[House Report 110-702]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-702

======================================================================



 
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION AUTHORIZATION ACT OF 2008

                                _______
                                

  June 9, 2008.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mr. Gordon of Tennessee, from the Committee on Science and Technology, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 6063]

      [Including cost estimate of the Congressional Budget Office]

      The Committee on Science and Technology, to whom was 
referred the bill (H.R. 6063) to authorize the programs of the 
National Aeronautics and Space Administration, and for other 
purposes, having considered the same, report favorably thereon 
with an amendment and recommend that the bill as amended do 
pass.

                                CONTENTS

                                                                   Page
   I. Amendment.......................................................2
  II. Purpose of the Bill............................................18
 III. Background and Need for the Legislation........................18
  IV. Hearing Summaries..............................................19
   V. Committee Actions..............................................45
  VI. Summary of Major Provisions of the Bill as Reported............45
 VII. Section-by-Section Analysis of the Bill as Reported............46
VIII. Committee Views................................................53
  IX. Cost Estimate..................................................64
   X. Congressional Budget Office Cost Estimate......................64
  XI. Compliance With Public Law 104-4...............................67
 XII. Committee Oversight Findings and Recommendations...............67
XIII. Statement on General Performance Goals and Objectives..........67
 XIV. Constitutional Authority Statement.............................67
  XV. Federal Advisory Committee Statement...........................67
 XVI. Congressional Accountability Act...............................67
XVII. Earmark Identification.........................................67
XVIII.Statement on Preemption of State, Local, or Tribal Law.........67

 XIX. Changes in Existing Law Made by the Bill, as Reported..........67
  XX. Committee Recommendations......................................69
 XXI. Proceedings of the Subcommittee Markup.........................71
XXII. Proceedings of the Full Committee Markup......................117

                              I. Amendment

  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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.

                         TITLE III--AERONAUTICS

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

             TITLE IV--INTERNATIONAL EXPLORATION INITIATIVE

Sec. 401. Sense of Congress.
Sec. 402. Stepping stone approach to exploration.
Sec. 403. Lunar outpost.
Sec. 404. Exploration technology development.
Sec. 405. Exploration risk mitigation plan.
Sec. 406. Exploration crew rescue.
Sec. 407. Participatory exploration.
Sec. 408. Science and exploration.

                         TITLE V--SPACE SCIENCE

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

                       TITLE VI--SPACE OPERATIONS

                Subtitle A--International Space Station

Sec. 601. Utilization.
Sec. 602. Research management plan.
Sec. 603. Contingency plan for cargo resupply.

                       Subtitle B--Space Shuttle

Sec. 611. Flight manifest.
Sec. 612. Disposition of shuttle-related assets.
Sec. 613. Space Shuttle transition liaison office.

                      Subtitle C--Launch Services

Sec. 621. Launch services strategy.

                          TITLE VII--EDUCATION

Sec. 701. Response to review.
Sec. 702. External review of Explorer Schools program.

                     TITLE VIII--NEAR-EARTH OBJECTS

Sec. 801. In general.
Sec. 802. Findings.
Sec. 803. Requests for information.
Sec. 804. Establishment of policy.
Sec. 805. Planetary radar capability.
Sec. 806. Arecibo Observatory.

                    TITLE IX--COMMERCIAL INITIATIVES

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

       TITLE X--REVITALIZATION OF NASA INSTITUTIONAL CAPABILITIES

Sec. 1001. Review of information security controls.
Sec. 1002. Maintenance and upgrade of Center facilities.
Sec. 1003. Assessment of NASA laboratory capabilities.

                       TITLE XI--OTHER PROVISIONS

Sec. 1101. Space weather.
Sec. 1102. Space traffic management.
Sec. 1103. Study of export control policies related to civil and 
commercial space activities.
Sec. 1104. Astronaut health care.
Sec. 1105. National Academies decadal surveys.
Sec. 1106. Innovation prizes.
Sec. 1107. Commercial space launch range study.
Sec. 1108. NASA outreach and technology assistance program.

SEC. 2. FINDINGS.

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

SEC. 3. DEFINITIONS.

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

     TITLE I--AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2009

SEC. 101. FISCAL YEAR 2009.

  (a) Baseline Authorization.--There are authorized to be appropriated 
to NASA for fiscal year 2009 $19,210,000,000, as follows:
          (1) For Science, $4,932,200,000, of which--
                  (A) $1,518,000,000 shall be for Earth Science, 
                including $29,200,000 for Suborbital activities and 
                $2,500,000 for carrying out section 313 of the National 
                Aeronautics and Space Administration Authorization Act 
                of 2005 (Public Law 109-155);
                  (B) $1,483,000,000 shall be for Planetary Science, 
                including $486,500,000 for the Mars Exploration 
                program, $2,000,000 to continue planetary radar 
                operations at the Arecibo Observatory in support of the 
                Near-Earth Object program, and $5,000,000 for 
                radioisotope material production, to remain available 
                until expended;
                  (C) $1,290,400,000 shall be for Astrophysics, 
                including $27,300,000 for Suborbital activities;
                  (D) $640,800,000 shall be for Heliophysics, including 
                $50,000,000 for Suborbital activities; and
                  (E) $75,000,000 shall be for Cross-Science Mission 
                Directorate Technology Development, to be taken on a 
                proportional basis from the funding subtotals under 
                subparagraphs (A), (B), (C), and (D).
          (2) For Aeronautics, $853,400,000, of which $406,900,000 
        shall be for system-level research, development, and 
        demonstration activities related to--
                  (A) aviation safety;
                  (B) environmental impact mitigation, including noise, 
                energy efficiency, and emissions;
                  (C) support of the Next Generation Air Transportation 
                System initiative; and
                  (D) investigation of new vehicle concepts and flight 
                regimes.
          (3) For Exploration, $3,886,000,000, of which $100,000,000 
        shall be for the activities under sections 902(b) and 902(d); 
        and $737,800,000 shall be for Advanced Capabilities, including 
        $106,300,000 for the Lunar Precursor Robotic Program, 
        $276,500,000 for International Space Station-related research 
        and development activities, and $355,000,000 for research and 
        development activities not related to the International Space 
        Station.
          (4) For Education, $128,300,000.
          (5) For Space Operations, $6,074,700,000, of which--
                  (A) $150,000,000 shall be for an additional Space 
                Shuttle flight to deliver the Alpha Magnetic 
                Spectrometer to the International Space Station;
                  (B) $100,000,000 shall be to augment funding for 
                International Space Station Cargo Services to enhance 
                research utilization of the International Space 
                Station, to remain available until expended; and
                  (C) $50,000,000 shall be to augment funding for Space 
                Operations Mission Directorate reserves and Shuttle 
                Transition and Retirement activities.
          (6) For Cross-Agency Support Programs, $3,299,900,000.
          (7) For Inspector General, $35,500,000.
  (b)  Additional Authorization To Address Human Space Flight Gap.--In 
addition to the sums authorized by subsection (a), there are authorized 
to be appropriated for the purposes described in subsection (a)(3) 
$1,000,000,000 for fiscal year 2009, to be used to accelerate the 
initial operational capability of the Orion Crew Exploration Vehicle 
and the Ares I Crew Launch Vehicle and associated ground support 
systems, to remain available until expended.

                        TITLE II--EARTH SCIENCE

SEC. 201. GOAL.

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

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

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

SEC. 203. DECADAL SURVEY MISSIONS.

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

SEC. 204. TRANSITIONING EXPERIMENTAL RESEARCH INTO OPERATIONAL 
                    SERVICES.

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

SEC. 205. LANDSAT THERMAL INFRARED DATA CONTINUITY.

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

SEC. 206. REAUTHORIZATION OF GLORY MISSION.

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

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

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

                         TITLE III--AERONAUTICS

SEC. 301. ENVIRONMENTALLY FRIENDLY AIRCRAFT RESEARCH AND DEVELOPMENT 
                    INITIATIVE.

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

SEC. 302. RESEARCH ALIGNMENT.

  In addition to pursuing the research and development initiative 
described in section 301, the Administrator shall, to the maximum 
extent practicable within available funding, align the fundamental 
aeronautics research program to address high priority technology 
challenges of the National Academies' Decadal Survey of Civil 
Aeronautics, and shall work to increase the degree of involvement of 
external organizations, and especially of universities, in the 
fundamental aeronautics research program.

SEC. 303. RESEARCH PROGRAM TO DETERMINE PERCEIVED IMPACT OF SONIC 
                    BOOMS.

  (a) In General.--The ability to fly commercial aircraft over land at 
supersonic speeds without adverse impacts on the environment or on 
local communities would open new markets and enable new transportation 
capabilities. In order to have the basis for establishing an 
appropriate sonic boom standard for such flight operations, a research 
program is needed to assess the impact in a relevant environment of 
commercial supersonic flight operations.
  (b) Establishment.--The Administrator shall establish a cooperative 
research program with industry, including the conduct of flight 
demonstrations in a relevant environment, to collect data on the 
perceived impact of sonic booms that would enable the promulgation of a 
standard that would have to be met for overland commercial supersonic 
flight operations.

SEC. 304. EXTERNAL REVIEW OF NASA'S AVIATION SAFETY-RELATED RESEARCH 
                    PROGRAMS.

  (a) Review.--The Administrator shall enter into an arrangement with 
the National Research Council for an independent review of NASA's 
aviation safety-related research programs. The review shall assess 
whether--
          (1) the programs have well-defined, prioritized, and 
        appropriate research objectives;
          (2) the programs are properly coordinated with the safety 
        research programs of the Federal Aviation Administration and 
        other relevant Federal agencies;
          (3) the programs have allocated appropriate resources to each 
        of the research objectives; and
          (4) suitable mechanisms exist for transitioning the research 
        results from the programs into operational technologies and 
        procedures and certification activities in a timely manner.
  (b) Report.--Not later than 14 months after the date of enactment of 
this Act, the Administrator shall submit to the Committee on Science 
and Technology of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a report on the 
results of the review.

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

  (a) In General.--The Administrator, in coordination with the United 
States Climate Change Science Program and other appropriate agencies, 
shall establish a research initiative to assess the impact of aviation 
on the climate and, if warranted, to evaluate approaches to mitigate 
that impact.
  (b) Research Plan.--Not later than 1 year after the date of enactment 
of this Act, the participating Federal entities shall jointly develop a 
plan for the research initiative that contains objectives, proposed 
tasks, milestones, and a 5-year budgetary profile.
  (c) Review.--The Administrator shall enter into an arrangement with 
the National Research Council for conducting an independent review of 
the interagency research program plan, and shall provide the results of 
that review 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 2 years after the date of 
enactment of this Act.

SEC. 306. RESEARCH PROGRAM ON DESIGN FOR CERTIFICATION.

  (a) Program.--Not later than 6 months after the date of enactment of 
this Act, NASA, in consultation with other appropriate agencies, shall 
establish a research program on methods to improve both confidence in 
and the timeliness of certification of new technologies for their 
introduction into the national airspace system.
  (b) Research Plan.--Not later than 1 year after the date of enactment 
of this Act, as part of the activity described in subsection (a), NASA 
shall develop a plan for the research program that contains objectives, 
proposed tasks, milestones, and a 5-year budgetary profile.
  (c) Review.--The Administrator shall enter into an arrangement with 
the National Research Council for conducting an independent review of 
the research program plan, and shall provide the results of that review 
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 2 years after the date of 
enactment of this Act.

SEC. 307. AVIATION WEATHER RESEARCH.

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

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

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

SEC. 309. FUNDING FOR RESEARCH AND DEVELOPMENT ACTIVITIES IN SUPPORT OF 
                    OTHER MISSION DIRECTORATES.

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

SEC. 310. UNIVERSITY-BASED CENTERS FOR RESEARCH ON AVIATION TRAINING.

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

             TITLE IV--INTERNATIONAL EXPLORATION INITIATIVE

SEC. 401. SENSE OF CONGRESS.

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

SEC. 402. STEPPING STONE APPROACH TO EXPLORATION.

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

SEC. 403. LUNAR OUTPOST.

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

SEC. 404. EXPLORATION TECHNOLOGY DEVELOPMENT.

  (a) In General.--A robust program of long-term exploration-related 
technology research and development will be essential for the success 
and sustainability of any enduring initiative of human and robotic 
exploration of the solar system.
  (b) Establishment.--The Administrator shall establish and maintain a 
program of long-term exploration-related technology research and 
development that is not tied to specific flight projects and that has a 
funding goal of at least 10 percent of the total budget of the 
Exploration Systems Mission Directorate.
  (c) Goals.--The long-term technology program shall have the goal of 
having at least 50 percent of the funding allocated to external grants 
and contracts with universities, research institutions, and industry.

SEC. 405. EXPLORATION RISK MITIGATION PLAN.

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

SEC. 406. EXPLORATION CREW RESCUE.

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

SEC. 407. PARTICIPATORY EXPLORATION.

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

SEC. 408. SCIENCE AND EXPLORATION.

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

                         TITLE V--SPACE SCIENCE

SEC. 501. TECHNOLOGY DEVELOPMENT.

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

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

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

SEC. 503. MARS EXPLORATION.

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

SEC. 504. IMPORTANCE OF A BALANCED SCIENCE PROGRAM.

  It is the sense of Congress that a balanced and adequately funded set 
of activities, consisting of NASA's research and analysis grants 
programs, technology development, small, medium-sized, and large space 
science missions, and suborbital research activities, contributes to a 
robust and productive science program and serves as a catalyst for 
innovation. It is further the sense of Congress that suborbital flight 
activities, including the use of sounding rockets, aircraft, and high-
altitude balloons, offer valuable opportunities to advance science, 
train the next generation of scientists and engineers, and provide 
opportunities for participants in the programs to acquire skills in 
systems engineering and systems integration that are critical to 
maintaining the Nation's leadership in space programs. The Congress 
believes that it is in the national interest to expand the size of 
NASA's suborbital research program.

SEC. 505. RESTORATION OF RADIOISOTOPE THERMOELECTRIC GENERATOR MATERIAL 
                    PRODUCTION.

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

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

  (a) Assessment.--The Administrator shall enter into an arrangement 
with the National Academies to assess impediments to the successful 
conduct of interagency cooperation on space and Earth science missions, 
to provide lessons learned and best practices, and to recommend steps 
to help facilitate successful interagency collaborations on space and 
Earth science missions.
  (b) Report.--The report of the assessment carried out under 
subsection (a) shall be transmitted to the Committee on Science and 
Technology of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate not later than 15 
months after the date of enactment of this Act.

SEC. 507. ASSESSMENT OF COST GROWTH.

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

SEC. 508. OUTER PLANETS EXPLORATION.

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

                       TITLE VI--SPACE OPERATIONS

                Subtitle A--International Space Station

SEC. 601. UTILIZATION.

  The Administrator shall take all necessary steps to ensure that the 
International Space Station remains a viable and productive facility 
capable of potential United States utilization through at least 2020 
and shall take no steps that would preclude its continued operation and 
utilization by the United States after 2016.

SEC. 602. RESEARCH MANAGEMENT PLAN.

  (a) Research Management Plan.--The Administrator shall develop a 
research management plan for the International Space Station. The plan 
shall include a process for selecting and prioritizing research 
activities (including fundamental, applied, commercial, and other 
research) for flight on the International Space Station. This plan 
shall be used to prioritize resources such as crew time, racks and 
equipment, and United States access to international research 
facilities and equipment. The plan shall also identify the organization 
to be responsible for managing United States research on the 
International Space Station, including a description of the 
relationship of the management institution with NASA (e.g., internal 
NASA office, contract, cooperative agreement, or grant), the estimated 
length of time for the arrangement, and the budget required to support 
the management institution. The plan shall be developed in consultation 
with other Federal agencies, academia, industry, and other relevant 
stakeholders. The plan shall be transmitted to Congress not later than 
12 months after the date of enactment of this Act.
  (b) Access to National Laboratory.--The Administrator shall--
          (1) establish a process by which to support International 
        Space Station National Laboratory users in identifying their 
        requirements for transportation of research supplies to and 
        from the International Space Station, and for communicating 
        those requirements to NASA and International Space Station 
        transportation services providers; and
          (2) develop an estimate of the transportation requirements 
        needed to support users of the International Space Station 
        National Laboratory and develop a plan for satisfying those 
        requirements by dedicating a portion of volume on NASA supply 
        missions to the International Space Station and missions 
        returning from the International Space Station to Earth.
  (c) Assessment.--The Administrator shall--
          (1) identify existing research equipment and racks and 
        support equipment that are manifested for flight;
          (2) provide a detailed description of the status of research 
        equipment and facilities that were completed or in development 
        prior to being cancelled, and provide the budget and milestones 
        for completing and preparing the equipment for flight on the 
        International Space Station; and
          (3) provide the results of the assessment to the Committee on 
        Science and Technology of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of the 
        Senate not later than 18 months after the date of enactment of 
        this Act.
  (d) Advisory Committee.--Not later than 1 year after the date of 
enactment of this Act, the Administrator shall establish an advisory 
panel under the Federal Advisory Committee Act to monitor the 
activities and management of the International Space Station National 
Laboratory.

SEC. 603. CONTINGENCY PLAN FOR CARGO RESUPPLY.

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

                       Subtitle B--Space Shuttle

SEC. 611. FLIGHT MANIFEST.

  (a) Baseline Manifest.--In addition to the Space Shuttle flights 
listed as part of the baseline flight manifest as of January 1, 2008, 
the Utilization flights ULF-4 and ULF-5 shall be considered part of the 
Space Shuttle baseline flight manifest and shall be flown prior to the 
retirement of the Space Shuttle.
  (b) Additional Flight To Deliver the Alpha Magnetic Spectrometer to 
the International Space Station.--In addition to the flying of the 
baseline manifest as described in subsection (a), the Administrator 
shall take all necessary steps to fly one additional Space Shuttle 
flight to deliver the Alpha Magnetic Spectrometer to the International 
Space Station prior to the retirement of the Space Shuttle.
  (c) Space Shuttle Retirement Date.--The Space Shuttle shall be 
retired following the completion of the baseline flight manifest and 
the flight of the additional flight specified in subsection (b), events 
that are anticipated to occur in 2010.

SEC. 612. DISPOSITION OF SHUTTLE-RELATED ASSETS.

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

SEC. 613. SPACE SHUTTLE TRANSITION LIAISON OFFICE.

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

                      Subtitle C--Launch Services

SEC. 621. LAUNCH SERVICES STRATEGY.

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

                          TITLE VII--EDUCATION

SEC. 701. RESPONSE TO REVIEW.

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

SEC. 702. EXTERNAL REVIEW OF EXPLORER SCHOOLS PROGRAM.

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

                     TITLE VIII--NEAR-EARTH OBJECTS

SEC. 801. IN GENERAL.

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

SEC. 802. FINDINGS.

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

SEC. 803. REQUESTS FOR INFORMATION.

  The Administrator shall issue requests for information on--
          (1) a low-cost space mission with the purpose of 
        rendezvousing with, attaching a tracking device, and 
        characterizing the Apophis asteroid, which scientists estimate 
        will in 2029 pass at a distance from Earth that is closer than 
        geostationary satellites; and
          (2) a medium-sized space mission with the purpose of 
        detecting near-Earth objects equal to or greater than 140 
        meters in diameter.

SEC. 804. ESTABLISHMENT OF POLICY.

  Not later than 2 years after the date of enactment of this Act, the 
Director of OSTP shall--
          (1) develop a policy for notifying Federal agencies and 
        relevant emergency response institutions of an impending near-
        Earth object threat, if near term public safety is at stake; 
        and
          (2) recommend a Federal agency or agencies to be responsible 
        for protecting the Nation from a near-Earth object that is 
        anticipated to collide with Earth and implementing a deflection 
        campaign, in consultation with international bodies, should one 
        be required.

SEC. 805. PLANETARY RADAR CAPABILITY.

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

SEC. 806. ARECIBO OBSERVATORY.

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

                    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.

SEC. 902. COMMERCIAL CREW INITIATIVE.

  (a) In General.--In order to stimulate commercial use of space, help 
maximize the utility and productivity of the International Space 
Station, and enable a commercial means of providing crew transfer and 
crew rescue services for the International Space Station, NASA shall--
          (1) make use of United States commercially provided 
        International Space Station crew transfer and crew rescue 
        services to the maximum extent practicable, if those commercial 
        services have demonstrated the capability to meet NASA-
        specified ascent, entry, and International Space Station 
        proximity operations safety requirements;
          (2) limit, to the maximum extent practicable, the use of the 
        Crew Exploration Vehicle to missions carrying astronauts beyond 
        low Earth orbit once commercial crew transfer and crew rescue 
        services that meet safety requirements become operational;
          (3) facilitate, to the maximum extent practicable, the 
        transfer of NASA-developed technologies to potential United 
        States commercial crew transfer and rescue service providers, 
        consistent with United States law; and
          (4) issue a notice of intent, not later than 180 days after 
        the date of enactment of this Act, to enter into a funded, 
        competitively awarded Space Act Agreement with two or more 
        commercial entities for a Phase 1 Commercial Orbital 
        Transportation Services (COTS) crewed vehicle demonstration 
        program.
  (b) COTS Crewed Vehicle Demonstration Program Authorization of 
Appropriations.--There are authorized to be appropriated to NASA for 
the program described in subsection (a)(4) $50,000,000 for fiscal year 
2009, to remain available until expended.
  (c) Congressional Intent.--It is the intent of Congress that funding 
for the program described in subsection (a)(4) shall not come at the 
expense of full funding of the amounts authorized under section 
101(a)(3), and for future fiscal years, for Orion Crew Exploration 
Vehicle development, Ares I Crew Launch Vehicle development, or 
International Space Station cargo delivery.
  (d) Additional Technologies Authorization of Appropriations.--There 
are authorized to be appropriated to NASA for the provision of 
International Space Station-compatible docking adaptors and other 
relevant technologies to be made available to the commercial crew 
providers selected to service the International Space Station 
$50,000,000, to remain available until expended.
  (e) Crew Transfer and Crew Rescue Services Contract.--If a commercial 
provider demonstrates the capability to provide International Space 
Station crew transfer and crew rescue services and to satisfy NASA 
ascent, entry, and International Space Station proximity operations 
safety requirements, NASA shall enter into an International Space 
Station crew transfer and crew rescue services contract with that 
commercial provider for a portion of NASA's anticipated International 
Space Station crew transfer and crew rescue requirements from the time 
the commercial provider commences operations under contract with NASA 
through calendar year 2016, with an option to extend the period of 
performance through calendar year 2020.

       TITLE X--REVITALIZATION OF NASA INSTITUTIONAL CAPABILITIES

SEC. 1001. REVIEW OF INFORMATION SECURITY CONTROLS.

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

SEC. 1002. MAINTENANCE AND UPGRADE OF CENTER FACILITIES.

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

SEC. 1003. ASSESSMENT OF NASA LABORATORY CAPABILITIES.

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

                       TITLE XI--OTHER PROVISIONS

SEC. 1101. SPACE WEATHER.

  (a) Plan for Replacement of Advanced Composition Explorer at L-1 
Lagrangian Point.--
          (1) Plan.--The Director of OSTP shall develop a plan for 
        sustaining space-based measurements of solar wind from the L-1 
        Lagrangian point in space and for the dissemination of the data 
        for operational purposes. OSTP shall consult with NASA, NOAA, 
        and other Federal agencies, and with industry, in developing 
        the plan.
          (2) Report.--The Director shall transmit the plan to Congress 
        not later than 1 year after the date of enactment of this Act.
  (b) Research Program on Space Weather and Aviation.--
          (1) Establishment.--The Administrator shall, in coordination 
        with the National Science Foundation, NOAA, and other relevant 
        agencies, initiate a research program to--
                  (A) conduct or supervise research projects on impacts 
                of space weather to aviation, including impacts on 
                communication, navigation, avionic systems, and airline 
                passengers and personnel; and
                  (B) facilitate the transfer of technology from space 
                weather research programs to Federal agencies with 
                operational responsibilities and to the private sector.
          (2) Use of grants or cooperative agreements.--The 
        Administrator may use grants or cooperative agreements in 
        carrying out this subsection.
  (c) Assessment of the Impact of Space Weather on Aviation.--
          (1) Study.--The Administrator shall enter into an arrangement 
        with the National Research Council for a study of the impacts 
        of space weather on the current and future United States 
        aviation industry, and in particular to examine the risks for 
        Over-The-Pole (OTP) and Ultra-Long-Range (ULR) operations. The 
        study shall--
                  (A) examine space weather impacts on at least 
                communications, navigation, avionics, and human health 
                in flight;
                  (B) assess the benefits of space weather information 
                and services to reduce aviation costs and maintain 
                safety;
                  (C) provide recommendations on how NASA, NOAA, and 
                the National Science Foundation can most effectively 
                carry out research and monitoring activities related to 
                space weather and aviation; and
                  (D) provide recommendations on how to integrate space 
                weather information into the Next Generation Air 
                Transportation System.
          (2) Report.--A report containing the results of the study 
        shall be provided to the Committee on Science and Technology of 
        the House of Representatives and the Committee on Commerce, 
        Science, and Transportation of the Senate not later than 1 year 
        after the date of enactment of this Act.

SEC. 1102. SPACE TRAFFIC MANAGEMENT.

  (a) In General.--As more nations acquire the capabilities for 
launching payloads into outer space, there is an increasing need for a 
framework under which information intended to promote safe access into 
outer space, operations in outer space, and return from outer space to 
Earth free from physical or radio-frequency interference can be shared 
among those nations.
  (b) Discussions.--The Administrator, in consultation with other 
appropriate agencies of the Federal Government, shall initiate 
discussions with the appropriate representatives of other spacefaring 
nations with the goal of determining an appropriate framework under 
which information intended to promote safe access into outer space, 
operations in outer space, and return from outer space to Earth free 
from physical or radio-frequency interference can be shared among those 
nations.

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

  (a) Review.--The Director of OSTP shall carry out a study of the 
impact of current export control policies and implementation directives 
on the United States aerospace industry and its competitiveness in 
global markets, and on the ability of United States Government agencies 
to carry out cooperative activities in science and technology and human 
space flight, including the impact on research carried out under the 
sponsorship of those agencies.
  (b) Consultation.--In carrying out the study, the Director shall seek 
input from industry, academia, representatives of the science 
community, all affected United States Government agencies, and any 
other appropriate organizations and individuals.
  (c) Report.--The Director shall provide a report detailing the 
findings and recommendations of the study to the Committee on Science 
and Technology of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate not later than 9 
months after the date of enactment of this Act.

SEC. 1104. ASTRONAUT HEALTH CARE.

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

SEC. 1105. NATIONAL ACADEMIES DECADAL SURVEYS.

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

SEC. 1106. INNOVATION PRIZES.

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

SEC. 1107. COMMERCIAL SPACE LAUNCH RANGE STUDY.

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

SEC. 1108. NASA OUTREACH AND TECHNOLOGY ASSISTANCE PROGRAM.

  (a) Establishment.--NASA shall contract with an organization that has 
demonstrated the ability to partner with NASA centers, aerospace 
contractors, and academic institutions to carry out a program to 
transfer the knowledge and technology of the space and aeronautics 
programs to small businesses in communities across the United States. 
The program shall support the mission of NASA's Innovative Partnerships 
Program to provide technical assistance through joint partnerships with 
industry, academia, government agencies, and national laboratories.
  (b) Program Structure.--In carrying out the program described in 
subsection (a), the organization shall support the mission of NASA's 
Innovative Partnerships Program by undertaking the following 
activities:
          (1) Facilitating technology transfer to the private sector to 
        produce viable commercial products.
          (2) Creating a network of academic institutions, aerospace 
        contractors, and NASA centers that will commit to donating 
        technical assistance to small businesses.
          (3) Creating a network of economic development organizations 
        to increase the awareness and enhance the effectiveness of the 
        program nationwide.
  (c) Report.--Not later than 1 year after the date of enactment of 
this Act, and annually thereafter, the Administrator shall submit a 
report to the Committee on Science and Technology of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate describing the efforts and accomplishments 
of the program established under subsection (a) in support of NASA's 
Innovative Partnerships Program. As part of the report, the 
Administrator shall provide--
          (1) data on the number of small businesses receiving 
        assistance, jobs created and retained, and volunteer hours 
        donated by NASA, contractors, and academic institutions 
        nationwide;
          (2) an estimate of the total dollar value of the economic 
        impact made by small businesses that received technical 
        assistance through the program; and
          (3) an accounting of the use of funds appropriated for the 
        program.
  (d) Authorization of Appropriations.--There are authorized to be 
appropriated to NASA for the program established under subsection (a), 
$4,000,000 for fiscal year 2009 from the funding available for the 
Innovative Partnerships Program, to remain available until expended.

                        II. Purpose of the Bill

    The purpose of this bill is to reauthorize the science, 
aeronautics, and human space flight programs of the National 
Aeronautics and Space Administration (NASA) for fiscal year 
2009, and address space and aeronautics policy and programmatic 
issues.

              III. Background and Need for the Legislation

    This year marks the 50th anniversary of the establishment 
of NASA and the dawn of the United States' space program. The 
NASA Authorization Act of 2005 provided policy and programmatic 
guidance for NASA that made clear that NASA is and should 
remain a multimission agency with a balanced portfolio of 
programs in science, aeronautics, and human space flight, 
including human and robotic exploration beyond low Earth orbit. 
The NASA Authorization Act of 2008 reaffirms the basic 
principles espoused in the earlier NASA Authorization, while 
emphasizing the importance of NASA leadership in Earth 
observations and research, aeronautics R&D to address critical 
national needs, and an exploration program strengthened by 
international cooperation under strong U.S. leadership. The 
need for the legislation at this time is both the pending 
expiration of the current authorization and the upcoming change 
in Administration. Without a clear statement of congressional 
priorities and policies for NASA, the nation runs the risk of 
wasting both time and resources as we transition from one 
Administration to the next.

                         IV. Hearing Summaries

    The House Committee on Science and Technology and its 
Subcommittee on Space and Aeronautics have held 17 hearings 
relevant to H.R. 6063 during the 110th Congress.
    On Tuesday, February 13, 2007, the Committee on Science and 
Technology held a hearing to examine the findings and 
recommendations of the National Academies report, ``Earth 
Science and Applications from Space: National Imperatives for 
the Next Decade and Beyond,'' also known as the Decadal Survey.
    Three witnesses testified: Dr. Richard Anthes, President of 
the University Corporation for Atmospheric Research (UCAR); Dr. 
Berrien Moore, Professor and Director of the Institute for the 
Study of Earth, Oceans, and Space at the University of New 
Hampshire; the Honorable James Geringer, Director of Policy at 
the Environmental Systems Research Institute in Wyoming and 
former Governor of Wyoming.
    Chairman Gordon opened the hearing by referring to the 
conclusions of the Intergovernmental Panel on Climate Change. 
He stressed the fact that we need a robust system of 
environmental satellites, investment in which is necessary to 
be sure that we have the correct data in place to ensure that 
we make the necessary changes to address climate change.
    Ranking Member Hall agreed with Mr. Gordon about the 
importance of federal planning and funding to ensure the 
success of future Earth-observing missions and stressed the 
value in monitoring and measuring drought conditions. He closed 
by emphasizing his support for the Decadal Survey, though he 
stated his intention to discover the most important 
recommendations to implement in light of budget constraints.
    Dr. Anthes expressed his concern that the capability of the 
Earth observation program will dramatically diminish over the 
next five to ten years. He explained that a lack of funding for 
the program will result in a decline in the quality of Earth 
Science research which will decrease the accuracy of weather 
forecasts and warnings. He closed by describing the recommended 
plan to undertake 17 new NASA and NOAA missions. Dr. Moore 
explained that the NASA Earth Science budget has declined by a 
third since the year 2000. He suggested that NASA invest $10 
million per year per mission in order to begin to implement the 
Decadal Survey. He closed by listing some of the potential 
benefits to increasing funding, such as monitoring faults and 
crustal movements, climate predictions, and urban pollution 
management. Mr. Geringer addressed the drought situation in the 
western states, and pointed out that it is more economically 
sound to invest in satellites and observation information to 
lessen the effects of a drought than to spend even more federal 
dollars in drought assistance after the fact. He predicted that 
the decline in our Earth observation capability will lead to a 
decline in our competitiveness and have detrimental effects on 
the nation's agriculture.
    On Thursday, March 15, 2007 at 10 a.m., the Committee on 
Science and Technology held a hearing on the National 
Aeronautics and Space Administration's (NASA) Fiscal Year 2008 
Budget Request and NASA's proposed Fiscal Year 2007 Operating 
Plan.
    One witness testified: Dr. Michael D. Griffin, the 
Administrator of the National Aeronautics and Space 
Administration.
    Dr. Griffin answered questions regarding the difficulties 
NASA faces with the 2008 budget. All members present agreed 
that NASA is greatly under-funded, and had questions for the 
Administrator as to what programs were limited by the budget, 
as well as the timeline for programs that are scheduled. 
Chairman of the Committee Bart Gordon (D-TN) was specifically 
concerned with why NASA's proposed budget was lower than that 
agreed upon with OMB from the previous year. Gordon stated that 
NASA's budget, ``includes an estimated shortfall of almost a 
billion dollars in the ISS crew and cargo service funding, does 
not include funds to address the Space Shuttle program 
termination and retirement costs past fiscal year 2001,'' and, 
additionally that, ``it reduces the amount of Space Shuttle 
reserves available to address remaining Shuttle programming 
threats during the remaining missions.'' Dr. Griffin 
acknowledged the disparities between the previous agreement and 
the current budget, but would not respond as to whether these 
changes were due to NASA's own doing or a result of the ideas 
of the OMB.
    Ranking Member Hall (R-TX) focused on the issue of crew 
safety, requesting to be assured that the CEV crew escape 
system would be capable of safely jettisoning the entire crew 
in the event of a catastrophic accident. Dr. Griffin confirmed 
that this safety measure would be in place. He went on to 
question Dr. Griffin on the status of the SOFIA mission, which 
Griffin said to be ``back on track.''
    Congressman Nick Lampson (D-TX), Mr. Hall (R-TX), and 
Congressman Mark Udall, Chairman of the Space and Aeronautics 
Subcommittee (D-CO), all had questions addressing the CEV 
program, such as whether funding was sufficient to continue the 
program on schedule and the current projected date of launch. 
CEV had been delayed to March 2015, and when Mr. Lampson asked 
what monetary amount would be needed in 2008 to move up to a 
2014 launch date, Dr. Griffin responded, ``. . . the funding we 
would need to return to the Orion and Ares systems, CEV, to a 
2014 capability is not needed in 2008. It would be needed in 
2009 and 2010. And the funding requirement would be $350 
million in 2009 and $400 million in 2010.'' He gave a detailed 
response as to why the launch of CEV was moved to March 2015, 
which was a question asked by more than one member. He said 
that this date was chosen after delays due to redirecting funds 
to the Space Shuttle and Space Station, rescissions for Katrina 
and other reasons, and, finally, a decrease in money projected 
to be available to NASA. The delay was originally predicted to 
last until September 2015, but lower-priority endeavors were 
dropped in order to allow for the March date. Because of the 
approaching five-year hiatus of United States human space 
flight between the 2010 retirement of the Space Shuttle and the 
launching of CEV, Congressman Ken Calvert (R-CA) and others 
were concerned with the lack of a NASA presence in low-Earth 
orbit. Griffin explained that NASA will be relying on Russians 
and, he hopes, indigenous commercial transport services to 
deliver cargo to and from the Space Station. This being said, 
Mr. Calvert opened questioning regarding the competitiveness of 
NASA in comparison to emerging space programs, such as in 
China. Dr. Griffin responded that China's space program, though 
in its infancy, has 200,000 people working on their program, 
contrasted with the 75,000 people working on the United States 
program. His testimony indicated the actuality that the United 
States may lose much of its dominance in space over the next 
few years, and that China could be on the Moon before NASA 
returns. In response to Mr. Udall's questions as to whether 
research was being done from the Space Station, Dr. Griffin 
said that there have been several published studies, and that 
such studies will increase when the Space Station is no longer 
under construction. Chairman Gordon and Subcommittee Chairman 
Udall were also interested in NASA's implementation of Earth 
science research in accordance with the National Academies' 
recommendations. Griffin did not offer specific plans to 
address these recommendations, but did say that NASA's 
priorities are, in his words, ``strongly influenced by the 
Decadal Surveys that we get from the National Academies.''
    On Thursday, March 22, 2007 at 10:00 a.m., the Committee on 
Science and Technology, Subcommittee on Space and Aeronautics 
held a hearing to review the FY 2008 budget request for the 
Federal Aviation Administration's (FAA) research and 
development (R&D) programs and to examine current and potential 
R&D priorities, including support for the Next Generation Air 
Transportation System (NextGen).
    Four witnesses testified: Ms. Victoria Cox, Vice President 
for Operations Planning, Air Traffic Organization, Federal 
Aviation Administration; Dr. R. John Hansman, Co-Chair, FAA 
Research, Engineering and Development Advisory Committee, 
Professor of Aeronautics and Astronautics, Director, MIT 
International Center for Air Transportation; Dr. Donald 
Wuebbles, Chair, Workshop on the Impacts of Aviation on Climate 
Change, Department Head and Professor, Department of 
Atmospheric Sciences, University of Illinois-Urbana Champaign; 
Mr. Steve Alterman, President, Cargo Airline Association, 
Chairman, Environment Subcommittee, FAA Research, Engineering 
and Development Advisory Committee.
    Chairman Udall noted that the hearing is timely because FAA 
reauthorization is due this year. He spoke of his concern over 
NASA's reduced funding commitment to aeronautics research. He 
also noted that the impact of aviation on climate change is 
receiving increasing attention. Representative Calvert seconded 
concerns about NASA's research, and wondered whether FAA's 
research funding is adequate.
    Ms. Cox said that NextGen will enable support of a three-
fold increase in airspace demand by 2025. The Operational 
Evolution Partnership, (OEP), planning document will be 
published in June. Dr. Hansman reported that the airspace is 
being stressed by current demand, and delays have been 
increasing. He was concerned about the loss of national 
capability in applied aeronautics. He was also concerned about 
the FAA's capability to quickly implement new technologies. Dr. 
Wuebbles chaired a workshop on the impacts of aviation on 
climate change last summer. The workshop conclusion was that 
further research is warranted, because of the potentially 
serious impact and because there is much uncertainty. Mr. 
Alterman agreed with concerns about NASA research, 
implementation speed, and aviation environmental impact. He 
promoted the benefits of improved operational procedures such 
as Continuous Descent Arrivals.
    During the question and answer period, Dr. Hansman agreed 
with Ms. Cox's comment that human factors research will be 
important for NextGen. Mr. Alterman endorsed ADS-B 
implementation. He predicted that environmental constraints 
will prove more binding than capacity constraints. Dr. Hansman 
said that some research areas have been under funded, such as 
aircraft icing, fire protection, terminal area safety, and 
safety-critical software.
    Representative Rothman was concerned that airspace usage 
might some day fill the skies, degrading quality of life. He 
was particularly concerned about aviation noise. Dr. Wuebbles 
said that the amount of funding for research on the effects of 
aviation on climate is ``essentially zero.'' Representative 
Rohrabacher said that he felt aviation emissions research 
should emphasize the health of the population today rather than 
emphasize global climate change. Representative Calvert 
wondered if the speed of replacement of older, louder and more 
polluting, aircraft could be increased with some sort of 
incentives. Dr. Hansman worried that NASA is under funding 
innovation.
    In Questions for the Record, Mr. Alterman said he expects 
the FAA will have to mandate equipage for NextGen. He felt that 
the FAA, not the Joint Planning and Development Office (JPDO), 
should be in charge of NextGen implementation. Ms. Cox reported 
that the FY 2007 Operating Plan will not drive any adjustments 
to the FY 2008 R&D plan. The FY 2008 plan includes an 
additional $10M request for NextGen research on wake vortex and 
on human factors. About $18 million is being spent by the FAA 
on aviation environmental research. The FAA plans to support 
routine unmanned aircraft systems (UAS) access to the national 
airspace system (NAS) within the 2012-2015 timeframe. Dr. 
Hansman said that the REDAC would recommend increasing support 
for UAS research. Dr. Weubbles encouraged the FAA to develop 
stronger interactions with the academic community.
    On Thursday, March 29, 2007, the Committee on Science and 
Technology, Subcommittee on Space and Aeronautics held a 
hearing to examine the status of the Next Generation Air 
Transportation System initiative (also known as NGATS or 
NextGen) and explore key issues related to the initiative and 
the interagency Joint Planning and Development Office (JPDO).
    Four witnesses testified: Mr. Charles Leader, Director, 
Joint Planning and Development Office, Federal Aviation 
Administration (FAA); Dr. Gerald L. Dillingham, Director, 
Physical Infrastructure Issues, Government Accountability 
Office; Hon. John Douglass, President and CEO, Aerospace 
Industries Association; Dr. Bruce Carmichael, Director, 
Aviation Applications Program, Research Applications 
Laboratory, National Center for Atmospheric Research.
    In his opening remarks, Chairman Udall noted delays in 
NextGen developments since last year's hearing. He spoke with 
concern about NASA's uncertain commitment to its aeronautics 
program, and NextGen management continuity. Mr. Leader reported 
that two fundamental NextGen technologies are already beginning 
implementation: Automatic Dependence Surveillance Broadcast, 
(ADS-B), and System Wide Information Management, (SWIM). The 
DOD, DHS and the FAA are each contributing $5 million to a SWIM 
demonstration this year. He mentioned the near-term release of 
three important NextGen documents: the Concept of Operations, 
the Enterprise Architecture, and the Integrated Work Plan. He 
spoke of the importance of weather research.
    Mr. Dillingham discussed JPDO's organizational structure, 
technical planning, and research funding. He felt that the FAA 
and JPDO must address the factors that have contributed to the 
frequent turnover of its JPDO senior management. He urged the 
JPDO to involve all stakeholders, including active traffic 
controllers and technicians. Mr. Douglas noted that industry is 
an essential partner in NextGen and it is important that 
industry have confidence that the government is committed to 
NextGen. Dr. Carmichael stated that seventy percent of delays 
in today's system are attributable to weather. NextGen will 
integrate the weather programs of the FAA, DOD and NOAA. Dr. 
Carmichael said that NASA would be a logical weather research 
partner but doesn't have much funding for it.
    Representative Rothman voiced his concern that extreme 
growth of aviation could erode the quality of life. 
Representative Calvert spoke of his disappointment in NASA's 
decreased aeronautics activity.
    In the question and answer period, Chairman Udall inquired 
where additional research funding could be most useful. Mr. 
Leader answered: safety related issues, human factors, a safety 
system that is predictive rather than forensic, automation 
issues and wake vortex work. Dr. Dillingham spoke of the 
importance of NASA aeronautics facilities. Mr. Douglas agreed, 
and also spoke of the importance of systems engineering, wake 
vortex and weather research. Mr. Douglas noted that weather 
research benefits the Department of Defense, too.
    Dr. Dillingham noted that his organization has a study 
underway addressing the incorporation of unmanned aircraft 
systems into the air system.
    In the questions for the record, Dr. Dillingham was asked 
if the JPDO should be moved out of the FAA for greater 
visibility and authority. He felt it should not be, but he 
suggested having the JPDO director report directly to the FAA 
Administrator, and making the director an Associate 
Administrator. He felt that the JPDO should not report to the 
Secretary of Transportation because that could remove it too 
far from program implementation. He endorsed Mr. Douglas' 
suggestion that agencies cooperating with the JPDO should 
designate a senior program official for JPDO management. He 
also felt that the Senior Policy Committee should hold 
regularly scheduled meetings.
    Mr. Douglas felt that the NGATS Institute hadn't developed 
industry partnership adequately, and this slowed the 
development of the Concept of Operations. He noted that 
research and development is key to the success of NextGen; 
``however, NASA is the only agency capable to (sic) conducting 
the required R&D, particularly in the required timeframe.'' He 
reported that the AIA believes that a business case for 
necessary equipage by industry is necessary, and ``a 
combination of operational and perhaps financial incentives 
should be considered.''
    Mr. Leader reported that the first segment of SWIM will be 
complete in 2013. The deployment across the NAS of ADS-B is 
planned to be completed by 2013. The FAA plans to maintain 50 
percent of the current system of secondary radars at high-
density locations to serve as a back-up. The FAA anticipates 
reducing, but not eliminating, both VOR and ILS equipment. Some 
private sector involvement in the provision of key NextGen 
capabilities is likely.
    On Wednesday, May 2, 2007 at 10:00 am, the House Committee 
on Science and Technology, Subcommittee on Space and 
Aeronautics held a hearing to examine the National Aeronautics 
and Space Administration's (NASA) Fiscal Year 2008 budget 
request and plans for space science programs including 
heliophysics, planetary science (including astrobiology), and 
astrophysics, as well as issues related to the programs.
    Five witnesses testified: Dr. S. Alan Stern who is the 
Associate Administrator for the NASA Science Mission 
Directorate; Dr. Lennard Fisk, who is a Thomas M. Donahue 
Distinguished University Professor of Space Science at the 
University of Michigan, and is also the Chair of the Space 
Studies Board of the National Research Council; Dr. Garth 
Illingworth, who is a professor at the University of California 
Observatories/Lick Observatory at the University of California, 
Santa Cruz, and is also the Chair of the Astronomy and 
Astrophysics Advisory Committee; Dr. Daniel Baker, who is a 
professor of Astrophysical and Planetary Sciences and the 
Director of the Laboratory for Atmospheric and Space Physics at 
the University of Colorado, Boulder; and, finally, Dr. Joseph 
Burns, an Irving Porter Church Professor of Engineering as well 
as a Professor of Astronomy and Vice Provost of Physical 
Sciences and Engineering at Cornell University.
    Both Chairman Mark Udall (D-CO) and Ranking Member Ken 
Calvert (R-CA) opened by expressing concerns about NASA's 
expanding financial needs which likely will not be met by the 
organization's shrinking budget, and with hopes of addressing 
how Congress and NASA could work together to allow NASA to 
reach its goals in 2008 and beyond.
    Dr. Stern provided testimony which was a list of the 
improvements he has implemented in NASA since taking his 
position. He expressed a desire to increase the efficiency of 
scientists within the agency. Dr. Fisk's testimony was 
primarily concerned with the Science Mission Directorate, and 
he cited the primary strategic goals to continue with the SMD 
program as attaining more funding, using that funding in a more 
cost-effective fashion, and rebalancing the program. Dr. 
Illingworth also stated, in his testimony, that he believes 
that NASA should be given a larger budget, but only under the 
condition that NASA more effectively estimates costs. Dr. Baker 
focused on heliophysics, saying the biggest issues facing the 
heliophysics program are fear of failure, lack of affordable 
access to space, and the erosion of a trained workforce. He 
testified the investments to be made to address these issues 
include more small-scale missions and restoring the budget of 
the Explorer mission line. Dr. Burns also testified that he 
believed one of the primary requirements to keep a robust 
planetary exploration program is a larger budget for NASA.
    Mr. Calvert, in hopes of addressing the issue of cost 
effectiveness, asked how mission costs could be reduced. Dr. 
Stern replied that Administer Griffin's new policy, requiring a 
70 percent confidence level in estimates, will greatly reduce 
the cost of missions. He also stated they were implementing a 
minimum experience level for project leaders, assuming that 
more experienced leaders will have more realistic understanding 
of funds. Mr. Calvert went further to reiterate that the 
underestimation of costs, especially long-term costs, for 
projects, such as the James Webb Space Telescope which is now 
four times the estimated cost, was a major problem for the NASA 
budget.
    Mr. Udall asked Dr. Stern if he had any suggestions from 
his space-research experience that might apply to lowering the 
costs for NASA. Dr. Stern offered that he believes that PIs 
involved in any project should lessen their other professional 
responsibilities, primarily focusing on the NASA project until 
it is completed. He added that he felt it was important to 
always simplify what they are doing, making adjustments that 
will keep the project on schedule, saying ``. . . what matters 
is that you get a successful mission out of it, and you know, 
the best gilded lily that is still a bird on the ground doesn't 
get you very far in terms of scientific return.''
    When Mr. Udall asked the panel what the priority should be 
for appropriations in 2008, all of the panelists agreed that 
research and analysis, as well as small-scale missions that 
have big returns and, additionally, get the community excited 
about NASA, were most important to securing NASA's success as 
an organization. Dr. Fisk went further, saying that not only 
does R&A funding need to be increased, but that this program 
cannot be adequately funded without increasing NASA's budget, 
in total.
    When asked what percentage of NASA's budget should be spent 
on R&A, Dr. Burns suggested a 25 percent estimate. Dr. Baker 
said it would be dependent on the discipline, and that it 
should be analyzed systematically. Dr. Illingworth said he 
thought the 25 percent number would be a good estimate, but he 
and Dr. Fisk also agreed it would be discipline-dependent.
    In response to Mr. Udall's questioning, the panel agreed 
that international collaboration could be an answer to some of 
NASA's budgeting problems. By collaborating on missions and 
sharing information, some of NASA's load would be lifted; 
however, all panelists cited ITAR as a possible roadblock in 
working with other nations. Dr. Illingworth commented that 
small-scale projects would be especially productive 
collaborations. This issue was expanded upon, especially 
addressing cooperation with China's emerging space program, and 
Dr. Fisk commented that working with China is a wise defensive 
strategy. Dr. Baker said he is against forcing ``unnatural'' 
cooperation, and that the U.S. must think carefully about the 
appropriate role for foreign partners in any project.
    Mr. Rohrabacher was interested as to whether astronomy has 
an impact on the decisions made on Earth. Dr. Fisk explained 
that we do not see 99 percent of the universe, and knowledge of 
even a small amount of this would enhance knowledge of our own 
world, which is governed by the same laws of physics as the 
rest of the universe. Dr. Stern gave examples of how knowledge 
of basic science may, at first, seem to have little 
application, but can cause huge changes in the economy, 
standard of living, and so on. He gave the example of 
scientists going from ``playing with electricity'' to providing 
energy to our homes, appliances, and virtually changing the 
world as we know it. Mr. Rohrabacher was also concerned about 
the plans to shut down the Arecibo radio telescope, which can 
forewarn us of near-Earth objects. Dr. Burns shared the 
concern, as he is personally associated with the telescope.
    On Thursday, May 17, 2007 at 10:00 a.m., the House 
Committee on Science and Technology, Subcommittee on Space and 
Aeronautics held a hearing to examine National Aeronautics and 
Space Administration (NASA) workforce issues and the 
recommendations of independent review panels for ensuring the 
health and vitality of the NASA workforce in the 21st century. 
This was the first in a series of NASA workforce hearings. 
Later hearings will address Shuttle transition workforce issues 
and specific legislative proposals.
    Four witnesses testified: Ms. Toni Dawsey, who is the 
Assistant Administrator for Human Capital Management at NASA; 
Mr. John G. Stewart, who is a Fellow at the National Academy of 
Public Administration as well as a member of NASA's Multisector 
Workforce Panel; Dr. David Black who is the Co-Chair for the 
National Research Council's Committee on Meeting the Workforce 
Needs for the National Vision for Space Exploration, and, 
finally; Dr. Lee Stone, the Legislative Representative for the 
NASA Council of IFPTE Locals of the International Federation of 
Professional and Technical Engineers.
    Ms. Toni Dawsey testified that the NASA Workforce Strategy 
``articulates three principles underlying [NASA's] workforce 
strategy: building and sustaining healthy centers, maximizing 
the use of NASA's people, and evolving a more flexible, 
scalable workforce.'' She said that NASA's plan is based on 
three goals to implement these principles: understanding 
mission requirements, aligning workforce skills with mission 
needs, and, finally, enabling more efficient human resources 
operations. The first goal is being addressed by enhancing 
workforce planning capabilities, the second by reshaping the 
workforce by encouraging retirements and attracting new talent, 
and the third by providing retraining and skill development to 
current employees.
    Mr. John G. Stewart testified NASA's Multisector Workforce 
Panel offers six conclusions and recommendations for the 
improvement of NASA's workforce. He advised that NASA should 
use strategic planning mechanisms in order to determine how 
many and what kind of employees are critical to aeronautics, 
scientific and Vision-related responsibilities. He also stated 
that NASA must not only make workforce plans regarding civil 
servants, but also contractor organizations, and that its 
acquisition and human capital planning processes must be 
integrated. He also suggested NASA use a formal process when 
hiring either a permanent civil servant or a term employee. The 
Workforce panel, he said, developed a 12 factor framework to 
assist NASA in maintaining healthy centers. Additionally, he 
encouraged NASA to make use of the NASA Flexibility Act of 
2004. Finally, he suggested the controversial idea that 
Congress provide NSA with an emergency authority to invoke 
retirement to meet work restructuring needs, granted those 
employees meet certain criteria.
    Mr. Black offered testimony as co-chair of the National 
Research Council's Committee on Issues Affecting the Future of 
the U.S. Space Science and Engineering Workforce. He said this 
committee looked at two distinct time frames when making 
recommendations: the following five years, and then 2012 and 
beyond. He offered that NASA needs hands-on training for their 
workforce in areas which will achieve its programs' goals and 
keep them within budget and on schedule. The skill areas they 
specifically want to see increased or strengthened are systems 
engineering and program project management, which he described 
as skill that cannot be developed without large amounts of 
experience, as opposed to simple classroom learning. The 
Committee also noted that NASA is only a small part of the 
``aerospace ecosystem,'' and that they should attempt to work 
with other elements to define and understand key issues.
    Dr. Lee Stone's testimony focused on the importance of 
increasing NASA's budget, stating that, ``NASA is not facing a 
workforce crisis. It is facing a fiscal crisis.'' He explains 
that 36,000 civil servants were working for NASA during the 
first lunar missions, while a far smaller number are currently 
employed. The operating budget, he stated, is also much lower. 
He also discussed the reduction of NASA's older workforce, 
which he believed is an unnecessary goal. The IFPTE offered 
seven recommendations to improve NASA's workforce. First, that 
Congress should fund NASA at the highest authorized level 
possible, adding hundreds of millions for science, exploration 
systems, and aeronautics, and tens of millions for education 
and critical faculties. Stone also offered that NASA should 
fund civil service salaries directly from the centers, provide 
stability for the current workforce, recruit young employees 
while the older staff is still available to pass on knowledge, 
and encourage voluntary buyouts and post-employment extension 
of medical coverage. He stated opposition to the closing of 
centers, streamlining of RIF procedures, terminating retirement 
eligible employees, and conversion of permanent positions to 
term positions.
    There was an emphasis throughout the hearing on recruiting 
young talent, and though the panelists disagreed on how to 
handle the older workforce, all agreed that recruiting a young 
workforce was essential for the success of NASA's programs.
    On Thursday, June 28, 2007 at 10:00 am, the House Committee 
on Science and Technology's Subcommittee on Space and 
Aeronautics held a hearing to examine the National Aeronautics 
and Space Administration's (NASA) Fiscal Year 2008 budget 
request and plans for the Earth science and applications 
programs, and issues related to the programs.
    Four witnesses testified: Dr. Michael H. Freilich, who is 
the director of the Earth Science Division of the Science 
Mission Directorate for NASA.; Dr. Richard A. Anthes who is the 
President of the Universities Corporation for Atmospheric 
Research; Dr. Eric J. Barron, who is the dean of Jackson School 
of Geosciences at the University of Texas, Austin, and, 
finally; Dr. Timothy W. Foresman, the president of the 
International Center for Remote Sensing Education.
    First, Dr. Freilich testified that NASA's primary Earth 
science goal is ``to advance Earth systems science and to use 
this understanding sufficiently to address societal issues.'' 
Dr. Anthes stated that the highest priority is that ``NASA 
commit to and begin to implement its recommended decadal 
missions,'' which he identified as extremely relevant to 
current warming and climate problems. Dr. Barron believes 
climate change research is essential to NASA's earth science 
program, and stated that the current NASA budget could not 
possibly address all of the necessary recommendations of the 
Decadal Survey, advocating an increase in the NASA budget. 
Lastly, Dr. Foresman's testimony focused primarily on the Earth 
Science Application Program's failure to gain ground on 
technological applications of Earth-monitoring, such as Google 
Earth and World Wind, and encouraged NASA to be at the 
forefront of these kinds of technologies.
    When asked by Chairman Udall (D-CO) whether they saw an 
appropriate balance in the Earth Science budget, both Dr. 
Anthes and Dr. Barron agreed that though there is balance in 
the appropriation of funds within the budget, that budget is 
extremely limited. Dr. Barron, at several instances, reinforced 
that a major problem facing NASA's earth science program is an 
inconsistency of measurements. He explained that if NASA is 
under-funded, and certain data is taken sporadically, as 
opposed to in a continuous fashion, it is likely that the 
previous data will be useless, and therefore a further waste of 
NASA's funds. Dr. Freilich agreed with this concern, saying, 
``it is essential for us to redeem the Nation's previous 
investment in these time series by continuing them where 
necessary.''
    Congressman Nick Lampson (D-TX) asked a long line of 
questions, initially dealing with the NASA-NOAA joint projects, 
which, according to the panel, are facing funding difficulties 
within both organizations. He was also curious as to why the 
follow-on for the QuikSCAT satellite, which monitors 
hurricanes, was postponed until 2013. Mr. Barron responded that 
the Decadal Survey was aware of the budgetary restraints of 
NASA and had to prioritize, putting important projects such as 
the follow-on aside for even higher priority projects.
    Chairman Udall asked whether the land cover data record 
would be consistent or if there would be a gap before the 
launch of the LDCM. Dr. Freilich responded that though there 
would be a gap and NASA was attempting to minimize that gap to 
no more than 6-12 months.
    All panelists were supportive of some kind of international 
collaboration on Earth Science research and applications, and 
Congressman Tom Feeney (R-FL) asked whether international 
collaboration on projects would be hindered by ITAR. Mr. 
Freilich offered that the scope of the problem necessitated 
international cooperation, and that the challenges of ITAR were 
hindersome, but surmountable, listing several examples of 
successful NASA collaborations with foreign nations. Mr. Anthes 
warned that we cannot rely entirely on international 
partnerships, stating ``It would be like having a military that 
relied on international partnerships.''
    Mr. Freilich explained that the Earth Science Applied 
Science division is working with U.S. Group on Earth 
Observations to use the information gathered by NASA for 
societal benefit. Building on this, Mr. Foresman offered 
insights into applications of the program, especially web 
applications and visualization tools that would help to monitor 
the number of trees in an area, to prevent deforestation, and 
even to help with humanitarian issues, such as the genocide in 
Darfur. He believes that monitoring systems similar to those 
developed by Google could be unsurpassed in their ability to 
quicken the U.S. response to such issues.
    Chairman Udall's final question was directed at Dr. 
Freilich. He asked how NASA plans to implement the suggestions 
from the Decadal Survey, the ongoing NPOESS Nunn-McCurdy 
changes, and international collaborations. He was also curious 
as to the timeline for these projects. Dr. Freilich responded 
that though the 2008 budget has already been developed, NASA 
plans to address the input of all three in the 2009 budget.
    On Tuesday, July 24, 2007 at 10:00 a.m., the House 
Committee on Science and Technology's Subcommittee on Space and 
Aeronautics held a hearing to examine the National Aeronautics 
and Space Administration's (NASA) Fiscal Year 2008 budget 
request and plans for the Space Shuttle and International Space 
Station (ISS) programs, the status of the programs, and issues 
related to the programs.
    Four witnesses testified: Mr. William Gerstenmaier, who is 
the Associate Administrator for the Space Operations Mission 
Directorate at NASA; Mr. Tommy Holloway, who is the Chairman of 
the ISS Independent Safety Task Force; Dr. G. Paul Neitzel, who 
is a Professor of Fluid Mechanics at the Georgia Institute of 
Technology; Ms. Christina Chaplain, who is the Director of 
Acquisition and Sourcing Management for the Government 
Accountability Office.
    Chairman Udall (D-CO) raised concerns about the budget cuts 
for NASA during this critical time for the International Space 
Station (ISS) and Space Shuttle program. He also expressed 
concern regarding NASA's lack of a well defined research plan 
for the ISS. Ranking Member Feeney (R-FL) echoed Chairman 
Udall's concerns about funding, discussed future alternatives 
to the Space Shuttle, and stressed how important space 
exploration is to the United States and the world.
    Mr. Gerstenmaier provided testimony on the activities 
aboard the ISS and how they directly support the future of 
space exploration. In his testimony Mr. Holloway reported on 
the observations and recommendations of the International Space 
Station Independent Safety Task Force. Dr. Neitzel discussed 
the concerns of the external research community regarding the 
ISS and shuttle programs in his testimony. Ms. Chaplain's 
testimony focused on the challenges faced by NASA in completing 
and sustaining the International Space Station and retiring the 
Space Shuttle, and she focused on delays in the shuttle launch 
schedule and the replacement of the shuttle.
    Chairman Udall and Ranking Member Feeney had questions 
about the logistical support for the ISS and the Commercial 
Orbital Transportation Services (COTS) program. The panelists 
agreed that logistical support is an issue and that depending 
entirely on COTS would be a mistake. Ranking Member Feeney also 
focused on the possibility of debris hitting the ISS, which Mr. 
Gerstenmaier confirmed as a possible hazard and discussed the 
different methods utilized to avoid debris.
    Congressman Nick Lampson (D-TX) focused on the status of 
the Alpha Magnetic Spectrometer (AMS). Mr. Gerstenmaier 
expanded on the inability to fly AMS to the ISS saying that due 
to the Columbia accident and the reconstituted shuttle flight 
manifest, NASA had to delete the AMS from the ISS. Dr. Neitzel 
commented on the potential fallout with international partners 
due to not using the device on the ISS. Congressman Rohrabacher 
(R-CA) asked questions regarding the research done on the ISS 
and how the station is being utilized. The discussions focused 
on research being limited due to a limited budget and using the 
ISS and international partners as a way to increase the pool of 
money available. Dr. Neitzel mentioned that there is very 
little funding currently available for research and that the 
timeline would be prohibitive, but with additional funding it 
could be possible to revitalize some of the research that was 
originally planned to be done on the ISS.
    Congressman Lampson then focused his questions on a variety 
of issues regarding the schedule of the shuttle launches. Mr. 
Gerstenmaier felt that the United Space Alliance worker strike 
wouldn't affect the shuttle launch schedule and that in general 
there were sufficient contingency plans to prevent changes in 
the schedule. The panel was in agreement that with the proper 
funding from Congress it was still possible to add an 
additional shuttle flight, but that as time passed it became 
increasingly difficult. Ranking Member Feeney had questions on 
whether it was technically feasible to have additional space 
shuttle flights and Mr. Gerstenmaier assured him that the 
problem was with the budget and that the space shuttle wasn't 
entirely necessary for future flights. Congressman Lampson 
asked about plans for shuttle contingency flights and the 
witness panel agreed that the two contingency flights should be 
considered as part of the baseline schedule.
    Ranking Member Feeney's final question was with regard to 
how NASA can make the transition of employee and workforce 
skills as seamless as possible leading into future missions. 
The witness panel was in agreement that all of the skills from 
personnel involved in the ISS were valuable skills that would 
be essential to future missions. Their main concern was in the 
ability to retain these people and their skill sets.
    Chairman Udall's final questions focused on the Status of 
the Hubble Servicing Mission. Mr. Gerstenmaier felt that the 
teams were well prepared for the mission thanks to their 
experience on the ISS. He didn't foresee any threats to 
delaying the launch date for this particular mission as it was 
more likely that shuttle missions would
    On Thursday, September 6, 2007 at 10:00 a.m., the House 
Committee on Science and Technology's Subcommittee on Space and 
Aeronautics held a hearing to examine the results of two 
reports on the National Aeronautics and Space Administration's 
(NASA) astronaut medical and behavioral health care system. The 
first, the report of the NASA Astronaut Health Care System 
Review Committee, provided an independent assessment of NASA's 
medical and behavioral health care system. The second, a 
Johnson Space Center internal review considered opportunities 
for lessons learned in light of the incident involving NASA 
astronaut Lisa Nowak. The hearing explored the findings and 
recommendations of these reports and any actions NASA planned 
to take in response to them.
    Four witnesses testified on the first panel: Col. Richard 
E. Bachmann, Jr., who is the Chair of the NASA Astronaut Health 
Care System Review Committee and the Commander and Dean of the 
U.S. Air Force School of Aerospace Medicine; Dr. Richard S. 
Williams, the Chief Health and Medical Officer of NASA; Dr. 
Ellen Ochoa, who is the Director of Flight Crew Operations at 
NASA Johnson Space Center; Mr. Bryan O'Connor, who is the Chief 
of Safety and Mission Assurance at NASA.
    One witness testified on the second panel: Dr. Michael 
Griffin, who is the Administrator for NASA.
    Chairman Udall (D-CO) emphasized that it is critically 
important that NASA provide astronauts with the best possible 
medical and behavioral care and quoted some of the concerns 
that arose from an independent review panel. Ranking Member 
Feeney (R-FL) echoed Chairman Udall's concerns and also 
expressed concerns regarding flight surgeons and astronauts 
being hesitant to report major crew medical or behavioral 
problems. Full Committee Chairman Gordon (D-TN)and Full 
Committee Ranking Member Hall (R-TX) both expressed similar 
concerns and thanked the Subcommittee for holding the hearing.
    Col. Bachmann provided testimony regarding the findings of 
the NASA Astronaut Health Care System Review Committee. Dr. 
Williams' testimony provided insight into the NASA Astronaut 
Medical and Behavioral Health Care Program and their plans 
regarding the NASA Astronaut Health Care System Review 
Committee and the internal review at Johnson Space Center. In 
her testimony, Dr. Ochoa went into detail about her experience 
in preparing for space missions and how seriously all 
astronauts and flight surgeons take their preparation. Mr. 
O'Connor testified on the subject of space flight crew safety.
    Chairman Udall asked Col. Bachmann about the contrast 
between the review committee's findings and Dr. Williams' 
testimony. Col. Bachmann elaborated on the reasoning behind 
their findings, but could only speculate at the reason for a 
difference in their testimonies.
    Ranking Member Feeney asked about alcohol being a problem 
leading up to a mission. Mr. O'Connor confirmed that if a 
member of the crew was impaired it would be a problem, but that 
it was highly unlikely for that to occur. Ranking Member Feeney 
also had a question regarding the differences seen between the 
two different studies. Mr. O'Connor accredited this to the 
different ways that the studies were performed.
    Ranking Member Hall had a string of questions and 
discussions with Mr. O'Connor regarding the scope of Mr. 
O'Connor's investigation, the lack of anonymity of the survey, 
Mr. O'Connor's belief that there has ever been any alcohol 
abuse, and about the policies in place at NASA to ensure 
employee openness.
    Congressman Lampson (D-TX) established that Col. Bachmann's 
committee could not determine how extensive any alcohol 
problems were. Congressman Lampson and Congressman Bonner (R-
AL) asked questions regarding how open the astronauts were in 
their safety recommendations. Col. Bachmann and Dr. Ochoa felt 
that the survey was representative of how the astronauts felt 
and that there were sufficient programs in place to allow 
astronauts to provide feedback.
    In the second panel, Dr. Michael Griffin testified about 
the importance of holding NASA's workforce to the highest 
personal conduct standards, about steps being taken to provide 
for the behavioral health of astronauts, and about the alcohol 
abuse allegations.
    Chairman Udall's questioning was largely a discussion with 
Dr. Griffin about recommendations based on previous surveys and 
the plans for future surveys. Dr. Griffin made it clear that a 
major priority for him is to have an atmosphere where NASA 
astronauts and flight doctors are comfortable bringing up 
concerns.
    Ranking Member Feeney asked about how some of the problems 
related to safety might be cultural problems. Dr. Griffin 
agreed that this could be a problem and that they are working 
to fix all of those issues.
    Full Committee Ranking Member Hall asked questions 
regarding how authentic the reports were from the various 
anonymous surveys. Dr. Griffin agreed that there wasn't much 
more that he could do other than to encourage employees to come 
forth with concerns or issues.
    Full Committee Chairman Gordon and Dr. Griffin concluded 
the hearing with a brief discussion regarding the charter of 
the NASA Astronaut Health Care System Review Committee.
    The Committee held a hearing on NASA policy regarding the 
agency's management of the National Aviation Operations 
Monitoring Service (NAOMS). NAOMS has been in the press due to 
NASA's refusal to release the data to an Associated Press (AP) 
reporter, offering the rationale that release of the 
information might undermine the flying public's confidence in 
the aviation system because it relates to safety. NASA's 
Administrator Michael Griffin has formally distanced himself 
from that rationale, but he has not yet made it clear when or 
even whether NASA will publicly release this data. The hearing 
sought to further illuminate the details of this issue.
    Two witnesses testified on the first panel: Dr. Michael 
Griffin, Administrator, National Aeronautics and Space 
Administration; Mr. Jim Hall, Managing Partner, Hall and 
Associates LLC, and Former Chairman, National Transportation 
Safety Board (NTSB).
    Two witnesses testified on the second panel: Mr. Robert S. 
Dodd, Safety Consultant and President, Dodd & Associates LLC; 
Dr. Jon A. Krosnick, Frederic O. Glover Professor in Humanities 
and Social Sciences, Stanford University; and finally, Captain 
Terry McVenes, Executive Air Safety Chairman, Air Line Pilots 
Association.
    In his opening statement, Chairman Bart Gordon noted that 
air traffic is expected to double by 2025, and the importance 
of maintaining air safety. He was troubled by NASA's failure to 
release the NAOMS results and was concerned by the fact that 
NASA cited protection of private companies as a reason for 
withholding information. He stated that he hoped the hearing 
would result in a reconstruction of the report and project by 
NASA and FAA.
    Ranking Member Ralph Hall emphasized that, though the data 
from the survey must be released in order to inform the public, 
it should be ``scrubbed'' to protect specific individuals and 
businesses. He was confident in NASA's ability to carry out 
these efforts, and supportive of Dr. Griffin.
    Mr. Griffin said he was displeased with the wording of 
NASA's public statement addressing the NAOMS issue. He 
indicated NASA was protecting private interest over public 
safety and was unrepresentative of NASA's intentions. NASA, 
under the Freedom of Information Act, is required to protect 
the anonymity of those who reported data for the survey, but 
not the results, themselves. He stated that all data that can 
be legally released will be. However, he also made it clear 
that he thought the survey methodology was questionable; 
neither the data nor the method had been peer-reviewed. He 
denied reports that NAOMS funding was prematurely cut. He 
stated that NASA's goal was to create algorithms that could be 
implemented for use by the FAA to analyze data and that the 
NAOMS results were much more extreme than those extrapolated 
from other aviation and aeronautics research methods. He said, 
in response to some suspicion that data had been destroyed, 
that Battelle, the prime contractor, has all of the original 
information on hand at their location, apart from NASA, and 
will be releasing a public report shortly.
    Mr. Jim Hall expressed the importance of open and 
transparent exchange of information to aviation safety. He 
stated that the intent of the 1996 White House Commission on 
Aviation Safety and Security was to improve safety through open 
safety research and communication and that NASA's refusal to 
release results ``flies in the face of aviation history, 
responsible government, and common sense.''
    When Mr. Gordon asked Administrator Griffin why he could 
not release the results that day, as there had been ample time 
for lawyers to review the information, and NASA had certified 
that the information was confidential, he responded that it 
still had identifiable individuals indicated and that it was 
not certified. Mr. Gordon was frustrated that the Committee was 
not provided the materials from the survey indicating that 
certain people or airlines are identifiable. Mr. Griffin said 
that the data could potentially be released by the end of the 
year, and assured Mr. Gordon he would submit examples for the 
record.
    Congressman Hall asked Mr. Griffin whether he believed the 
release of confidential data would discourage pilots and 
aviation specialists from reporting to NASA and FAA in the 
future. Mr. Griffin said the data, in its present form, would 
have that effect. Congressman Hall then asked Mr. Hall what 
other systems evaluate aviation safety and whether or not these 
systems are reliable. Hall responded that NASA has the ASRS 
system, which is confidential. He said this fact made it 
questionable that NAOMS could not achieve similar 
confidentiality.
    Congressman Costello made it clear that it is a priority of 
the Congress to encourage the release of these reports, saying 
that NASA's media response stating the data contained in the 
survey could have an adverse response to the aviation industry 
has reduced public confidence in aviation. He asked whether 
Administer Griffin had requested that Battelle work on 
scrubbing the information around-the-clock in order to release 
the report as soon as possible. Dr. Griffin said he had not, 
but that he had encouraged them to make it a priority.
    Similarly, Congressman Sensenbrenner inquired as to what 
center was responsible for delay in releasing the survey, which 
was finished in 2005 and Congressman Mitchell of the 
Transportation and Infrastructure Committee asked why NASA 
would invest $11 million in a survey that did not meet NASA's 
standards. Mr. Griffin said the survey was supervised by the 
Ames Research Center, and that NASA had not managed the project 
well, due to other priorities. Congressman Sensenbrenner made 
clear that he believed this to be a ``mess of NASA's own 
causing.'' Congressman Udall was similarly critical. He 
elucidated the fact that Dr. Griffin had said funding was not 
cut short, yet the data was not peer reviewed and in a form 
that could be used. He said if the project was properly 
completed, the data should be available. Mr. Miller asked the 
administrator if he disagreed with Mr. Dodd, principle 
investigator for the NAOMS project, who, in his testimony said 
the data was valid. Mr. Griffin did disagree, and went on to 
site an example where the survey indicated a flight landed for 
unruly passengers several times a day, though, in fact, it has 
only been reported to have happened once or twice since 9/11.
    Congressman Ehlers made a statement indicating that he 
thought the media embellished the findings of the survey, and 
that, despite the findings, flight is still the safest form of 
travel in the United States. Mr. Dodd, in his statement, 
suggested that Congress fund a NAOMS-like program, separate 
from NASA, so that, in the future, the program is unbiased. Mr. 
Krosnick stated that NAOMS was, in fact, peer reviewed, is a 
very accurate and commendable program, was cut short, and that 
airlines and pilots would definitely not be identifiable, were 
the data released. Mr. McVenes, on the other hand, testified 
the data did not correlate well with other data, and that NAOMS 
was only a test of the methodology. He suggested NASA complete 
its peer-review of the data. Mr. Krosnick also indicated that 
the methodology had been reviewed by OMB and approved, and that 
NASA had indicated it was to be a permanent monitoring program, 
not a short-term investigation. Both Mr. Krosnick and Mr. Dodd 
indicated that the project was cut short due to funding.
    On Thursday, November 8, 2007 at 10:00 a.m., the House 
Committee on Science and Technology's Subcommittee on Space and 
Aeronautics held a hearing to examine the status of NASA's 
Near-Earth Object survey program, review the findings and 
recommendations of NASA's report to Congress, Near-Earth Object 
Survey and Deflection Analysis of Alternatives, and to assess 
NASA's plans for complying with the requirements of Section 321 
of the NASA Authorization Act of 2005.
    One witness testified on the first panel: Honorable Luis G. 
Fortuno, Resident Commissioner, Puerto Rico.
    Six witnesses testified on the second panel: Dr. James 
Green, Science Mission Directorate, NASA; Dr. Scott Pace, 
Program Analysis and Evaluation, NASA; Dr. Donald K.Yeomans, 
Jet Propulsion Laboratory; Dr. Donald B. Campbell, Cornell 
University; Dr. J. Anthony Tyson, University of California, 
Davis; Mr. Russell ``Rusty'' Schweickart, B612 Foundation.
    Chairman Udall outlined several questions he hoped to 
address by the end of the hearing, including: to what extent 
planetary radar capabilities are relevant in addressing NEOs, 
whether or not NASA funding facilities other than the Air 
Force's Pan-STARSS project is cost effective, the time table 
and scope of the NEO survey, whether deflection technologies 
are a priority, and, finally the degree to which other 
international bodies are making an effort to detect NEO's. He 
was troubled by one NASA witness's statement that NASA would, 
at Congress's request, implement a more aggressive NEO program, 
because, he said, Congress has already made an unambiguous 
request of NASA to do this. Congressman Feeney explained that 
NASA cannot currently afford to run the NEO program on the 
scale that has been requested by Congress. He found it 
concerning that Arecibo's NSF funding is dwindling, as this 
observation device is an important tool of the NEO program.
    Congressman Fortuno's testimony endorsed continuing efforts 
at the Arecibo facility, stating that he introduced H.R. 3737 
to insure that NASA and NSF collaborate to continue funding. He 
said that Arecibo's radar is the ``world's most powerful 
instrument for post-discovery characterization . . . of Near-
Earth asteroids.'' Mr. Feeney asked Mr. Fortuno the economic 
impact on Puerto Rico if Arecibo is closed; Mr. Fortuno 
estimated $50 million for the area. Congressman Rohrabacher 
then stated that, in addition to its use for the NEO program, 
Arecibo is providing the science community with information 
that would be much more costly to gather by other means.
    Dr. Green explained that the number of NEO's detected by 
NASA is already approaching the 90 percent discovery goal, 
however, as was later brought up in other witness testimonies, 
he was referring to large NEOs, not those in the 140 meter 
range. He stated that once NASA discovers a NEO, the program 
assesses its potential for impacting the Earth. He mentioned 
that no international facilities have the radar capabilities 
possessed by Arecibo and Goldstone and that currently there are 
no NEO detection efforts outside of NASA, though the UN has 
established a working group on NEOS.
    Green said that in NASA's report to Congress, the agency 
supported continuing the program, looking for potential dual 
use ground-based telescopes as well as partnering with other 
agencies. He cited the Air Force Pan-STARS as one intended 
partnership. Mr. Lampson questioned whether international space 
agencies were concerned with NEO's, and Dr. Green responded 
that despite the fact that they are not currently carrying out 
detection programs, it ``comes up on every agenda.''
    Mr. Pace stressed that ``NASA cannot initiate a new program 
beyond Spaceguard'' due to ``budget constraints.'' He stated 
that to reach the 90% goal would require new data management 
infrastructure and a dedicated facility. He said that the 
nation should not be concerned about the 5 to 10 year lapse in 
reaching the legislative goal, because impacts only happen 
approximately once ever 5,000 years. NASA has outlined a NEO 
survey program that could be implemented by 2020, but he warned 
that the proposed budget for this project would need more 
rigorous analysis. He said that without augmentation, the NEO 
Spaceguard survey program is unable to satisfy the requirements 
of the Authorization Act.
    Mr. Yeomans indicated that the largest efforts of the NEO's 
program should be directed at the asteroids that are slightly 
larger than 140 meters, which are more abundant than the very 
large asteroids and could be extremely hazardous. He said 
detecting all asteroids of this size is not a realistic 
expectation of the survey program, in its current form. He 
explained what radar data would be needed to accurately project 
the motion of these objects. He was optimistic that a number of 
existing technologies can deflect an Earth-threatening 
asteroid, if given enough time, which could be roughly 20 years 
in advance. Because of the time needed to do this, he said 
finding hazardous objects early should be a primary goal of a 
survey program.
    When asked by Mr. Lampson whether the 2020 deadline for 90% 
detection of NEOs 140 meters and larger was realistic, Mr. 
Yeomans responded that 2030 would be a more likely, but still 
acceptable, date. Mr. Tyson agreed with the assessment that a 
small delay, such as two years, would not make Earth any more 
susceptible to an impact. All witnesses agreed that detection 
is a priority and that continuing efforts for detection are 
crucial.
    Mr. Campbell made clear that radar measurements are the 
best means to survey the characteristics of NEOs. He stated 
that the Arecibo radar is more than 20 times more sensitive 
than the Goldstone antenna, and is a necessary contributor to 
NEO characterization and prediction. He noted that if Cornell 
cannot find funds to keep the Arecibo Observatory open, it will 
likely be closed after 2011. He stated that replacing this 
facility would cost several hundred million dollars.
    Mr. Tyson said having a survey system would change the 
probabilistic worry of near-Earth object collisions to an 
actionable situation. He stated that the investment is 
comparatively small when looking at the potential benefits. He 
suggests the Large Synoptic Survey Telescope Project as an 
answer to this dilemma, which would be capable of providing 
orbits for 82% of hazardous objects larger than 140 meters 
after 10 years of operation.
    Mr. Schweickart, who was asked to testify about whether or 
not NASA had appropriately responded to Congresses requests, 
said that ``NASA completely ignored Congress's
    I direction to recommend a search program and supporting 
budget,'' and also that the President had signed this request 
into law. He suggested that NASA again be directed to comply 
with this law, that NASA investigate deflection of more 
frequent and smaller NEO's, and that NASA's report was flawed 
in its failure to understand that a primary deflection and a 
potential secondary deflection are necessary to remove NEO's 
from a path towards Earth.
    He posited that NASA should submit a new report to 
Congress, that they should execute a demonstration asteroid 
deflection mission, and should take over duties of 
technological developments to be used for protecting the Earth 
from NEO impacts. Schweickart also proposed that an agency 
should be assigned the task of using these technologies to 
protect the Earth, should the need arise.
    When asked by Congressman Rohrabacher which agency should 
be responsible for deflection efforts in the event of a 
hazardous object being on an orbit towards earth, Mr. Tyson 
suggested Congress should hold hearings to get a number of 
opinions before making that decision.
    Mr. Rohrabacher and Mr. Schweickart agreed that NEOs are an 
issue of public safety which cannot be ignored. Schweickart and 
Mr. Feeney also concluded that NASA ignored the more complex 
issue of dealing with smaller asteroids, which are much more 
statistically likely to need to be deflected, in favor of 
positing the use of nuclear weapons to deflect larger 
asteroids, which only pose a problem once every 100,000 years. 
All of the witnesses supported the idea of multiple forms of 
detection and were opposed to the closing of Arecibo. They 
suggested NASA form partnerships with NSF and other agencies to 
fund these detection operations.
    On Wednesday, February 13, 2008 at 10:00am, the Committee 
on Science and Technology held a hearing on the National 
Aeronautics and Space Administration's (NASA) Fiscal Year 2009 
budget Request and NASA's proposed Fiscal Year 2008 Operating 
Plan.
    One witness testified: Dr. Michael D. Griffin, 
Administrator, National Aeronautics and Space Administration.
    Chairman Gordon began the hearing by noting that their job 
in this hearing is to take a ``hard look'' at where NASA is 
headed and whether that is an appropriate path for the next 
Administration. He criticized the current Administration for 
failing to ``provide resources to NASA that are adequate for 
what it has asked NASA to do and what it agreed in the 
Authorization Act.'' He also pointed out that the increased 
funding going into Earth Science missions is actually just 
being taken from other programs, as the budget request provides 
no additional funds for these missions. Chairman Gordon's chief 
concern was leaving an under-funded NASA for the next 
Administration.
    Ranking Member Hall noted that, despite a budget that 
``continues to treat NASA favorably'' (with a 1.8% increase), 
the agency is under ``enormous financial strain'' with the 
retirement of the shuttle, the development of a replacement 
vehicle, and continued research investments. Mr. Hall realized 
that ``broader federal budget realities make [the possibility 
of increased funding] very difficult'' and believed that, given 
the situation, Dr. Griffin was ``making the right choices'' 
regarding budget priorities.
    Space and Aeronautics Subcommittee Chairman Udall echoed 
Chairman Gordon's concerns that the demands placed upon NASA 
far exceed the corresponding funding to make those demands a 
reality. He also leveled criticism at the White House for 
refusing to pass the bipartisan bill for greater funding for 
the Constellation Program, which will develop new vehicle 
technology to replace the shuttle upon its retirement. Mr. 
Feeney also raised concerns that the administration has not 
provided adequate funding for NASA.
    In his oral testimony, Dr. Griffin responded that efforts 
are underway to make NASA more open for private investment and 
the commercial sector, so as to not depend entirely on public 
funding. Regarding the gap between the shuttle's retirement and 
the launch of the Orion Crew Exploration Vehicle, he firmly 
emphasized the ``unseemly'' necessity of relying on Russian 
transportation services to the ISS. With some frustration he 
noted that there currently is ``no other viable option.'' He 
claimed that the Orion could be ready as early as 2013 and 
urged Congress to fully fund NASA's space exploration 
initiative.
    During the lengthy question session, a variety of topics 
were discussed, but the main concern was the gap between the 
retirement of the shuttle and the development of a replacement 
manned system. Dr. Griffin responded to these concerns that the 
replacement system had to be based on an entirely new system, 
because no current system could be upgraded to meet the new 
Constellation vehicle requirements. He also emphasized the need 
to ``consolidate our gains'' on the Moon before rushing to 
Mars, as some space policy experts suggest. Dr. Griffin also 
denied reports that the launch date for a shuttle replacement 
system was being moved back and that funds are currently being 
invested in Mars-mission technology. He emphasized that, even 
with increased funding, the Constellation program's earliest 
launch date would be 2013.
    On Thursday, March 13, 2008 at 2:00 pm, the House Committee 
on Science and Technology, Subcommittee on Space and 
Aeronautics held a hearing to examine the National Aeronautics 
and Space Administration's (NASA) Fiscal Year 2009 budget 
request and plans for science programs including Earth science, 
heliophysics, planetary science (including astrobiology), and 
astrophysics, as well as issues related to the programs.
    Five witnesses testified: Dr. S. Allen Stern, Associate 
Administrator, NASA Science Mission Directorate; Dr. Lennard A. 
Fisk, Chair, Space Studies Board, National Research Council; 
Dr. Berrien Moore III, Executive Director, Climate Central; 
Chair, Committee on Earth Studies, National Research Council; 
Dr. Steven W. Squyres, Professor of Astronomy, Cornell 
University; Dr. Jack O. Burns, Professor, Center for 
Astrophysics and Space Astronomy, University of Colorado.
    Chairman Udall opened the hearing by voicing concerns over 
the FY09 budget for NASA, which keeps program expectations high 
while reducing funding. The Chairman stated that, ``The basic 
situation is clear: NASA's challenging new science initiatives 
are to be built on a budget that increases by only 1 percent 
through fiscal year 2011, and that assumes only inflationary 
increase at best in the years beyond that.'' He also expressed 
discomfort with NASA taking funds from one program to fund 
another.
    Ranking Member Feeney expressed similar anxieties, but in a 
slightly more positive tone, stating that the budget makes ``a 
good effort at remedying a number of deficiencies that have 
been highlighted in recent years.'' Yet he remained unconvinced 
that NASA could continue to prove U.S. dominance in space 
research and exploration without a budget that expresses ``a 
willingness to pay the costs of achieving it.''
    Dr. Stern, defending the budget, claimed that it sets 
specific program priorities, controls costs in those projects 
it targets, rebalances the agency towards a mix of small and 
large missions, and focuses efforts on finishing incomplete 
projects before beginning a second project in parallel. Dr. 
Fisk challenged the assertion that funding was adequate, yet 
commended the agency for ``doing extremely well with what it 
has,'' while there is so much more it ``could be doing.'' Dr. 
Moore critiqued the budget, saying that it ``begins to 
address'' imbalances in the agency, but that much more will 
need to be done ``for many budget cycles to come.'' He also 
echoed that the program is doing great things with limited 
resources, and pleaded that Congress increase funding over the 
Presidential recommendation to help the agency accomplish 
``what is expected of it.'' Dr. Squyres urged that cuts to the 
Mars program be undone and restored to their levels under the 
FY08 Congressional Appropriations Act. Dr. Burns expressed 
misgivings that cuts to the NASA budget will be occurring 
during a period of great potential discovery.
    During the question and answer section, Mr. Udall and Mr. 
Feeney's questions centered on rising costs and further 
scheduling delays anticipated with a slimmer budget. Dr. Stern 
responded that cost-control measures and prioritization would 
focus agency energies on targeted programs before beginning new 
ones. Another issue, the issue of ITAR restrictions on 
international collaboration, was brought up by Mr. Feeney, and 
Dr. Burns and Dr. Squyers both expressed that the legislation 
may have unintended consequences in space R&D projects. Dr. 
Stern, in response to Mr. Rohrabacher's concerns about 
collisions with near-Earth objects, clarified that Arecibo is 
not crucial to detecting these objects. Mr. Feeney brought up 
the newly restructured NPOESS project and its status, which Dr. 
Stern confirmed was improving, and Dr. Moore characterized as, 
after clearing many hurdles, finally seeing ``the light at the 
end of the tunnel.'' Mr. Feeney expressed concerns about the 
future of NASA's workforce. The panel emphasized the importance 
of exposing university students to aspects of space research 
while developing creative ways to inspire younger students to 
pursue space careers.
    On Thursday, April 3, 2008 at 10:00 a.m., the House 
Committee on Science and Technology's Subcommittee on Space and 
Aeronautics held a hearing to review the status of the National 
Aeronautics and Space Administration's Exploration Initiative 
and examine issues related to its implementation.
    Four witnesses testified: Dr. Richard Gilbrech, Associate 
Administrator, Exploration Systems Mission Directorate, 
National Aeronautics and Space Administration; Ms. Cristina 
Chaplain, Director, Acquisition and Sourcing Management, 
Government Accountability Office; Dr. Noel Hinners, Independent 
Aerospace Consultant; Dr. Kathryn Thornton, Professor, 
Department of Science, Technology and Society and Associate 
Dean of the School of Engineering & Applied Science, University 
of Virginia.
    Chairman Udall opened the hearing by stating the goal of 
NASA's Exploration Initiative as the ``human and robotic 
exploration of the solar system.'' He claimed the program has 
``suffered from chronic underfunding.'' Mr. Udall focused on 
not just finding new money for NASA but making sure it is 
effectively spent so that the initiative is both ``sustainable 
and worth the money.'' He argued for better NASA accountability 
and reporting before Congress and emphasized the need for 
international collaboration to avoid the ``temptation to rerun 
a space race that we already won.''
    Mr. Feeney, the Ranking Member, characterized NASA as being 
at the juncture of a ``once-in-a-generation transformation'' 
since the Columbia disaster. He encouraged NASA and the 
committee to stick to the doable road map in front of them, as 
outlined in the President's Vision for Space Exploration. He 
expressed concern at the loss of skilled workers between the 
retirement of the shuttle and the beginning of the 
Constellation Program. Echoing Mr. Udall's recommendation, he 
suggested a close working relationship with international 
partners to maximize benefits to the U.S. Dr. Gilbrech urged 
support for the Congressional budget request and stated that 
``real progress'' is being made on the Constellation Program. 
He noted the technical challenges of starting a new rocket 
program, and remarked that the GAO said last year that NASA is 
``making sound investment decisions'' for Constellation. Ms. 
Chaplain recommended NASA set technical requirements for their 
designs before they can define cost approximations and schedule 
timelines. She also pointed out the necessity of NASA having 
adequate flexibility to respond to technical challenges as they 
arise. Dr. Hinners suggested that NASA clarify its exploration 
priorities to reduce misunderstandings regarding the purpose of 
the moon base. He also criticized the pay-as-you-go system as 
costing more in the end and stated that it is ``not at all 
clear that NASA can implement an effective lunar exploration 
program'' with the current budget for exploration. Finally, Dr. 
Thornton encouraged NASA moving beyond low-Earth orbit by using 
a ``stepping stone'' approach to reaching Mars. By establishing 
temporary outposts between Earth and Mars, each landing would 
``advance the science and technology needed for the next, more 
ambitious objective.'' She emphasized that program requirements 
should first be set before budgets and schedules can be 
finalized.
    Throughout the hearing, both Members and witnesses 
supported greater collaboration with international partners as 
a critical component to advance American space exploration 
goals.
    The panel responded to a variety of questions from the 
Members during the question and answer session, including: the 
risks involved with CEV/CLV development, the potential to 
accelerate Constellation with increased funding, the necessity 
for stability in Congressional funding, the importance of 
putting humans in space and the ramifications of not allowing 
funding for research for Mars-only technology. The panel 
responded that the technical challenge to CEV/CLV development 
lies in the integration of all of the Orion components, that 
Constellation development cannot be appreciably accelerated 
with greater funding but the date could be made more firm, and 
that humans in space not only inspire future scientists but 
also allow for operations robots could not perform. All 
panelists emphasized the need for stability in Congressional 
funding of NASA to make the program effective. There was a 
mixed response on the Mars-restrictions in the budget, with Dr. 
Hinners arguing that Moon-based technology will have 
``relatively little applicability'' to a Mars mission and Dr. 
Gilbrech countering that technology used on the Moon will 
``eventually some day pay off'' for a mission to Mars.
    On Monday, April 7, 2008 at Centennial Hall, Colorado 
Springs, Colorado at 10:00 a.m.-12:00 p.m., the House Committee 
on Science and Technology's Subcommittee on Space and 
Aeronautics held a hearing to examine the opportunities and 
challenges of using remote sensing data to benefit public and 
private sector activities including urban planning, natural 
resource management, national defense, and homeland security 
among other application areas.
    Four witnesses testified on the first panel: Jack Byers, 
Deputy Director and Deputy State Engineer, Colorado Division of 
Water Resources; Simon Montagu, Customer Resource and Support 
Director, Denver Regional Council of Governments; Manuel 
Navarro, Fire Chief, City of Colorado Springs; Frank Sapio, 
Director, Forest Health Technology Enterprise Team, U.S. 
Department of Agriculture Forest Service.
    Three witnesses testified on the second panel: Kevin 
Little, Director, Business Development, Intermap Technologies, 
Inc.; Matthew O'Connell, President and Chief Executive Officer, 
GeoEye, Inc.; Jill Smith, President and Chief Executive 
Officer, DigitalGlobe, Inc.
    Chairman Udall brought the hearing to order and stated that 
the purpose of the hearing was to both explain ways that remote 
sensing data is being used and how to expand and improve those 
uses. He noted that the technology is often not given the 
attention it deserves, and that its application fields 
encompass homeland security, natural resource management and 
city planning, among others. His chief concern was improving 
the delivery of this data to local and federal authorities.
    Mr. Feeney, Ranking Member of the Subcommittee, suggested 
that he would like to hear more about how problems specific to 
his home state of Florida, such as population growth, 
wildfires, and land-use impacts could be alleviated with remote 
sensing data. Echoing comments made by the Chairman, Mr. Feeney 
noted the wide range of applicable fields where remote sensing 
plays and important role.
    The first panel of witnesses presented the role remote 
sensing data plays with local governments and agencies. Mr. 
Byers characterized remote sensing as ``highly beneficial in 
terms of efficient water management,'' and explained how this 
technology is being used to classify vegetation, monitor water 
consumption, and resolve water rights disputes. Representing an 
urban planning group, Mr. Montagu focused more specifically on 
city-growth issues and how remote sensing enables effective 
long-range planning. He urged the subcommittee to make this 
data more readily available and to continue to purchase 
important remote sensing data. Mr. Navarro, the third witness, 
elaborated on how ``extremely important'' this data is for fire 
response services, yet lamented that his department lacked the 
staff to fully utilize all the data. Addressing forestry 
management concerns, Mr. Sapio highlighted the ``accurate, 
timely and cost effective'' results of remote sensing, and 
detailed how broad-, mid- and fine-scale resolutions assist in 
assessing forest health, potential fire fuel sources, and 
monitoring the risks from insects and disease.
    Responding to Mr. Udall's question regarding the exact 
benefit of this technology, the panel noted its consistent and 
objective quality and its ability to provide a great deal of 
information at low cost. Ranking Member Feeney addressed two 
important issues: the potential ``gap'' in LANDSAT data before 
the 2011 data continuity mission, and the security and privacy 
restrictions of widely disseminating this data. The panel 
responded that covering the gap could be done, albeit at high 
cost. Regarding privacy, they suggested a delicate balance must 
be achieved between transparency and security. Despite some 
misgivings that the data could be misused by terrorist 
organizations, the general consensus was that the security 
concern is ``critically important'' and that a review and 
tracking process is in place to monitor data users. Responding 
to Mr. Udall's question about the federal role in remote 
sensing, the witnesses pointed out the superior staff, budget 
and technical capabilities of the federal government, and 
insisted that federal leadership regarding data collection and 
distribution are key to maintaining the effectiveness of remote 
sensing data.
    The second panel of witnesses represented the commercial 
applications of remote sensing data in the private sector. Mr. 
Little contended that the most important aspect of this 
technology is that it is highly application-specific and isn't 
just one technology. Mr. O'Connell characterized the industry 
as ``strong and growing'' and emphasized that the commercial 
sector provides lower cost data than large, government-funded 
satellite projects. Ms. Smith listed the variety of 
applications remote sensing data has found on both federal and 
local levels, and emphasized that the government should not 
impede or compete with the private sector.
    In the question and answer period, the accessibility and 
cost-effectiveness of commercial data were reiterated as their 
key advantage. Regarding Mr. Feeney's question about foreign 
competition, Mr. O'Connell pointed out that the industry is 
``not looking for a subsidy,'' but rather a reliable commercial 
partnership with federal and local governments. When Mr. Udall 
brought up legislative regulations, the panel universally 
confirmed that good policies are in place and just need to 
continue to be enforced. Mr. Udall's final question regarding 
the use of federal purchasing power to leverage the commercial 
remote sensing data sector was met with universal approval, 
with all the panelists agreeing that federal contracts remain 
an important part of their revenue stream.
    On Thursday, April 24, 2008 at 10:30 a.m., the House 
Committee on Science and Technology's Subcommittee on Space and 
Aeronautics held a hearing to examine the status of the 
International Space Station (ISS) and issues related to its 
operation and utilization, including the planned and potential 
uses of the ISS to meet both NASA and non-NASA research needs.
    Four witnesses testified on the first panel: Dr. Edward 
Knipling, Administrator, Agricultural Research Service, U.S. 
Department of Agriculture; Dr. Louis Stodieck, Director, 
BioServe Space Technologies, Aerospace Engineering Sciences, 
University of Colorado; Thomas B. Pickens III CEO, SPACEHAB, 
Inc; Dr. Cheryl Nickerson, Associate Professor, Center for 
Infectious Diseases and Vaccinology, The Biodesign Institute, 
Arizona State University.
    Three witnesses testified on the second panel: William 
Gerstenmaier, Associate Administrator, Space Operations Mission 
Directorate, National Aeronautics and Space Administration; Ms. 
Cristina Chaplain, Director, Acquisition and Sourcing 
Management, Government Accountability Office; Dr. Jeffrey 
Sutton Director, National Space Biomedical Research Institute.
    Chairman Udall opened the hearing on the International 
Space Station (ISS) by characterizing its development as a 
``long and at times controversial and frustrating'' process. 
His primary concern was making sure that massive U.S. 
investment in the Station pays off in both commercial and 
research dividends. He also argued that the research community, 
due to funding cuts, has been ``largely decimated,'' and its 
restoration is a primary concern for NASA and the nation. 
Continued access to the ISS after shuttle retirement remains a 
critical component of long-term ISS success.
    Mr. Ralph Hall, the Ranking Member, praised the achievement 
of the ISS as the ``most complex and largest laboratory and 
living facility ever to fly in space.'' However, he expressed 
concerns about NASA's commitment to the two contingency 
flights, the safety of the Russian Soyuz vessel, and NASA's 
plans to maximize the research potential of the ISS.
    The first panel presented to the Subcommittee the research 
achievements of ISS investments and their commercial 
applications. Dr. Knipling addressed how the study of cellular 
mechanics on the ISS can lead to improvements in agriculture, 
environment, and human health. Arguing that designating the ISS 
as a national laboratory is not enough, Dr. Stodieck offered 
three suggestions to the Subcommittee on how to improve the 
operations on board the ISS: a Congressionally-established 
independent organization to manage R&D on the ISS, increased 
funding for non-NASA agencies to use the ISS, and ``regular, 
reliable and frequent'' transportation to the Station. Dr. 
Nickerson commented on how studies of Salmonella on the ISS 
could have direct applications to improve human health on 
earth, including new vaccines for Salmonella. Finally, Mr. 
Pickens pointed out the commercial benefits of microgravity 
studies which could have a wide array of medical applications, 
from treating diabetes and Parkinson's to Alzheimer's and 
cystic fibrosis.
    During the question and answer period, the panel deemed 
consistency, or increases, in funding as the most important 
condition for continued productivity of the ISS. Ranking Member 
Hall brought up the possible competition between government or 
university research and commercial research projects, but the 
panel insisted that the two work together in relative harmony. 
Responding to Mr. Lampson's questions, the panel encouraged the 
Subcommittee to extend the commission of the ISS into 2020, 
when investments in research projects will be making 
significant returns. The panel also soothed Mr. Rohrabacher's 
concerns that the ISS is properly outfitted with appropriate 
equipment to produce the promised results.
    The second panel laid out the achievements of the ISS and 
how NASA can improve its productivity. Mr. Gerstenmaier 
highlighted the important role that ISS physics research plays 
in learning more about physical processes on Earth. Ms. 
Chaplain touted the program's achievements and its ``agility 
and ingenuity under extreme pressures,'' while still 
recommending that NASA remain flexible to minimize scheduling 
impacts and think out contingency plans to increase efficiency. 
Dr. Sutton noted the importance of the ISS in doing biomedical 
research on the long-term effects of humans living in space, 
and how those results can improve health on Earth.
    Chairman Udall began the questioning of the second panel 
with concerns about the status of the two contingency flights 
to fly spare parts to the ISS. Mr. Gerstenmaier responded that 
the lifespan of certain parts can be difficult to project, and 
that both flights would be dedicated to launching ``critical 
spares,'' allowing greater flexibility to the scheduled 
development of commercial flights to the ISS. He also addressed 
Mr. Hall's concerns about Soyuz safety, saying that Russia and 
the U.S. are both concerned about its safety features and are 
collaborating on the issue. Mr. Gerstenmaier demanded that an 
amendment to the INKSA legislation be ``mandatory'' for the 
summer if contract placement with Russian manufacturers is to 
be made in a timely manner. He also rejected Mr. Lampson's hope 
that the AMS could be flown to the ISS because spare parts have 
a higher priority. Responding to questions from Mr. Udall and 
Mr. Rohrabacher, Mr. Gerstenmaier emphasized how mutual 
Russian-American interest in transporting American crews to the 
ISS requires that INKSA be amended to streamline the period 
after Shuttle retirement.
    On Thursday, May 1, 2008 at 10:00 a.m., the House Committee 
on Science and Technology's Subcommittee on Space and 
Aeronautics held a hearing to review NASA's current Aeronautics 
R&D Program, to examine what needs to be done to make it as 
relevant as possible to the Nation's needs, and in particular 
to examine R&D challenges related to safety and environmental 
impacts.
    The witnesses before the Subcommittee were assembled in a 
single panel and consisted of: (1) Dr. Jaiwon Shin, Associate 
Administrator, Aeronautics Research Mission Directorate, 
National Aeronautics and Space Administration (2) Carl J. 
Meade, Co-Chair, Committee for the Assessment of NASA's 
Aeronautics Research Program, National Research Council, 
National Academies (3) Preston A. Henne, Senior Vice President, 
Programs, Engineering and Test, Gulfstream Aerospace 
Corporation (4) Dr. Ilan Kroo, Professor, Department of 
Aeronautics and Astronautics, Stanford University.
    Chairman Udall opened the hearing by emphasizing the 
importance of aviation to the nation and lamenting that NASA's 
Aeronautics R&D program ``has been significantly shortchanged 
in recent years.'' He commented on the growing challenges 
facing the future of aviation, including congestion, safety, 
emissions, noise, and how NASA's aeronautics research can 
address those concerns. He also recognized the usefulness of 
the National Academies' Decadal Survey of Civil Aeronautics in 
forming a productive aeronautics R&D agenda for the future.
    Ranking Member Feeney discussed the historical achievements 
of aeronautics research conducted by the National Advisory 
Committee on Aeronautics (NACA) and NASA and the proper role of 
the Federal Government and NASA in carrying out aeronautics 
research. He emphasized the critical importance of R&D in 
support of the Next Generation Air Transportation System 
(NextGen) and of developing safer, more efficient, and more 
environmentally friendly aircraft.
    Dr. Shin explained how NASA's aeronautics program 
implements the national aeronautics R&D policy by conducting 
fundamental research and how it supports the development of the 
NextGen system through a holistic approach that addresses all 
aspects of the system. Evaluating NASA's entire aeronautics 
program in light of the 51 key technical challenges contained 
in the Decadal Survey of Civil Aeronautics, Mr. Meade expressed 
a mixed position. While NASA's ARMD staff was ``dedicated and 
competent,'' he pointed out that the directorate, had not 
``responded in any significant way to the recommendations of 
the decadal survey'' and lacked sufficient funding to pursue 
all objectives. Speaking on behalf of Gulfstream Aerospace, 
which designs, builds, and services premium business aircraft, 
Mr. Henne described the increase in foreign competition as a 
result of foreign nations' investments in aeronautics research 
and stressed the need for the U.S. Federal Government to invest 
in aeronautics R&D in order to maintain its leadership in the 
field. Dr. Kroo discussed the technical and environmental 
challenges facing the aviation industry and the need for both 
continuing fundamental ``long-term research and development of 
new technologies spanning multiple disciplines'' and 
integrating ``the most promising technologies'' at the system 
level and transitioning them ``from the lab to the user.''
    During the question and answer period, the panel told 
Chairman Udall that the most important aeronautics R&D 
priorities were technologies to reduce environmental impact, 
improve safety, and increase fuel efficiencies. Mr. Feeney, the 
Ranking Member, brought up the issue of restricting foreign 
access to valuable NASA aeronautics research, but the panel 
found that in today's global environment with international 
suppliers, the dividing line would be hard to define. 
Responding to Mr. Wu's question concerning the availability of 
wind tunnels in the United States, the panel explained that 
some wind tunnel testing must still be conducted in Europe and 
as a result the data produced could be available to others. Mr. 
Henne and Dr. Kroo emphasized that NASA's aeronautics R&D must 
incorporate more than basic research in order to meet the 
nation's needs. Dr. Shin addressed Mr. Feeney's concern that 
NASA's aeronautics R&D is too concerned with only meeting its 
own needs, and Mr. Meade responded to his questions on 
regulating unmanned aerial vehicles. Mr. Rothman questioned Mr. 
Meade and Dr. Shin about NASA's work to reduce aircraft noise 
and pollution and Europe's current capability in those areas. 
Answering Chairman Udall's question on NASA and the FAA's new 
aviation safety database activity, Dr. Shin spoke about the 
close collaboration between the airlines, the FAA, and NASA in 
sharing safety data in support of the project.

                          V. Committee Actions

    On May 15, 2008, H.R. 6063, a bill to reauthorize the 
National Aeronautics and Space Administration for 2009, was 
introduced by Congressman Udall and referred to the Committee 
on Science and Technology. On May 20, 2008, the Subcommittee on 
Space and Aeronautics met to consider H.R. 6063 and it was 
reported favorably by a voice vote. On June 4, 2008, the Full 
Committee met to consider H.R. 6063 and ordered the bill 
reported, as amended, by a voice vote.

        VI. Summary of Major Provisions of the Bill as Reported

    Authorizes funding for the National Aeronautics and Space 
Administration for fiscal year 2009. Funding for fiscal year 
2009 is $20.21 billion, including $19.21 in the baseline 
authorization, and $1 billion in augmented funding to 
accelerate the development of the Orion Crew Exploration 
Vehicle (CEV) and Ares I Crew Launch Vehicle (CLV). Provides 
for a balanced set of programs in human space flight and 
exploration, aeronautics research and development, and 
scientific research, including Earth observations and research. 
Establishes remaining flight manifest for Space Shuttle program 
and adds an additional flight to deliver the Alpha Magnetic 
Spectrometer to the International Space Station (ISS). Includes 
provisions to enhance research utilization of the ISS. Contains 
provisions related to near-Earth objects, education, commercial 
initiatives--including commercial crew services, NASA 
institutional capabilities, space weather, space traffic 
management, innovation prizes, astronaut health care, and study 
of export control policies. Also establishes a number of 
reporting and study requirements.

        VII. Section-by-Section Analysis of the Bill as Reported


Sec. 1. Short title

    The ``National Aeronautics and Space Administration 
Authorization Act of 2008''.

Sec. 2. Findings

    Congress finds, on this the fiftieth anniversary of the 
establishment of NASA, that the agency is and should remain a 
balanced, multimission agency, and 12 other findings.

Sec. 3. Definitions

    (1) Administrator--The term ``Administrator'' means the 
Administrator of the National Aeronautics and Space 
Administration.
    (2) NASA--The term ``NASA'' means the National Aeronautics 
and Space Administration.
    (3) 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

    Authorizes NASA at $20,210,000,000 for FY 09. This amount 
is approximately $2.59 billion above the President's FY 2009 
request.
    The baseline Authorization of $19.21 billion, includes the 
following breakdown:
          Science: $4,932,200,000 of which
                  $1,518,000,000 is for Earth Science
                  $1,483,000,000 is for Planetary Science
                  $1,290,400,000 is for Astrophysics
                  $640,800,000 is for Heliophysics
          Aeronautics: $853,400,000
          Exploration: $3,886,000,000
          Education: $128,300,000
          Space Operations: $6,074,400,000
          Cross-Agency Support Programs: $3,299,900,000
          Inspector General: $35,500,000
    In addition to the above amounts, the bill authorizes 
$1,000,000,000 to accelerate the initial operational capability 
of the Crew Exploration Vehicle and the Crew Launch Vehicle.

                        TITLE II--EARTH SCIENCE


Sec. 201. Goal

    Expresses the sense of the Congress that the goal of NASA's 
Earth Science program shall be to pursue a leadership role in 
providing Earth observations, research, and applications 
activities to better understand the Earth system.

Sec. 202. Governance of U.S. Earth Observations activities

    Requires the Director of the OSTP to task the National 
Academies with conducting a study to determine the most 
appropriate governance structure for U.S. Earth Observation 
programs. Directs the study to be delivered to Congress within 
18 months after the enactment of the Act, and for the OSTP to 
provide an implementation plan of the study's recommendations 
within 24 months of the enactment of the Act.

Sec. 203. Decadal survey missions

    Requires the Administrator to submit a plan describing how 
NASA intends to implement the recommended missions in the 
National Academies decadal survey ``Earth Sciences and 
Applications from Space,'' within 270 days of the enactment of 
the Act.

Sec. 204. Transitioning experimental research into operational services

    Encourages NASA to transition experimental sensors and 
missions that have the potential to benefit society into 
operational status whenever possible.
    Directs the Director of the OSTP, in consultation with the 
Administrator of NASA and the Administrator of NOAA, to develop 
a process for federal agencies to transition NASA Earth science 
and space weather missions or sensors into operational status. 
Requires NASA and NOAA to submit a joint plan for each mission 
or sensor that is determined to be appropriate for transition 
to Congress within 60 days of the successful completion of the 
mission or sensor critical design review.

Sec. 205. Landsat thermal infrared data continuity

    Requires the Administrator to prepare a plan for ensuring 
the continuity of Landsat thermal infrared data or its 
equivalent within 60 days of the enactment of the Act.

Sec. 206. Reauthorization of Glory mission

    Reauthorizes NASA to continue with development of the Glory 
mission and requires the Administrator to submit to Congress a 
new Baseline Report within 90 days of the enactment of the Act.

Sec. 207. Plan for disposition of Deep Space Climate Observatory

    Requires NASA to develop a plan for the Deep Space Climate 
Observatory (DSCOVR), which shall examine options for the 
future disposition of the spacecraft and its instruments, and 
to submit this plan no later than 180 days after the enactment 
of the Act.

                         TITLE III--AERONAUTICS


Sec. 301. Environmentally friendly aircraft research and development 
        initiative

    Directs the Administrator to establish an initiative with 
the objective of enabling commercial aircraft performance 
characteristics such as significant aircraft noise reduction 
near airports and significant reductions in greenhouse gas 
emissions compared to aircraft currently in commercial service.

Sec. 302. Research alignment

    Requires the Administrator, to the maximum extent possible, 
to align the fundamental aeronautics research program to 
address high priority technology challenges of the National 
Academies ``Decadal Survey of Civil Aeronautics.''

Sec. 303. Research program to determine perceived impact of sonic booms

    Requires the Administrator to establish a cooperative 
research program with industry to collect data on the impact of 
sonic booms that can be used to develop standards for overland 
commercial supersonic flight operations.

Sec. 304. External review of NASA's aviation safety-related research 
        programs

    Requires the Administrator to arrange for the National 
Research Council to conduct an independent review of NASA's 
aviation safety-related research programs, and to submit to 
Congress a report on the results on this review within 14 
months of the enactment of the Act.

Sec. 305. Interagency research initiative on the impact of aviation on 
        the climate

    Requires the Administrator, in coordination with the U.S. 
Climate Change Science Program and other appropriate agencies, 
to establish a research initiative to assess the impact of 
aviation on the climate, and if warranted, to evaluate 
approaches to mitigate that impact. Requires the participating 
entities to jointly develop a plan for the research program no 
later than 1 year after the enactment of the Act. Requires the 
Administrator to arrange for the National Research Council to 
conduct an independent review of the plan and to provide the 
results of this review no later than 2 years after the 
enactment of the Act.

Sec. 306. Research program on design for certification

    Requires NASA, in consultation with other appropriate 
agencies, to establish a research program on methods to improve 
both the confidence in and the timeliness of certification of 
new technologies for their introduction into the national 
airspace system, and to provide a plan for this program no 
later than 1 year after the enactment of the Act. Requires the 
Administrator to arrange for the National Research Council to 
conduct an independent review of the plan and to provide the 
results of this review no later than 2 years after the 
enactment of the Act.

Sec. 307. Aviation weather research

    Requires the Administrator to establish a research program 
with NOAA on significantly improving the reliability of 2-hour 
to 6-hour aviation weather forecasts.

Sec. 308. Joint Aeronautics Research and Development Advisory Committee

    Establishes and provides the guidelines for a joint 
Aeronautics Research and Development Advisory Committee which 
shall assess and make recommendations regarding the 
coordination of research and development activities of NASA and 
the FAA.

Sec. 309. Funding for R&D activities in support of other mission 
        directorates

    Establishes that funding for research and development 
activities performed by the Aeronautics Research Mission 
Directorate for the flight projects of other Mission 
Directorates be funded by the Mission Directorate seeking 
assistance.

Sec. 310. University-based centers for research on aviation training

    Changes ``may'' to ``shall'' in Section 427(a) of P.L. 109-
155.

             TITLE IV--INTERNATIONAL EXPLORATION INITIATIVE


Sec. 401. Sense of Congress

    Expresses the sense of Congress that the President should 
invite America's friends and allies to participate in a long 
term exploration initiative under the leadership of the U.S.

Sec. 402. Stepping stone approach to exploration

    Requires the Administrator to take all necessary steps to 
ensure that the lunar exploration program be designed and 
implemented in a manner that gives strong consideration to 
meeting requirements of future exploration and utilization 
activities beyond the Moon.
    Sec. 403. Lunar outpost
    Requires that NASA make no plans that would require a lunar 
outpost to be occupied to maintain its viability. Establishes 
that the U.S. portion of the first human-tended outpost on the 
Moon shall be designated the ``Neil A. Armstrong Lunar 
Outpost.'' Expresses the intent of Congress that NASA shall 
make use of commercial services to the maximum extent 
practicable in support of its lunar outpost activities.

Sec. 404. Exploration technology development

    Requires the Administrator to establish a program of long-
term exploration-related technology research and development 
that is not tied to specific flight projects with a funding 
goal of at least ten percent of the budget of the Exploration 
Systems Mission Directorate, and of having at least fifty 
percent of the funding allocated to external research 
institutions.

Sec. 405. Exploration risk mitigation plan

    Requires the Administrator to provide a plan identifying 
the scientific and technical risks that need to be addressed in 
carrying out human exploration beyond low Earth orbit and the 
research and development activities required to address those 
risks, and to provide the plan no later than 1 year following 
the enactment of the Act.

Sec. 406. Exploration crew rescue

    Directs the Administrator to enter into discussions for the 
purpose of agreeing on a common docking system standard with 
other spacefaring nations who have or plan to have crew 
transportation systems.

Sec. 407. Participatory exploration

    Requires the Administrator to develop a technology plan to 
enable dissemination of information to the public for the 
purpose of fully experiencing NASA's missions to the Moon, Mars 
and other bodies of our solar system, and to provide Congress 
with the plan no later than 270 days of the enactment of the 
Act.

Sec. 408. Science and exploration

    Expresses the sense of Congress that NASA's scientific and 
human exploration activities are synergistic, and encourages 
the Administrator to coordinate NASA's science and exploration 
activities to maximize the success of the human exploration 
initiatives and to further our understanding of the universe.

                         TITLE V--SPACE SCIENCE


Sec. 501. Technology development

    Directs the Administrator to establish a cross-Directorate 
long-term technology development program for space and Earth 
science within the Science Mission Directorate and sets a 
funding goal for the program of five percent of the total 
Science Mission Directorate annual budget, and directs that it 
be structured to include competitively awarded grants and 
contracts in the program.

Sec. 502. Provision for future servicing of observatory-class 
        scientific spacecraft

    Directs the Administrator to ensure that provision is made 
for all future observatory-class scientific spacecraft intended 
to be deployed in Earth orbit or at Lagrangian points in space 
for robotic or human servicing and repair.

Sec. 503. Mars exploration

    Reaffirms the Congress' support for a systematic and 
integrated program of scientific exploration of the Martian 
surface.

Sec. 504. Importance of a balanced science program

    Expresses the sense of Congress that a balanced and 
adequately funded set of activities all contribute to a robust 
and productive science program and are catalysts for 
innovation. Expresses the further sense of Congress that 
suborbital flight activities provide valuable training 
opportunities and that it is in the national interest to expand 
the size of NASA's suborbital research program.

Sec. 505. Restoration of RTG material production

    Requires the OSTP Director to develop a plan for restarting 
and sustaining the domestic production of Radioisotope 
Thermoelectric Generator (RTG) material for deep space and 
other space science missions and to deliver the plan to 
Congress within 270 days of the enactment of the Act. 
$5,000,000 is authorized for radioisotope material production.

Sec. 506. Assessment of impediments to interagency cooperation on space 
        and earth science missions

    Requires the Administrator to arrange for the National 
Research Council to assess impediments to interagency 
cooperation on space and Earth science missions and to provide 
the report to Congress within 15 months of the enactment of the 
Act.

Sec. 507. Assessment of cost growth

    Requires the Administrator to arrange for an independent 
external assessment to identify the primary causes of cost 
growth in large, medium, and small space and Earth science 
spacecraft mission classes and to identify recommendations and 
to provide the report within 15 months of the enactment of the 
Act.

                       TITLE VI--SPACE OPERATIONS


                SUBTITLE A--INTERNATIONAL SPACE STATION

Sec. 601. Utilization

    Directs the Administrator to take all necessary steps to 
ensure that the International Space Station (ISS) remains a 
viable and productive facility of potential U.S. utilization 
through at least 2020 and to take no steps that would preclude 
its continued operation and utilization by the U.S. after 2016.

Sec. 602. Research management plan

    Requires the Administrator to develop a research management 
plan for the ISS. Directs the Administrator to establish a 
process to support ISS National Lab users in identifying 
requirements for transportation of research supplies to the ISS 
and to develop an estimate of transportation requirements 
needed to support users of the ISS National Lab. Directs the 
Administrator to identify existing research and support 
equipment that are manifested for flight and to provide a 
description of the status, budget and milestone of research 
equipment that were completed or in-development prior to being 
cancelled. Requires the Administrator to establish an advisory 
panel under the Federal Advisory Committee Act to monitor the 
activities and management of the ISS National Lab.

Sec. 603. Contingency plan for cargo resupply

    Requires the Administrator to develop a contingency plan 
and arrangements to ensure the continued viability and 
productivity of the ISS in the event that U.S. commercial cargo 
resupply services are not available after the Space Shuttle is 
retired and to deliver the plan within one year of enactment of 
the Act.

                       SUBTITLE B--SPACE SHUTTLE

Sec. 611. Flight manifest

    Establishes that 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. Requires the Administrator to take all necessary 
steps to fly one additional Space Shuttle flight to deliver the 
Alpha Magnetic Spectrometer (AMS) to the ISS prior to the 
retirement of the Space Shuttle. Establishes that the Space 
Shuttle be retired following the completion of the baseline 
flight manifest and the additional flight carrying the AMS, 
events which are anticipated to occur in 2010.

Sec. 612. Disposition of shuttle-related assets

    Requires the Administrator to provide a plan for the 
disposition of the remaining Space Shuttle orbiters and other 
Space Shuttle program-related hardware and facilities after the 
retirement of the Space Shuttle fleet and to not dispose of any 
Space Shuttle-related hardware prior to the completion of the 
plan, which shall be submitted to Congress within 90 days on 
the enactment of the Act.

Sec. 613. Space shuttle transition liaison office

    Directs the Administrator to establish an office within 
NASA's Office of Human Capital Management to assist local 
communities affected by the termination of the Space Shuttle 
program, which will be operated until 24 months after the last 
Space Shuttle flight.

                      SUBTITLE C--LAUNCH SERVICES

Sec. 621. Launch services strategy

    Requires the Administrator to develop a strategy for 
providing launch services in support of NASA's small and medium 
science, space operations, and exploration missions in 
preparation for awards to follow up on the current NASA Launch 
Services contracts and to provide this report within 90 days of 
the enactment of the Act.

                          TITLE VII--EDUCATION


Sec. 701. Response to review

    Requires the Administrator to develop 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,'' and to 
provide this report within one year of the enactment of the 
Act.

Sec. 702. External review of explorer school program

    Requires the Administrator to arrange for an independent 
external review of the Explorer Schools program and provide the 
report within one year of the enactment of the Act.

                     TITLE VIII--NEAR EARTH OBJECTS


Sec. 801. In general

    Expresses Congress' support of the policy direction in P.L. 
109-155 for NASA to detect, track, catalogue and characterize 
the physical characteristics of near-Earth objects equal to or 
greater than 140 meters in diameter.

Sec. 802. Findings

    Includes findings on the potential threat posed by near-
Earth objects and the need to prepare appropriate policies and 
procedures.

Sec. 803. Requests for information

    Directs the Administrator to issue requests for information 
on a low cost space mission to rendezvous with the Apophis 
asteroid, and 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

    Requires the OSTP Director to develop a policy for 
notifying Federal agencies and relevant emergency response 
institutions of an impending NEO threat if near term public 
safety is at stake, to recommend a Federal agency or agencies 
to be responsible for protecting the Nation from a near-Earth 
object that is anticipated to collide with Earth and 
implementing a deflection campaign, in consultation with 
international bodies, should one be required.

Sec. 805. Planetary radar capability

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

Sec. 806. Arecibo observatory

    Expresses Congress' support for the use of the Arecibo 
Observatory for NASA-funded near-Earth object-related 
activities, and requires the Administrator to 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 is completed.

                         VIII. Committee Views


Sec. 101(a). Baseline authorization for fiscal year 2009

    The Committee believes that NASA should be given resources 
sufficient to safely and effectively carry out the tasks the 
nation has given it. The current mismatch between funding and 
responsibilities has led to stresses across all of NASA's 
program areas. Thus, the baseline authorization for FY 2009 in 
this bill provides a fiscally responsible inflationary increase 
of 2.8 percent to the FY 2008 authorization level enacted in 
the NASA Authorization Act of 2005 [P.L. 109-155]. The baseline 
authorization for FY 2009 also represents an increase over the 
FY 2008 Omnibus appropriation for NASA that is consistent with 
the rate of increase included for R&D agencies in the America 
COMPETES Act [P.L. 110-69]. The Committee believes strongly 
that NASA has an important role to play in the nation's 
innovation agenda.

Sec. 204. Transitioning experimental research into operational services

    The Committee continues to stress the need for effective 
processes to transition NASA research sensors and missions into 
operational status, when appropriate. Several NASA climate 
research, space weather, and Earth science missions and sensors 
have demonstrated their potential to continue benefiting 
society as long-term operational systems. Although NASA has 
taken initial steps in coordinating research transitions for 
operational services, the Committee believes that more concrete 
planning is needed. The case of the National Polar Orbiting 
Environmental Satellite System (NPOESS) is one notable example 
in which the lack of effective transition planning has cost the 
U.S taxpayers significant expense, delays, and potential 
disruptions in sustaining valuable Earth and climate 
observations. The National Academies Earth science decadal 
survey underscores the importance of research to operations 
transitions.
    In view of the perspectives conveyed through the National 
Academies' Earth science decadal survey as well as testimony at 
Subcommittee hearings, the Committee believes that the issue of 
transitioning NASA Earth science research into potential NOAA 
operations requires national-level attention and coordination 
through OSTP. The Committee recognizes that transitioning 
research missions and sensors into operational status should 
not exclude the continued research and science needs as part of 
an operational system. Any OSTP process for NASA-NOAA 
transitions should address both long-term scientific 
measurements required to support research as well as the needs 
of operational communities. In addition, the Committee 
recognizes that transitions require considerable coordination 
and planning, a process that should begin early in a mission 
project.

Sec. 205. Landsat thermal infrared data continuity

    The Committee recognizes the importance of Landsat's long-
term data record for climate change research and for the 
applications that these data have enabled over the thirty five 
years of the Landsat program's operations. This record has 
included thermal infrared data since the early 1980s. The 
Committee believes that the continuity of these thermal 
infrared data should be retained--especially for their use in 
water management, which is of increasing national and global 
importance. The Committee notes that NASA has not fully 
analyzed options for providing continuity of thermal data; a 
plan is needed for ensuring the continuity of thermal infrared 
data or its equivalent. In preparing that plan, NASA should 
give serious consideration to developing a thermal infrared 
sensor at minimum cost and flying it on the Landsat Data 
Continuity mission if it can be done without undue delay or 
risk to the mission.

Sec. 206. Reauthorization of Glory mission

    The Committee is disappointed that the Glory mission has 
grown in cost thirty percent above the baseline cost estimate 
reported to Congress at the onset of the project. The Committee 
was not notified of the thirty percent cost overrun in Glory 
until at least five months after the agency determined that the 
mission had exceeded Congressionally-set thresholds, and the 
Committee expects NASA to adhere to the statutory deadlines for 
notifying Congress when missions exceed such thresholds and 
will not look favorably on future reporting delays.
    The Committee has reauthorized Glory, because of the 
mission's importance in ensuring long-time-series measurements 
related to the Earth's climate, as well as because of the 
mission's anticipated contributions to understanding the 
dynamics and factors influencing the Earth's climate. The 
importance of the Glory mission was emphasized in the National 
Academies' Earth science decadal survey interim report and 
again in the final decadal survey. According to the Earth 
science decadal survey, ``The Glory mission would provide data 
essential for climate research and prediction . . . . It would 
also ensure continuity of the solar irradiance time series, 
which goes back to 1978 and whose value would be diminished 
should there be any gap in the measurement.'' The Committee has 
reiterated the importance of ensuring the nation's commitment 
to long-term monitoring and observations of the Earth's 
systems. The Committee believes it is in the nation's best 
interest for NASA to complete and launch the Glory mission 
without further delay.

Sec. 207. Plan for disposition of Deep Space Climate Observatory

    The Committee notes that considerable resources and 
scientific and engineering effort were expended in the 
development of the Deep Space Climate Observatory [DSCOVR] 
spacecraft, but that at present the spacecraft hardware is 
sitting in crates at the NASA Goddard Space Flight Center at a 
cost of thousands of dollars per month. That is an unacceptable 
outcome for such an investment of taxpayer funds. NASA needs to 
seriously examine all credible options for DSCOVR, including 
public-private partnerships, international collaborations, 
transfer to another agency, or even use of the hardware for 
other NASA missions.

Sec. 301. Environmentally friendly aircraft research and development 
        initiative

    The Committee recognizes that NASA research has contributed 
significantly to advances in lower noise and reduced emissions 
from aircraft. However, the Committee believes that NASA's 
research, development and demonstration activities in the areas 
of aircraft noise and greenhouse gas emissions need to be 
expanded to provide the technological options that will be 
required in the future, as well as the research results that 
can assist policymakers in the future promulgation of 
appropriate aviation policies and procedures. The Committee 
believes that the effectiveness of the R&D and demonstration 
activities called for in this section will be greatly enhanced 
by the active involvement of industry and the nation's 
universities, and NASA should take steps to encourage such 
involvement.

Sec. 303. Research program to determine perceived impact of sonic booms

    The Committee believes that demonstrating the ability to 
fly supersonically over land without adverse impact on the 
environment or on local communities would open up an entirely 
new flight regime for use by the public and offer significant 
economic and other benefits. However, the current prohibition 
against supersonic flight over the United States landmass would 
need to be lifted for such flight operations to become 
possible. It is not possible to set an appropriate ``sonic 
boom'' standard that would protect the public interest without 
first obtaining sufficient data on the perceived impact of 
different sonic boom levels through flight experiments in a 
relevant environment and by other appropriate means. NASA, in 
cooperation with industry, is uniquely equipped to carry out 
such research, and the Committee believes the potential 
benefits warrant it undertaking such a research initiative.

Sec. 304. External review of NASA's aviation safety-related research 
        programs

    The Committee strongly believes that NASA's aviation 
safety-related research programs are some of the most important 
activities that NASA undertakes, since they bear directly on 
the safety of the flying public. The Committee already has the 
Government Accountability Office reviewing the National 
Aviation Operations Monitoring Service (NAOMS) aviation safety 
survey project to assess its methodology and determine whether 
any safety trends can be discerned from the data collected by 
NAOMS. However, the Committee believes it is important to have 
an external review of all of NASA's aviation safety-related 
research programs--not because the Committee has reason to 
believe they are deficient, but because the Committee wants to 
be confident that those programs are properly focused, 
coordinated, productive, and have adequate resources to carry 
out the needed research. In that regard, the Committee remains 
troubled by the decline in NASA's support for human factors 
research, which will be critically important for ensuring the 
safe operation of future aircraft by pilots, as well as the 
safe operation of the nation's future air traffic management 
system. The Committee thus urges NASA to take whatever steps 
are necessary to ensure that the agency will retain a healthy 
and productive human factors research program.

Sec. 401. Sense of Congress

    The United States is the preeminent spacefaring nation in 
the world, and the Committee believes that it is in the 
national interest for it to remain so. However, it is also in 
the national interest for the United States to carry out its 
human exploration activities, whether on the International 
Space Station or in missions to the Moon and beyond, as 
cooperative endeavors with America's friends and with America's 
allies. Such an approach will lead to scientific, operational, 
and geopolitical benefits and should be encouraged. However, 
the Committee believes that for such an approach to be as 
productive as possible, the United States needs to engage with 
the political leadership of its potential partners at the 
highest levels, and the Committee urges the next President of 
the United States to do so.

Sec. 404. Exploration technology development

    The Committee believes that long-term investments in 
technology development provide the ``seed corn'' necessary for 
a sustainable program of human and robotic exploration of the 
solar system. Near-term programmatic needs will always compete 
with the requirement to invest adequately in technologies that 
will enable future exploration capabilities; however, it is 
important for the nation to invest in such long-term technology 
development activities, including such things as life support, 
habitation systems, in-space propulsion, power systems, 
avionics, and so forth. The Committee believes that an 
appropriate goal for such a technology program is to invest at 
least ten percent of the total Exploration Systems Mission 
Directorate (ESMD) budget in such technology development 
activities. The Committee is aware, however, of the current 
budgetary constraints under which ESMD is operating, and thus 
the Committee has identified ten percent as a goal rather than 
a mandate. Similarly, the Committee believes that the nation's 
universities, research institutions, and industry have much to 
contribute to such long-term technology development, and thus 
the Committee believes that it is an appropriate goal for the 
agency to allocate at least fifty percent of the funding of 
such a technology development program to external grants and 
contracts. At the same time, the Committee recognizes the 
world-class capabilities of the NASA workforce--as well as the 
importance of maintaining a competent and engaged workforce at 
NASA's Centers--and believes that a significant portion of such 
long-term technology development should thus be carried out by 
NASA's Centers.

Sec. 406. Exploration crew rescue

    The Committee believes that in the future, space faring 
nations will be well served to have in place the means to 
enable timely crew rescue in the event space vehicles are 
disabled or experience other emergencies. The historic 1975 
Apollo-Soyuz Test Project, during which an American Apollo 
spacecraft docked with a Soviet Soyuz spacecraft, illustrates 
the careful planning and cooperative effort needed to develop a 
means of enabling the docking of dissimilar spacecraft. The 
Committee believes that it is important for NASA to initiate 
discussions with other space faring nations with the intent of 
agreeing on a common docking system standard that will enable 
emergency crew rescue in the future.

Sec. 501. Technology development

    The Committee is concerned that NASA's lack of investments 
in cross-Directorate technology will hamper the creativity of 
scientists and engineers to pursue science objectives as well 
as the capability for encouraging innovation in NASA's science 
programs. Several National Academies reports have raised 
concern about the lack of NASA's investments in technology 
development to enable future missions. The Committee intends 
for the technology development program to help reduce technical 
risk in NASA's science missions, a factor that has often been 
cited as a major contributor to cost growth and schedule delay. 
The Committee does not intend for a cross-Directorate 
technology program to substitute for mission-specific 
technology development. Rather, the authorized technology 
development program will enable long lead-time, cross-cutting 
technologies applicable to missions across the Science Mission 
Directorate. The program should be open to industry, 
university, and other research institutions to ensure the 
inclusion of the widest possible range of innovative technology 
developments that meet the standards of competitive peer-
review. While the Committee believes that five percent of the 
Science Mission Directorate (SMD) annual budget is an 
appropriate level for such an activity, the Committee 
recognizes the current constraints under which SMD is operating 
and has thus established it as a goal rather than a mandate.

Sec. 502. Provision for future servicing of observatory-class 
        scientific spacecraft

    The Committee believes that in the case of future 
observatory-class scientific spacecraft costing a billion 
dollars or more that are deployed in low Earth orbit or at a 
Langrangian point in space, it will not be acceptable to just 
write off the investment/scientific loss if it would have been 
possible to send astronauts or robotic spacecraft to make a 
simple repair. NASA has come to a similar recognition, as 
evidenced by its decision to install a docking ring on the 
James Webb Space Telescope. To quote the head of NASA's Science 
Mission Directorate at the time that decision was made: 
``However, what if you have a bad day when you put this thing a 
million miles out and everything folds out except for an 
antenna . . . it gets stuck? Or a solar panel doesn't fold out 
completely, and you say, `gee, I wish we could send an 
astronaut just to give it a kick?''' Similarly, as was the case 
with Hubble, there may be future observatory-class spacecraft 
whose scientific objectives could be greatly enhanced if they 
had the capability of being serviced. Thus, the Committee 
believes that NASA, in consultation with the science community, 
should determine what the most appropriate approach should be 
to ensuring that provision is made for such capabilities in 
future observatory-class spacecraft. The most appropriate 
approach is likely to vary for each mission, and in some cases 
may be as simple as a grappling fixture or docking ring. The 
Committee leaves it to the expertise and judgment of NASA and 
the science community to determine the most appropriate 
approaches. Finally, the Committee does not intend this 
provision to apply to missions currently under development.

Sec. 504. Importance of a balanced science program

    Over the past year, NASA has started to revitalize its 
suborbital science program, which uses sounding rockets, 
aircraft, and high-altitude balloons to conduct a variety of 
Earth and space science experiments. This development is 
particularly welcome, because these activities not only advance 
scientific knowledge, but provide valuable opportunities to 
train the next generation of scientists and engineers, 
particularly in systems engineering and integration skills that 
are critical to successful conduct of science missions. We urge 
NASA to continue its commitment to a robust suborbital program 
and to expand its size.
    In addition, the Committee recognizes that the emergence of 
a commercial suborbital reusable launch vehicle industry will 
create additional opportunities beyond previous suborbital 
experiment platforms to pursue unique and/or more affordable 
scientific investigations, including iterative and/or human-
tended missions and experiments. These new commercial 
capabilities may also be useful to mature technology readiness 
and provide other risk reduction for major space and earth 
science flight programs. The Committee believes that NASA 
should start to plan for such opportunities.

Sec. 505. Restoration of radioisotope thermoelectric generator material 
        production

    The Committee believes that the absence of a nationally-
produced source of radioisotope thermoelectric generator (RTG) 
material will seriously compromise the nation's future 
opportunities to explore the Universe and our leadership in 
space science. Without this material, the United States will 
not be able to continue to explore the outer planets of the 
solar system and their satellites, to send more capable rovers 
to explore planetary surfaces, or to conduct other compelling 
exploration activities. RTGs are used as power sources for deep 
space missions traveling to destinations beyond Jupiter where 
solar power is insufficient and may be used for long-duration 
exploration of planetary surfaces. United States production of 
the nuclear material used in RTGs, plutonium-238, ceased 
several years ago. The United States has relied on purchasing 
plutonium-238 from Russia, however, the availability of 
procuring additional material from Russia is highly uncertain, 
and Russia has indicated that it is going to reduce its 
production. The Office of Science and Technology Policy needs 
to develop a plan to rectify this problem if the U.S. is to 
maintain a viable and robust program of robotic exploration of 
the outer solar system and long-duration scientific exploration 
of planetary surfaces.

Sec. 507. Assessment of cost growth

    The Committee is concerned about the number of Earth and 
space science missions that have exceeded the Congressionally-
set thresholds for cost growth and schedule delays set in PL 
109-155. Several missions have exceeded 15 percent of their 
baseline cost estimates and/or have been delayed by six months 
or longer, and one mission (Glory) has exceeded 30 percent of 
its baseline estimate. The increases in the cost of missions 
currently under development limits NASA's science programs from 
conducting other science activities and, in some cases, affects 
the overall balance of a discipline area. NASA needs to assess 
the root causes of cost increases, determine if they are 
systemic, and take aggressive actions to prevent further cost 
growth and schedule slips.

Sec. 601. Utilization

    The Committee supports the full productive use of the 
International Space Station (ISS) to support fundamental 
research, applied research to enable NASA's long-term 
exploration goals, commercial research, and other non-NASA 
Federally funded research. The Committee believes it is in the 
nation's best interest to ensure the productive utilization of 
the significant investment and engineering capability of the 
ISS, which is the world's only on-orbit microgravity 
laboratory. NASA's current plans support the utilization and 
operation of the ISS through 2016, a timeline that provides 
only 6 years of full operational capability following the 
planned completion of the Space Station by 2010. Ceasing 
operation of the Space Station by 2016 will foreclose 
opportunities that could yield benefits to society and will 
also minimize the return on investment for the United States 
and the international partners that have contributed 
laboratories and facilities as part of the ISS. In addition, 
the Committee recognizes that the relationships and cooperative 
framework that have been established and fostered through the 
development and assembly of the ISS are an important baseline 
for the United States' future international exploration 
initiatives and should be sustained.

Sec. 602. Research management plan

    The Committee believes that NASA needs to take immediate 
action in preparing for the full utilization of the ISS. NASA 
and the partners of the ISS plan to support a 6-person crew on 
the Station in 2009 and full assembly of the Station is 
anticipated to be completed in 2010. The NASA Authorization Act 
of 2005 designated the ISS as a National Laboratory. Two 
Federal agencies have signed Memoranda of Understanding to 
participate as National Laboratory users and others have 
expressed interest.
    In recent years, NASA cut funding for ISS research 
activities and canceled research facilities that had been 
completed or in development to support research on the ISS. The 
Committee believes that NASA needs to reinvigorate the research 
community and the pipeline of experiments to be conducted on 
the ISS. NASA needs to have a plan in place for managing the 
utilization of the Space Station to support its internal 
research requirements, those of NASA-funded researchers, and 
those of the ISS National Laboratory users. Transportation and 
access to the ISS will enable the productive utilization of the 
Station; plans need to be developed for supporting the 
transportation needs of ISS National Laboratory users.

Sec. 603. Contingency plan for cargo resupply

    The Committee supports NASA's decision to secure cargo 
resupply needs to the International Space Station through 
commercial services. However, to ensure the continued viability 
and productivity of the International Space Station in the 
event commercial cargo resupply services are not available 
during any extended period after the date that the Space 
Shuttle is retired, the Committee believes that it is important 
for NASA to have a contingency plan and arrangements in place 
by which other options can be invoked, including the use of 
international partner assets such as the European Automated 
Transfer Vehicle (ATV) and Japanese H-II Transfer Vehicle 
(HTV).

Sec. 611. Flight manifest

    The Committee has had ample testimony on the necessity of 
ensuring that critical spares and equipment are delivered to 
the International Space Station (ISS) after the retirement of 
the Space Shuttle to maintain the viability of that orbiting 
facility. The original four-year gap that was built into the 
President's Vision for Space Exploration (VSE) between the 
retirement of the Space Shuttle and the availability of the 
Crew Exploration Vehicle [which is now a five-year gap], as 
well as the current lack of operational commercial cargo 
services make it imperative that NASA fly the ULF-4 and ULF-5 
missions to the ISS to minimize the risk to the continued 
viability of the ISS that the gap has created. It would be 
extremely short-sighted and imprudent to jeopardize a $50 
billion national investment--as well as additional significant 
international investment--by forgoing flights that have already 
been budgeted for and for which space exists in the flight 
manifest.
    The Alpha Magnetic Spectrometer (AMS) science experiment, 
sponsored by the U.S. Department of Energy (DOE), is a 16-
nation collaborative effort. At a reported investment of over 
$1.5 billion, the instrument has taken 500 physicists from 
around the world 12 years to build. In the aftermath of the 
Columbia accident, NASA notified DOE that it would not be able 
to launch the 15,000 pound AMS on the Space Shuttle to the ISS 
due to technical and schedule constraints even though it had 
originally committed to fly the AMS to the ISS. However, 
integration activities have continued to date and completion is 
scheduled for December 2008. NASA has indicated on numerous 
occasions that the Space Shuttle manifest is fully subscribed 
with hardware and supplies needed to safely maintain the ISS in 
the post-Shuttle era and that flying AMS on one of the few 
remaining scheduled Space Shuttle flights would mean bumping 
other critical ISS hardware and spares needed to maintain the 
ISS. Alternative transportation to the ISS using other means 
than the Space Shuttle has been explored and, according to 
NASA, would require extensive modifications to the AMS and 
added costs. Because of the science that only AMS can provide, 
particularly looking for evidence of how the universe was 
formed, and because of the Committee's view that the United 
States should honor its international science and technology 
commitments, the Committee believes that flying AMS to the ISS 
warrants the addition of another flight prior to the retirement 
of the Space Shuttle.
    The Committee believes strongly that the Space Shuttle 
retirement should be based on the completion of its flight 
manifest rather than being determined by an arbitrary, budget-
driven date of September 2010. The Committee notes that its 
approach is fully consistent with the approach taken in the 
President's Vision for Space Exploration, which directed the 
Administrator to ``retire the Space Shuttle as soon as assembly 
of the International Space Station is completed, planned for 
the end of this decade.'' However, the Committee does not 
intend the lack of a specific calendar date to be construed as 
willingness on the part of the Committee to fly the Shuttle 
indefinitely, and the Committee believes, based on NASA's 
analyses, that barring problems it should prove possible to 
complete the manifest called out in this bill in 2010, and that 
significant additional funding should not be required beyond 
the roughly $300 million NASA estimates will be needed to carry 
out the AMS mission [of which the FY 2009 funding requirement 
is estimated to be $150 million]. However, the Committee 
believes it would be unwise to ordain a ``date certain'' for 
completion of the manifest. The Committee takes quite seriously 
the Columbia Accident Investigation Board's finding that 
``schedule pressure'' and the need to meet an arbitrary 
milestone by a particular date helped contribute to the 
conditions that led to the Columbia accident. The Committee 
does not want to see such a situation arise again.

Sec. 612. Disposition of Shuttle-related assets

    Once the Space Shuttle is retired, there will be a 
significant number of Shuttle-related artifacts that would be 
of interest to museums, science centers, educational 
institutions, and other organizations, and the Committee wants 
to ensure that NASA has developed a process by which those 
entities will be able to acquire--either by loan or by 
disposition by the federal government--those artifacts for 
display or for other educational purposes. The Committee has no 
interest in overseeing the disposition of each asset or having 
the Administrator seek Congressional approval for each 
disposition decision. However, the Committee does want NASA to 
provide an overall plan for the disposition process so that it 
can have confidence that the legitimate interests of 
appropriate outside organizations in getting access to Shuttle-
related artifacts are recognized and properly accommodated and 
that artifacts of interest are not inadvertently destroyed or 
otherwise disposed of without prior review.

Sec. 803. Requests for information

    The Committee recognizes that acquiring details on the 
nature of the Apophis asteroid from space and the demonstration 
of techniques such as rendezvousing and tagging of the asteroid 
with a radio beacon could prove critical for a deflection 
mission, if one were deemed necessary. Pooling ideas for such 
approaches is a necessary first step and a request for 
information provides a mechanism for acquiring initial 
concepts. Similarly, the Committee notes that a medium-sized 
space mission with the purpose of contributing to a survey of 
90 percent of near-Earth objects 140 meters in diameter or 
larger, as directed in the 2005 NASA Authorization Act, could 
potentially complete the job faster than a ground-based survey 
and NASA should solicit ideas for such approaches. While 
scientists estimate that the risk of Apophis colliding with 
Earth to be small, the proximity of the asteroid to Earth in 
the near future provides an opportunity to develop and validate 
tools and techniques that could advance our capability to 
respond to an impending asteroid collision with Earth, should 
the situation occur.

Sec. 804. Establishment of a policy

    The Committee believes that the nation must take steps to 
develop a policy for addressing near-Earth objects anticipated 
to collide with Earth. Although existing Congressional policy 
directs NASA to detect, track, catalogue, and characterize 
near-Earth objects, there is no process in place for 
communicating and coordinating a response among Federal 
agencies and emergency response institutions should an object 
be discovered to be on a collision course with Earth. At 
present, no agency or agencies are charged with the 
responsibility for protecting the nation from a near-Earth 
object, including executing a deflection campaign and working 
with relevant international entities on such matters.

Sec. 805. Planetary radar capability

    The Committee believes that it is in the interest of the 
nation to retain a NASA capability in planetary radar. NASA's 
planetary radar, which is part of the Deep Space Network's 
(DSN) facility in Goldstone, California, is one of only two 
planetary radars in the world, the other being at the Arecibo 
Observatory in Puerto Rico. Planetary radar is used to track, 
characterize, and refine the trajectories of near-Earth 
objects, processes that are essential to estimating the chances 
that a potentially hazardous asteroid will collide with Earth. 
The radars are also used to conduct planetary research. The 
world's two planetary radars are complementary; one is a 
steerable system that can track objects across an area of the 
sky and the other is a stationary system with powerful 
sensitivity. The Committee wants to ensure that adequate 
provision is made for the need to retain a planetary radar 
capability when the DSN is upgraded.
    Congressional policy established in P.L. 109-155 directs 
NASA to expand its search for near-Earth objects from those 1 
kilometer in diameter or larger, as included in earlier 
Congressional direction, to objects that are 140 meters in 
diameter or larger. The Committee recognizes that this expanded 
search is expected to lead to an increase in objects that fall 
into the potentially hazardous category; those objects will 
need to be assessed for their risk of Earth impact. The 
Committee believes that the NASA planetary radar is a critical 
part of the infrastructure necessary for NASA to implement 
Congressional policy on near-Earth objects. In addition, the 
Committee emphasizes the need to ensure that the availability 
of detailed data on potentially hazardous objects be collected 
in as timely a fashion as possible to support estimates of the 
potential risks that such objects may pose to public safety.

Sec. 902. Commercial crew initiative

    The Committee believes that the development of a commercial 
crew transfer and services capability for low Earth orbit 
operations is in the national interest, as is the development 
of a commercial cargo services capability. The Committee thus 
supports Commercial Orbital Transportation Services (COTS) 
demonstration programs in both areas. While the Committee is 
authorizing limited funds in FY 2009 for the Phase 1 COTS 
crewed vehicle demonstration program, it envisions the program 
to be multi-year in nature, as has been the case with the Phase 
1 COTS cargo demonstration program, with additional funding to 
be authorized in future years and expended if appropriate 
performance milestones are achieved. In addition to the main 
awards, the Committee would encourage NASA to contemplate 
making additional smaller awards to encourage the demonstration 
of commercial crewed vehicle capabilities by other emerging 
space transportation companies.

Sec. 1001. Review of information security controls

    Research generated at NASA facilities is heavily sought 
after by those intent on causing disruption at a highly visible 
government agency or gaining a competitive technical advantage 
by avoiding costly and time-consuming research. The risks are 
real: NASA's Deputy Chief Information Officer (CIO) for 
Information Technology Security recently reported that for 
March 2008 alone, over one billion scans of NASA systems were 
made by external entities with the likely intent of scanning 
for vulnerabilities in NASA systems that they could quickly 
exploit. Because of the integrated manner by which computer 
networks are intertwined in how NASA conducts its business--in 
research, development of spacecraft, and control of crewed and 
robotic--missions the Committee believes that an independent 
review by the Government Accountability Office of NASA's 
information security controls is urgently needed.

Sec. 1102. Space traffic management

    Given that more and more nations are undertaking civil and 
commercial space launch operations, the Committee believes that 
it is important to ensure that information intended to promote 
safe access, re-entry, and in-space operations by civil and 
commercial entities can be shared among those nations in an 
appropriate way. The Committee is not recommending a specific 
approach, and instead asks NASA to work with other government 
agencies as appropriate to initiate discussions with other 
nations to determine an appropriate framework under which such 
information can be shared.

Sec. 1103. Study of export control policies related to civil and 
        commercial space activities

    There has been ample testimony and findings by expert 
witnesses and independent commissions expressing the belief 
that the current export control policies are having an adverse 
impact on the competitiveness of the U.S. aerospace industry 
and on the ability of agencies and researchers to carry out 
international cooperative activities in science and technology 
without a countervailing positive impact on national security. 
The Committee believes that it is important for the Office of 
Science and Technology Policy to conduct an assessment of the 
impact of the current export control policies related to civil 
and commercial space activities and develop appropriate 
recommendations.

Sec. 1104. Astronaut health care

    The Committee received comprehensive testimony from Col. 
Richard Bachmann, Jr., chair of the independent review of 
NASA's astronaut health care system that stressed the 
importance of anonymous surveys when attempting to monitor the 
effectiveness of that health care system and ensure its 
continued effectiveness.

Sec. 1107. Commercial launch range study

    A number of states are contemplating or actively planning 
the development of commercial space launch ranges. While the 
Federal Aviation Administration's Office of Commercial Space 
Transportation provides guidance and licensing information 
related to the establishment of commercial spaceports, there 
are cases where the proximity of the proposed commercial launch 
range to a federal launch range or facility, such as is the 
case in Florida, can complicate the planning process and raise 
special issues. The Committee believes that the Office of 
Science and Technology Policy should develop coordination 
mechanisms to ease the difficulties states face in such 
situations.

                           IX. Cost Estimate

    A cost estimate and comparison prepared by the Director of 
the Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974 has been timely submitted to 
the Committee on Science and Technology prior to the filing of 
this report and is included in Section X of this report 
pursuant to House Rule XIII, clause 3(c)(3).
    H.R. 6063 does not contain new budget authority, credit 
authority, or changes in revenues or tax expenditures. Assuming 
that the sums authorized under the bill are appropriated, H.R. 
6063 does authorize additional discretionary spending, as 
described in the Congressional Budget Office report on the 
bill, which is contained in Section X of this report.

              X. Congressional Budget Office Cost Estimate


H.R. 6063--National Aeronautics and Space Administration Authorization 
        Act of 2008

    Summary: H.R. 6063 would authorize the appropriation of 
$20.2 billion for activities of the National Aeronautics and 
Space Administration (NASA) for 2009. CBO estimates that the 
National Oceanic and Atmospheric Administration (NOAA) and 
Office of Science and Technology Policy (OSTP) would need an 
additional $5 million over the 2009-2013 period under the bill 
for planning and reporting requirements related to space 
research. Assuming appropriation of the authorized and 
necessary amounts, CBO estimates that implementing H.R. 6063 
would cost $20.1 billion over the 2009-2013 period. Enacting 
H.R. 6063 would not affect direct spending or revenues.
    H.R. 6063 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 6063 is shown in the following table. 
The costs of this legislation fall within budget functions 250 
(general science, space, and technology), 300 (natural 
resources and environment), and 800 (general government).

----------------------------------------------------------------------------------------------------------------
                                                               By fiscal year, in millions of dollars--
                                                    ------------------------------------------------------------
                                                       2009      2010      2011      2012      2013    2009-2013
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

National Aeronautics and Space Administration:
    Space Operations:
        Authorization Level........................     6,075         0         0         0         0      6,075
        Estimated Outlays..........................     4,495     1,458        61        30         0      6,044
    Science:
        Authorization Level........................     4,932         0         0         0         0      4,932
        Estimated Outlays..........................     2,861     1,726       197        49        49      4,882
    Exploration:
        Authorization Level........................     3,886         0         0         0         0      3,886
        Estimated Outlays..........................     1,904     1,788        78        38        38      3,846
    Cross-Agency Support:
        Authorization Level........................     3,300         0         0         0         0      3,300
        Estimated Outlays..........................     1,782     1,485        33         0         0      3,300
    Human Space Flight Gap:
        Authorization Level........................     1,000         0         0         0         0      1,000
        Estimated Outlays..........................       740       240        10         5         0        995
    Aeronautics:
        Authorization Level........................       853         0         0         0         0        853
        Estimated Outlays..........................       410       393        26         9         9        847
    Education:
        Authorization Level........................       128         0         0         0         0        128
        Estimated Outlays..........................        15        54        33        18         6        126
    Inspector General:
        Authorization Level........................        36         0         0         0         0         36
        Estimated Outlays..........................        31         5         0         0         0         36
    Subtotal:
        Authorization Level........................    20,210         0         0         0         0     20,210
        Estimated Outlays..........................    12,237     7,149       438       149       102     20,076
OSTP and NOAA Activities:
        Estimated Authorization Level..............         2         2         *         *         *          5
        Estimated Outlays..........................         2         2         *         *         *          5
    Total Changes:
        Estimated Authorization Level..............    20,212         2         *         *         *     20,215
        Estimated Outlays..........................    12,239     7,151       438       149       103    20,081
----------------------------------------------------------------------------------------------------------------
Notes.--OSTP = Office of Science and Technology Policy; NOAA = National Oceanic and Atmospheric Administration.
* = less than 500,000.

    Basis of estimate: For this estimate, CBO assumes that H.R. 
6063 will be enacted before the end of 2008 and that the entire 
amounts authorized and estimated to be necessary will be 
appropriated. Estimated outlays are based on historical 
spending patterns for existing programs.
    H.R. 6063 would authorize the appropriation of $20.2 
billion for activities of NASA in 2009. CBO estimates that the 
appropriation of that amount, plus an additional $5 million 
over the 2009-2013 period for NOAA and OSTP reporting 
requirements, would result in discretionary outlays of $20.1 
billion over the 2009-2013 period.

National Aeronautics and Space Administration

    For 2008, NASA received an appropriation of $17.3 million. 
H.R. 6063 would authorize the appropriation of $20.2 billion in 
2009 for the following NASA programs, including:
           Space Operations: $6.1 billion to support 
        the International Space Station, final missions and 
        retirement of the Space Shuttle, and launch and rocket 
        propulsion testing;
           Science: $4.9 billion for Earth research and 
        planetary science, planetary radar observations, 
        astrophysics, heliophysics, and suborbital research, 
        and support of the Mars exploration program;
           Exploration: $3.9 billion to support the 
        Ares I launch and Orion crew vehicles, lunar precursor 
        robotic program, exploration risk mitigation research, 
        and other exploration technology;
           Cross-Agency Support: $3.3 billion to manage 
        center and agency concerns, the innovative partnership 
        program, and facilities and laboratory construction and 
        maintenance;
           Human Space Flight Gap: $1 billion to 
        accelerate the initial operating capability of the 
        next-generation space shuttle and associated ground 
        support and launch systems;
           Aeronautics: $853 million to research and 
        develop aircraft safety and capabilities (including 
        evaluating airspace, space weather, and environmental 
        concerns), create a joint aeronautics research and 
        development advisory council, and award university 
        grants;
           Education: $128 million to attract and 
        retain students in the fields of science, technology, 
        engineering, and mathematics; and
           Inspector General: $36 million to conduct 
        investigations into the ongoing operations of the 
        agency.

OSTP and NOAA activities

    CBO estimates that an additional $5 million over the 2009-
2013 period would be necessary under the bill for NOAA and OSTP 
planning and reporting requirements concerning export control 
policies in the aerospace industry; space weather; and other 
space-related issues.
    Intergovernmental and private-sector impact: H.R. 6063 
contains no intergovernmental or private-sector mandates as 
defined in UMRA. The legislation would authorize grants to 
institutions of higher education, including public 
universities, to establish one or more center for Research on 
Aviation Training. Any costs to state, local, or tribal 
governments would result from complying with conditions of aid.
    Estimate prepared by: Federal Costs: Leigh Angres; Impact 
on State, Local, and Tribal Governments: Neil Hood; Impact on 
the Private Sector: Amy Petz.
    Estimate approved by: Peter H. Fontaine, Assistant Director 
for Budget Analysis.

                  XI. Compliance With Public Law 104-4

    H.R. 6063 contains no unfunded mandates.

         XII. Committee Oversight Findings and Recommendations

    The oversight findings and recommendations of the Committee 
on Science and Technology are reflected in the body of this 
report.

      XIII. Statement on General Performance Goals and Objectives

    Pursuant to clause (3)(c) of House Rule XIII, the goals of 
H.R. 6063 are to authorize the science, aeronautics, and human 
space flight programs of the National Aeronautics and Space 
Administration for fiscal year 2009.

                XIV. Constitutional Authority Statement

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact H.R. 6063.

                XV. Federal Advisory Committee Statement

    The functions of the advisory committees authorized in H.R. 
6063 are not currently being nor could they be performed by one 
or more agencies or by enlarging the mandate of another 
existing advisory committee.

                 XVI. Congressional Accountability Act

    The Committee finds that H.R. 6063 does not relate to the 
terms and conditions of employment or access to public services 
or accommodations within the meaning of section 102(b)(3) of 
the Congressional Accountability Act (Public Law 104-1).

                      XVII. Earmark Identification

    H.R. 6063 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(d), 9(e), or 9(f) of rule XXI.

     XVIII. Statement on Preemption of State, Local, or Tribal Law

    This bill is not intended to preempt any state, local, or 
tribal law.

       XIX. Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION AUTHORIZATION ACT OF 2005

           *       *       *       *       *       *       *



TITLE IV--AERONAUTICS

           *       *       *       *       *       *       *


Subtitle B--High Priority Aeronautics Research and Development Programs

           *       *       *       *       *       *       *


SEC. 427. UNIVERSITY-BASED CENTERS FOR RESEARCH ON AVIATION TRAINING.

  (a) In General.--The Administrator [may] shall award grants 
to institutions of higher education (or consortia thereof) to 
establish one or more Centers for Research on Aviation Training 
under cooperative agreements with appropriate NASA Centers.

           *       *       *       *       *       *       *

                              ----------                              


NATIONAL AERONAUTICS AND SPACE ACT OF 1958

           *       *       *       *       *       *       *



TITLE III--MISCELLANEOUS

           *       *       *       *       *       *       *



                            PRIZE AUTHORITY

  Sec. 314. (a) * * *
  [(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.]
  (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.

           *       *       *       *       *       *       *

  (i) Funding.-- (1) * * *

           *       *       *       *       *       *       *

  (4) No prize competition under this section may offer a prize 
in an amount greater than [$10,000,000] $50,000,000 unless 30 
days have elapsed after written notice has been transmitted to 
the Committee on Science of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the 
Senate.

           *       *       *       *       *       *       *


                     XX. Committee Recommendations

    On June 4, 2008, the Committee on Science and Technology 
favorably reported the National Aeronautics and Space 
Administration Authorization Act of 2008 by a voice vote, and 
recommended its enactment.
    XXI. PROCEEDINGS OF THE MARKUP BY THE SUBCOMMITTEE ON SPACE AND 
     AERONAUTICS ON H.R. 6063, THE NATIONAL AERONAUTICS AND SPACE 
                ADMINISTRATION AUTHORIZATION ACT OF 2008

                              ----------                              


                         TUESDAY, MAY 20, 2008

                  House of Representatives,
             Subcommittee on Space and Aeronautics,
                       Committee on Science and Technology,
                                                    Washington, DC.
    The Subcommittee met, pursuant to call, at 10:03 a.m., in 
room 2318 of the Rayburn House Office Building, Hon. Charlie 
Melancon (Acting Chairman of the Subcommittee) presiding.
    Mr. Melancon [presiding]. Good morning. Welcome to the 
markup this morning. The Subcommittee on Space and Aeronautics 
will come to order.
    Pursuant to the notice, the Subcommittee on Space and 
Aeronautics meets to consider the following measure: H.R. 6063, 
the National Aeronautics and Space Administration Authorization 
Act of 2008. I have some opening remarks and then we will move 
forward.
    We will proceed with the markup beginning with opening 
statements, and before we get started, I would like to note 
that Chairman Udall had intended to chair this morning's 
markup. Unfortunately, he had his flight back east canceled 
three times due to mechanical problems and had to spend the 
night back in Colorado. Looking on the bright side, it 
certainly helps make the case for a strong aeronautics and 
aviation R&D program, which is what the legislation before us 
today promotes. Nevertheless, I know that Chairman Udall would 
have preferred to be here and we will insert his opening 
remarks into this record of this markup.
    [The prepared statement of Chairman Udall follows:]
    
    
    Mr. Melancon. Before I turn to Mr. Feeney for any opening 
remarks that he would care to make, I would just like to make a 
few brief comments on why I support this bill.
    First, it is a common sense bill that will deliver a 
balanced and productive space and aeronautics R&D program for 
the Nation with important initiatives in human space flight, 
science and aeronautics. It sets NASA on a good course for the 
future.
    Second, it is a fiscally responsible bill. Baseline 
authorization provides simply an inflationary increase of 2.8 
percent over the fiscal year 2008 authorization level that was 
enacted into law in the NASA Authorization Act of 2005.
    Third, it takes clear steps to narrow the human space 
flight gap that will result after the Space Shuttle is retired 
by providing additional funding to accelerate the development 
of the Orion Crew Exploration Vehicle and Ares I Crew Launch 
vehicle.
    And finally, H.R. 6063 will help ensure that NASA's centers 
are healthy and capable of supporting the agency's challenging 
missions. In short, I think that it is a good bill and I urge 
my fellow Members to support it.
    [The prepared statement of Mr. Melancon follows:]
    
    
    Mr. Melancon. With that, I would like to turn to my good 
friend, Mr. Feeney, for an opening statement if he would like 
to make one.
    Mr. Feeney. Thank you, Mr. Chairman.
    Today we lay out a bipartisan blueprint for sustaining a 
healthy and vigorous NASA during the next administration. I 
thank the Chairman for his leadership and Chairman Udall as 
well in this effort that I think has netted the Full 
Committee's support and the Subcommittee's leadership from both 
sides of the aisle. We can share pride in that accomplishment.
    As the Chairman outlined in some detail, this bill provides 
good stewardship for all of NASA's enterprises: earth and space 
sciences, aeronautics and human space flight. Considerable care 
has been devoted to all elements of NASA's portfolio. I look 
forward to continued success and excellence in all of our NASA 
endeavors. Each success brings enormous value and prestige to 
NASA and the American people.
    Because I represent the Kennedy Space Center area, I want 
to particularly note the unambiguous endorsement of America's 
human space flight program. Five years ago in the aftermath of 
the Columbia accident, we were looking through a glass very 
darkly, but today we see more clearly human space flight's 
future. We will complete the International Space Station and 
then strive to utilize its full potential. We will also set 
forth to explore beyond low Earth orbit with the Moon as the 
first of many destinations.
    These are ambitious goals. We are a strong, optimistic 
people willing to take up any challenge, and as this bill 
highlights, we invite others throughout the world to join us in 
this journey that America does for all mankind. So thank you, 
Mr. Chairman, for affirming much needed stability in our 
direction for the human space flight program.
    We would not have achieved this legislative outcome without 
talented and accomplished staff. I want to thank Staff Director 
Dick Obermann--and I had the pleasure of touring some of 
Colorado with Mr. Obermann--and the rest of the Majority staff 
for their efforts. From the beginning, Mr. Obermann has engaged 
his Republican counterparts and our entire staff and treated 
their concerns and suggestions with respect and care and that 
is why I suspect we will have a relatively smooth hearing this 
morning. We are appreciative of the tone and the tenor of this 
approach.
    I also want to thank our staff, especially Ed Feddeman and 
Ken Monroe from the Republican staff whose wisdom and counsel 
are highly valued.
    So we appreciate that, Mr. Chairman. I thank you for 
holding this markup this morning.
    [Statement of Mr. Feeney follows:]
    
    
    Mr. Melancon. Thank you, Mr. Feeney. I appreciate your 
remarks. Does anyone else wish to be recognized?
    With that, we will proceed with the first reading of the 
bill. I would ask unanimous consent that the bill is considered 
as read and open to amendment at any point and that the Members 
proceed with amendments in the order of the roster. Without 
objection, so ordered.
    [H.R. 6063 follows:]

                               H.R. 6063

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``National 
Aeronautics and Space Administration Authorization Act of 
2008''.
  (b) Table of Contents.--The table of contents for this Act is 
as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.

      TITLE I--AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2009

Sec. 101. Fiscal year 2009.

                         TITLE II--EARTH SCIENCE

Sec. 201. Goal.
Sec. 202. Governance of United States Earth observations activities.
Sec. 203. Decadal survey missions.
Sec. 204. Transitioning experimental research into operational services.
Sec. 205. Landsat thermal infrared data continuity.
Sec. 206. Reauthorization of Glory mission.
Sec. 207. Plan for disposition of Deep Space Climate Observatory.

                         TITLE III--AERONAUTICS

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

             TITLE IV--INTERNATIONAL EXPLORATION INITIATIVE

Sec. 401. Sense of Congress.
Sec. 402. Stepping stone approach to exploration.
Sec. 403. Lunar outpost.
Sec. 404. Exploration technology development.
Sec. 405. Exploration risk mitigation plan.
Sec. 406. Exploration crew rescue.
Sec. 407. Participatory exploration.
Sec. 408. Science and exploration.

                         TITLE V--SPACE SCIENCE

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

                       TITLE VI--SPACE OPERATIONS

                 Subtitle A--International Space Station

Sec. 601. Utilization.
Sec. 602. Research management plan.
Sec. 603. Contingency plan for cargo resupply.

                        Subtitle B--Space Shuttle

Sec. 611. Flight manifest.
Sec. 612. Disposition of shuttle-related assets.
Sec. 613. Space Shuttle transition liaison office.

                       Subtitle C--Launch Services

Sec. 621. Launch services strategy.

                          TITLE VII--EDUCATION

Sec. 701. Response to review.
Sec. 702. External review of Explorer Schools program.

                     TITLE VIII--NEAR-EARTH OBJECTS

Sec. 801. In general.
Sec. 802. Findings.
Sec. 803. Requests for information.
Sec. 804. Establishment of policy.
Sec. 805. Planetary radar capability.
Sec. 806. Arecibo Observatory.

                    TITLE IX--COMMERCIAL INITIATIVES

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

       TITLE X--REVITALIZATION OF NASA INSTITUTIONAL CAPABILITIES

Sec. 1001. Review of information security controls.
Sec. 1002. Maintenance and upgrade of Center facilities.
Sec. 1003. Assessment of NASA laboratory capabilities.

                       TITLE XI--OTHER PROVISIONS

Sec. 1101. Space weather.
Sec. 1102. Space traffic management.
Sec. 1103. Study of export control policies related to civil and 
          commercial space activities.
Sec. 1104. Astronaut health care.
Sec. 1105. National Academies decadal surveys.
Sec. 1106. Innovation prizes.

SEC. 2. FINDINGS.

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

SEC. 3. DEFINITIONS.

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

     TITLE I--AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2009


SEC. 101. FISCAL YEAR 2009.

  (a) Baseline Authorization.--There are authorized to be 
appropriated to NASA for fiscal year 2009 $19,210,000,000, as 
follows:
          (1) For Science, $4,932,200,000, of which--
                  (A) $1,518,000,000 shall be for Earth 
                Science, including $29,200,000 for Suborbital 
                activities and $2,500,000 for carrying out 
                section 313 of the National Aeronautics and 
                Space Administration Authorization Act of 2005 
                (Public Law 109-155);
                  (B) $1,483,000,000 shall be for Planetary 
                Science, including $486,500,000 for the Mars 
                Exploration program, $2,000,000 to continue 
                planetary radar operations at the Arecibo 
                Observatory in support of the Near-Earth Object 
                program, and $5,000,000 for radioisotope 
                material production, to remain available until 
                expended;
                  (C) $1,290,400,000 shall be for Astrophysics, 
                including $27,300,000 for Suborbital 
                activities;
                  (D) $640,800,000 shall be for Heliophysics, 
                including $50,000,000 for Suborbital 
                activities; and
                  (E) $75,000,000 shall be for Cross-Science 
                Mission Directorate Technology Development, to 
                be taken on a proportional basis from the 
                funding subtotals under subparagraphs (A), (B), 
                (C), and (D).
          (2) For Aeronautics, $853,400,000, of which 
        $406,900,000 shall be for system-level research, 
        development, and demonstration activities related to--
                  (A) aviation safety;
                  (B) environmental impact mitigation, 
                including noise, energy efficiency, and 
                emissions;
                  (C) support of the Next Generation Air 
                Transportation System initiative; and
                  (D) investigation of new vehicle concepts and 
                flight regimes.
          (3) For Exploration, $3,886,000,000, of which 
        $100,000,000 shall be for the activities under sections 
        902(b) and 902(d); and $737,800,000 shall be for 
        Advanced Capabilities, including $106,300,000 for the 
        Lunar Precursor Robotic Program, $276,500,000 for 
        International Space Station-related research and 
        development activities, and $355,000,000 for research 
        and development activities not related to the 
        International Space Station.
          (4) For Education, $128,300,000.
          (5) For Space Operations, $6,074,700,000, of which--
                  (A) $150,000,000 shall be for an additional 
                Space Shuttle flight to deliver the Alpha 
                Magnetic Spectrometer to the International 
                Space Station;
                  (B) $100,000,000 shall be to augment funding 
                for International Space Station Cargo Services 
                to enhance research utilization of the 
                International Space Station, to remain 
                available until expended; and
                  (C) $50,000,000 shall be to augment funding 
                for Space Operations Mission Directorate 
                reserves and Shuttle Transition and Retirement 
                activities.
          (6) For Cross-Agency Support Programs, 
        $3,299,900,000.
          (7) For Inspector General, $35,500,000.
  (b)  Additional Authorization to Address Human Space Flight 
Gap.--In addition to the sums authorized by subsection (a), 
there are authorized to be appropriated for the purposes 
described in subsection (a)(3) $1,000,000,000 for fiscal year 
2009, to be used to accelerate the initial operational 
capability of the Orion Crew Exploration Vehicle and the Ares I 
Crew Launch Vehicle and associated ground support systems, to 
remain available until expended.

                        TITLE II--EARTH SCIENCE


SEC. 201. GOAL.

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

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

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

SEC. 203. DECADAL SURVEY MISSIONS.

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

SEC. 204. TRANSITIONING EXPERIMENTAL RESEARCH INTO OPERATIONAL 
                    SERVICES.

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

SEC. 205. LANDSAT THERMAL INFRARED DATA CONTINUITY.

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

SEC. 206. REAUTHORIZATION OF GLORY MISSION.

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

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

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

                         TITLE III--AERONAUTICS


SEC. 301. ENVIRONMENTALLY FRIENDLY AIRCRAFT RESEARCH AND DEVELOPMENT 
                    INITIATIVE.

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

SEC. 302. RESEARCH ALIGNMENT.

  In addition to pursuing the research and development 
initiative described in section 301, the Administrator shall, 
to the maximum extent practicable within available funding, 
align the fundamental aeronautics research program to address 
high priority technology challenges of the National Academies' 
Decadal Survey of Civil Aeronautics.

SEC. 303. RESEARCH PROGRAM TO DETERMINE PERCEIVED IMPACT OF SONIC 
                    BOOMS.

  (a) In General.--The ability to fly commercial aircraft over 
land at supersonic speeds without adverse impacts on the 
environment or on local communities would open new markets and 
enable new transportation capabilities. In order to have the 
basis for establishing an appropriate sonic boom standard for 
such flight operations, a research program is needed to assess 
the impact in a relevant environment of commercial supersonic 
flight operations.
  (a) Establishment.--The Administrator shall establish a 
cooperative research program with industry, including the 
conduct of flight demonstrations in a relevant environment, to 
collect data on the perceived impact of sonic booms that would 
enable the promulgation of a standard that would have to be met 
for overland commercial supersonic flight operations.

SEC. 304. EXTERNAL REVIEW OF NASA'S AVIATION SAFETY-RELATED RESEARCH 
                    PROGRAMS.

  (a) Review.--The Administrator shall enter into an 
arrangement with the National Research Council for an 
independent review of NASA's aviation safety-related research 
programs. The review shall assess whether--
          (1) the programs have well-defined, prioritized, and 
        appropriate research objectives;
          (2) the programs are properly coordinated with the 
        safety research programs of the Federal Aviation 
        Administration and other relevant Federal agencies;
          (3) the programs have allocated appropriate resources 
        to each of the research objectives; and
          (4) suitable mechanisms exist for transitioning the 
        research results from the programs into operational 
        technologies and procedures and certification 
        activities in a timely manner.
  (c) Report.--Not later than 14 months after the date of 
enactment of this Act, the Administrator shall submit to the 
Committee on Science and Technology of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report on the results of the 
review.

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

  (a) In General.--The Administrator, in coordination with the 
United States Climate Change Science Program and other 
appropriate agencies, shall establish a research initiative to 
assess the impact of aviation on the climate and, if warranted, 
to evaluate approaches to mitigate that impact.
  (b) Research Plan.--Not later than 1 year after the date of 
enactment of this Act, the participating Federal entities shall 
jointly develop a plan for the research initiative that 
contains objectives, proposed tasks, milestones, and a 5-year 
budgetary profile.
  (c) Review.--The Administrator shall enter into an 
arrangement with the National Research Council for conducting 
an independent review of the interagency research program plan, 
and shall provide the results of that review 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 2 years after the date of enactment of 
this Act.

SEC. 306. RESEARCH PROGRAM ON DESIGN FOR CERTIFICATION.

  (a) Program.--Not later than 6 months after the date of 
enactment of this Act, NASA, in consultation with other 
appropriate agencies, shall establish a research program on 
methods to improve both confidence in and the timeliness of 
certification of new technologies for their introduction into 
the national airspace system.
  (b) Research Plan.--Not later than 1 year after the date of 
enactment of this Act, as part of the activity described in 
subsection (a), NASA shall develop a plan for the research 
program that contains objectives, proposed tasks, milestones, 
and a 5-year budgetary profile.
  (c) Review.--The Administrator shall enter into an 
arrangement with the National Research Council for conducting 
an independent review of the research program plan, and shall 
provide the results of that review 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 2 years after the date of enactment of 
this Act.

SEC. 307. AVIATION WEATHER RESEARCH.

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

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

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

SEC. 309. FUNDING FOR RESEARCH AND DEVELOPMENT ACTIVITIES IN SUPPORT OF 
                    OTHER MISSION DIRECTORATES.

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

SEC. 310. UNIVERSITY-BASED CENTERS FOR RESEARCH ON AVIATION TRAINING.

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

             TITLE IV--INTERNATIONAL EXPLORATION INITIATIVE


SEC. 401. SENSE OF CONGRESS.

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

SEC. 402. STEPPING STONE APPROACH TO EXPLORATION.

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

SEC. 403. LUNAR OUTPOST.

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

SEC. 404. EXPLORATION TECHNOLOGY DEVELOPMENT.

  (a) In General.--A robust program of long-term exploration-
related technology research and development will be essential 
for the success and sustainability of any enduring initiative 
of human and robotic exploration of the solar system.
  (b) Establishment.--The Administrator shall establish and 
maintain a program of long-term exploration-related technology 
research and development that is not tied to specific flight 
projects and that has a funding goal of at least 10 percent of 
the total budget of the Exploration Systems Mission 
Directorate.
  (c) Goals.--The long-term technology program shall have the 
goal of having at least 50 percent of the funding allocated to 
external grants and contracts with universities, research 
institutions, and industry.

SEC. 405. EXPLORATION RISK MITIGATION PLAN.

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

SEC. 406. EXPLORATION CREW RESCUE.

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

SEC. 407. PARTICIPATORY EXPLORATION.

  (a) In General.--The Administrator shall develop a technology 
plan to enable dissemination of information to the public to 
allow the public to experience missions to the Moon, Mars, or 
other bodies within our solar system by leveraging advanced 
exploration technologies. The plan shall identify opportunities 
to leverage technologies in NASA's Constellation systems that 
deliver a rich, multi-media experience to the public, and that 
facilitate participation by the public, the private sector, 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.
  (b) Report.--Not later than 270 days after the date of 
enactment of this Act, the Administrator shall submit the plan 
to the Committee on Science and Technology of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate.

SEC. 408. SCIENCE AND EXPLORATION.

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

                         TITLE V--SPACE SCIENCE


SEC. 501. TECHNOLOGY DEVELOPMENT.

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

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

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

SEC. 503. MARS EXPLORATION.

   Congress reaffirms its support for a systematic, integrated 
program of exploration of the Martian surface to examine the 
planet whose surface is most like Earth's, to search for 
evidence of past or present life, and to examine Mars for 
future habitability and as a long-term goal for future human 
exploration.

SEC. 504. IMPORTANCE OF A BALANCED SCIENCE PROGRAM.

  It is the sense of Congress that a balanced and adequately 
funded set of activities, consisting of NASA's research and 
analysis grants programs, technology development, small, 
medium-sized, and large space science missions, and suborbital 
research activities, contributes to a robust and productive 
science program and serves as a catalyst for innovation. It is 
further the sense of Congress that suborbital flight 
activities, including the use of sounding rockets, aircraft, 
and high-altitude balloons, offer valuable opportunities to 
advance science, train the next generation of scientists and 
engineers, and provide opportunities for participants in the 
programs to acquire skills in systems engineering and systems 
integration that are critical to maintaining the Nation's 
leadership in space programs. The Congress believes that it is 
in the national interest to expand the size of NASA's 
suborbital research program.

SEC. 505. RESTORATION OF RADIOISOTOPE THERMOELECTRIC GENERATOR MATERIAL 
                    PRODUCTION.

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

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

  (a) Assessment.--The Administrator shall enter into an 
arrangement with the National Academies to assess impediments 
to the successful conduct of interagency cooperation on space 
and Earth science missions, to provide lessons learned and best 
practices, and to recommend steps to help facilitate successful 
interagency collaborations on space and Earth science missions.
  (b) Report.--The report of the assessment carried out under 
subsection (a) shall be transmitted to the Committee on Science 
and Technology of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the 
Senate not later than 15 months after the date of enactment of 
this Act.

SEC. 507. ASSESSMENT OF COST GROWTH.

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

                       TITLE VI--SPACE OPERATIONS


                Subtitle A--International Space Station


SEC. 601. UTILIZATION.

  The Administrator shall take all necessary steps to ensure 
that the International Space Station remains a viable and 
productive facility capable of potential United States 
utilization through at least 2020 and shall take no steps that 
would preclude its continued operation and utilization by the 
United States after 2016.

SEC. 602. RESEARCH MANAGEMENT PLAN.

  (a) Research Management Plan.--The Administrator shall 
develop a research management plan for the International Space 
Station. The plan shall include a process for selecting and 
prioritizing research activities (including fundamental, 
applied, commercial, and other research) for flight on the 
International Space Station. This plan shall be used to 
prioritize resources such as crew time, racks and equipment, 
and United States access to international research facilities 
and equipment. The plan shall also identify the organization to 
be responsible for managing United States research on the 
International Space Station, including a description of the 
relationship of the management institution with NASA (e.g., 
internal NASA office, contract, cooperative agreement, or 
grant), the estimated length of time for the arrangement, and 
the budget required to support the management institution. The 
plan shall be developed in consultation with other Federal 
agencies, academia, industry, and other relevant stakeholders. 
The plan shall be transmitted to Congress not later than 12 
months after the date of enactment of this Act.
  (b) Access to National Laboratory.--The Administrator shall--
          (1) establish a process by which to support 
        International Space Station National Laboratory users 
        in identifying their requirements for transportation of 
        research supplies to and from the International Space 
        Station, and for communicating those requirements to 
        NASA and International Space Station transportation 
        services providers; and
          (2) develop an estimate of the transportation 
        requirements needed to support users of the 
        International Space Station National Laboratory and 
        develop a plan for satisfying those requirements by 
        dedicating a portion of volume on NASA supply missions 
        to the International Space Station and missions 
        returning from the International Space Station to 
        Earth.
  (c) Assessment.--The Administrator shall--
          (1) identify existing research equipment and racks 
        and support equipment that are manifested for flight; 
        and
          (2) provide a detailed description of the status of 
        research equipment and facilities that were completed 
        or in development prior to being cancelled, and provide 
        the budget and milestones for completing and preparing 
        the equipment for flight on the International Space 
        Station.
  (d) Advisory Committee.---Not later than 1 year after the 
date of enactment of this Act, the Administrator shall 
establish an advisory panel under the Federal Advisory 
Committee Act to monitor the activities and management of the 
International Space Station National Laboratory.

SEC. 603. CONTINGENCY PLAN FOR CARGO RESUPPLY.

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

                       Subtitle B--Space Shuttle


SEC. 611. FLIGHT MANIFEST.

  (a) Baseline Manifest.--In addition to the Space Shuttle 
flights listed as part of the baseline flight manifest as of 
January 1, 2008, the Utilization flights ULF-4 and ULF-5 shall 
be considered part of the Space Shuttle baseline flight 
manifest and shall be flown prior to the retirement of the 
Space Shuttle.
  (b) Additional Flight to Deliver the Alpha Magnetic 
Spectrometer to the International Space Station.--In addition 
to the flying of the baseline manifest as described in 
subsection (a), the Administrator shall take all necessary 
steps to fly one additional Space Shuttle flight to deliver the 
Alpha Magnetic Spectrometer to the International Space Station 
prior to the retirement of the Space Shuttle.
  (c) Space Shuttle Retirement Date.--The Space Shuttle shall 
be retired following the completion of the baseline flight 
manifest and the flight of the additional flight specified in 
subsection (b), events that are anticipated to occur in 2010.

SEC. 612. DISPOSITION OF SHUTTLE-RELATED ASSETS.

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

SEC. 613. SPACE SHUTTLE TRANSITION LIAISON OFFICE.

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

                      Subtitle C--Launch Services


SEC. 621. LAUNCH SERVICES STRATEGY.

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

                          TITLE VII--EDUCATION


SEC. 701. RESPONSE TO REVIEW.

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

SEC. 702. EXTERNAL REVIEW OF EXPLORER SCHOOLS PROGRAM.

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

                     TITLE VIII--NEAR-EARTH OBJECTS


SEC. 801. IN GENERAL.

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

SEC. 802. FINDINGS.

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

SEC. 803. REQUESTS FOR INFORMATION.

  The Administrator shall issue requests for information on--
          (1) a low-cost space mission with the purpose of 
        rendezvousing with and characterizing the Apophis 
        asteroid, which scientists estimate will in 2029 pass 
        at a distance from Earth that is closer than 
        geostationary satellites; and
          (2) a medium-sized space mission with the purpose of 
        detecting near-Earth objects equal to or greater than 
        140 meters in diameter.

SEC. 804. ESTABLISHMENT OF POLICY.

  The Director of OSTP shall--
          (1) develop a policy for notifying Federal agencies 
        and relevant emergency response institutions of an 
        impending near-Earth object threat, if near term public 
        safety is at stake; and
          (2) recommend a Federal agency or agencies to be 
        responsible for protecting the Nation from a near-Earth 
        object that is anticipated to collide with Earth and 
        implementing a deflection campaign, in consultation 
        with international bodies, should one be required.

SEC. 805. PLANETARY RADAR CAPABILITY.

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

SEC. 806. ARECIBO OBSERVATORY.

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

                    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.

SEC. 902. COMMERCIAL CREW INITIATIVE.

  (a) In General.--In order to stimulate commercial use of 
space, help maximize the utility and productivity of the 
International Space Station, and enable a commercial means of 
providing crew transfer and crew rescue services for the 
International Space Station, NASA shall--
          (1) make use of United States commercially provided 
        International Space Station crew transfer and crew 
        rescue services to the maximum extent practicable, if 
        those commercial services have demonstrated the 
        capability to meet NASA-specified ascent, entry, and 
        International Space Station proximity operations safety 
        requirements;
          (2) limit, to the maximum extent practicable, the use 
        of the Crew Exploration Vehicle to missions carrying 
        astronauts beyond low Earth orbit once commercial crew 
        transfer and crew rescue services that meet safety 
        requirements become operational;
          (3) facilitate, to the maximum extent practicable, 
        the transfer of NASA-developed technologies to 
        potential United States commercial crew transfer and 
        rescue service providers, consistent with United States 
        law; and
          (4) issue a notice of intent, not later than 180 days 
        after the date of enactment of this Act, to enter into 
        a funded, competitively awarded Space Act Agreement 
        with two or more commercial entities for a Phase 1 
        Commercial Orbital Transportation Services (COTS) 
        crewed vehicle demonstration program.
  (b) COTS Authorization of Appropriations.--There are 
authorized to be appropriated to NASA for the program described 
in subsection (a)(4) $50,000,000 for fiscal year 2009, to 
remain available until expended.
  (c) Congressional Intent.--It is the intent of Congress that 
funding for the program described in subsection (a)(4) shall 
not come at the expense of full funding for Orion Crew 
Exploration Vehicle development, Ares I Crew Launch Vehicle 
development, or International Space Station cargo delivery.
  (d) Additional Technologies Authorization of 
Appropriations.--There are authorized to be appropriated to 
NASA for the provision of International Space Station-
compatible docking adaptors and other relevant technologies to 
be made available to the commercial crew providers selected to 
service the International Space Station $50,000,000, to remain 
available until expended.
  (e) Crew Transfer and Crew Rescue Services Contract.--If a 
commercial provider demonstrates the capability to provide 
International Space Station crew transfer and crew rescue 
services and to satisfy NASA ascent, entry, and International 
Space Station proximity operations safety requirements, NASA 
shall enter into an International Space Station crew transfer 
and crew rescue services contract with that commercial provider 
for a portion of NASA's anticipated International Space Station 
crew transfer and crew rescue requirements from the time the 
commercial provider commences operations under contract with 
NASA through calendar year 2016, with an option to extend the 
period of performance through calendar year 2020.

       TITLE X--REVITALIZATION OF NASA INSTITUTIONAL CAPABILITIES


SEC. 1001. REVIEW OF INFORMATION SECURITY CONTROLS.

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

SEC. 1002. MAINTENANCE AND UPGRADE OF CENTER FACILITIES.

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

SEC. 1003. ASSESSMENT OF NASA LABORATORY CAPABILITIES.

  (a) In General.--NASA's laboratories are a critical component 
of NASA's research capabilities, and the Administrator shall 
ensure that those laboratories remain productive.
  (b) Review.--The Administrator shall enter into an 
arrangement for an independent external review of NASA's 
laboratories, including laboratory equipment, facilities, and 
support services, to determine whether they are equipped and 
maintained at a level adequate to support NASA's research 
activities. The assessment shall also include an assessment of 
the relative quality of NASA's in-house laboratory equipment 
and facilities compared to comparable laboratories elsewhere.

                       TITLE XI--OTHER PROVISIONS


SEC. 1101. SPACE WEATHER.

  (a) Plan for Replacement of Advanced Composition Explorer at 
L-1 Lagrangian Point.--
          (1) Plan.--The Director of OSTP shall develop a plan 
        for sustaining space-based measurements of solar wind 
        from the L-1 Lagrangian point in space and for the 
        dissemination of the data for operational purposes. 
        OSTP shall consult with NASA, NOAA, and other Federal 
        agencies, and with industry, in developing the plan.
          (2) Report.--The Director shall transmit the plan to 
        Congress not later than 1 year after the date of 
        enactment of this Act.
  (b) Research Program on Space Weather and Aviation.--
          (1) Establishment.--The Administrator shall, in 
        coordination with the National Science Foundation, 
        NOAA, and other relevant agencies, initiate a research 
        program to--
                  (A) conduct or supervise research projects on 
                impacts of space weather to aviation, including 
                impacts on communication, navigation, avionic 
                systems, and airline passengers and personnel; 
                and
                  (B) facilitate the transfer of technology 
                from space weather research programs to Federal 
                agencies with operational responsibilities and 
                to the private sector.
          (2) Use of grants or cooperative agreements.--The 
        Administrator may use grants or cooperative agreements 
        in carrying out this subsection.
  (c) Assessment of the Impact of Space Weather on Aviation.--
          (1) Study.--The Administrator shall enter into an 
        arrangement with the National Research Council for a 
        study of the impacts of space weather on the current 
        and future United States aviation industry, and in 
        particular to examine the risks for Over-The-Pole (OTP) 
        and Ultra-Long-Range (ULR) operations. The study 
        shall--
                  (A) examine space weather impacts on at least 
                communications, navigation, avionics, and human 
                health in flight;
                  (B) assess the benefits of space weather 
                information and services to reduce aviation 
                costs and maintain safety;
                  (C) provide recommendations on how NASA, 
                NOAA, and the National Science Foundation can 
                most effectively carry out research and 
                monitoring activities related to space weather 
                and aviation; and
                  (D) provide recommendations on how to 
                integrate space weather information into the 
                Next Generation Air Transportation System.
          (2) Report.--A report containing the results of the 
        study shall be provided to the Committee on Science and 
        Technology of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of 
        the Senate not later than 1 year after the date of 
        enactment of this Act.

SEC. 1102. SPACE TRAFFIC MANAGEMENT.

  (a) In General.--As more nations acquire the capabilities for 
launching payloads into outer space, there is an increasing 
need for a framework under which information intended to 
promote safe access into outer space, operations in outer 
space, and return from outer space to Earth free from physical 
or radio-frequency interference can be shared among those 
nations.
  (b) Discussions.--The Administrator, in consultation with 
other appropriate agencies of the Federal Government, shall 
initiate discussions with the appropriate representatives of 
other spacefaring nations with the goal of determining an 
appropriate framework under which information intended to 
promote safe access into outer space, operations in outer 
space, and return from outer space to Earth free from physical 
or radio-frequency interference can be shared among those 
nations.

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

  (a) Review.--The Director of OSTP shall carry out a study of 
the impact of current export control policies and 
implementation directives on the United States aerospace 
industry and its competitiveness in global markets, and on the 
ability of United States Government agencies to carry out 
cooperative activities in science and technology and human 
space flight, including the impact on research carried out 
under the sponsorship of those agencies.
  (b) Consultation.--In carrying out the study, the Director 
shall seek input from industry, academia, representatives of 
the science community, all affected United States Government 
agencies, and any other appropriate organizations and 
individuals.
  (c) Report.--The Director shall provide a report detailing 
the findings and recommendations of the study to the Committee 
on Science and Technology of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the 
Senate not later than 9 months after the date of enactment of 
this Act.

SEC. 1104. ASTRONAUT HEALTH CARE.

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

SEC. 1105. NATIONAL ACADEMIES DECADAL SURVEYS.

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

SEC. 1106. INNOVATION PRIZES.

  (a) In General.--Prizes can play a useful role in encouraging 
innovation in the development of technologies and products that 
can assist NASA in its aeronautics and space activities, and 
the use of such prizes by NASA should be encouraged.
  (b) Amendments.--Section 314 of the National Aeronautics and 
Space Act of 1958 is amended--
          (1) by amending subsection (b) to read as follows:
  ``(b) Topics.--In selecting topics for prize competitions, 
the Administrator shall consult widely both within and outside 
the Federal Government, and may empanel advisory committees. 
The Administrator shall give consideration to prize goals such 
as the demonstration of the ability to provide energy to the 
lunar surface from space-based solar power systems, 
demonstration of innovative near-Earth object survey and 
deflection strategies, and innovative approaches to improving 
the safety and efficiency of aviation systems.''; and
          (2) in subsection (i)(4) by striking ``$10,000,000'' 
        and inserting ``$50,000,000''.
    [The information follows:]
    
    
    Mr. Melancon. Are there any amendments? Hearing none, the 
vote is on the bill H.R. 6063, the National Aeronautics and 
Space Administration Authorization Act of 2008. All those in 
favor will say aye. All those opposed will say no. Hearing no 
objections, we will go ahead and proceed then with motion to 
report the bill. Mr. Feeney, I would like to recognize you to 
offer a motion.
    Mr. Feeney. Mr. Chairman, I would move that the 
Subcommittee favorably report H.R. 6063 to the Full Committee. 
Furthermore, I move that the staff be instructed to prepare the 
Subcommittee legislative report and make necessary and 
technical changes and conforming changes to the bill as amended 
in accordance with the recommendations of the Subcommittee.
    Mr. Melancon. Therefore, the question is on the motion to 
report the bill favorably. Those in favor of the motion will 
signify by saying aye. Any nays? I am not hearing any.
    Without objection, the motion to reconsider is laid upon 
the table. Subcommittee Members will have two subsequent 
calendar days in which to submit supplemental Minority or 
additional views on the measure, ending Friday, May 23 at 9 
a.m.
    If there is no other business, then I would like to thank 
the Members for their attendance, and this will conclude our 
Subcommittee markup.
    [Whereupon, at 10:10 a.m., the Subcommittee was adjourned.]
   XXII. PROCEEDINGS OF THE FULL COMMITTEE MARKUP ON H.R. 6063, THE 
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION AUTHORIZATION ACT OF 2008

                              ----------                              


                        WEDNESDAY, JUNE 4, 2008

                          House of Representatives,
                       Committee on Science and Technology,
                                                    Washington, DC.
    The Committee met, pursuant to call, at 10:02 a.m., in room 
2318 of the Rayburn House Office Building, Hon. Bart Gordon 
(Chairman of the Committee) presiding.
    Chairman Gordon. Come to order pursuant to notice. The 
Committee on Science and Technology meets to consider the 
following measure; H.R. 6063, the National Aeronautics and 
Space Administration Authorization Act of 2008. We will now 
proceed with the markup.
    H.R. 6063 was introduced by Space and Aeronautics 
Subcommittee Chairman Udall, and I was pleased to be an 
original cosponsor of the legislation. I was even more pleased 
that Mr. Hall and Mr. Feeney also joined as original 
cosponsors. This is a bipartisan bill in every sense of the 
word, and I want to thank them and their staff for their 
productive involvement in moving this legislation forward.
    That constructive approach is reflected in their active 
participation in helping to craft the manager's amendment that 
will be considered in just a while. I am emphasizing the 
bipartisanship consensus we have on this bill, because I think 
it is important that we send a strong message to the next 
Administration, whether it turns out to be a Democratic or 
Republican one, that the Congress believes that NASA is 
important and worthy of the Nation's support.
    H.R. 6063 makes it clear that NASA is relevant to the 
Nation's innovative--innovation agenda, that it has a key role 
to play in insuring the future health of our Nation's aviation 
system, and that it is critical to the Nation's efforts to 
better understand our climate and the changes facing the earth 
system.
    In addition, H.R. 6063 demonstrates that a properly-
structured human spaceflight and exploration program can 
provide dividends technologically, scientifically, and 
geopolitically and is worthy of the Nation's investment in it.
    Yet, H.R. 6063 also demonstrates that a relevant space and 
aeronautics program is affordable. The baseline authorization 
for fiscal year 2009, represents simply an inflationary 
increase of 2.8 percent over fiscal year 2008 authorization 
level that was enacted into law in the NASA Authorization Act 
of 2005.
    It also increases funding for NASA relative to fiscal year 
2008 appropriation for NASA at a rate consistent with that 
applied to R&D agencies in last year's America COMPETES Act. 
That is a reflection of the fact that NASA's activities have an 
important role to play in the Nation's innovation agenda.
    It is also a reflection of fact that we need to ensure that 
NASA has sufficient resources for all of its important tasks 
and the Nation is asking it to carry out, and I believe that 
this bill does that--just that.
    There are many important provisions in the NASA 
Authorization Act of 2008, including a special funding 
augmentation to help narrow the human spaceflight gap the 
Nation is facing after the retirement of the shuttle.
    Since members have already familiarized themselves with the 
contents of the legislation, I will not take time now to 
restate those provisions. Instead, I will just close by saying 
that I think H.R. 6063 is a good bill that will help prepare 
NASA for a relevant, productive future, and I urge my 
colleagues to support it.
    [The statement of Mr. Gordon follows:]
    
    
    Chairman Gordon. I now recognize Mr. Hall to present his 
remarks.
    Mr. Hall. Mr. Chairman, of course, I thank you for 
scheduling the markup, and I am, as you say, I am proud to be 
an original cosponsor of this bill, and I hope other members 
here today are going to consider adding their support to it.
    H.R. 6063 is a 1-year bill that demonstrates Congress' 
commitment to maintain a strong and vital space program and 
will also serve as a signal to a new Administration that NASA 
has deep support within this Congress. And I think that is 
important. Passage of this bill is very important for another 
reason. I worry that if we allow NASA's authorization to lapse, 
the next presidential Administration may interpret our failure 
to act as a sign of weakness for NASA, and that, in turn, might 
tempt the new Administration to divert Agency resources. I 
don't want that to happen. I don't think any of us in this room 
want that to happen.
    The bill before us today contains a number of important 
provisions. It authorizes $19.2 billion for NASA for fiscal 
year 2009, and provides an additional $1 billion to accelerate 
development of the new crew vehicle launch system. It 
emphasizes that NASA should maintain a strong and balanced 
array of science, aeronautics, and human spaceflight programs.
    It also directs NASA to fly out its full manifest of 
Shuttle missions, including those dedicated to flying spare 
parts to the International Space Station, as well as adding a 
flight to take the Alpha Magnetic Spectrometer to the ISS, as 
we originally committed to do some years ago. The AMS was 
stricken from the Shuttle manifest following the Columbia 
tragedy, but I believe given the large investment in resources, 
we ought to make good on our original commitment to fly this 
expensive investment to the ISS.
    H.R. 6063 directs NASA to continue the important task of 
developing the Constellation System, which will provide our 
country with a modern and more robust and safer manned 
spaceflight capability that will enable our astronauts to fly 
out of low earth orbit, an ability we haven't had since the 
retirement of Apollo over 30 years ago.
    As most of you are aware, once the Shuttle is retired at 
the end of this decade, our country will have to buy seats from 
the Russians for as long as 5 years to assure a U.S. presence 
on International Space Station. Our payments for rides on their 
space craft have not yet been negotiated, but it will be 
expensive, and sadly, we will be making these purchases at a 
time when NASA will be laying off thousands of engineers and 
technicians from the Shuttle Program. In an effort to minimize 
our reliance on the Russians, as I mentioned a moment ago, this 
bill authorizes an additional $1 billion to speed up 
development of the new Constellation System. This additional 
investment is more than justified.
    This bill also includes a number of provisions to encourage 
NASA, working with the private sector, to foster development of 
a domestic commercial cargo launch capability, primarily 
designed to take supplies to our space station. In addition, 
H.R. 6063 includes language directing NASA to solicit for 
commercial crew launch capability.
    Turning to other parts of NASA, H.R. 6063 embraces a number 
of recommendations that were put forward by witnesses from 
government, industry, and academia who testified in hearings 
before this Committee and the Space and Aeronautics 
Subcommittee 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, and foster efficient 
technology transfer from NASA to other federal agencies and to 
the private sector, and detect and mitigate the threat of the 
Near-Earth Objects and research and monitor the effects of 
space weather on satellites. This list is not exhaustive, but I 
want to mention these few examples to--and take this time to 
emphasize to all members the breadth of this bill and how it 
improves upon many of NASA's activities and programs.
    Before closing, I want to point out that during development 
of this bill the Democratic staff and leadership have been very 
open and forthright, sharing early ideas and drafts of this 
bill with our Republican staff. It has been a close and 
productive partnership. I want to especially recognize and 
praise the hard work of Dick Obermann and others.
    And, Mr. Chairman, I thank you.
    [The statement of Mr. Hall follows:]
    
    
    Chairman Gordon. Thank you, Mr. Hall. I concur. Dick 
Obermann is a real asset to our Committee, as we just have 
excellent staff on both sides.
    I also concur with your statement. This is a strong message 
of bipartisan unity to the next Administration.
    Now I ask unanimous consent that the bill is considered as 
read.
    Does anyone else wish to be recognized?
    Oh, I am sorry. Yes. Mr. Udall, the Chairman of the 
subcommittee. Pardon me.
    Mr. Udall. Thank you, Mr. Chairman. I will be brief, but I 
think it is important to acknowledge that the bill came out of 
the subcommittee on May 20 without amendment with a voice vote.
    Chairman Gordon noted that this is a strong bill that has 
bipartisan support, and I want to take a moment to thank Mr. 
Hall and Mr. Feeney in particular for their efforts on the 
legislation. Their support and thoughtful inputs made this a 
better bill, and they have excellent staff members I would like 
to acknowledge including Ed Fedeman, Ken Monroe, and Lee 
Arnold. And I want to emphasize and echo what the Chairman said 
about the subcommittee staff led by Dick Obermann. He is an 
amazing resource, and I have really enjoyed working with him 
over the last 2 years to put together a bill that will put NASA 
on track and keep it on track. So I want to thank Dick and Pam 
Whitney, Alan Li, and Devin Bryant for their participation. Of 
course, Wendy Adams and my congressional staff have been 
phenomenal as well.
    We have received a lot of letters of endorsement, including 
ones from the Aerospace Industries Association, the General 
Aviation Manufacturers Association, the American Meteorological 
Society, the Planetary Society, the Universities Space Research 
Association, IEEE, the National Space Society AIAA, and ASME.
    And the legislation is really a result of the testimony and 
that constructive input from many, many witnesses, outside 
experts, and origination, and I would like to thank all of them 
for their insights.
    The guiding principle of the legislation is that NASA 
should be, and I believe is, an agency that can be a strong 
catalyst for dealing with important national concerns, and that 
is why we have focused on measures to insure that the Nation's 
human exploration efforts will be carried out in a manner that 
maximizes our return on our national investment in it, and that 
the International Space Station will be utilized as 
productively as possible.
    And that is also why the bill focuses on building a strong 
earth sciences research and applications program, as well as 
strengthening NASA's aeronautics R&D program, which will be 
very critical to our Nation's future aviation system.
    I could go on to some length about all the great features 
in the bill, but I know we would all like to proceed to the 
markup. So let me put the rest of my remarks in the record.
    And in closing I will note as Chairman Gordon did that this 
year marks the 50th anniversary of the birth of the U.S. Space 
Program and the establishment of NASA, and I believe that H.R. 
6063 will help insure that NASA's next 50 years will be as 
exciting and productive as its first 50. And I urge all the 
members here to support it at today's markup.
    Thank you, Mr. Chairman.
    [The statement of Mr. Udall follows:]
    
    
    Chairman Gordon. Thank you, Mr. Udall. Job well done.
    Mr. Feeney is recognized.
    Mr. Feeney. Well, thank you, Mr. Chairman. I could, but I 
won't, reread the statement of support that I gave at the 
beginning of our very expeditious subcommittee markup.
    I want to join Chairman Udall and Chairman Gordon and 
Ranking Member Hall in thanking the majority party members on 
the subcommittee, but also the staff on both sides, as has been 
mentioned appropriately, have done a fantastic job. What we 
have done is to lay out a bipartisan blueprint for a sustained, 
healthy and vigorous NASA during the next Administration.
    I think Chairman Gordon pointed out the importance of this 
bill. The next Administration is going to look for a starting 
place in terms of space and NASA policy. I think that we have 
laid out a great starting place, no matter who the next 
President may be. And I would note that apparently my colleague 
from Florida, Senator Nelson, has had complimentary things to 
say about the bill that came out of the subcommittee.
    We provide good stewardship for all enterprises in NASA's 
portfolio, earth and space sciences, aeronautics, and human 
spaceflight.
    Because I represent Kennedy Space Center and I saw 
Congresswoman Giffords there the other day, she was a little 
bit more nervous than I was for inexplicable reasons, I want to 
particularly note the unambiguous endorsement of America's 
human spaceflight program. We have come a very long way since 
the loss of the Shuttle Columbia over 5 years ago. This bill 
continues that progress by providing much-needed stability in 
our strategy and architecture for human spaceflight. Here is an 
example of bipartisan leadership during a time of difficult 
challenges for the program.
    The manager's amendment includes a section directing the 
White House Office of Science and Technology Policy to 
establish an interagency committee and study the issues raised 
by locating a commercial space launch range in close proximity 
to a federal launch range.
    In order to have viable commercial launch operations in the 
United States, effective coordination and cooperation must 
exist between potential commercial ranges and existing federal 
ranges. This issue is of constant concern to Florida's Space 
Coast, as it vies with international competitors as a site for 
launching commercial payloads.
    I, again, thank the talented and accomplished staff on both 
sides of the aisle. The tone and tenor of discussion and 
negotiations continue this Committee's cooperative and 
inclusive approach to dealing with the areas within our 
jurisdiction.
    And with that, I would yield back the balance of my time.
    [The statement of Mr. Feeney follows:]
    
    
    Mr. Hall. Mr. Chairman, just one half a minute, if I might. 
Back when I was in the Texas Senate, we had all of those 
beautiful wives of the astronauts that would come to Austin 
from time to time, and they would always tell us when we were 
kind of courting them, you know, about their husbands. And one 
said, don't call me unless my husband is on television. That 
meant he is going around and around the world.
    Now, we have got a lady on here that--whose husband is on 
television, and seriously, we need to pray for him and join her 
in the prayers for him and all the others to get down safely.
    Thank you.
    Chairman Gordon. As usual, Mr. Hall speaks well for all of 
us.
    If there are no other statements to be made, then I ask 
unanimous consent that the bill is considered as read and open 
to amendment at any point and that the members proceed with 
amendments in the order of the roster.
    Without objection, so ordered.
    [H.R. 6063 follows:]

                               H.R. 6063

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``National 
Aeronautics and Space Administration Authorization Act of 
2008''.
  (b) Table of Contents.--The table of contents for this Act is 
as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.

      TITLE I--AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2009

Sec. 101. Fiscal year 2009.

                         TITLE II--EARTH SCIENCE

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

                         TITLE III--AERONAUTICS

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

             TITLE IV--INTERNATIONAL EXPLORATION INITIATIVE

Sec. 401. Sense of Congress.
Sec. 402. Stepping stone approach to exploration.
Sec. 403. Lunar outpost.
Sec. 404. Exploration technology development.
Sec. 405. Exploration risk mitigation plan.
Sec. 406. Exploration crew rescue.
Sec. 407. Participatory exploration.
Sec. 408. Science and exploration.

                         TITLE V--SPACE SCIENCE

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

                       TITLE VI--SPACE OPERATIONS

                 Subtitle A--International Space Station

Sec. 601. Utilization.
Sec. 602. Research management plan.
Sec. 603. Contingency plan for cargo resupply.

                        Subtitle B--Space Shuttle

Sec. 611. Flight manifest.
Sec. 612. Disposition of shuttle-related assets.
Sec. 613. Space Shuttle transition liaison office.

                       Subtitle C--Launch Services

Sec. 621. Launch services strategy.

                          TITLE VII--EDUCATION

Sec. 701. Response to review.
Sec. 702. External review of Explorer Schools program.

                     TITLE VIII--NEAR-EARTH OBJECTS

Sec. 801. In general.
Sec. 802. Findings.
Sec. 803. Requests for information.
Sec. 804. Establishment of policy.
Sec. 805. Planetary radar capability.
Sec. 806. Arecibo Observatory.

                    TITLE IX--COMMERCIAL INITIATIVES

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

       TITLE X--REVITALIZATION OF NASA INSTITUTIONAL CAPABILITIES

Sec. 1001. Review of information security controls.
Sec. 1002. Maintenance and upgrade of Center facilities.
Sec. 1003. Assessment of NASA laboratory capabilities.

                       TITLE XI--OTHER PROVISIONS

Sec. 1101. Space weather.
Sec. 1102. Space traffic management.
Sec. 1103. Study of export control policies related to civil and 
          commercial space activities.
Sec. 1104. Astronaut health care.
Sec. 1105. National Academies decadal surveys.
Sec. 1106. Innovation prizes.

SEC. 2. FINDINGS.

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

SEC. 3. DEFINITIONS.

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

     TITLE I--AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2009


SEC. 101. FISCAL YEAR 2009.

  (a) Baseline Authorization.--There are authorized to be 
appropriated to NASA for fiscal year 2009 $19,210,000,000, as 
follows:
          (1) For Science, $4,932,200,000, of which--
                  (A) $1,518,000,000 shall be for Earth 
                Science, including $29,200,000 for Suborbital 
                activities and $2,500,000 for carrying out 
                section 313 of the National Aeronautics and 
                Space Administration Authorization Act of 2005 
                (Public Law 109-155);
                  (B) $1,483,000,000 shall be for Planetary 
                Science, including $486,500,000 for the Mars 
                Exploration program, $2,000,000 to continue 
                planetary radar operations at the Arecibo 
                Observatory in support of the Near-Earth Object 
                program, and $5,000,000 for radioisotope 
                material production, to remain available until 
                expended;
                  (C) $1,290,400,000 shall be for Astrophysics, 
                including $27,300,000 for Suborbital 
                activities;
                  (D) $640,800,000 shall be for Heliophysics, 
                including $50,000,000 for Suborbital 
                activities; and
                  (E) $75,000,000 shall be for Cross-Science 
                Mission Directorate Technology Development, to 
                be taken on a proportional basis from the 
                funding subtotals under subparagraphs (A), (B), 
                (C), and (D).
          (2) For Aeronautics, $853,400,000, of which 
        $406,900,000 shall be for system-level research, 
        development, and demonstration activities related to--
                  (A) aviation safety;
                  (B) environmental impact mitigation, 
                including noise, energy efficiency, and 
                emissions;
                  (C) support of the Next Generation Air 
                Transportation System initiative; and
                  (D) investigation of new vehicle concepts and 
                flight regimes.
          (3) For Exploration, $3,886,000,000, of which 
        $100,000,000 shall be for the activities under sections 
        902(b) and 902(d); and $737,800,000 shall be for 
        Advanced Capabilities, including $106,300,000 for the 
        Lunar Precursor Robotic Program, $276,500,000 for 
        International Space Station-related research and 
        development activities, and $355,000,000 for research 
        and development activities not related to the 
        International Space Station.
          (4) For Education, $128,300,000.
          (5) For Space Operations, $6,074,700,000, of which--
                  (A) $150,000,000 shall be for an additional 
                Space Shuttle flight to deliver the Alpha 
                Magnetic Spectrometer to the International 
                Space Station;
                  (B) $100,000,000 shall be to augment funding 
                for International Space Station Cargo Services 
                to enhance research utilization of the 
                International Space Station, to remain 
                available until expended; and
                  (C) $50,000,000 shall be to augment funding 
                for Space Operations Mission Directorate 
                reserves and Shuttle Transition and Retirement 
                activities.
          (6) For Cross-Agency Support Programs, 
        $3,299,900,000.
          (7) For Inspector General, $35,500,000.
  (b)  Additional Authorization To Address Human Space Flight 
Gap.--In addition to the sums authorized by subsection (a), 
there are authorized to be appropriated for the purposes 
described in subsection (a)(3) $1,000,000,000 for fiscal year 
2009, to be used to accelerate the initial operational 
capability of the Orion Crew Exploration Vehicle and the Ares I 
Crew Launch Vehicle and associated ground support systems, to 
remain available until expended.

                        TITLE II--EARTH SCIENCE


SEC. 201. GOAL.

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

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

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

SEC. 203. DECADAL SURVEY MISSIONS.

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

SEC. 204. TRANSITIONING EXPERIMENTAL RESEARCH INTO OPERATIONAL 
                    SERVICES.

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

SEC. 205. LANDSAT THERMAL INFRARED DATA CONTINUITY.

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

SEC. 206. REAUTHORIZATION OF GLORY MISSION.

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

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

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

                         TITLE III--AERONAUTICS


SEC. 301. ENVIRONMENTALLY FRIENDLY AIRCRAFT RESEARCH AND DEVELOPMENT 
                    INITIATIVE.

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

SEC. 302. RESEARCH ALIGNMENT.

  In addition to pursuing the research and development 
initiative described in section 301, the Administrator shall, 
to the maximum extent practicable within available funding, 
align the fundamental aeronautics research program to address 
high priority technology challenges of the National Academies' 
Decadal Survey of Civil Aeronautics.

SEC. 303. RESEARCH PROGRAM TO DETERMINE PERCEIVED IMPACT OF SONIC 
                    BOOMS.

  (a) In General.--The ability to fly commercial aircraft over 
land at supersonic speeds without adverse impacts on the 
environment or on local communities would open new markets and 
enable new transportation capabilities. In order to have the 
basis for establishing an appropriate sonic boom standard for 
such flight operations, a research program is needed to assess 
the impact in a relevant environment of commercial supersonic 
flight operations.
  (b) Establishment.--The Administrator shall establish a 
cooperative research program with industry, including the 
conduct of flight demonstrations in a relevant environment, to 
collect data on the perceived impact of sonic booms that would 
enable the promulgation of a standard that would have to be met 
for overland commercial supersonic flight operations.

SEC. 304. EXTERNAL REVIEW OF NASA'S AVIATION SAFETY-RELATED RESEARCH 
                    PROGRAMS.

  (a) Review.--The Administrator shall enter into an 
arrangement with the National Research Council for an 
independent review of NASA's aviation safety-related research 
programs. The review shall assess whether--
          (1) the programs have well-defined, prioritized, and 
        appropriate research objectives;
          (2) the programs are properly coordinated with the 
        safety research programs of the Federal Aviation 
        Administration and other relevant Federal agencies;
          (3) the programs have allocated appropriate resources 
        to each of the research objectives; and
          (4) suitable mechanisms exist for transitioning the 
        research results from the programs into operational 
        technologies and procedures and certification 
        activities in a timely manner.
  (b) Report.--Not later than 14 months after the date of 
enactment of this Act, the Administrator shall submit to the 
Committee on Science and Technology of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report on the results of the 
review.

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

  (a) In General.--The Administrator, in coordination with the 
United States Climate Change Science Program and other 
appropriate agencies, shall establish a research initiative to 
assess the impact of aviation on the climate and, if warranted, 
to evaluate approaches to mitigate that impact.
  (b) Research Plan.--Not later than 1 year after the date of 
enactment of this Act, the participating Federal entities shall 
jointly develop a plan for the research initiative that 
contains objectives, proposed tasks, milestones, and a 5-year 
budgetary profile.
  (c) Review.--The Administrator shall enter into an 
arrangement with the National Research Council for conducting 
an independent review of the interagency research program plan, 
and shall provide the results of that review 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 2 years after the date of enactment of 
this Act.

SEC. 306. RESEARCH PROGRAM ON DESIGN FOR CERTIFICATION.

  (a) Program.--Not later than 6 months after the date of 
enactment of this Act, NASA, in consultation with other 
appropriate agencies, shall establish a research program on 
methods to improve both confidence in and the timeliness of 
certification of new technologies for their introduction into 
the national airspace system.
  (b) Research Plan.--Not later than 1 year after the date of 
enactment of this Act, as part of the activity described in 
subsection (a), NASA shall develop a plan for the research 
program that contains objectives, proposed tasks, milestones, 
and a 5-year budgetary profile.
  (c) Review.--The Administrator shall enter into an 
arrangement with the National Research Council for conducting 
an independent review of the research program plan, and shall 
provide the results of that review 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 2 years after the date of enactment of 
this Act.

SEC. 307. AVIATION WEATHER RESEARCH.

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

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

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

SEC. 309. FUNDING FOR RESEARCH AND DEVELOPMENT ACTIVITIES IN SUPPORT OF 
                    OTHER MISSION DIRECTORATES.

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

SEC. 310. UNIVERSITY-BASED CENTERS FOR RESEARCH ON AVIATION TRAINING.

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

             TITLE IV--INTERNATIONAL EXPLORATION INITIATIVE


SEC. 401. SENSE OF CONGRESS.

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

SEC. 402. STEPPING STONE APPROACH TO EXPLORATION.

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

SEC. 403. LUNAR OUTPOST.

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

SEC. 404. EXPLORATION TECHNOLOGY DEVELOPMENT.

  (a) In General.--A robust program of long-term exploration-
related technology research and development will be essential 
for the success and sustainability of any enduring initiative 
of human and robotic exploration of the solar system.
  (b) Establishment.--The Administrator shall establish and 
maintain a program of long-term exploration-related technology 
research and development that is not tied to specific flight 
projects and that has a funding goal of at least 10 percent of 
the total budget of the Exploration Systems Mission 
Directorate.
  (c) Goals.--The long-term technology program shall have the 
goal of having at least 50 percent of the funding allocated to 
external grants and contracts with universities, research 
institutions, and industry.

SEC. 405. EXPLORATION RISK MITIGATION PLAN.

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

SEC. 406. EXPLORATION CREW RESCUE.

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

SEC. 407. PARTICIPATORY EXPLORATION.

  (a) In General.--The Administrator shall develop a technology 
plan to enable dissemination of information to the public to 
allow the public to experience missions to the Moon, Mars, or 
other bodies within our solar system by leveraging advanced 
exploration technologies. The plan shall identify opportunities 
to leverage technologies in NASA's Constellation systems that 
deliver a rich, multi-media experience to the public, and that 
facilitate participation by the public, the private sector, 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.
  (b) Report.--Not later than 270 days after the date of 
enactment of this Act, the Administrator shall submit the plan 
to the Committee on Science and Technology of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate.

SEC. 408. SCIENCE AND EXPLORATION.

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

                         TITLE V--SPACE SCIENCE


SEC. 501. TECHNOLOGY DEVELOPMENT.

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

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

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

SEC. 503. MARS EXPLORATION.

  Congress reaffirms its support for a systematic, integrated 
program of exploration of the Martian surface to examine the 
planet whose surface is most like Earth's, to search for 
evidence of past or present life, and to examine Mars for 
future habitability and as a long-term goal for future human 
exploration.

SEC. 504. IMPORTANCE OF A BALANCED SCIENCE PROGRAM.

  It is the sense of Congress that a balanced and adequately 
funded set of activities, consisting of NASA's research and 
analysis grants programs, technology development, small, 
medium-sized, and large space science missions, and suborbital 
research activities, contributes to a robust and productive 
science program and serves as a catalyst for innovation. It is 
further the sense of Congress that suborbital flight 
activities, including the use of sounding rockets, aircraft, 
and high-altitude balloons, offer valuable opportunities to 
advance science, train the next generation of scientists and 
engineers, and provide opportunities for participants in the 
programs to acquire skills in systems engineering and systems 
integration that are critical to maintaining the Nation's 
leadership in space programs. The Congress believes that it is 
in the national interest to expand the size of NASA's 
suborbital research program.

SEC. 505. RESTORATION OF RADIOISOTOPE THERMOELECTRIC GENERATOR MATERIAL 
                    PRODUCTION.

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

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

  (a) Assessment.--The Administrator shall enter into an 
arrangement with the National Academies to assess impediments 
to the successful conduct of interagency cooperation on space 
and Earth science missions, to provide lessons learned and best 
practices, and to recommend steps to help facilitate successful 
interagency collaborations on space and Earth science missions.
  (b) Report.--The report of the assessment carried out under 
subsection (a) shall be transmitted to the Committee on Science 
and Technology of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the 
Senate not later than 15 months after the date of enactment of 
this Act.

SEC. 507. ASSESSMENT OF COST GROWTH.

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

                       TITLE VI--SPACE OPERATIONS


                Subtitle A--International Space Station


SEC. 601. UTILIZATION.

  The Administrator shall take all necessary steps to ensure 
that the International Space Station remains a viable and 
productive facility capable of potential United States 
utilization through at least 2020 and shall take no steps that 
would preclude its continued operation and utilization by the 
United States after 2016.

SEC. 602. RESEARCH MANAGEMENT PLAN.

  (a) Research Management Plan.--The Administrator shall 
develop a research management plan for the International Space 
Station. The plan shall include a process for selecting and 
prioritizing research activities (including fundamental, 
applied, commercial, and other research) for flight on the 
International Space Station. This plan shall be used to 
prioritize resources such as crew time, racks and equipment, 
and United States access to international research facilities 
and equipment. The plan shall also identify the organization to 
be responsible for managing United States research on the 
International Space Station, including a description of the 
relationship of the management institution with NASA (e.g., 
internal NASA office, contract, cooperative agreement, or 
grant), the estimated length of time for the arrangement, and 
the budget required to support the management institution. The 
plan shall be developed in consultation with other Federal 
agencies, academia, industry, and other relevant stakeholders. 
The plan shall be transmitted to Congress not later than 12 
months after the date of enactment of this Act.
  (b) Access to National Laboratory.--The Administrator shall--
          (1) establish a process by which to support 
        International Space Station National Laboratory users 
        in identifying their requirements for transportation of 
        research supplies to and from the International Space 
        Station, and for communicating those requirements to 
        NASA and International Space Station transportation 
        services providers; and
          (2) develop an estimate of the transportation 
        requirements needed to support users of the 
        International Space Station National Laboratory and 
        develop a plan for satisfying those requirements by 
        dedicating a portion of volume on NASA supply missions 
        to the International Space Station and missions 
        returning from the International Space Station to 
        Earth.
  (c) Assessment.--The Administrator shall--
          (1) identify existing research equipment and racks 
        and support equipment that are manifested for flight; 
        and
          (2) provide a detailed description of the status of 
        research equipment and facilities that were completed 
        or in development prior to being cancelled, and provide 
        the budget and milestones for completing and preparing 
        the equipment for flight on the International Space 
        Station.
  (d) Advisory Committee.--Not later than 1 year after the date 
of enactment of this Act, the Administrator shall establish an 
advisory panel under the Federal Advisory Committee Act to 
monitor the activities and management of the International 
Space Station National Laboratory.

SEC. 603. CONTINGENCY PLAN FOR CARGO RESUPPLY.

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

                       Subtitle B--Space Shuttle


SEC. 611. FLIGHT MANIFEST.

  (a) Baseline Manifest.--In addition to the Space Shuttle 
flights listed as part of the baseline flight manifest as of 
January 1, 2008, the Utilization flights ULF-4 and ULF-5 shall 
be considered part of the Space Shuttle baseline flight 
manifest and shall be flown prior to the retirement of the 
Space Shuttle.
  (b) Additional Flight To Deliver the Alpha Magnetic 
Spectrometer to the International Space Station.--In addition 
to the flying of the baseline manifest as described in 
subsection (a), the Administrator shall take all necessary 
steps to fly one additional Space Shuttle flight to deliver the 
Alpha Magnetic Spectrometer to the International Space Station 
prior to the retirement of the Space Shuttle.
  (c) Space Shuttle Retirement Date.--The Space Shuttle shall 
be retired following the completion of the baseline flight 
manifest and the flight of the additional flight specified in 
subsection (b), events that are anticipated to occur in 2010.

SEC. 612. DISPOSITION OF SHUTTLE-RELATED ASSETS.

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

SEC. 613. SPACE SHUTTLE TRANSITION LIAISON OFFICE.

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

                      Subtitle C--Launch Services


SEC. 621. LAUNCH SERVICES STRATEGY.

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

                          TITLE VII--EDUCATION


SEC. 701. RESPONSE TO REVIEW.

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

SEC. 702. EXTERNAL REVIEW OF EXPLORER SCHOOLS PROGRAM.

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

                     TITLE VIII--NEAR-EARTH OBJECTS


SEC. 801. IN GENERAL.

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

SEC. 802. FINDINGS.

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

SEC. 803. REQUESTS FOR INFORMATION.

  The Administrator shall issue requests for information on--
          (1) a low-cost space mission with the purpose of 
        rendezvousing with and characterizing the Apophis 
        asteroid, which scientists estimate will in 2029 pass 
        at a distance from Earth that is closer than 
        geostationary satellites; and
          (2) a medium-sized space mission with the purpose of 
        detecting near-Earth objects equal to or greater than 
        140 meters in diameter.

SEC. 804. ESTABLISHMENT OF POLICY.

  The Director of OSTP shall--
          (1) develop a policy for notifying Federal agencies 
        and relevant emergency response institutions of an 
        impending near-Earth object threat, if near term public 
        safety is at stake; and
          (2) recommend a Federal agency or agencies to be 
        responsible for protecting the Nation from a near-Earth 
        object that is anticipated to collide with Earth and 
        implementing a deflection campaign, in consultation 
        with international bodies, should one be required.

SEC. 805. PLANETARY RADAR CAPABILITY.

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

SEC. 806. ARECIBO OBSERVATORY.

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

                    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.

SEC. 902. COMMERCIAL CREW INITIATIVE.

  (a) In General.--In order to stimulate commercial use of 
space, help maximize the utility and productivity of the 
International Space Station, and enable a commercial means of 
providing crew transfer and crew rescue services for the 
International Space Station, NASA shall--
          (1) make use of United States commercially provided 
        International Space Station crew transfer and crew 
        rescue services to the maximum extent practicable, if 
        those commercial services have demonstrated the 
        capability to meet NASA-specified ascent, entry, and 
        International Space Station proximity operations safety 
        requirements;
          (2) limit, to the maximum extent practicable, the use 
        of the Crew Exploration Vehicle to missions carrying 
        astronauts beyond low Earth orbit once commercial crew 
        transfer and crew rescue services that meet safety 
        requirements become operational;
          (3) facilitate, to the maximum extent practicable, 
        the transfer of NASA-developed technologies to 
        potential United States commercial crew transfer and 
        rescue service providers, consistent with United States 
        law; and
          (4) issue a notice of intent, not later than 180 days 
        after the date of enactment of this Act, to enter into 
        a funded, competitively awarded Space Act Agreement 
        with two or more commercial entities for a Phase 1 
        Commercial Orbital Transportation Services (COTS) 
        crewed vehicle demonstration program.
  (b) COTS Authorization of Appropriations.--There are 
authorized to be appropriated to NASA for the program described 
in subsection (a)(4) $50,000,000 for fiscal year 2009, to 
remain available until expended.
  (c) Congressional Intent.--It is the intent of Congress that 
funding for the program described in subsection (a)(4) shall 
not come at the expense of full funding for Orion Crew 
Exploration Vehicle development, Ares I Crew Launch Vehicle 
development, or International Space Station cargo delivery.
  (d) Additional Technologies Authorization of 
Appropriations.--There are authorized to be appropriated to 
NASA for the provision of International Space Station-
compatible docking adaptors and other relevant technologies to 
be made available to the commercial crew providers selected to 
service the International Space Station $50,000,000, to remain 
available until expended.
  (e) Crew Transfer and Crew Rescue Services Contract.--If a 
commercial provider demonstrates the capability to provide 
International Space Station crew transfer and crew rescue 
services and to satisfy NASA ascent, entry, and International 
Space Station proximity operations safety requirements, NASA 
shall enter into an International Space Station crew transfer 
and crew rescue services contract with that commercial provider 
for a portion of NASA's anticipated International Space Station 
crew transfer and crew rescue requirements from the time the 
commercial provider commences operations under contract with 
NASA through calendar year 2016, with an option to extend the 
period of performance through calendar year 2020.

       TITLE X--REVITALIZATION OF NASA INSTITUTIONAL CAPABILITIES


SEC. 1001. REVIEW OF INFORMATION SECURITY CONTROLS.

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

SEC. 1002. MAINTENANCE AND UPGRADE OF CENTER FACILITIES.

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

SEC. 1003. ASSESSMENT OF NASA LABORATORY CAPABILITIES.

  (a) In General.--NASA's laboratories are a critical component 
of NASA's research capabilities, and the Administrator shall 
ensure that those laboratories remain productive.
  (b) Review.--The Administrator shall enter into an 
arrangement for an independent external review of NASA's 
laboratories, including laboratory equipment, facilities, and 
support services, to determine whether they are equipped and 
maintained at a level adequate to support NASA's research 
activities. The assessment shall also include an assessment of 
the relative quality of NASA's in-house laboratory equipment 
and facilities compared to comparable laboratories elsewhere.

                       TITLE XI--OTHER PROVISIONS


SEC. 1101. SPACE WEATHER.

  (a) Plan for Replacement of Advanced Composition Explorer at 
L-1 Lagrangian Point.--
          (1) Plan.--The Director of OSTP shall develop a plan 
        for sustaining space-based measurements of solar wind 
        from the L-1 Lagrangian point in space and for the 
        dissemination of the data for operational purposes. 
        OSTP shall consult with NASA, NOAA, and other Federal 
        agencies, and with industry, in developing the plan.
          (2) Report.--The Director shall transmit the plan to 
        Congress not later than 1 year after the date of 
        enactment of this Act.
  (b) Research Program on Space Weather and Aviation.--
          (1) Establishment.--The Administrator shall, in 
        coordination with the National Science Foundation, 
        NOAA, and other relevant agencies, initiate a research 
        program to--
                  (A) conduct or supervise research projects on 
                impacts of space weather to aviation, including 
                impacts on communication, navigation, avionic 
                systems, and airline passengers and personnel; 
                and
                  (B) facilitate the transfer of technology 
                from space weather research programs to Federal 
                agencies with operational responsibilities and 
                to the private sector.
          (2) Use of grants or cooperative agreements.--The 
        Administrator may use grants or cooperative agreements 
        in carrying out this subsection.
  (c) Assessment of the Impact of Space Weather on Aviation.--
          (1) Study.--The Administrator shall enter into an 
        arrangement with the National Research Council for a 
        study of the impacts of space weather on the current 
        and future United States aviation industry, and in 
        particular to examine the risks for Over-The-Pole (OTP) 
        and Ultra-Long-Range (ULR) operations. The study 
        shall--
                  (A) examine space weather impacts on at least 
                communications, navigation, avionics, and human 
                health in flight;
                  (B) assess the benefits of space weather 
                information and services to reduce aviation 
                costs and maintain safety;
                  (C) provide recommendations on how NASA, 
                NOAA, and the National Science Foundation can 
                most effectively carry out research and 
                monitoring activities related to space weather 
                and aviation; and
                  (D) provide recommendations on how to 
                integrate space weather information into the 
                Next Generation Air Transportation System.
          (2) Report.--A report containing the results of the 
        study shall be provided to the Committee on Science and 
        Technology of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of 
        the Senate not later than 1 year after the date of 
        enactment of this Act.

SEC. 1102. SPACE TRAFFIC MANAGEMENT.

  (a) In General.--As more nations acquire the capabilities for 
launching payloads into outer space, there is an increasing 
need for a framework under which information intended to 
promote safe access into outer space, operations in outer 
space, and return from outer space to Earth free from physical 
or radio-frequency interference can be shared among those 
nations.
  (b) Discussions.--The Administrator, in consultation with 
other appropriate agencies of the Federal Government, shall 
initiate discussions with the appropriate representatives of 
other spacefaring nations with the goal of determining an 
appropriate framework under which information intended to 
promote safe access into outer space, operations in outer 
space, and return from outer space to Earth free from physical 
or radio-frequency interference can be shared among those 
nations.

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

  (a) Review.--The Director of OSTP shall carry out a study of 
the impact of current export control policies and 
implementation directives on the United States aerospace 
industry and its competitiveness in global markets, and on the 
ability of United States Government agencies to carry out 
cooperative activities in science and technology and human 
space flight, including the impact on research carried out 
under the sponsorship of those agencies.
  (b) Consultation.--In carrying out the study, the Director 
shall seek input from industry, academia, representatives of 
the science community, all affected United States Government 
agencies, and any other appropriate organizations and 
individuals.
  (c) Report.--The Director shall provide a report detailing 
the findings and recommendations of the study to the Committee 
on Science and Technology of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the 
Senate not later than 9 months after the date of enactment of 
this Act.

SEC. 1104. ASTRONAUT HEALTH CARE.

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

SEC. 1105. NATIONAL ACADEMIES DECADAL SURVEYS.

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

SEC. 1106. INNOVATION PRIZES.

  (a) In General.--Prizes can play a useful role in encouraging 
innovation in the development of technologies and products that 
can assist NASA in its aeronautics and space activities, and 
the use of such prizes by NASA should be encouraged.
  (b) Amendments.--Section 314 of the National Aeronautics and 
Space Act of 1958 is amended--
          (1) by amending subsection (b) to read as follows:
  ``(b) Topics.--In selecting topics for prize competitions, 
the Administrator shall consult widely both within and outside 
the Federal Government, and may empanel advisory committees. 
The Administrator shall give consideration to prize goals such 
as the demonstration of the ability to provide energy to the 
lunar surface from space-based solar power systems, 
demonstration of innovative near-Earth object survey and 
deflection strategies, and innovative approaches to improving 
the safety and efficiency of aviation systems.''; and
          (2) in subsection (i)(4) by striking ``$10,000,000'' 
        and inserting ``$50,000,000''.
    Chairman Gordon. The first amendment on the roster is the 
manager's amendment offered by myself. The clerk will report 
the amendment.
    The Clerk. Amendment to H.R. 6063 offered by Mr. Gordon of 
Tennessee.
    [The amendment follows:]
    
    
                         Amendment to H.R. 6063


                   Offered by Mr. Gordon of Tennessee

  Page 13, lines 9 through 11, strike ``Administrator and the 
Administrator of NOAA, shall develop a process for Federal 
agencies'' and insert ``Administrator, the Administrator of 
NOAA, and other relevant stakeholders, shall develop a 
process''.
  Page 16, line 10, insert ``involving NASA, universities, 
industry, and other research organizations as appropriate,'' 
after ``establish an initiative''.
  Page 17, line 7, insert ``, and shall work to increase the 
degree of involvement of external organizations, and especially 
of universities, in the fundamental aeronautics research 
program'' after ``Civil Aeronautics''.
  Page 21, lines 4 and 5, strike ``assess, and make 
recommendations regarding,'' and insert ``make recommendations 
regarding''.
  Page 21, after line 7, insert the following new paragraph:
          (2) make recommendations for and monitor development 
        and implementation of processes for transitioning 
        research and development from NASA and the Federal 
        Aviation Administration to external entities for 
        further development as appropriate;
  Page 21, lines 8 and 17, redesignate paragraphs (2) and (3) 
as paragraphs (3) and (4), respectively.
  Page 21, lines 8 and 9, strike ``assess, and make 
recommendations regarding,'' and insert ``make recommendations 
regarding''.
  Page 21, line 24, strike ``paragraphs (1) and (2)'' and 
insert ``paragraphs (1), (2), and (3)''.
  Page 26, line 13, strike ``scientific'' and insert ``human''.
  Page 27, line 20, insert ``nongovernmental organizations,'' 
after ``private sector,''.
  Page 28, line 9, insert ``, Mars, and other solar system 
bodies'' after ``to the Moon''.
  Page 30, line 2, insert ``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.'' after ``future human exploration.''.
  Page 32, after line 13, insert the following new section:

SEC. 508. OUTER PLANETS EXPLORATION.

  It is the sense of Congress that the outer solar system 
planets and their satellites can offer important knowledge 
about the formation and evolution of the solar system, the 
nature and diversity of these solar system bodies, and the 
potential for conditions conducive to life beyond Earth. NASA 
should move forward with plans for an Outer Planets flagship 
mission to the Europa-Jupiter system or the Titan-Saturn system 
as soon as practicable within a balanced Planetary Science 
program.
  Page 34, line 15, strike ``and''.
  Page 34, line 21, strike the period and insert ``; and''.
  Page 34, after line 21, insert the following new paragraph:
          (3) provide the results of the assessment to the 
        Committee on Science and Technology of the House of 
        Representatives and the Committee on Commerce, Science, 
        and Transportation of the Senate not later than 18 
        months after the date of enactment of this Act.
  Page 42, line 5, insert ``, attaching a tracking device,'' 
after ``rendezvousing with''.
  Page 42, line 13, strike ``The Director'' and insert ``Not 
later than 2 years after the date of enactment of this Act, the 
Director''.
  Page 45, line 13, insert ``Crewed Vehicle Demonstration 
Program'' after ``COTS''.
  Page 45, line 19, insert ``of the amounts authorized under 
section 101(a)(3), and for future fiscal years,'' after ``full 
funding''.
  Page 49, line 17 insert ``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.'' after 
``laboratories elsewhere.''.
  Page 56, after line 2, insert the following new sections (and 
amend the table of contents accordingly):

SEC. 1107. COMMERCIAL SPACE LAUNCH RANGE STUDY.

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

SEC. 1108. NASA OUTREACH AND TECHNOLOGY ASSISTANCE PROGRAM.

  (a) Establishment.--NASA shall contract with an organization 
that has demonstrated the ability to partner with NASA centers, 
aerospace contractors, and academic institutions to carry out a 
program to transfer the knowledge and technology of the space 
and aeronautics programs to small businesses in communities 
across the United States. The program shall support the mission 
of NASA's Innovative Partnerships Program to provide technical 
assistance through joint partnerships with industry, academia, 
government agencies, and national laboratories.
  (b) Program Structure.--In carrying out the program described 
in subsection (a), the organization shall support the mission 
of NASA's Innovative Partnerships Program by undertaking the 
following activities:
          (1) Facilitating technology transfer to the private 
        sector to produce viable commercial products.
          (2) Creating a network of academic institutions, 
        aerospace contractors, and NASA centers that will 
        commit to donating technical assistance to small 
        businesses.
          (3) Creating a network of economic development 
        organizations to increase the awareness and enhance the 
        effectiveness of the program nationwide.
  (c) Report.--Not later than 1 year after the date of 
enactment of this Act, and annually thereafter, the 
Administrator shall submit a report to the Committee on Science 
and Technology of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the 
Senate describing the efforts and accomplishments of the 
program established under subsection (a) in support of NASA's 
Innovative Partnerships Program. As part of the report, the 
Administrator shall provide--
          (1) data on the number of small businesses receiving 
        assistance, jobs created and retained, and volunteer 
        hours donated by NASA, contractors, and academic 
        institutions nationwide;
          (2) an estimate of the total dollar value of the 
        economic impact made by small businesses that received 
        technical assistance through the program; and
          (3) an accounting of the use of funds appropriated 
        for the program.
  (d) Authorization of Appropriations.--There are authorized to 
be appropriated to NASA for the program established under 
subsection (a), $4,000,000 for fiscal year 2009 from the 
funding available for the Innovative Partnerships Program, to 
remain available until expended.
    Chairman Gordon. I ask unanimous consent to dispense with 
the reading.
    Without objection, so ordered.
    I recognize myself for 5 minutes to explain the amendment.
    I have what I believe is a straightforward amendment that 
makes a number of technical corrections to the bill, clarifies 
several of existing provisions of the bill, and adds some 
additional language. It clarifies that the bill intends for 
NASA to insure significant involvement by the universities and 
industry in NASA's Aeronautics R&D Program. It also clarifies 
that the responsibilities of the Joint Aeronautics R&D Advisory 
Committee established in the bill.
    In the planetary science area the amendment adds additional 
language on support of the Robotic Mars Science Mission, as 
well as a sense of Congress provision on the importance of the 
Outer Planets Program.
    And finally, the amendment includes two new provisions. 
First is a commercial launch range study to be carried out by 
OSTP to identify issues and challenges associated with 
establishing such launch ranges. And second, it is a provision 
to establish a new outreach in Technology Assistance Program to 
help transfer NASA's knowledge in technology to the Nation's 
small businesses.
    We have worked closely with the minority in crafting this 
amendment, and I appreciate their assistance and input. I 
believe that this is a non-controversial amendment, and I would 
urge my colleagues to support it.
    Is there further discussion on the amendment?
    Mr. Hall. Mr. Chairman.
    Chairman Gordon. Mr. Hall is recognized.
    Mr. Hall. Your amendment makes a number of clarifying 
changes and some good provisions were added in part through the 
advocacy of my friend and Texas colleague, Representative John 
Culberson, and you have mentioned the commercial launch range 
and Mr. Lampson's aid for the small business area.
    And I support the manager's amendment and urge all members 
to lend their support to it as well.
    And I yield back my time.
    Chairman Gordon. If there is no further discussion on the 
amendment, if no, the vote occurs on the amendment. All in 
favor, say aye. Those opposed, no. The amendment has it--or the 
ayes have it, and the amendment is agreed to.
    The second amendment on the roster is offered by the 
gentleman from Georgia, Mr. Gingrey. Dr. Gingrey. Are you ready 
to proceed with your amendment?
    Mr. Gingrey. I am, Mr. Chairman.
    Chairman Gordon. The clerk will report the amendment.
    The Clerk. Amendment number 089, amendment to H.R. 6063 
offered by Mr. Gingrey of Georgia.
    [The amendment follows:]

                         Amendment to H.R. 6063

                   Offered by Mr. Gingrey of Georgia

  Page 56, after line 2, insert the following new section (and 
amend the table of contents accordingly):

SEC. 1107. REPEAL OF ALTERNATIVE FUEL PROCUREMENT REQUIREMENT FOR 
                    FEDERAL AGENCIES.

  (a) Findings.--Congress finds the following:
          (1) Section 526 of the Energy Independence and 
        Security Act of 2007, which restricts the purchase of 
        fuels not derived from ``conventional'' petroleum, was 
        included in the legislation ``in response to proposals 
        under consideration by the Air Force to develop coal-
        to-liquid fuels'', according to the author of the 
        section.
          (2) Section 526 affects any Federal agency that 
        purchases fuel, including NASA.
          (3) Section 526, though aimed at coal-to-liquids, 
        affects all ``unconventional'' fuels, including oil 
        shale, tar sands, heavy oil, and possibly ethanol and 
        other biofuels.
          (4) Coal-to-liquids, oil shale, and tar sands are all 
        abundant in the United States and Canada.
          (5) Canada is currently the largest United States oil 
        supplier. It sent 1,800,000 barrels per day of crude 
        oil and 500,000 barrels per day of refined products to 
        the United States in 2006, according to the Canadian 
        Government. About half of Canadian crude is derived 
        from oil sands, with sands production forecast to reach 
        about 3,000,000 barrels per day in 2015.
          (6) Section 526 could choke this flow of fuel from 
        one of the Nation's most reliable allies and economic 
        partners.
  (b) Repeal.--Section 526 of the Energy Independence and 
Security Act of 2007 (Public Law 110-140; 42 U.S.C. 17142) is 
hereby repealed.

    Chairman Gordon. I ask unanimous consent to dispense with 
the reading.
    Without objection, so ordered.
    Mr. Baird. Mr. Chairman.
    Chairman Gordon. The gentleman is recognized.
    Mr. Baird. I reserve a point of order on the amendment.
    Chairman Gordon. The gentleman is--Dr. Gingrey is 
recognized for 5 minutes to explain his amendment with a 
reservation held by Dr. Baird.
    Mr. Gingrey. Mr. Chairman, thank you, and I certainly agree 
with you and your statements and the Ranking Member's 
statements, H.R. 6063 is definitely a strong and bipartisan 
piece of legislation, and I commend Mr. Udall and Mr. Feeney 
for working so closely together on this bill.
    I think we can make it better, though, and I actually have 
two amendments, and let me describe the first one.
    This--the first amendment would correct a misguided 
provision, and that provision is Section 526 of the Energy 
Independence and Security Act of 2007, that prevents the 
Federal Government, including NASA, from developing and 
implementing alternative fuels from our own domestic sources. 
This first amendment is very similar to a bipartisan amendment 
to the fiscal year 2009, National Defense Authorization Act 
that I submitted to the rules Committee, along with Mr. 
Hensarling of Texas, Mrs. Blackburn of Tennessee, and Mr. 
Abercrombie of Hawaii.
    Unfortunately, the majority did not make that amendment in 
order, but it is my opinion that the Science Committee will 
engage in a full and an open debate on a clear difference of 
philosophies on energy policy that exists between the 
Republicans and our Democratic colleagues.
    Over the past 5 years NASA has seen an increase of almost 
400 percent in spending for jet fuel, from $4.5 million in 
fiscal year 2003, to $18.3 million in fiscal year 2007. Simply 
put, the growth NASA has experienced in fuel costs is simply 
out of control, and it has, therefore, been actively 
researching alternative fuels to help reduce fuel costs, not 
only for itself but also for other federal agencies. And in 
particular, for the Department of Defense.
    It has estimated the Department of Defense, mainly through 
the Air Force, utilizes 480,000 gallons of refined petroleum 
products every day, 480,000 gallons a day, and because of the 
rising cost of fuel, it is estimated that in the fiscal year 
2008, the additional cost to the Department of Defense and to 
the Federal Government will be $9 billion. Now, that is just 
the increased costs.
    Mr. Chairman, NASA has historically been on the cutting 
edge of innovation, numerous contributions to technologies that 
we use on a daily basis in the United States. We all know about 
that. Currently, NASA is partnering with the Air Force and is 
already aggressively conducting research to convert domestic 
energy sources such as coal to liquid, natural gas, biomass, 
and oil shale. It is estimated that in the west, four or five 
states in the west, the amount of oil shale, which is--I am not 
that familiar with the product, but it is not a liquid. It is 
kind of semi-solid, but if we utilize that and converted it 
into a petroleum product, it could produce something like three 
million additional--I am sorry--three trillion additional 
barrels of oil for use by the Federal Government. Three 
trillion. Now, put it in perspective when the first oil well 
was drilled in Pennsylvania back in the late 1800's. Since that 
time the whole world has used about one trillion barrels of 
petroleum, and this oil shale has the capacity, domestic, right 
here in River City, if you will, of producing three trillion 
additional barrels of petroleum.
    And as I say, NASA is currently partnered with the Air 
Force. They are conducting the research to make these 
conversions into cleaner and more economical-alternative to 
traditional jet fuel. We are--the prices, of course, are 
rising, at a time where we could best utilize the research for 
emerging technologies for alternative fuels with Section 526, 
the Democratic majority has really effectively stymied 
innovation at NASA that could potentially help us reduce our 
dependence on foreign oil.
    It basically says in Section 526 that the Federal 
Government cannot utilize any of these other sources if it 
results in any increased carbon footprint. Now, I am not 
talking about tonnage of CO2. I am talking about 
maybe even an ounce more, and when we have to balance and 
consider the amount of money that we are spending and what we 
are going through and what the American public is going through 
in this time to not put aside that misguided policy so that our 
Federal Government doesn't literally go broke I think is a big 
mistake.
    So, Mr. Chairman, that basically is my amendment. I would 
literally strike Section 526 and have that as part of this NASA 
bill, which, again, I think H.R. 6063 is a good, strong 
bipartisan bill, as you said, but I think we can make it much 
better with this amendment.
    And I yield back.
    Chairman Gordon. Thank you, Dr. Gingrey. Does the gentleman 
wish to be heard on his point of order?
    Mr. Baird. Mr. Chair, I make a point of order that pursuant 
to Clause 7 of House Rule 16, the amendment is not germane to 
the underlying bill being amended.
    Chairman Gordon. Dr. Gingrey, do you wish to be heard on 
the point of order?
    Mr. Gingrey. Mr. Chairman, I do. I don't see how--I respect 
my colleague, of course, Dr. Baird, but I don't understand, 
maybe he could explain to us why this amendment would not be 
germane. As I just pointed out in my discussion, NASA is 
currently doing research on utilizing these alternative 
domestic sources and has a partnership with the Department of 
Defense so that they are not duplicating their research efforts 
and sharing that information and is just on the verge probably 
of being able to utilize that commercially.
    So I can't understand. Maybe Dr. Baird can explain to us 
why he feels it is not germane.
    Mr. Baird. I would be happy to. First of all, the most 
important thing is the parliamentarian has advised us that it 
qualifies as not germane, but my understanding is that federal 
procurement laws are part of the government reformat oversight 
and are not germane to this particular committee, and on that 
basis is why I offered the resolution.
    Mr. Gingrey. Mr. Chairman, if I could additionally comment 
on that, you know, I guess what Dr. Baird is saying is that it 
is not germane because this amendment would change the bill to 
the point that some other committee then would have some 
jurisdiction over it, and it would have to be referred to the 
other committee that Dr. Baird mentioned. But, I mean, why does 
that mean it is non-germane just because some other committee 
may have to look at it and have jurisdiction? We are not 
exactly killing ourselves, Mr. Chairman, up here getting things 
done. We are spending a lot of time on suspension bills and the 
one that is coming up tomorrow in regard to the Chesapeake Bay 
probably we are going to be spending time debating that, but it 
should be on suspension.
    We are wasting a lot of time. This is important stuff. Even 
if it does mean sequential referral, so be it if we make it a 
much better bill and save our country from going down the 
tubes.
    Mr. Ehlers. Mr. Chairman.
    Chairman Gordon. Dr. Ehlers is recognized.
    Mr. Ehlers. Thank you, Mr. Chairman. I speak against the 
point of order and in favor of the amendment for perhaps some 
different reasons, but as you know, I have fought very hard 
over the years to maintain this jurisdiction, the jurisdiction 
of this Committee over various areas. And this problem that we 
are trying to correct here is a good example of what happens 
when committees that don't understand the science and don't 
have jurisdiction over NASA, for example, pass regulations that 
just don't make sense.
    And the reason this doesn't make sense in the case of 
either aviation or space travel is that the primary requirement 
for fuel to be used for space travel or for aviation is to have 
a high energy density fuel. In other words, a lot of energy 
compared to the weight, because with flying or space travel, 
weight means everything. You want to keep the weight as low as 
possible, but you need the maximum energy. So you want to buy 
fuels or find fuels or develop fuels that have the maximum 
energy density. In other words, the largest amount of energy 
available for the amount of weight of the fuel you are 
carrying.
    And I see Section 526 basically saying, well, we don't care 
about that. We are just worried about the government foot 
print. Well, I am worried about government foot print, too. I 
want the smallest possible government foot print or tire tread 
or vapor trails through space, whatever you want to call it, 
but the point is simply let NASA and all the aviation and space 
researchers decide what is the best fuel, what is the highest 
energy density for the minimum government foot print.
    In other words, you have to balance two things; energy 
density and foot print and not put everything on the foot print 
itself. So I think this Section 526, it is just pure nonsense. 
It should be left up to this Committee and to the scientific 
community to try to work out this particular problem. And by 
having another committee step in, which doesn't understand the 
science, we end up with this problem.
    So I respect the parliamentarian and--but there is a 
problem here that has to be addressed. The problem arises 
because once again a committee outside of the Science Committee 
tackled a scientific issue and messed up on it.
    With that I will yield back.
    Mr. Sensenbrenner. Mr. Chairman.
    Chairman Gordon. Ranking Member Hall has asked to be 
recognized.
    Mr. Hall. And I will yield to Jim, but I would like 30 
seconds first before I get you started, Jim. Okay?
    I support, of course, the bill and speak in support of the 
amendment, and point of order has been raised, and that will be 
a legal question. But, you know, when I was in law school, I 
think they had a four corners of the page ruling that you look 
at anything from everything that is within those four corners 
of the page, and you had legal reasons and then you had 
equitable reasons. And sometimes equity outweighed the legal. 
And I think that is what the professor here is saying, that 
this amendment is simple, and yet it addresses a problem that 
is created by an earlier law that hamstrings our federal 
agencies. It is an equitable thing to undo those shackles that 
are put on them, American taxpayers, and I think we are aware 
of the Energy Bill that passed last year doesn't--does little 
to advance energy independence for Americans and actually takes 
options off the table for increasing the production of a number 
of domestic energy resources.
    Section 526 is one of the many sections that reduces 
options for Americans. This section prohibits any federal 
agency from entering into contracts to purchase any new fuel 
sources such as coal to liquids and those derived from tar 
sands and oil shale to power their fleets. Instead, the way the 
section is written it could potentially also prohibit the 
purchase of ethanol and other biofuels. And some of us agree 
with that part, but we don't agree with the others.
    But considering the fact that Americans are burdened with 
skyrocketing fuel costs, I think our Nation continues to rely 
on foreign sources of energy. We ought to be looking for all 
and using all unconventional sources of energy that we can 
produce domestically. I just think that when we look at the 
pages of--from the four corners of the pages and we see Section 
526, it affects any federal agency that purchases fuels, and 
that includes NASA. NASA purchased $18.3 million of jet fuel 
just last year and countless more to power their automobile 
fleet and manufacturing capabilities.
    And when we consider the fact that our Nation is on an 
energy crisis created in part by a lack of domestic production 
of resources, this amendment would allow the purchases of new 
domestic resources and simply makes sense. I think it is 
equitable if you take the equity position, and when you search 
and make a ruling on the legal, I urge all my colleagues to 
pass this commonsense amendment, if the Chair rules as 
correctly as I hope he is going to rule on this. And if he 
doesn't, I have a sneaking feeling we may be outvoted.
    But I have to yield my last 5 minutes to Mr. Sensenbrenner.
    Mr. Sensenbrenner. Well, I thank the distinguished Ranking 
Member for yielding, and I am going to be much quicker than 5 
minutes or even 5 seconds.
    I would caution the Chair to--not to sustain the point of 
order that has been made by the gentleman from Washington 
State.
    This bill deals with NASA authorization. NASA authorization 
largely is what NASA procures and how it procures it, and if we 
accept the argument that the gentleman from Washington State 
has raised, then this entire bill would probably be non-germane 
and in the jurisdiction of the Committee on Government Reform 
and Oversight. That would be a terrible mistake.
    During my tenure as Chair of this Committee 10 years ago, 
we had some major tussles on jurisdictional issues, and it was 
largely with the Government Reform and Oversight Committee, and 
we were able to win most of those arguments. The way the House 
rules are written, the Waxman Committee can stick its nose into 
practically everything.
    If we do not stand up and fight for our jurisdiction, the 
nose of the camel will be under our tent, and before we know it 
the entire camel will be there, and it will be our Committee 
that ends up being irrelevant. I would just as soon have that 
committee be made irrelevant, but that will require an 
overruling of the point of order that the gentleman from 
Washington State has entered.
    Thank you.
    Chairman Gordon. Thank you. The Chair is prepared to rule. 
The gentleman's point of order is sustained. The amendment in 
question amends the provision in an unrelated act, which has no 
relation to the subject matter of the underlying bill, which is 
NASA.
    The Chair would also note that the amendment falls outside 
of the Committee's jurisdiction. Thus, the amendment is not 
germane, and the point of order is sustained pursuant to Clause 
7 of House Rule 16.
    Now, let me tell you in English what we mean here. The 
Government Reform has jurisdiction. The parliamentarians have 
made that very clear on this particular matter. And let me say 
that this is not a last, or Court of last resort, in that Dr. 
Gingrey can go to the Rules Committee, with which he is well 
familiar with, and ask this be made an order on the Floor.
    And let me also remind, Mr. Sensenbrenner was giving us a 
little bit of a history lesson, for many, many, many years it 
has been the tradition and custom of this Committee that when 
the Chairman sends out a notice saying amendments are accepted, 
the Chairman also says that reserves the right not to accept 
any amendment that has not been presented within 24 hours. 
There is a reason for that. The reason is we have got a 
responsibility to put a good bill on the Floor, and it needs to 
be vetted. This is not the subcommittee. This is the full 
Committee. I haven't even--you know, we did not get this 
amendment until 9:30 last night, and if you were looking for a 
conspiracy, you might say it was waited late so that we 
couldn't get to the parliamentarians and ask about it. There 
was, you know, if this was so important it could have been 
brought at the subcommittee level, it could have brought more 
than 24 hours. I don't think that there--anyone thinks there 
hasn't been a lack of or there is a lack of cooperation and 
collaboration.
    And so, you know, not even having read this bill it really 
does make me feel uncomfortable just in an honest situation to 
put something on the Floor that hasn't been vetted. It is not 
necessarily the concept but is the way it is written. We just 
don't know.
    So, again, I think there is a--certainly there is a 
significant parliamentary position here, and there is a 
substantive position, and I would say to Dr. Gingrey, I would 
suggest that he go to the subcommittee, I mean, rather to the 
Rules Committee, and I will not object when he does that.
    So now there is a third----
    Mr. Feeney. Mr. Chairman.
    Chairman Gordon. Yes.
    Mr. Feeney. If it is the appropriate time, I want to 
reluctantly appeal the ruling of the Chair, and it is not as 
much directed at the Chairman, who I have great respect for and 
a great friendship with, but it is as much----
    Mr. Baird. Mr. Chairman, I would like to----
    Mr. Feeney [continuing]. A decision how the 
parliamentarian--and I think the parliamentarian has given the 
Committee and the Chairman bad advice, and therefore, I 
reluctantly but very firmly do appeal the ruling of the Chair 
on this.
    Mr. Baird. Mr. Chairman, I call the roll. Ask for a record 
of the vote.
    Chairman Gordon. I rule to table that motion. The question 
is on the gentleman's motion to lay the appeal on the ruling, 
of the ruling of the Chair on the table.
    All in favor, say, aye. Opposed, no.
    The ayes appear to have it.
    Mr. Feeney. Mr. Chairman, on that I would request a 
recorded vote, please.
    Chairman Gordon. The clerk will call the roll.
    The Clerk. Chairman Gordon.
    Chairman Gordon. Aye.
    The Clerk. Chairman Gordon votes aye. Mr. Costello.
    Mr. Costello. Aye.
    The Clerk. Mr. Costello votes aye. Ms. Johnson.
    [No response.]
    The Clerk. Ms. Woolsey.
    Ms. Woolsey. Aye.
    The Clerk. Ms. Woolsey votes aye. Mr. Udall.
    Mr. Udall. Aye.
    The Clerk. Mr. Udall votes aye. Mr. Wu.
    Mr. Wu. Aye.
    The Clerk. Mr. Wu votes aye. Mr. Baird.
    Mr. Baird. Aye.
    The Clerk. Mr. Baird votes aye. Mr. Miller.
    Mr. Miller. Aye.
    The Clerk. Mr. Miller votes aye. Mr. Lipinski.
    Mr. Lipinski. Aye.
    The Clerk. Mr. Lipinski votes aye. Mr. Lampson.
    Mr. Lampson. Aye.
    The Clerk. Mr. Lampson votes aye. Ms. Giffords.
    Ms. Giffords. Aye.
    The Clerk. Ms. Giffords votes aye. Mr. McNerney.
    Mr. McNerney. Aye.
    The Clerk. Mr. McNerney votes aye. Ms. Richardson.
    Ms. Richardson. Aye.
    The Clerk. Ms. Richardson votes aye. Mr. Kanjorski.
    [No response.]
    The Clerk. Ms. Hooley.
    Ms. Hooley. Aye.
    The Clerk. Ms. Hooley votes aye. Mr. Rothman.
    [No response.]
    The Clerk. Mr. Matheson.
    Mr. Matheson. Aye.
    The Clerk. Mr. Matheson votes aye. Mr. Ross.
    [No response.]
    The Clerk. Mr. Chandler.
    Mr. Chandler. Aye.
    The Clerk. Mr. Chandler votes aye. Mr. Carnahan.
    Mr. Carnahan. Aye.
    The Clerk. Mr. Carnahan votes aye. Mr. Melancon.
    Mr. Melancon. Aye.
    The Clerk. Mr. Melancon votes aye. Mr. Hill.
    Mr. Hill. Aye.
    The Clerk. Mr. Hill votes aye. Mr. Mitchell.
    Mr. Mitchell. Aye.
    The Clerk. Mr. Mitchell votes aye. Mr. Wilson.
    Mr. Wilson. Aye.
    The Clerk. Mr. Wilson votes aye. Mr. Hall.
    Mr. Hall. No.
    The Clerk. Mr. Hall votes no. Mr. Sensenbrenner.
    Mr. Sensenbrenner. No.
    The Clerk. Mr. Sensenbrenner votes no. Mr. Smith of Texas.
    Mr. Smith of Texas. No.
    The Clerk. Mr. Smith of Texas votes no. Mr. Rohrabacher.
    [No response.]
    The Clerk. Mr. Bartlett.
    Mr. Bartlett. No.
    The Clerk. Mr. Bartlett votes no. Mr. Ehlers.
    Mr. Ehlers. No.
    The Clerk. Mr. Ehlers votes no. Mr. Lucas.
    Mr. Lucas. No.
    The Clerk. Mr. Lucas votes no. Mrs. Biggert.
    Ms. Biggert. No.
    The Clerk. Mrs. Biggert votes no. Mr. Akin.
    Mr. Akin. No.
    The Clerk. Mr. Akin votes no. Mr. Feeney.
    Mr. Feeney. No.
    The Clerk. Mr. Feeney votes no. Mr. Neugebauer.
    [No response.]
    The Clerk. Mr. Inglis.
    [No response.]
    The Clerk. Mr. Reichert.
    Mr. Reichert. No.
    The Clerk. Mr. Reichert votes no. Mr. McCaul.
    Mr. McCaul. No.
    The Clerk. Mr. McCaul votes no. Mr. Diaz-Balart.
    Mr. Diaz-Balart. No.
    The Clerk. Mr. Diaz-Balart votes no. Mr. Gingrey.
    Mr. Gingrey. No.
    The Clerk. Mr. Gingrey votes no. Mr. Bilbray.
    [No response.]
    The Clerk. Mr. Smith.
    Mr. Smith of Nebraska. No.
    The Clerk. Mr. Smith of Nebraska votes no. Mr. Broun.
    [No response.]
    Chairman Gordon. Is there anyone present who hasn't had a 
chance to vote?
    If not, the clerk will tally the votes.
    The Clerk. Mr. Chairman, 20 members vote aye, and 14 
members vote no.
    Chairman Gordon. The third amendment on the roster is 
offered by the gentleman from Georgia, Dr. Gingrey. Are you 
ready to proceed with your amendment?
    Mr. Gingrey. I am, Mr. Chairman.
    Chairman Gordon. The clerk will report the amendment.
    The Clerk. Amendment number 090, amendment to H.R. 6063 
offered by Mr. Gingrey of Georgia.
    [The amendment follows:]
    
    
                         Amendment to H.R. 6063


                   Offered by Mr. Gingrey of Georgia

  Page 56, after line 2, insert the following new section (and 
amend the table of contents accordingly):

SEC. 1107. AUTHORITY TO WAIVE ALTERNATIVE FUEL PROCUREMENT REQUIREMENT.

  The Administrator (or his designee) may waive the prohibition 
contained in section 526 of the Energy Independence and 
Security Act of 2007 (Public Law 110-140; 42 U.S.C. 17142) if 
such a waiver is deemed necessary by the Administrator, in his 
sole discretion, to further the mission of NASA.
    Chairman Gordon. I ask unanimous consent to dispense with 
the reading, and without objection, so ordered.
    Mr. Baird. Mr. Chairman, I would again reserve a point of 
order on the amendment.
    Chairman Gordon. The gentleman is recognized for 5 minutes 
to explain his amendment.
    Mr. Gingrey. Mr. Chairman, thank you. We are going to make 
a second attempt here for my colleagues, and this second 
amendment that I am offering does address the very same issue 
that the previous amendment did, but it attempts to correct it 
in a different way.
    You have heard my explanation in regard to wanting to 
strike and repeal Section 526 of the Energy Independence and 
Security Act of 2007, and the reasons for that, because it is 
applicable to our entire Federal Government and the numbers 
that I gave you, I think, are just absolutely staggering. But 
in any regard, we have had that battle and I can count, and I 
heard that 20, 14 vote.
    So now I want to try to approach this in a more limited 
manner, but I think one that hopefully our colleagues can 
accept, because I believe that this amendment provides a good 
compromise that would tremendously benefit NASA.
    This amendment would allow the NASA administrator to use 
his discretion to provide a waiver to the agency to make it 
exempt from the harmful provisions of Section 526. Just like 
the other amendment that I offered to H.R. 6063, this amendment 
is very similar to one offered by Mr. Bishop of Utah in the 
fiscal year 2009 National Defense Authorization Act. 
Unfortunately, that amendment was also not made in order by the 
Rules Committee.
    Again, I believe that this is also a commonsense amendment 
that will help us get on the path to correcting harmful energy 
policies by granting NASA a waiver, and we are not talking 
about the rest of the Federal Government, we are not even 
talking about the Department of Defense. We are just talking 
about this agency, allowing the administrator a waiver from 
Section 526 in his discretion. I believe that it would allow 
the agency to continue developing technologies that utilize the 
resources that we have here in the United States. And we have 
talked about those, oil shale, sand tar, coal to liquid. And we 
can do it, and NASA is proving that it can be done in an 
environmentally-safe fashion so that we could reduce our 
dependence on foreign sources of energy and at the same time 
pay attention to our environment and make sure that we don't 
ignore that.
    I hope all my colleagues on the Committee support this 
important amendment. It serves as a compromise, I think, a fair 
compromise to allow for continued alternative fuel innovation 
by NASA and NASA only.
    And with that, Mr. Chairman, I will yield back my time.
    Chairman Gordon. The gentleman is recognized for 5 minutes 
to explain--excuse me--does the gentleman wish to be heard on 
this point of order?
    Mr. Baird. Mr. Chair, I do very briefly. I would just point 
out that the gentleman repeatedly talks about sand tars and oil 
shale and coal to liquid. I don't think to the best of my 
knowledge NASA is planning to launch a rocket fueled by any of 
the aforementioned, but if so, I will risk depriving them of 
that opportunity with this, and I do make the point of order 
that pursuant to Clause 7 of House Rule 16 the amendment is not 
germane to the underlying bill being amended.
    Mr. Hall. Mr. Chairman.
    Chairman Gordon. First I think, Mr. Hall, we need to 
recognize Dr. Gingrey to be heard on the point of order, and 
then he is welcome to yield to you.
    Mr. Gingrey. Mr. Chairman, thank you, and I will take just 
a little time and then yield to the Ranking Member.
    Again, the same argument that I made before, but this one 
in spades, I mean, we are talking about NASA now. We are not 
talking about the other agencies of the Federal Government. And 
it is NASA that is doing most of the research currently 
ongoing, sharing that research with Department of Defense as I 
stated in regard to how you can take these, this seed corn, if 
you will, the oil shale and coal to liquid, and turn them into 
fuel, and this is domestic fuel that we have right here in 
River City. And as I pointed out, up to three trillion gallons 
potentially of our own source of energy, that would be so much, 
much cheaper. Goodness gracious, $9 billion increased costs in 
2008, because of what we have to pay to these foreign sources 
of petroleum. You just think about the savings and what we 
could do with that in regard to healthcare, and I could go on 
and on.
    But I hope I made my point. I feel very strongly about 
this. I am surprised that point of order has been raised about 
germaneness, and I will yield to the distinguished Ranking 
Member the rest of my time.
    Mr. Hall. Mr. Chairman, I certainly agree with Dr. Gingrey, 
and as I mentioned in discussion with Dr. Gingrey's excellent 
first amendment, the section from last year's Energy Bill that 
is in question takes energy options off the Floor, off the 
table for Americans at a time when we really ought to be 
expanding those resources.
    The need to expand resources is certainly not a foreign 
concept to this Administration. It is not a Republican wish or 
a Democratic wish. It is an American wish and something we have 
to do. In fact, the very agency that we are discussing today, 
NASA, is currently engaged in ground-breaking research on many 
of the fuels that this ill-conceived section prohibits federal 
agencies from purchasing.
    And as I look at the amendment, and once again, for the 
good it will do, it shouldn't surprise any of us that an agency 
that has led the way to the future by leading a man to the moon 
and returning him safely to earth and which has just last week 
softly landed a probe on Mars to explore the red planet, would 
be, again, be leading the way to energy independence. This is 
an energy thrust, and this amendment is simple. It simply says 
administrator may. It doesn't say shall. Shall is not in this 
amendment anywhere. He may waive the provision, and it goes on 
to be more definite in his sole discretion.
    I just think it is a good amendment, and I hope that the 
Chairman will give us a good support in his wisdom and his 
great Tennessee background at the University School of Law down 
there to overrule, to support this motion.
    Chairman Gordon. I will give the Ranking Member 3 years of 
law school and several years of practicing law the ruling here. 
The Chair is prepared to rule.
    The gentleman's point of order is sustained. The amendment 
in question alters a government-wide procurement policy by 
examining one single agency affected by this procurement 
policy. Government-wide procurement policy is not within the 
jurisdiction of the Committee on Science and Technology, and 
the consequences of the amendment falls outside of the 
Committee's jurisdiction.
    Thus, the amendment is not germane, and point of order is 
sustained pursuant to Clause 7 of Rule 16. And once again, let 
me point out that this amendment was not received until 9:33 
last night when, like most of you, I had left the office, and I 
happened to be in bed with a sinus infection. Where you were is 
your own business.
    And I would also, again, state that Dr. Gingrey has the 
right and privilege of being able to go to the Rules Committee 
and for this to be heard on the Floor in the appropriate 
manner.
    Mr. Gingrey. Mr. Chairman.
    Chairman Gordon. Dr. Gingrey is recognized.
    Mr. Gingrey. I move to appeal the ruling of the Chair.
    Mr. Baird. Mr. Chair, I would move to lay the appeal of the 
ruling of the Chair on the table.
    Chairman Gordon. The question is on the gentleman's motion 
to lay the appeal of the ruling of the Chair on the table.
    All in favor, say aye. Opposed, no.
    The ayes appear to have it.
    Mr. Gingrey. Mr. Chairman, on that I would ask for a 
recorded vote.
    Chairman Gordon. The clerk will call the roll.
    The Clerk. Chairman Gordon.
    Chairman Gordon. Aye.
    The Clerk. Chairman Gordon votes aye. Mr. Costello.
    Mr. Costello. Aye.
    The Clerk. Mr. Costello votes aye. Ms. Johnson.
    [No response.]
    The Clerk. Ms. Woolsey.
    Ms. Woolsey. Aye.
    The Clerk. Ms. Woolsey votes aye. Mr. Udall.
    Mr. Udall. Aye.
    The Clerk. Mr. Udall votes aye. Mr. Wu.
    Mr. Wu. Aye.
    The Clerk. Mr. Wu votes aye. Mr. Baird.
    Mr. Baird. Aye.
    The Clerk. Mr. Baird votes aye. Mr. Miller.
    Mr. Miller. Aye.
    The Clerk. Mr. Miller votes aye. Mr. Lipinski.
    Mr. Lipinski. Aye.
    The Clerk. Mr. Lipinski votes aye. Mr. Lampson.
    Mr. Lampson. Aye.
    The Clerk. Mr. Lampson votes aye. Ms. Giffords.
    Ms. Giffords. Aye.
    The Clerk. Ms. Giffords votes aye. Mr. McNerney.
    Mr. McNerney. Aye.
    The Clerk. Mr. McNerney votes aye. Ms. Richardson.
    Ms. Richardson. Aye.
    The Clerk. Ms. Richardson votes aye. Mr. Kanjorski.
    Mr. Kanjorski. Aye.
    The Clerk. Mr. Kanjorski votes aye. Ms. Hooley.
    Ms. Hooley. Aye.
    The Clerk. Ms. Hooley votes aye. Mr. Rothman.
    [No response.]
    The Clerk. Mr. Matheson.
    Mr. Matheson. Aye.
    The Clerk. Mr. Matheson votes aye. Mr. Ross.
    Mr. Ross. Aye.
    The Clerk. Mr. Ross votes aye. Mr. Chandler.
    Mr. Chandler. Aye.
    The Clerk. Mr. Chandler votes aye. Mr. Carnahan.
    Mr. Carnahan. Aye.
    The Clerk. Mr. Carnahan votes aye. Mr. Melancon.
    Mr. Melancon. Aye.
    The Clerk. Mr. Melancon votes aye. Mr. Hill.
    Mr. Hill. Aye.
    The Clerk. Mr. Hill votes aye. Mr. Mitchell.
    Mr. Mitchell. Aye.
    The Clerk. Mr. Mitchell votes aye. Mr. Wilson.
    Mr. Wilson. Aye.
    The Clerk. Mr. Wilson votes aye. Mr. Hall.
    Mr. Hall. No.
    The Clerk. Mr. Hall votes no. Mr. Sensenbrenner.
    Mr. Sensenbrenner. No.
    The Clerk. Mr. Sensenbrenner votes no. Mr. Smith of Texas.
    Mr. Smith of Texas. No.
    The Clerk. Mr. Smith of Texas votes no. Mr. Rohrabacher.
    [No response.]
    The Clerk. Mr. Bartlett.
    Mr. Bartlett. No.
    The Clerk. Mr. Bartlett votes no. Mr. Ehlers.
    Mr. Ehlers. No.
    The Clerk. Mr. Ehlers votes no. Mr. Lucas.
    Mr. Lucas. No.
    The Clerk. Mr. Lucas votes no. Mrs. Biggert.
    Ms. Biggert. No.
    The Clerk. Mrs. Biggert votes no. Mr. Akin.
    Mr. Akin. No.
    The Clerk. Mr. Akin votes no. Mr. Feeney.
    Mr. Feeney. No.
    The Clerk. Mr. Feeney votes no. Mr. Neugebauer.
    Mr. Neugebauer. No.
    The Clerk. Mr. Neugebauer votes no. Mr. Inglis.
    [No response.]
    The Clerk. Mr. Reichert.
    Mr. Reichert. No.
    The Clerk. Mr. Reichert votes no. Mr. McCaul.
    Mr. McCaul. No.
    The Clerk. Mr. McCaul votes no. Mr. Diaz-Balart.
    Mr. Diaz-Balart. No.
    The Clerk. Mr. Diaz-Balart votes no. Mr. Gingrey.
    Mr. Gingrey. No.
    The Clerk. Mr. Gingrey votes no. Mr. Bilbray.
    [No response.]
    The Clerk. Mr. Smith of Nebraska.
    Mr. Smith of Nebraska. No.
    The Clerk. Mr. Smith of Nebraska votes no. Mr. Broun.
    [No response.]
    Chairman Gordon. Are there any members whose vote was not 
recorded?
    If not, the clerk will report the vote.
    The Clerk. Mr. Chairman, 22 members vote aye, and 15 
members vote no.
    Chairman Gordon. The amendment--the motion is carried.
    Are there other amendments?
    If no, then the vote is on the bill H.R. 6063 as amended. 
All those in favor will say aye. All those opposed will say no.
    In the opinion of the Chair the ayes have it.
    
    
    I recognize Mr. Hall to offer a motion.
    Mr. Hall. Mr. Chairman, I move the Committee favorably 
report H.R. 6063 as amended to the House for the recommendation 
that the bill as amended do pass. Furthermore, I move the staff 
be instructed to prepare the legislative report and make 
necessary technical and conforming changes and that the 
Chairman take all necessary steps to bring the bill before the 
House for consideration.
    I yield back.
    Chairman Gordon. The question is on the motion to report 
the bill favorably. Those in favor of the motion will signify 
by saying aye. Opposed, no. The ayes have it. The bill is 
favorably reported.
    Without objection, the motion to reconsider is laid upon 
the table. Members will have 2 subsequent calendar days in 
which to submit supplemental minority or additional views on 
the measure, ending Monday, June 9, at 9:00 a.m.
    I move pursuant to Clause 1 of Rule 22 of the Rules of the 
House of Representatives that the Committee authorize the 
Chairman to offer such motions as may be necessary in the House 
to adopt and pass H.R. 6063, the National Aeronautics and Space 
Administration Authorization Act of 2008, as amended.
    Without objection, so ordered.
    I thank everyone for their participation today, and the 
members, this now concludes the Committee markup.
    [Whereupon, at 10:52 a.m., the Committee was adjourned.]

                                  
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