Library / Laws / 113th / hr / H.R. 2616 / Introduced in House
I
113th CONGRESS
1st Session
H. R. 2616
IN THE HOUSE OF REPRESENTATIVES
July 8, 2013
Ms. Edwards (for
herself, Ms. Eddie Bernice Johnson of
Texas, Ms. Wilson of
Florida, Mr. Kennedy,
Mr. Grayson,
Mr. Peters of California,
Ms. Bonamici,
Mr. Maffei,
Mr. Swalwell of California,
Mr. Veasey,
Ms. Kelly of Illinois, and
Mr. Kilmer) introduced the following
bill; which was referred to the Committee
on Science, Space, and Technology
A BILL
To authorize the programs of the National Aeronautics and
Space Administration for fiscal years 2014, 2015, and 2016, and for other
purposes.
1.
Short title; table of
contents
(a)
Short
title
This Act may be cited as the National Aeronautics and Space Administration
Authorization Act of 2013.
(b)
Table of
contents
The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Title I—Authorization of Appropriations
Sec. 101. Sense of Congress.
Sec. 102. Fiscal year 2014.
Sec. 103. Fiscal year 2015.
Sec. 104. Fiscal year 2016.
Title II—Human Exploration and Operations
Subtitle A—Exploration
Sec. 201. Goal.
Sec. 202. Roadmap.
Sec. 203. Sense of Congress on international
participation.
Sec. 204. Exploration systems development.
Sec. 205. Space radiation.
Sec. 206. Participatory exploration.
Sec. 207. Sense of Congress on science and
exploration.
Sec. 208. Planetary protection for human exploration
missions.
Subtitle B—International Space Station
Sec. 211. Objectives and policy.
Sec. 212. Sense of Congress regarding operation and utilization
of the ISS beyond 2020.
Sec. 213. Prohibition on precluding ISS operations beyond
2020.
Sec. 214. Criteria for extending ISS operations beyond
2020.
Sec. 215. ISS cargo resupply services lessons
learned.
Sec. 216. Crew transportation to and from the ISS.
Sec. 217. Commercial crew transportation development
independent review.
Sec. 218. Integrated plan to effect maximum utilization of the
ISS.
Sec. 219. Centrifuge.
Sec. 220. Management of the ISS National
Laboratory.
Sec. 221. Barriers impeding enhanced utilization of the ISS’s
National Laboratory by commercial companies.
Subtitle C—Other Operations
Sec. 231. Integrated space communications network and
infrastructure.
Title III—Science
Subtitle A—Space Science
Sec. 301. Sense of Congress regarding a balanced space science
program.
Sec. 302. Sense of Congress regarding integrated testing of
James Webb Space Telescope.
Sec. 303. Sense of Congress regarding WFIRST
mission.
Sec. 304. Astrobiology science strategy.
Sec. 305. Assessment of Mars architecture.
Sec. 306. Radioisotope thermoelectric generators.
Sec. 307. University class science missions.
Subtitle B—Earth Science
Sec. 311. Sense of Congress.
Sec. 312. Comprehensive Earth observation systems and research
program.
Sec. 313. Study on sustained, long-term
measurements.
Sec. 314. Assessment.
Sec. 315. Continuity of moderate resolution land imaging remote
sensing data.
Sec. 316. Venture class missions.
Title IV—Aeronautics
Sec. 401. Sense of Congress.
Sec. 402. Aeronautics research goals.
Sec. 403. Strategic planning for aeronautics
research.
Sec. 404. Research program to determine perceived impact of
sonic booms.
Sec. 405. Research program to facilitate greater use of
composite materials in aircraft.
Sec. 406. Transformative aeronautics research.
Sec. 407. United States leadership in aeronautics
research.
Title V—Space Technology Program
Sec. 501. Sense of Congress.
Sec. 502. Space technology program.
Title VI—Acquisition Management
Sec. 601. Project and program reserves.
Sec. 602. Cost estimation.
Sec. 603. Independent reviews.
Sec. 604. Avoiding organizational conflicts of interest in
major NASA acquisition programs.
Sec. 605. Managing termination liability.
Title VII—Other Provisions
Sec. 701. Facilities and infrastructure.
Sec. 702. NASA education program.
Sec. 703. Independent review of the National Space Grant
College and Fellowship Program.
Sec. 704. Review of practices to detect and prevent the use of
counterfeit parts.
Sec. 705. Remote satellite servicing
demonstrations.
Sec. 706. Astronaut occupational healthcare.
Sec. 707. Use of operational commercial suborbital vehicles for
research, development, and education.
Sec. 708. Fundamental space life and physical sciences
research.
Sec. 709. Restoring NASA’s commitment to engineering
research.
Sec. 710. Near-Earth objects detection.
Sec. 711. Research on near-Earth object tsunami
effects.
Sec. 712. Review of orbital debris removal
concepts.
2.
Definitions
In this Act:
(1)
Administrator
The
term Administrator means the Administrator of the National
Aeronautics and Space Administration.
(2)
Covered
program
The term
covered program means the International Space Station, the Space
Launch System, the Orion multipurpose crew vehicle, and the James Webb Space
Telescope.
(3)
DOE
The
term DOE means the Department of Energy.
(4)
ISS
The
term ISS means the International Space Station.
(5)
NASA
The
term NASA means the National Aeronautics and Space
Administration.
(6)
NOAA
The
term NOAA means the National Oceanic and Atmospheric
Administration.
(7)
Prime
contractor
The term prime contractor means a
person or entity contracting directly with the Federal Government on a covered
program.
(8)
Safety,
Security, and Workforce Support Programs
The term Safety, Security, and
Workforce Support Programs means the programs and activities accounted
for in the Cross-Agency Support Programs accounts in the
National Aeronautics and Space Administration Authorization Act of 2010, and
subsequent appropriations Acts.
(9)
Secretary
The
term Secretary means the Secretary of the Interior.
I
Authorization of
Appropriations
101.
Sense of
Congress
It is the sense of
Congress that a strong, robust NASA program is in the national interest.
Ensuring that NASA can continue to pursue cutting-edge space and aeronautical
research and development activities and push back the frontier of space
exploration requires a sustained and adequate commitment in resources. However,
NASA’s share of the Federal discretionary budgetary authority has declined
significantly relative to even its post-Apollo historical average. Challenging
goals cannot be reached and multimission responsibilities cannot be fulfilled
with the consistent erosion of purchasing power and unstable funding, which
NASA has experienced in recent years. It should be a national goal to restore
NASA’s funding to a level of one percent of the annual Federal budget.
102.
Fiscal year
2014
There are authorized to
be appropriated to NASA for fiscal year 2014, $18,100,000,000, as
follows:
(1) For Exploration,
$4,220,800,000, of which—
(A) $1,650,000,000
shall be for the Space Launch System, $1,230,000,000 shall be for the Orion
multipurpose crew vehicle, and $318,200,000 shall be for Exploration Ground
Systems;
(B) $322,600,000 shall
be for Exploration Research and Development; and
(C) $700,000,000 shall
be for Commercial Spaceflight.
(2) For Space
Operations, $3,761,700,000, of which—
(A) $2,927,900,000
shall be for the ISS program, of which $230,900,000 shall be for ISS research;
and
(B) $833,800,000 shall
be for Space and Flight Support.
(3) For Science,
$5,300,300,000, of which—
(A) $1,846,100,000
shall be for Earth Sciences;
(B) $1,500,000,000
shall be for Planetary Science;
(C) $642,300,000 shall
be for Astrophysics;
(D) $658,200,000 shall
be for the James Webb Space Telescope; and
(E) $653,700,000 shall
be for Heliophysics.
(4) For Aeronautics,
$569,400,000.
(5) For Space
Technology, $615,000,000.
(6) For Education,
$136,100,000.
(7) For Safety, Security, and Workforce Support
Programs, $2,850,300,000.
(8) For Construction
and Environmental Compliance and Restoration, $609,400,000,000, of which
$142,300,000 shall be for Exploration Construction of Facilities.
(9) For Inspector
General, $37,000,000.
103.
Fiscal year
2015
There are authorized to
be appropriated to NASA for fiscal year 2015, $18,462,000,000, as
follows:
(1) For Exploration,
$4,436,200,000, of which—
(A) $1,750,000,000
shall be for the Space Launch System, $1,235,000,000 shall be for the Orion
multipurpose crew vehicle, and $408,400,000 shall be for Exploration Ground
Systems;
(B) $342,800,000 shall
be for Exploration Research and Development; and
(C) $700,000,000 shall
be for Commercial Spaceflight.
(2) For Space
Operations, $4,042,400,000, of which—
(A) $3,197,300,000
shall be for the ISS program, of which $244,300,000 shall be for ISS research;
and
(B) $845,100,000 shall
be for Space and Flight Support.
(3) For Science,
$5,293,100,000, of which—
(A) $1,854,600,000
shall be for Earth Sciences;
(B) $1,500,000,000
shall be for Planetary Science;
(C) $660,000,000 shall
be for Astrophysics;
(D) $645,400,000 shall
be for the James Webb Space Telescope; and
(E) $633,100,000 shall
be for Heliophysics.
(4) For Aeronautics,
$581,000,000.
(5) For Space
Technology, $645,000,000.
(6) For Education,
$136,100,000.
(7) For Safety, Security, and Workforce Support
Programs, $2,850,300,000.
(8) For Construction
and Environmental Compliance and Restoration, $440,900,000.
(9) For Inspector
General, $37,000,000.
104.
Fiscal year
2016
There are authorized to
be appropriated to NASA for fiscal year 2016, $18,868,000,000, as
follows:
(1) For Exploration,
$4,534,200,000, of which—
(A) $1,800,000,000
shall be for the Space Launch System; $1,260,000,000 shall be for the Orion
multipurpose crew vehicle; and $414,200,000 shall be for Exploration Ground
Systems;
(B) $360,000,000 shall
be for Exploration Research and Development; and
(C) $700,000,000 shall
be for Commercial Spaceflight.
(2) For Space
Operations, $4,133,300,000, of which—
(A) $3,319,500,000
shall be for the ISS program, of which $272,200,000 shall be for ISS research;
and
(B) $813,800,000 shall
be for Space and Flight Support.
(3) For Science,
$5,305,600,000 of which—
(A) $1,848,800,000
shall be for Earth Sciences;
(B) $1,500,000,000
shall be for Planetary Science;
(C) $700,000,000 shall
be for Astrophysics;
(D) $620,000,000 shall
be for the James Webb Space Telescope; and
(E) $636,800,000 shall
be for Heliophysics.
(4) For Aeronautics,
$593,800,000.
(5) For Space
Technology, $720,000,000.
(6) For Education,
$136,100,000.
(7) For Safety, Security, and Workforce Support
Programs, $2,937,000,000.
(8) For Construction
and Environmental Compliance and Restoration, $471,000,000.
(9) For Inspector
General, $37,000,000.
II
Human Exploration
and Operations
A
Exploration
201.
Goal
The goal of NASA’s Exploration program shall
be to successfully conduct a crewed mission to the surface of Mars to begin the
human exploration of that planet as part of a broader national goal of human
and robotic exploration of the solar system. NASA’s exploration activities and
investments shall be organized towards the achievement of that goal. Potential
exploration and utilization of the Moon, cis-lunar space, near-Earth asteroids,
Lagrangian points, and Martian moons may be pursued as interim destinations to
the extent that they make significant contributions to the achievement of that
goal.
202.
Roadmap
(a)
In
general
The Administrator
shall establish a roadmap to guide NASA’s planning for the achievement of the
goal established in section 201.
(b)
Requirements
(1)
In
general
The roadmap shall
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, any planned
international collaborative activities, potential commercial contributions, and
other activities relevant to the achievement of the goal established in section
201.
(2)
Initial roadmap
requirement
The first roadmap transmitted under subsection (c)(1)
shall also include an explicit analysis of—
(A) the technical
requirements for pursuing a roadmap to Mars that includes a human and robotic
return to the lunar surface;
(B) the extent to
which inclusion of that intermediate destination would assist in the
achievement of the goal established in section 201; and
(C) the scope of
international participation that might be anticipated and the potential
benefits from such participation if such an intermediate destination were to be
selected.
(3)
Participation
The
development of the roadmap shall, to the maximum extent practicable, involve
the participation of the ISS partnership in its preparation.
(c)
Transmittal
(1)
Initial roadmap
deadline
The first roadmap shall be transmitted to the Committee
on Science, Space, and Technology of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate concurrently
with its submission to the Office of Management and Budget and prior to when
the budget for fiscal year 2015 is transmitted to Congress under section
1105(a) of title 31, United States Code.
(2)
Annual
update
The roadmap shall be
updated annually and transmitted to the Committee on Science, Space, and
Technology of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate with the budget for that fiscal year
transmitted to Congress under section 1105(a) of title 31, United States
Code.
203.
Sense of
Congress on international participation
It is the sense of Congress that the
President should 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 to achieve the goal of successfully
conducting a crewed mission to the surface of Mars.
204.
Exploration
systems development
(a)
In
general
Given the critical
importance of a heavy-lift launch vehicle and crewed spacecraft to enable the
achievement of the goal established in section 201, as well as to the
accomplishment of intermediate exploration milestones and the provision of a
backup capability to transfer crew and cargo to the ISS, the Administrator
shall make the expeditious development, test, and achievement of operational
readiness of the Space Launch System and the Orion multipurpose crew vehicle
the highest priority of the Exploration program. In order to promote safety and
reduce programmatic risk, the Administrator shall budget for and undertake a
robust ground test and uncrewed and crewed flight test and demonstration
program for the Space Launch System and the Orion multipurpose crew vehicle and
shall budget for an operational flight rate sufficient to maintain safety and
operational readiness.
(b)
Government
Accountability Office review
Not later than 270 days after the date of
enactment of this Act, the Comptroller General shall transmit to the Committee
on Science, Space, and Technology of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate a report on
NASA’s acquisition of ground systems in support of the Space Launch System. The
report shall assess the extent to which NASA’s exploration systems development
of ground systems is focused on the direct support of the Space Launch System
and shall identify any ground support projects or activities that NASA is
undertaking that do not solely or primarily support the Space Launch
System.
(c)
Sense of
Congress
It is the sense of
Congress that the President’s annual budget requests for the Space Launch
System and Orion multipurpose crew vehicle development, test, and operational
phases should strive to accurately reflect the resource requirements of each of
those phases, consistent with subsection (a).
205.
Space
radiation
(a)
Strategy and
plan
(1)
In
general
The Administrator shall develop a space radiation
mitigation and management strategy and implementation plan to enable the
achievement of the goal established in section 201 that includes key research
and monitoring requirements, milestones, a timetable, and an estimate of
facility and budgetary requirements.
(2)
Coordination
The
strategy shall include a mechanism for coordinating NASA research, technology,
facilities, engineering, operations, and other functions required to support
the strategy and plan.
(3)
Transmittal
Not
later than 1 year after the date of enactment of this Act, the Administrator
shall transmit the strategy and plan to the Committee on Science, Space, and
Technology of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate.
(b)
Space radiation
research facilities
The Administrator, in consultation with the
heads of other appropriate Federal agencies, shall assess the national
capabilities for carrying out critical ground-based research on space radiation
biology and shall identify any issues that could affect the ability to carry
out that research.
206.
Participatory
exploration
The Administrator
shall identify opportunities to—
(1) leverage
technologies in NASA’s Exploration program to deliver a rich, multimedia
experience to the public; and
(2) facilitate
participation by the public, the private sector, nongovernmental organizations,
and international partners in outreach efforts related to the Exploration
program.
207.
Sense of
Congress on science and exploration
It is the sense of Congress that the
Administrator should strive to make use of the synergies between science and
human exploration in ways that maximize the benefits to both sets of
activities.
208.
Planetary
protection for human exploration missions
(a)
Study
The
Administrator shall enter into an arrangement with the National Academies for a
study to explore the planetary protection ramifications of future missions by
astronauts to the lunar polar regions, near-Earth asteroids, the moons of Mars,
and the surface of Mars.
(b)
Scope
The
study shall—
(1) collate and
summarize what has been done to date with respect to planetary protection
measures to be applied to human missions to the lunar polar regions, near-Earth
asteroids, the moons of Mars, and the surface of Mars;
(2) identify and
document planetary protection concerns associated with human missions to the
lunar polar regions, near-Earth asteroids, the moons of Mars, and the surface
of Mars;
(3) develop a
methodology, if possible, for defining and classifying the degree of concern
associated with each likely destination;
(4) assess likely
methodologies for addressing planetary protection concerns; and
(5) identify areas for
future research to reduce current uncertainties.
(c)
Completion
date
Not later than 2 years after the date of enactment of this
Act, the Administrator shall provide the results of the study to the Committee
on Science, Space, and Technology of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate.
B
International
Space Station
211.
Objectives and
policy
The United States ISS
program shall have two primary objectives: supporting achievement of the goal
established in section 201 and pursuing a research program that advances
knowledge and provides benefits to society. It shall continue to be the policy
of the United States to, in consultation with its international partners in the
ISS program, support full and complete utilization of the ISS through at least
2020.
212.
Sense of
Congress regarding operation and utilization of the ISS beyond
2020
It is the sense of
Congress that the operation and utilization of the ISS beyond 2020 should be
considered if the Administrator determines that the ISS is functioning as a
productive research facility in the years prior to 2020 or that operation and
utilization of the ISS past 2020 is essential for the achievement of the goal
established in section 201, and the Administrator’s determination is validated
by an independent external review.
213.
Prohibition on
precluding ISS operations beyond 2020
The Administrator shall take no steps that
would preclude continued United States operation and utilization of the ISS
after 2020.
214.
Criteria for
extending ISS operations beyond 2020
(a)
In
general
The Administrator
shall—
(1) establish specific
criteria for determining how long the ISS can and should continue operations;
and
(2) identify the
actions needed to deorbit the ISS once a decision is made to deorbit the
laboratory.
(b)
Report
The
Administrator shall transmit a report to the Committee on Science, Space, and
Technology of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate documenting such criteria and deorbit
actions not later than 180 days after the date of enactment of this Act.
215.
ISS cargo
resupply services lessons learned
Not later than 120 days after the date of
enactment of this Act, the Administrator shall transmit a report to the
Committee on Science, Space, and Technology of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate
that—
(1) identifies the
lessons learned to date from the Commercial Resupply Services contract;
(2) indicates whether
changes are needed to the manner in which NASA procures and manages similar
services upon the expiration of the existing Commercial Resupply Services
contract; and
(3) identifies any
lessons learned from the Commercial Resupply Services contract that should be
applied to the procurement and management of commercially provided crew
transfer services to and from the ISS.
216.
Crew
transportation to and from the ISS
(a)
Objective
The
objective of NASA’s Commercial Crew Program shall be to assist the development
of at least one crew transportation system to carry NASA astronauts safely,
reliably, and affordably to and from the ISS and to serve as an emergency crew
rescue vehicle as soon as practicable within the funding levels authorized in
this Act.
(b)
Sense of
congress
It is the sense of
Congress that once developed and certified to meet NASA’s safety and
reliability requirements, United States commercially provided crew
transportation systems offer the potential of serving as the primary means of
transporting American astronauts and international partner astronauts to and
from the ISS and serving as ISS emergency crew rescue vehicles. At the same
time, the budgetary assumptions used by NASA in its planning for the Commercial
Crew Program have consistently assumed significantly higher funding levels than
have historically been authorized and appropriated by Congress. It is the sense
of Congress that credibility in the Administration’s budgetary estimates for
the Commercial Crew Program can be enhanced by an independently developed cost
estimate. It is further the sense of Congress that this lack of budgetary
realism in the planning process creates unnecessary inefficiencies and
increased programmatic risk, and NASA should thus adjust its planning process
to realistically reflect the levels of funding authorized in this Act. NASA’s
plans indicate that it will not be able to begin contracted-for crew
transportation resupply operational flights until fiscal year 2018 even under
its optimistic funding assumptions, which means that NASA is not likely to have
a requirement for more than a total of 8 commercially provided crew rotation
flights prior to the expiration of the current Congressional commitment to
continued operation of the ISS in 2020. Thus, it is also the sense of Congress
that the highest priority of the Commercial Crew Program should be assisting
the development of a safe, reliable, and affordable crew transportation system
for transporting NASA astronauts to and from the ISS as soon as practicable
within the funding levels authorized in this Act rather than making a specific
date for the initiation of operational service drive the program planning.
(c)
Independent cost
estimate
(1)
Requirement
Not
later than 30 days after the Federal Acquisition Regulation-based contract
described in subsection (d)(2) is awarded, the Administrator shall arrange for
the initiation of an Independent Cost Estimate for—
(A) all activities
associated with the development, test, demonstration, and certification of
commercial crew transportation systems; and
(B) transportation and
rescue services required by NASA for ISS operations through calendar year 2020
or later if NASA requirements so dictate.
(2)
Transmittal
Not
later than one year after initiation of the Independent Cost Estimate under
paragraph (1), the Administrator shall transmit the results of the Independent
Cost Estimate to the Committee on Science, Space, and Technology of the House
of Representatives and the Committee on Commerce, Science, and Transportation
of the Senate.
(d)
Acquisition
Approach
(1)
Restriction
The Administrator shall not exercise any
optional milestones beyond the base period of the Space Act Agreements
established under the Commercial Crew Integrated Capability initiative.
(2)
Source
selection
To cover all
development, test, demonstration, and certification activities not included in
the base period of the Commercial Crew Integrated Capability Space Act
Agreements, the Administrator shall conduct a Federal Acquisition
Regulation-based competitive source selection for a cost plus incentive fee
contract for all activities related to the development, test, demonstration,
and certification of one or more commercially provided crew transportation
systems to transport NASA astronauts to and from the ISS and serve as an
emergency crew rescue vehicle as soon as practicable under the authorized
funding and while ensuring that all safety requirements are met. The number of
systems selected shall be consistent with the funding levels authorized in this
Act. The Administrator shall identify a methodology by which NASA will ensure
that the Government is not charged for contractor costs incurred during
development, testing, demonstration, and certification activities by an awardee
of the Federal Acquisition Regulation-based contract for operational commercial
crew transportation services.
(3)
Cost
minimization
The Administrator shall strive through the
competitive selection process to minimize the life cycle cost to NASA through
the planned period of commercially provided crew transportation
services.
(e)
Safety
Consistent
with the findings and recommendations of the Columbia Accident Investigation
Board, the Administrator shall seek to ensure that minimization of the
probability of loss of crew shall be an important selection criterion in the
competitive selection described in subsection (d).
(f)
Determination of
cost-Effectiveness of services
NASA, prior to contracting for
commercial crew transportation services, shall identify the manner by which it
will establish whether such transportation services provide an equally or more
cost-effective alternative to current services.
(g)
Operational
services contract
(1)
In
general
The Administrator may not enter into a contract for
commercially provided crew transportation services developed and certified as
described in subsection (b) in which the price per seat or total amount charged
per year shall be greater than the amount charged per seat or on an annual
basis for Soyuz crew transfer services agreed to on April 22, 2013.
(2)
Report
Not later than 60 days before entering into
a contract for commercial crew transportation services, the Administrator shall
provide a report to the Committee on Science, Space, and Technology of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate identifying the methodology and criteria by which
the Administrator determined that the price per seat or total annual amount
charged per year of procured commercial transportation services is not greater
than the amount charged per seat for Soyuz crew transfer services agreed to on
April 22, 2013. The Administrator shall also certify, using the methodology
identified pursuant to subsection (d)(2), that the service transportation costs
contracted for do not include contractor costs incurred during development,
testing, demonstration, and certification activities. If the Administrator
determines that NASA is unable to enter into a contract under the terms
specified in paragraph (1), the Administrator shall report that determination
to the Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Commerce, Science, and Transportation of
the Senate, and shall also report what alternative contract arrangement the
Administrator will seek to enter into at least 60 days before entering into
such an alternative contract.
217.
Commercial crew
transportation development independent review
(a)
In
general
The congressionally established Aerospace Safety Advisory
Panel (ASAP) shall conduct a review to determine whether NASA has—
(1) adequate assurance
that the requirements, standards, and processes for commercial transportation
systems developed with NASA funding are held to the same safety standards as
Government human spaceflight missions; and
(2) developed a
procedure to provide independent assurance of flight safety and flight
readiness before the authorization of United States Government personnel to
participate as crew onboard any commercial space transportation system.
(b)
Report
Not
later than 1 year after the date of enactment of this Act, the Aerospace Safety
Advisory Panel shall transmit to the Committee on Science, Space, and
Technology of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report describing—
(1) the Panel’s
assessment of NASA’s certification strategy, specifications, and
guidance;
(2) the Panel’s view
of the mandatory safety requirements that must be met; and
(3) the steps NASA and
the commercial space industry need to take to ensure that commercial crew
transportation and rescue vehicles have requirements, standards, and processes
equivalent to those of NASA.
(c)
Prohibition
against financial commitment prior to ASAP report
The
Administrator may not enter into any financially binding contract with a
commercial space transportation services provider for crew transportation
services until 30 days after the Committees’ receipt of the report under
subsection (b).
(d)
Certification
The Administrator may not enter into any
financially binding contract with a commercial space transportation services
provider for crew transportation services until—
(1) the Administrator
has transmitted to the Committee on Science, Space, and Technology of the House
of Representatives and the Committee on Commerce, Science, and Transportation
of the Senate a certification that—
(A) the provider with
which a contract is planned has demonstrated the safety and reliability of its
systems for crew transportation and crew rescue to be equivalent to
NASA-promulgated safety and reliability policies, procedures, and standards for
human spaceflight; and
(B) successful flight
experience accrued has provided NASA with sufficient safety-related and
reliability-related data and information to make an informed assessment about
the flight readiness; and
(2) all
indemnification and liability issues associated with the use of such systems by
the United States Government have been addressed, and the Administrator has
transmitted to the Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Commerce, Science, and Transportation of
the Senate a report describing the indemnification and liability provisions
that are planned to be included in such contracts.
218.
Integrated plan
to effect maximum utilization of the ISS
(a)
Purpose
NASA
shall seek to maximize the productivity and use of the ISS with respect to
scientific and technological research and development, advancement of space
exploration, and international collaboration.
(b)
Plan
NASA
shall develop an up-to-date, comprehensive, and integrated plan to achieve the
purpose stated in subsection (a) that includes—
(1) a
list of planned activities, including any activities in support of the goal
established in section 201, that the Administrator believes require extension
of the ISS beyond 2020 to carry out, along with the rationale for carrying out
those activities;
(2) funding
requirements;
(3) research or
technology objectives to be achieved, including those established to enable the
achievement of the goal established in section 201;
(4) success criteria;
and
(5) the details
of—
(A) the specific
objectives for using the ISS through 2020;
(B) priorities
attributed to these objectives;
(C) resources required
to achieve these objectives on an annual basis;
(D) how NASA will
achieve those objectives and how Congress can measure NASA’s progress on those
objectives;
(E) key assumptions
driving the plan; and
(F) what NASA will do
with the unused capacity and capabilities of the ISS if potential users of the
National Laboratory decide not to make significant use of it.
(c)
Report
Not
later than 180 days after the date of enactment of this Act, the Administrator
shall provide to the Committee on Science, Space, and Technology of the House
of Representatives and the Committee on Commerce, Science, and Transportation
of the Senate, and concurrently to the Office of Management and Budget, the
plan developed under subsection (b).
219.
Centrifuge
If a commitment is made to extend ISS
operation and utilization past 2020, the Administrator shall take all necessary
steps to provide for the inclusion on the ISS of a variable gravity centrifuge
of sufficient size and capability to support both plant and animal research,
along with necessary support facilities, as soon as practicable.
220.
Management of
the ISS National Laboratory
(a)
Assessment
The Administrator shall enter into an
arrangement with the National Academies for an independent assessment of the
status of and performance under the cooperative agreement with the Center for
the Advancement of Science in Space (CASIS) for the management of the portion
of the ISS that operates as a United States National Laboratory.
(b)
Report
Not
later than 1 year after the date of enactment of this Act, the Administrator
shall transmit to the Committee on Science, Space, and Technology of the House
of Representatives and the Committee on Commerce, Science, and Transportation
of the Senate a report containing the independent assessment conducted pursuant
to subsection (a). The report shall address—
(1) the extent to
which CASIS is helping to ensure that the ISS’s unique capabilities are
available to the broadest possible cross section of United States scientific,
technological, and industrial communities;
(2) the status of
CASIS’s development and management of a varied research and development
portfolio based on United States national needs;
(3) progress in
establishing a marketplace to facilitate matching research pathways with
qualified funding sources;
(4) efforts to
stimulate interest in using the National Laboratory for research and technology
demonstrations and as a platform for science, technology, engineering, and
mathematics (STEM) education; and
(5) the status of
NASA’s efforts to transition responsibilities to CASIS for managing the
National Laboratory research portfolio, including planning and coordinating
ground and on-orbit research activities.
221.
Barriers
impeding enhanced utilization of the ISS’s National Laboratory by commercial
companies
(a)
Sense of
congress
It is the sense of Congress that—
(1) enhanced
utilization of the ISS’s National Laboratory requires a full understanding of
the barriers impeding such utilization and actions needed to be taken to remove
or mitigate them to the maximum extent practicable; and
(2) doing so will
allow NASA to encourage commercial companies to invest in microgravity research
using National Laboratory research facilities.
(b)
Assessment
The
Administrator shall enter into an arrangement with the National Academies for
an assessment to—
(1) identify barriers
impeding enhanced utilization of the ISS’s National Laboratory;
(2) recommend ways to
encourage commercial companies to make greater use of the ISS’s National
Laboratory, including corporate investment in microgravity research; and
(3) identify any
legislative changes that may be required.
(c)
Transmittal
Not
later than one year after the date of enactment of this Act, the Administrator
shall transmit to the Committee on Science, Space, and Technology of the House
of Representatives and the Committee on Commerce, Science, and Transportation
of the Senate the results of the assessment described in subsection (b).
C
Other
Operations
231.
Integrated
space communications network and infrastructure
(a)
Plan
The
Administrator shall prepare an updated plan for NASA’s near-Earth, space, and
deep space communications network and infrastructure. The plan shall—
(1) identify steps to
sustain the existing network and infrastructure;
(2) assess the
capabilities, including any upgrades, needed to support NASA’s programs;
(3) identify
priorities for how resources should be used to implement the plan; and
(4) assess the impact
on missions if resources are not secured at the level needed.
(b)
Transmittal
Not
later than 270 days after the date of enactment of this Act, the Administrator
shall transmit the plan to the Committee on Science, Space, and Technology of
the House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
III
Science
A
Space
Science
301.
Sense of
Congress regarding a balanced space science program
It is the sense of Congress that a balanced
and adequately funded set of activities consistent with the priorities
identified in the National Academies’ decadal surveys constitutes a robust and
productive space science program that will advance knowledge and serve as a
catalyst for innovation, with such activities consisting of—
(1) research and
analysis grants programs;
(2) technology
development;
(3) small, medium, and
large space missions; and
(4) suborbital
research activities.
302.
Sense of
Congress regarding integrated testing of James Webb Space
Telescope
It is the sense of
Congress that—
(1) the James Webb
Space Telescope (JWST) will revolutionize our understanding of star and planet
formation and how galaxies evolved, and advance the search for the origins of
our universe;
(2) the JWST will
enable American scientists to maintain their leadership in astrophysics and
other disciplines;
(3) the JWST program
is making steady progress towards a launch in 2018;
(4) the on-time and
on-budget delivery of JWST is a high congressional priority; and
(5) maintaining this
progress will require the Administrator to 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 JWST’s
development schedule.
303.
Sense of
Congress regarding WFIRST mission
It is the sense of Congress that the
Administrator, to the extent practicable, should make progress on the
technologies and capabilities needed to position NASA to meet the objectives of
the Wide-Field Infrared Survey Telescope (WFIRST) mission, 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. It is further the sense of Congress that the WFIRST mission
has the potential to enable scientific discoveries that will transform our
understanding of the universe.
304.
Astrobiology
science strategy
(a)
Finding
Both
the National Academies’ astronomy and astrophysics decadal survey of 2010 and
the planetary science decadal survey of 2011 discuss scientific objectives
related to astrobiology. However, a comprehensive, independent science strategy
for astrobiology has not been carried out.
(b)
Science
strategy
Building on the work of the Astrobiology Roadmap
process, the Administrator shall enter into an arrangement with the National
Academies for a comprehensive assessment of the state of science in
astrobiology and development of a strategy for astrobiology science research
and activities. The strategy shall take into account the National Academies’
planetary science and astronomy and astrophysics decadal surveys as well as
other relevant National Academies studies on NASA’s astrobiology
program.
(c)
Transmittal
Not
later than 20 months after the date of enactment of this Act, the Administrator
shall transmit the results of the study to the Committee on Science, Space, and
Technology of the House of Representatives and to the Committee on Commerce,
Science, and Transportation of the Senate.
305.
Assessment of
Mars architecture
(a)
Assessment
The
Administrator shall enter into an arrangement with the National Academies to
assess—
(1) NASA’s revised
post-2016 Mars exploration architecture and its responsiveness to the
strategies, priorities, and guidelines put forward by National Academies’
planetary science decadal surveys and other relevant National Academies
Mars-related reports;
(2) the long-term
goals of NASA’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 architecture’s relationship to
Mars-related activities to be undertaken by agencies and organizations outside
of the United States; and
(4) the extent to
which the Mars architecture represents a reasonably balanced mission
portfolio.
(b)
Transmittal
Not
later than 18 months after the date of enactment of this Act, the Administrator
shall transmit the results of the assessment to the Committee on Science,
Space, and Technology of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate.
306.
Radioisotope
thermoelectric generators
(a)
Sense of
congress
It is the sense of Congress that conducting deep space
exploration requires radioisotope thermoelectric generators, and establishing
continuity in the production of the material needed to power these generators
is paramount to the success of these future deep space missions. It is further
the sense of Congress that Federal agencies supporting NASA in the production
of such material should do so in a cost effective manner so as not to impose
excessive reimbursement requirements on NASA.
(b)
Analysis of
requirements and risks
The Administrator, in consultation with
other Federal agencies, shall conduct an analysis of NASA requirements for
radioisotope power system material. The analysis shall—
(1) detail NASA’s
current projected mission requirements, and associated timeframes, for
radioisotope power system material;
(2) identify the
assumptions used to determine NASA’s requirements for the material,
including—
(A) the planned use of Advanced Stirling
Radioisotope Generator technology;
(B) the status of and
timeline for completing development and demonstration of the Advanced Stirling
Radioisotope Generator technology, including the development of flight
readiness requirements; and
(C) the risks,
implications, and contingencies for NASA mission plans of any delays or
unanticipated technical challenges related to the anticipated use of Advanced
Stirling Radioisotope Generator technology;
(3) assess the risk to
NASA programs of any potential delays in achieving the schedule and milestones
for planned domestic production of radioisotope power system material;
(4) describe the
process for meeting any additional NASA requirements for the material;
(5) provide an
estimate of the incremental costs required to increase the amount of material
produced each year, if such an increase is needed to support additional NASA
requirements for the material;
(6) provide details
on—
(A) what costs NASA
will incur that are associated with the radioisotope power systems used by NASA
and other Government entities; and
(B) how NASA will
ensure that its reimbursements to DOE are equitable and justified;
(7) identify what
steps, if any, NASA will take with DOE to preserve the infrastructure and
workforce necessary for production of radioisotope power systems; and
(8) identify the
extent to which NASA’s strategy is responsive to the recommendations and
findings from the National Research Council’s 2009 report titled
Radioisotope Power Systems: An Imperative for Maintaining U.S.
Leadership in Space Exploration.
(c)
Transmittal
Not later than 180 days after the date of
enactment of this Act, the Administrator shall transmit the results of the
analysis to the Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Commerce, Science, and Transportation of
the Senate.
307.
University
class science missions
(a)
Sense of
congress
It is the sense of Congress that principal
investigator-led small orbital science missions, including CubeSat class,
University Explorer (UNEX) 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 in the
program to acquire skills in systems engineering and systems integration that
are critical to maintaining the Nation’s leadership in space and to enhancing
the United States’ innovation and competitiveness agendas.
(b)
Review of
principal investigator-Led small orbital science missions
The
Administrator shall conduct a review of the science missions described in
subsection (a). The review shall include—
(1) the status,
capability, and availability of existing small orbital science mission programs
and the extent to which each program enables the participation of university
scientists and students;
(2) the opportunities
such mission programs provide for scientific research;
(3) the opportunities
such mission programs provide for training and education, including scientific
and engineering workforce development, including for the NASA scientific and
engineering workforce; and
(4) the extent to
which commercial applications such as hosted payloads, free flyers, and data
buys could provide measurable benefits for such mission programs, while
preserving the principle of independent peer review as the basis for mission
selection.
(c)
Report
Not
later than 270 days after the date of enactment of this Act, the Administrator
shall transmit to the Committee on Science, Space, and Technology of the House
of Representatives and the Committee on Commerce, Science, and Transportation
of the Senate a report on the review required under subsection (b) and on
recommendations to enhance principal investigator-led small orbital science
missions conducted by NASA in accordance with the results of the review under
subsection (b).
B
Earth
Science
311.
Sense of
Congress
It is the sense of
Congress that, as recognized in the National Academy of Sciences’ report,
America’s Future in Space, the United States, as a global
leader, bears a special responsibility to share its expertise and the knowledge
and understanding it develops on how best to care for the planet. It is
the further sense of Congress that the Earth’s climate and systems create
vulnerabilities against which the United States, in cooperation with other
countries, must develop resilience. A commitment to a comprehensive space-based
Earth observing system is necessary to provide the data to understand Earth’s
changing climate and to predict the impacts at the regional level. It also the
sense of Congress that NASA’s capabilities and skills play a critical role in
carrying out Earth science observations and conducting basic and applied
research in coordination with other relevant Federal agencies. It is the
further sense of Congress that NASA is being asked to undertake important Earth
science activities in an environment of increasingly constrained fiscal
resources, and that any transfer of additional responsibilities to NASA, such
as climate instrument development and measurements that are currently part of
the NOAA portfolio, should be accompanied by the provision of additional
resources to allow NASA to carry out the increased responsibilities without
adversely impacting its implementation of its existing Earth science programs
and priorities.
312.
Comprehensive
Earth observation systems and research program
(a)
In
general
The Administrator shall continue to carry out a balanced
Earth science program that includes Earth science research, Earth systematic
missions, competitive Venture class missions, other missions and data analysis,
mission operations, technology development, and applied sciences, consistent
with the recommendations and priorities established in the National Academies’
Earth Science Decadal Survey.
(b)
Collaboration
The
Administrator shall collaborate with other Federal agencies, including NOAA,
non-Government entities, and international partners, as appropriate, in
carrying out NASA’s Earth science program.
313.
Study on
sustained, long-term measurements
(a)
Study
The
Administrator shall enter into an arrangement with the National Academies for a
study to develop a framework for—
(1) analyzing the
needs for continuity of environmental and climate measurements of the Earth
from space;
(2) establishing
methodologies and metrics for determining whether measurements should be
collected for extended periods and for prioritizing those measurements;
(3) determining a
prioritized list of measurements if appropriate;
(4) assessing the
feasibility of achieving continuity or near-continuity of measurements;
and
(5) considering issues
related to the balance among cost, risk, and performance regarding the
sustainment of measurements.
(b)
Report
Not
later than 20 months after the date of enactment of this Act, the Administrator
shall transmit the results of the study to the Committee on Science, Space, and
Technology of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate.
314.
Assessment
The Administrator shall carry out a
scientific assessment of NASA’s Earth science global datasets for the purpose
of identifying those datasets that are useful for understanding regional
changes and variability, and for informing the societal benefit areas
identified in the National Global Change Research Plan 2012–2021. The
Administrator shall complete and transmit the assessment to the Committee on
Science, Space, and Technology of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate not later than
180 days after the date of enactment of this Act.
315.
Continuity of
moderate resolution land imaging remote sensing data
(a)
Policy
Congress
reaffirms the finding in section 2(1) of the Land Remote Sensing Policy Act of
1992 (15 U.S.C. 5601(1)) which stated that The continuous collection and
utilization of land remote sensing data from space are of major benefit in
studying and understanding human impacts on the global environment, in managing
the Earth’s natural resources, in carrying out national security functions, and
in planning and conducting many other activities of scientific, economic, and
social importance..
(b)
Continuous land
remote sensing data collection
The Director of the Office of Science and
Technology Policy shall take steps in consultation with other relevant Federal
agencies to ensure, to the maximum extent practicable, the continuous
collection of space-based, medium-resolution observations of the Earth’s land
cover and to ensure that the data are made available in such ways as to
facilitate the widest possible use.
316.
Venture class
missions
It is the sense of
Congress that NASA’s Venture class missions provide opportunities for
innovation in the Earth sciences program, offer low-cost approaches for
high-quality competitive science investigations, enable frequent flight
opportunities to engage the Earth science and applications community, and serve
as a training ground for students and young scientists. It is further the sense
of Congress that NASA should seek to increase the number of Venture class
projects to the extent practicable as part of a balanced Earth science
program.
IV
Aeronautics
401.
Sense of
Congress
It is the sense of
Congress that—
(1) aeronautics
research continues to be an important core element of NASA’s mission and should
be supported;
(2) technologies
developed by NASA help to secure the leadership role of the United States in
global aviation, enhance the competitiveness of the United States in the world
economy, and improve the quality of life of all our citizens;
(3) NASA’s aeronautics
research should be guided by, and consistent with, the National Aeronautics
Research and Development Policy;
(4) strategic planning
conducted with stakeholder input enhances both the focus and relevancy of
NASA’s aeronautics research; and
(5) carrying
aeronautics research to a level of maturity that allows NASA’s research results
to be transitioned to the users, whether private or public sector, is critical
to their eventual adoption.
402.
Aeronautics
research goals
The
Administrator shall ensure that NASA maintains a strong aeronautics research
portfolio ranging from fundamental research through integrated systems research
with specific research goals, including the following:
(1)
Airspace
Capacity
NASA’s Aeronautics Research Mission Directorate
shall—
(A) address research
needs of the Next Generation Air Transportation System (NextGen), including the
ability of the National Airspace System to handle up to 3 times the current
travel demand by 2025 and safely integrate the operations of autonomous
vehicles; and
(B) identify critical
gaps in technology which must be bridged to enable the Federal Aviation
Administration to implement NextGen so that safety and productivity
improvements can be achieved as soon as possible.
(2)
Environmental
Sustainability
Such Directorate shall consider and pursue
concepts to reduce noise, emissions, and fuel consumption while maintaining
high safety standards, and conduct research related to the impact of
alternative fuels on the safety, reliability, and maintainability of current
and new air vehicles.
(3)
Aviation
Safety
Such Directorate shall proactively address safety
challenges associated with current and new air vehicles and with operations in
the Nation’s current and future air transportation system.
(4)
Integrated
Systems Research
Such Directorate shall mature the most promising
technologies to the point at which they can be demonstrated in a relevant
environment and shall integrate individual components and technologies as
appropriate to ensure that they perform in an integrated manner as well as they
do when operated individually.
403.
Strategic
planning for aeronautics research
In pursuing the research and development
initiatives described in section 402, the Administrator shall ensure that
recommendations from reviews by the National Academies on NASA’s aeronautics
research-related activities are fully considered as NASA performs a top-down
planning process supported by analyses, expert opinion, and community input,
including input from other Federal Government agencies, industry, and academia.
The Administrator shall continue to solicit input from the community on high
priority research and development needs through periodic meetings of the
National Research Council-enabled Aeronautics Research and Technology
Roundtable.
404.
Research
program to determine perceived impact of sonic booms
(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 would open new global markets and
enable new transportation capabilities; and
(2) a
research program is needed 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)
Flight
demonstrations
The Administrator shall continue NASA’s
cooperative research program with industry and work with industry partners to
design, build, and fly a demonstrator to collect data on the perceived impact
of sonic booms that could enable the promulgation of appropriate standards for
overland commercial supersonic flight operations.
(c)
Coordination
The
Administrator shall ensure that sonic boom research is coordinated as
appropriate with the Administrator of the Federal Aviation
Administration.
405.
Research
program to facilitate greater use of composite materials in
aircraft
The Administrator
shall continue NASA’s cooperative research program with industry to identify
and demonstrate more effective and safe ways of developing, manufacturing, and
maintaining composite materials for use in airframes, subsystems, and
propulsion components.
406.
Transformative
aeronautics research
It is the
sense of Congress that the Administrator, in looking strategically into the
future and ensuring that NASA’s Center personnel are at the leading edge of
aeronautics research, should continue building on NASA’s Innovative Concepts
for Aviation project that supports the early-stage advancement of new
processes, novel concepts, and innovative technologies that have the potential
to meet national aeronautics needs. The Administrator shall continue to ensure
that awards for the investigation of these concepts and technologies are open
for competition among NASA civil servants at its Centers, separate from other
awards open only to non-NASA sources, including the Jet Propulsion
Laboratory.
407.
United States
leadership in aeronautics research
(a)
Sense of
congress
It is the sense of Congress that—
(1) it is critical
that the United States maintain its leadership in civil aeronautics
research;
(2) other countries
are making concerted efforts to reach and then surpass the United States in
civil aeronautics research; and
(3) it is critical
that this challenge be met.
(b)
Study
The
Administrator shall enter into an arrangement with the National Academies for a
study to benchmark the position of the United States in civil aeronautics
research compared to the rest of the world. The study shall—
(1) seek to define
metrics by which relative leadership in civil aeronautics research can be
determined;
(2) ascertain whether
other countries are catching up or have surpassed the United States in civil
aeronautics research;
(3) identify in what
areas the United States is losing ground; and
(4) provide
recommendations on what can be done to regain or retain global leadership,
including—
(A) defining the role
NASA needs to play;
(B) identifying
public-private partnerships that could be formed; and
(C) estimating the
impact on NASA’s budget should such recommendations be implemented.
(c)
Report
Not
later than 18 months after the date of enactment of this Act, the Administrator
shall provide the results of the study to the Committee on Science, Space, and
Technology of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate.
V
Space
Technology Program
501.
Sense of
Congress
It is the sense of
Congress that space technology is critical to—
(1) enabling a new
class of NASA missions beyond low-Earth orbit;
(2) developing
technologies and capabilities that will make NASA’s missions more affordable
and more reliable; and
(3) improving
technological capabilities and promoting innovation for NASA and the
Nation.
502.
Space
technology program
(a)
Establishment
The
Administrator shall establish a space technology program to enable research and
development on advanced space technologies and systems that are independent of
specific space mission flight projects. The program shall support—
(1) early-stage
concepts and innovation;
(2) development of
innovative technologies in areas such as in-space chemical and electrical
propulsion, power generation and storage, liquid rocket propulsion, avionics,
structures, and materials that may enable new approaches to human and robotic
space missions;
(3) flight
demonstrations of technologies, including those that have the potential to
benefit multiple NASA mission directorates, other Federal Government agencies,
and the commercial space industry;
(4) NASA commitments
to Small Business Innovation Research (SBIR) and Small Business Technology
Transfer (STTR) programs and activities; and
(5) research,
development, and demonstration of enabling technologies in support of future
exploration missions.
(b)
Research and
development program
In conducting the space technology program
established under this section, the Administrator shall—
(1) to the maximum
extent practicable, use a competitive process to select projects to be
supported as part of the program;
(2) make use of small
satellites and NASA suborbital platforms, to the extent practicable, to
demonstrate space technology concepts and developments; and
(3) undertake
partnerships with other Federal agencies, universities, private industry, and
other spacefaring nations, as appropriate.
(c)
Report
Not
later than 180 days after the date of enactment of this Act, the Administrator
shall provide to the Committee on Science, Space, and Technology of the House
of Representatives and the Committee on Commerce, Science, and Transportation
of the Senate a report comparing NASA’s space technology investments with the
16 high-priority technology areas identified by the National Academies in the
National Research Council’s report on NASA’s Space Technology Roadmaps. The
Administrator shall identify how NASA will address any gaps between the
agency’s investments and the recommended technology areas, including a
projection of funding requirements.
VI
Acquisition
Management
601.
Project and
program reserves
(a)
Sense of
congress
It is the sense of Congress that the judicious use of
program and project reserves provides NASA project and program managers with
the flexibility needed to manage projects and programs to ensure that the
impacts of contingencies can be mitigated.
(b)
Financial
discipline
To ensure that the establishment, maintenance, and
allotment of project and program reserves contribute to prudent management, not
later than 180 days after the date of enactment of this Act the Administrator
shall transmit to the Committee on Science, Space, and Technology of the House
of Representatives and the Committee on Commerce, Science, and Transportation
of the Senate a report describing—
(1) NASA’s criteria
for establishing the amount of reserves held at the project and program
levels;
(2) how such criteria
relate to the agency’s policy of budgeting at a 70-percent confidence level;
and
(3) NASA’s criteria
for waiving the policy of budgeting at a 70-percent confidence level.
602.
Cost
estimation
(a)
Sense of
congress
It is the sense of Congress that realistic cost
estimating is critically important to the ultimate success of major space
development projects. NASA has devoted significant efforts over the past five
years to improving its cost estimating capabilities, but it is important that
NASA continue its efforts to develop and implement guidance in establishing
realistic cost estimates.
(b)
Guidance and
criteria
The Administrator shall provide to programs and
projects—
(1) guidance on
whether and when an Independent Cost Estimate and Independent Cost Assessment
should be used; and
(2) the criteria to be
used to make such a determination.
(c)
Report
Not
later than 270 days after the date of enactment of this Act, the Administrator
shall transmit to the Committee on Science, Space, and Technology of the House
of Representatives and the Committee on Commerce, Science, and Transportation
of the Senate a report—
(1) describing efforts
to enhance internal cost estimation and assessment expertise;
(2) identifying criteria used by programs and
projects in determining whether and when to conduct an Independent Cost
Estimate or Independent Cost Assessment; and
(3) listing the costs of each individual
Independent Cost Estimate or Independent Cost Assessment activity conducted in
fiscal year 2011, fiscal year 2012, and fiscal year 2013, the purpose of the
activity, and key findings and recommendations.
603.
Independent
reviews
Not later than 270
days after the date of enactment of this Act, the Administrator shall transmit
to the Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Commerce, Science, and Transportation of
the Senate a report describing—
(1) the internal
entities independent of project and program management that conduct reviews of
projects and programs at life cycle milestones; and
(2) how NASA ensures
the independence of such entities and their members.
604.
Avoiding
organizational conflicts of interest in major NASA acquisition
programs
(a)
Revised
regulations required
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 provide uniform guidance and tighten
existing requirements for organizational conflicts of interest by contractors
in major acquisition programs.
(b)
Elements
The
revised regulations required by 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;
(2) ensure that NASA
receives 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 may be
necessary to ensure that NASA 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.
605.
Managing
termination liability
(a)
Reservation of
funds
The Administrator may not reserve funds or require the
reservation of funds for potential termination liability with respect to a
covered program. Funds that have been reserved before the date of enactment of
this Act for potential termination liability shall be promptly used to make
maximum progress in meeting the established goals and milestones of the covered
program.
(b)
Termination for
convenience
The Administrator may not initiate the termination
for the convenience of the Government of a contract on a covered program
unless—
(1) the termination of
such contract or program is explicitly provided for by a law enacted after the
date of enactment of this Act; and
(2) either—
(A) the Administrator
has provided a supplemental appropriation request under subsection (c) with
respect to associated termination liability costs; or
(B) sufficient funds are available to cover
such termination liability costs in the appropriations account that is funding
the prime contract being terminated.
(c)
Supplemental
appropriation request
If sufficient appropriations are not
available to cover termination liability costs in the appropriations account
that is funding the prime contract being terminated, the Administrator shall
provide to Congress a supplemental appropriation request to cover such
termination liability costs. Such request shall be provided not later than 120
days in advance of the contract termination settlement for the covered
program.
(d)
Intent of
congress
It is the intent of Congress to provide such additional
appropriations as may be necessary to provide for termination liability
payments on contracts for covered programs.
(e)
Reporting
Not
later than 6 months after the date of enactment of this Act, and every 6 months
thereafter for the duration of the prime contracts for the covered programs,
the Administrator shall transmit to the Committee on Science, Space, and
Technology of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report that—
(1) estimates
termination liability costs for each of the prime contracts on covered
programs; and
(2) explains the basis
on which the estimates were determined.
VII
Other
Provisions
701.
Facilities and
infrastructure
(a)
Sense of
congress
It is the sense of Congress that—
(1) NASA must reverse
the deteriorating condition of its facilities and infrastructure, as this
condition is hampering the effectiveness and efficiency of research performed
by both NASA and industry participants making use of NASA facilities, thus
reducing the competitiveness of the United States aerospace industry;
(2) NASA has a role in
providing laboratory capabilities 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, NASA should seek to establish strategic partnerships with other
Federal agencies, academic institutions, 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 future NASA and other Federal agencies’ laboratory
needs.
(b)
Plan
The
Administrator shall develop a plan that has the goal of positioning NASA to
have the facilities, laboratories, tools, and approaches necessary to address
future NASA requirements. Such plan shall identify—
(1) future NASA
testing needs;
(2) a
strategy for identifying facilities that are candidates for disposal, that is
consistent with the national strategic direction set forth in—
(A) the National Space
Policy;
(B) the National
Aeronautics Research, Development, Test and Evaluation (RDT&E)
Infrastructure Plan; and
(C) NASA Authorization
Acts;
(3) a
strategy for the maintenance, repair, upgrading, and modernization of NASA’s
laboratories, facilities, and equipment;
(4) criteria for
prioritizing deferred maintenance tasks and also for upgrading or modernizing
laboratories, facilities, and equipment;
(5) 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
(6) implementation
steps, including a timeline, milestones, and an estimate of resources required
for carrying out the plan.
(c)
Transmittal
Not
later than one year after the date of enactment of this Act, the Administrator
shall transmit the plan to the Committee on Science, Space, and Technology of
the House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
(d)
Establishment of
capital funds
The Administrator shall establish a capital fund at
each of NASA’s field centers for the modernization of facilities and
laboratories. The Administrator shall ensure to the maximum extent practicable
that all financial savings achieved by closing outdated or surplus facilities
at a NASA field center shall be made available to that center’s capital fund
for the purpose of modernizing the field center’s facilities and laboratories
and for upgrading the infrastructure at the field center.
702.
NASA education
program
(a)
Sense of
congress
It is the sense of Congress that—
(1) NASA’s missions
are an inspiration for Americans and in particular for the next generation and
that this inspiration has a powerful effect in stimulating interest in science,
technology, education and mathematics (STEM) education and careers;
(2) NASA’s Office of
Education and mission directorates have been effective in delivering NASA
educational content because of the strong engagement of NASA scientists and
engineers in NASA’s education and outreach activities; and
(3) NASA should be a
central partner in contributing to the goals of the National Science and
Technology Council’s Federal Science, Technology, Engineering, and Mathematics
(STEM) Education 5-Year Strategic Plan.
(b)
Continuation of
education and outreach activities and programs
The Administrator
shall continue to carry out education and outreach programs and activities
through the Office of Education and the NASA mission directorates and shall
continue to engage, to the maximum extent practicable, NASA and NASA-supported
researchers and engineers in carrying out those programs and activities.
703.
Independent
review of the National Space Grant College and Fellowship Program
(a)
Sense of
congress
It is the sense of Congress that the National Space
Grant College and Fellowship Program, which was established in the National
Aeronautics and Space Administration Authorization Act of 1988 (42 U.S.C. 2486
et seq.), has been an important program by which the Federal Government has
partnered with State and local governments, universities, private industry, and
other organizations to enhance the understanding and use of space and
aeronautics activities and their benefits through education, fostering of
interdisciplinary and multidisciplinary space research and training, and
supporting Federal funding for graduate fellowships in space-related fields,
among other purposes.
(b)
Review
The Administrator shall enter into an
arrangement with the National Academies for—
(1) a review of the National Space Grant
College and Fellowship Program, including its structure and capabilities for
supporting science, technology, engineering, and mathematics education and
training consistent with the National Science and Technology Council’s Federal
Science, Technology, Engineering, and Mathematics (STEM) Education 5-Year
Strategic Plan; and
(2) recommendations on
measures, if needed, to enhance the Program’s effectiveness and mechanisms by
which any increases in funding appropriated by Congress can be applied.
(c)
Transmittal
Not later than 18 months after the date of
enactment of this Act, the Administrator shall transmit the results of the
review to the Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Commerce, Science, and Transportation of
the Senate.
704.
Review of
practices to detect and prevent the use of counterfeit parts
Not later than one year after the date of
enactment of this Act, the Comptroller General shall transmit to the Committee
on Science, Space, and Technology of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate a review of
NASA’s processes and controls to detect and prevent the use of counterfeit
parts in NASA mission projects, instruments, and other mission-related assets.
The review shall examine—
(1) the trends in
known and identified counterfeit parts in NASA’s supply chain;
(2) NASA’s processes
and controls to detect counterfeit parts and prevent their incorporation into
NASA mission projects, instruments, and other mission-related assets;
(3) key differences
between how the Department of Defense and NASA detect and prevent the use of
counterfeit parts, and lessons learned by the Department of Defense that could
be valuable to NASA; and
(4) any gaps in NASA’s controls and processes
for detecting counterfeit parts and preventing their incorporation into NASA
mission projects, instruments, and other mission-related assets.
705.
Remote
satellite servicing demonstrations
(a)
Sense of
congress
It is the sense of Congress that—
(1) NASA plays a key
role in demonstrating the feasibility of using robotic technologies for a
spacecraft that could access, repair, and refuel satellites in geosynchronous
Earth orbit;
(2) demonstrating this
feasibility would both assist NASA in its future missions and provide the
emerging commercial satellite-servicing industry the confidence to robotically
refuel, repair, and maintain satellites in both near and distant orbits;
and
(3) the capability to refuel, repair, and
maintain geosynchronous satellites robotically could add years of functional
life to satellites.
(b)
Report
Not
later than 120 days after the date of enactment of this Act, the Administrator
shall transmit a report to the Committee on Science, Space, and Technology of
the House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate describing—
(1) NASA’s activities,
tools, and techniques associated with the ultimate goal of servicing satellites
using robotic spacecraft;
(2) accomplishments to
date in demonstrating various servicing technologies;
(3) major challenges
encountered and mitigation measures taken; and
(4) demonstrations
still needed for NASA and industry acceptance of the technologies for
operational missions, and the timeframe for these demonstrations.
706.
Astronaut
occupational healthcare
(a)
Workshop
Not later than 180 days after the date of
enactment of this Act, the Administrator shall convene a workshop attended by
both current and former members of the astronaut corps, as well as other
appropriate experts, to focus on the advantages and disadvantages of granting
NASA the specific authority to monitor and treat current and former members of
the astronaut corps for medical conditions which are deemed by NASA to be
associated with human space flight conducted in furtherance of NASA
requirements. The workshop shall also address the implications of allowing NASA
to retain access to astronaut medical records.
(b)
Report
Not
later than 90 days after completion of the workshop, the Administrator shall
provide a report summarizing the results of the workshop to the Committee on
Science, Space, and Technology of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate.
707.
Use of
operational commercial suborbital vehicles for research, development, and
education
(a)
Report
The
Administrator shall prepare a report with respect to the use of operational
commercial reusable suborbital flight vehicles for carrying out scientific and
engineering investigations and educational activities. The report shall—
(1) describe the
purposes for which NASA intends to use such vehicles;
(2) describe the processes required to support
such use;
(3) describe NASA,
space flight operator, and supporting contractor responsibilities for
developing standard payload interfaces and conducting payload safety analyses,
payload integration and processing, payload operations, and safety assurance
for NASA-sponsored space flight participants, among other functions required to
fly NASA-sponsored payloads and space flight participants on operational
commercial orbital vehicles;
(4) identify
NASA-provided hardware, software, or services that may be provided to space
flight operators on a cost-reimbursable basis, through agreements or contracts
entered into under section 20113(e) of title 51, United States Code; and
(5) describe the
United States Government and space flight operator responsibilities for
liability and indemnification with respect to commercial suborbital vehicle
flights that involve NASA-sponsored payloads or activities, NASA-supported
space flight participants, or other NASA-related contributions.
(b)
Capabilities and
risks
The Administrator shall assess and characterize the
potential capabilities and performance of commercial reusable suborbital
vehicles for addressing scientific research, including research requiring
access to low-gravity and microgravity environments, for carrying out
technology demonstrations related to science, exploration, or space operations
requirements, and for providing opportunities for educating and training space
scientists and engineers, once those vehicles become operational. The
assessment shall also characterize the risks of using potential commercial
reusable suborbital flights to NASA-sponsored researchers and scientific
investigations and flight hardware.
(c)
Transmittal
Not later than 1 year after the date of
enactment of this Act, the Administrator shall transmit the plan and assessment
described in subsections (a) and (b) to the Committee on Science, Space, and
Technology of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate.
(d)
Reports
(1)
Annual progress
reports
The Administrator
shall transmit a report annually to the Committee on Science, Space, and
Technology of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate describing progress in carrying out
the Commercial Reusable Suborbital Research Program, including the number and
type of suborbital missions planned in each fiscal year.
(2)
Indemnification
and liability
The
Administrator shall not proceed with a request for proposals, award any
contract, commit any United States Government funds, or enter into any other
agreement for the provision of a commercial reusable suborbital vehicle launch
service for a NASA-sponsored spaceflight participant until indemnification and
liability issues associated with the use of such systems by the United States
Government have been addressed and the Administrator has provided to the
Committee on Science, Space, and Technology of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a report
describing the indemnification and liability provisions that are planned to be
included in such contracts and agreements.
708.
Fundamental
space life and physical sciences research
(a)
Sense of
congress
It the sense of Congress that fundamental,
discovery-based space life and physical sciences research is critical for
enabling space exploration, protecting humans in space, and providing societal
benefits, and that the space environment facilitates the advancement of
understanding of the life sciences and physical sciences. Space life and
physical science research contributes to advancing science, technology,
engineering, and mathematics research, and provides careers and training
opportunities in academia, Federal laboratories, and commercial industry.
Congress encourages the Administrator to augment discovery-based fundamental
research and to request funding reflecting the importance of such research in
keeping with the priorities established in the National Academies’ decadal
survey entitled Recapturing a Future for Space Exploration: Life and
Physical Sciences Research for a New Era.
(b)
Budget
request
The Administrator shall include as part of the annual
NASA fiscal year budget request a budget line for fundamental space life and
physical sciences research, devoted to competitive, peer-reviewed grants, that
is separate from the International Space Station Operations account.
(c)
Strategic
plan
(1)
Development
The Administrator, in consultation with
academia, other Federal agencies, and other potential stakeholders, shall
develop a strategic plan for carrying out competitive, peer-reviewed
fundamental space life science and physical sciences and related technology
research, among other activities, consistent with the priorities in the
National Academies’ decadal survey described in subsection (a).
(2)
Transmittal
Not later than 270 days after the date of
enactment of this Act, the Administrator shall transmit the strategic plan
developed under paragraph (1) to the Committee on Science, Space, and
Technology of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate.
709.
Restoring
NASA’s commitment to engineering research
(a)
Sense of
congress
It is the sense of Congress that engineering excellence
has long been a hallmark of NASA’s ability to make significant advances in
aeronautics and space exploration. However, as has been noted in recent
National Academies reports, increasingly constrained funding and competing
priorities have led to an erosion of NASA’s commitment to basic engineering
research, the research that provides the basis for the technology development
that enables NASA’s many challenging missions to succeed. If current trends
continue, NASA’s ability to attract and maintain the best and brightest
engineering workforce at the NASA Centers as well as its ability to remain on
the cutting edge of aeronautical and space technology will continue to erode
and will threaten NASA’s ability to be a world leader in aeronautics research
and development and space exploration.
(b)
Plan
The
Administrator shall develop a plan for restoring a meaningful basic engineering
research program at the NASA Centers, including, as appropriate, collaborations
with industry, universities, and other relevant organizations. The plan shall
identify the organizational approach to be followed, an initial set of basic
research priorities, and a proposed budget.
(c)
Report
Not
later than 180 days after the date of enactment of this Act, the Administrator
shall transmit the plan to the Committee on Science, Space, and Technology of
the House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
710.
Near-Earth
objects detection
(a)
Study
The
Administrator, in collaboration with other relevant Federal agencies, shall
carry out a technical and scientific assessment of the capabilities and
resources required to expand NASA’s Near-Earth Object Program, to include the
detection, tracking, cataloguing, and characterizing of potentially hazardous
near-Earth objects 30–50 meters in diameter.
(b)
Transmittal
Not
later than 270 days after the date of enactment of this Act, the Administrator
shall transmit the results of the assessment to the Committee on Science,
Space, and Technology of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate.
711.
Research on
near-Earth object tsunami effects
(a)
Report on
potential tsunami effects from near-Earth object impact
The
Administrator, in collaboration with the Administrator of NOAA and other
relevant Federal agencies, shall prepare a report identifying and describing
existing research activities and further research objectives that would
increase our understanding of the nature of the effects of potential tsunamis
that could occur if a near-Earth object were to impact an ocean of
Earth.
(b)
Transmittal
Not
later than 180 days after the date of enactment of this Act, the Administrator
shall transmit the report required prepared under subsection (a) to the
Committee on Science, Space, and Technology of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate.
712.
Review of
orbital debris removal concepts
(a)
Sense of
congress
It is the sense of Congress that the amount of orbital
debris in low-Earth orbit poses risks for human activities and robotic
spacecraft and that this debris may increase due to collisions between existing
debris objects. Understanding options to address and remove orbital debris is
important for ensuring safe and effective spacecraft operations in low-Earth
orbit.
(b)
Review
The
Administrator, in collaboration with other relevant Federal agencies, shall
solicit and review concepts and technological options for removing orbital
debris from low-Earth orbit. The solicitation and review shall also address the
requirements for and feasibility of developing and implementing each of the
options.
(c)
Transmittal
Not
later than 270 days after the date of enactment of this Act, the Administrator
shall provide a report to the Committee on Science, Space, and Technology of
the House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate on the solicitation and review required under
subsection (b).