U.S. Leadership in Space Act of 2022
Bill: H.R.6391 | Sponsor: Rep. Weber, Randy K., Sr. (R-TX)
Policy area: Science, Technology, Communications

Summary:
U.S. Leadership in Space Act of 2022
This bill authorizes funding for FY2021 to the National Aeronautics and Space Administration (NASA), continues U.S. use of the International Space Station (ISS) through FY2030, and authorizes programs and activities.
Among other requirements, NASA must
Additionally, the bill authorizes NASA to maintain two operational mobile launch platforms to enable multiple configurations of the Space Launch System and conduct missions to intermediate destinations, such as the Moon, in order to achieve human exploration of Mars.
Further, the Department of Defense must review each of its planned, ongoing, and completed activities, programs, and projects on the ISS.
The bill also (1) limits cooperation by NASA with China, and (2) provides for a designated invention to be the exclusive property of a user under specified conditions.

To ensure continued United States leadership in space and low-Earth 
                                 orbit.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``U.S. Leadership in 
Space Act of 2022''.
    (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. Authorization of appropriations.
              TITLE II--HUMAN SPACEFLIGHT AND EXPLORATION

Sec. 201. Competitiveness within the human landing system program.
Sec. 202. Space launch system configurations.
Sec. 203. Advanced spacesuits.
Sec. 204. Acquisition of domestic space transportation and logistics 
                            resupply services.
Sec. 205. Rocket engine test infrastructure.
Sec. 206. Pearl River maintenance.
Sec. 207. Value of International Space Station and capabilities in low-
                            Earth orbit.
Sec. 208. Extension and modification relating to International Space 
                            Station.
Sec. 209. Department of Defense activities on International Space 
                            Station.
Sec. 210. Commercial development in low-Earth orbit.
Sec. 211. Maintaining a national laboratory in space.
Sec. 212. International Space Station national laboratory; property 
                            rights in inventions.
Sec. 213. Data first produced during non-NASA scientific use of the ISS 
                            national laboratory.
Sec. 214. Steppingstone approach to exploration.
Sec. 215. Technical amendments relating to Artemis missions.
                   TITLE III--SAFETY AND TRANSPARENCY

Sec. 301. Crew transportation safety.
                    TITLE IV--U.S. NATIONAL SECURITY

Sec. 401. Cybersecurity.
Sec. 402. Exemption from the Iran, North Korea, and Syria 
                            Nonproliferation Act.
Sec. 403. Limitation on cooperation with the People's Republic of 
                            China.
Sec. 404. Countering Chinese threats to U.S. activities in space.
Sec. 405. Consideration of issues related to contracting with entities 
                            receiving assistance from or affiliated 
                            with the People's Republic of China.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Administration.--The term ``Administration'' means the 
        National Aeronautics and Space Administration.
            (2) Administrator.--The term ``Administrator'' means the 
        Administrator of the National Aeronautics and Space 
        Administration.
            (3) Appropriate committees of congress.--Except as 
        otherwise expressly provided, the term ``appropriate committees 
        of Congress'' means--
                    (A) the Committee on Commerce, Science, and 
                Transportation of the Senate; and
                    (B) the Committee on Science, Space, and Technology 
                of the House of Representatives.
            (4) Cislunar space.--The term ``cislunar space'' means the 
        region of space beyond low-Earth orbit out to and including the 
        region around the surface of the Moon.
            (5) Deep space.--The term ``deep space'' means the region 
        of space beyond low-Earth orbit, including cislunar space.
            (6) Development cost.--The term ``development cost'' has 
        the meaning given the term in section 30104 of title 51, United 
        States Code.
            (7) ISS.--The term ``ISS'' means the International Space 
        Station.
            (8) ISS management entity.--The term ``ISS management 
        entity'' means the organization with which the Administrator 
        has entered into a cooperative agreement under section 504(a) 
        of the National Aeronautics and Space Administration 
        Authorization Act of 2010 (42 U.S.C. 18354(a)).
            (9) NASA.--The term ``NASA'' means the National Aeronautics 
        and Space Administration.
            (10) Orion.--The term ``Orion'' means the multipurpose crew 
        vehicle described in section 303 of the National Aeronautics 
        and Space Administration Authorization Act of 2010 (42 U.S.C. 
        18323).
            (11) OSTP.--The term ``OSTP'' means the Office of Science 
        and Technology Policy.
            (12) Space launch system.--The term ``Space Launch System'' 
        means the Space Launch System authorized under section 302 of 
        the National Aeronautics and Space Administration Act of 2010 
        (42 U.S.C. 18322).

                TITLE I--AUTHORIZATION OF APPROPRIATIONS

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Administration for 
fiscal year 2021 as follows:
            (1) For Exploration, $6,706,400,000.
            (2) For Space Operations, $3,988,200,000.
            (3) For Science, $7,274,700,000.
            (4) For Aeronautics, $828,700,000.
            (5) For Space Technology, $1,206,000,000.
            (6) For Science, Technology, Engineering, and Mathematics 
        Engagement, $120,000,000.
            (7) For Safety, Security, and Mission Services, 
        $2,936,500,000.
            (8) For Construction and Environmental Compliance and 
        Restoration, $390,300,000.
            (9) For Inspector General, $44,200,000.

              TITLE II--HUMAN SPACEFLIGHT AND EXPLORATION

SEC. 201. COMPETITIVENESS WITHIN THE HUMAN LANDING SYSTEM PROGRAM.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) the development of technologies that enable human 
        exploration of the lunar surface and other celestial bodies;
            (2) commercial entities in the United States have made 
        significant investment and progress toward the development of 
        human-class lunar landers;
            (3) NASA developed the Artemis program--
                    (A) to fulfill the goal of landing United States 
                astronauts, including the first woman and the next man, 
                on the Moon; and
                    (B) to collaborate with commercial and 
                international partners to establish sustainable lunar 
                exploration by 2028;
            (4) in carrying out the Artemis program, the Administrator 
        should ensure that the entire Artemis program is inclusive and 
        representative of all people of the United States, including 
        women and minorities; and
            (5) maintaining multiple technically credible providers 
        within NASA commercial programs is a best practice that reduces 
        programmatic risk.
    (b) Statement of Policy.--It shall be the policy of the United 
States--
            (1) to bolster the domestic space technology industrial 
        base, using existing tools and authorities, particularly in 
        areas central to competition between the United States and the 
        People's Republic of China; and
            (2) to mitigate threats and minimize challenges to the 
        superiority of the United States in space technology, including 
        lunar infrastructure and lander capabilities.
    (c) Human Landing System Program.--
            (1) In general.--Not later than 60 days after the date of 
        the enactment of this division, the Administrator shall 
        maintain competitiveness within the human landing system 
        program by funding design, development, testing, and evaluation 
        for not fewer than 2 entities.
            (2) Requirements.--In carrying out the human landing system 
        program referred to in paragraph (1), the Administrator shall, 
        to the extent practicable--
                    (A) encourage reusability and sustainability of 
                systems developed; and
                    (B) offer existing capabilities and assets of NASA 
                centers to support such partnerships.
            (3) Briefing.--Not later than 60 days after the date of the 
        enactment of this division, the Administrator shall provide to 
        the appropriate committees of Congress a briefing on the 
        implementation of paragraph (1).
            (4) Authorization of appropriations.--In addition to 
        amounts otherwise appropriated for the Artemis program, for 
        fiscal years 2021 through 2025, there is authorized to be 
        appropriated $10,032,000,000 to NASA to carry out the human 
        landing system program.
            (5) Savings.--The Administrator shall not, in order to 
        comply with the obligations referred to in paragraph (1), 
        modify, terminate, or rescind any selection decisions or awards 
        made under the human landing system program that were announced 
        prior to the date of the enactment of this division.
    (d) Appropriate Committees of Congress Defined.--In this section, 
the term ``appropriate committees of Congress'' means--
            (1) the Committee on Commerce, Science, and Transportation 
        and the Committee on Appropriations of the Senate; and
            (2) the Committee on Science, Space, and Technology and the 
        Committee on Appropriations of the House of Representatives.

SEC. 202. SPACE LAUNCH SYSTEM CONFIGURATIONS.

    (a) Mobile Launch Platform.--The Administrator is authorized to 
maintain 2 operational mobile launch platforms to enable the launch of 
multiple configurations of the Space Launch System.
    (b) Exploration Upper Stage.--To meet the capability requirements 
under section 302(c)(2) of the National Aeronautics and Space 
Administration Authorization Act of 2010 (42 U.S.C. 18322(c)(2)), the 
Administrator shall continue development of the Exploration Upper Stage 
for the Space Launch System with a scheduled availability sufficient 
for use on the third launch of the Space Launch System.
    (c) Briefing.--Not later than 90 days after the date of the 
enactment of this division, the Administrator shall brief the 
appropriate committees of Congress on the development and scheduled 
availability of the Exploration Upper Stage for the third launch of the 
Space Launch System.
    (d) Main Propulsion Test Article.--To meet the requirements under 
section 302(c)(3) of the National Aeronautics and Space Administration 
Authorization Act of 2010 (42 U.S.C. 18322(c)(3)), the Administrator 
shall--
            (1) immediately on completion of the first full-duration 
        integrated core stage test of the Space Launch System, initiate 
        development of a main propulsion test article for the 
        integrated core stage propulsion elements of the Space Launch 
        System, consistent with cost and schedule constraints, 
        particularly for long-lead propulsion hardware needed for 
        flight;
            (2) not later than 180 days after the date of the enactment 
        of this division, submit to the appropriate committees of 
        Congress a detailed plan for the development and operation of 
        such main propulsion test article; and
            (3) use existing capabilities of NASA centers for the 
        design, manufacture, and operation of the main propulsion test 
        article.

SEC. 203. ADVANCED SPACESUITS.

    (a) Sense of Congress.--It is the sense of Congress that next-
generation advanced spacesuits are a critical technology for human 
space exploration and use of low-Earth orbit, cislunar space, the 
surface of the Moon, and Mars.
    (b) Development Plan.--The Administrator shall establish a detailed 
plan for the development and manufacture of advanced spacesuits, 
consistent with the deep space exploration goals and timetables of 
NASA.
    (c) Diverse Astronaut Corps.--The Administrator shall ensure that 
spacesuits developed and manufactured after the date of the enactment 
of this division are capable of accommodating a wide range of sizes of 
astronauts so as to meet the needs of the diverse NASA astronaut corps.
    (d) ISS Use.--Throughout the operational life of the ISS, the 
Administrator should fully use the ISS for testing advanced spacesuits.
    (e) Spacesuit Technology Partnerships To Fully Meet NASA's Needs.--
            (1) In general.--In developing an advanced spacesuit, the 
        Administrator shall, to the maximum extent practicable, partner 
        with leverage the capabilities unique to Johnson Space Center's 
        workforce and pursue agreements for design, development, and 
        manufacturing of advanced spacesuits with 2 or more industry 
        partners who are able to demonstrate design concepts at which 
        meet all identified Agency requirements for advanced 
        spacesuits, providing maximum consideration for the measurement 
        of all associated design, development, manufacturing, and other 
        costs weighted against EVA cadence and availability on ISS, 
        future commercial platforms, and cislunar needs.
            (2) Agreements with private entities.--In carrying out this 
        subsection, the Administrator may enter into 2 or more 
        agreements with 2 or more private entities for the manufacture 
        of advanced spacesuits, as the Administrator considers 
        appropriate.
    (f) Briefing.--Not later than 180 days after the date of the 
enactment of this division, and semiannually thereafter until NASA 
procures advanced spacesuits under this section, the Administrator 
shall brief the appropriate committees of Congress on the development 
plan in subsection (b).

SEC. 204. ACQUISITION OF DOMESTIC SPACE TRANSPORTATION AND LOGISTICS 
              RESUPPLY SERVICES.

    (a) In General.--Except as provided in subsection (b), the 
Administrator shall not enter into any contract with a person or entity 
that proposes to use, or will use, a foreign launch provider for a 
commercial service to provide space transportation or logistics 
resupply for--
            (1) the ISS; or
            (2) any Government-owned or Government-funded platform in 
        Earth orbit or cislunar space, on the lunar surface, or 
        elsewhere in space.
    (b) Exception.--The Administrator may enter into a contract with a 
person or an entity that proposes to use, or will use, a foreign launch 
provider for a commercial service to carry out an activity described in 
subsection (a) if--
            (1) a domestic vehicle or service is unavailable; or
            (2) the launch vehicle or service is a contribution by a 
        partner to an international no-exchange-of-funds collaborative 
        effort.
    (c) Rule of Construction.--Nothing in this section shall be 
construed to prohibit the Administrator from entering into 1 or more 
no-exchange-of-funds collaborative agreements with an international 
partner in support of the deep space exploration plan of NASA.

SEC. 205. ROCKET ENGINE TEST INFRASTRUCTURE.

    (a) In General.--The Administrator shall continue to carry out a 
program to modernize rocket propulsion test infrastructure at NASA 
facilities--
            (1) to increase capabilities;
            (2) to enhance safety;
            (3) to support propulsion development and testing; and
            (4) to foster the improvement of Government and commercial 
        space transportation and exploration.
    (b) Projects.--Projects funded under the program described in 
subsection (a) may include--
            (1) infrastructure and other facilities and systems 
        relating to rocket propulsion test stands and rocket propulsion 
        testing;
            (2) enhancements to test facility capacity and flexibility; 
        and
            (3) such other projects as the Administrator considers 
        appropriate to meet the goals described in that subsection.
    (c) Requirements.--In carrying out the program under subsection 
(a), the Administrator shall--
            (1) prioritize investments in projects that enhance test 
        and flight certification capabilities for large thrust-level 
        atmospheric and altitude engines and engine systems, and multi-
        engine integrated test capabilities;
            (2) continue to make underutilized test facilities 
        available for commercial use on a reimbursable basis; and
            (3) ensure that no project carried out under this program 
        adversely impacts, delays, or defers testing or other 
        activities associated with facilities used for Government 
        programs, including--
                    (A) the Space Launch System and the Exploration 
                Upper Stage of the Space Launch System;
                    (B) in-space propulsion to support exploration 
                missions; or
                    (C) nuclear propulsion testing.
    (d) Rule of Construction.--Nothing in this section shall preclude a 
NASA program, including the Space Launch System and the Exploration 
Upper Stage of the Space Launch System, from using the modernized test 
infrastructure developed under this section.
    (e) Working Capital Fund Study.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this division, the Administrator shall submit 
        to the appropriate committees of Congress a report on the use 
        of the authority under section 30102 of title 51, United States 
        Code, to promote increased use of NASA rocket propulsion test 
        infrastructure for research, development, testing, and 
        evaluation activities by other Federal agencies, firms, 
        associations, corporations, and educational institutions.
            (2) Matters to be included.--The report required by 
        paragraph (1) shall include the following:
                    (A) An assessment of prior use, if any, of the 
                authority under section 30102 of title 51, United 
                States Code, to improve testing infrastructure.
                    (B) An analysis of any barrier to implementation of 
                such authority for the purpose of promoting increased 
                use of NASA rocket propulsion test infrastructure.

SEC. 206. PEARL RIVER MAINTENANCE.

    (a) In General.--The Administrator shall coordinate with the Chief 
of the Army Corps of Engineers to ensure the continued navigability of 
the Pearl River and Little Lake channels sufficient to support NASA 
barge operations surrounding Stennis Space Center and the Michoud 
Assembly Facility.
    (b) Report to Congress.--Not later than 180 days after the date of 
the enactment of this division, the Administrator shall submit to the 
appropriate committees of Congress a report on efforts under subsection 
(a).
    (c) Appropriate Committees of Congress Defined.--In this section, 
the term ``appropriate committees of Congress'' means--
            (1) the Committee on Commerce, Science, and Transportation, 
        the Committee on Environment and Public Works, and the 
        Committee on Appropriations of the Senate; and
            (2) the Committee on Science, Space, and Technology, the 
        Committee on Transportation and Infrastructure, and the 
        Committee on Appropriations of the House of Representatives.

SEC. 207. VALUE OF INTERNATIONAL SPACE STATION AND CAPABILITIES IN LOW-
              EARTH ORBIT.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) it is in the national and economic security interests 
        of the United States to maintain a continuous presence in low-
        Earth orbit, in perpetuity;
            (2) low-Earth orbit should be used as a test bed to advance 
        human space exploration and scientific discoveries to advance 
        human space exploration, scientific discoveries, and commercial 
        development; and
            (3) the ISS is a critical component of economic, 
        commercial, and industrial development in low-Earth orbit.
    (b) Human Presence Requirement.--The United States shall 
continuously maintain the capability for a continuous human presence in 
low-Earth orbit through and beyond the useful life of the ISS.

SEC. 208. EXTENSION AND MODIFICATION RELATING TO INTERNATIONAL SPACE 
              STATION.

    (a) Policy.--Section 501(a) of the National Aeronautics and Space 
Administration Authorization Act of 2010 (42 U.S.C. 18351(a)) is 
amended by striking ``2024'' and inserting ``2030''.
    (b) Maintenance of United States Segment and Assurance of Continued 
Operations.--Section 503(a) of the National Aeronautics and Space 
Administration Authorization Act of 2010 (42 U.S.C. 18353(a)) is 
amended by striking ``September 30, 2024'' and inserting ``September 
30, 2030''.
    (c) Research Capacity Allocation and Integration of Research 
Payloads.--Section 504(d) of the National Aeronautics and Space 
Administration Authorization Act of 2010 (42 U.S.C. 18354(d)) is 
amended--
            (1) in paragraph (1), in the first sentence--
                    (A) by striking ``As soon as practicable'' and all 
                that follows through ``2011,'' and inserting ``The''; 
                and
                    (B) by striking ``September 30, 2024'' and 
                inserting ``September 30, 2030''; and
            (2) in paragraph (2), in the third sentence, by striking 
        ``September 30, 2024'' and inserting ``September 30, 2030''.
    (d) Maintenance of Use.--Section 70907 of title 51, United States 
Code, is amended--
            (1) in the section heading, by striking ``2024'' and 
        inserting ``2030'';
            (2) in subsection (a), by striking ``September 30, 2024'' 
        and inserting ``September 30, 2030''; and
            (3) in subsection (b)(3), by striking ``September 30, 
        2024'' and inserting ``September 30, 2030''.
    (e) Transition Plan Reports.--Section 50111(c)(2) of title 51, 
United States Code is amended--
            (1) in the matter preceding subparagraph (A), by striking 
        ``2023'' and inserting ``2028''; and
            (2) in subparagraph (J), by striking ``2028'' and inserting 
        ``2030''.
    (f) Elimination of International Space Station National Laboratory 
Advisory Committee.--Section 70906 of title 51, United States Code, is 
repealed.
    (g) Conforming Amendments.--Chapter 709 of title 51, United States 
Code, is amended--
            (1) by redesignating section 70907 as section 70906; and
            (2) in the table of sections for the chapter, by striking 
        the items relating to sections 70906 and 70907 and inserting 
        the following:

``70906. Maintaining use through at least 2030.''.

SEC. 209. DEPARTMENT OF DEFENSE ACTIVITIES ON INTERNATIONAL SPACE 
              STATION.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this division, the Secretary of Defense shall--
            (1) identify and review each activity, program, and project 
        of the Department of Defense completed, being carried out, or 
        planned to be carried out on the ISS as of the date of the 
        review; and
            (2) provide to the appropriate committees of Congress a 
        briefing that describes the results of the review.
    (b) Appropriate Committees of Congress Defined.--In this section, 
the term ``appropriate committees of Congress'' means--
            (1) the Committee on Armed Services, the Committee on 
        Appropriations, and the Committee on Commerce, Science, and 
        Transportation of the Senate; and
            (2) the Committee on Armed Services, the Committee on 
        Appropriations, and the Committee on Science, Space, and 
        Technology of the House of Representatives.

SEC. 210. COMMERCIAL DEVELOPMENT IN LOW-EARTH ORBIT.

    (a) Statement of Policy.--It is the policy of the United States to 
encourage the development of a thriving and robust United States 
commercial sector in low-Earth orbit.
    (b) Preference for United States Commercial Products and 
Services.--The Administrator shall continue to increase the use of 
assets, products, and services of private entities in the United States 
to fulfill the low-Earth orbit requirements of the Administration.
    (c) Noncompetition.--
            (1) In general.--Except as provided in paragraph (2), the 
        Administrator may not offer to a foreign person or a foreign 
        government a spaceflight product or service relating to the 
        ISS, if a comparable spaceflight product or service, as 
        applicable, is offered by a private entity in the United 
        States.
            (2) Exception.--The Administrator may offer a spaceflight 
        product or service relating to the ISS to the government of a 
        country that is a signatory to the Agreement Among the 
        Government of Canada, Governments of Member States of the 
        European Space Agency, the Government of Japan, the Government 
        of the Russian Federation, and the Government of the United 
        States of America Concerning Cooperation on the Civil 
        International Space Station, signed at Washington January 29, 
        1998, and entered into force on March 27, 2001 (TIAS 12927), 
        including an international partner astronaut (as defined in 
        section 50902 of title 51, United States Code) that is 
        sponsored by the government of such a country.
    (d) Short-Duration Commercial Missions.--To provide opportunities 
for additional transport of astronauts to the ISS and help establish a 
commercial market in low-Earth orbit, the Administrator may permit 
short-duration missions to the ISS for commercial passengers on a fully 
or partially reimbursable basis.
    (e) Program Authorization.--
            (1) Establishment.--The Administrator shall establish a 
        low-Earth orbit commercial development program to encourage the 
        fullest commercial use and development of space by private 
        entities in the United States.
            (2) Elements.--The program established under paragraph (1) 
        shall, to the maximum extent practicable, include activities--
                    (A) to stimulate demand for--
                            (i) space-based commercial research, 
                        development, and manufacturing;
                            (ii) spaceflight products and services; and
                            (iii) human spaceflight products and 
                        services in low-Earth orbit;
                    (B) to improve the capability of the ISS to 
                accommodate commercial users; and
                    (C) subject to paragraph (3), to foster the 
                development of commercial space stations and habitats.
            (3) Commercial space stations and habitats.--
                    (A) Priority.--With respect to an activity to 
                develop a commercial space station or habitat, the 
                Administrator shall give priority to an activity for 
                which a private entity provides a significant share of 
                the cost to develop and operate the activity.
                    (B) Report.--Not later than 30 days after the date 
                that an award or agreement is made to carry out an 
                activity to develop a commercial space station or 
                habitat, the Administrator shall submit to the 
                appropriate committees of Congress a report on the 
                development of the commercial space station or habitat, 
                as applicable, that includes--
                            (i) a business plan that describes the 
                        manner in which the project will--
                                    (I) meet the future requirements of 
                                NASA for low-Earth orbit human space-
                                flight services; and
                                    (II) fulfill the cost-share funding 
                                prioritization under subparagraph (A); 
                                and
                            (ii) a review of the viability of the 
                        operational business case, including--
                                    (I) the level of expected 
                                Government participation; and
                                    (II) a list of anticipated 
                                nongovernmental an international 
                                customers and associated contributions.

SEC. 211. MAINTAINING A NATIONAL LABORATORY IN SPACE.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) the United States segment of the International Space 
        Station (as defined in section 70905 of title 51, United States 
        Code), which is designated as a national laboratory under 
        section 70905(b) of title 51, United States Code--
                    (A) benefits the scientific community and promotes 
                commerce in space;
                    (B) fosters stronger relationships among NASA and 
                other Federal agencies, the private sector, and 
                research groups and universities;
                    (C) advances science, technology, engineering, and 
                mathematics education through use of the unique 
                microgravity environment; and
                    (D) advances human knowledge and international 
                cooperation;
            (2) after the ISS is decommissioned, the United States 
        should maintain a national microgravity laboratory in space;
            (3) in maintaining a national microgravity laboratory in 
        space, the United States should make appropriate accommodations 
        for different types of ownership and operation arrangements for 
        the ISS and future space stations;
            (4) to the maximum extent practicable, a national 
        microgravity laboratory in space should be maintained in 
        cooperation with international space partners; and
            (5) NASA should continue to support fundamental science 
        research on future platforms in low-Earth orbit and cislunar 
        space, orbital and suborbital flights, drop towers, and other 
        microgravity testing environments.
    (b) Report.--The Administrator, in coordination with the National 
Space Council and other Federal agencies as the Administrator considers 
appropriate, shall issue a report detailing the feasibility of 
establishing a microgravity national laboratory federally funded 
research and development center to carry out activities relating to the 
study and use of in-space conditions.

SEC. 212. INTERNATIONAL SPACE STATION NATIONAL LABORATORY; PROPERTY 
              RIGHTS IN INVENTIONS.

    (a) In General.--Subchapter III of chapter 201 of title 51, United 
States Code, is amended by adding at the end the following:
``Sec. 20150. Property rights in designated inventions
    ``(a) Exclusive Property Rights.--Notwithstanding section 3710a of 
title 15, chapter 18 of title 35, section 20135, or any other provision 
of law, a designated invention shall be the exclusive property of a 
user, and shall not be subject to a Government-purpose license, if--
            ``(1)(A) the Administration is reimbursed under the terms 
        of the contract for the full cost of a contribution by the 
        Federal Government of the use of Federal facilities, equipment, 
        materials, proprietary information of the Federal Government, 
        or services of a Federal employee during working hours, 
        including the cost for the Administration to carry out its 
        responsibilities under paragraphs (1) and (4) of section 504(d) 
        of the National Aeronautics and Space Administration 
        Authorization Act of 2010 (42 U.S.C. 18354(d));
            ``(B) Federal funds are not transferred to the user under 
        the contract; and
            ``(C) the designated invention was made (as defined in 
        section 20135(a))--
                    ``(i) solely by the user; or
                    ``(ii)(I) by the user with the services of a 
                Federal employee under the terms of the contract; and
                    ``(II) the Administration is reimbursed for such 
                services under subparagraph (B); or
            ``(2) the Administrator determines that the relevant field 
        of commercial endeavor is sufficiently immature that granting 
        exclusive property rights to the user is necessary to help 
        bolster demand for products and services produced on crewed or 
        crew-tended space stations.
    ``(b) Notification to Congress.--On completion of a determination 
made under paragraph (2), the Administrator shall submit to the 
appropriate committees of Congress a notification of the determination 
that includes a written justification.
    ``(c) Public Availability.--A determination or part of such 
determination under paragraph (1) shall be made available to the public 
on request, as required under section 552 of title 5, United States 
Code (commonly referred to as the `Freedom of Information Act').
    ``(d) Rule of Construction.--Nothing in this section may be 
construed to affect the rights of the Federal Government, including 
property rights in inventions, under any contract, except in the case 
of a written contract with the Administration or the ISS management 
entity for the performance of a designated activity.
    ``(e) Definitions.--In this section--
            ``(1) Contract.--The term `contract' has the meaning giving 
        the term in section 20135(a).
            ``(2) Designated activity.--The term `designated activity' 
        means any non-NASA scientific use of the ISS national 
        laboratory as described in section 504 of the National 
        Aeronautics and Space Administration Authorization Act of 2010 
        (42 U.S.C. 18354).
            ``(3) Designated invention.--The term `designated 
        invention' means any invention, product, or service conceived 
        or first reduced to practice by any person in the performance 
        of a designated activity under a written contract with the 
        Administration or the ISS management entity.
            ``(4) Full cost.--The term `full cost' means the cost of 
        transporting materials or passengers to and from the ISS, 
        including any power needs, the disposal of mass, crew member 
        time, stowage, power on the ISS, data downlink, crew 
        consumables, and life support.
            ``(5) Government-purpose license.--The term `Government-
        purpose license' means the reservation by the Federal 
        Government of an irrevocable, nonexclusive, nontransferable, 
        royalty-free license for the use of an invention throughout the 
        world by or on behalf of the United States or any foreign 
        government pursuant to a treaty or agreement with the United 
        States.
            ``(6) ISS management entity.--The term `ISS management 
        entity' means the organization with which the Administrator 
        enters into a cooperative agreement under section 504(a) of the 
        National Aeronautics and Space Administration Authorization Act 
        of 2010 (42 U.S.C. 18354(a)).
            ``(7) User.--The term `user' means a person, including a 
        nonprofit organization or small business firm (as such terms 
        are defined in section 201 of title 35), or class of persons 
        that enters into a written contract with the Administration or 
        the ISS management entity for the performance of designated 
        activities.''.
    (b) Conforming Amendment.--The table of sections for chapter 201 of 
title 51, United States Code, is amended by inserting after the item 
relating to section 20149 the following:

``20150. Property rights in designated inventions.''.

SEC. 213. DATA FIRST PRODUCED DURING NON-NASA SCIENTIFIC USE OF THE ISS 
              NATIONAL LABORATORY.

    (a) Data Rights.--Subchapter III of chapter 201 of title 51, United 
States Code, as amended by section 212, is further amended by adding at 
the end the following:
``Sec. 20151. Data rights
    ``(a) Non-NASA Scientific Use of the ISS National Laboratory.--The 
Federal Government may not use or reproduce, or disclose outside of the 
Government, any data first produced in the performance of a designated 
activity under a written contract with the Administration or the ISS 
management entity, unless--
            ``(1) otherwise agreed under the terms of the contract with 
        the Administration or the ISS management entity, as applicable;
            ``(2) the designated activity is carried out with Federal 
        funds;
            ``(3) disclosure is required by law;
            ``(4) the Federal Government has rights in the data under 
        another Federal contract, grant, cooperative agreement, or 
        other transaction; or
            ``(5) the data is--
                    ``(A) otherwise lawfully acquired or independently 
                developed by the Federal Government;
                    ``(B) related to the health and safety of personnel 
                on the ISS; or
                    ``(C) essential to the performance of work by the 
                ISS management entity or NASA personnel.
    ``(b) Definitions.--In this section:
            ``(1) Contract.--The term `contract' has the meaning given 
        the term under section 20135(a).
            ``(2) Data.--
                    ``(A) In general.--The term `data' means recorded 
                information, regardless of form or the media on which 
                it may be recorded.
                    ``(B) Inclusions.--The term `data' includes 
                technical data and computer software.
                    ``(C) Exclusions.--The term `data' does not include 
                information incidental to contract administration, such 
                as financial, administrative, cost or pricing, or 
                management information.
            ``(3) Designated activity.--The term `designated activity' 
        has the meaning given the term in section 20150.
            ``(4) ISS management entity.--The term `ISS management 
        entity' has the meaning given the term in section 20150.''.
    (b) Special Handling of Trade Secrets or Confidential 
Information.--Section 20131(b)(2) of title 51, United States Code, is 
amended to read as follows:
            ``(2) Information described.--
                    ``(A) Activities under agreement.--Information 
                referred to in paragraph (1) is information that--
                            ``(i) results from activities conducted 
                        under an agreement entered into under 
                        subsections (e) and (f) of section 20113; and
                            ``(ii) would be a trade secret or 
                        commercial or financial information that is 
                        privileged or confidential within the meaning 
                        of section 552(b)(4) of title 5 if the 
                        information had been obtained from a non-
                        Federal party participating in such an 
                        agreement.
                    ``(B) Certain data.--Information referred to in 
                paragraph (1) includes data (as defined in section 
                20151) that--
                            ``(i) was first produced by the 
                        Administration in the performance of any 
                        designated activity (as defined in section 
                        20150); and
                            ``(ii) would be a trade secret or 
                        commercial or financial information that is 
                        privileged or confidential within the meaning 
                        of section 552(b)(4) of title 5 if the data had 
                        been obtained from a non-Federal party.''.
    (c) Conforming Amendment.--The table of sections for chapter 201 of 
title 51, United States Code, as amended by section 212, is further 
amended by inserting after the item relating to section 20150 the 
following:

``20151. Data rights.''.

SEC. 214. STEPPINGSTONE APPROACH TO EXPLORATION.

    (a) In General.--Section 70504 of title 51, United States Code, is 
amended to read as follows:
``Sec. 70504. Steppingstone approach to exploration
    ``(a) In General.--The Administrator, in sustainable steps, may 
conduct missions to intermediate destinations, such as the Moon, in 
accordance with section 20302(b), and on a timetable determined by the 
availability of funding, in order to achieve the objective of human 
exploration of Mars specified in section 202(b)(5) of the National 
Aeronautics and Space Administration Authorization Act of 2010 (42 
U.S.C. 18312(b)(5)), if the Administrator--
            ``(1) determines that each such mission demonstrates or 
        advances a technology or operational concept that will enable 
        human missions to Mars; and
            ``(2) incorporates each such mission into the human 
        exploration roadmap under section 432 of the National 
        Aeronautics and Space Administration Transition Authorization 
        Act of 2017 (Public Law 115-10; 51 U.S.C. 20302 note).
    ``(b) Cislunar Space Exploration Activities.--In conducting a 
mission under subsection (a), the Administrator shall--
            ``(1) use a combination of launches of the Space Launch 
        System and space transportation services from United States 
        commercial providers, as appropriate, for the mission;
            ``(2) plan for not fewer than 1 Space Launch System launch 
        annually beginning after the first successful crewed launch of 
        Orion on the Space Launch System; and
            ``(3) establish an outpost in orbit around the Moon that--
                    ``(A) demonstrates technologies, systems, and 
                operational concepts directly applicable to the space 
                vehicle that will be used to transport humans to Mars;
                    ``(B) has the capability for periodic human 
                habitation; and
                    ``(C) can function as a point of departure, return, 
                or staging for Administration or nongovernmental or 
                international partner missions to multiple locations on 
                the lunar surface or other destinations.
    ``(c) Cost-Effectiveness.--To maximize the cost-effectiveness of 
the long-term space exploration and utilization activities of the 
United States, the Administrator shall take all necessary steps, 
including engaging nongovernmental and international partners, to 
ensure that activities in the Administration's human space exploration 
program are balanced in order to help meet the requirements of future 
exploration and utilization activities leading to human habitation on 
the surface of Mars.
    ``(d) Completion.--Within budgetary considerations, once an 
exploration-related project enters its development phase, the 
Administrator shall seek, to the maximum extent practicable, to 
complete that project without undue delay.
    ``(e) International Participation.--To achieve the goal of 
successfully conducting a crewed mission to the surface of Mars, the 
Administrator shall invite the partners in the ISS program and other 
nations, as appropriate, to participate in an international initiative 
under the leadership of the United States.''.
    (b) Definition of Cislunar Space.--Section 10101 of title 51, 
United States Code, is amended by adding at the end the following:
            ``(3) Cislunar space.--The term `cislunar space' means the 
        region of space beyond low-Earth orbit out to and including the 
        region around the surface of the Moon.''.
    (c) Technical and Conforming Amendments.--Section 3 of the National 
Aeronautics and Space Administration Authorization Act of 2010 (42 
U.S.C. 18302) is amended by striking paragraphs (2) and (3) and 
inserting the following:
            ``(2) Appropriate committees of congress.--The term 
        `appropriate committees of Congress' means--
                    ``(A) the Committee on Commerce, Science, and 
                Transportation of the Senate; and
                    ``(B) the Committee on Science, Space, and 
                Technology of the House of Representatives.
            ``(3) Cislunar space.--The term `cislunar space' means the 
        region of space beyond low-Earth orbit out to and including the 
        region around the surface of the Moon.''.

SEC. 215. TECHNICAL AMENDMENTS RELATING TO ARTEMIS MISSIONS.

    (a) Section 421 of the National Aeronautics and Space 
Administration Authorization Act of 2017 (Public Law 115-10; 51 U.S.C. 
20301 note) is amended--
            (1) in subsection (c)(3)--
                    (A) by striking ``EM-1'' and inserting ``Artemis 
                I'';
                    (B) by striking ``EM-2'' and inserting ``Artemis 
                II''; and
                    (C) by striking ``EM-3'' and inserting ``Artemis 
                III''; and
            (2) in subsection (f)(3), by striking ``EM-3'' and 
        inserting ``Artemis III''.
    (b) Section 432(b) of the National Aeronautics and Space 
Administration Authorization Act of 2017 (Public Law 115-10; 51 U.S.C. 
20302 note) is amended--
            (1) in paragraph (3)(D)--
                    (A) by striking ``EM-1'' and inserting ``Artemis 
                I''; and
                    (B) by striking ``EM-2'' and inserting ``Artemis 
                II''; and
            (2) in paragraph (4)(C), by striking ``EM-3'' and inserting 
        ``Artemis III''.

                   TITLE III--SAFETY AND TRANSPARENCY

SEC. 301. CREW TRANSPORTATION SAFETY.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) ensuring the safety of American astronauts is the top 
        priority of NASA's human spaceflight program;
            (2) in efforts to meet deadlines to return humans to the 
        Moon, NASA should take all steps necessary to mitigate any and 
        all risk to crew; and
            (3) it is the role of Congress to exercise prudence in the 
        use of taxpayer dollars and ensure transparency to the taxpayer 
        to the greatest extent possible.
    (b) In General.--To ensure that NASA's human exploration systems 
comply with the direction in this Act to have a shared safety standard 
that is consistent across all elements of the architecture, the 
Administrator shall--
            (1) implement a program to ensure that best practices, 
        lessons learned and other information is shared across all 
        elements of the human exploration program, including public-
        private partnerships and commercial service procurement;
            (2) require that any entity receiving funding for the 
        development or operation of a human spaceflight element or 
        activity make all necessary information available to NASA and 
        the appropriate government oversight entities, including the 
        NASA Advisory Committee and its subcommittees, the Aerospace 
        Safety Advisory Committee and the relevant committees of 
        Congress; and
            (3) produce a public report twice a year detailing progress 
        towards meeting or sustaining the shared safety standards and 
        identifying areas, programs, or services where these standards 
        have not been met or maintained, and the associated corrective 
        action to address these issues.
    (c) Report.--Within 120 days of enactment, the Administrator shall 
provide a report to the Committees on the implementation of this 
direction and how it plans to ensure these comparable safety standards 
are met throughout the development, test and operation of such systems.
    (d) Congressional Notice.--
            (1) Should any element of human exploration system 
        architecture, whether owned and operated by NASA, developed and 
        operated as a public-private partnership or procured as a 
        commercial service, fails to meet the common safety standards 
        established, Congress shall be notified and receive a report on 
        corrective actions and options available to improve safety and 
        resiliency of such system(s) within 30 days.

                    TITLE IV--U.S. NATIONAL SECURITY

SEC. 401. CYBERSECURITY.

    (a) In General.--Section 20301 of title 51, United States Code, is 
amended by adding at the end the following:
    ``(c) Cybersecurity.--The Administrator shall update and improve 
the cybersecurity of NASA space assets and supporting 
infrastructure.''.
    (b) Security Operations Center.--
            (1) Establishment.--The Administrator shall maintain a 
        Security Operations Center, to identify and respond to 
        cybersecurity threats to NASA information technology systems, 
        including institutional systems and mission systems.
            (2) Inspector general recommendations.--The Administrator 
        shall implement, to the maximum extent practicable, each of the 
        recommendations contained in the report of the Inspector 
        General of NASA entitled ``Audit of NASA's Security Operations 
        Center'', issued on May 23, 2018.
    (c) Cyber Threat Hunt.--
            (1) In general.--The Administrator, in coordination with 
        the Secretary of Homeland Security and the heads of other 
        relevant Federal agencies, may implement a cyber threat hunt 
        capability to proactively search NASA information systems for 
        advanced cyber threats that otherwise evade existing security 
        tools.
            (2) Threat-hunting process.--In carrying out paragraph (1), 
        the Administrator shall develop and document a threat-hunting 
        process, including the roles and responsibilities of 
        individuals conducting a cyber threat hunt.
    (d) GAO Priority Recommendations.--The Administrator shall 
implement, to the maximum extent practicable, the recommendations for 
NASA contained in the report of the Comptroller General of the United 
States entitled ``Information Security: Agencies Need to Improve 
Controls over Selected High-Impact Systems'', issued May 18, 2016, 
including--
            (1) re-evaluating security control assessments; and
            (2) specifying metrics for the continuous monitoring 
        strategy of the Administration.

SEC. 402. EXEMPTION FROM THE IRAN, NORTH KOREA, AND SYRIA 
              NONPROLIFERATION ACT.

    Section 7(1) of the Iran, North Korea, and Syria Nonproliferation 
Act (Public Law 106-178; 50 U.S.C. 1701 note) is amended, in the 
undesignated matter following subparagraph (B), by striking ``December 
31, 2020'' and inserting ``December 31, 2030''.

SEC. 403. LIMITATION ON COOPERATION WITH THE PEOPLE'S REPUBLIC OF 
              CHINA.

    (a) In General.--Except as provided by subsection (b), the 
Administrator, the Director of the Office of Science and Technology 
Policy, and the Chair of the National Space Council, shall not--
            (1) develop, design, plan, promulgate, implement, or 
        execute a bilateral policy, program, order, or contract of any 
        kind to participate, collaborate, or coordinate bilaterally in 
        any manner with--
                    (A) the Government of the People's Republic of 
                China; or
                    (B) any company--
                            (i) owned by the Government of the People's 
                        Republic of China; or
                            (ii) incorporated under the laws of the 
                        People's Republic of China; and
            (2) host official visitors from the People's Republic of 
        China at a facility belonging to or used by NASA.
    (b) Waiver.--
            (1) In general.--The Administrator, the Director, or the 
        Chair may waive the limitation under subsection (a) with 
        respect to an activity described in that subsection only if the 
        Administrator, the Director, or the Chair, as applicable, makes 
        a determination that the activity--
                    (A) does not pose a risk of a transfer of 
                technology, data, or other information with national 
                security or economic security implications to an entity 
                described in paragraph (1) of such subsection; and
                    (B) does not involve knowing interactions with 
                officials who have been determined by the United States 
                to have direct involvement with violations of human 
                rights.
            (2) Certification to congress.--Not later than 30 days 
        after the date on which a waiver is granted under paragraph 
        (1), the Administrator, the Director, or the Chair, as 
        applicable, shall submit to the Committee on Commerce, Science, 
        and Transportation and the Committee on Appropriations of the 
        Senate and the Committee on Science, Space, and Technology and 
        the Committee on Appropriations of the House of Representatives 
        a written certification that the activity complies with the 
        requirements in subparagraphs (A) and (B) of that paragraph.

SEC. 404. COUNTERING CHINESE THREATS TO U.S. ACTIVITIES IN SPACE.

    (a) Findings.--
            (1) The Government of the People's Republic of China 
        maintains, as a national priority, a global program of theft 
        and other misappropriation of intellectual property, and 
        unacceptable technology transfer requirements, particularly in 
        fields of high technology.
            (2) China is taking steps to establish a commanding 
        position in the commercial launch and satellite sectors relying 
        in part on aggressive state-backed financing that market-driven 
        companies cannot match.
            (3) China has engaged in an aggressive campaign to dominate 
        sensitive markets such as germanium wafer production, used for 
        nearly all specialized satellite solar panels, allowing China 
        ownership of over 70 percent of global germanium mining, 
        refining, and production.
            (4) China has begun focusing on the lunar surface and 
        cislunar space as priorities in its space program, which is 
        indistinguishable from its armed forces.
    (b) Report.--Not later than 90 days after the date of enactment, 
the Executive Secretary of the National Space Council shall submit to 
the appropriate committees of Congress a report that includes:
            (1) How China is harming the U.S. commercial space 
        industry's competitiveness and threatening U.S. national 
        security. Specifically, the Executive Secretary shall 
        investigate--
                    (A) theft of intellectual property through 
                technology transfer requirements or otherwise;
                    (B) Chinese efforts to seize control over critical 
                elements of the space industry supply chain;
                    (C) Chinese efforts to seize control over space 
                industry companies, sister companies with shared 
                leadership, or supply chain; and
                    (D) U.S. cybersecurity weaknesses.
            (2) Current steps the United States is taking to protect 
        its domestic space industry from Chinese influence.
            (3) Recommendations to Congress on legislative action 
        necessary to address Chinese threats to the U.S. domestic 
        commercial launch and satellite industries and improve U.S. 
        efforts to counter threats to U.S. activities in space.
            (4) Recommendations on how the U.S. Government can best 
        utilize existing Federal entities to investigate and act 
        against potentially harmful Chinese investment into the U.S. 
        commercial space industry, and how the U.S. Government can 
        bolster domestic investment in critical U.S. space industry 
        technologies.

SEC. 405. CONSIDERATION OF ISSUES RELATED TO CONTRACTING WITH ENTITIES 
              RECEIVING ASSISTANCE FROM OR AFFILIATED WITH THE PEOPLE'S 
              REPUBLIC OF CHINA.

    In considering any response to a request for a proposal, request 
for information, broad area announcement, or any other form of request 
or solicitation, and in considering or undertaking any negotiation or 
conclusion of any contract, agreement, or other transaction with any 
commercial or non-commercial entity, the Administrator shall, in 
consultation with appropriate Federal departments and agencies, take 
into account the implications of any benefit received by such 
commercial or non-commercial entity (or any other commercial or non-
commercial entity related through ownership, control, or other 
affiliation to such entity) as a result of a significant loan or other 
financial assistance provided by--
            (1) any governmental organization of the People's Republic 
        of China; or
            (2) any other entity that is--
                    (A) majority owned or controlled by, or otherwise 
                affiliated with, any governmental organization of the 
                People's Republic of China; or
                    (B) organized under, or otherwise subject to, the 
                laws of the People's Republic of China.
                                 <all>