National Aeronautics and Space Administration Authorization Act of 2013

To authorize the programs of the National Aeronautics and Space Administration, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the National Aeronautics and Space Administration Authorization Act of 2013 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Title I—Authorization of Appropriations Sec. 101. Fiscal year 2014. Sec. 102. Fiscal year 2015. Sec. 103. Budget control. Title II—Human Space Flight Subtitle A—Exploration Sec. 201. Space exploration policy. Sec. 202. Stepping stone approach to exploration. Sec. 203. Space Launch System. Sec. 204. Orion crew capsule. Sec. 205. Advanced booster competition. Subtitle B—Space Operations Sec. 211. Findings. Sec. 212. International Space Station. Sec. 213. Commercial crew report. Sec. 214. Flight readiness demonstration. Sec. 215. Certification Products Contract phase two. Sec. 216. Space communications. Title III—Science Subtitle A—General Sec. 301. Science portfolio. Sec. 302. Assessment of science mission extensions. Sec. 303. Radioisotope thermoelectric generators. Sec. 304. Congressional declaration of policy and purpose. Subtitle B—Astrophysics Sec. 311. Decadal cadence. Sec. 312. Extrasolar planet exploration strategy. Sec. 313. James Webb Space Telescope. Sec. 314. Wide-Field Infrared Survey Telescope. Sec. 315. National Reconnaissance Office telescope donation. Subtitle C—Planetary Science Sec. 321. Decadal cadence. Sec. 322. Near-Earth objects. Sec. 323. Astrobiology strategy. Sec. 324. Public-private partnerships. Subtitle D—Heliophysics Sec. 331. Decadal cadence. Sec. 332. Review of space weather. Sec. 333. Deep Space Climate Observatory. Subtitle E—Earth Science Sec. 341. Goal. Sec. 342. Decadal cadence. Sec. 343. Research to operations. Sec. 344. Interagency coordination. Sec. 345. Joint Polar Satellite System climate sensors. Sec. 346. Land imaging. Sec. 347. Sources of Earth science data. Title IV—Aeronautics Sec. 401. Sense of Congress. Sec. 402. Unmanned aerial systems research and development. Sec. 403. Research program on composite materials used in aeronautics. Sec. 404. Hypersonic research. Sec. 405. Supersonic research. Sec. 406. Research on NextGen airspace management concepts and tools. Sec. 407. Rotorcraft research. Title V—Space Technology Sec. 501. Space technology. Title VI—Education Sec. 601. Education. Title VII—Policy Provisions Sec. 701. Asteroid Retrieval Mission. Sec. 702. Termination liability. Sec. 703. Indemnification extension. Sec. 704. Baseline and cost controls. Sec. 705. Project and program reserves. Sec. 706. Independent reviews. Sec. 707. Space Act Agreements. Sec. 708. Human spaceflight accident investigations. Sec. 709. Commercial technology transfer program. Sec. 710. Orbital debris. Sec. 711. NASA leadership. Sec. 712. NASA Advisory Council. Sec. 713. Cost estimation. 2. Definitions In this Act: (1) Administration The term Administration (2) Administrator The term Administrator (3) Orion crew capsule The term Orion crew capsule 42 U.S.C. 18323 (4) Space Act Agreement The term Space Act Agreement other transactions (5) Space Launch System The term Space Launch System 42 U.S.C. 18322 I Authorization of Appropriations 101. Fiscal year 2014 There are authorized to be appropriated to the Administration for fiscal year 2014 $16,865,200,000 as follows: (1) For Space Exploration, $4,007,400,000, of which— (A) $1,802,400,000 shall be for the Space Launch System; (B) $1,200,000,000 shall be for the Orion crew capsule; (C) $305,000,000 shall be for Exploration Research and Development; and (D) $700,000,000 shall be for Commercial Crew Development activities. (2) For Space Operations, $3,817,900,000, of which— (A) $2,984,100,000 shall be for the International Space Station Program; and (B) $833,800,000 shall be for Space and Flight Support. (3) For Science, $4,626,900,000, of which— (A) $1,200,000,000 shall be for Earth Science; (B) $1,500,000,000 shall be for Planetary Science, of which $30,000,000 shall be for the Astrobiology Institute; (C) $642,300,000 shall be for Astrophysics; (D) $658,200,000 shall be for the James Webb Space Telescope; and (E) $626,400,000 shall be for Heliophysics. (4) For Aeronautics, $565,700,000. (5) For Space Technology, $500,000,000. (6) For Education, $125,000,000. (7) For Cross-Agency Support, $2,600,000,000, of which— (A) $2,000,000,000 shall be for Center Management and Operations; and (B) $600,000,000 shall be for Agency Management and Operations. (8) For Construction and Environmental Compliance and Restoration, $587,000,000, of which— (A) $542,000,000 shall be for Construction and Facilities; and (B) $45,000,000 shall be for Environmental Compliance and Restoration. (9) For Inspector General, $35,300,000. 102. Fiscal year 2015 There are authorized to be appropriated to the Administration for fiscal year 2015 $16,865,200,000 as follows: (1) For Space Exploration, $4,007,400,000, of which— (A) $1,802,400,000 shall be for the Space Launch System; (B) $1,200,000,000 shall be for the Orion crew capsule; (C) $305,000,000 shall be for Exploration Research and Development; and (D) $700,000,000 shall be for Commercial Crew Development activities. (2) For Space Operations, $3,817,900,000, of which— (A) $2,984,100,000 shall be for the International Space Station Program; and (B) $833,800,000 shall be for Space and Flight Support. (3) For Science, $4,626,900,000, of which— (A) $1,200,000,000 shall be for Earth Science; (B) $1,500,000,000 shall be for Planetary Science, of which $30,000,000 shall be for the Astrobiology Institute; (C) $642,300,000 shall be for Astrophysics; (D) $658,200,000 shall be for the James Webb Space Telescope; and (E) $626,400,000 shall be for Heliophysics. (4) For Aeronautics, $565,700,000. (5) For Space Technology, $500,000,000. (6) For Education, $125,000,000. (7) For Cross-Agency Support, $2,600,000,000, of which— (A) $2,000,000,000 shall be for Center Management and Operations; and (B) $600,000,000 shall be for Agency Management and Operations. (8) For Construction and Environmental Compliance and Restoration, $587,000,000, of which— (A) $542,000,000 shall be for Construction and Facilities; and (B) $45,000,000 shall be for Environmental Compliance and Restoration. (9) For Inspector General, $35,300,000. 103. Budget control The amounts authorized to be appropriated to the Administration for fiscal years 2014 and 2015 are consistent with the Budget Control Act of 2011 ( Public Law 112–25 (1) One-third of such increase shall be for the International Space Station Program. (2) One-third of such increase shall be for the Space Launch System. (3) One-third of such increase shall be divided evenly between— (A) Commercial Crew Development activities; and (B) the Orion crew capsule. II Human Space Flight A Exploration 201. Space exploration policy (a) Findings Congress finds the following: (1) Congress supports a human exploration program that is not critically dependent on the achievement of milestones by fixed dates and an exploration technology development program to enable lunar human and robotic operations, as described in paragraphs (1) and (2) of section 70502 (2) Congress supports the expansion of permanent human presence beyond low-Earth orbit, in a manner involving international partners where practical. (3) Congress remains committed to ensuring that authorized budgets for the human space flight program should allow the Administration to maintain high safety standards. (4) Exploration deeper into the solar system should be the core mission of the Administration. (5) Congress strongly supports the development of the Space Launch System and the Orion crew capsule as the enabling elements for human exploration, advanced scientific missions, and national security priorities beyond low-Earth orbit. (b) Policy It is the policy of the United States that the development of capabilities and technologies necessary for human missions to lunar orbit, the surface of the Moon, the surface of Mars, and beyond shall be the goal of the Administration’s human space flight program. (c) Vision for space exploration Section 20302 (1) by striking subsection (a) and inserting the following: (a) In general The Administrator shall establish a program to develop a sustained human presence on the Moon and the surface of Mars, including a robust precursor program that follows the stepping stone plan required in section 70504 to promote exploration, science, commerce, and United States preeminence in space. The Administrator is further authorized to develop and conduct appropriate international collaborations in pursuit of such program, but the absence of an international partner may not be justification for failure to pursue such program in a timely manner. ; (2) in subsection (b)— (A) by striking paragraph (1) and inserting the following: (1) Returning Americans to the Moon. ; (B) by striking paragraph (2) and inserting the following: (2) Launching the first crewed mission of the fully integrated Orion crew capsule with the Space Launch System as close to 2020 as possible. ; and (C) in paragraph (4), by striking from Mars and from the Moon, Mars, and (3) by adding at the end the following: (c) Definitions In this section: (1) Orion crew capsule The term Orion crew capsule 42 U.S.C. 18323 (2) Space Launch System The term Space Launch System . (d) Key objectives Section 202(b) of the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18312(b) (1) in paragraph (3), by striking and (2) in paragraph (4), by striking the period at the end and inserting ; and (3) by adding at the end the following: (5) to accelerate the development of capabilities to enable a human exploration mission to the surface of Mars and beyond through the prioritization of those technologies and capabilities best suited for such a mission in accordance with the Mars Human Exploration Roadmap under section 70504 . (e) Use of non-United States human space flight transportation capabilities Section 201(a) of the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18311(a) (a) Use of non-United States human space flight transportation capabilities (1) In general NASA may not obtain non-United States human space flight capabilities unless no domestic commercial provider is available to provide such capabilities. (2) Definition For purposes of this subsection, the term domestic commercial provider . (f) Repeal of Space Shuttle capability assurance Section 203 of the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18313 (1) by striking subsection (b); (2) in subsection (d), by striking subsection (c) subsection (b) (3) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively. 202. Stepping stone approach to exploration (a) In general Section 70504 of title 51, United States Code, is amended to read as follows: 70504. Stepping stone approach to exploration (a) In general In order to maximize the cost effectiveness of the long-term space exploration and utilization activities of the United States, the Administrator shall direct the Human Exploration and Operations Mission Directorate to develop a Mars Human Exploration Roadmap to define the specific capabilities and technologies necessary to extend human presence to the surface of Mars and the mission sets required to demonstrate such capabilities and technologies. (b) Roadmap requirements In developing the Mars Human Exploration Roadmap, the Administrator shall— (1) include the specific set of capabilities and technologies required to extend human presence to the surface of Mars and the mission sets necessary to demonstrate the proficiency of these capabilities and technologies with an emphasis on using the International Space Station, lunar landings, cis-lunar space, trans-lunar space, Lagrangian points, and the natural satellites of Mars, Phobos and Deimos, as testbeds, as necessary, and shall include the most appropriate process for developing such capabilities and technologies; (2) provide a specific process for the evolution of the capabilities of the fully integrated Orion crew capsule with the Space Launch System and how these systems demonstrate the capabilities and technologies described in paragraph (1); (3) provide a description of the capabilities and technologies that could be demonstrated or research data that could be gained through the utilization of the International Space Station and the status of the development of such capabilities and technologies; (4) describe a framework for international cooperation in the development of all technologies and capabilities required in this section, as well as an assessment of the risks posed by relying on international partners for capabilities and technologies on the critical path of development; (5) describe a process for utilizing nongovernmental entities for future human exploration beyond trans-lunar space and specify what, if any, synergy could be gained from— (A) partnerships using Space Act Agreements (as defined in section 2 of the National Aeronautics and Space Administration Authorization Act of 2013 (B) other acquisition instruments; and (6) include in the Roadmap an addendum from the NASA Advisory Council, and an addendum from the Aerospace Safety Advisory Panel, each with a statement of review of the Roadmap that shall include— (A) subjects of agreement; (B) areas of concern; and (C) recommendations. (c) Updates The Administrator shall update such Roadmap at least every 4 years and include it in the budget for that fiscal year transmitted to Congress under section 1105(a) of title 31, and describe— (1) the achievements and goals reached in the process of developing such capabilities and technologies during the 4-year period prior to the submission of the Roadmap to Congress; and (2) the expected goals and achievements in the following 4-year period. (d) Definitions The terms Orion crew capsule Space Launch System . (b) Report (1) In general Not later than 1 year after the date of enactment of this Act, the Administrator shall transmit a copy of the Mars Human Exploration Roadmap developed under section 70504 (2) Updates The Administrator shall transmit a copy of each updated Mars Human Exploration Roadmap to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not later than 7 days after such Roadmap is updated under section 70504(b)(6) of such title. 203. Space Launch System (a) Findings Congress finds that— (1) the Space Launch System is the most practical approach to reaching the Moon, Mars, and beyond, and Congress reaffirms the policy and minimum capability requirements for the Space Launch System contained in section 302 of the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18322 (2) the primary goal for the design of the fully integrated Space Launch System is to safely carry a total payload of 130 tons or more to low-Earth orbit to enable human space exploration of the Moon, Mars, and beyond over the course of the next century as required in section 302(c) of the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18322(c) (3) the uncrewed flight test of the 70-ton core element of the Space Launch System fully integrated with the Orion crew capsule as described in section 302(c)(1) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18322(c)(1)) is a necessary flight demonstration in an overall program plan, subject to appropriations; and (4) the schedule of the 70-ton core element crewed flight demonstration in 2021 with the Space Launch System fully integrated with the Orion crew capsule as described in section 302(c)(1) of the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18322(c)(1) (b) In general As required in section 302(c)(2) of the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18322(c)(2) (c) Progress report (1) In general Using the President’s budget request for fiscal year 2014 and notional numbers requested therein as a baseline, not later than 90 days after the date of enactment of this Act the Administrator shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate an estimate of— (A) when the 70-ton core element of the Space Launch System fully integrated with the Orion crew capsule may be demonstrated as an operational capability; (B) when the 130-ton Space Launch System fully integrated with the Orion crew capsule may be demonstrated as an operational capability; (C) the projected annual operational costs through 2030 for the 130-ton Space Launch System fully integrated with the Orion crew capsule after its operational capability has been demonstrated; and (D) the projected flight rate for the 130-ton Space Launch System fully integrated with the Orion crew capsule through 2030. (2) Contingency funding estimates If the Administrator determines that the uncrewed test flight of the 70-ton core element of the Space Launch System fully integrated with the Orion crew capsule will not occur on or before December 31, 2017, or that the crewed test flight of the 70-ton core element of the Space Launch System fully integrated with the Orion crew capsule will not occur on or before December 31, 2021, the report transmitted under paragraph (1) shall include an estimate of additional funds required through annual appropriations for fiscal years 2015 through 2021 which may be necessary to meet such goals in those years. (d) Utilization Report The Administrator, in consultation with the Secretary of Defense and the Director of National Intelligence, shall prepare a report that addresses the effort and budget required to enable and utilize a cargo variant of the 130-ton Space Launch System configuration described in section 302(c) of the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18322(c) 204. Orion crew capsule (a) In general The Orion crew capsule shall meet the practical needs and the minimum capability requirements described in section 303 of the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18323 (b) Report Not later than 60 days after the date of enactment of this Act, the Administrator shall transmit a report to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate— (1) detailing those components and systems of the Orion crew capsule that ensure it is in compliance with section 303(b) of such Act ( 42 U.S.C. 18323(b) (2) detailing the expected date that the Orion crew capsule will be available to transport crew and cargo to the International Space Station; and (3) certifying that the requirements of section 303(b)(3) of such Act ( 42 U.S.C. 18323(b)(3) 205. Advanced booster competition (a) Report Not later than 90 days after the date of enactment of this Act, the Associate Administrator of the National Aeronautics and Space Administration shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that— (1) describes the estimated total development cost of an advanced booster for the Space Launch System; and (2) details any reductions or increases to the development cost of the Space Launch System which may result from conducting a competition for an advanced booster. (b) Competition If the Associate Administrator reports reductions pursuant to paragraph (2) of subsection (a), then the Administration shall conduct a full and open competition for an advanced booster for the Space Launch System to meet the requirements described in section 302(c) of the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18322(c) B Space Operations 211. Findings Congress finds the following: (1) The International Space Station is the ideal short-term testbed for future exploration systems development, including long-duration space travel. (2) The use of the private market to provide cargo and crew transportation services is currently the most expeditious process to restore domestic access to the International Space Station and low-Earth orbit. (3) Government-assured access to low-Earth orbit is paramount to the continued success of the International Space Station and National Laboratory. (4) Acquiring and maintaining an operational domestic commercial crew transportation service by the year 2017 is of the utmost importance for the future viability of the International Space Station and National Laboratory. 212. International Space Station (a) In general The following is the policy of the United States: (1) The International Space Station shall be utilized to the maximum extent practicable for the development of capabilities and technologies needed for the future of human exploration beyond low-Earth orbit. (2) The Administrator shall, in consultation with the International Space Station partners— (A) take all necessary measures to support the operation and full utilization of the International Space Station; and (B) seek to minimize, to the extent practicable, the operating costs of the International Space Station. (3) Reliance on foreign carriers for crew transfer is unacceptable, and the Nation’s human space flight program must acquire the capability to launch United States astronauts on United States rockets from United States soil as soon as is safe and practically possible, whether on Government-owned and operated space transportation systems or privately owned systems that have been certified for flight by the appropriate Federal agencies. (b) Reaffirmation of policy Congress reaffirms— (1) its commitment to the development of a commercially developed launch and delivery system to the International Space Station for crew missions as expressed in the National Aeronautics and Space Administration Authorization Act of 2005 (Public Law 109–155), the National Aeronautics and Space Administration Authorization Act of 2008 ( Public Law 110–422 Public Law 111–267 (2) that the Administration shall make use of United States commercially provided International Space Station crew transfer and crew rescue services to the maximum extent practicable; and (3) the policy stated in section 501(b) of the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18351(b) (c) Assured access to low-Earth orbit Section 70501(a) (a) Policy statement It is the policy of the United States to maintain an uninterrupted capability for human space flight and operations in low-Earth orbit, and beyond, as an essential instrument of national security and the capability to ensure continued United States participation and leadership in the exploration and utilization of space. . (d) Repeals (1) Use of space shuttle or alternatives Chapter 701 (2) Shuttle pricing policy for commercial and foreign users Chapter 703 (3) Shuttle privatization Section 50133 (e) Extension criteria report Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the feasibility of extending the operation of the International Space Station that includes— (1) criteria for defining the International Space Station as a research success; (2) cost estimates for operating the International Space Station to achieve the criteria in paragraph (1); (3) cost estimates for extending operations to 2020, 2025, and 2030; and (4) an assessment of how the defined criteria under paragraph (1) respond to the National Academies Decadal Survey on Biological and Physical Sciences in Space. (f) Strategic plan for International Space Station research (1) In general The Director of the Office of Science and Technology Policy, in consultation with the Administrator, academia, other Federal agencies, the International Space Station National Laboratory Advisory Committee, and other potential stakeholders, shall develop and transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a strategic plan for conducting competitive, peer-reviewed research in physical and life sciences and related technologies on the International Space Station through at least 2020. (2) Plan requirements The strategic plan shall— (A) be consistent with the priorities and recommendations established by the National Academies in its Decadal Survey on Biological and Physical Sciences in Space; (B) provide a research timeline and identify resource requirements for its implementation, including the facilities and instrumentation necessary for the conduct of such research; and (C) identify— (i) criteria for the proposed research, including— (I) a justification for the research to be carried out in the space microgravity environment; (II) the use of model systems; (III) the testing of flight hardware to understand and ensure its functioning in the microgravity environment; (IV) the use of controls to help distinguish among the direct and indirect effects of microgravity, among other effects of the flight or space environment; (V) approaches for facilitating data collection, analysis, and interpretation; (VI) procedures to ensure repetition of experiments, as needed; (VII) support for timely presentation of the peer-reviewed results of the research; and (VIII) defined metrics for the success of each study; (ii) instrumentation required to support the measurements and analysis of the research to be carried out under the strategic plan; (iii) the capabilities needed to support direct, real-time communications between astronauts working on research experiments onboard the International Space Station and the principal investigator on the ground; (iv) a process for involving the external user community in research planning, including planning for relevant flight hardware and instrumentation, and for utilization of the International Space Station, free flyers, or other research platforms; and (v) defined metrics for success of the research plan. (3) Report (A) In general Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the progress of the organization chosen for the management of the International Space Station National Laboratory as directed in section 504 of the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18354 (B) Specific requirements The report shall assess the management, organization, and performance of such organization and shall include a review of the status of each of the 7 required activities listed in section 504(c) of such Act ( 42 U.S.C. 18354(c) 213. Commercial crew report (a) In general The Administration shall consider the ramifications of and create contingencies as the sequestration adopted in the Budget Control Act of 2011 ( Public Law 112–25 (b) Report (1) In general Not later than 60 days after the date of enactment of this Act, the Administrator shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing 5 distinct options for the final stages of the commercial crew program. (2) Requirements These options shall include— (A) a strategy that assumes an appropriation of $500,000,000 over the next 3 fiscal years; (B) a strategy that assumes an appropriation of $600,000,000 over the next 3 fiscal years; (C) a strategy that assumes an appropriation of $700,000,000 over the next 3 fiscal years; (D) a strategy that assumes an appropriation of $800,000,000 over the next 3 fiscal years; and (E) a strategy that has yet to be considered previously in any budget submission but that the Administration believes could ensure the flight readiness date of 2017 for at least one provider or significantly decreases the overall program lifecycle cost. (3) Inclusions Each strategy shall include the contracting instruments the Administration will employ to acquire the services in each phase of development or acquisition, the number of commercial providers the Administration will include in the program, and the estimated flight readiness date in each scenario. 214. Flight readiness demonstration (a) In general The Administration shall carry out its flight readiness demonstration, in which one or more commercial crew partner companies safely transports United States astronauts to the International Space Station, by December 31, 2017. (b) Report Not later than 180 days after the date of enactment of this Act and every 90 days thereafter until the Administration carries out its flight readiness demonstration, the Administrator shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report— (1) describing the current status of the Commercial Crew program, including all funding paid to any partner company throughout the life of the program detailed by specific dollar amounts provided for each milestone completed for each partner company; (2) specifying the accomplishments and milestones completed in the 90 days prior to the date of transmission of the report under any phase of the program and all dollar amounts provided for each of those milestones; (3) identifying those accomplishments and milestones that were expected to be completed in the 90 days prior to the date of transmission of such report under any phase of the program but that were not completed in that timeframe; (4) setting forth the accomplishments and milestones that are expected to be completed in the 90-day period following the transmission of such report under any phase of the program; and (5) containing a statement of flight readiness under subsection (c). (c) Statement of Flight Readiness The statement of flight readiness required by subsection (b)(5) shall include— (1) either— (A) a certification by the Administrator that the Administration is on schedule to comply with subsection (a); or (B) an explanation as to why the Administration is not on schedule to comply with subsection (a) and why the Administration did not develop an acquisition strategy based on existing budget authority; and (2) a certification by the Administrator that all deviations from the Aerospace Safety Advisory Panel recommendations have been reported in accordance with section 215. (d) Authorization of funds Not later than 60 days after the issuance of the explanation described in subsection (c)(2), the Administrator shall provide, and begin implementation of, a new acquisition strategy that ensures that at least 1 company will be prepared to provide crew transport services by December 31, 2017. 215. Certification Products Contract phase two (a) In general Phase two and any subsequent phase of the Certification Products Contract, and any further acquisition or development actions taken by the Administration under the Commercial Crew Program, shall be executed— (1) under a cost-type contract specified by Federal Acquisition Regulations; and (2) except as provided in subsection (b), in accordance with the 2012 Annual Report of the Aerospace Safety Advisory Panel. (b) Deviations (1) Authority The Administrator may deviate from any findings and recommendations of the 2012 Annual Report of the Aerospace Safety Advisory Panel if the Administrator has determined doing so is in the best interest of the program. (2) Notice and justification If the Administrator deviates from any findings and recommendations of the 2012 Annual Report of the Aerospace Safety Advisory Panel under paragraph (1), the Administrator shall transmit in writing to the Chair of the Aerospace Safety Advisory Panel, the Committee on Science, Space, and Technology of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate notice of any planned deviations, along with a justification therefor, as part of the statement required under section 214(c)(1). (c) Report The Aerospace Safety Advisory Panel shall review and report to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on any deviation within 45 days of notification. 216. Space communications (a) Plan The Administrator shall develop a plan, in consultation with relevant Federal agencies, for updating the Administration’s space communications architecture for both low-Earth orbital operations and deep space exploration so that it is capable of meeting the Administration’s needs over the next 20 years. The plan shall include lifecycle cost estimates, milestones, estimated performance capabilities, and 5-year funding profiles. The plan shall also include an estimate of the amounts of any reimbursements the Administration is likely to receive from other Federal agencies during the expected life of the upgrades described in the plan. At a minimum, the plan shall include a description of the following: (1) Projected Deep Space Network requirements for the next 20 years, including those in support of human space exploration missions. (2) Upgrades needed to support Deep Space Network requirements, including cost estimates and schedules. (3) Cost estimates for the maintenance of existing Deep Space Network capabilities. (4) Projected Tracking and Data Relay Satellite System requirements for the next 20 years, including those in support of other relevant Federal agencies. (5) Cost and schedule estimates to maintain and upgrade the Tracking and Data Relay Satellite System to meet projected requirements. (6) Steps the Administration is taking to mitigate threats to electromagnetic spectrum use. (b) Schedule The Administrator shall transmit the plan developed under this section to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not later than 1 year after the date of enactment of this Act. III Science A General 301. Science portfolio (a) Balanced and adequately funded activities Section 803 of the National Aeronautics and Space Administration Authorization Act of 2010 (124 Stat. 2832) is amended to read as follows: 803. Overall science portfolio; Sense of Congress Congress reaffirms its sense, expressed in the National Aeronautics and Space Administration Authorization Act of 2010, that a balanced and adequately funded set of activities, consisting of research and analysis grants programs, technology development, small, medium, and large space missions, and suborbital research activities, contributes to a robust and productive science program and serves as a catalyst for innovation and discovery. . (b) Decadal surveys In proposing the funding of programs and activities for the National Aeronautics and Space Administration for each fiscal year, the Administrator shall, to the greatest extent practicable, follow guidance provided in the current decadal surveys from the National Academies’ Space Studies Board. 302. Assessment of science mission extensions Section 30504 30504. Assessment of science mission extensions (a) Assessment The Administrator shall carry out biennial reviews within each of the Science divisions to assess the cost and benefits of extending the date of the termination of data collection for those missions that exceed their planned mission lifetime. The assessment shall take into consideration how extending existing missions impacts the start of future missions. (b) Consultation and Consideration of Potential Benefits of Instruments on Missions When deciding whether to extend a mission that has an operational component, the Administrator shall consult with any affected Federal agency and shall take into account the potential benefits of instruments on missions that are beyond their planned mission lifetime. (c) Costs If a mission is extended based on consultation required under subsection (b), the full costs of the extension shall be paid for by the operational agency or agencies. (d) Report The Administrator shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, at the same time as the submission to Congress of the President’s annual budget request, a report detailing any assessment required by subsection (a) that was carried out during the previous year. . 303. Radioisotope thermoelectric generators (a) Analysis of Requirements and Risks The Administrator, in consultation with other Federal agencies, shall conduct an analysis of— (1) the requirements of the Administration for radioisotope power system material that is needed to carry out planned, high priority robotic missions in the solar system and other surface exploration activities beyond low-Earth orbit; and (2) the risks to missions of the Administration in meeting those requirements, or any additional requirements, due to a lack of adequate radioisotope power system material. (b) Contents of analysis The analysis conducted under subsection (a) shall— (1) detail the Administration’s current projected mission requirements and associated timeframes for radioisotope power system material; (2) explain the assumptions used to determine the Administration’s requirements for the material, including— (A) the planned use of Advanced Stirling Radioisotope Generator technology; (B) the status of and timeline for completing development and demonstration of the Advanced Stirling Radioisotope Generator technology, including the development of flight readiness requirements; and (C) the risks and implications of, and contingencies for, any delays or unanticipated technical challenges affecting or related to the Administration’s mission plans for the anticipated use of Advanced Stirling Radioisotope Generator technology; (3) assess the risk to the Administration’s programs of any potential delays in achieving the schedule and milestones for planned domestic production of radioisotope power system material; (4) outline a process for meeting any additional Administration requirements for the material; (5) estimate the incremental costs required to increase the amount of material produced each year, if such an increase is needed to support additional Administration requirements for the material; (6) detail how the Administration and other Federal agencies will manage, operate, and fund production facilities and the design and development of all radioisotope power systems used by the Administration and other Federal agencies as necessary; (7) specify the steps the Administration will take, in consultation with the Department of Energy, to preserve the infrastructure and workforce necessary for production of radioisotope power systems; and (8) detail how the Administration has implemented or rejected the recommendations from the National Research Council’s 2009 report titled Radioisotope Power Systems: An Imperative for Maintaining U.S. Leadership in Space Exploration (c) Transmittal Not later than 180 days after the date of enactment of this Act, the Administrator shall transmit the results of the analysis to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. 304. Congressional declaration of policy and purpose Section 20102(d) (10) The direction of the unique competence of the Administration to the search for life’s origin, evolution, distribution, and future in the Universe. In carrying out this objective, the Administration may use any practicable ground-based, airborne, or space-based technical means and spectra of electromagnetic radiation. . B Astrophysics 311. Decadal cadence In carrying out section 301(b), the Administrator shall ensure a steady cadence of large, medium, and small astrophysics missions. 312. Extrasolar planet exploration strategy (a) Strategy The Administrator shall enter into an arrangement with the National Academies to develop a science strategy for the study and exploration of extrasolar planets, including the use of TESS, the James Webb Space Telescope, WFIRST, or any other telescope, spacecraft, or instrument as appropriate. Such strategy shall— (1) outline key scientific questions; (2) identify the most promising research in the field; (3) indicate the extent to which the mission priorities in existing decadal surveys address key extrasolar planet research goals; and (4) make recommendations with respect to optimal coordination with international partners. (b) Use of strategy The Administrator shall use the strategy to— (1) inform roadmaps, strategic plans, and other activities of the Administration as they relate to extrasolar planet research and exploration; and (2) provide a foundation for future activities and initiatives. (c) Report to Congress Not later than 18 months after the date of enactment of this Act, the National Academies shall transmit a report to the Administrator, and to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, containing the strategy developed under subsection (a). 313. James Webb Space Telescope It is the sense of Congress that the James Webb Space Telescope program is significant to our understanding of the history of the universe, including galaxies, stars, and planetary systems, and should continue to receive priority of funding in accord with the recommendation of the most recent decadal survey for Astronomy and Astrophysics of the National Academies’ Space Studies Board. 314. Wide-Field Infrared Survey Telescope The Administrator shall ensure that the development of the Wide-Field Infrared Survey Telescope continues while the James Webb Space Telescope is completed. 315. National Reconnaissance Office telescope donation Not later than 90 days after the date of enactment of this Act, the Administrator shall transmit a report to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate outlining the cost of the Administration’s potential plan for developing the Wide-Field Infrared Survey Telescope as described in the most recent astronomy and astrophysics decadal survey, including an alternative plan for the Wide-Field Infrared Survey Telescope 2.4, which includes the donated 2.4-meter aperture National Reconnaissance Office telescope. Due to the budget constraints on the Administration’s science programs, this report shall include— (1) an assessment of affordable approaches to develop the Wide-Field Infrared Survey Telescope; (2) a comparison to the development of mission concepts that exclude the utilization of the donated asset; (3) an assessment of how the Administration’s existing science missions will be affected by the utilization of the donated asset described in this section; and (4) a description of the cost associated with storing and maintaining the donated asset. C Planetary Science 321. Decadal cadence In carrying out section 301(b), the Administrator shall ensure, to the greatest extent practicable, that the Administration carries out a balanced set of planetary science programs in accordance with the priorities established in the most recent decadal survey for planetary science. Such programs shall include, at a minimum— (1) a Discovery-class mission at least once every 24 months; (2) a New Frontiers-class mission at least once every 60 months; and (3) at least one Flagship-class mission per decadal survey period, starting with a Europa mission with a goal of launching by 2021. 322. Near-Earth objects (a) Findings Congress makes the following findings: (1) Near-Earth objects pose a serious and credible threat to humankind, as many scientists believe that a major asteroid or comet was responsible for the mass extinction of the majority of the Earth’s species, including the dinosaurs, nearly 65,000,000 years ago. (2) Similar objects have struck the Earth or passed through the Earth’s atmosphere several times in the Earth’s history and pose a similar threat in the future. (3) Several such near-Earth objects have only been discovered within days of the objects’ closest approach to Earth, and recent discoveries of such large objects indicate that many large near-Earth objects remain to be discovered. (4) The efforts taken to date by the Administration for detecting and characterizing the hazards of near-Earth objects must continue to fully determine the threat posed by such objects to cause widespread destruction and loss of life. (b) Definition For purposes of this section, the term near-Earth object (c) Near-Earth object survey The Administrator shall continue to discover, track, catalogue, and characterize the physical characteristics of near-Earth objects equal to or greater than 140 meters in diameter in order to assess the threat of such near-Earth objects to the Earth, pursuant to the George E. Brown, Jr. Near-Earth Object Survey Act ( 42 U.S.C. 16691 (d) Warning and mitigation of potential hazards of near-Earth objects Congress reaffirms the policy set forth in section 20102(g) (e) Program Report The Administrator shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, not later than 1 year after the date of enactment of this Act, an initial report that provides— (1) recommendations for carrying out the Survey program and an associated proposed budget; (2) analysis of possible options that the Administration could employ to divert an object on a likely collision course with Earth; and (3) a description of the status of efforts to coordinate and cooperate with other countries to discover hazardous asteroids and comets, plan a mitigation strategy, and implement that strategy in the event of the discovery of an object on a likely collision course with Earth. (f) Annual reports The Administrator shall annually transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that provides— (1) a summary of all activities carried out pursuant to subsection (c) since the date of enactment of this Act; and (2) a summary of expenditures for all activities carried out pursuant to subsection (c) since the date of enactment of this Act. 323. Astrobiology strategy (a) Strategy The Administrator shall enter into an arrangement with the National Academies to develop a science strategy for astrobiology that would outline key scientific questions, identify the most promising research in the field, and indicate the extent to which the mission priorities in existing decadal surveys address the search for life’s origin, evolution, distribution, and future in the Universe. (b) Use of strategy The Administrator shall use the strategy developed under subsection (a) in planning and funding research and other activities and initiatives in the field of astrobiology. The strategy shall include recommendations for coordination with international partners. (c) Report to Congress Not later than 18 months after the date of enactment of this Act, the National Academies shall transmit a report to the Administrator, and to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, containing the strategy developed under subsection (a). 324. Public-private partnerships Not later than 180 days after the date of enactment of this Act, the Administrator shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing how the Administration can expand collaborative public-private partnerships to study life’s origin, evolution, distribution, and future in the Universe. D Heliophysics 331. Decadal cadence In carrying out section 301(b), the Administrator shall ensure a steady cadence of large, medium, and small heliophysics missions. 332. Review of space weather (a) Review The Director of the Office of Science and Technology Policy, in consultation with the Administrator, the Administrator of the National Oceanic and Atmospheric Administration, the Director of the National Science Foundation, the Secretary of Defense, the Secretary of Energy, and the Secretary of Homeland Security, shall enter into an arrangement with the National Academies to provide a comprehensive study that reviews current and planned space weather monitoring requirements and capabilities. The study shall inform the process of identifying national needs for future space weather monitoring and mitigation. The National Academies shall give consideration to international and private sector efforts and collaboration. The study shall also review the current state of research capabilities in observing, modeling, and prediction and provide recommendations to ensure future advancement of predictive capability. (b) Report to Congress Not later than 1 year after the date of enactment of this Act, the National Academies shall transmit a report to the Administrator, and to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, containing the results of the study provided under subsection (a). 333. Deep Space Climate Observatory (a) Integrating sensors The Administrator may not integrate or fund the development of any sensor on the Deep Space Climate Observatory (DSCOVR) that is not aligned with the spacecraft’s original space weather mission requirements. (b) Algorithms The Administration may not develop or implement algorithms, or any other applications or products, that— (1) are not aligned with the Deep Space Climate Observatory mission’s intended space weather requirements; or (2) enable Earth at noon E Earth Science 341. Goal (a) In general Recognizing the contributions that Earth science and remote sensing have made to society over the last 50 years, the Administration shall continue to develop first-of-a-kind instruments that, once proved, can be transitioned to other agencies for operations. (b) Amendment Section 60501 In order to accomplish this goal, the Administrator shall conduct research and development on new sensors and instruments that will mitigate the risks associated with the development of operational systems and long-term data continuity requirements by other agencies. The Administration shall not be responsible for the development of operational Earth science systems, including satellite, sensor, or instrument development, acquisition, and operations, as well as product development and data analysis, unless such work is conducted on a reimbursable basis that accounts for the full cost of the work. The Administrator shall use the Joint Agency Satellite Division structure, or a direct successor thereto, to manage this process on a fully reimbursable basis. Earth observations-based research program. 342. Decadal cadence In carrying out section 301(b), the Administrator shall ensure a steady cadence of large, medium, and small Earth science missions. 343. Research to operations Section 60502(a) of title 51, United States Code, is amended by inserting Operational responsibility for Earth science or space weather missions or sensors may not be transferred from any other Federal agency to the Administration, except as specifically authorized by law. execute the transitions. 344. Interagency coordination Section 60505 of title 51, United States Code, is amended— (1) in the section heading, by inserting and other Federal agencies Atmospheric Administration (2) in subsection (a)— (A) by striking and the Administrator of the National Oceanic and Atmospheric Administration , the Administrator of the National Oceanic and Atmospheric Administration, and the heads of other relevant Federal agencies (B) by striking the two agencies each of those agencies (3) in subsection (b)— (A) by striking and the Administrator of the National Oceanic and Atmospheric Administration , the Administrator of the National Oceanic and Atmospheric Administration, and the heads of other relevant Federal agencies (B) by striking Committee on Science and Technology Committee on Science, Space, and Technology (C) by striking and the National Oceanic and Atmospheric Administration , the National Oceanic and Atmospheric Administration, and other relevant Federal agencies (4) in subsection (d), by striking Administration Earth science mission Earth science mission or Earth observing system to or from the National Oceanic and Atmospheric Administration, any other Federal agency, or the Administration, or to or from other stakeholders, until the plans required under subsection (c) have been approved by the Administrator, the Administrator of the National Oceanic and Atmospheric Administration, and the heads of other relevant Federal agencies, and until financial resources have been identified to support the transition or transfer in the President’s annual budget request for the National Oceanic and Atmospheric Administration, the Administration, or other relevant agencies. Operational responsibility for Earth science programs may not be transferred from any other Federal agency to the Administration, except as specifically authorized by law. 345. Joint Polar Satellite System climate sensors The Administration shall not be responsible for the development of Joint Polar Satellite System climate sensors, including the Total Solar Irradiance Sensor (TSIS–2), the Ozone Mapping and Profiler Suite–Limb (OMPS–L), or the Clouds and Earth Radiant Energy System (CERES–C). Any effort by the Administration related to this work shall be conducted on a fully reimbursable basis and executed by the Administration’s Joint Agency Satellite Division or a direct successor thereto. 346. Land imaging (a) Reaffirmation of Policy Congress reaffirms the finding in section 2(1) of the Land Remote Sensing Policy Act of 1992 ( 15 U.S.C. 5601(1) The continuous collection and utilization of land remote sensing data from space are of major benefit in studying and understanding human impacts on the global environment, in managing the Earth’s natural resources, in carrying out national security functions, and in planning and conducting many other activities of scientific, economic, and social importance. (b) Continuous Land Remote Sensing Data Collection The Director of the Office of Science and Technology Policy shall take steps in consultation with other relevant Federal agencies to ensure, to the maximum extent practicable, the continuous collection of space-based, medium-resolution observations of the Earth’s land cover, and to ensure that the data are made available in such ways as to facilitate the widest possible use. (c) Definition of land imaging capabilities The Administrator may not initiate the definition of requirements for land imaging capabilities unless such work is conducted on a fully reimbursable basis and executed by the Administration’s Joint Agency Satellite Division or a direct successor thereto. 347. Sources of Earth science data (a) Acquisition The Administrator shall, to the extent possible and while satisfying the scientific or educational requirements of the Administration and, where appropriate, of other Federal agencies and scientific researchers, acquire, where cost effective, space-based and airborne Earth remote sensing data, services, distribution, and applications from non-Federal providers. (b) Treatment as Commercial Item Under Acquisition Laws Acquisitions by the Administrator of the data, services, distribution, and applications referred to in subsection (a) shall be carried out in accordance with applicable acquisition laws and regulations (including chapters 137 and 140 of title 10, United States Code). For purposes of such laws and regulations, such data, services, distribution, and applications shall be considered to be commercial items. Nothing in this subsection shall be construed to preclude the United States from acquiring, through contracts with commercial providers, sufficient rights in data to meet the needs of the scientific and educational community or the needs of other government activities. (c) Safety Standards Nothing in this section shall be construed to prohibit the Federal Government from requiring compliance with applicable safety standards. (d) Report Not later than 180 days after the date of enactment of the Act, the Administrator shall submit a report to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the Administration’s efforts to carry out this section. IV Aeronautics 401. Sense of Congress It is the sense of Congress that— (1) a robust aeronautics research portfolio will help maintain the United States status as a leader in aviation; (2) aeronautics research is essential to the Administration’s mission; and (3) the Administrator should coordinate and consult with relevant Federal agencies and the private sector to minimize duplication and leverage resources. 402. Unmanned aerial systems research and development (a) In general The Administrator, in consultation with the Administrator of the Federal Aviation Administration and other Federal agencies, shall direct research and technological development to facilitate the safe integration of unmanned aerial systems into the National Airspace System, including— (1) positioning and navigation systems; (2) sense and avoid capabilities; (3) secure data and communication links; (4) flight recovery systems; and (5) human systems integration. (b) Roadmap The Administrator shall update a roadmap for unmanned aerial systems research and development and transmit this roadmap to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not later than 90 days after the date of enactment of this Act. (c) Cooperative unmanned aerial vehicle activities Section 31504 Operational flight data derived from these cooperative agreements shall be made available, in appropriate and usable formats, to the Administration and the Federal Aviation Administration for the development of regulatory standards. in remote areas. 403. Research program on composite materials used in aeronautics (a) Consultation The Administrator, in overseeing the Administration’s Integrated Systems Research Program’s work on composite materials, shall consult with relevant Federal agencies and partners in industry to accelerate safe development and certification processes for new composite materials and design methods while maintaining rigorous inspection of new composite materials. (b) Report Not later than 1 year after the date of enactment of this Act, the Administrator shall transmit a report to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate detailing the Administration’s work on new composite materials and the coordination efforts among Federal agencies. 404. Hypersonic research Not later than 1 year after the date of enactment of this Act, the Administrator, in consultation with other Federal agencies, shall develop and transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a research and development roadmap for hypersonic aircraft research with the objective of exploring hypersonic science and technology using air-breathing propulsion concepts, through a mix of theoretical work, basic and applied research, and development of flight research demonstration vehicles. The roadmap shall prescribe appropriate agency contributions, coordination efforts, and technology milestones. 405. Supersonic research Not later than 1 year after the date of enactment of this Act, the Administrator shall develop and transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a roadmap that allows for flexible funding profiles, for supersonic aeronautics research and development with the objective of developing and demonstrating, in a relevant environment, airframe and propulsion technologies to minimize the environmental impact, including noise, of supersonic overland flight in an efficient and economical manner. The roadmap shall include— (1) a status report on the Administration’s existing research on supersonic flight; (2) a list of specific technological, environmental, and other challenges that must be overcome to minimize the environmental impact, including noise, of supersonic overland flight; (3) a research plan to address such challenges, as well as a project timeline for accomplishing relevant research goals; and (4) a plan for coordination with stakeholders, including relevant government agencies and industry. 406. Research on NextGen airspace management concepts and tools (a) In general The Administrator shall, in consultation with the Director of the Joint Planning and Development Office of the Federal Aviation Administration, review at least annually the alignment and timing of the Administration’s research and development activities in support of the NextGen airspace management modernization initiative, and shall make any necessary adjustments by reprioritizing or retargeting the Administration’s research and development activities in support of the NextGen initiative. (b) Annual reports The Administrator shall report to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate annually regarding the progress of the Administration’s research and development activities in support of the NextGen airspace management modernization initiative, including details of consultation with the Federal Aviation Administration and any adjustments made to research activities. 407. Rotorcraft research Not later than 1 year after the date of enactment of this Act, the Administrator, in consultation with other Federal agencies, shall prepare and transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a plan for research relating to rotorcraft and other runway-independent air vehicles, with the objective of developing and demonstrating improved safety, noise, and environmental impact in a relevant environment. The plan shall include specific goals for the research, a timeline for implementation, metrics for success, and guidelines for collaboration and coordination with industry and other Federal agencies. V Space Technology 501. Space technology (a) Findings Congress finds the following: (1) The Space Technology Mission Directorate created by the Administration is lacking an organic statutory authorization and in need of congressional direction. (2) In order to appropriately prioritize the Administration’s resources to accomplish its goals and purposes, the Space Technology Mission Directorate needs to be reorganized as provided in the amendments made by this section. (3) Projects, programs, and activities currently within the Exploration Research and Development program should continue as planned as part of the Human Exploration and Operations Mission Directorate. (b) Space technology program (1) Amendment Section 70507 70507. Space Technology Program authorized (a) Program authorized The Administrator shall establish, within the office of the Administrator, a Space Technology Program to pursue the development of technologies that enable exploration of the solar system or advanced space science throughout the various elements of the Administration. (b) Small business programs The Administrator shall organize and manage the Administration’s Small Business Innovation Research program and Small Business Technology Transfer program within the Space Technology Program. (c) Nonduplication certification The Administrator shall include in the budget for each fiscal year, as transmitted to Congress under section 1105(a) . (2) Table of sections amendment The item relating to section 70507 in the table of sections for chapter 705 70507. Space Technology Program authorized. . VI Education 601. Education (a) In general The Administration shall continue its education and outreach efforts to— (1) increase student interest and participation in Science, Technology, Engineering, and Mathematics ( STEM (2) improve public literacy in STEM; (3) employ proven strategies for improving student learning and teaching; (4) provide curriculum support materials; and (5) create and support opportunities for professional development for STEM teachers. (b) Organization In order to ensure the inspiration and engagement of children and the general public, the Administration shall continue its STEM education and outreach activities within the Science, Aeronautics Research, Space Operations, and Exploration Mission Directorates. Funds devoted to education and public outreach shall be maintained in the Directorates, and the consolidation of these activities into the Education Directorate is prohibited. (c) Prohibition The Administration may not implement any proposed STEM education and outreach-related changes proposed in the budget for fiscal year 2014 transmitted to Congress under section 1105(a) VII Policy Provisions 701. Asteroid Retrieval Mission (a) In General Consistent with the policy stated in section 201(b), the Administrator may not fund the development of an asteroid retrieval mission to send a robotic spacecraft to a near-Earth asteroid for rendezvous, retrieval, and redirection of that asteroid to lunar orbit for exploration by astronauts. (b) Asteroid survey The Administration may not pursue a program to search for asteroids of 20 meters or less in diameter unless the survey program described in section 322(c) is at least 90 percent complete. (c) Report Not later than 180 days after the date of enactment of this Act, the Administrator shall provide to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the proposed Asteroid Retrieval Mission. Such report shall include— (1) a detailed budget profile, including cost estimates for the development of all necessary technologies and spacecraft required for the mission; (2) a detailed technical plan that includes milestones and a specific schedule; (3) a description of the technologies and capabilities anticipated to be gained from the proposed mission that will enable future human missions to Mars which could not be gained by lunar missions; and (4) a complete review by the Small Bodies Assessment Group and the NASA Advisory Council that includes a recommendation to Congress on the feasibility of the mission as proposed by the Administration. 702. Termination liability (a) Findings Congress makes the following findings: (1) The International Space Station, the Space Launch System, and the Orion crew capsule will enable the Nation to continue operations in low-Earth orbit and to send its astronauts to deep space. As a result of their unique capabilities and their critical contribution to the future of space exploration, these systems have been designated by Congress and the Administration as priority investments. (2) While the Space Launch System and the Orion programs, currently under development, have made significant progress, they have not been funded at levels authorized, and as a result congressionally authorized milestones will be delayed by several years. (3) In addition, contractors are currently holding program funding, estimated to be in the hundreds of millions of dollars, to cover the potential termination liability should the Government choose to terminate a program for convenience. As a result, hundreds of millions of taxpayer dollars are unavailable for meaningful work on these programs. (4) According to the Government Accountability Office, the Administration procures most of its goods and services through contracts, and it terminates very few of them. In fiscal year 2010, the Administration terminated 28 of 16,343 active contracts and orders—a termination rate of about 0.17 percent. (5) Providing processes requiring congressional action on termination of these high-priority programs would enable contractors to apply taxpayer dollars to making maximum progress in meeting the established technical goals and schedule milestones of these programs. (b) NASA termination liability (1) General rule Termination liability costs for a covered program shall be provided only pursuant to this subsection. (2) Prohibition on reserving funds The Administrator may not reserve funds from amounts appropriated for a covered program, and shall direct prime contractors not to reserve funds, for potential termination liability costs with respect to a covered program. (3) Intent of Congress It is the intent of Congress that funds authorized to be appropriated for covered programs be applied in meeting established technical goals and schedule milestones. (4) Void contractual provisions Any provision in a prime contract entered into before the date of enactment of this Act that provides for the payment of termination liability costs through any means other than as provided in this subsection is hereby declared to be void and unenforceable. (5) Congressional action; notice (A) Termination for convenience The Administrator may not initiate termination for the convenience of the Government of a prime contract on a covered program unless such program termination is authorized or required by a law enacted after the date of enactment of this Act. (B) Termination for cause The Administrator shall notify the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate before initiating termination for cause of a prime contract on a covered program. (6) Supplemental appropriation request (A) Request If the Administrator decides to terminate a prime contract on a covered program, and sufficient unobligated appropriations are not available to cover termination liability costs in the appropriations account that is funding the prime contract being terminated, the Administrator shall provide to Congress a notification that an authorization of appropriations is necessary not later than 120 days in advance of the proposed contract settlement for the covered program. (B) Intent of Congress It is the intent of Congress to provide additional authorization for appropriations as may be necessary to pay termination liability costs on prime contracts for covered programs if Congress deems it appropriate that the Administration terminate such prime contracts. (7) Definitions For purposes of this section: (A) Covered program The term covered program (B) Prime contractor The term prime contractor (C) Termination liability costs The term termination liability costs (c) Reporting Not later than 6 months after the date of enactment of this Act, and every 6 months thereafter for the duration of the prime contracts on covered programs, the Administrator shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that provides— (1) the estimated termination liability costs for each of the prime contracts; and (2) the basis for how such estimate was determined. 703. Indemnification extension Section 50915(f) of title 51, United States Code, is amended by striking December 31, 2013 December 31, 2018 704. Baseline and cost controls Section 30104 of title 51, United States Code, is amended— (1) in subsection (a), by striking Procedural Requirements 7120.5c, dated March 22, 2005 Procedural Requirements 7120.5E, dated August 14, 2012 (2) in subsection (f), by striking beginning 18 months after the date the Administrator transmits a report under subsection (e)(1)(A) beginning 18 months after the Administrator makes such determination 705. Project and program reserves To ensure that the establishment, maintenance, and allotment of project and program reserves contribute to prudent management, not later than 180 days after the date of enactment of this Act, the Administrator shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing the Administration’s criteria for establishing the amount of reserves at the project and program levels and how such criteria complement the Administration’s policy of budgeting at a 70-percent confidence level. 706. Independent reviews Not later than 270 days after the date of enactment of this Act, the Administrator shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing the Administration’s procedures for conducting independent reviews of projects and programs at lifecycle milestones and how the Administration ensures the independence of the individuals who conduct those reviews prior to their assignment. 707. Space Act Agreements (a) Cost Sharing To the extent that the Administrator determines practicable, the funds provided by the Government under a funded Space Act Agreement shall not exceed the total amount provided by other parties to the Space Act Agreement. (b) Need A Space Act Agreement may be used only when the use of a standard contract, grant, or cooperative agreement is not feasible or appropriate, as determined by the Associate Administrator for Procurement. (c) Public Notice and Comment The Administrator shall make available for public notice and comment each proposed Space Act Agreement at least 30 days before entering into such agreement, with appropriate redactions for proprietary, sensitive, or classified information. (d) Transparency The Administrator shall publicly disclose on the Administration’s website and make available in a searchable format all Space Act Agreements, with appropriate redactions for proprietary, sensitive, or classified information, not later than 60 days after such agreement is signed. (e) Authorization The Administrator may not enter into a funded Space Act Agreement for an amount in excess of $50,000,000 unless such agreement has been specifically authorized by law. (f) Annual report (1) Requirement Not later than 90 days after the end of each fiscal year, the Administrator shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the use of Space Act Agreement authority by the Administration during the previous fiscal year. (2) Contents The report shall include for each Space Act Agreement in effect at the time of the report— (A) an indication of whether the agreement is a reimbursable, nonreimbursable, or funded Space Act Agreement; (B) a description of— (i) the subject and terms; (ii) the parties; (iii) the responsible— (I) mission directorate; (II) center; or (III) headquarters element; (iv) the value; (v) the extent of the cost sharing among Federal Government and non-Federal sources; (vi) the time period or schedule; and (vii) all milestones; and (C) an indication of whether the agreement was renewed during the previous fiscal year. (3) Anticipated agreements The report shall also include a list of all anticipated reimbursable, nonreimbursable, and funded Space Act Agreements for the upcoming fiscal year. (4) Cumulative program benefits The report shall also include, with respect to the Space Act Agreements covered by the report, a summary of— (A) the technology areas in which research projects were conducted under such agreements; (B) the extent to which the use of the Space Act Agreements— (i) has contributed to a broadening of the technology and industrial base available for meeting Administration needs; and (ii) has fostered within the technology and industrial base new relationships and practices that support the United States; and (C) the total amount of value received by the Federal Government during the fiscal year pursuant to such Space Act Agreements. 708. Human spaceflight accident investigations Section 70702(a) (3) any other space vehicle carrying humans that is owned by the Federal Government or that is being used pursuant to a contract or Space Act Agreement, as defined in section 2 of the with the Federal Government; or . 709. Commercial technology transfer program Section 50116(a) , while protecting national security research community 710. Orbital debris (a) Finding Congress finds that orbital debris poses serious risks to the operational space capabilities of the United States and that an international consensus and strategic plan is needed to mitigate the growth of orbital debris wherever possible. (b) Reports (1) Coordination Not later than 90 days after the date of enactment of this Act, the Administrator shall provide the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate with a report on the status of efforts to coordinate with countries within the Inter-Agency Space Debris Coordination Committee to mitigate the effects and growth of orbital debris as required by section 1202(b)(1) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18441(b)(1)). (2) Mitigation strategy Not later than 90 days after the date of enactment of this Act, the Director of the Office of Science and Technology Policy shall provide the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate with a report on the status of the orbital debris mitigation strategy required under section 1202(b)(2) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18441(b)(2)). 711. NASA leadership Section 20111 of title 51, United States Code, is amended— (1) in subsection (a), by inserting The Administrator shall serve for a term of 6 years, and may be reappointed for additional terms. and activities thereof. (2) in subsection (b)— (A) by inserting The Deputy Administrator may not act for, and exercise the powers of, the Administrator for a period in excess of 45 days. After 45 days, the Associate Administrator shall exercise the powers of the Administrator until a new Administrator is appointed and confirmed by the Senate. absence or disability. (B) by striking from civilian life 712. NASA Advisory Council (a) Establishment Subchapter II of chapter 201 20118. NASA Advisory Council (a) Establishment There shall be established a NASA Advisory Council (in this section referred to as the Council (b) Membership and appointment The Council shall consist of 11 members to be appointed as follows: (1) 5 members shall be appointed by the President. (2) 2 members shall be appointed by the President pro tempore of the Senate. (3) 1 member shall be appointed by the minority leader of the Senate. (4) 2 members shall be appointed by the Speaker of the House of Representatives. (5) 1 member shall be appointed by the minority leader of the House of Representatives. In addition to the members appointed under paragraphs (1) through (5), the Administrator shall be an ex officio, nonvoting member of the Council. Members of the Council shall comply with the Federal Advisory Committee Act (5 U.S.C. App.) and the Ethics in Government Act of 1978 (5 U.S.C. App.). (c) Qualifications The persons appointed as members of the Council shall be— (1) former astronauts or scientists or engineers eminent in the fields of human spaceflight, planetary science, space science, Earth science, aeronautics, or disciplines related to space exploration and aeronautics, including other scientific, engineering, or business disciplines; (2) selected on the basis of established records of distinguished service; and (3) so selected as to provide representation of the views of engineering, science, and aerospace leaders in all areas of the Nation. (d) Terms The term of office of each member of the Council shall be 6 years. (e) Meetings The Council shall meet two times annually at minimum and at such other times as the Chairman may determine, but the Chairman shall also call a meeting whenever one-third of the members so request in writing. The Council shall adopt procedures governing the conduct of its meetings, including delivery of notice and a definition of a quorum, which in no case shall be less than one-half plus one of the members of the Council. (f) Chairman and vice chairman The Chairman and Vice Chairman of the Council shall be elected by a majority vote of the Council for a two-year term. A member may serve as Chairman and Vice Chairman for up to three terms. The Vice Chairman shall perform the duties of the Chairman in his absence. If a vacancy occurs in the chairmanship or vice chairmanship, the Council shall elect a member to fill such vacancy. (g) Staff The Administrator shall support the Council with professional staff to provide for the performance of such duties as may be prescribed by the Council. (h) Committees The Council is authorized to appoint from among its members such committees as it deems necessary and to assign to committees so appointed such survey and advisory functions as the Council deems appropriate to assist it in exercising its powers and functions. (i) Functions (1) Budget proposal (A) Review of proposal Not later than October 15 of each year, the Council shall have reviewed the Administration’s proposed budget for the next fiscal year and shall provide to the President their advice based on the best professional judgment of a majority of members. Portions of Council meetings in which the Council considers the budget proposal for the next fiscal year may be closed to the public until the Council submits the proposal to the President and Congress. (B) Advice to congressional committees Not later than 14 days following the President’s budget submittal to Congress for the next fiscal year, the Council shall provide to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate their advice based on the best professional judgment of a majority of members. (2) Advice to the President and Congress The Council shall report their findings, advice, and recommendations to the President and Congress on matters of particular policy interest on space exploration and aeronautics based on the best professional judgment of a majority of members. . (b) Table of sections The table of sections for chapter 201 20118. NASA Advisory Council. . (c) Consultation and advice Section 20113(g) and Congress advice to the Administration 713. Cost estimation (a) Report Not later than 90 days after the date of enactment of this Act, the Administrator shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on current and continuing efforts to implement more effective cost-estimation practices. (b) Elements The report required under subsection (a) shall include— (1) a list of steps the Administration is undertaking to advance consistent implementation of the joint cost and schedule level (JCL) process; and (2) a description of mechanisms the Administration is using and will continue to use to ensure that adequate resources are dedicated to cost estimation.

Summary: National Aeronautics and Space Administration Authorization Act of 2013 - Authorizes appropriations for FY2014-FY2015 for the National Aeronautics and Space Administration (NASA). Authorizes programs, activities and reports respecting NASA, including those with regard to human exploration, the Space Launch System, the Orion multipurpose crew vehicle, the International Space Station (ISS), radioisotope thermoelectric generators, extrasolar planet research and exploration, the James Webb Space Telescope, the Wide-Field Infrared Survey Telescope, near-Earth objects, space weather, the Deep Space Climate Observatory, land imaging remote sensing data, aeronautics research, science, technology, engineering, and mathematics (STEM) education, project and program reserves, and orbital debris mitigation. Establishes a space technology program.