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Title II — Human Exploration and Operations

H.R. 2616 · 113th Congress · Jul 8, 2013 · Lineage

II Human Exploration and Operations

A Exploration

Sec. 201 Goal

The goal of NASA’s Exploration program shall be to successfully conduct a crewed mission to the surface of Mars to begin the human exploration of that planet as part of a broader national goal of human and robotic exploration of the solar system. NASA’s exploration activities and investments shall be organized towards the achievement of that goal. Potential exploration and utilization of the Moon, cis-lunar space, near-Earth asteroids, Lagrangian points, and Martian moons may be pursued as interim destinations to the extent that they make significant contributions to the achievement of that goal.

Sec. 202 Roadmap

(a)
In general— The Administrator shall establish a roadmap to guide NASA’s planning for the achievement of the goal established in section 201.
(b)
Requirements—
(1)
In general— The roadmap shall include information on the phasing of planned intermediate destinations, Mars mission risk areas and potential risk mitigation approaches, technology requirements and phasing of required technology development activities, the management strategy to be followed, related ISS activities, any planned international collaborative activities, potential commercial contributions, and other activities relevant to the achievement of the goal established in section 201.
(2)
Initial roadmap requirement— The first roadmap transmitted under subsection (c)(1) shall also include an explicit analysis of—
(A)
the technical requirements for pursuing a roadmap to Mars that includes a human and robotic return to the lunar surface;
(B)
the extent to which inclusion of that intermediate destination would assist in the achievement of the goal established in section 201; and
(C)
the scope of international participation that might be anticipated and the potential benefits from such participation if such an intermediate destination were to be selected.
(3)
Participation— The development of the roadmap shall, to the maximum extent practicable, involve the participation of the ISS partnership in its preparation.
(c)
Transmittal—
(1)
Initial roadmap deadline— The first roadmap shall be transmitted to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate concurrently with its submission to the Office of Management and Budget and prior to when the budget for fiscal year 2015 is transmitted to Congress under section 1105(a) of title 31, United States Code.
(2)
Annual update— The roadmap shall be updated annually and transmitted to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate with the budget for that fiscal year transmitted to Congress under section 1105(a) of title 31, United States Code.

Sec. 203 Sense of Congress on international participation

It is the sense of Congress that the President should invite the United States partners in the ISS program and other nations, as appropriate, to participate in an international initiative under the leadership of the United States to achieve the goal of successfully conducting a crewed mission to the surface of Mars.

Sec. 204 Exploration systems development

(a)
In general— Given the critical importance of a heavy-lift launch vehicle and crewed spacecraft to enable the achievement of the goal established in section 201, as well as to the accomplishment of intermediate exploration milestones and the provision of a backup capability to transfer crew and cargo to the ISS, the Administrator shall make the expeditious development, test, and achievement of operational readiness of the Space Launch System and the Orion multipurpose crew vehicle the highest priority of the Exploration program. In order to promote safety and reduce programmatic risk, the Administrator shall budget for and undertake a robust ground test and uncrewed and crewed flight test and demonstration program for the Space Launch System and the Orion multipurpose crew vehicle and shall budget for an operational flight rate sufficient to maintain safety and operational readiness.
(b)
Government Accountability Office review— Not later than 270 days after the date of enactment of this Act, the Comptroller General shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on NASA’s acquisition of ground systems in support of the Space Launch System. The report shall assess the extent to which NASA’s exploration systems development of ground systems is focused on the direct support of the Space Launch System and shall identify any ground support projects or activities that NASA is undertaking that do not solely or primarily support the Space Launch System.
(c)
Sense of Congress— It is the sense of Congress that the President’s annual budget requests for the Space Launch System and Orion multipurpose crew vehicle development, test, and operational phases should strive to accurately reflect the resource requirements of each of those phases, consistent with subsection (a).

Sec. 205 Space radiation

(a)
Strategy and plan—
(1)
In general— The Administrator shall develop a space radiation mitigation and management strategy and implementation plan to enable the achievement of the goal established in section 201 that includes key research and monitoring requirements, milestones, a timetable, and an estimate of facility and budgetary requirements.
(2)
Coordination— The strategy shall include a mechanism for coordinating NASA research, technology, facilities, engineering, operations, and other functions required to support the strategy and plan.
(3)
Transmittal— Not later than 1 year after the date of enactment of this Act, the Administrator shall transmit the strategy and plan to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.
(b)
Space radiation research facilities— The Administrator, in consultation with the heads of other appropriate Federal agencies, shall assess the national capabilities for carrying out critical ground-based research on space radiation biology and shall identify any issues that could affect the ability to carry out that research.

Sec. 206 Participatory exploration

The Administrator shall identify opportunities to—
(1)
leverage technologies in NASA’s Exploration program to deliver a rich, multimedia experience to the public; and
(2)
facilitate participation by the public, the private sector, nongovernmental organizations, and international partners in outreach efforts related to the Exploration program.

Sec. 207 Sense of Congress on science and exploration

It is the sense of Congress that the Administrator should strive to make use of the synergies between science and human exploration in ways that maximize the benefits to both sets of activities.

Sec. 208 Planetary protection for human exploration missions

(a)
Study— The Administrator shall enter into an arrangement with the National Academies for a study to explore the planetary protection ramifications of future missions by astronauts to the lunar polar regions, near-Earth asteroids, the moons of Mars, and the surface of Mars.
(b)
Scope— The study shall—
(1)
collate and summarize what has been done to date with respect to planetary protection measures to be applied to human missions to the lunar polar regions, near-Earth asteroids, the moons of Mars, and the surface of Mars;
(2)
identify and document planetary protection concerns associated with human missions to the lunar polar regions, near-Earth asteroids, the moons of Mars, and the surface of Mars;
(3)
develop a methodology, if possible, for defining and classifying the degree of concern associated with each likely destination;
(4)
assess likely methodologies for addressing planetary protection concerns; and
(5)
identify areas for future research to reduce current uncertainties.
(c)
Completion date— Not later than 2 years after the date of enactment of this Act, the Administrator shall provide the results of the study to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.

B International Space Station

Sec. 211 Objectives and policy

The United States ISS program shall have two primary objectives: supporting achievement of the goal established in section 201 and pursuing a research program that advances knowledge and provides benefits to society. It shall continue to be the policy of the United States to, in consultation with its international partners in the ISS program, support full and complete utilization of the ISS through at least 2020.

Sec. 212 Sense of Congress regarding operation and utilization of the ISS beyond 2020

It is the sense of Congress that the operation and utilization of the ISS beyond 2020 should be considered if the Administrator determines that the ISS is functioning as a productive research facility in the years prior to 2020 or that operation and utilization of the ISS past 2020 is essential for the achievement of the goal established in section 201, and the Administrator’s determination is validated by an independent external review.

Sec. 213 Prohibition on precluding ISS operations beyond 2020

The Administrator shall take no steps that would preclude continued United States operation and utilization of the ISS after 2020.

Sec. 214 Criteria for extending ISS operations beyond 2020

(a)
In general— The Administrator shall—
(1)
establish specific criteria for determining how long the ISS can and should continue operations; and
(2)
identify the actions needed to deorbit the ISS once a decision is made to deorbit the laboratory.
(b)
Report— The Administrator shall transmit a report to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate documenting such criteria and deorbit actions not later than 180 days after the date of enactment of this Act.

Sec. 215 ISS cargo resupply services lessons learned

Not later than 120 days after the date of enactment of this Act, the Administrator shall transmit a report to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate that—
(1)
identifies the lessons learned to date from the Commercial Resupply Services contract;
(2)
indicates whether changes are needed to the manner in which NASA procures and manages similar services upon the expiration of the existing Commercial Resupply Services contract; and
(3)
identifies any lessons learned from the Commercial Resupply Services contract that should be applied to the procurement and management of commercially provided crew transfer services to and from the ISS.

Sec. 216 Crew transportation to and from the ISS

(a)
Objective— The objective of NASA’s Commercial Crew Program shall be to assist the development of at least one crew transportation system to carry NASA astronauts safely, reliably, and affordably to and from the ISS and to serve as an emergency crew rescue vehicle as soon as practicable within the funding levels authorized in this Act.
(b)
Sense of congress— It is the sense of Congress that once developed and certified to meet NASA’s safety and reliability requirements, United States commercially provided crew transportation systems offer the potential of serving as the primary means of transporting American astronauts and international partner astronauts to and from the ISS and serving as ISS emergency crew rescue vehicles. At the same time, the budgetary assumptions used by NASA in its planning for the Commercial Crew Program have consistently assumed significantly higher funding levels than have historically been authorized and appropriated by Congress. It is the sense of Congress that credibility in the Administration’s budgetary estimates for the Commercial Crew Program can be enhanced by an independently developed cost estimate. It is further the sense of Congress that this lack of budgetary realism in the planning process creates unnecessary inefficiencies and increased programmatic risk, and NASA should thus adjust its planning process to realistically reflect the levels of funding authorized in this Act. NASA’s plans indicate that it will not be able to begin contracted-for crew transportation resupply operational flights until fiscal year 2018 even under its optimistic funding assumptions, which means that NASA is not likely to have a requirement for more than a total of 8 commercially provided crew rotation flights prior to the expiration of the current Congressional commitment to continued operation of the ISS in 2020. Thus, it is also the sense of Congress that the highest priority of the Commercial Crew Program should be assisting the development of a safe, reliable, and affordable crew transportation system for transporting NASA astronauts to and from the ISS as soon as practicable within the funding levels authorized in this Act rather than making a specific date for the initiation of operational service drive the program planning.
(c)
Independent cost estimate—
(1)
Requirement— Not later than 30 days after the Federal Acquisition Regulation-based contract described in subsection (d)(2) is awarded, the Administrator shall arrange for the initiation of an Independent Cost Estimate for—
(A)
all activities associated with the development, test, demonstration, and certification of commercial crew transportation systems; and
(B)
transportation and rescue services required by NASA for ISS operations through calendar year 2020 or later if NASA requirements so dictate.
(2)
Transmittal— Not later than one year after initiation of the Independent Cost Estimate under paragraph (1), the Administrator shall transmit the results of the Independent Cost Estimate to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.
(d)
Acquisition Approach—
(1)
Restriction— The Administrator shall not exercise any optional milestones beyond the base period of the Space Act Agreements established under the Commercial Crew Integrated Capability initiative.
(2)
Source selection— To cover all development, test, demonstration, and certification activities not included in the base period of the Commercial Crew Integrated Capability Space Act Agreements, the Administrator shall conduct a Federal Acquisition Regulation-based competitive source selection for a cost plus incentive fee contract for all activities related to the development, test, demonstration, and certification of one or more commercially provided crew transportation systems to transport NASA astronauts to and from the ISS and serve as an emergency crew rescue vehicle as soon as practicable under the authorized funding and while ensuring that all safety requirements are met. The number of systems selected shall be consistent with the funding levels authorized in this Act. The Administrator shall identify a methodology by which NASA will ensure that the Government is not charged for contractor costs incurred during development, testing, demonstration, and certification activities by an awardee of the Federal Acquisition Regulation-based contract for operational commercial crew transportation services.
(3)
Cost minimization— The Administrator shall strive through the competitive selection process to minimize the life cycle cost to NASA through the planned period of commercially provided crew transportation services.
(e)
Safety— Consistent with the findings and recommendations of the Columbia Accident Investigation Board, the Administrator shall seek to ensure that minimization of the probability of loss of crew shall be an important selection criterion in the competitive selection described in subsection (d).
(f)
Determination of cost-Effectiveness of services— NASA, prior to contracting for commercial crew transportation services, shall identify the manner by which it will establish whether such transportation services provide an equally or more cost-effective alternative to current services.
(g)
Operational services contract—
(1)
In general— The Administrator may not enter into a contract for commercially provided crew transportation services developed and certified as described in subsection (b) in which the price per seat or total amount charged per year shall be greater than the amount charged per seat or on an annual basis for Soyuz crew transfer services agreed to on April 22, 2013.
(2)
Report— Not later than 60 days before entering into a contract for commercial crew transportation services, the Administrator shall provide a report to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate identifying the methodology and criteria by which the Administrator determined that the price per seat or total annual amount charged per year of procured commercial transportation services is not greater than the amount charged per seat for Soyuz crew transfer services agreed to on April 22, 2013. The Administrator shall also certify, using the methodology identified pursuant to subsection (d)(2), that the service transportation costs contracted for do not include contractor costs incurred during development, testing, demonstration, and certification activities. If the Administrator determines that NASA is unable to enter into a contract under the terms specified in paragraph (1), the Administrator shall report that determination to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, and shall also report what alternative contract arrangement the Administrator will seek to enter into at least 60 days before entering into such an alternative contract.

Sec. 217 Commercial crew transportation development independent review

(a)
In general— The congressionally established Aerospace Safety Advisory Panel (ASAP) shall conduct a review to determine whether NASA has—
(1)
adequate assurance that the requirements, standards, and processes for commercial transportation systems developed with NASA funding are held to the same safety standards as Government human spaceflight missions; and
(2)
developed a procedure to provide independent assurance of flight safety and flight readiness before the authorization of United States Government personnel to participate as crew onboard any commercial space transportation system.
(b)
Report— Not later than 1 year after the date of enactment of this Act, the Aerospace Safety Advisory Panel shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing—
(1)
the Panel’s assessment of NASA’s certification strategy, specifications, and guidance;
(2)
the Panel’s view of the mandatory safety requirements that must be met; and
(3)
the steps NASA and the commercial space industry need to take to ensure that commercial crew transportation and rescue vehicles have requirements, standards, and processes equivalent to those of NASA.
(c)
Prohibition against financial commitment prior to ASAP report— The Administrator may not enter into any financially binding contract with a commercial space transportation services provider for crew transportation services until 30 days after the Committees’ receipt of the report under subsection (b).
(d)
Certification— The Administrator may not enter into any financially binding contract with a commercial space transportation services provider for crew transportation services until—
(1)
the Administrator has transmitted to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a certification that—
(A)
the provider with which a contract is planned has demonstrated the safety and reliability of its systems for crew transportation and crew rescue to be equivalent to NASA-promulgated safety and reliability policies, procedures, and standards for human spaceflight; and
(B)
successful flight experience accrued has provided NASA with sufficient safety-related and reliability-related data and information to make an informed assessment about the flight readiness; and
(2)
all indemnification and liability issues associated with the use of such systems by the United States Government have been addressed, and the Administrator has transmitted to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing the indemnification and liability provisions that are planned to be included in such contracts.

Sec. 218 Integrated plan to effect maximum utilization of the ISS

(a)
Purpose— NASA shall seek to maximize the productivity and use of the ISS with respect to scientific and technological research and development, advancement of space exploration, and international collaboration.
(b)
Plan— NASA shall develop an up-to-date, comprehensive, and integrated plan to achieve the purpose stated in subsection (a) that includes—
(1)
a list of planned activities, including any activities in support of the goal established in section 201, that the Administrator believes require extension of the ISS beyond 2020 to carry out, along with the rationale for carrying out those activities;
(2)
funding requirements;
(3)
research or technology objectives to be achieved, including those established to enable the achievement of the goal established in section 201;
(4)
success criteria; and
(5)
the details of—
(A)
the specific objectives for using the ISS through 2020;
(B)
priorities attributed to these objectives;
(C)
resources required to achieve these objectives on an annual basis;
(D)
how NASA will achieve those objectives and how Congress can measure NASA’s progress on those objectives;
(E)
key assumptions driving the plan; and
(F)
what NASA will do with the unused capacity and capabilities of the ISS if potential users of the National Laboratory decide not to make significant use of it.
(c)
Report— Not later than 180 days after the date of enactment of this Act, the Administrator shall provide to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, and concurrently to the Office of Management and Budget, the plan developed under subsection (b).

Sec. 219 Centrifuge

If a commitment is made to extend ISS operation and utilization past 2020, the Administrator shall take all necessary steps to provide for the inclusion on the ISS of a variable gravity centrifuge of sufficient size and capability to support both plant and animal research, along with necessary support facilities, as soon as practicable.

Sec. 220 Management of the ISS National Laboratory

(a)
Assessment— The Administrator shall enter into an arrangement with the National Academies for an independent assessment of the status of and performance under the cooperative agreement with the Center for the Advancement of Science in Space (CASIS) for the management of the portion of the ISS that operates as a United States National Laboratory.
(b)
Report— Not later than 1 year after the date of enactment of this Act, the Administrator shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing the independent assessment conducted pursuant to subsection (a). The report shall address—
(1)
the extent to which CASIS is helping to ensure that the ISS’s unique capabilities are available to the broadest possible cross section of United States scientific, technological, and industrial communities;
(2)
the status of CASIS’s development and management of a varied research and development portfolio based on United States national needs;
(3)
progress in establishing a marketplace to facilitate matching research pathways with qualified funding sources;
(4)
efforts to stimulate interest in using the National Laboratory for research and technology demonstrations and as a platform for science, technology, engineering, and mathematics (STEM) education; and
(5)
the status of NASA’s efforts to transition responsibilities to CASIS for managing the National Laboratory research portfolio, including planning and coordinating ground and on-orbit research activities.

Sec. 221 Barriers impeding enhanced utilization of the ISS’s National Laboratory by commercial companies

(a)
Sense of congress— It is the sense of Congress that—
(1)
enhanced utilization of the ISS’s National Laboratory requires a full understanding of the barriers impeding such utilization and actions needed to be taken to remove or mitigate them to the maximum extent practicable; and
(2)
doing so will allow NASA to encourage commercial companies to invest in microgravity research using National Laboratory research facilities.
(b)
Assessment— The Administrator shall enter into an arrangement with the National Academies for an assessment to—
(1)
identify barriers impeding enhanced utilization of the ISS’s National Laboratory;
(2)
recommend ways to encourage commercial companies to make greater use of the ISS’s National Laboratory, including corporate investment in microgravity research; and
(3)
identify any legislative changes that may be required.
(c)
Transmittal— Not later than one year after the date of enactment of this Act, the Administrator shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate the results of the assessment described in subsection (b).

C Other Operations

Sec. 231 Integrated space communications network and infrastructure

(a)
Plan— The Administrator shall prepare an updated plan for NASA’s near-Earth, space, and deep space communications network and infrastructure. The plan shall—
(1)
identify steps to sustain the existing network and infrastructure;
(2)
assess the capabilities, including any upgrades, needed to support NASA’s programs;
(3)
identify priorities for how resources should be used to implement the plan; and
(4)
assess the impact on missions if resources are not secured at the level needed.
(b)
Transmittal— Not later than 270 days after the date of enactment of this Act, the Administrator shall transmit the plan to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.