PUBLIC LAW 111–267—OCT. 11, 2010 124 STAT. 2805 

Public Law 111–267 

111th Congress 

An Act 

To authorize the programs of the National Aeronautics and Space Administration 

for fiscal years 2011 through 2013, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SEC. 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘National 

Aeronautics and Space Administration Authorization Act of 2010’’. 

(b) TABLE OF CONTENTS.—The table of contents for this Act 

is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

Sec. 3. Definitions. 

TITLE I—AUTHORIZATION OF APPROPRIATIONS 

Sec. 101. Fiscal year 2011. 

Sec. 102. Fiscal year 2012. 

Sec. 103. Fiscal year 2013. 

TITLE II—POLICY, GOALS, AND OBJECTIVES FOR HUMAN SPACE FLIGHT 

AND EXPLORATION 

Sec. 201. United States human space flight policy. 

Sec. 202. Goals and objectives. 

Sec. 203. Assurance of core capabilities. 

Sec. 204. Independent study on human exploration of space. 

TITLE III—EXPANSION OF HUMAN SPACE FLIGHT BEYOND THE 

INTERNATIONAL SPACE STATION AND LOW-EARTH ORBIT 

Sec. 301. Human space flight beyond low-Earth orbit. 

Sec. 302. Space Launch System as follow-on launch vehicle to the Space Shuttle. 

Sec. 303. Multi-purpose crew vehicle. 

Sec. 304. Utilization of existing workforce and assets in development of Space 

Launch System and multi-purpose crew vehicle. 

Sec. 305. NASA launch support and infrastructure modernization program. 

Sec. 306. Report on effects of transition to Space Launch System on the solid and 

liquid rocket motor industrial bases. 

Sec. 307. Sense of Congress on other technology and robotic elements in human 

space flight and exploration. 

Sec. 308. Development of technologies and in-space capabilities for beyond nearEarth space missions. 

Sec. 309. Report requirement. 

TITLE IV—DEVELOPMENT AND USE OF COMMERCIAL CREW AND CARGO 

TRANSPORTATION CAPABILITIES 

Sec. 401. Commercial Cargo Development program. 

Sec. 402. Commercial Crew Development program. 

Sec. 403. Requirements applicable to development of commercial crew transportation capabilities and services. 

Sec. 404. Report on International Space Station cargo return capability. 

42 USC 18301 

note. 

National 

Aeronautics and 

Space 

Administration 

Authorization 

Act of 2010. 

Oct. 11, 2010 

[S. 3729] 


joloto on DSKHC5C1J1PROD with PUBLAW
124 STAT. 2806 PUBLIC LAW 111–267—OCT. 11, 2010 

TITLE V—CONTINUATION, SUPPORT, AND EVOLUTION OF THE 

INTERNATIONAL SPACE STATION 

Sec. 501. Continuation of the International Space Station through 2020. 

Sec. 502. Maximum utilization of the International Space Station. 

Sec. 503. Maintenance of the United States segment and assurance of continued 

operations of the International Space Station. 

Sec. 504. Management of the ISS national laboratory. 

TITLE VI—SPACE SHUTTLE RETIREMENT AND TRANSITION 

Sec. 601. Sense of Congress on the Space Shuttle program. 

Sec. 602. Retirement of Space Shuttle orbiters and transition of Space Shuttle program. 

Sec. 603. Disposition of orbiter vehicles. 

TITLE VII—EARTH SCIENCE 

Sec. 701. Sense of Congress. 

Sec. 702. Interagency collaboration implementation approach. 

Sec. 703. Transitioning experimental research to operations. 

Sec. 704. Decadal survey missions implementation for Earth observation. 

Sec. 705. Expansion of Earth science applications. 

Sec. 706. Instrument test-beds and venture class missions. 

Sec. 707. Sense of Congress on NPOESS follow-on program. 

TITLE VIII—SPACE SCIENCE 

Sec. 801. Technology development. 

Sec. 802. Suborbital research activities. 

Sec. 803. Overall science portfolio-sense of the Congress. 

Sec. 804. In-space servicing. 

Sec. 805. Decadal results. 

Sec. 806. On-going restoration of radioisotope thermoelectric generator material 

production. 

Sec. 807. Collaboration with ESMD and SOMD on robotic missions. 

Sec. 808. Near-Earth object survey and policy with respect to threats posed. 

Sec. 809. Space weather. 

TITLE IX—AERONAUTICS AND SPACE TECHNOLOGY 

Sec. 901. Sense of Congress. 

Sec. 902. Aeronautics research goals. 

Sec. 903. Research collaboration. 

Sec. 904. Goal for agency space technology. 

Sec. 905. Implementation plan for agency space technology. 

Sec. 906. National space technology policy. 

Sec. 907. Commercial reusable suborbital research program. 

TITLE X—EDUCATION 

Sec. 1001. Report on education implementation outcomes. 

Sec. 1002. Sense of Congress on the Experimental Program to Stimulate Competitive Research. 

Sec. 1003. Science, technology, engineering, and mathematics commercial orbital 

platform program. 

TITLE XI—RESCOPING AND REVITALIZING INSTITUTIONAL CAPABILITIES 

Sec. 1101. Sense of Congress. 

Sec. 1102. Institutional requirements study. 

Sec. 1103. NASA capabilities study requirement. 

Sec. 1104. Sense of Congress on community transition support. 

Sec. 1105. Workforce stabilization and critical skills preservation. 

TITLE XII—OTHER MATTERS 

Sec. 1201. Report on space traffic management. 

Sec. 1202. National and international orbital debris mitigation. 

Sec. 1203. Reports on program and cost assessment and control assessment. 

Sec. 1204. Eligibility for service of individual currently serving as Administrator of 

NASA. 

Sec. 1205. Sense of Congress on independent verification and validation of NASA 

software. 

Sec. 1206. Counterfeit parts. 

Sec. 1207. Information security. 

Sec. 1208. National Center for Human Performance. 


joloto on DSKHC5C1J1PROD with PUBLAW
PUBLIC LAW 111–267—OCT. 11, 2010 124 STAT. 2807 

Sec. 1209. Enhanced-use Leasing. 

Sec. 1210. Sense of Congress concerning the Stennis Space Center. 

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

Sec. 1301. Compliance provision. 

SEC. 2. FINDINGS. 

Congress makes the following findings: 

(1) The United States human space flight program has, 

since the first Mercury flight on May 5, 1961, been a source 

of pride and inspiration for the Nation. 

(2) The establishment of and commitment to human exploration goals is essential for providing the necessary long term 

focus and programmatic consistency and robustness of the 

United States civilian space program. 

(3) The National Aeronautics and Space Administration 

is and should remain a multi-mission agency with a balanced 

and robust set of core missions in science, aeronautics, and 

human space flight and exploration. 

(4) In the 50 years since the establishment of NASA, the 

arena of space has evolved substantially. As the uses and 

users of space continue to expand, the issues and operations 

in the regions closest to Earth have become increasingly complex, with a growing number of overlaps between civil, commercial and national security activities. These developments 

present opportunities and challenges to the space activities 

of NASA and the United States. 

(5) The extraordinary challenges of achieving access to 

space both motivated and accelerated the development of technologies and industrial capabilities that have had widespread 

applications which have contributed to the technological excellence of the United States. It is essential to tie space activity 

to human challenges ranging from enhancing the influence, 

relationships, security, economic development, and commerce 

of the United States to improving the overall human condition. 

(6) It is essential to the economic well-being of the United 

States that the aerospace industrial capacity, highly skilled 

workforce, and embedded expertise remain engaged in 

demanding, challenging, and exciting efforts that ensure United 

States leadership in space exploration and related activities. 

(7) Crewmembers provide the essential component to 

ensure the return on investment from and the growth and 

safe operation of the ISS. The Russian Soyuz vehicle has 

allowed continued human presence on the ISS for United States 

crewmembers with its ability to serve as both a routine and 

backup capability for crew delivery, rescue, and return. With 

the impending retirement of the Space Shuttle, the United 

States will find itself with no national crew delivery and return 

system. Without any other system, the United States and all 

the ISS partners will have no redundant system for human 

access to and from the ISS. It is therefore essential that a 

United States capability be developed as soon as possible. 

(8) Existing and emerging United States commercial launch 

capabilities and emerging launch capabilities offer the potential 

for providing crew support assets. New capabilities for human 

crew access to the ISS should be developed in a manner that 

ensures ISS mission assurance and safety. Commercial services 

42 USC 18301. 


joloto on DSKHC5C1J1PROD with PUBLAW
124 STAT. 2808 PUBLIC LAW 111–267—OCT. 11, 2010 

offer the potential to broaden the availability and access to 

space at lower costs. 

(9) While commercial transportation systems have the 

promise to contribute valuable services, it is in the United 

States national interest to maintain a government operated 

space transportation system for crew and cargo delivery to 

space. 

(10) Congress restates its commitment, expressed in the 

National Aeronautics and Space Administration Authorization 

Act of 2005 (Public Law 109–155) and the National Aeronautics 

and Space Administration Authorization Act of 2008 (Public 

Law 110–422), to the development of commercially developed 

launch and delivery systems to the ISS for crew and cargo 

missions. Congress reaffirms that NASA shall make use of 

United States commercially provided ISS crew transfer and 

crew rescue services to the maximum extent practicable. 

(11) It is critical to identify an appropriate combination 

of NASA and related United States Government programs, 

while providing a framework that allows partnering, leveraging 

and stimulation of the existing and emerging commercial and 

international efforts in both near Earth space and the regions 

beyond. 

(12) The designation of the United States segment of the 

ISS as a National Laboratory, as provided by the National 

Aeronautics and Space Administration Authorization Act of 

2005 and the National Aeronautics and Space Administration 

Authorization Act of 2008, provides an opportunity for multiple 

United States Government agencies, university-based 

researchers, research organizations, and others to utilize the 

unique environment of microgravity for fundamental scientific 

research and potential economic development. 

(13) For some potential replacement elements necessary 

for ISS sustainability, the Space Shuttle may represent the 

only vehicle, existing or planned, capable of carrying those 

elements to the ISS in the near term. Additional or alternative 

transportation capabilities must be identified as contingency 

delivery options, and accompanied by an independent analysis 

of projected availability of such capabilities. 

(14) The United States must develop, as rapidly as possible, 

replacement vehicles capable of providing both human and 

cargo launch capability to low-Earth orbit and to destinations 

beyond low-Earth orbit. 

(15) There is a need for national space and export control 

policies that protect the national security of the United States 

while also enabling the United States and its aerospace 

industry to undertake cooperative programs in science and 

human space flight in an effective and efficient manner and 

to compete effectively in the global market place. 

SEC. 3. DEFINITIONS. 

In this Act: 

(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the 

Administrator of the National Aeronautics and Space Administration. 

(2) APPROPRIATE COMMITTEES OF CONGRESS.—The term 

‘‘appropriate committees of Congress’’ means— 

42 USC 18302. 


joloto on DSKHC5C1J1PROD with PUBLAW
PUBLIC LAW 111–267—OCT. 11, 2010 124 STAT. 2809 

(A) the Committee on Commerce, Science, and 

Transportation of the Senate; and 

(B) the Committee on Science of the House of Representatives. 

(3) CIS-LUNAR SPACE.—The term ‘‘cis-lunar space’’ means 

the region of space from the Earth out to and including the 

region around the surface of the Moon. 

(4) DEEP SPACE.—The term ‘‘deep space’’ means the region 

of space beyond cis-lunar space. 

(5) ISS.—The term ‘‘ISS’’ means the International Space 

Station. 

(6) NASA.—The term ‘‘NASA’’ means the National Aeronautics and Space Administration. 

(7) NEAR-EARTH SPACE.—The term ‘‘near-Earth space’’ 

means the region of space that includes low-Earth orbit and 

extends out to and includes geo-synchronous orbit. 

(8) NOAA.—The term ‘‘NOAA’’ means the National Oceanic 

and Atmospheric Administration. 

(9) OSTP.—The term ‘‘OSTP’’ means the Office of Science 

and Technology Policy. 

(10) SPACE LAUNCH SYSTEM.—The term ‘‘Space Launch 

System’’ means the follow-on government-owned civil launch 

system developed, managed, and operated by NASA to serve 

as a key component to expand human presence beyond lowEarth orbit. 

TITLE I—AUTHORIZATION OF 

APPROPRIATIONS 

SEC. 101. FISCAL YEAR 2011. 

There are authorized to be appropriated to NASA for fiscal year 2011, $19,000,000,000, as follows: (1) For Exploration, $3,868,000,000, of which— (A) $1,120,000,000 shall be for a multi-purpose crew 

vehicle, and associated program and other necessary support; (B) $1,631,000,000 shall be for Space Launch System 

and associated program and other necessary support; (C) $250,000,000 shall be for Exploration Technology 

Development; (D) $155,000,000 shall be for Human Research; 

(E) $300,000,000 shall be for Commercial Cargo; 

(F) $312,000,000 shall be for Commercial Crew 

Development activities and studies related to commercial 

crew services; and (G) $100,000,000 shall be for Robotic Precursor Studies 

and Instruments. 

(2) For Space Operations, $5,508,500,000, of which— (A) $2,779,800,000 shall be for the ISS program; 

(B) $1,609,700,000 shall be for Space Shuttle, to support Space Shuttle flight operations and related activities; 

and 

(C) $1,119,000,000 for Space and Flight Services, of 

which $428,600,000 shall be directed toward NASA launch 

support and infrastructure modernization program. 

(3) For Science, $5,005,600,000, of which— 


joloto on DSKHC5C1J1PROD with PUBLAW
124 STAT. 2810 PUBLIC LAW 111–267—OCT. 11, 2010 

(A) $1,801,800,000 shall be for Earth Sciences; 

(B) $1,485,700,000 shall be for Planetary Science; 

(C) $1,076,300,000 shall be for Astrophysics; and 

(D) $641,900,000 shall be for Heliophysics. 

(4) For Aeronautics, $929,600,000, of which— 

(A) $579,600,000 shall be for Aeronautics Research; 

and 

(B) $350,000,000 shall be for Space Technology. 

(5) For Education, $145,800,000, of which— 

(A) $25,000,000 shall be for the Experimental Program 

to Stimulate Competitive Research; and 

(B) $45,600,000 shall be for the Space Grant program. 

(6) For Cross-Agency Support Programs, $3,111,400,000. 

(7) For Construction and Environmental Compliance and 

Restoration, $394,300,000. 

(8) For Inspector General, $37,000,000. 

SEC. 102. FISCAL YEAR 2012. 

There are authorized to be appropriated to NASA for fiscal 

year 2012, $19,450,000,000, as follows: 

(1) For Exploration, $5,252,300,000, of which— 

(A) $1,400,000,000 shall be for a multi-purpose crew 

vehicle and associated program and other necessary support; 

(B) $2,650,000,000 shall be for Space Launch System 

and associated program and other necessary support; 

(C) $437,300,000 shall be for Exploration Technology 

Development; 

(D) $165,000,000 shall be for Human Research; 

(E) $500,000,000 shall be for commercial crew capabilities; and 

(F) $100,000,000 shall be for Robotic Precursor 

Instruments and Low-Cost Missions. 

(2) For Space Operations, $4,141,500,000, of which— 

(A) $2,952,250,000 shall be for the ISS operations and 

crew/cargo support; and 

(B) $1,189,250,000 shall be for Space and Flight Services, of which $500,000,000 shall be directed toward the 

NASA launch support and infrastructure modernization 

program. 

(3) For Science, $5,248,600,000, of which— 

(A) $1,944,500,000 shall be for Earth Sciences; 

(B) $1,547,200,000 shall be for Planetary Science; 

(C) $1,109,300,000 shall be for Astrophysics; and 

(D) $647,600,000 shall be for Heliophysics. 

(4) For Aeronautics, $1,070,600,000, of which— 

(A) $584,700,000 shall be for Aeronautics Research; 

and 

(B) $486,000,000 shall be for Space Technology. 

(5) For Education, $145,800,000, of which— 

(A) $25,000,000 shall be for the Experimental Program 

to Stimulate Competitive Research; and 

(B) $45,600,000 shall be for the Space Grant program. 

(6) For Cross-Agency Support Programs, $3,189,600,000. 

(7) For Construction and Environmental Compliance and 

Restoration, $363,800,000. 

(8) For Inspector General, $37,800,000. 


joloto on DSKHC5C1J1PROD with PUBLAW
PUBLIC LAW 111–267—OCT. 11, 2010 124 STAT. 2811 

SEC. 103. FISCAL YEAR 2013. 

There are authorized to be appropriated to NASA for fiscal year 2013, $19,960,000,000, as follows: (1) For Exploration, $5,264,000,000, of which— (A) $1,400,000,000 shall be for a multi-purpose crew 

vehicle and associated program and other necessary support; (B) $2,640,000,000 shall be for Space Launch System 

and associated program and other necessary support; (C) $449,000,000 shall be for Exploration Technology 

Development; (D) $175,000,000 shall be for Human Research; 

(E) $500,000,000 shall be for commercial crew capabilities; and (F) $100,000,000 shall be for Robotic Precursor 

Instruments and Low-Cost Missions. 

(2) For Space Operations, $4,253,300,000, of which— (A) $3,129,400,000 shall be for the ISS operations and 

crew/cargo support; and (B) $1,123,900,000 shall be for Space and Flight Serv- ices, of which $400,000,000 shall be directed toward the 

NASA launch support and infrastructure modernization 

program. 

(3) For Science, $5,509,600,000, of which— 

(A) $2,089,500,000 shall be for Earth Sciences; 

(B) $1,591,200,000 shall be for Planetary Science; 

(C) $1,149,100,000 shall be for Astrophysics; and 

(D) $679,800,000 shall be for Heliophysics. 

(4) For Aeronautics, $1,105,000,000, of which— 

(A) $590,000,000 shall be for Aeronautics Research; 

and 

(B) $515,000,000 shall be for Space Technology. 

(5) For Education, $145,700,000, of which— 

(A) $25,000,000 shall be for the Experimental Program 

to Stimulate Competitive Research; and (B) $45,600,000 shall be for the Space Grant program. (6) For Cross-Agency Support Programs, $3,276,800,000. 

(7) For Construction and Environmental Compliance and Restoration, $366,900,000. 

(8) For Inspector General, $38,700,000. 

TITLE II—POLICY, GOALS, AND OBJECTIVES FOR HUMAN SPACE FLIGHT 

AND EXPLORATION 

SEC. 201. UNITED STATES HUMAN SPACE FLIGHT POLICY. 

(a) USE OF NON-UNITED STATES HUMAN SPACE FLIGHT

TRANSPORTATION CAPABILITIES.—It is the policy of the United States 

that reliance upon and use of non-United States human space 

flight capabilities shall be undertaken only as a contingency in 

circumstances where no United States-owned and operated human 

space flight capability is available, operational, and certified for 

flight by appropriate Federal agencies. 

(b) UNITED STATES HUMAN SPACE FLIGHT CAPABILITIES.—Congress reaffirms the policy stated in section 501(a) of the National 

42 USC 18311. 


joloto on DSKHC5C1J1PROD with PUBLAW
124 STAT. 2812 PUBLIC LAW 111–267—OCT. 11, 2010 

Aeronautics and Space Administration Authorization Act of 2005 

(42 U.S.C. 16761(a)), that the United States shall maintain an 

uninterrupted capability for human space flight and operations 

in low-Earth orbit, and beyond, as an essential instrument of 

national security and of the capacity to ensure continued United 

States participation and leadership in the exploration and utilization of space. 

SEC. 202. GOALS AND OBJECTIVES. 

(a) LONG TERM GOAL.—The long term goal of the human space 

flight and exploration efforts of NASA shall be to expand permanent 

human presence beyond low-Earth orbit and to do so, where practical, in a manner involving international partners. 

(b) KEY OBJECTIVES.—The key objectives of the United States 

for human expansion into space shall be— 

(1) to sustain the capability for long-duration presence 

in low-Earth orbit, initially through continuation of the ISS 

and full utilization of the United States segment of the ISS 

as a National Laboratory, and through assisting and enabling 

an expanded commercial presence in, and access to, low-Earth 

orbit, as elements of a low-Earth orbit infrastructure; 

(2) to determine if humans can live in an extended manner 

in space with decreasing reliance on Earth, starting with utilization of low-Earth orbit infrastructure, to identify potential 

roles that space resources such as energy and materials may 

play, to meet national and global needs and challenges, such 

as potential cataclysmic threats, and to explore the viability 

of and lay the foundation for sustainable economic activities 

in space; 

(3) to maximize the role that human exploration of space 

can play in advancing overall knowledge of the universe, supporting United States national and economic security and the 

United States global competitive posture, and inspiring young 

people in their educational pursuits; and 

(4) to build upon the cooperative and mutually beneficial 

framework established by the ISS partnership agreements and 

experience in developing and undertaking programs and 

meeting objectives designed to realize the goal of human space 

flight set forth in subsection (a). 

SEC. 203. ASSURANCE OF CORE CAPABILITIES. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) the ISS, technology developments, the current Space 

Shuttle program, and follow-on transportation systems authorized by this Act form the foundation of initial capabilities 

for missions beyond low-Earth orbit to a variety of lunar and 

Lagrangian orbital locations; and 

(2) these initial missions and related capabilities should 

be utilized to provide operational experience, technology 

development, and the placement and assured use of in-space 

infrastructure and in-space servicing of existing and future 

assets. 

(b) SPACE SHUTTLE CAPABILITY ASSURANCE.— 

(1) DEVELOPMENT OF FOLLOW-ON SPACE TRANSPORTATION

SYSTEMS.—The Administrator shall proceed with the development of follow-on space transportation systems in a manner 

that ensures that the national capability to restart and fly 

Space Shuttle missions can be initiated if required by the 

42 USC 18313. 

42 USC 18312. 


joloto on DSKHC5C1J1PROD with PUBLAW
PUBLIC LAW 111–267—OCT. 11, 2010 124 STAT. 2813 

Congress, in an Act enacted after the date of enactment of 

this Act, or by a Presidential determination transmitted to 

the Congress, before the last Space Shuttle mission authorized 

by this Act is completed. 

(2) REQUIRED ACTIONS.—In carrying out the requirement 

in paragraph (1), the Administrator shall authorize refurbishment of the manufactured external tank of the Space Shuttle, 

designated as ET–94, and take all actions necessary to enable 

its readiness for use in the Space Launch System development 

as a critical skills and capability retention effort or for test 

purposes, while preserving the ability to use this tank if needed 

for an ISS contingency if deemed necessary under paragraph 

(1). 

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

(a) IN GENERAL.—In fiscal year 2012 the Administrator shall 

contract with the National Academies for a review of the goals, 

core capabilities, and direction of human space flight, using the 

goals set forth in the National Aeronautics and Space Act of 1958, 

the National Aeronautics and Space Administration Authorization 

Act of 2005, and the National Aeronautics and Space Administration 

Authorization Act of 2008, the goals set forth in this Act, and 

goals set forth in any existing statement of space policy issued 

by the President. 

(b) ELEMENTS.—The review shall include— 

(1) a broad spectrum of participation with representatives 

of a range of disciplines, backgrounds, and generations, 

including civil, commercial, international, scientific, and 

national security interests; 

(2) input from NASA’s international partner discussions 

and NASA’s Human Exploration Framework Team; 

(3) an examination of the relationship of national goals 

to foundational capabilities, robotic activities, technologies, and 

missions authorized by this Act; 

(4) a review and prioritization of scientific, engineering, 

economic, and social science questions to be addressed by 

human space exploration to improve the overall human condition; and 

(5) findings and recommendations for fiscal years 2014 

through 2023. 

TITLE III—EXPANSION OF HUMAN 

SPACE FLIGHT BEYOND THE INTERNATIONAL SPACE STATION AND LOWEARTH ORBIT 

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

(a) FINDINGS.—Congress makes the following findings: 

(1) The extension of the human presence from low-Earth 

orbit to other regions of space beyond low-Earth orbit will 

enable missions to the surface of the Moon and missions to 

deep space destinations such as near-Earth asteroids and Mars. 

(2) The regions of cis-lunar space are accessible to other 

national and commercial launch capabilities, and such access 

raises a host of national security concerns and economic 

42 USC 18321. 

Contracts. 


joloto on DSKHC5C1J1PROD with PUBLAW
124 STAT. 2814 PUBLIC LAW 111–267—OCT. 11, 2010 

implications that international human space endeavors can 

help to address. 

(3) The ability to support human missions in regions beyond 

low-Earth orbit and on the surface of the Moon can also drive 

developments in emerging areas of space infrastructure and 

technology. 

(4) Developments in space infrastructure and technology 

can stimulate and enable increased space applications, such 

as in-space servicing, propellant resupply and transfer, and 

in situ resource utilization, and open opportunities for additional users of space, whether national, commercial, or international. 

(5) A long term objective for human exploration of space 

should be the eventual international exploration of Mars. 

(6) Future international missions beyond low-Earth orbit 

should be designed to incorporate capability development and 

availability, affordability, and international contributions. 

(7) Human space flight and future exploration beyond lowEarth orbit should be based around a pay-as-you-go approach. 

Requirements in new launch and crew systems authorized in 

this Act should be scaled to the minimum necessary to meet 

the core national mission capability needed to conduct cislunar missions. These initial missions, along with the development of new technologies and in-space capabilities can form 

the foundation for missions to other destinations. These initial 

missions also should provide operational experience prior to 

the further human expansion into space. 

(b) REPORT ON INTERNATIONAL COLLABORATION.— 

(1) REPORT REQUIRED.—Not later than 120 days after the 

date of the enactment of this Act, the Administrator shall 

submit to the appropriate committees of Congress a report 

on the following assets and capabilities: 

(A) Any effort by NASA to expand and ensure effective 

international collaboration on the ISS. 

(B) The efforts of NASA, including its approach and 

progress, in defining near-term, cis-lunar space human missions. 

(2) NASA CONTRIBUTIONS.—In preparing the report 

required by paragraph (1), the Administrator shall assume 

that NASA will contribute to the efforts described in that 

paragraph the following: 

(A) A Space Launch System. 

(B) A multi-purpose crew vehicle. 

(C) Such other technology elements the Administrator 

may consider appropriate, and which the Administrator 

shall specifically identify in the report. 

SEC. 302. SPACE LAUNCH SYSTEM AS FOLLOW-ON LAUNCH VEHICLE 

TO THE SPACE SHUTTLE. 

(a) UNITED STATES POLICY.—It is the policy of the United 

States that NASA develop a Space Launch System as a followon to the Space Shuttle that can access cis-lunar space and the 

regions of space beyond low-Earth orbit in order to enable the 

United States to participate in global efforts to access and develop 

this increasingly strategic region. 

(b) INITIATION OF DEVELOPMENT.— 

42 USC 18322. 


joloto on DSKHC5C1J1PROD with PUBLAW
PUBLIC LAW 111–267—OCT. 11, 2010 124 STAT. 2815 

(1) IN GENERAL.—The Administrator shall, as soon as practicable after the date of the enactment of this Act, initiate 

development of a Space Launch System meeting the minimum 

capabilities requirements specified in subsection (c). 

(2) MODIFICATION OF CURRENT CONTRACTS.—In order to 

limit NASA’s termination liability costs and support critical 

capabilities, the Administrator shall, to the extent practicable, 

extend or modify existing vehicle development and associated 

contracts necessary to meet the requirements in paragraph 

(1), including contracts for ground testing of solid rocket motors, 

if necessary, to ensure their availability for development of 

the Space Launch System. 

(c) MINIMUM CAPABILITY REQUIREMENTS.— (1) IN GENERAL.—The Space Launch System developed 

pursuant to subsection (b) shall be designed to have, at a 

minimum, the following: 

(A) The initial capability of the core elements, without 

an upper stage, of lifting payloads weighing between 70 

tons and 100 tons into low-Earth orbit in preparation for 

transit for missions beyond low-Earth orbit. 

(B) The capability to carry an integrated upper Earth 

departure stage bringing the total lift capability of the 

Space Launch System to 130 tons or more. 

(C) The capability to lift the multipurpose crew vehicle. 

(D) The capability to serve as a backup system for 

supplying and supporting ISS cargo requirements or crew 

delivery requirements not otherwise met by available 

commercial or partner-supplied vehicles. 

(2) FLEXIBILITY.—The Space Launch System shall be 

designed from inception as a fully-integrated vehicle capable 

of carrying a total payload of 130 tons or more into low-Earth 

orbit in preparation for transit for missions beyond low-Earth 

orbit. The Space Launch System shall, to the extent practicable, 

incorporate capabilities for evolutionary growth to carry heavier 

payloads. Developmental work and testing of the core elements 

and the upper stage should proceed in parallel subject to appropriations. Priority should be placed on the core elements with 

the goal for operational capability for the core elements not 

later than December 31, 2016. 

(3) TRANSITION NEEDS.—The Administrator shall ensure 

critical skills and capabilities are retained, modified, and developed, as appropriate, in areas related to solid and liquid 

engines, large diameter fuel tanks, rocket propulsion, and other 

ground test capabilities for an effective transition to the followon Space Launch System. 

(4) The capacity for efficient and timely evolution, including 

the incorporation of new technologies, competition of sub-elements, and commercial operations. 

SEC. 303. MULTI-PURPOSE CREW VEHICLE. 

(a) INITIATION OF DEVELOPMENT.— (1) IN GENERAL.—The Administrator shall continue the 

development of a multi-purpose crew vehicle to be available 

as soon as practicable, and no later than for use with the 

Space Launch System. The vehicle shall continue to advance 

development of the human safety features, designs, and systems 

in the Orion project. 

42 USC 18323. 

Deadline. 


joloto on DSKHC5C1J1PROD with PUBLAW
124 STAT. 2816 PUBLIC LAW 111–267—OCT. 11, 2010 

(2) GOAL FOR OPERATIONAL CAPABILITY.—It shall be the 

goal to achieve full operational capability for the transportation 

vehicle developed pursuant to this subsection by not later than 

December 31, 2016. For purposes of meeting such goal, the 

Administrator may undertake a test of the transportation 

vehicle at the ISS before that date. 

(b) MINIMUM CAPABILITY REQUIREMENTS.—The multi-purpose 

crew vehicle developed pursuant to subsection (a) shall be designed 

to have, at a minimum, the following: 

(1) The capability to serve as the primary crew vehicle 

for missions beyond low-Earth orbit. 

(2) The capability to conduct regular in-space operations, 

such as rendezvous, docking, and extra-vehicular activities, in 

conjunction with payloads delivered by the Space Launch 

System developed pursuant to section 302, or other vehicles, 

in preparation for missions beyond low-Earth orbit or servicing 

of assets described in section 804, or other assets in cis-lunar 

space. 

(3) The capability to provide an alternative means of 

delivery of crew and cargo to the ISS, in the event other 

vehicles, whether commercial vehicles or partner-supplied 

vehicles, are unable to perform that function. 

(4) The capacity for efficient and timely evolution, including 

the incorporation of new technologies, competition of sub-elements, and commercial operations. 

SEC. 304. UTILIZATION OF EXISTING WORKFORCE AND ASSETS IN 

DEVELOPMENT OF SPACE LAUNCH SYSTEM AND MULTIPURPOSE CREW VEHICLE. 

(a) IN GENERAL.—In developing the Space Launch System 

pursuant to section 302 and the multi-purpose crew vehicle pursuant to section 303, the Administrator shall, to the extent practicable 

utilize— 

(1) existing contracts, investments, workforce, industrial 

base, and capabilities from the Space Shuttle and Orion and 

Ares 1 projects, including— 

(A) space-suit development activities for application 

to, and coordinated development of, a multi-purpose crew 

vehicle suit and associated life-support requirements with 

potential development of standard NASA-certified suit and 

life support systems for use in alternative commerciallydeveloped crew transportation systems; and 

(B) Space Shuttle-derived components and Ares 1 

components that use existing United States propulsion systems, including liquid fuel engines, external tank or tankrelated capability, and solid rocket motor engines; and 

(2) associated testing facilities, either in being or under 

construction as of the date of enactment of this Act. 

(b) DISCHARGE OF REQUIREMENTS.—In meeting the requirements of subsection (a), the Administrator— 

(1) shall, to the extent practicable, utilize ground-based 

manufacturing capability, ground testing activities, launch and 

operations infrastructure, and workforce expertise; 

(2) shall, to the extent practicable, minimize the modification and development of ground infrastructure and maximize 

the utilization of existing software, vehicle, and mission operations processes; 

Contracts. 

42 USC 18324. 

Deadline. 


joloto on DSKHC5C1J1PROD with PUBLAW
PUBLIC LAW 111–267—OCT. 11, 2010 124 STAT. 2817 

(3) shall complete construction and activation of the A– 

3 test stand with a completion goal of September 30, 2013; 

(4) may procure, develop, and flight test applicable components; and 

(5) shall take appropriate actions to ensure timely and 

cost-effective development of the Space Launch System and 

the multi-purpose crew vehicle, including the use of a procurement approach that incorporates adequate and effective oversight, the facilitation of contractor efficiencies, and the streamlining of contract and procurement requirements. 

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

(a) IN GENERAL.—The Administrator shall carry out a program 

the primary purpose of which is to prepare infrastructure at the 

Kennedy Space Center that is needed to enable processing and 

launch of the Space Launch System. Vehicle interfaces and other 

ground processing and payload integration areas should be simplified to minimize overall costs, enhance safety, and complement 

the purpose of this section. 

(b) ELEMENTS.—The program required by this section shall 

include— 

(1) investments to improve civil and national security operations at the Kennedy Space Center, to enhance the overall 

capabilities of the Center, and to reduce the long term cost 

of operations and maintenance; 

(2) measures to provide multi-vehicle support, improvements in payload processing, and partnering at the Kennedy 

Space Center; and 

(3) such other measures, including investments to improve 

launch infrastructure at NASA flight facilities scheduled to 

launch cargo to the ISS under the commercial orbital transportation services program as the Administrator may consider 

appropriate. 

(c) REPORT ON NASA LAUNCH SUPPORT AND INFRASTRUCTURE

MODERNIZATION PROGRAM.— 

(1) REPORT REQUIRED.—Not later than 120 days after the 

date of the enactment of this Act, the Administrator shall 

submit to the appropriate committees of Congress a report 

on the plan for the implementation of the NASA launch support 

and infrastructure modernization program. 

(2) ELEMENTS.—The report required by this subsection 

shall include— 

(A) a description of the ground infrastructure plan 

tied to the Space Launch System and potential ground 

investment activities at other NASA centers related to 

supporting the development of the Space Launch System; 

(B) a description of proposed initiatives intended to 

be conducted jointly or in cooperation with Cape Canaveral 

Air Force Station, Florida, or other installations or components of the United States Government; and 

(C) a description of plans to use funds authorized to 

be appropriated by this Act to improve non-NASA facilities, 

which plans shall include a business plan outlining the 

nature and scope of investments planned by other parties. 

42 USC 18325. 

Deadline. 


joloto on DSKHC5C1J1PROD with PUBLAW
124 STAT. 2818 PUBLIC LAW 111–267—OCT. 11, 2010 

SEC. 306. REPORT ON EFFECTS OF TRANSITION TO SPACE LAUNCH 

SYSTEM ON THE SOLID AND LIQUID ROCKET MOTOR 

INDUSTRIAL BASES. 

(a) REPORT REQUIRED.—Not later than 120 days after the date 

of the enactment of this Act, the Administrator shall submit to 

Congress a report setting forth an assessment, prepared by the 

Administrator, in consultation with the Secretary of Defense and 

the Secretary of Commerce, of the effects of the retirement of 

the Space Shuttle, and of the transition to the Space Launch System 

developed pursuant to section 302, on the solid rocket motor industrial base and the liquid rocket motor industrial base in the United 

States. 

(b) MATTERS TO BE ADDRESSED.—In preparing the assessment 

required by subsection (a), the Administrator shall address the 

following: 

(1) The effects of efficiencies and efforts to stream-line 

the industrial bases referred to in subsection (a) for support 

of civil, military, and commercial users. 

(2) The extent to which the United States is reliant on 

non-United States systems, including foreign rocket motors and 

foreign launch vehicles. 

(3) Such other matters as the Administrator, in consultation with the Secretary of Defense and the Secretary of Commerce, may consider appropriate. 

SEC. 307. SENSE OF CONGRESS ON OTHER TECHNOLOGY AND ROBOTIC 

ELEMENTS IN HUMAN SPACE FLIGHT AND EXPLORATION. 

It is the sense of Congress that a balance is needed in human 

space flight between using and building upon existing capabilities 

and investing in and enabling new capabilities. Technology development provides the potential to develop an increased ability to 

operate and extend human presence in space, while at the same 

time enhance the nation’s economic development and aid in 

addressing challenges here on Earth. Additionally, the establishment of in-space capabilities, use of space resources, and the ability 

to repair and reuse systems in space can contribute to the overall 

goals of extending human presence in space in an international 

manner, consistent with section 301(a). 

SEC. 308. DEVELOPMENT OF TECHNOLOGIES AND IN-SPACE CAPABILITIES FOR BEYOND NEAR-EARTH SPACE MISSIONS. 

(a) DEVELOPMENT AUTHORIZED.—The Administrator may initiate activities to develop the following: 

(1) Technologies identified as necessary elements of missions beyond low-Earth orbit. 

(2) In-space capabilities such as refueling and storage technology, orbital transfer stages, innovative in-space propulsion 

technology, communications, and data management that facilitate a broad range of users (including military and commercial) 

and applications defining the architecture and design of such 

missions. 

(3) Spacesuit development and associated life support technology. 

(4) Flagship missions. 

(b) INVESTMENTS.—In developing technologies and capabilities 

under subsection (a), the Administrator may make investments— 

42 USC 18326. 


joloto on DSKHC5C1J1PROD with PUBLAW
PUBLIC LAW 111–267—OCT. 11, 2010 124 STAT. 2819 

(1) in space technologies such as advanced propulsion, 

propellant depots, in situ resource utilization, and robotic payloads or capabilities that enable human missions beyond lowEarth orbit ultimately leading to Mars; 

(2) in a space-based transfer vehicle including these technologies with an ability to conduct space-based operations that 

provide capabilities— 

(A) to integrate with the Space Launch System and 

other space-based systems; 

(B) to provide opportunities for in-space servicing of 

and delivery to multiple space-based platforms; and 

(C) to facilitate international efforts to expand human 

presence to deep space destinations; 

(3) in advanced life support technologies and capabilities; 

(4) in technologies and capabilities relating to in-space 

power, propulsion, and energy systems; 

(5) in technologies and capabilities relating to in-space 

propellant transfer and storage; 

(6) in technologies and capabilities relating to in situ 

resource utilization; and 

(7) in expanded research to understand the greatest 

biological impediments to human deep space missions, especially the radiation challenge. 

(c) UTILIZATION OF ISS AS TESTBED.—The Administrator may 

utilize the ISS as a testbed for any technology or capability developed under subsection (a) in a manner consistent with the provisions 

of this Act. 

(d) COORDINATION.—The Administrator shall coordinate 

development of technologies and capabilities under this section 

through an overall agency technology approach, as authorized by 

section 905 of this Act. 

SEC. 309. REPORT REQUIREMENT. 

Within 90 days after the date of enactment of this Act, or 

upon completion of reference designs for the Space Launch System 

and Multi-purpose Crew Vehicle authorized by this Act, whichever 

occurs first, the Administrator shall provide a detailed report to 

the appropriate committees of Congress that provides an overall 

description of the reference vehicle design, the assumptions, description, data, and analysis of the systems trades and resolution process, 

justification of trade decisions, the design factors which implement 

the essential system and vehicle capability requirements established 

by this Act, the explanation and justification of any deviations 

from those requirements, the plan for utilization of existing contracts, civil service and contract workforce, supporting infrastructure utilization and modifications, and procurement strategy to 

expedite development activities through modification of existing 

contract vehicles, and the schedule of design and development milestones and related schedules leading to the accomplishment of 

operational goals established by this Act. The Administrator shall 

provide an update of this report as part of the President’s annual 

Budget Request. 

42 USC 18327. 


joloto on DSKHC5C1J1PROD with PUBLAW
124 STAT. 2820 PUBLIC LAW 111–267—OCT. 11, 2010 

TITLE IV—DEVELOPMENT AND USE OF 

COMMERCIAL CREW AND CARGO 

TRANSPORTATION CAPABILITIES 

SEC. 401. COMMERCIAL CARGO DEVELOPMENT PROGRAM. 

The Administrator shall continue to support the existing 

Commercial Orbital Transportation Services program, aimed at 

enabling the commercial space industry in support of NASA to 

develop reliable means of launching cargo and supplies to the 

ISS throughout the duration of the facility’s operation. The Administrator may apply funds towards the reduction of risk to the timely 

start of these services, specifically— 

(1) efforts to conduct a flight test; 

(2) accelerate development; and 

(3) develop the ground infrastructure needed for commercial 

cargo capability. 

SEC. 402. COMMERCIAL CREW DEVELOPMENT PROGRAM. 

(a) CONTINUATION OF PROGRAM DURING FISCAL YEAR 2011.— 

The Administrator shall continue, and may expand the number 

of participants and the activities of, the Commercial Crew Development (CCDEV) program in fiscal year 2011, subject to the provisions 

of this title. 

(b) CONTINUATION OF ACTIVITIES AND AGREEMENTS OF FISCAL

YEAR 2010.—In carrying out subsection (a), the Administrator may 

continue or expand activities and agreements initiated in fiscal 

year 2010 that reduce risk, develop technologies, and lead to other 

advancements that will help determine the most effective and efficient means of advancing the development of commercial crew 

services. 

SEC. 403. REQUIREMENTS APPLICABLE TO DEVELOPMENT OF 

COMMERCIAL CREW TRANSPORTATION CAPABILITIES 

AND SERVICES. 

(a) FY 2011 CONTRACTS AND PROCUREMENT AGREEMENTS.— 

(1) IN GENERAL.—Except as provided in paragraph (2), the 

Administrator may not execute a contract or procurement 

agreement with respect to follow-on commercial crew services 

during fiscal year 2011. 

(2) EXCEPTION.—Notwithstanding paragraph (1), the 

Administrator may execute a contract or procurement agreement with respect to follow-on commercial crew services during 

fiscal year 2011 if— 

(A) the requirements of paragraphs (1), (2), and (3) 

of subsection (b) are met; and 

(B) the total amount involved for all such contracts 

and procurement agreements executed during fiscal year 

2011 does not exceed $50,000,000 for fiscal year 2011. 

(b) SUPPORT.—The Administrator may, beginning in fiscal year 

2012 through the duration of the program, support follow-on 

commercially-developed crew transportation systems dependent 

upon the completion of each of the following: 

(1) HUMAN RATING REQUIREMENTS.—Not later than 60 days 

after the date of the enactment of this Act, the Administrator 

shall develop and make available to the public detailed human 

Deadline. 

Public 

information. 

42 USC 18342. 

42 USC 18341. 


joloto on DSKHC5C1J1PROD with PUBLAW
PUBLIC LAW 111–267—OCT. 11, 2010 124 STAT. 2821 

rating processes and requirements to guide the design of 

commercially-developed crew transportation capabilities, which 

requirements shall be at least equivalent to proven requirements for crew transportation in use as of the date of the 

enactment of this Act. 

(2) COMMERCIAL MARKET ASSESSMENT.—Not later than 180 

days after the date of the enactment of this Act, the Administrator shall submit to the appropriate committees of Congress 

an assessment, conducted, in coordination with the Federal 

Aviation Administration’s Office of Commercial Space Transportation, for purposes of this paragraph, of the potential nonGovernment market for commercially-developed crew and cargo 

transportation systems and capabilities, including an assessment of the activities associated with potential private sector 

utilization of the ISS research and technology development 

capabilities and other potential activities in low-Earth orbit. 

(3) PROCUREMENT SYSTEM REVIEW.—The Administrator 

shall review current Government procurement and acquisition 

practices and processes, including agreement authorities under 

the National Aeronautics and Space Act of 1958, to determine 

the most cost-effective means of procuring commercial crew 

transportation capabilities and related services in a manner 

that ensures appropriate accountability, transparency, and 

maximum efficiency in the procurement of such capabilities 

and services, which review shall include an identification of 

proposed measures to address risk management and means 

of indemnification of commercial providers of such capabilities 

and services, and measures for quality control, safety oversight, 

and the application of Federal oversight processes within the 

jurisdiction of other Federal agencies. A description of the proposed procurement process and justification of the proposed 

procurement for its selection shall be included in any proposed 

initiation of procurement activity for commercially-developed 

crew transportation capabilities and services and shall be subject to review by the appropriate committees of Congress before 

the initiation of any competitive process to procure such 

capabilities or services. In support of the review by such 

committees, the Comptroller General shall undertake an assessment of the proposed procurement process and provide a report 

to the appropriate committees of Congress within 90 days after 

the date on which the Administrator provides the description 

and justification to such committees. 

(4) USE OF GOVERNMENT-SUPPLIED CAPABILITIES AND INFRASTRUCTURE.—In evaluating any proposed development activity 

for commercially-developed crew or cargo launch capabilities, 

the Administrator shall identify the anticipated contribution 

of government personnel, expertise, technologies, and infrastructure to be utilized in support of design, development, or 

operations of such capabilities. This assessment shall include 

a clear delineation of the full requirements for the commercial 

crew service (including the contingency for crew rescue). The 

Administrator shall include details and associated costs of such 

support as part of any proposed development initiative for 

the procurement of commercially-developed crew or cargo 

launch capabilities or services. 

Reports. 

Deadline. 

Deadline. 


joloto on DSKHC5C1J1PROD with PUBLAW
124 STAT. 2822 PUBLIC LAW 111–267—OCT. 11, 2010 

(5) FLIGHT DEMONSTRATION AND READINESS REQUIRE- MENTS.—The Administrator shall establish appropriate milestones and minimum performance objectives to be achieved 

before authority is granted to proceed to the procurement of 

commercially-developed crew transportation capabilities or systems. The guidelines shall include a procedure to provide independent assurance of flight safety and flight readiness before 

the authorization of United States government personnel to 

participate as crew onboard any commercial launch vehicle 

developed pursuant to this section. 

(6) COMMERCIAL CREW RESCUE CAPABILITIES.—The provision of a commercial capability to provide ISS crew services 

shall include crew rescue requirements, and shall be undertaken through the procurement process initiated in conformance 

with this section. In the event such development is initiated, 

the Administrator shall make available any relevant government-owned intellectual property deriving from the development of a multi-purpose crew vehicle authorized by this Act 

to commercial entities involved with such crew rescue capability 

development which shall be relevant to the design of a crew 

rescue capability. In addition, the Administrator shall seek 

to ensure that contracts for development of the multi-purpose 

crew vehicle contain provisions for the licensing of relevant 

intellectual property to participating commercial providers of 

any crew rescue capability development undertaken pursuant 

to this section. If one or more contractors involved with development of the multi-purpose crew vehicle seek to compete in 

development of a commercial crew service with crew rescue 

capability, separate legislative authority must be enacted to 

enable the Administrator to provide funding for any modifications of the multi-purpose crew vehicle necessary to fulfill the 

ISS crew rescue function. 

SEC. 404. REPORT ON INTERNATIONAL SPACE STATION CARGO 

RETURN CAPABILITY. 

Not later than 120 days after the date of the enactment of 

this Act, the Administrator shall submit to the appropriate committees of Congress a report on potential alternative commerciallydeveloped means for the capability for a soft-landing return on 

land from the ISS of— 

(1) research samples or other derivative materials; and 

(2) small to mid-sized (up to 1,000 kilograms) equipment 

for return and analysis, or for refurbishment and redelivery, 

to the ISS. 

TITLE V—CONTINUATION, SUPPORT, 

AND EVOLUTION OF THE INTERNATIONAL SPACE STATION 

SEC. 501. CONTINUATION OF THE INTERNATIONAL SPACE STATION 

THROUGH 2020. 

(a) POLICY OF THE UNITED STATES.—It shall be the policy 

of the United States, in consultation with its international partners 

in the ISS program, to support full and complete utilization of 

the ISS through at least 2020. 

42 USC 18351. 

Standards. 


joloto on DSKHC5C1J1PROD with PUBLAW
PUBLIC LAW 111–267—OCT. 11, 2010 124 STAT. 2823 

(b) NASA ACTIONS.—In furtherance of the policy set forth in 

subsection (a), NASA shall pursue international, commercial, and 

intragovernmental means to maximize ISS logistics supply, maintenance, and operational capabilities, reduce risks to ISS systems 

sustainability, and offset and minimize United States operations 

costs relating to the ISS. 

SEC. 502. MAXIMUM UTILIZATION OF THE INTERNATIONAL SPACE STATION. 

(a) IN GENERAL.—With assembly of the ISS complete, NASA 

shall take steps to maximize the productivity and use of the ISS 

with respect to scientific and technological research and development, advancement of space exploration, and international 

collaboration. 

(b) NASA ACTIONS.—In carrying out subsection (a), NASA shall, 

at a minimum, undertake the following: 

(1) INNOVATIVE USE OF U.S. SEGMENT.—The United States 

segment of the ISS, which has been designated as a National 

Laboratory, shall be developed, managed and utilized in a 

manner that enables the effective and innovative use of such 

facility, as provided in section 504. 

(2) INTERNATIONAL COOPERATION.—The ISS shall continue 

to be utilized as a key component of international efforts to 

build missions and capabilities that further the development 

of a human presence beyond near-Earth space and advance 

United States security and economic goals. The Administrator 

shall actively seek ways to encourage and enable the use of 

ISS capabilities to support these efforts. 

(3) DOMESTIC COLLABORATION.—The operations, management, and utilization of the ISS shall be conducted in a manner 

that provides opportunities for collaboration with other research 

programs and objectives of the United States Government in 

cooperation with commercial suppliers, users, and developers. 

SEC. 503. MAINTENANCE OF THE UNITED STATES SEGMENT AND 

ASSURANCE OF CONTINUED OPERATIONS OF THE INTERNATIONAL SPACE STATION. 

(a) IN GENERAL.—The Administrator shall take all actions necessary to ensure the safe and effective operation, maintenance, 

and maximum utilization of the United States segment of the 

ISS through at least September 30, 2020. 

(b) VEHICLE AND COMPONENT REVIEW.— (1) IN GENERAL.—In carrying out subsection (a), the 

Administrator shall, as soon as is practicable after the date 

of the enactment of this Act, carry out a comprehensive assessment of the essential modules, operational systems and components, structural elements, and permanent scientific equipment 

on board or planned for delivery and installation aboard the 

ISS, including both United States and international partner 

elements, for purposes of identifying the spare or replacement 

modules, systems and components, elements, and equipment 

that are required to ensure complete, effective, and safe functioning and full scientific utilization of the ISS through September 30, 2020. 

(2) DATA.—In carrying out the assessment, the Administrator shall assemble any existing data, and provide for the 

development of any data or analysis not currently available, 

that is necessary for purposes of the assessment. 

Assessment. 

42 USC 18353. 

42 USC 18352. 


joloto on DSKHC5C1J1PROD with PUBLAW
124 STAT. 2824 PUBLIC LAW 111–267—OCT. 11, 2010 

(c) REPORTS.— (1) REPORT ON ASSESSMENT.— (A) REPORT REQUIRED.—Not later than 90 days after 

the date of the enactment of this Act, the Administrator 

shall submit to the appropriate committees of Congress 

a report on the assessment required by subsection (b). 

(B) ELEMENTS.—The report required by this paragraph 

shall include, at minimum, the following: 

(i) A description of the spare or replacement modules, systems and components, elements, and equipment identified pursuant to the assessment that are 

currently produced, in inventory, or on order, a description of the state of their readiness, and a schedule 

for their delivery to the ISS (including the planned 

transportation means for such delivery), including for 

each such module, system or component, element, or 

equipment a description of— 

(I) its specifications, including size, weight, 

and necessary configuration for launch and 

delivery to the ISS; 

(II) its function; 

(III) its location; and 

(IV) its criticality for ISS system integrity. 

(ii) A description of the spare or replacement modules, systems and components, elements, and equipment identified pursuant to the assessment that are 

not currently produced, in inventory, or on order, 

including for each such module, system or component, 

element, or equipment a description of— 

(I) its specifications, including size, weight, 

and necessary configuration for launch and 

delivery to the ISS; 

(II) its function; 

(III) its location; 

(IV) its criticality for ISS system integrity; 

and 

(V) the anticipated cost and schedule for its 

design, procurement, manufacture, and delivery to 

the ISS. 

(iii) A detailed summary of the delivery schedule 

and associated delivery vehicle requirements necessary 

to transport all spare and replacement elements considered essential for the ongoing and sustained 

functionality of all critical systems of the ISS, both 

in and of themselves and as an element of an 

integrated, mutually dependent essential capability, 

including an assessment of the current schedule for 

delivery, the availability of delivery vehicles to meet 

that schedule, and the likelihood of meeting that 

schedule through such vehicles. 

(2) GAO REPORT.— (A) REPORT REQUIRED.—Not later than 90 days after 

the submittal to Congress under paragraph (1) of the 

assessment required by subsection (b), the Comptroller 

General of the United States shall submit to the appropriate committees of Congress a report on the assessment. 

The report shall set forth an evaluation of the assessment 


joloto on DSKHC5C1J1PROD with PUBLAW
PUBLIC LAW 111–267—OCT. 11, 2010 124 STAT. 2825 

by the Comptroller General, including an evaluation of 

the accuracy and level of confidence in the findings of 

the assessment. 

(B) COOPERATION WITH GAO.—The Administrator shall 

provide for the monitoring and participation of the Comptroller General in the assessment in a manner that permits 

the Comptroller General to prepare and submit the report 

required by subparagraph (A). 

(d) UTILIZATION OF RESEARCH FACILITIES AND CAPABILITIES.— Utilization of research facilities and capabilities aboard the ISS 

(other than exploration-related research and technology development facilities and capabilities, and associated ground support and 

logistics), shall be planned, managed, and supported as provided 

in section 504. Exploration-related research and technology development facilities, capabilities, and associated ground support and 

logistics shall be planned, managed, and supported by the appropriate NASA organizations and officials in a manner that does 

not interfere with other activities under section 504. 

(e) SPACE SHUTTLE MISSION TO ISS.— 

(1) SPACE SHUTTLE MISSION.—The Administrator shall fly 

the Launch-On-Need Shuttle mission currently designated in 

the Shuttle Flight Manifest dated February 28, 2010, to the 

ISS in fiscal year 2011, but no earlier than June 1, 2011, 

unless required earlier by an operations contingency, and 

pending the results of the assessment required by paragraph 

(2) and the determination under paragraph (3)(A). 

(2) ASSESSMENT OF SAFE MEANS OF RETURN.—The Administrator shall provide for an assessment by the NASA 

Engineering and Safety Center of the procedures and plans 

developed to ensure the safety of the Space Shuttle crew, and 

alternative means of return, in the event the Space Shuttle 

is damaged or otherwise unable to return safely to Earth. 

(3) SCHEDULE AND PAYLOAD.—The determination of the 

schedule and payload for the mission authorized by paragraph 

(1) shall take into account the following: 

(A) The supply and logistics delivery requirements of 

the ISS. 

(B) The findings of the study required by paragraph 

(2). 

(4) FUNDS.—Amounts authorized to be appropriated by section 101(2)(B) shall be available for the mission authorized 

by paragraph (1). 

(f) SPACE SHUTTLE MANIFEST FLIGHT ASSURANCE.— 

(1) IN GENERAL.—The Administrator shall take all actions 

necessary to preserve Space Shuttle launch capability through 

fiscal year 2011 in a manner that enables the launch, at a 

minimum, of missions and primary payloads in the Shuttle 

flight manifest as of February 28, 2010. 

(2) CONTINUATION OF CONTRACTOR SUPPORT.—The Administrator may not terminate any contract that provides the system 

transitions necessary for shuttle-derived hardware to be used 

on either the multi-purpose crew vehicle described in section 

303 or the Space Launch System described in section 302. 

SEC. 504. MANAGEMENT OF THE ISS NATIONAL LABORATORY. 

(a) COOPERATIVE AGREEMENT WITH NOT-FOR PROFIT ENTITY

FOR MANAGEMENT OF NATIONAL LABORATORY.— 

42 USC 18354. 

Time period. 


joloto on DSKHC5C1J1PROD with PUBLAW
124 STAT. 2826 PUBLIC LAW 111–267—OCT. 11, 2010 

(1) IN GENERAL.—The Administrator shall provide initial 

financial assistance and enter into a cooperative agreement 

with an appropriate organization that is exempt from taxation 

under section 501(c)(3) of the Internal Revenue Code of 1986 

to manage the activities of the ISS national laboratory in 

accordance with this section. 

(2) QUALIFICATIONS.—The organization with which the 

Administrator enters into the cooperative agreement shall 

develop the capabilities to implement research and development 

projects utilizing the ISS national laboratory and to otherwise 

manage the activities of the ISS national laboratory. 

(3) PROHIBITION ON OTHER ACTIVITIES.—The cooperative 

agreement shall require the organization entering into the 

agreement to engage exclusively in activities relating to the 

management of the ISS national laboratory and activities that 

promote its long term research and development mission as 

required by this section, without any other organizational objectives or responsibilities on behalf of the organization or any 

parent organization or other entity. 

(b) NASA LIAISON.— 

(1) DESIGNATION.—The Administrator shall designate an 

official or employee of the Space Operations Mission Directorate 

of NASA to act as liaison between NASA and the organization 

with which the Administrator enters into a cooperative agreement under subsection (a) with regard to the management 

of the ISS national laboratory. 

(2) CONSULTATION WITH LIAISON.—The cooperative agreement shall require the organization entering into the agreement 

to carry out its responsibilities under the agreement in cooperation and consultation with the official or employee designated 

under paragraph (1). 

(c) PLANNING AND COORDINATION OF ISS NATIONAL LABORATORY

RESEARCH ACTIVITIES.—The Administrator shall provide initial 

financial assistance to the organization with which the Administrator enters into a cooperative agreement under subsection (a), 

in order for the organization to initiate the following: 

(1) Planning and coordination of the ISS national laboratory 

research activities. 

(2) Development and implementation of guidelines, selection criteria, and flight support requirements for non-NASA 

scientific utilization of ISS research capabilities and facilities 

available in United States-owned modules of the ISS or in 

partner-owned facilities of the ISS allocated to United States 

utilization by international agreement. 

(3) Interaction with and integration of the International 

Space Station National Laboratory Advisory Committee established under section 602 of the National Aeronautics and Space 

Administration Authorization Act of 2008 (42 U.S.C. 17752) 

with the governance of the organization, and review recommendations provided by that Committee regarding agreements with non-NASA departments and agencies of the United 

States Government, academic institutions and consortia, and 

commercial entities leading to the utilization of the ISS national 

laboratory facilities. 

(4) Coordination of transportation requirements in support 

of the ISS national laboratory research and development objectives, including provision for delivery of instruments, logistics 


joloto on DSKHC5C1J1PROD with PUBLAW
PUBLIC LAW 111–267—OCT. 11, 2010 124 STAT. 2827 

support, and related experiment materials, and provision for 

return to Earth of collected samples, materials, and scientific 

instruments in need of replacement or upgrade. 

(5) Cooperation with NASA, other departments and agencies of the United States Government, the States, and commercial entities in ensuring the enhancement and sustained operations of non-exploration-related research payload ground support facilities for the ISS, including the Space Life Sciences 

Laboratory, the Space Station Processing Facility and Payload 

Operations Integration Center. 

(6) Development and implementation of scientific outreach 

and education activities designed to ensure effective utilization 

of ISS research capabilities including the conduct of scientific 

assemblies, conferences, and other fora for the presentation 

of research findings, methods, and mechanisms for the dissemination of non-restricted research findings and the development 

of educational programs, course supplements, interaction with 

educational programs at all grade levels, including studentfocused research opportunities for conduct of research in the 

ISS national laboratory facilities. 

(7) Such other matters relating to the utilization of the 

ISS national laboratory facilities for research and development 

as the Administrator may consider appropriate. 

(d) RESEARCH CAPACITY ALLOCATION AND INTEGRATION OF

RESEARCH PAYLOADS.— 

(1) ALLOCATION OF ISS RESEARCH CAPACITY.—As soon as 

practicable after the date of the enactment of this Act, but 

not later than October 1, 2011, ISS national laboratory managed experiments shall be guaranteed access to, and utilization 

of, not less than 50 percent of the United States research 

capacity allocation, including power, cold stowage, and requisite 

crew time onboard the ISS through September 30, 2020. Access 

to the ISS research capacity includes provision for the adequate 

upmass and downmass capabilities to utilize the ISS research 

capacity, as available. The Administrator may allocate additional capacity to the ISS national laboratory should such 

capacity be in excess of NASA research requirements. 

(2) ADDITIONAL RESEARCH CAPABILITIES.—If any NASA 

research plan is determined to require research capacity 

onboard the ISS beyond the percentage allocated under paragraph (1), such research plan shall be prepared in the form 

of a requested research opportunity to be submitted to the 

process established under this section for the consideration 

of proposed research within the capacity allocated to the ISS 

national laboratory. A proposal for such a research plan may 

include the establishment of partnerships with non-NASA 

institutions eligible to propose research to be conducted within 

the ISS national laboratory capacity. Until September 30, 2020, 

the official or employee designated under subsection (b) may 

grant an exception to this requirement in the case of a proposed 

experiment considered essential for purposes of preparing for 

exploration beyond low-Earth orbit, as determined by joint 

agreement between the organization with which the Administrator enters into a cooperative agreement under subsection 

(a) and the official or employee designated under subsection 

(b). 

Deadline. 


joloto on DSKHC5C1J1PROD with PUBLAW
124 STAT. 2828 PUBLIC LAW 111–267—OCT. 11, 2010 

(3) RESEARCH PRIORITIES AND ENHANCED CAPACITY.—The 

organization with which the Administrator enters into the 

cooperative agreement shall consider recommendations of the 

National Academies Decadal Survey on Biological and Physical 

Sciences in Space in establishing research priorities and in 

developing proposed enhancements of research capacity and 

opportunities for the ISS national laboratory. 

(4) RESPONSIBILITY FOR RESEARCH PAYLOAD.—NASA shall 

retain its roles and responsibilities in providing research payload physical, analytical, and operations integration during preflight, post-flight, transportation, and orbital phases essential 

to ensure safe and effective flight readiness and vehicle integration of research activities approved and prioritized by the 

organization with which the Administrator enters into the 

cooperative agreement and the official or employee designated 

under subsection (b). 

TITLE VI—SPACE SHUTTLE 

RETIREMENT AND TRANSITION 

SEC. 601. SENSE OF CONGRESS ON THE SPACE SHUTTLE PROGRAM. 

(a) FINDINGS.—Congress makes the following findings: 

(1) The Space Shuttle program represents a national asset 

consisting of critical skills and capabilities, including the ability 

to lift large payloads into space and return them to Earth. 

(2) The Space Shuttle has carried more than 355 people 

from 16 nations into space. 

(3) The Space Shuttle has projected the best of American 

values around the world, and Space Shuttle crews have sparked 

the imagination and dreams of the world’s youth and young 

at heart. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) it is essential that the retirement of the Space Shuttle 

and the transition to new human space flight capabilities be 

done in a manner that builds upon the legacy of this national 

asset; and 

(2) it is imperative for the United States to retain the 

skills and the industrial capability to provide a follow-on Space 

Launch System that is primarily designed for missions beyond 

near-Earth space, while offering some potential for supplanting 

shuttle delivery capabilities to low-Earth orbit, particularly in 

support of ISS requirements, if necessary. 

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

(a) IN GENERAL.—The Administrator shall retire the Space 

Shuttle orbiters pursuant to a schedule established by the Administrator and in a manner consistent with provisions of this Act 

regarding potential requirements for contingency utilization of 

Space Shuttle orbiters for ISS requirements. 

(b) UTILIZATION OF WORKFORCE AND ASSETS IN FOLLOW-ON

SPACE LAUNCH SYSTEM.— 

(1) UTILIZATION OF VEHICLE ASSETS.—In carrying out subsection (a), the Administrator shall, to the maximum extent 

practicable, utilize workforce, assets, and infrastructure of the 

Space Shuttle program in efforts relating to the initiation of 

Schedule. 

42 USC 18362. 

42 USC 18361. 


joloto on DSKHC5C1J1PROD with PUBLAW
PUBLIC LAW 111–267—OCT. 11, 2010 124 STAT. 2829 

a follow-on Space Launch System developed pursuant to section 

302 of this Act. 

(2) OTHER ASSETS.—With respect to the workforce, assets, 

and infrastructure not utilized as described in paragraph (1), 

the Administrator shall work closely with other departments 

and agencies of the Federal Government, and the private sector, 

to divest unneeded assets and to assist displaced workers with 

retraining and other placement efforts. Amounts authorized 

to be appropriated by section 101(2)(B) shall be available for 

activities pursuant to this paragraph. 

SEC. 603. DISPOSITION OF ORBITER VEHICLES. 

(a) IN GENERAL.—Upon the termination of the Space Shuttle 

program as provided in section 602, the Administrator shall 

decommission any remaining Space Shuttle orbiter vehicles 

according to established safety and historic preservation procedures 

prior to their designation as surplus government property. The 

orbiter vehicles shall be made available and located for display 

and maintenance through a competitive procedure established 

pursuant to the disposition plan developed under section 613(a) 

of the National Aeronautics and Space Administration Authorization Act of 2008 (42 U.S.C. 17761(a)), with priority consideration 

given to eligible applicants meeting all conditions of that plan 

which would provide for the display and maintenance of orbiters 

at locations with the best potential value to the public, including 

where the location of the orbiters can advance educational 

opportunities in science, technology, engineering, and mathematics 

disciplines, and with an historical relationship with either the 

launch, flight operations, or processing of the Space Shuttle orbiters 

or the retrieval of NASA manned space vehicles, or significant 

contributions to human space flight. The Smithsonian Institution, 

which, as of the date of enactment of this Act, houses the Space 

Shuttle Enterprise, shall determine any new location for the Enterprise. 

(b) DISPLAY AND MAINTENANCE.—The orbiter vehicles made 

available under subsection (a) shall be displayed and maintained 

through agreements and procedures established pursuant to section 

613(a) of the National Aeronautics and Space Administration 

Authorization Act of 2008 (42 U.S.C. 17761(a)). 

(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to NASA such sums as may be necessary to 

carry out this section. The amounts authorized to be appropriated 

by this subsection shall be in addition to any amounts authorized 

to be appropriated by title I, and may be requested by the President 

as supplemental requirements, if needed, in the appropriate fiscal 

years. 

TITLE VII—EARTH SCIENCE 

SEC. 701. SENSE OF CONGRESS. 

It is the sense of Congress that— 

(1) Earth observations are critical to scientific understanding and monitoring of the Earth system, to protecting 

human health and property, to growing the economy of the 

United States, and to strengthening the national security and 

Contracts. 

Procedures. 

Determination. 

42 USC 18363. 


joloto on DSKHC5C1J1PROD with PUBLAW
124 STAT. 2830 PUBLIC LAW 111–267—OCT. 11, 2010 

international posture of the United States. Additionally, recognizing the number of relevant participants and activities 

involved with Earth observations within the United States 

Government and internationally, Congress supports the 

strengthening of collaboration across these areas; 

(2) NASA plays a critical role through its ability to provide 

data on solar output, sea level rise, atmospheric and ocean 

temperature, ozone depletion, air pollution, and observation 

of human and environment relationships; 

(3) programs should utilize open standards consistent with 

international data-sharing principles and obtain and convert 

data from other government agencies, including data from the 

United States Geological Survey, and data derived from satellites operated by NOAA as well as from international satellites are important to the study of climate science and such 

cooperative relationships and programs should be maintained; 

(4) Earth-observing satellites and sustained monitoring programs will continue to play a vital role in climate science, 

environmental understanding, mitigation of destructive 

environmental impacts, and contributing to the general national 

welfare; and 

(5) land remote sensing observation plays a critical role 

in Earth science, and the national space policy supports this 

role by requiring operational land remote sensing capabilities. 

SEC. 702. INTERAGENCY COLLABORATION IMPLEMENTATION 

APPROACH. 

The Director of OSTP shall establish a mechanism to ensure 

greater coordination of the research, operations, and activities 

relating to civilian Earth observation of those Agencies, including 

NASA, that have active programs that either contribute directly 

or indirectly to these areas. This mechanism should include the 

development of a strategic implementation plan that is updated 

at least every 3 years, and includes a process for external independent advisory input. This plan should include a description 

of the responsibilities of the various Agency roles in Earth observations, recommended cost-sharing and procurement arrangements 

between Agencies and other entities, including international 

arrangements, and a plan for ensuring the provision of sustained, 

long term space-based climate observations. The Director shall provide a report to Congress within 90 days after the date of enactment 

of this Act on the implementation plan for this mechanism. 

SEC. 703. TRANSITIONING EXPERIMENTAL RESEARCH TO OPERATIONS. 

The Administrator shall coordinate with the Administrator of 

NOAA and the Director of the United States Geological Survey 

to establish a formal mechanism that plans, coordinates, and supports the transitioning of NASA research findings, assets, and 

capabilities to NOAA operations and United States Geological 

Survey operations. In defining this mechanism, NASA should consider the establishment of a formal or informal Interagency Transition Office. The Administrator of NASA shall provide an 

implementation plan for this mechanism to Congress within 90 

days after the date of enactment of this Act. 

Implementation 

plan. 

Deadline. 

42 USC 18372. 

Reports. 

Deadline. 

Deadline. 

42 USC 18371. 


joloto on DSKHC5C1J1PROD with PUBLAW
PUBLIC LAW 111–267—OCT. 11, 2010 124 STAT. 2831 

SEC. 704. DECADAL SURVEY MISSIONS IMPLEMENTATION FOR EARTH 

OBSERVATION. 

The Administrator shall undertake to implement, as appropriate, missions identified in the National Research Council’s Earth 

Science Decadal Survey within the scope of the funds authorized 

for the Earth Science Mission Directorate. 

SEC. 705. EXPANSION OF EARTH SCIENCE APPLICATIONS. 

It is the sense of the Congress that the role of NASA in 

Earth Science applications shall be expanded with other departments and agencies of the Federal government, State and local 

governments, tribal governments, academia, the private sector, nonprofit organizations, and international partners. NASA’s Earth 

science data can increasingly aid efforts to improve the human 

condition and provide greater security. 

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

The Administrator shall pursue innovative ways to fly 

instrument-level payloads for early demonstration or as co-manifested payloads. The Congress encourages the use of the ISS as 

an accessible platform for the conduct of such activities. Additionally, in order to address the cost and schedule challenges associated 

with large flight systems, NASA should pursue smaller systems 

where practicable and warranted. 

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

It is the Sense of the Congress that— 

(1) polar orbiting satellites are vital for weather prediction, 

climate and environmental monitoring, national security, emergency response, and climate research; 

(2) the National Polar Orbiting Environmental Satellite 

System has suffered from years of steadily rising cost estimates 

and schedule delays and an independent review team recommended that the System be restructured to improve the 

probability of success and protect the continuity of weather 

and climate data; 

(3) the Congress supports the decision made by OSTP 

in February, 2010, to restructure the program to minimize 

schedule slips and cost overruns, clarify the responsibilities 

and accountability of NASA, NOAA, and the Department of 

Defense, and retain necessary coordination across civil and 

defense weather and climate programs; 

(4) the Administrator of NOAA and the Secretary of 

Defense should maximize the use of assets from the NPOESS 

program as they establish the NOAA Joint Polar Satellite 

System at NASA’s Goddard Space Flight Center, and the 

Department of Defense’s Defense Weather Satellite System; 

(5) the Administrator of NOAA and the Secretary of 

Defense should structure their programs in order to maintain 

satellite data continuity for the Nation’s weather and climate 

requirements; and 

(6) the Administrator of NOAA and the Secretary of 

Defense should provide immediate notification to the Congress 

of any impediments that may require Congressional intervention in order for the agencies to meet launch readiness dates, 

together with any recommended actions. 

42 USC 18373. 


joloto on DSKHC5C1J1PROD with PUBLAW
124 STAT. 2832 PUBLIC LAW 111–267—OCT. 11, 2010 

TITLE VIII—SPACE SCIENCE 

SEC. 801. TECHNOLOGY DEVELOPMENT. 

The Administrator shall ensure that the Science Mission Directorate maintains a long term technology development program for 

space and Earth science. This effort should be coordinated with 

an overall Agency technology investment approach, as authorized 

in section 905 of this Act. 

SEC. 802. SUBORBITAL RESEARCH ACTIVITIES. 

(a) IN GENERAL.—The report of the National Academy of 

Sciences, Revitalizing NASA’s Suborbital Program: Advancing 

Science, Driving Innovation and Developing Workforce, found that 

suborbital science missions were absolutely critical to building an 

aerospace workforce capable of meeting the needs of current and 

future human and robotic space exploration. 

(b) MANAGEMENT.—The Administrator shall designate an officer 

or employee of the Science Mission Directorate to act as the responsible official for all Suborbital Research in the Science Mission 

Directorate. The designee shall be responsible for the development 

of short- and long term strategic plans for maintaining, renewing 

and extending suborbital facilities and capabilities, monitoring 

progress towards goals in the plans, and be responsible for integration of suborbital activities and workforce development within the 

agency, thereby ensuring the long term recognition of their combined value to the directorate, to NASA, and to the Nation. 

(c) ESTABLISHMENT OF SUBORBITAL RESEARCH PROGRAM.—The 

Administrator shall establish a Suborbital Research Program within 

the Science Mission Directorate that shall include the use of 

sounding rockets, aircraft, high altitude balloons, suborbital 

reusable launch vehicles, and commercial launch vehicles to advance 

science and train the next generation of scientists and engineers 

in systems engineering and systems integration which are vital 

to maintaining critical skills in the aerospace workforce. The program shall integrate existing suborbital research programs with 

orbital missions at the discretion of the designated officer or 

employee and shall emphasize the participation of undergraduate 

and graduate students and post-doctoral researchers when formulating announcements of opportunity. 

(d) REPORT.—The Administrator shall report to the appropriate 

committees of Congress on the number and type of suborbital missions conducted in each fiscal year and the number of undergraduate and graduate students participating in the missions. The 

report shall be made annually for each fiscal year under this section. 

(e) AUTHORIZATION.—There are authorized to be appropriated 

to the Administrator such sums as may be necessary to carry 

out this section. 

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

Congress reaffirms its sense that a balanced and adequately 

funded set of activities, consisting of research and analysis grants 

programs, technology development, small, medium, and large space 

missions, and suborbital research activities, contributes to a robust 

and productive science program and serves as a catalyst for innovation. 

Designation. 

42 USC 18382. 

42 USC 18381. 


joloto on DSKHC5C1J1PROD with PUBLAW
PUBLIC LAW 111–267—OCT. 11, 2010 124 STAT. 2833 

SEC. 804. IN-SPACE SERVICING. 

The Administrator shall continue to take all necessary steps 

to ensure that provisions are made for in-space or human servicing 

and repair of all future observatory-class scientific spacecraft 

intended to be deployed in Earth-orbit or at a Lagrangian point 

to the extent practicable and appropriate. The Administrator should 

ensure that agency investments and future capabilities for space 

technology, robotics, and human space flight take the ability to 

service and repair these spacecraft into account, where appropriate, 

and incorporate such capabilities into design and operational plans. 

SEC. 805. DECADAL RESULTS. 

NASA shall take into account the current decadal surveys 

from the National Academies’ Space Studies Board when submitting 

the President’s budget request to the Congress. 

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

(a) FINDINGS.—The Congress finds the following: 

(1) The United States has led the world in the scientific 

exploration of space for nearly 50 years. 

(2) Missions such as Viking, Voyager, Cassini, and New 

Horizons have greatly expanded knowledge of our solar system 

and planetary characteristics and evolution. 

(3) Radioisotope power systems are the only available power 

sources for deep space missions making it possible to travel 

to such distant destinations as Mars, Jupiter, Saturn, Pluto, 

and beyond and maintain operational control and systems 

viability for extended mission durations. 

(4) Current radioisotope power systems supplies and 

production will not fully support NASA missions planned even 

in the next decade and, without a new domestic production 

capability, the United States will no longer have the means 

to explore the majority of the solar system by the end of 

this decade. 

(5) Continuing to rely on Russia or other foreign sources 

for radioisotope power system fuel production is not a secure 

option. 

(6) Reestablishing domestic production will require a long 

lead-time. Thus, meeting future space exploration mission 

needs requires that a restart project begin at the earliest opportunity. 

(b) IN GENERAL.—The Administrator shall, in coordination with 

the Secretary of Energy, pursue a joint approach beginning in 

fiscal year 2011 towards restarting and sustaining the domestic 

production of radioisotope thermoelectric generator material for 

deep space and other science and exploration missions. Funds 

authorized by this Act for NASA shall be made available under 

a reimbursable agreement with the Department of Energy for the 

purpose of reestablishing facilities to produce fuel required for 

radioisotope thermoelectric generators to enable future missions. 

(c) REPORT.—Within 120 days after the date of enactment of 

this Act, the Administrator and the Secretary of Energy shall 

submit a joint report to the appropriate committees of Congress 

on coordinated agreements, planned implementation, and anticipated schedule, production quantities, and mission applications 

under this section. 

Contracts. 

42 USC 18385. 

42 USC 18384. 

42 USC 18383. 


joloto on DSKHC5C1J1PROD with PUBLAW
124 STAT. 2834 PUBLIC LAW 111–267—OCT. 11, 2010 

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

The Administrator shall ensure that the Exploration Systems 

Mission Directorate and the Space Operations Mission Directorate 

coordinate with the Science Mission Directorate on an overall 

approach and plan for interagency and international collaboration 

on robotic missions that are NASA or internationally developed, 

including lunar, Lagrangian, near-Earth orbit, and Mars spacecraft, 

such as the International Lunar Network. Within 90 days after 

the date of enactment of this Act, the Administrator shall provide 

a plan to the appropriate committees of Congress for implementation of the collaborative approach required by this section. The 

Administrator may not cancel or initiate any Exploration Systems 

Mission Directorate or Science Mission Directorate robotic project 

before the plan is submitted to the appropriate committees of Congress. 

SEC. 808. NEAR-EARTH OBJECT SURVEY AND POLICY WITH RESPECT 

TO THREATS POSED. 

(a) POLICY REAFFIRMATION.—Congress reaffirms the policy set 

forth in section 102(g) of the National Aeronautics and Space Act 

of 1958 (42 U.S.C. 2451(g)) relating to surveying near-Earth 

asteroids and comets. 

(b) IMPLEMENTATION.—The Director of the OSTP shall implement, before September 30, 2012, a policy for notifying Federal 

agencies and relevant emergency response institutions of an 

impending near-Earth object threat if near-term public safety is 

at risk, and assign a Federal agency or agencies to be responsible 

for protecting the United States and working with the international 

community on such threats. 

SEC. 809. SPACE WEATHER. 

(a) FINDINGS.—The Congress finds the following: 

(1) Space weather events pose a significant threat to 

modern technological systems. 

(2) The effects of severe space weather events on the electric 

power grid, telecommunications and entertainment satellites, 

airline communications during polar routes, and space-based 

position, navigation and timing systems could have significant 

societal, economic, national security, and health impacts. 

(3) Earth and Space Observing satellites, such as the 

Advanced Composition Explorer, Geostationary Operational 

Environmental Satellites, Polar Operational Environmental 

Satellites, and Defense Meteorological Satellites, provide crucial 

data necessary to predict space weather events. 

(b) ACTION REQUIRED.—The Director of OSTP shall— 

(1) improve the Nation’s ability to prepare, avoid, mitigate, 

respond to, and recover from potentially devastating impacts 

of space weather events; 

(2) coordinate the operational activities of the National 

Space Weather Program Council members, including the NOAA 

Space Weather Prediction Center and the U.S. Air Force 

Weather Agency; and 

(3) submit a report to the appropriate committees of Congress within 180 days after the date of enactment of this 

Act that— 

42 USC 18388. 

Deadline. 

42 USC 18387. 

Deadline. 

Plans. 

42 USC 18386. 


joloto on DSKHC5C1J1PROD with PUBLAW
PUBLIC LAW 111–267—OCT. 11, 2010 124 STAT. 2835 

(A) details the current data sources, both space- and 

ground-based, that are necessary for space weather forecasting; and 

(B) details the space- and ground-based systems that 

will be required to gather data necessary for space weather 

forecasting for the next 10 years. 

TITLE IX—AERONAUTICS AND SPACE 

TECHNOLOGY 

SEC. 901. SENSE OF CONGRESS. 

It is the sense of Congress that— 

(1) aeronautics research remains vital to NASA’s mission 

and deserves continued support; 

(2) NASA aeronautics research should be guided by, and 

consistent with, the National Aeronautics Research and 

Development Policy that guides the Nation’s aeronautics 

research and development activities; 

(3) the OSTP-led National Science and Technology Council 

Aeronautics Science and Technology subcommittee remains 

essential to developing and coordinating national aeronautics 

research and development plans and their prioritization for 

funding, and that it is also important that the plans include 

a focus on research, development, test, and evaluation infrastructure plans, as well as research and development goals 

and objectives; and 

(4) technology research conducted by NASA as part of 

the larger national aeronautics effort would help to secure, 

sustain, and advance the leadership role of the United States 

in global aviation. 

SEC. 902. AERONAUTICS RESEARCH GOALS. 

The Administrator should ensure that NASA maintains a 

strong aeronautics research portfolio ranging from fundamental 

research through systems research with specific research goals, 

including the following: 

(1) AIRSPACE CAPACITY.—NASA’s Aeronautics Research 

Mission Directorate shall address research needs of the Next 

Generation Air Transportation System, including the ability 

of the National Airspace System to handle up to 3 times the 

current travel demand by 2025. 

(2) ENVIRONMENTAL SUSTAINABILITY.—The Directorate 

shall consider and pursue concepts to reduce noise, emissions, 

and fuel consumption while maintaining high safety standards 

and shall pursue research related to alternative fuels. 

(3) AVIATION SAFETY.—The Directorate shall proactively 

address safety challenges with new and current air vehicles 

and with operations in the Nation’s current and future air 

transportation system. 

SEC. 903. RESEARCH COLLABORATION. 

(a) DEPARTMENT OF DEFENSE.—The Administrator shall continue to coordinate with the Secretary of Defense, through the 

National Partnership for Aeronautics Testing, to develop and implement joint plans for those elements of the Nation’s research, 

Plans. 

42 USC 18402. 

42 USC 18401. 


joloto on DSKHC5C1J1PROD with PUBLAW
124 STAT. 2836 PUBLIC LAW 111–267—OCT. 11, 2010 

development, testing, and engineering infrastructure that are of 

common interest and use. 

(b) FEDERAL AVIATION ADMINISTRATION.—The Administrator 

shall continue to coordinate with, and work closely with, the 

Administrator of the Federal Aviation Administration, under the 

framework of the Senior Policy Council, in development of the 

Next Generation Air Transportation Program. The Administrator 

shall encourage the Council to explore areas for greater collaboration, including areas where NASA can help to accelerate the 

development and demonstration of NextGen technologies. 

SEC. 904. GOAL FOR AGENCY SPACE TECHNOLOGY. 

It is critical that NASA maintain an Agency space technology 

base that helps align mission directorate investments and supports 

long term needs to complement mission-directorate funded research 

and support, where appropriate, multiple users, building upon its 

Innovative Partnerships Program and other partnering approaches. 

SEC. 905. IMPLEMENTATION PLAN FOR AGENCY SPACE TECHNOLOGY. 

Within 120 days after the date of enactment of this Act, NASA 

shall submit a plan to the appropriate committees of Congress 

that outlines how NASA’s space technology program will meet the 

goal described in section 904, including an explanation of how 

the plan will link to other mission-directorate technology efforts 

outlined in sections 608, 801, and 802 of this Act. 

SEC. 906. NATIONAL SPACE TECHNOLOGY POLICY. 

(a) IN GENERAL.—The President or the President’s designee, 

in consultation with appropriate Federal agencies, shall develop 

a national policy to guide the space technology development programs of the United States through 2020. The policy shall include 

national goals for technology development and shall describe the 

role and responsibilities of each Federal agency that will carry 

out the policy. In developing the policy, the President or the President’s designee shall utilize external studies that have been conducted on the state of United States technology development and 

have suggested policies to ensure continued competitiveness. 

(b) CONTENT.— 

(1) At a minimum, the national space technology development policy shall describe for NASA— 

(A) the priority areas of research for technology investment; 

(B) the basis on which and the process by which priorities for ensuing fiscal years will be selected; 

(C) the facilities and personnel needed to carry out 

the technology development program; and 

(D) the budget assumptions on which the policy is 

based, which for fiscal years 2011, 2012, and 2013 shall 

be the authorized level for NASA’s technology program 

authorized by this Act. 

(2) The policy shall be based on the premise that the 

Federal Government has an established interest in conducting 

research and development programs that help preserve the 

role of the United States as a global leader in space technologies 

and their application. 

(3) CONSIDERATIONS.—In developing the national space 

technology development policy, the President or the President’s 

President. 

President. 

42 USC 18404. 

Deadline. 

42 USC 18403. 


joloto on DSKHC5C1J1PROD with PUBLAW
PUBLIC LAW 111–267—OCT. 11, 2010 124 STAT. 2837 

designee shall consider, and include a discussion in the report 

required by subsection (c), of the following issues: 

(A) The extent to which NASA should focus on long 

term, high-risk research or more incremental technology 

development, and the expected impact of that decision on 

the United States economy. 

(B) The extent to which NASA should address military 

and commercial needs. 

(C) How NASA will coordinate its technology program 

with other Federal agencies. 

(D) The extent to which NASA will conduct research 

in-house, fund university research, and collaborate on 

industry research and the expected impact of that mix 

of funding on the supply of United States workers for 

industry. 

(4) CONSULTATION.—In the development of the national 

space technology development policy, the President or the President’s designee shall consult widely with academic and industry 

experts and with other Federal agencies. The Administrator 

may enter into an arrangement with the National Academy 

of Sciences to help develop the policy. 

(c) REPORT.— 

(1) POLICY.—Not later than 1 year after the date of enactment of this Act, the President shall transmit a report setting 

forth national space technology policy to the appropriate 

committees of Congress and to the Senate Committee on Appropriations and the House of Representatives Committee on 

Appropriations. 

(2) IMPLEMENTATION.—Not later than 60 days after the 

President transmits the report required by paragraph (1) to 

the Congress, the Administrator shall transmit a report to 

the same committees describing how NASA will carry out the 

policy. 

SEC. 907. COMMERCIAL REUSABLE SUBORBITAL RESEARCH PROGRAM. 

(a) IN GENERAL.—The report of the National Academy of 

Sciences, Revitalizing NASA’s Suborbital Program: Advancing 

Science, Driving Innovation and Developing Workforce, found that 

suborbital science missions were absolutely critical to building an 

aerospace workforce capable of meeting the needs of current and 

future human and robotic space exploration. 

(b) MANAGEMENT.—The Administrator shall designate an officer 

or employee of the Space Technology Program to act as the responsible official for the Commercial Reusable Suborbital Research Program in the Space Technology Program. The designee shall be 

responsible for the development of short- and long term strategic 

plans for maintaining, renewing and extending suborbital facilities 

and capabilities. 

(c) ESTABLISHMENT.—The Administrator shall establish a 

Commercial Reusable Suborbital Research Program within the 

Space Technology Program that shall fund the development of payloads for scientific research, technology development, and education, 

and shall provide flight opportunities for those payloads to microgravity environments and suborbital altitudes. The Commercial 

Reusable Suborbital Research Program may fund engineering and 

integration demonstrations, proofs of concept, or educational experiments for commercial reusable vehicle flights. The program shall 

Designation. 

42 USC 18405. 

President. 


joloto on DSKHC5C1J1PROD with PUBLAW
124 STAT. 2838 PUBLIC LAW 111–267—OCT. 11, 2010 

endeavor to work with NASA’s Mission Directorates to help achieve 

NASA’s research, technology, and education goals. 

(d) REPORT.—The Administrator shall submit a report annually 

to the appropriate committees of Congress describing progress in 

carrying out the Commercial Reusable Suborbital Research program, including the number and type of suborbital missions planned 

in each fiscal year. 

(e) AUTHORIZATION.—There are authorized to be appropriated to the Administrator $15,000,000 for each of fiscal years 2011 

through 2013 to carry out this section. 

TITLE X—EDUCATION 

SEC. 1001. REPORT ON EDUCATION IMPLEMENTATION OUTCOMES. 

Not later than 120 days after the date of the enactment of 

this Act, the Administrator shall submit to the appropriate committees of Congress a report on the metrics, internal and external 

relationships, and resources committed by NASA to each of the 

following: 

(1) The development of a national STEM workforce. 

(2) The retention of students in STEM disciplines as 

reflected by their education progression over time. 

(3) The development of strategic partnerships and linkages 

between STEM formal and informal education providers. 

SEC. 1002. SENSE OF CONGRESS ON THE EXPERIMENTAL PROGRAM 

TO STIMULATE COMPETITIVE RESEARCH. 

It is the sense of Congress that— 

(1) the Experimental Program to Stimulate Competitive 

Research of NASA strengthens the research capabilities of jurisdictions that historically have not participated equally in 

competitive aerospace and aerospace-related research activities; 

(2) the Experimental Program to Stimulate Competitive 

Research of NASA has provided the American taxpayer with 

an excellent return on investment; 

(3) the Experimental Program to Stimulate Competitive 

Research of NASA has been successful in helping to achieve 

broader geographical distribution of research and development 

support by improving the research infrastructure in States 

that historically have received limited Federal research and 

development funds; and 

(4) in order to continue improvement and to increase efficiency the award of grants under the Experimental Program 

to Stimulate Competitive Research of NASA should be coordinated with the award of grants under the Experimental Program to Stimulate Competitive Research of the National 

Science Foundation, the Department of Energy, the Department 

of Agriculture, the Department of Defense, the Environmental 

Protection Agency, and the National Institutes of Health. 

SEC. 1003. SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS 

COMMERCIAL ORBITAL PLATFORM PROGRAM. 

A fundamental and unique capability of NASA is in stimulating 

science, technology, engineering, and mathematics education in the 

United States. In ensuring maximum use of that capability, NASA 

shall— 

42 USC 18421. 


joloto on DSKHC5C1J1PROD with PUBLAW
PUBLIC LAW 111–267—OCT. 11, 2010 124 STAT. 2839 

(1) establish a program to annually sponsor scientific and 

educational payloads developed with United States student and 

educator involvement to be flown on commercially available 

orbital platforms, when available and operational, with the 

goal of launching at least 50 such payloads (with at least 

one from each of the 50 States) to orbit on at least one mission 

per year; 

(2) contract with providers of commercial orbital platform 

services for their use by the STEM-Commercial Orbital Platform program, preceded by the issuance of a request for proposal, not later than 90 days after the date of enactment 

of this Act, to enter into at least one funded, competitivelyawarded contract for commercial orbital platform services and 

make awards within 180 days after such date; and 

(3) engage with United States students and educators and 

make available NASA’s science, engineering, payload development, and payload operations expertise to student teams 

selected to participate in the STEM-Commercial Orbital Platform program. 

TITLE XI—RE-SCOPING AND REVITALIZING INSTITUTIONAL CAPABILITIES 

SEC. 1101. SENSE OF CONGRESS. 

It is the sense of Congress that NASA needs to re-scope, and 

as appropriate, down-size, to fit current and future missions and 

expected funding levels. Eighty percent of NASA’s facilities are 

over 40 years old. Additionally, in a number of areas NASA finds 

itself ‘‘holding onto’’ facilities and capabilities scaled to another 

era. 

SEC. 1102. INSTITUTIONAL REQUIREMENTS STUDY. 

Within 1 year after the date of enactment of this Act, the 

Administrator shall provide to the appropriate committees of Congress a comprehensive study that, taking into account the long 

term direction provided by this Act, carefully examines NASA’s 

structure, organization, and institutional assets and identifies a 

strategy to evolve toward the most efficient retention, sizing, and 

distribution of facilities, laboratories, test capabilities, and other 

infrastructure consistent with NASA’s missions and mandates. The 

Administrator should pay particular attention to identifying and 

removing unneeded or duplicative infrastructure. The Administrator 

should include in the study a suggested reconfiguration and 

reinvestment strategy that would conform the needed equipment, 

facilities, test equipment, and related organizational alignment that 

would best meet the requirements of missions and priorities authorized and directed by this Act. As part of this strategy, the Administrator should include consideration and application of the findings 

and recommendations of the National Research Council report, 

Capabilities for the Future: An Assessment of NASA Laboratories 

for Basic Research, prepared in response to section 1003 of the 

National Aeronautics and Space Administration Authorization Act 

of 2008 (42 U.S.C. 17812). 

Deadline. 

Contracts. 

Deadline. 

Establishment. 

Deadline. 


joloto on DSKHC5C1J1PROD with PUBLAW
124 STAT. 2840 PUBLIC LAW 111–267—OCT. 11, 2010 

SEC. 1103. NASA CAPABILITIES STUDY REQUIREMENT. 

Upon completion of the study required by Section 1102, the 

Administrator shall establish an independent panel to examine 

alternative management models for NASA’s workforce, centers, and 

related facilities in order to improve efficiency and productivity, 

while nonetheless maintaining core Federal competencies and 

keeping appropriately governmental functions internal to NASA. 

The study shall include a recommended implementation strategy, 

which shall identify any additional legislative authorities necessary 

to enable implementation of the recommended strategy, including 

recommended actions to provide aid and assistance to eligible 

communities to mitigate adverse impacts resulting from 

implementation of the proposed strategy. The Administrator shall 

provide the results of this study to the appropriate committees 

of Congress within 1 year after the date on which the study is 

begun. 

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

The Congress recognizes and supports current executive branch 

efforts to assist and provide aid to communities that are adversely 

impacted by NASA program changes, contract or program cancellations, or proposed institutional changes, so as to minimize the 

social and economic impacts to those communities, workers, and 

businesses. Communities eligible for such aid would be those in 

close proximity to NASA mission-related centers and their component facilities located in Alabama, California, Florida, Louisiana, 

Maryland, Mississippi, New Mexico, Ohio, Texas, and Virginia 

which may be impacted by program changes authorized or directed 

by this Act or by the implementation strategy developed pursuant 

to section 1103. 

SEC. 1105. WORKFORCE STABILIZATION AND CRITICAL SKILLS 

PRESERVATION. 

Prior to receipt by the Congress of the study, recommendations, 

and implementation strategy developed pursuant to section 1103, 

none of the funds authorized for use under this Act may be used 

to transfer the functions, missions, or activities, and associated 

civil service and contractor positions, from any NASA facility without authorization by the Congress to implement the proposed 

strategy. The Administrator shall preserve the critical skills and 

competencies in place at NASA centers prior to enactment of this 

Act in order to facilitate timely implementation of the requirements 

of this Act and to minimize disruption to the workforce. The 

Administrator may not implement any reduction-in-force or other 

involuntary separations of permanent, non-Senior-ExecutiveService, civil servant employees before September 30, 2013, except 

for cause on charges of misconduct, delinquency, or inefficiency. 

TITLE XII—OTHER MATTERS 

SEC. 1201. REPORT ON SPACE TRAFFIC MANAGEMENT. 

The Administrator shall submit to the appropriate committees 

of Congress a report on a status on the initiation of discussions 

42 USC 18431. 

Deadline. 

Panel. 


joloto on DSKHC5C1J1PROD with PUBLAW
PUBLIC LAW 111–267—OCT. 11, 2010 124 STAT. 2841 

with other nations on a framework to address space traffic management concerns, as required by section 1102 of the National Aeronautics and Space Administration Act Authorization Act of 2008 

(42 U.S.C. 17821). 

SEC. 1202. NATIONAL AND INTERNATIONAL ORBITAL DEBRIS MITIGATION. 

(a) FINDINGS.—Congress makes the following findings: 

(1) A national and international effort is needed to develop 

a coordinated approach towards the prevention, negation, and 

removal of orbital debris. 

(2) The guidelines issued by the Inter-Agency Space Debris 

Coordination Committee provide a consensus understanding 

of 10 national space agencies (including NASA) plus the European Space Agency on the necessity of mitigating the creation 

of space debris and measures for doing so. NASA’s participation 

on the Committee should be robust, and NASA should urge 

other space-relevant Federal agencies (including the Departments of State, Defense, and Commerce) to work to ensure 

that their counterpart agencies in foreign governments are 

aware of these national commitments and the importance in 

which the United States holds them. 

(3) Key components of such an approach should include— 

(A) a process for debris prevention through agreements 

regarding spacecraft design, operations, and end-of-life disposition plans to minimize orbiting vehicles or elements 

which are nonfunctional; 

(B) the development of a robust Space Situational 

Awareness network that can identify potential collisions 

and provide sufficient trajectory and orbital data to enable 

avoidance maneuvers; 

(C) the interagency development of an overall strategy 

for review by the President, with recommendations for 

proposed international collaborative efforts to address this 

challenge. 

(b) INTERNATIONAL DISCUSSION.— 

(1) IN GENERAL.—The Administrator shall, in consultation 

with such other departments and agencies of the Federal 

Government as the Administrator considers appropriate, continue and strengthen discussions with the representatives of 

other space-faring countries, within the Inter-Agency Space 

Debris Coordination Committee and elsewhere, to deal with 

this orbital debris mitigation. 

(2) INTERAGENCY EFFORT.—For purposes of carrying out 

this subsection, the Director of OSTP, in coordination with 

the Director of the National Security Council and using the 

President’s Council of Advisors on Science and Technology 

coordinating mechanism, shall develop an overall strategy for 

review by the President, with recommendations for proposed 

international collaborative efforts to address this challenge. 

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

(a) FINDINGS.—Congress makes the following findings: 

(1) The adherence of NASA to program cost and schedule 

targets and discipline across NASA programs remains a concern. 

42 USC 18442. 

42 USC 18441. 


joloto on DSKHC5C1J1PROD with PUBLAW
124 STAT. 2842 PUBLIC LAW 111–267—OCT. 11, 2010 

(2) The James Webb Space Telescope has exceeded its 

cost estimate. 

(3) In 2007 the Government Accountability Office issued 

a report on NASA’s high risk acquisition performance. 

(4) In response, NASA prepared a corrective action plan 

two years ago. 

(b) REPORTS.— (1) REPORTS REQUIRED.—Not later than 90 days after the 

date of the enactment of this Act, and not later than April 

30 of each year thereafter, the Administrator shall submit 

to the appropriate committees of Congress a report on the 

implementation during the preceding year for the corrective 

action plan referred to in subsection (a)(4). 

(2) ELEMENTS.—Each report under this subsection shall 

set forth, for the year covered by such report, the following: 

(A) A description of each NASA program that has 

exceeded its cost baseline by 15 percent or more or is 

more than 2 years behind its projected development 

schedule. 

(B) For each program specified under subparagraph 

(A), a plan for such decrease in scope or requirements, 

or other measures, to be undertaken to control cost and 

schedule, including any cost monitoring or corrective 

actions undertaken pursuant to the National Aeronautics 

and Space Administration Authorization Act of 2005 (Public 

Law 109–155), and the amendments made by that Act. 

SEC. 1204. ELIGIBILITY FOR SERVICE OF INDIVIDUAL CURRENTLY 

SERVING AS ADMINISTRATOR OF NASA. 

The individual serving in the position of Administrator of the 

National Aeronautics and Space Administration as of the date of 

the enactment of this Act comes from civilian life and is therefore 

eligible to serve in such position, in conformance with section 202 

of the National Aeronautics and Space Act of 1958 (42 U.S.C. 

2472(a)). 

SEC. 1205. SENSE OF CONGRESS ON INDEPENDENT VERIFICATION AND 

VALIDATION OF NASA SOFTWARE. 

It is the sense of Congress that— 

(1) safety is at the heart of every NASA mission; 

(2) the Office of Safety and Mission Assurance remains 

vital to assuring the safety of all NASA activities; 

(3) among the most important activities of the Office of 

Safety and Mission Assurance is the performance of independent safety and mission assurance assessments and process 

verification reviews; 

(4) as NASA embarks on a new path, independent 

verification and validation of software must be of the highest 

priority to ensure safety throughout all NASA programs; 

(5) NASA’s activities depend on software integrity to 

achieve their goals and deliver a successful mission to the 

American people; 

(6) independent verification and validation is necessary 

to ensure that safety-critical software will operate dependably 

and support mission success; 

(7) the creation of the Independent Verification and Validation Facility of NASA was the direct result of recommendations 

made by the National Research Council and the Report of 

42 USC 18443. 


joloto on DSKHC5C1J1PROD with PUBLAW
PUBLIC LAW 111–267—OCT. 11, 2010 124 STAT. 2843 

the Presidential Commission on the Space Shuttle Challenger 

Accident; 

(8) the mission-critical software of NASA must operate 

dependably and safely; 

(9) the Independent Verification and Validation Facility 

of NASA plays an important role in assuring the safety of 

all NASA activities by improving methodologies for risk identification and assessment, and providing recommendations for 

risk mitigation and acceptance; and 

(10) the Independent Verification and Validation Facility 

shall be the sole provider of independent verification and validation services for software created by or for NASA. 

SEC. 1206. COUNTERFEIT PARTS. 

(a) IN GENERAL.—The Administrator shall plan, develop, and 

implement a program, in coordination with other Federal agencies, 

to detect, track, catalog, and reduce the number of counterfeit 

electronic parts in the NASA supply chain. 

(b) REQUIREMENTS.—In carrying out the program, the Administrator shall establish— 

(1) counterfeit part identification training for all employees 

that procure, process, distribute, and install electronic parts 

that will— 

(A) teach employees how to identify counterfeit parts; 

(B) educate employees on procedures to follow if they 

suspect a part is counterfeit; 

(C) regularly update employees on new threats, identification techniques, and reporting requirements; and 

(D) integrate industry associations, manufacturers, 

suppliers, and other Federal agencies, as appropriate; 

(2) an internal database to track all suspected and confirmed counterfeit electronic parts that will maintain, at a 

minimum— 

(A) companies and individuals known and suspected 

of selling counterfeit parts; 

(B) parts known and suspected of being counterfeit, 

including lot and date codes, part numbers, and part 

images; 

(C) countries of origin; 

(D) sources of reporting; 

(E) United States Customs seizures; and 

(F) Government-Industry Data Exchange Program 

reports and other public or private sector database notifications; and 

(3) a mechanism to report all information on suspected 

and confirmed counterfeit electronic parts to law enforcement 

agencies, industry associations, and other databases, and to 

issue bulletins to industry on counterfeit electronic parts and 

related counterfeit activity. 

(c) REVIEW OF PROCUREMENT AND ACQUISITION POLICY.— 

(1) IN GENERAL.—In establishing the program, the Administrator shall amend existing acquisition and procurement policy 

to purchase electronic parts from trusted or approved manufacturers. To determine trusted or approved manufacturers, the 

Administrator shall establish a list, assessed and adjusted at 

least annually, and create criteria for manufacturers to meet 

in order to be placed onto the list. 

List. 

Deadline. 

Criteria. 

Database. 

Plans. 

42 USC 18444. 


joloto on DSKHC5C1J1PROD with PUBLAW
124 STAT. 2844 PUBLIC LAW 111–267—OCT. 11, 2010 

(2) CRITERIA.—The criteria may include— 

(A) authentication or encryption codes; 

(B) embedded security markings in parts; 

(C) unique, harder to copy labels and markings; 

(D) identifying distinct lot and serial codes on external 

packaging; 

(E) radio frequency identification embedded into highvalue parts; 

(F) physical destruction of all defective, damaged, and 

sub-standard parts that are by-products of the manufacturing process; 

(G) testing certifications; 

(H) maintenance of procedures for handling any 

counterfeit parts that slip through; 

(I) maintenance of secure facilities to prevent 

unauthorized access to proprietary information; and 

(J) maintenance of product return, buy back, and 

inventory control practices that limit counterfeiting. 

(d) REPORT TO CONGRESS.—Within one year after the date 

of enactment of this Act, the Administrator shall report on the 

progress of implementing this section to the appropriate committees 

of Congress. 

SEC. 1207. INFORMATION SECURITY. 

(a) MONITORING RISK.— 

(1) UPDATE ON SYSTEM IMPLEMENTATION.—Not later than 

120 days after the date of enactment of this Act, and on 

a biennial basis thereafter, the chief information officer of 

NASA, in coordination with other national security agencies, 

shall provide to the appropriate committees of Congress— 

(A) an update on efforts to implement a system to 

provide dynamic, comprehensive, real-time information 

regarding risk of unauthorized remote, proximity, and 

insider use or access, for all information infrastructure 

under the responsibility of the chief information officer, 

and mission-related networks, including contractor networks; 

(B) an assessment of whether the system has demonstrably and quantifiably reduced network risk compared 

to alternative methods of measuring security; and 

(C) an assessment of the progress that each center 

and facility has made toward implementing the system. 

(2) EXISTING ASSESSMENTS.—The assessments required of 

the Inspector General under section 3545 of title 44, United 

States Code, shall evaluate the effectiveness of the system 

described in this subsection. 

(b) INFORMATION SECURITY AWARENESS AND EDUCATION.— 

(1) IN GENERAL.—In consultation with the Department of 

Education, other national security agencies, and other agency 

directorates, the chief information officer shall institute an 

information security awareness and education program for all 

operators and users of NASA information infrastructure, with 

the goal of reducing unauthorized remote, proximity, and 

insider use or access. 

(2) PROGRAM REQUIREMENTS.— 

Deadlines. 

Assessments. 

42 USC 18445. 


joloto on DSKHC5C1J1PROD with PUBLAW
PUBLIC LAW 111–267—OCT. 11, 2010 124 STAT. 2845 

(A) The program shall include, at a minimum, ongoing 

classified and unclassified threat-based briefings, and automated exercises and examinations that simulate common 

attack techniques. 

(B) All agency employees and contractors engaged in 

the operation or use of agency information infrastructure 

shall participate in the program. 

(C) Access to NASA information infrastructure shall 

only be granted to operators and users who regularly satisfy 

the requirements of the program. 

(D) The chief human capital officer of NASA, in consultation with the chief information officer, shall create 

a system to reward operators and users of agency information infrastructure for continuous high achievement in the 

program. 

(c) INFORMATION INFRASTRUCTURE DEFINED.—In this section, 

the term ‘‘information infrastructure’’ means the underlying framework that information systems and assets rely on to process, 

transmit, receive, or store information electronically, including 

programmable electronic devices and communications networks and 

any associated hardware, software, or data. 

SEC. 1208. NATIONAL CENTER FOR HUMAN PERFORMANCE. 

(a) IN GENERAL.—The National Center for Human Performance 

is located in Houston’s Texas Medical Center which is home to 

49 non-profit and academic patient care, biomedical research, and 

health educational institutions serving 6 million patients each year, 

and works collaboratively with individuals and organizations, 

including NASA, to advance science and research on human 

performance in space, health, the military, athletics, and the arts. 

(b) DESIGNATION AS INSTITUTION OF EXCELLENCE.—The 

National Center for Human Performance is designated as an 

Institution of Excellence for Human Performance dedicated to 

understanding and improving all aspects of human performance. 

SEC. 1209. ENHANCED-USE LEASING. 

(a) SENSE OF THE CONGRESS.—It is the sense of the Congress 

that the NASA enhanced-use leasing program is a fiscally responsible program to further maintain the exploration-related infrastructure of our Nation’s space centers while ensuring continued private 

utilization of these Federal assets, and every effort should be made 

to ensure effective utilization of this program. 

SEC. 1210. SENSE OF CONGRESS CONCERNING THE STENNIS SPACE 

CENTER. 

It is the sense of the Congress that the Stennis Space Center 

represents the national capability for development and certification 

of liquid propulsion technologies vital to our Nation’s space flight 

program, and that the Federal government should fully utilize 

that resource and continue to make the testing facility available 

for further development of commercial aerospace capabilities. 


joloto on DSKHC5C1J1PROD with PUBLAW
124 STAT. 2846 PUBLIC LAW 111–267—OCT. 11, 2010 

LEGISLATIVE HISTORY—S. 3729: 

HOUSE REPORTS: No. 111–576 (Comm. on Science and Technology). 

SENATE REPORTS: No. 111–278 (Comm. on Commerce, Science, and Transportation). 

CONGRESSIONAL RECORD, Vol. 156 (2010): 

Aug. 5, considered and passed Senate. 

Sept. 29, considered and passed House. 

Æ 

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

SEC. 1301. COMPLIANCE PROVISION. 

The budgetary effects of this Act, for the purpose of complying 

with the Statutory Pay-As-You-Go-Act of 2010, shall be determined 

by reference to the latest statement titled ‘‘Budgetary Effects of 

PAYGO Legislation’’ for this Act, submitted for printing in the 

Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior 

to the vote on passage. 

Approved October 11, 2010. 


joloto on DSKHC5C1J1PROD with PUBLAW