[United States Statutes at Large, Volume 124, 111th Congress, 2nd Session]
[From the U.S. Government Printing Office, www.gpo.gov]


Public Law 111-267
111th Congress

An Act


 
To authorize the programs of the National Aeronautics and Space
Administration for fiscal years 2011 through 2013, and for other
purposes. <>

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <>

SEC. 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This <> Act may be cited
as the ``National Aeronautics and Space Administration Authorization Act
of 2010''.

(b) Table of Contents.--The table of contents for this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.

TITLE I--AUTHORIZATION OF APPROPRIATIONS

Sec. 101. Fiscal year 2011.
Sec. 102. Fiscal year 2012.
Sec. 103. Fiscal year 2013.

TITLE II--POLICY, GOALS, AND OBJECTIVES FOR HUMAN SPACE FLIGHT AND
EXPLORATION

Sec. 201. United States human space flight policy.
Sec. 202. Goals and objectives.
Sec. 203. Assurance of core capabilities.
Sec. 204. Independent study on human exploration of space.

TITLE III--EXPANSION OF HUMAN SPACE FLIGHT BEYOND THE INTERNATIONAL
SPACE STATION AND LOW-EARTH ORBIT

Sec. 301. Human space flight beyond low-Earth orbit.
Sec. 302. Space Launch System as follow-on launch vehicle to the Space
Shuttle.
Sec. 303. Multi-purpose crew vehicle.
Sec. 304. Utilization of existing workforce and assets in development of
Space Launch System and multi-purpose crew vehicle.
Sec. 305. NASA launch support and infrastructure modernization program.
Sec. 306. Report on effects of transition to Space Launch System on the
solid and liquid rocket motor industrial bases.
Sec. 307. Sense of Congress on other technology and robotic elements in
human space flight and exploration.
Sec. 308. Development of technologies and in-space capabilities for
beyond near-Earth space missions.
Sec. 309. Report requirement.

TITLE IV--DEVELOPMENT AND USE OF COMMERCIAL CREW AND CARGO
TRANSPORTATION CAPABILITIES

Sec. 401. Commercial Cargo Development program.
Sec. 402. Commercial Crew Development program.
Sec. 403. Requirements applicable to development of commercial crew
transportation capabilities and services.
Sec. 404. Report on International Space Station cargo return capability.

[[Page 2806]]

TITLE V--CONTINUATION, SUPPORT, AND EVOLUTION OF THE INTERNATIONAL SPACE
STATION

Sec. 501. Continuation of the International Space Station through 2020.
Sec. 502. Maximum utilization of the International Space Station.
Sec. 503. Maintenance of the United States segment and assurance of
continued operations of the International Space Station.
Sec. 504. Management of the ISS national laboratory.

TITLE VI--SPACE SHUTTLE RETIREMENT AND TRANSITION

Sec. 601. Sense of Congress on the Space Shuttle program.
Sec. 602. Retirement of Space Shuttle orbiters and transition of Space
Shuttle program.
Sec. 603. Disposition of orbiter vehicles.

TITLE VII--EARTH SCIENCE

Sec. 701. Sense of Congress.
Sec. 702. Interagency collaboration implementation approach.
Sec. 703. Transitioning experimental research to operations.
Sec. 704. Decadal survey missions implementation for Earth observation.
Sec. 705. Expansion of Earth science applications.
Sec. 706. Instrument test-beds and venture class missions.
Sec. 707. Sense of Congress on NPOESS follow-on program.

TITLE VIII--SPACE SCIENCE

Sec. 801. Technology development.
Sec. 802. Suborbital research activities.
Sec. 803. Overall science portfolio-sense of the Congress.
Sec. 804. In-space servicing.
Sec. 805. Decadal results.
Sec. 806. On-going restoration of radioisotope thermoelectric generator
material production.
Sec. 807. Collaboration with ESMD and SOMD on robotic missions.
Sec. 808. Near-Earth object survey and policy with respect to threats
posed.
Sec. 809. Space weather.

TITLE IX--AERONAUTICS AND SPACE TECHNOLOGY

Sec. 901. Sense of Congress.
Sec. 902. Aeronautics research goals.
Sec. 903. Research collaboration.
Sec. 904. Goal for agency space technology.
Sec. 905. Implementation plan for agency space technology.
Sec. 906. National space technology policy.
Sec. 907. Commercial reusable suborbital research program.

TITLE X--EDUCATION

Sec. 1001. Report on education implementation outcomes.
Sec. 1002. Sense of Congress on the Experimental Program to Stimulate
Competitive Research.
Sec. 1003. Science, technology, engineering, and mathematics commercial
orbital platform program.

TITLE XI--RESCOPING AND REVITALIZING INSTITUTIONAL CAPABILITIES

Sec. 1101. Sense of Congress.
Sec. 1102. Institutional requirements study.
Sec. 1103. NASA capabilities study requirement.
Sec. 1104. Sense of Congress on community transition support.
Sec. 1105. Workforce stabilization and critical skills preservation.

TITLE XII--OTHER MATTERS

Sec. 1201. Report on space traffic management.
Sec. 1202. National and international orbital debris mitigation.
Sec. 1203. Reports on program and cost assessment and control
assessment.
Sec. 1204. Eligibility for service of individual currently serving as
Administrator of NASA.
Sec. 1205. Sense of Congress on independent verification and validation
of NASA software.
Sec. 1206. Counterfeit parts.
Sec. 1207. Information security.
Sec. 1208. National Center for Human Performance.

[[Page 2807]]

Sec. 1209. Enhanced-use Leasing.
Sec. 1210. Sense of Congress concerning the Stennis Space Center.

TITLE XIII--COMPLIANCE WITH STATUTORY PAY-AS-YOU-GO ACT OF 2010

Sec. 1301. Compliance provision.

SEC. 2. <> FINDINGS.

Congress makes the following findings:
(1) The United States human space flight program has, since
the first Mercury flight on May 5, 1961, been a source of pride
and inspiration for the Nation.
(2) The establishment of and commitment to human exploration
goals is essential for providing the necessary long term focus
and programmatic consistency and robustness of the United States
civilian space program.
(3) The National Aeronautics and Space Administration is and
should remain a multi-mission agency with a balanced and robust
set of core missions in science, aeronautics, and human space
flight and exploration.
(4) In the 50 years since the establishment of NASA, the
arena of space has evolved substantially. As the uses and users
of space continue to expand, the issues and operations in the
regions closest to Earth have become increasingly complex, with
a growing number of overlaps between civil, commercial and
national security activities. These developments present
opportunities and challenges to the space activities of NASA and
the United States.
(5) The extraordinary challenges of achieving access to
space both motivated and accelerated the development of
technologies and industrial capabilities that have had
widespread applications which have contributed to the
technological excellence of the United States. It is essential
to tie space activity to human challenges ranging from enhancing
the influence, relationships, security, economic development,
and commerce of the United States to improving the overall human
condition.
(6) It is essential to the economic well-being of the United
States that the aerospace industrial capacity, highly skilled
workforce, and embedded expertise remain engaged in demanding,
challenging, and exciting efforts that ensure United States
leadership in space exploration and related activities.
(7) Crewmembers provide the essential component to ensure
the return on investment from and the growth and safe operation
of the ISS. The Russian Soyuz vehicle has allowed continued
human presence on the ISS for United States crewmembers with its
ability to serve as both a routine and backup capability for
crew delivery, rescue, and return. With the impending retirement
of the Space Shuttle, the United States will find itself with no
national crew delivery and return system. Without any other
system, the United States and all the ISS partners will have no
redundant system for human access to and from the ISS. It is
therefore essential that a United States capability be developed
as soon as possible.
(8) Existing and emerging United States commercial launch
capabilities and emerging launch capabilities offer the
potential for providing crew support assets. New capabilities
for human crew access to the ISS should be developed in a manner
that ensures ISS mission assurance and safety. Commercial
services

[[Page 2808]]

offer the potential to broaden the availability and access to
space at lower costs.
(9) While commercial transportation systems have the promise
to contribute valuable services, it is in the United States
national interest to maintain a government operated space
transportation system for crew and cargo delivery to space.
(10) Congress restates its commitment, expressed in the
National Aeronautics and Space Administration Authorization Act
of 2005 (Public Law 109-155) and the National Aeronautics and
Space Administration Authorization Act of 2008 (Public Law 110-
422), to the development of commercially developed launch and
delivery systems to the ISS for crew and cargo missions.
Congress reaffirms that NASA shall make use of United States
commercially provided ISS crew transfer and crew rescue services
to the maximum extent practicable.
(11) It is critical to identify an appropriate combination
of NASA and related United States Government programs, while
providing a framework that allows partnering, leveraging and
stimulation of the existing and emerging commercial and
international efforts in both near Earth space and the regions
beyond.
(12) The designation of the United States segment of the ISS
as a National Laboratory, as provided by the National
Aeronautics and Space Administration Authorization Act of 2005
and the National Aeronautics and Space Administration
Authorization Act of 2008, provides an opportunity for multiple
United States Government agencies, university-based researchers,
research organizations, and others to utilize the unique
environment of microgravity for fundamental scientific research
and potential economic development.
(13) For some potential replacement elements necessary for
ISS sustainability, the Space Shuttle may represent the only
vehicle, existing or planned, capable of carrying those elements
to the ISS in the near term. Additional or alternative
transportation capabilities must be identified as contingency
delivery options, and accompanied by an independent analysis of
projected availability of such capabilities.
(14) The United States must develop, as rapidly as possible,
replacement vehicles capable of providing both human and cargo
launch capability to low-Earth orbit and to destinations beyond
low-Earth orbit.
(15) There is a need for national space and export control
policies that protect the national security of the United States
while also enabling the United States and its aerospace industry
to undertake cooperative programs in science and human space
flight in an effective and efficient manner and to compete
effectively in the global market place.

SEC. 3. <> DEFINITIONS.

In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the National Aeronautics and Space
Administration.
(2) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--

[[Page 2809]]

(A) the Committee on Commerce, Science, and
Transportation of the Senate; and
(B) the Committee on Science of the House of
Representatives.
(3) Cis-lunar space.--The term ``cis-lunar space'' means the
region of space from the Earth out to and including the region
around the surface of the Moon.
(4) Deep space.--The term ``deep space'' means the region of
space beyond cis-lunar space.
(5) ISS.--The term ``ISS'' means the International Space
Station.
(6) NASA.--The term ``NASA'' means the National Aeronautics
and Space Administration.
(7) Near-earth space.--The term ``near-Earth space'' means
the region of space that includes low-Earth orbit and extends
out to and includes geo-synchronous orbit.
(8) NOAA.--The term ``NOAA'' means the National Oceanic and
Atmospheric Administration.
(9) OSTP.--The term ``OSTP'' means the Office of Science and
Technology Policy.
(10) Space launch system.--The term ``Space Launch System''
means the follow-on government-owned civil launch system
developed, managed, and operated by NASA to serve as a key
component to expand human presence beyond low-Earth orbit.

TITLE I--AUTHORIZATION OF APPROPRIATIONS

SEC. 101. FISCAL YEAR 2011.

There are authorized to be appropriated to NASA for fiscal year
2011, $19,000,000,000, as follows:
(1) For Exploration, $3,868,000,000, of which--
(A) $1,120,000,000 shall be for a multi-purpose crew
vehicle, and associated program and other necessary
support;
(B) $1,631,000,000 shall be for Space Launch System
and associated program and other necessary support;
(C) $250,000,000 shall be for Exploration Technology
Development;
(D) $155,000,000 shall be for Human Research;
(E) $300,000,000 shall be for Commercial Cargo;
(F) $312,000,000 shall be for Commercial Crew
Development activities and studies related to commercial
crew services; and
(G) $100,000,000 shall be for Robotic Precursor
Studies and Instruments.
(2) For Space Operations, $5,508,500,000, of which--
(A) $2,779,800,000 shall be for the ISS program;
(B) $1,609,700,000 shall be for Space Shuttle, to
support Space Shuttle flight operations and related
activities; and
(C) $1,119,000,000 for Space and Flight Services, of
which $428,600,000 shall be directed toward NASA launch
support and infrastructure modernization program.
(3) For Science, $5,005,600,000, of which--

[[Page 2810]]

(A) $1,801,800,000 shall be for Earth Sciences;
(B) $1,485,700,000 shall be for Planetary Science;
(C) $1,076,300,000 shall be for Astrophysics; and
(D) $641,900,000 shall be for Heliophysics.
(4) For Aeronautics, $929,600,000, of which--
(A) $579,600,000 shall be for Aeronautics Research;
and
(B) $350,000,000 shall be for Space Technology.
(5) For Education, $145,800,000, of which--
(A) $25,000,000 shall be for the Experimental
Program to Stimulate Competitive Research; and
(B) $45,600,000 shall be for the Space Grant
program.
(6) For Cross-Agency Support Programs, $3,111,400,000.
(7) For Construction and Environmental Compliance and
Restoration, $394,300,000.
(8) For Inspector General, $37,000,000.

SEC. 102. FISCAL YEAR 2012.

There are authorized to be appropriated to NASA for fiscal year
2012, $19,450,000,000, as follows:
(1) For Exploration, $5,252,300,000, of which--
(A) $1,400,000,000 shall be for a multi-purpose crew
vehicle and associated program and other necessary
support;
(B) $2,650,000,000 shall be for Space Launch System
and associated program and other necessary support;
(C) $437,300,000 shall be for Exploration Technology
Development;
(D) $165,000,000 shall be for Human Research;
(E) $500,000,000 shall be for commercial crew
capabilities; and
(F) $100,000,000 shall be for Robotic Precursor
Instruments and Low-Cost Missions.
(2) For Space Operations, $4,141,500,000, of which--
(A) $2,952,250,000 shall be for the ISS operations
and crew/cargo support; and
(B) $1,189,250,000 shall be for Space and Flight
Services, of which $500,000,000 shall be directed toward
the NASA launch support and infrastructure modernization
program.
(3) For Science, $5,248,600,000, of which--
(A) $1,944,500,000 shall be for Earth Sciences;
(B) $1,547,200,000 shall be for Planetary Science;
(C) $1,109,300,000 shall be for Astrophysics; and
(D) $647,600,000 shall be for Heliophysics.
(4) For Aeronautics, $1,070,600,000, of which--
(A) $584,700,000 shall be for Aeronautics Research;
and
(B) $486,000,000 shall be for Space Technology.
(5) For Education, $145,800,000, of which--
(A) $25,000,000 shall be for the Experimental
Program to Stimulate Competitive Research; and
(B) $45,600,000 shall be for the Space Grant
program.
(6) For Cross-Agency Support Programs, $3,189,600,000.
(7) For Construction and Environmental Compliance and
Restoration, $363,800,000.
(8) For Inspector General, $37,800,000.

[[Page 2811]]

SEC. 103. FISCAL YEAR 2013.

There are authorized to be appropriated to NASA for fiscal year
2013, $19,960,000,000, as follows:
(1) For Exploration, $5,264,000,000, of which--
(A) $1,400,000,000 shall be for a multi-purpose crew
vehicle and associated program and other necessary
support;
(B) $2,640,000,000 shall be for Space Launch System
and associated program and other necessary support;
(C) $449,000,000 shall be for Exploration Technology
Development;
(D) $175,000,000 shall be for Human Research;
(E) $500,000,000 shall be for commercial crew
capabilities; and
(F) $100,000,000 shall be for Robotic Precursor
Instruments and Low-Cost Missions.
(2) For Space Operations, $4,253,300,000, of which--
(A) $3,129,400,000 shall be for the ISS operations
and crew/cargo support; and
(B) $1,123,900,000 shall be for Space and Flight
Services, of which $400,000,000 shall be directed toward
the NASA launch support and infrastructure modernization
program.
(3) For Science, $5,509,600,000, of which--
(A) $2,089,500,000 shall be for Earth Sciences;
(B) $1,591,200,000 shall be for Planetary Science;
(C) $1,149,100,000 shall be for Astrophysics; and
(D) $679,800,000 shall be for Heliophysics.
(4) For Aeronautics, $1,105,000,000, of which--
(A) $590,000,000 shall be for Aeronautics Research;
and
(B) $515,000,000 shall be for Space Technology.
(5) For Education, $145,700,000, of which--
(A) $25,000,000 shall be for the Experimental
Program to Stimulate Competitive Research; and
(B) $45,600,000 shall be for the Space Grant
program.
(6) For Cross-Agency Support Programs, $3,276,800,000.
(7) For Construction and Environmental Compliance and
Restoration, $366,900,000.
(8) For Inspector General, $38,700,000.

TITLE II--POLICY, GOALS, AND OBJECTIVES FOR HUMAN SPACE FLIGHT AND
EXPLORATION

SEC. 201. <> UNITED STATES HUMAN SPACE FLIGHT
POLICY.

(a) Use of Non-United States Human Space Flight Transportation
Capabilities.--It is the policy of the United States that reliance upon
and use of non-United States human space flight capabilities shall be
undertaken only as a contingency in circumstances where no United
States-owned and operated human space flight capability is available,
operational, and certified for flight by appropriate Federal agencies.
(b) United States Human Space Flight Capabilities.--Congress
reaffirms the policy stated in section 501(a) of the National

[[Page 2812]]

Aeronautics and Space Administration Authorization Act of 2005 (42
U.S.C. 16761(a)), that the United States shall maintain an uninterrupted
capability for human space flight and operations in low-Earth orbit, and
beyond, as an essential instrument of national security and of the
capacity to ensure continued United States participation and leadership
in the exploration and utilization of space.

SEC. 202. <> GOALS AND OBJECTIVES.

(a) Long Term Goal.--The long term goal of the human space flight
and exploration efforts of NASA shall be to expand permanent human
presence beyond low-Earth orbit and to do so, where practical, in a
manner involving international partners.
(b) Key Objectives.--The key objectives of the United States for
human expansion into space shall be--
(1) to sustain the capability for long-duration presence in
low-Earth orbit, initially through continuation of the ISS and
full utilization of the United States segment of the ISS as a
National Laboratory, and through assisting and enabling an
expanded commercial presence in, and access to, low-Earth orbit,
as elements of a low-Earth orbit infrastructure;
(2) to determine if humans can live in an extended manner in
space with decreasing reliance on Earth, starting with
utilization of low-Earth orbit infrastructure, to identify
potential roles that space resources such as energy and
materials may play, to meet national and global needs and
challenges, such as potential cataclysmic threats, and to
explore the viability of and lay the foundation for sustainable
economic activities in space;
(3) to maximize the role that human exploration of space can
play in advancing overall knowledge of the universe, supporting
United States national and economic security and the United
States global competitive posture, and inspiring young people in
their educational pursuits; and
(4) to build upon the cooperative and mutually beneficial
framework established by the ISS partnership agreements and
experience in developing and undertaking programs and meeting
objectives designed to realize the goal of human space flight
set forth in subsection (a).

SEC. 203. <> ASSURANCE OF CORE CAPABILITIES.

(a) Sense of Congress.--It is the sense of Congress that--
(1) the ISS, technology developments, the current Space
Shuttle program, and follow-on transportation systems authorized
by this Act form the foundation of initial capabilities for
missions beyond low-Earth orbit to a variety of lunar and
Lagrangian orbital locations; and
(2) these initial missions and related capabilities should
be utilized to provide operational experience, technology
development, and the placement and assured use of in-space
infrastructure and in-space servicing of existing and future
assets.

(b) Space Shuttle Capability Assurance.--
(1) Development of follow-on space transportation systems.--
The Administrator shall proceed with the development of follow-
on space transportation systems in a manner that ensures that
the national capability to restart and fly Space Shuttle
missions can be initiated if required by the

[[Page 2813]]

Congress, in an Act enacted after the date of enactment of this
Act, or by a Presidential determination transmitted to the
Congress, before the last Space Shuttle mission authorized by
this Act is completed.
(2) Required actions.--In carrying out the requirement in
paragraph (1), the Administrator shall authorize refurbishment
of the manufactured external tank of the Space Shuttle,
designated as ET-94, and take all actions necessary to enable
its readiness for use in the Space Launch System development as
a critical skills and capability retention effort or for test
purposes, while preserving the ability to use this tank if
needed for an ISS contingency if deemed necessary under
paragraph (1).

SEC. 204. INDEPENDENT STUDY ON HUMAN EXPLORATION OF SPACE.

(a) In General.--In <> fiscal year 2012 the
Administrator shall contract with the National Academies for a review of
the goals, core capabilities, and direction of human space flight, using
the goals set forth in the National Aeronautics and Space Act of 1958,
the National Aeronautics and Space Administration Authorization Act of
2005, and the National Aeronautics and Space Administration
Authorization Act of 2008, the goals set forth in this Act, and goals
set forth in any existing statement of space policy issued by the
President.

(b) Elements.--The review shall include--
(1) a broad spectrum of participation with representatives
of a range of disciplines, backgrounds, and generations,
including civil, commercial, international, scientific, and
national security interests;
(2) input from NASA's international partner discussions and
NASA's Human Exploration Framework Team;
(3) an examination of the relationship of national goals to
foundational capabilities, robotic activities, technologies, and
missions authorized by this Act;
(4) a review and prioritization of scientific, engineering,
economic, and social science questions to be addressed by human
space exploration to improve the overall human condition; and
(5) findings and recommendations for fiscal years 2014
through 2023.

TITLE III--EXPANSION OF HUMAN SPACE FLIGHT BEYOND THE INTERNATIONAL
SPACE STATION AND LOW-EARTH ORBIT

SEC. 301. <> HUMAN SPACE FLIGHT BEYOND LOW-EARTH
ORBIT.

(a) Findings.--Congress makes the following findings:
(1) The extension of the human presence from low-Earth orbit
to other regions of space beyond low-Earth orbit will enable
missions to the surface of the Moon and missions to deep space
destinations such as near-Earth asteroids and Mars.
(2) The regions of cis-lunar space are accessible to other
national and commercial launch capabilities, and such access
raises a host of national security concerns and economic

[[Page 2814]]

implications that international human space endeavors can help
to address.
(3) The ability to support human missions in regions beyond
low-Earth orbit and on the surface of the Moon can also drive
developments in emerging areas of space infrastructure and
technology.
(4) Developments in space infrastructure and technology can
stimulate and enable increased space applications, such as in-
space servicing, propellant resupply and transfer, and in situ
resource utilization, and open opportunities for additional
users of space, whether national, commercial, or international.
(5) A long term objective for human exploration of space
should be the eventual international exploration of Mars.
(6) Future international missions beyond low-Earth orbit
should be designed to incorporate capability development and
availability, affordability, and international contributions.
(7) Human space flight and future exploration beyond low-
Earth orbit should be based around a pay-as-you-go approach.
Requirements in new launch and crew systems authorized in this
Act should be scaled to the minimum necessary to meet the core
national mission capability needed to conduct cis-lunar
missions. These initial missions, along with the development of
new technologies and in-space capabilities can form the
foundation for missions to other destinations. These initial
missions also should provide operational experience prior to the
further human expansion into space.

(b) Report on International Collaboration.--
(1) Report required.--Not later than 120 days after the date
of the enactment of this Act, the Administrator shall submit to
the appropriate committees of Congress a report on the following
assets and capabilities:
(A) Any effort by NASA to expand and ensure
effective international collaboration on the ISS.
(B) The efforts of NASA, including its approach and
progress, in defining near-term, cis-lunar space human
missions.
(2) NASA contributions.--In preparing the report required by
paragraph (1), the Administrator shall assume that NASA will
contribute to the efforts described in that paragraph the
following:
(A) A Space Launch System.
(B) A multi-purpose crew vehicle.
(C) Such other technology elements the Administrator
may consider appropriate, and which the Administrator
shall specifically identify in the report.

SEC. 302. <> SPACE LAUNCH SYSTEM AS FOLLOW-ON
LAUNCH VEHICLE TO THE SPACE SHUTTLE.

(a) United States Policy.--It is the policy of the United States
that NASA develop a Space Launch System as a follow-on to the Space
Shuttle that can access cis-lunar space and the regions of space beyond
low-Earth orbit in order to enable the United States to participate in
global efforts to access and develop this increasingly strategic region.
(b) Initiation of Development.--

[[Page 2815]]

(1) In general.--The Administrator shall, as soon as
practicable after the date of the enactment of this Act,
initiate development of a Space Launch System meeting the
minimum capabilities requirements specified in subsection (c).
(2) Modification of current contracts.--In order to limit
NASA's termination liability costs and support critical
capabilities, the Administrator shall, to the extent
practicable, extend or modify existing vehicle development and
associated contracts necessary to meet the requirements in
paragraph (1), including contracts for ground testing of solid
rocket motors, if necessary, to ensure their availability for
development of the Space Launch System.

(c) Minimum Capability Requirements.--
(1) In general.--The Space Launch System developed pursuant
to subsection (b) shall be designed to have, at a minimum, the
following:
(A) The initial capability of the core elements,
without an upper stage, of lifting payloads weighing
between 70 tons and 100 tons into low-Earth orbit in
preparation for transit for missions beyond low-Earth
orbit.
(B) The capability to carry an integrated upper
Earth departure stage bringing the total lift capability
of the Space Launch System to 130 tons or more.
(C) The capability to lift the multipurpose crew
vehicle.
(D) The capability to serve as a backup system for
supplying and supporting ISS cargo requirements or crew
delivery requirements not otherwise met by available
commercial or partner-supplied vehicles.
(2) Flexibility.--The Space Launch System shall be designed
from inception as a fully-integrated vehicle capable of carrying
a total payload of 130 tons or more into low-Earth orbit in
preparation for transit for missions beyond low-Earth orbit. The
Space Launch System shall, to the extent practicable,
incorporate capabilities for evolutionary growth to carry
heavier payloads. Developmental work and testing of the core
elements and the upper stage should proceed in parallel subject
to appropriations. Priority should <> be placed
on the core elements with the goal for operational capability
for the core elements not later than December 31, 2016.
(3) Transition needs.--The Administrator shall ensure
critical skills and capabilities are retained, modified, and
developed, as appropriate, in areas related to solid and liquid
engines, large diameter fuel tanks, rocket propulsion, and other
ground test capabilities for an effective transition to the
follow-on Space Launch System.
(4) The capacity for efficient and timely evolution,
including the incorporation of new technologies, competition of
sub-elements, and commercial operations.

SEC. 303. <> MULTI-PURPOSE CREW VEHICLE.

(a) Initiation of Development.--
(1) In general.--The Administrator shall continue the
development of a multi-purpose crew vehicle to be available as
soon as practicable, and no later than for use with the Space
Launch System. The vehicle shall continue to advance development
of the human safety features, designs, and systems in the Orion
project.

[[Page 2816]]

(2) Goal for operational capability.--
It <> shall be the goal to achieve full
operational capability for the transportation vehicle developed
pursuant to this subsection by not later than December 31, 2016.
For purposes of meeting such goal, the Administrator may
undertake a test of the transportation vehicle at the ISS before
that date.

(b) Minimum Capability Requirements.--The multi-purpose crew vehicle
developed pursuant to subsection (a) shall be designed to have, at a
minimum, the following:
(1) The capability to serve as the primary crew vehicle for
missions beyond low-Earth orbit.
(2) The capability to conduct regular in-space operations,
such as rendezvous, docking, and extra-vehicular activities, in
conjunction with payloads delivered by the Space Launch System
developed pursuant to section 302, or other vehicles, in
preparation for missions beyond low-Earth orbit or servicing of
assets described in section 804, or other assets in cis-lunar
space.
(3) The capability to provide an alternative means of
delivery of crew and cargo to the ISS, in the event other
vehicles, whether commercial vehicles or partner-supplied
vehicles, are unable to perform that function.
(4) The capacity for efficient and timely evolution,
including the incorporation of new technologies, competition of
sub-elements, and commercial operations.

SEC. 304. <> UTILIZATION OF EXISTING WORKFORCE AND
ASSETS IN DEVELOPMENT OF SPACE LAUNCH SYSTEM AND MULTI-
PURPOSE CREW VEHICLE.

(a) In General.--In developing the Space Launch System pursuant to
section 302 and the multi-purpose crew vehicle pursuant to section 303,
the Administrator shall, to the extent practicable utilize--
(1) existing <> contracts, investments,
workforce, industrial base, and capabilities from the Space
Shuttle and Orion and Ares 1 projects, including--
(A) space-suit development activities for
application to, and coordinated development of, a multi-
purpose crew vehicle suit and associated life-support
requirements with potential development of standard
NASA-certified suit and life support systems for use in
alternative commercially-developed crew transportation
systems; and
(B) Space Shuttle-derived components and Ares 1
components that use existing United States propulsion
systems, including liquid fuel engines, external tank or
tank-related capability, and solid rocket motor engines;
and
(2) associated testing facilities, either in being or under
construction as of the date of enactment of this Act.

(b) Discharge of Requirements.--In meeting the requirements of
subsection (a), the Administrator--
(1) shall, to the extent practicable, utilize ground-based
manufacturing capability, ground testing activities, launch and
operations infrastructure, and workforce expertise;
(2) shall, to the extent practicable, minimize the
modification and development of ground infrastructure and
maximize the utilization of existing software, vehicle, and
mission operations processes;

[[Page 2817]]

(3) shall <> complete construction and
activation of the A-3 test stand with a completion goal of
September 30, 2013;
(4) may procure, develop, and flight test applicable
components; and
(5) shall take appropriate actions to ensure timely and
cost-effective development of the Space Launch System and the
multi-purpose crew vehicle, including the use of a procurement
approach that incorporates adequate and effective oversight, the
facilitation of contractor efficiencies, and the stream-lining
of contract and procurement requirements.

SEC. 305. NASA <> LAUNCH SUPPORT AND INFRASTRUCTURE
MODERNIZATION PROGRAM.

(a) In General.--The Administrator shall carry out a program the
primary purpose of which is to prepare infrastructure at the Kennedy
Space Center that is needed to enable processing and launch of the Space
Launch System. Vehicle interfaces and other ground processing and
payload integration areas should be simplified to minimize overall
costs, enhance safety, and complement the purpose of this section.
(b) Elements.--The program required by this section shall include--
(1) investments to improve civil and national security
operations at the Kennedy Space Center, to enhance the overall
capabilities of the Center, and to reduce the long term cost of
operations and maintenance;
(2) measures to provide multi-vehicle support, improvements
in payload processing, and partnering at the Kennedy Space
Center; and
(3) such other measures, including investments to improve
launch infrastructure at NASA flight facilities scheduled to
launch cargo to the ISS under the commercial orbital
transportation services program as the Administrator may
consider appropriate.

(c) Report on NASA Launch Support and Infrastructure Modernization
Program.--
(1) Report required.--Not later than 120 days after the date
of the enactment of this Act, the Administrator shall submit to
the appropriate committees of Congress a report on the plan for
the implementation of the NASA launch support and infrastructure
modernization program.
(2) Elements.--The report required by this subsection shall
include--
(A) a description of the ground infrastructure plan
tied to the Space Launch System and potential ground
investment activities at other NASA centers related to
supporting the development of the Space Launch System;
(B) a description of proposed initiatives intended
to be conducted jointly or in cooperation with Cape
Canaveral Air Force Station, Florida, or other
installations or components of the United States
Government; and
(C) a description of plans to use funds authorized
to be appropriated by this Act to improve non-NASA
facilities, which plans shall include a business plan
outlining the nature and scope of investments planned by
other parties.

[[Page 2818]]

SEC. 306. REPORT ON EFFECTS OF TRANSITION TO SPACE LAUNCH SYSTEM ON THE
SOLID AND LIQUID ROCKET MOTOR INDUSTRIAL BASES.

(a) Report Required.--Not later than 120 days after the date of the
enactment of this Act, the Administrator shall submit to Congress a
report setting forth an assessment, prepared by the Administrator, in
consultation with the Secretary of Defense and the Secretary of
Commerce, of the effects of the retirement of the Space Shuttle, and of
the transition to the Space Launch System developed pursuant to section
302, on the solid rocket motor industrial base and the liquid rocket
motor industrial base in the United States.
(b) Matters To Be Addressed.--In preparing the assessment required
by subsection (a), the Administrator shall address the following:
(1) The effects of efficiencies and efforts to stream-line
the industrial bases referred to in subsection (a) for support
of civil, military, and commercial users.
(2) The extent to which the United States is reliant on non-
United States systems, including foreign rocket motors and
foreign launch vehicles.
(3) Such other matters as the Administrator, in consultation
with the Secretary of Defense and the Secretary of Commerce, may
consider appropriate.

SEC. 307. SENSE OF CONGRESS ON OTHER TECHNOLOGY AND ROBOTIC ELEMENTS IN
HUMAN SPACE FLIGHT AND EXPLORATION.

It is the sense of Congress that a balance is needed in human space
flight between using and building upon existing capabilities and
investing in and enabling new capabilities. Technology development
provides the potential to develop an increased ability to operate and
extend human presence in space, while at the same time enhance the
nation's economic development and aid in addressing challenges here on
Earth. Additionally, the establishment of in-space capabilities, use of
space resources, and the ability to repair and reuse systems in space
can contribute to the overall goals of extending human presence in space
in an international manner, consistent with section 301(a).

SEC. 308. DEVELOPMENT <> OF TECHNOLOGIES AND IN-
SPACE CAPABILITIES FOR BEYOND NEAR-EARTH SPACE MISSIONS.

(a) Development Authorized.--The Administrator may initiate
activities to develop the following:
(1) Technologies identified as necessary elements of
missions beyond low-Earth orbit.
(2) In-space capabilities such as refueling and storage
technology, orbital transfer stages, innovative in-space
propulsion technology, communications, and data management that
facilitate a broad range of users (including military and
commercial) and applications defining the architecture and
design of such missions.
(3) Spacesuit development and associated life support
technology.
(4) Flagship missions.

(b) Investments.--In developing technologies and capabilities under
subsection (a), the Administrator may make investments--

[[Page 2819]]

(1) in space technologies such as advanced propulsion,
propellant depots, in situ resource utilization, and robotic
payloads or capabilities that enable human missions beyond low-
Earth orbit ultimately leading to Mars;
(2) in a space-based transfer vehicle including these
technologies with an ability to conduct space-based operations
that provide capabilities--
(A) to integrate with the Space Launch System and
other space-based systems;
(B) to provide opportunities for in-space servicing
of and delivery to multiple space-based platforms; and
(C) to facilitate international efforts to expand
human presence to deep space destinations;
(3) in advanced life support technologies and capabilities;
(4) in technologies and capabilities relating to in-space
power, propulsion, and energy systems;
(5) in technologies and capabilities relating to in-space
propellant transfer and storage;
(6) in technologies and capabilities relating to in situ
resource utilization; and
(7) in expanded research to understand the greatest
biological impediments to human deep space missions, especially
the radiation challenge.

(c) Utilization of ISS as Testbed.--The Administrator may utilize
the ISS as a testbed for any technology or capability developed under
subsection (a) in a manner consistent with the provisions of this Act.
(d) Coordination.--The Administrator shall coordinate development of
technologies and capabilities under this section through an overall
agency technology approach, as authorized by section 905 of this Act.

SEC. 309. REPORT <> REQUIREMENT.

Within 90 days after the date of enactment of this Act, or upon
completion of reference designs for the Space Launch System and Multi-
purpose Crew Vehicle authorized by this Act, whichever occurs first, the
Administrator shall provide a detailed report to the appropriate
committees of Congress that provides an overall description of the
reference vehicle design, the assumptions, description, data, and
analysis of the systems trades and resolution process, justification of
trade decisions, the design factors which implement the essential system
and vehicle capability requirements established by this Act, the
explanation and justification of any deviations from those requirements,
the plan for utilization of existing contracts, civil service and
contract workforce, supporting infrastructure utilization and
modifications, and procurement strategy to expedite development
activities through modification of existing contract vehicles, and the
schedule of design and development milestones and related schedules
leading to the accomplishment of operational goals established by this
Act. The Administrator shall provide an update of this report as part of
the President's annual Budget Request.

[[Page 2820]]

TITLE IV--DEVELOPMENT AND USE OF COMMERCIAL CREW AND CARGO
TRANSPORTATION CAPABILITIES

SEC. 401. <> COMMERCIAL CARGO DEVELOPMENT PROGRAM.

The Administrator shall continue to support the existing Commercial
Orbital Transportation Services program, aimed at enabling the
commercial space industry in support of NASA to develop reliable means
of launching cargo and supplies to the ISS throughout the duration of
the facility's operation. The Administrator may apply funds towards the
reduction of risk to the timely start of these services, specifically--
(1) efforts to conduct a flight test;
(2) accelerate development; and
(3) develop the ground infrastructure needed for commercial
cargo capability.

SEC. 402. COMMERCIAL CREW DEVELOPMENT PROGRAM.

(a) Continuation of Program During Fiscal Year 2011.--The
Administrator shall continue, and may expand the number of participants
and the activities of, the Commercial Crew Development (CCDEV) program
in fiscal year 2011, subject to the provisions of this title.
(b) Continuation of Activities and Agreements of Fiscal Year 2010.--
In carrying out subsection (a), the Administrator may continue or expand
activities and agreements initiated in fiscal year 2010 that reduce
risk, develop technologies, and lead to other advancements that will
help determine the most effective and efficient means of advancing the
development of commercial crew services.

SEC. 403. REQUIREMENTS <> APPLICABLE TO DEVELOPMENT
OF COMMERCIAL CREW TRANSPORTATION CAPABILITIES AND SERVICES.

(a) FY 2011 Contracts and Procurement Agreements.--
(1) In general.--Except as provided in paragraph (2), the
Administrator may not execute a contract or procurement
agreement with respect to follow-on commercial crew services
during fiscal year 2011.
(2) Exception.--Notwithstanding paragraph (1), the
Administrator may execute a contract or procurement agreement
with respect to follow-on commercial crew services during fiscal
year 2011 if--
(A) the requirements of paragraphs (1), (2), and (3)
of subsection (b) are met; and
(B) the total amount involved for all such contracts
and procurement agreements executed during fiscal year
2011 does not exceed $50,000,000 for fiscal year 2011.

(b) Support.--The Administrator may, beginning in fiscal year 2012
through the duration of the program, support follow-on commercially-
developed crew transportation systems dependent upon the completion of
each of the following:
(1) Human rating requirements.--Not <> later than 60 days after the date of the
enactment of this Act, the Administrator shall develop and make
available to the public detailed human

[[Page 2821]]

rating processes and requirements to guide the design of
commercially-developed crew transportation capabilities, which
requirements shall be at least equivalent to proven requirements
for crew transportation in use as of the date of the enactment
of this Act.
(2) Commercial market assessment.--
Not <> later than 180 days after the date of
the enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress an assessment, conducted, in
coordination with the Federal Aviation Administration's Office
of Commercial Space Transportation, for purposes of this
paragraph, of the potential non-Government market for
commercially-developed crew and cargo transportation systems and
capabilities, including an assessment of the activities
associated with potential private sector utilization of the ISS
research and technology development capabilities and other
potential activities in low-Earth orbit.
(3) Procurement system review.--The Administrator shall
review current Government procurement and acquisition practices
and processes, including agreement authorities under the
National Aeronautics and Space Act of 1958, to determine the
most cost-effective means of procuring commercial crew
transportation capabilities and related services in a manner
that ensures appropriate accountability, transparency, and
maximum efficiency in the procurement of such capabilities and
services, which review shall include an identification of
proposed measures to address risk management and means of
indemnification of commercial providers of such capabilities and
services, and measures for quality control, safety oversight,
and the application of Federal oversight processes within the
jurisdiction of other Federal agencies. A description of the
proposed procurement process and justification of the proposed
procurement for its selection shall be included in any proposed
initiation of procurement activity for commercially-developed
crew transportation capabilities and services and shall be
subject to review by the appropriate committees of Congress
before the initiation of any competitive process to procure such
capabilities or services. In
support <>  of the review by such
committees, the Comptroller General shall undertake an
assessment of the proposed procurement process and provide a
report to the appropriate committees of Congress within 90 days
after the date on which the Administrator provides the
description and justification to such committees.
(4) Use of government-supplied capabilities and
infrastructure.--In evaluating any proposed development activity
for commercially-developed crew or cargo launch capabilities,
the Administrator shall identify the anticipated contribution of
government personnel, expertise, technologies, and
infrastructure to be utilized in support of design, development,
or operations of such capabilities. This assessment shall
include a clear delineation of the full requirements for the
commercial crew service (including the contingency for crew
rescue). The Administrator shall include details and associated
costs of such support as part of any proposed development
initiative for the procurement of commercially-developed crew or
cargo launch capabilities or services.

[[Page 2822]]

(5) Flight demonstration and readiness requirements.--The
Administrator shall establish appropriate milestones and minimum
performance objectives to be achieved before authority is
granted to proceed to the procurement of commercially-developed
crew transportation capabilities or systems. The
guidelines <> shall include a procedure to
provide independent assurance of flight safety and flight
readiness before the authorization of United States government
personnel to participate as crew onboard any commercial launch
vehicle developed pursuant to this section.
(6) Commercial crew rescue capabilities.--The provision of a
commercial capability to provide ISS crew services shall include
crew rescue requirements, and shall be undertaken through the
procurement process initiated in conformance with this section.
In the event such development is initiated, the Administrator
shall make available any relevant government-owned intellectual
property deriving from the development of a multi-purpose crew
vehicle authorized by this Act to commercial entities involved
with such crew rescue capability development which shall be
relevant to the design of a crew rescue capability. In addition,
the Administrator shall seek to ensure that contracts for
development of the multi-purpose crew vehicle contain provisions
for the licensing of relevant intellectual property to
participating commercial providers of any crew rescue capability
development undertaken pursuant to this section. If one or more
contractors involved with development of the multi-purpose crew
vehicle seek to compete in development of a commercial crew
service with crew rescue capability, separate legislative
authority must be enacted to enable the Administrator to provide
funding for any modifications of the multi-purpose crew vehicle
necessary to fulfill the ISS crew rescue function.

SEC. 404. REPORT ON INTERNATIONAL SPACE STATION CARGO RETURN CAPABILITY.

Not later than 120 days after the date of the enactment of this Act,
the Administrator shall submit to the appropriate committees of Congress
a report on potential alternative commercially-developed means for the
capability for a soft-landing return on land from the ISS of--
(1) research samples or other derivative materials; and
(2) small to mid-sized (up to 1,000 kilograms) equipment for
return and analysis, or for refurbishment and redelivery, to the
ISS.

TITLE V--CONTINUATION, SUPPORT, AND EVOLUTION OF THE INTERNATIONAL SPACE
STATION

SEC. 501. <> CONTINUATION OF THE INTERNATIONAL
SPACE STATION THROUGH 2020.

(a) Policy of the United States.--It shall be the policy of the
United States, in consultation with its international partners in the
ISS program, to support full and complete utilization of the ISS through
at least 2020.

[[Page 2823]]

(b) NASA Actions.--In furtherance of the policy set forth in
subsection (a), NASA shall pursue international, commercial, and
intragovernmental means to maximize ISS logistics supply, maintenance,
and operational capabilities, reduce risks to ISS systems
sustainability, and offset and minimize United States operations costs
relating to the ISS.

SEC. 502. MAXIMUM <> UTILIZATION OF THE
INTERNATIONAL SPACE STATION.

(a) In General.--With assembly of the ISS complete, NASA shall take
steps to maximize the productivity and use of the ISS with respect to
scientific and technological research and development, advancement of
space exploration, and international collaboration.
(b) NASA Actions.--In carrying out subsection (a), NASA shall, at a
minimum, undertake the following:
(1) Innovative use of u.s. segment.--The United States
segment of the ISS, which has been designated as a National
Laboratory, shall be developed, managed and utilized in a manner
that enables the effective and innovative use of such facility,
as provided in section 504.
(2) International cooperation.--The ISS shall continue to be
utilized as a key component of international efforts to build
missions and capabilities that further the development of a
human presence beyond near-Earth space and advance United States
security and economic goals. The Administrator shall actively
seek ways to encourage and enable the use of ISS capabilities to
support these efforts.
(3) Domestic collaboration.--The operations, management, and
utilization of the ISS shall be conducted in a manner that
provides opportunities for collaboration with other research
programs and objectives of the United States Government in
cooperation with commercial suppliers, users, and developers.

SEC. 503. MAINTENANCE <> OF THE UNITED STATES
SEGMENT AND ASSURANCE OF CONTINUED OPERATIONS OF THE
INTERNATIONAL SPACE STATION.

(a) In General.--The Administrator shall take all actions necessary
to ensure the safe and effective operation, maintenance, and maximum
utilization of the United States segment of the ISS through at least
September 30, 2020.
(b) Vehicle and Component Review.--
(1) In general.--In <> carrying out
subsection (a), the Administrator shall, as soon as is
practicable after the date of the enactment of this Act, carry
out a comprehensive assessment of the essential modules,
operational systems and components, structural elements, and
permanent scientific equipment on board or planned for delivery
and installation aboard the ISS, including both United States
and international partner elements, for purposes of identifying
the spare or replacement modules, systems and components,
elements, and equipment that are required to ensure complete,
effective, and safe functioning and full scientific utilization
of the ISS through September 30, 2020.
(2) Data.--In carrying out the assessment, the Administrator
shall assemble any existing data, and provide for the
development of any data or analysis not currently available,
that is necessary for purposes of the assessment.

[[Page 2824]]

(c) Reports.--
(1) Report on assessment.--
(A) Report required.--Not later than 90 days after
the date of the enactment of this Act, the Administrator
shall submit to the appropriate committees of Congress a
report on the assessment required by subsection (b).
(B) Elements.--The report required by this paragraph
shall include, at minimum, the following:
(i) A description of the spare or replacement
modules, systems and components, elements, and
equipment identified pursuant to the assessment
that are currently produced, in inventory, or on
order, a description of the state of their
readiness, and a schedule for their delivery to
the ISS (including the planned transportation
means for such delivery), including for each such
module, system or component, element, or equipment
a description of--
(I) its specifications, including
size, weight, and necessary
configuration for launch and delivery to
the ISS;
(II) its function;
(III) its location; and
(IV) its criticality for ISS system
integrity.
(ii) A description of the spare or replacement
modules, systems and components, elements, and
equipment identified pursuant to the assessment
that are not currently produced, in inventory, or
on order, including for each such module, system
or component, element, or equipment a description
of--
(I) its specifications, including
size, weight, and necessary
configuration for launch and delivery to
the ISS;
(II) its function;
(III) its location;
(IV) its criticality for ISS system
integrity; and
(V) the anticipated cost and
schedule for its design, procurement,
manufacture, and delivery to the ISS.
(iii) A detailed summary of the delivery
schedule and associated delivery vehicle
requirements necessary to transport all spare and
replacement elements considered essential for the
ongoing and sustained functionality of all
critical systems of the ISS, both in and of
themselves and as an element of an integrated,
mutually dependent essential capability, including
an assessment of the current schedule for
delivery, the availability of delivery vehicles to
meet that schedule, and the likelihood of meeting
that schedule through such vehicles.
(2) GAO report.--
(A) Report required.--Not later than 90 days after
the submittal to Congress under paragraph (1) of the
assessment required by subsection (b), the Comptroller
General of the United States shall submit to the
appropriate committees of Congress a report on the
assessment. The report shall set forth an evaluation of
the assessment

[[Page 2825]]

by the Comptroller General, including an evaluation of
the accuracy and level of confidence in the findings of
the assessment.
(B) Cooperation with gao.--The Administrator shall
provide for the monitoring and participation of the
Comptroller General in the assessment in a manner that
permits the Comptroller General to prepare and submit
the report required by subparagraph (A).

(d) Utilization of Research Facilities and Capabilities.--
Utilization of research facilities and capabilities aboard the ISS
(other than exploration-related research and technology development
facilities and capabilities, and associated ground support and
logistics), shall be planned, managed, and supported as provided in
section 504. Exploration-related research and technology development
facilities, capabilities, and associated ground support and logistics
shall be planned, managed, and supported by the appropriate NASA
organizations and officials in a manner that does not interfere with
other activities under section 504.
(e) Space Shuttle Mission to ISS.--
(1) Space shuttle mission.--The <> Administrator shall fly the Launch-On-Need Shuttle
mission currently designated in the Shuttle Flight Manifest
dated February 28, 2010, to the ISS in fiscal year 2011, but no
earlier than June 1, 2011, unless required earlier by an
operations contingency, and pending the results of the
assessment required by paragraph (2) and the determination under
paragraph (3)(A).
(2) Assessment of safe means of return.--The Administrator
shall provide for an assessment by the NASA Engineering and
Safety Center of the procedures and plans developed to ensure
the safety of the Space Shuttle crew, and alternative means of
return, in the event the Space Shuttle is damaged or otherwise
unable to return safely to Earth.
(3) Schedule and payload.--The determination of the schedule
and payload for the mission authorized by paragraph (1) shall
take into account the following:
(A) The supply and logistics delivery requirements
of the ISS.
(B) The findings of the study required by paragraph
(2).
(4) Funds.--Amounts authorized to be appropriated by section
101(2)(B) shall be available for the mission authorized by
paragraph (1).

(f) Space Shuttle Manifest Flight Assurance.--
(1) In general.--The Administrator shall take all actions
necessary to preserve Space Shuttle launch capability through
fiscal year 2011 in a manner that enables the launch, at a
minimum, of missions and primary payloads in the Shuttle flight
manifest as of February 28, 2010.
(2) Continuation of contractor support.--The Administrator
may not terminate any contract that provides the system
transitions necessary for shuttle-derived hardware to be used on
either the multi-purpose crew vehicle described in section 303
or the Space Launch System described in section 302.

SEC. 504. MANAGEMENT <> OF THE ISS NATIONAL
LABORATORY.

(a) Cooperative Agreement With Not-for Profit Entity for Management
of National Laboratory.--

[[Page 2826]]

(1) In general.--The Administrator shall provide initial
financial assistance and enter into a cooperative agreement with
an appropriate organization that is exempt from taxation under
section 501(c)(3) of the Internal Revenue Code of 1986 to manage
the activities of the ISS national laboratory in accordance with
this section.
(2) Qualifications.--The organization with which the
Administrator enters into the cooperative agreement shall
develop the capabilities to implement research and development
projects utilizing the ISS national laboratory and to otherwise
manage the activities of the ISS national laboratory.
(3) Prohibition on other activities.--The cooperative
agreement shall require the organization entering into the
agreement to engage exclusively in activities relating to the
management of the ISS national laboratory and activities that
promote its long term research and development mission as
required by this section, without any other organizational
objectives or responsibilities on behalf of the organization or
any parent organization or other entity.

(b) NASA Liaison.--
(1) Designation.--The Administrator shall designate an
official or employee of the Space Operations Mission Directorate
of NASA to act as liaison between NASA and the organization with
which the Administrator enters into a cooperative agreement
under subsection (a) with regard to the management of the ISS
national laboratory.
(2) Consultation with liaison.--The cooperative agreement
shall require the organization entering into the agreement to
carry out its responsibilities under the agreement in
cooperation and consultation with the official or employee
designated under paragraph (1).

(c) Planning and Coordination of ISS national laboratory Research
Activities.--The Administrator shall provide initial financial
assistance to the organization with which the Administrator enters into
a cooperative agreement under subsection (a), in order for the
organization to initiate the following:
(1) Planning and coordination of the ISS national laboratory
research activities.
(2) Development and implementation of guidelines, selection
criteria, and flight support requirements for non-NASA
scientific utilization of ISS research capabilities and
facilities available in United States-owned modules of the ISS
or in partner-owned facilities of the ISS allocated to United
States utilization by international agreement.
(3) Interaction with and integration of the International
Space Station National Laboratory Advisory Committee established
under section 602 of the National Aeronautics and Space
Administration Authorization Act of 2008 (42 U.S.C. 17752) with
the governance of the organization, and review recommendations
provided by that Committee regarding agreements with non-NASA
departments and agencies of the United States Government,
academic institutions and consortia, and commercial entities
leading to the utilization of the ISS national laboratory
facilities.
(4) Coordination of transportation requirements in support
of the ISS national laboratory research and development
objectives, including provision for delivery of instruments,
logistics

[[Page 2827]]

support, and related experiment materials, and provision for
return to Earth of collected samples, materials, and scientific
instruments in need of replacement or upgrade.
(5) Cooperation with NASA, other departments and agencies of
the United States Government, the States, and commercial
entities in ensuring the enhancement and sustained operations of
non-exploration-related research payload ground support
facilities for the ISS, including the Space Life Sciences
Laboratory, the Space Station Processing Facility and Payload
Operations Integration Center.
(6) Development and implementation of scientific outreach
and education activities designed to ensure effective
utilization of ISS research capabilities including the conduct
of scientific assemblies, conferences, and other fora for the
presentation of research findings, methods, and mechanisms for
the dissemination of non-restricted research findings and the
development of educational programs, course supplements,
interaction with educational programs at all grade levels,
including student-focused research opportunities for conduct of
research in the ISS national laboratory facilities.
(7) Such other matters relating to the utilization of the
ISS national laboratory facilities for research and development
as the Administrator may consider appropriate.

(d) Research Capacity Allocation and Integration of Research
Payloads.--
(1) Allocation of iss research capacity.--As
soon <> as practicable after the date of the
enactment of this Act, but not later than October 1, 2011, ISS
national laboratory managed experiments shall be guaranteed
access to, and utilization of, not less than 50 percent of the
United States research capacity allocation, including power,
cold stowage, and requisite crew time onboard the ISS through
September 30, 2020. Access to the ISS research capacity includes
provision for the adequate upmass and downmass capabilities to
utilize the ISS research capacity, as available. The
Administrator may allocate additional capacity to the ISS
national laboratory should such capacity be in excess of NASA
research requirements.
(2) Additional research capabilities.--If any NASA research
plan is determined to require research capacity onboard the ISS
beyond the percentage allocated under paragraph (1), such
research plan shall be prepared in the form of a requested
research opportunity to be submitted to the process established
under this section for the consideration of proposed research
within the capacity allocated to the ISS national laboratory. A
proposal for such a research plan may include the establishment
of partnerships with non-NASA institutions eligible to propose
research to be conducted within the ISS national laboratory
capacity. Until September 30, 2020, the official or employee
designated under subsection (b) may grant an exception to this
requirement in the case of a proposed experiment considered
essential for purposes of preparing for exploration beyond low-
Earth orbit, as determined by joint agreement between the
organization with which the Administrator enters into a
cooperative agreement under subsection (a) and the official or
employee designated under subsection (b).

[[Page 2828]]

(3) Research priorities and enhanced capacity.--The
organization with which the Administrator enters into the
cooperative agreement shall consider recommendations of the
National Academies Decadal Survey on Biological and Physical
Sciences in Space in establishing research priorities and in
developing proposed enhancements of research capacity and
opportunities for the ISS national laboratory.
(4) Responsibility for research payload.--NASA shall retain
its roles and responsibilities in providing research payload
physical, analytical, and operations integration during pre-
flight, post-flight, transportation, and orbital phases
essential to ensure safe and effective flight readiness and
vehicle integration of research activities approved and
prioritized by the organization with which the Administrator
enters into the cooperative agreement and the official or
employee designated under subsection (b).

TITLE VI--SPACE SHUTTLE RETIREMENT AND TRANSITION

SEC. 601. SENSE <> OF CONGRESS ON THE SPACE SHUTTLE
PROGRAM.

(a) Findings.--Congress makes the following findings:
(1) The Space Shuttle program represents a national asset
consisting of critical skills and capabilities, including the
ability to lift large payloads into space and return them to
Earth.
(2) The Space Shuttle has carried more than 355 people from
16 nations into space.
(3) The Space Shuttle has projected the best of American
values around the world, and Space Shuttle crews have sparked
the imagination and dreams of the world's youth and young at
heart.

(b) Sense of Congress.--It is the sense of Congress that--
(1) it is essential that the retirement of the Space Shuttle
and the transition to new human space flight capabilities be
done in a manner that builds upon the legacy of this national
asset; and
(2) it is imperative for the United States to retain the
skills and the industrial capability to provide a follow-on
Space Launch System that is primarily designed for missions
beyond near-Earth space, while offering some potential for
supplanting shuttle delivery capabilities to low-Earth orbit,
particularly in support of ISS requirements, if necessary.

SEC. 602. RETIREMENT <> OF SPACE SHUTTLE ORBITERS
AND TRANSITION OF SPACE SHUTTLE PROGRAM.

(a) In General.--The <> Administrator shall retire
the Space Shuttle orbiters pursuant to a schedule established by the
Administrator and in a manner consistent with provisions of this Act
regarding potential requirements for contingency utilization of Space
Shuttle orbiters for ISS requirements.

(b) Utilization of Workforce and Assets in Follow-on Space Launch
System.--
(1) Utilization of vehicle assets.--In carrying out
subsection (a), the Administrator shall, to the maximum extent
practicable, utilize workforce, assets, and infrastructure of
the Space Shuttle program in efforts relating to the initiation
of

[[Page 2829]]

a follow-on Space Launch System developed pursuant to section
302 of this Act.
(2) Other assets.--With respect to the workforce, assets,
and infrastructure not utilized as described in paragraph (1),
the Administrator shall work closely with other departments and
agencies of the Federal Government, and the private sector, to
divest unneeded assets and to assist displaced workers with
retraining and other placement efforts. Amounts authorized to be
appropriated by section 101(2)(B) shall be available for
activities pursuant to this paragraph.

SEC. 603. <> DISPOSITION OF ORBITER VEHICLES.

(a) In General.--Upon the termination of the Space Shuttle program
as provided in section 602, the Administrator shall decommission any
remaining Space Shuttle orbiter vehicles according to established safety
and historic preservation procedures prior to their designation as
surplus government property. The orbiter vehicles shall be made
available and located for display and maintenance through a competitive
procedure established pursuant to the disposition plan developed under
section 613(a) of the National Aeronautics and Space Administration
Authorization Act of 2008 (42 U.S.C. 17761(a)), with priority
consideration given to eligible applicants meeting all conditions of
that plan which would provide for the display and maintenance of
orbiters at locations with the best potential value to the public,
including where the location of the orbiters can advance educational
opportunities in science, technology, engineering, and mathematics
disciplines, and with an historical relationship with either the launch,
flight operations, or processing of the Space Shuttle orbiters or the
retrieval of NASA manned space vehicles, or significant contributions to
human space flight. The
Smithsonian <> Institution, which, as of the date
of enactment of this Act, houses the Space Shuttle Enterprise, shall
determine any new location for the Enterprise.

(b) Display and Maintenance.--
The <> orbiter vehicles made available
under subsection (a) shall be displayed and maintained through
agreements and procedures established pursuant to section 613(a) of the
National Aeronautics and Space Administration Authorization Act of 2008
(42 U.S.C. 17761(a)).

(c) Authorization of Appropriations.--There are authorized to be
appropriated to NASA such sums as may be necessary to carry out this
section. The amounts authorized to be appropriated by this subsection
shall be in addition to any amounts authorized to be appropriated by
title I, and may be requested by the President as supplemental
requirements, if needed, in the appropriate fiscal years.

TITLE VII--EARTH SCIENCE

SEC. 701. SENSE OF CONGRESS.

It is the sense of Congress that--
(1) Earth observations are critical to scientific
understanding and monitoring of the Earth system, to protecting
human health and property, to growing the economy of the United
States, and to strengthening the national security and

[[Page 2830]]

international posture of the United States. Additionally,
recognizing the number of relevant participants and activities
involved with Earth observations within the United States
Government and internationally, Congress supports the
strengthening of collaboration across these areas;
(2) NASA plays a critical role through its ability to
provide data on solar output, sea level rise, atmospheric and
ocean temperature, ozone depletion, air pollution, and
observation of human and environment relationships;
(3) programs should utilize open standards consistent with
international data-sharing principles and obtain and convert
data from other government agencies, including data from the
United States Geological Survey, and data derived from
satellites operated by NOAA as well as from international
satellites are important to the study of climate science and
such cooperative relationships and programs should be
maintained;
(4) Earth-observing satellites and sustained monitoring
programs will continue to play a vital role in climate science,
environmental understanding, mitigation of destructive
environmental impacts, and contributing to the general national
welfare; and
(5) land remote sensing observation plays a critical role in
Earth science, and the national space policy supports this role
by requiring operational land remote sensing capabilities.

SEC. 702. INTERAGENCY <> COLLABORATION
IMPLEMENTATION APPROACH.

The Director of OSTP shall establish a mechanism to ensure greater
coordination of the research, operations, and activities relating to
civilian Earth observation of those Agencies, including NASA, that have
active programs that either contribute directly or indirectly to these
areas. This mechanism <> should include the development
of a strategic implementation plan that is updated at least every 3
years, and includes a process for external independent advisory input.
This plan should include a description of the responsibilities of the
various Agency roles in Earth observations, recommended cost-sharing and
procurement arrangements between Agencies and other entities, including
international arrangements, and a plan for ensuring the provision of
sustained, long term space-based climate observations. The
Director <> shall provide a report to Congress
within 90 days after the date of enactment of this Act on the
implementation plan for this mechanism.

SEC. 703. TRANSITIONING <> EXPERIMENTAL RESEARCH TO
OPERATIONS.

The Administrator shall coordinate with the Administrator of NOAA
and the Director of the United States Geological Survey to establish a
formal mechanism that plans, coordinates, and supports the transitioning
of NASA research findings, assets, and capabilities to NOAA operations
and United States Geological Survey operations. In defining this
mechanism, NASA should consider the establishment of a formal or
informal Interagency Transition Office. The
Administrator <> of NASA shall
provide an implementation plan for this mechanism to Congress within 90
days after the date of enactment of this Act.

[[Page 2831]]

SEC. 704. DECADAL <> SURVEY MISSIONS IMPLEMENTATION
FOR EARTH OBSERVATION.

The Administrator shall undertake to implement, as appropriate,
missions identified in the National Research Council's Earth Science
Decadal Survey within the scope of the funds authorized for the Earth
Science Mission Directorate.

SEC. 705. EXPANSION OF EARTH SCIENCE APPLICATIONS.

It is the sense of the Congress that the role of NASA in Earth
Science applications shall be expanded with other departments and
agencies of the Federal government, State and local governments, tribal
governments, academia, the private sector, nonprofit organizations, and
international partners. NASA's Earth science data can increasingly aid
efforts to improve the human condition and provide greater security.

SEC. 706. INSTRUMENT TEST-BEDS AND VENTURE CLASS MISSIONS.

The Administrator shall pursue innovative ways to fly instrument-
level payloads for early demonstration or as co-manifested payloads. The
Congress encourages the use of the ISS as an accessible platform for the
conduct of such activities. Additionally, in order to address the cost
and schedule challenges associated with large flight systems, NASA
should pursue smaller systems where practicable and warranted.

SEC. 707. SENSE OF CONGRESS ON NPOESS FOLLOW-ON PROGRAM.

It is the Sense of the Congress that--
(1) polar orbiting satellites are vital for weather
prediction, climate and environmental monitoring, national
security, emergency response, and climate research;
(2) the National Polar Orbiting Environmental Satellite
System has suffered from years of steadily rising cost estimates
and schedule delays and an independent review team recommended
that the System be restructured to improve the probability of
success and protect the continuity of weather and climate data;
(3) the Congress supports the decision made by OSTP in
February, 2010, to restructure the program to minimize schedule
slips and cost overruns, clarify the responsibilities and
accountability of NASA, NOAA, and the Department of Defense, and
retain necessary coordination across civil and defense weather
and climate programs;
(4) the Administrator of NOAA and the Secretary of Defense
should maximize the use of assets from the NPOESS program as
they establish the NOAA Joint Polar Satellite System at NASA's
Goddard Space Flight Center, and the Department of Defense's
Defense Weather Satellite System;
(5) the Administrator of NOAA and the Secretary of Defense
should structure their programs in order to maintain satellite
data continuity for the Nation's weather and climate
requirements; and
(6) the Administrator of NOAA and the Secretary of Defense
should provide immediate notification to the Congress of any
impediments that may require Congressional intervention in order
for the agencies to meet launch readiness dates, together with
any recommended actions.

[[Page 2832]]

TITLE VIII--SPACE SCIENCE

SEC. 801. <> TECHNOLOGY DEVELOPMENT.

The Administrator shall ensure that the Science Mission Directorate
maintains a long term technology development program for space and Earth
science. This effort should be coordinated with an overall Agency
technology investment approach, as authorized in section 905 of this
Act.

SEC. 802. <> SUBORBITAL RESEARCH ACTIVITIES.

(a) In General.--The report of the National Academy of Sciences,
Revitalizing NASA's Suborbital Program: Advancing Science, Driving
Innovation and Developing Workforce, found that suborbital science
missions were absolutely critical to building an aerospace workforce
capable of meeting the needs of current and future human and robotic
space exploration.
(b) Management.--The <> Administrator shall
designate an officer or employee of the Science Mission Directorate to
act as the responsible official for all Suborbital Research in the
Science Mission Directorate. The designee shall be responsible for the
development of short- and long term strategic plans for maintaining,
renewing and extending suborbital facilities and capabilities,
monitoring progress towards goals in the plans, and be responsible for
integration of suborbital activities and workforce development within
the agency, thereby ensuring the long term recognition of their combined
value to the directorate, to NASA, and to the Nation.

(c) Establishment of Suborbital Research Program.--The Administrator
shall establish a Suborbital Research Program within the Science Mission
Directorate that shall include the use of sounding rockets, aircraft,
high altitude balloons, suborbital reusable launch vehicles, and
commercial launch vehicles to advance science and train the next
generation of scientists and engineers in systems engineering and
systems integration which are vital to maintaining critical skills in
the aerospace workforce. The program shall integrate existing suborbital
research programs with orbital missions at the discretion of the
designated officer or employee and shall emphasize the participation of
undergraduate and graduate students and post-doctoral researchers when
formulating announcements of opportunity.
(d) Report.--The Administrator shall report to the appropriate
committees of Congress on the number and type of suborbital missions
conducted in each fiscal year and the number of undergraduate and
graduate students participating in the missions. The report shall be
made annually for each fiscal year under this section.
(e) Authorization.--There are authorized to be appropriated to the
Administrator such sums as may be necessary to carry out this section.

SEC. 803. OVERALL SCIENCE PORTFOLIO-SENSE OF THE CONGRESS.

Congress reaffirms its sense that a balanced and adequately funded
set of activities, consisting of research and analysis grants programs,
technology development, small, medium, and large space missions, and
suborbital research activities, contributes to a robust and productive
science program and serves as a catalyst for innovation.

[[Page 2833]]

SEC. 804. <> IN-SPACE SERVICING.

The Administrator shall continue to take all necessary steps to
ensure that provisions are made for in-space or human servicing and
repair of all future observatory-class scientific spacecraft intended to
be deployed in Earth-orbit or at a Lagrangian point to the extent
practicable and appropriate. The Administrator should ensure that agency
investments and future capabilities for space technology, robotics, and
human space flight take the ability to service and repair these
spacecraft into account, where appropriate, and incorporate such
capabilities into design and operational plans.

SEC. 805. <> DECADAL RESULTS.

NASA shall take into account the current decadal surveys from the
National Academies' Space Studies Board when submitting the President's
budget request to the Congress.

SEC. 806. ON-GOING <> RESTORATION OF RADIOISOTOPE
THERMOELECTRIC GENERATOR MATERIAL PRODUCTION.

(a) Findings.--The Congress finds the following:
(1) The United States has led the world in the scientific
exploration of space for nearly 50 years.
(2) Missions such as Viking, Voyager, Cassini, and New
Horizons have greatly expanded knowledge of our solar system and
planetary characteristics and evolution.
(3) Radioisotope power systems are the only available power
sources for deep space missions making it possible to travel to
such distant destinations as Mars, Jupiter, Saturn, Pluto, and
beyond and maintain operational control and systems viability
for extended mission durations.
(4) Current radioisotope power systems supplies and
production will not fully support NASA missions planned even in
the next decade and, without a new domestic production
capability, the United States will no longer have the means to
explore the majority of the solar system by the end of this
decade.
(5) Continuing to rely on Russia or other foreign sources
for radioisotope power system fuel production is not a secure
option.
(6) Reestablishing domestic production will require a long
lead-time. Thus, meeting future space exploration mission needs
requires that a restart project begin at the earliest
opportunity.

(b) In General.--The Administrator shall, in coordination with the
Secretary of Energy, pursue a joint approach beginning in fiscal year
2011 towards restarting and sustaining the domestic production of
radioisotope thermoelectric generator material for deep space and other
science and exploration <> missions. Funds authorized
by this Act for NASA shall be made available under a reimbursable
agreement with the Department of Energy for the purpose of
reestablishing facilities to produce fuel required for radioisotope
thermoelectric generators to enable future missions.

(c) Report.--Within 120 days after the date of enactment of this
Act, the Administrator and the Secretary of Energy shall submit a joint
report to the appropriate committees of Congress on coordinated
agreements, planned implementation, and anticipated schedule, production
quantities, and mission applications under this section.

[[Page 2834]]

SEC. 807. <> COLLABORATION WITH ESMD AND SOMD ON
ROBOTIC MISSIONS.

The Administrator shall ensure that the Exploration Systems Mission
Directorate and the Space Operations Mission Directorate coordinate with
the Science Mission Directorate on an overall approach and plan for
interagency and international collaboration on robotic missions that are
NASA or internationally developed, including lunar, Lagrangian, near-
Earth orbit, and Mars spacecraft, such as the International Lunar
Network. Within 90 <> days after the date of
enactment of this Act, the Administrator shall provide a plan to the
appropriate committees of Congress for implementation of the
collaborative approach required by this section. The Administrator may
not cancel or initiate any Exploration Systems Mission Directorate or
Science Mission Directorate robotic project before the plan is submitted
to the appropriate committees of Congress.

SEC. 808. <> NEAR-EARTH OBJECT SURVEY AND POLICY
WITH RESPECT TO THREATS POSED.

(a) Policy Reaffirmation.--Congress reaffirms the policy set forth
in section 102(g) of the National Aeronautics and Space Act of 1958 (42
U.S.C. 2451(g)) relating to surveying near-Earth asteroids and comets.
(b) Implementation.--The <> Director of the OSTP
shall implement, before September 30, 2012, a policy for notifying
Federal agencies and relevant emergency response institutions of an
impending near-Earth object threat if near-term public safety is at
risk, and assign a Federal agency or agencies to be responsible for
protecting the United States and working with the international
community on such threats.

SEC. 809. <> SPACE WEATHER.

(a) Findings.--The Congress finds the following:
(1) Space weather events pose a significant threat to modern
technological systems.
(2) The effects of severe space weather events on the
electric power grid, telecommunications and entertainment
satellites, airline communications during polar routes, and
space-based position, navigation and timing systems could have
significant societal, economic, national security, and health
impacts.
(3) Earth and Space Observing satellites, such as the
Advanced Composition Explorer, Geostationary Operational
Environmental Satellites, Polar Operational Environmental
Satellites, and Defense Meteorological Satellites, provide
crucial data necessary to predict space weather events.

(b) Action Required.--The Director of OSTP shall--
(1) improve the Nation's ability to prepare, avoid,
mitigate, respond to, and recover from potentially devastating
impacts of space weather events;
(2) coordinate the operational activities of the National
Space Weather Program Council members, including the NOAA Space
Weather Prediction Center and the U.S. Air Force Weather Agency;
and
(3) submit a report to the appropriate committees of
Congress within 180 days after the date of enactment of this Act
that--

[[Page 2835]]

(A) details the current data sources, both space-
and ground-based, that are necessary for space weather
forecasting; and
(B) details the space- and ground-based systems that
will be required to gather data necessary for space
weather forecasting for the next 10 years.

TITLE IX--AERONAUTICS AND SPACE TECHNOLOGY

SEC. 901. SENSE OF CONGRESS.

It is the sense of Congress that--
(1) aeronautics research remains vital to NASA's mission and
deserves continued support;
(2) NASA aeronautics research should be guided by, and
consistent with, the National Aeronautics Research and
Development Policy that guides the Nation's aeronautics research
and development activities;
(3) the OSTP-led National Science and Technology Council
Aeronautics Science and Technology subcommittee remains
essential to developing and coordinating national aeronautics
research and development plans and their prioritization for
funding, and that it is also important that the plans include a
focus on research, development, test, and evaluation
infrastructure plans, as well as research and development goals
and objectives; and
(4) technology research conducted by NASA as part of the
larger national aeronautics effort would help to secure,
sustain, and advance the leadership role of the United States in
global aviation.

SEC. 902. <> AERONAUTICS RESEARCH GOALS.

The Administrator should ensure that NASA maintains a strong
aeronautics research portfolio ranging from fundamental research through
systems research with specific research goals, including the following:
(1) Airspace capacity.--NASA's Aeronautics Research Mission
Directorate shall address research needs of the Next Generation
Air Transportation System, including the ability of the National
Airspace System to handle up to 3 times the current travel
demand by 2025.
(2) Environmental sustainability.--The Directorate shall
consider and pursue concepts to reduce noise, emissions, and
fuel consumption while maintaining high safety standards and
shall pursue research related to alternative fuels.
(3) Aviation safety.--The Directorate shall proactively
address safety challenges with new and current air vehicles and
with operations in the Nation's current and future air
transportation system.

SEC. 903. <> RESEARCH COLLABORATION.

(a) Department of Defense.--The <> Administrator shall
continue to coordinate with the Secretary of Defense, through the
National Partnership for Aeronautics Testing, to develop and implement
joint plans for those elements of the Nation's research,

[[Page 2836]]

development, testing, and engineering infrastructure that are of common
interest and use.

(b) Federal Aviation Administration.--The Administrator shall
continue to coordinate with, and work closely with, the Administrator of
the Federal Aviation Administration, under the framework of the Senior
Policy Council, in development of the Next Generation Air Transportation
Program. The Administrator shall encourage the Council to explore areas
for greater collaboration, including areas where NASA can help to
accelerate the development and demonstration of NextGen technologies.

SEC. 904. GOAL <> FOR AGENCY SPACE TECHNOLOGY.

It is critical that NASA maintain an Agency space technology base
that helps align mission directorate investments and supports long term
needs to complement mission-directorate funded research and support,
where appropriate, multiple users, building upon its Innovative
Partnerships Program and other partnering approaches.

SEC. 905. IMPLEMENTATION PLAN FOR AGENCY SPACE TECHNOLOGY.

Within <> 120 days after the date of enactment of
this Act, NASA shall submit a plan to the appropriate committees of
Congress that outlines how NASA's space technology program will meet the
goal described in section 904, including an explanation of how the plan
will link to other mission-directorate technology efforts outlined in
sections 608, 801, and 802 of this Act.

SEC. 906. NATIONAL <> SPACE TECHNOLOGY POLICY.

(a) In General.--The President <> or the
President's designee, in consultation with appropriate Federal agencies,
shall develop a national policy to guide the space technology
development programs of the United States through 2020. The policy shall
include national goals for technology development and shall describe the
role and responsibilities of each Federal agency that will carry out the
policy. In developing the policy, the President or the President's
designee shall utilize external studies that have been conducted on the
state of United States technology development and have suggested
policies to ensure continued competitiveness.

(b) Content.--
(1) At a minimum, the national space technology development
policy shall describe for NASA--
(A) the priority areas of research for technology
investment;
(B) the basis on which and the process by which
priorities for ensuing fiscal years will be selected;
(C) the facilities and personnel needed to carry out
the technology development program; and
(D) the budget assumptions on which the policy is
based, which for fiscal years 2011, 2012, and 2013 shall
be the authorized level for NASA's technology program
authorized by this Act.
(2) The policy shall be based on the premise that the
Federal Government has an established interest in conducting
research and development programs that help preserve the role of
the United States as a global leader in space technologies and
their application.
(3) Considerations.--In <> developing the
national space technology development policy, the President or
the President's

[[Page 2837]]

designee shall consider, and include a discussion in the report
required by subsection (c), of the following issues:
(A) The extent to which NASA should focus on long
term, high-risk research or more incremental technology
development, and the expected impact of that decision on
the United States economy.
(B) The extent to which NASA should address military
and commercial needs.
(C) How NASA will coordinate its technology program
with other Federal agencies.
(D) The extent to which NASA will conduct research
in-house, fund university research, and collaborate on
industry research and the expected impact of that mix of
funding on the supply of United States workers for
industry.
(4) Consultation.--In the <> development
of the national space technology development policy, the
President or the President's designee shall consult widely with
academic and industry experts and with other Federal agencies.
The Administrator may enter into an arrangement with the
National Academy of Sciences to help develop the policy.

(c) Report.--
(1) Policy.--Not later than 1 year after the date of
enactment of this Act, the President shall transmit a report
setting forth national space technology policy to the
appropriate committees of Congress and to the Senate Committee
on Appropriations and the House of Representatives Committee on
Appropriations.
(2) Implementation.--Not later than 60 days after the
President transmits the report required by paragraph (1) to the
Congress, the Administrator shall transmit a report to the same
committees describing how NASA will carry out the policy.

SEC. 907. COMMERCIAL <> REUSABLE SUBORBITAL
RESEARCH PROGRAM.

(a) In general.--The report of the National Academy of Sciences,
Revitalizing NASA's Suborbital Program: Advancing Science, Driving
Innovation and Developing Workforce, found that suborbital science
missions were absolutely critical to building an aerospace workforce
capable of meeting the needs of current and future human and robotic
space exploration.
(b) Management.--The Administrator <> shall
designate an officer or employee of the Space Technology Program to act
as the responsible official for the Commercial Reusable Suborbital
Research Program in the Space Technology Program. The designee shall be
responsible for the development of short- and long term strategic plans
for maintaining, renewing and extending suborbital facilities and
capabilities.

(c) Establishment.--The Administrator shall establish a Commercial
Reusable Suborbital Research Program within the Space Technology Program
that shall fund the development of payloads for scientific research,
technology development, and education, and shall provide flight
opportunities for those payloads to microgravity environments and
suborbital altitudes. The Commercial Reusable Suborbital Research
Program may fund engineering and integration demonstrations, proofs of
concept, or educational experiments for commercial reusable vehicle
flights. The program shall

[[Page 2838]]

endeavor to work with NASA's Mission Directorates to help achieve NASA's
research, technology, and education goals.
(d) Report.--The Administrator shall submit a report annually to the
appropriate committees of Congress describing progress in carrying out
the Commercial Reusable Suborbital Research program, including the
number and type of suborbital missions planned in each fiscal year.
(e) Authorization.--There are authorized to be appropriated to the
Administrator $15,000,000 for each of fiscal years 2011 through 2013 to
carry out this section.

TITLE X--EDUCATION

SEC. 1001. REPORT ON EDUCATION IMPLEMENTATION OUTCOMES.

Not later than 120 days after the date of the enactment of this Act,
the Administrator shall submit to the appropriate committees of Congress
a report on the metrics, internal and external relationships, and
resources committed by NASA to each of the following:
(1) The development of a national STEM workforce.
(2) The retention of students in STEM disciplines as
reflected by their education progression over time.
(3) The development of strategic partnerships and linkages
between STEM formal and informal education providers.

SEC. 1002. SENSE OF CONGRESS ON THE EXPERIMENTAL PROGRAM TO STIMULATE
COMPETITIVE RESEARCH.

It is the sense of Congress that--
(1) the Experimental Program to Stimulate Competitive
Research of NASA strengthens the research capabilities of
jurisdictions that historically have not participated equally in
competitive aerospace and aerospace-related research activities;
(2) the Experimental Program to Stimulate Competitive
Research of NASA has provided the American taxpayer with an
excellent return on investment;
(3) the Experimental Program to Stimulate Competitive
Research of NASA has been successful in helping to achieve
broader geographical distribution of research and development
support by improving the research infrastructure in States that
historically have received limited Federal research and
development funds; and
(4) in order to continue improvement and to increase
efficiency the award of grants under the Experimental Program to
Stimulate Competitive Research of NASA should be coordinated
with the award of grants under the Experimental Program to
Stimulate Competitive Research of the National Science
Foundation, the Department of Energy, the Department of
Agriculture, the Department of Defense, the Environmental
Protection Agency, and the National Institutes of Health.

SEC. 1003. SCIENCE, <> TECHNOLOGY, ENGINEERING, AND
MATHEMATICS COMMERCIAL ORBITAL PLATFORM PROGRAM.

A fundamental and unique capability of NASA is in stimulating
science, technology, engineering, and mathematics education in the
United States. In ensuring maximum use of that capability, NASA shall--

[[Page 2839]]

(1) establish a <> program
to annually sponsor scientific and educational payloads
developed with United States student and educator involvement to
be flown on commercially available orbital platforms, when
available and operational, with the goal of launching at least
50 such payloads (with at least one from each of the 50 States)
to orbit on at least one mission per year;
(2) contract <> with providers
of commercial orbital platform services for their use by the
STEM-Commercial Orbital Platform program, preceded by the
issuance of a request for proposal, not later than 90 days after
the date of enactment of this Act, to enter into at least one
funded, competitively-awarded contract for commercial orbital
platform services and make awards within 180 days after such
date; and
(3) engage with United States students and educators and
make available NASA's science, engineering, payload development,
and payload operations expertise to student teams selected to
participate in the STEM-Commercial Orbital Platform program.

TITLE XI--RE-SCOPING AND REVITALIZING INSTITUTIONAL CAPABILITIES

SEC. 1101. SENSE OF CONGRESS.

It is the sense of Congress that NASA needs to re-scope, and as
appropriate, down-size, to fit current and future missions and expected
funding levels. Eighty percent of NASA's facilities are over 40 years
old. Additionally, in a number of areas NASA finds itself ``holding
onto'' facilities and capabilities scaled to another era.

SEC. 1102. INSTITUTIONAL REQUIREMENTS STUDY.

Within 1 <> year after the date of enactment of
this Act, the Administrator shall provide to the appropriate committees
of Congress a comprehensive study that, taking into account the long
term direction provided by this Act, carefully examines NASA's
structure, organization, and institutional assets and identifies a
strategy to evolve toward the most efficient retention, sizing, and
distribution of facilities, laboratories, test capabilities, and other
infrastructure consistent with NASA's missions and mandates. The
Administrator should pay particular attention to identifying and
removing unneeded or duplicative infrastructure. The Administrator
should include in the study a suggested reconfiguration and reinvestment
strategy that would conform the needed equipment, facilities, test
equipment, and related organizational alignment that would best meet the
requirements of missions and priorities authorized and directed by this
Act. As part of this strategy, the Administrator should include
consideration and application of the findings and recommendations of the
National Research Council report, Capabilities for the Future: An
Assessment of NASA Laboratories for Basic Research, prepared in response
to section 1003 of the National Aeronautics and Space Administration
Authorization Act of 2008 (42 U.S.C. 17812).

[[Page 2840]]

SEC. 1103. NASA CAPABILITIES STUDY REQUIREMENT.

Upon completion <> of the study required by Section
1102, the Administrator shall establish an independent panel to examine
alternative management models for NASA's workforce, centers, and related
facilities in order to improve efficiency and productivity, while
nonetheless maintaining core Federal competencies and keeping
appropriately governmental functions internal to NASA. The study shall
include a recommended implementation strategy, which shall identify any
additional legislative authorities necessary to enable implementation of
the recommended strategy, including recommended actions to provide aid
and assistance to eligible communities to mitigate adverse impacts
resulting from implementation of the
proposed <> strategy. The Administrator shall provide
the results of this study to the appropriate committees of Congress
within 1 year after the date on which the study is begun.

SEC. 1104. SENSE OF CONGRESS ON COMMUNITY TRANSITION SUPPORT.

The Congress recognizes and supports current executive branch
efforts to assist and provide aid to communities that are adversely
impacted by NASA program changes, contract or program cancellations, or
proposed institutional changes, so as to minimize the social and
economic impacts to those communities, workers, and businesses.
Communities eligible for such aid would be those in close proximity to
NASA mission-related centers and their component facilities located in
Alabama, California, Florida, Louisiana, Maryland, Mississippi, New
Mexico, Ohio, Texas, and Virginia which may be impacted by program
changes authorized or directed by this Act or by the implementation
strategy developed pursuant to section 1103.

SEC. 1105. WORKFORCE <> STABILIZATION AND CRITICAL
SKILLS PRESERVATION.

Prior to receipt by the Congress of the study, recommendations, and
implementation strategy developed pursuant to section 1103, none of the
funds authorized for use under this Act may be used to transfer the
functions, missions, or activities, and associated civil service and
contractor positions, from any NASA facility without authorization by
the Congress to implement the proposed strategy. The Administrator shall
preserve the critical skills and competencies in place at NASA centers
prior to enactment of this Act in order to facilitate timely
implementation of the requirements of this Act and to minimize
disruption to the workforce. The Administrator may not implement any
reduction-in-force or other involuntary separations of permanent, non-
Senior-Executive-Service, civil servant employees before September 30,
2013, except for cause on charges of misconduct, delinquency, or
inefficiency.

TITLE XII--OTHER MATTERS

SEC. 1201. REPORT ON SPACE TRAFFIC MANAGEMENT.

The Administrator shall submit to the appropriate committees of
Congress a report on a status on the initiation of discussions

[[Page 2841]]

with other nations on a framework to address space traffic management
concerns, as required by section 1102 of the National Aeronautics and
Space Administration Act Authorization Act of 2008 (42 U.S.C. 17821).

SEC. 1202. NATIONAL <> AND INTERNATIONAL ORBITAL
DEBRIS MITIGATION.

(a) Findings.--Congress makes the following findings:
(1) A national and international effort is needed to develop
a coordinated approach towards the prevention, negation, and
removal of orbital debris.
(2) The guidelines issued by the Inter-Agency Space Debris
Coordination Committee provide a consensus understanding of 10
national space agencies (including NASA) plus the European Space
Agency on the necessity of mitigating the creation of space
debris and measures for doing so. NASA's participation on the
Committee should be robust, and NASA should urge other space-
relevant Federal agencies (including the Departments of State,
Defense, and Commerce) to work to ensure that their counterpart
agencies in foreign governments are aware of these national
commitments and the importance in which the United States holds
them.
(3) Key components of such an approach should include--
(A) a process for debris prevention through
agreements regarding spacecraft design, operations, and
end-of-life disposition plans to minimize orbiting
vehicles or elements which are nonfunctional;
(B) the development of a robust Space Situational
Awareness network that can identify potential collisions
and provide sufficient trajectory and orbital data to
enable avoidance maneuvers;
(C) the interagency development of an overall
strategy for review by the President, with
recommendations for proposed international collaborative
efforts to address this challenge.

(b) International Discussion.--
(1) In general.--The Administrator shall, in consultation
with such other departments and agencies of the Federal
Government as the Administrator considers appropriate, continue
and strengthen discussions with the representatives of other
space-faring countries, within the Inter-Agency Space Debris
Coordination Committee and elsewhere, to deal with this orbital
debris mitigation.
(2) Interagency effort.--For purposes of carrying out this
subsection, the Director of OSTP, in coordination with the
Director of the National Security Council and using the
President's Council of Advisors on Science and Technology
coordinating mechanism, shall develop an overall strategy for
review by the President, with recommendations for proposed
international collaborative efforts to address this challenge.

SEC. 1203. REPORTS <> ON PROGRAM AND COST
ASSESSMENT AND CONTROL ASSESSMENT.

(a) Findings.--Congress makes the following findings:
(1) The adherence of NASA to program cost and schedule
targets and discipline across NASA programs remains a concern.

[[Page 2842]]

(2) The James Webb Space Telescope has exceeded its cost
estimate.
(3) In 2007 the Government Accountability Office issued a
report on NASA's high risk acquisition performance.
(4) In response, NASA prepared a corrective action plan two
years ago.

(b) Reports.--
(1) Reports required.--Not later than 90 days after the date
of the enactment of this Act, and not later than April 30 of
each year thereafter, the Administrator shall submit to the
appropriate committees of Congress a report on the
implementation during the preceding year for the corrective
action plan referred to in subsection (a)(4).
(2) Elements.--Each report under this subsection shall set
forth, for the year covered by such report, the following:
(A) A description of each NASA program that has
exceeded its cost baseline by 15 percent or more or is
more than 2 years behind its projected development
schedule.
(B) For each program specified under subparagraph
(A), a plan for such decrease in scope or requirements,
or other measures, to be undertaken to control cost and
schedule, including any cost monitoring or corrective
actions undertaken pursuant to the National Aeronautics
and Space Administration Authorization Act of 2005
(Public Law 109-155), and the amendments made by that
Act.

SEC. 1204. ELIGIBILITY <> FOR SERVICE OF INDIVIDUAL
CURRENTLY SERVING AS ADMINISTRATOR OF NASA.

The individual serving in the position of Administrator of the
National Aeronautics and Space Administration as of the date of the
enactment of this Act comes from civilian life and is therefore eligible
to serve in such position, in conformance with section 202 of the
National Aeronautics and Space Act of 1958 (42 U.S.C. 2472(a)).

SEC. 1205. SENSE OF CONGRESS ON INDEPENDENT VERIFICATION AND VALIDATION
OF NASA SOFTWARE.

It is the sense of Congress that--
(1) safety is at the heart of every NASA mission;
(2) the Office of Safety and Mission Assurance remains vital
to assuring the safety of all NASA activities;
(3) among the most important activities of the Office of
Safety and Mission Assurance is the performance of independent
safety and mission assurance assessments and process
verification reviews;
(4) as NASA embarks on a new path, independent verification
and validation of software must be of the highest priority to
ensure safety throughout all NASA programs;
(5) NASA's activities depend on software integrity to
achieve their goals and deliver a successful mission to the
American people;
(6) independent verification and validation is necessary to
ensure that safety-critical software will operate dependably and
support mission success;
(7) the creation of the Independent Verification and
Validation Facility of NASA was the direct result of
recommendations made by the National Research Council and the
Report of

[[Page 2843]]

the Presidential Commission on the Space Shuttle Challenger
Accident;
(8) the mission-critical software of NASA must operate
dependably and safely;
(9) the Independent Verification and Validation Facility of
NASA plays an important role in assuring the safety of all NASA
activities by improving methodologies for risk identification
and assessment, and providing recommendations for risk
mitigation and acceptance; and
(10) the Independent Verification and Validation Facility
shall be the sole provider of independent verification and
validation services for software created by or for NASA.

SEC. 1206. <> COUNTERFEIT PARTS.

(a) In General.--The Administrator <> shall plan,
develop, and implement a program, in coordination with other Federal
agencies, to detect, track, catalog, and reduce the number of
counterfeit electronic parts in the NASA supply chain.

(b) Requirements.--In carrying out the program, the Administrator
shall establish--
(1) counterfeit part identification training for all
employees that procure, process, distribute, and install
electronic parts that will--
(A) teach employees how to identify counterfeit
parts;
(B) educate employees on procedures to follow if
they suspect a part is counterfeit;
(C) regularly update employees on new threats,
identification techniques, and reporting requirements;
and
(D) integrate industry associations, manufacturers,
suppliers, and other Federal agencies, as appropriate;
(2) an internal <> database to track all
suspected and confirmed counterfeit electronic parts that will
maintain, at a minimum--
(A) companies and individuals known and suspected of
selling counterfeit parts;
(B) parts known and suspected of being counterfeit,
including lot and date codes, part numbers, and part
images;
(C) countries of origin;
(D) sources of reporting;
(E) United States Customs seizures; and
(F) Government-Industry Data Exchange Program
reports and other public or private sector database
notifications; and
(3) a mechanism to report all information on suspected and
confirmed counterfeit electronic parts to law enforcement
agencies, industry associations, and other databases, and to
issue bulletins to industry on counterfeit electronic parts and
related counterfeit activity.

(c) Review of Procurement and Acquisition Policy.--
(1) In general.--In establishing the program, the
Administrator shall amend existing acquisition and procurement
policy to purchase electronic parts from trusted or approved
manufacturers. To
determine <> trusted or
approved manufacturers, the Administrator shall establish a
list, assessed and adjusted at least annually, and create
criteria for manufacturers to meet in order to be placed onto
the list.

[[Page 2844]]

(2) Criteria.--The criteria may include--
(A) authentication or encryption codes;
(B) embedded security markings in parts;
(C) unique, harder to copy labels and markings;
(D) identifying distinct lot and serial codes on
external packaging;
(E) radio frequency identification embedded into
high-value parts;
(F) physical destruction of all defective, damaged,
and sub-standard parts that are by-products of the
manufacturing process;
(G) testing certifications;
(H) maintenance of procedures for handling any
counterfeit parts that slip through;
(I) maintenance of secure facilities to prevent
unauthorized access to proprietary information; and
(J) maintenance of product return, buy back, and
inventory control practices that limit counterfeiting.

(d) Report to Congress.--Within one year after the date of enactment
of this Act, the Administrator shall report on the progress of
implementing this section to the appropriate committees of Congress.

SEC. 1207. <> INFORMATION SECURITY.

(a) Monitoring Risk.--
(1) Update on system implementation.--Not
later <> than 120 days after the
date of enactment of this Act, and on a biennial basis
thereafter, the chief information officer of NASA, in
coordination with other national security agencies, shall
provide to the appropriate committees of Congress--
(A) an update on efforts to implement a system to
provide dynamic, comprehensive, real-time information
regarding risk of unauthorized remote, proximity, and
insider use or access, for all information
infrastructure under the responsibility of the chief
information officer, and mission-related networks,
including contractor networks;
(B) an assessment of whether the system has
demonstrably and quantifiably reduced network risk
compared to alternative methods of measuring security;
and
(C) an assessment of the progress that each center
and facility has made toward implementing the system.
(2) Existing assessments.--The assessments required of the
Inspector General under section 3545 of title 44, United States
Code, shall evaluate the effectiveness of the system described
in this subsection.

(b) Information Security Awareness and Education.--
(1) In general.--In consultation with the Department of
Education, other national security agencies, and other agency
directorates, the chief information officer shall institute an
information security awareness and education program for all
operators and users of NASA information infrastructure, with the
goal of reducing unauthorized remote, proximity, and insider use
or access.
(2) Program requirements.--

[[Page 2845]]

(A) The program shall include, at a minimum, ongoing
classified and unclassified threat-based briefings, and
automated exercises and examinations that simulate
common attack techniques.
(B) All agency employees and contractors engaged in
the operation or use of agency information
infrastructure shall participate in the program.
(C) Access to NASA information infrastructure shall
only be granted to operators and users who regularly
satisfy the requirements of the program.
(D) The chief human capital officer of NASA, in
consultation with the chief information officer, shall
create a system to reward operators and users of agency
information infrastructure for continuous high
achievement in the program.

(c) Information Infrastructure Defined.--In this section, the term
``information infrastructure'' means the underlying framework that
information systems and assets rely on to process, transmit, receive, or
store information electronically, including programmable electronic
devices and communications networks and any associated hardware,
software, or data.

SEC. 1208. NATIONAL CENTER FOR HUMAN PERFORMANCE.

(a) In General.--The National Center for Human Performance is
located in Houston's Texas Medical Center which is home to 49 non-profit
and academic patient care, biomedical research, and health educational
institutions serving 6 million patients each year, and works
collaboratively with individuals and organizations, including NASA, to
advance science and research on human performance in space, health, the
military, athletics, and the arts.
(b) Designation as Institution of Excellence.--The National Center
for Human Performance is designated as an Institution of Excellence for
Human Performance dedicated to understanding and improving all aspects
of human performance.

SEC. 1209. ENHANCED-USE LEASING.

(a) Sense of the Congress.--It is the sense of the Congress that the
NASA enhanced-use leasing program is a fiscally responsible program to
further maintain the exploration-related infrastructure of our Nation's
space centers while ensuring continued private utilization of these
Federal assets, and every effort should be made to ensure effective
utilization of this program.

SEC. 1210. SENSE OF CONGRESS CONCERNING THE STENNIS SPACE CENTER.

It is the sense of the Congress that the Stennis Space Center
represents the national capability for development and certification of
liquid propulsion technologies vital to our Nation's space flight
program, and that the Federal government should fully utilize that
resource and continue to make the testing facility available for further
development of commercial aerospace capabilities.

[[Page 2846]]

TITLE XIII--COMPLIANCE WITH STATUTORY PAY-AS-YOU-GO ACT OF 2010

SEC. 1301. COMPLIANCE PROVISION.

The budgetary effects of this Act, for the purpose of complying with
the Statutory Pay-As-You-Go-Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the Senate Budget Committee, provided that
such statement has been submitted prior to the vote on passage.

Approved October 11, 2010.

LEGISLATIVE HISTORY--S. 3729:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 111-576 (Comm. on Science and Technology).
SENATE REPORTS: No. 111-278 (Comm. on Commerce, Science, and
Transportation).
CONGRESSIONAL RECORD, Vol. 156 (2010):
Aug. 5, considered and passed Senate.
Sept. 29, considered and passed House.