IB 

Union Calendar No. 853 

115TH CONGRESS 

2D SESSION H. R. 5503 

[Report No. 115–1102] 

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 

DECEMBER 21, 2018 

Additional sponsors: Mr. LUCAS, Mr. POSEY, Mrs. COMSTOCK, Mr. ABRAHAM, 

Mr. BANKS of Indiana, Mr. BIGGS, Mr. DUNN, Mr. WEBER of Texas, Mr. 

HULTGREN, Mr. MARSHALL, Mr. WEBSTER of Florida, and Mr. 

LOUDERMILK

DECEMBER 21, 2018 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on April 13, 2018] 


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A BILL 

To authorize the programs of the National Aeronautics and 

Space Administration for fiscal years 2018 and 2019, 

and for other purposes. 


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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 ‘‘Na5 tional Aeronautics and Space Administration Authoriza6 tion 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. 

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. 

Sec. 206. Mobile launch platform and interim cryogenic propulsion stage. 

Sec. 207. Mars 2033. 

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. 


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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. 

Sec. 406. Report. 

TITLE V—COMMERCIAL 

Sec. 501. Commercial supply of space products. 

Sec. 502. Space services and in-space infrastructure. 

Sec. 503. Preference for launch vehicles manufactured in the United States. 

Sec. 504. Studies on industrial base. 

Sec. 505. Enhanced-use leasing. 

Sec. 506. Satellite servicing. 

TITLE VI—POLICY 

Sec. 601. NASA-funded institutes. 

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. 

Sec. 607. NASA launch support and infrastructure modernization program. 

Sec. 608. Reaffirmations on orbital debris. 

Sec. 609. Federal-State partnerships. 

Sec. 610. Security management of foreign national access. 

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 out 

7 to and including the region around the surface of the 

8 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. 


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1 (5) NEAR-EARTH OBJECT.—The term ‘‘near2 Earth object’’ means an asteroid or comet with a per3 ihelion distance of less than 1.3 Astronomical Units 

4 from the Sun. 

5 (6) NONPROFIT ORGANIZATION.—The term ‘‘non6 profit organization’’ means an organization deter7 mined by the Secretary of the Treasury to be an orga8 nization described in section 501(c)(3) of the Internal 

9 Revenue Code of 1986 (26 U.S.C. 501(c)(3)) which is 

10 exempt from taxation under section 501(a) of such 

11 Code. 

12 (7) ORION.—The term ‘‘Orion’’ means the multi13 purpose crew vehicle described under section 303 of 

14 the National Aeronautics and Space Administration 

15 Authorization Act of 2010 (42 U.S.C. 18323). 

16 (8) SPACE LAUNCH SYSTEM.—The term ‘‘Space 

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

18 section 3 of the National Aeronautics and Space Ad19 ministration Authorization Act of 2010 (42 U.S.C. 

20 18302). 

21 TITLE I—AUTHORIZATION OF 

22 APPROPRIATIONS 

23 SEC. 101. FISCAL YEAR 2018. 

24 There are authorized to be appropriated to NASA for 

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


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

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

3 (B) $2,227,900,000 is for Planetary Science; 

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

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

6 Space Telescope; and 

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

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

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

10 (4) For Exploration, $4,790,000,000, of which— 

11 (A) $1,350,000,000 is for Orion and associ12 ated program and other necessary support; 

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

14 System and associated program and other nec15 essary support; 

16 (C) $895,000,000 is for Exploration Ground 

17 Systems, including $350,000,000 for a second 

18 mobile launch platform and associated Space 

19 Launch System activities; and 

20 (D) $395,000,000 is for Exploration Re21 search and Development. 

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

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

24 (A) $18,000,000 is for the Established Pro25 gram to Stimulate Competitive Research; and 


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

2 Grant College and Fellowship Program. 

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

4 $2,826,900,000. 

5 (8) For Construction and Environmental Com6 pliance and Restoration, $562,240,000. 

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

8 SEC. 102. FISCAL YEAR 2019. 

9 There are authorized to be appropriated to NASA for 

10 fiscal year 2019, $21,207,140,000, as follows: 

11 (1) For Deep Space Exploration Systems, 

12 $4,929,000,000, of which— 

13 (A) $4,040,000,000 is for Exploration Sys14 tems Development, of which— 

15 (i) $1,350,000,000 is for Orion and as16 sociated program and other necessary sup17 port; 

18 (ii) $2,150,000,000 is for the Space 

19 Launch System and associated program 

20 and other necessary support; and 

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

22 Ground Systems; and 

23 (B) $889,000,000 is for Advanced Explo24 ration Systems, of which— 


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1 (i) $504,300,000 is for the Lunar Or2 bital Platform–Gateway and associated pro3 gram and other necessary support; 

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

5 Cislunar and Surface Capabilities; and 

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

7 Advanced Systems. 

8 (2) For Exploration and Research Technology, 

9 $1,017,700,000, of which— 

10 (A) $108,500,000 is for Early Stage Inno11 vation and Partnerships; 

12 (B) $216,500,000 if for Technology Matura13 tion, of which $75,000,000 is for nuclear fission 

14 and cryogenic fluid management development; 

15 (C) $332,700,000 is for Technology Dem16 onstration. 

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

18 Program; and 

19 (E) $205,000,000 is for Small Business In20 novation Research and Small Business Tech21 nology Transfer. 

22 (3) For Low-Earth Orbit and Spaceflight Oper23 ations, $4,624,600,000, of which— 

24 (A) $1,462,200,000 is for the International 

25 Space Station; 


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1 (B) $2,108,700,000 is for Space Transpor2 tation; 

3 (C) $903,700,000 is for Space Flight Sup4 port; and 

5 (D) $150,000,000 is for Commercial Low6 Earth Orbit Development. 

7 (4) For Science, $6,623,600,000, of which— 

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

9 (B) $2,636,500,000 is for Planetary Science; 

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

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

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

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

14 (A) $18,000,000 is for the Established Pro15 gram to Stimulate Competitive Research; and 

16 (B) $40,000,000 is for National Space 

17 Grant College and Fellowship Program. 

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

19 $2,749,700,000. 

20 (8) For Construction and Environmental Com21 pliance and Restoration, $438,200,000. 

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


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1 TITLE II—HUMAN EXPLORATION 

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

3 (a) SENSE OF CONGRESS.—It is the sense of Congress 

4 that space facilities for use beyond low-Earth orbit play a 

5 significant role in NASA’s long-term pursuit of its explo6 ration goals under section 202(a) of the National Aero7 nautics and Space Administration Authorization Act of 

8 2010 (42 U.S.C. 18312(a)). 

9 (b) CREWED AND CREW-TENDED SPACE FACILITIES

10 REPORT.— 

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

12 the date of enactment of this Act, the Administrator 

13 shall submit to the Committee on Science, Space, and 

14 Technology of the House of Representatives and the 

15 Committee on Commerce, Science, and Transpor16 tation of the Senate a report on the potential develop17 ment of space facilities for use beyond low-Earth 

18 orbit. 

19 (2) CONTENTS.—The report required under 

20 paragraph (1) shall include a description of— 

21 (A) how each such space facility can ad22 vance, enable, or complement human exploration 

23 of the Solar System, including of the atmosphere 

24 and the surface of celestial bodies; 


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1 (B) the role of the space facility as a stag2 ing, logistics, and operations hub in exploration 

3 architecture; 

4 (C) how the space facility can support the 

5 research, development, testing, validation, oper6 ation, and launch of space exploration systems 

7 and technologies; 

8 (D) opportunities and strategies for com9 mercial operation or public-private partnerships 

10 that protect taxpayer interests and foster com11 petition; and 

12 (E) the role of such a space facility in mak13 ing, developing, and refining the case for further 

14 crewed and uncrewed exploration investments. 

15 SEC. 202. ISS TRANSITION. 

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

17 (1) The ISS is a valuable national asset that can 

18 continue to produce worthwhile scientific research and 

19 technology. 

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

21 microgravity research and development, research in 

22 support of deep space human exploration, and low23 Earth orbit commercialization. 


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1 (3) In addition to the priorities under para2 graph (2), the United States has a larger and broader 

3 need and use for further microgravity research. 

4 (4) The ISS is the best platform currently avail5 able to conduct certain types of research needed for 

6 NASA’s deep space human exploration program with 

7 such research currently scheduled to be completed by 

8 the end of fiscal year 2024. 

9 (5) The ISS transition report, submitted pursu10 ant to section 50111(c)(2) of title 51, United States 

11 Code, provides an explanation of NASA’s plans to fos12 ter the development of private industry capabilities 

13 and private demand with a goal of ending direct 

14 NASA support for ISS operations by the end of fiscal 

15 year 2024. 

16 (6) The plans laid out in the ISS transition re17 port are conditionally flexible and require feedback to 

18 inform next steps. In addition, the feasibility of end19 ing direct NASA support for ISS operations by the 

20 end of fiscal year 2024 is dependent on many factors, 

21 some of which are indeterminate until the Adminis22 tration carries out the initial phases of the ISS tran23 sition plan. 

24 (7) The value of any in-space facility, such as 

25 the ISS, depends both on its contributions to further 


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1 expansion of human presence throughout the solar 

2 system, pursuant to section 202 of the National Aero3 nautics and Space Administration Authorization Act 

4 of 2010 (42 U.S.C. 18312) and to making existing 

5 presence self-sustaining. 

6 (8) As the United States moves towards a com7 mitment to a human presence off the surface of the 

8 Earth, other Government agencies should seek to ben9 efit from and capitalize upon the ongoing human 

10 presence in space. 

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

12 the Johnson Space Center as a center of innovation and 

13 leadership in developing human operations, including on 

14 surfaces of celestial bodies, beyond Earth, to the cis-lunar 

15 region, the Moon, Mars, and beyond. 

16 (c) ISS OPERATION.— 

17 (1) IN GENERAL.—NASA shall continue oper18 ation of the ISS for such time as Congress authorizes 

19 its operations. 

20 (2) INTERNATIONAL AGREEMENTS.—NASA shall 

21 pursue international agreements to provide maximum 

22 flexibility for ISS utilization. 

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

24 step-wise transition of low-Earth orbit human 

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1 tivity to a model where private industry is respon2 sible for how to meet and execute NASA’s require3 ments. 

4 (4) TRANSITION REPORT.—NASA shall carry out 

5 activities in fiscal year 2019 as proposed in the ISS 

6 transition report, delivered pursuant to section 

7 50111(c) of title 51, United States Code. 

8 (d) REPORTING.—In addition to the biennial report9 ing requirement under section 50111(c) of title 51, United 

10 States Code, the Administrator shall brief the Committee 

11 on Science, Space, and Technology of the House of Rep12 resentatives and the Committee on Commerce, Science, and 

13 Transportation of the Senate quarterly, beginning on the 

14 date that is 90 days after the date of enactment of this Act, 

15 on the status of, and all progress, changes, and other devel16 opments related to carrying out the plans in the ISS transi17 tion report. 

18 (e) AUTHORIZED FUNDING.—Subject to the avail19 ability of appropriations, the Administrator shall make 

20 available at least $150,000,000 for fiscal year 2019 for com21 mercial low-Earth orbit development out of the Low Earth 

22 Orbit and Spaceflight Operations account. 

23 SEC. 203. HUMAN SPACEFLIGHT RESEARCH. 

24 (a) SENSE OF CONGRESS.—It is the sense of Congress 

25 that— 


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1 (1) in line with the National Space Council Pol2 icy Directive 1, as implemented by the President’s 

3 memo of December 11, 2017, the United States should 

4 lead the return of humans to the Moon for long-term 

5 exploration and utilization, followed by human mis6 sions to Mars and other destinations; 

7 (2) the benefits derived from the peaceful use of 

8 space depend on the extent to which ground-based 

9 space infrastructure, facilities, and research are well10 integrated; and 

11 (3) NASA Johnson Space Center has the exper12 tise and facilities to support the development of the 

13 major technological innovations necessary to enable 

14 and support the nation’s ongoing commitment to 

15 human spaceflight, exploration, and continued human 

16 presence in space. 

17 (b) JOHNSON SPACE CENTER RESEARCH OFFICE.— 

18 (1) ESTABLISHMENT.—The Administrator shall 

19 establish a research office at Johnson Space Center to 

20 build upon the Center’s existing expertise in human 

21 space flight missions for future challenges. 

22 (2) RESEARCH DIRECTOR.—The head of the re23 search office shall be the research director, who shall 

24 report directly to the Director of Johnson Space Cen25 ter. 


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

2 at a minimum, the following duties: 

3 (A) Oversee a research portfolio focused on 

4 human space flight. 

5 (B) Recommend infrastructure and equip6 ment necessary to carry out a research mission. 

7 (C) Oversee professional development and 

8 continuing education, as necessary and appro9 priate, for the civil workforce as the research and 

10 innovation focus of the center increases. 

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

12 shall focus on aspects of research that are directly rel13 evant to the endeavor of human space flight, includ14 ing problems of human spaceflight and robotics sup15 porting human space exploration. 

16 (5) SUPPORT FOR HUMAN SPACEFLIGHT ACTIVI17 TIES.—Johnson Space Center shall, consistent with 

18 its primary responsibilities to NASA and other gov19 ernment customers, endeavor to make the fullest pos20 sible use of its facilities and infrastructure to support 

21 all U.S. human spaceflight activities, including those 

22 of the private sector. 

23 (c) REPORT.—Not later than 180 days after the enact24 ment of this Act, NASA and Johnson Space Center shall 

25 submit to the Committee on Science, Space, and Technology 


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1 of the House of Representatives and the Committee on Com2 merce, Science, and Transportation of the Senate a report 

3 on NASA’s progress on, and other developments related to, 

4 carrying out the requirements of this section. 

5 (d) AUTHORIZED FUNDING.—Subject to the avail6 ability of appropriations, the Administrator shall make 

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

8 the Exploration Research and Technology account to carry 

9 out this section. 

10 SEC. 204. CRITICAL PATH REDUNDANCY FOR HUMAN 

11 SPACEFLIGHT. 

12 (a) FINDINGS.—Congress finds that NASA, in coopera13 tion with private sector and international partners, has fa14 cilitated the development of a wide array of cargo and crew 

15 transportation options for operations in low-Earth orbit 

16 and beyond. 

17 (b) SENSE OF CONGRESS.—It is the sense of Congress 

18 that the availability of a multitude of launch vehicles and 

19 crew and cargo vehicles provides critical path redundancy. 

20 (c) GAO REPORT ON METRICS FOR LOGISTICAL AND

21 TRANSPORT REDUNDANCY.— 

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

23 the date of enactment of this Act, the Comptroller 

24 General of the United States shall submit to the Com25 mittee on Science, Space, and Technology of the 


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1 House of Representatives and the Committee on Com2 merce, Science, and Transportation of the Senate a 

3 report that contains an evaluation of appropriate 

4 technical benchmarks and metrics on the suitability 

5 and performance, including cost, reliability, and 

6 availability of— 

7 (A) all available crew and cargo vehicles for 

8 destinations in low-Earth orbit, cis-lunar space, 

9 and beyond; and 

10 (B) all available launch vehicles that are 

11 capable of deploying more than 20 tons to low12 Earth orbit and beyond, to support exploration 

13 and scientific missions, particularly to outer 

14 planets. 

15 (2) INCLUSION IN NASA ANALYSIS.—The Admin16 istrator shall consider the Comptroller General’s re17 port findings on benchmarks and metrics as part of 

18 NASA’s analysis of logistical and transport redun19 dancy. 

20 SEC. 205. SPACE SUITS. 

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

22 (1) Space suits and associated extravehicular ac23 tivity (in this section, referred to as ‘‘EVA’’) tech24 nologies are critical space exploration technologies. 


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1 (2) The NASA civil service workforce at the 

2 Johnson Space Center possesses unique capabilities to 

3 integrate, design, and validate space suits and associ4 ated EVA technologies. 

5 (3) Maintaining a strong core competency in the 

6 design, development, manufacture, and operation of 

7 space suits and related technologies allows NASA to 

8 be an informed purchaser of competitively awarded 

9 commercial space suits and associated EVA tech10 nologies. 

11 (4) NASA should fully utilize the International 

12 Space Station by 2025 to test future space suits and 

13 associated EVA technologies to reduce risk and im14 prove safety. 

15 (b) SPACE SUITS.— 

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

17 suits and associated EVA technologies. 

18 (2) MANAGEMENT.—The Johnson Space Center 

19 shall manage the space suit and EVA programs of 

20 NASA. 

21 (3) PRIVATE SECTOR.—In carrying out this sub22 section, the Administrator may enter into agreements 

23 with the private sector as the Administrator considers 

24 appropriate. 


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1 SEC. 206. MOBILE LAUNCH PLATFORM AND INTERIM CRYO2 GENIC PROPULSION STAGE. 

3 Consistent with NASA’s appropriation for fiscal year 

4 2018, the Administrator shall pursue the following: 

5 (1) The expeditious development of a new-build, 

6 second Mobile Launch Platform specifically designed 

7 to support the launch of Space Launch System con8 figurations that use the Exploration Upper Stage. 

9 (2) The procurement of a second Interim Cryo10 genic Propulsion Stage. 

11 SEC. 207. MARS 2033. 

12 (a) FINDING.—Congress finds that human exploration 

13 of Mars is an important objective in NASA’s human explo14 ration agenda. 

15 (b) PRIORITIZATION.—The Administrator shall 

16 prioritize timelines for fulfillment of the engineering, 

17 science, and safety requirements to reduce mission risk and 

18 ensure mission completion when evaluating human explo19 ration of Mars by 2033, if not sooner. 

20 TITLE III—SCIENCE 

21 Subtitle A—Earth Science 

22 SEC. 301. REIMBURSABLE BASIS FOR DEVELOPMENT OF 

23 SENSORS AND INSTRUMENTS. 

24 Chapter 605 of title 51, United States Code, is amend25 ed by adding at the end the following: 


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1 ‘‘§ 60507. Reimbursable basis for development of sen2 sors and instruments 

3 ‘‘Any work undertaken by the Administration for the 

4 benefit of another agency shall be conducted on a reimburs5 able basis that accounts for the full cost of the work, includ6 ing work undertaken for the development of operational 

7 Earth science systems, including satellite, sensor, or instru8 ment development, acquisition, and operations, as well as 

9 product development and data analysis.’’. 

10 (1) TECHNICAL AMENDMENT.—The table of sec11 tions for chapter 605 of title 51, United States Code, 

12 is amended by adding at the end the following: 

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

13 SEC. 302. EARTH OBSERVATIONS STUDY. 

14 Section 702 of the National Aeronautics and Space 

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

16 18371) is amended— 

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

18 the following: 

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

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

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

22 implementation plan under subsection (a), the Director 

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

24 appropriate, purchasing Earth observation data and servVerDate Sep 11 2014 22:18 Dec 21, 2018 Jkt 089200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6203 E:\BILLS\H5503.RH H5503

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1 ices from the private sector or through public-private part2 nerships to meet Earth observation requirements.’’. 

3 SEC. 303. LAND IMAGING. 

4 (a) SENSE OF CONGRESS.—It is the sense of Congress 

5 that— 

6 (1) the continuous collection and utilization of 

7 land remote sensing data from space are of major 

8 benefit in studying and understanding human im9 pacts on the global environment, in managing the 

10 Earth’s natural resources, in carrying out national 

11 security functions, and in planning and conducting 

12 many other activities of scientific, economic, and so13 cial importance; and 

14 (2) to the greatest extent practicable, the United 

15 States should foster the development of U.S. private 

16 sector remote sensing capabilities and analyses that 

17 can satisfy the public interest in long-term continuous 

18 collection of medium-resolution land remote sensing 

19 data. 

20 (b) CONTINUOUS LAND REMOTE SENSING DATA COL21 LECTION.— 

22 (1) IN GENERAL.—Subchapter IV of chapter 601 

23 of title 51, United States Code, is amended by adding 

24 at the end the following new section: 


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1 ‘‘§ 60135. Continuous land remote sensing data collec2 tion 

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

4 to— 

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

6 continuous collection of space-based, medium-resolu7 tion observations of the Earth’s land cover; 

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

9 available in such ways as to facilitate the widest pos10 sible use; and 

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

12 development of U.S. private sector remote sensing ca13 pabilities and analyses that can satisfy the public in14 terest in long-term continuous collection of medium15 resolution land remote sensing data. 

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

17 consultation with other relevant Federal agencies, shall co18 ordinate United States Government activities described 

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

20 (2) CONFORMING AMENDMENT.—The table of sec21 tions for subchapter IV of chapter 601 of title 51, 

22 United States Code, is amended by adding at the end 

23 the following new section: 

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

24 SEC. 304. LANDSAT DATA POLICY. 

25 (a) IN GENERAL.— 


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

2 may be obligated or expended for Landsat 11 or any 

3 other subsequent Landsat system until the Adminis4 trator has completed a study assessing which aspects 

5 of Landsat system observations and associated science 

6 requirements can be provided by purchasing data 

7 from the private sector or through public-private 

8 partnerships. 

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

10 date of enactment of this Act, the Administrator shall 

11 transmit to the Committee on Science, Space, and 

12 Technology of the House of Representatives and the 

13 Committee on Commerce, Science, and Transpor14 tation of the Senate, a report containing the results 

15 of the study required under paragraph (1). 

16 (b) DEFINITION OF LANDSAT SYSTEM.—In this sec17 tion, the term ‘‘Landsat system’’ has the meaning given that 

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

19 SEC. 305. EARTH SCIENCE MISSIONS. 

20 The Administrator shall continue to restructure the 

21 Earth science portfolio of NASA to reduce overall costs, sup22 port innovative and sustainable programs and missions 

23 with commercial and international partners, and align 

24 with the recommendations of the National Academy of 

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1 tled ‘‘Thriving on Our Changing Planet: A Decadal Strat2 egy for Earth Observation from Space’’ to ensure that the 

3 Earth science portfolio is focused on the highest priority 

4 missions for the science and applications communities 

5 within a balanced, comprehensive Earth science program. 

6 SEC. 306. GODDARD INSTITUTE FOR SPACE STUDIES IN7 SPECTOR GENERAL REPORT. 

8 Not later than 180 days after the date of enactment 

9 of this Act, the Administrator shall transmit to the Com10 mittee on Science, Space, and Technology of the House of 

11 Representatives and the Committee on Commerce, Science, 

12 and Transportation of the Senate, a report containing the 

13 results of NASA’s implementation of the recommendations 

14 identified in the report published by the NASA Office of 

15 Inspector General on April 5, 2018, titled ‘‘NASA’s Man16 agement of GISS: The Goddard Institute for Space Stud17 ies’’. 

18 Subtitle B—Astronomy and 

19 Astrophysics 

20 SEC. 311. SEARCH FOR THE ORIGIN, EVOLUTION, DISTRIBU21 TION, AND FUTURE OF LIFE IN THE UNI22 VERSE. 

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

24 States Code, includes the search for life’s origin, evolution, 


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1 distribution, and future in the universe as an objective of 

2 U.S. aeronautical and space activities. 

3 (b) IN GENERAL.—NASA shall partner with the pri4 vate sector and philanthropic organizations to the max5 imum extent practicable to search for technosignatures, such 

6 as radio transmissions, in order to meet the NASA objective 

7 to search for life’s origin, evolution, distribution, and future 

8 in the universe. 

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

10 of enactment of this Act, the Administrator shall submit 

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

12 House of Representatives and the Committee on Commerce, 

13 Science, and Transportation of the Senate a report, pro14 duced in consultation with industry and academia, on all 

15 NASA programs, including partnerships with the private 

16 sector and philanthropic organizations, that contribute to 

17 the search for life’s origin, evolution, distribution, and fu18 ture in the universe. 

19 (d) AUTHORIZED FUNDING.—Subject to the avail20 ability of appropriations, the Administrator shall make 

21 available at least $10,000,000 for each of fiscal years 2018 

22 and 2019 for the search for technosignatures. 

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

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


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1 (1) Concurrent flagship programs challenge sig2 nificantly NASA’s program management capacity, es3 pecially during later stages of the program manage4 ment process. 

5 (2) The Wide-Field Infrared Space Telescope 

6 (hereinafter referred to as ‘‘WFIRST’’) was cancelled 

7 in the President’s fiscal year 2019 budget request. 

8 (3) WFIRST was funded in the amount of 

9 $150,000,000 in NASA’s appropriation for fiscal year 

10 2018. 

11 (4) Pursuant to direction in NASA’s appropria12 tion for fiscal year 2018, NASA is conducting a pre13 liminary life-cycle cost estimate, including any addi14 tions needed to achieve Class A classification, along 

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

16 (5) Until such preliminary life-cycle cost esti17 mate is complete, Congress has insufficient informa18 tion to judge whether or not WFIRST should be au19 thorized to proceed in fiscal year 2019. 

20 (b) TOTAL COST.—The total formulation and develop21 ment cost, as such term is defined in section 30104 of title 

22 51, United States Code, for the Wide-Field Infrared Space 

23 Telescope shall not exceed $3,200,000,000. 


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

2 budget for fiscal year 2020 a 5-year funding profile nec3 essary to achieve the goal in subsection (b). 

4 (d) LIMITATION.—The Administrator shall not procure 

5 a launch vehicle for the Wide-Field Infrared Space Tele6 scope until the James Webb Space Telescope is operational 

7 in space. 

8 Subtitle C—Planetary Science 

9 SEC. 321. NEAR-EARTH OBJECT SURVEY. 

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

11 (1) The George E. Brown, Jr. Near-Earth Object 

12 Survey Act (Public Law 109–155) established the 

13 Near-Earth Object Survey program to detect, track, 

14 and catalogue the physical characteristics of near15 Earth objects equal to or greater than 140 meters in 

16 diameter in order to assess the threat of such objects 

17 to Earth. 

18 (2) The goal of the Survey program is to achieve 

19 90 percent completion of the near-Earth project cata20 logue (based on statistically predicted populations of 

21 near-Earth objects) not later than 15 years after the 

22 date of the enactment of the George E. Brown, Jr. 

23 Near-Earth Object Survey Act. 

24 (3) NASA has been successful finding more than 

25 90 percent of the near-Earth asteroids larger than one 


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1 kilometer but has only found about 30 percent of the 

2 near-Earth objects larger than 140 meters. 

3 (4) The vast majority of near-Earth object dis4 coveries have been made by NASA-supported ground5 based telescopic surveys. 

6 (b) SENSE OF CONGRESS.—It is the sense of Congress 

7 that— 

8 (1) in order to meet the statutory requirements 

9 of the George E Brown, Jr. Near-Earth Object Survey 

10 Act (Public Law 109–155), a space-based telescope 

11 mission should be fully funded and supported by 

12 NASA and carried out by the Planetary Defense Co13 ordination Office; and 

14 (2) the space-based telescope Near-Earth Object 

15 Camera mission, or a similar infrared telescope con16 cept optimized for near-Earth object search and char17 acterization, could discover and characterize most of 

18 the potentially hazardous asteroids that are near the 

19 Earth. 

20 SEC. 322. SPACE NUCLEAR POWER. 

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

22 fission power complements the use of Plutonium-238 radio23 isotope thermoelectric generators (in this section referred to 

24 as ‘‘RTG’’) for spacecraft power needs. 

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


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1 (1) to continue the development of in-space nu2 clear fission technology, as necessary, for purposes in3 cluding— 

4 (A) in-space power generation for advanced 

5 in-space propulsion; 

6 (B) onboard power generation to replace or 

7 supplement RTG systems; 

8 (C) power generation on the surface of celes9 tial bodies; 

10 (D) extraction and processing of in situ re11 sources; and 

12 (E) nuclear thermal and nuclear electric 

13 propulsion able to transport crew or cargo 

14 among Earth and other celestial bodies much 

15 more rapidly than is practical with non-nuclear 

16 systems; 

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

18 nuclear fission power should be carried out as part of 

19 a portfolio that appropriately balances development of 

20 power systems at different sizes and maturities, with 

21 an emphasis on early development of mature, oper22 ational systems; and 

23 (3) that NASA should continually seek to 

24 streamline the process for space launch approval of 

25 nuclear materials, eliminate redundant and unneeded 


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1 processes, and regularize the process for efficient, reg2 ular functioning, and toward that end, the Adminis3 trator should update the launch approval process and 

4 seek to establish a licensing process for private nu5 clear power sources in space. 

6 (c) SPACE NUCLEAR POWER REPORT.— 

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

8 the date of enactment of this Act, the Administrator 

9 shall submit to the Committee on Science, Space, and 

10 Technology of the House of Representatives and the 

11 Committee on Commerce, Science, and Transpor12 tation of the Senate a report, produced in consulta13 tion with industry and academia, on the use and role 

14 of nuclear fission power in space. 

15 (2) CONTENTS.—The report required under 

16 paragraph (1) shall include— 

17 (A) an assessment of the prospects for in18 space nuclear fission reactors, describing par19 ticular roles and missions for which nuclear 

20 power is uniquely well-suited; 

21 (B) a description of the convergence between 

22 NASA’s existing Plutonium-238 RTG programs 

23 and ongoing nuclear thermal propulsion and nu24 clear power generation development programs; 


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1 (C) a detailed plan for encouraging conver2 gence between NASA’s various nuclear power 

3 and propulsion efforts; 

4 (D) an identification of key infrastructure 

5 and facilities needed for the development of in6 space nuclear fission power reactors; 

7 (E) an identification of particular legal 

8 issues, including regulatory challenges, that must 

9 be addressed for the use of nuclear fission power 

10 systems; 

11 (F) how small in-space nuclear fission reac12 tors can complement or replace existing and 

13 planned radioisotope thermal generator capabili14 ties; 

15 (G) information on very low cost, high reli16 ability designs that can be made operational 

17 quickly; and 

18 (H) a cost analysis, including long-term 

19 and security costs, of the use of highly enriched 

20 uranium versus low-enriched uranium in power 

21 generation in space applications, including sur22 face power and in-space propulsion. 

23 (d) DEMONSTRATION.—NASA should demonstrate a 

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1 thorized funding levels and within a schedule made possible 

2 by appropriated funding. 

3 TITLE IV—AERONAUTICS 

4 SEC. 401. SUPERSONIC RESEARCH. 

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

6 reduce Government barriers to the development of civil su7 personic transportation. 

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

9 States Code, is amended— 

10 (1) by striking ‘‘The Administrator’’ and insert11 ing the following: 

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

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

14 ‘‘(2) RESEARCH.—The Administrator, in con15 sultation with the Administrator of the Federal Avia16 tion Administration, shall undertake research on su17 personic transport to inform and accelerate the pro18 mulgation of domestic regulations and international 

19 standards and recommended practices that will open 

20 up the U.S. civil airspace to civil supersonic trans21 port.’’. 

22 SEC. 402. UNMANNED AIRCRAFT SYSTEMS RESEARCH. 

23 (a) IN GENERAL.— 


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

2 States Code, is amended by adding at the end the fol3 lowing: 

4 ‘‘§ 31506. Unmanned aircraft systems research 

5 ‘‘The Administrator, in consultation with the Admin6 istrator of the Federal Aviation Administration and other 

7 Federal agencies, shall conduct research on facilitating the 

8 safe integration of unmanned aircraft systems into the na9 tional airspace system, including— 

10 ‘‘(1) positioning and navigation systems; 

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

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

13 ‘‘(4) flight recovery systems; and 

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

15 (2) CONFORMING AMENDMENT.—The table of sec16 tions for chapter 315 of title 51, United States Code, 

17 is amended by adding at the end the following new 

18 item: 

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

19 (b) COOPERATIVE UNMANNED AERIAL VEHICLE AC20 TIVITIES.—Section 31504 of title 51, United States Code, 

21 is amended by adding at the end the following: ‘‘Oper22 ational flight data derived from such cooperative agree23 ments shall be made available, in appropriate and usable 

24 formats, to the Administration and the Federal Aviation 


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1 Administration for the development of regulatory stand2 ards.’’. 

3 SEC. 403. 21ST CENTURY AERONAUTICS RESEARCH CAPA4 BILITIES INITIATIVE. 

5 (a) ESTABLISHMENT.—The Administrator shall estab6 lish an initiative to be known as the 21st Century Aero7 nautics Research Capabilities Initiative, funded through the 

8 Construction of Facilities account, to ensure that NASA 

9 possesses the infrastructure capabilities and computational 

10 tools necessary to conduct flight demonstration projects 

11 across the range of NASA aeronautics interests. 

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

13 Aeronautics Research Capabilities Initiative, the Adminis14 trator shall— 

15 (1) upgrade and create facilities for civil and 

16 national security aeronautics research; and 

17 (2) support flight testing activities. 

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

19 Century Aeronautics Research Capabilities Initiative, the 

20 Administrator shall, to the greatest extent practicable, build 

21 on NASA’s work on developing its Operating Model and 

22 the results of the Technical Capabilities Assessment Team. 

23 (d) REPORT.— 

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

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1 ministrator shall submit to the Committee on Science, 

2 Space, and Technology of the House of Representa3 tives and the Committee on Commerce, Science, and 

4 Transportation of the Senate a report containing a 5- 

5 year plan for the implementation of the 21st Century 

6 Aeronautics Research Capabilities Initiative. 

7 (2) ELEMENTS.—The report required under this 

8 subsection shall include— 

9 (A) a description of proposed projects; 

10 (B) a description of how the projects align 

11 with the Aeronautics Strategic Implementation 

12 Plan; and 

13 (C) a timetable for carrying out activities 

14 and initiatives authorized under this section. 

15 (e) AUTHORIZATION OF APPROPRIATIONS.—There are 

16 authorized to be appropriated $50,000,000, funded through 

17 the Construction of Facilities account, for fiscal year 2019 

18 to carry out this section. 

19 SEC. 404. EXPERIMENTAL PLANE PROGRAM. 

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

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

22 in aeronautical science and technology. 

23 (b) OBJECTIVE.—One of the fundamental objectives of 

24 NASA aeronautics research is the steady progression and 

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1 cluding the science and technology of critical underlying 

2 disciplines and competencies, the most important of which 

3 are computational-based analytical and predictive tools 

4 and methodologies, aero thermodynamics, high-speed flight 

5 propulsion, high-temperature structures and materials, and 

6 flight controls. 

7 SEC. 405. HYPERSONIC TECHNOLOGY PROJECT. 

8 (a) FINDINGS.—Congress finds that— 

9 (1) the development of new hypersonic flight 

10 technologies is important to the United States; 

11 (2) though hypersonic flight technologies are like12 ly to be applied to enhance defense systems in the 

13 near-term, in the long-term, application of such tech14 nologies may expand to include improved access-to15 space capabilities that benefit NASA; and 

16 (3) NASA maintains specialized facilities and 

17 experts who will focus on research areas that explore 

18 challenges in hypersonic flight. 

19 (b) POLICY.—In carrying out the Hypersonic Tech20 nology Project, NASA should focus research and develop21 ment efforts on high-speed propulsion systems, reusable ve22 hicle technologies, high-temperature materials, and systems 

23 analysis. 

24 (c) AUTHORIZED FUNDING.—Subject to the avail25 ability of appropriations, the Administrator shall make 


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

2 Hypersonic Technology Project from the Aeronautics ac3 count. 

4 SEC. 406. REPORT. 

5 The Administrator shall submit to the Committee a re6 port on the development of the Low-Boom Flight Dem7 onstration aircraft, including the following: 

8 (1) NASA’s planned coordination with other ex9 ecutive agencies to ensure developmental and oper10 ational testing infrastructure availability during 

11 flight demonstration. 

12 (2) NASA’s acquisition strategy to ensure avail13 ability of chase aircraft for flight demonstration. 

14 TITLE V—COMMERCIAL 

15 SEC. 501. COMMERCIAL SUPPLY OF SPACE PRODUCTS. 

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

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

18 end the following: 

19 ‘‘§ 50117. Commercial supply of space products 

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

21 space exploration missions, the Administrator shall, to the 

22 greatest extent practicable, prioritize the acquisition and 

23 use of space products provided by a United States commer24 cial provide. 


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

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

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

4 oxygen, or gas, that— 

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

6 and 

7 ‘‘(2) originates in outer space. 

8 ‘‘(c) COMMODITIES USED IN SPACE.— 

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

10 space exploration mission, the Administrator shall 

11 create a list of commodities to be used during such 

12 mission. The list shall include specification of each 

13 commodity, anticipated quantity, and the location 

14 and timeframe of need. 

15 ‘‘(2) COMMODITY COST BASIS.—For each com16 modity listed pursuant paragraph (1), NASA shall 

17 establish a commodity cost basis that shall represent 

18 the lesser of— 

19 ‘‘(A) the estimated cost to procure the com20 modity on Earth and deliver the commodity to 

21 the location of use; and 

22 ‘‘(B) the estimated cost for the Government 

23 to procure the equivalent commodity that is a 

24 space product. 


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

2 annually publish the information compiled under 

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

4 year. 

5 ‘‘(d) EXCEPTIONS.—The Administrator shall not be re6 quired to prioritize the acquisition of space products for the 

7 purposes described in subsection (a) if, on a case-by-case 

8 basis— 

9 ‘‘(1) the Administrator determines that— 

10 ‘‘(A) cost-effective space products that meet 

11 specific mission requirements would not be rea12 sonably available from United States commercial 

13 providers when required; 

14 ‘‘(B) the use of space products from United 

15 States commercial providers poses an unaccept16 able mission risk; or 

17 ‘‘(C) the use of space products is incon18 sistent with international agreements for inter19 national collaborative efforts relating to science 

20 and technology; or 

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

22 that the use of space commodities from United States 

23 commercial providers is inconsistent with national se24 curity objectives. 


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1 ‘‘(e) AGREEMENTS WITH FOREIGN ENTITIES.—Noth2 ing in this section shall prevent the Administrator from 

3 planning or negotiating agreements with foreign govern4 mental entities for the provision of space products.’’. 

5 (b) CONFORMING AMENDMENT.—Subchapter II of 

6 chapter 501 of title 51, United States Code, is amended by 

7 adding at the end the following: 

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

8 SEC. 502. SPACE SERVICES AND IN-SPACE INFRASTRUC9 TURE. 

10 (a) SENSE OF CONGRESS.—It is the sense of Congress 

11 that there exist many commercial opportunities with a wide 

12 array of providers and partners that will allow for more 

13 effective use of taxpayer investments in the pursuit of the 

14 long-term goals of NASA, as described in section 202(a) of 

15 the National Aeronautics and Space Administration Au16 thorization Act of 2010 (42 U.S.C. 18312(a)), including ex17 panding permanent human presence beyond low-Earth 

18 orbit. 

19 (b) REPORT.—Not later than 120 days after the date 

20 of enactment of this Act, the Administrator shall submit 

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

22 House of Representatives and the Committee on Commerce, 

23 Science, and Transportation of the Senate a report describ24 ing the various commercial opportunities and options for 


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1 the procurement of in-space services or use of in-space in2 frastructure for exploration and other NASA missions. 

3 SEC. 503. PREFERENCE FOR LAUNCH VEHICLES MANUFAC4 TURED IN THE UNITED STATES. 

5 It is the sense of Congress that the Administrator 

6 should, to the greatest extent possible, with respect to enter7 ing into contracts for commercial space data and services, 

8 provide weighed preference, selection points, and other in9 centives for the use of launch vehicles that are manufactured 

10 in the United States. 

11 SEC. 504. STUDIES ON INDUSTRIAL BASE. 

12 No funds may be obligated or expended by the Admin13 istrator for purposes of carrying out a Bureau of Industry 

14 and Security survey of the United States aerospace indus15 trial base until the date that is 30 days after the date on 

16 which the Administrator submits to the Committee on 

17 Science, Space, and Technology of the House of Representa18 tives and the Committee on Commerce, Science, and Trans19 portation of the Senate a written notification that in20 cludes— 

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

22 (2) a description of the information to be re23 quired of survey respondents; and 


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

2 Federal Government against respondents for non3 compliance with survey requirements. 

4 SEC. 505. ENHANCED-USE LEASING. 

5 (a) SENSE OF CONGRESS.—It is the sense of Congress 

6 that— 

7 (1) NASA possesses a variety of unique and 

8 world-class facilities; 

9 (2) NASA is developing and using many dif10 ferent methods to offset the cost of maintaining and 

11 operating such facilities; 

12 (3) nongovernmental entities, States, and local 

13 governments may be able to use such facilities in a 

14 manner that is cost-effective; and 

15 (4) agreements between NASA and nongovern16 mental entities, States, and local governments regard17 ing the use of such facilities may offset a portion of 

18 the spending of NASA. 

19 (b) EXTENSION OF AUTHORITY TO LEASE NON-EX20 CESS PROPERTY.—Section 20145(g) of title 51, United 

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

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

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

24 which funds are made available under section 20145 of title 

25 51, United States Code, (as amended by subsection (b)), no 


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1 funds may be expended by the Administrator under such 

2 section after January 31 unless the Administrator submits, 

3 before such date, to the Committee on Science, Space, and 

4 Technology of the House of Representatives and the Com5 mittee on Commerce, Science, and Transportation of the 

6 Senate the annual report required under such section for 

7 the prior year. 

8 SEC. 506. SATELLITE SERVICING. 

9 The Administrator shall continue to restructure NASA 

10 investments in the development of satellite servicing tech11 nologies to reduce the overall cost to NASA and align with 

12 NASA needs for exploration. 

13 TITLE VI—POLICY 

14 SEC. 601. NASA-FUNDED INSTITUTES. 

15 (a) FINDINGS.—Congress finds that on June 9, 2016, 

16 the Office of Inspector General of NASA reported that— 

17 (1) NASA does not aggregate information on the 

18 universe, status, or funding levels for the many insti19 tutes it supports; 

20 (2) the absence of this information makes it dif21 ficult for NASA leaders to strategically evaluate the 

22 scope or purpose of its institute investments and for 

23 Congress and other stakeholders to understand how 

24 NASA is spending more than three-quarters of a bil25 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 NASA10 funded institutes are utilized to accomplish the mis11 sion and goals of NASA, increase its return on invest12 ment, and evaluate the performance of such institutes; 

13 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, and 

18 without such a mechanism, NASA risks making unin19 formed 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 institute; 

4 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 the 

8 House of Representatives and the Committee on Commerce, 

9 Science, and Transportation of the Senate a report that rec10 ommends guidance and metrics for the management, utili11 zation, expectations for return on investment, and financial 

12 condition of NASA-funded institutes. 

13 SEC. 602. BASELINE AND COST CONTROLS. 

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

15 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 de22 gree to which such changes have contributed 

23 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 pro3 gram 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 following: 

7 ‘‘§ 30105. Concurrent reports 

8 ‘‘For any report that the Administration submits to 

9 the Committee on Appropriations of the House of Rep10 resentatives or the Committee on Appropriations of the Sen11 ate, the Administrator shall concurrently submit such re12 port to the Committee on Science, Space, and Technology 

13 of the House of Representatives and the Committee on Com14 merce, Science, and Transportation of the Senate.’’. 

15 (b) CONFORMING AMENDMENT.—The table of sections 

16 for chapter 301 of title 51, United States Code, is amended 

17 by adding at the end the following: 

‘‘30105. Concurrent reports.’’. 

18 SEC. 604. INTERNATIONAL TECHNICAL AND OPERATIONAL 

19 STANDARDS. 

20 (a) FINDINGS.—Congress finds that— 

21 (1) section 71301 of title 51, United States Code, 

22 directs the Administrator to ‘‘enter into discussions 

23 with the appropriate representatives of spacefaring 

24 nations who have or plan to have crew transportation 

25 systems capable of orbital flight or flight beyond low 


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1 Earth orbit for the purpose of agreeing on a common 

2 docking system standard’’; 

3 (2) the development of an international docking 

4 standard has been beneficial in promoting Govern5 ment and private sector space exploration, interoper6 ability, and United States international leadership; 

7 (3) NASA continues the development described in 

8 paragraph (2) by coordinating the development of 

9 joint international deep space interoperability stand10 ards; and 

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

12 section 202(a) of the National Aeronautics and Space 

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

14 18312(a)), include expanding permanent human pres15 ence beyond low-Earth orbit. 

16 (b) SENSE OF CONGRESS.—It is the sense of Congress 

17 that— 

18 (1) the plans of NASA for crewed exploration be19 yond low-Earth orbit should involve a wide array of 

20 partners to address the technological challenges of 

21 deep space exploration; 

22 (2) the development of common terminology and 

23 concepts for spacecraft design and safety will help 

24 promote NASA leadership in space and spacecraft de25 sign; 


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1 (3) the adoption of common design and safety 

2 terminology and concepts across NASA would enable 

3 NASA to pursue the long-term goals of NASA, de4 scribed in section 202(a) of the National Aeronautics 

5 and Space Administration Authorization Act of 2010 

6 (42 U.S.C. 18312(a)), in a manner that is effective 

7 and efficient; and 

8 (4) NASA should continue to develop and pro9 mote common terminology and concepts for spacecraft 

10 design and safety. 

11 SEC. 605. NASA CONTRACTOR RESPONSIBILITY WATCH 

12 LIST. 

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

14 and maintain a watch list of contractors with a history 

15 of poor performance on space procurement contracts or re16 search, development, test, and evaluation space program 

17 contracts. 

18 (b) BASIS FOR INCLUSION ON LIST.— 

19 (1) DETERMINATION.—The Administrator may 

20 place a contractor, including parties contracting 

21 under other transaction authorities, on the watch list 

22 established under subsection (a) upon determining 

23 that the ability of the contractor to perform a con24 tract specified in such subsection is uncertain because 

25 of any of the following: 


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1 (A) Poor performance or award fee scores 

2 below 50 percent. 

3 (B) Financial concerns. 

4 (C) Felony convictions or civil judgements. 

5 (D) Security or foreign ownership and con6 trol issues. 

7 (2) DISCRETION OF THE ADMINISTRATOR.—The 

8 Administrator shall be responsible for determining 

9 which contractors to place on the watch list, whether 

10 an entire company or a specific division should be in11 cluded, and when to remove a contractor from the list. 

12 (c) EFFECT OF LISTING.— 

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

14 an offer from, award a contract to, execute an engi15 neering change proposal with, or exercise an option 

16 on any program of NASA with a contractor included 

17 on the list established under subsection (a) without 

18 the prior direct approval of the Administrator. 

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

20 contract entered into with NASA may not enter into 

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

22 percent of the prime contract value, whichever is less23 er, with a contractor included on the watch list estab24 lished under subsection (a) without the prior approval 

25 of the Administrator. 


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1 (d) REQUEST FOR REMOVAL FROM LIST.—A con2 tractor may submit to the Administrator a written request 

3 for removal from the watch list, including evidence that the 

4 contractor has resolved the issue that was the basis for in5 clusion on the list. 

6 (e) RULE OF CONSTRUCTION.—Nothing in this section 

7 shall be construed as preventing the suspension or debar8 ment of a contractor, but inclusion on the watch list shall 

9 not be construed as a punitive measure or de facto suspen10 sion or debarment of a contractor. 

11 SEC. 606. HUMAN SPACE EXPLORATION RISK. 

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

13 (1) American leadership in the peaceful explo14 ration and use of outer space has been a long-stand15 ing priority for the United States. 

16 (2) The reestablishment of the National Space 

17 Council in 2017 by the President demonstrates the 

18 strategic importance of outer space to the Nation. 

19 (3) The December 2017 National Security Strat20 egy of the United States establishes the broad strategic 

21 importance of outer space exploration and use for the 

22 United States. 

23 (b) SENSE OF CONGRESS.—It is the sense of Congress 

24 that— 


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1 (1) exploration and use of outer space is a mat2 ter of broad, national strategic importance; and 

3 (2) space exploration decision-making and re4 quirement-setting in such a strategic context is com5 plex, especially with respect to setting appropriate 

6 priorities and levels of risk tolerance. 

7 (c) REPORT ON INHERENT JUSTIFIABLE RISK.— 

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

9 the date of enactment of this Act, the National Space 

10 Council, or its designee, shall submit to Congress and 

11 make available to the public a report relating the 

12 broad strategic national importance of space to the 

13 inherent, justifiable risk of the exploration and use of 

14 space. 

15 (2) POLICY AND STRATEGY.—The Administrator 

16 shall engage with appropriate members of the private 

17 sector, academia, and nonprofit organizations on a 

18 policy and strategy of enterprise-level engineering and 

19 operational risk management to present in the report 

20 that addresses inherent, justifiable risks of loss of life 

21 that may occur in space exploration and use. 

22 (3) CONTENTS.—The report required under 

23 paragraph (1) shall— 

24 (A) clarify the broad strategic case and 

25 value of space; 


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1 (B) address inherent, justifiable risks of loss 

2 of life that may occur in space exploration and 

3 use; and 

4 (C) discuss enterprise- and architecture-level 

5 approaches for exploration risk management. 

6 SEC. 607. NASA LAUNCH SUPPORT AND INFRASTRUCTURE 

7 MODERNIZATION PROGRAM. 

8 (a) LAUNCH SUPPORT AND INFRASTRUCTURE MOD9 ERNIZATION.—The Administrator shall continue the pro10 gram established under section 305 of the National Aero11 nautics and Space Administration Authorization Act of 

12 2010 (42 U.S.C. 18325) for launch support and infrastruc13 ture modernization for launch sites and ranges at NASA 

14 facilities that support the International Space Station mis15 sion. 

16 (b) LEVERAGE OF INFRASTRUCTURE INVESTMENTS.— 

17 Such program should, to the greatest extent practicable, le18 verage current and planned State government infrastruc19 ture investments at NASA facilities to support these and 

20 other missions and use funding available under this pro21 gram to collaborate on relevant infrastructure projects. 

22 SEC. 608. REAFFIRMATIONS ON ORBITAL DEBRIS. 

23 (a) REAFFIRMATION OF FINDINGS.—Congress reaf24 firms the findings under section 839(a) of the National AerVerDate Sep 11 2014 22:18 Dec 21, 2018 Jkt 089200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6203 E:\BILLS\H5503.RH H5503

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1 onautics and Space Administration Transition Authoriza2 tion Act of 2017 (Public Law 115–10) that— 

3 (1) orbital debris poses serious risks to the oper4 ational space capabilities of the United States; 

5 (2) an international commitment and integrated 

6 strategic plan are needed to mitigate the growth of or7 bital debris wherever possible; and 

8 (3) the delay in the Office of Science and Tech9 nology Policy’s submission of a report on the status 

10 of international coordination and development of or11 bital debris mitigation strategies is inconsistent with 

12 such risks. 

13 (b) REAFFIRMATION OF SENSE OF CONGRESS.—Con14 gress reaffirms the sense of Congress under section 840(a) 

15 of the National Aeronautics and Space Administration 

16 Transition Authorization Act of 2017 (Public Law 115–10) 

17 that— 

18 (1) orbital debris in low-Earth orbit poses sig19 nificant risks to spacecraft; 

20 (2) such orbital debris may increase due to colli21 sions between existing debris objects; and 

22 (3) understanding options to address and remove 

23 orbital debris is important for ensuring safe and ef24 fective spacecraft operations in low-Earth orbit. 


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1 SEC. 609. FEDERAL-STATE PARTNERSHIPS. 

2 (a) SENSE OF CONGRESS.—It is the sense of Congress 

3 that, as State and local governments have invested hundreds 

4 of millions of dollars in new infrastructure and operations 

5 at Administration space facilities to meet the needs of civil, 

6 national security, and commercial space activities, the Ad7 ministration should seek to leverage such investments and 

8 the resources and capabilities of State and local govern9 ments. 

10 (b) REPORT.—Not later than 120 days after the date 

11 of enactment of this Act, the Administrator shall submit 

12 to Congress a report describing— 

13 (1) existing partnerships with State and local 

14 governments at Administration facilities; 

15 (2) past and current investments and partner16 ships in facility infrastructure and operations with 

17 State and local government that benefitted Federal, 

18 State, and commercial users; 

19 (3) the contracting mechanisms used and the av20 erage response time from a facility infrastructure 

21 partnership proposal to approval by the Administra22 tion; 

23 (4) current or prospective opportunities for Fed24 eral-State matching grant funding to support shared 

25 infrastructure; 


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1 (5) the benefits and challenges associated with 

2 Federal-State infrastructure partnerships; and 

3 (6) how, if at all, the Administration should ex4 pand Federal-State partnerships to better meet the 

5 needs of civil, national security, and commercial 

6 space activities. 

7 SEC. 610. SECURITY MANAGEMENT OF FOREIGN NATIONAL 

8 ACCESS. 

9 The Administrator shall notify the Committee on 

10 Science, Space, and Technology of the House of Representa11 tives and the Committee on Commerce, Science, and Trans12 portation of the Senate when the agency has implemented 

13 the information technology security recommendations from 

14 the National Academy of Public Administration on foreign 

15 national access management. 


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Union Calendar No. 853 

115TH CONGRESS 

2D SESSION H. R. 5503 

[Report No. 115–1102] 

A BILL 

To authorize the programs of the National Aero2018 and 2019, and for other purposes. nautics and Space Administration for fiscal years 

DECEMBER 21, 2018 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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