I 

115TH CONGRESS 

2D SESSION H. R. 5503 

To authorize the programs of the National Aeronautics and Space 

Administration for fiscal years 2018 and 2019, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 13, 2018 

Mr. BABIN (for himself, Mr. SMITH of Texas, Mr. BROOKS of Alabama, Mr. 

ROHRABACHER, Mr. KNIGHT, Mr. HIGGINS of Louisiana, and Mr. NORMAN) introduced the following bill; which was referred to the Committee 

on Science, Space, and Technology 

A BILL 

To authorize the programs of the National Aeronautics and 

Space Administration for fiscal years 2018 and 2019, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘National Aeronautics and Space Administration Author6 ization Act of 2018’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is the following: 

Sec. 1. Short title; table of contents. 


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Sec. 2. Definitions. 

TITLE I—AUTHORIZATION OF APPROPRIATIONS 

Sec. 101. Fiscal year 2018. 

Sec. 102. Fiscal year 2019. 

TITLE II—HUMAN EXPLORATION 

Sec. 201. Space facilities beyond low-Earth orbit. 

Sec. 202. ISS transition. 

Sec. 203. Human spaceflight research. 

Sec. 204. Critical path redundancy for human spaceflight. 

Sec. 205. Space suits. 

TITLE III—SCIENCE 

Subtitle A—Earth Science 

Sec. 301. Reimbursable basis for development of sensors and instruments. 

Sec. 302. Earth observations study. 

Sec. 303. Land imaging. 

Sec. 304. Landsat data policy. 

Sec. 305. Earth science missions. 

Sec. 306. Goddard Institute for Space Studies Inspector General report. 

Subtitle B—Astronomy and Astrophysics 

Sec. 311. Search for the origin, evolution, distribution, and future of life in the 

universe. 

Sec. 312. Wide-Field Infrared Space Telescope. 

Subtitle C—Planetary Science 

Sec. 321. Near-Earth Object Survey. 

Sec. 322. Space nuclear power. 

TITLE IV—AERONAUTICS 

Sec. 401. Supersonic research. 

Sec. 402. Unmanned aircraft systems research. 

Sec. 403. 21st Century Aeronautics Research Capabilities Initiative. 

Sec. 404. Experimental plane program. 

Sec. 405. Hypersonic Technology project. 

TITLE V—COMMERCIAL 

Sec. 501. Commercial supply of space products. 

Sec. 502. Commercial provision of services. 

Sec. 503. Commercial in-space infrastructure. 

Sec. 504. Preference for launch vehicles manufactured in the United States. 

Sec. 505. Studies on industrial base. 

Sec. 506. Spectrum coordination. 

Sec. 507. Enhanced-use leasing. 

Sec. 508. Satellite servicing technologies. 

TITLE VI—POLICY 

Sec. 601. NASA-funded institutes. 


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Sec. 602. Baseline and cost controls. 

Sec. 603. Reports to Congress. 

Sec. 604. International technical and operational standards. 

Sec. 605. NASA contractor responsibility watch list. 

Sec. 606. Human space exploration risk. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) ADMINISTRATOR.—The term ‘‘Adminis4 trator’’ means the Administrator of NASA. 

5 (2) CIS-LUNAR SPACE.—The term ‘‘cis-lunar 

6 space’’ means the region of space from the Earth 

7 out to and including the region around the surface 

8 of the Moon. 

9 (3) ISS.—The term ‘‘ISS’’ means the Inter10 national Space Station. 

11 (4) NASA.—The term ‘‘NASA’’ means the Na12 tional Aeronautics and Space Administration. 

13 (5) NEAR-EARTH ASTEROID.—The term ‘‘near14 Earth asteroid’’ means an asteroid with a perihelion 

15 distance of less than 1.3 Astronomical Units from 

16 the Sun. 

17 (6) NEAR-EARTH OBJECT.—The term ‘‘near18 Earth object’’ means an asteroid or comet with a 

19 perihelion distance of less than 1.3 Astronomical 

20 Units from the Sun. 

21 (7) NONPROFIT ORGANIZATION.—The term 

22 ‘‘nonprofit organization’’ means an organization de23 termined by the Secretary of the Treasury to be an 


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1 organization described in section 501(c)(3) of the 

2 Internal Revenue Code of 1986 (26 U.S.C. 

3 501(c)(3)) which is exempt from taxation under sec4 tion 501(a) of such Code. 

5 (8) ORION.—The term ‘‘Orion’’ means the mul6 tipurpose crew vehicle described under section 303 

7 of the National Aeronautics and Space Administra8 tion Authorization Act of 2010 (42 U.S.C. 18323). 

9 (9) SPACE LAUNCH SYSTEM.—The term ‘‘Space 

10 Launch System’’ has the meaning given the term in 

11 section 3 of the National Aeronautics and Space Ad12 ministration Authorization Act of 2010 (42 U.S.C. 

13 18302). 

14 TITLE I—AUTHORIZATION OF 

15 APPROPRIATIONS 

16 SEC. 101. FISCAL YEAR 2018. 

17 There are authorized to be appropriated to NASA for 

18 fiscal year 2018, $20,736,140,000, as follows: 

19 (1) For Science, $6,221,500,000, of which— 

20 (A) $1,921,000,000 is for Earth Science; 

21 (B) $2,227,900,000 is for Planetary 

22 Science; 

23 (C) $850,400,000 is for Astrophysics; 

24 (D) $533,700,000 is for the James Webb 

25 Space Telescope; and 


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1 (E) $688,500,000 is for Heliophysics. 

2 (2) For Aeronautics, $685,000,000. 

3 (3) For Space Technology, $760,000,000. 

4 (4) For Exploration, $4,790,000,000, of 

5 which— 

6 (A) $1,350,000,000 is for Orion and asso7 ciated program and other necessary support; 

8 (B) $2,150,000,000 is for the Space 

9 Launch System and associated program and 

10 other necessary support; 

11 (C) $895,000,000 is for Exploration 

12 Ground Systems; and 

13 (D) $395,000,000 is for Exploration Re14 search and Development. 

15 (5) For Space Operations, $4,751,500,000. 

16 (6) For Education, $100,000,000, of which— 

17 (A) $18,000,000 is for the Experimental 

18 Program to Stimulate Competitive Research; 

19 and 

20 (B) $40,000,000 is for the National Space 

21 Grant College and Fellowship Program. 

22 (7) For Safety, Security, and Mission Services, 

23 $2,826,900,000. 

24 (8) For Construction and Environmental Com25 pliance and Restoration, $562,240,000. 


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1 (9) For Inspector General, $39,000,000. 

2 SEC. 102. FISCAL YEAR 2019. 

3 There are authorized to be appropriated to NASA for 

4 fiscal year 2019, $20,736,140,000, as follows: 

5 (1) For Deep Space Exploration Systems, 

6 $4,929,000,000, of which— 

7 (A) $4,040,000,000 is for Exploration Sys8 tems Development, of which— 

9 (i) $2,150,000,000 is for Orion and 

10 associated program and other necessary 

11 support; 

12 (ii) $1,350,000,000 is for the Space 

13 Launch System and associated program 

14 and other necessary support; and 

15 (iii) $540,000,000 is for Exploration 

16 Ground Systems; and 

17 (B) $889,000,000 is for Advanced Explo18 ration Systems, of which— 

19 (i) $504,300,000 is for the Lunar Or20 bital Platform–Gateway and associated 

21 program and other necessary support; 

22 (ii) $116,500,000 is for Advanced 

23 Cislunar and Surface Capabilities; and 

24 (iii) $268,200,000 is for Exploration 

25 Advanced Systems. 


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1 (2) For Exploration and Research Technology, 

2 $1,017,700,000, of which— 

3 (A) $108,500,000 is for Early Stage Inno4 vation and Partnerships; 

5 (B) $216,500,000 if for Technology Matu6 ration, of which $75,000,000 is for nuclear fis7 sion and cryogenic fluid management develop8 ment; 

9 (C) $332,700,000 is for Technology Dem10 onstration. 

11 (D) $140,000,000 is for Human Research 

12 Program; and 

13 (E) $205,000,000 is for Small Business 

14 Innovation Research and Small Business Tech15 nology Transfer. 

16 (3) For Low-Earth Orbit and Spaceflight Oper17 ations, $4,624,600,000, of which— 

18 (A) $1,462,200,000 is for the Inter19 national Space Station; 

20 (B) $2,108,700,000 is for Space Transpor21 tation; 

22 (C) $903,700,000 is for Space Flight Sup23 port; and 

24 (D) $150,000,000 is for Commercial Low25 Earth Orbit Development. 


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1 (4) For Science, $6,152,600,000, of which— 

2 (A) $1,450,000,000 is for Earth Science; 

3 (B) $2,636,500,000 is for Planetary 

4 Science; 

5 (C) $1,375,400,000 is for Astrophysics; 

6 and 

7 (D) $690,700,000 is for Heliophysics. 

8 (5) For Aeronautics, $685,000,000. 

9 (6) For Education, $100,000,000, of which— 

10 (A) $18,000,000 is for the Established 

11 Program to Stimulate Competitive Research; 

12 and 

13 (B) $40,000,000 is for Space Grant. 

14 (7) For Safety, Security, and Mission Services, 

15 $2,749,700,000. 

16 (8) For Construction and Environmental Com17 pliance and Restoration, $438,200,000. 

18 (9) For Inspector General, $39,300,000. 

19 TITLE II—HUMAN EXPLORATION 

20 SEC. 201. SPACE FACILITIES BEYOND LOW-EARTH ORBIT. 

21 (a) SENSE OF CONGRESS.—It is the sense of Con22 gress that space facilities for use beyond low-Earth orbit 

23 play a significant role in NASA’s long-term pursuit of its 

24 exploration goals under section 202(a) of the National 


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1 Aeronautics and Space Administration Authorization Act 

2 of 2010 (42 U.S.C. 18312(a)). 

3 (b) CREWED AND CREW-TENDED SPACE FACILITIES

4 REPORT.— 

5 (1) IN GENERAL.—Not later than 90 days after 

6 the date of enactment of this Act, the Administrator 

7 shall submit to the Committee on Science, Space, 

8 and Technology of the House of Representatives and 

9 the Committee on Commerce, Science, and Trans10 portation of the Senate a report on the potential de11 velopment of space facilities for use beyond low12 Earth orbit. 

13 (2) CONTENTS.—The report required under 

14 paragraph (1) shall include a description of— 

15 (A) how each such space facility can ad16 vance, enable, or complement human explo17 ration of the Solar System, including of the at18 mosphere and the surface of celestial bodies; 

19 (B) the role of the space facility as a stag20 ing, logistics, and operations hub in an explo21 ration architecture; 

22 (C) how the space facility could support 

23 the research, development, testing, validation, 

24 operation, and launch of space exploration sys25 tems and technologies; 


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1 (D) opportunities and strategies for com2 mercial operation or public-private partnerships 

3 that protect taxpayer interests and foster com4 petition; and 

5 (E) the role of such a space facility in 

6 making, developing, and refining the case for 

7 further crewed and uncrewed exploration invest8 ments. 

9 SEC. 202. ISS TRANSITION. 

10 (a) FINDINGS.—Congress finds the following: 

11 (1) The ISS is a valuable national asset that 

12 can continue to produce worthwhile scientific re13 search and valuable technology. 

14 (2) The ISS mission should be to carry out 

15 microgravity research and development, research in 

16 support of deep space human exploration, and low17 Earth orbit commercialization. 

18 (3) The ISS is the best platform currently 

19 available to conduct certain types of research needed 

20 for NASA’s deep space human exploration program 

21 with such research currently scheduled to be com22 pleted by the end of fiscal year 2024. 

23 (4) The ISS transition report, submitted pursu24 ant to section 50111(c)(2) of title 51, United States 

25 Code, provides an explanation of NASA’s plans to 


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1 foster the development of private industry capabili2 ties and private demand with a goal of ending direct 

3 NASA support for ISS operations by the end of fis4 cal year 2024. 

5 (5) The plans laid out in the ISS transition re6 port are conditionally flexible and require feedback 

7 to inform next steps. In addition, the feasibility of 

8 ending direct NASA support for ISS operations by 

9 the end of fiscal year 2024 is dependent on many 

10 factors, some of which are indeterminate until the 

11 Administration carries out the initial phases of the 

12 ISS transition plan. 

13 (6) The value of any in-space facility, such as 

14 the ISS, depends both on its contributions to further 

15 expansion of human presence throughout the solar 

16 system, pursuant to section 202 of the National Aer17 onautics and Space Administration Authorization 

18 Act of 2010 (42 U.S.C. 18312) and to making exist19 ing presence self-sustaining. 

20 (7) As the United States moves towards a com21 mitment to a human presence off the surface of the 

22 Earth, other Government agencies should seek to 

23 benefit from and capitalize upon the ongoing human 

24 presence in space. 


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1 (b) IN GENERAL.—The Administration shall support 

2 Johnson Space Center as a center of innovation and lead3 ership in developing human operations, including surfaces 

4 of celestial bodies, beyond Earth, to the cis-lunar region, 

5 the Moon, Mars, and beyond. 

6 (c) ISS OPERATION.— 

7 (1) IN GENERAL.—NASA shall continue oper8 ation of the International Space Station for such 

9 time as Congress authorizes its operations. 

10 (2) INTERNATIONAL AGREEMENTS.—NASA 

11 shall pursue international agreements to provide 

12 maximum flexibility for ISS utilization. 

13 (3) LOW-EARTH ORBIT.—NASA shall pursue a 

14 step-wise transition of low-Earth orbit human 

15 spaceflight operations from a Government-directed 

16 activity to a model where private industry is respon17 sible for how to meet and execute NASA’s require18 ments. 

19 (4) TRANSITION REPORT.—NASA shall carry 

20 out activities in fiscal year 2019 as proposed in the 

21 ISS transition report, delivered pursuant to section 

22 50111(c) of title 51, United States Code. 

23 (d) REPORTING.—In addition to the biennial report24 ing requirement under section 50111(c) of title 51, United 

25 States Code, the Administrator shall brief the Committee 


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1 on Science, Space, and Technology of the House of Rep2 resentatives and the Committee on Commerce, Science, 

3 and Transportation of the Senate quarterly, beginning on 

4 the date that is 3 months after the date of enactment of 

5 this Act, on the status of, and all progress, changes, and 

6 other developments related to carrying out the plans in 

7 the ISS transition report. 

8 (e) AUTHORIZED FUNDING.—Subject to the avail9 ability of appropriations, shall make available at least 

10 $150,000,000 for fiscal year 2019 for commercial low11 Earth orbit development out of the LEO and Spaceflight 

12 Operations account. 

13 SEC. 203. HUMAN SPACEFLIGHT RESEARCH. 

14 (a) SENSE OF CONGRESS.—It is the sense of Con15 gress that— 

16 (1) the benefits derived from the peaceful use 

17 of space depend on the extent to which ground-based 

18 space infrastructure, facilities, and research are well19 integrated; and 

20 (2) NASA Johnson Space Center (hereinafter 

21 referred to as ‘‘JSC’’) has the expertise and facilities 

22 to support the development of the major techno23 logical innovations necessary to enable and support 

24 the nation’s ongoing commitment to human 


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1 spaceflight, exploration, and continued human pres2 ence in space. 

3 (b) JOHNSON SPACE CENTER RESEARCH OFFICE.— 

4 (1) ESTABLISHMENT.—The Administrator shall 

5 establish a research office at JSC to build upon the 

6 Center’s existing expertise in human space flight 

7 missions for future challenges. 

8 (2) RESEARCH DIRECTOR.—The head of the re9 search office shall be the research director, who shall 

10 report directly to the Director of JSC. 

11 (3) DUTIES.—The research director shall have, 

12 at a minimum, the following duties: 

13 (A) Oversee a research portfolio focused on 

14 human space flight. 

15 (B) Recommend infrastructure and equip16 ment necessary to carry out a research mission. 

17 (C) Oversee professional development and 

18 continuing education, as necessary and appro19 priate, for the civil workforce as the research 

20 and innovation focus of the center increases. 

21 (4) SCOPE OF RESEARCH.—The research office 

22 shall focus on aspects of research that are directly 

23 relevant to the endeavor of human space flight, in24 cluding problems of human spaceflight and robotics 

25 supporting human space exploration. 


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1 (5) SUPPORT FOR HUMAN SPACEFLIGHT AC2 TIVITIES.—JSC shall, consistent with its primary re3 sponsibilities to NASA and other government cus4 tomers, endeavor to make the fullest possible use of 

5 its facilities and infrastructure to support all U.S. 

6 human spaceflight activities, including those of the 

7 private sector. 

8 (c) REPORT.—Not later than 180 days after the en9 actment of this Act, NASA and JSC shall submit to the 

10 Committee on Science, Space, and Technology of the 

11 House of Representatives and the Committee on Com12 merce, Science, and Transportation of the Senate a report 

13 on NASA’s progress on, and other developments related 

14 to, carrying out the requirements of this section. 

15 (d) AUTHORIZED FUNDING.—Subject to the avail16 ability of appropriations, the Administrator shall make 

17 available at least $15,000,000 in fiscal year 2019 out of 

18 the Exploration Research and Technology account to carry 

19 out this section. 

20 SEC. 204. CRITICAL PATH REDUNDANCY FOR HUMAN 

21 SPACEFLIGHT. 

22 (a) FINDINGS.—Congress finds that NASA, in co23 operation with private sector and international partners, 

24 has facilitated the development of a wide array of cargo 


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1 and crew transportation options for operations in low2 Earth orbit and beyond. 

3 (b) SENSE OF CONGRESS.—It is the sense of Con4 gress that the availability of a multitude of launch vehicles 

5 and crew and cargo vehicles provides critical path redun6 dancy. 

7 (c) LOGISTICAL AND TRANSPORT REDUNDANCY.— 

8 Not later than 3 months after the date of the enactment 

9 of this Act, the Administrator shall submit to the Com10 mittee on Commerce, Science, and Transportation of the 

11 Senate and the Committee on Science, Space, and Tech12 nology of the House of Representatives a report that con13 tains an evaluation of the suitability and performance, in14 cluding cost, reliability, and availability, of— 

15 (1) all available crew and cargo vehicles for des16 tinations in low-Earth orbit, cis-lunar space, and be17 yond; and 

18 (2) all available launch vehicles that are capable 

19 of delivering more than 20 tons to, or beyond, low20 Earth orbit to support exploration and scientific 

21 missions, particularly to outer planets. 

22 SEC. 205. SPACE SUITS. 

23 (a) FINDINGS.—Congress finds the following: 


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1 (1) Space suits and associated extravehicular 

2 activity (in this section, referred to as ‘‘EVA’’) tech3 nologies are critical space exploration technologies. 

4 (2) The NASA civil service workforce at the 

5 Johnson Space Center possesses unique capabilities 

6 to integrate, design, and validate space suits and as7 sociated EVA technologies. 

8 (3) Maintaining a strong core competency in 

9 the design, development, manufacture, and operation 

10 of space suits and related technologies allows NASA 

11 to be an informed purchaser of competitively award12 ed commercial space suits and associated EVA tech13 nologies. 

14 (4) NASA should fully utilize the International 

15 Space Station by 2025 to test future space suits and 

16 associated EVA technologies to reduce risk and im17 prove safety. 

18 (b) SPACE SUITS.— 

19 (1) IN GENERAL.—NASA shall develop space 

20 suits and associated EVA technologies. 

21 (2) MANAGEMENT.—The Johnson Space Center 

22 shall manage the space suit and EVA programs of 

23 NASA. 

24 (3) PRIVATE SECTOR.—In carrying out this 

25 subsection, the Administrator may enter into agreeVerDate Sep 11 2014 20:38 Apr 13, 2018 Jkt 079200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H5503.IH H5503

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1 ments with the private sector as the Administrator 

2 considers appropriate. 

3 TITLE III—SCIENCE 

4 Subtitle A—Earth Science 

5 SEC. 301. REIMBURSABLE BASIS FOR DEVELOPMENT OF 

6 SENSORS AND INSTRUMENTS. 

7 Chapter 605 of title 51, United States Code, is 

8 amended by adding at the end the following: 

9 ‘‘§ 60507. Reimbursable basis for development of sen10 sors and instruments 

11 ‘‘Any work undertaken by the Administration for the 

12 benefit of another agency shall be conducted on a reim13 bursable basis that accounts for the full cost of the work, 

14 including work undertaken for the development of oper15 ational Earth science systems, including satellite, sensor, 

16 or instrument development, acquisition, and operations, as 

17 well as product development and data analysis.’’. 

18 (1) TECHNICAL AMENDMENT.—The table of 

19 sections for chapter 605 of title 51, United States 

20 Code, is amended by adding at the end the fol21 lowing: 

‘‘60507. Reimbursable basis for development of sensors and instruments.’’. 

22 SEC. 302. EARTH OBSERVATIONS STUDY. 

23 Section 702 of the National Aeronautics and Space 

24 Administration Authorization Act of 2010 (42 U.S.C. 

25 18371) is amended— 


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1 (1) by striking ‘‘The Director of’’ and inserting 

2 the following: 

3 ‘‘(a) IN GENERAL.—The Director of’’; and 

4 (2) by adding at the end the following: 

5 ‘‘(b) CONSIDERATION.—In carrying out the strategic 

6 implementation plan under subsection (a), the Director 

7 shall take into account and incorporate into such plan, as 

8 appropriate, purchasing Earth observation data and serv9 ices from the private sector or through public-private part10 nerships to meet Earth observation requirements.’’. 

11 SEC. 303. LAND IMAGING. 

12 (a) SENSE OF CONGRESS.—It is the sense of Con13 gress that— 

14 (1) the continuous collection and utilization of 

15 land remote sensing data from space are of major 

16 benefit in studying and understanding human im17 pacts on the global environment, in managing the 

18 Earth’s natural resources, in carrying out national 

19 security functions, and in planning and conducting 

20 many other activities of scientific, economic, and so21 cial importance; and 

22 (2) to the greatest extent practicable, the 

23 United States should foster the development of U.S. 

24 private sector remote sensing capabilities and anal25 yses that can satisfy the public interest in long-term 


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1 continuous collection of medium-resolution land re2 mote sensing data. 

3 (b) CONTINUOUS LAND REMOTE SENSING DATA

4 COLLECTION.— 

5 (1) IN GENERAL.—Subchapter IV of chapter 

6 601 of title 51, United States Code, is amended by 

7 adding at the end the following new section: 

8 ‘‘§ 60135. Continuous land remote sensing data collec9 tion 

10 ‘‘(a) POLICY.—It is the policy of the United States 

11 to— 

12 ‘‘(1) ensure, to the greatest extent practicable, 

13 the continuous collection of space-based, medium14 resolution observations of the Earth’s land cover; 

15 ‘‘(2) ensure that the collected data are made 

16 available in such ways as to facilitate the widest pos17 sible use; and 

18 ‘‘(3) to the greatest extent practicable, foster 

19 the development of U.S. private sector remote sens20 ing capabilities and analyses that can satisfy the 

21 public interest in long-term continuous collection of 

22 medium-resolution land remote sensing data. 

23 ‘‘(b) COORDINATION.—The National Space Council, 

24 in consultation with other relevant Federal agencies, shall 


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1 coordinate United States Government activities described 

2 under paragraphs (1) through (3) of subsection (a).’’. 

3 (2) CONFORMING AMENDMENT.—The table of 

4 sections for subchapter IV of chapter 601 of title 51, 

5 United States Code, is amended by adding at the 

6 end the following new section: 

‘‘60135. Continuous land remote sensing data collection.’’. 

7 SEC. 304. LANDSAT DATA POLICY. 

8 (a) IN GENERAL.— 

9 (1) LIMITATION ON USE OF FUNDS.—No funds 

10 may be obligated or expended for Landsat 11 or any 

11 other subsequent Landsat system until the Adminis12 trator has completed a study assessing which aspects 

13 of Landsat system observations and associated 

14 science requirements can be provided by purchasing 

15 data from the private sector or through public-pri16 vate partnerships. 

17 (2) REPORT.—Not later than 1 year after the 

18 date of enactment of this Act, the Administrator 

19 shall transmit to the Committee on Science, Space, 

20 and Technology of the House of Representatives and 

21 the Committee on Commerce, Science, and Trans22 portation of the Senate, a report containing the re23 sults of the study required under paragraph (1). 


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1 (b) DEFINITION OF LANDSAT SYSTEM.—In this sec2 tion, the term ‘‘Landsat system’’ has the meaning given 

3 that term in section 60101 of title 51, United States Code. 

4 SEC. 305. EARTH SCIENCE MISSIONS. 

5 The Administrator shall continue to restructure the 

6 Earth science portfolio of NASA to reduce overall costs, 

7 support innovative and sustainable programs and missions 

8 with commercial and international partners, and align 

9 with the recommendations of the National Academy of 

10 Sciences included in the publication published in 2018 ti11 tled ‘‘Thriving on Our Changing Planet: A Decadal Strat12 egy for Earth Observation from Space’’ to ensure that the 

13 Earth science portfolio is focused on the highest priority 

14 missions for the science and applications communities 

15 within a balanced, comprehensive Earth science program. 

16 SEC. 306. GODDARD INSTITUTE FOR SPACE STUDIES IN17 SPECTOR GENERAL REPORT. 

18 Not later than 180 days after the date of enactment 

19 of this Act, the Administrator shall transmit to the Com20 mittee on Science, Space, and Technology of the House 

21 of Representatives and the Committee on Commerce, 

22 Science, and Transportation of the Senate, a report con23 taining the results of NASA’s implementation of the rec24 ommendations identified in the report published by the 

25 NASA Office of Inspector General on April 5, 2018, titled 


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1 ‘‘NASA’s Management GISS: The Goddard Institute for 

2 Space Studies’’. 

3 Subtitle B—Astronomy and 

4 Astrophysics 

5 SEC. 311. SEARCH FOR THE ORIGIN, EVOLUTION, DISTRIBU6 TION, AND FUTURE OF LIFE IN THE UNI7 VERSE. 

8 (a) POLICY.—Section 20102(d)(10) of title 51, 

9 United States Code, includes the search for life’s origin, 

10 evolution, distribution, and future in the universe as an 

11 objective of U.S. aeronautical and space activities. 

12 (b) IN GENERAL.—NASA shall partner with the pri13 vate sector and philanthropic organizations to the max14 imum extent practicable to search for technosignatures, 

15 such as radio transmissions, in order to meet the NASA 

16 objective to search for life’s origin, evolution, distribution, 

17 and future in the universe. 

18 (c) REPORT.—Not later than 90 days after the date 

19 of enactment of this Act, the Administrator shall submit 

20 to the Committee on Science, Space, and Technology of 

21 the House of Representatives and the Committee on Com22 merce, Science, and Transportation of the Senate a report, 

23 produced in consultation with industry and academia, on 

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1 tribute to the search for life’s origin, evolution, distribu2 tion, and future in the universe. 

3 (d) AUTHORIZED FUNDING.—Subject to the avail4 ability of appropriations, the Administrator shall make 

5 available at least $10,000,000 for each of fiscal years 

6 2018 and 2019 for the search for technosignatures. 

7 SEC. 312. WIDE-FIELD INFRARED SPACE TELESCOPE. 

8 (a) FINDINGS.—Congress finds the following: 

9 (1) Concurrent flagship programs challenge sig10 nificantly NASA’s program management capacity, 

11 especially during later stages of the program man12 agement process. 

13 (2) The Wide-Field Infrared Space Telescope 

14 (hereinafter referred to as ‘‘WFIRST’’) was can15 celled in the President’s fiscal year 2019 budget re16 quest. 

17 (3) WFIRST was funded in the amount of 

18 $150,000,000 in NASA’s appropriation for fiscal 

19 year 2018. 

20 (4) Pursuant to direction in NASA’s appropria21 tion for fiscal year 2018, NASA is conducting a pre22 liminary life-cycle cost estimate, including any addi23 tions needed to achieve Class A classification, along 

24 with a year-by-year breakout of development costs. 


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1 (5) Until such preliminary life-cycle cost esti2 mate is complete, Congress has insufficient informa3 tion to judge whether or not WFIRST should be au4 thorized to proceed in fiscal year 2019. 

5 (b) TOTAL COST.—The total formulation and devel6 opment cost, as such term is defined in section 30104 of 

7 title 51, United States Code, for the Wide-Field Infrared 

8 Space Telescope shall not exceed $3,200,000,000. 

9 (c) BUDGET.—The Administrator shall include in the 

10 budget for fiscal year 2020 a 5-year funding profile nec11 essary to achieve the goal in subsection (b). 

12 (d) LIMITATION.—The Administrator shall not pro13 cure a launch vehicle for the Wide-Field Infrared Space 

14 Telescope until the James Webb Space Telescope is oper15 ational in space. 

16 Subtitle C—Planetary Science 

17 SEC. 321. NEAR-EARTH OBJECT SURVEY. 

18 (a) FINDINGS.—Congress finds the following: 

19 (1) The George E. Brown, Jr. Near-Earth Ob20 ject Survey Act (Public Law 109–155) established 

21 the Near-Earth Object Survey program to detect, 

22 track, and catalogue the physical characteristics of 

23 near-Earth objects equal to or greater than 140 me24 ters in diameter in order to assess the threat of such 

25 objects to Earth. 


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1 (2) The goal of the Survey program is to 

2 achieve 90 percent completion of the near-Earth 

3 project catalogue (based on statistically predicted 

4 populations of near-Earth objects) not later than 15 

5 years after the date of the enactment of the George 

6 E. Brown, Jr. Near-Earth Object Survey Act. 

7 (3) NASA has been successful finding more 

8 than 90 percent of the near-Earth asteroids larger 

9 than one kilometer but has only found about 30 per10 cent of the near-Earth objects larger than 140 me11 ters. 

12 (4) The vast majority of near-Earth object dis13 coveries have been made by NASA-supported 

14 ground-based telescopic surveys. 

15 (b) SENSE OF CONGRESS.—It is the sense of Con16 gress that— 

17 (1) in order to meet the statutory requirements 

18 of the George E Brown, Jr. Near-Earth Object Sur19 vey Act (Public Law 109–155), a space-based tele20 scope mission should be fully funded and supported 

21 by NASA and carried out by the Planetary Defense 

22 Coordination Office; and 

23 (2) the space-based telescope Near-Earth Ob24 ject Camera mission, or a similar infrared telescope 

25 concept optimized for near-Earth object search and 


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1 characterization, could discover and characterize 

2 most of the potentially hazardous asteroids that are 

3 near the Earth. 

4 SEC. 322. SPACE NUCLEAR POWER. 

5 (a) FINDING.—Congress finds that in-space nuclear 

6 fission power complements the use of Plutonium-238 radi7 oisotope thermoelectric generators (in this section referred 

8 to as ‘‘RTG’’) for spacecraft power needs. 

9 (b) POLICY.—It is the policy of the United States— 

10 (1) to continue the development of in-space nu11 clear fission technology, as necessary, for purposes 

12 including— 

13 (A) in-space power generation for advanced 

14 in-space propulsion; 

15 (B) onboard power generation to replace or 

16 supplement RTG systems; 

17 (C) power generation on the surface of ce18 lestial bodies; 

19 (D) extraction and processing of in situ re20 sources; and 

21 (E) nuclear thermal and nuclear electric 

22 propulsion able to transport crew or cargo 

23 among Earth and other celestial bodies much 

24 more rapidly than is practical with non-nuclear 

25 systems; 


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1 (2) that research and development of in-space 

2 nuclear fission power should be carried out as part 

3 of a portfolio that appropriately balances develop4 ment of power systems at different sizes and matu5 rities, with an emphasis on early development of ma6 ture, operational systems; and 

7 (3) that NASA should continually seek to 

8 streamline the process for space launch approval of 

9 nuclear materials, eliminate redundant and 

10 unneeded processes, and regularize the process for 

11 efficient, regular functioning, and toward that end, 

12 the Administrator should update the launch approval 

13 process and seek to establish a licensing process for 

14 private nuclear power sources in space. 

15 (c) SPACE NUCLEAR POWER REPORT.— 

16 (1) IN GENERAL.—Not later than 180 days 

17 after the date of enactment of this Act, the Adminis18 trator shall submit to the Committee on Science, 

19 Space, and Technology of the House of Representa20 tives and the Committee on Commerce, Science, and 

21 Transportation of the Senate a report, produced in 

22 consultation with industry and academia, on the use 

23 and role of nuclear fission power in space. 

24 (2) CONTENTS.—The report required under 

25 paragraph (1) shall include— 


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1 (A) an assessment of the prospects for in2 space nuclear fission reactors, describing par3 ticular roles and missions for which nuclear 

4 power is uniquely well-suited; 

5 (B) a description of the convergence be6 tween NASA’s existing Plutonium-238 RTG 

7 programs and ongoing nuclear thermal propul8 sion and nuclear power generation development 

9 programs; 

10 (C) a detailed plan for encouraging conver11 gence between NASA’s various nuclear power 

12 and propulsion efforts; 

13 (D) an identification of key infrastructure 

14 and facilities needed for the development of in15 space nuclear fission power reactors; 

16 (E) an identification of particular legal 

17 issues, including regulatory challenges, that 

18 must be addressed for the use of nuclear fission 

19 power systems; 

20 (F) how small in-space nuclear fission re21 actors can complement or replace existing and 

22 planned radioisotope thermal generator capa23 bilities; and 


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1 (G) information on very low cost, high reli2 ability designs that can be made operational 

3 quickly. 

4 (d) DEMONSTRATION.—NASA should demonstrate a 

5 nuclear electric power reactor for use in space using exist6 ing authorized funding levels and within a schedule made 

7 possible by appropriated funding. 

8 TITLE IV—AERONAUTICS 

9 SEC. 401. SUPERSONIC RESEARCH. 

10 (a) POLICY.—It is the policy of the United States to 

11 reduce Government barriers to the development of civil su12 personic transportation. 

13 (b) RESEARCH.—Section 40112(a) of title 51, United 

14 States Code, is amended— 

15 (1) by striking ‘‘The Administrator’’ and insert16 ing the following: 

17 ‘‘(1) IN GENERAL.—The Administrator’’; and 

18 (2) by adding at the end the following: 

19 ‘‘(2) RESEARCH.—The Administrator, in con20 sultation with the Administrator of the Federal 

21 Aviation Administration, shall undertake research on 

22 supersonic transport to inform and accelerate the 

23 promulgation of domestic regulations and inter24 national standards and recommended practices that 


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1 will open up the U.S. civil airspace to civil super2 sonic transport.’’. 

3 SEC. 402. UNMANNED AIRCRAFT SYSTEMS RESEARCH. 

4 (a) IN GENERAL.— 

5 (1) TITLE 51.—Chapter 315 of title 51, United 

6 States Code, is amended by adding at the end the 

7 following: 

8 ‘‘§ 31506. Unmanned aircraft systems research 

9 ‘‘The Administrator, in consultation with the Admin10 istrator of the Federal Aviation Administration and other 

11 Federal agencies, shall conduct research on facilitating the 

12 safe integration of unmanned aircraft systems into the na13 tional airspace system, including— 

14 ‘‘(1) positioning and navigation systems; 

15 ‘‘(2) sense-and-avoid capabilities; 

16 ‘‘(3) secure data and communication links; 

17 ‘‘(4) flight recovery systems; and 

18 ‘‘(5) human systems integration.’’. 

19 (2) CONFORMING AMENDMENT.—The table of 

20 sections for chapter 315 of title 51, United States 

21 Code, is amended by adding at the end the following 

22 new item: 

‘‘31506. Unmanned aircraft systems research.’’. 

23 (b) COOPERATIVE UNMANNED AERIAL VEHICLE AC24 TIVITIES.—Section 31504 of title 51, United States Code, 

25 is amended by adding at the end the following: ‘‘OperVerDate Sep 11 2014 20:38 Apr 13, 2018 Jkt 079200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H5503.IH H5503

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1 ational flight data derived from such cooperative agree2 ments shall be made available, in appropriate and usable 

3 formats, to the Administration and the Federal Aviation 

4 Administration for the development of regulatory stand5 ards.’’. 

6 SEC. 403. 21ST CENTURY AERONAUTICS RESEARCH CAPA7 BILITIES INITIATIVE. 

8 (a) ESTABLISHMENT.—The Administrator shall es9 tablish an initiative to be known as the 21st Century Aero10 nautics Research Capabilities Initiative, funded through 

11 the Construction of Facilities account, to ensure that 

12 NASA possesses the infrastructure capabilities and com13 putational tools necessary to conduct flight demonstration 

14 projects across the range of NASA aeronautics interests. 

15 (b) ACTIVITIES.—In carrying out the 21st Century 

16 Aeronautics Research Capabilities Initiative, the Adminis17 trator shall— 

18 (1) upgrade and create facilities for civil and 

19 national security aeronautics research; and 

20 (2) support flight testing activities. 

21 (c) OPERATING MODEL.—In carrying out the 21st 

22 Century Aeronautics Research Capabilities Initiative, the 

23 Administrator shall, to the greatest extent practicable, 

24 build on NASA’s work on developing its Operating Model 


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1 and the results of the Technical Capabilities Assessment 

2 Team. 

3 (d) REPORT.— 

4 (1) REPORT REQUIRED.—Not later than 120 

5 days after the date of enactment of this Act, the Ad6 ministrator shall submit to the Committee on 

7 Science, Space, and Technology of the House of 

8 Representatives and the Committee on Commerce, 

9 Science, and Transportation of the Senate a report 

10 containing a 5-year plan for the implementation of 

11 the 21st Century Aeronautics Research Capabilities 

12 Initiative. 

13 (2) ELEMENTS.—The report required under 

14 this subsection shall include— 

15 (A) a description of proposed projects; 

16 (B) a description of how the projects align 

17 with the Aeronautics Strategic Implementation 

18 Plan; and 

19 (C) a timetable for carrying out activities 

20 and initiatives authorized under this section. 

21 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

22 are authorized to be appropriated $50,000,000, funded 

23 through the Construction of Facilities account, for fiscal 

24 year 2019 to carry out this section. 


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1 SEC. 404. EXPERIMENTAL PLANE PROGRAM. 

2 (a) POLICY.—It is the policy of the United States to 

3 maintain the role of the United States as a world leader 

4 in aeronautical science and technology. 

5 (b) OBJECTIVE.—A fundamental objective of NASA 

6 aeronautics research is the steady progression and expan7 sion of high-speed flight research and capabilities, includ8 ing the science and technology of critical underlying dis9 ciplines and competencies, the most important of which 

10 are computational-based analytical and predictive tools 

11 and methodologies, aero thermodynamics, high-speed 

12 flight propulsion, high-temperature structures and mate13 rials, and flight controls. 

14 SEC. 405. HYPERSONIC TECHNOLOGY PROJECT. 

15 (a) FINDINGS.—Congress finds that— 

16 (1) the development of new hypersonic flight 

17 technologies is important to the United States; 

18 (2) though hypersonic flight technologies are 

19 likely to be applied to enhance defense systems in 

20 the near-term, in the long-term, application of such 

21 technologies may expand to include improved access22 to-space capabilities that benefit NASA; and 

23 (3) NASA maintains specialized facilities and 

24 experts who will focus on research areas that explore 

25 challenges in hypersonic flight. 


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1 (b) POLICY.—In carrying out the Hypersonic Tech2 nology project, NASA should focus research and develop3 ment efforts on high-speed propulsion systems, reusable 

4 vehicle technologies, high-temperature materials, and sys5 tems analysis. 

6 (c) AUTHORIZED FUNDING.—Subject to the avail7 ability of appropriations, the Administrator shall make 

8 available at least $30,000,000 for fiscal year 2019 for the 

9 Hypersonic Technology project. 

10 TITLE V—COMMERCIAL 

11 SEC. 501. COMMERCIAL SUPPLY OF SPACE PRODUCTS. 

12 (a) IN GENERAL.—Subchapter II of chapter 501 of 

13 title 51, United States Code, is amended by adding at the 

14 end the following: 

15 ‘‘§ 50117. Commercial supply of space products 

16 ‘‘(a) IN GENERAL.—In planning and carrying out 

17 space exploration missions, the Administrator shall, to the 

18 greatest extent practicable, prioritize the acquisition and 

19 use of space products provided by a United States com20 mercial provider or through a public-private partnership 

21 with a United States commercial provider. 

22 ‘‘(b) SPACE PRODUCT DEFINED.—In this section, the 

23 term ‘space product’ means a tangible good, including a 

24 finished good, or commodity, including a propellant, water, 

25 oxygen, or gas, that— 


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1 ‘‘(1) is required for space exploration activities; 

2 and 

3 ‘‘(2) originates in outer space. 

4 ‘‘(c) COMMODITIES USED IN SPACE.— 

5 ‘‘(1) LIST OF COMMODITIES.—In planning a 

6 space exploration mission, the Administrator shall 

7 create a list of commodities to be used during such 

8 mission. The list shall include specification of each 

9 commodity, anticipated quantity, and the location 

10 and the timeframe of need. 

11 ‘‘(2) COMMODITY COST BASIS.—For each com12 modity listed pursuant paragraph (1), NASA shall 

13 establish a commodity cost basis that shall represent 

14 the lesser of— 

15 ‘‘(A) the estimated cost to procure the 

16 commodity on Earth and deliver the commodity 

17 to the location of use; and 

18 ‘‘(B) the estimated cost for the Govern19 ment to procure the equivalent commodity that 

20 is a space product. 

21 ‘‘(3) PUBLICATION.—The Administrator shall 

22 annually publish the information compiled under 

23 paragraphs (1) and (2) during the previous calendar 

24 year. 


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1 ‘‘(d) EXCEPTIONS.—The Administrator shall not be 

2 required to prioritize the acquisition of space products for 

3 the purposes described in subsection (a) if, on a case-by4 case basis— 

5 ‘‘(1) the Administrator determines that— 

6 ‘‘(A) cost-effective space products that 

7 meet specific mission requirements would not be 

8 reasonably available from United States com9 mercial providers when required; 

10 ‘‘(B) the use of space products from 

11 United States commercial providers poses an 

12 unacceptable mission risk; or 

13 ‘‘(C) the use of space products is incon14 sistent with international agreements for inter15 national collaborative efforts relating to science 

16 and technology; or 

17 ‘‘(2) the Secretary of the Air Force determines 

18 that the use of space commodities from United 

19 States commercial providers is inconsistent with na20 tional security objectives. 

21 ‘‘(e) AGREEMENTS WITH FOREIGN ENTITIES.— 

22 Nothing in this section shall prevent the Administrator 

23 from planning or negotiating agreements with foreign gov24 ernmental entities for the provision of space products.’’. 


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1 (b) CONFORMING AMENDMENT.—Subchapter II of 

2 chapter 501 of title 51, United States Code, is amended 

3 by adding at the end the following: 

‘‘50117. Commercial supply of space products.’’. 

4 SEC. 502. COMMERCIAL PROVISION OF SERVICES. 

5 (a) IN GENERAL.—Subchapter II of chapter 501 of 

6 title 51, United States Code, is further amended by adding 

7 at the end the following: 

8 ‘‘§ 50118. Commercial provision of services 

9 ‘‘(a) IN GENERAL.—In planning and carrying out 

10 space exploration missions, the Administrator shall, to the 

11 greatest extent practicable, acquire services to be carried 

12 out in outer space by a United States commercial provider 

13 or through a public-private partnership with a United 

14 States commercial provider to support such missions. 

15 ‘‘(b) EXCEPTIONS.—The Administrator shall not be 

16 required to acquire services under subsection (a) from a 

17 United States commercial provider or through a public18 private partnership with a United States commercial pro19 vider if, on a case-by-case basis— 

20 ‘‘(1) the Administrator determines that— 

21 ‘‘(A) cost-effective services that meet spe22 cific mission requirements would not be reason23 ably available from United States commercial 

24 providers when required; 


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1 ‘‘(B) the use of such services from United 

2 States commercial providers poses an unaccept3 able mission risk; or 

4 ‘‘(C) the use of such services is incon5 sistent with international agreements for inter6 national collaborative efforts relating to science 

7 and technology; or 

8 ‘‘(2) the Secretary of the Air Force determines 

9 that the use of services from United States commer10 cial providers is inconsistent with national security 

11 objectives. 

12 ‘‘(c) AGREEMENTS WITH FOREIGN ENTITIES.— 

13 Nothing in this section shall prevent the Administrator 

14 from planning or negotiating agreements with foreign gov15 ernmental entities for the provision of support services to 

16 be carried out in outer space.’’. 

17 (b) CONFORMING AMENDMENT.—Subchapter II of 

18 chapter 501 of title 51, United States Code, is further 

19 amended by adding at the end the following: 

‘‘50118. Commercial provision of services.’’. 

20 SEC. 503. COMMERCIAL IN-SPACE INFRASTRUCTURE. 

21 (a) IN GENERAL.—Subchapter II of chapter 501 of 

22 title 51, United States Code, is further amended by adding 

23 at the end the following: 


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1 ‘‘§ 50119. Commercial in-space infrastructure 

2 ‘‘(a) IN GENERAL.—In planning and carrying out 

3 space exploration missions, the Administrator shall, to the 

4 greatest extent practicable, make use of commercial in5 space infrastructure to support such missions. 

6 ‘‘(b) COMMERCIAL IN-SPACE INFRASTRUCTURE.—In 

7 this section, the term ‘commercial in-space infrastructure’ 

8 means infrastructure that is— 

9 ‘‘(1) owned, managed, or built by a United 

10 States commercial provider or through a public-pri11 vate partnership with a United States commercial 

12 provider; and 

13 ‘‘(2) located more than 320,000 kilometers 

14 from the Earth’s surface. 

15 ‘‘(c) EXCEPTIONS.—The Administrator shall not be 

16 required to use commercial in-space infrastructure if, on 

17 a case-by-case basis— 

18 ‘‘(1) the Administrator determines that— 

19 ‘‘(A) cost-effective infrastructure that 

20 meets specific mission requirements would not 

21 be reasonably available from United States 

22 commercial providers when required; 

23 ‘‘(B) the use of commercial in-space infra24 structure poses an unacceptable mission risk; or 

25 ‘‘(C) the use of commercial in-space infra26 structure is inconsistent with international 


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1 agreements for international collaborative ef2 forts relating to science and technology; or 

3 ‘‘(2) the Secretary of the Air Force determines 

4 that the use of commercial in-space infrastructure is 

5 inconsistent with national security objectives. 

6 ‘‘(d) AGREEMENTS WITH FOREIGN ENTITIES.— 

7 Nothing in this section shall prevent the Administrator 

8 from planning or negotiating agreements with foreign gov9 ernmental entities for the use infrastructure in support 

10 of United States civil government activities in outer 

11 space.’’. 

12 (b) CONFORMING AMENDMENT.—Subchapter II of 

13 chapter 501 of title 51, United States Code, is further 

14 amended by adding at the end the following: 

‘‘50119. Commercial in-space infrastructure.’’. 

15 SEC. 504. PREFERENCE FOR LAUNCH VEHICLES MANUFAC16 TURED IN THE UNITED STATES. 

17 It is the sense of Congress that the Administrator 

18 should, to the greatest extent possible, with respect to en19 tering into contracts for commercial space data and serv20 ices, provide weighed preference, selection points, and 

21 other incentives for the use of launch vehicles that are 

22 manufactured in the United States. 

23 SEC. 505. STUDIES ON INDUSTRIAL BASE. 

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1 dustry and Security survey of the United States aerospace 

2 industrial base until the date that is 30 days after the 

3 date on which the Administrator submits to the Com4 mittee on Science, Space, and Technology of the House 

5 of Representatives and the Committee on Commerce, 

6 Science, and Transportation of the Senate a written notifi7 cation that includes— 

8 (1) the proposed subject matter of such survey; 

9 (2) a description of the information to be re10 quired of survey respondents; and 

11 (3) any penalties proposed to be assessed by the 

12 Federal Government against respondents for non13 compliance with survey requirements. 

14 SEC. 506. SPECTRUM COORDINATION. 

15 (a) IN GENERAL.—The Administrator shall develop 

16 and implement a plan to more effectively and efficiently, 

17 taking into account NASA’s spectrum requirements, share 

18 electromagnetic spectrum assigned to NASA with United 

19 States nongovernmental entities operating or proposing to 

20 operate space objects. 

21 (b) REPORT.—Not later than 180 days after the date 

22 of enactment of this Act, the Administrator shall submit 

23 to the Committee on Science, Space, and Technology of 

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1 merce, Science, and Transportation of the Senate a report 

2 on the plan developed under subsection (a). 

3 SEC. 507. ENHANCED-USE LEASING. 

4 (a) SENSE OF CONGRESS.—It is the sense of Con5 gress that— 

6 (1) NASA possesses a variety of unique and 

7 world-class facilities; 

8 (2) NASA is developing and using many dif9 ferent methods to offset the cost of maintaining and 

10 operating such facilities; 

11 (3) nongovernmental entities may be able to use 

12 such facilities in a manner that is cost-effective; and 

13 (4) agreements between NASA and nongovern14 mental entities regarding the use of such facilities 

15 may offset a portion of the spending of NASA. 

16 (b) EXTENSION OF AUTHORITY TO LEASE NON-EX17 CESS PROPERTY.—Section 20145(g) of title 51, United 

18 States Code, is amended by striking ‘‘December 31, 2018’’ 

19 and inserting ‘‘December 31, 2020’’. 

20 (c) CONDITION ON USE OF FUNDS.—For any year 

21 for which funds are made available under section 20145 

22 of title 51, United States Code, (as amended by subsection 

23 (b)), no funds may be expended by the Administrator 

24 under such section after January 31 unless Administrator 

25 submits, before such date, to the Committee on Science, 


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1 Space, and Technology of the House of Representatives 

2 and the Committee on Commerce, Science, and Transpor3 tation of the Senate the annual report required under such 

4 section for the prior year. 

5 SEC. 508. SATELLITE SERVICING TECHNOLOGIES. 

6 The Administrator shall continue to restructure 

7 NASA investments in the development of satellite serv8 icing technologies to reduce the overall cost to NASA and 

9 align with NASA needs for exploration. 

10 TITLE VI—POLICY 

11 SEC. 601. NASA-FUNDED INSTITUTES. 

12 (a) FINDINGS.—Congress finds that on June 9, 

13 2016, the Office of Inspector General of NASA reported 

14 that— 

15 (1) NASA does not aggregate information on 

16 the universe, status, or funding levels for the many 

17 institutes it supports; 

18 (2) the absence of this information makes it dif19 ficult for NASA leaders to strategically evaluate the 

20 scope or purpose of its institute investments and for 

21 Congress and other stakeholders to understand how 

22 NASA is spending more than three-quarters of a bil23 lion dollars of its budget annually; 


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1 (3) absent comprehensive, centralized informa2 tion about these investments, it may be difficult for 

3 NASA to avoid duplication among its efforts; 

4 (4) NASA has not defined what constitutes an 

5 institute or established guidance and metrics on the 

6 management, use, or expectations for return on in7 vestment; 

8 (5) such guidance may enable NASA to gain a 

9 better understanding of how funds directed to 

10 NASA-funded institutes are utilized to accomplish 

11 the mission and goals of NASA, increase its return 

12 on investment, and evaluate the performance of such 

13 institutes; and 

14 (6) NASA lacks a standard process to assess a 

15 potential grantee’s financial condition prior to grant 

16 award or to impose additional reporting or oversight 

17 requirements that such a condition may warrant, 

18 and without such a mechanism, NASA risks making 

19 uninformed investment decisions. 

20 (b) INSTITUTE BUDGETS.—Section 30103(a) of title 

21 51, United States Code, is amended— 

22 (1) in paragraph (5), by striking ‘‘and’’ at the 

23 end; 

24 (2) by redesignating paragraph (6) as para25 graph (7); and 


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1 (3) by inserting after paragraph (5) the fol2 lowing: 

3 ‘‘(6) the budget for each NASA-funded insti4 tute; and’’. 

5 (c) REPORT.—Not later than 90 days after the date 

6 of enactment of this Act, the Administrator shall submit 

7 to the Committee on Science, Space, and Technology of 

8 the House of Representatives and the Committee on Com9 merce, Science, and Transportation of the Senate a report 

10 that recommends guidance and metrics for the manage11 ment, utilization, expectations for return on investment, 

12 and financial condition of NASA-funded institutes. 

13 SEC. 602. BASELINE AND COST CONTROLS. 

14 Section 30104(e)(1)(A) of title 51, United States 

15 Code, is amended— 

16 (1) in clause (ii) by striking ‘‘and’’ at the end; 

17 (2) in clause (iii) by striking ‘‘and’’ at the end; 

18 and 

19 (3) by adding at the end the following: 

20 ‘‘(iv) any changes made in the per21 formance or schedule milestones and the 

22 degree to which such changes have contrib23 uted to the increase in total cost; 

24 ‘‘(v) new estimates of the specific 

25 project or specific program cost; and 


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1 ‘‘(vi) a statement validating that the 

2 management structure of the project or 

3 program is adequate to control cost; and’’. 

4 SEC. 603. REPORTS TO CONGRESS. 

5 (a) IN GENERAL.—Chapter 301 of title 51, United 

6 States Code, is amended by adding at the end the fol7 lowing: 

8 ‘‘§ 30105. Concurrent reports 

9 ‘‘For any report that the Administration submits to 

10 the Committee on Appropriations of the House of Rep11 resentatives or the Committee on Appropriations of the 

12 Senate, the Administrator shall concurrently submit such 

13 report to the Committee on Science, Space, and Tech14 nology of the House of Representatives and the Com15 merce, Science, and Transportation Committee of the Sen16 ate.’’. 

17 (b) CONFORMING AMENDMENT.—The table of sec18 tions for chapter 301 of title 51, United States Code, is 

19 amended by adding at the end the following: 

‘‘30105. Concurrent reports.’’. 

20 SEC. 604. INTERNATIONAL TECHNICAL AND OPERATIONAL 

21 STANDARDS. 

22 (a) FINDINGS.—Congress finds that— 

23 (1) section 71301 of title 51, United States 

24 Code, directs the Administrator to ‘‘enter into dis25 cussions with the appropriate representatives of 


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1 spacefaring nations who have or plan to have crew 

2 transportation systems capable of orbital flight or 

3 flight beyond low Earth orbit for the purpose of 

4 agreeing on a common docking system standard’’; 

5 (2) the development of an international docking 

6 standard has been beneficial in promoting Govern7 ment and private sector space exploration, interoper8 ability, and United States international leadership; 

9 (3) NASA continues the development described 

10 in paragraph (2) by coordinating the development of 

11 joint international deep space interoperability stand12 ards; and 

13 (4) the long-term goals of NASA, as described 

14 in section 202(a) of the National Aeronautics and 

15 Space Administration Authorization Act of 2010 (42 

16 U.S.C. 18312(a)), include expanding permanent 

17 human presence beyond low-Earth orbit. 

18 (b) SENSE OF CONGRESS.—It is the sense of Con19 gress that— 

20 (1) the plans of NASA for crewed exploration 

21 beyond low-Earth orbit should involve a wide array 

22 of partners to address the technological challenges of 

23 deep space exploration; 

24 (2) the development of common terminology 

25 and concepts for spacecraft design and safety will 


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1 help promote NASA leadership in space and space2 craft design; 

3 (3) the adoption of common design and safety 

4 terminology and concepts across NASA would enable 

5 NASA to pursue the long-term goals of NASA, de6 scribed in section 202(a) of the National Aero7 nautics and Space Administration Authorization Act 

8 of 2010 (42 U.S.C. 18312(a)), in a manner that is 

9 effective and efficient; and 

10 (4) NASA should continue to develop and pro11 mote common terminology and concepts for space12 craft design and safety. 

13 SEC. 605. NASA CONTRACTOR RESPONSIBILITY WATCH 

14 LIST. 

15 (a) IN GENERAL.—The Administrator shall establish 

16 and maintain a watch list of contractors with a history 

17 of poor performance on space procurement contracts or 

18 research, development, test, and evaluation space program 

19 contracts. 

20 (b) BASIS FOR INCLUSION ON LIST.— 

21 (1) DETERMINATION.—The Administrator may 

22 place a contractor, including parties contracting 

23 under other transaction authorities, on the watch list 

24 established under subsection (a) upon determining 

25 that the ability of the contractor to perform a conVerDate Sep 11 2014 20:38 Apr 13, 2018 Jkt 079200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\H5503.IH H5503

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1 tract specified in such subsection is uncertain be2 cause of any of the following: 

3 (A) Poor performance or award fee scores 

4 below 50 percent. 

5 (B) Financial concerns. 

6 (C) Felony convictions or civil judgements. 

7 (D) Security or foreign ownership and con8 trol issues. 

9 (2) DISCRETION OF THE ADMINISTRATOR.— 

10 The Administrator shall be responsible for deter11 mining which contractors to place on the watch list, 

12 whether an entire company or a specific division 

13 should be included, and when to remove a contractor 

14 from the list. 

15 (c) EFFECT OF LISTING.— 

16 (1) PRIME CONTRACTS.—NASA may not solicit 

17 an offer from, award a contract to, execute an engi18 neering change proposal with, or exercise an option 

19 on any program of NASA with a contractor included 

20 on the list established under subsection (a) without 

21 the prior direct approval of the Administrator. 

22 (2) SUBCONTRACTS.—A prime contractor on a 

23 contract entered into with NASA may not enter into 

24 a subcontract valued in excess of $3,000,000 or five 

25 percent of the prime contract value, whichever is 


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1 lesser, with a contractor included on the watch list 

2 established under subsection (a) without the prior 

3 approval of the Administrator. 

4 (d) REQUEST FOR REMOVAL FROM LIST.—A con5 tractor may submit to the Administrator a written request 

6 for removal from the watch list, including evidence that 

7 the contractor has resolved the issue that was the basis 

8 for inclusion on the list. 

9 (e) RULE OF CONSTRUCTION.—Nothing in this sec10 tion shall be construed as preventing the suspension or 

11 debarment of a contractor, but inclusion on the watch list 

12 shall not be construed as a punitive measure or de facto 

13 suspension or debarment of a contractor. 

14 SEC. 606. HUMAN SPACE EXPLORATION RISK. 

15 (a) FINDINGS.—Congress finds the following: 

16 (1) American leadership in the peaceful explo17 ration and use of outer space has been a long-stand18 ing priority for the United States. 

19 (2) The reestablishment of the National Space 

20 Council by President Trump demonstrates the stra21 tegic importance of outer space to the Nation. 

22 (3) The December 2017 National Security 

23 Strategy of the United States establishes the broad 

24 strategic importance of outer space exploration and 

25 use for the United States. 


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1 (b) SENSE OF CONGRESS.—It is the sense of Con2 gress that— 

3 (1) exploration and use of outer space is a mat4 ter of broad, national strategic importance; and 

5 (2) space exploration decision-making and re6 quirement-setting in such a strategic context is com7 plex, especially with respect to setting appropriate 

8 priorities and levels of risk tolerance. 

9 (c) REPORT ON INHERENT JUSTIFIABLE RISK.— 

10 (1) IN GENERAL.—Not later than 1 year after 

11 the date of enactment of this Act, the National 

12 Space Council, or its designee, shall submit to Con13 gress and make available to the public a report re14 lating the broad strategic national importance of 

15 space to the inherent, justifiable risk of the explo16 ration and use of space. 

17 (2) POLICY AND STRATEGY.—The Adminis18 trator shall engage with appropriate members of the 

19 private sector, academia, and nonprofit organiza20 tions on a policy and strategy of enterprise-level en21 gineering and operational risk management to 

22 present in the report that addresses inherent, justifi23 able risks of loss of life that may occur in space ex24 ploration and use. 


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1 (3) CONTENTS.—The report required under 

2 paragraph (1) shall— 

3 (A) clarify the broad strategic case and 

4 value of space; 

5 (B) address inherent, justifiable risks of 

6 loss of life that may occur in space exploration 

7 and use; and 

8 (C) discuss enterprise- and architecture9 level approaches for exploration risk manage10 ment. 

Æ 


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