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115th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 115-1102
======================================================================
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION AUTHORIZATION ACT OF 2018
_______
December 21, 2018.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Smith of Texas, from the Committee on Science, Space, and
Technology, submitted the following
R E P O R T
[To accompany H.R. 5503]
[Including cost estimate of the Congressional Budget Office]
The Committee on Science, Space, and Technology, to whom
was referred the bill (H.R. 5503) to authorize the programs of
the National Aeronautics and Space Administration for fiscal
years 2018 and 2019, and for other purposes, having considered
the same, report favorably thereon with an amendment and
recommend that the bill as amended do pass.
CONTENTS
Page
Committee Statement and Views.................................... 16
Section-by-Section............................................... 31
Explanation of Amendments........................................ 39
Committee Consideration.......................................... 40
Roll Call Votes.................................................. 40
Application of Law to the Legislative Branch..................... 43
Statement of Oversight Findings and Recommendations of the
Committee...................................................... 43
Statement of General Performance Goals and Objectives............ 43
Duplication of Federal Programs.................................. 43
Disclosure of Directed Rule Makings.............................. 43
Federal Advisory Committee Act................................... 43
Unfunded Mandate Statement....................................... 43
Earmark Identification........................................... 44
Committee Estimate............................................... 44
Budget Authority and Congressional Budget Office Cost Estimate... 44
Changes in Existing Law Made by the Bill as Reported............. 48
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
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 2018''.
(b) Table of Contents.--The table of contents for this Act is the
following:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--AUTHORIZATION OF APPROPRIATIONS
Sec. 101. Fiscal year 2018.
Sec. 102. Fiscal year 2019.
TITLE II--HUMAN EXPLORATION
Sec. 201. Space facilities beyond low-Earth orbit.
Sec. 202. ISS transition.
Sec. 203. Human spaceflight research.
Sec. 204. Critical path redundancy for human spaceflight.
Sec. 205. Space suits.
Sec. 206. Mobile launch platform and interim cryogenic propulsion
stage.
Sec. 207. Mars 2033.
TITLE III--SCIENCE
Subtitle A--Earth Science
Sec. 301. Reimbursable basis for development of sensors and
instruments.
Sec. 302. Earth observations study.
Sec. 303. Land imaging.
Sec. 304. Landsat data policy.
Sec. 305. Earth science missions.
Sec. 306. Goddard Institute for Space Studies Inspector General report.
Subtitle B--Astronomy and Astrophysics
Sec. 311. Search for the origin, evolution, distribution, and future of
life in the universe.
Sec. 312. Wide-Field Infrared Space Telescope.
Subtitle C--Planetary Science
Sec. 321. Near-Earth Object Survey.
Sec. 322. Space nuclear power.
TITLE IV--AERONAUTICS
Sec. 401. Supersonic research.
Sec. 402. Unmanned aircraft systems research.
Sec. 403. 21st Century Aeronautics Research Capabilities Initiative.
Sec. 404. Experimental plane program.
Sec. 405. Hypersonic Technology project.
Sec. 406. Report.
TITLE V--COMMERCIAL
Sec. 501. Commercial supply of space products.
Sec. 502. Space services and in-space infrastructure.
Sec. 503. Preference for launch vehicles manufactured in the United
States.
Sec. 504. Studies on industrial base.
Sec. 505. Enhanced-use leasing.
Sec. 506. Satellite servicing.
TITLE VI--POLICY
Sec. 601. NASA-funded institutes.
Sec. 602. Baseline and cost controls.
Sec. 603. Reports to Congress.
Sec. 604. International technical and operational standards.
Sec. 605. NASA contractor responsibility watch list.
Sec. 606. Human space exploration risk.
Sec. 607. NASA launch support and infrastructure modernization program.
Sec. 608. Reaffirmations on orbital debris.
Sec. 609. Federal-State partnerships.
Sec. 610. Security management of foreign national access.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of NASA.
(2) Cis-lunar space.--The term ``cis-lunar space'' means the
region of space from the Earth out to and including the region
around the surface of the Moon.
(3) ISS.--The term ``ISS'' means the International Space
Station.
(4) NASA.--The term ``NASA'' means the National Aeronautics
and Space Administration.
(5) Near-earth object.--The term ``near-Earth object'' means
an asteroid or comet with a perihelion distance of less than
1.3 Astronomical Units from the Sun.
(6) Nonprofit organization.--The term ``nonprofit
organization'' means an organization determined by the
Secretary of the Treasury to be an organization described in
section 501(c)(3) of the Internal Revenue Code of 1986 (26
U.S.C. 501(c)(3)) which is exempt from taxation under section
501(a) of such Code.
(7) Orion.--The term ``Orion'' means the multipurpose crew
vehicle described under section 303 of the National Aeronautics
and Space Administration Authorization Act of 2010 (42 U.S.C.
18323).
(8) Space launch system.--The term ``Space Launch System''
has the meaning given the term in section 3 of the National
Aeronautics and Space Administration Authorization Act of 2010
(42 U.S.C. 18302).
TITLE I--AUTHORIZATION OF APPROPRIATIONS
SEC. 101. FISCAL YEAR 2018.
There are authorized to be appropriated to NASA for fiscal year 2018,
$20,736,140,000, as follows:
(1) For Science, $6,221,500,000, of which--
(A) $1,921,000,000 is for Earth Science;
(B) $2,227,900,000 is for Planetary Science;
(C) $850,400,000 is for Astrophysics;
(D) $533,700,000 is for the James Webb Space
Telescope; and
(E) $688,500,000 is for Heliophysics.
(2) For Aeronautics, $685,000,000.
(3) For Space Technology, $760,000,000.
(4) For Exploration, $4,790,000,000, of which--
(A) $1,350,000,000 is for Orion and associated
program and other necessary support;
(B) $2,150,000,000 is for the Space Launch System and
associated program and other necessary support;
(C) $895,000,000 is for Exploration Ground Systems,
including $350,000,000 for a second mobile launch
platform and associated Space Launch System activities;
and
(D) $395,000,000 is for Exploration Research and
Development.
(5) For Space Operations, $4,751,500,000.
(6) For Education, $100,000,000, of which--
(A) $18,000,000 is for the Established Program to
Stimulate Competitive Research; and
(B) $40,000,000 is for the National Space Grant
College and Fellowship Program.
(7) For Safety, Security, and Mission Services,
$2,826,900,000.
(8) For Construction and Environmental Compliance and
Restoration, $562,240,000.
(9) For Inspector General, $39,000,000.
SEC. 102. FISCAL YEAR 2019.
There are authorized to be appropriated to NASA for fiscal year 2019,
$21,207,140,000, as follows:
(1) For Deep Space Exploration Systems, $4,929,000,000, of
which--
(A) $4,040,000,000 is for Exploration Systems
Development, of which--
(i) $1,350,000,000 is for Orion and
associated program and other necessary support;
(ii) $2,150,000,000 is for the Space Launch
System and associated program and other
necessary support; and
(iii) $540,000,000 is for Exploration Ground
Systems; and
(B) $889,000,000 is for Advanced Exploration Systems,
of which--
(i) $504,300,000 is for the Lunar Orbital
Platform-Gateway and associated program and
other necessary support;
(ii) $116,500,000 is for Advanced Cislunar
and Surface Capabilities; and
(iii) $268,200,000 is for Exploration
Advanced Systems.
(2) For Exploration and Research Technology, $1,017,700,000,
of which--
(A) $108,500,000 is for Early Stage Innovation and
Partnerships;
(B) $216,500,000 if for Technology Maturation, of
which $75,000,000 is for nuclear fission and cryogenic
fluid management development;
(C) $332,700,000 is for Technology Demonstration.
(D) $140,000,000 is for Human Research Program; and
(E) $205,000,000 is for Small Business Innovation
Research and Small Business Technology Transfer.
(3) For Low-Earth Orbit and Spaceflight Operations,
$4,624,600,000, of which--
(A) $1,462,200,000 is for the International Space
Station;
(B) $2,108,700,000 is for Space Transportation;
(C) $903,700,000 is for Space Flight Support; and
(D) $150,000,000 is for Commercial Low-Earth Orbit
Development.
(4) For Science, $6,623,600,000, of which--
(A) $1,921,000,000 is for Earth Science;
(B) $2,636,500,000 is for Planetary Science;
(C) $1,375,400,000 is for Astrophysics; and
(D) $690,700,000 is for Heliophysics.
(5) For Aeronautics, $685,000,000.
(6) For Education, $100,000,000, of which--
(A) $18,000,000 is for the Established Program to
Stimulate Competitive Research; and
(B) $40,000,000 is for National Space Grant College
and Fellowship Program.
(7) For Safety, Security, and Mission Services,
$2,749,700,000.
(8) For Construction and Environmental Compliance and
Restoration, $438,200,000.
(9) For Inspector General, $39,300,000.
TITLE II--HUMAN EXPLORATION
SEC. 201. SPACE FACILITIES BEYOND LOW-EARTH ORBIT.
(a) Sense of Congress.--It is the sense of Congress that space
facilities for use beyond low-Earth orbit play a significant role in
NASA's long-term pursuit of its exploration goals under section 202(a)
of the National Aeronautics and Space Administration Authorization Act
of 2010 (42 U.S.C. 18312(a)).
(b) Crewed and Crew-Tended Space Facilities Report.--
(1) In general.--Not later than 90 days 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 potential
development of space facilities for use beyond low-Earth orbit.
(2) Contents.--The report required under paragraph (1) shall
include a description of--
(A) how each such space facility can advance, enable,
or complement human exploration of the Solar System,
including of the atmosphere and the surface of
celestial bodies;
(B) the role of the space facility as a staging,
logistics, and operations hub in exploration
architecture;
(C) how the space facility can support the research,
development, testing, validation, operation, and launch
of space exploration systems and technologies;
(D) opportunities and strategies for commercial
operation or public-private partnerships that protect
taxpayer interests and foster competition; and
(E) the role of such a space facility in making,
developing, and refining the case for further crewed
and uncrewed exploration investments.
SEC. 202. ISS TRANSITION.
(a) Findings.--Congress finds the following:
(1) The ISS is a valuable national asset that can continue to
produce worthwhile scientific research and technology.
(2) The ISS mission should be to carry out microgravity
research and development, research in support of deep space
human exploration, and low-Earth orbit commercialization.
(3) In addition to the priorities under paragraph (2), the
United States has a larger and broader need and use for further
microgravity research.
(4) The ISS is the best platform currently available to
conduct certain types of research needed for NASA's deep space
human exploration program with such research currently
scheduled to be completed by the end of fiscal year 2024.
(5) The ISS transition report, submitted pursuant to section
50111(c)(2) of title 51, United States Code, provides an
explanation of NASA's plans to foster the development of
private industry capabilities and private demand with a goal of
ending direct NASA support for ISS operations by the end of
fiscal year 2024.
(6) The plans laid out in the ISS transition report are
conditionally flexible and require feedback to inform next
steps. In addition, the feasibility of ending direct NASA
support for ISS operations by the end of fiscal year 2024 is
dependent on many factors, some of which are indeterminate
until the Administration carries out the initial phases of the
ISS transition plan.
(7) The value of any in-space facility, such as the ISS,
depends both on its contributions to further expansion of human
presence throughout the solar system, pursuant to section 202
of the National Aeronautics and Space Administration
Authorization Act of 2010 (42 U.S.C. 18312) and to making
existing presence self-sustaining.
(8) As the United States moves towards a commitment to a
human presence off the surface of the Earth, other Government
agencies should seek to benefit from and capitalize upon the
ongoing human presence in space.
(b) In General.--The Administration shall support the Johnson Space
Center as a center of innovation and leadership in developing human
operations, including on surfaces of celestial bodies, beyond Earth, to
the cis-lunar region, the Moon, Mars, and beyond.
(c) ISS Operation.--
(1) In general.--NASA shall continue operation of the ISS for
such time as Congress authorizes its operations.
(2) International agreements.--NASA shall pursue
international agreements to provide maximum flexibility for ISS
utilization.
(3) Low-earth orbit.--NASA shall pursue a step-wise
transition of low-Earth orbit human spaceflight operations from
a Government-directed activity to a model where private
industry is responsible for how to meet and execute NASA's
requirements.
(4) Transition report.--NASA shall carry out activities in
fiscal year 2019 as proposed in the ISS transition report,
delivered pursuant to section 50111(c) of title 51, United
States Code.
(d) Reporting.--In addition to the biennial reporting requirement
under section 50111(c) of title 51, United States Code, the
Administrator shall brief the Committee on Science, Space, and
Technology of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate quarterly,
beginning on the date that is 90 days after the date of enactment of
this Act, on the status of, and all progress, changes, and other
developments related to carrying out the plans in the ISS transition
report.
(e) Authorized Funding.--Subject to the availability of
appropriations, the Administrator shall make available at least
$150,000,000 for fiscal year 2019 for commercial low-Earth orbit
development out of the Low Earth Orbit and Spaceflight Operations
account.
SEC. 203. HUMAN SPACEFLIGHT RESEARCH.
(a) Sense of Congress.--It is the sense of Congress that--
(1) in line with the National Space Council Policy Directive
1, as implemented by the President's memo of December 11, 2017,
the United States should lead the return of humans to the Moon
for long-term exploration and utilization, followed by human
missions to Mars and other destinations;
(2) the benefits derived from the peaceful use of space
depend on the extent to which ground-based space
infrastructure, facilities, and research are well-integrated;
and
(3) NASA Johnson Space Center has the expertise and
facilities to support the development of the major
technological innovations necessary to enable and support the
nation's ongoing commitment to human spaceflight, exploration,
and continued human presence in space.
(b) Johnson Space Center Research Office.--
(1) Establishment.--The Administrator shall establish a
research office at Johnson Space Center to build upon the
Center's existing expertise in human space flight missions for
future challenges.
(2) Research director.--The head of the research office shall
be the research director, who shall report directly to the
Director of Johnson Space Center.
(3) Duties.--The research director shall have, at a minimum,
the following duties:
(A) Oversee a research portfolio focused on human
space flight.
(B) Recommend infrastructure and equipment necessary
to carry out a research mission.
(C) Oversee professional development and continuing
education, as necessary and appropriate, for the civil
workforce as the research and innovation focus of the
center increases.
(4) Scope of research.--The research office shall focus on
aspects of research that are directly relevant to the endeavor
of human space flight, including problems of human spaceflight
and robotics supporting human space exploration.
(5) Support for human spaceflight activities.--Johnson Space
Center shall, consistent with its primary responsibilities to
NASA and other government customers, endeavor to make the
fullest possible use of its facilities and infrastructure to
support all U.S. human spaceflight activities, including those
of the private sector.
(c) Report.--Not later than 180 days after the enactment of this Act,
NASA and Johnson Space Center 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
NASA's progress on, and other developments related to, carrying out the
requirements of this section.
(d) Authorized Funding.--Subject to the availability of
appropriations, the Administrator shall make available at least
$15,000,000 in fiscal year 2019 out of the Exploration Research and
Technology account to carry out this section.
SEC. 204. CRITICAL PATH REDUNDANCY FOR HUMAN SPACEFLIGHT.
(a) Findings.--Congress finds that NASA, in cooperation with private
sector and international partners, has facilitated the development of a
wide array of cargo and crew transportation options for operations in
low-Earth orbit and beyond.
(b) Sense of Congress.--It is the sense of Congress that the
availability of a multitude of launch vehicles and crew and cargo
vehicles provides critical path redundancy.
(c) GAO Report on Metrics for Logistical and Transport Redundancy.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United
States 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
that contains an evaluation of appropriate technical benchmarks
and metrics on the suitability and performance, including cost,
reliability, and availability of--
(A) all available crew and cargo vehicles for
destinations in low-Earth orbit, cis-lunar space, and
beyond; and
(B) all available launch vehicles that are capable of
deploying more than 20 tons to low-Earth orbit and
beyond, to support exploration and scientific missions,
particularly to outer planets.
(2) Inclusion in nasa analysis.--The Administrator shall
consider the Comptroller General's report findings on
benchmarks and metrics as part of NASA's analysis of logistical
and transport redundancy.
SEC. 205. SPACE SUITS.
(a) Findings.--Congress finds the following:
(1) Space suits and associated extravehicular activity (in
this section, referred to as ``EVA'') technologies are critical
space exploration technologies.
(2) The NASA civil service workforce at the Johnson Space
Center possesses unique capabilities to integrate, design, and
validate space suits and associated EVA technologies.
(3) Maintaining a strong core competency in the design,
development, manufacture, and operation of space suits and
related technologies allows NASA to be an informed purchaser of
competitively awarded commercial space suits and associated EVA
technologies.
(4) NASA should fully utilize the International Space Station
by 2025 to test future space suits and associated EVA
technologies to reduce risk and improve safety.
(b) Space Suits.--
(1) In general.--NASA shall develop space suits and
associated EVA technologies.
(2) Management.--The Johnson Space Center shall manage the
space suit and EVA programs of NASA.
(3) Private sector.--In carrying out this subsection, the
Administrator may enter into agreements with the private sector
as the Administrator considers appropriate.
SEC. 206. MOBILE LAUNCH PLATFORM AND INTERIM CRYOGENIC PROPULSION
STAGE.
Consistent with NASA's appropriation for fiscal year 2018, the
Administrator shall pursue the following:
(1) The expeditious development of a new-build, second Mobile
Launch Platform specifically designed to support the launch of
Space Launch System configurations that use the Exploration
Upper Stage.
(2) The procurement of a second Interim Cryogenic Propulsion
Stage.
SEC. 207. MARS 2033.
(a) Finding.--Congress finds that human exploration of Mars is an
important objective in NASA's human exploration agenda.
(b) Prioritization.--The Administrator shall prioritize timelines for
fulfillment of the engineering, science, and safety requirements to
reduce mission risk and ensure mission completion when evaluating human
exploration of Mars by 2033, if not sooner.
TITLE III--SCIENCE
Subtitle A--Earth Science
SEC. 301. REIMBURSABLE BASIS FOR DEVELOPMENT OF SENSORS AND
INSTRUMENTS.
Chapter 605 of title 51, United States Code, is amended by adding at
the end the following:
``Sec. 60507. Reimbursable basis for development of sensors and
instruments
``Any work undertaken by the Administration for the benefit of
another agency shall be conducted on a reimbursable basis that accounts
for the full cost of the work, including work undertaken 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.''.
(1) Technical amendment.--The table of sections for chapter
605 of title 51, United States Code, is amended by adding at
the end the following:
``60507. Reimbursable basis for development of sensors and
instruments.''.
SEC. 302. EARTH OBSERVATIONS STUDY.
Section 702 of the National Aeronautics and Space Administration
Authorization Act of 2010 (42 U.S.C. 18371) is amended--
(1) by striking ``The Director of'' and inserting the
following:
``(a) In General.--The Director of''; and
(2) by adding at the end the following:
``(b) Consideration.--In carrying out the strategic implementation
plan under subsection (a), the Director shall take into account and
incorporate into such plan, as appropriate, purchasing Earth
observation data and services from the private sector or through
public-private partnerships to meet Earth observation requirements.''.
SEC. 303. LAND IMAGING.
(a) Sense of Congress.--It is the sense of Congress that--
(1) 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; and
(2) to the greatest extent practicable, the United States
should foster the development of U.S. private sector remote
sensing capabilities and analyses that can satisfy the public
interest in long-term continuous collection of medium-
resolution land remote sensing data.
(b) Continuous Land Remote Sensing Data Collection.--
(1) In general.--Subchapter IV of chapter 601 of title 51,
United States Code, is amended by adding at the end the
following new section:
``Sec. 60135. Continuous land remote sensing data collection
``(a) Policy.--It is the policy of the United States to--
``(1) ensure, to the greatest extent practicable, the
continuous collection of space-based, medium-resolution
observations of the Earth's land cover;
``(2) ensure that the collected data are made available in
such ways as to facilitate the widest possible use; and
``(3) foster, to the greatest extent practicable the
development of U.S. private sector remote sensing capabilities
and analyses that can satisfy the public interest in long-term
continuous collection of medium-resolution land remote sensing
data.
``(b) Coordination.--The National Space Council, in consultation with
other relevant Federal agencies, shall coordinate United States
Government activities described under paragraphs (1) through (3) of
subsection (a).''.
(2) Conforming amendment.--The table of sections for
subchapter IV of chapter 601 of title 51, United States Code,
is amended by adding at the end the following new section:
``60135. Continuous land remote sensing data collection.''.
SEC. 304. LANDSAT DATA POLICY.
(a) In General.--
(1) Limitation on use of funds.--No funds may be obligated or
expended for Landsat 11 or any other subsequent Landsat system
until the Administrator has completed a study assessing which
aspects of Landsat system observations and associated science
requirements can be provided by purchasing data from the
private sector or through public-private partnerships.
(2) Report.--Not later than 1 year 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 the results
of the study required under paragraph (1).
(b) Definition of Landsat System.--In this section, the term
``Landsat system'' has the meaning given that term in section 60101 of
title 51, United States Code.
SEC. 305. EARTH SCIENCE MISSIONS.
The Administrator shall continue to restructure the Earth science
portfolio of NASA to reduce overall costs, support innovative and
sustainable programs and missions with commercial and international
partners, and align with the recommendations of the National Academy of
Sciences included in the publication published in 2018 titled
``Thriving on Our Changing Planet: A Decadal Strategy for Earth
Observation from Space'' to ensure that the Earth science portfolio is
focused on the highest priority missions for the science and
applications communities within a balanced, comprehensive Earth science
program.
SEC. 306. GODDARD INSTITUTE FOR SPACE STUDIES INSPECTOR GENERAL REPORT.
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
containing the results of NASA's implementation of the recommendations
identified in the report published by the NASA Office of Inspector
General on April 5, 2018, titled ``NASA's Management of GISS: The
Goddard Institute for Space Studies''.
Subtitle B--Astronomy and Astrophysics
SEC. 311. SEARCH FOR THE ORIGIN, EVOLUTION, DISTRIBUTION, AND FUTURE OF
LIFE IN THE UNIVERSE.
(a) Policy.--Section 20102(d)(10) of title 51, United States Code,
includes the search for life's origin, evolution, distribution, and
future in the universe as an objective of U.S. aeronautical and space
activities.
(b) In General.--NASA shall partner with the private sector and
philanthropic organizations to the maximum extent practicable to search
for technosignatures, such as radio transmissions, in order to meet the
NASA objective to search for life's origin, evolution, distribution,
and future in the universe.
(c) Report.--Not later than 90 days 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,
produced in consultation with industry and academia, on all NASA
programs, including partnerships with the private sector and
philanthropic organizations, that contribute to the search for life's
origin, evolution, distribution, and future in the universe.
(d) Authorized Funding.--Subject to the availability of
appropriations, the Administrator shall make available at least
$10,000,000 for each of fiscal years 2018 and 2019 for the search for
technosignatures.
SEC. 312. WIDE-FIELD INFRARED SPACE TELESCOPE.
(a) Findings.--Congress finds the following:
(1) Concurrent flagship programs challenge significantly
NASA's program management capacity, especially during later
stages of the program management process.
(2) The Wide-Field Infrared Space Telescope (hereinafter
referred to as ``WFIRST'') was cancelled in the President's
fiscal year 2019 budget request.
(3) WFIRST was funded in the amount of $150,000,000 in NASA's
appropriation for fiscal year 2018.
(4) Pursuant to direction in NASA's appropriation for fiscal
year 2018, NASA is conducting a preliminary life-cycle cost
estimate, including any additions needed to achieve Class A
classification, along with a year-by-year breakout of
development costs.
(5) Until such preliminary life-cycle cost estimate is
complete, Congress has insufficient information to judge
whether or not WFIRST should be authorized to proceed in fiscal
year 2019.
(b) Total Cost.--The total formulation and development cost, as such
term is defined in section 30104 of title 51, United States Code, for
the Wide-Field Infrared Space Telescope shall not exceed
$3,200,000,000.
(c) Budget.--The Administrator shall include in the budget for fiscal
year 2020 a 5-year funding profile necessary to achieve the goal in
subsection (b).
(d) Limitation.--The Administrator shall not procure a launch vehicle
for the Wide-Field Infrared Space Telescope until the James Webb Space
Telescope is operational in space.
Subtitle C--Planetary Science
SEC. 321. NEAR-EARTH OBJECT SURVEY.
(a) Findings.--Congress finds the following:
(1) The George E. Brown, Jr. Near-Earth Object Survey Act
(Public Law 109-155) established the Near-Earth Object Survey
program to detect, track, and catalogue the physical
characteristics of near-Earth objects equal to or greater than
140 meters in diameter in order to assess the threat of such
objects to Earth.
(2) The goal of the Survey program is to achieve 90 percent
completion of the near-Earth project catalogue (based on
statistically predicted populations of near-Earth objects) not
later than 15 years after the date of the enactment of the
George E. Brown, Jr. Near-Earth Object Survey Act.
(3) NASA has been successful finding more than 90 percent of
the near-Earth asteroids larger than one kilometer but has only
found about 30 percent of the near-Earth objects larger than
140 meters.
(4) The vast majority of near-Earth object discoveries have
been made by NASA-supported ground-based telescopic surveys.
(b) Sense of Congress.--It is the sense of Congress that--
(1) in order to meet the statutory requirements of the George
E Brown, Jr. Near-Earth Object Survey Act (Public Law 109-155),
a space-based telescope mission should be fully funded and
supported by NASA and carried out by the Planetary Defense
Coordination Office; and
(2) the space-based telescope Near-Earth Object Camera
mission, or a similar infrared telescope concept optimized for
near-Earth object search and characterization, could discover
and characterize most of the potentially hazardous asteroids
that are near the Earth.
SEC. 322. SPACE NUCLEAR POWER.
(a) Finding.--Congress finds that in-space nuclear fission power
complements the use of Plutonium-238 radioisotope thermoelectric
generators (in this section referred to as ``RTG'') for spacecraft
power needs.
(b) Policy.--It is the policy of the United States--
(1) to continue the development of in-space nuclear fission
technology, as necessary, for purposes including--
(A) in-space power generation for advanced in-space
propulsion;
(B) onboard power generation to replace or supplement
RTG systems;
(C) power generation on the surface of celestial
bodies;
(D) extraction and processing of in situ resources;
and
(E) nuclear thermal and nuclear electric propulsion
able to transport crew or cargo among Earth and other
celestial bodies much more rapidly than is practical
with non-nuclear systems;
(2) that research and development of in-space nuclear fission
power should be carried out as part of a portfolio that
appropriately balances development of power systems at
different sizes and maturities, with an emphasis on early
development of mature, operational systems; and
(3) that NASA should continually seek to streamline the
process for space launch approval of nuclear materials,
eliminate redundant and unneeded processes, and regularize the
process for efficient, regular functioning, and toward that
end, the Administrator should update the launch approval
process and seek to establish a licensing process for private
nuclear power sources in space.
(c) Space Nuclear Power Report.--
(1) In general.--Not later than 180 days 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, produced in consultation
with industry and academia, on the use and role of nuclear
fission power in space.
(2) Contents.--The report required under paragraph (1) shall
include--
(A) an assessment of the prospects for in-space
nuclear fission reactors, describing particular roles
and missions for which nuclear power is uniquely well-
suited;
(B) a description of the convergence between NASA's
existing Plutonium-238 RTG programs and ongoing nuclear
thermal propulsion and nuclear power generation
development programs;
(C) a detailed plan for encouraging convergence
between NASA's various nuclear power and propulsion
efforts;
(D) an identification of key infrastructure and
facilities needed for the development of in-space
nuclear fission power reactors;
(E) an identification of particular legal issues,
including regulatory challenges, that must be addressed
for the use of nuclear fission power systems;
(F) how small in-space nuclear fission reactors can
complement or replace existing and planned radioisotope
thermal generator capabilities;
(G) information on very low cost, high reliability
designs that can be made operational quickly; and
(H) a cost analysis, including long-term and security
costs, of the use of highly enriched uranium versus
low-enriched uranium in power generation in space
applications, including surface power and in-space
propulsion.
(d) Demonstration.--NASA should demonstrate a nuclear power reactor
for use in space using existing authorized funding levels and within a
schedule made possible by appropriated funding.
TITLE IV--AERONAUTICS
SEC. 401. SUPERSONIC RESEARCH.
(a) Policy.--It is the policy of the United States to reduce
Government barriers to the development of civil supersonic
transportation.
(b) Research.--Section 40112(a) of title 51, United States Code, is
amended--
(1) by striking ``The Administrator'' and inserting the
following:
``(1) In general.--The Administrator''; and
(2) by adding at the end the following:
``(2) Research.--The Administrator, in consultation with the
Administrator of the Federal Aviation Administration, shall
undertake research on supersonic transport to inform and
accelerate the promulgation of domestic regulations and
international standards and recommended practices that will
open up the U.S. civil airspace to civil supersonic
transport.''.
SEC. 402. UNMANNED AIRCRAFT SYSTEMS RESEARCH.
(a) In General.--
(1) Title 51.--Chapter 315 of title 51, United States Code,
is amended by adding at the end the following:
``Sec. 31506. Unmanned aircraft systems research
``The Administrator, in consultation with the Administrator of the
Federal Aviation Administration and other Federal agencies, shall
conduct research on facilitating the safe integration of unmanned
aircraft 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.''.
(2) Conforming amendment.--The table of sections for chapter
315 of title 51, United States Code, is amended by adding at
the end the following new item:
``31506. Unmanned aircraft systems research.''.
(b) Cooperative Unmanned Aerial Vehicle Activities.--Section 31504 of
title 51, United States Code, is amended by adding at the end the
following: ``Operational flight data derived from such 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.''.
SEC. 403. 21ST CENTURY AERONAUTICS RESEARCH CAPABILITIES INITIATIVE.
(a) Establishment.--The Administrator shall establish an initiative
to be known as the 21st Century Aeronautics Research Capabilities
Initiative, funded through the Construction of Facilities account, to
ensure that NASA possesses the infrastructure capabilities and
computational tools necessary to conduct flight demonstration projects
across the range of NASA aeronautics interests.
(b) Activities.--In carrying out the 21st Century Aeronautics
Research Capabilities Initiative, the Administrator shall--
(1) upgrade and create facilities for civil and national
security aeronautics research; and
(2) support flight testing activities.
(c) Operating Model.--In carrying out the 21st Century Aeronautics
Research Capabilities Initiative, the Administrator shall, to the
greatest extent practicable, build on NASA's work on developing its
Operating Model and the results of the Technical Capabilities
Assessment Team.
(d) Report.--
(1) Report required.--Not later than 120 days 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 containing a 5-year plan
for the implementation of the 21st Century Aeronautics Research
Capabilities Initiative.
(2) Elements.--The report required under this subsection
shall include--
(A) a description of proposed projects;
(B) a description of how the projects align with the
Aeronautics Strategic Implementation Plan; and
(C) a timetable for carrying out activities and
initiatives authorized under this section.
(e) Authorization of Appropriations.--There are authorized to be
appropriated $50,000,000, funded through the Construction of Facilities
account, for fiscal year 2019 to carry out this section.
SEC. 404. EXPERIMENTAL PLANE PROGRAM.
(a) Policy.--It is the policy of the United States to maintain the
role of the United States as a world leader in aeronautical science and
technology.
(b) Objective.--One of the fundamental objectives of NASA aeronautics
research is the steady progression and expansion of high-speed flight
research and capabilities, including the science and technology of
critical underlying disciplines and competencies, the most important of
which are computational-based analytical and predictive tools and
methodologies, aero thermodynamics, high-speed flight propulsion, high-
temperature structures and materials, and flight controls.
SEC. 405. HYPERSONIC TECHNOLOGY PROJECT.
(a) Findings.--Congress finds that--
(1) the development of new hypersonic flight technologies is
important to the United States;
(2) though hypersonic flight technologies are likely to be
applied to enhance defense systems in the near-term, in the
long-term, application of such technologies may expand to
include improved access-to-space capabilities that benefit
NASA; and
(3) NASA maintains specialized facilities and experts who
will focus on research areas that explore challenges in
hypersonic flight.
(b) Policy.--In carrying out the Hypersonic Technology Project, NASA
should focus research and development efforts on high-speed propulsion
systems, reusable vehicle technologies, high-temperature materials, and
systems analysis.
(c) Authorized Funding.--Subject to the availability of
appropriations, the Administrator shall make available at least
$30,000,000 for fiscal year 2019 for the Hypersonic Technology Project
from the Aeronautics account.
SEC. 406. REPORT.
The Administrator shall submit to the Committee a report on the
development of the Low-Boom Flight Demonstration aircraft, including
the following:
(1) NASA's planned coordination with other executive agencies
to ensure developmental and operational testing infrastructure
availability during flight demonstration.
(2) NASA's acquisition strategy to ensure availability of
chase aircraft for flight demonstration.
TITLE V--COMMERCIAL
SEC. 501. COMMERCIAL SUPPLY OF SPACE PRODUCTS.
(a) In General.--Subchapter II of chapter 501 of title 51, United
States Code, is amended by adding at the end the following:
``Sec. 50117. Commercial supply of space products
``(a) In General.--In planning and carrying out space exploration
missions, the Administrator shall, to the greatest extent practicable,
prioritize the acquisition and use of space products provided by a
United States commercial provide.
``(b) Space Product Defined.--In this section, the term `space
product' means a tangible good, including a finished good, or
commodity, including a propellant, water, oxygen, or gas, that--
``(1) is required for space exploration activities; and
``(2) originates in outer space.
``(c) Commodities Used in Space.--
``(1) List of commodities.--In planning a space exploration
mission, the Administrator shall create a list of commodities
to be used during such mission. The list shall include
specification of each commodity, anticipated quantity, and the
location and timeframe of need.
``(2) Commodity cost basis.--For each commodity listed
pursuant paragraph (1), NASA shall establish a commodity cost
basis that shall represent the lesser of--
``(A) the estimated cost to procure the commodity on
Earth and deliver the commodity to the location of use;
and
``(B) the estimated cost for the Government to
procure the equivalent commodity that is a space
product.
``(3) Publication.--The Administrator shall annually publish
the information compiled under paragraphs (1) and (2) during
the previous calendar year.
``(d) Exceptions.--The Administrator shall not be required to
prioritize the acquisition of space products for the purposes described
in subsection (a) if, on a case-by-case basis--
``(1) the Administrator determines that--
``(A) cost-effective space products that meet
specific mission requirements would not be reasonably
available from United States commercial providers when
required;
``(B) the use of space products from United States
commercial providers poses an unacceptable mission
risk; or
``(C) the use of space products is inconsistent with
international agreements for international
collaborative efforts relating to science and
technology; or
``(2) the Secretary of the Air Force determines that the use
of space commodities from United States commercial providers is
inconsistent with national security objectives.
``(e) Agreements With Foreign Entities.--Nothing in this section
shall prevent the Administrator from planning or negotiating agreements
with foreign governmental entities for the provision of space
products.''.
(b) Conforming Amendment.--Subchapter II of chapter 501 of title 51,
United States Code, is amended by adding at the end the following:
``50117. Commercial supply of space products.''.
SEC. 502. SPACE SERVICES AND IN-SPACE INFRASTRUCTURE.
(a) Sense of Congress.--It is the sense of Congress that there exist
many commercial opportunities with a wide array of providers and
partners that will allow for more effective use of taxpayer investments
in the pursuit of the long-term goals of NASA, as described in section
202(a) of the National Aeronautics and Space Administration
Authorization Act of 2010 (42 U.S.C. 18312(a)), including expanding
permanent human presence beyond low-Earth orbit.
(b) Report.--Not later than 120 days 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
describing the various commercial opportunities and options for the
procurement of in-space services or use of in-space infrastructure for
exploration and other NASA missions.
SEC. 503. PREFERENCE FOR LAUNCH VEHICLES MANUFACTURED IN THE UNITED
STATES.
It is the sense of Congress that the Administrator should, to the
greatest extent possible, with respect to entering into contracts for
commercial space data and services, provide weighed preference,
selection points, and other incentives for the use of launch vehicles
that are manufactured in the United States.
SEC. 504. STUDIES ON INDUSTRIAL BASE.
No funds may be obligated or expended by the Administrator for
purposes of carrying out a Bureau of Industry and Security survey of
the United States aerospace industrial base until the date that is 30
days after the date on which the Administrator submits 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
written notification that includes--
(1) the proposed subject matter of such survey;
(2) a description of the information to be required of survey
respondents; and
(3) any penalties proposed to be assessed by the Federal
Government against respondents for noncompliance with survey
requirements.
SEC. 505. ENHANCED-USE LEASING.
(a) Sense of Congress.--It is the sense of Congress that--
(1) NASA possesses a variety of unique and world-class
facilities;
(2) NASA is developing and using many different methods to
offset the cost of maintaining and operating such facilities;
(3) nongovernmental entities, States, and local governments
may be able to use such facilities in a manner that is cost-
effective; and
(4) agreements between NASA and nongovernmental entities,
States, and local governments regarding the use of such
facilities may offset a portion of the spending of NASA.
(b) Extension of Authority To Lease Non-Excess Property.--Section
20145(g) of title 51, United States Code, is amended by striking
``December 31, 2018'' and inserting ``December 31, 2020''.
(c) Condition on Use of Funds.--For any year for which funds are made
available under section 20145 of title 51, United States Code, (as
amended by subsection (b)), no funds may be expended by the
Administrator under such section after January 31 unless the
Administrator submits, before such date, to the Committee on Science,
Space, and Technology of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate the annual
report required under such section for the prior year.
SEC. 506. SATELLITE SERVICING.
The Administrator shall continue to restructure NASA investments in
the development of satellite servicing technologies to reduce the
overall cost to NASA and align with NASA needs for exploration.
TITLE VI--POLICY
SEC. 601. NASA-FUNDED INSTITUTES.
(a) Findings.--Congress finds that on June 9, 2016, the Office of
Inspector General of NASA reported that--
(1) NASA does not aggregate information on the universe,
status, or funding levels for the many institutes it supports;
(2) the absence of this information makes it difficult for
NASA leaders to strategically evaluate the scope or purpose of
its institute investments and for Congress and other
stakeholders to understand how NASA is spending more than
three-quarters of a billion dollars of its budget annually;
(3) absent comprehensive, centralized information about these
investments, it may be difficult for NASA to avoid duplication
among its efforts;
(4) NASA has not defined what constitutes an institute or
established guidance and metrics on the management, use, or
expectations for return on investment;
(5) such guidance may enable NASA to gain a better
understanding of how funds directed to NASA-funded institutes
are utilized to accomplish the mission and goals of NASA,
increase its return on investment, and evaluate the performance
of such institutes; and
(6) NASA lacks a standard process to assess a potential
grantee's financial condition prior to grant award or to impose
additional reporting or oversight requirements that such a
condition may warrant, and without such a mechanism, NASA risks
making uninformed investment decisions.
(b) Institute Budgets.--Section 30103(a) of title 51, United States
Code, is amended--
(1) in paragraph (5), by striking ``and'' at the end;
(2) by redesignating paragraph (6) as paragraph (7); and
(3) by inserting after paragraph (5) the following:
``(6) the budget for each NASA-funded institute; and''.
(c) Report.--Not later than 90 days 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 that
recommends guidance and metrics for the management, utilization,
expectations for return on investment, and financial condition of NASA-
funded institutes.
SEC. 602. BASELINE AND COST CONTROLS.
Section 30104(e)(1)(A) of title 51, United States Code, is amended--
(1) in clause (ii) by striking ``and'' at the end;
(2) in clause (iii) by striking ``and'' at the end; and
(3) by adding at the end the following:
``(iv) any changes made in the performance or
schedule milestones and the degree to which
such changes have contributed to the increase
in total cost;
``(v) new estimates of the specific project
or specific program cost; and
``(vi) a statement validating that the
management structure of the project or program
is adequate to control cost; and''.
SEC. 603. REPORTS TO CONGRESS.
(a) In General.--Chapter 301 of title 51, United States Code, is
amended by adding at the end the following:
``Sec. 30105. Concurrent reports
``For any report that the Administration submits to the Committee on
Appropriations of the House of Representatives or the Committee on
Appropriations of the Senate, the Administrator shall concurrently
submit 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.''.
(b) Conforming Amendment.--The table of sections for chapter 301 of
title 51, United States Code, is amended by adding at the end the
following:
``30105. Concurrent reports.''.
SEC. 604. INTERNATIONAL TECHNICAL AND OPERATIONAL STANDARDS.
(a) Findings.--Congress finds that--
(1) section 71301 of title 51, United States Code, directs
the Administrator to ``enter into discussions with the
appropriate representatives of spacefaring nations who have or
plan to have crew transportation systems capable of orbital
flight or flight beyond low Earth orbit for the purpose of
agreeing on a common docking system standard'';
(2) the development of an international docking standard has
been beneficial in promoting Government and private sector
space exploration, interoperability, and United States
international leadership;
(3) NASA continues the development described in paragraph (2)
by coordinating the development of joint international deep
space interoperability standards; and
(4) the long-term goals of NASA, as described in section
202(a) of the National Aeronautics and Space Administration
Authorization Act of 2010 (42 U.S.C. 18312(a)), include
expanding permanent human presence beyond low-Earth orbit.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the plans of NASA for crewed exploration beyond low-Earth
orbit should involve a wide array of partners to address the
technological challenges of deep space exploration;
(2) the development of common terminology and concepts for
spacecraft design and safety will help promote NASA leadership
in space and spacecraft design;
(3) the adoption of common design and safety terminology and
concepts across NASA would enable NASA to pursue the long-term
goals of NASA, described in section 202(a) of the National
Aeronautics and Space Administration Authorization Act of 2010
(42 U.S.C. 18312(a)), in a manner that is effective and
efficient; and
(4) NASA should continue to develop and promote common
terminology and concepts for spacecraft design and safety.
SEC. 605. NASA CONTRACTOR RESPONSIBILITY WATCH LIST.
(a) In General.--The Administrator shall establish and maintain a
watch list of contractors with a history of poor performance on space
procurement contracts or research, development, test, and evaluation
space program contracts.
(b) Basis for Inclusion on List.--
(1) Determination.--The Administrator may place a contractor,
including parties contracting under other transaction
authorities, on the watch list established under subsection (a)
upon determining that the ability of the contractor to perform
a contract specified in such subsection is uncertain because of
any of the following:
(A) Poor performance or award fee scores below 50
percent.
(B) Financial concerns.
(C) Felony convictions or civil judgements.
(D) Security or foreign ownership and control issues.
(2) Discretion of the administrator.--The Administrator shall
be responsible for determining which contractors to place on
the watch list, whether an entire company or a specific
division should be included, and when to remove a contractor
from the list.
(c) Effect of Listing.--
(1) Prime contracts.--NASA may not solicit an offer from,
award a contract to, execute an engineering change proposal
with, or exercise an option on any program of NASA with a
contractor included on the list established under subsection
(a) without the prior direct approval of the Administrator.
(2) Subcontracts.--A prime contractor on a contract entered
into with NASA may not enter into a subcontract valued in
excess of $3,000,000 or five percent of the prime contract
value, whichever is lesser, with a contractor included on the
watch list established under subsection (a) without the prior
approval of the Administrator.
(d) Request for Removal From List.--A contractor may submit to the
Administrator a written request for removal from the watch list,
including evidence that the contractor has resolved the issue that was
the basis for inclusion on the list.
(e) Rule of Construction.--Nothing in this section shall be construed
as preventing the suspension or debarment of a contractor, but
inclusion on the watch list shall not be construed as a punitive
measure or de facto suspension or debarment of a contractor.
SEC. 606. HUMAN SPACE EXPLORATION RISK.
(a) Findings.--Congress finds the following:
(1) American leadership in the peaceful exploration and use
of outer space has been a long-standing priority for the United
States.
(2) The reestablishment of the National Space Council in 2017
by the President demonstrates the strategic importance of outer
space to the Nation.
(3) The December 2017 National Security Strategy of the
United States establishes the broad strategic importance of
outer space exploration and use for the United States.
(b) Sense of Congress.--It is the sense of Congress that--
(1) exploration and use of outer space is a matter of broad,
national strategic importance; and
(2) space exploration decision-making and requirement-setting
in such a strategic context is complex, especially with respect
to setting appropriate priorities and levels of risk tolerance.
(c) Report on Inherent Justifiable Risk.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the National Space Council, or its
designee, shall submit to Congress and make available to the
public a report relating the broad strategic national
importance of space to the inherent, justifiable risk of the
exploration and use of space.
(2) Policy and strategy.--The Administrator shall engage with
appropriate members of the private sector, academia, and
nonprofit organizations on a policy and strategy of enterprise-
level engineering and operational risk management to present in
the report that addresses inherent, justifiable risks of loss
of life that may occur in space exploration and use.
(3) Contents.--The report required under paragraph (1)
shall--
(A) clarify the broad strategic case and value of
space;
(B) address inherent, justifiable risks of loss of
life that may occur in space exploration and use; and
(C) discuss enterprise- and architecture-level
approaches for exploration risk management.
SEC. 607. NASA LAUNCH SUPPORT AND INFRASTRUCTURE MODERNIZATION PROGRAM.
(a) Launch Support and Infrastructure Modernization.--The
Administrator shall continue the program established under section 305
of the National Aeronautics and Space Administration Authorization Act
of 2010 (42 U.S.C. 18325) for launch support and infrastructure
modernization for launch sites and ranges at NASA facilities that
support the International Space Station mission.
(b) Leverage of Infrastructure Investments.--Such program should, to
the greatest extent practicable, leverage current and planned State
government infrastructure investments at NASA facilities to support
these and other missions and use funding available under this program
to collaborate on relevant infrastructure projects.
SEC. 608. REAFFIRMATIONS ON ORBITAL DEBRIS.
(a) Reaffirmation of Findings.--Congress reaffirms the findings under
section 839(a) of the National Aeronautics and Space Administration
Transition Authorization Act of 2017 (Public Law 115-10) that--
(1) orbital debris poses serious risks to the operational
space capabilities of the United States;
(2) an international commitment and integrated strategic plan
are needed to mitigate the growth of orbital debris wherever
possible; and
(3) the delay in the Office of Science and Technology
Policy's submission of a report on the status of international
coordination and development of orbital debris mitigation
strategies is inconsistent with such risks.
(b) Reaffirmation of Sense of Congress.--Congress reaffirms the sense
of Congress under section 840(a) of the National Aeronautics and Space
Administration Transition Authorization Act of 2017 (Public Law 115-10)
that--
(1) orbital debris in low-Earth orbit poses significant risks
to spacecraft;
(2) such orbital debris may increase due to collisions
between existing debris objects; and
(3) understanding options to address and remove orbital
debris is important for ensuring safe and effective spacecraft
operations in low-Earth orbit.
SEC. 609. FEDERAL-STATE PARTNERSHIPS.
(a) Sense of Congress.--It is the sense of Congress that, as State
and local governments have invested hundreds of millions of dollars in
new infrastructure and operations at Administration space facilities to
meet the needs of civil, national security, and commercial space
activities, the Administration should seek to leverage such investments
and the resources and capabilities of State and local governments.
(b) Report.--Not later than 120 days after the date of enactment of
this Act, the Administrator shall submit to Congress a report
describing--
(1) existing partnerships with State and local governments at
Administration facilities;
(2) past and current investments and partnerships in facility
infrastructure and operations with State and local government
that benefitted Federal, State, and commercial users;
(3) the contracting mechanisms used and the average response
time from a facility infrastructure partnership proposal to
approval by the Administration;
(4) current or prospective opportunities for Federal-State
matching grant funding to support shared infrastructure;
(5) the benefits and challenges associated with Federal-State
infrastructure partnerships; and
(6) how, if at all, the Administration should expand Federal-
State partnerships to better meet the needs of civil, national
security, and commercial space activities.
SEC. 610. SECURITY MANAGEMENT OF FOREIGN NATIONAL ACCESS.
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 when the agency has
implemented the information technology security recommendations from
the National Academy of Public Administration on foreign national
access management.
Committee Statement and Views
PURPOSE AND SUMMARY
The purpose of H.R. 5503, the ``National Aeronautics and
Space Administration Authorization Act of 2018,'' is to
authorize the programs of NASA for fiscal years 2018 and 2019.
BACKGROUND AND NEED FOR LEGISLATION
The NASA Authorization Transition Act of 2017 set a tone of
American leadership in space. H.R. 5503 seeks to continue and
extend that vision, a vision set by Congress and the
Administration. Congress continues to support NASA as a multi-
mission agency and seeks to establish a balanced portfolio and
budget for NASA's future, while supporting the President's plan
for NASA exploration and leadership in space.
Developments in the U.S. private aerospace industry within
the past decade have caused a significant shift in who can
access space. Space was originally used solely by governments,
but improvements in technology and decreases in costs has led
to the development of a diverse aerospace industry. It is more
important now than ever for NASA to leverage and foster this
growing industry.
NASA benefits from working closely with other agencies and
our international partners. Congress recognizes these benefits;
therefore, this Act encourages and deepens partnerships with
industry, other agencies, and international partners.
Congress also recognizes the need for constraints in the
Federal budget; therefore, this Act prioritizes achieving
NASA's multi-mission goals while controlling costs. This
control is achieved by directing NASA to leverage industry,
government, and international partnerships and provide better
oversight of NASA programs.
LEGISLATIVE HISTORY
During the 113th, 114th and 115th Congresses, the House
Committee on Science, Space, and Technology held 45 hearings
and 13 markups relevant to this bill.
On Tuesday, March 19, 2013, the Committee held a hearing
titled, ``Threats from Space: A Review of U.S. Government
Efforts to Track and Mitigate Asteroids and Meteors, Part I.''
This was the first in a series of hearings examining the
tracking, characterization and mitigation of Near Earth
Objects. The hearing provided Members of the Committee the
opportunity to receive testimony regarding the ongoing work,
planned efforts, and coordination procedures within the
National Aeronautics and Space Administration, the Office of
Science and Technology Policy, and the U.S. Air Force Space
Command. The Committee heard testimony from The Honorable John
P. Holdren, Director of the Office of Science and Technology
Policy in the Executive Office of the President; Gen. William
L. Shelton, Commander of the U.S. Air Force Space Command; and
The Honorable Charles F. Bolden, Jr., Administrator of NASA.
On Wednesday, April 10, 2013, the Committee held a hearing
titled, ``Threats from Space, Part II: A Review of Private
Sector Efforts to Track and Mitigate Asteroids and Meteors.''
This was the second hearing the Committee examined the
tracking, characterization and mitigation of Near Earth
Objects. The hearing focused on the most viable near-term
initiatives within the private sector and the international
coordination needed to identify and characterize potentially
hazardous near-Earth objects. The Committee heard testimony
from Dr. Ed Lu, Chairman and CEO of B612 Foundation; Dr. Donald
K. Yeomans, Manager of the Near-Earth Objects Program Office at
NASA's Jet Propulsion Laboratory (JPL); and Dr. Michael F.
A'Hearn, Vice-Chair of the Committee to Review Near-Earth
Object Surveys and Hazard Mitigation Strategies at the National
Research Council.
On Wednesday, April 24, 2013, the Subcommittee on Space
held a hearing titled, ``An Overview of the National
Aeronautics and Space Administration Budget for Fiscal Year
2014.'' The purpose of the hearing was to review the
Administration's fiscal year 2014 (FY14) budget request for
NASA and examine its priorities and challenges. The sole
witness was the Honorable Charles F. Bolden, Jr., Administrator
of NASA.
On Thursday, May 9, 2013, the Subcommittee on Space with
the Subcommittee on Research and Technology held a hearing
titled, ``Exoplanet Discoveries: Have We Found Other Earths?''
The purpose of the hearing was to review the recent discovery
of three super-Earth sized planets by NASA's Kepler space
telescope. The hearing also assessed the state of exoplanet
surveying, characterization, and research, as well as
coordination within the government and with external partners.
Since NASA and the National Science Foundation (NSF) both
contribute to the search for exoplanets, the hearing also
discussed NASA's Exoplanet Exploration Program and NSF's
Division of Astronomical Science. NASA provides space-based
telescopes to identify potential planets, while NSF builds
ground-based telescopes. Both agencies fund research that
assists in categorizing and characterizing candidate planets.
The Subcommittees heard testimony from Dr. Laurance Doyle,
Principal Investigator of the Center for the Study of Life in
the Universe at the SETI Institute, and member of the NASA
Kepler Mission Science Team; Dr. John Grunsfeld, Associate
Administrator of the Science Mission Directorate at NASA; and
Dr. James Ulvestad, Division Director of the Division of
Astronomical Sciences within the Directorate for Mathematical
and Physical Sciences at NSF.
On Tuesday, May 21, 2013, the Subcommittee on Space held a
hearing titled, ``Next Steps in Human Exploration to Mars and
Beyond.'' The purpose of the hearing was to examine possible
options for the next steps in human space flight and how those
options move the U.S. closer to a human mission to Mars and
beyond. In particular, the Committee explored whether the
Administration's proposed asteroid rendezvous mission is a
better precursor for an eventual manned mission to Mars
compared to Apollo-like follow-on missions to return to the
Moon. The Subcommittee heard testimony from Dr. Louis Friedman,
Co-Lead of the Keck Institute for Space Studies Asteroid
Retrieval Mission Study and Executive Director Emeritus at The
Planetary Society; Dr. Paul Spudis, Senior Staff Scientist at
the Lunar and Planetary Institute; Dr. Steve Squyres, Goldwin
Smith Professor of Astronomy at Cornell University; and Mr.
Doug Cooke, Owner of Cooke Concepts and Solutions.
On Wednesday, June 19, 2013, the Subcommittee on Space held
a hearing titled, ``NASA Authorization Act of 2013.'' The
purpose of the hearing was to review a discussion draft of the
NASA Authorization Act of 2013. The Subcommittee heard
testimony from Dr. Steven M. Squyres, Goldwin Smith Professor
of Astronomy at Cornell University; and Mr. A. Thomas Young,
Former Executive Vice President of Martin Marietta.
On Wednesday, July 10, 2013, the Subcommittee on Space met
to consider the National Aeronautics and Space Administration
Authorization Act of 2013. This measure authorizes the programs
of NASA for fiscal year 2013.
On Thursday, July 18, 2013, the Committee met to consider
H.R. 2687, the ``National Aeronautics and Space Administration
Authorization Act of 2013.'' This measure authorizes the
programs of NASA for fiscal year 2013.
On Friday, September 20, 2013, the Subcommittee on Space
held a hearing titled, ``NASA Infrastructure: Enabling
Discovery and Ensuring Capability.'' The purpose of the hearing
was to review NASA's efforts to manage its facilities and
infrastructure, the agency's current legislated authorities,
and its proposed legislation to provide greater flexibility to
the agency. The Subcommittee heard testimony from the Honorable
Paul K. Martin, Inspector General of NASA; and Mr. Richard
Keegan, Associate Deputy Administrator of NASA.
On Wednesday, November 20, 2013, the Subcommittee on Space
held a hearing titled, ``Commercial Space.'' The purpose of the
hearing was to examine ways in which companies are utilizing
federal support and government policies to grow their
commercial businesses in space launch, communications, GPS,
remote sensing, weather monitoring, suborbital tourism and
science experimentation, and human spaceflight. The witnesses
also addressed what government policies would be helpful to the
U.S. commercial space industry. The witnesses specifically
addressed the policies contained in H.R. 3038, the ``Suborbital
and Orbital Advancement and Regulatory Streamlining (SOARS)
Act.'' The Subcommittee heard testimony from the Honorable
Kevin McCarthy, Member and Majority Whip of the U.S. House of
Representatives; Ms. Patricia Cooper, President of the
Satellite Industry Association; Mr. Stuart Witt, CEO and
General Manager of Mojave Air and Space Port; and Mr. Dennis
Tito, Chairman of the Inspiration Mars Foundation.
On Wednesday, December 4, 2013, the Committee held a
hearing titled, ``Astrobiology: The Search for Biosignatures in
our Solar System and Beyond.'' The purpose of the hearing was
to examine astrobiology research and the search for
biosignatures in our solar system and beyond. The hearing
included a general assessment of the multi- and
interdisciplinary-nature of astrobiology research, including
the role astrobiology plays in formulating NASA space missions.
The hearing also examined the techniques and capabilities
necessary to determine the potential for the existence of
biosignatures within our solar system. With the discovery of
potential Earth-like planets outside of our solar system, the
hearing also investigated what methods are being used to
determine if any of these planets may harbor life. Further, the
hearing explored existing and planned astrobiology research
strategies and roadmaps. The Committee heard testimony from Dr.
Mary Voytek, Senior Scientist for Astrobiology in the Science
Mission Directorate at NASA; Dr. Sara Seager, Professor of
Physics and of Planetary Science at the Massachusetts Institute
of Technology, and 2013 recipient of a MacArthur Foundation
``Genius Grant'' for her work in exoplanet research; and Dr.
Steven J. Dick, Baruch S. Blumberg Chair of Astrobiology at the
John W. Kluge Center at the Library of Congress.
On Wednesday, December 11, 2013, the Committee met to
consider H.R. 3625, ``To provide for termination liability
costs for certain NASA projects, and for other purposes.'' This
measure specifically mentions termination liability costs for
the International Space Station (ISS), the Space Launch System
(SLS), and contractors partnered with NASA.
On Thursday, March 27, 2014, the Subcommittee on Space held
a hearing titled, ``An Overview of the National Aeronautics and
Space Administration Budget for Fiscal Year 2015.'' The purpose
of the hearing was to review the Administration's fiscal year
2015 (FY15) budget request for NASA and examine its priorities
and challenges. The sole witness was the Honorable Charles F.
Bolden, Jr., Administrator of NASA.
On Wednesday, April 9, 2014, the Subcommittee on Space met
to consider H.R. 4412, the ``National Aeronautics and Space
Administration Authorization Act of 2014.'' This measure
authorizes the programs of NASA for fiscal year 2014.
On Tuesday, April 29, 2014, the Committee met to consider
H.R. 4412, the ``National Aeronautics and Space Administration
Authorization Act of 2014.'' This measure authorizes the
programs of NASA for fiscal year 2014.
On Wednesday, May 21, 2014, the Committee held a hearing
titled, ``Astrobiology and the Search for Life in the
Universe.'' The purpose of the hearing was to review the
current state of the science related to the search for life in
the universe. The Committee heard testimony from Dr. Seth
Shostak, Senior Astronomer at the SETI Institute; and Dr. Dan
Werthimer, Director of SETI Research at the University of
California.
On Friday, June 20, 2014, the Subcommittee on Space with
the Subcommittee on Oversight held a hearing titled, ``NASA
Security: Assessing the Agency's Efforts to Protect Sensitive
Information.'' The Government Accountability Office (GAO), the
National Academy of Public Administration (NAPA), and the NASA
Office of Inspector General (OIG) had all released reports
prior to the hearing that addressed how NASA manages access to
NASA facilities and sensitive information by foreign nationals.
These practices and procedures, as well as the recommendations
for improvement identified in the reports, were reviewed during
the hearing. The Subcommittees heard testimony from Mr. Richard
Keegan, Associate Deputy Administrator of NASA; Ms. Belva
Martin, Director of Acquisition and Sourcing Management at the
Government Accountability Office; Ms. Gail A. Robinson, Deputy
Inspector General of NASA; and Mr. Douglas Webster, Fellow of
the National Academy of Public Administration and Principal of
Cambio Consulting Group.
On Wednesday, June 25, 2014, the Committee held a hearing
titled, ``Pathways to Exploration: A Review of the Future of
Human Space Exploration,'' to review the conclusions and
recommendations of the Committee on Human Spaceflight's report,
``Pathways to Exploration--Rationales and Approaches for a U.S.
Program of Human Space Exploration.'' The report discussed U.S.
leadership in commercial cargo and crewed orbital spaceflights,
and the elusiveness of the long-term future of human
spaceflight beyond our commitment to the ISS. The Committee
heard testimony from Governor Mitch Daniels, Co-Chair of the
Report and President of Purdue University; and Dr. Jonathan
Lunine, Co-Chair of the Report and Director of Cornell
University's Center for Radiophysics and Space Research.
On Wednesday, September 10, 2014, the Committee held a
hearing titled, ``Exploring Our Solar System: The ASTEROIDS Act
as a Key Step.'' The purpose of the hearing was to give the
Committee an overview of the variety of issues facing the
planetary science community, including challenges the community
is facing due to the low inventories of Pu-238 for deep space
missions, NASA's proposed budget for planetary science, and
potential commercial interests. Witnesses also commented on
H.R. 5063, the ``American Space Technology for Exploring
Resource Opportunities In Deep Space Act,'' or ASTEROIDS Act.
The Committee heard testimony from Dr. Jim Green, Planetary
Science Division Director at NASA; Dr. Jim Bell, Professor of
Earth and Space Science Exploration at Arizona State
University, and President of the Board of Directors of The
Planetary Society; Dr. Mark Sykes, CEO and Director of the
Planetary Science Institute; Professor Joanne Gabrynowicz,
Professor Emerita, Director Emerita, and Journal of Space Law
Editor-in-Chief Emerita at the University of Mississippi; and
Dr. Philip Christensen, Co-Chair of the National Research
Council (NRC) Committee on Astrobiology and Planetary Science
(CAPS), Chair of the Mars Panel of the NRC Planetary Decadal
Survey, and Regents Professor at Arizona State University.
On Wednesday, December 10, 2014, the Subcommittee on Space
held a hearing titled, ``An Update on the Space Launch System
and Orion: Monitoring the Development of the Nation's Deep
Space Exploration Capabilities.'' The purpose of the hearing
was to examine the progress, challenges, and future
opportunities for the SLS and Orion Multipurpose Crew Vehicle
(Orion). The Subcommittee heard testimony from Mr. William
Gerstenmaier, Associate Administrator for the Human Exploration
and Operations Missions Directorate at NASA; and Ms. Cristina
Chaplain, Director of Acquisition and Sourcing Management at
the Government Accountability Office.
On Wednesday, January 21, 2015, the Subcommittee on Space
held a hearing titled, ``Unmanned Aircraft Systems Research and
Development.'' The purpose of the hearing was to review
research and development (R&D;) performed by the Federal
Aviation Administration (FAA) and NASA in the area of Unmanned
Aircraft Systems (UAS) and their integration into the National
Airspace System (NAS). This hearing was used to inform the NASA
reauthorization, as well as the FAA reauthorization, since the
Committee has jurisdiction over civil aviation research and
development. The Subcommittee heard testimony from Dr. Ed
Waggoner, Director of the Integrated Systems Research Program
in the Aeronautics Research Mission Directorate at NASA; Mr.
James Williams, Manager of the UAS Integration Office in the
Aviation Safety Organization at the FAA; Dr. John Lauber, Co-
Chair of the Committee on Autonomy Research for Civil Aviation
at the National Research Council (NRC); Mr. Brian Wynne, CEO
and President, Association for Unmanned Vehicle Systems
International (AUVSI); Mr. Colin Guinn, Chief Revenue Officer
of 3D Robotics and a Small UAV Coalition Member; and Dr. John
R. Hansman, T. Wilson Professor of Aeronautics and Astronautics
at the Massachusetts Institute of Technology (MIT).
On Friday, February 27, 2015, the Subcommittee on Space
held a hearing titled, ``The Commercial Crew Program:
Challenges and Opportunities.'' The purpose of the hearing was
to review NASA's efforts to develop and acquire safe, reliable,
and affordable crew transfer services to the ISS. The
Subcommittee examined the progress of the Commercial Crew
Program and its acquisition model, as well as future challenges
for the program as the contractors move towards certification.
The Subcommittee heard testimony from Mr. Bill Gerstenmaier,
Associate Administrator of the Human Exploration and Operations
Mission Directorate at NASA; Vice Admiral Joseph Dyer, U.S.
Navy (Ret.), and Chairman of the Aerospace Safety Advisory
Panel at NASA; Mr. John Mulholland, Vice President and Program
Manager of Commercial Programs at The Boeing Company; and Dr.
Garrett Reisman, Director of Crew Operations at the Space
Exploration Technologies Corporation.
On Tuesday, March 24, 2015, the Subcommittee on Space held
a hearing titled, ``Searching for the Origins of the Universe:
An Update on the Progress of the James Webb Space Telescope.''
The purpose of the hearing was to cover the development history
of the James Webb Space Telescope (JWST) and NASA's progress to
date since the program was last re-baselined in 2011. Witnesses
testified on the technical challenges associated with
completing the JWST by the target launch date of October 2018,
at a life-cycle cost no greater than $8.85 billion. The
Subcommittee heard testimony from Dr. John Grunsfeld, Associate
Administrator of the Science Mission Directorate at NASA; Ms.
Cristina Chaplain, Director of Acquisition and Sourcing
Management at the U.S. Government Accountability Office; Mr.
Jeffrey Grant, Vice-President and General Manager of Space
Systems at Northop Grumman Corporation; and Dr. John C. Mather,
Senior Project Scientist of the James Webb Space Telescope at
the Goddard Space Flight Center (GSFC) of NASA.
On Thursday, April 16, 2015, the Subcommittee on Space held
a hearing titled, ``An Overview of the Budget Proposal for the
National Aeronautics and Space Administration for Fiscal Year
2016.'' The purpose of the hearing was to review the
Administration's fiscal year 2016 (FY16) budget request for
NASA and examine its priorities and challenges. The sole
witness was the Honorable Charles F. Bolden, Jr., Administrator
of NASA.
On Thursday, April 30, 2015, the Committee met to consider
H.R. 2039, the ``National Aeronautics and Space Administration
Authorization Act for 2016 and 2017.'' This measure authorizes
the programs of NASA for fiscal years 2016 and 2017.
On Wednesday, May 13, 2015, the Committee met to consider
four space-related measures. First, H.R. 2262, the ``Spurring
Private Aerospace Competitiveness and Entrepreneurship Act of
2015,'' or SPACE Act of 2015. This measure facilitated a pro-
growth environment for the developing commercial space industry
by encouraging private sector investment and creating more
stable and predictable regulatory conditions. Second, the
Committee considered H.R. 1508, the ``Space Resource
Exploration and Utilization Act of 2015.'' This measure
promoted the development of a U.S. commercial space resource
exploration and utilization industry and increased the
exploration and utilization of resources in outer space. Next,
the Committee considered H.R. 2261, the ``Commercial Remote
Sensing Act of 2015.'' This measure facilitated the continued
development of the commercial remote sensing industry and
included provisions to protect national security. Lastly, the
Committee considered H.R. 2263, the ``Office of Space Commerce
Act,'' to rename the Office of Space Commerce, as well as
outline the functions of the Office.
On Thursday, June 11, 2015, the Subcommittee on Space held
a hearing titled, ``Transforming America's Air Travel.'' The
purpose of the hearing was to review the current state of civil
aeronautics research and inform the Committee's consideration
of the FAA Reauthorization. The Subcommittee heard testimony
from Dr. Jaiwon Shin, Associate Administrator of the
Aeronautics Mission Directorate at NASA, and Member of the FAA
Research and Development Advisory Committee; Mr. Dennis Filler,
Director of the William J. Hughes Technical Center at the FAA;
Mr. William Leber, Chair of the National Research Council
report titled ``Transformation in the Air--A Review of the FAA
Research Plan,'' and Vice President of Air Traffic Innovations
at PASSUR Aerospace; Dr. R. John Hansman, T. Wilson Professor
of Aeronautics & Astronautics, and Director of the MIT
International Center for Air Transportation at the
Massachusetts Institute of Technology, and Chair of the FAA
Research and Development Advisory Committee; and Dr. Greg
Hyslop, Senior Member of the American Institute for Aeronautics
and Astronautics, Vice President and General Manager of Boeing
Research and Technology, and Chief Engineer of Engineering,
Operations and Technology at the Boeing Company.
On Friday, July 10, 2015, the Subcommittee on Space held a
hearing titled, ``The International Space Station: Addressing
Operational Challenges.'' The purpose of the hearing was to
examine the status of the ISS. The Subcommittee evaluated
NASA's plans for dealing with operational and maintenance
challenges, the status of the ISS partnership, how NASA is
utilizing the ISS to enable future deep space exploration, and
the Administration's request to extend ISS operations to 2024.
The Subcommittee heard testimony from Mr. William Gerstenmaier,
Associate Administrator for the Human Exploration and
Operations Mission Directorate at NASA; Mr. John Elbon, Vice
President and General Manager of Space Exploration at The
Boeing Company; the Honorable Paul K. Martin, Inspector General
at NASA; Ms. Shelby Oakley, Acting Director of Acquisition and
Sourcing Management at the Government Accountability Office;
and Dr. James A. Pawelczyk, Associate Professor of Physiology
and Kinesiology at Pennsylvania State University.
On Tuesday, July 28, 2015, the Committee held a hearing
titled, ``Exploration of the Solar System: From Mercury to
Pluto and Beyond.'' The purpose of the hearing was to review
recent NASA achievements in exploring our solar system,
including the exploration of Pluto and the asteroid Ceres, as
well as assess future NASA missions under development,
including a flagship mission to conduct a detailed survey of
Jupiter's moon Europa. The Committee heard testimony from Dr.
John Grunsfeld, Associate Administrator of the Science Mission
Directorate at NASA; Dr. Alan Stern, Principal Investigator of
the New Horizons Mission at the Southwest Research Institute;
Dr. Christopher Russell, Principal Investigator of the Dawn
Mission, and Professor of Geophysics and Planetary Physics at
the University of California Los Angeles; Dr. Robert
Pappalardo, Study Scientist for the Europa Mission Concept at
the Jet Propulsion Laboratory at NASA; and Dr. Robert Braun,
David and Andrew Lewis Professor of Space Technology at the
Georgia Institute of Technology.
On Tuesday, September 29, 2015, the Committee held a
hearing titled, ``Astrobiology and the Search for Life Beyond
Earth in the Next Decade.'' The purpose of the hearing was to
review the scientific methods employed to search for life,
examine recent scientific discoveries in the field of
astrobiology (the study of the origin, evolution, distribution,
and future of life in the universe), and assess the prospects
of finding life beyond Earth over the next decade. The hearing
included an overview of NASA's astrobiology programs and NASA's
new Nexus for Exoplanet System Science (``NExSS'') initiative
and examined the techniques and capabilities necessary to
determine the potential for the existence of microbial life
within our solar system. The hearing also investigated the
scientific methods of exoplanet atmospheric spectroscopy and
radio and optical astronomical surveys. The Committee heard
testimony from Dr. Ellen Stofan, Chief Scientist at NASA; Dr.
Jonathan Lunine, David D. Duncan Professor in the Physical
Sciences and Director of the Center for Radiophysics and Space
Research at Cornell University; Dr. Jacob Bean, Assistant
Professor in the Departments of Astronomy and Astrophysics, and
Geophysics, at the University of Chicago; and Dr. Andrew
Siemion, Director of the SETI Research Center at the University
of California at Berkeley.
On Friday, October 9, 2015, the Subcommittee on Space held
a hearing titled, ``Deep Space Exploration: Examining the
Impact of the President's Budget.'' The purpose of this hearing
was to examine the President's five-year budget projection for
the SLS and Orion crew vehicle development programs. The
Subcommittee evaluated NASA's plans for future major tests and
milestones and how the budget requested by the Administration
affects development schedules and milestones for these
programs. The Subcommittee heard testimony from Mr. Doug Cooke,
Owner of Cooke Concepts and Solutions and former NASA Associate
Administrator for Exploration Systems; and Mr. Dan Dumbacher,
Professor of Practice at Purdue University and former NASA
Deputy Associate Administrator of the Human Exploration and
Operations Mission Directorate.
On Tuesday, November 17, 2015, the Subcommittee on Space
with the Subcommittee on Environment held a hearing titled,
``Exploring Commercial Opportunities to Maximize Earth Science
Investments.'' The purpose of the hearing was to explore ways
NASA can satisfy Earth science data requirements through
public-private partnerships, including commercial capabilities.
The Subcommittees heard testimony from Dr. Scott Pace, Director
of the Space Policy Institute at George Washington University;
Dr. Walter Scott, Founder and Chief Technical Officer of
DigitalGlobe; Mr. Robbie Schingler, Co-Founder and President of
PlanetLabs; Dr. Samuel Goward, Emeritus Professor of Geography
at the University of Maryland at College Park; and Dr. Antonio
Busalacchi, Professor and Director of the Earth System Science
Interdisciplinary Center at the University of Maryland.
On Wednesday, February 3, 2016, the Subcommittee on Space
held a hearing titled, ``Charting a Course: Expert Perspectives
on NASA's Human Exploration Proposals.'' The purpose of the
hearing was to examine the options for intermediate missions as
well as research, technology, and systems needed before NASA
can safely and effectively carry out a human mission to Mars,
while maintaining a constancy of purpose and steady technical
progress through the next Administration and beyond. The
Subcommittee heard testimony Mr. A. Thomas Young, Former
Director of the Goddard Space Flight Center at NASA, and Former
President and Chief Operating Officer of the Martin Marietta
Corporation; Dr. John C. Sommerer, Chair of the Technical Panel
of the Pathways to Exploration Report by the National Academy
of Sciences; and Dr. Paul Spudis, Senior Scientist at the Lunar
and Planetary Institute.
On Thursday, February 11, 2016, the Committee met to
consider H.R. 4489, the ``FAA Leadership in Groundbreaking
High-Tech Research and Development Act,'' or FLIGHT R&D; Act, to
provide for FAA research and development.
On Thursday, March 17, 2016, the Subcommittee on Space held
a hearing titled, ``An Overview of the Budget Proposal for the
National Aeronautics and Space Administration for Fiscal Year
2017.'' The purpose of the hearing was to review the
Administration's fiscal year 2017 (FY17) budget request for
NASA. The sole witness was the Honorable Charles F. Bolden,
Jr., Administrator of NASA.
On Tuesday, April 19, 2016, the Subcommittee on Space held
a hearing titled, ``The Commercial Space Launch Industry: Small
Satellite Opportunities and Challenges.'' The purpose of the
hearing was to examine the current state of the small satellite
commercial launch industry. The Subcommittee heard testimony
from Mr. Elliot Pulham, Chief Executive Officer of the Space
Foundation; and Mr. Eric Stallmer, President of the Commercial
Spaceflight Federation.
On Wednesday, May 18, 2016, the Subcommittee on Space held
a hearing titled, ``Next Steps to Mars: Deep Space Habitats,''
to examine Mars exploration, specifically efforts to develop
deep space habitation capabilities. The Subcommittee heard
testimony from Mr. Jason Crusan, Director of Advanced
Exploration Systems (AES) in the Human Exploration and
Operations Mission Directorate at NASA; Mr. John Elbon, Vice
President and General Manager of Space Exploration for Boeing
Defense, Space, and Security at The Boeing Company; Ms. Wanda
Sigur from the Lockheed Martin Corporation; Mr. Frank
Culbertson, President of Space Systems at Orbital-ATK; and Mr.
Andy Weir, Author of The Martian.
On Wednesday, June 15, 2016, the Subcommittee on Space held
a hearing titled, ``Human Spaceflight Ethics and Obligations:
Options for Monitoring, Diagnosing, and Treating Former
Astronauts.'' The purpose of this hearing was to evaluate the
impacts of long duration human spaceflight on astronaut health,
federal obligations and ethical considerations related to those
impacts, and potential options for monitoring, diagnosing, and
treating former NASA astronauts for conditions resulting from
their service. The Subcommittee heard testimony from Dr.
Richard Williams, Chief Health and Medical Officer at NASA;
Captain Chris Cassidy, United States Navy (USN) and Chief of
the Astronaut Office at NASA; Captain Scott Kelly (USN, Ret.)
and Former NASA Astronaut; Captain Michael Lopez-Alegria (USN,
Ret) President of the Association of Space Explorers-USA, and
Former NASA Astronaut; Dr. Jeffrey Kahn, Professor of Bioethics
and Public Policy at the Johns Hopkins Berman Institute of
Bioethics, and Chairman of the Committee on the Ethics
Principles and Guidelines for Health Standards for Long
Duration and Exploration Spaceflights of the Board on Health
Sciences Policy at the National Academies of Sciences.
On Wednesday, September 7, 2016, the Subcommittee on Space
held a hearing titled, ``Commercial Remote Sensing:
Facilitating Innovation and Leadership.'' The purpose of the
hearing was to examine the current state of the space-based
remote sensing industry, including scientific and technical
advances in the fields of space-to-earth and space-to-space
remote sensing. Examples of remote sensing applications include
mapping technologies, crop monitoring, natural resource
exploration, and national security. This hearing also assessed
existing U.S. law and regulation governing private remote
sensing space systems, including whether there is a need to
reform existing law and regulation. The Subcommittee heard
testimony from Mr. Kevin O'Connell, President and CEO of
Innovative Analytics and Training LLC, and Former Chair of the
Federal Advisory Committee on Commercial Remote Sensing
(ACCRES); Mr. Kevin Pomfret, Executive Director of the Centre
for Spatial Law and Policy; Ms. Michele R. Weslander Quaid,
President of Sunesis Nexus LLC; Mr. Michael Dodge, Assistant
Professor in the Department of Space Studies at the University
of North Dakota; and Ms. Joanne Gabrynowicz, Professor Emerita
at the University of Mississippi School of Law.
On Wednesday, September 21, 2016, the Committee met to
consider H.R. 6076, the ``To Research, Evaluate, Assess, and
Treat Astronauts Act,'' or TREAT Astronauts Act. This measure
requires the NASA Administrator to establish a program for the
medical monitoring, diagnosis, and treatment of astronauts.
On Tuesday, September 27, 2016, the Subcommittee on Space
held a hearing titled, ``Are We Losing the Space Race to
China?'' The purpose of the hearing was to examine the
achievements, capabilities, and future direction of China's
space program, as well as the impact on U.S. leadership in
space. The Subcommittee heard testimony from the Hon. Dennis C.
Shea, Chairman of the U.S.-China Economic and Security Review
Commission; Mr. Mark Stokes, Executive Director of the Project
2049 Institute; Mr. Dean Cheng, Senior Research Fellow of the
Asian Studies Center at the Heritage Foundation; and Dr. James
Lewis, Senior Vice President and Director of the Strategic
Technologies Program at the Center for Strategic &
International Studies.
On Thursday, February 16, 2017, the Committee held a
hearing titled, ``NASA: Past, Present, and Future.'' The
purpose of the hearing was to review NASA's past portfolio of
missions, evaluate existing exploration programs, and provide a
venue for consideration of potential bold and innovative
missions going forward. The Committee heard testimony from the
Hon. Harrison Schmitt, Apollo 17 Astronaut and Former U.S.
Senator; Lt. Gen. Thomas P. Stafford, former Gemini VI, Gemini
IX, Apollo 10, Apollo-Soyuz Test Project Astronaut, and
Chairman of the NASA International Space Station Advisory
Committee; Mr. A. Thomas Young, Former Director of the Goddard
Space Flight Center at NASA, Former President and Chief
Operating Officer of the Martin Marietta Corporation, and
Former Chairman of the Science Applications International
Corporation (SAIC); and Dr. Ellen Stofan, Former NASA Chief
Scientist.
On Wednesday, March 8, 2017, the Subcommittee on Space held
a hearing titled, ``Regulating Space: Innovation, Liberty, and
International Obligations.'' The purpose of the hearing was to
examine U.S. international obligations in light of new and
innovative space activities. The Subcommittee heard testimony
from Ms. Laura Montgomery, Attorney and Sole Proprietor of
Ground Based Space Matters, LLC; Dr. Eli Dourado, Senior
Research Fellow and Director of the Technology Policy Program
at the Mercatus Center at George Mason University; Mr. Doug
Loverro, Former Deputy Assistant Secretary of Defense for Space
Policy; Mr. Dennis J. Burnett, Adjunct Professor of Law at the
University of Nebraska-Lincoln College of Law; and Dr. Henry B.
Hogue, Specialist in American National Government at the
Congressional Research Service.
On Wednesday, March 22, 2017, the Subcommittee on Space
held a hearing titled, ``The ISS After 2024: Options and
Impacts.'' It is the policy of the U.S. to support full and
complete utilization of the ISS through at least 2024. What
happens to the ISS after that date remains an open question.
The purpose of the hearing was to examine the range of choices
facing our nation and the impacts of those various options. The
Subcommittee heard testimony from Mr. William Gerstenmaier,
Associate Administrator for Human Exploration and Operations at
NASA; Dr. Mary Lynne Dittmar, Executive Director of the
Coalition for Deep Space Exploration; Mr. Eric Stallmer,
President of the Commercial Spaceflight Federation; and Dr.
Robert Ferl, Distinguished Professor and Director of the
Interdisciplinary Center for Biotechnology Research at the
University of Florida.
On Wednesday, April 26, 2017, the Committee held a hearing
titled, ``Advances in the Search for Life.'' The NASA
Transition Authorization Act of 2017 established ``[t]he search
for life's origin, evolution, distribution, and future in the
universe,'' as one of the national space program's objectives.
The hearing surveyed recent breakthroughs in a variety of
fields that contribute to astrobiology, such as the continued
discovery of exoplanets and research efforts to understand
life's origin on Earth and in the lab. The Committee heard
testimony from Dr. Thomas Zurbuchen, Associate Administrator of
the Science Mission Directorate at NASA; Dr. Adam Burgasser,
Professor of Physics at the University of California San Diego
(UCSD) and UCSD Center for Astrophysics and Space Science, as
well as a Fulbright Scholar; Dr. James Kasting, Chair of the
Planning Committee for the Workshop on the Search for Life
Across Space and Time of the National Academies of Science,
Engineering, and Medicine, as well as an Evan Pugh Professor of
Geosciences at Pennsylvania State University; Dr. Seth Shostak,
Senior Astronomer at the SETI Institute.
On Thursday, June 8, 2017, the Committee met to consider
H.R. 2809, the ``American Space Commerce Free Enterprise Act of
2017.'' This measure amends title 51 of the U.S. Code to
provide for the authorization and supervision of
nongovernmental space activities.
On Thursday, June 8, 2017, the Subcommittee on Space held a
hearing titled, ``An Overview of the National Aeronautics and
Space Administration the Budget for Fiscal Year 2018.'' The
purpose of the hearing was to review the Administration's
fiscal year 2018 (FY18) budget request for NASA. The sole
witness was Mr. Robert M. Lightfoot, Jr., Acting Administrator
of NASA.
On Thursday, June 29, 2017, the Subcommittee on Space held
a hearing titled, ``In-Space Propulsion: Strategic Choices and
Options,'' to hear testimony on NASA's in-space propulsion
technology development in order to advance human exploration
and uncrewed spacecraft operations. This hearing explored
NASA's portfolio of investments in in-space propulsion
technologies, the state of the various technologies, and how
they fit into future space architectures. The Subcommittee
heard testimony from Mr. William Gerstenmaier, Associate
Administrator of the Human Exploration and Operations
Directorate at NASA; Mr. Stephen Jurczyk, Associate
Administrator of the Space Technology Mission Directorate at
NASA; Dr. Mitchell Walker, Chair of the Electric Propulsion
Technical Committee at the American Institute of Aeronautics
and Astronautics (AIAA); Dr. Franklin Chang-Diaz, Founder and
CEO of Ad Astra Rocket Company; Mr. Joe Cassady, Executive
Director for Space of Aerojet Rocketdyne Washington Operations;
and Dr. Anthony Pancotti, Director of Propulsion Research at
MSNW.
On Tuesday, July 18, 2017, the Subcommittee on Space held a
hearing titled, ``Planetary Flagship Missions: Mars Rover 2020
and Europa Clipper.'' The purpose of the hearing was to examine
current progress on Mars Rover 2020 and Europa Clipper, the
science objectives of these flagship missions, and the
prospects for a Europa lander. NASA's Planetary Science
Division was currently developing two flagship missions, the
Mars Rover 2020 and Europa Clipper flyby mission, and a Europa
lander mission under study. The Subcommittee heard testimony
from Dr. Jim Green, Planetary Science Division Director of the
Science Mission Directorate at NASA; Dr. Kenneth Farley, Mars
Rover 2020 Project Scientist and Professor of Geochemistry at
the California Institute of Technology; Dr. Robert Pappalardo,
Europa Clipper Project Scientist at the Jet Propulsion
Laboratory at the California Institute of Technology; Dr. Linda
T. Elkins-Tanton, Director and Foundation Professor of the
School of Earth and Space Exploration at Arizona State
University, and Principal Investigator of the NASA Psyche
Mission; and Dr. William B. McKinnon, Co-Chair of the National
Academy of Sciences Committee on Astrobiology and Planetary
Science, and Professor of Earth and Planetary Sciences at
Washington University in St. Louis.
On Thursday, September 7, 2017, the Subcommittee on Space
held a hearing titled, ``Private Sector Lunar Exploration.''
NASA is supporting private sector exploration of the Moon
through various programs. The private sector is also investing
their own funding in hopes of serving a future market for
transportation, cargo delivery, and surface operations
(including in situ resource utilization). Moon Express plans to
launch a mission to the Moon later in the year or early next
year. Astrobotic recently announced a mission in 2019. Blue
Origin disclosed its ``Blue Moon'' concept last spring. The
United Launch Alliance and SpaceX have also indicated plans to
operate in cislunar space in the near-future. The hearing
reviewed these efforts, and NASA's role, to better understand
the challenges and opportunities that they present. The
Subcommittee heard testimony from Mr. Jason Crusan, Director of
Advanced Exploration Systems at NASA; Mr. Bob Richards, Founder
and CEO of Moon Express, Inc.; Mr. John Thornton, CEO of
Astrobotic Technology, Inc.; Mr. Bretton Alexander, Director of
Business Development and Strategy at Blue Origin; and Dr.
George Sowers, Professor of Space Resources at the Colorado
School of Mines.
On Wednesday, October 4, 2017, the Subcommittee on Space
held a hearing titled, ``Powering Exploration: An Update on
Radioisotope Production and Lessons Learned from Cassini,'' to
evaluate NASA and DOE efforts to reconstitute the production of
Plutonium-238 (Pu-238), which is necessary for radioisotope
thermonuclear generators (RTG) that provide electrical power
for spacecraft that cannot use solar energy. Production ceased
in the 1980s, and existing inventories were incorporated into
planned missions. With the end of NASA's Cassini mission to
Saturn, which used Pu-238 to enable its scientific discoveries,
the hearing evaluated efforts to reconstitute Pu-238
production, and the science it makes possible. The Committee
had previously requested GAO to review NASA and DOE efforts to
reconstitute domestic production of Pu-238; GAO released the
results of their review at the hearing. The Subcommittee heard
testimony from Mr. David Schurr, Deputy Director of the
Planetary Science Division at NASA; Ms. Tracey Bishop, Deputy
Assistant Secretary for Nuclear Infrastructure Programs in the
Office of Nuclear Energy at the Department of Energy; Dr. Ralph
L. McNutt, Jr., Chief Scientist for Space Science in the Space
Exploration Sector at The Johns Hopkins University Applied
Physics Laboratory; and Ms. Shelby Oakley, Director of
Acquisition and Sourcing Management at the Government
Accountability Office.
On Thursday, November 9, 2017, the Subcommittee on Space
held a hearing titled, ``An Update on NASA Exploration Systems
Development.'' The purpose of the hearing was to examine the
development of the SLS, Orion Crew Vehicle and the associated
ground systems. The Subcommittee heard testimony from Mr.
William Gerstenmaier, Associate Administrator of the Human
Exploration and Operations Directorate at NASA; and Dr. Sandra
Magnus, Executive Director of the American Institute of
Aeronautics and Astronautics (AIAA).
On Wednesday, December 6, 2017, the Subcommittee on Space
held a hearing titled, ``NASA's Next Four Large Telescopes.''
The purpose of the hearing was to examine the development of
the Transiting Exoplanet Survey Satellite (TESS), the JWST, the
Wide Field Infrared Survey Telescope (WFIRST), and the planning
for a next generation space telescope. The Subcommittee heard
testimony from Dr. Thomas Zurbuchen, Associate Administrator of
the Science Mission Directorate at NASA; Ms. Cristina Chaplain,
Director of Acquisition and Sourcing Management at the U.S.
Government Accountability Office; Mr. A. Thomas Young, Former
Director of the Goddard Space Flight Center at NASA, and Former
President and Chief Operating Officer of the Martin Marietta
Corporation; Dr. Matt Mountain, President of the Association of
Universities for Research in Astronomy; and Dr. Chris McKee,
Professor Emeritus of Astronomy and Physics at the University
of California in Berkeley, on behalf of the National Academies
of Sciences, Engineering and Medicine.
On Wednesday, January 17, 2018, the Subcommittee on Space
held a hearing titled, ``An Update on NASA Commercial Crew
Systems Development.'' The purpose of the hearing was to
examine the development of NASA's two commercial crew systems,
being built by Boeing and SpaceX, to service the ISS. The
Subcommittee heard testimony from Mr. William Gerstenmaier,
Associate Administrator of the Human Exploration and Operations
Directorate at NASA; Mr. John Mulholland, Vice President and
Program Manager for Commercial Programs of Boeing Space
Exploration; Dr. Hans Koenigsmann, Vice President of Build and
Flight Reliability at SpaceX; Ms. Cristina Chaplain, Director
of Acquisition and Sourcing Management at the U.S. Government
Accountability Office; and Dr. Patricia Sanders, Chair of the
NASA Aerospace Safety Advisory Panel.
On Wednesday, March 7, 2018, the Subcommittee on Space held
a hearing titled, ``An Overview of the National Aeronautics and
Space Administration the Budget for Fiscal Year 2019.'' The
purpose of the hearing was to review the Administration's
fiscal year 2019 (FY19) budget request for NASA. The sole
witness was Mr. Robert M. Lightfoot, Jr., Acting Administrator
of NASA.
On Thursday, March 22, 2018, the Committee met to consider
H.R. 5345, the ``American Leadership in Space Technology and
Advanced Rocketry Act,'' or ALSTAR Act. This measure designates
NASA's Marshall Space Flight Center to provide leadership for
the U.S. rocket propulsion industrial base. The Committee also
considered H.R. 5346, the ``Commercial Space Support Vehicle
Act.'' This measure amends title 51 of the U.S. Code to provide
for licenses and experimental permits for space support
vehicles.
On Friday, April 13, 2018, H.R. 5503, the ``National
Aeronautics and Space Administration Authorization Act of
2018,'' was introduced by Space Subcommittee Chairman Brian
Babin.
On Tuesday, April 17, 2018, the Committee met to consider
H.R. 5503, the ``National Aeronautics and Space Administration
Authorization Act of 2018.'' This measure authorizes the
programs of NASA for fiscal years 2018 and 2019.
COMMITTEE VIEWS
Reimbursable basis for development of sensors and instruments
Section 301 amends chapter 605 of title 51 to direct work
undertaken by NASA for the benefit of another agency shall be
conducted on reimbursable basis for development of operational
Earth science systems as well as product development and data
analysis. Though the NASA Authorization Act of 2018 reduces
funding for Earth science activities that include NASA
development of sensors and instruments for other federal
agencies, H.R. 1625 (Consolidated Appropriations Act, 2018)
increases the appropriations for several of these same federal
agencies benefiting from NASA work. Thus, NASA's Earth science
funding reductions can be offset by reimbursable work resourced
from the increased availability of other federal agency
funding.
Wide-Field Infrared Space Telescope
Congress is concerned that concurrent flagship programs
challenge NASA's program management capacity. Similarly, the
Government Accountability Office's annual Quick Look report
(GAO-18-280SP) indicates that NASA's management of major
project cost and schedule performance has deteriorated. This
performance deterioration presents a NASA management trajectory
change from previous Quick Look reports indicating that NASA
had been improving its control over cost and schedule growth.
Accordingly, Section 312 reduces flagship program concurrency
by not allowing the Administrator to procure a launch vehicle
for WFIRST until the James Webb Space Telescope is operational
in space.
Lunar exploration planning
The Administrator of NASA should coordinate with the
National Space Council to prepare a plan to return to the moon
as a starting point for deep space exploration (and distribute
that plan to Congress for review). NASA and the National Space
Council will tell Congress in their report if they need new
additional authorities to return humans to the surface of the
Moon by 2023 or 2028.
Section-by-Section
Section 1. Short title; Table of contents
This section establishes the short title of the bill as the
``National Aeronautics and Space Administration Authorization
Act of 2018.''
Section 2. Definitions
This section defines the terms ``Administrator,'' ``cis-
lunar space,'' ``ISS,'' ``NASA,'' ``near-earth object,''
``nonprofit organization,'' ``Orion,'' and ``Space Launch
System.''
Section 101. Fiscal year 2018
This section authorizes $20.73614 billion for NASA for
fiscal year 2018. Science is authorized for $6.2215 billion.
Specifically, $533.7 million of the Science line is authorized
for the James Webb Space Telescope. Aeronautics is authorized
for $685 million. Space Technology is authorized for $760
million. Exploration is authorized for $4.79 billion. Of that,
$1.35 billion is for Orion, $2.15 billion is for SLS, $895
million is for Exploration Ground Systems, and $395 million is
for Exploration Research and Development. Space Operations is
authorized for $4.7515 billion. Other authorizations are also
listed, such as for Education and Inspector General.
Section 102. Fiscal year 2019
This section authorizes $21.20714 billion for NASA for
fiscal year 2019. Deep Space Exploration Systems is authorized
for $4.929 billion. Specifically, $1.35 billion is for Orion,
$2.15 billion is for SLS, $540 million is for Exploration
Ground Systems, and $889 million is for Advanced Exploration
Systems. $504.3 million is for the Gateway. Exploration and
Research Technology is authorized for $1.0177 billion. Low-
Earth Orbit and Spaceflight Operations is authorized for
$4.6246 billion. Of that, $150 million is for Commercial Low-
Earth Orbit Development. Science is authorized for $6.6236
billion. Aeronautics is authorized for $685 million. Other
authorizations are also listed, such as for Education and
Inspector General.
Section 201. Space facilities beyond low-earth orbit
This section addresses the importance of space facilities
beyond low-Earth orbit (to include operations near or around
the Moon, Mars, or other celestial bodies) in NASA's long-term
exploration goals. It also requires a report, due 90 days after
enactment, on the potential development of space facilities for
use beyond low-Earth orbit.
Section 202. ISS Transition
This section instructs NASA to operate the ISS as long as
Congress authorizes its operations. This section also
establishes policy to carry out activities in fiscal year 2019
as proposed in the ISS Transition Report that was delivered
pursuant to the NASA Transition Authorization Act of 2017. The
Administrator is directed to support Johnson Space Center as
the leading NASA center for human spaceflight and human
exploration programs, including human surface operations. This
language is not intended to restrict or limit the ability of
NASA Headquarters to assign work tasks. In addition to the
biannual reporting requirement pursuant to the NASA Transition
Authorization Act of 2017, this section further requires a
quarterly briefing to Congress beginning three months after
enactment, on the status of, and all progress, changes, and
other developments related to carrying out the plans in the ISS
Transition Report. This section authorizes at least $150
million for fiscal year 2019 for commercial low-Earth orbit
development out of low-Earth orbit and Spaceflight Operations
account.
The Committee reads the FY19 NASA Budget submission as
limiting Federal support for the ISS only to ISS operations and
maintenance, leaving spending on transportation to and from
low-Earth orbit and beyond unchanged. Further, the Committee
feels that the Administration's proposal for the future of the
ISS addresses the commercial development of LEO and the
transition from the ISS to a new platform as separate issues.
Section 203. Human spaceflight research
This section highlights the NASA Johnson Space Center's
expertise and facilities to support human spaceflight,
exploration, and continued human presence in space. The Johnson
Space Center is instructed to create a research office to
leverage and build upon the Center's existing expertise in
human spaceflight missions. This language is not intended to
restrict or limit the ability of NASA Headquarters to assign
work tasks. A report is due 180 days after enactment from NASA
and Johnson Space Center on progress and developments for human
spaceflight. This section authorizes $15 million for fiscal
year 2019 to the Exploration Research and Technology account to
carry out the requirements of this section.
In order to expand knowledge and expertise, and leverage
regional and state assets, the Committee encourages the
Research Office at JSC to form a long-term partnership with
university with which JSC has well-established ties and that
can connect JSC to universities and state agencies across Texas
and elsewhere. Such partnerships can not only assist in
research in support of the human space flight mission, but also
facilitate the pipeline for the future workforce, engage the
academic community and JSC through joint appointments and
temporary assignments, and promote continuing education
opportunities for JSC's existing and future workforce.
The Committee also encourages the Research Office at JSC to
develop strategic partnerships with industry, state and local
governments, and non-profit organizations to further support
its mission and facilitate technology transfer between JSC and
the private industry. This effort will leverage the robust
aerospace industry in Texas and make use of state-wide
organizations, such as the Aerospace, Aviation, and Defense
Committee in the Governor's Economic Development Division, and
local economic development organizations such as the Bay Area
Houston Economic Partnership, and the Greater Houston
Partnership. The Research Office is also encouraged to leverage
innovation from cross-cutting technologies that are often
applied to other sectors such as energy and medicine through
mechanisms that allow JSC researchers to spend up to 10 percent
of their time in work for other government agencies and/or
industries. In this way, new and inventive ideas, processes,
and techniques can be shared across sectors to benefit all.
Section 204. Critical path redundancy for human spaceflight
This section states that the availability of a multitude of
launch, crew and cargo vehicles can provide critical path
redundancy for human spaceflight to LEO and beyond. This
section also tasks the Government Accountability Office, within
180 days of enactment, to create a list of suitable technical
benchmarks and performance metrics that can be used to compare
various launch systems and crew vehicles. This section further
directs NASA to consider the GAO's findings on analyses of
system performance (both projected and demonstrated) including
the availability (systems beyond preliminary design review) of
crew, cargo, and launch vehicles, for missions to LEO and
beyond. Following GAO's input, the NASA Administrator should
direct the relevant, technically competent NASA office to
produce a report, based on the GAO's input, containing analyses
about existing and developing launch systems and spacecraft it
uses and is planning to use going forward.
Section 205. Space suits
This section directs NASA to develop space suits and
associated extravehicular activity technologies. The actions
directed in this section are derived from the findings of the
``Advanced Space Suit Capability Plan,'' delivered to Congress
in response to Section 433 of the NASA Transition Authorization
Act of 2017 (P.L. 115-10). Further, Johnson Space Center will
manage the space suit and extravehicular activity programs.
NASA is authorized to enter into agreements with the private
sector to develop space suits.
Section 206. Mobile Launch Platform and Interim Cryogenic Propulsion
Stage
This section directs NASA to develop a new-build, second
Mobile Launch Platform specifically designed to support the SLS
configurations that use the Exploration Upper Stage, as well as
procure a second Interim Cryogenic Propulsion Stage.
Section 207. Mars 2033
This section recognizes that human exploration of Mars is
an important objective in NASA's human exploration agenda, and
thus instructs NASA to prioritize engineering, science, and
safety requirements to ensure mission completion of human
exploration of Mars by 2033.
Section 301. Reimbursable basis for development of sensors and
instruments
This section amends chapter 605 of title 51 to direct work
undertaken by NASA for the benefit of another agency shall be
conducted on reimbursable basis for development of operational
Earth science systems as well as product development and data
analysis.
Section 302. Earth observations study
This section amends section 702 of the NASA Authorization
Act of 2010 to direct that Earth observation data and services
from the private sector or through public-private partnerships
to meet Earth observation requirements be taken into account
and incorporated in the strategic implementation plan.
Section 303. Land imaging
This section encourages the U.S. to foster development of
private sector remote sensing capabilities and analyses of land
remote sensing data. Subchapter IV of chapter 601 of title 51
is amended to: (1) emphasize the continuous collection,
utilization, and wide dissemination of land imaging and foster
the development of private sector capabilities and analysis to
satisfy the long-term public interest; and (2) direct the
National Space Council to be the lead federal coordinator for
these activities.
Section 304. Landsat data policy
This section requires the Administrator to conduct a study
assessing Landsat system observations and associated science
requirements that can be provided by purchasing data from the
private sector or through public-private partnerships. A report
is due one year after enactment containing the results of the
study. No funds may be obligated for any Landsat 11 or any
subsequent Landsat systems until the Administrator has
completed the study. The definition of ``Landsat system'' is
the same as what is listed in section 60101 of title 51.
Section 305. Earth science missions
This section directs the continued restructuring NASA's
Earth science portfolio to reduce overall costs, foster
partnerships with commercial and international partners, and
align with the recommendations of the most recent National
Academy of Sciences decadal survey, which was published in
2018. This section makes certain NASA Earth science priorities
focus on the highest priority missions as identified by the
science community.
Section 306: Goddard Institute for Space Studies Inspector General
report
This section requires a report, due 180 days after
enactment, from NASA leadership regarding the agency's plan to
implement recommendations from the April 2018 NASA Office of
Inspector General (OIG) report, ``NASA's Management of GISS:
The Goddard Institute for Space Studies.'' This OIG report
focused on recent scientific publication practices and
unallowable uses of NASA-appropriated funds by GISS employees,
grant recipients, and contractors for salary expenses, sub-
contracting, and computer equipment.
Section 311. Search for the origin, evolution, distribution, and future
of life in the universe
This section instructs the Administrator search for
technosignatures in the universe. A report is due 90 days after
enactment on all NASA programs and partnerships that contribute
to the search for life's origin, evolution, distribution, and
future in the universe. NASA shall devote at least $10 million
for each of fiscal years 2018 through 2019 for the search for
technosignatures.
Section 312. Wide-Field Infrared Space Telescope
This section limits the total formulation and development
cost for the Wide-Field Infrared Space Telescope (WFIRST) to
$3.2 billion. According to the terms defined in section 30104
of title 51, this $3.2 billion limit includes headquarters
reserve. Congress recognizes that until a preliminary life-
cycle cost estimate is complete, there is insufficient
information to judge whether or not WFIRST should be authorized
to proceed in fiscal year 2019. NASA is required to include in
the fiscal year 2020 budget a five-year funding profile for
WFIRST. Concurrent flagship programs challenge NASA's program
management capacity, so this section reduces flagship program
concurrency by not allowing the Administrator to procure a
launch vehicle for WFIRST until the James Webb Space Telescope
is operational in space.
Section 321. Near-Earth Object Survey
This section highlights the need for a space-based
telescope mission to discover and characterize potentially
hazardous asteroids near the Earth in order to meet the
statutory requirements of the George E Brown Jr. Near-Earth
Object Survey Act. This section also highlights the potential
of the Near-Earth Object Camera mission, or similar infrared
telescope, to discover and characterize most of the potentially
hazardous asteroids that are near the Earth.
Section 322. Space nuclear power
This section encourages the continual development of both
large and small in-space nuclear fission technology, including
nuclear electric and nuclear thermal propulsion, to complement
existing Plutonium power sources already in use. Includes
direction to eliminate redundant processes and to regularize
and streamline space launch approval for nuclear materials. A
report is due 180 days after enactment on the use and role of
nuclear fission power in space. The report should build upon
the work introduced in the white paper, ``Comparison of LEU and
HEU Fuel for the Kilopower Reactor'' (LA-UR-18-29623),
discussing how NASA's space nuclear power programs are tightly
linked for technical and programmatic reasons. This section
also directs NASA to demonstrate in-space nuclear power
technology, within existing authorized funding.
Section 401. Supersonic research
This section amends section 40112(a) of title 51 to
instruct NASA to work with the FAA on supersonic research to
inform and accelerate the promulgation of domestic regulations,
international standards, and recommended practices for
supersonic flight.
Section 402. Unmanned aircraft systems research
This section amends chapter 315 of title 51 by instructing
NASA to conduct research with the FAA on facilitating the safe
integration of unmanned aircraft systems into the national
airspace system. This section also amends section 31504 of
title 51 to make UAS operational flight data derived from
cooperative agreements with universities available to NASA and
the FAA.
Section 403. 21st Century Aeronautics Research Capabilities Initiative
This section establishes the 21st Century Aeronautics
Research Capabilities Initiative to ensure that NASA possesses
the infrastructure and tools necessary to conduct flight
demonstration projects across the range of NASA aeronautics
interests. A report is due 120 days after enactment containing
a five-year plan for the implementation of the 21st Century
Aeronautics Research Capabilities Initiative. This section
authorizes $50 million, funded through the Construction of
Facilities account, for fiscal year 2019.
Section 404. Experimental plane program
This section encourages NASA to expand high-speed flight
research and capabilities, including the science and technology
of critical underlying disciplines and competencies.
Section 405. Hypersonic Technology Project
This section encourages NASA to conduct research and
development efforts on high-speed propulsion systems, reusable
vehicle technologies, high-temperature materials, and systems
analysis. This section authorizes $30 million of the
Aeronautics account for fiscal year 2019 for the Hypersonic
Technology Project.
Section 406. Report
This section directs NASA to submit a report on the
development of the Low-Boom Flight Demonstration aircraft,
including NASA's coordination with other executive agencies to
ensure developmental and operational testing infrastructure, as
well as NASA's acquisition strategy to ensure chase aircraft
for flight demonstration.
Section 501. Commercial supply of space products
This section amends subchapter II of chapter 501 of title
51 by instructing NASA to prioritize the acquisition and use of
commercial space products provided by U.S. commercial
providers. The term ``space product'' is defined and examples
are included. NASA is also instructed to publish a list of
commodities to be used during each space exploration mission
and for each list, establish a commodity cost basis and cost
estimates. The Administrator's ability to exempt missions
described Sec. 50117(d) should be executed early in the design
process to eliminate any need to explore spurious design
trades. The intent of this section could be met with the annual
publication of a report containing reports on individual and
aggregate missions. Further, the agency report should include
missions that are determined by the Administrator to be exempt
from the provision (e.g. because of the lack of any refueling
infrastructure among the outer planets), the amount of
consumables planned for those missions, and the reason that the
missions were excluded from the commodity cost basis. U.S.
companies are legally permitted to obtain resources in space
pursuant to 51 USC Sec. 51303.
Section 502. Space services and in-space infrastructure
This section recognizes the potential for future
acquisition of in-space services on a commercial basis. Since
this is largely a theoretical consideration at present,
commercially procurable in-space services and in-space
infrastructure are not clearly defined. This section directs
NASA to produce a report within 120 days to describe ``various
commercial opportunities and options for the procurement of in-
space services or use of in-space infrastructure for
exploration and other NASA missions.'' This report should
explore and delineate the full range of public-private
partnership structures that could be used in the future. This
report is intended to open a discussion about the future
procurement options available to NASA as it expands its reach
throughout the solar system.
Section 503. Preference for launch vehicles manufactured in the United
States
This section encourages the Administrator to provide
weighted preference, selection points, and other incentives for
the use of launch vehicles that are manufactured and launched
in the U.S. when entering into contracts for commercial space
data and services. This provision of the bill follows from
bedrock space law and presidential policy promoting launches of
U.S. Government payloads on U.S.-manufactured rockets and the
acquisition by the U.S. Government of space launch services
from U.S. commercial providers.
Section 504. Studies on industrial base
This section requires that no funds may be used to carry
out a survey of the U.S. aerospace industrial base until 30
days after the Administrator submits a written notification of
the survey. The legal and regulatory mechanics used to manage
previous industrial base surveys are, in many cases, relatively
harsh particularly since the surveys have the potential for
being unmanageably intrusive and extensive.
Section 505. Enhanced use-leasing
This section amends section 20145(g) of title 51 to extend
authority to lease non-excess property from December 31, 2018
to December 31, 2020. This section also recognizes the utility
that enhanced-use leasing can have among nongovernmental
entities, state, and local governments. Annually, no funds for
enhance-use leasing may be expended by the Administrator after
January 31 unless the annual report required is submitted.
Section 506. Satellite servicing
This section encourages the Administrator to continue to
restructure NASA investments in the development of satellite
servicing technologies to reduce overall costs and align with
exploration needs.
Section 601. NASA-funded institutes
This section recognizes the June 2016 NASA Office of
Inspector General report that criticizes the lack of
information on the universe, status, and funding levels for
many supported institutes. This section also makes minor
amendments to section 30103(a) of title 51, and requires a
report 90 days after enactment recommending guidance and
metrics for the management, utilization, expectations for
return on investment, and financial condition of NASA-funded
institutes.
Section 602. Baseline and cost controls
This section amends section 30104(e)(1)(A) of title 51 to
further specify the requirements of a report required, in the
event of a project or program breach. The additional reporting
requirements would detail the impact of a breach upon cost,
schedule, and performance, along with a validation of the
adequacy of the current management structure.
Section 603. Reports to Congress
This section amends chapter 301 of title 51 to require
reports submitted to the House and Senate Committees on
Appropriations to also be submitted to the House Committee on
Science, Space, and Technology and the Senate Committee on
Commerce, Science, and Transportation.
Section 604. International technical and operational standards
This section recognizes the success of NASA's previous
international cooperation to develop an international docking
standard and other deep space interoperability standards.
Therefore, this section encourages NASA to continue to develop
and promote common terminology and concepts for spacecraft
design and safety internally and with international partners.
Section 605. NASA contractor responsibility watch list
This section directs the Administrator to establish and
maintain a watch list of contractors with a history of poor
performance on space procurement contracts or research,
development, test, and evaluation space program contracts. The
Administrator is responsible for determining which contractors
are placed on the list.
Section 606. Human space exploration risk
This section highlights the importance of American
leadership in the peaceful exploration and use of outer space.
This section also recognizes that space exploration decision-
making and requirement-setting in such a strategic context is
complex, especially with respect to assigning appropriate
priorities and levels of risk tolerance. A report is due one
year after enactment relating the broad strategic national
importance of space to the inherent, justifiable risk of the
exploration and use of space.
Section 607. NASA launch support and infrastructure modernization
program
This section requires the Administrator to continue the
program established under section 305 of the National
Aeronautics and Space Administration Authorization Act of 2010
(42 U.S.C. 18325) for launch support and infrastructure
modernization for launch sites and ranges at NASA facilities
that support the International Space Station mission. Such
program should, to the greatest extent practicable, leverage
current and planned State government infrastructure investments
at NASA facilities to support these and other missions and use
funding available under this program to collaborate on relevant
infrastructure projects.
Section 608. Reaffirmations on orbital debris
This section consists of reaffirmations and a sense of
Congress on the risks and need to understand options to address
and remove orbital debris.
Section 609. Federal-State partnerships
This section consists of a sense of Congress that, as State
and local governments have invested hundreds of millions of
dollars in new infrastructure and operations at Administration
space facilities to meet the needs of civil, national security,
and commercial space activities, the Administration should seek
to leverage such investments and the resources and capabilities
of State and local governments. Effective local economic,
educational, and institutional engagement at the State and
local level are critical in bringing the benefits of space
exploration and activity to the American taxpayer. A report
analyzing past and current partnership opportunities with State
and local governments at NASA facilities is due 120 days after
enactment.
Section 610. Security management of foreign national access
This section requires NASA to notify Congress when the NASA
has implemented the information technology security
recommendations from the National Academy of Public
Administration on foreign national access management.
Explanation of Amendments
A manager's amendment, offered by Space Subcommittee
Chairman Brian Babin, was approved by voice vote. The amendment
makes technical changes throughout the bill. Additionally, the
amendment: adds to the sense of Congress in section 203
regarding conformity with Space Policy Directive 1; modifies
section 204, directing GAO to take the lead in developing
appropriate metrics for comparing affected space systems; adds
sections 206 (Mobile Launch Platform and Interim Cryogenic
Propulsion Stage) and 207 (Space Services and In-Space
Infrastructure); and adds authorization of $350 million for the
construction of a second mobile launch platform for the Space
Launch System.
An amendment offered by Representative Bill Posey was
approved by voice vote. The amendment directs NASA to notify
the appropriate House and Senate authorizing committees once it
has implemented the recommendations on information technology
security related to foreign national access management.
An amendment offered by Representative Neal Dunn was
approved by voice vote. The amendment adds section 609
(Federal-State Partnerships).
An amendment offered by Representative Ed Perlmutter was
approved by voice vote. The amendment directs NASA to
prioritize timelines for fulfillment of engineering, science,
and safety requirements to reduce mission risk in evaluating
the human exploration of Mars by 2033 or earlier.
An amendment offered by Representative Dana Rohrabacher was
approved by voice vote. The amendment reaffirms the findings of
section 839(a) of the National Aeronautics and Space
Administration Transition Authorization Act of 2017 (P.L. 115-
10) regarding the threat of orbital debris. The amendment also
reaffirms the sense of Congress in section 840(a) of the
National Aeronautics and Space Administration Transition
Authorization Act of 2017 (P.L. 115-10).
An amendment offered by Representative Bill Foster was
approved by voice vote. The amendment adds reporting
requirements to the Space Nuclear Power Report.
An amendment offered by Representative Ed Perlmutter was
approved by a roll call vote of 27-5. The amendment increases
authorized spending levels for Earth Science from $1.45 billion
to $1.921 billion and adjusts corresponding totals accordingly.
An amendment offered by Representative Stephen Knight was
approved by voice vote. The amendment adds section 406
(Report), which directs the Administrator to submit to the
Committee a report on the development of the Low-Boom Flight
Demonstration aircraft.
Committee Consideration
On April 17, 2018, the Committee met in open session and
ordered reported favorably the bill, H.R. 5503, as amended, by
roll call vote, a quorum being present.
Roll Call Votes
Application of Law to the Legislative Branch
Section 102(b)(3) of Public Law 104-1 requires a
description of the application of this bill to the legislative
branch where the bill relates to the terms and conditions of
employment or access to public services and accommodations.
This bill authorizes the programs of NASA for fiscal years 2018
and 2019. As such this bill does not relate to employment or
access to public services and accommodations.
Legislative branch employees and their families, to the
extent that they are otherwise eligible for the benefits
provided by this legislation, have equal access to its
benefits.
Statement of Oversight Findings and Recommendations of the Committee
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the descriptive portions of
this report.
Statement of General Performance Goals and Objectives
H.R. 5503, the National Aeronautics and Space
Administration Authorization Act of 2018, would authorize the
programs of NASA for fiscal years 2018 and 2019.
Duplication of Federal Programs
No provision of H.R. 5503 establishes or reauthorizes a
program of the Federal Government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
Disclosure of Directed Rule Makings
The Committee estimates that enacting H.R. 5503 does not
direct the completion of any specific rule makings within the
meaning of 5 U.S.C. 551.
Federal Advisory Committee Act
The Committee finds that the legislation does not establish
or authorize the establishment of an advisory committee within
the definition of 5 U.S.C. App., Section 5(b).
Unfunded Mandate Statement
Section 423 of the Congressional Budget and Impoundment
Control Act (as amended by Section 101(a)(2) of the Unfunded
Mandate Reform Act, P.L. 104-4) requires a statement as to
whether the provisions of the reported include unfunded
mandates. In compliance with this requirement the Committee has
received a letter from the Congressional Budget Office included
herein.
Earmark Identification
H.R. 5503 does not include any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of rule XXI.
Committee Estimate
Clause 3(d)(2) of rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison by the
Committee of the costs that would be incurred in carrying out
H.R. 5503. However, clause 3(d)(3)(B) of that rule provides
that this requirement does not apply when the Committee has
included in its report a timely submitted cost estimate of the
bill prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act.
Budget Authority and Congressional Budget Office Cost Estimate
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause (3)(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has received
the following cost estimate for H.R. 5503 from the Director of
Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 7, 2018.
Hon. Lamar Smith,
Chairman, Committee on Science, Space, and Technology,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 5503, the National
Aeronautics and Space Administration Authorization Act of 2018.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Janani
Shankaran.
Sincerely,
Keith Hall,
Director.
Enclosure.
H.R. 5503--National Aeronautics and Space Administration Authorization
Act of 2018
Summary: H.R. 5503 would authorize the appropriation of
funds for activities of the National Aeronautics and Space
Administration (NASA) and would provide direction on those
activities. CBO estimates that implementing the bill would cost
$21.1 billion over the 2019-2023 period, assuming appropriation
of the authorized amounts.
Enacting H.R. 5503 would affect direct spending by
extending NASA's authority to enter into enhanced-use lease
agreements. Therefore, pay-as-you-go procedures apply. CBO
expects NASA would use that extension to enter into agreements
with third parties to construct and renovate energy production,
launch, and other specialized facilities. CBO estimates that
enacting the bill would increase direct spending by $25 million
over the 2019-2028 period. The bill would not affect revenues.
CBO estimates that enacting H.R. 5503 would not increase
net direct spending by more than $2.5 billion or on-budget
deficits by more than $5 billion in any of the four consecutive
10-year periods beginning in 2029.
H.R. 5503 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
Estimated cost to the Federal Government: The estimated
budgetary effect of H.R. 5503 is shown in the following table.
The costs of the legislation fall within budget functions 250
(general science, space, and technology) and 400
(transportation).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
----------------------------------------------------------------------
2019-
2018 2019 2020 2021 2022 2023 2023
----------------------------------------------------------------------------------------------------------------
INCREASES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Levela..................... 20,736 21,207 0 0 0 0 21,207
Estimated Outlays........................ 0 13,159 6,522 1,080 271 93 21,125
INCREASES IN DIRECT SPENDINGb
Estimated Budget Authority............... 0 1 2 3 3 3 12
Estimated Outlays........................ 0 * 1 2 2 3 8
----------------------------------------------------------------------------------------------------------------
* = less than $500,000.
aH.R. 5503 would authorize the appropriation of $20.7 billion in 2018 for the National Aeronautics and Space
Administration. CBO does not estimate any outlays would result from that authorization because appropriations
for 2018 have already been provided.
bCBO estimates that enacting H.R. 5503 would increase direct spending by $25 million over the 2019-2028 period.
Basis of estimate: For this estimate, CBO assumes that H.R.
5503 will be enacted near the end of 2018 and that the
authorized and necessary amounts will be appropriated.
Spending subject to appropriation
H.R. 5503 would authorize the appropriation of $21.2
billion in 2019 for NASA. (In 2018, the agency received an
appropriation of $20.7 billion for its programs.) The bill also
would direct NASA to continue International Space Station
operations, establish a research office at the Johnson Space
Center, and demonstrate a nuclear power reactor for use in
space, among other activities. Under current law, no specific
amounts are authorized to be appropriated for those purposes.
CBO expects that the authorization of appropriations for 2019
includes the cost of meeting those directives. Based on
historical spending patterns for similar activities, CBO
estimates that implementing H.R. 5503 would cost $21.1 billion
over the 2019-2023 period.
H.R. 5503 also would direct the Government Accountability
Office and the National Space Council to submit reports to the
Congress on space transportation for crew and cargo and the
risk of space exploration. Based on the costs of similar tasks,
CBO estimates implementing those provisions would cost less
than $500,000, and would be subject to the availability of
appropriated funds.
Direct spending
Current law authorizes NASA to lease its underused property
to nonfederal entities and to retain and spend any payments
from those lease agreements for property maintenance and
capital improvements without further appropriation. The
authority for NASA to enter into such enhanced-use lease (EUL)
agreements expires on December 31, 2018. H.R. 5503 would extend
that authority through December 31, 2020.
In the past, NASA has used its EUL authority to lease out
buildings and land for nonfederal purposes--for example,
providing office space to entities with educational or research
missions. In some cases, NASA has allowed limited reuse or
redevelopment of those properties; those arrangements result in
no significant net costs to the agency.\1\ CBO expects that
some of the EUL agreements NASA would enter into over the 2019-
2020 period would be similar in nature to those previous
transactions. Based on NASA's leasing activity in recent years,
CBO estimates that the agency would enter into eight additional
EUL agreements over the 2019-2020 period with average annual
payments to the federal government totaling $225,000 per lease.
CBO expects that those lease payments, which would be recorded
in the budget as reductions in direct spending, would be offset
by an expenditure soon thereafter, so that there would be no
net effect on the deficit.
---------------------------------------------------------------------------
\1\More information on NASA's current lease agreements is included
in National Aeronautics and Space Administration, Report on NASA's
Enhanced Use Leasing for Fiscal Year 2017 (May 2018).
---------------------------------------------------------------------------
In addition, CBO expects that some of those agreements
would contain terms for third parties to construct and renovate
energy production, launch, and other specialized facilities.\2\
While NASA could use other authorities to enter into similar
agreements with third parties, CBO expects the EUL extension
under H.R. 5503 would accelerate and increase the likelihood of
such transactions. CBO also expects that some of those projects
would be governmental in nature because they would be located
on federal land and subject to NASA control, and because NASA
or other federal agencies such as the Department of Defense
would be major users of the services supported by those
facilities. Thus, in CBO's view, the costs of developing and
constructing facilities in that manner are governmental
transactions that should be recorded in the budget.\3\
---------------------------------------------------------------------------
\2\NASA recently announced plans to use its EUL authority to enter
into an agreement with SpaceX to construct launch support facilities.
For more information, see National Aeronautics and Space
Administration, ``NEPA Documents,'' Draft Environmental Assessment for
Space Exploration Technologies Operations Area on Kennedy Space Center
(April 11, 2018), https://go.usa.gov/xPxpx.
\3\For more information on the criteria for identifying
governmental activities, see Congressional Budget Office, How CBO
Determines Whether to Classify an Activity as Governmental When
Estimating Its Budgetary Effects (June 2017), www.cbo.gov/publication/
52803.
---------------------------------------------------------------------------
Based on proposed leasing plans and costs for similar
facilities, CBO estimates that under EUL agreements that would
be finalized over the 2019-2020 period, third parties would
invest a total of about $200 million in energy production,
launch, and other specialized facilities. The budgetary effects
of governmental transactions financed by third parties would
depend on the extent and nature of federal support. In CBO's
view, transactions financed entirely with equity from private
entities should have no net effect on the federal budget
because the cost of those activities would be fully offset by
income from nonfederal sources.
However, CBO expects that some of those third parties would
recover at least a portion of their investments in specialized
facilities that are used by NASA or other federal agencies
through contracts with the federal government--for example, to
launch satellites or other federal payloads into space. CBO
considers such financing on behalf of the federal government
for government activities to be similar to an agency using
federal borrowing authority to improve its physical
infrastructure and treats the costs of such transactions as
direct spending. As such, the full cost of such long-term
commitments that obligate the government to make payments in
future years should be recorded in the budget upfront.\4\
---------------------------------------------------------------------------
\4\For more information on the budgetary treatment of third-party
financing, see Congressional Budget Office, Third-Party Financing of
Federal Projects (June 2005), www.cbo.gov/publication/16554.
---------------------------------------------------------------------------
In 2016, NASA reported a backlog of about $1.6 billion
worth of maintenance and improvement projects across five
locations where it currently leases out space.\5\ CBO expects
that NASA would use its EUL authority to facilitate such
transactions over the 2019-2020 period. Based on the federal
government's potential share of benefits from any new projects
(which CBO estimates would average 25 percent over the lifetime
of those projects), we estimate that NASA would use the EUL
authority under H.R. 5503 to finance the construction of
facilities valued at about $30 million--equivalent to roughly 2
percent of its maintenance backlog at those locations. Based on
historical spending patterns for similar activities, CBO
estimates that direct spending would increase by $25 million
over the 2019-2028 period for those projects.
---------------------------------------------------------------------------
\5\ National Aeronautics and Space Administration, Deferred
Maintenance Assessment Report: FY16 NASA-Wide Standardized Deferred
Maintenance Parametric Estimate (September 30, 2016), https//
go.usa.gov/xPxd2 (PDF, 1.8 MB).
---------------------------------------------------------------------------
Uncertainty
CBO aims to produce estimates that generally reflect the
middle of a range of the most likely budgetary outcomes that
would result if the legislation was enacted. In estimating the
effects of H.R. 5503, CBO had to account for several sources of
uncertainty.
For legislation that authorizes the appropriation of funds
to carry out programs, CBO estimates outlays based on
historical spending patterns for the affected activities.
However, CBO cannot predict potential shifts in NASA's
projects, priorities, and timelines that may affect the pace of
future spending.
In addition, if enacted, direct spending under H.R. 5503
could be higher or lower than CBO's estimate because of the
following three sources of uncertainty.
First, CBO cannot precisely predict the
extent to which the agency would use the EUL extension
under H.R. 5503 instead of its other alternative
financing and leasing authorities to facilitate the
construction of specialized facilities. In such cases,
CBO has adopted a convention of assuming a 50 percent
chance of an agency using its discretion under the
bill.
Second, CBO cannot foresee with certainty
the value of third parties' investments in such
facilities. Generally, investments of higher value
would increase the potential for direct spending.
Finally, CBO cannot predict with certainty
whether or how the federal government would use
facilities constructed by third parties under EUL
agreements. If the federal government is the primary
user of the services provided by those facilities, and
thus, serves as the main source from which third
parties recover their investments, the government's
share of indirect financing for and benefits from those
projects would be higher, resulting in greater direct
spending. However, if the federal government makes
little or no use of the services provided by such
facilities, the resulting net effect on direct spending
could be insignificant or negligible.
Because of those uncertainties, the budgetary effects of
enacting H.R. 5503 could differ significantly from those
provided in CBO's cost estimate.
Pay-As-You-Go considerations: The Statutory Pay-As-You-Go
Act of 2010 establishes budget-reporting and enforcement
procedures for legislation affecting direct spending or
revenues. The net changes in outlays that are subject to those
pay-as-you-go procedures are shown in the following table.
CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.R. 5503, AS ORDERED REPORTED BY THE HOUSE COMMITTEE ON SCIENCE, SPACE, AND TECHNOLOGY ON APRIL 17, 2018
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
--------------------------------------------------------------------------------------------------
2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2018-2023 2018-2028
--------------------------------------------------------------------------------------------------------------------------------------------------------
NET INCREASE IN THE DEFICIT
Statutory Pay-As-You-Go Impact....................... 0 0 1 2 2 3 3 3 3 4 4 8 25
--------------------------------------------------------------------------------------------------------------------------------------------------------
Increase in long-term direct spending and deficits: CBO
estimates that enacting H.R. 5503 would not increase net direct
spending by more than $2.5 billion or on-budget deficits by
more than $5 billion in any of the four consecutive 10-year
periods beginning in 2029.
Mandates: H.R. 5503 contains no intergovernmental or
private-sector mandates as defined in UMRA.
Estimate prepared by: Federal costs: Janani Shankaran;
Mandates: Jon Sperl.
Estimate reviewed by: Kim P. Cawley, Chief, Natural and
Physical Resources Cost Estimates Unit; H. Samuel Papenfuss,
Deputy Assistant Director for Budget Analysis; Theresa Gullo,
Assistant Director for Budget Analysis.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
TITLE 51, UNITED STATES CODE
* * * * * * *
SUBTITLE II--GENERAL PROGRAM AND POLICY PROVISIONS
CHAPTER 201--NATIONAL AERONAUTICS AND SPACE PROGRAM
* * * * * * *
SUBCHAPTER III--GENERAL ADMINISTRATIVE PROVISIONS
* * * * * * *
Sec. 20145. Lease of non-excess property
(a) In General.--The Administrator may enter into a lease
under this section with any person or entity (including another
department or agency of the Federal Government or an entity of
a State or local government) with regard to any non-excess real
property and related personal property under the jurisdiction
of the Administrator.
(b) Cash Consideration.--
(1) Fair market value.--(A) A person or entity
entering into a lease under this section shall provide
cash consideration for the lease at fair market value
as determined by the Administrator.
(B) Notwithstanding subparagraph (A), the
Administrator may accept in-kind consideration
for leases entered into for the purpose of
developing renewable energy production
facilities.
(2) Utilization.--
(A) In general.--The Administrator may
utilize amounts of cash consideration received
under this subsection for a lease entered into
under this section to cover the full costs to
the Administration in connection with the
lease. These funds shall remain available until
expended.
(B) Capital revitalization and
improvements.--Of any amounts of cash
consideration received under this subsection
that are not utilized in accordance with
subparagraph (A)--
(i) 35 percent shall be deposited in
a capital asset account to be
established by the Administrator, shall
be available for maintenance, capital
revitalization, and improvements of the
real property assets and related
personal property under the
jurisdiction of the Administrator, and
shall remain available until expended;
and
(ii) the remaining 65 percent shall
be available to the respective center
or facility of the Administration
engaged in the lease of nonexcess real
property, and shall remain available
until expended for maintenance, capital
revitalization, and improvements of the
real property assets and related
personal property at the respective
center or facility subject to the
concurrence of the Administrator.
(C) No utilization for daily operating
costs.--Amounts utilized under subparagraph (B)
may not be utilized for daily operating costs.
(c) Additional Terms and Conditions.--The Administrator may
require such terms and conditions in connection with a lease
under this section as the Administrator considers appropriate
to protect the interests of the United States.
(d) Relationship to Other Lease Authority.--The authority
under this section to lease property of the Administration is
in addition to any other authority to lease property of the
Administration under law.
(e) Lease Restrictions.--
(1) No lease back or other contract.--The
Administration is not authorized to lease back property
under this section during the term of the out-lease or
enter into other contracts with the lessee respecting
the property.
(2) Certification that out-lease will not have
negative impact on mission.--The Administration is not
authorized to enter into an out-lease under this
section unless the Administrator certifies that the
out-lease will not have a negative impact on the
mission of the Administration.
(f) Reporting Requirements.--The Administrator shall submit
an annual report by January 31st of each year. The report shall
include the following:
(1) Value of arrangements and expenditures of
revenues.--Information that identifies and quantifies
the value of the arrangements and expenditures of
revenues received under this section.
(2) Availability and use of funds for operating
plan.--The availability and use of funds received under
this section for the Administration's operating plan.
(g) Sunset.--The authority to enter into leases under this
section shall expire [December 31, 2018] December 31, 2020. The
expiration under this subsection of authority to enter into
leases under this section shall not affect the validity or term
of leases or the Administration's retention of proceeds from
leases entered into under this section before the expiration of
the authority.
* * * * * * *
SUBTITLE III--ADMINISTRATIVE PROVISIONS
CHAPTER 301--APPROPRIATIONS, BUDGETS, AND ACCOUNTING
Sec.
30101. Prior authorization of appropriations required.
* * * * * * *
30105. Concurrent reports.
* * * * * * *
Sec. 30103. Budgets
(a) Categories.--The proposed budget for the Administration
submitted by the President for each fiscal year shall be
accompanied by documents showing--
(1) by program--
(A) the budget for space operations,
including the International Space Station and
the space shuttle;
(B) the budget for exploration systems;
(C) the budget for aeronautics;
(D) the budget for space science;
(E) the budget for Earth science;
(F) the budget for microgravity science;
(G) the budget for education;
(H) the budget for safety oversight; and
(I) the budget for public relations;
(2) the budget for technology transfer programs;
(3) the budget for the Integrated Enterprise
Management Program, by individual element;
(4) the budget for the Independent Technical
Authority, both total and by center;
(5) the total budget for the prize program under
section 20144 of this title, and the administrative
budget for that program; [and]
(6) the budget for each NASA-funded institute; and
[(6)] (7) the comparable figures for at least the 2
previous fiscal years for each item in the proposed
budget.
(b) Additional Budget Information Upon Request by
Committees.--The Administration shall make available, upon
request from the Committee on Science and Technology of the
House of Representatives or the Committee on Commerce, Science,
and Transportation of the Senate--
(1) information on corporate and center general and
administrative costs and service pool costs,
including--
(A) the total amount of funds being allocated
for those purposes for any fiscal year for
which the President has submitted an annual
budget request to Congress;
(B) the amount of funds being allocated for
those purposes for each center, for
headquarters, and for each directorate; and
(C) the major activities included in each
cost category; and
(2) the figures on the amount of unobligated funds
and unexpended funds, by appropriations account--
(A) that remained at the end of the fiscal
year prior to the fiscal year in which the
budget is being presented that were carried
over into the fiscal year in which the budget
is being presented;
(B) that are estimated will remain at the end
of the fiscal year in which the budget is being
presented that are proposed to be carried over
into the fiscal year for which the budget is
being presented; and
(C) that are estimated will remain at the end
of the fiscal year for which the budget is
being presented.
(c) Information in Annual Budget Justification.--The
Administration shall provide, at a minimum, the following
information in its annual budget justification:
(1) The actual, current, proposed funding level, and
estimated budgets for the next 5 fiscal years by
directorate, theme, program, project and activity
within each appropriations account.
(2) The proposed programmatic and non-programmatic
construction of facilities.
(3) The budget for headquarters including--
(A) the budget by office, and any division
thereof, for the actual, current, proposed
funding level, and estimated budgets for the
next 5 fiscal years;
(B) the travel budget for each office, and
any division thereof, for the actual, current,
and proposed funding level; and
(C) the civil service full time equivalent
assignments per headquarters office, and any
division thereof, including the number of
Senior Executive Service, noncareer, detailee,
and contract personnel per office.
(4) Within 14 days of the submission of the budget to
Congress an accompanying volume shall be provided to
the Committees on Appropriations containing the
following information for each center, facility managed
by any center, and federally funded research and
development center operated on behalf of the
Administration:
(A) The actual, current, proposed funding
level, and estimated budgets for the next 5
fiscal years by directorate, theme, program,
project, and activity.
(B) The proposed programmatic and non-
programmatic construction of facilities.
(C) The number of civil service full time
equivalent positions per center for each
identified fiscal year.
(D) The number of civil service full time
equivalent positions considered to be uncovered
capacity at each location for each identified
fiscal year.
(5) The proposed budget as designated by object class
for each directorate, theme, and program.
(6) Sufficient narrative shall be provided to explain
the request for each program, project, and activity,
and an explanation for any deviation to previously
adopted baselines for all justification materials
provided to the Committees.
(d) Estimate of Gross Receipts and Proposed Use of Funds
Related to Lease of Property.--Each annual budget request shall
include an annual estimate of gross receipts and collections
and proposed use of all funds collected pursuant to section
20145 of this title.
Sec. 30104. Baselines and cost controls
(a) Definitions.--In this section:
(1) Development.--The term ``development'' means the
phase of a program following the formulation phase and
beginning with the approval to proceed to
implementation, as defined in the Administration's
Procedural Requirements 7120.5E, dated August 14, 2012.
(2) Development cost.--The term ``development cost''
means the total of all costs, including construction of
facilities and civil servant costs, from the period
beginning with the approval to proceed to
implementation through the achievement of operational
readiness, without regard to funding source or
management control, for the life of the program.
(3) Life-cycle cost.--The term ``life-cycle cost''
means the total of the direct, indirect, recurring, and
nonrecurring costs, including the construction of
facilities and civil servant costs, and other related
expenses incurred or estimated to be incurred in the
design, development, verification, production,
operation, maintenance, support, and retirement of a
program over its planned lifespan, without regard to
funding source or management control.
(4) Major program.--The term ``major program'' means
an activity approved to proceed to implementation that
has an estimated life-cycle cost of more than
$250,000,000.
(b) Conditions for Development.--
(1) In general.--The Administration shall not enter
into a contract for the development of a major program
unless the Administrator determines that--
(A) the technical, cost, and schedule risks
of the program are clearly identified and the
program has developed a plan to manage those
risks;
(B) the technologies required for the program
have been demonstrated in a relevant laboratory
or test environment; and
(C) the program complies with all relevant
policies, regulations, and directives of the
Administration.
(2) Report.--The Administrator shall transmit a
report describing the basis for the determination
required under paragraph (1) to the Committee on
Science and Technology of the House of Representatives
and the Committee on Commerce, Science, and
Transportation of the Senate at least 30 days before
entering into a contract for development under a major
program.
(3) Nondelegation.--The Administrator may not
delegate the determination requirement under this
subsection, except in cases in which the Administrator
has a conflict of interest.
(c) Major Program Annual Reports.--
(1) Requirement.--Annually, at the same time as the
President's annual budget submission to Congress, the
Administrator shall transmit to the Committee on
Science and Technology of the House of Representatives
and the Committee on Commerce, Science, and
Transportation of the Senate a report that includes the
information required by this section for each major
program for which the Administration proposes to expend
funds in the subsequent fiscal year. Reports under this
paragraph shall be known as Major Program Annual
Reports.
(2) Baseline report.--The first Major Program Annual
Report for each major program shall include a Baseline
Report that shall, at a minimum, include--
(A) the purposes of the program and key
technical characteristics necessary to fulfill
those purposes;
(B) an estimate of the life-cycle cost for
the program, with a detailed breakout of the
development cost, program reserves, and an
estimate of the annual costs until development
is completed;
(C) the schedule for development, including
key program milestones;
(D) the plan for mitigating technical, cost,
and schedule risks identified in accordance
with subsection (b)(1)(A); and
(E) the name of the person responsible for
making notifications under subsection (d), who
shall be an individual whose primary
responsibility is overseeing the program.
(3) Information updates.--For major programs for
which a Baseline Report has been submitted, each
subsequent Major Program Annual Report shall describe
any changes to the information that had been provided
in the Baseline Report, and the reasons for those
changes.
(d) Notification.--
(1) Requirement.--The individual identified under
subsection (c)(2)(E) shall immediately notify the
Administrator any time that individual has reasonable
cause to believe that, for the major program for which
he or she is responsible--
(A) the development cost of the program is
likely to exceed the estimate provided in the
Baseline Report of the program by 15 percent or
more; or
(B) a milestone of the program is likely to
be delayed by 6 months or more from the date
provided for it in the Baseline Report of the
program.
(2) Reasons.--Not later than 30 days after the
notification required under paragraph (1), the
individual identified under subsection (c)(2)(E) shall
transmit to the Administrator a written notification
explaining the reasons for the change in the cost or
milestone of the program for which notification was
provided under paragraph (1).
(3) Notification of congress.--Not later than 15 days
after the Administrator receives a written notification
under paragraph (2), the Administrator shall transmit
the notification to the Committee on Science and
Technology of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate.
(e) Fifteen Percent Threshold.--
(1) Determination, report, and initiation of
analysis.--Not later than 30 days after receiving a
written notification under subsection (d)(2), the
Administrator shall determine whether the development
cost of the program is likely to exceed the estimate
provided in the Baseline Report of the program by 15
percent or more, or whether a milestone is likely to be
delayed by 6 months or more. If the determination is
affirmative, the Administrator shall--
(A) transmit to the Committee on Science and
Technology of the House of Representatives and
the Committee on Commerce, Science, and
Transportation of the Senate, not later than 15
days after making the determination, a report
that includes--
(i) a description of the increase in
cost or delay in schedule and a
detailed explanation for the increase
or delay;
(ii) a description of actions taken
or proposed to be taken in response to
the cost increase or delay; [and]
(iii) a description of any impacts
the cost increase or schedule delay, or
the actions described under clause
(ii), will have on any other program
within the Administration; [and]
(iv) any changes made in the
performance or schedule milestones and
the degree to which such changes have
contributed to the increase in total
cost;
(v) new estimates of the specific
project or specific program cost; and
(vi) a statement validating that the
management structure of the project or
program is adequate to control cost;
and
(B) if the Administrator intends to continue
with the program, promptly initiate an analysis
of the program, which shall include, at a
minimum--
(i) the projected cost and schedule
for completing the program if current
requirements of the program are not
modified;
(ii) the projected cost and the
schedule for completing the program
after instituting the actions described
under subparagraph (A)(ii); and
(iii) a description of, and the
projected cost and schedule for, a
broad range of alternatives to the
program.
(2) Completion of analysis and transmittal to
committees.--The Administration shall complete an
analysis initiated under paragraph (1)(B) not later
than 6 months after the Administrator makes a
determination under this subsection. The Administrator
shall transmit the analysis to the Committee on Science
and Technology of the House of Representatives and
Committee on Commerce, Science, and Transportation of
the Senate not later than 30 days after its completion.
(f) Thirty Percent Threshold.--If the Administrator
determines under subsection (e) that the development cost of a
program will exceed the estimate provided in the Baseline
Report of the program by more than 30 percent, then, beginning
18 months after the date the Administrator transmits a report
under subsection (e)(1)(A), the Administrator shall not expend
any additional funds on the program, other than termination
costs, unless Congress has subsequently authorized continuation
of the program by law. An appropriation for the specific
program enacted subsequent to a report being transmitted shall
be considered an authorization for purposes of this subsection.
If the program is continued, the Administrator shall submit a
new Baseline Report for the program no later than 90 days after
the date of enactment of the Act under which Congress has
authorized continuation of the program.
Sec. 30105. Concurrent reports
For any report that the Administration submits to the
Committee on Appropriations of the House of Representatives or
the Committee on Appropriations of the Senate, the
Administrator shall concurrently submit 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.
SUBTITLE III--ADMINISTRATIVE PROVISIONS
CHAPTER 315--MISCELLANEOUS
Sec.
31501. Orbital debris.
* * * * * * *
31506. Unmanned aircraft systems research.
* * * * * * *
Sec. 31504. Cooperative unmanned aerial vehicle activities
The Administrator, in cooperation with the Administrator of
the National Oceanic and Atmospheric Administration and in
coordination with other agencies that have existing civil
capabilities, shall continue to utilize the capabilities of
unmanned aerial vehicles as appropriate in support of
Administration and interagency cooperative missions. The
Administrator may enter into cooperative agreements with
universities with unmanned aerial vehicle programs and related
assets to conduct collaborative research and development
activities, including development of appropriate applications
of small unmanned aerial vehicle technologies and systems in
remote areas. Operational flight data derived from such
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.
* * * * * * *
Sec. 31506. Unmanned aircraft systems research
The Administrator, in consultation with the Administrator of
the Federal Aviation Administration and other Federal agencies,
shall conduct research on facilitating the safe integration of
unmanned aircraft 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.
SUBTITLE IV--AERONAUTICS AND SPACE RESEARCH AND EDUCATION
CHAPTER 401--AERONAUTICS
* * * * * * *
SUBCHAPTER II--HIGH PRIORITY AERONAUTICS RESEARCH AND DEVELOPMENT
PROGRAMS
* * * * * * *
Sec. 40112. Research and technology programs
(a) Supersonic Transport Research and Development.--[The
Administrator]
(1) In general._The Administrator may establish an
initiative with the objective of developing and
demonstrating, in a relevant environment, airframe and
propulsion technologies to enable efficient, economical
overland flight of supersonic civil transport aircraft
with no significant impact on the environment.
(2) Research.--The Administrator, in consultation
with the Administrator of the Federal Aviation
Administration, shall undertake research on supersonic
transport to inform and accelerate the promulgation of
domestic regulations and international standards and
recommended practices that will open up the U.S. civil
airspace to civil supersonic transport.
(b) Rotorcraft and Other Runway-Independent Air Vehicles.--
The Administrator may establish a rotorcraft and other runway-
independent air vehicles initiative with the objective of
developing and demonstrating improved safety, noise, and
environmental impact in a relevant environment.
(c) Hypersonics Research.--The Administrator may establish a
hypersonics research program with the objective of exploring
the science and technology of hypersonic flight using air-
breathing propulsion concepts, through a mix of theoretical
work, basic and applied research, and development of flight
research demonstration vehicles. The program may also include
the transition to the hypersonic range of Mach 3 to Mach 5.
(d) Revolutionary Aeronautical Concepts.--The Administrator
may establish a research program which covers a unique range of
subsonic, fixed wing vehicles and propulsion concepts. This
research is intended to push technology barriers beyond current
subsonic technology. Propulsion concepts include advanced
materials, morphing engines, hybrid engines, and fuel cells.
(e) Fuel Cell-Powered Aircraft Research.--
(1) Objective.--The Administrator may establish a
fuel cell-powered aircraft research program whose
objective shall be to develop and test concepts to
enable a hydrogen fuel cell-powered aircraft that would
have no hydrocarbon or nitrogen oxide emissions into
the environment.
(2) Approach.--The Administrator may establish a
program of competitively awarded grants available to
teams of researchers that may include the participation
of individuals from universities, industry, and
government for the conduct of this research.
(f) Mars Aircraft Research.--
(1) Objective.--The Administrator may establish a
Mars Aircraft project whose objective shall be to
develop and test concepts for an uncrewed aircraft that
could operate for sustained periods in the atmosphere
of Mars.
(2) Approach.--The Administrator may establish a
program of competitively awarded grants available to
teams of researchers that may include the participation
of individuals from universities, industry, and
government for the conduct of this research.
* * * * * * *
SUBTITLE V--PROGRAMS TARGETING COMMERCIAL OPPORTUNITIES
CHAPTER 501--SPACE COMMERCE
Sec.
50101. Definitions.
SUBCHAPTER II--PROMOTION OF COMMERCIAL SPACE OPPORTUNITIES
* * * * * * *
50117. Commercial supply of space products.
* * * * * * *
SUBCHAPTER II--PROMOTION OF COMMERCIAL SPACE OPPORTUNITIES
* * * * * * *
Sec. 50117. Commercial supply of space products
(a) In General.--In planning and carrying out space
exploration missions, the Administrator shall, to the greatest
extent practicable, prioritize the acquisition and use of space
products provided by a United States commercial provide.
(b) Space Product Defined.--In this section, the term ``space
product'' means a tangible good, including a finished good, or
commodity, including a propellant, water, oxygen, or gas,
that--
(1) is required for space exploration activities; and
(2) originates in outer space.
(c) Commodities Used in Space.--
(1) List of commodities.--In planning a space
exploration mission, the Administrator shall create a
list of commodities to be used during such mission. The
list shall include specification of each commodity,
anticipated quantity, and the location and timeframe of
need.
(2) Commodity cost basis.--For each commodity listed
pursuant paragraph (1), NASA shall establish a
commodity cost basis that shall represent the lesser
of--
(A) the estimated cost to procure the
commodity on Earth and deliver the commodity to
the location of use; and
(B) the estimated cost for the Government to
procure the equivalent commodity that is a
space product.
(3) Publication.--The Administrator shall annually
publish the information compiled under paragraphs (1)
and (2) during the previous calendar year.
(d) Exceptions.--The Administrator shall not be required to
prioritize the acquisition of space products for the purposes
described in subsection (a) if, on a case-by-case basis--
(1) the Administrator determines that--
(A) cost-effective space products that meet
specific mission requirements would not be
reasonably available from United States
commercial providers when required;
(B) the use of space products from United
States commercial providers poses an
unacceptable mission risk; or
(C) the use of space products is inconsistent
with international agreements for international
collaborative efforts relating to science and
technology; or
(2) the Secretary of the Air Force determines that
the use of space commodities from United States
commercial providers is inconsistent with national
security objectives.
(e) Agreements With Foreign Entities.--Nothing in this
section shall prevent the Administrator from planning or
negotiating agreements with foreign governmental entities for
the provision of space products.
* * * * * * *
SUBTITLE VI--EARTH OBSERVATIONS
CHAPTER 601--LAND REMOTE SENSING POLICY
SUBCHAPTER SUBCHAPTER I--GENERAL
Sec.
60101. Definitions.
* * * * * * *
SUBCHAPTER IV--RESEARCH, DEVELOPMENT, AND DEMONSTRATION
* * * * * * *
60135. Continuous land remote sensing data collection.
* * * * * * *
SUBCHAPTER IV--RESEARCH, DEVELOPMENT, AND DEMONSTRATION
* * * * * * *
Sec. 60135. Continuous land remote sensing data collection
(a) Policy.--It is the policy of the United States to--
(1) ensure, to the greatest extent practicable, the
continuous collection of space-based, medium-resolution
observations of the Earth's land cover;
(2) ensure that the collected data are made available
in such ways as to facilitate the widest possible use;
and
(3) foster, to the greatest extent practicable the
development of U.S. private sector remote sensing
capabilities and analyses that can satisfy the public
interest in long-term continuous collection of medium-
resolution land remote sensing data.
(b) Coordination.--The National Space Council, in
consultation with other relevant Federal agencies, shall
coordinate United States Government activities described under
paragraphs (1) through (3) of subsection (a).
* * * * * * *
SUBTITLE VI--EARTH OBSERVATIONS
CHAPTER 605--EARTH SCIENCE
Sec.
60501. Goal.
* * * * * * *
60507. Reimbursable basis for development of sensors and instruments.
* * * * * * *
Sec. 60507. Reimbursable basis for development of sensors and
instruments
Any work undertaken by the Administration for the benefit of
another agency shall be conducted on a reimbursable basis that
accounts for the full cost of the work, including work
undertaken 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.
* * * * * * *
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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION AUTHORIZATION ACT OF 2010
* * * * * * *
TITLE VII--EARTH SCIENCE
* * * * * * *
SEC. 702. INTERAGENCY COLLABORATION IMPLEMENTATION APPROACH.
[The Director of] (a) In General._The Director of OSTP
shall establish a mechanism to ensure greater coordination of
the research, operations, and activities relating to civilian
Earth observation of those Agencies, including NASA, that have
active programs that either contribute directly or indirectly
to these areas. This mechanism should include the development
of a strategic implementation plan that is updated at least
every 3 years, and includes a process for external independent
advisory input. This plan should include a description of the
responsibilities of the various Agency roles in Earth
observations, recommended cost-sharing and procurement
arrangements between Agencies and other entities, including
international arrangements, and a plan for ensuring the
provision of sustained, long term space-based climate
observations. The Director shall provide a report to Congress
within 90 days after the date of enactment of this Act on the
implementation plan for this mechanism.
(b) Consideration.--In carrying out the strategic
implementation plan under subsection (a), the Director shall
take into account and incorporate into such plan, as
appropriate, purchasing Earth observation data and services
from the private sector or through public-private partnerships
to meet Earth observation requirements.
* * * * * * *
