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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3068 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3068

To reauthorize the National Aeronautics and Space Administration Human 
            Space Flight Activities, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 3, 2010

 Mr. Kyl (for Mrs. Hutchison) introduced the following bill; which was 
  read twice and referred to the Committee on Commerce, Science, and 
                             Transportation

_______________________________________________________________________

                                 A BILL

 
To reauthorize the National Aeronautics and Space Administration Human 
            Space Flight Activities, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Human Space Flight 
Capability Assurance and Enhancement 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. Statement of human space flight policy.
Sec. 4. Space Shuttle operations.
Sec. 5. International Space Station operations.
Sec. 6. International Space Station utilization.
Sec. 7. Transportation systems development.
Sec. 8. Definitions.
Sec. 9. Authorization of appropriations.
Sec. 10. Application with other laws.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) The United States Human Space Flight program has, since 
        the first Mercury flight on May 5, 1961, has been a source of 
        pride and inspiration for the Nation.
            (2) 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.
            (3) It is essential to the economic well-being of the 
        Nation 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.
            (4) The completion of the International Space Station, the 
        ability to sustain a crew of at least 6 members, and the 
        ability to conduct unique microgravity research that can only 
        be accomplished in the space environment, provides an 
        opportunity for scientific and technological advancement that 
        must be immediately and fully exploited.
            (5) The designation of the U.S. Segment of the 
        International Space Station as a National Laboratory, as 
        provided in section 507 of the National Aeronautics and Space 
        Administration Authorization Act of 2005 (42 U.S.C. 16767) and 
        as further provided in subtitle A of title VI of the National 
        Aeronautics and Space Administration Authorization Act of 2008 
        (42 U.S.C. 17751 through 17753), provides an opportunity for 
        multiple United States government agencies, University-based 
        researchers, commercial research organizations, and others to 
        utilize the unique environment of microgravity for fundamental 
        scientific research and potential commercial developments.
            (6) In order to assure the full and complete utilization of 
        the International Space Station, including the ability to 
        sustain the systems and physical infrastructure of the vehicle, 
        effective and timely transportation systems are required, which 
        must be able to deliver the full range of logistics, support, 
        and maintenance items which may be necessary through the year 
        2020.
            (7) For some potential replacement elements necessary for 
        Space Station sustainability, the Space Shuttle represents the 
        only vehicle, existing or planned, capable of carrying those 
        elements to the International Space Station in the near term.
            (8) In order to ensure effective utilization of Space 
        Station research facilities, the capability for returning 
        processed experiment samples and research-related equipment to 
        Earth is essential.
            (9) The maintenance of human exploration goals, such as a 
        return to the Moon, a voyage to Mars, or other celestial bodies 
        or locations is essential for providing the necessary long-term 
        focus and programmatic robustness of the United States civilian 
        space program.
            (10) 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, by 
        expansion or modification of core design features, capable of 
        delivering large payloads into low-earth orbit or to 
        destinations beyond low-Earth orbit.
            (11) While commercial transportation systems may 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 low-Earth orbit and beyond.

SEC. 3. STATEMENT OF HUMAN SPACE FLIGHT POLICY.

    (a) Use of Non-U.S. Human Space Flight Transportation Capacity.--It 
is the policy of the United States that reliance upon and use of non-
United States human space flight capability shall only be undertaken as 
a temporary 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) U.S. Human Space Flight Capacity.--The Congress reaffirms the 
policy stated in section 501(a) of the National 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 the ability to ensure 
continued United States participation and leadership in the exploration 
and utilization of space.

SEC. 4. SPACE SHUTTLE OPERATIONS.

    (a) Retention of Space Shuttle Operations Capability.--
            (1) In general.--The Administrator shall take all necessary 
        steps to ensure that all Space Shuttle Program activities and 
        operations are able to continue, or to be resumed, including 
        flight operations and support, pending the completion of the 
        reviews, requirements, and reports of this section.
            (2) Current shutle manifest flight assurance.--The 
        Administrator shall take all steps necessary to ensure shuttle 
        launch capability through fiscal year 2011 to enable launch, at 
        a minimum, of all payloads manifested as of February 28, 2010. 
        In fulfillment of this requirement, the Administrator is 
        prohibited from terminating any contractor support which will 
        endanger or inhibit the launching of shuttle payloads 
        manifested as of February 28, 2010, should launches be required 
        after the first quarter of fiscal year 2011.
    (b) Certification of Space Shuttle Systems; Validation of Flight 
Readiness Determination Procedures.--No later than 30 days after the 
date of enactment of this Act the Administrator shall ask the National 
Academies of Science to appoint a Flight Certification Review 
Committee, consisting of 5 individuals with appropriate engineering 
expertise and experience in certification of space flight vehicle 
hardware, systems, and equipment testing and validation procedures, to 
review space shuttle certification activities undertaken or initiated 
after February 2003. The Committee shall provide an assessment 
regarding the adequacy of those validation procedures in assuring 
vehicle durability, flight-worthiness, and sustainability for continued 
operations through a period of up to 5 years beyond the space shuttle 
flight manifest planned as of February 2010. The Committee shall take 
into account current and historical trends in anomaly detection and 
resolution within major components of the space shuttle systems.
    (c) Completion of Certification Review and Reporting Requirement.--
The Committee appointed under subsection (b) shall complete its task 
within 90 days of its appointment and shall provide its findings and 
determinations concurrently to the Administrator and to the committees 
of jurisdiction no later than 120 days after the date of enactment of 
this Act.
    (d) Space Shuttle Capability Retention.--Notwithstanding any other 
provision of law, to the extent practicable NASA shall operate the 
Space Shuttle program at a flight rate of no more than 2 missions in 
any consecutive 12-month period beginning during the fiscal years for 
which appropriations are authorized under section 9 of this Act.
    (e) Existing Hardware Components.--The Administrator shall ensure 
that hardware components in existence as of March, 2010, remain 
available for use in connection with any additional flights required 
under subsection (g)(2) beyond those on the current flight manifest 
schedule.
    (f) Prohibition of Scheduled Termination.--The Administrator may 
not terminate the Space Shuttle Program as of a scheduled date certain.
    (g) Termination Conditions.--Termination of space shuttle missions 
operations shall be contingent upon--
            (1) completion of the space shuttle flights planned as of 
        February 28, 2010;
            (2) delivery of remaining manufactured orbital replacement 
        units, research instrumentation, and other maintenance 
        materials and equipment originally scheduled for delivery to 
        the International Space Station in the flight manifest schedule 
        prepared no later than November, 2005, and which are identified 
        in the review required by section 5(b)(2) and deemed essential 
        for maintenance and support of the International Space Station 
        through the end of fiscal year 2020, and which require the 
        payload capability of the space shuttle Orbiter for delivery to 
        the International Space Station; and
            (3) a determination by the President that termination of 
        space shuttle missions in support of International Space 
        Station operations--
                    (A) is consistent with paragraph (2) of this 
                subsection, and any other provision of this Act 
                regarding the provision of human space flight 
                capabilities; and
                    (B) will not cause a degradation of the equipment, 
                logistics, cargo up-mass and down-mass delivery 
                capability necessary to provide full utilization of 
                international space station science and research 
                capabilities for both United States National Laboratory 
                and International Partner scientific research and 
                experimentation which the United States is obligated by 
                international agreement to provide.
    (h) Additional Determination Requirements.--The President shall 
include in such a determination a detailed description of alternate 
means for the provision of necessary support for the conduct of full 
utilization of the International Space Station for research and 
development in science, engineering, and technological development, the 
scheduled availability of such alternative means of support, and such 
materials as may be necessary to justify the determination.
    (i) Notice to Congress.--The President shall provide any 
determination under this section to the committees of jurisdiction, 
which shall review such determination and consider whether to recommend 
legislative action to establish further conditions for termination of 
space shuttle operations.
    (j) Termination.--The Administrator may not take steps to terminate 
the Space Shuttle Program before the later of--
            (1) the date that is 60 legislative days after receipt of 
        the determination by the Congress; or
            (2) the date on which the Congress has taken final action 
        with respect to any bill reported by a committee of 
        jurisdiction pursuant to subsection (i).
    (k) Decommissioning of Orbiter Vehicles.--
            (1) In general.--Upon the termination of the Space Shuttle 
        program as provided in this section, the Administrator shall 
        assume responsibility for decommissioning the remaining orbiter 
        vehicles according to established safety and historic 
        preservation procedures prior to their designation as surplus 
        government property. The remaining orbiter vehicles shall be 
        made available and located for display and maintenance by 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 location, display, and maintenance of one 
        orbiter at or near the Johnson Space Center, in Houston, Texas, 
        and one orbiter at or near the Kennedy Space Center near 
        Titusville, Florida.
            (2) Display and maintenance.--The orbiter vehicles made 
        available under paragraph (1) 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)). 
        NASA shall be responsible for the costs of safely 
        decommissioning, transporting, and re-assembling the orbiter 
        vehicle for display.
            (3) Authorization of appropriations.--There are authorized 
        to be appropriated to NASA such sums as may be necessary to 
        carry out this subsection.
    (l) Preservation of Vehicle and Systems Design and Engineering 
Data.--The Administrator shall immediately take all necessary steps to 
ensure the collection and preservation of space shuttle structures, 
systems, and infrastructure design, manufacturing, testing, and 
maintenance data for historical archival purposes and for possible use 
as technical resource material and programmatic lessons learned and 
technical interchange applicability for future space vehicle design and 
operations.

SEC. 5. INTERNATIONAL SPACE STATION OPERATIONS.

    (a) Policy Statement.--It shall be the policy of the United States, 
in consultation with its International Partners in the International 
Space Station program, to support full and complete utilization of the 
Space Station through at least the year 2020.
    (b) Maintenance of U.S. Segment.--
            (1) In general.--The Administrator shall take all steps 
        necessary to ensure the safe and effective operations, 
        maintenance, and maximum utilization of the United States 
        Segment of the International Space Station through fiscal year 
        2020.
            (2) Vehicle and component review.--In carrying out 
        paragraph (1), the Administrator shall, immediately upon 
        enactment of this Act, conduct an in-depth assessment of all 
        essential modules, operational systems and components, 
        structural elements, and permanent scientific equipment on 
        board or planned for delivery and installation aboard the 
        International Space Station, including both United States and 
        international partner elements, to determine anticipated spare 
        or replacement requirements to ensure complete, effective, and 
        safe function and full scientific utilization of the ISS. The 
        Administrator shall enable the Comptroller General to monitor 
        and, as appropriate, participate in the review required by this 
        paragraph in such a way as to enable the Comptroller General to 
        provide an independent assessment of the review to the 
        committees of jurisdiction.
            (3) Reporting requirements.--No later than 90 days after 
        the date of enactment of this Act the Administrator shall 
        provide the completed assessment to the committees of 
        jurisdiction. The results of the required assessment shall 
        include, at minimum, the following:
                    (A) The identification of spare or replacement 
                elements and parts currently produced, in inventory, or 
                on order, and the state of readiness and schedule for 
                delivery to the ISS, including the planned 
                transportation means for such delivery. Each element 
                identified shall include a description of its location, 
                function, criticality for system integrity, and 
                specifications regarding size, weight, and necessary 
                configuration for launch and delivery.
                    (B) The identification of anticipated requirements 
                for spare or replacement elements not currently in 
                inventory or on order, a description of their location, 
                function, criticality for system integrity, the 
                anticipated cost and schedule for design, procurement, 
                manufacture and delivery, and specifications regarding 
                size, weight, and necessary configuration for launch 
                and delivery, including available launch vehicles 
                capable of transportation of such items to the 
                International Space Station.
    (c) Research Facilities and Capabilities.--Utilization of research 
facilities and capabilities aboard the International Space Station 
other than exploration-related research and technology development 
activities, and associated ground support and logistics, shall be 
planned, managed, and supported by the organizations described in 
section 6.

SEC. 6. INTERNATIONAL SPACE STATION MANAGEMENT AND UTILIZATION.

    (a) Establishment of Office of Responsibility for United States 
Space Station National Laboratory.--The Administrator shall establish 
responsibility for the International Space Station United States 
National Laboratory within the Space Operations Mission Directorate, 
ISS Program Office at NASA Headquarters, or any successor entity within 
NASA. The head of the Office shall be an official, designated by the 
Administrator, who shall serve as a Deputy Associate Administrator for 
International Space Station, or at an equivalent rank, and to whom 
responsibility shall be delegated for, at a minimum, the conduct of ISS 
operations, maintenance and utilization by both NASA and non-NASA 
organizations. The Officer shall serve as the formal liaison to the 
organization specified in subsection (b).
    (b) Establishment of National Laboratory Management Entity.--The 
Administrator shall execute an agreement with a cooperative 
organization described in section 501(c)(3) of the Internal Revenue 
Code of 1986 that is exempt from taxation under section 501(a) of such 
Code to manage the activities of the ISS United States National 
Laboratory. The organization shall be designed specifically for the 
unique purpose of developing and implementing research and development 
projects utilizing the International Space Station U.S. Segment, and to 
be engaged exclusively in this enterprise without other organizational 
objectives or responsibilities on behalf of the organization or any 
parent entity. The head of the office established by subsection (a) is 
responsible for liaison and management of the agreement. The 
Administrator shall delegate, at a minimum, the following 
responsibilities to the organization, which shall carry out its 
responsibilities in cooperation and consultation with the head of the 
office established by subsection (a):
            (1) Planning and coordinating the ISS National Laboratory 
        research activities.
            (2) Development and implementation of guidelines, selection 
        criteria, and flight support requirements for non-NASA 
        scientific utilization of International Space Station research 
        capabilities and facilities available in United States-owned 
        modules or in partner-owned facilities allocated to United 
        States utilization by international agreement.
            (3) Interaction with and support 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), and 
        the review and implementation of recommendations provided by 
        that Committee under the terms of the enabling legislation and 
        subsequent organizational documents, negotiation, approval, and 
        implementation of memoranda of understanding, Space Act 
        agreements, or other authorized cooperative mechanisms, with 
        non-NASA United States government entities, academic 
        institutions or consortia, and commercial entities, leading to 
        utilization of the United States International Space Station 
        National Laboratory facilities.
            (4) Coordination of transportation requirements in support 
        of the United States International Space Station National 
        Laboratory facilities, including provisions for delivery of 
        instrumentation, logistics support, and related experiment 
        materials, and provisions for return to Earth of collected 
        samples, materials, and scientific instruments in need of 
        replacement or upgrade.
            (5) Cooperation with NASA, other Federal Agencies, States, 
        or commercial entities in ensuring the enhancement and 
        sustained operations of non-exploration-related space-station 
        research payload ground support facilities, including the Space 
        Life Sciences Laboratory, Space Station Processing Facility and 
        Payload Operations Control Center and any other ground 
        facilities critical to the utilization of the International 
        Space Station.
            (6) Development and implementation of scientific outreach 
        and education activities designed to ensure effective 
        utilization of International Space Station research 
        capabilities, through such instruments as memoranda of 
        understanding, Space Act agreements executed by NASA, or other 
        cooperative agreements, and through the conduct of scientific 
        assemblies, conferences, etc., for presentation of research 
        findings, methods and mechanisms for dissemination of non-
        restricted research findings, and development of educational 
        programs, course supplements, interaction with educational 
        programs at all grade levels, including student-focused 
        research opportunities for conduct of research in the United 
        States International Space Station National Laboratory managed 
        facilities.
    (c) Research Facilities Allocation and Integration of Research 
Payloads.--
            (1) Allocation of ISS Research Facilities.--Beginning as 
        soon as practicable after the date of enactment of this Act, 
        United States International Space Station National Laboratory 
        managed experiments shall be guaranteed access to, and 
        utilization of, 50 percent of the United States research 
        facilities allocation and requisite crew time through fiscal 
        year 2014. Beginning with fiscal year 2015, the percentage 
        allocation shall increase by an additional 10 percent per year 
        through fiscal year 2020.
            (2) Additional research capability.--If the head of the ISS 
        Program Office determines that there are NASA research plans 
        that would require research capability beyond the percentage 
        allocation under paragraph (1), those research plans shall be 
        prepared in the form of requested research opportunities 
        submitted to the established process for consideration of 
        proposed research within the allocations and capabilities of 
        the International Space Station National Laboratory, as 
        provided in paragraph (1). These research proposals may include 
        the establishment of partnerships with non-NASA institutions 
        eligible to propose research to be conducted within National 
        Laboratory allocated research facilities. Until fiscal year 
        2020, the head of the Office may grant exceptions to this 
        requirement if the proposed experiment is deemed essential for 
        purposes of preparing for exploration beyond low Earth Orbit, 
        as determined by joint agreement between the organization 
        described in subsection (a) and the head of the office 
        established under subsection (b).
            (3) Research priorities and enhanced facilities.--The 
        organization described in subsection (b) and the head of the 
        office established under subsection (a) shall take into account 
        recommendations of the National Academies of Science Decadal 
        Survey on Life and Microgravity Sciences in establishing 
        research priorities and in developing proposed enhancements of 
        research facilities and opportunities.
            (4) Research payload responsibility.--NASA shall retain its 
        roles and responsibilities in providing research payload 
        transportation integration and operations processes essential 
        to ensure safe and effective flight readiness and vehicle 
        integration of research facilities and activities approved and 
        prioritized by the organization described in subsection (b) and 
        the head of the office established under subsection (a).

SEC. 7. TRANSPORTATION SYSTEMS DEVELOPMENT.

    (a) In General.--The Administrator shall take steps to ensure that 
the development of space transportation vehicles, systems, and 
infrastructure shall occur in such a way as to ensure the availability 
of complementary and, where necessary, redundant transportation systems 
capable of delivering crew and cargo to low-Earth orbit, in particular 
to the International Space Station, and to destinations beyond low-
Earth orbit. Systems developed and operated by the United States 
Government shall be the primary means for delivering crew and cargo to 
destinations in low-Earth orbit until such time as commercial entities 
demonstrate, through a successful flight regime, as determined by 
established milestones within current Space Act Agreements, that they 
have the capability to deliver cargo to destinations in low-Earth 
orbit, including the International Space Station. Systems developed and 
operated by the United States government shall be the primary means for 
delivering crew and cargo to destinations beyond low earth orbit. 
Commercially developed launch systems, such as those being developed 
under NASA's Commercial Orbital Transportation System, for which the 
United States government will serve primarily as a customer, shall be 
the primary means for delivering cargo to the International Space 
Stations once they have successfully demonstrated that capability, as 
required by this subsection.
    (b) National Space Transportation System.--The Administrator is 
directed to develop a plan, no later than 90 days after the date of 
enactment of this Act, for the establishment of a National Space 
Transportation System. The National Space Transportation System shall 
include--
            (1) an architecture of government developed and operated 
        space transportation systems, including one or more launch 
        vehicles and associated crew and cargo carriers;
            (2) a streamlined approach to development and acquisition 
        of such systems funded and overseen by the United States 
        Government, including possible adoption or modification of 
        effective acquisition practices utilized by the Department of 
        Defense, where appropriate, to more effectively meet civil 
        space transportation requirements;
            (3) an operational concept that utilizes existing 
        government and industry personnel and infrastructure in an 
        efficient and cost effective manner;
            (4) continuation or modification of ongoing programs, 
        associated contracts, and testing and evaluation plans 
        initiated under the Constellation Program, including the Orion 
        Crew Exploration Vehicle and the Ares-1 Crew Launch Vehicle, to 
        the extent that such elements are determined to be cost 
        effective and operationally effective;
            (5) a plan for incrementally upgrading initially developed 
        and deployed systems so that such systems can be made 
        operational with existing technology at the earliest possible 
        opportunity and then upgraded over time to fulfill more 
        demanding missions and incorporate new technology as it becomes 
        available; and
            (6) a United States Government managed approach for 
        overseeing and ensuring crew safety, including oversight of 
        human ratings requirements established under subsection 
        (f)(1)(C) of this section.
    (c) Technology Development To Support National Space Transportation 
Systems Evolution.--The Administrator shall develop and keep up to date 
a technology development plan to support the evolving requirements of 
the National Space Transportation System, both for low-Earth orbit 
requirements and for missions beyond low-Earth orbit. Technology 
funding provided pursuant to this subsection shall be determined based 
on the specific mission benefits and the performance requirements 
needed to achieve clearly identified mission objectives, such as 
planning to reach destinations beyond low-Earth orbit. There are 
authorized to be appropriated to the Administrator such amounts for 
technology funding for propulsion elements as may be necessary to 
advance the state of the art in propulsion elements as a priority over 
developments of current state of the art in propulsion systems.
    (d) Heavy-Lift Vehicle Development.--
            (1) Review.--As part of the National Space Transportation 
        system required in subsection (b) of this section, the 
        Administrator is directed to conduct a review of alternative 
        heavy lift launch vehicle configurations that may be developed 
        by the United States government to transport crew and cargo to 
        low-Earth orbit and beyond.
            (2) Content.--The review shall--
                    (A) include shuttle-derived vehicles which use 
                existing United States propulsion systems, including 
                liquid fuel engines, external tank, and solid rocket 
                motor technology and related ground-based manufacturing 
                capability, launch and operations infrastructure, and 
                workforce expertise;
                    (B) take into consideration technologies developed 
                under the Constellation Program, including those 
                developed for the Ares I system;
                    (C) include consideration of the degree to which 
                alternative vehicles may be developed in an 
                evolutionary fashion with the objective of supporting 
                initial crew and cargo transportation to the 
                International Space Station by the end of 2013 and 
                missions beyond low-Earth orbit by the end of 2018; and
                    (D) include comparative development and projected 
                operational costs.
    (e) National Space Transportation System Authority To Proceed.--The 
Administrator is directed to select a heavy lift launch vehicle and 
accompanying crew vehicle design concept and to initiate detailed 
design activities no later than 6 months after the date of enactment of 
this Act. If ongoing program development elements and activities from 
the Constellation Program are to be included in such a National Space 
Transportation System, the Administrator shall take appropriate steps 
to extend or modify existing contracts to facilitate this objective.
    (f) Commercially Developed Space Transportation Vehicles.--
            (1) Launch and delivery systems.--The Congress restates its 
        commitment, expressed in the National Aeronautics and Space 
        Administration Acts of 2005 and 2008, to the development of 
        commercially developed launch and delivery systems to the 
        International Space Station for crew and cargo missions, known 
        as the Commercial Orbital Transportation System.
            (2) Preliminary requirements for commercial crew capability 
        development.--Before undertaking any development activity in 
        support of commercially developed crew transportation systems, 
        the Administrator shall ensure that, at a minimum, the 
        following steps are completed:
                    (A) Human rating requirements.--Not later than 60 
                days after the date of enactment of this Act, the 
                Administrator shall develop and make publicly available 
                detailed human ratings requirements to guide the design 
                of commercially developed crew transportation 
                capabilities. The requirements shall be at least 
                equivalent to proven requirements in use as of the date 
                of enactment of this Act.
                    (B) Commercial market assessment.--The 
                Administrator shall initiate, using an appropriate and 
                qualified independent entity, an assessment of the 
                potential non-government market for commercially 
                developed crew and cargo space transportation systems 
                and capabilities. The assessment shall--
                            (i) include activities associated with 
                        potential private sector utilization of 
                        International Space Station research and 
                        technology development capabilities and other 
                        potential activities in low-Earth orbit; and
                            (ii) be completed and provided to the 
                        committees of jurisdiction no later than 120 
                        days after the date of enactment of this Act.
                    (C) Procurement system review.--The Administrator 
                shall review established government procurement and 
                acquisition practices and processes, including Space 
                Act Agreement authorities, to determine the most cost-
                effective means of procuring commercial crew 
                capabilities and related services which will ensure 
                appropriate accountability, transparency, and maximum 
                efficiency in the procurement of such services. The 
                review shall include a description of proposed measures 
                to address risk management processes and the means of 
                indemnification for third party commercial entities, 
                and processes for quality control, safety oversight, 
                and application of Federal oversight processes within 
                the jurisdiction of other Federal agencies. A 
                description of the proposed procurement process and 
                justification for its selection shall be included in 
                any proposed initiation of procurement activity for 
                commercially developed crew transportation services and 
                shall be subject to review by the committees of 
                jurisdiction before the initiation of any competitive 
                process to procure such services. In support of the 
                committee review, the Comptroller General shall 
                undertake an assessment of the review required by this 
                subparagraph and provide a report to the committees of 
                jurisdiction within 90 days after the date on which the 
                Administrator provides the description and 
                justification to the committees of jurisdiction.
                    (D) 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. 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 capabilities or services.
                    (E) Establishment of flight demonstration and 
                readiness requirements.--The Administrator shall 
                establish appropriate milestones and minimum 
                performance accomplishments which must be completed 
                before any authority is granted to proceed to 
                procurement of commercially developed crew 
                transportation systems or capabilities.
            (3) Sense of the congress.--It is the sense of the Congress 
        that the development of commercial capabilities for the use of 
        space may be of value in maximizing the utility and 
        productivity of the International Space Station by providing a 
        commercial means of enabling crew transfer and crew rescue 
        services for the International Space Station. The Congress 
        further believes that once such commercial services have 
        demonstrated the capability to meet established ascent, entry, 
        and International Space Station proximity operations safety 
        requirements the United States should make use of domestic 
        commercially provided crew transfer and crew rescue services to 
        the maximum extent practicable. The Congress further believes 
        that the National Aeronautics and Space Administration should 
        expedite, where possible, the use of domestic commercially 
        provided International Space Station cargo missions, and that 
        upon the certification by appropriate Federal agencies of 
        operational flight readiness for the provision of commercial 
        crew transportation capabilities, the Administrator should 
        limit, to the maximum extent practicable, the use of a United 
        States government crew transportation vehicle to missions 
        carrying crew beyond low Earth orbit.
            (4) Limitation on obligation or expenditure of funds.--No 
        funds authorized to be appropriated by this Act may be 
        obligated or expended for the purpose of procuring a 
        commercially developed crew transportation vehicle prior to 
        completion of the requirements of paragraph (2) of this 
        subsection.
    (g) Cargo Return Capability.--The Administrator is directed to 
conduct a study of alternative means for development of the capability 
for a soft-landing return for return research samples or other 
derivative materials, and small to mid-sized (up to 1,000 kilograms) 
equipment for return and analysis, or refurbishment and redelivery to 
the ISS. If the Administrator decides that an independent study is 
appropriate, the results of the study shall be transmitted to the 
committees of jurisdiction no later than 120 days after the date of 
enactment of this Act.
    (h) Report to Committees of Jurisdiction.--The Administrator shall 
submit a report to the committees of jurisdiction on plans for 
implementing the requirements of this section no later than 90 days 
after the date of enactment of this act.

SEC. 8. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of NASA.
            (2) Commercial entity.--The term ``commercial entity'' 
        means a for-profit entity operating in such a way that--
                    (A) private capital is at risk in the provision of 
                a product, activity, or service;
                    (B) there are existing or potential nongovernmental 
                customers for the product, activity, or service 
                conducted or provided by the entity;
                    (C) the commercial market ultimately determines the 
                viability of such product, activity, or service; and
                    (D) primary responsibility and management 
                initiative for the entity resides with the private 
                sector.
            (3) Committees of jurisdiction.--The term ``committees of 
        jurisdiction'' means--
                    (A) the Committee on Commerce, Science, and 
                Transportation of the Senate; and
                    (B) the Committee on Science and Technology of the 
                House of Representatives.
            (4) Down-mass.--The term ``down-mass'' means physical 
        elements, such as equipment removed for repair, replacement or 
        analysis, experiment products, samples and devices, tools, 
        personal crew items, manufactured goods, or other non-
        disposable items, including historically significant materials 
        or items, whether the property of the United States or an 
        international partner, or a non-government or commercial 
        entity.
            (5) ISS.--The term ``ISS'' means the International Space 
        Station.
            (6) ISS national laboratory.--The term ``ISS National 
        Laboratory'' means the International Space Station United 
        States National Laboratory Enterprise.
            (7) Legislative day.--The term ``legislative day'' means 
        any calendar day on which the Senate and the House of 
        Representatives are in session.
            (8) NASA.--The term ``NASA'' means the National Aeronautics 
        and Space Administration.
            (9) Space act.--The term ``Space Act'' means the National 
        Aeronautics and Space Act of 1958 (42 U.S.C. 2451 et seq.).
            (10) United States segment of the international space 
        station.--The term ``United States Segment of the International 
        Space Station'' includes all structural elements, supporting 
        equipment, external attachment locations, pressurized modules, 
        and associated contents, purchased or manufactured by or for 
        the United States, and partner-supplied facilities allocated 
        for utilization as determined through bilateral and 
        multilateral agreements.
            (11) Up-mass.--The term ``up-mass'' means physical 
        elements, such as equipment, spare parts, replacement parts, 
        experimental facilities, and associated materials, and various 
        supplies necessary for the operation and maintenance of the 
        space station vehicle, modules, hardware, and crew support.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    (a) FY 2010.--There are authorized to be appropriated to the 
National Aeronautics and Space Administration for fiscal year 2010:
            (1) Space Science Mission Directorate, $4,493,300,000.
            (2) Exploration Systems Mission Directorate, 
        $3,779,800,000.
            (3) Space Operations Mission Directorate, $6,180,600,000.
            (4) Aeronautics and Space Research and Technology Mission 
        Directorate, $682,200,000.
            (5) Education Programs, $183,800,000.
            (6) Cross-Agency Support, $2,919,900,000.
            (7) Construction and Environmental Compliance and 
        Restoration, $448,300,000.
            (8) Office of Inspector General, $35,000,000.
    (b) FY 2011.--There are authorized to be appropriated to the 
National Aeronautics and Space Administration for fiscal year fiscal 
year 2011:
            (1) Space Science Mission Directorate, $5,005,600,000.
            (2) Exploration Systems Mission Directorate, 
        $4.263,400,000.
            (3) Space Operations Mission Directorate, $4,887,800,000.
            (4) Aeronautics and Space Research and Technology Mission 
        Directorate, $1,151,800,000.
            (5) Education Programs, $145,800,000.
            (6) Cross-Agency Support, $3,111,400,000.
            (7) Construction and Environmental Compliance and 
        Restoration, $397,300,000.
            (8) Office of Inspector General, $36,000,000.
    (c) FY 2012.--There are authorized to be appropriated to the 
National Aeronautics and Space Administration for fiscal year 2012:
            (1) Space Science Mission Directorate, $5,248,600,000.
            (2) Exploration Systems Mission Directorate, 
        $4,577,400,000.
            (3) Space Operations Mission Directorate, $4,290,200,000.
            (4) Aeronautics and Space Research and Technology Mission 
        Directorate, $1,596,900,000.
            (5) Education Programs, $145,800,000.
            (6) Cross-Agency Support, $3,189,600,000.
            (7) Construction and Environmental Compliance and 
        Restoration, $363,800,000.
            (8) Office of Inspector General, $36,000,000.
    (d) Space Shuttle Sustaining Operations.--For purposes of 
implementing section 4, there are authorized to be appropriated an 
additional $200,000,000 for Space Shuttle operations in fiscal year 
2010, $1,200,000,000 for Space Shuttle Operations in fiscal year 2011, 
and $2,000,000,000 for Space Shuttle Operations in fiscal year 2012.
    (e) ISS Operations.--For purposes of implementing section 5, there 
are authorized to be appropriated an additional $36,000,000 for fiscal 
year 2010 for procurement of necessary spares, replacement units, and 
associated transportation costs of elements necessary to ensure viable 
sustained vehicle maintenance and operations, $100,000,000 for fiscal 
year 2011, and $100,000,000 for fiscal year 2012.
    (f) ISS Utilization.--For purposes of implementing section 6, there 
are authorized to be appropriated an additional $20,000,000 in fiscal 
year 2010, $15,000,000 for fiscal year 2011, and $15,000,000 for fiscal 
year 2012.
    (g) No Fiscal Year Limitation on Funding.--All funds appropriated 
pursuant to this section shall remain available until expended.
    (h) Transfer of Funds.--The Administrator may transfer funds among 
any of the accounts identified in this section if, not less than 30 
days before the date of any such transfer, the Administrator provides a 
detailed explanation of the needs for the transfer, the amount proposed 
to be transferred, and an analysis of the impact on activities from 
which funding is proposed to be transferred, to the committees of 
jurisdiction of the House of Representatives and the Senate. No such 
transfer shall occur until the Administrator has received an 
affirmative response indicating agreement to the proposed transfer from 
the chairs of the committees of jurisdiction.

SEC. 10. APPLICATION WITH OTHER LAWS.

    The proviso under the heading ``exploration'', under the heading 
``science'' in the matter dealing with the National Aeronautics and 
Space Administration in the Science Appropriations Act, 2010 (title II 
of division B of the Consolidated Appropriations Act, 2010; Public Law 
111-117) shall not apply to any activity authorized under this Act.
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