[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6391 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 6391
To ensure continued United States leadership in space and low-Earth
orbit.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 12, 2022
Mr. Weber of Texas introduced the following bill; which was referred to
the Committee on Science, Space, and Technology, and in addition to the
Committee on Armed Services, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To ensure continued United States leadership in space and low-Earth
orbit.
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 2022''.
(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. Authorization of appropriations.
TITLE II--HUMAN SPACEFLIGHT AND EXPLORATION
Sec. 201. Competitiveness within the human landing system program.
Sec. 202. Space launch system configurations.
Sec. 203. Advanced spacesuits.
Sec. 204. Acquisition of domestic space transportation and logistics
resupply services.
Sec. 205. Rocket engine test infrastructure.
Sec. 206. Pearl River maintenance.
Sec. 207. Value of International Space Station and capabilities in low-
Earth orbit.
Sec. 208. Extension and modification relating to International Space
Station.
Sec. 209. Department of Defense activities on International Space
Station.
Sec. 210. Commercial development in low-Earth orbit.
Sec. 211. Maintaining a national laboratory in space.
Sec. 212. International Space Station national laboratory; property
rights in inventions.
Sec. 213. Data first produced during non-NASA scientific use of the ISS
national laboratory.
Sec. 214. Steppingstone approach to exploration.
Sec. 215. Technical amendments relating to Artemis missions.
TITLE III--SAFETY AND TRANSPARENCY
Sec. 301. Crew transportation safety.
TITLE IV--U.S. NATIONAL SECURITY
Sec. 401. Cybersecurity.
Sec. 402. Exemption from the Iran, North Korea, and Syria
Nonproliferation Act.
Sec. 403. Limitation on cooperation with the People's Republic of
China.
Sec. 404. Countering Chinese threats to U.S. activities in space.
Sec. 405. 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) 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).
(11) OSTP.--The term ``OSTP'' means the Office of Science
and Technology Policy.
(12) 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).
TITLE I--AUTHORIZATION OF APPROPRIATIONS
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Administration for
fiscal year 2021 as follows:
(1) For Exploration, $6,706,400,000.
(2) For Space Operations, $3,988,200,000.
(3) For Science, $7,274,700,000.
(4) For Aeronautics, $828,700,000.
(5) For Space Technology, $1,206,000,000.
(6) For Science, Technology, Engineering, and Mathematics
Engagement, $120,000,000.
(7) For Safety, Security, and Mission Services,
$2,936,500,000.
(8) For Construction and Environmental Compliance and
Restoration, $390,300,000.
(9) For Inspector General, $44,200,000.
TITLE II--HUMAN SPACEFLIGHT AND EXPLORATION
SEC. 201. COMPETITIVENESS WITHIN THE HUMAN LANDING SYSTEM PROGRAM.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the development of technologies that enable human
exploration of the lunar surface and other celestial bodies;
(2) commercial entities in the United States have made
significant investment and progress toward the development of
human-class lunar landers;
(3) NASA developed the Artemis program--
(A) to fulfill the goal of landing United States
astronauts, including the first woman and the next man,
on the Moon; and
(B) to collaborate with commercial and
international partners to establish sustainable lunar
exploration by 2028;
(4) in carrying out the Artemis program, the Administrator
should ensure that the entire Artemis program is inclusive and
representative of all people of the United States, including
women and minorities; and
(5) maintaining multiple technically credible providers
within NASA commercial programs is a best practice that reduces
programmatic risk.
(b) Statement of Policy.--It shall be the policy of the United
States--
(1) to bolster the domestic space technology industrial
base, using existing tools and authorities, particularly in
areas central to competition between the United States and the
People's Republic of China; and
(2) to mitigate threats and minimize challenges to the
superiority of the United States in space technology, including
lunar infrastructure and lander capabilities.
(c) Human Landing System Program.--
(1) In general.--Not later than 60 days after the date of
the enactment of this division, the Administrator shall
maintain competitiveness within the human landing system
program by funding design, development, testing, and evaluation
for not fewer than 2 entities.
(2) Requirements.--In carrying out the human landing system
program referred to in paragraph (1), the Administrator shall,
to the extent practicable--
(A) encourage reusability and sustainability of
systems developed; and
(B) offer existing capabilities and assets of NASA
centers to support such partnerships.
(3) Briefing.--Not later than 60 days after the date of the
enactment of this division, the Administrator shall provide to
the appropriate committees of Congress a briefing on the
implementation of paragraph (1).
(4) Authorization of appropriations.--In addition to
amounts otherwise appropriated for the Artemis program, for
fiscal years 2021 through 2025, there is authorized to be
appropriated $10,032,000,000 to NASA to carry out the human
landing system program.
(5) Savings.--The Administrator shall not, in order to
comply with the obligations referred to in paragraph (1),
modify, terminate, or rescind any selection decisions or awards
made under the human landing system program that were announced
prior to the date of the enactment of this division.
(d) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Commerce, Science, and Transportation
and the Committee on Appropriations of the Senate; and
(2) the Committee on Science, Space, and Technology and the
Committee on Appropriations of the House of Representatives.
SEC. 202. SPACE LAUNCH SYSTEM CONFIGURATIONS.
(a) Mobile Launch Platform.--The Administrator is authorized to
maintain 2 operational mobile launch platforms to enable the launch of
multiple configurations of the Space Launch System.
(b) Exploration Upper Stage.--To meet the capability requirements
under section 302(c)(2) of the National Aeronautics and Space
Administration Authorization Act of 2010 (42 U.S.C. 18322(c)(2)), the
Administrator shall continue development of the Exploration Upper Stage
for the Space Launch System with a scheduled availability sufficient
for use on the third launch of the Space Launch System.
(c) Briefing.--Not later than 90 days after the date of the
enactment of this division, the Administrator shall brief the
appropriate committees of Congress on the development and scheduled
availability of the Exploration Upper Stage for the third launch of the
Space Launch System.
(d) Main Propulsion Test Article.--To meet the requirements under
section 302(c)(3) of the National Aeronautics and Space Administration
Authorization Act of 2010 (42 U.S.C. 18322(c)(3)), the Administrator
shall--
(1) immediately on completion of the first full-duration
integrated core stage test of the Space Launch System, initiate
development of a main propulsion test article for the
integrated core stage propulsion elements of the Space Launch
System, consistent with cost and schedule constraints,
particularly for long-lead propulsion hardware needed for
flight;
(2) not later than 180 days after the date of the enactment
of this division, submit to the appropriate committees of
Congress a detailed plan for the development and operation of
such main propulsion test article; and
(3) use existing capabilities of NASA centers for the
design, manufacture, and operation of the main propulsion test
article.
SEC. 203. 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 division 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) Spacesuit Technology Partnerships To Fully Meet NASA's Needs.--
(1) In general.--In developing an advanced spacesuit, the
Administrator shall, to the maximum extent practicable, partner
with leverage the capabilities unique to Johnson Space Center's
workforce and pursue agreements for design, development, and
manufacturing of advanced spacesuits with 2 or more industry
partners who are able to demonstrate design concepts at which
meet all identified Agency requirements for advanced
spacesuits, providing maximum consideration for the measurement
of all associated design, development, manufacturing, and other
costs weighted against EVA cadence and availability on ISS,
future commercial platforms, and cislunar needs.
(2) Agreements with private entities.--In carrying out this
subsection, the Administrator may enter into 2 or more
agreements with 2 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 division, and semiannually thereafter until NASA
procures advanced spacesuits under this section, the Administrator
shall brief the appropriate committees of Congress on the development
plan in subsection (b).
SEC. 204. ACQUISITION OF DOMESTIC SPACE TRANSPORTATION AND LOGISTICS
RESUPPLY SERVICES.
(a) In General.--Except as provided in subsection (b), the
Administrator shall not enter into any contract with a person or entity
that proposes to use, or will use, a foreign launch provider for a
commercial service to provide space transportation or logistics
resupply for--
(1) the ISS; or
(2) any Government-owned or Government-funded platform in
Earth orbit or cislunar space, on the lunar surface, or
elsewhere in space.
(b) Exception.--The Administrator may enter into a contract with a
person or an entity that proposes to use, or will use, a foreign launch
provider for a commercial service to carry out an activity described in
subsection (a) if--
(1) a domestic vehicle or service is unavailable; or
(2) the launch vehicle or service is a contribution by a
partner to an international no-exchange-of-funds collaborative
effort.
(c) Rule of Construction.--Nothing in this section shall be
construed to prohibit the Administrator from entering into 1 or more
no-exchange-of-funds collaborative agreements with an international
partner in support of the deep space exploration plan of NASA.
SEC. 205. ROCKET ENGINE TEST INFRASTRUCTURE.
(a) In General.--The Administrator shall continue to carry out a
program to modernize rocket propulsion test infrastructure at NASA
facilities--
(1) to increase capabilities;
(2) to enhance safety;
(3) to support propulsion development and testing; and
(4) to foster the improvement of Government and commercial
space transportation and exploration.
(b) Projects.--Projects funded under the program described in
subsection (a) may include--
(1) infrastructure and other facilities and systems
relating to rocket propulsion test stands and rocket propulsion
testing;
(2) enhancements to test facility capacity and flexibility;
and
(3) such other projects as the Administrator considers
appropriate to meet the goals described in that subsection.
(c) Requirements.--In carrying out the program under subsection
(a), the Administrator shall--
(1) prioritize investments in projects that enhance test
and flight certification capabilities for large thrust-level
atmospheric and altitude engines and engine systems, and multi-
engine integrated test capabilities;
(2) continue to make underutilized test facilities
available for commercial use on a reimbursable basis; and
(3) ensure that no project carried out under this program
adversely impacts, delays, or defers testing or other
activities associated with facilities used for Government
programs, including--
(A) the Space Launch System and the Exploration
Upper Stage of the Space Launch System;
(B) in-space propulsion to support exploration
missions; or
(C) nuclear propulsion testing.
(d) Rule of Construction.--Nothing in this section shall preclude a
NASA program, including the Space Launch System and the Exploration
Upper Stage of the Space Launch System, from using the modernized test
infrastructure developed under this section.
(e) Working Capital Fund Study.--
(1) In general.--Not later than 180 days after the date of
the enactment of this division, the Administrator shall submit
to the appropriate committees of Congress a report on the use
of the authority under section 30102 of title 51, United States
Code, to promote increased use of NASA rocket propulsion test
infrastructure for research, development, testing, and
evaluation activities by other Federal agencies, firms,
associations, corporations, and educational institutions.
(2) Matters to be included.--The report required by
paragraph (1) shall include the following:
(A) An assessment of prior use, if any, of the
authority under section 30102 of title 51, United
States Code, to improve testing infrastructure.
(B) An analysis of any barrier to implementation of
such authority for the purpose of promoting increased
use of NASA rocket propulsion test infrastructure.
SEC. 206. PEARL RIVER MAINTENANCE.
(a) In General.--The Administrator shall coordinate with the Chief
of the Army Corps of Engineers to ensure the continued navigability of
the Pearl River and Little Lake channels sufficient to support NASA
barge operations surrounding Stennis Space Center and the Michoud
Assembly Facility.
(b) Report to Congress.--Not later than 180 days after the date of
the enactment of this division, the Administrator shall submit to the
appropriate committees of Congress a report on efforts under subsection
(a).
(c) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Commerce, Science, and Transportation,
the Committee on Environment and Public Works, and the
Committee on Appropriations of the Senate; and
(2) the Committee on Science, Space, and Technology, the
Committee on Transportation and Infrastructure, and the
Committee on Appropriations of the House of Representatives.
SEC. 207. 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 presence in low-
Earth orbit, in perpetuity;
(2) low-Earth orbit should be used as a test bed to advance
human space exploration and scientific discoveries to advance
human space exploration, scientific discoveries, and commercial
development; 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. 208. 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.--Section 70907 of title 51, United States
Code, is amended--
(1) in the section heading, by striking ``2024'' and
inserting ``2030'';
(2) in subsection (a), by striking ``September 30, 2024''
and inserting ``September 30, 2030''; and
(3) in subsection (b)(3), by striking ``September 30,
2024'' and inserting ``September 30, 2030''.
(e) Transition Plan Reports.--Section 50111(c)(2) of title 51,
United States Code is amended--
(1) in the matter preceding subparagraph (A), by striking
``2023'' and inserting ``2028''; and
(2) in subparagraph (J), by striking ``2028'' and inserting
``2030''.
(f) Elimination of International Space Station National Laboratory
Advisory Committee.--Section 70906 of title 51, United States Code, is
repealed.
(g) Conforming Amendments.--Chapter 709 of title 51, United States
Code, is amended--
(1) by redesignating section 70907 as section 70906; and
(2) in the table of sections for the chapter, by striking
the items relating to sections 70906 and 70907 and inserting
the following:
``70906. Maintaining use through at least 2030.''.
SEC. 209. DEPARTMENT OF DEFENSE ACTIVITIES ON INTERNATIONAL SPACE
STATION.
(a) In General.--Not later than 180 days after the date of the
enactment of this division, the Secretary of Defense shall--
(1) identify and review each activity, program, and project
of the Department of Defense completed, being carried out, or
planned to be carried out on the ISS as of the date of the
review; and
(2) provide to the appropriate committees of Congress a
briefing that describes the results of the review.
(b) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Commerce, Science, and
Transportation of the Senate; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Science, Space, and
Technology of the House of Representatives.
SEC. 210. COMMERCIAL DEVELOPMENT IN LOW-EARTH ORBIT.
(a) Statement of Policy.--It is the policy of the United States to
encourage the development of a thriving and robust United States
commercial sector in low-Earth orbit.
(b) Preference for United States Commercial Products and
Services.--The Administrator shall continue to increase the use of
assets, products, and services of private entities in the United States
to fulfill the low-Earth orbit requirements of the Administration.
(c) Noncompetition.--
(1) In general.--Except as provided in paragraph (2), the
Administrator may not offer to a foreign person or a foreign
government a spaceflight product or service relating to the
ISS, if a comparable spaceflight product or service, as
applicable, is offered by a private entity in the United
States.
(2) Exception.--The Administrator may offer a spaceflight
product or service relating to the ISS to the government of a
country that is a signatory to the Agreement Among the
Government of Canada, Governments of Member States of the
European Space Agency, the Government of Japan, the Government
of the Russian Federation, and the Government of the United
States of America Concerning Cooperation on the Civil
International Space Station, signed at Washington January 29,
1998, and entered into force on March 27, 2001 (TIAS 12927),
including an international partner astronaut (as defined in
section 50902 of title 51, United States Code) that is
sponsored by the government of such a country.
(d) Short-Duration Commercial Missions.--To provide opportunities
for additional transport of astronauts to the ISS and help establish a
commercial market in low-Earth orbit, the Administrator may permit
short-duration missions to the ISS for commercial passengers on a fully
or partially reimbursable basis.
(e) Program Authorization.--
(1) Establishment.--The Administrator shall establish a
low-Earth orbit commercial development program to encourage the
fullest commercial use and development of space by private
entities in the United States.
(2) Elements.--The program established under paragraph (1)
shall, to the maximum extent practicable, include activities--
(A) to stimulate demand for--
(i) space-based commercial research,
development, and manufacturing;
(ii) spaceflight products and services; and
(iii) human spaceflight products and
services in low-Earth orbit;
(B) to improve the capability of the ISS to
accommodate commercial users; and
(C) subject to paragraph (3), to foster the
development of commercial space stations and habitats.
(3) Commercial space stations and habitats.--
(A) Priority.--With respect to an activity to
develop a commercial space station or habitat, the
Administrator shall give priority to an activity for
which a private entity provides a significant share of
the cost to develop and operate the activity.
(B) Report.--Not later than 30 days after the date
that an award or agreement is made to carry out an
activity to develop a commercial space station or
habitat, the Administrator shall submit to the
appropriate committees of Congress a report on the
development of the commercial space station or habitat,
as applicable, that includes--
(i) a business plan that describes the
manner in which the project will--
(I) meet the future requirements of
NASA for low-Earth orbit human space-
flight services; and
(II) fulfill the cost-share funding
prioritization under subparagraph (A);
and
(ii) a review of the viability of the
operational business case, including--
(I) the level of expected
Government participation; and
(II) a list of anticipated
nongovernmental an international
customers and associated contributions.
SEC. 211. 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.
SEC. 212. INTERNATIONAL SPACE STATION NATIONAL LABORATORY; PROPERTY
RIGHTS IN INVENTIONS.
(a) In General.--Subchapter III of chapter 201 of title 51, United
States Code, is amended by adding at the end the following:
``Sec. 20150. Property rights in designated inventions
``(a) Exclusive Property Rights.--Notwithstanding section 3710a of
title 15, chapter 18 of title 35, section 20135, or any other provision
of law, a designated invention shall be the exclusive property of a
user, and shall not be subject to a Government-purpose license, if--
``(1)(A) the Administration is reimbursed under the terms
of the contract for the full cost of a contribution by the
Federal Government of the use of Federal facilities, equipment,
materials, proprietary information of the Federal Government,
or services of a Federal employee during working hours,
including the cost for the Administration to carry out its
responsibilities under paragraphs (1) and (4) of section 504(d)
of the National Aeronautics and Space Administration
Authorization Act of 2010 (42 U.S.C. 18354(d));
``(B) Federal funds are not transferred to the user under
the contract; and
``(C) the designated invention was made (as defined in
section 20135(a))--
``(i) solely by the user; or
``(ii)(I) by the user with the services of a
Federal employee under the terms of the contract; and
``(II) the Administration is reimbursed for such
services under subparagraph (B); or
``(2) the Administrator determines that the relevant field
of commercial endeavor is sufficiently immature that granting
exclusive property rights to the user is necessary to help
bolster demand for products and services produced on crewed or
crew-tended space stations.
``(b) Notification to Congress.--On completion of a determination
made under paragraph (2), the Administrator shall submit to the
appropriate committees of Congress a notification of the determination
that includes a written justification.
``(c) Public Availability.--A determination or part of such
determination under paragraph (1) shall be made available to the public
on request, as required under section 552 of title 5, United States
Code (commonly referred to as the `Freedom of Information Act').
``(d) Rule of Construction.--Nothing in this section may be
construed to affect the rights of the Federal Government, including
property rights in inventions, under any contract, except in the case
of a written contract with the Administration or the ISS management
entity for the performance of a designated activity.
``(e) Definitions.--In this section--
``(1) Contract.--The term `contract' has the meaning giving
the term in section 20135(a).
``(2) Designated activity.--The term `designated activity'
means any non-NASA scientific use of the ISS national
laboratory as described in section 504 of the National
Aeronautics and Space Administration Authorization Act of 2010
(42 U.S.C. 18354).
``(3) Designated invention.--The term `designated
invention' means any invention, product, or service conceived
or first reduced to practice by any person in the performance
of a designated activity under a written contract with the
Administration or the ISS management entity.
``(4) Full cost.--The term `full cost' means the cost of
transporting materials or passengers to and from the ISS,
including any power needs, the disposal of mass, crew member
time, stowage, power on the ISS, data downlink, crew
consumables, and life support.
``(5) Government-purpose license.--The term `Government-
purpose license' means the reservation by the Federal
Government of an irrevocable, nonexclusive, nontransferable,
royalty-free license for the use of an invention throughout the
world by or on behalf of the United States or any foreign
government pursuant to a treaty or agreement with the United
States.
``(6) ISS management entity.--The term `ISS management
entity' means the organization with which the Administrator
enters into a cooperative agreement under section 504(a) of the
National Aeronautics and Space Administration Authorization Act
of 2010 (42 U.S.C. 18354(a)).
``(7) User.--The term `user' means a person, including a
nonprofit organization or small business firm (as such terms
are defined in section 201 of title 35), or class of persons
that enters into a written contract with the Administration or
the ISS management entity for the performance of designated
activities.''.
(b) Conforming Amendment.--The table of sections for chapter 201 of
title 51, United States Code, is amended by inserting after the item
relating to section 20149 the following:
``20150. Property rights in designated inventions.''.
SEC. 213. DATA FIRST PRODUCED DURING NON-NASA SCIENTIFIC USE OF THE ISS
NATIONAL LABORATORY.
(a) Data Rights.--Subchapter III of chapter 201 of title 51, United
States Code, as amended by section 212, is further amended by adding at
the end the following:
``Sec. 20151. Data rights
``(a) Non-NASA Scientific Use of the ISS National Laboratory.--The
Federal Government may not use or reproduce, or disclose outside of the
Government, any data first produced in the performance of a designated
activity under a written contract with the Administration or the ISS
management entity, unless--
``(1) otherwise agreed under the terms of the contract with
the Administration or the ISS management entity, as applicable;
``(2) the designated activity is carried out with Federal
funds;
``(3) disclosure is required by law;
``(4) the Federal Government has rights in the data under
another Federal contract, grant, cooperative agreement, or
other transaction; or
``(5) the data is--
``(A) otherwise lawfully acquired or independently
developed by the Federal Government;
``(B) related to the health and safety of personnel
on the ISS; or
``(C) essential to the performance of work by the
ISS management entity or NASA personnel.
``(b) Definitions.--In this section:
``(1) Contract.--The term `contract' has the meaning given
the term under section 20135(a).
``(2) Data.--
``(A) In general.--The term `data' means recorded
information, regardless of form or the media on which
it may be recorded.
``(B) Inclusions.--The term `data' includes
technical data and computer software.
``(C) Exclusions.--The term `data' does not include
information incidental to contract administration, such
as financial, administrative, cost or pricing, or
management information.
``(3) Designated activity.--The term `designated activity'
has the meaning given the term in section 20150.
``(4) ISS management entity.--The term `ISS management
entity' has the meaning given the term in section 20150.''.
(b) Special Handling of Trade Secrets or Confidential
Information.--Section 20131(b)(2) of title 51, United States Code, is
amended to read as follows:
``(2) Information described.--
``(A) Activities under agreement.--Information
referred to in paragraph (1) is information that--
``(i) results from activities conducted
under an agreement entered into under
subsections (e) and (f) of section 20113; and
``(ii) would be a trade secret or
commercial or financial information that is
privileged or confidential within the meaning
of section 552(b)(4) of title 5 if the
information had been obtained from a non-
Federal party participating in such an
agreement.
``(B) Certain data.--Information referred to in
paragraph (1) includes data (as defined in section
20151) that--
``(i) was first produced by the
Administration in the performance of any
designated activity (as defined in section
20150); and
``(ii) would be a trade secret or
commercial or financial information that is
privileged or confidential within the meaning
of section 552(b)(4) of title 5 if the data had
been obtained from a non-Federal party.''.
(c) Conforming Amendment.--The table of sections for chapter 201 of
title 51, United States Code, as amended by section 212, is further
amended by inserting after the item relating to section 20150 the
following:
``20151. Data rights.''.
SEC. 214. 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 1 Space Launch System launch
annually beginning after the first successful crewed launch of
Orion on the Space Launch System; and
``(3) establish an outpost in orbit around the Moon that--
``(A) demonstrates technologies, systems, and
operational concepts directly applicable to the space
vehicle that will be used to transport humans to Mars;
``(B) has the capability for periodic human
habitation; and
``(C) can function as a point of departure, return,
or staging for Administration or nongovernmental or
international partner missions to multiple locations on
the lunar surface or other destinations.
``(c) Cost-Effectiveness.--To maximize the cost-effectiveness of
the long-term space exploration and utilization activities of the
United States, the Administrator shall take all necessary steps,
including engaging nongovernmental and international partners, to
ensure that activities in the Administration's human space exploration
program are balanced in order to help meet the requirements of future
exploration and utilization activities leading to human habitation on
the surface of Mars.
``(d) Completion.--Within budgetary considerations, once an
exploration-related project enters its development phase, the
Administrator shall seek, to the maximum extent practicable, to
complete that project without undue delay.
``(e) International Participation.--To achieve the goal of
successfully conducting a crewed mission to the surface of Mars, the
Administrator shall invite the partners in the ISS program and other
nations, as appropriate, to participate in an international initiative
under the leadership of the United States.''.
(b) Definition of Cislunar Space.--Section 10101 of title 51,
United States Code, is amended by adding at the end the following:
``(3) Cislunar space.--The term `cislunar space' means the
region of space beyond low-Earth orbit out to and including the
region around the surface of the Moon.''.
(c) Technical and Conforming Amendments.--Section 3 of the National
Aeronautics and Space Administration Authorization Act of 2010 (42
U.S.C. 18302) is amended by striking paragraphs (2) and (3) and
inserting the following:
``(2) Appropriate committees of congress.--The term
`appropriate committees of Congress' means--
``(A) the Committee on Commerce, Science, and
Transportation of the Senate; and
``(B) the Committee on Science, Space, and
Technology of the House of Representatives.
``(3) Cislunar space.--The term `cislunar space' means the
region of space beyond low-Earth orbit out to and including the
region around the surface of the Moon.''.
SEC. 215. TECHNICAL AMENDMENTS RELATING TO ARTEMIS MISSIONS.
(a) 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--
(1) in subsection (c)(3)--
(A) by striking ``EM-1'' and inserting ``Artemis
I'';
(B) by striking ``EM-2'' and inserting ``Artemis
II''; and
(C) by striking ``EM-3'' and inserting ``Artemis
III''; and
(2) in subsection (f)(3), by striking ``EM-3'' and
inserting ``Artemis III''.
(b) 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--
(1) in paragraph (3)(D)--
(A) by striking ``EM-1'' and inserting ``Artemis
I''; and
(B) by striking ``EM-2'' and inserting ``Artemis
II''; and
(2) in paragraph (4)(C), by striking ``EM-3'' and inserting
``Artemis III''.
TITLE III--SAFETY AND TRANSPARENCY
SEC. 301. 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 IV--U.S. NATIONAL SECURITY
SEC. 401. 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. 402. 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. 403. 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. 404. 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. 405. 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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