National Aeronautics and Space Administration Authorization Act of 2010 - Title I: Authorization of Appropriations (Sec. 101) Authorizes appropriations for FY2011-FY2013 for the National Aeronautics and Space Administration (NASA) for: (1) science; (2) aeronautics; (3) space technology; (4) exploration; (5) space operations; (6) education; (7) cross-agency support programs; (8) construction and environmental compliance and restoration; and (9) the Inspector General.
Title II: Human Space Flight - Subtitle A: Exploration - (Sec. 201) Reaffirms that Congress supports the space exploration initiative and policy set forth in the National Aeronautics and Space Administration Authorization Act of 2008.
(Sec. 202) Directs the Administrator of NASA to develop a plan for restructuring the existing exploration program in order to develop a governmentally owned crew transportation system and heavy lift transportation system that satisfies specified use, performance, and safety requirements.
Sets forth requirements for the implementation of the restructured exploration program, including that it be implemented in a manner that: (1) facilitates the planned transition of Space Shuttle program personnel to the restructured program upon the retirement of the shuttle fleet; and (2) prepares for and enables human missions to a variety of destinations in the inner solar system, including the Moon, near-Earth objects (NEOs), and ultimately Mars and its moons.
Requires, under the exploration program, the continuation of work on ground systems and other exploration-enabling technologies and capabilities needed to support the exploration program, including spacesuit development.
Requires NASA to carry out a program of preparing infrastructure at the Kennedy Space Center that is needed for enabling processing and launch of the elements of the restructured exploration program.
Directs the Administrator to explore potential international collaborations which would enable more ambitious exploration missions than would otherwise be possible, such as human lunar landings or the establishment of a lunar research outpost.
(Sec. 203) Directs the Administrator to: (1) develop a space radiation mitigation and management strategy and implementation plan; (2) assess national capabilities for carrying out critical ground-based research on space radiation biology; (3) carry out research on solar particle events to improve the predictions and forecasts of events that could affect human missions beyond low-Earth orbit; and (4) report to Congress on prior radiation research on non-human primates and the justification and rationale for any additional research involving them.
Subtitle B: International Space Station - (Sec. 211) Directs the Administrator to take all necessary measures to support the operation and full utilization of the International Space Station (ISS) through at least 2020, if it can continue being operated safely over that period.
Instructs NASA, in consultation with the ISS partners, to seek to minimize ISS operating costs.
Requires a review of all essential vehicles, components, and permanent scientific equipment on board or planned for installation aboard the ISS, including international partner elements. Requires the Government Accountability Office (GAO) to monitor such review.
(Sec. 212) Requires the Administrator to designate an independent, nonprofit U.S. institution to manage the fundamental space life science and physical sciences and related technology research to be conducted on the ISS, as well as all research, including U.S. commercial research, that is funded by non-NASA U.S. domestic entities and that is carried out on the ISS.
Instructs such designated research management institution to make recommendations to the Administrator for: (1) the selection, prioritization, and oversight of U.S. ISS research projects; (2) the establishment of a process for the governance of U.S. ISS research users; (3) the conduct of outreach and education to enhance use of the ISS; and (4) the provision of information on U.S. capabilities, research facilities, and resources associated with U.S. research use of the ISS.
Authorizes other government agencies engaged in research and development to contract with such institution for the use of the ISS when it is beneficial in meeting their mission requirements.
(Sec. 213) Requires the institution designated under section 212 to prepare, for the Administrator, a U.S. ISS research management plan.
(Sec. 214) Requires the Administrator to transmit to Congress a plan prepared by such institution for broadening and enhancing outreach for U.S. ISS research to potential U.S. government, academic, and commercial ISS users.
(Sec. 215) Requires the Administrator to ensure the availability of ISS cargo resupply capacity to support the full and productive use and the extended operations of the ISS through 2020. Provides for an assessment of the capacity required to support enhanced research use and extended operations through that period.
Instructs the Administrator to explore with ISS partners options to ensure the provision of needed upmass to and downmass from the ISS in the event that adequate commercial cargo resupply capabilities are unavailable during any extended period after the Space Shuttle is retired. Mandates the Administrator to certify to Congress that such U.S. or commercial capabilities are unavailable before relying on such partners to upmass or downmass cargo.
(Sec. 216) Directs the Administrator carry out an assessment of innovative options for the deployment of a variable-gravity centrifuge on the ISS, which shall include the identification of: (1) the requirements for a variable-gravity centrifuge to support fundamental and applied research on the ISS; and (2) the potential for international collaboration and other potential partnerships or innovative acquisition approaches that could facilitate the deployment of a centrifuge facility for the ISS.
(Sec. 217) Directs the Administrator to develop: (1) priorities for technology development activities that enable and support NASA's long-term plans for exploration beyond low-Earth orbit and that require the capabilities of the ISS; and (2) a plan for FY2011-FY2020 to carry out prioritized activities.
(Sec. 218) Requires the development of a strategic plan to carry out fundamental space life science and physical sciences and related technology research, including research on the response of fluids and materials to reduced gravity environments that needs to be understood in developing exploration-related technologies and systems.
Requires the Administrator to ensure that a responsible official is designated at NASA headquarters to lead an integrated basic and applied research program in such areas of research.
Instructs the Administrator, as part of the annual NASA fiscal year budget request, to: (1) include a description of the ground-based, free-flyer, and ISS life and microgravity science research that is being carried out which is not directly related to supporting the human exploration programand identify the percentage of the total research budget for ISS research that such research represents; and (2) identify the programs proposed for carrying out research activities on the ISS and the proposed funding to support those programs.
Subtitle C: Space Shuttle - (Sec. 221) Expresses the sense of the Congress that it is very important, in view of the extension of the life of the ISS until at least 2020, for the space shuttle fleet to leave the ISS in the best possible configuration for the post-shuttle era. Instructs NASA to ensure the continued viability of the ISS in the event that there are delays in the delivery or the inability to deliver critical parts and supplies once the shuttle is retired.
Authorizes the Administrator to conduct one additional space shuttle mission to the ISS beyond the missions in the flight manifest as of February 2010 if an additional Space Shuttle mission is a useful and necessary step in reducing the risks to the operation and use of the ISS that are associated with the retirement of the Shuttle fleet and if specified conditions have been certified by the Administrator as having been met.
Provides, in the event that the additional Shuttle flight to the ISS is authorized, for contingent funding for the incremental costs associated with the additional mission.
(Sec. 222) Amends the National Aeronautics and Space Administration Authorization Act of 2008 to re-designate the Space Shuttle Transition Liaison Office as the Post-Shuttle Transition Liaison Office and to terminate such Office two years after the final grant under the Post-Shuttle Workforce Transition Initiative Grant Program is awarded.
(Sec. 223) Authorizes the Administrator, through the Post-Shuttle Transition Liaison Office, to make grants for the establishment of aerospace workforce and community transition strategies.
Permits the transfer of amounts made available under this section to other federal agencies for the purpose of assisting in the transition of aerospace workers and communities adversely affected by the termination of the Space Shuttle program.
Requires recipients of such grants to use the funds made available through the grant to: (1) conduct community and business outreach; (2) implement regional revitalization and facilities reuse strategies; (3) support entrepreneurship and new business development initiatives; and (4) support workforce retraining.
(Sec. 224) Sets forth requirements for the decommissioning of the remaining space shuttles. Gives priority consideration to eligible applicants which would provide for the display and maintenance of shuttle orbiters at locations with the best potential value to the public.
Entitles the Smithsonian Institution to receive one of the remaining space shuttle orbiter vehicles and instructs the Administrator to collaborate with the Secretary of the Smithsonian to determine which orbiter the Smithsonian shall receive.
Subtitle D: Space and Flight Support - (Sec. 231) Specifies the activities to be carried out under the funding authorized in title I for the 21st Century Space Launch Complex Initiative. Requires the Administrator to report to Congress on the plan for the implementation of such Initiative.
Subtitle E: Commercial Crew Transportation - (Sec. 241) Affirms a specified policy concerning the use and development of U.S. commercially provided ISS crew transportation and crew rescue services.
(Sec. 242) Directs NASA to seek to make use of commercial space services, including services for transporting U.S. government astronauts to and from the ISS.
Requires the Administrator to establish requirements, standards, and processes for the human rating of space transportation systems that are equivalent to NASA safety processes and procedures.
Makes NASA-developed technologies available for transfer to potential U.S. commercial orbital human space transportation companies.
Instructs the Administrator to: (1) make available NASA facilities and equipment to assist in the testing of commercial crew transportation systems; and (2) provide technical assistance and access to facilities to the commercial space sector.
Requires any companies seeking to provide commercial crew transportation services under contract to NASA to enter into an arrangement with NASA allowing NASA to obtain ongoing insight into the practices employed in the development of a commercial crew transportation system. Allows NASA to offer early warning of conditions that could lead NASA to withhold certification of such systems for the flight of U.S. government personnel or to decline entering into a contract for services.
Requires the Administrator to certify that a commercial ISS crew transportation and crew rescue service provider with which a contract is planned has demonstrated the safety and reliability of its systems for crew transportation and crew rescue. Requires provision to Congress of each such individual certification.
Prohibits the Administrator from contracting with or committing U.S. government funds for a commercial ISS crew transportation or rescue service to a service provider until sufficient successful flight experience has been accrued by the provider's system in providing NASA with the safety-related and reliability-related data and information needed to determine whether to fly its astronauts on that system.
Instructs the Administrator to take specified actions to facilitate the ability of commercial crew transportation providers to comply with NASA human spaceflight safety and reliability requirements, including establishing minimum acceptable safety levels.
Directs the Aerospace Safety Advisory Panel to review and identify issues pertinent to the establishment of human-rating requirements, standards, and processes for commercial crew transportation and rescue systems that are proposed for the transport of U.S. astronauts.
Bars the Administrator from proceeding with a request for proposals, awarding any contract, or committing any U.S. government funds for a commercial ISS crew transportation or rescue service until all indemnification and liability issues associated with the use of such systems by the government have been addressed and Congress has been provided a report describing the indemnification and liability provisions to be included in such contracts.
Prohibits the Administrator from awarding any contract or committing any U.S. government funds for a commercial ISS crew transportation system service unless it has a predicted level of safety that is not less than that specified for the government-owned crew transportation system under the restructured exploration program.
(Sec. 243) Directs the Administrator to establish a program to provide direct loans or loan guarantees to commercial entities for the costs of developing orbital human space transportation systems.
Permits a loan or loan guarantee to be made under the program only: (1) for a project in the United States for the development of commercial orbital human space transportation systems that would be used to provide transportation services to and from low-Earth orbit; and (2) for a borrower who is determined to be eligible under specified criteria.
Sets forth requirements regarding the terms and conditions and fees respecting such loans or loan guarantees. Requires the Administrator to consider the amount of an obligation in charging and collecting fees.
Requires: (1) the Administrator to enter into an arrangement with an independent auditor for annual evaluations of the program; (2) a biennial review by the GAO of the Administrator's execution of the program; and (3) submission directly to Congress of such independent audit and annual reviews.
Requires the Administrator to report annually to Congress summarizing all of the activities carried out under the program.
Subtitle F: General Provisions - Requires funds authorized for programs under this title to be obligated only for the performance of those programs.
Title III: Science - Subtitle A: Earth Science - (Sec. 301) Requires NASA to develop guidelines and procedures for entering into arrangements with state, local, regional, tribal, and other federal government agencies seeking to benefit from ongoing NASA technical information, capabilities, and support related to Earth science applications and decision support systems. Instructs that such guidelines and procedures define arrangements for the reimbursement of government services, as appropriate, including the use of NASA spacecraft and aircraft, sensors, equipment, facilities, and associated personnel.
(Sec. 302) Directs the Administrator to arrange with the National Academies for a study to provide a prioritized list of the essential space-based Earth science and climate measurements that should be collected with space-based means and maintained and archived by the federal government on a continuous basis. Provides for the identification of which measurements could potentially be obtained through international partnerships, from data purchases or other arrangements with private or commercial entities, or from other relevant sources.
(Sec. 303) Directs the Administrator to organize a workshop to identify the essential criteria for a pilot project for the purchase of commercial remote sensing data to support Earth science research and for applied uses of such data to address state, local, regional, and tribal needs.
Requires the Administrator to establish a pilot project for the provision of commercial remote sensing data to serve research and applied uses of such data to serve state, local, regional, and tribal needs.
(Sec. 304) Requires the Administrator to report on the extent and degree to which NASA's temperature records overlap with the records at the Climatic Research Unit at the University of East Anglia in the United Kingdom.
Subtitle B: Space Science - (Sec. 311) Requires the Administrator to ensure the designation of an individual to lead NASA's suborbital and airborne program and who who shall report directly to the Associate Administrator of the Science Mission Directorate.
Requires the Administrator to provide Congress with a strategic plan to support the full and productive use of NASA's suborbital and airborne assets as a foundation in meeting its scientific research, engineering, workforce development, and education goals and objectives.
Expands opportunities within NASA's suborbital programs for the training of science and engineering students and for providing professional development for early career professionals.
(Sec. 312) Directs the Administrator to arrange with the National Academies for a review of the Explorers Program to address: (1) existing or recent Program elements such as NASA's University Class Explorer (UNEX), Small Explorer (SMEX), and Medium Class Explorer (MIDEX); (2) the status and availability of launch vehicles and infrastructure to support those elements; (3) projected launch capabilities and facilities for Explorers; (4) the frequency and balance of Explorer missions; (5) the opportunities and challenges for partner participation in Explorer missions; and (6) Explorer's contributions to a robust space science program.
(Sec. 313) Requires an analysis of NASA requirements for radioisotope power system material which is needed to carry out planned, high priority robotic missions in the solar system and other surface exploration activities beyond low-Earth orbit.
Title IV: Aeronautics - (Sec. 401) Amends the National Aeronautics and Space Administration Authorization Act of 2008 to instruct the Administrator to develop a plan and associated timetable for the environmentally friendly aircraft research and development initiative, identifying key milestones, including projected flight demonstrations to validate vehicle and technology concepts in a relevant environment.
(Sec. 402) Requires the review, at least annually, of the alignment and timing of NASA's research and development activities supporting the NextGen airspace management modernization initiative.
(Sec. 403) Directs the Administrator to initiate research on aircraft cabin air quality that complements research conducted by the Federal Aviation Administration (FAA) and its Center of Excellence on Research in the Intermodal Transport Environment.
(Sec. 404) Directs the Administrator to study the feasibility of establishing a project focused on the development of a low-cost on-board volcanic ash sensor system, the specifications of which shall include the consideration of opportunities for both national and international collaborations.
(Sec. 405) Expresses the sense of Congress concerning the deterioration of NASA's aeronautics ground test facilities. Requires the development of a plan for stabilizing, and where possible, reversing the deterioration of such facilities. Urges NASA to seek the establishment of strategic partnerships with other federal agencies, academic institutions, and industry in ensuring continued access to reliable and efficient national-class test capabilities by researchers.
(Sec. 406) Requires the expansion of NASA's research program on composite materials used in aerospace to address: (1) progressive damage analysis, aging, inspection techniques, and new manufacturing and repair techniques; and (2) ways of mitigating how the environment, operating fluids, and mechanical loads interact with composite materials over time.
Title V: Space Technology - (Sec. 501) Directs the Administrator to establish a space technology program to enable research and development on advanced space technologies and systems that are independent of specific space mission flight projects.
Instructs the Administrator, in establishing the program, to: (1) support the development of an organization to investigate innovative concepts for technological approaches, systems, architectures, or mission strategies; (2) make use of small satellites and NASA suborbital platforms to demonstrate space technology concepts and developments; and (3) undertake partnerships with other federal agencies, universities, private industry, and other spacefaring nations, as appropriate.
Requires the Administrator to arrange with the National Academies for a decadal survey study on research and development priorities for such program and which shall include an identification and prioritization of the key technology research and development activities needed to enable a robust exploration technology program.
Title VI: Education and Outreach - (Sec. 601) Directs the Administrator to conduct and coordinate educational and training activities that leverage NASA's unique content expertise and facilities to contribute toward improvement of science, technology, engineering, and mathematics (STEM) education and training at all levels and to enhance awareness and understanding of STEM, including space and Earth sciences, aeronautics, and engineering, in order to create a diverse skilled scientific and technical workforce.
Requires the Administrator to carry out evidence-based programs designed to: (1) increase student interest and participation (including by women, underrepresented minority students, and students in rural schools); (2) improve public literacy and support; and (3) improve the teaching and learning of space and Earth sciences, aeronautics, engineering, and other STEM disciplines supported by NASA. Authorizes such programs to include grants for institutions of higher education, with special consideration for minority serving institutions, to establish or expand degree programs or courses in such STEM disciplines.
Requires the appointment or designation of a Director of STEM Education to oversee and coordinate all NASA programs and activities in support of STEM education and training.
Requires the Director of STEM education to implement and update a STEM education and training strategic plan for NASA which identifies and prioritizes annual and long-term STEM education and training goals and objectives for NASA.
Instructs the Administrator to seek to ensure that program participants include minority and underrepresented groups, including students from high-need local education agencies.
(Sec. 602) Directs the Administrator to arrange for an independent assessment of impediments to space science and engineering workforce development for minority and underrepresented groups at NASA.
(Sec. 603) Expresses the sense of the Congress concerning the enhancement of the National Space Grant College and Fellowship Program.
Directs the Administrator to arrange with the National Academies for a review of such Program, including its structure and capabilities for supporting STEM education and training.
(Sec. 604) Directs the Administrator to carry out a pilot program under which pilot projects shall be selected to test new forms of collaborative and hands-on education and training projects related to aeronautics, exploration, science, space operations, and human spaceflight that serve to stimulate and engage students in science and engineering, and which shall emphasize engineering and technology-related education and training. Specifies the students who shall or may be participants in such projects.
Instructs the Administrator to make it an emphasis of the pilot projects to seek the involvement of participants from underserved and underrepresented minority populations.
Ensures the availability and accessibility of platforms to fly and launch student projects into space.
Requires the Administrator to organize: (1) a forum for students and other participants in the pilot projects to discuss and present their work and to engage with other students and young professionals involved in ongoing collaborative and hands-on training activities related to space science and engineering, aeronautics, space exploration, and human spaceflight; and (2) a workshop or workshops involving pilot project teams to collect information on the results of the pilot projects and to identify lessons-learned and best practices.
Authorizes appropriations for FY2011-FY2014 to carry out such pilot projects.
Title VII: Institutional Capabilities Revitalization - (Sec. 701) Instructs the Administrator to develop a strategy for maintaining, upgrading, and modernizing NASA's laboratories, facilities, and equipment, including : (1) criteria for prioritizing deferred maintenance tasks; and (2) an assessment of the modifications needed to maximize usage of facilities that offer unique and highly specialized benefits to the aerospace industry and the American public.
Establishes a capital fund at each of NASA's field centers for the modernization of facilities and laboratories.
Instructs the Administrator to ensure that all financial savings achieved by closing outdated or surplus facilities at a field center be available to that center's capital fund for the modernization of facilities and laboratories and for upgrading infrastructure.
(Sec. 702) Authorizes the Administrator to establish a national cooperative education program, to be known as the James E. Webb Cooperative Education Distinguished Scholar Program, to complement existing NASA Center-administered cooperative education initiatives.
Requires the Administrator to encourage and seek applications from American students who are pursuing STEM degrees and who wish to gain working experience at NASA.
Requires such scholars to be provided learning experiences that will enhance their understanding of activities at NASA Centers.
Title VIII: Acquisition Management - (Sec. 801) Amends the National Aeronautics and Space Administration Authorization of 2005 to prohibit the expenditure of any additional funds on a major program, other than termination costs, 18 months after the Administrator determines that the development costs of the program will exceed the estimate provided in the Baseline Report of the program by more than 30%, unless Congress has subsequently authorized continuation of the program by law.
(Sec. 802) Requires the Administrator to issue a report describing NASA's criteria for establishing the amount of reserves at project and program levels and how such criteria complements NASA's policy of budgeting at a 70% confidence level.
(Sec. 803) Requires the Administrator to report on NASA's procedures for conducting independent reviews of projects and programs at lifecycle milestones and how NASA ensures the independence of the individuals who conduct those reviews.
(Sec. 804) Requires the Administrator to revise the NASA Supplement to the Federal Acquisition Regulation to provide uniform guidance and tighten existing requirements for preventing organizational conflicts of interest by contractors in major acquisition programs.
(Sec. 805) Requires the Administrator to annually transmit to Congress an estimate of the total termination liability for all NASA contracts having a total value in excess of $200 million.
Title IX: Other Provisions - (Sec. 901) Requires GAO, within one year after NASA has entered into a contract for its first use of a non-federal cloud computing facility, to report on whether sensitive but unclassified and classified NASA information was processed on such facility and how NASA ensured that data access and security requirements were in place to safeguard NASA's scientific and technical information.
Defines "cloud computing" to mean a model for enabling convenient, on-demand network access to a shared pool of configurable computing resources that can be rapidly provisioned with minimal management effort or service provider interaction.
(Sec. 902) Requires a GAO review of NASA's processes and controls for the detection and prevention of the use of counterfeit parts in NASA mission projects and related assets.
(Sec. 903) Requires the Director of the Office of Science and Technology Policy (OSTP) to enter into a dialogue to identify the questions and research needed to understand: (1) the potential adverse impacts of various uses of the Moon on scientific research activities; (2) the potential adverse impacts of such various uses on lunar sites of historical, cultural, or scientific value; and (3) how to prevent or mitigate those impacts.
Requires the Administrator to establish a grants program for the conduct of research to identify and characterize potential impacts related to lunar activities and describing the potential means for managing and mitigating such impacts.
Requires the Director to initiate an effort to establish an international framework for the identification, protection, and preservation of lunar sites of significant historical, cultural, or scientific value.
(Sec. 904) Reaffirms the finding in the Land Remote Sensing Policy Act of 1992 with respect to the continuous collection and utilization of land remote sensing data from space.
Requires the Director of OSTP to consult with other relevant federal agencies to ensure the continuous collection of space-based medium-resolution observations of the Earth's land cover and to make the data collected available in ways that facilitate its widest possible use.
(Sec. 905) Requires the Director of OSTP to prepare a long-term strategy for a sustainable space weather program.
Requires such Director to arrange with the National Academies for an assessment of the status of the capabilities for space weather prediction and to recommend the highest priority basic research, infrastructure, and operational needs required to improve the nation's ability to predict space weather events.
(Sec. 906) Instructs the Administrator to prepare a plan describing the processes required to support the use of commercial reusable suborbital flight vehicles to carry out scientific and engineering investigations and educational activities.
Requires: (1) an assessment and characterization of the potential capabilities and performance of commercial reusable suborbital vehicles for addressing scientific research for carrying out technology demonstrations related to science, exploration, or space operations requirements, and for providing opportunities for the education and training of space scientists and engineers; and (2) such assessment to also characterize the risks of using potential commercial reusable suborbital flights.
Requires the Administrator to 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. Makes such designee responsible for the development of strategic plans related to the use of commercial reusable suborbital vehicles.
Establishes within the Space Technology Program the Commercial Reusable Suborbital Research Program to fund the development of payloads for scientific research, technology development, and education and to provide flight opportunities for those payloads to microgravity environments and suborbital altitudes. Permits such Research Program to fund engineering and integration demonstrations, proofs of concept, or experiments for commercial reusable vehicle flights.
Requires the Administrator to submit annual reports to Congress describing the progress being made in the carrying out such Program.
Bars the Administrator from proceeding with a request for proposals, awarding any contract, commiting any U.S. government funds, or entering into any other agreement to provide a commercial reusable suborbital vehicle launch service for a NASA-sponsored payload or spaceflight participant until all indemnification and liability issues associated with the use of such systems by the U.S. government have been addressed and Congress has been provided with a report on the indemnification and liability provisions that are planned to be included in those contracts or agreements.
(Sec. 907) Requires the Director of OSTP to study the need for a process for granting real-time, limited waivers of export control license restrictions or regulations that are necessary for U.S. government entities and contractors to enter into technical discussions and share technical data with foreign government entities and contractors to resolve anomalies that may: (1) threaten the safety of U.S. astronauts aboard cooperative crewed spacecraft such as the ISS; or (2) impair the operations of international civil research and other spacecraft that involve U.S. national interests.
(Sec. 908) Amends the National Aeronautics and Space Act of 1958 to allow retired commissioned military personnel to be appointed as the Administrator or Deputy Administrator of NASA.
(Sec. 909) Directs the Administrator to designate a responsible official to coordinate NASA's NEO observation activities and interactions with other federal agencies and international entities on NEO surveys, defense, and efforts related to addressing any threats to the United States posed by NEOs.
Reaffirms policy with respect to the Near-Earth Object Survey and threats posed by NEOs.
Reiterates congressional support for the use of Arecibo Observatory in Puerto Rico for NASA-funded NEO-related activities. Ensures the availability of the Observatory's planetary radar to support such activities.
Provides a specified amount from the funds authorized for planetary science in title I for FY2012-FY2013 for the support of grants for the investigation of innovative approaches for carrying out the congressionally mandated survey of NEOs equal to or greater than 140 meters in diameter.
(Sec. 910) Expresses the sense of the Congress that NASA endeavor to carry out the top recommendation in each mission area from the decadal survey.
(Sec. 911) Reminds the legal staff of the Office of General Counsel of NASA that as government attorneys they have a special obligation to instruct NASA's staff on compliance with applicable federal law and regulations.
Requires all NASA counsel to biennially receive ethics training in the legal obligations of government attorneys.
Prohibits the General Counsel of NASA from serving as NASA's designated ethics officer.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5781 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 5781
To authorize the programs of the National Aeronautics and Space
Administration, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 20, 2010
Mr. Gordon of Tennessee (for himself, Mr. Hall of Texas, Ms. Giffords,
and Mr. Olson) introduced the following bill; which was referred to the
Committee on Science and Technology
_______________________________________________________________________
A BILL
To authorize the programs of the National Aeronautics and Space
Administration, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``National
Aeronautics and Space Administration Authorization Act of 2010''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
TITLE I--AUTHORIZATION OF APPROPRIATIONS
Sec. 101. Fiscal year 2011.
Sec. 102. Fiscal year 2012.
Sec. 103. Fiscal year 2013.
Sec. 104. Fiscal year 2014.
Sec. 105. Fiscal year 2015.
TITLE II--HUMAN SPACE FLIGHT
Subtitle A--Exploration
Sec. 201. Reaffirmation of exploration policy.
Sec. 202. Restructured Exploration program.
Sec. 203. Space radiation.
Subtitle B--International Space Station
Sec. 211. Extension of ISS operations.
Sec. 212. ISS research management institution.
Sec. 213. ISS research management plan.
Sec. 214. Outreach plan for United States ISS research.
Sec. 215. ISS cargo resupply requirements and contingency capacity
through 2020.
Sec. 216. Centrifuge.
Sec. 217. Exploration technology development using the ISS.
Sec. 218. Fundamental space life science and physical sciences and
related technology research.
Subtitle C--Space Shuttle
Sec. 221. Expanded scope of Space Shuttle Transition Liaison Office.
Sec. 222. Post-Shuttle workforce transition initiative grant program.
Sec. 223. Disposition of orbiter vehicles.
Subtitle D--Space and Flight Support
Sec. 231. 21st Century Space Launch Complex Initiative.
Subtitle E--Commercial Crew Transportation
Sec. 241. Affirmation of policy.
Sec. 242. Commercial crew and related commercial space initiatives.
Sec. 243. Federal assistance for the development of commercial orbital
human space transportation services.
TITLE III--SCIENCE
Subtitle A--Earth Science
Sec. 301. Earth science applications.
Sec. 302. Essential space-based Earth science and climate measurements.
Sec. 303. Commercial remote sensing data purchases pilot project.
Subtitle B--Space Science
Sec. 311. Suborbital programs.
Sec. 312. Explorer program.
Sec. 313. Radioisotope thermoelectric generator material requirements
and supply.
TITLE IV--AERONAUTICS
Sec. 401. Environmentally friendly aircraft research and development
initiative.
Sec. 402. Research on NextGen airspace management concepts and tools.
Sec. 403. Research on aircraft cabin air quality.
Sec. 404. Research on on-board volcanic ash sensor systems.
Sec. 405. Aeronautics test facilities.
Sec. 406. Expanded research program on composite materials used in
aerospace.
TITLE V--SPACE TECHNOLOGY
Sec. 501. Space technology program.
TITLE VI--EDUCATION AND OUTREACH
Sec. 601. STEM education and training.
Sec. 602. Assessment of impediments to space science and engineering
workforce development for minority and
underrepresented groups at NASA.
Sec. 603. Independent review of the National Space Grant College and
Fellowship Program.
TITLE VII--INSTITUTIONAL CAPABILITIES REVITALIZATION
Sec. 701. Institutional management.
Sec. 702. James E. Webb Cooperative Education Distinguished Scholar
Program.
TITLE VIII--ACQUISITION MANAGEMENT
Sec. 801. Prohibition on expenditure of funds when 30 percent threshold
is exceeded.
Sec. 802. Project and program reserves.
Sec. 803. Independent reviews.
Sec. 804. Avoiding organizational conflicts of interest in major NASA
acquisition programs.
Sec. 805. Report to Congress.
TITLE IX--OTHER PROVISIONS
Sec. 901. Cloud computing.
Sec. 902. Review of practices to detect and prevent the use of
counterfeit parts.
Sec. 903. Preservation and management of lunar sites.
Sec. 904. Continuity of moderate resolution land imaging remote sensing
data.
Sec. 905. Space weather.
Sec. 906. Use of operational commercial suborbital vehicles for
research, development, and education.
Sec. 907. Study on export control matters related to United States
astronaut safety and NASA mission
operations.
Sec. 908. Amendment to the National Aeronautics and Space Act of 1958.
Sec. 909. Near-Earth objects.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) NASA is and should remain a multimission agency with a
balanced and robust set of core missions in science,
aeronautics, and human space flight and exploration.
(2) NASA's programs have the potential to inspire our youth
to pursue studies and careers in science, technology,
engineering, and mathematics, and the agency should carry out
its activities in a manner that enhances the educational and
outreach potential of its programs.
(3) NASA should begin to reinvest in sustained fashion in a
long-term space technology research and development activity.
Such investments are an important catalyst for innovation, and
they represent the critically important ``seed corn'' on which
NASA's ability to carry out challenging and productive missions
in the future will depend.
(4) The Space Shuttle workforce, both civil servants and
contractors, encompasses skills and experience that will be
needed in the Nation's future human space flight activities,
and the transition of that workforce to a challenging human
space flight and exploration program needs to be carried out in
as expeditious and nondisruptive a manner as possible.
(5) Human and robotic exploration of the solar system will
be a significant undertaking of humanity in the 21st century
and beyond, and it is in the national interest that the United
States should assume a leadership role in a cooperative
international exploration initiative. Continuity of exploration
goals is critical if progress is to be maximized and costly
inefficiencies are to be minimized.
(6) Commercial activities have long contributed to the
vitality and strength of the Nation's space and aeronautics
programs, and the growth of a healthy, self-sustaining United
States commercial space and aeronautics sector should continue
to be encouraged.
(7) Congress agrees with the finding of the Review of
United States Human Spaceflight Plans Committee that: ``While
there are many potential benefits of commercial services that
transport crew to low-Earth orbit, there are simply too many
risks at the present time not to have a viable fallback option
for risk mitigation.''.
(8) It is in the national interest for the United States
Government to develop a government system to serve as an
independent means--whether primary or backup--of crewed access
to low-Earth orbit and beyond so that it is not dependent on
either non-United States or commercial systems for its crewed
access to space.
(9) Development of the next crewed space transportation
system to low-Earth orbit should be guided by the Columbia
Accident Investigation Board's recommendation that ``the design
of the system should give overriding priority to crew safety,
rather than trade safety against other performance criteria,
such as low cost and reusability''.
(10) In an environment of constrained budgets, responsible
stewardship of taxpayer-provided resources makes it imperative
that NASA's exploration program be carried out in a manner that
builds on the investments made to date in the Orion, Ares I,
and heavy lift projects and other activities of the exploration
program in existence prior to fiscal year 2011 rather than
discarding them. A restructured exploration program should
pursue the incremental development and demonstration of crewed
and heavy-lift transportation systems in a manner that ensures
that investments to provide assured access to low-Earth orbit
also directly support the expeditious development of the heavy
lift launch vehicle system, minimize the looming human space
flight ``gap'', provide a very high level of crew safety, and
enable challenging missions beyond low-Earth orbit in a timely
manner.
(11) NASA's programs in astrophysics, heliophysics,
planetary science, and Earth science and climate research have
greatly increased our understanding of both our home planet and
the rest of the universe, and they have also provided numerous
benefits to our society.
(12) NASA's aeronautics program is undertaking research and
development that benefits our economic development and
competitiveness, enhances our quality of life and enables
environmentally responsible aviation operations, and
strengthens our national defense.
(13) The ISS provides a unique research environment and
capabilities for basic and applied research, as well as having
the potential to serve as a testbed for human space flight
technologies and operational concepts. It is critically
important that NASA make needed investments to promote
productive ISS utilization, including a meaningful program of
grants in the life and physical sciences microgravity research
disciplines.
(14) It is in the national interest for the United States
to have an export control policy that protects the national
security while also enabling the United States aerospace
industry to compete effectively in the global marketplace and
the United States to undertake cooperative programs in science
and human space flight in an effective manner.
(15) A strong, robust NASA program is in the national
interest. Ensuring that it can continue to pursue cutting-edge
space and aeronautical research and development activities and
push back the frontier of space exploration requires a
sustained and adequate commitment in resources. However, NASA's
share of the Federal discretionary budgetary authority has
declined significantly relative to its post-Apollo historical
average share of 2.07 percent. It should be a national goal to
restore NASA's funding share to its post-Apollo historical
average.
(16) NASA should be vigilant in taking all necessary steps
to control cost and schedule growth in mission projects,
including the development of an integrated cost containment
strategy, and adopt measures that improve the performance and
transparency of its cost and acquisition management practices.
NASA should approach cost and schedule management with the same
level of innovation, rigor, and technical excellence that it
applies to the execution of its mission projects.
(17) NASA has been inconsistent in its treatment of
termination liability costs for contracts issued by different
mission directorates and across various agency programs
relative to historical practice. This inconsistency has
hampered NASA's ability to effectively execute its Exploration
programs.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of NASA.
(2) ISS.--The term ``ISS'' means the International Space
Station.
(3) NASA.--The term ``NASA'' means the National Aeronautics
and Space Administration.
(4) NOAA.--The term ``NOAA'' means the National Oceanic and
Atmospheric Administration.
(5) OSTP.--The term ``OSTP'' means the Office of Science
and Technology Policy.
TITLE I--AUTHORIZATION OF APPROPRIATIONS
SEC. 101. FISCAL YEAR 2011.
There are authorized to be appropriated to the Administrator for
fiscal year 2011 $19,000,000,000, to be allocated as follows:
(1) For Science, $5,015,700,000, of which--
(A) $1,801,800,000 shall be for Earth Science;
(B) $1,485,700,000 shall be for Planetary Science;
(C) $1,076,300,000 shall be for Astrophysics;
(D) $646,900,000 shall be for Heliophysics, of
which $5,000,000 shall be an augmentation to the
Explorers program; and
(E) $5,000,000 shall be an augmentation to the
total amount provided under subparagraphs (C) and (D)
for Astrophysics and Heliophysics in order to augment
the funding for the Science Mission Directorate's
suborbital research programs, to be allocated between
the Astrophysics and Heliophysics suborbital programs
at the Administrator's discretion.
(2) For Aeronautics, $579,600,000.
(3) For Space Technology, $572,200,000, of which $1,000,000
shall be for the Commercial Reusable Suborbital Research
project for defining user requirements and identifying,
assessing, and characterizing commercial reusable suborbital
vehicle capabilities and risks for use as potential research
and development platforms.
(4) For Exploration, $4,535,300,000 of which--
(A) $215,000,000 shall be for Human Research;
(B) $14,000,000 shall be for the Commercial Orbital
Transportation System demonstration program;
(C) $50,000,000 shall be for commercial crew
transportation-related activities;
(D) $4,156,300,000 shall be for the restructured
exploration program described in section 202; and
(E) $100,000,000 shall be for the loan and loan
guarantee program described in section 243.
(5) For Space Operations, $4,594,300,000, of which--
(A) $989,100,000 shall be for the Space Shuttle
program;
(B) $2,804,800,000 shall be for the ISS, of which
$75,000,000 shall be for fundamental space life science
and physical sciences and related technology research
using ground-based, free-flyer, and ISS facilities,
including ISS National Laboratory research;
(C) $60,000,000 shall be for the Post-Shuttle
Workforce Transition Initiative grant program described
in section 222; and
(D) $740,400,000 shall be for Space and Flight
Support, of which $50,000,000 shall be for the 21st
Century Launch Complex Initiative.
(6) For Education, $145,800,000.
(7) For Cross-Agency Support Programs, $3,111,400,000.
(8) For Construction and Environmental Compliance and
Restoration, $407,300,000, of which $10,000,000 is an
augmentation to the President's requested funding level in
order to support the NASA laboratory revitalization initiative
described in section 701.
(9) For Inspector General, $38,400,000.
SEC. 102. FISCAL YEAR 2012.
There are authorized to be appropriated to the Administrator for
fiscal year 2012 $19,450,000,000, to be allocated as follows:
(1) For Science, $5,278,600,000 of which--
(A) $1,944,500,000 shall be for Earth Science;
(B) $1,547,200,000 shall be for Planetary Science;
(C) $1,109,300,000 shall be for Astrophysics;
(D) $672,600,000 shall be for Heliophysics, of
which $25,000,000 shall be an augmentation to the
Explorers program; and
(E) $5,000,000 shall be an augmentation to the
total amount provided under subparagraphs (C) and (D)
for Astrophysics and Heliophysics in order to augment
the funding for the Science Mission Directorate's
suborbital research programs, to be allocated between
the Astrophysics and Heliophysics suborbital programs
at the Administrator's discretion.
(2) For Aeronautics, $598,700,000, of which $78,900,000
shall be for the Aviation Safety Program, $80,400,000 shall be
for the Aeronautics Test Program, $83,900,000 shall be for the
Airspace Systems Program, $233,500,000 shall be for Fundamental
Aeronautics, and $122,000,000 shall be for Integrated Systems
Research.
(3) For Space Technology, $1,012,200,000, of which
$1,000,000 shall be for the Commercial Reusable Suborbital
Research project.
(4) For Exploration, $4,881,800,000 of which--
(A) $215,000,000 shall be for Human Research;
(B) $50,000,000 shall be for commercial crew
transportation-related activities;
(C) $4,516,800,000 shall be for the restructured
exploration program described in section 202; and
(D) $100,000,000 shall be for the loan and loan
guarantee program described in section 243.
(5) For Space Operations, $3,930,300,000, of which--
(A) $86,100,000 shall be for the Space Shuttle
program;
(B) $3,033,600,000 shall be for the ISS, of which
$100,000,000 shall be for fundamental space life
science and physical sciences and related technology
research using ground-based, free-flyer, and ISS
facilities, including ISS National Laboratory research;
(C) $40,000,000 shall be for the Post-Shuttle
Workforce Transition Initiative grant program described
in section 222; and
(D) $770,600,000 shall be for Space and Flight
Support, of which $50,000,000 shall be for the 21st
Century Launch Complex Initiative.
(6) For Education, $145,800,000.
(7) For Cross-Agency Support Programs, $3,189,600,000.
(8) For Construction and Environmental Compliance and
Restoration, $373,800,000, of which $10,000,000 is an
augmentation to the President's requested level in order to
support the NASA laboratory revitalization initiative described
in section 701.
(9) For Inspector General, $39,200,000.
SEC. 103. FISCAL YEAR 2013.
There are authorized to be appropriated to the Administrator for
fiscal year 2013 $19,960,000,000, to be allocated as follows:
(1) For Science, $5,569,500,000, of which--
(A) $2,089,500,000 shall be for Earth Science;
(B) $1,591,200,000 shall be for Planetary Science;
(C) $1,149,100,000 shall be for Astrophysics;
(D) $734,700,000 shall be for Heliophysics, of
which $55,000,000 shall be an augmentation to the
Explorers program; and
(E) $5,000,000 shall be an augmentation to the
total amount provided under subparagraphs (C) and (D)
for Astrophysics and Heliophysics in order to augment
the funding for the Science Mission Directorate's
suborbital research programs, to be allocated between
the Astrophysics and Heliophysics suborbital programs
at the Administrator's discretion.
(2) For Aeronautics, $609,400,000, of which $81,200,000
shall be for the Aviation Safety Program, $79,600,000 shall be
for the Aeronautics Test Program, $87,300,000 shall be for the
Airspace Systems Program, $239,000,000 shall be for Fundamental
Aeronautics, and $122,300,000 shall be for Integrated Systems
Research.
(3) For Space Technology, $1,059,700,000.
(4) For Exploration, $4,888,500,000 of which--
(A) $215,000,000 shall be for Human Research;
(B) $5,000,000, shall be for the Exploration
Technology and Demonstration program;
(C) $5,000,000 shall be for the Exploration
Precursor Robotic Missions program;
(D) $50,000,000 shall be for commercial crew
transportation-related activities;
(E) $4,513,500,000 shall be for the restructured
exploration program described in section 202; and
(F) $100,000,000 shall be for the loan and loan
guarantee program described in section 243.
(5) For Space Operations, $3,993,300,000, of which--
(A) $3,179,400,000 shall be for the ISS, of which
$100,000,000 shall be for fundamental space life
science and physical sciences and related technology
research using ground-based, free-flyer, and ISS
facilities, including ISS National Laboratory research;
(B) $40,000,000 shall be for the Post-Shuttle
Workforce Transition Initiative grant program described
in section 222; and
(C) $773,900,000 shall be for Space and Flight
Support, of which $50,000,000 shall be for the 21st
Century Launch Complex Initiative.
(6) For Education, $145,800,000.
(7) For Cross-Agency Support Programs, $3,276,800,000.
(8) For Construction and Environmental Compliance and
Restoration, $376,900,000, of which $10,000,000 is an
augmentation to the President's requested funding level in
order to support the NASA laboratory revitalization initiative
described in section 701.
(9) For Inspector General, $40,100,000.
SEC. 104. FISCAL YEAR 2014.
There are authorized to be appropriated to the Administrator for
fiscal year 2014 $20,600,000,000, to be allocated as follows:
(1) For Science, $5,794,800,000, of which--
(A) $2,216,600,000 shall be for Earth Science;
(B) $1,635,100,000 shall be for Planetary Science;
(C) $1,158,700,000 shall be for Astrophysics;
(D) $779,400,000 shall be for Heliophysics, of
which $75,000,000 shall be an augmentation to the
Explorers program; and
(E) $5,000,000 shall be an augmentation to the
total amount provided under subparagraphs (C) and (D)
for Astrophysics and Heliophysics in order to augment
the funding for the Science Mission Directorate's
suborbital research programs, to be allocated between
the Astrophysics and Heliophysics suborbital programs
at the Administrator's discretion.
(2) For Aeronautics, $615,100,000, of which $81,900,000
shall be for the Aviation Safety Program, $81,400,000 shall be
for the Aeronautics Test Program, $88,300,000 shall be for the
Airspace Systems Program, $246,000,000 shall be for Fundamental
Aeronautics, and $117,500,000 shall be for Integrated Systems
Research.
(3) For Space Technology, $1,063,900,000.
(4) For Exploration, $5,106,800,000 of which--
(A) $215,000,000 shall be for Human Research;
(B) $10,000,000 shall be for the Exploration
Technology and Demonstration program;
(C) $10,000,000 shall be for the Exploration
Precursor Robotic Missions program;
(D) $50,000,000 shall be for commercial crew
transportation-related activities;
(E) $4,721,800,000 shall be for the restructured
exploration program described in section 202; and
(F) $100,000,000 shall be for the loan and loan
guarantee program described in section 243.
(5) For Space Operations, $4,062,600,000, of which--
(A) $3,271,900,000 shall be for the ISS, of which
$125,000,000 shall be for fundamental space life
science and physical sciences and related technology
research using ground-based, free-flyer, and ISS
facilities, including ISS National Laboratory research;
and
(B) $790,700,000 shall be for Space and Flight
Support, of which $50,000,000 shall be for the 21st
Century Launch Complex Initiative.
(6) For Education, $145,800,000.
(7) For Cross-Agency Support Programs, $3,366,500,000.
(8) For Construction and Environmental Compliance and
Restoration, $403,500,000, of which $10,000,000 is an
augmentation to the President's requested funding level in
order to support the NASA laboratory revitalization initiative
described in section 701.
(9) For Inspector General, $41,000,000.
SEC. 105. FISCAL YEAR 2015.
There are authorized to be appropriated to the Administrator for
fiscal year 2015 $20,990,000,000, to be allocated as follows:
(1) For Science, $5,899,000,000 of which--
(A) $2,282,200,000 shall be for Earth Science;
(B) $1,654,400,000 shall be for Planetary Science;
(C) $1,131,600,000 shall be for Astrophysics;
(D) $825,800,000 shall be for Heliophysics, of
which $75,000,000 shall be an augmentation to the
Explorers program; and
(E) $5,000,000 shall be an augmentation to the
total amount provided under subparagraphs (C) and (D)
for Astrophysics and Heliophysics in order to augment
the funding for the Science Mission Directorate's
suborbital research programs, to be allocated between
the Astrophysics and Heliophysics suborbital programs
at the Administrator's discretion.
(2) For Aeronautics, $625,300,000, of which $82,700,000
shall be for the Aviation Safety Program, $82,200,000 shall be
for the Aeronautics Test Program, $91,400,000 shall be for the
Airspace Systems Program, $250,000,000 shall be for Fundamental
Aeronautics, and $119,000,000 shall be for Integrated Systems
Research.
(3) For Space Technology, $1,217,900,000.
(4) For Exploration, $5,157,900,000 of which--
(A) $215,000,000 shall be for Human Research;
(B) $30,000,000 shall be for the Exploration
Technology and Demonstration program;
(C) $30,000,000 shall be for the Exploration
Precursor Robotic Missions program;
(D) $50,000,000 shall be for commercial crew
transportation-related activities;
(E) $4,732,900,000 shall be for the restructured
exploration program described in section 202; and
(F) $100,000,000 shall be for the loan and loan
guarantee program described in section 243.
(5) For Space Operations, $4,030,500,000, of which--
(A) $3,232,800,000 shall be for the ISS, of which
$125,000,000 shall be for fundamental space life
science and physical sciences and related technology
research using ground-based, free-flyer, and ISS
facilities, including ISS National Laboratory research;
and
(B) $797,700,000 shall be for Space and Flight
Support, of which $50,000,000 shall be for the 21st
Century Launch Complex Initiative.
(6) For Education, $146,800,000.
(7) For Cross-Agency Support Programs, $3,462,200,000.
(8) For Construction and Environmental Compliance and
Restoration, $408,500,000, of which $10,000,000 is an
augmentation to the President's requested funding level in
order to support the NASA laboratory revitalization initiative
described in section 701.
(9) For Inspector General, $41,900,000.
TITLE II--HUMAN SPACE FLIGHT
Subtitle A--Exploration
SEC. 201. REAFFIRMATION OF EXPLORATION POLICY.
Congress reaffirms its support for the exploration policy set forth
in sections 401 and 402 of the National Aeronautics and Space
Administration Authorization Act of 2008 (Public Law 110-422; 122 Stat.
4788-4789).
SEC. 202. RESTRUCTURED EXPLORATION PROGRAM.
(a) Requirements.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall develop a plan to
restructure the exploration program in existence prior to fiscal year
2011 in order to develop and demonstrate in an integrated manner and as
expeditiously and efficiently as practicable a governmentally owned
crew transportation system and heavy lift transportation system that
satisfies the following requirements:
(1) The plan shall make maximum practicable use of the
design, development, and test work completed to date on the
Orion crew exploration vehicle, Ares I crew launch vehicle,
heavy lift launch vehicle system, and associated ground support
and exploration enabling systems and take best advantage of
investments and contracts implemented to date.
(2) The performance capabilities of the crew transportation
system shall be phased in a manner that is consistent with
available and anticipated resources, with the initial
operational goal of having the crew transportation system
developed under this section available to assure crewed access
to low-Earth orbit and the ISS no later than December 31, 2015,
in order to minimize the duration of the United States human
space flight gap following the retirement of the Space Shuttle
fleet. If one or more United States commercial entities are
certified to provide ISS crew transportation and rescue
services, the crew transportation system developed under this
section shall be available as a backup ISS crew transportation
and rescue service as needed but shall not be utilized as the
primary means of ISS crew transportation and rescue or
otherwise compete with the commercial system for ISS crew
transportation and rescue services.
(3) The crewed spacecraft element of the crew
transportation system shall be evolvable on a continuous
development path to support--
(A) ISS crew transportation and rescue capability;
(B) non-ISS missions to, from, and in low-Earth
orbit; and
(C) human missions beyond low-Earth orbit.
(4) The crew transportation system shall be able to serve
as a testbed for demonstrating operations concepts for
exploration missions beyond low-Earth orbit, as well as for
demonstrating technologies and carrying out risk reduction for
the heavy lift launch vehicle development program.
(5) The crew transportation system shall have predicted
levels of safety during ascent to low-Earth orbit, transit, and
descent from low-Earth orbit that are not less than those
required of the Ares I/Orion configuration that has completed
program preliminary design review.
(6) In order to make the most cost-effective use of the
funds available for the restructured exploration program, the
Administrator shall pursue the expeditious and cost-efficient
development of a heavy lift launch system that utilizes the
systems and flight and ground test activities of the crew
transportation system developed under this section to the
maximum extent practicable. In developing the heavy lift launch
vehicle--
(A) the heavy lift launch vehicle shall be sized to
enable challenging missions beyond low-Earth orbit and
evolvable on a continuous development path to enable
the efficient and cost-effective conduct of crewed
missions to the full range of destinations envisioned
in the National Aeronautics and Space Administration
Authorization Act of 2008, namely Lagrangian points,
the Moon, near-Earth objects, and Mars and its moons;
(B) not later than 180 days after the date of
enactment of this Act, the Administrator shall carry
out a review of the heavy lift launch vehicle
requirements needed to support crewed missions to the
full range of destinations envisioned in the National
Aeronautics and Space Administration Authorization Act
of 2008, and shall select an exploration launch vehicle
architecture to meet those requirements;
(C) the development of the heavy lift launch
vehicle authorized in this paragraph shall be completed
as expeditiously as possible within available resources
and shall take maximum benefit from the prior
investments made in the Orion, Ares I, and heavy lift
projects and from investments made in the restructured
program on the development, demonstration, and test of
the crew transportation system; and
(D) the Administrator shall strive to meet the goal
of having the heavy lift launch vehicle authorized in
this paragraph available for operational missions by
the end of the current decade.
(b) Implementation of Restructured Program.--The restructured
exploration program shall be implemented in a manner that--
(1) facilitates the planned transition of Space Shuttle
program personnel to the restructured exploration program upon
the retirement of the Space Shuttle fleet, while providing for
cost effective management and vehicle development;
(2) provides for a robust flight and ground test and
demonstration program;
(3) streamlines program management processes to the maximum
extent practicable while ensuring that the Government's ability
to meet its responsibilities for cost discipline, safety, and
mission assurance is maintained;
(4) working with industry, eliminates unnecessary NASA and
industry institutional infrastructure, other fixed costs,
processes, and oversight, reducing exploration program fixed
costs to the extent practicable and maximizing the program's
affordability;
(5) incentivizes, through innovative management practices,
NASA program and project managers and industry counterparts to
establish and maintain realistic cost and schedule estimates,
and take necessary steps to avoid cost and schedule growth;
(6) seeks to minimize to the extent practicable the
operating costs of the crew transportation system developed
under the restructured exploration program;
(7) enables the restructured exploration program to
undertake in an incremental fashion increasingly challenging
uncrewed and crewed demonstration flights in and beyond low-
Earth orbit;
(8) allows the systems developed under the restructured
exploration program to serve as potential testbeds for the
demonstration of key enabling exploration technologies and
operational capabilities; and
(9) prepares for and enables human missions to a variety of
destinations in the inner solar system, including cislunar
space, the Moon, Lagrangian points, near-Earth objects, and
ultimately Mars and its moons.
(c) Support Systems.--The restructured exploration program shall
continue work on ground systems and other exploration-enabling
technologies and capabilities needed to support the exploration program
as expeditiously as possible within available resources.
(d) International Collaboration.--The Administrator shall explore
potential international collaborations that would enable more ambitious
exploration missions in a timely manner and within available resources
than would otherwise be possible, such as human lunar landings or the
incremental establishment of a lunar research outpost.
SEC. 203. SPACE RADIATION.
(a) Strategy.--The Administrator shall develop a space radiation
mitigation and management strategy and implementation plan that
includes key milestones, a timetable, and estimation of budget
requirements. The strategy shall include a mechanism to coordinate NASA
research, technology, facilities, engineering, operations, and other
functions required to support the strategy and plan. The Administrator
shall transmit the strategy and plan to the Congress not later than 12
months after the date of enactment of this Act.
(b) Space Radiation Research Facilities.--The Administrator, in
consultation with the heads of other appropriate Federal agencies,
shall assess the national capabilities for carrying out critical
ground-based research on space radiation biology, and shall identify
any issues that could affect the ability to carry out that research.
(c) Research on Solar Particle Events.--The Administrator shall
carry out research on solar particle events to improve the predictions
and forecasts of solar particle events that could affect human missions
beyond low-Earth orbit.
Subtitle B--International Space Station
SEC. 211. EXTENSION OF ISS OPERATIONS.
The Administrator shall, in consultation with the ISS partners,
take all necessary measures to support the operation and full
utilization of the International Space Station through at least the
year 2020, if it can continue to be operated safely over that period.
The Administrator shall, in consultation with the ISS partners, seek to
minimize to the extent practicable the operating costs of the ISS.
SEC. 212. ISS RESEARCH MANAGEMENT INSTITUTION.
(a) Designation.--Pursuant to section 507 of the National
Aeronautics and Space Administration Authorization Act of 2005 (42
U.S.C. 16767), the Administrator shall designate an independent,
nonprofit United States institution, based on the result of a
competitive solicitation, for the management of fundamental space life
science and physical sciences and related technology research to be
conducted on the ISS, as well as all research, including United States
commercial research, that is funded by non-NASA United States domestic
entities and carried out on the ISS.
(b) Responsibilities.--The research management institution
designated under subsection (a) shall make recommendations to the
Administrator for--
(1) competitively selecting, prioritizing, and overseeing
United States ISS research projects across all United States
users, sponsors, and disciplines, including domestic entities
other than NASA, seeking to carry out research on the ISS;
(2) establishing a process for governance of United States
ISS research users;
(3) conducting outreach and education to enhance the
utilization of the ISS; and
(4) providing easily accessible information on the United
States capabilities, research facilities, and resources
associated with the United States research use of the ISS.
(c) Deviations.--If the Administrator takes actions that deviate
from the recommendations provided by the research management
institution under subsection (b), the Administrator shall transmit to
the Congress a report explaining the reasons for such deviation.
(d) Other Government Contracts.--Other government agencies engaged
in research and development are authorized to enter into contracts with
the nonprofit organization designated under subsection (a) if it is
determined by those agencies to be beneficial to meeting their mission
requirements for use of the ISS.
SEC. 213. ISS RESEARCH MANAGEMENT PLAN.
(a) In General.--The Administrator, in coordination with the
Associate Administrator for the Space Operations Mission Directorate,
shall require that the institution designated under section 212(a)
prepare for the Administrator a United States ISS research management
plan that--
(1) establishes a process for selecting United States ISS
research;
(2) identifies the expertise and support available to
researchers selected to carry out research on the ISS;
(3) establishes a process for determining allocation
schedules for research to be carried out on the ISS;
(4) establishes a process for accommodating logistical and
transportation requirements for ISS research payloads;
(5) prescribes flight schedules for research payloads to
the ISS (and research materials to be returned to Earth, if
necessary); and
(6) addresses other factors associated with the selection,
management, and oversight of United States ISS research.
(b) Transmittal to Congress.--The plan shall be transmitted to the
Congress not later than 2 years after the date of enactment of this
Act.
SEC. 214. OUTREACH PLAN FOR UNITED STATES ISS RESEARCH.
Not later than 2 years after the date of enactment of this Act, the
Administrator shall transmit to the Congress a plan prepared by the
institution designated under section 212(a) for broadening and
enhancing the outreach to potential United States Government, academic,
and commercial users of the ISS.
SEC. 215. ISS CARGO RESUPPLY REQUIREMENTS AND CONTINGENCY CAPACITY
THROUGH 2020.
(a) In General.--The Administrator shall ensure the availability of
ISS cargo resupply capacity to support the full and productive
utilization and the extended operations of the ISS through the year
2020.
(b) Assessment.--The Administrator shall conduct an assessment of
the ISS cargo resupply capacity required to support the enhanced
research utilization and extended operations of the ISS through 2020.
The assessment shall describe the methodology and assumptions used to
define the cargo requirements and provide a breakdown of the cargo
resupply requirements (upmass and downmass) to support scientific
research, other research and development, operations and maintenance,
crew supplies, and other necessary activities. In addition, the
assessment shall identify the systems to be used for ISS cargo
resupply, the amount of cargo those systems will transport, and the
timeline for cargo resupply services to the ISS.
(c) Additional Resupply Options.--The Administrator shall explore
with ISS partners options for ensuring the provision of needed upmass
to and downmass from the ISS in the event that adequate commercial
cargo resupply capabilities are not available during any extended
period after the date that the Space Shuttle is retired.
SEC. 216. CENTRIFUGE.
(a) Assessment.--The Administrator shall carry out an assessment of
innovative options for deploying a variable-gravity centrifuge on the
ISS. The assessment shall identify the requirements for a variable-
gravity centrifuge to support fundamental and applied research on the
ISS, including research to help mitigate the risk of long-term
spaceflight beyond low-Earth orbit. The assessment shall also--
(1) review the requirements for development, launch, and
operation of the facility on the ISS;
(2) provide an estimate of the potential cost and timeline
for developing and deploying the centrifuge capabilities
evaluated as part of the assessment;
(3) evaluate the status of previous work on development of
an in-flight centrifuge for the ISS and the cost and time that
would be required to complete the work and the launch the
facility; and
(4) identify the potential for international collaboration
and other potential partnerships or innovative acquisition
approaches that could facilitate the development and deployment
of a centrifuge facility for the ISS.
(b) Transmittal to Congress.--The Administrator shall transmit the
assessment described in subsection (a) to the Congress not later than 1
year after the date of enactment of this Act.
SEC. 217. EXPLORATION TECHNOLOGY DEVELOPMENT USING THE ISS.
(a) Plan.--The Administrator shall develop priorities for
technology development, testing, and demonstration activities that
enable and support NASA's long-term plans for exploration beyond low-
Earth orbit and that require the capabilities of the ISS, and shall
develop a plan, including milestones, a schedule, and an estimate of
resource requirements, for carrying out the prioritized activities. The
plan shall be developed for the period of fiscal years 2011 through
2020.
(b) Transmittal to Congress.--The Administrator shall transmit the
plan developed under subsection (a) to the Congress not later than 270
days after the date of enactment of this Act.
SEC. 218. FUNDAMENTAL SPACE LIFE SCIENCE AND PHYSICAL SCIENCES AND
RELATED TECHNOLOGY RESEARCH.
(a) Strategic Plan for Science and Technology Research.--
(1) Development.--The Administrator, in consultation with
academia, other Federal agencies, and other potential
stakeholders, shall develop a strategic plan for carrying out
competitive, peer-reviewed fundamental space life science and
physical sciences and related technology research, including
research on phenomena such as the response of fluids and
materials to reduced gravity environments that need to be
understood in developing exploration-related technologies and
systems. The plan shall--
(A) address the facilities and instrumentation that
would enable and facilitate such research;
(B) be consistent with the priorities and
recommendations established by the National Academies
in its decadal survey of life and microgravity
sciences;
(C) provide a research timeline and identify the
resource requirements for its implementation;
(D) include an estimate of the number of students,
including undergraduate, graduate, and post-doctoral
students, and early-career researchers that would be
supported in carrying out the plan; and
(E) identify--
(i) criteria for the proposed space
research, including--
(I) a justification for the
research to be carried out in the space
microgravity environment;
(II) the use of model systems;
(III) the testing of flight
hardware to understand and ensure its
functioning in the microgravity
environment;
(IV) the use of controls to help
distinguish among the direct and
indirect effects of microgravity, among
other effects of the flight or space
environment;
(V) approaches for facilitating
data collection, analysis, and
interpretation;
(VI) procedures to ensure
repetition of experiments as needed;
and
(VII) support for timely
presentation of the peer-reviewed
results of the research;
(ii) instrumentation required to support
the measurements and analysis of the research
to be carried out under the strategic plan,
including the potential use of instrumentation
developed by other countries and the potential
for a variable-gravity centrifuge to support
the research;
(iii) the capabilities needed to support
direct, real-time communications between
astronauts working on research experiments
onboard the ISS and the principal investigator
on the ground; and
(iv) a process for involving the external
user community in research planning, including
planning for relevant flight hardware and
instrumentation, and for utilization of the
ISS, free flyers, or other research platforms.
(2) Transmittal to congress.--Not later than 1 year after
the date of enactment of this Act, the Administrator shall
transmit the strategic plan developed under paragraph (1) to
the Congress.
(b) Integrated Research Management Organization.--
(1) Responsible official.--
(A) In general.--The Administrator shall ensure
that a responsible official is designated at NASA
headquarters to lead a competitive, integrated basic
and applied research program in fundamental space life
science and physical sciences and related technology.
(B) Responsibilities.--The official designated
under subparagraph (A) shall be responsible for--
(i) leading near-term and long-term
strategic planning pursuant to the research
plan developed under subsection (a);
(ii) ensuring the input of the external
user community in science planning processes;
(iii) ensuring the implementation of an
integrated, multidisciplinary and
interdisciplinary, competitive research program
in fundamental space life and physical sciences
and related technology;
(iv) supporting the appropriate interaction
of research investigators and agency managers
and engineers in planning, designing, testing,
and operations related to such research
projects;
(v) monitoring progress of the program in
achieving the objectives and milestones
identified in the strategic plan developed
under subsection (a)(1); and
(vi) other functions required to support
the research program under this section.
(C) Coordination and communications.--The
Administrator shall ensure that the responsible
official coordinates and communicates the fundamental
space life science and physical sciences and related
technology research activities with relevant entities
within NASA, with the ISS research management
institution designated under section 212(a), and with
other relevant agencies and organizations.
(2) Budget request.--The Administrator shall, as part of
the annual NASA fiscal year budget request--
(A) identify and include a description of research
being carried out pursuant to section 204 of the
National Aeronautics and Space Administration
Authorization Act of 2005 (42 U.S.C. 16633); and
(B) identify the percentage of the total research
budget for ISS research that the research described in
subparagraph (A) represents; and
(C) identify the programs proposed for carrying out
research activities on the ISS and the proposed funding
to support those research programs, including a
breakdown for each of the programs identified of the
funding requested for competitive grants.
Subtitle C--Space Shuttle
SEC. 221. EXPANDED SCOPE OF SPACE SHUTTLE TRANSITION LIAISON OFFICE.
Section 613(b) of the National Aeronautics and Space Administration
Authorization Act of 2008 (42 U.S.C. 17761(b)) is amended--
(1) in paragraph (1), by striking ``Space Shuttle
Transition Liaison Office'' and inserting ``Post-Shuttle
Transition Liaison Office''; and
(2) in paragraph (3), by striking ``2 years after the
completion of the last Space Shuttle flight'' and inserting ``2
years after the award of the final grant under section 222 of
the National Aeronautics and Space Administration Authorization
Act of 2010''.
SEC. 222. POST-SHUTTLE WORKFORCE TRANSITION INITIATIVE GRANT PROGRAM.
(a) Establishment.--
(1) In general.--The Administrator, acting through the
Post-Shuttle Transition Liaison Office established under
section 613(b) of the National Aeronautics and Space
Administration Authorization Act of 2008 (42 U.S.C. 17761(b)),
as amended by section 221, is authorized to make grants for the
establishment, operation, coordination, and implementation of
aerospace workforce and community transition strategies.
(2) Transfer.--The Administrator may transfer amounts made
available under this section to other Federal agencies for the
purpose of assisting in the transition of aerospace workers and
communities adversely affected by the termination of the Space
Shuttle program.
(b) Use of Funds.--A recipient of a grant under subsection (a)
shall use the funds made available through the grant to--
(1) conduct community and business outreach;
(2) develop and implement regional revitialization and
facilities reuse strategies;
(3) support entrepreneurship and new business development
initiatives; and
(4) support workforce retraining.
SEC. 223. DISPOSITION OF ORBITER VEHICLES.
(a) In General.--Upon the termination of the Space Shuttle Program,
the Administrator shall decommission any remaining Space Shuttle
orbiter vehicles according to established safety and historic
preservation procedures prior to their designation as surplus
government property. The orbiter vehicles shall be made available and
located for display and maintenance through a competitive procedure
established pursuant to the disposition plan developed under section
613(a) of the National Aeronautics and Space Administration Act of 2008
(42 U.S.C. 17761(a)), with priority consideration given to eligible
applicants meeting all conditions of that plan which would provide for
the display and maintenance of orbiters at locations with the best
potential value to the public, including where the location of the
orbiters can advance educational opportunities in science, technology,
engineering, and mathematics disciplines, and with an historical
relationship with either the launch, flight operations, or processing
of the Space Shuttle orbiters.
(b) Smithsonian Institution Orbiter.--Notwithstanding the
procedures in subsection (a), the Smithsonian Institution shall be
entitled to receive one of the remaining Space Shuttle orbiter
vehicles. The Administrator shall collaborate with the Secretary of the
Smithsonian Institution to determine which orbiter the Smithsonian
Institution shall receive, and otherwise determine the timing and
procedures of transfer from NASA to the Smithsonian Institution. The
Smithsonian Institution, which, as of the date of enactment of this
Act, houses the Space Shuttle Enterprise, shall determine any new
location for the Enterprise.
(c) Display and Maintenance.--The orbiter vehicles made available
under subsection (a) shall be displayed and maintained through
agreements and procedures established pursuant to section 613(a) of the
National Aeronautics and Space Administration Authorization Act of 2008
(42 U.S.C. 17761(a)).
Subtitle D--Space and Flight Support
SEC. 231. 21ST CENTURY SPACE LAUNCH COMPLEX INITIATIVE.
In carrying out the 21st Century Space Launch Complex Initiative,
the Administrator shall give priority to activities in support of the
program established in section 202.
Subtitle E--Commercial Crew Transportation
SEC. 241. AFFIRMATION OF POLICY.
The Congress affirms the policy of--
(1) making use of United States commercially provided ISS
crew transportation and crew rescue services to the maximum
extent practicable;
(2) limiting, to the maximum extent practicable, the use of
the system developed under section 202 to non-ISS missions once
commercial crew transportation and crew rescue services that
meet safety requirements become operational; and
(3) facilitating, to the maximum extent practicable, the
transfer of NASA-developed technologies to United States
commercial orbital human space transportation companies in
order to help promote the development of commercially provided
ISS crew transportation and crew rescue services.
SEC. 242. COMMERCIAL CREW AND RELATED COMMERCIAL SPACE INITIATIVES.
(a) Commercial Services Opportunities.--NASA shall seek, to the
extent practicable, to make use of commercially available space
services, including commercially available services to transport United
States Government astronauts to and from the ISS, provided that--
(1) those commercial services have demonstrated the
capability to meet NASA-specified ascent, transit, entry, and
ISS proximity operations safety requirements;
(2) the services provider has completed, and NASA has
verified, crewed flight demonstrations or operational flights
that comply with NASA standards, policies, and procedures; and
(3) the per-seat cost to the United States is not greater
than the per-seat cost for the system developed under section
202.
(b) Human-Rating.--The Administrator shall establish requirements,
standards, and processes for the human rating of space transportation
systems that are equivalent to NASA safety processes and procedures.
(c) Technology Transfer.--The Administrator shall make available,
on a nonexclusive basis, NASA-developed technologies for transfer to
potential United States commercial orbital human space transportation
companies. NASA shall determine the appropriate means, through cost-
reimbursable arrangements or other mechanisms, to transfer the
technologies.
(d) Technical Assistance and Facilities.--The Administrator shall
make available, to the extent practicable, NASA facilities and
equipment to assist in the testing and demonstration of commercial crew
transportation systems, including those associated with NASA's safety
and mission assurance activities, such as NASA's Independent
Verification and Validation facility for software verification. The
Administrator shall determine the appropriate means, through cost-
reimbursable arrangements, agreements entered into under section
203(c)(5) of the National Aeronautics and Space Act of 1958 (42 U.S.C.
2473(c)(5)), or other mechanisms, to provide technical assistance and
access to facilities to the commercial space sector.
(e) NASA Insight and Oversight Processes.--Any company that seeks
to provide commercial crew transportation services under contract to
NASA shall enter into an arrangement with NASA that allows NASA to
obtain ongoing insight into the design methodologies, processes,
technologies, test data, and production and quality control practices
employed in the development of the commercial crew transportation
system throughout the development, test, demonstration, and production
phases. NASA may offer early warning of conditions that could lead NASA
to withhold certification of the crew transportation systems for the
flight of United States Government personnel or to decline to enter
into a contract for services. NASA may not require the company to make
changes to its design, technologies, or processes during the
development, test, demonstration, or production phases.
(f) Contracts for Commercially Available ISS Crew Transportation
and Crew Rescue Services.--
(1) Certification of safety and reliability.--Before
entering into a contract for the use of commercially available
commercial crew transportation or crew rescue services for
United States Government astronauts, the Administrator shall
certify that a commercial ISS crew transportation and crew
rescue service provider with which a contract is planned has
demonstrated the safety and reliability of its systems for crew
transportation and crew rescue to be equivalent to NASA-
promulgated safety and reliability policies, procedures, and
standards for human spaceflight. Individual certifications made
under this paragraph shall be provided to the Committee on
Science and Technology of the House of Representatives and to
the Committee on Commerce, Science, and Transportation of the
Senate.
(2) Flight experience.--The Administrator shall not enter
into any contract or commit any United States Government funds
for a commercial ISS crew transportation or rescue service to a
service provider until sufficient successful flight experience
has been accrued by the service provider's system to provide to
NASA the safety-related and reliability-related data and
information needed to determine whether to fly its astronauts
on that system. The Administrator shall require an amount of
demonstrated flight experience for a commercial crew
transportation system that is at least as much as NASA requires
under Alternative 1 as delineated in the NASA Policy Directive
NPD 8610.7D, effective January 31, 2008, for common launch
vehicle configurations before Class A (high cost and high
priority) payloads can be flown on them.
(3) Administrator's actions.--To facilitate the ability of
commercial crew transportation providers to comply with NASA
human spaceflight safety and reliability requirements, the
Administrator shall--
(A) develop and communicate the human-rating
requirements established under subsection (b) to
commercial space companies;
(B) establish minimum acceptable safety levels;
(C) provide technical assistance, to the maximum
extent practicable, to the commercial space sector in
understanding and applying NASA human-rating
requirements, standards, and processes to commercial
crew transportation and crew rescue systems;
(D) establish and communicate to the commercial
sector the process NASA will apply for securing ongoing
NASA insight into the design methodologies, processes,
technologies, test data, and production and quality
control practices employed in the development of the
commercial crew transportation system throughout the
development, test, demonstration, and production
phases;
(E) establish and communicate to the commercial
sector NASA's process for certifying that commercial
human spaceflight systems (including mission control,
operations, ground systems, and other supporting
infrastructure) comply with NASA human-rating
requirements and standards and related NASA policies
and procedures for safety and reliability, which
process shall be no less stringent than the NASA
policies and procedural requirements established for
launch of Class A (high cost and high priority)
payloads; and
(F) ensure that the certification established under
subparagraph (E) includes independent verification and
validation of compliance with NASA policies,
procedures, and standards.
(g) ASAP Review of NASA's Human-Rating Requirements, Standards, and
Processes.--
(1) In general.--The Aerospace Safety Advisory Panel shall
conduct a review to identify issues pertinent to the
establishment of human-rating requirements, standards, and
processes for commercial crew transportation and rescue systems
that are proposed for transport of United States astronauts.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Aerospace Safety and Advisory Panel
shall transmit to the Congress a report describing--
(A) the Panel's assessment of NASA's currently
established human-rating specifications and guidance;
(B) the Panel's view of the mandatory safety
requirements that must be met with regard to human
rating; and
(C) the steps NASA and the commercial space
industry need to take to ensure that commercial crew
transportation and rescue vehicles have human rating
requirements, standards, and processes equivalent to
those of NASA.
(h) Indemnification and Liability.--The Administrator shall not
proceed with a request for proposals, award any contract, or commit any
United States Government funds for a commercial ISS crew transportation
or rescue service to be provided by a commercial service provider until
all indemnification and liability issues associated with the use of
such systems by the United States Government shall have been addressed
and the Administrator has provided to the Congress a report describing
the indemnification and liability provisions that are planned to be
included in such contracts.
(i) Predicted Level of Safety.--The Administrator shall not award
any contract or commit any United States Government funds for a
commercial ISS crew transportation system service to a service provider
unless that commercial crew transportation system has a predicted level
of safety during ascent to low-Earth orbit, transit, and descent from
low-Earth orbit that is not less than that specified for the Government
system in section 202(a)(5).
SEC. 243. FEDERAL ASSISTANCE FOR THE DEVELOPMENT OF COMMERCIAL ORBITAL
HUMAN SPACE TRANSPORTATION SERVICES.
(a) Establishment.--The Administrator shall establish a program to
provide financial assistance in the form of direct loans or loan
guarantees to commercial entities for the costs of development of
orbital human space transportation systems.
(b) Eligible Projects.--A loan or loan guarantee may be made under
such program only for a project in the United States to develop
commercial orbital human space transportation systems that would be
used to provide transportation services to and from low Earth orbit.
(c) Eligible Borrower.--A loan or loan guarantee may be made under
such program only for a borrower who is determined by the Administrator
to be eligible under the criteria established pursuant to subsection
(i).
(d) Limitations.--No loan or guarantee shall be made unless the
Administrator determines that--
(1) there is a reasonable prospect of repayment of the
principal and interest on the obligation by the borrower; and
(2) the amount of the obligation (when combined with
amounts available to the borrower from other sources which
shall be a minimum of 25 percent of the total expected project
development cost) is sufficient to carry out the total
development project.
(e) Superiority of Rights.--The rights of the Administrator, with
respect to any property acquired pursuant to a loan, shall be superior
to the rights of any other person with respect to the property.
(f) Terms and Conditions.--Notwithstanding any other provision of
law, a loan or loan guarantee made pursuant to this section shall--
(1) bear interest at an annual rate, as determined by the
Administrator, of--
(A) in the case of a direct loan--
(i) the cost of borrowing to the Department
of the Treasury for obligations of comparable
maturity; or
(ii) 4 percent; and
(B) in the case of a guaranteed loan, the current
applicable market rate for a loan of comparable
maturity; and
(2) have a term not to exceed 30 years.
(g) Consultation.--In establishing the terms and conditions of a
loan or loan guarantee under this section, the Administrator shall
consult with the Secretary of the Treasury.
(h) Fees.--
(1) In general.--The Administrator shall charge and collect
fees for loans and loan guarantees in amounts the Administrator
determines are sufficient to cover applicable administrative
expenses.
(2) Availability.--Fees collected under this subsection
shall--
(A) be deposited by the Administrator into the
Treasury of the United States; and
(B) remain available until expended, subject to
such other conditions as are contained in annual
appropriations Acts.
(3) Limitation.--In charging and collecting fees under
paragraph (1), the Administrator shall take into consideration
the amount of the obligation.
(i) Regulations.--The Administrator shall issue final regulations
before making any loan or loan guarantee under the program. Such
regulations shall include--
(1) criteria that the Administrator shall use to determine
eligibility for loans and loan guarantees under this section,
including whether a borrower demonstrates that a non-
governmental market exists for the orbital human space
transportation service, as evidenced by written statements of
interest from potential purchasers of the services;
(2) criteria that the Administrator shall use to determine
the amount of any fees charged under subsection (h), including
criteria related to the amount of the obligation; and
(3) any other policies, procedures, or information
necessary to implement this section.
(j) Audit.--
(1) Annual independent audits.--The Administrator shall
enter into an arrangement with an independent auditor for
annual evaluations of the program under this section.
(2) Comptroller general review.--The Comptroller General of
the United States shall conduct a biennial review of the
Administrator's execution of the program under this section.
(3) Report.--The results of the independent audit under
paragraph (1) and the Comptroller General's review under
paragraph (2) shall be provided directly to the Committee on
Science and Technology of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate.
(k) Report to Congress.--Concurrent with the submission to Congress
of the President's annual budget request in each year after the date of
enactment of this section, the Secretary shall transmit to the
Committee on Science and Technology of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report containing a summary of all activities carried out under this
section.
(l) Minimizing Risk.--The Administrator shall promulgate
regulations and policies to carry out this section in accordance with
Office of Management and Budget Circular No. A-129, entitled ``Policies
for Federal Credit Programs and Non-Tax Receivables'', as in effect on
the date of enactment of this section.
(m) Definitions.--In this section:
(1) Cost.--The term ``cost'' has the meaning given such
term under section 502 of the Federal Credit Reform Act of 1990
(2 U.S.C. 661a).
(2) Obligation.--The term ``obligation'' means the loan
issued under this section or the loan or other debt obligation
that is guaranteed under this section.
(3) Program.--The term ``program'' means the program
established in subsection (a).
TITLE III--SCIENCE
Subtitle A--Earth Science
SEC. 301. EARTH SCIENCE APPLICATIONS.
The Administrator shall develop guidelines and procedures for
entering into arrangements with State, local, regional, tribal, and
other Federal Government agencies that seek to benefit from ongoing
NASA technical information, capabilities, and support related to Earth
science applications and decision support systems. The guidelines and
procedures shall include a definition of the partnership, milestones,
cost-sharing, and project-relevant criteria for the project. The
guidelines and procedures shall define arrangements for reimbursement
for Government services, as appropriate, including the use of NASA
spacecraft and aircraft, sensors, equipment, facilities, and associated
personnel for the purpose of aiding State, local, regional, tribal, and
other Federal Government needs.
SEC. 302. ESSENTIAL SPACE-BASED EARTH SCIENCE AND CLIMATE MEASUREMENTS.
The Administrator, in cooperation with the Administrator of NOAA
and other relevant Federal agencies, shall enter into an arrangement
with the National Academies for a study, to be completed, and
transmitted to the Congress not later than 18 months after the date of
enactment of this Act, to provide a prioritized list and definition of
essential Earth science and climate measurements that should be
collected with space-based means, and maintained and archived by the
Federal Government on a continuous basis. The study shall also identify
which measurements could potentially be obtained through international
partnerships, from data purchases or other arrangements with private or
commercial entities, or from other relevant sources.
SEC. 303. COMMERCIAL REMOTE SENSING DATA PURCHASES PILOT PROJECT.
(a) Workshop.--Not later than 9 months after the date of enactment
of this Act, the Administrator shall organize a workshop including
relevant commercial remote sensing data providers, scientists, and
remote sensing data users, among other relevant stakeholders, to
identify the essential criteria for a pilot project for purchasing
commercial remote sensing data to support research in Earth science and
for applied uses of the data to address State, local, regional, and
tribal needs. The workshop shall address lessons learned and
recommendations related to past experience with commercial data
purchases, including those outlined in the National Research Council
report entitled ``Toward New Partnerships in Remote Sensing:
Government, the Private Sector, and Earth Science Research''.
(b) Pilot Project.--Not later than 18 months after the date of
enactment of this Act, after consideration of the results of the
workshop under subsection (a) and after obtaining relevant information
from potential commercial remote sensing data providers and users of
such data, the Administrator shall establish a pilot project for the
provision, through competitive solicitations, of commercial remote
sensing data to serve research and applied uses of the data to serve
State, local, regional, and tribal needs.
Subtitle B--Space Science
SEC. 311. SUBORBITAL PROGRAMS.
(a) Responsible Official.--
(1) In general.--The Administrator shall ensure that an
individual who shall report directly to the Associate
Administrator of the Science Mission Directorate is designated
to lead NASA's suborbital and airborne program.
(2) Responsibilities.--The designated individual shall be
responsible for--
(A) leading near-term and long-term strategic
planning for the suborbital and airborne program;
(B) ensuring the implementation of strategic and
other relevant plans;
(C) integrating NASA's suborbital and airborne
programs;
(D) ensuring the productivity of the suborbital
facilities and assets as necessary to carry out the
plans;
(E) coordinating NASA's suborbital activities with
associated NASA offices and Centers, universities, and
other external institutions; and
(F) monitoring progress on meeting the strategic
objectives for enhanced suborbital and airborne
activities, NASA workforce development, and integration
of suborbital activities within NASA's overall plans
and priorities.
(b) Strategic Plan.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall provide to the Congress
a strategic plan to support the full and productive use of NASA's
suborbital and airborne assets as a foundation for meeting its
scientific research, engineering, workforce development, and education
goals and objectives across NASA centers and mission directorates and
in partnership with universities and other relevant external
institutions. The strategic plan shall--
(1) be developed in consultation with relevant NASA offices
and Centers and with input from universities, nonprofit
research institutions, and private industry;
(2) identify the needs and priorities for using NASA's
airborne and suborbital assets to support NASA's scientific
research, engineering, workforce development, and educational
goals;
(3) identify and prioritize the required infrastructure
investments, including maintenance, upgrades, and any enhanced
facility or equipment capabilities, that are required to carry
out the needs and priorities described in paragraph (2); and
(4) provide an estimate of the budget requirements and a
schedule and timeline for implementing the plan.
(c) Training and Professional Development.--The Administrator
shall, to the extent practicable, expand the opportunities within
NASA's suborbital programs for training science and engineering
students and for providing professional development for early career
professionals. Training and development activities shall be expanded
consistent with the goals and objectives of the strategic plan to be
developed under subsection (b).
SEC. 312. EXPLORER PROGRAM.
(a) Review of Explorer Program.--
(1) Establishment.--Not later than 120 days after the date
of enactment of this Act, the Administrator shall enter into an
arrangement with the National Academies to conduct a review of
the Explorer Program and offer any recommendations as it
considers necessary.
(2) Scope.--Such review shall address at least the
following:
(A) A review of existing or recent Explorer program
elements such as NASA's University Class Explorer
(UNEX), Small Explorer (SMEX), Medium Class Explorer
(MIDEX), Explorers (EX), and Missions of Opportunity to
assess the degree of--
(i) innovation in instrumentation, and
other technology and space mission elements;
(ii) flexibility and new approaches in
management and collaboration;
(iii) project implementation within the
planned budget and schedule; and
(iv) training opportunities for space
scientists and engineers.
(B) The status, capability, and availability of
launch vehicles and infrastructure to support the
Explorer program elements.
(C) Projected launch capabilities and facilities
for Explorers, including private sector launch
capabilities.
(D) The frequency of Explorer missions.
(E) The balance of Explorer missions among theme
areas and between larger and smaller mission sizes.
(F) The opportunities and challenges for partner
participation in Explorer missions, including
international and interagency collaborations.
(G) The contributions of Explorers to a robust
space science program, and the value of the Explorer
Program for the Nation's scientific research and
engineering community, including its impact on training
of younger researchers and engineers.
(3) Report.--Not later than 16 months after the date of
enactment of this Act, the Administrator shall transmit to the
Congress the review and a plan for responding to the
recommendations of the review.
SEC. 313. RADIOISOTOPE THERMOELECTRIC GENERATOR MATERIAL REQUIREMENTS
AND SUPPLY.
(a) Analysis of Requirements and Risks.--The Administrator, in
consultation with other Federal agencies, shall conduct an analysis of
NASA requirements for radioisotope power system material which is
needed to carry out planned, high priority robotic missions in the
solar system and other surface exploration activities beyond low-Earth
orbit, as well as the risks to NASA missions in meeting those
requirements, or any additional requirements, due to a lack of adequate
domestic production of radioisotope power system material. The analysis
shall--
(1) detail NASA's current projected mission requirements
for radioisotope power system material;
(2) explain the assumptions used to determine NASA's
requirements for the material, including--
(A) the planned use of Advanced Stirling
Radioisotope Generator technology;
(B) the status of and timeline for completing
development and demonstration of the Advanced Stirling
Radioisotope Generator technology, including the
development of flight readiness requirements; and
(C) the risks, implications, and contingencies for
NASA mission plans of any delays or unanticipated
technical challenges related to the anticipated use of
Advanced Stirling Radioisotope Generator technology;
(3) assess the risk to NASA programs of any potential
delays in achieving the schedule and milestones for planned
domestic production of radioisotope power system material;
(4) outline a process for meeting any additional NASA
requirements for the material; and
(5) estimate the incremental costs required to increase the
amount of material produced each year, if such an increase is
needed to support additional NASA requirements for the
material.
(b) Transmittal.--Not later than 180 days after the date of
enactment of this Act, the Administrator, in consultation with other
Federal agencies, shall transmit the results of the analysis to the
Congress.
TITLE IV--AERONAUTICS
SEC. 401. ENVIRONMENTALLY FRIENDLY AIRCRAFT RESEARCH AND DEVELOPMENT
INITIATIVE.
Section 302 of the National Aeronautics and Space Administration
Authorization Act of 2008 (42 U.S.C. 17721) is amended--
(1) by striking ``The Administrator'' and inserting the
following:
``(a) In General.--The Administrator''; and
(2) by adding at the end the following:
``(b) Plan.--
``(1) In general.--The Administrator shall develop a plan
and associated timetable for this initiative identifying key
milestones, including projected flight demonstrations to
validate vehicle and technology concepts in a relevant
environment.
``(2) Submission.--Not later than 270 days after the date
of enactment of the National Aeronautics and Space
Administration Authorization Act of 2010, the Administrator
shall transmit the plan to the Congress.''.
SEC. 402. RESEARCH ON NEXTGEN AIRSPACE MANAGEMENT CONCEPTS AND TOOLS.
The Administrator shall review at least annually the alignment and
timing of NASA's research and development activities in support of the
NextGen airspace management modernization initiative and shall make any
necessary adjustments by reprioritizing or retargeting NASA's research
and development activities in support of the NextGen initiative.
SEC. 403. RESEARCH ON AIRCRAFT CABIN AIR QUALITY.
The Administrator shall initiate research on aircraft cabin air
quality that complements research conducted by the Federal Aviation
Administration and its Center of Excellence on Research in the
Intermodal Transport Environment, including research on innovative
aircraft cabin air quality sensors operating during ground and flight
operations and on innovative warning and mitigation technologies for
poor air quality.
SEC. 404. RESEARCH ON ON-BOARD VOLCANIC ASH SENSOR SYSTEMS.
(a) In General.--The Administrator shall conduct a study to assess
the feasibility of establishing a project focused on the development of
a low-cost on-board volcanic ash sensor system.
(b) Specifications.--The study shall consider, at a minimum--
(1) NASA's unique capabilities;
(2) opportunities for collaboration, both nationally and
internationally; and
(3) projected resource requirements, research milestones,
and potential accomplishments.
SEC. 405. AERONAUTICS TEST FACILITIES.
(a) Sense of Congress.--It is the sense of the Congress that--
(1) NASA must reverse the deteriorating condition of its
aeronautics ground test facilities and infrastructure, as this
condition is hampering the effectiveness and efficiency of
aeronautics research performed by both NASA and industry
participants making use of NASA facilities, thus reducing the
competitiveness of the United States aviation industry;
(2) NASA has a role in providing test capabilities that are
not economically viable as commercial entities and thus are not
available elsewhere; and
(3) to ensure continued access to reliable and efficient
national-class test capabilities by researchers, NASA should
seek to establish strategic partnerships with other Federal
agencies, academic institutions, and industry.
(b) Plan.--The Administrator shall develop a plan to stabilize and,
where possible, reverse the deterioration of NASA's aeronautics ground
test facilities.
SEC. 406. EXPANDED RESEARCH PROGRAM ON COMPOSITE MATERIALS USED IN
AEROSPACE.
The Administrator shall expand NASA's research program on composite
materials used in aerospace applications to address--
(1) progressive damage analysis, aging, inspection
techniques, and new manufacturing and repair techniques; and
(2) ways to mitigate how the environment, operating fluids,
and mechanical loads interact with composite materials over
time.
TITLE V--SPACE TECHNOLOGY
SEC. 501. SPACE TECHNOLOGY PROGRAM.
(a) Establishment.--The Administrator shall establish a space
technology program to enable research and development on advanced space
technologies and systems that are independent of specific space mission
flight projects. The program shall support--
(1) early-stage concepts and innovation;
(2) development of innovative technologies in areas such as
in-space propulsion, power generation and storage, liquid
rocket propulsion, avionics, structures, and materials that may
enable new approaches to human and robotic space missions; and
(3) flight demonstrations of technologies, including those
that have the potential to benefit multiple NASA mission
directorates, other Federal Government agencies, and the
commercial space industry.
(b) Procedure.--In establishing the space technology program under
this section, the Administrator shall--
(1) to the maximum extent practicable, use a competitive
process to select projects to be supported as part of the
program;
(2) support the development of an organization to
investigate innovative concepts for technological approaches,
systems, architectures, or mission strategies;
(3) make use of small satellites and NASA suborbital
platforms, to the extent practicable, to demonstrate space
technology concepts and developments; and
(4) undertake partnerships with other Federal agencies,
universities, private industry, and other spacefaring nations,
as appropriate.
(c) Decadal Survey.--The Administrator shall enter into an
arrangement with the National Academies for a decadal survey study to
make recommendations for research and development priorities for NASA's
space technology program over the next decade. Included in the decadal
survey shall be an identification and prioritization of key technology
research and development activities needed to enable a robust
exploration technology program, from basic research and development
through flight demonstrations. The Administrator shall transmit the
results of the study to the Congress not later than 20 months after the
date of enactment of this Act.
TITLE VI--EDUCATION AND OUTREACH
SEC. 601. STEM EDUCATION AND TRAINING.
(a) In General.--In order to create the diverse, skilled scientific
and technical workforce essential to meeting the challenges facing NASA
and the Nation in the 21st century, the Administrator shall develop,
conduct, support, promote, and coordinate formal and informal
educational and training activities that leverage NASA's unique content
expertise and facilities to--
(1) contribute to improving science, technology,
engineering and mathematics (STEM) education and training at
all levels in the United States; and
(2) enhance awareness and understanding of STEM, including
space and Earth sciences, aeronautics, and engineering.
(b) Programs.--
(1) In general.--The Administrator shall carry out
evidence-based programs designed to--
(A) increase student interest and participation,
including by women and underrepresented minority
students;
(B) improve public literacy and support; and
(C) improve the teaching and learning of space and
Earth sciences, aeronautics, engineering, and other
STEM disciplines supported by NASA.
(2) Included programs.--Programs authorized under this
subsection may include--
(A) informal educational programming designed to
excite and inspire students and the general public
about space and Earth science, aeronautics,
engineering, and other STEM disciplines supported by
NASA while strengthening their content knowledge in
these disciplines;
(B) teacher training and professional development
opportunities for pre-service and in-service elementary
and secondary school teachers designed to increase the
content knowledge of teachers in space and Earth
science, aeronautics, engineering, and other STEM
disciplines supported by NASA, especially through
hands-on research and technology experiences;
(C) research opportunities for secondary school
students, including internships at NASA and its field
centers, that provide secondary school students with
hands-on research and technology experiences as well as
exposure to working scientists and engineers;
(D) research opportunities at NASA and its field
centers for undergraduate and graduate students
pursuing degrees in space and Earth sciences,
aeronautics, engineering, and other STEM disciplines
supported by NASA;
(E) competitive scholarships, fellowships, and
traineeships for undergraduate and graduate students in
space and Earth sciences, aeronautics, engineering, and
other STEM disciplines supported by NASA; and
(F) competitive grants for institutions of higher
education (as defined under section 101(a) of the
Higher Education Act of 1965 (20 U.S.C. 1001(a))),
including 2-year institutions of higher education, to
establish or expand degree programs or courses in space
and Earth sciences, aeronautics, engineering, and other
STEM disciplines supported by NASA.
(c) Organization of STEM Education Programs.--
(1) Director of stem education.--The Administrator shall
appoint or designate a Director of STEM Education, who shall
have the principal responsibility to oversee and coordinate all
NASA programs and activities in support of STEM education and
training, including space and Earth sciences, aeronautics, and
engineering.
(2) Qualifications.--The Director shall be an individual
who, by reason of professional background and experience, is
specially qualified to advise the Administrator on all matters
pertaining to STEM education and training, including space and
Earth sciences, aeronautics, and engineering, at NASA.
(3) Duties.--The Director shall--
(A) oversee and coordinate all programs in support
of STEM education and training, including space and
Earth sciences, aeronautics, and engineering;
(B) represent NASA as the principal interagency
liaison for all STEM education and training programs,
unless otherwise represented by the Administrator or
the Associate Administrator for Education;
(C) prepare the annual budget and advise the
Associate Administrator for Education and the
Administrator on all budgetary issues for STEM
education and training relative to the programs of
NASA;
(D) establish, periodically update, and maintain a
publicly accessible online inventory of STEM education
and training programs and activities;
(E) develop, implement, and update the STEM
education and training strategic plan required under
subsection (d);
(F) increase, to the maximum extent practicable,
the participation and advancement of women and
underrepresented minorities at every level of STEM
education and training; and
(G) perform such other matters relating to STEM
education and training as are required by the
Administrator or the Associate Administrator for
Education.
(d) Strategic Plan.--The Director of STEM Education shall develop,
implement, and update once every 3 years a STEM education and training
strategic plan for NASA. The plan shall--
(1) identify and prioritize annual and long-term STEM
education and training goals and objectives for NASA;
(2) describe the role of each NASA program or activity in
contributing to the goals and objectives identified under
paragraph (1);
(3) specify the metrics that will be used to assess
progress toward achieving those goals and objectives; and
(4) describe the approaches that will be taken to assess
the effectiveness of each STEM education program and activity
supported by NASA.
(e) Outreach to Students From Underrepresented Groups.--In carrying
out a program authorized under this section, the Administrator shall
give consideration to the goal of promoting the participation of
individuals identified in sections 33 and 34 of the Science and
Engineering Equal Opportunities Act (42 U.S.C. 1885a; 1885b).
(f) Consultation and Partnership With Other Agencies.--In carrying
out the programs and activities authorized under this section, the
Administrator shall--
(1) consult with the Secretary of Education and the
Director of the National Science Foundation regarding
activities designed to improve elementary and secondary STEM
education and training; and
(2) consult and partner with the Director of the National
Science Foundation in carrying out programs under this section
designed to build capacity in STEM education and training at
the undergraduate and graduate level.
SEC. 602. ASSESSMENT OF IMPEDIMENTS TO SPACE SCIENCE AND ENGINEERING
WORKFORCE DEVELOPMENT FOR MINORITY AND UNDERREPRESENTED
GROUPS AT NASA.
(a) Assessment.--The Administrator shall enter into an arrangement
for an independent assessment of any impediments to space science and
engineering workforce development for minority and underrepresented
groups at NASA, including recommendations on--
(1) measures to address such impediments;
(2) opportunities for augmenting the impact of space
science and engineering workforce development activities and
for expanding proven, effective programs; and
(3) best practices and lessons learned, as identified
through the assessment, to help maximize the effectiveness of
existing and future programs to increase the participation of
minority and underrepresented groups in the space science and
engineering workforce at NASA.
(b) Report.--A report on the assessment carried out under
subsection (a) shall be transmitted to the Congress not later than 15
months after the date of enactment of this Act.
(c) Implementation.--To the extent practicable, the Administrator
shall take all necessary steps to address any impediments identified in
the assessment.
SEC. 603. INDEPENDENT REVIEW OF THE NATIONAL SPACE GRANT COLLEGE AND
FELLOWSHIP PROGRAM.
(a) Sense of Congress.--It is the sense of the Congress that--
(1) the National Space Grant College and Fellowship
Program, established in title II of the National Aeronautics
and Space Administration Authorization Act of 1988 (42 U.S.C.
2486 et seq.), has been an important program through which the
Federal Government has partnered with State and local
governments, universities, private industry, and other
organizations to enhance the understanding and use of space and
aeronautics activities and their benefits through education,
the fostering of interdisciplinary and multidisciplinary space
research and training, and supporting Federal funding for
graduate fellowships in space-related fields; and
(2) enhancing the National Space Grant College and
Fellowship Program's effectiveness will support the program's
maximum contribution to NASA's and the Nation's goals for
science, technology, engineering and mathematics (STEM)
education and training.
(b) Review.--The Administrator shall enter into an arrangement with
the National Academies for a review of the National Space Grant College
and Fellowship Program, including its structure and capabilities for
supporting STEM education and training, and recommendations on
measures, if needed, to enhance the program's effectiveness.
(c) Transmittal.--The Administrator shall transmit the results of
the review to the Congress not later than 18 months after the date of
enactment of this Act.
TITLE VII--INSTITUTIONAL CAPABILITIES REVITALIZATION
SEC. 701. INSTITUTIONAL MANAGEMENT.
(a) Modernization of Laboratories, Facilities, and Equipment.--
(1) Strategy.--
(A) In general.--The Administrator shall develop a
strategy for the maintenance, repair, upgrading, and
modernization of NASA's laboratories, facilities, and
equipment.
(B) Criteria.--The strategy shall include criteria
for prioritizing deferred maintenance tasks and also
for upgrading or modernizing laboratories, facilities,
and equipment.
(2) Plan.--The Administrator shall develop a plan for
implementing the strategy in paragraph (1), including a
timeline, milestones, and an estimate of resources required for
carrying out the plan.
(3) Transmittal to congress.--The Administrator shall
transmit to the Congress the strategy under paragraph (1) and
the plan under paragraph (2) not later than 180 days after the
date of enactment of this Act.
(b) Establishment of Capital Fund.--
(1) In general.--The Administrator shall establish a
capital fund at each of NASA's field centers for the
modernization of facilities and laboratories.
(2) Source of funding.--The Administrator shall ensure to
the maximum extent practicable that all financial savings
achieved by closing outdated or surplus facilities at a NASA
field center shall be made available to that center's capital
fund for the purpose of modernizing the field center's
facilities and laboratories and for upgrading the
infrastructure at the field center.
SEC. 702. JAMES E. WEBB COOPERATIVE EDUCATION DISTINGUISHED SCHOLAR
PROGRAM.
(a) Establishment.--The Administrator is authorized to establish a
national cooperative education program to complement existing NASA
Center-administered cooperative education initiatives.
(b) Application Process.--The Administrator shall encourage and
seek applications from the pool of American students pursuing science,
technology, engineering, or mathematics degrees who wish to gain
working experience in NASA.
(c) Selection.--From the applications, the Administrator shall
select 10 finalists annually as James E. Webb Cooperative Education
Distinguished Scholars.
(d) Award.--The James E. Webb Cooperative Education Distinguished
Scholars shall be provided with--
(1) learning experiences that will enhance their
understanding of activities conducted in the various NASA
Centers in furtherance of NASA's missions and priorities;
(2) exposure to NASA headquarters functions and activities;
and
(3) stipends for living expenses.
TITLE VIII--ACQUISITION MANAGEMENT
SEC. 801. PROHIBITION ON EXPENDITURE OF FUNDS WHEN 30 PERCENT THRESHOLD
IS EXCEEDED.
Section 103(e) of the National Aeronautics and Space Administration
Authorization of 2005 (42 U.S.C. 16613(e)) is amended by striking
``beginning 18 months after the date the Administrator transmits a
report under subsection (d)(1)'' and inserting ``beginning 18 months
after the Administrator makes such determination''.
SEC. 802. PROJECT AND PROGRAM RESERVES.
To ensure that the establishment, maintenance, and allotment of
project and program reserves contribute to prudent management, not
later than 180 days after the date of enactment of this Act, the
Administrator shall transmit to the Congress a report describing NASA's
criteria for establishing the amount of reserves at the project and
program levels and how such criteria complement NASA's policy of
budgeting at a 70 percent confidence level.
SEC. 803. INDEPENDENT REVIEWS.
Not later than 270 days after the date of enactment of this Act,
the Administrator shall transmit to the Congress a report describing
NASA's procedures for conducting independent reviews of projects and
programs at lifecycle milestones and how NASA ensures the independence
of the individuals who conduct those reviews prior to their assignment.
SEC. 804. AVOIDING ORGANIZATIONAL CONFLICTS OF INTEREST IN MAJOR NASA
ACQUISITION PROGRAMS.
(a) Revised Regulations Required.--Not later than 270 days after
the date of enactment of this Act, the Administrator shall revise the
NASA Supplement to the Federal Acquisition Regulation to provide
uniform guidance and tighten existing requirements for preventing
organizational conflicts of interest by contractors in major
acquisition programs.
(b) Elements.--The revised regulations required by subsection (a)
shall, at a minimum--
(1) address organizational conflicts of interest that could
potentially arise as a result of--
(A) lead system integrator contracts on major
acquisition programs and contracts that follow lead
system integrator contracts on such programs,
particularly contracts for production;
(B) the ownership of business units performing
systems engineering and technical assistance functions,
professional services, or management support services
in relation to major acquisition programs by
contractors who simultaneously own business units
competing to perform as either the prime contractor or
the supplier of a major subsystem or component for such
programs;
(C) the award of major subsystem contracts by a
prime contractor for a major acquisition program to
business units or other affiliates of the same parent
corporate entity, and particularly the award of
subcontracts for software integration or the
development of a proprietary software system
architecture; or
(D) the performance by, or assistance of,
contractors in technical evaluations on major
acquisition programs;
(2) ensure that NASA receives advice, when appropriate, on
systems architecture and systems engineering matters with
respect to major acquisition programs from federally funded
research and development centers or other sources independent
of the prime contractor;
(3) require that a contract for the performance of systems
engineering and technical assistance functions for a major
acquisition program contains a provision prohibiting the
contractor or any affiliate of the contractor from
participating as a prime contractor or a major subcontractor in
the development of a system under the program; and
(4) establish such limited exceptions to the requirement in
paragraphs (2) and (3) as may be necessary to ensure that NASA
has continued access to advice on systems architecture and
systems engineering matters from highly qualified contractors
with domain experience and expertise, while ensuring that such
advice comes from sources that are objective and unbiased.
SEC. 805. REPORT TO CONGRESS.
The Administrator shall transmit to the Congress, not later than
April 30 of each year, an estimate of the total termination liability
as of the end of the second fiscal quarter for all NASA contracts with
a total value in excess of $200,000,000.
TITLE IX--OTHER PROVISIONS
SEC. 901. CLOUD COMPUTING.
(a) Definition.--As defined by the National Institute of Standards
and Technology, for purposes of this section, the term ``cloud
computing'' means a model for enabling convenient, on-demand network
access to a shared pool of configurable computing resources that can be
rapidly provisioned with minimal management effort or service provider
interaction.
(b) Report.--Not later than 1 year after NASA has entered into a
contract for its first use of a non-Federal cloud computing facility,
the Comptroller General shall transmit to the Congress a report
detailing whether sensitive but unclassified and classified NASA
information was processed on that facility and if so, how NASA ensured
that data access and security requirements were in place to safeguard
NASA's scientific and technical information.
SEC. 902. REVIEW OF PRACTICES TO DETECT AND PREVENT THE USE OF
COUNTERFEIT PARTS.
Not later than 1 year after the date of enactment of this Act, the
Comptroller General shall transmit to the Congress a review of NASA's
processes and controls to detect and prevent the use of counterfeit
parts in NASA mission projects and related assets. The review shall
examine--
(1) the trends in known and identified counterfeit parts in
NASA's supply chain;
(2) NASA's processes and controls to detect counterfeit
parts and prevent their incorporation into NASA mission
projects, instruments, and other mission-related assets; and
(3) any gaps in NASA's controls and processes for detecting
counterfeit part and preventing their incorporation into NASA
missions and related assets.
SEC. 903. PRESERVATION AND MANAGEMENT OF LUNAR SITES.
(a) International Dialog.--The Director of OSTP, in cooperation of
the Administrator, other relevant Federal agencies, commercial
entities, and international bodies, shall enter into a dialogue to
identify the questions and research needed to understand--
(1) the potential adverse impacts of various uses of the
Moon on scientific research activities;
(2) the potential adverse impacts of such uses on lunar
areas of historical, cultural, or scientific value; and
(3) how to prevent or mitigate such impacts.
(b) Grants Program.--The Administrator, in cooperation with other
relevant Federal agencies and stakeholders, shall establish a grants
program to conduct research for the purpose of identifying and
characterizing potential impacts related to lunar activities and
describing potential means for managing and mitigating the impacts.
(c) International Framework.--As a result of the dialog under
subsection (a), the Director of OSTP shall initiate an effort to
establish a framework for identifying, protecting, and preserving lunar
areas determined to be of significant historical, cultural, or
scientific value.
(d) Report.--The Director of OSTP shall provide a report on the
results of the international dialog under subsection (a) and the
establishment of an international framework under subsection (c), to be
transmitted to the Congress not later than 2 years after the date of
enactment of this Act.
SEC. 904. CONTINUITY OF MODERATE RESOLUTION LAND IMAGING REMOTE SENSING
DATA.
(a) Reaffirmation of Policy.--The Congress reaffirms the finding in
section 2(1) of the Land Remote Sensing Policy Act of 1992 (15 U.S.C.
5601(1)) which states that ``The continuous collection and utilization
of land remote sensing data from space are of major benefit in studying
and understanding human impacts on the global environment, in managing
the Earth's natural resources, in carrying out national security
functions, and in planning and conducting many other activities of
scientific, economic, and social importance.''.
(b) Continuous Land Remote Sensing Data Collection.--The Director
of OSTP shall take steps in consultation with other relevant Federal
agencies to ensure, to the maximum extent practicable, the continuous
collection of space-based medium-resolution observations of the Earth's
land cover and to ensure that the data are made available in such ways
as to facilitate the widest possible use.
SEC. 905. SPACE WEATHER.
(a) Strategy and Implementation Plan.--The Director of OSTP, in
coordination with the Administrator and with other relevant Federal
agencies, space weather coordinating bodies, industry, academia, and
other stakeholders, shall prepare a long-term strategy for a
sustainable space weather program and develop a plan to implement the
strategy. The implementation plan shall--
(1) define individual agency responsibilities for carrying
out the strategy;
(2) identify the milestones and schedule required for each
agency's contributions;
(3) provide an estimate of the resources required for each
agency to carry out its responsibilities;
(4) establish a process for coordinating agency
responsibilities, programs, and budgets required for
implementing the plan; and
(5) identify opportunities for private sector and
international contributions to implementing the plan.
(b) Study on Prediction.--The Director of OSTP shall enter into an
arrangement with the National Academies to assess the status of
capabilities for space weather prediction and recommend the highest
priority basic research, infrastructure, and operational needs required
to improve the Nation's ability to predict space weather events. The
study should also address the benefits of space weather prediction. The
Director shall transmit the results of the study to the Congress not
later than 18 months after the date of enactment of this Act.
SEC. 906. USE OF OPERATIONAL COMMERCIAL SUBORBITAL VEHICLES FOR
RESEARCH, DEVELOPMENT, AND EDUCATION.
(a) Plan.--The Administrator shall prepare a plan describing the
processes required to support the potential use of commercial reusable
suborbital flight vehicles, once demonstrated and proven successful on
an operational basis, for carrying out competitively selected
scientific and engineering investigations and educational activities.
The plan shall--
(1) describe NASA, space flight operator, and supporting
contractor responsibilities for developing standard payload
interfaces, conducting payload safety analyses, payload
integration and processing, payload operations, and safety
assurance for NASA-sponsored space flight participants, among
other functions required to fly NASA-sponsored payloads and
space flight participants on commercial suborbital vehicles;
(2) identify NASA-provided hardware, software, or services
that may be provided to space flight operators on a cost-
reimbursable basis, through agreements entered into under
section 203(c)(5) of the National Aeronautics and Space Act of
1958 (42 U.S.C. 2473(c)(5)), or on a contractual basis; and
(3) describe the United States Government and space flight
operator responsibilities for liability and indemnification
with respect to commercial suborbital vehicle flights that
involve NASA-sponsored payloads or activities, NASA-supported
space flight participants, or other NASA-related contributions.
(b) Commercial Reusable Suborbital Capabilities and Risks.--The
Administrator shall assess and characterize the potential capabilities
and performance of commercial reusable suborbital vehicles for
addressing scientific research, including research requiring access to
low gravity and microgravity environments, for carrying out technology
demonstrations related to science, exploration, or space operations
requirements, and for providing opportunities for educating and
training space scientists and engineers, once those vehicles become
operational. The assessment shall also characterize the risks of using
potential commercial reusable suborbital flights to NASA-sponsored
researchers, investigators, and scientific investigations and flight
hardware. The Administrator shall make a determination on the need to
enter into arrangements with commercial reusable suborbital service
providers for flights or flight services to acquire analytical data to
inform the assessment.
(c) Transmittal.--The plan and assessment described in subsections
(a) and (b) shall be transmitted to the Congress not later than 1 year
after the date of enactment of this Act.
(d) Indemnification and Liability.--The Administrator shall not
proceed with a request for proposals, award any contract, commit any
United States Government funds, or enter into any other agreement for
the provision of a commercial reusable suborbital vehicle launch
service until all indemnification and liability issues associated with
the use of such systems by the United States Government shall have been
addressed and the Administrator has provided to the Congress a report
describing the indemnification and liability provisions that are
planned to be included in such contracts or agreements.
SEC. 907. STUDY ON EXPORT CONTROL MATTERS RELATED TO UNITED STATES
ASTRONAUT SAFETY AND NASA MISSION OPERATIONS.
(a) Establishment.--The Director of OSTP, in consultation with the
Administrator and other relevant Federal agencies, shall conduct a
study to examine the need for a process for granting real-time, limited
waivers to export control license restrictions or regulations that are
necessary for United States Government entities and contractors to
enter into technical discussions and to share technical data with
foreign government entities and contractors to resolve anomalies that
may--
(1) threaten the safety of United States astronauts aboard
cooperative crewed spacecraft such as the ISS; or
(2) impair the operations of international civil research
and other spacecraft that involve the national interests of the
United States.
(b) Transmittal.--The results of the study shall be transmitted to
the Congress not later than 1 year after the date of enactment of this
Act.
SEC. 908. AMENDMENT TO THE NATIONAL AERONAUTICS AND SPACE ACT OF 1958.
Section 202 of the National Aeronautics and Space Act of 1958 (42
U.S.C. 2472) is amended by adding at the end the following new
subsection:
``(d) The Administrator and the Deputy Administrator may be retired
commissioned military personnel.''.
SEC. 909. NEAR-EARTH OBJECTS.
(a) Responsible Official.--The Administrator shall designate a
responsible official for coordinating NASA's near-Earth object
observation activities and NASA's interactions with other Federal
agencies and international entities on near-Earth object surveys,
defense, and efforts related to addressing any threats to the United
States posed by near-Earth objects. The responsible official shall
report directly to the Administrator.
(b) Reaffirmation of Policy on Near-Earth Object Survey.--The
Congress reaffirms the direction set forth in section 321(d)(1) of the
National Aeronautics and Space Administration Authorization Act of 2005
(42 U.S.C. 16691(d)(1)) that directed the Administrator ``to plan,
develop, and implement a Near-Earth Object Survey program to detect,
track, catalogue, and characterize the physical characteristics of
near-Earth objects equal to or greater than 140 meters in diameter in
order to assess the threat of such near-Earth objects to the Earth''.
(c) Plan.--Not later than 270 days after the date of enactment of
this Act, the Administrator shall transmit to the Congress a plan for
carrying out the direction reaffirmed by subsection (b).
(d) Authorization of Appropriations.--From the funds authorized for
Planetary Science in title I, $1,000,000 in fiscal year 2012 and
$1,000,000 in fiscal year 2013 shall be for supporting competitively
awarded grants for investigation of innovative approaches to carrying
out the congressionally mandated survey of near-Earth objects equal to
or greater than 140 meters in diameter, and $5,000,000 in fiscal year
2014 and $5,000,000 in fiscal year 2015 shall be for preliminary design
and development work on an innovative concept for carrying out the
Congressionally mandated survey of near-Earth objects equal to or
greater than 140 meters in diameter.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Science and Technology.
Held at full committee.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Voice Vote.
Reported (Amended) by the Committee on Science and Technology. H. Rept. 111-576.
Reported (Amended) by the Committee on Science and Technology. H. Rept. 111-576.
Placed on the Union Calendar, Calendar No. 333.
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