I 
111TH CONGRESS 
2D SESSION 
H. R. 4804 
To reauthorize the National Aeronautics and Space Administration Human 
Space Flight Activities, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 10, 2010 
Ms. KOSMAS (for herself, Mr. POSEY, Ms. JACKSON LEE of Texas, Ms. 
WASSERMAN SCHULTZ, Mr. LATOURETTE, Ms. CORRINE BROWN of Flor-
ida, Mr. GRAYSON, Ms. CASTOR of Florida, Mr. MELANCON, Mr. PUT-
NAM, Mr. KLEIN of Florida, Mr. MICA, Mr. COSTA, Ms. PINGREE of 
Maine, and Mr. TEAGUE) introduced the following bill; which was re-
ferred to the Committee on Science and Technology 
A BILL 
To reauthorize the National Aeronautics and Space Adminis-
tration Human Space Flight Activities, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives 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 Enhance-
ment Act of 2010’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
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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 management and 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 capabili-
ties 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 re-
main engaged in demanding, challenging, and excit-
ing 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 
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members, and the ability to conduct unique micro-
gravity 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 Labora-
tory, as provided in section 507 of the National Aer-
onautics and Space Administration Authorization 
Act of 2005 (42 U.S.C. 16767) and as further pro-
vided in subtitle A of title VI of the National Aero-
nautics and Space Administration Authorization Act 
of 2008 (42 U.S.C. 17751 through 17753), provides 
an opportunity for multiple United States Govern-
ment agencies, university-based researchers, com-
mercial research organizations, and others to utilize 
the unique environment of microgravity for funda-
mental scientific research and potential commercial 
developments. 
(6) In order to assure the full and complete uti-
lization of the International Space Station, including 
the ability to sustain the systems and physical infra-
structure of the vehicle, effective and timely trans-
portation systems are required, which must be able 
to deliver the full range of logistics, support, and 
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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 re-
search-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 essen-
tial for providing the necessary long-term focus and 
programmatic robustness of the United States civil-
ian space program. 
(10) The United States must develop, as rap-
idly as possible, replacement vehicles capable of pro-
viding both human and cargo launch capability to 
low-Earth orbit and, by expansion or modification of 
core design features, capable of delivering large pay-
loads into low-Earth orbit or to destinations beyond 
low-Earth orbit. 
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(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 under-
taken 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 Au-
thorization 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 secu-
rity and the ability to ensure continued United States par-
ticipation and leadership in the exploration and utilization 
of space. 
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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 oper-
ations and support, pending the completion of the 
reviews, requirements, and reports of this section. 
(2) CURRENT SHUTTLE MANIFEST FLIGHT AS-
SURANCE.—The Administrator shall take all steps 
necessary to ensure shuttle launch capability 
through fiscal year 2011 to enable launch, at a min-
imum, of all payloads manifested as of February 28, 
2010. In fulfillment of this requirement, the Admin-
istrator is prohibited from terminating any con-
tractor support which will endanger or inhibit the 
launching of shuttle payloads manifested as of Feb-
ruary 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 Na-
tional Academies of Science to appoint a Flight Certifi-
cation Review Committee, consisting of 5 individuals with 
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appropriate engineering expertise and experience in certifi-
cation of space flight vehicle hardware, systems, and 
equipment testing and validation procedures, to review 
space shuttle certification activities undertaken or initi-
ated after February, 2003. The Committee shall provide 
an assessment regarding the adequacy of those validation 
procedures in assuring vehicle durability, flight worthi-
ness, 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 compo-
nents 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 deter-
minations 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.—Not-
withstanding any other provision of law, to the extent 
practicable NASA shall operate the Space Shuttle Pro-
gram at a flight rate of no more than 2 missions in any 
consecutive 12-month period beginning during the fiscal 
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years for which appropriations are authorized under sec-
tion 9 of this Act. 
(e) EXISTING HARDWARE COMPONENTS.—The Ad-
ministrator shall ensure that hardware components in ex-
istence as of March, 2010, remain available for use in con-
nection with any additional flights required under sub-
section (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 origi-
nally scheduled for delivery to the International 
Space Station in the flight manifest schedule pre-
pared 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 
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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 ter-
mination 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 Inter-
national Partner scientific research and experi-
mentation which the United States is obligated 
by international agreement to provide. 
(h) 
ADDITIONAL
DETERMINATION
REQUIRE-
MENTS.—The President shall include in such a determina-
tion a detailed description of alternate means for the pro-
vision of necessary support for the conduct of full utiliza-
tion of the International Space Station for research and 
development in science, engineering, and technological de-
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velopment, 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 pro-
vide any determination under this section to the commit-
tees of jurisdiction, which shall review such determination 
and consider whether to recommend legislative action to 
establish further conditions for termination of space shut-
tle 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 re-
ceipt 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 de-
commissioning the remaining Orbiter vehicles ac-
cording to established safety and historic preserva-
tion procedures prior to their designation as surplus 
Government property. The remaining Orbiter vehi-
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cles shall be made available and located for display 
and maintenance by a competitive procedure estab-
lished 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, dis-
play, 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 de-
commissioning, 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. 
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(l) PRESERVATION OF VEHICLE AND SYSTEMS DE-
SIGN AND ENGINEERING DATA.—The Administrator shall 
immediately take all necessary steps to ensure the collec-
tion 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 pro-
grammatic lessons learned and technical interchange ap-
plicability 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 effec-
tive operations, maintenance, and maximum utiliza-
tion of the United States Segment of the Inter-
national 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, oper-
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ational systems and components, structural ele-
ments, 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 deter-
mine anticipated spare or replacement requirements 
to ensure complete, effective, and safe function and 
full scientific utilization of the ISS. The Adminis-
trator shall enable the Comptroller General to mon-
itor and, as appropriate, participate in the review re-
quired 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 juris-
diction. 
(3) REPORTING
REQUIREMENTS.—No later 
than 90 days after the date of enactment of this Act 
the Administrator shall provide the completed as-
sessment to the committees of jurisdiction. The re-
sults of the required assessment shall include, at 
minimum, the following: 
(A) The identification of spare or replace-
ment elements and parts currently produced, in 
inventory, or on order, and the state of readi-
ness and schedule for delivery to the ISS, in-
cluding the planned transportation means for 
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such delivery. Each element identified shall in-
clude a description of its location, function, 
criticality for system integrity, and specifica-
tions regarding size, weight, and necessary con-
figuration for launch and delivery. 
(B) The identification of anticipated re-
quirements for spare or replacement elements 
not currently in inventory or on order, a de-
scription 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.—Uti-
lization of research facilities and capabilities aboard the 
International Space Station other than exploration-related 
research and technology development activities, and asso-
ciated ground support and logistics, shall be planned, 
managed, and supported by the organizations described in 
section 6. 
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SEC. 6. INTERNATIONAL SPACE STATION MANAGEMENT 
AND UTILIZATION. 
(a) ESTABLISHMENT OF OFFICE OF RESPONSIBILITY 
FOR UNITED STATES SPACE STATION NATIONAL LAB-
ORATORY.—The Administrator shall establish responsi-
bility 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 Of-
fice 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 min-
imum, 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 organi-
zation 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 im-
plementing research and development projects utilizing the 
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International Space Station U.S. Segment, and to be en-
gaged exclusively in this enterprise without other organi-
zational objectives or responsibilities on behalf of the orga-
nization or any parent entity. The head of the office estab-
lished by subsection (a) is responsible for liaison and man-
agement of the agreement. The Administrator shall dele-
gate, 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 guide-
lines, selection criteria, and flight support require-
ments for non-NASA scientific utilization of Inter-
national Space Station research capabilities and fa-
cilities 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 Inter-
national Space Station National Laboratory Advi-
sory Committee, established under section 602 of the 
National Aeronautics and Space Administration Au-
thorization Act of 2008 (42 U.S.C. 17752), and the 
review and implementation of recommendations pro-
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vided by that Committee under the terms of the ena-
bling legislation and subsequent organizational docu-
ments, negotiation, approval, and implementation of 
memoranda of understanding, Space Act Agree-
ments, 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 fa-
cilities. 
(4) Coordination of transportation requirements 
in support of the United States International Space 
Station National Laboratory facilities, including pro-
visions for delivery of instrumentation, logistics sup-
port, and related experiment materials, and provi-
sions for return to Earth of collected samples, mate-
rials, and scientific instruments in need of replace-
ment 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 Fa-
cility and Payload Operations Control Center and 
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any other ground facilities critical to the utilization 
of the International Space Station. 
(6) Development and implementation of sci-
entific outreach and education activities designed to 
ensure effective utilization of International Space 
Station research capabilities, through such instru-
ments 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 re-
search findings, methods and mechanisms for dis-
semination of non-restricted research findings, and 
development of educational programs, course supple-
ments, interaction with educational programs at all 
grade levels, including student-focused research op-
portunities for conduct of research in the United 
States International Space Station National Labora-
tory managed facilities. 
(c) RESEARCH FACILITIES ALLOCATION AND INTE-
GRATION OF RESEARCH PAYLOADS.— 
(1) ALLOCATION
OF
ISS
RESEARCH
FACILI-
TIES.—Beginning as soon as practicable after the 
date of enactment of this Act, United States Inter-
national Space Station National Laboratory man-
aged experiments shall be guaranteed access to, and 
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utilization of, 50 percent of the United States re-
search 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 opportu-
nities submitted to the established process for con-
sideration of proposed research within the alloca-
tions and capabilities of the International Space Sta-
tion National Laboratory, as provided in paragraph 
(1). These research proposals may include the estab-
lishment 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 pre-
paring for exploration beyond low-Earth orbit, as de-
termined by joint agreement between the organiza-
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tion described in subsection (a) and the head of the 
office established under subsection (b). 
(3) RESEARCH PRIORITIES AND ENHANCED FA-
CILITIES.—The organization described in subsection 
(b) and the head of the office established under sub-
section (a) shall take into account recommendations 
of the National Academies of Science Decadal Sur-
vey on Life and Microgravity Sciences in estab-
lishing research priorities and in developing pro-
posed enhancements of research facilities and oppor-
tunities. 
(4) RESEARCH
PAYLOAD
RESPONSIBILITY.— 
NASA shall retain its roles and responsibilities in 
providing research payload transportation integra-
tion and operations processes essential to ensure 
safe and effective flight readiness and vehicle inte-
gration of research facilities and activities approved 
and prioritized by the organization described in sub-
section (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 transpor-
tation vehicles, systems, and infrastructure shall occur in 
such a way as to ensure the availability of complementary 
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