No official summary available for this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5600 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 5600
To authorize programs for the National Aeronautics and Space
Administration for fiscal year 2025, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 18 (legislative day, December 16), 2024
Ms. Cantwell (for herself, Mr. Cruz, Ms. Sinema, Mr. Schmitt, Mr.
Lujan, and Mr. Wicker) introduced the following bill; which was read
twice and referred to the Committee on Commerce, Science, and
Transportation
_______________________________________________________________________
A BILL
To authorize programs for the National Aeronautics and Space
Administration for fiscal year 2025, 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 ``NASA Transition
Authorization Act of 2024''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--AUTHORIZATION OF APPROPRIATIONS
Sec. 101. Authorization of NASA for fiscal year 2025.
TITLE II--EXPLORATION
Sec. 201. Continuity of purpose for space exploration.
Sec. 202. Artemis program.
Sec. 203. Reaffirmation of the Space Launch System.
Sec. 204. Human-rated lunar landing capabilities.
Sec. 205. Advanced spacesuit capabilities.
TITLE III--SPACE OPERATIONS
Sec. 301. Maximizing United States presence in low-Earth orbit.
Sec. 302. Commercial Low-Earth Orbit Development Program.
Sec. 303. Transition to a commercially led low-Earth orbit economy.
Sec. 304. Nongovernmental missions on the International Space Station.
Sec. 305. Brief on suborbital crew missions.
Sec. 306. Lunar communications.
Sec. 307. Celestial time standardization.
TITLE IV--SPACE TECHNOLOGY
Sec. 401. Space Technology Mission Directorate.
Sec. 402. SBIR phase II flexibility.
Sec. 403. Sense of Congress on cryogenic fluid valve technology review.
TITLE V--AERONAUTICS
Sec. 501. Definitions.
Sec. 502. Hypersonic research.
Sec. 503. Advanced materials and manufacturing technology.
Sec. 504. Unmanned aircraft system and advanced air mobility.
Sec. 505. Advanced capabilities for emergency response operations.
Sec. 506. Hydrogen aviation.
Sec. 507. High-performance chase aircraft.
Sec. 508. Collaboration with academia.
TITLE VI--SCIENCE
Sec. 601. Maintaining a balanced science portfolio.
Sec. 602. Implementation of science mission cost caps.
Sec. 603. Reexamination of decadal surveys.
Sec. 604. Landsat.
Sec. 605. Commercial satellite data.
Sec. 606. Planetary science portfolio.
Sec. 607. Planetary defense.
Sec. 608. Lunar discovery and exploration.
Sec. 609. Commercial lunar payload services.
Sec. 610. Planetary and lunar operations.
Sec. 611. Mars sample return.
Sec. 612. Heliophysics research.
Sec. 613. Geospace dynamics constellation.
Sec. 614. Nancy Grace Roman Telescope.
Sec. 615. Chandra X-ray Observatory.
TITLE VII--STEM EDUCATION
Sec. 701. National space grant college and fellowship program.
Sec. 702. Skilled technical workforce education outreach.
TITLE VIII--NASA POLICY
Sec. 801. NASA advisory council.
Sec. 802. NASA assessment of early cost estimates.
Sec. 803. Authority for production contracts following other
transaction prototype projects.
Sec. 804. Role of the National Aeronautics and Space Administration in
commercial space activities.
Sec. 805. Restriction on Federal funds relating to certain Chinese
space and scientific activities.
Sec. 806. Reports to Congress.
Sec. 807. Findings relating to contract flexibility.
Sec. 808. GAO report.
Sec. 809. NASA public-private talent program.
Sec. 810. Mentoring.
Sec. 811. Drinking water well replacement for Chincoteague, Virginia.
Sec. 812. Passenger carrier use for astronaut transportation.
Sec. 813. Rule of construction.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the National Aeronautics and Space
Administration.
(2) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Commerce, Science, and
Transportation of the Senate; and
(B) the Committee on Science, Space, and Technology
of the House of Representatives.
(3) Cislunar space.--The term ``cislunar space'' means the
region of space beyond low-Earth orbit out to and including the
region around the surface of the Moon.
(4) Commercial provider.--The term ``commercial provider''
means any person providing space services or space-related
capabilities, primary control of which is held by persons other
than the Federal Government, a State or local government, or a
foreign government.
(5) Continuous human presence; continuous presence.--The
terms ``continuous human presence'' and ``continuous presence''
mean the maintenance by the United States of the presence, in
low-Earth orbit on 1 or more space stations on a permanent, on-
going basis, of not fewer than--
(A) 1 government astronaut; or
(B) 1 astronaut sponsored by the United States
Government.
(6) Deep space.--The term ``deep space'' means the region
of space beyond low-Earth orbit that includes cislunar space.
(7) Government astronaut.--The term ``government
astronaut'' has the meaning given such term in section 50902 of
title 51, United States Code.
(8) ISS.--The term ``ISS'' means the International Space
Station.
(9) Low-earth orbit.--The term ``low-Earth orbit'' means
the area encompassing Earth-centered orbits at an altitude not
more than 1,200 miles (2,000 kilometers).
(10) NASA.--The term ``NASA'' means the National
Aeronautics and Space Administration.
(11) Orion.--The term ``Orion'' means the multipurpose crew
vehicle described in section 303 of the National Aeronautics
and Space Administration Authorization Act of 2010 (42 U.S.C.
18323).
(12) Space launch system.--The term ``Space Launch System''
means the Space Launch System authorized under section 302 of
the National Aeronautics and Space Administration Authorization
Act of 2010 (42 U.S.C. 18322).
TITLE I--AUTHORIZATION OF APPROPRIATIONS
SEC. 101. AUTHORIZATION OF NASA FOR FISCAL YEAR 2025.
For fiscal year 2025, there is authorized to be appropriated to
NASA $25,477,540,000 as follows:
(1) For the Exploration Systems Development Mission
Directorate, $7,648,200,000.
(2) For the Space Operations Mission Directorate,
$4,473,500,000.
(3) For the Space Technology Mission Directorate,
$1,181,800,000.
(4) For the Science Mission Directorate, $7,575,700,000.
(5) For the Aeronautics Research Mission Directorate,
$965,800,000.
(6) For the Office of STEM Engagement, $143,500,000.
(7) For Safety, Security, and Mission Services,
$3,044,440,000.
(8) For Construction and Environmental Compliance and
Restoration, $424,100,000.
(9) For Inspector General, $50,500,000.
TITLE II--EXPLORATION
SEC. 201. CONTINUITY OF PURPOSE FOR SPACE EXPLORATION.
(a) Findings.--Congress makes the following findings:
(1) NASA continues to make progress in developing and
testing the Space Launch System, Orion, and associated ground
systems, including through the successful completion of the
Artemis I mission in November 2022 and through continued
preparations for the Artemis II crewed flight demonstration
mission.
(2) The number of spacefaring countries is increasing, and
foreign countries have expanded activities for space
exploration efforts, including efforts to explore and use the
Moon through human and robotic missions.
(3) A strong and ambitious space exploration program
conducted with international and commercial partners is
important to maintaining United States leadership in space and
enhancing United States international competitiveness.
(4) Clear mission objectives that tie to concrete, long-
term programmatic goals provide a measure to ensure
accountability, enhance public support for exploration
missions, and provide a clear signal of commitment to both
international and domestic partners.
(b) Continuity of Existing Capabilities and Programs.--
(1) As part of the human exploration activities of the
Administration, including progress on Artemis missions and
activities, the Administrator shall continue development of
space exploration elements pursuant to section 10811 of the
National Aeronautics and Space Administration Authorization Act
of 2022 (Public Law 117-167; 51 U.S.C. 20302).
(2) The Administrator shall leverage the private sector for
logistical services to the extent practical, consistent with
the Moon to Mars architecture requirements and in accordance
with section 50131 of title 51, United States Code.
(3) Congress reaffirms the sense of Congress to maintain
continuity of purpose as described in section 201 of the
National Aeronautics and Space Administration Transition
Authorization Act of 2017 (Public Law 115-10 (Public Law 115-
10; 131 Stat. 21).
SEC. 202. ARTEMIS PROGRAM.
(a) Findings.--Congress makes the following findings:
(1) Exploration of outer space, including exploration of
the lunar surface and cislunar space, provides benefits and
economic opportunity, including by inspiring future generations
and expanding the science, technology, engineering, and
mathematics workforce needed to sustain United States
leadership in science, space, and technology.
(2) The lunar south pole is home to shadowed craters that
may contain water ice and other volatiles. Understanding the
nature of lunar polar volatiles, such as water ice, would
advance science related to the origin and evolution of
volatiles in the inner solar system and could facilitate the
long-term future of space exploration. Water ice lunar
resources have the potential to become an enabling component of
future space exploration missions throughout the solar system,
including crewed missions to Mars.
(3) Other countries have demonstrated technological
advances and successful robotic missions for lunar exploration
and have announced credible plans for long-term human
exploration of the Moon that include the intent to establish
lunar bases.
(4) United States leadership of and measurable progress on
the exploration of deep space is essential for guiding
development of norms related to operations on and around the
Moon and for other space destinations.
(5) It is in the national interest of the United States to
hold a leadership role in discussions of future norms governing
activities in space, including those on the lunar surface and
in cislunar space.
(b) Requirements.--In carrying out activities to enable Artemis
missions under the Moon to Mars Program set forth in section 10811 of
the National Aeronautics and Space Administration Authorization Act of
2022 (Public Law 117-167; 51 U.S.C. 20302 note), the Administrator
shall--
(1) use relevant elements set forth in section
10811(b)(2)(B) of the National Aeronautics and Space
Administration Authorization Act of 2022 (Public Law 117-167;
51 U.S.C. 20302 note);
(2) continue to ensure that the elements under paragraph
(1) enable the human exploration of Mars, consistent with
section 10811(b)(2)(C)(i) of the National Aeronautics and Space
Administration Authorization Act of 2022 (Public Law 117-167;
51 U.S.C. 20302 note);
(3) engage with international partners, as appropriate, in
a manner that is consistent with section 10811(b)(2)(C) the
National Aeronautics and Space Administration Authorization Act
of 2022 (Public Law 117-167; 51 U.S.C. 20302 note), and that
increases redundancy, efficiency, and cost savings; and
(4) leverage capabilities provided by United States
commercial providers, as appropriate and practicable.
(c) United States Commercial Provider Capabilities in Support of
Lunar Exploration Efforts.--The Administrator may enter into agreements
with United States commercial providers or engage in public-private
partnerships to procure capabilities and services to support the human
exploration of the Moon or cislunar space.
SEC. 203. REAFFIRMATION OF THE SPACE LAUNCH SYSTEM.
(a) In General.--Congress reaffirms--
(1) support for the full development of capabilities of the
Space Launch System as set forth in section 302(c) of the
National Aeronautics and Space Administration Authorization Act
of 2010 (42 U.S.C. 18322(c)); and
(2) its commitment to the flight rate of the integrated
Space Launch System and Orion crew vehicle missions set forth
in section 10812(b) of the National Aeronautics and Space
Administration Authorization Act of 2022 (Public Law 117-167;
51 U.S.C. 20301 note).
(b) Briefing.--Not later than 180 days after the date of the
enactment of this Act, the Administrator shall provide the appropriate
committees of Congress with a briefing on NASA's progress towards
achieving the flight rate referred to in subsection (a)(2) and the
expected launch of the integrated Space Launch System and Orion crew
vehicle missions after which such cadence shall be achieved.
SEC. 204. HUMAN-RATED LUNAR LANDING CAPABILITIES.
(a) Reaffirmation.--Congress reaffirms that the Moon to Mars
program set forth in section 10811 of the National Aeronautics and
Space Administration Authorization Act of 2022 (Public Law 117-167; 51
U.S.C. 20302 note) shall include human-rated lunar landing systems.
(b) Human-Rated Lunar Landing Capabilities.--
(1) In general.--The Administrator shall support the
development and demonstration of, and shall obtain, human-rated
lunar landing capabilities to further the goals of the human
exploration roadmap under section 432 of the National
Aeronautics and Space Administration Transition Authorization
Act of 2017 (Public Law 115-10; 51 U.S.C. 20302 note) and the
Moon to Mars Program set forth in section 10811 of the National
Aeronautics and Space Administration Authorization Act of 2022
(Public Law 117-167; 51 U.S.C. 20302 note).
(2) Relevant requirements.--The Administrator shall ensure
that such human-rated lunar landing capabilities meet all
relevant requirements, including requirements of the Moon to
Mars program, and for human-rating and certification.
(3) United states commercial provider.--Any commercial
provider from which the Administrator obtains human-rated lunar
landing capabilities must be a United States commercial
provider.
(4) Duties of administrator.--In carrying out paragraph
(1)--
(A) the Administrator may include uncrewed lunar
landing services; and
(B) the Administrator shall, subject to the
availability of appropriations for such purpose, seek
to obtain capabilities from not fewer than 2 commercial
providers.
SEC. 205. ADVANCED SPACESUIT CAPABILITIES.
(a) Findings.--Congress finds the following:
(1) Space suits and associated extravehicular activity
(EVA) technologies are critical exploration technologies that
are necessary for future human deep space exploration efforts,
including crewed missions to the Moon.
(2) The NASA civil service workforce at the Johnson Space
Center provides unique capabilities to design, integrate, and
validate Space Suits and associated EVA technologies.
(3) Maintaining a strong NASA core competency in the
design, development, manufacture, and operation of space suits
and related technologies allows NASA to be an informed
purchaser of competitively awarded commercial space suits and
subcomponents.
(4) According to a 2018 NASA Office of Inspector General
(OIG) report, current EVAs space suits, the Extravehicular
Mobility Units (EMUs), were developed in the late 1970s, are
reaching the end of their useful life, have experienced
multiple maintenance issues that threaten astronaut lives, and
no longer accommodate the varying sizes of a diverse astronaut
corps.
(5) The same NASA OIG report found that ``manufacturers of
several critical suit components, including the very fibers of
the suits, have now gone out of business'', which further
reinforces the importance of NASA's role in maintaining a space
suit core competency and limiting the risk posed by outsourcing
key national capabilities.
(6) The private sector currently is developing space suit
capabilities.
(7) Testing space suits and related technologies on the
International Space Station could reduce risk and improve
safety of such suits and technologies.
(b) Requirement.--The Administrator shall obtain advanced spacesuit
capabilities necessary to achieve the goals of NASA's human spaceflight
exploration programs.
(c) Eligibility.--Any commercial provider from which the
Administrator obtains advanced spaceflight capabilities shall be a
United States commercial provider.
(d) Preserving Spacesuit Expertise.--
(1) In carrying out subsection (b), NASA shall maintain the
internal expertise necessary to develop space suits for both
extravehicular activity and surface operations, including
through partnerships with the private sector.
(2) The Johnson Space Center shall continue to manage
NASA's spacesuit and extravehicular activity programs.
(e) Briefing.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Administrator shall provide the
appropriate committees of Congress with a briefing on NASA's
plans for--
(A) in-space testing of advanced spacesuit
capabilities, including--
(i) space suit tests that shall be
conducted in microgravity in low-Earth orbit;
and
(ii) space suit tests that shall be
conducted on the International Space Station
before decommissioning of the International
Space Station;
(B) transitioning from existing spacesuits in use
on the International Space Station to use of advanced
spacesuit capabilities;
(C) future use of advanced spacesuit capabilities
by government astronauts with any nongovernmental
platform in low-Earth orbit that is certified for use
by the Administration for government astronauts; and
(D) disposition of retired spacesuits used on the
Space Shuttle or the International Space Station.
(2) Elements.--The briefing required by paragraph (1) shall
include--
(A) a detailed justification of compliance with
section 30301 of title 51, United States Code; and
(B) a detailed certification and justification of
compliance with section 50503 of title 51, United
States Code.
TITLE III--SPACE OPERATIONS
SEC. 301. MAXIMIZING UNITED STATES PRESENCE IN LOW-EARTH ORBIT.
(a) Sense of Congress.--It is the sense of Congress that--
(1) it is in the national and economic security, foreign
policy, and scientific interests of the United States to
maintain a continuous presence in low-Earth orbit;
(2) low-Earth orbit include a mix of crewed and uncrewed
capabilities;
(3) low-Earth orbit should be used to advance human space
exploration, scientific discoveries, and United States economic
competitiveness and commercial participation; and
(4) until the date on which a commercial low-Earth orbit
destination capability achieves an initial operating
capability, it is in the national and economic security,
foreign policy, and scientific interests of the United States
to maintain and support the International Space Station in the
same effective manner that has made the International Space
Station successful for many years.
(b) Continuous Human Presence Requirement.--The Administrator shall
maintain the capability for a continuous human presence to advance
human space exploration, scientific discoveries, international
cooperation and United States economic competitiveness and commercial
participation in low-Earth orbit through and beyond the useful life of
the International Space Station.
(c) Commercial Low-Earth Orbit Development Program.--
(1) In general.--The Administrator may establish, within
the Space Operations Mission Directorate, a Commercial Low-
Earth Orbit Development Program for the purpose of procuring,
from 1 or more United States commercial providers, services to
support activities described in subsection (b) in low-Earth
orbit, as appropriate and practicable.
(2) Consolidation.--In establishing a program under
paragraph (1), the Administrator may, as appropriate and
practicable, consolidate programs of other National Aeronautics
and Space Administration centers that support such activities.
(d) Proper Support.--
(1) In general.--To adequately maintain the effective use
of the International Space Station, the Administrator shall,
subject to the availability of appropriations, seek to maintain
the same average number and frequency of commercial crew and
cargo flights, tempo of operations and crew size, and research
throughput until such time as 1 or more commercial space
stations is capable of providing services to the National
Aeronautics and Space Administration.
(2) Managed transition.--
(A) In general.--When 1 or more commercial space
stations is capable of providing services to the
National Aeronautics and Space Administration, the
Administrator shall begin the process of an orderly,
managed transition of operations from the International
Space Station to commercial providers in such a way as
to maintain a continuous human presence.
(B) Mixed portfolio.--In transitioning operations
under subparagraph (A), the Administrator shall seek to
maintain the same average number and frequency of
commercial crew and cargo flights to, and tempo of
operations and crew size and research throughput in,
low-Earth orbit, managed across a portfolio that
includes the International Space Station and 1 or more
commercial space stations.
(3) De-orbit vehicle.--
(A) In general.--The Administrator shall develop a
de-orbit vehicle for the eventual decommissioning of
the International Space Station.
(B) Annual report.--Not less frequently than
annually until the date on which the ISS is
decommissioned, the Administrator shall include, in the
budget justification materials submitted to Congress in
support of the budget of the President for a fiscal
year pursuant to section 1105 of title 31, United
States Code, a report that--
(i) contains a description of the annual
and lifecycle costs for activities related to
the de-orbit of the International Space
Station; and
(ii) describes the manner in which such
costs are shared among ISS partners.
(e) Waiver.--
(1) In general.--The Administrator may waive the
application of subsections (b) and (d) if the Administrator
determines that technical issues exist that prohibit the
continued safe and effective operation of the International
Space Station, including issues with crew and cargo flights.
(2) Notification.--The Administrator shall notify the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Science, Space, and Technology of
the House of Representatives of the exercise of a waiver
authority under paragraph (1).
SEC. 302. COMMERCIAL LOW-EARTH ORBIT DEVELOPMENT PROGRAM.
(a) Continuous Crew Presence and Activity.--The Administrator shall
use commercial low-Earth orbit destinations to ensure the continuous
presence of United States Government crew to advance human space
exploration, scientific discoveries, and United States economic
competitiveness and commercial participation in low-Earth orbit.
(b) Support and Funding.--The Administrator, subject to the
availability of appropriations, shall support and fund the Commercial
Low-Earth Orbit Development Program to provide a commercially supported
follow-on capability to the International Space Station.
(c) Development of Commercial Low-Earth Orbit Destinations.--
(1) Solicitation.--
(A) In general.--The Administrator shall issue a
solicitation using full and open competition to
identify commercial entities capable of providing
services to the National Aeronautics and Space
Administration on commercial destinations in low-Earth
orbit.
(B) Requirements.--Not later than March 31, 2025,
the Administrator shall release a document outlining
the requirements for a commercial destination in low-
Earth orbit to facilitate the development of a request
for proposal for services to be provided to National
Aeronautics and Space Administration.
(C) Final request for proposal.--Not later than
September 30, 2025, the Administrator shall make
available the final request for proposal to solicit
industry proposals for such services.
(2) Selection.--
(A) In general.--Not later than March 31, 2026, the
Administrator shall select from among commercial
entities that submit a proposal in response to the
solicitation under paragraph (1), subject to the
availability of meritorious proposals and
appropriations, 2 or more commercial low-Earth orbit
destinations to be developed, with the goal of
establishing, not later than December 31, 2030, not
fewer than 1 such destination capable of--
(i) providing safe, efficient, and reliable
operations for continuous human presence in
low-Earth orbit; and
(ii) offering such services to the National
Aeronautics and Space Administration.
(B) Use of funds.--Funds provided by the
Administrator to the Commercial Low-Earth Orbit
Development Program shall be used to support the
selection described in subparagraph (A).
(d) Transition Period.--The Administrator may not de-orbit the
International Space Station until the date on which a commercial low-
Earth orbit destination space station has reached initial operational
capability in low-Earth orbit, in accordance with the managed
transition process described in section 301(d)(2).
(e) Waiver.--The Administrator may waive the application of
subsection (d) if--
(1) the Administrator determines that technical issues
exist that prohibit the safe and effective operation of the
International Space Station; or
(2) a commercial system is capable of providing safe,
efficient, and reliable operations for National Aeronautics and
Space Administration missions, including not fewer than 2
mission-related flights.
SEC. 303. TRANSITION TO A COMMERCIALLY LED LOW-EARTH ORBIT ECONOMY.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the transition from the International Space Station to
commercial destinations to support a continuous human presence
in low-Earth orbit is in the national and economic security
interests of the United States; and
(2) the United States should--
(A) facilitate partnerships between the Federal
Government, international partners, and the commercial
space sector, including through the purchase of
commercial low-Earth orbit services, to ensure the
evolution of an ecosystem with private sector
development of new technologies, hardware, processes,
capabilities, and other commercial low-Earth orbit
service offerings; and
(B) continue to consider private sector proposals
that further the development of the low-Earth orbit
economy in which the National Aeronautics and Space
Administration is one of many customers.
(b) Authorization.--The Administrator shall authorize activities on
the International Space Station and within the National Aeronautics and
Space Administration that develop infrastructure, hardware, processes,
capabilities, technologies, and personnel to enable the development of
commercial low-Earth orbit destinations and a United States-led low-
Earth orbit economy.
(c) Commercial Activities.--The Administrator may permit the use of
the International Space Station, in a manner consistent with the policy
and purposes of the Administration under section 20102 of title 51,
United States Code--
(1) to carry out the activities described in subsection
(b); and
(2) to conduct--
(A) science and technology research with commercial
applications; and
(B) marketing and sponsorship of services and
products on a cost-reimbursable basis.
(d) Reports.--Section 50111 of title 51, United States Code, is
amended by striking subsection (c) and inserting the following:
``(c) Low-Earth Orbit 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 (Public Law 115-10)), the commercial
low-Earth orbit management entity, the commercial crew
management entity, International Space Station partners, and
the scientific user community shall develop a plan to
transition from the current regime that relies heavily on
Administration sponsorship to a regime where the United States
Government is one of many customers of a low-Earth orbit
nongovernmental human space flight enterprise.
``(2) Briefing.--Not later than April 1, 2025, and annually
thereafter until the date on which the International Space
Station has de-orbited and not fewer than 1 commercial
destination supports a continuous presence in low-Earth orbit,
the Administrator shall provide the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Science, Space, and Technology of the House of Representatives
with a briefing that includes--
``(A) an evaluation of the service life of the
International Space Station through 2030, as a unique
scientific, commercial, and space exploration-related
facility, including--
``(i) the cost associated with extending
the service life of the International Space
Station through 2030;
``(ii) an assessment of the technical
limiting factors of the service life of the
International Space Station; and
``(iii) such other information as may be
necessary to fully describe the justification
for and feasibility of extending the service
life of the International Space Station,
including the potential scientific or
technological benefits to the Federal
Government, the public, or academic or
commercial entities;
``(B) an identification of barriers to the
development and commercialization of the low-Earth
orbit economy, including potential policy, regulatory
frameworks, research security protocols, and
intellectual property and data protection laws, that
could prohibit--
``(i) commercial research and development
on the International Space Station; or
``(ii) expansion of a userbase, other than
the Administration, for commercial destinations
in low-Earth orbit;
``(C) the steps the Administration is taking to
eliminate barriers described in subparagraph (B);
``(D) an identification of the necessary actions
and an estimate of the costs to de-orbit the
International Space Station at the end of its service
life;
``(E) the status of the actions identified under
subparagraph (D);
``(F) the impact on the Commercial Low-Earth Orbit
Development Program, the Moon to Mars program, and any
other human exploration program of extending the
service life of International Space Station beyond
2030;
``(G) a summary of the status of the transition
from the International Space Station to commercial
destinations in low-Earth orbit, including--
``(i) the status of the prospects for
accomplishing future mission requirements,
space exploration objectives, recommendations
and schedules under the current National
Academies of Sciences, Engineering, and
Medicine Decadal Survey on Biological and
Physical Sciences in Space, and other research
objectives to maintain United States leadership
in scientific and commercial discovery on
future commercially led low-Earth orbit
platforms or migration of such objectives to
cis-lunar space (as defined in section 2 of the
National Aeronautics and Space Administration
Transition Authorization Act of 2017 (Public
Law 115-10);
``(ii) a description of the commercial low-
Earth orbit destination services procurement
strategy, including status of the commercial
low-Earth orbit destination procurement
timeline and the schedule for attaining
operational capacity of such destinations after
contract awards are made; and
``(iii) a description and schedule of major
milestones and the manner in which such
milestones relate to de-orbiting the
International Space Station; and
``(H) an evaluation of the functions, roles, and
responsibilities for management and operation of the
Commercial Low-Earth Orbit Development Program,
including an identification of--
``(i) such functions, roles, and
responsibilities the Federal Government could
retain during and at the end of the transition
from the International Space Station to
commercial destinations;
``(ii) such functions, roles, and
responsibilities that would be transferred to
the commercial space sector;
``(iii) the metrics that would indicate the
readiness and ability of the commercial space
sector to assume the functions, roles, and
responsibilities identified under clause (ii);
and
``(iv) any legislative changes, and any
changes to any agreement or other document,
necessary to enable the mission requirements,
objectives, steps identified under subparagraph
(C), and recommendations and schedules
described in subparagraph (G)(i).
``(3) Low-earth orbit defined.--In this subsection, the
term `low-Earth orbit' means the area encompassing Earth-
centered orbits at an altitude not more than 1,200 miles (2,000
kilometers).''.
SEC. 304. NONGOVERNMENTAL MISSIONS ON THE INTERNATIONAL SPACE STATION.
(a) Sense of Congress.--It is the sense of Congress that--
(1) nongovernmental missions involving crew or spaceflight
participants on the International Space Station carried out, as
appropriate, pursuant to NASA policies and procedures, and
Federal Government laws and regulations, can provide lessons
and learning experiences for both government and nongovernment
entities to inform the development of future commercial low-
Earth orbit platforms and a low-Earth orbit economy; and
(2) the Administrator should share lessons learned from
nongovernmental missions on the International Space Station to
advance the commercial human spaceflight industry, to promote
the safety of future commercial low-Earth orbit platforms, and
to inform the evolution of policies guiding such activities in
low-Earth orbit.
(b) Nongovernmental Missions on the ISS.--The Administrator may
enter into 1 or more agreements to enable 1 or more United States
commercial providers to conduct nongovernmental missions on the
International Space Station pursuant to NASA policies and procedures,
and Federal government laws and regulations.
(c) Definitions.--In this section, the terms ``crew'' and
``spaceflight participant'' have the meanings given such terms in
section 50902 of title 51, United States Code.
SEC. 305. BRIEF ON SUBORBITAL CREW MISSIONS.
Not later than 180 days after the date of the enactment of this
Act, the Administrator shall provide the appropriate committees of
Congress with a briefing on the costs, benefits, risks, training
requirements, and policy or legal implications, including liability
matters, of launching United States Government personnel on commercial
suborbital vehicles.
SEC. 306. LUNAR COMMUNICATIONS.
(a) Findings.--Congress makes the following findings:
(1) Reliable communication and navigation capabilities are
essential for sustainable human and robotic exploration of the
Moon.
(2) Fostering the development of commercial capabilities
can accelerate the deployment of lunar communication and
navigation services.
(b) Authorization.--The Administrator is authorized to develop a
robust and resilient architecture for lunar communications and
navigation to support the Administration's human and robotic lunar
exploration activities.
(c) Study and Plan.--To inform the development described in
subsection (b), the Administrator shall conduct a study and develop a
plan--
(1) to enable interoperable communications and navigation
services for cislunar missions;
(2) to work with the private sector, other Federal
agencies, and, as appropriate, international partners to
establish technical standards, consistent with section 12(d) of
the National Technology Transfer and Advancement Act of 1995
(Public Law 104-113), protocols, and interface requirements for
cislunar communications and navigation services and systems;
(3) to support NASA lunar activities;
(4) to leverage NASA's space technology research,
development, and demonstration activities related to space
communications and navigation; and
(5) to evaluate the opportunities, benefits, feasibility,
and challenges of the potential use of commercial cislunar
communication and navigation services, as appropriate, by
United States commercial providers.
SEC. 307. CELESTIAL TIME STANDARDIZATION.
(a) Sense of Congress.--It is the sense of Congress that--
(1) United States leadership of a sustained presence on the
Moon and in deep space exploration is important for advancing
science, exploration, commercial growth, and international
partnership;
(2) the Artemis and Moon to Mars program of the National
Aeronautics and Space Administration will involve governmental,
commercial, academic, and international partners where there is
a need for interoperability between systems;
(3) the use of Coordinated Universal Time has challenges
when used beyond Earth at other celestial bodies due to
relativistic effects;
(4) the United States should lead in developing time
standardization for the Moon and other celestial bodies other
than Earth to support interoperability and safe and sustainable
operations; and
(5) development of such standardization will advance United
States leadership in standards setting for global
competitiveness, and will benefit other spacefaring countries
and entities.
(b) Development of Celestial Time Standardization.--The
Administrator, in consultation with the Director of the Office of
Science and Technology Policy, shall conduct the following activities:
(1) Enable the development of celestial time
standardization, including by leading the study of, and
development of a definition for, a coordinated lunar time.
(2) Develop a strategy to implement a coordinated lunar
time that would support future operations and infrastructure on
and around the Moon.
(3) In carrying out paragraphs (1) and (2)--
(A) coordinate with relevant Federal entities,
including the Department of Commerce, the Department of
Defense, the Department of State, and the Department of
Transportation; and
(B) consult with relevant--
(i) private sector entities;
(ii) academic entities; and
(iii) international standards-setting
bodies.
(4) Incorporate the following features of a coordinated
lunar time, to the extent practicable, in the development of
the strategy developed under paragraph (2):
(A) Traceability to Coordinated Universal Time.
(B) Accuracy sufficient to support precision
navigation and science.
(C) Resilience to loss of contact with Earth.
(D) Scalability to space environments beyond the
Earth-Moon system.
(c) Briefing.--Not later than 2 years after the date of the
enactment of this Act, the Administrator shall provide the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Science, Space, and Technology of the House of Representatives with
a briefing on the strategy developed pursuant to subsection (b)(2),
including relevant plans, timelines, and resources required for the
implementation of a coordinated lunar time pursuant to such strategy.
TITLE IV--SPACE TECHNOLOGY
SEC. 401. SPACE TECHNOLOGY MISSION DIRECTORATE.
(a) Sense of Congress.--It is the sense of Congress that an
independent Space Technology Mission Directorate is critical to
ensuring continued investments in the development of technologies for
missions across the portfolio of NASA, including science, aeronautics,
and human exploration.
(b) Space Technology Mission Directorate.--The Administrator shall
maintain a Space Technology Mission Directorate consistent with section
702 of the National Aeronautics and Space Administration Transition
Authorization Act of 2017 (Public Law 115-10; 51 U.S.C. 20301 note).
SEC. 402. SBIR PHASE II FLEXIBILITY.
Section 9 of the Small Business Act (15 U.S.C. 638) is amended in
subsection (cc) by striking ``and the Department of Education'' and
inserting ``the Department of Education, and the National Aeronautics
and Space Administration''.
SEC. 403. SENSE OF CONGRESS ON CRYOGENIC FLUID VALVE TECHNOLOGY REVIEW.
It is the sense of Congress that advancing cryogenic fluid valve
technology would support the Administration's efforts to improve
cryogenic fluid management and improve space vehicle reliability and
efficiency.
TITLE V--AERONAUTICS
SEC. 501. DEFINITIONS.
In this title:
(1) Advanced air mobility; aam.--The terms ``advanced air
mobility'' and ``AAM'' mean a transportation system that is
comprised of urban air mobility and regional air mobility using
manned or unmanned aircraft.
(2) Regional air mobility.--The term ``regional air
mobility'' means the movement of passengers or property by air
between 2 points using an airworthy aircraft that--
(A) has advanced technologies, such as distributed
propulsion, vertical takeoff and landing, powered lift,
nontraditional power systems, or autonomous
technologies;
(B) has a maximum takeoff weight of greater than
1,320 pounds; and
(C) is not urban air mobility.
(3) Unmanned aircraft system.--The term ``unmanned aircraft
system'' has the meanings given such term in section 44801 of
title 49, United States Code.
(4) Urban air mobility.--The term ``urban air mobility''
means the movement of passengers or property by air between 2
points in different cities or 2 points within the same city
using an airworthy aircraft that--
(A) has advanced technologies, such as distributed
propulsion, vertical takeoff and landing, powered lift,
nontraditional power systems, or autonomous
technologies; and
(B) has a maximum takeoff weight of greater than
1,320 pounds.
SEC. 502. HYPERSONIC RESEARCH.
(a) Sense of Congress.--It is the sense of Congress that--
(1) basic and applied hypersonic research--
(A) is critical for enabling the development of
advanced high-speed aeronautical and space systems; and
(B) can improve understanding of technical
challenges related to high-speed and reusable vehicle
technologies, including those related to propulsion,
noise, advanced materials, and entry, descent, and
landing operations;
(2) investments in hypersonic research are critical to
sustaining United States global leadership in space and
aeronautics; and
(3) NASA efforts to study hypersonic research--
(A) should not duplicate, and may complement,
research supported by the Department of Defense; and
(B) should be conducted in partnership with
universities and industry, as appropriate.
(b) Hypersonic Research.--The Administrator, in coordination with
the Administrator of the Federal Aviation Administration and the
Secretary of Defense, as appropriate, and in consultation with industry
and academia, shall continue to carry out basic and applied hypersonic
research.
(c) Hypersonic Research Roadmap.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Administrator, in consultation
with the Administrator of the Federal Aviation Administration,
the Secretary of Defense, industry, and academic institutions,
shall update the hypersonic research roadmap required under
section 603 of the National Aeronautics and Space
Administration Transition Authorization Act of 2017 (Public Law
115-10; 131 Stat. 55).
(2) Considerations.--In updating the research roadmap, the
Administrator may consider--
(A) advancements in--
(i) system level design, analysis, and
validation of hypersonic aircraft technologies;
(ii) propulsion capabilities and
technologies;
(iii) vehicle technologies, including
vehicle flow physics and vehicle thermal
management associated with aerodynamic heating;
(iv)(I) advanced materials, including
materials capable of withstanding high
temperatures;
(II) demonstrating durable materials; and
(III) efforts to apply such materials; and
(v) other areas of hypersonic research as
determined appropriate by the Administrator;
and
(B) data trends regarding sonic boom overpressures
associated with hypersonic aircraft.
(d) Report and Briefing.--Not later than 1 year after the date of
the enactment of this Act, the Administrator shall--
(1) submit to the appropriate committees of Congress the
updated research roadmap under subsection (c); and
(2) provide the appropriate committees of Congress with a
briefing on the research conducted under subsection (b),
including with respect to the manner in which such research
aligns with such updated research roadmap.
SEC. 503. ADVANCED MATERIALS AND MANUFACTURING TECHNOLOGY.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report on the status of NASA
activities relating to subsections (e) and (f) of section 10831 of the
National Aeronautics and Space Administration Authorization Act of 2022
(Public Law 117-167; 51 U.S.C. 40102 note).
(b) Update and Briefing.--Not later than 2 years after the date on
which the report required by subsection (a) is submitted, the
Administrator shall--
(1) submit to the appropriate committees of Congress an
update to the findings contained in such report; and
(2) provide the appropriate committees of Congress with a
briefing on such update.
SEC. 504. UNMANNED AIRCRAFT SYSTEM AND ADVANCED AIR MOBILITY.
The Administrator shall continue research, as appropriate and
necessary, in collaboration with the Administrator of Federal Aviation
Administration, the heads of other relevant Federal agencies, and
appropriate representatives of academia and industry, on unmanned
aircraft systems and advanced air mobility.
SEC. 505. ADVANCED CAPABILITIES FOR EMERGENCY RESPONSE OPERATIONS.
(a) In General.--The Administrator may continue to conduct research
and development activities under the Advanced Capabilities for
Emergency Response Operations (ACERO) project, or appropriate successor
project or projects, to improve aerial responses to wildfires.
(b) Briefing.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Administrator shall provide the
appropriate committees of Congress with a briefing on ongoing
research and development activities related to improving aerial
responses to wildfires.
(2) Elements.--The briefing required by paragraph (1) shall
include the following:
(A) An identification of any topic related to
improvement of aerial responses to wildfires that could
benefit from further research.
(B) A description of collaboration with other
relevant Federal agencies.
(C) A description of any continuing efforts under
this section.
(D) Any other information the Administrator
considers appropriate.
SEC. 506. HYDROGEN AVIATION.
(a) In General.--Subject to the availability of appropriations for
such purpose, the Administrator may carry out research on emerging
technologies related to hydrogen aviation.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Administrator shall provide the appropriate
committees of Congress with a briefing on the ongoing research under
subsection (a) that includes--
(1) an identification of any agency with which NASA has
partnered on such research; and
(2) a description of anticipated further actions and
activities related to the topic of hydrogen aviation.
SEC. 507. HIGH-PERFORMANCE CHASE AIRCRAFT.
(a) Sense of Congress.--It is the sense of Congress that--
(1) NASA programs benefit from and rely upon high-
performance chase aircraft for providing research and mission
support; and
(2) NASA currently faces maintenance challenges related to
its aging high-performance aircraft fleet, which is resulting
in increased program costs.
(b) Briefing.--Not later than 60 days after the date of the
enactment of this Act, and biannually thereafter, the Administrator
shall provide the appropriate committees of Congress with a briefing on
the strategy of NASA relating to the following:
(1) Collaboration with the Department of Defense on efforts
for research and flight asset sharing to support NASA's
research mission support and pilot training requirements.
(2) Efforts to seek aircraft parts and engines to keep
NASA's current fleet of chase aircraft operational, including
potential use of 3D additive manufactured parts.
(3) Strategies for acquiring or using through loan,
sharing, or other agreements, as appropriate, Department of
Defense aircraft to support NASA's research and mission support
activities, as required.
SEC. 508. COLLABORATION WITH ACADEMIA.
It is the sense of Congress that--
(1) colleges and universities are hubs of research and
innovation, with expertise in various fields of science and
aeronautics;
(2) collaborating with academia allows NASA to access
cutting-edge research and expertise that can further enable
advancements in aeronautics research and technology and address
complex aeronautical challenges;
(3) a cutting-edge civil aeronautics research and
development program can inspire the next generation to pursue
education and careers in science, technology, engineering, and
mathematics, including aeronautics; and
(4) opportunities for students to participate in NASA-
supported academic research and development projects, such as
the University Leadership Initiative, the University Students
Research Challenge, the National Space Grant College and
Fellowship Project, and related aeronautic projects and
competitions, contributes to training the next generation and
developing the aeronautics workforce to support continued
United States leadership and economic growth in civil
aeronautics and aviation.
TITLE VI--SCIENCE
SEC. 601. MAINTAINING A BALANCED SCIENCE PORTFOLIO.
(a) Sense of Congress.--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 recommendations and guidance provided by the
scientific community through the National Academies of
Sciences, Engineering, and Medicine decadal surveys.
(b) Policy Reaffirmation.--Congress reaffirms the policy of the
United States set forth in section 501(c) of the National Aeronautics
and Space Administration Transition Authorization Act of 2017 (Public
Law 115-10; 51 U.S.C. 20302 note), which states, ``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. 602. IMPLEMENTATION OF SCIENCE MISSION COST CAPS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) NASA science missions address compelling scientific
questions prioritized by the National Academies decadal
surveys, and often such missions exceed expectations in terms
of performance, longevity, and scientific impact;
(2) the Administrator should continue to pursue an
ambitious science program while also seeking to avoid excessive
cost growth that has the potential to affect the balance across
the Science portfolio and within the Science Divisions;
(3) audits by the NASA Inspector General and the Government
Accountability Office have reported that early cost estimates
for missions in the preliminary phases of conception and
development are immature and unreliable, and the cost of a
mission typically is not well-understood until the project is
further along in the development process;
(4) cost growth of a mission beyond its early cost
estimates is a challenge for budget planning and has the
potential to affect other missions in the Science Mission
Directorate portfolio, including through delays to future
mission solicitations; and
(5) relying on early cost estimates made prior to
preliminary design review for science missions which then
experience such cost growth may disincentivize program and cost
discipline moving forward.
(b) Requirement.--To the maximum extent practicable, the
Administrator shall ensure that, unless overwhelmingly necessary to do
otherwise, NASA--
(1) minimizes changes to requirements, capabilities, and
mission objectives under to fixed-price contracts with
commercial providers; and
(2) otherwise adheres to the requirements, capabilities,
and mission objectives of such contracts.
(c) Report.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to the appropriate committees of
Congress a report of NASA practices related to the
establishment of and compliance with cost caps of competitively
selected, principal investigator-led science missions.
(2) Elements.--The report required by paragraph (1) shall--
(A) assess current cost cap values and determine
whether existing cost cap amounts are appropriate for
different classes of missions;
(B) consider the effectiveness of cost caps in
maintaining a varied and balanced portfolio of mission
types within the Science Mission Directorate;
(C) describe the information NASA requires as part
of a proposal submission related to project cost
estimates and proposal compliance with cost caps, and
assess whether such required information provides
sufficient insight or confidence in the estimates;
(D) consider NASA processes for assessing proposed
cost estimates and the accuracy of such assessments for
past competitively selected, principal investigator-led
science missions; and
(E) for the period starting on January 1, 2000 and
ending on the date of the enactment of this Act--
(i) a list of--
(I) competitively selected,
principal investigator-led science
missions for which costs have exceeded
the associated cost cap; and
(II) reason the mission costs
exceeded the cost cap;
(ii) an assessment of NASA's role in
predicting, preventing, or managing
competitively-selected, principal investigator-
led science mission cost increases; and
(iii) a description of the impact of
increased competitively-selected, principal
investigator-led science mission costs beyond
the cost caps on--
(I) the missions for which the cost
cap has been breached; and
(II) other missions within the
applicable division and within the
Science Mission Directorate.
SEC. 603. REEXAMINATION OF DECADAL SURVEYS.
Section 20305(c) of title 51, United States Code, is amended by
inserting ``, significant changes to the NASA budget,'' after
``growth''.
SEC. 604. LANDSAT.
Not later than 180 days after the date of the enactment of this
Act, the Administrator shall submit to the appropriate committees of
Congress a report describing--
(1) the Administrator's efforts to comply with section
60134 of title 51, United States Code;
(2) aspects of Landsat NEXT or any other Landsat
observations that--
(A) could be provided by private sector data-buys
or service procurements; and
(B) could--
(i) meet associated science requirements
while maintaining or exceeding the quality,
integrity, and continuity of the Landsat
observational capabilities and performance,
including requirements necessary to ensure
high-quality calibrated data continuity and
traceability with the 50-year Landsat data
record; and
(ii) comply with nondiscriminatory
availability of unenhanced data and public
archiving of data pursuant to section 60141 and
60142 of title 51, United States Code, and all
other relevant Federal laws, regulations, and
policies related to open science and data
accessibility;
(3) any potential tradeoffs or other impacts of the
requirements described in clauses (i) and (ii) of paragraph
(2)(B) that could reduce the benefit of Landsat data for
scientific and applied uses or reduce the Federal Government's
ability to make such data available for the widest possible
use; and
(4) recommendations and opportunities for the Federal
Government to mitigate potential tradeoffs or impacts
identified under paragraph (3) or to otherwise facilitate
private sector data-buys or service procurements.
SEC. 605. COMMERCIAL SATELLITE DATA.
(a) Findings.--Congress makes the following findings:
(1) Section 60501 of title 51, United States Code, states
that the goal for the Earth Science program of NASA shall be to
pursue a program of Earth observations, research, and
applications activities to better understand the Earth, how it
supports life, and how human activities affect its ability to
do so in the future.
(2) Section 50115 of title 51, United States Code, states
that the Administrator of NASA shall, to the extent possible
and while satisfying the scientific requirements of NASA, and
where appropriate, of other Federal agencies and scientific
researchers, acquire, where cost effective, space-based
commercial Earth remote sensing data, services, distribution,
and applications from a commercial provider.
(3) The Administrator of NASA established the Commercial
SmallSat Data Acquisition Pilot Program in 2017 to identify,
validate, and acquire from commercial sources data that support
the Earth science research and application goals.
(4) The Administrator of NASA has--
(A) determined that the pilot program described in
paragraph (3) has been a success, as described in the
final evaluation entitled ``Commercial SmallSat Data
Acquisition Program Pilot Evaluation Report'' issued in
2020;
(B) established a formal process for evaluating and
onboarding new commercial vendors in such pilot
program;
(C) increased the number of commercial vendors and
commercial data products available through such pilot
program; and
(D) expanded procurement arrangements with
commercial vendors to broaden user access to provide
commercial Earth remote sensing data and imagery to
federally funded researchers.
(b) Commercial Satellite Data Acquisition Program.--
(1) In general.--Chapter 603 of title 51, United States
Code, is amended by adding at the end the following:
``Sec. 60307. Commercial satellite data acquisition program
``(a) In General.--The Administrator, acting through the Earth
Science Division of the Science Mission Directorate, shall continue to
acquire and disseminate cost effective and appropriate commercial Earth
remote sensing data and imagery in order to satisfy the operational and
scientific requirements of the Administration, and as appropriate, the
scientific requirements of other Federal agencies and scientific
researchers to augment or complement the suite of Earth observations
acquired by the Administration, other United States Government
agencies, and international partners.
``(b) Data Publication and Transparency.--The terms and conditions
of commercial Earth remote sensing data and imagery acquisitions under
the program described in subsection (a) shall take into consideration--
``(1) the publication of commercial data or imagery for
scientific purposes; or
``(2) the publication of information that is derived from,
incorporates, or enhances the original commercial data or
imagery of a vendor.
``(c) Authorization.--In carrying out the program under this
section, the Administrator may--
``(1) procure the commercial Earth remote sensing data and
imagery from commercial vendors to advance scientific research
and applications in accordance with subsection (a); and
``(2) establish or modify end-use license terms and
conditions to allow for the widest-possible use of procured
commercial Earth remote sensing data and imagery by individuals
other than NASA-funded users, consistent with the goals of the
program.
``(d) United States Vendors.--Commercial Earth remote sensing data
and imagery referred to in subsections (a) and (c) shall, to the
maximum extent practicable, be procured from United States vendors.
``(e) Report.--Not later than 180 days after the date of the
enactment of this section, and annually thereafter, the Administrator
shall submit to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Science, Space, and Technology of
the House of Representatives a report that includes the following
information regarding the agreements, vendors, license terms, and uses
of commercial Earth remote sensing data and imagery under this section:
``(1)(A) In the case of the initial report, a list of all
agreements that are providing commercial Earth remote sensing
data and imagery to NASA as of the date of the report.
``(B) For each subsequent report, a list of all agreements
that have provided commercial Earth remote sensing data and
imagery to NASA during the reporting period.
``(2) A description of the end-use license terms and
conditions for each such vendor.
``(3) A description of the manner in which each such
agreement is advancing scientific research and applications,
including priorities recommended by the National Academies of
Sciences, Engineering, and Medicine decadal surveys.
``(4) Information specifying whether the Administrator has
entered into an agreement with a commercial vendor or a Federal
agency that permits the use of data and imagery by Federal
Government employees, contractors, or non-Federal users.''.
(2) Clerical amendment.--The table of contents for chapter
603 of title 51, United States Code, is amended by adding at
the end the following:
``60307. Commercial Satellite Data Acquisition Program.''.
SEC. 606. PLANETARY SCIENCE PORTFOLIO.
(a) Sense of Congress.--It is the sense of Congress that--
(1) planetary science missions advance the scientific
understanding of the solar system and the place of humans in it
while also advancing the design and operations of spacecraft
and robotic engineering; and
(2) the Discovery, New Frontiers, and Flagship programs
allow NASA to fund a range of missions that vary in size, cost,
and complexity, and maintaining balance across these mission
classes allows for a broad scope of discoveries and scientific
advances.
(b) Mission Priorities Reaffirmation.--Congress reaffirms the
direction in section 502(b)(1) of the National Aeronautics and Space
Administration Transition Authorization Act of 2017 (Public Law 115-10;
51 U.S.C. 20301 note) that--
(1) 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; and
(2) consistent with the 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.
SEC. 607. PLANETARY DEFENSE.
(a) Near-Earth Object Survey and Policy.--Section 808 of the
National Aeronautics and Space Administration Authorization Act of 2010
(42 U.S.C. 18387), is amended in subsection (b) by striking
``implement, before September 30, 2012,'' and inserting ``, in
coordination with the NASA Administrator, maintain and regularly
update''.
(b) Policy on Near-Earth Objects and Responsible Federal Agency.--
Section 71103 of title 51, United States Code, is amended to read as
follows:
``Sec. 71103. Policy on near-Earth objects and responsible Federal
agency
``The Director of the Office of Science and Technology Policy, in
coordination with the Administrator, shall maintain and regularly
update policy for notifying Federal agencies and relevant emergency
response institutions of an impending near-Earth object threat, if
near-term public safety is at risk, and provide recommendations for a
Federal agency or agencies to be responsible for--
``(1) protecting the United States from a near-Earth object
that is expected to collide with Earth; and
``(2) implementing a deflection campaign, in consultation
with international bodies, should one be necessary.''.
(c) Planetary Defense Coordination Office.--Chapter 711 of title
51, United States Code, is amended by adding at the end the following:
``Sec. 71105. Planetary Defense Coordination Office
``(a) Office.--As directed in section 10825 of the National
Aeronautics and Space Administration Authorization Act of 2022 (Public
Law 117-167), the Administrator shall maintain an office within the
Planetary Science Division of the Science Mission Directorate to be
known as the `Planetary Defense Coordination Office'.
``(b) Responsibilities.--Consistent with the direction in section
10825 of the National Aeronautics and Space Administration
Authorization Act of 2022 (Public Law 117-167) the Planetary Defense
Coordination Office under subsection (a) shall--
``(1) plan, develop, and implement a program to survey
threats posed by near-Earth objects equal to or greater than
140 meters in diameter, as required by section 321(d)(1) of the
National Aeronautics and Space Administration Authorization Act
of 2005 (Public Law 109-155; 119 Stat. 2922);
``(2) identify, track, and characterize potentially
hazardous near-Earth objects, issue warnings of the effects of
potential impacts of such objects, and investigate strategies
and technologies for mitigating the potential impacts of such
objects; and
``(3) assist in coordinating government planning for a
response to a potential impact of a near-Earth objects.''.
(d) Conforming Amendment.--The table of contents for chapter 711 of
title 51, United States Code, is amended--
(1) by striking the item relating to section 71103 and
inserting the following:
``71103. Policy on near-Earth objects and responsible Federal
agency.''; and
(2) by adding at the end the following:
``71105. Planetary Defense Coordination Office.''.
SEC. 608. LUNAR DISCOVERY AND EXPLORATION.
(a) In General.--The Administrator may carry out, within the
Science Mission Directorate, a program to accomplish science objectives
for the Moon, with an organizational structure that aligns
responsibility, authority, and accountability, as recommended by the
most recent decadal survey for planetary science and astrobiology.
(b) Objectives and Requirements.--In carrying out the program under
subsection (a), the Administrator shall direct the Science Mission
Directorate, in consultation with the Exploration Systems Development
Mission Directorate and the Space Technology Mission Directorate, to
define high-priority lunar science objectives, informed by decadal and
other scientific consensus recommendations, and related requirements of
an integrated Artemis science strategy for human and robotic missions
to the Moon.
(c) Instrumentation.--The program under subsection (a) shall assess
the need for and facilitate the development of instrumentation to
support the scientific exploration of the Moon.
SEC. 609. COMMERCIAL LUNAR PAYLOAD SERVICES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Administrator's encouragement and support for
commercial services for lunar surface delivery capabilities and
other related services serves the national interest; and
(2) commercial providers benefit from an approach that
places low-cost, noncritical instruments on initial deliveries
using small- and medium-size landers before proceeding to
larger landers for more complex payloads.
(b) Commercial Lunar Payload Services.--The Administrator is
authorized to continue the Commercial Lunar Payload Services program
for the purpose of procuring, from 1 or more United States commercial
providers, services for delivery of NASA science payloads, and the
payloads of other NASA mission directorates, as appropriate and
practicable, to the lunar surface.
(c) Relationship to Other Mission Directorates.--A Mission
Directorate that seeks to obtain commercial lunar payload services
under the program referred to in subsection (b) shall provide funding
for--
(1) any payload, instrument, or other item sponsored by the
Mission Directorate for delivery through the program; and
(2) the cost of the commercial lunar payload services
obtained on behalf of the Mission Directorate.
(d) Implementation.--In implementing any such activities under
subsection (b), the Administrator shall--
(1) conduct updated market research on the commercial lunar
economy and identify any changes since the last market
analysis;
(2) assess NASA's needs from and role in and contribution
to the commercial lunar delivery market;
(3) based on the needs identified under paragraph (2),
assess the effectiveness of the task order approach in
advancing commercial development of lunar delivery services,
including an assessment of the appropriate number of providers
necessary to support NASA commercial lunar delivery needs, and
identify any challenges and recommendations for improvement;
and
(4) strengthen procedures related to the selection,
manifesting, interfaces, and requirements of payloads and other
relevant factors that could contribute to minimizing future
NASA-directed changes to projects following commercial lunar
payload service contract awards.
(e) Coordination.--The Administrator shall ensure coordination
between Mission Directorates and the Moon to Mars Program on the
administration of the program referred to in subsection (b) so as to
ensure the alignment of goals for lunar delivery services.
SEC. 610. PLANETARY AND LUNAR OPERATIONS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) existing NASA lunar and Martian orbital missions are
operating well beyond their planned mission lifespans;
(2) NASA relies on such aging infrastructure for
observations, communications relay, and other operations to
support critical NASA missions; and
(3) the United States plans to increase its activities on
and around both the Moon and Mars in coming years.
(b) Plan.--The Administrator shall develop a plan to ensure
continuity of operations and sufficient observational and operational
capabilities on and around the Moon and Mars necessary to continue to
enable a robust science program and human exploration program for the
Moon and Mars well into the future. Such plan shall consider
opportunities to engage both private and international partners in
future operations.
SEC. 611. MARS SAMPLE RETURN.
(a) In General.--The Administrator shall, subject to the
availability of appropriations, lead a Mars Sample Return program to
enable the return to Earth of scientifically selected samples from the
surface of Mars for study in terrestrial laboratories, consistent with
the recommendations of the National Academies decadal surveys for
planetary science.
(b) Approach.--The Administrator shall pursue the program described
in subsection (a) on a timeline and in a manner necessary to--
(1) sustain United States leadership in the scientific
exploration of Mars;
(2) capitalize on United States industry and NASA
capabilities to land and operate robotic spacecraft on the
surface of Mars; and
(3) maintain a balanced and robust planetary science
division portfolio without requiring significant increases to
the NASA budget.
(c) Implementation Plan.--As soon as practicable and not later than
90 days after the date of the enactment of this Act, the Administrator
shall do the following:
(1) Transmit to the appropriate committees of Congress an
acquisition plan and timeline for the implementation of a Mars
Sample Return program pursuant to this section, with the goal
of enabling the highest scientific return for the resources
invested, which plan shall--
(A) include a design and mission architecture; and
(B) establish realistic cost and schedule estimates
to enable such goal.
(2) Determine a path forward for the Mars Sample Return
that--
(A) is aligned with NASA's Mars Sample Return
Strategy Review Team's findings;
(B) considers alternative mission concepts and
lower cost sample return methods; and
(C) enables an earlier return of samples to Earth.
(3) Not later than 1 year after the date of the enactment
of this Act, the Administrator shall enter into firm fixed-
price agreements with 1 or more United States industry partners
to carry out this section.
SEC. 612. HELIOPHYSICS RESEARCH.
(a) Sense of Congress.--It is the sense of Congress that--
(1) NASA heliophysics research advances the scientific
understanding of the Sun, its impact on the Earth and near-
Earth environment, and the Sun's interactions with other bodies
in the solar system, the interplanetary medium, and the
interstellar medium;
(2) fundamental science supported by the Heliophysics
division is critical to improving space weather observations
forecasting capabilities, which contribute to--
(A) fortifying national security and other
critically important space-based and ground-based
assets;
(B) improving the resilience of the energy
infrastructure of the United States; and
(C) protecting human health in space; and
(3) the Heliophysics Division should continue to maximize
the scientific return on investment of its portfolio through
maintaining a balanced portfolio that includes research and
analysis, including multidisciplinary research initiatives,
technology development, space-based missions, and suborbital
flight projects that include both directed and strategic
missions and principal investigator-led, competitively
solicited missions, informed by the science priorities and
guidance of the most recent decadal survey in solar and space
physics.
(b) Program Management.--The Administrator shall seek--
(1) to maintain a regular Explorer Announcement of
Opportunity cadence and alternate between small and mid-sized
missions; and
(2) to enable a regular selection of Missions of
Opportunity.
SEC. 613. GEOSPACE DYNAMICS CONSTELLATION.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Geospace Dynamics Constellation mission could
enable scientific discoveries that will transform understanding
of the processes that govern the dynamics of the Earth's upper
atmospheric envelope that surrounds and protects the planet;
and
(2) seeking commercial partnerships to provide the
technology to understand the phenomena and to use the
scientific knowledge gained by such mission could assist in
identifying solutions that could benefit United States industry
and citizens.
(b) Assessment.--Not later than 180 days after the date of the
enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report regarding the schedule and
budget profile to launch the Geospace Dynamics Constellation mission by
the end of the decade to fulfill the recommendations of the
heliophysics decadal survey.
SEC. 614. NANCY GRACE ROMAN TELESCOPE.
The Administrator shall continue development of the Nancy Grace
Roman Space Telescope as directed in subsection 10823(b) of the
National Aeronautics and Space Administration Authorization Act of 2022
(Public Law 117-167; 136 Stat. 1741).
SEC. 615. CHANDRA X-RAY OBSERVATORY.
The Administrator shall, to the greatest extent practicable, take
no action to reduce or otherwise preclude continuation of the science
operations of the Chandra X-ray Telescope before the completion and
consideration of the next triennial review of mission extensions for
the astrophysics division conducted pursuant to section 30504 of title
51, United States Code, and NASA's ongoing operations paradigm change
review.
TITLE VII--STEM EDUCATION
SEC. 701. NATIONAL SPACE GRANT COLLEGE AND FELLOWSHIP PROGRAM.
(a) Amendments.--Title 51, United States Code, is amended--
(1) in section 40303, by striking subsections (d) and (e);
(2) in section 40304--
(A) by striking subsection (c) and inserting the
following:
``(c) Solicitations.--
``(1) In general.--The Administrator shall issue a
solicitation to space grant consortia for the award of grants
or contracts under this section at the conclusion of the award
cycle for fiscal Year 2020 to 2024. The Administrator shall
implement the allocation guidance under subsection (e) during
each fiscal year covered by the award cycle.
``(2) Proposals.--A lead institution of a space grant
consortium that seeks a grant or contract under this section
shall submit, on behalf of such space grant consortium, an
application to the Administrator at such time and in such
manner and accompanied by such information as the Administrator
may require.
``(3) Awards.--The Administrator shall award 1 or more
multi-year grants or contracts, disbursed in annual
installments, to the lead institution of an eligible space
grant consortium of--
``(A) each of the 50 States of the United States;
``(B) the District of Columbia; and
``(C) the Commonwealth of Puerto Rico.''; and
(B) by adding at the end the following:
``(e) Allocation of Funding.--
``(1) Program implementation.--To carry out the purposes
set forth in section 40301, each fiscal year, the Administrator
shall allocate the funds appropriated for the program under
this section for the fiscal year to each space grant consortium
awarded a grant or contract under subsection (c)(3) in an equal
amount.
``(2) Program administration.--
``(A) In general.--Each fiscal year, of the funds
made available for the National Space Grant College and
Fellowship Program, the Administrator shall allocate
not more than 10 percent for the administration of the
program.
``(B) Costs covered.--The funds allocated under
paragraph (1) shall cover all costs of the
Administration associated with the administration of
the National Space Grant College and Fellowship
Program, including--
``(i) direct costs to the program,
including costs relating to support services
and civil service salaries and benefits;
``(ii) indirect general and administrative
costs of centers and facilities of the
Administration; and
``(iii) indirect general and administrative
costs of the Administration headquarters.
``(3) Special opportunities.--Each fiscal year, of the
funds made available for the National Space Grant College and
Fellowship program, the Administrator shall allocate not more
than 5 percent to lead institutions of Space Grant Consortia
for grants to carry out innovative approaches and programs to
further science and education relating to the missions of the
Administration pursuant to subsection (b).''.
(b) Review.--The Administrator shall make arrangements for the
conduct of a multi-year analysis of the independent external reviews
currently under development in the National Space Grant College and
Fellowship Program--
(1) to evaluate its management, accomplishments, approach
to funding allocation as described in section 40303(e) of title
51, United States Code, and responsiveness to the purposes and
goals defined in chapter 403 of title 51, United States Code;
(2) to consider the benefits partnerships with local
education agencies, including those in underserved and rural
areas, may provide; and
(3) to propose any statutory updates that may be needed to
implement recommendations of the review.
(c) Report.--Not later than 270 days after the date of the
enactment of this Act, 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 on the independent external review of the
National Space Grant College and Fellowship Program described in
subsection (a).
SEC. 702. SKILLED TECHNICAL WORKFORCE EDUCATION OUTREACH.
(a) In General.--The Administrator may conduct or support STEM
engagement activities that focus on expanding opportunities for
students to pursue skilled technical workforce occupations in space and
aeronautics.
(b) Leveraging Existing Programs.--The Administrator, in conducting
activities pursuant to subsection (a), shall leverage, as appropriate,
existing programs of NASA and may consider leveraging other Federal
programs and interagency initiatives, such as the Manufacturing USA
program under section 34 of the National Institute of Standards and
Technology Act (15 U.S.C. 278s).
(c) Inclusion.--Activities under subsection (a) may include
outreach activities that--
(1) engage secondary and post-secondary students, including
students at institutions of higher education, 2-year colleges,
and high schools and students in vocational or career and
technical education programs;
(2) expose students to careers that require career and
technical education;
(3) encourage students to pursue careers that require
career and technical education; and
(4) provide students hands-on learning opportunities to
view the manufacturing, assembly, and testing of NASA-funded
space and aeronautical systems, as the Administrator considers
appropriate and with consideration of relevant factors such as
workplace safety, mission needs, and the protection of
sensitive and proprietary technologies.
(d) Briefing.--Not later than 1 year after the date of the
enactment of this Act, the Administrator shall provide the appropriate
committees of Congress with a briefing on NASA's activities, and any
planned activities, conducted under this section.
(e) Definitions.--In this section:
(1) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
(2) Skilled technical workforce.--The term ``skilled
technical workforce'' has the meaning given the term in section
4(b)(3) of the Innovations in Mentoring, Training, and
Apprenticeships Act (Public Law 115-402; 42 U.S.C. 1862p note).
TITLE VIII--NASA POLICY
SEC. 801. NASA ADVISORY COUNCIL.
(a) Consultation and Advice.--Section 20113(g) of title 51, United
States Code, is amended by adding ``and Congress'' after ``advice to
the Administration''.
(b) Sunset.--Effective September 30, 2028, section 20113(g) of
title 51, United States Code, is amended by striking ``and Congress''.
SEC. 802. NASA ASSESSMENT OF EARLY COST ESTIMATES.
Not later than 1 year after the date of the enactment of this Act,
the Comptroller General of the United States shall transmit to the
appropriate committees of Congress a review of the development,
application, and assessment of early cost estimates made prior to
preliminary design review for NASA missions. The review shall include--
(1) an assessment of NASA processes related to the
formation and evaluation of proposed and early-stage cost
estimates;
(2) an evaluation of NASA's monitoring and management of
cost estimates throughout mission development, in accordance
with section 10861(b)(4) of the National Aeronautics and Space
Administration Authorization Act of 2022 (Public Law 117-167;
51 U.S.C. 20113 note); and
(3) any such recommendations as the Comptroller General
determines appropriate.
SEC. 803. AUTHORITY FOR PRODUCTION CONTRACTS FOLLOWING OTHER
TRANSACTION PROTOTYPE PROJECTS.
Subsection (e) of section 20113 of title 51, United States Code, is
amended--
(1) by striking ``In the performance of its functions'' and
inserting the following:
``(1) In general.--In the performance of its functions'';
and
(2) by adding at the end the following:
``(2) Other transactions.--In the case of other
transactions to carry out prototype projects, a follow-on
production or service contract may be awarded to participants
in the prototype transaction without the use of competitive
procedures, notwithstanding the requirements of section 2304 of
title 10, if--
``(A) competitive procedures were used for the
selection of parties for participation in the prototype
transaction; and
``(B) the participants in the transaction performed
successfully during the prototype project.
``(3) Treatment.--Transactions under this authority shall
be treated as an agency procurement for purposes of chapter 21
of title 41, with regard to procurement ethics.''.
SEC. 804. ROLE OF THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION IN
COMMERCIAL SPACE ACTIVITIES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the National Aeronautics and Space Administration and
the commercial space sector complement each other in
maintaining the leadership role of the United States in outer
space activities;
(2) as more outer space activities are conducted by private
industry, it is vital to define the appropriate role of the
National Aeronautics and Space Administration; and
(3) the expertise and experience of the National
Aeronautics and Space Administration in human space flight is
especially important as commercial human space flight
activities extend into Earth's orbit, to the lunar surface, and
beyond.
(b) Briefing.--Not later than 180 days after the date of the
enactment of this Act, the Administrator shall provide the appropriate
committees of Congress with a brief on--
(1) the current activities of NASA, including the detail of
any NASA personnel, to assist the Secretary of Commerce, the
Secretary of Transportation, the Federal Communications
Commission, or any other relevant Federal agency with the
regulation of the United States commercial space enterprise;
(2) a general breakdown of which NASA expertise, including
scientific, technical, and engineering expertise, is being most
used in support of other Federal agencies; and
(3) expected future growth in the workload of NASA as it
relates to the support described in paragraph (1).
SEC. 805. RESTRICTION ON FEDERAL FUNDS RELATING TO CERTAIN CHINESE
SPACE AND SCIENTIFIC ACTIVITIES.
(a) In General.--Except as provided in subsection (b), no Federal
funds authorized in this Act may be obligated or expended--
(1) for the National Aeronautics and Space Administration
(NASA), the Office of Science and Technology Policy (OSTP), or
the National Space Council (NSpC) to develop, design, plan,
promulgate, implement, or execute a bilateral policy, program,
order, or contract of any kind to participate, collaborate, or
coordinate bilaterally in any way with China or any Chinese-
owned company unless such activities are specifically
authorized by a law enacted after the date of the enactment of
this Act; or
(2) to effectuate the hosting of official Chinese visitors
at facilities belonging to or utilized by NASA.
(b) Exception.--The restrictions described in subsection (a) shall
not apply to activities with respect to which NASA, OSTP, or NSpC,
after consultation with the Federal Bureau of Investigation, have
certified--
(1) pose no risk of resulting in the transfer of
technology, data, or other information with national security
or economic security implications to China or a Chinese-owned
company; and
(2) will not involve knowing interactions with officials
who have been determined by the United States to have direct
involvement with violations of human rights.
(c) Submission.--Any certification made under subsection (b) shall
be submitted to the Committee on Commerce, Science, and Transportation
and the Committee on Appropriations of the Senate, the Committee on
Science, Space, and Technology and the Committee on Appropriations of
the House of Representatives, and the Federal Bureau of Investigation,
not later than 30 days prior to the activity in question. Any such
certification shall include a description of the purpose of such
activity, its agenda, its major participants, and its location and
timing.
SEC. 806. REPORTS TO CONGRESS.
(a) Congressional Reports and Notices.--Any report or notice
provided to Congress by NASA, shall be 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,
concurrently with its delivery to any other Committee or office.
(b) Reports on International Agreements.--If NASA becomes a
signatory to an international agreement concerning outer space
activities, the Administrator shall provide to the Committee on
Commerce, Science, and Transportation of the Senate and Committee on
Science, Space, and Technology of the House of Representatives a report
containing a copy of such agreement.
SEC. 807. FINDINGS RELATING TO CONTRACT FLEXIBILITY.
Congress finds that NASA FAR Supplement (NFS) 1852.242-72, Denied
Access to NASA Facilities instructs that, for the period that NASA
facilities were not accessible to contractor employees, the contracting
officer may adjust the contract performance or delivery schedule,
forego the work, reschedule the work, or consider requests for
equitable adjustment to the contract.
SEC. 808. GAO REPORT.
Not later than 1 year after the date of the enactment of this Act,
the Comptroller General of the United States shall submit to the
appropriate committees of Congress a report on fire and emergency
services at NASA launch and reentry facilities that assesses the
following:
(1) Current capabilities and projected demands for NASA-
provided fire and emergency services.
(2) The manner in which demand for NASA-provided fire and
emergency services have been impacted by the following:
(A) An increased rate of launch and reentry
operations.
(B) An increased number of leases with commercial
launch and reentry service providers for use of NASA
property.
(3) Current fire and emergency services provided by
commercial providers to support launch and reentry operations
that are conducted--
(A) to fulfill a contractual obligation with NASA;
or
(B) for non-NASA purposes using NASA-leased
property.
(4) Whether NASA-provided and commerciallyprovided fire and
emergency services are able to meet current and projected
demands and support all fire response areas on NASA property.
SEC. 809. NASA PUBLIC-PRIVATE TALENT PROGRAM.
Section 20113 of title 51, United States Code, is amended by adding
at the end the following new subsection:
``(o) Public-Private Talent Program.--
``(1) Assignment authority.--Under policies and procedures
prescribed by the Administration, the Administrator may, with
the agreement of a private sector entity and the consent of an
employee of the Administration or of such entity, arrange for
the temporary assignment of such employee of the Administration
to such private sector entity, or of such employee of such
entity to the Administration, as the case may be.
``(2) Agreements.--
``(A) In general.--The Administrator shall provide
for a written agreement among the Administration, the
private sector entity, and the employee concerned
regarding the terms and conditions of the employee's
assignment under this subsection. The agreement shall--
``(i) require that the employee of the
Administration, upon completion of the
assignment, will serve in the Administration,
or elsewhere in the civil service if approved
by the Administrator, for a period equal to
twice the length of the assignment;
``(ii) provide that if the employee of the
Administration or of the private sector entity
(as the case may be) fails to carry out the
agreement, such employee shall be liable to the
United States for payment of all expenses of
the assignment, unless such failure was for
good and sufficient reason, as determined by
the Administrator; and
``(iii) contain language ensuring that such
employee of the Administration or of the
private sector entity (as the case may be) does
not improperly use predecisional or draft
deliberative information that such employee may
be privy to or aware of related to
Administration programing, budgeting,
resourcing, acquisition, or procurement for the
benefit or advantage of the private sector
entity.
``(B) Treatment.--An amount for which an employee
is liable under subparagraph (A) shall be treated as a
debt due the United States.
``(C) Waiver.--The Administrator may waive, in
whole or in part, collection of a debt described in
subparagraph (B) based on a determination that the
collection would be against equity and good conscience
and not in the best interests of the United States,
after taking into account any indication of fraud,
misrepresentation, fault, or lack of good faith on the
part of the employee concerned.
``(3) Termination.--An assignment under this subsection
may, at any time and for any reason, be terminated by the
Administration or the private-sector entity concerned, as the
case may be.
``(4) Duration.--
``(A) In general.--An assignment under this
subsection shall be for a period of not less than 90
days and not more than 2 years, renewable up to a total
of three years. An employee of the Administration may
not be assigned under this subsection for more than a
total of 3 years inclusive of all such assignments.
``(B) Extension.--An assignment under this
subsection may be for a period in excess of 2 years,
but not more than 3 years, if the Administrator
determines that such assignment is necessary to meet
critical mission or program requirements.
``(5) Policies and procedures.--
``(A) In general.--The Administrator shall
establish policies and procedures relating to
assignments under this subsection.
``(B) Elements.--Policies and procedures
established pursuant to subparagraph (A) shall address
the following:
``(i) The nature and elements of written
agreements with participants in assignments
under this subsection.
``(ii) Criteria for making such
assignments, including the needs of the
Administration relating thereto.
``(iii) The manner in which the
Administration will oversee such assignments,
in particular with respect to paragraphs
(2)(A)(iii), (7)(C), and (7)(D).
``(iv) Criteria for issuing waivers.
``(v) The manner in which expenses under
paragraph (2)(A)(ii) would be determined.
``(vi) Guidance for participants in such
assignments.
``(vii) Mission Directorate, Office, and
organizational structure to implement and
manage such assignments.
``(viii) Any other necessary policies,
procedures, or guidelines to ensure such
assignments comply with all relevant statutory
authorities and ethics rules, and effectively
contribute to one or more of the
Administration's missions.
``(C) Inherently governmental activities.--
Assignments made under this subsection shall not have
responsibilities or perform duties or decision making
regarding Administration activities that are inherently
governmental, pursuant to section 7.500 of title 48,
Code of Federal Regulations, and Office of Management
and Budget review.
``(6) Status of federal employees assigned to private
sector entities.--
``(A) In general.--An employee of the
Administration who is assigned to a private sector
entity under this subsection shall be considered,
during the period of such assignment, to be on detail
to a regular work assignment in the Administration for
all purposes. The written agreement established under
paragraph (2)(A) shall address the specific terms and
conditions related to such employee's continued status
as a Federal employee.
``(B) Certification.--In establishing a temporary
assignment of an employee of the Administration to a
private sector entity, the Administrator shall certify
that such temporary assignment shall not have an
adverse or negative impact on the mission of the
Administration or organizational capabilities
associated with such assignment.
``(7) Terms and conditions for private sector employees.--
An employee of a private sector entity who is assigned to the
Administration under this subsection--
``(A) shall continue to receive pay and benefits
from the private sector entity from which such employee
is assigned and shall not receive pay or benefits from
the Administration, except as provided in subparagraph
(B);
``(B) is deemed to be an employee of the
Administration for the purposes of--
``(i) chapters 73 and 81 of title 5;
``(ii) sections 201, 203, 205, 207, 208,
209, 603, 606, 607, 643, 654, 1905, and 1913 of
title 18, except that such section 209 does not
apply to any salary, or contribution or
supplementation of salary made pursuant to
subparagraph (A) of this paragraph;
``(iii) sections 1343, 1344, and 1349(b) of
title 31;
``(iv) chapter 171 of title 28 (commonly
known as the `Federal Tort Claims Act') and any
other Federal tort liability statute;
``(v) the Ethics in Government Act of 1978;
and
``(vi) chapter 21 of title 41;
``(C) shall not have access to any trade secrets or
any other nonpublic information which is of commercial
value to the private sector entity from which such
employee is assigned;
``(D) may not perform work that is considered
inherently governmental in nature, in accordance with
paragraph (5)(C); and
``(E) may not be used to circumvent--
``(i) section 1710 of title 41, United
States Code; or
``(ii) any limitation or restriction on the
size of the Administration's civil servant
workforce.
``(8) Additional requirements.--The Administrator shall
ensure that--
``(A) the normal duties and functions of an
employee of the Administration who is assigned to a
private sector entity under this subsection can be
reasonably performed by other employees of the
Administration without the permanent transfer or
reassignment of other personnel of the Administration;
``(B) normal duties and functions of such other
employees of the Administration are not, as a result of
and during the course of such temporary assignment,
performed or augmented by contractor personnel in
violation of section 1710 of title 41; and
``(C) not more than 2 percent of the
Administration's civil servant workforce may
participate in an assignment under this subsection at
the same time.
``(9) Conflicts of interest.--The Administrator shall
implement a system to identify, mitigate, and manage any
conflicts of interests that may arise as a result of an
employee's assignment under this subsection.
``(10) Prohibition against charging certain costs to the
federal government.--A private-sector entity may not charge the
Administration or any other agency of the Federal Government,
as direct or indirect costs under a Federal contract, the costs
of pay or benefits paid by the entity to an employee assigned
to the Administration under this subsection for the period of
the assignment concerned.
``(11) Considerations.--In carrying out this subsection,
the Administrator shall take into consideration--
``(A) the question of the manner in which
assignments under this subsection might best be used to
help meet the needs of the Administration with respect
to the training of employees; and
``(B) as applicable, areas of particular private
sector expertise, such as cybersecurity.
``(12) NASA reporting.--
``(A) In general.--Not later than April 30 of each
year, the Administrator shall submit to the Committee
on Science, Space, and Technology of the House of
Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report summarizing
the implementation of this subsection.
``(B) Contents.--Each report under subparagraph (A)
shall include, with respect to the annual period to
which such report relates, the following:
``(i) Information relating to the total
number of employees of private sector entities
assigned to the Administration, and the total
number of employees of the Administration
assigned to private sector entities.
``(ii) A brief description and assessment
of the talent management benefits evidenced
from such assignments, as well as any
identified strategic human capital and
operational challenges, including the
following:
``(I) An identification of the
names of the private sector entities to
and from which employees were assigned.
``(II) A complete listing of
positions such employees were assigned
to and from.
``(III) An identification of
assigned roles and objectives of such
assignments.
``(IV) Information relating to the
durations of such assignments.
``(V) Information relating to
associated pay grades and levels.
``(iii) An assessment of impacts of such
assignments on the Administration workforce and
workforce culture.
``(iv) An identification of the number of
Administration staff and budgetary resources
required to implement this subsection.
``(13) Federal ethics.--Nothing in this subsection shall
affect existing Federal ethics rules applicable to Federal
personnel.
``(14) GAO reporting.--
``(A) In general.--Not later than 3 years after the
date of the enactment of this subsection, the
Comptroller General of the United States shall submit
to the Committee on Science, Space, and Technology of
the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a
report summarizing the implementation of this
subsection.
``(B) Contents.--The report under subparagraph (A)
shall include the following:
``(i) A review of the implementation of
this subsection, according to law and the
Administration policies and procedures
established for assignments under this
subsection.
``(ii) Information relating to the extent
to which such assignments adhere to best
practices relating to public-private talent
exchange programs.
``(iii) A determination as to whether there
should be limitations on the number of
individuals participating in such assignments.
``(iv) Information relating to the extent
to which the Administration complies with
statutory requirements and ethics rules, and
appropriately handles potential conflicts of
interest and access to nonpublic information
with respect to such assignments.
``(v) Information relating to the extent to
which such assignments effectively contribute
to 1 or more of the Administration's missions.
``(vi) Information relating to
Administration resources, including employee
time, dedicated to administering such
assignments, and whether such resources are
sufficient for such administration.''.
SEC. 810. MENTORING.
(a) Briefing.--Not later than 180 days after the date of the
enactment of this Act, the Administrator shall provide the appropriate
committees of Congress with a briefing on existing NASA-wide mentoring
programs that are focused in whole or in part on ensuring a robust
pipeline for NASA's civil servant workforce, for early-career, mid-
level, and senior-level employees at all NASA Centers and NASA
Headquarters.
(b) Considerations.--As part of the briefing required by subsection
(a), the Administrator may consider the merits of consolidating
existing, disparate programs into a single, unified employee
development program.
SEC. 811. DRINKING WATER WELL REPLACEMENT FOR CHINCOTEAGUE, VIRGINIA.
(a) In General.--Notwithstanding any other provision of law, the
Administrator may enter into an agreement, as appropriate, with the
Town of Chincoteague, Virginia, for a period of up to 5 years, for
reimbursement of the Town of Chincoteague's costs directly associated
with the development of a plan for removal of drinking water wells
currently situated on NASA-administered property and the establishment
of alternative drinking water wells which are located on property under
the administrative control, either through lease, ownership, or
easement, of the Town of Chincoteague. Such agreement shall, to the
extent practicable, include the three remaining wells to be removed and
relocated, the location of the site to which such wells would be
relocated or are planned to be relocated, and a current estimated cost
of the relocation, including for the purchase, lease, or use of
additional property, engineering, design, permitting, and construction.
(b) Submission to Congress.--Not later than 18 months after the
date of the enactment of this Act, the Administrator, in coordination
with the heads or other appropriate representatives of relevant
entities, shall submit to the appropriate committees of Congress the
agreement under subsection (a).
SEC. 812. PASSENGER CARRIER USE FOR ASTRONAUT TRANSPORTATION.
(a) In General.--Subchapter III of chapter 201 of title 51, United
States Code, is amended by adding at the end the following:
``Sec. 20150. Passenger carrier use for astronaut transportation
``(a) Definitions.--In this section:
``(1) Government astronaut; international partner
astronaut; space flight participant; space support vehicle.--
The terms `government astronaut', `international partner
astronaut', `space flight participant', and `space support
vehicle' have the meanings given such terms in section 50902.
``(2) Mission.--The term `mission' means an assignment to a
space support vehicle of 1 or more--
``(A) government astronauts in the course of their
employment; or
``(B) space flight participants.
``(3) Official purpose.--With respect to transportation,
the term `official purpose' means transportation necessary for
post-mission activities, including medical research,
monitoring, diagnosis, and treatment of a government astronaut
or space flight participant before receiving post-mission
medical clearance to operate a motor vehicle.
``(4) Passenger carrier.--The term `passenger carrier'
means a passenger motor vehicle, aircraft, boat, vessel, or
other similar means of transportation that is owned or leased
by the United States Government.
``(b) Authority.--
``(1) In general.--The Administrator may authorize the use
of a passenger carrier to transport a government astronaut or
space flight participant between the residence of the
individual and various locations if--
``(A) such transportation is provided for an
official purpose; and
``(B) the Chief of the Astronaut Office has
approved, in writing, post-mission transportation of
government astronauts and space flight participants
under this section.
``(2) Maintenance, operation, and repair.--The
Administrator may maintain, operate, and repair 1 or more
passenger carriers for the purpose of providing transportation
pursuant to the authority provided in paragraph (1).
``(c) Reimbursement.--Transportation under subsection (b)(1) of an
international partner astronaut or a space flight participant who is
not an employee of the United States Government shall be subject to
reimbursement to the Treasury.
``(d) Regulations.--The Administrator shall promulgate such
regulations as are necessary to carry out this section.
``(e) Applicability of Section 1344 of Title 31.--In carrying out
subsection (b), the Administrator may expend funds available to the
Administration, by appropriation or otherwise, notwithstanding section
1344(a) of title 31.''.
(b) Clerical Amendment.--The table of contents for chapter 201 of
title 51, United States Code, is amended by inserting after the item
relating to section 20149 the following:
``20150. Passenger carrier use for astronaut transportation.''.
SEC. 813. RULE OF CONSTRUCTION.
Nothing in this Act may be construed to alter or limit NASA's
scientific integrity policies.
<all>
Introduced in Senate
Read twice and referred to the Committee on Commerce, Science, and Transportation.
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