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[Senate Report 110-422]
[From the U.S. Government Publishing Office]

110th Congress 
 2d Session                      SENATE                          Report
                                                                110-422
_______________________________________________________________________

                                     

                                                       Calendar No. 884

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION AUTHORIZATION ACT OF 2008

                               __________

                              R E P O R T

                                 OF THE

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 3270

                                     

                 July 16, 2008.--Ordered to be printed
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                       one hundred tenth congress
                             second session

                   DANIEL K. INOUYE, Hawaii, Chairman
                   TED STEVENS, Alaska, Vice-Chairman
JOHN D. ROCKEFELLER IV, West         JOHN McCAIN, Arizona
    Virginia                         KAY BAILEY HUTCHISON, Texas
JOHN F. KERRY, Massachusetts         OLYMPIA J. SNOWE, Maine
BYRON L. DORGAN, North Dakota        GORDON H. SMITH, Oregon
BARBARA BOXER, California            JOHN ENSIGN, Nevada
BILL NELSON, Florida                 JOHN E. SUNUNU, New Hampshire
MARIA CANTWELL, Washington           JIM DeMINT, South Carolina
FRANK R. LAUTENBERG, New Jersey      DAVID VITTER, Louisiana
MARK PRYOR, Arkansas                 JOHN THUNE, South Dakota
THOMAS CARPER, Delaware              ROGER F. WICKER, Mississippi
CLAIRE McCASKILL, Missouri
AMY KLOBUCHAR, Minnesota
          Margaret Cummisky, Staff Director and Chief Counsel
         Lila Helms, Deputy Staff Director and Policy Director
       Jean Toal Eisen, Senior Advisor and Deputy Policy Director
     Christine Kurth, Republican Staff Director and General Counsel
                Paul J. Nagle, Republican Chief Counsel
             Mimi Braniff, Republican Deputy Chief Counsel

                                                       Calendar No. 884
110th Congress                                                   Report
                                 SENATE
 2d Session                                                     110-422

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

 
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION AUTHORIZATION ACT OF 2008

                                _______
                                

                 July 16, 2008.--Ordered to be printed

                                _______
                                

       Mr. Inouye, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                                 REPORT

                         [To accompany S. 3270]

    The Committee on Commerce, Science, and Transportation 
reports favorably an original bill to reauthorize the National 
Aeronautics and Space Administration, and for other purposes, 
having considered the same, and recommends that the bill do 
pass.

                          Purpose of the Bill

  The purpose of the bill is to authorize programs of the 
National Aeronautics and Space Administration (NASA) for fiscal 
year (FY) 2009.

                          Background and Needs

  In January 2004, the President announced the Vision for Space 
Exploration, a broad pronouncement that called for NASA to 
complete construction of the International Space Station (ISS), 
retire the Space Shuttle, develop a new, next generation crew 
vehicle, and return Americans to the Moon. Congress responded 
to the Vision for Space Exploration with the passage of the 
NASA Authorization Act of 2005 (P.L. 109--155). The legislation 
recognized the potential gap in U.S. human space flight 
capability created by the Administration's decision to retire 
the Shuttle in 2010 without having a new vehicle available 
until several years later. Congress expressed its concern about 
this gap and included measures to mitigate any potentially 
negative impact of the gap.
  In 2008, NASA is no closer to narrowing the gap. The 
Administration is committed to retiring the Shuttle in 2010, 
but the new Orion crew capsule and the Ares I rocket will not 
be available until approximately 2015. NASA Administrator 
Michael Griffin has stated that the agency may be able to 
accelerate the initial operating capability of Orion/Ares to 
2013 if a total of $2 billion in additional funding were made 
available over the two year period of FY 2009 and FY 2010. 
Regardless, the United States will have to rely on the Russian-
built Soyuz to deliver U.S. astronauts to the ISS during the 
gap.
  NASA has initiated an alternative to relying on international 
partners to deliver cargo, and potentially crew, to the ISS -- 
the Commercial Orbital Transportation Services (COTS) program. 
The COTS program is intended to facilitate private industry's 
development of space transportation capabilities. If 
successful, NASA would purchase launches and ISS resupply 
flights from domestic companies at a more affordable rate than 
what would be paid to foreign partners. The COTS program 
requires the private sector to demonstrate the development and 
operation of an end-to-end space transportation system of 
services, including ground operations and integration, launch, 
rendezvous, proximity operations, docking or berthing, orbital 
operations, reentry, and safe disposal or return. Currently, 
NASA has entered into agreements with two private partners for 
the development and demonstration of cargo resupply 
capabilities (known as COTS capabilities A, B, and C) but has 
yet to initiate the human crew component, or COTS capability D. 
While the prospects for a successful and rapid demonstration of 
capability D may seem remote, advocates believe that it may be 
a potential solution to narrowing the gap in U.S. human 
spaceflight capability. If a U.S. company can develop a vehicle 
that will take astronauts to the ISS, then NASA would not have 
to rely on the Russians.
  The U.S. segment of the ISS is a critical component of NASA's 
research mission. In recognition of that, Congress declared the 
ISS a National Laboratory in the 2005 Authorization Act. 
Currently, NASA's budget projection for the support, operation, 
and utilization of the ISS ends after FY 2015. Although the 
Agency has publicly stated that they are not taking any actions 
that would preclude the operations of the ISS beyond 2015, the 
Committee believes that it is important for NASA to operate the 
ISS beyond 2015, especially if a U.S. capability to reach the 
ISS will not be available until then. A life span for the 
operation and utilization of the ISS to at least 2020 will 
ensure a greater return on investment for the United States and 
our international partners that have contributed to its 
construction.
  The Committee is mindful of the impacts of transitioning from 
one flight system to another and has taken steps to address and 
mitigate those impacts in the legislation accompanying this 
report. The Committee has also taken note of the important 
roles and missions of all of NASA facilities and institutions 
and the need to clarify those roles and missions for the 
future. For example, the Michoud Assembly Facility represents a 
unique resource in the facilitation of the nation's exploration 
programs, and every effort should be made to ensure the 
effective utilization of that resource, as well as NASA's other 
centers and facilities.

                         Summary of Provisions

  The NASA Authorization Act of 2008 would provide a $19.2 
billion baseline authorization of appropriations for FY 2009 to 
fund the various activities of the agency. The bill also would 
provide an additional $1 billion authorization of 
appropriations to accelerate the initial operational capability 
of a U.S. owned human spacecraft capability, an additional $200 
million for ISS research, and an additional $150 million for 
the development of a commercial crew vehicle. The total 
authorization of appropriations would be $20.55 billion.
  The bill would reaffirm Congress's support for the goals of 
U.S. space exploration policy, including activities related to 
Moon missions and Mars exploration, and express support for 
both international cooperation and commercial involvement in 
space exploration activities. The bill also would include a 
number of provisions to ensure that the United States has 
uninterrupted human access to space. Specifically, the bill 
would prevent the Administrator from retiring the Shuttle in 
2010 if additional missions are remaining on the manifest, and 
it would require the Administrator to report to Congress on the 
steps, costs, and schedule for recertifying the Shuttle for 
flight beyond 2010. The bill also would express support for the 
COTS program and would direct the Administrator to establish a 
competition to develop a private sector capability to launch 
human crew. Recognizing that the Shuttle will eventually be 
retired, the bill would require the Administrator to establish 
a Space Shuttle Transition Liaison Office to assist local 
communities that would be affected by the Shuttle's retirement.
  The ISS is an important component of the U.S. space program, 
and the bill would require NASA to develop a plan to support 
the operations of the ISS until at least 2020 to ensure that 
the ISS's scientific capabilities are utilized to the maximum 
extent. The bill would require the Administrator to establish 
an ISS Utilization Advisory Committee to assess and recommend 
scientific research to effectively utilize the ISS. The bill 
would establish a research fund of $200 million to support 
scientific research, including the development of flight 
hardware for experiments on the ISS. The bill also would 
require the Administrator to plan an additional Shuttle mission 
to deliver scientific experiments to the ISS.
  Aeronautics is an important area of research and a critical 
component of NASA's mission. The bill would align NASA 
aeronautics research with the high-priority challenges 
described in the National Research Council's 2006 Decadal 
Survey of Civil Aeronautics. The bill would outline a series of 
aeronautics initiatives related to the research on and 
development of environmentally friendly aeronautics 
technologies, supersonic flight and the impact of sonic booms, 
and climate change.
  Finally, the bill would include studies on field center 
leasing practices and project and work allocation; an 
interagency study of commercial space launch range facilities; 
a study on the impact of export control policies related to 
aerospace industry; an expression of support for the Near-Earth 
Object Survey to detect and identify near-Earth objects; a plan 
for utilizing the ISS for educational activities; the 
establishment of a program with universities on unmanned aerial 
vehicle development and applications; authorization of $20 
million in FY 2009 for the Experimental Program to Stimulate 
Competitive Research; authorization of $32 million in FY 2009 
for the National Space Grant College and Fellowship Program; 
the establishment of an Office of Program Analysis and 
Evaluation to analyze and develop plans that would align the 
agency's mission, budget, and performance with strategic goals; 
an inventory of natural methane stocks and fluxes in the U.S. 
polar regions; a moratorium on reduction-in-force of civil 
servants before December 31, 2010; a limit on the use of term 
positions to equal or less than 10 percent of NASA's civil 
servants; a sense of Congress on the dilution, distortion, or 
suppression of scientific research; and a study by the 
Government Accountability Office on NASA compliance with 
Federal regulations on dissemination of scientific research to 
the public.

                          Legislative History

  On May 7, 2008, the Subcommittee on Space, Aeronautics, and 
Related Sciences held a hearing titled, ``Reauthorizing the 
Vision for Space Exploration.'' At this hearing, the 
subcommittee considered the issues related to the Shuttle's 
retirement and the transition to the new Orion/Ares system, the 
impending gap in U.S. human access to space, and the need to 
ensure a healthy and balanced research program. The 
subcommittee heard testimony from one panel of witnesses, which 
included Mr. Eugene F. Kranz, Advisory Board Member of the 
Coalition for Space Exploration; Dr. Joan Johnson-Freese, 
Chairman of National Security Decision Making Department at the 
U.S. Naval War College; Dr. Frederick A. Tarantino, President 
of the Universities Space Research Association; Major General 
Robert S. Dickman, Executive Director of the American Institute 
of Aeronautics and Astronautics; and Mr. George T. Whitesides, 
Executive Director of the National Space Society.
  On June 24, 2008, the Committee met in open Executive Session 
and, by a voice vote, ordered the Committee original bill be 
reported with amendments proposed by Senator Inouye and Senator 
Lautenberg.
  H.R. 6063 is the companion bill that was introduced by 
Representative Udall in the House of Representatives on May 15, 
2008. H.R. 6063 passed the House on June 18, 2008 by a recorded 
vote of 409-15.
  Staff assigned to this legislation are Chan Lieu, senior 
Professional Democratic Staff, Ann Zulkosky, Democratic 
Professional Staff, and Jeff Bingham, Republican senior Advisor 
on Space and Aeronautics.

                            Estimated Costs

  In compliance with subsection (a)(3) of paragraph 11 of rule 
XXVI of the Standing Rules of the Senate, the Committee states 
that, in its opinion, it is necessary to dispense with the 
requirements of paragraphs (1) and (2) of that subsection in 
order to expedite the business of the Senate.

                      Regulatory Impact Statement

  In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       NUMBER OF PERSONS COVERED

  The Committee believes the bill would not subject any 
individuals or businesses affected by the bill to any 
additional regulation.

                            ECONOMIC IMPACT

  This legislation would not have an adverse impact on the 
Nation's economy. The legislation would authorize sufficient 
levels to sustain ongoing and new awards, cooperative 
agreements, and contracts related to NASA's missions.

                                PRIVACY

  This legislation would not have a negative impact on personal 
privacy of individuals.

                               PAPERWORK

  This legislation would not increase the paperwork requirement 
for private individuals or businesses. There are reports 
required of NASA. These reports are focused around specific 
critical areas of interest to the Committee and Nation.

                   Congressionally Directed Spending

  In compliance with paragraph 4(b) of rule XLIV of the 
Standing Rules of the Senate, the Committee provides that no 
provisions contained in the bill, as reported, meet the 
definition of congressionally directed spending items under the 
rule.

                      Section-by-Section Analysis

Section 1. Short Title and Table of Contents
  This section would provide that the legislation may be cited 
as the National Aeronautics and Space Administration 
Authorization Act of 2008.
Section 2. Definitions
  This section would define certain terms in the Act.
Section 3. Authorization of Appropriations
  This section would authorize appropriations for NASA for FY 
2009. In addition to the amounts in the table below, this 
section would authorize an additional $1 billion to accelerate 
the development of a U.S. human space vehicle, an additional 
$200 million for ISS research, and an additional $150 million 
for the development of a commercial crew vehicle.

------------------------------------------------------------------------
                  Fiscal Year 2009                        $ Millions
------------------------------------------------------------------------
Science............................................              4,932.2
Aeronautics Research...............................                853.4
Exploration........................................              3,886.0
Space Operations...................................              6,074.7
Education..........................................                128.3
Cross Agency Support...............................              3,299.9
Inspector General..................................                 35.5
TOTAL..............................................             19,210.0
------------------------------------------------------------------------

Section 4. Reaffirmation of Space Policy
  This section would reaffirm Congress's support of the goals 
of U.S. space exploration policy, including activities related 
to missions to the Moon and Mars exploration. This section also 
would support both international cooperation and commercial 
involvement in space exploration activities.
Section 5. Uninterrupted United States Human Spaceflight Capability
  This section would require the Administrator to execute the 
remaining Shuttle missions before it is retired, regardless of 
the arbitrary retirement date of 2010. The Administrator would 
be required to discontinue activities, such as closing 
contracts for key parts, which would prevent the continued safe 
flight of the Shuttle beyond FY 2010. This section also would 
require the Administrator to submit, within 180 days after 
enactment of this Act, a report with detailed steps, schedule, 
and costs related to recertifying the Shuttle beyond FY 2010 
until at least the end of FY 2015. In support of the COTS 
program, this section would direct the Administrator to 
establish a competition to complete the COTS-D vehicle 
demonstration program by September 30, 2011, or as soon after 
that date as possible. This section also would outline the 
details of the competition, including eligibility and the use 
of Space Act Agreements.
  The Committee believes that the Shuttle should only be 
retired when the mission manifest has been completed. This 
means the Shuttle may need to fly beyond 2010 should unforeseen 
or uncontrollable events happen to cause the flight schedule to 
slip. Given the Columbia Accident Investigation Board's 
recommendation that the Shuttle undergo a recertification if it 
is to fly beyond 2010, the Committee would like to understand 
what activities a recertification entails, how significant an 
effort it would be, and how it compares to other Shuttle 
maintenance activities such as the Orbiter Maintenance Down 
Period. The Committee does not believe the Shuttle should be 
flown indefinitely, but simply would like to understand, in 
greater detail, how NASA defines recertification.
Section 6. Space Shuttle Transition
  This section would require the Administrator to develop and 
submit a plan that details how NASA will dispose of the Space 
Shuttle Orbiters and associated hardware once the system has 
completed its missions and is retired. This section would 
establish a Space Shuttle Transition Liaison Office to assist 
local communities to mitigate impacts due to the termination of 
the Space Shuttle program by offering technical assistance and 
information regarding alternate opportunities within Federal 
agencies.
Section 7. Aerospace Skills Retention and Investment Reutilization 
        Report
  This section would require the Administrator to analyze the 
facilities and human capital resources that will become 
available with the retirement of the Shuttle and identify on-
going or future Federal programs or projects that would be able 
to leverage NASA facilities and human resources. The 
Administrator would be required to report on this analysis 
within 180 days of the date of enactment.
Section 8. Plan to Support Operations of the International Space 
        Station Beyond Fiscal Year 2015
  This section would require the Administrator to submit a plan 
that details the necessary steps required to continue the 
support of ISS operations through FY 2020. The plan would 
include an evaluation of critical hardware to support 
operations and research, anticipated maintenance, flight cargo 
manifest, and potential vehicles to deliver payloads to the ISS 
through 2020. The Committee is especially concerned that NASA 
does not have plans for operating the ISS after FY 2015. Given 
that NASA does not expect to have a U.S. capability to launch 
crew into orbit until 2015, the Committee finds the prospect of 
funding the construction of the ISS only to have it shut down 
once the United States can get there to be highly 
objectionable. The Committee believes that in order to maximize 
the return on investment for the United States and our 
international partners, NASA needs to develop a plan that will 
extend the operation of the ISS beyond FY 2015.
Section 9. International Space Station Laboratory
  This section would require the Administrator to submit a plan 
on how NASA will continue the ISS research activities described 
in the ISS National Laboratory report submitted to Congress in 
May 2007. This section also would require the Administrator to 
establish an ISS Utilization Advisory Committee that would make 
assessments and recommendations regarding effective utilization 
of the ISS for its entire lifespan. Finally, this section would 
establish a Research Fund that would support research 
activities related to the ISS.
Section 10. International Space Station Science Mission
  This section would require the Administrator to plan and 
conduct a dedicated Shuttle mission to deliver the Alpha 
Magnetic Spectrometer and other scientific payloads to the ISS. 
The Alpha Magnetic Spectrometer is an international 
collaborative effort that NASA was committed to delivering to 
the ISS. However, the Alpha Magnetic Spectrometer was 
demanifested as a result of the compressed schedule brought on 
by the Columbia disaster and the decision to retire the Shuttle 
in 2010. The Committee believes that the Agency should honor 
its obligation to its international partners and deliver this 
important instrument to the ISS.
Section 11. Sense of Congress on Use of Space Life Sciences Laboratory 
        at Kennedy Space Center
  This section would express the sense of Congress that the 
Space Life Sciences Laboratory (SLSL) at Kennedy Space Center 
represents a key investment and asset in the ISS's National 
Laboratory capability and should be utilized to the maximum 
extent practicable in ISS-related research. The Committee 
believes this facility is ideally suited to support ISS-related 
science. In addition, the SLSL was developed as a Federal and 
State partnership, utilizing state funds, and represents a 
business model that can benefit the Agency, the local 
community, and the public. The Committee believes the Agency 
should encourage this type of external support and demonstrate 
its commitment to leverage these resources whenever practical.
Section 12. Science Policy
  This section would reaffirm Congress's support for well-
balanced support of scientific research by NASA and state that 
emphasis should be put on basic research and improved 
mechanisms for the sharing of scientific and research data and 
findings to non-government entities for applications 
development.
Section 13. Aeronautics
  This section would express a sense of Congress that 
aeronautics research continues to be important to NASA's core 
mission and should be guided by a national aeronautics research 
policy. This section would require the Administrator to: (1) 
establish an initiative with the objective of enabling 
commercial aircraft performance characteristics, such as 
significant aircraft noise reduction near airports and 
significant reductions in greenhouse gas emissions compared to 
aircraft currently in commercial service; (2) align the 
aeronautics research program with the National Research 
Council's 2006 Decadal Survey of Civil Aeronautics; (3) 
establish a research program with industry participation to 
collect data on perceived noise levels, a metric used in rating 
jet aircraft noise, of sonic booms in order to develop 
appropriate standards that could allow for commercial overland 
supersonic flights; (4) conduct an independent review, through 
the National Research Council, of aviation safety-related 
research programs within NASA; and (5) implement, in 
cooperation with the U.S. Global Change Research Program and 
other appropriate Agencies, a research initiative to assess the 
impact of aviation on the climate, and if necessary, steps to 
mitigate that impact. This section also would require that any 
research and development activities of the Aeronautics Mission 
Directorate performed for another Mission Directorate would be 
funded by that Mission Directorate.
Section 14. Development of Enhanced-Use Lease Policy
  This section would require the Administrator to develop an 
Agency-wide enhanced-use lease policy based upon sound business 
practices and lessons learned from demonstration centers. The 
criteria for the policy would include criteria for determining 
the economic value of an enhanced-use lease, measures for 
effectiveness of the program and its accounting procedures, and 
an annual reporting requirement. This section also would allow 
the NASA field centers participating in enhanced-use leasing 
activity to retain 80 percent of any cash consideration 
received. The remaining 20 percent would be under the 
Administrator's jurisdiction. The Committee believes that 
allowing the field centers to keep a portion of the proceeds 
from enhanced-use lease agreements will provide an incentive to 
initiate such arrangements.
Section 15. Study on Leasing Practices of Field Centers
  This section would require the Administrator to complete a 
study of the leasing practices of all field centers, including 
the Michoud Assembly Facility. The Committee is concerned about 
NASA's current leasing practices to tenants in multiple-use 
facilities. Specifically, the Committee believes that the 
practice of redistributing overhead and maintenance expenses 
among all the tenants -- should one tenant vacate may be 
disruptive to the remaining tenants and introduce uncertainty 
that may prevent future tenants from entering into leasing 
arrangements.
Section 16. Study and Report on Project Assignment and Work Allocation 
        of Field Centers
  This section would require the Administrator to study and 
report on project assignments and work allocation across all 
field centers. The Committee is concerned with the limited 
transparency into how work assignment decisions are made and 
what current and future programs, projects, and roles are 
assigned to each field center. The Committee believes this 
report will provide insight into both this process and the 
current and future work assigned to the field centers. NASA is 
preparing to undergo a level of program change not experienced 
in a generation and this transition will significantly impact 
the centers and facilities that have traditionally focused on 
operational activities. This report will identify how the work 
assignments of these centers and facilities can be augmented 
and diversified to reduce the impact of this change and more 
fully utilize the resources of these centers.
Section 17. Interagency Study of Commercial Space Range Options
  This section would require the Administrator, in cooperation 
with the Secretary of Defense and other appropriate Federal 
officials, to establish an interagency commission to study the 
issues related to establishing space launch facilities and a 
range that are dedicated to commercial space missions, and 
create a schedule for establishing such a range.
Section 18. Sense of Congress on Reestablishment of National Space 
        Council in Executive Office of the President
  This section would express the sense of Congress that the 
National Space Council should be reestablished. The Committee 
believes that space exploration, research, and 
commercialization are interdisciplinary activities with 
multiple and diverse stakeholders. Space programs, research, 
and infrastructure all have economic, national security, and 
global impact, and a diverse group of Federal agencies are 
responsible for various space-related projects, missions, and 
activities. The Committee believes the National Space Council 
can serve as a mechanism to unify these diverse priorities and 
requirements and to develop and coordinate the President's 
national space policy, strategy, and long-range goals.
Section 19. Review of Suborbital Mission Capabilities
  This section would require the Administrator to review NASA's 
suborbital mission capabilities, including existing programs, 
existing or planned launch facilities, and opportunities for 
research, training, or educational collaboration. The Committee 
supports the Agency's atmospheric, geophysical, and rocket 
research at the Poker Flat Range and the Kodiak Launch Complex, 
and encourages NASA to ensure the continuation and growth of 
that research.
Section 20. Initiation of Discussions on Development of Framework for 
        Space Traffic Management
  This section would direct the Administrator to initiate 
discussions with other space-faring countries to develop a 
framework for addressing space traffic management to promote 
safe access to space.
Section 21. Study on Export Control Policies Related to Civil and 
        Commercial Space Activities
  This section would require the Director of the Office of 
Science and Technology Policy to study the impact of current 
export control policies on the U.S. aerospace industry and the 
ability of Federal agencies to carry out cooperative activities 
in science, technology, and space flight. In carrying out this 
study, the Director of the Office of Science and Technology 
Policy would be required to assess and evaluate the impacts of 
such policies on national security concerns and needs.
Section 22. Near-Earth Objects
  This section would require the Director of the Office of 
Science and Technology Policy to develop a policy for notifying 
Federal agencies and relevant emergency response institutions 
of an impending near-Earth object threat and recommend a 
Federal agency or agencies to be responsible for protecting the 
United States from a near-Earth object collision. This section 
also would require the Administrator to maintain a planetary 
radar that is comparable to the capability provided by the Deep 
Space Network Goldstone facility.
Section 23. Enhancement of Educational Role of National Aeronautics and 
        Space Administration
  This section would require the Administrator to develop a 
plan to enhance the utilization of the ISS to support NASA 
educational goals and to establish as a goal the funding of 
sounding-rockets, high-altitude balloon campaigns, suborbital 
flight opportunities, and small satellite payload opportunities 
to provide hands-on training for students and instructors in 
higher education. This section would require the Administrator 
to establish as a goal the funding of sounding rockets, high-
altitude balloons, suborbital flight, and small satellite 
payload opportunities to provide hands-on training, learning, 
and research opportunities to students and instructors. This 
section would require the Administrator to establish a program 
of cooperative unmanned aerial vehicle development and 
applications in conjunction with university-based programs and 
assets. This section would authorize, for FY 2009, not less 
than $20 million in FY 2009 for the Experimental Program to 
Stimulate Competitive Research and not less than $32 million 
for the National Space Grant College and Fellowship Program.
Section 24. Establishment of Office of Program Analysis and Evaluation
  This section would require the Administrator to establish an 
Office of Program Analysis and Evaluation to analyze and 
develop plans that would align the NASA's mission, budget, and 
performance with strategic goals.
Section 25. Methane Inventory
  This section would require the Administrator, in conjunction 
with the Administrator of National Oceanic and Atmospheric 
Administration and other appropriate Federal agencies, to 
conduct an inventory of natural methane stocks and fluxes in 
the U.S. polar regions.
Section 26. Reduction-in-force Moratorium
  This section would prevent NASA from initiating or 
implementing a reduction-in-force of permanent, non-Senior 
Executive Service, civil servant employees prior to December 
31, 2010.
Section 27. Limit on the Use of Term Positions
  This section would require the Administrator to limit the use 
of term positions to less than or equal to 10 percent of the 
total number of non-Senior Executive Service, civil servant 
employees.
Section 28. Protection of Scientific Credibility, Integrity, and 
        Communication within the National Aeronautics and Space 
        Administration
  This section would express a sense of the Congress that the 
Agency should not dilute, distort, suppress, or impede 
scientific research or the dissemination thereof. This section 
also would require the Government Accountability Office to 
conduct a study, and report to Congress within 60 days after 
the date of enactment of this Act, to determine whether NASA is 
in compliance with regulations set forth in part 1213 of title 
14, Code of Federal Regulations, on the release of information 
to news and information media.

                        Changes in Existing Law

  In compliance with paragraph 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill, 
as reported, are shown as follows (existing law proposed to be 
omitted is enclosed in black brackets, new material is printed 
in italic, existing law in which no change is proposed is shown 
in roman):

       NATIONAL AERONAUTICS AND SPACE ADMINISTRATION ACT OF 1958

SEC. 315. ENHANCED-USE LEASE OF REAL PROPERTY DEMONSTRATION.

                           [42 U.S.C. 2459j]

  (a) In General.--Notwithstanding any other provision of law, 
the Administrator may enter into a lease under this section 
with any person or entity (including another department or 
agency of the Federal Government or an entity of a State or 
local government) with regard to any real property under the 
jurisdiction of the Administrator at no more than two (2) 
National Aeronautics and Space Administration (NASA) centers.
  (b) Consideration.--
          (1) A person or entity entering into a lease under 
        this section shall provide consideration for the lease 
        at fair market value as determined by the 
        Administrator, except that in the case of a lease to 
        another department or agency of the Federal Government, 
        that department or agency shall provide consideration 
        for the lease equal to the full costs to NASA in 
        connection with the lease.
          (2) Consideration under this subsection may take one 
        or a combination of the following forms--
                  (A) the payment of cash;
                  (B) the maintenance, construction, 
                modification or improvement of facilities on 
                real property under the jurisdiction of the 
                Administrator;
                  (C) the provision of services to NASA, 
                including launch services and payload 
                processing services; or
                  (D) use by NASA of facilities on the 
                property.
          (3)(A) The Administrator may utilize amounts of cash 
        consideration received under this subsection for a 
        lease entered into under this section to cover the full 
        costs to NASA in connection with the lease. These funds 
        shall remain available until expended.
          [(B) Any amounts of cash consideration received under 
        this subsection that are not utilized in accordance 
        with subparagraph (A) 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 of the centers selected for this demonstration 
        program, and shall remain available until expended.]
          (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.
  (c) Additional Terms and Conditions.--The Administrator may 
require such terms and conditions in connection with a lease 
under this section as the Administrator considers appropriate 
to protect the interests of the United States.
  (d) Relationship to Other Lease Authority.--The authority 
under this section to lease property of NASA is in addition to 
any other authority to lease property of NASA under law.
  (e) Lease Restrictions.--NASA is not authorized to lease back 
property under this section during the term of the out-lease or 
enter into other contracts with the lessee respecting the 
property.
  (f) Plan and Reporting Requirements.--At least 15 days prior 
to the Administrator entering into the first lease under this 
section, the Administrator shall submit a plan to the Congress 
on NASA's proposed implementation of this demonstration. The 
Administrator shall submit an annual report by January 31st of 
each year regarding the status of the demonstration. 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.

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION AUTHORIZATION ACT OF 2005

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

                           [42 U.S.C. 16727]

  (a) In General.--The Administrator [may] shall award grants 
to institutions of higher education (or consortia thereof) to 
establish one or more Centers for Research on Aviation Training 
under cooperative agreements with appropriate NASA Centers.
  (b) Purpose.--The purpose of the Centers shall be to 
investigate the impact of new technologies and procedures, 
particularly those related to the aircraft flight deck and to 
the air traffic management functions, on training requirements 
for pilots and air traffic controllers.
  (c) Application.--An institution of higher education (or a 
consortium of such institutions) seeking funding under this 
section shall submit an application to the Administrator at 
such time, in such manner, and containing such information as 
the Administrator may require, including, at a minimum, a 5-
year research plan.
  (d) Award Duration.--An award made by the Administrator under 
this section shall be for a period of 5 years and may be 
renewed on the basis of--
          (1) satisfactory performance in meeting the goals of 
        the research plan proposed by the Center in its 
        application under subsection (c); and
          (2) other requirements as specified by the 
        Administrator.

SEC. 501. SPACE SHUTTLE FOLLOW-ON.

                           [42 U.S.C. 16761]

  (a) Policy Statement.--It is the policy of the United States 
to possess the capability for human access to space on a 
continuous basis.
  (b) Progress Report.--Not later than 180 days after the date 
of enactment of this Act and annually thereafter, the 
Administrator shall transmit a report to the Committee on 
Science of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate describing 
the progress being made toward developing the Crew Exploration 
Vehicle and the Crew Launch Vehicle and the estimated time 
before they will demonstrate crewed, orbital spaceflight.
  [(c) Compliance Report.--If, 1 year before the final planned 
flight of the Space Shuttle orbiter, the United States has not 
demonstrated a replacement human space flight system, and the 
United States cannot uphold the policy described in subsection 
(a), the Administrator shall transmit a report to the Committee 
on Science of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate 
describing--]
    (c) Compliance Report.--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--
          (1) strategic risks to the United States associated 
        with the failure to uphold the policy described in 
        subsection (a);
          (2) the estimated length of time during which the 
        United States will not have its own human access to 
        space;
          (3) what steps will be taken to shorten that length 
        of time; and
          (4) what other means will be used to allow human 
        access to space during that time.

                 CONSOLIDATED APPROPRIATIONS ACT, 2008

                         [42 U.S.C. 2459j note]

  Sec. 533. (a) Subsection (a) of section 315 of the National 
Aeronautics and Space Administration Act of 1958 (42 U.S.C. 
2459j) is amended--
          (1) by striking ``Notwithstanding any other provision 
        of law, the Administrator'' and inserting ``The 
        Administrator''; and
          (2) by striking ``any real property'' and inserting 
        ``any non-excess real property and related personal 
        property''; and
          (3) by striking ``at no more than two (2) National 
        Aeronautics and Space Administration (NASA) centers''.
  (b) Subsection (b) of such section is amended--
          (1) in paragraph (1), by striking ``consideration'' 
        and all that follows through the end of the paragraph 
        and inserting ``cash consideration for the lease at 
        fair market value as determined by the 
        Administrator.'';
          (2) by striking paragraph (2);
          (3) by redesignating paragraph (3) as paragraph (2); 
        and
          [(4) in paragraph (2), as redesignated by paragraph 
        (3) of this subsection--
                  [(A) in subparagraph (B), by striking 
                ``maintenance'' and all that follows through 
                ``centers selected for this demonstration 
                program'' and inserting ``capital 
                revitalization and construction projects and 
                improvements of real property assets and 
                related personal property under the 
                jurisdiction of the Administrator''; and
                  [(B) by adding at the end the following new 
                subparagraph:
                  [``(C) Amounts utilized under subparagraph 
                (B) may not be utilized for daily operating 
                costs.''.]
          (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.''.
  (c) Subsection (e) of such section is amended--
          (1) by striking ``Lease Restrictions.--NASA'' and 
        inserting the following: ``Lease Restrictions.--
           ``(1) NASA''; and
          (2) by adding at the end the following new paragraph:
          ``(2) NASA is not authorized to enter into an out-
        lease under this section unless the Administrator 
        certifies that such out-lease will not have a negative 
        impact on NASA's mission.''.
  (d) Such section is further amended by adding at the end [the 
following new subsection (f):
  ``(f) Sunset.--The authority to enter] the following:
  ``(g) Sunset._The authority to enter into leases under this 
section shall expire on the date that is ten years after the 
date of the enactment of the Commerce, Justice, Science, and 
Related Agencies Appropriations Act of 2008. The expiration 
under this subsection of authority to enter into leases under 
this section shall not affect the validity or term of leases or 
NASA's retention of proceeds from leases entered into under 
this section before the date of the expiration of such 
authority.''.
  (e) The heading of such section is amended by striking 
``Enhanced-use lease of real property demonstration'' and 
inserting ``Lease of non-excess property''.
  (f) This section shall become effective on December 31, 2008.

                                  
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