[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6063 Referred in Senate (RFS)]

  2d Session
                                H. R. 6063


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                June 20 (legislative day, June 19), 2008

    Received; read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 AN ACT


 
    To authorize the programs of the National Aeronautics and Space 
                Administration, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``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.
Sec. 209. Sharing weather research.
                         TITLE III--AERONAUTICS

Sec. 301. Environmentally friendly aircraft research and development 
                            initiative.
Sec. 302. Research alignment.
Sec. 303. Research program to determine perceived impact of sonic 
                            booms.
Sec. 304. External review of NASA's aviation safety-related research 
                            programs.
Sec. 305. Interagency research initiative on the impact of aviation on 
                            the climate.
Sec. 306. Research on design for certification.
Sec. 307. Aviation weather research.
Sec. 308. Joint Aeronautics Research and Development Advisory 
                            Committee.
Sec. 309. Funding for research and development activities in support of 
                            other mission directorates.
Sec. 310. University-based centers for research on aviation training.
             TITLE IV--INTERNATIONAL EXPLORATION INITIATIVE

Sec. 401. Sense of Congress.
Sec. 402. Stepping stone approach to exploration.
Sec. 403. Lunar outpost.
Sec. 404. Exploration technology development.
Sec. 405. Exploration risk mitigation plan.
Sec. 406. Exploration crew rescue.
Sec. 407. Participatory exploration.
Sec. 408. Science and exploration.
Sec. 409. 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. Restoration of radioisotope thermoelectric generator material 
                            production.
Sec. 506. Assessment of impediments to interagency cooperation on space 
                            and Earth science missions.
Sec. 507. Assessment of cost growth.
Sec. 508. Outer planets exploration.
                       TITLE VI--SPACE OPERATIONS

                Subtitle A--International Space Station

Sec. 601. Utilization.
Sec. 602. Research management plan.
Sec. 603. Contingency plan for cargo resupply.
                       Subtitle B--Space Shuttle

Sec. 611. Flight manifest.
Sec. 612. Disposition of shuttle-related assets.
Sec. 613. Space Shuttle transition liaison office.
                      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.
                     TITLE VIII--NEAR-EARTH OBJECTS

Sec. 801. In general.
Sec. 802. Findings.
Sec. 803. Requests for information.
Sec. 804. Establishment of policy.
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.
                       TITLE XI--OTHER PROVISIONS

Sec. 1101. Space weather.
Sec. 1102. Space traffic management.
Sec. 1103. Study of export control policies related to civil and 
                            commercial space activities.
Sec. 1104. Astronaut health care.
Sec. 1105. National Academies decadal surveys.
Sec. 1106. Innovation prizes.
Sec. 1107. Commercial space launch range study.
Sec. 1108. NASA outreach and technology assistance program.
Sec. 1109. Reduction-in-force moratorium.
Sec. 1110. Limit on the use of term positions.
Sec. 1111. Temporary continuation of coverage of health benefits.
Sec. 1112. Sense of Congress.
Sec. 1113. Sense of Congress regarding the need for a robust workforce.
Sec. 1114. Exception to alternative fuel procurement requirement.
Sec. 1115. Christa McAuliffe scholarship program for fields related to 
                            the mission of NASA.

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 practicable.
            (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.

    (a) Baseline Authorization.--There are authorized to be 
appropriated to NASA for fiscal year 2009 $19,210,000,000, 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 Cross-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, $3,886,000,000, of which $100,000,000 
        shall be for the activities under sections 902(b) and 902(d); 
        and $737,800,000 shall be for Advanced Capabilities, including 
        $106,300,000 for the Lunar Precursor Robotic Program, 
        $276,500,000 for International Space Station-related research 
        and development activities, and $355,000,000 for research and 
        development activities not related to the International Space 
        Station.
            (4) For Education, $128,300,000.
            (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 
                International Space Station Cargo Services to enhance 
                research utilization of the International Space 
                Station, 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.
            (7) For Inspector General, $35,500,000.
    (b)  Additional Authorization To Address Human Space Flight Gap.--
In addition to the sums authorized by subsection (a), there are 
authorized to be appropriated for the purposes described in subsection 
(a)(3) $1,000,000,000 for fiscal year 2009, to be used to accelerate 
the initial operational capability of the Orion Crew Exploration 
Vehicle and the Ares I Crew Launch Vehicle and associated ground 
support systems, to remain available until expended.

                        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 assume 
a leadership role in developing and carrying out a cooperative 
international Earth observations-based research and applications 
program.

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

    (a) Study.--The Director of the OSTP shall 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 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 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 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.

    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, tornado-force winds, and other 
factors determined to influence the development of tornadoes, with the 
goal of improving the Nation's ability to predict tornado events. 
Further, the Administrator shall examine whether there are additional 
cooperative activities with NOAA that should be undertaken in the area 
of tornado research.

SEC. 209. SHARING WEATHER 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.

                         TITLE III--AERONAUTICS

SEC. 301. 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. 302. RESEARCH ALIGNMENT.

    In addition to pursuing the research and development initiative 
described in section 301, 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. 303. 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 an 
appropriate sonic boom standard 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 that would enable the promulgation of a 
standard that would have to be met 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. 304. 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 14 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.

SEC. 305. INTERAGENCY RESEARCH INITIATIVE ON THE IMPACT OF AVIATION ON 
              THE CLIMATE.

    (a) In General.--The Administrator of the Federal Aviation 
Administration, in coordination with NASA and the United States Climate 
Change Science Program, shall establish a research initiative to assess 
the impact of aviation on the climate and, if warranted, to evaluate 
approaches to mitigate that impact.
    (b) Research Plan.--Not later than one year after the date of 
enactment of this Act, the participating Federal entities shall jointly 
develop a plan for the research program that contains the objectives, 
proposed tasks, milestones, and 5-year budgetary profile.

SEC. 306. RESEARCH ON DESIGN FOR CERTIFICATION.

    (a) Establishment of Program.--Not later than 6 months after the 
date of enactment of this Act, the Federal Aviation Administration, in 
consultation with other agencies as appropriate, shall establish a 
research program on methods to improve both confidence in and the 
timeliness of certification of new technologies for their introduction 
into the national airspace system.
    (b) Research Plan.--Not later than 1 year after the date of 
enactment of this Act, as part of the activity described in subsection 
(a), the Federal Aviation Administration shall develop a plan for the 
research program that contains the objectives, proposed tasks, 
milestones, and five-year budgetary profile.
    (c) Review.--The Administrator of the Federal Aviation 
Administration shall have the National Research Council conduct an 
independent review of the research program plan and provide the results 
of that review to the Committee on Science and Technology and the 
Committee on Transportation and Infrastructure 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. 307. AVIATION WEATHER RESEARCH.

    The Administrator shall establish a program of collaborative 
research with NOAA on convective weather events, with the goal of 
significantly improving the reliability of 2-hour to 6-hour aviation 
weather forecasts.

SEC. 308. JOINT AERONAUTICS RESEARCH AND DEVELOPMENT ADVISORY 
              COMMITTEE.

    (a) Establishment.--A joint Aeronautics Research and Development 
Advisory Committee (in this section referred to as the ``Advisory 
Committee'') shall be established.
    (b) Duties.--The Advisory Committee shall--
            (1) make recommendations regarding the coordination of 
        research and development activities of NASA and the Federal 
        Aviation Administration;
            (2) make recommendations for and monitor development and 
        implementation of processes for transitioning research and 
        development from NASA and the Federal Aviation Administration 
        to external entities for further development as appropriate;
            (3) make recommendations regarding the status of the 
        activities of NASA and the Federal Aviation Administration's 
        research and development programs as they relate to the 
        recommendations contained in the National Research Council's 
        2006 report entitled ``Decadal Survey of Civil Aeronautics'', 
        and the recommendations contained in subsequent National 
        Research Council reports of a similar nature; and
            (4) not later than March 15 of each year, transmit a report 
        to the Administrator, the Administrator of the Federal Aviation 
        Administration, the Committee on Science and Technology of the 
        House of Representatives, and the Committee on Commerce, 
        Science, and Transportation of the Senate on the Advisory 
        Committee's findings and recommendations under paragraphs (1), 
        (2), and (3).
    (c) Membership.--The Advisory Committee shall consist of 10 
members, none of whom shall be a Federal employee, including--
            (1) 5 members selected by the Administrator; and
            (2) 5 members selected by the Chair of the Federal Aviation 
        Administration's Research, Engineering, and Development 
        Advisory Committee (REDAC).
    (d) Selection Process.--Initial selections under subsection (c) 
shall be made within 3 months after the date of enactment of this Act. 
Vacancies shall be filled in the same manner as provided in subsection 
(c).
    (e) Chairperson.--The Advisory Committee shall select a chairperson 
from among its members.
    (f) Coordination.--The Advisory Committee shall coordinate with the 
advisory bodies of other Federal agencies, which may engage in related 
research activities.
    (g) Compensation.--The members of the Advisory Committee shall 
serve without compensation, but shall receive travel expenses, 
including per diem in lieu of subsistence, in accordance with sections 
5702 and 5703 of title 5, United States Code.
    (h) Meetings.--The Advisory Committee shall convene, in person or 
by electronic means, at least 4 times per year.
    (i) Quorum.--A majority of the members serving on the Advisory 
Committee shall constitute a quorum for purposes of conducting the 
business of the Advisory Committee.
    (j) Duration.--Section 14 of the Federal Advisory Committee Act 
shall not apply to the Advisory Committee.

SEC. 309. 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. 310. 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--INTERNATIONAL 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. 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 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 and agreement on an international 
cooperative framework for the conduct of the international exploration 
initiative. 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. 403. 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) Congressional Intent.--It is the intent of Congress that NASA 
shall make use of commercial services to the maximum extent practicable 
in support of its lunar outpost activities.

SEC. 404. 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 establish and maintain 
a program of long-term exploration-related technology research and 
development that is not tied to specific flight projects and that has a 
funding goal of at least 10 percent of the total budget of the 
Exploration Systems Mission Directorate.
    (c) Goals.--The long-term technology program shall have the goal of 
having at least 50 percent of the funding allocated to external grants 
and contracts with universities, research institutions, and industry.

SEC. 405. 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. 406. 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. 407. 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 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. In any such contracts, 
NASA would be required to adhere to a transparent bidding process to 
award contracts, pursuant to United States law.
    (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. 408. SCIENCE AND EXPLORATION.

    It is the sense of Congress that NASA's scientific and human 
exploration activities are synergistic, i.e. 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. 409. 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 spaceflight that 
will replace the Space Shuttle program.

                         TITLE V--SPACE SCIENCE

SEC. 501. TECHNOLOGY DEVELOPMENT.

    The Administrator shall establish a cross-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 cross-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.

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-sized, and large space 
science missions, and suborbital research activities, contributes to a 
robust and productive science program and serves as a catalyst for 
innovation. It is further 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.

SEC. 505. 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. 506. ASSESSMENT OF IMPEDIMENTS TO INTERAGENCY COOPERATION ON SPACE 
              AND EARTH SCIENCE MISSIONS.

    (a) Assessment.--The Administrator shall enter into an arrangement 
with the National Academies to assess impediments to the successful 
conduct of interagency cooperation on space and Earth science missions, 
to provide lessons learned and best practices, and to recommend steps 
to help facilitate successful interagency collaborations on space and 
Earth science missions.
    (b) Report.--The report of the assessment 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. 507. 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-sized, and small 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. 508. 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. UTILIZATION.

    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 2016.

SEC. 602. RESEARCH MANAGEMENT PLAN.

    (a) Research Management Plan.--The Administrator shall develop a 
research management plan for the International Space Station. The 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. This plan 
shall be used to prioritize resources such as crew time, racks and 
equipment, and United States access to international research 
facilities and equipment. The 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. The plan shall be developed in consultation 
with other Federal agencies, academia, industry, and other relevant 
stakeholders. The plan shall be transmitted to Congress not later than 
12 months after the date of enactment of this Act.
    (b) Access to National Laboratory.--The Administrator shall--
            (1) 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
            (2) 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 and missions 
        returning from the International Space Station to Earth.
    (c) Assessment.--The Administrator shall--
            (1) identify existing research equipment and racks and 
        support equipment that are manifested for flight;
            (2) 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; and
            (3) provide the results of the assessment 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.
    (d) Advisory Committee.--Not later than 1 year after the date of 
enactment of this Act, the Administrator shall establish an advisory 
panel under the Federal Advisory Committee Act to monitor the 
activities and management of the International Space Station National 
Laboratory.

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.

                       Subtitle B--Space Shuttle

SEC. 611. FLIGHT MANIFEST.

    (a) 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.
    (b) Additional Flight To Deliver the Alpha Magnetic Spectrometer to 
the International Space Station.--In addition to the flying of the 
baseline manifest as described in subsection (a), the Administrator 
shall take all necessary steps to fly one additional Space Shuttle 
flight to deliver the Alpha Magnetic Spectrometer to the International 
Space Station prior to the retirement of the Space Shuttle.
    (c) Space Shuttle Retirement Date.--The Space Shuttle shall be 
retired following the completion of the baseline flight manifest and 
the flight of the additional flight specified in subsection (b), events 
that are anticipated to occur in 2010.

SEC. 612. DISPOSITION OF SHUTTLE-RELATED ASSETS.

    Not later than 90 days after the date of enactment of this Act, the 
Administrator shall provide a plan to Congress for the disposition of 
the remaining Space Shuttle orbiters and other Space Shuttle program-
related hardware and facilities after the retirement of the Space 
Shuttle fleet. The plan shall include a process by which educational 
institutions and science museums and other appropriate organizations 
may acquire, through loan or disposal by the Federal Government, Space 
Shuttle program-related hardware. The Administrator shall not dispose 
of any Space Shuttle-related hardware prior to the completion of the 
plan.

SEC. 613. SPACE SHUTTLE TRANSITION LIAISON OFFICE.

    (a) Establishment.--The Administrator shall establish an office 
within NASA's Office of Human Capital Management that shall assist 
local communities affected by the termination of the Space Shuttle 
program. The office shall offer technical assistance and serve as a 
clearinghouse to assist communities in identifying services available 
from other Federal agencies.
    (b) Sunset.--The Office established under subsection (a) shall 
cease operations 24 months after the last Space Shuttle flight.

                      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.

    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 International Space Station and 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.

                     TITLE VIII--NEAR-EARTH OBJECTS

SEC. 801. IN GENERAL.

    The Congress reaffirms the policy direction established in the 
National Aeronautics and Space Administration Authorization Act of 2005 
(Public Law 109-155) for NASA to detect, track, catalogue, and 
characterize the physical characteristics of near-Earth objects equal 
to or greater than 140 meters in diameter. NASA's Near-Earth Object 
program activities will also provide benefits to NASA's scientific and 
exploration activities.

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, which scientists estimate 
        will in 2029 pass at a distance from Earth that is closer than 
        geostationary satellites; 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.

    Not later than 2 years after the date of enactment of this Act, the 
Director of 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 stake; 
        and
            (2) recommend a Federal agency or agencies to be 
        responsible for protecting the Nation from a near-Earth object 
        that is anticipated to collide with Earth and implementing a 
        deflection campaign, in consultation with international bodies, 
        should one be required.

SEC. 805. PLANETARY RADAR CAPABILITY.

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

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 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 two or more 
        commercial entities for a Phase 1 Commercial Orbital 
        Transportation Services (COTS) crewed vehicle demonstration 
        program.
    (b) COTS Crewed Vehicle Demonstration Program Authorization of 
Appropriations.--There are authorized to be appropriated to NASA for 
the program described in subsection (a)(4) $50,000,000 for fiscal year 
2009, to remain available until expended.
    (c) 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(a)(3), and for future fiscal years, for Orion Crew Exploration 
Vehicle development, Ares I Crew Launch Vehicle development, or 
International Space Station cargo delivery.
    (d) Additional Technologies Authorization of Appropriations.--There 
are authorized to be appropriated to NASA for the provision of 
International Space Station-compatible docking adaptors and other 
relevant technologies to be made available to the commercial crew 
providers selected to service the International Space Station 
$50,000,000, to remain available until expended.
    (e) 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.

                       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) Research Program on Space Weather and Aviation.--
            (1) Establishment.--The Administrator shall, in 
        coordination with the National Science Foundation, NOAA, and 
        other relevant agencies, initiate a research program to--
                    (A) conduct or supervise research projects on 
                impacts of space weather to aviation, including impacts 
                on communication, navigation, avionic systems, and 
                airline passengers and personnel; and
                    (B) facilitate the transfer of technology from 
                space weather research programs to Federal agencies 
                with operational responsibilities and to the private 
                sector.
            (2) Use of grants or cooperative agreements.--The 
        Administrator may use grants or cooperative agreements in 
        carrying out this subsection.
    (c) Assessment of the Impact of Space Weather on Aviation.--
            (1) Study.--The Administrator 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 least 
                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;
                    (C) provide recommendations on how NASA, NOAA, and 
                the National Science Foundation can most effectively 
                carry out research and monitoring activities related to 
                space weather and aviation; and
                    (D) provide recommendations on how to integrate 
                space weather information into the Next Generation Air 
                Transportation System.
            (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. SPACE TRAFFIC MANAGEMENT.

    (a) In General.--As more nations acquire the capabilities 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 nations.
    (b) Discussions.--The Administrator, in consultation with other 
appropriate agencies of the Federal Government, shall initiate 
discussions with the appropriate representatives of other spacefaring 
nations with the goal of determining an appropriate 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 
nations.

SEC. 1103. STUDY OF EXPORT CONTROL POLICIES RELATED TO CIVIL AND 
              COMMERCIAL SPACE ACTIVITIES.

    (a) Review.--The Director of OSTP shall carry out a study of the 
impact of current export control policies and implementation directives 
on the United States aerospace industry and its competitiveness in 
global markets, and on the ability of United States Government agencies 
to carry out cooperative activities in science and technology and human 
space flight, including the impact on research carried out under the 
sponsorship of those agencies.
    (b) Consultation.--In carrying out the study, the Director shall 
seek input from industry, academia, representatives of the science 
community, all affected United States Government agencies, and any 
other appropriate organizations and individuals.
    (c) Report.--The Director shall provide a report detailing the 
findings and recommendations of 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 9 
months after the date of enactment of this Act.

SEC. 1104. 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. 1105. 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. 1106. 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. 1107. 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 a space launch range 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. 1108. NASA OUTREACH AND TECHNOLOGY ASSISTANCE PROGRAM.

    (a) Establishment.--NASA shall contract with an organization that 
has demonstrated the ability to partner with NASA centers, aerospace 
contractors, and academic institutions to carry out a program to 
transfer the knowledge and technology of the space and aeronautics 
programs to small, minority-owned, and women-owned businesses in 
communities across the United States. The program shall support the 
mission of NASA's Innovative Partnerships Program to provide technical 
assistance through 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 technology transfer to the private sector 
        to produce viable commercial products.
            (2) Creating a network of academic institutions, aerospace 
        contractors, and NASA centers that will commit to donating 
        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 the Agency.
            (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.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to NASA for the program established under subsection (a), 
$4,000,000 for fiscal year 2009 from the funding available for the 
Innovative Partnerships Program, to remain available until expended.

SEC. 1109. 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 except for cause on charges 
of misconduct, delinquency, or inefficiency prior to December 31, 2010.

SEC. 1110. LIMIT ON THE USE OF TERM POSITIONS.

    NASA shall limit the percentage of employees in term positions, 
excluding students and cooperatives, within NASA to less than or equal 
to ten percent of the total number of non-Senior Executive Service, 
civil servant employees in fiscal year 2009.

SEC. 1111. TEMPORARY CONTINUATION OF COVERAGE OF HEALTH BENEFITS.

    (a) 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) Paragraph (1)(A) of such subsection (d) is amended by striking 
``(4) and (5)'' and inserting ``(4), (5), and (6)''.

SEC. 1112. SENSE OF CONGRESS.

    It is the sense of Congress that NASA should not dilute, distort, 
suppress, or impede scientific research or the dissemination thereof.

SEC. 1113. 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. 1114. 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. 1115. CHRISTA MCAULIFFE SCHOLARSHIP PROGRAM FOR FIELDS RELATED TO 
              THE MISSION OF NASA.

    The Administrator shall establish a scholarship program in honor of 
Christa McAuliffe, who died in the 1986 Challenger Space Shuttle 
Disaster. The scholarship fund would provide scholarships each year of 
$10,000 each to three women who are going to college to study in fields 
related to the mission of NASA, with the goal of seeking careers in 
space science, aeronautics, and other fields related to NASA.

            Passed the House of Representatives June 18, 2008.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.