†
the Administrator of the Federal Aviation Administration,
and as appropriate make use of the expertise of the Partner-
ship for Air Transportation Noise and Emissions Reduc-
tion Center of Excellence sponsored by NASA and the Fed-
eral Aviation Administration.
SEC. 305. EXTERNAL REVIEW OF NASA’S AVIATION SAFETY-
RELATED RESEARCH PROGRAMS.
(a) REVIEW.—The Administrator shall enter into an
arrangement with the National Research Council for an
independent review of NASA’s aviation safety-related re-
search programs. The review shall assess whether—
(1) the programs have well-defined, prioritized,
and appropriate research objectives;
(2) the programs are properly coordinated with
the safety research programs of the Federal Aviation
Administration and other relevant Federal agencies;
(3) the programs have allocated appropriate re-
sources to each of the research objectives; and
(4) suitable mechanisms exist for transitioning
the research results from the programs into oper-
ational technologies and procedures and certification
activities in a timely manner.
(b) REPORT.—Not later than 18 months after the date
of enactment of this Act, the Administrator shall submit
to the Committee on Science and Technology of the House
†
of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report on the
results of the review required in subsection (a).
SEC. 306. AVIATION WEATHER RESEARCH PLAN.
The Administrator and the Administrator of NOAA
shall develop a collaborative research plan on convective
weather events. The goal of the research is to significantly
improve the reliability of 2-hour to 6-hour aviation weather
forecasts. Within 270 days after the date of enactment of
this Act, the Administrator and the Administrator of NOAA
shall submit this plan to the Committee on Commerce,
Science, and Transportation of the Senate and the Com-
mittee on Science and Technology of the House of Rep-
resentatives.
SEC. 307. FUNDING FOR RESEARCH AND DEVELOPMENT AC-
TIVITIES IN SUPPORT OF OTHER MISSION DI-
RECTORATES.
Research and development activities performed by the
Aeronautics Research Mission Directorate with the primary
objective of assisting in the development of a flight project
in another Mission Directorate shall be funded by the Mis-
sion Directorate seeking assistance.
†
SEC. 308. ENHANCEMENT OF GRANT PROGRAM ON ESTAB-
LISHMENT OF UNIVERSITY-BASED CENTERS
FOR RESEARCH ON AVIATION TRAINING.
Section 427(a) of the National Aeronautics and Space
Administration Authorization Act of 2005 (Public Law
109–155) is amended by striking ‘‘may’’ and inserting
‘‘shall’’.
TITLE IV—EXPLORATION
INITIATIVE
SEC. 401. SENSE OF CONGRESS.
It is the sense of Congress that the President of the
United States should invite America’s friends and allies to
participate in a long-term international initiative under
the leadership of the United States to expand human and
robotic presence into the solar system, including the explo-
ration and utilization of the Moon, near Earth asteroids,
Lagrangian points, and eventually Mars and its moons,
among other exploration and utilization goals. When appro-
priate, the United States should lead confidence building
measures that advance the long-term initiative for inter-
national cooperation.
SEC. 402. REAFFIRMATION OF EXPLORATION POLICY.
Congress hereby affirms its support for—
(1) the broad goals of the space exploration pol-
icy of the United States, including the eventual re-
turn to and exploration of the Moon and other des-
†
tinations in the solar system and the important na-
tional imperative of independent access to space;
(2) the development of technologies and oper-
ational approaches that will enable a sustainable
long-term program of human and robotic exploration
of the solar system;
(3) activity related to Mars exploration, particu-
larly for the development and testing of technologies
and mission concepts needed for eventual consider-
ation 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 explo-
ration activities.
SEC. 403. STEPPING STONE APPROACH TO EXPLORATION.
In order to maximize the cost-effectiveness of the long-
term exploration and utilization activities of the United
States, the Administrator shall take all necessary steps, in-
cluding engaging international partners, to ensure that ac-
tivities in its lunar exploration program shall be designed
and implemented in a manner that gives strong consider-
ation to how those activities might also help meet the re-
quirements of future exploration and utilization activities
beyond the Moon. The timetable of the lunar phase of the
†
long-term international exploration initiative shall be de-
termined by the availability of funding. However, once an
exploration-related project enters its development phase, the
Administrator shall seek, to the maximum extent prac-
ticable, to complete that project without undue delays.
SEC. 404. LUNAR OUTPOST.
(a) ESTABLISHMENT.—As NASA works toward the es-
tablishment of a lunar outpost, NASA shall make no plans
that would require a lunar outpost to be occupied to main-
tain its viability. Any such outpost shall be operable as a
human-tended facility capable of remote or autonomous op-
eration for extended periods.
(b) DESIGNATION.—The United States portion of the
first human-tended outpost established on the surface of the
Moon shall be designated the ‘‘Neil A. Armstrong Lunar
Outpost’’.
(c) SENSE OF CONGRESS.—It is the sense of Congress
that NASA should make use of commercial services to the
maximum extent practicable in support of its lunar outpost
activities.
SEC. 405. EXPLORATION TECHNOLOGY DEVELOPMENT.
(a) IN GENERAL.—A robust program of long-term ex-
ploration-related technology research and development will
be essential for the success and sustainability of any endur-
†
ing initiative of human and robotic exploration of the solar
system.
(b) ESTABLISHMENT.—The Administrator shall carry
out a program of long-term exploration-related technology
research and development, including such things as in-space
propulsion, power systems, life support, and advanced avi-
onics, that is not tied to specific flight projects. The pro-
gram shall have the funding goal of ensuring that the tech-
nology research and development can be completed in a
timely manner in order to support the safe, successful, and
sustainable exploration of the solar system. In addition, in
order to ensure that the broadest range of innovative con-
cepts and technologies are captured, the long-term tech-
nology program shall have the goal of having a significant
portion of its funding available for external grants and con-
tracts with universities, research institutions, and industry.
SEC. 406. EXPLORATION RISK MITIGATION PLAN.
(a) PLAN.—The Administrator shall prepare a plan
that identifies and prioritizes the human and technical
risks that will need to be addressed in carrying out human
exploration beyond low Earth orbit and the research and
development activities required to address those risks. The
plan shall address the role of the International Space Sta-
tion in exploration risk mitigation and include a detailed
†
description of the specific steps being taken to utilize the
International Space Station for that purpose.
(b) REPORT.—The Administrator shall transmit to the
Committee on Science and Technology of the House of Rep-
resentatives and the Committee on Commerce, Science, and
Transportation of the Senate the plan described in sub-
section (a) not later than one year after the date of enact-
ment of this Act.
SEC. 407. EXPLORATION CREW RESCUE.
In order to maximize the ability to rescue astronauts
whose space vehicles have become disabled, the Adminis-
trator shall enter into discussions with the appropriate rep-
resentatives of spacefaring nations who have or plan to have
crew transportation systems capable of orbital flight or
flight beyond low Earth orbit for the purpose of agreeing
on a common docking system standard.
SEC. 408. PARTICIPATORY EXPLORATION.
(a) IN GENERAL.—The Administrator shall develop a
technology plan to enable dissemination of information to
the public to allow the public to experience missions to the
Moon, Mars, or other bodies within our solar system by
leveraging advanced exploration technologies. The plan
shall identify opportunities to leverage technologies in
NASA’s Constellation systems that deliver a rich, multi-
media experience to the public, and that facilitate partici-
†
pation by the public, the private sector, nongovernmental
organizations, and international partners. Technologies for
collecting high-definition video, 3-dimensional images, and
scientific data, along with the means to rapidly deliver this
content through extended high bandwidth communications
networks, shall be considered as part of this plan. It shall
include a review of high bandwidth radio and laser commu-
nications, high-definition video, stereo imagery, 3-dimen-
sional scene cameras, and Internet routers in space, from
orbit, and on the lunar surface. The plan shall also consider
secondary cargo capability for technology validation and
science mission opportunities. In addition, the plan shall
identify opportunities to develop and demonstrate these
technologies on the International Space Station and robotic
missions to the Moon, Mars, and other solar system bodies.
As part of the technology plan, the Administrator shall ex-
amine the feasibility of having NASA enter into contracts
and other agreements with appropriate public, private sec-
tor, and international partners to broadcast electronically,
including via the Internet, images and multimedia records
delivered from its missions in space to the public, and shall
identify issues associated with such contracts and other
agreements. In any such contracts and other agreements,
NASA shall adhere to a transparent bidding process to
award such contracts and other agreements, pursuant to
†
United States law. As part of this plan, the Administrator
shall include estimates of associated costs.
(b) REPORT.—Not later than 270 days after the date
of enactment of this Act, the Administrator shall submit
the plan to the Committee on Science and Technology of
the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate.
SEC. 409. SCIENCE AND EXPLORATION.
It is the sense of Congress that NASA’s scientific and
human exploration activities are synergistic; science enables
exploration and human exploration enables science. The
Congress encourages the Administrator to coordinate, where
practical, NASA’s science and exploration activities with
the goal of maximizing the success of human exploration
initiatives and furthering our understanding of the Uni-
verse that we explore.
SEC. 410. CONGRESSIONAL BUDGET OFFICE REPORT UP-
DATE.
Not later than 6 months after the date of enactment
of this Act, the Congressional Budget Office shall update
its report from 2004 on the budgetary analysis of NASA’s
Vision for the Nation’s Space Exploration Program, includ-
ing new estimates for Project Constellation, NASA’s new
generation of spacecraft designed for human space flight
that will replace the Space Shuttle program.
†
TITLE V—SPACE SCIENCE
SEC. 501. TECHNOLOGY DEVELOPMENT.
The Administrator shall establish an intra-Directorate
long-term technology development program for space and
Earth science within the Science Mission Directorate for
the development of new technology. The program shall be
independent of the flight projects under development. NASA
shall have a goal of funding the intra-Directorate tech-
nology development program at a level of 5 percent of the
total Science Mission Directorate annual budget. The pro-
gram shall be structured to include competitively awarded
grants and contracts.
SEC. 502. PROVISION FOR FUTURE SERVICING OF OBSERV-
ATORY-CLASS SCIENTIFIC SPACECRAFT.
The Administrator shall take all necessary steps to en-
sure that provision is made in the design and construction
of all future observatory-class scientific spacecraft intended
to be deployed in Earth orbit or at a Lagrangian point
in space for robotic or human servicing and repair to the
extent practicable and appropriate.
SEC. 503. MARS EXPLORATION.
Congress reaffirms its support for a systematic, inte-
grated program of exploration of the Martian surface to ex-
amine the planet whose surface is most like Earth’s, to
search for evidence of past or present life, and to examine
†
Mars for future habitability and as a long-term goal for
future human exploration. To the extent affordable and
practical, the program should pursue the goal of launches
at every Mars launch opportunity, leading to an eventual
robotic sample return.
SEC. 504. IMPORTANCE OF A BALANCED SCIENCE PRO-
GRAM.
It is the sense of Congress that a balanced and ade-
quately funded set of activities, consisting of NASA’s re-
search and analysis grants programs, technology develop-
ment, small-, medium-, and large-sized space science mis-
sions, and suborbital research activities, contributes to a ro-
bust and productive science program and serves as a cata-
lyst for innovation.
SEC. 505. SUBORBITAL RESEARCH ACTIVITIES.
(a) SENSE OF CONGRESS.—It is the sense of Congress
that suborbital flight activities, including the use of sound-
ing rockets, aircraft, and high-altitude balloons, and sub-
orbital reusable launch vehicles, offer valuable opportunities
to advance science, train the next generation of scientists
and engineers, and provide opportunities for participants
in the programs to acquire skills in systems engineering
and systems integration that are critical to maintaining
the Nation’s leadership in space programs. The Congress
believes that it is in the national interest to expand the size
†
of NASA’s suborbital research program. It is further the
sense of Congress that funding for suborbital research ac-
tivities should be considered part of the contribution of
NASA to United States competitive and educational en-
hancement and should represent increased funding as con-
templated in section 2001 of the America COMPETES Act
(42 U.S.C. 16611(a)).
(b) REVIEW
OF SUBORBITAL MISSION CAPABILI-
TIES.—
(1) IN GENERAL.—Not later than 120 days after
the date of enactment of this Act, the Administrator
shall enter into an arrangement with the National
Academies to conduct a review of the suborbital mis-
sion capabilities of NASA.
(2) MATTERS REVIEWED.—The review required
by paragraph (1) shall include a review of the fol-
lowing:
(A) Existing programs that make use of
suborbital flights.
(B) The status, capability, and availability
of suborbital platforms, and the infrastructure
and workforce necessary to support them.
(C) Existing or planned launch facilities for
suborbital missions.
†
(D) Opportunities for scientific research,
training, and educational collaboration in the
conduct of suborbital missions by NASA, espe-
cially as they relate to the findings and rec-
ommendations 
of 
the 
National 
Academies
decadal surveys and report on ‘‘Building a Bet-
ter NASA Workforce: Meeting the Workforce
Needs for the National Vision for Space Explo-
ration’’.
(3) REPORT.—
(A) IN
GENERAL.—Not later than 15
months after the date of enactment of this Act,
the Administrator shall submit to the Committee
on Science and Technology of the House of Rep-
resentatives and the Committee on Commerce,
Science, and Transportation of the Senate a re-
port on the review required by this subsection.
(B) CONTENTS.—The report required by
this paragraph shall include a summary of the
review; the findings of the Administrator with
respect to such review; recommendations regard-
ing the growth of suborbital launch programs
conducted by NASA; and the steps necessary to
ensure such programs are conducted using do-
mestic launch facilities to the maximum extent
†
practicable, including any rationale and jus-
tification for using non-domestic facilities for
such missions.
SEC. 
506. 
RESTORATION 
OF 
RADIOISOTOPE 
THERMO-
ELECTRIC GENERATOR MATERIAL PRODUC-
TION.
(a) PLAN.—The Director of OSTP shall develop a plan
for restarting and sustaining the domestic production of ra-
dioisotope thermoelectric generator material for deep space
and other space science missions.
(b) REPORT.—The plan developed under subsection (a)
shall be transmitted to Congress not later than 270 days
after the date of enactment of this Act.
SEC. 507. ASSESSMENT OF IMPEDIMENTS TO INTERAGENCY
COOPERATION 
ON 
SPACE 
AND 
EARTH
SCIENCE MISSIONS.
(a) ASSESSMENTS.—The Administrator, in consulta-
tion with other agencies with space science programs, shall
enter into an arrangement with the National Academies to
assess impediments, including cost growth, to the successful
conduct of interagency cooperation on space science mis-
sions, to provide lessons learned and best practices, and to
recommend steps to help facilitate successful interagency
collaborations on space science missions. As part of the
same arrangement with the National Academies, the Ad-
†
ministrator, in consultation with NOAA and other agencies
with civil Earth observation systems, shall have the Na-
tional Academies assess impediments, including cost
growth, to the successful conduct of interagency cooperation
on Earth science missions, to provide lessons learned and
best practices, and to recommend steps to help facilitate suc-
cessful interagency collaborations on Earth science mis-
sions.
(b) REPORT.—The report of the assessments carried
out under subsection (a) shall be transmitted to the Com-
mittee on Science and Technology of the House of Rep-
resentatives and the Committee on Commerce, Science, and
Transportation of the Senate not later than 15 months after
the date of enactment of this Act.
SEC. 508. ASSESSMENT OF COST GROWTH.
(a) STUDY.—The Administrator shall enter into an ar-
rangement for an independent external assessment to iden-
tify the primary causes of cost growth in the large-, me-
dium-, and small-sized space and Earth science spacecraft
mission classes, and make recommendations as to what
changes, if any, should be made to contain costs and ensure
frequent mission opportunities in NASA’s science spacecraft
mission programs.
†
(b) REPORT.—The report of the assessment conducted
under subsection (a) shall be submitted to Congress not later
than 15 months after the date of enactment of this Act.
SEC. 509. OUTER PLANETS EXPLORATION.
It is the sense of Congress that the outer solar system
planets and their satellites can offer important knowledge
about the formation and evolution of the solar system, the
nature and diversity of these solar system bodies, and the
potential for conditions conducive to life beyond Earth.
NASA should move forward with plans for an Outer Plan-
ets flagship mission to the Europa-Jupiter system or the
Titan-Saturn system as soon as practicable within a bal-
anced Planetary Science program.
TITLE VI—SPACE OPERATIONS
Subtitle A—International Space
Station
SEC. 601. PLAN TO SUPPORT OPERATION AND UTILIZATION
OF THE ISS BEYOND FISCAL YEAR 2015.
(a) IN GENERAL.—The Administrator shall take all
necessary steps to ensure that the International Space Sta-
tion remains a viable and productive facility capable of po-
tential United States utilization through at least 2020 and
shall take no steps that would preclude its continued oper-
ation and utilization by the United States after 2015.
†
(b) PLAN TO SUPPORT OPERATIONS AND UTILIZATION
OF THE INTERNATIONAL SPACE STATION BEYOND FISCAL
YEAR 2015.—
(1) IN GENERAL.—Not later than 9 months after
the date of enactment of this Act, the Administrator
shall submit to the Committee on Science and Tech-
nology of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of
the Senate a plan to support the operations and utili-
zation of the International Space Station beyond fis-
cal year 2015 for a period of not less than 5 years.
The plan shall be an update and expansion of the op-
eration plan of the International Space Station Na-
tional Laboratory submitted to Congress in May 2007
under section 507 of the National Aeronautics and
Space Administration Authorization Act of 2005 (42
U.S.C. 16767).
(2) CONTENT.—
(A) REQUIREMENTS
TO
SUPPORT
OPER-
ATION AND UTILIZATION OF THE ISS BEYOND
FISCAL YEAR 2015.—As part of the plan required
in paragraph (1), the Administrator shall pro-
vide each of the following:
†
(i) A list of critical hardware nec-
essary to support International Space Sta-
tion operations through the year 2020.
(ii) Specific known or anticipated
maintenance actions that would need to be
performed to support International Space
Station operations and research through the
year 2020.
(iii) Annual upmass and downmass
requirements, including potential vehicles
that 
will 
deliver 
such 
upmass 
and
downmass, to support the International
Space Station after the retirement of the
Space Shuttle Orbiter and through the year
2020.
(B) ISS NATIONAL LABORATORY RESEARCH
MANAGEMENT
PLAN.—As part of the plan re-
quired in paragraph (1), the Administrator shall
develop a Research Management Plan for the
International Space Station. Such Plan shall in-
clude a process for selecting and prioritizing re-
search activities (including fundamental, ap-
plied, commercial, and other research) for flight
on the International Space Station. Such Plan
shall be used to prioritize resources such as crew
†
time, racks and equipment, and United States
access to international research facilities and
equipment. Such Plan shall also identify the or-
ganization to be responsible for managing
United States research on the International
Space Station, including a description of the re-
lationship of the management institution with
NASA (e.g., internal NASA office, contract, coop-
erative agreement, or grant), the estimated length
of time for the arrangement, and the budget re-
quired to support the management institution.
Such Plan shall be developed in consultation
with other Federal agencies, academia, industry,
and other relevant stakeholders. The Adminis-
trator may request the support of the National
Academy of Sciences or other appropriate inde-
pendent entity, including an external consultant,
in developing the Plan.
(C) ESTABLISHMENT OF PROCESS FOR AC-
CESS TO NATIONAL LABORATORY.—As part of the
plan required in paragraph (1), the Adminis-
trator shall—
(i) establish a process by which to sup-
port International Space Station National
Laboratory users in identifying their re-
†
quirements for transportation of research
supplies to and from the International
Space Station, and for communicating
those requirements to NASA and Inter-
national Space Station transportation serv-
ices providers; and
(ii) develop an estimate of the trans-
portation requirements needed to support
users of the International Space Station
National Laboratory and develop a plan for
satisfying those requirements by dedicating
a portion of volume on NASA supply mis-
sions to the International Space Station.
(D) ASSESSMENT OF EQUIPMENT TO SUP-
PORT RESEARCH.—As part of the plan required
in paragraph (1), the Administrator shall—
(i) provide a list of critical hardware
that is anticipated to be necessary to sup-
port 
nonexploration-related 
and 
explo-
ration-related research through the year
2020;
(ii) identify existing research equip-
ment and racks and support equipment that
are manifested for flight; and
†
(iii) provide a detailed description of
the status of research equipment and facili-
ties that were completed or in development
prior to being cancelled, and provide the
budget and milestones for completing and
preparing the equipment for flight on the
International Space Station.
(E) BUDGET PLAN.—As part of the plan re-
quired in paragraph (1), the Administrator shall
provide a budget plan that reflects the antici-
pated use of such activities and the projected
amounts to be required for fiscal years 2010
through 2020 to accomplish the objectives of the
activities 
described 
in 
subparagraphs 
(A)
through (D).
SEC. 602. INTERNATIONAL SPACE STATION NATIONAL LAB-
ORATORY ADVISORY COMMITTEE.
(a) ESTABLISHMENT.—Not later than 1 year after the
date of enactment of this Act, the Administrator shall estab-
lish under the Federal Advisory Committee Act a committee
to be known as the ‘‘International Space Station National
Laboratory Advisory Committee’’ (hereafter in this section
referred to as the ‘‘Committee’’).
(b) MEMBERSHIP.—
†
(1) COMPOSITION.—The Committee shall be com-
posed of individuals representing organizations who
have formal agreements with NASA to utilize the
United States portion of the International Space Sta-
tion, including allocations within partner elements.
(2) 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.—
(1) IN GENERAL.—The Committee shall monitor,
assess, and make recommendations regarding effective
utilization of the International Space Station as a
national laboratory and platform for research.
(2) ANNUAL REPORT.—The Committee shall sub-
mit to the Administrator, on an annual basis or more
frequently as considered necessary by a majority of
the members of the Committee, a report containing
the assessments and recommendations required by
paragraph (1).
(d) DURATION.—The Committee shall exist for the life
of the International Space Station.
SEC. 603. CONTINGENCY PLAN FOR CARGO RESUPPLY.
(a) IN GENERAL.—The International Space Station
represents a significant investment of national resources,
and it is a facility that embodies a cooperative inter-
†
national approach to the exploration and utilization of
space. As such, it is important that its continued viability
and productivity be ensured, to the maximum extent pos-
sible, after the Space Shuttle is retired.
(b) CONTINGENCY PLAN.—The Administrator shall de-
velop a contingency plan and arrangements, including use
of International Space Station international partner cargo
resupply capabilities, to ensure the continued viability and
productivity of the International Space Station in the event
that United States commercial cargo resupply services are
not available during any extended period after the date that
the Space Shuttle is retired. The plan shall be delivered to
the Committee on Science and Technology of the House of
Representatives and the Committee on Commerce, Science,
and Transportation of the Senate not later than one year
after the date of enactment of this Act.
SEC. 604. SENSE OF CONGRESS ON USE OF SPACE LIFE
SCIENCES LABORATORY AT KENNEDY SPACE
CENTER.
It is the sense of Congress that the Space Life Sciences
Laboratory at Kennedy Space Center represents a key in-
vestment and asset in the International Space Station Na-
tional Laboratory capability. The laboratory is specifically
designed to provide pre-flight, in-flight, and post-flight sup-
†
port services for International Space Station end-users, and
should be utilized in this manner when appropriate.
Subtitle B—Space Shuttle
SEC. 611. SPACE SHUTTLE FLIGHT REQUIREMENTS.
(a) REPORT ON U.S. HUMAN SPACEFLIGHT CAPABILI-
TIES.—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 para-
graph (1) and inserting the following: ‘‘Not later than 90
days after the date of enactment of the National Aeronautics
and Space Administration Authorization Act of 2008, the
Administrator shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Com-
mittee on Science and Technology of the House of Rep-
resentatives a report on the lack of a United States human
space flight system to replace the Space Shuttle upon its
planned retirement, currently scheduled for 2010, and the
ability of the United States to uphold the policy described
in subsection (a), including a description of—’’.
(b) BASELINE MANIFEST.—In addition to the Space
Shuttle flights listed as part of the baseline flight manifest
as of January 1, 2008, the Utilization flights ULF–4 and
ULF–5 shall be considered part of the Space Shuttle base-
line flight manifest and shall be flown prior to the retire-
ment of the Space Shuttle, currently scheduled for 2010.
†
(c) ADDITIONAL FLIGHT TO DELIVER THE ALPHA
MAGNETIC
SPECTROMETER
AND
OTHER
SCIENTIFIC
EQUIPMENT AND PAYLOADS TO THE INTERNATIONAL SPACE
STATION.—
(1) IN GENERAL.—In addition to the flying of
the baseline manifest as described in subsection (b),
the Administrator shall take all necessary steps to fly
one additional Space Shuttle flight to deliver the
Alpha Magnetic Spectrometer and other scientific
equipment and payloads to the International Space
Station prior to the retirement of the Space Shuttle.
The purpose of the mission required to be planned
under this subsection shall be to ensure the active use
of the United States portion of the International
Space Station as a National Laboratory by the deliv-
ery of the Alpha Magnetic Spectrometer, and to the
extent practicable, the delivery of flight-ready research
experiments prepared under the Memoranda of Un-
derstanding between NASA and other entities to fa-
cilitate the utilization of the International Space Sta-
tion National Laboratory, as well as other funda-
mental and applied life sciences and other micro-
gravity research experiments to the International
Space Station as soon as the assembly of the Inter-
national Space Station is completed.
†
(2) FLIGHT SCHEDULE.—If the Administrator,
within 12 months before the scheduled date of the ad-
ditional Space Shuttle flight authorized by paragraph
(1), determines that—
(A) NASA will be unable to meet that
launch date before the end of calendar year 2010,
unless the President decides to extend Shuttle op-
erations beyond 2010, or
(B) implementation of the additional flight
requirement would, in and of itself, result in—
(i) significant increased costs to NASA
over the cost estimate of the additional
flight as determined by the Independent
Program Assessment Office, or
(ii) unacceptable safety risks associated
with making the flight before termination of
the Space Shuttle program,
the Administrator shall notify the Senate Committee
on Commerce, Science, and Transportation and the
House of Representatives Committee on Science and
Technology of the determination, and provide a de-
tailed explanation of the basis for that determination.
After the notification is provided to the Committees,
the Administrator shall remove the flight from the
Space Shuttle schedule unless the Congress by law re-
†
authorizes the flight or the President certifies that it
is in the national interest to fly the mission.
(d) TERMINATION
OR SUSPENSION
OF ACTIVITIES
THAT WOULD PRECLUDE CONTINUED FLIGHT OF SPACE
SHUTTLE PRIOR TO REVIEW BY THE INCOMING 2009 PRESI-
DENTIAL ADMINISTRATION.—
(1) IN GENERAL.—The Administrator shall ter-
minate or suspend any activity of the Agency that, if
continued between the date of enactment of this Act
and April 30, 2009, would preclude the continued safe
and effective flight of the Space Shuttle after fiscal
year 2010 if the first President inaugurated on Janu-
ary 20, 2009, were to make a determination to delay
the Space Shuttle’s scheduled retirement.
(2) REPORT ON IMPACT OF COMPLIANCE.—With-
in 90 days after the date of enactment of this Act, the
Administrator shall provide a report to the Congress
describing the expected budgetary and programmatic
impacts from compliance with paragraph (1). The re-
port shall include—
(A) a summary of the actions taken to en-
sure the option to continue space shuttle flights
beyond the end of fiscal year 2010 is not pre-
cluded before April 30, 2009;
†
(B) an estimate of additional costs incurred
by each specific action identified in the sum-
mary provided under subparagraph (A);
(C) a description of the proposed plan for
allocating those costs among anticipated fiscal
year 2009 appropriations or existing budget au-
thority;
(D) a description of any programmatic im-
pacts within the Space Operations Mission Di-
rectorate that would result from reallocations of
funds to meet the requirements of paragraph (1);
(E) a description of any additional author-
ity needed to enable compliance with the require-
ments of paragraph (1); and
(F) a description of any potential disrup-
tion to the timely progress of development mile-
stones in the preparation of infrastructure or
work-force requirements for shuttle follow-on
launch systems.
(e) REPORT ON IMPACTS OF SPACE SHUTTLE EXTEN-
SION.—Within 120 days after the date of enactment of this
Act, the Administrator shall provide a report to the Con-
gress outlining options, impacts, and associated costs of en-
suring the safe and effective operation of the Space Shuttle
at the minimum rate necessary to support International
†
Space Station operations and resupply, including for both
a near-term, 1-to-2 year extension of Space Shuttle oper-
ations and for a longer term, 3-to-6 year extension. The
report shall include an assessment of—
(1) annual fixed and marginal costs, including
identification and cost impacts of options for cost-
sharing with the Constellation program and includ-
ing the impact of those cost-sharing options on the
Constellation program;
(2) the safety of continuing the use of the Space
Shuttle beyond 2010, including a probability risk as-
sessment of a catastrophic accident before completion
of the extended Space Shuttle flight program, the un-
derlying assumptions used in calculating that prob-
ability, and comparing the associated safety risks
with those of other existing and planned human-rated
launch systems, including the Soyuz and Constella-
tion vehicles;
(3) a description of the activities and an esti-
mate of the associated costs that would be needed to
maintain or improve Space Shuttle safety throughout
the periods described in the first sentence of this sub-
section were the President inaugurated on January
20, 2009, to extend Space Shuttle operations beyond
†
2010, the correctly anticipated date of Space Shuttle
retirement;
(4) the impacts on facilities, workforce, and re-
sources for the Constellation program and on the cost
and schedule of that program;
(5) assumptions regarding workforce, skill mix,
launch 
and 
processing 
infrastructure, 
training,
ground support, orbiter maintenance and vehicle uti-
lization, and other relevant factors, as appropriate,
used in deriving the cost and schedule estimates for
the options studied;
(6) the extent to which program management,
processes, and workforce and contractor assignments
can be integrated and streamlined for maximum effi-
ciency to support continued shuttle flights while
transitioning to the Constellation program, including
identification of associated cost impacts on both the
Space Shuttle and the Constellation program;
(7) the impact of a Space Shuttle flight program
extention on the United States’ dependence on Russia
for International Space Station crew rescue services;
and
(8) the potential for enhancements of Inter-
national Space Station research, logistics, and main-
tenance capabilities resulting from extended Shuttle
†
flight operations and the costs associated with imple-
menting any such enhancements.
SEC. 612. UNITED STATES COMMERCIAL CARGO CAPABILITY
STATUS.
The Administrator shall determine the degree to which
an increase in the amounts authorized to be appropriated
under section 101(3) for the Commercial Orbital Transpor-
tation Services project to be used by Phase One team mem-
bers 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.
SEC. 613. SPACE SHUTTLE TRANSITION.
(a) DISPOSITION OF SHUTTLE-RELATED ASSETS.—
(1) IN GENERAL.—Not later than 90 days after
the date of enactment of this Act, the Administrator
shall submit to Congress a plan describing the process
for the disposition of the remaining Space Shuttle Or-
biters and other Space Shuttle program-related hard-
ware 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 mu-
seums, and other appropriate organizations may ac-
†
quire, through loan or disposal by the Federal Gov-
ernment, Space Shuttle program hardware.
(3) PROHIBITION ON DISPOSITION BEFORE COM-
PLETION OF PLAN.—The Administrator shall not dis-
pose 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
develop a plan and establish a Space Shuttle Transi-
tion Liaison Office within the Office of Human Cap-
ital Management of NASA to assist local communities
affected by the termination of the Space Shuttle pro-
gram in mitigating the negative impacts on such
communities caused by such termination. The plan
shall define the size of the affected local community
that would receive assistance described in paragraph
(2).
(2) MANNER OF ASSISTANCE.—In providing as-
sistance under paragraph (1), the office established
under such paragraph shall—
(A) offer nonfinancial, technical assistance
to communities described in such paragraph to
assist in the mitigation described in such para-
graph; and
†
(B) serve as a clearinghouse to assist such
communities in identifying services available
from other Federal, State, and local agencies to
assist in such mitigation.
(3) TERMINATION OF OFFICE.—The office estab-
lished under paragraph (1) shall terminate 2 years
after the completion of the last Space Shuttle flight.
(4) SUBMISSION.—Not later than 180 days after
the date of enactment of this Act, NASA shall provide
a copy of the plan required by paragraph (1) to the
Congress.
SEC. 614. AEROSPACE SKILLS RETENTION AND INVEST-
MENT REUTILIZATION REPORT.
(a) IN GENERAL.—The Administrator shall, in con-
sultation with other Federal agencies, as appropriate—
(1) carry out an analysis of the facilities and
human capital resources that will become available as
a result of the retirement of the Space Shuttle pro-
gram; and
(2) identify on-going or future Federal programs
and projects that could use such facilities and re-
sources.
(b) REPORT.—Not later than 180 days after the date
of enactment of this Act, the Administrator shall submit
to the Committee on Science and Technology of the House
†
of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report—
(1) on the analysis required by paragraph (1) of
subsection (a), including the findings of the Adminis-
trator with respect to such analysis; and
(2) describing the programs and projects identi-
fied under paragraph (2) of such subsection.
SEC. 615. TEMPORARY CONTINUATION OF COVERAGE OF
HEALTH BENEFITS.
(a) IN GENERAL.—Section 8905a(d) of title 5, United
States Code, is amended by adding at the end the following
new paragraph:
‘‘(6)(A) If the basis for continued coverage under
this section is, as a result of the termination of the
Space Shuttle Program, an involuntary separation
from a position due to a reduction-in-force or declina-
tion of a directed reassignment or transfer of func-
tion, or a voluntary separation from a surplus posi-
tion in the National Aeronautics and Space
Administration—
‘‘(i) the individual shall be liable for not
more than the employee contributions referred to
in paragraph (1)(A)(i); and
†
‘‘(ii) the National Aeronautics and Space
Administration shall pay the remaining portion
of the amount required under paragraph (1)(A).
‘‘(B) This paragraph shall only apply with re-
spect to individuals whose continued coverage is based
on a separation occurring on or after the date of en-
actment of this paragraph and before December 31,
2010.
‘‘(C) For purposes of this paragraph, ‘surplus
position’ means a position which is—
‘‘(i) identified in pre-reduction-in-force
planning as no longer required, and which is ex-
pected to be eliminated under formal reduction-
in-force procedures as a result of the termination
of the Space Shuttle Program; or
‘‘(ii) encumbered by an employee who has
received official certification from the National
Aeronautics and Space Administration con-
sistent with the Administration’s career transi-
tion assistance program regulations that the po-
sition is being abolished as a result of the termi-
nation of the Space Shuttle Program.’’.
(b) CONFORMING AMENDMENT.—Paragraph (1)(A) of
such subsection (d) is amended by striking ‘‘(4) and (5)’’
and inserting ‘‘(4), (5), and (6)’’.
†
SEC. 616. ACCOUNTING REPORT.
Within 180 days after the date of enactment of this
Act, the Administrator shall provide to the Committee on
Science and Technology of the House of Representatives and
the Committee on Commerce, Science, and Transportation
of the Senate a report that will summarize any actions
taken or planned to be taken during fiscal years 2008 and
2009 to begin reductions in expenditures and activities re-
lated to the Space Shuttle program. The report shall include
a summary of any actual or anticipated cost savings to
the Space Shuttle program relative to the FY 2008 and FY
2009 Space Shuttle program budgets and runout projec-
tions as a result of such actions, as well as a summary
of any actual or anticipated liens or budgetary challenges
to the Space Shuttle program during fiscal years 2008 and
2009.
Subtitle C—Launch Services
SEC. 621. LAUNCH SERVICES STRATEGY.
(a) IN GENERAL.—In preparation for the award of
contracts to follow up on the current NASA Launch Serv-
ices (NLS) contracts, the Administrator shall develop a
strategy for providing domestic commercial launch services
in support of NASA’s small and medium-sized Science,
Space Operations, and Exploration missions, consistent
with current law and policy.
†
(b) REPORT.—The Administrator shall transmit a re-
port to the Committee on Science and Technology of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate describing the
strategy developed under subsection (a) not later than 90
days after the date of enactment of this Act. The report shall
provide, at a minimum—
(1) the results of the Request for Information on
small to medium-sized launch services released on
April 22, 2008;
(2) an analysis of possible alternatives to main-
tain small and medium-sized lift capabilities after
June 30, 2010, including the use of the Department
of Defense’s Evolved Expendable Launch Vehicle
(EELV);
(3) the recommended alternatives, and associated
5-year budget plans starting in October 2010 that
would enable their implementation; and
(4) a contingency plan in the event the rec-
ommended alternatives described in paragraph (3)
are not available when needed.
TITLE VII—EDUCATION
SEC. 701. RESPONSE TO REVIEW.
(a) PLAN.—The Administrator shall prepare a plan
identifying actions taken or planned in response to the rec-
†
ommendations of the National Academies report, ‘‘NASA’s
Elementary and Secondary Education Program: Review
and Critique’’. For those actions that have not been imple-
mented, the plan shall include a schedule and budget re-
quired to support the actions.
(b) REPORT.—The plan prepared under subsection (a)
shall be transmitted to the Committee on Science and Tech-
nology of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate
not later than 1 year after the date of enactment of this
Act.
SEC. 702. EXTERNAL REVIEW OF EXPLORER SCHOOLS PRO-
GRAM.
(a) REVIEW.—The Administrator shall make arrange-
ments for an independent external review of the Explorer
Schools program to evaluate its goals, status, plans, and
accomplishments.
(b) REPORT.—The report of the independent external
review shall be transmitted to the Committee on Science
and Technology of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate not later than 1 year after the date of enactment
of this Act.
†
SEC. 703. SENSE OF CONGRESS ON EARTHKAM AND ROBOT-
ICS COMPETITIONS.
It is the sense of Congress that NASA’s educational
programs are important sources of inspiration and hands-
on learning for the next generation of engineers and sci-
entists and should be supported. In that regard, programs
such as EarthKAM, which brings NASA directly into Amer-
ican classrooms by enabling students to talk directly with
astronauts aboard the International Space Station and to
take photographs of Earth from space, and NASA involve-
ment in robotics competitions for students of all levels, are
particularly worthy undertakings and NASA should sup-
port them and look for additional opportunities to engage
students through NASA’s space and aeronautics activities.
SEC. 704. ENHANCEMENT OF EDUCATIONAL ROLE OF NASA.
(a) SENSE OF CONGRESS.—It is the sense of Congress
that the International Space Station offers a unique oppor-
tunity for Federal agencies to engage students in science,
technology, engineering, and mathematics education. Con-
gress encourages NASA to include other Federal agencies
in its planning efforts to use the International Space Sta-
tion National Laboratory for science, technology, engineer-
ing, and mathematics educational activities.
(b) EXPERIMENTAL PROGRAM TO STIMULATE COM-
PETITIVE RESEARCH.—In order to ensure that research ex-
pertise and talent throughout the Nation is developed and
†
engaged in NASA research and education activities, NASA
shall, as part of its annual budget submission, detail addi-
tional steps that can be taken to further integrate the par-
ticipating EPSCoR States in both existing and new or
emerging NASA research programs and center activities.
(c) NATIONAL SPACE GRANT COLLEGE AND FELLOW-
SHIP PROGRAM.—NASA shall continue its emphasis on the
importance of education to expand opportunities for Ameri-
cans to understand and participate in NASA’s aeronautics
and space projects by supporting and enhancing science
and engineering education, research, and public outreach
efforts.
TITLE VIII—NEAR-EARTH
OBJECTS
SEC. 801. REAFFIRMATION OF POLICY.
(a) REAFFIRMATION OF POLICY ON SURVEYING NEAR-
EARTH ASTEROIDS AND COMETS.—Congress reaffirms the
policy set forth in section 102(g) of the National Aero-
nautics and Space Act of 1958 (42 U.S.C. 2451(g)) (relat-
ing to surveying near-Earth asteroids and comets).
(b) SENSE OF CONGRESS ON BENEFITS OF NEAR-
EARTH OBJECT PROGRAM ACTIVITIES.—It is the sense of
Congress that the near-Earth object program activities of
NASA will provide benefits to the scientific and exploration
activities of NASA.
†
SEC. 802. FINDINGS.
Congress makes the following findings:
(1) Near-Earth objects pose a serious and cred-
ible threat to humankind, as many scientists believe
that a major asteroid or comet was responsible for the
mass extinction of the majority of the Earth’s species,
including the dinosaurs, nearly 65,000,000 years ago.
(2) Several such near-Earth objects have only
been discovered within days of the objects’ closest ap-
proach to Earth and recent discoveries of such large
objects indicate that many large near-Earth objects
remain undiscovered.
(3) Asteroid and comet collisions rank as one of
the most costly natural disasters that can occur.
(4) The time needed to eliminate or mitigate the
threat of a collision of a potentially hazardous near-
Earth object with Earth is measured in decades.
(5) Unlike earthquakes and hurricanes, asteroids
and comets can provide adequate collision informa-
tion, enabling the United States to include both aster-
oid-collision and comet-collision disaster recovery and
disaster avoidance in its public-safety structure.
(6) Basic information is needed for technical
and policy decisionmaking for the United States to
create a comprehensive program in order to be ready
to eliminate and mitigate the serious and credible
†
threats to humankind posed by potentially hazardous
near-Earth asteroids and comets.
(7) As a first step to eliminate and to mitigate
the risk of such collisions, situation and decision
analysis processes, as well as procedures and system
resources, must be in place well before a collision
threat becomes known.
SEC. 803. 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; 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 WITH RESPECT TO
THREATS POSED BY NEAR-EARTH OBJECTS.
Within 2 years after the date of enactment of this Act,
the Director of the 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 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.
SEC. 805. PLANETARY RADAR CAPABILITY.
The Administrator shall maintain a planetary radar
that is comparable to the capability provided through the
Deep Space Network Goldstone facility of NASA.
SEC. 806. ARECIBO OBSERVATORY.
Congress reiterates its support for the use of the Are-
cibo Observatory for NASA-funded near-Earth object-re-
lated activities. The Administrator, using funds authorized
in section 101(a)(1)(B), shall ensure the availability of the
Arecibo Observatory’s planetary radar to support these ac-
tivities until the National Academies’ review of NASA’s ap-
proach for the survey and deflection of near-Earth objects,
including a determination of the role of Arecibo, that was
directed to be undertaken by the Fiscal Year 2008 Omnibus
Appropriations Act, is completed.
†
SEC. 807. INTERNATIONAL RESOURCES.
It is the sense of Congress that, since an estimated
25,000 asteroids of concern have yet to be discovered and
monitored, the United States should seek to obtain commit-
ments for cooperation from other nations with significant
resources for contributing to a thorough and timely search
for such objects and an identification of their characteris-
tics.
TITLE IX—COMMERCIAL
INITIATIVES
SEC. 901. SENSE OF CONGRESS.
It is the sense of Congress that a healthy and robust
commercial sector can make significant contributions to the
successful conduct of NASA’s space exploration program.
While some activities are inherently governmental in 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. It is further
the sense of Congress that United States entrepreneurial
space companies have the potential to develop and deliver
†
innovative technology solutions at affordable costs. NASA
is encouraged to use United States entrepreneurial space
companies to conduct appropriate research and develop-
ment activities. NASA is further encouraged to seek ways
to ensure that firms that rely on fixed-price proposals are
not disadvantaged when NASA seeks to procure technology
development.
SEC. 902. 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-
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 2 or more commercial entities for a
Phase 1 Commercial Orbital Transportation Services
crewed vehicle demonstration program.
(b) CONGRESSIONAL INTENT.—It is the intent of 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(3)(A), and for future
fiscal years, for Orion Crew Exploration Vehicle develop-
ment, Ares I Crew Launch Vehicle development, or Inter-
national Space Station cargo delivery.
(c) ADDITIONAL TECHNOLOGIES.—NASA shall make
International Space Station-compatible docking adaptors
and other relevant technologies available to the commercial
crew providers selected to service the International Space
Station.
(d) CREW TRANSFER AND CREW RESCUE SERVICES
CONTRACT.—If a commercial provider demonstrates the 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.
TITLE 
X—REVITALIZATION 
OF
NASA INSTITUTIONAL CAPA-
BILITIES
SEC. 1001. REVIEW OF INFORMATION SECURITY CONTROLS.
(a) REPORT ON CONTROLS.—Not later than one year
after the date of enactment of this Act, the Comptroller Gen-
eral shall transmit to the Committee on Science and Tech-
nology of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate
a review of information security controls that protect
NASA’s information technology resources and information
from inadvertent or deliberate misuse, fraudulent use, dis-
closure, modification, or destruction. The review shall focus
†
on networks servicing NASA’s mission directorates. In as-
sessing these controls, the review shall evaluate—
(1) the network’s ability to limit, detect, and
monitor access to resources and information, thereby
safeguarding and protecting them from unauthorized
access;
(2) the physical access to network resources; and
(3) the extent to which sensitive research and
mission data is encrypted.
(b) RESTRICTED REPORT ON INTRUSIONS.—Not later
than one year after the date of enactment of this Act, and
in conjunction with the report described in subsection (a),
the Comptroller General shall transmit to the Committee
on Science and Technology of the House of Representatives
and the Committee on Commerce, Science, and Transpor-
tation of the Senate a restricted report detailing results of
vulnerability assessments conducted by the Government Ac-
countability Office on NASA’s network resources. Intrusion
attempts during such vulnerability assessments shall be di-
vulged to NASA senior management prior to their applica-
tion. The report shall put vulnerability assessment results
in the context of unauthorized accesses or attempts during
the prior two years and the corrective actions, recent or on-
going, that NASA has implemented in conjunction with
other Federal authorities to prevent such intrusions.
†
SEC. 1002. MAINTENANCE AND UPGRADE OF CENTER FA-
CILITIES.
(a) IN GENERAL.—In order to sustain healthy Centers
that are capable of carrying out NASA’s missions, the Ad-
ministrator shall ensure that adequate maintenance and
upgrading of those Center facilities is performed on a reg-
ular basis.
(b) REVIEW.—The Administrator shall determine and
prioritize the maintenance and upgrade backlog at each of
NASA’s Centers and associated facilities, and shall develop
a strategy and budget plan to reduce that maintenance and
upgrade backlog by 50 percent over the next five years.
(c) REPORT.—The Administrator shall deliver a report
to Congress on the results of the activities undertaken in
subsection (b) concurrently with the delivery of the fiscal
year 2011 budget request.
SEC. 1003. ASSESSMENT OF NASA LABORATORY CAPABILI-
TIES.
(a) IN GENERAL.—NASA’s laboratories are a critical
component of NASA’s research capabilities, and the Admin-
istrator shall ensure that those laboratories remain produc-
tive.
(b) REVIEW.—The Administrator shall enter into an
arrangement for an independent external review of NASA’s
laboratories, including laboratory equipment, facilities, and
support services, to determine whether they are equipped
†
and maintained at a level adequate to support NASA’s re-
search activities. The assessment shall also include an as-
sessment of the relative quality of NASA’s in-house labora-
tory equipment and facilities compared to comparable lab-
oratories elsewhere. The results of the review shall be pro-
vided to the Committee on Science and Technology of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate not later than
18 months after the date of enactment of this Act.
SEC. 1004. STUDY AND REPORT ON PROJECT ASSIGNMENT
AND WORK ALLOCATION OF FIELD CENTERS.
(a) STUDY.—
(1) IN GENERAL.—Not later than 180 days after
the date of enactment of this Act, the Administrator
shall complete a study of all field centers of NASA,
including the Michoud Assembly Facility.
(2) MATTERS STUDIED.—The study required by
paragraph (1) shall include the mission and future
roles and responsibilities of the field centers, includ-
ing the Michoud Assembly Facility, described in
paragraph (1).
(b) REPORT.—
(1) IN GENERAL.—Not later than 180 days after
the date of enactment of this Act, the Administrator
shall submit to the appropriate congressional commit-
†
tees a report on the study required by subsection
(a)(1).
(2) CONTENT.—The report required by para-
graph (1) shall include the following:
(A) A comprehensive analysis of the work
allocation of all field centers of NASA, including
the Michoud Assembly Facility.
(B) A description of the program and
project roles, functions, and activities assigned to
each field center, including the Michoud Assem-
bly Facility.
(C) Details on how field centers, including
the Michoud Assembly Facility, are selected and
designated for lead and support role work as-
signments (including program and contract
management assignments).
TITLE XI—OTHER PROVISIONS
SEC. 1101. SPACE WEATHER.
(a) PLAN FOR REPLACEMENT OF ADVANCED COMPOSI-
TION EXPLORER AT L–1 LAGRANGIAN POINT.—
(1) PLAN.—The Director of OSTP shall develop
a plan for sustaining space-based measurements of
solar wind from the L–1 Lagrangian point in space
and for the dissemination of the data for operational
purposes. OSTP shall consult with NASA, NOAA,
†
and other Federal agencies, and with industry, in de-
veloping the plan.
(2) REPORT.—The Director shall transmit the
plan to Congress not later than 1 year after the date
of enactment of this Act.
(b) ASSESSMENT OF THE IMPACT OF SPACE WEATHER
ON AVIATION.—
(1) STUDY.—The Director of OSTP shall enter
into an arrangement with the National Research
Council for a study of the impacts of space weather
on the current and future United States aviation in-
dustry, and in particular to examine the risks for
Over-The-Pole (OTP) and Ultra-Long-Range (ULR)
operations. The study shall—
(A) examine space weather impacts on, at a
minimum, communications, navigation, avi-
onics, and human health in flight;
(B) assess the benefits of space weather in-
formation and services to reduce aviation costs
and maintain safety; and
(C) 
provide 
recommendations 
on 
how
NOAA, the National Science Foundation, and
other relevant agencies, can most effectively
carry out research and monitoring activities re-
lated to space weather and aviation.
†
(2) REPORT.—A report containing the results of
the study shall be provided to the Committee on
Science and Technology of the House of Representa-
tives and the Committee on Commerce, Science, and
Transportation of the Senate not later than 1 year
after the date of enactment of this Act.
SEC. 1102. INITIATION OF DISCUSSIONS ON DEVELOPMENT
OF FRAMEWORK FOR SPACE TRAFFIC MAN-
AGEMENT.
(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 con-
sultation with such other agencies of the Federal Govern-
ment as the Administrator considers appropriate, initiate
discussions with the appropriate representatives of other
space-faring countries to determine an appropriate frame-
work under which information intended to promote safe ac-
cess into outer space, operations in outer space, and return
from outer space to Earth free from physical or radio-fre-
quency interference can be shared among those nations.
†
SEC. 1103. ASTRONAUT HEALTH CARE.
(a) SURVEY.—The Administrator shall administer an
anonymous survey of astronauts and flight surgeons to
evaluate communication, relationships, and the effectiveness
of policies. The survey questions and the analysis of results
shall be evaluated by experts independent of NASA. The
survey shall be administered on at least a biennial basis.
(b) REPORT.—The Administrator shall transmit a re-
port of the results of the survey to Congress not later than
90 days following completion of the survey.
SEC. 1104. NATIONAL ACADEMIES DECADAL SURVEYS.
(a) IN GENERAL.—The Administrator shall enter into
agreements on a periodic basis with the National Academies
for independent assessments, also known as decadal surveys,
to take stock of the status and opportunities for Earth and
space science discipline fields and Aeronautics research and
to recommend priorities for research and programmatic
areas over the next decade.
(b) INDEPENDENT COST ESTIMATES.—The agreements
described in subsection(a) shall include independent esti-
mates of the life cycle costs and technical readiness of mis-
sions assessed in the decadal surveys whenever possible.
(c) REEXAMINATION.—The Administrator shall request
that each National Academies decadal survey committee
identify any conditions or events, such as significant cost
growth or scientific or technological advances, that would
†
warrant NASA asking the National Academies to reexam-
ine the priorities that the decadal survey had established.
SEC. 1105. INNOVATION PRIZES.
(a) IN GENERAL.—Prizes can play a useful role in en-
couraging innovation in the development of technologies
and products that can assist NASA in its aeronautics and
space activities, and the use of such prizes by NASA should
be encouraged.
(b) AMENDMENTS.—Section 314 of the National Aero-
nautics and Space Act of 1958 is amended—
(1) by amending subsection (b) to read as fol-
lows:
‘‘(b) TOPICS.—In selecting topics for prize competi-
tions, the Administrator shall consult widely both within
and outside the Federal Government, and may empanel ad-
visory committees. The Administrator shall give consider-
ation to prize goals such as the demonstration of the ability
to provide energy to the lunar surface from space-based
solar power systems, demonstration of innovative near-
Earth object survey and deflection strategies, and innova-
tive approaches to improving the safety and efficiency of
aviation systems.’’; and
(2) 
in 
subsection 
(i)(4) 
by 
striking
‘‘$10,000,000’’ and inserting ‘‘$50,000,000’’.
†
SEC. 1106. COMMERCIAL SPACE LAUNCH RANGE STUDY.
(a) STUDY BY INTERAGENCY COMMITTEE.—The Direc-
tor of OSTP shall work with other appropriate Federal
agencies to establish an interagency committee to conduct
a study to—
(1) identify the issues and challenges associated
with establishing space launch ranges and facilities
that are fully dedicated to commercial space missions
in close proximity to Federal launch ranges or other
Federal facilities; and
(2) develop a coordinating mechanism such that
States seeking to establish such commercial space
launch ranges will be able to effectively and efficiently
interface with the Federal Government concerning
issues related to the establishment of such commercial
launch ranges in close proximity to Federal launch
ranges or other Federal facilities.
(b) REPORT.—The Director shall, not later than May
31, 2010, submit to the Committee on Science and Tech-
nology of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate
a report on the results of the study conducted under sub-
section (a).
SEC. 1107. NASA OUTREACH PROGRAM.
(a) ESTABLISHMENT.—NASA shall competitively se-
lect an organization to partner with NASA centers, aero-
†
space contractors, and academic institutions to carry out
a program to help promote the competitiveness of small, mi-
nority-owned, and women-owned businesses in communities
across the United States through enhanced insight into the
technologies of NASA’s space and aeronautics programs.
The program shall support the mission of NASA’s Innova-
tive Partnerships Program with its emphasis on joint part-
nerships with industry, academia, government agencies,
and national laboratories.
(b) PROGRAM STRUCTURE.—In carrying out the pro-
gram described in subsection (a), the organization shall
support the mission of NASA’s Innovative Partnerships
Program by undertaking the following activities:
(1) Facilitating the enhanced insight of the pri-
vate sector into NASA’s technologies in order to in-
crease the competitiveness of the private sector in pro-
ducing viable commercial products.
(2) Creating a network of academic institutions,
aerospace contractors, and NASA centers that will
commit to donating appropriate technical assistance
to small businesses, giving preference to socially and
economically disadvantaged small business concerns,
small business concerns owned and controlled by serv-
ice-disabled veterans, and HUBZone small business
†
concerns. This paragraph shall not apply to any con-
tracting actions entered into or taken by NASA.
(3) Creating a network of economic development
organizations to increase the awareness and enhance
the effectiveness of the program nationwide.
(c) REPORT.—Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Admin-
istrator shall submit a report to the Committee on Science
and Technology of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate describing the efforts and accomplishments of the
program established under subsection (a) in support of
NASA’s Innovative Partnerships Program. As part of the
report, the Administrator shall provide—
(1) data on the number of small businesses re-
ceiving assistance, jobs created and retained, and vol-
unteer hours donated by NASA, contractors, and aca-
demic institutions nationwide;
(2) an estimate of the total dollar value of the
economic impact made by small businesses that re-
ceived technical assistance through the program; and
(3) an accounting of the use of funds appro-
priated for the program.
†
SEC. 1108. REDUCTION-IN-FORCE MORATORIUM.
NASA shall not initiate or implement a reduction-in-
force, or conduct any other involuntary separations of per-
manent, non-Senior Executive Service, civil servant em-
ployees before December 31, 2010, except for cause on
charges of misconduct, delinquency, or inefficiency.
SEC. 1109. PROTECTION OF SCIENTIFIC CREDIBILITY, IN-
TEGRITY, 
AND 
COMMUNICATION 
WITHIN
NASA.
(a) SENSE OF THE CONGRESS.—It is the sense of Con-
gress that NASA should not dilute, distort, suppress, or im-
pede scientific research or the dissemination thereof.
(b) STUDY.—Within 60 days after the date of enact-
ment of this Act, the Comptroller General shall—
(1) initiate a study to be completed within 270
days to determine whether the regulations set forth in
part 1213 of title 14, Code of Federal Regulations, are
being implemented in a clear and consistent manner
by NASA to ensure the dissemination of research; and
(2) transmit a report to the Congress setting
forth the Comptroller General’s findings, conclusions,
and recommendations.
(c) RESEARCH.—The Administrator shall work to en-
sure that NASA’s policies on the sharing of climate related
data respond to the recommendations of the Government Ac-
countability Office’s report on climate change research and
†
data-sharing policies and to the recommendations on the
processing, distribution, and archiving of data by the Na-
tional Academies Earth Science Decadal Survey, ‘‘Earth
Science and Applications from Space’’, and other relevant
National Academies reports, to enhance and facilitate their
availability and widest possible use to ensure public access
to accurate and current data on global warming.
SEC. 1110. SENSE OF CONGRESS REGARDING THE NEED
FOR A ROBUST WORKFORCE.
It is the sense of Congress that—
(1) a robust and highly skilled workforce is crit-
ical to the success of NASA’s programs;
(2) voluntary attrition, the retirement of many
senior workers, and difficulties in recruiting could
leave NASA without access to the intellectual capital
necessary to compete with its global competitors; and
(3) NASA should work cooperatively with other
agencies of the United States Government responsible
for programs related to space and the aerospace in-
dustry to develop and implement policies, including
those with an emphasis on improving science, tech-
nology, engineering, and mathematics education at
all levels, to sustain and expand the diverse workforce
available to NASA.
†
SEC. 1111. METHANE INVENTORY.
Within 12 months after the date of enactment of this
Act, the Director of OSTP, in conjunction with the Admin-
istrator, the Administrator of NOAA, and other appropriate
Federal agencies and academic institutions, shall develop
a plan, including a cost estimate and timetable, and ini-
tiate an inventory of natural methane stocks and fluxes in
the polar region of the United States.
SEC. 1112. EXCEPTION TO ALTERNATIVE FUEL PROCURE-
MENT REQUIREMENT.
Section 526(a) of the Energy Independence and Secu-
rity Act of 2007 (42 U.S.C. 17142(a)) does not prohibit
NASA from entering into a contract to purchase a generally
available fuel that is not an alternative or synthetic fuel
or predominantly produced from a nonconventional petro-
leum source, if—
(1) the contract does not specifically require the
contractor to provide an alternative or synthetic fuel
or fuel from a nonconventional petroleum source;
(2) the purpose of the contract is not to obtain
an alternative or synthetic fuel or fuel from a non-
conventional petroleum source; and
(3) the contract does not provide incentives for a
refinery upgrade or expansion to allow a refinery to
use or increase its use of fuel from a nonconventional
petroleum source.
†
SEC. 1113. SENSE OF CONGRESS ON THE IMPORTANCE OF
THE NASA OFFICE OF PROGRAM ANALYSIS
AND EVALUATION.
(a) OFFICE
OF PROGRAM ANALYSIS
AND EVALUA-
TION.—It is the sense of Congress that it is important for
NASA to maintain an Office of Program Analysis and
Evaluation that has as its mission:
(1) To develop strategic plans for NASA in ac-
cordance with section 306 of title 5, United States
Code.
(2) To develop annual performance plans for
NASA in accordance with section 1115 of title 31,
United States Code.
(3) To provide analysis and recommendations to
the Administrator on matters relating to the planning
and programming phases of the Planning, Program-
ming, Budgeting, and Execution system of NASA.
(4) To provide analysis and recommendations to
the Administrator on matters relating to acquisition
management and program oversight, including cost-
estimating processes, contractor cost reporting proc-
esses, and contract performance assessments.
(b) OBJECTIVES.—It is further the sense of Congress
that in performing those functions, the objectives of the Of-
fice should be the following:
†
(1) To align NASA’s mission, strategic plan,
budget, and performance plan with strategic goals
and institutional requirements of NASA.
(2) To provide objective analysis of programs
and institutions of NASA—
(A) to generate investment options for
NASA; and
(B) to inform strategic decision making in
NASA.
(3) To enable cost-effective, strategically aligned
execution of programs and projects by NASA.
(4) To perform independent cost estimation in
support of NASA decision making and establishment
of standards for agency cost analysis.
(5) To ensure that budget formulation and execu-
tion are consistent with strategic investment decisions
of NASA.
(6) To provide independent program and project
reviews that address the credibility of technical, cost,
schedule, risk, and management approaches with re-
spect to available resources.
(7) To facilitate progress by NASA toward meet-
ing the commitments of NASA.
†
SEC. 1114. SENSE OF CONGRESS ON ELEVATING THE IM-
PORTANCE OF SPACE AND AERONAUTICS
WITHIN THE EXECUTIVE OFFICE OF THE
PRESIDENT.
It is the sense of Congress that the President should
elevate the importance of space and aeronautics within the
Executive Office of the President by organizing the inter-
agency focus on space and aeronautics matters in as effec-
tive a manner as possible, such as by means of the National
Space Council authorized by section 501 of the National
Aeronautics and Space Administration Authorization Act,
Fiscal Year 1989 (42 U.S.C. 2471) or other appropriate
mechanisms.
SEC. 1115. STUDY ON LEASING PRACTICES OF FIELD CEN-
TERS.
(a) STUDY.—Not later than 180 days after the date
of enactment of this Act, the Administrator shall complete
a study on the leasing practices of all field centers of NASA,
including the Michoud Assembly Facility. Such study shall
include the following:
(1) The method by which overhead maintenance
expenses are distributed among tenants of such field
centers.
(2) Identification of the impacts of such method
on attracting businesses and partnerships to such
field centers.