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

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

                          [Report No. 110-422]

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

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 16, 2008

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

_______________________________________________________________________

                                 A BILL

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

SEC. 2. DEFINITIONS.

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

SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

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

SEC. 4. REAFFIRMATION OF SPACE POLICY.

    Congress hereby affirms its support for--
            (1) the broad goals of the space exploration policy of the 
        United States, including the eventual return to and exploration 
        of the Moon and the important national imperative of 
        independent access to space;
            (2) the utilization of lunar exploration, including the 
        development of habitation capabilities, life support, mobility 
        systems, and in situ resource extraction, processing, and 
        utilization for future expansion beyond the lunar environment;
            (3) activity related to Mars exploration, particularly for 
        the development and testing of technologies and mission 
        concepts needed for eventual consideration of optional mission 
        architectures, pursuant to future authority to proceed with the 
        consideration and implementation of such architectures; and
            (4) international participation and cooperation, as well as 
        commercial involvement in space exploration activities.

SEC. 5. UNINTERRUPTED UNITED STATES HUMAN SPACEFLIGHT CAPABILITY.

    (a) Enhanced Report on Space Shuttle Follow-on.--Section 501(c) of 
the National Aeronautics and Space Administration Authorization Act of 
2005 (42 U.S.C. 16761(c)) is amended by striking the matter before 
paragraph (1) and inserting the following: ``Not later than 90 days 
after the date of the enactment of the National Aeronautics and Space 
Administration Authorization Act of 2008, the Administrator shall 
submit to the appropriate congressional committees a report on the lack 
of a United States human space flight system to replace the Space 
Shuttle Orbiter and the ability of the United States to uphold the 
policy described in subsection (a), including a description of--''.
    (b) Limitation on Retirement of Space Shuttle Orbiter.--Except as 
provided in subsection (c), the Administrator may not retire the Space 
Shuttle Orbiter earlier than the later of--
            (1) the date of completion of the mission manifest planned 
        as of the date of the enactment of this Act (including any 
        modification of such manifest pursuant to this Act or an 
        amendment made by this Act or any subsequent Act); or
            (2) September 30, 2010.
    (c) Report on Recertification of Space Shuttle Orbiter.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Administrator shall submit to 
        the Committee on Commerce, Science, and Transportation and the 
        Committee on Appropriations of the Senate and the Committee on 
        Science and Technology and the Committee on Appropriations of 
        the House of Representatives a report containing a detailed 
        description of the steps, and associated costs and schedule for 
        completing those steps, necessary to recertify the continued 
        flight-worthiness of the Space Shuttle Orbiter and associated 
        flight and launch systems to continue space shuttle flight 
        operations from fiscal year 2011 through fiscal year 2015.
            (2) Justification.--The report required by paragraph (1) 
        shall include justification for any steps identified in such 
        report as necessary that are in addition to normal Space 
        Shuttle Orbiter maintenance, upgrades, and flight readiness 
        reviews.
    (d) Termination or Suspension of Activities That Would Preclude 
Continued Flight of Space Shuttle.--
            (1) In general.--The Administrator shall terminate or 
        suspend any activity of the Agency that, if continued, would 
        preclude the continued safe and effective flight of the Space 
        Shuttle Orbiter after fiscal year 2010.
            (2) Authorization of appropriations.--
                    (A) In general.--There is authorized to be 
                appropriated to the Administrator such sums as may be 
                necessary to carry out the requirements of paragraph 
                (1).
                    (B) Supplement not supplant.--The amount authorized 
                to be appropriated by subparagraph (A) for the purpose 
                described in that subparagraph is in addition to 
                amounts authorized by section 3(a)(5).
                    (C) No delay nor infringement.--Actions required to 
                be taken by paragraph (d)(1) of this section shall be 
                taken in a manner which ensures that there will be no 
                delay in the development schedule of the Ares 1 Crew 
                Launch Vehicle and Orion Crew Exploration Vehicle, and 
                no infringement on their primary mission within the 
                mission architecture defined to implement the Vision 
                for Exploration.
    (e) Commercial Orbital Transportation Service.--
            (1) Sense of congress.--It is the sense of Congress that--
                    (A) a healthy and robust commercial space sector 
                can make significant contributions to the successful 
                conduct of the space exploration program of the Agency;
                    (B) while some activities are inherently 
                governmental in nature, there are many other 
                activities, such as routine supply of water, fuel, and 
                other consumables to low Earth orbit or to destinations 
                beyond low Earth orbit and provision of power or 
                communications services to lunar outposts, that 
                potentially could be carried out effectively and 
                efficiently by the commercial space sector at some 
                point in the future; and
                    (C) the Administrator should look for such service 
                opportunities and, to the maximum extent practicable, 
                make use of the commercial space sector to provide 
                those services.
            (2) Acceleration of capabilities.--
                    (A) In general.--The Administrator shall determine 
                the degree to which an increase in the amounts 
                authorized to be appropriated under section 3(a)(5) for 
                the Commercial Orbital Transportation Services project 
                to be used by Phase One team members of such project in 
                fiscal year 2009 would reasonably be expected to 
                accelerate development of Capabilities A, B, and C of 
                such project to an effective operations capability as 
                close to 2010 as possible.
                    (B) Authorization of appropriations.--
                            (i) In general.--There are authorized to be 
                        appropriated to the Administrator to carry out 
                        the accelerated development described in 
                        subparagraph (A) such sums as may be necessary 
                        for such purpose, for fiscal year 2009.
                            (ii) Supplement not supplant.--The amount 
                        authorized to be appropriated by clause (i) for 
                        the purpose described in that clause is in 
                        addition to amounts authorized by section 
                        3(a)(5).
            (3) Commercial crew capability.--
                    (A) Establishment of competition.--The 
                Administrator shall establish a competition for 
                completion of the Commercial Orbital Transportation 
                Services crewed vehicle demonstration project by 
                September 30, 2011, or as soon thereafter as is 
                practicable.
                    (B) Eligibility for participation in competition.--
                To be eligible to participate in the competition 
                required by subparagraph (A), a candidate shall provide 
                reasonable assurance, as determined by the 
                Administrator, that it is capable of delivering a 
                crewed vehicle that meets the requirements as 
                established by the Administrator within the time frame 
                described in such subparagraph.
                    (C) Space act agreements.--The Administrator shall 
                enter into Space Act Agreements with not less than 2 
                teams for the competition required by subparagraph (A).
                    (D) Authorization of appropriations.--
                            (i) In general.--There is authorized to be 
                        appropriated to the Administrator to carry out 
                        the activities required by this paragraph 
                        $150,000,000 for fiscal year 2009.
                            (ii) Availability.--Amounts appropriated 
                        pursuant to the authorization of appropriations 
                        under clause (i) shall remain available until 
                        expended.
                            (iii) Supplement not supplant.--The amount 
                        authorized to be appropriated by clause (i) for 
                        the purpose described in that clause is in 
                        addition to amounts authorized by section 
                        3(a)(5).

SEC. 6. SPACE SHUTTLE TRANSITION.

    (a) Disposition of Shuttle-Related Assets.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the Administrator shall submit to 
        Congress a plan for the disposition of the remaining Space 
        Shuttle Orbiters and other Space Shuttle program-related 
        hardware and facilities after the retirement of the Space 
        Shuttle fleet.
            (2) Plan requirements.--The plan submitted under paragraph 
        (1) shall include a description of a process by which 
        educational institutions, science museums, and other 
        appropriate organizations may acquire, through loan or disposal 
        by the Federal Government, Space Shuttle program hardware.
            (3) Prohibition on disposition before completion of plan.--
        The Administrator shall not dispose of any Space Shuttle 
        program hardware before the plan required by paragraph (1) is 
        submitted to Congress.
    (b) Space Shuttle Transition Liaison Office.--
            (1) Establishment.--The Administrator shall establish a 
        Space Shuttle Transition Liaison Office within the Office of 
        Human Capital Management of the Agency to assist local 
        communities affected by the termination of the Space Shuttle 
        program in mitigating the negative impacts on such communities 
        caused by such termination.
            (2) Manner of assistance.--In providing assistance under 
        paragraph (1), the office established under such paragraph 
        shall--
                    (A) offer technical assistance to communities 
                described in such paragraph to assist in the mitigation 
                described in such paragraph; and
                    (B) serve as a clearinghouse to assist such 
                communities in identifying services available from 
                other Federal agencies to assist in such mitigation.
            (3) Termination of office.--The office established under 
        paragraph (1) shall terminate 2 years after the completion of 
        the last mission of a Space Shuttle Orbiter.

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

    (a) In General.--The Administrator shall, in cooperation with the 
heads of other Federal agencies, including the Secretary of Commerce, 
the Secretary of Defense, the Secretary of Energy, the Secretary of 
Homeland Security, and the Secretary of Transportation--
            (1) carry out an analysis of the facilities and human 
        capital resources that will become available as a result of the 
        retirement of the Space Shuttle program; and
            (2) identify on-going or future Federal programs and 
        projects that could use such facilities and resources.
    (b) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Administrator shall submit to the 
appropriate congressional committees a report--
            (1) on the analysis required by paragraph (1) of subsection 
        (a), including the findings of the Administrator with respect 
        to such analysis; and
            (2) describing the programs and projects identified under 
        paragraph (2) of such subsection.

SEC. 8. PLAN TO SUPPORT OPERATIONS OF THE INTERNATIONAL SPACE STATION 
              BEYOND FISCAL YEAR 2015.

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

SEC. 9. INTERNATIONAL SPACE STATION NATIONAL LABORATORY.

    (a) Management and Transportation.--
            (1) Plan and budget.--Not later than 60 days after the date 
        of the enactment of this Act, the Administrator shall submit to 
        the appropriate congressional committees--
                    (A) a plan for continuing the activities described 
                in the operation plan of the International Space 
                Station National Laboratory submitted to Congress in 
                May, 2007, under section 507 of the National 
                Aeronautics and Space Administration Authorization Act 
                of 2005 (42 U.S.C. 16767); and
                    (B) a budget plan that reflects the anticipated use 
                of such activities and the projected amounts to be 
                required for fiscal years 2010 through 2020 to 
                accomplish the objectives of the activities described 
                in subparagraph (A).
            (2) International space station utilization advisory 
        committee.--
                    (A) Establishment.--The Administrator shall 
                establish a committee to be known as the 
                ``International Space Station Utilization Advisory 
                Committee'' (in this paragraph referred to as the 
                ``Committee'').
                    (B) Membership.--
                            (i) Composition.--The Committee shall be 
                        composed of not less than 11 individuals 
                        representing non-Agency government or private 
                        entities who have formal agreements with the 
                        Agency to utilize the United States portion of 
                        the International Space Station, including 
                        allocations within partner elements.
                            (ii) Chair.--The Administrator shall 
                        appoint a chair from among the members of the 
                        Committee, who shall serve for a 2-year term.
                    (C) Duties of the committee.--
                            (i) In general.--The Committee shall make 
                        assessments and recommendations regarding 
                        effective utilization of the International 
                        Space Station as a national laboratory and 
                        platform for research.
                            (ii) Annual report.--The Committee shall 
                        submit to the Administrator, on an annual basis 
                        or more frequently as considered necessary by a 
                        majority of the members of the Committee, a 
                        report containing the assessments and 
                        recommendations required by clause (i).
                    (D) Duration.--The Committee shall exist for the 
                life of the International Space Station.
    (b) Plan for an Appropriate Structure for Management of National 
Laboratory Research.--
            (1) Plan required.--Not later than 90 days after the date 
        of the enactment of this Act, the Administrator shall develop 
        and submit to the appropriate congressional committees an 
        implementation plan for an appropriate structure for management 
        of national laboratory research.
            (2) Support for development of plan authorized.--The 
        Administrator may request the support of the National Academy 
        of Sciences or other appropriate entity, including an external 
        consultant, in developing the plan required by paragraph (1).
            (3) Authorization of appropriations.--
                    (A) In general.--There is authorized to be 
                appropriated to the Administrator such sums as may be 
                necessary to carry out this subsection.
                    (B) Supplement not supplant.--The amount authorized 
                to be appropriated by subparagraph (A) for the purpose 
                specified in that subparagraph is in addition to 
                amounts authorized by section 3.
    (c) Research Fund.--
            (1) Establishment of fund.--There is established in the 
        Treasury of the United States a fund to be known as the 
        ``International Space Station Research Fund''.
            (2) Purpose.--Amounts in the International Space Station 
        Research Fund shall be available to the Administrator--
                    (A) to underwrite research in partnership with 
                entities with which the Administrator has established 
                memoranda of understanding regarding the research and 
                scientific uses of the International Space Station 
                National Laboratory; and
                    (B) to support research hardware development, 
                ground test and flight qualification, payload 
                integration, and transportation costs for experiments 
                to the International Space Station.
            (3) Private sector investment.--The Secretary of the 
        Treasury is authorized to accept contributions to the 
        International Space Station Research Fund from private sector 
        entities and transfers of funds from other Federal agencies.
            (4) Authorization of appropriations.--
                    (A) In general.--There is authorized to be 
                appropriated to the International Space Station 
                Research Fund $200,000,000.
                    (B) Availability.--Amounts appropriated pursuant to 
                the authorization of appropriations under subparagraph 
                (A) shall remain available until expended.

SEC. 10. INTERNATIONAL SPACE STATION SCIENCE MISSION.

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

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

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

SEC. 12. SCIENCE POLICY.

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

SEC. 13. AERONAUTICS.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) aeronautics research continues to be an important core 
        element of the Agency mission and should be supported;
            (2) Agency aeronautics research should be guided by and 
        consistent with the national policy to guide aeronautics 
        research and development programs of the United States 
        developed in accordance with section 101(c) of the National 
        Aeronautics and Space Administration Authorization Act of 2005 
        (42 U.S.C. 16611);
            (3) Congress approves of the restructuring, by the Agency, 
        of its aeronautics research programs with the aim of providing 
        long-term stability and focus on high-quality innovative 
        research that produces ideas, capabilities, and technologies 
        that are critical enablers for the long-term technological 
        leadership of the United States; and
            (4) technologies developed by the Agency as described in 
        paragraph (2) would help to secure the leadership role of the 
        United States in global aviation and greatly enhance 
        competitiveness of the United States in aeronautics in the 
        future.
    (b) Environmentally Friendly Aircraft Research and Development 
Initiative.--
            (1) In general.--The Administrator shall, in collaboration 
        with the Administrator of the Federal Aviation Administration, 
        establish an initiative of research, development, and 
        demonstration of technologies to achieve the environmental 
        goals delineated in the Energy and Environment component of the 
        National Plan for Aeronautics Research and Development and 
        Related Infrastructure submitted to the President in accordance 
        with Executive Order 13419, with--
                    (A) a focus by the Administrator on foundational 
                research to enable new aircraft technologies and 
                alternative fuels that are consistent with such goals; 
                and
                    (B) complementary focus by the Administrator of the 
                Federal Aviation Administration on maturing such 
                technologies and fuels.
            (2) Characteristics.--The initiative required by paragraph 
        (1) shall seek to enable the following commercial aircraft 
        performance characteristics:
                    (A) Noise levels on takeoff and on airport approach 
                and landing that do not exceed ambient noise levels in 
                the absence of flight operations in the vicinity of 
                airports from which such commercial aircraft would 
                normally operate, without increasing energy consumption 
                or nitrogen oxide emissions compared to aircraft in 
                commercial service as of the date of the enactment of 
                this Act.
                    (B) Significant reductions in greenhouse gas 
                emissions compared to aircraft in commercial services 
                as of the date of the enactment of this Act.
    (c) Research Alignment.--In addition to pursuing the research and 
development initiative described in subsection (b)(1), the 
Administrator shall, to the maximum extent practicable using available 
funding, align the fundamental aeronautics research program of the 
Agency to address high-priority technology challenges described in the 
2006 report of the National Research Council entitled ``Decadal Survey 
of Civil Aeronautics''.
    (d) Research Program to Determine Perceived Impact of Sonic 
Booms.--
            (1) Sense of congress.--It is the sense of Congress that--
                    (A) the ability to fly commercial aircraft over 
                land at supersonic speeds without adverse impacts on 
                the environment or on local communities would open new 
                markets and enable new transportation capabilities; and
                    (B) in order to have the basis for establishing an 
                appropriate sonic boom standard for such flight 
                operations, a research program is needed to assess the 
                impact of sonic booms in a relevant environment of 
                commercial supersonic flight operations.
            (2) Establishment of research program required.--The 
        Administrator shall establish a cooperative research program 
        with industry and other stakeholders, including the conduct of 
        flight demonstrations in a relevant environment, to collect 
        data on the perceived impact of sonic booms. The data could 
        enable the promulgation of appropriate standards for overland 
        commercial supersonic flight operations.
            (3) Coordination of sonic boom research.--The Administrator 
        shall ensure that sonic boom research is coordinated with the 
        Administrator of the Federal Aviation Administration and, to 
        the maximum extent practicable, make use of the expertise of 
        the Partnership for Air Transportation Noise and Emissions 
        Reduction Center of Excellence sponsored by the Federal 
        Aviation Administration and the Agency.
    (e) External Review of Aviation Safety-Related Research Programs of 
the National Aeronautics and Space Administration.--
            (1) Review.--The Administrator shall enter into an 
        arrangement with the National Research Council for an 
        independent review of the aviation safety-related research 
        programs of the Agency. The review shall assess the following:
                    (A) Whether such programs have well-defined, 
                prioritized, and appropriate research objectives.
                    (B) Whether such programs are properly coordinated 
                with the safety research programs of the Federal 
                Aviation Administration and other relevant Federal 
                agencies.
                    (C) Whether such programs have allocated 
                appropriate resources to accomplish research 
                objectives.
                    (D) Whether suitable mechanisms exist for 
                transitioning the research results from such programs 
                into operational technologies and procedures and 
                certification activities in a timely manner.
            (2) Report.--Not later than 18 months after the date of the 
        enactment of this Act, the Administrator shall submit to the 
        appropriate congressional committees a report on the results of 
        the review required by paragraph (1).
    (f) Implementation of Climate Change Research Initiative.--
            (1) In general.--Not later than 1 year after the date of 
        the enactment of this Act, the Administrator shall, in 
        coordination with the Global Change Research Program 
        established under section 103 of the Global Change Research Act 
        of 1990 (15 U.S.C. 2933) and other appropriate agencies, 
        implement the Climate Change Research Initiative as described 
        in the report of the U.S. Climate Change Science Program for 
        fiscal year 2008 entitled ``Our Changing Planet''.
            (2) Research plan for the initiative.--Not later than 1 
        year after the date of the enactment of this Act, the Federal 
        entities implementing the Climate Change Research Initiative 
        described in paragraph (1) shall review such initiative and 
        ensure that such initiative includes a research plan that 
        includes--
                    (A) objectives;
                    (B) proposed tasks;
                    (C) milestones; and
                    (D) a 5-year budgetary profile.
            (3) Review of research initiative.--
                    (A) In general.--The Administrator shall enter into 
                an arrangement with the National Research Council to 
                conduct an independent review of the Climate Change 
                Research Initiative described in paragraph (1).
                    (B) Report.--Not later than 2 years after the date 
                of the enactment of this Act, the Administrator shall 
                submit to the appropriate congressional committees a 
                report on the results of the review conducted under 
                subparagraph (A).
    (g) Funding for Research and Development Activities in Support of 
Other Mission Directorates.--Research and development activities 
performed by the Aeronautics Research Mission Directorate of the Agency 
with the primary objective of assisting in the development of a flight 
project in another Mission Directorate of the Agency shall be funded by 
the Mission Directorate seeking assistance.
    (h) Enhancement of Grant Program on Establishment of University-
Based Centers for Research on Aviation Training.--Section 427(a) of the 
National Aeronautics and Space Administration Authorization Act of 2005 
(42 U.S.C. 16727(a)) is amended by striking ``may'' and inserting 
``shall''.

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

    (a) In General.--The Administrator shall develop an agency-wide 
enhanced-use lease policy that--
            (1) is based upon sound business practices and lessons 
        learned from the demonstration centers; and
            (2) establishes controls and procedures to ensure 
        accountability and protect the interests of the Government.
    (b) Contents.--The policy required by subsection (a) shall include 
the following:
            (1) Criteria for determining whether enhanced-use lease 
        provides better economic value to the Government than other 
        options, such as--
                    (A) Federal financing through appropriations; or
                    (B) sale of the property.
            (2) Measures of effectiveness for the enhanced-use lease 
        program.
            (3) Accounting controls and procedures to ensure 
        accountability, such as an audit trail and documentation to 
        readily support financial transactions.
    (c) Enhanced Annual Report.--Section 315(f) of the National 
Aeronautics and Space Administration Act of 1958 (42 U.S.C. 2459j(f)) 
is amended by adding at the end the following: ``Such report shall 
include the following:
            ``(1) Information that identifies and quantifies the value 
        of the arrangements and expenditures of revenues received under 
        this section.
            ``(2) The availability and use of funds received under this 
        section for the Agency's operating plans.''.
    (d) Distribution of Cash Consideration Received.--
            (1) In general.--Section 315(b)(3)(B) of such Act (42 
        U.S.C. 2459j(b)(3)(B)) is amended to read as follows:
            ``(B) Of any amounts of cash consideration received under 
        this subsection that are not utilized in accordance with 
        subparagraph (A)--
                    ``(i) 20 percent shall be deposited in a capital 
                asset account to be established by the Administrator, 
                shall be available for maintenance, capital 
                revitalization, and improvements of the real property 
                assets and related personal property under the 
                jurisdiction of the Administrator, and shall remain 
                available until expended; and
                    ``(ii) the remaining 80 percent shall be available 
                to the respective center or facility of the 
                Administration engaged in the lease of non-excess real 
                property, and shall remain available until expended.''.
            (2) Conforming amendments.--Section 533 of the Consolidated 
        Appropriations Act, 2008 (Public Law 110-161; 121 Stat. 1931) 
        is amended--
                    (A) by striking subsection (b)(4)(A); and
                    (B) in subsection (d), by striking ``the 
                following'' and all that follows through ``The 
                authority to enter'' and inserting the following: ``the 
                following new subsection (g):
    ```(g) Sunset.--The authority to enter''.

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

    (a) Study.--Not later than 180 days after the date of the enactment 
of this Act, the Administrator shall complete a study on the leasing 
practices of all field centers of the Agency, including the Michoud 
Assembly Facility. Such study shall include the following:
            (1) The method by which overhead maintenance expenses are 
        distributed among tenants of such field centers.
            (2) Identification of the impacts of such method on 
        attracting businesses and partnerships to such field centers.
            (3) Identification of the steps that can be taken to 
        mitigate any adverse impacts identified under paragraph (2).
    (b) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Administrator shall submit to the 
appropriate congressional committees a report on the study required by 
subsection (a), including the following:
            (1) The findings of the Administrator with respect to such 
        study.
            (2) A description of the impacts identified under 
        subsection (a)(2).
            (3) The steps identified under subsection (a)(3).

SEC. 16. STUDY AND REPORT ON PROJECT ASSIGNMENT AND WORK ALLOCATION OF 
              FIELD CENTERS.

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

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

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

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

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

SEC. 19. REVIEW OF SUBORBITAL MISSION CAPABILITIES.

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

SEC. 20. INITIATION OF DISCUSSIONS ON DEVELOPMENT OF FRAMEWORK FOR 
              SPACE TRAFFIC MANAGEMENT.

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

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

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

SEC. 22. NEAR-EARTH OBJECTS.

    (a) Reaffirmation of Policy on Surveying Near-Earth Asteroids and 
Comets.--Congress reaffirms the policy set forth in section 102(g) of 
the National Aeronautics and Space Act of 1958 (42 U.S.C. 2451(g)) 
(relating to surveying near-Earth asteroids and comets).
    (b) Affirmation of Support of Near-Earth Object Survey.--Congress 
affirms its support of the Near-Earth Object Survey program required by 
section 321(d)(1) of the National Aeronautics and Space Administration 
Authorization Act of 2005 (42 U.S.C. 16691(d)(1)).
    (c) Sense of Congress on Benefits of Near-Earth Object Program 
Activities.--It is the sense of Congress that the near-Earth object 
program activities of the Agency will provide benefits to the 
scientific and exploration activities of the Agency.
    (d) Requests for Information.--The Administrator shall issue 
requests for information on--
            (1) a low-cost space mission with the purpose of a rendez-
        vous with and characterization of the Apophis asteroid; and
            (2) a medium-sized space mission with the purpose of 
        detecting near-Earth objects equal to or greater than 140 
        meters in diameter.
    (e) Establishment of Policy With Respect to Threats Posed by Near-
Earth Objects.--The Director of the Office of Science and Technology 
Policy shall--
            (1) develop a policy for notifying Federal agencies and 
        relevant emergency response institutions of an impending near-
        Earth object threat, if near term public safety is at risk; and
            (2) recommend a Federal agency or agencies to be 
        responsible for--
                    (A) protecting the United States from a near-Earth 
                object that is expected to collide with Earth; and
                    (B) implementing a deflection campaign, in 
                consultation with international bodies, should one be 
                necessary.
    (f) Planetary Radar Capability.--The Administrator shall maintain a 
planetary radar that is comparable to the capability provided through 
the Deep Space Network Goldstone facility of the Agency.

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

    (a) Development of Plan for Utilization of International Space 
Station in Support of Education Activities.--
            (1) In general.--Not later than 120 days after the date of 
        the enactment of this Act, the Administrator shall develop and 
        submit to the appropriate congressional committees a plan for 
        utilization of the International Space Station in support of 
        educational activities in the areas of science, technology, 
        engineering, and mathematics.
            (2) Use of prior report.--In developing the plan required 
        by paragraph (1), the Administrator shall use the report 
        submitted to Congress under section 507(c) of the National 
        Aeronautics and Space Administration Authorization Act of 2005 
        (42 U.S.C. 16767(c)) entitled ``NASA Report to Congress 
        Regarding a Plan for the International Space Station National 
        Laboratory'' and dated May 2007, with special emphasis on the 
        findings of the Inter-Agency Task Force on International Space 
        Station National Laboratory Concept Development, dated December 
        2006 and included in such report.
    (b) Support of Sounding-Rockets, High-Altitude Balloon, Suborbital 
Flight, and Small Satellite Payload Opportunities for Hands-On Training 
for Students and Instructors in Higher Education.--
            (1) Establishment of goal required.--In accordance with the 
        provisions of this subsection, the Administrator shall 
        establish as a goal the funding of sounding-rockets, high-
        altitude balloon, suborbital flight, and small satellite 
        payload opportunities directly linked to programs such as the 
        Graduate Student Researchers Program of the Agency to provide 
        significant hands-on training, learning, and research 
        opportunities for students and instructors in higher education.
            (2) Aggregate funding goal.--The goal required by paragraph 
        (1) shall include providing an aggregate amount of funding for 
        opportunities described in such paragraph equal to not less 
        than 1 percent of the aggregate amount authorized under section 
        3(a).
            (3) Sense of congress on funding of opportunities.--It is 
        the sense of Congress that funding for opportunities described 
        in paragraph (1) should be considered part of the contribution 
        of the Agency to United States competitive and educational 
        enhancement and should represent increased funding as 
        contemplated in section 2001 of the America COMPETES Act (42 
        U.S.C. 16611(a)).
    (c) Program of Cooperative Unmanned Aerial Vehicle Development.--
The Administrator in cooperation with the Administrator of the National 
Oceanic and Atmospheric Administration and in consultation with the 
Administrator of the Federal Aviation Administration, shall continue a 
program of unmanned aerial vehicle development and applications, and 
may enter into cooperative agreements with existing university-based 
unmanned aerial vehicle flight programs and assets, including 
development of appropriate applications of small unmanned aerial 
vehicle technologies and systems in remote areas.
    (d) The Experimental Program to Stimulate Competitive Research.--Of 
the amounts authorized in section 3(a)(4), not less than $20,000,000 
shall be available in fiscal year 2009 for the Experimental Program to 
Stimulate Competitive Research. In order to ensure that research 
expertise and talent throughout the nation is developed and engaged in 
Agency research and education activities, the Agency shall, as part of 
its annual budget submission, detail additional steps that can be taken 
to further integrate the participating States in both existing and new 
or emerging Agency research programs and center activities.
    (e) National Space Grant College and Fellowship Program.--The 
Agency shall continue its emphasis on the importance of education to 
expand opportunities for Americans to understand and participate in the 
Agency's aeronautics and space projects by supporting and enhancing 
science and engineering education, research, and public outreach 
efforts. To achieve this objective, of the amounts authorized in 
section 3(a)(4), not less than $32,000,000 shall be available in fiscal 
year 2009 for the National Space Grant College and Fellowship Program.

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

    (a) Establishment.--The Administrator shall establish within the 
Agency an office to be known as the ``Office of Program Analysis and 
Evaluation'' (in this section referred to as the ``Office'').
    (b) Function.--The functions of the Office are as follows:
            (1) To develop strategic plans for the Agency in accordance 
        with section 306 of title 5, United States Code.
            (2) To develop annual performance plans for the Agency in 
        accordance with section 1115 of title 31, United States Code.
            (3) To provide analysis and recommendations to the 
        Administrator on matters relating to the planning and 
        programming phases of the Planning, Programming, Budgeting, and 
        Execution system of the Agency.
            (4) To provide analysis and recommendations to the 
        Administrator on matters relating to acquisition management and 
        program oversight, including cost-estimating processes, 
        contractor cost reporting processes, and contract performance 
        assessments.
    (c) Objectives.--In performing the functions described in 
subsection (b), the objectives of the Office are the following:
            (1) To align the Agency's mission, strategic plan, budget, 
        and performance plan with strategic goals and institutional 
        requirements of the Agency.
            (2) To provide objective analysis of programs and 
        institutions of the Agency--
                    (A) to generate investment options for the Agency; 
                and
                    (B) to inform strategic decision making in the 
                Agency.
            (3) To enable cost-effective, strategically aligned 
        execution of programs and projects by the Agency.
            (4) To perform independent cost estimation in support of 
        Agency decision making and establishment of standards for 
        agency cost analysis.
            (5) To ensure that budget formulation and execution are 
        consistent with strategic investment decisions of the Agency.
            (6) To provide independent program and project reviews that 
        address the credibility of technical, cost, schedule, risk, and 
        management approaches with respect to available resources.
            (7) To facilitate progress by the Agency toward meeting the 
        commitments of the Agency.

SEC. 25. METHANE INVENTORY.

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

SEC. 26. REDUCTION-IN-FORCE MORATORIUM.

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

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

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

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

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

110th CONGRESS

  2d Session

                                S. 3270

                          [Report No. 110-422]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                             July 16, 2008

                 Read twice and placed on the calendar
```