Space Ready 2.0 Act

This Act may be cited as the “Space Ready 2.0 Act”.

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) Common use infrastructure.— The term common use infrastructure—

(A) means any infrastructure that benefits 1 or more NASA Center users;

(B) includes roadways and commodities pipelines and portions of roadways and commodities pipelines; and

(C) does not include any infrastructure that solely benefits the National Aeronautics and Space Administration.

(4) NASA.— The term NASA means the National Aeronautics and Space Administration.

(5) Project.— The term project means any work performed in support of a common activity or infrastructure effort under 1 or more common use infrastructure agreements entered into pursuant to this Act, regardless of whether such work is conducted pursuant to a single agreement or multiple separate agreements with different commercial entities.

(a) Pilot program.— The Administrator may conduct a pilot program for private and public investment in specific infrastructure projects at 1 or more NASA Centers.

(b) Agreements in support of common use infrastructure projects.—

(1) Funding.—

(A) Voluntary infrastructure contributions.— The Administrator may enter into agreements under section 20113(e) of title 51, United States Code, involving transactions that support public and commercial activities at 1 or more NASA Centers, and such agreements may include the authority to collect voluntary infrastructure contributions to fund specific capital repair, maintenance, and improvement projects described in paragraph (2).

(B) Transparency.—

(i) Cost and schedule estimates.— In any agreement that includes the means for voluntary contributions described in this section, the Administrator shall establish a reasonable cost and schedule baseline for each project.

(ii) Project completion.— At the conclusion of each designated project, the Administrator shall provide each contributing commercial entity with a final project cost, including a breakdown of cost sharing between government and commercial entities.

(C) Project costs and timelines.— The Administrator shall—

(i) to the maximum extent practicable, ensure that the projects described in this section are completed within the cost estimates and timelines established under subparagraph (B)(i); and

(ii) exercise streamlined acquisition procedures to the maximum extent allowed by law.

(D) Cost-sharing.— The Administrator shall ensure that any agreement entered into with a commercial entity under subparagraph (A) provides that, at the conclusion of the project, any funds contributed by the commercial entity that remain unexpended shall be returned to such entity in proportion to the amount originally contributed by the partner.

(E) Nonconditioning of agreements.— The Administrator shall not withhold execution of any agreement under section 20113(e) of title 51, United States Code, or deny a lease or other authorization for commercial activities on the basis of a failure to reach agreement on the amount or terms of contributions described in this section.

(F) Requirements with respect to agreements.— Each agreement entered into with a commercial entity under subparagraph (A) shall, on a case-by-case basis—

(i) address the terms of use, ownership, and disposition of the funds, services, or equipment contributed pursuant to the agreement;

(ii) include a provision that the commercial entity will not recover the costs of its contribution through any other agreement with the United States; and

(iii) include a provision that mutually determines which entity covers costs in the event of cost overruns or project delays.

(G) Construction and Environmental Compliance and Restoration (CECR) funds.—

(i) In general.— Subject to the availability of appropriations, the Administrator is authorized to use amounts otherwise made available within the Construction and Environmental Compliance and Restoration account to fulfill the obligations entered into by the Administrator under agreements pursuant to this section.

(ii) Receipt of funds.— Amounts received by the Administrator pursuant to agreements entered into under subparagraph (A) shall be credited to and merged with the Construction and Environmental Compliance and Restoration account and shall be available subject to the same terms and conditions as amounts appropriated to that account.

(H) Contributions from other entities.— The Administrator may enter into agreements for voluntary contributions from other entities, including Federal, State, or local authorities, for the purpose of funding projects.

(I) Direct agreements.—

(i) Rule of construction.— Nothing in this subtitle may be construed to restrict the Administrator from entering into direct agreements under section 20113(e) of title 51, United States Code, with entities to perform work within a NASA Center separate from the activities funded through projects.

(ii) Prioritization.— The Administrator shall prioritize such direct agreements in instances in which required work would be completed more expeditiously or at a lower cost than through the pilot program described in this section.

(iii) Direct contributions.— The Administrator may make direct financial or in-kind contributions to projects undertaken by commercial entities under agreements entered into under clause (i), as the Administrator considers appropriate to support common use infrastructure at a NASA Center.

(2) Use of funds.—

(A) In general.— Contributions proffered by entities under agreements in support of projects shall be used by the Administrator to conduct capital repairs, maintenance, and improvements to NASA-owned infrastructure at a NASA Center, as the Administrator considers necessary to support activities conducted under agreements entered into under section 20113(e) of title 51, United States Code, which may include renovation, rehabilitation, sustainment, demolition, construction, operation, maintenance, repair, enhancement, expansion, and modernization of NASA-owned infrastructure at a NASA Center.

(B) Consultation.— The Administrator shall consult and partner with other Federal, State, and local public entities—

(i) to ensure that such projects are not duplicative; and

(ii) to identify opportunities for projects to provide increased capability or capacity to users.

(C) Treatment of improvements.— Improvements made to NASA-owned infrastructure at a NASA Center with amounts made available under a voluntary agreements under this section shall be property of the United States, unless the Administrator determines that transferring ownership of such improvements would be in the best interests of the United States.

(D) Unexpended contributions.— For any voluntary contributions from a commercial entity designated to a specific project that are not fully expended on that project within 90 days of the project becoming operational, the Administrator shall, at the election of the contributing commercial entity—

(i) refund the unexpended portion to the entity; or

(ii) allow the commercial entity to redesignate the funds to another eligible project under this subsection.

(3) Annual report.— Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report on projects conducted under this section that includes the following:

(A) For the preceding calendar year, the total amount of expenditures on projects by NASA and industry.

(B) The proposed uses of amounts contributed by NASA and industry for the operating plans of the Administration.

(C) Additional recommendations for efforts to streamline or reduce costs for each agreed upon project described in this section.

(4) Updates.— Not less frequently than every 2 years, the Administrator, in collaboration with commercial entities, shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives interim milestone updates relating to the pilot program under this section.

(5) Termination.—

(A) In general.— The authority to collect voluntary contributions under paragraph (1)(A) shall terminate on December 31, 2031.

(B) Rule of construction.— The termination under subparagraph (A) of the authority to collect voluntary contributions may not be construed to otherwise affect the validity or terms of agreements under section 20113(e) of title 51, United States Code, or the retention or use by the Administration of proceeds from such agreements.

(6) Prohibition on new budget authority.— Nothing in this subtitle may be construed to provide new budget authority to incur obligations in advance of appropriations.