(9) the 21st Century Launch Complex Program 
should be continued in a manner that leverages 
State and private investments to achieve the goals of 
that program. 
(c) REAFFIRMATION.—Congress reaffirms— 
(1) its commitment to the use of a commercially 
developed, private sector launch and delivery system 
to the ISS for crew missions as expressed in the Na-
tional Aeronautics and Space Administration Au-
thorization Act of 2005 (Public Law 109–155; 119 
Stat. 2895), the National Aeronautics and Space 
Administration Authorization Act of 2008 (Public 
Law 110–422; 122 Stat. 4779), and the National 
Aeronautics and Space Administration Authorization 
Act of 2010 (42 U.S.C. 18301 et seq.); and 
(2) 
the 
requirement 
under 
section 
50111(b)(1)(A) of title 51, United States Code, that 
the Administration shall make use of United States 
commercially provided ISS crew transfer and crew 
rescue services to the maximum extent practicable. 
(d) USE OF NON-UNITED STATES HUMAN SPACE 
FLIGHT
TRANSPORTATION
CAPABILITIES.—Section 
201(a) of the National Aeronautics and Space Administra-
tion Authorization Act of 2010 (42 U.S.C. 18311(a)) is 
amended to read as follows: 
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‘‘(a) USE OF NON-UNITED STATES HUMAN SPACE 
FLIGHT TRANSPORTATION SERVICES.— 
‘‘(1) IN GENERAL.—The Federal Government 
may not acquire human space flight transportation 
services from a foreign entity unless— 
‘‘(A) no United States Government-oper-
ated human space flight capability is available; 
‘‘(B) no United States commercial provider 
is available; and 
‘‘(C) it is a qualified foreign entity. 
‘‘(2) DEFINITIONS.—In this subsection: 
‘‘(A) COMMERCIAL PROVIDER.—The term 
‘commercial provider’ means any person pro-
viding human space flight transportation serv-
ices, primary control of which is held by persons 
other than the Federal Government, a State or 
local government, or a foreign government. 
‘‘(B) QUALIFIED FOREIGN ENTITY.—The 
term ‘qualified foreign entity’ means a foreign 
entity that is in compliance with all applicable 
safety standards and is not prohibited from 
providing space transportation services under 
other law. 
‘‘(C) UNITED STATES COMMERCIAL PRO-
VIDER.—The term ‘United States commercial 
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provider’ means a commercial provider, orga-
nized under the laws of the United States or of 
a State, that is more than 50 percent owned by 
United States nationals. 
‘‘(3) ARRANGEMENTS
WITH
FOREIGN
ENTI-
TIES.—Nothing in this subsection shall prevent the 
Administrator from negotiating or entering into 
human space flight transportation arrangements 
with foreign entities to ensure safety of flight and 
continued ISS operations.’’. 
(e) COMMERCIAL CREW PROGRAM.— 
(1) OBJECTIVE.—The objective of the Commer-
cial Crew Program shall be to assist in the develop-
ment of at least one commercially provided transpor-
tation system that can— 
(A) carry United States Government astro-
nauts safely, reliably, and affordably to and 
from the ISS; 
(B) serve as a crew rescue vehicle; and 
(C) accomplish subparagraphs (A) and (B) 
as soon as practicable. 
(2) PRIMARY
CONSIDERATION.—The objective 
described in paragraph (1) shall be the primary con-
sideration in the acquisition strategy for the Com-
mercial Crew Program. 
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(3) SAFETY.— 
(A) IN
GENERAL.—The Administrator 
shall protect the safety of government astro-
nauts by ensuring that each commercially pro-
vided transportation system under this sub-
section meets all applicable human rating re-
quirements 
in 
accordance 
with 
section 
403(b)(1) of the National Aeronautics and 
Space Administration Authorization Act of 
2010 (42 U.S.C. 18342(b)(1)). 
(B) LESSONS LEARNED.—Consistent with 
the findings and recommendations of the Co-
lumbia Accident Investigation Board, the Ad-
ministration shall ensure that safety and the 
minimization of the probability of loss of crew 
are the critical priorities of the Commercial 
Crew Program. 
(4) COST
MINIMIZATION.—The Administrator 
shall strive through the competitive selection process 
to minimize the life cycle cost to the Administration 
through the planned period of commercially provided 
crew transportation services. 
(f) COMMERCIAL CARGO PROGRAM.—Section 401 of 
the National Aeronautics and Space Administration Au-
thorization Act of 2010 (42 U.S.C. 18341) is amended 
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by striking ‘‘Commercial Orbital Transportation Services’’ 
and inserting ‘‘Commercial Resupply Services’’. 
(g) COMPETITION.—It is the policy of the United 
States that, to foster the competitive development, oper-
ation, improvement, and commercial availability of space 
transportation services, and to minimize the life cycle cost 
to the Administration, the Administrator shall procure 
services for Federal Government access to and return from 
the ISS, whenever practicable, via fair and open competi-
tion for well-defined, milestone-based, Federal Acquisition 
Regulation-based contracts under section 201(a) of the 
National Aeronautics and Space Administration Author-
ization Act of 2010 (42 U.S.C. 18311(a)). 
(h) TRANSPARENCY.— 
(1) SENSE OF CONGRESS.—It is the sense of 
Congress that cost transparency and schedule trans-
parency aid in effective program management and 
risk assessment. 
(2) IN GENERAL.—The Administrator shall, to 
the greatest extent practicable and in a manner that 
does not add costs or schedule delays to the pro-
gram, ensure all Commercial Crew Program and 
Commercial Resupply Services Program providers 
provide evidence-based support for their costs and 
schedules. 
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