S. 3346 — what changed

In this Act:

There are authorized to be appropriated to NASA for fiscal year 2017, $19,508,000,000, as follows:

added It is the sense of Congress that—

added Congress makes the following findings:

added “501. Continuation of the International Space Station

added “(a) Policy of the United States—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 2024.

added “(b) NASA action—In furtherance of the policy set forth in subsection (a), NASA shall—

added “(1) pursue international, commercial, and intragovernmental means to maximize ISS logistics supply, maintenance, and operational capabilities, reduce risks to ISS systems sustainability, and offset and minimize United States operations costs relating to the ISS;

added “(2) utilize, to the extent practicable, the ISS for the development of capabilities and technologies needed for the future of human space exploration beyond low-Earth orbit; and

added “(3) utilize, if practical and cost effective, the ISS for Science Mission Directorate missions in low-Earth orbit.”

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

added “(1) In general—The Federal Government may not acquire human space flight transportation services from a foreign entity unless—

added “(A) no United States Government-operated human space flight capability is available;

added “(B) no United States commercial provider is available; and

added “(C) it is a qualified foreign entity.

added “(2) Definitions—In this subsection:

added “(A) Commercial provider—The term commercial provider means any person providing human space flight transportation services, primary control of which is held by persons other than the Federal Government, a State or local government, or a foreign government.

added “(B) Qualified foreign entity—The term qualified foreign entity means a foreign entity that is in compliance with all applicable safety standards and is not prohibited from providing space transportation services under other law.

added “(C) United States commercial provider—The term United States commercial provider means a commercial provider, organized under the laws of the United States or of a State, that is more than 50 percent owned by United States nationals.

added “(3) Arrangements with foreign entities—Nothing in this subsection shall prevent the Administrator from negotiating or entering into human space flight transportation arrangements with foreign entities to ensure safety of flight and continued ISS operations.”

“(c) ISS transition plan

changed “(1) In general—The Administrator, in coordination with the ISS management entity, entity (as defined in section 2 of the National Aeronautics and Space Administration Transition Authorization Act of 2016), ISS partners, the scientific user community, and the commercial space sector sector, shall develop a plan to transition in a step-wise approach from the current regime that relies heavily on NASA sponsorship to a regime where NASA is could be one of many customers of a low-Earth orbit commercial non-governmental human space flight enterprise.

changed “(2) Reports—Not later than 180 days after the date of enactment of the National Aeronautics and Space Administration Transition Authorization Act of 2016, December 1, 2017, and triennially biennially thereafter until 2023, the Administrator shall submit to the appropriate committees Committee on Commerce, Science, and Transportation of Congress the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report that includes—

changed “(A) an identification a description of low-Earth orbit capabilities necessary to meet the progress in achieving the Administration’s deep space human space flight exploration objectives on ISS and prospects for accomplishing future mission requirements beyond the period of operation and utilization of the ISS described in section 503 of the National Aeronautics requirements, space exploration objectives, and Space Administration Authorization Act other research objectives on future commercially supplied low-Earth orbit platforms or migration of 2010 (42 U.S.C. 18353), if any;those objectives to cis-lunar space;

“(B) steps NASA is taking and will take, including demonstrations that could be conducted on the ISS, to stimulate and facilitate commercial demand and supply of products and services in low-Earth orbit;

changed “(C) an assessment identification of current and projected commercial activities in barriers preventing the commercialization of low-Earth orbit, including on the ISS, issues relating to policy, regulations, commercial intellectual property, data, and their potential for meeting confidentiality, that could inhibit the capabilities identified in subparagraph (A);use of the ISS as a commercial incubator;

changed “(D) an identification of barriers preventing the commercialization of low-Earth orbit, including issues relating to policy, regulations, commercial intellectual property, data, and confidentiality that could inhibit the use of criteria for defining the ISS as a commercial incubator;research success;

changed “(E) an evaluation of the feasible and preferred service life of criteria used to determine whether the ISS beyond is meeting the period described in objective under section 503 301(b)(2) of the National Aeronautics and Space Administration Transition Authorization Act of 2010 (42 U.S.C. 18353), through at least 2028, as a unique scientific, commercial, and exploration-related facility, including—2016;

changed “(i) a general discussion “(F) an assessment of international partner capabilities and prospects for extending whether the partnership, to include criteria under subparagraphs (D) and (E) are consistent with the potential for participation by additional countries, for research areas defined in, and recommendations and schedules under, the purposes current National Academies of the human development Sciences, Engineering, and exploration of deep space;Medicine Decadal Survey on Biological and Physical Sciences in Space;

changed “(ii) a review of essential systems, equipment upgrades, or potential maintenance “(G) any necessary contributions that ISS extension would be necessary make to extend ISS operations enabling execution of the Human Exploration Roadmap under section 432 of the National Aeronautics and utilization;Space Administration Transition Authorization Act of 2016;

changed “(iii) an evaluation of “(H) the cost and schedule requirements associated with estimates for operating the development ISS to achieve the criteria required under subparagraphs (D) and delivery of essential systems, equipment upgrades, or potential maintenance (E) and the contributions identified under clause (ii);subparagraph (G);

changed “(iv) an identification “(I) the cost estimates for extending operations of possible international, academic, or industry partner contributions, cost-share, and program transitions to provide the upgrades identified under clause (ii);ISS to 2024, 2028, and 2030;

changed “(v) impacts on “(J) an evaluation of the goals feasible and objectives preferred service life of the ISS National Laboratory and beyond the management entity responsible for operation period described in section 503 of the ISS National Laboratory;Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18353), through at least 2028, as a unique scientific, commercial, and space exploration-related facility, including—

changed “(vi) impacts on services provided by the Commercial Resupply Services “(i) a general discussion of international partner capabilities and Commercial Crew Program to prospects for extending the ISS;partnership;

changed “(vii) impacts on the use of the ISS as a testbed to transition functions of the ISS to “(ii) the commercial space sector and enhance economic development of low-Earth orbit, including cost associated with extending the evolution of self-sustaining commercial activities;service life;

changed “(viii) “(iii) an assessment on the technical limiting factor factors of the ISS lifetime, service life of the ISS, including a list of critical components and their expected lifetime service life and availability;availability; and

changed “(ix) an evaluation of “(iv) such other information as may be necessary to fully describe the potential justification for expanding the use and feasibility of ISS facilities to accommodate extending the needs service life of researchers and other users, the ISS, including changes the potential scientific or technological benefits to policies, regulations, and laws that would stimulate greater private and public involvement on the ISS; andFederal Government, public, or to academic or commercial entities;

changed “(x) such other information as may be necessary to fully describe the justification for and feasibility “(K) an identification of extending the service life necessary actions and an estimate of the ISS, including the potential scientific or technological benefits costs to deorbit the Federal Government or public, or to academic or commercial entities;ISS once it has reached the end of its service life;

changed “(F) an evaluation of “(L) the functions, roles, and responsibilities for management and operation impact on deep space exploration capabilities, including a crewed mission to Mars in the 2030s, if the preferred service life of the ISS is extended beyond 2024 and NASA maintains a determination of—flat budget profile; and

added “(M) an evaluation of the functions, roles, and responsibilities for management and operation of the ISS and a determination of—

“(i) those functions, roles, and responsibilities the Federal Government should retain during the lifecycle of the ISS;

“(ii) those functions, roles, and responsibilities that could be transferred to the commercial space sector;

“(iii) the metrics that would indicate the commercial space sector's readiness and ability to assume the functions, roles, and responsibilities described in clause (ii); and

removed “(iv) any necessary changes to any agreements or other documents and the law to enable the activities described in subparagraphs (B) and (C); and

changed “(G) progress on meeting human exploration research objectives on ISS and prospects for accomplishing future exploration and other research objectives on future commercially supplied low-Earth orbit platforms “(iv) any necessary changes to any agreements or migration of those objectives other documents and the law to cis-lunar space.enable the activities described in subparagraphs (A) and (B).

changed “(3) Demonstrations—Demonstrations Demonstrations—If additional Government crew, power, and transportation resources are available after meeting the Administration's requirements for ISS activities defined in the Human Exploration Roadmap and related research, demonstrations identified under paragraph (2) may—

changed “(A) test the capabilities needed to meet future mission requirements, space exploration objectives, and other research objectives described in paragraph (2)(A); and

changed “(B) demonstrate or test capabilities, including commercial modules or deep space habitats, Environmental Control and Life Support Systems, orbital satellite assembly, exploration space suits, a node that enables a wide variety of activity, including multiple commercial modules and airlocks, additional docking or berthing ports for commercial crew and cargo, opportunities for the commercial space sector to cost share for transportation and other services on the ISS, and other commercial activities.”activities, or services obtained through alternate acquisition approaches.”

Section 202(a) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18312(a)) is amended to read as follows:

“(a) Long-term goals—The long-term goals of the human space flight and exploration efforts of NASA shall be—

changed “(1) to expand permanent human presence beyond low-Earth orbit and to do so, where practical, in a manner involving international, academic, and industry partners; andpartners;

changed “(2) crewed missions and progress toward achieving the peaceful settlement of a location goal in space or on another celestial body paragraph (1) to enable the potential for subsequent human exploration and a thriving space economy in the 21st century.”extension of human presence throughout the solar system; and

added “(3) to enable a capability to extend human presence, including potential human habitation on another celestial body and a thriving space economy in the 21st Century.”

Section 202(b) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18312(b)) is amended—

changed “(5) to achieve human exploration of Mars, including Mars and beyond through the establishment prioritization of those technologies and capabilities best suited for such a capability to extend human presence, including potential human habitation, on mission in accordance with the surface stepping stone approach to exploration under section 70504 of Mars.”title 51, United States Code.”

Section 20302 of title 51, United States Code, is amended—

“(b) Future exploration of Mars—The Administrator shall manage human space flight programs, including the Space Launch System and Orion, to enable humans to explore Mars and other destinations by defining a series of sustainable steps and conducting mission planning, research, and technology development on a timetable that is technically and fiscally possible, consistent with section 70504.”

added “(c) Definitions—In this section:

added “(1) Orion—The term Orion means the multipurpose crew vehicle described under section 303 of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18323).

added “(2) Space Launch System—The term Space Launch System means has the meaning given the term in section 3 of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18302).”

changed Section 70502(2) 70504 of title 51, United States Code, is amended to read as follows:

changed “(2) implement an exploration research and technology development program “70504. Stepping stone approach to enable human and robotic operations consistent with section 20302(b) of this title;”exploration

added “(a) In general—The Administration may conduct missions to intermediate destinations, including the surface of the Moon, cis-lunar space, near-Earth asteroids, Lagrangian points, and Martian moons, in a series of sustainable steps in accordance with section 20302(b) of title 51, United States Code, in order to achieve the objective of human exploration of Mars specified in section 202(b)(5) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18312(b)(5)).

added “(b) Cost-effectiveness—In order to maximize the cost-effectiveness of the long-term space exploration and utilization activities of the United States, the Administrator shall take all necessary steps, including engaging international, academic, and industry partners, to ensure that activities in the Administration's human space exploration program balance how those activities might also help meet the requirements of future exploration and utilization activities leading to human habitation on the surface of Mars.

added “(c) Completion—Within budgetary considerations, once an exploration-related project enters its development phase, the Administrator shall seek, to the maximum extent practicable, to complete that project without undue delays.

added “(d) International participation—In order to achieve the goal of successfully conducting a crewed mission to the surface of Mars, the President may invite the United States partners in the ISS program and other nations, as appropriate, to participate in an international initiative under the leadership of the United States.”

changed Section 70504 70502(2) of title 51, United States Code, is amended to read as follows:

changed “70504. Stepping stone approach “(2) implement an exploration research and technology development program to explorationenable human and robotic operations consistent with section 20302(b) of this title;”

removed “(a) In general—In order to maximize the cost-effectiveness of the long-term exploration and utilization activities of the United States, the Administrator shall take all necessary steps, including engaging international, academic, and industry partners to ensure that activities in the Administration's human exploration program balance how those activities might also help meet the requirements of future exploration and utilization activities leading to human habitation on the surface of Mars.

removed “(b) Completion—Within budgetary considerations, once an exploration-related project enters its development phase, the Administrator shall seek, to the maximum extent practicable, to complete that project without undue delays.”

added Congress makes the following findings:

removed Congress makes the following findings:

added Not later than 90 days after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a detailed plan for achieving an advanced space suit capability that aligns with the crew needs for exploration enabled by the Space Launch System and Orion, including an evaluation of the merit of delivering the planned suit system for use on the ISS.

changed This subtitle may be cited as the “Scott Kelly Human Spaceflight “To Research, Evaluate, Assess, and Exploration Treat Astronauts Act” or the “TREAT Astronauts Act”.

changed “20148. “20149. Medical monitoring and research relating to human space flight

changed “(a) In general—Notwithstanding any other provision of law, the Administrator may provide for the medical monitoring, diagnosis, and treatment of a United States government astronaut, or a former United States government astronaut or payload specialist for conditions that the Administrator considers associated with human space flight, including scientific and medical tests for psychological and medical conditions.for—

changed “(b) Exclusions—The “(1) the medical monitoring and diagnosis of a former United States government astronaut or a former payload specialist for conditions that the Administrator may not—considers potentially associated with human space flight; and

changed “(1) provide for medical monitoring, diagnosis, or “(2) the treatment of a United States government astronaut, or a former United States government astronaut or a former payload specialist under subsection (a) for any psychological or medical condition conditions that is not the Administrator considers associated with human space flight; orflight, including scientific and medical tests for psychological and medical conditions.

changed “(2) require a former United States government astronaut or payload specialist to participate in the monitoring authorized under subsection (a).“(b) Requirements

changed “(c) Privacy—Consistent with applicable provisions of law relating to privacy, the Administrator shall protect the privacy of all “(1) No cost sharing—The medical records generated under monitoring, diagnosis, or treatment described in subsection (a) and accessible to the Administration.shall be provided without any deductible, copayment, or other cost sharing obligation.

changed “(d) Regulations—The Administrator shall promulgate such regulations as are necessary “(2) Access to carry out this section.”local services—The medical monitoring, diagnosis, and treatment described in subsection (a) may be provided by a local health care provider if it is unadvisable due to the health of the applicable former United States government astronaut or former payload specialist for that former United States government astronaut or former payload specialist to travel to the Lyndon B. Johnson Space Center, as determined by the Administrator.

added “(3) Secondary payment—Payment or reimbursement for the medical monitoring, diagnosis, or treatment described in subsection (a) shall be secondary to any obligation of the United States Government or any third party under any other provision of law or contractual agreement to pay for or provide such medical monitoring, diagnosis, or treatment. Any costs for items and services that may be provided by the Administrator for medical monitoring, diagnosis, or treatment under subsection (a) that are not paid for or provided under such other provision of law or contractual agreement, due to the application of deductibles, copayments, coinsurance, other cost sharing, or otherwise, are reimbursable by the Administrator on behalf of the former United States government astronaut or former payload specialist involved to the extent such items or services are authorized to be provided by the Administrator for such medical monitoring, diagnosis, or treatment under subsection (a).

added “(4) Conditional payment—The Administrator may provide for conditional payments for or provide medical monitoring, diagnosis, or treatment described in subsection (a) that is obligated to be paid for or provided by the United States or any third party under any other provision of law or contractual agreement to pay for or provide such medical monitoring, diagnosis, or treatment if—

added “(A) payment for (or the provision of) such medical monitoring, diagnosis, or treatment services has not been made (or provided) or cannot reasonably be expected to be made (or provided) promptly by the United States or such third party, respectively; and

added “(B) such payment (or such provision of services) by the Administrator is conditioned on reimbursement by the United States or such third party, respectively, for such medical monitoring, diagnosis, or treatment.

added “(c) Exclusions—The Administrator may not—

added “(1) provide for medical monitoring or diagnosis of a former United States government astronaut or former payload specialist under subsection (a) for any psychological or medical condition that is not potentially associated with human space flight;

added “(2) provide for treatment of a former United States government astronaut or former payload specialist under subsection (a) for any psychological or medical condition that is not associated with human space flight; or

added “(3) require a former United States government astronaut or former payload specialist to participate in the medical monitoring, diagnosis, or treatment authorized under subsection (a).

added “(d) Privacy—Consistent with applicable provisions of Federal law relating to privacy, the Administrator shall protect the privacy of all medical records generated under subsection (a) and accessible to the Administration.

added “(e) Regulations—The Administrator shall promulgate such regulations as are necessary to carry out this section.

added “(f) Definition of United States government astronaut—In this section, the term United States government astronaut has the meaning given the term government astronaut in section 50902, except it does not include an individual who is an international partner astronaut.

added “(g) Data use and disclosure—The Administrator may use or disclose data acquired in the course of medical monitoring, diagnosis, or treatment of a former United States government astronaut or a former payload specialist under subsection (a), in accordance with subsection (d). Former United States government astronaut or former payload specialist participation in medical monitoring, diagnosis, or treatment under subsection (a) shall constitute consent for the Administrator to use or disclose such data.”

removed “803. Overall science portfolio

removed “Congress restates its sense that—

removed “(1) a balanced and adequately funded set of activities, consisting of research and analysis grants programs, technology development, suborbital research activities, and small, medium, and large space missions, contributes to a robust and productive science program and serves as a catalyst for innovation and discovery; and

removed “(2) the Administrator should set science priorities by following the guidance provided by the scientific community through the National Academy of Sciences’ decadal surveys.”

added It is the sense of Congress that—

removed It is the sense of Congress that—