[House Hearing, 116 Congress] [From the U.S. Government Publishing Office] A REVIEW OF NASA'S PLANS FOR THE INTERNATIONAL SPACE STATION AND FUTURE ACTIVITIES IN LOW EARTH ORBIT ======================================================================= HEARING BEFORE THE SUBCOMMITTEE ON SPACE AND AERONAUTICS OF THE COMMITTEE ON SCIENCE, SPACE, AND TECHNOLOGY HOUSE OF REPRESENTATIVES ONE HUNDRED SIXTEENTH CONGRESS FIRST SESSION __________ JULY 10, 2019 __________ Serial No. 116-34 __________ Printed for the use of the Committee on Science, Space, and Technology [GRAPHIC NOT AVAILABLE IN TIFF FORMAT] Available via the World Wide Web: http://science.house.gov __________ U.S. GOVERNMENT PUBLISHING OFFICE 36-914PDF WASHINGTON : 2021 -------------------------------------------------------------------------------------- COMMITTEE ON SCIENCE, SPACE, AND TECHNOLOGY HON. EDDIE BERNICE JOHNSON, Texas, Chairwoman ZOE LOFGREN, California FRANK D. LUCAS, Oklahoma, DANIEL LIPINSKI, Illinois Ranking Member SUZANNE BONAMICI, Oregon MO BROOKS, Alabama AMI BERA, California, BILL POSEY, Florida Vice Chair RANDY WEBER, Texas CONOR LAMB, Pennsylvania BRIAN BABIN, Texas LIZZIE FLETCHER, Texas ANDY BIGGS, Arizona HALEY STEVENS, Michigan ROGER MARSHALL, Kansas KENDRA HORN, Oklahoma RALPH NORMAN, South Carolina MIKIE SHERRILL, New Jersey MICHAEL CLOUD, Texas BRAD SHERMAN, California TROY BALDERSON, Ohio STEVE COHEN, Tennessee PETE OLSON, Texas JERRY McNERNEY, California ANTHONY GONZALEZ, Ohio ED PERLMUTTER, Colorado MICHAEL WALTZ, Florida PAUL TONKO, New York JIM BAIRD, Indiana BILL FOSTER, Illinois JAIME HERRERA BEUTLER, Washington DON BEYER, Virginia JENNIFFER GONZALEZ-COLON, CHARLIE CRIST, Florida Puerto Rico SEAN CASTEN, Illinois VACANCY KATIE HILL, California BEN McADAMS, Utah JENNIFER WEXTON, Virginia ------ Subcommittee on Space and Aeronautics HON. KENDRA HORN, Oklahoma, Chairwoman ZOE LOFGREN, California BRIAN BABIN, Texas, Ranking Member AMI BERA, California MO BROOKS, Alabama ED PERLMUTTER, Colorado BILL POSEY, Florida DON BEYER, Virginia PETE OLSON, Texas CHARLIE CRIST, Florida MICHAEL WALTZ, Florida KATIE HILL, California JENNIFER WEXTON, Virginia C O N T E N T S July 10, 2019 Page Hearing Charter.................................................. 2 Opening Statements Statement by Representative Kendra Horn, Chairwoman, Subcommittee on Space and Aeronautics, Committee on Science, Space, and Technology, U.S. House of Representatives...................... 9 Written Statement............................................ 10 Statement by Representative Brian Babin, Ranking Member, Subcommittee on Space and Aeronautics, Committee on Science, Space, and Technology, U.S. House of Representatives........... 12 Written Statement............................................ 13 Statement by Representative Eddie Bernice Johnson, Chairwoman, Committee on Science, Space, and Technology, U.S. House of Representatives................................................ 14 Written statement............................................ 15 Witnesses: Mr. William Gerstenmaier, Associate Administrator, Human Exploration and Operations Mission Directorate, National Aeronautics and Space Administration Oral Statement............................................... 17 Written Statement............................................ 19 The Honorable Paul Martin, Inspector General, National Aeronautics and Space Administration Oral Statement............................................... 29 Written Statement............................................ 31 Mr. Eric Stallmer, President, Commercial Spaceflight Federation Oral Statement............................................... 40 Written Statement............................................ 42 Dr. Joanne Irene Gabrynowicz, Emerita, University of Mississippi, Editor-in-Chief, Emerita, Journal of Space Law Oral Statement............................................... 50 Written Statement............................................ 52 Discussion....................................................... 59 Appendix: Answers to Post-Hearing Questions Mr. William Gerstenmaier, Associate Administrator, Human Exploration and Operations Mission Directorate, National Aeronautics and Space Administration........................... 84 The Honorable Paul Martin, Inspector General, National Aeronautics and Space Administration........................... 91 Dr. Joanne Irene Gabrynowicz, Emerita, University of Mississippi, Editor-in-Chief, Emerita, Journal of Space Law................. 93 A REVIEW OF NASA'S PLANS FOR THE INTERNATIONAL SPACE STATION AND FUTURE ACTIVITIES IN LOW EARTH ORBIT ---------- WEDNESDAY, JULY 10, 2019 House of Representatives, Subcommittee on Space and Aeronautics, Committee on Science, Space, and Technology, Washington, D.C. The Subcommittee met, pursuant to notice, at 10:03 a.m., in room 2318 of the Rayburn House Office Building, Hon. Kendra Horn [Chairwoman of the Subcommittee] presiding. [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Chairwoman Horn. This hearing will come to order. Without objection, the Chair is authorized to declare recess at any time. Good morning, everyone, and welcome to our panel of distinguished witnesses. I appreciate you being here, and I look forward to our discussion today. And before I begin with my opening statement, I do want to acknowledge the panel and say thank you for your testimony, but to express, just to be clear, that we didn't receive the testimony from NASA (National Aeronautics and Space Administration) and from Mr. Stallmer until late yesterday evening, which, in the future--I understand we all have a lot going on, but it really makes it easier for us to--or helpful for us to prepare for this if we're able to review the testimony further in advance. So I'll just make a request to all of you that hopefully we can expedite that more in the future so we're not cramming the night before. And as a lifelong procrastinator, I understand, but if you all could help us out with that, it would be very, very much appreciated because we've got some very important issues to tackle here today. So to begin, beginning our hearing on ``A Review of NASA's Plans for the International Space Station and the Future of Activities in Low Earth Orbit.'' For nearly 20 years, the International Space Station (ISS) has expanded our understanding of what it means to live and work in space. Our investment in the ISS has enabled scientific research, development, and technology demonstrations from DNA sequencing to advanced technology for water purification worldwide, and much more. More importantly, we haven't done this alone. The ISS is a shining example of international cooperation, as well as innovative relationships for transportation services and expanded partner use of the ISS National Laboratory. I want to acknowledge the NASA, international, and commercial partners who continue to ensure the safe and productive operation of the ISS. As the Aerospace Safety Advisory Panel noted, the ISS program deals with ``the challenges of operating in the space environment in such a way to make it seem normal business.'' That's quite an accomplishment. However, there is nothing normal about operating in human spaceflight. I know you all are aware of that. And aging spacesuits and delays in the availability of U.S. commercial crew transportation services are just a few of the risks that need to be addressed looking forward at ISS. In addition to dealing with these and other near-term challenges involved in sustaining the ISS, we also need to look at what lies ahead. While NASA has affirmed the integrity of the ISS structure through at least 2028, the lifetime of the laboratory is finite. What will come next? How will NASA and the Nation ensure that the objectives for ISS are sustained following the end of ISS operations, whenever that occurs? And what are the steps that are needed to occur such that we can have confidence in avoiding the gap between the ISS and a future low-Earth orbit (LEO) facility? NASA's International Space Station Transition Report identifies options, including ``transitioning the ISS platform to private industry, augmenting it with privately developed modules, combining portions of the ISS with a new private platform, or deploying a new free-flying platform and deorbiting the ISS.'' I'm looking forward to learning more about these and other approaches because when and how we transition NASA's activities in low-Earth orbit from the ISS to an alternative platform or operating module is critical. NASA has made clear its plans to transition from a government-owned and operated ISS ``to a regime where NASA is one of many customers purchasing services from a LEO nongovernmental human space flight enterprise.'' This leaves a number of important and urgent questions that must be addressed: Who are those other customers? What does NASA's vision mean? In terms of NASA's commercial LEO development plan, what is the value proposition for the U.S. taxpayer? What level of investment is the private sector willing to make? Are NASA's planned investments in stimulating a commercial market demand and supply in LEO going to ensure a smooth transition and prevent a gap in NASA's ISS and low-Earth orbit activities? The challenge here is in the balance of risk and reward. Under this plan, the commercial entities aren't the ones assuming the bulk of the risk; that falls to NASA. And yet the potential benefits to the government and taxpayer are uncertain at best. The question then is what the U.S. taxpayer will be on the hook to fund. With no near-term market other than NASA, there is a real question about the cost to the taxpayer. NASA currently pays more than $3 billion a year to operate the International Space Station, a worthwhile investment. But on top of that, NASA's plans to fund the development of one or more commercial space stations, subsidize commercial activity on the ISS, and purchase services from future commercial space stations call into question whether this plan will save NASA money that it can apply to the moon program or if it will end up costing us more, not less, over the next decade. I look forward to getting more into the details. NASA's plan may result in impacts to ISS research and technology development that is needed to enable human exploration of the moon, Mars, and more, which is why these issues are so critical. We also need to understand the potential implications of the plan for ISS and international partnership on which NASA intends to build its future human space exploration. In closing, the low-Earth orbit and microgravity environment may in time support a commercially viable market. NASA has already taken initiatives to support commercial space through its development of commercial cargo services, commercial crew capabilities, and enabling research and development in low-Earth orbit. While NASA's interest in finding innovative approaches and stimulating a commercial market in low-Earth orbit are well-intended, we need to be responsible with the taxpayers' investment in the ISS as a national and international asset, and we need to carefully consider how we ensure a successful transition of our ISS activities going forward. [The prepared statement of Chairwoman Horn follows:] Good morning, and welcome to our distinguished panel of witnesses. I appreciate your being here, and I look forward to our discussion. For nearly twenty years, the International Space Station has expanded our understanding of what it means to live and work in space. Our investments in the ISS have enabled scientific research, development, and technology demonstrations from DNA sequencing to advanced technology for water purification, now used worldwide. More importantly, we haven't done it alone. The ISS is a shining example of international cooperation as well as innovative relationships for transportation services and expanded partner users of the ISS National laboratory. I want to acknowledge the NASA, international, and commercial partners who continue to ensure the safe and productive operation of the ISS. As the Aerospace Safety Advisory Panel noted, the ISS Program deals with ``the challenges of operating in the space environment in such a way as to make it seem `normal' business.'' However, there is nothing normal about human spaceflight. Aging spacesuits and delays in the availability of U.S. commercial crew transportation services are just a few of the risks that need to be addressed. In addition to dealing with these and other near term challenges involved in sustaining the ISS, we must also look to what lies ahead. While NASA has affirmed the integrity of the ISS structure through at least 2028, the lifetime of the laboratory is finite. What will come next? How will NASA and the nation ensure that the objectives for the ISS are sustained following the end of ISS operations, whenever that occurs? What are the steps that need to occur such that we can have confidence in avoiding a gap between the ISS and a future low Earth orbit facility? NASA's International Space Station Transition Report identifies options, including ``transitioning the ISS platform to private industry, augmenting it with privately developed modules, combining portions of the ISS with a new private platform, or deploying a new free-flying platform and de- orbiting the ISS.'' I'm looking forward to learning more about these, and any other approaches, because when and how we transition NASA's activities in low Earth orbit from the ISS to an alternative platform or operating model is critical. NASA has made clear its plans to transition from a government-owned and operated ISS ``to a regime where NASA is one of many customers purchasing services from a LEO non- governmental human space flight enterprise.'' This leaves a number of important and urgent questions that must be addressed.LWho are those other customers? What does NASA's vision mean? LIn terms of NASA's commercial LEO development plan, what is the value proposition for the U.S. taxpayer? LWhat level of investment is the private sector willing to make? LAre NASA's planned investments in stimulating commercial market demand and supply in LEO going to ensure a smooth transition and prevent a gap in NASA's ISS and low Earth orbit activities? The challenge here is the balance of risk and reward. Under this plan the commercial entities aren't the ones assuming the bulk of the risk, that falls to NASA yet the potential benefits to the Government and taxpayer are uncertain at best. The question is what the U.S. taxpayer will be on the hook to fund. With no near-term market other than NASA, there is a real question about the cost to the U.S. taxpayer. NASA currently pays more than $3 billion a year to operate the ISS. On top of that, NASA plans to fund the development of one or more commercial space stations, subsidize commercial activity on the ISS, and purchase services from future commercial space stations. Will this plan save NASA money that it can apply to its Moon program, or will it end up costing NASA more, not less, over the next decade? I look forward to getting the details. NASA's plan, may result in impacts on the ISS research and technology development that is needed to enable human exploration of the Moon and Mars and more. We also need to understand the potential implications of the plan for the ISS international partnership on which NASA intends to build its future human exploration plans? In closing, the low-Earth orbit and microgravity environment may in time support a viable commercial market. NASA has already taken initiatives to support commercial space through its development of commercial cargo services, commercial crew capabilities, and enabling research and development in low Earth orbit. While NASA's interest in finding innovative approaches to stimulating a commercial market in low Earth orbit are well intended, we need to be responsible with the taxpayers' investment in the ISS as a national and international asset, and we need to carefully consider how we ensure a successful transition of our ISS activities going forward. Chairwoman Horn. And now I will turn to Ranking Member Mr. Babin for your opening statement. Mr. Babin. Thank you, Madam Chair. I appreciate it. I want to say thank you to our distinguished witnesses here today. And also, I'd like to extend a welcome to several folks that are up here from my district from Johnson Space Center (JSC). If you would stand if you're out there from Johnson Space Center. Oh, man, we've got half the room. OK. I knew there were some familiar faces out there, but I wanted to say welcome. I hope you're learning a lot up here about legislation and some of the activities that we're going to talk about today are right in their bailiwick is some of their responsibilities, so thank you for being up here. But anyway, thank you, Chairwoman Horn, for holding this hearing. The International Space Station is one of humanity's highest technological achievements. As an internationally built and operated orbiting laboratory, the ISS conducts critical research that helps us both on Earth and in space. As a multinational project, this engineering marvel illustrates the power of U.S. leadership on the frontiers of this exploration. NASA has worked very hard to conquer the challenges of low- Earth orbit. We have learned how the human body reacts to the microgravity environment, and we're still learning, I might say. And we have grown food, crystalized proteins, we've launched satellites, we've conducted scientific observations of the Earth and the stars above. During the 115th Congress, I introduced the Leading Human Spaceflight Act, which, among other provisions, would extend the authorization of the ISS from 2024 to 2030. And I would note that this extension would not simply swap out dates. Rather, my bill would also call for an earlier termination of Federal support for the ISS if a commercial alternative is in place prior to 2030. It is vital to not only our leadership in space but also our national security that America maintain a continual, uninterrupted human presence in low-Earth orbit. I look forward to working with my colleagues on both sides of the aisle to ensure that we prevent another damaging capability gap like the one we experienced at the conclusion of our Space Shuttle program. All of that being said, it is very important to note that our financial resources for space activities are limited, and any decision on ISS extension will result in some tradeoffs. NASA has previously estimated that the ISS will cost taxpayers between $3 and $4 billion annually through 2024, roughly half of NASA's total human spaceflight budget. Each dollar spent on transportation to, and maintenance of, the ISS is a dollar that is not being spent on exploration beyond low-Earth orbit, whether it is to the moon, to Mars, or other destinations. Numerous reports from the National Academies and the NASA Inspector General have concluded that an extension of the ISS could result in a multiyear delay to future deep-space missions. So I proudly represent the Johnson Space Center, which manages both the ISS and the Orion programs, so I am especially aware of the trades that we have to make between low-Earth orbit and deep space exploration. Aside from today's discussion of the ISS, we will also hear from our witnesses about ongoing efforts to increase commercial activities in low-Earth orbit. NASA has engaged in a lot of work over the last 3 years to examine potential markets and the capacity for them. They've commissioned think-tank studies, sought input from industry, and researched the various architectures at length. This work informed their recent announcement on ISS commercialization last month. Our witnesses today will share their thoughts on how NASA can continue to work with industry to find opportunities to develop more commercial markets in low-Earth orbit. Section 303 of the 2017 NASA Transition Authorization Act directed NASA to conduct a transition report for ISS where NASA would be ``one of many customers of a low-Earth orbit commercial human space flight enterprise.'' A future where NASA is able to act as a customer and purchase a variety of services will allow the agency to focus on more ambitious deep-space missions, and I look very much forward to hearing from our witnesses how this Committee can help make this step happen. And allowing NASA to serve as a customer rather than a developer of basic services is a very fiscally responsible move that will benefit the taxpayer and industry alike. I want to thank today's witnesses for being with us, and I look forward to your discussion. And with that, I yield back, Madam Chair. [The prepared statement of Mr. Babin follows:] Thank you for holding this hearing, Chairwoman Horn. The International Space Station is one of humanity's highest technological achievements. As an internationally built and operated orbiting laboratory, the ISS conducts critical research that helps us both on Earth and in space. As a multi- national project, this engineering marvel illustrates the power of U.S. leadership on the frontiers of exploration. NASA has worked hard to conquer the challenges of low-Earth orbit. We have learned how the human body reacts to the microgravity environment. We have grown food, crystalized proteins, launched satellites, and conducted scientific observations of the Earth and stars above. During the 115th Congress, I introduced the Leading Human Spaceflight Act which, among other provisions, would extend the authorization of ISS from 2024 to 2030. I would note that this extension would not simply swap out dates. Rather, my bill would also call for an earlier termination of federal support for ISS if a commercial alternative is in place prior to 2030. It is vital to--not only our leadership in space--but also our national security that America maintain a continual, uninterrupted human presence in low Earth orbit. I look forward to working with my colleagues on both sides of the dais to ensure we prevent another damaging capability gap like the one we experienced at the conclusion of the Space Shuttle program. All of that being said, it is important to note that our financial resources for space activities are limited and any decision on ISS extension will result in tradeoffs. NASA has previously estimated that the ISS will cost taxpayers between three and four billion dollars annually through 2024--roughly half of NASA's total human spaceflight budget. Each dollar spent on transportation to--and maintenance of--ISS is a dollar not spent on exploration beyond low earth orbit, whether it is to the Moon, Mars, or other destinations. Numerous reports from the National Academies and the NASA Inspector General have concluded that an extension of the ISS could result in a multi-year delay to future deep-space missions. I proudly represent the Johnson Space Center, which manages both the ISS and Orion programs, so I am especially aware of the trades we have to make between low Earth orbit and deep space exploration. Aside from today's discussion of ISS, we will also hear from our witnesses about ongoing efforts to increase commercial activities in low-Earth orbit. NASA has engaged in a lot of work over the last three years to examine potential markets and the capacity for. They've commissioned think-tank studies, sought input from industry, and researched the various architectures at length. This work informed their recent announcement on ISS Commercialization last month. Our witnesses today will share their thoughts on how NASA can continue to work with industry to find opportunities to develop more commercial markets in low-Earth orbit. Section 303 of the 2017 NASA Transition Authorization Act directed NASA to conduct a transition report for ISS where NASA would be ``one of many customers of a low-Earth orbit commercial human space flight enterprise.'' A future where NASA is able to act as a customer and purchase a variety of services will allow the agency to focus on more ambitious deep-space missions and I look forward to hearing from our witnesses how this Committee can help take this step. Allowing NASA to serve as a customer rather than a developer of basic services is a fiscally responsible move that will benefit the taxpayer and industry alike. I want to thank today's witnesses for being with us, and I look forward to our discussion. I yield back. Chairwoman Horn. Thank you, Ranking Member. And the Chair now recognizes the Chairwoman of the Full Committee, Ms. Johnson, for her opening statement. Chairwoman Johnson. Thank you very much, Chairwoman Horn and Ranking Member Babin, for holding this hearing to consider NASA's plans for the International Space Station and future activities in low-Earth orbit. As I have noted in the past, the International Space Station is the largest and most complex science and engineering project ever carried out in space. It plays a critical role in carrying out human health and technological research that is essential if we are to successfully send astronauts to Mars and back. The ISS also serves as a laboratory for fundamental and applied science, as well as an observation platform for astronomical, environmental, and heliophysics research. It has been an enduring example of international cooperation in space, and it continues to inspire young people to excel and to provide opportunities for classrooms across our Nation to interact with our astronauts through live communication downlinks. Yet the ISS is a limited resource with a limited lifetime, and we need to make sure that we make the best use of it while we have it. And to me, that means making sure that its highest priority is carrying out the research and engineering testbed activities that can only be done in ISS. That is the lens through which I will be looking at NASA's proposals for ISS commercial activities. I support efforts to create a vibrant commercial space economy in low-Earth orbit, but ultimately it is the private sector that will determine whether or not that will happen. Private investment will be needed, not government subsidies, if LEO commercialization is to be sustainable over the long term. I believe that the jury is still out as to whether that will happen. In the meantime, the International Space Station has a limited lifetime, limited crew size, and limited research capabilities. As I said earlier, we need to ensure that those resources are focused on those tasks that can only be done by ISS and that are a high priority. As a result, we will be taking a close look at NASA's proposed commercialization initiative to see whether it meets that standard. At this point, I'm not convinced that it does. For example, I'm skeptical that sending wealthy space tourists to ISS is the best or even a good use of taxpayers-funded facility. NASA keeps saying that there are unanswered human health research questions that can only be addressed on the ISS; questions that need to be answered if we are to reduce the risk of sending humans to Mars. If that is the case, our focus should be on sending additional crew members or researchers to the station, not well-heeled individuals seeking an exotic vacation. We have much to discuss today, and I look forward to hearing from our witnesses. I welcome our witnesses. Thank you, and I yield back. [The prepared statement of Chairwoman Johnson follows:] Thank you, Chairwoman Horn, for holding this hearing to consider NASA's plans for the International Space Station and future activities in low Earth orbit. As I have noted in the past, the International Space Station is the largest and most complex science and engineering project ever carried out in space. It plays a critical role in carrying out the human health and technological research that is essential if we are to successfully send our astronauts to Mars and back. The ISS also serves as a laboratory for fundamental and applied science as well as an observation platform for astronomical, environmental, and heliophysics research. It has been an enduring example of international cooperation in space, and it continues to inspire our young people to excel and to provide opportunities for classrooms across our nation to interact with our astronauts through live communication downlinks. Yet the ISS is a limited resource with a limited lifetime, and we need to make sure that we make the best use of it while we have it. And to me, that means making sure that its highest priority is carrying out the research and engineering testbed activities that can only be done on the ISS. That is the lens through which I will be looking at NASA's proposals for ISS commercial activities. I support efforts to create a vibrant commercial space economy in low Earth orbit, but ultimately it is the private sector that will determine whether or not that happens. Private investment will be needed, not government subsidies, if LEO commercialization is to be sustainable over the long term. And I think that the jury is still out as to whether that will happen. In the meantime, the International Space Station has a limited lifetime, limited crew size, and limited research capabilities. As I said earlier, we need to ensure that those resources are focused on those tasks that can only be done on the ISS and that are of highest priority. As a result, I will be taking a close look at NASA's proposed commercialization initiative to see whether it meets that standard. At this point, I am not convinced it does. For example, I am skeptical that sending wealthy space tourists to the ISS is the best-or even a good-use of that taxpayer-funded facility. NASA keeps saying there are unanswered human health research questions that can only be addressed on the ISS, questions that need to be answered if we are to reduce the risks ofsending humans to Mars. If that is the case, our focus should be on sending additional crew members or researchers to the Station, not well heeled individuals seeking an exotic vacation. Well, we have much to discuss today, and I look forward to hearing from our witnesses. Thank you, and I yield back. Chairwoman Horn. Thank you, Madam Chairwoman. And if there are Members who wish to submit additional opening statements, your statements will be added to the record at this point. And let me extend my warm welcome as well again to the witnesses. We have a distinguished panel today, and clearly we have a lot to discuss as we're moving into this next phase to address concerns as we move forward to prevent, as my colleague said, a capability gap in this important endeavor. I'll begin by introducing our witnesses today. Our first witness, Mr. William Gerstenmaier, is no stranger to appearing before this Committee, and we're glad to have you here today-- Associate Administrator for the Human Exploration and Operations Mission Directorate at NASA. Prior to his current position, Mr. Gerstenmaier served as the Manager for the International Space Station program. He also served as the Associate Administrator for the Space Operations Mission Directorate during the completion of the space station. Mr. Gerstenmaier holds a bachelor of science in aeronautical engineering from Purdue University and a master of science degree in mechanical engineering from the University of Toledo. He is becoming a regular when it comes to testifying before us and clearly has expertise related to ISS. And we are glad to see you again, and we appreciate you being here as we consider these important issues. So welcome, Mr. Gerstenmaier. Our next witness, Mr. Paul Martin, Inspector General for the National Aeronautics and Space Administration. Mr. Martin has been NASA Inspector General since Senate confirmation in 2009. Prior to his appointment at NASA, he served as the Deputy Inspector General in the Department of Justice. He also spent 13 years at the U.S. Sentencing Commission, including 6 years as the Commission's Deputy Staff Director. Mr. Martin received a B.A. in journalism from Pennsylvania State University and a juris doctorate from Georgetown University Law Center. We look forward to your testimony today, Mr. Martin, and we're glad that you're here, so welcome. Our next witness is Mr. Eric Stallmer. Mr. Stallmer is the President of the Commercial Spaceflight Federation, CSF, and has much experience in the commercial space sector. CSF is a trade organization dedicated to promoting the development of commercial spaceflight and was recently appointed to the National Space Council User Advisory Group. Before working at the Commercial Spaceflight Federation, Mr. Stallmer served as the Vice President of Government Relations for Analytical Graphics, Incorporated. Mr. Stallmer has a bachelor's degree in political science and history from Mount Saint Mary College and a master's in Public administration from George Mason University. Mr. Stallmer also testified yesterday before our colleagues in the Senate, and so you've had a long 2 days but we're glad you're joining us today and appreciate your willingness to do back-to-back hearings in 24 hours, so welcome. Glad to have you here. And our last witness is Professor Joanne Irene Gabrynowicz. Did I get it right? Excellent. I know Gerst. I just want to make sure I get it right. So Professor Gabrynowicz is a Professor Emerita of Space Law and Director of the National Center for Remote Sensing, Air, and Space Law at the University of Mississippi Law Center. Professor Gabrynowicz is also the Editor-in-Chief Emerita of the Journal of Space Law. In addition, she is the Director of the International Institute of Space Law (IISL) and is an official observer for the IISL to the U.N. Committee on the Peaceful Uses of Outer Space. She received her bachelor's from City University of New York and earned her juris doctorate from the Cardozo School of Law. Welcome, Professor Gabrynowicz. As our witnesses, you should all know that each of you will have 5 minutes for your spoken testimony, and your written testimony will be included in the record for this hearing. When you've completed your spoken testimony, we'll begin with questions, and each Member will have 5 minutes of questions. And since you've been through this drill many times before, Mr. Gerstenmaier, we'll start with you. TESTIMONY OF MR. WILLIAM H. GERSTENMAIER, ASSOCIATE ADMINISTRATOR, HUMAN EXPLORATION AND OPERATIONS MISSION DIRECTORATE, NASA Mr. Gerstenmaier. Thank you very much. ISS is the most amazing and productive space research facility ever constructed by humankind. ISS is accomplishing more than previously envisioned. For example, ISS' role in CubeSat, CubeSatellite deployment and development, was unanticipated. Who would've thought that ISS and its relatively low altitude would be seen as the go-to CubeSat deployment platform. The CubeSat lifetime is on the order of months at the altitude of the space station. The lifetime constraint would seem to reduce CubeSat developers' desire to use the space station. The cost of access to ISS and the ability of crews to interact with the satellites prior to deployment made ISS a great research platform for CubeSats. As of today, 250 CubeSats have been deployed from the ISS. ISS has played a pivotal role in the development of the CubeSat market. ISS also played a strong role in lowering launch costs. Cargo transportation to allow--to ISS allowed for new competition to enter the launch market. ISS cargo with relaxed launch reliability requirements allowed new competition in launch vehicles and helped bring commercial satellite launch back to the U.S. soil. Clearly, this role for ISS was not envisioned at the beginning of ISS. Last, the ISS international partnership has allowed the ISS team to set interoperability standards for the rest of the world to follow. The international docking standards allow anyone building to the standard to dock with the ISS. The standard does not dictate design but allows for docking. There are now standards for life support, power, data, and avionics. The ISS team is setting standards for the rest of the world to follow in human spaceflight. These standards will be used for our lunar activity. Today's hearing discussing future plans for the ISS is very timely. Just as the activities that I mentioned have surprised us and the benefits from ISS, I think the upcoming years of ISS operations offer the chance to see ISS contribute in ways not yet envisioned or imagined. The area that I would like to discuss in my opening remarks is the ISS activity associated with creating a commercial market for low-Earth orbit activities. Several weeks ago, NASA announced a plan to utilize ISS to explore market development in low-Earth orbit. Previously, NASA asked commercial industry for their ideas to commercialize low-Earth orbit, and, based on the input from 12 studies and 12 companies, NASA developed a plan. That plan comprises five key areas. First, to establish ISS commercial use and pricing policy. That allows the commercial companies to understand where they can use ISS and how much it will cost. The second point was to enable private astronaut missions to the ISS. The third point was to initiate a process of commercial development of low-Earth orbit destinations. This means allowing the docking port to be used on ISS for commercial activities and also investing--investigating new free-flying platforms. Fourth, we were seeking out and pursuing opportunities to stimulate demand. And fifth, we've been quantifying NASA's long-term needs for activities in low-Earth orbit. With this data, commercial companies should be able to build a business plan and determine ways to generate revenue from low-Earth orbit. NASA can enable U.S. industry to see the benefits and opportunities in low-Earth orbit spaceflight. However, the results will only come from the private sector investing and taking risk. All companies investing in low-Earth orbit will not be successful. It is critical that NASA create the right environment for these potential low-Earth orbit entrepreneurs. The ultimate goal is for NASA to become one of many customers for activities in low-Earth orbit. Being one of many customers will lower cost for NASA and allow us to more effectively use the dollars that we have been provided. I stress that the burden of creating this new market will be on the private sector and not on NASA. Again, thank you for the opportunity to be here today, and I look forward to your questions. [The prepared statement of Mr. Gerstenmaier follows:] [GRAPHIC] [TIFF OMITTED] T6914.008 [GRAPHIC] [TIFF OMITTED] T6914.009 [GRAPHIC] [TIFF OMITTED] T6914.010 [GRAPHIC] [TIFF OMITTED] T6914.011 [GRAPHIC] [TIFF OMITTED] T6914.012 [GRAPHIC] [TIFF OMITTED] T6914.013 [GRAPHIC] [TIFF OMITTED] T6914.014 [GRAPHIC] [TIFF OMITTED] T6914.015 [GRAPHIC] [TIFF OMITTED] T6914.016 [GRAPHIC] [TIFF OMITTED] T6914.017 Chairwoman Horn. Thank you, Mr. Gerstenmaier. Mr. Martin. TESTIMONY OF THE HON. PAUL K. MARTIN, INSPECTOR GENERAL, NASA Mr. Martin. Chairwoman Horn, Ranking Member Babin, and Members of the Subcommittee, over the past 5 years, the Office of Inspector General has issued 13 reports related to the International Space Station, including reviews of NASA's efforts to maximize onboard research, manage the $17 billion in contracts with private companies to fly cargo and crew, and maintain international partnerships that fund almost one- quarter of the station's annual expenses. My testimony today is informed by these past reviews, in particular, an audit we issued last July that assessed NASA's utilization of the ISS. For the past 21 years, the ISS has served as a unique platform for humans to experience living in space while conducting research in a microgravity environment. But while a unique platform, it's also an expensive platform that costs NASA between $3 to $4 billion annually or about half its human space flight budget. In my remarks this morning, I offer three observations based on our oversight work. Observation one: NASA's current plans for a more incremental approach to ISS commercialization appear more realistic than its previous approach that set a hard deadline of October 2025 to end direct Federal funding for the station. That said, we continue to question whether a sufficient business case exists under which private companies can create a self-sustaining and profit-making business using the ISS independent of significant government funding in the short or midterm. From our perspective, it is unlikely that a private entity would assume the station's operating cost, currently $1.2 billion annually, to enable NASA to achieve its stated goal of, quote, ``becoming one of many customers of a commercial LEO platform.'' Observation two: Structurally, it appears the service life of the ISS could safely be extended to at least 2028 if not beyond. However, the larger challenge may be the yearly expense of operating the station past 2024, an expense that may impact NASA's ability to fund other priorities. Unless the agency receives a substantial and sustained appropriations increase, it will be hard-pressed to continue supporting ISS operations under its current model while also funding initiatives such as the Gateway, lunar landers, new spacesuits, and other technologies required for a moon landing. Observation three: Last month, NASA announced an interim directive outlining use of the ISS for commercial and marketing activities. To help companies develop business plans, NASA also published a pricing policy under which it plans to charge private astronauts around $1 million for a month-long stay on the ISS or about $35,000 per day. While NASA acknowledges these prices are substantially subsidized and represent only a small portion of the agency's actual cost, the initiative is one approach NASA is undertaking to foster a commercial market in low-Earth orbit. The likelihood of success of this effort remains unclear for a variety of reasons, not the least of which is uncertainty about when routine commercial crew flights to the ISS will begin and how much a seat will cost a private astronaut. In conclusion, one positive benefit of the Administration's FY 2019 plan to end direct Federal funding of the ISS after 2024 was that it helped focus the conversation about the station's future. Whether the final decision is extension, increased commercialization, retirement, or some combination of these options, the sooner the Administration and Congress agree on a definitive path forward for the ISS, the better NASA will be able to maximize use of the station and make additional plans to commercialize low-Earth orbit. Thank you. [The prepared statement of Mr. Martin follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Chairwoman Horn. Thank you, Mr. Martin. Mr. Stallmer, you're recognized for 5 minutes. TESTIMONY OF MR. ERIC W. STALLMER, PRESIDENT, COMMERCIAL SPACEFLIGHT FEDERATION Mr. Stallmer. Thank you so much. Chairwoman Horn, Ranking Member Babin, and distinguished Members of the Subcommittee, thank you for inviting the Commercial Spaceflight Federation to discuss our members' views on the state of the U.S. commercial space industry. We also appreciate the opportunity to review NASA's plans for the International Space Station and examine future activities in low-Earth orbit. In addition to NASA's utilization of the ISS, the United States now has a vibrant, highly capable commercial space sector that is beginning to maximize the utility of the ISS and is demonstrating a growing LEO economy. As we look to the future in which the government is one of many customers, it needs to be reduced--it needs to reduce the burdens on the system and moves at the speed of business. Because of NASA's foresight and cultivation of this industry, American companies support space exploration and national security needs today in addition to the commercial marketplace. Unlike when the first pieces of the ISS were being launched into LEO, we now have an exciting and diverse commercial marketplace, one which NASA can partner to achieve its goals. Twenty years after Americans launched the first module of ISS, the current Administration, NASA, and Congress have established a national commitment to ensure American leadership in low-Earth orbit to establish a permanent human presence in low-Earth orbit and enable the development of a commercial and industrial ecosystem. Long-term, sustainable human presence and commercial activity in LEO requires an integrated effort. This includes stimulating greater demand for space-based industrial R&D and spaceflight products and services to LEO, the development of commercial space stations and space habitats, and routine transportation of astronauts and cargo to and from LEO. Public- private partnerships with commercial companies are fundamental to developing these capabilities. As you look to ensure America's leadership in space, you must ensure we--this includes rapid innovation. Last month, NASA released guidance for its LEO economy initiative. CSF commends Administrator Bridenstine and the entire NASA team for recognizing the success of the commercial industry, incorporating best practices, and updating objectives to accelerate the development of these important capabilities. As NASA works to implement this initiative, we recommend the following few ideas: LEncourage NASA to adopt the best elements of its successful efforts to commercialize space such as the Commercial Orbital Transportation Services, COTS, program and the Commercial Crew Program. LMaintain competition throughout the life of a program to encourage innovation and cost reduction. Multiple providers offer redundant capabilities in the event of delays or challenges. LSupport of a complete utilization of the ISS through at least 2028 in a timely, seamless transition process toward commercial space stations to ensure that the U.S. maintains a continuous human presence in low-Earth orbit. LProvide certainty and predictability by communicating a clear plan for the transition to commercial systems. That means that if NASA is going to charge for ISS- related services, those prices should change infrequently and with substantive advance notice. LAnd resist the temptation to try to make money now at the expense of future LEO market expansion. This would be the very definition of killing the goose that lays the golden eggs. Regularly engage with industry, which NASA does a great job with, to understand and incorporate new commercial capabilities as they evolve as opposed to requesting the business-- requesting that business fit within NASA's plans. Grant users complete control over intellectual property developed on ISS and avoid competing with private industry. We are ready to take the next step with NASA, and we look forward to continuing to work with this Committee to establish a permanent human presence in low-Earth orbit and enable the development of strong commercial ecosystem. Chairwoman Horn, Ranking Member Babin, I really--and Members of the Committee, I really appreciate the invitation to testify before you today, and I thank you for your attention. I look forward to all your questions. [The prepared statement of Mr. Stallmer follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Chairwoman Horn. Thank you very much, Mr. Stallmer. Professor Gabrynowicz. TESTIMONY OF DR. JOANNE IRENE GABRYNOWICZ, EMERITA UNIVERSITY OF MISSISSIPPI, EDITOR-IN-CHIEF EMERITA, JOURNAL OF SPACE LAW Dr. Gabrynowicz. Thank you. Chairwoman Horn, Ranking Member Babin, Members of the Subcommittee, thank you for giving me the opportunity to address NASA's Plans for the International Space Station and Future Activities in low-Earth orbit. I am delighted to respond. My full statement has been submitted for the record. This statement addresses two points of space law that are particularly germane to plans to develop low-Earth orbit and the station. They speak directly to U.S. national interests, and there is a brief conclusion. The first point is that the U.S. Government is internationally responsible for the activities of its nongovernmental space actors in perpetuity. The second point is that the legal obligations of the U.S. Government continue in force even after the transfer of station elements to nongovernmental commercial activities. Regarding the first point that the United States has international responsibility for its nongovernmental space actors, Article 6 of the Outer Space Treaty provides that states, parties shall bear international responsibility for activities carried on by nongovernmental entities. It is crucial that article 6 of the Outer Space Treaty become central to the plans for commercial LEO development. What constitutes responsibility is part of a growing body of law that has strengthened and matured in recent years. The United States Government and, through it, the United States taxpayer, will ultimately be responsible if it is deemed necessary because of events--will ultimately be deemed responsible for reparation if it is deemed necessary because of events arising from U.S. nongovernmental activities. The government's responsibility exists in perpetuity. Withdrawing from or altering the Outer Space Treaty can change this, but that is an option that is not favored either by the space industry itself or by the United States Department of State. A risk-sharing regime has been established for launching and reentry services. An analogous risk-sharing regime should be developed for all stages of the planned U.S. exploration roadmap in which nongovernmental actors will be part of the roadmap space activities. The second legal point is that the United States' space station obligations remain in force even after transfer of station elements to nongovernmental commercial entities. The IGA, the International Space Station Intergovernmental Agreement, is a remarkable space law achievement. It has governed space station cooperation for 15 states over 3 decades, and it is described in more depth in my statement. An essential feature of the International Space Station Agreement is that the transfer of ownership shall--and I quote, ``The transfer of ownership shall not affect the rights and obligations of the parties,'' end quote. Therefore, if the space station transition will include, quote, ``transfer of all or parts of the station itself to commercial entities, including exercise of ownership or equipment,'' end quote, then the United States will still have the same rights and obligations that were in force prior to the transfer. Changing post-transfer obligations will require at a minimum renegotiating post-transfer rights and obligations among space station partners. This moves the issue of U.S. post-transfer obligations more into the realm of politics than law, increasing uncertainty regarding the degree, the nature, and the duration of U.S. obligations. In conclusion, there are legal and economic forces at play that can expose the United States Government and the U.S. taxpayer to substantial, recurring, long-term obligations that can result in hard-to-quantify financial obligations. Development of low-Earth orbit and the station is beginning at a time when the current value of the space economy is being questioned, when recent U.S. national space law increasingly places more of the cost of industry risk-taking onto the U.S. taxpayer, and when recently enacted U.S. national space law has created an uncertain legal environment by the use of illusory language that is mostly aspirational and repetitive and creates little black-letter law. It is in the U.S. national interest for the Subcommittee to consider these forces going forward. Thank you for your work to develop the law of space. [The prepared statement of Dr. Gabrynowicz follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Chairwoman Horn. Thank you, Dr. Gabrynowicz. And before we move into questions, I'm going to take a moment of personal privilege to recognize two young women that are here today who I think are attending their second hearing in 2 days. And as we talk about these important issues, we have Elsa and Phaedra Curry, who I know have grown up in this area, that we talk about the importance of investing in the future and inspiring future generations, so I just want to take a moment--go ahead and stand up and say hello. Yes. This could be our next generation of scientists. OK. Now at this point we'll begin our first round of questions. So clearly there are many issues that we have to tackle, and it's important that as we're looking forward, we take all of these things into account about how we do this in a way that is sustainable, that is fiscally responsible, that encourages economic development, that allows NASA to move to a new iteration of what it means for us to explore and do science in space. So I'm going to try and get through a number of questions as quickly as possible because I think we've got a lot of important issues to tackle. So, Mr. Gerstenmaier, I would like to start with you because when we're considering this transition and how we're going to ensure that our national interests and activities in low-Earth orbit can continue without, as Ranking Member Babin put it, a capabilities gap, I think that's one of the major questions that we have to face, as well as the legal issues in how we make that transition. There are many questions that need to be answered. I'm going to run through a few of them and I will submit some for the record but highlight a couple just to set the stage. One, what are the costs to NASA and international partners of NASA's proposal to transition its ISS activities to potential commercial space station? Two, have you carried out a cost-benefit analysis of all of the potential options for an ISS transition, including a NASA- developed smaller follow-on platform to handle NASA and international partner research? Three, did you carry out a market analysis of commercial activity in low-Earth orbit? Four, what is the value proposition for the U.S. taxpayer of NASA's planned investments in stimulating commercial LEO market supply and demand? Five, how much is the commercial sector willing to invest? Who would own a commercial platform and who would own the data from NASA research conducted on a commercial space station? How much money would the commercial plan save as compared to NASA's current ISS expenditures, and when would those savings be realized? And finally, what is the plan B if commercial platforms or alternative models of ISS operations don't prove feasible either technically or financially? So those are the stage setting. I'd ask, Mr. Gerstenmaier, if you would address if you've carried out a cost-benefit analysis and if you know how much the commercial sector is willing to invest. And, Mr. Stallmer, I'd ask that second question of you to follow on. Mr. Gerstenmaier. So the way we're kind of approaching this is last month we've--first of all, we spent 1 year asking the commercial sector what their interests were in low-Earth orbit and what they needed from NASA to understand the environment. And what we got clearly from those 12 studies was there was lots of uncertainty about what was available, what the constructs were, what they could do on station, how much it would cost, those kind of things. So what we did a month ago is we tried to define for them all these key parameters that they said they needed through these studies. So we gave them the five things I described to you that they have available. Now it's up to them to see if they can put together a business plan, generate revenue from that, where they see the market potential. We define what NASA's long-term needs are, what NASA needs to spend annually for space station activities in the future. So we believe we've given the private sector now all the parameters they need to give us back a business plan, and then we can start to begin to answer that series of questions that you asked us about cost-benefit and analysis, et cetera. So we've done our part. We've identified what's available, what we need, how much it will cost to find the constraints. It's now up to the private sector to give us back business plans that we can then start evaluating to turn that back around into cost-benefit analysis type of activities you described. Chairwoman Horn. Thank you. Mr. Stallmer? Mr. Stallmer. From a commercial perspective since 2000, right around the time that the space station was--became functional, the private sector has invested $20 billion, and much of that investment has gone to low-Earth orbit. As we're projecting on what the rate of return will be for the shuttle given NASA's investment cost, the global space community right now, the worldwide figures I think are--range anywhere from $360 to $380 billion of the global space economy. Within the next decade, several major institutions, Goldman Sachs, J.P. Morgan--or, I'm sorry, Morgan Stanley and others have projected that the commercial marketplace or the global space marketplace, which is all of space, to be a $1 trillion business. So, you know, short of the business plans that--I don't have them in hand to present to NASA right now, but the companies that are working with the International Space Station on the International Space Station are projecting this I think into the future. But I think the most important thing is the stability of knowing that the station will be there, beyond--it's hard to do a business plan for something that may not exist and how do you project out? So if we're talking about, you know, the space station going away in 2024, well, that's 4 1/2 years from now. If we can do 2028 or beyond I think makes for a better case for investment. Chairwoman Horn. Thank you very much. Professor Gabrynowicz, I think you've hit on a couple of very important points, and I just want to reiterate and ask a question about your observation regarding the legal challenges in the next generation of what we're looking at and that the development of LEO and ISS is beginning at a time when the current value of the space economy is being questioned. But to get to the last part of it right at the heart where the risk and reward and the liability lies, that the space law has created and the movement has created an uncertain legal environment that there's very little black-letter law. And so my question to you is, what do you see as an effective pathway to addressing those issues and creating an effective and enforceable body of law? Dr. Gabrynowicz. Well, to begin with, if we have black- letter law, it is law that actually authorizes, requires, or prohibits action. What we have had since about 2014, 2015 are a number of statutes that rely on reaffirmations and sense-of- Congress provisions. None of these create law. There's a pattern in these statutes where there's a congressional finding or the sense of Congress, and then the requirement is to produce a study and to bring it back to the relevant committee, and so there's a lot of activity going back-and-forth-- regarding studies that are intended for future action, but most of these statutes don't actually authorize, prohibit, or source action. And if one were to go over these statutes, you'd see large chunks of numbered pages that are simply opinions and not law. Even a sense-of-Congress provision, even if it's incorporated into a bill, it does not create law. And I don't remember the numbers now, but I've gone through these statutes, and a number of them have 15, 20 sense-of-Congress provisions in one bill. Chairwoman Horn. Thank you very much. I have many more questions, but we're going to pass the time, so turn it over to Ranking Member Babin for his. Mr. Babin. NASA just released details highlighting its plans for the low-Earth orbit commercialization. The intent of the plan is to facilitate private-sector use of low-Earth orbit to offset the government's costs on LEO so that NASA can focus on deep space exploration. And the focus of the plan appears to be focused on selling access to the ISS. And, Mr. Gerstenmaier, will this offset NASA's costs for ISS transportation and operations, and if so, by how much? And if not, then why decrease NASA's utilization? Mr. Gerstenmaier. Yes, so the intent is not to lower NASA's cost for this activity. The idea is to essentially allow the commercial sector to experiment with revenue-generating activities on board station. And for that we want to recoup some of the cost associated with the activities for which they're using on station, and that was the pricing policy that we placed for them. It's not an absolute pricing policy, but gives them an idea of how to build a plan. And the idea is then can they then look at--from that determine were there a private station on their own that they built could be used, and then that's something NASA could then acquire services from in the future. Mr. Babin. OK. Mr. Gerstenmaier. So the purpose of that was to allow them to essentially experiment with revenue-generating options and concepts moving forward, and we didn't take things away. We made available to them 5 percent of the available time on ISS, and that 5 percent we can remove from our other activities and move forward so we still protect our basic research, we still protect the fundamental research needed for exploration and human health and other aspects. Mr. Babin. OK. Will revenue derived from the ISS commercialization plan go back to the Treasury or will it stay with NASA? And what oversight will Congress and the taxpayer have on funds derived from the taxpayers' significant investment in the ISS? Mr. Gerstenmaier. Again, our focus really isn't on capturing revenue. Mr. Babin. OK. Mr. Gerstenmaier. The intent is to allow them to experiment---- Mr. Babin. Sure. Mr. Gerstenmaier [continuing]. And then later in the future where they now have their space station to serve other purposes other than the government's purpose, then we're one user of many. Then we're buying from a larger service, and that lowers our cost for future activities. But the intent is not to generate revenue from ISS. Mr. Babin. I understand. And, Mr. Martin, recent reports from your office have highlighted the need to develop new spacesuits both for future use in the microgravity environment of LEO for extravehicular operations and for future deep space missions and surface operations. Our current extravehicular mobility units were designed in the late 1970s, but astronauts have nearly drowned from water leaking into their helmets, and the current astronaut corps would very much benefit from a larger variety of suit sizes. Future spacesuits for surface operations were postponed years ago after a contract protest and deferments under the previous Administration. How important is the ISS for NASA's testing of the next generation of spacesuits? Mr. Martin. It's critical. It's critical for testing the EMUs (Extravehicular Mobility Units)---- Mr. Babin. OK. Mr. Martin [continuing]. And I think NASA has a plan to get the next--it's called the xEMU suit up on station by 2023. Mr. Babin. OK. Great, thank you. Good news. And then, Mr. Stallmer, recent IG (Inspector General) reports and a report from the Science and Technology Policy Institute were pessimistic about the potential of the private sector offsetting government's funding in LEO. Can you comment on the private sector's perspective of LEO commercialization, and is this something that the private sector could provide private capital for or does the private sector see this as another opportunity for more government money? Mr. Stallmer. Yes, I saw that report, and I somewhat disagree with the assessment, the pessimism of what markets are there. As we were talking about offsets, I don't think the station was designed as this economic engine, you know, for--in low-Earth orbit. It started off as a scientific platform. But I do see the investment that the private-sector community is making. For instance, the Space Angels network, which is--started off as a small group of small investors into space making minimal--smaller investments is now over 200 individual investors that are investing in these companies that are going to be doing work on the International Space Station. So I don't see a trend of companies coming up to the Hill to ask for more and more money for the station. I think it's what we're looking for is stable policies that we know that we can work within the boundaries of the space station. So---- Mr. Babin. Excellent. Thank you. Thank you very much. And, Dr. Gabrynowicz, NASA's plans allow for private astronauts on the ISS. Current law allows for government astronauts under the current statute. What is a private astronaut under the current statute, and what are the differences in these names from a practical perspective and also from a legal perspective? Dr. Gabrynowicz. Thank you. Well, as the designations indicate, a government astronaut is an employee of the Federal Government, and as such, there are legal rights and privileges that astronauts have as well as restrictions. It's roughly analogous to being a member of the military. You have certain rights and obligations that a civilian does not have. A private astronaut would not be a government employee. Their relationship would be based on for whom they work or if they work for themselves, at whose direction are they taking instruction. Are they acting as an agent for an entity? And therefore that person's rights and obligations are going to arise from that relationship. But then there's the additional overlay that if you have a private-sector astronaut who is a nongovernmental actor, then ultimately the United States is responsible for that astronaut anyway. There's that additional overlay. And I just want to give you a little background as to why that responsibility exists because it's very important to the United States' values. When the Outer Space Treaty was being negotiated, it was the position of the Soviet Union that only nation-states were legitimate space actors. And of course the United States couldn't agree to that and said no, private entities are also legitimate state actors. Well, a compromise was made between the Soviet and the American position, and that compromise was that nongovernmental space actors will be authorized and continually supervised by the Nation that is party to the treaty. So that supervision, that authorization is the source of the right of the private sector to be in space. And the flipside of that coin is because they have to be authorized and continually supervised, they are--the United States is internationally responsible for them. So that responsibility goes hand-in-hand with American values of private activity. Mr. Babin. Absolutely. Thank you. Very fascinating. I appreciate it. I yield back. Chairwoman Horn. Thank you very much. And thank you, Dr. Babin. I think one of the things that is clear from the questions from me is that you ask many of the remaining questions I had that are very important, although there are more that--these are clearly very much a bipartisan issue in the best interest of NASA. And the Chair recognizes Chairwoman Johnson for 5 minutes. Chairwoman Johnson. Thank you very much. In line with the questioning that just happened, Professor---- Dr. Gabrynowicz. Joanne. Chairwoman Johnson [continuing]. Gabrynowicz, as we consider the Administration's proposal for the ISS commercialization, I was struck by your statement that there are legal and economic forces at play that can expose the U.S. Government and the U.S. taxpayer to substantial recurring and long-term obligations that can result in hard-to-quantify financial obligations. What do you think are the most significant potential financial obligations that need to be considered before we sign off on NASA's commercialization proposals? And what legal risk are we should be concerned that the U.S. Government might be assuming? Dr. Gabrynowicz. OK. The--I cannot speak to what are the most significant risks. Those are engineering and science questions. And I would have to direct you to speak to the engineers and the scientists who would tell you where the risk is, what can go wrong in terms of science and engineering. In terms of what the United States would be responsible for, again, this is why it's unknown. This is all going to be very fact-dependent on what happens when, where, and what the results are. As I'm sure you're aware, the elements in--of the space station are registered by the nations who put them in there, so if you're in the American--one of the American modules and you go to the Japanese module, you're going from a place where U.S. national law applies to a place where Japanese law applies. They're like little tiny embassies. Well, not so tiny; they're pretty big. But it's going to be very--they make great hypothetical questions on my exams because it's very fact-dependent as to what the U.S. has to be prepared for. But the bottom line is there must be the awareness that under the Outer Space Treaty the United States is internationally responsible for whatever that fact pattern may arise to be. And under the International Space Station Agreement, the obligations will continue after transfer unless there is a new agreement reached with the partners that supersedes the current International Space Station Agreement. Chairwoman Johnson. Thank you very much. Mr. Gerstenmaier, reducing the risk of human missions to Mars and other destinations have long been a prime justification for continuing operations for the ISS. Mr. Martin's prepared testimony notes that there are a series of human health risks and technology gaps required for future missions to the moon and to Mars that will not be completed on the ISS by the mid- 2020s. At the same time, NASA's low-Earth orbit commercial development plans propose providing commercial entities access to NASA's available crew time, power, and other resources that otherwise could be used to make progress on the human health and technology research. Given the limited life of the ISS, how do you justify using NASA's constrained ISS resources to try to stimulate commercial activities such as space tourism and marketing rather than using these resources to reduce the risk of human missions to Mars? Mr. Gerstenmaier. We are very focused on reducing the risk associated with Mars both technically and also from a human physiology standpoint. That is our primary focus. We're spending a lot of research time on both of those activities. But what we've done is we've created this 5 percent piece beyond that of which we can allow this experimentation and commercialization. We think that's important because then at some point this station will wear out. We've identified a long- term need for us to do this technology development and research in the future. We're going to need some other facility to do that. What we'd like to do is not be in the position where NASA and the U.S. Government have to build that facility. We would like to be able to use a private facility. So we think this small portion at a the time being available to prepare for that future allows us to ensure that we can keep a research facility in low-Earth orbit to investigate the technology into human factors we need to get ready to go to Mars. Chairwoman Johnson. Thank you very much. My time is expired. Chairwoman Horn. Thank you, Madam Chairwoman. The Chair now recognizes the Full Committee Ranking Member Lucas for 5 minutes of questions. Mr. Lucas. Thank you, Madam Chair. Mr. Gerstenmaier, let's step back and look at a broader perspective. NASA recently released summaries of the private sector's low-Earth orbit commercialization plans. Did NASA learn anything from these studies that it did not expect? Were you surprised by anything? Mr. Gerstenmaier. Yes. I think the takeaway that we saw from the plans was the diversity and the options of what the companies thought. For revenue generation, what they thought the cost would be associated, there were a lot of differing opinions from their perspective of what they saw the benefits of space research were. So I think the diversity of the responses we got surprised us. We thought they would be more aligned in one specific area, so that's why we pursued this five-point plan---- Mr. Lucas. So I assume that was a pleasant surprise then? Mr. Gerstenmaier. It's interesting because--but it's hard for us now to pick then a concrete path to go forward from those studies. Mr. Lucas. Along that line, Mr. Gerstenmaier, in 2015 we saw reports that the Russians intended to detach their modules in 2024 to form their own habitat in low-Earth orbit. If in the event this were to happen, how should the U.S. engage its international partners? And along with that, would a Russian departure from the ISS require further U.S. investment in ISS to keep it running without a Russian segment? Mr. Gerstenmaier. I think that's an interesting hypothetical discussion. There's lots of dependencies between the Russian segment and the U.S. segment. We provide power to them, we provide--approximately 1,000 commands a day to go through USS--U.S. assets, and those are Russian commands going to their side. So I think in reality we're going to have to stay together as an international partnership whether we really want to or not. And we can talk about things hypothetically, but in reality we're part of the international partnership that needs to work together, and we'll continue to work together in the future. Mr. Lucas. So we're hooked at the hip then? That makes sense. Mr. Stallmer, does maintaining a presence in low-Earth orbit necessarily mean the presence must be a NASA presence or could American companies maintain that presence? And along that line, does maintaining any sort of crew presence in low-Earth orbit necessarily mean maintaining a presence on the ISS in particular? Mr. Stallmer. Sir, I think it's both. I think that NASA should retain a permanent presence in low-Earth orbit, but I think there's also a commercial element as we're seeing private-sector habitats being developed and potentially private space stations being developed. I think you can't have it both ways. I think the commercial sector will provide services, and I think NASA eventually will be a customer of those services. So I think it's a good balance that we have to look forward to. Mr. Lucas. Thank you. And, Madam Chair, using my precious time precisely, I now yield back the balance. Chairwoman Horn. Thank you, Mr. Ranking Member. The Chair now recognizes Mr. Crist for 5 minutes. Mr. Crist. Thank you, Madam Chair. And thank you, panelists, for being with us today. I think we can all agree that performing research in microgravity is critical to achieving scientific and technological advances, which is why I support an extension of space station operations beyond 2024. However, there will eventually come a time when the station is no longer usable simply because it has reached its operational lifespan. Mr. Gerstenmaier--and I apologize if I mispronounced it-- when this occurs, what do you envision for the future of microgravity research? Specifically, do you see the need for some sort of national space-based lab to support research and development beyond the useful life of the space station? Mr. Gerstenmaier. Yes, in the plans we provided to commercial industry, we identify what we believe is NASA's long-term needs for space research. And included in that is a continuation of doing research for NASA's needs, both technology development and also microgravity research. Mr. Crist. Thank you. Again to you if you don't mind, I assume that increased commercialization of low-Earth orbit will result in additional traffic to and from the station. Can you discuss NASA's plan for space traffic management under a commercialized low-Earth orbit situation? Mr. Gerstenmaier. Even today, we have a visiting vehicle specification that essentially defines the operating environment around space station. So we have certain zones where vehicles can transit and come into, but they need authority to come into those, so there's a very methodical approach of how we do vehicle traffic management in a way almost similar to an airport here terrestrially but it's around space station. I propose we would use that same kind of thing in the future for another space station or the space station as it moves forward. But it's becoming a very busy environment for us, and the monitoring and activities of the folks at the Johnson Space Center are critical for those---- Mr. Crist. Thank you, sir. Mr. Stallmer, as you know, NASA announced last month that it will allow two flights to the space station each year for private astronauts. Do you believe it's feasible to begin these flights with an all-commercial astronaut crew, or would it be better to start with missions that include both NASA and private astronauts to help build and establish this market? Mr. Stallmer. I think it would be the latter. I think using NASA astronauts as well as commercial astronauts is a prudent approach. I think we're seeing in many different markets--later this year, we're going to see Virgin Galactic and Blue Origin large commercial astronauts in a suborbital fashion. And of course with the Commercial Crew Program coming online I think it's going to increase the access to utilization of the space station. I think it's a great way of NASA leaning forward to try to greater utilize the International Space Station for commercial astronauts and the science they can do. I think if you look at it from a research perspective, if the private company pays for that astronaut to go up to the International Space Station and conduct studies, I think that's part of the economic engine that we're looking to develop from generating more revenue from the space station. So I think it's a very prudent approach by NASA. Mr. Crist. Thank you. And then my last question for any of the panelists, what in your opinion can NASA do to help encourage a commercial astronaut transportation market? If you have an opinion. Mr. Stallmer. For NASA to encourage the greater utilization of commercial astronauts? Mr. Crist. Yes, sir. Mr. Stallmer. I think it's--to highlight the opportunities for the science that is up there. I think when we see some of the breakthrough technologies--and NASA has done a great job of showcasing the breakthrough technologies that have been developed on the International Space Station. But if companies can see this as a platform for research, whether it be pharmaceutical research or, as the Australians were talking about, having--to be able to consume beer in space, you know, and they're working on that diligently, or if it's just the technology to hit a golf ball 10 yards further I think, you know, understanding the technology that microgravity offers, it's limitless on what we can do. So I think as NASA and the partnership with commercial sector I think working together to promote that and the possibilities, I think that's what's going to really encourage this market to grow. Mr. Martin. I guess a note of caution just to point out that any--at least the initial steps of commercialization of low-Earth orbit is heavily subsidized by NASA, so the figures, the cost figures that NASA put out, the $35,000 a day for an astronaut or $1 million for a 1-month stay, that's extremely heavily subsidized almost as a loss leader to get--to entice and encourage the market. Mr. Gerstenmaier. There's a few interesting biological things that we've seen on station I think that have tremendous benefit. One is a lab--it's called essentially lab on a chip or biology on a chip. It turns out that, for whatever reason, some functions happen faster in space like immune system degradation, et cetera, so there's an idea that you can actually take liver cells, which are used to determine whether a pharmaceutical product will be toxic to you or not, in the microgravity environment because those processes are speeded up, it would typically take a year to get results on the Earth, can occur in several months on station. So we think there's a huge benefit potentially for pharmaceutical companies to bring drugs to market faster by doing this lab-on-a-chip kind of technology on station. We're also looking at 3-D printing of organs in space. Because there's no gravity, you don't have to have any material to make the organs actually resist gravity, so now you could actually print essentially organs of much larger size. So the idea is for us to expose the private sector to these interesting innovative ideas that are transformative and then let them take that through their ingenuity and innovativeness and then turn that into a marketable product to move forward. But those are some of the aspects that are very intriguing. Mr. Crist. Thank you. I yield back, Madam Chair. Thank you. Chairwoman Horn. Thank you, Mr. Crist. The Chair now recognizes Mr. Brooks for 5 minutes. Mr. Brooks. Mr. Stallmer, the national lab is a key driver of private activity on board the International Space Station. What setbacks have you seen or experienced that have held back the commercialization of low-Earth orbit, ISS activities? Mr. Stallmer. I wouldn't say setbacks per se, and I'm sure others can speak to technical setbacks that they may have had. I see more of opportunities. I think from a timeline perspective certainly the funding questions and the timeline with the extension, streamlining some of the policies that we're looking at in some of the space policy directives on streamlining policies, that's been slower than we would hope for. But from a more optimistic perspective, I see the progress that commercial industry has made. When I--one of the reports was cited that were pessimistic of the growth of, you know, on commercial industry. I also read a report about 10 years ago that was pessimistic about reusable launch vehicles, and 5 years later we had reusable launch vehicles. And now we have over 22 vehicles that were launched and reentered the Earth's atmosphere, and we're reusing them again, reducing the cost to access to space. I see the growth in industry from what companies do-- startup companies, whether it be electric propulsion, you know, for satellite--small satellite boost or the things, you know, that are going on in the space station, companies like Techshot and Space Tango about this manufacturing human cells and things of that nature. So will there be setbacks and have there been? Absolutely, and there's different timetables. And I think we're moving at an aggressive pace, but I think we need to as a Nation. I think we--for 50 years, as we celebrate Apollo, you know, next week and what we've done over the past 50--what we did 50 years ago, I think it's a little disappointing what we've done in the last 50 years, not--the space station is a remarkable modern marvel, and I'm not knocking that at all, but I think as a Nation we can do better. I think we can do a lot better. And I think--and I know the commercial sector will be helping do that. Mr. Brooks. This is a question for any who wish to opine on it. In your judgment, either in percentage terms or dollar terms, how much of a taxpayer subsidy is there for commercialization at the International Space Station? Mr. Martin. Over the past 12 to 14 years NASA has invested approximately $17 billion to help the commercialization of both cargo transportation and crew transportation. That does not mean that the companies involved in both of those enterprises also don't have skin in the game. They have significant resources but $17 billion investment in that. As we've all indicated, it costs upwards of $3 to $4 billion per year to maintain and operate the station, so, as you can see, significant subsidies. Mr. Brooks. My hometown is Huntsville, Alabama. We like to call ourselves the birthplace of the American space program. And, as such, I've heard projections but rather optimistic on occasion that we're just around the corner from having commercialization of space that does not involve much in the way of taxpayer subsidies either by our country or others as the case may be with a joint facility like the International Space Station. What needs to be done to truly make commercialization a solely private venture? Is there anything Congress can do where we can eliminate these taxpayer subsidies of these private efforts? Mr. Stallmer. I think when you categorize it as subsidies I'd like to look at more of the advancements that the government assistance has created. And, as we see, you know, for instance, on the commercial cargo program, with the government--you know, the investment that the government has made on that program coupled with the investment of these private companies, we now have two fully capable launch vehicles that are providing routine access and routine, you know, resupply to the International Space Station. So to put a price tag on that investment, well, now we have, you know, these two vibrant companies that are providing services, as well as a--that we're going to see cargo with Boeing and SpaceX later--I'm sorry, crew with Boeing and SpaceX later this year. The U.S. dominates the global commercial marketplace now. You could not say that 10 years ago where we had less than 10 percent of the global market. So now the U.S. industry, on launch, on small sat, on spacecraft, we are the dominant leader. So whatever that number of investment that the government has made I think it has paid, you know, tremendous dividends to the American public, and I think it will continue to pay that with the investment that we have in the International Space Station. Mr. Brooks. Thank you, Madam Chair. I yield back. Chairwoman Horn. Thank you, Mr. Brooks. The Chair now recognizes Congresswoman Hill for 5 minutes. Ms. Hill. Thank you so much, Madam Chair. Mr. Gerstenmaier, earlier this year, NASA and partners work to upgrade the batteries on the International Space Station to provide greater efficiency and power to the growing number of users on the station, as well as to prepare for continued upgrades in the years ahead. This is just the latest example of ongoing efforts that have been made to continue to improve ISS based on new technologies and grow its capabilities. What other efforts is NASA taking to improve power, life support systems, and other elements to ensure that ISS continues to support astronauts and science needs for the years ahead? Mr. Gerstenmaier. Today, we're actually testing the next generation of life support systems that will be used potentially on journeys to Mars, so they're much more efficient from a water-use standpoint, recycling carbon dioxide. We've also just recently increased the bandwidth coming down from space station to 600 megabits per second. That is now the standard every day, and we've increased the number of video channels coming down so we can do more interactive and virtual- reality activities with space station. So those are some of the examples of the improvements. And we have more battery upgrades coming this fall. Ms. Hill. Great, thank you. Also, Mr. Gerstenmaier, as you know, the Senate has voted repeatedly to extend the ISS through at least 2030, and the majority of the House voted for a similar provision last year. As this issue comes up again in the new Congress, how important is certainty of ISS extension to you, our international partners, and other users as they plan for crewed missions and experiments in the years ahead? Mr. Gerstenmaier. We just had a discussion on how we could help commercial industry transfer or take over more of the role in low-Earth orbit. I think that's very difficult to predict exactly when that's going to occur. I think that timeframe is going to be hard. It's going to take longer to create a new economy than I think we've envisioned, so I think we need to be careful we don't set an arbitrary or artificial deadline. We need to essentially provide some certainty so industry and the commercial sector can understand what's coming in the future, they can plan for that, and then they can move forward. So I think getting a plan of how that moves forward and when that occurs, then we have a chance of envisioning this world where the commercial sector is taking a larger portion of the cost associated with low-Earth orbit. Ms. Hill. And right now, we don't have that certainty or that plan of transition? Mr. Gerstenmaier. No, we have varying numbers depending on where we talk, between what Congress says, the Administration says, what NASA's plans are, et cetera, I think some certainty about that. But again, not setting an arbitrary deadline but maybe more setting criteria such that we don't create this gap that was talked about earlier. Ms. Hill. Right. Mr. Gerstenmaier. The gap would be unacceptable, but we need some plan to do that. Ms. Hill. Right. And, Mr. Martin and Mr. Gerstenmaier, I understand that NASA and partners have already worked to certify the ISS for use through at least 2028, and these studies indicated that its lifespan could extend well into the 2030s. Can you talk about the status of these studies and what other steps NASA is taking to ensure that ISS can be extended and healthy for many years? Mr. Gerstenmaier. We've done the structural studies through 2028. We've done other studies. These improvements I talked to you about earlier, those are all part of essentially allowing us to do more with station. These life support systems we're checking for the future, actually allows us to have more crew on board station. The thing that we've got to weigh again is, you know, we are spending money in low-Earth orbit that we could be spending in deep space, so we need to make sure that we have the right balance between those two moving forward. Mr. Martin. And I guess I would emphasize that these are opportunity costs. If you continue the station for any number of years past 2024, that is approximately $3 to $4 billion you don't have available to pursue other exploration goals such as lander developments, such as Gateway, such as preparing and bending metal for moving to Mars, so it is a--it's a choice. No one disputes that the ISS is just a critical element up there, but it's a question--again, absent substantial and sustained funding increase for NASA. Ms. Hill. Got it. Well, thank you all so much. I really appreciate it, and I yield back. Ms. Horn. Thank you. Thank you, Congresswoman Hill. The Chair now recognizes Mr. Posey for 5 minutes. Mr. Posey. Thank you, Madam Chair. Mr. Gerstenmaier, what are the main cost drivers for the $3 to $4 billion operational cost of the ISS? Mr. Gerstenmaier. The major cost driver is crew and cargo transportation to and from ISS, and it's about the $1.8 billion of the $3 billion that---- Mr. Posey. OK. Which factors affect the shelf life of the ISS? Mr. Gerstenmaier. Again, I think we've been doing a pretty remarkable job of maintaining station and upgrading systems and components through use of our crews and astronauts and engineering expertise. There are some components structurally that may wear out over time, and we need to watch those and monitor those, but we're actively tracking those and then looking on a---- Mr. Posey. What kind of components would they be? Mr. Gerstenmaier. They'd be some of the truss elements, some of the large structural pieces. Solar rays will need to be replaced at some point and augmented, and we have plans to do that. Mr. Posey. OK. Could the ISS be mothballed? Mr. Gerstenmaier. Space station is designed to be crew operated, and so a lot of the systems really require a crew presence on board station, so essentially shutting station down and removing crew for an extended period of time would make it very difficult to ensure that we could bring the station back up when crew came forward or crew were available in the future. So it's not easy to essentially stop operations without the crew. We need to keep the crew presence on board station to keep the vehicle maintained. Mr. Posey. Would it be feasible even remotely to relocate the ISS, say, to an orbit around the moon? Mr. Gerstenmaier. We've looked at that. It's attractive but physically it just doesn't seem practical. The amount of energy to do that isn't there. The number of orbits if you even have low propulsion, you'd have to circle through the Van Allen belts multiple times over multiple months. And then by the time you get there, it's not physically possible to maneuver large pieces of station. You might be able to deconstruct and use small pieces of station, but generally, you're probably going to want to use those small pieces in the same roughly inclination orbit that space station is in today. Mr. Posey. OK. Mr. Martin, you mentioned that we've invested about $17 billion in the ISS. Mr. Martin. Seventeen billion in commercial cargo and crew transportation. Mr. Posey. OK. Mr. Martin. Significantly more in the ISS, upwards--the number is--what you're counting, but it could be $80 to $100 billion over the 21-year life of the station. Mr. Posey. OK. What kind of investments have our partners made? Mr. Martin. The international partners pay for approximately 23 percent of annual station costs. Mr. Posey. OK. Mr. Stallmer, from an industry perspective, how has the public-private partnership benefited the ISS and LEO missions? Mr. Stallmer. I think it's greatly contributed. Companies like NanoRacks has invested $40 million. I think they're one of the larger investors on the International Space Station creating--they will be developing their own airlock for the International Space Station. I think that's going to be delivered in 2020, in that timeframe. So I think they're--you know, again, when you talk about--the numbers that Mr. Martin is talking about, yes, it is a large contribution, but I think it's what the vision of NASA is. Was NASA designed to be, you know, an economic driver or was it designed to be an agency for exploration? And I think we've got to look at what our priorities are and what NASA's priorities are in working with the commercial sector on this. And I think the partnership with--that NASA has had over the past 2 decades working with the commercial industry, the information sharing and the service sharing that we've had, I think it's only going to grow, so I'm very optimistic about that. Mr. Posey. How do you think the relationship could be improved? Mr. Stallmer. The--I think just the communication on the pricing, the stability on pricing, as they've recently released. I think--I think greater access--I think once we're able to launch American astronauts from American soil on American vehicles, I think that that type of partnership that's going to open up of having routine access to space I think we're going to see a lot more opportunities. I was inspired by Scott Kelly's book Endurance and what it took for a year on the space station and the challenges that they had and routine challenges, just regular preventive maintenance they need to do. And I think having this commercial access and not being dependent on a foreign nation to provide our astronauts access to space at, you know, rather large rates and the cost savings that will have, I think is going to greatly enhance the capabilities that the commercial sector and NASA can greater partner with. But I think we have a very good partnership, and I think Mr. Gerstenmaier's leadership has been outstanding on that front. Mr. Posey. Thank you. Thank you, Madam Chair. Chairwoman Horn. Thank you. Thank you. The Chair recognizes Mr. Olson. Mr. Olson. I thank the Chair, and welcome to our four expert witnesses. One thing we all agree upon, the activities of the ISS must keep going and expand in the future. We can't go back one step back. We can't do that. The question is without its future be the ISS, some expansion, some new experiment platform, maybe something here on the moon or something based on the moon? We avoid human debris fields for sure, but that's very expensive. And so, regardless, the International Space Station has been a great asset. I want to remind everybody what this space station has done. Every single day since November 2, 2000, we've had a human being in orbit on the International Space Station 230 miles above our planet. And in fact our two honored guests over there, these two amazing ladies weren't born when the station went into orbit and became active, but we're here to make sure you have a space station or something like that to go to when you walk on the moon or walk on Mars and wave to us and say, hey, Energy Committee there, Science, Space, and Technology Committee, I'm on Mars, I'm on the moon. We all know, too, the ISS has done great wonders, great experiments we can't do here on Earth. A couple of examples, the Alpha Magnetic Spectrometer, AMS, it's been up there since 2013, and it may have discovered the start of dark matter. As you all know, most of our universe is dark matter, and that's a huge benefit for human life. Also, as you guys talked about, the benefits for human health that we've learned through the International Space Station, for example, learning how to deal with muscle atrophy, also bone density loss and fluid shifts and just what we've learned, we've learned that Scott Kelly can now call his twin or could call his twin Mark shrimp for a few weeks because Scott was 2 weeks taller than Mark when he came back home after almost 1 year in space. I want to talk about going forward and making sure we keep this in International Space Station. That means we have a plan to stop fly or something by 2024 right now that could be extended. I want to ask the question of all of you starting with you, Gerst. How are our international partners engaged in this--do they want us to extend it, how long, what will they pay? I mean, again, we've got Japan, China, Russia, America, including the Republic of Texas, European Space Agency, Belgium, Denmark, France, Germany, Italy, Netherlands, Norway, Spain, Sweden, Switzerland, United Kingdom, all these nations are involved right now in the Space Station. How are they going forward with our plans? Do they want to go to 2024, longer, and what will they put up to help us go make those things happen? Mr. Gerstenmaier. I think in general the international partnership wants to continue using station. They see it still as a resource that has plenty of life in the future, and they want to continue to use it. There's a European ministerial at the end of this year, in November of this year, and at that time we should see a formal position from the European Space Agency (ESA) about their position of using station beyond 2024. Mr. Olson. Mr. Martin? Mr. Martin. Again, just a caution, every space agency, like every government, has a limited budget, so ESA's budget, while significant and important to maintenance of the International Space Station, is much, much smaller than NASA's. I've--from what I've read, they've shown some interest in being part of a Chinese--a planned Chinese space station set to launch and begin construction in 2022. I just don't know that their budget is large enough to continue their current commitment to the ISS past 2024, as well as partake in perhaps the Artemis mission with the U.S. or the Chinese space station activities. Mr. Olson. Mr. Stallmer? Mr. Stallmer. The United States is the global leader in space, and I think we need to continue to be that way. I think the international partnerships that we have on the space station are critical and most necessary, and I think we should continue to engage our global partners. But do keep in mind when you walk around the United States, the Republic of Texas, all over the world you see people wearing NASA T-shirts. It's a brand. You don't see people wearing other space agency--the Polish Space Agency or anything else, T-shirts. So I think that's critical to keep in mind. The leadership that NASA provides the world is imperative. Mr. Olson. And not to butcher your name, but Dr. G, any comments on---- Dr. Gabrynowicz. That's what my students call me. Please feel free. And as a Gabrynowicz, I do not like you dissing the Polish Space Agency. Mr. Stallmer. I only do that because they're one of the newest space agencies around, and I don't know---- Dr. Gabrynowicz. OK. Mr. Stallmer [continuing]. What their logo is, but I'm fully supportive of the Polish Space Agency and all global space agencies, except for two. Dr. Gabrynowicz. OK. Coming from a space law perspective, the reason why we have the Outer Space Treaty and other treaties is because the world faced its worst fears at the time, placing nuclear weapons in space. And people forget that the Outer Space Treaty prohibits putting nuclear weapons in space, which makes it one of the most important treaties of the 20th century. But the treaty also provides for our highest aspirations-- that space is dedicated to peaceful purposes for all humankind. When the space station was first proposed by President Reagan, it was the height of the cold war. The Soviet Union was our enemy, and then a funny thing happened on the way to the space station. The cold war came to an end and the Soviet Union became the Russians and the Russians became a partner, and now here we are in the era of globalization. And we've had a space station for 30 years in which we have learned how to work together with one another. And each country that is in that station is making a commitment--financially, technologically, and otherwise--that, relative to their assets, is just as great as what the United States provides. And I would point out that Canadarm is a fantastic example of that. The Canadarm in terms of dollars is a relatively smaller contribution than some of the other bigger elements, but we would not have a space station without the Canadarm. So I think we need to think of the space station in terms of quality as well as quantity, and the quality of the relationships we have with 15 other nations through the International Space Station Agreement is not to be understated. Mr. Olson. I'm aware of my time, Chairwoman. I thank you so much. I want to remind you, though, there's a special countdown happening right now around Johnson Space Center in Houston, Texas. It's T minus 94 days and counting until the Texas Longhorns repeat and beat the Oklahoma Sooners. They boom them in Dallas, Texas. I yield back. Chairwoman Horn. I think you're being overly optimistic. And let's just be clear, it's OU-Texas, not Texas-OU for all of the Texans in the room. See what you started, Mr. Stallmer, you know, Polish Space Agency. Of course, Mr. Olson, thank you. Thank you very much. The Chair recognizes Mr. Waltz. Hopefully, the Floridian won't cause quite as many problems as our Texan over here. Mr. Waltz. Well, I do have to say thank you, Madam Chair. And we've heard a lot about Alabama is the home of space and the Republic of Texas, but I think we all know where space DNA really resides, which is in Florida and excited to celebrate the 50th anniversary of Apollo 11 coming up. So a lot of discussion today around the international aspects of the ISS. I am very focused also as a Member of the Armed Services Committee on what the Chinese in particular are doing in space. I think it is always worth remembering and reminding that the Chinese military is behind every major component of what the Chinese are doing in space, whether that's in their new space station or if they have manned research station on the moon. I put research in air quotes--on the moon. And that basically everything that NASA has done going forward or looking backward has not been in the same type of competitive and potentially hostile environment that we will look at going forward. So I think we all agree that American and NASA leadership in space must continue. We must maintain a low-Earth orbit. And please interject if you disagree that we must maintain LEO and we must maintain a presence and particularly if it's a competitive space going forward. But the disconnect seems like the white elephant in the room is whether this plan will actually work with commercialization and whether it will work in the timeline. And I'm hearing from the Inspector General some skepticism. Is that fair to say, that the plan will actually work to be able to take on that O&M budget of operating the space station in the timeline proposed? Mr. Martin. Skepticism is in an Inspector General's job description. Mr. Waltz. Sure. I know it's built-in. Mr. Martin. It is. It's a real concern. The $1.2 billion operation and maintenance annual cost of maintaining station. Mr. Waltz. Right. Mr. Martin. Correct. Mr. Waltz. So President Reagan put forward a plan approximately 10 years in advance. What is NASA's plan B? I've heard you ask when are we going to see that plan B that if the figures don't work and the private sector can't take it on, what's the decision point to extend beyond 2024, and then what's the decision point to extend beyond 2028 or to have a new platform in place? Mr. Gerstenmaier? Mr. Gerstenmaier. We have some time to decide for the new platform in place. That's not an immediate problem. I think we need to---- Mr. Waltz. What is the time, is it 6 years then? If it's not 10, then is it 5 years, 6 years? In the military we forecast, right? What's that decision point? Mr. Gerstenmaier. It's probably about 6 years out or so, so that would probably be 2030 kind of lifetime and then back that up 6 years. Mr. Waltz. Assuming the 4-year extension? Mr. Gerstenmaier. Yes. Mr. Waltz. OK. Mr. Gerstenmaier. Yes. And so--but I think the more important thing is we need some stability and understanding for the commercial sector so they can plan. I think it's also probably not appropriate to assume that the private sector is going to take over all the cost of the capability we have in low-Earth orbit, but we can reduce that cost by using the private sector where we're now--we're not the only agency taking people to space. The private sector is doing that on their own through private astronaut missions, et cetera. So we're one of many customers. That reduces our cost some amount. How much we reduce that cost is important to us. We don't--I don't think we can predict that, but we need to try to drive to that situation. What we need to avoid is we need to avoid the gap, as we discussed here, especially in light of the Chinese space station, which could be in orbit, a portion of it even as early as this year or next year. We need to make sure that we don't create a gap where we the U.S. don't have a facility in low- Earth orbit---- Mr. Waltz. Absolutely. Mr. Gerstenmaier [continuing]. And there's only the Chinese. Mr. Waltz. Absolutely. Hundred percent agree. Mr. Stallmer, in the time I have remaining, the FAA (Federal Aviation Administration)--switching tracks here. The FAA recently released a notice of proposed rulemaking regarding regulatory reform for launch and reentry of commercial vehicles. Obviously, launch is critical to everything we've discussed today with projections of getting up to 50-plus flights by 2021. What are your thoughts on how industry views the draft rules that are out? What needs to be addressed moving forward to enable American companies and private sectors to operate efficiently? Mr. Stallmer. That's a great question. In short, we have concerns. We have concerns. There is a directive put out that we're going to streamline, you know, the regulatory burden that a lot of the industry is facing. And I say burden. It's a burden because it hasn't been updated. The--what the launch industry was back in the mid-'80s is different from what the launch industry is today in 2019. There's more commercial launch vehicles than ever. We have, just for NASA alone, four vehicles, you know, that will be servicing the space station with reusability. So these issues need to be addressed, and I think with this rulemaking process I think the FAA really needs to hear-- especially the Office of Commercial Space Transportation really needs to hear what industry has to say on how their industry is being regulated. It has to--it can be so--it has to be performance-based rather than so prescriptive-based. And I think the FAA needs to work more with industry in understanding what their needs are. And we're trying to get there. We're trying to get there. We do have a deadline of July 30, which is closing in on us. Mr. Waltz. Madam Chair, if you'll indulge me, could you submit a more fulsome response for the record? Mr. Stallmer. I certainly can. Mr. Waltz. Thank you. Mr. Stallmer. I certainly can. Thank you. Chairwoman Horn. Thank you, Mr. Waltz. Mr. Weber. Mr. Weber. Thank you, Madam Chair. And as a card-carrying member of the Republic of Texas, regarding the Texas and Johnson's Space Center's preeminence, let me just say that my colleagues can feel free to express their confusion and lack of understanding anytime they want to. And, Madam Chair, without objection, I'd like that read into the record. I'm just saying. Mr. Gerstenmaier, when we partner with industry, how do we ensure that we don't take jobs away from our NASA facilities? Let me qualify that. My district, half a mile south of the Johnson Space Center has thousands of people that work in my district. It's huge for us as a country and national security, and I'll talk about that more. But how do we ensure that we don't take jobs away from NASA? And I like to think about the NASA T-shirt by the way. All you see is NASA T-shirts. Who was that other smaller space agency? Mr. Stallmer. I don't recall. Mr. Weber. Oh, you don't recall? OK. All right. For example, Boeing is subcontracting back to JSC to handle mission control for the Starliner missions. My district is home to many of those great NASA employees who work there, and some 50 percent of the JSC jobs are tied to ISS. So I think it's critical that we ensure that the commercialization of ISS will still model that of the Space Shuttle and ISS programs where integration, operations, and other activities are still done. Did I mention Johnson Space Center is close to me? So Mr. Gerstenmaier, how do we ensure that that happens, that we don't want those jobs to go away? Mr. Gerstenmaier. You know, again, I think the right role for NASA is to do the long-term research, technology, and exploration, so the activities around the moon, those kind of things that we don't really know how to do, to build the next generation of rocket engines, to build the next-generation of flight control strategies, those kind of things of how we operate independently from the Earth, those are the roles of the government to do that, to establish that first where doesn't make sense. We're building the heavy lift launch vehicle, as you know, the Space Launch System. There's not really a market for that if you look at that. That's really unique to what we need to do around the moon and other activities. But then once that market then comes behind it, then we can use the private sector. So I think the role of the civil servants are to do these really hard research, cutting-edge technology development that don't make sense at all for industry. It's good for the government to own that because then we can distribute that to industry as a whole and they can use that moving forward. So I think there's a strong role for the civil servants in the government to continue to do those research activities. Mr. Weber. Well, thank you for that. And, Mr. Martin, you said the Chinese space station is set to be operable 2022? Was that the year you said? Mr. Martin. I believe it's going to be--portions will be in orbit by 2020, Bill? Mr. Weber. Is it 2020? Mr. Martin. Yes. Mr. Weber. OK. Mr. Stallmer, I want to fix one thing that you said in your comments. You said that you think the U.S. needs to be the leader in space. The USA---- Mr. Stallmer. We--yes, sir. Mr. Weber [continuing]. Needs to be the leader in space. Mr. Stallmer. We are and we need to continue to be---- Mr. Weber. Yes. Mr. Stallmer [continuing]. Our leadership. Mr. Weber. Yes, thank you. I just wanted to point out. And then, Dr. G, discussing his dissing of the Polish Space Agency---- Mr. Stallmer. It was just noting another space agency---- Mr. Weber. OK. Mr. Stallmer [continuing]. That does not have T-shirts. Mr. Weber. It's no big deal, Mr. Stallmer. It's just something people are going to remember about you for a long time. Mr. Stallmer. I get hate mail. I get hate mail, I got to tell you. Mr. Weber. Yes, welcome to the club. Mr. Stallmer. Can you strike that from the record, Madam Chairwoman? Mr. Weber. And I appreciate you talking about the international agreement, no nukes in space, but I do want to point out military experts know that in any military conflict, whoever occupies the high ground has the upper hand. There is no higher ground than space. And so while I appreciate that in the words of nuclear nonproliferation or in terms of nuclear nonproliferation, I still want the United States of America to have preeminence in space. I absolutely do. And I remember a great one-liner from Senator Graham who said that if the lamb is going to lie down with the lion, we want America to be the lion. So space is important to us, we want to have that preeminence and make sure that we maintain that. A couple of small questions I have in my time left over. Mr. Gerstenmaier, you said that we had increased the bandwidth some 600 percent did you say? Mr. Gerstenmaier. The bandwidth is 600 megabits. Mr. Weber. Six hundred megabits. What was it? Mr. Gerstenmaier. It was I think about 100 megabits per second. Mr. Weber. So that's a substantial increase, so we're making progress. OK. Well, I appreciate all of you all being here to testify, and I will close by saying, Madam Chairwoman, let me wish you a happy belated birthday yesterday. Chairwoman Horn. Thank you. It was actually June, but thank you. Mr. Weber. OK. Madam Chairwoman, would you strike the comments from the record? Chairwoman Horn. I will be happy to. Mr. Weber. OK. Chairwoman Horn. You got the date right---- Mr. Weber. OK. Chairwoman Horn [continuing]. But so very close, and thank you very much. Mr. Weber. Thank you. Chairwoman Horn. I think we can all point to Mr. Stallmer as having started the trouble with his comments about the Polish Space Agency. I've got a couple more questions. I want to sincerely thank all of the Members on this Committee and all of the panelists. As you can tell, this is an issue that is critical. I know it's not news to any of you, but it's also an issue that is critical to all of us, that we are attempting to ask and frame these important questions about how we move forward, about how we avoid capability gaps in the future and in absence of a space station, in the absence of the ability to do research and exploration in low-Earth orbit. The issues surrounding certainty and the investment of our taxpayer dollars and how we get there, where is the role of an emerging commercial sector and how much we subsidize these priorities that are critical to all of us, as well as, Dr. Gabrynowicz, the legal structure and the legal questions that will inevitably face us because, Mr. Weber, I agree with you, absolutely, we absolutely have to invest and be intentional about maintaining our investment and our preeminence in space. It is important for our scientific advancement. It is important for our national security and for our commercial sector and our ability to move forward. So having said that, I've got just a couple more very quick questions before we close out this hearing that have been raised for me. Throughout the questions, I've seen a few themes from all of you and from all of us, the capability gap in the transition, how we navigate that and what the extension is, the need for certainty both from NASA and from the commercial sector for us to plan because space and complicated issues require ongoing planning, how we prioritize and where we have to make those hard choices about the pathway forward, and finally, the risk and the legal structure and the need to ask all those questions and for us to give authorization and put that into law on the legal side but also a framework. So, Mr. Martin, there's a question that I wanted to ask you about, the cost and the subsidies for commercial. And so my question is what is the percentage of subsidy as a part of the commercial LEO development plan? We've talked about different aspects of it, but can you speak to the percentage of NASA subsidy? Mr. Martin. You're talking about the newly released---- Chairwoman Horn. Yes. Mr. Martin. Eighty-five percent. Chairwoman Horn. Eighty-five percent, OK. And, Dr. Gabrynowicz, one additional question. When we're speaking about the U.S. Government responsibilities and legal obligations under the Outer Space Treaty and looking forward with commercial astronauts and other commercial entities, what level of ownership does the U.S. Government need to have in order to ensure sufficient oversight of a commercial space station? Dr. Gabrynowicz. That's not an answerable question at this point because the law doesn't speak in degrees. It speaks in principles at this point. Chairwoman Horn. Could you speak to some of those principles that need to be taken into consideration or used to create that legal framework then? Dr. Gabrynowicz. Well, regarding the Outer Space Treaty is the principle I raised about international responsibility. That is a principle that the United States Government is responsible for its nongovernmental space actors. The degree and kind of responsibility is going to be defined by what actually happens, and we don't--these would be cases of first impression, so we don't know what it's going to be. Then the other principle is in the International Space Station Agreement, which says even with the transfer of elements, the obligation of the partners still remains. So, again, that hasn't been done yet, so we're going to figure that out as we do it. But the principle is already there. Responsibility will continue to be--I'm sorry, rights and obligations will continue to be in force even after the transfer of elements. Chairwoman Horn. Thank you very much. Mr. Gerstenmaier, would you care to comment? Mr. Gerstenmaier. Again, I think her points are valid. I think it's--the rights and ownership responsibility of governments are important because it cuts the other way, too. If one of the other international partners want to remove, they can't remove themselves from their rights and responsibilities, so I think it's a good benefit both ways. Another thing we should talk a little bit about at some point is also the potential and maybe the role of the Commerce Department in some of these activities as we talk about economic development. We're not really an economic development agency. We're doing cutting-edge research and exploration. We're doing our best to move forward, but there may be a role for Commerce in this activity that should be thought about, as well as potential funding sources. Maybe it's not the burden of NASA to fund all this stuff. Maybe some of these transportation costs and other things may come from other areas of the government, but those should be discussed as well. Chairwoman Horn. Thank you for raising that point. Yes, there are very clearly issues surrounding commercial development in the Department of Commerce that this Committee and others will need to tackle moving forward. So, Mr. Babin, do you have further questions? Mr. Babin. I have no other questions except to say this has been a great hearing. I've enjoyed listening to the expert answers. Thank you for having this. I also want to say thank you to the Johnson Space Center folks that came up here to visit and get a little continuing education, and I'm proud of you for being here and all the great work you do back home. Thank you. I yield back. Chairwoman Horn. Thank you, Mr. Babin. And yes, thank you to all of our civil servants and the work that you've done. And thank you to our panelists. I agree; this is an important topic, and your insights were incredibly valuable as we tackle this critical issue about how we make the transition. And I want to thank the Committee, as well as all of the witnesses, for your participation and note that the record will remain open for 2 weeks for additional statements from the Members and for any additional questions the Committee may ask of the witnesses. And the witnesses are excused, and the hearing is now adjourned. [Whereupon, at 11:55 a.m., the Subcommittee was adjourned.] Appendix [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] [all]