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NATIONAL AERONAUTICS AND SPACE
ADMINISTRATION TRANSITION
AUTHORIZATION ACT OF 2017
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131 STAT. 18
PUBLIC LAW 115–10—MAR. 21, 2017
Public Law 115–10
115th Congress
An Act
Mar. 21, 2017
[S. 442]
National
Aeronautics
and Space
Administration
Transition
Authorization
Act of 2017.
51 USC 10101
note.
To authorize the programs of the National Aeronautics and Space Administration,
and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘National
Aeronautics and Space Administration Transition Authorization Act
of 2017’’.
(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. Fiscal year 2017.
TITLE II—SUSTAINING NATIONAL SPACE COMMITMENTS
Sec. 201. Sense of Congress on sustaining national space commitments.
Sec. 202. Findings.
TITLE III—MAXIMIZING UTILIZATION OF THE ISS AND LOW-EARTH ORBIT
Sec. 301. Operation of the ISS.
Sec. 302. Transportation to ISS.
Sec. 303. ISS transition plan.
Sec. 304. Space communications.
Sec. 305. Indemnification; NASA launch services and reentry services.
TITLE IV—ADVANCING HUMAN DEEP SPACE EXPLORATION
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Subtitle A—Human Space Flight and Exploration Goals and Objectives
411. Human space flight and exploration long-term goals.
412. Key objectives.
413. Vision for space exploration.
414. Stepping stone approach to exploration.
415. Update of exploration plan and programs.
416. Repeals.
417. Assured access to space.
Subtitle B—Assuring Core Capabilities for Exploration
Sec. 421. Space Launch System, Orion, and Exploration Ground Systems.
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Sec.
Sec.
Sec.
Sec.
Sec.
431.
432.
433.
434.
435.
Subtitle C—Journey to Mars
Findings on human space exploration.
Human exploration roadmap.
Advanced space suit capability.
Asteroid robotic redirect mission.
Mars 2033 report.
Subtitle D—TREAT Astronauts Act
Sec. 441. Short title.
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PUBLIC LAW 115–10—MAR. 21, 2017
131 STAT. 19
Sec. 442. Findings; sense of Congress.
Sec. 443. Medical monitoring and research relating to human space flight.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
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Sec.
Sec.
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501.
502.
503.
504.
505.
506.
507.
508.
509.
510.
511.
512.
513.
514.
515.
516.
517.
TITLE V—ADVANCING SPACE SCIENCE
Maintaining a balanced space science portfolio.
Planetary science.
James Webb Space Telescope.
Wide-Field Infrared Survey Telescope.
Mars 2020 rover.
Europa.
Congressional declaration of policy and purpose.
Extrasolar planet exploration strategy.
Astrobiology strategy.
Astrobiology public-private partnerships.
Near-Earth objects.
Near-Earth objects public-private partnerships.
Assessment of science mission extensions.
Stratospheric observatory for infrared astronomy.
Radioisotope power systems.
Assessment of Mars architecture.
Collaboration.
Sec.
Sec.
Sec.
Sec.
Sec.
601.
602.
603.
604.
605.
TITLE VI—AERONAUTICS
Sense of Congress on aeronautics.
Transformative aeronautics research.
Hypersonic research.
Supersonic research.
Rotorcraft research.
TITLE VII—SPACE TECHNOLOGY
Sec. 701. Space technology infusion.
Sec. 702. Space technology program.
TITLE VIII—MAXIMIZING EFFICIENCY
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
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Sec.
Sec.
811.
812.
813.
814.
815.
Subtitle A—Agency Information Technology and Cybersecurity
Information technology governance.
Information technology strategic plan.
Cybersecurity.
Security management of foreign national access.
Cybersecurity of web applications.
Subtitle B—Collaboration Among Mission Directorates and Other Matters
821. Collaboration among mission directorates.
822. NASA launch capabilities collaboration.
823. Detection and avoidance of counterfeit parts.
824. Education and outreach.
825. Leveraging commercial satellite servicing capabilities across mission directorates.
826. Flight opportunities.
827. Sense of Congress on small class launch missions.
828. Baseline and cost controls.
829. Commercial technology transfer program.
830. Avoiding organizational conflicts of interest in major administration acquisition programs.
831. Protection of Apollo landing sites.
832. NASA lease of non-excess property.
833. Termination liability.
834. Independent reviews.
835. NASA Advisory Council.
836. Cost estimation.
837. Facilities and infrastructure.
838. Human space flight accident investigations.
839. Orbital debris.
840. Review of orbital debris removal concepts.
841. Space Act Agreements.
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SEC. 2. DEFINITIONS.
In this Act:
(1) ADMINISTRATION.—The term ‘‘Administration’’ means
the National Aeronautics and Space Administration.
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131 STAT. 20
PUBLIC LAW 115–10—MAR. 21, 2017
(2) ADMINISTRATOR.—The term ‘‘Administrator’’ means the
Administrator of the National Aeronautics and Space Administration.
(3) 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.
(4) CIS-LUNAR SPACE.—The term ‘‘cis-lunar space’’ means
the region of space from the Earth out to and including the
region around the surface of the Moon.
(5) DEEP SPACE.—The term ‘‘deep space’’ means the region
of space beyond low-Earth orbit, to include cis-lunar space.
(6) GOVERNMENT ASTRONAUT.—The term ‘‘government
astronaut’’ has the meaning given the term in section 50902
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 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 under section 303 of the National Aeronautics and Space Administration Authorization Act of 2010
(42 U.S.C. 18323).
(11) SPACE LAUNCH SYSTEM.—The term ‘‘Space Launch
System’’ has the meaning given the term in section 3 of the
National Aeronautics and Space Administration Authorization
Act of 2010 (42 U.S.C. 18302).
(12) UNITED STATES GOVERNMENT ASTRONAUT.—The term
‘‘United States government astronaut’’ has the meaning given
the term ‘‘government astronaut’’ in section 50902 of title 51,
United States Code, except it does not include an individual
who is an international partner astronaut.
TITLE I—AUTHORIZATION OF
APPROPRIATIONS
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SEC. 101. FISCAL YEAR 2017.
There are authorized to be appropriated to NASA for fiscal
year 2017, $19,508,000,000, as follows:
(1) For Exploration, $4,330,000,000.
(2) For Space Operations, $5,023,000,000.
(3) For Science, $5,500,000,000.
(4) For Aeronautics, $640,000,000.
(5) For Space Technology, $686,000,000.
(6) For Education, $115,000,000.
(7) For Safety, Security, and Mission Services,
$2,788,600,000.
(8) For Construction and Environmental Compliance and
Restoration, $388,000,000.
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131 STAT. 21
(9) For Inspector General, $37,400,000.
TITLE II—SUSTAINING NATIONAL
SPACE COMMITMENTS
SEC. 201. SENSE OF CONGRESS ON SUSTAINING NATIONAL SPACE
COMMITMENTS.
It is the sense of Congress that—
(1) honoring current national space commitments and
building upon investments in space across successive Administrations demonstrates clear continuity of purpose by the United
States, in collaboration with its international, academic, and
industry partners, to extend humanity’s reach into deep space,
including cis-lunar space, the Moon, the surface and moons
of Mars, and beyond;
(2) NASA leaders can best leverage investments in the
United States space program by continuing to develop a balanced portfolio for space exploration and space science,
including continued development of the Space Launch System,
Orion, Commercial Crew Program, space and planetary science
missions such as the James Webb Space Telescope, Wide-Field
Infrared Survey Telescope, and Europa mission, and ongoing
operations of the ISS and Commercial Resupply Services Program;
(3) a national, government-led space program that builds
on current science and exploration programs, advances human
knowledge and capabilities, and opens the frontier beyond
Earth for ourselves, commercial enterprise, and science, and
with our international partners, is of critical importance to
our national destiny and to a future guided by United States
values and freedoms;
(4) continuity of purpose and effective execution of core
NASA programs are essential for efficient use of resources
in pursuit of timely and tangible accomplishments;
(5) NASA could improve its efficiency and effectiveness
by working with industry to streamline existing programs and
requirements, procurement practices, institutional footprint,
and bureaucracy while preserving effective program oversight,
accountability, and safety;
(6) it is imperative that the United States maintain and
enhance its leadership in space exploration and space science,
and continue to expand freedom and economic opportunities
in space for all Americans that are consistent with the Constitution of the United States; and
(7) NASA should be a multi-mission space agency, and
should have a balanced and robust set of core missions in
space science, space technology, aeronautics, human space flight
and exploration, and education.
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SEC. 202. FINDINGS.
Congress makes the following findings:
(1) Returns on the Nation’s investments in science, technology, and exploration accrue over decades-long timeframes,
and a disruption of such investments could prevent returns
from being fully realized.
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131 STAT. 22
PUBLIC LAW 115–10—MAR. 21, 2017
(2) Past challenges to the continuity of such investments,
particularly threats regarding the cancellation of authorized
programs with bipartisan and bicameral support, have disrupted completion of major space systems thereby—
(A) impeding planning and pursuit of national objectives in space science and human space exploration;
(B) placing such investments in space science and space
exploration at risk; and
(C) degrading the aerospace industrial base.
(3) The National Aeronautics and Space Administration
Authorization Act of 2005 (Public Law 109–155; 119 Stat. 2895),
National Aeronautics and Space Administration Authorization
Act of 2008 (Public Law 110–422; 122 Stat. 4779), and National
Aeronautics and Space Administration Authorization Act of
2010 (42 U.S.C. 18301 et seq.) reflect a broad, bipartisan agreement on the path forward for NASA’s core missions in science,
space technology, aeronautics, human space flight and exploration, and education, that serves as the foundation for the
policy updates by this Act.
(4) Sufficient investment and maximum utilization of the
ISS and ISS National Laboratory with our international and
industry partners is—
(A) consistent with the goals and objectives of the
United States space program; and
(B) imperative to continuing United States global
leadership in human space exploration, science, research,
technology development, and education opportunities that
contribute to development of the next generation of American scientists, engineers, and leaders, and to creating the
opportunity for economic development of low-Earth orbit.
(5) NASA has made measurable progress in the development and testing of the Space Launch System and Orion exploration systems with the near-term objectives of the initial
integrated test flight and launch in 2018, a human mission
in 2021, and continued missions with an annual cadence in
cis-lunar space and eventually to the surface of Mars.
(6) The Commercial Crew Program has made measurable
progress toward reestablishing the capability to launch United
States government astronauts from United States soil into lowEarth orbit by the end of 2018.
(7) The Aerospace Safety Advisory Panel, in its 2015
Annual Report, urged continuity of purpose noting concerns
over the potential for cost overruns and schedule slips that
could accompany significant changes to core NASA programs.
TITLE III—MAXIMIZING UTILIZATION
OF THE ISS AND LOW-EARTH ORBIT
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51 USC 50111
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SEC. 301. OPERATION OF THE ISS.
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(a) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) after 15 years of continuous human presence in lowEarth orbit, the ISS continues to overcome challenges and
operate safely;
(2) the ISS is a unique testbed for future space exploration
systems development, including long-duration space travel;
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131 STAT. 23
(3) the expansion of partnerships, scientific research, and
commercial applications of the ISS is essential to ensuring
the greatest return on investments made by the United States
and its international space partners in the development,
assembly, and operations of that unique facility;
(4) utilization of the ISS will sustain United States leadership and progress in human space exploration by—
(A) facilitating the commercialization and economic
development of low-Earth orbit;
(B) serving as a testbed for technologies and a platform
for scientific research and development; and
(C) serving as an orbital facility enabling research
upon—
(i) the health, well-being, and performance of
humans in space; and
(ii) the development of in-space systems enabling
human space exploration beyond low-Earth orbit; and
(5) the ISS provides a platform for fundamental, microgravity, discovery-based space life and physical sciences
research that is critical for enabling space exploration, protecting humans in space, increasing pathways for commercial
space development that depend on advances in basic research,
and contributes to advancing science, technology, engineering,
and mathematics research.
(b) OBJECTIVES.—The primary objectives of the ISS program
shall be—
(1) to achieve the long term goal and objectives under
section 202 of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18312); and
(2) to pursue a research program that advances knowledge
and provides other benefits to the Nation.
(c) CONTINUATION OF THE ISS.—Section 501 of the National
Aeronautics and Space Administration Authorization Act of 2010
(42 U.S.C. 18351) is amended to read as follows:
‘‘SEC. 501. CONTINUATION OF THE INTERNATIONAL SPACE STATION.
‘‘(a) POLICY OF THE UNITED STATES.—It shall be the policy
of the United States, in consultation with its international partners
in the ISS program, to support full and complete utilization of
the ISS through at least 2024.
‘‘(b) NASA ACTION.—In furtherance of the policy set forth in
subsection (a), NASA shall—
‘‘(1)
pursue
international,
commercial,
and
intragovernmental means to maximize ISS logistics supply,
maintenance, and operational capabilities, reduce risks to ISS
systems sustainability, and offset and minimize United States
operations costs relating to the ISS;
‘‘(2) utilize, to the extent practicable, the ISS for the
development of capabilities and technologies needed for the
future of human space exploration beyond low-Earth orbit;
and
‘‘(3) utilize, if practical and cost effective, the ISS for
Science Mission Directorate missions in low-Earth orbit.’’.
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SEC. 302. TRANSPORTATION TO ISS.
(a) FINDINGS.—Congress finds that reliance on foreign carriers
for United States crew transfer is unacceptable, and the Nation’s
human space flight program must acquire the capability to launch
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131 STAT. 24
PUBLIC LAW 115–10—MAR. 21, 2017
United States government astronauts on vehicles using United
States rockets from United States soil as soon as is safe, reliable,
and affordable to do so.
(b) SENSE OF CONGRESS ON COMMERCIAL CREW PROGRAM AND
COMMERCIAL RESUPPLY SERVICES PROGRAM.—It is the sense of Congress that—
(1) once developed and certified to meet the Administration’s safety and reliability requirements, United States
commercially provided crew transportation systems can serve
as the primary means of transporting United States government
astronauts and international partner astronauts to and from
the ISS and serving as ISS crew rescue vehicles;
(2) previous budgetary assumptions used by the Administration in its planning for the Commercial Crew Program
assumed significantly higher funding levels than were authorized and appropriated by Congress;
(3) credibility in the Administration’s budgetary estimates
for the Commercial Crew Program can be enhanced by an
independently developed cost estimate;
(4) such credibility in budgetary estimates is an important
factor in understanding program risk;
(5) United States access to low-Earth orbit is paramount
to the continued success of the ISS and ISS National Laboratory;
(6) a stable and successful Commercial Resupply Services
Program and Commercial Crew Program are critical to ensuring
timely provisioning of the ISS and to reestablishing the capability to launch United States government astronauts from
United States soil into orbit, ending reliance upon Russian
transport of United States government astronauts to the ISS
which has not been possible since the retirement of the Space
Shuttle program in 2011;
(7) NASA should build upon the success of the Commercial
Orbital Transportation Services Program and Commercial
Resupply Services Program that have allowed private sector
companies to partner with NASA to deliver cargo and scientific
experiments to the ISS since 2012;
(8) the 21st Century Launch Complex Program has enabled
significant modernization and infrastructure improvements at
launch sites across the United States to support NASA’s
Commercial Resupply Services Program and other civil and
commercial space flight missions; and
(9) the 21st Century Launch Complex Program should be
continued in a manner that leverages State and private investments to achieve the goals of that program.
(c) REAFFIRMATION.—Congress reaffirms—
(1) its commitment to the use of a commercially developed,
private sector launch and delivery system to the ISS for crew
missions as expressed in the National Aeronautics and Space
Administration Authorization Act of 2005 (Public Law 109–
155; 119 Stat. 2895), the National Aeronautics and Space
Administration Authorization Act of 2008 (Public Law 110–
422; 122 Stat. 4779), and the National Aeronautics and Space
Administration Authorization Act of 2010 (42 U.S.C. 18301
et seq.); and
(2) the requirement under section 50111(b)(1)(A) of title
51, United States Code, that the Administration shall make
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PUBLIC LAW 115–10—MAR. 21, 2017
131 STAT. 25
use of United States commercially provided ISS crew transfer
and crew rescue services to the maximum extent practicable.
(d) USE OF NON-UNITED STATES HUMAN SPACE FLIGHT
TRANSPORTATION CAPABILITIES.—Section 201(a) of the National
Aeronautics and Space Administration Authorization Act of 2010
(42 U.S.C. 18311(a)) is amended to read as follows:
‘‘(a) USE OF NON-UNITED STATES HUMAN SPACE FLIGHT
TRANSPORTATION SERVICES.—
‘‘(1) IN GENERAL.—The Federal Government may not
acquire human space flight transportation services from a foreign entity unless—
‘‘(A) no United States Government-operated human
space flight capability is available;
‘‘(B) no United States commercial provider is available;
and
‘‘(C) it is a qualified foreign entity.
‘‘(2) DEFINITIONS.—In this subsection:
‘‘(A) COMMERCIAL PROVIDER.—The term ‘commercial
provider’ means any person providing human space flight
transportation services, primary control of which is held
by persons other than the Federal Government, a State
or local government, or a foreign government.
‘‘(B) QUALIFIED FOREIGN ENTITY.—The term ‘qualified
foreign entity’ means a foreign entity that is in compliance
with all applicable safety standards and is not prohibited
from providing space transportation services under other
law.
‘‘(C) UNITED STATES COMMERCIAL PROVIDER.—The term
‘United States commercial provider’ means a commercial
provider, organized under the laws of the United States
or of a State, that is more than 50 percent owned by
United States nationals.
‘‘(3) ARRANGEMENTS WITH FOREIGN ENTITIES.—Nothing in
this subsection shall prevent the Administrator from negotiating or entering into human space flight transportation
arrangements with foreign entities to ensure safety of flight
and continued ISS operations.’’.
(e) COMMERCIAL CREW PROGRAM.—
(1) OBJECTIVE.—The objective of the Commercial Crew Program shall be to assist in the development and certification
of commercially provided transportation that—
(A) can carry United States government astronauts
safely, reliably, and affordably to and from the ISS;
(B) can serve as a crew rescue vehicle; and
(C) can accomplish subparagraphs (A) and (B) as soon
as practicable.
(2) PRIMARY CONSIDERATION.—The objective described in
paragraph (1) shall be the primary consideration in the acquisition strategy for the Commercial Crew Program.
(3) SAFETY.—
(A) IN GENERAL.—The Administrator shall protect the
safety of government astronauts by ensuring that each
commercially provided transportation system under this
subsection meets all applicable human rating requirements
in accordance with section 403(b)(1) of the National Aeronautics and Space Administration Authorization Act of
2010 (42 U.S.C. 18342(b)(1)).
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(B) LESSONS LEARNED.—Consistent with the findings
and recommendations of the Columbia Accident Investigation Board, the Administration shall ensure that safety
and the minimization of the probability of loss of crew
are the critical priorities of the Commercial Crew Program.
(4) COST MINIMIZATION.—The Administrator shall strive
through the competitive selection process to minimize the life
cycle cost to the Administration through the planned period
of commercially provided crew transportation services.
(f) COMMERCIAL CARGO PROGRAM.—Section 401 of the National
Aeronautics and Space Administration Authorization Act of 2010
(42 U.S.C. 18341) is amended by striking ‘‘Commercial Orbital
Transportation Services’’ and inserting ‘‘Commercial Resupply Services’’.
(g) COMPETITION.—It is the policy of the United States that,
to foster the competitive development, operation, improvement, and
commercial availability of space transportation services, and to
minimize the life cycle cost to the Administration, the Administrator
shall procure services for Federal Government access to and return
from the ISS, whenever practicable, via fair and open competition
for well-defined, milestone-based, Federal Acquisition Regulationbased contracts under section 201(a) of the National Aeronautics
and Space Administration Authorization Act of 2010 (42 U.S.C.
18311(a)).
(h) TRANSPARENCY.—
(1) SENSE OF CONGRESS.—It is the sense of Congress that
cost transparency and schedule transparency aid in effective
program management and risk assessment.
(2) IN GENERAL.—The Administrator shall, to the greatest
extent practicable and in a manner that does not add costs
or schedule delays to the program, ensure all Commercial Crew
Program and Commercial Resupply Services Program providers
provide evidence-based support for their costs and schedules.
(i) ISS CARGO RESUPPLY SERVICES LESSONS LEARNED.—Not
later than 120 days after the date of enactment of this Act, the
Administrator shall submit to the appropriate committees of Congress a report that—
(1) identifies the lessons learned to date from previous
and existing Commercial Resupply Services contracts;
(2) indicates whether changes are needed to the manner
in which the Administration procures and manages similar
services prior to the issuance of future Commercial Resupply
Services procurement opportunities; and
(3) identifies any lessons learned from the Commercial
Resupply Services contracts that should be applied to the
procurement and management of commercially provided crew
transfer services to and from the ISS or to other future procurements.
Contracts.
Deadline.
Reports.
Contracts.
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SEC. 303. ISS TRANSITION PLAN.
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(a) FINDINGS.—Congress finds that—
(1) NASA has been both the primary supplier and consumer
of human space flight capabilities and services of the ISS and
in low-Earth orbit; and
(2) according to the National Research Council report
‘‘Pathways to Exploration: Rationales and Approaches for a
U.S. Program of Human Space Exploration’’ extending ISS
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PUBLIC LAW 115–10—MAR. 21, 2017
beyond 2020 to 2024 or 2028 will have significant negative
impacts on the schedule of crewed missions to Mars, without
significant increases in funding.
(b) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) an orderly transition for United States human space
flight activities in low-Earth orbit from the current regime,
that relies heavily on NASA sponsorship, to a regime where
NASA is one of many customers of a low-Earth orbit commercial
human space flight enterprise may be necessary; and
(2) decisions about the long-term future of the ISS impact
the ability to conduct future deep space exploration activities,
and that such decisions regarding the ISS should be considered
in the context of the human exploration roadmap under section
432 of this Act.
(c) REPORTS.—Section 50111 of title 51, United States Code,
is amended by adding at the end the following:
‘‘(c) ISS TRANSITION PLAN.—
‘‘(1) IN GENERAL.—The Administrator, in coordination with
the ISS management entity (as defined in section 2 of the
National Aeronautics and Space Administration Transition
Authorization Act of 2017), ISS partners, the scientific user
community, and the commercial space sector, shall develop
a plan to transition in a step-wise approach from the current
regime that relies heavily on NASA sponsorship to a regime
where NASA could be one of many customers of a low-Earth
orbit non-governmental human space flight enterprise.
‘‘(2) REPORTS.—Not later than December 1, 2017, and
biennially thereafter until 2023, 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—
‘‘(A) a description of the progress in achieving the
Administration’s deep space human exploration objectives
on ISS and prospects for accomplishing future mission
requirements, space exploration objectives, and other
research objectives on future commercially supplied lowEarth orbit platforms or migration of those objectives to
cis-lunar space;
‘‘(B) the steps NASA is taking and will take, including
demonstrations that could be conducted on the ISS, to
stimulate and facilitate commercial demand and supply
of products and services in low-Earth orbit;
‘‘(C) an identification of barriers preventing the
commercialization of low-Earth orbit, including issues
relating to policy, regulations, commercial intellectual property, data, and confidentiality, that could inhibit the use
of the ISS as a commercial incubator;
‘‘(D) the criteria for defining the ISS as a research
success;
‘‘(E) the criteria used to determine whether the ISS
is meeting the objective under section 301(b)(2) of the
National Aeronautics and Space Administration Transition
Authorization Act of 2017;
‘‘(F) an assessment of whether the criteria under subparagraphs (D) and (E) are consistent with the research
areas defined in, and recommendations and schedules
under, the current National Academies of Sciences,
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131 STAT. 27
Coordination.
Criteria.
Criteria.
Assessment.
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131 STAT. 28
Cost estimate.
Cost estimate.
Evaluation.
Assessment.
Cost estimate.
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Evaluation.
Determination.
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Engineering, and Medicine Decadal Survey on Biological
and Physical Sciences in Space;
‘‘(G) any necessary contributions that ISS extension
would make to enabling execution of the human exploration
roadmap under section 432 of the National Aeronautics
and Space Administration Transition Authorization Act of
2017;
‘‘(H) the cost estimates for operating the ISS to achieve
the criteria required under subparagraphs (D) and (E) and
the contributions identified under subparagraph (G);
‘‘(I) the cost estimates for extending operations of the
ISS to 2024, 2028, and 2030;
‘‘(J) an evaluation of the feasible and preferred service
life of the ISS beyond the period described in section 503
of the National Aeronautics and Space Administration
Authorization Act of 2010 (42 U.S.C. 18353), through at
least 2028, as a unique scientific, commercial, and space
exploration-related facility, including—
‘‘(i) a general discussion of international partner
capabilities and prospects for extending the partnership;
‘‘(ii) the cost associated with extending the service
life;
‘‘(iii) an assessment on the technical limiting factors of the service life of the ISS, including a list
of critical components and their expected service life
and availability; and
‘‘(iv) such other information as may be necessary
to fully describe the justification for and feasibility
of extending the service life of the ISS, including the
potential scientific or technological benefits to the Federal Government, public, or to academic or commercial
entities;
‘‘(K) an identification of the necessary actions and an
estimate of the costs to deorbit the ISS once it has reached
the end of its service life;
‘‘(L) the impact on deep space exploration capabilities,
including a crewed mission to Mars in the 2030s, if the
preferred service life of the ISS is extended beyond 2024
and NASA maintains a flat budget profile; and
‘‘(M) an evaluation of the functions, roles, and responsibilities for management and operation of the ISS and
a determination of—
‘‘(i) those functions, roles, and responsibilities the
Federal Government should retain during the lifecycle
of the ISS;
‘‘(ii) those functions, roles, and responsibilities that
could be transferred to the commercial space sector;
‘‘(iii) the metrics that would indicate the commercial space sector’s readiness and ability to assume the
functions, roles, and responsibilities described in clause
(ii); and
‘‘(iv) any necessary changes to any agreements
or other documents and the law to enable the activities
described in subparagraphs (A) and (B).
‘‘(3) DEMONSTRATIONS.—If additional Government crew,
power, and transportation resources are available after meeting
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131 STAT. 29
the Administration’s requirements for ISS activities defined
in the human exploration roadmap and related research, demonstrations identified under paragraph (2) may—
‘‘(A) test the capabilities needed to meet future mission
requirements, space exploration objectives, and other
research objectives described in paragraph (2)(A); and
‘‘(B) demonstrate or test capabilities, including
commercial modules or deep space habitats, Environmental
Control and Life Support Systems, orbital satellite
assembly, exploration space suits, a node that enables a
wide variety of activity, including multiple commercial modules and airlocks, additional docking or berthing ports for
commercial crew and cargo, opportunities for the commercial space sector to cost share for transportation and other
services on the ISS, other commercial activities, or services
obtained through alternate acquisition approaches.’’.
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SEC. 304. SPACE COMMUNICATIONS.
(a) PLAN.—The Administrator shall develop a plan, in consultation with relevant Federal agencies, to meet the Administration’s
projected space communication and navigation needs for low-Earth
orbit and deep space operations in the 20-year period following
the date of enactment of this Act.
(b) CONTENTS.—The plan shall include—
(1) the lifecycle cost estimates and a 5-year funding profile;
(2) the performance capabilities required to meet the
Administration’s projected space communication and navigation
needs;
(3) the measures the Administration will take to sustain
the existing space communications and navigation architecture;
(4) an identification of the projected space communications
and navigation network and infrastructure needs;
(5) a description of the necessary upgrades to meet the
needs identified in paragraph (4), including—
(A) an estimate of the cost of the upgrades;
(B) a schedule for implementing the upgrades; and
(C) an assessment of whether and how any related
missions will be impacted if resources are not secured
at the level needed;
(6) the cost estimates for the maintenance of existing space
communications network capabilities necessary to meet the
needs identified in paragraph (4);
(7) the criteria for prioritizing resources for the upgrades
described in paragraph (5) and the maintenance described in
paragraph (6);
(8) an estimate of any reimbursement amounts the
Administration may receive from other Federal agencies;
(9) an identification of the projected Tracking and Data
Relay Satellite System needs in the 20-year period following
the date of enactment of this Act, including in support of
relevant Federal agencies, and cost and schedule estimates
to maintain and upgrade the Tracking and Data Relay Satellite
System to meet the projected needs;
(10) the measures the Administration is taking to meet
space communications needs after all Tracking and Data Relay
Satellite System third-generation communications satellites are
operational; and
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Consultation.
Time period.
Cost estimates.
Assessment.
Criteria.
Time period.
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131 STAT. 30
PUBLIC LAW 115–10—MAR. 21, 2017
(11) the measures the Administration is taking to mitigate
threats to electromagnetic spectrum use.
(c) SCHEDULE.—Not later than 1 year after the date of enactment of this Act, the Administrator shall submit the plan to the
appropriate committees of Congress.
Deadline.
SEC. 305. INDEMNIFICATION; NASA LAUNCH SERVICES AND REENTRY
SERVICES.
(a) IN GENERAL.—Subchapter III of chapter 201 of title 51,
United States Code, is amended by adding at the end the following:
51 USC 20148.
Regulations.
Contracts.
Contracts.
Notice.
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Deadline.
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‘‘§ 20148. Indemnification; NASA launch services and reentry
services
‘‘(a) IN GENERAL.—Under such regulations in conformity with
this section as the Administrator shall prescribe taking into account
the availability, cost, and terms of liability insurance, any contract
between the Administration and a provider may provide that the
United States will indemnify the provider against successful claims
(including reasonable expenses of litigation or settlement) by third
parties for death, bodily injury, or loss of or damage to property
resulting from launch services and reentry services carried out
under the contract that the contract defines as unusually hazardous
or nuclear in nature, but only to the extent the total amount
of successful claims related to the activities under the contract—
‘‘(1) is more than the amount of insurance or demonstration
of financial responsibility described in subsection (c)(3); and
‘‘(2) is not more than the amount specified in section
50915(a)(1)(B).
‘‘(b) TERMS OF INDEMNIFICATION.—A contract made under subsection (a) that provides indemnification shall provide for—
‘‘(1) notice to the United States of any claim or suit against
the provider for death, bodily injury, or loss of or damage
to property; and
‘‘(2) control of or assistance in the defense by the United
States, at its election, of that claim or suit and approval of
any settlement.
‘‘(c) LIABILITY INSURANCE OF THE PROVIDER.—
‘‘(1) IN GENERAL.—The provider under subsection (a) shall
obtain liability insurance or demonstrate financial responsibility in amounts to compensate for the maximum probable
loss from claims by—
‘‘(A) a third party for death, bodily injury, or property
damage or loss resulting from a launch service or reentry
service carried out under the contract; and
‘‘(B) the United States Government for damage or loss
to Government property resulting from a launch service
or reentry service carried out under the contract.
‘‘(2) MAXIMUM PROBABLE LOSSES.—
‘‘(A) IN GENERAL.—The Administrator shall determine
the maximum probable losses under subparagraphs (A)
and (B) of paragraph (1) not later than 90 days after
the date that the provider requests such a determination
and submits all information the Administrator requires.
‘‘(B) REVISIONS.—The Administrator may revise a
determination under subparagraph (A) of this paragraph
if the Administrator determines the revision is warranted
based on new information.
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PUBLIC LAW 115–10—MAR. 21, 2017
131 STAT. 31
‘‘(3) AMOUNT OF INSURANCE.—For the total claims related
to one launch or reentry, a provider shall not be required
to obtain insurance or demonstrate financial responsibility of
more than—
‘‘(A)(i) $500,000,000 under paragraph (1)(A); or
‘‘(ii) $100,000,000 under paragraph (1)(B); or
‘‘(B) the maximum liability insurance available on the
world market at reasonable cost.
‘‘(4) COVERAGE.—An insurance policy or demonstration of
financial responsibility under this subsection shall protect the
following, to the extent of their potential liability for involvement in launch services or reentry services:
‘‘(A) The Government.
‘‘(B) Personnel of the Government.
‘‘(C) Related entities of the Government.
‘‘(D) Related entities of the provider.
‘‘(E) Government astronauts.
‘‘(d) NO INDEMNIFICATION WITHOUT CROSS-WAIVER.—Notwithstanding subsection (a), the Administrator may not indemnify a
provider under this section unless there is a cross-waiver between
the Administration and the provider as described in subsection
(e).
‘‘(e) CROSS-WAIVERS.—
‘‘(1) IN GENERAL.—The Administrator, on behalf of the
United States and its departments, agencies, and instrumentalities, shall reciprocally waive claims with a provider under
which each party to the waiver agrees to be responsible, and
agrees to ensure that its related entities are responsible, for
damage or loss to its property, or for losses resulting from
any injury or death sustained by its employees or agents,
as a result of activities arising out of the performance of the
contract.
‘‘(2) LIMITATION.—The waiver made by the Government
under paragraph (1) shall apply only to the extent that the
claims are more than the amount of insurance or demonstration
of financial responsibility required under subsection (c)(1)(B).
‘‘(f) WILLFUL MISCONDUCT.—Indemnification under subsection
(a) may exclude claims resulting from the willful misconduct of
the provider or its related entities.
‘‘(g) CERTIFICATION OF JUST AND REASONABLE AMOUNT.—No
payment may be made under subsection (a) unless the Administrator or the Administrator’s designee certifies that the amount
is just and reasonable.
‘‘(h) PAYMENTS.—
‘‘(1) IN GENERAL.—Upon the approval by the Administrator,
payments under subsection (a) may be made from funds appropriated for such payments.
‘‘(2) LIMITATION.—The Administrator shall not approve payments under paragraph (1), except to the extent provided in
an appropriation law or to the extent additional legislative
authority is enacted providing for such payments.
‘‘(3) ADDITIONAL APPROPRIATIONS.—If the Administrator
requests additional appropriations to make payments under
this subsection, then the request for those appropriations shall
be made in accordance with the procedures established under
section 50915.
‘‘(i) RULES OF CONSTRUCTION.—
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131 STAT. 32
51 USC 20101
prec.
PUBLIC LAW 115–10—MAR. 21, 2017
‘‘(1) IN GENERAL.—The authority to indemnify under this
section shall not create any rights in third persons that would
not otherwise exist by law.
‘‘(2) OTHER AUTHORITY.—Nothing in this section may be
construed as prohibiting the Administrator from indemnifying
a provider or any other NASA contractor under other law,
including under Public Law 85–804 (50 U.S.C. 1431 et seq.).
‘‘(3) ANTI-DEFICIENCY ACT.—Notwithstanding any other
provision of this section—
‘‘(A) all obligations under this section are subject to
the availability of funds; and
‘‘(B) nothing in this section may be construed to require
obligation or payment of funds in violation of sections 1341,
1342, 1349 through 1351, and 1511 through 1519 of title
31, United States Code (commonly referred to as the ‘AntiDeficiency Act’).
‘‘(j) RELATIONSHIP TO OTHER LAWS.—The Administrator may
not provide indemnification under this section for an activity that
requires a license or permit under chapter 509.
‘‘(k) DEFINITIONS.—In this section:
‘‘(1) GOVERNMENT ASTRONAUT.—The term ‘government
astronaut’ has the meaning given the term in section 50902.
‘‘(2) LAUNCH SERVICES.—The term ‘launch services’ has the
meaning given the term in section 50902.
‘‘(3) PROVIDER.—The term ‘provider’ means a person that
provides domestic launch services or domestic reentry services
to the Government.
‘‘(4) REENTRY SERVICES.—The term ‘reentry services’ has
the meaning given the term in section 50902.
‘‘(5) RELATED ENTITY.—The term ‘related entity’ means a
contractor or subcontractor.
‘‘(6) THIRD PARTY.—The term ‘third party’ means a person
except—
‘‘(A) the United States Government;
‘‘(B) related entities of the Government involved in
launch services or reentry services;
‘‘(C) a provider;
‘‘(D) related entities of the provider involved in launch
services or reentry services; or
‘‘(E) a government astronaut.’’.
(b) CONFORMING AMENDMENT.—The table of contents for subchapter III of chapter 201 of title 51, United States Code, is
amended by inserting after the item relating to section 20147 the
following:
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‘‘20148. Indemnification; NASA launch services and reentry services.’’.
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PUBLIC LAW 115–10—MAR. 21, 2017
131 STAT. 33
TITLE IV—ADVANCING HUMAN DEEP
SPACE EXPLORATION
Subtitle A—Human Space Flight and
Exploration Goals and Objectives
SEC. 411. HUMAN SPACE FLIGHT AND EXPLORATION LONG-TERM
GOALS.
Section 202(a) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18312(a)) is amended
to read as follows:
‘‘(a) LONG-TERM GOALS.—The long-term goals of the human
space flight and exploration efforts of NASA shall be—
‘‘(1) to expand permanent human presence beyond lowEarth orbit and to do so, where practical, in a manner involving
international, academic, and industry partners;
‘‘(2) crewed missions and progress toward achieving the
goal in paragraph (1) to enable the potential for subsequent
human exploration and the extension of human presence
throughout the solar system; and
‘‘(3) to enable a capability to extend human presence,
including potential human habitation on another celestial body
and a thriving space economy in the 21st Century.’’.
SEC. 412. KEY OBJECTIVES.
Section 202(b) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18312(b)) is amended—
(1) in paragraph (3), by striking ‘‘; and’’ and inserting
a semicolon;
(2) in paragraph (4), by striking the period at the end
and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(5) to achieve human exploration of Mars and beyond
through the prioritization of those technologies and capabilities
best suited for such a mission in accordance with the stepping
stone approach to exploration under section 70504 of title 51,
United States Code.’’.
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SEC. 413. VISION FOR SPACE EXPLORATION.
Section 20302 of title 51, United States Code, is amended—
(1) in subsection (a), by inserting ‘‘in cis-lunar space or’’
after ‘‘sustained human presence’’;
(2) by amending subsection (b) to read as follows:
‘‘(b) FUTURE EXPLORATION OF MARS.—The Administrator shall
manage human space flight programs, including the Space Launch
System and Orion, to enable humans to explore Mars and other
destinations by defining a series of sustainable steps and conducting
mission planning, research, and technology development on a timetable that is technically and fiscally possible, consistent with section
70504.’’; and
(3) by adding at the end the following:
‘‘(c) DEFINITIONS.—In this section:
‘‘(1) ORION.—The term ‘Orion’ means the multipurpose crew
vehicle described under section 303 of the National Aeronautics
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131 STAT. 34
PUBLIC LAW 115–10—MAR. 21, 2017
and Space Administration Authorization Act of 2010 (42 U.S.C.
18323).
‘‘(2) SPACE LAUNCH SYSTEM.—The term ‘Space Launch
System’ means has the meaning given the term in section
3 of the National Aeronautics and Space Administration
Authorization Act of 2010 (42 U.S.C. 18302).’’.
SEC. 414. STEPPING STONE APPROACH TO EXPLORATION.
Section 70504 of title 51, United States Code, is amended
to read as follows:
‘‘§ 70504. Stepping stone approach to exploration
‘‘(a) IN GENERAL.—The Administration—
‘‘(1) may conduct missions to intermediate destinations in
sustainable steps in accordance with section 20302(b) of this
title, 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)); and
‘‘(2) shall incorporate any such missions into the human
exploration roadmap under section 432 of the National Aeronautics and Space Administration Transition Authorization Act
of 2017.
‘‘(b) COST-EFFECTIVENESS.—In order to maximize the costeffectiveness of the long-term space exploration and utilization
activities of the United States, the Administrator shall take all
necessary steps, including engaging international, academic, and
industry partners, to ensure that activities in the Administration’s
human space exploration program balance how those activities
might also help meet the requirements of future exploration and
utilization activities leading to human habitation on the surface
of Mars.
‘‘(c) 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 delays.
‘‘(d) INTERNATIONAL PARTICIPATION.—In order to achieve the
goal of successfully conducting a crewed mission to the surface
of Mars, the President may invite the United States partners in
the ISS program and other nations, as appropriate, to participate
in an international initiative under the leadership of the United
States.’’.
SEC. 415. UPDATE OF EXPLORATION PLAN AND PROGRAMS.
Section 70502(2) of title 51, United States Code, is amended
to read as follows:
‘‘(2) implement an exploration research and technology
development program to enable human and robotic operations
consistent with section 20302(b) of this title;’’.
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SEC. 416. REPEALS.
(a) SPACE SHUTTLE CAPABILITY ASSURANCE.—Section 203 of
the National Aeronautics and Space Administration Authorization
Act of 2010 (42 U.S.C. 18313) is amended—
(1) by striking subsection (b);
(2) in subsection (d), by striking ‘‘subsection (c)’’ and
inserting ‘‘subsection (b)’’; and
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(3) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively.
(b) SHUTTLE PRICING POLICY FOR COMMERCIAL AND FOREIGN
USERS.—Chapter 703 of title 51, United States Code, and the item
relating to that chapter in the table of chapters for that title,
are repealed.
(c) SHUTTLE PRIVATIZATION.—Section 50133 of title 51, United
States Code, and the item relating to that section in the table
of sections for chapter 501 of that title, are repealed.
131 STAT. 35
51 USC 50101
prec.
SEC. 417. ASSURED ACCESS TO SPACE.
Section 70501 of title 51, United States Code, is amended—
(1) by amending subsection (a) to read as follows:
‘‘(a) POLICY STATEMENT.—In order to ensure continuous United
States participation and leadership in the exploration and utilization of space and as an essential instrument of national security,
it is the policy of the United States to maintain an uninterrupted
capability for human space flight and operations—
‘‘(1) in low-Earth orbit; and
‘‘(2) beyond low-Earth orbit once the capabilities described
in section 421(f) of the National Aeronautics and Space
Administration Transition Authorization Act of 2017 become
available.’’; and
(2) in subsection (b), by striking ‘‘Committee on Science
and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate
describing the progress being made toward developing the Crew
Exploration Vehicle and the Crew Launch Vehicle’’ and
inserting ‘‘Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space,
and Technology of the House of Representatives describing
the progress being made toward developing the Space Launch
System and Orion’’.
Subtitle B—Assuring Core Capabilities for
Exploration
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SEC. 421. SPACE LAUNCH SYSTEM, ORION, AND EXPLORATION GROUND
SYSTEMS.
51 USC 20301
note.
(a) FINDINGS.—Congress makes the following findings:
(1) NASA has made steady progress in developing and
testing the Space Launch System and Orion exploration systems with the successful Exploration Flight Test of Orion in
December of 2014, the final qualification test firing of the
5-segment Space Launch System boosters in June 2016, and
a full thrust, full duration test firing of the RS–25 Space
Launch System core stage engine in August 2016.
(2) Through the 21st Century Launch Complex program
and Exploration Ground Systems programs, NASA has made
significant progress in transforming exploration ground systems
infrastructure to meet NASA’s mission requirements for the
Space Launch System and Orion and to modernize NASA’s
launch complexes to the benefit of the civil, defense, and
commercial space sectors.
(b) SPACE LAUNCH SYSTEM.—
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131 STAT. 36
PUBLIC LAW 115–10—MAR. 21, 2017
(1) SENSE OF CONGRESS.—It is the sense of Congress that
use of the Space Launch System and Orion, with contributions
from partnerships with the private sector, academia, and the
international community, is the most practical approach to
reaching the Moon, Mars, and beyond.
(2) REAFFIRMATION.—Congress reaffirms the policy and
minimum capability requirements for the Space Launch System
under section 302 of the National Aeronautics and Space
Administration Authorization Act of 2010 (42 U.S.C. 18322).
(c) SENSE OF CONGRESS ON SPACE LAUNCH SYSTEM, ORION,
AND EXPLORATION GROUND SYSTEMS.—It is the sense of Congress
that—
(1) as the United States works to send humans on a series
of missions to Mars in the 2030s, the United States national
space program should continue to make progress on its commitment by fully developing the Space Launch System, Orion,
and related Exploration Ground Systems;
(2) using the Space Launch System and Orion for a wide
range of contemplated missions will facilitate the national
defense, science, and exploration objectives of the United States;
(3) the United States should have continuity of purpose
for the Space Launch System and Orion in deep space exploration missions, using them beginning with the uncrewed mission, EM–1, planned for 2018, followed by the crewed mission,
EM–2, in cis-lunar space planned for 2021, and for subsequent
missions beginning with EM–3 extending into cis-lunar space
and eventually to Mars;
(4) the President’s annual budget requests for the Space
Launch System and Orion development, test, and operational
phases should strive to accurately reflect the resource requirements of each of those phases;
(5) the fully integrated Space Launch System, including
an upper stage needed to go beyond low-Earth orbit, will safely
enable human space exploration of the Moon, Mars, and beyond;
and
(6) the Administrator should budget for and undertake
a robust ground test and uncrewed and crewed flight test
and demonstration program for the Space Launch System and
Orion in order to promote safety and reduce programmatic
risk.
(d) IN GENERAL.—The Administrator shall continue the development of the fully integrated Space Launch System, including an
upper stage needed to go beyond low-Earth orbit, in order to safely
enable human space exploration of the Moon, Mars, and beyond
over the course of the next century as required in section 302(c)
of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18322(c)).
(e) REPORT.—
(1) IN GENERAL.—Not later than 60 days after the date
of enactment of this Act, the Administrator shall submit to
the appropriate committees of Congress a report addressing
the ability of Orion to meet the needs and the minimum capability requirements described in section 303(b)(3) of the
National Aeronautics and Space Administration Authorization
Act of 2010 (42 U.S.C. 18323(b)(3)).
(2) CONTENTS.—The report shall detail—
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PUBLIC LAW 115–10—MAR. 21, 2017
(A) those components and systems of Orion that ensure
it is in compliance with section 303(b)(3) of that Act (42
U.S.C. 18323(b)(3));
(B) the expected date that Orion, integrated with a
vehicle other than the Space Launch System, could be
available to transport crew and cargo to the ISS;
(C) any impacts to the deep space exploration missions
under subsection (f) of this section due to enabling Orion
to meet the minimum capability requirements described
in section 303(b)(3) of that Act (42 U.S.C. 18323(b)(3))
and conducting the mission described in subparagraph (B)
of this paragraph; and
(D) the overall cost and schedule impacts associated
with enabling Orion to meet the minimum capability
requirements described in section 303(b)(3) of that Act
(42 U.S.C. 18323(b)(3)) and conducting the mission
described in subparagraph (B) of this paragraph.
(f) EXPLORATION MISSIONS.—The Administrator shall continue
development of—
(1) an uncrewed exploration mission to demonstrate the
capability of both the Space Launch System and Orion as
an integrated system by 2018;
(2) subject to applicable human rating processes and
requirements, a crewed exploration mission to demonstrate the
Space Launch System, including the Core Stage and Exploration Upper Stages, by 2021;
(3) subsequent missions beginning with EM–3 at operational flight rate sufficient to maintain safety and operational
readiness using the Space Launch System and Orion to extend
into cis-lunar space and eventually to Mars; and
(4) a deep space habitat as a key element in a deep space
exploration architecture along with the Space Launch System
and Orion.
(g) OTHER USES.—The Administrator shall assess the utility
of the Space Launch System for use by the science community
and for other Federal Government launch needs, including consideration of overall cost and schedule savings from reduced transit
times and increased science returns enabled by the unique capabilities of the Space Launch System.
(h) UTILIZATION REPORT.—
(1) IN GENERAL.—The Administrator, in consultation with
the Secretary of Defense and the Director of National Intelligence, shall prepare a report that addresses the effort and
budget required to enable and utilize a cargo variant of the
130-ton Space Launch System configuration described in section
302(c) of the National Aeronautics and Space Administration
Authorization Act of 2010 (42 U.S.C. 18322(c)).
(2) CONTENTS.—In preparing the report, the Administrator
shall—
(A) consider the technical requirements of the scientific
and national security communities related to a cargo variant of the Space Launch System; and
(B) directly assess the utility and estimated cost
savings obtained by using a cargo variant of the Space
Launch System for national security and space science
missions.
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131 STAT. 37
Assessment.
Consultation.
Assessment.
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(3) SUBMISSION TO CONGRESS.—Not later than 180 days
after the date of enactment of this Act, the Administrator
shall submit the report to the appropriate committees of Congress.
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Subtitle C—Journey to Mars
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51 USC 20302
note.
SEC. 431. FINDINGS ON HUMAN SPACE EXPLORATION.
51 USC 20302
note.
SEC. 432. HUMAN EXPLORATION ROADMAP.
07:43 May 16, 2017
Congress makes the following findings:
(1) In accordance with section 204 of the National Aeronautics and Space Administration Authorization Act of 2010
(124 Stat. 2813), the National Academies of Sciences,
Engineering, and Medicine, through its Committee on Human
Spaceflight, conducted a review of the goals, core capabilities,
and direction of human space flight, and published the findings
and recommendations in a 2014 report entitled, ‘‘Pathways
to Exploration: Rationales and Approaches for a U.S. Program
of Human Space Exploration’’.
(2) The Committee on Human Spaceflight included leaders
from the aerospace, scientific, security, and policy communities.
(3) With input from the public, the Committee on Human
Spaceflight concluded that many practical and aspirational
rationales for human space flight together constitute a compelling case for continued national investment and pursuit of
human space exploration toward the horizon goal of Mars.
(4) According to the Committee on Human Spaceflight,
the rationales include economic benefits, national security,
national prestige, inspiring students and other citizens, scientific discovery, human survival, and a sense of shared destiny.
(5) The Committee on Human Spaceflight affirmed that
Mars is the appropriate long-term goal for the human space
flight program.
(6) The Committee on Human Spaceflight recommended
that NASA define a series of sustainable steps and conduct
mission planning and technology development as needed to
achieve the long-term goal of placing humans on the surface
of Mars.
(7) Expanding human presence beyond low-Earth orbit and
advancing toward human missions to Mars requires early planning and timely decisions to be made in the near-term on
the necessary courses of action for commitments to achieve
short-term and long-term goals and objectives.
(8) In addition to the 2014 report described in paragraph
(1), there are several independently developed reports or concepts that describe potential Mars architectures or concepts
and identify Mars as the long-term goal for human space exploration, including NASA’s ‘‘The Global Exploration Roadmap’’
of 2013, ‘‘NASA’s Journey to Mars–Pioneering Next Steps in
Space Exploration’’ of 2015, NASA Jet Propulsion Laboratory’s
‘‘Minimal Architecture for Human Journeys to Mars’’ of 2015,
and Explore Mars’ ‘‘The Humans to Mars Report 2016’’.
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(a) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) expanding human presence beyond low-Earth orbit and
advancing toward human missions to Mars in the 2030s
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PUBLIC LAW 115–10—MAR. 21, 2017
requires early strategic planning and timely decisions to be
made in the near-term on the necessary courses of action for
commitments to achieve short-term and long-term goals and
objectives;
(2) for strong and sustained United States leadership, a
need exists to advance a human exploration roadmap,
addressing exploration objectives in collaboration with international, academic, and industry partners;
(3) an approach that incrementally advances toward a longterm goal is one in which nearer-term developments and
implementation would influence future development and
implementation; and
(4) a human exploration roadmap should begin with lowEarth orbit, then address in greater detail progress beyond
low-Earth orbit to cis-lunar space, and then address future
missions aimed at human arrival and activities near and then
on the surface of Mars.
(b) HUMAN EXPLORATION ROADMAP.—
(1) IN GENERAL.—The Administrator shall develop a human
exploration roadmap, including a critical decision plan, to
expand human presence beyond low-Earth orbit to the surface
of Mars and beyond, considering potential interim destinations
such as cis-lunar space and the moons of Mars.
(2) SCOPE.—The human exploration roadmap shall
include—
(A) an integrated set of exploration, science, and other
goals and objectives of a United States human space exploration program to achieve the long-term goal of human
missions near or on the surface of Mars in the 2030s;
(B) opportunities for international, academic, and
industry partnerships for exploration-related systems, services, research, and technology if those opportunities provide
cost-savings, accelerate program schedules, or otherwise
benefit the goals and objectives developed under subparagraph (A);
(C) sets and sequences of precursor missions in cislunar space and other missions or activities necessary—
(i) to demonstrate the proficiency of the capabilities
and technologies identified under subparagraph (D);
and
(ii) to meet the goals and objectives developed
under subparagraph (A), including anticipated
timelines and missions for the Space Launch System
and Orion;
(D) an identification of the specific capabilities and
technologies, including the Space Launch System, Orion,
a deep space habitat, and other capabilities, that facilitate
the goals and objectives developed under subparagraph
(A);
(E) a description of how cis-lunar elements, objectives,
and activities advance the human exploration of Mars;
(F) an assessment of potential human health and other
risks, including radiation exposure;
(G) mitigation plans, whenever possible, to address
the risks identified in subparagraph (F);
(H) a description of those technologies already under
development across the Federal Government or by other
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131 STAT. 39
Plan.
Assessment.
Mitigation plans.
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131 STAT. 40
entities that facilitate the goals and objectives developed
under subparagraph (A);
(I) a specific process for the evolution of the capabilities
of the fully integrated Orion with the Space Launch System
and a description of how these systems facilitate the goals
and objectives developed under subparagraph (A) and demonstrate the capabilities and technologies described in
subparagraph (D);
(J) a description of the capabilities and technologies
that need to be demonstrated or research data that could
be gained through the utilization of the ISS and the status
of the development of such capabilities and technologies;
(K) a framework for international cooperation in the
development of all capabilities and technologies identified
under this section, including an assessment of the risks
posed by relying on international partners for capabilities
and technologies on the critical path of development;
(L) a process for partnering with nongovernmental entities using Space Act Agreements or other acquisition
instruments for future human space exploration; and
(M) include information on the phasing of planned
intermediate destinations, Mars mission risk areas and
potential risk mitigation approaches, technology requirements and phasing of required technology development
activities, the management strategy to be followed, related
ISS activities, planned international collaborative activities, potential commercial contributions, and other activities relevant to the achievement of the goal established
in this section.
(3) CONSIDERATIONS.—In developing the human exploration
roadmap, the Administrator shall consider—
(A) using key exploration capabilities, namely the
Space Launch System and Orion;
(B) using existing commercially available technologies
and capabilities or those technologies and capabilities being
developed by industry for commercial purposes;
(C) establishing an organizational approach to ensure
collaboration and coordination among NASA’s Mission
Directorates under section 821, when appropriate,
including to collect and return to Earth a sample from
the Martian surface;
(D) building upon the initial uncrewed mission, EM–
1, and first crewed mission, EM–2, of the Space Launch
System and Orion to establish a sustainable cadence of
missions extending human exploration missions into cislunar space, including anticipated timelines and milestones;
(E) developing the robotic and precursor missions and
activities that will demonstrate, test, and develop key technologies and capabilities essential for achieving human
missions to Mars, including long-duration human operations beyond low-Earth orbit, space suits, solar electric
propulsion, deep space habitats, environmental control life
support systems, Mars lander and ascent vehicle, entry,
descent, landing, ascent, Mars surface systems, and insitu resource utilization;
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PUBLIC LAW 115–10—MAR. 21, 2017
(F) demonstrating and testing 1 or more habitat modules in cis-lunar space to prepare for Mars missions;
(G) using public-private, firm fixed-price partnerships,
where practicable;
(H) collaborating with international, academic, and
industry partners, when appropriate;
(I) any risks to human health and sensitive onboard
technologies, including radiation exposure;
(J) any risks identified through research outcomes
under the NASA Human Research Program’s Behavioral
Health Element; and
(K) the recommendations and ideas of several
independently developed reports or concepts that describe
potential Mars architectures or concepts and identify Mars
as the long-term goal for human space exploration,
including the reports described under section 431.
(4) CRITICAL DECISION PLAN ON HUMAN SPACE EXPLORATION.—As part of the human exploration roadmap, the
Administrator shall include a critical decision plan—
(A) identifying and defining key decisions guiding
human space exploration priorities and plans that need
to be made before June 30, 2020, including decisions that
may guide human space exploration capability development, precursor missions, long-term missions, and activities;
(B) defining decisions needed to maximize efficiencies
and resources for reaching the near, intermediate, and
long-term goals and objectives of human space exploration;
and
(C) identifying and defining timelines and milestones
for a sustainable cadence of missions beginning with EM–
3 for the Space Launch System and Orion to extend human
exploration from cis-lunar space to the surface of Mars.
(5) REPORTS.—
(A) INITIAL HUMAN EXPLORATION ROADMAP.—The
Administrator shall submit to the appropriate committees
of Congress—
(i) an initial human exploration roadmap,
including a critical decision plan, before December 1,
2017; and
(ii) an updated human exploration roadmap
periodically as the Administrator considers necessary
but not less than biennially.
(B) CONTENTS.—Each human exploration roadmap
under this paragraph shall include a description of—
(i) the achievements and goals accomplished in
the process of developing such capabilities and technologies during the 2-year period prior to the submission of the human exploration roadmap; and
(ii) the expected goals and achievements in the
following 2- year period.
(C) SUBMISSION WITH BUDGET.—Each human exploration roadmap under this section shall be included in
the budget for that fiscal year transmitted to Congress
under section 1105(a) of title 31, United States Code.
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131 STAT. 41
Deadline.
Plan.
Time periods.
PUBL010
131 STAT. 42
Deadline.
Plan.
Evaluation.
PUBLIC LAW 115–10—MAR. 21, 2017
SEC. 433. ADVANCED SPACE SUIT CAPABILITY.
Not later than 90 days after the date of enactment of this
Act, the Administrator shall submit to the appropriate committees
of Congress a detailed plan for achieving an advanced space suit
capability that aligns with the crew needs for exploration enabled
by the Space Launch System and Orion, including an evaluation
of the merit of delivering the planned suit system for use on
the ISS.
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SEC. 434. ASTEROID ROBOTIC REDIRECT MISSION.
(a) FINDINGS.—Congress makes the following findings:
(1) NASA initially estimated that the Asteroid Robotic
Redirect Mission would launch in December 2020 and cost
no more than $1,250,000,000, excluding launch and operations.
(2) On July 15, 2016, NASA conducted its Key Decision
Point–B review of the Asteroid Robotic Redirect Mission or
approval for Phase B in mission formulation.
(3) During the Key Decision Point–B review, NASA estimated that costs have grown to $1,400,000,000 excluding
launch and operations for a launch in December 2021 and
the agency must evaluate whether to accept the increase or
reduce the Asteroid Robotic Redirect Mission’s scope to stay
within the cost cap set by the Administrator.
(4) In April 2015, the NASA Advisory Council—
(A) issued a finding that—
(i) high-performance solar electric propulsion will
likely be an important part of an architecture to send
humans to Mars; and
(ii) maneuvering a large test mass is not necessary
to provide a valid in-space test of a new solar electric
propulsion stage;
(B) determined that a solar electric propulsion mission
will contribute more directly to the goal of sending humans
to Mars if the mission is focused entirely on development
and validation of the solar electric propulsion stage; and
(C) determined that other possible motivations for
acquiring and maneuvering a boulder, such as asteroid
science and planetary defense, do not have value commensurate with their probable cost.
(5) The Asteroid Robotic Redirect Mission is competing
for resources with other critical exploration development programs, including the Space Launch System, Orion, commercial
crew, and a habitation module.
(6) In 2014, the NASA Advisory Council recommended that
NASA conduct an independent cost and technical assessment
of the Asteroid Robotic Redirect Mission.
(7) In 2015, the NASA Advisory Council recommended that
NASA preserve the following key objectives if the program
needed to be descoped:
(A) Development of high power solar electric propulsion.
(B) Ability to maneuver in a low gravity environment
in deep space.
(8) In January 2015 and July 2015, the NASA Advisory
Council expressed its concern to NASA about the potential
for growing costs for the program and highlighted that choices
would need to be made about the program’s content.
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PUBLIC LAW 115–10—MAR. 21, 2017
(b) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) the technological and scientific goals of the Asteroid
Robotic Redirect Mission have not been demonstrated to Congress to be commensurate with the cost; and
(2) alternative missions may provide a more cost effective
and scientifically beneficial means to demonstrate the technologies needed for a human mission to Mars that would otherwise be demonstrated by the Asteroid Robotic Redirect Mission.
(c) EVALUATION AND REPORT.—Not later than 180 days after
the date of enactment of this Act, the Administrator shall—
(1) conduct an evaluation of—
(A) alternative approaches to the Asteroid Robotic
Redirect Mission for demonstrating the technologies and
capabilities needed for a human mission to Mars that would
otherwise be demonstrated by the Asteroid Robotic Redirect
Mission;
(B) the scientific and technical benefits of the alternative approaches under subparagraph (A) to future human
space exploration compared to scientific and technical benefits of the Asteroid Redirect Robotic Mission;
(C) the commercial benefits of the alternative
approaches identified in subparagraph (A), including the
impact on the development of domestic solar electric propulsion technology to bolster United States competitiveness
in the global marketplace; and
(D) a comparison of the estimated costs of the alternative approaches identified in subparagraph (A); and
(2) submit to the appropriate committees of Congress a
report on the evaluation under paragraph (1), including any
recommendations.
131 STAT. 43
Recommendations.
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SEC. 435. MARS 2033 REPORT.
(a) IN GENERAL.—Not later than 120 days after the date of
enactment of this Act, the Administrator shall contract with an
independent, non-governmental systems engineering and technical
assistance organization to study a Mars human space flight mission
to be launched in 2033.
(b) CONTENTS.—The study shall include—
(1) a technical development, test, fielding, and operations
plan using the Space Launch System, Orion, and other systems
to successfully launch such a Mars human space flight mission
by 2033;
(2) an annual budget profile, including cost estimates, for
the technical development, test, fielding, and operations plan
to carry out a Mars human space flight mission by 2033;
and
(3) a comparison of the annual budget profile to the 5year budget profile contained in the President’s budget request
for fiscal year 2017 under section 1105 of title 31, United
States Code.
(c) REPORT.—Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to the appropriate
committees of Congress a report on the study, including findings
and recommendations regarding the Mars 2033 human space flight
mission described in subsection (a).
(d) ASSESSMENT.—Not later than 60 days after the date the
report is submitted under subsection (c), the Administrator shall
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Contracts.
Study.
Plan.
Cost estimates.
Recommendations.
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131 STAT. 44
PUBLIC LAW 115–10—MAR. 21, 2017
submit to the appropriate committees of Congress an assessment
by the NASA Advisory Council of whether the proposal for a Mars
human space flight mission to be launched in 2033 is in the strategic
interests of the United States in space exploration.
To Research,
Evaluate, Assess,
and Treat
Astronauts Act.
51 USC 10101
note.
Subtitle D—TREAT Astronauts Act
SEC. 441. SHORT TITLE.
This subtitle may be cited as the ‘‘To Research, Evaluate,
Assess, and Treat Astronauts Act’’ or the ‘‘TREAT Astronauts Act’’.
SEC. 442. FINDINGS; SENSE OF CONGRESS.
(a) FINDINGS.—Congress makes the following findings:
(1) Human space exploration can pose significant challenges and is full of substantial risk, which has ultimately
claimed the lives of 24 NASA astronauts serving in the line
of duty.
(2) As United States government astronauts participate
in long-duration and exploration space flight missions they
may experience increased health risks, such as vision impairment, bone demineralization, and behavioral health and
performance risks, and may be exposed to galactic cosmic radiation. Exposure to high levels of radiation and microgravity
can result in acute and long-term health consequences that
can increase the risk of cancer and tissue degeneration and
have potential effects on the musculoskeletal system, central
nervous system, cardiovascular system, immune function, and
vision.
(3) To advance the goal of long-duration and exploration
space flight missions, United States government astronaut Scott
Kelly participated in a 1-year twins study in space while his
identical twin brother, former United States government astronaut Mark Kelly, acted as a human control specimen on Earth,
providing an understanding of the physical, behavioral, microbiological, and molecular reaction of the human body to an
extended period of time in space.
(4) Since the Administration currently provides medical
monitoring, diagnosis, and treatment for United States government astronauts during their active employment, given the
unknown long-term health consequences of long-duration space
exploration, the Administration has requested statutory
authority from Congress to provide medical monitoring, diagnosis, and treatment to former United States government astronauts for psychological and medical conditions associated with
human space flight.
(b) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) the United States should continue to seek the unknown
and lead the world in space exploration and scientific discovery
as the Administration prepares for long-duration and exploration space flight in deep space and an eventual mission
to Mars;
(2) data relating to the health of astronauts will become
increasingly valuable to improving our understanding of many
diseases humans face on Earth;
(3) the Administration should provide the type of monitoring, diagnosis, and treatment described in subsection (a)
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Scott Kelly.
Mark Kelly.
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131 STAT. 45
only for conditions the Administration considers unique to the
training or exposure to the space flight environment of United
States government astronauts and should not require any
former United States Government astronauts to participate
in the Administration’s monitoring;
(4) such monitoring, diagnosis, and treatment should not
replace a former United States government astronaut’s private
health insurance;
(5) expanded data acquired from such monitoring, diagnosis, and treatment should be used to tailor treatment, inform
the requirements for new space flight medical hardware, and
develop controls in order to prevent disease occurrence in the
astronaut corps; and
(6) the 340-day space mission of Scott Kelly aboard the
ISS—
(A) was pivotal for the goal of the United States for
humans to explore deep space and Mars as the mission
generated new insight into how the human body adjusts
to weightlessness, isolation, radiation, and the stress of
long-duration space flight; and
(B) will help support the physical and mental wellbeing of astronauts during longer space exploration missions in the future.
SEC. 443. MEDICAL MONITORING AND RESEARCH RELATING TO
HUMAN SPACE FLIGHT.
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(a) IN GENERAL.—Subchapter III of chapter 201 of title 51,
United States Code, as amended by section 305 of this Act, is
further amended by adding at the end the following:
‘‘§ 20149. Medical monitoring and research relating to human
space flight
‘‘(a) IN GENERAL.—Notwithstanding any other provision of law,
the Administrator may provide for—
‘‘(1) the medical monitoring and diagnosis of a former
United States government astronaut or a former payload specialist for conditions that the Administrator considers potentially associated with human space flight; and
‘‘(2) the treatment of a former United States government
astronaut or a former payload specialist for conditions that
the Administrator considers associated with human space flight,
including scientific and medical tests for psychological and medical conditions.
‘‘(b) REQUIREMENTS.—
‘‘(1) NO COST SHARING.—The medical monitoring, diagnosis,
or treatment described in subsection (a) shall be provided without any deductible, copayment, or other cost sharing obligation.
‘‘(2) ACCESS TO LOCAL SERVICES.—The medical monitoring,
diagnosis, and treatment described in subsection (a) may be
provided by a local health care provider if it is unadvisable
due to the health of the applicable former United States government astronaut or former payload specialist for that former
United States government astronaut or former payload specialist to travel to the Lyndon B. Johnson Space Center, as
determined by the Administrator.
‘‘(3) SECONDARY PAYMENT.—Payment or reimbursement for
the medical monitoring, diagnosis, or treatment described in
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131 STAT. 46
PUBLIC LAW 115–10—MAR. 21, 2017
subsection (a) shall be secondary to any obligation of the United
States Government or any third party under any other provision
of law or contractual agreement to pay for or provide such
medical monitoring, diagnosis, or treatment. Any costs for items
and services that may be provided by the Administrator for
medical monitoring, diagnosis, or treatment under subsection
(a) that are not paid for or provided under such other provision
of law or contractual agreement, due to the application of
deductibles, copayments, coinsurance, other cost sharing, or
otherwise, are reimbursable by the Administrator on behalf
of the former United States government astronaut or former
payload specialist involved to the extent such items or services
are authorized to be provided by the Administrator for such
medical monitoring, diagnosis, or treatment under subsection
(a).
‘‘(4) CONDITIONAL PAYMENT.—The Administrator may provide for conditional payments for or provide medical monitoring,
diagnosis, or treatment described in subsection (a) that is obligated to be paid for or provided by the United States or any
third party under any other provision of law or contractual
agreement to pay for or provide such medical monitoring, diagnosis, or treatment if—
‘‘(A) payment for (or the provision of) such medical
monitoring, diagnosis, or treatment services has not been
made (or provided) or cannot reasonably be expected to
be made (or provided) promptly by the United States or
such third party, respectively; and
‘‘(B) such payment (or such provision of services) by
the Administrator is conditioned on reimbursement by the
United States or such third party, respectively, for such
medical monitoring, diagnosis, or treatment.
‘‘(c) EXCLUSIONS.—The Administrator may not—
‘‘(1) provide for medical monitoring or diagnosis of a former
United States government astronaut or former payload specialist under subsection (a) for any psychological or medical
condition that is not potentially associated with human space
flight;
‘‘(2) provide for treatment of a former United States government astronaut or former payload specialist under subsection
(a) for any psychological or medical condition that is not associated with human space flight; or
‘‘(3) require a former United States government astronaut
or former payload specialist to participate in the medical monitoring, diagnosis, or treatment authorized under subsection
(a).
‘‘(d) PRIVACY.—Consistent with applicable provisions of Federal
law relating to privacy, the Administrator shall protect the privacy
of all medical records generated under subsection (a) and accessible
to the Administration.
‘‘(e) REGULATIONS.—The Administrator shall promulgate such
regulations as are necessary to carry out this section.
‘‘(f) DEFINITION OF UNITED STATES GOVERNMENT ASTRONAUT.—
In this section, the term ‘United States government astronaut’
has the meaning given the term ‘government astronaut’ in section
50902, except it does not include an individual who is an international partner astronaut.
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131 STAT. 47
‘‘(g) DATA USE AND DISCLOSURE.—The Administrator may use
or disclose data acquired in the course of medical monitoring, diagnosis, or treatment of a former United States government astronaut
or a former payload specialist under subsection (a), in accordance
with subsection (d). Former United States government astronaut
or former payload specialist participation in medical monitoring,
diagnosis, or treatment under subsection (a) shall constitute consent
for the Administrator to use or disclose such data.’’.
(b) TABLE OF CONTENTS.—The table of contents for chapter
201 of title 51, United States Code, as amended by section 305
of this Act, is further amended by inserting after the item relating
to section 20148 the following:
51 USC 20101
prec.
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‘‘20149. Medical monitoring and research relating to human space flight.’’.
(c) ANNUAL REPORTS.—
(1) IN GENERAL.—Each fiscal year, not later than the date
of submission of the President’s annual budget request for
that fiscal year under section 1105 of title 31, United States
Code, the Administrator shall publish a report, in accordance
with applicable Federal privacy laws, on the activities of the
Administration under section 20149 of title 51, United States
Code.
(2) CONTENTS.—Each report under paragraph (1) shall
include a detailed cost accounting of the Administration’s activities under section 20149 of title 51, United States Code, and
a 5-year budget estimate.
(3) SUBMISSION TO CONGRESS.—The Administrator shall
submit to the appropriate committees of Congress each report
under paragraph (1) not later than the date of submission
of the President’s annual budget request for that fiscal year
under section 1105 of title 31, United States Code.
(d) COST ESTIMATE.—
(1) REQUIREMENT.—Not later than 90 days after the date
of enactment of this Act, the Administrator shall enter into
an arrangement with an independent external organization
to undertake an independent cost estimate of the cost to the
Administration and the Federal Government to implement and
administer the activities of the Administration under section
20149 of title 51, United States Code. The independent external
organization may not be a NASA entity, such as the Office
of Safety and Mission Assurance.
(2) SUBMITTAL TO CONGRESS.—Not later than 1 year after
the date of the enactment of this Act, the Administrator shall
submit to the appropriate committees of Congress the independent cost estimate under paragraph (1).
(e) PRIVACY STUDY.—
(1) STUDY.—The Administrator shall carry out a study
on any potential privacy or legal issues related to the possible
sharing beyond the Federal Government of data acquired under
the activities of the Administration under section 20149 of
title 51, United States Code.
(2) REPORT.—Not later than 270 days after the date of
enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report containing the
results of the study carried out under paragraph (1).
(f) INSPECTOR GENERAL AUDIT.—The Inspector General of
NASA shall periodically audit or review, as the Inspector General
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51 USC 20149
note.
Budget estimate.
51 USC 20149
note.
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PUBLIC LAW 115–10—MAR. 21, 2017
considers necessary to prevent waste, fraud, and abuse, the activities of the Administration under section 20149 of title 51, United
States Code.
TITLE V—ADVANCING SPACE SCIENCE
51 USC 20301
note.
51 USC 20301
note.
SEC. 501. MAINTAINING A BALANCED SPACE SCIENCE PORTFOLIO.
(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 National Academies of Sciences, Engineering, and
Medicine’s decadal surveys.
(b) POLICY.—It is the policy of the United States to ensure,
to the extent practicable, a steady cadence of large, medium, and
small science missions.
SEC. 502. PLANETARY SCIENCE.
(a) FINDINGS.—Congress finds that—
(1) Administration support for planetary science is critical
to enabling greater understanding of the solar system and
the origin of the Earth;
(2) the United States leads the world in planetary science
and can augment its success in that area with appropriate
international, academic, and industry partnerships;
(3) a mix of small, medium, and large planetary science
missions is required to sustain a steady cadence of planetary
exploration; and
(4) robotic planetary exploration is a key component of
preparing for future human exploration.
(b) MISSION PRIORITIES.—
(1) IN GENERAL.—In accordance with the priorities established in the most recent Planetary Science Decadal Survey,
the Administrator shall ensure, to the greatest extent practicable, the completion of a balanced set of Discovery, New
Frontiers, and Flagship missions at the cadence recommended
by the most recent Planetary Science Decadal Survey.
(2) MISSION PRIORITY ADJUSTMENTS.—Consistent with the
set of missions described in paragraph (1), and while
maintaining the continuity of scientific data and steady development of capabilities and technologies, the Administrator may
seek, if necessary, adjustments to mission priorities, schedule,
and scope in light of changing budget projections.
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SEC. 503. JAMES WEBB SPACE TELESCOPE.
It is the sense of Congress that—
(1) the James Webb Space Telescope will—
(A) significantly advance our understanding of star
and planet formation, and improve our knowledge of the
early universe; and
(B) support United States leadership in astrophysics;
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131 STAT. 49
(2) consistent with annual Government Accountability
Office reviews of the James Webb Space Telescope program,
the Administrator should continue robust surveillance of the
performance of the James Webb Space Telescope project and
continue to improve the reliability of cost estimates and contractor performance data and other major space flight projects
in order to enhance NASA’s ability to successfully deliver the
James Webb Space Telescope on-time and within budget;
(3) the on-time and on-budget delivery of the James Webb
Space Telescope is a high congressional priority; and
(4) the Administrator should ensure that integrated testing
is appropriately timed and sufficiently comprehensive to enable
potential issues to be identified and addressed early enough
to be handled within the James Webb Space Telescope’s
development schedule and prior to its launch.
SEC. 504. WIDE-FIELD INFRARED SURVEY TELESCOPE.
(a) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) the Wide-Field Infrared Survey Telescope (referred to
in this section as ‘‘WFIRST’’) mission has the potential to
enable scientific discoveries that will transform our understanding of the universe; and
(2) the Administrator, to the extent practicable, should
make progress on the technologies and capabilities needed to
position the Administration to meet the objectives, as outlined
in the 2010 National Academies’ Astronomy and Astrophysics
Decadal Survey, in a way that maximizes the scientific productivity of meeting those objectives for the resources invested.
(b) CONTINUITY OF DEVELOPMENT.—The Administrator shall
ensure that the concept definition and pre-formulation activities
of the WFIRST mission continue while the James Webb Space
Telescope is being completed.
SEC. 505. MARS 2020 ROVER.
It is the sense of Congress that—
(1) the Mars 2020 mission, to develop a Mars rover and
to enable the return of samples to Earth, should remain a
priority for NASA; and
(2) the Mars 2020 mission—
(A) should significantly increase our understanding of
Mars;
(B) should help determine whether life previously
existed on that planet; and
(C) should provide opportunities to gather knowledge
and demonstrate technologies that address the challenges
of future human expeditions to Mars.
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SEC. 506. EUROPA.
(a) FINDINGS.—Congress makes the following findings:
(1) Studies of Europa, Jupiter’s moon, indicate that Europa
may provide a habitable environment, as it contains key
ingredients known to support life.
(2) In 2012, using the Hubble Space Telescope, NASA scientists observed water vapor around the south polar region
of Europa, which provides potential evidence of water plumes
in that region.
(3) For decades, the Europa mission has consistently
ranked as a high priority mission for the scientific community.
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PUBLIC LAW 115–10—MAR. 21, 2017
(4) The Europa mission was ranked as the top priority
mission in the previous Planetary Science Decadal Survey and
ranked as the second-highest priority in the current Planetary
Science Decadal Survey.
(b) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) the Europa mission could provide another avenue in
which to capitalize on our Nation’s current investment in the
Space Launch System that would significantly reduce the
transit time for such a deep space mission; and
(2) a scientific, robotic exploration mission to Europa, as
prioritized in both Planetary Science Decadal Surveys, should
be supported.
SEC. 507. CONGRESSIONAL DECLARATION OF POLICY AND PURPOSE.
Section 20102(d) of title 51, United States Code, is amended
by adding at the end the following:
‘‘(10) The search for life’s origin, evolution, distribution,
and future in the universe.’’.
51 USC 20301
note.
Recommendations.
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note.
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SEC. 508. EXTRASOLAR PLANET EXPLORATION STRATEGY.
(a) STRATEGY.—
(1) IN GENERAL.—The Administrator shall enter into an
arrangement with the National Academies to develop a science
strategy for the study and exploration of extrasolar planets,
including the use of the Transiting Exoplanet Survey Satellite,
the James Webb Space Telescope, a potential Wide-Field
Infrared Survey Telescope mission, or any other telescope,
spacecraft, or instrument, as appropriate.
(2) REQUIREMENTS.—The strategy shall—
(A) outline key scientific questions;
(B) identify the most promising research in the field;
(C) indicate the extent to which the mission priorities
in existing decadal surveys address the key extrasolar
planet research and exploration goals;
(D) identify opportunities for coordination with international partners, commercial partners, and not-for-profit
partners; and
(E) make recommendations regarding the activities
under subparagraphs (A) through (D), as appropriate.
(b) USE OF STRATEGY.—The Administrator shall use the
strategy—
(1) to inform roadmaps, strategic plans, and other activities
of the Administration as they relate to extrasolar planet
research and exploration; and
(2) to provide a foundation for future activities and initiatives related to extrasolar planet research and exploration.
(c) REPORT TO CONGRESS.—Not later than 18 months after
the date of enactment of this Act, the National Academies shall
submit to the Administrator and to the appropriate committees
of Congress a report containing the strategy developed under subsection (a).
SEC. 509. ASTROBIOLOGY STRATEGY.
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(a) STRATEGY.—
(1) IN GENERAL.—The Administrator shall enter into an
arrangement with the National Academies to develop a science
strategy for astrobiology that would outline key scientific questions, identify the most promising research in the field, and
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131 STAT. 51
indicate the extent to which the mission priorities in existing
decadal surveys address the search for life’s origin, evolution,
distribution, and future in the Universe.
(2) RECOMMENDATIONS.—The strategy shall include recommendations for coordination with international partners.
(b) USE OF STRATEGY.—The Administrator shall use the
strategy developed under subsection (a) in planning and funding
research and other activities and initiatives in the field of
astrobiology.
(c) REPORT TO CONGRESS.—Not later than 18 months after
the date of enactment of this Act, the National Academies shall
submit to the Administrator and to the appropriate committees
of Congress a report containing the strategy developed under subsection (a).
SEC. 510. ASTROBIOLOGY PUBLIC-PRIVATE PARTNERSHIPS.
Not later than 180 days after the date of enactment of this
Act, the Administrator shall submit to the appropriate committees
of Congress a report describing how the Administration can expand
collaborative partnerships to study life’s origin, evolution, distribution, and future in the universe.
Deadline.
Reports.
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SEC. 511. NEAR-EARTH OBJECTS.
Section 321 of the National Aeronautics and Space Administration Authorization Act of 2005 (51 U.S.C. note prec. 71101) is
amended by adding at the end the following:
‘‘(e) PROGRAM REPORT.—The Director of the Office of Science
and Technology Policy and 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, not later than 1 year after the date of enactment
of the National Aeronautics and Space Administration Transition
Authorization Act of 2017, an initial report that provides—
‘‘(1) recommendations for carrying out the Survey program
and an associated proposed budget;
‘‘(2) an analysis of possible options that the Administration
could employ to divert an object on a likely collision course
with Earth; and
‘‘(3) a description of the status of efforts to coordinate
and cooperate with other countries to discover hazardous
asteroids and comets, plan a mitigation strategy, and implement that strategy in the event of the discovery of an object
on a likely collision course with Earth.
‘‘(f) ANNUAL REPORTS.—After the initial report under subsection
(e), the Administrator shall annually transmit 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—
‘‘(1) a summary of all activities carried out under subsection
(d) since the date of enactment of the National Aeronautics
and Space Administration Transition Authorization Act of 2017,
including the progress toward achieving 90 percent completion
of the survey described in subsection (d); and
‘‘(2) a summary of expenditures for all activities carried
out under subsection (d) since the date of enactment of the
National Aeronautics and Space Administration Transition
Authorization Act of 2017.
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51 USC 71101
note prec.
Recommendations.
Analysis.
Strategy.
Summaries.
PUBL010
131 STAT. 52
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PUBLIC LAW 115–10—MAR. 21, 2017
‘‘(g) ASSESSMENT.—The Administrator, in collaboration with
other relevant Federal agencies, shall carry out a technical and
scientific assessment of the capabilities and resources—
‘‘(1) to accelerate the survey described in subsection (d);
and
‘‘(2) to expand the Administration’s Near-Earth Object Program to include the detection, tracking, cataloguing, and
characterization of potentially hazardous near-Earth objects
less than 140 meters in diameter.
‘‘(h) TRANSMITTAL.—Not later than 270 days after the date
of enactment of the National Aeronautics and Space Administration
Transition Authorization Act of 2017, the Administrator shall
transmit the results of the assessment under subsection (g) to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Science, Space, and Technology of
the House of Representatives.’’.
SEC. 512. NEAR-EARTH OBJECTS PUBLIC-PRIVATE PARTNERSHIPS.
(a) SENSE OF CONGRESS.—It is the sense of Congress that
the Administration should seek to leverage the capabilities of the
private sector and philanthropic organizations to the maximum
extent practicable in carrying out the Near-Earth Object Survey
Program in order to meet the goal of that program under section
321(d)(1) of the National Aeronautics and Space Administration
Authorization Act of 2005 (51 U.S.C. note prec. 71101(d)(1)).
(b) REPORT.—Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to the appropriate
committees of Congress a report describing how the Administration
can expand collaborative partnerships to detect, track, catalogue,
and categorize near-Earth objects.
SEC. 513. ASSESSMENT OF SCIENCE MISSION EXTENSIONS.
Section 30504 of title 51, United States Code, is amended
to read as follows:
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Deadline.
Reviews.
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‘‘§ 30504. Assessment of science mission extensions
‘‘(a) ASSESSMENTS.—
‘‘(1) IN GENERAL.—The Administrator shall carry out triennial reviews within each of the Science divisions to assess
the cost and benefits of extending the date of the termination
of data collection for those missions that exceed their planned
missions’ lifetime.
‘‘(2) CONSIDERATIONS.—In conducting an assessment under
paragraph (1), the Administrator shall consider whether and
how extending missions impacts the start of future missions.
‘‘(b) CONSULTATION AND CONSIDERATION OF POTENTIAL BENEFITS OF INSTRUMENTS ON MISSIONS.—When deciding whether to
extend a mission that has an operational component, the Administrator shall—
‘‘(1) consult with any affected Federal agency; and
‘‘(2) take into account the potential benefits of instruments
on missions that are beyond their planned mission lifetime.
‘‘(c) REPORTS.—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, at the same time as the submission to Congress
of the Administration’s annual budget request for each fiscal year,
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131 STAT. 53
a report detailing any assessment under subsection (a) that was
carried out during the previous year.’’.
SEC.
514.
STRATOSPHERIC
ASTRONOMY.
OBSERVATORY
FOR
INFRARED
Termination
date.
The Administrator may not terminate science operations of
the Stratospheric Observatory for Infrared Astronomy before
December 31, 2017.
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SEC. 515. RADIOISOTOPE POWER SYSTEMS.
(a) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) exploration of the outer reaches of the solar system
is enabled by radioisotope power systems;
(2) establishing continuity in the production of the material
needed for radioisotope power systems is essential to
maintaining the availability of such systems for future deep
space exploration missions; and
(3) Federal agencies supporting the Administration through
the production of such material should do so in a cost effective
manner so as not to impose excessive reimbursement requirements on the Administration.
(b) ANALYSIS OF REQUIREMENTS AND RISKS.—The Director of
the Office of Science and Technology Policy and the Administrator,
in consultation with the heads of other Federal agencies, shall
conduct an analysis of—
(1) the requirements of the Administration for radioisotope
power system material that is needed to carry out planned,
high priority robotic missions in the solar system and other
surface exploration activities beyond low-Earth orbit; and
(2) the risks to missions of the Administration in meeting
those requirements, or any additional requirements, due to
a lack of adequate radioisotope power system material.
(c) CONTENTS OF ANALYSIS.—The analysis conducted under subsection (b) shall—
(1) detail the Administration’s current projected mission
requirements and associated timeframes for radioisotope power
system material;
(2) explain the assumptions used to determine the Administration’s requirements for the material, including—
(A) the planned use of advanced thermal conversion
technology such as advanced thermocouples and Stirling
generators and converters; and
(B) the risks and implications of, and contingencies
for, any delays or unanticipated technical challenges
affecting or related to the Administration’s mission plans
for the anticipated use of advanced thermal conversion
technology;
(3) assess the risk to the Administration’s programs of
any potential delays in achieving the schedule and milestones
for planned domestic production of radioisotope power system
material;
(4) outline a process for meeting any additional Administration requirements for the material;
(5) estimate the incremental costs required to increase
the amount of material produced each year, if such an increase
is needed to support additional Administration requirements
for the material;
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Consultation.
Assessment.
Cost estimate.
PUBL010
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Consultation.
Reimbursements.
PUBLIC LAW 115–10—MAR. 21, 2017
(6) detail how the Administration and other Federal agencies will manage, operate, and fund production facilities and
the design and development of all radioisotope power systems
used by the Administration and other Federal agencies as necessary;
(7) specify the steps the Administration will take, in consultation with the Department of Energy, to preserve the infrastructure and workforce necessary for production of radioisotope
power systems and ensure that its reimbursements to the
Department of Energy associated with such preservation are
equitable and justified; and
(8) detail how the Administration has implemented or
rejected the recommendations from the National Research
Council’s 2009 report titled ‘‘Radioisotope Power Systems: An
Imperative for Maintaining U.S. Leadership in Space Exploration.’’
(d) REPORT TO CONGRESS.—Not later than 180 days after the
date of enactment of this Act, the Administrator shall submit the
results of the analysis to the appropriate committees of Congress.
SEC. 516. ASSESSMENT OF MARS ARCHITECTURE.
(a) ASSESSMENT.—The Administrator shall enter into an
arrangement with the National Academies of Sciences, Engineering,
and Medicine to assess—
(1) the Administration’s Mars exploration architecture and
its responsiveness to the strategies, priorities, and guidelines
put forward by the National Academies’ planetary science
decadal surveys and other relevant National Academies Marsrelated reports;
(2) the long-term goals of the Administration’s Mars Exploration Program and such program’s ability to optimize the
science return, given the current fiscal posture of the program;
(3) the Mars exploration architecture’s relationship to
Mars-related activities to be undertaken by foreign agencies
and organizations; and
(4) the extent to which the Mars exploration architecture
represents a reasonably balanced mission portfolio.
(b) REPORT TO CONGRESS.—Not later than 18 months after
the date of enactment of this Act, the Administrator shall submit
the results of the assessment to the appropriate committees of
Congress.
SEC. 517. COLLABORATION.
The Administration shall continue to develop first-of-a-kind
instruments that, once proved, can be transitioned to other agencies
for operations. Whenever responsibilities for the development of
sensors or for measurements are transferred to the Administration
from another agency, the Administration shall seek, to the extent
possible, to be reimbursed for the assumption of such responsibilities.
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TITLE VI—AERONAUTICS
Reimbursement.
51 USC 20113
note.
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SEC. 601. SENSE OF CONGRESS ON AERONAUTICS.
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It is the sense of Congress that—
(1) a robust aeronautics research portfolio will help maintain the United States status as a leader in aviation, enhance
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the competitiveness of the United States in the world economy,
and improve the quality of life of all citizens;
(2) aeronautics research is essential to the Administration’s
mission, continues to be an important core element of the
Administration’s mission, and should be supported;
(3) the Administrator should coordinate and consult with
relevant Federal agencies and the private sector to minimize
duplication of efforts and leverage resources; and
(4) carrying aeronautics research to a level of maturity
that allows the Administration’s research results to be transferred to the users, whether private or public sector, is critical
to their eventual adoption.
SEC. 602. TRANSFORMATIVE AERONAUTICS RESEARCH.
It is the sense of Congress that the Administrator should look
strategically into the future and ensure that the Administration’s
Center personnel are at the leading edge of aeronautics research
by encouraging investigations into the early-stage advancement
of new processes, novel concepts, and innovative technologies that
have the potential to meet national aeronautics needs.
SEC. 603. HYPERSONIC RESEARCH.
(a) ROADMAP FOR HYPERSONIC RESEARCH.—Not later than 1
year after the date of enactment of this Act, the Administrator,
in consultation with the heads of other relevant Federal agencies,
shall develop and submit to the appropriate committees of Congress
a research and development roadmap for hypersonic aircraft
research.
(b) OBJECTIVE.—The objective of the roadmap is to explore
hypersonic science and technology using air-breathing propulsion
concepts, through a mix of theoretical work, basic and applied
research, and development of flight research demonstration vehicles.
(c) CONTENTS.—The roadmap shall recommend appropriate
Federal agency contributions, coordination efforts, and technology
milestones.
Deadline.
Consultation.
Recommendations.
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SEC. 604. SUPERSONIC RESEARCH.
(a) FINDINGS.—Congress finds that—
(1) the ability to fly commercial aircraft over land at supersonic speeds without adverse impacts on the environment or
on local communities could open new global markets and enable
new transportation capabilities; and
(2) continuing the Administration’s research program is
necessary to assess the impact in a relevant environment of
commercial supersonic flight operations and provide the basis
for establishing appropriate sonic boom standards for such
flight operations.
(b) ROADMAP FOR SUPERSONIC RESEARCH.—
(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, the Administrator shall develop and
submit to the appropriate committees of Congress a roadmap
that allows for flexible funding profiles for supersonic aeronautics research and development.
(2) OBJECTIVE.—The objective of the roadmap is to develop
and demonstrate, in a relevant environment, airframe and
propulsion technologies to minimize the environmental impact,
including noise, of supersonic overland flight in an efficient
and economical manner.
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(3) CONTENTS.—The roadmap shall include—
(A) the baseline research as embodied by the Administration’s existing research on supersonic flight;
(B) a list of specific technological, environmental, and
other challenges that must be overcome to minimize the
environmental impact, including noise, of supersonic overland flight;
(C) a research plan to address the challenges under
subparagraph (B), including a project timeline for accomplishing relevant research goals;
(D) a plan for coordination with stakeholders, including
relevant government agencies and industry; and
(E) a plan for how the Administration will ensure
that sonic boom research is coordinated as appropriate
with relevant Federal agencies.
Plans.
Lists.
SEC. 605. ROTORCRAFT RESEARCH.
(a) ROADMAP FOR ROTORCRAFT RESEARCH.—Not later than 1
year after the date of enactment of this Act, the Administrator,
in consultation with the heads of other relevant Federal agencies,
shall prepare and submit to the appropriate committees of Congress
a roadmap for research relating to rotorcraft and other runwayindependent air vehicles.
(b) OBJECTIVE.—The objective of the roadmap is to develop
and demonstrate improved safety, noise, and environmental impact
in a relevant environment.
(c) CONTENTS.—The roadmap shall include specific goals for
the research, a timeline for implementation, metrics for success,
and guidelines for collaboration and coordination with industry
and other Federal agencies.
Deadline.
Consultation.
Timeline.
Guidelines.
TITLE VII—SPACE TECHNOLOGY
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SEC. 701. SPACE TECHNOLOGY INFUSION.
(a) SENSE OF CONGRESS ON SPACE TECHNOLOGY.—It is the
sense of Congress that space technology is critical—
(1) to developing technologies and capabilities that will
make the Administration’s core missions more affordable and
more reliable;
(2) to enabling a new class of Administration missions
beyond low-Earth orbit; and
(3) to improving technological capabilities and promote
innovation for the Administration and the Nation.
(b) SENSE OF CONGRESS ON PROPULSION TECHNOLOGY.—It is
the sense of Congress that advancing propulsion technology would
improve the efficiency of trips to Mars and could shorten travel
time to Mars, reduce astronaut health risks, and reduce radiation
exposure, consumables, and mass of materials required for the
journey.
(c) POLICY.—It is the policy of the United States that the
Administrator shall develop technologies to support the Administration’s core missions, as described in section 2(3) of the National
Aeronautics and Space Administration Authorization Act of 2010
(42 U.S.C. 18301(3)), and support sustained investments in early
stage innovation, fundamental research, and technologies to expand
the boundaries of the national aerospace enterprise.
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(d) PROPULSION TECHNOLOGIES.—A goal of propulsion technologies developed under subsection (c) shall be to significantly
reduce human travel time to Mars.
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SEC. 702. SPACE TECHNOLOGY PROGRAM.
(a) SPACE TECHNOLOGY PROGRAM AUTHORIZED.—The Administrator shall conduct a space technology program (referred to in
this section as the ‘‘Program’’) to research and develop advanced
space technologies that could deliver innovative solutions across
the Administration’s space exploration and science missions.
(b) CONSIDERATIONS.—In conducting the Program, the Administrator shall consider—
(1) the recommendations of the National Academies’ review
of the Administration’s Space Technology roadmaps and priorities; and
(2) the applicable enabling aspects of the stepping stone
approach to exploration under section 70504 of title 51, United
States Code.
(c) REQUIREMENTS.—In conducting the Program, the Administrator shall—
(1) to the extent practicable, use a competitive process
to select research and development projects;
(2) to the extent practicable and appropriate, use small
satellites and the Administration’s suborbital and ground-based
platforms to demonstrate space technology concepts and
developments; and
(3) as appropriate, partner with other Federal agencies,
universities, private industry, and foreign countries.
(d) SMALL BUSINESS PROGRAMS.—The Administrator shall organize and manage the Administration’s Small Business Innovation
Research Program and Small Business Technology Transfer Program within the Program.
(e) NONDUPLICATION CERTIFICATION.—The Administrator shall
submit a budget for each fiscal year, as transmitted to Congress
under section 1105(a) of title 31, United States Code, that avoids
duplication of projects, programs, or missions conducted by Program
with other projects, programs, or missions conducted by another
office or directorate of the Administration.
(f) COLLABORATION, COORDINATION, AND ALIGNMENT.—
(1) IN GENERAL.—The Administrator shall—
(A) ensure that the Administration’s projects, programs, and activities in support of technology research
and development of advanced space technologies are fully
coordinated and aligned;
(B) ensure that the results the projects, programs,
and activities under subparagraph (A) are shared and leveraged within the Administration; and
(C) ensure that the organizational responsibility for
research and development activities in support of human
space exploration not initiated as of the date of enactment
of this Act is established on the basis of a sound rationale.
(2) SENSE OF CONGRESS.—It is the sense of Congress that
projects, programs, and missions being conducted by the Human
Exploration and Operations Mission Directorate in support of
research and development of advanced space technologies and
systems focusing on human space exploration should continue
in that Directorate.
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(g) REPORT.—Not later than 180 days after the date of enactment of this Act, the Administrator shall provide to the appropriate
committees of Congress a report—
(1) comparing the Administration’s space technology investments with the high-priority technology areas identified by
the National Academies in the National Research Council’s
report on the Administration’s Space Technology Roadmaps;
and
(2) including—
(A) identification of how the Administration will
address any gaps between the agency’s investments and
the recommended technology areas, including a projection
of funding requirements; and
(B) identification of the rationale described in subsection (f)(1)(C).
(h) ANNUAL REPORT.—The Administrator shall include in the
Administration’s annual budget request for each fiscal year the
rationale for assigning organizational responsibility for, in the year
prior to the budget fiscal year, each initiated project, program,
and mission focused on research and development of advanced
technologies for human space exploration.
TITLE VIII—MAXIMIZING EFFICIENCY
Subtitle A—Agency Information
Technology and Cybersecurity
51 USC 20111
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SEC. 811. INFORMATION TECHNOLOGY GOVERNANCE.
(a) IN GENERAL.—The Administrator shall, in a manner that
reflects the unique nature of NASA’s mission and expertise—
(1) ensure the NASA Chief Information Officer, Mission
Directorates, and Centers have appropriate roles in the
management, governance, and oversight processes related to
information technology operations and investments and
information security programs for the protection of NASA systems;
(2) ensure the NASA Chief Information Officer has the
appropriate resources and insight to oversee NASA information
technology and information security operations and investments;
(3) provide an information technology program management framework to increase the efficiency and effectiveness
of information technology investments, including relying on
metrics for identifying and reducing potential duplication,
waste, and cost;
(4) improve the operational linkage between the NASA
Chief Information Officer and each NASA mission directorate,
center, and mission support office to ensure both agency and
mission needs are considered in agency-wide information technology and information security management and oversight;
(5) review the portfolio of information technology investments and spending, including information technology-related
investments included as part of activities within NASA mission
directorates that may not be considered information technology,
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to ensure investments are recognized and reported appropriately based on guidance from the Office of Management
and Budget;
(6) consider appropriate revisions to the charters of
information technology boards and councils that inform
information technology investment and operation decisions; and
(7) consider whether the NASA Chief Information Officer
should have a seat on any boards or councils described in
paragraph (6).
(b) GAO STUDY.—
(1) STUDY.—The Comptroller General of the United States
shall conduct a study of the effectiveness of the Administration’s
Information Technology Governance in ensuring information
technology resources are aligned with agency missions and
are cost effective and secure.
(2) CONTENTS.—The study shall include an assessment of—
(A) the resources available for overseeing Administration-wide information technology operations, investments,
and security measures and the NASA Chief Information
Officer’s visibility and involvement into information technology oversight and access to those resources;
(B) the effectiveness and challenges of the Administration’s information technology structure, decision making
processes and authorities, including impacts on its ability
to implement information security; and
(C) the impact of NASA Chief Information Officer
approval authority over information technology investments that exceed a defined monetary threshold, including
any potential impacts of such authority on the Administration’s missions, flights programs and projects, research
activities, and Center operations.
(3) REPORT.—Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to
the appropriate committees of Congress a report detailing the
results of the study under paragraph (1), including any recommendations.
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SEC. 812. INFORMATION TECHNOLOGY STRATEGIC PLAN.
(a) IN GENERAL.—Subject to subsection (b), the Administrator
shall develop an information technology strategic plan to guide
NASA information technology management and strategic objectives.
(b) REQUIREMENTS.—In developing the strategic plan, the
Administrator shall ensure that the strategic plan addresses—
(1) the deadline under section 306(a) of title 5, United
States Code; and
(2) the requirements under section 3506 of title 44, United
States Code.
(c) CONTENTS.—The strategic plan shall address, in a manner
that reflects the unique nature of NASA’s mission and expertise—
(1) near and long-term goals and objectives for leveraging
information technology;
(2) a plan for how NASA will submit to Congress of a
list of information technology projects, including completion
dates and risk level in accordance with guidance from the
Office of Management and Budget;
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Assessment.
Recommendations.
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(3) an implementation overview for an agency-wide
approach to information technology investments and operations,
including reducing barriers to cross-center collaboration;
(4) coordination by the NASA Chief Information Officer
with centers and mission directorates to ensure that information technology policies are effectively and efficiently implemented across the agency;
(5) a plan to increase the efficiency and effectiveness of
information technology investments, including a description of
how unnecessarily duplicative, wasteful, legacy, or outdated
information technology across NASA will be identified and
eliminated, and a schedule for the identification and elimination
of such information technology;
(6) a plan for improving the information security of agency
information and agency information systems, including
improving security control assessments and role-based security
training of employees; and
(7) submission by NASA to Congress of information
regarding high risk projects and cybersecurity risks.
(d) CONGRESSIONAL OVERSIGHT.—The Administrator shall
submit to the appropriate committees of Congress the strategic
plan under subsection (a) and any updates thereto.
Coordination.
51 USC 20111
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SEC. 813. CYBERSECURITY.
(a) FINDING.—Congress finds that the security of NASA
information and information systems is vital to the success of
the mission of the agency.
(b) INFORMATION SECURITY PLAN.—
(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, the Administrator shall implement
the information security plan developed under paragraph (2)
and take such further actions as the Administrator considers
necessary to improve the information security system in accordance with this section.
(2) INFORMATION SECURITY PLAN.—Subject to paragraphs
(3) and (4), the Administrator shall develop an agency-wide
information security plan to enhance information security for
NASA information and information infrastructure.
(3) REQUIREMENTS.—In developing the plan under paragraph (2), the Administrator shall ensure that the plan—
(A) reflects the unique nature of NASA’s mission and
expertise;
(B) is informed by policies, standards, guidelines, and
directives on information security required for Federal
agencies;
(C) is consistent with the standards and guidelines
under section 11331 of title 40, United States Code; and
(D) meets applicable National Institute of Standards
and Technology information security standards and guidelines.
(4) CONTENTS.—The plan shall address—
(A) an overview of the requirements of the information
security system;
(B) an agency-wide risk management framework for
information security;
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(C) a description of the information security system
management controls and common controls that are necessary to ensure compliance with information securityrelated requirements;
(D) an identification and assignment of roles, responsibilities, and management commitment for information
security at the agency;
(E) coordination among organizational entities,
including between each center, facility, mission directorate,
and mission support office, and among agency entities
responsible for different aspects of information security;
(F) the need to protect the information security of
mission-critical systems and activities and high-impact and
moderate-impact information systems; and
(G) a schedule of frequent reviews and updates, as
necessary, of the plan.
SEC. 814. SECURITY MANAGEMENT OF FOREIGN NATIONAL ACCESS.
Notification.
The Administrator shall notify the appropriate committees of
Congress when the agency has implemented the information technology security recommendations from the National Academy of
Public Administration on foreign national access management,
based on reports from January 2014 and March 2016.
SEC. 815. CYBERSECURITY OF WEB APPLICATIONS.
Not later than 180 days after the date of enactment of this
Act, the Administrator shall, in a manner that reflects the unique
nature of NASA’s mission and expertise—
(1) develop a plan, including such actions and milestones
as are necessary, to fully remediate security vulnerabilities
of NASA web applications within a timely fashion after discovery; and
(2) provide an update on its plan to implement the recommendation from the NASA Inspector General in the audit
report dated July 10, 2014, (IG–14–023) to remove from the
Internet or otherwise secure all NASA web applications in
development or testing mode.
Deadline.
Plans.
Subtitle B—Collaboration Among Mission
Directorates and Other Matters
SEC. 821. COLLABORATION AMONG MISSION DIRECTORATES.
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The Administrator shall encourage an interdisciplinary
approach among all NASA mission directorates and divisions, whenever appropriate, for projects or missions—
(1) to improve coordination, and encourage collaboration
and early planning on scope;
(2) to determine areas of overlap or alignment;
(3) to find ways to leverage across divisional perspectives
to maximize outcomes; and
(4) to be more efficient with resources and funds.
SEC. 822. NASA LAUNCH CAPABILITIES COLLABORATION.
(a) FINDINGS.—Congress makes the following findings:
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(1) The Launch Services Program is responsible for the
acquisition, management, and technical oversight of commercial
launch services for NASA’s science and robotic missions.
(2) The Commercial Crew Program is responsible for the
acquisition, management, and technical oversight of commercial
crew transportation systems.
(3) The Launch Services Program and Commercial Crew
Program have worked together to gain exceptional technical
insight into the contracted launch service providers that are
common to both programs.
(4) The Launch Services Program has a long history of
oversight of 12 different launch vehicles and over 80 launches.
(5) Co-location of the Launch Services Program and
Commercial Crew Program has enabled the Commercial Crew
Program to efficiently obtain the launch vehicle technical expertise of and provide engineering and analytical support to the
Commercial Crew Program.
(b) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) the Launch Services Program and Commercial Crew
Program each benefit from communication and coordination
of launch manifests, technical information, and common launch
vehicle insight between the programs; and
(2) such communication and coordination is enabled by
the co-location of the programs.
(c) IN GENERAL.—The Administrator shall pursue a strategy
for acquisition of crewed transportation services and non-crewed
launch services that continues to enhance communication, collaboration, and coordination between the Launch Services Program and
the Commercial Crew Program.
51 USC 30301
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SEC. 823. DETECTION AND AVOIDANCE OF COUNTERFEIT PARTS.
(a) FINDINGS.—Congress makes the following findings:
(1) A 2012 investigation by the Committee on Armed Services of the Senate of counterfeit electronic parts in the Department of Defense supply chain from 2009 through 2010 uncovered 1,800 cases and over 1,000,000 counterfeit parts and
exposed the threat such counterfeit parts pose to service members and national security.
(2) Since 2010, the Comptroller General of the United
States has identified in 3 separate reports the risks and challenges associated with counterfeit parts and counterfeit prevention at both the Department of Defense and NASA, including
inconsistent definitions of counterfeit parts, poorly targeted
quality control practices, and potential barriers to improvements to these practices.
(b) SENSE OF CONGRESS.—It is the sense of Congress that
the presence of counterfeit electronic parts in the NASA supply
chain poses a danger to United States government astronauts,
crew, and other personnel and a risk to the agency overall.
(c) REGULATIONS.—
(1) IN GENERAL.—Not later than 270 days after the date
of enactment of this Act, the Administrator shall revise the
NASA Supplement to the Federal Acquisition Regulation to
improve the detection and avoidance of counterfeit electronic
parts in the supply chain.
(2) CONTRACTOR RESPONSIBILITIES.—In revising the regulations under paragraph (1), the Administrator shall—
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PUBLIC LAW 115–10—MAR. 21, 2017
(A) require each covered contractor—
(i) to detect and avoid the use or inclusion of
any counterfeit parts in electronic parts or products
that contain electronic parts;
(ii) to take such corrective actions as the Administrator considers necessary to remedy the use or inclusion described in clause (i); and
(iii) including a subcontractor, to notify the
applicable NASA contracting officer not later than 30
calendar days after the date the covered contractor
becomes aware, or has reason to suspect, that any
end item, component, part or material contained in
supplies purchased by NASA, or purchased by a covered contractor or subcontractor for delivery to, or on
behalf of, NASA, contains a counterfeit electronic part
or suspect counterfeit electronic part; and
(B) prohibit the cost of counterfeit electronic parts,
suspect counterfeit electronic parts, and any corrective
action described under subparagraph (A)(ii) from being
included as allowable costs under agency contracts,
unless—
(i)(I) the covered contractor has an operational
system to detect and avoid counterfeit electronic parts
and suspect counterfeit electronic parts that has been
reviewed and approved by NASA or the Department
of Defense; and
(II) the covered contractor has provided the
notice under subparagraph (A)(iii); or
(ii) the counterfeit electronic parts or suspect
counterfeit electronic parts were provided to the covered contractor as Government property in accordance
with part 45 of the Federal Acquisition Regulation.
(3) SUPPLIERS OF ELECTRONIC PARTS.—In revising the regulations under paragraph (1), the Administrator shall—
(A) require NASA and covered contractors, including
subcontractors, at all tiers—
(i) to obtain electronic parts that are in production
or currently available in stock from—
(I) the original manufacturers of the parts or
their authorized dealers; or
(II) suppliers who obtain such parts exclusively from the original manufacturers of the parts
or their authorized dealers; and
(ii) to obtain electronic parts that are not in
production or currently available in stock from suppliers that meet qualification requirements established
under subparagraph (C);
(B) establish documented requirements consistent with
published industry standards or Government contract
requirements for—
(i) notification of the agency; and
(ii) inspection, testing, and authentication of electronic parts that NASA or a covered contractor,
including a subcontractor, obtains from any source
other than a source described in subparagraph (A);
(C) establish qualification requirements, consistent
with the requirements of section 2319 of title 10, United
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Deadline.
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States Code, pursuant to which NASA may identify suppliers that have appropriate policies and procedures in
place to detect and avoid counterfeit electronic parts and
suspect counterfeit electronic parts; and
(D) authorize a covered contractor, including a subcontractor, to identify and use additional suppliers beyond
those identified under subparagraph (C) if—
(i) the standards and processes for identifying such
suppliers comply with established industry standards;
(ii) the covered contractor assumes responsibility
for the authenticity of parts provided by such suppliers
under paragraph (2); and
(iii) the selection of such suppliers is subject to
review and audit by NASA.
(d) DEFINITIONS.—In this section:
(1) COVERED CONTRACTOR.—The term ‘‘covered contractor’’
means a contractor that supplies an electronic part, or a product
that contains an electronic part, to NASA.
(2) ELECTRONIC PART.—The term ‘‘electronic part’’ means
a discrete electronic component, including a microcircuit, transistor, capacitor, resistor, or diode, that is intended for use
in a safety or mission critical application.
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SEC. 824. EDUCATION AND OUTREACH.
(a) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) United States competitiveness in the 21st century
requires engaging the science, technology, engineering, and
mathematics (referred to in this section as ‘‘STEM’’) talent
in all States;
(2) the Administration is uniquely positioned to educate
and inspire students and the broader public on STEM subjects
and careers;
(3) the Administration’s Education and Communication
Offices, Mission Directorates, and Centers have been effective
in delivering educational content because of the strong engagement of Administration scientists and engineers in the Administration’s education and outreach activities;
(4) the Administration’s education and outreach programs,
including the Experimental Program to Stimulate Competitive
Research (EPSCoR) and the Space Grant College and Fellowship Program, reflect the Administration’s successful commitment to growing and diversifying the national science and
engineering workforce; and
(5) in order to grow and diversify the Nation’s engineering
workforce, it is vital for the Administration to bolster programs,
such as High Schools United with NASA to Create Hardware
(HUNCH) program, that conduct outreach activities to underserved rural communities, vocational schools, and tribal colleges
and universities and encourage new participation in the STEM
workforce.
(b) CONTINUATION OF EDUCATION AND OUTREACH ACTIVITIES
AND PROGRAMS.—
(1) IN GENERAL.—The Administrator shall continue engagement with the public and education opportunities for students
via all the Administration’s mission directorates to the maximum extent practicable.
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(2) REPORT.—Not later than 60 days after the date of
enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report on the Administration’s near-term outreach plans for advancing space law education.
SEC.
825.
LEVERAGING COMMERCIAL SATELLITE SERVICING
CAPABILITIES ACROSS MISSION DIRECTORATES.
(a) FINDINGS.—Congress makes the following findings:
(1) Refueling and relocating aging satellites to extend their
operational lifetimes is a capacity that NASA will substantially
benefit from and is important for lowering the costs of ongoing
scientific, national security, and commercial satellite operations.
(2) The technologies involved in satellite servicing, such
as dexterous robotic arms, propellant transfer systems, and
solar electric propulsion, are all critical capabilities to support
a human exploration mission to Mars.
(b) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) satellite servicing is a vital capability that will bolster
the capacity and affordability of NASA’s ongoing scientific and
human exploration operations while simultaneously enhancing
the ability of domestic companies to compete in the global
marketplace; and
(2) future NASA satellites and spacecraft across mission
directorates should be constructed in a manner that allows
for servicing in order to maximize operational longevity and
affordability.
(c) LEVERAGING OF CAPABILITIES.—The Administrator shall—
(1) identify orbital assets in both the Science Mission Directorate and the Human Exploration and Operations Mission
Directorate that could benefit from satellite servicing-related
technologies; and
(2) work across all NASA mission directorates to evaluate
opportunities for the private sector to perform such services
or advance technical capabilities by leveraging the technologies
and techniques developed by NASA programs and other
industry programs.
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SEC. 826. FLIGHT OPPORTUNITIES.
(a) DEVELOPMENT OF PAYLOADS.—
(1) IN GENERAL.—In order to conduct necessary research,
the Administrator shall continue and, as the Administrator
considers appropriate, expand the development of technology
payloads for—
(A) scientific research; and
(B) investigating new or improved capabilities.
(2) FUNDS.—For the purpose of carrying out paragraph
(1), the Administrator shall make funds available for—
(A) flight testing;
(B) payload development; and
(C) hardware related to subparagraphs (A) and (B).
(b) REAFFIRMATION OF POLICY.—Congress reaffirms that the
Administrator should provide flight opportunities for payloads to
microgravity environments and suborbital altitudes as authorized
by section 907 of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18405).
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51 USC 70102
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SEC. 827. SENSE OF CONGRESS ON SMALL CLASS LAUNCH MISSIONS.
It is the sense of Congress that—
(1) Venture Class Launch Services contracts awarded under
the Launch Services Program will expand opportunities for
future dedicated launches of CubeSats and other small satellites
and small orbital science missions; and
(2) principal investigator-led small orbital science missions,
including CubeSat class, Small Explorer (SMEX) class, and
Venture class, offer valuable opportunities to advance science
at low cost, train the next generation of scientists and engineers, and enable participants to acquire skills in systems
engineering and systems integration that are critical to
maintaining the Nation’s leadership in space and to enhancing
United States innovation and competitiveness abroad.
SEC. 828. BASELINE AND COST CONTROLS.
Section 30104(a)(1) of title 51, United States Code, is amended
by striking ‘‘Procedural Requirements 7120.5c, dated March 22,
2005’’ and inserting ‘‘Procedural Requirements 7120.5E, dated
August 14, 2012’’.
SEC. 829. COMMERCIAL TECHNOLOGY TRANSFER PROGRAM.
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Section 50116(a) of title 51, United States Code, is amended
by inserting ‘‘, while protecting national security’’ after ‘‘research
community’’.
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SEC. 830. AVOIDING ORGANIZATIONAL CONFLICTS OF INTEREST IN
MAJOR ADMINISTRATION ACQUISITION PROGRAMS.
Deadline.
Recommendations.
(a) REVISED REGULATIONS REQUIRED.—Not later than 270 days
after the date of enactment of this Act, the Administrator shall
revise the Administration Supplement to the Federal Acquisition
Regulation to provide uniform guidance and recommend revised
requirements for organizational conflicts of interest by contractors
in major acquisition programs in order to address the elements
identified in subsection (b).
(b) ELEMENTS.—The revised regulations under subsection (a)
shall, at a minimum—
(1) address organizational conflicts of interest that could
potentially arise as a result of—
(A) lead system integrator contracts on major acquisition programs and contracts that follow lead system integrator contracts on such programs, particularly contracts
for production;
(B) the ownership of business units performing systems
engineering and technical assistance functions, professional
services, or management support services in relation to
major acquisition programs by contractors who simultaneously own business units competing to perform as either
the prime contractor or the supplier of a major subsystem
or component for such programs;
(C) the award of major subsystem contracts by a prime
contractor for a major acquisition program to business units
or other affiliates of the same parent corporate entity,
and particularly the award of subcontracts for software
integration or the development of a proprietary software
system architecture; or
(D) the performance by, or assistance of, contractors
in technical evaluations on major acquisition programs;
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(2) require the Administration to request advice on systems
architecture and systems engineering matters with respect to
major acquisition programs from objective sources independent
of the prime contractor;
(3) require that a contract for the performance of systems
engineering and technical assistance functions for a major
acquisition program contains a provision prohibiting the contractor or any affiliate of the contractor from participating
as a prime contractor or a major subcontractor in the development of a system under the program; and
(4) establish such limited exceptions to the requirement
in paragraphs (2) and (3) as the Administrator considers necessary to ensure that the Administration has continued access
to advice on systems architecture and systems engineering
matters from highly qualified contractors with domain experience and expertise, while ensuring that such advice comes
from sources that are objective and unbiased.
SEC. 831. PROTECTION OF APOLLO LANDING SITES.
(a) ASSESSMENT.—The Director of the Office of Science and
Technology Policy, in consultation with relevant Federal agencies
and stakeholders, shall assess the issues relating to protecting
and preserving historically important Apollo Program lunar landing
sites and Apollo program artifacts residing on the lunar surface,
including those pertaining to Apollo 11 and Apollo 17.
(b) CONTENTS.—In conducting the assessment, the Director
shall include—
(1) a determination of what risks to the protection and
preservation of those sites and artifacts exist or may exist
in the future;
(2) a determination of what measures are required to
ensure such protection and preservation;
(3) a determination of the extent to which additional
domestic legislation or international treaties or agreements will
be required; and
(4) specific recommendations for protecting and preserving
those lunar landing sites and artifacts.
(c) REPORT.—Not later than 1 year after the date of enactment
of this Act, the Director shall submit to the appropriate committees
of Congress the results of the assessment.
Historic
preservation.
Consultation.
Determinations.
Recommendations.
SEC. 832. NASA LEASE OF NON-EXCESS PROPERTY.
Section 20145(g) of title 51, United States Code, is amended
by striking ‘‘10 years after December 26, 2007’’ and inserting
‘‘December 31, 2018’’.
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SEC. 833. TERMINATION LIABILITY.
It is the sense of Congress that—
(1) the ISS, the Space Launch System, and the Orion
will enable the Nation to continue operations in low-Earth
orbit and to send its astronauts to deep space;
(2) the James Webb Space Telescope will revolutionize
our understanding of star and planet formation and how galaxies evolved, and will advance the search for the origins of
our universe;
(3) as a result of their unique capabilities and their critical
contribution to the future of space exploration, these systems
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have been designated by Congress and the Administration as
priority investments;
(4) contractors are currently holding program funding, estimated to be in the hundreds of millions of dollars, to cover
the potential termination liability should the Government
choose to terminate a program for convenience;
(5) as a result, hundreds of millions of taxpayer dollars
are unavailable for meaningful work on these programs;
(6) according to the Government Accountability Office, the
Administration procures most of its goods and services through
contracts, and it terminates very few of them;
(7) in fiscal year 2010, the Administration terminated 28
of 16,343 active contracts and orders, a termination rate of
about 0.17 percent; and
(8) the Administration should vigorously pursue a policy
on termination liability that maximizes the utilization of its
appropriated funds to make maximum progress in meeting
established technical goals and schedule milestones on these
high-priority programs.
Reports.
SEC. 834. INDEPENDENT REVIEWS.
Not later than 270 days after the date of enactment of this
Act, the Administrator shall submit to the appropriate committees
of Congress a report describing—
(1) the Administration’s procedures for conducting independent reviews of projects and programs at lifecycle milestones;
(2) how the Administration ensures the independence of
the individuals who conduct those reviews prior to their assignment;
(3) the internal and external entities independent of project
and program management that conduct reviews of projects
and programs at life cycle milestones; and
(4) how the Administration ensures the independence of
such entities and their members.
SEC. 835. NASA ADVISORY COUNCIL.
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Recommendations.
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(a) ASSESSMENT.—The Administrator shall enter into an
arrangement with the National Academy of Public Administration
to assess the effectiveness of the NASA Advisory Council and to
make recommendations to Congress for any change to—
(1) the functions of the Council;
(2) the appointment of members to the Council;
(3) the qualifications for members of the Council;
(4) the duration of terms of office for members of the
Council;
(5) the frequency of meetings of the Council;
(6) the structure of leadership and Committees of the
Council; and
(7) the levels of professional staffing for the Council.
(b) CONSIDERATIONS.—In carrying out the assessment under
subsection (a), the National Academy of Public Administration
shall—
(1) consider the impacts of broadening the Council’s role
to include providing consultation and advice to Congress under
section 20113(g) of title 51, United States Code;
(2) consider the past activities of the Council and the
activities of other analogous Federal advisory bodies; and
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(3) any other issues that the National Academy of Public
Administration determines could potentially impact the
effectiveness of the Council.
(c) REPORT.—The National Academy of Public Administration
shall submit to the appropriate committees of Congress the results
of the assessment, including any recommendations.
(d) CONSULTATION AND ADVICE.—
(1) IN GENERAL.—Section 20113(g) of title 51, United States
Code, is amended by inserting ‘‘and Congress’’ after ‘‘advice
to the Administration’’.
(2) SUNSET.—Effective September 30, 2017, section
20113(g) of title 51, United States Code, is amended by striking
‘‘and Congress’’.
SEC. 836. COST ESTIMATION.
(a) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) realistic cost estimating is critically important to the
ultimate success of major space development projects; and
(2) the Administration has devoted significant efforts over
the past 5 years to improving its cost estimating capabilities,
but it is important that the Administration continue its efforts
to develop and implement guidance in establishing realistic
cost estimates.
(b) GUIDANCE AND CRITERIA.—The Administrator shall provide
to its acquisition programs and projects, in a manner consistent
with the Administration’s Space Flight Program and Project
Management Requirements—
(1) guidance on when to use an Independent Cost Estimate
and Independent Cost Assessment; and
(2) criteria to use to make a determination under paragraph
(1).
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SEC. 837. FACILITIES AND INFRASTRUCTURE.
(a) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) the Administration must address, mitigate, and reverse,
where possible, the deterioration of its facilities and infrastructure, as their condition is hampering the effectiveness and
efficiency of research performed by both the Administration
and industry participants making use of Administration facilities, thus harming the competitiveness of the United States
aerospace industry;
(2) the Administration has a role in providing laboratory
capabilities to industry participants that are not economically
viable as commercial entities and thus are not available elsewhere;
(3) to ensure continued access to reliable and efficient
world-class facilities by researchers, the Administration should
establish strategic partnerships with other Federal agencies,
State agencies, FAA-licensed spaceports, institutions of higher
education, and industry, as appropriate; and
(4) decisions on whether to dispose of, maintain, or modernize existing facilities must be made in the context of meeting
Administration and other needs, including those required to
meet the activities supporting the human exploration roadmap
under section 432 of this Act, considering other national laboratory needs as the Administrator deems appropriate.
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131 STAT. 69
Recommendations.
Effective date.
51 USC 30307
note.
51 USC 30307
note.
51 USC 31502
note.
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Strategy.
Strategy.
Criteria.
Assessment.
Timeline.
Estimate.
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Deadline.
Public
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(b) POLICY.—It is the policy of the United States that the
Administration maintain reliable and efficient facilities and infrastructure and that decisions on whether to dispose of, maintain,
or modernize existing facilities or infrastructure be made in the
context of meeting future Administration needs.
(c) PLAN.—
(1) IN GENERAL.—The Administrator shall develop a facilities and infrastructure plan.
(2) GOAL.—The goal of the plan is to position the Administration to have the facilities and infrastructure, including laboratories, tools, and approaches, necessary to meet future
Administration and other Federal agencies’ laboratory needs.
(3) CONTENTS.—The plan shall identify—
(A) current Administration and other Federal agency
laboratory needs;
(B) future Administration research and development
and testing needs;
(C) a strategy for identifying facilities and infrastructure that are candidates for disposal, that is consistent
with the national strategic direction set forth in—
(i) the National Space Policy;
(ii) the National Aeronautics Research, Development, Test, and Evaluation Infrastructure Plan;
(iii) the National Aeronautics and Space Administration Authorization Act of 2005 (Public Law 109–
155; 119 Stat. 2895), National Aeronautics and Space
Administration Authorization Act of 2008 (Public Law
110–422; 122 Stat. 4779), and National Aeronautics
and Space Administration Authorization Act of 2010
(42 U.S.C. 18301 et seq.); and
(iv) the human exploration roadmap under section
432 of this Act;
(D) a strategy for the maintenance, repair, upgrading,
and modernization of Administration facilities and infrastructure, including laboratories and equipment;
(E) criteria for—
(i) prioritizing deferred maintenance tasks;
(ii) maintaining, repairing, upgrading, or modernizing Administration facilities and infrastructure; and
(iii) implementing processes, plans, and policies
for guiding the Administration’s Centers on whether
to maintain, repair, upgrade, or modernize a facility
or infrastructure and for determining the type of
instrument to be used;
(F) an assessment of modifications needed to maximize
usage of facilities that offer unique and highly specialized
benefits to the aerospace industry and the American public;
and
(G) implementation steps, including a timeline, milestones, and an estimate of resources required for carrying
out the plan.
(d) REQUIREMENT TO ESTABLISH POLICY.—
(1) IN GENERAL.—Not later than 180 days after the date
of enactment of this Act, the Administrator shall establish
and make publicly available a policy that guides the Administration’s use of existing authorities to out-grant, lease, excess
to the General Services Administration, sell, decommission,
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demolish, or otherwise transfer property, facilities, or infrastructure.
(2) CRITERIA.—The policy shall include criteria for the use
of authorities, best practices, standardized procedures, and
guidelines for how to appropriately manage property, facilities,
and infrastructure.
(e) SUBMISSION TO CONGRESS.—Not later than 1 year after
the date of enactment of this Act, the Administrator shall submit
to the appropriate committees of Congress the plan developed under
subsection (c).
131 STAT. 71
Deadline.
SEC. 838. HUMAN SPACE FLIGHT ACCIDENT INVESTIGATIONS.
Section 70702 of title 51, United States Code, is amended—
(1) by amending subsection (a)(3) to read as follows:
‘‘(3) any other orbital or suborbital space vehicle carrying
humans that is—
‘‘(A) owned by the Federal Government; or
‘‘(B) being used pursuant to a contract or Space Act
Agreement with the Federal Government for carrying a
government astronaut or a researcher funded by the Federal Government; or’’; and
(2) by adding at the end the following:
‘‘(c) DEFINITIONS.—In this section:
‘‘(1) GOVERNMENT ASTRONAUT.—The term ‘government
astronaut’ has the meaning given the term in section 50902.
‘‘(2) SPACE ACT AGREEMENT.—The term ‘Space Act Agreement’ means an agreement entered into by the Administration
pursuant to its other transactions authority under section
20113(e).’’.
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SEC. 839. ORBITAL DEBRIS.
(a) FINDINGS.—Congress finds that—
(1) orbital debris poses serious risks to the operational
space capabilities of the United States;
(2) an international commitment and integrated strategic
plan are needed to mitigate the growth of orbital debris wherever possible; and
(3) the delay in the Office of Science and Technology Policy’s
submission of a report on the status of international coordination and development of orbital debris mitigation strategies
is inconsistent with such risks.
(b) REPORTS.—
(1) COORDINATION.—Not later than 90 days after the date
of enactment of this Act, the Administrator shall submit to
the appropriate committees of Congress a report on the status
of efforts to coordinate with foreign countries within the InterAgency Space Debris Coordination Committee to mitigate the
effects and growth of orbital debris under section 1202(b)(1)
of the National Aeronautics and Space Administration
Authorization Act of 2010 (42 U.S.C. 18441(b)(1)).
(2) MITIGATION STRATEGY.—Not later than 90 days after
the date of enactment of this Act, the Director of the Office
of Science and Technology Policy shall submit to the appropriate
committees of Congress a report on the status of the orbital
debris mitigation strategy required under section 1202(b)(2)
of the National Aeronautics and Space Administration
Authorization Act of 2010 (42 U.S.C. 18441(b)(2)).
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PUBLIC LAW 115–10—MAR. 21, 2017
SEC. 840. REVIEW OF ORBITAL DEBRIS REMOVAL CONCEPTS.
(a) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) orbital debris in low-Earth orbit poses significant risks
to spacecraft;
(2) such orbital debris may increase due to collisions
between existing debris objects; and
(3) understanding options to address and remove orbital
debris is important for ensuring safe and effective spacecraft
operations in low-Earth orbit.
(b) REVIEW.—
(1) IN GENERAL.—Not later than 270 days after the date
of enactment of this Act, the Administrator—
(A) in collaboration with the heads of other relevant
Federal agencies, shall solicit and review concepts and
options for removing orbital debris from low-Earth orbit;
and
(B) shall submit to the appropriate committees of Congress a report on the solicitation and review under subparagraph (A), including recommendations on the best options
for decreasing the risks associated with orbital debris.
(2) REQUIREMENTS.—The solicitation and review under
paragraph (1) shall address the requirements for and feasibility
of developing and implementing each of the options.
Deadline.
Reports.
Recommendations.
51 USC 20113
note.
Determination.
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Public
information.
Web posting.
Estimate.
Deadline.
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SEC. 841. SPACE ACT AGREEMENTS.
(a) SENSE OF CONGRESS.—It is the sense of Congress that,
when used appropriately, Space Act Agreements can provide significant value in furtherance of NASA’s mission.
(b) FUNDED SPACE ACT AGREEMENTS.—To the extent appropriate, the Administrator shall seek to maximize the value of contributions provided by other parties under a funded Space Act
Agreement in order to advance NASA’s mission.
(c) NON-EXCLUSIVITY.—
(1) IN GENERAL.—The Administrator shall, to the greatest
extent practicable, issue each Space Act Agreement—
(A) except as provided in paragraph (2), on a nonexclusive basis;
(B) in a manner that ensures all non-government parties have equal access to NASA resources; and
(C) exercising reasonable care not to reveal unique
or proprietary information.
(2) EXCLUSIVITY.—If the Administrator determines an
exclusive arrangement is necessary, the Administrator shall,
to the greatest extent practicable, issue the Space Act Agreement—
(A) utilizing a competitive selection process when exclusive arrangements are necessary; and
(B) pursuant to public announcements when exclusive
arrangements are necessary.
(d) TRANSPARENCY.—The Administrator shall publicly disclose
on the Administration’s website and make available in a searchable
format each Space Act Agreement, including an estimate of committed NASA resources and the expected benefits to agency objectives for each agreement, with appropriate redactions for proprietary, sensitive, or classified information, not later than 60 days
after such agreement is signed by the parties.
(e) ANNUAL REPORTS.—
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(1) REQUIREMENT.—Not later than 90 days after the end
of each fiscal year, the Administrator shall submit to the appropriate committees of Congress a report on the use of Space
Act Agreement authority by the Administration during the
previous fiscal year.
(2) CONTENTS.—The report shall include for each Space
Act Agreement in effect at the time of the report—
(A) an indication of whether the agreement is a
reimbursable, non-reimbursable, or funded Space Act
Agreement;
(B) a description of—
(i) the subject and terms;
(ii) the parties;
(iii) the responsible—
(I) Mission Directorate;
(II) Center; or
(III) headquarters element;
(iv) the value;
(v) the extent of the cost sharing among Federal
Government and non-Federal sources;
(vi) the time period or schedule; and
(vii) all milestones; and
(C) an indication of whether the agreement was
renewed during the previous fiscal year.
(3) ANTICIPATED AGREEMENTS.—The report shall include
a list of all anticipated reimbursable, non-reimbursable, and
funded Space Act Agreements for the upcoming fiscal year.
(4) CUMULATIVE PROGRAM BENEFITS.—The report shall
include, with respect to each Space Act Agreement covered
by the report, a summary of—
(A) the technology areas in which research projects
were conducted under that agreement;
(B) the extent to which the use of that agreement—
(i) has contributed to a broadening of the technology and industrial base available for meeting
Administration needs; and
(ii) has fostered within the technology and industrial base new relationships and practices that support
the United States; and
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(C) the total amount of value received by the Federal
Government during the fiscal year under that agreement.
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Approved March 21, 2017.
LEGISLATIVE HISTORY—S. 442:
CONGRESSIONAL RECORD, Vol. 163 (2017):
Feb. 17, considered and passed Senate.
Mar. 7, considered and passed House.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2017):
Mar. 21, Presidential remarks.
Æ
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