[Congressional Record Volume 167, Number 88 (Thursday, May 20, 2021)]
[Senate]
[Pages S3274-S3279]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1857. Mr. CORNYN 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:
Beginning on page 496, strike line 17 and all that follows
through page 535, line 15, and insert the following:
(9) Johnson space center.--The term ``Johnson Space
Center'' means the Lyndon B. Johnson Space Center in Houston,
Texas.
(10) NASA.--The term ``NASA'' means the National
Aeronautics and Space Administration.
(11) 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).
(12) OSTP.--The term ``OSTP'' means the Office of Science
and Technology Policy.
(13) 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).
PART I--AUTHORIZATION OF APPROPRIATIONS
SEC. 2613. 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.
PART II--HUMAN SPACEFLIGHT AND EXPLORATION
SEC. 2614. COMPETITIVENESS WITHIN THE HUMAN LANDING SYSTEM
PROGRAM.
(a) Findings.--Congress makes the following findings:
(1) The Apollo 11 landing on July 20, 1969, marked the
first steps of a human being on the surface of another world,
representing a giant leap for all humanity and a significant
demonstration of the spaceflight capabilities of the United
States.
(2) Section 202(a) of the National Aeronautics and Space
Administration Authorization Act of 2010 (42 U.S.C. 18312(a))
establishes for the National Aeronautics and Space
Administration the long-term goals of expanding human
presence in space and establishing a thriving space economy
in low-Earth orbit and beyond.
(3) The 2017 National Security Strategy designates the
human exploration of the solar system as a strategic priority
for the United States.
(4) Establishing and ensuring the sustainability of human
space exploration of the solar system, as called for in the
Space Policy Directive-1 entitled ``Reinvigorating America's
Human Space Exploration Program'' (82 Fed. Reg. 239 (December
11, 2017)) and the National Space Exploration Campaign Report
of the National Aeronautics and Space Administration issued
in September 2018, will require carrying out human
exploration and related extravehicular activities on the
surface of other celestial bodies in a safe and cost-
effective manner.
(5) The Johnson Space Center has decades of experience
working with international partners, other Federal agencies,
and partners in industry and academia to study, develop, and
carry out the human spaceflight priorities of the United
States.
(b) Sense of Congress.--It is the sense of Congress that--
(1) advances in space technology and space exploration
capabilities ensure the long-term technological preeminence,
economic competitiveness, STEM workforce development, and
national security of the United States;
(2) the development of technologies that enable human
exploration of the lunar surface and other celestial bodies
is critical to the space industrial base of the United
States;
(3) commercial entities in the United States have made
significant investment and progress toward the development of
human-class lunar landers;
(4) 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;
(5) in carrying out the Artemis program, the Administrator
should ensure that the entire Artemis program is inclusive
and representative of all people of the United States,
including women and minorities; and
(6) maintaining multiple technically credible providers
within NASA commercial programs is a best practice that
reduces programmatic risk.
(c) Statement of Policy.--It shall be the policy of the
United States--
(1) to bolster the domestic space technology industrial
base, using existing tools and authorities, particularly in
areas central to competition between the United States and
the People's Republic of China;
(2) to mitigate threats and minimize challenges to the
superiority of the United States in space technology,
including lunar infrastructure and lander capabilities;
(3) to continuously maintain the capability for a
continuous human presence in low-Earth orbit through and
beyond the useful life of the International Space Station;
and
(4) that such capability shall--
(A) maintain the global leadership of the United States and
relationships with partners and allies;
(B) contribute to the general welfare of the United States;
and
(C) leverage commercial capabilities to promote
affordability so as not to preclude a robust portfolio of
other human space exploration activities.
(d) Human Landing System Program.--
(1) In general.--Not later than 60 days after the date of
the enactment of this division, the Administrator shall
maintain competitiveness within the human landing system
program by funding design, development, testing, and
evaluation for not fewer than 2 entities.
(2) Requirements.--In carrying out the human landing system
program referred to in paragraph (1), the Administrator
shall, to the extent practicable--
(A) encourage reusability and sustainability of systems
developed; and
(B) offer existing capabilities and assets of NASA centers
to support such partnerships.
(3) Briefing.--Not later than 60 days after the date of the
enactment of this division, the Administrator shall provide
to the appropriate committees of Congress a briefing on the
implementation of paragraph (1).
(4) Authorization of appropriations.--In addition to
amounts otherwise appropriated for the Artemis program, for
fiscal years 2021 through 2025, there is authorized to be
appropriated $10,032,000,000 to NASA to carry out the human
landing system program.
(5) Savings.--The Administrator shall not, in order to
comply with the obligations referred to in paragraph (1),
modify, terminate, or rescind any selection decisions or
awards made under the human landing system program that were
announced prior to the date of enactment of this division.
(e) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Commerce, Science, and Transportation
and the Committee on Appropriations of the Senate; and
(2) the Committee on Science, Space, and Technology and the
Committee on Appropriations of the House of Representatives.
SEC. 2615. 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 division, the Administrator shall brief the
appropriate
[[Page S3275]]
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 division, 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. 2616. ADVANCED SPACESUITS.
(a) Findings.--Congress makes the following findings:
(1) The civil service workforce of the Administration at
the Johnson Space Center has unique capabilities to
integrate, design, and validate space suits and associated
EVA technologies.
(2) Maintaining a strong core competency in the design,
development, manufacture, and operation of space suits and
related technologies allows the Administration to be an
informed purchaser of competitively awarded commercial space
suits and associated EVA technologies.
(b) Sense of Congress.--It is the sense of Congress that
next-generation advanced spacesuits and associated EVA
technologies are a critical technology for human space
exploration and use of low-Earth orbit, cislunar space, the
surface of the Moon, and Mars.
(c) Development Plan.--The Administrator shall establish a
detailed plan for the development and manufacture of advanced
spacesuits and associated EVA technologies, consistent with
the deep space exploration goals and timetables of NASA.
(d) Diverse Astronaut Corps.--The Administrator shall
ensure that spacesuits developed and manufactured after the
date of the enactment of this division are capable of
accommodating a wide range of sizes of astronauts so as to
meet the needs of the diverse NASA astronaut corps.
(e) ISS Use.--Throughout the operational life of the ISS,
the Administrator should fully use the ISS for testing
advanced spacesuits.
(f) Prior Investments.--
(1) In general.--In developing an advanced spacesuit, the
Administrator, with the support of the Director of the
Johnson Space Center, 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.
(g) Briefing.--Not later than 180 days after the date of
the enactment of this division, 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. 2617. 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. 2618. 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
(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 division, 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. 2619. 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 division, the Administrator
shall submit to the appropriate committees of Congress a
report on efforts under subsection (a).
(c) Appropriate Committees of Congress Defined.--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. 2620. 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. 2621. EXTENSION AND MODIFICATION RELATING TO THE
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
[[Page S3276]]
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.--Section 70907 of title 51, United
States Code, is amended--
(1) in the section heading, by striking ``2024'' and
inserting ``2030'';
(2) in subsection (a), by striking ``September 30, 2024''
and inserting ``September 30, 2030''; and
(3) 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. 2621A. TRANSITION STRATEGY FOR THE INTERNATIONAL SPACE
STATION.
(a) In General.--Not later than 300 days after the date of
the enactment of this division, the Administrator shall
submit to the appropriate committees of Congress a strategy
that--
(1) describes the manner in which the Administration will
ensure a stepwise transition to an eventual successor
platform consistent with the ISS Transition Principles
specified in the International Space Station Transition
Report issued pursuant to section 50111(c)(2) of title 51,
United States Code, on March 30, 2018;
(2) includes capability-driven milestones and timelines
leading to such a transition;
(3) takes into account the importance of maintaining
workforce expertise, core capabilities, and continuity at the
centers of the Administration, including such centers that
are primarily focused on human spaceflight;
(4) considers how any transition described in paragraph (1)
affects international and commercial partnerships;
(5) presents opportunities for future engagement with--
(A) international partners;
(B) countries with growing spaceflight capabilities, if
such engagement is not precluded by other provisions of law;
(C) the scientific community, including the microgravity
research community;
(D) the private sector; and
(E) other United States Government users; and
(6) promotes the continued economic development of low-
Earth orbit.
(b) Implementation Plan.--The strategy required by
subsection (a) shall include an implementation plan
describing the manner in which the Administration plans to
carry out such strategy.
(c) Report.--Not less frequently than biennially, the
Administrator shall submit to the appropriate committees of
Congress a report on the implementation of the strategy
required by subsection (a).
SEC. 2622. DEPARTMENT OF DEFENSE ACTIVITIES ON INTERNATIONAL
SPACE STATION.
(a) In General.--Not later than 180 days after the date of
the enactment of this division, 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. 2623. 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 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. 2624. 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
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carry out activities relating to the study and use of in-
space conditions.
SEC. 2625. 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. 2626. 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 2625, 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
``(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 2625, is further amended by inserting after the item
relating to section 20150 the following:
``20151. Data rights.''.
SEC. 2627. 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 2626, 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
[[Page S3278]]
(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 2626, is further amended by inserting after the
item relating to section 20151 the following:
``20152. Payments received for commercial space-enabled production.''.
SEC. 2628. 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
``(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. 2628A. HUMAN SPACE FACILITIES IN AND BEYOND LOW-EARTH
ORBIT.
(a) Human Space Facility Defined.--In this section, the
term ``human space facility'' means a structure for use in or
beyond low-Earth orbit that supports, or has the potential to
support, human life.
(b) Sense of Congress.--It is the sense of Congress that
human space facilities play a significant role in the long-
term pursuit by the Administration of the exploration goals
under section 202(a) of the National Aeronautics and Space
Administration Authorization Act of 2010 (42 U.S.C.
18312(a)).
(c) Report on Crewed and Uncrewed Human Space Facilities.--
(1) In general.--Not later than 180 days after the date of
the enactment of this division, the Administrator shall
submit to the appropriate committees of Congress a report on
the potential development of 1 or more human space
facilities.
(2) Contents.--With respect to the potential development of
each human space facility referred to in paragraph (1), the
report required under such paragraph shall include a
description of the following:
(A) The capacity of the human space facility to advance,
enable, or complement human exploration of the solar system,
including human exploration of the atmosphere and the surface
of celestial bodies.
(B) The role of the human space facility as a staging,
logistics, and operations hub in exploration architecture.
(C) The capacity of the human space facility to support the
research, development, testing, validation, operation, and
launch of space exploration systems and technologies.
(D) Opportunities and strategies for commercial operation
or public-private partnerships with respect to the human
space facility that protect taxpayer interests and foster
competition.
(E) The role of the human space facility in encouraging
further crewed and uncrewed exploration investments.
(F) The manner in which the development and maintenance of
the International Space Station would reduce the cost of, and
time necessary for, the development of the human space
facility.
(d) Cislunar Space Exploration Activities.--The
Administrator shall establish an outpost in orbit around the
Moon that--
(1) demonstrates technologies, systems, and operational
concepts directly applicable to the space vehicle that will
be used to transport humans to Mars;
(2) has the capability for periodic human habitation; and
[[Page S3279]]
(3) 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.
SEC. 2628B. REPORT ON RESEARCH AND DEVELOPMENT RELATING TO
LIFE-SUSTAINING TECHNICAL SYSTEMS AND PLAN FOR
ACHIEVING POWER SUPPLY.
Not later than 1 year after the date of the enactment of
this division, the Administrator shall submit to the
appropriate committees of Congress--
(1) a report on the research and development of the
Administration relating to technical systems for the self-
sufficient sustainment of life in and beyond low-Earth orbit;
and
(2) a plan for achieving a power supply on the Moon that
includes--
(A) a consideration of the resources necessary to
accomplish such plan in the subsequent--
(i) 1 to 3 years;
(ii) 3 to 5 years; and
(iii) 5 to 10 years;
(B) collaboration and input from industry and the
Department of Energy, specifically the Advanced Research
Projects Agency-Energy;
(C) the use of a variety of types of energy, including
solar and nuclear; and
(D) a detailed description of the resources necessary for
the Administration to build a lunar power facility with
human-tended maintenance requirements during the subsequent
10-year period.
______