[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5470 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 5470
To ensure American leadership in low-Earth orbit and deep space
exploration, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 17, 2019
Mr. Weber of Texas introduced the following bill; which was referred to
the Committee on Science, Space, and Technology
_______________________________________________________________________
A BILL
To ensure American leadership in low-Earth orbit and deep space
exploration, 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 ``U.S. Leadership in
Space Act of 2019''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--HUMAN SPACEFLIGHT AND EXPLORATION
Sec. 101. Steppingstone approach to exploration.
Sec. 102. Technical amendments relating to Artemis missions.
Sec. 103. Establishment of Artemis program management office.
Sec. 104. Advanced cislunar and lunar surface capabilities.
Sec. 105. Advanced spacesuits.
Sec. 106. Life science and physical science research.
Sec. 107. Value of International Space Station and capabilities in low-
Earth orbit.
Sec. 108. Extension and modification relating to International Space
Station.
Sec. 109. Commercial development in low-Earth orbit.
Sec. 110. Maintaining a national laboratory in space.
TITLE II--SAFETY AND TRANSPARENCY
Sec. 201. Crew transportation safety.
TITLE III--U.S. NATIONAL SECURITY
Sec. 301. Cybersecurity.
Sec. 302. Exemption from the Iran, North Korea, and Syria
Nonproliferation Act.
Sec. 303. Limitation on cooperation with the People's Republic of
China.
Sec. 304. Countering Chinese threats to U.S. activities in space.
Sec. 305. Consideration of issues related to contracting with entities
receiving assistance from or affiliated
with the People's Republic of China.
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 National Aeronautics and Space
Administration.
(3) Appropriate committees of congress.--Except as
otherwise expressly provided, the term ``appropriate committees
of Congress'' means--
(A) the Committee on Commerce, Science, and
Transportation of the Senate; and
(B) the Committee on Science, Space, and Technology
of the House of Representatives.
(4) Cislunar space.--The term ``cislunar space'' means the
region of space beyond low-Earth orbit out to and including the
region around the surface of the Moon.
(5) Deep space.--The term ``deep space'' means the region
of space beyond low-Earth orbit, including cislunar space.
(6) Development cost.--The term ``development cost'' has
the meaning given the term in section 30104 of title 51, United
States Code.
(7) ISS.--The term ``ISS'' means the International Space
Station.
(8) ISS management entity.--The term ``ISS management
entity'' means the organization with which the Administrator
has entered into a cooperative agreement under section 504(a)
of the National Aeronautics and Space Administration
Authorization Act of 2010 (42 U.S.C. 18354(a)).
(9) NASA.--The term ``NASA'' means the National Aeronautics
and Space Administration.
(10) Johnson space center.--The term ``Johnson Space
Center'' means the Lyndon B. Johnson Space Center in Houston,
Texas.
(11) Orion.--The term ``Orion'' means the multipurpose crew
vehicle described in section 303 of the National Aeronautics
and Space Administration Authorization Act of 2010 (42 U.S.C.
18323).
(12) OSTP.--The term ``OSTP'' means the Office of Science
and Technology Policy.
(13) Space launch system.--The term ``Space Launch System''
means the Space Launch System authorized under section 302 of
the National Aeronautics and Space Administration Act of 2010
(42 U.S.C. 18322).
(14) Lunar gateway.--The term ``Lunar Gateway'' means the
Lunar Orbital Platform referenced in the Consolidated
Appropriations Act, 2019 (Public Law 116-6).
TITLE I--HUMAN SPACEFLIGHT AND EXPLORATION
SEC. 101. STEPPINGSTONE APPROACH TO EXPLORATION.
(a) In General.--Section 70504 of title 51, United States Code, is
amended to read as follows:
``Sec. 70504. Steppingstone approach to exploration
``(a) In General.--The Administrator, in sustainable steps, may
conduct missions to intermediate destinations, such as the Moon, in
accordance with section 20302(b), and on a timetable determined by the
availability of funding, in order to achieve the objective of human
exploration of Mars specified in section 202(b)(5) of the National
Aeronautics and Space Administration Authorization Act of 2010 (42
U.S.C. 18312(b)(5)), if the Administrator--
``(1) determines that each such mission demonstrates or
advances a technology or operational concept that will enable
human missions to Mars; and
``(2) incorporates each such mission into the human
exploration roadmap under section 432 of the National
Aeronautics and Space Administration Transition Authorization
Act of 2017 (Public Law 115-10; 51 U.S.C. 20302 note).
``(b) Cislunar Space Exploration Activities.--In conducting a
mission under subsection (a), the Administrator shall--
``(1) use a combination of launches of the Space Launch
System and space transportation services from United States
commercial providers, as appropriate, for the mission;
``(2) plan for not fewer than one Space Launch System
launch annually beginning after the Artemis II mission; and
``(3) establish an outpost in orbit around the Moon that--
``(A) demonstrates technologies, systems, and
operational concepts directly applicable to the space
vehicle that will be used to transport humans to Mars;
``(B) has the capability for periodic human
habitation; and
``(C) can function as a point of departure, return,
or staging for Administration or nongovernmental or
international partner missions to multiple locations on
the lunar surface or other destinations.
``(c) Cost-Effectiveness.--To maximize the cost-effectiveness of
the long-term space exploration and utilization activities of the
United States, the Administrator shall take all necessary steps,
including engaging nongovernmental and international partners, to
ensure that activities in the Administration's human space exploration
program are balanced in order to help meet the requirements of future
exploration and utilization activities leading to human habitation on
the surface of Mars.
``(d) Completion.--Within budgetary considerations, once an
exploration-related project enters its development phase, the
Administrator shall seek, to the maximum extent practicable, to
complete that project without undue delay.
``(e) International Participation.--To achieve the goal of
successfully conducting a crewed mission to the surface of Mars, the
Administrator shall invite the partners in the ISS program and other
nations, as appropriate, to participate in an international initiative
under the leadership of the United States.''.
(b) Definition of Cislunar Space.--Section 10101 of title 51,
United States Code, is amended by adding at the end the following:
``(3) Cislunar space.--The term `cislunar space' means the
region of space beyond low-Earth orbit out to and including the
region around the surface of the Moon.''.
(c) Technical and Conforming Amendments.--Section 3 of the National
Aeronautics and Space Administration Authorization Act of 2010 (42
U.S.C. 18302) is amended by striking paragraphs (2) and (3) and
inserting the following:
``(2) Appropriate committees of congress.--The term
`appropriate committees of Congress' means--
``(A) the Committee on Commerce, Science, and
Transportation of the Senate; and
``(B) the Committee on Science, Space, and
Technology of the House of Representatives.
``(3) Cislunar space.--The term `cislunar space' means the
region of space beyond low-Earth orbit out to and including the
region around the surface of the Moon.''.
SEC. 102. TECHNICAL AMENDMENTS RELATING TO ARTEMIS MISSIONS.
(1) Section 421 of the National Aeronautics and Space
Administration Authorization Act of 2017 (Public Law 115-10; 51
U.S.C. 20301 note) is amended--
(A) in subsection (c)(3)--
(i) by striking ``EM-1'' and inserting
``Artemis I'';
(ii) by striking ``EM-2'' and inserting
``Artemis II''; and
(iii) by striking ``EM-3'' and inserting
``Artemis III''; and
(B) in subsection (f)(3), by striking ``EM-3'' and
inserting ``Artemis III''.
(2) Section 432(b) of the National Aeronautics and Space
Administration Authorization Act of 2017 (Public Law 115-10; 51
U.S.C. 20302 note) is amended--
(A) in paragraph (3)(D)--
(i) by striking ``EM-1'' and inserting
``Artemis I''; and
(ii) by striking ``EM-2'' and inserting
``Artemis II''; and
(B) in paragraph (4)(C), by striking ``EM-3'' and
inserting ``Artemis III''.
SEC. 103. ESTABLISHMENT OF ARTEMIS PROGRAM MANAGEMENT OFFICE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Johnson Space Center was established in 1961 to
serve as the centralized location to house the organizations
that led the Apollo program;
(2) the Johnson Space Center has decades of experience
working with international partners, other Federal agencies,
and partners in industry and academia to study, develop, and
carry out the human spaceflight priorities of the United
States;
(3) the Johnson Space Center's architecture and program
roles include crewed mission management, program definition and
management, systems analysis and concepts, as well as overall
crewed destination system development integration;
(4) NASA has documented its lessons learned for complex
program management within the NASA Policy Directive (NPD
7120.4) for Program/Project Management and NASA Space Flight
Program and Project Management Requirements (NPR 7120.5). These
documents delineate the scope and expectations for successful
program implementation in NASA; and
(5) the Artemis program should leverage the expertise
unique to Johnson Space Center.
(b) Establishment of Artemis Program Management Office.--
(1) In general.--The Administrator shall establish the
Artemis program management office at Johnson Space Center.
SEC. 104. ADVANCED CISLUNAR AND LUNAR SURFACE CAPABILITIES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) NASA developed the Artemis program--
(A) to fulfill the goal of landing United States
astronauts, including the first woman and the next man,
on the Moon by 2024; and
(B) to collaborate with commercial and
international partners to establish sustainable lunar
exploration by 2028; and
(2) in carrying out the Artemis program, the Administration
should ensure that the entire Artemis program is inclusive and
representative of all people of the United States, including
women and minorities.
(b) Lander Program.--
(1) In general.--The Administrator shall foster the flight
demonstration of not more than 2 human-class lunar lander
designs through public-private partnerships.
(2) Initial development phase.--The Administrator may
support the formulation of more than 2 concepts in the initial
development phase.
(c) Lunar Gateway Program.--
(1) In general.--The Administrator shall establish an
outpost in orbit around the Moon that--
(A) demonstrates technologies, systems, and
operational concepts directly applicable to the space
vehicle that will be used to transport humans to Mars;
(B) has the capability for periodic human
habitation; and
(C) can function as a point of departure, return,
or staging for Administration or nongovernmental or
international partner missions to multiple locations on
the lunar surface or other destinations.
(d) Requirements.--In carrying out the programs under subsection
(b) and subsection (c), the Administrator shall--
(1) enter into industry-led partnerships using a fixed-
price, milestone-based approach;
(2) to the maximum extent practicable, encourage
reusability and sustainability of systems developed;
(3) ensure availability of one or more lunar polar science
payloads for a demonstration mission; and
(4) to the maximum extent practicable, offer existing
capabilities and assets of NASA centers to support these
partnerships.
(e) Full Utilization of Space Launch System, Exploration Upper
Stage, and Exploration Ground Systems.--In carrying out the program
under subsection (b), the Administrator shall--
(1) to the maximum extent practicable, make use of the
Space Launch System, Exploration Upper Stage, Exploration
Ground Systems, and associated facilities and infrastructure
available for the launch of an integrated Human Landing System;
and
(2) as space allows, add secondary payload capacity on the
Space Launch System to support ongoing Human Landing Systems
and Lunar Gateway elements.
SEC. 105. ADVANCED SPACESUITS.
(a) Sense of Congress.--It is the sense of Congress that next-
generation advanced spacesuits are a critical technology for human
space exploration and use of low-Earth orbit, cislunar space, the
surface of the Moon, and Mars.
(b) Development Plan.--The Administrator shall establish a detailed
plan for the development and manufacture of advanced spacesuits,
consistent with the deep space exploration goals and timetables of
NASA.
(c) Diverse Astronaut Corps.--The Administrator shall ensure that
spacesuits developed and manufactured after the date of the enactment
of this Act are capable of accommodating a wide range of sizes of
astronauts so as to meet the needs of the diverse NASA astronaut corps.
(d) ISS Use.--Throughout the operational life of the ISS, the
Administrator should fully use the ISS for testing advanced spacesuits.
(e) Prior Investments.--
(1) In general.--In developing an advanced spacesuit, the
Administrator shall, to the maximum extent practicable,
leverage prior and existing investments in advanced spacesuit
technologies to maximize the benefits of such investments and
technologies.
(2) Agreements with private entities.--In carrying out this
subsection, the Administrator may enter into one or more
agreements with one or more private entities for the
manufacture of advanced spacesuits, as the Administrator
considers appropriate.
(f) Briefing.--Not later than 180 days after the date of the
enactment of this Act, and semiannually thereafter until NASA procures
advanced spacesuits under this section, the Administrator shall brief
the appropriate committees of Congress on the development plan in
subsection (b).
SEC. 106. LIFE SCIENCE AND PHYSICAL SCIENCE RESEARCH.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the 2011 decadal survey on biological and physical
sciences in space identifies--
(A) many areas in which fundamental scientific
research is needed to efficiently advance the range of
human activities in space, from the first stages of
exploration to eventual economic development; and
(B) many areas of basic and applied scientific
research that could use the microgravity, radiation,
and other aspects of the spaceflight environment to
answer fundamental scientific questions;
(2) given the central role of life science and physical
science research in developing the future of space exploration,
NASA should continue to invest strategically in such research
to maintain United States leadership in space exploration; and
(3) such research remains important to the objectives of
NASA with respect to long-duration deep space human exploration
to the Moon and Mars, and developing a commercial space economy
in low-Earth orbit.
(b) Program Continuation.--
(1) In general.--In support of the goals described in
section 20302 of title 51, United States Code, the
Administrator shall continue to implement a collaborative,
multidisciplinary life science and physical science fundamental
research program--
(A) to build a scientific foundation for the
exploration and development of space;
(B) to investigate the mechanisms of changes to
biological systems and physical systems, and the
environments of those systems in space, including the
effects of long-duration exposure to deep space-related
environmental factors on those systems;
(C) to understand the effects of combined deep
space radiation and altered gravity levels on
biological systems so as to inform the development and
testing of potential countermeasures;
(D) to understand physical phenomena in reduced
gravity that affect design and performance of enabling
technologies necessary for the space exploration
program;
(E) to provide scientific opportunities to educate,
train, and develop the next generation of researchers
and engineers; and
(F) to provide state-of-the-art data repositories
and curation of large multi-data sets to enable
comparative research analyses.
(2) Elements.--The program under paragraph (1) shall--
(A) include fundamental research relating to life
science, space bioscience, and physical science; and
(B) maximize intra-agency and interagency
partnerships to advance space exploration, scientific
knowledge, and benefits to Earth.
(3) Use of facilities.--In carrying out the program under
paragraph (1), the Administrator may use ground-based, air-
based, and space-based facilities in low-Earth orbit and beyond
low-Earth orbit.
(c) Lunar Discovery Programs.--
(1) In general.--The Administrator may carry out a program
to conduct lunar science research, including missions to the
surface of the Moon, that materially contributes to the
objective described in section 20102(d)(1) of title 51, United
States Code.
(A) Commercial landers.--In carrying out a program
under subsection (a), the Administrator may procure the
services of commercial landers developed primarily by
United States industry to land science payloads of all
classes on the lunar surface.
(B) Lunar science research.--The Administrator
shall ensure that lunar science research carried out
under subsection (a) is consistent with recommendations
made by the National Academies of Sciences,
Engineering, and Medicine.
(C) Lunar polar volatiles.--In carrying out a
program under subsection (a), the Administrator shall,
at the earliest opportunity, consider mission proposals
to evaluate the potential of lunar polar volatiles to
contribute to sustainable lunar exploration.
SEC. 107. VALUE OF INTERNATIONAL SPACE STATION AND CAPABILITIES IN LOW-
EARTH ORBIT.
(a) Sense of Congress.--It is the sense of Congress that--
(1) it is in the national and economic security interests
of the United States to maintain a continuous human presence in
low-Earth orbit;
(2) low-Earth orbit should be used as a test bed to advance
human space exploration and scientific discoveries; and
(3) the ISS is a critical component of economic,
commercial, and industrial development in low-Earth orbit.
(b) Human Presence Requirement.--The United States shall
continuously maintain the capability for a continuous human presence in
low-Earth orbit through and beyond the useful life of the ISS.
SEC. 108. EXTENSION AND MODIFICATION RELATING TO INTERNATIONAL SPACE
STATION.
(a) Policy.--Section 501(a) of the National Aeronautics and Space
Administration Authorization Act of 2010 (42 U.S.C. 18351(a)) is
amended by striking ``2024'' and inserting ``2030''.
(b) Maintenance of United States Segment and Assurance of Continued
Operations.--Section 503(a) of the National Aeronautics and Space
Administration Authorization Act of 2010 (42 U.S.C. 18353(a)) is
amended by striking ``September 30, 2024'' and inserting ``September
30, 2030''.
(c) Research Capacity Allocation and Integration of Research
Payloads.--Section 504(d) of the National Aeronautics and Space
Administration Authorization Act of 2010 (42 U.S.C. 18354(d)) is
amended--
(1) in paragraph (1), in the first sentence--
(A) by striking ``As soon as practicable'' and all
that follows through ``2011,'' and inserting ``The'';
and
(B) by striking ``September 30, 2024'' and
inserting ``September 30, 2030''; and
(2) in paragraph (2), in the third sentence, by striking
``September 30, 2024'' and inserting ``September 30, 2030''.
(d) Maintenance of Use.--
(1) In general.--Section 70907 of title 51, United States
Code, is amended--
(A) in the section heading, by striking ``2024''
and inserting ``2030'';
(B) in subsection (a), by striking ``September 30,
2024'' and inserting ``September 30, 2030''; and
(C) in subsection (b)(3), by striking ``September
30, 2024'' and inserting ``September 30, 2030''.
(e) Transition Plan Reports.--Section 50111(c)(2) of title 51,
United States Code, is amended--
(1) in the matter preceding subparagraph (A), by striking
``2023'' and inserting ``2028''; and
(2) in subparagraph (J), by striking ``2028'' and inserting
``2030''.
(f) Elimination of International Space Station National Laboratory
Advisory Committee.--Section 70906 of title 51, United States Code, is
repealed.
(g) Conforming Amendments.--Chapter 709 of title 51, United States
Code, is amended--
(1) by redesignating section 70907 as section 70906; and
(2) in the table of sections for the chapter, by striking
the items relating to sections 70906 and 70907 and inserting
the following:
``Sec. 70906. Maintaining use through at least 2030.''.
SEC. 109. COMMERCIAL DEVELOPMENT IN LOW-EARTH ORBIT.
(a) Statement of Policy.--It is the policy of the United States to
encourage the development of a thriving and robust United States
commercial sector in low-Earth orbit.
(b) Preference for United States Commercial Products and
Services.--The Administrator shall continue to increase the use of
assets, products, and services of private entities in the United States
to fulfill the low-Earth orbit requirements of the Administration.
(c) Noncompetition.--
(1) In general.--Except as provided in paragraph (2), the
Administrator may not offer to a foreign person or a foreign
government a spaceflight product or service relating to the
ISS, if a comparable spaceflight product or service, as
applicable, is offered by a private entity in the United
States.
(2) Exception.--The Administrator may offer a space-flight
product or service relating to the ISS to the government of a
country that is a signatory to the Agreement Among the
Government of Canada, Governments of Member States of the
European Space Agency, the Government of Japan, the Government
of the Russian Federation, and the Government of the United
States of America Concerning Cooperation on the Civil
International Space Station, signed at Washington January 29,
1998, and entered into force on March 27, 2001 (TIAS 12927).
This includes any foreign nationals that are sponsored by the
signatories of the Agreement.
(d) Short-Duration Commercial Missions.--To provide opportunities
for additional transport of astronauts to the ISS and help establish a
commercial market in low-Earth orbit, the Administrator may permit
short-duration missions to the ISS for commercial passengers.
(e) Program Authorization.--
(1) Establishment.--The Administrator shall establish a
low-Earth orbit development program to encourage the fullest
commercial use and development of space by private entities in
the United States.
(2) Elements.--The program established under paragraph (1)
shall, to the maximum extent practicable, include activities--
(A) to stimulate demand for--
(i) space-based commercial research,
development, and manufacturing;
(ii) spaceflight products and services; and
(iii) human spaceflight products and
services in low-Earth orbit;
(B) to improve the capability of the ISS to
accommodate commercial users; and
(C) subject to paragraph (3), to foster the
development of commercial space stations and habitats.
(3) Commercial space stations and habitats.--
(A) Priority.--With respect to an activity to
develop a commercial space station or habitat, the
Administrator shall give priority to an activity for
which a private entity provides a share of the cost to
develop and operate the activity.
(B) Limitation.--The Administrator may not provide
funding for the development of a commercial space
station or habitat until after the date on which the
Administrator awards a contract for the use of a
docking port on the ISS.
(C) Report.--Not later than 30 days after the date
that an award or agreement is made to carry out an
activity to develop a commercial space station or
habitat, the Administrator shall submit to the
appropriate committees of Congress a report on the
development of the commercial space station or habitat,
as applicable, that includes--
(i) a business plan that describes the
manner in which the project will--
(I) meet the future requirements of
NASA for low-Earth orbit human space-
flight services; and
(II) fulfill the cost-share funding
prioritization under subparagraph (A);
and
(ii) a review of the viability of the
operational business case, including--
(I) the level of expected
Government participation;
(II) a list of anticipated
nongovernmental and international
customers and associated contributions;
and
(III) an assessment of long-term
sustainability for the nongovernmental
customers, including an independent
assessment of the viability of the
market for such commercial services or
products.
SEC. 110. MAINTAINING A NATIONAL LABORATORY IN SPACE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States segment of the International Space
Station (as defined in section 70905 of title 51, United States
Code), which is designated as a national laboratory under
section 70905(b) of title 51, United States Code--
(A) benefits the scientific community and promotes
commerce in space;
(B) fosters stronger relationships among NASA and
other Federal agencies, the private sector, and
research groups and universities;
(C) advances science, technology, engineering, and
mathematics education through use of the unique
microgravity environment; and
(D) advances human knowledge and international
cooperation;
(2) after the ISS is decommissioned, the United States
should maintain a national microgravity laboratory in space;
(3) in maintaining a national microgravity laboratory in
space, the United States should make appropriate accommodations
for different types of ownership and operation arrangements for
the ISS and future space stations;
(4) to the maximum extent practicable, a national
microgravity laboratory in space should be maintained in
cooperation with international space partners; and
(5) NASA should continue to support fundamental science
research on future platforms in low-Earth orbit and cislunar
space, orbital and suborbital flights, drop towers, and other
microgravity testing environments.
(b) Report.--The Administrator, in coordination with the National
Space Council and other Federal agencies as the Administrator considers
appropriate, shall issue a report detailing the feasibility of
establishing a microgravity national laboratory federally funded
research and development center to carry out activities relating to the
study and use of in-space conditions.
TITLE II--SAFETY AND TRANSPARENCY
SEC. 201. CREW TRANSPORTATION SAFETY.
(a) Sense of Congress.--It is the sense of Congress that--
(1) ensuring the safety of American astronauts is the top
priority of NASA's human spaceflight program;
(2) in efforts to meet deadlines to return humans to the
Moon, NASA should take all steps necessary to mitigate any and
all risk to crew; and
(3) it is the role of Congress to exercise prudence in the
use of taxpayer dollars and ensure transparency to the taxpayer
to the greatest extent possible.
(b) In General.--To ensure that NASA's human exploration systems
comply with the direction in this Act to have a shared safety standard
that is consistent across all elements of the architecture, the
Administrator shall--
(1) implement a program to ensure that best practices,
lessons learned and other information is shared across all
elements of the human exploration program, including public-
private partnerships and commercial service procurement;
(2) require that any entity receiving funding for the
development or operation of a human spaceflight element or
activity make all necessary information available to NASA and
the appropriate government oversight entities, including the
NASA Advisory Committee and its subcommittees, the Aerospace
Safety Advisory Committee and the relevant committees of
Congress; and
(3) produce a public report twice a year detailing progress
towards meeting or sustaining the shared safety standards and
identifying areas, programs, or services where these standards
have not been met or maintained, and the associated corrective
action to address these issues.
(c) Report.--Within 120 days of enactment, the Administrator shall
provide a report to the Committees on the implementation of this
direction and how it plans to ensure these comparable safety standards
are met throughout the development, test and operation of such systems.
(d) Congressional Notice.--
(1) Should any element of human exploration system
architecture, whether owned and operated by NASA, developed and
operated as a public-private partnership or procured as a
commercial service, fails to meet the common safety standards
established, Congress shall be notified and receive a report on
corrective actions and options available to improve safety and
resiliency of such system(s) within 30 days.
TITLE III--U.S. NATIONAL SECURITY
SEC. 301. CYBERSECURITY.
(a) In General.--Section 20301 of title 51, United States Code, is
amended by adding at the end the following:
``(c) Cybersecurity.--The Administrator shall update and improve
the cybersecurity of NASA space assets and supporting
infrastructure.''.
(b) Security Operations Center.--
(1) Establishment.--The Administrator shall maintain a
Security Operations Center, to identify and respond to
cybersecurity threats to NASA information technology systems,
including institutional systems and mission systems.
(2) Inspector general recommendations.--The Administrator
shall implement, to the maximum extent practicable, each of the
recommendations contained in the report of the Inspector
General of NASA entitled ``Audit of NASA's Security Operations
Center'', issued on May 23, 2018.
(c) Cyber Threat Hunt.--
(1) In general.--The Administrator, in coordination with
the Secretary of Homeland Security and the heads of other
relevant Federal agencies, may implement a cyber threat hunt
capability to proactively search NASA information systems for
advanced cyber threats that otherwise evade existing security
tools.
(2) Threat-hunting process.--In carrying out paragraph (1),
the Administrator shall develop and document a threat-hunting
process, including the roles and responsibilities of
individuals conducting a cyber threat hunt.
(d) GAO Priority Recommendations.--The Administrator shall
implement, to the maximum extent practicable, the recommendations for
NASA contained in the report of the Comptroller General of the United
States entitled ``Information Security: Agencies Need to Improve
Controls over Selected High-Impact Systems'', issued May 18, 2016,
including--
(1) re-evaluating security control assessments; and
(2) specifying metrics for the continuous monitoring
strategy of the Administration.
SEC. 302. EXEMPTION FROM THE IRAN, NORTH KOREA, AND SYRIA
NONPROLIFERATION ACT.
Section 7(1) of the Iran, North Korea, and Syria Nonproliferation
Act (Public Law 106-178; 50 U.S.C. 1701 note) is amended, in the
undesignated matter following subparagraph (B), by striking ``December
31, 2020'' and inserting ``December 31, 2030''.
SEC. 303. LIMITATION ON COOPERATION WITH THE PEOPLE'S REPUBLIC OF
CHINA.
(a) In General.--Except as provided by subsection (b), the
Administrator, the Director of the Office of Science and Technology
Policy, and the Chair of the National Space Council, shall not--
(1) develop, design, plan, promulgate, implement, or
execute a bilateral policy, program, order, or contract of any
kind to participate, collaborate, or coordinate bilaterally in
any manner with--
(A) the Government of the People's Republic of
China; or
(B) any company--
(i) owned by the Government of the People's
Republic of China; or
(ii) incorporated under the laws of the
People's Republic of China; and
(2) host official visitors from the People's Republic of
China at a facility belonging to or used by NASA.
(b) Waiver.--
(1) In general.--The Administrator, the Director, or the
Chair may waive the limitation under subsection (a) with
respect to an activity described in that subsection only if the
Administrator, the Director, or the Chair, as applicable, makes
a determination that the activity--
(A) does not pose a risk of a transfer of
technology, data, or other information with national
security or economic security implications to an entity
described in paragraph (1) of such subsection; and
(B) does not involve knowing interactions with
officials who have been determined by the United States
to have direct involvement with violations of human
rights.
(2) Certification to congress.--Not later than 30 days
after the date on which a waiver is granted under paragraph
(1), the Administrator, the Director, or the Chair, as
applicable, shall submit to the Committee on Commerce, Science,
and Transportation and the Committee on Appropriations of the
Senate and the Committee on Science, Space, and Technology and
the Committee on Appropriations of the House of Representatives
a written certification that the activity complies with the
requirements in subparagraphs (A) and (B) of that paragraph.
SEC. 304. COUNTERING CHINESE THREATS TO U.S. ACTIVITIES IN SPACE.
(a) Findings.--
(1) The Government of the People's Republic of China
maintains, as a national priority, a global program of theft
and other misappropriation of intellectual property, and
unacceptable technology transfer requirements, particularly in
fields of high technology.
(2) China is taking steps to establish a commanding
position in the commercial launch and satellite sectors relying
in part on aggressive state-backed financing that market-driven
companies cannot match.
(3) China has engaged in an aggressive campaign to dominate
sensitive markets such as germanium wafer production, used for
nearly all specialized satellite solar panels, allowing China
ownership of over 70 percent of global germanium mining,
refining, and production.
(4) China has begun focusing on the lunar surface and
cislunar space as priorities in its space program, which is
indistinguishable from its armed forces.
(b) Report.--Not later than 90 days after the date of enactment,
the Executive Secretary of the National Space Council shall submit to
the appropriate committees of Congress a report that includes:
(1) How China is harming the U.S. commercial space
industry's competitiveness and threatening U.S. national
security. Specifically, the Executive Secretary shall
investigate--
(A) theft of intellectual property through
technology transfer requirements or otherwise;
(B) Chinese efforts to seize control over critical
elements of the space industry supply chain;
(C) Chinese efforts to seize control over space
industry companies, sister companies with shared
leadership, or supply chain; and
(D) U.S. cybersecurity weaknesses.
(2) Current steps the United States is taking to protect
its domestic space industry from Chinese influence.
(3) Recommendations to Congress on legislative action
necessary to address Chinese threats to the U.S. domestic
commercial launch and satellite industries and improve U.S.
efforts to counter threats to U.S. activities in space.
(4) Recommendations on how the U.S. Government can best
utilize existing Federal entities to investigate and act
against potentially harmful Chinese investment into the U.S.
commercial space industry, and how the U.S. Government can
bolster domestic investment in critical U.S. space industry
technologies.
SEC. 305. CONSIDERATION OF ISSUES RELATED TO CONTRACTING WITH ENTITIES
RECEIVING ASSISTANCE FROM OR AFFILIATED WITH THE PEOPLE'S
REPUBLIC OF CHINA.
In considering any response to a request for a proposal, request
for information, broad area announcement, or any other form of request
or solicitation, and in considering or undertaking any negotiation or
conclusion of any contract, agreement, or other transaction with any
commercial or non-commercial entity, the Administrator shall, in
consultation with appropriate Federal departments and agencies, take
into account the implications of any benefit received by such
commercial or non-commercial entity (or any other commercial or non-
commercial entity related through ownership, control, or other
affiliation to such entity) as a result of a significant loan or other
financial assistance provided by--
(1) any governmental organization of the People's Republic
of China; or
(2) any other entity that is--
(A) majority owned or controlled by, or otherwise
affiliated with, any governmental organization of the
People's Republic of China; or
(B) organized under, or otherwise subject to, the
laws of the People's Republic of China.
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