Human Space Flight Capability Assurance and Enhancement Act of 2010 - Directs the Administrator of the National Aeronautics and Space Administration (NASA) to: (1) 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 required reviews, requirements, and reports; and (2) ensure space shuttle launch capability through FY2011 by enabling launch, at a minimum, of all payloads manifested as of February 28, 2010.
Instructs the Administrator to ask the National Academies of Science (NAS) to appoint a Flight Certification Review Committee to: (1) review space shuttle certification activities undertaken or initiated after February 2003; and (2) assess their adequacy in assuring vehicle durability, flight-worthiness, and sustainability for continued operations of up to five years beyond the flight manifest planned as February 2010.
Requires NASA to operate the Space Shuttle Program at a flight rate of not more than 2 missions in any consecutive 12-month period during FY2010-FY2012.
Prohibits termination of such Program as of a scheduled date certain.
Specifies the conditions for termination of space shuttle missions operations. Requires a determination by the President regarding termination of missions in support of International Space Station (ISS) operations and Congress to be notified of any such determination.
Sets forth requirements for the decommissioning of the remaining space shuttles and the preservation of shuttle vehicle and systems design and engineering data.
States that is shall be the policy of the United States, in consultation with its ISS International Partners, to support full and complete utilization of the Space Station through at least the year 2020.
Requires a review of all essential vehicles, components, and permanent scientific equipment on board or planned for installation aboard the ISS, including international partner elements, and the Comptroller General to monitor such review.
Establishes responsibility for the ISS United States National Laboratory in the Space Operations Mission Directorate, ISS Program Office. Delegates to a Deputy Associate Administrator for ISS the conduct of ISS operations by NASA and non-NASA organizations.
Establishes a management entity for the National Laboratory to implement research and development projects using the ISS U.S. segment.
Guarantees National Laboratory-managed experiments access to 50% of the U.S.'s research facilities allocation through FY2014, increased by an additional 10% annually through FY2020.
Establishes a National Space Transportation System. Requires a technology development plan. Provides for specified crew and cargo studies, reviews, and activities.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4804 Introduced in House (IH)]
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 Florida, Mr.
Grayson, Ms. Castor of Florida, Mr. Melancon, Mr. Putnam, Mr. Klein of
Florida, Mr. Mica, Mr. Costa, Ms. Pingree of Maine, and Mr. Teague)
introduced the following bill; which was referred to the Committee on
Science and Technology
_______________________________________________________________________
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 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 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 shuttle 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, with safety standards for
human life support, including oversight of human ratings
requirements established under subsection (f)(2)(A) 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-1 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 non-
governmental 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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Science and Technology.
Referred to the Subcommittee on Space and Aeronautics.
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