Sec. 215. Payments received for commercial space-enabled production on the ISS
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It is the sense of Congress that— the Administrator should determine a threshold for NASA to recover the costs of supporting the commercial development of products or services aboard the ISS, through the negotiation of agreements, similar to agreements made by other Federal agencies that support private sector innovation; and the amount of such costs that to be recovered or profits collected through such agreements should be applied by the Administrator through a tiered process, taking into consideration the relative maturity and profitability of the applicable product or service.
Subchapter III of chapter 201 of title 51, United States Code, as amended by section 214, is further amended by adding at the end the following: Not later than one year after the date of the enactment of this section, and annually thereafter, the Administrator shall review the profitability of any partnership with a private entity under a contract in which the Administrator— permits the use of the ISS by such private entities to produce a commercial product or service; and provides the total unreimbursed cost of a contribution by the Federal Government for 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) ). Subject to the review described in paragraph (1), the Administrator shall seek to enter into an agreement to negotiate reimbursements for payments received, or portions of profits created, by any mature, profitable private entity described in that paragraph, as appropriate, through a tiered process that reflects the profitability of the relevant product or service. Amounts received by the Administrator in accordance with an agreement under paragraph
(2)shall be used by the Administrator in the following order of priority: To defray the operating cost of the ISS. To develop, implement, or operate future low-Earth orbit platforms or capabilities. To develop, implement, or operate future human deep space platforms or capabilities. Any other costs the Administrator considers appropriate. On completion of the first annual review under paragraph (1), and annually thereafter, the Administrator shall submit to the appropriate committees of Congress a report that includes a description of the results of the annual review, any agreement entered into under this section, and the amounts recouped or obtained under any such agreement. Notwithstanding sections 3710a and 3710c of title 15 and any other provision of law, after payment in accordance with subsection (A)(i) of such section 3710c(a)(1)(A)(i) to the inventors who have directly assigned to the Federal Government their interests in an invention under a written contract with the Administration or the ISS management entity for the performance of a designated activity, the balance of any royalty or other payment received by the Administrator or the ISS management entity from licensing and assignment of such invention shall be paid by the Administrator or the ISS management entity, as applicable, to the Space Exploration Fund. There is established in the Treasury of the United States a fund, to be known as the Space Exploration Fund (referred to in this subsection as the Fund ), to be administered by the Administrator. The Fund shall be available to carry out activities described in subsection (a)(3). There shall be deposited in the Fund— amounts appropriated to the Fund; fees and royalties collected by the Administrator or the ISS management entity under subsections
(a)and (b); and donations or contributions designated to support authorized activities. Amounts available to the Administrator under this subsection shall be— in addition to amounts otherwise made available for the purpose described in paragraph (2); and available for a period of 5 years, to the extent and in the amounts provided in annual appropriation Acts. In this section, any term used in this section that is also used in section 20150 shall have the meaning given the term in that section. The term appropriate committees of Congress means— 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. . The table of sections for chapter 201 of title 51, United States Code, as amended by section and 214, is further amended by inserting after the item relating to section 20151 the following: 20152. Payments received for commercial space-enabled production. .
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Sec. 215
Payments received for commercial space-enabled production on the ISS
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