Sec. 204. Human presence in low-Earth orbit
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It is the sense of Congress that— the United States should maintain a continuous human presence in low-Earth orbit; and activities related to the transport of cargo and crew, development operations, and on-orbit habitats necessary for the purpose of housing Government astronauts and science experiments, should, to the maximum extent practicable, be the purview of the commercial sector. NASA shall formulate a plan for the remaining life of the International Space Station and continued human presence in low-Earth orbit, which shall be included in the first 10-year plan required under section 202(e)(1) and any subsequent 10-year plans as necessary.
The plan required under this paragraph shall— describe how NASA intends to maximize the scientific utilization of the International Space Station; include specific objectives, such as astronaut missions and science experiments, to be carried out during the remaining life of the International Space Station; explore options for turning over the International Space Station to commercial operators; identify a transition strategy for the end of the United States commitment to the International Space Station; be coordinated in conjunction with all countries partner to the International Space Station; explore options for NASA’s continued involvement in the International Space Station in the event it is turned over to commercial operators; and seek to ensure a return on investment to United States taxpayers.
It is the sense of Congress that the International Space Station should be fully funded in accordance with the President’s annual budget request for the remainder of its needed life. NASA shall implement a transition strategy for continued human presence in low-Earth orbit identified in the plan pursuant to paragraph (1)(D) as soon as NASA determines that commercial habitats meet the requirements published pursuant to subsection (c)(1) and a demonstration has been successfully completed pursuant to subsection (c)(2).
Not later than 1 year after the date of enactment of this Act, NASA shall, in coordination with the Commercial Space Transportation Advisory Committee, develop and publish the requirements it considers necessary for commercial contractors to provide on-orbit habitats to meet the human exploration and science missions of NASA, including housing Government astronauts and conducting scientific experiments. Not later than December 31, 2018, NASA shall establish a Commercial Habitat Pilot Program to demonstrate the viability of using commercially built on-orbit habitats that meet the requirements published pursuant to paragraph (1).
Under the Pilot Program, NASA shall enter into not less than 1 competitively bid agreement with a private sector entity to demonstrate the viability and capabilities of crewed commercial low Earth orbit platforms. Any such an agreement shall include a commitment by the commercial partner to fund the development and construction of the private sector low-Earth orbit platform. If the private sector entity is successful in funding the fabrication of such a platform, the agreement with NASA shall— provide for the launch of the platform via the addition of a launch to the Commercial Resupply Services program; and include a contingent contract for NASA to utilize no less than 50 percent of the volume of the low-Earth orbit platform for an initial 3-year term.
NASA shall continue to utilize partnerships with commercial entities for resupply and crew movement for as long as the United States maintains a human presence in low-Earth orbit. It is the sense of Congress that NASA should request budget levels, and Congress should continue to appropriate funds and carry out stringent oversight, necessary to keep the Commercial Crew and Commercial Resupply programs on track and on budget. For any mission for which NASA solicits bids for launch providers beginning after December 31, 2022, NASA shall consider any such bid that proposes to use an engine built in the United States as 25 percent less than the total cost of the bid.
For purposes of this subsection, the term engine built in the United States means an engine which meets the requirements of the Buy American Act ( 41 U.S.C. 8301 et seq. ). Nothing in this section shall be construed to limit NASA’s ability to enter into and utilize international partnerships for space exploration beyond low-Earth orbit. NASA shall, when practicable and not restricted by law, continue to enter into and utilize Space Act Agreements or other mechanisms for partnering with the commercial space sector.
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Sec. 204
Human presence in low-Earth orbit
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