S.Amdt. 1758

SA 1758. Mrs. SHAHEEN (for herself and Mr. Moran) submitted an
amendment intended to be proposed to amendment SA 1502 proposed by Mr.
Schumer to the bill S. 1260, to establish a new Directorate for
Technology and Innovation in the National Science Foundation, to
establish a regional technology hub program, to require a strategy and
report on economic security, science, research, innovation,
manufacturing, and job creation, to establish a critical supply chain
resiliency program, and for other purposes; which was ordered to lie on
the table; as follows:

Strike subsection (b) of section 2627 and insert the
following:
(b) In General.--Subchapter III of chapter 201 of title 51,
United States Code, as amended by section 2627, is further
amended by adding at the end the following:

``Sec. 20152 Payments received for commercial space-enable
production

``(a) Annual Review.--
``(1) In general.--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--
``(A) permits the use of the ISS by such private entities
to produce a commercial product or service; and
``(B) 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)).
``(2) Negotiation of reimbursements.--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.
``(3) Use of funds.--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:
``(A) To defray the operating cost of the ISS.
``(B) To develop, implement, or operate future low-Earth
orbit platforms or capabilities.
``(C) To develop, implement, or operate future human deep
space platforms or capabilities.
``(D) Any other costs the Administrator considers
appropriate.
``(4) Report.--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.
``(b) Licensing and Assignment of Inventions.--
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.
``(c) Space Exploration Fund.--
``(1) Establishment.--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.
``(2) Use of fund.--The Fund shall be available to carry
out activities described in subsection (a)(3).
``(3) Deposits.--There shall be deposited in the Fund--
``(A) amounts appropriated to the Fund;
``(B) fees collected by the Administrator under subsection
(a);
``(C) royalties and other payments collected by the
Administrator or the ISS management entity under subsection
(b); and
``(D) donations or contributions designated to support
authorized activities.
``(4) Rule of construction.--Amounts available to the
Administrator under this subsection shall be--
``(A) in addition to amounts otherwise made available for
the purpose described in paragraph (2); and
``(B) available for a period of 5 years.
``(5) Limitation on collection and availability.--Fees
under paragraph (3)(B) and donations and contributions under
paragraph 3(D) shall be collected and available pursuant to
this subsection only to the extent and in such amounts as
provided in advance in appropriations Acts.
``(d) Definitions.--
``(1) In general.--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.
``(2) Appropriate committees of congress.--The term
`appropriate committees of Congress' means--

[[Page S3226]]

``(A) the Committee on Commerce, Science, and
Transportation and the Committee on Appropriations of the
Senate; and
``(B) the Committee on Science, Space, and Technology and
the Committee on Appropriations of the House of
Representatives.''.
______