[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