[United States Statutes at Large, Volume 122, 110th Congress, 2nd Session]
[From the U.S. Government Printing Office, www.gpo.gov]

122 STAT. 4779

Public Law 110-422
110th Congress

An Act


 
To authorize the programs of the National Aeronautics and Space
Administration, and for other purposes. [NOTE: Oct. 15, 2008 -  [H.R.
6063]

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, [NOTE: National
Aeronautics and Space Administration Authorization Act of 2008.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short [NOTE: 42 USC 17701 note.   Title.--This Act may be cited
as the ``National Aeronautics and Space Administration Authorization Act
of 2008''.

(b) Table of Contents.--The table of contents for this Act is as
follows:

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

TITLE I--AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2009

Sec. 101. Fiscal year 2009.

TITLE II--EARTH SCIENCE

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

TITLE III--AERONAUTICS

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

TITLE IV--EXPLORATION INITIATIVE

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

TITLE V--SPACE SCIENCE

Sec. 501. Technology development.

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122 STAT. 4780

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

TITLE VI--SPACE OPERATIONS

Subtitle A--International Space Station

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

Subtitle B--Space Shuttle

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

Subtitle C--Launch Services

Sec. 621. Launch services strategy.

TITLE VII--EDUCATION

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

TITLE VIII--NEAR-EARTH OBJECTS

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

TITLE IX--COMMERCIAL INITIATIVES

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

TITLE X--REVITALIZATION OF NASA INSTITUTIONAL CAPABILITIES

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

TITLE XI--OTHER PROVISIONS

Sec. 1101. Space weather.
Sec. 1102. Initiation of discussions on development of framework for
space traffic management.
Sec. 1103. Astronaut health care.
Sec. 1104. National Academies decadal surveys.
Sec. 1105. Innovation prizes.
Sec. 1106. Commercial space launch range study.
Sec. 1107. NASA outreach program.
Sec. 1108. Reduction-in-force moratorium.
Sec. 1109. Protection of scientific credibility, integrity, and
communication within NASA.

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122 STAT. 4781

Sec. 1110. Sense of Congress regarding the need for a robust workforce.
Sec. 1111. Methane inventory.
Sec. 1112. Exception to alternative fuel procurement requirement.
Sec. 1113. Sense of Congress on the importance of the NASA Office of
Program Analysis and Evaluation.
Sec. 1114. Sense of Congress on elevating the importance of space and
aeronautics within the Executive Office of the President.
Sec. 1115. Study on leasing practices of field centers.
Sec. 1116. Cooperative unmanned aerial vehicle activities.
Sec. 1117. Development of enhanced-use lease policy.
Sec. 1118. Sense of Congress with respect to the Michoud Assembly
Facility and NASA's other centers and facilities.
Sec. 1119. Report on U.S. industrial base for launch vehicle engines.
Sec. 1120. Sense of Congress on precursor International Space Station
research.
Sec. 1121. Limitation on funding for conferences.
Sec. 1122. Report on NASA efficiency and performance.

SEC. 2. [NOTE: 42 USC 17701.   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

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Vehicle and Ares I Crew Launch Vehicle to full operational
capability as soon as possible and to ensure the effective
development of a United States heavy lift launch capability for
missions beyond low Earth orbit.
(9) NASA's scientific research activities have contributed
much to the advancement of knowledge, provided societal
benefits, and helped train the next generation of scientists and
engineers, and those activities should continue to be an
important priority.
(10) NASA should make a sustained commitment to a robust
long-term technology development activity. Such investments
represent the critically important ``seed corn'' on which NASA's
ability to carry out challenging and productive missions in the
future will depend.
(11) NASA, through its pursuit of challenging and relevant
activities, can provide an important stimulus to the next
generation to pursue careers in science, technology,
engineering, and mathematics.
(12) Commercial activities have substantially contributed to
the strength of both the United States space program and the
national economy, and the development of a healthy and robust
United States commercial space sector should continue to be
encouraged.
(13) It is in the national interest for the United States to
have an export control policy that protects the national
security while also enabling the United States aerospace
industry to compete effectively in the global market place and
the United States to undertake cooperative programs in science
and human space flight in an effective and efficient manner.

SEC. 3. [NOTE: 42 USC 17702.   DEFINITIONS.

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

TITLE I--AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2009

SEC. 101. FISCAL YEAR 2009.

There are authorized to be appropriated to NASA for fiscal year 2009
$20,210,000,000, as follows:
(1) For Science, $4,932,200,000, of which--
(A) $1,518,000,000 shall be for Earth Science,
including $29,200,000 for suborbital activities and
$2,500,000 for carrying out section 313 of the National
Aeronautics and Space Administration Authorization Act
of 2005 (Public Law 109-155);
(B) $1,483,000,000 shall be for Planetary Science,
including $486,500,000 for the Mars Exploration program,
$2,000,000 to continue planetary radar operations at the

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122 STAT. 4783

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

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122 STAT. 4784

(7) For Inspector General, $35,500,000.

TITLE II--EARTH SCIENCE

SEC. 201. [NOTE: 42 USC 17711.   GOAL.

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

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

(a) Study.--The [NOTE: Consultation.   Director of OSTP shall
consult with NASA, NOAA, and other relevant agencies with an interest in
Earth observations and enter into an arrangement with the National
Academies for a study to determine the most appropriate governance
structure for United States Earth Observations programs in order to meet
evolving United States Earth information needs and facilitate United
States participation in global Earth Observations initiatives.

(b) Report.--The [NOTE: Plan.   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 [NOTE: Consultation. Deadline.   Administrator shall
consult with all agencies referenced in the survey as responsible for
spacecraft missions and prepare a plan for submission to Congress not
later than 270 days after the date of enactment of this Act that shall
describe how NASA intends to implement the missions recommended for NASA
to conduct as described in subsection (a), whether by means of dedicated
NASA missions, multi-agency missions, international cooperative
missions, data sharing, or commercial data buys, or by means of long-
term technology development to determine whether specific missions would
be executable at a reasonable cost and within a reasonable schedule.

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122 STAT. 4785

SEC. 204. [NOTE: 42 USC 17712.   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 [NOTE: Designation.   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 [NOTE: Deadline.   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. [NOTE: 42 USC 17713.   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

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122 STAT. 4786

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

SEC. 208. [NOTE: 42 USC 17714.   TORNADOES AND OTHER SEVERE STORMS.

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

TITLE III--AERONAUTICS

SEC. 301. SENSE OF CONGRESS.

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

SEC. 302. [NOTE: 42 USC 17721.   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.

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122 STAT. 4787

(2) Significant reductions in greenhouse gas emissions
compared to aircraft in commercial services as of the date of
enactment of this Act.

SEC. 303. [NOTE: 42 USC 17722.   RESEARCH ALIGNMENT.

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

SEC. 304. [NOTE: 42 USC 17723.   RESEARCH PROGRAM TO DETERMINE
PERCEIVED IMPACT OF SONIC BOOMS.

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

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

(a) Review.--The Administrator shall enter into an arrangement with
the National Research Council for an independent review of NASA's
aviation safety-related research programs. The review shall assess
whether--
(1) the programs have well-defined, prioritized, and
appropriate research objectives;
(2) the programs are properly coordinated with the safety
research programs of the Federal Aviation Administration and
other relevant Federal agencies;
(3) the programs have allocated appropriate resources to
each of the research objectives; and
(4) suitable mechanisms exist for transitioning the research
results from the programs into operational technologies and
procedures and certification activities in a timely manner.

(b) Report.--Not later than 18 months after the date of enactment of
this Act, the Administrator shall submit to the Committee on Science and
Technology of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report on the
results of the review required in subsection (a).

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122 STAT. 4788

SEC. 306. AVIATION WEATHER RESEARCH PLAN.

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

SEC. 307. [NOTE: 42 USC 17724.   FUNDING FOR RESEARCH AND DEVELOPMENT
ACTIVITIES IN SUPPORT OF OTHER MISSION DIRECTORATES.

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

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

Section 427(a) of the National Aeronautics and Space Administration
Authorization Act of 2005 [NOTE: 42 USC 16727.   (Public Law 109-155)
is amended by striking ``may'' and inserting ``shall''.

TITLE IV--EXPLORATION INITIATIVE

SEC. 401. SENSE OF CONGRESS.

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

SEC. 402. REAFFIRMATION OF EXPLORATION POLICY.

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

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122 STAT. 4789

(4) international participation and cooperation, as well as
commercial involvement in space exploration activities.

SEC. 403. [NOTE: 42 USC 17731.   STEPPING STONE APPROACH TO
EXPLORATION.

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

SEC. 404. [NOTE: 42 USC 17732.   LUNAR OUTPOST.

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

SEC. 405. [NOTE: 42 USC 17733.   EXPLORATION TECHNOLOGY DEVELOPMENT.

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

SEC. 406. EXPLORATION RISK MITIGATION PLAN.

(a) Plan.--The Administrator shall prepare a plan that identifies
and prioritizes the human and technical risks that will need to be
addressed in carrying out human exploration beyond low Earth orbit and
the research and development activities required to address those risks.
The plan shall address the role of the International Space Station in
exploration risk mitigation and

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122 STAT. 4790

include a detailed description of the specific steps being taken to
utilize the International Space Station for that purpose.
(b) Report.--The Administrator shall transmit to the Committee on
Science and Technology of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate the plan
described in subsection (a) not later than one year after the date of
enactment of this Act.

SEC. 407. [NOTE: 42 USC 17734.   EXPLORATION CREW RESCUE.

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

SEC. 408. PARTICIPATORY EXPLORATION.

(a) In General.--The [NOTE: Technology plan.   Administrator shall
develop a technology plan to enable dissemination of information to the
public to allow the public to experience missions to the Moon, Mars, or
other bodies within our solar system by leveraging advanced exploration
technologies. The plan shall identify opportunities to leverage
technologies in NASA's Constellation systems that deliver a rich, multi-
media experience to the public, and that facilitate participation by the
public, the private sector, nongovernmental organizations, and
international partners. Technologies for collecting high-definition
video, 3-dimensional images, and scientific data, along with the means
to rapidly deliver this content through extended high bandwidth
communications networks, shall be considered as part of this plan. It
shall include a review of high bandwidth radio and laser communications,
high-definition video, stereo imagery, 3-dimensional scene cameras, and
Internet routers in space, from orbit, and on the lunar surface. The
plan shall also consider secondary cargo capability for technology
validation and science mission opportunities. In addition, the plan
shall identify opportunities to develop and demonstrate these
technologies on the International Space Station and robotic missions to
the Moon, Mars, and other solar system bodies. As part of the technology
plan, the Administrator shall examine the feasibility of having NASA
enter into contracts and other agreements with appropriate public,
private sector, and international partners to broadcast electronically,
including via the Internet, images and multimedia records delivered from
its missions in space to the public, and shall identify issues
associated with such contracts and other agreements. In any such
contracts and other agreements, NASA shall adhere to a transparent
bidding process to award such contracts and other agreements, pursuant
to United States law. As part of this plan, the Administrator shall
include estimates of associated costs.

(b) Report.--Not later than 270 days after the date of enactment of
this Act, the Administrator shall submit the plan to the Committee on
Science and Technology of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate.

SEC. 409. SCIENCE AND EXPLORATION.

It is the sense of Congress that NASA's scientific and human
exploration activities are synergistic; science enables exploration and
human exploration enables science. The Congress encourages

[[Page 4791]]
122 STAT. 4791

the Administrator to coordinate, where practical, NASA's science and
exploration activities with the goal of maximizing the success of human
exploration initiatives and furthering our understanding of the Universe
that we explore.

SEC. 410. CONGRESSIONAL BUDGET OFFICE REPORT UPDATE.

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

TITLE V--SPACE SCIENCE

SEC. 501. [NOTE: 42 USC 17741.   TECHNOLOGY DEVELOPMENT.

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

SEC. 502. [NOTE: 42 USC 17742.   PROVISION FOR FUTURE SERVICING OF
OBSERVATORY-CLASS SCIENTIFIC SPACECRAFT.

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

SEC. 503. MARS EXPLORATION.

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

SEC. 504. IMPORTANCE OF A BALANCED SCIENCE PROGRAM.

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

SEC. 505. SUBORBITAL RESEARCH ACTIVITIES.

(a) Sense of Congress.--It is the sense of Congress that suborbital
flight activities, including the use of sounding rockets, aircraft, and
high-altitude balloons, and suborbital reusable launch vehicles, offer
valuable opportunities to advance science, train the

[[Page 4792]]
122 STAT. 4792

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

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

(a) Plan.--The Director of OSTP shall develop a plan for restarting
and sustaining the domestic production of radioisotope thermoelectric
generator material for deep space and other space science missions.

[[Page 4793]]
122 STAT. 4793

(b) Report.--The plan developed under subsection (a) shall be
transmitted to Congress not later than 270 days after the date of
enactment of this Act.

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

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

SEC. 508. ASSESSMENT OF COST GROWTH.

(a) Study.--The [NOTE: Recommenda- tions.   Administrator shall
enter into an arrangement for an independent external assessment to
identify the primary causes of cost growth in the large-, medium-, and
small-sized space and Earth science spacecraft mission classes, and make
recommendations as to what changes, if any, should be made to contain
costs and ensure frequent mission opportunities in NASA's science
spacecraft mission programs.

(b) Report.--The report of the assessment conducted under subsection
(a) shall be submitted to Congress not later than 15 months after the
date of enactment of this Act.

SEC. 509. OUTER PLANETS EXPLORATION.

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

TITLE VI--SPACE OPERATIONS

Subtitle A--International Space Station

SEC. 601. [NOTE: 42 USC 17751.   PLAN TO SUPPORT OPERATION AND
UTILIZATION OF THE ISS BEYOND FISCAL YEAR 2015.

(a) In General.--The Administrator shall take all necessary steps to
ensure that the International Space Station remains a

[[Page 4794]]
122 STAT. 4794

viable and productive facility capable of potential United States
utilization through at least 2020 and shall take no steps that would
preclude its continued operation and utilization by the United States
after 2015.
(b) Plan To Support Operations and Utilization of the International
Space Station Beyond Fiscal Year 2015.--
(1) In [NOTE: Deadline.   general.--Not later than 9 months
after the date of enactment of this Act, the Administrator shall
submit to the Committee on Science and Technology of the House
of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a plan to support the operations
and utilization of the International Space Station beyond fiscal
year 2015 for a period of not less than 5 years. The plan shall
be an update and expansion of the operation plan of the
International Space Station National Laboratory submitted to
Congress in May 2007 under section 507 of the National
Aeronautics and Space Administration Authorization Act of 2005
(42 U.S.C. 16767).
(2) Content.--
(A) Requirements to support operation and
utilization of the iss beyond fiscal year 2015.--As part
of the plan required in paragraph (1), the Administrator
shall provide each of the following:
(i) A list of critical hardware necessary to
support International Space Station operations
through the year 2020.
(ii) Specific known or anticipated maintenance
actions that would need to be performed to support
International Space Station operations and
research through the year 2020.
(iii) Annual upmass and downmass requirements,
including potential vehicles that will deliver
such upmass and downmass, to support the
International Space Station after the retirement
of the Space Shuttle and through the year 2020.
(B) ISS national laboratory research management
plan.--As part of the plan required in paragraph (1),
the Administrator shall develop a Research Management
Plan for the International Space Station. Such Plan
shall include a process for selecting and prioritizing
research activities (including fundamental, applied,
commercial, and other research) for flight on the
International Space Station. Such Plan shall be used to
prioritize resources such as crew time, racks and
equipment, and United States access to international
research facilities and equipment. Such Plan shall also
identify the organization to be responsible for managing
United States research on the International Space
Station, including a description of the relationship of
the management institution with NASA (e.g., internal
NASA office, contract, cooperative agreement, or grant),
the estimated length of time for the arrangement, and
the budget required to support the management
institution. Such Plan shall be developed in
consultation with other Federal agencies, academia,
industry, and other relevant stakeholders. The
Administrator may request the support of the National
Academy of Sciences or other appropriate

[[Page 4795]]
122 STAT. 4795

independent entity, including an external consultant, in
developing the Plan.
(C) Establishment of process for access to national
laboratory.--As part of the plan required in paragraph
(1), the Administrator shall--
(i) establish a process by which to support
International Space Station National Laboratory
users in identifying their requirements for
transportation of research supplies to and from
the International Space Station, and for
communicating those requirements to NASA and
International Space Station transportation
services providers; and
(ii) [NOTE: Plan.   develop an estimate of
the transportation requirements needed to support
users of the International Space Station National
Laboratory and develop a plan for satisfying those
requirements by dedicating a portion of volume on
NASA supply missions to the International Space
Station.
(D) Assessment of equipment to support research.--As
part of the plan required in paragraph (1), the
Administrator shall--
(i) provide a list of critical hardware that
is anticipated to be necessary to support
nonexploration-related and exploration-related
research through the year 2020;
(ii) identify existing research equipment and
racks and support equipment that are manifested
for flight; and
(iii) provide a detailed description of the
status of research equipment and facilities that
were completed or in development prior to being
cancelled, and provide the budget and milestones
for completing and preparing the equipment for
flight on the International Space Station.
(E) Budget plan.--As part of the plan required in
paragraph (1), the Administrator shall provide a budget
plan that reflects the anticipated use of such
activities and the projected amounts to be required for
fiscal years 2010 through 2020 to accomplish the
objectives of the activities described in subparagraphs
(A) through (D).

SEC. 602. [NOTE: 42 USC 17752.   INTERNATIONAL SPACE STATION NATIONAL
LABORATORY ADVISORY COMMITTEE.

(a) Establishment.--Not [NOTE: Deadline.   later than 1 year after
the date of enactment of this Act, the Administrator shall establish
under the Federal Advisory Committee Act a committee to be known as the
``International Space Station National Laboratory Advisory Committee''
(hereafter in this section referred to as the ``Committee'').

(b) Membership.--
(1) Composition.--The Committee shall be composed of
individuals representing organizations who have formal
agreements with NASA to utilize the United States portion of the
International Space Station, including allocations within
partner elements.

[[Page 4796]]
122 STAT. 4796

(2) Chair.--The [NOTE: Appointments.   Administrator shall
appoint a chair from among the members of the Committee, who
shall serve for a 2-year term.

(c) Duties of the Committee.--
(1) In general.--The [NOTE: Recommenda- tions.   Committee
shall monitor, assess, and make recommendations regarding
effective utilization of the International Space Station as a
national laboratory and platform for research.
(2) Annual report.--The Committee shall submit to the
Administrator, on an annual basis or more frequently as
considered necessary by a majority of the members of the
Committee, a report containing the assessments and
recommendations required by paragraph (1).

(d) Duration.--The Committee shall exist for the life of the
International Space Station.

SEC. 603. [NOTE: 42 USC 17753.   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 [NOTE: Deadline.   plan shall be delivered to
the Committee on Science and Technology of the House of Representatives
and the Committee on Commerce, Science, and Transportation of the Senate
not later than one year after the date of enactment of this Act.

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

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

Subtitle B--Space Shuttle

SEC. 611. SPACE SHUTTLE FLIGHT REQUIREMENTS.

(a) Report on U.S. Human Spaceflight Capabilities.--Section 501(c)
of the National Aeronautics and Space Administration Authorization Act
of 2005 (42 U.S.C. 16761(c)) is amended by striking the matter before
paragraph (1) and inserting the following: ``Not later than 90 days
after the date of enactment of the National Aeronautics and Space
Administration Authorization Act of 2008, the Administrator shall submit
to the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Science and Technology of the House of
Representatives a report

[[Page 4797]]
122 STAT. 4797

on the lack of a United States human space flight system to replace the
Space Shuttle upon its planned retirement, currently scheduled for 2010,
and the ability of the United States to uphold the policy described in
subsection (a), including a description of--''.
(b) Baseline Manifest.--In addition to the Space Shuttle flights
listed as part of the baseline flight manifest as of January 1, 2008,
the Utilization flights ULF-4 and ULF-5 shall be considered part of the
Space Shuttle baseline flight manifest and shall be flown prior to the
retirement of the Space Shuttle, currently scheduled for 2010.
(c) Additional Flight To Deliver the Alpha Magnetic Spectrometer and
Other Scientific Equipment and Payloads to the International Space
Station.--
(1) In general.--In addition to the flying of the baseline
manifest as described in subsection (b), the Administrator shall
take all necessary steps to fly one additional Space Shuttle
flight to deliver the Alpha Magnetic Spectrometer and other
scientific equipment and payloads to the International Space
Station prior to the retirement of the Space Shuttle. The
purpose of the mission required to be planned under this
subsection shall be to ensure the active use of the United
States portion of the International Space Station as a National
Laboratory by the delivery of the Alpha Magnetic Spectrometer,
and to the extent practicable, the delivery of flight-ready
research experiments prepared under the Memoranda of
Understanding between NASA and other entities to facilitate the
utilization of the International Space Station National
Laboratory, as well as other fundamental and applied life
sciences and other microgravity research experiments to the
International Space Station as soon as the assembly of the
International Space Station is completed.
(2) Flight schedule.--
If [NOTE: Deadline. President. Notification.   the
Administrator, within 12 months before the scheduled date of the
additional Space Shuttle flight authorized by paragraph (1),
determines that--
(A) NASA will be unable to meet that launch date
before the end of calendar year 2010, unless the
President decides to extend Shuttle operations beyond
2010, or
(B) implementation of the additional flight
requirement would, in and of itself, result in--
(i) significant increased costs to NASA over
the cost estimate of the additional flight as
determined by the Independent Program Assessment
Office, or
(ii) unacceptable safety risks associated with
making the flight before termination of the Space
Shuttle program,
the Administrator shall notify the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives
Committee on Science and Technology of the determination, and
provide a detailed explanation of the basis for that
determination. After [NOTE: Certification.   the notification
is provided to the Committees, the Administrator shall remove
the flight from the Space Shuttle schedule unless the Congress
by law reauthorizes the flight or the President certifies that
it is in the national interest to fly the mission.

(d) Termination or Suspension of Activities That Would Preclude
Continued Flight of Space Shuttle Prior To Review by the Incoming 2009
Presidential Administration.--

[[Page 4798]]
122 STAT. 4798

(1) In general.--The Administrator shall terminate or
suspend any activity of the Agency that, if continued between
the date of enactment of this Act and April 30, 2009, would
preclude the continued safe and effective flight of the Space
Shuttle after fiscal year 2010 if the President inaugurated on
January 20, 2009, were to make a determination to delay the
Space Shuttle's scheduled retirement.
(2) Report on impact of compliance.--Within 90 days after
the date of enactment of this Act, the Administrator shall
provide a report to the Congress describing the expected
budgetary and programmatic impacts from compliance with
paragraph (1). The report shall include--
(A) a summary of the actions taken to ensure the
option to continue space shuttle flights beyond the end
of fiscal year 2010 is not precluded before April 30,
2009;
(B) an estimate of additional costs incurred by each
specific action identified in the summary provided under
subparagraph (A);
(C) a description of the proposed plan for
allocating those costs among anticipated fiscal year
2009 appropriations or existing budget authority;
(D) a description of any programmatic impacts within
the Space Operations Mission Directorate that would
result from reallocations of funds to meet the
requirements of paragraph (1);
(E) a description of any additional authority needed
to enable compliance with the requirements of paragraph
(1); and
(F) a description of any potential disruption to the
timely progress of development milestones in the
preparation of infrastructure or work-force requirements
for shuttle follow-on launch systems.

(e) Report on Impacts of Space Shuttle Extension.--Within 120 days
after the date of enactment of this Act, the Administrator shall provide
a report to the Congress outlining options, impacts, and associated
costs of ensuring the safe and effective operation of the Space Shuttle
at the minimum rate necessary to support International Space Station
operations and resupply, including for both a near-term, 1-to-2 year
extension of Space Shuttle operations and for a longer term, 3-to-6 year
extension. The report shall include an assessment of--
(1) annual fixed and marginal costs, including
identification and cost impacts of options for cost-sharing with
the Constellation program and including the impact of those
cost-sharing options on the Constellation program;
(2) the safety of continuing the use of the Space Shuttle
beyond 2010, including a probability risk assessment of a
catastrophic accident before completion of the extended Space
Shuttle flight program, the underlying assumptions used in
calculating that probability, and comparing the associated
safety risks with those of other existing and planned human-
rated launch systems, including the Soyuz and Constellation
vehicles;
(3) a description of the activities and an estimate of the
associated costs that would be needed to maintain or improve
Space Shuttle safety throughout the periods described in the
first sentence of this subsection were the President inaugurated

[[Page 4799]]
122 STAT. 4799

on January 20, 2009, to extend Space Shuttle operations beyond
2010, the currently anticipated date of Space Shuttle
retirement;
(4) the impacts on facilities, workforce, and resources for
the Constellation program and on the cost and schedule of that
program;
(5) assumptions regarding workforce, skill mix, launch and
processing infrastructure, training, ground support, orbiter
maintenance and vehicle utilization, and other relevant factors,
as appropriate, used in deriving the cost and schedule estimates
for the options studied;
(6) the extent to which program management, processes, and
workforce and contractor assignments can be integrated and
streamlined for maximum efficiency to support continued shuttle
flights while transitioning to the Constellation program,
including identification of associated cost impacts on both the
Space Shuttle and the Constellation program;
(7) the impact of a Space Shuttle flight program extension
on the United States' dependence on Russia for International
Space Station crew rescue services; and
(8) the potential for enhancements of International Space
Station research, logistics, and maintenance capabilities
resulting from extended Shuttle flight operations and the costs
associated with implementing any such enhancements.

SEC. 612. UNITED STATES COMMERCIAL CARGO CAPABILITY STATUS.

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

SEC. 613. [NOTE: 42 USC 17761.   SPACE SHUTTLE TRANSITION.

(a) Disposition of Shuttle-Related Assets.--
(1) In general.--Not [NOTE: Deadline. Plan.   later than 90
days after the date of enactment of this Act, the Administrator
shall submit to Congress a plan describing the process for the
disposition of the remaining Space Shuttle Orbiters and other
Space Shuttle program-related hardware after the retirement of
the Space Shuttle fleet.
(2) Plan requirements.--The plan submitted under paragraph
(1) shall include a description of a process by which
educational institutions, science museums, and other appropriate
organizations may acquire, through loan or disposal by the
Federal Government, Space Shuttle program hardware.
(3) Prohibition on disposition before completion of plan.--
The Administrator shall not dispose of any Space Shuttle program
hardware before the plan required by paragraph (1) is submitted
to Congress.

(b) Space Shuttle Transition Liaison Office.--
(1) Establishment.--The [NOTE: Plan.   Administrator shall
develop a plan and establish a Space Shuttle Transition Liaison
Office within the Office of Human Capital Management of NASA to
assist local communities affected by the termination of the
Space Shuttle program in mitigating the negative impacts on such
communities caused by such termination. The plan shall

[[Page 4800]]
122 STAT. 4800

define the size of the affected local community that would
receive assistance described in paragraph (2).
(2) Manner of assistance.--In providing assistance under
paragraph (1), the office established under such paragraph
shall--
(A) offer nonfinancial, technical assistance to
communities described in such paragraph to assist in the
mitigation described in such paragraph; and
(B) serve as a clearinghouse to assist such
communities in identifying services available from other
Federal, State, and local agencies to assist in such
mitigation.
(3) Termination of office.--The office established under
paragraph (1) shall terminate 2 years after the completion of
the last Space Shuttle flight.
(4) Submission.--Not [NOTE: Deadline. Records.   later than
180 days after the date of enactment of this Act, NASA shall
provide a copy of the plan required by paragraph (1) to the
Congress.

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

(a) In General.--The Administrator shall, in consultation with other
Federal agencies, as appropriate--
(1) carry out an analysis of the facilities and human
capital resources that will become available as a result of the
retirement of the Space Shuttle program; and
(2) identify on-going or future Federal programs and
projects that could use such facilities and resources.

(b) Report.--Not later than 180 days after the date of enactment of
this Act, the Administrator shall submit to the Committee on Science and
Technology of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report--
(1) on the analysis required by paragraph (1) of subsection
(a), including the findings of the Administrator with respect to
such analysis; and
(2) describing the programs and projects identified under
paragraph (2) of such subsection.

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

(a) In General.--Section 8905a(d) of title 5, United States Code, is
amended by adding at the end the following new paragraph:
``(6)(A) If the basis for continued coverage under this
section is, as a result of the termination of the Space Shuttle
Program, an involuntary separation from a position due to a
reduction-in-force or declination of a directed reassignment or
transfer of function, or a voluntary separation from a surplus
position in the National Aeronautics and Space Administration--
``(i) the individual shall be liable for not more
than the employee contributions referred to in paragraph
(1)(A)(i); and
``(ii) the [NOTE: Payments.   National Aeronautics
and Space Administration shall pay the remaining portion
of the amount required under paragraph (1)(A).
``(B) This [NOTE: Applicability.   paragraph shall only
apply with respect to individuals whose continued coverage is
based on a separation occurring on or after the date of
enactment of this paragraph and before December 31, 2010.

[[Page 4801]]
122 STAT. 4801

``(C) For purposes of this paragraph, `surplus position'
means a position which is--
``(i) identified in pre-reduction-in-force planning
as no longer required, and which is expected to be
eliminated under formal reduction-in-force procedures as
a result of the termination of the Space Shuttle
Program; or
``(ii) encumbered by an employee who has received
official certification from the National Aeronautics and
Space Administration consistent with the
Administration's career transition assistance program
regulations that the position is being abolished as a
result of the termination of the Space Shuttle
Program.''.

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

SEC. 616. ACCOUNTING REPORT.

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

Subtitle C--Launch Services

SEC. 621. [NOTE: 42 USC 17771.   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

[[Page 4802]]
122 STAT. 4802

(4) a contingency plan in the event the recommended
alternatives described in paragraph (3) are not available when
needed.

TITLE VII--EDUCATION

SEC. 701. RESPONSE TO REVIEW.

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

SEC. 702. EXTERNAL REVIEW OF EXPLORER SCHOOLS PROGRAM.

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

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

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

SEC. 704. [NOTE: 42 USC 17781.   ENHANCEMENT OF EDUCATIONAL ROLE OF
NASA.

(a) Sense of Congress.--It is the sense of Congress that the
International Space Station offers a unique opportunity for Federal
agencies to engage students in science, technology, engineering, and
mathematics education. Congress encourages NASA to include other Federal
agencies in its planning efforts to use the International Space Station
National Laboratory for science, technology, engineering, and
mathematics educational activities.
(b) Experimental Program to Stimulate Competitive Research.--In
order to ensure that research expertise and talent throughout the Nation
is developed and engaged in NASA research and education activities, NASA
shall, as part of its annual budget submission, detail additional steps
that can be taken to further

[[Page 4803]]
122 STAT. 4803

integrate the participating EPSCoR States in both existing and new or
emerging NASA research programs and center activities.
(c) National Space Grant College and Fellowship Program.--NASA shall
continue its emphasis on the importance of education to expand
opportunities for Americans to understand and participate in NASA's
aeronautics and space projects by supporting and enhancing science and
engineering education, research, and public outreach efforts.

TITLE VIII--NEAR-EARTH OBJECTS

SEC. 801. [NOTE: 42 USC 17791.   REAFFIRMATION OF POLICY.

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

SEC. 802. [NOTE: 42 USC 17792.   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. [NOTE: 42 USC 17793.   REQUESTS FOR INFORMATION.

The Administrator shall issue requests for information on--

[[Page 4804]]
122 STAT. 4804

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

SEC. 804. [NOTE: 42 USC 17794.   ESTABLISHMENT OF POLICY WITH RESPECT
TO THREATS POSED BY NEAR-EARTH OBJECTS.

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

SEC. 805. [NOTE: 42 USC 17795.   PLANETARY RADAR CAPABILITY.

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

SEC. 806. ARECIBO OBSERVATORY.

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

SEC. 807. INTERNATIONAL RESOURCES.

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

TITLE IX--COMMERCIAL INITIATIVES

SEC. 901. SENSE OF CONGRESS.

It is the sense of Congress that a healthy and robust commercial
sector can make significant contributions to the successful conduct of
NASA's space exploration program. While some activities are inherently
governmental in nature, there are many other activities, such as routine
supply of water, fuel, and other consumables to low Earth orbit or to
destinations beyond low Earth orbit, and provision of power or
communications services to lunar outposts, that potentially could be
carried out effectively and efficiently by

[[Page 4805]]
122 STAT. 4805

the commercial sector at some point in the future. Congress encourages
NASA to look for such service opportunities and, to the maximum extent
practicable, make use of the commercial sector to provide those
services. It is further the sense of Congress that United States
entrepreneurial space companies have the potential to develop and
deliver innovative technology solutions at affordable costs. NASA is
encouraged to use United States entrepreneurial space companies to
conduct appropriate research and development activities. NASA is further
encouraged to seek ways to ensure that firms that rely on fixed-price
proposals are not disadvantaged when NASA seeks to procure technology
development.

SEC. 902. [NOTE: 42 USC 17801.   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) [NOTE: Notice. Deadline. Contracts.   issue a notice of
intent, not later than 180 days after the date of enactment of
this Act, to enter into a funded, competitively awarded Space
Act Agreement with 2 or more commercial entities for a Phase 1
Commercial Orbital Transportation Services crewed vehicle
demonstration program.

(b) Congressional Intent.--It is the intent of Congress that funding
for the program described in subsection (a)(4) shall not come at the
expense of full funding of the amounts authorized under section
101(3)(A), and for future fiscal years, for Orion Crew Exploration
Vehicle development, Ares I Crew Launch Vehicle development, or
International Space Station cargo delivery.
(c) Additional Technologies.--NASA shall make International Space
Station-compatible docking adaptors and other relevant technologies
available to the commercial crew providers selected to service the
International Space Station.
(d) Crew Transfer and Crew Rescue Services Contract.--If a
commercial provider demonstrates the capability to provide International
Space Station crew transfer and crew rescue services and to satisfy NASA
ascent, entry, and International Space Station proximity operations
safety requirements, NASA shall enter into an International Space
Station crew transfer and crew rescue services contract with that
commercial provider for a portion of NASA's anticipated International
Space Station crew transfer and crew

[[Page 4806]]
122 STAT. 4806

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. [NOTE: 42 USC 17811.   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 [NOTE: Strategy. Budget plan.   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.

[[Page 4807]]
122 STAT. 4807

SEC. 1003. [NOTE: 42 USC 17812.   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 [NOTE: Deadline.   results of the review shall be provided to the
Committee on Science and Technology of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate not
later than 18 months after the date of enactment of this Act.

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

(a) Study.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall complete a study
of all field centers of NASA, including the Michoud Assembly
Facility.
(2) Matters studied.--The study required by paragraph (1)
shall include the mission and future roles and responsibilities
of the field centers, including the Michoud Assembly Facility,
described in paragraph (1).

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

TITLE XI--OTHER PROVISIONS

SEC. 1101. SPACE WEATHER.

(a) Plan for Replacement of Advanced Composition Explorer at L-1
Lagrangian Point.--
(1) Plan.--The Director of OSTP shall develop a plan for
sustaining space-based measurements of solar wind from the L-1
Lagrangian point in space and for the dissemination of the data
for operational purposes. OSTP [NOTE: Consultation.   shall
consult with

[[Page 4808]]
122 STAT. 4808

NASA, NOAA, and other Federal agencies, and with industry, in
developing the plan.
(2) Report.--The Director shall transmit the plan to
Congress not later than 1 year after the date of enactment of
this Act.

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

SEC. 1102. [NOTE: 42 USC 17821.   INITIATION OF DISCUSSIONS ON
DEVELOPMENT OF FRAMEWORK FOR SPACE TRAFFIC MANAGEMENT.

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

SEC. 1103. [NOTE: 42 USC 17822.   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 [NOTE: Deadlines.   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.

[[Page 4809]]
122 STAT. 4809

SEC. 1104. [NOTE: 42 USC 17823.   NATIONAL ACADEMIES DECADAL SURVEYS.

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

SEC. 1105. INNOVATION PRIZES.

(a) In [NOTE: 42 USC 2459f-1 note.   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 [NOTE: 42 USC 2459f-1.   is amended--
(1) by amending subsection (b) to read as follows:

``(b) Topics.--In [NOTE: Consultation.   selecting topics for prize
competitions, the Administrator shall consult widely both within and
outside the Federal Government, and may empanel advisory committees. The
Administrator shall give consideration to prize goals such as the
demonstration of the ability to provide energy to the lunar surface from
space-based solar power systems, demonstration of innovative near-Earth
object survey and deflection strategies, and innovative approaches to
improving the safety and efficiency of aviation systems.''; and
(2) in subsection (i)(4) by striking ``$10,000,000'' and
inserting ``$50,000,000''.

SEC. 1106. COMMERCIAL SPACE LAUNCH RANGE STUDY.

(a) Study by Interagency Committee.--
The [NOTE: Establishment.   Director of OSTP shall work with other
appropriate Federal agencies to establish an interagency committee to
conduct a study to--
(1) identify the issues and challenges associated with
establishing space launch ranges and facilities that are fully
dedicated to commercial space missions in close proximity to
Federal launch ranges or other Federal facilities; and
(2) develop a coordinating mechanism such that States
seeking to establish such commercial space launch ranges will be
able to effectively and efficiently interface with the Federal
Government concerning issues related to the establishment of
such commercial launch ranges in close proximity to Federal
launch ranges or other Federal facilities.

(b) Report.--The Director shall, not later than May 31, 2010, submit
to the Committee on Science and Technology of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the results of the study
conducted under subsection (a).

[[Page 4810]]
122 STAT. 4810

SEC. 1107. [NOTE: 42 USC 17824.   NASA OUTREACH PROGRAM.

(a) Establishment.--NASA shall competitively select an organization
to partner with NASA centers, aerospace contractors, and academic
institutions to carry out a program to help promote the competitiveness
of small, minority-owned, and women-owned businesses in communities
across the United States through enhanced insight into the technologies
of NASA's space and aeronautics programs. The program shall support the
mission of NASA's Innovative Partnerships Program with its emphasis on
joint partnerships with industry, academia, government agencies, and
national laboratories.
(b) Program Structure.--In carrying out the program described in
subsection (a), the organization shall support the mission of NASA's
Innovative Partnerships Program by undertaking the following activities:
(1) Facilitating the enhanced insight of the private sector
into NASA's technologies in order to increase the
competitiveness of the private sector in producing viable
commercial products.
(2) Creating a network of academic institutions, aerospace
contractors, and NASA centers that will commit to donating
appropriate technical assistance to small businesses, giving
preference to socially and economically disadvantaged small
business concerns, small business concerns owned and controlled
by service-disabled veterans, and HUBZone small business
concerns. This paragraph shall not apply to any contracting
actions entered into or taken by NASA.
(3) Creating a network of economic development organizations
to increase the awareness and enhance the effectiveness of the
program nationwide.

(c) Report.--Not later than 1 year after the date of enactment of
this Act, and annually thereafter, the Administrator shall submit a
report to the Committee on Science and Technology of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate describing the efforts and accomplishments
of the program established under subsection (a) in support of NASA's
Innovative Partnerships Program. As part of the report, the
Administrator shall provide--
(1) data on the number of small businesses receiving
assistance, jobs created and retained, and volunteer hours
donated by NASA, contractors, and academic institutions
nationwide;
(2) an estimate of the total dollar value of the economic
impact made by small businesses that received technical
assistance through the program; and
(3) an accounting of the use of funds appropriated for the
program.

SEC. 1108. REDUCTION-IN-FORCE MORATORIUM.

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

[[Page 4811]]
122 STAT. 4811

SEC. 1109. [NOTE: 42 USC 17825.   PROTECTION OF SCIENTIFIC CREDIBILITY,
INTEGRITY, AND COMMUNICATION WITHIN NASA.

(a) Sense of the Congress.--It is the sense of Congress that NASA
should not dilute, distort, suppress, or impede scientific research or
the dissemination thereof.
(b) Study.--Within [NOTE: Deadlines.   60 days after the date of
enactment of this Act, the Comptroller General shall--
(1) initiate a study to be completed within 270 days to
determine whether the regulations set forth in part 1213 of
title 14, Code of Federal Regulations, are being implemented in
a clear and consistent manner by NASA to ensure the
dissemination of research; and
(2) [NOTE: Reports.   transmit a report to the Congress
setting forth the Comptroller General's findings, conclusions,
and recommendations.

(c) Research.--The Administrator shall work to ensure that NASA's
policies on the sharing of climate related data respond to the
recommendations of the Government Accountability Office's report on
climate change research and data-sharing policies and to the
recommendations on the processing, distribution, and archiving of data
by the National Academies Earth Science Decadal Survey, ``Earth Science
and Applications from Space'', and other relevant National Academies
reports, to enhance and facilitate their availability and widest
possible use to ensure public access to accurate and current data on
global warming.

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

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

SEC. 1111. [NOTE: 42 USC 17826.   METHANE INVENTORY.

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

SEC. 1112. [NOTE: 42 USC 17827.   EXCEPTION TO ALTERNATIVE FUEL
PROCUREMENT REQUIREMENT.

Section 526(a) of the Energy Independence and Security Act of 2007
(42 U.S.C. 17142(a)) does not prohibit NASA from entering into a
contract to purchase a generally available fuel that is not an
alternative or synthetic fuel or predominantly produced from a
nonconventional petroleum source, if--

[[Page 4812]]
122 STAT. 4812

(1) the contract does not specifically require the
contractor to provide an alternative or synthetic fuel or fuel
from a nonconventional petroleum source;
(2) the purpose of the contract is not to obtain an
alternative or synthetic fuel or fuel from a nonconventional
petroleum source; and
(3) the contract does not provide incentives for a refinery
upgrade or expansion to allow a refinery to use or increase its
use of fuel from a nonconventional petroleum source.

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

(a) Office of Program Analysis and Evaluation.--It is the sense of
Congress that it is important for NASA to maintain an Office of Program
Analysis and Evaluation that has as its mission:
(1) To develop strategic plans for NASA in accordance with
section 306 of title 5, United States Code.
(2) To develop annual performance plans for NASA in
accordance with section 1115 of title 31, United States Code.
(3) To provide analysis and recommendations to the
Administrator on matters relating to the planning and
programming phases of the Planning, Programming, Budgeting, and
Execution system of NASA.
(4) To provide analysis and recommendations to the
Administrator on matters relating to acquisition management and
program oversight, including cost-estimating processes,
contractor cost reporting processes, and contract performance
assessments.

(b) Objectives.--It is further the sense of Congress that in
performing those functions, the objectives of the Office should be the
following:
(1) To align NASA's mission, strategic plan, budget, and
performance plan with strategic goals and institutional
requirements of NASA.
(2) To provide objective analysis of programs and
institutions of NASA--
(A) to generate investment options for NASA; and
(B) to inform strategic decision making in NASA.
(3) To enable cost-effective, strategically aligned
execution of programs and projects by NASA.
(4) To perform independent cost estimation in support of
NASA decision making and establishment of standards for agency
cost analysis.
(5) To ensure that budget formulation and execution are
consistent with strategic investment decisions of NASA.
(6) To provide independent program and project reviews that
address the credibility of technical, cost, schedule, risk, and
management approaches with respect to available resources.
(7) To facilitate progress by NASA toward meeting the
commitments of NASA.

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

It is the sense of Congress that the President should elevate the
importance of space and aeronautics within the Executive Office of the
President by organizing the interagency focus on space and

[[Page 4813]]
122 STAT. 4813

aeronautics matters in as effective a manner as possible, such as by
means of the National Space Council authorized by section 501 of the
National Aeronautics and Space Administration Authorization Act, Fiscal
Year 1989 (42 U.S.C. 2471) or other appropriate mechanisms.

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

(a) Study.--Not [NOTE: Deadline.   later than 180 days after the
date of enactment of this Act, the Administrator shall complete a study
on the leasing practices of all field centers of NASA, including the
Michoud Assembly Facility. Such study shall include the following:
(1) The method by which overhead maintenance expenses are
distributed among tenants of such field centers.
(2) Identification of the impacts of such method on
attracting businesses and partnerships to such field centers.
(3) Identification of the steps that can be taken to
mitigate any adverse impacts identified under paragraph (2).

(b) Report.--Not later than 180 days after the date of enactment of
this Act, the Administrator shall submit to the Committee on Science and
Technology of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report on the
study required by subsection (a), including the following:
(1) The findings of the Administrator with respect to such
study.
(2) A description of the impacts identified under subsection
(a)(2).
(3) The steps identified under subsection (a)(3).

SEC. 1116. [NOTE: 42 USC 17828.   COOPERATIVE UNMANNED AERIAL VEHICLE
ACTIVITIES.

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

SEC. 1117. [NOTE: 42 USC 17829.   DEVELOPMENT OF ENHANCED-USE LEASE
POLICY.

(a) In General.--The Administrator shall develop an agency-wide
enhanced-use lease policy that--
(1) is based upon sound business practices and lessons
learned from the demonstration centers; and
(2) establishes controls and procedures to ensure
accountability and protect the interests of the Government.

(b) Contents.--The policy required by subsection (a) shall include
the following:
(1) Criteria for determining whether enhanced-use lease
provides better economic value to the Government than other
options, such as--
(A) Federal financing through appropriations; or
(B) sale of the property.
(2) Requirement for the identification of proposed physical
and procedural changes needed to ensure security and restrict
access to specified areas, coordination of proposed changes with

[[Page 4814]]
122 STAT. 4814

existing site tenants, and development of estimated costs of
such changes.
(3) Measures of effectiveness for the enhanced-use lease
program.
(4) Accounting controls and procedures to ensure
accountability, such as an audit trail and documentation to
readily support financial transactions.

(c) Annual Report.--Section 315(f) of the National Aeronautics and
Space Administration Act of 1958 (42 U.S.C. 2459j(f)) is amended to read
as follows:
``(f) Reporting Requirements.--The Administrator shall submit an
annual report by January 31st of each year. Such report shall include
the following:
``(1) Information that identifies and quantifies the value
of the arrangements and expenditures of revenues received under
this section.
``(2) The availability and use of funds received under this
section for the Agency's operating plan.''.

(d) Distribution of Cash Consideration Received.--
(1) In general.--Section 315(b)(3)(B) of such Act (42 U.S.C.
2459j(b)(3)(B)) is amended to read as follows:
``(B) Of any amounts of cash consideration received
under this subsection that are not utilized in
accordance with subparagraph (A)--
``(i) 35 percent shall be deposited in a
capital asset account to be established by the
Administrator, shall be available for maintenance,
capital revitalization, and improvements of the
real property assets and related personal property
under the jurisdiction of the Administrator, and
shall remain available until expended; and
``(ii) the remaining 65 percent shall be
available to the respective center or facility of
the Administration engaged in the lease of
nonexcess real property, and shall remain
available until expended for maintenance, capital
revitalization, and improvements of the real
property assets and related personal property at
the respective center or facility subject to the
concurrence of the Administrator.''.
(2) Conforming amendments.--Section 533 of the Consolidated
Appropriations Act, 2008 (Pub1ic Law 110-161; 121 Stat. 1931)
is [NOTE: 42 USC 2459j.   amended--
(A) by amending subsection (b)(4) to read as
follows:
``(4) in paragraph (2), as redesignated by paragraph (3) of
this subsection, by adding at the end the following new
subparagraph:
`` `(C) Amounts utilized under subparagraph (B) may not be
utilized for daily operating costs.'.''; and
(B) in subsection (d)--
(i) by striking ``the following new subsection
(f)'' and inserting ``the following new
subsection''; and
(ii) in the quoted matter, by redesignating
subsection (f) as subsection (g).

[[Page 4815]]
122 STAT. 4815

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

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

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

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

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

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

SEC. 1121. LIMITATION ON FUNDING FOR CONFERENCES.

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

[[Page 4816]]
122 STAT. 4816

(B) the cost of any audio-visual services; and
(C) a discussion of the methodology used to
determine which costs relate to the conference; and
D) cost of any room, board, travel, and per diem
expenses; and
(3) a description of the contracting procedures relating to
the conference, including--
(A) whether contracts were awarded on a competitive
basis for that conference; and
(B) a discussion of any cost comparison conducted by
NASA in evaluating potential contractors for that
conference.

SEC. 1122. REPORT ON NASA EFFICIENCY AND PERFORMANCE.

(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General of the United States shall submit
to Congress a report that contains a review of NASA programs and
associated activities with an annual funding level of more than
$50,000,000 that appear to be similar in scope and purpose to other
activities within the Federal government, that includes--
(1) a brief description of each NASA program reviewed and
its subordinate activities;
(2) the annual and cumulative appropriation amounts expended
for each program reviewed and its subordinate activities since
fiscal year 2005;
(3) a brief description of each Federal program and its
subordinate activities that appears to have a similar scope and
purpose to a NASA program; and
(4) a review of the formal and informal processes by which
NASA coordinates with other Federal agencies to ensure that its
programs and activities are not duplicative of similar efforts
within the Federal government and that the programs and
activities meet the core mission of NASA, and the degree of
transparency and accountability afforded by those processes.

(b) Duplicative Programs.--If the Comptroller General determines,
under subsection (a)(4), that any deficiency exists in the NASA
procedures intended to avoid or eliminate conflict or duplication with
other Federal agency activities, the Comptroller General shall include a
recommendation as to how such procedures should be modified to ensure
similar programs and associated activities

[[Page 4817]]
122 STAT. 4817

can be consolidated, eliminated, or streamlined within NASA or within
other Federal agencies to improve efficiency.

Approved October 15, 2008.

LEGISLATIVE HISTORY--H.R. 6063 (S. 3270):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 110-702 (Comm. on Science and Technology).
SENATE REPORTS: No. 110-422 accompanying S. 3270 (Comm. on Commerce,
Science, and Transportation).
CONGRESSIONAL RECORD, Vol. 154 (2008):
June 12, 18, considered and passed House.
Sept. 25, considered and passed Senate, amended.
Sept. 27, House concurred in Senate amendment.