[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2800 Engrossed in Senate (ES)]
<DOC>
116th CONGRESS
2d Session
S. 2800
_______________________________________________________________________
AN ACT
To authorize programs of the National Aeronautics and Space
Administration, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``National
Aeronautics and Space Administration Authorization Act of 2020''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--AUTHORIZATION OF APPROPRIATIONS
Sec. 101. Authorization of appropriations.
TITLE II--HUMAN SPACEFLIGHT AND EXPLORATION
Sec. 201. Advanced cislunar and lunar surface capabilities.
Sec. 202. Space launch system configurations.
Sec. 203. Advanced spacesuits.
Sec. 204. Acquisition of domestic space transportation and logistics
resupply services.
Sec. 205. Rocket engine test infrastructure.
Sec. 206. Indian River Bridge.
Sec. 207. Pearl River maintenance.
Sec. 208. Value of International Space Station and capabilities in low-
Earth orbit.
Sec. 209. Extension and modification relating to International Space
Station.
Sec. 210. Department of Defense activities on International Space
Station.
Sec. 211. Commercial development in low-Earth orbit.
Sec. 212. Maintaining a national laboratory in space.
Sec. 213. International Space Station national laboratory; property
rights in inventions.
Sec. 214. Data first produced during non-NASA scientific use of the ISS
national laboratory.
Sec. 215. Payments received for commercial space-enabled production on
the ISS.
Sec. 216. Stepping stone approach to exploration.
Sec. 217. Technical amendments relating to Artemis missions.
TITLE III--SCIENCE
Sec. 301. Science priorities.
Sec. 302. Lunar discovery program.
Sec. 303. Search for life.
Sec. 304. James Webb Space Telescope.
Sec. 305. Wide-Field Infrared Survey Telescope.
Sec. 306. Study on satellite servicing for science missions.
Sec. 307. Earth science missions and programs.
Sec. 308. Life science and physical science research.
Sec. 309. Science missions to Mars.
Sec. 310. Planetary Defense Coordination Office.
Sec. 311. Suborbital science flights.
Sec. 312. Earth science data and observations.
Sec. 313. Sense of Congress on small satellite science.
Sec. 314. Sense of Congress on commercial space services.
Sec. 315. Procedures for identifying and addressing alleged violations
of scientific integrity policy.
TITLE IV--AERONAUTICS
Sec. 401. Short title.
Sec. 402. Definitions.
Sec. 403. Experimental aircraft projects.
Sec. 404. Unmanned aircraft systems.
Sec. 405. 21st Century Aeronautics Capabilities Initiative.
Sec. 406. Sense of Congress on on-demand air transportation.
Sec. 407. Sense of Congress on hypersonic technology research.
TITLE V--SPACE TECHNOLOGY
Sec. 501. Space Technology Mission Directorate.
Sec. 502. Flight opportunities program.
Sec. 503. Small Spacecraft Technology Program.
Sec. 504. Nuclear propulsion technology.
Sec. 505. Mars-forward technologies.
Sec. 506. Prioritization of low-enriched uranium technology.
Sec. 507. Sense of Congress on next-generation communications
technology.
Sec. 508. Lunar surface technologies.
TITLE VI--STEM ENGAGEMENT
Sec. 601. Sense of Congress.
Sec. 602. STEM education engagement activities.
Sec. 603. Skilled technical education outreach program.
Sec. 604. National space grant college and fellowship program.
TITLE VII--WORKFORCE AND INDUSTRIAL BASE
Sec. 701. Appointment and compensation pilot program.
Sec. 702. Establishment of multi-institution consortia.
Sec. 703. Expedited access to technical talent and expertise.
Sec. 704. Report on industrial base for civil space missions and
operations.
Sec. 705. Separations and retirement incentives.
Sec. 706. Confidentiality of medical quality assurance records.
TITLE VIII--MISCELLANEOUS PROVISIONS
Sec. 801. Contracting authority.
Sec. 802. Authority for transaction prototype projects and follow-on
production contracts.
Sec. 803. Protection of data and information from public disclosure.
Sec. 804. Physical security modernization.
Sec. 805. Lease of non-excess property.
Sec. 806. Cybersecurity.
Sec. 807. Limitation on cooperation with the People's Republic of
China.
Sec. 808. Consideration of issues related to contracting with entities
receiving assistance from or affiliated
with the People's Republic of China.
Sec. 809. Small satellite launch services program.
Sec. 810. 21st century space launch infrastructure.
Sec. 811. Missions of national need.
Sec. 812. Drinking water well replacement for Chincoteague, Virginia.
Sec. 813. Passenger carrier use.
Sec. 814. Use of commercial near-space balloons.
Sec. 815. President's Space Advisory Board.
Sec. 816. Initiative on technologies for noise and emissions
reductions.
Sec. 817. Remediation of sites contaminated with trichloroethylene.
Sec. 818. Report on merits and options for establishing an institute
relating to space resources.
Sec. 819. Report on establishing center of excellence for space weather
technology.
Sec. 820. Review on preference for domestic suppliers.
Sec. 821. Report on utilization of commercial spaceports licensed by
Federal Aviation Administration.
Sec. 822. Active orbital debris mitigation.
Sec. 823. Study on commercial communications services.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administration.--The term ``Administration'' means the
National Aeronautics and Space Administration.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the National Aeronautics and Space
Administration.
(3) Appropriate committees of congress.--Except as
otherwise expressly provided, the term ``appropriate committees
of Congress'' means--
(A) the Committee on Commerce, Science, and
Transportation of the Senate; and
(B) the Committee on Science, Space, and Technology
of the House of Representatives.
(4) Cislunar space.--The term ``cislunar space'' means the
region of space beyond low-Earth orbit out to and including the
region around the surface of the Moon.
(5) Deep space.--The term ``deep space'' means the region
of space beyond low-Earth orbit, including cislunar space.
(6) Development cost.--The term ``development cost'' has
the meaning given the term in section 30104 of title 51, United
States Code.
(7) ISS.--The term ``ISS'' means the International Space
Station.
(8) ISS management entity.--The term ``ISS management
entity'' means the organization with which the Administrator
has entered into a cooperative agreement under section 504(a)
of the National Aeronautics and Space Administration
Authorization Act of 2010 (42 U.S.C. 18354(a)).
(9) NASA.--The term ``NASA'' means the National Aeronautics
and Space Administration.
(10) Orion.--The term ``Orion'' means the multipurpose crew
vehicle described in section 303 of the National Aeronautics
and Space Administration Authorization Act of 2010 (42 U.S.C.
18323).
(11) OSTP.--The term ``OSTP'' means the Office of Science
and Technology Policy.
(12) Space launch system.--The term ``Space Launch System''
means the Space Launch System authorized under section 302 of
the National Aeronautics and Space Administration Act of 2010
(42 U.S.C. 18322).
TITLE I--AUTHORIZATION OF APPROPRIATIONS
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Administration for
fiscal year 2021 $23,495,000,000 as follows:
(1) For Exploration, $6,706,400,000.
(2) For Space Operations, $3,988,200,000.
(3) For Science, $7,274,700,000.
(4) For Aeronautics, $828,700,000.
(5) For Space Technology, $1,206,000,000.
(6) For Science, Technology, Engineering, and Mathematics
Engagement, $120,000,000.
(7) For Safety, Security, and Mission Services,
$2,936,500,000.
(8) For Construction and Environmental Compliance and
Restoration, $390,300,000.
(9) For Inspector General, $44,200,000.
TITLE II--HUMAN SPACEFLIGHT AND EXPLORATION
SEC. 201. ADVANCED CISLUNAR AND LUNAR SURFACE CAPABILITIES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) commercial entities in the United States have made
significant investment and progress toward the development of
human-class lunar landers;
(2) NASA developed the Artemis program--
(A) to fulfill the goal of landing United States
astronauts, including the first woman and the next man,
on the Moon; and
(B) to collaborate with commercial and
international partners to establish sustainable lunar
exploration by 2028; and
(3) in carrying out the Artemis program, the Administration
should ensure that the entire Artemis program is inclusive and
representative of all people of the United States, including
women and minorities.
(b) Lander Program.--
(1) In general.--The Administrator shall foster the flight
demonstration of not more than 2 human-class lunar lander
designs through public-private partnerships.
(2) Initial development phase.--The Administrator may
support the formulation of more than 2 concepts in the initial
development phase.
(c) Requirements.--In carrying out the program under subsection
(b), the Administrator shall--
(1) enter into industry-led partnerships using a fixed-
price, milestone-based approach;
(2) to the maximum extent practicable, encourage
reusability and sustainability of systems developed;
(3) prioritize safety and implement robust ground and in-
space test requirements;
(4) ensure availability of 1 or more lunar polar science
payloads for a demonstration mission; and
(5) to the maximum extent practicable, offer existing
capabilities and assets of NASA centers to support these
partnerships.
SEC. 202. SPACE LAUNCH SYSTEM CONFIGURATIONS.
(a) Mobile Launch Platform.--The Administrator is authorized to
maintain 2 operational mobile launch platforms to enable the launch of
multiple configurations of the Space Launch System.
(b) Exploration Upper Stage.--To meet the capability requirements
under section 302(c)(2) of the National Aeronautics and Space
Administration Authorization Act of 2010 (42 U.S.C. 18322(c)(2)), the
Administrator shall continue development of the Exploration Upper Stage
for the Space Launch System with a scheduled availability sufficient
for use on the third launch of the Space Launch System.
(c) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Administrator shall brief the appropriate
committees of Congress on the development and scheduled availability of
the Exploration Upper Stage for the third launch of the Space Launch
System.
(d) Main Propulsion Test Article.--To meet the requirements under
section 302(c)(3) of the National Aeronautics and Space Administration
Authorization Act of 2010 (42 U.S.C. 18322(c)(3)), the Administrator
shall--
(1) immediately on completion of the first full-duration
integrated core stage test of the Space Launch System, initiate
development of a main propulsion test article for the
integrated core stage propulsion elements of the Space Launch
System, consistent with cost and schedule constraints,
particularly for long-lead propulsion hardware needed for
flight;
(2) not later than 180 days after the date of the enactment
of this Act, submit to the appropriate committees of Congress a
detailed plan for the development and operation of such main
propulsion test article; and
(3) use existing capabilities of NASA centers for the
design, manufacture, and operation of the main propulsion test
article.
SEC. 203. ADVANCED SPACESUITS.
(a) Sense of Congress.--It is the sense of Congress that next-
generation advanced spacesuits are a critical technology for human
space exploration and use of low-Earth orbit, cislunar space, the
surface of the Moon, and Mars.
(b) Development Plan.--The Administrator shall establish a detailed
plan for the development and manufacture of advanced spacesuits,
consistent with the deep space exploration goals and timetables of
NASA.
(c) Diverse Astronaut Corps.--The Administrator shall ensure that
spacesuits developed and manufactured after the date of the enactment
of this Act are capable of accommodating a wide range of sizes of
astronauts so as to meet the needs of the diverse NASA astronaut corps.
(d) ISS Use.--Throughout the operational life of the ISS, the
Administrator should fully use the ISS for testing advanced spacesuits.
(e) Prior Investments.--
(1) In general.--In developing an advanced spacesuit, the
Administrator shall, to the maximum extent practicable, partner
with industry-proven spacesuit design, development, and
manufacturing suppliers and leverage prior and existing
investments in advanced spacesuit technologies and existing
capabilities at NASA centers to maximize the benefits of such
investments and technologies.
(2) Agreements with private entities.--In carrying out this
subsection, the Administrator may enter into 1 or more
agreements with 1 or more private entities for the manufacture
of advanced spacesuits, as the Administrator considers
appropriate.
(f) Briefing.--Not later than 180 days after the date of the
enactment of this Act, and semiannually thereafter until NASA procures
advanced spacesuits under this section, the Administrator shall brief
the appropriate committees of Congress on the development plan in
subsection (b).
SEC. 204. ACQUISITION OF DOMESTIC SPACE TRANSPORTATION AND LOGISTICS
RESUPPLY SERVICES.
(a) In General.--Except as provided in subsection (b), the
Administrator shall not enter into any contract with a person or entity
that proposes to use, or will use, a foreign launch provider for a
commercial service to provide space transportation or logistics
resupply for--
(1) the ISS; or
(2) any Government-owned or Government-funded platform in
Earth orbit or cislunar space, on the lunar surface, or
elsewhere in space.
(b) Exception.--The Administrator may enter into a contract with a
person or an entity that proposes to use, or will use, a foreign launch
provider for a commercial service to carry out an activity described in
subsection (a) if--
(1) a domestic vehicle or service is unavailable; or
(2) the launch vehicle or service is a contribution by a
partner to an international no-exchange-of-funds collaborative
effort.
(c) Rule of Construction.--Nothing in this section shall be
construed to prohibit the Administrator from entering into 1 or more
no-exchange-of-funds collaborative agreements with an international
partner in support of the deep space exploration plan of NASA.
SEC. 205. ROCKET ENGINE TEST INFRASTRUCTURE.
(a) In General.--The Administrator shall continue to carry out a
program to modernize rocket propulsion test infrastructure at NASA
facilities--
(1) to increase capabilities;
(2) to enhance safety;
(3) to support propulsion development and testing; and
(4) to foster the improvement of Government and commercial
space transportation and exploration.
(b) Projects.--Projects funded under the program described in
subsection (a) may include--
(1) infrastructure and other facilities and systems
relating to rocket propulsion test stands and rocket propulsion
testing;
(2) enhancements to test facility capacity and flexibility;
and
(3) such other projects as the Administrator considers
appropriate to meet the goals described in that subsection.
(c) Requirements.--In carrying out the program under subsection
(a), the Administrator shall--
(1) prioritize investments in projects that enhance test
and flight certification capabilities for large thrust-level
atmospheric and altitude engines and engine systems, and multi-
engine integrated test capabilities;
(2) continue to make underutilized test facilities
available for commercial use on a reimbursable basis; and
(3) ensure that no project carried out under this program
adversely impacts, delays, or defers testing or other
activities associated with facilities used for Government
programs, including--
(A) the Space Launch System and the Exploration
Upper Stage of the Space Launch System;
(B) in-space propulsion to support exploration
missions; or
(C) nuclear propulsion testing.
(d) Rule of Construction.--Nothing in this section shall preclude a
NASA program, including the Space Launch System and the Exploration
Upper Stage of the Space Launch System, from using the modernized test
infrastructure developed under this section.
(e) Working Capital Fund Study.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Administrator shall submit to
the appropriate committees of Congress a report on the use of
the authority under section 30102 of title 51, United States
Code, to promote increased use of NASA rocket propulsion test
infrastructure for research, development, testing, and
evaluation activities by other Federal agencies, firms,
associations, corporations, and educational institutions.
(2) Matters to be included.--The report required by
paragraph (1) shall include the following:
(A) An assessment of prior use, if any, of the
authority under section 30102 of title 51, United
States Code, to improve testing infrastructure.
(B) An analysis of any barrier to implementation of
such authority for the purpose of promoting increased
use of NASA rocket propulsion test infrastructure.
SEC. 206. INDIAN RIVER BRIDGE.
(a) In General.--The Administrator, in coordination with the heads
of other Federal agencies that use the Indian River Bridge on the NASA
Causeway, shall develop a plan to ensure that a bridge over the Indian
River at such location provides access to the Eastern Range for
national security, civil, and commercial space operations.
(b) Fee or Toll Discouraged.--The plan shall strongly discourage
the imposition of a user fee or toll on a bridge over the Indian River
at such location.
SEC. 207. PEARL RIVER MAINTENANCE.
(a) In General.--The Administrator shall coordinate with the Chief
of the Army Corps of Engineers to ensure the continued navigability of
the Pearl River and Little Lake channels sufficient to support NASA
barge operations surrounding Stennis Space Center and the Michoud
Assembly Facility.
(b) Report to Congress.--Not later than 180 days after the date of
the enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report on efforts under subsection
(a).
(c) Appropriate Committees of Congress.--In this section, the term
``appropriate committees of Congress'' means--
(1) the Committee on Commerce, Science, and Transportation,
the Committee on Environment and Public Works, and the
Committee on Appropriations of the Senate; and
(2) the Committee on Science, Space, and Technology, the
Committee on Transportation and Infrastructure, and the
Committee on Appropriations of the House of Representatives.
SEC. 208. VALUE OF INTERNATIONAL SPACE STATION AND CAPABILITIES IN LOW-
EARTH ORBIT.
(a) Sense of Congress.--It is the sense of Congress that--
(1) it is in the national and economic security interests
of the United States to maintain a continuous human presence in
low-Earth orbit;
(2) low-Earth orbit should be used as a test bed to advance
human space exploration and scientific discoveries; and
(3) the ISS is a critical component of economic,
commercial, and industrial development in low-Earth orbit.
(b) Human Presence Requirement.--The United States shall
continuously maintain the capability for a continuous human presence in
low-Earth orbit through and beyond the useful life of the ISS.
SEC. 209. EXTENSION AND MODIFICATION RELATING TO INTERNATIONAL SPACE
STATION.
(a) Policy.--Section 501(a) of the National Aeronautics and Space
Administration Authorization Act of 2010 (42 U.S.C. 18351(a)) is
amended by striking ``2024'' and inserting ``2030''.
(b) Maintenance of United States Segment and Assurance of Continued
Operations.--Section 503(a) of the National Aeronautics and Space
Administration Authorization Act of 2010 (42 U.S.C. 18353(a)) is
amended by striking ``September 30, 2024'' and inserting ``September
30, 2030''.
(c) Research Capacity Allocation and Integration of Research
Payloads.--Section 504(d) of the National Aeronautics and Space
Administration Authorization Act of 2010 (42 U.S.C. 18354(d)) is
amended--
(1) in paragraph (1), in the first sentence--
(A) by striking ``As soon as practicable'' and all
that follows through ``2011,'' and inserting ``The'';
and
(B) by striking ``September 30, 2024'' and
inserting ``September 30, 2030''; and
(2) in paragraph (2), in the third sentence, by striking
``September 30, 2024'' and inserting ``September 30, 2030''.
(d) Maintenance of Use.--
(1) In general.--Section 70907 of title 51, United States
Code, is amended--
(A) in the section heading, by striking ``2024''
and inserting ``2030'';
(B) in subsection (a), by striking ``September 30,
2024'' and inserting ``September 30, 2030''; and
(C) in subsection (b)(3), by striking ``September
30, 2024'' and inserting ``September 30, 2030''.
(e) Transition Plan Reports.--Section 50111(c)(2) of title 51,
United States Code is amended--
(1) in the matter preceding subparagraph (A), by striking
``2023'' and inserting ``2028''; and
(2) in subparagraph (J), by striking ``2028'' and inserting
``2030''.
(f) Elimination of International Space Station National Laboratory
Advisory Committee.--Section 70906 of title 51, United States Code, is
repealed.
(g) Conforming Amendments.--Chapter 709 of title 51, United States
Code, is amended--
(1) by redesignating section 70907 as section 70906; and
(2) in the table of sections for the chapter, by striking
the items relating to sections 70906 and 70907 and inserting
the following:
``70906. Maintaining use through at least 2030.''.
SEC. 210. DEPARTMENT OF DEFENSE ACTIVITIES ON INTERNATIONAL SPACE
STATION.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall--
(1) identify and review each activity, program, and project
of the Department of Defense completed, being carried out, or
planned to be carried out on the ISS as of the date of the
review; and
(2) provide to the appropriate committees of Congress a
briefing that describes the results of the review.
(b) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Commerce, Science, and
Transportation of the Senate; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Science, Space, and
Technology of the House of Representatives.
SEC. 211. COMMERCIAL DEVELOPMENT IN LOW-EARTH ORBIT.
(a) Statement of Policy.--It is the policy of the United States to
encourage the development of a thriving and robust United States
commercial sector in low-Earth orbit.
(b) Preference for United States Commercial Products and
Services.--The Administrator shall continue to increase the use of
assets, products, and services of private entities in the United States
to fulfill the low-Earth orbit requirements of the Administration.
(c) Noncompetition.--
(1) In general.--Except as provided in paragraph (2), the
Administrator may not offer to a foreign person or a foreign
government a spaceflight product or service relating to the
ISS, if a comparable spaceflight product or service, as
applicable, is offered by a private entity in the United
States.
(2) Exception.--The Administrator may offer a spaceflight
product or service relating to the ISS to the government of a
country that is a signatory to the Agreement Among the
Government of Canada, Governments of Member States of the
European Space Agency, the Government of Japan, the Government
of the Russian Federation, and the Government of the United
States of America Concerning Cooperation on the Civil
International Space Station, signed at Washington January 29,
1998, and entered into force on March 27, 2001 (TIAS 12927),
including an international partner astronaut (as defined in
section 50902 of title 51, United States Code) that is
sponsored by the government of such a country.
(d) Short-duration Commercial Missions.--To provide opportunities
for additional transport of astronauts to the ISS and help establish a
commercial market in low-Earth orbit, the Administrator may permit
short-duration missions to the ISS for commercial passengers on a fully
or partially reimbursable basis.
(e) Program Authorization.--
(1) Establishment.--The Administrator shall establish a
low-Earth orbit commercial development program to encourage the
fullest commercial use and development of space by private
entities in the United States.
(2) Elements.--The program established under paragraph (1)
shall, to the maximum extent practicable, include activities--
(A) to stimulate demand for--
(i) space-based commercial research,
development, and manufacturing;
(ii) spaceflight products and services; and
(iii) human spaceflight products and
services in low-Earth orbit;
(B) to improve the capability of the ISS to
accommodate commercial users; and
(C) subject to paragraph (3), to foster the
development of commercial space stations and habitats.
(3) Commercial space stations and habitats.--
(A) Priority.--With respect to an activity to
develop a commercial space station or habitat, the
Administrator shall give priority to an activity for
which a private entity provides a significant share of
the cost to develop and operate the activity.
(B) Report.--Not later than 30 days after the date
that an award or agreement is made to carry out an
activity to develop a commercial space station or
habitat, the Administrator shall submit to the
appropriate committees of Congress a report on the
development of the commercial space station or habitat,
as applicable, that includes--
(i) a business plan that describes the
manner in which the project will--
(I) meet the future requirements of
NASA for low-Earth orbit human space-
flight services; and
(II) fulfill the cost-share funding
prioritization under subparagraph (A);
and
(ii) a review of the viability of the
operational business case, including--
(I) the level of expected
Government participation;
(II) a list of anticipated
nongovernmental an international
customers and associated contributions;
and
(III) an assessment of long-term
sustainability for the nongovernmental
customers, including an independent
assessment of the viability of the
market for such commercial services or
products.
SEC. 212. MAINTAINING A NATIONAL LABORATORY IN SPACE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States segment of the International Space
Station (as defined in section 70905 of title 51, United States
Code), which is designated as a national laboratory under
section 70905(b) of title 51, United States Code--
(A) benefits the scientific community and promotes
commerce in space;
(B) fosters stronger relationships among NASA and
other Federal agencies, the private sector, and
research groups and universities;
(C) advances science, technology, engineering, and
mathematics education through use of the unique
microgravity environment; and
(D) advances human knowledge and international
cooperation;
(2) after the ISS is decommissioned, the United States
should maintain a national microgravity laboratory in space;
(3) in maintaining a national microgravity laboratory in
space, the United States should make appropriate accommodations
for different types of ownership and operation arrangements for
the ISS and future space stations;
(4) to the maximum extent practicable, a national
microgravity laboratory in space should be maintained in
cooperation with international space partners; and
(5) NASA should continue to support fundamental science
research on future platforms in low-Earth orbit and cislunar
space, orbital and suborbital flights, drop towers, and other
microgravity testing environments.
(b) Report.--The Administrator, in coordination with the National
Space Council and other Federal agencies as the Administrator considers
appropriate, shall issue a report detailing the feasibility of
establishing a microgravity national laboratory federally funded
research and development center to carry out activities relating to the
study and use of in-space conditions.
SEC. 213. INTERNATIONAL SPACE STATION NATIONAL LABORATORY; PROPERTY
RIGHTS IN INVENTIONS.
(a) In General.--Subchapter III of chapter 201 of title 51, United
States Code, is amended by adding at the end the following:
``Sec. 20150. Property rights in designated inventions
``(a) Exclusive Property Rights.--Notwithstanding section 3710a of
title 15, chapter 18 of title 35, section 20135, or any other provision
of law, a designated invention shall be the exclusive property of a
user, and shall not be subject to a Government-purpose license, if--
``(1)(A) the Administration is reimbursed under the terms
of the contract for the full cost of a contribution by the
Federal Government of the use of Federal facilities, equipment,
materials, proprietary information of the Federal Government,
or services of a Federal employee during working hours,
including the cost for the Administration to carry out its
responsibilities under paragraphs (1) and (4) of section 504(d)
of the National Aeronautics and Space Administration
Authorization Act of 2010 (42 U.S.C. 18354(d));
``(B) Federal funds are not transferred to the user under
the contract; and
``(C) the designated invention was made (as defined in
section 20135(a))--
``(i) solely by the user; or
``(ii)(I) by the user with the services of a
Federal employee under the terms of the contract; and
``(II) the Administration is reimbursed for such
services under subparagraph (B); or
``(2) the Administrator determines that the relevant field
of commercial endeavor is sufficiently immature that granting
exclusive property rights to the user is necessary to help
bolster demand for products and services produced on crewed or
crew-tended space stations.
``(b) Notification to Congress.--On completion of a determination
made under paragraph (2), the Administrator shall submit to the
appropriate committees of Congress a notification of the determination
that includes a written justification.
``(c) Public Availability.--A determination or part of such
determination under paragraph (1) shall be made available to the public
on request, as required under section 552 of title 5, United States
Code (commonly referred to as the `Freedom of Information Act').
``(d) Rule of Construction.--Nothing in this section may be
construed to affect the rights of the Federal Government, including
property rights in inventions, under any contract, except in the case
of a written contract with the Administration or the ISS management
entity for the performance of a designated activity.
``(e) Definitions.--In this section--
``(1) Contract.--The term `contract' has the meaning giving
the term in section 20135(a).
``(2) Designated activity.--The term `designated activity'
means any non-NASA scientific use of the ISS national
laboratory as described in section 504 of the National
Aeronautics and Space Administration Authorization Act of 2010
(42 U.S.C. 18354).
``(3) Designated invention.--The term `designated
invention' means any invention, product, or service conceived
or first reduced to practice by any person in the performance
of a designated activity under a written contract with the
Administration or the ISS management entity.
``(4) Full cost.--The term `full cost' means the cost of
transporting materials or passengers to and from the ISS,
including any power needs, the disposal of mass, crew member
time, stowage, power on the ISS, data downlink, crew
consumables, and life support.
``(5) Government-purpose license.--The term `Government-
purpose license' means the reservation by the Federal
Government of an irrevocable, nonexclusive, nontransferable,
royalty-free license for the use of an invention throughout the
world by or on behalf of the United States or any foreign
government pursuant to a treaty or agreement with the United
States.
``(6) ISS management entity.--The term `ISS management
entity' means the organization with which the Administrator
enters into a cooperative agreement under section 504(a) of the
National Aeronautics and Space Administration Authorization Act
of 2010 (42 U.S.C. 18354(a)).
``(7) User.--The term `user' means a person, including a
nonprofit organization or small business firm (as such terms
are defined in section 201 of title 35), or class of persons
that enters into a written contract with the Administration or
the ISS management entity for the performance of designated
activities.''.
(b) Conforming Amendment.--The table of sections for chapter 201 of
title 51, United States Code, is amended by inserting after the item
relating to section 20149 the following:
``20150. Property rights in designated inventions.''.
SEC. 214. DATA FIRST PRODUCED DURING NON-NASA SCIENTIFIC USE OF THE ISS
NATIONAL LABORATORY.
(a) Data Rights.--Subchapter III of chapter 201 of title 51, United
States Code, as amended by section 213, is further amended by adding at
the end the following:
``Sec. 20151. Data rights
``(a) Non-NASA Scientific Use of the ISS National Laboratory.--The
Federal Government may not use or reproduce, or disclose outside of the
Government, any data first produced in the performance of a designated
activity under a written contract with the Administration or the ISS
management entity, unless--
``(1) otherwise agreed under the terms of the contract with
the Administration or the ISS management entity, as applicable;
``(2) the designated activity is carried out with Federal
funds;
``(3) disclosure is required by law;
``(4) the Federal Government has rights in the data under
another Federal contract, grant, cooperative agreement, or
other transaction; or
``(5) the data is--
``(A) otherwise lawfully acquired or independently
developed by the Federal Government;
``(B) related to the health and safety of personnel
on the ISS; or
``(C) essential to the performance of work by the
ISS management entity or NASA personnel.
``(b) Definitions.--In this section:
``(1) Contract.--The term `contract' has the meaning given
the term under section 20135(a).
``(2) Data.--
``(A) In general.--The term `data' means recorded
information, regardless of form or the media on which
it may be recorded.
``(B) Inclusions.--The term `data' includes
technical data and computer software.
``(C) Exclusions.--The term `data' does not include
information incidental to contract administration, such
as financial, administrative, cost or pricing, or
management information.
``(3) Designated activity.--The term `designated activity'
has the meaning given the term in section 20150.
``(4) ISS management entity.--The term `ISS management
entity' has the meaning given the term in section 20150.''.
(b) Special Handling of Trade Secrets or Confidential
Information.--Section 20131(b)(2) of title 51, United States Code, is
amended to read as follows:
``(2) Information described.--
``(A) Activities under agreement.--Information
referred to in paragraph (1) is information that--
``(i) results from activities conducted
under an agreement entered into under
subsections (e) and (f) of section 20113; and
``(ii) would be a trade secret or
commercial or financial information that is
privileged or confidential within the meaning
of section 552(b)(4) of title 5 if the
information had been obtained from a non-
Federal party participating in such an
agreement.
``(B) Certain data.--Information referred to in
paragraph (1) includes data (as defined in section
20151) that--
``(i) was first produced by the
Administration in the performance of any
designated activity (as defined in section
20150); and
``(ii) would be a trade secret or
commercial or financial information that is
privileged or confidential within the meaning
of section 552(b)(4) of title 5 if the data had
been obtained from a non-Federal party.''.
(c) Conforming Amendment.--The table of sections for chapter 201 of
title 51, United States Code, as amended by section 213, is further
amended by inserting after the item relating to section 20150 the
following:
``20151. Data rights.''.
SEC. 215. PAYMENTS RECEIVED FOR COMMERCIAL SPACE-ENABLED PRODUCTION ON
THE ISS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Administrator should determine a threshold for NASA
to recover the costs of supporting the commercial development
of products or services aboard the ISS, through the negotiation
of agreements, similar to agreements made by other Federal
agencies that support private sector innovation; and
(2) the amount of such costs that to be recovered or
profits collected through such agreements should be applied by
the Administrator through a tiered process, taking into
consideration the relative maturity and profitability of the
applicable product or service.
(b) In General.--Subchapter III of chapter 201 of title 51, United
States Code, as amended by section 214, is further amended by adding at
the end the following:
``Sec. 20152. Payments received for commercial space-enable production
``(a) Annual Review.--
``(1) In general.--Not later than one year after the date
of the enactment of this section, and annually thereafter, the
Administrator shall review the profitability of any partnership
with a private entity under a contract in which the
Administrator--
``(A) permits the use of the ISS by such private
entities to produce a commercial product or service;
and
``(B) provides the total unreimbursed cost of a
contribution by the Federal Government for the use of
Federal facilities, equipment, materials, proprietary
information of the Federal Government, or services of a
Federal employee during working hours, including the
cost for the Administration to carry out its
responsibilities under paragraphs (1) and (4) of
section 504(d) of the National Aeronautics and Space
Administration Authorization Act of 2010 (42 U.S.C.
18354(d)).
``(2) Negotiation of reimbursements.--Subject to the review
described in paragraph (1), the Administrator shall seek to
enter into an agreement to negotiate reimbursements for
payments received, or portions of profits created, by any
mature, profitable private entity described in that paragraph,
as appropriate, through a tiered process that reflects the
profitability of the relevant product or service.
``(3) Use of funds.--Amounts received by the Administrator
in accordance with an agreement under paragraph (2) shall be
used by the Administrator in the following order of priority:
``(A) To defray the operating cost of the ISS.
``(B) To develop, implement, or operate future low-
Earth orbit platforms or capabilities.
``(C) To develop, implement, or operate future
human deep space platforms or capabilities.
``(D) Any other costs the Administrator considers
appropriate.
``(4) Report.--On completion of the first annual review
under paragraph (1), and annually thereafter, the Administrator
shall submit to the appropriate committees of Congress a report
that includes a description of the results of the annual
review, any agreement entered into under this section, and the
amounts recouped or obtained under any such agreement.
``(b) Licensing and Assignment of Inventions.--Notwithstanding
sections 3710a and 3710c of title 15 and any other provision of law,
after payment in accordance with subsection (A)(i) of such section
3710c(a)(1)(A)(i) to the inventors who have directly assigned to the
Federal Government their interests in an invention under a written
contract with the Administration or the ISS management entity for the
performance of a designated activity, the balance of any royalty or
other payment received by the Administrator or the ISS management
entity from licensing and assignment of such invention shall be paid by
the Administrator or the ISS management entity, as applicable, to the
Space Exploration Fund.
``(c) Space Exploration Fund.--
``(1) Establishment.--There is established in the Treasury
of the United States a fund, to be known as the `Space
Exploration Fund' (referred to in this subsection as the
`Fund'), to be administered by the Administrator.
``(2) Use of fund.--The Fund shall be available to carry
out activities described in subsection (a)(3).
``(3) Deposits.--There shall be deposited in the Fund--
``(A) amounts appropriated to the Fund;
``(B) fees and royalties collected by the
Administrator or the ISS management entity under
subsections (a) and (b); and
``(C) donations or contributions designated to
support authorized activities.
``(4) Rule of construction.--Amounts available to the
Administrator under this subsection shall be--
``(A) in addition to amounts otherwise made
available for the purpose described in paragraph (2);
and
``(B) available for a period of 5 years, to the
extent and in the amounts provided in annual
appropriation Acts.
``(d) Definitions.--
``(1) In general.--In this section, any term used in this
section that is also used in section 20150 shall have the
meaning given the term in that section.
``(2) Appropriate committees of congress.--The term
`appropriate committees of Congress' means--
``(A) the Committee on Commerce, Science, and
Transportation and the Committee on Appropriations of
the Senate; and
``(B) the Committee on Science, Space, and
Technology and the Committee on Appropriations of the
House of Representatives.''.
(c) Conforming Amendment.--The table of sections for chapter 201 of
title 51, United States Code, as amended by section and 214, is further
amended by inserting after the item relating to section 20151 the
following:
``20152. Payments received for commercial space-enabled production.''.
SEC. 216. STEPPING STONE APPROACH TO EXPLORATION.
(a) In General.--Section 70504 of title 51, United States Code, is
amended to read as follows:
``Sec. 70504. Stepping stone approach to exploration
``(a) In General.--The Administrator, in sustainable steps, may
conduct missions to intermediate destinations, such as the Moon, in
accordance with section 20302(b), and on a timetable determined by the
availability of funding, in order to achieve the objective of human
exploration of Mars specified in section 202(b)(5) of the National
Aeronautics and Space Administration Authorization Act of 2010 (42
U.S.C. 18312(b)(5)), if the Administrator--
``(1) determines that each such mission demonstrates or
advances a technology or operational concept that will enable
human missions to Mars; and
``(2) incorporates each such mission into the human
exploration roadmap under section 432 of the National
Aeronautics and Space Administration Transition Authorization
Act of 2017 (Public Law 115-10; 51 U.S.C. 20302 note).
``(b) Cislunar Space Exploration Activities.--In conducting a
mission under subsection (a), the Administrator shall--
``(1) use a combination of launches of the Space Launch
System and space transportation services from United States
commercial providers, as appropriate, for the mission;
``(2) plan for not fewer than 1 Space Launch System launch
annually beginning after the first successful crewed launch of
Orion on the Space Launch System; and
``(3) establish an outpost in orbit around the Moon that--
``(A) demonstrates technologies, systems, and
operational concepts directly applicable to the space
vehicle that will be used to transport humans to Mars;
``(B) has the capability for periodic human
habitation; and
``(C) can function as a point of departure, return,
or staging for Administration or nongovernmental or
international partner missions to multiple locations on
the lunar surface or other destinations.
``(c) Cost-effectiveness.--To maximize the cost-effectiveness of
the long-term space exploration and utilization activities of the
United States, the Administrator shall take all necessary steps,
including engaging nongovernmental and international partners, to
ensure that activities in the Administration's human space exploration
program are balanced in order to help meet the requirements of future
exploration and utilization activities leading to human habitation on
the surface of Mars.
``(d) Completion.--Within budgetary considerations, once an
exploration-related project enters its development phase, the
Administrator shall seek, to the maximum extent practicable, to
complete that project without undue delay.
``(e) International Participation.--To achieve the goal of
successfully conducting a crewed mission to the surface of Mars, the
Administrator shall invite the partners in the ISS program and other
nations, as appropriate, to participate in an international initiative
under the leadership of the United States.''.
(b) Definition of Cislunar Space.--Section 10101 of title 51,
United States Code, is amended by adding at the end the following:
``(3) Cislunar space.--The term `cislunar space' means the
region of space beyond low-Earth orbit out to and including the
region around the surface of the Moon.''.
(c) Technical and Conforming Amendments.--Section 3 of the National
Aeronautics and Space Administration Authorization Act of 2010 (42
U.S.C. 18302) is amended by striking paragraphs (2) and (3) and
inserting the following:
``(2) Appropriate committees of congress.--The term
`appropriate committees of Congress' means--
``(A) the Committee on Commerce, Science, and
Transportation of the Senate; and
``(B) the Committee on Science, Space, and
Technology of the House of Representatives.
``(3) Cislunar space.--The term `cislunar space' means the
region of space beyond low-Earth orbit out to and including the
region around the surface of the Moon.''.
SEC. 217. TECHNICAL AMENDMENTS RELATING TO ARTEMIS MISSIONS.
(a) Section 421 of the National Aeronautics and Space
Administration Authorization Act of 2017 (Public Law 115-10; 51 U.S.C.
20301 note) is amended--
(1) in subsection (c)(3)--
(A) by striking ``EM-1'' and inserting ``Artemis
I'';
(B) by striking ``EM-2'' and inserting ``Artemis
II''; and
(C) by striking ``EM-3'' and inserting ``Artemis
III''; and
(2) in subsection (f)(3), by striking ``EM-3'' and
inserting ``Artemis III''.
(b) Section 432(b) of the National Aeronautics and Space
Administration Authorization Act of 2017 (Public Law 115-10; 51 U.S.C.
20302 note) is amended--
(1) in paragraph (3)(D)--
(A) by striking ``EM-1'' and inserting ``Artemis
I''; and
(B) by striking ``EM-2'' and inserting ``Artemis
II''; and
(2) in paragraph (4)(C), by striking ``EM-3'' and inserting
``Artemis III''.
TITLE III--SCIENCE
SEC. 301. SCIENCE PRIORITIES.
(a) Sense of Congress on Science Portfolio.--Congress reaffirms the
sense of Congress that--
(1) a balanced and adequately funded set of activities,
consisting of research and analysis grant programs, technology
development, suborbital research activities, and small, medium,
and large space missions, contributes to a robust and
productive science program and serves as a catalyst for
innovation and discovery; and
(2) the Administrator should set science priorities by
following the guidance provided by the scientific community
through the decadal surveys of the National Academies of
Sciences, Engineering, and Medicine.
(b) National Academies Decadal Surveys.--Section 20305(c) of title
51, United States Code, is amended--
(1) by striking ``The Administrator shall'' and inserting
the following:
``(1) Reexamination of priorities by national academies.--
The Administrator shall''; and
(2) by adding at the end the following:
``(2) Reexamination of priorities by administrator.--If the
Administrator decides to reexamine the applicability of the
priorities of the decadal surveys to the missions and
activities of the Administration due to scientific discoveries
or external factors, the Administrator shall consult with the
relevant committees of the National Academies.''.
SEC. 302. LUNAR DISCOVERY PROGRAM.
(a) In General.--The Administrator may carry out a program to
conduct lunar science research, including missions to the surface of
the Moon, that materially contributes to the objective described in
section 20102(d)(1) of title 51, United States Code.
(b) Commercial Landers.--In carrying out the program under
subsection (a), the Administrator shall procure the services of
commercial landers developed primarily by United States industry to
land science payloads of all classes on the lunar surface.
(c) Lunar Science Research.--The Administrator shall ensure that
lunar science research carried out under subsection (a) is consistent
with recommendations made by the National Academies of Sciences,
Engineering, and Medicine.
(d) Lunar Polar Volatiles.--In carrying out the program under
subsection (a), the Administrator shall, at the earliest opportunity,
consider mission proposals to evaluate the potential of lunar polar
volatiles to contribute to sustainable lunar exploration.
SEC. 303. SEARCH FOR LIFE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the report entitled ``An Astrobiology Strategy for the
Search for Life in the Universe'' published by the National
Academies of Sciences, Engineering, and Medicine outlines the
key scientific questions and methods for fulfilling the
objective of NASA to search for the origin, evolution,
distribution, and future of life in the universe; and
(2) the interaction of lifeforms with their environment, a
central focus of astrobiology research, is a topic of broad
significance to life sciences research in space and on Earth.
(b) Program Continuation.--
(1) In general.--The Administrator shall continue to
implement a collaborative, multidisciplinary science and
technology development program to search for proof of the
existence or historical existence of life beyond Earth in
support of the objective described in section 20102(d)(10) of
title 51, United States Code.
(2) Element.--The program under paragraph (1) shall include
activities relating to astronomy, biology, geology, and
planetary science.
(3) Coordination with life sciences program.--In carrying
out the program under paragraph (1), the Administrator shall
coordinate efforts with the life sciences program of the
Administration.
(4) Technosignatures.--In carrying out the program under
paragraph (1), the Administrator shall support activities to
search for and analyze technosignatures.
(5) Instrumentation and sensor technology.--In carrying out
the program under paragraph (1), the Administrator may
strategically invest in the development of new instrumentation
and sensor technology.
SEC. 304. JAMES WEBB SPACE TELESCOPE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the James Webb Space Telescope will be the next premier
observatory in space and has great potential to further
scientific study and assist scientists in making new
discoveries in the field of astronomy;
(2) the James Webb Space Telescope was developed as an
ambitious project with a scope that was not fully defined at
inception and with risk that was not fully known or understood;
(3) despite the major technology development and innovation
that was needed to construct the James Webb Space Telescope,
major negative impacts to the cost and schedule of the James
Webb Space Telescope resulted from poor program management and
poor contractor performance;
(4) the Administrator should take into account the lessons
learned from the cost and schedule issues relating to the
development of the James Webb Space Telescope in making
decisions regarding the scope of and the technologies needed
for future scientific missions; and
(5) in selecting future scientific missions, the
Administrator should take into account the impact that large
programs that overrun cost and schedule estimates may have on
other NASA programs in earlier phases of development.
(b) Project Continuation.--The Administrator shall continue--
(1) to closely track the cost and schedule performance of
the James Webb Space Telescope project; and
(2) to improve the reliability of cost estimates and
contractor performance data throughout the remaining
development of the James Webb Space Telescope.
(c) Revised Estimate.--Due to delays to the James Webb Space
Telescope project resulting from the COVID-19 pandemic, the
Administrator shall provide to Congress--
(1) an estimate of any increase to program development
costs, if such costs are anticipated to exceed $8,802,700,000;
and
(2) an estimate for a revised launch date.
SEC. 305. WIDE-FIELD INFRARED SURVEY TELESCOPE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) major growth in the cost of astrophysics flagship-class
missions has impacted the overall portfolio balance of the
Science Mission Directorate; and
(2) the Administrator should continue to develop the Wide-
Field Infrared Survey Telescope with a development cost of not
more than $3,200,000,000.
(b) Project Continuation.--The Administrator shall continue to
develop the Wide-Field Infrared Survey Telescope to meet the objectives
outlined in the 2010 decadal survey on astronomy and astrophysics of
the National Academies of Sciences, Engineering, and Medicine in a
manner that maximizes scientific productivity based on the resources
invested.
SEC. 306. STUDY ON SATELLITE SERVICING FOR SCIENCE MISSIONS.
(a) In General.--The Administrator shall conduct a study on the
feasibility of using in-space robotic refueling, repair, or
refurbishment capabilities to extend the useful life of telescopes and
other science missions that are operational or in development as of the
date of the enactment of this Act.
(b) Elements.--The study conducted under subsection (a) shall
include the following:
(1) An identification of the technologies and in-space
testing required to demonstrate the in-space robotic refueling,
repair, or refurbishment capabilities described in that
subsection.
(2) The projected cost of using such capabilities,
including the cost of extended operations for science missions
described in that subsection.
(c) Briefing.--Not later than 1 year after the date of the
enactment of this Act, the Administrator shall provide to the
appropriate committees of Congress a briefing on the results of the
study conducted under subsection (a).
(d) Public Availability.--Not later than 30 days after the
Administrator provides the briefing under subsection (c), the
Administrator shall make the study conducted under subsection (a)
available to the public.
SEC. 307. EARTH SCIENCE MISSIONS AND PROGRAMS.
(a) Sense of Congress.--It is the sense of Congress that the Earth
Science Division of NASA plays an important role in national efforts--
(1) to collect and use Earth observations in service to
society; and
(2) to understand global change.
(b) Earth Science Missions and Programs.--With respect to the
missions and programs of the Earth Science Division, the Administrator
shall, to the maximum extent practicable, follow the recommendations
and guidance provided by the scientific community through the decadal
survey for Earth science and applications from space of the National
Academies of Sciences, Engineering, and Medicine, including--
(1) the science priorities described in such survey;
(2) the execution of the series of existing or previously
planned observations (commonly known as the ``program of
record''); and
(3) the development of a range of missions of all classes,
including opportunities for principal investigator-led,
competitively selected missions.
SEC. 308. LIFE SCIENCE AND PHYSICAL SCIENCE RESEARCH.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the 2011 decadal survey on biological and physical
sciences in space identifies--
(A) many areas in which fundamental scientific
research is needed to efficiently advance the range of
human activities in space, from the first stages of
exploration to eventual economic development; and
(B) many areas of basic and applied scientific
research that could use the microgravity, radiation,
and other aspects of the spaceflight environment to
answer fundamental scientific questions;
(2) given the central role of life science and physical
science research in developing the future of space exploration,
NASA should continue to invest strategically in such research
to maintain United States leadership in space exploration; and
(3) such research remains important to the objectives of
NASA with respect to long-duration deep space human exploration
to the Moon and Mars.
(b) Program Continuation.--
(1) In general.--In support of the goals described in
section 20302 of title 51, United States Code, the
Administrator shall continue to implement a collaborative,
multidisciplinary life science and physical science fundamental
research program--
(A) to build a scientific foundation for the
exploration and development of space;
(B) to investigate the mechanisms of changes to
biological systems and physical systems, and the
environments of those systems in space, including the
effects of long-duration exposure to deep space-related
environmental factors on those systems;
(C) to understand the effects of combined deep
space radiation and altered gravity levels on
biological systems so as to inform the development and
testing of potential countermeasures;
(D) to understand physical phenomena in reduced
gravity that affect design and performance of enabling
technologies necessary for the space exploration
program;
(E) to provide scientific opportunities to educate,
train, and develop the next generation of researchers
and engineers; and
(F) to provide state-of-the-art data repositories
and curation of large multi-data sets to enable
comparative research analyses.
(2) Elements.--The program under paragraph (1) shall--
(A) include fundamental research relating to life
science, space bioscience, and physical science; and
(B) maximize intra-agency and interagency
partnerships to advance space exploration, scientific
knowledge, and benefits to Earth.
(3) Use of facilities.--In carrying out the program under
paragraph (1), the Administrator may use ground-based, air-
based, and space-based facilities in low-Earth orbit and beyond
low-Earth orbit.
SEC. 309. SCIENCE MISSIONS TO MARS.
(a) In General.--The Administrator shall conduct 1 or more science
missions to Mars to enable the selection of 1 or more sites for human
landing.
(b) Sample Program.--The Administrator may carry out a program--
(1) to collect samples from the surface of Mars; and
(2) to return such samples to Earth for scientific
analysis.
(c) Use of Existing Capabilities and Assets.--In carrying out this
section, the Administrator shall, to the maximum extent practicable,
use existing capabilities and assets of NASA centers.
SEC. 310. PLANETARY DEFENSE COORDINATION OFFICE.
(a) Findings.--Congress makes the following findings:
(1) Near-Earth objects remain a threat to the United
States.
(2) Section 321(d)(1) of the National Aeronautics and Space
Administration Authorization Act of 2005 (Public Law 109-155;
119 Stat. 2922; 51 U.S.C. 71101 note prec.) established a
requirement that the Administrator plan, develop, and implement
a Near-Earth Object Survey program to detect, track, catalogue,
and characterize the physical characteristics of near-Earth
objects equal to or greater than 140 meters in diameter in
order to assess the threat of such near-Earth objects to the
Earth, with the goal of 90-percent completion of the catalogue
of such near-Earth objects by December 30, 2020.
(3) The current planetary defense strategy of NASA
acknowledges that such goal will not be met.
(4) The report of the National Academies of Sciences,
Engineering, and Medicine entitled ``Finding Hazardous
Asteroids Using Infrared and Visible Wavelength Telescopes''
issued in 2019 states that--
(A) NASA cannot accomplish such goal with currently
available assets;
(B) NASA should develop and launch a dedicated
space-based infrared survey telescope to meet the
requirements of section 321(d)(1) of the National
Aeronautics and Space Administration Authorization Act
of 2005 (Public Law 109-155; 119 Stat. 2922; 51 U.S.C.
71101 note prec.); and
(C) the early detection of potentially hazardous
near-Earth objects enabled by a space-based infrared
survey telescope is important to enable deflection of a
dangerous asteroid.
(b) Establishment of Planetary Defense Coordination Office.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Administrator shall establish an
office within the Planetary Science Division of the Science
Mission Directorate, to be known as the ``Planetary Defense
Coordination Office'', to plan, develop, and implement a
program to survey threats posed by near-Earth objects equal to
or greater than 140 meters in diameter, as required by section
321(d)(1) of the National Aeronautics and Space Administration
Authorization Act of 2005 (Public Law 109-155; 119 Stat. 2922;
51 U.S.C. 71101 note prec.).
(2) Activities.--The Administrator shall--
(A) develop and, not later than September 30, 2025,
launch a space-based infrared survey telescope that is
capable of detecting near-Earth objects equal to or
greater than 140 meters in diameter, with preference
given to planetary missions selected by the
Administrator as of the date of the enactment of this
Act to pursue concept design studies relating to the
development of a space-based infrared survey telescope;
(B) identify, track, and characterize potentially
hazardous near-Earth objects and issue warnings of the
effects of potential impacts of such objects; and
(C) assist in coordinating Government planning for
response to a potential impact of a near-Earth object.
(c) Annual Report.--Section 321(f) of the National Aeronautics and
Space Administration Authorization Act of 2005 (Public Law 109-155; 119
Stat. 2922; 51 U.S.C. 71101 note prec.) is amended to read as follows:
``(f) Annual Report.--Not later than 180 days after the date of the
enactment of the National Aeronautics and Space Administration
Authorization Act of 2020, and annually thereafter through 90-percent
completion of the catalogue required by subsection (d)(1), the
Administrator shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Science, Space, and
Technology of the House of Representatives a report that includes the
following:
``(1) A summary of all activities carried out by the
Planetary Defense Coordination Office established under section
310(b)(1) of the National Aeronautics and Space Administration
Authorization Act of 2020 since the date of enactment of that
Act.
``(2) A description of the progress with respect to the
design, development, and launch of the space-based infrared
survey telescope required by section 310(b)(2)(A) of the
National Aeronautics and Space Administration Authorization Act
of 2020.
``(3) An assessment of the progress toward meeting the
requirements of subsection (d)(1).
``(4) A description of the status of efforts to coordinate
planetary defense activities in response to a threat posed by a
near-Earth object with other Federal agencies since the date of
enactment of the National Aeronautics and Space Administration
Authorization Act of 2020.
``(5) A description of the status of efforts to coordinate
and cooperate with other countries to discover hazardous
asteroids and comets, plan a mitigation strategy, and implement
that strategy in the event of the discovery of an object on a
likely collision course with Earth.
``(6) A summary of expenditures for all activities carried
out by the Planetary Defense Coordination Office since the date
of enactment of the National Aeronautics and Space
Administration Authorization Act of 2020.''.
(d) Limitation on Use of Funds.--None of the amounts authorized to
be appropriated by this Act for a fiscal year may be obligated or
expended for the Office of the Administrator during the last 3 months
of that fiscal year unless the Administrator submits the report for
that fiscal year required by section 321(f) of the National Aeronautics
and Space Administration Authorization Act of 2005 (Public Law 109-155;
119 Stat. 2922; 51 U.S.C. 71101 note prec.).
(e) Near-Earth Object Defined.--In this section, the term ``near-
Earth object'' means an asteroid or comet with a perihelion distance of
less than 1.3 Astronomical Units from the Sun.
SEC. 311. SUBORBITAL SCIENCE FLIGHTS.
(a) Sense of Congress.--It is the sense of Congress that
commercially available suborbital flight platforms enable low-cost
access to a microgravity environment to advance science and train
scientists and engineers under the Suborbital Research Program
established under section 802(c) of the National Aeronautics and Space
Administration Authorization Act of 2010 (42 U.S.C. 18382(c)).
(b) Report.--
(1) In general.--Not later than 270 days after the date of
the enactment of this Act, the Administrator shall submit to
the appropriate committees of Congress a report evaluating the
manner in which suborbital flight platforms can contribute to
meeting the science objectives of NASA for the Science Mission
Directorate and the Human Exploration and Operations Mission
Directorate.
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A) An assessment of the advantages of suborbital
flight platforms to meet science objectives.
(B) An evaluation of the challenges to greater use
of commercial suborbital flight platforms for science
purposes.
(C) An analysis of whether commercial suborbital
flight platforms can provide low-cost flight
opportunities to test lunar and Mars science payloads.
SEC. 312. EARTH SCIENCE DATA AND OBSERVATIONS.
(a) In General.--The Administrator shall to the maximum extent
practicable, make available to the public in an easily accessible
electronic database all data (including metadata, documentation,
models, data processing methods, images, and research results) of the
missions and programs of the Earth Science Division of the
Administration, or any successor division.
(b) Open Data Program.--In carrying out subsection (a), the
Administrator shall establish and continue to operate an open data
program that--
(1) is consistent with the greatest degree of
interactivity, interoperability, and accessibility; and
(2) enables outside communities, including the research and
applications community, private industry, academia, and the
general public, to effectively collaborate in areas important
to--
(A) studying the Earth system and improving the
prediction of Earth system change; and
(B) improving model development, data assimilation
techniques, systems architecture integration, and
computational efficiencies; and
(3) meets basic end-user requirements for running on public
computers and networks located outside of secure Administration
information and technology systems.
(c) Hosting.--The program under subsection (b) shall use, as
appropriate and cost-effective, innovative strategies and methods for
hosting and management of part or all of the program, including cloud-
based computing capabilities.
(d) Rule of Construction.--Nothing in this section shall be
interpreted to require the Administrator to release classified,
proprietary, or otherwise restricted information that would be harmful
to the national security of the United States.
SEC. 313. SENSE OF CONGRESS ON SMALL SATELLITE SCIENCE.
It is the sense of Congress that--
(1) small satellites--
(A) are increasingly robust, effective, and
affordable platforms for carrying out space science
missions;
(B) can work in tandem with or augment larger NASA
spacecraft to support high-priority science missions of
NASA; and
(C) are cost effective solutions that may allow
NASA to continue collecting legacy observations while
developing next-generation science missions; and
(2) NASA should continue to support small satellite
research, development, technologies, and programs, including
technologies for compact and lightweight instrumentation for
small satellites.
SEC. 314. SENSE OF CONGRESS ON COMMERCIAL SPACE SERVICES.
It is the sense of Congress that--
(1) the Administration should explore partnerships with the
commercial space industry for space science missions in and
beyond Earth orbit, including partnerships relating to payload
and instrument hosting and commercially available datasets; and
(2) such partnerships could result in increased mission
cadence, technology advancement, and cost savings for the
Administration.
SEC. 315. PROCEDURES FOR IDENTIFYING AND ADDRESSING ALLEGED VIOLATIONS
OF SCIENTIFIC INTEGRITY POLICY.
Not later than 180 days after the date of the enactment of this
Act, the Administrator shall develop and document procedures for
identifying and addressing alleged violations of the scientific
integrity policy of NASA.
TITLE IV--AERONAUTICS
SEC. 401. SHORT TITLE.
This title may be cited as the ``Aeronautics Innovation Act''.
SEC. 402. DEFINITIONS.
In this title:
(1) Aeronautics strategic implementation plan.--The term
``Aeronautics Strategic Implementation Plan'' means the
Aeronautics Strategic Implementation Plan issued by the
Aeronautics Research Mission Directorate.
(2) Unmanned aircraft; unmanned aircraft system.--The terms
``unmanned aircraft'' and ``unmanned aircraft system'' have the
meanings given those terms in section 44801 of title 49, United
States Code.
(3) X-plane.--The term ``X-plane'' means an experimental
aircraft that is--
(A) used to test and evaluate a new technology or
aerodynamic concept; and
(B) operated by NASA or the Department of Defense.
SEC. 403. EXPERIMENTAL AIRCRAFT PROJECTS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) developing high-risk, precompetitive aerospace
technologies for which there is not yet a profit rationale is a
fundamental role of NASA;
(2) large-scale piloted flight test experimentation and
validation are necessary for--
(A) transitioning new technologies and materials,
including associated manufacturing processes, for
general aviation, commercial aviation, and military
aeronautics use; and
(B) capturing the full extent of benefits from
investments made by the Aeronautics Research Mission
Directorate in priority programs called for in--
(i) the National Aeronautics Research and
Development Plan issued by the National Science
and Technology Council in February 2010;
(ii) the NASA 2014 Strategic Plan;
(iii) the Aeronautics Strategic
Implementation Plan; and
(iv) any updates to the programs called for
in the plans described in clauses (i) through
(iii);
(3) a level of funding that adequately supports large-scale
piloted flight test experimentation and validation, including
related infrastructure, should be ensured over a sustained
period of time to restore the capacity of NASA--
(A) to see legacy priority programs through to
completion; and
(B) to achieve national economic and security
objectives; and
(4) NASA should not be directly involved in the Type
Certification of aircraft for current and future scheduled
commercial air service under part 121 or 135 of title 14, Code
of Federal Regulations, that would result in reductions in crew
augmentation or single pilot or autonomously operated aircraft.
(b) Statement of Policy.--It is the policy of the United States--
(1) to maintain world leadership in--
(A) military and civilian aeronautical science and
technology;
(B) global air power projection; and
(C) aerospace industrialization; and
(2) to maintain as a fundamental objective of NASA
aeronautics research the steady progression and expansion of
flight research and capabilities, including the science and
technology of critical underlying disciplines and competencies,
such as--
(A) computational-based analytical and predictive
tools and methodologies;
(B) aerothermodynamics;
(C) propulsion;
(D) advanced materials and manufacturing processes;
(E) high-temperature structures and materials; and
(F) guidance, navigation, and flight controls.
(c) Establishment and Continuation of X-plane Projects.--
(1) In general.--The Administrator shall establish or
continue to implement, in a manner that is consistent with the
roadmap for supersonic aeronautics research and development
required by section 604(b) of the National Aeronautics and
Space Administration Transition Authorization Act of 2017
(Public Law 115-10; 131 Stat. 55), the following projects:
(A) A low-boom supersonic aircraft project to
demonstrate supersonic aircraft designs and
technologies that--
(i) reduce sonic boom noise; and
(ii) assist the Administrator of the
Federal Aviation Administration in enabling--
(I) the safe commercial deployment
of civil supersonic aircraft
technology; and
(II) the safe and efficient
operation of civil supersonic aircraft.
(B) A subsonic flight demonstrator aircraft project
to advance high-aspect-ratio, thin-wing aircraft
designs and to integrate propulsion, composites, and
other technologies that enable significant increases in
energy efficiency and reduced life-cycle emissions in
the aviation system while reducing noise and emissions.
(C) A series of large-scale X-plane demonstrators
that are--
(i) developed sequentially or in parallel;
and
(ii) each based on a set of new
configuration concepts or technologies
determined by the Administrator to
demonstrate--
(I) aircraft and propulsion
concepts and technologies and related
advances in alternative propulsion and
energy; and
(II) flight propulsion concepts and
technologies.
(2) Elements.--For each project under paragraph (1), the
Administrator shall--
(A) include the development of X-planes and all
necessary supporting flight test assets;
(B) pursue a robust technology maturation and
flight test validation effort;
(C) improve necessary facilities, flight testing
capabilities, and computational tools to support the
project;
(D) award any primary contracts for design,
procurement, and manufacturing to United States
persons, consistent with international obligations and
commitments;
(E) coordinate research and flight test
demonstration activities with other Federal agencies
and the United States aviation community, as the
Administrator considers appropriate; and
(F) ensure that the project is aligned with the
Aeronautics Strategic Implementation Plan and any
updates to the Aeronautics Strategic Implementation
Plan.
(3) United states person defined.--In this subsection, the
term ``United States person'' means--
(A) a United States citizen or an alien lawfully
admitted for permanent residence to the United States;
or
(B) an entity organized under the laws of the
United States or of any jurisdiction within the United
States, including a foreign branch of such an entity.
(d) Advanced Materials and Manufacturing Technology Program.--
(1) In general.--The Administrator may establish an
advanced materials and manufacturing technology program--
(A) to develop--
(i) new materials, including composite and
high-temperature materials, from base material
formulation through full-scale structural
validation and manufacture;
(ii) advanced materials and manufacturing
processes, including additive manufacturing, to
reduce the cost of manufacturing scale-up and
certification for use in general aviation,
commercial aviation, and military aeronautics;
and
(iii) noninvasive or nondestructive
techniques for testing or evaluating aviation
and aeronautics structures, including for
materials and manufacturing processes;
(B) to reduce the time it takes to design,
industrialize, and certify advanced materials and
manufacturing processes;
(C) to provide education and training opportunities
for the aerospace workforce; and
(D) to address global cost and human capital
competitiveness for United States aeronautical
industries and technological leadership in advanced
materials and manufacturing technology.
(2) Elements.--In carrying out a program under paragraph
(1), the Administrator shall--
(A) build on work that was carried out by the
Advanced Composites Project of NASA;
(B) partner with the private and academic sectors,
such as members of the Advanced Composites Consortium
of NASA, the Joint Advanced Materials and Structures
Center of Excellence of the Federal Aviation
Administration, the Manufacturing USA institutes of the
Department of Commerce, and national laboratories, as
the Administrator considers appropriate;
(C) provide a structure for managing intellectual
property generated by the program based on or
consistent with the structure established for the
Advanced Composites Consortium of NASA;
(D) ensure adequate Federal cost share for
applicable research; and
(E) coordinate with advanced manufacturing and
composites initiatives in other mission directorates of
NASA, as the Administrator considers appropriate.
(e) Research Partnerships.--In carrying out the projects under
subsection (c) and a program under subsection (d), the Administrator
may engage in cooperative research programs with--
(1) academia; and
(2) commercial aviation and aerospace manufacturers.
SEC. 404. UNMANNED AIRCRAFT SYSTEMS.
(a) Unmanned Aircraft Systems Operation Program.--The Administrator
shall--
(1) research and test capabilities and concepts, including
unmanned aircraft systems communications, for integrating
unmanned aircraft systems into the national airspace system;
(2) leverage the partnership NASA has with industry focused
on the advancement of technologies for future air traffic
management systems for unmanned aircraft systems; and
(3) continue to align the research and testing portfolio of
NASA to inform the integration of unmanned aircraft systems
into the national airspace system, consistent with public
safety and national security objectives.
(b) Sense of Congress on Coordination With Federal Aviation
Administration.--It is the sense of Congress that--
(1) NASA should continue--
(A) to coordinate with the Federal Aviation
Administration on research on air traffic management
systems for unmanned aircraft systems; and
(B) to assist the Federal Aviation Administration
in the integration of air traffic management systems
for unmanned aircraft systems into the national
airspace system; and
(2) the test ranges (as defined in section 44801 of title
49, United States Code) should continue to be leveraged for
research on--
(A) air traffic management systems for unmanned
aircraft systems; and
(B) the integration of such systems into the
national airspace system.
SEC. 405. 21ST CENTURY AERONAUTICS CAPABILITIES INITIATIVE.
(a) In General.--The Administrator may establish an initiative, to
be known as the ``21st Century Aeronautics Capabilities Initiative'',
within the Construction and Environmental Compliance and Restoration
Account, to ensure that NASA possesses the infrastructure and
capabilities necessary to conduct proposed flight demonstration
projects across the range of NASA aeronautics interests.
(b) Activities.--In carrying out the 21st Century Aeronautics
Capabilities Initiative, the Administrator may carry out the following
activities:
(1) Any investments the Administrator considers necessary
to upgrade and create facilities for civil and national
security aeronautics research to support advancements in--
(A) long-term foundational science and technology;
(B) advanced aircraft systems;
(C) air traffic management systems;
(D) fuel efficiency;
(E) electric propulsion technologies;
(F) system-wide safety assurance;
(G) autonomous aviation; and
(H) supersonic and hypersonic aircraft design and
development.
(2) Any measures the Administrator considers necessary to
support flight testing activities, including--
(A) continuous refinement and development of free-
flight test techniques and methodologies;
(B) upgrades and improvements to real-time tracking
and data acquisition; and
(C) such other measures relating to aeronautics
research support and modernization as the Administrator
considers appropriate to carry out the scientific study
of the problems of flight, with a view to practical
solutions for such problems.
SEC. 406. SENSE OF CONGRESS ON ON-DEMAND AIR TRANSPORTATION.
It is the sense of Congress that--
(1) greater use of high-speed air transportation, small
airports, helipads, vertical flight infrastructure, and other
aviation-related infrastructure can alleviate surface
transportation congestion and support economic growth within
cities;
(2) with respect to urban air mobility and related
concepts, NASA should continue--
(A) to conduct research focused on concepts,
technologies, and design tools; and
(B) to support the evaluation of advanced
technologies and operational concepts that can be
leveraged by--
(i) industry to develop future vehicles and
systems; and
(ii) the Federal Aviation Administration to
support vehicle safety and operational
certification; and
(3) NASA should leverage ongoing efforts to develop
advanced technologies to actively support the research needed
for on-demand air transportation.
SEC. 407. SENSE OF CONGRESS ON HYPERSONIC TECHNOLOGY RESEARCH.
It is the sense of Congress that--
(1) hypersonic technology is critical to the development of
advanced high-speed aerospace vehicles for both civilian and
national security purposes;
(2) for hypersonic vehicles to be realized, research is
needed to overcome technical challenges, including in
propulsion, advanced materials, and flight performance in a
severe environment;
(3) NASA plays a critical role in supporting fundamental
hypersonic research focused on system design, analysis and
validation, and propulsion technologies;
(4) NASA research efforts in hypersonic technology should
complement research supported by the Department of Defense to
the maximum extent practicable, since contributions from both
agencies working in partnership with universities and industry
are necessary to overcome key technical challenges;
(5) previous coordinated research programs between NASA and
the Department of Defense enabled important progress on
hypersonic technology;
(6) the commercial sector could provide flight platforms
and other capabilities that are able to host and support NASA
hypersonic technology research projects; and
(7) in carrying out hypersonic technology research
projects, the Administrator should--
(A) focus research and development efforts on high-
speed propulsion systems, reusable vehicle
technologies, high-temperature materials, and systems
analysis;
(B) coordinate with the Department of Defense to
prevent duplication of efforts and of investments;
(C) include partnerships with universities and
industry to accomplish research goals; and
(D) maximize public-private use of commercially
available platforms for hosting research and
development flight projects.
TITLE V--SPACE TECHNOLOGY
SEC. 501. SPACE TECHNOLOGY MISSION DIRECTORATE.
(a) Sense of Congress.--It is the sense of Congress that an
independent Space Technology Mission Directorate is critical to
ensuring continued investments in the development of technologies for
missions across the portfolio of NASA, including science, aeronautics,
and human exploration.
(b) Space Technology Mission Directorate.--The Administrator shall
maintain a Space Technology Mission Directorate consistent with section
702 of the National Aeronautics and Space Administration Transition
Authorization Act of 2017 (51 U.S.C. 20301 note).
SEC. 502. FLIGHT OPPORTUNITIES PROGRAM.
(a) Sense of Congress.--It is the sense of Congress that the
Administrator should provide flight opportunities for payloads to
microgravity environments and suborbital altitudes as required by
section 907(c) of the National Aeronautics and Space Administration
Authorization Act of 2010 (42 U.S.C. 18405(c)), as amended by
subsection (b).
(b) Establishment.--Section 907(c) of the National Aeronautics and
Space Administration Authorization Act of 2010 (42 U.S.C. 18405(c)) is
amended to read as follows:
``(c) Establishment.--
``(1) In general.--The Administrator shall establish a
Commercial Reusable Suborbital Research Program within the
Space Technology Mission Directorate to fund--
``(A) the development of payloads for scientific
research, technology development, and education;
``(B) flight opportunities for those payloads to
microgravity environments and suborbital altitudes; and
``(C) transition of those payloads to orbital
opportunities.
``(2) Commercial reusable vehicle flights.--In carrying out
the Commercial Reusable Suborbital Research Program, the
Administrator may fund engineering and integration
demonstrations, proofs of concept, and educational experiments
for flights of commercial reusable vehicles.
``(3) Commercial suborbital launch vehicles.--In carrying
out the Commercial Reusable Suborbital Research Program, the
Administrator may not fund the development of new commercial
suborbital launch vehicles.
``(4) Working with mission directorates.--In carrying out
the Commercial Reusable Suborbital Research Program, the
Administrator shall work with the mission directorates of NASA
to achieve the research, technology, and education goals of
NASA.''.
(c) Conforming Amendment.--Section 907(b) of the National
Aeronautics and Space Administration Authorization Act of 2010 (42
U.S.C. 18405(b)) is amended, in the first sentence, by striking
``Commercial Reusable Suborbital Research Program in'' and inserting
``Commercial Reusable Suborbital Research Program established under
subsection (c)(1) within''.
SEC. 503. SMALL SPACECRAFT TECHNOLOGY PROGRAM.
(a) Sense of Congress.--It is the sense of Congress that the Small
Spacecraft Technology Program is important for conducting science and
technology validation for--
(1) short- and long-duration missions in low-Earth orbit;
(2) deep space missions; and
(3) deorbiting capabilities designed specifically for
smaller spacecraft.
(b) Accommodation of Certain Payloads.--In carrying out the Small
Spacecraft Technology Program, the Administrator shall, as the mission
risk posture and technology development objectives allow, accommodate
science payloads that further the goal of long-term human exploration
to the Moon and Mars.
SEC. 504. NUCLEAR PROPULSION TECHNOLOGY.
(a) Sense of Congress.--It is the sense of Congress that nuclear
propulsion is critical to the development of advanced spacecraft for
civilian and national defense purposes.
(b) Development; Studies.--The Administrator shall, in coordination
with the Secretary of Energy and the Secretary of Defense--
(1) continue to develop the fuel element design for NASA
nuclear propulsion technology;
(2) undertake the systems feasibility studies for such
technology; and
(3) partner with members of commercial industry to conduct
studies on such technology.
(c) Nuclear Propulsion Technology Demonstration.--
(1) Determination; report.--Not later than December 31,
2021, the Administrator shall--
(A) determine the correct approach for conducting a
flight demonstration of nuclear propulsion technology;
and
(B) submit to Congress a report on a plan for such
a demonstration.
(2) Demonstration.--Not later than December 31, 2026, the
Administrator shall conduct the flight demonstration described
in paragraph (1).
SEC. 505. MARS-FORWARD TECHNOLOGIES.
(a) Sense of Congress.--It is the sense of Congress that the
Administrator should pursue multiple technical paths for entry,
descent, and landing for Mars, including competitively selected
technology demonstration missions.
(b) Prioritization of Long-lead Technologies and Systems.--The
Administrator shall prioritize, within the Space Technology Mission
Directorate, research, testing, and development of long-lead
technologies and systems for Mars, including technologies and systems
relating to--
(1) entry, descent, and landing; and
(2) in-space propulsion, including nuclear propulsion,
cryogenic fluid management, in-situ large-scale additive
manufacturing, and electric propulsion (including solar
electric propulsion leveraging lessons learned from the power
and propulsion element of the lunar outpost) options.
(c) Technology Demonstration.--The Administrator may use low-Earth
orbit and cis-lunar missions, including missions to the lunar surface,
to demonstrate technologies for Mars.
SEC. 506. PRIORITIZATION OF LOW-ENRICHED URANIUM TECHNOLOGY.
(a) Sense of Congress.--It is the sense of Congress that--
(1) space technology, including nuclear propulsion
technology and space surface power reactors, should be
developed in a manner consistent with broader United States
foreign policy, national defense, and space exploration and
commercialization priorities;
(2) highly enriched uranium presents security and nuclear
nonproliferation concerns;
(3) since 1977, based on the concerns associated with
highly enriched uranium, the United States has promoted the use
of low-enriched uranium over highly enriched uranium in
nonmilitary contexts, including research and commercial
applications;
(4) as part of United States efforts to limit international
use of highly enriched uranium, the United States has actively
pursued--
(A) since 1978, the conversion of domestic and
foreign research reactors that use highly enriched
uranium fuel to low-enriched uranium fuel and the
avoidance of any new research reactors that use highly
enriched uranium fuel; and
(B) since 1994, the elimination of international
commerce in highly enriched uranium for civilian
purposes; and
(5) the use of low-enriched uranium in place of highly
enriched uranium has security, nonproliferation, and economic
benefits, including for the national space program.
(b) Prioritization of Low-enriched Uranium Technology.--The
Administrator shall--
(1) establish, within the Space Technology Mission
Directorate, a program for the research, testing, and
development of in-space reactor designs, including a surface
power reactor, that uses low-enriched uranium fuel; and
(2) prioritize the research, demonstration, and deployment
of such designs over designs using highly enriched uranium
fuel.
(c) Report on Nuclear Technology Prioritization.--Not later than
120 days after the date of the enactment of this Act, the Administrator
shall submit to the appropriate committees of Congress a report that--
(1) details the actions taken to implement subsection (b);
and
(2) identifies a plan and timeline under which such
subsection will be implemented.
(d) Definitions.--In this section:
(1) Highly enriched uranium.--The term ``highly enriched
uranium'' means uranium having an assay of 20 percent or
greater of the uranium-235 isotope.
(2) Low-enriched uranium.--The term ``low-enriched
uranium'' means uranium having an assay greater than the assay
for natural uranium but less than 20 percent of the uranium-235
isotope.
SEC. 507. SENSE OF CONGRESS ON NEXT-GENERATION COMMUNICATIONS
TECHNOLOGY.
It is the sense of Congress that--
(1) optical communications technologies--
(A) will be critical to the development of next-
generation space-based communications networks;
(B) have the potential to allow NASA to expand the
volume of data transmissions in low-Earth orbit and
deep space; and
(C) may provide more secure and cost-effective
solutions than current radio frequency communications
systems;
(2) quantum encryption technology has promising
implications for the security of the satellite and terrestrial
communications networks of the United States, including optical
communications networks, and further research and development
by NASA with respect to quantum encryption is essential to
maintaining the security of the United States and United States
leadership in space; and
(3) in order to provide NASA with more secure and reliable
space-based communications, the Space Communications and
Navigation program office of NASA should continue--
(A) to support research on and development of
optical communications; and
(B) to develop quantum encryption capabilities,
especially as those capabilities apply to optical
communications networks.
SEC. 508. LUNAR SURFACE TECHNOLOGIES.
(a) Sense of Congress.--It is the sense of Congress that the
Administrator should--
(1) identify and develop the technologies needed to live on
and explore the lunar surface and prepare for future operations
on Mars;
(2) convene teams of experts from academia, industry, and
government to shape the technology development priorities of
the Administration for lunar surface exploration and
habitation; and
(3) establish partnerships with researchers, universities,
and the private sector to rapidly develop and deploy
technologies required for successful lunar surface exploration.
(b) Development and Demonstration.--The Administrator shall carry
out a program, within the Space Technology Mission Directorate, to
conduct technology development and demonstrations to enable human and
robotic exploration on the lunar surface.
(c) Research Consortium.--The Administrator shall establish a
consortium consisting of experts from academia, industry, and
government--
(1) to assist the Administrator in developing a cohesive,
executable strategy for the development and deployment of
technologies required for successful lunar surface exploration;
and
(2) to identify specific technologies relating to lunar
surface exploration that--
(A) should be developed to facilitate such
exploration; or
(B) require future research and development.
(d) Research Awards.--
(1) In general.--The Administrator may task any member of
the research consortium established under subsection (c) with
conducting research and development with respect to a
technology identified under paragraph (2) of that subsection.
(2) Standard process for arrangements.--
(A) In general.--The Administrator shall develop a
standard process by which a consortium member tasked
with research and development under paragraph (1) may
enter into a formal arrangement with the Administrator
to carry out such research and development, such as an
arrangement under section 702 or 703.
(B) Report.--Not later than 120 days after the date
of the enactment of this Act, the Administrator shall
submit to the appropriate committees of Congress a
report on the one or more types of arrangement the
Administrator intends to enter into under this
subsection.
TITLE VI--STEM ENGAGEMENT
SEC. 601. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) NASA serves as a source of inspiration to the people of
the United States; and
(2) NASA is uniquely positioned to help increase student
interest in science, technology, engineering, and math;
(3) engaging students, and providing hands-on experience at
an early age, in science, technology, engineering, and math are
important aspects of ensuring and promoting United States
leadership in innovation; and
(4) NASA should strive to leverage its unique position--
(A) to increase kindergarten through grade 12
involvement in NASA projects;
(B) to enhance higher education in STEM fields in
the United States;
(C) to support individuals who are underrepresented
in science, technology, engineering, and math fields,
such as women, minorities, and individuals in rural
areas; and
(D) to provide flight opportunities for student
experiments and investigations.
SEC. 602. STEM EDUCATION ENGAGEMENT ACTIVITIES.
(a) In General.--The Administrator shall continue to provide
opportunities for formal and informal STEM education engagement
activities within the Office of NASA STEM Engagement and other NASA
directorates, including--
(1) the Established Program to Stimulate Competitive
Research;
(2) the Minority University Research and Education Project;
and
(3) the National Space Grant College and Fellowship
Program.
(b) Leveraging NASA National Programs to Promote STEM Education.--
The Administrator, in partnership with museums, nonprofit
organizations, and commercial entities, shall, to the maximum extent
practicable, leverage human spaceflight missions, Deep Space
Exploration Systems (including the Space Launch System, Orion, and
Exploration Ground Systems), and NASA science programs to engage
students at the kindergarten through grade 12 and higher education
levels to pursue learning and career opportunities in STEM fields.
(c) Briefing.--Not later than 1 year after the date of the
enactment of this Act, the Administrator shall brief the appropriate
committees of Congress on--
(1) the status of the programs described in subsection (a);
and
(2) the manner by which each NASA STEM education engagement
activity is organized and funded.
(d) STEM Education Defined.--In this section, the term ``STEM
education'' has the meaning given the term in section 2 of the STEM
Education Act of 2015 (Public Law 114-59; 42 U.S.C. 6621 note).
SEC. 603. SKILLED TECHNICAL EDUCATION OUTREACH PROGRAM.
(a) Establishment.--The Administrator shall establish a program to
conduct outreach to secondary school students--
(1) to expose students to careers that require career and
technical education; and
(2) to encourage students to pursue careers that require
career and technical education.
(b) Outreach Plan.--Not later than 180 days after the date of the
enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report on the outreach program
under subsection (a) that includes--
(1) an implementation plan;
(2) a description of the resources needed to carry out the
program; and
(3) any recommendations on expanding outreach to secondary
school students interested in skilled technical occupations.
(c) Systems Observation.--
(1) In general.--The Administrator shall develop a program
and associated policies to allow students from accredited
educational institutions to view the manufacturing, assembly,
and testing of NASA-funded space and aeronautical systems, as
the Administrator considers appropriate.
(2) Considerations.--In developing the program and policies
under paragraph (1), the Administrator shall take into
consideration factors such as workplace safety, mission needs,
and the protection of sensitive and proprietary technologies.
SEC. 604. NATIONAL SPACE GRANT COLLEGE AND FELLOWSHIP PROGRAM.
(a) Purposes.--Section 40301 of title 51, United States Code, is
amended--
(1) in paragraph (3)--
(A) in subparagraph (B), by striking ``and'' at the
end;
(B) in subparagraph (C), by adding ``and'' after
the semicolon at the end; and
(C) by adding at the end the following:
``(D) promote equally the State and regional STEM
interests of each space grant consortium;''; and
(2) in paragraph (4), by striking ``made up of university
and industry members, in order to advance'' and inserting
``comprised of members of universities in each State and other
entities, such as 2-year colleges, industries, science learning
centers, museums, and government entities, to advance''.
(b) Definitions.--Section 40302 of title 51, United States Code, is
amended--
(1) by striking paragraph (3);
(2) by inserting after paragraph (2) the following:
``(3) Lead institution.--The term `lead institution' means
an entity in a State that--
``(A) was designated by the Administrator under
section 40306, as in effect on the day before the date
of the enactment of the National Aeronautics and Space
Administration Authorization Act of 2020; or
``(B) is designated by the Administrator under
section 40303(d)(3).'';
(3) in paragraph (4), by striking ``space grant college,
space grant regional consortium, institution of higher
education,'' and inserting ``lead institution, space grant
consortium,'';
(4) by striking paragraphs (6), (7), and (8);
(5) by inserting after paragraph (5) the following:
``(6) Space grant consortium.--The term `space grant
consortium' means a State-wide group, led by a lead
institution, that has established partnerships with other
academic institutions, industries, science learning centers,
museums, and government entities to promote a strong
educational base in the space and aeronautical sciences.'';
(6) by redesignating paragraph (9) as paragraph (7);
(7) in paragraph (7)(B), as so redesignated, by inserting
``and aeronautics'' after ``space'';
(8) by striking paragraph (10); and
(9) by adding at the end the following:
``(8) STEM.--The term `STEM' means science, technology,
engineering, and mathematics.''.
(c) Program Objective.--Section 40303 of title 51, United States
Code, is amended--
(1) by striking subsections (d) and (e);
(2) by redesignating subsection (c) as subsection (e); and
(3) by striking subsection (b) and inserting the following:
``(b) Program Objective.--
``(1) In general.--The Administrator shall carry out the
national space grant college and fellowship program with the
objective of providing hands-on research, training, and
education programs with measurable outcomes in each State,
including programs to provide--
``(A) internships, fellowships, and scholarships;
``(B) interdisciplinary hands-on mission programs
and design projects;
``(C) student internships with industry or
university researchers or at centers of the
Administration;
``(D) faculty and curriculum development
initiatives;
``(E) university-based research initiatives
relating to the Administration and the STEM workforce
needs of each State; or
``(F) STEM engagement programs for kindergarten
through grade 12 teachers and students.
``(2) Program priorities.--In carrying out the objective
described in paragraph (1), the Administrator shall ensure that
each program carried out by a space grant consortium under the
national space grant college and fellowship program balances
the following priorities:
``(A) The space and aeronautics research needs of
the Administration, including the mission directorates.
``(B) The need to develop a national STEM
workforce.
``(C) The STEM workforce needs of the State.
``(c) Program Administered Through Space Grant Consortia.--The
Administrator shall carry out the national space grant college and
fellowship program through the space grant consortia.
``(d) Suspension; Termination; New Competition.--
``(1) Suspension.--The Administrator may, for cause and
after an opportunity for hearing, suspend a lead institution
that was designated by the Administrator under section 40306,
as in effect on the day before the date of the enactment of the
National Aeronautics and Space Administration Authorization Act
of 2020.
``(2) Termination.--If the issue resulting in a suspension
under paragraph (1) is not resolved within a period determined
by the Administrator, the Administrator may terminate the
designation of the entity as a lead institution.
``(3) New competition.--If the Administrator terminates the
designation of an entity as a lead institution, the
Administrator may initiate a new competition in the applicable
State for the designation of a lead institution.''.
(d) Grants.--Section 40304 of title 51, United States Code, is
amended to read as follows:
``Sec. 40304. Grants
``(a) Eligible Space Grant Consortium Defined.--In this section,
the term `eligible space grant consortium' means a space grant
consortium that the Administrator has determined--
``(1) has the capability and objective to carry out not
fewer than 3 of the 6 programs under section 40303(b)(1);
``(2) will carry out programs that balance the priorities
described in section 40303(b)(2); and
``(3) is engaged in research, training, and education
relating to space and aeronautics.
``(b) Grants.--
``(1) In general.--The Administrator shall award grants to
the lead institutions of eligible space grant consortia to
carry out the programs under section 40303(b)(1).
``(2) Request for proposals.--
``(A) In general.--On the expiration of existing
cooperative agreements between the Administration and
the space grant consortia, the Administrator shall
issue a request for proposals from space grant
consortia for the award of grants under this section.
``(B) Applications.--A lead institution of a space
grant consortium that seeks a grant under this section
shall submit, on behalf of such space grant consortium,
an application to the Administrator at such time, in
such manner, and accompanied by such information as the
Administrator may require.
``(3) Grant awards.--The Administrator shall award 1 or
more 5-year grants, disbursed in annual installments, to the
lead institution of the eligible space grant consortium of--
``(A) each State;
``(B) the District of Columbia; and
``(C) the Commonwealth of Puerto Rico.
``(4) Use of funds.--A grant awarded under this section
shall be used by an eligible space grant consortium to carry
out not fewer than 3 of the 6 programs under section
40303(b)(1).
``(c) Allocation of Funding.--
``(1) Program implementation.--
``(A) In general.--To carry out the objective
described in section 40303(b)(1), of the funds made
available each fiscal year for the national space grant
college and fellowship program, the Administrator shall
allocate not less than 85 percent as follows:
``(i) The 52 eligible space grant consortia
shall each receive an equal share.
``(ii) The territories of Guam and the
United States Virgin Islands shall each receive
funds equal to approximately \1/5\ of the share
for each eligible space grant consortia.
``(B) Matching requirement.--Each eligible space
grant consortium shall match the funds allocated under
subparagraph (A)(i) on a basis of not less than 1 non-
Federal dollar for every 1 Federal dollar, except that
any program funded under paragraph (3) or any program
to carry out 1 or more internships or fellowships shall
not be subject to that matching requirement.
``(2) Program administration.--
``(A) In general.--Of the funds made available each
fiscal year for the national space grant college and
fellowship program, the Administrator shall allocate
not more than 10 percent for the administration of the
program.
``(B) Costs covered.--The funds allocated under
subparagraph (A) shall cover all costs of the
Administration associated with the administration of
the national space grant college and fellowship
program, including--
``(i) direct costs of the program,
including costs relating to support services
and civil service salaries and benefits;
``(ii) indirect general and administrative
costs of centers and facilities of the
Administration; and
``(iii) indirect general and administrative
costs of the Administration headquarters.
``(3) Special programs.--Of the funds made available each
fiscal year for the national space grant college and fellowship
program, the Administrator shall allocate not more than 5
percent to the lead institutions of space grant consortia
established as of the date of the enactment of the National
Aeronautics and Space Administration Authorization Act of 2020
for grants to carry out innovative approaches and programs to
further science and education relating to the missions of the
Administration and STEM disciplines.
``(d) Terms and Conditions.--
``(1) Limitations.--Amounts made available through a grant
under this section may not be applied to--
``(A) the purchase of land;
``(B) the purchase, construction, preservation, or
repair of a building; or
``(C) the purchase or construction of a launch
facility or launch vehicle.
``(2) Leases.--Notwithstanding paragraph (1), land,
buildings, launch facilities, and launch vehicles may be leased
under a grant on written approval by the Administrator.
``(3) Records.--
``(A) In general.--Any person that receives or uses
the proceeds of a grant under this section shall keep
such records as the Administrator shall by regulation
prescribe as being necessary and appropriate to
facilitate effective audit and evaluation, including
records that fully disclose the amount and disposition
by a recipient of such proceeds, the total cost of the
program or project in connection with which such
proceeds were used, and the amount, if any, of such
cost that was provided through other sources.
``(B) Maintenance of records.--Records under
subparagraph (A) shall be maintained for not less than
3 years after the date of completion of such a program
or project.
``(C) Access.--For the purpose of audit and
evaluation, the Administrator and the Comptroller
General of the United States shall have access to any
books, documents, papers, and records of receipts
relating to a grant under this section, as determined
by the Administrator or Comptroller General.''.
(e) Program Streamlining.--Title 51, United States Code, is
amended--
(1) by striking sections 40305 through 40308, 40310, and
40311; and
(2) by redesignating section 40309 as section 40305.
(f) Conforming Amendment.--The table of sections at the beginning
of chapter 403 of title 51, United States Code, is amended by striking
the items relating to sections 40304 through 40311 and inserting the
following:
``40304. Grants.
``40305. Availability of other Federal personnel and data.''.
TITLE VII--WORKFORCE AND INDUSTRIAL BASE
SEC. 701. APPOINTMENT AND COMPENSATION PILOT PROGRAM.
(a) Definition of Covered Provisions.--In this section, the term
``covered provisions'' means the provisions of title 5, United States
Code, other than--
(1) section 2301 of that title;
(2) section 2302 of that title;
(3) chapter 71 of that title;
(4) section 7204 of that title; and
(5) chapter 73 of that title.
(b) Establishment.--There is established a 3-year pilot program
under which, notwithstanding section 20113 of title 51, United States
Code, the Administrator may, with respect to not more than 3,000
designated personnel--
(1) appoint and manage such designated personnel of the
Administration, without regard to the covered provisions; and
(2) fix the compensation of such designated personnel of
the Administration, without regard to chapter 51 and subchapter
III of chapter 53 of title 5, United States Code, at a rate
that does not exceed the per annum rate of salary of the Vice
President of the United States under section 104 of title 3,
United States Code.
(c) Administrator Responsibilities.--In carrying out the pilot
program established under subsection (b), the Administrator shall
ensure that the pilot program--
(1) uses--
(A) state-of-the-art recruitment techniques;
(B) simplified classification methods with respect
to personnel of the Administration; and
(C) broad banding; and
(2) offers--
(A) competitive compensation; and
(B) the opportunity for career mobility.
SEC. 702. ESTABLISHMENT OF MULTI-INSTITUTION CONSORTIA.
(a) In General.--The Administrator, pursuant to section
2304(c)(3)(B) of title 10, United States Code, may--
(1) establish one or more multi-institution consortia to
facilitate access to essential engineering, research, and
development capabilities in support of NASA missions;
(2) use such a consortium to fund technical analyses and
other engineering support to address the acquisition,
technical, and operational needs of NASA centers; and
(3) ensure such a consortium--
(A) is held accountable for the technical quality
of the work product developed under this section; and
(B) convenes disparate groups to facilitate public-
private partnerships.
(b) Policies and Procedures.--The Administrator shall develop and
implement policies and procedures to govern, with respect to the
establishment of a consortium under subsection (a)--
(1) the selection of participants;
(2) the award of cooperative agreements or other contracts;
(3) the appropriate use of competitive awards and sole
source awards; and
(4) technical capabilities required.
(c) Eligibility.--The following entities shall be eligible to
participate in a consortium established under subsection (a):
(1) An institution of higher education (as defined in
section 102 of the Higher Education Act of 1965 (20 U.S.C.
1002)).
(2) An operator of a federally funded research and
development center.
(3) A nonprofit or not-for-profit research institution.
(4) A consortium composed of--
(A) an entity described in paragraph (1), (2), or
(3); and
(B) one or more for-profit entities.
SEC. 703. EXPEDITED ACCESS TO TECHNICAL TALENT AND EXPERTISE.
(a) In General.--The Administrator may--
(1) establish one or more multi-institution task order
contracts, consortia, cooperative agreements, or other
arrangements to facilitate expedited access to eligible
entities in support of NASA missions; and
(2) use such a multi-institution task order contract,
consortium, cooperative agreement, or other arrangement to fund
technical analyses and other engineering support to address the
acquisition, technical, and operational needs of NASA centers.
(b) Consultation With Other NASA-affiliated Entities.--To ensure
access to technical expertise and reduce costs and duplicative efforts,
a multi-institution task order contract, consortium, cooperative
agreement, or any other arrangement established under subsection (a)(1)
shall, to the maximum extent practicable, be carried out in
consultation with other NASA-affiliated entities, including federally
funded research and development centers, university-affiliated research
centers, and NASA laboratories and test centers.
(c) Policies and Procedures.--The Administrator shall develop and
implement policies and procedures to govern, with respect to the
establishment of a multi-institution task order contract, consortium,
cooperative agreement, or any other arrangement under subsection
(a)(1)--
(1) the selection of participants;
(2) the award of task orders;
(3) the maximum award size for a task;
(4) the appropriate use of competitive awards and sole
source awards; and
(5) technical capabilities required.
(d) Eligible Entity Defined.--In this section, the term ``eligible
entity'' means--
(1) an institution of higher education (as defined in
section 102 of the Higher Education Act of 1965 (20 U.S.C.
1002));
(2) an operator of a federally funded research and
development center;
(3) a nonprofit or not-for-profit research institution; and
(4) a consortium composed of--
(A) an entity described in paragraph (1), (2), or
(3); and
(B) one or more for-profit entities.
SEC. 704. REPORT ON INDUSTRIAL BASE FOR CIVIL SPACE MISSIONS AND
OPERATIONS.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, and from time to time thereafter, the
Administrator shall submit to the appropriate committees of Congress a
report on the United States industrial base for NASA civil space
missions and operations.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A comprehensive description of the current status of
the United States industrial base for NASA civil space missions
and operations.
(2) A description and assessment of the weaknesses in the
supply chain, skills, manufacturing capacity, raw materials,
key components, and other areas of the United States industrial
base for NASA civil space missions and operations that could
adversely impact such missions and operations if unavailable.
(3) A description and assessment of various mechanisms to
address and mitigate the weaknesses described pursuant to
paragraph (2).
(4) A comprehensive list of the collaborative efforts,
including future and proposed collaborative efforts, between
NASA and the Manufacturing USA institutes of the Department of
Commerce.
(5) An assessment of--
(A) the defense and aerospace manufacturing supply
chains relevant to NASA in each region of the United
States; and
(B) the feasibility and benefits of establishing a
supply chain center of excellence in a State in which
NASA does not, as of the date of the enactment of this
Act, have a research center or test facility.
(6) Such other matters relating to the United States
industrial base for NASA civil space missions and operations as
the Administrator considers appropriate.
SEC. 705. SEPARATIONS AND RETIREMENT INCENTIVES.
Section 20113 of title 51, United States Code, is amended by adding
at the end the following:
``(o) Provisions Related to Separation and Retirement Incentives.--
``(1) Definition.--In this subsection, the term
`employee'--
``(A) means an employee of the Administration
serving under an appointment without time limitation;
and
``(B) does not include--
``(i) a reemployed annuitant under
subchapter III of chapter 83 or chapter 84 of
title 5 or any other retirement system for
employees of the Federal Government;
``(ii) an employee having a disability on
the basis of which such employee is or would be
eligible for disability retirement under any of
the retirement systems referred to in clause
(i); or
``(iii) for purposes of eligibility for
separation incentives under this subsection, an
employee who is in receipt of a decision notice
of involuntary separation for misconduct or
unacceptable performance.
``(2) Authority.--The Administrator may establish a program
under which employees may be eligible for early retirement,
offered separation incentive pay to separate from service
voluntarily, or both. This authority may be used to reduce the
number of personnel employed or to restructure the workforce to
meet mission objectives without reducing the overall number of
personnel. This authority is in addition to, and
notwithstanding, any other authorities established by law or
regulation for such programs.
``(3) Early retirement.--An employee who is at least 50
years of age and has completed 20 years of service, or has at
least 25 years of service, may, pursuant to regulations
promulgated under this subsection, apply and be retired from
the Administration and receive benefits in accordance with
subchapter III of chapter 83 or 84 of title 5 if the employee
has been employed continuously within the Administration for
more than 30 days before the date on which the determination to
conduct a reduction or restructuring within 1 or more
Administration centers is approved.
``(4) Separation pay.--
``(A) In general.--Separation pay shall be paid in
a lump sum or in installments and shall be equal to the
lesser of--
``(i) an amount equal to the amount the
employee would be entitled to receive under
section 5595(c) of title 5, if the employee
were entitled to payment under such section; or
``(ii) $40,000.
``(B) Limitations.--Separation pay shall not be a
basis for payment, and shall not be included in the
computation, of any other type of Government benefit.
Separation pay shall not be taken into account for the
purpose of determining the amount of any severance pay
to which an individual may be entitled under section
5595 of title 5, based on any other separation.
``(C) Installments.--Separation pay, if paid in
installments, shall cease to be paid upon the
recipient's acceptance of employment by the Federal
Government, or commencement of work under a personal
services contract as described in paragraph (5).
``(5) Limitations on reemployment.--
``(A) An employee who receives separation pay under
such program may not be reemployed by the
Administration for a 12-month period beginning on the
effective date of the employee's separation, unless
this prohibition is waived by the Administrator on a
case-by-case basis.
``(B) An employee who receives separation pay under
this section on the basis of a separation and accepts
employment with the Government of the United States, or
who commences work through a personal services contract
with the United States within 5 years after the date of
the separation on which payment of the separation pay
is based, shall be required to repay the entire amount
of the separation pay to the Administration. If the
employment is with an Executive agency (as defined by
section 105 of title 5) other than the Administration,
the Administrator may, at the request of the head of
that agency, waive the repayment if the individual
involved possesses unique abilities and is the only
qualified applicant available for the position. If the
employment is within the Administration, the
Administrator may waive the repayment if the individual
involved is the only qualified applicant available for
the position. If the employment is with an entity in
the legislative branch, the head of the entity or the
appointing official may waive the repayment if the
individual involved possesses unique abilities and is
the only qualified applicant available for the
position. If the employment is with the judicial
branch, the Director of the Administrative Office of
the United States Courts may waive the repayment if the
individual involved possesses unique abilities and is
the only qualified applicant available for the
position.
``(6) Regulations.--Under the program established under
paragraph (2), early retirement and separation pay may be
offered only pursuant to regulations established by the
Administrator, subject to such limitations or conditions as the
Administrator may require.
``(7) Use of existing funds.--The Administrator shall carry
out this subsection using amounts otherwise made available to
the Administrator and no additional funds are authorized to be
appropriated to carry out this subsection.''.
SEC. 706. CONFIDENTIALITY OF MEDICAL QUALITY ASSURANCE RECORDS.
(a) In General.--Chapter 313 of title 51, United States Code, is
amended by adding at the end the following:
``Sec. 31303. Confidentiality of medical quality assurance records
``(a) In General.--Except as provided in subsection (b)(1)--
``(1) a medical quality assurance record, or any part of a
medical quality assurance record, may not be subject to
discovery or admitted into evidence in a judicial or
administrative proceeding; and
``(2) an individual who reviews or creates a medical
quality assurance record for the Administration, or
participates in any proceeding that reviews or creates a
medical quality assurance record, may not testify in a judicial
or administrative proceeding with respect to--
``(A) the medical quality assurance record; or
``(B) any finding, recommendation, evaluation,
opinion, or action taken by such individual or in
accordance with such proceeding with respect to the
medical quality assurance record.
``(b) Disclosure of Records.--
``(1) In general.--Notwithstanding subsection (a), a
medical quality assurance record may be disclosed to--
``(A) a Federal agency or private entity, if the
medical quality assurance record is necessary for the
Federal agency or private entity to carry out--
``(i) licensing or accreditation functions
relating to Administration healthcare
facilities; or
``(ii) monitoring of Administration
healthcare facilities required by law;
``(B) a Federal agency or healthcare provider, if
the medical quality assurance record is required by the
Federal agency or healthcare provider to enable
Administration participation in a healthcare program of
the Federal agency or healthcare provider;
``(C) a criminal or civil law enforcement agency,
or an instrumentality authorized by law to protect the
public health or safety, on written request by a
qualified representative of such agency or
instrumentality submitted to the Administrator that
includes a description of the lawful purpose for which
the medical quality assurance record is requested;
``(D) an officer, an employee, or a contractor of
the Administration who requires the medical quality
assurance record to carry out an official duty
associated with healthcare;
``(E) healthcare personnel, to the extent necessary
to address a medical emergency affecting the health or
safety of an individual; and
``(F) any committee, panel, or board convened by
the Administration to review the healthcare-related
policies and practices of the Administration.
``(2) Subsequent disclosure prohibited.--An individual or
entity to whom a medical quality assurance record has been
disclosed under paragraph (1) may not make a subsequent
disclosure of the medical quality assurance record.
``(c) Personally Identifiable Information.--
``(1) In general.--Except as provided in paragraph (2), the
personally identifiable information contained in a medical
quality assurance record of a patient or an employee of the
Administration, or any other individual associated with the
Administration for purposes of a medical quality assurance
program, shall be removed before the disclosure of the medical
quality assurance record to an entity other than the
Administration.
``(2) Exception.-- Personally identifiable information
described in paragraph (1) may be released to an entity other
than the Administration if the Administrator makes a
determination that the release of such personally identifiable
information--
``(A) is in the best interests of the
Administration; and
``(B) does not constitute an unwarranted invasion
of personal privacy.
``(d) Exclusion From FOIA.--A medical quality assurance record may
not be made available to any person under section 552 of title 5,
United States Code (commonly referred to as the `Freedom of Information
Act'), and this section shall be considered a statute described in
subsection (b)(3)(B) of such section 522.
``(e) Regulations.--Not later than one year after the date of the
enactment of this section, the Administrator shall promulgate
regulations to implement this section.
``(f) Rules of Construction.--Nothing in this section shall be
construed--
``(1) to withhold a medical quality assurance record from a
committee of the Senate or House of Representatives or a joint
committee of Congress if the medical quality assurance record
relates to a matter within the jurisdiction of such committee
or joint committee; or
``(2) to limit the use of a medical quality assurance
record within the Administration, including the use by a
contractor or consultant of the Administration.
``(g) Definitions.--In this section:
``(1) Medical quality assurance record.--The term `medical
quality assurance record' means any proceeding, discussion,
record, finding, recommendation, evaluation, opinion, minutes,
report, or other document or action that results from a quality
assurance committee, quality assurance program, or quality
assurance program activity.
``(2) Quality assurance program.--
``(A) In general.--The term `quality assurance
program' means a comprehensive program of the
Administration--
``(i) to systematically review and improve
the quality of medical and behavioral health
services provided by the Administration to
ensure the safety and security of individuals
receiving such health services; and
``(ii) to evaluate and improve the
efficiency, effectiveness, and use of staff and
resources in the delivery of such health
services.
``(B) Inclusion.--The term `quality assurance
program' includes any activity carried out by or for
the Administration to assess the quality of medical
care provided by the Administration.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 313 of title 51, United States Code, is amended by adding at
the end the following:
``31303. Confidentiality of medical quality assurance records.''.
TITLE VIII--MISCELLANEOUS PROVISIONS
SEC. 801. CONTRACTING AUTHORITY.
Section 20113 of title 51, United States Code, is amended by adding
at the end the following:
``(o) Contracting Authority.--The Administration--
``(1) may enter into an agreement with a private,
commercial, or State government entity to provide the entity
with supplies, support, and services related to private,
commercial, or State government space activities carried out at
a property owned or operated by the Administration; and
``(2) upon the request of such an entity, may include such
supplies, support, and services in the requirements of the
Administration if--
``(A) the Administrator determines that the
inclusion of such supplies, support, or services in
such requirements--
``(i) is in the best interest of the
Federal Government;
``(ii) does not interfere with the
requirements of the Administration; and
``(iii) does not compete with the
commercial space activities of other such
entities; and
``(B) the Administration has full reimbursable
funding from the entity that requested supplies,
support, and services prior to making any obligation
for the delivery of such supplies, support, or services
under an Administration procurement contract or any
other agreement.''.
SEC. 802. AUTHORITY FOR TRANSACTION PROTOTYPE PROJECTS AND FOLLOW-ON
PRODUCTION CONTRACTS.
Section 20113 of title 51, United States Code, as amended by
section 801, is further amended by adding at the end the following:
``(p) Transaction Prototype Projects and Follow-on Production
Contracts.--
``(1) In general.--The Administration may enter into a
transaction (other than a contract, cooperative agreement, or
grant) to carry out a prototype project that is directly
relevant to enhancing the mission effectiveness of the
Administration.
``(2) Subsequent award of follow-on production contract.--A
transaction entered into under this subsection for a prototype
project may provide for the subsequent award of a follow-on
production contract to participants in the transaction.
``(3) Inclusion.--A transaction under this subsection
includes a project awarded to an individual participant and to
all individual projects awarded to a consortium of United
States industry and academic institutions.
``(4) Determination.--The authority of this section may be
exercised for a transaction for a prototype project and any
follow-on production contract, upon a determination by the head
of the contracting activity, in accordance with Administration
policies, that--
``(A) circumstances justify use of a transaction to
provide an innovative business arrangement that would
not be feasible or appropriate under a contract; and
``(B) the use of the authority of this section is
essential to promoting the success of the prototype
project.
``(5) Competitive procedure.--
``(A) In general.--To the maximum extent
practicable, the Administrator shall use competitive
procedures with respect to entering into a transaction
to carry out a prototype project.
``(B) Exception.--Notwithstanding section 2304 of
title 10, United States Code, a follow-on production
contract may be awarded to the participants in the
prototype transaction without the use of competitive
procedures, if--
``(i) competitive procedures were used for
the selection of parties for participation in
the prototype transaction; and
``(ii) the participants in the transaction
successfully completed the prototype project
provided for in the transaction.
``(6) Cost share.--A transaction to carry out a prototype
project and a follow-on production contract may require that
part of the total cost of the transaction or contract be paid
by the participant or contractor from a source other than the
Federal Government.
``(7) Procurement ethics.--A transaction under this
authority shall be considered an agency procurement for
purposes of chapter 21 of title 41, United States Code, with
regard to procurement ethics.''.
SEC. 803. PROTECTION OF DATA AND INFORMATION FROM PUBLIC DISCLOSURE.
(a) Certain Technical Data.--Section 20131 of title 51, United
States Code, is amended--
(1) by redesignating subsection (c) as subsection (d);
(2) in subsection (a)(3), by striking ``subsection (b)''
and inserting ``subsection (b) or (c)'';
(3) by inserting after subsection (b) the following:
``(c) Special Handling of Certain Technical Data.--
``(1) In general.--The Administrator may provide
appropriate protections against the public dissemination of
certain technical data, including exemption from subchapter II
of chapter 5 of title 5.
``(2) Definitions.--In this subsection:
``(A) Certain technical data.--The term `certain
technical data' means technical data that may not be
exported lawfully outside the United States without
approval, authorization, or license under--
``(i) the Export Control Reform Act of 2018
(Public Law 115-232; 132 Stat. 2208); or
``(ii) the International Security
Assistance and Arms Export Control Act of 1976
(Public Law 94-329; 90 Stat. 729).
``(B) Technical data.--The term `technical data'
means any blueprint, drawing, photograph, plan,
instruction, computer software, or documentation, or
any other technical information.'';
(4) in subsection (d), as so redesignated, by inserting ``,
including any data,'' after ``information''; and
(5) by adding at the end the following:
``(e) Exclusion From FOIA.--This section shall be considered a
statute described in subsection (b)(3)(B) of section 552 of title 5
(commonly referred to as the `Freedom of Information Act').''.
(b) Certain Voluntarily Provided Safety-related Information.--
(1) In general.--The Administrator shall provide
appropriate safeguards against the public dissemination of
safety-related information collected as part of a mishap
investigation carried out under the NASA safety reporting
system or in conjunction with an organizational safety
assessment, if the Administrator makes a written determination,
including a justification of the determination, that--
(A)(i) disclosure of the information would inhibit
individuals from voluntarily providing safety-related
information; and
(ii) the ability of NASA to collect such
information improves the safety of NASA programs and
research relating to aeronautics and space; or
(B) withholding such information from public disclosure
improves the safety of such NASA programs and research.
(2) Other federal agencies.--Notwithstanding any other
provision of law, if the Administrator provides to the head of
another Federal agency safety-related information with respect
to which the Administrator has made a determination under
paragraph (1), the head of the Federal agency shall withhold
the information from public disclosure.
(3) Public availability.--A determination or part of a
determination under paragraph (1) shall be made available to
the public on request, as required under section 552 of title
5, United States Code (commonly referred to as the ``Freedom of
Information Act'').
(4) Exclusion from foia.--This subsection shall be
considered a statute described in subsection (b)(3)(B) of
section 552 of title 5, United States Code.
SEC. 804. PHYSICAL SECURITY MODERNIZATION.
Chapter 201 of title 51, United States Code, is amended--
(1) in section 20133(2), by striking ``property'' and all
that follows through ``to the United States,'' and inserting
``Administration personnel or of property owned or leased by,
or under the control of, the United States''; and
(2) in section 20134, in the second sentence--
(A) by inserting ``Administration personnel or
any'' after ``protecting''; and
(B) by striking ``, at facilities owned or
contracted to the Administration''.
SEC. 805. LEASE OF NON-EXCESS PROPERTY.
Section 20145 of title 51, United States Code, is amended--
(1) in paragraph (b)(1)(B), by striking ``entered into for
the purpose of developing renewable energy production
facilities''; and
(2) in subsection (g), in the first sentence, by striking
``December 31, 2021'' and inserting ``December 31, 2025''.
SEC. 806. CYBERSECURITY.
(a) In General.--Section 20301 of title 51, United States Code, is
amended by adding at the end the following:
``(c) Cybersecurity.--The Administrator shall update and improve
the cybersecurity of NASA space assets and supporting
infrastructure.''.
(b) Security Operations Center.--
(1) Establishment.--The Administrator shall maintain a
Security Operations Center, to identify and respond to
cybersecurity threats to NASA information technology systems,
including institutional systems and mission systems.
(2) Inspector general recommendations.--The Administrator
shall implement, to the maximum extent practicable, each of the
recommendations contained in the report of the Inspector
General of NASA entitled ``Audit of NASA's Security Operations
Center'', issued on May 23, 2018.
(c) Cyber Threat Hunt.--
(1) In general.--The Administrator, in coordination with
the Secretary of Homeland Security and the heads of other
relevant Federal agencies, may implement a cyber threat hunt
capability to proactively search NASA information systems for
advanced cyber threats that otherwise evade existing security
tools.
(2) Threat-hunting process.--In carrying out paragraph (1),
the Administrator shall develop and document a threat-hunting
process, including the roles and responsibilities of
individuals conducting a cyber threat hunt.
(d) GAO Priority Recommendations.--The Administrator shall
implement, to the maximum extent practicable, the recommendations for
NASA contained in the report of the Comptroller General of the United
States entitled ``Information Security: Agencies Need to Improve
Controls over Selected High-Impact Systems'', issued May 18, 2016,
including--
(1) re-evaluating security control assessments; and
(2) specifying metrics for the continuous monitoring
strategy of the Administration.
SEC. 807. LIMITATION ON COOPERATION WITH THE PEOPLE'S REPUBLIC OF
CHINA.
(a) In General.--Except as provided by subsection (b), the
Administrator, the Director of the OSTP, and the Chair of the National
Space Council, shall not--
(1) develop, design, plan, promulgate, implement, or
execute a bilateral policy, program, order, or contract of any
kind to participate, collaborate, or coordinate bilaterally in
any manner with--
(A) the Government of the People's Republic of
China; or
(B) any company--
(i) owned by the Government of the People's
Republic of China; or
(ii) incorporated under the laws of the
People's Republic of China; and
(2) host official visitors from the People's Republic of
China at a facility belonging to or used by NASA.
(b) Waiver.--
(1) In general.--The Administrator, the Director, or the
Chair may waive the limitation under subsection (a) with
respect to an activity described in that subsection only if the
Administrator, the Director, or the Chair, as applicable, makes
a determination that the activity--
(A) does not pose a risk of a transfer of
technology, data, or other information with national
security or economic security implications to an entity
described in paragraph (1) of such subsection; and
(B) does not involve knowing interactions with
officials who have been determined by the United States
to have direct involvement with violations of human
rights.
(2) Certification to congress.--Not later than 30 days
after the date on which a waiver is granted under paragraph
(1), the Administrator, the Director, or the Chair, as
applicable, shall submit to the Committee on Commerce, Science,
and Transportation and the Committee on Appropriations of the
Senate and the Committee on Science, Space, and Technology and
the Committee on Appropriations of the House of Representatives
a written certification that the activity complies with the
requirements in subparagraphs (A) and (B) of that paragraph.
(c) GAO Review.--
(1) In general.--The Comptroller General of the United
States shall conduct a review of NASA contracts that may
subject the Administration to unacceptable transfers of
intellectual property or technology to any entity--
(A) owned or controlled (in whole or in part) by,
or otherwise affiliated with, the Government of the
People's Republic of China; or
(B) organized under, or otherwise subject to, the
laws of the People's Republic of China.
(2) Elements.--The review required under paragraph (1)
shall assess--
(A) whether the Administrator is aware--
(i) of any NASA contractor that benefits
from significant financial assistance from--
(I) the Government of the People's
Republic of China;
(II) any entity controlled by the
Government of the People's Republic of
China; or
(III) any other governmental entity
of the People's Republic of China; and
(ii) that the Government of the People's
Republic of China, or an entity controlled by
the Government of the People's Republic of
China, may be--
(I) leveraging United States
companies that share ownership with
NASA contractors; or
(II) obtaining intellectual
property or technology illicitly or by
other unacceptable means; and
(B) the steps the Administrator is taking to ensure
that--
(i) NASA contractors are not being
leveraged (directly or indirectly) by the
Government of the People's Republic of China or
by an entity controlled by the Government of
the People's Republic of China;
(ii) the intellectual property and
technology of NASA contractors are adequately
protected; and
(iii) NASA flight-critical components are
not sourced from the People's Republic of China
through any entity benefiting from Chinese
investments, loans, or other assistance.
(3) Recommendations.--The Comptroller General shall provide
to the Administrator recommendations for future NASA
contracting based on the results of the review.
(4) Plan.--Not later than 180 days after the date on which
the Comptroller General completes the review, the Administrator
shall--
(A) develop a plan to implement the recommendations
of the Comptroller General; and
(B) submit the plan to the appropriate committees
of Congress.
SEC. 808. CONSIDERATION OF ISSUES RELATED TO CONTRACTING WITH ENTITIES
RECEIVING ASSISTANCE FROM OR AFFILIATED WITH THE PEOPLE'S
REPUBLIC OF CHINA.
(a) In General.--With respect to a matter in response to a request
for proposal or a broad area announcement by the Administrator, or
award of any contract, agreement, or other transaction with the
Administrator, a commercial or noncommercial entity shall certify that
it is not majority owned or controlled (as defined in section 800.208
of title 31, Code of Federal Regulations), or minority owned greater
than 25 percent, by--
(1) any governmental organization of the People's Republic
of China; or
(2) any other entity that is--
(A) known to be owned or controlled by any
governmental organization of the People's Republic of
China; or
(B) organized under, or otherwise subject to, the
laws of the People's Republic of China.
(b) False Statements.--
(1) In general.--A false statement contained in a
certification under subsection (a) constitutes a false or
fraudulent claim for purposes of chapter 47 of title 18, United
States Code.
(2) Action under federal acquisition regulation.--Any party
convicted for making a false statement with respect to a
certification under subsection (a) shall be subject to
debarment from contracting with the Administrator for a period
of not less than 1 year, as determined by the Administrator, in
addition to other appropriate action in accordance with the
Federal Acquisition Regulation maintained under section
1303(a)(1) of title 41, United States Code.
(c) Annual Report.--The Administrator shall submit to the
appropriate committees of Congress an annual report detailing any
violation of this section.
SEC. 809. SMALL SATELLITE LAUNCH SERVICES PROGRAM.
(a) In General.--The Administrator shall continue to procure
dedicated launch services, including from small and venture class
launch providers, for small satellites, including CubeSats, for the
purpose of conducting science and technology missions that further the
goals of NASA.
(b) Requirements.--In carrying out the program under subsection
(a), the Administrator shall engage with the academic community to
maximize awareness and use of dedicated small satellite launch
opportunities.
(c) Rule of Construction.--Nothing in this section shall prevent
the Administrator from continuing to use a secondary payload of
procured launch services for CubeSats.
SEC. 810. 21ST CENTURY SPACE LAUNCH INFRASTRUCTURE.
(a) In General.--The Administrator shall carry out a program to
modernize multi-user launch infrastructure at NASA facilities--
(1) to enhance safety; and
(2) to advance Government and commercial space
transportation and exploration.
(b) Projects.--Projects funded under the program under subsection
(a) may include--
(1) infrastructure relating to commodities;
(2) standard interfaces to meet customer needs for multiple
payload processing and launch vehicle processing;
(3) enhancements to range capacity and flexibility; and
(4) such other projects as the Administrator considers
appropriate to meet the goals described in subsection (a).
(c) Requirements.--In carrying out the program under subsection
(a), the Administrator shall--
(1) identify and prioritize investments in projects that
can be used by multiple users and launch vehicles, including
non-NASA users and launch vehicles; and
(2) limit investments to projects that would not otherwise
be funded by a NASA program, such as an institutional or
programmatic infrastructure program.
(d) Rule of Construction.--Nothing in this section shall preclude a
NASA program, including the Space Launch System and Orion, from using
the launch infrastructure modernized under this section.
SEC. 811. MISSIONS OF NATIONAL NEED.
(a) Sense of Congress.--It is the Sense of Congress that--
(1) while certain space missions, such as asteroid
detection or space debris mitigation or removal missions, may
not provide the highest-value science, as determined by the
National Academies of Science, Engineering, and Medicine
decadal surveys, such missions provide tremendous value to the
United States and the world; and
(2) the current organizational and funding structure of
NASA has not prioritized the funding of missions of national
need.
(b) Study.--
(1) In general.--The Director of the OSTP shall conduct a
study on the manner in which NASA funds missions of national
need.
(2) Matters to be included.--The study conducted under
paragraph (1) shall include the following:
(A) An identification and assessment of the types
of missions or technology development programs that
constitute missions of national need.
(B) An assessment of the manner in which such
missions are currently funded and managed by NASA.
(C) An analysis of the options for funding missions
of national need, including--
(i) structural changes required to allow
NASA to fund such missions; and
(ii) an assessment of the capacity of other
Federal agencies to make funds available for
such missions.
(c) Report to Congress.--Not later than 1 year after the date of
the enactment of this Act, the Director of the OSTP shall submit to the
appropriate committees of Congress a report on the results of the study
conducted under subsection (b), including recommendations for funding
missions of national need.
SEC. 812. DRINKING WATER WELL REPLACEMENT FOR CHINCOTEAGUE, VIRGINIA.
Notwithstanding any other provision of law, during the 5-year
period beginning on the date of the enactment of this Act, the
Administrator may enter into 1 or more agreements with the town of
Chincoteague, Virginia, to reimburse the town for costs that are
directly associated with--
(1) the removal of drinking water wells located on property
administered by the Administration; and
(2) the relocation of such wells to property under the
administrative control, through lease, ownership, or easement,
of the town.
SEC. 813. PASSENGER CARRIER USE.
Section 1344(a)(2) of title 31, United States Code, is amended--
(1) in subparagraph (A), by striking ``or'' at the end;
(2) in subparagraph (B), by inserting ``or'' after the
comma at the end; and
(3) by inserting after subparagraph (B) the following:
``(C) necessary for post-flight transportation of United
States Government astronauts, and other astronauts subject to
reimbursable arrangements, returning from space for the
performance of medical research, monitoring, diagnosis, or
treatment, or other official duties, prior to receiving post-
flight medical clearance to operate a motor vehicle,''.
SEC. 814. USE OF COMMERCIAL NEAR-SPACE BALLOONS.
(a) Sense of Congress.--It is the sense of Congress that the use of
an array of capabilities, including the use of commercially available
near-space balloon assets, is in the best interest of the United
States.
(b) Use of Commercial Near-space Balloons.--The Administrator shall
use commercially available balloon assets operating at near-space
altitudes, to the maximum extent practicable, as part of a diverse set
of capabilities to effectively and efficiently meet the goals of the
Administration.
SEC. 815. PRESIDENT'S SPACE ADVISORY BOARD.
Section 121 of the National Aeronautics and Space Administration
Authorization Act, Fiscal Year 1991 (Public Law 101-611; 51 U.S.C.
20111 note) is amended--
(1) in the section heading, by striking ``users' advisory
group'' and inserting ``president's space advisory board''; and
(2) by striking ``Users' Advisory Group'' each place it
appears and inserting ``President's Space Advisory Board.''
SEC. 816. INITIATIVE ON TECHNOLOGIES FOR NOISE AND EMISSIONS
REDUCTIONS.
(a) Initiative Required.--Section 40112 of title 51, United States
Code, is amended--
(1) by redesignating subsections (b) through (f) as
subsections (c) through (g), respectively; and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Technologies for Noise and Emissions Reduction.--
``(1) Initiative required.--The Administrator shall
establish an initiative to build upon and accelerate previous
or ongoing work to develop and demonstrate new technologies,
including systems architecture, components, or integration of
systems and airframe structures, in electric aircraft
propulsion concepts that are capable of substantially reducing
both emissions and noise from aircraft.
``(2) Approach.--In carrying out the initiative, the
Administrator shall do the following:
``(A) Continue and expand work of the
Administration on research, development, and
demonstration of electric aircraft concepts, and the
integration of such concepts.
``(B) To the extent practicable, work with multiple
partners, including small businesses and new entrants,
on research and development activities related to
transport category aircraft.
``(C) Provide guidance to the Federal Aviation
Administration on technologies developed and tested
pursuant to the initiative.''.
(b) Reports.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter as a part of the
Administration's budget submission, the Administrator shall submit a
report to the appropriate committee of Congress on the progress of the
work under the initiative required by subsection (b) of section 40112
of title 51, United States Code (as amended by subsection (a) of this
section), including an updated, anticipated timeframe for aircraft
entering into service that produce 50 percent less noise and emissions
than the highest performing aircraft in service as of December 31,
2019.
SEC. 817. REMEDIATION OF SITES CONTAMINATED WITH TRICHLOROETHYLENE.
(a) Identification of Sites.--Not later than 180 days after the
date of the enactment of this Act, the Administrator shall identify
sites of the Administration contaminated with trichloroethylene.
(b) Report Required.--Not later than 1 year after the date of the
enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report that includes--
(1) the recommendations of the Administrator for
remediating the sites identified under subsection (a) during
the 5-year period beginning on the date of the report; and
(2) an estimate of the financial resources necessary to
implement those recommendations.
SEC. 818. REPORT ON MERITS AND OPTIONS FOR ESTABLISHING AN INSTITUTE
RELATING TO SPACE RESOURCES.
(a) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Administrator shall submit to
the appropriate committees of Congress a report on the merits
of, and options for, establishing an institute relating to
space resources to advance the objectives of NASA in
maintaining United States preeminence in space described in
paragraph (3).
(2) Matters to be included.--The report required by
paragraph (1) shall include an assessment by the Administrator
as to whether--
(A) a virtual or physical institute relating to
space resources is most cost effective and appropriate;
and
(B) partnering with institutions of higher
education and the aerospace industry, and the
extractive industry as appropriate, would be effective
in increasing information available to such an
institute with respect to advancing the objectives
described in paragraph (3).
(3) Objectives.--The objectives described in this paragraph
are the following:
(A) Identifying, developing, and distributing space
resources, including by encouraging the development of
foundational science and technology.
(B) Reducing the technological risks associated
with identifying, developing, and distributing space
resources.
(C) Developing options for using space resources--
(i) to support current and future space
architectures, programs, and missions; and
(ii) to enable architectures, programs, and
missions that would not otherwise be possible.
(4) Definitions.--In this section:
(A) Extractive industry.--The term ``extractive
industry'' means a company or individual involved in
the process of extracting (including mining, quarrying,
drilling, and dredging) space resources.
(B) Institution of higher education.--The term
``institution of higher education'' has the meaning
given the term in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a)).
(C) Space resource.--
(i) In general.--The term ``space
resource'' means an abiotic resource in situ in
outer space.
(ii) Inclusions.--The term ``space
resource'' includes a raw material, a natural
material, and an energy source.
SEC. 819. REPORT ON ESTABLISHING CENTER OF EXCELLENCE FOR SPACE WEATHER
TECHNOLOGY.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report assessing the potential
benefits of establishing a NASA center of excellence for space weather
technology.
(b) Geographic Considerations.--In the report required by
subsection (a), the Administrator shall consider the benefits of
establishing the center of excellence described in that subsection in a
geographic area--
(1) in close proximity to--
(A) significant government-funded space weather
research activities; and
(B) institutions of higher education; and
(2) where NASA may have been previously underrepresented.
SEC. 820. REVIEW ON PREFERENCE FOR DOMESTIC SUPPLIERS.
(a) Sense of Congress.--It is the Sense of Congress that the
Administration should, to the maximum extent practicable and with due
consideration of foreign policy goals and obligations under Federal
law--
(1) use domestic suppliers of goods and services; and
(2) ensure compliance with the Federal acquisition
regulations, including subcontract flow-down provisions.
(b) Review.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Administrator shall undertake a
comprehensive review of the domestic supplier preferences of
the Administration and the obligations of the Administration
under the Federal acquisition regulations to ensure compliance,
particularly with respect to Federal acquisition regulations
provisions that apply to foreign-based subcontractors.
(2) Elements.--The review under paragraph (1) shall
include--
(A) an assessment as to whether the Administration
has provided funding for infrastructure of a foreign-
owned company or State-sponsored entity in recent
years; and
(B) a review of any impact such funding has had on
domestic service providers.
(c) Report.--The Administrator shall submit to the appropriate
committees of Congress a report on the results of the review.
SEC. 821. REPORT ON UTILIZATION OF COMMERCIAL SPACEPORTS LICENSED BY
FEDERAL AVIATION ADMINISTRATION.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report on the benefits of
increased utilization of commercial spaceports licensed by the Federal
Aviation Administration for NASA civil space missions and operations.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A description and assessment of current utilization of
commercial spaceports licensed by the Federal Aviation
Administration for NASA civil space missions and operations.
(2) A description and assessment of the benefits of
increased utilization of such spaceports for such missions and
operations.
(3) A description and assessment of the steps necessary to
achieve increased utilization of such spaceports for such
missions and operations.
SEC. 822. ACTIVE ORBITAL DEBRIS MITIGATION.
(a) Sense of Congress.--It is the sense of Congress that--
(1) orbital debris, particularly in low-Earth orbit, poses
a hazard to NASA missions, particularly human spaceflight; and
(2) progress has been made on the development of guidelines
for long-term space sustainability through the United Nations
Committee on the Peaceful Uses of Outer Space.
(b) Requirements.--The Administrator should--
(1) ensure the policies and standard practices of NASA meet
or exceed international guidelines for spaceflight safety; and
(2) support the development of orbital debris mitigation
technologies through continued research and development of
concepts.
(c) Report to Congress.--Not later than 90 days after the date of
the enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report on the status of
implementing subsection (b).
SEC. 823. STUDY ON COMMERCIAL COMMUNICATIONS SERVICES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) enhancing the ability of researchers to conduct and
interact with experiments while in flight would make huge
advancements in the overall profitability of conducting
research on suborbit and low-Earth orbit payloads; and
(2) current NASA communications do not allow for real-time
data collection, observation, or transmission of information.
(b) Study.--The Administrator shall conduct a study on the
feasibility, impact, and cost of using commercial communications
programs services for suborbital flight programs and low-Earth orbit
research.
(c) Report.--Not later than 18 months after the date of the
enactment of this Act, the Administrator shall submit to Congress and
make publicly available a report that describes the results of the
study conducted under subsection (b).
Passed the Senate December 18, 2020.
Attest:
Secretary.
116th CONGRESS
2d Session
S. 2800
_______________________________________________________________________
AN ACT
To authorize programs of the National Aeronautics and Space
Administration, and for other purposes.
National Aeronautics and Space Administration Authorization Act of 2020
#2800 | S Congress #116
Policy Area: Science, Technology, Communications
Subjects: Advanced technology and technological innovationsAdvisory bodiesArms control and nonproliferationAsiaAstronomyAtmospheric science and weatherAviation and airportsBiological and life sciencesBuy American requirementsChinaComputer security and identity theftCongressional oversightEducation programs fundingElementary and secondary educationEmployee hiringEnergy efficiency and conservationEnergy researchEvidence and witnessesExecutive agency funding and structure
Last Action: Held at the desk. (12/21/2020)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text