[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1821 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                S. 1821

 To establish a National Space Commission on activities of the United 
                 States related to the future of space.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 5, 2003

Mr. Hollings (for himself, Mr. Inouye, Mr. Rockefeller, Mr. Kerry, Mr. 
Breaux, Mr. Dorgan, and Mr. Lautenberg) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To establish a National Space Commission on activities of the United 
                 States related to the future of space.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Space Commission Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Since the enactment of the National Aeronautics and 
        Space Act of 1958, space has become increasingly important for 
        science, public safety, national defense and intelligence 
        gathering, commercial telecommunications and other Earth 
        applications, and the advancement of international relations 
        tied to the use of space for peaceful purposes.
            (2) The recent loss of the Space Shuttle Columbia 
        highlighted the true condition of space flight: that it is 
        highly prone to risk, fundamentally challenges the laws of 
        nature, is extremely unforgiving of lapses in judgment, and 
        demands the utmost consideration of safety and the dignity of 
        human life.
            (3) The Columbia Accident Investigation Board expressed 
        extreme misgivings about the management and technical culture 
        of the National Aeronautics and Space Administration. In 
        addition to prescribing a specific menu of recommendations, the 
        Board expressed concerns that the agency may not be able to 
        achieve its own reform, stating that, ``Based on NASA's history 
        of ignoring external recommendations, or making improvements 
        that atrophy with time, the Board has no confidence that the 
        Space Shuttle can be safely operated for more than a few years 
        based solely on renewed post-accident vigilance''.
            (4) Today, American astronauts and International Partner 
        cosmonauts reside in space with limited means of safe rescue 
        and support. The Nation remains dependent on the Space Shuttle 
        as the sole means of International Space Station assembly and 
        human operation in space for the foreseeable future. And the 
        Nation faces a period of greatly increased expense merely to 
        sustain current space operations.
            (5) Even if new vehicle technologies were available, it is 
        a matter of public discussion whether the historic ideals and 
        prospects for the human exploration and development of space 
        still guide our national program in space or whether the role 
        and purpose of human presence in space has become ambiguous in 
        light of other potential purposes for and uses of space.
            (6) Meanwhile, our national program in space suffers from 
        an aging space workforce and aging, sometimes dilapidated space 
        facilities and systems, an atrophying of expertise, and a 
        general lack of renewal of purposes, objectives, and methods. 
        Commercial markets requiring space launch that are crucial to 
        establishing the firm economic basis for the development of 
        space and for the commercial development of space technology 
        have not emerged but have withered. Although the use of space 
        for science and national security purposes is expanding, the 
        economic and commercial development of space continues to be 
        fledgling. Although the Nation stands on the doorstep of the 
        permanent human habitation of space, a mature agenda for safe, 
        economic operation in space necessary to broaden the Nation's 
        participation and interest in the peaceful development of space 
        is lacking.
            (7) The Nation would benefit by establishing a permanent 
        National Space Commission to advise the President and Congress 
        on issues related to the re-flight and future use of the Space 
        Shuttle and on the possibilities for the future development and 
        use of space, and to recommend measures the Nation should take 
        to secure the safety of future space flight.

SEC. 3. NATIONAL SPACE COMMISSION.

    (a) Establishment.--There is established a commission to be known 
as National Space Commission.
    (b) Membership.--
            (1) Appointment.--The Commission shall have 12 Members, who 
        shall be appointed by the President by and with the advice and 
        consent of the Senate.
            (2) Term.--Members of the Commission shall serve for a term 
        of 5 years and shall be eligible for reappointment, except that 
        the members initially appointed shall be appointed for terms of 
        3 years each.
            (3) Qualifications.--Members shall be selected from among 
        individuals--
                    (A) with national reputations in the conduct of 
                space flight and the development of space systems and 
                technology;
                    (B) who are representative of the many views about 
                the future of space and the economic and technical 
                prospects for its use and development; and
                    (C) who are or have been employed in space-related 
                activities, including--
                            (i) leaders of aerospace companies and 
                        other industries involved in the development 
                        and use of space;
                            (ii) professionals who have performed in 
                        significant capacities in the management of 
                        space programs or ventures; and
                            (iii) distinguished members of academia.
            (4) Vacancies.--Any vacancy occurring other than by the 
        expiration of a term shall be filled in a manner that best 
        replaces the qualifications of the person vacating the 
        position, unless a person with different qualifications is to 
        be nominated and appointed for the purpose of changing or re-
        directing the activities or objectives of the Commission.
            (5) Status as special government employees.--Members of the 
        Commission are deemed to be special Government employees (as 
        defined in section 202(a) of title 18, United States Code) 
        without regard to the number of days of service during any 365-
        day period while engaged in the business of the Commission.
            (6) Travel expenses.--Members of the Commission shall be 
        allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for employees of agencies 
        under subchapter I of chapter 57 of title 5, United States 
        Code, while away from their homes or regular places of 
        business.
    (c) Chair.--The President shall designate an individual to serve as 
Chair of the Commission for a term of 3 years, except that until the 
Commission has been in operation for 3 full years the term of the 
individual so designated shall be 1 year. Any individual designated as 
chair is eligible for redesignation as Chair.
    (d) Meetings.--The Commission shall meet at the call of the Chair. 
A majority of the members shall constitute a quorum, but a lesser 
number may conduct the business of the Commission.
    (e) Staff.--
            (1) In general.--The Commission shall appoint and fix the 
        compensation (in accordance with the guidelines prescribed by 
        the Administrator of General Services under section 7(d) of the 
        Federal Advisory Committee Act) of staff comprising--
                    (A) staff selected by the Chair as permanent staff 
                of the Commission; and
                    (B) staff selected by each Member as staff of the 
                Member for the duration of the Member's appointment to 
                the Commission.
            (2) Qualifications.--Staff shall be selected from among 
        employees of business and professional firms in the business of 
        the development of, manufacture and operation for, or use of 
        space, individuals with entrepreneurial experience, employees 
        of research centers and national laboratories, scholars, 
        professionals, and academics whose work and insights are such 
        that their work in support of the Commission will enhance the 
        Nation's ability to guide and direct the space program.
            (3) Detailing of federal employees.--At the request of the 
        Commission, the head of a Federal department or agency may 
        assign an employee to serve as a member of the Commission staff 
        while employed by the United States.
            (4) Experts and consultants.--
                    (A) In general.--The Commission may obtain the 
                services of experts and consultants in the private and 
                nonprofit sectors in accordance with section 3109 of 
                title 5, United States Code.
                    (B) Available arrangements.--In obtaining any 
                service described in subparagraph (A), the Commission 
                may use any available grant, contract, cooperative 
                agreement, or other arrangement authorized by law.
                    (C) Notice.--The Commission shall give public 
                notice of any such grant, contract, cooperative 
                agreement, or other arrangement before making any such 
                grant or executing any such contract, cooperative 
                agreement, or other arrangement.

SEC. 4. GENERAL DUTIES.

    (a) In General.--The Commission shall--
            (1) provide advice and counsel to the President and the 
        Congress of the United States on matters related to the future 
        development and use of space;
            (2) address questions of special merit posed by the 
        President or by the Congress to be addressed by the Commission;
            (3) conduct studies, assessments, and other methods of 
        evaluation, including market, business, and financial 
        assessments, necessary to reach conclusions and to formulate 
        recommendations about the future of space;
            (4) convene and establish public forums, reviews, and other 
        means of public discourse for purposes of gathering and 
        distributing information, facts, opinions, and data related to 
        the future of space;
            (5) confer with Federal, State, and local governments and 
        regional organizations, United States corporations, 
        laboratories, research centers and universities, and 
        appropriate departments, agencies, and enterprises of other 
        Nations on questions related to the development and use of 
        space;
            (6) make other recommendations as necessary to achieve the 
        expanded development and use of space, including assessments of 
        the status, focus, and effectiveness of government and industry 
        programs and efforts designed to achieve that purpose;
            (7) propose and establish a National approach for the 
        safety of space flight in support of commercial, military and 
        civilian space and suborbital space programs, including issues 
        related to the commercial licensing and operation of space 
        vehicles, the regulation, management, and control of space 
        flight parts, components, systems, and facilities, and the 
        training and advancement of government and industry personnel 
        necessary to achieve safe space flight; and
            (8) advise the President and the Congress on any changes in 
        Federal law or international agreements necessary to achieve 
        the recommendations, solutions, and outcomes proposed by the 
        Commission.
    (b) Methods of Space Flight.--In carrying out its duties under 
subsection (a), the Commission shall consider the potential for the 
future use of space by human and robotic means and the likely 
contribution of both to the long-term development and use of space.
    (c) Disclaimer.--Nothing in this Act is intended--
            (1) to prejudice the disposition, or outcome of decisions 
        related to the ownership or institutional operation and 
support, of Federal laboratories, centers, or bases; or
            (2) to preclude the use of special classes, designs, or 
        certification rules and standards peculiar to the use of 
        military space vehicles.

SEC. 5. SPECIFIC REPORTS AND ADVISORY ACTIVITIES.

    (a) Space Shuttle; International Space Station.--
            (1) In general.--The Commission shall evaluate the 
        findings, recommendations, and observations of the Columbia 
        Accident Investigation Board and the activities of the National 
        Aeronautics and Space Administration to respond to the Board's 
        report, including issues related to the re-flight of the Space 
        Shuttle, alternative near-term crewed vehicle options, and 
        changes in the agency's organization, management, technical 
        administration, and conduct of safety, operations and 
        engineering, and training, and other changes intended to ensure 
        the safety of space operations and the dignity of human life.
            (2) Criteria for return to operations.--The Commission 
        shall make recommendations to the President and the Congress 
        concerning--
                    (A) any additional criteria and conditions that the 
                Commission considers critical for the safe operation of 
                the Space Shuttle that warrant demonstration during the 
                initial and subsequent return-to-flight test and 
                demonstration missions; and
                    (B) longer-term criteria and conditions necessary 
                for a return to sustained operation and management of 
                human space flight following the initial Space Shuttle 
                re-flight and test and demonstration flights.
            (3) Evaluation of human space flight management reforms.--
        The Commission shall assess--
                    (A) the capability of the National Aeronautic and 
                Space Administration to resolve all findings, 
                recommendations, and observations of the Columbia 
                Accident Investigation Board to the Commission's 
                satisfaction, including management and technical 
                reforms necessary to achieve safe space flight;
                    (B) the relationship of the National Aeronautic and 
                Space Administration to its industrial, scientific, and 
                commercial partners and the proper role of each party 
                in the selection, design, development, and operation of 
                high risk space flight systems; and
                    (C) additional workforce, organization, and 
                management reforms that may be required to enhance 
                further the ability of the National Aeronautic and 
                Space Administration, its partners, or other agencies 
                of the United States to achieve safety of human space 
                flight.
            (4) Consideration of the international space station and 
        alternative space transportation solutions.--In making its 
        evaluation and recommendations under this subsection the 
        Commission shall consider--
                    (A) the condition of the International Space 
                Station along with the further risk to or security of 
                human life resulting from any decision to accelerate or 
                slow the return to assembly and operation of the 
                International Space Station and sustained human space 
                flight operations;
                    (B) alternative space vehicle and crewing options 
                that meet the highest achievable standard of crew 
                safety and security on-board the International Space 
                Station in the shortest amount of time;
                    (C) the modification or purchase of existing space 
                vehicles necessary to achieve a higher standard of 
                heightened crew safety or enhanced ability to conduct 
                safe human space flight operations;
                    (D) the acquisition or development of crewed 
                vehicles on a schedule significantly more aggressive 
                that the proposed schedule of the Orbital Space Plane; 
                and
                    (E) the contribution of any proposed vehicle 
                options to purposes in space other than servicing and 
                support of the International Space Station.
            (5) Reports to congress.--
                    (A) Alternative means of crew transfer.--Within 3 
                months after the full Commission has taken office, it 
                shall report to the President and the Congress on 
                crewing options for the Space Shuttle during the period 
                of assembly of the International Space Station, 
                alternative interim use of available space vehicles for 
                these operations, and alternative or accelerated United 
                States crewed vehicle modification or development 
                options in lieu of or in addition to the proposed 
                Orbital Space Plane program.
                    (B) Space shuttle return-to-flight.--
                            (i) Preflight advice.--On a continuous 
                        basis from the initial return-to-flight mission 
                        of the Space Shuttle through the final such 
                        mission, the Commission shall advise the 
                        Administrator, the President, and the Congress 
                        of the results of its review and assessment of 
                        the Space Shuttle return-to-flight, including 
                        any additional criteria the Commission 
                        establishes for return-to-flight missions.
                            (ii) Final preflight recommendation.--
                        Within 60 days before the planned date for the 
                        first Space Shuttle return-to-flight, and 
                        within 30 days before each subsequent test or 
                        demonstration flight of the Space Shuttle, the 
                        Commission shall transmit its final 
                        recommendations for return-to-flight to the 
                        Administrator, the President, and the Congress. 
                        In addition, the Commission shall attach to 
                        each such transmittal to the President and the 
                        Congress a record of its recommendations to the 
                        Administrator and a description of the 
                        Administrator's responses and actions in 
                        response to those recommendations.
                            (iii) Post-resumption analysis.--Within 6 
                        months after the first successful return-to-
                        flight mission of the Space Shuttle, the 
                        Commission shall submit a report to the 
                        President and the Congress summarizing the 
                        Commission's and the National Aeronautics and 
                        Space Administration's work on the re-flight of 
                        the Space Shuttle and addressing further 
                        changes that should be accomplished to ensure 
                        safe continuous operation of the Space Shuttle 
                        and the International Space Station. The report 
                        shall address the status of organizational, 
                        management, and technical changes in the 
                        National Aeronautics and Space Administration, 
                        their effectiveness in resolving concerns about 
                        the safety, operations, engineering, and 
                        management cultures of the agency, and their 
                        effectiveness in resolving concerns and risks 
                        associated with a return-to-normal operations 
                        for the Space Shuttle and the International 
                        Space Station.
    (b) Future Launch Technology and the Development of and Uses for 
Space.--
            (1) In general.--The Commission shall--
                    (A) advise the President and the Congress on the 
                state of the Nation's investment in and development of 
                advanced space launch technology, including advanced 
                space lift propulsion systems;
                    (B) make recommendations on steps necessary to 
                accelerate the development of technologies and 
                capabilities to advance the economy of space flight and 
                the prospect for the expanded use of space for 
                economic, commercial, and industrial purposes;
                    (C) assess how State and local governments and 
                regional authorities might benefit from the expanded 
                use of space;
                    (D) evaluate the ability of the Nation's private 
                research centers, laboratories, and private and public 
                universities to contribute to and benefit from the 
                expanded development and use of space;
                    (E) assess the future use of space for exploration, 
                science, research, national security, and public safety 
                ensure that such uses are consistent with the long-term 
                economic development of space, and are designed to 
                enhance the industrial and commercial capabilities of 
                space flight whenever possible; and
                    (F) make detailed recommendations related to the 
                use of budget, regulatory, and licensing powers and 
                authorities of the United States to enhance, to better 
                plan for, and to coordinate the activities of the 
                United States related to the development and use of 
                space.
            (2) Report to congress.--By September 1, 2005, the 
        Commission shall transmit to the Congress a report that--
                    (A) summarizes its recommendations for future 
                national goals for the development and use of space;
                    (B) provides a blueprint of capabilities that could 
                and should be achieved by the end of the present 
                decade, by 2015, and by 2025 in order to better 
                position the Nation to achieve those goals; and
                    (C) addresses potential markets and uses for space 
                and the means of financing the development and use of 
                space.
    (c) National Approach to the Safety of Space Flight.--
            (1) In general.--The Commission shall conduct a review and 
        assessment of the Nation's program of safety in space flight as 
        conducted by the United States, the commercial space industry, 
        and other private parties.
            (2) Contents.--The review and assessment shall--
                    (A) assess the current use of inspection, 
                acceptance, and commercial licensing to certify the 
                safety, flight worthiness, and flight readiness of 
                space vehicles and their associated launch and ground 
                control facilities;
                    (B) evaluate and compare current space launch and 
                flight operations practices, including the promulgation 
                of flight rules and over-flight plans of populated 
                areas;
                    (C) assess and compare how Federal agencies, 
                private launch operators, and commercial industry make 
                determinations of flight worthiness and ground and 
                flight system readiness, including the use of tests, 
                analyses, demonstrations, and other means whereby the 
                operational readiness of space vehicles, crew, and 
                ground systems are verified to be ready for launch and 
                operation;
                    (D) address current government and industry 
                practices for conducting and coordinating design and 
                decision rules within and among space management 
                agencies, firms, organizations, and ground control and 
                flight operations management centers before, during, 
                and after flight; and
                    (E) assess practices and conditions related to the 
                acquisition and sale of parts, components, systems, 
                services, and capabilities among Industry prime and 
                supplier contractors and the Federal Government, 
                including outsourcing, sole source, and other 
                competitive and non-competitive forms of relationship, 
                and their impact upon safety.
            (3) Report to congress.--No later than September 1, 2005, 
        the Commission shall transmit to the Congress a report that--
                    (A) summarizes the results of the review and 
                assessment required by paragraph (1); and
                    (B) makes recommendations for a National program 
                of--
                            (i) management of safe commercial, civil, 
                        and military space flight; and
                            (ii) regulation of the design, 
                        certification, or licensing of space flight 
                        systems for launch and landing over the United 
                        States, or for orbital or suborbital operation 
                        using crew or passengers aboard commercial or 
                        civil vehicles licensed or operated by the 
                        United States.
    (d) Annual Report.--In addition to other reports required or 
permitted under this Act, within 60 days after the end of each fiscal 
year, the Commission shall provide an annual report to the Congress 
that--
            (1) summarizes its activities, reports, findings, 
        conclusions, and recommendations during that fiscal year; and
            (2) contains a year-end financial statement of the 
        Commission's operations, including a detailed statement of the 
        purposes for which funds have been expended by the Commission.
    (e) Other Reports.--The Commission may also report to the President 
and the Congress on other space-related questions and issues raised by 
the Congress, the President, or on its own initiative.

SEC. 6. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the National Aeronautics and Space 
        Administration.
            (2) Commission.--The term ``Commission'' means the National 
        Space Commission established by section 3.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Commission such sums 
as may be necessary to carry out its duties under this Act.
                                 <all>