[111th Congress Public Law 267]
[From the U.S. Government Printing Office]



[[Page 124 STAT. 2805]]

Public Law 111-267
111th Congress

                                 An Act


 
    To authorize the programs of the National Aeronautics and Space 
    Administration for fiscal years 2011 through 2013, and for other 
             purposes. <<NOTE: Oct. 11, 2010 -  [S. 3729]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: National 
Aeronautics and Space Administration Authorization Act of 2010.>> 

SEC. 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This <<NOTE: 42 USC 18301 note.>> Act may be cited 
as the ``National Aeronautics and Space Administration Authorization Act 
of 2010''.

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

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

                TITLE I--AUTHORIZATION OF APPROPRIATIONS

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

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

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

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

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

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

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

[[Page 124 STAT. 2806]]

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

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

            TITLE VI--SPACE SHUTTLE RETIREMENT AND TRANSITION

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

                        TITLE VII--EARTH SCIENCE

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

                        TITLE VIII--SPACE SCIENCE

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

               TITLE IX--AERONAUTICS AND SPACE TECHNOLOGY

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

                           TITLE X--EDUCATION

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

     TITLE XI--RESCOPING AND REVITALIZING INSTITUTIONAL CAPABILITIES

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

                        TITLE XII--OTHER MATTERS

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

[[Page 124 STAT. 2807]]

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

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

Sec. 1301. Compliance provision.

SEC. 2. <<NOTE: 42 USC 18301.>> FINDINGS.

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

[[Page 124 STAT. 2808]]

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

SEC. 3. <<NOTE: 42 USC 18302.>> DEFINITIONS.

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

[[Page 124 STAT. 2809]]

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

                TITLE I--AUTHORIZATION OF APPROPRIATIONS

SEC. 101. FISCAL YEAR 2011.

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

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

SEC. 102. FISCAL YEAR 2012.

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

[[Page 124 STAT. 2811]]

SEC. 103. FISCAL YEAR 2013.

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

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

SEC. 201. <<NOTE: 42 USC 18311.>> UNITED STATES HUMAN SPACE FLIGHT 
            POLICY.

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

[[Page 124 STAT. 2812]]

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

SEC. 202. <<NOTE: 42 USC 18312.>> 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. <<NOTE: 42 USC 18313.>> ASSURANCE OF CORE CAPABILITIES.

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

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

[[Page 124 STAT. 2813]]

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

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

    (a) In General.--In <<NOTE: Contracts.>> 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. <<NOTE: 42 USC 18321.>> HUMAN SPACE FLIGHT BEYOND LOW-EARTH 
            ORBIT.

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

[[Page 124 STAT. 2814]]

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

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

SEC. 302. <<NOTE: 42 USC 18322.>> SPACE LAUNCH SYSTEM AS FOLLOW-ON 
            LAUNCH VEHICLE TO THE SPACE SHUTTLE.

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

[[Page 124 STAT. 2815]]

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

    (c) Minimum Capability Requirements.--
            (1) In general.--The Space Launch System developed pursuant 
        to subsection (b) shall be designed to have, at a minimum, the 
        following:
                    (A) The initial capability of the core elements, 
                without an upper stage, of lifting payloads weighing 
                between 70 tons and 100 tons into low-Earth orbit in 
                preparation for transit for missions beyond low-Earth 
                orbit.
                    (B) The capability to carry an integrated upper 
                Earth departure stage bringing the total lift capability 
                of the Space Launch System to 130 tons or more.
                    (C) The capability to lift the multipurpose crew 
                vehicle.
                    (D) The capability to serve as a backup system for 
                supplying and supporting ISS cargo requirements or crew 
                delivery requirements not otherwise met by available 
                commercial or partner-supplied vehicles.
            (2) Flexibility.--The Space Launch System shall be designed 
        from inception as a fully-integrated vehicle capable of carrying 
        a total payload of 130 tons or more into low-Earth orbit in 
        preparation for transit for missions beyond low-Earth orbit. The 
        Space Launch System shall, to the extent practicable, 
        incorporate capabilities for evolutionary growth to carry 
        heavier payloads. Developmental work and testing of the core 
        elements and the upper stage should proceed in parallel subject 
        to appropriations. Priority should <<NOTE: Deadline.>> 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. <<NOTE: 42 USC 18323.>> MULTI-PURPOSE CREW VEHICLE.

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

[[Page 124 STAT. 2816]]

            (2) Goal for operational capability.--
        It <<NOTE: Deadline.>> 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. <<NOTE: 42 USC 18324.>> 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 <<NOTE: Contracts.>> contracts, investments, 
        workforce, industrial base, and capabilities from the Space 
        Shuttle and Orion and Ares 1 projects, including--
                    (A) space-suit development activities for 
                application to, and coordinated development of, a multi-
                purpose crew vehicle suit and associated life-support 
                requirements with potential development of standard 
                NASA-certified suit and life support systems for use in 
                alternative commercially-developed crew transportation 
                systems; and
                    (B) Space Shuttle-derived components and Ares 1 
                components that use existing United States propulsion 
                systems, including liquid fuel engines, external tank or 
                tank-related capability, and solid rocket motor engines; 
                and
            (2) associated testing facilities, either in being or under 
        construction as of the date of enactment of this Act.

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

[[Page 124 STAT. 2817]]

            (3) shall <<NOTE: Deadline.>> 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 <<NOTE: 42 USC 18325.>> LAUNCH SUPPORT AND INFRASTRUCTURE 
            MODERNIZATION PROGRAM.

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

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

[[Page 124 STAT. 2818]]

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

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

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

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

SEC. 308. DEVELOPMENT <<NOTE: 42 USC 18326.>> OF TECHNOLOGIES AND IN-
            SPACE CAPABILITIES FOR BEYOND NEAR-EARTH SPACE MISSIONS.

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

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

[[Page 124 STAT. 2819]]

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

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

SEC. 309. REPORT <<NOTE: 42 USC 18327.>> REQUIREMENT.

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

[[Page 124 STAT. 2820]]

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

SEC. 401. <<NOTE: 42 USC 18341.>> 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 <<NOTE: 42 USC 18342.>> 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 <<NOTE: Deadline. Public 
        information.>> later than 60 days after the date of the 
        enactment of this Act, the Administrator shall develop and make 
        available to the public detailed human

[[Page 124 STAT. 2821]]

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

[[Page 124 STAT. 2822]]

            (5) Flight demonstration and readiness requirements.--The 
        Administrator shall establish appropriate milestones and minimum 
        performance objectives to be achieved before authority is 
        granted to proceed to the procurement of commercially-developed 
        crew transportation capabilities or systems. The 
        guidelines <<NOTE: Standards.>> 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. <<NOTE: 42 USC 18351.>> CONTINUATION OF THE INTERNATIONAL 
            SPACE STATION THROUGH 2020.

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

[[Page 124 STAT. 2823]]

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

SEC. 502. MAXIMUM <<NOTE: 42 USC 18352.>> 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 <<NOTE: 42 USC 18353.>> 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 <<NOTE: Assessment.>> carrying out 
        subsection (a), the Administrator shall, as soon as is 
        practicable after the date of the enactment of this Act, carry 
        out a comprehensive assessment of the essential modules, 
        operational systems and components, structural elements, and 
        permanent scientific equipment on board or planned for delivery 
        and installation aboard the ISS, including both United States 
        and international partner elements, for purposes of identifying 
        the spare or replacement modules, systems and components, 
        elements, and equipment that are required to ensure complete, 
        effective, and safe functioning and full scientific utilization 
        of the ISS through September 30, 2020.
            (2) Data.--In carrying out the assessment, the Administrator 
        shall assemble any existing data, and provide for the 
        development of any data or analysis not currently available, 
        that is necessary for purposes of the assessment.

[[Page 124 STAT. 2824]]

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

[[Page 124 STAT. 2825]]

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

    (d) Utilization of Research Facilities and Capabilities.--
Utilization of research facilities and capabilities aboard the ISS 
(other than exploration-related research and technology development 
facilities and capabilities, and associated ground support and 
logistics), shall be planned, managed, and supported as provided in 
section 504. Exploration-related research and technology development 
facilities, capabilities, and associated ground support and logistics 
shall be planned, managed, and supported by the appropriate NASA 
organizations and officials in a manner that does not interfere with 
other activities under section 504.
    (e) Space Shuttle Mission to ISS.--
            (1) Space shuttle mission.--The <<NOTE: Time 
        period.>> 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 <<NOTE: 42 USC 18354.>> OF THE ISS NATIONAL 
            LABORATORY.

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

[[Page 124 STAT. 2826]]

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

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

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

[[Page 124 STAT. 2827]]

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

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

[[Page 124 STAT. 2828]]

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

            TITLE VI--SPACE SHUTTLE RETIREMENT AND TRANSITION

SEC. 601. SENSE <<NOTE: 42 USC 18361.>> 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 <<NOTE: 42 USC 18362.>> OF SPACE SHUTTLE ORBITERS 
            AND TRANSITION OF SPACE SHUTTLE PROGRAM.

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

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

[[Page 124 STAT. 2829]]

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

SEC. 603. <<NOTE: 42 USC 18363.>> 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 <<NOTE: Determination.>> 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 <<NOTE: Contracts. Procedures.>> orbiter vehicles made available 
under subsection (a) shall be displayed and maintained through 
agreements and procedures established pursuant to section 613(a) of the 
National Aeronautics and Space Administration Authorization Act of 2008 
(42 U.S.C. 17761(a)).

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

                        TITLE VII--EARTH SCIENCE

SEC. 701. SENSE OF CONGRESS.

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

[[Page 124 STAT. 2830]]

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

SEC. 702. INTERAGENCY <<NOTE: 42 USC 18371.>> 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 <<NOTE: Deadline.>> 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 <<NOTE: Reports. Deadline.>> 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 <<NOTE: 42 USC 18372.>> 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 <<NOTE: Implementation plan. Deadline.>> of NASA shall 
provide an implementation plan for this mechanism to Congress within 90 
days after the date of enactment of this Act.

[[Page 124 STAT. 2831]]

SEC. 704. DECADAL <<NOTE: 42 USC 18373.>> SURVEY MISSIONS IMPLEMENTATION 
            FOR EARTH OBSERVATION.

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

SEC. 705. EXPANSION OF EARTH SCIENCE APPLICATIONS.

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

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

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

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

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

[[Page 124 STAT. 2832]]

                        TITLE VIII--SPACE SCIENCE

SEC. 801. <<NOTE: 42 USC 18381.>> 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. <<NOTE: 42 USC 18382.>> 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 <<NOTE: Designation.>> Administrator shall 
designate an officer or employee of the Science Mission Directorate to 
act as the responsible official for all Suborbital Research in the 
Science Mission Directorate. The designee shall be responsible for the 
development of short- and long term strategic plans for maintaining, 
renewing and extending suborbital facilities and capabilities, 
monitoring progress towards goals in the plans, and be responsible for 
integration of suborbital activities and workforce development within 
the agency, thereby ensuring the long term recognition of their combined 
value to the directorate, to NASA, and to the Nation.

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

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

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

[[Page 124 STAT. 2833]]

SEC. 804. <<NOTE: 42 USC 18383.>> 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. <<NOTE: 42 USC 18384.>> 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 <<NOTE: 42 USC 18385.>> 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 <<NOTE: Contracts.>> missions. Funds authorized 
by this Act for NASA shall be made available under a reimbursable 
agreement with the Department of Energy for the purpose of 
reestablishing facilities to produce fuel required for radioisotope 
thermoelectric generators to enable future missions.

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

[[Page 124 STAT. 2834]]

SEC. 807. <<NOTE: 42 USC 18386.>> 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 <<NOTE: Deadline. Plans.>> 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. <<NOTE: 42 USC 18387.>> 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 <<NOTE: Deadline.>> 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. <<NOTE: 42 USC 18388.>> SPACE WEATHER.

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

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

[[Page 124 STAT. 2835]]

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

               TITLE IX--AERONAUTICS AND SPACE TECHNOLOGY

SEC. 901. SENSE OF CONGRESS.

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

SEC. 902. <<NOTE: 42 USC 18401.>> 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. <<NOTE: 42 USC 18402.>> RESEARCH COLLABORATION.

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

[[Page 124 STAT. 2836]]

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

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

SEC. 904. GOAL <<NOTE: 42 USC 18403.>> 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 <<NOTE: Deadline.>> 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 <<NOTE: 42 USC 18404.>> SPACE TECHNOLOGY POLICY.

    (a) In General.--The President <<NOTE: 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 <<NOTE: President.>> developing the 
        national space technology development policy, the President or 
        the President's

[[Page 124 STAT. 2837]]

        designee shall consider, and include a discussion in the report 
        required by subsection (c), of the following issues:
                    (A) The extent to which NASA should focus on long 
                term, high-risk research or more incremental technology 
                development, and the expected impact of that decision on 
                the United States economy.
                    (B) The extent to which NASA should address military 
                and commercial needs.
                    (C) How NASA will coordinate its technology program 
                with other Federal agencies.
                    (D) The extent to which NASA will conduct research 
                in-house, fund university research, and collaborate on 
                industry research and the expected impact of that mix of 
                funding on the supply of United States workers for 
                industry.
            (4) Consultation.--In the <<NOTE: President.>> 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 <<NOTE: 42 USC 18405.>> 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 <<NOTE: Designation.>> shall 
designate an officer or employee of the Space Technology Program to act 
as the responsible official for the Commercial Reusable Suborbital 
Research Program in the Space Technology Program. The designee shall be 
responsible for the development of short- and long term strategic plans 
for maintaining, renewing and extending suborbital facilities and 
capabilities.

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

[[Page 124 STAT. 2838]]

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

                           TITLE X--EDUCATION

SEC. 1001. REPORT ON EDUCATION IMPLEMENTATION OUTCOMES.

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

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

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

SEC. 1003. SCIENCE, <<NOTE: 42 USC 18421.>> TECHNOLOGY, ENGINEERING, AND 
            MATHEMATICS COMMERCIAL ORBITAL PLATFORM PROGRAM.

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

[[Page 124 STAT. 2839]]

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

[[Page 124 STAT. 2840]]

SEC. 1103. NASA CAPABILITIES STUDY REQUIREMENT.

    Upon completion <<NOTE: Panel.>> 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 <<NOTE: Deadline.>> 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 <<NOTE: 42 USC 18431.>> STABILIZATION AND CRITICAL 
            SKILLS PRESERVATION.

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

                        TITLE XII--OTHER MATTERS

SEC. 1201. REPORT ON SPACE TRAFFIC MANAGEMENT.

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

[[Page 124 STAT. 2841]]

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

SEC. 1202. NATIONAL <<NOTE: 42 USC 18441.>> AND INTERNATIONAL ORBITAL 
            DEBRIS MITIGATION.

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

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

SEC. 1203. REPORTS <<NOTE: 42 USC 18442.>> ON PROGRAM AND COST 
            ASSESSMENT AND CONTROL ASSESSMENT.

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

[[Page 124 STAT. 2842]]

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

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

SEC. 1204. ELIGIBILITY <<NOTE: 42 USC 18443.>> FOR SERVICE OF INDIVIDUAL 
            CURRENTLY SERVING AS ADMINISTRATOR OF NASA.

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

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

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

[[Page 124 STAT. 2843]]

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

SEC. 1206. <<NOTE: 42 USC 18444.>> COUNTERFEIT PARTS.

    (a) In General.--The Administrator <<NOTE: Plans.>> 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 <<NOTE: Database.>> 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 <<NOTE: List. Deadline. Criteria.>> trusted or 
        approved manufacturers, the Administrator shall establish a 
        list, assessed and adjusted at least annually, and create 
        criteria for manufacturers to meet in order to be placed onto 
        the list.

[[Page 124 STAT. 2844]]

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

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

SEC. 1207. <<NOTE: 42 USC 18445.>> INFORMATION SECURITY.

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

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

[[Page 124 STAT. 2845]]

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

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

SEC. 1208. NATIONAL CENTER FOR HUMAN PERFORMANCE.

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

SEC. 1209. ENHANCED-USE LEASING.

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

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

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

[[Page 124 STAT. 2846]]

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

SEC. 1301. COMPLIANCE PROVISION.

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

    Approved October 11, 2010.

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

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

                                  <all>