[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3729 Enrolled Bill (ENR)]
S.3729
One Hundred Eleventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the fifth day of January, two thousand and ten
An Act
To authorize the programs of the National Aeronautics and Space
Administration for fiscal years 2011 through 2013, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SEC. 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``National
Aeronautics and Space Administration Authorization Act of 2010''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
TITLE I--AUTHORIZATION OF APPROPRIATIONS
Sec. 101. Fiscal year 2011.
Sec. 102. Fiscal year 2012.
Sec. 103. Fiscal year 2013.
TITLE II--POLICY, GOALS, AND OBJECTIVES FOR HUMAN SPACE FLIGHT AND
EXPLORATION
Sec. 201. United States human space flight policy.
Sec. 202. Goals and objectives.
Sec. 203. Assurance of core capabilities.
Sec. 204. Independent study on human exploration of space.
TITLE III--EXPANSION OF HUMAN SPACE FLIGHT BEYOND THE INTERNATIONAL
SPACE STATION AND LOW-EARTH ORBIT
Sec. 301. Human space flight beyond low-Earth orbit.
Sec. 302. Space Launch System as follow-on launch vehicle to the Space
Shuttle.
Sec. 303. Multi-purpose crew vehicle.
Sec. 304. Utilization of existing workforce and assets in development of
Space Launch System and multi-purpose crew vehicle.
Sec. 305. NASA launch support and infrastructure modernization program.
Sec. 306. Report on effects of transition to Space Launch System on the
solid and liquid rocket motor industrial bases.
Sec. 307. Sense of Congress on other technology and robotic elements in
human space flight and exploration.
Sec. 308. Development of technologies and in-space capabilities for
beyond near-Earth space missions.
Sec. 309. Report requirement.
TITLE IV--DEVELOPMENT AND USE OF COMMERCIAL CREW AND CARGO
TRANSPORTATION CAPABILITIES
Sec. 401. Commercial Cargo Development program.
Sec. 402. Commercial Crew Development program.
Sec. 403. Requirements applicable to development of commercial crew
transportation capabilities and services.
Sec. 404. Report on International Space Station cargo return capability.
TITLE V--CONTINUATION, SUPPORT, AND EVOLUTION OF THE INTERNATIONAL SPACE
STATION
Sec. 501. Continuation of the International Space Station through 2020.
Sec. 502. Maximum utilization of the International Space Station.
Sec. 503. Maintenance of the United States segment and assurance of
continued operations of the International Space Station.
Sec. 504. Management of the ISS national laboratory.
TITLE VI--SPACE SHUTTLE RETIREMENT AND TRANSITION
Sec. 601. Sense of Congress on the Space Shuttle program.
Sec. 602. Retirement of Space Shuttle orbiters and transition of Space
Shuttle program.
Sec. 603. Disposition of orbiter vehicles.
TITLE VII--EARTH SCIENCE
Sec. 701. Sense of Congress.
Sec. 702. Interagency collaboration implementation approach.
Sec. 703. Transitioning experimental research to operations.
Sec. 704. Decadal survey missions implementation for Earth observation.
Sec. 705. Expansion of Earth science applications.
Sec. 706. Instrument test-beds and venture class missions.
Sec. 707. Sense of Congress on NPOESS follow-on program.
TITLE VIII--SPACE SCIENCE
Sec. 801. Technology development.
Sec. 802. Suborbital research activities.
Sec. 803. Overall science portfolio-sense of the Congress.
Sec. 804. In-space servicing.
Sec. 805. Decadal results.
Sec. 806. On-going restoration of radioisotope thermoelectric generator
material production.
Sec. 807. Collaboration with ESMD and SOMD on robotic missions.
Sec. 808. Near-Earth object survey and policy with respect to threats
posed.
Sec. 809. Space weather.
TITLE IX--AERONAUTICS AND SPACE TECHNOLOGY
Sec. 901. Sense of Congress.
Sec. 902. Aeronautics research goals.
Sec. 903. Research collaboration.
Sec. 904. Goal for agency space technology.
Sec. 905. Implementation plan for agency space technology.
Sec. 906. National space technology policy.
Sec. 907. Commercial reusable suborbital research program.
TITLE X--EDUCATION
Sec. 1001. Report on education implementation outcomes.
Sec. 1002. Sense of Congress on the Experimental Program to Stimulate
Competitive Research.
Sec. 1003. Science, technology, engineering, and mathematics commercial
orbital platform program.
TITLE XI--RESCOPING AND REVITALIZING INSTITUTIONAL CAPABILITIES
Sec. 1101. Sense of Congress.
Sec. 1102. Institutional requirements study.
Sec. 1103. NASA capabilities study requirement.
Sec. 1104. Sense of Congress on community transition support.
Sec. 1105. Workforce stabilization and critical skills preservation.
TITLE XII--OTHER MATTERS
Sec. 1201. Report on space traffic management.
Sec. 1202. National and international orbital debris mitigation.
Sec. 1203. Reports on program and cost assessment and control
assessment.
Sec. 1204. Eligibility for service of individual currently serving as
Administrator of NASA.
Sec. 1205. Sense of Congress on independent verification and validation
of NASA software.
Sec. 1206. Counterfeit parts.
Sec. 1207. Information security.
Sec. 1208. National Center for Human Performance.
Sec. 1209. Enhanced-use Leasing.
Sec. 1210. Sense of Congress concerning the Stennis Space Center.
TITLE XIII--COMPLIANCE WITH STATUTORY PAY-AS-YOU-GO ACT OF 2010
Sec. 1301. Compliance provision.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The United States human space flight program has, since the
first Mercury flight on May 5, 1961, been a source of pride and
inspiration for the Nation.
(2) The establishment of and commitment to human exploration
goals is essential for providing the necessary long term focus and
programmatic consistency and robustness of the United States
civilian space program.
(3) The National Aeronautics and Space Administration is and
should remain a multi-mission agency with a balanced and robust set
of core missions in science, aeronautics, and human space flight
and exploration.
(4) In the 50 years since the establishment of NASA, the arena
of space has evolved substantially. As the uses and users of space
continue to expand, the issues and operations in the regions
closest to Earth have become increasingly complex, with a growing
number of overlaps between civil, commercial and national security
activities. These developments present opportunities and challenges
to the space activities of NASA and the United States.
(5) The extraordinary challenges of achieving access to space
both motivated and accelerated the development of technologies and
industrial capabilities that have had widespread applications which
have contributed to the technological excellence of the United
States. It is essential to tie space activity to human challenges
ranging from enhancing the influence, relationships, security,
economic development, and commerce of the United States to
improving the overall human condition.
(6) It is essential to the economic well-being of the United
States that the aerospace industrial capacity, highly skilled
workforce, and embedded expertise remain engaged in demanding,
challenging, and exciting efforts that ensure United States
leadership in space exploration and related activities.
(7) Crewmembers provide the essential component to ensure the
return on investment from and the growth and safe operation of the
ISS. The Russian Soyuz vehicle has allowed continued human presence
on the ISS for United States crewmembers with its ability to serve
as both a routine and backup capability for crew delivery, rescue,
and return. With the impending retirement of the Space Shuttle, the
United States will find itself with no national crew delivery and
return system. Without any other system, the United States and all
the ISS partners will have no redundant system for human access to
and from the ISS. It is therefore essential that a United States
capability be developed as soon as possible.
(8) Existing and emerging United States commercial launch
capabilities and emerging launch capabilities offer the potential
for providing crew support assets. New capabilities for human crew
access to the ISS should be developed in a manner that ensures ISS
mission assurance and safety. Commercial services offer the
potential to broaden the availability and access to space at lower
costs.
(9) While commercial transportation systems have the promise to
contribute valuable services, it is in the United States national
interest to maintain a government operated space transportation
system for crew and cargo delivery to space.
(10) Congress restates its commitment, expressed in the
National Aeronautics and Space Administration Authorization Act of
2005 (Public Law 109-155) and the National Aeronautics and Space
Administration Authorization Act of 2008 (Public Law 110-422), to
the development of commercially developed launch and delivery
systems to the ISS for crew and cargo missions. Congress reaffirms
that NASA shall make use of United States commercially provided ISS
crew transfer and crew rescue services to the maximum extent
practicable.
(11) It is critical to identify an appropriate combination of
NASA and related United States Government programs, while providing
a framework that allows partnering, leveraging and stimulation of
the existing and emerging commercial and international efforts in
both near Earth space and the regions beyond.
(12) The designation of the United States segment of the ISS as
a National Laboratory, as provided by the National Aeronautics and
Space Administration Authorization Act of 2005 and the National
Aeronautics and Space Administration Authorization Act of 2008,
provides an opportunity for multiple United States Government
agencies, university-based researchers, research organizations, and
others to utilize the unique environment of microgravity for
fundamental scientific research and potential economic development.
(13) For some potential replacement elements necessary for ISS
sustainability, the Space Shuttle may represent the only vehicle,
existing or planned, capable of carrying those elements to the ISS
in the near term. Additional or alternative transportation
capabilities must be identified as contingency delivery options,
and accompanied by an independent analysis of projected
availability of such capabilities.
(14) The United States must develop, as rapidly as possible,
replacement vehicles capable of providing both human and cargo
launch capability to low-Earth orbit and to destinations beyond
low-Earth orbit.
(15) There is a need for national space and export control
policies that protect the national security of the United States
while also enabling the United States and its aerospace industry to
undertake cooperative programs in science and human space flight in
an effective and efficient manner and to compete effectively in the
global market place.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the National Aeronautics and Space Administration.
(2) Appropriate committees of congress.--The term ``appropriate
committees of Congress'' means--
(A) the Committee on Commerce, Science, and Transportation
of the Senate; and
(B) the Committee on Science of the House of
Representatives.
(3) Cis-lunar space.--The term ``cis-lunar space'' means the
region of space from the Earth out to and including the region
around the surface of the Moon.
(4) Deep space.--The term ``deep space'' means the region of
space beyond cis-lunar space.
(5) ISS.--The term ``ISS'' means the International Space
Station.
(6) NASA.--The term ``NASA'' means the National Aeronautics and
Space Administration.
(7) Near-earth space.--The term ``near-Earth space'' means the
region of space that includes low-Earth orbit and extends out to
and includes geo-synchronous orbit.
(8) NOAA.--The term ``NOAA'' means the National Oceanic and
Atmospheric Administration.
(9) OSTP.--The term ``OSTP'' means the Office of Science and
Technology Policy.
(10) Space launch system.--The term ``Space Launch System''
means the follow-on government-owned civil launch system developed,
managed, and operated by NASA to serve as a key component to expand
human presence beyond low-Earth orbit.
TITLE I--AUTHORIZATION OF APPROPRIATIONS
SEC. 101. FISCAL YEAR 2011.
There are authorized to be appropriated to NASA for fiscal year
2011, $19,000,000,000, as follows:
(1) For Exploration, $3,868,000,000, of which--
(A) $1,120,000,000 shall be for a multi-purpose crew
vehicle, and associated program and other necessary support;
(B) $1,631,000,000 shall be for Space Launch System and
associated program and other necessary support;
(C) $250,000,000 shall be for Exploration Technology
Development;
(D) $155,000,000 shall be for Human Research;
(E) $300,000,000 shall be for Commercial Cargo;
(F) $312,000,000 shall be for Commercial Crew Development
activities and studies related to commercial crew services; and
(G) $100,000,000 shall be for Robotic Precursor Studies and
Instruments.
(2) For Space Operations, $5,508,500,000, of which--
(A) $2,779,800,000 shall be for the ISS program;
(B) $1,609,700,000 shall be for Space Shuttle, to support
Space Shuttle flight operations and related activities; and
(C) $1,119,000,000 for Space and Flight Services, of which
$428,600,000 shall be directed toward NASA launch support and
infrastructure modernization program.
(3) For Science, $5,005,600,000, of which--
(A) $1,801,800,000 shall be for Earth Sciences;
(B) $1,485,700,000 shall be for Planetary Science;
(C) $1,076,300,000 shall be for Astrophysics; and
(D) $641,900,000 shall be for Heliophysics.
(4) For Aeronautics, $929,600,000, of which--
(A) $579,600,000 shall be for Aeronautics Research; and
(B) $350,000,000 shall be for Space Technology.
(5) For Education, $145,800,000, of which--
(A) $25,000,000 shall be for the Experimental Program to
Stimulate Competitive Research; and
(B) $45,600,000 shall be for the Space Grant program.
(6) For Cross-Agency Support Programs, $3,111,400,000.
(7) For Construction and Environmental Compliance and
Restoration, $394,300,000.
(8) For Inspector General, $37,000,000.
SEC. 102. FISCAL YEAR 2012.
There are authorized to be appropriated to NASA for fiscal year
2012, $19,450,000,000, as follows:
(1) For Exploration, $5,252,300,000, of which--
(A) $1,400,000,000 shall be for a multi-purpose crew
vehicle and associated program and other necessary support;
(B) $2,650,000,000 shall be for Space Launch System and
associated program and other necessary support;
(C) $437,300,000 shall be for Exploration Technology
Development;
(D) $165,000,000 shall be for Human Research;
(E) $500,000,000 shall be for commercial crew capabilities;
and
(F) $100,000,000 shall be for Robotic Precursor Instruments
and Low-Cost Missions.
(2) For Space Operations, $4,141,500,000, of which--
(A) $2,952,250,000 shall be for the ISS operations and
crew/cargo support; and
(B) $1,189,250,000 shall be for Space and Flight Services,
of which $500,000,000 shall be directed toward the NASA launch
support and infrastructure modernization program.
(3) For Science, $5,248,600,000, of which--
(A) $1,944,500,000 shall be for Earth Sciences;
(B) $1,547,200,000 shall be for Planetary Science;
(C) $1,109,300,000 shall be for Astrophysics; and
(D) $647,600,000 shall be for Heliophysics.
(4) For Aeronautics, $1,070,600,000, of which--
(A) $584,700,000 shall be for Aeronautics Research; and
(B) $486,000,000 shall be for Space Technology.
(5) For Education, $145,800,000, of which--
(A) $25,000,000 shall be for the Experimental Program to
Stimulate Competitive Research; and
(B) $45,600,000 shall be for the Space Grant program.
(6) For Cross-Agency Support Programs, $3,189,600,000.
(7) For Construction and Environmental Compliance and
Restoration, $363,800,000.
(8) For Inspector General, $37,800,000.
SEC. 103. FISCAL YEAR 2013.
There are authorized to be appropriated to NASA for fiscal year
2013, $19,960,000,000, as follows:
(1) For Exploration, $5,264,000,000, of which--
(A) $1,400,000,000 shall be for a multi-purpose crew
vehicle and associated program and other necessary support;
(B) $2,640,000,000 shall be for Space Launch System and
associated program and other necessary support;
(C) $449,000,000 shall be for Exploration Technology
Development;
(D) $175,000,000 shall be for Human Research;
(E) $500,000,000 shall be for commercial crew capabilities;
and
(F) $100,000,000 shall be for Robotic Precursor Instruments
and Low-Cost Missions.
(2) For Space Operations, $4,253,300,000, of which--
(A) $3,129,400,000 shall be for the ISS operations and
crew/cargo support; and
(B) $1,123,900,000 shall be for Space and Flight Services,
of which $400,000,000 shall be directed toward the NASA launch
support and infrastructure modernization program.
(3) For Science, $5,509,600,000, of which--
(A) $2,089,500,000 shall be for Earth Sciences;
(B) $1,591,200,000 shall be for Planetary Science;
(C) $1,149,100,000 shall be for Astrophysics; and
(D) $679,800,000 shall be for Heliophysics.
(4) For Aeronautics, $1,105,000,000, of which--
(A) $590,000,000 shall be for Aeronautics Research; and
(B) $515,000,000 shall be for Space Technology.
(5) For Education, $145,700,000, of which--
(A) $25,000,000 shall be for the Experimental Program to
Stimulate Competitive Research; and
(B) $45,600,000 shall be for the Space Grant program.
(6) For Cross-Agency Support Programs, $3,276,800,000.
(7) For Construction and Environmental Compliance and
Restoration, $366,900,000.
(8) For Inspector General, $38,700,000.
TITLE II--POLICY, GOALS, AND OBJECTIVES FOR HUMAN SPACE FLIGHT AND
EXPLORATION
SEC. 201. UNITED STATES HUMAN SPACE FLIGHT POLICY.
(a) Use of Non-United States Human Space Flight Transportation
Capabilities.--It is the policy of the United States that reliance upon
and use of non-United States human space flight capabilities shall be
undertaken only as a contingency in circumstances where no United
States-owned and operated human space flight capability is available,
operational, and certified for flight by appropriate Federal agencies.
(b) United States Human Space Flight Capabilities.--Congress
reaffirms the policy stated in section 501(a) of the National
Aeronautics and Space Administration Authorization Act of 2005 (42
U.S.C. 16761(a)), that the United States shall maintain an
uninterrupted capability for human space flight and operations in low-
Earth orbit, and beyond, as an essential instrument of national
security and of the capacity to ensure continued United States
participation and leadership in the exploration and utilization of
space.
SEC. 202. GOALS AND OBJECTIVES.
(a) Long Term Goal.--The long term goal of the human space flight
and exploration efforts of NASA shall be to expand permanent human
presence beyond low-Earth orbit and to do so, where practical, in a
manner involving international partners.
(b) Key Objectives.--The key objectives of the United States for
human expansion into space shall be--
(1) to sustain the capability for long-duration presence in
low-Earth orbit, initially through continuation of the ISS and full
utilization of the United States segment of the ISS as a National
Laboratory, and through assisting and enabling an expanded
commercial presence in, and access to, low-Earth orbit, as elements
of a low-Earth orbit infrastructure;
(2) to determine if humans can live in an extended manner in
space with decreasing reliance on Earth, starting with utilization
of low-Earth orbit infrastructure, to identify potential roles that
space resources such as energy and materials may play, to meet
national and global needs and challenges, such as potential
cataclysmic threats, and to explore the viability of and lay the
foundation for sustainable economic activities in space;
(3) to maximize the role that human exploration of space can
play in advancing overall knowledge of the universe, supporting
United States national and economic security and the United States
global competitive posture, and inspiring young people in their
educational pursuits; and
(4) to build upon the cooperative and mutually beneficial
framework established by the ISS partnership agreements and
experience in developing and undertaking programs and meeting
objectives designed to realize the goal of human space flight set
forth in subsection (a).
SEC. 203. ASSURANCE OF CORE CAPABILITIES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the ISS, technology developments, the current Space Shuttle
program, and follow-on transportation systems authorized by this
Act form the foundation of initial capabilities for missions beyond
low-Earth orbit to a variety of lunar and Lagrangian orbital
locations; and
(2) these initial missions and related capabilities should be
utilized to provide operational experience, technology development,
and the placement and assured use of in-space infrastructure and
in-space servicing of existing and future assets.
(b) Space Shuttle Capability Assurance.--
(1) Development of follow-on space transportation systems.--The
Administrator shall proceed with the development of follow-on space
transportation systems in a manner that ensures that the national
capability to restart and fly Space Shuttle missions can be
initiated if required by the Congress, in an Act enacted after the
date of enactment of this Act, or by a Presidential determination
transmitted to the Congress, before the last Space Shuttle mission
authorized by this Act is completed.
(2) Required actions.--In carrying out the requirement in
paragraph (1), the Administrator shall authorize refurbishment of
the manufactured external tank of the Space Shuttle, designated as
ET-94, and take all actions necessary to enable its readiness for
use in the Space Launch System development as a critical skills and
capability retention effort or for test purposes, while preserving
the ability to use this tank if needed for an ISS contingency if
deemed necessary under paragraph (1).
SEC. 204. INDEPENDENT STUDY ON HUMAN EXPLORATION OF SPACE.
(a) In General.--In fiscal year 2012 the Administrator shall
contract with the National Academies for a review of the goals, core
capabilities, and direction of human space flight, using the goals set
forth in the National Aeronautics and Space Act of 1958, the National
Aeronautics and Space Administration Authorization Act of 2005, and the
National Aeronautics and Space Administration Authorization Act of
2008, the goals set forth in this Act, and goals set forth in any
existing statement of space policy issued by the President.
(b) Elements.--The review shall include--
(1) a broad spectrum of participation with representatives of a
range of disciplines, backgrounds, and generations, including
civil, commercial, international, scientific, and national security
interests;
(2) input from NASA's international partner discussions and
NASA's Human Exploration Framework Team;
(3) an examination of the relationship of national goals to
foundational capabilities, robotic activities, technologies, and
missions authorized by this Act;
(4) a review and prioritization of scientific, engineering,
economic, and social science questions to be addressed by human
space exploration to improve the overall human condition; and
(5) findings and recommendations for fiscal years 2014 through
2023.
TITLE III--EXPANSION OF HUMAN SPACE FLIGHT BEYOND THE INTERNATIONAL
SPACE STATION AND LOW-EARTH ORBIT
SEC. 301. HUMAN SPACE FLIGHT BEYOND LOW-EARTH ORBIT.
(a) Findings.--Congress makes the following findings:
(1) The extension of the human presence from low-Earth orbit to
other regions of space beyond low-Earth orbit will enable missions
to the surface of the Moon and missions to deep space destinations
such as near-Earth asteroids and Mars.
(2) The regions of cis-lunar space are accessible to other
national and commercial launch capabilities, and such access raises
a host of national security concerns and economic implications that
international human space endeavors can help to address.
(3) The ability to support human missions in regions beyond
low-Earth orbit and on the surface of the Moon can also drive
developments in emerging areas of space infrastructure and
technology.
(4) Developments in space infrastructure and technology can
stimulate and enable increased space applications, such as in-space
servicing, propellant resupply and transfer, and in situ resource
utilization, and open opportunities for additional users of space,
whether national, commercial, or international.
(5) A long term objective for human exploration of space should
be the eventual international exploration of Mars.
(6) Future international missions beyond low-Earth orbit should
be designed to incorporate capability development and availability,
affordability, and international contributions.
(7) Human space flight and future exploration beyond low-Earth
orbit should be based around a pay-as-you-go approach. Requirements
in new launch and crew systems authorized in this Act should be
scaled to the minimum necessary to meet the core national mission
capability needed to conduct cis-lunar missions. These initial
missions, along with the development of new technologies and in-
space capabilities can form the foundation for missions to other
destinations. These initial missions also should provide
operational experience prior to the further human expansion into
space.
(b) Report on International Collaboration.--
(1) Report required.--Not later than 120 days after the date of
the enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report on the following assets
and capabilities:
(A) Any effort by NASA to expand and ensure effective
international collaboration on the ISS.
(B) The efforts of NASA, including its approach and
progress, in defining near-term, cis-lunar space human
missions.
(2) NASA contributions.--In preparing the report required by
paragraph (1), the Administrator shall assume that NASA will
contribute to the efforts described in that paragraph the
following:
(A) A Space Launch System.
(B) A multi-purpose crew vehicle.
(C) Such other technology elements the Administrator may
consider appropriate, and which the Administrator shall
specifically identify in the report.
SEC. 302. SPACE LAUNCH SYSTEM AS FOLLOW-ON LAUNCH VEHICLE TO THE SPACE
SHUTTLE.
(a) United States Policy.--It is the policy of the United States
that NASA develop a Space Launch System as a follow-on to the Space
Shuttle that can access cis-lunar space and the regions of space beyond
low-Earth orbit in order to enable the United States to participate in
global efforts to access and develop this increasingly strategic
region.
(b) Initiation of Development.--
(1) In general.--The Administrator shall, as soon as
practicable after the date of the enactment of this Act, initiate
development of a Space Launch System meeting the minimum
capabilities requirements specified in subsection (c).
(2) Modification of current contracts.--In order to limit
NASA's termination liability costs and support critical
capabilities, the Administrator shall, to the extent practicable,
extend or modify existing vehicle development and associated
contracts necessary to meet the requirements in paragraph (1),
including contracts for ground testing of solid rocket motors, if
necessary, to ensure their availability for development of the
Space Launch System.
(c) Minimum Capability Requirements.--
(1) In general.--The Space Launch System developed pursuant to
subsection (b) shall be designed to have, at a minimum, the
following:
(A) The initial capability of the core elements, without an
upper stage, of lifting payloads weighing between 70 tons and
100 tons into low-Earth orbit in preparation for transit for
missions beyond low-Earth orbit.
(B) The capability to carry an integrated upper Earth
departure stage bringing the total lift capability of the Space
Launch System to 130 tons or more.
(C) The capability to lift the multipurpose crew vehicle.
(D) The capability to serve as a backup system for
supplying and supporting ISS cargo requirements or crew
delivery requirements not otherwise met by available commercial
or partner-supplied vehicles.
(2) Flexibility.--The Space Launch System shall be designed
from inception as a fully-integrated vehicle capable of carrying a
total payload of 130 tons or more into low-Earth orbit in
preparation for transit for missions beyond low-Earth orbit. The
Space Launch System shall, to the extent practicable, incorporate
capabilities for evolutionary growth to carry heavier payloads.
Developmental work and testing of the core elements and the upper
stage should proceed in parallel subject to appropriations.
Priority should be placed on the core elements with the goal for
operational capability for the core elements not later than
December 31, 2016.
(3) Transition needs.--The Administrator shall ensure critical
skills and capabilities are retained, modified, and developed, as
appropriate, in areas related to solid and liquid engines, large
diameter fuel tanks, rocket propulsion, and other ground test
capabilities for an effective transition to the follow-on Space
Launch System.
(4) The capacity for efficient and timely evolution, including
the incorporation of new technologies, competition of sub-elements,
and commercial operations.
SEC. 303. MULTI-PURPOSE CREW VEHICLE.
(a) Initiation of Development.--
(1) In general.--The Administrator shall continue the
development of a multi-purpose crew vehicle to be available as soon
as practicable, and no later than for use with the Space Launch
System. The vehicle shall continue to advance development of the
human safety features, designs, and systems in the Orion project.
(2) Goal for operational capability.--It shall be the goal to
achieve full operational capability for the transportation vehicle
developed pursuant to this subsection by not later than December
31, 2016. For purposes of meeting such goal, the Administrator may
undertake a test of the transportation vehicle at the ISS before
that date.
(b) Minimum Capability Requirements.--The multi-purpose crew
vehicle developed pursuant to subsection (a) shall be designed to have,
at a minimum, the following:
(1) The capability to serve as the primary crew vehicle for
missions beyond low-Earth orbit.
(2) The capability to conduct regular in-space operations, such
as rendezvous, docking, and extra-vehicular activities, in
conjunction with payloads delivered by the Space Launch System
developed pursuant to section 302, or other vehicles, in
preparation for missions beyond low-Earth orbit or servicing of
assets described in section 804, or other assets in cis-lunar
space.
(3) The capability to provide an alternative means of delivery
of crew and cargo to the ISS, in the event other vehicles, whether
commercial vehicles or partner-supplied vehicles, are unable to
perform that function.
(4) The capacity for efficient and timely evolution, including
the incorporation of new technologies, competition of sub-elements,
and commercial operations.
SEC. 304. UTILIZATION OF EXISTING WORKFORCE AND ASSETS IN DEVELOPMENT
OF SPACE LAUNCH SYSTEM AND MULTI-PURPOSE CREW VEHICLE.
(a) In General.--In developing the Space Launch System pursuant to
section 302 and the multi-purpose crew vehicle pursuant to section 303,
the Administrator shall, to the extent practicable utilize--
(1) existing contracts, investments, workforce, industrial
base, and capabilities from the Space Shuttle and Orion and Ares 1
projects, including--
(A) space-suit development activities for application to,
and coordinated development of, a multi-purpose crew vehicle
suit and associated life-support requirements with potential
development of standard NASA-certified suit and life support
systems for use in alternative commercially-developed crew
transportation systems; and
(B) Space Shuttle-derived components and Ares 1 components
that use existing United States propulsion systems, including
liquid fuel engines, external tank or tank-related capability,
and solid rocket motor engines; and
(2) associated testing facilities, either in being or under
construction as of the date of enactment of this Act.
(b) Discharge of Requirements.--In meeting the requirements of
subsection (a), the Administrator--
(1) shall, to the extent practicable, utilize ground-based
manufacturing capability, ground testing activities, launch and
operations infrastructure, and workforce expertise;
(2) shall, to the extent practicable, minimize the modification
and development of ground infrastructure and maximize the
utilization of existing software, vehicle, and mission operations
processes;
(3) shall complete construction and activation of the A-3 test
stand with a completion goal of September 30, 2013;
(4) may procure, develop, and flight test applicable
components; and
(5) shall take appropriate actions to ensure timely and cost-
effective development of the Space Launch System and the multi-
purpose crew vehicle, including the use of a procurement approach
that incorporates adequate and effective oversight, the
facilitation of contractor efficiencies, and the stream-lining of
contract and procurement requirements.
SEC. 305. NASA LAUNCH SUPPORT AND INFRASTRUCTURE MODERNIZATION PROGRAM.
(a) In General.--The Administrator shall carry out a program the
primary purpose of which is to prepare infrastructure at the Kennedy
Space Center that is needed to enable processing and launch of the
Space Launch System. Vehicle interfaces and other ground processing and
payload integration areas should be simplified to minimize overall
costs, enhance safety, and complement the purpose of this section.
(b) Elements.--The program required by this section shall include--
(1) investments to improve civil and national security
operations at the Kennedy Space Center, to enhance the overall
capabilities of the Center, and to reduce the long term cost of
operations and maintenance;
(2) measures to provide multi-vehicle support, improvements in
payload processing, and partnering at the Kennedy Space Center; and
(3) such other measures, including investments to improve
launch infrastructure at NASA flight facilities scheduled to launch
cargo to the ISS under the commercial orbital transportation
services program as the Administrator may consider appropriate.
(c) Report on NASA Launch Support and Infrastructure Modernization
Program.--
(1) Report required.--Not later than 120 days after the date of
the enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report on the plan for the
implementation of the NASA launch support and infrastructure
modernization program.
(2) Elements.--The report required by this subsection shall
include--
(A) a description of the ground infrastructure plan tied to
the Space Launch System and potential ground investment
activities at other NASA centers related to supporting the
development of the Space Launch System;
(B) a description of proposed initiatives intended to be
conducted jointly or in cooperation with Cape Canaveral Air
Force Station, Florida, or other installations or components of
the United States Government; and
(C) a description of plans to use funds authorized to be
appropriated by this Act to improve non-NASA facilities, which
plans shall include a business plan outlining the nature and
scope of investments planned by other parties.
SEC. 306. REPORT ON EFFECTS OF TRANSITION TO SPACE LAUNCH SYSTEM ON THE
SOLID AND LIQUID ROCKET MOTOR INDUSTRIAL BASES.
(a) Report Required.--Not later than 120 days after the date of the
enactment of this Act, the Administrator shall submit to Congress a
report setting forth an assessment, prepared by the Administrator, in
consultation with the Secretary of Defense and the Secretary of
Commerce, of the effects of the retirement of the Space Shuttle, and of
the transition to the Space Launch System developed pursuant to section
302, on the solid rocket motor industrial base and the liquid rocket
motor industrial base in the United States.
(b) Matters To Be Addressed.--In preparing the assessment required
by subsection (a), the Administrator shall address the following:
(1) The effects of efficiencies and efforts to stream-line the
industrial bases referred to in subsection (a) for support of
civil, military, and commercial users.
(2) The extent to which the United States is reliant on non-
United States systems, including foreign rocket motors and foreign
launch vehicles.
(3) Such other matters as the Administrator, in consultation
with the Secretary of Defense and the Secretary of Commerce, may
consider appropriate.
SEC. 307. SENSE OF CONGRESS ON OTHER TECHNOLOGY AND ROBOTIC ELEMENTS IN
HUMAN SPACE FLIGHT AND EXPLORATION.
It is the sense of Congress that a balance is needed in human space
flight between using and building upon existing capabilities and
investing in and enabling new capabilities. Technology development
provides the potential to develop an increased ability to operate and
extend human presence in space, while at the same time enhance the
nation's economic development and aid in addressing challenges here on
Earth. Additionally, the establishment of in-space capabilities, use of
space resources, and the ability to repair and reuse systems in space
can contribute to the overall goals of extending human presence in
space in an international manner, consistent with section 301(a).
SEC. 308. DEVELOPMENT OF TECHNOLOGIES AND IN-SPACE CAPABILITIES FOR
BEYOND NEAR-EARTH SPACE MISSIONS.
(a) Development Authorized.--The Administrator may initiate
activities to develop the following:
(1) Technologies identified as necessary elements of missions
beyond low-Earth orbit.
(2) In-space capabilities such as refueling and storage
technology, orbital transfer stages, innovative in-space propulsion
technology, communications, and data management that facilitate a
broad range of users (including military and commercial) and
applications defining the architecture and design of such missions.
(3) Spacesuit development and associated life support
technology.
(4) Flagship missions.
(b) Investments.--In developing technologies and capabilities under
subsection (a), the Administrator may make investments--
(1) in space technologies such as advanced propulsion,
propellant depots, in situ resource utilization, and robotic
payloads or capabilities that enable human missions beyond low-
Earth orbit ultimately leading to Mars;
(2) in a space-based transfer vehicle including these
technologies with an ability to conduct space-based operations that
provide capabilities--
(A) to integrate with the Space Launch System and other
space-based systems;
(B) to provide opportunities for in-space servicing of and
delivery to multiple space-based platforms; and
(C) to facilitate international efforts to expand human
presence to deep space destinations;
(3) in advanced life support technologies and capabilities;
(4) in technologies and capabilities relating to in-space
power, propulsion, and energy systems;
(5) in technologies and capabilities relating to in-space
propellant transfer and storage;
(6) in technologies and capabilities relating to in situ
resource utilization; and
(7) in expanded research to understand the greatest biological
impediments to human deep space missions, especially the radiation
challenge.
(c) Utilization of ISS as Testbed.--The Administrator may utilize
the ISS as a testbed for any technology or capability developed under
subsection (a) in a manner consistent with the provisions of this Act.
(d) Coordination.--The Administrator shall coordinate development
of technologies and capabilities under this section through an overall
agency technology approach, as authorized by section 905 of this Act.
SEC. 309. REPORT REQUIREMENT.
Within 90 days after the date of enactment of this Act, or upon
completion of reference designs for the Space Launch System and Multi-
purpose Crew Vehicle authorized by this Act, whichever occurs first,
the Administrator shall provide a detailed report to the appropriate
committees of Congress that provides an overall description of the
reference vehicle design, the assumptions, description, data, and
analysis of the systems trades and resolution process, justification of
trade decisions, the design factors which implement the essential
system and vehicle capability requirements established by this Act, the
explanation and justification of any deviations from those
requirements, the plan for utilization of existing contracts, civil
service and contract workforce, supporting infrastructure utilization
and modifications, and procurement strategy to expedite development
activities through modification of existing contract vehicles, and the
schedule of design and development milestones and related schedules
leading to the accomplishment of operational goals established by this
Act. The Administrator shall provide an update of this report as part
of the President's annual Budget Request.
TITLE IV--DEVELOPMENT AND USE OF COMMERCIAL CREW AND CARGO
TRANSPORTATION CAPABILITIES
SEC. 401. COMMERCIAL CARGO DEVELOPMENT PROGRAM.
The Administrator shall continue to support the existing Commercial
Orbital Transportation Services program, aimed at enabling the
commercial space industry in support of NASA to develop reliable means
of launching cargo and supplies to the ISS throughout the duration of
the facility's operation. The Administrator may apply funds towards the
reduction of risk to the timely start of these services, specifically--
(1) efforts to conduct a flight test;
(2) accelerate development; and
(3) develop the ground infrastructure needed for commercial
cargo capability.
SEC. 402. COMMERCIAL CREW DEVELOPMENT PROGRAM.
(a) Continuation of Program During Fiscal Year 2011.--The
Administrator shall continue, and may expand the number of participants
and the activities of, the Commercial Crew Development (CCDEV) program
in fiscal year 2011, subject to the provisions of this title.
(b) Continuation of Activities and Agreements of Fiscal Year
2010.--In carrying out subsection (a), the Administrator may continue
or expand activities and agreements initiated in fiscal year 2010 that
reduce risk, develop technologies, and lead to other advancements that
will help determine the most effective and efficient means of advancing
the development of commercial crew services.
SEC. 403. REQUIREMENTS APPLICABLE TO DEVELOPMENT OF COMMERCIAL CREW
TRANSPORTATION CAPABILITIES AND SERVICES.
(a) FY 2011 Contracts and Procurement Agreements.--
(1) In general.--Except as provided in paragraph (2), the
Administrator may not execute a contract or procurement agreement
with respect to follow-on commercial crew services during fiscal
year 2011.
(2) Exception.--Notwithstanding paragraph (1), the
Administrator may execute a contract or procurement agreement with
respect to follow-on commercial crew services during fiscal year
2011 if--
(A) the requirements of paragraphs (1), (2), and (3) of
subsection (b) are met; and
(B) the total amount involved for all such contracts and
procurement agreements executed during fiscal year 2011 does
not exceed $50,000,000 for fiscal year 2011.
(b) Support.--The Administrator may, beginning in fiscal year 2012
through the duration of the program, support follow-on commercially-
developed crew transportation systems dependent upon the completion of
each of the following:
(1) Human rating requirements.--Not later than 60 days after
the date of the enactment of this Act, the Administrator shall
develop and make available to the public detailed human rating
processes and requirements to guide the design of commercially-
developed crew transportation capabilities, which requirements
shall be at least equivalent to proven requirements for crew
transportation in use as of the date of the enactment of this Act.
(2) Commercial market assessment.--Not later than 180 days
after the date of the enactment of this Act, the Administrator
shall submit to the appropriate committees of Congress an
assessment, conducted, in coordination with the Federal Aviation
Administration's Office of Commercial Space Transportation, for
purposes of this paragraph, of the potential non-Government market
for commercially-developed crew and cargo transportation systems
and capabilities, including an assessment of the activities
associated with potential private sector utilization of the ISS
research and technology development capabilities and other
potential activities in low-Earth orbit.
(3) Procurement system review.--The Administrator shall review
current Government procurement and acquisition practices and
processes, including agreement authorities under the National
Aeronautics and Space Act of 1958, to determine the most cost-
effective means of procuring commercial crew transportation
capabilities and related services in a manner that ensures
appropriate accountability, transparency, and maximum efficiency in
the procurement of such capabilities and services, which review
shall include an identification of proposed measures to address
risk management and means of indemnification of commercial
providers of such capabilities and services, and measures for
quality control, safety oversight, and the application of Federal
oversight processes within the jurisdiction of other Federal
agencies. A description of the proposed procurement process and
justification of the proposed procurement for its selection shall
be included in any proposed initiation of procurement activity for
commercially-developed crew transportation capabilities and
services and shall be subject to review by the appropriate
committees of Congress before the initiation of any competitive
process to procure such capabilities or services. In support of the
review by such committees, the Comptroller General shall undertake
an assessment of the proposed procurement process and provide a
report to the appropriate committees of Congress within 90 days
after the date on which the Administrator provides the description
and justification to such committees.
(4) Use of government-supplied capabilities and
infrastructure.--In evaluating any proposed development activity
for commercially-developed crew or cargo launch capabilities, the
Administrator shall identify the anticipated contribution of
government personnel, expertise, technologies, and infrastructure
to be utilized in support of design, development, or operations of
such capabilities. This assessment shall include a clear
delineation of the full requirements for the commercial crew
service (including the contingency for crew rescue). The
Administrator shall include details and associated costs of such
support as part of any proposed development initiative for the
procurement of commercially-developed crew or cargo launch
capabilities or services.
(5) Flight demonstration and readiness requirements.--The
Administrator shall establish appropriate milestones and minimum
performance objectives to be achieved before authority is granted
to proceed to the procurement of commercially-developed crew
transportation capabilities or systems. The guidelines shall
include a procedure to provide independent assurance of flight
safety and flight readiness before the authorization of United
States government personnel to participate as crew onboard any
commercial launch vehicle developed pursuant to this section.
(6) Commercial crew rescue capabilities.--The provision of a
commercial capability to provide ISS crew services shall include
crew rescue requirements, and shall be undertaken through the
procurement process initiated in conformance with this section. In
the event such development is initiated, the Administrator shall
make available any relevant government-owned intellectual property
deriving from the development of a multi-purpose crew vehicle
authorized by this Act to commercial entities involved with such
crew rescue capability development which shall be relevant to the
design of a crew rescue capability. In addition, the Administrator
shall seek to ensure that contracts for development of the multi-
purpose crew vehicle contain provisions for the licensing of
relevant intellectual property to participating commercial
providers of any crew rescue capability development undertaken
pursuant to this section. If one or more contractors involved with
development of the multi-purpose crew vehicle seek to compete in
development of a commercial crew service with crew rescue
capability, separate legislative authority must be enacted to
enable the Administrator to provide funding for any modifications
of the multi-purpose crew vehicle necessary to fulfill the ISS crew
rescue function.
SEC. 404. REPORT ON INTERNATIONAL SPACE STATION CARGO RETURN
CAPABILITY.
Not later than 120 days after the date of the enactment of this
Act, the Administrator shall submit to the appropriate committees of
Congress a report on potential alternative commercially-developed means
for the capability for a soft-landing return on land from the ISS of--
(1) research samples or other derivative materials; and
(2) small to mid-sized (up to 1,000 kilograms) equipment for
return and analysis, or for refurbishment and redelivery, to the
ISS.
TITLE V--CONTINUATION, SUPPORT, AND EVOLUTION OF THE INTERNATIONAL
SPACE STATION
SEC. 501. CONTINUATION OF THE INTERNATIONAL SPACE STATION THROUGH 2020.
(a) Policy of the United States.--It shall be the policy of the
United States, in consultation with its international partners in the
ISS program, to support full and complete utilization of the ISS
through at least 2020.
(b) NASA Actions.--In furtherance of the policy set forth in
subsection (a), NASA shall pursue international, commercial, and
intragovernmental means to maximize ISS logistics supply, maintenance,
and operational capabilities, reduce risks to ISS systems
sustainability, and offset and minimize United States operations costs
relating to the ISS.
SEC. 502. MAXIMUM UTILIZATION OF THE INTERNATIONAL SPACE STATION.
(a) In General.--With assembly of the ISS complete, NASA shall take
steps to maximize the productivity and use of the ISS with respect to
scientific and technological research and development, advancement of
space exploration, and international collaboration.
(b) NASA Actions.--In carrying out subsection (a), NASA shall, at a
minimum, undertake the following:
(1) Innovative use of u.s. segment.--The United States segment
of the ISS, which has been designated as a National Laboratory,
shall be developed, managed and utilized in a manner that enables
the effective and innovative use of such facility, as provided in
section 504.
(2) International cooperation.--The ISS shall continue to be
utilized as a key component of international efforts to build
missions and capabilities that further the development of a human
presence beyond near-Earth space and advance United States security
and economic goals. The Administrator shall actively seek ways to
encourage and enable the use of ISS capabilities to support these
efforts.
(3) Domestic collaboration.--The operations, management, and
utilization of the ISS shall be conducted in a manner that provides
opportunities for collaboration with other research programs and
objectives of the United States Government in cooperation with
commercial suppliers, users, and developers.
SEC. 503. MAINTENANCE OF THE UNITED STATES SEGMENT AND ASSURANCE OF
CONTINUED OPERATIONS OF THE INTERNATIONAL SPACE STATION.
(a) In General.--The Administrator shall take all actions necessary
to ensure the safe and effective operation, maintenance, and maximum
utilization of the United States segment of the ISS through at least
September 30, 2020.
(b) Vehicle and Component Review.--
(1) In general.--In carrying out subsection (a), the
Administrator shall, as soon as is practicable after the date of
the enactment of this Act, carry out a comprehensive assessment of
the essential modules, operational systems and components,
structural elements, and permanent scientific equipment on board or
planned for delivery and installation aboard the ISS, including
both United States and international partner elements, for purposes
of identifying the spare or replacement modules, systems and
components, elements, and equipment that are required to ensure
complete, effective, and safe functioning and full scientific
utilization of the ISS through September 30, 2020.
(2) Data.--In carrying out the assessment, the Administrator
shall assemble any existing data, and provide for the development
of any data or analysis not currently available, that is necessary
for purposes of the assessment.
(c) Reports.--
(1) Report on assessment.--
(A) Report required.--Not later than 90 days after the date
of the enactment of this Act, the Administrator shall submit to
the appropriate committees of Congress a report on the
assessment required by subsection (b).
(B) Elements.--The report required by this paragraph shall
include, at minimum, the following:
(i) A description of the spare or replacement modules,
systems and components, elements, and equipment identified
pursuant to the assessment that are currently produced, in
inventory, or on order, a description of the state of their
readiness, and a schedule for their delivery to the ISS
(including the planned transportation means for such
delivery), including for each such module, system or
component, element, or equipment a description of--
(I) its specifications, including size, weight, and
necessary configuration for launch and delivery to the
ISS;
(II) its function;
(III) its location; and
(IV) its criticality for ISS system integrity.
(ii) A description of the spare or replacement modules,
systems and components, elements, and equipment identified
pursuant to the assessment that are not currently produced,
in inventory, or on order, including for each such module,
system or component, element, or equipment a description
of--
(I) its specifications, including size, weight, and
necessary configuration for launch and delivery to the
ISS;
(II) its function;
(III) its location;
(IV) its criticality for ISS system integrity; and
(V) the anticipated cost and schedule for its
design, procurement, manufacture, and delivery to the
ISS.
(iii) A detailed summary of the delivery schedule and
associated delivery vehicle requirements necessary to
transport all spare and replacement elements considered
essential for the ongoing and sustained functionality of
all critical systems of the ISS, both in and of themselves
and as an element of an integrated, mutually dependent
essential capability, including an assessment of the
current schedule for delivery, the availability of delivery
vehicles to meet that schedule, and the likelihood of
meeting that schedule through such vehicles.
(2) GAO report.--
(A) Report required.--Not later than 90 days after the
submittal to Congress under paragraph (1) of the assessment
required by subsection (b), the Comptroller General of the
United States shall submit to the appropriate committees of
Congress a report on the assessment. The report shall set forth
an evaluation of the assessment by the Comptroller General,
including an evaluation of the accuracy and level of confidence
in the findings of the assessment.
(B) Cooperation with gao.--The Administrator shall provide
for the monitoring and participation of the Comptroller General
in the assessment in a manner that permits the Comptroller
General to prepare and submit the report required by
subparagraph (A).
(d) Utilization of Research Facilities and Capabilities.--
Utilization of research facilities and capabilities aboard the ISS
(other than exploration-related research and technology development
facilities and capabilities, and associated ground support and
logistics), shall be planned, managed, and supported as provided in
section 504. Exploration-related research and technology development
facilities, capabilities, and associated ground support and logistics
shall be planned, managed, and supported by the appropriate NASA
organizations and officials in a manner that does not interfere with
other activities under section 504.
(e) Space Shuttle Mission to ISS.--
(1) Space shuttle mission.--The Administrator shall fly the
Launch-On-Need Shuttle mission currently designated in the Shuttle
Flight Manifest dated February 28, 2010, to the ISS in fiscal year
2011, but no earlier than June 1, 2011, unless required earlier by
an operations contingency, and pending the results of the
assessment required by paragraph (2) and the determination under
paragraph (3)(A).
(2) Assessment of safe means of return.--The Administrator
shall provide for an assessment by the NASA Engineering and Safety
Center of the procedures and plans developed to ensure the safety
of the Space Shuttle crew, and alternative means of return, in the
event the Space Shuttle is damaged or otherwise unable to return
safely to Earth.
(3) Schedule and payload.--The determination of the schedule
and payload for the mission authorized by paragraph (1) shall take
into account the following:
(A) The supply and logistics delivery requirements of the
ISS.
(B) The findings of the study required by paragraph (2).
(4) Funds.--Amounts authorized to be appropriated by section
101(2)(B) shall be available for the mission authorized by
paragraph (1).
(f) Space Shuttle Manifest Flight Assurance.--
(1) In general.--The Administrator shall take all actions
necessary to preserve Space Shuttle launch capability through
fiscal year 2011 in a manner that enables the launch, at a minimum,
of missions and primary payloads in the Shuttle flight manifest as
of February 28, 2010.
(2) Continuation of contractor support.--The Administrator may
not terminate any contract that provides the system transitions
necessary for shuttle-derived hardware to be used on either the
multi-purpose crew vehicle described in section 303 or the Space
Launch System described in section 302.
SEC. 504. MANAGEMENT OF THE ISS NATIONAL LABORATORY.
(a) Cooperative Agreement With Not-for Profit Entity for Management
of National Laboratory.--
(1) In general.--The Administrator shall provide initial
financial assistance and enter into a cooperative agreement with an
appropriate organization that is exempt from taxation under section
501(c)(3) of the Internal Revenue Code of 1986 to manage the
activities of the ISS national laboratory in accordance with this
section.
(2) Qualifications.--The organization with which the
Administrator enters into the cooperative agreement shall develop
the capabilities to implement research and development projects
utilizing the ISS national laboratory and to otherwise manage the
activities of the ISS national laboratory.
(3) Prohibition on other activities.--The cooperative agreement
shall require the organization entering into the agreement to
engage exclusively in activities relating to the management of the
ISS national laboratory and activities that promote its long term
research and development mission as required by this section,
without any other organizational objectives or responsibilities on
behalf of the organization or any parent organization or other
entity.
(b) NASA Liaison.--
(1) Designation.--The Administrator shall designate an official
or employee of the Space Operations Mission Directorate of NASA to
act as liaison between NASA and the organization with which the
Administrator enters into a cooperative agreement under subsection
(a) with regard to the management of the ISS national laboratory.
(2) Consultation with liaison.--The cooperative agreement shall
require the organization entering into the agreement to carry out
its responsibilities under the agreement in cooperation and
consultation with the official or employee designated under
paragraph (1).
(c) Planning and Coordination of ISS national laboratory Research
Activities.--The Administrator shall provide initial financial
assistance to the organization with which the Administrator enters into
a cooperative agreement under subsection (a), in order for the
organization to initiate the following:
(1) Planning and coordination of the ISS national laboratory
research activities.
(2) Development and implementation of guidelines, selection
criteria, and flight support requirements for non-NASA scientific
utilization of ISS research capabilities and facilities available
in United States-owned modules of the ISS or in partner-owned
facilities of the ISS allocated to United States utilization by
international agreement.
(3) Interaction with and integration of the International Space
Station National Laboratory Advisory Committee established under
section 602 of the National Aeronautics and Space Administration
Authorization Act of 2008 (42 U.S.C. 17752) with the governance of
the organization, and review recommendations provided by that
Committee regarding agreements with non-NASA departments and
agencies of the United States Government, academic institutions and
consortia, and commercial entities leading to the utilization of
the ISS national laboratory facilities.
(4) Coordination of transportation requirements in support of
the ISS national laboratory research and development objectives,
including provision for delivery of instruments, logistics support,
and related experiment materials, and provision for return to Earth
of collected samples, materials, and scientific instruments in need
of replacement or upgrade.
(5) Cooperation with NASA, other departments and agencies of
the United States Government, the States, and commercial entities
in ensuring the enhancement and sustained operations of non-
exploration-related research payload ground support facilities for
the ISS, including the Space Life Sciences Laboratory, the Space
Station Processing Facility and Payload Operations Integration
Center.
(6) Development and implementation of scientific outreach and
education activities designed to ensure effective utilization of
ISS research capabilities including the conduct of scientific
assemblies, conferences, and other fora for the presentation of
research findings, methods, and mechanisms for the dissemination of
non-restricted research findings and the development of educational
programs, course supplements, interaction with educational programs
at all grade levels, including student-focused research
opportunities for conduct of research in the ISS national
laboratory facilities.
(7) Such other matters relating to the utilization of the ISS
national laboratory facilities for research and development as the
Administrator may consider appropriate.
(d) Research Capacity Allocation and Integration of Research
Payloads.--
(1) Allocation of iss research capacity.--As soon as
practicable after the date of the enactment of this Act, but not
later than October 1, 2011, ISS national laboratory managed
experiments shall be guaranteed access to, and utilization of, not
less than 50 percent of the United States research capacity
allocation, including power, cold stowage, and requisite crew time
onboard the ISS through September 30, 2020. Access to the ISS
research capacity includes provision for the adequate upmass and
downmass capabilities to utilize the ISS research capacity, as
available. The Administrator may allocate additional capacity to
the ISS national laboratory should such capacity be in excess of
NASA research requirements.
(2) Additional research capabilities.--If any NASA research
plan is determined to require research capacity onboard the ISS
beyond the percentage allocated under paragraph (1), such research
plan shall be prepared in the form of a requested research
opportunity to be submitted to the process established under this
section for the consideration of proposed research within the
capacity allocated to the ISS national laboratory. A proposal for
such a research plan may include the establishment of partnerships
with non-NASA institutions eligible to propose research to be
conducted within the ISS national laboratory capacity. Until
September 30, 2020, the official or employee designated under
subsection (b) may grant an exception to this requirement in the
case of a proposed experiment considered essential for purposes of
preparing for exploration beyond low-Earth orbit, as determined by
joint agreement between the organization with which the
Administrator enters into a cooperative agreement under subsection
(a) and the official or employee designated under subsection (b).
(3) Research priorities and enhanced capacity.--The
organization with which the Administrator enters into the
cooperative agreement shall consider recommendations of the
National Academies Decadal Survey on Biological and Physical
Sciences in Space in establishing research priorities and in
developing proposed enhancements of research capacity and
opportunities for the ISS national laboratory.
(4) Responsibility for research payload.--NASA shall retain its
roles and responsibilities in providing research payload physical,
analytical, and operations integration during pre-flight, post-
flight, transportation, and orbital phases essential to ensure safe
and effective flight readiness and vehicle integration of research
activities approved and prioritized by the organization with which
the Administrator enters into the cooperative agreement and the
official or employee designated under subsection (b).
TITLE VI--SPACE SHUTTLE RETIREMENT AND TRANSITION
SEC. 601. SENSE OF CONGRESS ON THE SPACE SHUTTLE PROGRAM.
(a) Findings.--Congress makes the following findings:
(1) The Space Shuttle program represents a national asset
consisting of critical skills and capabilities, including the
ability to lift large payloads into space and return them to Earth.
(2) The Space Shuttle has carried more than 355 people from 16
nations into space.
(3) The Space Shuttle has projected the best of American values
around the world, and Space Shuttle crews have sparked the
imagination and dreams of the world's youth and young at heart.
(b) Sense of Congress.--It is the sense of Congress that--
(1) it is essential that the retirement of the Space Shuttle
and the transition to new human space flight capabilities be done
in a manner that builds upon the legacy of this national asset; and
(2) it is imperative for the United States to retain the skills
and the industrial capability to provide a follow-on Space Launch
System that is primarily designed for missions beyond near-Earth
space, while offering some potential for supplanting shuttle
delivery capabilities to low-Earth orbit, particularly in support
of ISS requirements, if necessary.
SEC. 602. RETIREMENT OF SPACE SHUTTLE ORBITERS AND TRANSITION OF SPACE
SHUTTLE PROGRAM.
(a) In General.--The Administrator shall retire the Space Shuttle
orbiters pursuant to a schedule established by the Administrator and in
a manner consistent with provisions of this Act regarding potential
requirements for contingency utilization of Space Shuttle orbiters for
ISS requirements.
(b) Utilization of Workforce and Assets in Follow-on Space Launch
System.--
(1) Utilization of vehicle assets.--In carrying out subsection
(a), the Administrator shall, to the maximum extent practicable,
utilize workforce, assets, and infrastructure of the Space Shuttle
program in efforts relating to the initiation of a follow-on Space
Launch System developed pursuant to section 302 of this Act.
(2) Other assets.--With respect to the workforce, assets, and
infrastructure not utilized as described in paragraph (1), the
Administrator shall work closely with other departments and
agencies of the Federal Government, and the private sector, to
divest unneeded assets and to assist displaced workers with
retraining and other placement efforts. Amounts authorized to be
appropriated by section 101(2)(B) shall be available for activities
pursuant to this paragraph.
SEC. 603. DISPOSITION OF ORBITER VEHICLES.
(a) In General.--Upon the termination of the Space Shuttle program
as provided in section 602, the Administrator shall decommission any
remaining Space Shuttle orbiter vehicles according to established
safety and historic preservation procedures prior to their designation
as surplus government property. The orbiter vehicles shall be made
available and located for display and maintenance through a competitive
procedure established pursuant to the disposition plan developed under
section 613(a) of the National Aeronautics and Space Administration
Authorization Act of 2008 (42 U.S.C. 17761(a)), with priority
consideration given to eligible applicants meeting all conditions of
that plan which would provide for the display and maintenance of
orbiters at locations with the best potential value to the public,
including where the location of the orbiters can advance educational
opportunities in science, technology, engineering, and mathematics
disciplines, and with an historical relationship with either the
launch, flight operations, or processing of the Space Shuttle orbiters
or the retrieval of NASA manned space vehicles, or significant
contributions to human space flight. The Smithsonian Institution,
which, as of the date of enactment of this Act, houses the Space
Shuttle Enterprise, shall determine any new location for the
Enterprise.
(b) Display and Maintenance.--The orbiter vehicles made available
under subsection (a) shall be displayed and maintained through
agreements and procedures established pursuant to section 613(a) of the
National Aeronautics and Space Administration Authorization Act of 2008
(42 U.S.C. 17761(a)).
(c) Authorization of Appropriations.--There are authorized to be
appropriated to NASA such sums as may be necessary to carry out this
section. The amounts authorized to be appropriated by this subsection
shall be in addition to any amounts authorized to be appropriated by
title I, and may be requested by the President as supplemental
requirements, if needed, in the appropriate fiscal years.
TITLE VII--EARTH SCIENCE
SEC. 701. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) Earth observations are critical to scientific understanding
and monitoring of the Earth system, to protecting human health and
property, to growing the economy of the United States, and to
strengthening the national security and international posture of
the United States. Additionally, recognizing the number of relevant
participants and activities involved with Earth observations within
the United States Government and internationally, Congress supports
the strengthening of collaboration across these areas;
(2) NASA plays a critical role through its ability to provide
data on solar output, sea level rise, atmospheric and ocean
temperature, ozone depletion, air pollution, and observation of
human and environment relationships;
(3) programs should utilize open standards consistent with
international data-sharing principles and obtain and convert data
from other government agencies, including data from the United
States Geological Survey, and data derived from satellites operated
by NOAA as well as from international satellites are important to
the study of climate science and such cooperative relationships and
programs should be maintained;
(4) Earth-observing satellites and sustained monitoring
programs will continue to play a vital role in climate science,
environmental understanding, mitigation of destructive
environmental impacts, and contributing to the general national
welfare; and
(5) land remote sensing observation plays a critical role in
Earth science, and the national space policy supports this role by
requiring operational land remote sensing capabilities.
SEC. 702. INTERAGENCY COLLABORATION IMPLEMENTATION APPROACH.
The Director of OSTP shall establish a mechanism to ensure greater
coordination of the research, operations, and activities relating to
civilian Earth observation of those Agencies, including NASA, that have
active programs that either contribute directly or indirectly to these
areas. This mechanism should include the development of a strategic
implementation plan that is updated at least every 3 years, and
includes a process for external independent advisory input. This plan
should include a description of the responsibilities of the various
Agency roles in Earth observations, recommended cost-sharing and
procurement arrangements between Agencies and other entities, including
international arrangements, and a plan for ensuring the provision of
sustained, long term space-based climate observations. The Director
shall provide a report to Congress within 90 days after the date of
enactment of this Act on the implementation plan for this mechanism.
SEC. 703. TRANSITIONING EXPERIMENTAL RESEARCH TO OPERATIONS.
The Administrator shall coordinate with the Administrator of NOAA
and the Director of the United States Geological Survey to establish a
formal mechanism that plans, coordinates, and supports the
transitioning of NASA research findings, assets, and capabilities to
NOAA operations and United States Geological Survey operations. In
defining this mechanism, NASA should consider the establishment of a
formal or informal Interagency Transition Office. The Administrator of
NASA shall provide an implementation plan for this mechanism to
Congress within 90 days after the date of enactment of this Act.
SEC. 704. DECADAL SURVEY MISSIONS IMPLEMENTATION FOR EARTH OBSERVATION.
The Administrator shall undertake to implement, as appropriate,
missions identified in the National Research Council's Earth Science
Decadal Survey within the scope of the funds authorized for the Earth
Science Mission Directorate.
SEC. 705. EXPANSION OF EARTH SCIENCE APPLICATIONS.
It is the sense of the Congress that the role of NASA in Earth
Science applications shall be expanded with other departments and
agencies of the Federal government, State and local governments, tribal
governments, academia, the private sector, nonprofit organizations, and
international partners. NASA's Earth science data can increasingly aid
efforts to improve the human condition and provide greater security.
SEC. 706. INSTRUMENT TEST-BEDS AND VENTURE CLASS MISSIONS.
The Administrator shall pursue innovative ways to fly instrument-
level payloads for early demonstration or as co-manifested payloads.
The Congress encourages the use of the ISS as an accessible platform
for the conduct of such activities. Additionally, in order to address
the cost and schedule challenges associated with large flight systems,
NASA should pursue smaller systems where practicable and warranted.
SEC. 707. SENSE OF CONGRESS ON NPOESS FOLLOW-ON PROGRAM.
It is the Sense of the Congress that--
(1) polar orbiting satellites are vital for weather prediction,
climate and environmental monitoring, national security, emergency
response, and climate research;
(2) the National Polar Orbiting Environmental Satellite System
has suffered from years of steadily rising cost estimates and
schedule delays and an independent review team recommended that the
System be restructured to improve the probability of success and
protect the continuity of weather and climate data;
(3) the Congress supports the decision made by OSTP in
February, 2010, to restructure the program to minimize schedule
slips and cost overruns, clarify the responsibilities and
accountability of NASA, NOAA, and the Department of Defense, and
retain necessary coordination across civil and defense weather and
climate programs;
(4) the Administrator of NOAA and the Secretary of Defense
should maximize the use of assets from the NPOESS program as they
establish the NOAA Joint Polar Satellite System at NASA's Goddard
Space Flight Center, and the Department of Defense's Defense
Weather Satellite System;
(5) the Administrator of NOAA and the Secretary of Defense
should structure their programs in order to maintain satellite data
continuity for the Nation's weather and climate requirements; and
(6) the Administrator of NOAA and the Secretary of Defense
should provide immediate notification to the Congress of any
impediments that may require Congressional intervention in order
for the agencies to meet launch readiness dates, together with any
recommended actions.
TITLE VIII--SPACE SCIENCE
SEC. 801. TECHNOLOGY DEVELOPMENT.
The Administrator shall ensure that the Science Mission Directorate
maintains a long term technology development program for space and
Earth science. This effort should be coordinated with an overall Agency
technology investment approach, as authorized in section 905 of this
Act.
SEC. 802. SUBORBITAL RESEARCH ACTIVITIES.
(a) In General.--The report of the National Academy of Sciences,
Revitalizing NASA's Suborbital Program: Advancing Science, Driving
Innovation and Developing Workforce, found that suborbital science
missions were absolutely critical to building an aerospace workforce
capable of meeting the needs of current and future human and robotic
space exploration.
(b) Management.--The Administrator shall designate an officer or
employee of the Science Mission Directorate to act as the responsible
official for all Suborbital Research in the Science Mission
Directorate. The designee shall be responsible for the development of
short- and long term strategic plans for maintaining, renewing and
extending suborbital facilities and capabilities, monitoring progress
towards goals in the plans, and be responsible for integration of
suborbital activities and workforce development within the agency,
thereby ensuring the long term recognition of their combined value to
the directorate, to NASA, and to the Nation.
(c) Establishment of Suborbital Research Program.--The
Administrator shall establish a Suborbital Research Program within the
Science Mission Directorate that shall include the use of sounding
rockets, aircraft, high altitude balloons, suborbital reusable launch
vehicles, and commercial launch vehicles to advance science and train
the next generation of scientists and engineers in systems engineering
and systems integration which are vital to maintaining critical skills
in the aerospace workforce. The program shall integrate existing
suborbital research programs with orbital missions at the discretion of
the designated officer or employee and shall emphasize the
participation of undergraduate and graduate students and post-doctoral
researchers when formulating announcements of opportunity.
(d) Report.--The Administrator shall report to the appropriate
committees of Congress on the number and type of suborbital missions
conducted in each fiscal year and the number of undergraduate and
graduate students participating in the missions. The report shall be
made annually for each fiscal year under this section.
(e) Authorization.--There are authorized to be appropriated to the
Administrator such sums as may be necessary to carry out this section.
SEC. 803. OVERALL SCIENCE PORTFOLIO-SENSE OF THE CONGRESS.
Congress reaffirms its sense that a balanced and adequately funded
set of activities, consisting of research and analysis grants programs,
technology development, small, medium, and large space missions, and
suborbital research activities, contributes to a robust and productive
science program and serves as a catalyst for innovation.
SEC. 804. IN-SPACE SERVICING.
The Administrator shall continue to take all necessary steps to
ensure that provisions are made for in-space or human servicing and
repair of all future observatory-class scientific spacecraft intended
to be deployed in Earth-orbit or at a Lagrangian point to the extent
practicable and appropriate. The Administrator should ensure that
agency investments and future capabilities for space technology,
robotics, and human space flight take the ability to service and repair
these spacecraft into account, where appropriate, and incorporate such
capabilities into design and operational plans.
SEC. 805. DECADAL RESULTS.
NASA shall take into account the current decadal surveys from the
National Academies' Space Studies Board when submitting the President's
budget request to the Congress.
SEC. 806. ON-GOING RESTORATION OF RADIOISOTOPE THERMOELECTRIC GENERATOR
MATERIAL PRODUCTION.
(a) Findings.--The Congress finds the following:
(1) The United States has led the world in the scientific
exploration of space for nearly 50 years.
(2) Missions such as Viking, Voyager, Cassini, and New Horizons
have greatly expanded knowledge of our solar system and planetary
characteristics and evolution.
(3) Radioisotope power systems are the only available power
sources for deep space missions making it possible to travel to
such distant destinations as Mars, Jupiter, Saturn, Pluto, and
beyond and maintain operational control and systems viability for
extended mission durations.
(4) Current radioisotope power systems supplies and production
will not fully support NASA missions planned even in the next
decade and, without a new domestic production capability, the
United States will no longer have the means to explore the majority
of the solar system by the end of this decade.
(5) Continuing to rely on Russia or other foreign sources for
radioisotope power system fuel production is not a secure option.
(6) Reestablishing domestic production will require a long
lead-time. Thus, meeting future space exploration mission needs
requires that a restart project begin at the earliest opportunity.
(b) In General.--The Administrator shall, in coordination with the
Secretary of Energy, pursue a joint approach beginning in fiscal year
2011 towards restarting and sustaining the domestic production of
radioisotope thermoelectric generator material for deep space and other
science and exploration missions. Funds authorized by this Act for NASA
shall be made available under a reimbursable agreement with the
Department of Energy for the purpose of reestablishing facilities to
produce fuel required for radioisotope thermoelectric generators to
enable future missions.
(c) Report.--Within 120 days after the date of enactment of this
Act, the Administrator and the Secretary of Energy shall submit a joint
report to the appropriate committees of Congress on coordinated
agreements, planned implementation, and anticipated schedule,
production quantities, and mission applications under this section.
SEC. 807. COLLABORATION WITH ESMD AND SOMD ON ROBOTIC MISSIONS.
The Administrator shall ensure that the Exploration Systems Mission
Directorate and the Space Operations Mission Directorate coordinate
with the Science Mission Directorate on an overall approach and plan
for interagency and international collaboration on robotic missions
that are NASA or internationally developed, including lunar,
Lagrangian, near-Earth orbit, and Mars spacecraft, such as the
International Lunar Network. Within 90 days after the date of enactment
of this Act, the Administrator shall provide a plan to the appropriate
committees of Congress for implementation of the collaborative approach
required by this section. The Administrator may not cancel or initiate
any Exploration Systems Mission Directorate or Science Mission
Directorate robotic project before the plan is submitted to the
appropriate committees of Congress.
SEC. 808. NEAR-EARTH OBJECT SURVEY AND POLICY WITH RESPECT TO THREATS
POSED.
(a) Policy Reaffirmation.--Congress reaffirms the policy set forth
in section 102(g) of the National Aeronautics and Space Act of 1958 (42
U.S.C. 2451(g)) relating to surveying near-Earth asteroids and comets.
(b) Implementation.--The Director of the OSTP shall implement,
before September 30, 2012, a policy for notifying Federal agencies and
relevant emergency response institutions of an impending near-Earth
object threat if near-term public safety is at risk, and assign a
Federal agency or agencies to be responsible for protecting the United
States and working with the international community on such threats.
SEC. 809. SPACE WEATHER.
(a) Findings.--The Congress finds the following:
(1) Space weather events pose a significant threat to modern
technological systems.
(2) The effects of severe space weather events on the electric
power grid, telecommunications and entertainment satellites,
airline communications during polar routes, and space-based
position, navigation and timing systems could have significant
societal, economic, national security, and health impacts.
(3) Earth and Space Observing satellites, such as the Advanced
Composition Explorer, Geostationary Operational Environmental
Satellites, Polar Operational Environmental Satellites, and Defense
Meteorological Satellites, provide crucial data necessary to
predict space weather events.
(b) Action Required.--The Director of OSTP shall--
(1) improve the Nation's ability to prepare, avoid, mitigate,
respond to, and recover from potentially devastating impacts of
space weather events;
(2) coordinate the operational activities of the National Space
Weather Program Council members, including the NOAA Space Weather
Prediction Center and the U.S. Air Force Weather Agency; and
(3) submit a report to the appropriate committees of Congress
within 180 days after the date of enactment of this Act that--
(A) details the current data sources, both space- and
ground-based, that are necessary for space weather forecasting;
and
(B) details the space- and ground-based systems that will
be required to gather data necessary for space weather
forecasting for the next 10 years.
TITLE IX--AERONAUTICS AND SPACE TECHNOLOGY
SEC. 901. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) aeronautics research remains vital to NASA's mission and
deserves continued support;
(2) NASA aeronautics research should be guided by, and
consistent with, the National Aeronautics Research and Development
Policy that guides the Nation's aeronautics research and
development activities;
(3) the OSTP-led National Science and Technology Council
Aeronautics Science and Technology subcommittee remains essential
to developing and coordinating national aeronautics research and
development plans and their prioritization for funding, and that it
is also important that the plans include a focus on research,
development, test, and evaluation infrastructure plans, as well as
research and development goals and objectives; and
(4) technology research conducted by NASA as part of the larger
national aeronautics effort would help to secure, sustain, and
advance the leadership role of the United States in global
aviation.
SEC. 902. AERONAUTICS RESEARCH GOALS.
The Administrator should ensure that NASA maintains a strong
aeronautics research portfolio ranging from fundamental research
through systems research with specific research goals, including the
following:
(1) Airspace capacity.--NASA's Aeronautics Research Mission
Directorate shall address research needs of the Next Generation Air
Transportation System, including the ability of the National
Airspace System to handle up to 3 times the current travel demand
by 2025.
(2) Environmental sustainability.--The Directorate shall
consider and pursue concepts to reduce noise, emissions, and fuel
consumption while maintaining high safety standards and shall
pursue research related to alternative fuels.
(3) Aviation safety.--The Directorate shall proactively address
safety challenges with new and current air vehicles and with
operations in the Nation's current and future air transportation
system.
SEC. 903. RESEARCH COLLABORATION.
(a) Department of Defense.--The Administrator shall continue to
coordinate with the Secretary of Defense, through the National
Partnership for Aeronautics Testing, to develop and implement joint
plans for those elements of the Nation's research, development,
testing, and engineering infrastructure that are of common interest and
use.
(b) Federal Aviation Administration.--The Administrator shall
continue to coordinate with, and work closely with, the Administrator
of the Federal Aviation Administration, under the framework of the
Senior Policy Council, in development of the Next Generation Air
Transportation Program. The Administrator shall encourage the Council
to explore areas for greater collaboration, including areas where NASA
can help to accelerate the development and demonstration of NextGen
technologies.
SEC. 904. GOAL FOR AGENCY SPACE TECHNOLOGY.
It is critical that NASA maintain an Agency space technology base
that helps align mission directorate investments and supports long term
needs to complement mission-directorate funded research and support,
where appropriate, multiple users, building upon its Innovative
Partnerships Program and other partnering approaches.
SEC. 905. IMPLEMENTATION PLAN FOR AGENCY SPACE TECHNOLOGY.
Within 120 days after the date of enactment of this Act, NASA shall
submit a plan to the appropriate committees of Congress that outlines
how NASA's space technology program will meet the goal described in
section 904, including an explanation of how the plan will link to
other mission-directorate technology efforts outlined in sections 608,
801, and 802 of this Act.
SEC. 906. NATIONAL SPACE TECHNOLOGY POLICY.
(a) In General.--The President or the President's designee, in
consultation with appropriate Federal agencies, shall develop a
national policy to guide the space technology development programs of
the United States through 2020. The policy shall include national goals
for technology development and shall describe the role and
responsibilities of each Federal agency that will carry out the policy.
In developing the policy, the President or the President's designee
shall utilize external studies that have been conducted on the state of
United States technology development and have suggested policies to
ensure continued competitiveness.
(b) Content.--
(1) At a minimum, the national space technology development
policy shall describe for NASA--
(A) the priority areas of research for technology
investment;
(B) the basis on which and the process by which priorities
for ensuing fiscal years will be selected;
(C) the facilities and personnel needed to carry out the
technology development program; and
(D) the budget assumptions on which the policy is based,
which for fiscal years 2011, 2012, and 2013 shall be the
authorized level for NASA's technology program authorized by
this Act.
(2) The policy shall be based on the premise that the Federal
Government has an established interest in conducting research and
development programs that help preserve the role of the United
States as a global leader in space technologies and their
application.
(3) Considerations.--In developing the national space
technology development policy, the President or the President's
designee shall consider, and include a discussion in the report
required by subsection (c), of the following issues:
(A) The extent to which NASA should focus on long term,
high-risk research or more incremental technology development,
and the expected impact of that decision on the United States
economy.
(B) The extent to which NASA should address military and
commercial needs.
(C) How NASA will coordinate its technology program with
other Federal agencies.
(D) The extent to which NASA will conduct research in-
house, fund university research, and collaborate on industry
research and the expected impact of that mix of funding on the
supply of United States workers for industry.
(4) Consultation.--In the development of the national space
technology development policy, the President or the President's
designee shall consult widely with academic and industry experts
and with other Federal agencies. The Administrator may enter into
an arrangement with the National Academy of Sciences to help
develop the policy.
(c) Report.--
(1) Policy.--Not later than 1 year after the date of enactment
of this Act, the President shall transmit a report setting forth
national space technology policy to the appropriate committees of
Congress and to the Senate Committee on Appropriations and the
House of Representatives Committee on Appropriations.
(2) Implementation.--Not later than 60 days after the President
transmits the report required by paragraph (1) to the Congress, the
Administrator shall transmit a report to the same committees
describing how NASA will carry out the policy.
SEC. 907. COMMERCIAL REUSABLE SUBORBITAL RESEARCH PROGRAM.
(a) In general.--The report of the National Academy of Sciences,
Revitalizing NASA's Suborbital Program: Advancing Science, Driving
Innovation and Developing Workforce, found that suborbital science
missions were absolutely critical to building an aerospace workforce
capable of meeting the needs of current and future human and robotic
space exploration.
(b) Management.--The Administrator shall designate an officer or
employee of the Space Technology Program to act as the responsible
official for the Commercial Reusable Suborbital Research Program in the
Space Technology Program. The designee shall be responsible for the
development of short- and long term strategic plans for maintaining,
renewing and extending suborbital facilities and capabilities.
(c) Establishment.--The Administrator shall establish a Commercial
Reusable Suborbital Research Program within the Space Technology
Program that shall fund the development of payloads for scientific
research, technology development, and education, and shall provide
flight opportunities for those payloads to microgravity environments
and suborbital altitudes. The Commercial Reusable Suborbital Research
Program may fund engineering and integration demonstrations, proofs of
concept, or educational experiments for commercial reusable vehicle
flights. The program shall endeavor to work with NASA's Mission
Directorates to help achieve NASA's research, technology, and education
goals.
(d) Report.--The Administrator shall submit a report annually to
the appropriate committees of Congress describing progress in carrying
out the Commercial Reusable Suborbital Research program, including the
number and type of suborbital missions planned in each fiscal year.
(e) Authorization.--There are authorized to be appropriated to the
Administrator $15,000,000 for each of fiscal years 2011 through 2013 to
carry out this section.
TITLE X--EDUCATION
SEC. 1001. REPORT ON EDUCATION IMPLEMENTATION OUTCOMES.
Not later than 120 days after the date of the enactment of this
Act, the Administrator shall submit to the appropriate committees of
Congress a report on the metrics, internal and external relationships,
and resources committed by NASA to each of the following:
(1) The development of a national STEM workforce.
(2) The retention of students in STEM disciplines as reflected
by their education progression over time.
(3) The development of strategic partnerships and linkages
between STEM formal and informal education providers.
SEC. 1002. SENSE OF CONGRESS ON THE EXPERIMENTAL PROGRAM TO STIMULATE
COMPETITIVE RESEARCH.
It is the sense of Congress that--
(1) the Experimental Program to Stimulate Competitive Research
of NASA strengthens the research capabilities of jurisdictions that
historically have not participated equally in competitive aerospace
and aerospace-related research activities;
(2) the Experimental Program to Stimulate Competitive Research
of NASA has provided the American taxpayer with an excellent return
on investment;
(3) the Experimental Program to Stimulate Competitive Research
of NASA has been successful in helping to achieve broader
geographical distribution of research and development support by
improving the research infrastructure in States that historically
have received limited Federal research and development funds; and
(4) in order to continue improvement and to increase efficiency
the award of grants under the Experimental Program to Stimulate
Competitive Research of NASA should be coordinated with the award
of grants under the Experimental Program to Stimulate Competitive
Research of the National Science Foundation, the Department of
Energy, the Department of Agriculture, the Department of Defense,
the Environmental Protection Agency, and the National Institutes of
Health.
SEC. 1003. SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS COMMERCIAL
ORBITAL PLATFORM PROGRAM.
A fundamental and unique capability of NASA is in stimulating
science, technology, engineering, and mathematics education in the
United States. In ensuring maximum use of that capability, NASA shall--
(1) establish a program to annually sponsor scientific and
educational payloads developed with United States student and
educator involvement to be flown on commercially available orbital
platforms, when available and operational, with the goal of
launching at least 50 such payloads (with at least one from each of
the 50 States) to orbit on at least one mission per year;
(2) contract with providers of commercial orbital platform
services for their use by the STEM-Commercial Orbital Platform
program, preceded by the issuance of a request for proposal, not
later than 90 days after the date of enactment of this Act, to
enter into at least one funded, competitively-awarded contract for
commercial orbital platform services and make awards within 180
days after such date; and
(3) engage with United States students and educators and make
available NASA's science, engineering, payload development, and
payload operations expertise to student teams selected to
participate in the STEM-Commercial Orbital Platform program.
TITLE XI--RE-SCOPING AND REVITALIZING INSTITUTIONAL CAPABILITIES
SEC. 1101. SENSE OF CONGRESS.
It is the sense of Congress that NASA needs to re-scope, and as
appropriate, down-size, to fit current and future missions and expected
funding levels. Eighty percent of NASA's facilities are over 40 years
old. Additionally, in a number of areas NASA finds itself ``holding
onto'' facilities and capabilities scaled to another era.
SEC. 1102. INSTITUTIONAL REQUIREMENTS STUDY.
Within 1 year after the date of enactment of this Act, the
Administrator shall provide to the appropriate committees of Congress a
comprehensive study that, taking into account the long term direction
provided by this Act, carefully examines NASA's structure,
organization, and institutional assets and identifies a strategy to
evolve toward the most efficient retention, sizing, and distribution of
facilities, laboratories, test capabilities, and other infrastructure
consistent with NASA's missions and mandates. The Administrator should
pay particular attention to identifying and removing unneeded or
duplicative infrastructure. The Administrator should include in the
study a suggested reconfiguration and reinvestment strategy that would
conform the needed equipment, facilities, test equipment, and related
organizational alignment that would best meet the requirements of
missions and priorities authorized and directed by this Act. As part of
this strategy, the Administrator should include consideration and
application of the findings and recommendations of the National
Research Council report, Capabilities for the Future: An Assessment of
NASA Laboratories for Basic Research, prepared in response to section
1003 of the National Aeronautics and Space Administration Authorization
Act of 2008 (42 U.S.C. 17812).
SEC. 1103. NASA CAPABILITIES STUDY REQUIREMENT.
Upon completion of the study required by Section 1102, the
Administrator shall establish an independent panel to examine
alternative management models for NASA's workforce, centers, and
related facilities in order to improve efficiency and productivity,
while nonetheless maintaining core Federal competencies and keeping
appropriately governmental functions internal to NASA. The study shall
include a recommended implementation strategy, which shall identify any
additional legislative authorities necessary to enable implementation
of the recommended strategy, including recommended actions to provide
aid and assistance to eligible communities to mitigate adverse impacts
resulting from implementation of the proposed strategy. The
Administrator shall provide the results of this study to the
appropriate committees of Congress within 1 year after the date on
which the study is begun.
SEC. 1104. SENSE OF CONGRESS ON COMMUNITY TRANSITION SUPPORT.
The Congress recognizes and supports current executive branch
efforts to assist and provide aid to communities that are adversely
impacted by NASA program changes, contract or program cancellations, or
proposed institutional changes, so as to minimize the social and
economic impacts to those communities, workers, and businesses.
Communities eligible for such aid would be those in close proximity to
NASA mission-related centers and their component facilities located in
Alabama, California, Florida, Louisiana, Maryland, Mississippi, New
Mexico, Ohio, Texas, and Virginia which may be impacted by program
changes authorized or directed by this Act or by the implementation
strategy developed pursuant to section 1103.
SEC. 1105. WORKFORCE STABILIZATION AND CRITICAL SKILLS PRESERVATION.
Prior to receipt by the Congress of the study, recommendations, and
implementation strategy developed pursuant to section 1103, none of the
funds authorized for use under this Act may be used to transfer the
functions, missions, or activities, and associated civil service and
contractor positions, from any NASA facility without authorization by
the Congress to implement the proposed strategy. The Administrator
shall preserve the critical skills and competencies in place at NASA
centers prior to enactment of this Act in order to facilitate timely
implementation of the requirements of this Act and to minimize
disruption to the workforce. The Administrator may not implement any
reduction-in-force or other involuntary separations of permanent, non-
Senior-Executive-Service, civil servant employees before September 30,
2013, except for cause on charges of misconduct, delinquency, or
inefficiency.
TITLE XII--OTHER MATTERS
SEC. 1201. REPORT ON SPACE TRAFFIC MANAGEMENT.
The Administrator shall submit to the appropriate committees of
Congress a report on a status on the initiation of discussions with
other nations on a framework to address space traffic management
concerns, as required by section 1102 of the National Aeronautics and
Space Administration Act Authorization Act of 2008 (42 U.S.C. 17821).
SEC. 1202. NATIONAL AND INTERNATIONAL ORBITAL DEBRIS MITIGATION.
(a) Findings.--Congress makes the following findings:
(1) A national and international effort is needed to develop a
coordinated approach towards the prevention, negation, and removal
of orbital debris.
(2) The guidelines issued by the Inter-Agency Space Debris
Coordination Committee provide a consensus understanding of 10
national space agencies (including NASA) plus the European Space
Agency on the necessity of mitigating the creation of space debris
and measures for doing so. NASA's participation on the Committee
should be robust, and NASA should urge other space-relevant Federal
agencies (including the Departments of State, Defense, and
Commerce) to work to ensure that their counterpart agencies in
foreign governments are aware of these national commitments and the
importance in which the United States holds them.
(3) Key components of such an approach should include--
(A) a process for debris prevention through agreements
regarding spacecraft design, operations, and end-of-life
disposition plans to minimize orbiting vehicles or elements
which are nonfunctional;
(B) the development of a robust Space Situational Awareness
network that can identify potential collisions and provide
sufficient trajectory and orbital data to enable avoidance
maneuvers;
(C) the interagency development of an overall strategy for
review by the President, with recommendations for proposed
international collaborative efforts to address this challenge.
(b) International Discussion.--
(1) In general.--The Administrator shall, in consultation with
such other departments and agencies of the Federal Government as
the Administrator considers appropriate, continue and strengthen
discussions with the representatives of other space-faring
countries, within the Inter-Agency Space Debris Coordination
Committee and elsewhere, to deal with this orbital debris
mitigation.
(2) Interagency effort.--For purposes of carrying out this
subsection, the Director of OSTP, in coordination with the Director
of the National Security Council and using the President's Council
of Advisors on Science and Technology coordinating mechanism, shall
develop an overall strategy for review by the President, with
recommendations for proposed international collaborative efforts to
address this challenge.
SEC. 1203. REPORTS ON PROGRAM AND COST ASSESSMENT AND CONTROL
ASSESSMENT.
(a) Findings.--Congress makes the following findings:
(1) The adherence of NASA to program cost and schedule targets
and discipline across NASA programs remains a concern.
(2) The James Webb Space Telescope has exceeded its cost
estimate.
(3) In 2007 the Government Accountability Office issued a
report on NASA's high risk acquisition performance.
(4) In response, NASA prepared a corrective action plan two
years ago.
(b) Reports.--
(1) Reports required.--Not later than 90 days after the date of
the enactment of this Act, and not later than April 30 of each year
thereafter, the Administrator shall submit to the appropriate
committees of Congress a report on the implementation during the
preceding year for the corrective action plan referred to in
subsection (a)(4).
(2) Elements.--Each report under this subsection shall set
forth, for the year covered by such report, the following:
(A) A description of each NASA program that has exceeded
its cost baseline by 15 percent or more or is more than 2 years
behind its projected development schedule.
(B) For each program specified under subparagraph (A), a
plan for such decrease in scope or requirements, or other
measures, to be undertaken to control cost and schedule,
including any cost monitoring or corrective actions undertaken
pursuant to the National Aeronautics and Space Administration
Authorization Act of 2005 (Public Law 109-155), and the
amendments made by that Act.
SEC. 1204. ELIGIBILITY FOR SERVICE OF INDIVIDUAL CURRENTLY SERVING AS
ADMINISTRATOR OF NASA.
The individual serving in the position of Administrator of the
National Aeronautics and Space Administration as of the date of the
enactment of this Act comes from civilian life and is therefore
eligible to serve in such position, in conformance with section 202 of
the National Aeronautics and Space Act of 1958 (42 U.S.C. 2472(a)).
SEC. 1205. SENSE OF CONGRESS ON INDEPENDENT VERIFICATION AND VALIDATION
OF NASA SOFTWARE.
It is the sense of Congress that--
(1) safety is at the heart of every NASA mission;
(2) the Office of Safety and Mission Assurance remains vital to
assuring the safety of all NASA activities;
(3) among the most important activities of the Office of Safety
and Mission Assurance is the performance of independent safety and
mission assurance assessments and process verification reviews;
(4) as NASA embarks on a new path, independent verification and
validation of software must be of the highest priority to ensure
safety throughout all NASA programs;
(5) NASA's activities depend on software integrity to achieve
their goals and deliver a successful mission to the American
people;
(6) independent verification and validation is necessary to
ensure that safety-critical software will operate dependably and
support mission success;
(7) the creation of the Independent Verification and Validation
Facility of NASA was the direct result of recommendations made by
the National Research Council and the Report of the Presidential
Commission on the Space Shuttle Challenger Accident;
(8) the mission-critical software of NASA must operate
dependably and safely;
(9) the Independent Verification and Validation Facility of
NASA plays an important role in assuring the safety of all NASA
activities by improving methodologies for risk identification and
assessment, and providing recommendations for risk mitigation and
acceptance; and
(10) the Independent Verification and Validation Facility shall
be the sole provider of independent verification and validation
services for software created by or for NASA.
SEC. 1206. COUNTERFEIT PARTS.
(a) In General.--The Administrator shall plan, develop, and
implement a program, in coordination with other Federal agencies, to
detect, track, catalog, and reduce the number of counterfeit electronic
parts in the NASA supply chain.
(b) Requirements.--In carrying out the program, the Administrator
shall establish--
(1) counterfeit part identification training for all employees
that procure, process, distribute, and install electronic parts
that will--
(A) teach employees how to identify counterfeit parts;
(B) educate employees on procedures to follow if they
suspect a part is counterfeit;
(C) regularly update employees on new threats,
identification techniques, and reporting requirements; and
(D) integrate industry associations, manufacturers,
suppliers, and other Federal agencies, as appropriate;
(2) an internal database to track all suspected and confirmed
counterfeit electronic parts that will maintain, at a minimum--
(A) companies and individuals known and suspected of
selling counterfeit parts;
(B) parts known and suspected of being counterfeit,
including lot and date codes, part numbers, and part images;
(C) countries of origin;
(D) sources of reporting;
(E) United States Customs seizures; and
(F) Government-Industry Data Exchange Program reports and
other public or private sector database notifications; and
(3) a mechanism to report all information on suspected and
confirmed counterfeit electronic parts to law enforcement agencies,
industry associations, and other databases, and to issue bulletins
to industry on counterfeit electronic parts and related counterfeit
activity.
(c) Review of Procurement and Acquisition Policy.--
(1) In general.--In establishing the program, the Administrator
shall amend existing acquisition and procurement policy to purchase
electronic parts from trusted or approved manufacturers. To
determine trusted or approved manufacturers, the Administrator
shall establish a list, assessed and adjusted at least annually,
and create criteria for manufacturers to meet in order to be placed
onto the list.
(2) Criteria.--The criteria may include--
(A) authentication or encryption codes;
(B) embedded security markings in parts;
(C) unique, harder to copy labels and markings;
(D) identifying distinct lot and serial codes on external
packaging;
(E) radio frequency identification embedded into high-value
parts;
(F) physical destruction of all defective, damaged, and
sub-standard parts that are by-products of the manufacturing
process;
(G) testing certifications;
(H) maintenance of procedures for handling any counterfeit
parts that slip through;
(I) maintenance of secure facilities to prevent
unauthorized access to proprietary information; and
(J) maintenance of product return, buy back, and inventory
control practices that limit counterfeiting.
(d) Report to Congress.--Within one year after the date of
enactment of this Act, the Administrator shall report on the progress
of implementing this section to the appropriate committees of Congress.
SEC. 1207. INFORMATION SECURITY.
(a) Monitoring Risk.--
(1) Update on system implementation.--Not later than 120 days
after the date of enactment of this Act, and on a biennial basis
thereafter, the chief information officer of NASA, in coordination
with other national security agencies, shall provide to the
appropriate committees of Congress--
(A) an update on efforts to implement a system to provide
dynamic, comprehensive, real-time information regarding risk of
unauthorized remote, proximity, and insider use or access, for
all information infrastructure under the responsibility of the
chief information officer, and mission-related networks,
including contractor networks;
(B) an assessment of whether the system has demonstrably
and quantifiably reduced network risk compared to alternative
methods of measuring security; and
(C) an assessment of the progress that each center and
facility has made toward implementing the system.
(2) Existing assessments.--The assessments required of the
Inspector General under section 3545 of title 44, United States
Code, shall evaluate the effectiveness of the system described in
this subsection.
(b) Information Security Awareness and Education.--
(1) In general.--In consultation with the Department of
Education, other national security agencies, and other agency
directorates, the chief information officer shall institute an
information security awareness and education program for all
operators and users of NASA information infrastructure, with the
goal of reducing unauthorized remote, proximity, and insider use or
access.
(2) Program requirements.--
(A) The program shall include, at a minimum, ongoing
classified and unclassified threat-based briefings, and
automated exercises and examinations that simulate common
attack techniques.
(B) All agency employees and contractors engaged in the
operation or use of agency information infrastructure shall
participate in the program.
(C) Access to NASA information infrastructure shall only be
granted to operators and users who regularly satisfy the
requirements of the program.
(D) The chief human capital officer of NASA, in
consultation with the chief information officer, shall create a
system to reward operators and users of agency information
infrastructure for continuous high achievement in the program.
(c) Information Infrastructure Defined.--In this section, the term
``information infrastructure'' means the underlying framework that
information systems and assets rely on to process, transmit, receive,
or store information electronically, including programmable electronic
devices and communications networks and any associated hardware,
software, or data.
SEC. 1208. NATIONAL CENTER FOR HUMAN PERFORMANCE.
(a) In General.--The National Center for Human Performance is
located in Houston's Texas Medical Center which is home to 49 non-
profit and academic patient care, biomedical research, and health
educational institutions serving 6 million patients each year, and
works collaboratively with individuals and organizations, including
NASA, to advance science and research on human performance in space,
health, the military, athletics, and the arts.
(b) Designation as Institution of Excellence.--The National Center
for Human Performance is designated as an Institution of Excellence for
Human Performance dedicated to understanding and improving all aspects
of human performance.
SEC. 1209. ENHANCED-USE LEASING.
(a) Sense of the Congress.--It is the sense of the Congress that
the NASA enhanced-use leasing program is a fiscally responsible program
to further maintain the exploration-related infrastructure of our
Nation's space centers while ensuring continued private utilization of
these Federal assets, and every effort should be made to ensure
effective utilization of this program.
SEC. 1210. SENSE OF CONGRESS CONCERNING THE STENNIS SPACE CENTER.
It is the sense of the Congress that the Stennis Space Center
represents the national capability for development and certification of
liquid propulsion technologies vital to our Nation's space flight
program, and that the Federal government should fully utilize that
resource and continue to make the testing facility available for
further development of commercial aerospace capabilities.
TITLE XIII--COMPLIANCE WITH STATUTORY PAY-AS-YOU-GO ACT OF 2010
SEC. 1301. COMPLIANCE PROVISION.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the Senate Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.