threats to humankind posed by potentially hazardous 
near-Earth asteroids and comets. 
(7) As a first step to eliminate and to mitigate 
the risk of such collisions, situation and decision 
analysis processes, as well as procedures and system 
resources, must be in place well before a collision 
threat becomes known. 
SEC. 803. REQUESTS FOR INFORMATION. 
The Administrator shall issue requests for information 
on— 
(1) a low-cost space mission with the purpose of 
rendezvousing with, attaching a tracking device, and 
characterizing the Apophis asteroid, which scientists 
estimate will in 2029 pass at a distance from Earth 
that is closer than geostationary satellites; and 
(2) a medium-sized space mission with the pur-
pose of detecting near-Earth objects equal to or great-
er than 140 meters in diameter. 
SEC. 804. ESTABLISHMENT OF POLICY. 
Not later than 2 years after the date of enactment of 
this Act, the Director of OSTP shall— 
(1) develop a policy for notifying Federal agen-
cies and relevant emergency response institutions of 
an impending near-Earth object threat, if near term 
public safety is at stake; and 
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(2) recommend a Federal agency or agencies to 
be responsible for protecting the Nation from a near- 
Earth object that is anticipated to collide with Earth 
and implementing a deflection campaign, in consulta-
tion with international bodies, should one be required. 
SEC. 805. PLANETARY RADAR CAPABILITY. 
The Administrator shall maintain a planetary radar 
that is, at minimum, comparable to the capability provided 
through the NASA Deep Space Network Goldstone facility. 
SEC. 806. ARECIBO OBSERVATORY. 
Congress reiterates its support for the use of the Are-
cibo Observatory for NASA-funded near-Earth object-re-
lated activities. The Administrator shall ensure the avail-
ability of the Arecibo Observatory’s planetary radar to sup-
port these activities until the National Academies’ review 
of NASA’s approach for the survey and deflection of near- 
Earth objects, including a determination of the role of Are-
cibo, that was directed to be undertaken by the Fiscal Year 
2008 Omnibus Appropriations Act, is completed. 
TITLE IX—COMMERCIAL 
INITIATIVES 
SEC. 901. SENSE OF CONGRESS. 
It is the sense of Congress that a healthy and robust 
commercial sector can make significant contributions to the 
successful conduct of NASA’s space exploration program. 
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While some activities are inherently governmental in na-
ture, 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 sector at some point in the future. Con-
gress encourages NASA to look for such service opportuni-
ties and, to the maximum extent practicable, make use of 
the commercial sector to provide those services. 
SEC. 902. COMMERCIAL CREW INITIATIVE. 
(a) IN GENERAL.—In order to stimulate commercial 
use of space, help maximize the utility and productivity 
of the International Space Station, and enable a commer-
cial means of providing crew transfer and crew rescue serv-
ices for the International Space Station, NASA shall— 
(1) make use of United States commercially pro-
vided International Space Station crew transfer and 
crew rescue services to the maximum extent prac-
ticable, if those commercial services have dem-
onstrated the capability to meet NASA-specified as-
cent, entry, and International Space Station prox-
imity operations safety requirements; 
(2) limit, to the maximum extent practicable, the 
use of the Crew Exploration Vehicle to missions car-
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rying astronauts beyond low Earth orbit once com-
mercial crew transfer and crew rescue services that 
meet safety requirements become operational; 
(3) facilitate, to the maximum extent practicable, 
the transfer of NASA-developed technologies to poten-
tial United States commercial crew transfer and res-
cue service providers, consistent with United States 
law; and 
(4) issue a notice of intent, not later than 180 
days after the date of enactment of this Act, to enter 
into a funded, competitively awarded Space Act 
Agreement with two or more commercial entities for 
a Phase 1 Commercial Orbital Transportation Serv-
ices (COTS) crewed vehicle demonstration program. 
(b) COTS CREWED VEHICLE DEMONSTRATION PRO-
GRAM AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to NASA for the program de-
scribed in subsection (a)(4) $50,000,000 for fiscal year 
2009, to remain available until expended. 
(c) CONGRESSIONAL INTENT.—It is the intent of Con-
gress that funding for the program described in subsection 
(a)(4) shall not come at the expense of full funding of the 
amounts authorized under section 101(a)(3), and for future 
fiscal years, for Orion Crew Exploration Vehicle develop-
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ment, Ares I Crew Launch Vehicle development, or Inter-
national Space Station cargo delivery. 
(d) ADDITIONAL TECHNOLOGIES AUTHORIZATION OF 
APPROPRIATIONS.—There are authorized to be appro-
priated to NASA for the provision of International Space 
Station-compatible docking adaptors and other relevant 
technologies to be made available to the commercial crew 
providers selected to service the International Space Station 
$50,000,000, to remain available until expended. 
(e) CREW TRANSFER AND CREW RESCUE SERVICES 
CONTRACT.—If a commercial provider demonstrates the ca-
pability to provide International Space Station crew trans-
fer and crew rescue services and to satisfy NASA ascent, 
entry, and International Space Station proximity oper-
ations safety requirements, NASA shall enter into an Inter-
national Space Station crew transfer and crew rescue serv-
ices contract with that commercial provider for a portion 
of NASA’s anticipated International Space Station crew 
transfer and crew rescue requirements from the time the 
commercial provider commences operations under contract 
with NASA through calendar year 2016, with an option 
to extend the period of performance through calendar year 
2020. 
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