US Codex
Bill
Notes

Title II — Human space flight exploration and operations

S. 1317 · 113th Congress · Jul 17, 2013 · Lineage

II Human space flight exploration and operations

A Exploration

Sec. 201 Missions and destinations

(a)
In general— Congress reaffirms that the long-term goal of the human space flight and exploration efforts of NASA shall be to expand permanent human presence beyond low-Earth orbit and to do so, where practical, in a manner involving international partners, as stated in section 202(a) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18312(a)).
(b)
Human exploration of Mars— Section 202(b) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18312(b)) is amended—
(1)
by striking “and” at the end of paragraph (3);
(2)
by striking the period at the end of paragraph (4) and inserting “; and”; and
(3)
by adding at the end the following:

“(5) to achieve human exploration of Mars, including the establishment of a capability for human habitation on the surface of Mars.”

(c)
Development of exploration strategy—
(1)
In general— Not later than 270 days after the date of enactment of this Act, and biennially thereafter, the Administrator shall submit to the appropriate committees of Congress a strategy to achieve the objective under section 202(b)(5) of the National Aeronautics and Space Administration Authorization Act of 2010, as amended (42 U.S.C. 18312(b)(5)) through a series of successive, free-standing, but complementary missions making robust utilization of cis-lunar space and employing the Space Launch System, Orion, and other capabilities provided under titles III, IV, V, and IX of that Act (42 U.S.C. 18301 et seq.).
(2)
Strategy requirements— In developing the strategy under paragraph (1), the Administrator shall include—
(A)
the utility of an expanded human presence in cis-lunar space toward enabling missions to various lunar orbits, the lunar surface, asteroids, the Mars system, and other destinations of interest for future human exploration and development;
(B)
the utility of an expanded human presence in cis-lunar space for economic, scientific, and technological advances;
(C)
the opportunities for collaboration with—
(i)
international partners;
(ii)
private industry; and
(iii)
other Federal agencies, including missions relevant to national security or scientific needs;
(D)
the opportunities specifically afforded by the ISS to support high priority scientific and technological developments useful in expanding and sustaining a human presence in cis-lunar space and beyond;
(E)
a range of exploration mission architectures and approaches for the missions identified under paragraph (1); and
(F)
standards for ensuring crew health and safety, including limits regarding radiation exposure and countermeasures necessary to meet those limits, means and methods for addressing urgent medical conditions or injuries, and other such safety, health, and medical issues that can be anticipated in the conduct of the missions identified under paragraph (1).
(3)
Comparison of mission architectures and approaches—
(A)
In general— The strategy shall include a comparison of mission architectures and approaches identified under paragraph (2)(E) with a primary objective of identifying the architectures and approaches that—
(i)
best support the long-term goal under section 202(a) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18312(a)); and
(ii)
are enabled by the Space Launch System, Orion, and other transportation capabilities and technologies provided under titles III, IV, V, and IX of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18301 et seq.) and by other capabilities that may be available commercially or internationally.
(B)
Factors— The comparison of mission architectures and approaches under subparagraph (A) shall include options that assess cost, schedule, safety, sustainability, opportunities for international collaboration, the enabling of new markets and opportunities for U.S. private industry, compelling scientific opportunities or national security considerations and requirements, the flexibility of the architecture to adjust to evolving technologies, leadership, and priorities, and contributions made to U.S. technological excellence, competitiveness, and leadership.
(C)
National security collaboration— In identifying opportunities for collaboration under paragraph (2)(C)(iii), the Administrator, in collaboration with the Secretary of Defense and Director of National Intelligence, shall include a discussion of the work, cost, and schedule required to enable and utilize a cargo variant of the Space Launch System, including the 70-, 105-, and 130-metric ton configurations, with both a 5-meter or 8-meter faring.
(4)
Additional requirements— The strategy shall include—
(A)
technical information as needed to identify interest from the scientific and national security communities; and
(B)
an assessment of the Space Launch System to enable and sustain near-Earth object surveillance of potentially Earth-threatening objects for the purpose of planetary protection.

Sec. 202 NASA processing and launch infrastructure

(a)
Policy— It is the policy of the United States that the Exploration Ground Systems to process and launch the Space Launch System, Orion, and related exploration elements, and the 21st Century Space Launch Complex to enable and facilitate civil, defense, and private launches are complementary efforts to modernize infrastructure, reduce costs, and maintain capabilities for current and future missions.
(b)
Development of the processing and launch support infrastructure— In executing the programs described under subsection (a), the Administrator, to the extent practicable—
(1)
may not exclude the ability of Exploration Ground Systems to support efforts under section 305(b) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18325(b));
(2)
shall allow for cost-sharing opportunities by providing multi-use systems and capabilities to current and future users of the 21st Century Space Launch Complex through modernization, refurbishment, or development of infrastructure; and
(3)
shall pursue, in collaboration with local, State, or Federal agencies, or private industry, capabilities and investments that support multiple entities to advance NASA's current and future missions and benefit NASA by creating new partnerships.

Sec. 203 Naming of the space launch system

(a)
Findings— Congress finds that education and outreach to encourage the next generation of scientists and engineers to become involved in science and space exploration is one of the Administration's most important missions.
(b)
Report— Not later than 30 days after the date of enactment of this Act, the Administration shall submit to the appropriate committees of Congress a plan to engage the public, including science students in elementary and secondary education programs, throughout the United States in naming the Space Launch System.

Sec. 204 Report; space suit system

Not later than 90 days after the date of enactment of this Act, the Administration shall submit to the appropriate committees of Congress a report updating Congress on the Constellation Space Suit System. The report shall include justification as to whether another competition to award contracts for the design, development, certification, production, and sustaining engineering of this space suit system is required to meet the needs of NASA's human exploration program.

B Maximizing ISS utilization

Sec. 221 Operation and utilization of the ISS

(a)
Sense of Congress— It is the sense of Congress that—
(1)
maximum utilization of partnerships, scientific research, commercial applications, and exploration test bed capabilities of the ISS is essential to ensuring the greatest return on investments made by the United States and its international partners in the development, assembly, and operations of that unique facility; and
(2)
every effort should be made to ensure that decisions regarding the service life of the ISS are made on the basis of its projected capability to continue providing effective and productive research and exploration test bed capabilities.
(b)
Continuation of the international space station— Congress reaffirms the policy stated in section 501(a) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18351(a)) that it shall be the policy of the United States, in consultation with its international partners in the ISS program, to support full and complete utilization of the ISS through at least 2020.
(c)
NASA actions— In furtherance of the policy under subsection (b), the Administrator shall ensure, to the extent practicable, that the ISS, as a designated national laboratory—
(1)
remains viable as an element of overall exploration and partnership strategies and approaches; and
(2)
remains an effective, functional vehicle providing research and test bed capabilities for the United States through 2020, up to 2028, and possibly beyond.
(d)
Report— The Administrator, in consultation with the Office of Science and Technology Policy, shall determine, through analyses and discussions with ISS partners, the feasible and preferred service life of the ISS as a unique scientific, commercial, and exploration-related facility. Not later than 120 days after the date of enactment of this Act, and triennially thereafter, the Administrator shall submit to the appropriate committees of Congress a report that, at a minimum, includes—
(1)
an assessment of whether ISS operations can be extended to at least 2028, including—
(A)
a description of any activities that would be required of the international partnership to ensure that safety requirements are met;
(B)
a general discussion of international partner capabilities and interest in extension, to include the potential for participation by additional countries;
(C)
a review of essential systems or equipment upgrades that would be necessary for ISS extension and utilization to at least 2028;
(D)
an evaluation of the cost and schedule requirements associated with the development and delivery of essential systems or equipment upgrades identified under subparagraph (C); and
(E)
an identification of possible partner contributions and program transitions to provide the upgrades identified under subparagraph (C);
(2)
an evaluation of the potential for expanding the use of ISS facilities to accommodate the needs of researchers and other users, including changes to policies, regulations, and laws that would stimulate greater private and public involvement on the ISS; and
(3)
such other information as may be necessary to fully describe the justification for and feasibility of extending the service life of the ISS, including the potential scientific or technological benefits to the Federal Government or public, or to academic or commercial entities that, within the United States-owned modules of the ISS or in partner-owned facilities of the ISS allocated for United States utilization by international agreement, are or may become engaged in research and testing activities sponsored, conducted, and managed by the Administration or by the ISS management entity.
(e)
Definition of ISS management entity— In this section, the term ISS management entity means the organization with which the Administrator enters into a cooperative agreement under section 504(a) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18354(a)).

Sec. 222 Research roles and responsibilities

(a)
Sense of Congress— It is the sense of Congress that—
(1)
expansion of the non-NASA utilization of the ISS is critical to maximizing the research potential of the ISS national laboratory and to facilitating expanded commercial activity in low-Earth orbit; and
(2)
in order to expand the non-NASA scientific utilization of ISS research capabilities and facilities, it is essential to clarify the roles and responsibilities of the entities managing research within the U.S. Segment of the ISS.
(b)
Management of the ISS national laboratory— Section 504 of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18354) is amended—
(1)
in subsection (b), by adding at the end the following:

“(3) Conflicts of interest—The Administrator shall ensure that the liaison function under this subsection is implemented in a manner that precludes any conflict of interest between the objectives and activities of the entities identified under subsection (e).”

(2)
in subsection (d)(2)—
(A)
by inserting “(A) In general.—” before “If any NASA research plan” and adjusting the text accordingly;
(B)
by inserting “and subject to subparagraph (B)” after “Until September 30, 2020” in subparagraph (A), as redesignated; and
(C)
by adding at the end the following:

“(B) Mutual agreement—An exception under subparagraph (A) may only be granted if there is mutual agreement between the entities identified under subsection (e).”

(3)
by adding at the end the following:

“(e) Clarification of roles—The organization with which the Administrator enters into a cooperative agreement under subsection (a) for management of the ISS national laboratory shall be considered a separate and equal partner of any NASA organizational entity responsible for management of the NASA research plan onboard the ISS.”

(c)
Report—
(1)
In general— Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report on the following:
(A)
Options for expanding the Administration’s collaboration with its ISS partners, including—
(i)
providing U.S. personnel expanded access to international partner research facilities; and
(ii)
coordinating research efforts to minimize the duplication of effort, unless duplication is a justified element of the scientific process or essential for backup or redundant capability.
(B)
The potential for increasing ISS crew size to maximize utilization and applications.
(C)
Efforts undertaken by the Administration and the ISS management entity—
(i)
to enhance collaborative research between the Administration and other Federal science agencies, such as the National Institutes of Health and the National Science Foundation; and
(ii)
to expand the use of the ISS national laboratory capabilities by Federal science agencies.
(2)
Definition of ISS management entity— In this subsection, the term ISS management entity means the organization with which the Administrator enters into a cooperative agreement under section 504(a) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18354(a)).

Sec. 223 ISS national laboratory; property rights in inventions

Section 20135 of title 51, United States Code, is amended—
(1)
in subsection (g), by striking “Each such waiver” and inserting “Except as provided under subsection (l), each such waiver”; and
(2)
by adding at the end the following:

“(l) Waiver of rights to inventions; commercial microgravity research

“(1) In general—With respect to any invention or class of inventions made or which may be made by any person or class of persons in the performance of any non-NASA scientific utilization of the ISS national laboratory, the Administrator may waive the license reserved by the Administrator under subsection (g), in whole or in part and according to negotiated terms and conditions, including the terms and conditions under paragraphs (1), (2), (3), and (5) of section 202(c) of title 35, if the Administrator finds that the reservation of the license by the Administrator would substantially inhibit the commercialization of an invention.

“(2) Construction—Nothing in this subsection shall be construed to affect the rights of the Federal Government under any other procurement contract, grant, understanding, arrangement, agreement, or transaction.”

Sec. 224 Commercial cargo and crew capabilities

(a)
Findings— Congress finds that—
(1)
NASA’s Commercial Orbital Transportation Services, Cargo Resupply Services, and Commercial Crew Program demonstrate the potential for procuring routine, commercially provided access to the ISS and to low-Earth orbit using innovative and cost-effective development and procurement strategies;
(2)
Federal investments in the U.S. private space industry have the ability to provide for lower cost access to space for researchers and for commercial ventures;
(3)
commercially provided space transportation is critical to maximizing utilization of the ISS;
(4)
encouraging competition among launch service providers and maintaining multiple space transportation options helps to reduce long-term costs to the Federal Government and to induce continual improvement in available private-sector services; and
(5)
consistent with section 201(b) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18311(b)), maintaining multiple launch service providers helps ensure uninterrupted access to the space environment should a particular provider’s services become unavailable.
(b)
Sense of Congress— It is the sense of Congress that the Administration—
(1)
should continue to support the development of safe, reliable, and cost effective commercial launch capabilities for the primary purpose of securing domestic access to the ISS as quickly and safely as possible; and
(2)
should encourage a viable commercial market for the capabilities under paragraph (1).
(c)
United States policy— It is the policy of the United States that, to foster the competitive development, operation, and improvement of private space transportation services, services for Federal Government access to and return from the ISS, whenever feasible, shall be procured via fair and open competition for well-defined, milestone-based, Federal Acquisition Regulation-based contracts under section 201(a) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18311(a)).
(d)
Selection of commercial providers— In evaluating commercial space transportation service providers, the Administrator—
(1)
shall aim to minimize the life-cycle costs of obtaining transportation services;
(2)
shall assure compliance with all safety and mission assurance requirements;
(3)
shall consider contractor financial investment into the development of transportation capabilities; and
(4)
for commercial crew transport services—
(A)
shall consider flexibility in design, including sample return capabilities; and
(B)
shall provide a written notification and justification to the appropriate committees of Congress if the price per seat exceeds the cost negotiated by NASA for crew transport in April 2013.
(5)
Strategy for procuring commercial services— In implementing the policy under subsection (c), the Administrator shall submit to the appropriate committees of Congress, not later than 120 days after the date of enactment of this Act, a strategy for transitioning from Space Act Agreements to Federal Acquisition Regulation-based contracts for the procurement of crew transportation services to and from the ISS. The strategy shall include—
(A)
a comparison of potential procurement strategies based on—
(i)
maximizing safety and mission assurance;
(ii)
the total projected costs to the Federal Government through 2020, given multiple projections of Government demand for launch services;
(iii)
the feasibility of the procurement strategy and timeline, given projected funding availabilities;
(iv)
the potential for supporting the research and exploration test bed needs of the Federal Government and of the independent entity responsible for ISS national laboratory activities for the purposes described under section 504(d) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18354(d)); and
(v)
the projected impacts on developing a viable market for commercial launch services;
(B)
an evaluation of the costs and benefits of ensuring the availability of at least 2 U.S.-based launch service providers, considering—
(i)
the potential need for diversified cargo and sample return capabilities, including a soft-landing capability as described under section 404 of the National Aeronautics and Space Administration Authorization Act of 2010 (124 Stat. 2822); and
(ii)
the ability of multiple cargo or crew launch service providers to meet private or non-NASA Government mission requirements and the subsequent benefit to the United States of such ability;
(C)
justification for the procurement strategy selected from among those considered; and
(D)
for the selected procurement strategy, identification of additional or modified authorities, regulations, or guidelines that are necessary for successful implementation.

C Other matters

Sec. 231 Safety and mission assurance in human space flight

(a)
Findings— Congress makes the following findings:
(1)
In the early part of the space race, the United States took over 3 years from the launch of the first American satellite, Explorer I, to the launch of the first American to space, Alan B. Shepard, Jr.
(2)
It was known then, as it is now, that the exploration of space by humans is an inherently dangerous endeavor.
(3)
Access to space requires complex propulsion systems, such as the now retired Space Shuttle, which generated over 7,000,000 pounds of thrust.
(4)
Adding humans to the complex systems required to reach space requires additional safeguards, life support systems, and other measures to protect from the harsh environment of space in order to minimize risk to human life.
(b)
Sense of Congress— It is the sense of Congress that—
(1)
meticulousness and attention to detail helps ensure that all humans are safe and protected to the best of the abilities of all those involved in helping achieve the reaches of space;
(2)
those who strive to send humans into space should make every effort to ensure the success of missions and programs through independent safety and mission assurance analyses;
(3)
diligent oversight efforts ensure adherence to safety, reliability, and quality assurance policies and procedures for missions and programs; and
(4)
lessons learned from mishaps and near misses should be implemented into designs, decisions, policy, and procedures to reduce the risk of future incidents that could jeopardize crew safety or mission success.

Sec. 232 Launch liability provisions

(a)
Liability extension— Section 50915(f) of title 51, United States Code, is amended by striking “December 31, 2013” and inserting “December 31, 2016”.
(b)
Protection for launch activities— Subchapter III of chapter 201 of title 51, United States Code is amended by inserting after section 20147 the following:

“20148. Indemnification; NASA launch services

“(a) In general—Under such regulations in conformity with this section as the Administrator shall prescribe taking into account the availability, cost, and terms of liability insurance, any contract between the Administration and a provider may provide that the United States will indemnify a provider against claims (including reasonable expenses of litigation or settlement) by third parties for death, bodily injury, or loss of or damage to property resulting from activities that the contract defines as unusually hazardous or nuclear in nature, but—

“(1) only to the extent that such claims are not compensated by liability insurance of the provider; and

“(2) only to the extent that such claims arise out of the direct performance of the contract.

“(b) Limitation—Indemnification under subsection (a) may be limited to claims resulting from other than the actual negligence or willful misconduct of the provider.

“(c) Terms of indemnification—A contract made under subsection (a) that provides indemnification shall also provide for—

“(1) notice to the United States of any claim or suit against the provider for death, bodily injury, or loss of or damage to property; and

“(2) control of or assistance in the defense by the United States, at its election, of that suit or claim.

“(d) Liability insurance of the provider—Each provider that is a party to a contract made under subsection (a) shall have and maintain liability insurance in such amounts as the Administrator shall require to cover liability to third parties and loss of or damage to property.

“(e) No indemnification without cross-Waiver—Notwithstanding subsection (a), the Administrator may not indemnify a provider under this section unless there is a cross-waiver between the Administration and the provider as described in subsection (f).

“(f) Cross-Waivers—The Administrator, on behalf of the United States, and its departments, agencies, and instrumentalities, may reciprocally waive claims with a provider under which each party to the waiver agrees to be responsible, and agrees to ensure that its own related entities are responsible, for damage or loss to its property for which it is responsible, or for losses resulting from any injury or death sustained by its own employees or agents, as a result of activities connected to the contract.

“(g) Certification of just and reasonable amount—No payment may be made under subsection (a) unless the Administrator or the Administrator's designee certifies that the amount is just and reasonable.

“(h) Payments—Upon the approval by the Administrator, payments under subsection (a) may be made, at the Administrator's election, either from—

“(1) funds obligated for the performance of the agreement concerned;

“(2) funds available for research and development not otherwise obligated; or

“(3) funds appropriated for such payments.

“(i) Relationship to other laws—The Administrator may not provide indemnification under this section for an activity that requires a license or permit under chapter 509.

“(j) Construction—The authority to indemnify under this section shall not create any rights in third persons that would not otherwise exist by law.

“(k) Definitions—In this section:

“(1) Launch services—The term launch services has the meaning given the term in section 50902.

“(2) Provider—The term provider means a person that provides domestic launch services in support of any space activity the Government carries out for the Government.”

(c)
Conforming amendment— The table of contents for subchapter III of chapter 201 of title 51, United States Code, is amended by inserting after the item relating to section 20147 the following: