Title III — Maximizing Utilization of the Iss and Low-Earth Orbit

115th Congress · Approved Mar 21, 2017 · 131 Stat. 18

TITLE III Maximizing Utilization of the Iss and Low-Earth Orbit

SEC. 301. Operation of the Iss.

(a)

Sense of Congress.— It is the sense of Congress that—

(1)

after 15 years of continuous human presence in low-Earth orbit, the ISS continues to overcome challenges and operate safely;

(2)

the ISS is a unique testbed for future space exploration systems development, including long-duration space travel;

(3)

the expansion of partnerships, scientific research, and commercial applications of the ISS is essential to ensuring the greatest return on investments made by the United States and its international space partners in the development, assembly, and operations of that unique facility;

(4)

utilization of the ISS will sustain United States leadership and progress in human space exploration by—

(A)

facilitating the commercialization and economic development of low-Earth orbit;

(B)

serving as a testbed for technologies and a platform for scientific research and development; and

(C)

serving as an orbital facility enabling research upon—

(i)

the health, well-being, and performance of humans in space; and

(ii)

the development of in-space systems enabling human space exploration beyond low-Earth orbit; and

(5)

the ISS provides a platform for fundamental, microgravity, discovery-based space life and physical sciences research that is critical for enabling space exploration, protecting humans in space, increasing pathways for commercial space development that depend on advances in basic research, and contributes to advancing science, technology, engineering, and mathematics research.

(b)

Objectives.— The primary objectives of the ISS program shall be—

(1)

to achieve the long term goal and objectives under section 202 of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18312); and

(2)

to pursue a research program that advances knowledge and provides other benefits to the Nation.

(c)

Continuation of the ISS.— Section 501 of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18351) is amended to read as follows:

“SEC. 501. CONTINUATION OF THE INTERNATIONAL SPACE STATION.

“(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.

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

“(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;

“(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

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

SEC. 302. Transportation to Iss.

(a)

Findings.— Congress finds that reliance on foreign carriers for United States crew transfer is unacceptable, and the Nation’s human space flight program must acquire the capability to launch United States government astronauts on vehicles using United States rockets from United States soil as soon as is safe, reliable, and affordable to do so.

(b)

Sense of Congress on Commercial Crew Program and Commercial Resupply Services Program.— It is the sense of Congress that—

(1)

once developed and certified to meet the Administration’s safety and reliability requirements, United States commercially provided crew transportation systems can serve as the primary means of transporting United States government astronauts and international partner astronauts to and from the ISS and serving as ISS crew rescue vehicles;

(2)

previous budgetary assumptions used by the Administration in its planning for the Commercial Crew Program assumed significantly higher funding levels than were authorized and appropriated by Congress;

(3)

credibility in the Administration’s budgetary estimates for the Commercial Crew Program can be enhanced by an independently developed cost estimate;

(4)

such credibility in budgetary estimates is an important factor in understanding program risk;

(5)

United States access to low-Earth orbit is paramount to the continued success of the ISS and ISS National Laboratory;

(6)

a stable and successful Commercial Resupply Services Program and Commercial Crew Program are critical to ensuring timely provisioning of the ISS and to reestablishing the capability to launch United States government astronauts from United States soil into orbit, ending reliance upon Russian transport of United States government astronauts to the ISS which has not been possible since the retirement of the Space Shuttle program in 2011;

(7)

NASA should build upon the success of the Commercial Orbital Transportation Services Program and Commercial Resupply Services Program that have allowed private sector companies to partner with NASA to deliver cargo and scientific experiments to the ISS since 2012;

(8)

the 21st Century Launch Complex Program has enabled significant modernization and infrastructure improvements at launch sites across the United States to support NASA’s Commercial Resupply Services Program and other civil and commercial space flight missions; and

(9)

the 21st Century Launch Complex Program should be continued in a manner that leverages State and private investments to achieve the goals of that program.

(c)

Reaffirmation.— Congress reaffirms—

(1)

its commitment to the use of a commercially developed, private sector launch and delivery system to the ISS for crew missions as expressed in the National Aeronautics and Space Administration Authorization Act of 2005 (Public Law 109–155; 119 Stat. 2895), the National Aeronautics and Space Administration Authorization Act of 2008 (Public Law 110–422; 122 Stat. 4779), and the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18301 et seq.); and

(2)

the requirement under section 50111(b)(1)(A) of title 51, United States Code, that the Administration shall make use of United States commercially provided ISS crew transfer and crew rescue services to the maximum extent practicable.

(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 Services.—

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

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

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

“(C) it is a qualified foreign entity.

“(2) Definitions.—In this subsection:

“(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.

“(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.

“(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.

“(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.”

(e)

Commercial Crew Program.—

(1)

Objective.— The objective of the Commercial Crew Program shall be to assist in the development and certification of commercially provided transportation that—

(A)

can carry United States government astronauts safely, reliably, and affordably to and from the ISS;

(B)

can serve as a crew rescue vehicle; and

(C)

can accomplish subparagraphs (A) and (B) as soon as practicable.

(2)

Primary consideration.— The objective described in paragraph (1) shall be the primary consideration in the acquisition strategy for the Commercial Crew Program.

(3)

Safety.—

(A)

In general.— The Administrator shall protect the safety of government astronauts by ensuring that each commercially provided transportation system under this subsection meets all applicable human rating requirements in accordance with section 403(b)(1) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18342(b)(1)).

(B)

Lessons learned.— 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 critical priorities of the Commercial Crew Program.

(4)

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.

(f)

Commercial Cargo Program.— Section 401 of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18341) is amended by striking “ Commercial Orbital Transportation Services” and inserting “ Commercial Resupply Services”.

(g)

Competition.— It is the policy of the United States that, to foster the competitive development, operation, improvement, and commercial availability of space transportation services, and to minimize the life cycle cost to the Administration, the Administrator shall procure services for Federal Government access to and return from the ISS, whenever practicable, via fair and open competition for well-defined, milestone-based, Federal Acquisition Regulation-based contracts under section 201(a) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18311(a)).

(h)

Transparency.—

(1)

Sense of congress.— It is the sense of Congress that cost transparency and schedule transparency aid in effective program management and risk assessment.

(2)

In general.— The Administrator shall, to the greatest extent practicable and in a manner that does not add costs or schedule delays to the program, ensure all Commercial Crew Program and Commercial Resupply Services Program providers provide evidence-based support for their costs and schedules.

(i)

ISS Cargo Resupply Services Lessons Learned.— Not later than 120 days after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report that—

(1)

identifies the lessons learned to date from previous and existing Commercial Resupply Services contracts;

(2)

indicates whether changes are needed to the manner in which the Administration procures and manages similar services prior to the issuance of future Commercial Resupply Services procurement opportunities; and

(3)

identifies any lessons learned from the Commercial Resupply Services contracts that should be applied to the procurement and management of commercially provided crew transfer services to and from the ISS or to other future procurements.

SEC. 303. Iss Transition Plan.

(a)

Findings.— Congress finds that—

(1)

NASA has been both the primary supplier and consumer of human space flight capabilities and services of the ISS and in low-Earth orbit; and

(2)

according to the National Research Council report “Pathways to Exploration: Rationales and Approaches for a U.S. Program of Human Space Exploration” extending ISS beyond 2020 to 2024 or 2028 will have significant negative impacts on the schedule of crewed missions to Mars, without significant increases in funding.

(b)

Sense of Congress.— It is the sense of Congress that—

(1)

an orderly transition for United States human space flight activities in low-Earth orbit from the current regime, that relies heavily on NASA sponsorship, to a regime where NASA is one of many customers of a low-Earth orbit commercial human space flight enterprise may be necessary; and

(2)

decisions about the long-term future of the ISS impact the ability to conduct future deep space exploration activities, and that such decisions regarding the ISS should be considered in the context of the human exploration roadmap under section 432 of this Act.

(c)

Reports.— Section 50111 of title 51, United States Code, is amended by adding at the end the following:

“(c) ISS Transition Plan.—

“(1) In general.—The Administrator, in coordination with the ISS management entity (as defined in section 2 of the National Aeronautics and Space Administration Transition Authorization Act of 2017), ISS partners, the scientific user community, and the commercial space 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 could be one of many customers of a low-Earth orbit non-governmental human space flight enterprise.

“(2) Reports.—Not later than December 1, 2017, and biennially thereafter until 2023, 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—

“(A) a description of the progress in achieving the Administration’s deep space human exploration objectives on ISS and prospects for accomplishing future mission requirements, space exploration objectives, and other research objectives on future commercially supplied low-Earth orbit platforms or migration of those objectives to cis-lunar space;

“(B) the 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;

“(C) 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 the ISS as a commercial incubator;

“(D) the criteria for defining the ISS as a research success;

“(E) the criteria used to determine whether the ISS is meeting the objective under section 301(b)(2) of the National Aeronautics and Space Administration Transition Authorization Act of 2017;

“(F) an assessment of whether the criteria under subparagraphs (D) and (E) are consistent with the research areas defined in, and recommendations and schedules under, the current National Academies of Sciences, Engineering, and Medicine Decadal Survey on Biological and Physical Sciences in Space;

“(G) any necessary contributions that ISS extension would make to enabling execution of the human exploration roadmap under section 432 of the National Aeronautics and Space Administration Transition Authorization Act of 2017;

“(H) the cost estimates for operating the ISS to achieve the criteria required under subparagraphs (D) and (E) and the contributions identified under subparagraph (G);

“(I) the cost estimates for extending operations of the ISS to 2024, 2028, and 2030;

“(J) an evaluation of the feasible and preferred service life of the ISS beyond the period described in section 503 of the National 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—

“(i) a general discussion of international partner capabilities and prospects for extending the partnership;

“(ii) the cost associated with extending the service life;

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

“(iv) such other information as may be necessary to fully describe the justification for and feasibility of extending the service life of the ISS, including the potential scientific or technological benefits to the Federal Government, public, or to academic or commercial entities;

“(K) an identification of the necessary actions and an estimate of the costs to deorbit the ISS once it has reached the end of its service life;

“(L) the 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 flat budget profile; and

“(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

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

“(3) 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—

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

“(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, other commercial activities, or services obtained through alternate acquisition approaches.”

SEC. 304. Space Communications.

(a)

Plan.— The Administrator shall develop a plan, in consultation with relevant Federal agencies, to meet the Administration’s projected space communication and navigation needs for low-Earth orbit and deep space operations in the 20-year period following the date of enactment of this Act.

(b)

Contents.— The plan shall include—

(1)

the lifecycle cost estimates and a 5-year funding profile;

(2)

the performance capabilities required to meet the Administration’s projected space communication and navigation needs;

(3)

the measures the Administration will take to sustain the existing space communications and navigation architecture;

(4)

an identification of the projected space communications and navigation network and infrastructure needs;

(5)

a description of the necessary upgrades to meet the needs identified in paragraph (4), including—

(A)

an estimate of the cost of the upgrades;

(B)

a schedule for implementing the upgrades; and

(C)

an assessment of whether and how any related missions will be impacted if resources are not secured at the level needed;

(6)

the cost estimates for the maintenance of existing space communications network capabilities necessary to meet the needs identified in paragraph (4);

(7)

the criteria for prioritizing resources for the upgrades described in paragraph (5) and the maintenance described in paragraph (6);

(8)

an estimate of any reimbursement amounts the Administration may receive from other Federal agencies;

(9)

an identification of the projected Tracking and Data Relay Satellite System needs in the 20-year period following the date of enactment of this Act, including in support of relevant Federal agencies, and cost and schedule estimates to maintain and upgrade the Tracking and Data Relay Satellite System to meet the projected needs;

(10)

the measures the Administration is taking to meet space communications needs after all Tracking and Data Relay Satellite System third-generation communications satellites are operational; and

(11)

the measures the Administration is taking to mitigate threats to electromagnetic spectrum use.

(c)

Schedule.— Not later than 1 year after the date of enactment of this Act, the Administrator shall submit the plan to the appropriate committees of Congress.

SEC. 305. Indemnification; Nasa Launch Services and Reentry Services.

(a)

In General.— Subchapter III of chapter 201 of title 51, United States Code, is amended by adding at the end the following:

“§ 20148. Indemnification; NASA launch services and reentry services

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

“(1) is more than the amount of insurance or demonstration of financial responsibility described in subsection (c)(3); and

“(2) is not more than the amount specified in section 50915(a)(1)(B).

“(b) Terms of Indemnification.—A contract made under subsection (a) that provides indemnification shall provide for—

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

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

“(c) Liability Insurance of the Provider.—

“(1) In general.—The provider under subsection (a) shall obtain liability insurance or demonstrate financial responsibility in amounts to compensate for the maximum probable loss from claims by—

“(A) a third party for death, bodily injury, or property damage or loss resulting from a launch service or reentry service carried out under the contract; and

“(B) the United States Government for damage or loss to Government property resulting from a launch service or reentry service carried out under the contract.

“(2) Maximum probable losses.—

“(A) In general.—The Administrator shall determine the maximum probable losses under subparagraphs (A) and (B) of paragraph (1) not later than 90 days after the date that the provider requests such a determination and submits all information the Administrator requires.

“(B) Revisions.—The Administrator may revise a determination under subparagraph (A) of this paragraph if the Administrator determines the revision is warranted based on new information.

“(3) Amount of insurance.—For the total claims related to one launch or reentry, a provider shall not be required to obtain insurance or demonstrate financial responsibility of more than—

“(A)

(i) $500,000,000 under paragraph (1)(A); or

“(ii) $100,000,000 under paragraph (1)(B); or

“(B) the maximum liability insurance available on the world market at reasonable cost.

“(4) Coverage.—An insurance policy or demonstration of financial responsibility under this subsection shall protect the following, to the extent of their potential liability for involvement in launch services or reentry services:

“(A) The Government.

“(B) Personnel of the Government.

“(C) Related entities of the Government.

“(D) Related entities of the provider.

“(E) Government astronauts.

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

“(e) Cross-Waivers.—

“(1) In general.—The Administrator, on behalf of the United States and its departments, agencies, and instrumentalities, shall reciprocally waive claims with a provider under which each party to the waiver agrees to be responsible, and agrees to ensure that its related entities are responsible, for damage or loss to its property, or for losses resulting from any injury or death sustained by its employees or agents, as a result of activities arising out of the performance of the contract.

“(2) Limitation.—The waiver made by the Government under paragraph (1) shall apply only to the extent that the claims are more than the amount of insurance or demonstration of financial responsibility required under subsection (c)(1)(B).

“(f) Willful Misconduct.—Indemnification under subsection (a) may exclude claims resulting from the willful misconduct of the provider or its related entities.

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

“(h) Payments.—

“(1) In general.—Upon the approval by the Administrator, payments under subsection (a) may be made from funds appropriated for such payments.

“(2) Limitation.—The Administrator shall not approve payments under paragraph (1), except to the extent provided in an appropriation law or to the extent additional legislative authority is enacted providing for such payments.

“(3) Additional appropriations.—If the Administrator requests additional appropriations to make payments under this subsection, then the request for those appropriations shall be made in accordance with the procedures established under section 50915.

“(i) Rules of Construction.—

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

“(2) Other authority.—Nothing in this section may be construed as prohibiting the Administrator from indemnifying a provider or any other NASA contractor under other law, including under Public Law 85–804 (50 U.S.C. 1431 et seq.).

“(3) Anti-deficiency act.—Notwithstanding any other provision of this section—

“(A) all obligations under this section are subject to the availability of funds; and

“(B) nothing in this section may be construed to require obligation or payment of funds in violation of sections 1341, 1342, 1349 through 1351, and 1511 through 1519 of title 31, United States Code (commonly referred to as the ‘Anti-Deficiency Act’).

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

“(k) Definitions.—In this section:

“(1) Government astronaut.—The term ‘government astronaut’ has the meaning given the term in section 50902.

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

“(3) Provider.—The term ‘provider’ means a person that provides domestic launch services or domestic reentry services to the Government.

“(4) Reentry services.—The term ‘reentry services’ has the meaning given the term in section 50902.

“(5) Related entity.—The term ‘related entity’ means a contractor or subcontractor.

“(6) Third party.—The term ‘third party’ means a person except—

“(A) the United States Government;

“(B) related entities of the Government involved in launch services or reentry services;

“(C) a provider;

“(D) related entities of the provider involved in launch services or reentry services; or

“(E) a government astronaut.”

(b)

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

“20148. Indemnification; NASA launch services and reentry services.”.

Title III — Maximizing Utilization of the Iss and Low-Earth Orbit