[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

[[Page S3277]]

     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.
                                 ______