[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6063 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                    September 25 (legislative day, September 17), 2008.
    Resolved, That the bill from the House of Representatives (H.R. 
6063) entitled ``An Act to authorize the programs of the National 
Aeronautics and Space Administration, and for other purposes.'', do 
pass with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``National 
Aeronautics and Space Administration Authorization Act of 2008''.
    (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. Definitions.

     TITLE I--AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2009

Sec. 101. Fiscal year 2009.

                        TITLE II--EARTH SCIENCE

Sec. 201. Goal.
Sec. 202. Governance of United States Earth Observations activities.
Sec. 203. Decadal survey missions.
Sec. 204. Transitioning experimental research into operational 
                            services.
Sec. 205. Landsat thermal infrared data continuity.
Sec. 206. Reauthorization of Glory Mission.
Sec. 207. Plan for disposition of Deep Space Climate Observatory.
Sec. 208. Tornadoes and other severe storms.

                         TITLE III--AERONAUTICS

Sec. 301. Sense of Congress.
Sec. 302. Environmentally friendly aircraft research and development 
                            initiative.
Sec. 303. Research alignment.
Sec. 304. Research program to determine perceived impact of sonic 
                            booms.
Sec. 305. External review of NASA's aviation safety-related research 
                            programs.
Sec. 306. Aviation weather research plan.
Sec. 307. Funding for research and development activities in support of 
                            other mission directorates.
Sec. 308. Enhancement of grant program on establishment of university-
                            based centers for research on aviation 
                            training.

                    TITLE IV--EXPLORATION INITIATIVE

Sec. 401. Sense of Congress.
Sec. 402. Reaffirmation of exploration policy.
Sec. 403. Stepping stone approach to exploration.
Sec. 404. Lunar outpost.
Sec. 405. Exploration technology development.
Sec. 406. Exploration risk mitigation plan.
Sec. 407. Exploration crew rescue.
Sec. 408. Participatory exploration.
Sec. 409. Science and exploration.
Sec. 410. Congressional Budget Office report update.

                         TITLE V--SPACE SCIENCE

Sec. 501. Technology development.
Sec. 502. Provision for future servicing of observatory-class 
                            scientific spacecraft.
Sec. 503. Mars exploration.
Sec. 504. Importance of a balanced science program.
Sec. 505. Suborbital research activities.
Sec. 506. Restoration of radioisotope thermoelectric generator material 
                            production.
Sec. 507. Assessment of impediments to interagency cooperation on space 
                            and Earth science missions.
Sec. 508. Assessment of cost growth.
Sec. 509. Outer planets exploration.

                       TITLE VI--SPACE OPERATIONS

                Subtitle A--International Space Station

Sec. 601. Plan to support operation and utilization of the ISS beyond 
                            fiscal year 2015.
Sec. 602. International Space Station National Laboratory Advisory 
                            Committee.
Sec. 603. Contingency plan for cargo resupply.
Sec. 604. Sense of Congress on use of Space Life Sciences Laboratory at 
                            Kennedy Space Center.

                       Subtitle B--Space Shuttle

Sec. 611. Space Shuttle flight requirements.
Sec. 612. United States commercial cargo capability status.
Sec. 613. Space Shuttle transition.
Sec. 614. Aerospace skills retention and investment reutilization 
                            report.
Sec. 615. Temporary continuation of coverage of health benefits.
Sec. 616. Accounting report.

                      Subtitle C--Launch Services

Sec. 621. Launch services strategy.

                          TITLE VII--EDUCATION

Sec. 701. Response to review.
Sec. 702. External review of explorer schools program.
Sec. 703. Sense of Congress on EarthKAM and robotics competitions.
Sec. 704. Enhancement of educational role of NASA.

                     TITLE VIII--NEAR-EARTH OBJECTS

Sec. 801. Reaffirmation of policy.
Sec. 802. Findings.
Sec. 803. Requests for information.
Sec. 804. Establishment of policy with respect to threats posed by 
                            near-earth objects.
Sec. 805. Planetary radar capability.
Sec. 806. Arecibo observatory.
Sec. 807. International resources.

                    TITLE IX--COMMERCIAL INITIATIVES

Sec. 901. Sense of Congress.
Sec. 902. Commercial crew initiative.

       TITLE X--REVITALIZATION OF NASA INSTITUTIONAL CAPABILITIES

Sec. 1001. Review of information security controls.
Sec. 1002. Maintenance and upgrade of Center facilities.
Sec. 1003. Assessment of NASA laboratory capabilities.
Sec. 1004. Study and report on project assignment and work allocation 
                            of field centers.

                       TITLE XI--OTHER PROVISIONS

Sec. 1101. Space weather.
Sec. 1102. Initiation of discussions on development of framework for 
                            space traffic management.
Sec. 1103. Astronaut health care.
Sec. 1104. National Academies decadal surveys.
Sec. 1105. Innovation prizes.
Sec. 1106. Commercial space launch range study.
Sec. 1107. NASA outreach program.
Sec. 1108. Reduction-in-force moratorium.
Sec. 1109. Protection of scientific credibility, integrity, and 
                            communication within NASA.
Sec. 1110. Sense of Congress regarding the need for a robust workforce.
Sec. 1111. Methane inventory.
Sec. 1112. Exception to alternative fuel procurement requirement.
Sec. 1113. Sense of Congress on the importance of the NASA Office of 
                            Program Analysis and Evaluation.
Sec. 1114. Sense of Congress on elevating the importance of space and 
                            aeronautics within the Executive Office of 
                            the President.
Sec. 1115. Study on leasing practices of field centers.
Sec. 1116. Cooperative unmanned aerial vehicle activities.
Sec. 1117. Development of enhanced-use lease policy.
Sec. 1118. Sense of Congress with respect to the Michoud Assembly 
                            Facility and NASA's other centers and 
                            facilities.
Sec. 1119. Report on U.S. industrial base for launch vehicle engines.
Sec. 1120. Sense of Congress on precursor International Space Station 
                            research.
Sec. 1121. Limitation on funding for conferences.
Sec. 1122. Report on NASA efficiency and performance.

SEC. 2. FINDINGS.

    The Congress finds, on this, the 50th anniversary of the 
establishment of the National Aeronautics and Space Administration, the 
following:
            (1) NASA is and should remain a multimission agency with a 
        balanced and robust set of core missions in science, 
        aeronautics, and human space flight and exploration.
            (2) Investment in NASA's programs will promote innovation 
        through research and development, and will improve the 
        competitiveness of the United States.
            (3) Investment in NASA's programs, like investments in 
        other Federal science and technology activities, is an 
        investment in our future.
            (4) Properly structured, NASA's activities can contribute 
        to an improved quality of life, economic vitality, United 
        States leadership in peaceful cooperation with other nations on 
        challenging undertakings in science and technology, national 
        security, and the advancement of knowledge.
            (5) NASA should assume a leadership role in a cooperative 
        international Earth observations and research effort to address 
        key research issues associated with climate change and its 
        impacts on the Earth system.
            (6) NASA should undertake a program of aeronautical 
        research, development, and where appropriate demonstration 
        activities with the overarching goals of--
                    (A) ensuring that the Nation's future air 
                transportation system can handle up to 3 times the 
                current travel demand and incorporate new vehicle types 
                with no degradation in safety or adverse environmental 
                impact on local communities;
                    (B) protecting the environment;
                    (C) promoting the security of the Nation; and
                    (D) retaining the leadership of the United States 
                in global aviation.
            (7) Human and robotic exploration of the solar system will 
        be a significant long-term undertaking of humanity in the 21st 
        century and beyond, and it is in the national interest that the 
        United States should assume a leadership role in a cooperative 
        international exploration initiative.
            (8) Developing United States human space flight 
        capabilities to allow independent American access to the 
        International Space Station, and to explore beyond low Earth 
        orbit, is a strategically important national imperative, and 
        all prudent steps should thus be taken to bring the Orion Crew 
        Exploration Vehicle and Ares I Crew Launch Vehicle to full 
        operational capability as soon as possible and to ensure the 
        effective development of a United States heavy lift launch 
        capability for missions beyond low Earth orbit.
            (9) NASA's scientific research activities have contributed 
        much to the advancement of knowledge, provided societal 
        benefits, and helped train the next generation of scientists 
        and engineers, and those activities should continue to be an 
        important priority.
            (10) NASA should make a sustained commitment to a robust 
        long-term technology development activity. Such investments 
        represent the critically important ``seed corn'' on which 
        NASA's ability to carry out challenging and productive missions 
        in the future will depend.
            (11) NASA, through its pursuit of challenging and relevant 
        activities, can provide an important stimulus to the next 
        generation to pursue careers in science, technology, 
        engineering, and mathematics.
            (12) Commercial activities have substantially contributed 
        to the strength of both the United States space program and the 
        national economy, and the development of a healthy and robust 
        United States commercial space sector should continue to be 
        encouraged.
            (13) It is in the national interest for the United States 
        to have an export control policy that protects the national 
        security while also enabling the United States aerospace 
        industry to compete effectively in the global market place and 
        the United States to undertake cooperative programs in science 
        and human space flight in an effective and efficient manner.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of NASA.
            (2) NASA.--The term ``NASA'' means the National Aeronautics 
        and Space Administration.
            (3) NOAA.--The term ``NOAA'' means the National Oceanic and 
        Atmospheric Administration.
            (4) OSTP.--The term ``OSTP'' means the Office of Science 
        and Technology Policy.

     TITLE I--AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2009

SEC. 101. FISCAL YEAR 2009.

    There are authorized to be appropriated to NASA for fiscal year 
2009 $20,210,000,000, as follows:
            (1) For Science, $4,932,200,000, of which--
                    (A) $1,518,000,000 shall be for Earth Science, 
                including $29,200,000 for suborbital activities and 
                $2,500,000 for carrying out section 313 of the National 
                Aeronautics and Space Administration Authorization Act 
                of 2005 (Public Law 109-155);
                    (B) $1,483,000,000 shall be for Planetary Science, 
                including $486,500,000 for the Mars Exploration 
                program, $2,000,000 to continue planetary radar 
                operations at the Arecibo Observatory in support of the 
                Near-Earth Object program, and $5,000,000 for 
                radioisotope material production, to remain available 
                until expended;
                    (C) $1,290,400,000 shall be for Astrophysics, 
                including $27,300,000 for suborbital activities;
                    (D) $640,800,000 shall be for Heliophysics, 
                including $50,000,000 for suborbital activities; and
                    (E) $75,000,000 shall be for Intra-Science Mission 
                Directorate Technology Development, to be taken on a 
                proportional basis from the funding subtotals under 
                subparagraphs (A), (B), (C), and (D).
            (2) For Aeronautics, $853,400,000, of which $406,900,000 
        shall be for system-level research, development, and 
        demonstration activities related to--
                    (A) aviation safety;
                    (B) environmental impact mitigation, including 
                noise, energy efficiency, and emissions;
                    (C) support of the Next Generation Air 
                Transportation System initiative; and
                    (D) investigation of new vehicle concepts and 
                flight regimes.
            (3) For Exploration, $4,886,000,000, of which--
                    (A) $3,886,000,000 shall be for baseline 
                exploration activities, of which $100,000,000 shall be 
                for the activities under sections 902(a)(4) and 902(d), 
                such funds to remain available until expended; no less 
                than $1,101,400,000 shall be for the Orion Crew 
                Exploration Vehicle; no less than $1,018,500,000 shall 
                be for Ares I Crew Launch Vehicle; and $737,800,000 
                shall be for Advanced Capabilities, including 
                $106,300,000 for the Lunar Precursor Robotic Program 
                (of which $30,000,000 shall be for the lunar lander 
                mission), $276,500,000 shall be for International Space 
                Station-related research and development activities, 
                and $355,000,000 shall be for research and development 
                activities not related to the International Space 
                Station; and
                    (B) $1,000,000,000 shall be available to be used to 
                accelerate the initial operating capability of the 
                Orion Crew Exploration Vehicle and the Ares I Crew 
                Launch Vehicle, to remain available until expended.
            (4) For Education, $128,300,000, of which $14,200,000 shall 
        be for the Experimental Program to Stimulate Competitive 
        Research and $32,000,000 shall be for the Space Grant program.
            (5) For Space Operations, $6,074,700,000, of which--
                    (A) $150,000,000 shall be for an additional Space 
                Shuttle flight to deliver the Alpha Magnetic 
                Spectrometer to the International Space Station;
                    (B) $100,000,000 shall be to augment funding for 
                research utilization of the International Space Station 
                National Laboratory, to remain available until 
                expended; and
                    (C) $50,000,000 shall be to augment funding for 
                Space Operations Mission Directorate reserves and 
                Shuttle Transition and Retirement activities.
            (6) For Cross-Agency Support Programs, $3,299,900,000, of 
        which $4,000,000 shall be for the program established under 
        section 1107(a), to remain available until expended.
            (7) For Inspector General, $35,500,000.

                        TITLE II--EARTH SCIENCE

SEC. 201. GOAL.

    The goal for NASA's Earth Science program shall be to pursue a 
program of Earth observations, research, and applications activities to 
better understand the Earth, how it supports life, and how human 
activities affect its ability to do so in the future. In pursuit of 
this goal, NASA's Earth Science program shall ensure that securing 
practical benefits for society will be an important measure of its 
success in addition to securing new knowledge about the Earth system 
and climate change. In further pursuit of this goal, NASA shall, 
together with NOAA and other relevant agencies, provide United States 
leadership in developing and carrying out a cooperative international 
Earth observations-based research program.

SEC. 202. GOVERNANCE OF UNITED STATES EARTH OBSERVATIONS ACTIVITIES.

    (a) Study.--The Director of OSTP shall consult with NASA, NOAA, and 
other relevant agencies with an interest in Earth observations and 
enter into an arrangement with the National Academies for a study to 
determine the most appropriate governance structure for United States 
Earth Observations programs in order to meet evolving United States 
Earth information needs and facilitate United States participation in 
global Earth Observations initiatives.
    (b) Report.--The Director shall transmit the study to the Committee 
on Science and Technology of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the Senate not 
later than 18 months after the date of enactment of this Act, and shall 
provide OSTP's plan for implementing the study's recommendations not 
later than 24 months after the date of enactment of this Act.

SEC. 203. DECADAL SURVEY MISSIONS.

    (a) In General.--The missions recommended in the National 
Academies' decadal survey ``Earth Science and Applications from Space'' 
provide the basis for a compelling and relevant program of research and 
applications, and the Administrator should work to establish an 
international cooperative effort to pursue those missions.
    (b) Plan.--The Administrator shall consult with all agencies 
referenced in the survey as responsible for spacecraft missions and 
prepare a plan for submission to Congress not later than 270 days after 
the date of enactment of this Act that shall describe how NASA intends 
to implement the missions recommended for NASA to conduct as described 
in subsection (a), whether by means of dedicated NASA missions, multi-
agency missions, international cooperative missions, data sharing, or 
commercial data buys, or by means of long-term technology development 
to determine whether specific missions would be executable at a 
reasonable cost and within a reasonable schedule.

SEC. 204. TRANSITIONING EXPERIMENTAL RESEARCH INTO OPERATIONAL 
              SERVICES.

    (a) Sense of Congress.--It is the sense of the Congress that 
experimental NASA sensors and missions that have the potential to 
benefit society if transitioned into operational monitoring systems be 
transitioned into operational status whenever possible.
    (b) Interagency Process.--The Director of OSTP, in consultation 
with the Administrator, the Administrator of NOAA, and other relevant 
stakeholders, shall develop a process to transition, when appropriate, 
NASA Earth science and space weather missions or sensors into 
operational status. The process shall include coordination of annual 
agency budget requests as required to execute the transitions.
    (c) Responsible Agency Official.--The Administrator and the 
Administrator of NOAA shall each designate an agency official who shall 
have the responsibility for and authority to lead NASA's and NOAA's 
transition activities and interagency coordination.
    (d) Plan.--For each mission or sensor that is determined to be 
appropriate for transition under subsection (b), NASA and NOAA shall 
transmit to Congress a joint plan for conducting the transition. The 
plan shall include the strategy, milestones, and budget required to 
execute the transition. The transition plan shall be transmitted to 
Congress not later than 60 days after the successful completion of the 
mission or sensor critical design review.

SEC. 205. LANDSAT THERMAL INFRARED DATA CONTINUITY.

    (a) Plan.--In view of the importance of Landsat thermal infrared 
data for both scientific research and water management applications, 
the Administrator shall prepare a plan for ensuring the continuity of 
Landsat thermal infrared data or its equivalent, including allocation 
of costs and responsibility for the collection and distribution of the 
data, and a budget plan. As part of the plan, the Administrator shall 
provide an option for developing a thermal infrared sensor at minimum 
cost to be flown on the Landsat Data Continuity Mission with minimum 
delay to the schedule of the Landsat Data Continuity Mission.
    (b) Deadline.--The plan shall be provided to Congress not later 
than 60 days after the date of enactment of this Act.

SEC. 206. REAUTHORIZATION OF GLORY MISSION.

    (a) Reauthorization.--Congress reauthorizes NASA to continue with 
development of the Glory Mission, which will examine how aerosols and 
solar energy affect the Earth's climate.
    (b) Baseline Report.--Pursuant to the National Aeronautics and 
Space Administration Authorization Act of 2005 (Public Law 109-155), 
not later than 90 days after the date of enactment of this Act, the 
Administrator shall transmit a new baseline report consistent with 
section 103(b)(2) of such Act. The report shall include an analysis of 
the factors contributing to cost growth and the steps taken to address 
them.

SEC. 207. PLAN FOR DISPOSITION OF DEEP SPACE CLIMATE OBSERVATORY.

    (a) Plan.--NASA shall develop a plan for the Deep Space Climate 
Observatory (DSCOVR), including such options as using the parts of the 
spacecraft in the development and assembly of other science missions, 
transferring the spacecraft to another agency, reconfiguring the 
spacecraft for another Earth science mission, establishing a public-
private partnership for the mission, and entering into an international 
cooperative partnership to use the spacecraft for its primary or other 
purposes. The plan shall include an estimate of budgetary resources and 
schedules required to implement each of the options.
    (b) Consultation.--NASA shall consult, as necessary, with NOAA and 
other Federal agencies, industry, academic institutions, and 
international space agencies in developing the plan.
    (c) Report.--The Administrator shall transmit the plan required 
under subsection (a) to the Committee on Science and Technology of the 
House of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate not later than 180 days after the date of 
enactment of this Act.

SEC. 208. TORNADOES AND OTHER SEVERE STORMS.

    The Administrator shall ensure that NASA gives high priority to 
those parts of its existing cooperative activities with NOAA that are 
related to the study of tornadoes and other severe storms, tornado-
force winds, and other factors determined to influence the development 
of tornadoes and other severe storms, with the goal of improving the 
Nation's ability to predict tornados and other severe storms. Further, 
the Administrator shall examine whether there are additional 
cooperative activities with NOAA that should be undertaken in the area 
of tornado and severe storm research.

                         TITLE III--AERONAUTICS

SEC. 301. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) aeronautics research continues to be an important core 
        element of NASA's mission and should be supported;
            (2) NASA aeronautics research should be guided by and 
        consistent with the national policy to guide aeronautics 
        research and development programs of the United States 
        developed in accordance with section 101(c) of the National 
        Aeronautics and Space Administration Authorization Act of 2005 
        (42 U.S.C. 16611); and
            (3) technologies developed by NASA as described in 
        paragraph (2) would help to secure the leadership role of the 
        United States in global aviation and greatly enhance 
        competitiveness of the United States in aeronautics in the 
        future.

SEC. 302. ENVIRONMENTALLY FRIENDLY AIRCRAFT RESEARCH AND DEVELOPMENT 
              INITIATIVE.

    The Administrator shall establish an initiative involving NASA, 
universities, industry, and other research organizations as 
appropriate, of research, development, and demonstration, in a relevant 
environment, of technologies to enable the following commercial 
aircraft performance characteristics:
            (1) Noise levels on takeoff and on airport approach and 
        landing that do not exceed ambient noise levels in the absence 
        of flight operations in the vicinity of airports from which 
        such commercial aircraft would normally operate, without 
        increasing energy consumption or nitrogen oxide emissions 
        compared to aircraft in commercial service as of the date of 
        enactment of this Act.
            (2) Significant reductions in greenhouse gas emissions 
        compared to aircraft in commercial services as of the date of 
        enactment of this Act.

SEC. 303. RESEARCH ALIGNMENT.

    In addition to pursuing the research and development initiative 
described in section 302, the Administrator shall, to the maximum 
extent practicable within available funding, align the fundamental 
aeronautics research program to address high priority technology 
challenges of the National Academies' Decadal Survey of Civil 
Aeronautics, and shall work to increase the degree of involvement of 
external organizations, and especially of universities, in the 
fundamental aeronautics research program.

SEC. 304. RESEARCH PROGRAM TO DETERMINE PERCEIVED IMPACT OF SONIC 
              BOOMS.

    (a) In General.--The ability to fly commercial aircraft over land 
at supersonic speeds without adverse impacts on the environment or on 
local communities would open new markets and enable new transportation 
capabilities. In order to have the basis for establishing appropriate 
sonic boom standards for such flight operations, a research program is 
needed to assess the impact in a relevant environment of commercial 
supersonic flight operations.
    (b) Establishment.--The Administrator shall establish a cooperative 
research program with industry, including the conduct of flight 
demonstrations in a relevant environment, to collect data on the 
perceived impact of sonic booms. The data could enable the promulgation 
of appropriate standards for overland commercial supersonic flight 
operations.
    (c) Coordination.--The Administrator shall ensure that sonic boom 
research is coordinated as appropriate with the Administrator of the 
Federal Aviation Administration, and as appropriate make use of the 
expertise of the Partnership for Air Transportation Noise and Emissions 
Reduction Center of Excellence sponsored by NASA and the Federal 
Aviation Administration.

SEC. 305. EXTERNAL REVIEW OF NASA'S AVIATION SAFETY-RELATED RESEARCH 
              PROGRAMS.

    (a) Review.--The Administrator shall enter into an arrangement with 
the National Research Council for an independent review of NASA's 
aviation safety-related research programs. The review shall assess 
whether--
            (1) the programs have well-defined, prioritized, and 
        appropriate research objectives;
            (2) the programs are properly coordinated with the safety 
        research programs of the Federal Aviation Administration and 
        other relevant Federal agencies;
            (3) the programs have allocated appropriate resources to 
        each of the research objectives; and
            (4) suitable mechanisms exist for transitioning the 
        research results from the programs into operational 
        technologies and procedures and certification activities in a 
        timely manner.
    (b) Report.--Not later than 18 months after the date of enactment 
of this Act, the Administrator shall submit to the Committee on Science 
and Technology of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a report on the 
results of the review required in subsection (a).

SEC. 306. AVIATION WEATHER RESEARCH PLAN.

    The Administrator and the Administrator of NOAA shall develop a 
collaborative research plan on convective weather events. The goal of 
the research is to significantly improve the reliability of 2-hour to 
6-hour aviation weather forecasts. Within 270 days after the date of 
enactment of this Act, the Administrator and the Administrator of NOAA 
shall submit this plan to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Science and 
Technology of the House of Representatives.

SEC. 307. FUNDING FOR RESEARCH AND DEVELOPMENT ACTIVITIES IN SUPPORT OF 
              OTHER MISSION DIRECTORATES.

    Research and development activities performed by the Aeronautics 
Research Mission Directorate with the primary objective of assisting in 
the development of a flight project in another Mission Directorate 
shall be funded by the Mission Directorate seeking assistance.

SEC. 308. ENHANCEMENT OF GRANT PROGRAM ON ESTABLISHMENT OF UNIVERSITY-
              BASED CENTERS FOR RESEARCH ON AVIATION TRAINING.

    Section 427(a) of the National Aeronautics and Space Administration 
Authorization Act of 2005 (Public Law 109-155) is amended by striking 
``may'' and inserting ``shall''.

                    TITLE IV--EXPLORATION INITIATIVE

SEC. 401. SENSE OF CONGRESS.

    It is the sense of Congress that the President of the United States 
should invite America's friends and allies to participate in a long-
term international initiative under the leadership of the United States 
to expand human and robotic presence into the solar system, including 
the exploration and utilization of the Moon, near Earth asteroids, 
Lagrangian points, and eventually Mars and its moons, among other 
exploration and utilization goals. When appropriate, the United States 
should lead confidence building measures that advance the long-term 
initiative for international cooperation.

SEC. 402. REAFFIRMATION OF EXPLORATION POLICY.

    Congress hereby affirms its support for--
            (1) the broad goals of the space exploration policy of the 
        United States, including the eventual return to and exploration 
        of the Moon and other destinations in the solar system and the 
        important national imperative of independent access to space;
            (2) the development of technologies and operational 
        approaches that will enable a sustainable long-term program of 
        human and robotic exploration of the solar system;
            (3) activity related to Mars exploration, particularly for 
        the development and testing of technologies and mission 
        concepts needed for eventual consideration of optional mission 
        architectures, pursuant to future authority to proceed with the 
        consideration and implementation of such architectures; and
            (4) international participation and cooperation, as well as 
        commercial involvement in space exploration activities.

SEC. 403. STEPPING STONE APPROACH TO EXPLORATION.

    In order to maximize the cost-effectiveness of the long-term 
exploration and utilization activities of the United States, the 
Administrator shall take all necessary steps, including engaging 
international partners, to ensure that activities in its lunar 
exploration program shall be designed and implemented in a manner that 
gives strong consideration to how those activities might also help meet 
the requirements of future exploration and utilization activities 
beyond the Moon. The timetable of the lunar phase of the long-term 
international exploration initiative shall be determined by the 
availability of funding. However, once an exploration-related project 
enters its development phase, the Administrator shall seek, to the 
maximum extent practicable, to complete that project without undue 
delays.

SEC. 404. LUNAR OUTPOST.

    (a) Establishment.--As NASA works toward the establishment of a 
lunar outpost, NASA shall make no plans that would require a lunar 
outpost to be occupied to maintain its viability. Any such outpost 
shall be operable as a human-tended facility capable of remote or 
autonomous operation for extended periods.
    (b) Designation.--The United States portion of the first human-
tended outpost established on the surface of the Moon shall be 
designated the ``Neil A. Armstrong Lunar Outpost''.
    (c) Sense of Congress.--It is the sense of Congress that NASA 
should make use of commercial services to the maximum extent 
practicable in support of its lunar outpost activities.

SEC. 405. EXPLORATION TECHNOLOGY DEVELOPMENT.

    (a) In General.--A robust program of long-term exploration-related 
technology research and development will be essential for the success 
and sustainability of any enduring initiative of human and robotic 
exploration of the solar system.
    (b) Establishment.--The Administrator shall carry out a program of 
long-term exploration-related technology research and development, 
including such things as in-space propulsion, power systems, life 
support, and advanced avionics, that is not tied to specific flight 
projects. The program shall have the funding goal of ensuring that the 
technology research and development can be completed in a timely manner 
in order to support the safe, successful, and sustainable exploration 
of the solar system. In addition, in order to ensure that the broadest 
range of innovative concepts and technologies are captured, the long-
term technology program shall have the goal of having a significant 
portion of its funding available for external grants and contracts with 
universities, research institutions, and industry.

SEC. 406. EXPLORATION RISK MITIGATION PLAN.

    (a) Plan.--The Administrator shall prepare a plan that identifies 
and prioritizes the human and technical risks that will need to be 
addressed in carrying out human exploration beyond low Earth orbit and 
the research and development activities required to address those 
risks. The plan shall address the role of the International Space 
Station in exploration risk mitigation and include a detailed 
description of the specific steps being taken to utilize the 
International Space Station for that purpose.
    (b) Report.--The Administrator shall transmit to the Committee on 
Science and Technology of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the Senate the 
plan described in subsection (a) not later than one year after the date 
of enactment of this Act.

SEC. 407. EXPLORATION CREW RESCUE.

    In order to maximize the ability to rescue astronauts whose space 
vehicles have become disabled, the Administrator shall enter into 
discussions with the appropriate representatives of spacefaring nations 
who have or plan to have crew transportation systems capable of orbital 
flight or flight beyond low Earth orbit for the purpose of agreeing on 
a common docking system standard.

SEC. 408. PARTICIPATORY EXPLORATION.

    (a) In General.--The Administrator shall develop a technology plan 
to enable dissemination of information to the public to allow the 
public to experience missions to the Moon, Mars, or other bodies within 
our solar system by leveraging advanced exploration technologies. The 
plan shall identify opportunities to leverage technologies in NASA's 
Constellation systems that deliver a rich, multi-media experience to 
the public, and that facilitate participation by the public, the 
private sector, nongovernmental organizations, and international 
partners. Technologies for collecting high-definition video, 3-
dimensional images, and scientific data, along with the means to 
rapidly deliver this content through extended high bandwidth 
communications networks, shall be considered as part of this plan. It 
shall include a review of high bandwidth radio and laser 
communications, high-definition video, stereo imagery, 3-dimensional 
scene cameras, and Internet routers in space, from orbit, and on the 
lunar surface. The plan shall also consider secondary cargo capability 
for technology validation and science mission opportunities. In 
addition, the plan shall identify opportunities to develop and 
demonstrate these technologies on the International Space Station and 
robotic missions to the Moon, Mars, and other solar system bodies. As 
part of the technology plan, the Administrator shall examine the 
feasibility of having NASA enter into contracts and other agreements 
with appropriate public, private sector, and international partners to 
broadcast electronically, including via the Internet, images and 
multimedia records delivered from its missions in space to the public, 
and shall identify issues associated with such contracts and other 
agreements. In any such contracts and other agreements, NASA shall 
adhere to a transparent bidding process to award such contracts and 
other agreements, pursuant to United States law. As part of this plan, 
the Administrator shall include estimates of associated costs.
    (b) Report.--Not later than 270 days after the date of enactment of 
this Act, the Administrator shall submit the plan to the Committee on 
Science and Technology of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the Senate.

SEC. 409. SCIENCE AND EXPLORATION.

    It is the sense of Congress that NASA's scientific and human 
exploration activities are synergistic; science enables exploration and 
human exploration enables science. The Congress encourages the 
Administrator to coordinate, where practical, NASA's science and 
exploration activities with the goal of maximizing the success of human 
exploration initiatives and furthering our understanding of the 
Universe that we explore.

SEC. 410. CONGRESSIONAL BUDGET OFFICE REPORT UPDATE.

    Not later than 6 months after the date of enactment of this Act, 
the Congressional Budget Office shall update its report from 2004 on 
the budgetary analysis of NASA's Vision for the Nation's Space 
Exploration Program, including new estimates for Project Constellation, 
NASA's new generation of spacecraft designed for human space flight 
that will replace the Space Shuttle program.

                         TITLE V--SPACE SCIENCE

SEC. 501. TECHNOLOGY DEVELOPMENT.

    The Administrator shall establish an intra-Directorate long-term 
technology development program for space and Earth science within the 
Science Mission Directorate for the development of new technology. The 
program shall be independent of the flight projects under development. 
NASA shall have a goal of funding the intra-Directorate technology 
development program at a level of 5 percent of the total Science 
Mission Directorate annual budget. The program shall be structured to 
include competitively awarded grants and contracts.

SEC. 502. PROVISION FOR FUTURE SERVICING OF OBSERVATORY-CLASS 
              SCIENTIFIC SPACECRAFT.

    The Administrator shall take all necessary steps to ensure that 
provision is made in the design and construction of all future 
observatory-class scientific spacecraft intended to be deployed in 
Earth orbit or at a Lagrangian point in space for robotic or human 
servicing and repair to the extent practicable and appropriate.

SEC. 503. MARS EXPLORATION.

    Congress reaffirms its support for a systematic, integrated program 
of exploration of the Martian surface to examine the planet whose 
surface is most like Earth's, to search for evidence of past or present 
life, and to examine Mars for future habitability and as a long-term 
goal for future human exploration. To the extent affordable and 
practical, the program should pursue the goal of launches at every Mars 
launch opportunity, leading to an eventual robotic sample return.

SEC. 504. IMPORTANCE OF A BALANCED SCIENCE PROGRAM.

    It is the sense of Congress that a balanced and adequately funded 
set of activities, consisting of NASA's research and analysis grants 
programs, technology development, small-, medium-, and large-sized 
space science missions, and suborbital research activities, contributes 
to a robust and productive science program and serves as a catalyst for 
innovation.

SEC. 505. SUBORBITAL RESEARCH ACTIVITIES.

    (a) Sense of Congress.--It is the sense of Congress that suborbital 
flight activities, including the use of sounding rockets, aircraft, and 
high-altitude balloons, and suborbital reusable launch vehicles, offer 
valuable opportunities to advance science, train the next generation of 
scientists and engineers, and provide opportunities for participants in 
the programs to acquire skills in systems engineering and systems 
integration that are critical to maintaining the Nation's leadership in 
space programs. The Congress believes that it is in the national 
interest to expand the size of NASA's suborbital research program. It 
is further the sense of Congress that funding for suborbital research 
activities should be considered part of the contribution of NASA to 
United States competitive and educational enhancement and should 
represent increased funding as contemplated in section 2001 of the 
America COMPETES Act (42 U.S.C. 16611(a)).
    (b) Review of Suborbital Mission Capabilities.--
            (1) In general.--Not later than 120 days after the date of 
        enactment of this Act, the Administrator shall enter into an 
        arrangement with the National Academies to conduct a review of 
        the suborbital mission capabilities of NASA.
            (2) Matters reviewed.--The review required by paragraph (1) 
        shall include a review of the following:
                    (A) Existing programs that make use of suborbital 
                flights.
                    (B) The status, capability, and availability of 
                suborbital platforms, and the infrastructure and 
                workforce necessary to support them.
                    (C) Existing or planned launch facilities for 
                suborbital missions.
                    (D) Opportunities for scientific research, 
                training, and educational collaboration in the conduct 
                of suborbital missions by NASA, especially as they 
                relate to the findings and recommendations of the 
                National Academies decadal surveys and report on 
                ``Building a Better NASA Workforce: Meeting the 
                Workforce Needs for the National Vision for Space 
                Exploration''.
            (3) Report.--
                    (A) In general.--Not later than 15 months after the 
                date of enactment of this Act, the Administrator shall 
                submit to the Committee on Science and Technology of 
                the House of Representatives and the Committee on 
                Commerce, Science, and Transportation of the Senate a 
                report on the review required by this subsection.
                    (B) Contents.--The report required by this 
                paragraph shall include a summary of the review; the 
                findings of the Administrator with respect to such 
                review; recommendations regarding the growth of 
                suborbital launch programs conducted by NASA; and the 
                steps necessary to ensure such programs are conducted 
                using domestic launch facilities to the maximum extent 
                practicable, including any rationale and justification 
                for using non-domestic facilities for such missions.

SEC. 506. RESTORATION OF RADIOISOTOPE THERMOELECTRIC GENERATOR MATERIAL 
              PRODUCTION.

    (a) Plan.--The Director of OSTP shall develop a plan for restarting 
and sustaining the domestic production of radioisotope thermoelectric 
generator material for deep space and other space science missions.
    (b) Report.--The plan developed under subsection (a) shall be 
transmitted to Congress not later than 270 days after the date of 
enactment of this Act.

SEC. 507. ASSESSMENT OF IMPEDIMENTS TO INTERAGENCY COOPERATION ON SPACE 
              AND EARTH SCIENCE MISSIONS.

    (a) Assessments.--The Administrator, in consultation with other 
agencies with space science programs, shall enter into an arrangement 
with the National Academies to assess impediments, including cost 
growth, to the successful conduct of interagency cooperation on space 
science missions, to provide lessons learned and best practices, and to 
recommend steps to help facilitate successful interagency 
collaborations on space science missions. As part of the same 
arrangement with the National Academies, the Administrator, in 
consultation with NOAA and other agencies with civil Earth observation 
systems, shall have the National Academies assess impediments, 
including cost growth, to the successful conduct of interagency 
cooperation on Earth science missions, to provide lessons learned and 
best practices, and to recommend steps to help facilitate successful 
interagency collaborations on Earth science missions.
    (b) Report.--The report of the assessments carried out under 
subsection (a) shall be transmitted to the Committee on Science and 
Technology of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate not later than 15 
months after the date of enactment of this Act.

SEC. 508. ASSESSMENT OF COST GROWTH.

    (a) Study.--The Administrator shall enter into an arrangement for 
an independent external assessment to identify the primary causes of 
cost growth in the large-, medium-, and small-sized space and Earth 
science spacecraft mission classes, and make recommendations as to what 
changes, if any, should be made to contain costs and ensure frequent 
mission opportunities in NASA's science spacecraft mission programs.
    (b) Report.--The report of the assessment conducted under 
subsection (a) shall be submitted to Congress not later than 15 months 
after the date of enactment of this Act.

SEC. 509. OUTER PLANETS EXPLORATION.

    It is the sense of Congress that the outer solar system planets and 
their satellites can offer important knowledge about the formation and 
evolution of the solar system, the nature and diversity of these solar 
system bodies, and the potential for conditions conducive to life 
beyond Earth. NASA should move forward with plans for an Outer Planets 
flagship mission to the Europa-Jupiter system or the Titan-Saturn 
system as soon as practicable within a balanced Planetary Science 
program.

                       TITLE VI--SPACE OPERATIONS

                Subtitle A--International Space Station

SEC. 601. PLAN TO SUPPORT OPERATION AND UTILIZATION OF THE ISS BEYOND 
              FISCAL YEAR 2015.

    (a) In General.--The Administrator shall take all necessary steps 
to ensure that the International Space Station remains a viable and 
productive facility capable of potential United States utilization 
through at least 2020 and shall take no steps that would preclude its 
continued operation and utilization by the United States after 2015.
    (b) Plan To Support Operations and Utilization of the International 
Space Station Beyond Fiscal Year 2015.--
            (1) In general.--Not later than 9 months after the date of 
        enactment of this Act, the Administrator shall submit to the 
        Committee on Science and Technology of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate a plan to support the operations 
        and utilization of the International Space Station beyond 
        fiscal year 2015 for a period of not less than 5 years. The 
        plan shall be an update and expansion of the operation plan of 
        the International Space Station National Laboratory submitted 
        to Congress in May 2007 under section 507 of the National 
        Aeronautics and Space Administration Authorization Act of 2005 
        (42 U.S.C. 16767).
            (2) Content.--
                    (A) Requirements to support operation and 
                utilization of the iss beyond fiscal year 2015.--As 
                part of the plan required in paragraph (1), the 
                Administrator shall provide each of the following:
                            (i) A list of critical hardware necessary 
                        to support International Space Station 
                        operations through the year 2020.
                            (ii) Specific known or anticipated 
                        maintenance actions that would need to be 
                        performed to support International Space 
                        Station operations and research through the 
                        year 2020.
                            (iii) Annual upmass and downmass 
                        requirements, including potential vehicles that 
                        will deliver such upmass and downmass, to 
                        support the International Space Station after 
                        the retirement of the Space Shuttle Orbiter and 
                        through the year 2020.
                    (B) ISS national laboratory research management 
                plan.--As part of the plan required in paragraph (1), 
                the Administrator shall develop a Research Management 
                Plan for the International Space Station. Such Plan 
                shall include a process for selecting and prioritizing 
                research activities (including fundamental, applied, 
                commercial, and other research) for flight on the 
                International Space Station. Such Plan shall be used to 
                prioritize resources such as crew time, racks and 
                equipment, and United States access to international 
                research facilities and equipment. Such Plan shall also 
                identify the organization to be responsible for 
                managing United States research on the International 
                Space Station, including a description of the 
                relationship of the management institution with NASA 
                (e.g., internal NASA office, contract, cooperative 
                agreement, or grant), the estimated length of time for 
                the arrangement, and the budget required to support the 
                management institution. Such Plan shall be developed in 
                consultation with other Federal agencies, academia, 
                industry, and other relevant stakeholders. The 
                Administrator may request the support of the National 
                Academy of Sciences or other appropriate independent 
                entity, including an external consultant, in developing 
                the Plan.
                    (C) Establishment of process for access to national 
                laboratory.--As part of the plan required in paragraph 
                (1), the Administrator shall--
                            (i) establish a process by which to support 
                        International Space Station National Laboratory 
                        users in identifying their requirements for 
                        transportation of research supplies to and from 
                        the International Space Station, and for 
                        communicating those requirements to NASA and 
                        International Space Station transportation 
                        services providers; and
                            (ii) develop an estimate of the 
                        transportation requirements needed to support 
                        users of the International Space Station 
                        National Laboratory and develop a plan for 
                        satisfying those requirements by dedicating a 
                        portion of volume on NASA supply missions to 
                        the International Space Station.
                    (D) Assessment of equipment to support research.--
                As part of the plan required in paragraph (1), the 
                Administrator shall--
                            (i) provide a list of critical hardware 
                        that is anticipated to be necessary to support 
                        nonexploration-related and exploration-related 
                        research through the year 2020;
                            (ii) identify existing research equipment 
                        and racks and support equipment that are 
                        manifested for flight; and
                            (iii) provide a detailed description of the 
                        status of research equipment and facilities 
                        that were completed or in development prior to 
                        being cancelled, and provide the budget and 
                        milestones for completing and preparing the 
                        equipment for flight on the International Space 
                        Station.
                    (E) Budget plan.--As part of the plan required in 
                paragraph (1), the Administrator shall provide a budget 
                plan that reflects the anticipated use of such 
                activities and the projected amounts to be required for 
                fiscal years 2010 through 2020 to accomplish the 
                objectives of the activities described in subparagraphs 
                (A) through (D).

SEC. 602. INTERNATIONAL SPACE STATION NATIONAL LABORATORY ADVISORY 
              COMMITTEE.

    (a) Establishment.--Not later than 1 year after the date of 
enactment of this Act, the Administrator shall establish under the 
Federal Advisory Committee Act a committee to be known as the 
``International Space Station National Laboratory Advisory Committee'' 
(hereafter in this section referred to as the ``Committee'').
    (b) Membership.--
            (1) Composition.--The Committee shall be composed of 
        individuals representing organizations who have formal 
        agreements with NASA to utilize the United States portion of 
        the International Space Station, including allocations within 
        partner elements.
            (2) Chair.--The Administrator shall appoint a chair from 
        among the members of the Committee, who shall serve for a 2-
        year term.
    (c) Duties of the Committee.--
            (1) In general.--The Committee shall monitor, assess, and 
        make recommendations regarding effective utilization of the 
        International Space Station as a national laboratory and 
        platform for research.
            (2) Annual report.--The Committee shall submit to the 
        Administrator, on an annual basis or more frequently as 
        considered necessary by a majority of the members of the 
        Committee, a report containing the assessments and 
        recommendations required by paragraph (1).
    (d) Duration.--The Committee shall exist for the life of the 
International Space Station.

SEC. 603. CONTINGENCY PLAN FOR CARGO RESUPPLY.

    (a) In General.--The International Space Station represents a 
significant investment of national resources, and it is a facility that 
embodies a cooperative international approach to the exploration and 
utilization of space. As such, it is important that its continued 
viability and productivity be ensured, to the maximum extent possible, 
after the Space Shuttle is retired.
    (b) Contingency Plan.--The Administrator shall develop a 
contingency plan and arrangements, including use of International Space 
Station international partner cargo resupply capabilities, to ensure 
the continued viability and productivity of the International Space 
Station in the event that United States commercial cargo resupply 
services are not available during any extended period after the date 
that the Space Shuttle is retired. The plan shall be delivered to the 
Committee on Science and Technology of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate 
not later than one year after the date of enactment of this Act.

SEC. 604. SENSE OF CONGRESS ON USE OF SPACE LIFE SCIENCES LABORATORY AT 
              KENNEDY SPACE CENTER.

    It is the sense of Congress that the Space Life Sciences Laboratory 
at Kennedy Space Center represents a key investment and asset in the 
International Space Station National Laboratory capability. The 
laboratory is specifically designed to provide pre-flight, in-flight, 
and post-flight support services for International Space Station end-
users, and should be utilized in this manner when appropriate.

                       Subtitle B--Space Shuttle

SEC. 611. SPACE SHUTTLE FLIGHT REQUIREMENTS.

    (a) Report on U.S. Human Spaceflight Capabilities.--Section 501(c) 
of the National Aeronautics and Space Administration Authorization Act 
of 2005 (42 U.S.C. 16761(c)) is amended by striking the matter before 
paragraph (1) and inserting the following: ``Not later than 90 days 
after the date of enactment of the National Aeronautics and Space 
Administration Authorization Act of 2008, the Administrator shall 
submit to the Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on Science and Technology of the House of 
Representatives a report on the lack of a United States human space 
flight system to replace the Space Shuttle upon its planned retirement, 
currently scheduled for 2010, and the ability of the United States to 
uphold the policy described in subsection (a), including a description 
of--''.
    (b) Baseline Manifest.--In addition to the Space Shuttle flights 
listed as part of the baseline flight manifest as of January 1, 2008, 
the Utilization flights ULF-4 and ULF-5 shall be considered part of the 
Space Shuttle baseline flight manifest and shall be flown prior to the 
retirement of the Space Shuttle, currently scheduled for 2010.
    (c) Additional Flight To Deliver the Alpha Magnetic Spectrometer 
and Other Scientific Equipment and Payloads to the International Space 
Station.--
            (1) In general.--In addition to the flying of the baseline 
        manifest as described in subsection (b), the Administrator 
        shall take all necessary steps to fly one additional Space 
        Shuttle flight to deliver the Alpha Magnetic Spectrometer and 
        other scientific equipment and payloads to the International 
        Space Station prior to the retirement of the Space Shuttle. The 
        purpose of the mission required to be planned under this 
        subsection shall be to ensure the active use of the United 
        States portion of the International Space Station as a National 
        Laboratory by the delivery of the Alpha Magnetic Spectrometer, 
        and to the extent practicable, the delivery of flight-ready 
        research experiments prepared under the Memoranda of 
        Understanding between NASA and other entities to facilitate the 
        utilization of the International Space Station National 
        Laboratory, as well as other fundamental and applied life 
        sciences and other microgravity research experiments to the 
        International Space Station as soon as the assembly of the 
        International Space Station is completed.
            (2) Flight schedule.--If the Administrator, within 12 
        months before the scheduled date of the additional Space 
        Shuttle flight authorized by paragraph (1), determines that--
                    (A) NASA will be unable to meet that launch date 
                before the end of calendar year 2010, unless the 
                President decides to extend Shuttle operations beyond 
                2010, or
                    (B) implementation of the additional flight 
                requirement would, in and of itself, result in--
                            (i) significant increased costs to NASA 
                        over the cost estimate of the additional flight 
                        as determined by the Independent Program 
                        Assessment Office, or
                            (ii) unacceptable safety risks associated 
                        with making the flight before termination of 
                        the Space Shuttle program,
        the Administrator shall notify the Senate Committee on 
        Commerce, Science, and Transportation and the House of 
        Representatives Committee on Science and Technology of the 
        determination, and provide a detailed explanation of the basis 
        for that determination. After the notification is provided to 
        the Committees, the Administrator shall remove the flight from 
        the Space Shuttle schedule unless the Congress by law 
        reauthorizes the flight or the President certifies that it is 
        in the national interest to fly the mission.
    (d) Termination or Suspension of Activities That Would Preclude 
Continued Flight of Space Shuttle Prior To Review by the Incoming 2009 
Presidential Administration.--
            (1) In general.--The Administrator shall terminate or 
        suspend any activity of the Agency that, if continued between 
        the date of enactment of this Act and April 30, 2009, would 
        preclude the continued safe and effective flight of the Space 
        Shuttle after fiscal year 2010 if the first President 
        inaugurated on January 20, 2009, were to make a determination 
        to delay the Space Shuttle's scheduled retirement.
            (2) Report on impact of compliance.--Within 90 days after 
        the date of enactment of this Act, the Administrator shall 
        provide a report to the Congress describing the expected 
        budgetary and programmatic impacts from compliance with 
        paragraph (1). The report shall include--
                    (A) a summary of the actions taken to ensure the 
                option to continue space shuttle flights beyond the end 
                of fiscal year 2010 is not precluded before April 30, 
                2009;
                    (B) an estimate of additional costs incurred by 
                each specific action identified in the summary provided 
                under subparagraph (A);
                    (C) a description of the proposed plan for 
                allocating those costs among anticipated fiscal year 
                2009 appropriations or existing budget authority;
                    (D) a description of any programmatic impacts 
                within the Space Operations Mission Directorate that 
                would result from reallocations of funds to meet the 
                requirements of paragraph (1);
                    (E) a description of any additional authority 
                needed to enable compliance with the requirements of 
                paragraph (1); and
                    (F) a description of any potential disruption to 
                the timely progress of development milestones in the 
                preparation of infrastructure or work-force 
                requirements for shuttle follow-on launch systems.
    (e) Report on Impacts of Space Shuttle Extension.--Within 120 days 
after the date of enactment of this Act, the Administrator shall 
provide a report to the Congress outlining options, impacts, and 
associated costs of ensuring the safe and effective operation of the 
Space Shuttle at the minimum rate necessary to support International 
Space Station operations and resupply, including for both a near-term, 
1-to-2 year extension of Space Shuttle operations and for a longer 
term, 3-to-6 year extension. The report shall include an assessment 
of--
            (1) annual fixed and marginal costs, including 
        identification and cost impacts of options for cost-sharing 
        with the Constellation program and including the impact of 
        those cost-sharing options on the Constellation program;
            (2) the safety of continuing the use of the Space Shuttle 
        beyond 2010, including a probability risk assessment of a 
        catastrophic accident before completion of the extended Space 
        Shuttle flight program, the underlying assumptions used in 
        calculating that probability, and comparing the associated 
        safety risks with those of other existing and planned human-
        rated launch systems, including the Soyuz and Constellation 
        vehicles;
            (3) a description of the activities and an estimate of the 
        associated costs that would be needed to maintain or improve 
        Space Shuttle safety throughout the periods described in the 
        first sentence of this subsection were the President 
        inaugurated on January 20, 2009, to extend Space Shuttle 
        operations beyond 2010, the correctly anticipated date of Space 
        Shuttle retirement;
            (4) the impacts on facilities, workforce, and resources for 
        the Constellation program and on the cost and schedule of that 
        program;
            (5) assumptions regarding workforce, skill mix, launch and 
        processing infrastructure, training, ground support, orbiter 
        maintenance and vehicle utilization, and other relevant 
        factors, as appropriate, used in deriving the cost and schedule 
        estimates for the options studied;
            (6) the extent to which program management, processes, and 
        workforce and contractor assignments can be integrated and 
        streamlined for maximum efficiency to support continued shuttle 
        flights while transitioning to the Constellation program, 
        including identification of associated cost impacts on both the 
        Space Shuttle and the Constellation program;
            (7) the impact of a Space Shuttle flight program extention 
        on the United States' dependence on Russia for International 
        Space Station crew rescue services; and
            (8) the potential for enhancements of International Space 
        Station research, logistics, and maintenance capabilities 
        resulting from extended Shuttle flight operations and the costs 
        associated with implementing any such enhancements.

SEC. 612. UNITED STATES COMMERCIAL CARGO CAPABILITY STATUS.

    The Administrator shall determine the degree to which an increase 
in the amounts authorized to be appropriated under section 101(3) for 
the Commercial Orbital Transportation Services project to be used by 
Phase One team members of such project in fiscal year 2009 would 
reasonably be expected to accelerate development of Capabilities A, B, 
and C of such project to an effective operations capability as close to 
2010 as possible.

SEC. 613. SPACE SHUTTLE TRANSITION.

    (a) Disposition of Shuttle-Related Assets.--
            (1) In general.--Not later than 90 days after the date of 
        enactment of this Act, the Administrator shall submit to 
        Congress a plan describing the process for the disposition of 
        the remaining Space Shuttle Orbiters and other Space Shuttle 
        program-related hardware after the retirement of the Space 
        Shuttle fleet.
            (2) Plan requirements.--The plan submitted under paragraph 
        (1) shall include a description of a process by which 
        educational institutions, science museums, and other 
        appropriate organizations may acquire, through loan or disposal 
        by the Federal Government, Space Shuttle program hardware.
            (3) Prohibition on disposition before completion of plan.--
        The Administrator shall not dispose of any Space Shuttle 
        program hardware before the plan required by paragraph (1) is 
        submitted to Congress.
    (b) Space Shuttle Transition Liaison Office.--
            (1) Establishment.--The Administrator shall develop a plan 
        and establish a Space Shuttle Transition Liaison Office within 
        the Office of Human Capital Management of NASA to assist local 
        communities affected by the termination of the Space Shuttle 
        program in mitigating the negative impacts on such communities 
        caused by such termination. The plan shall define the size of 
        the affected local community that would receive assistance 
        described in paragraph (2).
            (2) Manner of assistance.--In providing assistance under 
        paragraph (1), the office established under such paragraph 
        shall--
                    (A) offer nonfinancial, technical assistance to 
                communities described in such paragraph to assist in 
                the mitigation described in such paragraph; and
                    (B) serve as a clearinghouse to assist such 
                communities in identifying services available from 
                other Federal, State, and local agencies to assist in 
                such mitigation.
            (3) Termination of office.--The office established under 
        paragraph (1) shall terminate 2 years after the completion of 
        the last Space Shuttle flight.
            (4) Submission.--Not later than 180 days after the date of 
        enactment of this Act, NASA shall provide a copy of the plan 
        required by paragraph (1) to the Congress.

SEC. 614. AEROSPACE SKILLS RETENTION AND INVESTMENT REUTILIZATION 
              REPORT.

    (a) In General.--The Administrator shall, in consultation with 
other Federal agencies, as appropriate--
            (1) carry out an analysis of the facilities and human 
        capital resources that will become available as a result of the 
        retirement of the Space Shuttle program; and
            (2) identify on-going or future Federal programs and 
        projects that could use such facilities and resources.
    (b) Report.--Not later than 180 days after the date of enactment of 
this Act, the Administrator shall submit to the Committee on Science 
and Technology of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a report--
            (1) on the analysis required by paragraph (1) of subsection 
        (a), including the findings of the Administrator with respect 
        to such analysis; and
            (2) describing the programs and projects identified under 
        paragraph (2) of such subsection.

SEC. 615. TEMPORARY CONTINUATION OF COVERAGE OF HEALTH BENEFITS.

    (a) In General.--Section 8905a(d) of title 5, United States Code, 
is amended by adding at the end the following new paragraph:
            ``(6)(A) If the basis for continued coverage under this 
        section is, as a result of the termination of the Space Shuttle 
        Program, an involuntary separation from a position due to a 
        reduction-in-force or declination of a directed reassignment or 
        transfer of function, or a voluntary separation from a surplus 
        position in the National Aeronautics and Space Administration--
                    ``(i) the individual shall be liable for not more 
                than the employee contributions referred to in 
                paragraph (1)(A)(i); and
                    ``(ii) the National Aeronautics and Space 
                Administration shall pay the remaining portion of the 
                amount required under paragraph (1)(A).
            ``(B) This paragraph shall only apply with respect to 
        individuals whose continued coverage is based on a separation 
        occurring on or after the date of enactment of this paragraph 
        and before December 31, 2010.
            ``(C) For purposes of this paragraph, `surplus position' 
        means a position which is--
                    ``(i) identified in pre-reduction-in-force planning 
                as no longer required, and which is expected to be 
                eliminated under formal reduction-in-force procedures 
                as a result of the termination of the Space Shuttle 
                Program; or
                    ``(ii) encumbered by an employee who has received 
                official certification from the National Aeronautics 
                and Space Administration consistent with the 
                Administration's career transition assistance program 
                regulations that the position is being abolished as a 
                result of the termination of the Space Shuttle 
                Program.''.
    (b) Conforming Amendment.--Paragraph (1)(A) of such subsection (d) 
is amended by striking ``(4) and (5)'' and inserting ``(4), (5), and 
(6)''.

SEC. 616. ACCOUNTING REPORT.

    Within 180 days after the date of enactment of this Act, the 
Administrator shall provide to the Committee on Science and Technology 
of the House of Representatives and the Committee on Commerce, Science, 
and Transportation of the Senate a report that will summarize any 
actions taken or planned to be taken during fiscal years 2008 and 2009 
to begin reductions in expenditures and activities related to the Space 
Shuttle program. The report shall include a summary of any actual or 
anticipated cost savings to the Space Shuttle program relative to the 
FY 2008 and FY 2009 Space Shuttle program budgets and runout 
projections as a result of such actions, as well as a summary of any 
actual or anticipated liens or budgetary challenges to the Space 
Shuttle program during fiscal years 2008 and 2009.

                      Subtitle C--Launch Services

SEC. 621. LAUNCH SERVICES STRATEGY.

    (a) In General.--In preparation for the award of contracts to 
follow up on the current NASA Launch Services (NLS) contracts, the 
Administrator shall develop a strategy for providing domestic 
commercial launch services in support of NASA's small and medium-sized 
Science, Space Operations, and Exploration missions, consistent with 
current law and policy.
    (b) Report.--The Administrator shall transmit a report to the 
Committee on Science and Technology of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate 
describing the strategy developed under subsection (a) not later than 
90 days after the date of enactment of this Act. The report shall 
provide, at a minimum--
            (1) the results of the Request for Information on small to 
        medium-sized launch services released on April 22, 2008;
            (2) an analysis of possible alternatives to maintain small 
        and medium-sized lift capabilities after June 30, 2010, 
        including the use of the Department of Defense's Evolved 
        Expendable Launch Vehicle (EELV);
            (3) the recommended alternatives, and associated 5-year 
        budget plans starting in October 2010 that would enable their 
        implementation; and
            (4) a contingency plan in the event the recommended 
        alternatives described in paragraph (3) are not available when 
        needed.

                          TITLE VII--EDUCATION

SEC. 701. RESPONSE TO REVIEW.

    (a) Plan.--The Administrator shall prepare a plan identifying 
actions taken or planned in response to the recommendations of the 
National Academies report, ``NASA's Elementary and Secondary Education 
Program: Review and Critique''. For those actions that have not been 
implemented, the plan shall include a schedule and budget required to 
support the actions.
    (b) Report.--The plan prepared under subsection (a) shall be 
transmitted to the Committee on Science and Technology of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate not later than 1 year after the date of 
enactment of this Act.

SEC. 702. EXTERNAL REVIEW OF EXPLORER SCHOOLS PROGRAM.

    (a) Review.--The Administrator shall make arrangements for an 
independent external review of the Explorer Schools program to evaluate 
its goals, status, plans, and accomplishments.
    (b) Report.--The report of the independent external review shall be 
transmitted to the Committee on Science and Technology of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate not later than 1 year after the date of 
enactment of this Act.

SEC. 703. SENSE OF CONGRESS ON EARTHKAM AND ROBOTICS COMPETITIONS.

    It is the sense of Congress that NASA's educational programs are 
important sources of inspiration and hands-on learning for the next 
generation of engineers and scientists and should be supported. In that 
regard, programs such as EarthKAM, which brings NASA directly into 
American classrooms by enabling students to talk directly with 
astronauts aboard the International Space Station and to take 
photographs of Earth from space, and NASA involvement in robotics 
competitions for students of all levels, are particularly worthy 
undertakings and NASA should support them and look for additional 
opportunities to engage students through NASA's space and aeronautics 
activities.

SEC. 704. ENHANCEMENT OF EDUCATIONAL ROLE OF NASA.

    (a) Sense of Congress.--It is the sense of Congress that the 
International Space Station offers a unique opportunity for Federal 
agencies to engage students in science, technology, engineering, and 
mathematics education. Congress encourages NASA to include other 
Federal agencies in its planning efforts to use the International Space 
Station National Laboratory for science, technology, engineering, and 
mathematics educational activities.
    (b) Experimental Program to Stimulate Competitive Research.--In 
order to ensure that research expertise and talent throughout the 
Nation is developed and engaged in NASA research and education 
activities, NASA shall, as part of its annual budget submission, detail 
additional steps that can be taken to further integrate the 
participating EPSCoR States in both existing and new or emerging NASA 
research programs and center activities.
    (c) National Space Grant College and Fellowship Program.--NASA 
shall continue its emphasis on the importance of education to expand 
opportunities for Americans to understand and participate in NASA's 
aeronautics and space projects by supporting and enhancing science and 
engineering education, research, and public outreach efforts.

                     TITLE VIII--NEAR-EARTH OBJECTS

SEC. 801. REAFFIRMATION OF POLICY.

    (a) Reaffirmation of Policy on Surveying Near-Earth Asteroids and 
Comets.--Congress reaffirms the policy set forth in section 102(g) of 
the National Aeronautics and Space Act of 1958 (42 U.S.C. 2451(g)) 
(relating to surveying near-Earth asteroids and comets).
    (b) Sense of Congress on Benefits of Near-Earth Object Program 
Activities.--It is the sense of Congress that the near-Earth object 
program activities of NASA will provide benefits to the scientific and 
exploration activities of NASA.

SEC. 802. FINDINGS.

    Congress makes the following findings:
            (1) Near-Earth objects pose a serious and credible threat 
        to humankind, as many scientists believe that a major asteroid 
        or comet was responsible for the mass extinction of the 
        majority of the Earth's species, including the dinosaurs, 
        nearly 65,000,000 years ago.
            (2) Several such near-Earth objects have only been 
        discovered within days of the objects' closest approach to 
        Earth and recent discoveries of such large objects indicate 
        that many large near-Earth objects remain undiscovered.
            (3) Asteroid and comet collisions rank as one of the most 
        costly natural disasters that can occur.
            (4) The time needed to eliminate or mitigate the threat of 
        a collision of a potentially hazardous near-Earth object with 
        Earth is measured in decades.
            (5) Unlike earthquakes and hurricanes, asteroids and comets 
        can provide adequate collision information, enabling the United 
        States to include both asteroid-collision and comet-collision 
        disaster recovery and disaster avoidance in its public-safety 
        structure.
            (6) Basic information is needed for technical and policy 
        decisionmaking for the United States to create a comprehensive 
        program in order to be ready to eliminate and mitigate the 
        serious and credible threats to humankind posed by potentially 
        hazardous near-Earth asteroids and comets.
            (7) As a first step to eliminate and to mitigate the risk 
        of such collisions, situation and decision analysis processes, 
        as well as procedures and system resources, must be in place 
        well before a collision threat becomes known.

SEC. 803. REQUESTS FOR INFORMATION.

    The Administrator shall issue requests for information on--
            (1) a low-cost space mission with the purpose of 
        rendezvousing with, attaching a tracking device, and 
        characterizing the Apophis asteroid; and
            (2) a medium-sized space mission with the purpose of 
        detecting near-Earth objects equal to or greater than 140 
        meters in diameter.

SEC. 804. ESTABLISHMENT OF POLICY WITH RESPECT TO THREATS POSED BY 
              NEAR-EARTH OBJECTS.

    Within 2 years after the date of enactment of this Act, the 
Director of the OSTP shall--
            (1) develop a policy for notifying Federal agencies and 
        relevant emergency response institutions of an impending near-
        Earth object threat, if near-term public safety is at risk; and
            (2) recommend a Federal agency or agencies to be 
        responsible for--
                    (A) protecting the United States from a near-Earth 
                object that is expected to collide with Earth; and
                    (B) implementing a deflection campaign, in 
                consultation with international bodies, should one be 
                necessary.

SEC. 805. PLANETARY RADAR CAPABILITY.

    The Administrator shall maintain a planetary radar that is 
comparable to the capability provided through the Deep Space Network 
Goldstone facility of NASA.

SEC. 806. ARECIBO OBSERVATORY.

    Congress reiterates its support for the use of the Arecibo 
Observatory for NASA-funded near-Earth object-related activities. The 
Administrator, using funds authorized in section 101(a)(1)(B), shall 
ensure the availability of the Arecibo Observatory's planetary radar to 
support these activities until the National Academies' review of NASA's 
approach for the survey and deflection of near-Earth objects, including 
a determination of the role of Arecibo, that was directed to be 
undertaken by the Fiscal Year 2008 Omnibus Appropriations Act, is 
completed.

SEC. 807. INTERNATIONAL RESOURCES.

    It is the sense of Congress that, since an estimated 25,000 
asteroids of concern have yet to be discovered and monitored, the 
United States should seek to obtain commitments for cooperation from 
other nations with significant resources for contributing to a thorough 
and timely search for such objects and an identification of their 
characteristics.

                    TITLE IX--COMMERCIAL INITIATIVES

SEC. 901. SENSE OF CONGRESS.

    It is the sense of Congress that a healthy and robust commercial 
sector can make significant contributions to the successful conduct of 
NASA's space exploration program. While some activities are inherently 
governmental in nature, there are many other activities, such as 
routine supply of water, fuel, and other consumables to low Earth orbit 
or to destinations beyond low Earth orbit, and provision of power or 
communications services to lunar outposts, that potentially could be 
carried out effectively and efficiently by the commercial sector at 
some point in the future. Congress encourages NASA to look for such 
service opportunities and, to the maximum extent practicable, make use 
of the commercial sector to provide those services. It is further the 
sense of Congress that United States entrepreneurial space companies 
have the potential to develop and deliver innovative technology 
solutions at affordable costs. NASA is encouraged to use United States 
entrepreneurial space companies to conduct appropriate research and 
development activities. NASA is further encouraged to seek ways to 
ensure that firms that rely on fixed-price proposals are not 
disadvantaged when NASA seeks to procure technology development.

SEC. 902. COMMERCIAL CREW INITIATIVE.

    (a) In General.--In order to stimulate commercial use of space, 
help maximize the utility and productivity of the International Space 
Station, and enable a commercial means of providing crew transfer and 
crew rescue services for the International Space Station, NASA shall--
            (1) make use of United States commercially provided 
        International Space Station crew transfer and crew rescue 
        services to the maximum extent practicable, if those commercial 
        services have demonstrated the capability to meet NASA-
        specified ascent, entry, and International Space Station 
        proximity operations safety requirements;
            (2) limit, to the maximum extent practicable, the use of 
        the Crew Exploration Vehicle to missions carrying astronauts 
        beyond low Earth orbit once commercial crew transfer and crew 
        rescue services that meet safety requirements become 
        operational;
            (3) facilitate, to the maximum extent practicable, the 
        transfer of NASA-developed technologies to potential United 
        States commercial crew transfer and rescue service providers, 
        consistent with United States law; and
            (4) issue a notice of intent, not later than 180 days after 
        the date of enactment of this Act, to enter into a funded, 
        competitively awarded Space Act Agreement with 2 or more 
        commercial entities for a Phase 1 Commercial Orbital 
        Transportation Services crewed vehicle demonstration program.
    (b) Congressional Intent.--It is the intent of Congress that 
funding for the program described in subsection (a)(4) shall not come 
at the expense of full funding of the amounts authorized under section 
101(3)(A), and for future fiscal years, for Orion Crew Exploration 
Vehicle development, Ares I Crew Launch Vehicle development, or 
International Space Station cargo delivery.
    (c) Additional Technologies.--NASA shall make International Space 
Station-compatible docking adaptors and other relevant technologies 
available to the commercial crew providers selected to service the 
International Space Station.
    (d) Crew Transfer and Crew Rescue Services Contract.--If a 
commercial provider demonstrates the capability to provide 
International Space Station crew transfer and crew rescue services and 
to satisfy NASA ascent, entry, and International Space Station 
proximity operations safety requirements, NASA shall enter into an 
International Space Station crew transfer and crew rescue services 
contract with that commercial provider for a portion of NASA's 
anticipated International Space Station crew transfer and crew rescue 
requirements from the time the commercial provider commences operations 
under contract with NASA through calendar year 2016, with an option to 
extend the period of performance through calendar year 2020.

       TITLE X--REVITALIZATION OF NASA INSTITUTIONAL CAPABILITIES

SEC. 1001. REVIEW OF INFORMATION SECURITY CONTROLS.

    (a) Report on Controls.--Not later than one year after the date of 
enactment of this Act, the Comptroller General shall transmit to the 
Committee on Science and Technology of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
review of information security controls that protect NASA's information 
technology resources and information from inadvertent or deliberate 
misuse, fraudulent use, disclosure, modification, or destruction. The 
review shall focus on networks servicing NASA's mission directorates. 
In assessing these controls, the review shall evaluate--
            (1) the network's ability to limit, detect, and monitor 
        access to resources and information, thereby safeguarding and 
        protecting them from unauthorized access;
            (2) the physical access to network resources; and
            (3) the extent to which sensitive research and mission data 
        is encrypted.
    (b) Restricted Report on Intrusions.--Not later than one year after 
the date of enactment of this Act, and in conjunction with the report 
described in subsection (a), the Comptroller General shall transmit to 
the Committee on Science and Technology of the House of Representatives 
and the Committee on Commerce, Science, and Transportation of the 
Senate a restricted report detailing results of vulnerability 
assessments conducted by the Government Accountability Office on NASA's 
network resources. Intrusion attempts during such vulnerability 
assessments shall be divulged to NASA senior management prior to their 
application. The report shall put vulnerability assessment results in 
the context of unauthorized accesses or attempts during the prior two 
years and the corrective actions, recent or ongoing, that NASA has 
implemented in conjunction with other Federal authorities to prevent 
such intrusions.

SEC. 1002. MAINTENANCE AND UPGRADE OF CENTER FACILITIES.

    (a) In General.--In order to sustain healthy Centers that are 
capable of carrying out NASA's missions, the Administrator shall ensure 
that adequate maintenance and upgrading of those Center facilities is 
performed on a regular basis.
    (b) Review.--The Administrator shall determine and prioritize the 
maintenance and upgrade backlog at each of NASA's Centers and 
associated facilities, and shall develop a strategy and budget plan to 
reduce that maintenance and upgrade backlog by 50 percent over the next 
five years.
    (c) Report.--The Administrator shall deliver a report to Congress 
on the results of the activities undertaken in subsection (b) 
concurrently with the delivery of the fiscal year 2011 budget request.

SEC. 1003. ASSESSMENT OF NASA LABORATORY CAPABILITIES.

    (a) In General.--NASA's laboratories are a critical component of 
NASA's research capabilities, and the Administrator shall ensure that 
those laboratories remain productive.
    (b) Review.--The Administrator shall enter into an arrangement for 
an independent external review of NASA's laboratories, including 
laboratory equipment, facilities, and support services, to determine 
whether they are equipped and maintained at a level adequate to support 
NASA's research activities. The assessment shall also include an 
assessment of the relative quality of NASA's in-house laboratory 
equipment and facilities compared to comparable laboratories elsewhere. 
The results of the review shall be provided to the Committee on Science 
and Technology of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate not later than 18 
months after the date of enactment of this Act.

SEC. 1004. STUDY AND REPORT ON PROJECT ASSIGNMENT AND WORK ALLOCATION 
              OF FIELD CENTERS.

    (a) Study.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Administrator shall complete a study 
        of all field centers of NASA, including the Michoud Assembly 
        Facility.
            (2) Matters studied.--The study required by paragraph (1) 
        shall include the mission and future roles and responsibilities 
        of the field centers, including the Michoud Assembly Facility, 
        described in paragraph (1).
    (b) Report.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Administrator shall submit to the 
        appropriate congressional committees a report on the study 
        required by subsection (a)(1).
            (2) Content.--The report required by paragraph (1) shall 
        include the following:
                    (A) A comprehensive analysis of the work allocation 
                of all field centers of NASA, including the Michoud 
                Assembly Facility.
                    (B) A description of the program and project roles, 
                functions, and activities assigned to each field 
                center, including the Michoud Assembly Facility.
                    (C) Details on how field centers, including the 
                Michoud Assembly Facility, are selected and designated 
                for lead and support role work assignments (including 
                program and contract management assignments).

                       TITLE XI--OTHER PROVISIONS

SEC. 1101. SPACE WEATHER.

    (a) Plan for Replacement of Advanced Composition Explorer at L-1 
Lagrangian Point.--
            (1) Plan.--The Director of OSTP shall develop a plan for 
        sustaining space-based measurements of solar wind from the L-1 
        Lagrangian point in space and for the dissemination of the data 
        for operational purposes. OSTP shall consult with NASA, NOAA, 
        and other Federal agencies, and with industry, in developing 
        the plan.
            (2) Report.--The Director shall transmit the plan to 
        Congress not later than 1 year after the date of enactment of 
        this Act.
    (b) Assessment of the Impact of Space Weather on Aviation.--
            (1) Study.--The Director of OSTP shall enter into an 
        arrangement with the National Research Council for a study of 
        the impacts of space weather on the current and future United 
        States aviation industry, and in particular to examine the 
        risks for Over-The-Pole (OTP) and Ultra-Long-Range (ULR) 
        operations. The study shall--
                    (A) examine space weather impacts on, at a minimum, 
                communications, navigation, avionics, and human health 
                in flight;
                    (B) assess the benefits of space weather 
                information and services to reduce aviation costs and 
                maintain safety; and
                    (C) provide recommendations on how NOAA, the 
                National Science Foundation, and other relevant 
                agencies, can most effectively carry out research and 
                monitoring activities related to space weather and 
                aviation.
            (2) Report.--A report containing the results of the study 
        shall be provided to the Committee on Science and Technology of 
        the House of Representatives and the Committee on Commerce, 
        Science, and Transportation of the Senate not later than 1 year 
        after the date of enactment of this Act.

SEC. 1102. INITIATION OF DISCUSSIONS ON DEVELOPMENT OF FRAMEWORK FOR 
              SPACE TRAFFIC MANAGEMENT.

    (a) Finding.--Congress finds that as more countries acquire the 
capability for launching payloads into outer space, there is an 
increasing need for a framework under which information intended to 
promote safe access into outer space, operations in outer space, and 
return from outer space to Earth free from physical or radio-frequency 
interference can be shared among those countries.
    (b) Discussions.--The Administrator shall, in consultation with 
such other agencies of the Federal Government as the Administrator 
considers appropriate, initiate discussions with the appropriate 
representatives of other space-faring countries to determine an 
appropriate frame-work under which information intended to promote safe 
access into outer space, operations in outer space, and return from 
outer space to Earth free from physical or radio-frequency interference 
can be shared among those nations.

SEC. 1103. ASTRONAUT HEALTH CARE.

    (a) Survey.--The Administrator shall administer an anonymous survey 
of astronauts and flight surgeons to evaluate communication, 
relationships, and the effectiveness of policies. The survey questions 
and the analysis of results shall be evaluated by experts independent 
of NASA. The survey shall be administered on at least a biennial basis.
    (b) Report.--The Administrator shall transmit a report of the 
results of the survey to Congress not later than 90 days following 
completion of the survey.

SEC. 1104. NATIONAL ACADEMIES DECADAL SURVEYS.

    (a) In General.--The Administrator shall enter into agreements on a 
periodic basis with the National Academies for independent assessments, 
also known as decadal surveys, to take stock of the status and 
opportunities for Earth and space science discipline fields and 
Aeronautics research and to recommend priorities for research and 
programmatic areas over the next decade.
    (b) Independent Cost Estimates.--The agreements described in 
subsection(a) shall include independent estimates of the life cycle 
costs and technical readiness of missions assessed in the decadal 
surveys whenever possible.
    (c) Reexamination.--The Administrator shall request that each 
National Academies decadal survey committee identify any conditions or 
events, such as significant cost growth or scientific or technological 
advances, that would warrant NASA asking the National Academies to 
reexamine the priorities that the decadal survey had established.

SEC. 1105. INNOVATION PRIZES.

    (a) In General.--Prizes can play a useful role in encouraging 
innovation in the development of technologies and products that can 
assist NASA in its aeronautics and space activities, and the use of 
such prizes by NASA should be encouraged.
    (b) Amendments.--Section 314 of the National Aeronautics and Space 
Act of 1958 is amended--
            (1) by amending subsection (b) to read as follows:
    ``(b) Topics.--In selecting topics for prize competitions, the 
Administrator shall consult widely both within and outside the Federal 
Government, and may empanel advisory committees. The Administrator 
shall give consideration to prize goals such as the demonstration of 
the ability to provide energy to the lunar surface from space-based 
solar power systems, demonstration of innovative near-Earth object 
survey and deflection strategies, and innovative approaches to 
improving the safety and efficiency of aviation systems.''; and
            (2) in subsection (i)(4) by striking ``$10,000,000'' and 
        inserting ``$50,000,000''.

SEC. 1106. COMMERCIAL SPACE LAUNCH RANGE STUDY.

    (a) Study by Interagency Committee.--The Director of OSTP shall 
work with other appropriate Federal agencies to establish an 
interagency committee to conduct a study to--
            (1) identify the issues and challenges associated with 
        establishing space launch ranges and facilities that are fully 
        dedicated to commercial space missions in close proximity to 
        Federal launch ranges or other Federal facilities; and
            (2) develop a coordinating mechanism such that States 
        seeking to establish such commercial space launch ranges will 
        be able to effectively and efficiently interface with the 
        Federal Government concerning issues related to the 
        establishment of such commercial launch ranges in close 
        proximity to Federal launch ranges or other Federal facilities.
    (b) Report.--The Director shall, not later than May 31, 2010, 
submit to the Committee on Science and Technology of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report on the results of the study 
conducted under subsection (a).

SEC. 1107. NASA OUTREACH PROGRAM.

    (a) Establishment.--NASA shall competitively select an organization 
to partner with NASA centers, aerospace contractors, and academic 
institutions to carry out a program to help promote the competitiveness 
of small, minority-owned, and women-owned businesses in communities 
across the United States through enhanced insight into the technologies 
of NASA's space and aeronautics programs. The program shall support the 
mission of NASA's Innovative Partnerships Program with its emphasis on 
joint partnerships with industry, academia, government agencies, and 
national laboratories.
    (b) Program Structure.--In carrying out the program described in 
subsection (a), the organization shall support the mission of NASA's 
Innovative Partnerships Program by undertaking the following 
activities:
            (1) Facilitating the enhanced insight of the private sector 
        into NASA's technologies in order to increase the 
        competitiveness of the private sector in producing viable 
        commercial products.
            (2) Creating a network of academic institutions, aerospace 
        contractors, and NASA centers that will commit to donating 
        appropriate technical assistance to small businesses, giving 
        preference to socially and economically disadvantaged small 
        business concerns, small business concerns owned and controlled 
        by service-disabled veterans, and HUBZone small business 
        concerns. This paragraph shall not apply to any contracting 
        actions entered into or taken by NASA.
            (3) Creating a network of economic development 
        organizations to increase the awareness and enhance the 
        effectiveness of the program nationwide.
    (c) Report.--Not later than 1 year after the date of enactment of 
this Act, and annually thereafter, the Administrator shall submit a 
report to the Committee on Science and Technology of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate describing the efforts and accomplishments 
of the program established under subsection (a) in support of NASA's 
Innovative Partnerships Program. As part of the report, the 
Administrator shall provide--
            (1) data on the number of small businesses receiving 
        assistance, jobs created and retained, and volunteer hours 
        donated by NASA, contractors, and academic institutions 
        nationwide;
            (2) an estimate of the total dollar value of the economic 
        impact made by small businesses that received technical 
        assistance through the program; and
            (3) an accounting of the use of funds appropriated for the 
        program.

SEC. 1108. REDUCTION-IN-FORCE MORATORIUM.

    NASA shall not initiate or implement a reduction-in-force, or 
conduct any other involuntary separations of permanent, non-Senior 
Executive Service, civil servant employees before December 31, 2010, 
except for cause on charges of misconduct, delinquency, or 
inefficiency.

SEC. 1109. PROTECTION OF SCIENTIFIC CREDIBILITY, INTEGRITY, AND 
              COMMUNICATION WITHIN NASA.

    (a) Sense of the Congress.--It is the sense of Congress that NASA 
should not dilute, distort, suppress, or impede scientific research or 
the dissemination thereof.
    (b) Study.--Within 60 days after the date of enactment of this Act, 
the Comptroller General shall--
            (1) initiate a study to be completed within 270 days to 
        determine whether the regulations set forth in part 1213 of 
        title 14, Code of Federal Regulations, are being implemented in 
        a clear and consistent manner by NASA to ensure the 
        dissemination of research; and
            (2) transmit a report to the Congress setting forth the 
        Comptroller General's findings, conclusions, and 
        recommendations.
    (c) Research.--The Administrator shall work to ensure that NASA's 
policies on the sharing of climate related data respond to the 
recommendations of the Government Accountability Office's report on 
climate change research and data-sharing policies and to the 
recommendations on the processing, distribution, and archiving of data 
by the National Academies Earth Science Decadal Survey, ``Earth Science 
and Applications from Space'', and other relevant National Academies 
reports, to enhance and facilitate their availability and widest 
possible use to ensure public access to accurate and current data on 
global warming.

SEC. 1110. SENSE OF CONGRESS REGARDING THE NEED FOR A ROBUST WORKFORCE.

    It is the sense of Congress that--
            (1) a robust and highly skilled workforce is critical to 
        the success of NASA's programs;
            (2) voluntary attrition, the retirement of many senior 
        workers, and difficulties in recruiting could leave NASA 
        without access to the intellectual capital necessary to compete 
        with its global competitors; and
            (3) NASA should work cooperatively with other agencies of 
        the United States Government responsible for programs related 
        to space and the aerospace industry to develop and implement 
        policies, including those with an emphasis on improving 
        science, technology, engineering, and mathematics education at 
        all levels, to sustain and expand the diverse workforce 
        available to NASA.

SEC. 1111. METHANE INVENTORY.

    Within 12 months after the date of enactment of this Act, the 
Director of OSTP, in conjunction with the Administrator, the 
Administrator of NOAA, and other appropriate Federal agencies and 
academic institutions, shall develop a plan, including a cost estimate 
and timetable, and initiate an inventory of natural methane stocks and 
fluxes in the polar region of the United States.

SEC. 1112. EXCEPTION TO ALTERNATIVE FUEL PROCUREMENT REQUIREMENT.

    Section 526(a) of the Energy Independence and Security Act of 2007 
(42 U.S.C. 17142(a)) does not prohibit NASA from entering into a 
contract to purchase a generally available fuel that is not an 
alternative or synthetic fuel or predominantly produced from a 
nonconventional petroleum source, if--
            (1) the contract does not specifically require the 
        contractor to provide an alternative or synthetic fuel or fuel 
        from a nonconventional petroleum source;
            (2) the purpose of the contract is not to obtain an 
        alternative or synthetic fuel or fuel from a nonconventional 
        petroleum source; and
            (3) the contract does not provide incentives for a refinery 
        upgrade or expansion to allow a refinery to use or increase its 
        use of fuel from a nonconventional petroleum source.

SEC. 1113. SENSE OF CONGRESS ON THE IMPORTANCE OF THE NASA OFFICE OF 
              PROGRAM ANALYSIS AND EVALUATION.

    (a) Office of Program Analysis and Evaluation.--It is the sense of 
Congress that it is important for NASA to maintain an Office of Program 
Analysis and Evaluation that has as its mission:
            (1) To develop strategic plans for NASA in accordance with 
        section 306 of title 5, United States Code.
            (2) To develop annual performance plans for NASA in 
        accordance with section 1115 of title 31, United States Code.
            (3) To provide analysis and recommendations to the 
        Administrator on matters relating to the planning and 
        programming phases of the Planning, Programming, Budgeting, and 
        Execution system of NASA.
            (4) To provide analysis and recommendations to the 
        Administrator on matters relating to acquisition management and 
        program oversight, including cost-estimating processes, 
        contractor cost reporting processes, and contract performance 
        assessments.
    (b) Objectives.--It is further the sense of Congress that in 
performing those functions, the objectives of the Office should be the 
following:
            (1) To align NASA's mission, strategic plan, budget, and 
        performance plan with strategic goals and institutional 
        requirements of NASA.
            (2) To provide objective analysis of programs and 
        institutions of NASA--
                    (A) to generate investment options for NASA; and
                    (B) to inform strategic decision making in NASA.
            (3) To enable cost-effective, strategically aligned 
        execution of programs and projects by NASA.
            (4) To perform independent cost estimation in support of 
        NASA decision making and establishment of standards for agency 
        cost analysis.
            (5) To ensure that budget formulation and execution are 
        consistent with strategic investment decisions of NASA.
            (6) To provide independent program and project reviews that 
        address the credibility of technical, cost, schedule, risk, and 
        management approaches with respect to available resources.
            (7) To facilitate progress by NASA toward meeting the 
        commitments of NASA.

SEC. 1114. SENSE OF CONGRESS ON ELEVATING THE IMPORTANCE OF SPACE AND 
              AERONAUTICS WITHIN THE EXECUTIVE OFFICE OF THE PRESIDENT.

    It is the sense of Congress that the President should elevate the 
importance of space and aeronautics within the Executive Office of the 
President by organizing the interagency focus on space and aeronautics 
matters in as effective a manner as possible, such as by means of the 
National Space Council authorized by section 501 of the National 
Aeronautics and Space Administration Authorization Act, Fiscal Year 
1989 (42 U.S.C. 2471) or other appropriate mechanisms.

SEC. 1115. STUDY ON LEASING PRACTICES OF FIELD CENTERS.

    (a) Study.--Not later than 180 days after the date of enactment of 
this Act, the Administrator shall complete a study on the leasing 
practices of all field centers of NASA, including the Michoud Assembly 
Facility. Such study shall include the following:
            (1) The method by which overhead maintenance expenses are 
        distributed among tenants of such field centers.
            (2) Identification of the impacts of such method on 
        attracting businesses and partnerships to such field centers.
            (3) Identification of the steps that can be taken to 
        mitigate any adverse impacts identified under paragraph (2).
    (b) Report.--Not later than 180 days after the date of enactment of 
this Act, the Administrator shall submit to the Committee on Science 
and Technology of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a report on the 
study required by subsection (a), including the following:
            (1) The findings of the Administrator with respect to such 
        study.
            (2) A description of the impacts identified under 
        subsection (a)(2).
            (3) The steps identified under subsection (a)(3).

SEC. 1116. COOPERATIVE UNMANNED AERIAL VEHICLE ACTIVITIES.

    The Administrator, in cooperation with the Administrator of NOAA 
and in coordination with other agencies that have existing civil 
capabilities, shall continue to utilize the capabilities of unmanned 
aerial vehicles as appropriate in support of NASA and interagency 
cooperative missions. The Administrator may enter into cooperative 
agreements with universities with unmanned aerial vehicle programs and 
related assets to conduct collaborative research and development 
activities, including development of appropriate applications of small 
unmanned aerial vehicle technologies and systems in remote areas.

SEC. 1117. DEVELOPMENT OF ENHANCED-USE LEASE POLICY.

    (a) In General.--The Administrator shall develop an agency-wide 
enhanced-use lease policy that--
            (1) is based upon sound business practices and lessons 
        learned from the demonstration centers; and
            (2) establishes controls and procedures to ensure 
        accountability and protect the interests of the Government.
    (b) Contents.--The policy required by subsection (a) shall include 
the following:
            (1) Criteria for determining whether enhanced-use lease 
        provides better economic value to the Government than other 
        options, such as--
                    (A) Federal financing through appropriations; or
                    (B) sale of the property.
            (2) Requirement for the identification of proposed physical 
        and procedural changes needed to ensure security and restrict 
        access to specified areas, coordination of proposed changes 
        with existing site tenants, and development of estimated costs 
        of such changes.
            (3) Measures of effectiveness for the enhanced-use lease 
        program.
            (4) Accounting controls and procedures to ensure 
        accountability, such as an audit trail and documentation to 
        readily support financial transactions.
    (c) Annual Report.--Section 315(f) of the National Aeronautics and 
Space Administration Act of 1958 (42 U.S.C. 2459j(f)) is amended to 
read as follows:
    ``(f) Reporting Requirements.--The Administrator shall submit an 
annual report by January 31st of each year. Such report shall include 
the following:
            ``(1) Information that identifies and quantifies the value 
        of the arrangements and expenditures of revenues received under 
        this section.  
            ``(2) The availability and use of funds received under this 
        section for the Agency's operating plan.''.
    (d) Distribution of Cash Consideration Received.--
            (1) In general.--Section 315(b)(3)(B) of such Act (42 
        U.S.C. 2459j(b)(3)(B)) is amended to read as follows:
                    ``(B) Of any amounts of cash consideration received 
                under this subsection that are not utilized in 
                accordance with subparagraph (A)--
                            ``(i) 35 percent shall be deposited in a 
                        capital asset account to be established by the 
                        Administrator, shall be available for 
                        maintenance, capital revitalization, and 
                        improvements of the real property assets and 
                        related personal property under the 
                        jurisdiction of the Administrator, and shall 
                        remain available until expended; and
                            ``(ii) the remaining 65 percent shall be 
                        available to the respective center or facility 
                        of the Administration engaged in the lease of 
                        nonexcess real property, and shall remain 
                        available until expended for maintenance, 
                        capital revitalization, and improvements of the 
                        real property assets and related personal 
                        property at the respective center or facility 
                        subject to the concurrence of the 
                        Administrator.''.
            (2) Conforming amendments.--Section 533 of the Consolidated 
        Appropriations Act, 2008 (Pub1ic Law 110-161; 121 Stat. 1931) 
        is amended--
                    (A) by amending subsection (b)(4) to read as 
                follows:
            ``(4) in paragraph (2), as redesignated by paragraph (3) of 
        this subsection, by adding at the end the following new 
        subparagraph:
            ```(C) Amounts utilized under subparagraph (B) may not be 
        utilized for daily operating costs.'.''; and
                    (B) in subsection (d)--
                            (i) by striking ``the following new 
                        subsection (f)'' and inserting ``the following 
                        new subsection''; and
                            (ii) in the quoted matter, by redesignating 
                        subsection (f) as subsection (g).

SEC. 1118. SENSE OF CONGRESS WITH RESPECT TO THE MICHOUD ASSEMBLY 
              FACILITY AND NASA'S OTHER CENTERS AND FACILITIES.

    It is the sense of Congress that the Michoud Assembly Facility 
represents a unique resource in the facilitation of the Nation's 
exploration programs and that every effort should be made to ensure the 
effective utilization of that resource, as well as NASA's other centers 
and facilities.

SEC. 1119. REPORT ON U.S. INDUSTRIAL BASE FOR LAUNCH VEHICLE ENGINES.

    Not later than 180 days after the date of Enactment of this Act, 
the Director of the Office of Science and Technology Policy shall 
submit to Congress a report setting forth the assessment of the 
Director as to the capacity of the United States industrial base for 
development and production of engines to meet United States Government 
and commercial requirements for space launch vehicles. The Report 
required by this section shall include information regarding existing, 
pending, and planned engine developments across a broad spectrum of 
thrust capabilities, including propulsion for sub-orbital, small, 
medium, and heavy-lift space launch vehicles.

SEC. 1120. SENSE OF CONGRESS ON PRECURSOR INTERNATIONAL SPACE STATION 
              RESEARCH.

    It is the Sense of Congress that NASA is taking positive steps to 
utilize the Space Shuttle as a platform for precursor International 
Space Station research by maximizing to the extent practicable the use 
of middeck accommodations, including soft stowage, for near-term 
scientific and commercial applications on remaining Space Shuttle 
flights, and the Administrator is strongly encouraged to continue to 
promote the effective utilization of the Space Shuttle for precursor 
research within the constraints of the International Space Station 
assembly requirements.

SEC. 1121. LIMITATION ON FUNDING FOR CONFERENCES.

    (a) In General.--There are authorized to be appropriated not more 
than $5,000,000 for any expenses related to conferences, including 
conference programs, travel costs, and related expenses. No funds 
authorized under this Act may be used to support a Space Flight 
Awareness Launch Honoree Event conference. The total amount of the 
funds available under this Act for other Space Flight Awareness 
Honoree-related activities in fiscal year 2009 may not exceed \1/2\ of 
the total amount of funds from all sources obligated or expended on 
such activities in fiscal year 2008.
    (b) Quarterly Reports.--The Administrator shall submit quarterly 
reports to the Inspector General of NASA regarding the costs and 
contracting procedures relating to each conference held by NASA during 
fiscal year 2009 for which the cost to the Government is more than 
$20,000. Each report shall include, for each conference described in 
that subsection held during the applicable quarter--
            (1) a description of the subject of and number of 
        participants attending, the conference, including the number of 
        NASA employees attending and the number of contractors 
        attending at agency expense;
            (2) a detailed statement of the costs to the Government 
        relating to the conference, including--
                    (A) the cost of any food or beverages;
                    (B) the cost of any audio-visual services; and
                    (C) a discussion of the methodology used to 
                determine which costs relate to the conference; and
                     D) cost of any room, board, travel, and per diem 
                expenses; and
            (3) a description of the contracting procedures relating to 
        the conference, including--
                    (A) whether contracts were awarded on a competitive 
                basis for that conference; and
                    (B) a discussion of any cost comparison conducted 
                by NASA in evaluating potential contractors for that 
                conference.

SEC. 1122. REPORT ON NASA EFFICIENCY AND PERFORMANCE.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Comptroller General of the United States shall submit 
to Congress a report that contains a review of NASA programs and 
associated activities with an annual funding level of more than 
$50,000,000 that appear to be similar in scope and purpose to other 
activities within the Federal government, that includes--
            (1) a brief description of each NASA program reviewed and 
        its subordinate activities;
            (2) the annual and cumulative appropriation amounts 
        expended for each program reviewed and its subordinate 
        activities since fiscal year 2005;
            (3) a brief description of each Federal program and its 
        subordinate activities that appears to have a similar scope and 
        purpose to a NASA program; and
            (4) a review of the formal and informal processes by which 
        NASA coordinates with other Federal agencies to ensure that its 
        programs and activities are not duplicative of similar efforts 
        within the Federal government and that the programs and 
        activities meet the core mission of NASA, and the degree of 
        transparency and accountability afforded by those processes.
    (b) Duplicative Programs.--If the Comptroller General determines, 
under subsection (a)(4), that any deficiency exists in the NASA 
procedures intended to avoid or eliminate conflict or duplication with 
other Federal agency activities, the Comptroller General shall include 
a recommendation as to how such procedures should be modified to ensure 
similar programs and associated activities can be consolidated, 
eliminated, or streamlined within NASA or within other Federal agencies 
to improve efficiency.

            Attest:

                                                             Secretary.
110th CONGRESS

  2d Session

                               H.R. 6063

_______________________________________________________________________

                               AMENDMENT