[Congressional Record (Bound Edition), Volume 156 (2010), Part 12]
[House]
[Pages 17120-17139]
[From the U.S. Government Publishing Office, www.gpo.gov]




NATIONAL AERONAUTICS AND SPACE ADMINISTRATION AUTHORIZATION ACT OF 2010

  Mr. GORDON of Tennessee. Mr. Speaker, I move to suspend the rules and 
pass the bill (S. 3729) to authorize the programs of the National 
Aeronautics and Space Administration for fiscal years 2011 through 
2013, and for other purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                S. 3729

       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

[[Page 17121]]

     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.

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     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.

[[Page 17123]]

       (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,

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     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

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     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

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     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

[[Page 17127]]

     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.

[[Page 17128]]



     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

[[Page 17129]]

     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.

[[Page 17130]]



                           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

[[Page 17131]]

     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.

[[Page 17132]]

       (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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Tennessee (Mr. Gordon) and the gentleman from Texas (Mr. Hall) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Tennessee.


                             General Leave

  Mr. GORDON of Tennessee. Mr. Speaker, I ask unanimous consent that 
all Members may have 5 legislative days to revise and extend their 
remarks and to include extraneous material on S. 3729, the bill now 
under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Tennessee?
  There was no objection.
  Mr. GORDON of Tennessee. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, in his fiscal 2011 budget request, the President 
proposed a number of initiatives for NASA in the coming years, many of 
which I and my colleagues support. However, after extensive hearings 
and oversight, we reluctantly came to the conclusion that both the 
current Constellation program and the President's proposed human space 
flight plan are unexecutable under the current and projected budgets.
  For too long, the mission hasn't matched the money at NASA, and I am 
unwilling to let that practice continue. As a result, an alternative 
approach was needed that would be executable and affordable, and both 
the House and the Senate authorizing committees have spent the major 
part of this last year work on a NASA reauthorization bill. The bill 
before us today represents the results of the Senate's efforts.
  The House Science and Technology Committee marked up its version in 
late July, and we have spent the last several months in discussion with 
the Senate to come up with compromise language that would incorporate 
the best of both bills. Last week, I released bipartisan compromise 
language that reflects those discussions, as well as constructive input 
from colleagues here in the House.

                              {time}  2100

  I have a number of concerns about the Senate bill which I have 
enumerated. It has now, though, become clear that there is not time 
remaining to pass the bill incorporating the compromise language 
through the House and Senate before the start of the election recess.
  For the sake of providing a degree of certainty, stability, and 
clarity to the NASA workforce and the larger space community, I felt it 
was better to consider a flawed bill than no bill at all as the new 
fiscal year begins. Thus, despite its flaws, I will vote to suspend the 
rules and pass the Senate bill.
  However, I see today's floor consideration to be only one more step 
in crafting a substantial, affordable, and productive future path for 
NASA. To that end, I plan to continue to advocate to the appropriators 
for the provisions in the compromise language. I believe that the 
compromise language provides a solid basis for NASA's future 
activities.
  Mr. Speaker, it has been a difficult year for NASA, its workforce and 
its contractors. We are in tough economic times and sacrifices will 
have to be made. However, NASA is an investment in our future and in 
the future of our children. The United States has been a global leader 
in space exploration and technology and innovation, and our efforts 
over the remainder of the Congress should be aimed at preserving that 
leadership position.
  With that, I encourage the House to pass the suspension.
  I reserve the balance of my time.
  Mr. HALL of Texas. Mr. Speaker, I rise in support of S. 3729, the 
NASA Authorization Act, and I yield myself such time as I may require.
  Let me begin by commending the Science Committee chairman, Bart 
Gordon; Space Subcommittee chairwoman, Gabrielle Giffords; and 
subcommittee ranking member, Pete Olson, for their tireless efforts 
conducting oversight on NASA's programs and performance. During the 
111th Congress, they held 13 hearings before either the subcommittee or 
full committee that thoroughly examined NASA in all its aspects. During 
the second session especially, they helped our committee better 
understand the full impact of the administration's proposal to revamp 
our Nation's human spaceflight program.
  The bill we're about to vote on is a 3-year NASA authorization that 
was reported by the Senate in early August. In many respects, this bill 
shares features similar to H.R. 5781, introduced by Chairman Gordon and 
cosponsored by the committee's leadership. Both bills are fairly 
similar in their treatment of NASA's aeronautics research and space 
science programs, and they authorize at the same agency top-line 
number. They do, however, diverge with regard to the future of NASA's 
human spaceflight program.
  The House bill passed out of the Science and Technology Committee 
with almost unanimous bipartisan support. This was a good bill that 
keeps NASA on course to develop a new crew exploration vehicle, with 
safety a top priority. Unfortunately, this bill never made it to the 
floor for a vote. So, in the past few weeks, Chairman Gordon sought to 
reach an agreement with the Senate on a compromise bill that would 
bridge the differences. It is now clear that time has run out and that 
we have very few days remaining to advance a NASA authorization bill 
through this Congress. I see no realistic choice but to take the Senate 
bill because doing so will be preferable to taking no action at all.
  As many of you know, this administration has taken unprecedented 
steps regarding NASA that has resulted in massive layoffs and created a 
great deal of uncertainty within the agency and in many of our 
communities. Without congressional approval or authorization, they have 
reversed the direction given by the two preceding Congresses and 
proposed throwing away

[[Page 17133]]

over $10 billion and 5 years of design investment on the successor 
vehicle to the shuttle. The administration offered instead no 
substantive plans to provide a U.S.-built launch system that would be 
capable of taking astronauts to the international space station and put 
off even planning to go beyond the international space station until 
the year 2015. In short, the administration's proposal would have added 
several years of development and unknown cost before the U.S. would be 
able to fly astronauts on a new NASA launch system. We find this 
unacceptable.
  The bill before us today seeks to remedy many of the problems created 
by this administration. It authorizes the immediate development on a 
heavy lift launch vehicle capable of going beyond the ISS. It advances 
further development of commercial cargo capabilities to service the 
ISS, a development that Congress has supported since the year 2005, and 
provides $1.3 billion to begin the development of commercial crew 
systems. And through the development of a heavy lift launcher, it 
provides a backup system to the ISS in case the commercial providers or 
our international partners do not meet stated goals. One thing the 
House bill called for was a crew escape launch abort system, and we 
will need to exercise extensive oversight of NASA next year to ensure 
that such vitally important safety aspects are not overlooked or 
neglected by NASA.
  It is also important to note that the annual authorizations in this 
bill are below the amount authorized for FY 2009 in our last NASA bill. 
Given that our Nation is in a tough economic climate, it is important 
that we are mindful of our spending.
  During hearings this spring before the House Science Committee, three 
former Apollo astronauts, three giants--Neil Armstrong, Gene Cernan, 
and Tom Stafford--implored Congress to retain American leadership in 
space by maintaining continuity and certainty in NASA's role as manager 
of our space exploration programs. All three opposed the 
administration's efforts, and they are supportive of passing a bill 
that advances our Nation forward.
  While the bill before us today is far from perfect, it offers clear 
direction to an agency that is floundering and sets us on the path 
toward maintaining America's leadership in space.
  I urge a ``yes'' vote on this bill.
  I reserve the balance of my time.
  Mr. GORDON of Tennessee. I yield 2 minutes to the gentlelady from 
Houston, Texas (Ms. Jackson Lee).
  Ms. JACKSON LEE of Texas. I thank the chairman very much.
  I served 12 years on the Science Committee, and I want to add my 
appreciation to Chairman Gordon for his service to the Nation and his 
service and his hard work for providing for America's competitive edge, 
not only in space but technology. Thank you, Mr. Chairman. Thank you to 
the ranking member. Thank you to Ralph Hall for his leadership. Thank 
you to the subcommittee chair for her great leadership and friendship 
to this agency.
  I rise today, as reluctant as my friends on the floor, the chairman 
and ranking member, to support this particular bill. But I'm glad to be 
able to be here to say to the NASA family that we are saving jobs, 
10,000 potentially in the State of Florida, many others in the other 
States, and 6,000 in NASA Johnson.
  I am delighted to be able to say that this bill, the Senate bill, 
though I don't like the process, provides for immediate development to 
begin on a heavy lift launch vehicle, stops the termination of 
technical workforce and valuable contractor jobs, provides funding to 
support the development of commercial crew services, and funds 
additional technology development to lower costs of long-term space 
exploration.
  In addition, NASA Johnson will continue to provide the astronauts for 
the space station. We will be looking for the robotic research work 
that will address the question of space exploration. We'll also be 
doing the work for cargo and crew on the commercial side. And then as 
it relates to the issue of minorities, I want to ensure that as we hire 
or as we fire, if we have to, that those who are minorities who are 
last in are not the first out.
  I'm delighted to work with Senators Nelson and John Rockefeller to 
save the STEM program and the MUREP program. These cuts are 
unacceptable for the Minority University Research and Education and the 
STEM program. I'm delighted, however, that we'll be working with 
Senator Nelson and Senator Rockefeller to ensure that this program is 
included in the America COMPETES reauthorization and the funding for 
the STEM program. We have to save jobs in America but we have to stay 
at the cutting edge of science, and I believe this bill will help us 
make one step.
  Mr. Speaker, I rise today in support of S. 3729, the National 
Aeronautics and Space Administration Authorization Act of 2010. 
Although I share the concerns of some of my House colleagues regarding 
the process with which this legislation came to the House from the 
Senate, especially those colleagues I served with on the House Science 
Committee for 12 years, I nevertheless do support this compromise 
legislation as the best way forward to strengthen NASA for the present 
and the future. I also believe this legislation will protect American 
jobs, drive innovation, and ensure that our Nation's youth are 
encouraged to pursue careers in science, exploration, engineering, 
technology, and math.
  Despite my concerns about the Administration's proposal to eliminate 
NASA's Constellation Program, I have concluded that we need to have 
this NASA reauthorization legislation in place to avoid a complete 
dismantling of the manned space program. Although I advocated strongly 
for preserving the Constellation program, it is important to adopt this 
compromise in order to save more than 6,000 jobs in Texas and 10,000 in 
Florida, which would be in jeopardy without this legislation. This 
legislation will speed development of the heavy lift rocket crucial for 
reaching beyond low-Earth orbit and essential to keeping Houston's 
Johnson Space Center at the heart of future manned space operations. 
This compromise would also help bolster small contractors in the 
greater Houston area who serve as sub-contractors for the major 
aerospace firms involved in NASA contracts.
  I have also had extensive discussions with Administrator Bolden who 
has communicated NASA's intention to work with the Congress to make the 
transition of the Constellation program smooth and effective. NASA and 
the space industry are critical to Houston's economic success in both 
the short and long term. According to the Bay Area Houston Economic 
Partnership, NASA accounts for nearly 16,800 direct federal jobs and 
serves as the engine for another 3,100 civilian jobs that together 
supply more than $2.5 billion in payroll into Houston's regional 
economy. Protecting the Johnson Space Center is of paramount concern to 
me, and I will continue to advocate on its behalf.
  This bill will authorize NASA appropriations for FY 2011-2013 with 
the same top-line budget values as the President's request to Congress. 
The bill would grow science, aeronautics, and space technology and 
define expanding human presence in space as the goal for human space 
flight beyond low-Earth orbit. Key objectives for human space flight 
would include full utilization of the International Space Station 
(ISS), maximizing the role of space exploration and technology in 
current and future missions, advancing knowledge and inspiring young 
people into higher education, and building upon international 
partnerships.
  Initially, I was concerned that the Senate version of the NASA 
Authorization Act could have led to cuts in funding for the Minority 
University Research and Education (MUREP) and STEM programs. This is 
because the legislation increased funding for the NASA Space Grant and 
the Experimental Program to Stimulate Competitive Research (EPSCOR) 
while keeping the topline authorization for education fixed, which 
could have led to other education programs such as MUREP and STEM being 
cut to provide for necessary offsets.
  However, I have worked with Senator John Rockefeller, Chairman of the 
U.S. Senate Committee on Commerce, Science, and Transportation, Senator 
Bill Nelson, Chairman of the Subcommittee on Science and Space, and 
NASA Administrator Charles Bolden to ensure that funding for MUREP and 
STEM will be protected. The Senate is including language in the NASA 
title of the America COMPETES Reauthorization ensuring that funding for 
STEM programs are preserved and protected. Furthermore, Chairman Nelson 
has agreed to work with the Senate Appropriations Committee to ensure 
funding for MUREP is continued at existing levels. Administrator Bolden 
has also assured me that they will

[[Page 17134]]

continue their active support of not just MUREP and STEM programs, but 
also continue their existing efforts to increase the participation of 
minority serving institutions in the NASA Space Grant and College 
Fellowship Program as well as the Experimental Program to Stimulate 
Competitive Research. These agreements are crucial to ensuring that 
minority serving institutions and minority students are an integral 
part to NASA's future.
  The United States space program has existed for over half a century 
and this legislation reaffirms the ever growing and changing role of 
NASA, providing resources to carry the agency forward with its 
ambitious agenda of research, exploration, and discovery. Mr. Speaker, 
today's legislation will allow NASA to continue to push the boundaries 
of what is possible, keeping our Nation on the forefront of innovation 
and exploration. It is the responsibility of this Congress to ensure 
that the future of NASA is one of continued progress. Space exploration 
remains a part of our national destiny. It inspires our children to 
look to the stars and dream of what they too, one day, may achieve. 
Space exploration allows us to push the bounds of our scientific 
knowledge, as we carry out research projects not possible within the 
constraints of the planet Earth.
  Today, NASA is the nations' primary civil space and aeronautics 
research and development agency, and its current activities employ over 
18,000 Americans. Today's legislation emphasizes the importance of NASA 
leadership in a range of endeavors by investing more in NASA; extending 
the life of the international space station; launches a commercial 
space transportation industry; fosters the development of path-breaking 
technologies; helps create thousands of new jobs; and embarks on a 
fundamentally more ambitious strategy to expand our frontiers in space. 
Passage of this bill represents an important step forward towards 
helping NASA achieve key goals that President Obama has laid out, such 
as placing the U.S. space program on a more sustainable trajectory and 
inspiring a new generation of Americans to pursue careers in science, 
technology, engineering, and mathematics. This important change in 
direction will not only help NASA chart a new path in space, but also 
reshape itself for the industries and jobs of the future that will be 
vital for long term economic growth.
  As a Nation, we have made tremendous strides forward in the pursuit 
of space exploration since President John F. Kennedy set the course for 
our nation when on May 25, 1961, President John F. Kennedy proclaimed: 
``I believe this Nation should commit itself to achieving the goal, 
before this decade is out, of landing a man on the moon and returning 
him safely to earth. No single space project in this period will be 
more impressive to mankind, or more important for the long-range 
exploration of space; and none will be so difficult or expensive to 
accomplish.'' Over the next 50 years, NASA has been involved in many 
defining events which have shaped the course of human history and 
demonstrated to the world the character of the people of the United 
States.
  The success of the United States space exploration program in the 
20th Century augurs well for its continued leadership in the 21st 
Century. This success is largely attributable to the remarkable and 
indispensable partnership between the National Aeronautics and Space 
Administration and its 10 space and research centers. One of these 
important research centers is located in my home city of Houston. The 
Johnson Space Center, which manages the development, testing, 
production, and delivery of all United States human spacecraft and all 
human spacecraft-related functions, is one of the crown jewels of the 
Houston area.
  Always on the forefront of technological innovation, NASA has been 
home to countless ``firsts'' in the field of space exploration. America 
has, countless times, proven itself to be a leader in innovation, and 
many technologies that have become part of our everyday lives were 
developed by NASA scientists. The benefits of NASA's programming and 
innovation are felt far beyond scientific and academic spheres. Space 
technologies provide practical, tangible benefits to society, and NASA 
provides valuable opportunities to businesses in our community.
  I urge my colleagues to join me in support of this legislation, and 
in support of the future of American innovation, exploration, and jobs.
  Mr. HALL of Texas. Mr. Speaker, I yield 5 minutes to the gentleman 
from Texas, Congressman Olson, who is the ranking member on the Space 
Subcommittee.
  Mr. OLSON. I thank my esteemed colleague from Texas.
  Mr. Speaker, as we take on great endeavors, it's important to have a 
workable plan and to stick to it. Not doing so leads us to uncertainty, 
like the uncertainty that has gripped NASA for most of this year. 
Nowhere have I felt and seen the effects of this uncertainty more than 
when I'm home talking to the men and women of the Johnson Space Center. 
It's been especially difficult for these men and women and their 
families because their lives and careers have been centered on 
uncertainty. They wanted to be part of America's space program, and how 
do we reward that commitment? By providing insufficient funds, 
constantly changing goals, and second-guessing the past instead of 
embracing a clear path to the future.

                              {time}  2110

  Meanwhile, thousands of workers have watched, waited, and most of 
all, safely worked throughout the seemingly difficult ups and downs.
  The low point in this debate came in February with the release of the 
President's budget for NASA. In NASA's history of bold adventures, this 
was one of the boldest. Unfortunately, not in a manner that the agency 
is used to. The proposal neglected to build on our past, discarded work 
of the present, and lacked a vision for our future. The plan was so 
bad, so misguided that it did something unheard of in Washington, D.C.: 
It united Congress in opposition.
  And along these lines, I would like to thank Chairman Gordon and 
Ranking Member Hall for the partnership we have forged through these 
past several months. It has been an honor to work with each of you.
  Our partnership has produced a great piece of legislation, our NASA 
authorization bill which passed out of the Science and Technology 
Committee in July. I believed then, and frankly believe now, that our 
bill was the right approach to sustain a robust exploration program. 
But we are running out of time. Let's send a message as a unified 
Congress that the proposal the administration submitted in February is 
not the direction our country is going to go.
  If we fail to pass an authorization bill, we will witness the 
continued dismantling of America's human spaceflight infrastructure 
with no guarantee that it will be replaced. We will lose our most 
precious asset, our people.
  This bill contains critical elements for the future: Funding for the 
Orion crew capsule; the ability to fly the ``launch on need'' flight of 
the space shuttle; extending the international space station through at 
least 2020; and a robust technology development program. We also agree 
with our Senate colleagues that NASA should focus on the immediate 
development of a heavy lift launch vehicle. Our future in space is not, 
not in low Earth orbit. We have to go beyond. A heavy lift vehicle will 
enable us to achieve the true mission of the agency--to explore.
  This bill reaffirms what earlier Congresses have supported, 
particularly an increased role for commercial providers to fly cargo 
and eventually crew to the international space station. I will be 
vigilant in working with my colleagues, the agency, and those in the 
private sector who will conduct these cargo and crew flights. We need 
them to succeed, but we need to develop standard practices and an 
understanding of how a fundamentally different way of doing business 
will work. It is just another challenge for NASA, and one I know they 
will meet.
  I grew up in Clear Lake, Texas, where the men and women who walked on 
the Moon, those people, and the people who got them there and back 
weren't just my heroes. They were my neighbors. I saw a community and a 
Nation unite around a grand goal and accomplish it. Today we take a 
step towards restoring the goals worthy of a great Nation. And in doing 
so, we are saying to the men and women of NASA currently and those to 
come that this Nation still chooses to explore. I ask my colleagues to 
support S. 3729.
  Mr. GORDON of Tennessee. Mr. Speaker, I yield 1 minute to the 
gentleman from Florida (Mr. Meek).
  Mr. MEEK of Florida. Thank you, Mr. Chairman.
  I strongly urge all of my colleagues here in a bipartisan way to 
support the

[[Page 17135]]

NASA Authorization Act of 2010. As the chairman mentioned, there are 
issues in this authorization bill that could be better. But I can tell 
you right now, there are a number of individuals that are involved in 
the space industry and also those hardworking men and women that are 
working as subcontractors and are looking for some direction from this 
Congress.
  I want to commend Senator Nelson of Florida for being a leader, 
taking the very best of the administration's proposal and putting it in 
to work so that we can pass it in time to promote not only commercial 
and crew cargo as it relates to space exploration but also save the 
Kennedy Space Center and other NASA assets throughout the country. I 
think it's important. This makes our country very strong. And if not 
now, then when? I stand, Mr. Chairman, in full support of this bill. I 
ask all of my colleagues on both sides of the aisle to join me in 
making sure that we pass this very important authorization bill. 
Americans are counting on our leadership.
  Mr. HALL of Texas. Mr. Speaker, I yield 2 minutes to the gentleman 
from California, the Honorable Mr. Rohrabacher, a very valuable member 
of the Science Committee.
  Mr. ROHRABACHER. I rise in support of S. 3729. The NASA authorization 
before us is a step in the right direction. It provides for an initial 
shift in human spaceflight from being an exclusive endeavor run by and 
controlled by bureaucrats or other government employees and moves us 
toward entrepreneurial, cost-effective, and commercial-based 
alternatives.
  This legislation stimulates efforts within the private sector to 
develop and demonstrate safe, reliable, less costly, and more capable 
space transportation to and from low-Earth orbit. At the same time, it 
enables NASA to focus on Discovery and sending humans to explore the 
far reaches of the space frontier, and this bill increases NASA 
research and technology development. It should be viewed as enabling 
legislation because it will enable America in the decades ahead to be 
the world's leading space faring nation. To achieve this, NASA must not 
just be a government program but also a catalyst for scientific 
research, technological development, and the exploration of the solar 
system and the universe beyond.
  Finally, I would like to take this opportunity to express my 
appreciation and, of course, my admiration for Ranking Member Ralph 
Hall and, yes, for the great leadership that we have seen in this 
endeavor by Chairman Bart Gordon. This bill is a workable compromise 
for those of us in the committee who had different views on what 
direction America's space program should go. This compromise does 
justice to the various opinions from people who are involved in this 
policy debate. Of course this is the type of fairness that Chairman 
Gordon is known for, and thus we have been able to get together and to 
put forth a piece of legislation that is the best possible legislation 
that we could have actually enacted. That is due to the leadership of 
Chairman Gordon, and we thank him for his long career of leadership of 
this kind.
  Mr. GORDON of Tennessee. Mr. Speaker, I thank my friend from 
California. I yield 2 minutes to the gentleman from Houston, Texas (Mr. 
Gene Green).
  Mr. GENE GREEN of Texas. Mr. Speaker, like my colleagues, both 
Republican and Democrat, I oppose the President's budget for NASA. And 
I thank Chairman Gordon and Ranking Member Hall and the whole Science 
Committee for their hard work to provide a way for NASA to do their job 
in space exploration.
  Today the House has a profound choice, and the stakes are high for 
American-led spaceflight. The House will be voting on the Senate 
version of the NASA reauthorization act. This bill, while unperfect, is 
critical to the future of our Nation's spaceflight and exploration 
program and will greatly benefit our scientific research and 
development capabilities.
  We share the concerns of some of you who are worried about certain 
provisions in this legislation, but I am pleased that this moves NASA 
in the correct direction. This is a good bill and could be stronger but 
is still a success for those of us who support NASA and understand what 
it means for our country, our economy, our national security, and our 
ability to maintain our edge in science and technology research and 
development. Simply said, if this bill fails today, it will profoundly 
undermine our space program. I urge all Members to pass this bill and 
commit to working with us and others interested in the future of NASA 
to improve this bill in significant ways down the road. If we fail to 
pass the bill, not only do we lose that opportunity, but we may lose 
the opportunity to keep NASA.

                              {time}  2120

  Mr. HALL of Texas. Mr. Speaker, I yield 1 minute to the gentleman 
from Louisiana (Mr. Scalise).
  Mr. SCALISE. Mr. Speaker, I rise in support of the NASA 
reauthorization bill. Too often people use the term: You know, this 
isn't rocket science. Well, in my State of Louisiana, we have got the 
Michoud assembly facility, and they do rocket science. And right now 
there is tremendous uncertainty over the future of NASA because of the 
President's budget, and the fact that it actually cedes responsibility 
and our superiority in space exploration. We can't sit by and let that 
happen.
  With this legislation tonight, we can actually present a clear future 
for NASA that involves heavy lift, that involves maintaining the United 
States of America's superiority in the space exploration program. And I 
don't think any of us can sit by and allow a country like Russia to 
take that superiority lead that we currently have today. And if we 
don't take action, that is exactly what will happen.
  We need to make sure that we not only preserve those jobs that are so 
important, but that we also preserve that technological superiority 
that America enjoys today and America needs to enjoy in space 
exploration for the future. And we can do that tonight with this vote.
  Mr. GORDON of Tennessee. Mr. Speaker, I yield 2 minutes to the 
gentlewoman from Texas (Ms. Eddie Bernice Johnson), a valued member of 
the Science and Technology Committee.
  Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Speaker, let me thank our 
committee chair and ranking member for handling this bill, and thank 
all the staff who put it together and support it.
  I rise to support Senate bill 3729, the National Aeronautics and 
Space Administration Authorization Act of 2010.
  Forty years ago, the United States Apollo program put the first human 
on the Moon. Children across the United States watched Neil Armstrong, 
an American, speak the words, ``That's one small step for man, one 
giant leap for mankind.'' After that moment, there was an outpouring of 
interest in science. Children dreamed that one day they too could be 
the next man or woman on the Moon.
  I would like to see increased investments in these, particularly in 
the Minority University Education Research programs, which have been 
highly successful. But sometimes we can't get all that we want. This is 
that time. But we can continue without stopping.
  And now is not the time for us to cede leadership to our 
international competitors. The research has been the most successful 
research in the history of our country for both commercial products and 
medical treatment.
  I believe that NASA has a unique ability to touch the imagination of 
children like no other Federal agency. When money is short, however, we 
must adjust, not stop.
  A robust NASA budget should contain concerted efforts toward 
inspiring our Nation's future scientists and engineers. A strong NASA 
is valuable to the national and Texas economies. Recent census data 
indicates that Texas ranks first in high-tech manufacturing and certain 
engineering industries. Space flight, aeronautics, and scientific 
research and education are top priorities for Texas.
  NASA also conducts important educational programs.

[[Page 17136]]

  The SPEAKER pro tempore. The time of the gentlewoman has expired.
  Mr. GORDON of Tennessee. I yield the gentlewoman 30 more seconds.
  Ms. EDDIE BERNICE JOHNSON of Texas. NASA should be congratulated for 
the great research it has supported and the fearless missions carried 
out by its astronauts, scientists, and engineers. I support the agency 
and am interested to know how Congress can continue to partner with it 
for the benefit of the American people.
  We cannot let America cede its leadership in human space flight. We 
need a strong NASA, and NASA needs an authorization bill. I strongly 
encourage my colleagues to support this legislation.
  Mr. HALL of Texas. Mr. Speaker, I yield 3 minutes to the gentleman 
from Texas (Mr. Culberson).
  Mr. CULBERSON. Mr. Speaker, I think it is appropriate here in late 
September that we are discussing the future of America's manned space 
program, because it was in late September that America's first 
explorers, Lewis and Clark, returned from their incredible expedition 
to have seen the Pacific Ocean to find that overland route. And when 
they returned from that totally unknown country, they lit up the 
country, and something that America has always been built on, dreams 
and thinking big. It has always been a part of our spirit, our nature 
to explore the unknown. And NASA, more than any other function of the 
Federal Government, has the ability to inspire people, to encourage 
young people to go become scientists and engineers and astronauts.
  In fact, today, Mr. Speaker, it was just reported by scientists at 
the University of California that they have discovered what appears to 
be an Earth-like planet with water in the habitable zone of a star only 
20 light years away. But if we do not act, if we do not pass this NASA 
authorization bill tonight, the Obama administration will succeed in 
shutting down America's manned space program by the end of the year. 
And let me make it clear: that is what is really going on here, why all 
of us are working together, arm in arm, to save America's manned space 
program from being shut down by the Obama administration and the 
bureaucrats at NASA.
  I asked Administrator Bolden in our subcommittee, Isn't what you are 
proposing, to totally privatize NASA? And we are all for partial 
privatization to supply fuel, food, et cetera. But to totally privatize 
NASA, Mr. Bolden, isn't that like privatizing the Navy?
  Imagine if we were to allow the contractor that built a nuclear 
submarine or an aircraft carrier: Excuse me, may we please rent the 
aircraft carrier so that we can go to the Persian Gulf and defend 
America's interests?
  What the Obama administration has proposed, and why Congress is 
passing this bill tonight, is to stop the administration from shutting 
down America's civilian space program, to ensure that we will always 
maintain the ability to build rockets in the civilian workforce, which 
keeps the cost of rockets for the military considerably less; to 
preserve our leadership role in outer space, to maintain that 
technological and, frankly, spiritual edge America has always had to 
make dreams come true, to think about the exploration of the unknown.
  NASA is the one entity that can combine the best of Americans, what 
makes us great as a Nation, inspiring young people, allowing, making 
dreams come true, exploring the unknown with very tangible 
technological spinoffs.
  If we don't pass this bill tonight, by the end of this year there 
will be no more manned space program because the Obama administration 
is systematically and aggressively shutting it down.
  We all have some disagreement with this bill; we would like to see a 
little different bill.
  I thank Chairman Gordon and Mr. Hall, for bringing it to the floor. 
All of us working together to get it passed tonight will ensure that 
America preserves our manned space flight capability, the ability to 
build rockets with a tremendous civilian workforce of engineers and 
scientists who will all be gone. They will just lose their job, and we 
will lose that tremendous edge we have had as a Nation to build rockets 
and explore outer space.
  Mr. Speaker, I urge all Members to support this vital legislation.
  Mr. GORDON of Tennessee. Mr. Speaker, I yield 2 minutes to the 
gentlewoman from Florida (Ms. Kosmas).
  Ms. KOSMAS. Mr. Speaker, I also would like to thank the chairman and 
the ranking member for their leadership on this issue.
  Mr. Speaker, tonight we consider legislation of great importance to 
Florida's Space Coast and to our Nation, the NASA Authorization Act.
  I want to echo the sentiments of my colleagues who have suggested 
that the uncertainty surrounding NASA and our manned space exploration 
has caused a great deal of anguish and difficult times for my 
constituents, literally thousands of individuals, families and 
businesses.
  This legislation will define NASA's future by building on its past. 
The legislation mandates one additional shuttle flight next year, which 
will provide additional job stability for thousands of workers and 
ensure the long-term viability of the international space station, a 
national laboratory, 200 miles above our heads, only now complete after 
10 years of construction, which has endless research and education 
possibilities.
  The bill also directs the development of new NASA-led heavy lift 
vehicles utilizing shuttle and constellation work, which will make our 
astronauts have the opportunity for even greater exploration to 
asteroids and eventually to Mars sooner than the current program. This 
exploration mission will drive technological innovation as we strive to 
address its challenges, as well as to inspire our students to become 
engineers and astronauts. And the bill provides funding to update the 
infrastructure at Kennedy Space Center so it will truly be America's 
21st-century gateway to space.
  Finally, the authorization bill seeds the commercial spaceflight 
industry, which includes new entrepreneurial small businesses, along 
with the giants of aerospace and decades of experience sending our 
astronauts and cargo into space.

                              {time}  2130

  This will provide new job opportunities for our skilled workforce and 
options for researchers and tourists to experience spaceflight.
  On Friday in my district, about 900 workers will lose their jobs as 
the shuttle program begins to wind down. We must do everything that we 
can possibly do to preserve this unique workforce, as was referred to 
by my colleague earlier.
  We cannot afford to lose our technological supremacy because we have 
failed to act. Failure is not an option. Please vote ``yes'' on the 
bill.
  Mr. HALL of Texas. Mr. Speaker, I reserve the balance of my time.
  Mr. GORDON of Tennessee. Mr. Speaker, I yield 7 minutes to the chair 
of the Space and Aviation Subcommittee, the gentlelady from Arizona 
(Ms. Giffords), who has had, very conscientiously, 17 or 18 
subcommittee meetings on this subject.
  Ms. GIFFORDS. Mr. Speaker, first of all, I would like to recognize 
Chairman Gordon for his outstanding leadership chairing our full 
committee. We are going to miss you, Mr. Chairman. It has been an 
outstanding experience for me the last couple of terms. And as well, to 
Ranking Member Hall and Ranking Member Olson for their leadership.
  Mr. Speaker, I rise today in strong opposition to S. 3729, the 
Senate's NASA authorization bill.
  As chair of the House Space and Aeronautics Subcommittee, and along 
with the other members of the subcommittee and full committee, we care 
deeply about the future of NASA and the future of our Nation's civil 
space program. NASA defines us as a Nation, who we are--our defense, 
our innovation, our inspiration, our ability to explore. We care deeply 
about the role that Congress needs to play to ensure that NASA will 
embark on an executable and a sustainable path for the future.
  In contrast to supporters of the Senate bill who will say that today 
they

[[Page 17137]]

reluctantly support the Senate bill because it is better than doing 
nothing, I have no reluctance in telling you that this is a bad bill. 
It will do damage to NASA if enacted, and it should be voted down 
tonight.
  Now, I know that Members have a lot of different issues on their 
minds today. Certainly most Members didn't even know that a NASA 
authorization bill was coming up for a vote today. So for Members who 
are making up their minds on whether to support this bill today, I 
would like to offer a couple of reasons why you should oppose it.
  If you are a member of the Blue Dog Coalition or a member of the 
Republican Study Committee, you should oppose this bill because it 
lacks serious budgetary discipline. To be specific, the bill contains 
an unfunded mandate to keep the shuttle program going through all of 
fiscal year 2011, even after the shuttle is retired, which, by NASA 
estimates, will cost NASA more than one-half billion dollars for 2011, 
and it doesn't have that money. It will bust the budget for the shuttle 
and jeopardize NASA's other important science, aeronautics, and 
technology programs.
  It also contains a rocket designed not by our best engineers but by 
our colleagues over on the Senate side. By NASA's own internal 
analysis, they estimate this rocket will cost billions more than the 
Senate provides.
  And, finally, if you are a Blue Dog or a member of the Republican 
Study Committee, or any Member of Congress, you should strenuously 
oppose a $58 billion funding bill that is being brought up on the last 
day before adjourning with no House input on its creation and no 
opportunity for amendment by Members of the House. This is not the 
functioning bicameral legislature that our Founding Fathers fought to 
create.
  Next, if you are a Member who cares deeply about STEM education or 
minority education programs, you need to know that this bill is written 
in a certain way that NASA's STEM education programs and Minority 
University Research and Education programs will be cut in excess of 30 
percent.
  What does this mean? Well, it means if you represent a Historically 
Black College or University or Hispanic-serving institution, a tribal 
college, this sort of institution, you will be affected by these cuts.
  In addition, if you care about the future of NASA's human spaceflight 
program, you should oppose this bill. As I mentioned earlier, this bill 
contains provisions that will force NASA to build a rocket designed by 
Senators and not by engineers. Contrary to assertions that this bill's 
supporters talk about, this rocket will be too large to economically 
serve as a backup commercial crew transport to the space station. It 
may also prove to be too small to effectively undertake human missions 
beyond low-Earth orbit. Not only do NASA's own internal studies 
indicate that it will cost significantly more than the Senate is 
budgeting, but they also estimate that it will become operational years 
later than the Senate plan assumes.
  So we are looking at this gap and, in short, the Senate bill forces 
NASA to build a rocket that doesn't meet its needs, with a budget that 
is not adequate to do the job, and on a schedule that NASA's own 
analyses says is unrealistic. That is not my idea of the executable and 
sustainable human spaceflight program that we all desire.
  And, finally, if you care about corporate responsibility, if you care 
about safety, and if you want to prevent us from being in the position 
a few years down the road of having to choose between sending more 
money to Russia or bailing out the would-be commercial crew and cargo 
providers who fail to perform in budget and on schedule, you should 
oppose this Senate NASA bill. The Senate bill gives an additional $1.6 
billion to would-be commercial cargo and crew transport companies who 
have yet to demonstrate that they can do either. There is no obligation 
that these commercial companies put any ``skin in the game'' of their 
own, and the safety requirements on their rockets are vague at best.
  Since the Senate bill provides no credible government backup 
capability to the would-be commercial providers, approving the Senate 
bill today would inevitably put NASA in the position of relying on 
these companies that will become too big to fail. The American 
taxpayers will then have to bear the responsibility and the burden of 
bad public policy if we vote on this bill tonight. I think that the 
public deserves better.
  Now, I know that in the Senate there is a lot of debate, and some 
Members will fall back on the argument that they have to approve this 
tonight before the end of the fiscal year because the contractors are 
facing layoffs. And no one has more sympathy than members of our 
subcommittee about the workforce, but the reality is different. It is 
different than the rhetoric.
  Aerospace jobs are tied to funding, and funding for NASA for the 
balance of this calendar year will be set by the continuing resolution 
that we will be voting on tonight, not this authorization bill. Funding 
for the remainder of fiscal year 2011 will be determined by the 
appropriations bill that we enact after we return for a lame duck 
session, not by this authorization.
  The bill before us today cannot change the fact that the funding 
level for NASA's workforce, and any layoff that will result from that 
funding level, will be the result of the continuing resolution and 
subsequent appropriation bills and not this authorization. So Members 
should not be fooled by this red herring argument. The truth is that 
you will not be doing anything to stop layoffs tonight by voting for 
the Senate bill today.
  Does the aerospace industry need certainty? Absolutely. But they need 
certainty in an executable and affordable program that the Senate bill 
does not provide.
  Could the problems with the Senate bill be fixed? Of course they 
could. But that is what the legislative process is about, not under 
suspension of the rules with no amendments allowed.
  The fact of the matter is that there was a compromise NASA 
Authorization Act of 2010 that Science and Technology Chairman Bart 
Gordon proposed and is the direct result of lengthy discussions with 
the Senate and the House Members. Of course, that isn't perfect, and no 
bill is, but flaws can be fixed by discussion between the Chambers. But 
if you vote tonight positively on this Senate bill, the democratic 
process that has been the cornerstone of our democracy will be 
undermined and that will not occur.
  So let's take the time to get this job done, and done the right way. 
Let's vote down the Senate bill tonight so we can work with Chairman 
Gordon, Ranking Member Hall, and the Senate on a compromise bill so 
that we can have a responsible NASA bill that can be acted upon when we 
return for the lame duck session.
  In closing, if you care about budgetary discipline, protecting STEM 
education, minority education programs, if you care about NASA's human 
spaceflight program, you should vote ``no'' on the Senate authorization 
bill.
  Mr. HALL of Texas. Mr. Speaker, I yield 1 minute to the gentleman 
from Texas (Mr. Culberson).
  Mr. CULBERSON. Mr. Speaker, if I could just very briefly point out to 
remind the Members and the people here that if we don't pass this bill 
tonight, there is no more manned space program.
  The administration is pursuing a policy of aggressively and rapidly 
shutting down America's manned space program by bureaucratic order, by 
Executive order. It is all being done right now as we speak. If we 
don't pass this bill, there will not be another one by the end of the 
year, and by the end of the year there will be no more manned space 
program.
  So any differences or concerns we have with this bill--and we all 
have concerns with it--can be fixed next year in the process. But it is 
essential to supersede by Federal statute, which we will pass tonight, 
and we will stop the Obama administration cold. We will stop them from 
shutting down America's manned space program so we have a program for 
our kids in the future.
  Ms. JACKSON LEE of Texas. Will the gentleman yield?

[[Page 17138]]


  Mr. CULBERSON. I yield to the gentlewoman from Texas.
  Ms. JACKSON LEE of Texas. Minority institutions and the STEM program 
are also to be protected, as we come back and we are able to work with 
the appropriations process and work with the Senate on protecting these 
programs that are very important to Historically Black Colleges.
  Mr. CULBERSON. Absolutely. All the concerns that have been raised can 
all be solved through the legislative process and appropriations. We 
will take care of them.

                              {time}  2140

  Mr. GORDON of Tennessee. Mr. Speaker, I yield the balance of my time 
to the gentleman from California (Mr. Schiff).
  The SPEAKER pro tempore. The gentleman is recognized for 1 minute.
  Mr. SCHIFF. Mr. Speaker, I rise in support of the NASA Authorization 
Act to provide direction and stability for our Nation's space program. 
Tens of thousands of aerospace workers in communities across the 
country are looking to Congress to set a sustainable path for human 
spaceflight that will minimize the spaceflight gap and ensure that NASA 
is able to accomplish its mission of human exploration into the solar 
system.
  This bill fully funds NASA's science mission to continue Earth-
observing satellites, Mars rovers, space telescopes and other missions 
that provide valuable insight into our planet, our solar system and our 
universe.
  It also revitalizes NASA's dormant Technology Development Program, 
which will provide the tools needed to push human and robotic 
exploration to new heights and destinations. It authorizes an evolvable 
NASA launch vehicle. It also provides for an additional shuttle flight 
in bringing vital tools and supplies to the space station.
  I want to express my sincere appreciation to our chairman for his 
extraordinary leadership for many years and his unwavering support of 
NASA, and urge my colleagues to support the bill.
  Mr. HALL of Texas. I yield 1 minute to the gentleman from Houston, 
Texas (Mr. Al Green).
  Mr. AL GREEN of Texas. Mr. Speaker, I thank Mr. Hall, the ranking 
member on the Science Committee, for allowing me this 1 minute. I also 
would like to thank the chairperson, Mr. Gordon, for his outstanding 
years of service and commitment.
  This bill is about science, it is about technology, it is about 
education, but it is also about jobs, and it is about jobs at a time of 
high unemployment. It is about jobs and families that will benefit from 
having stability within the family unit.
  I concede that there is more that I would like to see in the bill, 
but I am in a position where I must now stand for what is obtainable, 
and we need to go after the jobs in this bill.
  I am begging my colleagues to please understand that in this time of 
high unemployment, let's keep Americans working. Let's make sure that 
every family has an opportunity to have a breadwinner. Let's vote for 
this bill, and let's improve upon it with other legislation that may 
follow.
  Mr. HALL of Texas. Mr. Speaker, I yield 1 minute to the gentleman 
from Florida (Mr. Posey).
  Mr. POSEY. Mr. Speaker, certainly no one in this Chamber wants to 
yield the military high ground to countries that are not friendly to 
us, and without the passage of this legislation, unfortunately, we will 
do that.
  The legislation before us asks NASA to do too much with too little. 
There is something in here for everybody to hate, sure enough, but 
there is no other alternative. If we at least pass this legislation, we 
will keep the dream alive through the first of the year, and hopefully 
through the appropriations process we can move this country back on the 
right path to maintaining the economic and national militaristic 
security that is necessary for this generation and for future 
generations to prosper.
  Mr. HALL of Texas. Mr. Speaker, I yield myself such time as I have.
  Mr. Speaker, with my appreciation to Ms. Giffords and the chairman 
and everybody here that has spoken, I just want to sum it up real 
quickly.
  The Senate bill being considered today is an attempt to provide 
congressional direction to a floundering agency. We simply can't let 
anybody continue to shut down our human spaceflight program.
  Failure to reauthorize NASA provides further uncertainty to an agency 
in limbo, stalling efforts to develop a successor vehicle once the 
shuttle is retired next year, and could result in the loss of thousands 
of high-tech jobs nationwide.
  I could vote for either of these bills. I am not in love with either 
of these bills. I feel like the coach's wife who was crying. He came 
home. He said, ``What's wrong, honey?'' She said, ``You like football 
better than you do me.'' And he said, ``Yeah, but I like you better 
than I do basketball.''
  I am that way with these two programs. I like both of them, either 
one of them. But we have to have one go, and I urge the acceptance of 
this bill today and passage of S. 3729.
  Mr. KUCINICH. Mr. Speaker, I rise in opposition to the National 
Aeronautics and Space Administration (NASA) Authorization Act of 2010. 
As a stalwart supporter of NASA and with the privilege of representing 
the world-class workers at the NASA Glenn Research Center (NASA Glenn), 
I strongly support the vital workforce protections included in the 
Senate bill. My opposition to this legislation stems from my concern 
for the NASA's long-term health. I am concerned that the language in 
the underlying bill sends the agency on a path toward privatization, 
and privatization undermines the agency and its workers.
  I unequivocally support language in the underlying bill that provides 
NASA's unparalleled civil-servants with three years of protection from 
layoffs under a Reductions-In-Force (RIF) moratorium. For years, NASA 
employees have been caught in the cross-hairs of repeated program 
reorganizations and major cuts in in-house R&D funding--and they have 
paid for it with job loss and insecurity. The compromise language 
proposed by Chairman Gordon does not have the RIF moratorium I wanted. 
But it does include a RIF moratorium for a year and a half. Chairman 
Gordon was making progress toward a viable alternative and I believe 
that provisions in this bill under consideration today leave NASA 
employees vulnerable in the long-term and could force the agency to 
continue down the unsustainable path it currently finds itself on.
  NASA research centers such as NASA Glenn--and the agency as a whole--
will benefit more from increased investments in Solar-Electric 
Propulsion, High Efficiency Space Power Systems, Green Aviation and 
Cryogenic Propellant Storage and Transfer within the Aeronautics, Space 
Technology and Exploration programs. These programs are critical in the 
development of next generation technologies to support future key NASA 
missions over the next decade. These programs need to be funded. And 
they are often the first to be cut. In fact, this legislation includes 
a $500 million unfunded mandate to extend Shuttle operations through 
Fiscal Year 2011, which means that Shuttle funding will have to come 
from somewhere else within NASA.
  The NASA Authorization Act of 2010 privatizes two key functions for 
NASA; transporting crew and cargo to the International Space Station 
(ISS). Commercial providers have been given the opportunity to provide 
cargo to the space station and, according to Government Accountability 
Office (GAO), they have failed to meet the required safety benchmarks. 
The GAO also raises serious concerns about the lack of expertise at the 
Federal Aviation Administration to oversee the commercial space launch 
industry. This bill not only furthers the outsourcing of cargo 
transportation, but expands it to include transporting crew.
  The results of privatizing government services frequently follow a 
pattern in which a company assumes control of a service from the 
government by promising lower costs. After winning the contract, the 
company requests more funding to do the job, and then attempts to save 
its own money by cutting corners through cuts in pay, benefits and 
safety. Our astronauts deserve better than to have their lives put at 
risk.
  Further, if the services are privatized, those competencies among the 
expert staff at NASA would be effectively irreversible because it would 
take so much time to rebuild them. We must preserve and leverage 
ongoing technical work on Service Module for human spaceflight beyond 
Low Earth Orbit. This work will be critical to maintaining jobs and 
core-intellectual competencies embodied within the agency.

[[Page 17139]]

  This legislation also fails to provide the agency with the option of 
a government-vehicle back-up should the commercial sector be unable to 
satisfactorily provide the services for which they were hired. The 
Augustine Commission--the Commission President Obama tasked with 
reviewing future human space flight plans--believed it would be too 
risky to rely solely on the commercial sector and suggested including a 
government back-up option.
  Providing more money to the commercial sector without the necessary 
safety and regulatory safeguards could come at the expense of other in-
house, long-lead research and development programs.
  I cannot support legislation that provides the government with no 
other option than to rely exclusively on the commercial sector. I will 
continue to work with appropriators to preserve and protect civil 
servant jobs at NASA and I urge my colleagues to oppose this bill.
  Mr. DeFAZIO. Mr. Speaker, today, I voted against S. 3729, the NASA 
Reauthorization Act because it will ultimately add $230 billion to our 
deficit to under the ruse that we must land a man on Mars.
  In 2004, President Bush announced his Mission to Mars initiative, 
with a goal of manned space flight to the moon and then to Mars. What 
President Bush didn't reveal was the future costs of Mission to Mars 
that would swell to astronomic levels and create further havoc with the 
federal budget.
  With our economy still in a ditch and our national debt having 
doubled in the last 8 years, the United States cannot afford to begin a 
new space cowboy adventure. It is only reasonable that we reassess our 
budget priorities, just as millions of struggling Americans are 
reassessing theirs. Tough choices must be made, and manned space 
expeditions are not worth expanded deficit spending.
  A 2008 report from the Government Accountability Office reported that 
NASA has estimated the total cost of the planned Mission to Mars, will 
have a final cost of over $230 billion. That is not affordable in even 
the best of economic times.
  In response to this breathtaking cost estimate, I attached an 
amendment to the 2008 NASA Reauthorization directing the Congressional 
Budget Office to update its budgetary analysis on NASA's near term 
exploration plans for the moon.
  CBO reported that the average NASA program experiences a 50% cost 
growth over initial budget estimates, with some programs experiencing a 
final cost of almost 250% over initial estimates. It goes on to state 
that in order for NASA to meet its current schedule to get to the moon, 
it would have t spend $110 billion through 2020.
  Americans need to know that in these uncertain times we are doing 
everything we can to restore fiscal discipline and put our economy back 
on track. We've been to the moon, and we do not need to spend $110 
billion to go there again. We certainly can't afford the $230 billion 
to go to Mars.
  S. 3729, continues the costly Constellation program and specifically 
insists on the development of heavy-lift rockets. This bill keeps alive 
a program that should be eliminated.
  Ms. CORRINE BROWN of Florida. Mr. Speaker, I rise today to support 
our national space industry. This industry is now facing a crisis 
point.
  S. 3729, the NASA Authorization Act, gives NASA direction so the 
agency, contractors, and employees can plan for the future.
  This bill will give NASA direction for foreseeable future. I am 
pleased that the ability to excite students and inspire our nation's 
youth to enter careers in STEM will continue. Being an astronaut or a 
rocket scientist are some the most exciting job descriptions one can 
have. This bill allows children to dream of becoming one of them again.
  The bill contains an extra $50 million for the Space Technology 
Program led by NASA's new Chief Technology Officer, Bobby Braun, to 
include hundreds of scholarships allowing students to study math, 
science, and engineering. Minority education funding has been stable 
and this bill calls for the continuation of these programs. NASA and 
Administrator Bolden continue to actively support these programs and 
the Administration will work to ensure future funding is consistent 
with the President's request.
  In addition this bill keeps shuttle employees and contractors in 
place for a while longer, sustains exploration funding. The country 
gains from launches and this bill continues those. This bill provides 
funding to upgrade critical infrastructure at Kennedy Space Center for 
the future of the space industry. Also, the bill extends the life of 
the International Space Station. The science we have received from the 
International Space Station is invaluable and this bill continues that 
project.
  We need to pass this bill now. Science and space exploration wait for 
no one, not even politicians. We cannot let the perfect be the enemy of 
the good.
  NASA serves a vital role in our economy and education system. 
Therefore, please join me in voting Yes on S. 3729.
  Mr. WU. Mr. Speaker, it is with regret that I must rise in opposition 
to the NASA reauthorization bill we have before us today. The space 
program plays a critical role in driving innovation as well as 
inspiring our nation's young people to strive for careers in science, 
technology, engineering, and mathematics. Unfortunately, the bill 
before us today places these vital missions in jeopardy.
  I strongly oppose the cancellation of the human spaceflight program. 
The Senate's bill, which was drafted without any House input, places 
too much faith in the private sector to deliver astronauts and cargo to 
space. By contrast, the bill approved by the House Science and 
Technology Committee ensured that there would continue to be a publicly 
owned human spaceflight capability developed following the retirement 
of the space shuttle. There are untold advancements in health care, 
energy, and environmental preservation to be gained from ongoing human 
research in space.
  I am also concerned that the Senate's bill does not include language 
ensuring that retired space shuttles will be allocated fairly to 
museums and educational institutions across the country. The space 
program is a national treasure, supported with the tax dollars of each 
and every American. As such, I believe geographic diversity should be a 
consideration in the allocation of retired shuttles, so I offered an 
amendment that was adopted in committee to ensure it would be. 
Unfortunately, the bill before us today includes no such protections, 
giving unfair preference to some regions while leaving much of the rest 
of the country effectively out of the running.
  I urge my colleagues to join me in opposing S. 3729.
  Mr. HALL of Texas. I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Tennessee (Mr. Gordon) that the House suspend the rules 
and pass the bill, S. 3729.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Ms. GIFFORDS. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

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