[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4412 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 4412
To authorize the programs of the National Aeronautics and Space
Administration, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 7, 2014
Mr. Palazzo (for himself and Mr. Smith of Texas) introduced the
following bill; which was referred to the Committee on Science, Space,
and Technology
_______________________________________________________________________
A BILL
To authorize the programs of the National Aeronautics and Space
Administration, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``National
Aeronautics and Space Administration Authorization Act of 2014''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--AUTHORIZATION OF APPROPRIATIONS
Sec. 101. Fiscal year 2014.
TITLE II--HUMAN SPACE FLIGHT
Subtitle A--Exploration
Sec. 201. Space exploration policy.
Sec. 202. Stepping stone approach to exploration.
Sec. 203. Space Launch System.
Sec. 204. Orion crew capsule.
Sec. 205. Advanced booster competition.
Subtitle B--Space Operations
Sec. 211. Findings.
Sec. 212. International Space Station.
Sec. 213. Commercial crew report.
Sec. 214. Flight readiness demonstration.
Sec. 215. Aerospace Safety Advisory Panel advice.
Sec. 216. Space communications.
TITLE III--SCIENCE
Subtitle A--General
Sec. 301. Science portfolio.
Sec. 302. Assessment of science mission extensions.
Sec. 303. Radioisotope thermoelectric generators.
Sec. 304. Congressional declaration of policy and purpose.
Sec. 305. Utilization of International Space Station for Science
Missions.
Subtitle B--Astrophysics
Sec. 311. Decadal cadence.
Sec. 312. Extrasolar planet exploration strategy.
Sec. 313. James Webb Space Telescope.
Sec. 314. Wide-Field Infrared Survey Telescope.
Sec. 315. National Reconnaissance Office telescope donation.
Subtitle C--Planetary Science
Sec. 321. Decadal cadence.
Sec. 322. Near-Earth objects.
Sec. 323. Astrobiology strategy.
Sec. 324. Public-private partnerships.
Subtitle D--Heliophysics
Sec. 331. Decadal cadence.
Sec. 332. Review of space weather.
Sec. 333. Deep Space Climate Observatory.
Subtitle E--Earth Science
Sec. 341. Goal.
Sec. 342. Decadal cadence.
Sec. 343. Research to operations.
Sec. 344. Interagency coordination.
Sec. 345. Joint Polar Satellite System climate sensors.
Sec. 346. Land imaging.
Sec. 347. Sources of Earth science data.
TITLE IV--AERONAUTICS
Sec. 401. Sense of Congress.
Sec. 402. Unmanned aerial systems research and development.
Sec. 403. Research program on composite materials used in aeronautics.
Sec. 404. Hypersonic research.
Sec. 405. Supersonic research.
Sec. 406. Research on NextGen airspace management concepts and tools.
Sec. 407. Rotorcraft research.
TITLE V--SPACE TECHNOLOGY
Sec. 501. Space technology.
Sec. 502. Utilization of the International Space Station for technology
demonstrations.
TITLE VI--EDUCATION
Sec. 601. Education.
Sec. 602. Independent review of the National Space Grant College and
Fellowship Program.
TITLE VII--POLICY PROVISIONS
Sec. 701. Asteroid Retrieval Mission.
Sec. 702. Termination liability.
Sec. 703. Baseline and cost controls.
Sec. 704. Project and program reserves.
Sec. 705. Independent reviews.
Sec. 706. Space Act Agreements.
Sec. 707. Human spaceflight accident investigations.
Sec. 708. Commercial technology transfer program.
Sec. 709. Orbital debris.
Sec. 710. NASA Advisory Council.
Sec. 711. Cost estimation.
Sec. 712. Detection and avoidance of counterfeit electronic parts.
Sec. 713. Prohibition on use of funds for contractors that have
committed fraud or other crimes.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administration.--The term ``Administration'' means the
National Aeronautics and Space Administration.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Administration.
(3) Orion crew capsule.--The term ``Orion crew capsule''
refers to the multipurpose crew vehicle described in section
303 of the National Aeronautics and Space Administration
Authorization Act of 2010 (42 U.S.C. 18323).
(4) Space act agreement.--The term ``Space Act Agreement''
means an agreement created under the authority to enter into
``other transactions'' under section 20113(e) of title 51,
United States Code.
(5) Space launch system.--The term ``Space Launch System''
refers to the follow-on Government-owned civil launch system
developed, managed, and operated by the Administration to serve
as a key component to expand human presence beyond low-Earth
orbit, as described in section 302 of the National Aeronautics
and Space Administration Authorization Act of 2010 (42 U.S.C.
18322).
TITLE I--AUTHORIZATION OF APPROPRIATIONS
SEC. 101. FISCAL YEAR 2014.
There are authorized to be appropriated to the Administration for
fiscal year 2014 $17,646,500,000 as follows:
(1) For Space Exploration, $4,113,200,000, of which--
(A) $1,918,200,000 shall be for the Space Launch
System, of which $318,200,000 shall be for Exploration
Ground Systems;
(B) $1,197,000,000 shall be for the Orion crew
capsule;
(C) $302,000,000 shall be for Exploration Research
and Development; and
(D) $696,000,000 shall be for Commercial Crew
Development activities.
(2) For Space Operations, $3,778,000,000, of which
$2,984,100,000 shall be for the International Space Station
Program.
(3) For Science, $5,151,200,000, of which--
(A) $1,826,000,000 shall be for Earth Science;
(B) $1,345,000,000 shall be for Planetary Science,
of which $30,000,000 shall be for the Astrobiology
Institute;
(C) $668,000,000 shall be for Astrophysics;
(D) $658,200,000 shall be for the James Webb Space
Telescope; and
(E) $654,000,000 shall be for Heliophysics.
(4) For Aeronautics, $566,000,000.
(5) For Space Technology, $576,000,000.
(6) For Education, $116,600,000.
(7) For Cross-Agency Support, $2,793,000,000.
(8) For Construction and Environmental Compliance and
Restoration, $515,000,000.
(9) For Inspector General, $37,500,000.
TITLE II--HUMAN SPACE FLIGHT
Subtitle A--Exploration
SEC. 201. SPACE EXPLORATION POLICY.
(a) Findings.--Congress finds the following:
(1) Congress supports a human exploration program that is
not critically dependent on the achievement of milestones by
fixed dates and an exploration technology development program
to enable lunar human and robotic operations, as described in
paragraphs (1) and (2) of section 70502 of title 51, United
States Code.
(2) Congress supports the expansion of permanent human
presence beyond low-Earth orbit, in a manner involving
international partners, commercial partners, and other not-for-
profit partners where practical.
(3) Congress remains committed to ensuring that authorized
budgets for the human space flight program should allow the
Administration to maintain high safety standards.
(4) Exploration deeper into the solar system should be the
core mission of the Administration.
(5) Congress strongly supports the development of the Space
Launch System and the Orion crew capsule as the enabling
elements for human exploration, advanced scientific missions,
and national security priorities beyond low-Earth orbit.
(b) Policy.--It is the policy of the United States that the
development of capabilities and technologies necessary for human
missions to lunar orbit, the surface of the Moon, the surface of Mars,
and beyond shall be the goal of the Administration's human space flight
program.
(c) Vision for Space Exploration.--Section 20302 of title 51,
United States Code, is amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--The Administrator shall establish a program to
develop a sustained human presence on the Moon and the surface of Mars,
including a robust precursor program that follows the stepping stone
plan required in section 70504 to promote exploration, science,
commerce, and United States preeminence in space. The Administrator is
further authorized to develop and conduct appropriate international
collaborations, commercial collaborations, and other not-for-profit
collaborations in pursuit of such program, but the absence of such
partnerships may not be justification for failure to pursue such
program in a timely manner.'';
(2) in subsection (b)--
(A) by striking paragraph (1) and inserting the
following:
``(1) Returning Americans to the Moon.'';
(B) by striking paragraph (2) and inserting the
following:
``(2) Launching the first crewed mission of the fully
integrated Orion crew capsule with the Space Launch System as
close to 2020 as possible.''; and
(C) in paragraph (4), by striking ``from Mars and''
and inserting ``from the Moon, Mars, and''; and
(3) by adding at the end the following:
``(c) Definitions.--In this section:
``(1) Orion crew capsule.--The term `Orion crew capsule'
refers to the multipurpose crew vehicle described in section
303 of the National Aeronautics and Space Administration
Authorization Act of 2010 (42 U.S.C. 18323).
``(2) Space launch system.--The term `Space Launch System'
refers to the follow-on Government-owned civil launch system
developed, managed, and operated by the Administration to serve
as a key component to expand human presence beyond low-Earth
orbit, as described in section 302 of the National Aeronautics
and Space Administration Authorization Act of 2010 (42 U.S.C.
18322).''.
(d) Key Objectives.--Section 202(b) of the National Aeronautics and
Space Administration Authorization Act of 2010 (42 U.S.C. 18312(b)) is
amended--
(1) in paragraph (3), by striking ``and'' after the
semicolon;
(2) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(5) to accelerate the development of capabilities to
enable a human exploration mission to the surface of Mars and
beyond through the prioritization of those technologies and
capabilities best suited for such a mission in accordance with
the Mars Human Exploration Roadmap under section 70504 of title
51, United States Code.''.
(e) Use of Non-United States Human Space Flight Transportation
Capabilities.--Section 201(a) of the National Aeronautics and Space
Administration Authorization Act of 2010 (42 U.S.C. 18311(a)) is
amended to read as follows:
``(a) Use of Non-United States Human Space Flight Transportation
Capabilities.--
``(1) In general.--NASA may not obtain non-United States
human space flight capabilities unless no domestic commercial
or public-private partnership provider that the Administrator
has determined to meet safety requirements established by NASA
for the transport of its astronauts is available to provide
such capabilities.
``(2) Definition.--For purposes of this subsection, the
term `domestic commercial provider' means a person providing
space transportation services or other space-related
activities, the majority control of which is held by persons
other than a Federal, State, local, or foreign government,
foreign company, or foreign national.''.
(f) Repeal of Space Shuttle Capability Assurance.--Section 203 of
the National Aeronautics and Space Administration Authorization Act of
2010 (42 U.S.C. 18313) is amended--
(1) by striking subsection (b);
(2) in subsection (d), by striking ``subsection (c)'' and
inserting ``subsection (b)''; and
(3) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively.
(g) Fullest Commercial Use of Space.--
(1) Report.--Not later than 90 days after the date of
enactment of this Act, the Administrator shall transmit to the
Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on current and continuing
efforts by the Administration to ``seek and encourage, to the
maximum extent possible, the fullest commercial use of space,''
as described in section 20102(c) of title 51, United States
Code.
(2) Elements.--The report required under subsection (a)
shall include--
(A) an assessment of the Administration's efforts
to comply with the policy;
(B) an explanation of criteria used to define
compliance;
(C) a description of programs, policies, and
activities the Administration is using, and will
continue to use, to ensure compliance;
(D) an explanation of how the Administration could
expand on the efforts to comply; and
(E) a summary of all current and planned activities
pursuant to this policy.
(h) Barriers to Fullest Commercial Use of Space.--Not later than 90
days after the date of enactment of this Act, the Administrator shall
transmit to the Committee on Science, Space, and Technology of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on current and continuing efforts
by the Administration to reduce impediments, bureaucracy, redundancy,
and burdens to ensure the fullest commercial use of space as required
in section 20102(c) of title 51, United States Code.
SEC. 202. STEPPING STONE APPROACH TO EXPLORATION.
(a) In General.--Section 70504 of title 51, United States Code, is
amended to read as follows:
``Sec. 70504. Stepping stone approach to exploration
``(a) In General.--In order to maximize the cost effectiveness of
the long-term space exploration and utilization activities of the
United States, the Administrator shall direct the Human Exploration and
Operations Mission Directorate to develop a Mars Human Exploration
Roadmap to define the specific capabilities and technologies necessary
to extend human presence to the surface of Mars and the mission sets
required to demonstrate such capabilities and technologies.
``(b) International Participation.--The President should invite the
United States partners in the International Space Station program and
other nations, as appropriate, to participate in an international
initiative under the leadership of the United States to achieve the
goal of successfully conducting a crewed mission to the surface of
Mars.
``(c) Roadmap Requirements.--In developing the Mars Human
Exploration Roadmap, the Administrator shall--
``(1) include the specific set of capabilities and
technologies required to extend human presence to the surface
of Mars and the mission sets necessary to demonstrate the
proficiency of these capabilities and technologies with an
emphasis on using the International Space Station, lunar
landings, cis-lunar space, trans-lunar space, Lagrangian
points, and the natural satellites of Mars, Phobos and Deimos,
as testbeds, as necessary, and shall include the most
appropriate process for developing such capabilities and
technologies;
``(2) describe those technologies already under development
across the Federal Government or by nongovernment entities
which meet or exceed the needs described in paragraph (1);
``(3) provide a specific process for the evolution of the
capabilities of the fully integrated Orion crew capsule with
the Space Launch System and how these systems demonstrate the
capabilities and technologies described in paragraph (1);
``(4) provide a description of the capabilities and
technologies that could be demonstrated or research data that
could be gained through the utilization of the International
Space Station and the status of the development of such
capabilities and technologies;
``(5) describe a framework for international cooperation in
the development of all technologies and capabilities required
in this section, as well as an assessment of the risks posed by
relying on international partners for capabilities and
technologies on the critical path of development;
``(6) describe a process for utilizing nongovernmental
entities for future human exploration beyond trans-lunar space
and specify what, if any, synergy could be gained from--
``(A) partnerships using Space Act Agreements (as
defined in section 2 of the National Aeronautics and
Space Administration Authorization Act of 2014); or
``(B) other acquisition instruments;
``(7) include in the Roadmap an addendum from the NASA
Advisory Council, and an addendum from the Aerospace Safety
Advisory Panel, each with a statement of review of the Roadmap
that shall include--
``(A) subjects of agreement;
``(B) areas of concern; and
``(C) recommendations; and
``(8) include in the Roadmap an examination of the benefits
of utilizing current Administration launch facilities for
trans-lunar missions.
``(d) Updates.--The Administrator shall update such Roadmap at
least every 4 years and include it in the budget for that fiscal year
transmitted to Congress under section 1105(a) of title 31, and
describe--
``(1) the achievements and goals reached in the process of
developing such capabilities and technologies during the 4-year
period prior to the submission of the Roadmap to Congress; and
``(2) the expected goals and achievements in the following
4-year period.
``(e) Definitions.--The terms `Orion crew capsule' and `Space
Launch System' have the meanings given such terms in section 20302.''.
(b) Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall transmit a copy
of the Mars Human Exploration Roadmap developed under section
70504 of title 51, United States Code, to the Committee on
Science, Space, and Technology of the House of Representatives
and the Committee on Commerce, Science, and Transportation of
the Senate.
(2) Updates.--The Administrator shall transmit a copy of
each updated Mars Human Exploration Roadmap to the Committee on
Science, Space, and Technology of the House of Representatives
and the Committee on Commerce, Science, and Transportation of
the Senate not later than 7 days after such Roadmap is updated
under section 70504(b)(6) of such title.
SEC. 203. SPACE LAUNCH SYSTEM.
(a) Findings.--Congress finds that--
(1) the Space Launch System is the most practical approach
to reaching the Moon, Mars, and beyond, and Congress reaffirms
the policy and minimum capability requirements for the Space
Launch System contained in section 302 of the National
Aeronautics and Space Administration Authorization Act of 2010
(42 U.S.C. 18322);
(2) the primary goal for the design of the fully integrated
Space Launch System is to safely carry a total payload of 130
tons or more to low-Earth orbit to enable human space
exploration of the Moon, Mars, and beyond over the course of
the next century as required in section 302(c) of the National
Aeronautics and Space Administration Authorization Act of 2010
(42 U.S.C. 18322(c));
(3) the uncrewed flight test of the 70-ton core element of
the Space Launch System fully integrated with the Orion crew
capsule as described in section 302(c)(1) of the National
Aeronautics and Space Administration Authorization Act of 2010
(42 U.S.C. 18322(c)(1)) is a necessary flight demonstration in
an overall program plan, subject to appropriations; and
(4) the schedule of the 70-ton core element crewed flight
demonstration in 2021 with the Space Launch System fully
integrated with the Orion crew capsule as described in section
302(c)(1) of the National Aeronautics and Space Administration
Authorization Act of 2010 (42 U.S.C. 18322(c)(1)) is subject to
appropriations.
(b) In General.--As required in section 302(c)(2) of the National
Aeronautics and Space Administration Authorization Act of 2010 (42
U.S.C. 18322(c)(2)), the Administration shall design the Space Launch
System as a fully integrated vehicle capable of carrying a total
payload of 130 tons or more into low-Earth orbit in preparation for
transit for missions beyond low-Earth orbit.
(c) Progress Report.--
(1) In general.--Using the President's budget request for
fiscal year 2014 and notional numbers requested therein as a
baseline, not later than 90 days after the date of enactment of
this Act the Administrator shall transmit to the Committee on
Science, Space, and Technology of the House of Representatives
and the Committee on Commerce, Science, and Transportation of
the Senate an estimate of--
(A) when the 70-ton core element of the Space
Launch System fully integrated with the Orion crew
capsule may be demonstrated as an operational
capability;
(B) when the 130-ton Space Launch System fully
integrated with the Orion crew capsule may be
demonstrated as an operational capability;
(C) the projected annual operational costs through
2030 for the 130-ton Space Launch System fully
integrated with the Orion crew capsule after its
operational capability has been demonstrated; and
(D) the projected flight rate for the 130-ton Space
Launch System fully integrated with the Orion crew
capsule through 2030.
(2) Contingency funding estimates.--If the Administrator
determines that the uncrewed test flight of the 70-ton core
element of the Space Launch System fully integrated with the
Orion crew capsule will not occur on or before December 31,
2017, or that the crewed test flight of the 70-ton core element
of the Space Launch System fully integrated with the Orion crew
capsule will not occur on or before December 31, 2021, the
report transmitted under paragraph (1) shall include an
estimate of additional funds required through annual
appropriations for fiscal years 2015 through 2021 which may be
necessary to meet such goals in those years.
(d) Utilization Report.--The Administrator, in consultation with
the Secretary of Defense and the Director of National Intelligence,
shall prepare a report that addresses the effort and budget required to
enable and utilize a cargo variant of the 130-ton Space Launch System
configuration described in section 302(c) of the National Aeronautics
and Space Administration Authorization Act of 2010 (42 U.S.C.
18322(c)). This report shall also include consideration of the
technical requirements of the scientific and national security
communities related to such Space Launch System and shall directly
assess the utility and estimated cost savings obtained by using such
Space Launch System for national security and space science missions.
The Administrator shall transmit such report to the Committee on
Science, Space, and Technology of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate not
later than 180 days after the date of enactment of this Act.
(e) Naming Competition.--Beginning not later than 180 days after
the date of enactment of this Act and concluding not later than 1 year
after such date of enactment, the Administrator shall conduct a well-
publicized competition among students in elementary and secondary
schools to name the elements of the Administration's exploration
program, including--
(1) a name for the deep space human exploration program as
a whole, which includes the Space Launch System, the Orion crew
capsule, lunar landers, and future missions; and
(2) a name for the Space Launch System.
SEC. 204. ORION CREW CAPSULE.
(a) In General.--The Orion crew capsule shall meet the practical
needs and the minimum capability requirements described in section 303
of the National Aeronautics and Space Administration Authorization Act
of 2010 (42 U.S.C. 18323).
(b) Report.--Not later than 60 days after the date of enactment of
this Act, the Administrator shall transmit a report to the Committee on
Science, Space, and Technology of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate--
(1) detailing those components and systems of the Orion
crew capsule that ensure it is in compliance with section
303(b) of such Act (42 U.S.C. 18323(b));
(2) detailing the expected date that the Orion crew capsule
will be available to transport crew and cargo to the
International Space Station; and
(3) certifying that the requirements of section 303(b)(3)
of such Act (42 U.S.C. 18323(b)(3)) will be met by the
Administration in time for the first crewed test flight in
2021.
SEC. 205. ADVANCED BOOSTER COMPETITION.
(a) Report.--Not later than 90 days after the date of enactment of
this Act, the Associate Administrator of the National Aeronautics and
Space Administration shall transmit to the Committee on Science, Space,
and Technology of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report that--
(1) describes the estimated total development cost of an
advanced booster for the Space Launch System;
(2) details any reductions or increases to the development
cost of the Space Launch System which may result from
conducting a competition for an advanced booster; and
(3) outlines any potential schedule delay to the Space
Launch System 2017 EM-1 launch as a result of increased costs
associated with conducting a competition for an advanced
booster.
(b) Competition.--If the Associate Administrator reports reductions
pursuant to paragraph (2) of subsection (a), and no adverse schedule
impact pursuant to paragraph (3), then the Administration shall conduct
a full and open competition for an advanced booster for the Space
Launch System to meet the requirements described in section 302(c) of
the National Aeronautics and Space Administration Authorization Act of
2010 (42 U.S.C. 18322(c)), to begin not later than 1 year after the
Associate Administrator transmits the report required under subsection
(a).
Subtitle B--Space Operations
SEC. 211. FINDINGS.
Congress finds the following:
(1) The International Space Station is the ideal short-term
testbed for future exploration systems development, including
long-duration space travel.
(2) The use of the private market to provide cargo and crew
transportation services is currently the most expeditious
process to restore domestic access to the International Space
Station and low-Earth orbit.
(3) Government-assured access to low-Earth orbit is
paramount to the continued success of the International Space
Station and National Laboratory.
(4) Acquiring and maintaining an operational domestic
commercial crew transportation service by the year 2017 is of
the utmost importance for the future viability of the
International Space Station and National Laboratory.
SEC. 212. INTERNATIONAL SPACE STATION.
(a) In General.--The following is the policy of the United States:
(1) The International Space Station shall be utilized to
the maximum extent practicable for the development of
capabilities and technologies needed for the future of human
exploration beyond low-Earth orbit.
(2) The Administrator shall, in consultation with the
International Space Station partners--
(A) take all necessary measures to support the
operation and full utilization of the International
Space Station; and
(B) seek to minimize, to the extent practicable,
the operating costs of the International Space Station.
(3) Reliance on foreign carriers for crew transfer is
unacceptable, and the Nation's human space flight program must
acquire the capability to launch United States astronauts on
United States rockets from United States soil as soon as is
safe and practically possible, whether on Government-owned and
operated space transportation systems or privately owned
systems that have been certified for flight by the appropriate
Federal agencies.
(b) Reaffirmation of Policy.--Congress reaffirms--
(1) its commitment to the development of a commercially
developed launch and delivery system to the International Space
Station for crew missions as expressed in the National
Aeronautics and Space Administration Authorization Act of 2005
(Public Law 109-155), the National Aeronautics and Space
Administration Authorization Act of 2008 (Public Law 110-422),
and the National Aeronautics and Space Administration
Authorization Act of 2010 (Public Law 111-267);
(2) that the Administration shall make use of United States
commercially provided International Space Station crew transfer
and crew rescue services to the maximum extent practicable; and
(3) the policy stated in section 501(b) of the National
Aeronautics and Space Administration Authorization Act of 2010
(42 U.S.C. 18351(b)) that the Administration shall pursue
international, commercial, and intragovernmental means to
maximize International Space Station logistics supply,
maintenance, and operational capabilities, reduce risks to
International Space Station systems sustainability, and offset
and minimize United States operations costs relating to the
International Space Station.
(c) Assured Access to Low-Earth Orbit.--Section 70501(a) of title
51, United States Code, is amended to read as follows:
``(a) Policy Statement.--It is the policy of the United States to
maintain an uninterrupted capability for human space flight and
operations in low-Earth orbit, and beyond, as an essential instrument
of national security and the capability to ensure continued United
States participation and leadership in the exploration and utilization
of space.''.
(d) Repeals.--
(1) Use of space shuttle or alternatives.--Chapter 701 of
title 51, United States Code, and the item relating to such
chapter in the table of chapters for such title, are repealed.
(2) Shuttle pricing policy for commercial and foreign
users.--Chapter 703 of title 51, United States Code, and the
item relating to such chapter in the table of chapters for such
title, are repealed.
(3) Shuttle privatization.--Section 50133 of title 51,
United States Code, and the item relating to such section in
the table of sections for chapter 501 of such title, are
repealed.
(e) Extension Criteria Report.--Not later than 1 year after the
date of enactment of this Act, the Administrator shall submit to the
Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the feasibility of extending
the operation of the International Space Station that includes--
(1) criteria for defining the International Space Station
as a research success;
(2) cost estimates for operating the International Space
Station to achieve the criteria in paragraph (1);
(3) cost estimates for extending operations to 2020, 2025,
and 2030; and
(4) an assessment of how the defined criteria under
paragraph (1) respond to the National Academies Decadal Survey
on Biological and Physical Sciences in Space.
(f) Strategic Plan for International Space Station Research.--
(1) In general.--The Director of the Office of Science and
Technology Policy, in consultation with the Administrator,
academia, other Federal agencies, the International Space
Station National Laboratory Advisory Committee, and other
potential stakeholders, shall develop and transmit to the
Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a strategic plan for conducting
competitive, peer-reviewed research in physical and life
sciences and related technologies on the International Space
Station through at least 2020.
(2) Plan requirements.--The strategic plan shall--
(A) be consistent with the priorities and
recommendations established by the National Academies
in its Decadal Survey on Biological and Physical
Sciences in Space;
(B) provide a research timeline and identify
resource requirements for its implementation, including
the facilities and instrumentation necessary for the
conduct of such research; and
(C) identify--
(i) criteria for the proposed research,
including--
(I) a justification for the
research to be carried out in the space
microgravity environment;
(II) the use of model systems;
(III) the testing of flight
hardware to understand and ensure its
functioning in the microgravity
environment;
(IV) the use of controls to help
distinguish among the direct and
indirect effects of microgravity, among
other effects of the flight or space
environment;
(V) approaches for facilitating
data collection, analysis, and
interpretation;
(VI) procedures to ensure
repetition of experiments, as needed;
(VII) support for timely
presentation of the peer-reviewed
results of the research; and
(VIII) defined metrics for the
success of each study;
(ii) instrumentation required to support
the measurements and analysis of the research
to be carried out under the strategic plan;
(iii) the capabilities needed to support
direct, real-time communications between
astronauts working on research experiments
onboard the International Space Station and the
principal investigator on the ground;
(iv) a process for involving the external
user community in research planning, including
planning for relevant flight hardware and
instrumentation, and for utilization of the
International Space Station, free flyers, or
other research platforms;
(v) the acquisition strategies the
Administration plans to use to acquire any new
capabilities which are not operational on the
International Space Station as of the date of
enactment of this Act and which have an
estimated total life cycle cost of $10,000,000
or more, along with a justification of any
anticipated use of less than full and open
competition and written approval therefor from
the Administration's Assistant Administrator
for Procurement; and
(vi) defined metrics for success of the
research plan.
(3) Report.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, the Comptroller General
of the United States shall transmit to the Committee on
Science, Space, and Technology of the House of
Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report on the
progress of the organization chosen for the management
of the International Space Station National Laboratory
as directed in section 504 of the National Aeronautics
and Space Administration Authorization Act of 2010 (42
U.S.C. 18354).
(B) Specific requirements.--The report shall assess
the management, organization, and performance of such
organization and shall include a review of the status
of each of the 7 required activities listed in section
504(c) of such Act (42 U.S.C. 18354(c)).
SEC. 213. COMMERCIAL CREW REPORT.
(a) In General.--The Administration shall consider the
ramifications of and create contingencies as the sequestration adopted
in the Budget Control Act of 2011 (Public Law 112-25) continues to
reduce the Administration's overall budget.
(b) Report.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Administrator shall transmit to the
Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report containing 5 distinct
options for the final stages of the commercial crew program.
(2) Requirements.--These options shall include--
(A) a strategy that assumes an appropriation of
$500,000,000 over the next 3 fiscal years;
(B) a strategy that assumes an appropriation of
$600,000,000 over the next 3 fiscal years;
(C) a strategy that assumes an appropriation of
$700,000,000 over the next 3 fiscal years;
(D) a strategy that assumes an appropriation of
$800,000,000 over the next 3 fiscal years; and
(E) a strategy that has yet to be considered
previously in any budget submission but that the
Administration believes could ensure the flight
readiness date of 2017 for at least one provider or
significantly decreases the overall program lifecycle
cost.
(3) Inclusions.--Each strategy shall include the
contracting instruments the Administration will employ to
acquire the services in each phase of development or
acquisition, the number of commercial providers the
Administration will include in the program, and the estimated
flight readiness date in each scenario.
SEC. 214. FLIGHT READINESS DEMONSTRATION.
(a) In General.--The Administration shall carry out its flight
readiness demonstration, in which one or more commercial crew partner
companies safely transports United States astronauts to the
International Space Station, by December 31, 2017.
(b) Report.--Not later than 180 days after the date of enactment of
this Act and every 90 days thereafter until the Administration carries
out its flight readiness demonstration, the Administrator shall
transmit to the Committee on Science, Space, and Technology of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report--
(1) describing the current status of the Commercial Crew
program, including all funding paid to any partner company
throughout the life of the program detailed by specific dollar
amounts provided for each milestone completed for each partner
company;
(2) specifying the accomplishments and milestones completed
in the 90 days prior to the date of transmission of the report
under any phase of the program and all dollar amounts provided
for each of those milestones;
(3) identifying those accomplishments and milestones that
were expected to be completed in the 90 days prior to the date
of transmission of such report under any phase of the program
but that were not completed in that timeframe;
(4) setting forth the accomplishments and milestones that
are expected to be completed in the 90-day period following the
transmission of such report under any phase of the program; and
(5) containing a statement of flight readiness under
subsection (c).
(c) Statement of Flight Readiness.--The statement of flight
readiness required by subsection (b)(5) shall include--
(1) either--
(A) a certification by the Administrator that the
Administration is on schedule to comply with subsection
(a); or
(B) an explanation as to why the Administration is
not on schedule to comply with subsection (a) and why
the Administration did not develop an acquisition
strategy based on existing budget authority; and
(2) a certification by the Administrator that all
deviations from the Aerospace Safety Advisory Panel
recommendations have been reported in accordance with section
215.
(d) Authorization of Funds.--Not later than 60 days after the
issuance of the explanation described in subsection (c)(2), the
Administrator shall provide, and begin implementation of, a new
acquisition strategy that ensures that at least 1 company will be
prepared to provide crew transport services by December 31, 2017.
SEC. 215. AEROSPACE SAFETY ADVISORY PANEL ADVICE.
(a) Importance.--Congress reaffirms the importance of the Aerospace
Safety Advisory Panel in providing advice to the Administrator and
Congress in accordance with the duties prescribed in section 31101 of
title 51, United States Code.
(b) Initial Report.--Not later than 30 days after the date of
enactment of this Act, the Administrator shall report to the Committee
on Science, Space, and Technology of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate on
the extent to which the Administration has followed, intends to follow,
or does not intend to follow the advice in the 2012 Annual Report of
the Aerospace Safety Advisory Panel.
(c) Annual Reports.--Section 31101 of title 51, United States Code,
is amended by striking subsection (e) and inserting the following:
``(e) Panel Annual Report.--The Panel shall submit an annual report
to the Administrator and to Congress. The Panel shall include in such
report an evaluation of the Administration's management and culture
related to safety. Each annual report shall include an evaluation of
the extent to which the Administration follows the Panel's advice.
``(f) Administrator Annual Report.--Not later than 30 days after
each annual report by the Panel under subsection (e), the Administrator
shall report to the Committee on Science, Space, and Technology of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate on the extent to which the Administration
has followed, intends to follow, or does not intend to follow the
Panel's advice.''.
SEC. 216. SPACE COMMUNICATIONS.
(a) Plan.--The Administrator shall develop a plan, in consultation
with relevant Federal agencies, for updating the Administration's space
communications architecture for both low-Earth orbital operations and
deep space exploration so that it is capable of meeting the
Administration's needs over the next 20 years. The plan shall include
lifecycle cost estimates, milestones, estimated performance
capabilities, and 5-year funding profiles. The plan shall also include
an estimate of the amounts of any reimbursements the Administration is
likely to receive from other Federal agencies during the expected life
of the upgrades described in the plan. At a minimum, the plan shall
include a description of the following:
(1) Projected Deep Space Network requirements for the next
20 years, including those in support of human space exploration
missions.
(2) Upgrades needed to support Deep Space Network
requirements, including cost estimates and schedules.
(3) Cost estimates for the maintenance of existing Deep
Space Network capabilities.
(4) Projected Tracking and Data Relay Satellite System
requirements for the next 20 years, including those in support
of other relevant Federal agencies.
(5) Cost and schedule estimates to maintain and upgrade the
Tracking and Data Relay Satellite System to meet projected
requirements.
(6) Steps the Administration is taking to mitigate threats
to electromagnetic spectrum use.
(b) Schedule.--The Administrator shall transmit the plan developed
under this section to the Committee on Science, Space, and Technology
of the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate not later than 1 year after the date
of enactment of this Act.
TITLE III--SCIENCE
Subtitle A--General
SEC. 301. SCIENCE PORTFOLIO.
(a) Balanced and Adequately Funded Activities.--Section 803 of the
National Aeronautics and Space Administration Authorization Act of 2010
(124 Stat. 2832) is amended to read as follows:
``SEC. 803. OVERALL SCIENCE PORTFOLIO; SENSE OF CONGRESS.
``Congress reaffirms its sense, expressed in the National
Aeronautics and Space Administration Authorization Act of 2010, that a
balanced and adequately funded set of activities, consisting of
research and analysis grants programs, technology development, small,
medium, and large space missions, and suborbital research activities,
contributes to a robust and productive science program and serves as a
catalyst for innovation and discovery.''.
(b) Decadal Surveys.--In proposing the funding of programs and
activities for the National Aeronautics and Space Administration for
each fiscal year, the Administrator shall, to the greatest extent
practicable, follow guidance provided in the current decadal surveys
from the National Academies' Space Studies Board.
SEC. 302. ASSESSMENT OF SCIENCE MISSION EXTENSIONS.
Section 30504 of title 51, United States Code, is amended to read
as follows:
``Sec. 30504. Assessment of science mission extensions
``(a) Assessment.--The Administrator shall carry out biennial
reviews within each of the Science divisions to assess the cost and
benefits of extending the date of the termination of data collection
for those missions that exceed their planned mission lifetime. The
assessment shall take into consideration how extending existing
missions impacts the start of future missions.
``(b) Consultation and Consideration of Potential Benefits of
Instruments on Missions.--When deciding whether to extend a mission
that has an operational component, the Administrator shall consult with
any affected Federal agency and shall take into account the potential
benefits of instruments on missions that are beyond their planned
mission lifetime.
``(c) Costs.--If a mission is extended based on consultation
required under subsection (b), the full costs of the extension shall be
paid for by the operational agency or agencies.
``(d) Report.--The Administrator shall transmit to the Committee on
Science, Space, and Technology of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate, at
the same time as the submission to Congress of the President's annual
budget request, a report detailing any assessment required by
subsection (a) that was carried out during the previous year.''.
SEC. 303. RADIOISOTOPE THERMOELECTRIC GENERATORS.
(a) Analysis of Requirements and Risks.--The Administrator, in
consultation with other Federal agencies, shall conduct an analysis
of--
(1) the requirements of the Administration for radioisotope
power system material that is needed to carry out planned, high
priority robotic missions in the solar system and other surface
exploration activities beyond low-Earth orbit; and
(2) the risks to missions of the Administration in meeting
those requirements, or any additional requirements, due to a
lack of adequate radioisotope power system material.
(b) Contents of Analysis.--The analysis conducted under subsection
(a) shall--
(1) detail the Administration's current projected mission
requirements and associated timeframes for radioisotope power
system material;
(2) explain the assumptions used to determine the
Administration's requirements for the material, including--
(A) the planned use of Advanced Stirling
Radioisotope Generator technology;
(B) the status of and timeline for completing
development and demonstration of the Advanced Stirling
Radioisotope Generator technology, including the
development of flight readiness requirements; and
(C) the risks and implications of, and
contingencies for, any delays or unanticipated
technical challenges affecting or related to the
Administration's mission plans for the anticipated use
of Advanced Stirling Radioisotope Generator technology;
(3) assess the risk to the Administration's programs of any
potential delays in achieving the schedule and milestones for
planned domestic production of radioisotope power system
material;
(4) outline a process for meeting any additional
Administration requirements for the material;
(5) estimate the incremental costs required to increase the
amount of material produced each year, if such an increase is
needed to support additional Administration requirements for
the material;
(6) detail how the Administration and other Federal
agencies will manage, operate, and fund production facilities
and the design and development of all radioisotope power
systems used by the Administration and other Federal agencies
as necessary;
(7) specify the steps the Administration will take, in
consultation with the Department of Energy, to preserve the
infrastructure and workforce necessary for production of
radioisotope power systems; and
(8) detail how the Administration has implemented or
rejected the recommendations from the National Research
Council's 2009 report titled ``Radioisotope Power Systems: An
Imperative for Maintaining U.S. Leadership in Space
Exploration''.
(c) Transmittal.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall transmit the results of
the analysis to the Committee on Science, Space, and Technology of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
SEC. 304. CONGRESSIONAL DECLARATION OF POLICY AND PURPOSE.
Section 20102(d) of title 51, United States Code, is amended by
adding at the end the following new paragraph:
``(10) The direction of the unique competence of the
Administration to the search for life's origin, evolution,
distribution, and future in the Universe. In carrying out this
objective, the Administration may use any practicable ground-
based, airborne, or space-based technical means and spectra of
electromagnetic radiation.''.
SEC. 305. UTILIZATION OF INTERNATIONAL SPACE STATION FOR SCIENCE
MISSIONS.
The Administrator shall utilize the International Space Station and
commercial services for Science Mission Directorate missions in low-
Earth orbit wherever it is practical and cost effective to do so.
Subtitle B--Astrophysics
SEC. 311. DECADAL CADENCE.
In carrying out section 301(b), the Administrator shall ensure a
steady cadence of large, medium, and small astrophysics missions.
SEC. 312. EXTRASOLAR PLANET EXPLORATION STRATEGY.
(a) Strategy.--The Administrator shall enter into an arrangement
with the National Academies to develop a science strategy for the study
and exploration of extrasolar planets, including the use of TESS, the
James Webb Space Telescope, WFIRST, or any other telescope, spacecraft,
or instrument as appropriate. Such strategy shall--
(1) outline key scientific questions;
(2) identify the most promising research in the field;
(3) indicate the extent to which the mission priorities in
existing decadal surveys address key extrasolar planet research
goals; and
(4) make recommendations with respect to optimal
coordination with international partners, commercial partners,
and other not-for-profit partners.
(b) Use of Strategy.--The Administrator shall use the strategy to--
(1) inform roadmaps, strategic plans, and other activities
of the Administration as they relate to extrasolar planet
research and exploration; and
(2) provide a foundation for future activities and
initiatives.
(c) Report to Congress.--Not later than 18 months after the date of
enactment of this Act, the National Academies shall transmit a report
to the Administrator, and to the Committee on Science, Space, and
Technology of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate, containing the
strategy developed under subsection (a).
SEC. 313. JAMES WEBB SPACE TELESCOPE.
It is the sense of Congress that the James Webb Space Telescope
program is significant to our understanding of the history of the
universe, including galaxies, stars, and planetary systems, and should
continue to receive priority of funding in accord with the
recommendation of the most recent decadal survey for Astronomy and
Astrophysics of the National Academies' Space Studies Board.
SEC. 314. WIDE-FIELD INFRARED SURVEY TELESCOPE.
The Administrator shall ensure that the development of the Wide-
Field Infrared Survey Telescope continues while the James Webb Space
Telescope is completed.
SEC. 315. NATIONAL RECONNAISSANCE OFFICE TELESCOPE DONATION.
Not later than 90 days after the date of enactment of this Act, the
Administrator shall transmit a report to the Committee on Science,
Space, and Technology of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate outlining the
cost of the Administration's potential plan for developing the Wide-
Field Infrared Survey Telescope as described in the most recent
astronomy and astrophysics decadal survey, including an alternative
plan for the Wide-Field Infrared Survey Telescope 2.4, which includes
the donated 2.4-meter aperture National Reconnaissance Office
telescope. Due to the budget constraints on the Administration's
science programs, this report shall include--
(1) an assessment of affordable approaches to develop the
Wide-Field Infrared Survey Telescope;
(2) a comparison to the development of mission concepts
that exclude the utilization of the donated asset;
(3) an assessment of how the Administration's existing
science missions will be affected by the utilization of the
donated asset described in this section; and
(4) a description of the cost associated with storing and
maintaining the donated asset.
Subtitle C--Planetary Science
SEC. 321. DECADAL CADENCE.
In carrying out section 301(b), the Administrator shall ensure, to
the greatest extent practicable, that the Administration carries out a
balanced set of planetary science programs in accordance with the
priorities established in the most recent decadal survey for planetary
science. Such programs shall include, at a minimum--
(1) a Discovery-class mission at least once every 24
months;
(2) a New Frontiers-class mission at least once every 60
months; and
(3) at least one Flagship-class mission per decadal survey
period, starting with a Europa mission with a goal of launching
by 2021.
SEC. 322. NEAR-EARTH OBJECTS.
(a) Findings.--Congress makes the following findings:
(1) Near-Earth objects pose a serious and credible threat
to humankind, as many scientists believe that a major asteroid
or comet was responsible for the mass extinction of the
majority of the Earth's species, including the dinosaurs,
nearly 65,000,000 years ago.
(2) Similar objects have struck the Earth or passed through
the Earth's atmosphere several times in the Earth's history and
pose a similar threat in the future.
(3) Several such near-Earth objects have only been
discovered within days of the objects' closest approach to
Earth, and recent discoveries of such large objects indicate
that many large near-Earth objects remain to be discovered.
(4) The efforts taken to date by the Administration for
detecting and characterizing the hazards of near-Earth objects
must continue to fully determine the threat posed by such
objects to cause widespread destruction and loss of life.
(b) Definition.--For purposes of this section, the term ``near-
Earth object'' means an asteroid or comet with a perihelion distance of
less than 1.3 Astronomical Units from the Sun.
(c) Near-Earth Object Survey.--The Administrator shall continue to
discover, track, catalogue, and characterize the physical
characteristics of near-Earth objects equal to or greater than 140
meters in diameter in order to assess the threat of such near-Earth
objects to the Earth, pursuant to the George E. Brown, Jr. Near-Earth
Object Survey Act (42 U.S.C. 16691). It shall be the goal of the Survey
program to achieve 90 percent completion of its near-Earth object
catalogue (based on statistically predicted populations of near-Earth
objects) by 2020.
(d) Warning and Mitigation of Potential Hazards of Near-Earth
Objects.--Congress reaffirms the policy set forth in section 20102(g)
of title 51, United States Code (relating to detecting, tracking,
cataloguing, and characterizing asteroids and comets).
(e) Program Report.--The Director of the Office of Science and
Technology Policy and the Administrator shall transmit to the Committee
on Science, Space, and Technology of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate,
not later than 1 year after the date of enactment of this Act, an
initial report that provides--
(1) recommendations for carrying out the Survey program and
an associated proposed budget;
(2) analysis of possible options that the Administration
could employ to divert an object on a likely collision course
with Earth; and
(3) 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.
(f) Annual Reports.--The Administrator shall annually transmit to
the Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report that provides--
(1) a summary of all activities carried out pursuant to
subsection (c) since the date of enactment of this Act; and
(2) a summary of expenditures for all activities carried
out pursuant to subsection (c) since the date of enactment of
this Act.
SEC. 323. ASTROBIOLOGY STRATEGY.
(a) Strategy.--The Administrator shall enter into an arrangement
with the National Academies to develop a science strategy for
astrobiology that would outline key scientific questions, identify the
most promising research in the field, and indicate the extent to which
the mission priorities in existing decadal surveys address the search
for life's origin, evolution, distribution, and future in the Universe.
(b) Use of Strategy.--The Administrator shall use the strategy
developed under subsection (a) in planning and funding research and
other activities and initiatives in the field of astrobiology. The
strategy shall include recommendations for coordination with
international partners.
(c) Report to Congress.--Not later than 18 months after the date of
enactment of this Act, the National Academies shall transmit a report
to the Administrator, and to the Committee on Science, Space, and
Technology of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate, containing the
strategy developed under subsection (a).
SEC. 324. PUBLIC-PRIVATE PARTNERSHIPS.
Not later than 180 days after the date of enactment of this Act,
the Administrator shall transmit to the Committee on Science, Space,
and Technology of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report describing
how the Administration can expand collaborative public-private
partnerships to study life's origin, evolution, distribution, and
future in the Universe.
Subtitle D--Heliophysics
SEC. 331. DECADAL CADENCE.
In carrying out section 301(b), the Administrator shall ensure a
steady cadence of large, medium, and small heliophysics missions.
SEC. 332. REVIEW OF SPACE WEATHER.
(a) Review.--The Director of the Office of Science and Technology
Policy, in consultation with the Administrator, the Administrator of
the National Oceanic and Atmospheric Administration, the Director of
the National Science Foundation, the Secretary of Defense, the
Secretary of Energy, and the Secretary of Homeland Security, shall
enter into an arrangement with the National Academies to provide a
comprehensive study that reviews current and planned space weather
monitoring requirements and capabilities. The study shall inform the
process of identifying national needs for future space weather
monitoring and mitigation. The National Academies shall give
consideration to international and private sector efforts and
collaboration. The study shall also review the current state of
research capabilities in observing, modeling, and prediction and
provide recommendations to ensure future advancement of predictive
capability.
(b) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, the National Academies shall transmit a report
to the Administrator, and to the Committee on Science, Space, and
Technology of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate, containing the
results of the study provided under subsection (a).
SEC. 333. DEEP SPACE CLIMATE OBSERVATORY.
(a) Integrating Sensors.--The Administrator may not integrate or
fund the development of any sensor on the Deep Space Climate
Observatory (DSCOVR) that is not aligned with the spacecraft's original
space weather mission requirements.
(b) Algorithms.--The Administration may not develop or implement
algorithms, or any other applications or products, that--
(1) are not aligned with the Deep Space Climate Observatory
mission's intended space weather requirements; or
(2) enable ``Earth at noon'' images from the spacecraft.
Subtitle E--Earth Science
SEC. 341. GOAL.
(a) In General.--Recognizing the contributions that Earth science
and remote sensing have made to society over the last 50 years, the
Administration shall continue to develop first-of-a-kind instruments
that, once proved, can be transitioned to other agencies for
operations.
(b) Amendment.--Section 60501 of title 51, United States Code, is
amended by inserting ``In order to accomplish this goal, the
Administrator shall conduct research and development on new sensors and
instruments that will mitigate the risks associated with the
development of operational systems and long-term data continuity
requirements by other agencies. The Administration shall not be
responsible for the development of operational Earth science systems,
including satellite, sensor, or instrument development, acquisition,
and operations, as well as product development and data analysis,
unless such work is conducted on a reimbursable basis that accounts for
the full cost of the work. The Administrator shall use the Joint Agency
Satellite Division structure, or a direct successor thereto, to manage
this process on a fully reimbursable basis.'' after ``Earth
observations-based research program.''.
SEC. 342. DECADAL CADENCE.
In carrying out section 301(b), the Administrator shall ensure a
steady cadence of large, medium, and small Earth science missions.
SEC. 343. RESEARCH TO OPERATIONS.
Section 60502(a) of title 51, United States Code, is amended by
inserting ``Operational responsibility for Earth science or space
weather missions or sensors may not be transferred from any other
Federal agency to the Administration, except as specifically authorized
by law.'' after ``execute the transitions.''.
SEC. 344. INTERAGENCY COORDINATION.
(a) Amendments.--Section 60505 of title 51, United States Code, is
amended--
(1) in the section heading, by inserting ``and other
Federal agencies'' after ``Atmospheric Administration'';
(2) in subsection (a)--
(A) by striking ``and the Administrator of the
National Oceanic and Atmospheric Administration'' and
inserting ``, the Administrator of the National Oceanic
and Atmospheric Administration, and the heads of other
relevant Federal agencies''; and
(B) by striking ``the two agencies'' and inserting
``each of those agencies'';
(3) in subsection (b)--
(A) by striking ``and the Administrator of the
National Oceanic and Atmospheric Administration'' and
inserting ``, the Administrator of the National Oceanic
and Atmospheric Administration, and the heads of other
relevant Federal agencies'';
(B) by striking ``Committee on Science and
Technology'' and inserting ``Committee on Science,
Space, and Technology''; and
(C) by striking ``and the National Oceanic and
Atmospheric Administration'' and inserting ``, the
National Oceanic and Atmospheric Administration, and
other relevant Federal agencies''; and
(4) in subsection (d), by striking ``Administration Earth
science mission'' and all that follows through the period and
inserting ``Earth science mission or Earth observing system to
or from the National Oceanic and Atmospheric Administration,
any other Federal agency, or the Administration, or to or from
other stakeholders, until the plans required under subsection
(c) have been approved by the Administrator, the Administrator
of the National Oceanic and Atmospheric Administration, and the
heads of other relevant Federal agencies, and until financial
resources have been identified to support the transition or
transfer in the President's annual budget request for the
National Oceanic and Atmospheric Administration, the
Administration, or other relevant agencies. Operational
responsibility for Earth science programs may not be
transferred from any other Federal agency to the
Administration, except as specifically authorized by law.''.
(b) Conforming Amendment.--The item relating to section 60505 in
the table of sections for chapter 605 of title 51, United States Code,
is amended to read as follows:
``60505. Coordination with the National Oceanic and Atmospheric
Administration and other Federal
agencies.''.
SEC. 345. JOINT POLAR SATELLITE SYSTEM CLIMATE SENSORS.
The Administration shall not be responsible for the development of
Joint Polar Satellite System climate sensors, including the Total Solar
Irradiance Sensor (TSIS-2), the Ozone Mapping and Profiler Suite-Limb
(OMPS-L), or the Clouds and Earth Radiant Energy System (CERES-C). Any
effort by the Administration related to this work shall be conducted on
a fully reimbursable basis and executed by the Administration's Joint
Agency Satellite Division or a direct successor thereto.
SEC. 346. LAND IMAGING.
(a) Reaffirmation of Policy.--Congress reaffirms the finding in
section 2(1) of the Land Remote Sensing Policy Act of 1992 (15 U.S.C.
5601(1)), which states that ``The continuous collection and utilization
of land remote sensing data from space are of major benefit in studying
and understanding human impacts on the global environment, in managing
the Earth's natural resources, in carrying out national security
functions, and in planning and conducting many other activities of
scientific, economic, and social importance.''.
(b) Continuous Land Remote Sensing Data Collection.--The Director
of the Office of Science and Technology Policy shall take steps in
consultation with other relevant Federal agencies to ensure, to the
maximum extent practicable, the continuous collection of space-based,
medium-resolution observations of the Earth's land cover, and to ensure
that the data are made available in such ways as to facilitate the
widest possible use.
(c) Definition of Land Imaging Capabilities.--The Administrator may
not initiate the definition of requirements for land imaging
capabilities unless such work is conducted on a fully reimbursable
basis and executed by the Administration's Joint Agency Satellite
Division or a direct successor thereto.
SEC. 347. SOURCES OF EARTH SCIENCE DATA.
(a) Acquisition.--The Administrator shall, to the extent possible
and while satisfying the scientific or educational requirements of the
Administration and, where appropriate, of other Federal agencies and
scientific researchers, acquire, where cost effective, space-based and
airborne Earth remote sensing data, services, distribution, and
applications from non-Federal providers.
(b) Treatment as Commercial Item Under Acquisition Laws.--
Acquisitions by the Administrator of the data, services, distribution,
and applications referred to in subsection (a) shall be carried out in
accordance with applicable acquisition laws and regulations (including
chapters 137 and 140 of title 10, United States Code). For purposes of
such laws and regulations, such data, services, distribution, and
applications shall be considered to be commercial items. Nothing in
this subsection shall be construed to preclude the United States from
acquiring, through contracts with commercial providers, sufficient
rights in data to meet the needs of the scientific and educational
community or the needs of other government activities.
(c) Safety Standards.--Nothing in this section shall be construed
to prohibit the Federal Government from requiring compliance with
applicable safety standards.
(d) Report.--Not later than 180 days after the date of enactment of
the Act, the Administrator shall submit a report to the Committee on
Science, Space, and Technology of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate on the
Administration's efforts to carry out this section.
TITLE IV--AERONAUTICS
SEC. 401. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) a robust aeronautics research portfolio will help
maintain the United States status as a leader in aviation;
(2) aeronautics research is essential to the
Administration's mission; and
(3) the Administrator should coordinate and consult with
relevant Federal agencies and the private sector to minimize
duplication and leverage resources.
SEC. 402. UNMANNED AERIAL SYSTEMS RESEARCH AND DEVELOPMENT.
(a) In General.--The Administrator, in consultation with the
Administrator of the Federal Aviation Administration and other Federal
agencies, shall direct research and technological development to
facilitate the safe integration of unmanned aerial systems into the
National Airspace System, including--
(1) positioning and navigation systems;
(2) sense and avoid capabilities;
(3) secure data and communication links;
(4) flight recovery systems; and
(5) human systems integration.
(b) Roadmap.--The Administrator shall update a roadmap for unmanned
aerial systems research and development and transmit this roadmap to
the Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate not later than 90 days after the date of
enactment of this Act.
(c) Cooperative Unmanned Aerial Vehicle Activities.--Section 31504
of title 51, United States Code, is amended by inserting ``Operational
flight data derived from these cooperative agreements shall be made
available, in appropriate and usable formats, to the Administration and
the Federal Aviation Administration for the development of regulatory
standards.'' after ``in remote areas.''.
SEC. 403. RESEARCH PROGRAM ON COMPOSITE MATERIALS USED IN AERONAUTICS.
(a) Consultation.--The Administrator, in overseeing the
Administration's Integrated Systems Research Program's work on
composite materials, shall consult with relevant Federal agencies and
partners in industry to accelerate safe development and certification
processes for new composite materials and design methods while
maintaining rigorous inspection of new composite materials.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Administrator shall transmit a report to the Committee on
Science, Space, and Technology of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate
detailing the Administration's work on new composite materials and the
coordination efforts among Federal agencies.
SEC. 404. HYPERSONIC RESEARCH.
Not later than 1 year after the date of enactment of this Act, the
Administrator, in consultation with other Federal agencies, shall
develop and transmit to the Committee on Science, Space, and Technology
of the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a research and development roadmap for
hypersonic aircraft research with the objective of exploring hypersonic
science and technology using air-breathing propulsion concepts, through
a mix of theoretical work, basic and applied research, and development
of flight research demonstration vehicles. The roadmap shall prescribe
appropriate agency contributions, coordination efforts, and technology
milestones.
SEC. 405. SUPERSONIC RESEARCH.
Not later than 1 year after the date of enactment of this Act, the
Administrator shall develop and transmit to the Committee on Science,
Space, and Technology of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate a roadmap that
allows for flexible funding profiles, for supersonic aeronautics
research and development with the objective of developing and
demonstrating, in a relevant environment, airframe and propulsion
technologies to minimize the environmental impact, including noise, of
supersonic overland flight in an efficient and economical manner. The
roadmap shall include--
(1) a status report on the Administration's existing
research on supersonic flight;
(2) a list of specific technological, environmental, and
other challenges that must be overcome to minimize the
environmental impact, including noise, of supersonic overland
flight;
(3) a research plan to address such challenges, as well as
a project timeline for accomplishing relevant research goals;
and
(4) a plan for coordination with stakeholders, including
relevant government agencies and industry.
SEC. 406. RESEARCH ON NEXTGEN AIRSPACE MANAGEMENT CONCEPTS AND TOOLS.
(a) In General.--The Administrator shall, in consultation with
other Federal agencies, review at least annually the alignment and
timing of the Administration's research and development activities in
support of the NextGen airspace management modernization initiative,
and shall make any necessary adjustments by reprioritizing or
retargeting the Administration's research and development activities in
support of the NextGen initiative.
(b) Annual Reports.--The Administrator shall report to the
Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate annually regarding the progress of the
Administration's research and development activities in support of the
NextGen airspace management modernization initiative, including details
of consultation with the Federal Aviation Administration and any
adjustments made to research activities.
SEC. 407. ROTORCRAFT RESEARCH.
Not later than 1 year after the date of enactment of this Act, the
Administrator, in consultation with other Federal agencies, shall
prepare and transmit to the Committee on Science, Space, and Technology
of the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a plan for research relating to
rotorcraft and other runway-independent air vehicles, with the
objective of developing and demonstrating improved safety, noise, and
environmental impact in a relevant environment. The plan shall include
specific goals for the research, a timeline for implementation, metrics
for success, and guidelines for collaboration and coordination with
industry and other Federal agencies.
TITLE V--SPACE TECHNOLOGY
SEC. 501. SPACE TECHNOLOGY.
(a) Findings.--Congress finds the following:
(1) The Space Technology Mission Directorate created by the
Administration is lacking an organic statutory authorization
and in need of congressional direction.
(2) In order to appropriately prioritize the
Administration's resources to accomplish its goals and
purposes, the Space Technology Mission Directorate needs to be
reorganized as provided in the amendments made by this section.
(3) Projects, programs, and activities currently within the
Exploration Research and Development program should continue as
planned as part of the Human Exploration and Operations Mission
Directorate.
(b) Space Technology Program.--
(1) Amendment.--Section 70507 of title 51, United States
Code, is amended to read as follows:
``Sec. 70507. Space Technology Program authorized
``(a) Program Authorized.--The Administrator shall establish,
within the office of the Administrator, a Space Technology Program to
pursue the development of technologies that enable exploration of the
solar system or advanced space science throughout the various elements
of the Administration.
``(b) Small Business Programs.--The Administrator shall organize
and manage the Administration's Small Business Innovation Research
program and Small Business Technology Transfer program within the Space
Technology Program.
``(c) Nonduplication Certification.--The Administrator shall
include in the budget for each fiscal year, as transmitted to Congress
under section 1105(a) of title 31, a certification that no project,
program, or mission undertaken by the Space Technology Program is
independently under development by any other office or directorate of
the Administration.''.
(2) Table of sections amendment.--The item relating to
section 70507 in the table of sections for chapter 705 of title
51, United States Code, is amended to read as follows:
``70507. Space Technology Program authorized.''.
SEC. 502. UTILIZATION OF THE INTERNATIONAL SPACE STATION FOR TECHNOLOGY
DEMONSTRATIONS.
The Administrator shall utilize the International Space Station and
commercial services for Space Technology Demonstration missions in low-
Earth orbit wherever it is practical and cost effective to do so.
TITLE VI--EDUCATION
SEC. 601. EDUCATION.
(a) In General.--The Administration shall continue its education
and outreach efforts to--
(1) increase student interest and participation in Science,
Technology, Engineering, and Mathematics (``STEM'') education;
(2) improve public literacy in STEM;
(3) employ proven strategies for improving student learning
and teaching;
(4) provide curriculum support materials; and
(5) create and support opportunities for professional
development for STEM teachers.
(b) Organization.--In order to ensure the inspiration and
engagement of children and the general public, the Administration shall
continue its STEM education and outreach activities within the Science,
Aeronautics Research, Space Operations, and Exploration Mission
Directorates. Funds devoted to education and public outreach shall be
maintained in the Directorates, and the consolidation of these
activities into the Education Directorate is prohibited.
(c) Prohibition.--The Administration may not implement any proposed
STEM education and outreach-related changes proposed in the budget for
fiscal year 2014 transmitted to Congress under section 1105(a) of title
31, United States Code.
(d) Continuation of Space Grant Program.--The Administrator shall
continue to operate the National Space Grant College and Fellowship
program through a national network consisting of a State-based
consortium in each State that provides flexibility to the States, with
the objective of providing hands-on research, training, and education
programs, with measurable outcomes, to enhance America's STEM education
and workforce.
(e) Reaffirmation of Policy.--Congress reaffirms its commitment to
informal science education at science centers and planetariums as set
forth in section 616 of the National Aeronautics and Space
Administration Authorization Act of 2005 (51 U.S.C. 40907).
SEC. 602. INDEPENDENT REVIEW OF THE NATIONAL SPACE GRANT COLLEGE AND
FELLOWSHIP PROGRAM.
(a) Sense of Congress.--It is the sense of Congress that the
National Space Grant College and Fellowship Program, which was
established in the National Aeronautics and Space Administration
Authorization Act of 1988 (42 U.S.C. 2486 et seq.), has been an
important program by which the Federal Government has partnered with
State and local governments, universities, private industry, and other
organizations to enhance the understanding and use of space and
aeronautics activities and their benefits through education, fostering
of interdisciplinary and multidisciplinary space research and training,
and supporting Federal funding for graduate fellowships in space-
related fields, among other purposes.
(b) Review.--The Administrator shall enter into an arrangement with
the National Academies for--
(1) a review of the National Space Grant College and
Fellowship Program, including its structure and capabilities
for supporting science, technology, engineering, and
mathematics education and training consistent with the National
Science and Technology Council's Federal Science, Technology,
Engineering, and Mathematics (STEM) Education 5-Year Strategic
Plan; and
(2) recommendations on measures, if needed, to enhance the
Program's effectiveness and mechanisms by which any increases
in funding appropriated by Congress can be applied.
(c) National Space Grant College and Fellowship Program
Amendments.--
(1) Purposes.--Section 40301 of title 51, United States
Code, is amended--
(A) by striking ``and'' at the end of paragraph
(5);
(B) by striking the period at the end of paragraph
(6) and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(7) support outreach to primary and secondary schools to
help support STEM engagement and learning at the K-12 level and
to encourage K-12 students to pursue postsecondary degrees in
fields related to space.''.
(2) Regional consortium.--Section 40306(a) of title 51,
United States Code, is amended--
(A) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively; and
(B) by inserting after paragraph (1) the following
new paragraph:
``(2) Inclusion of 2-year institutions.--A space grant
regional consortium designated in paragraph (1)(B) may include
one or more 2-year institutions of higher education.''.
TITLE VII--POLICY PROVISIONS
SEC. 701. ASTEROID RETRIEVAL MISSION.
(a) In General.--Consistent with the policy stated in section
201(b), the Administrator may not fund the development of an asteroid
retrieval mission to send a robotic spacecraft to a near-Earth asteroid
for rendezvous, retrieval, and redirection of that asteroid to lunar
orbit for exploration by astronauts.
(b) Asteroid Survey.--The Administration may not pursue a program
to search for asteroids of 20 meters or less in diameter unless the
survey program described in section 322(c) is at least 90 percent
complete.
(c) Report.--Not later than 180 days after the date of enactment of
this Act, the Administrator shall provide to the Committee on Science,
Space, and Technology of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate a report on the
proposed Asteroid Retrieval Mission. Such report shall include--
(1) a detailed budget profile, including cost estimates for
the development of all necessary technologies and spacecraft
required for the mission;
(2) a detailed technical plan that includes milestones and
a specific schedule;
(3) a description of the technologies and capabilities
anticipated to be gained from the proposed mission that will
enable future human missions to Mars which could not be gained
by lunar missions;
(4) a description of the technologies and capabilities
anticipated to be gained from the proposed mission that will
enable future planetary defense missions, against impact
threats from near-Earth objects equal to or greater than 140
meters in diameter, which could not be gained by current or
planned missions; and
(5) a complete review by the Small Bodies Assessment Group
and the NASA Advisory Council that includes a recommendation to
Congress on the feasibility of the mission as proposed by the
Administration.
SEC. 702. TERMINATION LIABILITY.
(a) Findings.--Congress makes the following findings:
(1) The International Space Station, the Space Launch
System, and the Orion crew capsule will enable the Nation to
continue operations in low-Earth orbit and to send its
astronauts to deep space. The James Webb Space Telescope will
revolutionize our understanding of star and planet formation
and how galaxies evolved and advance the search for the origins
of our universe. As a result of their unique capabilities and
their critical contribution to the future of space exploration,
these systems have been designated by Congress and the
Administration as priority investments.
(2) While the Space Launch System and the Orion programs,
currently under development, have made significant progress,
they have not been funded at levels authorized, and as a result
congressionally authorized milestones will be delayed by
several years.
(3) Although the James Webb Space Telescope is making
steady progress towards its scheduled 2018 launch, it confronts
a number of challenging integration tests that will stress a
congressionally imposed development cost cap.
(4) In addition, contractors are currently holding program
funding, estimated to be in the hundreds of millions of
dollars, to cover the potential termination liability should
the Government choose to terminate a program for convenience.
As a result, hundreds of millions of taxpayer dollars are
unavailable for meaningful work on these programs.
(5) According to the Government Accountability Office, the
Administration procures most of its goods and services through
contracts, and it terminates very few of them. In fiscal year
2010, the Administration terminated 28 of 16,343 active
contracts and orders--a termination rate of about 0.17 percent.
(6) Providing processes requiring congressional action on
termination of these high-priority programs would enable
contractors to apply taxpayer dollars to making maximum
progress in meeting the established technical goals and
schedule milestones of these programs.
(b) NASA Termination Liability.--
(1) General rule.--Termination liability costs for a
covered program shall be provided only pursuant to this
subsection.
(2) Prohibition on reserving funds.--The Administrator may
not reserve funds from amounts appropriated for a covered
program, or require the reservation of funds by the prime
contractor, for potential termination liability costs with
respect to a covered program.
(3) Intent of congress.--It is the intent of Congress that
funds authorized to be appropriated for covered programs be
applied in meeting established technical goals and schedule
milestones.
(4) Application of prior reserved funds.--Funds that have
been reserved before the date of enactment of this Act for
potential termination liability shall be promptly used to make
maximum progress in meeting the established goals and
milestones of the covered program.
(5) Notification.--The Administrator shall notify the
Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate not later than 120 days in advance
of initiating termination for convenience or termination for
cause of a prime contract on a covered program.
(6) Supplemental appropriation request.--
(A) Request.--If the Administrator initiates
termination of a prime contract on a covered program
pursuant to paragraph (5), and sufficient unobligated
appropriations are not available to cover termination
liability costs in the appropriations account that is
funding the prime contract being terminated, the
Administrator shall provide to Congress a notification
that an authorization of appropriations is necessary
not later than 120 days in advance of the proposed
contract termination settlement for the covered
program.
(B) Intent of congress.--It is the intent of
Congress to provide additional authorization for
appropriations as may be necessary to pay termination
liability costs on prime contracts for covered programs
if Congress deems it appropriate that the
Administration terminate such prime contracts. The
Administration shall be responsible for applying these
additional funds for payment of all allowable and
reasonable negotiated termination liability costs if
the Administration terminates a prime contract for a
covered program. If the Administration terminates a
prime contract for a covered program for the
convenience of the Federal Government, then the Federal
Government is responsible for payment of all allowable
and reasonable negotiated termination liability costs
on the prime contract.
(c) Reporting.--Not later than 6 months after the date of enactment
of this Act, and every 6 months thereafter for the duration of the
prime contracts on covered programs, the Administrator shall transmit
to the Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report that provides--
(1) the estimated termination liability costs for each of
the prime contracts; and
(2) the basis for how such estimate was determined.
(d) Definitions.--For purposes of this section:
(1) Covered program.--The term ``covered program'' means
the International Space Station, the Space Launch System, the
Orion crew capsule, and the James Webb Space Telescope.
(2) Prime contract.--The term ``prime contract'' means a
contract entered directly between a person or entity and the
Federal Government for the performance of all or the majority
of the responsibilities for developing, integrating, fielding,
operating, or sustaining a covered program.
(3) Prime contractor.--The term ``prime contractor'' means
a person or entity contracting directly with the Federal
Government on a covered program.
(4) Termination liability costs.--The term ``termination
liability costs'' means any costs incurred by a prime
contractor, or by any subcontractor of a prime contractor, for
which the Federal Government is liable as a result of
termination of a prime contract by the Administrator.
SEC. 703. BASELINE AND COST CONTROLS.
Section 30104 of title 51, United States Code, is amended--
(1) in subsection (a)(1), by striking ``Procedural
Requirements 7120.5c, dated March 22, 2005'' and inserting
``Procedural Requirements 7120.5E, dated August 14, 2012''; and
(2) in subsection (f), by striking ``beginning 18 months
after the date the Administrator transmits a report under
subsection (e)(1)(A)'' and inserting ``beginning 18 months
after the Administrator makes such determination''.
SEC. 704. PROJECT AND PROGRAM RESERVES.
To ensure that the establishment, maintenance, and allotment of
project and program reserves contribute to prudent management, not
later than 180 days after the date of enactment of this Act, the
Administrator shall transmit to the Committee on Science, Space, and
Technology of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report describing
the Administration's criteria for establishing the amount of reserves
at the project and program levels and how such criteria complement the
Administration's policy of budgeting at a 70-percent confidence level.
SEC. 705. INDEPENDENT REVIEWS.
Not later than 270 days after the date of enactment of this Act,
the Administrator shall transmit to the Committee on Science, Space,
and Technology of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report describing
the Administration's procedures for conducting independent reviews of
projects and programs at lifecycle milestones and how the
Administration ensures the independence of the individuals who conduct
those reviews prior to their assignment.
SEC. 706. SPACE ACT AGREEMENTS.
(a) Cost Sharing.--To the extent that the Administrator determines
practicable, the funds provided by the Government under a funded Space
Act Agreement shall not exceed the total amount provided by other
parties to the Space Act Agreement.
(b) Need.--A funded Space Act Agreement may be used only when the
use of a standard contract, grant, or cooperative agreement is not
feasible or appropriate, as determined by the Associate Administrator
for Procurement.
(c) Public Notice and Comment.--The Administrator shall make
available for public notice and comment each proposed Space Act
Agreement at least 30 days before entering into such agreement, with
appropriate redactions for proprietary, sensitive, or classified
information.
(d) Transparency.--The Administrator shall publicly disclose on the
Administration's website and make available in a searchable format all
Space Act Agreements, with appropriate redactions for proprietary,
sensitive, or classified information, not later than 60 days after such
agreement is signed.
(e) Authorization.--The Administrator may not enter into a funded
Space Act Agreement for an amount in excess of $50,000,000 unless such
agreement has been specifically authorized by law.
(f) Annual Report.--
(1) Requirement.--Not later than 90 days after the end of
each fiscal year, the Administrator shall submit to the
Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the use of Space Act
Agreement authority by the Administration during the previous
fiscal year.
(2) Contents.--The report shall include for each Space Act
Agreement in effect at the time of the report--
(A) an indication of whether the agreement is a
reimbursable, nonreimbursable, or funded Space Act
Agreement;
(B) a description of--
(i) the subject and terms;
(ii) the parties;
(iii) the responsible--
(I) mission directorate;
(II) center; or
(III) headquarters element;
(iv) the value;
(v) the extent of the cost sharing among
Federal Government and non-Federal sources;
(vi) the time period or schedule; and
(vii) all milestones; and
(C) an indication of whether the agreement was
renewed during the previous fiscal year.
(3) Anticipated agreements.--The report shall also include
a list of all anticipated reimbursable, nonreimbursable, and
funded Space Act Agreements for the upcoming fiscal year.
(4) Cumulative program benefits.--The report shall also
include, with respect to the Space Act Agreements covered by
the report, a summary of--
(A) the technology areas in which research projects
were conducted under such agreements;
(B) the extent to which the use of the Space Act
Agreements--
(i) has contributed to a broadening of the
technology and industrial base available for
meeting Administration needs; and
(ii) has fostered within the technology and
industrial base new relationships and practices
that support the United States; and
(C) the total amount of value received by the
Federal Government during the fiscal year pursuant to
such Space Act Agreements.
SEC. 707. HUMAN SPACEFLIGHT ACCIDENT INVESTIGATIONS.
Section 70702(a) of title 51, United States Code, is amended by
striking paragraph (3) and inserting the following:
``(3) any other space vehicle carrying humans that is owned
by the Federal Government or that is being used pursuant to a
contract or Space Act Agreement, as defined in section 2 of the
National Aeronautics and Space Administration Authorization Act
of 2014 with the Federal Government; or''.
SEC. 708. COMMERCIAL TECHNOLOGY TRANSFER PROGRAM.
Section 50116(a) of title 51, United States Code, is amended by
inserting ``, while protecting national security'' after ``research
community''.
SEC. 709. ORBITAL DEBRIS.
(a) Finding.--Congress finds that orbital debris poses serious
risks to the operational space capabilities of the United States and
that an international consensus and strategic plan is needed to
mitigate the growth of orbital debris wherever possible, as well as the
status of any orbital debris mitigation concepts and technological
options that have been developed or funded by any Federal agency in the
past 5 years, or that otherwise show significant promise, in the near-
term, to mitigate orbital debris.
(b) Reports.--
(1) Coordination.--Not later than 90 days after the date of
enactment of this Act, the Administrator shall provide the
Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate with a report on the status of
efforts to coordinate with countries within the Inter-Agency
Space Debris Coordination Committee to mitigate the effects and
growth of orbital debris as required by section 1202(b)(1) of
the National Aeronautics and Space Administration Authorization
Act of 2010 (42 U.S.C. 18441(b)(1)).
(2) Mitigation strategy.--Not later than 90 days after the
date of enactment of this Act, the Director of the Office of
Science and Technology Policy shall provide the Committee on
Science, Space, and Technology of the House of Representatives
and the Committee on Commerce, Science, and Transportation of
the Senate with a report on the status of the orbital debris
mitigation strategy required under section 1202(b)(2) of the
National Aeronautics and Space Administration Authorization Act
of 2010 (42 U.S.C. 18441(b)(2)).
SEC. 710. NASA ADVISORY COUNCIL.
(a) Establishment.--Subchapter II of chapter 201 of title 51,
United States Code, is amended by adding at the end the following new
section:
``Sec. 20118. NASA Advisory Council
``(a) Establishment.--There shall be established a NASA Advisory
Council (in this section referred to as `the Council') for the
Administration in accordance with this section, not later than 9 months
after the date of enactment of this section.
``(b) Membership and Appointment.--The Council shall consist of 11
members to be appointed as follows:
``(1) 5 members shall be appointed by the President.
``(2) 2 members shall be appointed by the President pro
tempore of the Senate.
``(3) 1 member shall be appointed by the minority leader of
the Senate.
``(4) 2 members shall be appointed by the Speaker of the
House of Representatives.
``(5) 1 member shall be appointed by the minority leader of
the House of Representatives.
In addition to the members appointed under paragraphs (1) through (5),
the Administrator shall be an ex officio, nonvoting member of the
Council. Members of the Council shall comply with the Federal Advisory
Committee Act (5 U.S.C. App.) and the Ethics in Government Act of 1978
(5 U.S.C. App.).
``(c) Qualifications.--The persons appointed as members of the
Council shall be--
``(1) former astronauts or scientists or engineers eminent
in the fields of human spaceflight, planetary science, space
science, Earth science, aeronautics, or disciplines related to
space exploration and aeronautics, including other scientific,
engineering, or business disciplines;
``(2) selected on the basis of established records of
distinguished service; and
``(3) so selected as to provide representation of the views
of engineering, science, and aerospace leaders in all areas of
the Nation.
``(d) Terms.--The term of office of each member of the Council
shall be 6 years.
``(e) Meetings.--The Council shall meet two times annually at
minimum and at such other times as the Chairman may determine, but the
Chairman shall also call a meeting whenever one-third of the members so
request in writing. The Council shall adopt procedures governing the
conduct of its meetings, including delivery of notice and a definition
of a quorum, which in no case shall be less than one-half plus one of
the members of the Council.
``(f) Chairman and Vice Chairman.--The Chairman and Vice Chairman
of the Council shall be elected by a majority vote of the Council for a
two-year term. A member may serve as Chairman and Vice Chairman for up
to three terms. The Vice Chairman shall perform the duties of the
Chairman in his absence. If a vacancy occurs in the chairmanship or
vice chairmanship, the Council shall elect a member to fill such
vacancy.
``(g) Staff.--The Administrator shall support the Council with
professional staff to provide for the performance of such duties as may
be prescribed by the Council.
``(h) Committees.--The Council is authorized to appoint from among
its members such committees as it deems necessary and to assign to
committees so appointed such survey and advisory functions as the
Council deems appropriate to assist it in exercising its powers and
functions.
``(i) Functions.--
``(1) Budget proposal.--
``(A) Review of proposal.--Not later than October
15 of each year, the Council shall have reviewed the
Administration's proposed budget for the next fiscal
year and shall provide to the President their advice
based on the best professional judgment of a majority
of members. Portions of Council meetings in which the
Council considers the budget proposal for the next
fiscal year may be closed to the public until the
Council submits the proposal to the President and
Congress.
``(B) Advice to congressional committees.--Not
later than 14 days following the President's budget
submittal to Congress for the next fiscal year, the
Council shall provide to the Committee on Science,
Space, and Technology of the House of Representatives
and the Committee on Commerce, Science, and
Transportation of the Senate their advice based on the
best professional judgment of a majority of members.
``(2) Advice to the president and congress.--The Council
shall report their findings, advice, and recommendations to the
President and Congress on matters of particular policy interest
on space exploration and aeronautics based on the best
professional judgment of a majority of members.''.
(b) Table of Sections.--The table of sections for chapter 201 of
title 51, United States Code, is amended by adding at the end of the
items for subchapter II the following new item:
``20118. NASA Advisory Council.''.
(c) Consultation and Advice.--Section 20113(g) of title 51, United
States Code, is amended by inserting ``and Congress'' after ``advice to
the Administration''.
SEC. 711. COST ESTIMATION.
(a) Report.--Not later than 90 days after the date of enactment of
this Act, the Administrator shall transmit to the Committee on Science,
Space, and Technology of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate a report on
current and continuing efforts to implement more effective cost-
estimation practices.
(b) Elements.--The report required under subsection (a) shall
include--
(1) a list of steps the Administration is undertaking to
advance consistent implementation of the joint cost and
schedule level (JCL) process; and
(2) a description of mechanisms the Administration is using
and will continue to use to ensure that adequate resources are
dedicated to cost estimation.
SEC. 712. DETECTION AND AVOIDANCE OF COUNTERFEIT ELECTRONIC PARTS.
(a) Regulations.--
(1) In general.--Not later than 270 days after the date of
the enactment of this Act, the Administrator shall revise the
NASA Supplement to the Federal Acquisition Regulation to
address the detection and avoidance of counterfeit electronic
parts.
(2) Contractor responsibilities.--The revised regulations
issued pursuant to paragraph (1) shall provide that--
(A) Administration contractors who supply
electronic parts or products that include electronic
parts are responsible for detecting and avoiding the
use or inclusion of counterfeit electronic parts or
suspect counterfeit electronic parts in such products
and for any rework or corrective action that may be
required to remedy the use or inclusion of such parts;
and
(B) the cost of counterfeit electronic parts and
suspect counterfeit electronic parts and the cost of
rework or corrective action that may be required to
remedy the use or inclusion of such parts are not
allowable costs under Agency contracts, unless
(i) the covered contractor has an
operational system to detect and avoid
counterfeit parts and suspect counterfeit
electronic parts that has been reviewed and
approved by the Administration or the
Department of Defense;
(ii) the covered contractor provides timely
notice to the Administration pursuant to
paragraph (4); or
(iii) the counterfeit electronic parts or
suspect counterfeit electronic parts were
provided to the contractor as Government
property in accordance with part 45 of the
Federal Acquisition Regulation.
(3) Suppliers of electronic parts.--The revised regulations
issued pursuant to paragraph (1) shall--
(A) require that the Administration and
Administration contractors and subcontractors at all
tiers--
(i) obtain electronic parts that are in
production or currently available in stock from
the original manufacturers of the parts or
their authorized dealers, or from suppliers who
obtain such parts exclusively from the original
manufacturers of the parts or their authorized
dealers; and
(ii) obtain electronic parts that are not
in production or currently available in stock
from suppliers that meet qualification
requirements established pursuant to
subparagraph (C);
(B) establish documented requirements consistent
with published industry standards or Government
contract requirements for--
(i) notification of the Administration; and
(ii) inspection, testing, and
authentication of electronic parts that the
Administration or an Administration contractor
or subcontractor obtains from any source other
than a source described in subparagraph (A);
(C) establish qualification requirements,
consistent with the requirements of section 2319 of
title 10, United States Code, pursuant to which the
Administration may identify suppliers that have
appropriate policies and procedures in place to detect
and avoid counterfeit electronic parts and suspect
counterfeit electronic parts; and
(D) authorize Administration contractors and
subcontractors to identify and use additional suppliers
beyond those identified pursuant to subparagraph (C),
provided that--
(i) the standards and processes for
identifying such suppliers comply with
established industry standards;
(ii) the contractor or subcontractor
assumes responsibility for the authenticity of
parts provided by such suppliers as provided in
paragraph (2); and
(iii) the selection of such suppliers is
subject to review and audit by appropriate
Administration officials.
(4) Timely notification.--The revised regulations issued
pursuant to paragraph (1) shall require that any Administration
contractor or subcontractor who becomes aware, or has reason to
suspect, that any end item, component, part, or material
contained in supplies purchased by the Administration, or
purchased by a contractor or subcontractor for delivery to, or
on behalf of, the Administration, contains counterfeit
electronic parts or suspect counterfeit electronic parts, shall
provide notification to the applicable Administration
contracting officer within 30 calendar days.
(b) Definitions.--In this section, the term ``electronic part''
means a discrete electronic component, including a microcircuit,
transistor, capacitor, resistor, or diode that is intended for use in a
safety or mission critical application.
SEC. 713. PROHIBITION ON USE OF FUNDS FOR CONTRACTORS THAT HAVE
COMMITTED FRAUD OR OTHER CRIMES.
None of the funds authorized to be appropriated or otherwise made
available for fiscal year 2014 or any fiscal year thereafter for the
Administration may be used to enter into a contract with any offeror or
any of its principals if the offeror certifies, pursuant to the Federal
Acquisition Regulation, that the offeror or any of its principals--
(1) within a three-year period preceding this offer has
been convicted of or had a civil judgment rendered against it
for--
(A) commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or
performing a public (Federal, State, or local) contract
or subcontract;
(B) violation of Federal or State antitrust
statutes relating to the submission of offers; or
(C) commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records,
making false statements, tax evasion, violating Federal
criminal tax laws, or receiving stolen property;
(2) are presently indicted for, or otherwise criminally or
civilly charged by a governmental entity with, commission of
any of the offenses enumerated in paragraph (1); or
(3) within a three-year period preceding this offer, has
been notified of any delinquent Federal taxes in an amount that
exceeds $3,000 for which the liability remains unsatisfied.
<all>