Sec. 201
Space exploration policy
(a)
changed
Policy— Human exploration deeper into the solar system Solar System shall be a core mission of the Administration. It is the policy of the United States that the goal of the Administration’s exploration program shall be to successfully conduct a crewed mission to the surface of Mars to begin human exploration of that planet. The use of the surface of the Moon, cis-lunar space, near-Earth asteroids, Lagrangian points, and Martian moons may be pursued provided they are properly incorporated into the Human Exploration Roadmap described in section 70504 of title 51, United States Code.
(b)
Vision for space exploration— Section 20302 of title 51, United States Code, is amended by adding at the end the following:
“(c) Definitions—In this section:
“(1) Orion crew capsule—The term “Orion crew capsule” means the multipurpose crew vehicle described in section 303 of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18323).
“(2) Space launch system—The term “Space Launch System” means 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).”
(c)
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 Human Exploration Roadmap under section 70504 of title 51, United States Code.”
(d)
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 or public-private partnership provider that the Administrator has determined to meet safety and affordability requirements established by NASA for the transport of its astronauts 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.”
(e)
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. 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)
the acquisition 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, and the criteria the Administration will apply if less than full and open competition 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)
changed
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 seven required activities listed in section 504(c) of such Act (42 U.S.C. 18354(c)).
Sec. 215
Commercial crew program
(a)
Sense of congress— It is the sense of Congress that once developed and certified to meet the Administration’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 International Space Station and serving as International Space Station emergency crew rescue vehicles. At the same time, the budgetary assumptions used by the Administration in its planning for the Commercial Crew Program have consistently assumed significantly higher funding levels than have 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. Such credibility in budgetary estimates is an important factor in understanding program risk.
(b)
Objective— The objective of the Administration’s Commercial Crew Program shall be to assist the development of at least one crew transportation system to carry Administration astronauts safely, reliably, and affordably to and from the International Space Station and to serve as an emergency crew rescue vehicle as soon as practicable within the funding levels authorized. The Administration shall not use any considerations beyond this objective in the overall acquisition strategy.
(c)
Safety— Consistent with the findings and recommendations of the Columbia Accident Investigation Board, the Administration shall ensure that safety and the minimization of the probability of loss of crew are the highest priorities of the commercial crew transportation program.
(d)
Cost minimization— The Administrator shall strive through the competitive selection process to minimize the life cycle cost to the Administration through the planned period of commercially provided crew transportation services.
(e)
Transparency— Transparency is the cornerstone of ensuring a safe and reliable commercial crew transportation service to the International Space Station. The Administrator shall, to the greatest extent practicable, ensure that every commercial crew transportation services provider has provided evidence-based support for their costs and schedule.
(f)
Independent cost and schedule estimate—
(1)
Requirement— Not later than 30 days after the Federal Acquisition Regulation-based contract for the Commercial Crew Transportation Capability Contract is awarded, the Administrator shall arrange for the initiation of an Independent Cost and Schedule Estimate for—
(A)
all activities associated with the development, test, demonstration, and certification of commercial crew transportation systems;
(B)
transportation and rescue services required by the Administration for International Space Station operations through calendar year 2020 or later if Administration requirements so dictate; and
(C)
the estimated date of operational readiness for the program each assumption listed in paragraph (2) of this subsection.
(2)
Assumptions— The Independent Cost and Schedule Estimate shall provide an estimate for each of the following scenarios:
(A)
An appropriation of $600,000,000 over the next 3 fiscal years.
(B)
An appropriation of $700,000,000 over the next 3 fiscal years.
(C)
An appropriation of $800,000,000 over the next 3 fiscal years.
(D)
The funding level assumptions over the next 3 fiscal years that are included as part of commercial crew transportation capability contract awards.
(3)
Transmittal— Not later than 180 days after initiation of the Independent Cost and Schedule Estimate under paragraph (1), the Administrator shall transmit the results of the Independent Cost and Schedule 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.
(g)
Implementation strategies—
(1)
changed
Report— Not later than 60 days after the completion of the Independent Cost and Schedule Estimate under subsection (f), 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 4 four distinct implementation strategies based on such Independent Cost and Schedule Estimate for the final stages of the commercial crew program.
(2)
Requirements— These options shall include—
(A)
a strategy that assumes an appropriation of $600,000,000 over the next 3 fiscal years;
(B)
a strategy that assumes an appropriation of $700,000,000 over the next 3 fiscal years;
(C)
a strategy that assumes an appropriation of $800,000,000 over the next 3 fiscal years; and
(D)
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.
(3)
Inclusions— Each strategy shall include the contracting instruments the Administration will employ to acquire the services in each phase of development or acquisition and the number of commercial providers the Administration will include in the program.
Sec. 322
Near-Earth objects
(a)
Findings— Congress makes the following findings:
(1)
changed
Near-Earth objects pose a serious and credible threat to humankind, as many scientists believe that a major asteroid or comet was responsible for the mass extinction of the majority of the Earth’s species, including the dinosaurs, approximately 65,000,000 65 million years ago.
(2)
Similar objects have struck the Earth or passed through the Earth’s atmosphere several times in the Earth’s history and pose a similar threat in the future.
(3)
Several such near-Earth objects have only been discovered within days of the objects’ closest approach to Earth, and recent discoveries of such large objects indicate that many large near-Earth objects remain to be discovered.
(4)
The efforts undertaken by the Administration for detecting and characterizing the hazards of near-Earth objects should continue to seek to fully determine the threat posed by such objects to cause widespread destruction and loss of life.
(b)
Definition— For purposes of this section, the term “near-Earth object” means an asteroid or comet with a perihelion distance of less than 1.3 Astronomical Units from the Sun.
(c)
Near-Earth object survey— The Administrator shall continue to detect, track, catalogue, and characterize the physical characteristics of near-Earth objects equal to or greater than 140 meters in diameter in order to assess the threat of such near-Earth objects to the Earth, pursuant to the George E. Brown, Jr. Near-Earth Object Survey Act (42 U.S.C. 16691). It shall be the goal of the Survey program to achieve 90 percent completion of its near-Earth object catalogue (based on statistically predicted populations of near-Earth objects) by 2020.
(d)
Warning and mitigation of potential hazards of near-Earth objects— Congress reaffirms the policy set forth in section 20102(g) of title 51, United States Code (relating to detecting, tracking, cataloguing, and characterizing asteroids and comets).
(e)
Program report— The Director of the Office of Science and Technology Policy and 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, not later than 1 year after the date of enactment of this Act, an initial report that provides—
(1)
recommendations for carrying out the Survey program and an associated proposed budget;
(2)
analysis of possible options that the Administration could employ to divert an object on a likely collision course with Earth; and
(3)
a description of the status of efforts to coordinate and cooperate with other countries to discover hazardous asteroids and comets, plan a mitigation strategy, and implement that strategy in the event of the discovery of an object on a likely collision course with Earth.
(f)
Annual reports— Subsequent to the initial report the Administrator shall annually 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)
a summary of all activities carried out pursuant to subsection (c) since the date of enactment of this Act, including the progress toward achieving 90 percent completion of the survey described in subsection (c); and
(2)
a summary of expenditures for all activities carried out pursuant to subsection (c) since the date of enactment of this Act.
(g)
Study— The Administrator, in collaboration with other relevant Federal agencies, shall carry out a technical and scientific assessment of the capabilities and resources to—
(1)
accelerate the survey described in subsection (c); and
(2)
expand the Administration’s Near-Earth Object Program to include the detection, tracking, cataloguing, and characterization of potentially hazardous near-Earth objects less than 140 meters in diameter.
(h)
Transmittal— Not later than 270 days after the date of enactment of this Act, the Administrator shall transmit the results of the assessment carried out under subsection (g) 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)
changed
Sense of congress— It is the sense of Congress that realistic cost estimating is critically important to the ultimate success of major space development projects. The Administration has devoted significant efforts over the past five 5 years to improving its cost estimating capabilities, but it is important that the Administration continue its efforts to develop and implement guidance in establishing realistic cost estimates.
(b)
changed
Guidance and criteria— The Administrator shall provide to programs and projects projects, and in a manner consistent with the Administration’s Space Flight Program and Project Management Requirements—
(1)
guidance on when an Independent Cost Estimate and Independent Cost Assessment should be used; and
(2)
the criteria to be used to make such a determination.
(c)
Report— Not later than 270 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—
(1)
describing efforts to enhance internal cost estimation and assessment expertise;
(2)
describing the mechanisms the Administration is using and will continue to use to ensure that adequate resources are dedicated to cost estimation;
(3)
listing the steps the Administration is undertaking to advance consistent implementation of the joint cost and schedule process;
(4)
identifying criteria used by programs and projects in determining when to conduct an Independent Cost Estimate and Independent Cost Assessment; and
(A)
the costs of each individual Independent Cost Estimate or Independent Cost Assessment activity conducted in fiscal year 2012, fiscal year 2013, and fiscal year 2014;
(B)
the purpose of the activity;
(C)
identification of the primary Administration unit or outside body that conducted the activity; and
(D)
key findings and recommendations.
(d)
Updated report— Subsequent to submission of the report under subsection (c), for each subsequent year, the Administrator shall provide an update of listed elements in conjunction with subsequent congressional budget justifications.
Sec. 710
Facilities and infrastructure
(a)
Sense of congress— It is the sense of Congress that—
(1)
the Administration must reverse the deteriorating condition of its facilities and infrastructure, as this condition is hampering the effectiveness and efficiency of research performed by both the Administration and industry participants making use of Administration facilities, thus reducing the competitiveness of the United States aerospace industry;
(2)
the Administration has a role in providing laboratory capabilities to industry participants that are economically viable as commercial entities and thus are not available elsewhere;
(3)
to ensure continued access to reliable and efficient world-class facilities by researchers, the Administration should seek to establish strategic partnerships with other Federal agencies, academic institutions, and industry, as appropriate; and
(4)
decisions on whether to dispose of, maintain, or modernize existing facilities must be made in the context of meeting future Administration and other Federal agencies’ laboratory needs, including those required to meet the activities supporting the Human Exploration Roadmap required by section 70504 of title 51, United States Code.
(b)
Policy— It is the policy of the United States that the Administration maintain reliable and efficient facilities and that decisions on whether to dispose of, maintain, or modernize existing facilities be made in the context of meeting future Administration needs.
(c)
Plan— The Administrator shall develop a plan that has the goal of positioning the Administration to have the facilities, laboratories, tools, and approaches necessary to address future Administration requirements. Such plan shall identify—
(1)
future Administration research and development and testing needs;
(2)
a strategy for identifying facilities that are candidates for disposal, that is consistent with the national strategic direction set forth in—
(A)
the National Space Policy;
(B)
the National Aeronautics Research, Development, Test, and Evaluation Infrastructure Plan;
(C)
National Aeronautics and Space Administration Authorization Acts; and
(D)
the Human Exploration Roadmap specified in section 70504 of title 51, United States Code;
(3)
a strategy for the maintenance, repair, upgrading, and modernization of the Administration’s laboratories, facilities, and equipment;
(4)
criteria for prioritizing deferred maintenance tasks and also for upgrading or modernizing laboratories, facilities, and equipment and implementing processes, plans, and policies for guiding the Administration’s Centers on whether to maintain, repair, upgrade, or modernize a facility and for determining the type of instrument to be used;
(5)
an assessment of modifications needed to maximize usage of facilities that offer unique and highly specialized benefits to the aerospace industry and the American public; and
(6)
implementation steps, including a timeline, milestones, and an estimate of resources required for carrying out the plan.
(d)
Policy— Not later than 180 days after the date of enactment of this Act, the Administrator shall establish and make publically available a policy that guides the Administration’s use of existing authorities to out-grant, lease, excess to the General Services Administration, sell, decommission, demolish, or otherwise transfer property, facilities, or infrastructure. This policy shall establish criteria for the use of authorities, best practices, standardized procedures, and guidelines for how to appropriately manage property, infrastructure, and facilities.
(e)
changed
Transmittal— Not later than one 1 year after the date of enactment of this Act, the Administrator shall transmit the plan developed under subsection (c) to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.
(f)
Establishment of capital fund— The Administrator shall establish a capital fund for the modernization of facilities and laboratories. The Administrator shall ensure to the maximum extent practicable that all financial savings achieved by closing outdated or surplus facilities at an Administration Center shall be made available to that Center for the purpose of modernizing the Center’s facilities and laboratories and for upgrading the infrastructure at the Center.
(g)
Report on capital fund— Expenditures and other activities of the fund established under subsection (f) shall require review and approval by the Administrator and the status, including the amounts held in the capital fund, shall be reported to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate in conjunction with the Administration’s annual budget request justification for each fiscal year.
Sec. 724
Prohibition on use of funds for contractors that have committed fraud or other crimes
None of the funds authorized to be appropriated or otherwise made available for fiscal year 2015 or any fiscal year thereafter for the Administration may be used to enter into a contract with any offeror or any of its principals if the offeror certifies, pursuant to the Federal Acquisition Regulation, that the offeror or any of its principals—
(1)
changed
within a three-year 3-year period preceding the offer has been convicted of or had a civil judgment rendered against it for—
(A)
commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract;
(B)
violation of Federal or State antitrust statutes relating to the submission of offers; or
(C)
commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property;
(2)
are presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (1); or
(3)
changed
within a three-year 3-year period preceding the offer, has been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.