[Senate Report 116-262]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 525


116th Congress  }                                              {   Report
                                SENATE                          
2d Session      }                                              {  116-262
_______________________________________________________________________

                                     

                                                       

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION AUTHORIZATION ACT OF 2019

                               __________

                              R E P O R T

                                 of the

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 2800
                                




               September 8, 2020.--Ordered to be printed
               
               
               
                            ______
           
              U.S. GOVERNMENT PUBLISHING OFFICE 
99-010                WASHINGTON : 2020 
               
               
               
               
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                     one hundred sixteenth congress
                             second session

                 ROGER F. WICKER, Mississippi, Chairman
JOHN THUNE, South Dakota             MARIA CANTWELL, Washington
ROY BLUNT, Missouri                  AMY KLOBUCHAR, Minnesota
TED CRUZ, Texas                      RICHARD BLUMENTHAL, Connecticut
DEB FISCHER, Nebraska                BRIAN SCHATZ, Hawaii
JERRY MORAN, Kansas                  EDWARD J. MARKEY, Massachusetts
DAN SULLIVAN, Alaska                 TOM UDALL, New Mexico
CORY GARDNER, Colorado               GARY C. PETERS, Michigan
MARSHA BLACKBURN, Tennessee          TAMMY BALDWIN, Wisconsin
SHELLEY MOORE CAPITO, West Virginia  TAMMY DUCKWORTH, Illinois
MIKE LEE, Utah                       JON TESTER, Montana
RON JOHNSON, Wisconsin               KYRSTEN SINEMA, Arizona
TODD C. YOUNG, Indiana               JACKY ROSEN, Nevada
RICK SCOTT, Florida
                       John Keast, Staff Director
               David Strickland, Minority Staff Director
               
               

                                                       Calendar No. 525
                                                       
116th Congress  }                                             {   Report
                                 SENATE
 2d Session     }                                             {   116-262

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



 
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION AUTHORIZATION ACT OF 2019

                                _______
                                

               September 8, 2020.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 2800]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 2800) to authorize 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. 2800, the National Aeronautics and Space 
Administration Authorization Act of 2019, is to authorize 
programs of the National Aeronautics and Space Administration 
(NASA) for fiscal year 2020. The bill outlines key policies and 
authorities to advance space exploration, support science, 
enhance student engagement, and secure NASA's future workforce.

                          Background and Needs

    Since Congress last passed a NASA authorization in 2017,\1\ 
America's Government-led civil space program has seen dramatic 
changes in schedule and scope. Budgetary challenges and the 
Government shutdown from December 2018 to January 2019 have 
impeded the agency's progress toward its exploration and 
science goals. This bill builds upon previous authorization 
efforts to guide the agency during this critical time.
---------------------------------------------------------------------------
    \1\NASA Transition Authorization Act of 2017; Pub. L. 115-10.
---------------------------------------------------------------------------

        HUMAN EXPLORATION: MOON TO MARS AND THE ARTEMIS PROGRAM

    In December 2017, President Trump signed Space Policy 
Directive-1 (SPD-1), which directs NASA to lead an innovative 
and sustainable program of exploration to enable human 
expansion across the solar system. SPD-1 also instructs NASA to 
lead the return of humans to the Moon, for long-term 
exploration and utilization, followed by human missions to Mars 
and other destinations. NASA is taking a phased approach to 
meeting this goal, beginning with science and technology 
research on the International Space Station (ISS), unmanned 
lunar exploration missions, crewed missions around and to the 
surface of the Moon, and eventually, to the vicinity and 
surface of Mars.
    On March 26, 2019, Vice President Pence announced an 
accelerated plan to land the first American woman and the next 
American man at the South Pole of the Moon by 2024 and 
establish a sustained presence on and around the Moon by 
2028.\2\ The intended goals of the lunar exploration program 
are to: (1) prove technologies that will facilitate sending 
humans to Mars in the future; (2) seed innovation and new 
technology development; (3) enhance U.S. industry and 
international partnerships in deep space; (4) expand U.S. 
global economic impact; (5) reinforce U.S. leadership and 
strategic presence in space; and (6) inspire a new generation 
of science, technology, engineering, and mathematics (STEM) 
professionals.\3\
---------------------------------------------------------------------------
    \2\Michael Pence, ``Vice President's Remarks at the Fifth Meeting 
of the National Space Council-Huntsville, AL,'' Mar. 26, 2019 (https://
www.whitehouse.gov/briefings-statements/remarks-vice-president-pence-
fifth-meeting-national-space-council-huntsville-al/) (accessed May 1, 
2020).
    \3\NASA, ``Forward to the Moon: NASA Strategic Plan for Lunar 
Exploration,'' Sep. 4, 2019 (https://www.nasa.gov/sites/default/files/
atoms/files/america_to_the_moon_2024_artemis_
20190523.pdf) (accessed May 1, 2020).
---------------------------------------------------------------------------
    The directive to return to the South Pole of the Moon by 
2024 with a larger vision of sustained presence on the Moon was 
named the Artemis program, after the twin sister of the Greek 
god Apollo. Rather than one-off lunar missions, such as the 
ones performed during the Apollo program, NASA intends for the 
Artemis program to develop the capabilities for a sustained 
human presence on the Moon by 2028. By developing an 
exploration outpost and in-situ resource utilization, NASA 
intends for missions to the Moon to eventually enable human 
missions to Mars.
    The Artemis program will utilize NASA's Space Launch System 
(SLS) heavy lift rocket. SLS will consist of a core stage with 
boosters, upper stage, and payload, which will hold either 
cargo or the Orion crew vehicle. The first flight of SLS, 
Artemis 1 (formerly Exploration Mission-1), will fly the Orion 
crew vehicle using the Interim Cryogenic Propulsion System 
(ICPS) upper stage, which is a modified version of the Delta IV 
rocket's upper stage currently used for national security and 
scientific payload launches. For later missions, NASA plans to 
develop a more powerful upper stage known as the Exploration 
Upper Stage (EUS), as required by the NASA Authorization Act of 
2010.\4\ EUS will have nearly twice the power of the ICPS and 
will be able to launch heavier payloads to the Moon and Mars. 
With EUS, SLS will be the most capable rocket ever built.\5\
---------------------------------------------------------------------------
    \4\NASA Authorization Act of 2010; Pub. L. 111-267.
    \5\NASA, ``NASA Explores with Space Launch System,'' Jan. 29, 2020 
(https://www.nasa.gov/exploration/systems/sls/index.html) (accessed 
Apr. 30, 2020).
---------------------------------------------------------------------------
    A key component of the Artemis program will be the 
development of the Gateway, a command and service module that 
is capable of being positioned in a variety of lunar orbits.\6\ 
The Gateway would allow astronauts to access the entire lunar 
surface and support the development of a reusable human lander 
system for sustainable lunar exploration, scientific research, 
in-situ resource utilization, and other activities as 
capabilities evolve and advance. The Gateway is meant to 
prepare the United States for larger lunar robotic missions and 
is viewed by NASA as vital to advancing human space exploration 
goals, such as leading the return of humans to the surface of 
the Moon and future missions to Mars.\7\ The current plan is 
for Gateway to be constructed using the Orion spacecraft and 
the SLS launch vehicle, with the first element launching no 
earlier than 2022. NASA intends for the Gateway to be an 
extension of the international cooperation of the ISS 
partnership, with partner nations delivering key pieces of the 
Gateway infrastructure. In February of 2019, Canadian Prime 
Minister Justin Trudeau announced that Canada would partner 
with NASA on the Gateway and provide a robotic arm similar to 
the one on ISS.\8\
---------------------------------------------------------------------------
    \6\NASA, ``Sending Astronauts to Moon in 2024: NASA Accepts 
Challenge,'' Apr. 9, 2019 (https://www.nasa.gov/feature/sending-
american-astronauts-to-moon-in-2024-nasa-accepts-
challenge) (accessed Apr. 30, 2020).
    \7\NASA, ``Gateway Memorandum for the Record,'' May 2, 2018 
(https://www.nasa.gov/sites/default/files/atoms/files/
gateway_domestic_and_international_benefits-memo.pdf) (accessed Apr. 
30, 2020).
    \8\NASA, ``Canada Commits to Joining NASA at the Moon,'' Feb. 28, 
2019 (https://blogs.nasa.gov/bridenstine/2019/02/28/canada-commits-to-
joining-nasa-at-the-moon/) (accessed Apr. 30, 2020).
---------------------------------------------------------------------------
    On May 23, 2019, NASA selected a contractor to develop and 
demonstrate power, propulsion, and communications capabilities 
for Gateway, including the solar electric power and propulsion 
element (PPE) that will make up the first module of the 
Gateway.\9\ The firm-fixed price contract has a maximum total 
value of $375 million, and the PPE is expected to launch on a 
commercial rocket in late 2022. On June 14, 2019, NASA issued a 
draft solicitation for U.S. companies to deliver logistics 
services to the Gateway, including cargo, science, and supply 
payloads, with the maximum contract award for all Gateway 
services over 15 years valued at $7 billion.\10\
---------------------------------------------------------------------------
    \9\NASA, ``NASA Awards Artemis Contract for Lunar Gateway Power, 
Propulsion,'' May 23, 2019 (https://www.nasa.gov/press-release/nasa-
awards-artemis-contract-for-lunar-gateway-power-propulsion) (accessed 
Apr. 30, 2020).
    \10\NASA, ``NASA to Partner with American Industry to Supply 
Artemis Moon Missions,'' Jun. 14, 2019 (https://www.nasa.gov/feature/
nasa-to-partner-with-american-industry-to-supply-artemis-moon-missions) 
(accessed Apr. 30, 2020).
---------------------------------------------------------------------------
    The strategic changes that NASA intends to implement in 
order to successfully achieve the Moon by 2024 goal, compared 
to the previous 2028 plan, include reducing facility complexity 
for Gateway, simplifying crew operations on the lunar surface, 
accessing the lunar South Pole first before planning global 
access, and adjusting mission durations as needed.
    In a May 2019 report, the Government Accountability Office 
(GAO) found that the cost, schedule, and performance of NASA's 
portfolio of major projects, including the systems being 
developed for deep space exploration, have deteriorated over 
time.\11\ The report highlighted technical challenges facing 
the SLS, Orion, and the Exploration Ground Systems (EGS), which 
have affected schedule and launch dates for Artemis 1 and 
Artemis 2 (formerly Exploration Mission-1 and Exploration 
Mission-2).\12\ NASA generally agreed with the GAO's findings. 
Since then, NASA's prime contractor for SLS accelerated the 
delivery schedule for the first unit SLS Core Stage, allowing 
sufficient time for the completion of the complex engine 
section. The contractor-NASA team completed all SLS element 
integration in parallel with the development of the engine 
section. This has allowed the SLS program to recover 
approximately 6 to 7 months of its developmental timeline for 
SLS.
---------------------------------------------------------------------------
    \11\U.S. Government Accountability Office, NASA: Assessment of 
Major Projects, GAO-19-262SP, May 2018 (https://www.gao.gov/products/
GAO-19-262SP) (accessed Apr. 30, 2020).
    \12\Artemis-2 is the first crewed integrated flight test of the SLS 
and the Orion spacecraft.
---------------------------------------------------------------------------

           THE INTERNATIONAL SPACE STATION AND THE FUTURE OF 
                            LOW-EARTH ORBIT

    With the current authorization for the ISS expiring in 
2024, the future of microgravity research remains in flux. This 
bill would introduce certainty by extending authorization to 
2030, while directing NASA to continue efforts aimed at 
fostering a robust economy in low-Earth orbit (LEO) through 
commercial utilization and expansion of LEO infrastructure.
    As NASA prepares for human expeditions into deep space, the 
ISS remains a critical testbed for technologies and procedures 
that will be required to keep astronauts healthy and productive 
on long-duration missions away from Earth. According to NASA's 
Human Research Program, a LEO platform like the ISS is 
necessary to develop effective mitigations for human health 
hazards inherent in the space environment, such as 
microgravity. The LEO environment is also ideal for testing 
technological systems such as life support, power generation, 
and communications, in a location close enough to Earth for 
easy troubleshooting and resupply.
    NASA largely relies on traditional Federal Acquisition 
Regulations contracts with private corporations for much of the 
day-to-day operation and maintenance of the non-Russian 
portions of the ISS. NASA has also had success using public-
private partnerships to achieve some of the agency's key 
missions, resulting in an expansion of the commercial space 
sector. The ISS, including the ISS national laboratory, is 
fostering the development of a self-sustaining economy in LEO, 
in part by providing a platform for commercial and academic 
research in microgravity. The success of NASA's commercial 
cargo resupply effort is now paving the way for private, crewed 
flights to orbit. NASA's commercial LEO development program is 
aimed at expanding opportunities for private entities to 
further utilize and expand upon ISS infrastructure with private 
free-flyer modules of their own.\13\
---------------------------------------------------------------------------
    \13\NASA, ``NASA's Vision for Low Earth Orbit Economy,'' Jun. 7, 
2019 (https://www.nasa.gov/leo-economy/vision-for-low-earth-orbit-
economy) (accessed Apr. 30, 2020).
---------------------------------------------------------------------------

               CARGO RESUPPLY AND COMMERCIAL CREW PROGRAM

    Part of NASA's current balanced approach to space 
exploration is the development of vehicles capable of 
conducting 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 Commercial Resupply 
Services Program and Commercial Crew Program.\14\ To address 
the cargo resupply needs, NASA initiated the Commercial Orbital 
Transportation Services (COTS) program in 2006 to partner with 
commercial aerospace companies to develop orbital 
transportation services for delivering cargo to the ISS. This 
program resulted in two new U.S. launch vehicles and two 
automated cargo spacecraft that are providing orbital 
transportation services and are currently supplying cargo to 
the ISS under the Commercial Resupply Services (CRS) 
program.\15\ In addition, on January 14, 2016, NASA awarded 
three CRS-2 contracts to fulfill the next phase of cargo 
delivery service missions to and from the ISS.\16\
---------------------------------------------------------------------------
    \14\NASA Authorization Act of 2010; Pub. L. 111-267, sections 401-
402.
    \15\NASA, ``Commercial Crew and Cargo Program Office'' (http://
www.nasa.gov/offices/c3po/home/#.U78CUPldURo) (accessed Apr. 30, 2020).
    \16\Sierra Nevada Corporation, ``NASA Selects Sierra Nevada 
Corporation's Dream Chaser Spacecraft for CRS2 Contract,'' Jan. 14, 
2016 (http://spaceref.com/news/viewpr.html?pid=47688) (accessed Apr. 
30, 2020).
---------------------------------------------------------------------------
    Since the end of the Space Shuttle Program in July 2011, 
the United States has lacked the domestic capability to 
transport crew to the ISS, and has had to rely on the Russian 
Federal Space Agency to transport U.S. astronauts at prices 
ranging from $21 million to $82 million per roundtrip.\17\ 
NASA's Commercial Crew Program seeks to foster the development 
of a U.S. commercial space transportation capability to 
transport astronauts to and from the ISS. In 2014, NASA awarded 
fixed-priced contracts worth a total of $6.8 billion to provide 
commercial crew transportation to the ISS.\18\ These contracts 
include specific milestones that each company must meet to 
secure payment, and will culminate in certification by NASA 
that the companies' systems meet the agency's safety and 
performance requirements.
---------------------------------------------------------------------------
    \17\NASA, Office of Inspector General, NASA's Commercial Crew 
Program: Update on Development and Certification Efforts, IG-16-028, 
Sep. 1, 2016 (https://oig.nasa.gov/docs/IG-16-028.pdf) (accessed Apr. 
30, 2020).
    \18\Ibid.
---------------------------------------------------------------------------

                                SCIENCE

    NASA's science portfolio encompasses an array of 
disciplines, including planetary science, heliophysics, 
astrophysics, astrobiology, Earth science, life sciences, 
physical sciences, and more. NASA's Science Mission Directorate 
currently oversees a portfolio of 86 active missions, with 31 
more in the planning or development stage.\19\ In addition to 
flagship missions, such as the Hubble Space Telescope and Mars 
rovers, NASA has numerous Principal Investigator-led missions 
that yield impactful science discoveries while providing hands-
on training to the next generation of scientists, engineers, 
and project managers. NASA's Science Mission Directorate also 
serves as the primary home for the agency's supercomputing 
capabilities, including quantum supercomputers, which benefit 
users across the agency.
---------------------------------------------------------------------------
    \19\NASA, ``NASA Science Missions'' (https://science.nasa.gov/
missions-page?field_division_
tid=All&field_phase_tid=29) (accessed Apr. 30, 2020).
---------------------------------------------------------------------------

                       JAMES WEBB SPACE TELESCOPE

    The James Webb Space Telescope (JWST) is an infrared 
observatory with a 6.5-meter mirror that will orbit nearly a 
million miles from Earth.\20\ The scientific successor to the 
Hubble Space Telescope, JWST will study ``every phase in the 
history of our Universe, ranging from the first luminous glows 
after the Big Bang, to the formation of solar systems capable 
of supporting life on planets like Earth, to the evolution of 
our own Solar System.''\21\ JWST will launch on an Ariane 5 
rocket in 2021 from French Guiana as part of the European Space 
Agency's contribution to the mission. Significant cost and 
schedule overruns have plagued JWST.\22\
---------------------------------------------------------------------------
    \20\NASA, ``NASA's James Webb Space Telescope'' (http://
webbtelescope.org/) (accessed Apr. 30, 2020).
    \21\NASA, ``About Webb Space Telescope'' (https://jwst.nasa.gov/
about.html) (accessed Apr. 30, 2020).
    \22\U.S. Government Accountability Office, James Webb Space 
Telescope: Opportunity Nears to Provide Additional Assurance That 
Project Can Meet New Cost and Schedule Commitments, GAO-19-189, Mar. 
26, 2019 (https://www.gao.gov/products/gao-19-189) (accessed Apr. 30, 
2020).
---------------------------------------------------------------------------

                  WIDE FIELD INFRARED SURVEY TELESCOPE

    The Wide Field Infrared Survey Telescope (WFIRST) will be 
an orbiting observatory designed to ``settle essential 
questions in the areas of dark energy, exoplanets, and infrared 
astronomy.''\23\ It is expected to be roughly the same size as 
the Hubble Space Telescope, but will have a field of view 100 
times greater, allowing it to survey the sky for nearby 
exoplanets and detect oxygen, water vapor, and other signatures 
of life in the exoplanets' atmospheres.\24\ The NASA Transition 
Authorization Act of 2017\25\ directed NASA to continue concept 
definition and pre-formulation work on WFIRST while JWST is 
completed. However, the President's fiscal year (FY) 2020 
budget request ``proposes to terminate funding for the [WFIRST] 
mission and focus on the completion of [JWST], now planned for 
launch in 2021.''\26\ The Consolidated Appropriations Act, 
2020,\27\ provided NASA with $510.7 million for FY 2020 for 
WFIRST. NASA has completed its preliminary design review (PDR) 
phase for the mission--a significant milestone for the 
program.\28\
---------------------------------------------------------------------------
    \23\NASA, ``About WFIRST'' (https://wfirst.gsfc.nasa.gov/
about.html) (accessed Apr. 30, 2020).
    \24\NASA, ``How Do We Find Life'' (https://exoplanets.nasa.gov/the-
search-for-life/life-signs/) (accessed Apr. 30, 2020).
    \25\Pub. L. 115-10.
    \26\NASA, See ``FY 2020 President's Budget Request Summary'' in FY 
2020 Budget Estimates (https://www.nasa.gov/sites/default/files/atoms/
files/fy_2020_congressional_justification.pdf) (accessed Apr. 30, 
2020).
    \27\Pub. L. 116-93.
    \28\Jeff Foust, ``WFIRST Passes Preliminary Design Review,'' Space 
News, Nov. 11, 2019 (https://spacenews.com/wfirst-passes-preliminary-
design-review/).
---------------------------------------------------------------------------

                          AERONAUTICS RESEARCH

    Since the creation of NASA from the legacy National 
Advisory Committee on Aeronautics, the agency's aeronautics 
research has played a key role in supporting and advancing U.S. 
aviation technology. The FY 2020 Consolidated Appropriations 
Act provided $784 million in funding for aeronautics 
research.\29\
---------------------------------------------------------------------------
    \29\Pub. L. 116-93.
---------------------------------------------------------------------------
    NASA's current array of flight demonstration, materials 
testing, and systems development programs include the X-59 Low-
Boom Flight Demonstrator, as well as experiments to test 
electric propulsion and advanced composite materials. The X-59, 
which is currently in development, may reduce the loudness of a 
sonic boom to that of a gentle thump,\30\ potentially enabling 
commercial supersonic flights over land. The program also will 
gather data on aircraft noise and community input to assist in 
supersonic regulatory reform.
---------------------------------------------------------------------------
    \30\NASA, ``Low-Boom Flight Demonstration Overview'' (https://
www.nasa.gov/mission_pages/lowboom/overview) (accessed Apr. 30, 2020).
---------------------------------------------------------------------------
    NASA is also continuing research into Unmanned Aircraft 
Systems Traffic Management, which will ``monitor and manage 
drones weighing less than 55 pounds flying at or below 500 
feet.''\31\ The program is being run in collaboration with the 
Federal Aviation Administration (FAA), which will seek to 
implement the results of NASA's research into the National 
Airspace System.
---------------------------------------------------------------------------
    \31\NASA, ``Drone Traffic Management Researcher Nominated for 
Federal Award'' (https://www.nasa.gov/feature/ames/drone-traffic-
management-researcher-nominated-for-federal-award) (accessed Apr. 30, 
2020).
---------------------------------------------------------------------------

                            SPACE TECHNOLOGY

    Created in 2013 and codified by the NASA Transition 
Authorization of 2017, NASA's Space Technology Mission 
Directorate (STMD) leverages government, university, and 
private sector research to serve as a catalyst for 
revolutionary technologies and solve the Nation's toughest 
challenges in space. STMD currently oversees a portfolio of 
programs enabling cutting edge technology development, 
including the Emerging Space Office, Flight Opportunities 
program, Game Changing Development program, and Small Business 
Innovation Research/Small Business Technology Transfer 
programs. STMD is helping develop technologies that will 
enhance U.S. space superiority in areas such as in-space 
nuclear propulsion, nuclear surface power, optical 
communications, precision atmospheric entry, descent, and 
landing, and spacecraft autonomous systems.

                INTERNATIONAL EXPLORATION CONSIDERATIONS

    NASA is leveraging the ISS partnership as a starting point 
for broad international collaboration in space exploration 
beyond LEO. NASA states that ``underscoring broad international 
support for a gateway, the 14 space agencies participating with 
NASA in the International Space Exploration Coordination Group 
have reached consensus regarding the importance of a gateway in 
expanding human presence to the Moon, Mars, and deeper into the 
solar system.''\32\ NASA will continue its ISS role as the lead 
integrator of spaceflight capabilities and contributions from 
both international and commercial partners. Since November 
2011, appropriations legislation has prohibited NASA from 
directly partnering with the People's Republic of China (PRC) 
on human spaceflight.\33\ Unlike NASA's mission as a civil 
space agency, China's space enterprise remains a joint civil-
military effort, aimed at establishing the PRC as the world's 
dominant power in space.\34\ Efforts by the PRC to obtain 
foreign technology and recruit foreign talent have become 
increasingly aggressive, and the Chinese Government has 
exploited various loopholes in U.S. export control laws to 
obtain ownership or influence in U.S. firms with advanced space 
capabilities.\35\
---------------------------------------------------------------------------
    \32\NASA, Gateway Memorandum for the Record, May 2, 2018 (https://
www.nasa.gov/sites/default/files/atoms/files/
gateway_domestic_and_international_benefits-memo.pdf) (accessed Apr. 
30, 2020).
    \33\Pub. L. 116-9, sec. 530 (https://www.congress.gov/116/bills/
hjres31/BILLS-116hjres31enr.pdf) (accessed Apr. 30, 2020).
    \34\U.S.-China Economic and Security Review Commission, 2019 Annual 
Report to Congress (https://www.uscc.gov/annual-report/2019-annual-
report) (accessed Apr. 30, 2020).
    \35\Id.
---------------------------------------------------------------------------
    Outside of NASA's exploration plans, China is continuing 
with an increasingly robust space exploration program, 
including plans for both a space station in LEO and a lunar 
exploration campaign. On January 3, 2019, China became the 
first nation to land a spacecraft on the far side of the Moon. 
These activities come in advance of a reported plan to land 
Chinese astronauts on the Moon.\36\ Additionally, in July 2018, 
the European Space Agency and the Chinese space agency held a 
workshop to discuss ``common and synergistic areas of lunar 
science interest and expertise in Europe and China.''\37\
---------------------------------------------------------------------------
    \36\Sarah Kaplan, Gerry Shih, and Rick Noack, ``China Lands 
Spacecraft on the Far Side of the Moon, a Historic First,'' The 
Washington Post, Jan. 3, 2019 (https://www.washingtonpost.com/science/
2019/01/03/china-lands-spacecraft-far-side-moon-historic-first/) 
(accessed Apr. 30, 2020).
    \37\European Space Agency, ``CNSA-ESA Workshop on Chinese-European 
Cooperation in Lunar Science'' (https://www.cosmos.esa.int/web/cnsa-
esa-lunar-science/home) (accessed Apr. 30, 2020).
---------------------------------------------------------------------------

                         Summary of Provisions

    S. 2800, as enacted, would provide an authorization of 
appropriations for NASA for fiscal year 2020 at $22.75 billion, 
an amount also reflected in S. 2584, the Commerce, Justice, 
Science, and Related Agencies Appropriations Act, 2020, as 
reported by the Committee on Appropriations of the Senate. 
Although the Committee sought to provide multiyear funding 
authorization for NASA in this bill, uncertainty surrounding 
development costs for the Artemis program and other programs 
precluded the Committee from making an informed decision 
regarding future authorization levels.

                           HUMAN EXPLORATION

    If enacted, the bill would do the following:
   Support NASA's deep space human exploration program 
        and explicitly name the Moon as an interim destination 
        in support of eventual human exploration of Mars.
   Authorize the development of human-class lunar 
        landers for the Artemis program using industry 
        partnerships.
   Require the establishment of an outpost in orbit 
        around the Moon.
   Support full utilization of the SLS through 
        development of the Exploration Upper Stage.
   Direct NASA to invest in maintaining and improving 
        space launch and rocket propulsion test infrastructure 
        and capabilities.
   Support NASA's efforts to develop next-generation 
        space suits for lunar surface operations and on-orbit 
        extravehicular activities.
   Extend authorization for ISS to 2030.
   Foster a U.S.-led market economy in LEO by 
        authorizing NASA's efforts to enable commercial 
        activity and privately-funded platforms.
   Plan for a future robust LEO economy by establishing 
        cost-share requirements for retaining full intellectual 
        property rights in inventions, and authorizing a cost 
        recoupment option for ISS-created inventions.
   Support NASA's life science and physical science 
        fundamental research program in order to advance human 
        activities in space.

                                SCIENCE

    If enacted, the bill would do the following:
   Reaffirm that NASA should set science priorities 
        based on the guidance of the decadal surveys of the 
        National Academies of Sciences, Engineering, and 
        Medicine.
   Support scientific research NASA conducts in areas 
        such as planetary science, heliophysics, Earth science, 
        astrobiology and astronomy.
   Direct NASA to continue work on the JWST and 
        maintain the roughly $8.8 billion cost cap on the 
        program.
   Direct NASA to continue work on WFIRST in order to 
        meet the objectives outlined in the 2010 decadal survey 
        on astronomy and astrophysics.
   Authorize NASA, in accordance with recommendations 
        made by the National Academies of Sciences, 
        Engineering, and Medicine, to conduct lunar science 
        research, including research into the potential of 
        water ice at the polar regions of the Moon.
   Support NASA's efforts in Earth science and ensure 
        that Earth science data remains publicly available.
   Encourage the use of commercially available 
        platforms for suborbital science missions.
   Encourage NASA to prioritize missions of national 
        need, including planetary defense and space weather 
        outside of the competitive science mission selection 
        process.
   Require NASA to improve planetary defense 
        capabilities and complete the statutorily required 
        survey of near-Earth objects with a dedicated space-
        based observatory.

                          AERONAUTICS RESEARCH

    If enacted, the bill would do the following:
   Require development of experimental aircraft 
        projects, or X-planes, to demonstrate and develop 
        advanced aerospace technologies.
   Authorize NASA to continue research into advanced 
        aerospace materials and manufacturing processes, 
        including additive manufacturing and advanced 
        composites.
   Facilitate integration of unmanned aircraft systems 
        into the national airspace system by researching 
        capabilities and concepts, in coordination with FAA.
   Authorize NASA to invest in facilities for 
        aeronautics research and testing.
   Express the Sense of Congress that NASA continue 
        existing hypersonic flight research efforts in 
        coordination with the Department of Defense (DOD).

                            SPACE TECHNOLOGY

    If enacted, the bill would do the following:
   Require NASA to maintain the Space Technology 
        Mission Directorate.
   Support and expand the Commercial Reusable 
        Suborbital Research Program (Flight Opportunities) for 
        suborbital microgravity research.
   Direct NASA to continue work on nuclear propulsion 
        technology and require a flight demonstration by the 
        end of 2024.
   Support future Mars exploration efforts by directing 
        NASA to focus on long-lead technologies such as entry, 
        descent, and landing, in-space propulsion, cryogenic 
        fluid management, and in-situ additive manufacturing.
   Encourage the development and deployment of advanced 
        space communications technologies, such as optical 
        communications and quantum encryption.

     EDUCATION, WORKFORCE, PROCUREMENT, NASA INDUSTRIAL BASE, AND 
                        MISCELLANEOUS PROVISIONS

    If enacted, the bill would do the following:
   Direct NASA to leverage existing programs within the 
        agency to engage students in STEM education.
   Require NASA to conduct K-12 outreach to inform 
        students about careers in STEM fields and provide 
        opportunities for students to observe NASA efforts 
        where and when appropriate.
   Create an appointment and compensation pilot program 
        within NASA to explore innovations in workforce 
        structure flexibility.
   Authorize NASA to establish university-affiliated 
        research centers in order to better support agency 
        missions.
   Reduce the risk of technology or information 
        transfer to the PRC.
   Streamline NASA contracting procedures by 
        authorizing follow-on production contracts stemming 
        from prototype projects.
   Require NASA to produce a report on the industrial 
        base for civil space missions and operations in order 
        to identify crucial supply chain components and 
        capabilities.
   Increase the authorized separation incentive amount 
        from $20,000 to $40,000 to achieve parity with other 
        Federal agencies.

                          Legislative History

    S. 2800, the National Aeronautics and Space Administration 
Authorization Act of 2019, was introduced on November 6, 2019, 
by Senator Cruz (for himself and Senators Sinema, Wicker, and 
Cantwell) and was referred to the Committee on Commerce, 
Science, and Transportation of the Senate. On November 13, 
2019, the Committee met in open Executive Session and, by voice 
vote, ordered S. 2800 reported favorably with an amendment (in 
the nature of a substitute).
    The Committee held the following five hearings examining 
key issues addressed in the bill:
   Building the Space Workforce of the Future: STEM 
        Engagement for a 21st Century Education (Subcommittee 
        on Aviation and Space, November 5, 2019).
   Moon to Mars: NASA's Plans for Deep Space 
        Exploration (July 17, 2019).
   NASA Exploration Plans: Where We've Been and Where 
        We're Going (Subcommittee on Aviation and Space, July 
        9, 2019).
   The Emerging Space Environment: Operational, 
        Technical, and Policy Challenges (Subcommittee on 
        Aviation and Space, May 14, 2019).
   The New Space Race: Ensuring U.S. Global Leadership 
        in the Final Frontier (March 13, 2019).

                          RELATED LEGISLATION

S. 3799--National Aeronautics and Space Administration Authorization 
        Act of 2018

    S. 3799, the National Aeronautics and Space Administration 
Authorization Act of 2018, was introduced on December 19, 2018, 
by Senator Cruz (for himself and Senators Nelson, Markey, 
Rubio, and Cornyn). That bill did not receive further action 
after it was introduced in the final days of the 115th 
Congress. However, that bill served as the base text for S. 
2800.

S. 919--Space Frontier Act of 2019

    The Space Frontier Act of 2019 was initially introduced in 
the 115th Congress as S. 3277, and it was reintroduced in the 
116th Congress as S. 919 on March 27, 2019, by Senator Cruz 
(for himself and Senators Sinema, Markey, and Wicker). Senators 
Peters and Scott are additional cosponsors. That bill seeks to 
provide stability and clarity to the commercial space sector in 
order to promote the industry and maintain U.S. leadership in 
space. That bill would build upon previous commercial space 
legislation, including the U.S. Commercial Space Launch 
Competitiveness Act,\38\ and would focus on streamlining and 
reforming the regulatory framework for commercial space launch 
and reentry and nongovernmental Earth observation activities. 
In the 115th Congress, S. 3277 passed the Senate by unanimous 
consent, but it failed a suspension vote in the House of 
Representatives requiring a two-thirds majority. On April 3, 
2019, the Committee reported S. 919 favorably.
---------------------------------------------------------------------------
    \38\Pub. L. 114-90.
---------------------------------------------------------------------------

S. 2909--NASA Enhanced Use Leasing Extension Act of 2019

    S. 2909, the NASA Enhanced Use Leasing Extension Act of 
2019, was introduced on November 20, 2019, by Senator Wicker 
(for himself and Senators Cantwell and Hyde-Smith). Senators 
Feinstein and Scott are additional cosponsors. That bill would 
extend through 2020 the authority for NASA to lease its non-
excess real property and related personal property.

S. 2831--21st Century Space Grant Modernization Act of 2019

    S. 2831, the 21st Century Space Grant Modernization Act of 
2019, was introduced on November 12, 2019, by Senator Capito 
(for herself and Senator Sinema). Senators Rounds, Rosen, 
Braun, Van Hollen, Murkowski, and Baldwin are additional 
cosponsors. That bill would update the National Space Grant 
College and Fellowship Program (Space Grant) and revise 
outdated provisions. That bill would reconfigure Space Grant 
funding calculations in order to distribute an equal share of 
grant funding to consortia from each of the 50 States, the 
District of Colombia, and Puerto Rico. The revised funding 
scheme would require 85 percent of all funding to be provided 
to State consortia, 10 percent used for program administration 
at NASA, and 5 percent of funding used for special programs to 
further science and education-related efforts at NASA.

S. 1713--Aeronautics Innovation Act

    S. 1713, the Aeronautics Innovation Act, was introduced on 
June 4, 2019, by Senator Warner (for himself and Senator Moran) 
and would direct NASA to continue work on aeronautics research 
and development. That bill would require NASA to conduct such 
research on advanced aerostructures, composites and other 
advanced materials, avionics, unmanned traffic management 
systems, and experimental aircraft.

S. 2837--Cleaner, Quieter Airplanes Act

    S. 2837, the Cleaner, Quieter Airplanes Act, was introduced 
on November 12, 2019, by Senator Cardin (for himself and 
Senators Van Hollen, Warren, King, Merkley, and Feinstein) and 
would require NASA to establish an initiative to develop and 
demonstrate technologies that reduce aircraft noise and 
emissions.

                            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:




    The bill would
           Authorize appropriations totaling $22.8 
        billion in 2020 for activities of the National 
        Aeronautics and Space Administration (NASA) and would 
        provide direction on those activities
           Extend operation of the International Space 
        Station (ISS) through 2030
           Extend NASA's authority to enter into 
        enhanced-use lease (EUL) agreements
           Permit NASA to increase voluntary separation 
        incentive payments from $25,000 to $40,000
    Estimated budgetary effects would primarily stem from
           Extending operations of the ISS
           Spending of the authorized appropriations
           Potential use of third-party financing to 
        construct and renovate facilities for energy 
        production, launch, and other specialized uses under 
        EUL agreements
    Areas of significant uncertainty include
           Estimating the value of investments and 
        amount of government use of facilities constructed by 
        third parties under EUL agreements
    Bill summary: S. 2800 would authorize appropriations 
totaling $22.8 billion in 2020 for activities of the National 
Aeronautics and Space Administration (NASA) and would provide 
direction on those activities. (In 2020, NASA received 
appropriations totaling $22.6 billion.) Under S. 2800, 
operation of the International Space Station (ISS) would 
continue through 2030.
    The bill also would permanently extend NASA's authority to 
enter into enhanced-use lease (EUL) agreements. Finally, S. 
2800 would permit NASA to increase voluntary separation 
incentive payments from $25,000 to $40,000.
    Estimated Federal cost: The estimated budgetary effect of 
S. 2800 is shown in Table 1. The costs of the legislation fall 
primarily within budget function 250 (general science, space, 
and technology).

                                                    TABLE 1.--ESTIMATED BUDGETARY EFFECTS OF S. 2800
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                     By fiscal year, millions of dollars--
                                                     ---------------------------------------------------------------------------------------------------
                                                       2020   2021   2022   2023   2024   2025    2026   2027   2028   2029   2030  2020-2025  2020-2030
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                     Increases in Spending Subject to Appropriation
 
Estimated Authorization.............................    388      2      2      2      2   4,202   n.e.   n.e.   n.e.   n.e.   n.e.     4,598      n.e.
Estimated Outlays...................................     23    234    105     25      9   2,702   n.e.   n.e.   n.e.   n.e.   n.e.     3,098      n.e.
 
                                                              Increases in Direct Spending
 
Estimated Budget Authority..........................      0      *      5     11     11      11     14     13     13     13     13        37       105
Estimated Outlays...................................      0      *      1      4      7       9     12     12     13     13     13        20        85
--------------------------------------------------------------------------------------------------------------------------------------------------------
Components may not sum to totals because of rounding; n.e. = not estimated; * = between zero and $500,000.

    Basis of estimate: For this estimate, CBO assumes that the 
bill will be enacted in 2020 and that the authorized and 
necessary amounts will be appropriated. Estimated outlays are 
based on historical spending patterns for the affected 
activities.
    Spending subject to appropriation: CBO estimates that 
implementing S. 2800 would cost about $3.1 billion over the 
2020-2025 period (see Table 2).

                TABLE 2.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER S. 2800
----------------------------------------------------------------------------------------------------------------
                                                              By fiscal year, millions of dollars--
                                                ----------------------------------------------------------------
                                                   2020     2021     2022     2023     2024     2025   2020-2025
----------------------------------------------------------------------------------------------------------------
International Space Station:
    Estimated Authorization....................        0        0        0        0        0    4,200     4,200
    Estimated Outlays..........................        0        0        0        0        0    2,700     2,700
NASA Programs:
    Authorizationaa............................      388        0        0        0        0        0       388
    Estimated Outlays..........................       23      232      103       23        7        0       388
Voluntary Separation Incentive Payments:
    Estimated Authorization....................        0        2        2        2        2        2        10
    Estimated Outlays..........................        0        2        2        2        2        2        10
    Total Changes:
        Estimated Authorization................      388        2        2        2        2    4,202     4,598
        Estimated Outlays......................       23      234      105       25        9    2,702     3,098
----------------------------------------------------------------------------------------------------------------
aS. 2800 would authorize appropriations for individual programs of the National Aeronautics and Space
  Administration totaling $22.8 billion in 2020. Because appropriations for 2020 have already been provided, CBO
  estimates that implementing S. 2800 would increase authorized spending by $388 million, the difference between
  the authorized and appropriated amounts for those individual programs.

International Space Station

    Current law requires NASA to operate the ISS through 2024. 
S. 2800 would extend the authorization through 2030. Using 
information from NASA on the costs to operate the ISS in recent 
years, CBO estimates that continuing those operations would 
require funding of more than $4 billion annually starting in 
2025. Based on historical spending patterns for ISS operations, 
CBO estimates that implementing the provision would cost $2.7 
billion in 2025 and several billions of dollars after 2025.

NASA programs

    S. 2800 would authorize appropriations totaling $22.8 
billion in 2020 for individual NASA programs. In 2020, NASA 
received appropriations totaling $22.6 billion for those 
programs. Of that amount, $6,018 million was for exploration; 
$4,140 million was for space operations; $2,913 million was for 
safety, security, and mission services; $373 million was for 
construction. The bill would authorize $6,223 million for 
exploration; $4,150 million for space operations; $2,935 
million for safety, security, and mission services; and $524 
million for construction. Thus, CBO estimates that enacting S. 
2800 would increase the authorization by $388 million in 2020--
the difference between the authorized and appropriated amounts 
for those programs. (CBO does not estimate any additional 
outlays for NASA programs that received appropriations in 2020 
that are greater than or equal to the amounts authorized under 
the bill.) Assuming appropriation of the additional amounts, 
CBO estimates that implementing the bill would cost $388 
million over the 2020-2025 period.
    S. 2800 also would direct NASA to develop a low-Earth orbit 
commercialization program, conduct a science mission to Mars, 
and establish a planetary defense coordination office, among 
other activities. CBO expects that the authorization of 
appropriations for 2020 would include the costs of meeting 
those directives.

Voluntary separation incentive payments

    Under current law, NASA may restructure or reshape its 
workforce by offering payments, sometimes called buyouts, 
generally capped at $25,000 for employees who agree to separate 
from the agency. S. 2800 would raise the maximum payment by 
$15,000, to $40,000.
    Using information from NASA about its use of such payments 
over the past six years, CBO estimates that each year 75 
people, on average, would receive the $40,000 payment for 
voluntary separation. That estimate includes CBO's expectation 
that the larger payment would induce another 25 people annually 
to accept a buyout. That combination of higher payments and the 
expected increase in the number of people voluntarily 
separating would cost $10 million (or $2 million annually) over 
the next five years, CBO estimates. (The additional separations 
would cause some employees to retire sooner than they would 
have under current law. That cost is discussed under the 
heading ``Direct Spending.'')

Other activities

    S. 2800 also would direct the Department of Defense to 
review ISS projects, the Government Accountability Office to 
audit certain contracts, and the Office of Science and 
Technology Policy to study how NASA funds missions of national 
need. Based on the costs of similar tasks, CBO estimates that 
any costs to implement those provisions would be insignificant; 
any spending would be subject to the availability of 
appropriated funds.
    Direct spending: CBO estimates that enacting S. 2800 would 
increase direct spending by $85 million over the 2020-2030 
period (see Table 3).

                                                  TABLE 3.--INCREASES IN DIRECT SPENDING UNDER S. 2800
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                       By fiscal year, millions of dollars--
                                                         -----------------------------------------------------------------------------------------------
                                                          2020  2021  2022   2023   2024   2025   2026   2027   2028   2029   2030  2020-2025  2020-2030
--------------------------------------------------------------------------------------------------------------------------------------------------------
Enhanced-Use Lease Agreements:
    Estimated Budget Authority..........................     0     0     5     10     10     10     13     13     13     13     13       35        100
    Estimated Outlays...................................     0     0     1      3      6      8     11     12     13     13     13       18         80
Retirement Effects of Voluntary Separation Incentive
 Payments:
    Estimated Budget Authority..........................     0     *     *      1      1      1      1      *      *      *      *        2          5
    Estimated Outlays...................................     0     *     *      1      1      1      1      *      *      *      *        2          5
    Total:
        Estimated Budget Authority......................     0     *     5     11     11     11     14     13     13     13     13       37        105
        Estimated Outlays...............................     0     *     1      4      7      9     12     12     13     13     13       20         85
--------------------------------------------------------------------------------------------------------------------------------------------------------
Components may not sum to totals because of rounding; * = between zero and $500,000.

Enhanced-use lease agreements

    Currently NASA can lease its underused property to 
nonfederal entities and, without further appropriation, retain 
and spend any amounts collected in rent for property 
maintenance and capital improvements. S. 2800 would permanently 
extend that authority, which under current law expires on 
December 31, 2021. The bill also would permit NASA to accept 
any type of in-kind consideration under EUL agreements. (NASA's 
current authority to accept in-kind consideration is limited to 
facilities that produce renewable energy.)
    In the past, NASA has used its EUL authority to lease out 
buildings and land for nonfederal purposes, including education 
and research. Those leases have ranged from limited reuse to 
full redevelopment of the properties; they result in no 
significant net costs to the agency. CBO expects that some of 
the EUL agreements NASA would enter into during the 2022-2030 
period would be similar to those transactions. In those cases, 
CBO estimates that there would be no significant effect on the 
deficit because any rent payments, which would be recorded in 
the budget as reductions in direct spending, would be offset by 
expenditures soon thereafter.
    In addition, based on recent agreements NASA has executed, 
CBO expects that some EUL agreements would contain terms for 
third parties to build or renovate facilities for energy 
production, launch, and other specialized uses. Although NASA 
could use other authorities to enter into similar agreements 
with third parties, CBO expects the extension and expansion of 
in-kind consideration under S. 2800 would accelerate and 
increase the likelihood of such agreements. CBO also expects 
that some of those projects would effectively be governmental 
because they would be located on federal land and thus subject 
to NASA's control and because NASA, or other federal agencies 
such as the Department of Defense, would be major users of the 
services supported by those facilities. Thus, in CBO's view, 
developing and constructing facilities in that manner are 
governmental transactions and their costs should be recorded in 
the budget.\1\
---------------------------------------------------------------------------
    \1\For more information, see Congressional Budget Office, How CBO 
Determines Whether to Classify an Activity as Governmental When 
Estimating Its Budgetary Effects (June 2017), www.cbo.gov/publication/
52803.
---------------------------------------------------------------------------
    Based on proposed leasing plans and costs for similar 
facilities, CBO estimates that under EUL agreements made final 
over the 2022-2030 period, third parties would invest between 
$750 million and $800 million in facilities for energy 
production, launch, and other specialized uses. The federal 
budgetary effects of governmental transactions financed by 
third parties would depend on the extent and nature of federal 
support. In CBO's view, transactions supported entirely by 
private entities should not be reflected on the federal budget 
because the cost of those activities would be fully born by 
those nonfederal entities.
    However, CBO expects that some third parties would recover 
at least a portion of their investments through contracts with 
the federal government for specialized facilities used by NASA 
or other federal agencies--to launch satellites or other 
federal payloads into space, for example. In addition, based on 
the experience of NASA and other agencies that accept certain 
in-kind consideration under EUL agreements, CBO expects that 
expanding allowable in-kind consideration could result in 
renovated or new facilities for the federal government's 
exclusive use. CBO considers such financing on behalf of the 
federal government primarily for government activities to be 
similar to an agency's using federal borrowing authority to 
improve its physical infrastructure. CBO therefore regards the 
costs of such transactions to be direct spending and believes 
the full cost of long-term commitments that obligate the 
government to make payments in future years should be recorded 
in the budget.\2\
---------------------------------------------------------------------------
    \2\For more information, see Congressional Budget Office, Third-
Party Financing of Federal Projects (June 2005), www.cbo.gov/
publication/16554.
---------------------------------------------------------------------------
    In recent years, NASA has reported a backlog of at least 
$1.6 billion worth of maintenance and improvement projects at 
five locations where it currently leases out space.\3\ Based on 
the federal government's potential share of benefits from any 
new projects (which CBO estimates would average between 25 
percent and 30 percent over the projects' lifetime), CBO 
expects that NASA would use the EUL authority under S. 2800 to 
finance the construction of facilities valued at about $100 
million--equivalent to roughly 6 percent of NASA's maintenance 
backlog at those locations. Based on historical spending 
patterns for similar activities, CBO estimates that direct 
spending would increase by $80 million over the 2022-2030 
period.
---------------------------------------------------------------------------
    \3\National Aeronautics and Space Administration, Deferred 
Maintenance Assessment Report: FY16 NASA-Wide Standardized Deferred 
Maintenance Parametric Estimate (September 30, 2016), https://
go.usa.gov/xwrsv (PDF, 1.8 MB).
---------------------------------------------------------------------------

Retirement effects of voluntary separation incentive payments

    As discussed above, the higher payments for voluntary 
separation would induce some NASA employees to leave the 
federal government. Those who are retirement-eligible would, in 
CBO's estimation, end up retiring 18 months sooner, on average, 
than they would under current law. Based on information from 
NASA and from the Office of Personnel Management, a handful of 
employees each year would receive retirement annuities and 
health benefits sooner than under current law. In total, CBO 
estimates, those accelerated payments would increase spending 
on retirement benefits by $5 million over the 2020-2030 period.

Other provisions

    S. 2800 would authorize NASA to spend, without further 
appropriation, any royalties received for inventions developed 
on the ISS by commercial entities using federal resources. 
Under current law, any such royalties, which are classified in 
the budget as offsetting receipts, or reductions in direct 
spending, are deposited into the general fund of the Treasury 
and their spending is subject to appropriation. Using 
information from NASA on commercial activity on the ISS and a 
typical timeframe for developing inventions, CBO estimates that 
enacting the provision would have no significant effect on 
direct spending over the 2020-2030 period.
    Finally, S. 2800 also would permit NASA to collect and 
spend donations, which are classified as offsetting receipts, 
for space exploration. CBO expects that any amounts collected 
would be insignificant and offset by expenditures; the 
resulting net effect on direct spending would be negligible.
    Uncertainty: CBO aims to produce estimates that generally 
reflect the middle of a range of the most likely budgetary 
outcomes that would result if legislation was enacted. However, 
direct spending under S. 2800 could be higher or lower than 
CBO's estimate because of the following four sources of 
uncertainty:
           CBO cannot precisely predict the extent to 
        which NASA would use the EUL extension under S. 2800 in 
        place of its other alternative financing and leasing 
        authorities to facilitate construction of specialized 
        facilities. In such cases, CBO has adopted a convention 
        of assuming a 50 percent chance of an agency's using 
        its discretion as provided in the legislation.
           CBO cannot foresee with certainty the value 
        of third parties' investments in such facilities. 
        Generally, investments of higher value would increase 
        the potential for direct spending.
           CBO cannot predict with certainty whether or 
        how the federal government would use facilities 
        constructed by third parties under EUL agreements. If 
        the federal government is the primary user of the 
        services provided by those facilities, and thus serves 
        as the main source from which third parties would 
        recover their investments, the government's share of 
        indirect financing for and benefits from those projects 
        would be higher, resulting in greater direct spending. 
        However, if the federal government makes little or no 
        use of the services provided by such facilities, the 
        net effect on direct spending could be insignificant. 
        CBO expects that expanding NASA's authority to accept 
        in-kind considerations could increase the potential for 
        projects in which the government is a primary or 
        exclusive user.
           Increases in spending on retirement benefits 
        would be affected by the number of separation payments 
        NASA offered, who received the offers, and whether the 
        offers were accepted. CBO cannot predict those 
        decisions or who would be affected. As a result, 
        spending on retirement benefits could be higher or 
        lower if NASA offered more or fewer buyouts, or if a 
        greater or smaller share of the workforce ended up 
        retiring.
    Because of those uncertainties, the budgetary effects of 
enacting S. 2800 could differ significantly from those provided 
in CBO's estimate.
    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 Table 4.

TABLE 4.--CBO'S ESTIMATE OF THE STATUTORY PAY-AS-YOU-GO EFFECTS OF S. 2800, THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION AUTHORIZATION ACT OF 2019,
                        AS ORDERED REPORTED BY THE SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION ON NOVEMBER 13, 2019
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                     By fiscal year, millions of dollars--
                                                      --------------------------------------------------------------------------------------------------
                                                        2020   2021   2022   2023   2024   2025   2026   2027   2028   2029   2030  2020-2025  2020-2030
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               Net Increase in the Deficit
 
Pay-As-You-Go Effect.................................      0      0      1      4      7      9     12     12     13     13     13       20         85
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Increase in long-term deficits: CBO estimates that enacting 
S. 2800 would not increase on-budget deficits by more than $5 
billion in any of the four consecutive 10-year periods 
beginning in 2030.
    Mandates: None.
    Estimate prepared by: Federal costs: Janani Shankaran 
(National Aeronautics and Space Administration), Dan Ready 
(voluntary separation incentive payments); Mandates: Brandon 
Lever.
    Estimate reviewed by: Kim P. Cawley, Chief, Natural and 
Physical Resources Cost Estimates Unit; H. Samuel Papenfuss, 
Deputy Director of Budget Analysis; Theresa Gullo, Director of 
Budget Analysis.

                      Regulatory Impact Statement

    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

    S. 2800, as enacted, 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, as enacted, would stimulate significant economic 
activity through $22.75 billion in funds authorized for NASA 
programs. In particular, large spaceflight programs such as 
Artemis contribute to sustaining U.S. leadership in aerospace 
engineering and manufacturing. NASA missions contribute to the 
inspiration and training of future generations of scientists 
and engineers and result in the development of world-changing 
technologies and products. Microgravity research conducted on 
the ISS has led to advancements in medical and materials 
science. NASA has also contributed significantly to the growth 
of the U.S. domestic commercial space industry by enabling the 
development of new launch vehicles, spacecraft, and earth 
observation capabilities. This bill seeks to amplify these 
impacts.

                                privacy

    The bill, as enacted, would enhance personal privacy 
protections for individuals receiving medical care from NASA, 
as it ensures that medical quality assurance records remain 
confidential. Given the importance of medical care being 
administered by NASA and the small patient pool, protecting 
medical information in line with common Government and industry 
best practices will help to ensure high-quality assurance of 
care.

                               paperwork

    The Committee does not anticipate a major increase in the 
paperwork burdens for individuals or businesses. The bill would 
require NASA to produce 19 reports to Congress. These reports 
are focused around specific critical areas of interest to the 
Committee and Nation, including various aspects of proposed 
commercial capability development plans, launch vehicle 
architecture, long-range exploration goals and missions, space 
station requirements, and facilities and workforce alignment, 
among others.

                   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


Sec. 1. Short title; table of contents.

    This section would provide that the bill may be cited as 
the ``National Aeronautics and Space Administration 
Authorization Act of 2019'' and would provide a table of 
contents.

Sec. 2. Definitions.

    This section would define the terms ``Administration'', 
``Administrator'', ``appropriate committees of Congress'', 
``cislunar space'', ``deep space'', ``development cost'', 
``ISS'', ``ISS management entity'', ``NASA'', ``Orion'', 
``OSTP'', and ``Space Launch System''.

                TITLE I--AUTHORIZATION OF APPROPRIATIONS


Sec. 101. Authorization of Appropriations.

    This section would authorize $22.75 billion for NASA for 
fiscal year 2020.

              TITLE II--HUMAN SPACEFLIGHT AND EXPLORATION


Sec. 201. Advanced cislunar and lunar surface capabilities.

    This section would express the sense of Congress regarding 
the Artemis program and recognize the significant commercial 
investments in human-class lunar landers, as well as the 
inclusive and diverse nature of NASA's workforce and the 
Artemis generation compared to the Apollo program of the 1960s. 
This section would direct NASA to partner with industry for the 
development of two or more human lander designs in the initial 
development phase, with a down-selection to no more than two 
designs for flight demonstration.

Sec. 202. Space Launch System configurations.

    This section would authorize NASA to maintain two mobile 
launch platforms for different variants of the SLS and would 
direct NASA to continue development of the EUS in order to 
utilize EUS on the third launch of SLS. This section would also 
direct NASA to develop a Main Propulsion Test Article for SLS 
to enable four-engine testing without using a flight article 
core stage.

Sec. 203. Advanced spacesuits.

    This section would express the sense of Congress on the 
importance of advanced spacesuit technology for the exploration 
of the Moon and Mars and would direct NASA to develop such 
spacesuits. It also would enable the agency to contract with 
the private sector for the manufacture of space suits.
    Under this section, NASA is directed to ensure that 
exploration spacesuits accommodate a diverse astronaut corps. 
The Committee is concerned that an all-female spacewalk 
scheduled in 2019 was canceled because there were not enough 
size-appropriate spacesuits available for use on ISS. Spacesuit 
availability should not drive NASA's ability to conduct 
exploration activities or limit those who can participate in 
such activities.

Sec. 204. Life science and physical science research.

    This section would express the sense of Congress that NASA 
should continue to support the biological and physical science 
priorities laid out in the 2011 National Academies' decadal 
survey on biological and physical sciences in space and would 
direct NASA to conduct such research to advance deep space 
human exploration.

Sec. 205. Acquisition of domestic space transportation and logistics 
        resupply services.

    This section would prohibit NASA from contracting with any 
company for space transportation or logistical resupply 
services that uses or plans to use a foreign launch provider or 
service, unless such service or vehicle is not available 
domestically. It provides an exemption for no-exchange-of-funds 
agreements with an international partner.

Sec. 206. Rocket engine test infrastructure.

    This section would direct NASA to invest in modernizing its 
rocket engine test infrastructure for future NASA and 
commercial missions. Under this section, NASA is directed to 
priortize investments in projects that enhance capabilities for 
large thrust-level atmospheric and altitude engines and engine 
systems, and ensure that this program not interfere with other 
testing activities or programs.

Sec. 207. Indian River Bridge.

    This section would require NASA, in coordination with 
appropriate Federal agencies, to ensure access to the Eastern 
Range via a bridge at the Indian River location. The Committee 
is concerned that the current Indian River Bridge on the NASA 
Causeway, which provides access to both Kennedy Space Center 
and Cape Canaveral, may soon be deemed unsafe for the transport 
of spacecraft and other heavy cargo.

Sec. 208. Value of International Space Station and capabilities in low-
        Earth orbit.

    This section would express the sense of Congress that 
maintaining a continuous human presence in LEO is in the 
economic and national security interests of the United States. 
It would also direct NASA to maintain the capability for a 
continuous human presence in LEO during and beyond the useful 
life of the ISS.

Sec. 209. Extension and modification relating to International Space 
        Station.

    This section would authorize NASA funding for the ISS 
through 2030. As NASA works to foster a market economy in LEO, 
ensuring that NASA maintains the United States' only 
microgravity laboratory and its attendant international 
commitments during the transitional period remains a priority 
for the Committee.

Sec. 210. Department of Defense activities on International Space 
        Station.

    This section would direct the Secretary of Defense to 
identify and review DOD activities being carried out on the ISS 
and brief Congress on such activities. Although NASA-affiliated 
research comprises a large percentage of ISS activity, the 
station can also host research benefiting other agencies, 
including DOD.

Sec. 211. Low-Earth orbit commercialization.

    This section would state that it is the policy of the 
United States to encourage the development of the LEO 
commercial sector. It also would direct NASA to utilize U.S. 
commercial products and services to fulfill mission 
requirements. The section would authorize NASA's LEO 
development program to stimulate the demand for space-based 
commercial research, development, and manufacturing and the 
supply of human spaceflight services in LEO. NASA would be 
required to prioritize activities that have non-Federal 
funding. The Committee believes that the emergence of a true 
commercial space economy will require greater reliance on non-
NASA investors and customers to support in-space platforms and 
services. The section would also stipulate that prior to 
awarding funding for a commercial space station, NASA should 
award a contract for the use of a docking port on the ISS, a 
capability that many commercial companies have expressed 
interest in for a number of years.

Sec. 212. Maintaining a national laboratory in space.

    This section would express the sense of Congress on the 
importance and benefits of a national laboratory in space and 
that the United States should maintain a national microgravity 
laboratory and support fundamental science research on future 
platforms. This section would also require NASA, in 
coordination with other appropriate agencies, to issue a report 
detailing the feasibility of establishing a federally funded 
microgravity national laboratory.

Sec. 213. International Space Station national laboratory; property 
        rights in inventions.

    This section would establish a legal framework for 
intellectual property developed on the ISS national laboratory. 
NASA would be required to waive any Government claims to 
intellectual property rights for inventions made on the ISS 
national laboratory if NASA is fully reimbursed for its 
services.

Sec. 214. Data first produced during non-NASA scientific use of the ISS 
        national laboratory.

    This section would provide disclosure limitations, 
including special handling for information classified as trade 
secrets or confidential information, regarding certain non-NASA 
scientific data developed in the ISS national laboratory.

Sec. 215. Royalties and other payments received for designated 
        activities.

    This section would allow NASA to recoup any costs or 
collect royalties from inventions supported by NASA or NASA 
personnel during work hours. This section would also establish 
the Space Exploration fund within the U.S. Treasury. Funds 
collected pursuant to this provision would be deposited in the 
Space Exploration fund, which NASA could use to carry out space 
exploration activities. This section would express the sense of 
Congress that NASA should determine a monetary threshold at 
which recouping costs or royalty payments should be required 
(i.e., if an invention created based on ISS research meets a 
certain monetary value).

Sec. 216. Steppingstone approach to exploration.

    This section would explicitly authorize NASA to conduct 
missions to the Moon in preparation for future manned missions 
to Mars and would set requirements for carrying out such 
missions. In carrying out such exploration of the Moon, NASA 
would be required to utilize both SLS and commercial space 
transportation services, plan for at least one SLS launch 
annually after the first successful crewed launch of Orion on 
SLS, and establish a space station in orbit around the Moon. 
The Committee believes such an outpost is vital to establishing 
a sustainable exploration program that feeds forward to Mars.

Sec. 217. Technical amendments relating to Artemis missions.

    This section would replace, in existing statutes, instances 
of the obsolete exploration mission EM designation with 
Artemis, NASA's current terminology for its deep space 
exploration program.

                           TITLE III--SCIENCE


Sec. 301. Science priorities.

    This section would express the sense of Congress regarding 
the importance of adequately funding a balanced set of 
scientific research grants and that NASA should continue to set 
research priorities based on guidance from the National 
Academies' decadal surveys. The section would require NASA to 
consult with the National Academies on any reevaluation of 
scientific priorities. For instance, NASA's goal to return 
humans to the Moon and the advent of new capabilities, such as 
commercial lunar landers, has provided an opportunity to do 
science on the lunar surface. While lunar science was not 
highly rated in the 2013 planetary science decadal survey, 
these external factors were not known at the time. The 
Committee appreciates that NASA consulted with the National 
Academies on lunar science priorities now that these 
opportunities are available, and expects the agency to continue 
such consultations in the event of similar scenarios.

Sec. 302. Lunar discovery program.

    This section would authorize NASA to develop a lunar 
research program that includes missions on the lunar surface. 
The agency would be directed to procure domestic commercial 
landers for such research payloads, follow research 
recommendations made by the National Academies, and create a 
mission to determine the presence of water at the lunar poles.

Sec. 303. Search for life.

    This section would express the sense of Congress to 
authorize NASA to continue its multidisciplinary research 
program to search for proof of life evolving somewhere in the 
universe beyond Earth. In carrying out such a research program, 
NASA would be required to support activities to search and 
analyze technosignatures. This section would also authorize the 
agency to invest in new sensor technology.

Sec. 304. James Webb Space Telescope.

    This section would express the sense of Congress with 
respect to the importance of the expansive undertaking in 
developing the JWST and acknowledges the previous setbacks in 
the cost and schedule during its early development. NASA would 
be authorized to spend approximately $8.8 billion to complete 
development and safe launch of the telescope by March 31, 2021.

Sec. 305. Wide-Field Infrared Survey Telescope.

    This section would express the sense of Congress that the 
growth of astrophysics flagship missions have impacted the 
Science Mission Directorate and would direct NASA to continue 
developing WFIRST in accordance with the 2010 National 
Academies decadal survey for astronomy and astrophysics.

Sec. 306. Satellite servicing for science missions.

    This section would require NASA to study the feasibility 
and cost of utilizing in-space refueling or repair of NASA's 
currently operational science missions. NASA would be required 
to provide the study to the appropriate committees of Congress 
and the National Academies Space Studies Board 1 year after the 
date of enactment of this bill.

Sec. 307. Earth science missions and programs.

    This section would express the sense of Congress with 
respect to the importance of Earth science and the data 
collected and used to understand global change. It would direct 
NASA to follow the recommendations and guidance of the National 
Academies, carry out previously planned observation missions 
(the program of record), and develop new missions of all 
classes, based on the decadal recommendations. In carrying out 
activities under this section, the Committee encourages the 
Administrator to continue to leverage commercially available 
data products and services in instances where mission goals may 
be met through data procurement instead of a dedicated 
spacecraft.

Sec. 308. Science missions to Mars.

    This section would direct NASA to conduct 1 or more science 
missions to Mars to enable the selection of 1 or more sites for 
human landing. Additionally, the section would authorize a Mars 
sample return mission.

Sec. 309. Planetary Defense Coordination Office.

    This section would express the sense of congressional 
findings that near-Earth objects remain a threat, and that the 
statutory requirement to survey and catalog such objects by 
2020 will not be met with currently available NASA assets. To 
address the threat of near-Earth objects, this section would 
authorize NASA's Planetary Defense Coordination Office. The 
Planetary Defense Coordination Office would, in accordance with 
NASA's publicly announced plans, be required to develop and 
launch a space-based infrared survey telescope capable of 
completing the Near-Earth Object Survey program. Given the 
recommendations of the National Academies, this section 
specifically would direct NASA to fund, develop, and launch a 
space-based infrared telescope, preferably one which has 
already been selected by NASA for concept design studies, by 
September 30, 2025. This section would also authorize DOD 
support for these activities.
    This section would require NASA to annually report to the 
relevant congressional committees on its progress toward 
completing the space-based infrared telescope, and other 
efforts related to planetary defense.

Sec. 310. Suborbital science flights.

    This section would express the sense of Congress that 
commercially available suborbital flight platforms enable low-
cost access to a microgravity environment to advance science 
and train scientists and engineers under the Science Mission 
Directorate's Suborbital Research Program. With commercial 
reusable suborbital flight platforms providing increased access 
to the microgravity environment for NASA's Space Technology 
Mission Directorate payloads, the Committee is concerned that 
challenges within the Science Mission Directorate are 
significantly limiting the use of commercial reusable 
suborbital flight platforms for science purposes. Therefore, 
this section would require NASA to submit a report to Congress 
within 270 days on the manner in which suborbital flight 
platforms can contribute to meeting the science objectives of 
NASA for the Science Mission Directorate, including the 
challenges to greater use of commercial suborbital flight 
platforms for such purposes.

Sec. 311. Earth science data and observations.

    This section would require NASA to make Earth science data 
and observations available to the public. Current NASA policy 
requires such data to remain publicly available.

Sec. 312. Sense of Congress on small satellite science.

    This section would express the sense of Congress regarding 
the importance of small satellites in carrying out cost-
effective research and supports the continuing development of 
lightweight, compact instruments for small satellites.

Sec. 313. Sense of Congress on commercial space services.

    This section would express the sense of Congress that NASA 
should explore ways to utilize commercial space products and 
services for science missions. Specifically, NASA should look 
to collaborate directly with providers of services for space 
exploration missions beyond LEO, such as hosting instruments; 
communications relay; positioning, navigation and timing (PNT); 
and data services.

Sec. 314. Procedures for identifying and addressing alleged violations 
        of scientific integrity policy.

    This section would require NASA to develop procedures to 
identify and address alleged violations of the agency's 
scientific integrity policy. NASA's scientific integrity policy 
serves as a safeguard to ensure high standards of 
professionalism, ethical conduct, and adherence to proper 
research and data evaluation practices.

                         TITLE IV--AERONAUTICS


Sec. 401. Short title.

    This section would provide that the title may be cited as 
the ``Aeronautics Innovation Act''.

Sec. 402. Definitions.

    This section would define the terms ``Aeronautics Strategic 
Implementation Plan'', ``unmanned aircraft'', ``unmanned 
aircraft system'', and ``X-plane''.

Sec. 403. Experimental aircraft projects.

    This section would express the sense of Congress that 
developing high risk technologies where there is not yet a 
profit rationale is a key role for NASA and that large-scale 
piloted test flight is important for transitioning new 
technologies and materials and capturing the maximum benefits 
for the development of commercial projects. This section would 
also express the intent to maintain adequate long term funding 
to ensure piloted test flights are sustained into the future.
    This section would establish the policy of the United 
States to maintain world leadership in military and civilian 
aeronautical power. This section would also require a series of 
X-plane technology demonstration projects, including a low-boom 
supersonic aircraft and a subsonic aircraft that enables 
significant increases in energy efficiency. The goal of the X-
plane program is to eventually enable the deployment of such 
technologies to the commercial sector.
    This section would also authorize NASA to develop an 
advanced manufacturing technology program to develop composite 
and high temperature materials and their manufacturing 
processes. The program would also develop new techniques to 
reduce the damage when evaluating aviation and aeronautic 
structures and provide education and training to help address 
the global cost and human competitiveness in aeronautical 
industries. In conducting this program, NASA would be 
authorized to engage in research partnerships with academia or 
the commercial sector.

Sec. 404. Unmanned aircraft systems.

    This section would direct NASA to research and develop 
capabilities and concepts to enable the integration of unmanned 
aircraft systems into the national airspace system. To support 
the integration of unmanned aircraft, NASA would coordinate 
with the FAA to research and test air traffic management 
systems that incorporate unmanned aircraft.

Sec. 405. 21st Century Aeronautics Capabilities Initiative.

    This section would establish the 21st Century Aeronautics 
Capabilities Initiative within the construction and 
environmental compliance and restoration account to ensure NASA 
has the resources and facilities to conduct flight 
demonstration projects.

Sec. 406. Sense of Congress on on-demand air transportation.

    This section would express the sense of Congress that high-
speed air transportation, small airports, helipads, and other 
vertical flight infrastructure can alleviate surface congestion 
and that NASA should conduct research focused on new 
technologies and tools to develop future vehicles and on-demand 
air transportation systems that can be leveraged by the FAA to 
support vehicle safety and operational certification.

Sec. 407. Sense of Congress on hypersonic technology research.

    This section would express the sense of Congress that 
hypersonic technology is critical for both civilian and 
national security purposes and that NASA should utilize the 
DOD, commercial partnerships, and academic institutions to 
maximize development of hypersonic flight development.

                       TITLE V--SPACE TECHNOLOGY


Sec. 501. Space Technology Mission Directorate.

    This section would express the sense of Congress that an 
independent Space Technology Mission Directorate is critical to 
ensuring continued development in technologies critical to 
NASA's various mission directorates. The section would direct 
NASA to maintain the Space Technology Mission Directorate.

Sec. 502. Flight opportunities program.

    This section would express the sense of Congress that NASA 
should provide suborbital flight opportunities for payloads. 
The section would amend the Commercial Reusable Suborbital 
Research Program to allow NASA to fund engineering and 
integration demonstrations, proofs of concept, and educational 
experiments, but would prohibit NASA from funding the 
development of commercial suborbital launch vehicles as the 
number of such vehicles offered by commercial entities has 
proliferated rapidly since the program's creation.

Sec. 503. Small Spacecraft Technology Program.

    This section would express the sense of Congress that the 
Small Spacecraft Technology Program is important for conducting 
science and technology validation for low-earth orbit and deep 
space missions and would direct NASA to accommodate science 
payloads that further the goal of human exploration of the Moon 
and Mars.

Sec. 504. Nuclear propulsion technology.

    This section would express the sense of Congress that 
nuclear propulsion is critical to development of advanced 
civilian and national defense spacecraft and would require NASA 
to coordinate with the DOD to continue development of nuclear 
propulsion technology and conduct an in-space demonstration of 
such technology no later than 2024. In carrying out the 
requirements of this section, the Committee encourages the 
Administrator, to the greatest extent practicable, to partner 
with commercial industry.

Sec. 505. Mars-forward technologies.

    This section would express the sense of Congress to direct 
NASA and its Space Technology Mission Directorate to prioritize 
technologies needed for human exploration of Mars, including 
entry, descent, and landing, and in-space propulsion.

Sec. 506. Prioritization of low-enriched uranium technology.

    This section would express the sense of Congress that 
highly enriched uranium presents security and nuclear 
nonproliferation concerns. This section would direct NASA to 
prioritize the use of low-enriched uranium in developing a 
surface power nuclear reactor, and provide a report to Congress 
on such prioritization not later than 120 days after the date 
of enactment.

Sec. 507. Sense of Congress on next-generation communications 
        technology.

    This section would express the sense of Congress that 
optical communications and quantum encryption technologies 
remain vital to U.S. leadership in space and that such 
technologies would enable more reliable and secure space-based 
communications. As NASA examines future space communications 
needs, the Committee encourages the Administrator to press 
forward with development and deployment of these technologies.

                       TITLE VI--STEM ENGAGEMENT


Sec. 601. Sense of Congress.

    The section would express the sense of Congress that NASA 
is uniquely positioned as a source of inspiration to help 
increase student interest in STEM fields. Therefore, NASA 
should engage with students in K-12, higher education, and 
underrepresented populations to support STEM opportunities and 
development.

Sec. 602. STEM education engagement activities.

    This section would direct NASA to provide formal and 
informal STEM education engagement through various existing and 
new programs to encourage students at all education levels to 
pursue learning and career opportunities in STEM fields by 
leveraging NASA's flagship projects among other means. This 
section also would direct NASA to report back to the 
appropriate committees within 1 year regarding these 
activities.
    This section would reaffirm that one of NASA's core 
missions is to engage students of all ages to pursue learning 
and career opportunities in STEM fields. While this section 
states that the Office of NASA STEM Engagement shall lead these 
efforts, this section would also make it clear that all NASA 
mission directorates must play a role in providing funding and 
opportunities to carry out NASA's STEM Engagement mission. By 
requiring that NASA leverage national programs to promote STEM 
education, this section would clarify that all human 
spaceflight and science missions should contribute funding and 
resources, including in-person and virtual access to facilities 
and personnel, to ensure NASA meets its STEM education mission.

Sec. 603. Skilled technical education outreach program.

    This section would direct NASA to conduct outreach at 
secondary schools to expose students to careers that require 
technical education and to encourage students to pursue such 
careers and enable students to observe NASA systems and 
processes whenever appropriate. The section also would direct 
the agency to submit an outreach plan with implementation 
steps, resources required, and other recommendations for 
establishing such a program.

Sec. 604. National space grant college and fellowship program.

    This section, modeled on S. 2831, a bill introduced by 
Senators Capito and Sinema, would change and clarify provisions 
in the National Space Grant College and Fellowship Program 
(Space Grant). While there would be updates, this section would 
continue the main goals of the program--namely that Space Grant 
is a joint Federal-State partnership aimed at advancing STEM 
learning and workforce development equally at the national and 
State levels. Core funding for lead Space Grant institutions in 
each State would remain the heart of the program. This funding 
supports State-wide STEM efforts through research projects, 
fellowships, and community partnerships.
    Specifically, this section would modernize and reform Space 
Grant for the first time since its creation in 1988 to more 
accurately reflect how the program currently operates. This 
section would specify that NASA designate a Space Grant 
consortium in each State to administer each State's Space Grant 
funding allocation. A Space Grant consortium may consist of 
colleges, industries, science learning centers, museums, and 
government entities.
    This section would broaden the objective of the Space Grant 
program to include providing hands-on research, training, and 
education programs with measurable outcomes in each State. This 
section would clarify that the goal of the Space Grant program 
is to support the research needs of NASA, develop a national 
STEM workforce, and meet each State's STEM workforce needs.
    This section would establish a new procedure for NASA to 
suspend, terminate, or re-designate a Space Grant consortium, 
if needed.
    This section would clarify how funding for the Space Grant 
program would be distributed. This section would direct NASA to 
provide an equal share of grant funding to consortia from each 
of the 50 States, the District of Colombia, and Puerto Rico. 
Space grant consortia from Guam and the U.S. Virgin Islands 
will receive one-fifth the amount of funding a State receives. 
This section would require States to provide a one-to-one match 
for every Federal dollar received.
    This section would require that, of all funding 
appropriated to the Space Grant program each year, 85 percent 
of all funding be provided to State consortia in the form of 
grants. Ten percent of appropriated funding may be used for 
NASA to administer the program, and 5 percent of funding can be 
used for special programs to further science and education-
related NASA missions.
    Additionally, this section would establish limits for the 
use of Space Grant funds, and makes several conforming repeals 
of provisions in the current statute.

                TITLE VII--WORKFORCE AND INDUSTRIAL BASE


Sec. 701. Appointment and compensation pilot program.

    This section would create a 3-year pilot program within 
NASA to explore innovations in workforce structure. This 
section also would modify the agency's excepted service hiring 
authority for enhanced workforce flexibility.

Sec. 702. Establishment of multi-institution consortia and university-
        affiliated research centers.

    This section would reaffirm NASA's authority to establish 
university-affiliated research centers (UARCs) to support NASA 
missions, similar to the DOD, which has 15 active UARC 
agreements. NASA has previously utilized UARCs to support work 
out of Ames Research Center. This section would reiterate that 
authority and require NASA to develop and implement policies 
and procedures that govern the selection of UARC participants 
and the award of cooperative agreements or other contracts. By 
establishing these procedures, this section would allow 
universities to better understand the research needs of NASA 
and the procedure for being awarded a UARC contract.

Sec. 703. Expedited access to technical talent and expertise.

    This section would allow NASA to establish one or more 
multi-institution task order contracts, consortia, cooperative 
agreements, or other arrangements to facilitate expedited 
access to technical expertise in support of NASA missions. This 
section is modeled on similar authority granted to the DOD in 
the National Defense Authorization Act for Fiscal Year 2018\39\ 
and would enable NASA to benefit from the expertise of 
researchers at universities, federally funded research and 
development corporations, nonprofit research institutions, or 
other research consortia.
---------------------------------------------------------------------------
    \39\Pub. L. 115-91.
---------------------------------------------------------------------------

Sec. 704. Report on industrial base for civil space missions and 
        operations.

    This section would require NASA to submit to the 
appropriate committees of Congress, not later than 1 year after 
enactment, a report that describes the current status of the 
NASA space industrial base and a description of weaknesses in 
supply chain, skills, manufacturing, and other key aspects of 
an industrial base. NASA would then be directed to assess 
mechanisms to mitigate or address such weaknesses, as well as 
any other matters in connection with the NASA industrial base.

Sec. 705. Separations and retirement incentives.

    This section would increase the maximum separation or 
retirement incentive from the current $25,000 to $40,000 to 
bring NASA in line with other Federal agencies, including the 
DOD.

Sec. 706. Confidentiality of medical quality assurance records.

    This section would ensure that records pertaining to 
medical quality assurance investigations at NASA remain 
protected. Such records may include personally identifiable 
information and sensitive medical information on patients. 
Protecting such information is standard practice in most 
governmental and nongovernmental healthcare environments.

                  TITLE VIII--MISCELLANEOUS PROVISIONS


Sec. 801. Contracting authority.

    This section would authorize NASA to consider commercial 
users' needs when contracting for supplies or services (e.g., 
for commercial launch companies operating on NASA property). 
Commercial users would reimburse the Government for the cost of 
their share of such goods or services. This action will enable 
NASA to take advantage of better economy-of-scale pricing for 
these services and enable its providers to make better informed 
business decisions about the infrastructure investments that 
may be necessary to satisfy both Government and commercial 
needs. This authority is similar to the authority DOD has under 
10 U.S.C. 2276(b)(2).

Sec. 802. Authority for transaction prototype projects and follow-on 
        production contracts.

    This section would authorize NASA to carry out prototype 
projects as other transactions and award follow-on production 
contracts without the use of competitive procedures, provided 
that competitive procedures were used for the underlying 
prototype transaction. This authority is intended to give the 
agency additional flexibility and speed in transitioning from 
prototypes to production items. Although the Committee 
understands that contracting requirements currently result in 
significant delay between prototype stage and production, NASA 
leadership should take great care in ensuring that this 
authority is employed responsibly and only in cases where time 
is of the essence.

Sec. 803. Protection of data and information from public disclosure.

    This section would direct NASA to provide protections for 
certain data relating to proprietary technology or a mishap 
investigation and ensures data from such an investigation will 
not be disclosed by other Federal agencies. Such protections 
will ensure that proprietary or otherwise controlled data is 
not disclosed. With regard to data related to accident 
investigations, the Committee believes such protections will 
promote a better understanding of space systems in the event of 
a mishap.

Sec. 804. Physical security modernization.

    This section would allow NASA security contractors to 
provide physical security to NASA property and personnel 
outside of NASA centers.

Sec. 805. Lease of non-excess property.

    This section would give NASA permanent enhanced leasing 
authority. Enhanced use leasing (EUL) allows NASA to enter into 
agreements with private sector entities, State and local 
governments, academic institutions, and other Federal agencies, 
to lease non-excess but underutilized NASA property. Unlike 
traditional lease arrangements, EUL permits NASA to retain 
revenues and use them for capital improvements and to improve 
mission effectiveness. NASA has 70 EULs primarily at five NASA 
centers: Stennis Space Center (Mississippi), Ames Research 
Center (California), Marshall Space Flight Center (Alabama), 
Kennedy Space Center (Florida), and Goddard Space Flight Center 
(Maryland). Each year, the overall EUL program generates 
positive revenue for NASA to help maintain deteriorating 
facilities. The net revenue income from EUL was $6.8 million in 
FY 2018 and $5.4 million in FY 2017. NASA's FY 2020 
appropriations bill extended EUL authority until December 31, 
2021.

Sec. 806. Cybersecurity.

    This section would direct NASA to update and improve the 
cybersecurity of space assets and other systems and maintain a 
security operations center to respond to cyber threats. The 
agency would establish operational level agreements across NASA 
centers and directorates and implement a cyber-threat hunt 
capability to isolate and neutralize cyber threats.

Sec. 807. Limitation on cooperation with the People's Republic of 
        China.

    This section would prohibit NASA, the Office of Science and 
Technology Policy, and the National Space Council from 
developing or coordinating any bilateral policy or program 
with, or hosting visitors from, the PRC or any company owned by 
or incorporated in the PRC, unless NASA certifies that the 
coordination or visitation poses no risk to technology or 
information transfer and does not involve individuals involved 
in human rights violations. Certification of such waiver must 
be submitted to Congress within 30 days after the waiver is 
issued. This section also requires the Comptroller General to 
conduct a review of all contracts that may pose a risk of 
intellectual property or technology transfer to an entity 
owned, controlled, or organized under the laws of the PRC.

Sec. 808. Consideration of issues related to contracting with entities 
        receiving assistance from or affiliated with the People's 
        Republic of China.

    This section would require NASA to consider implications of 
contracting with entities connected through ownership, control, 
or other affiliation to the PRC. The Committee remains 
concerned about the PRC's massive campaign of infiltration of 
critical supply chains and theft of sensitive technical 
information from U.S. aerospace firms, as well as from other 
entities that are vital to our Nation's economy and security. 
Findings of the U.S. International Trade Commission, the United 
States-China Economic and Security Review Commission, the U.S. 
Trade Representative, and the U.S. Justice Department China 
Initiative cite not only Chinese theft of U.S. trade secrets, 
but also leveraging of investments, subsidies, market access 
privileges, and other Government-controlled financial benefits, 
both directly and through commonly owned and controlled 
companies and non-commercial entities, to gain access to 
sensitive technical information. The Justice Department reports 
that the FBI has approximately 1,000 open cases involving 
Chinese activities in the United States aimed at stealing and 
otherwise illicitly acquiring technical information. As 
reflected in their own, official documents, the Chinese attach 
a high priority to targeting U.S. aerospace, in particular.
    An August 14, 2017, Presidential Memorandum for the United 
States Trade Representative states:

China has implemented laws, policies, and practices and has taken 
actions related to intellectual property, innovation, and technology 
that may encourage or require the transfer of American technology and 
intellectual property to enterprises in China or that may otherwise 
negatively affect American economic interests. These laws, policies, 
practices, and actions may inhibit U.S. exports, deprive U.S. citizens 
of fair remuneration for their innovations, divert American jobs to 
workers in China, contribute to our trade deficit with China, and 
otherwise undermine American manufacturing, services, and 
innovation.\40\
---------------------------------------------------------------------------
    \40\Donald J. Trump, Presidential Memorandum for the United States 
Trade Representative, Aug. 14, 2017 (https://www.whitehouse.gov/
presidential-actions/presidential-memorandum-united-states-trade-
representative/) (accessed May 1, 2020).

    The Committee agrees and will continue to respond strongly 
to the harm done to the United States by China's campaign of 
predatory behavior toward the U.S. aerospace base and other 
vitally important sectors of our national economy. The 
Committee will closely watch for effective implementation of 
the IP-related provisions of the Phase 1 trade deal with China 
and the further actions expected to address this serious 
matter.

Sec. 809. Small satellite launch services program.

    This section would direct NASA to procure dedicated launch 
services for small satellites, including CubeSats, engage with 
the academic community, and whenever possible utilize secondary 
payloads for launching such satellites. This section would not 
prohibit NASA from utilizing ridesharing and co-manifested 
payloads on larger launch vehicles where appropriate.

Sec. 810. 21st century space launch infrastructure.

    This section would require NASA to invest in space launch 
infrastructure at its facilities to enhance Government and 
commercial space launch capabilities.

Sec. 811. Missions of national need.

    This section would direct OSTP to study how NASA could fund 
missions of national need (e.g., space debris removal, asteroid 
detection for planetary defense, and space weather research) 
that do not necessarily provide the highest value science and, 
therefore, are often not selected for development through 
NASA's current funding process. This section also directs OSTP 
to provide a report no later than 1 year after the date of 
enactment on recommendations for funding missions of national 
need.

Sec. 812. Exemption from the Iran, North Korea, and Syria 
        Nonproliferation Act.

    This section would extend NASA's exemption from the Iran, 
North Korea, and Syria Nonproliferation Act through 2030 in 
order to allow NASA to continue cooperation with Russia on the 
ISS.

Sec. 813. Drinking water well replacement for Chincoteague, Virginia.

    This section would allow NASA to replace water wells 
contaminated by agency activities at the Wallops Flight 
Facility in Virginia.

Sec. 814. Passenger carrier use.

    This section would allow NASA to provide transportation to 
U.S. Government astronauts after space missions before they 
receive medical clearance to drive. The provision would also 
allow non-U.S. Government astronauts to receive transportation 
services on a reimbursable basis.

Sec. 815. Use of commercial near-space balloons.

    This section would express the sense of Congress that use 
of commercially available near-space balloons is in the best 
interest of the United States. The section would also direct 
NASA to use, where appropriate, commercially available near-
space balloons to support the agency's goals.

Sec. 816. President's Space Advisory Board.

    This section would rename the National Space Council User's 
Advisory Group (UAG) as the President's Space Advisory Board to 
better reflect the group's purpose and composition. The UAG is 
comprised of various stakeholders in the space economy and 
provides advice and guidance on space industry issues.

Sec. 817. Initiative on technologies for noise and emissions 
        reductions.

    This section would direct NASA to build upon and accelerate 
work on technologies to reduce noise and emissions from 
aircraft. This section would also direct the agency to continue 
work on electric propulsion, provide guidance to the FAA on 
these technologies, and report to Congress annually on the 
initiative.

Sec. 818. Remediation of sites contaminated with trichloroethylene.

    This section would require NASA to continue efforts to 
remediate contamination at sites where the agency used 
trichloroethylene (TCE). This section also requires the 
Administrator to provide a report to Congress no later than 1 
year after enactment with recommendations on remediating 
affected sites and estimated costs.

Sec. 819. Report on merits and options for establishing an institute 
        relating to space resources.

    This section would require NASA to report to Congress 
within 180 days after enactment, a set of options for, and the 
merits of, establishing an institute related to the 
identification, development and distribution of space 
resources. The term ``space resource'' would be defined as an 
abiotic resource found in outer space, such as mineral deposits 
on another planet.

Sec. 820. Report on establishing center of excellence for space weather 
        technology.

    This section would require a report from NASA within 180 
days after enactment, describing the potential benefits of 
establishing a NASA center of excellence for space weather 
technology. This section would also require NASA to consider 
geographical constraints on the establishment of such a center 
based on previously Government-funded space weather research 
activities, access to universities, and areas where NASA may 
not previously have established such activities.

Sec. 821. Review on preference for domestic suppliers.

    This section would express the sense of Congress that, to 
the maximum extent practicable, NASA should use domestic 
suppliers of goods and services and comply with Federal 
acquisition regulations, including subcontract provisions. This 
section would require NASA to review its domestic supplier 
preferences and its compliance with Federal acquisition 
regulations provisions relating to foreign-based sub-
contractors, within 180 days after the enactment of this bill. 
This section would also require NASA to provide a report to 
Congress on the results of that review.

Sec. 822. Report on utilization of commercial space ports licensed by 
        Federal Aviation Administration.

    This section would require NASA to report to Congress on 
the utilization of FAA-licensed commercial spaceports for civil 
space missions.

Sec. 823. Active orbital debris mitigation.

    This section would express the sense of Congress that 
orbital debris poses a hazard to NASA missions and encourage 
the agency to ensure that policies and practices for safety and 
debris mitigation meet or exceed international guidelines. This 
section would require NASA to report to Congress within 90 days 
after the date of enactment on the status of implementation.

Sec. 824. Study on commercial communications services.

    This section would express the sense of Congress that 
current NASA space communications capabilities do not allow for 
real-time data collection, observation, or transmission of 
information. The section would require that NASA study the use 
of commercial communications services for suborbital flight 
programs and LEO research. This section also requires that a 
report on the results of such study be provided to Congress and 
made available to the public no later than 18 months after the 
date of enactment.

                        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):

UNITED STATES CODE

           *       *       *       *       *       *       *


TITLE 31--MONEY AND FINANCE

           *       *       *       *       *       *       *


Subtitle II--The Budget Process

           *       *       *       *       *       *       *


CHAPTER 13--APPROPRIATIONS

           *       *       *       *       *       *       *


Subchapter III--Limitations, Exceptions, and Penalties

           *       *       *       *       *       *       *


Sec. 1344. Passenger carrier use

  (a)(1) Funds available to a Federal agency, by appropriation 
or otherwise, may be expended by the Federal agency for the 
maintenance, operation, or repair of any passenger carrier only 
to the extent that such carrier is used to provide 
transportation for official purposes. Notwithstanding any other 
provision of law, transporting any individual other than the 
individuals listed in subsections (b) and (c) of this section 
between such individual's residence and such individual's place 
of employment is not transportation for an official purpose.
  (2) For purposes of paragraph (1), transportation between the 
residence of an officer or employee and various locations that 
is--
          (A) required for the performance of field work, in 
        accordance with regulations prescribed pursuant to 
        subsection (e) of this section, [or]
          (B) essential for the safe and efficient performance 
        of intelligence, counterintelligence, protective 
        services, or criminal law enforcement duties, or
          (C) necessary for post-flight transportation of 
        United States Government astronauts, and other 
        astronauts subject to reimbursable arrangements, 
        returning from space for the performance of medical 
        research, monitoring, diagnosis, or treatment, or other 
        official duties, prior to receiving post-flight medical 
        clearance to operate a motor vehicle,
        is transportation for an official purpose, when 
        approved in writing by the head of the Federal agency.
  (3) * * *

           *       *       *       *       *       *       *


TITLE 51--NATIONAL AND COMMERCIAL SPACE PROGRAMS

           *       *       *       *       *       *       *


Subtitle I--General

           *       *       *       *       *       *       *


CHAPTER 101--DEFINITIONS

           *       *       *       *       *       *       *


Sec. 10101. Definitions

  In this title:
          (1) Administration.--The term ``Administration'' 
        means the National Aeronautics and Space 
        Administration.
          (2) Administrator.--The term ``Administrator'' means 
        the Administrator of the National Aeronautics and Space 
        Administration.
          (3) Cislunar space.--The term ``cislunar space'' 
        means the region of space beyond low-Earth orbit out to 
        and including the region around the surface of the 
        Moon.

           *       *       *       *       *       *       *


           Subtitle II--General Program and Policy Provisions

          CHAPTER 201--NATIONAL AERONAUTICS AND SPACE PROGRAM

     Subchapter I--Short Title, Declaration of Policy, and Definitions

Sec.
20101.  Short title.
20102.  Congressional declaration of policy and purpose.
20103.  Definitions.

     SUBCHAPTER II--COORDINATION OF AERONAUTICAL AND SPACE ACTIVITIES

20111.  National Aeronautics and Space Administration.
20112.  Functions of the Administration.
20113.  Powers of the Administration in performance of functions.
20114.  Administration and Department of Defense coordination.
20115.  International cooperation.
20116.  Reports to Congress.
20117.  Disposal of excess land.

             SUBCHAPTER III--GENERAL ADMINISTRATIVE PROVISIONS

20131.  Public access to information.
20132.  Security requirements.
20133.  Permission to carry firearms.
20134.  Arrest authority.
20135.  Property rights in inventions.
20136.  Contributions awards.
20137.  Malpractice and negligence suits against United States.
20138.  Insurance and indemnification.
20139.  Insurance for experimental aerospace vehicles.
20140.  Appropriations.
20141.  Misuse of agency name and initials.
20142.  Contracts regarding expendable launch vehicles.
20143.  Full cost appropriations account structure.
20144.  Prize authority.
20145.  Lease of non-excess property.
20146.  Retrocession of jurisdiction.
20147.  Recovery and disposition authority.
20148.  Indemnification; NASA launch services and reentry services.
20149.  Medical monitoring and research relating to human space flight.
20150.  Property rights in designated inventions.
20151.  Data rights.
20152.  Royalties and other payments received for designated activities.

                 SUBCHAPTER IV--UPPER ATMOSPHERE RESEARCH

20161.  Congressional declaration of purpose and policy.
20162.  Definition of upper atmosphere.
20163.  Program authorized.
20164.  International cooperation.

           *       *       *       *       *       *       *


Subchapter II--Coordination of Aeronautical and Space Activities

           *       *       *       *       *       *       *


Sec. 20113. Powers of the Administration in performance of functions

  (a) * * *

           *       *       *       *       *       *       *

  (n) * * *
  (o) Provisions Related to Separation and Retirement 
Incentives.--
          (1) Definition.--In this subsection, the term 
        ``employee''--
                  (A) means an employee of the Administration 
                serving under an appointment without time 
                limitation; and
                  (B) does not include--
                          (i) a reemployed annuitant under 
                        subchapter III of chapter 83 or chapter 
                        84 of title 5 or any other retirement 
                        system for employees of the Federal 
                        Government;
                          (ii) an employee having a disability 
                        on the basis of which such employee is 
                        or would be eligible for disability 
                        retirement under any of the retirement 
                        systems referred to in clause (i); or
                          (iii) for purposes of eligibility for 
                        separation incentives under this 
                        subsection, an employee who is in 
                        receipt of a decision notice of 
                        involuntary separation for misconduct 
                        or unacceptable performance.
          (2) Authority.--The Administrator may establish a 
        program under which employees may be eligible for early 
        retirement, offered separation incentive pay to 
        separate from service voluntarily, or both. This 
        authority may be used to reduce the number of personnel 
        employed or to restructure the workforce to meet 
        mission objectives without reducing the overall number 
        of personnel. This authority is in addition to, and 
        notwithstanding, any other authorities established by 
        law or regulation for such programs.
          (3) Early retirement.--An employee who is at least 50 
        years of age and has completed 20 years of service, or 
        has at least 25 years of service, may, pursuant to 
        regulations promulgated under this subsection, apply 
        and be retired from the Administration and receive 
        benefits in accordance with subchapter III of chapter 
        83 or 84 of title 5 if the employee has been employed 
        continuously within the Administration for more than 30 
        days before the date on which the determination to 
        conduct a reduction or restructuring within 1 or more 
        Administration centers is approved.
          (4) Separation pay.--
                  (A) In general.--Separation pay shall be paid 
                in a lump sum or in installments and shall be 
                equal to the lesser of--
                          (i) an amount equal to the amount the 
                        employee would be entitled to receive 
                        under section 5595(c) of title 5, if 
                        the employee were entitled to payment 
                        under such section; or
                          (ii) $40,000.
                  (B) Limitations.--Separation pay shall not be 
                a basis for payment, and shall not be included 
                in the computation, of any other type of 
                Government benefit. Separation pay shall not be 
                taken into account for the purpose of 
                determining the amount of any severance pay to 
                which an individual may be entitled under 
                section 5595 of title 5, based on any other 
                separation.
                  (C) Installments.--Separation pay, if paid in 
                installments, shall cease to be paid upon the 
                recipient's acceptance of employment by the 
                Federal Government, or commencement of work 
                under a personal services contract as described 
                in paragraph (5).
          (5) Limitations on reemployment.--
                  (A) An employee who receives separation pay 
                under such program may not be reemployed by the 
                Administration for a 12-month period beginning 
                on the effective date of the employee's 
                separation, unless this prohibition is waived 
                by the Administrator on a case-by-case basis.
                  (B) An employee who receives separation pay 
                under this section on the basis of a separation 
                and accepts employment with the Government of 
                the United States, or who commences work 
                through a personal services contract with the 
                United States within 5 years after the date of 
                the separation on which payment of the 
                separation pay is based, shall be required to 
                repay the entire amount of the separation pay 
                to the Administration. If the employment is 
                with an Executive agency (as defined by section 
                105 of title 5) other than the Administration, 
                the Administrator may, at the request of the 
                head of that agency, waive the repayment if the 
                individual involved possesses unique abilities 
                and is the only qualified applicant available 
                for the position. If the employment is within 
                the Administration, the Administrator may waive 
                the repayment if the individual involved is the 
                only qualified applicant available for the 
                position. If the employment is with an entity 
                in the legislative branch, the head of the 
                entity or the appointing official may waive the 
                repayment if the individual involved possesses 
                unique abilities and is the only qualified 
                applicant available for the position. If the 
                employment is with the judicial branch, the 
                Director of the Administrative Office of the 
                United States Courts may waive the repayment if 
                the individual involved possesses unique 
                abilities and is the only qualified applicant 
                available for the position.
          (6) Regulations.--Under the program established under 
        paragraph (2), early retirement and separation pay may 
        be offered only pursuant to regulations established by 
        the Administrator, subject to such limitations or 
        conditions as the Administrator may require.
          (7) Use of existing funds.--The Administrator shall 
        carry out this subsection using amounts otherwise made 
        available to the Administrator and no additional funds 
        are authorized to be appropriated to carry out this 
        subsection.
  (p) Contracting Authority.--The Administration--
          (1) may enter into an agreement with a private, 
        commercial, or State government entity to provide the 
        entity with supplies, support, and services related to 
        private, commercial, or State government space 
        activities carried out at a property owned or operated 
        by the Administration; and
          (2) upon the request of such an entity, may include 
        such supplies, support, and services in the 
        requirements of the Administration if--
                  (A) the Administrator determines that the 
                inclusion of such supplies, support, or 
                services in such requirements--
                          (i) is in the best interest of the 
                        Federal Government;
                          (ii) does not interfere with the 
                        requirements of the Administration; and
                          (iii) does not compete with the 
                        commercial space activities of other 
                        such entities; and
                  (B) the Administration has full reimbursable 
                funding from the entity that requested 
                supplies, support, and services prior to making 
                any obligation for the delivery of such 
                supplies, support, or services under an 
                Administration procurement contract or any 
                other agreement.
  (q) Transaction Prototype Projects and Follow-on Production 
Contracts.--
          (1) In general.--The Administration may enter into a 
        transaction (other than a contract, cooperative 
        agreement, or grant) to carry out a prototype project 
        that is directly relevant to enhancing the mission 
        effectiveness of the Administration.
          (2) Subsequent award of follow-on production 
        contract.--A transaction entered into under this 
        subsection for a prototype project may provide for the 
        subsequent award of a follow-on production contract to 
        participants in the transaction.
          (3) Inclusion.--A transaction under this subsection 
        includes a project awarded to an individual participant 
        and to all individual projects awarded to a consortium 
        of United States industry and academic institutions.
          (4) Determination.--The authority of this section may 
        be exercised for a transaction for a prototype project 
        and any follow-on production contract, upon a 
        determination by the head of the contracting activity, 
        in accordance with Administration policies, that--
                  (A) circumstances justify use of a 
                transaction to provide an innovative business 
                arrangement that would not be feasible or 
                appropriate under a contract; and
                  (B) the use of the authority of this section 
                is essential to promoting the success of the 
                prototype project.
          (5) Competitive procedure.--
                  (A) In general.--To the maximum extent 
                practicable, the Administrator shall use 
                competitive procedures with respect to entering 
                into a transaction to carry out a prototype 
                project.
                  (B) Exception.--Notwithstanding section 2304 
                of title 10, United States Code, a follow-on 
                production contract may be awarded to the 
                participants in the prototype transaction 
                without the use of competitive procedures, if--
                          (i) competitive procedures were used 
                        for the selection of parties for 
                        participation in the prototype 
                        transaction; and
                          (ii) the participants in the 
                        transaction successfully completed the 
                        prototype project provided for in the 
                        transaction.
          (6) Cost share.--A transaction to carry out a 
        prototype project and a follow-on production contract 
        may require that part of the total cost of the 
        transaction or contract be paid by the participant or 
        contractor from a source other than the Federal 
        Government.
          (7) Procurement ethics.--A transaction under this 
        authority shall be considered an agency procurement for 
        purposes of chapter 21 of title 41, United States Code, 
        with regard to procurement ethics.

           *       *       *       *       *       *       *


           Subchapter III--General Administrative Provisions

Sec. 20131. Public access to information

  (a) Public Inspection.--Information obtained or developed by 
the Administrator in the performance of the Administrator's 
functions under this chapter shall be made available for public 
inspection, except information-
          (1) authorized or required by Federal statute to be 
        withheld;
          (2) classified to protect the national security; or
          (3) described in [subsection (b)] subsection (b) or 
        (c).
  (b) Special Handling of Trade Secret or Confidential 
Information.--
          (1) In general.--The Administrator, for a period of 
        up to 5 years after the development of information 
        described in paragraph (2), may provide appropriate 
        protections against the dissemination of such 
        information, including exemption from subchapter II of 
        chapter 5 of title 5.
          [(2) Information described.--Information referred to 
        in paragraph (1) is information that results from 
        activities conducted under an agreement entered into 
        under subsections (e) and (f) of section 20113 of this 
        title, and that would be a trade secret or commercial 
        or financial information that is privileged or 
        confidential under the meaning of section 552(b)(4) of 
        title 5 if the information had been obtained from a 
        non-Federal party participating in such an agreement.]
          (2) Information described.--
                  (A) Activities under agreement.--Information 
                referred to in paragraph (1) is information 
                that--
                          (i) results from activities conducted 
                        under an agreement entered into under 
                        subsections (e) and (f) of section 
                        20113; and
                          (ii) would be a trade secret or 
                        commercial or financial information 
                        that is privileged or confidential 
                        within the meaning of section 552(b)(4) 
                        of title 5 if the information had been 
                        obtained from a non-Federal party 
                        participating in such an agreement.
                  (B) Certain data.--Information referred to in 
                paragraph (1) includes data (as defined in 
                section 20151) that--
                          (i) was first produced by the 
                        Administration in the performance of 
                        any designated activity (as defined in 
                        section 20150); and
                          (ii) would be a trade secret or 
                        commercial or financial information 
                        that is privileged or confidential 
                        within the meaning of section 552(b)(4) 
                        of title 5 if the data had been 
                        obtained from a non-Federal party.
  (c) Special Handling of Certain Technical Data.--
          (1) In general.--The Administrator may provide 
        appropriate protections against the public 
        dissemination of certain technical data, including 
        exemption from subchapter II of chapter 5 of title 5.
          (2) Definitions.--In this subsection:
                  (A) Certain technical data.--The term 
                ``certain technical data'' means technical data 
                that may not be exported lawfully outside the 
                United States without approval, authorization, 
                or license under--
                          (i) the Export Control Reform Act of 
                        2018 (Public Law 115-232; 132 Stat. 
                        2208); or
                          (ii) the International Security 
                        Assistance and Arms Export Control Act 
                        of 1976 (Public Law 94-329; 90 Stat. 
                        729).
                  (B) Technical data.--The term ``technical 
                data'' means any blueprint, drawing, 
                photograph, plan, instruction, computer 
                software, or documentation, or any other 
                technical information.
  [(c)](d) Committees of Congress.--Nothing in this chapter 
authorizes the withholding of information, including any data, 
by the Administrator from the duly authorized committees of 
Congress.
  (e) Exclusion From FOIA.--This section shall be considered a 
statute described in subsection (b)(3)(B) of section 552 of 
title 5 (commonly referred to as the ``Freedom of Information 
Act'').

Sec. 20132. * * *

Sec. 20133. Permission to carry firearms

  As the Administrator deems necessary in the public interest, 
the Administrator may--
          (1) direct officers and employees of the 
        Administration to carry firearms while in the conduct 
        of their official duties; and
          (2) authorize employees of contractors and 
        subcontractors of the Administration who are engaged in 
        the protection of [property owned by the United States, 
        and located at facilities owned by or contracted to the 
        United States,] Administration personnel or of property 
        owned or leased by, or under the control of, the United 
        States to carry firearms while in the conduct of their 
        official duties.

Sec. 20134. Arrest authority

  Under regulations prescribed by the Administrator and 
approved by the Attorney General, employees of the 
Administration and of its contractors and subcontractors 
authorized to carry firearms under section 20133 of this title 
may arrest without warrant for any offense against the United 
States committed in their presence, or for any felony 
cognizable under the laws of the United States if they have 
reasonable grounds to believe that the person to be arrested 
has committed or is committing such felony. Persons granted 
authority to make arrests by this section may exercise that 
authority only while guarding and protecting Administration 
personnel or any property owned or leased by, or under the 
control of, the United States under the administration and 
control of the Administration or one of its contractors or 
subcontractors[, at facilities owned by or contracted to the 
Administration].

           *       *       *       *       *       *       *


Sec. 20145. Lease of non-excess property

  (a) * * *
  (b) Cash Consideration.--
          (1) Fair market value.--(A) A person or entity 
        entering into a lease under this section shall provide 
        cash consideration for the lease at fair market value 
        as determined by the Administrator.
          (B) Notwithstanding subparagraph (A), the 
        Administrator may accept in-kind consideration for 
        leases [entered into for the purpose of developing 
        renewable energy production facilities].
          (2) * * *
  (c) * * *
  (d) * * *
  (e) * * *
  (f) * * *
  [(g) Sunset.--The authority to enter into leases under this 
section shall expire December 31, 2021. The expiration under 
this subsection of authority to enter into leases under this 
section shall not affect the validity or term of leases or the 
Administration's retention of proceeds from leases entered into 
under this section before the expiration of the authority.]

           *       *       *       *       *       *       *


Sec. 20150. Property rights in designated inventions

  (a) Exclusive Property Rights.--Notwithstanding section 3710a 
of title 15, chapter 18 of title 35, section 20135, or any 
other provision of law, a designated invention shall be the 
exclusive property of a user, and shall not be subject to a 
Government-purpose license, if--
          (1) the Administration is reimbursed under the terms 
        of the contract for the full cost of a contribution by 
        the Federal Government of the use of Federal 
        facilities, equipment, materials, proprietary 
        information of the Federal Government, or services of a 
        Federal employee during working hours, including the 
        cost for the Administration to carry out its 
        responsibilities under paragraphs (1) and (4) of 
        section 504(d) of the National Aeronautics and Space 
        Administration Authorization Act of 2010 (42 U.S.C. 
        18354(d));
          (2) Federal funds are not transferred to the user 
        under the contract; and
          (3) the invention was made (as defined in section 
        20135(a))--
                  (A) solely by the user; or
                  (B)(i) by the user with the services of a 
                Federal employee under the terms of the 
                contract; and
                  (ii) the Administration is reimbursed for 
                such services under paragraph (1).
  (b) Rule of Construction.--Nothing in this section may be 
construed to affect the rights of the Federal Government, 
including property rights in inventions, under any contract, 
except in the case of a written contract with the 
Administration or the ISS management entity for the performance 
of a designated activity.
  (c) Definitions.--In this section--
          (1) Contract.--The term ``contract'' has the meaning 
        giving the term in section 20135(a).
          (2) Designated activity.--The term ``designated 
        activity'' means any non-NASA scientific use of the ISS 
        national laboratory as described in section 504 of the 
        National Aeronautics and Space Administration 
        Authorization Act of 2010 (42 U.S.C. 18354).
          (3) Designated invention.--The term ``designated 
        invention'' means any invention conceived or first 
        reduced to practice by any person in the performance of 
        a designated activity under a written contract with the 
        Administration or the ISS management entity.
          (4) Government-purpose license.--The term 
        ``Government-purpose license'' means the reservation by 
        the Federal Government of an irrevocable, nonexclusive, 
        nontransferable, royalty-free license for the use of an 
        invention throughout the world by or on behalf of the 
        United States or any foreign government pursuant to a 
        treaty or agreement with the United States.
          (5) ISS management entity.--The term ``ISS management 
        entity'' means the organization with which the 
        Administrator enters into a cooperative agreement under 
        section 504(a) of the National Aeronautics and Space 
        Administration Authorization Act of 2010 (42 U.S.C. 
        18354(a)).
          (6) User.--The term ``user'' means a person, 
        including a nonprofit organization or small business 
        firm (as such terms are defined in section 201 of title 
        35), or class of persons that enters into a written 
        contract with the Administration or the ISS management 
        entity for the performance of designated activities.

Sec. 20151. Data rights

  (a) Non-NASA Scientific Use of the ISS National Laboratory.--
The Federal Government may not use or reproduce, or disclose 
outside of the Government, any data first produced in the 
performance of a designated activity under a written contract 
with the Administration or the ISS management entity, unless--
          (1) otherwise agreed under the terms of the contract 
        with the Administration or the ISS management entity, 
        as applicable;
          (2) the designated activity is carried out with 
        Federal funds;
          (3) disclosure is required by law;
          (4) the Federal Government has rights in the data 
        under another Federal contract, grant, cooperative 
        agreement, or other transaction; or
          (5) the data is--
                  (A) otherwise lawfully acquired or 
                independently developed by the Federal 
                Government;
                  (B) related to the health and safety of 
                personnel on the ISS; or
                  (C) essential to the performance of work by 
                the ISS management entity or NASA personnel.
  (b) Definitions.--In this section:
          (1) Contract.--The term ``contract'' has the meaning 
        given the term under section 20135(a).
          (2) Data.--
                  (A) In general.--The term ``data'' means 
                recorded information, regardless of form or the 
                media on which it may be recorded.
                  (B) Inclusions.--The term ``data'' includes 
                technical data and computer software.
                  (C) Exclusions.--The term ``data'' does not 
                include information incidental to contract 
                administration, such as financial, 
                administrative, cost or pricing, or management 
                information.
          (3) Designated activity.--The term ``designated 
        activity'' has the meaning given the term in section 
        20150.
          (4) ISS management entity.--The term ``ISS management 
        entity'' has the meaning given the term in section 
        20150.

Sec. 20152. Royalties and other payments received for designated 
                    activities

  (a) Designated Inventions Made With Federal Assistance.--
Notwithstanding any other provision of law, if the 
Administration, under the terms of a written contract for the 
performance of a designated activity, agrees to provide, 
unreimbursed, the total cost of a contribution by the Federal 
Government of the use of Federal facilities, equipment, 
materials, proprietary information of the Federal Government, 
or services of a Federal employee during working hours, 
including the cost for the Administration to carry out its 
responsibilities under paragraphs (1) and (4) of section 504(d) 
of the National Aeronautics and Space Administration 
Authorization Act of 2010 (42 U.S.C. 18354(d)), the 
Administrator shall negotiate an agreement on the terms and 
rates of royalty payments with respect to an invention or class 
of inventions conceived or first reduced to practice by any 
person or class of persons in the performance of such 
designated activities.
  (b) Licensing and Assignment of Inventions.--Notwithstanding 
sections 3710a and 3710c of title 15 and any other provision of 
law, after payment in accordance with subsection (A)(i) of such 
section 3710c(a)(1)(A)(i) to the inventors who have directly 
assigned to the Federal Government their interests in an 
invention under a written contract with the Administration or 
the ISS management entity for the performance of a designated 
activity, the balance of any royalty or other payment received 
by the Administrator or the ISS management entity from 
licensing and assignment of such invention shall be paid by the 
Administrator or the ISS management entity, as applicable, to 
the Space Exploration Fund.
  (c) Space Exploration Fund.--
          (1) Establishment.--There is established in the 
        Treasury of the United States a fund, to be known as 
        the `Space Exploration Fund' (referred to in this 
        subsection as the `Fund'), to be administered by the 
        Administrator.
          (2) Use of fund.--The Fund shall be available without 
        fiscal year limitation and without further 
        appropriation to carry out space exploration activities 
        under section 20302.
          (3) Deposits.--There shall be deposited in the Fund--
                  (A) amounts appropriated to the Fund;
                  (B) fees and royalties collected by the 
                Administrator or the ISS management entity 
                under subsections (a) and (b); and
                  (C) donations or contributions designated to 
                support authorized activities.
          (4) Rule of construction.--Amounts available to the 
        Administrator under this subsection shall be in 
        addition to amounts otherwise made available for the 
        purpose described in paragraph (2).
  (d) Definitions.--The terms used in this section have the 
meanings given the terms in section 20150.

           *       *       *       *       *       *       *


CHAPTER 203--RESPONSIBILITIES AND VISION

           *       *       *       *       *       *       *


Sec. 20301. General responsibilities

  (a) * * *
  (b) * * *
  (c) Cybersecurity.--The Administrator shall update and 
improve the cybersecurity of NASA space assets and supporting 
infrastructure.

           *       *       *       *       *       *       *


Sec. 20305. National Academies decadal surveys

  (a) In General.--The Administrator shall enter into 
agreements on a periodic basis with the National Academies for 
independent assessments, also known as decadal surveys, to take 
stock of the status and opportunities for Earth and space 
science discipline fields and Aeronautics research and to 
recommend priorities for research and programmatic areas over 
the next decade.
  (b) Independent Cost Estimates.--The agreements described in 
subsection (a) shall include independent estimates of the life 
cycle costs and technical readiness of missions assessed in the 
decadal surveys whenever possible.
  (c) Reexamination.--[The Administrator shall]
          (1) Reexamination of priorities by national 
        academies.--The Administrator shall request that each 
        National Academies decadal survey committee identify 
        any conditions or events, such as significant cost 
        growth or scientific or technological advances, that 
        would warrant the Administration asking the National 
        Academies to reexamine the priorities that the decadal 
        survey had established.
          (2) Reexamination of priorities by administrator.--If 
        the Administrator decides to reexamine the 
        applicability of the priorities of the decadal surveys 
        to the missions and activities of the Administration 
        due to scientific discoveries or external factors, the 
        Administrator shall consult with the relevant 
        committees of the National Academies.

           *       *       *       *       *       *       *


Subtitle III--Administrative Provisions

           *       *       *       *       *       *       *


                        CHAPTER 313--HEALTHCARE

Sec.
31301.  Healthcare program.
31302.  Astronaut healthcare survey.
31303.  Confidentiality of medical quality assurance records.

Sec. 31301. Healthcare program

  The Administrator shall develop a plan to better understand 
the longitudinal health effects of space flight on humans. In 
the development of the plan, the Administrator shall consider 
the need for the establishment of a lifetime healthcare program 
for Administration astronauts and their families or other 
methods to obtain needed health data from astronauts and 
retired astronauts.

Sec. 31302. Astronaut healthcare survey

  (a) Survey.--The Administrator shall administer an anonymous 
survey of astronauts and flight surgeons to evaluate 
communication, relationships, and the effectiveness of 
policies. The survey questions and the analysis of results 
shall be evaluated by experts independent of the 
Administration. The survey shall be administered on at least a 
biennial basis.
  (b) Report.--The Administrator shall transmit a report of the 
results of the survey to Congress not later than 90 days 
following completion of the survey.

Sec. 31303. Confidentiality of medical quality assurance records

  (a) In General.--Except as provided in subsection (b)(1)--
          (1) a medical quality assurance record, or any part 
        of a medical quality assurance record, may not be 
        subject to discovery or admitted into evidence in a 
        judicial or administrative proceeding; and
          (2) an individual who reviews or creates a medical 
        quality assurance record for the Administration, or 
        participates in any proceeding that reviews or creates 
        a medical quality assurance record, may not testify in 
        a judicial or administrative proceeding with respect 
        to--
                  (A) the medical quality assurance record; or
                  (B) any finding, recommendation, evaluation, 
                opinion, or action taken by such individual or 
                in accordance with such proceeding with respect 
                to the medical quality assurance record.
  (b) Disclosure of Records.--
          (1) In general.--Notwithstanding subsection (a), a 
        medical quality assurance record may be disclosed to--
                  (A) a Federal agency or private entity, if 
                the medical quality assurance record is 
                necessary for the Federal agency or private 
                entity to carry out--
                          (i) licensing or accreditation 
                        functions relating to Administration 
                        healthcare facilities; or
                          (ii) monitoring of Administration 
                        healthcare facilities required by law;
                  (B) a Federal agency or healthcare provider, 
                if the medical quality assurance record is 
                required by the Federal agency or healthcare 
                provider to enable Administration participation 
                in a healthcare program of the Federal agency 
                or healthcare provider;
                  (C) a criminal or civil law enforcement 
                agency, or an instrumentality authorized by law 
                to protect the public health or safety, on 
                written request by a qualified representative 
                of such agency or instrumentality submitted to 
                the Administrator that includes a description 
                of the lawful purpose for which the medical 
                quality assurance record is requested;
                  (D) an officer, an employee, or a contractor 
                of the Administration who requires the medical 
                quality assurance record to carry out an 
                official duty associated with healthcare;
                  (E) healthcare personnel, to the extent 
                necessary to address a medical emergency 
                affecting the health or safety of an 
                individual; and
                  (F) any committee, panel, or board convened 
                by the Administration to review the healthcare-
                related policies and practices of the 
                Administration.
          (2) Subsequent disclosure prohibited.--An individual 
        or entity to whom a medical quality assurance record 
        has been disclosed under paragraph (1) may not make a 
        subsequent disclosure of the medical quality assurance 
        record.
  (c) Personally Identifiable Information.--
          (1) In general.--Except as provided in paragraph (2), 
        the personally identifiable information contained in a 
        medical quality assurance record of a patient or an 
        employee of the Administration, or any other individual 
        associated with the Administration for purposes of a 
        medical quality assurance program, shall be removed 
        before the disclosure of the medical quality assurance 
        record to an entity other than the Administration.
          (2) Exception.--Personally identifiable information 
        described in paragraph (1) may be released to an entity 
        other than the Administration if the Administrator 
        makes a determination that the release of such 
        personally identifiable information--
                  (A) is in the best interests of the 
                Administration; and
                  (B) does not constitute an unwarranted 
                invasion of personal privacy.
  (d) Exclusion From FOIA.--A medical quality assurance record 
may not be made available to any person under section 552 of 
title 5, United States Code (commonly referred to as the 
``Freedom of Information Act''), and this section shall be 
considered a statute described in subsection (b)(3)(B) of such 
section 522.
  (e) Regulations.--Not later than one year after the date of 
the enactment of this section, the Administrator shall 
promulgate regulations to implement this section.
  (f) Rules of Construction.--Nothing in this section shall be 
construed--
          (1) to withhold a medical quality assurance record 
        from a committee of the Senate or House of 
        Representatives or a joint committee of Congress if the 
        medical quality assurance record relates to a matter 
        within the jurisdiction of such committee or joint 
        committee; or
          (2) to limit the use of a medical quality assurance 
        record within the Administration, including the use by 
        a contractor or consultant of the Administration.
  (g) Definitions.--In this section:
          (1) Medical quality assurance record.--The term 
        ``medical quality assurance record'' means any 
        proceeding, discussion, record, finding, 
        recommendation, evaluation, opinion, minutes, report, 
        or other document or action that results from a quality 
        assurance committee, quality assurance program, or 
        quality assurance program activity.
          (2) Quality assurance program.--
                  (A) In general.--The term ``quality assurance 
                program'' means a comprehensive program of the 
                Administration--
                          (i) to systematically review and 
                        improve the quality of medical and 
                        behavioral health services provided by 
                        the Administration to ensure the safety 
                        and security of individuals receiving 
                        such health services; and
                          (ii) to evaluate and improve the 
                        efficiency, effectiveness, and use of 
                        staff and resources in the delivery of 
                        such health services.
                  (B) Inclusion.--The term ``quality assurance 
                program'' includes any activity carried out by 
                or for the Administration to assess the quality 
                of medical care provided by the Administration.

           *       *       *       *       *       *       *


Subtitle IV--Aeronautics and Space Research and Education

           *       *       *       *       *       *       *


CHAPTER 401--AERONAUTICS

           *       *       *       *       *       *       *


   Subchapter II--High Priority Aeronautics Research and Development 
Programs

           *       *       *       *       *       *       *


Sec. 40112. Research and technology programs

  (a) Supersonic Transport Research and Development.--The 
Administrator may establish an initiative with the objective of 
developing and demonstrating, in a relevant environment, 
airframe and propulsion technologies to enable efficient, 
economical overland flight of supersonic civil transport 
aircraft with no significant impact on the environment.
  (b) Technologies for Noise and Emissions Reduction.--
          (1) Initiative required.--The Administrator shall 
        establish an initiative to build upon and accelerate 
        previous or ongoing work to develop and demonstrate new 
        technologies, including systems architecture, 
        components, or integration of systems and airframe 
        structures, in electric aircraft propulsion concepts 
        that are capable of substantially reducing both 
        emissions and noise from aircraft.
          (2) Approach.--In carrying out the initiative, the 
        Administrator shall do the following:
                  (A) Continue and expand work of the 
                Administration on research, development, and 
                demonstration of electric aircraft concepts, 
                and the integration of such concepts.
                  (B) To the extent practicable, work with 
                multiple partners, including small businesses 
                and new entrants, on research and development 
                activities related to transport category 
                aircraft.
                  (C) Provide guidance to the Federal Aviation 
                Administration on technologies developed and 
                tested pursuant to the initiative.
  [(b)](c) Rotorcraft and Other Runway-Independent Air 
Vehicles.--The Administrator may establish a rotorcraft and 
other runway-independent air vehicles initiative with the 
objective of developing and demonstrating improved safety, 
noise, and environmental impact in a relevant environment.
  [(c)](d) Hypersonics Research.--The Administrator may 
establish a hypersonics research program with the objective of 
exploring the science and technology of hypersonic flight using 
air-breathing propulsion concepts, through a mix of theoretical 
work, basic and applied research, and development of flight 
research demonstration vehicles. The program may also include 
the transition to the hypersonic range of Mach 3 to Mach 5.
  [(d)](e) Revolutionary Aeronautical Concepts.--The 
Administrator may establish a research program which covers a 
unique range of subsonic, fixed wing vehicles and propulsion 
concepts. This research is intended to push technology barriers 
beyond current subsonic technology. Propulsion concepts include 
advanced materials, morphing engines, hybrid engines, and fuel 
cells.
  [(e)](f) Fuel Cell-Powered Aircraft Research.--
          (1) Objective.--The Administrator may establish a 
        fuel cell-powered aircraft research program whose 
        objective shall be to develop and test concepts to 
        enable a hydrogen fuel cell-powered aircraft that would 
        have no hydrocarbon or nitrogen oxide emissions into 
        the environment.
          (2) Approach.--The Administrator may establish a 
        program of competitively awarded grants available to 
        teams of researchers that may include the participation 
        of individuals from universities, industry, and 
        government for the conduct of this research.
  [(f)](g) Mars Aircraft Research.--
          (1) Objective.--The Administrator may establish a 
        Mars Aircraft project whose objective shall be to 
        develop and test concepts for an uncrewed aircraft that 
        could operate for sustained periods in the atmosphere 
        of Mars.
          (2) Approach.--The Administrator may establish a 
        program of competitively awarded grants available to 
        teams of researchers that may include the participation 
        of individuals from universities, industry, and 
        government for the conduct of this research.

           *       *       *       *       *       *       *


    CHAPTER 403--NATIONAL SPACE GRANT COLLEGE AND FELLOWSHIP PROGRAM

Sec.
40301.  Purposes.
40302.  Definitions.
40303.  National space grant college and fellowship program.
[40304.  Grants or contracts.
[40305.  Specific national needs.]
40304.  Grants.
40305.  Availability of other Federal personnel and data.
[40306.  Space grant college and space grant regional consortium.
[40307.  Space grant fellowship program.
[40308.  Space grant review panel.
[40309.  Availability of other Federal personnel and data.
[40310.  Designation or award to be on competitive basis.
[40311.  Continuing emphasis.]

Sec. 40301. Purposes

  The purposes of this chapter are to--
          (1) * * *
          (2) * * *
          (3) encourage and support, within the university 
        community of the Nation, the existence of 
        interdisciplinary and multidisciplinary programs of 
        space research that--
                  (A) engage in integrated activities of 
                training, research, and public service;
                  (B) have cooperative programs with industry; 
                [and]
                  (C) are coordinated with the overall program 
                of the Administration; and
                  (D) promote equally the State and regional 
                STEM interests of each space grant consortium;
          (4) encourage and support the existence of consortia, 
        [made up of university and industry members, in order 
        to advance] comprised of members of universities in 
        each State and other entities, such as 2-year colleges, 
        industries, science learning centers, museums, and 
        government entities, to advance the exploration and 
        development of space resources in cases in which 
        national objectives can be better fulfilled through 
        such consortia than through the programs of single 
        universities;
          (5) encourage and support Federal funding for 
        graduate fellowships in fields related to space; and
          (6) support activities in colleges and universities 
        generally for the purpose of creating and operating a 
        network of institutional programs that will enhance 
        achievements resulting from efforts under this chapter.

Sec. 40302. Definitions

  In this chapter:
          (1) * * *
          (2) * * *
          [(3) Panel.--The term ``panel'' means the space grant 
        review panel established pursuant to section 40308 of 
        this title.]
          (3) Lead institution.--The term ``lead institution'' 
        means an entity in a State that--
                  (A) was designated by the Administrator under 
                section 40306, as in effect on the day before 
                the date of the enactment of the National 
                Aeronautics and Space Administration 
                Authorization Act of 2019; or
                  (B) is designated by the Administrator under 
                section 40303(d)(3).
          (4) Person.--The term ``person'' means any 
        individual, any public or private corporation, 
        partnership, or other association or entity (including 
        any [space grant college, space grant regional 
        consortium, institution of higher education,] lead 
        institution, space grant consortium, institute, or 
        laboratory), or any State, political subdivision of a 
        State, or agency or officer of a State or political 
        subdivision of a State.
          (5) * * *
          (6) Space grant consortium.--The term ``space grant 
        consortium'' means a State-wide group, led by a lead 
        institution, that has established partnerships with 
        other academic institutions, industries, science 
        learning centers, museums, and government entities to 
        promote a strong educational base in the space and 
        aeronautical sciences.
          [(6) Space grant college.--The term ``space grant 
        college'' means any public or private institution of 
        higher education which is designated as such by the 
        Administrator pursuant to section 40306 of this title.
          [(7) Space grant program.--The term ``space grant 
        program'' means any program that--
                  [(A) is administered by any space grant 
                college, space grant regional consortium, 
                institution of higher education, institute, 
                laboratory, or State or local agency; and
                  [(B) includes 2 or more projects involving 
                education and one or more of the following 
                activities in the fields related to space:
                          [(i) Research.
                          [(ii) Training.
                          [(iii) Advisory services.
          [(8) Space grant regional consortium.--The term 
        ``space grant regional consortium'' means any 
        association or other alliance that is designated as a 
        space grant regional consortium by the Administrator 
        pursuant to section 40306 of this title.]
          [(9)](7) Space resource.--The term ``space resource'' 
        means any tangible or intangible benefit which can be 
        realized only from--
                  (A) aeronautical and space activities; or
                  (B) advancements in any field related to 
                space and aeronautics.
          [(10) State.--The term ``State'' means any State of 
        the United States, the District of Columbia, the 
        Commonwealth of Puerto Rico, the Virgin Islands, Guam, 
        American Samoa, the Commonwealth of the Northern 
        Mariana Islands, or any other territory or possession 
        of the United States.]
          (8) STEM.--The term ``STEM'' means science, 
        technology, engineering, and mathematics.

Sec. 40303. National space grant college and fellowship program

  (a) Establishment.--The Administrator shall establish and 
maintain, within the Administration, a program to be known as 
the national space grant college and fellowship program. The 
national space grant college and fellowship program shall 
consist of the financial assistance and other activities 
provided for in this chapter. The Administrator shall establish 
long-range planning guidelines and priorities, and adequately 
evaluate the program.
  [(b) Functions.--Within the Administration, the program 
shall--
          [(1) apply the long-range planning guidelines and the 
        priorities established by the Administrator under 
        subsection (a);
          [(2) advise the Administrator with respect to the 
        expertise and capabilities which are available through 
        the national space grant college and fellowship 
        program, and make such expertise available to the 
        Administration as directed by the Administrator;
          [(3) evaluate activities conducted under grants and 
        contracts awarded pursuant to sections 40304 and 40305 
        of this title to ensure that the purposes set forth in 
        section 40301 of this title are implemented;
          [(4) encourage other Federal departments, agencies, 
        and instrumentalities to use and take advantage of the 
        expertise and capabilities which are available through 
        the national space grant college and fellowship 
        program, on a cooperative or other basis;
          [(5) encourage cooperation and coordination with 
        other Federal programs concerned with the development 
        of space resources and fields related to space;
          [(6) advise the Administrator on the designation of 
        recipients supported by the national space grant 
        college and fellowship program and, in appropriate 
        cases, on the termination or suspension of any such 
        designation; and
          [(7) encourage the formation and growth of space 
        grant and fellowship programs.]
  (b) Program Objective.--
          (1) In general.--The Administrator shall carry out 
        the national space grant college and fellowship program 
        with the objective of providing hands-on research, 
        training, and education programs with measurable 
        outcomes in each State, including programs to provide--
                  (A) internships, fellowships, and 
                scholarships;
                  (B) interdisciplinary hands-on mission 
                programs and design projects;
                  (C) student internships with industry or 
                university researchers or at centers of the 
                Administration;
                  (D) faculty and curriculum development 
                initiatives;
                  (E) university-based research initiatives 
                relating to the Administration and the STEM 
                workforce needs of each State; or
                  (F) STEM engagement programs for kindergarten 
                through grade 12 teachers and students.
          (2) Program priorities.--In carrying out the 
        objective described in paragraph (1), the Administrator 
        shall ensure that each program carried out by a space 
        grant consortium under the national space grant college 
        and fellowship program balances the following 
        priorities:
                  (A) The space and aeronautics research needs 
                of the Administration, including the mission 
                directorates.
                  (B) The need to develop a national STEM 
                workforce.
                  (C) The STEM workforce needs of the State.
  (c) Program Administered Through Space Grant Consortia.--The 
Administrator shall carry out the national space grant college 
and fellowship program through the space grant consortia.
  (d) Suspension; Termination; New Competition.--
          (1) Suspension.--The Administrator may, for cause and 
        after an opportunity for hearing, suspend a lead 
        institution that was designated by the Administrator 
        under section 40306, as in effect on the day before the 
        date of the enactment of the National Aeronautics and 
        Space Administration Authorization Act of 2019.
          (2) Termination.--If the issue resulting in a 
        suspension under paragraph (1) is not resolved within a 
        period determined by the Administrator, the 
        Administrator may terminate the designation of the 
        entity as a lead institution.
          (3) New competition.--If the Administrator terminates 
        the designation of an entity as a lead institution, the 
        Administrator may initiate a new competition in the 
        applicable State for the designation of a lead 
        institution.
  [(c)](e) General Authorities.--To carry out the provisions of 
this chapter, the Administrator may--
          (1) accept conditional or unconditional gifts or 
        donations of services, money, or property, real, 
        personal or mixed, tangible or intangible;
          (2) accept and use funds from other Federal 
        departments, agencies, and instrumentalities to pay for 
        fellowships, grants, contracts, and other transactions; 
        and
          (3) issue such rules and regulations as may be 
        necessary and appropriate.
  [(d) Program Administration Costs.--In carrying out the 
provisions of this chapter, the Administrator--
          [(1) shall maximize appropriated funds for grants and 
        contracts made under section 40304 in each fiscal year; 
        and
          [(2) in each fiscal year, the Administrator shall 
        limit its program administration costs to no more than 
        5 percent of funds appropriated for this program for 
        that fiscal year.
  [(e) Reports.--For any fiscal year in which the Administrator 
cannot meet the administration cost target under subsection 
(d)(2), if the Administration is unable to limit program costs 
under subsection (b), the Administrator shall submit to the 
appropriate committees of Congress a report, including--
          [(1) a description of why the Administrator did not 
        meet the cost target under subsection (d); and
          [(2) the measures the Administrator will take in the 
        next fiscal year to meet the cost target under 
        subsection (d) without drawing upon other Federal 
        funding.]

Sec. [40304. Grants or contracts

  [(a) Authority of Administrator.--The Administrator may make 
grants and enter into contracts or other transactions under 
this subsection to assist any space grant and fellowship 
program or project if the Administrator finds that the program 
or project will carry out the purposes set forth in section 
40301 of this title. The total amount paid pursuant to a grant 
or contract may equal not more than 66 percent of the total 
cost of the space grant and fellowship program or project 
involved, except in the case of grants or contracts paid for 
with funds accepted by the Administrator pursuant to section 
40303(c)(2) of this title.
  [(b) Special Grants.--The Administrator may make special 
grants under this subsection to carry out the purposes set 
forth in section 40301 of this title. The amount of a special 
grant may equal up to 100 percent of the total cost of the 
project involved. A special grant may be made under this 
subsection only if the Administrator finds that-
          [(1) no reasonable means is available through which 
        the applicant can meet the matching requirement for a 
        grant under subsection (a);
          [(2) the probable benefit of the project outweighs 
        the public interest in the matching requirement; and
          [(3) the same or equivalent benefit cannot be 
        obtained through the award of a contract or grant under 
        subsection (a) or section 40305 of this title.
  [(c) Application.--Any person may apply to the Administrator 
for a grant or contract under this section. Application shall 
be made in such form and manner, and with such content and 
other submissions, as the Administrator shall by regulation 
prescribe.
  [(d) Terms and Conditions.--
          [(1) In general.--Any grant made, or contract entered 
        into, under this section shall be subject to the 
        limitations and provisions set forth in paragraphs (2) 
        and (3) and to such other terms, conditions, and 
        requirements as the Administrator considers necessary 
        or appropriate.
          [(2) Limitations.--No payment under any grant or 
        contract under this section may be applied to--
                  [(A) the purchase of any land;
                  [(B) the purchase, construction, 
                preservation, or repair of any building; or
                  [(C) the purchase or construction of any 
                launch facility or launch vehicle.
          [(3) Leases.--Notwithstanding paragraph (2), the 
        items in subparagraphs (A), (B), and (C) of such 
        paragraph may be leased upon written approval of the 
        Administrator.
          [(4) Records.--Any person that receives or utilizes 
        any proceeds of any grant or contract under this 
        section shall keep such records as the Administrator 
        shall by regulation prescribe as being necessary and 
        appropriate to facilitate effective audit and 
        evaluation, including records which fully disclose the 
        amount and disposition by such recipient of such 
        proceeds, the total cost of the program or project in 
        connection with which such proceeds were used, and the 
        amount, if any, of such cost which was provided through 
        other sources. Such records shall be maintained for 3 
        years after the completion of such a program or 
        project. The Administrator and the Comptroller General 
        of the United States, or any of their duly authorized 
        representatives, shall have access, for the purpose of 
        audit and evaluation, to any books, documents, papers, 
        and records of receipts which, in the opinion of the 
        Administrator or the Comptroller General, may be 
        related or pertinent to such grants and contracts.]

Sec. 40304. Grants

  (a) Eligible Space Grant Consortium Defined.--In this 
section, the term ``eligible space grant consortium'' means a 
space grant consortium that the Administrator has determined--
          (1) has the capability and objective to carry out not 
        fewer than 3 of the 6 programs under section 
        40303(b)(1);
          (2) will carry out programs that balance the 
        priorities described in section 40303(b)(2); and
          (3) is engaged in research, training, and education 
        relating to space and aeronautics.
  (b) Grants.--
          (1) In general.--The Administrator shall award grants 
        to the lead institutions of eligible space grant 
        consortia to carry out the programs under section 
        40303(b)(1).
          (2) Request for proposals.--
                  (A) In general.--Not later than 180 days 
                after the date of the enactment of the National 
                Aeronautics and Space Administration 
                Authorization Act of 2019, the Administrator 
                shall issue a request for proposals from space 
                grant consortia for the award of grants under 
                this section.
                  (B) Applications.--A lead institution of a 
                space grant consortium that seeks a grant under 
                this section shall submit, on behalf of such 
                space grant consortium, an application to the 
                Administrator at such time, in such manner, and 
                accompanied by such information as the 
                Administrator may require.
          (3) Grant awards.--The Administrator shall award 1 or 
        more 5-year grants, disbursed in annual installments, 
        to the lead institution of the eligible space grant 
        consortium of--
                  (A) each State;
                  (B) the District of Columbia; and
                  (C) the Commonwealth of Puerto Rico.
          (4) Use of funds.--A grant awarded under this section 
        shall be used by an eligible space grant consortium to 
        carry out not fewer than 3 of the 6 programs under 
        section 40303(b)(1).
  (c) Allocation of Funding.--
          (1) Program implementation.--
                  (A) In general.--To carry out the objective 
                described in section 40303(b)(1), of the funds 
                made available each fiscal year for the 
                national space grant college and fellowship 
                program, the Administrator shall allocate not 
                less than 85 percent as follows:
                          (i) The 52 eligible space grant 
                        consortia shall each receive an equal 
                        share.
                          (ii) The territories of Guam and the 
                        United States Virgin Islands shall each 
                        receive funds equal to approximately 
                        \1/5\ of the share for each eligible 
                        space grant consortia.
                  (B) Matching requirement.--Each eligible 
                space grant consortium shall match the funds 
                allocated under subparagraph (A)(i) on a basis 
                of not less than 1 non-Federal dollar for every 
                1 Federal dollar, except that any program 
                funded under paragraph (3) or any program to 
                carry out 1 or more internships or fellowships 
                shall not be subject to that matching 
                requirement.
          (2) Program administration.--
                  (A) In general.--Of the funds made available 
                each fiscal year for the national space grant 
                college and fellowship program, the 
                Administrator shall allocate not more than 10 
                percent for the administration of the program.
                  (B) Costs covered.--The funds allocated under 
                subparagraph (A) shall cover all costs of the 
                Administration associated with the 
                administration of the national space grant 
                college and fellowship program, including--
                          (i) direct costs of the program, 
                        including costs relating to support 
                        services and civil service salaries and 
                        benefits;
                          (ii) indirect general and 
                        administrative costs of centers and 
                        facilities of the Administration; and
                          (iii) indirect general and 
                        administrative costs of the 
                        Administration headquarters.
          (3) Special programs.--Of the funds made available 
        each fiscal year for the national space grant college 
        and fellowship program, the Administrator shall 
        allocate not more than 5 percent to the lead 
        institutions of space grant consortia established as of 
        the date of the enactment of the National Aeronautics 
        and Space Administration Authorization Act of 2019 for 
        grants to carry out innovative approaches and programs 
        to further science and education relating to the 
        missions of the Administration and STEM disciplines.
  (d) Terms and Conditions.--
          (1) Limitations.--Amounts made available through a 
        grant under this section may not be applied to--
                  (A) the purchase of land;
                  (B) the purchase, construction, preservation, 
                or repair of a building; or
                  (C) the purchase or construction of a launch 
                facility or launch vehicle.
          (2) Leases.--Notwithstanding paragraph (1), land, 
        buildings, launch facilities, and launch vehicles may 
        be leased under a grant on written approval by the 
        Administrator.
          (3) Records.--
                  (A) In general.--Any person that receives or 
                uses the proceeds of a grant under this section 
                shall keep such records as the Administrator 
                shall by regulation prescribe as being 
                necessary and appropriate to facilitate 
                effective audit and evaluation, including 
                records that fully disclose the amount and 
                disposition by a recipient of such proceeds, 
                the total cost of the program or project in 
                connection with which such proceeds were used, 
                and the amount, if any, of such cost that was 
                provided through other sources.
                  (B) Maintenance of records.--Records under 
                subparagraph (A) shall be maintained for not 
                less than 3 years after the date of completion 
                of such a program or project.
                  (C) Access.--For the purpose of audit and 
                evaluation, the Administrator and the 
                Comptroller General of the United States shall 
                have access to any books, documents, papers, 
                and records of receipts relating to a grant 
                under this section, as determined by the 
                Administrator or Comptroller General.

[Sec. 40305. Specific national needs

  [(a) Identification of Specific Needs and Grant-Making and 
Contracting Authority.--The Administrator shall identify 
specific national needs and problems relating to space. The 
Administrator may make grants or enter into contracts under 
this section with respect to such needs or problems. The amount 
of any such grant or contract may equal up to 100 percent of 
the total cost of the project involved.
  [(b) Applications for Grants or Contracts.--Any person may 
apply to the Administrator for a grant or contract under this 
section. In addition, the Administrator may invite applications 
with respect to specific national needs or problems identified 
under subsection (a). Application shall be made in such form 
and manner, and with such content and other submissions, as the 
Administrator shall by regulation prescribe. Any grant made, or 
contract entered into, under this section shall be subject to 
the limitations and provisions set forth in paragraphs (2) and 
(4) of section 40304(d) of this title and to such other terms, 
conditions, and requirements as the Administrator considers 
necessary or appropriate.

[Sec. 40306. Space grant college and space grant regional consortium

  [(a) Designation and Qualifications.--
          [(1) Authority to designate.--The Administrator may 
        designate--
                  [(A) any institution of higher education as a 
                space grant college; and
                  [(B) any association or other alliance of 2 
                or more persons, other than individuals, as a 
                space grant regional consortium.
          [(2) Space grant college requirements.--No 
        institution of higher education may be designated as a 
        space grant college unless the Administrator finds that 
        such institution--
                  [(A) is maintaining a balanced program of 
                research, education, training, and advisory 
                services in fields related to space;
                  [(B) will act in accordance with such 
                guidelines as are prescribed under subsection 
                (b)(2); and
                  [(C) meets such other qualifications as the 
                Administrator considers necessary or 
                appropriate.
          [(3) Space grant regional consortium requirements.--
        No association or other alliance of 2 or more persons 
        may be designated as a space grant regional consortium 
        unless the Administrator finds that such association or 
        alliance--
                  [(A) is established for the purpose of 
                sharing expertise, research, educational 
                facilities or training facilities, and other 
                capabilities in order to facilitate research, 
                education, training, and advisory services in 
                any field related to space;
                  [(B) will encourage and follow a regional 
                approach to solving problems or meeting needs 
                relating to space, in cooperation with 
                appropriate space grant colleges, space grant 
                programs, and other persons in the region;
                  [(C) will act in accordance with such 
                guidelines as are prescribed under subsection 
                (b)(2); and
                  [(D) meets such other qualifications as the 
                Administrator considers necessary or 
                appropriate.
  [(b) Qualifications and Guidelines.--The Administrator shall 
by regulation prescribe--
          [(1) the qualifications required to be met under 
        paragraphs (2)(C) and (3)(D) of subsection (a); and
          [(2) guidelines relating to the activities and 
        responsibilities of space grant colleges and space 
        grant regional consortia.
  [(c) Suspension or Termination of Designation.--The 
Administrator may, for cause and after an opportunity for 
hearing, suspend or terminate any designation under subsection 
(a).

[Sec. 40307. Space grant fellowship program

  [(a) Award of Fellowships.--The Administrator shall support a 
space grant fellowship program to provide educational and 
training assistance to qualified individuals at the graduate 
level of education in fields related to space. Such fellowships 
shall be awarded pursuant to guidelines established by the 
Administrator. Space grant fellowships shall be awarded to 
individuals at space grant colleges, space grant regional 
consortia, other colleges and institutions of higher education, 
professional associations, and institutes in such a manner as 
to ensure wide geographic and institutional diversity in the 
pursuit of research under the fellowship program.
  [(b) Limitation on Amount Provided.--The total amount which 
may be provided for grants under the space grant fellowship 
program during any fiscal year shall not exceed an amount equal 
to 50 percent of the total funds appropriated for such year 
pursuant to this chapter.
  [(c) Authority To Sponsor Other Research Fellowship Programs 
Unaffected.--Nothing in this section shall be construed to 
prohibit the Administrator from sponsoring any research 
fellowship program, including any special emphasis program, 
which is established under an authority other than this 
chapter.

[Sec. 40308. Space grant review panel

  [(a) Establishment.--The Administrator shall establish an 
independent committee known as the space grant review panel, 
which shall not be subject to the provisions of the Federal 
Advisory Committee Act (5 App. U.S.C.).
  [(b) Duties.--The panel shall take such steps as may be 
necessary to review, and shall advise the Administrator with 
respect to--
          [(1) applications or proposals for, and performance 
        under, grants and contracts awarded pursuant to 
        sections 40304 and 40305 of this title;
          [(2) the space grant fellowship program;
          [(3) the designation and operation of space grant 
        colleges and space grant regional consortia, and the 
        operation of space grant and fellowship programs;
          [(4) the formulation and application of the planning 
        guidelines and priorities pursuant to subsections (a) 
        and (b)(1) of section 40303 of this title; and
          [(5) such other matters as the Administrator refers 
        to the panel for review and advice.
  [(c) Personnel and Administrative Services.--The 
Administrator shall make available to the panel any 
information, personnel, and administrative services and 
assistance which is reasonable to carry out the duties of the 
panel.
  [(d) Members.--
          [(1) Appointment.--The Administrator shall appoint 
        the voting members of the panel. A majority of the 
        voting members shall be individuals who, by reason of 
        knowledge, experience, or training, are especially 
        qualified in one or more of the disciplines and fields 
        related to space. The other voting members shall be 
        individuals who, by reason of knowledge, experience, or 
        training, are especially qualified in, or 
        representative of, education, extension services, State 
        government, industry, economics, planning, or any other 
        activity related to efforts to enhance the 
        understanding, assessment, development, or utilization 
        of space resources. The Administrator shall consider 
        the potential conflict of interest of any individual in 
        making appointments to the panel.
          [(2) Chairman and vice chairman.--The Administrator 
        shall select one voting member to serve as the Chairman 
        and another voting member to serve as the Vice 
        Chairman. The Vice Chairman shall act as Chairman in 
        the absence or incapacity of the Chairman.
          [(3) Reimbursement for expenses.--Voting members of 
        the panel who are not Federal employees shall be 
        reimbursed for actual and reasonable expenses incurred 
        in the performance of such duties.
          [(4) Meetings.--The panel shall meet on a biannual 
        basis and, at any other time, at the call of the 
        Chairman or upon the request of a majority of the 
        voting members or of the Administrator.
          [(5) Powers.--The panel may exercise such powers as 
        are reasonably necessary in order to carry out the 
        duties enumerated in subsection (b).]

[Sec. 40309.] Sec. 40305. Availability of other Federal personnel and 
                    data

  Each department, agency, or other instrumentality of the 
Federal Government that is engaged in or concerned with, or 
that has authority over, matters relating to space--
          (1) may, upon a written request from the 
        Administrator, make available, on a reimbursable basis 
        or otherwise, any personnel (with their consent and 
        without prejudice to their position and rating), 
        service, or facility which the Administrator considers 
        necessary to carry out any provision of this chapter;
          (2) may, upon a written request from the 
        Administrator, furnish any available data or other 
        information which the Administrator considers necessary 
        to carry out any provision of this chapter; and
          (3) may cooperate with the Administration.

Sec. [40310. Designation or award to be on competitive basis

  [The Administrator shall not under this chapter designate any 
space grant college or space grant regional consortium or award 
any fellowship, grant, or contract unless such designation or 
award is made in accordance with the competitive, merit-based 
review process employed by the Administration on October 30, 
1987.

[Sec. 40311. Continuing emphasis

  [The Administration shall continue its emphasis on the 
importance of education to expand opportunities for Americans 
to understand and participate in the Administration's 
aeronautics and space projects by supporting and enhancing 
science and engineering education, research, and public 
outreach efforts.]

           *       *       *       *       *       *       *


Subtitle V--Programs Targeting Commercial Opportunities

           *       *       *       *       *       *       *


CHAPTER 501--SPACE COMMERCE

           *       *       *       *       *       *       *


Subchapter II--Promotion of Commercial Space Opportunities

           *       *       *       *       *       *       *


Sec. 50111. Commercialization of Space Station

  (a) * * *
  (b) * * *
  (c) ISS Transition Plan.--
          (1) In general.--The Administrator, in coordination 
        with the ISS management entity (as defined in section 2 
        of the National Aeronautics and Space Administration 
        Transition Authorization Act of 2017), 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 
        could be one of many customers of a low-Earth orbit 
        non-governmental human space flight enterprise.
          (2) Reports.--Not later than December 1, 2017, and 
        biennially thereafter until [2023] 2028, the 
        Administrator shall submit to the Committee on 
        Commerce, Science, and Transportation of the Senate and 
        the Committee on Science, Space, and Technology of the 
        House of Representatives a report that includes--
                  (A) * * *

           *       *       *       *       *       *       *

                  (J) 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] 2030, as a unique 
                scientific, commercial, and space exploration-
                related facility, including--
                          (i) a general discussion of 
                        international partner capabilities and 
                        prospects for extending the 
                        partnership;
                          (ii) the cost associated with 
                        extending the service life;
                          (iii) an assessment on the technical 
                        limiting factors of the service life of 
                        the ISS, including a list of critical 
                        components and their expected service 
                        life and availability; and
                          (iv) 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, public, or to academic or 
                        commercial entities;

           *       *       *       *       *       *       *


Subtitle VII--Access to Space

           *       *       *       *       *       *       *


CHAPTER 705--EXPLORATION INITIATIVES

           *       *       *       *       *       *       *


[Sec. 70504. Stepping stone approach to exploration

  [(a) In General.--The Administration--
          [(1) may conduct missions to intermediate 
        destinations in sustainable steps in accordance with 
        section 20302(b) of this title, and on a timetable 
        determined by the availability of funding, in order to 
        achieve the objective of human exploration of Mars 
        specified in section 202(b)(5) of the National 
        Aeronautics and Space Administration Authorization Act 
        of 2010 (42 U.S.C. 18312(b)(5)); and
          [(2) shall incorporate any such missions into the 
        human exploration roadmap under section 432 of the 
        National Aeronautics and Space Administration 
        Transition Authorization Act of 2017.
  [(b) Cost-effectiveness.--In order to maximize the cost-
effectiveness of the long-term space exploration and 
utilization activities of the United States, the Administrator 
shall take all necessary steps, including engaging 
international, academic, and industry partners, to ensure that 
activities in the Administration's human space 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.
  [(c) 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.
  [(d) International Participation.--In order to achieve the 
goal of successfully conducting a crewed mission to the surface 
of Mars, the President may invite the United States partners in 
the ISS program and other nations, as appropriate, to 
participate in an international initiative under the leadership 
of the United States.]

Sec. 70504. Steppingstone approach to exploration

  (a) In General.--The Administrator, in sustainable steps, may 
conduct missions to intermediate destinations, such as the 
Moon, in accordance with section 20302(b), and on a timetable 
determined by the availability of funding, in order to achieve 
the objective of human exploration of Mars specified in section 
202(b)(5) of the National Aeronautics and Space Administration 
Authorization Act of 2010 (42 U.S.C. 18312(b)(5)), if the 
Administrator--
          (1) determines that each such mission demonstrates or 
        advances a technology or operational concept that will 
        enable human missions to Mars; and
          (2) incorporates each such mission into the human 
        exploration roadmap under section 432 of the National 
        Aeronautics and Space Administration Transition 
        Authorization Act of 2017 (Public Law 115-10; 51 U.S.C. 
        20302 note).
  (b) Cislunar Space Exploration Activities.--In conducting a 
mission under subsection (a), the Administrator shall--
          (1) use a combination of launches of the Space Launch 
        System and space transportation services from United 
        States commercial providers, as appropriate, for the 
        mission;
          (2) plan for not fewer than 1 Space Launch System 
        launch annually beginning after the first successful 
        crewed launch of Orion on the Space Launch System; and
          (3) establish an outpost in orbit around the Moon 
        that--
                  (A) demonstrates technologies, systems, and 
                operational concepts directly applicable to the 
                space vehicle that will be used to transport 
                humans to Mars;
                  (B) has the capability for periodic human 
                habitation; and
                  (C) can function as a point of departure, 
                return, or staging for Administration or 
                nongovernmental or international partner 
                missions to multiple locations on the lunar 
                surface or other destinations.
  (c) Cost-effectiveness.--To maximize the cost-effectiveness 
of the long-term space exploration and utilization activities 
of the United States, the Administrator shall take all 
necessary steps, including engaging nongovernmental and 
international partners, to ensure that activities in the 
Administration's human space exploration program are balanced 
in order to help meet the requirements of future exploration 
and utilization activities leading to human habitation on the 
surface of Mars.
  (d) Completion.--Within budgetary considerations, once an 
exploration-related project enters its development phase, the 
Administrator shall seek, to the maximum extent practicable, to 
complete that project without undue delay.
  (e) International Participation.--To achieve the goal of 
successfully conducting a crewed mission to the surface of 
Mars, the Administrator shall invite the partners in the ISS 
program and other nations, as appropriate, to participate in an 
international initiative under the leadership of the United 
States.

           *       *       *       *       *       *       *


Subtitle VII--Access to Space

           *       *       *       *       *       *       *


                CHAPTER 709--INTERNATIONAL SPACE STATION

Sec.
70901.  Peaceful uses of space station.
70902.  Allocation of International Space Station research budget.
70903.  International Space Station research.
70904.  International Space Station completion.
70905.  National laboratory designation.
[70906.  International Space Station National Laboratory Advisory 
          Committee.] [repealed]
70906.  Maintaining use through at least 2030.
70907.  Maintaining use through at least 2024.

           *       *       *       *       *       *       *


[Sec. 70906. International Space Station National Laboratory Advisory 
                    Committee

  (a) Establishment.--Not later than one year after October 15, 
2008, the Administrator shall establish under the Federal 
Advisory Committee Act a committee to be known as the 
``International Space Station National Laboratory Advisory 
Committee'' (hereafter in this section referred to as the 
``Committee'').
  [(b) Membership.--
          [(1) Composition.--The Committee shall be composed of 
        individuals representing organizations that have formal 
        agreements with the Administration to utilize the 
        United States portion of the International Space 
        Station, including allocations within partner elements.
          [(2) Chair.--The Administrator shall appoint a chair 
        from among the members of the Committee, who shall 
        serve for a 2-year term.
  [(c) Duties of the Committee.--
          [(1) In general.--The Committee shall monitor, 
        assess, and make recommendations regarding effective 
        utilization of the International Space Station as a 
        national laboratory and platform for research.
          [(2) Annual report.--The Committee shall submit to 
        the Administrator, on an annual basis or more 
        frequently as considered necessary by a majority of the 
        members of the Committee, a report containing the 
        assessments and recommendations required by paragraph 
        (1).
  [(d) Duration.--The Committee shall exist for the life of the 
International Space Station.]

[Sec. 70907.] Sec. 70906. Maintaining use through at least [2024] 2030

  (a) Policy.--The Administrator shall take all necessary steps 
to ensure that the International Space Station remains a viable 
and productive facility capable of potential United States 
utilization through at least [September 30, 2024] September 30, 
2030.
  (b) NASA Actions.--In furtherance of the policy under 
subsection (a), the Administrator shall ensure, to the extent 
practicable, that the International Space Station, as a 
designated national laboratory--
          (1) remains viable as an element of overall 
        exploration and partnership strategies and approaches;
          (2) is considered for use by all NASA mission 
        directorates, as appropriate, for technically 
        appropriate scientific data gathering or technology 
        risk reduction demonstrations; and
          (3) remains an effective, functional vehicle 
        providing research and test bed capabilities for the 
        United States through at least [September 30, 2024] 
        September 30, 2030.

           *       *       *       *       *       *       *


IRAN, NORTH KOREA, AND SYRIA NONPROLIFERATION ACT

           *       *       *       *       *       *       *


               [Public Law 106-178; 50 U.S.C. 1701 note]

SEC. 7. DEFINITIONS.

  For purposes of this Act, the following terms have the 
following meanings:
          (1) Extraordinary payments in connection with the 
        international space station.--The term ``extraordinary 
        payments in connection with the International Space 
        Station'' means payments in cash or in kind made or to 
        be made by the United States Government--
                  (A) for work on the International Space 
                Station which the Russian Government pledged at 
                any time to provide at its expense; or
                  (B) for work on the International Space 
                Station not required to be made under the terms 
                of a contract or other agreement that was in 
                effect on January 1, 1999, as those terms were 
                in effect on such date,
except that such term does not mean payments in cash or in kind 
made or to be made by the United States Government prior to 
[December 31, 2025] December 31, 2030, for work to be performed 
or services to be rendered prior to that date necessary to meet 
United States obligations under the Agreement Concerning 
Cooperation on the Civil International Space Station, with 
annex, signed at Washington January 29, 1998, and entered into 
force March 27, 2001, or any protocol, agreement, memorandum of 
understanding, or contract related thereto.
          (2) * * *

           *       *       *       *       *       *       *


NATIONAL AERONAUTICS AND SPACE ADMINISTRATION AUTHORIZATION ACT, FISCAL 
YEAR 1991

           *       *       *       *       *       *       *


               [Public Law 101-611; 51 U.S.C. 20111 note]

SEC. 121. [USERS' ADVISORY GROUP] PRESIDENT'S SPACE ADVISORY BOARD.

  (a) Establishment.--(1) The National Space Council shall 
establish a [Users' Advisory Group] President's Space Advisory 
Board composed of non-Federal representatives of industries and 
other persons involved in aeronautical and space activities.
  (2) The Vice President shall name a chairman of the [Users' 
Advisory Group] President's Space Advisory Board.
  (3) The National Space Council shall from time to time, but 
not less than once a year, meet with the [Users' Advisory 
Group] President's Space Advisory Board.
  (4) The function of the [Users' Advisory Group] President's 
Space Advisory Board shall be to ensure that the interests of 
industries and other non-Federal entities involved in space 
activities, including in particular commercial entities, are 
adequately represented in the National Space Council.
  (5) The [Users' Advisory Group] President's Space Advisory 
Board may be assisted by personnel detailed to the National 
Space Council.
  (b) Exemption.--The [Users' Advisory Group] President's Space 
Advisory Board shall not be subject to section 14(a)(2) of the 
Federal Advisory Committee Act [5 U.S.C. App.].

           *       *       *       *       *       *       *


NATIONAL AERONAUTICS AND SPACE ADMINISTRATION AUTHORIZATION ACT OF 2005

           *       *       *       *       *       *       *


    [Public Law 109-155; 119 Stat. 2922; 51 U.S.C. 71101 note prec.]

SEC. 321. GEORGE E. BROWN, JR. NEAR-EARTH OBJECT SURVEY.

  (a) * * *

           *       *       *       *       *       *       *

  [(f) Annual Reports.--After the initial report under 
subsection (e), the Administrator shall annually transmit to 
the Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on Science, Space, and Technology of 
the House of Representatives a report that includes--
          [(1) a summary of all activities carried out under 
        subsection (d) since the date of enactment of the 
        National Aeronautics and Space Administration 
        Transition Authorization Act of 2017, including the 
        progress toward achieving 90 percent completion of the 
        survey described in subsection (d); and
          [(2) a summary of expenditures for all activities 
        carried out under subsection (d) since the date of 
        enactment of the National Aeronautics and Space 
        Administration Transition Authorization Act of 2017.]
  (f) Annual Report.--Not later than September 30, 2020, and 
annually thereafter through 90-percent completion of the 
catalogue required by subsection (d)(1), the Administrator 
shall submit to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Science, 
Space, and Technology of the House of Representatives a report 
that includes the following:
          (1) A summary of all activities carried out by the 
        Planetary Defense Coordination Office established under 
        section 309(b)(1) of the National Aeronautics and Space 
        Administration Authorization Act of 2019 since the date 
        of enactment of that Act.
          (2) A description of the progress with respect to the 
        design, development, and launch of the space-based 
        infrared survey telescope required by section 
        309(b)(2)(A) of the National Aeronautics and Space 
        Administration Authorization Act of 2019.
          (3) An assessment of the progress toward meeting the 
        requirements of subsection (d)(1).
          (4) A description of the status of efforts to 
        coordinate planetary defense activities in response to 
        a threat posed by a near-Earth object with other 
        Federal agencies since the date of enactment of the 
        National Aeronautics and Space Administration 
        Authorization Act of 2019.
          (5) A description of the status of efforts to 
        coordinate and cooperate with other countries to 
        discover hazardous asteroids and comets, plan a 
        mitigation strategy, and implement that strategy in the 
        event of the discovery of an object on a likely 
        collision course with Earth.
          (6) A summary of expenditures for all activities 
        carried out by the Planetary Defense Coordination 
        Office since the date of enactment of the National 
        Aeronautics and Space Administration Authorization Act 
        of 2019.
  (g) * * *

           *       *       *       *       *       *       *


NATIONAL AERONAUTICS AND SPACE ADMINISTRATION AUTHORIZATION ACT OF 2010

           *       *       *       *       *       *       *


                           [42 U.S.C. 18302]

SEC. 3. DEFINITIONS.

  In this Act:
          (1) Administrator.--The term ``Administrator'' means 
        the Administrator of the National Aeronautics and Space 
        Administration.
          [(2) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                  [(A) the Committee on Commerce, Science, and 
                Transportation of the Senate; and
                  [(B) the Committee on Science of the House of 
                Representatives.
          [(3) Cis-lunar space.--The term ``cis-lunar space'' 
        means the region of space from the Earth out to and 
        including the region around the surface of the Moon.]
          (2) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                  (A) the Committee on Commerce, Science, and 
                Transportation of the Senate; and
                  (B) the Committee on Science, Space, and 
                Technology of the House of Representatives.
          (3) Cislunar space.--The term ``cislunar space'' 
        means the region of space beyond low-Earth orbit out to 
        and including the region around the surface of the 
        Moon.
          (4) * * *

           *       *       *       *       *       *       *


                          [42 U.S.C. 18351(a)]

SEC. 501. CONTINUATION OF THE INTERNATIONAL SPACE STATION.

  (a) Policy of the United States.--It shall be the policy of 
the United States, in consultation with its international 
partners in the ISS program, to support full and complete 
utilization of the ISS through at least [2024] 2030.
  (b) * * *

           *       *       *       *       *       *       *


                          [42 U.S.C. 18353(a)]

SEC. 503. MAINTENANCE OF THE UNITED STATES SEGMENT AND ASSURANCE OF 
                    CONTINUED OPERATIONS OF THE INTERNATIONAL SPACE 
                    STATION.

  (a) In General.--The Administrator shall take all actions 
necessary to ensure the safe and effective operation, 
maintenance, and maximum utilization of the United States 
segment of the ISS through at least [September 30, 2024] 
September 30, 2030.
  (b) * * *

           *       *       *       *       *       *       *


                          [42 U.S.C. 18354(d)]

SEC. 504. MANAGEMENT OF THE ISS NATIONAL LABORATORY.

  (a) * * *

           *       *       *       *       *       *       *

  (d) Research Capacity Allocation and Integration of Research 
Payloads.--
          (1) Allocation of iss research capacity.--[As soon as 
        practicable after the date of the enactment of this 
        Act, but not later than October 1, 2011,] The ISS 
        national laboratory managed experiments shall be 
        guaranteed access to, and utilization of, not less than 
        50 percent of the United States research capacity 
        allocation, including power, cold stowage, and 
        requisite crew time onboard the ISS through at least 
        [September 30, 2024] September 30, 2030. Access to the 
        ISS research capacity includes provision for the 
        adequate upmass and downmass capabilities to utilize 
        the ISS research capacity, as available. The 
        Administrator may allocate additional capacity to the 
        ISS national laboratory should such capacity be in 
        excess of NASA research requirements.
          (2) Additional research capabilities.--If any NASA 
        research plan is determined to require research 
        capacity onboard the ISS beyond the percentage 
        allocated under paragraph (1), such research plan shall 
        be prepared in the form of a requested research 
        opportunity to be submitted to the process established 
        under this section for the consideration of proposed 
        research within the capacity allocated to the ISS 
        national laboratory. A proposal for such a research 
        plan may include the establishment of partnerships with 
        non-NASA institutions eligible to propose research to 
        be conducted within the ISS national laboratory 
        capacity. Until at least [September 30, 2024] September 
        30, 2030, the official or employee designated under 
        subsection (b) may grant an exception to this 
        requirement in the case of a proposed experiment 
        considered essential for purposes of preparing for 
        exploration beyond low-Earth orbit, as determined by 
        joint agreement between the organization with which the 
        Administrator enters into a cooperative agreement under 
        subsection (a) and the official or employee designated 
        under subsection (b).

           *       *       *       *       *       *       *


                        [42 U.S.C. 18405(b)-(c)]

SEC. 907. COMMERCIAL REUSABLE SUBORBITAL RESEARCH PROGRAM.

  (a) * * *
  (b) Management.--The Administrator shall designate an officer 
or employee of the Space Technology Program to act as the 
responsible official for the [Commercial Reusable Suborbital 
Research Program in] Commercial Reusable Suborbital Research 
Program established under subsection (c)(1) within the Space 
Technology Program. The designee shall be responsible for the 
development of short- and long term strategic plans for 
maintaining, renewing and extending suborbital facilities and 
capabilities.
  [(c) Establishment.--The Administrator shall establish a 
Commercial Reusable Suborbital Research Program within the 
Space Technology Program that shall fund the development of 
payloads for scientific research, technology development, and 
education, and shall provide flight opportunities for those 
payloads to microgravity environments and suborbital altitudes. 
The Commercial Reusable Suborbital Research Program may fund 
engineering and integration demonstrations, proofs of concept, 
or educational experiments for commercial reusable vehicle 
flights. The program shall endeavor to work with NASA's Mission 
Directorates to help achieve NASA's research, technology, and 
education goals.]
  (c) Establishment.--
          (1) In general.--The Administrator shall establish a 
        Commercial Reusable Suborbital Research Program within 
        the Space Technology Mission Directorate to fund--
                  (A) the development of payloads for 
                scientific research, technology development, 
                and education;
                  (B) flight opportunities for those payloads 
                to microgravity environments and suborbital 
                altitudes; and
                  (C) transition of those payloads to orbital 
                opportunities.
          (2) Commercial reusable vehicle flights.--In carrying 
        out the Commercial Reusable Suborbital Research 
        Program, the Administrator may fund engineering and 
        integration demonstrations, proofs of concept, and 
        educational experiments for flights of commercial 
        reusable vehicles.
          (3) Commercial suborbital launch vehicles.--In 
        carrying out the Commercial Reusable Suborbital 
        Research Program, the Administrator may not fund the 
        development of commercial suborbital launch vehicles.
          (4) Working with mission directorates.--In carrying 
        out the Commercial Reusable Suborbital Research 
        Program, the Administrator shall work with the mission 
        directorates of NASA to achieve the research, 
        technology, and education goals of NASA.
  (d) * * *

           *       *       *       *       *       *       *


NATIONAL AERONAUTICS AND SPACE ADMINISTRATION AUTHORIZATION ACT OF 2017

           *       *       *       *       *       *       *


               [Public Law 115-10; 51 U.S.C. 20301 note]

SEC. 421. SPACE LAUNCH SYSTEM, ORION, AND EXPLORATION GROUND SYSTEMS.

  (a) * * *
  (b) * * *
  (c) Sense of Congress on Space Launch System, Orion, and 
Exploration Ground Systems.--It is the sense of Congress that--
          (1) as the United States works to send humans on a 
        series of missions to Mars in the 2030s, the United 
        States national space program should continue to make 
        progress on its commitment by fully developing the 
        Space Launch System, Orion, and related Exploration 
        Ground Systems;
          (2) using the Space Launch System and Orion for a 
        wide range of contemplated missions will facilitate the 
        national defense, science, and exploration objectives 
        of the United States;
          (3) the United States should have continuity of 
        purpose for the Space Launch System and Orion in deep 
        space exploration missions, using them beginning with 
        the uncrewed mission, [EM-1] Artemis 1, planned for 
        2018, followed by the crewed mission, [EM-2] Artemis 2, 
        in cis-lunar space planned for 2021, and for subsequent 
        missions beginning with [EM-3] Artemis 3 extending into 
        cis-lunar space and eventually to Mars;
          (4) the President's annual budget requests for the 
        Space Launch System and Orion development, test, and 
        operational phases should strive to accurately reflect 
        the resource requirements of each of those phases;
          (5) the fully integrated Space Launch System, 
        including an upper stage needed to go beyond low-Earth 
        orbit, will safely enable human space exploration of 
        the Moon, Mars, and beyond; and
          (6) the Administrator should budget for and undertake 
        a robust ground test and uncrewed and crewed flight 
        test and demonstration program for the Space Launch 
        System and Orion in order to promote safety and reduce 
        programmatic risk.
  (d) * * *
  (e) * * *
  (f) Exploration Missions.--The Administrator shall continue 
development of--
          (1) an uncrewed exploration mission to demonstrate 
        the capability of both the Space Launch System and 
        Orion as an integrated system by 2018;
          (2) subject to applicable human rating processes and 
        requirements, a crewed exploration mission to 
        demonstrate the Space Launch System, including the Core 
        Stage and Exploration Upper Stages, by 2021;
          (3) subsequent missions beginning with [EM-3] Artemis 
        3 at operational flight rate sufficient to maintain 
        safety and operational readiness using the Space Launch 
        System and Orion to extend into cis-lunar space and 
        eventually to Mars; and
          (4) a deep space habitat as a key element in a deep 
        space exploration architecture along with the Space 
        Launch System and Orion.
  (g) * * *
  (h) * * *

           *       *       *       *       *       *       *


               [Public Law 115-10; 51 U.S.C. 20302 note]

SEC. 432. HUMAN EXPLORATION ROADMAP.

  (a) * * *
  (b) Human Exploration Roadmap.--
          (1) * * *
          (2) * * *
          (3) Considerations.--In developing the human 
        exploration roadmap, the Administrator shall consider--
                  (A) using key exploration capabilities, 
                namely the Space Launch System and Orion;
                  (B) using existing commercially available 
                technologies and capabilities or those 
                technologies and capabilities being developed 
                by industry for commercial purposes;
                  (C) establishing an organizational approach 
                to ensure collaboration and coordination among 
                NASA's Mission Directorates under section 821, 
                when appropriate, including to collect and 
                return to Earth a sample from the Martian 
                surface;
                  (D) building upon the initial uncrewed 
                mission, [EM- 1] Artemis 1, and first crewed 
                mission, [EM-2] Artemis 2, of the Space Launch 
                System and Orion to establish a sustainable 
                cadence of missions extending human exploration 
                missions into cislunar space, including 
                anticipated timelines and milestones;

           *       *       *       *       *       *       *

                  (K) * * *
          (4) Critical decision plan on human space 
        exploration.--As part of the human exploration roadmap, 
        the Administrator shall include a critical decision 
        plan--
                  (A) identifying and defining key decisions 
                guiding human space exploration priorities and 
                plans that need to be made before June 30, 
                2020, including decisions that may guide human 
                space exploration capability development, 
                precursor missions, long-term missions, and 
                activities;
                  (B) defining decisions needed to maximize 
                efficiencies and resources for reaching the 
                near, intermediate, and long-term goals and 
                objectives of human space exploration; and
                  (C) identifying and defining timelines and 
                milestones for a sustainable cadence of 
                missions beginning with [EM-3] Artemis 3 for 
                the Space Launch System and Orion to extend 
                human exploration from cis-lunar space to the 
                surface of Mars.
          (5) * * *

           *       *       *       *       *       *       *