Sec. 101
Fiscal year 2014
There are authorized to be appropriated to the Administration for fiscal year 2014 $17,646,500,000 as follows:
(1)
For Space Exploration, $4,113,200,000, of which—
(A)
$1,918,200,000 shall be for the Space Launch System, of which $318,200,000 shall be for Exploration Ground Systems;
(B)
$1,197,000,000 shall be for the Orion crew capsule;
(C)
$302,000,000 shall be for Exploration Research and Development; and
(D)
$696,000,000 shall be for Commercial Crew Development activities.
(2)
For Space Operations, $3,778,000,000, of which $2,984,100,000 shall be for the International Space Station Program.
(3)
For Science, $5,151,200,000, of which—
(A)
$1,826,000,000 shall be for Earth Science;
(B)
changed
$1,345,000,000 shall be for Planetary Science, of which with up to $30,000,000 shall be for the Astrobiology Institute;
(C)
$668,000,000 shall be for Astrophysics;
(D)
$658,200,000 shall be for the James Webb Space Telescope; and
(E)
$654,000,000 shall be for Heliophysics.
(4)
For Aeronautics, $566,000,000.
(5)
For Space Technology, $576,000,000.
(6)
For Education, $116,600,000.
(7)
For Cross-Agency Support, $2,793,000,000.
(8)
For Construction and Environmental Compliance and Restoration, $515,000,000.
(9)
For Inspector General, $37,500,000.
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, or its successor division, to develop a Human Exploration Roadmap to define the specific capabilities and technologies necessary to extend human presence to the surface of Mars and the sets and sequences of missions required to demonstrate such capabilities and technologies.
“(b) International participation—The President should invite the United States partners in the International Space Station 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.
“(c) Roadmap requirements—In developing the Human Exploration Roadmap, the Administrator shall—
“(1) include the specific set of capabilities and technologies that contribute to extending human presence to the surface of Mars and the sets and sequences of missions necessary to demonstrate the proficiency of these capabilities and technologies with an emphasis on using or not 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) 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 International Space Station activities, and planned international collaborative activities, potential commercial contributions, and other activities relevant to the achievement of the goal established in section 201(a) of the National Aeronautics and Space Administration Authorization Act of 2014;
“(3) describe those technologies already under development across the Federal Government or by nongovernment entities which meet or exceed the needs described in paragraph (1);
“(4) 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);
“(5) provide a description of the capabilities and technologies that need to 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;
“(6) 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;
changed
“(7) describe a process for utilizing nongovernmental entities for future human exploration beyond trans-lunar lunar landings and cis-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 2014); or
“(B) other acquisition instruments;
“(8) include in the Human Exploration Roadmap an addendum from the National Aeronautics and Space Administration Advisory Council, and an addendum from the Aerospace Safety Advisory Panel, each with a statement of review of the Human Exploration Roadmap that shall include—
“(A) subjects of agreement;
“(B) areas of concern; and
“(C) recommendations; and
“(9) include in the Human Exploration Roadmap an examination of the benefits of utilizing current Administration launch facilities for trans-lunar missions.
“(d) Updates—The Administrator shall update such Human Exploration Roadmap as needed but no less frequently than every 2 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 2-year period prior to the submission of the update to Congress; and
“(2) the expected goals and achievements in the following 2-year period.
“(e) Definitions—In this section, the terms “Orion crew capsule” and “Space Launch System” have the meanings given such terms in section 20302.”
(1)
In general— Not later than 180 days after the date of enactment of this Act, the Administrator shall transmit a copy of the 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 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 Human Exploration Roadmap is updated.
Sec. 211
International Space Station
(a)
Findings— Congress finds the following:
(1)
The International Space Station is an ideal 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 access to low-Earth orbit is paramount to the continued success of the International Space Station and National Laboratory.
(b)
In general— The following is the policy of the United States:
(1)
The United States International Space Station program shall have two primary objectives: supporting achievement of the goal established in section 201 of this Act and pursuing a research program that advances knowledge and provides benefits to the Nation. It shall continue to be the policy of the United States to, in consultation with its international partners in the International Space Station program, support full and complete utilization of the International Space Station.
(2)
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 and shall be considered in the development of the Human Exploration Roadmap developed under section 70504 of title 51, United States Code.
(3)
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.
(4)
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.
(c)
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;
(3)
that the Orion crew capsule shall provide an alternative means of delivery of crew and cargo to the International Space Station, in the event other vehicles, whether commercial vehicles or partner-supplied vehicles, are unable to perform that function; and
(4)
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.
(d)
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.”
(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, are 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, are 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, are repealed.
(f)
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)
any necessary contributions to enabling execution of the Human Exploration Roadmap developed under section 70504 of title 51, United States Code;
(3)
cost estimates for operating the International Space Station to achieve the criteria required under paragraph (1);
(4)
cost estimates for extending operations to 2024 and 2030;
(5)
an assessment of how the defined criteria under paragraph (1) respond to the National Academies Decadal Survey on Biological and Physical Sciences in Space; and
(6)
an identification of the actions and cost estimate needed to deorbit the International Space Station once a decision is made to deorbit the laboratory.
(g)
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
(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;
(VIII)
defined metrics for the success of each study; and
(IX)
how these activities enable the Human Exploration Roadmap described in section 70504 of title 51, United States Code;
(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;
(v)
changed
the acquisition strategies strategy the Administration plans to use to acquire any new support capabilities which are not operational on the International Space Station as of the date of enactment of this Act Act, and which have an estimated total life cycle cost of $10,000,000 or more, along with a justification of any anticipated use of the criteria the Administration will apply if less than full and open competition and written approval therefor from the Administration’s Assistant Administrator for Procurement; is selected; and
(vi)
defined metrics for success of the research plan.
(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. 702
Termination liability sense of Congress
added
It is the sense of Congress that:
(a)
removed
Findings— Congress makes the following findings:
(1)
renumbered
was (2)(3)
The International Space Station, the Space Launch System, and the Orion crew capsule will enable the Nation to continue operations in low-Earth orbit and to send its astronauts to deep space. The James Webb Space Telescope will revolutionize our understanding of star and planet formation and how galaxies evolved and advance the search for the origins of our universe. As a result of their unique capabilities and their critical contribution to the future of space exploration, these systems have been designated by Congress and the Administration as priority investments.
(2)
renumbered
was (2)(4)
In addition, contractors are currently holding program funding, estimated to be in the hundreds of millions of dollars, to cover the potential termination liability should the Government choose to terminate a program for convenience. As a result, hundreds of millions of taxpayer dollars are unavailable for meaningful work on these programs.
(3)
renumbered
was (2)(5)
According to the Government Accountability Office, the Administration procures most of its goods and services through contracts, and it terminates very few of them. In fiscal year 2010, the Administration terminated 28 of 16,343 active contracts and orders—a termination rate of about 0.17 percent.
(4)
added
The Administration should vigorously pursue a policy on termination liability that maximizes the utilization of its appropriated funds to make maximum progress in meeting established technical goals and schedule milestones on these high-priority programs.
(4)
removed
Providing processes requiring congressional notification on termination of these high-priority programs would enable contractors to apply taxpayer dollars to making maximum progress in meeting the established technical goals and schedule milestones of these programs.
(b)
removed
Administration termination liability—
(1)
removed
General rule— Termination liability costs for a covered program shall be provided only pursuant to this subsection.
(2)
removed
Prohibition on reserving funds— The Administrator may not reserve funds from amounts appropriated for a covered program, or require the reservation of funds by the prime contractor, for potential termination liability costs with respect to a covered program.
(3)
removed
Intent of congress— It is the intent of Congress that funds authorized to be appropriated for covered programs be applied in meeting established technical goals and schedule milestones.
(4)
removed
Application of prior reserved funds— Funds that have been reserved before the date of enactment of this Act for potential termination liability shall be promptly used to make maximum progress in meeting the established goals and milestones of the covered program.
(5)
removed
Notification— The Administrator shall notify the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate at least 120 days in advance of initiating termination for convenience or termination for cause of a prime contract on a covered program.
(6)
removed
Supplemental appropriation request—
(A)
removed
Request— If the Administrator initiates termination of a prime contract on a covered program pursuant to paragraph (5), and sufficient unobligated appropriations are not available to cover termination liability costs in the appropriations account that is funding the prime contract being terminated, the Administrator shall provide to Congress a notification that an authorization of appropriations is necessary not later than 120 days in advance of the proposed contract termination settlement for the covered program.
(B)
removed
Intent of congress— It is the intent of Congress to provide additional authorization for appropriations as may be necessary to pay termination liability costs on prime contracts for covered programs if Congress deems it appropriate that the Administration terminate such prime contracts. The Administration shall be responsible for applying these additional funds for payment of all allowable and reasonable negotiated termination liability costs if the Administration terminates a prime contract for a covered program. If the Administration terminates a prime contract for a covered program for the convenience of the Federal Government, then the Federal Government is responsible for payment of all allowable and reasonable negotiated termination liability costs on the prime contract.
(c)
removed
Reporting— Not later than 6 months after the date of enactment of this Act, and every 6 months thereafter for the duration of the prime contracts on covered programs, the Administrator shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that provides—
(1)
removed
the estimated termination liability costs for each of the prime contracts; and
(2)
removed
the basis for how such estimate was determined.
(d)
removed
Definitions— For purposes of this section:
(1)
removed
Covered program— The term “covered program” means the International Space Station, the Space Launch System, the Orion crew capsule, and the James Webb Space Telescope.
(2)
removed
Prime contract— The term “prime contract” means a contract entered directly between a person or entity and the Federal Government for the performance of all or the majority of the responsibilities for developing, integrating, fielding, operating, or sustaining a covered program.
(3)
removed
Prime contractor— The term “prime contractor” means a person or entity contracting directly with the Federal Government on a covered program.
(4)
removed
Termination liability costs— The term “termination liability costs” means any costs incurred by a prime contractor, or by any subcontractor of a prime contractor, for which the Federal Government is liable as a result of termination of a prime contract by the Administrator.