U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 

1 

69–010 

" ! SENATE 

114TH CONGRESS

2d Session 

REPORT

2016

114–390 

Calendar No. 696 

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION TRANSITION AUTHORIZATION ACT OF 2016 

R E P O R T 

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION 

ON

S. 3346 

DECEMBER 5, 2016.—Ordered to be printed 


SSpencer on DSK4SPTVN1PROD with REPORTSE:\Seals\Congress.#13
(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED FOURTEENTH CONGRESS

SECOND SESSION

JOHN THUNE, South Dakota, Chairman 

ROGER F. WICKER, Mississippi BILL NELSON, Florida 

ROY BLUNT, Missouri MARIA CANTWELL, Washington 

MARCO RUBIO, Florida CLAIRE MCCASKILL, Missouri 

KELLY AYOTTE, New Hampshire AMY KLOBUCHAR, Minnesota 

TED CRUZ, Texas RICHARD BLUMENTHAL, Connecticut 

DEB FISCHER, Nebraska BRIAN SCHATZ, Hawaii5 

JERRY MORAN, Kansas ED MARKEY, Massachusetts 

DAN SULLIVAN, Alaska CORY BOOKER, New Jersey 

RON JOHNSON, Wisconsin TOM UDALL, New Mexico 

DEAN HELLER, Nevada JOE MANCHIN, West Virginia 

CORY GARDNER, Colorado GARY PETERS, Michigan 

STEVE DAINES, Montana 

NICK ROSSI, Staff Director 

ADRIAN ARNAKIS, Deputy Staff Director 

JASON VAN BEEK, General Counsel 

KIM LIPSKY, Democratic Staff Director 

CHRISTOPHER DAY, Democratic Deputy Staff Director 

CLINT ODOM, Democratic General Counsel 


SSpencer on DSK4SPTVN1PROD with REPORTS
Calendar No. 696 

114TH CONGRESS REPORT " ! SENATE 2d Session 114–390 

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 

TRANSITION AUTHORIZATION ACT OF 2016 

DECEMBER 5, 2016.—Ordered to be printed 

Mr. THUNE, from the Committee on Commerce, Science, and 

Transportation, submitted the following 

R E P O R T 

[To accompany S. 3346] 

The Committee on Commerce, Science, and Transportation, to 

which was referred the bill (S. 3346) to authorize the programs of 

the National Aeronautics and Space Administration, and for other 

purposes, having considered the same, reports favorably thereon 

with an amendment (in the nature of a substitute) and recommends that the bill (as amended) do pass. 

PURPOSE OF THE BILL

The purpose of S. 3346 is to address concerns related to potential 

instability at the National Aeronautics and Space Administration 

(NASA) during a presidential transition and to provide direction to 

the agency to continue to pursue current commitments and investments. The bill would reaffirm key policies and authorities to advance space exploration and science with an overall authorization 

level of $19.508 billion for fiscal year (FY) 2017. 

BACKGROUND AND NEEDS

As NASA prepares to transition from one presidential administration to the next, this bill would provide timely reaffirmation of 

congressional support for sustaining a national, Government-led 

space program. Challenges related to past unilateral shifts in 

NASA core programs disrupted progress in U.S. human space exploration. This bill would provide stability and consistency of legislative direction for the agency. This includes continuing development of the Space Launch System (SLS) and Orion for deep space 

exploration, continuing development of the James Webb Space TelVerDate Sep 11 2014 23:48 Dec 06, 2016 Jkt 069010 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\SR390.XXX SR390

SSpencer on DSK4SPTVN1PROD with REPORTS
2 

1 NASA Human Exploration and Operations Mission Directorate, ‘‘FY 2015 Program Review,’’ 

p.3, March 2014. 2 NASA Authorization Act of 2010. P.L. 111-267. Sections 401-402, at http://www.nasa.gov/pdf/ 

649377mainlPLl111-267.pdf. 3 NASA Commercial Crew and Cargo Program Office, ‘‘Overview,’’ at http://www.nasa.gov/offices/c3po/home/#.U78CUPldURo. 4Sierra Nevada Corporation, ‘‘NASA Selects Sierra Nevada Corporation’s Dream Chaser® 

Spacecraft for Commercial Resupply Services 2 Contract,’’ N.p., January 14, 2016, at http:// 

www.sncorp.com/AboutUs/NewsDetails/2754. 

escope (JWST), and the continued operation of the International 

Space Station (ISS). 

Since Congress enacted the NASA Authorization Act of 2010 (42 

U.S.C. 18301 et seq.; 2010 Act), there has been significant progress 

in developing the authorized capabilities, including the SLS and 

Orion. NASA continues to build on the success of the Commercial 

Resupply Services Program (CRS Program) to deliver cargo to the 

ISS. Additionally, NASA is working with private sector companies 

as part of the Commercial Crew Program to develop launch vehicles that will transport United States government astronauts to the 

ISS from U.S. soil for the first time since the retirement of the 

Space Shuttle. This would reduce reliance on United States government astronauts traveling to the ISS via the Russian Soyuz spacecraft. 

International Space Station 

For 15 years, the ISS has operated continuously, serving as a key 

testbed for space exploration, and since 2010, as a National Laboratory for scientific discovery. The U.S. Commercial Space Launch 

Competitiveness Act (Public Law 114–90; 129 Stat. 704), enacted 

on November 25, 2015, directs NASA to take necessary steps to extend the life of the ISS until 2024.1 The NASA Transition Authorization Act of 2016 would support continued operations of the ISS, 

building on the success of the CRS Program, and continued development of the Commercial Crew Program. 

NASA’s Commercial Resupply Services Program and Commercial Crew Program 

Part of NASA’s current balanced approach to space exploration 

is the development of vehicles for both commercial and Government 

missions. NASA has partnered with the commercial space industry 

for cargo and crew delivery to the ISS as part of both the CRS Program and Commercial Crew Program.2 To address the cargo resupply needs, NASA initiated the Commercial Orbital Transportation 

Services Program (COTS Program) in 2006 to partner with commercial aerospace companies to develop orbital transportation services for delivering cargo to the ISS. The COTS Program resulted 

in two companies, Space Exploration Technologies (SpaceX) and 

Orbital ATK, developing two new U.S. launch vehicles and two 

automated cargo spacecraft that currently are providing orbital 

transportation services and are supplying cargo to the ISS under 

the CRS Program.3 In addition, on January 14, 2016, NASA awarded three CRS-2 contracts to SpaceX, Orbital ATK, and Sierra Nevada Corporation to fulfill the next phase of cargo delivery service 

missions to and from the ISS.4

Since NASA’s retirement of the Space Shuttle fleet in 2011, the 

United States has been entirely dependent on the Russian Soyuz 

spacecraft for transporting astronauts to and from the ISS. This 


SSpencer on DSK4SPTVN1PROD with REPORTS
3 

5Spaceflight Now, ‘‘NASA buys six more seats on Russian Soyuz spacecraft,’’ April 30, 2013, 

at http://spaceflightnow.com/news/n1304/30soyuzcontract/#.UZHK8iIo6Uk. 6 NASA press release, ‘‘NASA Chooses American Companies to Transport U.S. Astronauts to 

the ISS,’’ January 22, 2015, at http://www.nasa.gov/press/2014/september/nasa-chooses-american-companies-to-transport-us-astronauts-to-international/#.VNuRY514qX8. 7 NASA, Exploration Systems Development, at http://www.nasa.gov/sites/default/files/files/ 

ESDlFactSheetlTAGGED.pdf. 8 U.S. Congress, Subcommittee on Space, House Committee on Science, Space, and Technology, Testimony of NASA Administrator Charles Bolden, March 27, 2014, H. Hrg. 113-70, at 

http://science.house.gov/sites/republicans.science.house.gov/files/documents/HHRG-113-SY16- 

WState-CBolden-20140327.pdf. 

costs the United States upwards of $70 million per seat.5 Ultimately, the COTS Program also envisioned the development of a 

crew transportation service, and that effort formed the basis of the 

Commercial Crew Program. On September 16, 2014, NASA announced awards to Boeing and SpaceX to further develop crewed 

launch and in-space transportation services to the ISS.6 Once U.S. 

commercial partners are able to provide access to low-Earth orbit 

(LEO) and the ISS for crew, NASA could transport United States 

government astronauts and reduce its reliance on the Russian 

Soyuz. 

Space Launch System and Orion 

As U.S.-based commercial space companies focus on developing 

and improving capabilities for transportation to and from the ISS, 

NASA is developing the capabilities for exploration of deep space. 

To that end, the agency has been developing the heavy-lift SLS 

rocket and the Orion. The SLS program is proceeding in development and will utilize key hardware from the Space Shuttle program, the most recognizable of which are a variant of the sidemounted solid rocket boosters for the first phase of flight. Once 

completed as designed, the Orion will be able to transport four 

crew to deep space. The first test flight of the Orion, Exploration 

Flight Test 1, was successfully completed on December 5, 2014. 

The first flight of the SLS with an uncrewed Orion is anticipated 

in November 2018. Once ready, the test flight, dubbed Exploration 

Mission-1 (EM-1), is planned to demonstrate the capability of both 

the SLS rocket and Orion as an integrated system. Then, in 2021, 

the first manned mission for SLS and Orion is scheduled to launch 

along the same trajectory as EM-1, to a lunar flyby, bringing the 

crew to space for up to two weeks.7 This heavy-lift rocket will have 

more than two and one half times the lift capability of any rocket 

currently in operation, and 20 percent more thrust than the Saturn 

V rocket used during the Apollo era. The SLS and Orion will enable space exploration beyond LEO for the first time since the 

1970s. 

Exploration Strategy 

NASA’s current human space exploration plan is to extend 

human presence into deep space and on to Mars, including a mission to explore a near-Earth asteroid, while continuing to develop 

both commercial cargo and commercial crew capabilities.8 The current long-term goal for NASA’s exploration program is to ultimately send humans to Mars by the 2030s. In doing so, NASA expects that our human and robotic explorers will expand our knowledge and discover the potential for life beyond Earth. 


SSpencer on DSK4SPTVN1PROD with REPORTS
4 

According to NASA, the agency is implementing a multiple destination exploration strategy using a ‘‘capability driven approach.’’ 

The strategy is intended to enable the incremental buildup of capabilities over time to reach further into deep space and develop the 

sustainable architectures for more complex missions, such as a 

human mission to Mars. 

SUMMARY OF PROVISIONS

This bill would authorize funding levels for all of NASA, but 

focus on policy direction designed to send a message of congressional support to sustain our existing national space commitments 

and investments. Matters not specifically addressed in S. 3346 

defer to existing policy direction contained in the 2010 Act and title 

51 of the United States Code (relating to National and Commercial 

Space Programs). The bill is arranged thematically by title to cover 

key transition issues rather than by the more traditional organization by NASA’s mission directorates. 

Sustaining national space commitments 

To address the main theme, sustaining national space commitments, the bill would address concerns related to instability at the 

agency during a presidential transition. The bill would reaffirm key 

policies and authorities to advance space exploration and science 

with an overall authorization level of $19.508 billion for FY 2017. 

The bill also would direct the continued development of SLS and 

Orion crew for deep space exploration, operation of the ISS and 

JWST, and a continued commitment to a national, Government-led, 

space program. 

Maximizing utilization of the International Space Station 

and low-Earth orbit 

To address maximizing utilization of the ISS and LEO, the bill 

would support continued operations of the ISS and ISS National 

Laboratory. The bill also would build on the success of the CRS 

Program, and direct continued development of the Commercial 

Crew Program. Additionally, the bill would require NASA to submit a report to Congress outlining an ISS Transition Plan, to facilitate a transformation of Government operations in LEO to a more 

commercially viable concept of operations sometime in the future. 

Advancing human deep space exploration 

To address human deep space exploration, the bill would direct 

NASA to continue the development of the key deep space exploration programs. The bill would support continuing the development of SLS and Orion, including specific milestones for an 

uncrewed exploration mission by 2018, and a crewed exploration 

mission by 2021. 

The bill also would require NASA to submit a plan to Congress 

on a strategic framework and critical decision plan on extending 

human presence beyond LEO to deep space and eventually to 

Mars, including the cadence of future exploration missions. The bill 

also would amend existing law and direct NASA to manage human 

space flight programs to enable humans to explore Mars and other 

destinations. Amid growing costs and concerns about the Asteroid 

Robotic Redirect Mission (ARRM), the bill would direct NASA to 


SSpencer on DSK4SPTVN1PROD with REPORTS
5 

provide an evaluation of alternative approaches, in addition to 

ARRM, for demonstrating technologies and capabilities needed for 

a human mission to Mars. 

To address the long-term effects of space on astronaut’s health, 

the bill would authorize NASA to provide for the medical monitoring, diagnosis, and treatment of astronauts, including scientific 

and medical tests for psychological and medical conditions, deemed 

by NASA to be associated with human space flight. The bill also 

would recognize insights gained from United States government astronaut Scott Kelly’s 340-day space mission aboard the ISS. 

Advancing space science 

To address advancing space science, the bill would continue 

progress on a balanced science portfolio, including the JWST, WideField Infrared Survey Telescope (WFIRST), Mars 2020 Rover, and 

a Europa mission. 

Maximizing efficiency and improving cybersecurity 

To maximize efficiency, the bill would direct steps to improve 

agency-wide management and oversight over information technology operations and investments and information security programs for the protection of NASA systems. The bill also would implement a number of Office of Inspector General and Government 

Accountability Office (GAO) identified deficiencies. Additionally, 

the bill would improve inter-disciplinary collaboration and planning 

across NASA’s mission directorates to maximize outcomes for 

projects or missions. 

To improve cybersecurity, the bill would require the Administrator of NASA to develop an agency-wide security plan. The bill 

also would require the Administrator of NASA to ensure the NASA 

Chief Information Officer (NASA CIO) has a significant role in relevant management and oversight. 

LEGISLATIVE HISTORY

On September 15, 2016, S. 3346, the National Aeronautics and 

Space Administration Transition Authorization Act of 2016, was introduced and was referred to the Committee on Commerce, Science, 

and Transportation of the Senate. S. 3346 is sponsored by Senator 

Cruz and cosponsored by Senators Nelson, Rubio, Peters, Wicker, 

Udall, Thune, Cantwell, and Murray. 

The Committee held a related hearing entitled ‘‘NASA at a 

Crossroads: Reasserting American Leadership in Space Exploration’’ on July 13, 2016, and received testimony from: Mr. William 

H. Gerstenmaier, Associate Administrator of Human Exploration 

and Operations, NASA; Dr. Mary Lynne Dittmar, Executive Director, Coalition for Deep Space Exploration; Mr. Mike Gold, Vice 

President of Washington Operations, SSL; Mr. Mark Sirangelo, 

Vice President of Space Systems Group, Sierra Nevada Corporation; and Professor Dan Dumbacher, Professor of Engineering Practice, Purdue University. The hearing focused on the importance of 

ensuring consistency in policy to best leverage investments made in 

human space exploration. The hearing also explored questions facing the agency related to the upcoming presidential transition. 

A related bill, H.R. 810, the National Aeronautics and Space Administration Authorization Act of 2015, was introduced in the 


SSpencer on DSK4SPTVN1PROD with REPORTS
6 

House of Representatives on February 9, 2015, by Representatives 

Palazzo, Edwards, Smith, Johnson, and Brooks. H.R. 810 would 

provide funding levels for FY 2015 and is largely based on a measure introduced by the Committee on Science, Space, and Technology of the House of Representatives in a prior Congress. That 

committee did not mark up the measure. The House of Representatives passed H.R. 810 by voice vote on February 10, 2015. 

Subsequently in the House of Representatives, H.R. 2039, the 

National Aeronautics and Space Administration Authorization Act 

for 2016 and 2017, was introduced by Representatives Palazzo, 

Smith, Culberson, Lucas, Bridenstine, Weber, Loudermilk, Rohrabacher, McCaul, Hultgren, Moolenaar, Knight, Babin, Comstock, 

Brooks, Johnson, and Posey on April 28, 2015. This bill was favorably reported out of the Committee on Science, Space, and Technology of the House of Representatives on April 30, 2015, by a vote 

of 19-15. H.R. 2039 was not considered by the full House of Representatives. 

On September 21, 2016, the Committee on Commerce, Science, 

and Transportation of the Senate met in open Executive Session to 

consider S. 3346, and ordered, by voice vote, the bill to be reported 

favorably with an amendment (in the nature of a substitute). 

Several amendments were adopted by voice vote. Senator 

Blumenthal sponsored an amendment, as modified, which would 

alter the provision on advanced space suit capability. Senators 

Cruz and Nelson sponsored two amendments: one to make a few 

exploration-related changes; and the other to authorize NASA to 

indemnify certain launch providers for missions that are not licensed commercially by the Federal Aviation Administration and 

thus are not afforded the indemnification regime under the Commercial Space Launch Act (Public Law 98–575; 98 Stat. 3055). Senator Gardner sponsored two amendments: one amendment, as 

modified, to provide for the leveraging of commercial satellite servicing capabilities across NASA mission directorates; and the other 

amendment, as modified, to improve the provision in the bill on the 

strategic framework for human spaceflight and exploration. Senators Nelson, Cruz, and Rubio sponsored an amendment to improve 

the section of the bill on commercial space launch cooperation. Senator Udall sponsored an amendment, as modified, to expand the development of technology payloads for scientific research. There 

were no second degree amendments. 

ESTIMATED COSTS

In accordance with paragraph 11(a) of rule XXVI of the Standing 

Rules of the Senate and section 403 of the Congressional Budget 

Act of 1974, the Committee provides the following cost estimate, 

prepared by the Congressional Budget Office: 

S. 3346—National Aeronautics and Space Administration Transition Authorization Act of 2016 

Summary: S. 3346 would amend current law and authorize the 

appropriation of $19.5 billion in 2017 for the National Aeronautics 

and Space Administration (NASA). The legislation would reaffirm 

existing policy regarding use of the International Space Station 

(ISS) and would require NASA to develop a transition plan that 

would enable greater participation in the ISS and low-earth orbit 


SSpencer on DSK4SPTVN1PROD with REPORTS
7 

by NASA’s industry partners and additional partner countries. It 

also would require NASA to develop propulsion technologies intended to reduce travel time to Mars and a strategic framework for 

human space flight to Mars. 

Assuming appropriation of the specified amount, CBO estimates that implementing the legislation would cost $19.4 billion over the 

2017–2021 period. 

CBO also estimates that enacting the legislation would increase net direct spending by $35 million over the 2017–2026 period; 

therefore, pay-as-you-go procedures apply. Enacting the bill would 

not affect revenues. 

CBO estimates that enacting the bill would not increase net di- rect spending or on-budget deficits by more than $5 billion in any 

of the four consecutive 10-year periods beginning in 2027. 

S. 3346 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) 

and would impose no costs on state, local, or tribal governments. 

Estimated cost to the Federal Government: The estimated budgetary effect of S. 3346 is shown in the following table. The costs 

of this legislation fall within budget function 250 (general science, 

space, and technology). 

By fiscal year, in millions of dollars— 

2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2017– 

2021 

2017– 

2026 

INCREASES IN SPENDING SUBJECT TO APPROPRIATION 

Estimated Authorization Level ......... 19,509 0 0 0 0 0 0 0 0 0 19,509 19,509 

Estimated Outlays ........................... 12,266 5,917 947 233 79 0 0 0 0 0 19,442 19,442 

INCREASES IN DIRECT SPENDING 

Estimated Budget Authority ............ 0 2 3 4 4 5 5 5 6 6 13 40 

Estimated Outlays ........................... 0 1 2 3 4 4 5 5 5 6 10 35 

Basis of estimate: For this estimate, CBO assumes S. 3346 will 

be enacted before the end of calendar year 2016 and that the necessary amounts will be appropriated for that year. Estimated outlays are based on historical spending patterns for existing programs. 

Spending subject to appropriation 

S. 3346 would authorize appropriations totaling $19.5 billion to 

finance the activities of NASA for fiscal year 2017. In 2016, NASA 

received an appropriation of $19.3 billion. Based on historical 

spending patterns, CBO estimates that implementing the bill 

would cost $19.4 billion over the 2017–2021 period. Specifically, the 

bill would authorize appropriations for the following activities: 

• $5.4 billion for programs under NASA’s Science account. In 

2016, those programs received an appropriation of $5.6 billion; 

• $4.5 billion for NASA activities related to space exploration. In 2016, exploration programs received an appropriation of $4.0 billion; 

• $5.0 billion for programs within space operations. In 2016, 

those programs received an appropriation of $5.0 billion; 

• $2.8 billion for NASA expenses related to safety, security, 

and mission services. Those programs received an appropriation of $2.8 billion in 2016; and 


SSpencer on DSK4SPTVN1PROD with REPORTS
8 

1See Kennedy Space Center, Future Development Concept, 2012–2031, p. 17. http:// 

www.nasa.gov/centers/kennedv/pdf/634026main_future-concept.pdf. 2See Space Florida, Florida Economic Development Financing and Incentives Available to 

Aerospace Companies, June, 2013. http://www.spaceflorida.gov/docs/fact-sheets/florida-economic-development-incentives-update-6-4-2013.pdf?sfvrsn=2. 

• $1.8 billion in 2017 for other NASA activities, including 

aeronautics, space technology, education, construction and environmental compliance and restoration, and the NASA inspector general. In 2016, those programs received appropriations 

totaling $1.9 billion. 

Direct spending 

By authorizing private parties to provide funds or other in-kind 

support for improvements to NASA’s space transportation infrastructure, CBO estimates that enacting S. 3346 would increase direct spending by $40 million over the next 10 years. Provisions of 

the bill that would modify NASA’s authority to indemnify contractors for certain losses also could affect direct spending, but CBO estimates that any such effects would not be significant over the 10- 

year period. 

Financing of Space Transportation Infrastructure. Section 

623 would authorize NASA to accept funds, services, and equipment from nonfederal entities for improvements to the agency’s 

space transportation infrastructure. Agreements with nonfederal 

entities would be subject to various conditions, including criteria focused on promoting greater use of NASA’s facilities by the private 

sector, requirements for documenting the ownership and usage 

rights for the affected assets or services, restrictions on investors’ 

ability to directly recover their costs from the government, and directives for NASA to treat such cash or in-kind investments in a 

manner consistent with existing laws regarding the sale or use of 

space transportation property or services. 

Based on information from NASA, CBO expects that this new authority would primarily be used at the Kennedy Space Center 

(KSC) in Florida and the Wallops Flight Facility in Virginia. 

NASA’s strategic plans for those sites call for NASA to retain ownership and control over the land and key assets but to gradually 

shift operational and financial responsibility for most space launch 

services to nonfederal entities.1 As part of that transition, NASA 

has transferred certain launch pads, buildings, and services to the 

states and private-sector firms by exercising its existing leasing 

and contractual authorities. Reports on aeronautical facilities in 

Florida suggest that nonfederal entities are able to obtain financing 

for projects at such sites when they can secure the debt with 

project cash flows, liens on assets, or assignments of rights to use 

federal facilities, where applicable.2

CBO expects that the authorities provided by section 623 would 

be used for projects that could not be implemented using NASA’s 

existing authorities to obtain financing; such projects would probably involve infrastructure or services that are owned or controlled 

by NASA with the new agreements providing the contractual assurances necessary to allow private partners to secure financing. 

There is a mix of federal and nonfederal uses at KSC and the Wallops Flight Facility and CBO estimates that federal users would receive about half of the benefit of those investments. Although the 


SSpencer on DSK4SPTVN1PROD with REPORTS
9 

3 NASA’s existing authority derives from a 1958 statute regarding national defense contracts 

(Public Law 85–804), which was made applicable to NASA by Executive Order 10789, as amended. 4 If NASA were obligated to pay claims in excess of the amounts available from private insurance and appropriations, CBO assumes that any additional payments would be made from the 

Claims and Judgments Fund. Such spending would be an increase in direct spending. 

legislation would prohibit commercial firms from directly charging 

NASA for the cost of any infrastructure improvements to federal facilities, CBO expects those firms would recover some of their investments from NASA. CBO considers private financing on behalf 

of the federal government for government activities to be similar to 

an agency using federal borrowing authority to improve its physical 

infrastructure. Such indefinite borrowing authority is classified as 

direct spending because funding to cover the full cost of the project 

is not provided in advance in appropriation acts. 

Considering trends in NASA’s capital expenditures and spending 

by private firms on aeronautical facilities, CBO estimates that implementing S. 3346 would increase net direct spending by an average of about $4 million a year, or $35 million over the 2017–2026 

period. Such spending would be equivalent to less than 5 percent 

of the average amounts appropriated for construction-related activities at KSC over the last five years, reflecting CBO’s expectation 

that the legal and financial complexity of these transactions would 

limit their use during this period. That cost also would be less than 

10 percent of the $480 million in financing arranged by the state 

of Florida for aerospace facilities over the 2000–2013 period. 

Indemnification of Launch and Recovery Services. Section 

304 would modify the statutory framework governing NASA’s liability for certain third-party claims stemming from space launch 

or reentry activities that are classified as nuclear or unusually hazardous in nature. CBO estimates that implementing section 304 

would change the allocation of risk to NASA from its contractors 

but would have no significant net effect on direct spending or 

spending subject to appropriation. 

NASA’s existing authority and policy is to indemnify contractors 

involved in activities using nuclear or unusually hazardous materials from any liability that exceeds $500 million per vehicle launch 

or reentry.3 Any federal payments for damage claims made under 

this existing authority are not subject to appropriation. 

Under the bill, NASA could set the liability of its contractors for 

each vehicle launch or reentry at an estimate of the maximum 

probable loss from the launch or reentry, subject to a ceiling of either $500 million or the amount of liability insurance available on 

the world market at a reasonable cost. The bill also would allow 

NASA to limit the government’s liability for third-party claims to 

$3 billion (plus additional amounts to account for future changes 

in inflation). Finally, NASA would initially be required to pay any 

such claims using finds provided in appropriation acts.4

CBO estimates that NASA’s liability for claims of less than $500 

million probably would increase under the bill because firms historically have been required to provide less than $100 million in 

primary insurance when the coverage is based on estimates of the 

maximum probable loss. On the other hand, the bill also would 

allow NASA to limit the government’s liability for third party 

losses to $3 billion. CBO estimates that those changes would have 

no significant net budgetary effect over the 2017–2026 period beVerDate Sep 11 2014 23:48 Dec 06, 2016 Jkt 069010 PO 00000 Frm 00011 Fmt 6659 Sfmt 6602 E:\HR\OC\SR390.XXX SR390

SSpencer on DSK4SPTVN1PROD with REPORTS
10 

cause the probability of events leading to significant damage claims 

by third-parties is very small and because private insurance has 

been sufficient to cover previous claims associated with vehicle 

launches and reentries. 

Pay-As-You-Go considerations: The Statutory Pay-As-You-Go Act 

of 2010 establishes budget-reporting and enforcement procedures 

for legislation affecting direct spending or revenues. The net 

changes in outlays that are subject to those pay-as-you-go procedures are shown in the following table. 

CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR S. 3346, AS ORDERED REPORTED BY THE 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION ON SEPTEMBER 21, 2016 

By fiscal year, in millions of dollars— 

2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2017– 

2021 

2017– 

2026 

NET INCREASE IN THE DEFICIT 

Statutory Pay-As-You-Go Impact ............... 0 1 2 3 4 4 5 5 5 6 10 35 

Increase in long-term direct spending and deficits: CBO estimates that enacting the bill would not increase net direct spending 

or on-budget deficits by more than $5 billion in any of the four consecutive 10-year periods beginning in 2027. 

Intergovernmental and private-sector impact: S. 3346 contains no 

intergovernmental or private-sector mandates as defined in UMRA 

and would impose no costs on state, local, or tribal governments. 

Estimate prepared by: Federal costs: Tiffany Arthur and Kathleen Gramp; Impact on state, local, and tribal governments: Jon 

Sperl; Impact on the private sector: Paige Piper-Bach. 

Estimate approved by: H. Samuel Papenfuss, Deputy Assistant 

Director for Budget Analysis. 

REGULATORY IMPACT

In accordance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee provides the following evaluation of the regulatory impact of the legislation, as reported: 

NUMBER OF PERSONS COVERED

The bill would cover the employees of NASA and a portion of the 

employees at companies that contract with NASA. S. 3346 would 

not expand the number of people affected by Government regulations. Entities participating in NASA programs already participate 

subject to regulations and the Committee does not anticipate expansion of those covered. 

ECONOMIC IMPACT

The bill would authorize additional spending by the Federal Government. Under the bill, authorizations of appropriations for NASA 

for fiscal year 2017 would be $19.508 billion. 

PRIVACY

Recent data breaches at NASA have shown that NASA’s security 

posture is ineffective and that changes are required to protect the 

personal privacy of NASA employees, contractors, and others. 


SSpencer on DSK4SPTVN1PROD with REPORTS
11 

S. 3346 would direct: updated requirements reducing impacts on 

personal privacy based on directives for NASA to update, streamline, and improve its management, governance, and oversight related to information technology operations; and investments and 

information security programs for the protection of NASA systems. 

PAPERWORK

The bill would require NASA to produce 12 reports, plans, and 

evaluations, some of which are updated existing reports, and some 

of which are required annually or periodically based on certain circumstances. 

CONGRESSIONALLY DIRECTED SPENDING

In compliance with paragraph 4(b) of rule XLIV of the Standing 

Rules of the Senate, the Committee provides that no provisions 

contained in the bill, as reported, meet the definition of congressionally directed spending items under the rule. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title; table of contents. 

This section would provide the short title and table of contents 

for the Act. 

Section 2. Definitions. 

This section would provide definitions for key terms used 

throughout the Act. 

Title I – Authorization of appropriations 

Section 101. Fiscal year 2017. 

This section would authorize appropriations for NASA for FY 

2017 at $19.508 billion. 

Title II – Sustaining national space commitments 

Section 201. Sense of Congress on sustaining national space commitments. 

This section would state the sense of Congress that the United 

States should sustain and build upon its national space commitments and investments across presidential administrations with a 

continuity of purpose to advance recent achievements in space exploration and space science. Further, this section would state the 

sense of Congress that: the United States can best leverage its 

space program investments by continuing to develop a balanced 

portfolio for space exploration and space science, including the continued development of the SLS and Orion; and having a national, 

Government-led space program is of critical importance to the 

United States. 

Finally, this section would make clear the sense of Congress that 

NASA is, and should remain, a multi-mission agency with a balanced and robust set of core missions in science, space technology, 

aeronautics, human space flight and exploration, and education. 


SSpencer on DSK4SPTVN1PROD with REPORTS
12 

Section 202. Findings. 

This section would make the finding that challenges of the past 

have: disrupted the completion of major space systems thereby impeding the planning and pursuit of national objectives in human 

space exploration; placed the Nation’s investment in space exploration at risk; and substantially degraded the industrial base for 

aerospace. This section also would make it clear that the 2010 Act 

reflects a broad, bi-partisan agreement on the path forward for 

NASA’s core missions, and serves as the foundation for the policy 

updates found in this Act. Additionally, this section would underscore that Congress finds that it is imperative that the United 

States sustain the investment and maximize the utilization of the 

ISS and ISS National Laboratory, and would highlight the importance of NASA continuing to make progress with the development 

of the Commercial Crew Program and of NASA having a continuity 

of purpose. 

Title III – Maximizing utilization of the ISS and low-Earth orbit 

Section 301. Operation of the ISS. 

This section would state the sense of Congress that: after 15 

years of continuous human presence in LEO, the ISS continues to 

overcome challenges and operate safely; the expansion of partnerships, scientific research, commercial applications, and exploration 

testbed capabilities of the ISS is essential to ensuring the greatest 

return on U.S. investments; the stable and successful Commercial 

Cargo 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 U.S. 

soil into orbit; sustaining U.S. leadership and progress in human 

space exploration is enabled by continuing utilization of the ISS; 

NASA should continue to support the development of the Commercial Crew Program as planned to end 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; and the ISS should continue to provide a platform 

for fundamental microgravity, discovery-based space life and physical sciences research. 

This section also would reaffirm that it is the policy of the 

United States, in consultation with its international partners, to 

support full and complete utilization of the ISS through at least 

2024. 

Section 302. Transportation to ISS. 

This section would state the sense of Congress that: NASA 

should build upon the success of the COTS Program and CRS Program that have allowed private sector companies to partner with 

NASA to deliver cargo and scientific experiments to the ISS since 

2012; and once certified and fully operational, the Commercial 

Crew Program transportation systems should serve as the primary 

means of transporting United States government astronauts and 

international partner astronauts from U.S. soil to and from the 

ISS; and these transportation systems should have the capability 

of serving as ISS emergency crew rescue vehicles. This section also 

would make it clear that it is the sense of Congress that the 21st 


SSpencer on DSK4SPTVN1PROD with REPORTS
13 

Century Launch Complex Program has enabled significant modernization and infrastructure improvements at launch sites across 

the United States and that the program should be continued in a 

manner that leverages State and private investments to achieve 

the goals of the program. 

This section also would state the policy of the United States that 

services for Federal Government access to, and return from, the 

ISS, whenever practicable, shall be procured via fair and open competition for well-defined, milestone-based, Federal Acquisition Regulation-based contracts. This section also would make a technical 

amendment to existing law and direct NASA to protect the safety 

of U.S. crews by ensuring commercial crew systems meet all applicable human rating requirements in accordance with law. 

Section 303. ISS transition plan. 

This section would include the findings of Congress that NASA 

has been both the primary supplier and consumer of human space 

flight capabilities and services of the ISS and in LEO. The section 

would express the sense of Congress that an orderly transition is 

needed for U.S. human space flight activities in LEO from the current regime, that relies heavily on NASA sponsorship, to a regime 

where NASA is one of many customers of a LEO commercial 

human space flight enterprise. 

This section would direct NASA, in coordination with the ISS 

management entity, ISS partners, and the commercial space sector, 

to develop a plan to transition in a step-wise approach from the 

current regime to a regime where NASA is one of many customers 

of a LEO commercial human space flight enterprise. Further, this 

section would require NASA to submit a report to the appropriate 

committees of Congress, not later than December 1, 2017, and triennially thereafter until 2023, that includes an outline of specific 

details of an ISS transition. 

Section 304. Indemnification; NASA launch services and reentry 

services. 

This section would amend subchapter III of chapter 201 of title 

51, United State Code, to grant NASA the authority to indemnify 

contractors providing launch services for the agency for launches 

that are by the Government and for the Government and thus are 

not commercially licensed by the Secretary of Transportation and 

are accordingly not afforded the indemnification protection provided by the United States Government for such launches. The authority would largely mirror the Secretary of Transportation’s existing authority for commercially licensed launches. The section 

would authorize the Administrator of NASA in a contract with a 

provider to indemnify the provider against successful claims 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. Further, this section would describe 

the scope of the indemnification by the United States Government, 

the terms of indemnification, and the required liability insurance 

of the provider. 

The section would require a provider to obtain insurance or demonstrate financial responsibility for the maximum probable losses, 


SSpencer on DSK4SPTVN1PROD with REPORTS
14 

as determined by the Administrator, in an amount not to exceed 

$500 million for third party losses and $100 million for losses by 

the Government, or the maximum liability insurance available on 

the global market at reasonable cost. The section would limit indemnification to the limit on commercial launch indemnification 

provided in section 50915 of title 51, United States Code. The section would require that the insurance policy or demonstration of financial responsibility protect the Government and its personnel 

and related entities, the provider and its related entities, and any 

government astronauts involved in the launch services. 

The section also would require that the Government and provider 

enter into a reciprocal waiver of claims with certain limitations. 

The authority would require that any payment made under the section be certified to be just and reasonable by the Administrator of 

NASA and that such payments be subject to congressional appropriations. The section would clarify that the authority granted does 

not in any way limit the Administrator of NASA from using other 

appropriate authorities to provide indemnification for Government 

contractors. 

Title IV – Advancing human deep space exploration 

Subtitle A – Human exploration goals and objectives 

Section 411. Human exploration long term goals. 

This section would amend existing law regarding the long term 

goals of the human space flight and exploration efforts of NASA. 

The amendment made by this section would add to the long term 

goals of the human space flight and exploration efforts of NASA by 

authorizing the inclusion of academic and industry partners in 

NASA’s efforts to expand permanent human presence beyond LEO. 

The long term goals also would include the peaceful settlement of 

a location in space or on another celestial body and a thriving 

space economy in the 21st Century. 

Section 412. Goals and objectives. 

This section would amend existing law to add the achievement 

of human exploration of Mars, including the establishment of a capability to extend human presence, including potential human habitation, on the surface of Mars, as one of the goals and objectives 

of NASA. 

Section 413. Vision for space exploration. 

This section would amend existing law to direct NASA to manage 

human space flight programs to enable humans to explore Mars 

and other destinations by defining a series of sustainable steps and 

conducting mission planning and research and technology development on a timetable that is technically and fiscally possible. 

Section 414. Exploration plan and programs. 

This section would amend existing law to authorize NASA to implement an exploration research and technology development program to enable human and robotic operations. 


SSpencer on DSK4SPTVN1PROD with REPORTS
15 

Section 415. Stepping stone approach to exploration. 

This section would amend existing law to direct NASA to take 

all necessary steps to ensure that activities in its human exploration program are designed and implemented in a manner that 

gives strong consideration to how those activities might also help 

meet the requirements of future exploration and utilization activities leading to human habitation on the surface of Mars. Further, 

this section would require NASA, within budgetary considerations, 

to seek to complete any exploration-related project, once it has entered its development phase, without delay. 

Subtitle B – Assuring core capabilities for exploration 

Section 421. Space Launch System and Orion. 

This section would include the findings of Congress that NASA 

has made steady progress in developing and testing the SLS and 

Orion exploration systems. It would further state that 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 SLS and Orion. Finally, it would recognize that these programs are meeting mission objectives to modernize NASA’s launch complexes to the benefit of the civil, defense, 

and commercial space sectors. 

This section would express the sense of Congress that the United 

States National Space Program should continue to make progress 

on its commitment by fully developing the SLS, Orion, and related 

exploration ground systems. Further, Congress would express its 

support for NASA providing its contractors with the proper indemnification for launch vehicles, launch vehicle hardware, and launch 

services procured by NASA in support of NASA missions. This 

would include application of indemnification under Public Law 85– 

804 (50 U.S.C. 1431 et seq.) to the SLS and Orion, which are being 

contemplated for a wide range of missions, and would facilitate the 

national defense, science, and exploration objectives of the United 

States. Finally, it would express the sense of Congress that the 

United States should have continuity of purpose for the SLS and 

Orion in deep space exploration missions. 

Further, this section would direct NASA to continue the development of an uncrewed exploration mission to demonstrate the capability of both the SLS and Orion as an integrated system by 2018. 

The section would direct NASA to continue development toward a 

crewed exploration mission to demonstrate the SLS, including the 

Core Stage and Exploration Upper Stage, and the crewed Orion by 

2021. The section further would direct NASA to develop subsequent 

missions beginning with EM-3 using the SLS and Orion to extend 

into cis-lunar space and eventually to Mars, and a deep space habitat as the next element in a deep space exploration architecture 

along with the SLS and Orion. Finally, this section would direct 

NASA to assess the utility of the SLS for use by the science community and for other Federal Government launch needs. 


SSpencer on DSK4SPTVN1PROD with REPORTS
16 

Subtitle C – Journey to Mars 

Section 431. Space technology infusion. 

This section would express the sense of Congress that advancing 

propulsion technology would improve the efficiency of trips to Mars 

and could shorten travel time to Mars and reduce astronaut health 

risks, reduce radiation exposure, consumables, and mass of materials required for the journey. This section would direct NASA to 

develop technologies to support its core missions while also supporting sustained investments in early stage innovation and fundamental research and technologies to expand the boundaries of the 

national aerospace enterprise. Finally, this section would state that 

one goal of the propulsion technologies developed under the direction in this section is to reduce human travel time to Mars. 

Section 432. Findings on human space exploration. 

This section would state that Congress finds that 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.’’ This section would highlight some of the findings and recommendations in that report, including affirmation that Mars is the appropriate long-term goal for 

the human space flight program and a recommendation that NASA 

define a series of sustainable steps and conduct mission planning 

and technology development as needed to eventually place humans 

on the surface of Mars. 

Section 433. Strategic framework for human spaceflight and exploration. 

This section would express the sense of Congress that expanding 

human presence beyond LEO and advancing toward human missions to Mars in the 2030s requires early planning and timely decisions to be made in the near-term; specifically, decisions on the 

necessary courses of action for commitments to achieve short-term 

and long-term goals and objectives. Further, this section would express the sense of Congress that for strong and sustained U.S. 

leadership, a need exists to advance a strategic framework addressing exploration objectives, in collaboration with international, academic, and industry partners. 

This section would direct NASA to develop a strategic framework, including a critical decision plan, to expand human presence 

beyond LEO, including cis-lunar space, the moons of Mars, the surface of Mars, and beyond. The framework and the critical decision 

plan would both be required to include specific details and would 

need to be developed and submitted to the appropriate committees 

of Congress before December 1, 2017. An updated strategic framework, including an updated critical decision plan, would be required every 2 years thereafter. 

Section 434. Advanced space suit capability. 

This section would direct NASA to submit a detailed plan for 

achieving an advanced space suit capability that aligns with the 


SSpencer on DSK4SPTVN1PROD with REPORTS
17 

crew needs for exploration enabled by the SLS and Orion, including 

an evaluation of the merit of delivering the planned space suit system for use on the ISS, to the appropriate committees of Congress 

no later than 90 days after the date of enactment of this Act. 

Section 435. Asteroid Robotic Redirect Mission. 

This section would include the findings of Congress that the costs 

of the ARRM are growing and that NASA must evaluate whether 

to accept the increase in cost or reduce the ARRM’s scope to stay 

within the $1.25 billion cost cap previously set by the Administrator of NASA. 

Additionally, this section would state that Congress finds that, in 

the past, the NASA Advisory Council has made recommendations 

to NASA regarding the cost and scope of the ARRM and has expressed its concern to NASA about the potential for growing costs 

for the program. This section would highlight that the NASA Advisory Council believes the development of high power solar electric 

propulsion and the ability to maneuver in a low gravity environment in deep space are the key priorities of the ARRM. This section also would state that Congress finds that the ARRM is competing for resources with other critical exploration development 

programs, including the SLS, Orion, commercial crew, and habitation module. 

This section would express the sense of Congress that the technological and scientific goals of the ARRM may not be commensurate 

with the cost, and that alternative missions may provide a more 

cost effective and scientifically beneficial means to demonstrate the 

technologies needed for a human mission to Mars. 

Finally, this section would require that, within 180 days of the 

date of enactment of this Act, NASA conduct and provide the appropriate committees of Congress with an evaluation and report 

consisting of: alternative approaches to the ARRM for demonstrating the technologies needed for a human mission to Mars; 

the scientific, technical, and commercial benefits of the alternative 

approaches identified; and a comparison of the estimated costs of 

the alternative approaches identified. 

Subtitle D – Scott Kelly Human Space Flight and Exploration Act 

Section 441. Short title. 

This section would provide the short title for subtitle D of this 

Act. 

Section 442. Findings; sense of Congress. 

This section would state Congress’ findings that human space exploration can pose significant challenges and is full of substantial 

risk, including increased health risks for astronauts who may be 

exposed to high levels of radiation. Additionally, this section would 

highlight Congress’ finding that United States government astronaut Scott Kelly participated in a 1-year twins study in space to 

advance the goal of long-duration space flight missions. The section 

would find that NASA currently provides medical monitoring, diagnosis, and treatment for United States government astronauts during their active employment. Congress would also find that NASA 

has requested statutory authority from Congress to provide medical 


SSpencer on DSK4SPTVN1PROD with REPORTS
18 

monitoring, diagnosis, and treatment for former United States government astronauts or payload specialists due to the unknown 

long-term health consequences of long-duration space exploration. 

This section would express the sense of Congress that the United 

States should continue to seek the unknown and lead the world in 

space exploration, that data relating to the health of astronauts 

will become increasingly valuable, and that NASA should provide 

monitoring, diagnosis, and treatment for United States government 

astronauts solely for conditions considered unique to the training 

or exposure to the spaceflight environment. 

Further, this section would express the sense of Congress that 

NASA should not require any former United States government astronauts to participate in any medical monitoring. This section 

would express the sense of Congress that such monitoring, diagnosis, and treatment should not replace a former United States 

government astronaut’s private health insurance, and that the expanded data acquired from such monitoring, diagnosis, and treatment should be used to tailor treatment, inform the requirements 

for new spaceflight medical hardware, and develop controls in order 

to prevent disease occurrence in the astronaut corps. 

Finally, this section also would express the sense of Congress 

that the 340-day space mission of Scott Kelly aboard the ISS generated new insight into how the human body adjusts to 

weightlessness, isolation, radiation, and the stress of long-duration 

space flight and will help support the physical and mental wellbeing of astronauts during longer space exploration missions in the 

future. 

Section 443. Medical monitoring and research relating to human 

space flight. 

This section would amend subchapter III of chapter 201 of title 

51, United States Code, to authorize NASA to provide for the medical monitoring, diagnosis, and treatment of a United States government astronaut, or a former United States government astronaut or payload specialist, for conditions that the Administrator of 

NASA considers associated with human space flight, including scientific and medical tests for psychological and medical conditions. 

Further, the amendment made by this section would prohibit 

NASA from: requiring medical monitoring, diagnosis, or treatment 

of a United States government astronaut, or a former United 

States government astronaut or payload specialist, for any psychological or medical condition that is not associated with human 

space flight; or requiring a former United States government astronaut or payload specialist to participate in the monitoring authorized in this section. 

Further, the amendment made by this section to title 51, United 

States Code, would require NASA to protect the privacy of all medical records generated as a result of the new section of that title 

in a way that is consistent with current privacy law, and to issue 

such regulations as are necessary to carry out the new section of 

that title. 


SSpencer on DSK4SPTVN1PROD with REPORTS
19 

Title V – Advancing space science 

Section 501. Maintaining a balanced space science portfolio. 

The amendment made by this section would restate the current 

sense of Congress that a balanced and adequately funded set of activities, consisting of research and analysis grants programs, technology development, suborbital research activities, and small, medium, and large space missions, contributes to a robust and productive science program and serves as a catalyst for innovation and 

discovery and that NASA should set science priorities by following 

the guidance provided by the scientific community through the National Academy of Sciences’ decadal surveys. 

Section 502. Planetary science. 

This section would underscore that Congress finds that: NASA’s 

support for planetary science is critical to enabling greater understanding of the solar system and the origin of the Earth; the 

United States leads the world in planetary science and can augment its success in that area with appropriate international partnerships; a mix of small, medium, and large planetary science missions is required to sustain a steady cadence of planetary exploration; and robotic planetary exploration is a key component of preparing for future human exploration. 

This section would direct NASA to ensure, to the greatest extent 

practicable, the completion of a balanced set of Discovery, New 

Frontiers, and flagship missions that build on NASA’s accomplishments with a promise of new, inspiring discoveries in the future. 

Additionally, this section would authorize NASA to seek, if necessary, adjustments to mission priorities, schedule, and scope in 

light of changing budget projections. 

Section 503. James Webb Space Telescope. 

This section would state that it is the sense of Congress that: the 

JWST should significantly advance our understanding and knowledge of star and planet formation and of the early universe, and 

should support U.S. leadership in astrophysics; and NASA should 

continue robust surveillance of the performance of the JWST 

project and continue to improve the reliability of cost estimates and 

contractor performance data and other major spaceflight projects in 

order to enhance NASA’s ability to successfully deliver the JWST 

on-time and within budget. 

Section 504. Sense of Congress on Wide-field Infrared Survey Telescope. 

This section would state the sense of Congress that the WFIRST 

mission has the potential to enable scientific discoveries that will 

transform our understanding of the universe and that NASA, to 

the extent practicable, should make progress on the technologies 

and capabilities needed to meet the objectives, as outlined in the 

2010 National Academies of Sciences, Engineering and Medicine’s 

Astronomy and Astrophysics Decadal Survey, in a way that maximizes the scientific productivity of meeting those objectives for the 

resources invested. 


SSpencer on DSK4SPTVN1PROD with REPORTS
20 

Section 505. Sense of Congress on Mars 2020 rover. 

This section would state the sense of Congress that the Mars 

2020 mission should remain a priority for NASA and that the mission should significantly increase our understanding of Mars, 

should help determine whether life previously existed on that planet, and should provide opportunities to gather knowledge and demonstrate technologies that address the challenges of future human 

expeditions to Mars. 

Section 506. Europa. 

This section would state that Congress finds that: studies of Europa indicate that Europa may provide a habitable environment; 

NASA scientists observed water vapor around the south polar region of Europa, which provide potential evidence of water plumes 

in that region; the Europa mission has, for decades, consistently 

ranked as a high priority mission for the scientific community; and 

the Europa mission was ranked as the top priority mission in the 

previous Planetary Science Decadal Survey and ranked as the second-highest priority in the current Planetary Science Decadal Survey. 

Further, this section would state the sense of Congress that the 

Europa mission could provide another avenue in which to capitalize 

on our Nation’s current investment in the SLS that would significantly reduce the transit time for such a deep space mission and 

that a scientific, robotic exploration mission to Europa, as 

prioritized in both Planetary Science Decadal Surveys, should be 

supported. 

Title VI – Maximizing efficiency 

Subtitle A – Agency information technology and cybersecurity 

Section 611. Information technology governance. 

This section would direct several steps intended to improve agency-wide management and oversight over information technology operations and investments and information security programs for 

the protection of NASA systems. To achieve this, this section would 

require the Administrator of NASA to ensure the NASA CIO has 

a significant role in such management and oversight, require that 

the NASA CIO directly report to the Administrator of NASA, and 

establish a monetary threshold for NASA CIO project approval. 

This section also would require the Administrator of NASA to 

provide an information technology management framework to increase the efficiency and effectiveness of information technology investments using a metrics-based approach to reduce duplication, 

waste, and cost, and improve the coordination between the NASA 

CIO and the Centers, Mission Directorates, and Mission Support 

Offices. This section also would direct a review of information technology investments and consideration of appropriate revisions to 

information technology boards and councils. 

Section 612. Information technology strategic plan. 

The section would outline an information technology strategic 

plan that would include: near and long-term goals and objectives; 

a plan for how the agency will implement an agency-wide centralVerDate Sep 11 2014 23:48 Dec 06, 2016 Jkt 069010 PO 00000 Frm 00022 Fmt 6659 Sfmt 6602 E:\HR\OC\SR390.XXX SR390

SSpencer on DSK4SPTVN1PROD with REPORTS
21 

ized approach to information technology investments and operations, including reducing barriers to cross-center collaboration; increased coordination, efficiency and effectiveness of information 

technology investments; improving the information security of 

agency information systems; and informing Congress of high risk 

projects and cybersecurity risks. 

Section 613. Cybersecurity. 

This section would require the Administrator of NASA to develop 

an agency-wide information security plan consistent with requirements under the Federal Information Security Management Act of 

2002 (Public Law 107–296; 116 Stat. 2259). The plan would be required to provide an overview of the requirements of NASA systems, identification of roles and responsibilities, and increased coordination among organizational entities. 

Section 614. Oversight implementation progress. 

This section would require the Administrator of NASA to provide 

an update to Congress on the response to or progress made toward 

implementation of the security plan, as well as toward any information security issues and recommendations identified by the 

NASA Inspector General and GAO in the last 5 years. 

Section 615. Software oversight. 

This section would direct the Administrator of NASA to develop 

a strategic plan to move away from legacy software, develop an 

agency-wide software license management policy, and direct an 

agency-wide inventory encompassing the agency’s total software licenses and spending, including costs, benefits, usage, and trending 

data. 

Section 616. Security management of foreign national access. 

This section would require the Administrator of NASA to notify 

the appropriate members of Congress when the agency has implemented the information technology security recommendations from 

the National Academy of Public Administration on foreign national 

access management. 

Section 617. Cybersecurity of web applications. 

This section would direct the NASA CIO to develop a plan to 

fully remediate security vulnerabilities of web applications and implement the recommendation from the NASA Inspector General to 

remove from the Internet or secure with a web application firewall 

all agency web applications in development or testing mode. 

Subtitle B – Collaboration among mission directorates and other 

matters 

Section 621. Collaboration among mission directorates. 

This section would direct NASA to encourage an interdisciplinary 

approach among all NASA mission directorates and divisions, 

where appropriate, for projects or missions in order to improve coordination, collaboration and early planning, to determine areas of 

overlap or alignment, to find ways to leverage across divisional perVerDate Sep 11 2014 23:48 Dec 06, 2016 Jkt 069010 PO 00000 Frm 00023 Fmt 6659 Sfmt 6602 E:\HR\OC\SR390.XXX SR390

SSpencer on DSK4SPTVN1PROD with REPORTS
22 

spectives to maximize the outcomes, and to be more efficient with 

resources and funds. 

Section 622. NASA launch capabilities collaboration. 

This section would include the findings of Congress that: the 

Launch Services Program is responsible for the acquisition, management, and technical oversight of commercial launch services for 

NASA’s science and robotic missions; the Commercial Crew Program is responsible for the acquisition, management, and technical 

oversight of commercial crew transportation systems; the Launch 

Services Program and Commercial Crew Program have worked together to gain exceptional technical insight into the contracted 

launch service providers which are common to both programs; and 

the co-location of the Launch Services Program and Commercial 

Crew Program has allowed the Commercial Crew Program to efficiently tap into the launch vehicle technical expertise and provide 

engineering and analytical support to the Commercial Crew Program. 

Further, this section would state the sense of Congress that the 

Launch Services Program and Commercial Crew Program benefit 

from communication and coordination of launch manifests, technical information, and common launch vehicle insight between the 

programs and that communication and coordination is enabled by 

the co-location of both programs. 

Finally, this section would direct NASA to pursue a strategy for 

acquisition of crewed transportation services and non-crewed 

launch services that continues to enhance communication, collaboration, and coordination between the Launch Services Program and 

the Commercial Crew Program. 

Section 623. Commercial space launch cooperation. 

This section would find that Congress recognized the benefit of 

commercial space launch cooperation between the Federal Government and the private sector when it granted the Secretary of Defense authority to foster cooperation between the Department of 

Defense (DOD) and certain covered entities relating to space transportation infrastructure. This section also would express the sense 

of Congress that NASA should take into account the unique needs 

and obligations that multi-user, public State spaceports may have 

with the State government, as well as current and prospective contractual agreements with commercial and government customers 

when developing and carrying out agreements made under this 

new provision. Further, this section would state that the authority 

granted under this section is not intended to supersede or conflict 

with current law. 

This section would amend chapter 505 of title 51, United States 

Code, to give NASA authority similar to the DOD authority discussed in the sense of Congress to enter into an agreement with 

a covered entity to provide the covered entity with support and 

services related to the space transportation infrastructure of NASA 

in order to achieve certain objectives. Further, the amendment 

made by this section would allow NASA to enter into an agreement 

with a covered entity on a cooperative and voluntary basis to accept payments for improvements to the space transportation infrastructure and contributions of services and equipment in specific 


SSpencer on DSK4SPTVN1PROD with REPORTS
23 

scenarios. The amendment made by this section also would set certain requirements with respect to these agreements. 

Contributions made by a covered entity under the new section 

50507 of title 51, United States Code, would not be allowable costs 

(direct or indirect) against another contract or agreement with the 

Government. The Committee is aware of concerns brought forward 

by some stakeholders regarding agreements between covered entities that entering into an agreement under this authority may limit 

their ability to recover the cost of their contribution through ‘‘any 

other agreement with the United States.’’ More specifically, the 

concern was raised about the ability of a covered entity to utilize 

infrastructure or services made possible under the new section 

50507 in the fulfillment of fair market price contracts with the 

United States Government. For example, if NASA is building a 

new ground station, and a ‘‘covered entity’’ contributes to the costs 

of its construction the covered entity may be unable to recoup 

funds from another agreement if this new ground system is utilized 

during a launch for NASA. 

Section 624. Detection and avoidance of counterfeit parts. 

This section would state that Congress finds: that in 2012 an investigation by the Committee on Armed Services of the Senate on 

counterfeit electronic parts in the DOD supply chain from 2009 to 

2010 involved 1,800 cases and exceeded 1,000,000 counterfeit parts, 

risking the lives and security of U.S. service members and threatening national security; and that in three reports since 2010, the 

GAO identified risks and challenges associated with counterfeit 

parts and counterfeit prevention at both DOD and NASA, including 

inconsistent definitions of counterfeit parts and poorly targeted 

quality control practices, as well as potential barriers to improvements to these practices. Additionally, this section would state the 

sense of Congress that counterfeit electronic parts in the NASA 

supply chain represent a danger to government astronauts, crew, 

and other personnel and a risk to the agency overall. 

This section would require NASA to revise the NASA Supplement to the Federal Acquisition Regulation to address the detection 

and avoidance of counterfeit electronic parts and to meet the specific requirements outlined in this section not later than 270 days 

after the date of enactment this Act. 

Section 625. Education and outreach. 

This section would state the sense of Congress that: U.S. competitiveness in the 21st century requires engaging the science, 

technology, engineering, and mathematics (STEM) talent in all 

States; NASA is uniquely positioned to educate and inspire students and the broader public on STEM subjects and careers; NASA 

has been effective in delivering educational content because of the 

strong engagement of NASA scientists and engineers in its education and outreach activities; and NASA’s education and outreach 

programs reflect its successful commitment to growing and diversifying the national science and engineering workforce. 

This section also would authorize NASA to continue engagement 

with the public and education opportunities for students through 

all of its mission directorates to the maximum extent practicable. 

Finally, this section would require NASA, no later than 60 days 


SSpencer on DSK4SPTVN1PROD with REPORTS
24 

after the date of enactment of this Act, to submit a report to the 

appropriate committees of Congress on its near-term outreach 

plans for advancing space law education. 

Section 626. Leveraging commercial satellite servicing capabilities 

across mission directorates. 

This section would state that Congress finds that: NASA will 

benefit from refueling and relocating aging satellites to extend 

their operational lifetimes; this capability is important for lowering 

the costs of ongoing scientific, national security, and commercial 

satellite operations; and the technologies involved in satellite servicing are all critical capabilities to support a human exploration 

mission to Mars. Further, this section would express the sense of 

Congress that: satellite servicing is a vital capability that will bolster the capacity and affordability of NASA’s ongoing scientific and 

human exploration operations, and enhance the ability of domestic 

companies to compete in the global marketplace; and the future of 

NASA satellites and spacecraft across mission directorates should 

be constructed in a manner that allows for servicing in order to 

maximize operational longevity and affordability. 

This section also would require NASA to identify orbital assets 

in both the Science Mission Directorate and the Human Exploration and Operations Mission Directorate that could benefit from 

satellite servicing-related technologies. Additionally, this section 

would require NASA to work across all of its mission directorates 

to evaluate opportunities for the private sector to perform such 

services or advance technical capabilities by leveraging the technologies and techniques developed by both NASA programs and 

other industry programs. 

Section 627. Flight opportunities. 

This section would direct NASA, as the Administrator of NASA 

considers appropriate, to expand the development of technology 

payloads for scientific research and investigating new or improved 

capabilities. Additionally, this section would require NASA to make 

funds available for flight testing, payload development, and hardware related to the development of new technology payloads and 

investigating improved capabilities. Finally, this section would reaffirm the policy found in the 2010 Act that NASA should provide 

flight opportunities for payloads to microgravity environments and 

suborbital altitudes. 

Section 628. Sense of Congress on small class launch missions. 

This section would express the sense of Congress that Venture 

Class Launch Services contracts awarded under the Launch Services Program will expand opportunities for future dedicated 

launches of CubeSats and other small satellites. Additionally, this 

section would state the sense of Congress that small orbital science 

missions and the principal investigator-led small orbital science 

missions offer valuable opportunities to advance science at low cost, 

train the next generation of scientists and engineers, and enable 

participants to acquire skills in systems engineering and systems 

integration. It also would express the sense of Congress that these 

factors are critical to maintaining United States leadership in 


SSpencer on DSK4SPTVN1PROD with REPORTS
25 

space and for enhancing United States innovation and competitiveness abroad. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by the bill, as 

reported, are shown as follows (existing law proposed to be omitted 

is enclosed in black brackets, new material is printed in italic, existing law in which no change is proposed is shown in roman): 

TITLE 51. NATIONAL AND COMMERCIAL SPACE PROGRAMS 

SUBTITLE II. GENERAL PROGRAM AND POLICY PROVISIONS

CHAPTER 201. NATIONAL AERONAUTICS AND SPACE PROGRAM

SUBCHAPTER III. GENERAL ADMINISTRATIVE PROVISIONS

§ 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.— 


SSpencer on DSK4SPTVN1PROD with REPORTS
26 

(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. 


SSpencer on DSK4SPTVN1PROD with REPORTS
27 

(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) RELATED ENTITY.—The term ‘‘related entity’’ means a contractor or subcontractor. 

(5) REENTRY SERVICES.—The term ‘‘reentry services’’ has the 

meaning given the term in section 50902. 

(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. 

§ 20149. Medical monitoring and research relating to human 

space flight 

(a) IN GENERAL.—Notwithstanding any other provision of law, the 

Administrator may provide for the medical monitoring, diagnosis, 


SSpencer on DSK4SPTVN1PROD with REPORTS
28 

and treatment of a United States government astronaut, or a former 

United States government astronaut or payload specialist for conditions that the Administrator considers associated with human space 

flight, including scientific and medical tests for psychological and 

medical conditions. 

(b) EXCLUSIONS.—The Administrator may not— 

(1) provide for medical monitoring, diagnosis, or treatment of 

a United States government astronaut, or a former United 

States government astronaut or payload specialist, under subsection (a) for any psychological or medical condition that is not 

associated with human space flight; or 

(2) require a former United States government astronaut or 

payload specialist to participate in the monitoring authorized 

under subsection (a). 

(c) PRIVACY.—Consistent with applicable provisions of law relating to privacy, the Administrator shall protect the privacy of all 

medical records generated under subsection (a) and accessible to the 

Administration. 

(d) REGULATIONS.—The Administrator shall promulgate such regulations as are necessary to carry out this section. 

CHAPTER 203. RESPONSIBILITIES AND VISION

§ 20302. Vision for space exploration 

(a) IN GENERAL.—The Administrator shall establish a program to 

develop a sustained human presence in cis-lunar space or on the 

Moon, including a robust precursor program, to promote exploration, science, commerce, and United States preeminence in space, 

and as a stepping-stone to future exploration of Mars and other 

destinations. The Administrator is further authorized to develop 

and conduct appropriate international collaborations in pursuit of 

these goals. 

ø(b) MILESTONES.—The Administrator shall manage human 

space flight programs to strive to achieve the following milestones 

(in conformity with section 70502 of this title): 

ø(1) Returning Americans to the Moon no later than 2020. 

ø(2) Launching the Crew Exploration Vehicle as close to 

2010 as possible. 

ø(3) Increasing knowledge of the impacts of long duration 

stays in space on the human body using the most appropriate 

facilities available, including the International Space Station. 

ø(4) Enabling humans to land on and return from Mars and 

other destinations on a timetable that is technically and fiscally possible.¿ 

(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. 


SSpencer on DSK4SPTVN1PROD with REPORTS
29 

SUBTITLE V. PROGRAMS TARGETING COMMERCIAL OPPORTUNITIES

CHAPTER 501. SPACE COMMERCE

SUBCHAPTER II. PROMOTION OF COMMERCIAL SPACE OPPORTUNITIES

§ 50111. Commercialization of Space Station 

* * * * * * * 

(c) ISS TRANSITION PLAN.— (1) IN GENERAL.—The Administrator, in coordination with 

the ISS management entity, 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 is one of many customers of a low-Earth orbit 

commercial human space flight enterprise. 

(2) REPORTS.—Not later than December 1, 2017, and triennially thereafter until 2023, the Administrator shall submit 

to the appropriate committees of Congress a report that includes— 

(A) an identification of low-Earth orbit capabilities necessary to meet the Administration’s deep space human 

space flight exploration objectives and mission requirements beyond the period of operation and utilization of the 

ISS described in section 503 of the National Aeronautics 

and Space Administration Authorization Act of 2010 (42 

U.S.C. 18353), if any; 

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

(C) an assessment of current and projected commercial 

activities in low-Earth orbit, including on the ISS, and 

their potential for meeting the capabilities identified in subparagraph (A); 

(D) an identification of barriers preventing the commercialization of low-Earth orbit, including issues relating to 

policy, regulations, commercial intellectual property, data, 

and confidentiality, that could inhibit the use of the ISS as 

a commercial incubator; 

(E) 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 exploration-related 

facility, including— 

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

to include the potential for participation by additional 

countries, for the purposes of the human development 

and exploration of deep space; 

(ii) a review of essential systems, equipment upgrades, or potential maintenance that would be necessary to extend ISS operations and utilization; 

(iii) an evaluation of the cost and schedule requirements associated with the development and delivery of 


SSpencer on DSK4SPTVN1PROD with REPORTS
30 

essential systems, equipment upgrades, or potential 

maintenance identified under clause (ii); 

(iv) an identification of possible international, academic, or industry partner contributions, cost-share, 

and program transitions to provide the upgrades identified under clause (ii); 

(v) impacts on the goals and objectives of the ISS 

National Laboratory and the management entity responsible for operation of the ISS National Laboratory; 

(vi) impacts on services provided by the Commercial 

Resupply Services and Commercial Crew Program to 

the ISS; 

(vii) impacts on the use of the ISS as a testbed to 

transition functions of the ISS to the commercial space 

sector and enhance economic development of low-Earth 

orbit, including the evolution of self-sustaining commercial activities; 

(viii) an assessment on the technical limiting factor 

of the ISS lifetime, including a list of critical components and their expected lifetime and availability; 

(ix) an evaluation of the potential for expanding the 

use of ISS facilities to accommodate the needs of researchers and other users, including changes to policies, regulations, and laws that would stimulate greater private and public involvement on the ISS; and 

(x) 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 or public, or to academic or commercial 

entities; 

(F) 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 (B) and (C); and 

(G) progress on meeting human exploration research objectives on ISS and prospects for accomplishing future exploration and other research objectives on future commercially supplied low-Earth orbit platforms or migration of 

those objectives to cis-lunar space. 

(3) DEMONSTRATIONS.—Demonstrations identified under 

paragraph (2) may— 

(A) test the capabilities described in paragraph (2)(A); 

and 


SSpencer on DSK4SPTVN1PROD with REPORTS
31 

(B) demonstrate or test capabilities, including commercial modules or deep space habitats, Environmental Control 

and Life Support Systems, orbital satellite assembly, exploration space suits, a node that enables a wide variety of activity, including multiple commercial modules and airlocks, 

additional docking or berthing ports for commercial crew 

and cargo, opportunities for the commercial space sector to 

cost share for transportation and other services on the ISS, 

and other commercial activities. 

CHAPTER 505. COMMERCIAL SPACE COMPETITIVENESS

§ 50507. Commercial launch cooperation 

(a) AUTHORITY FOR AGREEMENTS RELATING TO SPACE TRANSPORTATION INFRASTRUCTURE.—The Administrator— 

(1) may enter into an agreement with a covered entity to provide the covered entity with support and services related to the 

space transportation infrastructure of the Administration— 

(A) to maximize the use of the space transportation infrastructure of the Administration by the private sector in the 

United States; 

(B) to maximize the effectiveness and efficiency of the 

space transportation infrastructure of the Administration; 

(C) to reduce the cost of services provided by the Administration related to space transportation infrastructure at 

launch support facilities and space recovery support facilities; and 

(D) to encourage commercial space activities by enabling 

investment by covered entities in the space transportation 

infrastructure of the Administration; and 

(2) at the request of the covered entity, may include that support and services in the contracted space launch and reentry 

range support requirements of the Administration if— 

(A) the Administrator determines that including that 

support and services in the requirements— 

(i) is in the best interest of the Federal Government; 

(ii) does not interfere with the requirements of the 

Administration; 

(iii) does not compete with the commercial space activities of other covered entities; and 

(iv) does not result in the Administration retaining 

ownership of assets which are no longer needed to meet 

a programmatic mission of the Administration; and 

(B) any commercial requirement included in the agreement has full non-Federal funding before the execution of 

the agreement. 

(b) CONTRIBUTIONS.— 

(1) IN GENERAL.—The Administrator may enter into an agreement with a covered entity on a cooperative and voluntary basis 

to accept funds, services, and equipment to carry out the purposes in subsection (a)(1). 

(2) USE OF CONTRIBUTIONS.—Any funds, services, or equipment accepted by the Administrator under this subsection— 


SSpencer on DSK4SPTVN1PROD with REPORTS
32 

(A) may be used only for the objectives specified in this 

section in accordance with terms of use set forth in the 

agreement entered into under this subsection; and 

(B) shall be managed by the Administrator in accordance 

with procedures prescribed under subsection (d). 

(3) REQUIREMENTS WITH RESPECT TO AGREEMENTS.—An 

agreement entered into with a covered entity under this subsection shall— 

(A) address the terms of use, ownership, and disposition 

of the funds, services, or equipment contributed under the 

agreement; 

(B) include a provision that the covered entity will not recover the costs of its contribution through any other agreement with the United States; and 

(C) include a provision that the contribution of a covered 

entity will not preclude access to or use by another covered 

entity. 

(c) ANNUAL REPORT.—Not later than January 31 of each year, the 

Administrator shall submit to the appropriate committees of Congress a report on the process used to establish agreements under 

subsections (a) and (b), including noticing announcements of opportunities and criteria for selecting a covered entity, and the funds, 

services, and equipment accepted and used by the Administrator 

under this section during the preceding fiscal year. 

(d) PROCEDURES.—The Administrator shall prescribe procedures 

to carry out this section consistent with sections 50504 and 50913. 

(e) DEFINITIONS.—In this section: 

(1) COVERED ENTITY.—In this section, the term ‘‘covered entity’’ means— 

(A) a non-Federal entity that— 

(i) is organized under the laws of the United States 

or of any jurisdiction within the United States; and 

(ii) is engaged in commercial space activities; or 

(B) an entity that controls, is controlled by, or is under 

common control with, a non-Federal entity described in 

subparagraph (A). 

(2) LAUNCH SUPPORT FACILITIES.—The term ‘‘launch support 

facilities’’ has the meaning given the term in section 50501. 

(3) SPACE RECOVERY SUPPORT FACILITIES.—The term ‘‘space 

recovery support facilities’’ has the meaning given the term in 

section 50501. 

(4) SPACE TRANSPORTATION INFRASTRUCTURE.—The term 

‘‘space transportation infrastructure’’ has the meaning given 

that term in section 50501. 

SUBTITLE VII. ACCESS TO SPACE

CHAPTER 705. EXPLORATION INITIATIVES

§ 70502. Exploration plan and programs 

The Administrator shall— 

(1) construct an architecture and implementation plan for 

the Administration’s human exploration program that is not 

critically dependent on the achievement of milestones by fixed 

dates; 


SSpencer on DSK4SPTVN1PROD with REPORTS
33 

ø(2) implement an exploration technology development program to enable lunar human and robotic operations consistent 

with section 20302(b) of this title, including surface power to 

use on the Moon and other locations;¿ 

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

(3) conduct an in-situ resource utilization technology program to develop the capability to use space resources to increase independence from Earth, and sustain exploration beyond low-Earth orbit; and 

(4) pursue aggressively automated rendezvous and docking 

capabilities that can support the International Space Station 

and other mission requirements. 

ø§ 70504. Stepping stone approach to exploration 

øIn order to maximize the cost-effectiveness of the long-term exploration and utilization activities of the United States, the Administrator shall take all necessary steps, including engaging international partners, to ensure that activities in its lunar exploration 

program shall be designed and implemented in a manner that 

gives strong consideration to how those activities might also help 

meet the requirements of future exploration and utilization activities beyond the Moon. The timetable of the lunar phase of the longterm international exploration initiative shall be determined by the 

availability of funding. However, 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.¿ 

§ 70504. Stepping stone approach to exploration 

(a) IN GENERAL.—In order to maximize the cost-effectiveness of 

the long-term exploration and utilization activities of the United 

States, the Administrator shall take all necessary steps, including 

engaging international, academic, and industry partners to ensure 

that activities in the Administration’s human exploration program 

balance how those activities might also help meet the requirements 

of future exploration and utilization activities leading to human 

habitation on the surface of Mars. 

(b) COMPLETION.—Within budgetary considerations, once an exploration-related project enters its development phase, the Administrator shall seek, to the maximum extent practicable, to complete 

that project without undue delays. 

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 

AUTHORIZATION ACT OF 2010 

[Public Law 111-267; 124 Stat. 2805] 

SEC. 202. GOALS AND OBJECTIVES. 

[42 U.S.C. 18312] 

ø(a) LONG TERM GOAL.—The long term goal of the human space 

flight and exploration efforts of NASA shall be to expand permanent human presence beyond low-Earth orbit and to do so, where 

practical, in a manner involving international partners.¿ 


SSpencer on DSK4SPTVN1PROD with REPORTS
34 

(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; and 

(2) the peaceful settlement of a location in space or on another 

celestial body and a thriving space economy in the 21st century. 

(b) KEY OBJECTIVES.—The key objectives of the United States for 

human expansion into space shall be— 

(1) to sustain the capability for long-duration presence in 

low-Earth orbit, initially through continuation of the ISS and 

full utilization of the United States segment of the ISS as a 

National Laboratory, and through assisting and enabling an 

expanded commercial presence in, and access to, low-Earth 

orbit, as elements of a low-Earth orbit infrastructure; 

(2) to determine if humans can live in an extended manner 

in space with decreasing reliance on Earth, starting with utilization of low-Earth orbit infrastructure, to identify potential 

roles that space resources such as energy and materials may 

play, to meet national and global needs and challenges, such 

as potential cataclysmic threats, and to explore the viability of 

and lay the foundation for sustainable economic activities in 

space; 

(3) to maximize the role that human exploration of space can 

play in advancing overall knowledge of the universe, supporting United States national and economic security and the 

United States global competitive posture, and inspiring young 

people in their educational pursuitsø; and¿; 

(4) to build upon the cooperative and mutually beneficial 

framework established by the ISS partnership agreements and 

experience in developing and undertaking programs and meeting objectives designed to realize the goal of human space 

flight set forth in subsection (a)ø.¿; and 

(5) to achieve human exploration of Mars, including the establishment of a capability to extend human presence, including 

potential human habitation, on the surface of Mars. 

SEC. 401. COMMERCIAL CARGO DEVELOPMENT PROGRAM. 

[42 U.S.C. 18341] 

The Administrator shall continue to support the existing øCommercial Orbital Transportation Services¿ Commercial Resupply 

Services program, aimed at enabling the commercial space industry 

in support of NASA to develop reliable means of launching cargo 

and supplies to the ISS throughout the duration of the facility’s operation. The Administrator may apply funds towards the reduction 

of risk to the timely start of these services, specifically— 

(1) efforts to conduct a flight test; 

(2) accelerate development; and 

(3) develop the ground infrastructure needed for commercial 

cargo capability. 

øSEC. 803. OVERALL SCIENCE PORTFOLIO-SENSE OF CONGRESS. 

[Public Law 111-267; 124 Stat. 2832] 

øCongress reaffirms its sense that a balanced and adequately 

funded set of activities, consisting of research and analysis grants 

programs, technology development, small, medium, and large space 


SSpencer on DSK4SPTVN1PROD with REPORTS
35 

missions, and suborbital research activities, contributes to a robust 

and productive science program and serves as a catalyst for innovation.¿ 

SEC. 803. OVERALL SCIENCE PORTFOLIO. 

Congress restates its sense that— 

(1) a balanced and adequately funded set of activities, consisting of research and analysis grants programs, technology 

development, suborbital research activities, and small, medium, 

and large space missions, contributes to a robust and productive science program and serves as a catalyst for innovation and 

discovery; and 

(2) the Administrator should set science priorities by following the guidance provided by the scientific community 

through the National Academy of Sciences’ decadal surveys. 

SEC. 1207. INFORMATION SECURITY. 

[42 U.S.C. 18445] 

(a) AGENCY-WIDE INFORMATION SECURITY PLAN.— 

(1) IN GENERAL.—Not later than 1 year after the date of enactment of the National Aeronautics and Space Administration 

Transition Authorization Act of 2016, the Administrator shall 

implement the information security plan developed under paragraph (2) and take such further actions as the Administrator 

considers necessary to improve the information security system 

in accordance with this section. 

(2) INFORMATION SECURITY PLAN.—Subject to paragraphs (3), 

(4), and (5), the chief information officer of NASA, shall develop 

an agency-wide information security plan to enhance information security for NASA information and information infrastructure. 

(3) REQUIREMENTS.—In developing the plan under paragraph 

(2), the chief information officer shall ensure that the plan— 

(A) is consistent with policies, standards, guidelines, and 

directives on information security under subchapter II of 

chapter 35 of title 44, United States Code; 

(B) is consistent with the standards and guidelines under 

section 11331 of title 40, United States Code; and 

(C) meets applicable National Institute of Standards and 

Technology information security standards and guidelines. 

(4) APPROVAL.—The chief information officer shall submit the 

plan to the Administrator for approval prior to its implementation. 

(5) CONTENTS.—The plan shall include— 

(A) an overview of the requirements of the information security system; 

(B) an agency-wide risk management framework for information security; 

(C) a description of the information security system management controls and common controls that are necessary 

to ensure compliance with information security-related requirements; 

(D) an identification and assignment of roles, responsibilities, and management commitment for information security at the agency; 


SSpencer on DSK4SPTVN1PROD with REPORTS
36 

(E) coordination among organizational entities, including 

between each center, facility, mission directorate, and mission support office, and among agency entities responsible 

for different aspects of information security; 

(F) heightened consideration of the need to protect the information security of mission-critical systems and activities 

and high-impact and moderate-impact information systems; and 

(G) a schedule of frequent reviews and updates, as necessary, of the plan. 

ø(a)¿(b) MONITORING RISK.— 

(1) UPDATE ON SYSTEM IMPLEMENTATION.—Not later than 

120 days after the date of enactment of this Act, and on a biennial basis thereafter, the chief information officer of NASA, in 

coordination with other national security agencies, shall provide to the appropriate committees of Congress— 

(A) an update on efforts to implement a system to provide dynamic, comprehensive, real-time information regarding risk of unauthorized remote, proximity, and insider use or access, for all information infrastructure 

under the responsibility of the chief information officer, 

and mission-related networks, including contractor networks; 

(B) an assessment of whether the system has demonstrably and quantifiably reduced network risk compared to 

alternative methods of measuring securityø; and¿; 

(C) an assessment of the progress that each center and 

facility has made toward implementing the systemø.¿; and 

(D) an update on the agency’s efforts to apply additional 

information security protections to secure high-impact and 

moderate-impact information systems and mission-critical 

systems and activities, including those systems that control 

spacecraft and maintain critical data sources. 

(2) EXISTING ASSESSMENTS.—The assessments required of the 

Inspector General under section ø3545¿ 3555 of title 44, 

United States Code, shall evaluate the effectiveness of the system described in this subsection. 

ø(b)¿(c) INFORMATION SECURITY AWARENESS AND EDUCATION.— 

(1) IN GENERAL.—In consultation with the Department of 

Education, other national security agencies, and other agency 

directorates, the chief information officer shall institute an information security awareness and education program for all operators and users of NASA information infrastructure, with the 

goal of reducing unauthorized remote, proximity, and insider 

use or access. 

(2) PROGRAM REQUIREMENTS.— 

(A) The program shall include, at a minimum, ongoing 

classified and unclassified threat-based briefings, and 

automated exercises and examinations that simulate common attack techniques. 

(B) All agency employees and contractors engaged in the 

operation or use of agency information infrastructure shall 

participate in the program. 


SSpencer on DSK4SPTVN1PROD with REPORTS
37 

(C) Access to NASA information infrastructure shall only 

be granted to operators and users who regularly satisfy 

the requirements of the program. 

(D) The chief human capital officer of NASA, in consultation with the chief information officer, shall create a 

system to reward operators and users of agency information infrastructure for continuous high achievement in the 

program. 

ø(c)¿(d) INFORMATION INFRASTRUCTURE DEFINED.—In this section, the term ‘‘information infrastructure’’ means the underlying 

framework that information systems and assets rely on to process, 

transmit, receive, or store information electronically, including programmable electronic devices and communications networks and 

any associated hardware, software, or data. 

Æ 


SSpencer on DSK4SPTVN1PROD with REPORTS