sions, known as the Commercial Orbital Transpor-
tation System. 
(2) PRELIMINARY
REQUIREMENTS
FOR
COM-
MERCIAL 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 commer-
cially developed crew transportation capabilities. 
The requirements shall be at least equivalent to 
proven requirements in use as of the date of en-
actment of this Act. 
(B) COMMERCIAL MARKET ASSESSMENT.— 
The Administrator shall initiate, using an ap-
propriate and qualified independent entity, an 
assessment of the potential non-Government 
market for commercially developed crew and 
cargo space transportation systems and capa-
bilities. The assessment shall— 
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(i) include activities associated with 
potential private sector utilization of Inter-
national Space Station research and tech-
nology 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 Govern-
ment procurement and acquisition practices and 
processes, including Space Act Agreement au-
thorities, to determine the most cost-effective 
means of procuring commercial crew capabili-
ties and related services which will ensure ap-
propriate 
accountability, 
transparency, 
and 
maximum efficiency in the procurement of such 
services. The review shall include a description 
of proposed measures to address risk manage-
ment processes and the means of indemnifica-
tion for third-party commercial entities, and 
processes for quality control, safety oversight, 
and application of Federal oversight processes 
within the jurisdiction of other Federal agen-
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cies. A description of the proposed procurement 
process and justification for its selection shall 
be included in any proposed initiation of pro-
curement activity for commercially developed 
crew transportation services and shall be sub-
ject to review by the committees of jurisdiction 
before the initiation of any competitive process 
to procure such services. In support of the com-
mittee review, the Comptroller General shall un-
dertake 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 commit-
tees of jurisdiction. 
(D) USE OF GOVERNMENT-SUPPLIED CA-
PABILITIES AND INFRASTRUCTURE.—In evalu-
ating any proposed development activity for 
commercially developed crew or cargo launch 
capabilities, the Administrator shall identify the 
anticipated contribution of Government per-
sonnel, expertise, technologies, and infrastruc-
ture to be utilized in support of design, develop-
ment, or operations of such capabilities. The 
Administrator shall include details and associ-
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ated costs of such support as part of any pro-
posed development initiative for the procure-
ment of commercially developed crew or cargo 
capabilities or services. 
(E) ESTABLISHMENT
OF
FLIGHT
DEM-
ONSTRATION
AND
READINESS
REQUIRE-
MENTS.—The Administrator shall establish ap-
propriate milestones and minimum performance 
accomplishments which must be completed be-
fore any authority is granted to proceed to pro-
curement of commercially developed crew trans-
portation 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 Inter-
national 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 es-
tablished ascent, entry, and International Space Sta-
tion proximity operations safety requirements the 
United States should make use of domestic commer-
cially provided crew transfer and crew rescue serv-
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ices to the maximum extent practicable. The Con-
gress 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 agen-
cies 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 EXPENDI-
TURE OF FUNDS.—No funds authorized to be appro-
priated 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 Adminis-
trator 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 inde-
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pendent 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 en-
actment of this act. 
SEC. 8. DEFINITIONS. 
In this Act: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of NASA. 
(2) COMMERCIAL ENTITY.—The term ‘‘commer-
cial entity’’ means a for-profit entity operating in 
such a way that— 
(A) private capital is at risk in the provi-
sion of a product, activity, or service; 
(B) there are existing or potential non-gov-
ernmental customers for the product, activity, 
or service conducted or provided by the entity; 
(C) the commercial market ultimately de-
termines the viability of such product, activity, 
or service; and 
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(D) primary responsibility and manage-
ment 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 Tech-
nology of the House of Representatives. 
(4) 
DOWN-MASS.—The 
term 
‘‘down-mass’’ 
means physical elements, such as equipment re-
moved for repair, replacement or analysis, experi-
ment products, samples and devices, tools, personal 
crew items, manufactured goods, or other non-dis-
posable items, including historically significant mate-
rials or items, whether the property of the United 
States or an international partner, or a non-Govern-
ment or commercial entity. 
(5) ISS.—The term ‘‘ISS’’ means the Inter-
national Space Station. 
(6) ISS NATIONAL
LABORATORY.—The term 
‘‘ISS National Laboratory’’ means the International 
Space Station United States National Laboratory 
Enterprise. 
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(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 Na-
tional 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 INTER-
NATIONAL
SPACE
STATION.—The term ‘‘United 
States Segment of the International Space Station’’ 
includes all structural elements, supporting equip-
ment, external attachment locations, pressurized 
modules, and associated contents, purchased or man-
ufactured by or for the United States, and partner- 
supplied facilities allocated for utilization as deter-
mined 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 asso-
ciated materials, and various supplies necessary for 
the operation and maintenance of the space station 
vehicle, modules, hardware, and crew support. 
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SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 
(a) FY 2010.—There are authorized to be appro-
priated to the National Aeronautics and Space Adminis-
tration 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 Tech-
nology Mission Directorate, $682,200,000. 
(5) Education Programs, $183,800,000. 
(6) Cross-Agency Support, $2,919,900,000. 
(7) Construction and Environmental Compli-
ance and Restoration, $448,300,000. 
(8) Office of Inspector General, $35,000,000. 
(b) FY 2011.—There are authorized to be appro-
priated to the National Aeronautics and Space Adminis-
tration 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. 
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(4) Aeronautics and Space Research and Tech-
nology Mission Directorate, $1,151,800,000. 
(5) Education Programs, $145,800,000. 
(6) Cross-Agency Support, $3,111,400,000. 
(7) Construction and Environmental Compli-
ance and Restoration, $397,300,000. 
(8) Office of Inspector General, $36,000,000. 
(c) FY 2012.—There are authorized to be appro-
priated to the National Aeronautics and Space Adminis-
tration 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 Tech-
nology Mission Directorate, $1,596,900,000. 
(5) Education Programs, $145,800,000. 
(6) Cross-Agency Support, $3,189,600,000. 
(7) Construction and Environmental Compli-
ance 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 author-
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ized 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 Oper-
ations in fiscal year 2012. 
(e) ISS OPERATIONS.—For purposes of imple-
menting section 5, there are authorized to be appropriated 
an additional $36,000,000 for fiscal year 2010 for pro-
curement of necessary spares, replacement units, and as-
sociated transportation costs of elements necessary to en-
sure 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 imple-
menting 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 fis-
cal year 2012. 
(g) NO FISCAL YEAR LIMITATION ON FUNDING.— 
All funds appropriated pursuant to this section shall re-
main 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 expla-
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