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Title II — Human Space Flight

H.R. 2687 · 113th Congress · Jul 15, 2013 · Lineage

II Human Space Flight

A Exploration

Sec. 201 Space exploration policy

(a)
Findings— Congress finds the following:
(1)
Congress supports a human exploration program that is not critically dependent on the achievement of milestones by fixed dates and an exploration technology development program to enable lunar human and robotic operations, as described in paragraphs (1) and (2) of section 70502 of title 51, United States Code.
(2)
Congress supports the expansion of permanent human presence beyond low-Earth orbit, in a manner involving international partners where practical.
(3)
Congress remains committed to ensuring that authorized budgets for the human space flight program should allow the Administration to maintain high safety standards.
(4)
Exploration deeper into the solar system should be the core mission of the Administration.
(5)
Congress strongly supports the development of the Space Launch System and the Orion crew capsule as the enabling elements for human exploration, advanced scientific missions, and national security priorities beyond low-Earth orbit.
(b)
Policy— It is the policy of the United States that the development of capabilities and technologies necessary for human missions to lunar orbit, the surface of the Moon, the surface of Mars, and beyond shall be the goal of the Administration’s human space flight program.
(c)
Vision for space exploration— Section 20302 of title 51, United States Code, is amended—
(1)
by striking subsection (a) and inserting the following:

“(a) In general—The Administrator shall establish a program to develop a sustained human presence on the Moon and the surface of Mars, including a robust precursor program that follows the stepping stone plan required in section 70504 to promote exploration, science, commerce, and United States preeminence in space. The Administrator is further authorized to develop and conduct appropriate international collaborations in pursuit of such program, but the absence of an international partner may not be justification for failure to pursue such program in a timely manner.”

(2)
in subsection (b)—
(A)
by striking paragraph (1) and inserting the following:

“(1) Returning Americans to the Moon.”

(B)
by striking paragraph (2) and inserting the following:

“(2) Launching the first crewed mission of the fully integrated Orion crew capsule with the Space Launch System as close to 2020 as possible.”

(C)
in paragraph (4), by striking “from Mars and” and inserting “from the Moon, Mars, and”; and
(3)
by adding at the end the following:

“(c) Definitions—In this section:

“(1) Orion crew capsule—The term “Orion crew capsule” refers to the multipurpose crew vehicle described in section 303 of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18323).

“(2) Space Launch System—The term “Space Launch System” refers to the follow-on Government-owned civil launch system developed, managed, and operated by the Administration to serve as a key component to expand human presence beyond low-Earth orbit, as described in section 302 of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18322).”

(d)
Key objectives— Section 202(b) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18312(b)) is amended—
(1)
in paragraph (3), by striking “and” after the semicolon;
(2)
in paragraph (4), by striking the period at the end and inserting “; and”; and
(3)
by adding at the end the following:

“(5) to accelerate the development of capabilities to enable a human exploration mission to the surface of Mars and beyond through the prioritization of those technologies and capabilities best suited for such a mission in accordance with the Mars Human Exploration Roadmap under section 70504 of title 51, United States Code.”

(e)
Use of non-United States human space flight transportation capabilities— Section 201(a) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18311(a)) is amended to read as follows:

“(a) Use of non-United States human space flight transportation capabilities

“(1) In general—NASA may not obtain non-United States human space flight capabilities unless no domestic commercial provider is available to provide such capabilities.

“(2) Definition—For purposes of this subsection, the term “domestic commercial provider” means a person providing space transportation services or other space-related activities, the majority control of which is held by persons other than a Federal, State, local, or foreign government, foreign company, or foreign national.”

(f)
Repeal of Space Shuttle capability assurance— Section 203 of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18313) is amended—
(1)
by striking subsection (b);
(2)
in subsection (d), by striking “subsection (c)” and inserting “subsection (b)”; and
(3)
by redesignating subsections (c) and (d) as subsections (b) and (c), respectively.

Sec. 202 Stepping stone approach to exploration

(a)
In general— Section 70504 of title 51, United States Code, is amended to read as follows:

“70504. Stepping stone approach to exploration

“(a) In general—In order to maximize the cost effectiveness of the long-term space exploration and utilization activities of the United States, the Administrator shall direct the Human Exploration and Operations Mission Directorate to develop a Mars Human Exploration Roadmap to define the specific capabilities and technologies necessary to extend human presence to the surface of Mars and the mission sets required to demonstrate such capabilities and technologies.

“(b) Roadmap requirements—In developing the Mars Human Exploration Roadmap, the Administrator shall—

“(1) include the specific set of capabilities and technologies required to extend human presence to the surface of Mars and the mission sets necessary to demonstrate the proficiency of these capabilities and technologies with an emphasis on using the International Space Station, lunar landings, cis-lunar space, trans-lunar space, Lagrangian points, and the natural satellites of Mars, Phobos and Deimos, as testbeds, as necessary, and shall include the most appropriate process for developing such capabilities and technologies;

“(2) provide a specific process for the evolution of the capabilities of the fully integrated Orion crew capsule with the Space Launch System and how these systems demonstrate the capabilities and technologies described in paragraph (1);

“(3) provide a description of the capabilities and technologies that could be demonstrated or research data that could be gained through the utilization of the International Space Station and the status of the development of such capabilities and technologies;

“(4) describe a framework for international cooperation in the development of all technologies and capabilities required in this section, as well as an assessment of the risks posed by relying on international partners for capabilities and technologies on the critical path of development;

“(5) describe a process for utilizing nongovernmental entities for future human exploration beyond trans-lunar space and specify what, if any, synergy could be gained from—

“(A) partnerships using Space Act Agreements (as defined in section 2 of the National Aeronautics and Space Administration Authorization Act of 2013); or

“(B) other acquisition instruments; and

“(6) include in the Roadmap an addendum from the NASA Advisory Council, and an addendum from the Aerospace Safety Advisory Panel, each with a statement of review of the Roadmap that shall include—

“(A) subjects of agreement;

“(B) areas of concern; and

“(C) recommendations.

“(c) Updates—The Administrator shall update such Roadmap at least every 4 years and include it in the budget for that fiscal year transmitted to Congress under section 1105(a) of title 31, and describe—

“(1) the achievements and goals reached in the process of developing such capabilities and technologies during the 4-year period prior to the submission of the Roadmap to Congress; and

“(2) the expected goals and achievements in the following 4-year period.

“(d) Definitions—The terms “Orion crew capsule” and “Space Launch System” have the meanings given such terms in section 20302.”

(b)
Report—
(1)
In general— Not later than 1 year after the date of enactment of this Act, the Administrator shall transmit a copy of the Mars Human Exploration Roadmap developed under section 70504 of title 51, United States Code, to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.
(2)
Updates— The Administrator shall transmit a copy of each updated Mars Human Exploration Roadmap to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not later than 7 days after such Roadmap is updated under section 70504(b)(6) of such title.

Sec. 203 Space Launch System

(a)
Findings— Congress finds that—
(1)
the Space Launch System is the most practical approach to reaching the Moon, Mars, and beyond, and Congress reaffirms the policy and minimum capability requirements for the Space Launch System contained in section 302 of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18322);
(2)
the primary goal for the design of the fully integrated Space Launch System is to safely carry a total payload of 130 tons or more to low-Earth orbit to enable human space exploration of the Moon, Mars, and beyond over the course of the next century as required in section 302(c) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18322(c));
(3)
the uncrewed flight test of the 70-ton core element of the Space Launch System fully integrated with the Orion crew capsule as described in section 302(c)(1) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18322(c)(1)) is a necessary flight demonstration in an overall program plan, subject to appropriations; and
(4)
the schedule of the 70-ton core element crewed flight demonstration in 2021 with the Space Launch System fully integrated with the Orion crew capsule as described in section 302(c)(1) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18322(c)(1)) is subject to appropriations.
(b)
In general— As required in section 302(c)(2) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18322(c)(2)), the Administration shall design the Space Launch System as a fully integrated vehicle capable of carrying a total payload of 130 tons or more into low-Earth orbit in preparation for transit for missions beyond low-Earth orbit.
(c)
Progress report—
(1)
In general— Using the President’s budget request for fiscal year 2014 and notional numbers requested therein as a baseline, not later than 90 days after the date of enactment of this Act the Administrator shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate an estimate of—
(A)
when the 70-ton core element of the Space Launch System fully integrated with the Orion crew capsule may be demonstrated as an operational capability;
(B)
when the 130-ton Space Launch System fully integrated with the Orion crew capsule may be demonstrated as an operational capability;
(C)
the projected annual operational costs through 2030 for the 130-ton Space Launch System fully integrated with the Orion crew capsule after its operational capability has been demonstrated; and
(D)
the projected flight rate for the 130-ton Space Launch System fully integrated with the Orion crew capsule through 2030.
(2)
Contingency funding estimates— If the Administrator determines that the uncrewed test flight of the 70-ton core element of the Space Launch System fully integrated with the Orion crew capsule will not occur on or before December 31, 2017, or that the crewed test flight of the 70-ton core element of the Space Launch System fully integrated with the Orion crew capsule will not occur on or before December 31, 2021, the report transmitted under paragraph (1) shall include an estimate of additional funds required through annual appropriations for fiscal years 2015 through 2021 which may be necessary to meet such goals in those years.
(d)
Utilization Report— The Administrator, in consultation with the Secretary of Defense and the Director of National Intelligence, shall prepare a report that addresses the effort and budget required to enable and utilize a cargo variant of the 130-ton Space Launch System configuration described in section 302(c) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18322(c)). This report shall also include consideration of the technical requirements of the scientific and national security communities related to such Space Launch System and shall directly assess the utility and estimated cost savings obtained by using such Space Launch System for national security and space science missions. The Administrator shall transmit such 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 not later than 180 days after the date of enactment of this Act.

Sec. 204 Orion crew capsule

(a)
In general— The Orion crew capsule shall meet the practical needs and the minimum capability requirements described in section 303 of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18323).
(b)
Report— Not later than 60 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—
(1)
detailing those components and systems of the Orion crew capsule that ensure it is in compliance with section 303(b) of such Act (42 U.S.C. 18323(b));
(2)
detailing the expected date that the Orion crew capsule will be available to transport crew and cargo to the International Space Station; and
(3)
certifying that the requirements of section 303(b)(3) of such Act (42 U.S.C. 18323(b)(3)) will be met by the Administration in time for the first crewed test flight in 2021.

Sec. 205 Advanced booster competition

(a)
Report— Not later than 90 days after the date of enactment of this Act, the Associate Administrator of the National Aeronautics and Space Administration shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that—
(1)
describes the estimated total development cost of an advanced booster for the Space Launch System; and
(2)
details any reductions or increases to the development cost of the Space Launch System which may result from conducting a competition for an advanced booster.
(b)
Competition— If the Associate Administrator reports reductions pursuant to paragraph (2) of subsection (a), then the Administration shall conduct a full and open competition for an advanced booster for the Space Launch System to meet the requirements described in section 302(c) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18322(c)), to begin not later than 1 year after the Associate Administrator transmits the report required under subsection (a).

B Space Operations

Sec. 211 Findings

Congress finds the following:
(1)
The International Space Station is the ideal short-term testbed for future exploration systems development, including long-duration space travel.
(2)
The use of the private market to provide cargo and crew transportation services is currently the most expeditious process to restore domestic access to the International Space Station and low-Earth orbit.
(3)
Government-assured access to low-Earth orbit is paramount to the continued success of the International Space Station and National Laboratory.
(4)
Acquiring and maintaining an operational domestic commercial crew transportation service by the year 2017 is of the utmost importance for the future viability of the International Space Station and National Laboratory.

Sec. 212 International Space Station

(a)
In general— The following is the policy of the United States:
(1)
The International Space Station shall be utilized to the maximum extent practicable for the development of capabilities and technologies needed for the future of human exploration beyond low-Earth orbit.
(2)
The Administrator shall, in consultation with the International Space Station partners—
(A)
take all necessary measures to support the operation and full utilization of the International Space Station; and
(B)
seek to minimize, to the extent practicable, the operating costs of the International Space Station.
(3)
Reliance on foreign carriers for crew transfer is unacceptable, and the Nation’s human space flight program must acquire the capability to launch United States astronauts on United States rockets from United States soil as soon as is safe and practically possible, whether on Government-owned and operated space transportation systems or privately owned systems that have been certified for flight by the appropriate Federal agencies.
(b)
Reaffirmation of policy— Congress reaffirms—
(1)
its commitment to the development of a commercially developed launch and delivery system to the International Space Station for crew missions as expressed in the National Aeronautics and Space Administration Authorization Act of 2005 (Public Law 109–155), the National Aeronautics and Space Administration Authorization Act of 2008 (Public Law 110–422), and the National Aeronautics and Space Administration Authorization Act of 2010 (Public Law 111–267);
(2)
that the Administration shall make use of United States commercially provided International Space Station crew transfer and crew rescue services to the maximum extent practicable; and
(3)
the policy stated in section 501(b) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18351(b)) that the Administration shall pursue international, commercial, and intragovernmental means to maximize International Space Station logistics supply, maintenance, and operational capabilities, reduce risks to International Space Station systems sustainability, and offset and minimize United States operations costs relating to the International Space Station.
(c)
Assured access to low-Earth orbit— Section 70501(a) of title 51, United States Code, is amended to read as follows:

“(a) Policy statement—It is the policy of the United States to maintain an uninterrupted capability for human space flight and operations in low-Earth orbit, and beyond, as an essential instrument of national security and the capability to ensure continued United States participation and leadership in the exploration and utilization of space.”

(d)
Repeals—
(1)
Use of space shuttle or alternatives— Chapter 701 of title 51, United States Code, and the item relating to such chapter in the table of chapters for such title, is repealed.
(2)
Shuttle pricing policy for commercial and foreign users— Chapter 703 of title 51, United States Code, and the item relating to such chapter in the table of chapters for such title, is repealed.
(3)
Shuttle privatization— Section 50133 of title 51, United States Code, and the item relating to such section in the table of sections for chapter 501 of such title, is repealed.
(e)
Extension criteria report— Not later than 1 year after the date of enactment of this Act, 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 on the feasibility of extending the operation of the International Space Station that includes—
(1)
criteria for defining the International Space Station as a research success;
(2)
cost estimates for operating the International Space Station to achieve the criteria in paragraph (1);
(3)
cost estimates for extending operations to 2020, 2025, and 2030; and
(4)
an assessment of how the defined criteria under paragraph (1) respond to the National Academies Decadal Survey on Biological and Physical Sciences in Space.
(f)
Strategic plan for International Space Station research—
(1)
In general— The Director of the Office of Science and Technology Policy, in consultation with the Administrator, academia, other Federal agencies, the International Space Station National Laboratory Advisory Committee, and other potential stakeholders, shall develop and 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 strategic plan for conducting competitive, peer-reviewed research in physical and life sciences and related technologies on the International Space Station through at least 2020.
(2)
Plan requirements— The strategic plan shall—
(A)
be consistent with the priorities and recommendations established by the National Academies in its Decadal Survey on Biological and Physical Sciences in Space;
(B)
provide a research timeline and identify resource requirements for its implementation, including the facilities and instrumentation necessary for the conduct of such research; and
(C)
identify—
(i)
criteria for the proposed research, including—
(I)
a justification for the research to be carried out in the space microgravity environment;
(II)
the use of model systems;
(III)
the testing of flight hardware to understand and ensure its functioning in the microgravity environment;
(IV)
the use of controls to help distinguish among the direct and indirect effects of microgravity, among other effects of the flight or space environment;
(V)
approaches for facilitating data collection, analysis, and interpretation;
(VI)
procedures to ensure repetition of experiments, as needed;
(VII)
support for timely presentation of the peer-reviewed results of the research; and
(VIII)
defined metrics for the success of each study;
(ii)
instrumentation required to support the measurements and analysis of the research to be carried out under the strategic plan;
(iii)
the capabilities needed to support direct, real-time communications between astronauts working on research experiments onboard the International Space Station and the principal investigator on the ground;
(iv)
a process for involving the external user community in research planning, including planning for relevant flight hardware and instrumentation, and for utilization of the International Space Station, free flyers, or other research platforms; and
(v)
defined metrics for success of the research plan.
(3)
Report—
(A)
In general— Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the progress of the organization chosen for the management of the International Space Station National Laboratory as directed in section 504 of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18354).
(B)
Specific requirements— The report shall assess the management, organization, and performance of such organization and shall include a review of the status of each of the 7 required activities listed in section 504(c) of such Act (42 U.S.C. 18354(c)).

Sec. 213 Commercial crew report

(a)
In general— The Administration shall consider the ramifications of and create contingencies as the sequestration adopted in the Budget Control Act of 2011 (Public Law 112–25) continues to reduce the Administration’s overall budget.
(b)
Report—
(1)
In general— Not later than 60 days after the date of enactment of this Act, the Administrator shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing 5 distinct options for the final stages of the commercial crew program.
(2)
Requirements— These options shall include—
(A)
a strategy that assumes an appropriation of $500,000,000 over the next 3 fiscal years;
(B)
a strategy that assumes an appropriation of $600,000,000 over the next 3 fiscal years;
(C)
a strategy that assumes an appropriation of $700,000,000 over the next 3 fiscal years;
(D)
a strategy that assumes an appropriation of $800,000,000 over the next 3 fiscal years; and
(E)
a strategy that has yet to be considered previously in any budget submission but that the Administration believes could ensure the flight readiness date of 2017 for at least one provider or significantly decreases the overall program lifecycle cost.
(3)
Inclusions— Each strategy shall include the contracting instruments the Administration will employ to acquire the services in each phase of development or acquisition, the number of commercial providers the Administration will include in the program, and the estimated flight readiness date in each scenario.

Sec. 214 Flight readiness demonstration

(a)
In general— The Administration shall carry out its flight readiness demonstration, in which one or more commercial crew partner companies safely transports United States astronauts to the International Space Station, by December 31, 2017.
(b)
Report— Not later than 180 days after the date of enactment of this Act and every 90 days thereafter until the Administration carries out its flight readiness demonstration, the Administrator shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report—
(1)
describing the current status of the Commercial Crew program, including all funding paid to any partner company throughout the life of the program detailed by specific dollar amounts provided for each milestone completed for each partner company;
(2)
specifying the accomplishments and milestones completed in the 90 days prior to the date of transmission of the report under any phase of the program and all dollar amounts provided for each of those milestones;
(3)
identifying those accomplishments and milestones that were expected to be completed in the 90 days prior to the date of transmission of such report under any phase of the program but that were not completed in that timeframe;
(4)
setting forth the accomplishments and milestones that are expected to be completed in the 90-day period following the transmission of such report under any phase of the program; and
(5)
containing a statement of flight readiness under subsection (c).
(c)
Statement of Flight Readiness— The statement of flight readiness required by subsection (b)(5) shall include—
(1)
either—
(A)
a certification by the Administrator that the Administration is on schedule to comply with subsection (a); or
(B)
an explanation as to why the Administration is not on schedule to comply with subsection (a) and why the Administration did not develop an acquisition strategy based on existing budget authority; and
(2)
a certification by the Administrator that all deviations from the Aerospace Safety Advisory Panel recommendations have been reported in accordance with section 215.
(d)
Authorization of funds— Not later than 60 days after the issuance of the explanation described in subsection (c)(2), the Administrator shall provide, and begin implementation of, a new acquisition strategy that ensures that at least 1 company will be prepared to provide crew transport services by December 31, 2017.

Sec. 215 Certification Products Contract phase two

(a)
In general— Phase two and any subsequent phase of the Certification Products Contract, and any further acquisition or development actions taken by the Administration under the Commercial Crew Program, shall be executed—
(1)
under a cost-type contract specified by Federal Acquisition Regulations; and
(2)
except as provided in subsection (b), in accordance with the 2012 Annual Report of the Aerospace Safety Advisory Panel.
(b)
Deviations—
(1)
Authority— The Administrator may deviate from any findings and recommendations of the 2012 Annual Report of the Aerospace Safety Advisory Panel if the Administrator has determined doing so is in the best interest of the program.
(2)
Notice and justification— If the Administrator deviates from any findings and recommendations of the 2012 Annual Report of the Aerospace Safety Advisory Panel under paragraph (1), the Administrator shall transmit in writing to the Chair of the Aerospace Safety Advisory Panel, the Committee on Science, Space, and Technology of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate notice of any planned deviations, along with a justification therefor, as part of the statement required under section 214(c)(1).
(c)
Report— The Aerospace Safety Advisory Panel shall review and report to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on any deviation within 45 days of notification.

Sec. 216 Space communications

(a)
Plan— The Administrator shall develop a plan, in consultation with relevant Federal agencies, for updating the Administration’s space communications architecture for both low-Earth orbital operations and deep space exploration so that it is capable of meeting the Administration’s needs over the next 20 years. The plan shall include lifecycle cost estimates, milestones, estimated performance capabilities, and 5-year funding profiles. The plan shall also include an estimate of the amounts of any reimbursements the Administration is likely to receive from other Federal agencies during the expected life of the upgrades described in the plan. At a minimum, the plan shall include a description of the following:
(1)
Projected Deep Space Network requirements for the next 20 years, including those in support of human space exploration missions.
(2)
Upgrades needed to support Deep Space Network requirements, including cost estimates and schedules.
(3)
Cost estimates for the maintenance of existing Deep Space Network capabilities.
(4)
Projected Tracking and Data Relay Satellite System requirements for the next 20 years, including those in support of other relevant Federal agencies.
(5)
Cost and schedule estimates to maintain and upgrade the Tracking and Data Relay Satellite System to meet projected requirements.
(6)
Steps the Administration is taking to mitigate threats to electromagnetic spectrum use.
(b)
Schedule— The Administrator shall transmit the plan developed under this section to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not later than 1 year after the date of enactment of this Act.