Sec. 216. Crew transportation to and from the ISS
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The objective of NASA’s Commercial Crew Program shall be to assist the development of at least one crew transportation system to carry NASA astronauts safely, reliably, and affordably to and from the ISS and to serve as an emergency crew rescue vehicle as soon as practicable within the funding levels authorized in this Act. It is the sense of Congress that once developed and certified to meet NASA’s safety and reliability requirements, United States commercially provided crew transportation systems offer the potential of serving as the primary means of transporting American astronauts and international partner astronauts to and from the ISS and serving as ISS emergency crew rescue vehicles.
At the same time, the budgetary assumptions used by NASA in its planning for the Commercial Crew Program have consistently assumed significantly higher funding levels than have historically been authorized and appropriated by Congress. It is the sense of Congress that credibility in the Administration’s budgetary estimates for the Commercial Crew Program can be enhanced by an independently developed cost estimate. It is further the sense of Congress that this lack of budgetary realism in the planning process creates unnecessary inefficiencies and increased programmatic risk, and NASA should thus adjust its planning process to realistically reflect the levels of funding authorized in this Act.
NASA’s plans indicate that it will not be able to begin contracted-for crew transportation resupply operational flights until fiscal year 2018 even under its optimistic funding assumptions, which means that NASA is not likely to have a requirement for more than a total of 8 commercially provided crew rotation flights prior to the expiration of the current Congressional commitment to continued operation of the ISS in 2020. Thus, it is also the sense of Congress that the highest priority of the Commercial Crew Program should be assisting the development of a safe, reliable, and affordable crew transportation system for transporting NASA astronauts to and from the ISS as soon as practicable within the funding levels authorized in this Act rather than making a specific date for the initiation of operational service drive the program planning.
Not later than 30 days after the Federal Acquisition Regulation-based contract described in subsection (d)(2) is awarded, the Administrator shall arrange for the initiation of an Independent Cost Estimate for— all activities associated with the development, test, demonstration, and certification of commercial crew transportation systems; and transportation and rescue services required by NASA for ISS operations through calendar year 2020 or later if NASA requirements so dictate.
Not later than one year after initiation of the Independent Cost Estimate under paragraph (1), the Administrator shall transmit the results of the Independent Cost Estimate to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. The Administrator shall not exercise any optional milestones beyond the base period of the Space Act Agreements established under the Commercial Crew Integrated Capability initiative.
To cover all development, test, demonstration, and certification activities not included in the base period of the Commercial Crew Integrated Capability Space Act Agreements, the Administrator shall conduct a Federal Acquisition Regulation-based competitive source selection for a cost plus incentive fee contract for all activities related to the development, test, demonstration, and certification of one or more commercially provided crew transportation systems to transport NASA astronauts to and from the ISS and serve as an emergency crew rescue vehicle as soon as practicable under the authorized funding and while ensuring that all safety requirements are met.
The number of systems selected shall be consistent with the funding levels authorized in this Act. The Administrator shall identify a methodology by which NASA will ensure that the Government is not charged for contractor costs incurred during development, testing, demonstration, and certification activities by an awardee of the Federal Acquisition Regulation-based contract for operational commercial crew transportation services. The Administrator shall strive through the competitive selection process to minimize the life cycle cost to NASA through the planned period of commercially provided crew transportation services.
Consistent with the findings and recommendations of the Columbia Accident Investigation Board, the Administrator shall seek to ensure that minimization of the probability of loss of crew shall be an important selection criterion in the competitive selection described in subsection (d). NASA, prior to contracting for commercial crew transportation services, shall identify the manner by which it will establish whether such transportation services provide an equally or more cost-effective alternative to current services.
The Administrator may not enter into a contract for commercially provided crew transportation services developed and certified as described in subsection
(b)in which the price per seat or total amount charged per year shall be greater than the amount charged per seat or on an annual basis for Soyuz crew transfer services agreed to on April 22, 2013. Not later than 60 days before entering into a contract for commercial crew transportation services, the Administrator shall provide 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 identifying the methodology and criteria by which the Administrator determined that the price per seat or total annual amount charged per year of procured commercial transportation services is not greater than the amount charged per seat for Soyuz crew transfer services agreed to on April 22, 2013. The Administrator shall also certify, using the methodology identified pursuant to subsection (d)(2), that the service transportation costs contracted for do not include contractor costs incurred during development, testing, demonstration, and certification activities. If the Administrator determines that NASA is unable to enter into a contract under the terms specified in paragraph (1), the Administrator shall report that determination to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, and shall also report what alternative contract arrangement the Administrator will seek to enter into at least 60 days before entering into such an alternative contract.