[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5781 Reported in House (RH)]
Union Calendar No. 333
111th CONGRESS
2d Session
H. R. 5781
[Report No. 111-576]
To authorize the programs of the National Aeronautics and Space
Administration, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 20, 2010
Mr. Gordon of Tennessee (for himself, Mr. Hall of Texas, Ms. Giffords,
and Mr. Olson) introduced the following bill; which was referred to the
Committee on Science and Technology
July 28, 2010
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on July
20, 2010]
_______________________________________________________________________
A BILL
To authorize the programs of the National Aeronautics and Space
Administration, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 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--HUMAN SPACE FLIGHT
Subtitle A--Exploration
Sec. 201. Reaffirmation of exploration policy.
Sec. 202. Restructured Exploration program.
Sec. 203. Space radiation.
Subtitle B--International Space Station
Sec. 211. Extension of ISS operations.
Sec. 212. ISS research management institution.
Sec. 213. ISS research management plan.
Sec. 214. Outreach plan for United States ISS research.
Sec. 215. ISS cargo resupply requirements and contingency capacity
through 2020.
Sec. 216. Centrifuge.
Sec. 217. Exploration technology development using the ISS.
Sec. 218. Fundamental space life science and physical sciences and
related technology research.
Subtitle C--Space Shuttle
Sec. 221. Contingent authorization of additional space shuttle mission.
Sec. 222. Expanded scope of Space Shuttle Transition Liaison Office.
Sec. 223. Post-Shuttle workforce transition initiative grant program.
Sec. 224. Disposition of orbiter vehicles.
Subtitle D--Space and Flight Support
Sec. 231. 21st Century Space Launch Complex Initiative.
Subtitle E--Commercial Crew Transportation
Sec. 241. Affirmation of policy.
Sec. 242. Commercial crew and related commercial space initiatives.
Sec. 243. Federal assistance for the development of commercial orbital
human space transportation services.
Subtitle F--General Provisions
Sec. 251. Use of program funds.
TITLE III--SCIENCE
Subtitle A--Earth Science
Sec. 301. Earth science applications.
Sec. 302. Essential space-based Earth science and climate measurements.
Sec. 303. Commercial remote sensing data purchases pilot project.
Sec. 304. Report on temperature records.
Subtitle B--Space Science
Sec. 311. Suborbital programs.
Sec. 312. Review of Explorer program.
Sec. 313. Radioisotope thermoelectric generator material requirements
and supply.
TITLE IV--AERONAUTICS
Sec. 401. Environmentally friendly aircraft research and development
initiative.
Sec. 402. Research on NextGen airspace management concepts and tools.
Sec. 403. Research on aircraft cabin air quality.
Sec. 404. Research on on-board volcanic ash sensor systems.
Sec. 405. Aeronautics test facilities.
Sec. 406. Expanded research program on composite materials used in
aerospace.
TITLE V--SPACE TECHNOLOGY
Sec. 501. Space technology program.
TITLE VI--EDUCATION AND OUTREACH
Sec. 601. STEM education and training.
Sec. 602. Assessment of impediments to space science and engineering
workforce development for minority and
underrepresented groups at NASA.
Sec. 603. Independent review of the National Space Grant College and
Fellowship Program.
Sec. 604. Hands-on space science and engineering education and
training.
TITLE VII--INSTITUTIONAL CAPABILITIES REVITALIZATION
Sec. 701. Institutional management.
Sec. 702. James E. Webb Cooperative Education Distinguished Scholar
Program.
TITLE VIII--ACQUISITION MANAGEMENT
Sec. 801. Prohibition on expenditure of funds when 30 percent threshold
is exceeded.
Sec. 802. Project and program reserves.
Sec. 803. Independent reviews.
Sec. 804. Avoiding organizational conflicts of interest in major NASA
acquisition programs.
Sec. 805. Report to Congress.
TITLE IX--OTHER PROVISIONS
Sec. 901. Cloud computing.
Sec. 902. Review of practices to detect and prevent the use of
counterfeit parts.
Sec. 903. Preservation and management of lunar sites.
Sec. 904. Continuity of moderate resolution land imaging remote sensing
data.
Sec. 905. Space weather.
Sec. 906. Use of operational commercial suborbital vehicles for
research, development, and education.
Sec. 907. Study on export control matters related to United States
astronaut safety and NASA mission
operations.
Sec. 908. Amendment to the National Aeronautics and Space Act of 1958.
Sec. 909. Near-Earth objects.
Sec. 910. Sense of Congress.
Sec. 911. Ethics programs in the Office of General Counsel.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) NASA is and should remain a multimission agency with a
balanced and robust set of core missions in science,
aeronautics, and human space flight and exploration.
(2) NASA's programs have the potential to inspire our youth
to pursue studies and careers in science, technology,
engineering, and mathematics, and the agency should carry out
its activities in a manner that enhances the educational and
outreach potential of its programs.
(3) NASA should begin to reinvest in sustained fashion in a
long-term space technology research and development activity.
Such investments are an important catalyst for innovation, and
they represent the critically important ``seed corn'' on which
NASA's ability to carry out challenging and productive missions
in the future will depend.
(4) The Space Shuttle workforce, both civil servants and
contractors, encompasses skills and experience that will be
needed in the Nation's future human space flight activities,
and the transition of that workforce to a challenging human
space flight and exploration program needs to be carried out in
as expeditious and nondisruptive a manner as possible.
(5) Human and robotic exploration of the solar system will
be a significant undertaking of humanity in the 21st century
and beyond, and it is in the national interest that the United
States should assume a leadership role in a cooperative
international exploration initiative. Continuity of exploration
goals is critical if progress is to be maximized and costly
inefficiencies are to be minimized.
(6) Commercial activities have long contributed to the
vitality and strength of the Nation's space and aeronautics
programs, and the growth of a healthy, self-sustaining United
States commercial space and aeronautics sector should continue
to be encouraged.
(7) Congress agrees with the finding of the Review of
United States Human Spaceflight Plans Committee that: ``While
there are many potential benefits of commercial services that
transport crew to low-Earth orbit, there are simply too many
risks at the present time not to have a viable fallback option
for risk mitigation.''.
(8) It is in the national interest for the United States
Government to develop a government system to serve as an
independent means--whether primary or backup--of crewed access
to low-Earth orbit and beyond so that it is not dependent on
either non-United States or commercial systems for its crewed
access to space.
(9) Development of the next crewed space transportation
system to low-Earth orbit should be guided by the Columbia
Accident Investigation Board's recommendation that ``the design
of the system should give overriding priority to crew safety,
rather than trade safety against other performance criteria,
such as low cost and reusability''.
(10) In an environment of constrained budgets, responsible
stewardship of taxpayer-provided resources makes it imperative
that NASA's exploration program be carried out in a manner that
builds on the investments made to date in the Orion, Ares I,
and heavy lift projects and other activities of the exploration
program in existence prior to fiscal year 2011 rather than
discarding them. A restructured exploration program should
pursue the incremental development and demonstration of crewed
and heavy-lift transportation systems in a manner that ensures
that investments to provide assured access to low-Earth orbit
also directly support the expeditious development of the heavy
lift launch vehicle system, minimize the looming human space
flight ``gap'', provide a very high level of crew safety, and
enable challenging missions beyond low-Earth orbit in a timely
manner.
(11) NASA's programs in astrophysics, heliophysics,
planetary science, and Earth science and climate research have
greatly increased our understanding of both our home planet and
the rest of the universe, and they have also provided numerous
benefits to our society.
(12) NASA's aeronautics program is undertaking research and
development that benefits our economic development and
competitiveness, enhances our quality of life and enables
environmentally responsible aviation operations, and
strengthens our national defense.
(13) The ISS provides a unique research environment and
capabilities for basic and applied research, as well as having
the potential to serve as a testbed for human space flight
technologies and operational concepts. It is critically
important that NASA make needed investments to promote
productive ISS utilization, including a meaningful program of
grants in the life and physical sciences microgravity research
disciplines.
(14) It is in the national interest for the United States
to have an export control policy that protects the national
security while also enabling the United States aerospace
industry to compete effectively in the global marketplace and
the United States to undertake cooperative programs in science
and human space flight in an effective manner.
(15) A strong, robust NASA program is in the national
interest. Ensuring that it can continue to pursue cutting-edge
space and aeronautical research and development activities and
push back the frontier of space exploration requires a
sustained and adequate commitment in resources. However, NASA's
share of the Federal discretionary budgetary authority has
declined significantly relative to its post-Apollo historical
average share of 2.07 percent. It should be a national goal to
restore NASA's funding share to its post-Apollo historical
average.
(16) NASA should be vigilant in taking all necessary steps
to control cost and schedule growth in mission projects,
including the development of an integrated cost containment
strategy, and adopt measures that improve the performance and
transparency of its cost and acquisition management practices.
NASA should approach cost and schedule management with the same
level of innovation, rigor, and technical excellence that it
applies to the execution of its mission projects.
(17) NASA has been inconsistent in its treatment of
termination liability costs for contracts issued by different
mission directorates and across various agency programs
relative to historical practice. This inconsistency has
hampered NASA's ability to effectively execute its Exploration
programs.
(18) NASA's temperature records substantially overlap with
the records of the Climatic Research Unit (CRU) at the
University of East Anglia.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of NASA.
(2) ISS.--The term ``ISS'' means the International Space
Station.
(3) NASA.--The term ``NASA'' means the National Aeronautics
and Space Administration.
(4) NOAA.--The term ``NOAA'' means the National Oceanic and
Atmospheric Administration.
(5) OSTP.--The term ``OSTP'' means the Office of Science
and Technology Policy.
TITLE I--AUTHORIZATION OF APPROPRIATIONS
SEC. 101. FISCAL YEAR 2011.
There are authorized to be appropriated to the Administrator for
fiscal year 2011 $19,000,000,000, to be allocated as follows:
(1) For Science, $5,015,700,000, of which--
(A) $1,801,800,000 shall be for Earth Science;
(B) $1,485,700,000 shall be for Planetary Science;
(C) $1,076,300,000 shall be for Astrophysics;
(D) $646,900,000 shall be for Heliophysics, of
which $5,000,000 shall be an augmentation to the
Explorers program; and
(E) $5,000,000 shall be an augmentation to the
total amount provided under subparagraphs (C) and (D)
for Astrophysics and Heliophysics in order to augment
the funding for the Science Mission Directorate's
suborbital research programs, to be allocated between
the Astrophysics and Heliophysics suborbital programs
at the Administrator's discretion.
(2) For Aeronautics, $579,600,000.
(3) For Space Technology, $572,200,000.
(4) For Exploration, $4,535,300,000 of which--
(A) $215,000,000 shall be for Human Research;
(B) $14,000,000 shall be for the Commercial Orbital
Transportation System demonstration program;
(C) $50,000,000 shall be for commercial crew
transportation-related activities;
(D) $4,156,300,000 shall be for the restructured
exploration program described in section 202; and
(E) $100,000,000 shall be for the loan and loan
guarantee program described in section 243.
(5) For Space Operations, $4,594,300,000, of which--
(A) $989,100,000 shall be for the Space Shuttle
program;
(B) $2,804,800,000 shall be for the ISS, of which
$75,000,000 shall be for fundamental space life science
and physical sciences and related technology research
using ground-based, free-flyer, and ISS facilities,
including ISS National Laboratory research;
(C) $60,000,000 shall be for the Post-Shuttle
Workforce Transition Initiative grant program described
in section 223; and
(D) $740,400,000 shall be for Space and Flight
Support, of which $50,000,000 shall be for the 21st
Century Launch Complex Initiative.
(6) For Education, $145,800,000.
(7) For Cross-Agency Support Programs, $3,111,400,000.
(8) For Construction and Environmental Compliance and
Restoration, $407,300,000, of which $10,000,000 is an
augmentation to the President's requested funding level in
order to support the NASA laboratory revitalization initiative
described in section 701.
(9) For Inspector General, $38,400,000.
SEC. 102. FISCAL YEAR 2012.
There are authorized to be appropriated to the Administrator for
fiscal year 2012 $19,450,000,000, to be allocated as follows:
(1) For Science, $5,278,600,000 of which--
(A) $1,944,500,000 shall be for Earth Science;
(B) $1,547,200,000 shall be for Planetary Science;
(C) $1,109,300,000 shall be for Astrophysics;
(D) $672,600,000 shall be for Heliophysics, of
which $25,000,000 shall be an augmentation to the
Explorers program; and
(E) $5,000,000 shall be an augmentation to the
total amount provided under subparagraphs (C) and (D)
for Astrophysics and Heliophysics in order to augment
the funding for the Science Mission Directorate's
suborbital research programs, to be allocated between
the Astrophysics and Heliophysics suborbital programs
at the Administrator's discretion.
(2) For Aeronautics, $598,700,000, of which $78,900,000
shall be for the Aviation Safety Program, $80,400,000 shall be
for the Aeronautics Test Program, $83,900,000 shall be for the
Airspace Systems Program, $233,500,000 shall be for Fundamental
Aeronautics, and $122,000,000 shall be for Integrated Systems
Research.
(3) For Space Technology, $1,012,200,000.
(4) For Exploration, $4,881,800,000 of which--
(A) $215,000,000 shall be for Human Research;
(B) $50,000,000 shall be for commercial crew
transportation-related activities;
(C) $4,516,800,000 shall be for the restructured
exploration program described in section 202; and
(D) $100,000,000 shall be for the loan and loan
guarantee program described in section 243.
(5) For Space Operations, $3,930,300,000, of which--
(A) $86,100,000 shall be for the Space Shuttle
program;
(B) $3,033,600,000 shall be for the ISS, of which
$100,000,000 shall be for fundamental space life
science and physical sciences and related technology
research using ground-based, free-flyer, and ISS
facilities, including ISS National Laboratory research;
(C) $40,000,000 shall be for the Post-Shuttle
Workforce Transition Initiative grant program described
in section 223; and
(D) $770,600,000 shall be for Space and Flight
Support, of which $50,000,000 shall be for the 21st
Century Launch Complex Initiative.
(6) For Education, $145,800,000.
(7) For Cross-Agency Support Programs, $3,189,600,000.
(8) For Construction and Environmental Compliance and
Restoration, $373,800,000, of which $10,000,000 is an
augmentation to the President's requested level in order to
support the NASA laboratory revitalization initiative described
in section 701.
(9) For Inspector General, $39,200,000.
SEC. 103. FISCAL YEAR 2013.
There are authorized to be appropriated to the Administrator for
fiscal year 2013 $19,960,000,000, to be allocated as follows:
(1) For Science, $5,569,500,000, of which--
(A) $2,089,500,000 shall be for Earth Science;
(B) $1,591,200,000 shall be for Planetary Science;
(C) $1,149,100,000 shall be for Astrophysics;
(D) $734,700,000 shall be for Heliophysics, of
which $55,000,000 shall be an augmentation to the
Explorers program; and
(E) $5,000,000 shall be an augmentation to the
total amount provided under subparagraphs (C) and (D)
for Astrophysics and Heliophysics in order to augment
the funding for the Science Mission Directorate's
suborbital research programs, to be allocated between
the Astrophysics and Heliophysics suborbital programs
at the Administrator's discretion.
(2) For Aeronautics, $609,400,000, of which $81,200,000
shall be for the Aviation Safety Program, $79,600,000 shall be
for the Aeronautics Test Program, $87,300,000 shall be for the
Airspace Systems Program, $239,000,000 shall be for Fundamental
Aeronautics, and $122,300,000 shall be for Integrated Systems
Research.
(3) For Space Technology, $1,059,700,000.
(4) For Exploration, $4,888,500,000 of which--
(A) $215,000,000 shall be for Human Research;
(B) $5,000,000, shall be for the Exploration
Technology and Demonstration program;
(C) $5,000,000 shall be for the Exploration
Precursor Robotic Missions program;
(D) $50,000,000 shall be for commercial crew
transportation-related activities;
(E) $4,513,500,000 shall be for the restructured
exploration program described in section 202; and
(F) $100,000,000 shall be for the loan and loan
guarantee program described in section 243.
(5) For Space Operations, $3,993,300,000, of which--
(A) $3,179,400,000 shall be for the ISS, of which
$100,000,000 shall be for fundamental space life
science and physical sciences and related technology
research using ground-based, free-flyer, and ISS
facilities, including ISS National Laboratory research;
(B) $40,000,000 shall be for the Post-Shuttle
Workforce Transition Initiative grant program described
in section 223; and
(C) $773,900,000 shall be for Space and Flight
Support, of which $50,000,000 shall be for the 21st
Century Launch Complex Initiative.
(6) For Education, $145,800,000.
(7) For Cross-Agency Support Programs, $3,276,800,000.
(8) For Construction and Environmental Compliance and
Restoration, $376,900,000, of which $10,000,000 is an
augmentation to the President's requested funding level in
order to support the NASA laboratory revitalization initiative
described in section 701.
(9) For Inspector General, $40,100,000.
TITLE II--HUMAN SPACE FLIGHT
Subtitle A--Exploration
SEC. 201. REAFFIRMATION OF EXPLORATION POLICY.
Congress reaffirms its support for the exploration policy set forth
in sections 401 and 402 of the National Aeronautics and Space
Administration Authorization Act of 2008 (Public Law 110-422; 122 Stat.
4788-4789).
SEC. 202. RESTRUCTURED EXPLORATION PROGRAM.
(a) Requirements.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall develop a plan to
restructure the exploration program in existence prior to fiscal year
2011 in order to develop and demonstrate in an integrated manner and as
expeditiously and efficiently as practicable a governmentally owned
crew transportation system and heavy lift transportation system that
satisfies the following requirements:
(1) The plan shall make maximum practicable use of the
design, development, and test work completed to date on the
Orion crew exploration vehicle, Ares I crew launch vehicle,
heavy lift launch vehicle system, and associated ground support
and exploration enabling systems, including spacesuit
development and related life support technology, and take best
advantage of investments and contracts implemented to date.
(2) The performance capabilities of the crew transportation
system shall be phased in a manner that is consistent with
available and anticipated resources, with the initial
operational goal of having the crew transportation system
developed under this section available to assure crewed access
to low-Earth orbit and the ISS no later than December 31, 2015,
in order to minimize the duration of the United States human
space flight gap following the retirement of the Space Shuttle
fleet. If one or more United States commercial entities are
certified to provide ISS crew transportation and rescue
services, the crew transportation system developed under this
section shall be available as a backup ISS crew transportation
and rescue service as needed but shall not be utilized as the
primary means of ISS crew transportation and rescue or
otherwise compete with the commercial system for ISS crew
transportation and rescue services.
(3) The crewed spacecraft element of the crew
transportation system shall be evolvable on a continuous
development path to support--
(A) ISS crew transportation and rescue capability;
(B) non-ISS missions to, from, and in low-Earth
orbit; and
(C) human missions beyond low-Earth orbit.
(4) The crew transportation system shall be able to serve
as a testbed for demonstrating operations concepts for
exploration missions beyond low-Earth orbit, as well as for
demonstrating technologies and carrying out risk reduction for
the heavy lift launch vehicle development program.
(5) The crew transportation system shall have predicted
levels of safety during ascent to low-Earth orbit, transit, and
descent from low-Earth orbit that are not less than those
required of the Ares I/Orion configuration that has completed
program preliminary design review.
(6) In order to make the most cost-effective use of the
funds available for the restructured exploration program, the
Administrator shall pursue the expeditious and cost-efficient
development of a heavy lift launch system that utilizes the
systems and flight and ground test activities of the crew
transportation system developed under this section to the
maximum extent practicable. In developing the heavy lift launch
vehicle--
(A) the heavy lift launch vehicle shall be sized to
enable challenging missions beyond low-Earth orbit and
evolvable on a continuous development path to enable
the efficient and cost-effective conduct of crewed
missions to the full range of destinations envisioned
in the National Aeronautics and Space Administration
Authorization Act of 2008, namely Lagrangian points,
the Moon, near-Earth objects, and Mars and its moons;
(B) not later than 180 days after the date of
enactment of this Act, the Administrator shall carry
out a review of the heavy lift launch vehicle
requirements needed to support crewed missions to the
full range of destinations envisioned in the National
Aeronautics and Space Administration Authorization Act
of 2008, and shall select an exploration launch vehicle
architecture to meet those requirements;
(C) the development of the heavy lift launch
vehicle authorized in this paragraph shall be completed
as expeditiously as possible within available resources
and shall take maximum benefit from the prior
investments made in the Orion, Ares I, and heavy lift
projects and from investments made in the restructured
program on the development, demonstration, and test of
the crew transportation system; and
(D) the Administrator shall strive to meet the goal
of having the heavy lift launch vehicle authorized in
this paragraph available for operational missions by
the end of the current decade.
(b) Implementation of Restructured Program.--The restructured
exploration program shall be implemented in a manner that--
(1) facilitates the planned transition of Space Shuttle
program personnel to the restructured exploration program upon
the retirement of the Space Shuttle fleet, while providing for
cost effective management and vehicle development;
(2) provides for a robust flight and ground test and
demonstration program;
(3) streamlines program management processes to the maximum
extent practicable while ensuring that the Government's ability
to meet its responsibilities for cost discipline, safety, and
mission assurance is maintained;
(4) working with industry, eliminates unnecessary NASA and
industry institutional infrastructure, other fixed costs,
processes, and oversight, reducing exploration program fixed
costs to the extent practicable and maximizing the program's
affordability;
(5) incentivizes, through innovative management practices,
NASA program and project managers and industry counterparts to
establish and maintain realistic cost and schedule estimates,
and take necessary steps to avoid cost and schedule growth;
(6) seeks to minimize to the extent practicable the
operating costs of the crew transportation system developed
under the restructured exploration program;
(7) enables the restructured exploration program to
undertake in an incremental fashion increasingly challenging
uncrewed and crewed demonstration flights in and beyond low-
Earth orbit;
(8) allows the systems developed under the restructured
exploration program to serve as potential testbeds for the
demonstration of key enabling exploration technologies and
operational capabilities; and
(9) prepares for and enables human missions to a variety of
destinations in the inner solar system, including cislunar
space, the Moon, Lagrangian points, near-Earth objects, and
ultimately Mars and its moons.
(c) Support Systems.--The restructured exploration program shall
continue work on ground systems and other exploration-enabling
technologies and capabilities needed to support the exploration
program, including spacesuit development, as expeditiously as possible
within available resources.
(d) NASA Launch Support and Infrastructure Modernization Program
for the Restructured Exploration Program.--
(1) In general.--The Administrator shall carry out a
program to prepare infrastructure at the Kennedy Space Center
that is needed to enable processing and launch of the elements
of the restructured exploration program, including simplifying
vehicle interfaces and other ground processing and payload
integration areas to minimize overall costs, enhance safety,
and complement the purpose of this section.
(2) Elements.--The program required by this section shall
include--
(A) investments in support of the restructured
exploration program to--
(i) improve processing and launch
operations at the Kennedy Space Center;
(ii) enhance the overall capabilities of
the Eastern Range; and
(iii) reduce the long-term cost of
operations and maintenance;
(B) measures in support of the restructured
exploration program to provide multivehicle support and
improvements in payload processing; and
(C) such other measures in support of the
restructured exploration program as the Administrator
may consider appropriate.
(e) Report on NASA Launch Support and Infrastructure Modernization
Program for the Restructured Exploration Program.--Not later than 180
days after the date of enactment of this Act, the Administrator shall
submit to the appropriate committees of the Congress a report on the
plan for the implementation of the program authorized in subsection
(d).
(f) International Collaboration.--The Administrator shall explore
potential international collaborations that would enable more ambitious
exploration missions in a timely manner and within available resources
than would otherwise be possible, such as human lunar landings or the
incremental establishment of a lunar research outpost.
SEC. 203. SPACE RADIATION.
(a) Strategy.--The Administrator shall develop a space radiation
mitigation and management strategy and implementation plan that
includes key milestones, a timetable, and estimation of budget
requirements. The strategy shall include a mechanism to coordinate NASA
research, technology, facilities, engineering, operations, and other
functions required to support the strategy and plan. The Administrator
shall transmit the strategy and plan to the Congress not later than 1
year after the date of enactment of this Act.
(b) Space Radiation Research Facilities.--The Administrator, in
consultation with the heads of other appropriate Federal agencies,
shall assess the national capabilities for carrying out critical
ground-based research on space radiation biology, and shall identify
any issues that could affect the ability to carry out that research.
(c) Research on Solar Particle Events.--The Administrator shall
carry out research on solar particle events to improve the predictions
and forecasts of solar particle events that could affect human missions
beyond low-Earth orbit.
(d) Radiation Research on Non-human Primates.--
(1) In general.--The Administrator shall transmit to the
Congress not later than 1 year after the date of enactment of
this Act a report on prior radiation research on non-human
primates and the justification and rationale for any additional
research involving non-human primates.
(2) Consultation.--In preparing the report, the
Administrator shall consult with other Government agencies that
have previously conducted radiation research on non-human
primates.
Subtitle B--International Space Station
SEC. 211. EXTENSION OF ISS OPERATIONS.
(a) In General.--The Administrator shall, in consultation with the
ISS partners, take all necessary measures to support the operation and
full utilization of the International Space Station through at least
the year 2020, if it can continue to be operated safely over that
period. The Administrator shall, in consultation with the ISS partners,
seek to minimize to the extent practicable the operating costs of the
ISS.
(b) Vehicle and Component Review.--
(1) In general.--In carrying out subsection (a), the
Administrator shall--
(A) conduct an in-depth assessment of all 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, to determine anticipated spare or
replacement requirements to ensure complete, effective,
and safe function and full scientific utilization of
the ISS; and
(B) provide the completed assessment to the
Congress within 90 days after the date of enactment of
this Act.
(2) Requirements of assessment.--The results of the
required assessment shall include, at a minimum, the following:
(A) The identification of spare or replacement
elements and parts currently produced, in inventory, or
on order, and the state of readiness and schedule for
delivery to the ISS, including the planned
transportation means for such delivery. Each element
identified shall include a description of its location,
function, criticality for system integrity, and
specifications regarding size, weight, and necessary
configuration for launch and delivery.
(B) The identification of anticipated requirements
for spare or replacement elements not currently in
inventory or on order, a description of their location,
function, criticality for system integrity, the
anticipated cost and schedule for design, procurement,
manufacture and delivery, and specifications regarding
size, weight, and necessary configuration for launch
and delivery, including available launch vehicles
capable of transportation of such items to the ISS.
(C) The identification of spare or replacement
parts existing or planned that due to size, weight, and
launch configuration can only be carried to the ISS by
the Space Shuttle.
(3) Comptroller general.--The Administrator shall enable
the Comptroller General to monitor and, as appropriate,
participate in the assessment required by paragraph (1) in such
a way as to enable the Comptroller General to provide to the
Congress an independent review of the assessment.
SEC. 212. ISS RESEARCH MANAGEMENT INSTITUTION.
(a) Designation.--Pursuant to section 507 of the National
Aeronautics and Space Administration Authorization Act of 2005 (42
U.S.C. 16767), the Administrator shall designate an independent,
nonprofit United States institution, based on the result of a
competitive solicitation, for the management of fundamental space life
science and physical sciences and related technology research to be
conducted on the ISS, as well as all research, including United States
commercial research, that is funded by non-NASA United States domestic
entities and carried out on the ISS.
(b) Responsibilities.--The research management institution
designated under subsection (a) shall make recommendations to the
Administrator for--
(1) competitively selecting, prioritizing, and overseeing
United States ISS research projects across all United States
users, sponsors, and disciplines, including domestic entities
other than NASA, seeking to carry out research on the ISS;
(2) establishing a process for governance of United States
ISS research users;
(3) conducting outreach and education to enhance the
utilization of the ISS; and
(4) providing easily accessible information on the United
States capabilities, research facilities, and resources
associated with the United States research use of the ISS.
(c) Deviations.--If the Administrator takes actions that deviate
from the recommendations provided by the research management
institution under subsection (b), the Administrator shall transmit to
the Congress a report explaining the reasons for such deviation.
(d) Other Government Contracts.--Other government agencies engaged
in research and development are authorized to enter into contracts with
the nonprofit organization designated under subsection (a) if it is
determined by those agencies to be beneficial to meeting their mission
requirements for use of the ISS.
SEC. 213. ISS RESEARCH MANAGEMENT PLAN.
(a) In General.--The Administrator, in coordination with the
Associate Administrator for the Space Operations Mission Directorate,
shall require that the institution designated under section 212(a)
prepare for the Administrator a United States ISS research management
plan that--
(1) establishes a process for selecting United States ISS
research;
(2) identifies the expertise and support available to
researchers selected to carry out research on the ISS;
(3) establishes a process for determining allocation
schedules for research to be carried out on the ISS;
(4) establishes a process for accommodating logistical and
transportation requirements for ISS research payloads;
(5) prescribes flight schedules for research payloads to
the ISS (and research materials to be returned to Earth, if
necessary); and
(6) addresses other factors associated with the selection,
management, and oversight of United States ISS research.
(b) Transmittal to Congress.--The plan shall be transmitted to the
Congress not later than 2 years after the date of enactment of this
Act.
SEC. 214. OUTREACH PLAN FOR UNITED STATES ISS RESEARCH.
Not later than 2 years after the date of enactment of this Act, the
Administrator shall transmit to the Congress a plan prepared by the
institution designated under section 212(a) for broadening and
enhancing the outreach to potential United States Government, academic,
and commercial users of the ISS.
SEC. 215. ISS CARGO RESUPPLY REQUIREMENTS AND CONTINGENCY CAPACITY
THROUGH 2020.
(a) In General.--The Administrator shall ensure the availability of
ISS cargo resupply capacity to support the full and productive
utilization and the extended operations of the ISS through the year
2020.
(b) Assessment.--The Administrator shall conduct an assessment of
the ISS cargo resupply capacity required to support the enhanced
research utilization and extended operations of the ISS through 2020.
The assessment shall describe the methodology and assumptions used to
define the cargo requirements and provide a breakdown of the cargo
resupply requirements (upmass and downmass) to support scientific
research, other research and development, operations and maintenance,
crew supplies, and other necessary activities. In addition, the
assessment shall identify the systems to be used for ISS cargo
resupply, the amount of cargo those systems will transport, and the
timeline for cargo resupply services to the ISS.
(c) Additional Resupply Options.--The Administrator shall explore
with ISS partners options for ensuring the provision of needed upmass
to and downmass from the ISS in the event that adequate commercial
cargo resupply capabilities are not available during any extended
period after the date that the Space Shuttle is retired. Before relying
on ISS partners to upmass or downmass cargo, the Administrator must
certify to the Congress that no United States or commercial cargo
resupply capabilities are available.
SEC. 216. CENTRIFUGE.
(a) Assessment.--The Administrator shall carry out an assessment of
innovative options for deploying a variable-gravity centrifuge on the
ISS. The assessment shall identify the requirements for a variable-
gravity centrifuge to support fundamental and applied research on the
ISS, including research to help mitigate the risk of long-term
spaceflight beyond low-Earth orbit. The assessment shall also--
(1) review the requirements for development, launch, and
operation of the facility on the ISS;
(2) provide an estimate of the potential cost and timeline
for developing and deploying the centrifuge capabilities
evaluated as part of the assessment;
(3) evaluate the status of previous work on development of
an in-flight centrifuge for the ISS and the cost and time that
would be required to complete the work and launch the facility;
and
(4) identify the potential for international collaboration
and other potential partnerships or innovative acquisition
approaches that could facilitate the development and deployment
of a centrifuge facility for the ISS.
(b) Transmittal to Congress.--The Administrator shall transmit the
assessment described in subsection (a) to the Congress not later than 1
year after the date of enactment of this Act.
SEC. 217. EXPLORATION TECHNOLOGY DEVELOPMENT USING THE ISS.
(a) Plan.--The Administrator shall develop priorities for
technology development, testing, and demonstration activities that
enable and support NASA's long-term plans for exploration beyond low-
Earth orbit and that require the capabilities of the ISS, and shall
develop a plan, including milestones, a schedule, and an estimate of
resource requirements, for carrying out the prioritized activities. The
plan shall be developed for the period of fiscal years 2011 through
2020.
(b) Transmittal to Congress.--The Administrator shall transmit the
plan developed under subsection (a) to the Congress not later than 270
days after the date of enactment of this Act.
SEC. 218. FUNDAMENTAL SPACE LIFE SCIENCE AND PHYSICAL SCIENCES AND
RELATED TECHNOLOGY RESEARCH.
(a) Strategic Plan for Science and Technology Research.--
(1) Development.--The Administrator, in consultation with
academia, other Federal agencies, and other potential
stakeholders, shall develop a strategic plan for carrying out
competitive, peer-reviewed fundamental space life science and
physical sciences and related technology research, including
research on phenomena such as the response of fluids and
materials to reduced gravity environments that need to be
understood in developing exploration-related technologies and
systems. The plan shall--
(A) address the facilities and instrumentation that
would enable and facilitate such research;
(B) be consistent with the priorities and
recommendations established by the National Academies
in its decadal survey of life and microgravity
sciences;
(C) provide a research timeline and identify the
resource requirements for its implementation;
(D) include an estimate of the number of students,
including undergraduate, graduate, and post-doctoral
students, and early-career researchers that would be
supported in carrying out the plan; and
(E) identify--
(i) criteria for the proposed space
research, including--
(I) a justification for the
research to be carried out in the space
microgravity environment;
(II) the use of model systems;
(III) the testing of flight
hardware to understand and ensure its
functioning in the microgravity
environment;
(IV) the use of controls to help
distinguish among the direct and
indirect effects of microgravity, among
other effects of the flight or space
environment;
(V) approaches for facilitating
data collection, analysis, and
interpretation;
(VI) procedures to ensure
repetition of experiments as needed;
and
(VII) support for timely
presentation of the peer-reviewed
results of the research;
(ii) instrumentation required to support
the measurements and analysis of the research
to be carried out under the strategic plan,
including the potential use of instrumentation
developed by other countries and the potential
for a variable-gravity centrifuge to support
the research;
(iii) the capabilities needed to support
direct, real-time communications between
astronauts working on research experiments
onboard the ISS and the principal investigator
on the ground; and
(iv) a process for involving the external
user community in research planning, including
planning for relevant flight hardware and
instrumentation, and for utilization of the
ISS, free flyers, or other research platforms.
(2) Transmittal to congress.--Not later than 1 year after
the date of enactment of this Act, the Administrator shall
transmit the strategic plan developed under paragraph (1) to
the Congress.
(b) Integrated Research Management Organization.--
(1) Responsible official.--
(A) In general.--The Administrator shall ensure
that a responsible official is designated at NASA
headquarters to lead a competitive, integrated basic
and applied research program in fundamental space life
science and physical sciences and related technology.
(B) Responsibilities.--The official designated
under subparagraph (A) shall be responsible for--
(i) leading near-term and long-term
strategic planning pursuant to the research
plan developed under subsection (a);
(ii) ensuring the input of the external
user community in science planning processes;
(iii) ensuring the implementation of an
integrated, multidisciplinary and
interdisciplinary, competitive research program
in fundamental space life and physical sciences
and related technology;
(iv) supporting the appropriate interaction
of research investigators and agency managers
and engineers in planning, designing, testing,
and operations related to such research
projects;
(v) monitoring progress of the program in
achieving the objectives and milestones
identified in the strategic plan developed
under subsection (a)(1); and
(vi) other functions required to support
the research program under this section.
(C) Coordination and communications.--The
Administrator shall ensure that the responsible
official coordinates and communicates the fundamental
space life science and physical sciences and related
technology research activities with relevant entities
within NASA, with the ISS research management
institution designated under section 212(a), and with
other relevant agencies and organizations.
(2) Budget request.--The Administrator shall, as part of
the annual NASA fiscal year budget request--
(A) identify and include a description of research
being carried out pursuant to section 204 of the
National Aeronautics and Space Administration
Authorization Act of 2005 (42 U.S.C. 16633);
(B) identify the percentage of the total research
budget for ISS research that the research described in
subparagraph (A) represents; and
(C) identify the programs proposed for carrying out
research activities on the ISS and the proposed funding
to support those research programs, including a
breakdown for each of the programs identified of the
funding requested for competitive grants.
Subtitle C--Space Shuttle
SEC. 221. CONTINGENT AUTHORIZATION OF ADDITIONAL SPACE SHUTTLE MISSION.
(a) Sense of the Congress.--It is the sense of the Congress that it
is very important, in view of the extension of the life of the ISS
until at least 2020, for the Shuttle fleet to leave the ISS in the best
possible configuration for the post-Shuttle era and that NASA should
take all necessary steps to ensure the continued viability of the ISS
in the event that there are delays in the delivery or the inability to
deliver critical parts and supplies once the Shuttle is retired.
(b) Contingent Authorization of Additional Shuttle Mission Beyond
the Planned Manifest.--The Administrator is authorized to conduct 1
additional Space Shuttle mission to the ISS beyond the missions
contained in the flight manifest as of February 1, 2010, if--
(1) the Administrator determines that an additional Space
Shuttle mission is a useful and necessary step to reduce risks
to the operation and utilization of the ISS that are associated
with the retirement of the Shuttle fleet; and
(2) the conditions in subsection (c) have been met.
(c) Conditions.--In order to comply with subsection (b), the
Administrator shall determine and certify that all of the following
conditions have been met:
(1) The importance of conducting the additional Space
Shuttle mission to the ISS outweighs the risks associated with
conducting a Shuttle mission without a backup Shuttle launch-
on-need capability.
(2) Any actions resulting from safety inspections and
reviews required by NASA's Orbiter Modification Down Period
(OMDP) and other safety guidance have been successfully
addressed.
(3) Workarounds addressing mandatory OMDP requirements, if
any, have been identified and the associated risks have been
characterized.
(4) The Aerospace Safety Advisory Panel has reviewed the
safety issues associated with the additional Shuttle mission as
well as NASA's plans to mitigate any identified risks.
(d) Contingent Authorization of Appropriations.--In the event that
the additional Shuttle flight to the ISS is authorized, funding for the
incremental costs associated with the additional mission is authorized
as follows from within funds authorized in title I:
(1) For fiscal year 2011, $700,000,000, to be taken in the
amounts specified below from within the funding for the
following accounts and transferred to the Space Shuttle
account:
(A) $175,000,000 from the ISS, except that at least
$50,000,000 shall remain available for fundamental
space life and physical sciences and related technology
research.
(B) $525,000,000 from the restructured exploration
program.
(2) For Fiscal Year 2012, $200,000,000, to be taken from
within the funding for the ISS and transferred to the Space
Shuttle account, except that at least $50,000,000 shall remain
available for fundamental space life and physical sciences and
related technology research.
SEC. 222. EXPANDED SCOPE OF SPACE SHUTTLE TRANSITION LIAISON OFFICE.
Section 613(b) of the National Aeronautics and Space Administration
Authorization Act of 2008 (42 U.S.C. 17761(b)) is amended--
(1) in paragraph (1), by striking ``Space Shuttle
Transition Liaison Office'' and inserting ``Post-Shuttle
Transition Liaison Office''; and
(2) in paragraph (3), by striking ``2 years after the
completion of the last Space Shuttle flight'' and inserting ``2
years after the award of the final grant under section 223 of
the National Aeronautics and Space Administration Authorization
Act of 2010''.
SEC. 223. POST-SHUTTLE WORKFORCE TRANSITION INITIATIVE GRANT PROGRAM.
(a) Establishment.--
(1) In general.--The Administrator, acting through the
Post-Shuttle Transition Liaison Office established under
section 613(b) of the National Aeronautics and Space
Administration Authorization Act of 2008 (42 U.S.C. 17761(b)),
as amended by section 222, is authorized to make grants for the
establishment, operation, coordination, and implementation of
aerospace workforce and community transition strategies.
(2) Transfer.--The Administrator may transfer amounts made
available under this section to other Federal agencies for the
purpose of assisting in the transition of aerospace workers and
communities adversely affected by the termination of the Space
Shuttle program.
(b) Use of Funds.--A recipient of a grant under subsection (a)
shall use the funds made available through the grant to--
(1) conduct community and business outreach;
(2) develop and implement regional revitalization and
facilities reuse strategies;
(3) support entrepreneurship and new business development
initiatives; and
(4) support workforce retraining.
SEC. 224. DISPOSITION OF ORBITER VEHICLES.
(a) In General.--Upon the termination of the Space Shuttle Program,
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
that takes into account geographical diversity, established pursuant to
the disposition plan developed under section 613(a) of the National
Aeronautics and Space Administration 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 the
Space Shuttle orbiters.
(b) Smithsonian Institution Orbiter.--Notwithstanding the
procedures in subsection (a), the Smithsonian Institution shall be
entitled to receive one of the remaining Space Shuttle orbiter
vehicles. The Administrator shall collaborate with the Secretary of the
Smithsonian Institution to determine which orbiter the Smithsonian
Institution shall receive, and otherwise determine the timing and
procedures of transfer from NASA to the Smithsonian Institution. 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.
(c) 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)).
Subtitle D--Space and Flight Support
SEC. 231. 21ST CENTURY SPACE LAUNCH COMPLEX INITIATIVE.
(a) Purpose.--Funding authorized in title I for the 21st Century
Space Launch Complex Initiative shall be available to carry out the
following activities:
(1) Investments to improve civil and national security
operations at the Kennedy Space Center and Cape Canaveral Air
Force Station to enhance the overall capabilities of the
Eastern Range and to reduce the long-term cost of operations
and maintenance.
(2) Measures to provide multivehicle support, improvements
in payload processing, and partnering at the Kennedy Space
Center and Cape Canaveral Air Force Station.
(3) Measures to support the restructured exploration
program.
(4) Such other measures related to launch support and
infrastructure modernization at the Kennedy Space Center as the
Administrator may consider appropriate to carry out NASA's
launch operations.
(b) Report on the 21st Century Space Launch Complex Initiative.--
(1) Report required.--Not later than 60 days after the date
of enactment of this Act, the Administrator shall submit to the
appropriate committees of the Congress a report on the plan for
the implementation of the 21st Century Space Launch Complex
Initiative.
(2) Elements.--The report required by this subsection shall
include--
(A) a description of those initiatives tied to the
restructured exploration program;
(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 timetable for carrying out activities and
initiatives planned for the 21st Century Space Launch
Complex Initiative.
Subtitle E--Commercial Crew Transportation
SEC. 241. AFFIRMATION OF POLICY.
The Congress affirms the policy of--
(1) making use of United States commercially provided ISS
crew transportation and crew rescue services to the maximum
extent practicable;
(2) limiting, to the maximum extent practicable, the use of
the system developed under section 202 to non-ISS missions once
commercial crew transportation and crew rescue services that
meet safety requirements become operational; and
(3) facilitating, to the maximum extent practicable, the
transfer of NASA-developed technologies to United States
commercial orbital human space transportation companies in
order to help promote the development of commercially provided
ISS crew transportation and crew rescue services.
SEC. 242. COMMERCIAL CREW AND RELATED COMMERCIAL SPACE INITIATIVES.
(a) Commercial Services Opportunities.--NASA shall seek, to the
extent practicable, to make use of commercially available space
services, including commercially available services to transport United
States Government astronauts to and from the ISS, provided that--
(1) those commercial services have demonstrated the
capability to meet NASA-specified ascent, transit, entry, and
ISS proximity operations safety requirements;
(2) the services provider has completed, and NASA has
verified, crewed flight demonstrations or operational flights
that comply with NASA standards, policies, and procedures; and
(3) the per-seat cost to the United States is not greater
than the per-seat cost for the system developed under section
202.
(b) Human-rating.--The Administrator shall establish requirements,
standards, and processes for the human rating of space transportation
systems that are equivalent to NASA safety processes and procedures.
(c) Technology Transfer.--The Administrator shall make available,
on a nonexclusive basis, NASA-developed technologies for transfer to
potential United States commercial orbital human space transportation
companies. NASA shall determine the appropriate means, through cost-
reimbursable arrangements or other mechanisms, to transfer the
technologies.
(d) Technical Assistance and Facilities.--The Administrator shall
make available, to the extent practicable, NASA facilities and
equipment to assist in the testing and demonstration of commercial crew
transportation systems, including those associated with NASA's safety
and mission assurance activities, such as NASA's Independent
Verification and Validation facility for software verification. The
Administrator shall determine the appropriate means, through cost-
reimbursable arrangements, agreements entered into under section
203(c)(5) of the National Aeronautics and Space Act of 1958 (42 U.S.C.
2473(c)(5)), or other mechanisms, to provide technical assistance and
access to facilities to the commercial space sector.
(e) NASA Insight and Oversight Processes.--Any company that seeks
to provide commercial crew transportation services under contract to
NASA shall enter into an arrangement with NASA that allows NASA to
obtain ongoing insight into the design methodologies, processes,
technologies, test data, and production and quality control practices
employed in the development of the commercial crew transportation
system throughout the development, test, demonstration, and production
phases. NASA may offer early warning of conditions that could lead NASA
to withhold certification of the crew transportation systems for the
flight of United States Government personnel or to decline to enter
into a contract for services. NASA may not require the company to make
changes to its design, technologies, or processes during the
development, test, demonstration, or production phases.
(f) Contracts for Commercially Available ISS Crew Transportation
and Crew Rescue Services.--
(1) Certification of safety and reliability.--Before
entering into a contract for the use of commercially available
commercial crew transportation or crew rescue services for
United States Government astronauts, the Administrator shall
certify that a commercial ISS crew transportation and crew
rescue service provider with which a contract is planned has
demonstrated the safety and reliability of its systems for crew
transportation and crew rescue to be equivalent to NASA-
promulgated safety and reliability policies, procedures, and
standards for human spaceflight. Individual certifications made
under this paragraph shall be provided to the Committee on
Science and Technology of the House of Representatives and to
the Committee on Commerce, Science, and Transportation of the
Senate.
(2) Flight experience.--The Administrator shall not enter
into any contract or commit any United States Government funds
for a commercial ISS crew transportation or rescue service to a
service provider until sufficient successful flight experience
has been accrued by the service provider's system to provide to
NASA the safety-related and reliability-related data and
information needed to determine whether to fly its astronauts
on that system. The Administrator shall require an amount of
demonstrated flight experience for a commercial crew
transportation system that is at least as much as NASA requires
under Alternative 1 as delineated in the NASA Policy Directive
NPD 8610.7D, effective January 31, 2008, for common launch
vehicle configurations before Class A (high cost and high
priority) payloads can be flown on them.
(3) Administrator's actions.--To facilitate the ability of
commercial crew transportation providers to comply with NASA
human spaceflight safety and reliability requirements, the
Administrator shall--
(A) develop and communicate the human-rating
requirements established under subsection (b) to
commercial space companies;
(B) establish minimum acceptable safety levels;
(C) provide technical assistance, to the maximum
extent practicable, to the commercial space sector in
understanding and applying NASA human-rating
requirements, standards, and processes to commercial
crew transportation and crew rescue systems;
(D) establish and communicate to the commercial
sector the process NASA will apply for securing ongoing
NASA insight into the design methodologies, processes,
technologies, test data, and production and quality
control practices employed in the development of the
commercial crew transportation system throughout the
development, test, demonstration, and production
phases;
(E) establish and communicate to the commercial
sector NASA's process for certifying that commercial
human spaceflight systems (including mission control,
operations, ground systems, and other supporting
infrastructure) comply with NASA human-rating
requirements and standards and related NASA policies
and procedures for safety and reliability, which
process shall be no less stringent than the NASA
policies and procedural requirements established for
launch of Class A (high cost and high priority)
payloads; and
(F) ensure that the certification established under
subparagraph (E) includes independent verification and
validation of compliance with NASA policies,
procedures, and standards.
(g) ASAP Review of NASA's Human-rating Requirements, Standards, and
Processes.--
(1) In general.--The Aerospace Safety Advisory Panel shall
conduct a review to identify issues pertinent to the
establishment of human-rating requirements, standards, and
processes for commercial crew transportation and rescue systems
that are proposed for transport of United States astronauts.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Aerospace Safety and Advisory Panel
shall transmit to the Congress a report describing--
(A) the Panel's assessment of NASA's currently
established human-rating specifications and guidance;
(B) the Panel's view of the mandatory safety
requirements that must be met with regard to human
rating; and
(C) the steps NASA and the commercial space
industry need to take to ensure that commercial crew
transportation and rescue vehicles have human rating
requirements, standards, and processes equivalent to
those of NASA.
(h) Indemnification and Liability.--The Administrator shall not
proceed with a request for proposals, award any contract, or commit any
United States Government funds for a commercial ISS crew transportation
or rescue service to be provided by a commercial service provider until
all indemnification and liability issues associated with the use of
such systems by the United States Government shall have been addressed
and the Administrator has provided to the Congress a report describing
the indemnification and liability provisions that are planned to be
included in such contracts.
(i) Predicted Level of Safety.--The Administrator shall not award
any contract or commit any United States Government funds for a
commercial ISS crew transportation system service to a service provider
unless that commercial crew transportation system has a predicted level
of safety during ascent to low-Earth orbit, transit, and descent from
low-Earth orbit that is not less than that specified for the Government
system in section 202(a)(5).
SEC. 243. FEDERAL ASSISTANCE FOR THE DEVELOPMENT OF COMMERCIAL ORBITAL
HUMAN SPACE TRANSPORTATION SERVICES.
(a) Establishment.--The Administrator shall establish a program to
provide financial assistance in the form of direct loans or loan
guarantees to commercial entities for the costs of development of
orbital human space transportation systems.
(b) Eligible Projects.--A loan or loan guarantee may be made under
such program only for a project in the United States to develop
commercial orbital human space transportation systems that would be
used to provide transportation services to and from low-earth orbit.
(c) Eligible Borrower.--A loan or loan guarantee may be made under
such program only for a borrower who is determined by the Administrator
to be eligible under the criteria established pursuant to subsection
(i).
(d) Limitations.--No loan or loan guarantee shall be made unless
the Administrator determines that--
(1) there is a reasonable prospect of repayment of the
principal and interest on the obligation by the borrower;
(2) the amount of the obligation (when combined with
amounts available to the borrower from other sources which
shall be a minimum of 25 percent of the total expected project
development cost) is sufficient to carry out the total
development project.
(e) Superiority of Rights.--The rights of the Administrator, with
respect to any property acquired pursuant to a loan, shall be superior
to the rights of any other person with respect to the property.
(f) Terms and Conditions.--Notwithstanding any other provision of
law, a loan or loan guarantee made pursuant to this section shall--
(1) bear interest at an annual rate, as determined by the
Administrator, of--
(A) in the case of a direct loan--
(i) the cost of borrowing to the Department
of the Treasury for obligations of comparable
maturity; or
(ii) 4 percent; and
(B) in the case of a guaranteed loan, the current
applicable market rate for a loan of comparable
maturity; and
(2) have a term not to exceed 30 years.
(g) Consultation.--In establishing the terms and conditions of a
loan or loan guarantee under this section, the Administrator shall
consult with the Secretary of the Treasury.
(h) Fees.--
(1) In general.--The Administrator shall charge and collect
fees for loans and loan guarantees in amounts the Administrator
determines are sufficient to cover applicable administrative
expenses.
(2) Availability.--Fees collected under this subsection
shall--
(A) be deposited by the Administrator into the
Treasury of the United States; and
(B) remain available until expended, subject to
such other conditions as are contained in annual
appropriations Acts.
(3) Limitation.--In charging and collecting fees under
paragraph (1), the Administrator shall take into consideration
the amount of the obligation.
(i) Regulations.--The Administrator shall issue final regulations
before making any loan or loan guarantee under the program. Such
regulations shall include--
(1) criteria that the Administrator shall use to determine
eligibility for loans and loan guarantees under this section,
including whether a borrower demonstrates that a non-
governmental market exists for the orbital human space
transportation service, as evidenced by written statements of
interest from potential purchasers of the services;
(2) criteria that the Administrator shall use to determine
the amount of any fees charged under subsection (h), including
criteria related to the amount of the obligation; and
(3) any other policies, procedures, or information
necessary to implement this section.
(j) Audit.--
(1) Annual independent audits.--The Administrator shall
enter into an arrangement with an independent auditor for
annual evaluations of the program under this section.
(2) Comptroller general review.--The Comptroller General of
the United States shall conduct a biennial review of the
Administrator's execution of the program under this section.
(3) Report.--The results of the independent audit under
paragraph (1) and the Comptroller General's review under
paragraph (2) shall be provided directly to the Committee on
Science and Technology of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate.
(k) Report to Congress.--Concurrent with the submission to the
Congress of the President's annual budget request in each year after
the date of enactment of this section, the Administrator shall transmit
to the Committee on Science and Technology of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report containing a summary of all
activities carried out under this section.
(l) Minimizing Risk.--The Administrator shall promulgate
regulations and policies to carry out this section in accordance with
Office of Management and Budget Circular No. A-129, entitled ``Policies
for Federal Credit Programs and Non-Tax Receivables'', as in effect on
the date of enactment of this section.
(m) Definitions.--In this section:
(1) Cost.--The term ``cost'' has the meaning given such
term under section 502 of the Federal Credit Reform Act of 1990
(2 U.S.C. 661a).
(2) Obligation.--The term ``obligation'' means the loan
issued under this section or the loan or other debt obligation
that is guaranteed under this section.
(3) Program.--The term ``program'' means the program
established in subsection (a).
Subtitle F--General Provisions
SEC. 251. USE OF PROGRAM FUNDS.
For all programs authorized under this title, authorized funds may
be obligated only for performance of the programs.
TITLE III--SCIENCE
Subtitle A--Earth Science
SEC. 301. EARTH SCIENCE APPLICATIONS.
The Administrator shall develop guidelines and procedures for
entering into arrangements with State, local, regional, tribal, and
other Federal Government agencies that seek to benefit from ongoing
NASA technical information, capabilities, and support related to Earth
science applications and decision support systems. The guidelines and
procedures shall include a definition of the partnership, milestones,
cost-sharing, and project-relevant criteria for the project. The
guidelines and procedures shall define arrangements for reimbursement
for Government services, as appropriate, including the use of NASA
spacecraft and aircraft, sensors, equipment, facilities, and associated
personnel for the purpose of aiding State, local, regional, tribal, and
other Federal Government needs.
SEC. 302. ESSENTIAL SPACE-BASED EARTH SCIENCE AND CLIMATE MEASUREMENTS.
The Administrator, in cooperation with the Administrator of NOAA
and other relevant Federal agencies, shall enter into an arrangement
with the National Academies for a study, to be completed, and
transmitted to the Congress not later than 18 months after the date of
enactment of this Act, to provide a prioritized list and definition of
essential Earth science and climate measurements that should be
collected with space-based means, and maintained and archived by the
Federal Government on a continuous basis. The study shall also identify
which measurements could potentially be obtained through international
partnerships, from data purchases or other arrangements with private or
commercial entities, or from other relevant sources.
SEC. 303. COMMERCIAL REMOTE SENSING DATA PURCHASES PILOT PROJECT.
(a) Workshop.--Not later than 9 months after the date of enactment
of this Act, the Administrator shall organize a workshop including
relevant commercial remote sensing data providers, scientists, and
remote sensing data users, among other relevant stakeholders, to
identify the essential criteria for a pilot project for purchasing
commercial remote sensing data to support research in Earth science and
for applied uses of the data to address State, local, regional, and
tribal needs. The workshop shall address lessons learned and
recommendations related to past experience with commercial data
purchases, including those outlined in the National Research Council
report entitled ``Toward New Partnerships in Remote Sensing:
Government, the Private Sector, and Earth Science Research''.
(b) Pilot Project.--Not later than 18 months after the date of
enactment of this Act, after consideration of the results of the
workshop under subsection (a) and after obtaining relevant information
from potential commercial remote sensing data providers and users of
such data, the Administrator shall establish a pilot project for the
provision, through competitive solicitations, of commercial remote
sensing data to serve research and applied uses of the data to serve
State, local, regional, and tribal needs.
SEC. 304. REPORT ON TEMPERATURE RECORDS.
Not later than 1 year after the date of enactment of this Act, the
Administrator shall issue a report to the Congress detailing the extent
and degree to which NASA's temperature records overlap with the records
at the Climatic Research Unit at the University of East Anglia, the
reasons for and sources of that overlap, and the possibility that
NASA's temperature records have been compromised.
Subtitle B--Space Science
SEC. 311. SUBORBITAL PROGRAMS.
(a) Responsible Official.--
(1) In general.--The Administrator shall ensure that an
individual who shall report directly to the Associate
Administrator of the Science Mission Directorate is designated
to lead NASA's suborbital and airborne program.
(2) Responsibilities.--The designated individual shall be
responsible for--
(A) leading near-term and long-term strategic
planning for the suborbital and airborne program;
(B) ensuring the implementation of strategic and
other relevant plans;
(C) integrating NASA's suborbital and airborne
programs;
(D) ensuring the productivity of the suborbital
facilities and assets as necessary to carry out the
plans;
(E) coordinating NASA's suborbital activities with
associated NASA offices and Centers, universities, and
other external institutions; and
(F) monitoring progress on meeting the strategic
objectives for enhanced suborbital and airborne
activities, NASA workforce development, and integration
of suborbital activities within NASA's overall plans
and priorities.
(b) Strategic Plan.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall provide to the Congress
a strategic plan to support the full and productive use of NASA's
suborbital and airborne assets as a foundation for meeting its
scientific research, engineering, workforce development, and education
goals and objectives across NASA centers and mission directorates and
in partnership with universities and other relevant external
institutions. The strategic plan shall--
(1) be developed in consultation with relevant NASA offices
and Centers and with input from universities, nonprofit
research institutions, and private industry;
(2) identify the needs and priorities for using NASA's
airborne and suborbital assets to support NASA's scientific
research, engineering, workforce development, and educational
goals;
(3) identify and prioritize the required infrastructure
investments, including maintenance, upgrades, and any enhanced
facility or equipment capabilities, that are required to carry
out the needs and priorities described in paragraph (2); and
(4) provide an estimate of the budget requirements and a
schedule and timeline for implementing the plan.
(c) Training and Professional Development.--The Administrator
shall, to the extent practicable, expand the opportunities within
NASA's suborbital programs for training science and engineering
students and for providing professional development for early career
professionals. Training and development activities shall be expanded
consistent with the goals and objectives of the strategic plan to be
developed under subsection (b).
SEC. 312. REVIEW OF EXPLORER PROGRAM.
(a) Establishment.--Not later than 120 days after the date of
enactment of this Act, the Administrator shall enter into an
arrangement with the National Academies to conduct a review of the
Explorer Program and offer any recommendations as it considers
necessary.
(b) Scope.--Such review shall address at least the following:
(1) A review of existing or recent Explorer program
elements such as NASA's University Class Explorer (UNEX), Small
Explorer (SMEX), Medium Class Explorer (MIDEX), Explorers (EX),
and Missions of Opportunity to assess the degree of--
(A) innovation in instrumentation, and other
technology and space mission elements;
(B) flexibility and new approaches in management
and collaboration;
(C) project implementation within the planned
budget and schedule; and
(D) training opportunities for space scientists and
engineers.
(2) The status, capability, and availability of launch
vehicles and infrastructure to support the Explorer program
elements.
(3) Projected launch capabilities and facilities for
Explorers, including private sector launch capabilities.
(4) The frequency of Explorer missions.
(5) The balance of Explorer missions among theme areas and
between larger and smaller mission sizes.
(6) The opportunities and challenges for partner
participation in Explorer missions, including international and
interagency collaborations.
(7) The contributions of Explorers to a robust space
science program, and the value of the Explorer Program for the
Nation's scientific research and engineering community,
including its impact on training of younger researchers and
engineers.
(c) Report.--Not later than 16 months after the date of enactment
of this Act, the Administrator shall transmit to the Congress the
review and a plan for responding to the recommendations of the review.
SEC. 313. RADIOISOTOPE THERMOELECTRIC GENERATOR MATERIAL REQUIREMENTS
AND SUPPLY.
(a) Analysis of Requirements and Risks.--The Administrator, in
consultation with other Federal agencies, shall conduct an analysis of
NASA requirements for radioisotope power system material which is
needed to carry out planned, high priority robotic missions in the
solar system and other surface exploration activities beyond low-Earth
orbit, as well as the risks to NASA missions in meeting those
requirements, or any additional requirements, due to a lack of adequate
domestic production of radioisotope power system material. The analysis
shall--
(1) detail NASA's current projected mission requirements
for radioisotope power system material;
(2) explain the assumptions used to determine NASA's
requirements for the material, including--
(A) the planned use of Advanced Stirling
Radioisotope Generator technology;
(B) the status of and timeline for completing
development and demonstration of the Advanced Stirling
Radioisotope Generator technology, including the
development of flight readiness requirements; and
(C) the risks, implications, and contingencies for
NASA mission plans of any delays or unanticipated
technical challenges related to the anticipated use of
Advanced Stirling Radioisotope Generator technology;
(3) assess the risk to NASA programs of any potential
delays in achieving the schedule and milestones for planned
domestic production of radioisotope power system material;
(4) outline a process for meeting any additional NASA
requirements for the material; and
(5) estimate the incremental costs required to increase the
amount of material produced each year, if such an increase is
needed to support additional NASA requirements for the
material.
(b) Transmittal.--Not later than 180 days after the date of
enactment of this Act, the Administrator, in consultation with other
Federal agencies, shall transmit the results of the analysis to the
Congress.
TITLE IV--AERONAUTICS
SEC. 401. ENVIRONMENTALLY FRIENDLY AIRCRAFT RESEARCH AND DEVELOPMENT
INITIATIVE.
Section 302 of the National Aeronautics and Space Administration
Authorization Act of 2008 (42 U.S.C. 17721) is amended--
(1) by striking ``The Administrator'' and inserting the
following:
``(a) In General.--The Administrator''; and
(2) by adding at the end the following:
``(b) Plan.--
``(1) In general.--The Administrator shall develop a plan
and associated timetable for this initiative identifying key
milestones, including projected flight demonstrations to
validate vehicle and technology concepts in a relevant
environment.
``(2) Submission.--Not later than 270 days after the date
of enactment of the National Aeronautics and Space
Administration Authorization Act of 2010, the Administrator
shall transmit the plan to the Congress.''.
SEC. 402. RESEARCH ON NEXTGEN AIRSPACE MANAGEMENT CONCEPTS AND TOOLS.
The Administrator shall review at least annually the alignment and
timing of NASA's research and development activities in support of the
NextGen airspace management modernization initiative and shall make any
necessary adjustments by reprioritizing or retargeting NASA's research
and development activities in support of the NextGen initiative.
SEC. 403. RESEARCH ON AIRCRAFT CABIN AIR QUALITY.
The Administrator shall initiate research on aircraft cabin air
quality that complements research conducted by the Federal Aviation
Administration and its Center of Excellence on Research in the
Intermodal Transport Environment, including research on innovative
aircraft cabin air quality sensors operating during ground and flight
operations and on innovative warning and mitigation technologies for
poor air quality.
SEC. 404. RESEARCH ON ON-BOARD VOLCANIC ASH SENSOR SYSTEMS.
(a) In General.--The Administrator shall conduct a study to assess
the feasibility of establishing a project focused on the development of
a low-cost on-board volcanic ash sensor system.
(b) Specifications.--The study shall consider, at a minimum--
(1) NASA's unique capabilities;
(2) opportunities for collaboration, both nationally and
internationally; and
(3) projected resource requirements, research milestones,
and potential accomplishments.
SEC. 405. AERONAUTICS TEST FACILITIES.
(a) Sense of Congress.--It is the sense of the Congress that--
(1) NASA must reverse the deteriorating condition of its
aeronautics ground test facilities and infrastructure, as this
condition is hampering the effectiveness and efficiency of
aeronautics research performed by both NASA and industry
participants making use of NASA facilities, thus reducing the
competitiveness of the United States aviation industry;
(2) NASA has a role in providing test capabilities that are
not economically viable as commercial entities and thus are not
available elsewhere; and
(3) to ensure continued access to reliable and efficient
national-class test capabilities by researchers, NASA should
seek to establish strategic partnerships with other Federal
agencies, academic institutions, and industry.
(b) Plan.--The Administrator shall develop a plan to stabilize and,
where possible, reverse the deterioration of NASA's aeronautics ground
test facilities. The Administrator shall transmit such plan to the
Congress not later than 1 year after the date of enactment of this Act.
SEC. 406. EXPANDED RESEARCH PROGRAM ON COMPOSITE MATERIALS USED IN
AEROSPACE.
The Administrator shall expand NASA's research program on composite
materials used in aerospace applications to address--
(1) progressive damage analysis, aging, inspection
techniques, and new manufacturing and repair techniques; and
(2) ways to mitigate how the environment, operating fluids,
and mechanical loads interact with composite materials over
time.
TITLE V--SPACE TECHNOLOGY
SEC. 501. SPACE TECHNOLOGY PROGRAM.
(a) Establishment.--The Administrator shall establish a space
technology program to enable research and development on advanced space
technologies and systems that are independent of specific space mission
flight projects. The program shall support--
(1) early-stage concepts and innovation;
(2) development of innovative technologies in areas such as
in-space propulsion, power generation and storage, liquid
rocket propulsion, avionics, structures, and materials that may
enable new approaches to human and robotic space missions;
(3) flight demonstrations of technologies, including those
that have the potential to benefit multiple NASA mission
directorates, other Federal Government agencies, and the
commercial space industry; and
(4) research, development, and demonstration of enabling
technologies in support of future exploration missions.
(b) Procedure.--In establishing the space technology program under
this section, the Administrator shall--
(1) to the maximum extent practicable, use a competitive
process to select projects to be supported as part of the
program;
(2) support the development of an organization to
investigate innovative concepts for technological approaches,
systems, architectures, or mission strategies;
(3) make use of small satellites and NASA suborbital
platforms, to the extent practicable, to demonstrate space
technology concepts and developments; and
(4) undertake partnerships with other Federal agencies,
universities, private industry, and other spacefaring nations,
as appropriate.
(c) Decadal Survey.--The Administrator shall enter into an
arrangement with the National Academies for a decadal survey study to
make recommendations for research and development priorities for NASA's
space technology program over the next decade. Included in the decadal
survey shall be an identification and prioritization of key technology
research and development activities needed to enable a robust
exploration technology program, from basic research and development
through flight demonstrations. The Administrator shall transmit the
results of the study to the Congress not later than 20 months after the
date of enactment of this Act.
TITLE VI--EDUCATION AND OUTREACH
SEC. 601. STEM EDUCATION AND TRAINING.
(a) In General.--In order to create the diverse, skilled scientific
and technical workforce essential to meeting the challenges facing NASA
and the Nation in the 21st century, the Administrator shall develop,
conduct, support, promote, and coordinate formal and informal
educational and training activities that leverage NASA's unique content
expertise and facilities to--
(1) contribute to improving science, technology,
engineering and mathematics (STEM) education and training at
all levels in the United States; and
(2) enhance awareness and understanding of STEM, including
space and Earth sciences, aeronautics, and engineering.
(b) Programs.--
(1) In general.--The Administrator shall carry out
evidence-based programs designed to--
(A) increase student interest and participation,
including by women, underrepresented minority students,
and students in rural schools;
(B) improve public literacy and support; and
(C) improve the teaching and learning of space and
Earth sciences, aeronautics, engineering, and other
STEM disciplines supported by NASA.
(2) Included programs.--Programs authorized under this
subsection may include--
(A) informal educational programming designed to
excite and inspire students and the general public
about space and Earth science, aeronautics,
engineering, and other STEM disciplines supported by
NASA while strengthening their content knowledge in
these disciplines;
(B) teacher training and professional development
opportunities for pre-service and in-service elementary
and secondary school teachers designed to increase the
content knowledge of teachers in space and Earth
science, aeronautics, engineering, and other STEM
disciplines supported by NASA, especially through
hands-on research and technology experiences;
(C) research opportunities for secondary school
students, including internships at NASA and its field
centers, that provide secondary school students with
hands-on research and technology experiences as well as
exposure to working scientists and engineers;
(D) research opportunities at NASA and its field
centers for undergraduate and graduate students
pursuing degrees in space and Earth sciences,
aeronautics, engineering, and other STEM disciplines
supported by NASA;
(E) competitive scholarships, fellowships, and
traineeships for undergraduate and graduate students in
space and Earth sciences, aeronautics, engineering, and
other STEM disciplines supported by NASA; and
(F) competitive grants for institutions of higher
education, with special consideration for minority
serving institutions, including 2-year institutions of
higher education, to establish or expand degree
programs or courses in space and Earth sciences,
aeronautics, engineering, and other STEM disciplines
supported by NASA.
(c) Organization of STEM Education Programs.--
(1) Director of stem education.--The Administrator shall
appoint or designate a Director of STEM Education, who shall
have the principal responsibility to oversee and coordinate all
NASA programs and activities in support of STEM education and
training, including space and Earth sciences, aeronautics, and
engineering.
(2) Qualifications.--The Director shall be an individual
who, by reason of professional background and experience, is
specially qualified to advise the Administrator on all matters
pertaining to STEM education and training, including space and
Earth sciences, aeronautics, and engineering, at NASA.
(3) Duties.--The Director shall--
(A) oversee and coordinate all programs in support
of STEM education and training, including space and
Earth sciences, aeronautics, and engineering;
(B) represent NASA as the principal interagency
liaison for all STEM education and training programs,
unless otherwise represented by the Administrator or
the Associate Administrator for Education;
(C) prepare the annual budget and advise the
Associate Administrator for Education and the
Administrator on all budgetary issues for STEM
education and training relative to the programs of
NASA;
(D) establish, periodically update, and maintain a
publicly accessible online inventory of STEM education
and training programs and activities;
(E) develop, implement, and update the STEM
education and training strategic plan required under
subsection (d);
(F) increase, to the maximum extent practicable,
the participation and advancement of women and
underrepresented minorities at every level of STEM
education and training; and
(G) perform such other matters relating to STEM
education and training as are required by the
Administrator or the Associate Administrator for
Education.
(d) Strategic Plan.--The Director of STEM Education shall develop,
implement, and update once every 3 years a STEM education and training
strategic plan for NASA. The plan shall--
(1) identify and prioritize annual and long-term STEM
education and training goals and objectives for NASA;
(2) describe the role of each NASA program or activity in
contributing to the goals and objectives identified under
paragraph (1);
(3) specify the metrics that will be used to assess
progress toward achieving those goals and objectives; and
(4) describe the approaches that will be taken to assess
the effectiveness of each STEM education program and activity
supported by NASA.
(e) Outreach to Students From Underrepresented Groups.--The
Administrator shall seek to ensure that program participants include
minority and underrepresented groups, including students from a high-
need local education agency as defined in section 2102(3) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6602(3)).
(f) Consultation and Partnership With Other Agencies.--In carrying
out the programs and activities authorized under this section, the
Administrator shall--
(1) consult with the Secretary of Education and the
Director of the National Science Foundation regarding
activities designed to improve elementary and secondary STEM
education and training, and recruit minorities that are
underrepresented in STEM teaching; and
(2) consult and partner with the Director of the National
Science Foundation in carrying out programs under this section
designed to build capacity in STEM education and training at
the undergraduate and graduate level.
SEC. 602. ASSESSMENT OF IMPEDIMENTS TO SPACE SCIENCE AND ENGINEERING
WORKFORCE DEVELOPMENT FOR MINORITY AND UNDERREPRESENTED
GROUPS AT NASA.
(a) Assessment.--The Administrator shall enter into an arrangement
for an independent assessment of any impediments to space science and
engineering workforce development for minority and underrepresented
groups at NASA, including recommendations on--
(1) measures to address such impediments;
(2) opportunities for augmenting the impact of space
science and engineering workforce development activities and
for expanding proven, effective programs; and
(3) best practices and lessons learned, as identified
through the assessment, to help maximize the effectiveness of
existing and future programs to increase the participation of
minority and underrepresented groups in the space science and
engineering workforce at NASA.
(b) Report.--A report on the assessment carried out under
subsection (a) shall be transmitted to the Congress not later than 15
months after the date of enactment of this Act.
(c) Implementation.--To the extent practicable, the Administrator
shall take all necessary steps to address any impediments identified in
the assessment.
SEC. 603. INDEPENDENT REVIEW OF THE NATIONAL SPACE GRANT COLLEGE AND
FELLOWSHIP PROGRAM.
(a) Sense of Congress.--It is the sense of the Congress that--
(1) the National Space Grant College and Fellowship
Program, established in title II of the National Aeronautics
and Space Administration Authorization Act of 1988 (42 U.S.C.
2486 et seq.), has been an important program through which the
Federal Government has partnered with State and local
governments, universities, private industry, and other
organizations to enhance the understanding and use of space and
aeronautics activities and their benefits through education,
the fostering of interdisciplinary and multidisciplinary space
research and training, and supporting Federal funding for
graduate fellowships in space-related fields; and
(2) enhancing the National Space Grant College and
Fellowship Program's effectiveness will support the program's
maximum contribution to NASA's and the Nation's goals for
science, technology, engineering and mathematics (STEM)
education and training.
(b) Review.--The Administrator shall enter into an arrangement with
the National Academies for a review of the National Space Grant College
and Fellowship Program, including its structure and capabilities for
supporting STEM education and training, and recommendations on
measures, if needed, to enhance the program's effectiveness.
(c) Transmittal.--The Administrator shall transmit the results of
the review to the Congress not later than 18 months after the date of
enactment of this Act.
SEC. 604. HANDS-ON SPACE SCIENCE AND ENGINEERING EDUCATION AND
TRAINING.
(a) Pilot Projects.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall competitively
select pilot projects that test and demonstrate new forms of
collaborative and hands-on education and training projects
related to aeronautics, exploration, science, space operations,
and human spaceflight, that serve to stimulate and engage
students in science and engineering, and that foster skills
including engineering, teamwork, project management, and
problem solving. In particular, the pilot projects shall
emphasize engineering and technology-related education and
training. The pilot projects shall include a breadth of
activities that range in scope and complexity and shall also
test and demonstrate selection, evaluation, mentoring, and
related tools and services required to support the projects.
The program shall be directed at serving undergraduates. The
Administrator may include broader participation from pre-
collegiate and graduate students, as appropriate. To the extent
practicable, the initiative shall also be accessible to NASA's
young science, technical, and project management professionals.
(2) Projects.--Pursuant to subsection (b), the pilot
projects shall be carried out through competitive
solicitations. The duration of a project awarded under the
pilot program shall be no more than 4 years. The pilot projects
program shall--
(A) include a range of projects of varying scope
and complexity;
(B) provide participants with experience in areas
such as--
(i) formulating, planning, designing,
developing, testing and integrating, and
operating mission or flight hardware;
(ii) systems engineering;
(iii) analyzing data from a mission or
investigation; and
(iv) documentation, reporting, and reviews;
(C) include defined and measurable objectives;
(D) provide mentoring for participants;
(E) provide for evaluation of the project and
documentation of the outcomes of the project and its
contribution to education and training; and
(F) encourage outreach to and partnerships with
universities, Federal agencies, private entities, and
other institutions involved in student collaborations
and hands-on training and education, including
organizations that focus on engaging young girls in
science and engineering hands-on education and training
activities.
(3) Emphasis on participation of individuals from
underrepresented minority populations.--The Administrator shall
make it an emphasis of the pilot projects to seek the
involvement of participants from underserved and
underrepresented minority populations.
(4) Flight opportunities and access to space.--The
Administrator shall ensure, to the extent practicable, the
availability and accessibility of platforms for flying and
launching into space student's collaborative and hands-on
projects.
(5) Forum for participant presentations.--The Administrator
shall organize a forum for students and other participants in
the pilot projects to discuss and present their work, at an
appropriate stage of the project, and to engage with other
students and young professionals involved in ongoing
collaborative and hands-on training activities related to space
science and engineering, aeronautics, space exploration, and
human spaceflight.
(6) Workshop.--The Administrator shall organize a workshop
or workshops involving the competitively-selected pilot project
teams for the purposes of collecting information on the results
of the pilot projects (including on selection, evaluation
tools, and mentoring services) and identifying lessons learned
and best practices for NASA-supported collaborative and hands-
on education and training projects.
(7) Report and strategy.--Not later than 3 years after the
date of enactment of this Act, the Administrator shall transmit
to the Committee on Science and Technology of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report--
(A) on the outcomes of existing student
collaborative and hands-on projects such as those being
conducted as part of NASA's science programs;
(B) on the results of the pilot projects; and
(C) on best practices of NASA's student
collaborations and hands-on education and training
activities.
The report shall define decision criteria, a strategy, and a
process for extending successful projects or transitioning them
into an ongoing, competitive program.
(b) Information Exchange.--The Administrator shall support mission
directorates sponsoring student collaborative and hands-on education
and training projects in exchanging information, sharing knowledge, and
leveraging activities, as appropriate.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Administrator such sums as may be necessary for
fiscal years 2011, 2012, 2013, and 2014 to carry out this section, to
remain available until expended.
TITLE VII--INSTITUTIONAL CAPABILITIES REVITALIZATION
SEC. 701. INSTITUTIONAL MANAGEMENT.
(a) Modernization of Laboratories, Facilities, and Equipment.--
(1) Strategy.--
(A) In general.--The Administrator shall develop a
strategy for the maintenance, repair, upgrading, and
modernization of NASA's laboratories, facilities, and
equipment.
(B) Criteria.--The strategy shall include criteria
for prioritizing deferred maintenance tasks and also
for upgrading or modernizing laboratories, facilities,
and equipment.
(C) Other considerations.--The strategy shall also
include an assessment of modifications needed to
maximize usage of facilities that offer unique and
highly specialized benefits to the aerospace industry
and the American public.
(2) Plan.--The Administrator shall develop a plan for
implementing the strategy in paragraph (1), including a
timeline, milestones, and an estimate of resources required for
carrying out the plan.
(3) Transmittal to congress.--The Administrator shall
transmit to the Congress the strategy under paragraph (1) and
the plan under paragraph (2) not later than 180 days after the
date of enactment of this Act.
(b) Establishment of Capital Fund.--
(1) In general.--The Administrator shall establish a
capital fund at each of NASA's field centers for the
modernization of facilities and laboratories.
(2) Source of funding.--The Administrator shall ensure to
the maximum extent practicable that all financial savings
achieved by closing outdated or surplus facilities at a NASA
field center shall be made available to that center's capital
fund for the purpose of modernizing the field center's
facilities and laboratories and for upgrading the
infrastructure at the field center.
SEC. 702. JAMES E. WEBB COOPERATIVE EDUCATION DISTINGUISHED SCHOLAR
PROGRAM.
(a) Establishment.--The Administrator is authorized to establish a
national cooperative education program to complement existing NASA
Center-administered cooperative education initiatives.
(b) Application Process.--The Administrator shall encourage and
seek applications from the pool of American students pursuing science,
technology, engineering, or mathematics degrees who wish to gain
working experience in NASA.
(c) Selection.--From the applications, the Administrator shall
select 10 finalists annually as James E. Webb Cooperative Education
Distinguished Scholars.
(d) Award.--The James E. Webb Cooperative Education Distinguished
Scholars shall be provided with--
(1) learning experiences that will enhance their
understanding of activities conducted in the various NASA
Centers in furtherance of NASA's missions and priorities;
(2) exposure to NASA headquarters functions and activities;
and
(3) stipends for living expenses.
TITLE VIII--ACQUISITION MANAGEMENT
SEC. 801. PROHIBITION ON EXPENDITURE OF FUNDS WHEN 30 PERCENT THRESHOLD
IS EXCEEDED.
Section 103(e) of the National Aeronautics and Space Administration
Authorization of 2005 (42 U.S.C. 16613(e)) is amended by striking
``beginning 18 months after the date the Administrator transmits a
report under subsection (d)(1)'' and inserting ``beginning 18 months
after the Administrator makes such determination''.
SEC. 802. PROJECT AND PROGRAM RESERVES.
To ensure that the establishment, maintenance, and allotment of
project and program reserves contribute to prudent management, not
later than 180 days after the date of enactment of this Act, the
Administrator shall transmit to the Congress a report describing NASA's
criteria for establishing the amount of reserves at the project and
program levels and how such criteria complement NASA's policy of
budgeting at a 70 percent confidence level.
SEC. 803. INDEPENDENT REVIEWS.
Not later than 270 days after the date of enactment of this Act,
the Administrator shall transmit to the Congress a report describing
NASA's procedures for conducting independent reviews of projects and
programs at lifecycle milestones and how NASA ensures the independence
of the individuals who conduct those reviews prior to their assignment.
SEC. 804. AVOIDING ORGANIZATIONAL CONFLICTS OF INTEREST IN MAJOR NASA
ACQUISITION PROGRAMS.
(a) Revised Regulations Required.--Not later than 270 days after
the date of enactment of this Act, the Administrator shall revise the
NASA Supplement to the Federal Acquisition Regulation to provide
uniform guidance and tighten existing requirements for preventing
organizational conflicts of interest by contractors in major
acquisition programs.
(b) Elements.--The revised regulations required by subsection (a)
shall, at a minimum--
(1) address organizational conflicts of interest that could
potentially arise as a result of--
(A) lead system integrator contracts on major
acquisition programs and contracts that follow lead
system integrator contracts on such programs,
particularly contracts for production;
(B) the ownership of business units performing
systems engineering and technical assistance functions,
professional services, or management support services
in relation to major acquisition programs by
contractors who simultaneously own business units
competing to perform as either the prime contractor or
the supplier of a major subsystem or component for such
programs;
(C) the award of major subsystem contracts by a
prime contractor for a major acquisition program to
business units or other affiliates of the same parent
corporate entity, and particularly the award of
subcontracts for software integration or the
development of a proprietary software system
architecture; or
(D) the performance by, or assistance of,
contractors in technical evaluations on major
acquisition programs;
(2) ensure that NASA receives advice, when appropriate, on
systems architecture and systems engineering matters with
respect to major acquisition programs from federally funded
research and development centers or other sources independent
of the prime contractor;
(3) require that a contract for the performance of systems
engineering and technical assistance functions for a major
acquisition program contains a provision prohibiting the
contractor or any affiliate of the contractor from
participating as a prime contractor or a major subcontractor in
the development of a system under the program; and
(4) establish such limited exceptions to the requirement in
paragraphs (2) and (3) as may be necessary to ensure that NASA
has continued access to advice on systems architecture and
systems engineering matters from highly qualified contractors
with domain experience and expertise, while ensuring that such
advice comes from sources that are objective and unbiased.
SEC. 805. REPORT TO CONGRESS.
The Administrator shall transmit to the Congress, not later than
April 30 of each year, an estimate of the total termination liability
as of the end of the second fiscal quarter for all NASA contracts with
a total value in excess of $200,000,000.
TITLE IX--OTHER PROVISIONS
SEC. 901. CLOUD COMPUTING.
(a) Definition.--As defined by the National Institute of Standards
and Technology, for purposes of this section, the term ``cloud
computing'' means a model for enabling convenient, on-demand network
access to a shared pool of configurable computing resources that can be
rapidly provisioned with minimal management effort or service provider
interaction.
(b) Report.--Not later than 1 year after NASA has entered into a
contract for its first use of a non-Federal cloud computing facility,
the Comptroller General shall transmit to the Congress a report
detailing whether sensitive but unclassified and classified NASA
information was processed on that facility and if so, how NASA ensured
that data access and security requirements were in place to safeguard
NASA's scientific and technical information.
SEC. 902. REVIEW OF PRACTICES TO DETECT AND PREVENT THE USE OF
COUNTERFEIT PARTS.
Not later than 1 year after the date of enactment of this Act, the
Comptroller General shall transmit to the Congress a review of NASA's
processes and controls to detect and prevent the use of counterfeit
parts in NASA mission projects and related assets. The review shall
examine--
(1) the trends in known and identified counterfeit parts in
NASA's supply chain;
(2) NASA's processes and controls to detect counterfeit
parts and prevent their incorporation into NASA mission
projects, instruments, and other mission-related assets; and
(3) any gaps in NASA's controls and processes for detecting
counterfeit parts and preventing their incorporation into NASA
missions and related assets.
SEC. 903. PRESERVATION AND MANAGEMENT OF LUNAR SITES.
(a) International Dialogue.--The Director of OSTP, in cooperation
with the Administrator, other relevant Federal agencies, commercial
entities, and international bodies, shall enter into a dialogue to
identify the questions and research needed to understand--
(1) the potential adverse impacts of various uses of the
Moon on scientific research activities;
(2) the potential adverse impacts of such uses on lunar
areas of historical, cultural, or scientific value; and
(3) how to prevent or mitigate such impacts.
(b) Grants Program.--The Administrator, in cooperation with other
relevant Federal agencies and stakeholders, shall establish a grants
program to conduct research for the purpose of identifying and
characterizing potential impacts related to lunar activities and
describing potential means for managing and mitigating the impacts.
(c) International Framework.--As a result of the dialogue under
subsection (a), the Director of OSTP shall initiate an effort to
establish an international framework for identifying, protecting, and
preserving lunar areas determined to be of significant historical,
cultural, or scientific value.
(d) Report.--The Director of OSTP shall provide a report on the
results of the international dialogue under subsection (a) and the
establishment of an international framework under subsection (c), to be
transmitted to the Congress not later than 2 years after the date of
enactment of this Act.
SEC. 904. CONTINUITY OF MODERATE RESOLUTION LAND IMAGING REMOTE SENSING
DATA.
(a) Reaffirmation of Policy.--The Congress reaffirms the finding in
section 2(1) of the Land Remote Sensing Policy Act of 1992 (15 U.S.C.
5601(1)) which states that ``The continuous collection and utilization
of land remote sensing data from space are of major benefit in studying
and understanding human impacts on the global environment, in managing
the Earth's natural resources, in carrying out national security
functions, and in planning and conducting many other activities of
scientific, economic, and social importance.''.
(b) Continuous Land Remote Sensing Data Collection.--The Director
of OSTP shall take steps in consultation with other relevant Federal
agencies to ensure, to the maximum extent practicable, the continuous
collection of space-based medium-resolution observations of the Earth's
land cover and to ensure that the data are made available in such ways
as to facilitate the widest possible use.
SEC. 905. SPACE WEATHER.
(a) Strategy and Implementation Plan.--The Director of OSTP, in
coordination with the Administrator and with other relevant Federal
agencies, space weather coordinating bodies, industry, academia, and
other stakeholders, shall prepare a long-term strategy for a
sustainable space weather program and develop a plan to implement the
strategy. The implementation plan shall--
(1) define individual agency responsibilities for carrying
out the strategy;
(2) identify the milestones and schedule required for each
agency's contributions;
(3) provide an estimate of the resources required for each
agency to carry out its responsibilities;
(4) establish a process for coordinating agency
responsibilities, programs, and budgets required for
implementing the plan; and
(5) identify opportunities for private sector and
international contributions to implementing the plan.
(b) Study on Prediction.--The Director of OSTP shall enter into an
arrangement with the National Academies to assess the status of
capabilities for space weather prediction and recommend the highest
priority basic research, infrastructure, and operational needs required
to improve the Nation's ability to predict space weather events. The
study should also address the benefits of space weather prediction. The
Director shall transmit the results of the study to the Congress not
later than 18 months after the date of enactment of this Act.
SEC. 906. USE OF OPERATIONAL COMMERCIAL SUBORBITAL VEHICLES FOR
RESEARCH, DEVELOPMENT, AND EDUCATION.
(a) Plan.--The Administrator shall prepare a plan describing the
processes required to support the use of commercial reusable suborbital
flight vehicles for carrying out competitively selected scientific and
engineering investigations and educational activities. The plan shall--
(1) describe NASA, space flight operator, and supporting
contractor responsibilities for developing standard payload
interfaces and conducting payload safety analyses, payload
integration and processing, payload operations, and safety
assurance for NASA-sponsored space flight participants, among
other functions required to fly NASA-sponsored payloads and
space flight participants on commercial suborbital vehicles;
(2) identify NASA-provided hardware, software, or services
that may be provided to space flight operators on a cost-
reimbursable basis, through agreements entered into under
section 203(c)(5) of the National Aeronautics and Space Act of
1958 (42 U.S.C. 2473(c)(5)), or on a contractual basis; and
(3) describe the United States Government and space flight
operator responsibilities for liability and indemnification
with respect to commercial suborbital vehicle flights that
involve NASA-sponsored payloads or activities, NASA-supported
space flight participants, or other NASA-related contributions.
(b) Commercial Reusable Suborbital Capabilities and Risks.--The
Administrator shall assess and characterize the potential capabilities
and performance of commercial reusable suborbital vehicles for
addressing scientific research, including research requiring access to
low gravity and microgravity environments, for carrying out technology
demonstrations related to science, exploration, or space operations
requirements, and for providing opportunities for educating and
training space scientists and engineers, once those vehicles become
operational. The assessment shall also characterize the risks of using
potential commercial reusable suborbital flights to NASA-sponsored
researchers, investigators, and scientific investigations and flight
hardware. The Administrator shall make a determination on the need to
enter into arrangements with commercial reusable suborbital service
providers for flights or flight services to acquire analytical data to
inform the assessment.
(c) Transmittal.--The plan and assessment described in subsections
(a) and (b) shall be transmitted to the Congress not later than 1 year
after the date of enactment of this Act.
(d) In General.--The report of the National Academy of Sciences
entitled ``Revitalizing NASA's Suborbital Program: Advancing Science,
Driving Innovation and Developing Workforce'' found that suborbital
science missions were critical to building an aerospace workforce
capable of meeting the needs of current and future human and robotic
space exploration.
(e) 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-term and long-term strategic plans related to the
use of commercial reusable suborbital vehicles to support NASA's
requirements for competitively-selected science, technology
demonstration, and educational activities.
(f) Establishment.--The Administrator shall establish a Commercial
Reusable Suborbital Research Program within the Space Technology
Program that shall fund the development of competitively selected
payloads for scientific research, technology development, and
education, and shall provide flight opportunities for those payloads to
microgravity environments and suborbital altitudes that meet the
requirements of such investigations. The Commercial Reusable Suborbital
Research Program may fund engineering and integration demonstrations,
proofs of concept, or experiments for commercial reusable vehicle
flights, once the vehicles have met the requirements consistent with
subsection (h). The program shall coordinate with NASA's Mission
Directorates to help achieve NASA's research, technology, and education
goals.
(g) Report.--The Administrator shall submit a report annually to
the 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. The plan and
assessment described in subsections (a) and (b) shall be transmitted to
the Congress not later than 1 year after the date of enactment of this
Act, before the transmittal of which the Administrator shall not be
constrained in the execution of this section.
(h) Indemnification and Liability.--The Administrator shall not
proceed with a request for proposals, award any contract, commit any
United States Government funds, or enter into any other agreement for
the provision of a commercial reusable suborbital vehicle launch
service of a NASA-sponsored payload or spaceflight participant until
all indemnification and liability issues associated with the use of
such systems by the United States Government shall have been addressed
and the Administrator has provided to the Congress a report describing
the indemnification and liability provisions that are planned to be
included in such contracts or agreements.
SEC. 907. STUDY ON EXPORT CONTROL MATTERS RELATED TO UNITED STATES
ASTRONAUT SAFETY AND NASA MISSION OPERATIONS.
(a) Establishment.--The Director of OSTP, in consultation with the
Administrator and other relevant Federal agencies, shall conduct a
study to examine the need for a process for granting real-time, limited
waivers to export control license restrictions or regulations that are
necessary for United States Government entities and contractors to
enter into technical discussions and to share technical data with
foreign government entities and contractors to resolve anomalies that
may--
(1) threaten the safety of United States astronauts aboard
cooperative crewed spacecraft such as the ISS; or
(2) impair the operations of international civil research
and other spacecraft that involve the national interests of the
United States.
(b) Transmittal.--The results of the study shall be transmitted to
the Congress not later than 1 year after the date of enactment of this
Act.
SEC. 908. AMENDMENT TO THE NATIONAL AERONAUTICS AND SPACE ACT OF 1958.
Section 202 of the National Aeronautics and Space Act of 1958 (42
U.S.C. 2472) is amended by adding at the end the following new
subsection:
``(d) The Administrator and the Deputy Administrator may be retired
commissioned military personnel.''.
SEC. 909. NEAR-EARTH OBJECTS.
(a) Responsible Official.--The Administrator shall designate a
responsible official for coordinating NASA's near-Earth object
observation activities and NASA's interactions with other Federal
agencies and international entities on near-Earth object surveys,
defense, and efforts related to addressing any threats to the United
States posed by near-Earth objects. The responsible official shall
report directly to the Administrator.
(b) Reaffirmation of Policy on Near-Earth Object Survey.--The
Congress reaffirms the direction set forth in section 321(d)(1) of the
National Aeronautics and Space Administration Authorization Act of 2005
(42 U.S.C. 16691(d)(1)) that directed the Administrator ``to plan,
develop, and implement a Near-Earth Object Survey program to detect,
track, catalogue, and characterize the physical characteristics of
near-Earth objects equal to or greater than 140 meters in diameter in
order to assess the threat of such near-Earth objects to the Earth''.
(c) Reaffirmation of Policy With Respect to Threats Posed by Near-
earth Objects.--The Congress reaffirms the direction set forth in
section 804 of the National Aeronautics and Space Administration
Authorization Act of 2008 (42 U.S.C. 17794) that directed the Director
of OSTP by October 15, 2010, to--
(1) develop 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
(2) recommend a Federal agency or agencies to be
responsible for--
(A) protecting the United States from a near-Earth
object that is expected to collide with Earth; and
(B) implementing a deflection campaign, in
consultation with international bodies, should one be
necessary.
(d) Arecibo Observatory.--Congress reiterates its support for the
use of the Arecibo Observatory for NASA-funded near-Earth object-
related activities. The Administrator shall coordinate with the
Director of the National Science Foundation to ensure the availability
of the Arecibo Observatory's planetary radar to support these
activities.
(e) Plan.--Not later than 270 days after the date of enactment of
this Act, the Administrator shall transmit to the Congress a plan for
carrying out the direction reaffirmed by subsection (b).
(f) Authorization of Appropriations.--From the funds authorized for
Planetary Science in title I, $1,000,000 in fiscal year 2012 and
$1,000,000 in fiscal year 2013 shall be for supporting competitively
awarded grants for investigation of innovative approaches to carrying
out the congressionally mandated survey of near-Earth objects equal to
or greater than 140 meters in diameter.
SEC. 910. SENSE OF CONGRESS.
It is the sense of Congress that NASA shall endeavor to carry out,
to the extent feasible and technologically possible, the top
recommendation from the decadal survey in each mission area.
SEC. 911. ETHICS PROGRAMS IN THE OFFICE OF GENERAL COUNSEL.
(a) Reaffirmation of Responsibilities of Counsel.--The legal staff
of the Office of General Counsel of NASA is reminded that as Government
attorneys they have a special obligation to instruct NASA staff to
comply with applicable Federal law and regulations.
(b) Biennial Ethics Training for Counsel.--All NASA counsel shall
be required to receive ethics training in the legal obligations of
Government attorneys on a biennial basis.
(c) Certification of Training.--Certification of participation in
such a program shall be included in each counsel's personnel record.
(d) Designated Ethics Officer.--The General Counsel of NASA may not
serve as NASA's designated ethics officer.
Union Calendar No. 333
111th CONGRESS
2d Session
H. R. 5781
[Report No. 111-576]
_______________________________________________________________________
A BILL
To authorize the programs of the National Aeronautics and Space
Administration, and for other purposes.
_______________________________________________________________________
July 28, 2010
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed