall prioritize, within the Space
Technology Mission Directorate, research, testing, and
development of long-lead technologies and systems for Mars,
including technologies and systems relating to--
(1) entry, descent, and landing; and
(2) in-space propulsion, including nuclear propulsion,
cryogenic fluid management, in-situ large-scale additive
manufacturing, and electric propulsion (including solar
electric propulsion leveraging lessons learned from the power
and propulsion element of the lunar outpost) options.
(c) Technology Demonstration.--The Administrator may use
low-Earth orbit and cis-lunar missions, including missions to
the lunar surface, to demonstrate technologies for Mars.
SEC. 506. PRIORITIZATION OF LOW-ENRICHED URANIUM TECHNOLOGY.
(a) Sense of Congress.--It is the sense of Congress that--
(1) space technology, including nuclear propulsion
technology and space surface power reactors, should be
developed in a manner consistent with broader United States
foreign policy, national defense, and space exploration and
commercialization priorities;
(2) highly enriched uranium presents security and nuclear
nonproliferation concerns;
(3) since 1977, based on the concerns associated with
highly enriched uranium, the United States has promoted the
use of low-enriched uranium over highly enriched uranium in
nonmilitary contexts, including research and commercial
applications;
(4) as part of United States efforts to limit international
use of highly enriched uranium, the United States has
actively pursued--
(A) since 1978, the conversion of domestic and foreign
research reactors that use highly enriched uranium fuel to
low-enriched uranium fuel and the avoidance of any new
research reactors that use highly enriched uranium fuel; and
(B) since 1994, the elimination of international commerce
in highly enriched uranium for civilian purposes; and
(5) the use of low-enriched uranium in place of highly
enriched uranium has security, nonproliferation, and economic
benefits, including for the national space program.
(b) Prioritization of Low-enriched Uranium Technology.--The
Administrator shall--
(1) establish, within the Space Technology Mission
Directorate, a program for the research, testing, and
development of in-space reactor designs, including a surface
power reactor, that uses low-enriched uranium fuel; and
(2) prioritize the research, demonstration, and deployment
of such designs over designs using highly enriched uranium
fuel.
(c) Report on Nuclear Technology Prioritization.--Not later
than 120 days after the date of the enactment of this Act,
the Administrator shall submit to the appropriate committees
of Congress a report that--
(1) details the actions taken to implement subsection (b);
and
(2) identifies a plan and timeline under which such
subsection will be implemented.
(d) Definitions.--In this section:
(1) Highly enriched uranium.--The term ``highly enriched
uranium'' means uranium having an assay of 20 percent or
greater of the uranium-235 isotope.
(2) Low-enriched uranium.--The term ``low-enriched
uranium'' means uranium having an assay greater than the
assay for natural uranium but less than 20 percent of the
uranium-235 isotope.
SEC. 507. SENSE OF CONGRESS ON NEXT-GENERATION COMMUNICATIONS
TECHNOLOGY.
It is the sense of Congress that--
(1) optical communications technologies--
(A) will be critical to the development of next-generation
space-based communications networks;
(B) have the potential to allow NASA to expand the volume
of data transmissions in low-Earth orbit and deep space; and
(C) may provide more secure and cost-effective solutions
than current radio frequency communications systems;
(2) quantum encryption technology has promising
implications for the security of the satellite and
terrestrial communications networks of the United States,
including optical communications networks, and further
research and development by NASA with respect to quantum
encryption is essential to maintaining the security of the
United States and United States leadership in space; and
(3) in order to provide NASA with more secure and reliable
space-based communications, the Space Communications and
Navigation program office of NASA should continue--
(A) to support research on and development of optical
communications; and
(B) to develop quantum encryption capabilities, especially
as those capabilities apply to optical communications
networks.
SEC. 508. LUNAR SURFACE TECHNOLOGIES.
(a) Sense of Congress.--It is the sense of Congress that
the Administrator should--
(1) identify and develop the technologies needed to live on
and explore the lunar surface and prepare for future
operations on Mars;
(2) convene teams of experts from academia, industry, and
government to shape the technology development priorities of
the Administration for lunar surface exploration and
habitation; and
(3) establish partnerships with researchers, universities,
and the private sector to rapidly develop and deploy
technologies required for successful lunar surface
exploration.
(b) Development and Demonstration.--The Administrator shall
carry out a program, within the Space Technology Mission
Directorate, to conduct technology development and
demonstrations to enable human and robotic exploration on the
lunar surface.
(c) Research Consortium.--The Administrator shall establish
a consortium consisting of experts from academia, industry,
and government--
(1) to assist the Administrator in developing a cohesive,
executable strategy for the development and deployment of
technologies required for successful lunar surface
exploration; and
(2) to identify specific technologies relating to lunar
surface exploration that--
(A) should be developed to facilitate such exploration; or
(B) require future research and development.
(d) Research Awards.--
(1) In general.--The Administrator may task any member of
the research consortium established under subsection (c) with
conducting research and development with respect to a
technology identified under paragraph (2) of that subsection.
(2) Standard process for arrangements.--
(A) In general.--The Administrator shall develop a standard
process by which a consortium member tasked with research and
development under paragraph (1) may enter into a formal
arrangement with the Administrator to carry out such research
and development, such as an arrangement under section 702 or
703.
(B) Report.--Not later than 120 days after the date of the
enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report on the one or
more types of arrangement the Administrator intends to enter
into under this subsection.
TITLE VI--STEM ENGAGEMENT
SEC. 601. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) NASA serves as a source of inspiration to the people of
the United States; and
[[Page S7677]]
(2) NASA is uniquely positioned to help increase student
interest in science, technology, engineering, and math;
(3) engaging students, and providing hands-on experience at
an early age, in science, technology, engineering, and math
are important aspects of ensuring and promoting United States
leadership in innovation; and
(4) NASA should strive to leverage its unique position--
(A) to increase kindergarten through grade 12 involvement
in NASA projects;
(B) to enhance higher education in STEM fields in the
United States;
(C) to support individuals who are underrepresented in
science, technology, engineering, and math fields, such as
women, minorities, and individuals in rural areas; and
(D) to provide flight opportunities for student experiments
and investigations.
SEC. 602. STEM EDUCATION ENGAGEMENT ACTIVITIES.
(a) In General.--The Administrator shall continue to
provide opportunities for formal and informal STEM education
engagement activities within the Office of NASA STEM
Engagement and other NASA directorates, including--
(1) the Established Program to Stimulate Competitive
Research;
(2) the Minority University Research and Education Project;
and
(3) the National Space Grant College and Fellowship
Program.
(b) Leveraging NASA National Programs to Promote STEM
Education.--The Administrator, in partnership with museums,
nonprofit organizations, and commercial entities, shall, to
the maximum extent practicable, leverage human spaceflight
missions, Deep Space Exploration Systems (including the Space
Launch System, Orion, and Exploration Ground Systems), and
NASA science programs to engage students at the kindergarten
through grade 12 and higher education levels to pursue
learning and career opportunities in STEM fields.
(c) Briefing.--Not later than 1 year after the date of the
enactment of this Act, the Administrator shall brief the
appropriate committees of Congress on--
(1) the status of the programs described in subsection (a);
and
(2) the manner by which each NASA STEM education engagement
activity is organized and funded.
(d) STEM Education Defined.--In this section, the term
``STEM education'' has the meaning given the term in section
2 of the STEM Education Act of 2015 (Public Law 114-59; 42
U.S.C. 6621 note).
SEC. 603. SKILLED TECHNICAL EDUCATION OUTREACH PROGRAM.
(a) Establishment.--The Administrator shall establish a
program to conduct outreach to secondary school students--
(1) to expose students to careers that require career and
technical education; and
(2) to encourage students to pursue careers that require
career and technical education.
(b) Outreach Plan.--Not later than 180 days after the date
of the enactment of this Act, the Administrator shall submit
to the appropriate committees of Congress a report on the
outreach program under subsection (a) that includes--
(1) an implementation plan;
(2) a description of the resources needed to carry out the
program; and
(3) any recommendations on expanding outreach to secondary
school students interested in skilled technical occupations.
(c) Systems Observation.--
(1) In general.--The Administrator shall develop a program
and associated policies to allow students from accredited
educational institutions to view the manufacturing, assembly,
and testing of NASA-funded space and aeronautical systems, as
the Administrator considers appropriate.
(2) Considerations.--In developing the program and policies
under paragraph (1), the Administrator shall take into
consideration factors such as workplace safety, mission
needs, and the protection of sensitive and proprietary
technologies.
SEC. 604. NATIONAL SPACE GRANT COLLEGE AND FELLOWSHIP
PROGRAM.
(a) Purposes.--Section 40301 of title 51, United States
Code, is amended--
(1) in paragraph (3)--
(A) in subparagraph (B), by striking ``and'' at the end;
(B) in subparagraph (C), by adding ``and'' after the
semicolon at the end; and
(C) by adding at the end the following:
``(D) promote equally the State and regional STEM interests
of each space grant consortium;''; and
(2) in paragraph (4), by striking ``made up of university
and industry members, in order to advance'' and inserting
``comprised of members of universities in each State and
other entities, such as 2-year colleges, industries, science
learning centers, museums, and government entities, to
advance''.
(b) Definitions.--Section 40302 of title 51, United States
Code, is amended--
(1) by striking paragraph (3);
(2) by inserting after paragraph (2) the following:
``(3) Lead institution.--The term `lead institution' means
an entity in a State that--
``(A) was designated by the Administrator under section
40306, as in effect on the day before the date of the
enactment of the National Aeronautics and Space
Administration Authorization Act of 2020; or
``(B) is designated by the Administrator under section
40303(d)(3).'';
(3) in paragraph (4), by striking ``space grant college,
space grant regional consortium, institution of higher
education,'' and inserting ``lead institution, space grant
consortium,'';
(4) by striking paragraphs (6), (7), and (8);
(5) by inserting after paragraph (5) the following:
``(6) Space grant consortium.--The term `space grant
consortium' means a State-wide group, led by a lead
institution, that has established partnerships with other
academic institutions, industries, science learning centers,
museums, and government entities to promote a strong
educational base in the space and aeronautical sciences.'';
(6) by redesignating paragraph (9) as paragraph (7);
(7) in paragraph (7)(B), as so redesignated, by inserting
``and aeronautics'' after ``space'';
(8) by striking paragraph (10); and
(9) by adding at the end the following:
``(8) STEM.--The term `STEM' means science, technology,
engineering, and mathematics.''.
(c) Program Objective.--Section 40303 of title 51, United
States Code, is amended--
(1) by striking subsections (d) and (e);
(2) by redesignating subsection (c) as subsection (e); and
(3) by striking subsection (b) and inserting the following:
``(b) Program Objective.--
``(1) In general.--The Administrator shall carry out the
national space grant college and fellowship program with the
objective of providing hands-on research, training, and
education programs with measurable outcomes in each State,
including programs to provide--
``(A) internships, fellowships, and scholarships;
``(B) interdisciplinary hands-on mission programs and
design projects;
``(C) student internships with industry or university
researchers or at centers of the Administration;
``(D) faculty and curriculum development initiatives;
``(E) university-based research initiatives relating to the
Administration and the STEM workforce needs of each State; or
``(F) STEM engagement programs for kindergarten through
grade 12 teachers and students.
``(2) Program priorities.--In carrying out the objective
described in paragraph (1), the Administrator shall ensure
that each program carried out by a space grant consortium
under the national space grant college and fellowship program
balances the following priorities:
``(A) The space and aeronautics research needs of the
Administration, including the mission directorates.
``(B) The need to develop a national STEM workforce.
``(C) The STEM workforce needs of the State.
``(c) Program Administered Through Space Grant Consortia.--
The Administrator shall carry out the national space grant
college and fellowship program through the space grant
consortia.
``(d) Suspension; Termination; New Competition.--
``(1) Suspension.--The Administrator may, for cause and
after an opportunity for hearing, suspend a lead institution
that was designated by the Administrator under section 40306,
as in effect on the day before the date of the enactment of
the National Aeronautics and Space Administration
Authorization Act of 2020.
``(2) Termination.--If the issue resulting in a suspension
under paragraph (1) is not resolved within a period
determined by the Administrator, the Administrator may
terminate the designation of the entity as a lead
institution.
``(3) New competition.--If the Administrator terminates the
designation of an entity as a lead institution, the
Administrator may initiate a new competition in the
applicable State for the designation of a lead
institution.''.
(d) Grants.--Section 40304 of title 51, United States Code,
is amended to read as follows:
``Sec. 40304. Grants
``(a) Eligible Space Grant Consortium Defined.--In this
section, the term `eligible space grant consortium' means a
space grant consortium that the Administrator has
determined--
``(1) has the capability and objective to carry out not
fewer than 3 of the 6 programs under section 40303(b)(1);
``(2) will carry out programs that balance the priorities
described in section 40303(b)(2); and
``(3) is engaged in research, training, and education
relating to space and aeronautics.
``(b) Grants.--
``(1) In general.--The Administrator shall award grants to
the lead institutions of eligible space grant consortia to
carry out the programs under section 40303(b)(1).
``(2) Request for proposals.--
``(A) In general.--On the expiration of existing
cooperative agreements between the Administration and the
space grant consortia, the Administrator shall issue a
request for proposals from space grant consortia for the
award of grants under this section.
``(B) Applications.--A lead institution of a space grant
consortium that seeks a grant under this section shall
submit, on behalf of such space grant consortium, an
application to the Administrator at such time, in such
[[Page S7678]]
manner, and accompanied by such information as the
Administrator may require.
``(3) Grant awards.--The Administrator shall award 1 or
more 5-year grants, disbursed in annual installments, to the
lead institution of the eligible space grant consortium of--
``(A) each State;
``(B) the District of Columbia; and
``(C) the Commonwealth of Puerto Rico.
``(4) Use of funds.--A grant awarded under this section
shall be used by an eligible space grant consortium to carry
out not fewer than 3 of the 6 programs under section
40303(b)(1).
``(c) Allocation of Funding.--
``(1) Program implementation.--
``(A) In general.--To carry out the objective described in
section 40303(b)(1), of the funds made available each fiscal
year for the national space grant college and fellowship
program, the Administrator shall allocate not less than 85
percent as follows:
``(i) The 52 eligible space grant consortia shall each
receive an equal share.
``(ii) The territories of Guam and the United States Virgin
Islands shall each receive funds equal to approximately \1/5\
of the share for each eligible space grant consortia.
``(B) Matching requirement.--Each eligible space grant
consortium shall match the funds allocated under subparagraph
(A)(i) on a basis of not less than 1 non-Federal dollar for
every 1 Federal dollar, except that any program funded under
paragraph (3) or any program to carry out 1 or more
internships or fellowships shall not be subject to that
matching requirement.
``(2) Program administration.--
``(A) In general.--Of the funds made available each fiscal
year for the national space grant college and fellowship
program, the Administrator shall allocate not more than 10
percent for the administration of the program.
``(B) Costs covered.--The funds allocated under
subparagraph (A) shall cover all costs of the Administration
associated with the administration of the national space
grant college and fellowship program, including--
``(i) direct costs of the program, including costs relating
to support services and civil service salaries and benefits;
``(ii) indirect general and administrative costs of centers
and facilities of the Administration; and
``(iii) indirect general and administrative costs of the
Administration headquarters.
``(3) Special programs.--Of the funds made available each
fiscal year for the national space grant college and
fellowship program, the Administrator shall allocate not more
than 5 percent to the lead institutions of space grant
consortia established as of the date of the enactment of the
National Aeronautics and Space Administration Authorization
Act of 2020 for grants to carry out innovative approaches and
programs to further science and education relating to the
missions of the Administration and STEM disciplines.
``(d) Terms and Conditions.--
``(1) Limitations.--Amounts made available through a grant
under this section may not be applied to--
``(A) the purchase of land;
``(B) the purchase, construction, preservation, or repair
of a building; or
``(C) the purchase or construction of a launch facility or
launch vehicle.
``(2) Leases.--Notwithstanding paragraph (1), land,
buildings, launch facilities, and launch vehicles may be
leased under a grant on written approval by the
Administrator.
``(3) Records.--
``(A) In general.--Any person that receives or uses the
proceeds of a grant under this section shall keep such
records as the Administrator shall by regulation prescribe as
being necessary and appropriate to facilitate effective audit
and evaluation, including records that fully disclose the
amount and disposition by a recipient of such proceeds, the
total cost of the program or project in connection with which
such proceeds were used, and the amount, if any, of such cost
that was provided through other sources.
``(B) Maintenance of records.--Records under subparagraph
(A) shall be maintained for not less than 3 years after the
date of completion of such a program or project.
``(C) Access.--For the purpose of audit and evaluation, the
Administrator and the Comptroller General of the United
States shall have access to any books, documents, papers, and
records of receipts relating to a grant under this section,
as determined by the Administrator or Comptroller General.''.
(e) Program Streamlining.--Title 51, United States Code, is
amended--
(1) by striking sections 40305 through 40308, 40310, and
40311; and
(2) by redesignating section 40309 as section 40305.
(f) Conforming Amendment.--The table of sections at the
beginning of chapter 403 of title 51, United States Code, is
amended by striking the items relating to sections 40304
through 40311 and inserting the following:
``40304. Grants.
``40305. Availability of other Federal personnel and data.''.
TITLE VII--WORKFORCE AND INDUSTRIAL BASE
SEC. 701. APPOINTMENT AND COMPENSATION PILOT PROGRAM.
(a) Definition of Covered Provisions.--In this section, the
term ``covered provisions'' means the provisions of title 5,
United States Code, other than--
(1) section 2301 of that title;
(2) section 2302 of that title;
(3) chapter 71 of that title;
(4) section 7204 of that title; and
(5) chapter 73 of that title.
(b) Establishment.--There is established a 3-year pilot
program under which, notwithstanding section 20113 of title
51, United States Code, the Administrator may, with respect
to not more than 3,000 designated personnel--
(1) appoint and manage such designated personnel of the
Administration, without regard to the covered provisions; and
(2) fix the compensation of such designated personnel of
the Administration, without regard to chapter 51 and
subchapter III of chapter 53 of title 5, United States Code,
at a rate that does not exceed the per annum rate of salary
of the Vice President of the United States under section 104
of title 3, United States Code.
(c) Administrator Responsibilities.--In carrying out the
pilot program established under subsection (b), the
Administrator shall ensure that the pilot program--
(1) uses--
(A) state-of-the-art recruitment techniques;
(B) simplified classification methods with respect to
personnel of the Administration; and
(C) broad banding; and
(2) offers--
(A) competitive compensation; and
(B) the opportunity for career mobility.
SEC. 702. ESTABLISHMENT OF MULTI-INSTITUTION CONSORTIA.
(a) In General.--The Administrator, pursuant to section
2304(c)(3)(B) of title 10, United States Code, may--
(1) establish one or more multi-institution consortia to
facilitate access to essential engineering, research, and
development capabilities in support of NASA missions;
(2) use such a consortium to fund technical analyses and
other engineering support to address the acquisition,
technical, and operational needs of NASA centers; and
(3) ensure such a consortium--
(A) is held accountable for the technical quality of the
work product developed under this section; and
(B) convenes disparate groups to facilitate public-private
partnerships.
(b) Policies and Procedures.--The Administrator shall
develop and implement policies and procedures to govern, with
respect to the establishment of a consortium under subsection
(a)--
(1) the selection of participants;
(2) the award of cooperative agreements or other contracts;
(3) the appropriate use of competitive awards and sole
source awards; and
(4) technical capabilities required.
(c) Eligibility.--The following entities shall be eligible
to participate in a consortium established under subsection
(a):
(1) An institution of higher education (as defined in
section 102 of the Higher Education Act of 1965 (20 U.S.C.
1002)).
(2) An operator of a federally funded research and
development center.
(3) A nonprofit or not-for-profit research institution.
(4) A consortium composed of--
(A) an entity described in paragraph (1), (2), or (3); and
(B) one or more for-profit entities.
SEC. 703. EXPEDITED ACCESS TO TECHNICAL TALENT AND EXPERTISE.
(a) In General.--The Administrator may--
(1) establish one or more multi-institution task order
contracts, consortia, cooperative agreements, or other
arrangements to facilitate expedited access to eligible
entities in support of NASA missions; and
(2) use such a multi-institution task order contract,
consortium, cooperative agreement, or other arrangement to
fund technical analyses and other engineering support to
address the acquisition, technical, and operational needs of
NASA centers.
(b) Consultation With Other NASA-affiliated Entities.--To
ensure access to technical expertise and reduce costs and
duplicative efforts, a multi-institution task order contract,
consortium, cooperative agreement, or any other arrangement
established under subsection (a)(1) shall, to the maximum
extent practicable, be carried out in consultation with other
NASA-affiliated entities, including federally funded research
and development centers, university-affiliated research
centers, and NASA laboratories and test centers.
(c) Policies and Procedures.--The Administrator shall
develop and implement policies and procedures to govern, with
respect to the establishment of a multi-institution task
order contract, consortium, cooperative agreement, or any
other arrangement under subsection (a)(1)--
(1) the selection of participants;
(2) the award of task orders;
(3) the maximum award size for a task;
(4) the appropriate use of competitive awards and sole
source awards; and
(5) technical capabilities required.
(d) Eligible Entity Defined.--In this section, the term
``eligible entity'' means--
(1) an institution of higher education (as defined in
section 102 of the Higher Education Act of 1965 (20 U.S.C.
1002));
(2) an operator of a federally funded research and
development center;
(3) a nonprofit or not-for-profit research institution; and
(4) a consortium composed of--
(A) an entity described in paragraph (1), (2), or (3); and
(B) one or more for-profit entities.
[[Page S7679]]
SEC. 704. REPORT ON INDUSTRIAL BASE FOR CIVIL SPACE MISSIONS
AND OPERATIONS.
(a) In General.--Not later than 1 year after the date of
the enactment of this Act, and from time to time thereafter,
the Administrator shall submit to the appropriate committees
of Congress a report on the United States industrial base for
NASA civil space missions and operations.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) A comprehensive description of the current status of
the United States industrial base for NASA civil space
missions and operations.
(2) A description and assessment of the weaknesses in the
supply chain, skills, manufacturing capacity, raw materials,
key components, and other areas of the United States
industrial base for NASA civil space missions and operations
that could adversely impact such missions and operations if
unavailable.
(3) A description and assessment of various mechanisms to
address and mitigate the weaknesses described pursuant to
paragraph (2).
(4) A comprehensive list of the collaborative efforts,
including future and proposed collaborative efforts, between
NASA and the Manufacturing USA institutes of the Department
of Commerce.
(5) An assessment of--
(A) the defense and aerospace manufacturing supply chains
relevant to NASA in each region of the United States; and
(B) the feasibility and benefits of establishing a supply
chain center of excellence in a State in which NASA does not,
as of the date of the enactment of this Act, have a research
center or test facility.
(6) Such other matters relating to the United States
industrial base for NASA civil space missions and operations
as the Administrator considers appropriate.
SEC. 705. SEPARATIONS AND RETIREMENT INCENTIVES.
Section 20113 of title 51, United States Code, is amended
by adding at the end the following:
``(o) Provisions Related to Separation and Retirement
Incentives.--
``(1) Definition.--In this subsection, the term
`employee'--
``(A) means an employee of the Administration serving under
an appointment without time limitation; and
``(B) does not include--
``(i) a reemployed annuitant under subchapter III of
chapter 83 or chapter 84 of title 5 or any other retirement
system for employees of the Federal Government;
``(ii) an employee having a disability on the basis of
which such employee is or would be eligible for disability
retirement under any of the retirement systems referred to in
clause (i); or
``(iii) for purposes of eligibility for separation
incentives under this subsection, an employee who is in
receipt of a decision notice of involuntary separation for
misconduct or unacceptable performance.
``(2) Authority.--The Administrator may establish a program
under which employees may be eligible for early retirement,
offered separation incentive pay to separate from service
voluntarily, or both. This authority may be used to reduce
the number of personnel employed or to restructure the
workforce to meet mission objectives without reducing the
overall number of personnel. This authority is in addition
to, and notwithstanding, any other authorities established by
law or regulation for such programs.
``(3) Early retirement.--An employee who is at least 50
years of age and has completed 20 years of service, or has at
least 25 years of service, may, pursuant to regulations
promulgated under this subsection, apply and be retired from
the Administration and receive benefits in accordance with
subchapter III of chapter 83 or 84 of title 5 if the employee
has been employed continuously within the Administration for
more than 30 days before the date on which the determination
to conduct a reduction or restructuring within 1 or more
Administration centers is approved.
``(4) Separation pay.--
``(A) In general.--Separation pay shall be paid in a lump
sum or in installments and shall be equal to the lesser of--
``(i) an amount equal to the amount the employee would be
entitled to receive under section 5595(c) of title 5, if the
employee were entitled to payment under such section; or
``(ii) $40,000.
``(B) Limitations.--Separation pay shall not be a basis for
payment, and shall not be included in the computation, of any
other type of Government benefit. Separation pay shall not be
taken into account for the purpose of determining the amount
of any severance pay to which an individual may be entitled
under section 5595 of title 5, based on any other separation.
``(C) Installments.--Separation pay, if paid in
installments, shall cease to be paid upon the recipient's
acceptance of employment by the Federal Government, or
commencement of work under a personal services contract as
described in paragraph (5).
``(5) Limitations on reemployment.--
``(A) An employee who receives separation pay under such
program may not be reemployed by the Administration for a 12-
month period beginning on the effective date of the
employee's separation, unless this prohibition is waived by
the Administrator on a case-by-case basis.
``(B) An employee who receives separation pay under this
section on the basis of a separation and accepts employment
with the Government of the United States, or who commences
work through a personal services contract with the United
States within 5 years after the date of the separation on
which payment of the separation pay is based, shall be
required to repay the entire amount of the separation pay to
the Administration. If the employment is with an Executive
agency (as defined by section 105 of title 5) other than the
Administration, the Administrator may, at the request of the
head of that agency, waive the repayment if the individual
involved possesses unique abilities and is the only qualified
applicant available for the position. If the employment is
within the Administration, the Administrator may waive the
repayment if the individual involved is the only qualified
applicant available for the position. If the employment is
with an entity in the legislative branch, the head of the
entity or the appointing official may waive the repayment if
the individual involved possesses unique abilities and is the
only qualified applicant available for the position. If the
employment is with the judicial branch, the Director of the
Administrative Office of the United States Courts may waive
the repayment if the individual involved possesses unique
abilities and is the only qualified applicant available for
the position.
``(6) Regulations.--Under the program established under
paragraph (2), early retirement and separation pay may be
offered only pursuant to regulations established by the
Administrator, subject to such limitations or conditions as
the Administrator may require.
``(7) Use of existing funds.--The Administrator shall carry
out this subsection using amounts otherwise made available to
the Administrator and no additional funds are authorized to
be appropriated to carry out this subsection.''.
SEC. 706. CONFIDENTIALITY OF MEDICAL QUALITY ASSURANCE
RECORDS.
(a) In General.--Chapter 313 of title 51, United States
Code, is amended by adding at the end the following:
``Sec. 31303. Confidentiality of medical quality assurance
records
``(a) In General.--Except as provided in subsection
(b)(1)--
``(1) a medical quality assurance record, or any part of a
medical quality assurance record, may not be subject to
discovery or admitted into evidence in a judicial or
administrative proceeding; and
``(2) an individual who reviews or creates a medical
quality assurance record for the Administration, or
participates in any proceeding that reviews or creates a
medical quality assurance record, may not testify in a
judicial or administrative proceeding with respect to--
``(A) the medical quality assurance record; or
``(B) any finding, recommendation, evaluation, opinion, or
action taken by such individual or in accordance with such
proceeding with respect to the medical quality assurance
record.
``(b) Disclosure of Records.--
``(1) In general.--Notwithstanding subsection (a), a
medical quality assurance record may be disclosed to--
``(A) a Federal agency or private entity, if the medical
quality assurance record is necessary for the Federal agency
or private entity to carry out--
``(i) licensing or accreditation functions relating to
Administration healthcare facilities; or
``(ii) monitoring of Administration healthcare facilities
required by law;
``(B) a Federal agency or healthcare provider, if the
medical quality assurance record is required by the Federal
agency or healthcare provider to enable Administration
participation in a healthcare program of the Federal agency
or healthcare provider;
``(C) a criminal or civil law enforcement agency, or an
instrumentality authorized by law to protect the public
health or safety, on written request by a qualified
representative of such agency or instrumentality submitted to
the Administrator that includes a description of the lawful
purpose for which the medical quality assurance record is
requested;
``(D) an officer, an employee, or a contractor of the
Administration who requires the medical quality assurance
record to carry out an official duty associated with
healthcare;
``(E) healthcare personnel, to the extent necessary to
address a medical emergency affecting the health or safety of
an individual; and
``(F) any committee, panel, or board convened by the
Administration to review the healthcare-related policies and
practices of the Administration.
``(2) Subsequent disclosure prohibited.--An individual or
entity to whom a medical quality assurance record has been
disclosed under paragraph (1) may not make a subsequent
disclosure of the medical quality assurance record.
``(c) Personally Identifiable Information.--
``(1) In general.--Except as provided in paragraph (2), the
personally identifiable information contained in a medical
quality assurance record of a patient or an employee of the
Administration, or any other individual associated with the
Administration for purposes of a medical quality assurance
program, shall be removed before the disclosure of the
medical quality assurance record to an entity other than the
Administration.
[[Page S7680]]
``(2) Exception.-- Personally identifiable information
described in paragraph (1) may be released to an entity other
than the Administration if the Administrator makes a
determination that the release of such personally
identifiable information--
``(A) is in the best interests of the Administration; and
``(B) does not constitute an unwarranted invasion of
personal privacy.
``(d) Exclusion From FOIA.--A medical quality assurance
record may not be made available to any person under section
552 of title 5, United States Code (commonly referred to as
the `Freedom of Information Act'), and this section shall be
considered a statute described in subsection (b)(3)(B) of
such section 522.
``(e) Regulations.--Not later than one year after the date
of the enactment of this section, the Administrator shall
promulgate regulations to implement this section.
``(f) Rules of Construction.--Nothing in this section shall
be construed--
``(1) to withhold a medical quality assurance record from a
committee of the Senate or House of Representatives or a
joint committee of Congress if the medical quality assurance
record relates to a matter within the jurisdiction of such
committee or joint committee; or
``(2) to limit the use of a medical quality assurance
record within the Administration, including the use by a
contractor or consultant of the Administration.
``(g) Definitions.--In this section:
``(1) Medical quality assurance record.--The term `medical
quality assurance record' means any proceeding, discussion,
record, finding, recommendation, evaluation, opinion,
minutes, report, or other document or action that results
from a quality assurance committee, quality assurance
program, or quality assurance program activity.
``(2) Quality assurance program.--
``(A) In general.--The term `quality assurance program'
means a comprehensive program of the Administration--
``(i) to systematically review and improve the quality of
medical and behavioral health services provided by the
Administration to ensure the safety and security of
individuals receiving such health services; and
``(ii) to evaluate and improve the efficiency,
effectiveness, and use of staff and resources in the delivery
of such health services.
``(B) Inclusion.--The term `quality assurance program'
includes any activity carried out by or for the
Administration to assess the quality of medical care provided
by the Administration.''.
(b) Technical and Conforming Amendment.--The table of
sections for chapter 313 of title 51, United States Code, is
amended by adding at the end the following:
``31303. Confidentiality of medical quality assurance records.''.
TITLE VIII--MISCELLANEOUS PROVISIONS
SEC. 801. CONTRACTING AUTHORITY.
Section 20113 of title 51, United States Code, is amended
by adding at the end the following:
``(o) Contracting Authority.--The Administration--
``(1) may enter into an agreement with a private,
commercial, or State government entity to provide the entity
with supplies, support, and services related to private,
commercial, or State government space activities carried out
at a property owned or operated by the Administration; and
``(2) upon the request of such an entity, may include such
supplies, support, and services in the requirements of the
Administration if--
``(A) the Administrator determines that the inclusion of
such supplies, support, or services in such requirements--
``(i) is in the best interest of the Federal Government;
``(ii) does not interfere with the requirements of the
Administration; and
``(iii) does not compete with the commercial space
activities of other such entities; and
``(B) the Administration has full reimbursable funding from
the entity that requested supplies, support, and services
prior to making any obligation for the delivery of such
supplies, support, or services under an Administration
procurement contract or any other agreement.''.
SEC. 802. AUTHORITY FOR TRANSACTION PROTOTYPE PROJECTS AND
FOLLOW-ON PRODUCTION CONTRACTS.
Section 20113 of title 51, United States Code, as amended
by section 801, is further amended by adding at the end the
following:
``(p) Transaction Prototype Projects and Follow-on
Production Contracts.--
``(1) In general.--The Administration may enter into a
transaction (other than a contract, cooperative agreement, or
grant) to carry out a prototype project that is directly
relevant to enhancing the mission effectiveness of the
Administration.
``(2) Subsequent award of follow-on production contract.--A
transaction entered into under this subsection for a
prototype project may provide for the subsequent award of a
follow-on production contract to participants in the
transaction.
``(3) Inclusion.--A transaction under this subsection
includes a project awarded to an individual participant and
to all individual projects awarded to a consortium of United
States industry and academic institutions.
``(4) Determination.--The authority of this section may be
exercised for a transaction for a prototype project and any
follow-on production contract, upon a determination by the
head of the contracting activity, in accordance with
Administration policies, that--
``(A) circumstances justify use of a transaction to provide
an innovative business arrangement that would not be feasible
or appropriate under a contract; and
``(B) the use of the authority of this section is essential
to promoting the success of the prototype project.
``(5) Competitive procedure.--
``(A) In general.--To the maximum extent practicable, the
Administrator shall use competitive procedures with respect
to entering into a transaction to carry out a prototype
project.
``(B) Exception.--Notwithstanding section 2304 of title 10,
United States Code, a follow-on production contract may be
awarded to the participants in the prototype transaction
without the use of competitive procedures, if--
``(i) competitive procedures were used for the selection of
parties for participation in the prototype transaction; and
``(ii) the participants in the transaction successfully
completed the prototype project provided for in the
transaction.
``(6) Cost share.--A transaction to carry out a prototype
project and a follow-on production contract may require that
part of the total cost of the transaction or contract be paid
by the participant or contractor from a source other than the
Federal Government.
``(7) Procurement ethics.--A transaction under this
authority shall be considered an agency procurement for
purposes of chapter 21 of title 41, United States Code, with
regard to procurement ethics.''.
SEC. 803. PROTECTION OF DATA AND INFORMATION FROM PUBLIC
DISCLOSURE.
(a) Certain Technical Data.--Section 20131 of title 51,
United States Code, is amended--
(1) by redesignating subsection (c) as subsection (d);
(2) in subsection (a)(3), by striking ``subsection (b)''
and inserting ``subsection (b) or (c)'';
(3) by inserting after subsection (b) the following:
``(c) Special Handling of Certain Technical Data.--
``(1) In general.--The Administrator may provide
appropriate protections against the public dissemination of
certain technical data, including exemption from subchapter
II of chapter 5 of title 5.
``(2) Definitions.--In this subsection:
``(A) Certain technical data.--The term `certain technical
data' means technical data that may not be exported lawfully
outside the United States without approval, authorization, or
license under--
``(i) the Export Control Reform Act of 2018 (Public Law
115-232; 132 Stat. 2208); or
``(ii) the International Security Assistance and Arms
Export Control Act of 1976 (Public Law 94-329; 90 Stat. 729).
``(B) Technical data.--The term `technical data' means any
blueprint, drawing, photograph, plan, instruction, computer
software, or documentation, or any other technical
information.'';
(4) in subsection (d), as so redesignated, by inserting ``,
including any data,'' after ``information''; and
(5) by adding at the end the following:
``(e) Exclusion From FOIA.--This section shall be
considered a statute described in subsection (b)(3)(B) of
section 552 of title 5 (commonly referred to as the `Freedom
of Information Act').''.
(b) Certain Voluntarily Provided Safety-related
Information.--
(1) In general.--The Administrator shall provide
appropriate safeguards against the public dissemination of
safety-related information collected as part of a mishap
investigation carried out under the NASA safety reporting
system or in conjunction with an organizational safety
assessment, if the Administrator makes a written
determination, including a justification of the
determination, that--
(A)(i) disclosure of the information would inhibit
individuals from voluntarily providing safety-related
information; and
(ii) the ability of NASA to collect such information
improves the safety of NASA programs and research relating to
aeronautics and space; or
(B) withholding such information from public disclosure
improves the safety of such NASA programs and research.
(2) Other federal agencies.--Notwithstanding any other
provision of law, if the Administrator provides to the head
of another Federal agency safety-related information with
respect to which the Administrator has made a determination
under paragraph (1), the head of the Federal agency shall
withhold the information from public disclosure.
(3) Public availability.--A determination or part of a
determination under paragraph (1) shall be made available to
the public on request, as required under section 552 of title
5, United States Code (commonly referred to as the ``Freedom
of Information Act'').
(4) Exclusion from foia.--This subsection shall be
considered a statute described in subsection (b)(3)(B) of
section 552 of title 5, United States Code.
SEC. 804. PHYSICAL SECURITY MODERNIZATION.
Chapter 201 of title 51, United States Code, is amended--
[[Page S7681]]
(1) in section 20133(2), by striking ``property'' and all
that follows through ``to the United States,'' and inserting
``Administration personnel or of property owned or leased by,
or under the control of, the United States''; and
(2) in section 20134, in the second sentence--
(A) by inserting ``Administration personnel or any'' after
``protecting''; and
(B) by striking ``, at facilities owned or contracted to
the Administration''.
SEC. 805. LEASE OF NON-EXCESS PROPERTY.
Section 20145 of title 51, United States Code, is amended--
(1) in paragraph (b)(1)(B), by striking ``entered into for
the purpose of developing renewable energy production
facilities''; and
(2) in subsection (g), in the first sentence, by striking
``December 31, 2021'' and inserting ``December 31, 2025''.
SEC. 806. CYBERSECURITY.
(a) In General.--Section 20301 of title 51, United States
Code, is amended by adding at the end the following:
``(c) Cybersecurity.--The Administrator shall update and
improve the cybersecurity of NASA space assets and supporting
infrastructure.''.
(b) Security Operations Center.--
(1) Establishment.--The Administrator shall maintain a
Security Operations Center, to identify and respond to
cybersecurity threats to NASA information technology systems,
including institutional systems and mission systems.
(2) Inspector general recommendations.--The Administrator
shall implement, to the maximum extent practicable, each of
the recommendations contained in the report of the Inspector
General of NASA entitled ``Audit of NASA's Security
Operations Center'', issued on May 23, 2018.
(c) Cyber Threat Hunt.--
(1) In general.--The Administrator, in coordination with
the Secretary of Homeland Security and the heads of other
relevant Federal agencies, may implement a cyber threat hunt
capability to proactively search NASA information systems for
advanced cyber threats that otherwise evade existing security
tools.
(2) Threat-hunting process.--In carrying out paragraph (1),
the Administrator shall develop and document a threat-hunting
process, including the roles and responsibilities of
individuals conducting a cyber threat hunt.
(d) GAO Priority Recommendations.--The Administrator shall
implement, to the maximum extent practicable, the
recommendations for NASA contained in the report of the
Comptroller General of the United States entitled
``Information Security: Agencies Need to Improve Controls
over Selected High-Impact Systems'', issued May 18, 2016,
including--
(1) re-evaluating security control assessments; and
(2) specifying metrics for the continuous monitoring
strategy of the Administration.
SEC. 807. LIMITATION ON COOPERATION WITH THE PEOPLE'S
REPUBLIC OF CHINA.
(a) In General.--Except as provided by subsection (b), the
Administrator, the Director of the OSTP, and the Chair of the
National Space Council, shall not--
(1) develop, design, plan, promulgate, implement, or
execute a bilateral policy, program, order, or contract of
any kind to participate, collaborate, or coordinate
bilaterally in any manner with--
(A) the Government of the People's Republic of China; or
(B) any company--
(i) owned by the Government of the People's Republic of
China; or
(ii) incorporated under the laws of the People's Republic
of China; and
(2) host official visitors from the People's Republic of
China at a facility belonging to or used by NASA.
(b) Waiver.--
(1) In general.--The Administrator, the Director, or the
Chair may waive the limitation under subsection (a) with
respect to an activity described in that subsection only if
the Administrator, the Director, or the Chair, as applicable,
makes a determination that the activity--
(A) does not pose a risk of a transfer of technology, data,
or other information with national security or economic
security implications to an entity described in paragraph (1)
of such subsection; and
(B) does not involve knowing interactions with officials
who have been determined by the United States to have direct
involvement with violations of human rights.
(2) Certification to congress.--Not later than 30 days
after the date on which a waiver is granted under paragraph
(1), the Administrator, the Director, or the Chair, as
applicable, shall submit to the Committee on Commerce,
Science, and Transportation and the Committee on
Appropriations of the Senate and the Committee on Science,
Space, and Technology and the Committee on Appropriations of
the House of Representatives a written certification that the
activity complies with the requirements in subparagraphs (A)
and (B) of that paragraph.
(c) GAO Review.--
(1) In general.--The Comptroller General of the United
States shall conduct a review of NASA contracts that may
subject the Administration to unacceptable transfers of
intellectual property or technology to any entity--
(A) owned or controlled (in whole or in part) by, or
otherwise affiliated with, the Government of the People's
Republic of China; or
(B) organized under, or otherwise subject to, the laws of
the People's Republic of China.
(2) Elements.--The review required under paragraph (1)
shall assess--
(A) whether the Administrator is aware--
(i) of any NASA contractor that benefits from significant
financial assistance from--
(I) the Government of the People's Republic of China;
(II) any entity controlled by the Government of the
People's Republic of China; or
(III) any other governmental entity of the People's
Republic of China; and
(ii) that the Government of the People's Republic of China,
or an entity controlled by the Government of the People's
Republic of China, may be--
(I) leveraging United States companies that share ownership
with NASA contractors; or
(II) obtaining intellectual property or technology
illicitly or by other unacceptable means; and
(B) the steps the Administrator is taking to ensure that--
(i) NASA contractors are not being leveraged (directly or
indirectly) by the Government of the People's Republic of
China or by an entity controlled by the Government of the
People's Republic of China;
(ii) the intellectual property and technology of NASA
contractors are adequately protected; and
(iii) NASA flight-critical components are not sourced from
the People's Republic of China through any entity benefiting
from Chinese investments, loans, or other assistance.
(3) Recommendations.--The Comptroller General shall provide
to the Administrator recommendations for future NASA
contracting based on the results of the review.
(4) Plan.--Not later than 180 days after the date on which
the Comptroller General completes the review, the
Administrator shall--
(A) develop a plan to implement the recommendations of the
Comptroller General; and
(B) submit the plan to the appropriate committees of
Congress.
SEC. 808. CONSIDERATION OF ISSUES RELATED TO CONTRACTING WITH
ENTITIES RECEIVING ASSISTANCE FROM OR
AFFILIATED WITH THE PEOPLE'S REPUBLIC OF CHINA.
(a) In General.--With respect to a matter in response to a
request for proposal or a broad area announcement by the
Administrator, or award of any contract, agreement, or other
transaction with the Administrator, a commercial or
noncommercial entity shall certify that it is not majority
owned or controlled (as defined in section 800.208 of title
31, Code of Federal Regulations), or minority owned greater
than 25 percent, by--
(1) any governmental organization of the People's Republic
of China; or
(2) any other entity that is--
(A) known to be owned or controlled by any governmental
organization of the People's Republic of China; or
(B) organized under, or otherwise subject to, the laws of
the People's Republic of China.
(b) False Statements.--
(1) In general.--A false statement contained in a
certification under subsection (a) constitutes a false or
fraudulent claim for purposes of chapter 47 of title 18,
United States Code.
(2) Action under federal acquisition regulation.--Any party
convicted for making a false statement with respect to a
certification under subsection (a) shall be subject to
debarment from contracting with the Administrator for a
period of not less than 1 year, as determined by the
Administrator, in addition to other appropriate action in
accordance with the Federal Acquisition Regulation maintained
under section 1303(a)(1) of title 41, United States Code.
(c) Annual Report.--The Administrator shall submit to the
appropriate committees of Congress an annual report detailing
any violation of this section.
SEC. 809. SMALL SATELLITE LAUNCH SERVICES PROGRAM.
(a) In General.--The Administrator shall continue to
procure dedicated launch services, including from small and
venture class launch providers, for small satellites,
including CubeSats, for the purpose of conducting science and
technology missions that further the goals of NASA.
(b) Requirements.--In carrying out the program under
subsection (a), the Administrator shall engage with the
academic community to maximize awareness and use of dedicated
small satellite launch opportunities.
(c) Rule of Construction.--Nothing in this section shall
prevent the Administrator from continuing to use a secondary
payload of procured launch services for CubeSats.
SEC. 810. 21ST CENTURY SPACE LAUNCH INFRASTRUCTURE.
(a) In General.--The Administrator shall carry out a
program to modernize multi-user launch infrastructure at NASA
facilities--
(1) to enhance safety; and
(2) to advance Government and commercial space
transportation and exploration.
(b) Projects.--Projects funded under the program under
subsection (a) may include--
(1) infrastructure relating to commodities;
(2) standard interfaces to meet customer needs for multiple
payload processing and launch vehicle processing;
[[Page S7682]]
(3) enhancements to range capacity and flexibility; and
(4) such other projects as the Administrator considers
appropriate to meet the goals described in subsection (a).
(c) Requirements.--In carrying out the program under
subsection (a), the Administrator shall--
(1) identify and prioritize investments in projects that
can be used by multiple users and launch vehicles, including
non-NASA users and launch vehicles; and
(2) limit investments to projects that would not otherwise
be funded by a NASA program, such as an institutional or
programmatic infrastructure program.
(d) Rule of Construction.--Nothing in this section shall
preclude a NASA program, including the Space Launch System
and Orion, from using the launch infrastructure modernized
under this section.
SEC. 811. MISSIONS OF NATIONAL NEED.
(a) Sense of Congress.--It is the Sense of Congress that--
(1) while certain space missions, such as asteroid
detection or space debris mitigation or removal missions, may
not provide the highest-value science, as determined by the
National Academies of Science, Engineering, and Medicine
decadal surveys, such missions provide tremendous value to
the United States and the world; and
(2) the current organizational and funding structure of
NASA has not prioritized the funding of missions of national
need.
(b) Study.--
(1) In general.--The Director of the OSTP shall conduct a
study on the manner in which NASA funds missions of national
need.
(2) Matters to be included.--The study conducted under
paragraph (1) shall include the following:
(A) An identification and assessment of the types of
missions or technology development programs that constitute
missions of national need.
(B) An assessment of the manner in which such missions are
currently funded and managed by NASA.
(C) An analysis of the options for funding missions of
national need, including--
(i) structural changes required to allow NASA to fund such
missions; and
(ii) an assessment of the capacity of other Federal
agencies to make funds available for such missions.
(c) Report to Congress.--Not later than 1 year after the
date of the enactment of this Act, the Director of the OSTP
shall submit to the appropriate committees of Congress a
report on the results of the study conducted under subsection
(b), including recommendations for funding missions of
national need.
SEC. 812. DRINKING WATER WELL REPLACEMENT FOR CHINCOTEAGUE,
VIRGINIA.
Notwithstanding any other provision of law, during the 5-
year period beginning on the date of the enactment of this
Act, the Administrator may enter into 1 or more agreements
with the town of Chincoteague, Virginia, to reimburse the
town for costs that are directly associated with--
(1) the removal of drinking water wells located on property
administered by the Administration; and
(2) the relocation of such wells to property under the
administrative control, through lease, ownership, or
easement, of the town.
SEC. 813. PASSENGER CARRIER USE.
Section 1344(a)(2) of title 31, United States Code, is
amended--
(1) in subparagraph (A), by striking ``or'' at the end;
(2) in subparagraph (B), by inserting ``or'' after the
comma at the end; and
(3) by inserting after subparagraph (B) the following:
``(C) necessary for post-flight transportation of United
States Government astronauts, and other astronauts subject to
reimbursable arrangements, returning from space for the
performance of medical research, monitoring, diagnosis, or
treatment, or other official duties, prior to receiving post-
flight medical clearance to operate a motor vehicle,''.
SEC. 814. USE OF COMMERCIAL NEAR-SPACE BALLOONS.
(a) Sense of Congress.--It is the sense of Congress that
the use of an array of capabilities, including the use of
commercially available near-space balloon assets, is in the
best interest of the United States.
(b) Use of Commercial Near-space Balloons.--The
Administrator shall use commercially available balloon assets
operating at near-space altitudes, to the maximum extent
practicable, as part of a diverse set of capabilities to
effectively and efficiently meet the goals of the
Administration.
SEC. 815. PRESIDENT'S SPACE ADVISORY BOARD.
Section 121 of the National Aeronautics and Space
Administration Authorization Act, Fiscal Year 1991 (Public
Law 101-611; 51 U.S.C. 20111 note) is amended--
(1) in the section heading, by striking ``users' advisory
group'' and inserting ``president's space advisory board'';
and
(2) by striking ``Users' Advisory Group'' each place it
appears and inserting ``President's Space Advisory Board.''
SEC. 816. INITIATIVE ON TECHNOLOGIES FOR NOISE AND EMISSIONS
REDUCTIONS.
(a) Initiative Required.--Section 40112 of title 51, United
States Code, is amended--
(1) by redesignating subsections (b) through (f) as
subsections (c) through (g), respectively; and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Technologies for Noise and Emissions Reduction.--
``(1) Initiative required.--The Administrator shall
establish an initiative to build upon and accelerate previous
or ongoing work to develop and demonstrate new technologies,
including systems architecture, components, or integration of
systems and airframe structures, in electric aircraft
propulsion concepts that are capable of substantially
reducing both emissions and noise from aircraft.
``(2) Approach.--In carrying out the initiative, the
Administrator shall do the following:
``(A) Continue and expand work of the Administration on
research, development, and demonstration of electric aircraft
concepts, and the integration of such concepts.
``(B) To the extent practicable, work with multiple
partners, including small businesses and new entrants, on
research and development activities related to transport
category aircraft.
``(C) Provide guidance to the Federal Aviation
Administration on technologies developed and tested pursuant
to the initiative.''.
(b) Reports.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter as a part of
the Administration's budget submission, the Administrator
shall submit a report to the appropriate committee of
Congress on the progress of the work under the initiative
required by subsection (b) of section 40112 of title 51,
United States Code (as amended by subsection (a) of this
section), including an updated, anticipated timeframe for
aircraft entering into service that produce 50 percent less
noise and emissions than the highest performing aircraft in
service as of December 31, 2019.
SEC. 817. REMEDIATION OF SITES CONTAMINATED WITH
TRICHLOROETHYLENE.
(a) Identification of Sites.--Not later than 180 days after
the date of the enactment of this Act, the Administrator
shall identify sites of the Administration contaminated with
trichloroethylene.
(b) Report Required.--Not later than 1 year after the date
of the enactment of this Act, the Administrator shall submit
to the appropriate committees of Congress a report that
includes--
(1) the recommendations of the Administrator for
remediating the sites identified under subsection (a) during
the 5-year period beginning on the date of the report; and
(2) an estimate of the financial resources necessary to
implement those recommendations.
SEC. 818. REPORT ON MERITS AND OPTIONS FOR ESTABLISHING AN
INSTITUTE RELATING TO SPACE RESOURCES.
(a) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Administrator shall submit to
the appropriate committees of Congress a report on the merits
of, and options for, establishing an institute relating to
space resources to advance the objectives of NASA in
maintaining United States preeminence in space described in
paragraph (3).
(2) Matters to be included.--The report required by
paragraph (1) shall include an assessment by the
Administrator as to whether--
(A) a virtual or physical institute relating to space
resources is most cost effective and appropriate; and
(B) partnering with institutions of higher education and
the aerospace industry, and the extractive industry as
appropriate, would be effective in increasing information
available to such an institute with respect to advancing the
objectives described in paragraph (3).
(3) Objectives.--The objectives described in this paragraph
are the following:
(A) Identifying, developing, and distributing space
resources, including by encouraging the development of
foundational science and technology.
(B) Reducing the technological risks associated with
identifying, developing, and distributing space resources.
(C) Developing options for using space resources--
(i) to support current and future space architectures,
programs, and missions; and
(ii) to enable architectures, programs, and missions that
would not otherwise be possible.
(4) Definitions.--In this section:
(A) Extractive industry.--The term ``extractive industry''
means a company or individual involved in the process of
extracting (including mining, quarrying, drilling, and
dredging) space resources.
(B) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101(a) of the Higher Education Act of 1965
(20 U.S.C. 1001(a)).
(C) Space resource.--
(i) In general.--The term ``space resource'' means an
abiotic resource in situ in outer space.
(ii) Inclusions.--The term ``space resource'' includes a
raw material, a natural material, and an energy source.
SEC. 819. REPORT ON ESTABLISHING CENTER OF EXCELLENCE FOR
SPACE WEATHER TECHNOLOGY.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Administrator shall submit to
the appropriate committees of Congress a report assessing the
potential benefits of establishing
[[Page S7683]]
a NASA center of excellence for space weather technology.
(b) Geographic Considerations.--In the report required by
subsection (a), the Administrator shall consider the benefits
of establishing the center of excellence described in that
subsection in a geographic area--
(1) in close proximity to--
(A) significant government-funded space weather research
activities; and
(B) institutions of higher education; and
(2) where NASA may have been previously underrepresented.
SEC. 820. REVIEW ON PREFERENCE FOR DOMESTIC SUPPLIERS.
(a) Sense of Congress.--It is the Sense of Congress that
the Administration should, to the maximum extent practicable
and with due consideration of foreign policy goals and
obligations under Federal law--
(1) use domestic suppliers of goods and services; and
(2) ensure compliance with the Federal acquisition
regulations, including subcontract flow-down provisions.
(b) Review.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Administrator shall undertake
a comprehensive review of the domestic supplier preferences
of the Administration and the obligations of the
Administration under the Federal acquisition regulations to
ensure compliance, particularly with respect to Federal
acquisition regulations provisions that apply to foreign-
based subcontractors.
(2) Elements.--The review under paragraph (1) shall
include--
(A) an assessment as to whether the Administration has
provided funding for infrastructure of a foreign-owned
company or State-sponsored entity in recent years; and
(B) a review of any impact such funding has had on domestic
service providers.
(c) Report.--The Administrator shall submit to the
appropriate committees of Congress a report on the results of
the review.
SEC. 821. REPORT ON UTILIZATION OF COMMERCIAL SPACEPORTS
LICENSED BY FEDERAL AVIATION ADMINISTRATION.
(a) In General.--Not later than 1 year after the date of
the enactment of this Act, the Administrator shall submit to
the appropriate committees of Congress a report on the
benefits of increased utilization of commercial spaceports
licensed by the Federal Aviation Administration for NASA
civil space missions and operations.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) A description and assessment of current utilization of
commercial spaceports licensed by the Federal Aviation
Administration for NASA civil space missions and operations.
(2) A description and assessment of the benefits of
increased utilization of such spaceports for such missions
and operations.
(3) A description and assessment of the steps necessary to
achieve increased utilization of such spaceports for such
missions and operations.
SEC. 822. ACTIVE ORBITAL DEBRIS MITIGATION.
(a) Sense of Congress.--It is the sense of Congress that--
(1) orbital debris, particularly in low-Earth orbit, poses
a hazard to NASA missions, particularly human spaceflight;
and
(2) progress has been made on the development of guidelines
for long-term space sustainability through the United Nations
Committee on the Peaceful Uses of Outer Space.
(b) Requirements.--The Administrator should--
(1) ensure the policies and standard practices of NASA meet
or exceed international guidelines for spaceflight safety;
and
(2) support the development of orbital debris mitigation
technologies through continued research and development of
concepts.
(c) Report to Congress.--Not later than 90 days after the
date of the enactment of this Act, the Administrator shall
submit to the appropriate committees of Congress a report on
the status of implementing subsection (b).
SEC. 823. STUDY ON COMMERCIAL COMMUNICATIONS SERVICES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) enhancing the ability of researchers to conduct and
interact with experiments while in flight would make huge
advancements in the overall profitability of conducting
research on suborbit and low-Earth orbit payloads; and
(2) current NASA communications do not allow for real-time
data collection, observation, or transmission of information.
(b) Study.--The Administrator shall conduct a study on the
feasibility, impact, and cost of using commercial
communications programs services for suborbital flight
programs and low-Earth orbit research.
(c) Report.--Not later than 18 months after the date of the
enactment of this Act, the Administrator shall submit to
Congress and make publicly available a report that describes
the results of the study conducted under subsection (b).
Mr. CRUZ. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
____________________