    [United States Statutes at Large, Volume 124, 111th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    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. <>

    Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress assembled, <>

    SEC. 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

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

    TITLE I--AUTHORIZATION OF APPROPRIATIONS

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

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

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

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

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

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

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

    [[Page 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 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. <> 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 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. <> 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 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--

    [[Page 2810]]

    (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 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. <> 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 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. <> GOALS AND OBJECTIVES.

    (a) Long Term Goal.--The long term goal of the human space flight
    and exploration efforts of NASA shall be to expand permanent human
    presence beyond low-Earth orbit and to do so, where practical, in a
    manner involving international partners.
    (b) Key Objectives.--The key objectives of the United States for
    human expansion into space shall be--
    (1) to sustain the capability for long-duration presence in
    low-Earth orbit, initially through continuation of the ISS and
    full utilization of the United States segment of the ISS as a
    National Laboratory, and through assisting and enabling an
    expanded commercial presence in, and access to, low-Earth orbit,
    as elements of a low-Earth orbit infrastructure;
    (2) to determine if humans can live in an extended manner in
    space with decreasing reliance on Earth, starting with
    utilization of low-Earth orbit infrastructure, to identify
    potential roles that space resources such as energy and
    materials may play, to meet national and global needs and
    challenges, such as potential cataclysmic threats, and to
    explore the viability of and lay the foundation for sustainable
    economic activities in space;
    (3) to maximize the role that human exploration of space can
    play in advancing overall knowledge of the universe, supporting
    United States national and economic security and the United
    States global competitive posture, and inspiring young people in
    their educational pursuits; and
    (4) to build upon the cooperative and mutually beneficial
    framework established by the ISS partnership agreements and
    experience in developing and undertaking programs and meeting
    objectives designed to realize the goal of human space flight
    set forth in subsection (a).

    SEC. 203. <> ASSURANCE OF CORE CAPABILITIES.

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

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

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

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

    (a) In General.--In <> fiscal year 2012 the
    Administrator shall contract with the National Academies for a review of
    the goals, core capabilities, and direction of human space flight, using
    the goals set forth in the National Aeronautics and Space Act of 1958,
    the National Aeronautics and Space Administration Authorization Act of
    2005, and the National Aeronautics and Space Administration
    Authorization Act of 2008, the goals set forth in this Act, and goals
    set forth in any existing statement of space policy issued by the
    President.

    (b) Elements.--The review shall include--
    (1) a broad spectrum of participation with representatives
    of a range of disciplines, backgrounds, and generations,
    including civil, commercial, international, scientific, and
    national security interests;
    (2) input from NASA's international partner discussions and
    NASA's Human Exploration Framework Team;
    (3) an examination of the relationship of national goals to
    foundational capabilities, robotic activities, technologies, and
    missions authorized by this Act;
    (4) a review and prioritization of scientific, engineering,
    economic, and social science questions to be addressed by human
    space exploration to improve the overall human condition; and
    (5) findings and recommendations for fiscal years 2014
    through 2023.

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

    SEC. 301. <> HUMAN SPACE FLIGHT BEYOND LOW-EARTH
    ORBIT.

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

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

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

    SEC. 302. <> SPACE LAUNCH SYSTEM AS FOLLOW-ON
    LAUNCH VEHICLE TO THE SPACE SHUTTLE.

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

    [[Page 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 <> be placed
    on the core elements with the goal for operational capability
    for the core elements not later than December 31, 2016.
    (3) Transition needs.--The Administrator shall ensure
    critical skills and capabilities are retained, modified, and
    developed, as appropriate, in areas related to solid and liquid
    engines, large diameter fuel tanks, rocket propulsion, and other
    ground test capabilities for an effective transition to the
    follow-on Space Launch System.
    (4) The capacity for efficient and timely evolution,
    including the incorporation of new technologies, competition of
    sub-elements, and commercial operations.

    SEC. 303. <> MULTI-PURPOSE CREW VEHICLE.

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

    [[Page 2816]]

    (2) Goal for operational capability.--
    It <> shall be the goal to achieve full
    operational capability for the transportation vehicle developed
    pursuant to this subsection by not later than December 31, 2016.
    For purposes of meeting such goal, the Administrator may
    undertake a test of the transportation vehicle at the ISS before
    that date.

    (b) Minimum Capability Requirements.--The multi-purpose crew vehicle
    developed pursuant to subsection (a) shall be designed to have, at a
    minimum, the following:
    (1) The capability to serve as the primary crew vehicle for
    missions beyond low-Earth orbit.
    (2) The capability to conduct regular in-space operations,
    such as rendezvous, docking, and extra-vehicular activities, in
    conjunction with payloads delivered by the Space Launch System
    developed pursuant to section 302, or other vehicles, in
    preparation for missions beyond low-Earth orbit or servicing of
    assets described in section 804, or other assets in cis-lunar
    space.
    (3) The capability to provide an alternative means of
    delivery of crew and cargo to the ISS, in the event other
    vehicles, whether commercial vehicles or partner-supplied
    vehicles, are unable to perform that function.
    (4) The capacity for efficient and timely evolution,
    including the incorporation of new technologies, competition of
    sub-elements, and commercial operations.

    SEC. 304. <> UTILIZATION OF EXISTING WORKFORCE AND
    ASSETS IN DEVELOPMENT OF SPACE LAUNCH SYSTEM AND MULTI-
    PURPOSE CREW VEHICLE.

    (a) In General.--In developing the Space Launch System pursuant to
    section 302 and the multi-purpose crew vehicle pursuant to section 303,
    the Administrator shall, to the extent practicable utilize--
    (1) existing <> contracts, investments,
    workforce, industrial base, and capabilities from the Space
    Shuttle and Orion and Ares 1 projects, including--
    (A) space-suit development activities for
    application to, and coordinated development of, a multi-
    purpose crew vehicle suit and associated life-support
    requirements with potential development of standard
    NASA-certified suit and life support systems for use in
    alternative commercially-developed crew transportation
    systems; and
    (B) Space Shuttle-derived components and Ares 1
    components that use existing United States propulsion
    systems, including liquid fuel engines, external tank or
    tank-related capability, and solid rocket motor engines;
    and
    (2) associated testing facilities, either in being or under
    construction as of the date of enactment of this Act.

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

    [[Page 2817]]

    (3) shall <> complete construction and
    activation of the A-3 test stand with a completion goal of
    September 30, 2013;
    (4) may procure, develop, and flight test applicable
    components; and
    (5) shall take appropriate actions to ensure timely and
    cost-effective development of the Space Launch System and the
    multi-purpose crew vehicle, including the use of a procurement
    approach that incorporates adequate and effective oversight, the
    facilitation of contractor efficiencies, and the stream-lining
    of contract and procurement requirements.

    SEC. 305. NASA <> LAUNCH SUPPORT AND INFRASTRUCTURE
    MODERNIZATION PROGRAM.

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

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

    [[Page 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 <> 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 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 <> 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 2820]]

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

    SEC. 401. <> COMMERCIAL CARGO DEVELOPMENT PROGRAM.

    The Administrator shall continue to support the existing Commercial
    Orbital Transportation Services program, aimed at enabling the
    commercial space industry in support of NASA to develop reliable means
    of launching cargo and supplies to the ISS throughout the duration of
    the facility's operation. The Administrator may apply funds towards the
    reduction of risk to the timely start of these services, specifically--
    (1) efforts to conduct a flight test;
    (2) accelerate development; and
    (3) develop the ground infrastructure needed for commercial
    cargo capability.

    SEC. 402. COMMERCIAL CREW DEVELOPMENT PROGRAM.

    (a) Continuation of Program During Fiscal Year 2011.--The
    Administrator shall continue, and may expand the number of participants
    and the activities of, the Commercial Crew Development (CCDEV) program
    in fiscal year 2011, subject to the provisions of this title.
    (b) Continuation of Activities and Agreements of Fiscal Year 2010.--
    In carrying out subsection (a), the Administrator may continue or expand
    activities and agreements initiated in fiscal year 2010 that reduce
    risk, develop technologies, and lead to other advancements that will
    help determine the most effective and efficient means of advancing the
    development of commercial crew services.

    SEC. 403. REQUIREMENTS <> APPLICABLE TO DEVELOPMENT
    OF COMMERCIAL CREW TRANSPORTATION CAPABILITIES AND SERVICES.

    (a) FY 2011 Contracts and Procurement Agreements.--
    (1) In general.--Except as provided in paragraph (2), the
    Administrator may not execute a contract or procurement
    agreement with respect to follow-on commercial crew services
    during fiscal year 2011.
    (2) Exception.--Notwithstanding paragraph (1), the
    Administrator may execute a contract or procurement agreement
    with respect to follow-on commercial crew services during fiscal
    year 2011 if--
    (A) the requirements of paragraphs (1), (2), and (3)
    of subsection (b) are met; and
    (B) the total amount involved for all such contracts
    and procurement agreements executed during fiscal year
    2011 does not exceed $50,000,000 for fiscal year 2011.

    (b) Support.--The Administrator may, beginning in fiscal year 2012
    through the duration of the program, support follow-on commercially-
    developed crew transportation systems dependent upon the completion of
    each of the following:
    (1) Human rating requirements.--Not <> later than 60 days after the date of the
    enactment of this Act, the Administrator shall develop and make
    available to the public detailed human

    [[Page 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 <> later than 180 days after the date of
    the enactment of this Act, the Administrator shall submit to the
    appropriate committees of Congress an assessment, conducted, in
    coordination with the Federal Aviation Administration's Office
    of Commercial Space Transportation, for purposes of this
    paragraph, of the potential non-Government market for
    commercially-developed crew and cargo transportation systems and
    capabilities, including an assessment of the activities
    associated with potential private sector utilization of the ISS
    research and technology development capabilities and other
    potential activities in low-Earth orbit.
    (3) Procurement system review.--The Administrator shall
    review current Government procurement and acquisition practices
    and processes, including agreement authorities under the
    National Aeronautics and Space Act of 1958, to determine the
    most cost-effective means of procuring commercial crew
    transportation capabilities and related services in a manner
    that ensures appropriate accountability, transparency, and
    maximum efficiency in the procurement of such capabilities and
    services, which review shall include an identification of
    proposed measures to address risk management and means of
    indemnification of commercial providers of such capabilities and
    services, and measures for quality control, safety oversight,
    and the application of Federal oversight processes within the
    jurisdiction of other Federal agencies. A description of the
    proposed procurement process and justification of the proposed
    procurement for its selection shall be included in any proposed
    initiation of procurement activity for commercially-developed
    crew transportation capabilities and services and shall be
    subject to review by the appropriate committees of Congress
    before the initiation of any competitive process to procure such
    capabilities or services. In
    support <>  of the review by such
    committees, the Comptroller General shall undertake an
    assessment of the proposed procurement process and provide a
    report to the appropriate committees of Congress within 90 days
    after the date on which the Administrator provides the
    description and justification to such committees.
    (4) Use of government-supplied capabilities and
    infrastructure.--In evaluating any proposed development activity
    for commercially-developed crew or cargo launch capabilities,
    the Administrator shall identify the anticipated contribution of
    government personnel, expertise, technologies, and
    infrastructure to be utilized in support of design, development,
    or operations of such capabilities. This assessment shall
    include a clear delineation of the full requirements for the
    commercial crew service (including the contingency for crew
    rescue). The Administrator shall include details and associated
    costs of such support as part of any proposed development
    initiative for the procurement of commercially-developed crew or
    cargo launch capabilities or services.

    [[Page 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 <> shall include a procedure to
    provide independent assurance of flight safety and flight
    readiness before the authorization of United States government
    personnel to participate as crew onboard any commercial launch
    vehicle developed pursuant to this section.
    (6) Commercial crew rescue capabilities.--The provision of a
    commercial capability to provide ISS crew services shall include
    crew rescue requirements, and shall be undertaken through the
    procurement process initiated in conformance with this section.
    In the event such development is initiated, the Administrator
    shall make available any relevant government-owned intellectual
    property deriving from the development of a multi-purpose crew
    vehicle authorized by this Act to commercial entities involved
    with such crew rescue capability development which shall be
    relevant to the design of a crew rescue capability. In addition,
    the Administrator shall seek to ensure that contracts for
    development of the multi-purpose crew vehicle contain provisions
    for the licensing of relevant intellectual property to
    participating commercial providers of any crew rescue capability
    development undertaken pursuant to this section. If one or more
    contractors involved with development of the multi-purpose crew
    vehicle seek to compete in development of a commercial crew
    service with crew rescue capability, separate legislative
    authority must be enacted to enable the Administrator to provide
    funding for any modifications of the multi-purpose crew vehicle
    necessary to fulfill the ISS crew rescue function.

    SEC. 404. REPORT ON INTERNATIONAL SPACE STATION CARGO RETURN CAPABILITY.

    Not later than 120 days after the date of the enactment of this Act,
    the Administrator shall submit to the appropriate committees of Congress
    a report on potential alternative commercially-developed means for the
    capability for a soft-landing return on land from the ISS of--
    (1) research samples or other derivative materials; and
    (2) small to mid-sized (up to 1,000 kilograms) equipment for
    return and analysis, or for refurbishment and redelivery, to the
    ISS.

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

    SEC. 501. <> CONTINUATION OF THE INTERNATIONAL
    SPACE STATION THROUGH 2020.

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

    [[Page 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 <> UTILIZATION OF THE
    INTERNATIONAL SPACE STATION.

    (a) In General.--With assembly of the ISS complete, NASA shall take
    steps to maximize the productivity and use of the ISS with respect to
    scientific and technological research and development, advancement of
    space exploration, and international collaboration.
    (b) NASA Actions.--In carrying out subsection (a), NASA shall, at a
    minimum, undertake the following:
    (1) Innovative use of u.s. segment.--The United States
    segment of the ISS, which has been designated as a National
    Laboratory, shall be developed, managed and utilized in a manner
    that enables the effective and innovative use of such facility,
    as provided in section 504.
    (2) International cooperation.--The ISS shall continue to be
    utilized as a key component of international efforts to build
    missions and capabilities that further the development of a
    human presence beyond near-Earth space and advance United States
    security and economic goals. The Administrator shall actively
    seek ways to encourage and enable the use of ISS capabilities to
    support these efforts.
    (3) Domestic collaboration.--The operations, management, and
    utilization of the ISS shall be conducted in a manner that
    provides opportunities for collaboration with other research
    programs and objectives of the United States Government in
    cooperation with commercial suppliers, users, and developers.

    SEC. 503. MAINTENANCE <> OF THE UNITED STATES
    SEGMENT AND ASSURANCE OF CONTINUED OPERATIONS OF THE
    INTERNATIONAL SPACE STATION.

    (a) In General.--The Administrator shall take all actions necessary
    to ensure the safe and effective operation, maintenance, and maximum
    utilization of the United States segment of the ISS through at least
    September 30, 2020.
    (b) Vehicle and Component Review.--
    (1) In general.--In <> carrying out
    subsection (a), the Administrator shall, as soon as is
    practicable after the date of the enactment of this Act, carry
    out a comprehensive assessment of the essential modules,
    operational systems and components, structural elements, and
    permanent scientific equipment on board or planned for delivery
    and installation aboard the ISS, including both United States
    and international partner elements, for purposes of identifying
    the spare or replacement modules, systems and components,
    elements, and equipment that are required to ensure complete,
    effective, and safe functioning and full scientific utilization
    of the ISS through September 30, 2020.
    (2) Data.--In carrying out the assessment, the Administrator
    shall assemble any existing data, and provide for the
    development of any data or analysis not currently available,
    that is necessary for purposes of the assessment.

    [[Page 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 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 <> Administrator shall fly the Launch-On-Need Shuttle
    mission currently designated in the Shuttle Flight Manifest
    dated February 28, 2010, to the ISS in fiscal year 2011, but no
    earlier than June 1, 2011, unless required earlier by an
    operations contingency, and pending the results of the
    assessment required by paragraph (2) and the determination under
    paragraph (3)(A).
    (2) Assessment of safe means of return.--The Administrator
    shall provide for an assessment by the NASA Engineering and
    Safety Center of the procedures and plans developed to ensure
    the safety of the Space Shuttle crew, and alternative means of
    return, in the event the Space Shuttle is damaged or otherwise
    unable to return safely to Earth.
    (3) Schedule and payload.--The determination of the schedule
    and payload for the mission authorized by paragraph (1) shall
    take into account the following:
    (A) The supply and logistics delivery requirements
    of the ISS.
    (B) The findings of the study required by paragraph
    (2).
    (4) Funds.--Amounts authorized to be appropriated by section
    101(2)(B) shall be available for the mission authorized by
    paragraph (1).

    (f) Space Shuttle Manifest Flight Assurance.--
    (1) In general.--The Administrator shall take all actions
    necessary to preserve Space Shuttle launch capability through
    fiscal year 2011 in a manner that enables the launch, at a
    minimum, of missions and primary payloads in the Shuttle flight
    manifest as of February 28, 2010.
    (2) Continuation of contractor support.--The Administrator
    may not terminate any contract that provides the system
    transitions necessary for shuttle-derived hardware to be used on
    either the multi-purpose crew vehicle described in section 303
    or the Space Launch System described in section 302.

    SEC. 504. MANAGEMENT <> OF THE ISS NATIONAL
    LABORATORY.

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

    [[Page 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 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 <> 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 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 <> OF CONGRESS ON THE SPACE SHUTTLE
    PROGRAM.

    (a) Findings.--Congress makes the following findings:
    (1) The Space Shuttle program represents a national asset
    consisting of critical skills and capabilities, including the
    ability to lift large payloads into space and return them to
    Earth.
    (2) The Space Shuttle has carried more than 355 people from
    16 nations into space.
    (3) The Space Shuttle has projected the best of American
    values around the world, and Space Shuttle crews have sparked
    the imagination and dreams of the world's youth and young at
    heart.

    (b) Sense of Congress.--It is the sense of Congress that--
    (1) it is essential that the retirement of the Space Shuttle
    and the transition to new human space flight capabilities be
    done in a manner that builds upon the legacy of this national
    asset; and
    (2) it is imperative for the United States to retain the
    skills and the industrial capability to provide a follow-on
    Space Launch System that is primarily designed for missions
    beyond near-Earth space, while offering some potential for
    supplanting shuttle delivery capabilities to low-Earth orbit,
    particularly in support of ISS requirements, if necessary.

    SEC. 602. RETIREMENT <> OF SPACE SHUTTLE ORBITERS
    AND TRANSITION OF SPACE SHUTTLE PROGRAM.

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

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

    [[Page 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. <> DISPOSITION OF ORBITER VEHICLES.

    (a) In General.--Upon the termination of the Space Shuttle program
    as provided in section 602, the Administrator shall decommission any
    remaining Space Shuttle orbiter vehicles according to established safety
    and historic preservation procedures prior to their designation as
    surplus government property. The orbiter vehicles shall be made
    available and located for display and maintenance through a competitive
    procedure established pursuant to the disposition plan developed under
    section 613(a) of the National Aeronautics and Space Administration
    Authorization Act of 2008 (42 U.S.C. 17761(a)), with priority
    consideration given to eligible applicants meeting all conditions of
    that plan which would provide for the display and maintenance of
    orbiters at locations with the best potential value to the public,
    including where the location of the orbiters can advance educational
    opportunities in science, technology, engineering, and mathematics
    disciplines, and with an historical relationship with either the launch,
    flight operations, or processing of the Space Shuttle orbiters or the
    retrieval of NASA manned space vehicles, or significant contributions to
    human space flight. The
    Smithsonian <> Institution, which, as of the date
    of enactment of this Act, houses the Space Shuttle Enterprise, shall
    determine any new location for the Enterprise.

    (b) Display and Maintenance.--
    The <> orbiter vehicles made available
    under subsection (a) shall be displayed and maintained through
    agreements and procedures established pursuant to section 613(a) of the
    National Aeronautics and Space Administration Authorization Act of 2008
    (42 U.S.C. 17761(a)).

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

    TITLE VII--EARTH SCIENCE

    SEC. 701. SENSE OF CONGRESS.

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

    [[Page 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 <> COLLABORATION
    IMPLEMENTATION APPROACH.

    The Director of OSTP shall establish a mechanism to ensure greater
    coordination of the research, operations, and activities relating to
    civilian Earth observation of those Agencies, including NASA, that have
    active programs that either contribute directly or indirectly to these
    areas. This mechanism <> should include the development
    of a strategic implementation plan that is updated at least every 3
    years, and includes a process for external independent advisory input.
    This plan should include a description of the responsibilities of the
    various Agency roles in Earth observations, recommended cost-sharing and
    procurement arrangements between Agencies and other entities, including
    international arrangements, and a plan for ensuring the provision of
    sustained, long term space-based climate observations. The
    Director <> shall provide a report to Congress
    within 90 days after the date of enactment of this Act on the
    implementation plan for this mechanism.

    SEC. 703. TRANSITIONING <> EXPERIMENTAL RESEARCH TO
    OPERATIONS.

    The Administrator shall coordinate with the Administrator of NOAA
    and the Director of the United States Geological Survey to establish a
    formal mechanism that plans, coordinates, and supports the transitioning
    of NASA research findings, assets, and capabilities to NOAA operations
    and United States Geological Survey operations. In defining this
    mechanism, NASA should consider the establishment of a formal or
    informal Interagency Transition Office. The
    Administrator <> of NASA shall
    provide an implementation plan for this mechanism to Congress within 90
    days after the date of enactment of this Act.

    [[Page 2831]]

    SEC. 704. DECADAL <> SURVEY MISSIONS IMPLEMENTATION
    FOR EARTH OBSERVATION.

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

    SEC. 705. EXPANSION OF EARTH SCIENCE APPLICATIONS.

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

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

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

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

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

    [[Page 2832]]

    TITLE VIII--SPACE SCIENCE

    SEC. 801. <> TECHNOLOGY DEVELOPMENT.

    The Administrator shall ensure that the Science Mission Directorate
    maintains a long term technology development program for space and Earth
    science. This effort should be coordinated with an overall Agency
    technology investment approach, as authorized in section 905 of this
    Act.

    SEC. 802. <> SUBORBITAL RESEARCH ACTIVITIES.

    (a) In General.--The report of the National Academy of Sciences,
    Revitalizing NASA's Suborbital Program: Advancing Science, Driving
    Innovation and Developing Workforce, found that suborbital science
    missions were absolutely critical to building an aerospace workforce
    capable of meeting the needs of current and future human and robotic
    space exploration.
    (b) Management.--The <> Administrator shall
    designate an officer or employee of the Science Mission Directorate to
    act as the responsible official for all Suborbital Research in the
    Science Mission Directorate. The designee shall be responsible for the
    development of short- and long term strategic plans for maintaining,
    renewing and extending suborbital facilities and capabilities,
    monitoring progress towards goals in the plans, and be responsible for
    integration of suborbital activities and workforce development within
    the agency, thereby ensuring the long term recognition of their combined
    value to the directorate, to NASA, and to the Nation.

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

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

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

    [[Page 2833]]

    SEC. 804. <> IN-SPACE SERVICING.

    The Administrator shall continue to take all necessary steps to
    ensure that provisions are made for in-space or human servicing and
    repair of all future observatory-class scientific spacecraft intended to
    be deployed in Earth-orbit or at a Lagrangian point to the extent
    practicable and appropriate. The Administrator should ensure that agency
    investments and future capabilities for space technology, robotics, and
    human space flight take the ability to service and repair these
    spacecraft into account, where appropriate, and incorporate such
    capabilities into design and operational plans.

    SEC. 805. <> DECADAL RESULTS.

    NASA shall take into account the current decadal surveys from the
    National Academies' Space Studies Board when submitting the President's
    budget request to the Congress.

    SEC. 806. ON-GOING <> RESTORATION OF RADIOISOTOPE
    THERMOELECTRIC GENERATOR MATERIAL PRODUCTION.

    (a) Findings.--The Congress finds the following:
    (1) The United States has led the world in the scientific
    exploration of space for nearly 50 years.
    (2) Missions such as Viking, Voyager, Cassini, and New
    Horizons have greatly expanded knowledge of our solar system and
    planetary characteristics and evolution.
    (3) Radioisotope power systems are the only available power
    sources for deep space missions making it possible to travel to
    such distant destinations as Mars, Jupiter, Saturn, Pluto, and
    beyond and maintain operational control and systems viability
    for extended mission durations.
    (4) Current radioisotope power systems supplies and
    production will not fully support NASA missions planned even in
    the next decade and, without a new domestic production
    capability, the United States will no longer have the means to
    explore the majority of the solar system by the end of this
    decade.
    (5) Continuing to rely on Russia or other foreign sources
    for radioisotope power system fuel production is not a secure
    option.
    (6) Reestablishing domestic production will require a long
    lead-time. Thus, meeting future space exploration mission needs
    requires that a restart project begin at the earliest
    opportunity.

    (b) In General.--The Administrator shall, in coordination with the
    Secretary of Energy, pursue a joint approach beginning in fiscal year
    2011 towards restarting and sustaining the domestic production of
    radioisotope thermoelectric generator material for deep space and other
    science and exploration <> missions. Funds authorized
    by this Act for NASA shall be made available under a reimbursable
    agreement with the Department of Energy for the purpose of
    reestablishing facilities to produce fuel required for radioisotope
    thermoelectric generators to enable future missions.

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

    [[Page 2834]]

    SEC. 807. <> COLLABORATION WITH ESMD AND SOMD ON
    ROBOTIC MISSIONS.

    The Administrator shall ensure that the Exploration Systems Mission
    Directorate and the Space Operations Mission Directorate coordinate with
    the Science Mission Directorate on an overall approach and plan for
    interagency and international collaboration on robotic missions that are
    NASA or internationally developed, including lunar, Lagrangian, near-
    Earth orbit, and Mars spacecraft, such as the International Lunar
    Network. Within 90 <> days after the date of
    enactment of this Act, the Administrator shall provide a plan to the
    appropriate committees of Congress for implementation of the
    collaborative approach required by this section. The Administrator may
    not cancel or initiate any Exploration Systems Mission Directorate or
    Science Mission Directorate robotic project before the plan is submitted
    to the appropriate committees of Congress.

    SEC. 808. <> NEAR-EARTH OBJECT SURVEY AND POLICY
    WITH RESPECT TO THREATS POSED.

    (a) Policy Reaffirmation.--Congress reaffirms the policy set forth
    in section 102(g) of the National Aeronautics and Space Act of 1958 (42
    U.S.C. 2451(g)) relating to surveying near-Earth asteroids and comets.
    (b) Implementation.--The <> Director of the OSTP
    shall implement, before September 30, 2012, a policy for notifying
    Federal agencies and relevant emergency response institutions of an
    impending near-Earth object threat if near-term public safety is at
    risk, and assign a Federal agency or agencies to be responsible for
    protecting the United States and working with the international
    community on such threats.

    SEC. 809. <> SPACE WEATHER.

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

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

    [[Page 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. <> AERONAUTICS RESEARCH GOALS.

    The Administrator should ensure that NASA maintains a strong
    aeronautics research portfolio ranging from fundamental research through
    systems research with specific research goals, including the following:
    (1) Airspace capacity.--NASA's Aeronautics Research Mission
    Directorate shall address research needs of the Next Generation
    Air Transportation System, including the ability of the National
    Airspace System to handle up to 3 times the current travel
    demand by 2025.
    (2) Environmental sustainability.--The Directorate shall
    consider and pursue concepts to reduce noise, emissions, and
    fuel consumption while maintaining high safety standards and
    shall pursue research related to alternative fuels.
    (3) Aviation safety.--The Directorate shall proactively
    address safety challenges with new and current air vehicles and
    with operations in the Nation's current and future air
    transportation system.

    SEC. 903. <> RESEARCH COLLABORATION.

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

    [[Page 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 <> FOR AGENCY SPACE TECHNOLOGY.

    It is critical that NASA maintain an Agency space technology base
    that helps align mission directorate investments and supports long term
    needs to complement mission-directorate funded research and support,
    where appropriate, multiple users, building upon its Innovative
    Partnerships Program and other partnering approaches.

    SEC. 905. IMPLEMENTATION PLAN FOR AGENCY SPACE TECHNOLOGY.

    Within <> 120 days after the date of enactment of
    this Act, NASA shall submit a plan to the appropriate committees of
    Congress that outlines how NASA's space technology program will meet the
    goal described in section 904, including an explanation of how the plan
    will link to other mission-directorate technology efforts outlined in
    sections 608, 801, and 802 of this Act.

    SEC. 906. NATIONAL <> SPACE TECHNOLOGY POLICY.

    (a) In General.--The President <> or the
    President's designee, in consultation with appropriate Federal agencies,
    shall develop a national policy to guide the space technology
    development programs of the United States through 2020. The policy shall
    include national goals for technology development and shall describe the
    role and responsibilities of each Federal agency that will carry out the
    policy. In developing the policy, the President or the President's
    designee shall utilize external studies that have been conducted on the
    state of United States technology development and have suggested
    policies to ensure continued competitiveness.

    (b) Content.--
    (1) At a minimum, the national space technology development
    policy shall describe for NASA--
    (A) the priority areas of research for technology
    investment;
    (B) the basis on which and the process by which
    priorities for ensuing fiscal years will be selected;
    (C) the facilities and personnel needed to carry out
    the technology development program; and
    (D) the budget assumptions on which the policy is
    based, which for fiscal years 2011, 2012, and 2013 shall
    be the authorized level for NASA's technology program
    authorized by this Act.
    (2) The policy shall be based on the premise that the
    Federal Government has an established interest in conducting
    research and development programs that help preserve the role of
    the United States as a global leader in space technologies and
    their application.
    (3) Considerations.--In <> developing the
    national space technology development policy, the President or
    the President's

    [[Page 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 <> development
    of the national space technology development policy, the
    President or the President's designee shall consult widely with
    academic and industry experts and with other Federal agencies.
    The Administrator may enter into an arrangement with the
    National Academy of Sciences to help develop the policy.

    (c) Report.--
    (1) Policy.--Not later than 1 year after the date of
    enactment of this Act, the President shall transmit a report
    setting forth national space technology policy to the
    appropriate committees of Congress and to the Senate Committee
    on Appropriations and the House of Representatives Committee on
    Appropriations.
    (2) Implementation.--Not later than 60 days after the
    President transmits the report required by paragraph (1) to the
    Congress, the Administrator shall transmit a report to the same
    committees describing how NASA will carry out the policy.

    SEC. 907. COMMERCIAL <> REUSABLE SUBORBITAL
    RESEARCH PROGRAM.

    (a) In general.--The report of the National Academy of Sciences,
    Revitalizing NASA's Suborbital Program: Advancing Science, Driving
    Innovation and Developing Workforce, found that suborbital science
    missions were absolutely critical to building an aerospace workforce
    capable of meeting the needs of current and future human and robotic
    space exploration.
    (b) Management.--The Administrator <> shall
    designate an officer or employee of the Space Technology Program to act
    as the responsible official for the Commercial Reusable Suborbital
    Research Program in the Space Technology Program. The designee shall be
    responsible for the development of short- and long term strategic plans
    for maintaining, renewing and extending suborbital facilities and
    capabilities.

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

    [[Page 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, <> 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 2839]]

    (1) establish a <> program
    to annually sponsor scientific and educational payloads
    developed with United States student and educator involvement to
    be flown on commercially available orbital platforms, when
    available and operational, with the goal of launching at least
    50 such payloads (with at least one from each of the 50 States)
    to orbit on at least one mission per year;
    (2) contract <> with providers
    of commercial orbital platform services for their use by the
    STEM-Commercial Orbital Platform program, preceded by the
    issuance of a request for proposal, not later than 90 days after
    the date of enactment of this Act, to enter into at least one
    funded, competitively-awarded contract for commercial orbital
    platform services and make awards within 180 days after such
    date; and
    (3) engage with United States students and educators and
    make available NASA's science, engineering, payload development,
    and payload operations expertise to student teams selected to
    participate in the STEM-Commercial Orbital Platform program.

    TITLE XI--RE-SCOPING AND REVITALIZING INSTITUTIONAL CAPABILITIES

    SEC. 1101. SENSE OF CONGRESS.

    It is the sense of Congress that NASA needs to re-scope, and as
    appropriate, down-size, to fit current and future missions and expected
    funding levels. Eighty percent of NASA's facilities are over 40 years
    old. Additionally, in a number of areas NASA finds itself ``holding
    onto'' facilities and capabilities scaled to another era.

    SEC. 1102. INSTITUTIONAL REQUIREMENTS STUDY.

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

    [[Page 2840]]

    SEC. 1103. NASA CAPABILITIES STUDY REQUIREMENT.

    Upon completion <> of the study required by Section
    1102, the Administrator shall establish an independent panel to examine
    alternative management models for NASA's workforce, centers, and related
    facilities in order to improve efficiency and productivity, while
    nonetheless maintaining core Federal competencies and keeping
    appropriately governmental functions internal to NASA. The study shall
    include a recommended implementation strategy, which shall identify any
    additional legislative authorities necessary to enable implementation of
    the recommended strategy, including recommended actions to provide aid
    and assistance to eligible communities to mitigate adverse impacts
    resulting from implementation of the
    proposed <> strategy. The Administrator shall provide
    the results of this study to the appropriate committees of Congress
    within 1 year after the date on which the study is begun.

    SEC. 1104. SENSE OF CONGRESS ON COMMUNITY TRANSITION SUPPORT.

    The Congress recognizes and supports current executive branch
    efforts to assist and provide aid to communities that are adversely
    impacted by NASA program changes, contract or program cancellations, or
    proposed institutional changes, so as to minimize the social and
    economic impacts to those communities, workers, and businesses.
    Communities eligible for such aid would be those in close proximity to
    NASA mission-related centers and their component facilities located in
    Alabama, California, Florida, Louisiana, Maryland, Mississippi, New
    Mexico, Ohio, Texas, and Virginia which may be impacted by program
    changes authorized or directed by this Act or by the implementation
    strategy developed pursuant to section 1103.

    SEC. 1105. WORKFORCE <> STABILIZATION AND CRITICAL
    SKILLS PRESERVATION.

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

    TITLE XII--OTHER MATTERS

    SEC. 1201. REPORT ON SPACE TRAFFIC MANAGEMENT.

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

    [[Page 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 <> AND INTERNATIONAL ORBITAL
    DEBRIS MITIGATION.

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

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

    SEC. 1203. REPORTS <> ON PROGRAM AND COST
    ASSESSMENT AND CONTROL ASSESSMENT.

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

    [[Page 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 <> 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 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. <> COUNTERFEIT PARTS.

    (a) In General.--The Administrator <> shall plan,
    develop, and implement a program, in coordination with other Federal
    agencies, to detect, track, catalog, and reduce the number of
    counterfeit electronic parts in the NASA supply chain.

    (b) Requirements.--In carrying out the program, the Administrator
    shall establish--
    (1) counterfeit part identification training for all
    employees that procure, process, distribute, and install
    electronic parts that will--
    (A) teach employees how to identify counterfeit
    parts;
    (B) educate employees on procedures to follow if
    they suspect a part is counterfeit;
    (C) regularly update employees on new threats,
    identification techniques, and reporting requirements;
    and
    (D) integrate industry associations, manufacturers,
    suppliers, and other Federal agencies, as appropriate;
    (2) an internal <> database to track all
    suspected and confirmed counterfeit electronic parts that will
    maintain, at a minimum--
    (A) companies and individuals known and suspected of
    selling counterfeit parts;
    (B) parts known and suspected of being counterfeit,
    including lot and date codes, part numbers, and part
    images;
    (C) countries of origin;
    (D) sources of reporting;
    (E) United States Customs seizures; and
    (F) Government-Industry Data Exchange Program
    reports and other public or private sector database
    notifications; and
    (3) a mechanism to report all information on suspected and
    confirmed counterfeit electronic parts to law enforcement
    agencies, industry associations, and other databases, and to
    issue bulletins to industry on counterfeit electronic parts and
    related counterfeit activity.

    (c) Review of Procurement and Acquisition Policy.--
    (1) In general.--In establishing the program, the
    Administrator shall amend existing acquisition and procurement
    policy to purchase electronic parts from trusted or approved
    manufacturers. To
    determine <> trusted or
    approved manufacturers, the Administrator shall establish a
    list, assessed and adjusted at least annually, and create
    criteria for manufacturers to meet in order to be placed onto
    the list.

    [[Page 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. <> INFORMATION SECURITY.

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

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

    [[Page 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 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.