US Codex
Pub. L.
Notes

Title IV — Advancing Human Deep Space Exploration

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

TITLE IV Advancing Human Deep Space Exploration

Subtitle A Human Space Flight and Exploration Goals and Objectives

SEC. 411. Human Space Flight and Exploration Long-Term Goals.

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

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

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

“(2) crewed missions and progress toward achieving the goal in paragraph (1) to enable the potential for subsequent human exploration and the extension of human presence throughout the solar system; and

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

SEC. 412. Key Objectives.

Section 202(b) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18312(b)) is amended—
(1)
in paragraph (3), by striking “ ; and” and inserting a semicolon;
(2)
in paragraph (4), by striking the period at the end and inserting “ ; and”; and
(3)
by adding at the end the following:

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

SEC. 413. Vision for Space Exploration.

Section 20302 of title 51, United States Code, is amended—
(1)
in subsection (a), by inserting “ in cis-lunar space or” after “ sustained human presence”;
(2)
by amending subsection (b) to read as follows:

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

; and

(3)
by adding at the end the following:

“(c) Definitions.—In this section:

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

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

SEC. 414. Stepping Stone Approach to Exploration.

Section 70504 of title 51, United States Code, is amended to read as follows:

Ҥ 70504. Stepping stone approach to exploration

“(a) In General.—The Administration—

“(1) may conduct missions to intermediate destinations in sustainable steps in accordance with section 20302(b) of this title, 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)); and

“(2) shall incorporate any such missions into the human exploration roadmap under section 432 of the National Aeronautics and Space Administration Transition Authorization Act of 2017.

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

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

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

SEC. 415. Update of Exploration Plan and Programs.

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

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

SEC. 416. Repeals.

(a)
Space Shuttle Capability Assurance.— Section 203 of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18313) is amended—
(1)
by striking subsection (b);
(2)
in subsection (d), by striking “ subsection (c)” and inserting “ subsection (b)”; and
(3)
by redesignating subsections (c) and (d) as subsections (b) and (c), respectively.
(b)
Shuttle Pricing Policy for Commercial and Foreign Users.— Chapter 703 of title 51, United States Code, and the item relating to that chapter in the table of chapters for that title, are repealed.
(c)
Shuttle Privatization.— Section 50133 of title 51, United States Code, and the item relating to that section in the table of sections for chapter 501 of that title, are repealed.

SEC. 417. Assured Access to Space.

Section 70501 of title 51, United States Code, is amended—
(1)
by amending subsection (a) to read as follows:

“(a) Policy Statement.—In order to ensure continuous United States participation and leadership in the exploration and utilization of space and as an essential instrument of national security, it is the policy of the United States to maintain an uninterrupted capability for human space flight and operations—

“(1) in low-Earth orbit; and

“(2) beyond low-Earth orbit once the capabilities described in section 421(f) of the National Aeronautics and Space Administration Transition Authorization Act of 2017 become available.”

; and

(2)
in subsection (b), by striking “ Committee on Science and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate describing the progress being made toward developing the Crew Exploration Vehicle and the Crew Launch Vehicle” and inserting “ Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives describing the progress being made toward developing the Space Launch System and Orion”.

Subtitle B Assuring Core Capabilities for Exploration

SEC. 421. Space Launch System, Orion, and Exploration Ground Systems.

(a)
Findings.— Congress makes the following findings:
(1)
NASA has made steady progress in developing and testing the Space Launch System and Orion exploration systems with the successful Exploration Flight Test of Orion in December of 2014, the final qualification test firing of the 5-segment Space Launch System boosters in June 2016, and a full thrust, full duration test firing of the RS–25 Space Launch System core stage engine in August 2016.
(2)
Through the 21st Century Launch Complex program and Exploration Ground Systems programs, NASA has made significant progress in transforming exploration ground systems infrastructure to meet NASA’s mission requirements for the Space Launch System and Orion and to modernize NASA’s launch complexes to the benefit of the civil, defense, and commercial space sectors.
(b)
Space Launch System.—
(1)
Sense of congress.— It is the sense of Congress that use of the Space Launch System and Orion, with contributions from partnerships with the private sector, academia, and the international community, is the most practical approach to reaching the Moon, Mars, and beyond.
(2)
Reaffirmation.— Congress reaffirms the policy and minimum capability requirements for the Space Launch System under section 302 of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18322).
(c)
Sense of Congress on Space Launch System, Orion, and Exploration Ground Systems.— It is the sense of Congress that—
(1)
as the United States works to send humans on a series of missions to Mars in the 2030s, the United States national space program should continue to make progress on its commitment by fully developing the Space Launch System, Orion, and related Exploration Ground Systems;
(2)
using the Space Launch System and Orion for a wide range of contemplated missions will facilitate the national defense, science, and exploration objectives of the United States;
(3)
the United States should have continuity of purpose for the Space Launch System and Orion in deep space exploration missions, using them beginning with the uncrewed mission, EM–1, planned for 2018, followed by the crewed mission, EM–2, in cis-lunar space planned for 2021, and for subsequent missions beginning with EM–3 extending into cis-lunar space and eventually to Mars;
(4)
the President’s annual budget requests for the Space Launch System and Orion development, test, and operational phases should strive to accurately reflect the resource requirements of each of those phases;
(5)
the fully integrated Space Launch System, including an upper stage needed to go beyond low-Earth orbit, will safely enable human space exploration of the Moon, Mars, and beyond; and
(6)
the Administrator should budget for and undertake a robust ground test and uncrewed and crewed flight test and demonstration program for the Space Launch System and Orion in order to promote safety and reduce programmatic risk.
(d)
In General.— The Administrator shall continue the development of the fully integrated Space Launch System, including an upper stage needed to go beyond low-Earth orbit, in order to safely enable human space exploration of the Moon, Mars, and beyond over the course of the next century as required in section 302(c) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18322(c)).
(e)
Report.—
(1)
In general.— Not later than 60 days after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report addressing the ability of Orion to meet the needs and the minimum capability requirements described in section 303(b)(3) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18323(b)(3)).
(2)
Contents.— The report shall detail—
(A)
those components and systems of Orion that ensure it is in compliance with section 303(b)(3) of that Act (42 U.S.C. 18323(b)(3));
(B)
the expected date that Orion, integrated with a vehicle other than the Space Launch System, could be available to transport crew and cargo to the ISS;
(C)
any impacts to the deep space exploration missions under subsection (f) of this section due to enabling Orion to meet the minimum capability requirements described in section 303(b)(3) of that Act (42 U.S.C. 18323(b)(3)) and conducting the mission described in subparagraph (B) of this paragraph; and
(D)
the overall cost and schedule impacts associated with enabling Orion to meet the minimum capability requirements described in section 303(b)(3) of that Act (42 U.S.C. 18323(b)(3)) and conducting the mission described in subparagraph (B) of this paragraph.
(f)
Exploration Missions.— The Administrator shall continue development of—
(1)
an uncrewed exploration mission to demonstrate the capability of both the Space Launch System and Orion as an integrated system by 2018;
(2)
subject to applicable human rating processes and requirements, a crewed exploration mission to demonstrate the Space Launch System, including the Core Stage and Exploration Upper Stages, by 2021;
(3)
subsequent missions beginning with EM–3 at operational flight rate sufficient to maintain safety and operational readiness using the Space Launch System and Orion to extend into cis-lunar space and eventually to Mars; and
(4)
a deep space habitat as a key element in a deep space exploration architecture along with the Space Launch System and Orion.
(g)
Other Uses.— The Administrator shall assess the utility of the Space Launch System for use by the science community and for other Federal Government launch needs, including consideration of overall cost and schedule savings from reduced transit times and increased science returns enabled by the unique capabilities of the Space Launch System.
(h)
Utilization Report.—
(1)
In general.— The Administrator, in consultation with the Secretary of Defense and the Director of National Intelligence, shall prepare a report that addresses the effort and budget required to enable and utilize a cargo variant of the 130-ton Space Launch System configuration described in section 302(c) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18322(c)).
(2)
Contents.— In preparing the report, the Administrator shall—
(A)
consider the technical requirements of the scientific and national security communities related to a cargo variant of the Space Launch System; and
(B)
directly assess the utility and estimated cost savings obtained by using a cargo variant of the Space Launch System for national security and space science missions.
(3)
Submission to congress.— Not later than 180 days after the date of enactment of this Act, the Administrator shall submit the report to the appropriate committees of Congress.

Subtitle C Journey to Mars

SEC. 431. Findings on Human Space Exploration.

Congress makes the following findings:
(1)
In accordance with section 204 of the National Aeronautics and Space Administration Authorization Act of 2010 (124 Stat. 2813), the National Academies of Sciences, Engineering, and Medicine, through its Committee on Human Spaceflight, conducted a review of the goals, core capabilities, and direction of human space flight, and published the findings and recommendations in a 2014 report entitled, “Pathways to Exploration: Rationales and Approaches for a U.S. Program of Human Space Exploration”.
(2)
The Committee on Human Spaceflight included leaders from the aerospace, scientific, security, and policy communities.
(3)
With input from the public, the Committee on Human Spaceflight concluded that many practical and aspirational rationales for human space flight together constitute a compelling case for continued national investment and pursuit of human space exploration toward the horizon goal of Mars.
(4)
According to the Committee on Human Spaceflight, the rationales include economic benefits, national security, national prestige, inspiring students and other citizens, scientific discovery, human survival, and a sense of shared destiny.
(5)
The Committee on Human Spaceflight affirmed that Mars is the appropriate long-term goal for the human space flight program.
(6)
The Committee on Human Spaceflight recommended that NASA define a series of sustainable steps and conduct mission planning and technology development as needed to achieve the long-term goal of placing humans on the surface of Mars.
(7)
Expanding human presence beyond low-Earth orbit and advancing toward human missions to Mars requires early planning and timely decisions to be made in the near-term on the necessary courses of action for commitments to achieve short-term and long-term goals and objectives.
(8)
In addition to the 2014 report described in paragraph (1), there are several independently developed reports or concepts that describe potential Mars architectures or concepts and identify Mars as the long-term goal for human space exploration, including NASA’s “The Global Exploration Roadmap” of 2013, “NASA’s Journey to Mars–Pioneering Next Steps in Space Exploration” of 2015, NASA Jet Propulsion Laboratory’s “Minimal Architecture for Human Journeys to Mars” of 2015, and Explore Mars’ “The Humans to Mars Report 2016”.

SEC. 432. Human Exploration Roadmap.

(a)
Sense of Congress.— It is the sense of Congress that—
(1)
expanding human presence beyond low-Earth orbit and advancing toward human missions to Mars in the 2030s requires early strategic planning and timely decisions to be made in the near-term on the necessary courses of action for commitments to achieve short-term and long-term goals and objectives;
(2)
for strong and sustained United States leadership, a need exists to advance a human exploration roadmap, addressing exploration objectives in collaboration with international, academic, and industry partners;
(3)
an approach that incrementally advances toward a long-term goal is one in which nearer-term developments and implementation would influence future development and implementation; and
(4)
a human exploration roadmap should begin with low-Earth orbit, then address in greater detail progress beyond low-Earth orbit to cis-lunar space, and then address future missions aimed at human arrival and activities near and then on the surface of Mars.
(b)
Human Exploration Roadmap.—
(1)
In general.— The Administrator shall develop a human exploration roadmap, including a critical decision plan, to expand human presence beyond low-Earth orbit to the surface of Mars and beyond, considering potential interim destinations such as cis-lunar space and the moons of Mars.
(2)
Scope.— The human exploration roadmap shall include—
(A)
an integrated set of exploration, science, and other goals and objectives of a United States human space exploration program to achieve the long-term goal of human missions near or on the surface of Mars in the 2030s;
(B)
opportunities for international, academic, and industry partnerships for exploration-related systems, services, research, and technology if those opportunities provide cost-savings, accelerate program schedules, or otherwise benefit the goals and objectives developed under subparagraph (A);
(C)
sets and sequences of precursor missions in cis-lunar space and other missions or activities necessary—
(i)
to demonstrate the proficiency of the capabilities and technologies identified under subparagraph (D); and
(ii)
to meet the goals and objectives developed under subparagraph (A), including anticipated timelines and missions for the Space Launch System and Orion;
(D)
an identification of the specific capabilities and technologies, including the Space Launch System, Orion, a deep space habitat, and other capabilities, that facilitate the goals and objectives developed under subparagraph (A);
(E)
a description of how cis-lunar elements, objectives, and activities advance the human exploration of Mars;
(F)
an assessment of potential human health and other risks, including radiation exposure;
(G)
mitigation plans, whenever possible, to address the risks identified in subparagraph (F);
(H)
a description of those technologies already under development across the Federal Government or by other entities that facilitate the goals and objectives developed under subparagraph (A);
(I)
a specific process for the evolution of the capabilities of the fully integrated Orion with the Space Launch System and a description of how these systems facilitate the goals and objectives developed under subparagraph (A) and demonstrate the capabilities and technologies described in subparagraph (D);
(J)
a description of the capabilities and technologies that need to be demonstrated or research data that could be gained through the utilization of the ISS and the status of the development of such capabilities and technologies;
(K)
a framework for international cooperation in the development of all capabilities and technologies identified under this section, including an assessment of the risks posed by relying on international partners for capabilities and technologies on the critical path of development;
(L)
a process for partnering with nongovernmental entities using Space Act Agreements or other acquisition instruments for future human space exploration; and
(M)
include information on the phasing of planned intermediate destinations, Mars mission risk areas and potential risk mitigation approaches, technology requirements and phasing of required technology development activities, the management strategy to be followed, related ISS activities, planned international collaborative activities, potential commercial contributions, and other activities relevant to the achievement of the goal established in this section.
(3)
Considerations.— In developing the human exploration roadmap, the Administrator shall consider—
(A)
using key exploration capabilities, namely the Space Launch System and Orion;
(B)
using existing commercially available technologies and capabilities or those technologies and capabilities being developed by industry for commercial purposes;
(C)
establishing an organizational approach to ensure collaboration and coordination among NASA’s Mission Directorates under section 821, when appropriate, including to collect and return to Earth a sample from the Martian surface;
(D)
building upon the initial uncrewed mission, EM–1, and first crewed mission, EM–2, of the Space Launch System and Orion to establish a sustainable cadence of missions extending human exploration missions into cis-lunar space, including anticipated timelines and milestones;
(E)
developing the robotic and precursor missions and activities that will demonstrate, test, and develop key technologies and capabilities essential for achieving human missions to Mars, including long-duration human operations beyond low-Earth orbit, space suits, solar electric propulsion, deep space habitats, environmental control life support systems, Mars lander and ascent vehicle, entry, descent, landing, ascent, Mars surface systems, and in-situ resource utilization;
(F)
demonstrating and testing 1 or more habitat modules in cis-lunar space to prepare for Mars missions;
(G)
using public-private, firm fixed-price partnerships, where practicable;
(H)
collaborating with international, academic, and industry partners, when appropriate;
(I)
any risks to human health and sensitive onboard technologies, including radiation exposure;
(J)
any risks identified through research outcomes under the NASA Human Research Program’s Behavioral Health Element; and
(K)
the recommendations and ideas of several independently developed reports or concepts that describe potential Mars architectures or concepts and identify Mars as the long-term goal for human space exploration, including the reports described under section 431.
(4)
Critical decision plan on human space exploration.— As part of the human exploration roadmap, the Administrator shall include a critical decision plan—
(A)
identifying and defining key decisions guiding human space exploration priorities and plans that need to be made before June 30, 2020, including decisions that may guide human space exploration capability development, precursor missions, long-term missions, and activities;
(B)
defining decisions needed to maximize efficiencies and resources for reaching the near, intermediate, and long-term goals and objectives of human space exploration; and
(C)
identifying and defining timelines and milestones for a sustainable cadence of missions beginning with EM–3 for the Space Launch System and Orion to extend human exploration from cis-lunar space to the surface of Mars.
(5)
Reports.—
(A)
Initial human exploration roadmap.— The Administrator shall submit to the appropriate committees of Congress—
(i)
an initial human exploration roadmap, including a critical decision plan, before December 1, 2017; and
(ii)
an updated human exploration roadmap periodically as the Administrator considers necessary but not less than biennially.
(B)
Contents.— Each human exploration roadmap under this paragraph shall include a description of—
(i)
the achievements and goals accomplished in the process of developing such capabilities and technologies during the 2-year period prior to the submission of the human exploration roadmap; and
(ii)
the expected goals and achievements in the following 2- year period.
(C)
Submission with budget.— Each human exploration roadmap under this section shall be included in the budget for that fiscal year transmitted to Congress under section 1105(a) of title 31, United States Code.

SEC. 433. Advanced Space Suit Capability.

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

SEC. 434. Asteroid Robotic Redirect Mission.

(a)
Findings.— Congress makes the following findings:
(1)
NASA initially estimated that the Asteroid Robotic Redirect Mission would launch in December 2020 and cost no more than $1,250,000,000, excluding launch and operations.
(2)
On July 15, 2016, NASA conducted its Key Decision Point–B review of the Asteroid Robotic Redirect Mission or approval for Phase B in mission formulation.
(3)
During the Key Decision Point–B review, NASA estimated that costs have grown to $1,400,000,000 excluding launch and operations for a launch in December 2021 and the agency must evaluate whether to accept the increase or reduce the Asteroid Robotic Redirect Mission’s scope to stay within the cost cap set by the Administrator.
(4)
In April 2015, the NASA Advisory Council—
(A)
issued a finding that—
(i)
high-performance solar electric propulsion will likely be an important part of an architecture to send humans to Mars; and
(ii)
maneuvering a large test mass is not necessary to provide a valid in-space test of a new solar electric propulsion stage;
(B)
determined that a solar electric propulsion mission will contribute more directly to the goal of sending humans to Mars if the mission is focused entirely on development and validation of the solar electric propulsion stage; and
(C)
determined that other possible motivations for acquiring and maneuvering a boulder, such as asteroid science and planetary defense, do not have value commensurate with their probable cost.
(5)
The Asteroid Robotic Redirect Mission is competing for resources with other critical exploration development programs, including the Space Launch System, Orion, commercial crew, and a habitation module.
(6)
In 2014, the NASA Advisory Council recommended that NASA conduct an independent cost and technical assessment of the Asteroid Robotic Redirect Mission.
(7)
In 2015, the NASA Advisory Council recommended that NASA preserve the following key objectives if the program needed to be descoped:
(A)
Development of high power solar electric propulsion.
(B)
Ability to maneuver in a low gravity environment in deep space.
(8)
In January 2015 and July 2015, the NASA Advisory Council expressed its concern to NASA about the potential for growing costs for the program and highlighted that choices would need to be made about the program’s content.
(b)
Sense of Congress.— It is the sense of Congress that—
(1)
the technological and scientific goals of the Asteroid Robotic Redirect Mission have not been demonstrated to Congress to be commensurate with the cost; and
(2)
alternative missions may provide a more cost effective and scientifically beneficial means to demonstrate the technologies needed for a human mission to Mars that would otherwise be demonstrated by the Asteroid Robotic Redirect Mission.
(c)
Evaluation and Report.— Not later than 180 days after the date of enactment of this Act, the Administrator shall—
(1)
conduct an evaluation of—
(A)
alternative approaches to the Asteroid Robotic Redirect Mission for demonstrating the technologies and capabilities needed for a human mission to Mars that would otherwise be demonstrated by the Asteroid Robotic Redirect Mission;
(B)
the scientific and technical benefits of the alternative approaches under subparagraph (A) to future human space exploration compared to scientific and technical benefits of the Asteroid Redirect Robotic Mission;
(C)
the commercial benefits of the alternative approaches identified in subparagraph (A), including the impact on the development of domestic solar electric propulsion technology to bolster United States competitiveness in the global marketplace; and
(D)
a comparison of the estimated costs of the alternative approaches identified in subparagraph (A); and
(2)
submit to the appropriate committees of Congress a report on the evaluation under paragraph (1), including any recommendations.

SEC. 435. Mars 2033 Report.

(a)
In General.— Not later than 120 days after the date of enactment of this Act, the Administrator shall contract with an independent, non-governmental systems engineering and technical assistance organization to study a Mars human space flight mission to be launched in 2033.
(b)
Contents.— The study shall include—
(1)
a technical development, test, fielding, and operations plan using the Space Launch System, Orion, and other systems to successfully launch such a Mars human space flight mission by 2033;
(2)
an annual budget profile, including cost estimates, for the technical development, test, fielding, and operations plan to carry out a Mars human space flight mission by 2033; and
(3)
a comparison of the annual budget profile to the 5-year budget profile contained in the President’s budget request for fiscal year 2017 under section 1105 of title 31, United States Code.
(c)
Report.— Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report on the study, including findings and recommendations regarding the Mars 2033 human space flight mission described in subsection (a).
(d)
Assessment.— Not later than 60 days after the date the report is submitted under subsection (c), the Administrator shall submit to the appropriate committees of Congress an assessment by the NASA Advisory Council of whether the proposal for a Mars human space flight mission to be launched in 2033 is in the strategic interests of the United States in space exploration.

Subtitle D TREAT Astronauts Act

SEC. 441. Short Title.

This subtitle may be cited as the “To Research, Evaluate, Assess, and Treat Astronauts Act” or the “TREAT Astronauts Act”.

SEC. 442. Findings; Sense of Congress.

(a)
Findings.— Congress makes the following findings:
(1)
Human space exploration can pose significant challenges and is full of substantial risk, which has ultimately claimed the lives of 24 NASA astronauts serving in the line of duty.
(2)
As United States government astronauts participate in long-duration and exploration space flight missions they may experience increased health risks, such as vision impairment, bone demineralization, and behavioral health and performance risks, and may be exposed to galactic cosmic radiation. Exposure to high levels of radiation and microgravity can result in acute and long-term health consequences that can increase the risk of cancer and tissue degeneration and have potential effects on the musculoskeletal system, central nervous system, cardiovascular system, immune function, and vision.
(3)
To advance the goal of long-duration and exploration space flight missions, United States government astronaut Scott Kelly participated in a 1-year twins study in space while his identical twin brother, former United States government astronaut Mark Kelly, acted as a human control specimen on Earth, providing an understanding of the physical, behavioral, microbiological, and molecular reaction of the human body to an extended period of time in space.
(4)
Since the Administration currently provides medical monitoring, diagnosis, and treatment for United States government astronauts during their active employment, given the unknown long-term health consequences of long-duration space exploration, the Administration has requested statutory authority from Congress to provide medical monitoring, diagnosis, and treatment to former United States government astronauts for psychological and medical conditions associated with human space flight.
(b)
Sense of Congress.— It is the sense of Congress that—
(1)
the United States should continue to seek the unknown and lead the world in space exploration and scientific discovery as the Administration prepares for long-duration and exploration space flight in deep space and an eventual mission to Mars;
(2)
data relating to the health of astronauts will become increasingly valuable to improving our understanding of many diseases humans face on Earth;
(3)
the Administration should provide the type of monitoring, diagnosis, and treatment described in subsection (a) only for conditions the Administration considers unique to the training or exposure to the space flight environment of United States government astronauts and should not require any former United States Government astronauts to participate in the Administration’s monitoring;
(4)
such monitoring, diagnosis, and treatment should not replace a former United States government astronaut’s private health insurance;
(5)
expanded data acquired from such monitoring, diagnosis, and treatment should be used to tailor treatment, inform the requirements for new space flight medical hardware, and develop controls in order to prevent disease occurrence in the astronaut corps; and
(6)
the 340-day space mission of Scott Kelly aboard the ISS—
(A)
was pivotal for the goal of the United States for humans to explore deep space and Mars as the mission generated new insight into how the human body adjusts to weightlessness, isolation, radiation, and the stress of long-duration space flight; and
(B)
will help support the physical and mental well-being of astronauts during longer space exploration missions in the future.

SEC. 443. Medical Monitoring and Research Relating to Human Space Flight.

(a)
In General.— Subchapter III of chapter 201 of title 51, United States Code, as amended by section 305 of this Act, is further amended by adding at the end the following:

Ҥ 20149. Medical monitoring and research relating to human space flight

“(a) In General.—Notwithstanding any other provision of law, the Administrator may provide for—

“(1) the medical monitoring and diagnosis of a former United States government astronaut or a former payload specialist for conditions that the Administrator considers potentially associated with human space flight; and

“(2) the treatment of a former United States government astronaut or a former payload specialist for conditions that the Administrator considers associated with human space flight, including scientific and medical tests for psychological and medical conditions.

“(b) Requirements.—

“(1) No cost sharing.—The medical monitoring, diagnosis, or treatment described in subsection (a) shall be provided without any deductible, copayment, or other cost sharing obligation.

“(2) Access to local services.—The medical monitoring, diagnosis, and treatment described in subsection (a) may be provided by a local health care provider if it is unadvisable due to the health of the applicable former United States government astronaut or former payload specialist for that former United States government astronaut or former payload specialist to travel to the Lyndon B. Johnson Space Center, as determined by the Administrator.

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

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

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

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

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

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

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

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

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

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

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

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

(b)
Table of Contents.— The table of contents for chapter 201 of title 51, United States Code, as amended by section 305 of this Act, is further amended by inserting after the item relating to section 20148 the following:

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

(c)
Annual Reports.—
(1)
In general.— Each fiscal year, not later than the date of submission of the President’s annual budget request for that fiscal year under section 1105 of title 31, United States Code, the Administrator shall publish a report, in accordance with applicable Federal privacy laws, on the activities of the Administration under section 20149 of title 51, United States Code.
(2)
Contents.— Each report under paragraph (1) shall include a detailed cost accounting of the Administration’s activities under section 20149 of title 51, United States Code, and a 5-year budget estimate.
(3)
Submission to congress.— The Administrator shall submit to the appropriate committees of Congress each report under paragraph (1) not later than the date of submission of the President’s annual budget request for that fiscal year under section 1105 of title 31, United States Code.
(d)
Cost Estimate.—
(1)
Requirement.— Not later than 90 days after the date of enactment of this Act, the Administrator shall enter into an arrangement with an independent external organization to undertake an independent cost estimate of the cost to the Administration and the Federal Government to implement and administer the activities of the Administration under section 20149 of title 51, United States Code. The independent external organization may not be a NASA entity, such as the Office of Safety and Mission Assurance.
(2)
Submittal to congress.— Not later than 1 year after the date of the enactment of this Act, the Administrator shall submit to the appropriate committees of Congress the independent cost estimate under paragraph (1).
(e)
Privacy Study.—
(1)
Study.— The Administrator shall carry out a study on any potential privacy or legal issues related to the possible sharing beyond the Federal Government of data acquired under the activities of the Administration under section 20149 of title 51, United States Code.
(2)
Report.— Not later than 270 days after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report containing the results of the study carried out under paragraph (1).
(f)
Inspector General Audit.— The Inspector General of NASA shall periodically audit or review, as the Inspector General considers necessary to prevent waste, fraud, and abuse, the activities of the Administration under section 20149 of title 51, United States Code.