[Senate Report 114-390]
[From the U.S. Government Publishing Office]


                                                Calendar No. 696


114th Congress }					{ Report
 2d Session    }                  SENATE                { 114-390
_______________________________________________________________________

  NATIONAL AERONAUTICS AND SPACE ADMINISTRATION TRANSITION AUTHORIZATION 
                              ACT OF 2016

                               __________

                              R E P O R T

                                 OF THE

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   ON

                                 S. 3346

[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]


                December 5, 2016.--Ordered to be printed
                
                              ______________
                              
                              
                      U.S. GOVERNMENT PUBLISHING OFFICE
                             WASHINGTON : 2016                      
                
                
                
                
                
                
                
                
                
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                    one hundred fourteenth congress
                             second session

                   JOHN THUNE, South Dakota, Chairman
 ROGER F. WICKER, Mississippi         BILL NELSON, Florida
 ROY BLUNT, Missouri                  MARIA CANTWELL, Washington
 MARCO RUBIO, Florida                 CLAIRE McCASKILL, Missouri
 KELLY AYOTTE, New Hampshire          AMY KLOBUCHAR, Minnesota
 TED CRUZ, Texas                      RICHARD BLUMENTHAL, Connecticut
 DEB FISCHER, Nebraska                BRIAN SCHATZ, Hawaii5
 JERRY MORAN, Kansas                  ED MARKEY, Massachusetts
 DAN SULLIVAN, Alaska                 CORY BOOKER, New Jersey
 RON JOHNSON, Wisconsin               TOM UDALL, New Mexico
 DEAN HELLER, Nevada                  JOE MANCHIN, West Virginia
 CORY GARDNER, Colorado               GARY PETERS, Michigan
 STEVE DAINES, Montana
                       Nick Rossi, Staff Director
                 Adrian Arnakis, Deputy Staff Director
                    Jason Van Beek, General Counsel
                 Kim Lipsky, Democratic Staff Director
           Christopher Day, Democratic Deputy Staff Director
                 Clint Odom, Democratic General Counsel









                                                       Calendar No. 696
114th Congress }                                           { Report
                                 SENATE
 2d Session    }                                           { 114-390

======================================================================

 
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION TRANSITION AUTHORIZATION 
                              ACT OF 2016

                                _______
                                

                December 5, 2016.--Ordered to be printed

                                _______
                                

Mr. Thune, from the Committee on Commerce, Science, and Transportation, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 3346]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 3346) to authorize the programs 
of the National Aeronautics and Space Administration, and for 
other purposes, having considered the same, reports favorably 
thereon with an amendment (in the nature of a substitute) and 
recommends that the bill (as amended) do pass.

                          Purpose of the Bill

    The purpose of S. 3346 is to address concerns related to 
potential instability at the National Aeronautics and Space 
Administration (NASA) during a presidential transition and to 
provide direction to the agency to continue to pursue current 
commitments and investments. The bill would reaffirm key 
policies and authorities to advance space exploration and 
science with an overall authorization level of $19.508 billion 
for fiscal year (FY) 2017.

                          Background and Needs

    As NASA prepares to transition from one presidential 
administration to the next, this bill would provide timely 
reaffirmation of congressional support for sustaining a 
national, Government-led space program. Challenges related to 
past unilateral shifts in NASA core programs disrupted progress 
in U.S. human space exploration. This bill would provide 
stability and consistency of legislative direction for the 
agency. This includes continuing development of the Space 
Launch System (SLS) and Orion for deep space exploration, 
continuing development of the James Webb Space Telescope 
(JWST), and the continued operation of the International Space 
Station (ISS).
    Since Congress enacted the NASA Authorization Act of 2010 
(42 U.S.C. 18301 et seq.; 2010 Act), there has been significant 
progress in developing the authorized capabilities, including 
the SLS and Orion. NASA continues to build on the success of 
the Commercial Resupply Services Program (CRS Program) to 
deliver cargo to the ISS. Additionally, NASA is working with 
private sector companies as part of the Commercial Crew Program 
to develop launch vehicles that will transport United States 
government astronauts to the ISS from U.S. soil for the first 
time since the retirement of the Space Shuttle. This would 
reduce reliance on United States government astronauts 
traveling to the ISS via the Russian Soyuz spacecraft.

International Space Station

    For 15 years, the ISS has operated continuously, serving as 
a key testbed for space exploration, and since 2010, as a 
National Laboratory for scientific discovery. The U.S. 
Commercial Space Launch Competitiveness Act (Public Law 114-90; 
129 Stat. 704), enacted on November 25, 2015, directs NASA to 
take necessary steps to extend the life of the ISS until 
2024.\1\ The NASA Transition Authorization Act of 2016 would 
support continued operations of the ISS, building on the 
success of the CRS Program, and continued development of the 
Commercial Crew Program.
---------------------------------------------------------------------------
    \1\NASA Human Exploration and Operations Mission Directorate, ``FY 
2015 Program Review,'' p.3, March 2014.
---------------------------------------------------------------------------

NASA's Commercial Resupply Services Program and Commercial Crew Program

    Part of NASA's current balanced approach to space 
exploration is the development of vehicles for both commercial 
and Government missions. NASA has partnered with the commercial 
space industry for cargo and crew delivery to the ISS as part 
of both the CRS Program and Commercial Crew Program.\2\ To 
address the cargo resupply needs, NASA initiated the Commercial 
Orbital Transportation Services Program (COTS Program) in 2006 
to partner with commercial aerospace companies to develop 
orbital transportation services for delivering cargo to the 
ISS. The COTS Program resulted in two companies, Space 
Exploration Technologies (SpaceX) and Orbital ATK, developing 
two new U.S. launch vehicles and two automated cargo spacecraft 
that currently are providing orbital transportation services 
and are supplying cargo to the ISS under the CRS Program.\3\ In 
addition, on January 14, 2016, NASA awarded three CRS-2 
contracts to SpaceX, Orbital ATK, and Sierra Nevada Corporation 
to fulfill the next phase of cargo delivery service missions to 
and from the ISS.\4\
---------------------------------------------------------------------------
    \2\NASA Authorization Act of 2010. P.L. 111-267. Sections 401-402, 
at http://www.nasa.gov/pdf/649377main_PL_111-267.pdf.
    \3\NASA Commercial Crew and Cargo Program Office, ``Overview,'' at 
http://www.nasa.gov/offices/c3po/home/#.U78CUPldURo.
    \4\Sierra Nevada Corporation, ``NASA Selects Sierra Nevada 
Corporation's Dream Chaser Spacecraft for Commercial Resupply Services 
2 Contract,'' N.p., January 14, 2016, at http://www.sncorp.com/AboutUs/
NewsDetails/2754.
---------------------------------------------------------------------------
    Since NASA's retirement of the Space Shuttle fleet in 2011, 
the United States has been entirely dependent on the Russian 
Soyuz spacecraft for transporting astronauts to and from the 
ISS. This costs the United States upwards of $70 million per 
seat.\5\ Ultimately, the COTS Program also envisioned the 
development of a crew transportation service, and that effort 
formed the basis of the Commercial Crew Program. On September 
16, 2014, NASA announced awards to Boeing and SpaceX to further 
develop crewed launch and in-space transportation services to 
the ISS.\6\ Once U.S. commercial partners are able to provide 
access to low-Earth orbit (LEO) and the ISS for crew, NASA 
could transport United States government astronauts and reduce 
its reliance on the Russian Soyuz.
---------------------------------------------------------------------------
    \5\Spaceflight Now, ``NASA buys six more seats on Russian Soyuz 
spacecraft,'' April 30, 2013, at http://spaceflightnow.com/news/n1304/
30soyuzcontract/#.UZHK8iIo6Uk.
    \6\NASA press release, ``NASA Chooses American Companies to 
Transport U.S. Astronauts to the ISS,'' January 22, 2015, at http://
www.nasa.gov/press/2014/september/nasa-chooses-american-companies-to-
transport-us-astronauts-to-international/#.VNuRY514qX8.
---------------------------------------------------------------------------

Space Launch System and Orion

    As U.S.-based commercial space companies focus on 
developing and improving capabilities for transportation to and 
from the ISS, NASA is developing the capabilities for 
exploration of deep space. To that end, the agency has been 
developing the heavy-lift SLS rocket and the Orion. The SLS 
program is proceeding in development and will utilize key 
hardware from the Space Shuttle program, the most recognizable 
of which are a variant of the side-mounted solid rocket 
boosters for the first phase of flight. Once completed as 
designed, the Orion will be able to transport four crew to deep 
space. The first test flight of the Orion, Exploration Flight 
Test 1, was successfully completed on December 5, 2014.
    The first flight of the SLS with an uncrewed Orion is 
anticipated in November 2018. Once ready, the test flight, 
dubbed Exploration Mission-1 (EM-1), is planned to demonstrate 
the capability of both the SLS rocket and Orion as an 
integrated system. Then, in 2021, the first manned mission for 
SLS and Orion is scheduled to launch along the same trajectory 
as EM-1, to a lunar flyby, bringing the crew to space for up to 
two weeks.\7\ This heavy-lift rocket will have more than two 
and one half times the lift capability of any rocket currently 
in operation, and 20 percent more thrust than the Saturn V 
rocket used during the Apollo era. The SLS and Orion will 
enable space exploration beyond LEO for the first time since 
the 1970s.
---------------------------------------------------------------------------
    \7\NASA, Exploration Systems Development, at http://www.nasa.gov/
sites/default/files/files/ESD_FactSheet_TAGGED.pdf.
---------------------------------------------------------------------------

Exploration Strategy

    NASA's current human space exploration plan is to extend 
human presence into deep space and on to Mars, including a 
mission to explore a near-Earth asteroid, while continuing to 
develop both commercial cargo and commercial crew 
capabilities.\8\ The current long-term goal for NASA's 
exploration program is to ultimately send humans to Mars by the 
2030s. In doing so, NASA expects that our human and robotic 
explorers will expand our knowledge and discover the potential 
for life beyond Earth.
---------------------------------------------------------------------------
    \8\U.S. Congress, Subcommittee on Space, House Committee on 
Science, Space, and Technology, Testimony of NASA Administrator Charles 
Bolden, March 27, 2014, H. Hrg. 113-70, at http://science.house.gov/
sites/republicans.science.house.gov/files/documents/HHRG-113-SY16-
WState-CBolden-20140327.pdf.
---------------------------------------------------------------------------
    According to NASA, the agency is implementing a multiple 
destination exploration strategy using a ``capability driven 
approach.'' The strategy is intended to enable the incremental 
buildup of capabilities over time to reach further into deep 
space and develop the sustainable architectures for more 
complex missions, such as a human mission to Mars.

                         Summary of Provisions

    This bill would authorize funding levels for all of NASA, 
but focus on policy direction designed to send a message of 
congressional support to sustain our existing national space 
commitments and investments. Matters not specifically addressed 
in S. 3346 defer to existing policy direction contained in the 
2010 Act and title 51 of the United States Code (relating to 
National and Commercial Space Programs). The bill is arranged 
thematically by title to cover key transition issues rather 
than by the more traditional organization by NASA's mission 
directorates.

Sustaining national space commitments

    To address the main theme, sustaining national space 
commitments, the bill would address concerns related to 
instability at the agency during a presidential transition. The 
bill would reaffirm key policies and authorities to advance 
space exploration and science with an overall authorization 
level of $19.508 billion for FY 2017. The bill also would 
direct the continued development of SLS and Orion crew for deep 
space exploration, operation of the ISS and JWST, and a 
continued commitment to a national, Government-led, space 
program.

Maximizing utilization of the International Space Station and low-Earth 
        orbit

    To address maximizing utilization of the ISS and LEO, the 
bill would support continued operations of the ISS and ISS 
National Laboratory. The bill also would build on the success 
of the CRS Program, and direct continued development of the 
Commercial Crew Program. Additionally, the bill would require 
NASA to submit a report to Congress outlining an ISS Transition 
Plan, to facilitate a transformation of Government operations 
in LEO to a more commercially viable concept of operations 
sometime in the future.

Advancing human deep space exploration

    To address human deep space exploration, the bill would 
direct NASA to continue the development of the key deep space 
exploration programs. The bill would support continuing the 
development of SLS and Orion, including specific milestones for 
an uncrewed exploration mission by 2018, and a crewed 
exploration mission by 2021.
    The bill also would require NASA to submit a plan to 
Congress on a strategic framework and critical decision plan on 
extending human presence beyond LEO to deep space and 
eventually to Mars, including the cadence of future exploration 
missions. The bill also would amend existing law and direct 
NASA to manage human space flight programs to enable humans to 
explore Mars and other destinations. Amid growing costs and 
concerns about the Asteroid Robotic Redirect Mission (ARRM), 
the bill would direct NASA to provide an evaluation of 
alternative approaches, in addition to ARRM, for demonstrating 
technologies and capabilities needed for a human mission to 
Mars.
    To address the long-term effects of space on astronaut's 
health, the bill would authorize NASA to provide for the 
medical monitoring, diagnosis, and treatment of astronauts, 
including scientific and medical tests for psychological and 
medical conditions, deemed by NASA to be associated with human 
space flight. The bill also would recognize insights gained 
from United States government astronaut Scott Kelly's 340-day 
space mission aboard the ISS.

Advancing space science

    To address advancing space science, the bill would continue 
progress on a balanced science portfolio, including the JWST, 
Wide-Field Infrared Survey Telescope (WFIRST), Mars 2020 Rover, 
and a Europa mission.

Maximizing efficiency and improving cybersecurity

    To maximize efficiency, the bill would direct steps to 
improve agency-wide management and oversight over information 
technology operations and investments and information security 
programs for the protection of NASA systems. The bill also 
would implement a number of Office of Inspector General and 
Government Accountability Office (GAO) identified deficiencies. 
Additionally, the bill would improve inter-disciplinary 
collaboration and planning across NASA's mission directorates 
to maximize outcomes for projects or missions.
    To improve cybersecurity, the bill would require the 
Administrator of NASA to develop an agency-wide security plan. 
The bill also would require the Administrator of NASA to ensure 
the NASA Chief Information Officer (NASA CIO) has a significant 
role in relevant management and oversight.

                          Legislative History

    On September 15, 2016, S. 3346, the National Aeronautics 
and Space Administration Transition Authorization Act of 2016, 
was introduced and was referred to the Committee on Commerce, 
Science, and Transportation of the Senate. S. 3346 is sponsored 
by Senator Cruz and cosponsored by Senators Nelson, Rubio, 
Peters, Wicker, Udall, Thune, Cantwell, and Murray.
    The Committee held a related hearing entitled ``NASA at a 
Crossroads: Reasserting American Leadership in Space 
Exploration'' on July 13, 2016, and received testimony from: 
Mr. William H. Gerstenmaier, Associate Administrator of Human 
Exploration and Operations, NASA; Dr. Mary Lynne Dittmar, 
Executive Director, Coalition for Deep Space Exploration; Mr. 
Mike Gold, Vice President of Washington Operations, SSL; Mr. 
Mark Sirangelo, Vice President of Space Systems Group, Sierra 
Nevada Corporation; and Professor Dan Dumbacher, Professor of 
Engineering Practice, Purdue University. The hearing focused on 
the importance of ensuring consistency in policy to best 
leverage investments made in human space exploration. The 
hearing also explored questions facing the agency related to 
the upcoming presidential transition.
    A related bill, H.R. 810, the National Aeronautics and 
Space Administration Authorization Act of 2015, was introduced 
in the House of Representatives on February 9, 2015, by 
Representatives Palazzo, Edwards, Smith, Johnson, and Brooks. 
H.R. 810 would provide funding levels for FY 2015 and is 
largely based on a measure introduced by the Committee on 
Science, Space, and Technology of the House of Representatives 
in a prior Congress. That committee did not mark up the 
measure. The House of Representatives passed H.R. 810 by voice 
vote on February 10, 2015.
    Subsequently in the House of Representatives, H.R. 2039, 
the National Aeronautics and Space Administration Authorization 
Act for 2016 and 2017, was introduced by Representatives 
Palazzo, Smith, Culberson, Lucas, Bridenstine, Weber, 
Loudermilk, Rohrabacher, McCaul, Hultgren, Moolenaar, Knight, 
Babin, Comstock, Brooks, Johnson, and Posey on April 28, 2015. 
This bill was favorably reported out of the Committee on 
Science, Space, and Technology of the House of Representatives 
on April 30, 2015, by a vote of 19-15. H.R. 2039 was not 
considered by the full House of Representatives.
    On September 21, 2016, the Committee on Commerce, Science, 
and Transportation of the Senate met in open Executive Session 
to consider S. 3346, and ordered, by voice vote, the bill to be 
reported favorably with an amendment (in the nature of a 
substitute).
    Several amendments were adopted by voice vote. Senator 
Blumenthal sponsored an amendment, as modified, which would 
alter the provision on advanced space suit capability. Senators 
Cruz and Nelson sponsored two amendments: one to make a few 
exploration-related changes; and the other to authorize NASA to 
indemnify certain launch providers for missions that are not 
licensed commercially by the Federal Aviation Administration 
and thus are not afforded the indemnification regime under the 
Commercial Space Launch Act (Public Law 98-575; 98 Stat. 3055). 
Senator Gardner sponsored two amendments: one amendment, as 
modified, to provide for the leveraging of commercial satellite 
servicing capabilities across NASA mission directorates; and 
the other amendment, as modified, to improve the provision in 
the bill on the strategic framework for human spaceflight and 
exploration. Senators Nelson, Cruz, and Rubio sponsored an 
amendment to improve the section of the bill on commercial 
space launch cooperation. Senator Udall sponsored an amendment, 
as modified, to expand the development of technology payloads 
for scientific research. There were no second degree 
amendments.

                            Estimated Costs

    In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

S. 3346--National Aeronautics and Space Administration Transition 
        Authorization Act of 2016

    Summary: S. 3346 would amend current law and authorize the 
appropriation of $19.5 billion in 2017 for the National 
Aeronautics and Space Administration (NASA). The legislation 
would reaffirm existing policy regarding use of the 
International Space Station (ISS) and would require NASA to 
develop a transition plan that would enable greater 
participation in the ISS and low-earth orbit by NASA's industry 
partners and additional partner countries. It also would 
require NASA to develop propulsion technologies intended to 
reduce travel time to Mars and a strategic framework for human 
space flight to Mars.
    Assuming appropriation of the specified amount, CBO 
estimates that implementing the legislation would cost $19.4 
billion over the 2017-2021 period.
    CBO also estimates that enacting the legislation would 
increase net direct spending by $35 million over the 2017-2026 
period; therefore, pay-as-you-go procedures apply. Enacting the 
bill would not affect revenues.
    CBO estimates that enacting the bill would not increase net 
direct spending or on-budget deficits by more than $5 billion 
in any of the four consecutive 10-year periods beginning in 
2027.
    S. 3346 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary effect of S. 3346 is shown in the following table. 
The costs of this legislation fall within budget function 250 
(general science, space, and technology).

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                      By fiscal year, in millions of dollars--
                                                          ----------------------------------------------------------------------------------------------
                                                             2017    2018    2019   2020   2021   2022   2023   2024   2025   2026  2017-2021  2017-2026
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                     INCREASES IN SPENDING SUBJECT TO APPROPRIATION
 
Estimated Authorization Level............................   19,509       0      0      0      0      0      0      0      0      0    19,509     19,509
Estimated Outlays........................................   12,266   5,917    947    233     79      0      0      0      0      0    19,442     19,442
 
                                                              INCREASES IN DIRECT SPENDING
 
Estimated Budget Authority...............................        0       2      3      4      4      5      5      5      6      6        13         40
Estimated Outlays........................................        0       1      2      3      4      4      5      5      5      6        10         35
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes S. 3346 
will be enacted before the end of calendar year 2016 and that 
the necessary amounts will be appropriated for that year. 
Estimated outlays are based on historical spending patterns for 
existing programs.

Spending subject to appropriation

    S. 3346 would authorize appropriations totaling $19.5 
billion to finance the activities of NASA for fiscal year 2017. 
In 2016, NASA received an appropriation of $19.3 billion. Based 
on historical spending patterns, CBO estimates that 
implementing the bill would cost $19.4 billion over the 2017-
2021 period. Specifically, the bill would authorize 
appropriations for the following activities:
           $5.4 billion for programs under NASA's 
        Science account. In 2016, those programs received an 
        appropriation of $5.6 billion;
           $4.5 billion for NASA activities related to 
        space exploration. In 2016, exploration programs 
        received an appropriation of $4.0 billion;
           $5.0 billion for programs within space 
        operations. In 2016, those programs received an 
        appropriation of $5.0 billion;
           $2.8 billion for NASA expenses related to 
        safety, security, and mission services. Those programs 
        received an appropriation of $2.8 billion in 2016; and
           $1.8 billion in 2017 for other NASA 
        activities, including aeronautics, space technology, 
        education, construction and environmental compliance 
        and restoration, and the NASA inspector general. In 
        2016, those programs received appropriations totaling 
        $1.9 billion.

Direct spending

    By authorizing private parties to provide funds or other 
in-kind support for improvements to NASA's space transportation 
infrastructure, CBO estimates that enacting S. 3346 would 
increase direct spending by $40 million over the next 10 years. 
Provisions of the bill that would modify NASA's authority to 
indemnify contractors for certain losses also could affect 
direct spending, but CBO estimates that any such effects would 
not be significant over the 10-year period.
    Financing of Space Transportation Infrastructure. Section 
623 would authorize NASA to accept funds, services, and 
equipment from nonfederal entities for improvements to the 
agency's space transportation infrastructure. Agreements with 
nonfederal entities would be subject to various conditions, 
including criteria focused on promoting greater use of NASA's 
facilities by the private sector, requirements for documenting 
the ownership and usage rights for the affected assets or 
services, restrictions on investors' ability to directly 
recover their costs from the government, and directives for 
NASA to treat such cash or in-kind investments in a manner 
consistent with existing laws regarding the sale or use of 
space transportation property or services.
    Based on information from NASA, CBO expects that this new 
authority would primarily be used at the Kennedy Space Center 
(KSC) in Florida and the Wallops Flight Facility in Virginia. 
NASA's strategic plans for those sites call for NASA to retain 
ownership and control over the land and key assets but to 
gradually shift operational and financial responsibility for 
most space launch services to nonfederal entities.\1\ As part 
of that transition, NASA has transferred certain launch pads, 
buildings, and services to the states and private-sector firms 
by exercising its existing leasing and contractual authorities. 
Reports on aeronautical facilities in Florida suggest that 
nonfederal entities are able to obtain financing for projects 
at such sites when they can secure the debt with project cash 
flows, liens on assets, or assignments of rights to use federal 
facilities, where applicable.\2\
---------------------------------------------------------------------------
    \1\See Kennedy Space Center, Future Development Concept, 2012-2031, 
p. 17. http://www.nasa.gov/centers/kennedy/pdf/634026main_future-
concept.pdf.
    \2\See Space Florida, Florida Economic Development Financing and 
Incentives Available to Aerospace Companies, June, 2013. http://
www.spaceflorida.gov/docs/fact-sheets/florida-economic-development-
incentives-update-6-4-2013.pdf?sfvrsn=2.
---------------------------------------------------------------------------
    CBO expects that the authorities provided by section 623 
would be used for projects that could not be implemented using 
NASA's existing authorities to obtain financing; such projects 
would probably involve infrastructure or services that are 
owned or controlled by NASA with the new agreements providing 
the contractual assurances necessary to allow private partners 
to secure financing. There is a mix of federal and nonfederal 
uses at KSC and the Wallops Flight Facility and CBO estimates 
that federal users would receive about half of the benefit of 
those investments. Although the legislation would prohibit 
commercial firms from directly charging NASA for the cost of 
any infrastructure improvements to federal facilities, CBO 
expects those firms would recover some of their investments 
from NASA. CBO considers private financing on behalf of the 
federal government for government activities to be similar to 
an agency using federal borrowing authority to improve its 
physical infrastructure. Such indefinite borrowing authority is 
classified as direct spending because funding to cover the full 
cost of the project is not provided in advance in appropriation 
acts.
    Considering trends in NASA's capital expenditures and 
spending by private firms on aeronautical facilities, CBO 
estimates that implementing S. 3346 would increase net direct 
spending by an average of about $4 million a year, or $35 
million over the 2017-2026 period. Such spending would be 
equivalent to less than 5 percent of the average amounts 
appropriated for construction-related activities at KSC over 
the last five years, reflecting CBO's expectation that the 
legal and financial complexity of these transactions would 
limit their use during this period. That cost also would be 
less than 10 percent of the $480 million in financing arranged 
by the state of Florida for aerospace facilities over the 2000-
2013 period.
    Indemnification of Launch and Recovery Services. Section 
304 would modify the statutory framework governing NASA's 
liability for certain third-party claims stemming from space 
launch or reentry activities that are classified as nuclear or 
unusually hazardous in nature. CBO estimates that implementing 
section 304 would change the allocation of risk to NASA from 
its contractors but would have no significant net effect on 
direct spending or spending subject to appropriation.
    NASA's existing authority and policy is to indemnify 
contractors involved in activities using nuclear or unusually 
hazardous materials from any liability that exceeds $500 
million per vehicle launch or reentry.\3\ Any federal payments 
for damage claims made under this existing authority are not 
subject to appropriation.
---------------------------------------------------------------------------
    \3\NASA's existing authority derives from a 1958 statute regarding 
national defense contracts (Public Law 85-804), which was made 
applicable to NASA by Executive Order 10789, as amended.
---------------------------------------------------------------------------
    Under the bill, NASA could set the liability of its 
contractors for each vehicle launch or reentry at an estimate 
of the maximum probable loss from the launch or reentry, 
subject to a ceiling of either $500 million or the amount of 
liability insurance available on the world market at a 
reasonable cost. The bill also would allow NASA to limit the 
government's liability for third-party claims to $3 billion 
(plus additional amounts to account for future changes in 
inflation). Finally, NASA would initially be required to pay 
any such claims using finds provided in appropriation acts.\4\
---------------------------------------------------------------------------
    \4\If NASA were obligated to pay claims in excess of the amounts 
available from private insurance and appropriations, CBO assumes that 
any additional payments would be made from the Claims and Judgments 
Fund. Such spending would be an increase in direct spending.
---------------------------------------------------------------------------
    CBO estimates that NASA's liability for claims of less than 
$500 million probably would increase under the bill because 
firms historically have been required to provide less than $100 
million in primary insurance when the coverage is based on 
estimates of the maximum probable loss. On the other hand, the 
bill also would allow NASA to limit the government's liability 
for third party losses to $3 billion. CBO estimates that those 
changes would have no significant net budgetary effect over the 
2017-2026 period because the probability of events leading to 
significant damage claims by third-parties is very small and 
because private insurance has been sufficient to cover previous 
claims associated with vehicle launches and reentries.
    Pay-As-You-Go considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget-reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. The net changes in outlays that are subject to those 
pay-as-you-go procedures are shown in the following table.

CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR S. 3346, AS ORDERED REPORTED BY THE SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION ON SEPTEMBER 21,
                                                                          2016
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                       By fiscal year, in millions of dollars--
                                                             -------------------------------------------------------------------------------------------
                                                               2017   2018   2019   2020   2021   2022   2023   2024   2025   2026  2017-2021  2017-2026
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               NET INCREASE IN THE DEFICIT
 
Statutory Pay-As-You-Go Impact..............................      0      1      2      3      4      4      5      5      5      6        10         35
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Increase in long-term direct spending and deficits: CBO 
estimates that enacting the bill would not increase net direct 
spending or on-budget deficits by more than $5 billion in any 
of the four consecutive 10-year periods beginning in 2027.
    Intergovernmental and private-sector impact: S. 3346 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments.
    Estimate prepared by: Federal costs: Tiffany Arthur and 
Kathleen Gramp; Impact on state, local, and tribal governments: 
Jon Sperl; Impact on the private sector: Paige Piper-Bach.
    Estimate approved by: H. Samuel Papenfuss, Deputy Assistant 
Director for Budget Analysis.

                           Regulatory Impact

    In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       number of persons covered

    The bill would cover the employees of NASA and a portion of 
the employees at companies that contract with NASA. S. 3346 
would not expand the number of people affected by Government 
regulations. Entities participating in NASA programs already 
participate subject to regulations and the Committee does not 
anticipate expansion of those covered.

                            economic impact

    The bill would authorize additional spending by the Federal 
Government. Under the bill, authorizations of appropriations 
for NASA for fiscal year 2017 would be $19.508 billion.

                                privacy

    Recent data breaches at NASA have shown that NASA's 
security posture is ineffective and that changes are required 
to protect the personal privacy of NASA employees, contractors, 
and others. S. 3346 would direct: updated requirements reducing 
impacts on personal privacy based on directives for NASA to 
update, streamline, and improve its management, governance, and 
oversight related to information technology operations; and 
investments and information security programs for the 
protection of NASA systems.

                               paperwork

    The bill would require NASA to produce 12 reports, plans, 
and evaluations, some of which are updated existing reports, 
and some of which are required annually or periodically based 
on certain circumstances.

                   Congressionally Directed Spending

    In compliance with paragraph 4(b) of rule XLIV of the 
Standing Rules of the Senate, the Committee provides that no 
provisions contained in the bill, as reported, meet the 
definition of congressionally directed spending items under the 
rule.

                      Section-by-Section Analysis


Section 1. Short title; table of contents.

    This section would provide the short title and table of 
contents for the Act.

Section 2. Definitions.

    This section would provide definitions for key terms used 
throughout the Act.

               Title I - Authorization of appropriations


Section 101. Fiscal year 2017.

    This section would authorize appropriations for NASA for FY 
2017 at $19.508 billion.

            Title II - Sustaining national space commitments


Section 201. Sense of Congress on sustaining national space 
        commitments.

    This section would state the sense of Congress that the 
United States should sustain and build upon its national space 
commitments and investments across presidential administrations 
with a continuity of purpose to advance recent achievements in 
space exploration and space science. Further, this section 
would state the sense of Congress that: the United States can 
best leverage its space program investments by continuing to 
develop a balanced portfolio for space exploration and space 
science, including the continued development of the SLS and 
Orion; and having a national, Government-led space program is 
of critical importance to the United States.
    Finally, this section would make clear the sense of 
Congress that NASA is, and should remain, a multi-mission 
agency with a balanced and robust set of core missions in 
science, space technology, aeronautics, human space flight and 
exploration, and education.

Section 202. Findings.

    This section would make the finding that challenges of the 
past have: disrupted the completion of major space systems 
thereby impeding the planning and pursuit of national 
objectives in human space exploration; placed the Nation's 
investment in space exploration at risk; and substantially 
degraded the industrial base for aerospace. This section also 
would make it clear that the 2010 Act reflects a broad, bi-
partisan agreement on the path forward for NASA's core 
missions, and serves as the foundation for the policy updates 
found in this Act. Additionally, this section would underscore 
that Congress finds that it is imperative that the United 
States sustain the investment and maximize the utilization of 
the ISS and ISS National Laboratory, and would highlight the 
importance of NASA continuing to make progress with the 
development of the Commercial Crew Program and of NASA having a 
continuity of purpose.

   Title III - Maximizing utilization of the ISS and low-Earth orbit


Section 301. Operation of the ISS.

    This section would state the sense of Congress that: after 
15 years of continuous human presence in LEO, the ISS continues 
to overcome challenges and operate safely; the expansion of 
partnerships, scientific research, commercial applications, and 
exploration testbed capabilities of the ISS is essential to 
ensuring the greatest return on U.S. investments; the stable 
and successful Commercial Cargo Program and Commercial Crew 
Program are critical to ensuring timely provisioning of the ISS 
and to reestablishing the capability to launch United States 
government astronauts from U.S. soil into orbit; sustaining 
U.S. leadership and progress in human space exploration is 
enabled by continuing utilization of the ISS; NASA should 
continue to support the development of the Commercial Crew 
Program as planned to end reliance upon Russian transport of 
United States government astronauts to the ISS which has not 
been possible since the retirement of the Space Shuttle program 
in 2011; and the ISS should continue to provide a platform for 
fundamental microgravity, discovery-based space life and 
physical sciences research.
    This section also would reaffirm that it is the policy of 
the United States, in consultation with its international 
partners, to support full and complete utilization of the ISS 
through at least 2024.

Section 302. Transportation to ISS.

    This section would state the sense of Congress that: NASA 
should build upon the success of the COTS Program and CRS 
Program that have allowed private sector companies to partner 
with NASA to deliver cargo and scientific experiments to the 
ISS since 2012; and once certified and fully operational, the 
Commercial Crew Program transportation systems should serve as 
the primary means of transporting United States government 
astronauts and international partner astronauts from U.S. soil 
to and from the ISS; and these transportation systems should 
have the capability of serving as ISS emergency crew rescue 
vehicles. This section also would make it clear that it is the 
sense of Congress that the 21st Century Launch Complex Program 
has enabled significant modernization and infrastructure 
improvements at launch sites across the United States and that 
the program should be continued in a manner that leverages 
State and private investments to achieve the goals of the 
program.
    This section also would state the policy of the United 
States that services for Federal Government access to, and 
return from, the ISS, whenever practicable, shall be procured 
via fair and open competition for well-defined, milestone-
based, Federal Acquisition Regulation-based contracts. This 
section also would make a technical amendment to existing law 
and direct NASA to protect the safety of U.S. crews by ensuring 
commercial crew systems meet all applicable human rating 
requirements in accordance with law.

Section 303. ISS transition plan.

    This section would include the findings of Congress that 
NASA has been both the primary supplier and consumer of human 
space flight capabilities and services of the ISS and in LEO. 
The section would express the sense of Congress that an orderly 
transition is needed for U.S. human space flight activities in 
LEO from the current regime, that relies heavily on NASA 
sponsorship, to a regime where NASA is one of many customers of 
a LEO commercial human space flight enterprise.
    This section would direct NASA, in coordination with the 
ISS management entity, ISS partners, and the commercial space 
sector, to develop a plan to transition in a step-wise approach 
from the current regime to a regime where NASA is one of many 
customers of a LEO commercial human space flight enterprise. 
Further, this section would require NASA to submit a report to 
the appropriate committees of Congress, not later than December 
1, 2017, and triennially thereafter until 2023, that includes 
an outline of specific details of an ISS transition.

Section 304. Indemnification; NASA launch services and reentry 
        services.

    This section would amend subchapter III of chapter 201 of 
title 51, United State Code, to grant NASA the authority to 
indemnify contractors providing launch services for the agency 
for launches that are by the Government and for the Government 
and thus are not commercially licensed by the Secretary of 
Transportation and are accordingly not afforded the 
indemnification protection provided by the United States 
Government for such launches. The authority would largely 
mirror the Secretary of Transportation's existing authority for 
commercially licensed launches. The section would authorize the 
Administrator of NASA in a contract with a provider to 
indemnify the provider against successful claims by third 
parties for death, bodily injury, or loss of or damage to 
property resulting from launch services and reentry services 
carried out under the contract that the contract defines as 
unusually hazardous or nuclear in nature. Further, this section 
would describe the scope of the indemnification by the United 
States Government, the terms of indemnification, and the 
required liability insurance of the provider.
    The section would require a provider to obtain insurance or 
demonstrate financial responsibility for the maximum probable 
losses, as determined by the Administrator, in an amount not to 
exceed $500 million for third party losses and $100 million for 
losses by the Government, or the maximum liability insurance 
available on the global market at reasonable cost. The section 
would limit indemnification to the limit on commercial launch 
indemnification provided in section 50915 of title 51, United 
States Code. The section would require that the insurance 
policy or demonstration of financial responsibility protect the 
Government and its personnel and related entities, the provider 
and its related entities, and any government astronauts 
involved in the launch services.
     The section also would require that the Government and 
provider enter into a reciprocal waiver of claims with certain 
limitations. The authority would require that any payment made 
under the section be certified to be just and reasonable by the 
Administrator of NASA and that such payments be subject to 
congressional appropriations. The section would clarify that 
the authority granted does not in any way limit the 
Administrator of NASA from using other appropriate authorities 
to provide indemnification for Government contractors.

           Title IV - Advancing human deep space exploration


          Subtitle A - Human exploration goals and objectives


Section 411. Human exploration long term goals.

    This section would amend existing law regarding the long 
term goals of the human space flight and exploration efforts of 
NASA. The amendment made by this section would add to the long 
term goals of the human space flight and exploration efforts of 
NASA by authorizing the inclusion of academic and industry 
partners in NASA's efforts to expand permanent human presence 
beyond LEO. The long term goals also would include the peaceful 
settlement of a location in space or on another celestial body 
and a thriving space economy in the 21st Century.

Section 412. Goals and objectives.

    This section would amend existing law to add the 
achievement of human exploration of Mars, including the 
establishment of a capability to extend human presence, 
including potential human habitation, on the surface of Mars, 
as one of the goals and objectives of NASA.

Section 413. Vision for space exploration.

    This section would amend existing law to direct NASA to 
manage human space flight programs to enable humans to explore 
Mars and other destinations by defining a series of sustainable 
steps and conducting mission planning and research and 
technology development on a timetable that is technically and 
fiscally possible.

Section 414. Exploration plan and programs.

    This section would amend existing law to authorize NASA to 
implement an exploration research and technology development 
program to enable human and robotic operations.

Section 415. Stepping stone approach to exploration.

    This section would amend existing law to direct NASA to 
take all necessary steps to ensure that activities in its human 
exploration program are designed and implemented in a manner 
that gives strong consideration to how those activities might 
also help meet the requirements of future exploration and 
utilization activities leading to human habitation on the 
surface of Mars. Further, this section would require NASA, 
within budgetary considerations, to seek to complete any 
exploration-related project, once it has entered its 
development phase, without delay.

        Subtitle B - Assuring core capabilities for exploration


Section 421. Space Launch System and Orion.

    This section would include the findings of Congress that 
NASA has made steady progress in developing and testing the SLS 
and Orion exploration systems. It would further state that 
through the 21st Century Launch Complex Program and Exploration 
Ground Systems Programs, NASA has made significant progress in 
transforming exploration ground systems infrastructure to meet 
NASA's mission requirements for the SLS and Orion. Finally, it 
would recognize that these programs are meeting mission 
objectives to modernize NASA's launch complexes to the benefit 
of the civil, defense, and commercial space sectors.
    This section would express the sense of Congress that the 
United States National Space Program should continue to make 
progress on its commitment by fully developing the SLS, Orion, 
and related exploration ground systems. Further, Congress would 
express its support for NASA providing its contractors with the 
proper indemnification for launch vehicles, launch vehicle 
hardware, and launch services procured by NASA in support of 
NASA missions. This would include application of 
indemnification under Public Law 85-804 (50 U.S.C. 1431 et 
seq.) to the SLS and Orion, which are being contemplated for a 
wide range of missions, and would facilitate the national 
defense, science, and exploration objectives of the United 
States. Finally, it would express the sense of Congress that 
the United States should have continuity of purpose for the SLS 
and Orion in deep space exploration missions.
    Further, this section would direct NASA to continue the 
development of an uncrewed exploration mission to demonstrate 
the capability of both the SLS and Orion as an integrated 
system by 2018. The section would direct NASA to continue 
development toward a crewed exploration mission to demonstrate 
the SLS, including the Core Stage and Exploration Upper Stage, 
and the crewed Orion by 2021. The section further would direct 
NASA to develop subsequent missions beginning with EM-3 using 
the SLS and Orion to extend into cis-lunar space and eventually 
to Mars, and a deep space habitat as the next element in a deep 
space exploration architecture along with the SLS and Orion. 
Finally, this section would direct NASA to assess the utility 
of the SLS for use by the science community and for other 
Federal Government launch needs.

                      Subtitle C - Journey to Mars


Section 431. Space technology infusion.

    This section would express the sense of Congress that 
advancing propulsion technology would improve the efficiency of 
trips to Mars and could shorten travel time to Mars and reduce 
astronaut health risks, reduce radiation exposure, consumables, 
and mass of materials required for the journey. This section 
would direct NASA to develop technologies to support its core 
missions while also supporting sustained investments in early 
stage innovation and fundamental research and technologies to 
expand the boundaries of the national aerospace enterprise. 
Finally, this section would state that one goal of the 
propulsion technologies developed under the direction in this 
section is to reduce human travel time to Mars.

Section 432. Findings on human space exploration.

    This section would state that Congress finds that the 
National Academies of Sciences, Engineering, and Medicine, 
through its Committee on Human Spaceflight, conducted a review 
of the goals, core capabilities, and direction of human space 
flight, and published the findings and recommendations in a 
2014 report entitled, ``Pathways to Exploration: Rationales and 
Approaches for a U.S. Program of Human Space Exploration.'' 
This section would highlight some of the findings and 
recommendations in that report, including affirmation that Mars 
is the appropriate long-term goal for the human space flight 
program and a recommendation that NASA define a series of 
sustainable steps and conduct mission planning and technology 
development as needed to eventually place humans on the surface 
of Mars.

Section 433. Strategic framework for human spaceflight and exploration.

    This section would express the sense of Congress that 
expanding human presence beyond LEO and advancing toward human 
missions to Mars in the 2030s requires early planning and 
timely decisions to be made in the near-term; specifically, 
decisions on the necessary courses of action for commitments to 
achieve short-term and long-term goals and objectives. Further, 
this section would express the sense of Congress that for 
strong and sustained U.S. leadership, a need exists to advance 
a strategic framework addressing exploration objectives, in 
collaboration with international, academic, and industry 
partners.
    This section would direct NASA to develop a strategic 
framework, including a critical decision plan, to expand human 
presence beyond LEO, including cis-lunar space, the moons of 
Mars, the surface of Mars, and beyond. The framework and the 
critical decision plan would both be required to include 
specific details and would need to be developed and submitted 
to the appropriate committees of Congress before December 1, 
2017. An updated strategic framework, including an updated 
critical decision plan, would be required every 2 years 
thereafter.

Section 434. Advanced space suit capability.

    This section would direct NASA to submit a detailed plan 
for achieving an advanced space suit capability that aligns 
with the crew needs for exploration enabled by the SLS and 
Orion, including an evaluation of the merit of delivering the 
planned space suit system for use on the ISS, to the 
appropriate committees of Congress no later than 90 days after 
the date of enactment of this Act.

Section 435. Asteroid Robotic Redirect Mission.

    This section would include the findings of Congress that 
the costs of the ARRM are growing and that NASA must evaluate 
whether to accept the increase in cost or reduce the ARRM's 
scope to stay within the $1.25 billion cost cap previously set 
by the Administrator of NASA.
    Additionally, this section would state that Congress finds 
that, in the past, the NASA Advisory Council has made 
recommendations to NASA regarding the cost and scope of the 
ARRM and has expressed its concern to NASA about the potential 
for growing costs for the program. This section would highlight 
that the NASA Advisory Council believes the development of high 
power solar electric propulsion and the ability to maneuver in 
a low gravity environment in deep space are the key priorities 
of the ARRM. This section also would state that Congress finds 
that the ARRM is competing for resources with other critical 
exploration development programs, including the SLS, Orion, 
commercial crew, and habitation module.
    This section would express the sense of Congress that the 
technological and scientific goals of the ARRM may not be 
commensurate with the cost, and that alternative missions may 
provide a more cost effective and scientifically beneficial 
means to demonstrate the technologies needed for a human 
mission to Mars.
    Finally, this section would require that, within 180 days 
of the date of enactment of this Act, NASA conduct and provide 
the appropriate committees of Congress with an evaluation and 
report consisting of: alternative approaches to the ARRM for 
demonstrating the technologies needed for a human mission to 
Mars; the scientific, technical, and commercial benefits of the 
alternative approaches identified; and a comparison of the 
estimated costs of the alternative approaches identified.

    Subtitle D - Scott Kelly Human Space Flight and Exploration Act


Section 441. Short title.

    This section would provide the short title for subtitle D 
of this Act.

Section 442. Findings; sense of Congress.

    This section would state Congress' findings that human 
space exploration can pose significant challenges and is full 
of substantial risk, including increased health risks for 
astronauts who may be exposed to high levels of radiation. 
Additionally, this section would highlight Congress' finding 
that United States government astronaut Scott Kelly 
participated in a 1-year twins study in space to advance the 
goal of long-duration space flight missions. The section would 
find that NASA currently provides medical monitoring, 
diagnosis, and treatment for United States government 
astronauts during their active employment. Congress would also 
find that NASA has requested statutory authority from Congress 
to provide medical monitoring, diagnosis, and treatment for 
former United States government astronauts or payload 
specialists due to the unknown long-term health consequences of 
long-duration space exploration.
    This section would express the sense of Congress that the 
United States should continue to seek the unknown and lead the 
world in space exploration, that data relating to the health of 
astronauts will become increasingly valuable, and that NASA 
should provide monitoring, diagnosis, and treatment for United 
States government astronauts solely for conditions considered 
unique to the training or exposure to the spaceflight 
environment.
    Further, this section would express the sense of Congress 
that NASA should not require any former United States 
government astronauts to participate in any medical monitoring. 
This section would express the sense of Congress that such 
monitoring, diagnosis, and treatment should not replace a 
former United States government astronaut's private health 
insurance, and that the expanded data acquired from such 
monitoring, diagnosis, and treatment should be used to tailor 
treatment, inform the requirements for new spaceflight medical 
hardware, and develop controls in order to prevent disease 
occurrence in the astronaut corps.
    Finally, this section also would express the sense of 
Congress that the 340-day space mission of Scott Kelly aboard 
the ISS generated new insight into how the human body adjusts 
to weightlessness, isolation, radiation, and the stress of 
long-duration space flight and will help support the physical 
and mental well-being of astronauts during longer space 
exploration missions in the future.

Section 443. Medical monitoring and research relating to human space 
        flight.

    This section would amend subchapter III of chapter 201 of 
title 51, United States Code, to authorize NASA to provide for 
the medical monitoring, diagnosis, and treatment of a United 
States government astronaut, or a former United States 
government astronaut or payload specialist, for conditions that 
the Administrator of NASA considers associated with human space 
flight, including scientific and medical tests for 
psychological and medical conditions.
    Further, the amendment made by this section would prohibit 
NASA from: requiring medical monitoring, diagnosis, or 
treatment of a United States government astronaut, or a former 
United States government astronaut or payload specialist, for 
any psychological or medical condition that is not associated 
with human space flight; or requiring a former United States 
government astronaut or payload specialist to participate in 
the monitoring authorized in this section.
    Further, the amendment made by this section to title 51, 
United States Code, would require NASA to protect the privacy 
of all medical records generated as a result of the new section 
of that title in a way that is consistent with current privacy 
law, and to issue such regulations as are necessary to carry 
out the new section of that title.

                   Title V - Advancing space science


Section 501. Maintaining a balanced space science portfolio.

    The amendment made by this section would restate the 
current sense of Congress that a balanced and adequately funded 
set of activities, consisting of research and analysis grants 
programs, technology development, suborbital research 
activities, and small, medium, and large space missions, 
contributes to a robust and productive science program and 
serves as a catalyst for innovation and discovery and that NASA 
should set science priorities by following the guidance 
provided by the scientific community through the National 
Academy of Sciences' decadal surveys.

Section 502. Planetary science.

    This section would underscore that Congress finds that: 
NASA's support for planetary science is critical to enabling 
greater understanding of the solar system and the origin of the 
Earth; the United States leads the world in planetary science 
and can augment its success in that area with appropriate 
international partnerships; a mix of small, medium, and large 
planetary science missions is required to sustain a steady 
cadence of planetary exploration; and robotic planetary 
exploration is a key component of preparing for future human 
exploration.
    This section would direct NASA to ensure, to the greatest 
extent practicable, the completion of a balanced set of 
Discovery, New Frontiers, and flagship missions that build on 
NASA's accomplishments with a promise of new, inspiring 
discoveries in the future. Additionally, this section would 
authorize NASA to seek, if necessary, adjustments to mission 
priorities, schedule, and scope in light of changing budget 
projections.

Section 503. James Webb Space Telescope.

    This section would state that it is the sense of Congress 
that: the JWST should significantly advance our understanding 
and knowledge of star and planet formation and of the early 
universe, and should support U.S. leadership in astrophysics; 
and NASA should continue robust surveillance of the performance 
of the JWST project and continue to improve the reliability of 
cost estimates and contractor performance data and other major 
spaceflight projects in order to enhance NASA's ability to 
successfully deliver the JWST on-time and within budget.

Section 504. Sense of Congress on Wide-field Infrared Survey Telescope.

    This section would state the sense of Congress that the 
WFIRST mission has the potential to enable scientific 
discoveries that will transform our understanding of the 
universe and that NASA, to the extent practicable, should make 
progress on the technologies and capabilities needed to meet 
the objectives, as outlined in the 2010 National Academies of 
Sciences, Engineering and Medicine's Astronomy and Astrophysics 
Decadal Survey, in a way that maximizes the scientific 
productivity of meeting those objectives for the resources 
invested.

Section 505. Sense of Congress on Mars 2020 rover.

    This section would state the sense of Congress that the 
Mars 2020 mission should remain a priority for NASA and that 
the mission should significantly increase our understanding of 
Mars, should help determine whether life previously existed on 
that planet, and should provide opportunities to gather 
knowledge and demonstrate technologies that address the 
challenges of future human expeditions to Mars.

Section 506. Europa.

    This section would state that Congress finds that: studies 
of Europa indicate that Europa may provide a habitable 
environment; NASA scientists observed water vapor around the 
south polar region of Europa, which provide potential evidence 
of water plumes in that region; the Europa mission has, for 
decades, consistently ranked as a high priority mission for the 
scientific community; and the Europa mission was ranked as the 
top priority mission in the previous Planetary Science Decadal 
Survey and ranked as the second-highest priority in the current 
Planetary Science Decadal Survey.
    Further, this section would state the sense of Congress 
that the Europa mission could provide another avenue in which 
to capitalize on our Nation's current investment in the SLS 
that would significantly reduce the transit time for such a 
deep space mission and that a scientific, robotic exploration 
mission to Europa, as prioritized in both Planetary Science 
Decadal Surveys, should be supported.

                    Title VI - Maximizing efficiency


      Subtitle A - Agency information technology and cybersecurity


Section 611. Information technology governance.

    This section would direct several steps intended to improve 
agency-wide management and oversight over information 
technology operations and investments and information security 
programs for the protection of NASA systems. To achieve this, 
this section would require the Administrator of NASA to ensure 
the NASA CIO has a significant role in such management and 
oversight, require that the NASA CIO directly report to the 
Administrator of NASA, and establish a monetary threshold for 
NASA CIO project approval.
    This section also would require the Administrator of NASA 
to provide an information technology management framework to 
increase the efficiency and effectiveness of information 
technology investments using a metrics-based approach to reduce 
duplication, waste, and cost, and improve the coordination 
between the NASA CIO and the Centers, Mission Directorates, and 
Mission Support Offices. This section also would direct a 
review of information technology investments and consideration 
of appropriate revisions to information technology boards and 
councils.

Section 612. Information technology strategic plan.

    The section would outline an information technology 
strategic plan that would include: near and long-term goals and 
objectives; a plan for how the agency will implement an agency-
wide centralized approach to information technology investments 
and operations, including reducing barriers to cross-center 
collaboration; increased coordination, efficiency and 
effectiveness of information technology investments; improving 
the information security of agency information systems; and 
informing Congress of high risk projects and cybersecurity 
risks.

Section 613. Cybersecurity.

    This section would require the Administrator of NASA to 
develop an agency-wide information security plan consistent 
with requirements under the Federal Information Security 
Management Act of 2002 (Public Law 107-296; 116 Stat. 2259). 
The plan would be required to provide an overview of the 
requirements of NASA systems, identification of roles and 
responsibilities, and increased coordination among 
organizational entities.

Section 614. Oversight implementation progress.

    This section would require the Administrator of NASA to 
provide an update to Congress on the response to or progress 
made toward implementation of the security plan, as well as 
toward any information security issues and recommendations 
identified by the NASA Inspector General and GAO in the last 5 
years.

Section 615. Software oversight.

    This section would direct the Administrator of NASA to 
develop a strategic plan to move away from legacy software, 
develop an agency-wide software license management policy, and 
direct an agency-wide inventory encompassing the agency's total 
software licenses and spending, including costs, benefits, 
usage, and trending data.

Section 616. Security management of foreign national access.

    This section would require the Administrator of NASA to 
notify the appropriate members of Congress when the agency has 
implemented the information technology security recommendations 
from the National Academy of Public Administration on foreign 
national access management.

Section 617. Cybersecurity of web applications.

    This section would direct the NASA CIO to develop a plan to 
fully remediate security vulnerabilities of web applications 
and implement the recommendation from the NASA Inspector 
General to remove from the Internet or secure with a web 
application firewall all agency web applications in development 
or testing mode.

Subtitle B - Collaboration among mission directorates and other matters


Section 621. Collaboration among mission directorates.

    This section would direct NASA to encourage an 
interdisciplinary approach among all NASA mission directorates 
and divisions, where appropriate, for projects or missions in 
order to improve coordination, collaboration and early 
planning, to determine areas of overlap or alignment, to find 
ways to leverage across divisional perspectives to maximize the 
outcomes, and to be more efficient with resources and funds.

Section 622. NASA launch capabilities collaboration.

    This section would include the findings of Congress that: 
the Launch Services Program is responsible for the acquisition, 
management, and technical oversight of commercial launch 
services for NASA's science and robotic missions; the 
Commercial Crew Program is responsible for the acquisition, 
management, and technical oversight of commercial crew 
transportation systems; the Launch Services Program and 
Commercial Crew Program have worked together to gain 
exceptional technical insight into the contracted launch 
service providers which are common to both programs; and the 
co-location of the Launch Services Program and Commercial Crew 
Program has allowed the Commercial Crew Program to efficiently 
tap into the launch vehicle technical expertise and provide 
engineering and analytical support to the Commercial Crew 
Program.
    Further, this section would state the sense of Congress 
that the Launch Services Program and Commercial Crew Program 
benefit from communication and coordination of launch 
manifests, technical information, and common launch vehicle 
insight between the programs and that communication and 
coordination is enabled by the co-location of both programs.
    Finally, this section would direct NASA to pursue a 
strategy for acquisition of crewed transportation services and 
non-crewed launch services that continues to enhance 
communication, collaboration, and coordination between the 
Launch Services Program and the Commercial Crew Program.

Section 623. Commercial space launch cooperation.

    This section would find that Congress recognized the 
benefit of commercial space launch cooperation between the 
Federal Government and the private sector when it granted the 
Secretary of Defense authority to foster cooperation between 
the Department of Defense (DOD) and certain covered entities 
relating to space transportation infrastructure. This section 
also would express the sense of Congress that NASA should take 
into account the unique needs and obligations that multi-user, 
public State spaceports may have with the State government, as 
well as current and prospective contractual agreements with 
commercial and government customers when developing and 
carrying out agreements made under this new provision. Further, 
this section would state that the authority granted under this 
section is not intended to supersede or conflict with current 
law.
    This section would amend chapter 505 of title 51, United 
States Code, to give NASA authority similar to the DOD 
authority discussed in the sense of Congress to enter into an 
agreement with a covered entity to provide the covered entity 
with support and services related to the space transportation 
infrastructure of NASA in order to achieve certain objectives. 
Further, the amendment made by this section would allow NASA to 
enter into an agreement with a covered entity on a cooperative 
and voluntary basis to accept payments for improvements to the 
space transportation infrastructure and contributions of 
services and equipment in specific scenarios. The amendment 
made by this section also would set certain requirements with 
respect to these agreements.
    Contributions made by a covered entity under the new 
section 50507 of title 51, United States Code, would not be 
allowable costs (direct or indirect) against another contract 
or agreement with the Government. The Committee is aware of 
concerns brought forward by some stakeholders regarding 
agreements between covered entities that entering into an 
agreement under this authority may limit their ability to 
recover the cost of their contribution through ``any other 
agreement with the United States.'' More specifically, the 
concern was raised about the ability of a covered entity to 
utilize infrastructure or services made possible under the new 
section 50507 in the fulfillment of fair market price contracts 
with the United States Government. For example, if NASA is 
building a new ground station, and a ``covered entity'' 
contributes to the costs of its construction the covered entity 
may be unable to recoup funds from another agreement if this 
new ground system is utilized during a launch for NASA.

Section 624. Detection and avoidance of counterfeit parts.

    This section would state that Congress finds: that in 2012 
an investigation by the Committee on Armed Services of the 
Senate on counterfeit electronic parts in the DOD supply chain 
from 2009 to 2010 involved 1,800 cases and exceeded 1,000,000 
counterfeit parts, risking the lives and security of U.S. 
service members and threatening national security; and that in 
three reports since 2010, the GAO identified risks and 
challenges associated with counterfeit parts and counterfeit 
prevention at both DOD and NASA, including inconsistent 
definitions of counterfeit parts and poorly targeted quality 
control practices, as well as potential barriers to 
improvements to these practices. Additionally, this section 
would state the sense of Congress that counterfeit electronic 
parts in the NASA supply chain represent a danger to government 
astronauts, crew, and other personnel and a risk to the agency 
overall.
    This section would require NASA to revise the NASA 
Supplement to the Federal Acquisition Regulation to address the 
detection and avoidance of counterfeit electronic parts and to 
meet the specific requirements outlined in this section not 
later than 270 days after the date of enactment this Act.

Section 625. Education and outreach.

    This section would state the sense of Congress that: U.S. 
competitiveness in the 21st century requires engaging the 
science, technology, engineering, and mathematics (STEM) talent 
in all States; NASA is uniquely positioned to educate and 
inspire students and the broader public on STEM subjects and 
careers; NASA has been effective in delivering educational 
content because of the strong engagement of NASA scientists and 
engineers in its education and outreach activities; and NASA's 
education and outreach programs reflect its successful 
commitment to growing and diversifying the national science and 
engineering workforce.
    This section also would authorize NASA to continue 
engagement with the public and education opportunities for 
students through all of its mission directorates to the maximum 
extent practicable. Finally, this section would require NASA, 
no later than 60 days after the date of enactment of this Act, 
to submit a report to the appropriate committees of Congress on 
its near-term outreach plans for advancing space law education.

Section 626. Leveraging commercial satellite servicing capabilities 
        across mission directorates.

    This section would state that Congress finds that: NASA 
will benefit from refueling and relocating aging satellites to 
extend their operational lifetimes; this capability is 
important for lowering the costs of ongoing scientific, 
national security, and commercial satellite operations; and the 
technologies involved in satellite servicing are all critical 
capabilities to support a human exploration mission to Mars. 
Further, this section would express the sense of Congress that: 
satellite servicing is a vital capability that will bolster the 
capacity and affordability of NASA's ongoing scientific and 
human exploration operations, and enhance the ability of 
domestic companies to compete in the global marketplace; and 
the future of NASA satellites and spacecraft across mission 
directorates should be constructed in a manner that allows for 
servicing in order to maximize operational longevity and 
affordability.
    This section also would require NASA to identify orbital 
assets in both the Science Mission Directorate and the Human 
Exploration and Operations Mission Directorate that could 
benefit from satellite servicing-related technologies. 
Additionally, this section would require NASA to work across 
all of its mission directorates to evaluate opportunities for 
the private sector to perform such services or advance 
technical capabilities by leveraging the technologies and 
techniques developed by both NASA programs and other industry 
programs.

Section 627. Flight opportunities.

    This section would direct NASA, as the Administrator of 
NASA considers appropriate, to expand the development of 
technology payloads for scientific research and investigating 
new or improved capabilities. Additionally, this section would 
require NASA to make funds available for flight testing, 
payload development, and hardware related to the development of 
new technology payloads and investigating improved 
capabilities. Finally, this section would reaffirm the policy 
found in the 2010 Act that NASA should provide flight 
opportunities for payloads to microgravity environments and 
suborbital altitudes.

Section 628. Sense of Congress on small class launch missions.

    This section would express the sense of Congress that 
Venture Class Launch Services contracts awarded under the 
Launch Services Program will expand opportunities for future 
dedicated launches of CubeSats and other small satellites. 
Additionally, this section would state the sense of Congress 
that small orbital science missions and the principal 
investigator-led small orbital science missions offer valuable 
opportunities to advance science at low cost, train the next 
generation of scientists and engineers, and enable participants 
to acquire skills in systems engineering and systems 
integration. It also would express the sense of Congress that 
these factors are critical to maintaining United States 
leadership in space and for enhancing United States innovation 
and competitiveness abroad.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
material is printed in italic, existing law in which no change 
is proposed is shown in roman):

            TITLE 51. NATIONAL AND COMMERCIAL SPACE PROGRAMS


           SUBTITLE II. GENERAL PROGRAM AND POLICY PROVISIONS

          CHAPTER 201. NATIONAL AERONAUTICS AND SPACE PROGRAM

           SUBCHAPTER III. GENERAL ADMINISTRATIVE PROVISIONS

Sec. 20148. Indemnification; NASA launch services and reentry services

  (a) In General.--Under such regulations in conformity with 
this section as the Administrator shall prescribe taking into 
account the availability, cost, and terms of liability 
insurance, any contract between the Administration and a 
provider may provide that the United States will indemnify the 
provider against successful claims (including reasonable 
expenses of litigation or settlement) by third parties for 
death, bodily injury, or loss of or damage to property 
resulting from launch services and reentry services carried out 
under the contract that the contract defines as unusually 
hazardous or nuclear in nature, but only to the extent the 
total amount of successful claims related to the activities 
under the contract--
          (1) is more than the amount of insurance or 
        demonstration of financial responsibility described in 
        subsection (c)(3); and
          (2) is not more than the amount specified in section 
        50915(a)(1)(B).
  (b) Terms of Indemnification.--A contract made under 
subsection (a) that provides indemnification shall provide 
for--
          (1) notice to the United States of any claim or suit 
        against the provider for death, bodily injury, or loss 
        of or damage to property; and
          (2) control of or assistance in the defense by the 
        United States, at its election, of that claim or suit 
        and approval of any settlement.
  (c) Liability Insurance of the Provider.--
          (1) In general.--The provider under subsection (a) 
        shall obtain liability insurance or demonstrate 
        financial responsibility in amounts to compensate for 
        the maximum probable loss from claims by--
                  (A) a third party for death, bodily injury, 
                or property damage or loss resulting from a 
                launch service or reentry service carried out 
                under the contract; and
                  (B) the United States Government for damage 
                or loss to Government property resulting from a 
                launch service or reentry service carried out 
                under the contract.
          (2) Maximum probable losses.--
                  (A) In general.--The Administrator shall 
                determine the maximum probable losses under 
                subparagraphs (A) and (B) of paragraph (1) not 
                later than 90 days after the date that the 
                provider requests such a determination and 
                submits all information the Administrator 
                requires.
                  (B) Revisions.--The Administrator may revise 
                a determination under subparagraph (A) of this 
                paragraph if the Administrator determines the 
                revision is warranted based on new information.
          (3) Amount of insurance.--For the total claims 
        related to one launch or reentry, a provider shall not 
        be required to obtain insurance or demonstrate 
        financial responsibility of more than--
                  (A)(i) $500,000,000 under paragraph (1)(A); 
                or
                          (ii) $100,000,000 under paragraph 
                        (1)(B); or
                  (B) the maximum liability insurance available 
                on the world market at reasonable cost.
          (4) Coverage.--An insurance policy or demonstration 
        of financial responsibility under this subsection shall 
        protect the following, to the extent of their potential 
        liability for involvement in launch services or reentry 
        services:
                  (A) The Government.
                  (B) Personnel of the Government.
                  (C) Related entities of the Government.
                  (D) Related entities of the provider.
                  (E) Government astronauts.
  (d) No Indemnification Without Cross-waiver.--Notwithstanding 
subsection (a), the Administrator may not indemnify a provider 
under this section unless there is a cross-waiver between the 
Administration and the provider as described in subsection (e).
  (e) Cross-Waivers.--
          (1) In general.--The Administrator, on behalf of the 
        United States and its departments, agencies, and 
        instrumentalities, shall reciprocally waive claims with 
        a provider under which each party to the waiver agrees 
        to be responsible, and agrees to ensure that its 
        related entities are responsible, for damage or loss to 
        its property, or for losses resulting from any injury 
        or death sustained by its employees or agents, as a 
        result of activities arising out of the performance of 
        the contract.
          (2) Limitation.--The waiver made by the Government 
        under paragraph (1) shall apply only to the extent that 
        the claims are more than the amount of insurance or 
        demonstration of financial responsibility required 
        under subsection (c)(1)(B).
  (f) Willful Misconduct.--Indemnification under subsection (a) 
may exclude claims resulting from the willful misconduct of the 
provider or its related entities.
  (g) Certification of Just and Reasonable Amount.--No payment 
may be made under subsection (a) unless the Administrator or 
the Administrator's designee certifies that the amount is just 
and reasonable.
  (h) Payments.--
          (1) In general.--Upon the approval by the 
        Administrator, payments under subsection (a) may be 
        made from funds appropriated for such payments.
          (2) Limitation.--The Administrator shall not approve 
        payments under paragraph (1), except to the extent 
        provided in an appropriation law or to the extent 
        additional legislative authority is enacted providing 
        for such payments.
          (3) Additional appropriations.--If the Administrator 
        requests additional appropriations to make payments 
        under this subsection, then the request for those 
        appropriations shall be made in accordance with the 
        procedures established under section 50915.
  (i) Rules of Construction.--
          (1) In general.--The authority to indemnify under 
        this section shall not create any rights in third 
        persons that would not otherwise exist by law.
          (2) Other authority.--Nothing in this section may be 
        construed as prohibiting the Administrator from 
        indemnifying a provider or any other NASA contractor 
        under other law, including under Public Law 85-804 (50 
        U.S.C. 1431 et seq.).
          (3) Anti-deficiency act.--Notwithstanding any other 
        provision of this section--
                  (A) all obligations under this section are 
                subject to the availability of funds; and
                  (B) nothing in this section may be construed 
                to require obligation or payment of funds in 
                violation of sections 1341, 1342, 1349 through 
                1351, and 1511 through 1519 of title 31, United 
                States Code (commonly referred to as the 
                ``Anti-Deficiency Act'').
  (j) Relationship to Other Laws.--The Administrator may not 
provide indemnification under this section for an activity that 
requires a license or permit under chapter 509.
  (k) Definitions.--In this section:
          (1) Government astronaut.--The term ``government 
        astronaut'' has the meaning given the term in section 
        50902.
          (2) Launch services.--The term ``launch services'' 
        has the meaning given the term in section 50902.
          (3) Provider.--The term ``provider'' means a person 
        that provides domestic launch services or domestic 
        reentry services to the Government.
          (4) Related entity.--The term ``related entity'' 
        means a contractor or subcontractor.
          (5) Reentry services.--The term ``reentry services'' 
        has the meaning given the term in section 50902.
          (6) Third party.--The term ``third party'' means a 
        person except--
                  (A) the United States Government;
                  (B) related entities of the Government 
                involved in launch services or reentry 
                services;
                  (C) a provider;
                  (D) related entities of the provider involved 
                in launch services or reentry services; or
                  (E) a government astronaut.

Sec. 20149. Medical monitoring and research relating to human space 
                    flight

  (a) In General.--Notwithstanding any other provision of law, 
the Administrator may provide for the medical monitoring, 
diagnosis, and treatment of a United States government 
astronaut, or a former United States government astronaut or 
payload specialist for conditions that the Administrator 
considers associated with human space flight, including 
scientific and medical tests for psychological and medical 
conditions.
  (b) Exclusions.--The Administrator may not--
          (1) provide for medical monitoring, diagnosis, or 
        treatment of a United States government astronaut, or a 
        former United States government astronaut or payload 
        specialist, under subsection (a) for any psychological 
        or medical condition that is not associated with human 
        space flight; or
          (2) require a former United States government 
        astronaut or payload specialist to participate in the 
        monitoring authorized under subsection (a).
  (c) Privacy.--Consistent with applicable provisions of law 
relating to privacy, the Administrator shall protect the 
privacy of all medical records generated under subsection (a) 
and accessible to the Administration.
  (d) Regulations.--The Administrator shall promulgate such 
regulations as are necessary to carry out this section.

                CHAPTER 203. RESPONSIBILITIES AND VISION

Sec. 20302. Vision for space exploration

  (a) In General.--The Administrator shall establish a program 
to develop a sustained human presence in cis-lunar space or on 
the Moon, including a robust precursor program, to promote 
exploration, science, commerce, and United States preeminence 
in space, and as a stepping-stone to future exploration of Mars 
and other destinations. The Administrator is further authorized 
to develop and conduct appropriate international collaborations 
in pursuit of these goals.
  [(b) Milestones.--The Administrator shall manage human space 
flight programs to strive to achieve the following milestones 
(in conformity with section 70502 of this title):
          [(1) Returning Americans to the Moon no later than 
        2020.
          [(2) Launching the Crew Exploration Vehicle as close 
        to 2010 as possible.
          [(3) Increasing knowledge of the impacts of long 
        duration stays in space on the human body using the 
        most appropriate facilities available, including the 
        International Space Station.
          [(4) Enabling humans to land on and return from Mars 
        and other destinations on a timetable that is 
        technically and fiscally possible.]
  (b) Future Exploration of Mars.--The Administrator shall 
manage human space flight programs, including the Space Launch 
System and Orion, to enable humans to explore Mars and other 
destinations by defining a series of sustainable steps and 
conducting mission planning, research, and technology 
development on a timetable that is technically and fiscally 
possible, consistent with section 70504.

        SUBTITLE V. PROGRAMS TARGETING COMMERCIAL OPPORTUNITIES

                      CHAPTER 501. SPACE COMMERCE

       SUBCHAPTER II. PROMOTION OF COMMERCIAL SPACE OPPORTUNITIES

Sec. 50111. Commercialization of Space Station

           *       *       *       *       *       *       *


   (c) ISS Transition Plan.--
          (1) In general.--The Administrator, in coordination 
        with the ISS management entity, ISS partners, the 
        scientific user community, and the commercial space 
        sector shall develop a plan to transition in a step-
        wise approach from the current regime that relies 
        heavily on NASA sponsorship to a regime where NASA is 
        one of many customers of a low-Earth orbit commercial 
        human space flight enterprise.
          (2) Reports.--Not later than December 1, 2017, and 
        triennially thereafter until 2023, the Administrator 
        shall submit to the appropriate committees of Congress 
        a report that includes--
                  (A) an identification of low-Earth orbit 
                capabilities necessary to meet the 
                Administration's deep space human space flight 
                exploration objectives and mission requirements 
                beyond the period of operation and utilization 
                of the ISS described in section 503 of the 
                National Aeronautics and Space Administration 
                Authorization Act of 2010 (42 U.S.C. 18353), if 
                any;
                  (B) steps NASA is taking and will take, 
                including demonstrations that could be 
                conducted on the ISS, to stimulate and 
                facilitate commercial demand and supply of 
                products and services in low-Earth orbit;
                  (C) an assessment of current and projected 
                commercial activities in low-Earth orbit, 
                including on the ISS, and their potential for 
                meeting the capabilities identified in 
                subparagraph (A);
                  (D) an identification of barriers preventing 
                the commercialization of low-Earth orbit, 
                including issues relating to policy, 
                regulations, commercial intellectual property, 
                data, and confidentiality, that could inhibit 
                the use of the ISS as a commercial incubator;
                  (E) an evaluation of the feasible and 
                preferred service life of the ISS beyond the 
                period described in section 503 of the National 
                Aeronautics and Space Administration 
                Authorization Act of 2010 (42 U.S.C. 18353), 
                through at least 2028, as a unique scientific, 
                commercial, and exploration-related facility, 
                including--
                          (i) a general discussion of 
                        international partner capabilities and 
                        prospects for extending the 
                        partnership, to include the potential 
                        for participation by additional 
                        countries, for the purposes of the 
                        human development and exploration of 
                        deep space;
                          (ii) a review of essential systems, 
                        equipment upgrades, or potential 
                        maintenance that would be necessary to 
                        extend ISS operations and utilization;
                          (iii) an evaluation of the cost and 
                        schedule requirements associated with 
                        the development and delivery of 
                        essential systems, equipment upgrades, 
                        or potential maintenance identified 
                        under clause (ii);
                          (iv) an identification of possible 
                        international, academic, or industry 
                        partner contributions, cost-share, and 
                        program transitions to provide the 
                        upgrades identified under clause (ii);
                          (v) impacts on the goals and 
                        objectives of the ISS National 
                        Laboratory and the management entity 
                        responsible for operation of the ISS 
                        National Laboratory;
                          (vi) impacts on services provided by 
                        the Commercial Resupply Services and 
                        Commercial Crew Program to the ISS;
                          (vii) impacts on the use of the ISS 
                        as a testbed to transition functions of 
                        the ISS to the commercial space sector 
                        and enhance economic development of 
                        low-Earth orbit, including the 
                        evolution of self-sustaining commercial 
                        activities;
                          (viii) an assessment on the technical 
                        limiting factor of the ISS lifetime, 
                        including a list of critical components 
                        and their expected lifetime and 
                        availability;
                          (ix) an evaluation of the potential 
                        for expanding the use of ISS facilities 
                        to accommodate the needs of researchers 
                        and other users, including changes to 
                        policies, regulations, and laws that 
                        would stimulate greater private and 
                        public involvement on the ISS; and
                          (x) such other information as may be 
                        necessary to fully describe the 
                        justification for and feasibility of 
                        extending the service life of the ISS, 
                        including the potential scientific or 
                        technological benefits to the Federal 
                        Government or public, or to academic or 
                        commercial entities;
                  (F) an evaluation of the functions, roles, 
                and responsibilities for management and 
                operation of the ISS and a determination of--
                          (i) those functions, roles, and 
                        responsibilities the Federal Government 
                        should retain during the lifecycle of 
                        the ISS;
                          (ii) those functions, roles, and 
                        responsibilities that could be 
                        transferred to the commercial space 
                        sector;
                          (iii) the metrics that would indicate 
                        the commercial space sector's readiness 
                        and ability to assume the functions, 
                        roles, and responsibilities described 
                        in clause (ii); and
                          (iv) any necessary changes to any 
                        agreements or other documents and the 
                        law to enable the activities described 
                        in subparagraphs (B) and (C); and
                  (G) progress on meeting human exploration 
                research objectives on ISS and prospects for 
                accomplishing future exploration and other 
                research objectives on future commercially 
                supplied low-Earth orbit platforms or migration 
                of those objectives to cis-lunar space.
          (3) Demonstrations.--Demonstrations identified under 
        paragraph (2) may--
                  (A) test the capabilities described in 
                paragraph (2)(A); and
                  (B) demonstrate or test capabilities, 
                including commercial modules or deep space 
                habitats, Environmental Control and Life 
                Support Systems, orbital satellite assembly, 
                exploration space suits, a node that enables a 
                wide variety of activity, including multiple 
                commercial modules and airlocks, additional 
                docking or berthing ports for commercial crew 
                and cargo, opportunities for the commercial 
                space sector to cost share for transportation 
                and other services on the ISS, and other 
                commercial activities.

             CHAPTER 505. COMMERCIAL SPACE COMPETITIVENESS

Sec. 50507. Commercial launch cooperation

  (a) Authority for Agreements Relating to Space Transportation 
Infrastructure.--The Administrator--
          (1) may enter into an agreement with a covered entity 
        to provide the covered entity with support and services 
        related to the space transportation infrastructure of 
        the Administration--
                  (A) to maximize the use of the space 
                transportation infrastructure of the 
                Administration by the private sector in the 
                United States;
                  (B) to maximize the effectiveness and 
                efficiency of the space transportation 
                infrastructure of the Administration;
                  (C) to reduce the cost of services provided 
                by the Administration related to space 
                transportation infrastructure at launch support 
                facilities and space recovery support 
                facilities; and
                  (D) to encourage commercial space activities 
                by enabling investment by covered entities in 
                the space transportation infrastructure of the 
                Administration; and
          (2) at the request of the covered entity, may include 
        that support and services in the contracted space 
        launch and reentry range support requirements of the 
        Administration if--
                  (A) the Administrator determines that 
                including that support and services in the 
                requirements--
                          (i) is in the best interest of the 
                        Federal Government;
                          (ii) does not interfere with the 
                        requirements of the Administration;
                          (iii) does not compete with the 
                        commercial space activities of other 
                        covered entities; and
                          (iv) does not result in the 
                        Administration retaining ownership of 
                        assets which are no longer needed to 
                        meet a programmatic mission of the 
                        Administration; and
                  (B) any commercial requirement included in 
                the agreement has full non-Federal funding 
                before the execution of the agreement.
  (b) Contributions.--
          (1) In general.--The Administrator may enter into an 
        agreement with a covered entity on a cooperative and 
        voluntary basis to accept funds, services, and 
        equipment to carry out the purposes in subsection 
        (a)(1).
          (2) Use of contributions.--Any funds, services, or 
        equipment accepted by the Administrator under this 
        subsection--
                  (A) may be used only for the objectives 
                specified in this section in accordance with 
                terms of use set forth in the agreement entered 
                into under this subsection; and
                  (B) shall be managed by the Administrator in 
                accordance with procedures prescribed under 
                subsection (d).
          (3) Requirements with respect to agreements.--An 
        agreement entered into with a covered entity under this 
        subsection shall--
                  (A) address the terms of use, ownership, and 
                disposition of the funds, services, or 
                equipment contributed under the agreement;
                  (B) include a provision that the covered 
                entity will not recover the costs of its 
                contribution through any other agreement with 
                the United States; and
                  (C) include a provision that the contribution 
                of a covered entity will not preclude access to 
                or use by another covered entity.
  (c) Annual Report.--Not later than January 31 of each year, 
the Administrator shall submit to the appropriate committees of 
Congress a report on the process used to establish agreements 
under subsections (a) and (b), including noticing announcements 
of opportunities and criteria for selecting a covered entity, 
and the funds, services, and equipment accepted and used by the 
Administrator under this section during the preceding fiscal 
year.
  (d) Procedures.--The Administrator shall prescribe procedures 
to carry out this section consistent with sections 50504 and 
50913.
  (e) Definitions.--In this section:
          (1) Covered entity.--In this section, the term 
        ``covered entity'' means--
                  (A) a non-Federal entity that--
                          (i) is organized under the laws of 
                        the United States or of any 
                        jurisdiction within the United States; 
                        and
                          (ii) is engaged in commercial space 
                        activities; or
                  (B) an entity that controls, is controlled 
                by, or is under common control with, a non-
                Federal entity described in subparagraph (A).
          (2) Launch support facilities.--The term ``launch 
        support facilities'' has the meaning given the term in 
        section 50501.
          (3) Space recovery support facilities.--The term 
        ``space recovery support facilities'' has the meaning 
        given the term in section 50501.
          (4) Space transportation infrastructure.--The term 
        ``space transportation infrastructure'' has the meaning 
        given that term in section 50501.

                     SUBTITLE VII. ACCESS TO SPACE

                  CHAPTER 705. EXPLORATION INITIATIVES

Sec. 70502. Exploration plan and programs

  The Administrator shall--
          (1) construct an architecture and implementation plan 
        for the Administration's human exploration program that 
        is not critically dependent on the achievement of 
        milestones by fixed dates;
          [(2) implement an exploration technology development 
        program to enable lunar human and robotic operations 
        consistent with section 20302(b) of this title, 
        including surface power to use on the Moon and other 
        locations;]
          (2) implement an exploration research and technology 
        development program to enable human and robotic 
        operations consistent with section 20302(b) of this 
        title;
          (3) conduct an in-situ resource utilization 
        technology program to develop the capability to use 
        space resources to increase independence from Earth, 
        and sustain exploration beyond low-Earth orbit; and
          (4) pursue aggressively automated rendezvous and 
        docking capabilities that can support the International 
        Space Station and other mission requirements.

[Sec. 70504. Stepping stone approach to exploration

  [In order to maximize the cost-effectiveness of the long-term 
exploration and utilization activities of the United States, 
the Administrator shall take all necessary steps, including 
engaging international partners, to ensure that activities in 
its lunar exploration program shall be designed and implemented 
in a manner that gives strong consideration to how those 
activities might also help meet the requirements of future 
exploration and utilization activities beyond the Moon. The 
timetable of the lunar phase of the long-term international 
exploration initiative shall be determined by the availability 
of funding. However, once an exploration-related project enters 
its development phase, the Administrator shall seek, to the 
maximum extent practicable, to complete that project without 
undue delays.]

Sec. 70504. Stepping stone approach to exploration

  (a) In General.--In order to maximize the cost-effectiveness 
of the long-term exploration and utilization activities of the 
United States, the Administrator shall take all necessary 
steps, including engaging international, academic, and industry 
partners to ensure that activities in the Administration's 
human exploration program balance how those activities might 
also help meet the requirements of future exploration and 
utilization activities leading to human habitation on the 
surface of Mars.
  (b) Completion.--Within budgetary considerations, once an 
exploration-related project enters its development phase, the 
Administrator shall seek, to the maximum extent practicable, to 
complete that project without undue delays.

   NATIONAL AERONAUTICS AND SPACE ADMINISTRATION AUTHORIZATION ACT OF 
                                  2010


                  [Public Law 111-267; 124 Stat. 2805]

SEC. 202. GOALS AND OBJECTIVES.

                           [42 U.S.C. 18312]

  [(a) Long Term Goal.--The long term goal of the human space 
flight and exploration efforts of NASA shall be to expand 
permanent human presence beyond low-Earth orbit and to do so, 
where practical, in a manner involving international partners.]
  (a) Long-term Goals.--The long-term goals of the human space 
flight and exploration efforts of NASA shall be--
          (1) to expand permanent human presence beyond low-
        Earth orbit and to do so, where practical, in a manner 
        involving international, academic, and industry 
        partners; and
          (2) the peaceful settlement of a location in space or 
        on another celestial body and a thriving space economy 
        in the 21st century.
  (b) Key Objectives.--The key objectives of the United States 
for human expansion into space shall be--
          (1) to sustain the capability for long-duration 
        presence in low-Earth orbit, initially through 
        continuation of the ISS and full utilization of the 
        United States segment of the ISS as a National 
        Laboratory, and through assisting and enabling an 
        expanded commercial presence in, and access to, low-
        Earth orbit, as elements of a low-Earth orbit 
        infrastructure;
          (2) to determine if humans can live in an extended 
        manner in space with decreasing reliance on Earth, 
        starting with utilization of low-Earth orbit 
        infrastructure, to identify potential roles that space 
        resources such as energy and materials may play, to 
        meet national and global needs and challenges, such as 
        potential cataclysmic threats, and to explore the 
        viability of and lay the foundation for sustainable 
        economic activities in space;
          (3) to maximize the role that human exploration of 
        space can play in advancing overall knowledge of the 
        universe, supporting United States national and 
        economic security and the United States global 
        competitive posture, and inspiring young people in 
        their educational pursuits[; and];
          (4) to build upon the cooperative and mutually 
        beneficial framework established by the ISS partnership 
        agreements and experience in developing and undertaking 
        programs and meeting objectives designed to realize the 
        goal of human space flight set forth in subsection 
        (a)[.]; and
          (5) to achieve human exploration of Mars, including 
        the establishment of a capability to extend human 
        presence, including potential human habitation, on the 
        surface of Mars.

SEC. 401. COMMERCIAL CARGO DEVELOPMENT PROGRAM.

                           [42 U.S.C. 18341]

  The Administrator shall continue to support the existing 
[Commercial Orbital Transportation Services] Commercial 
Resupply Services program, aimed at enabling the commercial 
space industry in support of NASA to develop reliable means of 
launching cargo and supplies to the ISS throughout the duration 
of the facility's operation. The Administrator may apply funds 
towards the reduction of risk to the timely start of these 
services, specifically--
          (1) efforts to conduct a flight test;
          (2) accelerate development; and
          (3) develop the ground infrastructure needed for 
        commercial cargo capability.

[SEC. 803. OVERALL SCIENCE PORTFOLIO-SENSE OF CONGRESS.

                  [Public Law 111-267; 124 Stat. 2832]

  [Congress reaffirms its sense that a balanced and adequately 
funded set of activities, consisting of research and analysis 
grants programs, technology development, small, medium, and 
large space missions, and suborbital research activities, 
contributes to a robust and productive science program and 
serves as a catalyst for innovation.]

SEC. 803. OVERALL SCIENCE PORTFOLIO.

  Congress restates its sense that--
          (1) a balanced and adequately funded set of 
        activities, consisting of research and analysis grants 
        programs, technology development, suborbital research 
        activities, and small, medium, and large space 
        missions, contributes to a robust and productive 
        science program and serves as a catalyst for innovation 
        and discovery; and
          (2) the Administrator should set science priorities 
        by following the guidance provided by the scientific 
        community through the National Academy of Sciences' 
        decadal surveys.

SEC. 1207. INFORMATION SECURITY.

                           [42 U.S.C. 18445]

  (a) Agency-Wide Information Security Plan.--
          (1) In general.--Not later than 1 year after the date 
        of enactment of the National Aeronautics and Space 
        Administration Transition Authorization Act of 2016, 
        the Administrator shall implement the information 
        security plan developed under paragraph (2) and take 
        such further actions as the Administrator considers 
        necessary to improve the information security system in 
        accordance with this section.
          (2) Information security plan.--Subject to paragraphs 
        (3), (4), and (5), the chief information officer of 
        NASA, shall develop an agency-wide information security 
        plan to enhance information security for NASA 
        information and information infrastructure.
          (3) Requirements.--In developing the plan under 
        paragraph (2), the chief information officer shall 
        ensure that the plan--
                  (A) is consistent with policies, standards, 
                guidelines, and directives on information 
                security under subchapter II of chapter 35 of 
                title 44, United States Code;
                  (B) is consistent with the standards and 
                guidelines under section 11331 of title 40, 
                United States Code; and
                  (C) meets applicable National Institute of 
                Standards and Technology information security 
                standards and guidelines.
          (4) Approval.--The chief information officer shall 
        submit the plan to the Administrator for approval prior 
        to its implementation.
          (5) Contents.--The plan shall include--
                  (A) an overview of the requirements of the 
                information security system;
                  (B) an agency-wide risk management framework 
                for information security;
                  (C) a description of the information security 
                system management controls and common controls 
                that are necessary to ensure compliance with 
                information security-related requirements;
                  (D) an identification and assignment of 
                roles, responsibilities, and management 
                commitment for information security at the 
                agency;
                  (E) coordination among organizational 
                entities, including between each center, 
                facility, mission directorate, and mission 
                support office, and among agency entities 
                responsible for different aspects of 
                information security;
                  (F) heightened consideration of the need to 
                protect the information security of mission-
                critical systems and activities and high-impact 
                and moderate-impact information systems; and
                  (G) a schedule of frequent reviews and 
                updates, as necessary, of the plan.
  [(a)](b) Monitoring Risk.--
          (1) Update on system implementation.--Not later than 
        120 days after the date of enactment of this Act, and 
        on a biennial basis thereafter, the chief information 
        officer of NASA, in coordination with other national 
        security agencies, shall provide to the appropriate 
        committees of Congress--
                  (A) an update on efforts to implement a 
                system to provide dynamic, comprehensive, real-
                time information regarding risk of unauthorized 
                remote, proximity, and insider use or access, 
                for all information infrastructure under the 
                responsibility of the chief information 
                officer, and mission-related networks, 
                including contractor networks;
                  (B) an assessment of whether the system has 
                demonstrably and quantifiably reduced network 
                risk compared to alternative methods of 
                measuring security[; and];
                  (C) an assessment of the progress that each 
                center and facility has made toward 
                implementing the system[.]; and
                  (D) an update on the agency's efforts to 
                apply additional information security 
                protections to secure high-impact and moderate-
                impact information systems and mission-critical 
                systems and activities, including those systems 
                that control spacecraft and maintain critical 
                data sources.
          (2) Existing assessments.--The assessments required 
        of the Inspector General under section [3545] 3555 of 
        title 44, United States Code, shall evaluate the 
        effectiveness of the system described in this 
        subsection.
  [(b)](c) Information Security Awareness and Education.--
          (1) In general.--In consultation with the Department 
        of Education, other national security agencies, and 
        other agency directorates, the chief information 
        officer shall institute an information security 
        awareness and education program for all operators and 
        users of NASA information infrastructure, with the goal 
        of reducing unauthorized remote, proximity, and insider 
        use or access.
          (2) Program requirements.--
                  (A) The program shall include, at a minimum, 
                ongoing classified and unclassified threat-
                based briefings, and automated exercises and 
                examinations that simulate common attack 
                techniques.
                  (B) All agency employees and contractors 
                engaged in the operation or use of agency 
                information infrastructure shall participate in 
                the program.
                  (C) Access to NASA information infrastructure 
                shall only be granted to operators and users 
                who regularly satisfy the requirements of the 
                program.
                  (D) The chief human capital officer of NASA, 
                in consultation with the chief information 
                officer, shall create a system to reward 
                operators and users of agency information 
                infrastructure for continuous high achievement 
                in the program.
  [(c)](d) Information Infrastructure Defined.--In this 
section, the term ``information infrastructure'' means the 
underlying framework that information systems and assets rely 
on to process, transmit, receive, or store information 
electronically, including programmable electronic devices and 
communications networks and any associated hardware, software, 
or data.

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