Conference Report

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and education program, does not receive sufficient fmancial or management support. Accordingly, the conferees provide $3,000,000 within NASA and

$3,000,000 within NOAA for the GLOBE program. The conferees direct the

Office of Science and Technology Policy to conduct a thorough review of the program and to report within 60 days of enactment of this Act on recommendations to improve the program's viability. The report shall include an examination of the merits of transitioning responsibility for the program from NASA to NOAA. The conferees expect that any recommendations will be incorporated into the fiscal year 2011 budget request.

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

AGENCY SUMMARY

The conferees remain concerned about NASA's management of its budget, as well as its financial recordkeeping and reporting. Reports and fmdings of the

General Accounting Office and the House and Senate Committees on

Appropriations continue to reveal a pattern of lax fiscal management and oversight, ranging from the administration of enhanced use lease receipts, insufficient evidentiary support for amounts in NASA's budget execution data, improper execution of its authority in the construction program, and increasing numbers of contract awards being protested. Accordingly, the conferees have taken several steps to assist NASA in improving its fiscal management. The conference agreement:

o consolidates all programmatic and institutional construction and .

environmental compliance and remediation activities into a new account, for which the period of availability is five years; o subjects annual expenditures planned from the collection of enhanced use lease receipts to an annual appropriations limitation fITst enacted in fiscal year 2009; o fully funds center administrative activities in the consolidated Cross

Agency Support account, realigning the remaining FIE currently charged to programmatic accounts; o directs NASA to include in its annual budget justifications the reserve amount assumed by the agency to be necessary for the program and the amount actually proposed for each directorate, theme, program, project and activity, or if the proposed funding level is based on confidence level budgeting, the confidence level assumed in the .

proposed funding level; o directs NASA to cooperate fully and to provide timely program analysis and evaluation data to the GAO to permit the GAO to meet the Congressional mandate on major systems reporting; o directs NASA to include in its monthly financial reports beginn.ing

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Becetnbet 18, 200(;nd the 15 day of each month thereafter, data on

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.

budget authority, outlays, unobligated balances, and recoveries presented by appropriation, theme, program or project for each

directorate, theme, program, project and activity, as delineated in the

House report; o directs NASA to include in its fiscal year 2011 budget request and each budget request thereafter an accounting of civil service expense requirements, including

FfE

estimates, requested for each directorate, theme, program, project and activity; and o directs NASA to report within 60 days of enactment of this Act on actions the agency will take to improve fmancial management and to ensure integrity of the procurement process in an effort to reduce increasing numbers of contract award protests.

While the conference report does not adopt the position proposed by the House to limit appropriations available to NASA for one-year while providing an allowance of ten percent for two-years to. reflect the research and development nature of the work perfonned, the conferees will continue to monitor NASA's efforts to improve its obligation rate with commensurate improvements in accrual of costs and outlays to determine if the House's proposal warrants further consideration.

Summary funding provided for NASA is delineated more fully in the table below and in the account summaries.

~ERTT~

PROGRAMS, PROJECTS AND ACTIVITIES OF THE

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Fiscal Year 2010

(Dollars in millions)

Conference

SCIENCE MISSION DIRECTORATE

Earth Science:

Earth Science Research

Earth Science Research and Analysis

Computing and Management

Earth Systematic Missions

Global Precipitation Measurement (GPM)

Glory Mission

Landsat Data Continuity Mission (LDCM)

NPOESS Preparatory Project (NPP)

Ice, Cloud and Land Elevation Satellite (ICESat II)

Soil Moisture Active and Passive (SMAP)

DSCOVR

Other Missions and Data Analysis

Earth System Science Pathfinder

Aquarius

Venture Class Missions

Other Missions and Data Analysis

Earth Science Multi-Mission Operations

Earth Science Multi-Mission Operations

Earth Science Technology

Earth Science Technology

Applied Sciences

Pathways

Subtotal, Earth Science

Planetary Science:

Planetarv Science Research

Planetary Science Research and Analysis

Other Missions and Data Analysis

Education and Directorate Management

Near Earth Object Observations

Lunar Quest Program

Lunar Science

Lunar Atmosphere and Dust Environment Explorer

International Lunar Network

Discovery

Gravity Recovery and Interior Laboratory (GRAIL)

Other Missions and Data Analysis

New Frontiers

Juno

Other Missions and Data Analysis

Mars Exploration

2009 Mars Science Lab

MAVEN

Other Missions and Data Analysis

Outer Planets

Outer Planets

Technology

Technology

Subtotal, Planetary Science

$400.8

285.0

115.8

735.5

159.5

27.1

120.6

112.8

39.2

70.0

5.0

201.3

86.0

18.3

12.9

54.8

149.9

149.9

45.9

45.9

32.2

32.2

1,450.3

124.1

89.1

264.1

237.2

26.9

416.1

204.0

53.4

158.7

98.6

98.6

89.0

89.0

1,359.5

163.7

135.1

21.4

1.4

5.8

114.8

33.3

66.5

15.0

213.2

PROGRAMS, PROJECTS AND ACTIVITIES OF THE

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Fiscal Year 2010

(Dollars in millions)

Astrophysics:

Astrophysics Research

Astrophysics Research and Analysis

Balloon Project

.Other Missions and Data Analysis

Cosmic Origins

Hubble Space Telescope (HST)

James Webb Space Telescope (JWST)

Stratospheric Observatory for Infrared Astronomy (SOFIA)

Other Missions And Data Analysis

Physics of the Cosmos

Joint Dark Energy Mission

Other Missions and Data Analysis

Exoplanet Exploration: Other mission and data analysis

Other Missions and Data Analysis

Astrophysics Explorer

Wide - Field Infrared Survey Explorer (WISE)

Nuclear Spectroscopic Telescope Array (NuStar)

Astro-H

Other Missions and Data Analysis

SUbtotal, Astrophysics

Heliophyslcs:

Heliophysics Research

Heliophysics Research and Analysis

Sounding Rocket 'Operations

Research Range

GSFC Building Support

Other Missions and Data Analysis

Living with a Star

Solar Dynamics Observatory (500)

Radiation Belt Storm Probes (RBSP)

Solar Probe Plus

Other Missions and Data Analysis

Solar Terrestrial Probes

Magnetospheric Multiscale (MMS)

Other Missions and Data Analysis

Heliophysics Explorer Program

GOLD

Other Missions and Data Analysis

New Millennium

New Millennium

Subtotal, Heliophysics

Realign the costs of administrative FTE to CAS

Consolidate construction in single account

General reduction

Total, Science

Conference

174.2

31.0

66.5

19.2

3.0

54.5

248.2

34.1

137.1

40.0

37.0

143.0

118.6

24.4

69.4

0.5

68.9

1.8

1.8

636.6

-24.3

-13.7

-59.2

4,469.0

46.2

46.2

107.9

13.0

59.9

10.9

24.1

1,119.8

150.8

60.0

26.7

64.1

667.2

112.6

441.4

72.8

40.4

147.7

, 6.4

141.3

PROGRAMS, PRO~IECTS AND ACTIVITIES OF THE

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Fiscal Year 2010

(Dollars in millions)

Conference

AERONAUTICS MISSION DIRECTORATE

Aviation Safety

Airspace Systems

Fundamental Aeronautics

Aeronautics Test Program

Integrated Systems Research

Realign the costs of administrative FTE to CAS

Total, Aeronautics

EXPLORATION MISSION DIRECTORATE

Human Exploration Architecture Development

Advanced Capabilities:

Human Research Program

ISS Medical Project

Research Infusion Projects

Exploration Technology Development

ISS Research

Technology Infusion Projects

Lunar Precursor Robotic Program

Lunar Reconnaissance Orbiter

Consolidate construction in single account

Realign the costs of administrative FTE to CAS

General reduction

Total, Exploration

SPACE OPERATIONS MISSION DIRECTORATE

Space Shuttle Program

Program Integration

Flight and Ground Operations

Flight Hardware

International Space Station Program

ISS Operations

ISS Cargo Crew Services

Space and Flight Support

Space Communications and Navigation

Space Communications Networks

Space Communications Support

TORS Replenishment

Human Space Flight Operations: Space flight crew operations

Space Flight Crew Operations

Launch Services

Launch Services

Rocket Propulsion Test: Rocket propulsion testing

Rocket Propulsion Testing

Crew Health & Safety

Crew Health and Safety

Consolidate construction in single account

Realign the costs of administrative FTE to CAS

General reduction

Total. Space Operations

3.466.4

436.9

1.§.1..Q

20.3

131.2

266.3

47.0

219.3

19.1

19.1

-90.8

-33.5

-51.8

3,746.3

26.0

114.7

114.7

85.9

85.9

45.8

45.8

8.6

8.6

-27.3

-33.8

-17.7

6,146.8

3.157.1

678.1

1.035.1

1,443.9

2,317.0

1,689.0

628.0

751.5

496.5

427.1

43.4

75.0

80.0

220.0

72.0

60.0

-6.0

501.0

PROGRAMS, PROJECTS AND ACTIVITIES OF THE

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Fiscal Year 2010

(Dollars in millions)

Conference

EDUCATION

Higher Ed. STEM Education

STEM Opportunities (Higher Education)

NASA Space Grant

Experimental Program to Stimulate Competitive Research

Minority University Research & Education Program

Global Climate Change Education

K-12 STEM Education

STEM Student Opportunities (K-12)

STEM Teacher Development (K-12)

K-12 Competitive Educational Grant Program

Informal STEM Education

Science Museums and Planetarium Grants

NASA Visitor Centers

NASA Informal Education Opportunities

Realign the costs of administrative FTE to CAS

Total, Education

CROSS AGENCY SUPPORT

Center Management and Operations

Center Management and Operations

Center Institutional Capabilities

Center Programmatic Capabilities

Agency Management a(ld Operations

Agency Management

Agency Management

Safety and Mission Success

Safety and Mission Assurance

Chief Engineer

Chief Health and Medical Officer

Independent Verification and Validation

Agency IT Services

IT Management

Applications

Infrastructure

Innovative Partnerships Program

Technology Infusion

Small Business Innovative Research

Small Business Technology Transfer Research

Innovation Incubator

Future Centennial Challenges

Partnership Development

Innovative Technology

Strategic Capabilities Assets Program

Simulators

Thermal Vacuum Chambers

Arc Jets

Congressionally-directed Items

General reduction

Total, Cross Agency Support

121.2

10.0

45.6

25.0

30.6

10.0

46.5

10.5

21.0

15.0

16.1

7.0

7.0

2.1

-1.3

182.5

20.0

2.0

29.4

11.7

8.3

9.4

63.0

-24.8

3,194.0

146.7

30.0

68.4

48.3

175.2

10.0

124.1

14.1

1.0

4.0

2,206.3

2,206.3

1,730.9

475.4

949.5

404.0

404.0

194.2

48.3

102.2

3.7

40.0

PROGRAMS, PRO~IECTS AND ACTIVITIES OF THE

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Fiscal Year 2010

(Dollars in millions)

Conference

CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND REMEDIATION

Science

Exploration

Space Operations

Cross agency support:

Instutitional investments, construction of facilities

Environmental compliance and restoration

Total. Construction and environmental compliance and remediation

INSPECTOR GENERAL

TOTAL,NASA

13.7

90.8

27.3

316.5

249.3

67.2

448.3

36.4

18,724;3

SCIENCE

The conference agreement provides $4,469,000,000 for science. Funds provided herein are available for two years to conduct and support science research and development activities, including research, development, operations, support and services; maintenance; space flight, spacecraft control, and communications activities; program management; personnel and related costs; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft. Funds for construction of facilities, including repair, renovation of existing facilities, construction of new facilities, facility planning and design, and for environmental compliance and restoration are provided in a separate, new account, as proposed by the House.

Earth science, other missions and data analysis. --The conference agreement provides $201,300,000 for Earth science, other missions and data analysis.

An

I increase of $15,000,000 is provided above the request to advance further the studies of the. next two decadal survey missions, the Climate Absolute Radiance and Refractivity Observatory (CLARREO) and the Deformation, Ecosystem

Structure, and Dynamics of the Ice (DESDnyI).

The conferees are concerned about the limited progress made to date in advancing the Earth science missions identified in the recent decadal survey.

In an effort to address the need for Earth science data, the conferees encourage NASA to consider commercial solutions for providing such data and suggest that NASA contract with the National Academies' Space Studies Board to conduct a study of

. the feasibility of commercially-provided Earth science data.

Climate variables and climate science.-- Long-term measurement of selected climate variables is of critical importance for climate science. NASA should

provide leadership in demonstrating satellite-based global change measurements that can then be implemented on an operational basis by NOAA and USGS. Given the likely demise in coming years of a number of Earth observing satellites and the

NASA cancellation of the second and third copies of the EOS satellites and instruments, NASA, working with NOAA, USGS, and the other agencies of the

US Global Change Research Program, is directed to conduct asystematic review of the recommended Decadal Survey implementation architecture, with the focus being to frrst measure and understand specifically those climate forcings that have the greatest leverage for improving the Nation's climate predictive capabilities significantly over the next 10-12 years. The resulting architecture should include emphasis on NASA's responsibility to develop measurements using new technologies to demonstrate an innovative, affordable climate observing system and improvements to the predictive models resulting from the ensemble of measurements obtained. The resulting architecture must also take into account the time required for NOAA and USGS to obtain appropriations to assume operational responsibility for the measurement once their utility has been demonstrated including consideration of NASA including two copies of each instrument with· .

operational potential. A report outlining this climate-centric architecture shall be delivered to the Committees no later than May 3, 2010.

Scatterometer.--NASA

and NOAA are directed to continue joint studies leading to a NOAA request in the fiscal year 2011 budget to build and fly an operational scatterometer to provide sea surface vector wind measurements, as .

directed by the House.

Earth system science pathfinder, other mission and data analysis.-Within

the funds provided for other mission and data analysis, the conferees have provided

$25,000,000 for initial costs associated with an orbiting carbon observing (OCO) replacement. .

In addition, NASA is directed to supplement these funds with not

less than $25,000,000 from available Science mission directorate prior year balances to achieve a total program level of not less than $50,000,000 in fiscal year

2010.

Also included within the funds provided for other mission and data analysis, the conference agreement provides $6,000,000 for pre-phase A and pilot initiatives for the development of a carbon monitoring system. Any pilot developed shall

C / - - - ·/~.(.,) replicate

~ate and national carbon and biomass inventory processes that provide

/ / statistica(precision and accuracy with geospatially explicit associated attribute data

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and federal level using a common

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extraction algorhythms and correlation modeling.

Near Earth object observations.--The

recommendation includes $5,800,000 for near Earth object observations, an increase of $2,000,000 to support scientific research at the Arecibo Observatory in the fields of climate change and space weather.

GLOBE.-The

recommendation includes $3,000,000 for the GLOBE program. The conferees recognize the signific'ant investment NASA has made in

GLOBE and direct NASA to support the OSTP review of the program and to work cooperatively with NOAA and NSF on this interagency program.

Planetary science, international lunar network.-The

conference agreement· provides $15,000,000 for the intemationallunar network.

Astrophysics, servicing opportunities for science missions.-Funding

for this activity has been provided within funds appropriated under the heading "Space

Operations".

Astrophysics, exoplanet exploration, other missions and data anfllysis.-The

conference agreement includes the funds requested to enable SIM-lite to continue mission concept, technology and risk reduction efforts.

James Webb space telescope.-

The conferees provide the full budget request of $441,400,000 for the James Webb Space Telescope, NASA's next orbiting observatory scheduled to launch in 2014. The conferees are troubled by ongoing cost overruns and inaccurate phasing of reserves that have required the

Committees to approve mUltiple adjustments to Webb's funding levels. These adjustments have totaled $95,000,000 in the last six months alone, and the

Committees are aware that additional adjustments may be needed in fiscal year ..

2010. Before the Committees will consider any further adjustments, NASA shall provide to the Committees a report on the factors contributing to Webb's cost overruns and reserve phasing problems, identifying NASA's plans to address these issues and how it shall prevent such occurrences in the future.

Jupiter system mission.-The

conference agreement provides $15,500,000 to study further the Europa Jupiter system mission to address the primary risk to the mission, the energy particle radiation environment of Jupiter, as described in the

House report. Included in these funds shall be efforts to assist the science community in responding to the announcement of opportunity for the instruments.

The conferees direct NASA within 60 days of enactment to provide a projected full ' lifetime budget· outline for the Europa mission, to include anticipated contributions from foreign partners, and an alternative budget profile that would accelerate the launch to 2018.

Heliophysics, sounding rockets operations.--

With~the amounts provided for heliophysics sounding rockets operations, $5,000,000 is provided to continue advanced technology development of small satellites and unmanned aerial systems that have the potential of lowering the costs of space and Earth science nusslons.

NASA is directed to increase its participation in suborbital missions that provide hands-on experience in STEM education.

y

Solar probe plus.-

The conference agreement includes $40,000,000 for the solar probe plus mission, the highest priority of the decadal survey in heliophysics.

The conferees direct NASA to work aggressively to achieve a launch in 2015, and expect future budget requests to accommodate that launch date without jeopardizing other Science missions or programs.

Magnetospheric multiscale (MMS).-

The conference agreement provides the budget request of $118,600,000 for the :MMS project. NASA is expected to maintain the full complement of science instruments for this mission and achieve a launch in 2014.

Planetary science, technology.--Within

the funds provided for planetary science, resources are provided for test and development of thermal protection systems (TPS), such as coal-based carbon foam ablative devices, in future missions to and from Mars and Moon.

General reduction.-The

conference agreement assumes a general reduction: that may be applied to unobligated balances from prior years arid to amounts provided herein. Such reductions shall not be assessed against those activities augmented by the Congress or otherwise addressed by this statement of the managers and shall be presented in NASA's initial operating plan.

AERONAUTICS

The conference agreement provides $501,000,000.for aeronautics. Funds provided herein are available for two years to conduct and support aeronautics research and development activities, including research, development, operations, support and services; maintenance; space flight, spacecraft control, and communications activities; program management; personnel and related costs; travel expenses; purchase 'and hire of passenger motor vehicles; and purchase,

lease, charter, maintenance, and operation of mission and administrative aircraft.

Funds for construction of facilities, including repair, renovation of existing facilities, construction of new facilities, facility planning and design, and for environmental compliance and restoration are provided in a separate, new account, as proposed by the House.

Aviation safety.-Within

the funds provided for aviation safety, $15,000,000 is included within the aeronautics program to establish a university affiliated research center (UARC) to collaborate with the Dryden National Flight Center to focus on unmanned aircraft systems remote sensing research applications and educational programs.

EXPLORATION

The conference agreement provides $3,746,300,000 for exploration. Funds provided herein are available for two years to conduct and support exploration research and development activities, including research, development, operations, support and services; maintenance; space flight, spacecraft control, and communications activities; program management; personnel and related costs; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft.

Funds for construction of facilities, including repair, renovation of existing facilities, construction of new facilities, facility planning and design, and for environmental compliance and restoration are provided in a separate, new account, as proposed by the House.

U.S. human spaceflight plans.--Appointed

in June 2009 to conduct an independent review of the ongoing U.S. human spaceflight plans and programs, as well as alternatives, the Review of U.S. Human Spaceflight Plans Committee

(iiJ

reported its fmdings in an October 2009 report. Outlining five broad options for the future of NASA's human spaceflight program, the committee noted that the current U.S. human spaceflight program is on an unsustainable trajectory and that its goals are not matched by financial resources. Given the current budgetary projections, the existing program cannot meet its established timelines and content. The gap in time in which the U.S. is without a human spaceflight capability will be at least six years, and more likely seven under current budgetary projections.

The committee's work raises issues requiring thoughtful consideration by the

Administration and the Congress, before the Committees on Appropriations of the

House and Senate can recoIl1!Jlend detailed funding levels. The conferees note that the Constellation program is the program for which funds have been authorized and appropriated over the last four years, and upon which the pending budget request is based. Accordingly, it is premature for the conferees to advocate or initiate s'ignificant changes to the current program absent a bonafide proposal from the Administration and subsequent assessment, consideration and enactment by

Congress.

To protect the jurisdiction and prerogatives of the House and Senate

Committees on Appropriations and of the Congress generally while providing.

appropriate flexibility to the Administration in managing a complex research and development program, the conference agreement provides $3,466,400,000 for human exploration architecture development, the same level as the budget request.

Changes in budgetary and programmatic requirements for fiscal year 2010 from the original budget request shall be submitted only in the form of a supplemental budget request for fiscal year 2010 and not through an initial operating plan or· subsequent updates. Funds are not provided herein to initiate any new program, project or activity, not otherwise contemplated within the budget request and

approved by Congress, consistent with section 505 of this Act, unless otherwise approved by the Congress in a subsequent appropriations Act. Funds are also not provided herein to cancel, tenninate or significantly modify contracts related to the spacecraft architecture of the current program, unless such changes or modifications have been considered in subsequent appropriations Acts.

The conferees note that the previous Administration failed to request a budget adequate to implement its Vision for Space Exploration while also maintaining a balanced portfolio of science and aeronautics programs, returning the Shuttle to flight after the Columbia accident and completing the International

Space Station. Similarly, the current budget submittal for fiscal year 2010 and beyond significantly reduces planned funding for space exploration activities such that human exploration beyond low-Earth orbit is not viable under the fiscal year .

2010 budget guideline. As the committee noted, "NASA's budget should match its mission and goals" and "whatever space program is ultimately selected, it must be matched with the resources needed for its execution." It is the expressed hope of the conferees that the Administration will fonnulate its fonnal decision soon, .

submit its recommendation for congressional review and consideration, and budget the necessary resources to meet U.S. spaceflight program funding requirements identified in the Administration's recommendation and congressionally-approved program for space exploration while maintaining a balanced portfolio of science and aeronautics programs.

Within the funds provided for human exploration architecture development, not less than $100,000,000 is provided for continuing investments in heavy"'lift cargo launch capability. In addition, within the funds provided for human exploration architecture development, $39,100,000 is provided for commercial.

cargo activities (COTS A~C), the same level as the budget request.

Microgravity research.--Within

the funds provided for exploration technology development, the conference agreement provides $47,000,000 for microgravity research. Not later than 90 days after enactment of this Act, NASA shall submit to the House and Senate Committees on Appropriations the planned expenditure of the amounts provided herein for microgravity research.

Technology infusion projects.--

The conference agreement provides

$219,300,000 for technology infusion projects, within which funds are included for the development of new technologies to include filament wound aluminum metal matrix composite technology for use in cryogenic fuels systems for space vehicles~

General reduction.-The

conference agreement assumes a general reduction that may be applied to unobligated balances from prior years and to amounts provided herein. Such reductions shall not be assessed against those activities augmented by the Congress and shall be presented in the initial operating plan.

, SPACE OPERAnONS

,

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The conference agreement provides

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The conference agreement designates not more than $3,157,100,000 for Space

Shuttle operations, production, research, development and support; not more than

$2,317,000,000 for International Space Station operations, production, research, development and support; and not more than $751,500,000 for Space and Flight

Support operations, production, research, development and support. Funds provided herein are available for two years to conduct and support space operations research and development activities, including research, development, operations, support and services; maintenance; space flight, spacecraft control, and ' communications activities; program management; personnel and related costs; travel expenses; purchase and hire of passenger inotor vehicles; and purchase,

lease, charter, maintenance, and operation of mission and administrative aircraft.

Funds for construction of facilities, including repair, renovation of existing facilities, construction of new facilities, facility planning and design, and for environmental compliance and restoration are provided in a separate, new account, as proposed by the House.

Space Shuule.--The summary report of the Review ofD.S. Human Space

.

Flight Plans Committee noted that the projected flight rate of the Space Shuttle prior to its projected retirement is nearly twice that of the actual flight rate since return to flight after the Columbia accident, stating, "Recognizing that undue schedule and budget pressure can subtly impose a negative influence on safety, the

Committee fmds a more realistic schedule is prudent. With the remaining flights likely to stretch into the second quarter of 2011, the Committee considers it important to budget for Shuttle operations through that time." Accordingly, the

Administration is urged to provide adequate funding for the remaining Shuttle flights in its fiscal year 2011 budget request without reducing other important and ongoing NASA activities.

International Space Station (ISS) operations.-Within"the amounts provided for ISS operations, $50,000,000 is provided to continue efforts in the use of next generation of human space flight architecture to service existing and future observatory-elass scientific spacecraft as identified in the conference report accompanying division B of Public Law 111-8. The activities to be undertaken shall be a joint project of the space operations, science and exploration mission directorates, and shall include technology demonstrations for both robotic and human servicing capabilities.

S

Tracking and data relay satellite system.--NASA is directed to report to the r

C~~tt~on Appropria~ions

of the House and Senate not later than March 15,

2010, on options for accommodating increased mission load to the tracking and

data relay satellite system, to include an examination of the feasibility of using offthe-shelf technologies.

The conference agreement does not provide for a competitive grant program for launch infrastructure construction and upgrades at spaceports, as the Senate had proposed.

General reduction.-The

conference agreement assumes a general reduction that may be applied to unobligated balances from prior years and to amounts provided herein. Such reductions shall not be assessed against those activities augmented by the Congress or otherwise addressed by this statement of the managers and shall be presented in NASA's initial operating plan.

EDUCATION

The conference agreement provides $182,500,000 for education.

Education activities.-NASA

is directed to include in its annual budget justifications the amount within each mission directorate for the past, current and budget year planned for education activities, and the specific purposes for which the funds are requested.

National Space Grant College and Fellowship ro ram.--For

this program, the eonferenc· rovides $45,600,000 to fund 42 states or jurisdictions at $900,000 each and 10 states or jurisdictions at $700,000 each.

Classroom ofthe Future.-The

conference agreement provides $1,000,000 for the Classroom of the Future, as requested.

Educational activities at NASA centers.-The

conference agreement provides $7,000,000 for NASA visitor centers for the development of educational activities to be distributed in equal $700,000 increments to each center's visitor center for the development of educational activities. The conferees encourage

NASA to make its visitor centers or their proxies available to all students and children up to grade 12 or age 18 on a no-fee basis as such experiences should be integral components of a broad-based STEM education. NASA is further directed to review its educational portfolio to determine how such visitor centers can be better incorporated into NASA's efforts to inspire and educate students at all levels to pursue careers in the fields of science, technology, engineering and mathematics. The fmdings of such a review and recommendations to improve student visitor experience and accessibility shall be submitted to the House and

Senate Committees on Appropriations not later than 90 days after enactment of the

Act. NASA is directed to avoid implementation of any change to admission costs to any NASA visitor center for children up to grade 12 or age 18.

Earth Knowledge Acquired by Middle School Students (EarthKAM)

program.-Funds are provided within informal education to ensure that NASA increases its support for this program.

CROSS AGENCY SUPPORT

The conference agreement includes $3,194,000,000 for cross agency support. Funds provided herein are available for two years for the conduct and support of science, aeronautics, exploration, space operations and education.

research and development activities, including research, development, operations, support and services; maintenance; space flight, spacecraft control, and .

communications activities; program management; personnel and related costs; tr~vel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft.

Funds for construction of,facilities , including repair, renovation of existing facilities, construction of new facilities, facility planning and design, and for

environmental compliance and restoration are provided in a separate, new account, as proposed by the House.

The conference agreement designates within amounts appropriated

$2,206,300,000 for center management and operations; $40,000,000 for independent verification and validation activities; and $63,000,000 for congressionally-designated projects which are incorporated by reference.

Provisions proposed by the House relating to enhanced use lease receipts have been incorporated, with modifications, under the "Construction and environmental compliance and remediation" appropriation.

. The conference agreement provides the budget request for

a~i~~f ~

_ ...

i S )(

NASA's Chief Engineer to increase direct technical support to high spects of

NASA's missions in order to improve mission success, cost containment and schedule performance across all mission directorates.

NASA is directed to include in its fiscal year 2011 budget request an accounting of civil service salary and expense requirements contained in each program, as directed by the Senate report.

Not later than 60 days after enactment of this Act, NASA is directed to provide a report to the House and Senate Committees on Appropriations detailing' the number of term positions to be funded under the Act, as well as a comparative summary of NASA's use of term positions since 1990. '

Small business innovative research (SBIR) and small business technology

transfer research (STTR).-While the conference agreement identifies amounts for these activities at the levels requested by the Administration, the conferees note that funding for government-wide SBIR and STIR programs are set by statute at

2.5 percent and 0.3 percent of the agency's extramural research and development program, which has yet to be, determined.

Cybersecurity.-The conferees are concerned about recent cyber attacks against NASA and therefore direct NASA to partner with the National Security

Agency to assure that NASA networks are secure and that its software verification process includes a rigorous cyber examination process.

General reduction.-The conference agreement assumes a general reduction that may be applied to unobligated balances from prior years and to amounts provided herein. Such reductions shall not be assessed against those activities augmented by the Congress or otherwise addressed by this statement of the managers and shall be presented in NASA's initial operating plan. .

Congressionally-designated projects.-Within the appropriation for Cross y agency support

~, the conference agreement provides for the following congressionally-directed activities:

CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND REMEDIATION

The conference agreement includes an appropriation of $448,300,000 for construction and environmental compliance and remediation. Appropriations are available for five years and shall be available for construction of facilities, including repair, rehabilitation, revitalization, and modification of facilities, construction of new facilities and additions to new facilities, facility planning and design, and restoration, and acquisition or condemnation of real property, as authorized by law, and environmental compliance and restoration. Funds for construction-related labor costs and travel are included within the amounts provided in the Cross Agency Support appropriation. Within this appropriation,

National Aeronautics and Space Administration

Cross Agency Support

Congressionally-designated Items

($ in thousands)

Recipient

Alabama A&M University Research Institute,

Normal, Al

Project

High Temperature Materials Research and

Development for Crew Exploration Vehicle (CEV) and Crew launch Vehicle (ClV) Initiatives

Amount

500

500

300

Austin Peay State University, Clarksville, TN

Aviation Maintenance Technology Center,

Roswell, NM

Bay Area Houston Economic Partnership,

Houston, TX

Baylor College ofMedicine, Houston, TX

Baylor University, Waco, TX

Burlington Community and Economic

Development Office, Burlington, VT

CORE Philly, Philadelphia, PA

Dillard University, New Orleans, LA

Solar Energy laser Physics Program

Flight Research Training Center

Bay Area Houston SATOP

Center for Space Medicine

Advanced Composite Materials Research

Burlington Aviation Technology Center

CORE Philly Scholarship Program

The Dillard University Eighth Grade Initiative

Drew University, Madison, NJ Drew University Environmental Science Initiative

East Stroudsburg University, East Stroudsburg,

PA

Educational Advancement Alliance (EAA),

Philadelphia, PA

Embry Riddle Aeronautical University Prescott

Campus, Prescott, AZ

FOTO, los Angeles, CA

Foundation for Community Empowerment, Inc.,

Dallas, TX

Fulton-Montgomery Community College,

Johnstown, NY

Imiloa Astronomy Center, Hilo, HI

Johnson Space Center, Houston, TX lehigh University, Bethlehem, PA loma linda University Medical Center, lama linda,CA

Marshall Space Flight Center, Huntsville, Al

Marine Science Consortium Student-Faculty

Research Collaborative with NASA Goddard

Wallops Flight Facility

Math Science and Technology (MST) Program

NASA Educator Resource Center

Science Education Programming

Dallas Achieves -- Transforming Public Education in Dallas, Texas, Through Math, Science and

Technology Initiatives

Center for Engineering and Technology - Phase

Two

Imiloa Astronomy Center '

Constellation Program Data Storage Equipment and Systems

Nanomaterials Research

Space Radiation Health Research Program

Advanced Algorithm, Integration, and

Maturation

1,000

450

1,000

200

200

500

300

2,500

250

250

2,800

1,000

1,000

750

400

1,500

1,000

300

National Aeronautics and Space Administration

Cross Agency Support

Congressionally-designated Items

($ in thousands)

Recipient

Marshall Space Flight Center, Huntsville, AL

Project

Development of Characterization Techniques for

Advanced High Temperature Materials in Space

Launch Applications

Amount

1,000

Marshall Space Flight Center, Huntsville, AL

Marshall Space Flight Center, Huntsville, AL

Marshall Space Flight Center, Huntsville, AL

Increasing K-16 Genetics and Biotechnology

Education

Product Lifecycle Management and Advanced

Modeling and Simulation Methods

Radically Segmented Launch Vehicle (RSlV)

LOX/Methane Technology Maturation Program

1,000

1,000

1,000

1,000

1,000

3,000

Marshall Space Flight Center, Huntsville, AL

Marshall Space Flight Center, Huntsville, AL

Morgan State University, University of Maryland

Eastern Shore, and Bowie State University,

. Baltimore, Princess Anne and Bowie, MD

Robotic Lander Multi-Propellant Diagnostic Test

Bed

Space Nuclear Power Systems Research &

Development

Chesapeake Information Based Aeronautics

Consortium (CIBAC) .

MTSU, Murfreesboro, TN

National Institute for Aviation Research, Wichita,

KS

National Youth Science Foundation, Charleston,

WV

New Mexico State University, Las Cruces, NM

Northern Kentucky University Foundation,

Highland Heights, KY

Rocky Mountain College, Billings, MT

ScienceSouth, Florence, SC

Aviation Safety and Human Factors Research

Using Emerging Technologies

National Center for Advanced Materials

Performance

Youth Science Discovery Experience and science center curriculum

Science, Engineering, Math, and Aerospace

Academy

Sky Dome: Strengthening Science Achievement in Grades 4 until 12 through Immersive

Technology

Bair Science Center

Innovative Science Learning Center

Sci-Port: Louisiana's Science Center, Shreveport,

LA

Southeast Missouri State University, Cape

Girardeau, MO

Sci-Port: Renewing Science Education in the

South

Missouri NASA Math, Science and Technology

Education Enhancement Program

125

500

300

500

700

600

400

200

200

Space Dynamics Laboratory, Logan, UT

Space Florida, Kennedy Space Center, FL

Technical Support of Satelite Sensor Calibration for the Global Climate Observing System

Launch Complexes 36 and 46

400

1,100

Teach for America, New York, NY

Technological Research And Development

Authority, Melbourne, FL

Tennessee Tech, Cookeville, TN

National Aeronautics and Space Administration

Cross Agency Support

Congressionally-designated Items

($ in thousands)

Project Recipient

Space Florida, Kennedy Space Center, FL

St. Louis Community College, St. Louis, MO

Thermal Vacuum Chamber

St. Louis Community College BioBench and

Training Facility

Teach for America STEM Activities

Space Alliance Technology Outreach Program

Texas A&M University, College Station, TX

Texas Tech University, Lubbock, TX

Thurgood Marshall College Fund, New York, NY

Center for Teaching & Learning in Science,

Technology, Engineering and Math (STEM)

Advanced robotics for Lunar and Martian

Exploration

Engineering support for extended human and robotic space flight missions - Texas Tech

University

The Minority Science Initiative

Towson University, Towson, MD The Baltimore Excellence in Science Teaching

(BEST) Partnership

Virtual Environment Simulation Laboratory University of Alabama in Huntsville, Huntsville,

AL

,University of Alabama, Tuscaloosa, AL

University of Alabama, Tuscaloosa, AL

University of Louisville, Louisville, KY

University of Mississippi, Oxford, MS

Diagnostic Sensing for Predictive Maintenance of

Aerospace Vehicles

Miniature Antennas for Unmanned Aerial

Vehicles

University of Louisville' for diagnosing and mitigating human exposure to radiation

National Center for Remote Sensing, Air, and

Space law

Supporting Surgical Options in Space . University of Nebraska Medical Center, Omaha,

NE

University of Nevada at Las Vegas, Las Vegas, NV

University of New Orleans, New Orleans, LA

University of North Dakota, Grand Forks, ND

Gravity Insensitive Solid-Gas Sorption Climate

Control System

UNO, National Center for Advance

Manufacturing

Upper Midwest Aerospace Consortium

Amount

400

600

3,000

100

400

750

1,000

University of Northern Iowa, Cedar Falls, IA

University of South Alabama, Mobile, Al

University of Southern Mississippi, Hattiesburg,

MS

National Institute for Early Math and Science

Education

Center for Advanced Materials Engineering

National Formulation Science Laboratory

Equipment Request

2,700

750

250

3,000

700

500

1,000

100

1,000

500

500

350

2,000

2,400

National Aeronautics and Space Administration

Cross Agency Support

Congressionally-designated Items

($ in thousands)

Recipient

University of Southern Mississippi, Hattiesburg,

MS

Project

Technology Industry Partnership for transitioning space technologies into the commercial sector

Amount

1,000

University ofToledo, Toledo, OH

University of Vermont, Burlington, VT

Universtiy of Mississippi, University, MS

West Virginia University, Morgantown, WV

Wheeling Jesuit University, Wheeling, WV

Wheeling Jesuit University, Wheeling, WV

Wheelock College, Boston, MA

Xavier University, New Orleans, LA

Advanced Photovoltaics Array Testing

Complex Systems and Advanced Computing

Center

Innovative STEM Eduation

Aviation Safety Research and Design

Great Science Online

HEALTHeWV

Math and Science Learning Community

STEM Summer Program

500

500

200

1,500

300

5,000

800

400

the conference agreement designates the following amounts for each of the mission directorates, as shown below:

Science

Exploration

Space Operations

Cross agency support

Institutional investments, construction of facilities

Environmental compliance and restoration

.

.

.

.

..

.

$13,700,000

90,800,000

27,300,000

316,500,000

(249,300,000)

(67,200,000)

NASA is directed to provide to the House and Senate Committees on

Appropriations NASA form 1509 for each CoF project submitted in the annual budget request or an initial operating plan and for each CoF project subject to a reprogramming notification. In addition, NASA is directed within 90 days of enactment of this Act to provide to the House and Senate Committees on

Appropriations a comprehensive five-year plan detailing in priority order and by center projected facilities infrastructure improvements and construction needs across the NASA complex. The plan shall include current and projected mission assignments by center and how such proposed improvements meet each center's mission objectives.

Leasing authorities and collections. --The conference agreement includes provisions relating to enhanced use leases (EULs): a provision that requires,

.

.

hereafter, the deposit of all EUL proceeds into the construction account, provides for five-year availability, and subjects all EUL receipts to annual appropriations

Acts prior to their availability; a provision that limits to $6,226,000 the expenditure of EUL receipts to the level planned by NASA in its official submission; and a provision that requires each annual budget request to include an annual estimate of

gross EUL receipts and proposed uses of such receipts. Similar provisions were proposed by the House under the "Cross Agency Support" appropriation.

NASA is directed to continue its moratorium on any new enhanced use leases until it promulgates and disseminates to the centers and the Committees on

Appropriations of the House and Senate its final desk guidance on the administration and execution of the EUL program.

In .

directed to submit a separate operating plan by center on the proposed use of all receipts and collections in fiscal year 2010 prior to the expenditure of such funds, and any deviation from such approved plan shall be subject to section 505 of this

Act. Lastly, NASA shall submit with its annual budget submission a separate accounting by center of gross receipts and collections and proposed use of all funds collected under its leasing authority. Such material shall include a detailed presentation of all proposed expenditures, to include but not limited to full-time equivalent (FfE) staff years and object class data, minor renovation projects proposed to be undertaken with requested amounts for each project, and justification for such proposed expenditures by project or activity.

OFFICE OF INSPECTOR GENERAL

The conference agreement provides $36,400,000 for the Office of Inspector

General, which shall be available for one year.

ADMINISTRATIVE PROVISIONS

The conference agreement contains language regarding the availability of funds for announced prizes.

The conference agreement contains language providing for the transfer of certain amounts between appropriations accounts.

The conference agreement contains language prohibiting any reduction in force or other involuntary separations in fiscal year 2010.

The conference agreement contains language regarding transfers of unexpired balances.

The conference agreement does not include language proposed by the Senate.

which provided that funding designations and minimum funding requirements contained in any other Act shall not be applicable to funds provided in this Act for

NASA.

The conference agreement does not include administrative provisions proposed by the Senate regarding the period of availability of funds allocated for construction and environmental compliance activities within appropriations made for the various mission directorates. The conference agreement provides for a new, separate.appropriation for construction and environmental remediation, eliminating the need for the administrative provisions.proposed by the Senate.

NATIONAL SCIENCE FOUNDATION

The conference agreement includes $6,926,510,000 for the National Science

Foundation (NSF), consistent with the on-going effort to double the agency's budget over a ten-year period.

The conferees are concerned with continuity in the level of support for research and development at the National Science Foundation an'd reite~::,_~_~ 5~ I)!~

,

4f, concerns expressed by the House that the request for fiscal year 201 Wepresent at

1

~;;;-

.. least afpercent increase for NSF over the conference agreement level for fiscal

.

year 2010 in order to sustain the planned doubling of the Foundation's budget.

.

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