An amendment numbered 1 printed in House Report 110-707 to include a provision related to coordination with the FAA on sonic boom research. It also replaces Secs. 305 and 306 with equivalent language from Secs. 903 and 905 respectively of the House-passed FAA Reauthorization, H.R. 2881. It adds suborbital reusable launch vehicles to the list of suborbital science research platforms. The amendment includes a sense of Congress on the value of NASA's EarthKam and robotics competitions for inspiring students. It also includes sense of Congress language urging NASA to use entrepreneurial companies to conduct appropriate R&D and seek ways to ensure that firms that rely on fixed price proposals aren't disadvantaged. The amendment also includes NASA workforce-related provisions, including an extension of the RIF moratorium, a limit on the use of term positions in FY 2009, and a temporary continuation of coverage of health benefits.

1. 1

   Change 1: Inserts new text at the end of section 303

   Inserts

   Inserted: (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.

   Inserted: Amend section 305 to read as follows:

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

   Inserted: (a) In General.--The Administrator of the Federal Aviation Administration, in coordination with NASA and the United States Climate Change Science Program, shall establish a research initiative to assess the impact of aviation on the climate and, if warranted, to evaluate approaches to mitigate that impact.

   Inserted: (b) Research Plan.--Not later than one year after the date of enactment of this Act, the participating Federal entities shall jointly develop a plan for the research program that contains the objectives, proposed tasks, milestones, and 5-year budgetary profile.

   Inserted: Amend section 306 to read as follows (and amend the table of contents accordingly):

   Inserted: SEC. 306. RESEARCH ON DESIGN FOR CERTIFICATION.

   Inserted: (a) Establishment of Program.--Not later than 6 months after the date of enactment of this Act, the Federal Aviation Administration, in consultation with other agencies as appropriate, shall establish a research program on methods to improve both confidence in and the timeliness of certification of new technologies for their introduction into the national airspace system.

   Inserted: (b) Research Plan.--Not later than 1 year after the date of enactment of this Act, as part of the activity described in subsection (a), the Federal Aviation Administration shall develop a plan for the research program that contains the objectives, proposed tasks, milestones, and five-year budgetary profile.

   Inserted: (c) Review.--The Administrator of the Federal Aviation Administration shall have the National Research Council conduct an independent review of the research program plan and provide the results of that review to the Committee on Science and Technology and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not later than 18 months after the date of enactment of this Act.

   Original wording

   In section 303, add at the end the following new subsection:

2. 2

   Change 2: Replaces “and high-altitude balloons,” at the section 504 with “high-altitude balloons, and suborbital reusable launch vehicles,”

   Replaces

   [struck: and high-altitude balloons,][inserted: high-altitude balloons, and suborbital reusable launch vehicles,]

   Original wording

   In section 504, strike “and high-altitude balloons,” and insert “high-altitude balloons, and suborbital reusable launch vehicles,”.

3. 3

   Change 3: Adds SEC. 703. SENSE OF CONGRESS at the end of title VII

   Adds a section

   Inserted: SEC. 703. SENSE OF CONGRESS.

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

   Original wording

   In title VII, add at the end the following new section (and amend the table of contents accordingly):

4. 4

   Change 4: Inserts “It is further the sense of Congress that United States entrepreneurial space companies ha…” after “provide those services.”

   InsertsSection 901

   …provide those services.[inserted: 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.]…

   Original wording

   In section 901, insert “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.” after “provide those services.”.

5. 5

   Change 5: Adds SEC. 1109. REDUCTION-IN-FORCE MORATORIUM at the end of title XI

   Adds a section

   Inserted: SEC. 1109. REDUCTION-IN-FORCE MORATORIUM.

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

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

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

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

   Inserted: (a) Section 8905a (d) of title 5, United States Code, is amended by adding at the end the following new paragraph:

   Inserted: "(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--

   Inserted: "(i) the individual shall be liable for not more than the employee contributions referred to in paragraph (1)(A)(i); and

   Inserted: "(ii) the National Aeronautics and Space Administration shall pay the remaining portion of the amount required under paragraph (1) (A).

   Inserted: "(B) This paragraph shall only apply with respect to individuals whose continued coverage is based on a separation occurring on or after the date of enactment of this paragraph and before December 31, 2010.

   Inserted: "(C) For purposes of this paragraph, "surplus position" means a position which is--

   Inserted: "(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

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   Inserted: "(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.".

   Inserted: (b) Paragraph (1)(A) of such subsection (d) is amended by striking "(4) and (5)" and inserting "(4), (5), and (6)".

   Original wording

   In title XI, add at the end the following new sections (and amend the table of contents accordingly):

Read automatically from the Congressional Record. Check the original before relying on it.

As printed