```

[110th Congress Public Law 422]
[From the U.S. Government Printing Office]

[DOCID: f:publ422.110]

[[Page 122 STAT. 4779]]

Public Law 110-422
110th Congress

                                 An Act

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

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

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

      TITLE I--AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2009

Sec. 101. Fiscal year 2009.

                         TITLE II--EARTH SCIENCE

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

                         TITLE III--AERONAUTICS

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

                    TITLE IV--EXPLORATION INITIATIVE

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

                         TITLE V--SPACE SCIENCE

Sec. 501. Technology development.

[[Page 122 STAT. 4780]]

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

                       TITLE VI--SPACE OPERATIONS

                 Subtitle A--International Space Station

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

                        Subtitle B--Space Shuttle

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

                       Subtitle C--Launch Services

Sec. 621. Launch services strategy.

                          TITLE VII--EDUCATION

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

                     TITLE VIII--NEAR-EARTH OBJECTS

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

                    TITLE IX--COMMERCIAL INITIATIVES

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

       TITLE X--REVITALIZATION OF NASA INSTITUTIONAL CAPABILITIES

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

                       TITLE XI--OTHER PROVISIONS

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

[[Page 122 STAT. 4781]]

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

SEC. 2. <<NOTE: 42 USC 17701.>> FINDINGS.

    The Congress finds, on this, the 50th anniversary of the 
establishment of the National Aeronautics and Space Administration, the 
following:
            (1) NASA is and should remain a multimission agency with a 
        balanced and robust set of core missions in science, 
        aeronautics, and human space flight and exploration.
            (2) Investment in NASA's programs will promote innovation 
        through research and development, and will improve the 
        competitiveness of the United States.
            (3) Investment in NASA's programs, like investments in other 
        Federal science and technology activities, is an investment in 
        our future.
            (4) Properly structured, NASA's activities can contribute to 
        an improved quality of life, economic vitality, United States 
        leadership in peaceful cooperation with other nations on 
        challenging undertakings in science and technology, national 
        security, and the advancement of knowledge.
            (5) NASA should assume a leadership role in a cooperative 
        international Earth observations and research effort to address 
        key research issues associated with climate change and its 
        impacts on the Earth system.
            (6) NASA should undertake a program of aeronautical 
        research, development, and where appropriate demonstration 
        activities with the overarching goals of--
                    (A) ensuring that the Nation's future air 
                transportation system can handle up to 3 times the 
                current travel demand and incorporate new vehicle types 
                with no degradation in safety or adverse environmental 
                impact on local communities;
                    (B) protecting the environment;
                    (C) promoting the security of the Nation; and
                    (D) retaining the leadership of the United States in 
                global aviation.
            (7) Human and robotic exploration of the solar system will 
        be a significant long-term undertaking of humanity in the 21st 
        century and beyond, and it is in the national interest that the 
        United States should assume a leadership role in a cooperative 
        international exploration initiative.
            (8) Developing United States human space flight capabilities 
        to allow independent American access to the International Space 
        Station, and to explore beyond low Earth orbit, is a 
        strategically important national imperative, and all prudent 
        steps should thus be taken to bring the Orion Crew Exploration

[[Page 122 STAT. 4782]]

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

SEC. 3. <<NOTE: 42 USC 17702.>> DEFINITIONS.

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

      TITLE I--AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2009

SEC. 101. FISCAL YEAR 2009.

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

[[Page 122 STAT. 4783]]

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

[[Page 122 STAT. 4784]]

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

                         TITLE II--EARTH SCIENCE

SEC. 201. <<NOTE: 42 USC 17711.>> GOAL.

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

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

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

    (b) Report.--The <<NOTE: Plan.>> Director shall transmit the study 
to the Committee on Science and Technology of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate not later than 18 months after the date of 
enactment of this Act, and shall provide OSTP's plan for implementing 
the study's recommendations not later than 24 months after the date of 
enactment of this Act.

SEC. 203. DECADAL SURVEY MISSIONS.

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

[[Page 122 STAT. 4785]]

SEC. 204. <<NOTE: 42 USC 17712.>> TRANSITIONING EXPERIMENTAL RESEARCH 
            INTO OPERATIONAL SERVICES.

    (a) Sense of Congress.--It is the sense of the Congress that 
experimental NASA sensors and missions that have the potential to 
benefit society if transitioned into operational monitoring systems be 
transitioned into operational status whenever possible.
    (b) Interagency Process.--The Director of OSTP, in consultation with 
the Administrator, the Administrator of NOAA, and other relevant 
stakeholders, shall develop a process to transition, when appropriate, 
NASA Earth science and space weather missions or sensors into 
operational status. The process shall include coordination of annual 
agency budget requests as required to execute the transitions.
    (c) Responsible Agency Official.--
The <<NOTE: Designation.>> Administrator and the Administrator of NOAA 
shall each designate an agency official who shall have the 
responsibility for and authority to lead NASA's and NOAA's transition 
activities and interagency coordination.

    (d) Plan.--For each mission or sensor that is determined to be 
appropriate for transition under subsection (b), NASA and NOAA shall 
transmit to Congress a joint plan for conducting the transition. The 
plan shall include the strategy, milestones, and budget required to 
execute the transition. The <<NOTE: Deadline.>> transition plan shall be 
transmitted to Congress not later than 60 days after the successful 
completion of the mission or sensor critical design review.

SEC. 205. LANDSAT THERMAL INFRARED DATA CONTINUITY.

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

SEC. 206. <<NOTE: 42 USC 17713.>> REAUTHORIZATION OF GLORY MISSION.

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

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

    (a) Plan.--NASA shall develop a plan for the Deep Space Climate 
Observatory (DSCOVR), including such options as using the parts of the 
spacecraft in the development and assembly of other science missions, 
transferring the spacecraft to another

[[Page 122 STAT. 4786]]

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

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

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

                         TITLE III--AERONAUTICS

SEC. 301. SENSE OF CONGRESS.

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

SEC. 302. <<NOTE: 42 USC 17721.>> ENVIRONMENTALLY FRIENDLY AIRCRAFT 
            RESEARCH AND DEVELOPMENT INITIATIVE.

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

[[Page 122 STAT. 4787]]

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

SEC. 303. <<NOTE: 42 USC 17722.>> RESEARCH ALIGNMENT.

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

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

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

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

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

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

[[Page 122 STAT. 4788]]

SEC. 306. AVIATION WEATHER RESEARCH PLAN.

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

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

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

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

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

                    TITLE IV--EXPLORATION INITIATIVE

SEC. 401. SENSE OF CONGRESS.

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

SEC. 402. REAFFIRMATION OF EXPLORATION POLICY.

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

[[Page 122 STAT. 4789]]

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

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

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

SEC. 404. <<NOTE: 42 USC 17732.>> LUNAR OUTPOST.

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

SEC. 405. <<NOTE: 42 USC 17733.>> EXPLORATION TECHNOLOGY DEVELOPMENT.

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

SEC. 406. EXPLORATION RISK MITIGATION PLAN.

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

[[Page 122 STAT. 4790]]

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

SEC. 407. <<NOTE: 42 USC 17734.>> EXPLORATION CREW RESCUE.

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

SEC. 408. PARTICIPATORY EXPLORATION.

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

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

SEC. 409. SCIENCE AND EXPLORATION.

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

[[Page 122 STAT. 4791]]

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

SEC. 410. CONGRESSIONAL BUDGET OFFICE REPORT UPDATE.

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

                         TITLE V--SPACE SCIENCE

SEC. 501. <<NOTE: 42 USC 17741.>> TECHNOLOGY DEVELOPMENT.

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

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

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

SEC. 503. MARS EXPLORATION.

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

SEC. 504. IMPORTANCE OF A BALANCED SCIENCE PROGRAM.

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

SEC. 505. SUBORBITAL RESEARCH ACTIVITIES.

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

[[Page 122 STAT. 4792]]

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

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

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

[[Page 122 STAT. 4793]]

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

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

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

SEC. 508. ASSESSMENT OF COST GROWTH.

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

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

SEC. 509. OUTER PLANETS EXPLORATION.

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

                       TITLE VI--SPACE OPERATIONS

                 Subtitle A--International Space Station

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

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

[[Page 122 STAT. 4794]]

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

[[Page 122 STAT. 4795]]

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

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

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

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

[[Page 122 STAT. 4796]]

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

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

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

SEC. 603. <<NOTE: 42 USC 17753.>> CONTINGENCY PLAN FOR CARGO RESUPPLY.

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

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

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

                        Subtitle B--Space Shuttle

SEC. 611. SPACE SHUTTLE FLIGHT REQUIREMENTS.

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

[[Page 122 STAT. 4797]]

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

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

[[Page 122 STAT. 4798]]

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

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

[[Page 122 STAT. 4799]]

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

SEC. 612. UNITED STATES COMMERCIAL CARGO CAPABILITY STATUS.

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

SEC. 613. <<NOTE: 42 USC 17761.>> SPACE SHUTTLE TRANSITION.

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

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

[[Page 122 STAT. 4800]]

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

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

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

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

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

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

[[Page 122 STAT. 4801]]

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

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

SEC. 616. ACCOUNTING REPORT.

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

                       Subtitle C--Launch Services

SEC. 621. <<NOTE: 42 USC 17771.>> LAUNCH SERVICES STRATEGY.

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

[[Page 122 STAT. 4802]]

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

                          TITLE VII--EDUCATION

SEC. 701. RESPONSE TO REVIEW.

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

SEC. 702. EXTERNAL REVIEW OF EXPLORER SCHOOLS PROGRAM.

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

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

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

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

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

[[Page 122 STAT. 4803]]

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

                     TITLE VIII--NEAR-EARTH OBJECTS

SEC. 801. <<NOTE: 42 USC 17791.>> REAFFIRMATION OF POLICY.

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

SEC. 802. <<NOTE: 42 USC 17792.>> FINDINGS.

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

SEC. 803. <<NOTE: 42 USC 17793.>> REQUESTS FOR INFORMATION.

    The Administrator shall issue requests for information on--

[[Page 122 STAT. 4804]]

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

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

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

SEC. 805. <<NOTE: 42 USC 17795.>> PLANETARY RADAR CAPABILITY.

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

SEC. 806. ARECIBO OBSERVATORY.

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

SEC. 807. INTERNATIONAL RESOURCES.

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

                    TITLE IX--COMMERCIAL INITIATIVES

SEC. 901. SENSE OF CONGRESS.

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

[[Page 122 STAT. 4805]]

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

SEC. 902. <<NOTE: 42 USC 17801.>> COMMERCIAL CREW INITIATIVE.

    (a) In General.--In order to stimulate commercial use of space, help 
maximize the utility and productivity of the International Space 
Station, and enable a commercial means of providing crew transfer and 
crew rescue services for the International Space Station, NASA shall--
            (1) make use of United States commercially provided 
        International Space Station crew transfer and crew rescue 
        services to the maximum extent practicable, if those commercial 
        services have demonstrated the capability to meet NASA-specified 
        ascent, entry, and International Space Station proximity 
        operations safety requirements;
            (2) limit, to the maximum extent practicable, the use of the 
        Crew Exploration Vehicle to missions carrying astronauts beyond 
        low Earth orbit once commercial crew transfer and crew rescue 
        services that meet safety requirements become operational;
            (3) facilitate, to the maximum extent practicable, the 
        transfer of NASA-developed technologies to potential United 
        States commercial crew transfer and rescue service providers, 
        consistent with United States law; and
            (4) <<NOTE: Notice. Deadline. Contracts.>> issue a notice of 
        intent, not later than 180 days after the date of enactment of 
        this Act, to enter into a funded, competitively awarded Space 
        Act Agreement with 2 or more commercial entities for a Phase 1 
        Commercial Orbital Transportation Services crewed vehicle 
        demonstration program.

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

[[Page 122 STAT. 4806]]

rescue requirements from the time the commercial provider commences 
operations under contract with NASA through calendar year 2016, with an 
option to extend the period of performance through calendar year 2020.

       TITLE X--REVITALIZATION OF NASA INSTITUTIONAL CAPABILITIES

SEC. 1001. REVIEW OF INFORMATION SECURITY CONTROLS.

    (a) Report on Controls.--Not later than one year after the date of 
enactment of this Act, the Comptroller General shall transmit to the 
Committee on Science and Technology of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
review of information security controls that protect NASA's information 
technology resources and information from inadvertent or deliberate 
misuse, fraudulent use, disclosure, modification, or destruction. The 
review shall focus on networks servicing NASA's mission directorates. In 
assessing these controls, the review shall evaluate--
            (1) the network's ability to limit, detect, and monitor 
        access to resources and information, thereby safeguarding and 
        protecting them from unauthorized access;
            (2) the physical access to network resources; and
            (3) the extent to which sensitive research and mission data 
        is encrypted.

    (b) Restricted Report on Intrusions.--Not later than one year after 
the date of enactment of this Act, and in conjunction with the report 
described in subsection (a), the Comptroller General shall transmit to 
the Committee on Science and Technology of the House of Representatives 
and the Committee on Commerce, Science, and Transportation of the Senate 
a restricted report detailing results of vulnerability assessments 
conducted by the Government Accountability Office on NASA's network 
resources. Intrusion attempts during such vulnerability assessments 
shall be divulged to NASA senior management prior to their application. 
The report shall put vulnerability assessment results in the context of 
unauthorized accesses or attempts during the prior two years and the 
corrective actions, recent or ongoing, that NASA has implemented in 
conjunction with other Federal authorities to prevent such intrusions.

SEC. 1002. <<NOTE: 42 USC 17811.>> MAINTENANCE AND UPGRADE OF CENTER 
            FACILITIES.

    (a) In General.--In order to sustain healthy Centers that are 
capable of carrying out NASA's missions, the Administrator shall ensure 
that adequate maintenance and upgrading of those Center facilities is 
performed on a regular basis.
    (b) Review.--The <<NOTE: Strategy. Budget plan.>> Administrator 
shall determine and prioritize the maintenance and upgrade backlog at 
each of NASA's Centers and associated facilities, and shall develop a 
strategy and budget plan to reduce that maintenance and upgrade backlog 
by 50 percent over the next five years.

    (c) Report.--The Administrator shall deliver a report to Congress on 
the results of the activities undertaken in subsection (b) concurrently 
with the delivery of the fiscal year 2011 budget request.

[[Page 122 STAT. 4807]]

SEC. 1003. <<NOTE: 42 USC 17812.>> ASSESSMENT OF NASA LABORATORY 
            CAPABILITIES.

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

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

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

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

                       TITLE XI--OTHER PROVISIONS

SEC. 1101. SPACE WEATHER.

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

[[Page 122 STAT. 4808]]

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

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

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

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

SEC. 1103. <<NOTE: 42 USC 17822.>> ASTRONAUT HEALTH CARE.

    (a) Survey.--The Administrator shall administer an anonymous survey 
of astronauts and flight surgeons to evaluate communication, 
relationships, and the effectiveness of policies. The survey questions 
and the analysis of results shall be evaluated by experts independent of 
NASA. The <<NOTE: Deadlines.>> survey shall be administered on at least 
a biennial basis.

    (b) Report.--The Administrator shall transmit a report of the 
results of the survey to Congress not later than 90 days following 
completion of the survey.

[[Page 122 STAT. 4809]]

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

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

SEC. 1105. INNOVATION PRIZES.

    (a) In <<NOTE: 42 USC 2459f-1 note.>> General.--Prizes can play a 
useful role in encouraging innovation in the development of technologies 
and products that can assist NASA in its aeronautics and space 
activities, and the use of such prizes by NASA should be encouraged.

    (b) Amendments.--Section 314 of the National Aeronautics and Space 
Act of 1958 <<NOTE: 42 USC 2459f-1.>> is amended--
            (1) by amending subsection (b) to read as follows:

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

SEC. 1106. COMMERCIAL SPACE LAUNCH RANGE STUDY.

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

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

[[Page 122 STAT. 4810]]

SEC. 1107. <<NOTE: 42 USC 17824.>> NASA OUTREACH PROGRAM.

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

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

SEC. 1108. REDUCTION-IN-FORCE MORATORIUM.

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

[[Page 122 STAT. 4811]]

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

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

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

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

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

SEC. 1111. <<NOTE: 42 USC 17826.>> METHANE INVENTORY.

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

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

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

[[Page 122 STAT. 4812]]

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

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

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

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

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

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

[[Page 122 STAT. 4813]]

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

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

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

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

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

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

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

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

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

[[Page 122 STAT. 4814]]

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

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

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

[[Page 122 STAT. 4815]]

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

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

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

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

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

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

SEC. 1121. LIMITATION ON FUNDING FOR CONFERENCES.

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

[[Page 122 STAT. 4816]]

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

SEC. 1122. REPORT ON NASA EFFICIENCY AND PERFORMANCE.

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

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

[[Page 122 STAT. 4817]]

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

    Approved October 15, 2008.

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

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

                                  <all>
```