[Congressional Record Volume 167, Number 88 (Thursday, May 20, 2021)]
[Senate]
[Pages S3225-S3226]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1758. Mrs. SHAHEEN (for herself and Mr. Moran) submitted an 
amendment intended to be proposed to amendment SA 1502 proposed by Mr. 
Schumer to the bill S. 1260, to establish a new Directorate for 
Technology and Innovation in the National Science Foundation, to 
establish a regional technology hub program, to require a strategy and 
report on economic security, science, research, innovation, 
manufacturing, and job creation, to establish a critical supply chain 
resiliency program, and for other purposes; which was ordered to lie on 
the table; as follows:

       Strike subsection (b) of section 2627 and insert the 
     following:
       (b) In General.--Subchapter III of chapter 201 of title 51, 
     United States Code, as amended by section 2627, 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 collected by the Administrator under subsection 
     (a);
       ``(C) royalties and other payments collected by the 
     Administrator or the ISS management entity under subsection 
     (b); and
       ``(D) 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.
       ``(5) Limitation on collection and availability.--Fees 
     under paragraph (3)(B) and donations and contributions under 
     paragraph 3(D) shall be collected and available pursuant to 
     this subsection only to the extent and in such amounts as 
     provided in advance in appropriations 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--

[[Page S3226]]

       ``(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.''.
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