NASA Authorization Act of 2010 - House of Representatives Draft


image 111TH CONGRESS

2D SESSION H. R. ll

To authorize the programs of the National Aeronautics and Space Administration, and for other purposes.


IN THE HOUSE OF REPRESENTATIVES

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

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:


2

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


3

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.


4


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


5
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


6

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 expedi


7

tious 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


8

of grants in the life and physical sciences micro- gravity 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


9

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.


10

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.


11

(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--


12

(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.


13


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 Sys


14 tems 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 re


15

lated 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--


16

(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.


17


(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;


18

(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;


19

(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--


20

(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


21

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;


22


(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;


23

(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.


24

(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 com


25

pleted 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.


26

(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


27

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;


28

(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;


29

(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;


30

(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 strat




31

egy 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



32

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;


33

(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--


34

(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



35

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


36

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


37

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.


38


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;


39

(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 micro- gravity 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;


40

(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,


41

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;


42

(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--


43

(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


44

(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.


45

(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 edu


46

cational 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)).


47

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


48

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.


49

(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


50

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


51

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 pro


52

viders 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


53

that commercial human spaceflight systems (icluding 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


54

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.


55

(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


56

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; (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--


57

(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.


58

(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.


59


(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.


60

(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 per



61

sonnel 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


62

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


63

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


64

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


65

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;


66

(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


67

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--


68

(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


69

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.''.



70


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--


71

(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.


72

(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, struc


73

tures, 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.


74

(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


75

(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;


76

(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


77

(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--


78

(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


79

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 con-


80

sideration 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 UNDER REPRESENTED 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--


81

(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 Na


82

tional Aeronautics and Space Administration Au

thorization 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.


83

(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


84

(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, engineer-


85 ing, 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''.



86

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


87

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 soft-


88

ware 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


89

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


90

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


91

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.


92


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 sustain-


93

able 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.


94


SEC. 906. USE OF OPERATIONAL COMMERCIAL SUB

ORBITAL VEHICLES FOR RESEARCH, DEVEL

OPMENT, 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


95

(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.


96

(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


97

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


98

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


99

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.



Please follow SpaceRef on Twitter and Like us on Facebook.