S. 2800 — what changed

changed There are authorized to be appropriated to the Administration for fiscal year 2020 $22,750,000,000 2021 $23,495,000,000 as follows:

removed The Administrator, in coordination with the heads of other Federal agencies that use the Indian River Bridge on the NASA Causeway, shall develop a plan to ensure that a bridge over the Indian River at such location provides access to the Eastern Range for national security, civil, and commercial space operations.

“20150. Property rights in designated inventions

“(a) Exclusive property rights—Notwithstanding section 3710a of title 15, chapter 18 of title 35, section 20135, or any other provision of law, a designated invention shall be the exclusive property of a user, and shall not be subject to a Government-purpose license, if—

changed “(1) the Administration is reimbursed under the terms of the contract for the full cost of a contribution by the Federal Government of the use of Federal facilities, equipment, materials, proprietary information of the Federal Government, or services of a Federal employee during working hours, including the cost for the Administration to carry out its responsibilities under paragraphs (1) and (4) of section 504(d) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18354(d));“(1)

changed “(2) “(A) the Administration is reimbursed under the terms of the contract for the full cost of a contribution by the Federal funds are not transferred to Government of the user use of Federal facilities, equipment, materials, proprietary information of the Federal Government, or services of a Federal employee during working hours, including the cost for the Administration to carry out its responsibilities under paragraphs (1) and (4) of section 504(d) of the contract; andNational Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18354(d));

changed “(3) “(B) Federal funds are not transferred to the invention was made (as defined in section 20135(a))—user under the contract; and

changed “(A) solely by “(C) the user; ordesignated invention was made (as defined in section 20135(a))—

changed “(B)“(i) solely by the user; or

changed “(i) by the user with the services of a Federal employee under the terms of the contract; and“(ii)

changed “(ii) “(I) by the Administration is reimbursed for such user with the services of a Federal employee under paragraph (1).the terms of the contract; and

changed “(b) Rule of construction—Nothing in this section may be construed to affect the rights of the Federal Government, including property rights in inventions, under any contract, except in the case of a written contract with “(II) the Administration or the ISS management entity is reimbursed for the performance of a designated activity.such services under subparagraph (B); or

changed “(c) Definitions—In this section—“(2) the Administrator determines that the relevant field of commercial endeavor is sufficiently immature that granting exclusive property rights to the user is necessary to help bolster demand for products and services produced on crewed or crew-tended space stations.

added “(b) Notification to Congress—On completion of a determination made under paragraph (2), the Administrator shall submit to the appropriate committees of Congress a notification of the determination that includes a written justification.

added “(c) Public availability—A determination or part of such determination under paragraph (1) shall be made available to the public on request, as required under section 552 of title 5, United States Code (commonly referred to as the “Freedom of Information Act”).

added “(d) Rule of construction—Nothing in this section may be construed to affect the rights of the Federal Government, including property rights in inventions, under any contract, except in the case of a written contract with the Administration or the ISS management entity for the performance of a designated activity.

added “(e) Definitions—In this section—

“(1) Contract—The term contract has the meaning giving the term in section 20135(a).

“(2) Designated activity—The term designated activity means any non-NASA scientific use of the ISS national laboratory as described in section 504 of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18354).

added “(3) Designated invention—The term designated invention means any invention, product, or service conceived or first reduced to practice by any person in the performance of a designated activity under a written contract with the Administration or the ISS management entity.

added “(4) Full cost—The term full cost means the cost of transporting materials or passengers to and from the ISS, including any power needs, the disposal of mass, crew member time, stowage, power on the ISS, data downlink, crew consumables, and life support.

added “(5) Government-purpose license—The term Government-purpose license means the reservation by the Federal Government of an irrevocable, nonexclusive, nontransferable, royalty-free license for the use of an invention throughout the world by or on behalf of the United States or any foreign government pursuant to a treaty or agreement with the United States.

added “(6) ISS management entity—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)).

added “(7) User—The term user means a person, including a nonprofit organization or small business firm (as such terms are defined in section 201 of title 35), or class of persons that enters into a written contract with the Administration or the ISS management entity for the performance of designated activities.”

removed “(3) Designated invention—The term designated invention means any invention conceived or first reduced to practice by any person in the performance of a designated activity under a written contract with the Administration or the ISS management entity.

removed “(4) Government-purpose license—The term Government-purpose license means the reservation by the Federal Government of an irrevocable, nonexclusive, nontransferable, royalty-free license for the use of an invention throughout the world by or on behalf of the United States or any foreign government pursuant to a treaty or agreement with the United States.

removed “(5) ISS management entity—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)).

removed “(6) User—The term user means a person, including a nonprofit organization or small business firm (as such terms are defined in section 201 of title 35), or class of persons that enters into a written contract with the Administration or the ISS management entity for the performance of designated activities.”

changed “20152. Royalties and other payments Payments received for designated activitiescommercial space-enable production

changed “(a) Designated inventions made with Federal assistance—Notwithstanding any other provision of law, if the Administration, under the terms of a written contract for the performance of a designated activity, agrees to provide, unreimbursed, the total cost of a contribution by the Federal Government of the use of Federal facilities, equipment, materials, proprietary information of the Federal Government, or services of a Federal employee during working hours, including the cost for the Administration to carry out its responsibilities under paragraphs (1) and (4) of section 504(d) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18354(d)), the Administrator shall negotiate an agreement on the terms and rates of royalty payments with respect to an invention or class of inventions conceived or first reduced to practice by any person or class of persons in the performance of such designated activities.Annual review

added “(1) In general—Not later than one year after the date of the enactment of this section, and annually thereafter, the Administrator shall review the profitability of any partnership with a private entity under a contract in which the Administrator—

added “(A) permits the use of the ISS by such private entities to produce a commercial product or service; and

added “(B) provides the total unreimbursed cost of a contribution by the Federal Government for the use of Federal facilities, equipment, materials, proprietary information of the Federal Government, or services of a Federal employee during working hours, including the cost for the Administration to carry out its responsibilities under paragraphs (1) and (4) of section 504(d) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18354(d)).

added “(2) Negotiation of reimbursements—Subject to the review described in paragraph (1), the Administrator shall seek to enter into an agreement to negotiate reimbursements for payments received, or portions of profits created, by any mature, profitable private entity described in that paragraph, as appropriate, through a tiered process that reflects the profitability of the relevant product or service.

added “(3) Use of funds—Amounts received by the Administrator in accordance with an agreement under paragraph (2) shall be used by the Administrator in the following order of priority:

added “(A) To defray the operating cost of the ISS.

added “(B) To develop, implement, or operate future low-Earth orbit platforms or capabilities.

added “(C) To develop, implement, or operate future human deep space platforms or capabilities.

added “(D) Any other costs the Administrator considers appropriate.

added “(4) Report—On completion of the first annual review under paragraph (1), and annually thereafter, the Administrator shall submit to the appropriate committees of Congress a report that includes a description of the results of the annual review, any agreement entered into under this section, and the amounts recouped or obtained under any such agreement.

“(b) Licensing and assignment of inventions—Notwithstanding sections 3710a and 3710c of title 15 and any other provision of law, after payment in accordance with subsection (A)(i) of such section 3710c(a)(1)(A)(i) to the inventors who have directly assigned to the Federal Government their interests in an invention under a written contract with the Administration or the ISS management entity for the performance of a designated activity, the balance of any royalty or other payment received by the Administrator or the ISS management entity from licensing and assignment of such invention shall be paid by the Administrator or the ISS management entity, as applicable, to the Space Exploration Fund.

“(c) Space Exploration Fund

“(1) Establishment—There is established in the Treasury of the United States a fund, to be known as the “Space Exploration Fund” (referred to in this subsection as the “Fund”), to be administered by the Administrator.

added “(2) Use of Fund—The Fund shall be available to carry out activities described in subsection (a)(3).

removed “(2) Use of Fund—The Fund shall be available without fiscal year limitation and without further appropriation to carry out space exploration activities under section 20302.

“(3) Deposits—There shall be deposited in the Fund—

“(A) amounts appropriated to the Fund;

“(B) fees and royalties collected by the Administrator or the ISS management entity under subsections (a) and (b); and

“(C) donations or contributions designated to support authorized activities.

added “(4) Rule of construction—Amounts available to the Administrator under this subsection shall be—

added “(A) in addition to amounts otherwise made available for the purpose described in paragraph (2); and

added “(B) available for a period of 5 years, to the extent and in the amounts provided in annual appropriation Acts.

added “(d) Definitions

added “(1) In general—In this section, any term used in this section that is also used in section 20150 shall have the meaning given the term in that section.

added “(2) Appropriate committees of Congress—The term appropriate committees of Congress means—

added “(A) the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate; and

added “(B) the Committee on Science, Space, and Technology and the Committee on Appropriations of the House of Representatives.”

removed “(4) Rule of construction—Amounts available to the Administrator under this subsection shall be in addition to amounts otherwise made available for the purpose described in paragraph (2).

removed “(d) Definitions—The terms used in this section have the meanings given the terms in section 20150.”

changed “70504. Steppingstone Stepping stone approach to exploration

“(a) In general—The Administrator, in sustainable steps, may conduct missions to intermediate destinations, such as the Moon, in accordance with section 20302(b), and on a timetable determined by the availability of funding, 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)), if the Administrator—

“(1) determines that each such mission demonstrates or advances a technology or operational concept that will enable human missions to Mars; and

“(2) incorporates each such mission into the human exploration roadmap under section 432 of the National Aeronautics and Space Administration Transition Authorization Act of 2017 (Public Law 115–10; 51 U.S.C. 20302 note).

“(b) Cislunar space exploration activities—In conducting a mission under subsection (a), the Administrator shall—

“(1) use a combination of launches of the Space Launch System and space transportation services from United States commercial providers, as appropriate, for the mission;

“(2) plan for not fewer than 1 Space Launch System launch annually beginning after the first successful crewed launch of Orion on the Space Launch System; and

“(3) establish an outpost in orbit around the Moon that—

“(A) demonstrates technologies, systems, and operational concepts directly applicable to the space vehicle that will be used to transport humans to Mars;

“(B) has the capability for periodic human habitation; and

“(C) can function as a point of departure, return, or staging for Administration or nongovernmental or international partner missions to multiple locations on the lunar surface or other destinations.

changed “(c) Cost-Effectiveness—To Cost-effectiveness—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 nongovernmental and international partners, to ensure that activities in the Administration's human space exploration program are balanced in order to help meet the requirements of future exploration and utilization activities leading to human habitation on the surface of Mars.

“(d) 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 delay.

“(e) International participation—To achieve the goal of successfully conducting a crewed mission to the surface of Mars, the Administrator shall invite the partners in the ISS program and other nations, as appropriate, to participate in an international initiative under the leadership of the United States.”

“(3) Cislunar space—The term cislunar space means the region of space beyond low-Earth orbit out to and including the region around the surface of the Moon.”

“(2) Appropriate committees of Congress—The term appropriate committees of Congress means—

“(A) the Committee on Commerce, Science, and Transportation of the Senate; and

“(B) the Committee on Science, Space, and Technology of the House of Representatives.

“(3) Cislunar space—The term cislunar space means the region of space beyond low-Earth orbit out to and including the region around the surface of the Moon.”

“(1) Reexamination of priorities by National Academies—The Administrator shall”

changed “(2) Reexamination of priorities by Administrator—If the Administrator decides to reexamine the applicability of the priorities of the decadal surveys to the missions and activities of the Administration due to scientific discoveries or external factors, the Administrator shall, to the maximum extent practicable, shall consult with the relevant committees of the National Academies.”

removed “(f) Annual report—Not later than September 30, 2020, and annually thereafter through 90-percent completion of the catalogue required by subsection (d)(1), the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report that includes the following:

removed “(1) A summary of all activities carried out by the Planetary Defense Coordination Office established under section 309(b)(1) of the National Aeronautics and Space Administration Authorization Act of 2019 since the date of enactment of that Act.

removed “(2) A description of the progress with respect to the design, development, and launch of the space-based infrared survey telescope required by section 309(b)(2)(A) of the National Aeronautics and Space Administration Authorization Act of 2019.

removed “(3) An assessment of the progress toward meeting the requirements of subsection (d)(1).

removed “(4) A description of the status of efforts to coordinate planetary defense activities in response to a threat posed by a near-Earth object with other Federal agencies since the date of enactment of the National Aeronautics and Space Administration Authorization Act of 2019.

removed “(5) 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.

removed “(6) A summary of expenditures for all activities carried out by the Planetary Defense Coordination Office since the date of enactment of the National Aeronautics and Space Administration Authorization Act of 2019.”

added “(f) Annual report—Not later than 180 days after the date of the enactment of the National Aeronautics and Space Administration Authorization Act of 2020, and annually thereafter through 90-percent completion of the catalogue required by subsection (d)(1), the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report that includes the following:

added “(1) A summary of all activities carried out by the Planetary Defense Coordination Office established under section 310(b)(1) of the National Aeronautics and Space Administration Authorization Act of 2020 since the date of enactment of that Act.

added “(2) A description of the progress with respect to the design, development, and launch of the space-based infrared survey telescope required by section 310(b)(2)(A) of the National Aeronautics and Space Administration Authorization Act of 2020.

added “(3) An assessment of the progress toward meeting the requirements of subsection (d)(1).

added “(4) A description of the status of efforts to coordinate planetary defense activities in response to a threat posed by a near-Earth object with other Federal agencies since the date of enactment of the National Aeronautics and Space Administration Authorization Act of 2020.

added “(5) 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.

added “(6) A summary of expenditures for all activities carried out by the Planetary Defense Coordination Office since the date of enactment of the National Aeronautics and Space Administration Authorization Act of 2020.”

removed It is the sense of Congress that—

In this title:

“(c) Establishment

“(1) In general—The Administrator shall establish a Commercial Reusable Suborbital Research Program within the Space Technology Mission Directorate to fund—

“(A) the development of payloads for scientific research, technology development, and education;

“(B) flight opportunities for those payloads to microgravity environments and suborbital altitudes; and

“(C) transition of those payloads to orbital opportunities.

“(2) Commercial reusable vehicle flights—In carrying out the Commercial Reusable Suborbital Research Program, the Administrator may fund engineering and integration demonstrations, proofs of concept, and educational experiments for flights of commercial reusable vehicles.

changed “(3) Commercial suborbital launch vehicles—In carrying out the Commercial Reusable Suborbital Research Program, the Administrator may not fund the development of new commercial suborbital launch vehicles.

“(4) Working with mission directorates—In carrying out the Commercial Reusable Suborbital Research Program, the Administrator shall work with the mission directorates of NASA to achieve the research, technology, and education goals of NASA.”

Section 20113 of title 51, United States Code, as amended by section 801, is further amended by adding at the end the following:

changed “(p) Transaction prototype projects and follow-On follow-on production contracts

“(1) In general—The Administration may enter into a transaction (other than a contract, cooperative agreement, or grant) to carry out a prototype project that is directly relevant to enhancing the mission effectiveness of the Administration.

“(2) Subsequent award of follow-on production contract—A transaction entered into under this subsection for a prototype project may provide for the subsequent award of a follow-on production contract to participants in the transaction.

“(3) Inclusion—A transaction under this subsection includes a project awarded to an individual participant and to all individual projects awarded to a consortium of United States industry and academic institutions.

“(4) Determination—The authority of this section may be exercised for a transaction for a prototype project and any follow-on production contract, upon a determination by the head of the contracting activity, in accordance with Administration policies, that—

“(A) circumstances justify use of a transaction to provide an innovative business arrangement that would not be feasible or appropriate under a contract; and

“(B) the use of the authority of this section is essential to promoting the success of the prototype project.

“(5) Competitive procedure

“(A) In general—To the maximum extent practicable, the Administrator shall use competitive procedures with respect to entering into a transaction to carry out a prototype project.

“(B) Exception—Notwithstanding section 2304 of title 10, United States Code, a follow-on production contract may be awarded to the participants in the prototype transaction without the use of competitive procedures, if—

“(i) competitive procedures were used for the selection of parties for participation in the prototype transaction; and

“(ii) the participants in the transaction successfully completed the prototype project provided for in the transaction.

“(6) Cost share—A transaction to carry out a prototype project and a follow-on production contract may require that part of the total cost of the transaction or contract be paid by the participant or contractor from a source other than the Federal Government.

“(7) Procurement ethics—A transaction under this authority shall be considered an agency procurement for purposes of chapter 21 of title 41, United States Code, with regard to procurement ethics.”

“(c) Special handling of certain technical data

“(1) In general—The Administrator may provide appropriate protections against the public dissemination of certain technical data, including exemption from subchapter II of chapter 5 of title 5.

“(2) Definitions—In this subsection:

“(A) Certain technical data—The term certain technical data means technical data that may not be exported lawfully outside the United States without approval, authorization, or license under—

“(i) the Export Control Reform Act of 2018 (Public Law 115–232; 132 Stat. 2208); or

“(ii) the International Security Assistance and Arms Export Control Act of 1976 (Public Law 94–329; 90 Stat. 729).

“(B) Technical data—The term technical data means any blueprint, drawing, photograph, plan, instruction, computer software, or documentation, or any other technical information.”

“(e) Exclusion from FOIA—This section shall be considered a statute described in subsection (b)(3)(B) of section 552 of title 5 (commonly referred to as the “Freedom of Information Act”).”

Section 20145 of title 51, United States Code, is amended—

removed Section 7(1) of the Iran, North Korea, and Syria Nonproliferation Act (Public Law 106–178; 50 U.S.C. 1701 note) is amended, in the undesignated matter following subparagraph (B), by striking “December 31, 2020” and inserting “December 31, 2030”.

Section 1344(a)(2) of title 31, United States Code, is amended—

changed “(C) necessary for post-flight transportation of United States Government astronauts, and other astronauts subject to reimbursable arrangements arrangements, returning from space for the performance of medical research, monitoring, diagnosis, or treatment, or other official duties, prior to receiving post-flight medical clearance to operate a motor vehicle,”

removed Section 9(cc) of the Small Business Act (15 U.S.C. 638(cc)) is amended by inserting “the National Aeronautics and Space Administration,” after “through 2022,”.