National Aeronautics and Space Administration Authorization Act of 2008

        [Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[S. 3270 Placed on Calendar Senate (PCS)]

Calendar No. 884
110th CONGRESS
2d Session
S. 3270

[Report No. 110-422]

To reauthorize the National Aeronautics and Space Administration, and
for other purposes.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

July 16, 2008

Mr. Inouye, from the Committee on Commerce, Science, and
Transportation, reported the following original bill; which was read
twice and placed on the calendar

_______________________________________________________________________

A BILL

To reauthorize the National Aeronautics and Space Administration, and
for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Authorization of appropriations.
Sec. 4. Reaffirmation of space policy.
Sec. 5. Uninterrupted United States human spaceflight capability.
Sec. 6. Space shuttle transition.
Sec. 7. Aerospace skills retention and investment reutilization report.
Sec. 8. Plan to support operations of the International Space Station
beyond fiscal year 2015.
Sec. 9. International Space Station National Laboratory.
Sec. 10. International Space Station science mission.
Sec. 11. Sense of Congress on use of Space Life Sciences Laboratory at
Kennedy Space Center.
Sec. 12. Science policy.
Sec. 13. Aeronautics.
Sec. 14. Development of enhanced-use lease policy.
Sec. 15. Study on leasing practices of field centers.
Sec. 16. Study and report on project assignment and work allocation of
field centers.
Sec. 17. Interagency study of commercial space range options.
Sec. 18. Sense of Congress on reestablishment of National Space Council
in Executive Office of the President.
Sec. 19. Review of suborbital mission capabilities.
Sec. 20. Initiation of discussions on development of framework for
space traffic management.
Sec. 21. Study on export control policies related to civil and
commercial space activities.
Sec. 22. Near-Earth objects.
Sec. 23. Enhancement of educational role of National Aeronautics and
Space Administration.
Sec. 24. Establishment of Office of Program Analysis and Evaluation.
Sec. 25. Methane inventory.
Sec. 26. Reduction-in-force moratorium.
Sec. 27. Limit on the use of term positions.
Sec. 28. Protection of scientific credibility, integrity, and
communication within the National
Aeronautics and Space Administration.

SEC. 2. DEFINITIONS.

In this Act:
(1) Agency.--The term ``Agency'' means the National
Aeronautics and Space Administration.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the National Aeronautics and Space
Administration.
(3) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Commerce, Science, and
Transportation of the Senate; and
(B) the Committee on Science and Technology of the
House of Representatives.

SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

(a) Baseline Authorization.--There is authorized to be appropriated
to the National Aeronautics and Space Administration $19,210,000,000
for fiscal year 2009 as follows:
(1) For science, $4,932,200,000, of which--
(A) $1,518,000,000 shall be for earth science;
(B) $1,483,000,000 shall be for planetary science;
(C) $1,290,400,000 shall be for astrophysics; and
(D) $640,800,000 shall be for heliophysics.
(2) For aeronautics, $853,400,000.
(3) For exploration, $3,886,000,000.
(4) For education, $128,300,000.
(5) For space operations, $6,074,700,000.
(6) For cross-agency support programs, $3,299,900,000.
(7) For the Inspector General of the National Aeronautics
and Space Administration, $35,500,000.
(b) Additional Authorization to Address Human Space Flight Gap.--
(1) In general.--In addition to the sums authorized by
subsection (a), there is authorized to be appropriated to
accelerate the initial operational capability of a United
States owned human spacecraft capability, including the Orion
Crew Exploration Vehicle, the Ares I Crew Launch Vehicle, or
other combination of crew and launch vehicle from a United
States launch provider, and associated ground support systems,
$1,000,000,000 for fiscal year 2009. Funds authorized by this
paragraph shall be expended in a manner which ensures that
there will be no delay in the development schedule of the Ares
1 Crew Launch Vehicle and Orion Crew Exploration Vehicle, and
no infringement on their primary mission within the mission
architecture defined to implement the Vision for Space
Exploration.
(2) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under paragraph (1) shall
remain available until expended.

SEC. 4. REAFFIRMATION OF SPACE 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 the important national imperative of
independent access to space;
(2) the utilization of lunar exploration, including the
development of habitation capabilities, life support, mobility
systems, and in situ resource extraction, processing, and
utilization for future expansion beyond the lunar environment;
(3) activity related to Mars exploration, particularly for
the development and testing of technologies and mission
concepts needed for eventual consideration of optional mission
architectures, pursuant to future authority to proceed with the
consideration and implementation of such architectures; and
(4) international participation and cooperation, as well as
commercial involvement in space exploration activities.

SEC. 5. UNINTERRUPTED UNITED STATES HUMAN SPACEFLIGHT CAPABILITY.

(a) Enhanced Report on Space Shuttle Follow-on.--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 the enactment of the National Aeronautics and Space
Administration Authorization Act of 2008, the Administrator shall
submit to the appropriate congressional committees a report on the lack
of a United States human space flight system to replace the Space
Shuttle Orbiter and the ability of the United States to uphold the
policy described in subsection (a), including a description of--''.
(b) Limitation on Retirement of Space Shuttle Orbiter.--Except as
provided in subsection (c), the Administrator may not retire the Space
Shuttle Orbiter earlier than the later of--
(1) the date of completion of the mission manifest planned
as of the date of the enactment of this Act (including any
modification of such manifest pursuant to this Act or an
amendment made by this Act or any subsequent Act); or
(2) September 30, 2010.
(c) Report on Recertification of Space Shuttle Orbiter.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Administrator shall submit to
the Committee on Commerce, Science, and Transportation and the
Committee on Appropriations of the Senate and the Committee on
Science and Technology and the Committee on Appropriations of
the House of Representatives a report containing a detailed
description of the steps, and associated costs and schedule for
completing those steps, necessary to recertify the continued
flight-worthiness of the Space Shuttle Orbiter and associated
flight and launch systems to continue space shuttle flight
operations from fiscal year 2011 through fiscal year 2015.
(2) Justification.--The report required by paragraph (1)
shall include justification for any steps identified in such
report as necessary that are in addition to normal Space
Shuttle Orbiter maintenance, upgrades, and flight readiness
reviews.
(d) Termination or Suspension of Activities That Would Preclude
Continued Flight of Space Shuttle.--
(1) In general.--The Administrator shall terminate or
suspend any activity of the Agency that, if continued, would
preclude the continued safe and effective flight of the Space
Shuttle Orbiter after fiscal year 2010.
(2) Authorization of appropriations.--
(A) In general.--There is authorized to be
appropriated to the Administrator such sums as may be
necessary to carry out the requirements of paragraph
(1).
(B) Supplement not supplant.--The amount authorized
to be appropriated by subparagraph (A) for the purpose
described in that subparagraph is in addition to
amounts authorized by section 3(a)(5).
(C) No delay nor infringement.--Actions required to
be taken by paragraph (d)(1) of this section shall be
taken in a manner which ensures that there will be no
delay in the development schedule of the Ares 1 Crew
Launch Vehicle and Orion Crew Exploration Vehicle, and
no infringement on their primary mission within the
mission architecture defined to implement the Vision
for Exploration.
(e) Commercial Orbital Transportation Service.--
(1) Sense of congress.--It is the sense of Congress that--
(A) a healthy and robust commercial space sector
can make significant contributions to the successful
conduct of the space exploration program of the Agency;
(B) while some activities are inherently
governmental in nature, there are many other
activities, such as routine supply of water, fuel, and
other consumables to low Earth orbit or to destinations
beyond low Earth orbit and provision of power or
communications services to lunar outposts, that
potentially could be carried out effectively and
efficiently by the commercial space sector at some
point in the future; and
(C) the Administrator should look for such service
opportunities and, to the maximum extent practicable,
make use of the commercial space sector to provide
those services.
(2) Acceleration of capabilities.--
(A) In general.--The Administrator shall determine
the degree to which an increase in the amounts
authorized to be appropriated under section 3(a)(5) 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 operations capability as
close to 2010 as possible.
(B) Authorization of appropriations.--
(i) In general.--There are authorized to be
appropriated to the Administrator to carry out
the accelerated development described in
subparagraph (A) such sums as may be necessary
for such purpose, for fiscal year 2009.
(ii) Supplement not supplant.--The amount
authorized to be appropriated by clause (i) for
the purpose described in that clause is in
addition to amounts authorized by section
3(a)(5).
(3) Commercial crew capability.--
(A) Establishment of competition.--The
Administrator shall establish a competition for
completion of the Commercial Orbital Transportation
Services crewed vehicle demonstration project by
September 30, 2011, or as soon thereafter as is
practicable.
(B) Eligibility for participation in competition.--
To be eligible to participate in the competition
required by subparagraph (A), a candidate shall provide
reasonable assurance, as determined by the
Administrator, that it is capable of delivering a
crewed vehicle that meets the requirements as
established by the Administrator within the time frame
described in such subparagraph.
(C) Space act agreements.--The Administrator shall
enter into Space Act Agreements with not less than 2
teams for the competition required by subparagraph (A).
(D) Authorization of appropriations.--
(i) In general.--There is authorized to be
appropriated to the Administrator to carry out
the activities required by this paragraph
$150,000,000 for fiscal year 2009.
(ii) Availability.--Amounts appropriated
pursuant to the authorization of appropriations
under clause (i) shall remain available until
expended.
(iii) Supplement not supplant.--The amount
authorized to be appropriated by clause (i) for
the purpose described in that clause is in
addition to amounts authorized by section
3(a)(5).

SEC. 6. SPACE SHUTTLE TRANSITION.

(a) Disposition of Shuttle-Related Assets.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Administrator shall submit to
Congress a plan for the disposition of the remaining Space
Shuttle Orbiters and other Space Shuttle program-related
hardware and facilities after the retirement of the Space
Shuttle fleet.
(2) Plan requirements.--The plan submitted under paragraph
(1) shall include a description of a process by which
educational institutions, science museums, and other
appropriate organizations may acquire, through loan or disposal
by the Federal Government, Space Shuttle program hardware.
(3) Prohibition on disposition before completion of plan.--
The Administrator shall not dispose of any Space Shuttle
program hardware before the plan required by paragraph (1) is
submitted to Congress.
(b) Space Shuttle Transition Liaison Office.--
(1) Establishment.--The Administrator shall establish a
Space Shuttle Transition Liaison Office within the Office of
Human Capital Management of the Agency 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.
(2) Manner of assistance.--In providing assistance under
paragraph (1), the office established under such paragraph
shall--
(A) offer 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 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 mission of a Space Shuttle Orbiter.

SEC. 7. AEROSPACE SKILLS RETENTION AND INVESTMENT REUTILIZATION REPORT.

(a) In General.--The Administrator shall, in cooperation with the
heads of other Federal agencies, including the Secretary of Commerce,
the Secretary of Defense, the Secretary of Energy, the Secretary of
Homeland Security, and the Secretary of Transportation--
(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 the
enactment of this Act, the Administrator shall submit to the
appropriate congressional committees 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. 8. PLAN TO SUPPORT OPERATIONS OF THE INTERNATIONAL SPACE STATION
BEYOND FISCAL YEAR 2015.

(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Administrator shall submit to the
appropriate congressional committees a plan to support the operations
of the International Space Station beyond fiscal year 2015 for a period
of not less than 5 years.
(b) Content.--The plan required by subsection (a) shall include the
following:
(1) A list of critical hardware necessary to support
International Space Station operations and nonexploration-
related research through the year 2020.
(2) Specific known or anticipated maintenance actions that
would need to be performed to support International Space
Station operations and research as described in paragraph (1).
(3) A list and description of the flight cargo manifest,
including potential vehicles that will deliver such cargo, to
support the International Space Station after the retirement of
the Space Shuttle Orbiter and through the year 2020.
(4) The budget assumptions made for carrying out such plan.

SEC. 9. INTERNATIONAL SPACE STATION NATIONAL LABORATORY.

(a) Management and Transportation.--
(1) Plan and budget.--Not later than 60 days after the date
of the enactment of this Act, the Administrator shall submit to
the appropriate congressional committees--
(A) a plan for continuing the activities described
in 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); and
(B) 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 subparagraph (A).
(2) International space station utilization advisory
committee.--
(A) Establishment.--The Administrator shall
establish a committee to be known as the
``International Space Station Utilization Advisory
Committee'' (in this paragraph referred to as the
``Committee'').
(B) Membership.--
(i) Composition.--The Committee shall be
composed of not less than 11 individuals
representing non-Agency government or private
entities who have formal agreements with the
Agency to utilize the United States portion of
the International Space Station, including
allocations within partner elements.
(ii) Chair.--The Administrator shall
appoint a chair from among the members of the
Committee, who shall serve for a 2-year term.
(C) Duties of the committee.--
(i) In general.--The Committee shall make
assessments and recommendations regarding
effective utilization of the International
Space Station as a national laboratory and
platform for research.
(ii) 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 clause (i).
(D) Duration.--The Committee shall exist for the
life of the International Space Station.
(b) Plan for an Appropriate Structure for Management of National
Laboratory Research.--
(1) Plan required.--Not later than 90 days after the date
of the enactment of this Act, the Administrator shall develop
and submit to the appropriate congressional committees an
implementation plan for an appropriate structure for management
of national laboratory research.
(2) Support for development of plan authorized.--The
Administrator may request the support of the National Academy
of Sciences or other appropriate entity, including an external
consultant, in developing the plan required by paragraph (1).
(3) Authorization of appropriations.--
(A) In general.--There is authorized to be
appropriated to the Administrator such sums as may be
necessary to carry out this subsection.
(B) Supplement not supplant.--The amount authorized
to be appropriated by subparagraph (A) for the purpose
specified in that subparagraph is in addition to
amounts authorized by section 3.
(c) Research Fund.--
(1) Establishment of fund.--There is established in the
Treasury of the United States a fund to be known as the
``International Space Station Research Fund''.
(2) Purpose.--Amounts in the International Space Station
Research Fund shall be available to the Administrator--
(A) to underwrite research in partnership with
entities with which the Administrator has established
memoranda of understanding regarding the research and
scientific uses of the International Space Station
National Laboratory; and
(B) to support research hardware development,
ground test and flight qualification, payload
integration, and transportation costs for experiments
to the International Space Station.
(3) Private sector investment.--The Secretary of the
Treasury is authorized to accept contributions to the
International Space Station Research Fund from private sector
entities and transfers of funds from other Federal agencies.
(4) Authorization of appropriations.--
(A) In general.--There is authorized to be
appropriated to the International Space Station
Research Fund $200,000,000.
(B) Availability.--Amounts appropriated pursuant to
the authorization of appropriations under subparagraph
(A) shall remain available until expended.

SEC. 10. INTERNATIONAL SPACE STATION SCIENCE MISSION.

(a) In General.--The Administrator shall plan and conduct a Space
Shuttle mission, in addition to any missions scheduled as of the date
of the enactment of this Act, to be undertaken within the planned
operational lifetime of the Space Shuttle program, for the scientific
utilization of the International Space Station National Laboratory.
(b) Mission.--
(1) In general.--The purpose of the mission required to be
planned under subsection (a) 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 launch-ready
scientific payloads, such as the alpha magnetic spectrometer,
to the Space Station as soon as the assembly of the
International Space Station is completed.
(2) Core payload.--The planned core payloads for the
mission shall be--
(A) the alpha magnetic spectrometer; and
(B) a single spacehab module, middeck-sized
scientific payloads, or other scientific payload and
related support equipment, whichever is most
practicable.
(3) Development and costs of experiments.--
(A) Development of modules by other federal
agencies.--The plan required by subsection (a) shall
include utilization of the spacehab module or shuttle
middeck-sized capacity by payloads consisting of
experiments developed under memoranda of understanding
between the Administrator and the heads of other
Federal agencies.
(B) Costs of developing, preparing, and integrating
experiments.--The plan shall require each agency
described in subparagraph (A) to be responsible for--
(i) payment of the costs of developing and
preparing the experiments described in
subparagraph (A) for launch; and
(ii) sharing the cost associated with the
integration of such experiments into the
mission payload with other such agencies.
(4) Other experiments.--
(A) In general.--In developing the plan required by
subsection (a), the Administrator may consider
experiments in addition to those described in paragraph
(3) for the planned mission if such additional
experiments do not require, in the aggregate, more than
25 percent of available payload capacity, including a
category of experiments designated as ``Direct Rapid
Science''.
(B) Eligibility.--To be eligible for consideration
under this paragraph for incorporation into the plan,
an experiment shall--
(i) have an existing principle
investigator;
(ii) have already undergone feasibility
demonstrations and flight selection in a
previous Agency space station research
selection process; and
(iii) be considered by the Administrator to
have significant research potential.
(c) Report.--Not later than 90 days after the date of the enactment
of this Act, the Administrator shall submit to the appropriate
congressional committees a report containing the following:
(1) The plan required by subsection (a).
(2) An estimate of the total cost of implementing such
plan.
(3) Assurance that implementation of the plan will not have
a negative impact on--
(A) development of the Orion Crew Exploration
Vehicle and the Ares I launch vehicles; or
(B) any other shuttle mission intended to assemble,
equip, or supply the International Space Station.
(d) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Administrator such sums as may be necessary to carry out
this section.
(2) Supplement not supplant.--The amount authorized to be
appropriated by paragraph (1) for the purpose described in that
paragraph is in addition to amounts authorized by section 3.

SEC. 11. SENSE OF CONGRESS ON USE OF SPACE LIFE SCIENCES LABORATORY AT
KENNEDY SPACE CENTER.

It is the sense of Congress that--
(1) the Space Life Sciences Laboratory at Kennedy Space
Center represents a key investment and asset in the
International Space Station National Laboratory capability; and
(2) such laboratory should be utilized to the maximum
extent practicable in processing, preparing, monitoring, and
validating life science experiments to be conducted on-board
the International Space Station.

SEC. 12. SCIENCE POLICY.

(a) Scientific Research in General.--
(1) Reaffirmation of Support.--Congress reaffirms its
support for the well-balanced support of scientific research by
the Agency.
(2) Sense of Congress.--It is the sense of Congress that
the science policy of the Agency should emphasize--
(A) fundamental and basic research; and
(B) the transition of scientific and research
findings and output to nongovernmental entities for
purpose of application development.
(b) Nanotechnology.--
(1) Reaffirmation of support.--Congress reaffirms its
support for research and development and application of
nanotechnology by the Agency.
(2) Sense of congress.--It is the sense of Congress that
the nanotechnology policy of the Agency should make use where
appropriate of ongoing research and development in green
nanoscience and nanomanufacturing to support the mission of the
Agency.

SEC. 13. AERONAUTICS.

(a) Sense of Congress.--It is the sense of Congress that--
(1) aeronautics research continues to be an important core
element of the Agency mission and should be supported;
(2) Agency 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);
(3) Congress approves of the restructuring, by the Agency,
of its aeronautics research programs with the aim of providing
long-term stability and focus on high-quality innovative
research that produces ideas, capabilities, and technologies
that are critical enablers for the long-term technological
leadership of the United States; and
(4) technologies developed by the Agency 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.
(b) Environmentally Friendly Aircraft Research and Development
Initiative.--
(1) In general.--The Administrator shall, in collaboration
with the Administrator of the Federal Aviation Administration,
establish an initiative of research, development, and
demonstration of technologies to achieve the environmental
goals delineated in the Energy and Environment component of the
National Plan for Aeronautics Research and Development and
Related Infrastructure submitted to the President in accordance
with Executive Order 13419, with--
(A) a focus by the Administrator on foundational
research to enable new aircraft technologies and
alternative fuels that are consistent with such goals;
and
(B) complementary focus by the Administrator of the
Federal Aviation Administration on maturing such
technologies and fuels.
(2) Characteristics.--The initiative required by paragraph
(1) shall seek to enable the following commercial aircraft
performance characteristics:
(A) 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 the enactment of
this Act.
(B) Significant reductions in greenhouse gas
emissions compared to aircraft in commercial services
as of the date of the enactment of this Act.
(c) Research Alignment.--In addition to pursuing the research and
development initiative described in subsection (b)(1), the
Administrator shall, to the maximum extent practicable using available
funding, align the fundamental aeronautics research program of the
Agency to address high-priority technology challenges described in the
2006 report of the National Research Council entitled ``Decadal Survey
of Civil Aeronautics''.
(d) Research Program to Determine Perceived Impact of Sonic
Booms.--
(1) Sense of congress.--It is the sense of Congress that--
(A) 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; and
(B) in order to have the basis for establishing an
appropriate sonic boom standard for such flight
operations, a research program is needed to assess the
impact of sonic booms in a relevant environment of
commercial supersonic flight operations.
(2) Establishment of research program required.--The
Administrator shall establish a cooperative research program
with industry and other stakeholders, 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.
(3) Coordination of sonic boom research.--The Administrator
shall ensure that sonic boom research is coordinated with the
Administrator of the Federal Aviation Administration and, to
the maximum extent practicable, make use of the expertise of
the Partnership for Air Transportation Noise and Emissions
Reduction Center of Excellence sponsored by the Federal
Aviation Administration and the Agency.
(e) External Review of Aviation Safety-Related Research Programs of
the National Aeronautics and Space Administration.--
(1) Review.--The Administrator shall enter into an
arrangement with the National Research Council for an
independent review of the aviation safety-related research
programs of the Agency. The review shall assess the following:
(A) Whether such programs have well-defined,
prioritized, and appropriate research objectives.
(B) Whether such programs are properly coordinated
with the safety research programs of the Federal
Aviation Administration and other relevant Federal
agencies.
(C) Whether such programs have allocated
appropriate resources to accomplish research
objectives.
(D) Whether suitable mechanisms exist for
transitioning the research results from such programs
into operational technologies and procedures and
certification activities in a timely manner.
(2) Report.--Not later than 18 months after the date of the
enactment of this Act, the Administrator shall submit to the
appropriate congressional committees a report on the results of
the review required by paragraph (1).
(f) Implementation of Climate Change Research Initiative.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Administrator shall, in
coordination with the Global Change Research Program
established under section 103 of the Global Change Research Act
of 1990 (15 U.S.C. 2933) and other appropriate agencies,
implement the Climate Change Research Initiative as described
in the report of the U.S. Climate Change Science Program for
fiscal year 2008 entitled ``Our Changing Planet''.
(2) Research plan for the initiative.--Not later than 1
year after the date of the enactment of this Act, the Federal
entities implementing the Climate Change Research Initiative
described in paragraph (1) shall review such initiative and
ensure that such initiative includes a research plan that
includes--
(A) objectives;
(B) proposed tasks;
(C) milestones; and
(D) a 5-year budgetary profile.
(3) Review of research initiative.--
(A) In general.--The Administrator shall enter into
an arrangement with the National Research Council to
conduct an independent review of the Climate Change
Research Initiative described in paragraph (1).
(B) Report.--Not later than 2 years after the date
of the enactment of this Act, the Administrator shall
submit to the appropriate congressional committees a
report on the results of the review conducted under
subparagraph (A).
(g) Funding for Research and Development Activities in Support of
Other Mission Directorates.--Research and development activities
performed by the Aeronautics Research Mission Directorate of the Agency
with the primary objective of assisting in the development of a flight
project in another Mission Directorate of the Agency shall be funded by
the Mission Directorate seeking assistance.
(h) 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
(42 U.S.C. 16727(a)) is amended by striking ``may'' and inserting
``shall''.

SEC. 14. 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) Measures of effectiveness for the enhanced-use lease
program.
(3) Accounting controls and procedures to ensure
accountability, such as an audit trail and documentation to
readily support financial transactions.
(c) Enhanced Annual Report.--Section 315(f) of the National
Aeronautics and Space Administration Act of 1958 (42 U.S.C. 2459j(f))
is amended by adding at the end the following: ``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 plans.''.
(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) 20 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 80 percent shall be available
to the respective center or facility of the
Administration engaged in the lease of non-excess real
property, and shall remain available until expended.''.
(2) Conforming amendments.--Section 533 of the Consolidated
Appropriations Act, 2008 (Public Law 110-161; 121 Stat. 1931)
is amended--
(A) by striking subsection (b)(4)(A); and
(B) in subsection (d), by striking ``the
following'' and all that follows through ``The
authority to enter'' and inserting the following: ``the
following new subsection (g):
```(g) Sunset.--The authority to enter''.

SEC. 15. STUDY ON LEASING PRACTICES OF FIELD CENTERS.

(a) Study.--Not later than 180 days after the date of the enactment
of this Act, the Administrator shall complete a study on the leasing
practices of all field centers of the Agency, 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 the
enactment of this Act, the Administrator shall submit to the
appropriate congressional committees 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. 16. 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
the enactment of this Act, the Administrator shall complete a
study of all field centers of the Agency, including the Michoud
Assembly Facility.
(2) Matters studied.--The study required by paragraph (1)
shall include the following:
(A) The mission and future roles and
responsibilities of the field centers described in
paragraph (1).
(B) How and where design, development, test, and
evaluation work and research and development work and
assignments can augment the activities planned for such
field centers that have traditionally been engaged
primarily in operations efforts.
(b) Report.--
(1) In general.--Not later than 180 days after the date of
the 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 the Agency, including the
Michoud Assembly Facility.
(B) A description of the program and project roles,
functions, and activities assigned to each field
center.
(C) Details how field centers are selected and
designated for lead and support role work assignments
(including program and contract management
assignments).
(D) A description of how the portfolios of field
centers described in subsection (a)(2)(B) can be
diversified with--
(i) design, development, test, and
evaluation assignments; and
(ii) research and development assignments.

SEC. 17. INTERAGENCY STUDY OF COMMERCIAL SPACE RANGE OPTIONS.

(a) Study by Interagency Commission.--The Administrator shall, in
consultation with the Secretary of Transportation, the Secretary of
Defense, and other appropriate Federal Government officials, establish
an interagency commission to conduct a study--
(1) to identify the issues and challenges associated with
establishing a space launch range and facilities, in close
proximity to the Eastern Range, that are fully dedicated to
commercial space missions; and
(2) to develop, in consultation with other appropriate
State and Federal governmental entities, a critical path
schedule for establishing the range and facilities described in
paragraph (1).
(b) Report.--Not later than December 31, 2009, the Administrator
shall submit to the appropriate congressional committees a report on
the results of the study conducted under subsection (a).

SEC. 18. SENSE OF CONGRESS ON REESTABLISHMENT OF NATIONAL SPACE COUNCIL
IN EXECUTIVE OFFICE OF THE PRESIDENT.

It is the sense of Congress that the President should appoint
members to the National Space Council in accordance with section 501 of
the National Aeronautics and Space Administration Authorization Act,
Fiscal Year 1989 (42 U.S.C. 2471).

SEC. 19. REVIEW OF SUBORBITAL MISSION CAPABILITIES.

(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Administrator shall conduct a review of the
suborbital mission capabilities of the Agency.
(b) Matters Reviewed.--The review required by subsection (a) shall
include a review of the following:
(1) Existing programs that make use of suborbital flights.
(2) Existing or planned launch facilities for suborbital
missions.
(3) Opportunities for scientific research, training, and
educational collaboration in the conduct of suborbital missions
by the Agency.
(c) Report.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Administrator shall submit to
the appropriate congressional committees a report on the review
required by subsection (a).
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A) A summary of the review required by subsection
(a).
(B) The findings of the Administrator with respect
to such review.
(C) Recommendations regarding the growth of
suborbital launch programs conducted by the Agency.
(D) The steps necessary to ensure such programs are
conducted using domestic launch facilities to the
maximum extent feasible, including any rationale and
justification for using nondomestic facilities for such
missions.

SEC. 20. 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 framework under which information intended to promote safe
access into outer space, operations in outer space, and return from
outer space to Earth free from physical or radio-frequency interference
can be shared among those nations.

SEC. 21. STUDY ON EXPORT CONTROL POLICIES RELATED TO CIVIL AND
COMMERCIAL SPACE ACTIVITIES.

(a) Review.--Not later than 270 days after the date of the
enactment of this Act, the Director of the Office of Science and
Technology Policy, in coordination with the Secretary of State, shall
carry out a study on the impact of current export control policies and
implementation directives on--
(1) national security;
(2) the United States aerospace industry and the
competitiveness of such industry in global markets; and
(3) the ability of Federal agencies to carry out
cooperative activities in science and technology and human
space flight, including the impact on research carried out
under the sponsorship of such agencies.
(b) National Security Considerations.--In carrying out the study,
the Director shall assess and evaluate the impacts described in
paragraphs (2) and (3) of subsection (a) with national security
concerns and needs. Any recommendations included in the report required
by subsection (d) shall include a description of the risk to and
implications for national security.
(c) Consultation.--In carrying out the study required by subsection
(a), the Director shall seek input from representatives of the
following:
(1) Industry.
(2) Academia.
(3) The science community.
(4) All affected Federal agencies.
(5) Such other organizations and individuals as the
Director considers appropriate.
(d) Report.--Not later than 270 days after the date of the
enactment of this Act, the Director shall submit to the appropriate
congressional committees a report on the findings of the Director with
respect to the study required by subsection (a), including any
recommendations of the Director with respect to the matter covered by
such study.

SEC. 22. NEAR-EARTH OBJECTS.

(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) Affirmation of Support of Near-Earth Object Survey.--Congress
affirms its support of the Near-Earth Object Survey program required by
section 321(d)(1) of the National Aeronautics and Space Administration
Authorization Act of 2005 (42 U.S.C. 16691(d)(1)).
(c) 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 the Agency will provide benefits to the
scientific and exploration activities of the Agency.
(d) Requests for Information.--The Administrator shall issue
requests for information on--
(1) a low-cost space mission with the purpose of a rendez-
vous with and characterization of 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.
(e) Establishment of Policy With Respect to Threats Posed by Near-
Earth Objects.--The Director of the Office of Science and Technology
Policy shall--
(1) develop a policy for notifying Federal agencies and
relevant emergency response institutions of an impending near-
Earth object threat, if near term public safety is at risk; and
(2) recommend a Federal agency or agencies to be
responsible for--
(A) protecting the United States from a near-Earth
object that is expected to collide with Earth; and
(B) implementing a deflection campaign, in
consultation with international bodies, should one be
necessary.
(f) 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 the Agency.

SEC. 23. ENHANCEMENT OF EDUCATIONAL ROLE OF NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION.

(a) Development of Plan for Utilization of International Space
Station in Support of Education Activities.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Administrator shall develop and
submit to the appropriate congressional committees a plan for
utilization of the International Space Station in support of
educational activities in the areas of science, technology,
engineering, and mathematics.
(2) Use of prior report.--In developing the plan required
by paragraph (1), the Administrator shall use the report
submitted to Congress under section 507(c) of the National
Aeronautics and Space Administration Authorization Act of 2005
(42 U.S.C. 16767(c)) entitled ``NASA Report to Congress
Regarding a Plan for the International Space Station National
Laboratory'' and dated May 2007, with special emphasis on the
findings of the Inter-Agency Task Force on International Space
Station National Laboratory Concept Development, dated December
2006 and included in such report.
(b) Support of Sounding-Rockets, High-Altitude Balloon, Suborbital
Flight, and Small Satellite Payload Opportunities for Hands-On Training
for Students and Instructors in Higher Education.--
(1) Establishment of goal required.--In accordance with the
provisions of this subsection, the Administrator shall
establish as a goal the funding of sounding-rockets, high-
altitude balloon, suborbital flight, and small satellite
payload opportunities directly linked to programs such as the
Graduate Student Researchers Program of the Agency to provide
significant hands-on training, learning, and research
opportunities for students and instructors in higher education.
(2) Aggregate funding goal.--The goal required by paragraph
(1) shall include providing an aggregate amount of funding for
opportunities described in such paragraph equal to not less
than 1 percent of the aggregate amount authorized under section
3(a).
(3) Sense of congress on funding of opportunities.--It is
the sense of Congress that funding for opportunities described
in paragraph (1) should be considered part of the contribution
of the Agency 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)).
(c) Program of Cooperative Unmanned Aerial Vehicle Development.--
The Administrator in cooperation with the Administrator of the National
Oceanic and Atmospheric Administration and in consultation with the
Administrator of the Federal Aviation Administration, shall continue a
program of unmanned aerial vehicle development and applications, and
may enter into cooperative agreements with existing university-based
unmanned aerial vehicle flight programs and assets, including
development of appropriate applications of small unmanned aerial
vehicle technologies and systems in remote areas.
(d) The Experimental Program to Stimulate Competitive Research.--Of
the amounts authorized in section 3(a)(4), not less than $20,000,000
shall be available in fiscal year 2009 for the Experimental Program to
Stimulate Competitive Research. In order to ensure that research
expertise and talent throughout the nation is developed and engaged in
Agency research and education activities, the Agency shall, as part of
its annual budget submission, detail additional steps that can be taken
to further integrate the participating States in both existing and new
or emerging Agency research programs and center activities.
(e) National Space Grant College and Fellowship Program.--The
Agency shall continue its emphasis on the importance of education to
expand opportunities for Americans to understand and participate in the
Agency's aeronautics and space projects by supporting and enhancing
science and engineering education, research, and public outreach
efforts. To achieve this objective, of the amounts authorized in
section 3(a)(4), not less than $32,000,000 shall be available in fiscal
year 2009 for the National Space Grant College and Fellowship Program.

SEC. 24. ESTABLISHMENT OF OFFICE OF PROGRAM ANALYSIS AND EVALUATION.

(a) Establishment.--The Administrator shall establish within the
Agency an office to be known as the ``Office of Program Analysis and
Evaluation'' (in this section referred to as the ``Office'').
(b) Function.--The functions of the Office are as follows:
(1) To develop strategic plans for the Agency in accordance
with section 306 of title 5, United States Code.
(2) To develop annual performance plans for the Agency 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 the Agency.
(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.
(c) Objectives.--In performing the functions described in
subsection (b), the objectives of the Office are the following:
(1) To align the Agency's mission, strategic plan, budget,
and performance plan with strategic goals and institutional
requirements of the Agency.
(2) To provide objective analysis of programs and
institutions of the Agency--
(A) to generate investment options for the Agency;
and
(B) to inform strategic decision making in the
Agency.
(3) To enable cost-effective, strategically aligned
execution of programs and projects by the Agency.
(4) To perform independent cost estimation in support of
Agency 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 the Agency.
(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 the Agency toward meeting the
commitments of the Agency.

SEC. 25. METHANE INVENTORY.

Within 12 months after the date of enactment of this Act, the
Administrator, in conjunction with the Administrator of the National
Oceanic and Atmospheric Administration and other appropriate Federal
agencies and academic institutions, shall conduct an inventory of
natural methane stocks and fluxes in the Polar Region of the United
States.

SEC. 26. REDUCTION-IN-FORCE MORATORIUM.

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

SEC. 27. LIMIT ON THE USE OF TERM POSITIONS.

The Administrator shall limit the percentage of employees in term
positions, excluding students and cooperatives, within the Agency to
not more less than 10 percent of the total number of non-Senior
Executive Service, civil servant employees in fiscal year 2009.

SEC. 28. PROTECTION OF SCIENTIFIC CREDIBILITY, INTEGRITY, AND
COMMUNICATION WITHIN THE NATIONAL AERONAUTICS AND SPACE
ADMINISTRATION.

(a) Sense of the Congress.--It is the sense of Congress that the
Agency should not dilute, distort, suppress, or impede scientific
research or the dissemination thereof.
(b) Study.--Within 60 days after the date of enactment of this Act,
the Comptroller General shall--
(1) conduct a study to determine whether the regulations
set forth in part 1213 of title 14, Code of Federal
Regulations, are effective in ensuring that the sense of the
Congress expressed in subsection (a) is being observed; and
(2) transmit a report to the Congress setting forth the
Comptroller General's findings, conclusions, and
recommendations, including any recommendations the Comptroller
General finds appropriate with respect to establishing and
carrying out a Federal policy that addresses both the
dissemination of scientific research and Federal agency media
policy.
Calendar No. 884

110th CONGRESS

2d Session

S. 3270

[Report No. 110-422]

_______________________________________________________________________

A BILL

To reauthorize the National Aeronautics and Space Administration, and
for other purposes.

_______________________________________________________________________

July 16, 2008

Read twice and placed on the calendar