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Title II — Human spaceflight and exploration

S. 2800 · 116th Congress · Dec 18, 2020 · Lineage

II Human spaceflight and exploration

Sec. 201 Advanced cislunar and lunar surface capabilities

(a)
Sense of Congress— It is the sense of Congress that—
(1)
commercial entities in the United States have made significant investment and progress toward the development of human-class lunar landers;
(2)
NASA developed the Artemis program—
(A)
to fulfill the goal of landing United States astronauts, including the first woman and the next man, on the Moon; and
(B)
to collaborate with commercial and international partners to establish sustainable lunar exploration by 2028; and
(3)
in carrying out the Artemis program, the Administration should ensure that the entire Artemis program is inclusive and representative of all people of the United States, including women and minorities.
(b)
Lander program—
(1)
In general— The Administrator shall foster the flight demonstration of not more than 2 human-class lunar lander designs through public-private partnerships.
(2)
Initial development phase— The Administrator may support the formulation of more than 2 concepts in the initial development phase.
(c)
Requirements— In carrying out the program under subsection (b), the Administrator shall—
(1)
enter into industry-led partnerships using a fixed-price, milestone-based approach;
(2)
to the maximum extent practicable, encourage reusability and sustainability of systems developed;
(3)
prioritize safety and implement robust ground and in-space test requirements;
(4)
ensure availability of 1 or more lunar polar science payloads for a demonstration mission; and
(5)
to the maximum extent practicable, offer existing capabilities and assets of NASA centers to support these partnerships.

Sec. 202 Space launch system configurations

(a)
Mobile launch platform— The Administrator is authorized to maintain 2 operational mobile launch platforms to enable the launch of multiple configurations of the Space Launch System.
(b)
Exploration upper stage— To meet the capability requirements under section 302(c)(2) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18322(c)(2)), the Administrator shall continue development of the Exploration Upper Stage for the Space Launch System with a scheduled availability sufficient for use on the third launch of the Space Launch System.
(c)
Briefing— Not later than 90 days after the date of the enactment of this Act, the Administrator shall brief the appropriate committees of Congress on the development and scheduled availability of the Exploration Upper Stage for the third launch of the Space Launch System.
(d)
Main propulsion test article— To meet the requirements under section 302(c)(3) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18322(c)(3)), the Administrator shall—
(1)
immediately on completion of the first full-duration integrated core stage test of the Space Launch System, initiate development of a main propulsion test article for the integrated core stage propulsion elements of the Space Launch System, consistent with cost and schedule constraints, particularly for long-lead propulsion hardware needed for flight;
(2)
not later than 180 days after the date of the enactment of this Act, submit to the appropriate committees of Congress a detailed plan for the development and operation of such main propulsion test article; and
(3)
use existing capabilities of NASA centers for the design, manufacture, and operation of the main propulsion test article.

Sec. 203 Advanced spacesuits

(a)
Sense of Congress— It is the sense of Congress that next-generation advanced spacesuits are a critical technology for human space exploration and use of low-Earth orbit, cislunar space, the surface of the Moon, and Mars.
(b)
Development plan— The Administrator shall establish a detailed plan for the development and manufacture of advanced spacesuits, consistent with the deep space exploration goals and timetables of NASA.
(c)
Diverse astronaut corps— The Administrator shall ensure that spacesuits developed and manufactured after the date of the enactment of this Act are capable of accommodating a wide range of sizes of astronauts so as to meet the needs of the diverse NASA astronaut corps.
(d)
ISS use— Throughout the operational life of the ISS, the Administrator should fully use the ISS for testing advanced spacesuits.
(e)
Prior investments—
(1)
In general— In developing an advanced spacesuit, the Administrator shall, to the maximum extent practicable, partner with industry-proven spacesuit design, development, and manufacturing suppliers and leverage prior and existing investments in advanced spacesuit technologies and existing capabilities at NASA centers to maximize the benefits of such investments and technologies.
(2)
Agreements with private entities— In carrying out this subsection, the Administrator may enter into 1 or more agreements with 1 or more private entities for the manufacture of advanced spacesuits, as the Administrator considers appropriate.
(f)
Briefing— Not later than 180 days after the date of the enactment of this Act, and semiannually thereafter until NASA procures advanced spacesuits under this section, the Administrator shall brief the appropriate committees of Congress on the development plan in subsection (b).

Sec. 204 Acquisition of domestic space transportation and logistics resupply services

(a)
In general— Except as provided in subsection (b), the Administrator shall not enter into any contract with a person or entity that proposes to use, or will use, a foreign launch provider for a commercial service to provide space transportation or logistics resupply for—
(1)
the ISS; or
(2)
any Government-owned or Government-funded platform in Earth orbit or cislunar space, on the lunar surface, or elsewhere in space.
(b)
Exception— The Administrator may enter into a contract with a person or an entity that proposes to use, or will use, a foreign launch provider for a commercial service to carry out an activity described in subsection (a) if—
(1)
a domestic vehicle or service is unavailable; or
(2)
the launch vehicle or service is a contribution by a partner to an international no-exchange-of-funds collaborative effort.
(c)
Rule of construction— Nothing in this section shall be construed to prohibit the Administrator from entering into 1 or more no-exchange-of-funds collaborative agreements with an international partner in support of the deep space exploration plan of NASA.

Sec. 205 Rocket engine test infrastructure

(a)
In general— The Administrator shall continue to carry out a program to modernize rocket propulsion test infrastructure at NASA facilities—
(1)
to increase capabilities;
(2)
to enhance safety;
(3)
to support propulsion development and testing; and
(4)
to foster the improvement of Government and commercial space transportation and exploration.
(b)
Projects— Projects funded under the program described in subsection (a) may include—
(1)
infrastructure and other facilities and systems relating to rocket propulsion test stands and rocket propulsion testing;
(2)
enhancements to test facility capacity and flexibility; and
(3)
such other projects as the Administrator considers appropriate to meet the goals described in that subsection.
(c)
Requirements— In carrying out the program under subsection (a), the Administrator shall—
(1)
prioritize investments in projects that enhance test and flight certification capabilities for large thrust-level atmospheric and altitude engines and engine systems, and multi-engine integrated test capabilities;
(2)
continue to make underutilized test facilities available for commercial use on a reimbursable basis; and
(3)
ensure that no project carried out under this program adversely impacts, delays, or defers testing or other activities associated with facilities used for Government programs, including—
(A)
the Space Launch System and the Exploration Upper Stage of the Space Launch System;
(B)
in-space propulsion to support exploration missions; or
(C)
nuclear propulsion testing.
(d)
Rule of construction— Nothing in this section shall preclude a NASA program, including the Space Launch System and the Exploration Upper Stage of the Space Launch System, from using the modernized test infrastructure developed under this section.
(e)
Working capital fund study—
(1)
In general— Not later than 180 days after the date of the enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report on the use of the authority under section 30102 of title 51, United States Code, to promote increased use of NASA rocket propulsion test infrastructure for research, development, testing, and evaluation activities by other Federal agencies, firms, associations, corporations, and educational institutions.
(2)
Matters to be included— The report required by paragraph (1) shall include the following:
(A)
An assessment of prior use, if any, of the authority under section 30102 of title 51, United States Code, to improve testing infrastructure.
(B)
An analysis of any barrier to implementation of such authority for the purpose of promoting increased use of NASA rocket propulsion test infrastructure.

Sec. 206 Indian River Bridge

(a)
In general— 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.
(b)
Fee or toll discouraged— The plan shall strongly discourage the imposition of a user fee or toll on a bridge over the Indian River at such location.

Sec. 207 Pearl River maintenance

(a)
In general— The Administrator shall coordinate with the Chief of the Army Corps of Engineers to ensure the continued navigability of the Pearl River and Little Lake channels sufficient to support NASA barge operations surrounding Stennis Space Center and the Michoud Assembly Facility.
(b)
Report to Congress— Not later than 180 days after the date of the enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report on efforts under subsection (a).
(c)
Appropriate committees of Congress— In this section, the term appropriate committees of Congress means—
(1)
the Committee on Commerce, Science, and Transportation, the Committee on Environment and Public Works, and the Committee on Appropriations of the Senate; and
(2)
the Committee on Science, Space, and Technology, the Committee on Transportation and Infrastructure, and the Committee on Appropriations of the House of Representatives.

Sec. 208 Value of International Space Station and capabilities in low-Earth orbit

(a)
Sense of Congress— It is the sense of Congress that—
(1)
it is in the national and economic security interests of the United States to maintain a continuous human presence in low-Earth orbit;
(2)
low-Earth orbit should be used as a test bed to advance human space exploration and scientific discoveries; and
(3)
the ISS is a critical component of economic, commercial, and industrial development in low-Earth orbit.
(b)
Human presence requirement— The United States shall continuously maintain the capability for a continuous human presence in low-Earth orbit through and beyond the useful life of the ISS.

Sec. 209 Extension and modification relating to International Space Station

(a)
Policy— Section 501(a) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18351(a)) is amended by striking “2024” and inserting “2030”.
(b)
Maintenance of United States segment and assurance of continued operations— Section 503(a) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18353(a)) is amended by striking “September 30, 2024” and inserting “September 30, 2030”.
(c)
Research capacity allocation and integration of research payloads— Section 504(d) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18354(d)) is amended—
(1)
in paragraph (1), in the first sentence—
(A)
by striking “As soon as practicable” and all that follows through “2011,” and inserting “The”; and
(B)
by striking “September 30, 2024” and inserting “September 30, 2030”; and
(2)
in paragraph (2), in the third sentence, by striking “September 30, 2024” and inserting “September 30, 2030”.
(d)
Maintenance of use—
(1)
In general— Section 70907 of title 51, United States Code, is amended—
(A)
in the section heading, by striking “2024” and inserting “2030”;
(B)
in subsection (a), by striking “September 30, 2024” and inserting “September 30, 2030”; and
(C)
in subsection (b)(3), by striking “September 30, 2024” and inserting “September 30, 2030”.
(e)
Transition plan reports— Section 50111(c)(2) of title 51, United States Code is amended—
(1)
in the matter preceding subparagraph (A), by striking “2023” and inserting “2028”; and
(2)
in subparagraph (J), by striking “2028” and inserting “2030”.
(f)
Elimination of International Space Station National Laboratory Advisory Committee— Section 70906 of title 51, United States Code, is repealed.
(g)
Conforming amendments— Chapter 709 of title 51, United States Code, is amended—
(1)
by redesignating section 70907 as section 70906; and
(2)
in the table of sections for the chapter, by striking the items relating to sections 70906 and 70907 and inserting the following:

Sec. 210 Department of Defense activities on International Space Station

(a)
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall—
(1)
identify and review each activity, program, and project of the Department of Defense completed, being carried out, or planned to be carried out on the ISS as of the date of the review; and
(2)
provide to the appropriate committees of Congress a briefing that describes the results of the review.
(b)
Appropriate committees of Congress defined— In this section, the term appropriate committees of Congress means—
(1)
the Committee on Armed Services, the Committee on Appropriations, and the Committee on Commerce, Science, and Transportation of the Senate; and
(2)
the Committee on Armed Services, the Committee on Appropriations, and the Committee on Science, Space, and Technology of the House of Representatives.

Sec. 211 Commercial development in low-Earth orbit

(a)
Statement of policy— It is the policy of the United States to encourage the development of a thriving and robust United States commercial sector in low-Earth orbit.
(b)
Preference for United States commercial products and services— The Administrator shall continue to increase the use of assets, products, and services of private entities in the United States to fulfill the low-Earth orbit requirements of the Administration.
(c)
Noncompetition—
(1)
In general— Except as provided in paragraph (2), the Administrator may not offer to a foreign person or a foreign government a spaceflight product or service relating to the ISS, if a comparable spaceflight product or service, as applicable, is offered by a private entity in the United States.
(2)
Exception— The Administrator may offer a spaceflight product or service relating to the ISS to the government of a country that is a signatory to the Agreement Among the Government of Canada, Governments of Member States of the European Space Agency, the Government of Japan, the Government of the Russian Federation, and the Government of the United States of America Concerning Cooperation on the Civil International Space Station, signed at Washington January 29, 1998, and entered into force on March 27, 2001 (TIAS 12927), including an international partner astronaut (as defined in section 50902 of title 51, United States Code) that is sponsored by the government of such a country.
(d)
Short-duration commercial missions— To provide opportunities for additional transport of astronauts to the ISS and help establish a commercial market in low-Earth orbit, the Administrator may permit short-duration missions to the ISS for commercial passengers on a fully or partially reimbursable basis.
(e)
Program authorization—
(1)
Establishment— The Administrator shall establish a low-Earth orbit commercial development program to encourage the fullest commercial use and development of space by private entities in the United States.
(2)
Elements— The program established under paragraph (1) shall, to the maximum extent practicable, include activities—
(A)
to stimulate demand for—
(i)
space-based commercial research, development, and manufacturing;
(ii)
spaceflight products and services; and
(iii)
human spaceflight products and services in low-Earth orbit;
(B)
to improve the capability of the ISS to accommodate commercial users; and
(C)
subject to paragraph (3), to foster the development of commercial space stations and habitats.
(3)
Commercial space stations and habitats—
(A)
Priority— With respect to an activity to develop a commercial space station or habitat, the Administrator shall give priority to an activity for which a private entity provides a significant share of the cost to develop and operate the activity.
(B)
Report— Not later than 30 days after the date that an award or agreement is made to carry out an activity to develop a commercial space station or habitat, the Administrator shall submit to the appropriate committees of Congress a report on the development of the commercial space station or habitat, as applicable, that includes—
(i)
a business plan that describes the manner in which the project will—
(I)
meet the future requirements of NASA for low-Earth orbit human space-flight services; and
(II)
fulfill the cost-share funding prioritization under subparagraph (A); and
(ii)
a review of the viability of the operational business case, including—
(I)
the level of expected Government participation;
(II)
a list of anticipated nongovernmental an international customers and associated contributions; and
(III)
an assessment of long-term sustainability for the nongovernmental customers, including an independent assessment of the viability of the market for such commercial services or products.

Sec. 212 Maintaining a national laboratory in space

(a)
Sense of Congress— It is the sense of Congress that—
(1)
the United States segment of the International Space Station (as defined in section 70905 of title 51, United States Code), which is designated as a national laboratory under section 70905(b) of title 51, United States Code—
(A)
benefits the scientific community and promotes commerce in space;
(B)
fosters stronger relationships among NASA and other Federal agencies, the private sector, and research groups and universities;
(C)
advances science, technology, engineering, and mathematics education through use of the unique microgravity environment; and
(D)
advances human knowledge and international cooperation;
(2)
after the ISS is decommissioned, the United States should maintain a national microgravity laboratory in space;
(3)
in maintaining a national microgravity laboratory in space, the United States should make appropriate accommodations for different types of ownership and operation arrangements for the ISS and future space stations;
(4)
to the maximum extent practicable, a national microgravity laboratory in space should be maintained in cooperation with international space partners; and
(5)
NASA should continue to support fundamental science research on future platforms in low-Earth orbit and cislunar space, orbital and suborbital flights, drop towers, and other microgravity testing environments.
(b)
Report— The Administrator, in coordination with the National Space Council and other Federal agencies as the Administrator considers appropriate, shall issue a report detailing the feasibility of establishing a microgravity national laboratory federally funded research and development center to carry out activities relating to the study and use of in-space conditions.

Sec. 213 International Space Station national laboratory; property rights in inventions

(a)
In general— Subchapter III of chapter 201 of title 51, United States Code, is amended by adding at the end the following:

“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—

“(1)

“(A) 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));

“(B) Federal funds are not transferred to the user under the contract; and

“(C) the designated invention was made (as defined in section 20135(a))—

“(i) solely by the user; or

“(ii)

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

“(II) the Administration is reimbursed for such services under subparagraph (B); or

“(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.

“(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.

“(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”).

“(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.

“(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).

“(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.

“(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.

“(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.

“(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)).

“(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.”

(b)
Conforming amendment— The table of sections for chapter 201 of title 51, United States Code, is amended by inserting after the item relating to section 20149 the following:

Sec. 214 Data first produced during non-NASA scientific use of the ISS national laboratory

(a)
Data rights— Subchapter III of chapter 201 of title 51, United States Code, as amended by section 213, is further amended by adding at the end the following:

“20151. Data rights

“(a) Non-NASA scientific use of the ISS national laboratory—The Federal Government may not use or reproduce, or disclose outside of the Government, any data first produced in the performance of a designated activity under a written contract with the Administration or the ISS management entity, unless—

“(1) otherwise agreed under the terms of the contract with the Administration or the ISS management entity, as applicable;

“(2) the designated activity is carried out with Federal funds;

“(3) disclosure is required by law;

“(4) the Federal Government has rights in the data under another Federal contract, grant, cooperative agreement, or other transaction; or

“(5) the data is—

“(A) otherwise lawfully acquired or independently developed by the Federal Government;

“(B) related to the health and safety of personnel on the ISS; or

“(C) essential to the performance of work by the ISS management entity or NASA personnel.

“(b) Definitions—In this section:

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

“(2) Data

“(A) In general—The term data means recorded information, regardless of form or the media on which it may be recorded.

“(B) Inclusions—The term data includes technical data and computer software.

“(C) Exclusions—The term data does not include information incidental to contract administration, such as financial, administrative, cost or pricing, or management information.

“(3) Designated activity—The term designated activity has the meaning given the term in section 20150.

“(4) ISS management entity—The term ISS management entity has the meaning given the term in section 20150.”

(b)
Special handling of trade secrets or confidential information— Section 20131(b)(2) of title 51, United States Code, is amended to read as follows:

“(2) Information described

“(A) Activities under agreement—Information referred to in paragraph (1) is information that—

“(i) results from activities conducted under an agreement entered into under subsections (e) and (f) of section 20113; and

“(ii) would be a trade secret or commercial or financial information that is privileged or confidential within the meaning of section 552(b)(4) of title 5 if the information had been obtained from a non-Federal party participating in such an agreement.

“(B) Certain data—Information referred to in paragraph (1) includes data (as defined in section 20151) that—

“(i) was first produced by the Administration in the performance of any designated activity (as defined in section 20150); and

“(ii) would be a trade secret or commercial or financial information that is privileged or confidential within the meaning of section 552(b)(4) of title 5 if the data had been obtained from a non-Federal party.”

(c)
Conforming amendment— The table of sections for chapter 201 of title 51, United States Code, as amended by section 213, is further amended by inserting after the item relating to section 20150 the following:

Sec. 215 Payments received for commercial space-enabled production on the ISS

(a)
Sense of Congress— It is the sense of Congress that—
(1)
the Administrator should determine a threshold for NASA to recover the costs of supporting the commercial development of products or services aboard the ISS, through the negotiation of agreements, similar to agreements made by other Federal agencies that support private sector innovation; and
(2)
the amount of such costs that to be recovered or profits collected through such agreements should be applied by the Administrator through a tiered process, taking into consideration the relative maturity and profitability of the applicable product or service.
(b)
In general— Subchapter III of chapter 201 of title 51, United States Code, as amended by section 214, is further amended by adding at the end the following:

“20152. Payments received for commercial space-enable production

“(a) Annual review

“(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—

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

“(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)).

“(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.

“(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:

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

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

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

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

“(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.

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

“(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.

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

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

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

“(d) Definitions

“(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.

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

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

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

(c)
Conforming amendment— The table of sections for chapter 201 of title 51, United States Code, as amended by section and 214, is further amended by inserting after the item relating to section 20151 the following:

Sec. 216 Stepping stone approach to exploration

(a)
In general— Section 70504 of title 51, United States Code, is amended to read as follows:

“70504. Stepping stone approach to exploration

“(a) In general—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.

“(c) 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.”

(b)
Definition of cislunar space— Section 10101 of title 51, United States Code, is amended by adding at the end the following:

“(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.”

(c)
Technical and conforming amendments— Section 3 of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18302) is amended by striking paragraphs (2) and (3) and inserting the following:

“(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.”

Sec. 217 Technical amendments relating to Artemis missions

(a)
Section 421 of the National Aeronautics and Space Administration Authorization Act of 2017 (Public Law 115–10; 51 U.S.C. 20301 note) is amended—
(1)
in subsection (c)(3)—
(A)
by striking “EM–1” and inserting “Artemis I”;
(B)
by striking “EM–2” and inserting “Artemis II”; and
(C)
by striking “EM–3” and inserting “Artemis III”; and
(2)
in subsection (f)(3), by striking “EM–3” and inserting “Artemis III”.
(b)
Section 432(b) of the National Aeronautics and Space Administration Authorization Act of 2017 (Public Law 115–10; 51 U.S.C. 20302 note) is amended—
(1)
in paragraph (3)(D)—
(A)
by striking “EM–1” and inserting “Artemis I”; and
(B)
by striking “EM–2” and inserting “Artemis II”; and
(2)
in paragraph (4)(C), by striking “EM–3” and inserting “Artemis III”.