Sec. 202. National Aeronautics and Space Administration
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It is the sense of Congress that— lack of consistency in leadership along with budget uncertainty in out-years makes it extremely difficult for NASA to have a clear purpose or mission; and NASA should undergo reorganization, altering its mission with a clearer focus, ridding itself of extraneous responsibilities handled elsewhere within the Federal Government or private industry, and standardizing activities across the whole of NASA. The purpose of this title is to provide NASA with clearer congressional intent, budget clarity, and stability in leadership.
Title 51, United States Code, is amended— in section 20102— in subsection (d)— by striking paragraphs (4), (5), and (9); by redesignating paragraphs (6), (7), and
(8)as paragraphs (4), (5), and (6), respectively; and by amending paragraphs
(1)through
(3)to read as follows: The expansion of the human sphere of influence throughout the Solar System. To be among those who first arrive at a destination in space and to open it for subsequent use and development by others. To create and prepare infrastructure precursors in support of the future use and development of space by others. ; by amending subsection
(e)to read as follows: Congress declares that the general welfare of the United States requires that the unique competence in scientific and engineering systems of the Administration also be directed toward the pioneering of space. The objectives of such pioneering shall be to increase access to destinations in space, explore the possible options for development at these destinations, demonstrate the engineering feasibility of such development, and transition those activities to Federal agencies outside of the Administration or persons or entities outside of the Federal Government. ; by striking subsection
(f)and redesignating subsections
(g)and
(h)as subsections
(f)and (g), respectively; and in subsection
(g)(as so redesignated), by striking
(g)and inserting
(f); in section 20103— by amending paragraph
(1)to read as follows: The term aeronautical and space activities means— research into, and the solution of, problems of flight— within the Earth’s atmosphere; to or from space through the Earth’s atmosphere; and beyond the Earth’s atmosphere; the development, construction, testing, and operation for pioneering purposes of aeronautical and space vehicles; and such other activities as may be required for the pioneering of space. ; and by adding at the end the following: The term space means the domain beyond the Earth's atmosphere. ; and in section 20112— by striking subsection (b); by striking
(a); and Planning, Directing, and Conducting Aeronautical and Space Activities. — in paragraph (2), by striking the scientific community in planning scientific measurements and inserting future utilizers of space destinations, including commercial entities, the scientific community, and academia, in planning for measurements . Not later than 90 days after the date of enactment of this Act, the Administrator shall enter into an agreement with an independent entity outside of NASA to prepare a report that— identifies activities and assets of NASA that are consistent with the Pioneering Doctrine described in section 20102(e), United States Code, that should be consolidated or downsized; and identifies activities and assets of NASA that are inconsistent with such Pioneering Doctrine and identifies which such activities or assets should be— transferred to other Federal agencies; privatized or otherwise transferred to commercial entities; or otherwise eliminated. Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to Congress the report described in subparagraph (A). It is the sense of Congress that, not later than 30 days after submitting the report described in subparagraph (A), the Administrator should implement any recommendations of the report that the Administrator is permitted by law to implement. It is the sense of Congress that, not later than 90 days after receiving the report described in subparagraph (A), Congress should consider legislation that is necessary to implement all appropriate recommendations of such report. Section 20111 of title 51, United States Code, is amended— in subsection (a)— by striking and inserting Administrator.— There is established Administrator.— There is established ; in paragraph
(1)(as designated by clause
(i)of this subparagraph)— by inserting , pursuant to paragraph (2), after who shall be appointed ; and by inserting The term of the Administrator shall be 5 years. after and activities thereof. ; and by adding at the end the following: The President shall appoint the Administrator pursuant to paragraph (1), from among the list of nominees provided by the vacating Administrator and the commission established in section 202(d)(2) of the American Space Renaissance Act. . There is established a standing commission to be known as the NASA Leadership and Advising Commission (in this paragraph referred to as the Commission ). The Commission shall— provide to the President recommendations for nominees to serve as Administrator of NASA each time there is a vacancy in the office, in accordance with section 20111(a) of title 51, United States Code; provide to Congress, NASA, the Office of Management and Budget, and the Office of Science and Technology Policy, an analysis of, and recommendations for changes to, each long-term plan submitted by the Administrator pursuant to subsection (e)(4); and provide to Congress an annual analysis of the President’s annual budget request for NASA. The Commission shall consist of 21 members, including a Chairperson. The members other than the Chairperson shall be appointed as follows: Four members shall be appointed by the President. Four members shall be appointed by the Speaker of the House of Representatives. Four members shall be appointed by the minority leader of the House of Representatives. Four members shall be appointed by the majority leader of the Senate. Four members shall be appointed by the minority leader of the Senate. If practicable and appropriate, the Chairperson of the Commission shall be a former Administrator or Deputy Administrator of NASA selected by the other members of the Commission. If the other members determine that it is not practicable or appropriate, the members shall appoint an appropriate alternative. Except as provided in clauses
(ii)and (iii), each member, including the Chairperson, shall be appointed for a term of 5 years that is renewable without limitation. Of the 4 initial members appointed by each of the officials listed in clauses
(i)through
(v)of subparagraph (C)— one shall be appointed for a term of 2 years; one shall be appointed for a term of 3 years; one shall be appointed for a term of 4 years; and one shall be appointed for a term of 5 years. Any member appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member’s term until a successor has taken office. A vacancy in the Commission shall be filled in the manner in which the original appointment was made. The members of the Commission shall include a variety of space and aerospace policy, engineering, technical, science, legal, and finance professionals. The Commission may, for the purpose of carrying out this paragraph, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. The Commission may secure directly from any employee or officer of NASA information necessary to enable the Commission to carry out this paragraph. Upon request of the Commission, and unless otherwise prohibited by law, such employee or officer shall furnish such information to the Commission. The Commission may issue subpoenas requiring the attendance and testimony of any witness and the production of any evidence relating to any matter which the Commission is empowered to investigate under this paragraph. Members of the Commission may not receive additional pay, allowances, or benefits by reason of their service on the Commission. Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. The first meeting of the Commission shall occur not later than 30 days after a quorum of members has been appointed. The Commission shall meet— not less than once per quarter; not less than 30 days after the date on which the Commission receives each long-term plan submitted to the Commission pursuant to subsection (e)(4); and at the call of the Chairperson. 11 members of the Commission shall constitute a quorum. To the extent provided for in advance in appropriations Acts, the Commission may appoint and fix the pay rate of a Director, a Press Secretary, and not more than 5 additional staff members, to support the duties of the Commission under this paragraph. The Administrator shall develop a 10-year plan and a 20-year plan in accordance with this subsection. The 20-year plan required under this subsection shall outline broad goals for NASA for the 20-year period beginning with the year in which the plan is developed. The 10-year plan required under this subsection shall provide specific objectives and budget profiles, based on the broad goals outlined in the 20-year plan, for the 10-year period beginning with the year in which the plan is developed. Not later than 1 year after the date of enactment of this Act, and every 5 years thereafter, the Administrator shall submit to Congress and to the NASA Leadership and Advising Commission the most recent 10-year plan and 20-year plan developed under this subsection. Beginning with the annual budget submission for fiscal year 2018 and for each fiscal year thereafter the Administrator shall submit a multi-year budget request for NASA. Notwithstanding any other provision of law, beginning in fiscal year 2018, any amounts made available for NASA shall be multi-year appropriations or no-year appropriations. In the House of Representatives, it shall not be in order to consider any provision of a general appropriations Act, or any amendment thereto or conference report thereon, providing appropriations for NASA unless the funds appropriated therein are multi-year or no-year appropriations. The point of order provided under the previous sentence may be waived if the Chairperson of the Committee on Science, Space, and Technology files a statement with the Speaker that the one-year funding is appropriate for that reason. There are authorized to be appropriated to NASA, to remain available for obligation until expended, for the purposes described in subparagraph (B)— for fiscal year 2017, $250,000,000; and for each fiscal year thereafter, such sums as are necessary so that the amount available to the Administrator for such fiscal year under this paragraph is a total of $250,000,000. The Administrator may use amounts appropriated under subparagraph
(A)to supplement spending for— NASA aeronautics and exploration programs, projects, or activities subject to development challenges; and NASA infrastructure repair, maintenance, and upgrades. The directorate head of any program of NASA, or the head of any program of another agency for which NASA is the acquisition or procurement agent, that exceeds program life cost projections by less than 30 percent but not less than 15 percent shall, for each such fiscal year— be available to testify not less than once before the Committee on Science, Space, and Technology of the House of Representatives and once before the Committee on Commerce, Science, and Transportation of the Senate, if requested to do so by such committees; and ensure that staff of such program are available to update the staff of such committees on the status of the program not less than once during each fiscal quarter. Any program of NASA that exceeds program life cost projections by not less than 30 percent shall be cancelled and the Administrator shall not expend any additional funds on the program, other than termination costs, unless Congress authorizes continuation of the program by law not later than 6 months after the end of the first fiscal year in which the program first began to exceed such cost projections by such percentage. Not later than 6 months after the date of enactment of this Act, the NASA Inspector General shall submit to the Committee on Science, Space, and Technology of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, the President, the NASA Leadership and Advising Commission, and the Administrator a report recommending a mechanism for the automatic removal of an Administrator who has failed to achieve certain goals, which shall take into account— the number of programs of NASA that exceed cost projections during the tenure of the Administrator; the number of programs of NASA experiencing significant delays with respect to targeted milestones, launches, or deployments during the tenure of the Administrator; and lack of adherence to, or failure to complete, benchmarks in the long-term plans developed by the Administrator pursuant to subsection (e). Not later than 60 days after receipt by the Administrator of the report required under subparagraph (A), NASA shall implement the mechanism outlined in the report. For purposes of this subsection, the term cost projection means, with respect to a program of NASA, the cost commitment of such program as outlined in the Program Memorandum officially documenting the outcome of Key Decision Point A, and for the purposes of this subsection subject to the concurrence of the Committee on Appropriations and the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Appropriations and the Committee on Commerce, Science, and Transportation of the Senate. NASA shall, whenever practicable and appropriate, transition technologies and capabilities to actors outside of NASA, including individuals, corporations, academic institutions, and nonprofit organizations, to the extent that doing so will not threaten national security. Such transfers shall be conducted in a transparent manner, and no such transfer shall infringe on intellectual property rights or other such clauses in NASA contracts. Section 20138 of title 51, United States Code, is amended by adding at the end the following: A provider that enters into a contract with NASA for a launch or reentry under the NASA Launch Services Program shall obtain liability insurance or demonstrate financial responsibility in amounts to compensate for the maximum probable loss from claims by— a third party for death, bodily injury, or property damage or loss resulting from an activity carried out during launch or reentry; and a Federal, State, or local government against a person for damage or loss to Federal, State, or local government property resulting from an activity carried out during launch or reentry. The Administrator shall determine the amounts required under subparagraph
(A)of this paragraph. For the total claims related to one launch or reentry, a provider is not required to obtain insurance or demonstrate financial responsibility of more than the lesser of— for a claim described in— subparagraph (A)(i), $500,000,000; or subparagraph (A)(ii), $100,000,000; or the maximum liability insurance available on the world market at reasonable cost. An insurance policy or demonstration of financial responsibility under this paragraph shall protect the following, to the extent of their potential liability for involvement in launch services or reentry services, at no cost to the Government: The Government and personnel, contractors, and subcontractors of the Government. Contractors, subcontractors, and customers of the provider. Contractors and subcontractors of the customer. Government astronauts. The Administrator shall determine the maximum probable losses under paragraph (1)(A)(i) and
(ii)of this subsection associated with an activity under a contract described in this subsection not later than 90 days after a provider requires a determination and submits all information the Administrator requires. The Administrator shall amend the determination as warranted by new information. Not later than November 15 of each 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 current determinations made under paragraph
(2)of this subsection related to all contracts described in this subsection and the reasons for the determinations. Not later than May 15 of each year, the Administrator shall review the amounts specified in paragraph (1)(C)(i) of this subsection and submit a report to Congress that contains proposed adjustments in the amounts to conform with changed liability expectations and availability of insurance on the world market. The proposed adjustment takes effect 30 days after a report is submitted. The Administrator shall collect a payment owed for damage or loss to Government property under NASA jurisdiction or control resulting from an activity carried out under a contract described in this subsection. The payment shall be credited to the current applicable appropriation, fund, or account of NASA. Any claim by a third party or space flight participant for death, bodily injury, or property damage or loss resulting from an activity carried out under a contract described in this subsection shall be the exclusive jurisdiction of the Federal courts. . The amendment made by paragraph
(1)shall take effect on October 1, 2019.