[Congressional Record (Bound Edition), Volume 154 (2008), Part 16]
[House]
[Pages 22730-22744]
[From the U.S. Government Publishing Office, www.gpo.gov]




NATIONAL AERONAUTICS AND SPACE ADMINISTRATION AUTHORIZATION ACT OF 2008

  Mr. GORDON of Tennessee. Mr. Speaker, I move to suspend the rules and 
concur in the Senate amendment to the bill (H.R. 6063) to authorize the 
programs of the National Aeronautics and Space Administration, and for 
other purposes.
  The Clerk read the title of the bill.
  The text of the Senate amendment is as follows:

       Senate 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

[[Page 22731]]

     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.

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       (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.

[[Page 22733]]



     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

[[Page 22734]]

     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

[[Page 22735]]

     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

[[Page 22736]]

     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.

[[Page 22737]]

       (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

[[Page 22738]]

     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:

[[Page 22739]]

       (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.

[[Page 22740]]

       (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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Tennessee (Mr. Gordon) and the gentleman from Texas (Mr. Hall) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Tennessee.


                             General Leave

  Mr. GORDON of Tennessee. Mr. Speaker, I ask unanimous consent that 
all Members may have 5 legislative days to revise and extend their 
remarks and to include extraneous material on H.R. 6063, the bill now 
under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Tennessee?
  There was no objection.
  Mr. GORDON of Tennessee. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, I rise today to speak in strong support of H.R. 6063, 
the NASA Authorization Act of 2008, as amended by the Senate. As you 
know, the House first passed H.R. 6063 on June 18 by an overwhelming 
vote of 409-15. After receiving this strong bipartisan mandate, we 
worked with our counterparts in the Senate over the summer to ensure 
that the legislation before us today would continue to reflect the 
priorities and policies endorsed by this body.
  I believe that we succeeded in that effort, and I want to express my 
appreciation to the Space and Aeronautics Subcommittee Chair, Mr. Mark 
Udall, for his leadership in introducing this bill and successfully 
shepherding it through the legislative process.
  I also want to thank my friends on the minority, Ranking Member Ralph

[[Page 22741]]

Hall and subcommittee Ranking Member Tom Feeney for their constructive 
participation in the development of this legislation. Of course, I want 
to express my appreciation to Senators Bill Nelson and David Vitter for 
their efforts in helping to forge the bipartisan compromise that we 
will be voting on today.
  Finally, I want to thank the House and Senate staff on both sides of 
the aisle who tirelessly supported our efforts to get this legislation 
developed and enacted. In that regard I want to specifically recognize 
Dick Obermann, the staff director of the Space and Aeronautics 
Subcommittee; Pam Whitney, Allen Li, Devin Bryant, John Piazza and 
Wendy Adams of the committee's majority staff; as well as Ed Feddeman, 
Ken Monroe, Lee Arnold and Katy Crooks of the committee's minority 
staff.
  Mr. Speaker, I believe that the characterization of H.R. 6063 that I 
gave back in June is still very valid. The legislation before us today 
retains the key provisions and principles of that earlier version of 
the bill. As a result, I will not spend our limited time today 
describing the provisions of H.R. 6063 in detail. Instead, I would 
simply like to make the following points.
  H.R. 6063 is a fiscally responsible measure that sends a strong 
message to the next administration that Congress believes that 
investing in a balanced NASA program of science, aeronautics and human 
space flight and exploration is important and worthy of our Nation's 
support. I think that it is a valuable message for this Congress to 
send, especially as we witness the emergence of other spacefaring 
nations in the world who clearly recognize the value of such 
investments.
  This bill contains a number of provisions to ensure that NASA has 
properly structured human space flight, science and exploration 
programs that can deliver significant technological, scientific and 
geopolitical benefits to this Nation.
  H.R. 6063 also demonstrates that NASA's capabilities and programs are 
relevant to meeting our needs back here on Earth and that properly 
utilized, those capabilities and programs can deliver a significant 
societal economic return to our investment in NASA.
  This legislation includes provisions to ensure the future health of 
the Nation's aviation system and to develop the tools needed to better 
understand and respond to the challenges of climate change and the 
contribution to achievement of our Nation's innovative agenda
  The bill before us today is not identical to the one we passed in 
June, although it certainly retains the key provisions of the earlier 
version of this legislation. For example, it did not prove possible to 
retain the OSTP study of the impact of current export policies on 
commercial and civil space activities. I think it is very important 
that such a review occur, and I am disappointed that the provisions had 
to be dropped. But I am encouraged that there is likely to be movement 
on this issue once the next administration takes office.
  In terms of additions to the earlier versions of H.R. 6063, this bill 
contains a prohibition against NASA taking any steps prior to April 
30th of next year that would preclude the President from being able to 
continue to fly the Space Shuttle past 2010. That provision should not 
be construed as a congressional endorsement of extending the life of 
the shuttle program beyond the additional flight added by this bill to 
deliver the AMS to the International Space Station. Rather, it reflects 
our common belief that the decision of whether or not to extend the 
shuttle past its planned 2010 retirement date should be left to the 
next President and Congress, especially since both of the Presidential 
candidates have asked for that flexibility to make that decision.
  In addition, NASA has indicated that delaying the shuttle shutdown 
activities until at least April 30 of next year will not impose 
additional costs on the agency. So, on balance, I believe this is a 
reasonable provision to include in this amended version of H.R. 6063.
  Mr. Speaker, the House-passed version of H.R. 6063 was endorsed by a 
host of organizations, ranging from the Association of American 
Universities to the National Association of Manufacturers. I believe 
that they would agree that H.R. 6063, as amended by the Senate, is 
equally worthy of that support.
  As I mentioned earlier, we have worked hard to retain the key 
features of the House-passed bill, and I believe we are were successful 
in that effort.
  Mr. Speaker, next Wednesday marks the 50th anniversary of the day 
that the National Aeronautics and Space Administration officially 
opened for business. I can think of no more fitting birthday present 
that Congress could bestow than this legislation, the NASA 
Authorization Act of 2008, because it provides direction and support 
for the agency that will enable NASA during the next 50 years to be as 
productive and exciting as it was in the last 50 years.
  With that, I urge my colleagues to vote to suspend the rules and pass 
H.R. 6063 by an overwhelming margin so that we can send it on to the 
President for his signature.
  I reserve the balance of my time.
  Mr. HALL of Texas. Mr. Speaker, I yield myself such time as I may 
consume.
  I honor Chairman Gordon for pointing out that this year marks the 
50th anniversary of the National Aeronautics and Space Administration. 
We refer to it as NASA. It is a good time to reflect on really how far 
our Nation has come in a half century, but it is also an opportunity to 
reaffirm our commitment to space flight and innovation.
  H.R. 6063 authorizes NASA for fiscal year 2009. It is the product of 
close bipartisan and bicameral consultation and cooperation, and I urge 
its support.
  H.R. 6063 is a 1-year authorization. The intent of the bill is to 
keep NASA on its current path towards completing the International 
Space Station, transitioning between the Space Shuttle and the next 
crew vehicle, and maintaining a balanced set of science and aeronautics 
research programs. It also reaffirms Congress' long-standing commitment 
to NASA and to its programs.
  But by being a 1-year bill, H.R. 6063 is designed to give the next 
President an opportunity to work with the next Congress in order to 
fashion a long-term strategy that is consistent with the 
administration's desires, as well as Congress.
  H.R. 6063 contains a number of important provisions. It authorizes 
$20.2 billion for NASA for FY 2009, including $1 billion to accelerate 
development of the new Constellation crew vehicle launch system as a 
replacement for the space shuttle. This new launch system will provide 
our country with a modern, more robust and safer manned space flight 
capability that will enable our astronauts to fly out of low Earth 
orbit, an ability we haven't had since the retirements of Apollo over 
30 years ago.
  As we are debating the bill today, China has three men in orbit and 
the scheduled space walk took place earlier today. They are fast 
accelerating their space capabilities, and if we are to remain the 
leader in space exploration, we must continue to innovate and 
accelerate our programs.
  As most of you are aware, there is currently a substantial gap, as 
much as 5 years, between retiring the shuttle and bringing the next 
crew launch system online. During this gap, our Nation will be in the 
untenable position of relying on Russia to assure a U.S. presence on 
the international space station. I find this unacceptable. Therefore, I 
am pleased that this bill authorizes extra funding for the new launch 
system, thereby taking a step toward closing the gap and reducing our 
dependence on foreign partners.
  As this is only a 1-year bill, I look forward to working with the 
next administration to find further solutions to close the gap and 
preserve our own human space flight capabilities.
  The bill also includes a number of provisions to encourage NASA, 
working with the private sector, to foster development of domestic 
commercial cargo launch capability primarily designed to take supplies 
to the Space

[[Page 22742]]

Station. In addition, H.R. 6063 includes language directing NASA to 
solicit for commercial crew launch capability. Both of these provisions 
confirm our commitment to advancing American space capabilities rather 
than relying on foreign nations.
  In addition to human space flight, the bill also advances a balanced 
and robust space science, Earth science and aeronautics program. It 
embraces a number of recommendations that were put forth by witnesses 
from government, from industry, and I could name them, who testified at 
hearings before our committee over the previous 18 months.
  These are sensible provisions designed to strengthen aeronautics, 
space science and Earth science research programs, encourage technology 
risk reduction policies and activities, foster efficient technology 
transfer from NASA to other Federal agencies and to the private sector, 
detect and mitigate the threat of near-Earth objects and research and 
monitor the effect of space weather on satellites.
  The list is not exhaustive, but I want to mention these few examples 
to emphasize to all Members the breadth of this bill and how it 
improves upon many of NASA's activities and programs. Suffice it to say 
that NASA is one of the most exciting and innovative Federal agencies, 
and it serves as a huge inspiration to our young people to take a 
serious interest in math and science education.

                              {time}  1415

  It also continues to inspire Americans, and it draws the admiration 
of nations worldwide.
  On the fiftieth anniversary of NASA, we should all be proud of what 
our Nation has accomplished in the last half century. We should boldly 
push forward with the excitement, support and anticipation for what the 
next 50 years hold. I am convinced that our greatest accomplishment 
lies in the frontiers ahead.
  I want to thank Chairman Gordon and his staff. I want to thank my 
staff, Ed Feddeman and Ken Monroe. They worked closely with Dick 
Obermann.
  I also want to acknowledge the work of Senator Kay Bailey Hutchison 
and her capable staff. It's a good organization, and I appreciate all 
of them.
  Mr. Speaker, I reserve the balance of my time.
  Mr. GORDON of Tennessee. Mr. Speaker, I yield 5 minutes to my friend 
from Colorado (Mr. Udall) the chairman of the subcommittee and thank 
him for his good work on this legislation.
  Mr. UDALL of Colorado. Mr. Speaker, I support the passage of H.R. 
6063, the NASA Reauthorization Act of 2008, as amended by the Senate. 
H.R. 6063 provides important direction and ensures the leadership of 
the United States civil space programs and provides the next president 
with congressional priorities for America's future in aeronautics and 
civil space activities.
  I am very proud that this legislation has been a bipartisan effort 
every step of the way. Our bill passed quickly through the committee 
process, and on June 18 of this year, H.R. 6063 passed the House by the 
overwhelming margin of 409-15.
  Since that House passage, we have worked with our colleagues in the 
Senate to craft a final version that reflects the concerns and 
interests of Members in both Chambers of Congress. I am pleased that 
the Senate yesterday passed H.R. 6063, as amended, by unanimous 
consent.
  I would like to thank Chairman Gordon, Ranking Member Hall and 
subcommittee Ranking Member Feeney for their support and hard work on 
this bill.
  I think a special acknowledgment is due Congressman Lampson, who 
represents the great City of Houston, and who has been tireless in his 
support of NASA.
  I also wanted to point out, I think, the great model that Congressman 
Hall and Congressman Gordon present us here in our House, where they 
work together in a bipartisan fashion to make sure that NASA thrives, 
and is nurtured, and is in a position to excel in the years in front of 
us.
  I also want to also take a minute and thank the excellent staff on 
both the majority and minority side for their outstanding work. On the 
Democratic side of the aisle, Dick Obermann, Pam Whitney, Allen Li, and 
Devin Bryant have all been instrumental in moving this bill forward, as 
has Wendy Adams on my personal staff.
  I want to make special mention of Wendy. I know she is here on a 
Saturday, giving the extra effort that always characterizes her work on 
behalf of the committee and, in particular, the subcommittee.
  I also wanted to take another bit of time and mention Dick Obermann 
and tell him how much I respect him and how much I have enjoyed working 
with him on all my years on the committee. He is, as everybody knows in 
this House, the epitome of professionalism. The House, the aerospace 
community, and I would say our country is fortunate to have his talents 
and intelligence and work ethic deployed on behalf of all of us. Dick, 
I will miss you and look forward to working with you wherever I am next 
year.
  On the minority side, I want to thank Ed Feddeman, Kim Monroe and Lee 
Arnold for their efforts as well. We have truly worked together in a 
bipartisan fashion.
  Now while the amended bill leaves out a set of House-passed 
provisions, I am confident that H.R. 6063, as amended, remains a good 
bill and puts NASA in the civil space program on a path that will help 
ensure our leadership in aerospace and aeronautics.
  This year, as has been mentioned, we celebrate the 50th anniversary 
of the U.S. space program and the creation of the National Aeronautics 
and Space Administration. NASA has achieved remarkable accomplishments 
over the past decades in science and aeronautics and human space 
flight. All of us here want to ensure that the next 50 years of our 
space program are equally bright.
  This is a very good bill. I urge my colleagues to pass it, as 
amended, to ensure continued United States leadership in NASA's 
science, aeronautics and human space flight and exploration programs.
  Mr. HALL of Texas. Mr. Speaker, I might add on to the gentleman's 
statement about Mr. Obermann. I think I am the one that employed him. 
When I switched to be a Republican, I was going to try to make a 
Republican out of him, but I don't think I would have been able to do 
that.
  Mr. Speaker, I yield 5 minutes to the gentleman from California (Mr. 
Rohrabacher).
  Mr. ROHRABACHER. Mr. Speaker, I rise in strong support of the NASA 
Authorization Act, H.R. 6063. I would like to salute Chairman Bart 
Gordon and Ranking Member Ralph Hall and Subcommittee Chairman Udall 
and Ranking Member Feeney.
  They have done a terrific job this year. There has been no better 
example of bipartisan cooperation and a spirit of goodwill that I have 
ever found in this Congress than what I have found in these last 2 
years on this committee. I salute all those who are involved, and I am 
very proud to be part of this team.
  Space-based assets have become such a part of our way of life that 
quite often they are taken for granted. Just recently, when we 
experienced hurricanes and noted the damage that was done by these 
great natural catastrophes, sometimes people forget how much worse it 
would have been had we not been tracking these hurricanes as they 
headed towards populated areas.
  We were able to save many thousands of lives and save many billions 
of dollars in damage because we have had space-based assets that 
permitted us to be able to make that contribution to our fellow human 
beings, saving their lives and property in the face of an oncoming 
storm by giving them adequate warning.
  We also know that today our telephone calls are cheap, and they are 
clear. But this is dramatically different than what it was before we 
had space-based assets up there taking care of our communications.
  The fact is that space-based assets have permitted people to take 
time and to communicate with their loved ones.

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We talk about our country when we talk about life, liberty, and the 
pursuit of happiness, talking to your grandfather, or letting your 
children talk to their grandparents on the phone.
  When I was a kid, it cost maybe $5 or $6, and you could barely hear 
on the phone. You could barely hear. It was so expensive, you called 
once a month at the most. Now people can talk to their loved ones. 
Space-based assets have done this, have increased our happiness, our 
level of happiness in this world.
  Again, those communications satellites also have brought down the 
cost of entertainment, as we know. The fact is, the competition the 
space-based assets have given to the cable industry have brought down 
that cost.
  GPS guides us to our locations, whether we are talking about jets or 
talking about automobiles, or even where farmers will plant their 
crops. Space-based assets are making such a difference in our lives.
  Of course, space-based assets are making America much safer. When we 
meet adversaries overseas, our people have that advantage. It's keeping 
us free, it's keeping us safe.
  Of course, when you talk about safety, I have been particularly 
interested in ensuring that we pay attention to the potential threat 
posed by near-Earth objects. NASA, of course, has tracked and 
catalogued over 90 percent of those objects in space that could destroy 
the human race, and we are very grateful for that job. But that leaves, 
of course, thousands of space objects that could cause horrendous 
damage and loss of life that still need to be tracked.
  This bill authorizes $2 million to keep the Arecibo telescope 
functioning. That Arecibo telescope in Puerto Rico is essential to this 
element of safety that we are providing by tracking near-Earth objects.
  As I say, without the telescope, there may be, perhaps, something, if 
we learned early enough that we could deflect that might come here and 
kill millions of people. We are paying attention to this. This NASA 
authorization takes a step in the right direction there in keeping the 
Arecibo telescope alive.
  We should be cooperating in space. All of these things cost money, 
and other countries have benefited by our research. We need to 
cooperate with Europe, Japan, Russia, and other countries to make sure 
that we can accomplish what we can do more by joining them than if we 
were alone in this.
  However, that cooperation does not mean that we should not continue 
to be the leaders in space activity. We will no longer be the leading 
power on the Earth unless we are the leading power in space.
  This is the 50th anniversary of NASA, and it is fitting that we set 
our sights on continuing to be the world's leading power in space. We 
can lead humankind into a better era. We have done that in the cause of 
human freedom. We will do that in the cause of technology and human 
development.
  I stand here with pride and join my colleagues. I salute them for all 
the hard work they have done and in asking my colleagues to join me in 
authorizing NASA in this legislation.
  Mr. GORDON of Tennessee. Let me first thank my friend from California 
for his great contribution to our committee. As a former chairman of 
this subcommittee, he is both knowledgeable and always very helpful.
  I would like to now yield 3 minutes to a very enthusiastic supporter 
of NASA from Houston, Texas, the chairman of the Energy subcommittee, 
Mr. Lampson.
  Mr. LAMPSON. Thank you, Chairman Gordon, for giving me the time and 
also for the good work that you have done, not just in this bill, but 
in guiding this committee, this Science Committee, for a long period of 
time and the great successes, also, to Chairman Udall in working with 
you on this committee; Ranking Members Hall and Feeney for the work 
that you all have done and staff, obviously, in putting together, not 
just a good bill here, but making it a pleasure to work on the Science 
Committee for the last 2 years.
  Mr. Speaker, I rise in very strong support of this NASA Authorization 
Act. The $20 billion authorization demonstrates Congress' real 
commitment to a NASA that can fully address exploration and scientific 
discovery.
  I just read an article about the Chinese cheering as astronauts made 
their first space walk last night. It reminded me of what we have done 
over the last many decades, five decades, to be fairly precise, and how 
we seem to have lost some of the commitment, because we have seen the 
budget of NASA decline in the last many years from about 6 percent of 
our Nation's budget to about six-tenths of a percent of our Nation's 
budget.
  When you recognize that NASA inspires children to study math, 
science, and engineering and see that we have slipped in relation to 
other places in the world, some say because of that, maybe we really 
need another crisis. We need another Sputnik to inspire us to recommit 
ourselves to what we can learn in space and what we can do in 
exploration and science in space.
  Well, I maintain that we have those beeps that some of us heard from 
Sputnik in 1957, that every time something occurs like China's having 
its own space walker now, or another nation launching some special 
craft or accomplishing some other task, each one of those events is, 
indeed, a beep of that Sputnik that we heard in 1957. We need to make 
NASA a priority again in this country, because it has such an impact on 
our standing in the world, our knowledge and inspiration for children 
and certainly our own standard of living.
  I would mention two other programs that are included in this bill. 
One is called the Space Technical Alliance Outreach Program authorized 
in this bill. It helps small businesses grow, it creates jobs, 
contributes to our economy, as do many other things in the bill; as 
well as a little bitty program like allowing children in their own 
schools here on Earth to be able to take pictures from space that 
ultimately inspire them to want to study, and do study, more on those 
areas of math and science and engineering.
  I encourage each of my colleagues to vote positively on this bill and 
send a strong signal that we are committed to space and exploration.
  Mr. HALL of Texas. Mr. Speaker, I continue to reserve the balance of 
my time.
  Mr. GORDON of Tennessee. Mr. Speaker, I yield 2 minutes to my friend 
from Ohio (Mr. Kucinich).
  Mr. KUCINICH. I thank the gentleman.
  Mr. Speaker, I rise in strong support of H.R. 6063, the NASA 
Authorization Act of 2008.
  I want to thank the committee chairman, Bart Gordon, and the 
subcommittee chairman, Mark Udall, for putting together this effective 
package and my friends on the other side of the aisle for their support 
of it as well.

                              {time}  1430

  This bill authorizes funds and specifies policy guidance that will 
keep NASA's centers, which are the heart of the agency, healthy and 
financially strong.
  H.R. 6063 provides $1 billion to accelerate the completion of the 
next generation of manned vehicles that will replace the Space Shuttle. 
I am proud to say the world class facility at the NASA Glenn Research 
Center in my district will play a lead role in maintaining key aspects 
of tomorrow's space program.
  NASA Glenn also specializes in aeronautics basic research. This bill 
continues the record of excellence by providing $853 million for 
aeronautics, a 35 percent increase over fiscal year 2008.
  But the reason for NASA's historical and continued successes are its 
workers. They have brought NASA unparalleled repute around the world, 
turning it into an icon of intelligence and innovation. That is why 
this bill's most important provisions are those that protect workers.
  I want to thank the chairman of the Federal Workforce Subcommittee, 
Danny Davis, for working with me on two critical workforce provisions 
that are included in this bill. The most important provision is an 
extension of a

[[Page 22744]]

ban on layoffs until at least 2011. Since announcing the ambitious 
vision for space exploration, the administration has, unfortunately, 
underfunded NASA. But with equal consistency in a bipartisan way, 
Congress has rejected these cuts and layoffs.
  Layoffs undermine not only workers' lives and mission of the agency, 
but also the regional economy. According to researchers at Cleveland 
State University, NASA Glenn in Brook Park generated a demand for 
products and services of $955 million and was responsible for over 
6,000 jobs in northeast Ohio in 2006.
  This bill will also temporarily extend health care benefits for 
employees in transition. The sudden loss of health care coverage is a 
major factor currently discouraging employees from taking a buyout. The 
provision would be helpful in fostering a respectful workforce 
transition plan during this time at NASA.
  Again, this is a bipartisan bill. I want to thank the Ohio delegation 
for supporting our establishment as well as this Congress for the work 
that they have done on this.
  Mr. HALL of Texas. Mr. Speaker, I yield back the balance of my time.
  Mr. GORDON of Tennessee. Mr. Speaker, I will quickly conclude by 
saying that just because we have all talked nice here today and been 
civil and we have a bipartisan bill, doesn't mean that this was not a 
difficult bill to put together. A lot of work went into this, a lot of 
respectful collaboration on a bipartisan way. We have a good bill. I 
thank my friends for helping.
  Mr. GORDON of Tennessee. I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Tennessee (Mr. Gordon) that the House suspend the rules 
and concur in the Senate amendment to the bill, H.R. 6063.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the Senate amendment was concurred in.
  A motion to reconsider was laid on the table.

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