II 

Calendar No. 884 

110TH CONGRESS 

2D SESSION S. 3270 

[Report No. 110–422] 

To reauthorize the National Aeronautics and Space Administration, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 16, 2008 

Mr. INOUYE, from the Committee on Commerce, Science, and Transportation, 

reported the following original bill; which was read twice and placed on 

the calendar 

A BILL 

To reauthorize the National Aeronautics and Space 

Administration, and for other purposes. 

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘National Aeronautics and Space Administration Author4 ization Act of 2008’’. 

5 (b) TABLE OF CONTENTS.—The table of contents for 

6 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Authorization of appropriations. 


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Sec. 4. Reaffirmation of space policy. 

Sec. 5. Uninterrupted United States human spaceflight capability. 

Sec. 6. Space shuttle transition. 

Sec. 7. Aerospace skills retention and investment reutilization report. 

Sec. 8. Plan to support operations of the International Space Station beyond 

fiscal year 2015. 

Sec. 9. International Space Station National Laboratory. 

Sec. 10. International Space Station science mission. 

Sec. 11. Sense of Congress on use of Space Life Sciences Laboratory at Kennedy Space Center. 

Sec. 12. Science policy. 

Sec. 13. Aeronautics. 

Sec. 14. Development of enhanced-use lease policy. 

Sec. 15. Study on leasing practices of field centers. 

Sec. 16. Study and report on project assignment and work allocation of field 

centers. 

Sec. 17. Interagency study of commercial space range options. 

Sec. 18. Sense of Congress on reestablishment of National Space Council in 

Executive Office of the President. 

Sec. 19. Review of suborbital mission capabilities. 

Sec. 20. Initiation of discussions on development of framework for space traffic 

management. 

Sec. 21. Study on export control policies related to civil and commercial space 

activities. 

Sec. 22. Near-Earth objects. 

Sec. 23. Enhancement of educational role of National Aeronautics and Space 

Administration. 

Sec. 24. Establishment of Office of Program Analysis and Evaluation. 

Sec. 25. Methane inventory. 

Sec. 26. Reduction-in-force moratorium. 

Sec. 27. Limit on the use of term positions. 

Sec. 28. Protection of scientific credibility, integrity, and communication within 

the National Aeronautics and Space Administration. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) AGENCY.—The term ‘‘Agency’’ means the 

4 National Aeronautics and Space Administration. 

5 (2) ADMINISTRATOR.—The term ‘‘Adminis6 trator’’ means the Administrator of the National 

7 Aeronautics and Space Administration. 

8 (3) APPROPRIATE CONGRESSIONAL COMMIT9 TEES.—The term ‘‘appropriate congressional com10 mittees’’ means— 


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1 (A) the Committee on Commerce, Science, 

2 and Transportation of the Senate; and 

3 (B) the Committee on Science and Tech4 nology of the House of Representatives. 

5 SEC. 3. AUTHORIZATION OF APPROPRIATIONS. 

6 (a) BASELINE AUTHORIZATION.—There is author7 ized to be appropriated to the National Aeronautics and 

8 Space Administration $19,210,000,000 for fiscal year 

9 2009 as follows: 

10 (1) For science, $4,932,200,000, of which— 

11 (A) $1,518,000,000 shall be for earth 

12 science; 

13 (B) $1,483,000,000 shall be for planetary 

14 science; 

15 (C) $1,290,400,000 shall be for astro16 physics; and 

17 (D) $640,800,000 shall be for heliophysics. 

18 (2) For aeronautics, $853,400,000. 

19 (3) For exploration, $3,886,000,000. 

20 (4) For education, $128,300,000. 

21 (5) For space operations, $6,074,700,000. 

22 (6) For cross-agency support programs, 

23 $3,299,900,000. 

24 (7) For the Inspector General of the National 

25 Aeronautics and Space Administration, $35,500,000. 


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1 (b) ADDITIONAL AUTHORIZATION TO ADDRESS

2 HUMAN SPACE FLIGHT GAP.— 

3 (1) IN GENERAL.—In addition to the sums au4 thorized by subsection (a), there is authorized to be 

5 appropriated to accelerate the initial operational ca6 pability of a United States owned human spacecraft 

7 capability, including the Orion Crew Exploration Ve8 hicle, the Ares I Crew Launch Vehicle, or other com9 bination of crew and launch vehicle from a United 

10 States launch provider, and associated ground sup11 port systems, $1,000,000,000 for fiscal year 2009. 

12 Funds authorized by this paragraph shall be ex13 pended in a manner which ensures that there will be 

14 no delay in the development schedule of the Ares 1 

15 Crew Launch Vehicle and Orion Crew Exploration 

16 Vehicle, and no infringement on their primary mis17 sion within the mission architecture defined to im18 plement the Vision for Space Exploration. 

19 (2) AVAILABILITY.—Amounts appropriated pur20 suant to the authorization of appropriations under 

21 paragraph (1) shall remain available until expended. 

22 SEC. 4. REAFFIRMATION OF SPACE POLICY. 

23 Congress hereby affirms its support for— 

24 (1) the broad goals of the space exploration pol25 icy of the United States, including the eventual reVerDate Aug 31 2005 00:46 Jul 17, 2008 Jkt 069200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3270.PCS S3270

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1 turn to and exploration of the Moon and the impor2 tant national imperative of independent access to 

3 space; 

4 (2) the utilization of lunar exploration, includ5 ing the development of habitation capabilities, life 

6 support, mobility systems, and in situ resource ex7 traction, processing, and utilization for future ex8 pansion beyond the lunar environment; 

9 (3) activity related to Mars exploration, particu10 larly for the development and testing of technologies 

11 and mission concepts needed for eventual consider12 ation of optional mission architectures, pursuant to 

13 future authority to proceed with the consideration 

14 and implementation of such architectures; and 

15 (4) international participation and cooperation, 

16 as well as commercial involvement in space explo17 ration activities. 

18 SEC. 5. UNINTERRUPTED UNITED STATES HUMAN 

19 SPACEFLIGHT CAPABILITY. 

20 (a) ENHANCED REPORT ON SPACE SHUTTLE FOL21 LOW-ON.—Section 501(c) of the National Aeronautics and 

22 Space Administration Authorization Act of 2005 (42 

23 U.S.C. 16761(c)) is amended by striking the matter before 

24 paragraph (1) and inserting the following: ‘‘Not later than 

25 90 days after the date of the enactment of the National 


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1 Aeronautics and Space Administration Authorization Act 

2 of 2008, the Administrator shall submit to the appropriate 

3 congressional committees a report on the lack of a United 

4 States human space flight system to replace the Space 

5 Shuttle Orbiter and the ability of the United States to up6 hold the policy described in subsection (a), including a de7 scription of—’’. 

8 (b) LIMITATION ON RETIREMENT OF SPACE SHUT9 TLE ORBITER.—Except as provided in subsection (c), the 

10 Administrator may not retire the Space Shuttle Orbiter 

11 earlier than the later of— 

12 (1) the date of completion of the mission mani13 fest planned as of the date of the enactment of this 

14 Act (including any modification of such manifest 

15 pursuant to this Act or an amendment made by this 

16 Act or any subsequent Act); or 

17 (2) September 30, 2010. 

18 (c) REPORT ON RECERTIFICATION OF SPACE SHUT19 TLE ORBITER.— 

20 (1) IN GENERAL.—Not later than 180 days 

21 after the date of the enactment of this Act, the Ad22 ministrator shall submit to the Committee on Com23 merce, Science, and Transportation and the Com24 mittee on Appropriations of the Senate and the 

25 Committee on Science and Technology and the ComVerDate Aug 31 2005 00:46 Jul 17, 2008 Jkt 069200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3270.PCS S3270

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1 mittee on Appropriations of the House of Represent2 atives a report containing a detailed description of 

3 the steps, and associated costs and schedule for com4 pleting those steps, necessary to recertify the contin5 ued flight-worthiness of the Space Shuttle Orbiter 

6 and associated flight and launch systems to continue 

7 space shuttle flight operations from fiscal year 2011 

8 through fiscal year 2015. 

9 (2) JUSTIFICATION.—The report required by 

10 paragraph (1) shall include justification for any 

11 steps identified in such report as necessary that are 

12 in addition to normal Space Shuttle Orbiter mainte13 nance, upgrades, and flight readiness reviews. 

14 (d) TERMINATION OR SUSPENSION OF ACTIVITIES

15 THAT WOULD PRECLUDE CONTINUED FLIGHT OF SPACE

16 SHUTTLE.— 

17 (1) IN GENERAL.—The Administrator shall ter18 minate or suspend any activity of the Agency that, 

19 if continued, would preclude the continued safe and 

20 effective flight of the Space Shuttle Orbiter after fis21 cal year 2010. 

22 (2) AUTHORIZATION OF APPROPRIATIONS.— 

23 (A) IN GENERAL.—There is authorized to 

24 be appropriated to the Administrator such sums 


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1 as may be necessary to carry out the require2 ments of paragraph (1). 

3 (B) SUPPLEMENT NOT SUPPLANT.—The 

4 amount authorized to be appropriated by sub5 paragraph (A) for the purpose described in that 

6 subparagraph is in addition to amounts author7 ized by section 3(a)(5). 

8 (C) NO DELAY NOR INFRINGEMENT.—Ac9 tions required to be taken by paragraph (d)(1) 

10 of this section shall be taken in a manner which 

11 ensures that there will be no delay in the devel12 opment schedule of the Ares 1 Crew Launch 

13 Vehicle and Orion Crew Exploration Vehicle, 

14 and no infringement on their primary mission 

15 within the mission architecture defined to im16 plement the Vision for Exploration. 

17 (e) COMMERCIAL ORBITAL TRANSPORTATION SERV18 ICE.— 

19 (1) SENSE OF CONGRESS.—It is the sense of 

20 Congress that— 

21 (A) a healthy and robust commercial space 

22 sector can make significant contributions to the 

23 successful conduct of the space exploration pro24 gram of the Agency; 


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1 (B) while some activities are inherently 

2 governmental in nature, there are many other 

3 activities, such as routine supply of water, fuel, 

4 and other consumables to low Earth orbit or to 

5 destinations beyond low Earth orbit and provi6 sion of power or communications services to 

7 lunar outposts, that potentially could be carried 

8 out effectively and efficiently by the commercial 

9 space sector at some point in the future; and 

10 (C) the Administrator should look for such 

11 service opportunities and, to the maximum ex12 tent practicable, make use of the commercial 

13 space sector to provide those services. 

14 (2) ACCELERATION OF CAPABILITIES.— 

15 (A) IN GENERAL.—The Administrator 

16 shall determine the degree to which an increase 

17 in the amounts authorized to be appropriated 

18 under section 3(a)(5) for the Commercial Or19 bital Transportation Services project to be used 

20 by Phase One team members of such project in 

21 fiscal year 2009 would reasonably be expected 

22 to accelerate development of Capabilities A, B, 

23 and C of such project to an effective operations 

24 capability as close to 2010 as possible. 


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1 (B) AUTHORIZATION OF APPROPRIA2 TIONS.— 

3 (i) IN GENERAL.—There are author4 ized to be appropriated to the Adminis5 trator to carry out the accelerated develop6 ment described in subparagraph (A) such 

7 sums as may be necessary for such pur8 pose, for fiscal year 2009. 

9 (ii) SUPPLEMENT NOT SUPPLANT.— 

10 The amount authorized to be appropriated 

11 by clause (i) for the purpose described in 

12 that clause is in addition to amounts au13 thorized by section 3(a)(5). 

14 (3) COMMERCIAL CREW CAPABILITY.— 

15 (A) ESTABLISHMENT OF COMPETITION.— 

16 The Administrator shall establish a competition 

17 for completion of the Commercial Orbital 

18 Transportation Services crewed vehicle dem19 onstration project by September 30, 2011, or as 

20 soon thereafter as is practicable. 

21 (B) ELIGIBILITY FOR PARTICIPATION IN

22 COMPETITION.—To be eligible to participate in 

23 the competition required by subparagraph (A), 

24 a candidate shall provide reasonable assurance, 

25 as determined by the Administrator, that it is 


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1 capable of delivering a crewed vehicle that 

2 meets the requirements as established by the 

3 Administrator within the time frame described 

4 in such subparagraph. 

5 (C) SPACE ACT AGREEMENTS.—The Ad6 ministrator shall enter into Space Act Agree7 ments with not less than 2 teams for the com8 petition required by subparagraph (A). 

9 (D) AUTHORIZATION OF APPROPRIA10 TIONS.— 

11 (i) IN GENERAL.—There is authorized 

12 to be appropriated to the Administrator to 

13 carry out the activities required by this 

14 paragraph $150,000,000 for fiscal year 

15 2009. 

16 (ii) AVAILABILITY.—Amounts appro17 priated pursuant to the authorization of 

18 appropriations under clause (i) shall re19 main available until expended. 

20 (iii) SUPPLEMENT NOT SUPPLANT.— 

21 The amount authorized to be appropriated 

22 by clause (i) for the purpose described in 

23 that clause is in addition to amounts au24 thorized by section 3(a)(5). 


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1 SEC. 6. SPACE SHUTTLE TRANSITION. 

2 (a) DISPOSITION OF SHUTTLE-RELATED ASSETS.— 

3 (1) IN GENERAL.—Not later than 90 days after 

4 the date of the enactment of this Act, the Adminis5 trator shall submit to Congress a plan for the dis6 position of the remaining Space Shuttle Orbiters and 

7 other Space Shuttle program-related hardware and 

8 facilities after the retirement of the Space Shuttle 

9 fleet. 

10 (2) PLAN REQUIREMENTS.—The plan sub11 mitted under paragraph (1) shall include a descrip12 tion of a process by which educational institutions, 

13 science museums, and other appropriate organiza14 tions may acquire, through loan or disposal by the 

15 Federal Government, Space Shuttle program hard16 ware. 

17 (3) PROHIBITION ON DISPOSITION BEFORE

18 COMPLETION OF PLAN.—The Administrator shall 

19 not dispose of any Space Shuttle program hardware 

20 before the plan required by paragraph (1) is sub21 mitted to Congress. 

22 (b) SPACE SHUTTLE TRANSITION LIAISON OF23 FICE.— 

24 (1) ESTABLISHMENT.—The Administrator shall 

25 establish a Space Shuttle Transition Liaison Office 

26 within the Office of Human Capital Management of 


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1 the Agency to assist local communities affected by 

2 the termination of the Space Shuttle program in 

3 mitigating the negative impacts on such commu4 nities caused by such termination. 

5 (2) MANNER OF ASSISTANCE.—In providing as6 sistance under paragraph (1), the office established 

7 under such paragraph shall— 

8 (A) offer technical assistance to commu9 nities described in such paragraph to assist in 

10 the mitigation described in such paragraph; and 

11 (B) serve as a clearinghouse to assist such 

12 communities in identifying services available 

13 from other Federal agencies to assist in such 

14 mitigation. 

15 (3) TERMINATION OF OFFICE.—The office es16 tablished under paragraph (1) shall terminate 2 

17 years after the completion of the last mission of a 

18 Space Shuttle Orbiter. 

19 SEC. 7. AEROSPACE SKILLS RETENTION AND INVESTMENT 

20 REUTILIZATION REPORT. 

21 (a) IN GENERAL.—The Administrator shall, in co22 operation with the heads of other Federal agencies, includ23 ing the Secretary of Commerce, the Secretary of Defense, 

24 the Secretary of Energy, the Secretary of Homeland Secu25 rity, and the Secretary of Transportation— 


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1 (1) carry out an analysis of the facilities and 

2 human capital resources that will become available 

3 as a result of the retirement of the Space Shuttle 

4 program; and 

5 (2) identify on-going or future Federal pro6 grams and projects that could use such facilities and 

7 resources. 

8 (b) REPORT.—Not later than 180 days after the date 

9 of the enactment of this Act, the Administrator shall sub10 mit to the appropriate congressional committees a re11 port— 

12 (1) on the analysis required by paragraph (1) 

13 of subsection (a), including the findings of the Ad14 ministrator with respect to such analysis; and 

15 (2) describing the programs and projects identi16 fied under paragraph (2) of such subsection. 

17 SEC. 8. PLAN TO SUPPORT OPERATIONS OF THE INTER18 NATIONAL SPACE STATION BEYOND FISCAL 

19 YEAR 2015. 

20 (a) IN GENERAL.—Not later than 120 days after the 

21 date of the enactment of this Act, the Administrator shall 

22 submit to the appropriate congressional committees a plan 

23 to support the operations of the International Space Sta24 tion beyond fiscal year 2015 for a period of not less than 

25 5 years. 


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1 (b) CONTENT.—The plan required by subsection (a) 

2 shall include the following: 

3 (1) A list of critical hardware necessary to sup4 port International Space Station operations and 

5 nonexploration-related research through the year 

6 2020. 

7 (2) Specific known or anticipated maintenance 

8 actions that would need to be performed to support 

9 International Space Station operations and research 

10 as described in paragraph (1). 

11 (3) A list and description of the flight cargo 

12 manifest, including potential vehicles that will deliver 

13 such cargo, to support the International Space Sta14 tion after the retirement of the Space Shuttle Or15 biter and through the year 2020. 

16 (4) The budget assumptions made for carrying 

17 out such plan. 

18 SEC. 9. INTERNATIONAL SPACE STATION NATIONAL LAB19 ORATORY. 

20 (a) MANAGEMENT AND TRANSPORTATION.— 

21 (1) PLAN AND BUDGET.—Not later than 60 

22 days after the date of the enactment of this Act, the 

23 Administrator shall submit to the appropriate con24 gressional committees— 


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1 (A) a plan for continuing the activities de2 scribed in the operation plan of the Inter3 national Space Station National Laboratory 

4 submitted to Congress in May, 2007, under sec5 tion 507 of the National Aeronautics and Space 

6 Administration Authorization Act of 2005 (42 

7 U.S.C. 16767); and 

8 (B) a budget plan that reflects the antici9 pated use of such activities and the projected 

10 amounts to be required for fiscal years 2010 

11 through 2020 to accomplish the objectives of 

12 the activities described in subparagraph (A). 

13 (2) INTERNATIONAL SPACE STATION UTILIZA14 TION ADVISORY COMMITTEE.— 

15 (A) ESTABLISHMENT.—The Administrator 

16 shall establish a committee to be known as the 

17 ‘‘International Space Station Utilization Advi18 sory Committee’’ (in this paragraph referred to 

19 as the ‘‘Committee’’). 

20 (B) MEMBERSHIP.— 

21 (i) COMPOSITION.—The Committee 

22 shall be composed of not less than 11 indi23 viduals representing non-Agency govern24 ment or private entities who have formal 

25 agreements with the Agency to utilize the 


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1 United States portion of the International 

2 Space Station, including allocations within 

3 partner elements. 

4 (ii) CHAIR.—The Administrator shall 

5 appoint a chair from among the members 

6 of the Committee, who shall serve for a 2- 

7 year term. 

8 (C) DUTIES OF THE COMMITTEE.— 

9 (i) IN GENERAL.—The Committee 

10 shall make assessments and recommenda11 tions regarding effective utilization of the 

12 International Space Station as a national 

13 laboratory and platform for research. 

14 (ii) ANNUAL REPORT.—The Com15 mittee shall submit to the Administrator, 

16 on an annual basis or more frequently as 

17 considered necessary by a majority of the 

18 members of the Committee, a report con19 taining the assessments and recommenda20 tions required by clause (i). 

21 (D) DURATION.—The Committee shall 

22 exist for the life of the International Space Sta23 tion. 

24 (b) PLAN FOR AN APPROPRIATE STRUCTURE FOR

25 MANAGEMENT OF NATIONAL LABORATORY RESEARCH.— 


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1 (1) PLAN REQUIRED.—Not later than 90 days 

2 after the date of the enactment of this Act, the Ad3 ministrator shall develop and submit to the appro4 priate congressional committees an implementation 

5 plan for an appropriate structure for management of 

6 national laboratory research. 

7 (2) SUPPORT FOR DEVELOPMENT OF PLAN AU8 THORIZED.—The Administrator may request the 

9 support of the National Academy of Sciences or 

10 other appropriate entity, including an external con11 sultant, in developing the plan required by para12 graph (1). 

13 (3) AUTHORIZATION OF APPROPRIATIONS.— 

14 (A) IN GENERAL.—There is authorized to 

15 be appropriated to the Administrator such sums 

16 as may be necessary to carry out this sub17 section. 

18 (B) SUPPLEMENT NOT SUPPLANT.—The 

19 amount authorized to be appropriated by sub20 paragraph (A) for the purpose specified in that 

21 subparagraph is in addition to amounts author22 ized by section 3. 

23 (c) RESEARCH FUND.— 

24 (1) ESTABLISHMENT OF FUND.—There is es25 tablished in the Treasury of the United States a 


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1 fund to be known as the ‘‘International Space Sta2 tion Research Fund’’. 

3 (2) PURPOSE.—Amounts in the International 

4 Space Station Research Fund shall be available to 

5 the Administrator— 

6 (A) to underwrite research in partnership 

7 with entities with which the Administrator has 

8 established memoranda of understanding re9 garding the research and scientific uses of the 

10 International Space Station National Labora11 tory; and 

12 (B) to support research hardware develop13 ment, ground test and flight qualification, pay14 load integration, and transportation costs for 

15 experiments to the International Space Station. 

16 (3) PRIVATE SECTOR INVESTMENT.—The Sec17 retary of the Treasury is authorized to accept con18 tributions to the International Space Station Re19 search Fund from private sector entities and trans20 fers of funds from other Federal agencies. 

21 (4) AUTHORIZATION OF APPROPRIATIONS.— 

22 (A) IN GENERAL.—There is authorized to 

23 be appropriated to the International Space Sta24 tion Research Fund $200,000,000. 


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1 (B) AVAILABILITY.—Amounts appro2 priated pursuant to the authorization of appro3 priations under subparagraph (A) shall remain 

4 available until expended. 

5 SEC. 10. INTERNATIONAL SPACE STATION SCIENCE MIS6 SION. 

7 (a) IN GENERAL.—The Administrator shall plan and 

8 conduct a Space Shuttle mission, in addition to any mis9 sions scheduled as of the date of the enactment of this 

10 Act, to be undertaken within the planned operational life11 time of the Space Shuttle program, for the scientific utili12 zation of the International Space Station National Lab13 oratory. 

14 (b) MISSION.— 

15 (1) IN GENERAL.—The purpose of the mission 

16 required to be planned under subsection (a) shall be 

17 to ensure the active use of the United States portion 

18 of the International Space Station as a National 

19 Laboratory by the delivery of launch-ready scientific 

20 payloads, such as the alpha magnetic spectrometer, 

21 to the Space Station as soon as the assembly of the 

22 International Space Station is completed. 

23 (2) CORE PAYLOAD.—The planned core pay24 loads for the mission shall be— 

25 (A) the alpha magnetic spectrometer; and 


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1 (B) a single spacehab module, middeck2 sized scientific payloads, or other scientific pay3 load and related support equipment, whichever 

4 is most practicable. 

5 (3) DEVELOPMENT AND COSTS OF EXPERI6 MENTS.— 

7 (A) DEVELOPMENT OF MODULES BY

8 OTHER FEDERAL AGENCIES.—The plan re9 quired by subsection (a) shall include utilization 

10 of the spacehab module or shuttle middeck11 sized capacity by payloads consisting of experi12 ments developed under memoranda of under13 standing between the Administrator and the 

14 heads of other Federal agencies. 

15 (B) COSTS OF DEVELOPING, PREPARING, 

16 AND INTEGRATING EXPERIMENTS.—The plan 

17 shall require each agency described in subpara18 graph (A) to be responsible for— 

19 (i) payment of the costs of developing 

20 and preparing the experiments described in 

21 subparagraph (A) for launch; and 

22 (ii) sharing the cost associated with 

23 the integration of such experiments into 

24 the mission payload with other such agen25 cies. 


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1 (4) OTHER EXPERIMENTS.— 

2 (A) IN GENERAL.—In developing the plan 

3 required by subsection (a), the Administrator 

4 may consider experiments in addition to those 

5 described in paragraph (3) for the planned mis6 sion if such additional experiments do not re7 quire, in the aggregate, more than 25 percent 

8 of available payload capacity, including a cat9 egory of experiments designated as ‘‘Direct 

10 Rapid Science’’. 

11 (B) ELIGIBILITY.—To be eligible for con12 sideration under this paragraph for incorpora13 tion into the plan, an experiment shall— 

14 (i) have an existing principle investi15 gator; 

16 (ii) have already undergone feasibility 

17 demonstrations and flight selection in a 

18 previous Agency space station research se19 lection process; and 

20 (iii) be considered by the Adminis21 trator to have significant research poten22 tial. 

23 (c) REPORT.—Not later than 90 days after the date 

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1 mit to the appropriate congressional committees a report 

2 containing the following: 

3 (1) The plan required by subsection (a). 

4 (2) An estimate of the total cost of imple5 menting such plan. 

6 (3) Assurance that implementation of the plan 

7 will not have a negative impact on— 

8 (A) development of the Orion Crew Explo9 ration Vehicle and the Ares I launch vehicles; or 

10 (B) any other shuttle mission intended to 

11 assemble, equip, or supply the International 

12 Space Station. 

13 (d) AUTHORIZATION OF APPROPRIATIONS.— 

14 (1) IN GENERAL.—There is authorized to be 

15 appropriated to the Administrator such sums as may 

16 be necessary to carry out this section. 

17 (2) SUPPLEMENT NOT SUPPLANT.—The 

18 amount authorized to be appropriated by paragraph 

19 (1) for the purpose described in that paragraph is 

20 in addition to amounts authorized by section 3. 

21 SEC. 11. SENSE OF CONGRESS ON USE OF SPACE LIFE 

22 SCIENCES LABORATORY AT KENNEDY SPACE 

23 CENTER. 

24 It is the sense of Congress that— 


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1 (1) the Space Life Sciences Laboratory at Ken2 nedy Space Center represents a key investment and 

3 asset in the International Space Station National 

4 Laboratory capability; and 

5 (2) such laboratory should be utilized to the 

6 maximum extent practicable in processing, pre7 paring, monitoring, and validating life science ex8 periments to be conducted on-board the Inter9 national Space Station. 

10 SEC. 12. SCIENCE POLICY. 

11 (a) SCIENTIFIC RESEARCH IN GENERAL.— 

12 (1) REAFFIRMATION OF SUPPORT.—Congress 

13 reaffirms its support for the well-balanced support of 

14 scientific research by the Agency. 

15 (2) SENSE OF CONGRESS.—It is the sense of 

16 Congress that the science policy of the Agency 

17 should emphasize— 

18 (A) fundamental and basic research; and 

19 (B) the transition of scientific and re20 search findings and output to nongovernmental 

21 entities for purpose of application development. 

22 (b) NANOTECHNOLOGY.— 

23 (1) REAFFIRMATION OF SUPPORT.—Congress 

24 reaffirms its support for research and development 

25 and application of nanotechnology by the Agency. 


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1 (2) SENSE OF CONGRESS.—It is the sense of 

2 Congress that the nanotechnology policy of the 

3 Agency should make use where appropriate of ongo4 ing research and development in green nanoscience 

5 and nanomanufacturing to support the mission of 

6 the Agency. 

7 SEC. 13. AERONAUTICS. 

8 (a) SENSE OF CONGRESS.—It is the sense of Con9 gress that— 

10 (1) aeronautics research continues to be an im11 portant core element of the Agency mission and 

12 should be supported; 

13 (2) Agency aeronautics research should be guid14 ed by and consistent with the national policy to 

15 guide aeronautics research and development pro16 grams of the United States developed in accordance 

17 with section 101(c) of the National Aeronautics and 

18 Space Administration Authorization Act of 2005 (42 

19 U.S.C. 16611); 

20 (3) Congress approves of the restructuring, by 

21 the Agency, of its aeronautics research programs 

22 with the aim of providing long-term stability and 

23 focus on high-quality innovative research that pro24 duces ideas, capabilities, and technologies that are 


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1 critical enablers for the long-term technological lead2 ership of the United States; and 

3 (4) technologies developed by the Agency as de4 scribed in paragraph (2) would help to secure the 

5 leadership role of the United States in global avia6 tion and greatly enhance competitiveness of the 

7 United States in aeronautics in the future. 

8 (b) ENVIRONMENTALLY FRIENDLY AIRCRAFT RE9 SEARCH AND DEVELOPMENT INITIATIVE.— 

10 (1) IN GENERAL.—The Administrator shall, in 

11 collaboration with the Administrator of the Federal 

12 Aviation Administration, establish an initiative of re13 search, development, and demonstration of tech14 nologies to achieve the environmental goals delin15 eated in the Energy and Environment component of 

16 the National Plan for Aeronautics Research and De17 velopment and Related Infrastructure submitted to 

18 the President in accordance with Executive Order 

19 13419, with— 

20 (A) a focus by the Administrator on 

21 foundational research to enable new aircraft 

22 technologies and alternative fuels that are con23 sistent with such goals; and 


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1 (B) complementary focus by the Adminis2 trator of the Federal Aviation Administration 

3 on maturing such technologies and fuels. 

4 (2) CHARACTERISTICS.—The initiative required 

5 by paragraph (1) shall seek to enable the following 

6 commercial aircraft performance characteristics: 

7 (A) Noise levels on takeoff and on airport 

8 approach and landing that do not exceed ambi9 ent noise levels in the absence of flight oper10 ations in the vicinity of airports from which 

11 such commercial aircraft would normally oper12 ate, without increasing energy consumption or 

13 nitrogen oxide emissions compared to aircraft in 

14 commercial service as of the date of the enact15 ment of this Act. 

16 (B) Significant reductions in greenhouse 

17 gas emissions compared to aircraft in commer18 cial services as of the date of the enactment of 

19 this Act. 

20 (c) RESEARCH ALIGNMENT.—In addition to pursuing 

21 the research and development initiative described in sub22 section (b)(1), the Administrator shall, to the maximum 

23 extent practicable using available funding, align the funda24 mental aeronautics research program of the Agency to ad25 dress high-priority technology challenges described in the 


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1 2006 report of the National Research Council entitled 

2 ‘‘Decadal Survey of Civil Aeronautics’’. 

3 (d) RESEARCH PROGRAM TO DETERMINE PER4 CEIVED IMPACT OF SONIC BOOMS.— 

5 (1) SENSE OF CONGRESS.—It is the sense of 

6 Congress that— 

7 (A) the ability to fly commercial aircraft 

8 over land at supersonic speeds without adverse 

9 impacts on the environment or on local commu10 nities would open new markets and enable new 

11 transportation capabilities; and 

12 (B) in order to have the basis for estab13 lishing an appropriate sonic boom standard for 

14 such flight operations, a research program is 

15 needed to assess the impact of sonic booms in 

16 a relevant environment of commercial super17 sonic flight operations. 

18 (2) ESTABLISHMENT OF RESEARCH PROGRAM

19 REQUIRED.—The Administrator shall establish a co20 operative research program with industry and other 

21 stakeholders, including the conduct of flight dem22 onstrations in a relevant environment, to collect data 

23 on the perceived impact of sonic booms. The data 

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1 ards for overland commercial supersonic flight oper2 ations. 

3 (3) COORDINATION OF SONIC BOOM RE4 SEARCH.—The Administrator shall ensure that sonic 

5 boom research is coordinated with the Administrator 

6 of the Federal Aviation Administration and, to the 

7 maximum extent practicable, make use of the exper8 tise of the Partnership for Air Transportation Noise 

9 and Emissions Reduction Center of Excellence spon10 sored by the Federal Aviation Administration and 

11 the Agency. 

12 (e) EXTERNAL REVIEW OF AVIATION SAFETY-RE13 LATED RESEARCH PROGRAMS OF THE NATIONAL AERO14 NAUTICS AND SPACE ADMINISTRATION.— 

15 (1) REVIEW.—The Administrator shall enter 

16 into an arrangement with the National Research 

17 Council for an independent review of the aviation 

18 safety-related research programs of the Agency. The 

19 review shall assess the following: 

20 (A) Whether such programs have well-de21 fined, prioritized, and appropriate research ob22 jectives. 

23 (B) Whether such programs are properly 

24 coordinated with the safety research programs 


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1 of the Federal Aviation Administration and 

2 other relevant Federal agencies. 

3 (C) Whether such programs have allocated 

4 appropriate resources to accomplish research 

5 objectives. 

6 (D) Whether suitable mechanisms exist for 

7 transitioning the research results from such 

8 programs into operational technologies and pro9 cedures and certification activities in a timely 

10 manner. 

11 (2) REPORT.—Not later than 18 months after 

12 the date of the enactment of this Act, the Adminis13 trator shall submit to the appropriate congressional 

14 committees a report on the results of the review re15 quired by paragraph (1). 

16 (f) IMPLEMENTATION OF CLIMATE CHANGE RE17 SEARCH INITIATIVE.— 

18 (1) IN GENERAL.—Not later than 1 year after 

19 the date of the enactment of this Act, the Adminis20 trator shall, in coordination with the Global Change 

21 Research Program established under section 103 of 

22 the Global Change Research Act of 1990 (15 U.S.C. 

23 2933) and other appropriate agencies, implement 

24 the Climate Change Research Initiative as described 

25 in the report of the U.S. Climate Change Science 


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1 Program for fiscal year 2008 entitled ‘‘Our Chang2 ing Planet’’. 

3 (2) RESEARCH PLAN FOR THE INITIATIVE.— 

4 Not later than 1 year after the date of the enact5 ment of this Act, the Federal entities implementing 

6 the Climate Change Research Initiative described in 

7 paragraph (1) shall review such initiative and ensure 

8 that such initiative includes a research plan that in9 cludes— 

10 (A) objectives; 

11 (B) proposed tasks; 

12 (C) milestones; and 

13 (D) a 5-year budgetary profile. 

14 (3) REVIEW OF RESEARCH INITIATIVE.— 

15 (A) IN GENERAL.—The Administrator 

16 shall enter into an arrangement with the Na17 tional Research Council to conduct an inde18 pendent review of the Climate Change Research 

19 Initiative described in paragraph (1). 

20 (B) REPORT.—Not later than 2 years after 

21 the date of the enactment of this Act, the Ad22 ministrator shall submit to the appropriate con23 gressional committees a report on the results of 

24 the review conducted under subparagraph (A). 


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1 (g) FUNDING FOR RESEARCH AND DEVELOPMENT

2 ACTIVITIES IN SUPPORT OF OTHER MISSION DIREC3 TORATES.—Research and development activities per4 formed by the Aeronautics Research Mission Directorate 

5 of the Agency with the primary objective of assisting in 

6 the development of a flight project in another Mission Di7 rectorate of the Agency shall be funded by the Mission 

8 Directorate seeking assistance. 

9 (h) ENHANCEMENT OF GRANT PROGRAM ON ESTAB10 LISHMENT OF UNIVERSITY-BASED CENTERS FOR RE11 SEARCH ON AVIATION TRAINING.—Section 427(a) of the 

12 National Aeronautics and Space Administration Author13 ization Act of 2005 (42 U.S.C. 16727(a)) is amended by 

14 striking ‘‘may’’ and inserting ‘‘shall’’. 

15 SEC. 14. DEVELOPMENT OF ENHANCED-USE LEASE POLICY. 

16 (a) IN GENERAL.—The Administrator shall develop 

17 an agency-wide enhanced-use lease policy that— 

18 (1) is based upon sound business practices and 

19 lessons learned from the demonstration centers; and 

20 (2) establishes controls and procedures to en21 sure accountability and protect the interests of the 

22 Government. 

23 (b) CONTENTS.—The policy required by subsection 

24 (a) shall include the following: 


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1 (1) Criteria for determining whether enhanced2 use lease provides better economic value to the Gov3 ernment than other options, such as— 

4 (A) Federal financing through appropria5 tions; or 

6 (B) sale of the property. 

7 (2) Measures of effectiveness for the enhanced8 use lease program. 

9 (3) Accounting controls and procedures to en10 sure accountability, such as an audit trail and docu11 mentation to readily support financial transactions. 

12 (c) ENHANCED ANNUAL REPORT.—Section 315(f) of 

13 the National Aeronautics and Space Administration Act 

14 of 1958 (42 U.S.C. 2459j(f)) is amended by adding at 

15 the end the following: ‘‘Such report shall include the fol16 lowing: 

17 ‘‘(1) Information that identifies and quantifies 

18 the value of the arrangements and expenditures of 

19 revenues received under this section. 

20 ‘‘(2) The availability and use of funds received 

21 under this section for the Agency’s operating 

22 plans.’’. 

23 (d) DISTRIBUTION OF CASH CONSIDERATION RE24 CEIVED.— 


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1 (1) IN GENERAL.—Section 315(b)(3)(B) of 

2 such Act (42 U.S.C. 2459j(b)(3)(B)) is amended to 

3 read as follows: 

4 ‘‘(B) Of any amounts of cash consideration re5 ceived under this subsection that are not utilized in 

6 accordance with subparagraph (A)— 

7 ‘‘(i) 20 percent shall be deposited in a cap8 ital asset account to be established by the Ad9 ministrator, shall be available for maintenance, 

10 capital revitalization, and improvements of the 

11 real property assets and related personal prop12 erty under the jurisdiction of the Administrator, 

13 and shall remain available until expended; and 

14 ‘‘(ii) the remaining 80 percent shall be 

15 available to the respective center or facility of 

16 the Administration engaged in the lease of non17 excess real property, and shall remain available 

18 until expended.’’. 

19 (2) CONFORMING AMENDMENTS.—Section 533 

20 of the Consolidated Appropriations Act, 2008 (Pub21 lic Law 110–161; 121 Stat. 1931) is amended— 

22 (A) by striking subsection (b)(4)(A); and 

23 (B) in subsection (d), by striking ‘‘the fol24 lowing’’ and all that follows through ‘‘The auVerDate Aug 31 2005 00:46 Jul 17, 2008 Jkt 069200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\S3270.PCS S3270

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1 thority to enter’’ and inserting the following: 

2 ‘‘the following new subsection (g): 

3 ‘‘ ‘(g) SUNSET.—The authority to enter’’. 

4 SEC. 15. STUDY ON LEASING PRACTICES OF FIELD CEN5 TERS. 

6 (a) STUDY.—Not later than 180 days after the date 

7 of the enactment of this Act, the Administrator shall com8 plete a study on the leasing practices of all field centers 

9 of the Agency, including the Michoud Assembly Facility. 

10 Such study shall include the following: 

11 (1) The method by which overhead maintenance 

12 expenses are distributed among tenants of such field 

13 centers. 

14 (2) Identification of the impacts of such method 

15 on attracting businesses and partnerships to such 

16 field centers. 

17 (3) Identification of the steps that can be taken 

18 to mitigate any adverse impacts identified under 

19 paragraph (2). 

20 (b) REPORT.—Not later than 180 days after the date 

21 of the enactment of this Act, the Administrator shall sub22 mit to the appropriate congressional committees a report 

23 on the study required by subsection (a), including the fol24 lowing: 


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1 (1) The findings of the Administrator with re2 spect to such study. 

3 (2) A description of the impacts identified 

4 under subsection (a)(2). 

5 (3) The steps identified under subsection 

6 (a)(3). 

7 SEC. 16. STUDY AND REPORT ON PROJECT ASSIGNMENT 

8 AND WORK ALLOCATION OF FIELD CENTERS. 

9 (a) STUDY.— 

10 (1) IN GENERAL.—Not later than 180 days 

11 after the date of the enactment of this Act, the Ad12 ministrator shall complete a study of all field centers 

13 of the Agency, including the Michoud Assembly Fa14 cility. 

15 (2) MATTERS STUDIED.—The study required by 

16 paragraph (1) shall include the following: 

17 (A) The mission and future roles and re18 sponsibilities of the field centers described in 

19 paragraph (1). 

20 (B) How and where design, development, 

21 test, and evaluation work and research and de22 velopment work and assignments can augment 

23 the activities planned for such field centers that 

24 have traditionally been engaged primarily in op25 erations efforts. 


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1 (b) REPORT.— 

2 (1) IN GENERAL.—Not later than 180 days 

3 after the date of the enactment of this Act, the Ad4 ministrator shall submit to the appropriate congres5 sional committees a report on the study required by 

6 subsection (a)(1). 

7 (2) CONTENT.—The report required by para8 graph (1) shall include the following: 

9 (A) A comprehensive analysis of the work 

10 allocation of all field centers of the Agency, in11 cluding the Michoud Assembly Facility. 

12 (B) A description of the program and 

13 project roles, functions, and activities assigned 

14 to each field center. 

15 (C) Details how field centers are selected 

16 and designated for lead and support role work 

17 assignments (including program and contract 

18 management assignments). 

19 (D) A description of how the portfolios of 

20 field centers described in subsection (a)(2)(B) 

21 can be diversified with— 

22 (i) design, development, test, and eval23 uation assignments; and 

24 (ii) research and development assign25 ments. 


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1 SEC. 17. INTERAGENCY STUDY OF COMMERCIAL SPACE 

2 RANGE OPTIONS. 

3 (a) STUDY BY INTERAGENCY COMMISSION.—The Ad4 ministrator shall, in consultation with the Secretary of 

5 Transportation, the Secretary of Defense, and other ap6 propriate Federal Government officials, establish an inter7 agency commission to conduct a study— 

8 (1) to identify the issues and challenges associ9 ated with establishing a space launch range and fa10 cilities, in close proximity to the Eastern Range, 

11 that are fully dedicated to commercial space mis12 sions; and 

13 (2) to develop, in consultation with other appro14 priate State and Federal governmental entities, a 

15 critical path schedule for establishing the range and 

16 facilities described in paragraph (1). 

17 (b) REPORT.—Not later than December 31, 2009, 

18 the Administrator shall submit to the appropriate congres19 sional committees a report on the results of the study con20 ducted under subsection (a). 

21 SEC. 18. SENSE OF CONGRESS ON REESTABLISHMENT OF 

22 NATIONAL SPACE COUNCIL IN EXECUTIVE 

23 OFFICE OF THE PRESIDENT. 

24 It is the sense of Congress that the President should 

25 appoint members to the National Space Council in accord26 ance with section 501 of the National Aeronautics and 


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1 Space Administration Authorization Act, Fiscal Year 

2 1989 (42 U.S.C. 2471). 

3 SEC. 19. REVIEW OF SUBORBITAL MISSION CAPABILITIES. 

4 (a) IN GENERAL.—Not later than 120 days after the 

5 date of the enactment of this Act, the Administrator shall 

6 conduct a review of the suborbital mission capabilities of 

7 the Agency. 

8 (b) MATTERS REVIEWED.—The review required by 

9 subsection (a) shall include a review of the following: 

10 (1) Existing programs that make use of sub11 orbital flights. 

12 (2) Existing or planned launch facilities for 

13 suborbital missions. 

14 (3) Opportunities for scientific research, train15 ing, and educational collaboration in the conduct of 

16 suborbital missions by the Agency. 

17 (c) REPORT.— 

18 (1) IN GENERAL.—Not later than 120 days 

19 after the date of the enactment of this Act, the Ad20 ministrator shall submit to the appropriate congres21 sional committees a report on the review required by 

22 subsection (a). 

23 (2) CONTENTS.—The report required by para24 graph (1) shall include the following: 


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1 (A) A summary of the review required by 

2 subsection (a). 

3 (B) The findings of the Administrator with 

4 respect to such review. 

5 (C) Recommendations regarding the 

6 growth of suborbital launch programs con7 ducted by the Agency. 

8 (D) The steps necessary to ensure such 

9 programs are conducted using domestic launch 

10 facilities to the maximum extent feasible, in11 cluding any rationale and justification for using 

12 nondomestic facilities for such missions. 

13 SEC. 20. INITIATION OF DISCUSSIONS ON DEVELOPMENT 

14 OF FRAMEWORK FOR SPACE TRAFFIC MAN15 AGEMENT. 

16 (a) FINDING.—Congress finds that as more countries 

17 acquire the capability for launching payloads into outer 

18 space, there is an increasing need for a framework under 

19 which information intended to promote safe access into 

20 outer space, operations in outer space, and return from 

21 outer space to Earth free from physical or radio-frequency 

22 interference can be shared among those countries. 

23 (b) DISCUSSIONS.—The Administrator shall, in con24 sultation with such other agencies of the Federal Govern25 ment as the Administrator considers appropriate, initiate 


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1 discussions with the appropriate representatives of other 

2 space-faring countries to determine an appropriate frame3 work under which information intended to promote safe 

4 access into outer space, operations in outer space, and re5 turn from outer space to Earth free from physical or 

6 radio-frequency interference can be shared among those 

7 nations. 

8 SEC. 21. STUDY ON EXPORT CONTROL POLICIES RELATED 

9 TO CIVIL AND COMMERCIAL SPACE ACTIVI10 TIES. 

11 (a) REVIEW.—Not later than 270 days after the date 

12 of the enactment of this Act, the Director of the Office 

13 of Science and Technology Policy, in coordination with the 

14 Secretary of State, shall carry out a study on the impact 

15 of current export control policies and implementation di16 rectives on— 

17 (1) national security; 

18 (2) the United States aerospace industry and 

19 the competitiveness of such industry in global mar20 kets; and 

21 (3) the ability of Federal agencies to carry out 

22 cooperative activities in science and technology and 

23 human space flight, including the impact on research 

24 carried out under the sponsorship of such agencies. 


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1 (b) NATIONAL SECURITY CONSIDERATIONS.—In car2 rying out the study, the Director shall assess and evaluate 

3 the impacts described in paragraphs (2) and (3) of sub4 section (a) with national security concerns and needs. Any 

5 recommendations included in the report required by sub6 section (d) shall include a description of the risk to and 

7 implications for national security. 

8 (c) CONSULTATION.—In carrying out the study re9 quired by subsection (a), the Director shall seek input 

10 from representatives of the following: 

11 (1) Industry. 

12 (2) Academia. 

13 (3) The science community. 

14 (4) All affected Federal agencies. 

15 (5) Such other organizations and individuals as 

16 the Director considers appropriate. 

17 (d) REPORT.—Not later than 270 days after the date 

18 of the enactment of this Act, the Director shall submit 

19 to the appropriate congressional committees a report on 

20 the findings of the Director with respect to the study re21 quired by subsection (a), including any recommendations 

22 of the Director with respect to the matter covered by such 

23 study. 


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1 SEC. 22. NEAR-EARTH OBJECTS. 

2 (a) REAFFIRMATION OF POLICY ON SURVEYING

3 NEAR-EARTH ASTEROIDS AND COMETS.—Congress reaf4 firms the policy set forth in section 102(g) of the National 

5 Aeronautics and Space Act of 1958 (42 U.S.C. 2451(g)) 

6 (relating to surveying near-Earth asteroids and comets). 

7 (b) AFFIRMATION OF SUPPORT OF NEAR-EARTH OB8 JECT SURVEY.—Congress affirms its support of the Near9 Earth Object Survey program required by section 

10 321(d)(1) of the National Aeronautics and Space Admin11 istration Authorization Act of 2005 (42 U.S.C. 

12 16691(d)(1)). 

13 (c) SENSE OF CONGRESS ON BENEFITS OF NEAR14 EARTH OBJECT PROGRAM ACTIVITIES.—It is the sense 

15 of Congress that the near-Earth object program activities 

16 of the Agency will provide benefits to the scientific and 

17 exploration activities of the Agency. 

18 (d) REQUESTS FOR INFORMATION.—The Adminis19 trator shall issue requests for information on— 

20 (1) a low-cost space mission with the purpose of 

21 a rendez-vous with and characterization of the 

22 Apophis asteroid; and 

23 (2) a medium-sized space mission with the pur24 pose of detecting near-Earth objects equal to or 

25 greater than 140 meters in diameter. 


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1 (e) ESTABLISHMENT OF POLICY WITH RESPECT TO

2 THREATS POSED BY NEAR-EARTH OBJECTS.—The Direc3 tor of the Office of Science and Technology Policy shall— 

4 (1) develop a policy for notifying Federal agen5 cies and relevant emergency response institutions of 

6 an impending near-Earth object threat, if near term 

7 public safety is at risk; and 

8 (2) recommend a Federal agency or agencies to 

9 be responsible for— 

10 (A) protecting the United States from a 

11 near-Earth object that is expected to collide 

12 with Earth; and 

13 (B) implementing a deflection campaign, in 

14 consultation with international bodies, should 

15 one be necessary. 

16 (f) PLANETARY RADAR CAPABILITY.—The Adminis17 trator shall maintain a planetary radar that is comparable 

18 to the capability provided through the Deep Space Net19 work Goldstone facility of the Agency. 

20 SEC. 23. ENHANCEMENT OF EDUCATIONAL ROLE OF NA21 TIONAL AERONAUTICS AND SPACE ADMINIS22 TRATION. 

23 (a) DEVELOPMENT OF PLAN FOR UTILIZATION OF

24 INTERNATIONAL SPACE STATION IN SUPPORT OF EDU25 CATION ACTIVITIES.— 


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1 (1) IN GENERAL.—Not later than 120 days 

2 after the date of the enactment of this Act, the Ad3 ministrator shall develop and submit to the appro4 priate congressional committees a plan for utilization 

5 of the International Space Station in support of edu6 cational activities in the areas of science, technology, 

7 engineering, and mathematics. 

8 (2) USE OF PRIOR REPORT.—In developing the 

9 plan required by paragraph (1), the Administrator 

10 shall use the report submitted to Congress under 

11 section 507(c) of the National Aeronautics and 

12 Space Administration Authorization Act of 2005 (42 

13 U.S.C. 16767(c)) entitled ‘‘NASA Report to Con14 gress Regarding a Plan for the International Space 

15 Station National Laboratory’’ and dated May 2007, 

16 with special emphasis on the findings of the Inter17 Agency Task Force on International Space Station 

18 National Laboratory Concept Development, dated 

19 December 2006 and included in such report. 

20 (b) SUPPORT OF SOUNDING-ROCKETS, HIGH-ALTI21 TUDE BALLOON, SUBORBITAL FLIGHT, AND SMALL SAT22 ELLITE PAYLOAD OPPORTUNITIES FOR HANDS-ON

23 TRAINING FOR STUDENTS AND INSTRUCTORS IN HIGHER

24 EDUCATION.— 


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1 (1) ESTABLISHMENT OF GOAL REQUIRED.—In 

2 accordance with the provisions of this subsection, the 

3 Administrator shall establish as a goal the funding 

4 of sounding-rockets, high-altitude balloon, suborbital 

5 flight, and small satellite payload opportunities di6 rectly linked to programs such as the Graduate Stu7 dent Researchers Program of the Agency to provide 

8 significant hands-on training, learning, and research 

9 opportunities for students and instructors in higher 

10 education. 

11 (2) AGGREGATE FUNDING GOAL.—The goal re12 quired by paragraph (1) shall include providing an 

13 aggregate amount of funding for opportunities de14 scribed in such paragraph equal to not less than 1 

15 percent of the aggregate amount authorized under 

16 section 3(a). 

17 (3) SENSE OF CONGRESS ON FUNDING OF OP18 PORTUNITIES.—It is the sense of Congress that 

19 funding for opportunities described in paragraph (1) 

20 should be considered part of the contribution of the 

21 Agency to United States competitive and educational 

22 enhancement and should represent increased funding 

23 as contemplated in section 2001 of the America 

24 COMPETES Act (42 U.S.C. 16611(a)). 


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1 (c) PROGRAM OF COOPERATIVE UNMANNED AERIAL

2 VEHICLE DEVELOPMENT.—The Administrator in co3 operation with the Administrator of the National Oceanic 

4 and Atmospheric Administration and in consultation with 

5 the Administrator of the Federal Aviation Administration, 

6 shall continue a program of unmanned aerial vehicle devel7 opment and applications, and may enter into cooperative 

8 agreements with existing university-based unmanned aer9 ial vehicle flight programs and assets, including develop10 ment of appropriate applications of small unmanned aerial 

11 vehicle technologies and systems in remote areas. 

12 (d) THE EXPERIMENTAL PROGRAM TO STIMULATE

13 COMPETITIVE RESEARCH.—Of the amounts authorized in 

14 section 3(a)(4), not less than $20,000,000 shall be avail15 able in fiscal year 2009 for the Experimental Program to 

16 Stimulate Competitive Research. In order to ensure that 

17 research expertise and talent throughout the nation is de18 veloped and engaged in Agency research and education ac19 tivities, the Agency shall, as part of its annual budget sub20 mission, detail additional steps that can be taken to fur21 ther integrate the participating States in both existing and 

22 new or emerging Agency research programs and center ac23 tivities. 

24 (e) NATIONAL SPACE GRANT COLLEGE AND FEL25 LOWSHIP PROGRAM.—The Agency shall continue its emVerDate Aug 31 2005 00:46 Jul 17, 2008 Jkt 069200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\S3270.PCS S3270

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1 phasis on the importance of education to expand opportu2 nities for Americans to understand and participate in the 

3 Agency’s aeronautics and space projects by supporting 

4 and enhancing science and engineering education, re5 search, and public outreach efforts. To achieve this objec6 tive, of the amounts authorized in section 3(a)(4), not less 

7 than $32,000,000 shall be available in fiscal year 2009 

8 for the National Space Grant College and Fellowship Pro9 gram. 

10 SEC. 24. ESTABLISHMENT OF OFFICE OF PROGRAM ANAL11 YSIS AND EVALUATION. 

12 (a) ESTABLISHMENT.—The Administrator shall es13 tablish within the Agency an office to be known as the 

14 ‘‘Office of Program Analysis and Evaluation’’ (in this sec15 tion referred to as the ‘‘Office’’). 

16 (b) FUNCTION.—The functions of the Office are as 

17 follows: 

18 (1) To develop strategic plans for the Agency in 

19 accordance with section 306 of title 5, United States 

20 Code. 

21 (2) To develop annual performance plans for 

22 the Agency in accordance with section 1115 of title 

23 31, United States Code. 

24 (3) To provide analysis and recommendations 

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1 ning and programming phases of the Planning, Pro2 gramming, Budgeting, and Execution system of the 

3 Agency. 

4 (4) To provide analysis and recommendations 

5 to the Administrator on matters relating to acquisi6 tion management and program oversight, including 

7 cost-estimating processes, contractor cost reporting 

8 processes, and contract performance assessments. 

9 (c) OBJECTIVES.—In performing the functions de10 scribed in subsection (b), the objectives of the Office are 

11 the following: 

12 (1) To align the Agency’s mission, strategic 

13 plan, budget, and performance plan with strategic 

14 goals and institutional requirements of the Agency. 

15 (2) To provide objective analysis of programs 

16 and institutions of the Agency— 

17 (A) to generate investment options for the 

18 Agency; and 

19 (B) to inform strategic decision making in 

20 the Agency. 

21 (3) To enable cost-effective, strategically 

22 aligned execution of programs and projects by the 

23 Agency. 


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1 (4) To perform independent cost estimation in 

2 support of Agency decision making and establish3 ment of standards for agency cost analysis. 

4 (5) To ensure that budget formulation and exe5 cution are consistent with strategic investment deci6 sions of the Agency. 

7 (6) To provide independent program and 

8 project reviews that address the credibility of tech9 nical, cost, schedule, risk, and management ap10 proaches with respect to available resources. 

11 (7) To facilitate progress by the Agency toward 

12 meeting the commitments of the Agency. 

13 SEC. 25. METHANE INVENTORY. 

14 Within 12 months after the date of enactment of this 

15 Act, the Administrator, in conjunction with the Adminis16 trator of the National Oceanic and Atmospheric Adminis17 tration and other appropriate Federal agencies and aca18 demic institutions, shall conduct an inventory of natural 

19 methane stocks and fluxes in the Polar Region of the 

20 United States. 

21 SEC. 26. REDUCTION-IN-FORCE MORATORIUM. 

22 The Agency may not initiate or implement a reduc23 tion-in-force, or conduct any other involuntary separations 

24 of permanent, non-Senior Executive Service, civil servant 


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1 employees before December 31, 2010, except for cause on 

2 charges of misconduct, delinquency, or inefficiency. 

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

4 The Administrator shall limit the percentage of em5 ployees in term positions, excluding students and coopera6 tives, within the Agency to not more less than 10 percent 

7 of the total number of non-Senior Executive Service, civil 

8 servant employees in fiscal year 2009. 

9 SEC. 28. PROTECTION OF SCIENTIFIC CREDIBILITY, INTEG10 RITY, AND COMMUNICATION WITHIN THE NA11 TIONAL AERONAUTICS AND SPACE ADMINIS12 TRATION. 

13 (a) SENSE OF THE CONGRESS.—It is the sense of 

14 Congress that the Agency should not dilute, distort, sup15 press, or impede scientific research or the dissemination 

16 thereof. 

17 (b) STUDY.—Within 60 days after the date of enact18 ment of this Act, the Comptroller General shall— 

19 (1) conduct a study to determine whether the 

20 regulations set forth in part 1213 of title 14, Code 

21 of Federal Regulations, are effective in ensuring that 

22 the sense of the Congress expressed in subsection (a) 

23 is being observed; and 

24 (2) transmit a report to the Congress setting 

25 forth the Comptroller General’s findings, concluVerDate Aug 31 2005 00:46 Jul 17, 2008 Jkt 069200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\S3270.PCS S3270

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•S 3270 PCS 

1 sions, and recommendations, including any rec2 ommendations the Comptroller General finds appro3 priate with respect to establishing and carrying out 

4 a Federal policy that addresses both the dissemina5 tion of scientific research and Federal agency media 

6 policy. 


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Calendar No. 884 

110TH CONGRESS 

2D SESSION S. 3270 

[Report No. 110

–422] 

A BILL 

To reauthorize the National Aeronautics and Space 

Administration, and for other purposes. 

JULY 16, 2008 

Read twice and placed on the calendar 


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