[Senate Report 110-422]
[From the U.S. Government Publishing Office]
110th Congress
2d Session SENATE Report
110-422
_______________________________________________________________________
Calendar No. 884
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION AUTHORIZATION ACT OF 2008
__________
R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 3270
July 16, 2008.--Ordered to be printed
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred tenth congress
second session
DANIEL K. INOUYE, Hawaii, Chairman
TED STEVENS, Alaska, Vice-Chairman
JOHN D. ROCKEFELLER IV, West JOHN McCAIN, Arizona
Virginia KAY BAILEY HUTCHISON, Texas
JOHN F. KERRY, Massachusetts OLYMPIA J. SNOWE, Maine
BYRON L. DORGAN, North Dakota GORDON H. SMITH, Oregon
BARBARA BOXER, California JOHN ENSIGN, Nevada
BILL NELSON, Florida JOHN E. SUNUNU, New Hampshire
MARIA CANTWELL, Washington JIM DeMINT, South Carolina
FRANK R. LAUTENBERG, New Jersey DAVID VITTER, Louisiana
MARK PRYOR, Arkansas JOHN THUNE, South Dakota
THOMAS CARPER, Delaware ROGER F. WICKER, Mississippi
CLAIRE McCASKILL, Missouri
AMY KLOBUCHAR, Minnesota
Margaret Cummisky, Staff Director and Chief Counsel
Lila Helms, Deputy Staff Director and Policy Director
Jean Toal Eisen, Senior Advisor and Deputy Policy Director
Christine Kurth, Republican Staff Director and General Counsel
Paul J. Nagle, Republican Chief Counsel
Mimi Braniff, Republican Deputy Chief Counsel
Calendar No. 884
110th Congress Report
SENATE
2d Session 110-422
======================================================================
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION AUTHORIZATION ACT OF 2008
_______
July 16, 2008.--Ordered to be printed
_______
Mr. Inouye, from the Committee on Commerce, Science, and
Transportation, submitted the following
REPORT
[To accompany S. 3270]
The Committee on Commerce, Science, and Transportation
reports favorably an original bill to reauthorize the National
Aeronautics and Space Administration, and for other purposes,
having considered the same, and recommends that the bill do
pass.
Purpose of the Bill
The purpose of the bill is to authorize programs of the
National Aeronautics and Space Administration (NASA) for fiscal
year (FY) 2009.
Background and Needs
In January 2004, the President announced the Vision for Space
Exploration, a broad pronouncement that called for NASA to
complete construction of the International Space Station (ISS),
retire the Space Shuttle, develop a new, next generation crew
vehicle, and return Americans to the Moon. Congress responded
to the Vision for Space Exploration with the passage of the
NASA Authorization Act of 2005 (P.L. 109--155). The legislation
recognized the potential gap in U.S. human space flight
capability created by the Administration's decision to retire
the Shuttle in 2010 without having a new vehicle available
until several years later. Congress expressed its concern about
this gap and included measures to mitigate any potentially
negative impact of the gap.
In 2008, NASA is no closer to narrowing the gap. The
Administration is committed to retiring the Shuttle in 2010,
but the new Orion crew capsule and the Ares I rocket will not
be available until approximately 2015. NASA Administrator
Michael Griffin has stated that the agency may be able to
accelerate the initial operating capability of Orion/Ares to
2013 if a total of $2 billion in additional funding were made
available over the two year period of FY 2009 and FY 2010.
Regardless, the United States will have to rely on the Russian-
built Soyuz to deliver U.S. astronauts to the ISS during the
gap.
NASA has initiated an alternative to relying on international
partners to deliver cargo, and potentially crew, to the ISS --
the Commercial Orbital Transportation Services (COTS) program.
The COTS program is intended to facilitate private industry's
development of space transportation capabilities. If
successful, NASA would purchase launches and ISS resupply
flights from domestic companies at a more affordable rate than
what would be paid to foreign partners. The COTS program
requires the private sector to demonstrate the development and
operation of an end-to-end space transportation system of
services, including ground operations and integration, launch,
rendezvous, proximity operations, docking or berthing, orbital
operations, reentry, and safe disposal or return. Currently,
NASA has entered into agreements with two private partners for
the development and demonstration of cargo resupply
capabilities (known as COTS capabilities A, B, and C) but has
yet to initiate the human crew component, or COTS capability D.
While the prospects for a successful and rapid demonstration of
capability D may seem remote, advocates believe that it may be
a potential solution to narrowing the gap in U.S. human
spaceflight capability. If a U.S. company can develop a vehicle
that will take astronauts to the ISS, then NASA would not have
to rely on the Russians.
The U.S. segment of the ISS is a critical component of NASA's
research mission. In recognition of that, Congress declared the
ISS a National Laboratory in the 2005 Authorization Act.
Currently, NASA's budget projection for the support, operation,
and utilization of the ISS ends after FY 2015. Although the
Agency has publicly stated that they are not taking any actions
that would preclude the operations of the ISS beyond 2015, the
Committee believes that it is important for NASA to operate the
ISS beyond 2015, especially if a U.S. capability to reach the
ISS will not be available until then. A life span for the
operation and utilization of the ISS to at least 2020 will
ensure a greater return on investment for the United States and
our international partners that have contributed to its
construction.
The Committee is mindful of the impacts of transitioning from
one flight system to another and has taken steps to address and
mitigate those impacts in the legislation accompanying this
report. The Committee has also taken note of the important
roles and missions of all of NASA facilities and institutions
and the need to clarify those roles and missions for the
future. For example, the Michoud Assembly Facility represents a
unique resource in the facilitation of the nation's exploration
programs, and every effort should be made to ensure the
effective utilization of that resource, as well as NASA's other
centers and facilities.
Summary of Provisions
The NASA Authorization Act of 2008 would provide a $19.2
billion baseline authorization of appropriations for FY 2009 to
fund the various activities of the agency. The bill also would
provide an additional $1 billion authorization of
appropriations to accelerate the initial operational capability
of a U.S. owned human spacecraft capability, an additional $200
million for ISS research, and an additional $150 million for
the development of a commercial crew vehicle. The total
authorization of appropriations would be $20.55 billion.
The bill would reaffirm Congress's support for the goals of
U.S. space exploration policy, including activities related to
Moon missions and Mars exploration, and express support for
both international cooperation and commercial involvement in
space exploration activities. The bill also would include a
number of provisions to ensure that the United States has
uninterrupted human access to space. Specifically, the bill
would prevent the Administrator from retiring the Shuttle in
2010 if additional missions are remaining on the manifest, and
it would require the Administrator to report to Congress on the
steps, costs, and schedule for recertifying the Shuttle for
flight beyond 2010. The bill also would express support for the
COTS program and would direct the Administrator to establish a
competition to develop a private sector capability to launch
human crew. Recognizing that the Shuttle will eventually be
retired, the bill would require the Administrator to establish
a Space Shuttle Transition Liaison Office to assist local
communities that would be affected by the Shuttle's retirement.
The ISS is an important component of the U.S. space program,
and the bill would require NASA to develop a plan to support
the operations of the ISS until at least 2020 to ensure that
the ISS's scientific capabilities are utilized to the maximum
extent. The bill would require the Administrator to establish
an ISS Utilization Advisory Committee to assess and recommend
scientific research to effectively utilize the ISS. The bill
would establish a research fund of $200 million to support
scientific research, including the development of flight
hardware for experiments on the ISS. The bill also would
require the Administrator to plan an additional Shuttle mission
to deliver scientific experiments to the ISS.
Aeronautics is an important area of research and a critical
component of NASA's mission. The bill would align NASA
aeronautics research with the high-priority challenges
described in the National Research Council's 2006 Decadal
Survey of Civil Aeronautics. The bill would outline a series of
aeronautics initiatives related to the research on and
development of environmentally friendly aeronautics
technologies, supersonic flight and the impact of sonic booms,
and climate change.
Finally, the bill would include studies on field center
leasing practices and project and work allocation; an
interagency study of commercial space launch range facilities;
a study on the impact of export control policies related to
aerospace industry; an expression of support for the Near-Earth
Object Survey to detect and identify near-Earth objects; a plan
for utilizing the ISS for educational activities; the
establishment of a program with universities on unmanned aerial
vehicle development and applications; authorization of $20
million in FY 2009 for the Experimental Program to Stimulate
Competitive Research; authorization of $32 million in FY 2009
for the National Space Grant College and Fellowship Program;
the establishment of an Office of Program Analysis and
Evaluation to analyze and develop plans that would align the
agency's mission, budget, and performance with strategic goals;
an inventory of natural methane stocks and fluxes in the U.S.
polar regions; a moratorium on reduction-in-force of civil
servants before December 31, 2010; a limit on the use of term
positions to equal or less than 10 percent of NASA's civil
servants; a sense of Congress on the dilution, distortion, or
suppression of scientific research; and a study by the
Government Accountability Office on NASA compliance with
Federal regulations on dissemination of scientific research to
the public.
Legislative History
On May 7, 2008, the Subcommittee on Space, Aeronautics, and
Related Sciences held a hearing titled, ``Reauthorizing the
Vision for Space Exploration.'' At this hearing, the
subcommittee considered the issues related to the Shuttle's
retirement and the transition to the new Orion/Ares system, the
impending gap in U.S. human access to space, and the need to
ensure a healthy and balanced research program. The
subcommittee heard testimony from one panel of witnesses, which
included Mr. Eugene F. Kranz, Advisory Board Member of the
Coalition for Space Exploration; Dr. Joan Johnson-Freese,
Chairman of National Security Decision Making Department at the
U.S. Naval War College; Dr. Frederick A. Tarantino, President
of the Universities Space Research Association; Major General
Robert S. Dickman, Executive Director of the American Institute
of Aeronautics and Astronautics; and Mr. George T. Whitesides,
Executive Director of the National Space Society.
On June 24, 2008, the Committee met in open Executive Session
and, by a voice vote, ordered the Committee original bill be
reported with amendments proposed by Senator Inouye and Senator
Lautenberg.
H.R. 6063 is the companion bill that was introduced by
Representative Udall in the House of Representatives on May 15,
2008. H.R. 6063 passed the House on June 18, 2008 by a recorded
vote of 409-15.
Staff assigned to this legislation are Chan Lieu, senior
Professional Democratic Staff, Ann Zulkosky, Democratic
Professional Staff, and Jeff Bingham, Republican senior Advisor
on Space and Aeronautics.
Estimated Costs
In compliance with subsection (a)(3) of paragraph 11 of rule
XXVI of the Standing Rules of the Senate, the Committee states
that, in its opinion, it is necessary to dispense with the
requirements of paragraphs (1) and (2) of that subsection in
order to expedite the business of the Senate.
Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
NUMBER OF PERSONS COVERED
The Committee believes the bill would not subject any
individuals or businesses affected by the bill to any
additional regulation.
ECONOMIC IMPACT
This legislation would not have an adverse impact on the
Nation's economy. The legislation would authorize sufficient
levels to sustain ongoing and new awards, cooperative
agreements, and contracts related to NASA's missions.
PRIVACY
This legislation would not have a negative impact on personal
privacy of individuals.
PAPERWORK
This legislation would not increase the paperwork requirement
for private individuals or businesses. There are reports
required of NASA. These reports are focused around specific
critical areas of interest to the Committee and Nation.
Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
Section-by-Section Analysis
Section 1. Short Title and Table of Contents
This section would provide that the legislation may be cited
as the National Aeronautics and Space Administration
Authorization Act of 2008.
Section 2. Definitions
This section would define certain terms in the Act.
Section 3. Authorization of Appropriations
This section would authorize appropriations for NASA for FY
2009. In addition to the amounts in the table below, this
section would authorize an additional $1 billion to accelerate
the development of a U.S. human space vehicle, an additional
$200 million for ISS research, and an additional $150 million
for the development of a commercial crew vehicle.
------------------------------------------------------------------------
Fiscal Year 2009 $ Millions
------------------------------------------------------------------------
Science............................................ 4,932.2
Aeronautics Research............................... 853.4
Exploration........................................ 3,886.0
Space Operations................................... 6,074.7
Education.......................................... 128.3
Cross Agency Support............................... 3,299.9
Inspector General.................................. 35.5
TOTAL.............................................. 19,210.0
------------------------------------------------------------------------
Section 4. Reaffirmation of Space Policy
This section would reaffirm Congress's support of the goals
of U.S. space exploration policy, including activities related
to missions to the Moon and Mars exploration. This section also
would support both international cooperation and commercial
involvement in space exploration activities.
Section 5. Uninterrupted United States Human Spaceflight Capability
This section would require the Administrator to execute the
remaining Shuttle missions before it is retired, regardless of
the arbitrary retirement date of 2010. The Administrator would
be required to discontinue activities, such as closing
contracts for key parts, which would prevent the continued safe
flight of the Shuttle beyond FY 2010. This section also would
require the Administrator to submit, within 180 days after
enactment of this Act, a report with detailed steps, schedule,
and costs related to recertifying the Shuttle beyond FY 2010
until at least the end of FY 2015. In support of the COTS
program, this section would direct the Administrator to
establish a competition to complete the COTS-D vehicle
demonstration program by September 30, 2011, or as soon after
that date as possible. This section also would outline the
details of the competition, including eligibility and the use
of Space Act Agreements.
The Committee believes that the Shuttle should only be
retired when the mission manifest has been completed. This
means the Shuttle may need to fly beyond 2010 should unforeseen
or uncontrollable events happen to cause the flight schedule to
slip. Given the Columbia Accident Investigation Board's
recommendation that the Shuttle undergo a recertification if it
is to fly beyond 2010, the Committee would like to understand
what activities a recertification entails, how significant an
effort it would be, and how it compares to other Shuttle
maintenance activities such as the Orbiter Maintenance Down
Period. The Committee does not believe the Shuttle should be
flown indefinitely, but simply would like to understand, in
greater detail, how NASA defines recertification.
Section 6. Space Shuttle Transition
This section would require the Administrator to develop and
submit a plan that details how NASA will dispose of the Space
Shuttle Orbiters and associated hardware once the system has
completed its missions and is retired. This section would
establish a Space Shuttle Transition Liaison Office to assist
local communities to mitigate impacts due to the termination of
the Space Shuttle program by offering technical assistance and
information regarding alternate opportunities within Federal
agencies.
Section 7. Aerospace Skills Retention and Investment Reutilization
Report
This section would require the Administrator to analyze the
facilities and human capital resources that will become
available with the retirement of the Shuttle and identify on-
going or future Federal programs or projects that would be able
to leverage NASA facilities and human resources. The
Administrator would be required to report on this analysis
within 180 days of the date of enactment.
Section 8. Plan to Support Operations of the International Space
Station Beyond Fiscal Year 2015
This section would require the Administrator to submit a plan
that details the necessary steps required to continue the
support of ISS operations through FY 2020. The plan would
include an evaluation of critical hardware to support
operations and research, anticipated maintenance, flight cargo
manifest, and potential vehicles to deliver payloads to the ISS
through 2020. The Committee is especially concerned that NASA
does not have plans for operating the ISS after FY 2015. Given
that NASA does not expect to have a U.S. capability to launch
crew into orbit until 2015, the Committee finds the prospect of
funding the construction of the ISS only to have it shut down
once the United States can get there to be highly
objectionable. The Committee believes that in order to maximize
the return on investment for the United States and our
international partners, NASA needs to develop a plan that will
extend the operation of the ISS beyond FY 2015.
Section 9. International Space Station Laboratory
This section would require the Administrator to submit a plan
on how NASA will continue the ISS research activities described
in the ISS National Laboratory report submitted to Congress in
May 2007. This section also would require the Administrator to
establish an ISS Utilization Advisory Committee that would make
assessments and recommendations regarding effective utilization
of the ISS for its entire lifespan. Finally, this section would
establish a Research Fund that would support research
activities related to the ISS.
Section 10. International Space Station Science Mission
This section would require the Administrator to plan and
conduct a dedicated Shuttle mission to deliver the Alpha
Magnetic Spectrometer and other scientific payloads to the ISS.
The Alpha Magnetic Spectrometer is an international
collaborative effort that NASA was committed to delivering to
the ISS. However, the Alpha Magnetic Spectrometer was
demanifested as a result of the compressed schedule brought on
by the Columbia disaster and the decision to retire the Shuttle
in 2010. The Committee believes that the Agency should honor
its obligation to its international partners and deliver this
important instrument to the ISS.
Section 11. Sense of Congress on Use of Space Life Sciences Laboratory
at Kennedy Space Center
This section would express the sense of Congress that the
Space Life Sciences Laboratory (SLSL) at Kennedy Space Center
represents a key investment and asset in the ISS's National
Laboratory capability and should be utilized to the maximum
extent practicable in ISS-related research. The Committee
believes this facility is ideally suited to support ISS-related
science. In addition, the SLSL was developed as a Federal and
State partnership, utilizing state funds, and represents a
business model that can benefit the Agency, the local
community, and the public. The Committee believes the Agency
should encourage this type of external support and demonstrate
its commitment to leverage these resources whenever practical.
Section 12. Science Policy
This section would reaffirm Congress's support for well-
balanced support of scientific research by NASA and state that
emphasis should be put on basic research and improved
mechanisms for the sharing of scientific and research data and
findings to non-government entities for applications
development.
Section 13. Aeronautics
This section would express a sense of Congress that
aeronautics research continues to be important to NASA's core
mission and should be guided by a national aeronautics research
policy. This section would require the Administrator to: (1)
establish an initiative with the objective of enabling
commercial aircraft performance characteristics, such as
significant aircraft noise reduction near airports and
significant reductions in greenhouse gas emissions compared to
aircraft currently in commercial service; (2) align the
aeronautics research program with the National Research
Council's 2006 Decadal Survey of Civil Aeronautics; (3)
establish a research program with industry participation to
collect data on perceived noise levels, a metric used in rating
jet aircraft noise, of sonic booms in order to develop
appropriate standards that could allow for commercial overland
supersonic flights; (4) conduct an independent review, through
the National Research Council, of aviation safety-related
research programs within NASA; and (5) implement, in
cooperation with the U.S. Global Change Research Program and
other appropriate Agencies, a research initiative to assess the
impact of aviation on the climate, and if necessary, steps to
mitigate that impact. This section also would require that any
research and development activities of the Aeronautics Mission
Directorate performed for another Mission Directorate would be
funded by that Mission Directorate.
Section 14. Development of Enhanced-Use Lease Policy
This section would require the Administrator to develop an
Agency-wide enhanced-use lease policy based upon sound business
practices and lessons learned from demonstration centers. The
criteria for the policy would include criteria for determining
the economic value of an enhanced-use lease, measures for
effectiveness of the program and its accounting procedures, and
an annual reporting requirement. This section also would allow
the NASA field centers participating in enhanced-use leasing
activity to retain 80 percent of any cash consideration
received. The remaining 20 percent would be under the
Administrator's jurisdiction. The Committee believes that
allowing the field centers to keep a portion of the proceeds
from enhanced-use lease agreements will provide an incentive to
initiate such arrangements.
Section 15. Study on Leasing Practices of Field Centers
This section would require the Administrator to complete a
study of the leasing practices of all field centers, including
the Michoud Assembly Facility. The Committee is concerned about
NASA's current leasing practices to tenants in multiple-use
facilities. Specifically, the Committee believes that the
practice of redistributing overhead and maintenance expenses
among all the tenants -- should one tenant vacate may be
disruptive to the remaining tenants and introduce uncertainty
that may prevent future tenants from entering into leasing
arrangements.
Section 16. Study and Report on Project Assignment and Work Allocation
of Field Centers
This section would require the Administrator to study and
report on project assignments and work allocation across all
field centers. The Committee is concerned with the limited
transparency into how work assignment decisions are made and
what current and future programs, projects, and roles are
assigned to each field center. The Committee believes this
report will provide insight into both this process and the
current and future work assigned to the field centers. NASA is
preparing to undergo a level of program change not experienced
in a generation and this transition will significantly impact
the centers and facilities that have traditionally focused on
operational activities. This report will identify how the work
assignments of these centers and facilities can be augmented
and diversified to reduce the impact of this change and more
fully utilize the resources of these centers.
Section 17. Interagency Study of Commercial Space Range Options
This section would require the Administrator, in cooperation
with the Secretary of Defense and other appropriate Federal
officials, to establish an interagency commission to study the
issues related to establishing space launch facilities and a
range that are dedicated to commercial space missions, and
create a schedule for establishing such a range.
Section 18. Sense of Congress on Reestablishment of National Space
Council in Executive Office of the President
This section would express the sense of Congress that the
National Space Council should be reestablished. The Committee
believes that space exploration, research, and
commercialization are interdisciplinary activities with
multiple and diverse stakeholders. Space programs, research,
and infrastructure all have economic, national security, and
global impact, and a diverse group of Federal agencies are
responsible for various space-related projects, missions, and
activities. The Committee believes the National Space Council
can serve as a mechanism to unify these diverse priorities and
requirements and to develop and coordinate the President's
national space policy, strategy, and long-range goals.
Section 19. Review of Suborbital Mission Capabilities
This section would require the Administrator to review NASA's
suborbital mission capabilities, including existing programs,
existing or planned launch facilities, and opportunities for
research, training, or educational collaboration. The Committee
supports the Agency's atmospheric, geophysical, and rocket
research at the Poker Flat Range and the Kodiak Launch Complex,
and encourages NASA to ensure the continuation and growth of
that research.
Section 20. Initiation of Discussions on Development of Framework for
Space Traffic Management
This section would direct the Administrator to initiate
discussions with other space-faring countries to develop a
framework for addressing space traffic management to promote
safe access to space.
Section 21. Study on Export Control Policies Related to Civil and
Commercial Space Activities
This section would require the Director of the Office of
Science and Technology Policy to study the impact of current
export control policies on the U.S. aerospace industry and the
ability of Federal agencies to carry out cooperative activities
in science, technology, and space flight. In carrying out this
study, the Director of the Office of Science and Technology
Policy would be required to assess and evaluate the impacts of
such policies on national security concerns and needs.
Section 22. Near-Earth Objects
This section would require the Director of the Office of
Science and Technology Policy to develop a policy for notifying
Federal agencies and relevant emergency response institutions
of an impending near-Earth object threat and recommend a
Federal agency or agencies to be responsible for protecting the
United States from a near-Earth object collision. This section
also would require the Administrator to maintain a planetary
radar that is comparable to the capability provided by the Deep
Space Network Goldstone facility.
Section 23. Enhancement of Educational Role of National Aeronautics and
Space Administration
This section would require the Administrator to develop a
plan to enhance the utilization of the ISS to support NASA
educational goals and to establish as a goal the funding of
sounding-rockets, high-altitude balloon campaigns, suborbital
flight opportunities, and small satellite payload opportunities
to provide hands-on training for students and instructors in
higher education. This section would require the Administrator
to establish as a goal the funding of sounding rockets, high-
altitude balloons, suborbital flight, and small satellite
payload opportunities to provide hands-on training, learning,
and research opportunities to students and instructors. This
section would require the Administrator to establish a program
of cooperative unmanned aerial vehicle development and
applications in conjunction with university-based programs and
assets. This section would authorize, for FY 2009, not less
than $20 million in FY 2009 for the Experimental Program to
Stimulate Competitive Research and not less than $32 million
for the National Space Grant College and Fellowship Program.
Section 24. Establishment of Office of Program Analysis and Evaluation
This section would require the Administrator to establish an
Office of Program Analysis and Evaluation to analyze and
develop plans that would align the NASA's mission, budget, and
performance with strategic goals.
Section 25. Methane Inventory
This section would require the Administrator, in conjunction
with the Administrator of National Oceanic and Atmospheric
Administration and other appropriate Federal agencies, to
conduct an inventory of natural methane stocks and fluxes in
the U.S. polar regions.
Section 26. Reduction-in-force Moratorium
This section would prevent NASA from initiating or
implementing a reduction-in-force of permanent, non-Senior
Executive Service, civil servant employees prior to December
31, 2010.
Section 27. Limit on the Use of Term Positions
This section would require the Administrator to limit the use
of term positions to less than or equal to 10 percent of the
total number of non-Senior Executive Service, civil servant
employees.
Section 28. Protection of Scientific Credibility, Integrity, and
Communication within the National Aeronautics and Space
Administration
This section would express a sense of the Congress that the
Agency should not dilute, distort, suppress, or impede
scientific research or the dissemination thereof. This section
also would require the Government Accountability Office to
conduct a study, and report to Congress within 60 days after
the date of enactment of this Act, to determine whether NASA is
in compliance with regulations set forth in part 1213 of title
14, Code of Federal Regulations, on the release of information
to news and information media.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill,
as reported, are shown as follows (existing law proposed to be
omitted is enclosed in black brackets, new material is printed
in italic, existing law in which no change is proposed is shown
in roman):
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION ACT OF 1958
SEC. 315. ENHANCED-USE LEASE OF REAL PROPERTY DEMONSTRATION.
[42 U.S.C. 2459j]
(a) In General.--Notwithstanding any other provision of law,
the Administrator may enter into a lease under this section
with any person or entity (including another department or
agency of the Federal Government or an entity of a State or
local government) with regard to any real property under the
jurisdiction of the Administrator at no more than two (2)
National Aeronautics and Space Administration (NASA) centers.
(b) Consideration.--
(1) A person or entity entering into a lease under
this section shall provide consideration for the lease
at fair market value as determined by the
Administrator, except that in the case of a lease to
another department or agency of the Federal Government,
that department or agency shall provide consideration
for the lease equal to the full costs to NASA in
connection with the lease.
(2) Consideration under this subsection may take one
or a combination of the following forms--
(A) the payment of cash;
(B) the maintenance, construction,
modification or improvement of facilities on
real property under the jurisdiction of the
Administrator;
(C) the provision of services to NASA,
including launch services and payload
processing services; or
(D) use by NASA of facilities on the
property.
(3)(A) The Administrator may utilize amounts of cash
consideration received under this subsection for a
lease entered into under this section to cover the full
costs to NASA in connection with the lease. These funds
shall remain available until expended.
[(B) Any amounts of cash consideration received under
this subsection that are not utilized in accordance
with subparagraph (A) 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 of the centers selected for this demonstration
program, and shall remain available until expended.]
(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.
(c) Additional Terms and Conditions.--The Administrator may
require such terms and conditions in connection with a lease
under this section as the Administrator considers appropriate
to protect the interests of the United States.
(d) Relationship to Other Lease Authority.--The authority
under this section to lease property of NASA is in addition to
any other authority to lease property of NASA under law.
(e) Lease Restrictions.--NASA is not authorized to lease back
property under this section during the term of the out-lease or
enter into other contracts with the lessee respecting the
property.
(f) Plan and Reporting Requirements.--At least 15 days prior
to the Administrator entering into the first lease under this
section, the Administrator shall submit a plan to the Congress
on NASA's proposed implementation of this demonstration. The
Administrator shall submit an annual report by January 31st of
each year regarding the status of the demonstration. 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.
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION AUTHORIZATION ACT OF 2005
SEC. 427. UNIVERSITY-BASED CENTERS FOR RESEARCH ON AVIATION TRAINING.
[42 U.S.C. 16727]
(a) In General.--The Administrator [may] shall award grants
to institutions of higher education (or consortia thereof) to
establish one or more Centers for Research on Aviation Training
under cooperative agreements with appropriate NASA Centers.
(b) Purpose.--The purpose of the Centers shall be to
investigate the impact of new technologies and procedures,
particularly those related to the aircraft flight deck and to
the air traffic management functions, on training requirements
for pilots and air traffic controllers.
(c) Application.--An institution of higher education (or a
consortium of such institutions) seeking funding under this
section shall submit an application to the Administrator at
such time, in such manner, and containing such information as
the Administrator may require, including, at a minimum, a 5-
year research plan.
(d) Award Duration.--An award made by the Administrator under
this section shall be for a period of 5 years and may be
renewed on the basis of--
(1) satisfactory performance in meeting the goals of
the research plan proposed by the Center in its
application under subsection (c); and
(2) other requirements as specified by the
Administrator.
SEC. 501. SPACE SHUTTLE FOLLOW-ON.
[42 U.S.C. 16761]
(a) Policy Statement.--It is the policy of the United States
to possess the capability for human access to space on a
continuous basis.
(b) Progress Report.--Not later than 180 days after the date
of enactment of this Act and annually thereafter, the
Administrator shall transmit a report to the Committee on
Science of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate describing
the progress being made toward developing the Crew Exploration
Vehicle and the Crew Launch Vehicle and the estimated time
before they will demonstrate crewed, orbital spaceflight.
[(c) Compliance Report.--If, 1 year before the final planned
flight of the Space Shuttle orbiter, the United States has not
demonstrated a replacement human space flight system, and the
United States cannot uphold the policy described in subsection
(a), the Administrator shall transmit a report to the Committee
on Science of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate
describing--]
(c) Compliance Report.--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--
(1) strategic risks to the United States associated
with the failure to uphold the policy described in
subsection (a);
(2) the estimated length of time during which the
United States will not have its own human access to
space;
(3) what steps will be taken to shorten that length
of time; and
(4) what other means will be used to allow human
access to space during that time.
CONSOLIDATED APPROPRIATIONS ACT, 2008
[42 U.S.C. 2459j note]
Sec. 533. (a) Subsection (a) of section 315 of the National
Aeronautics and Space Administration Act of 1958 (42 U.S.C.
2459j) is amended--
(1) by striking ``Notwithstanding any other provision
of law, the Administrator'' and inserting ``The
Administrator''; and
(2) by striking ``any real property'' and inserting
``any non-excess real property and related personal
property''; and
(3) by striking ``at no more than two (2) National
Aeronautics and Space Administration (NASA) centers''.
(b) Subsection (b) of such section is amended--
(1) in paragraph (1), by striking ``consideration''
and all that follows through the end of the paragraph
and inserting ``cash consideration for the lease at
fair market value as determined by the
Administrator.'';
(2) by striking paragraph (2);
(3) by redesignating paragraph (3) as paragraph (2);
and
[(4) in paragraph (2), as redesignated by paragraph
(3) of this subsection--
[(A) in subparagraph (B), by striking
``maintenance'' and all that follows through
``centers selected for this demonstration
program'' and inserting ``capital
revitalization and construction projects and
improvements of real property assets and
related personal property under the
jurisdiction of the Administrator''; and
[(B) by adding at the end the following new
subparagraph:
[``(C) Amounts utilized under subparagraph
(B) may not be utilized for daily operating
costs.''.]
(4) in paragraph (2), as redesignated by paragraph
(3) of this subsection, by adding at the end the
following new subparagraph:
``(C) Amounts utilized under subparagraph (B)
may not be utilized for daily operating
costs.''.
(c) Subsection (e) of such section is amended--
(1) by striking ``Lease Restrictions.--NASA'' and
inserting the following: ``Lease Restrictions.--
``(1) NASA''; and
(2) by adding at the end the following new paragraph:
``(2) NASA is not authorized to enter into an out-
lease under this section unless the Administrator
certifies that such out-lease will not have a negative
impact on NASA's mission.''.
(d) Such section is further amended by adding at the end [the
following new subsection (f):
``(f) Sunset.--The authority to enter] the following:
``(g) Sunset._The authority to enter into leases under this
section shall expire on the date that is ten years after the
date of the enactment of the Commerce, Justice, Science, and
Related Agencies Appropriations Act of 2008. The expiration
under this subsection of authority to enter into leases under
this section shall not affect the validity or term of leases or
NASA's retention of proceeds from leases entered into under
this section before the date of the expiration of such
authority.''.
(e) The heading of such section is amended by striking
``Enhanced-use lease of real property demonstration'' and
inserting ``Lease of non-excess property''.
(f) This section shall become effective on December 31, 2008.