[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3070 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 3070

    To reauthorize the human space flight, aeronautics, and science 
programs of the National Aeronautics and Space Administration, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 27, 2005

  Mr. Calvert (for himself and Mr. Boehlert) introduced the following 
          bill; which was referred to the Committee on Science

_______________________________________________________________________

                                 A BILL


 
    To reauthorize the human space flight, aeronautics, and science 
programs of the National Aeronautics and Space Administration, and for 
                            other purposes.

    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 Aeronautics and Space 
Administration Authorization Act of 2005''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) on January 14, 2004, the President unveiled the Vision 
        for Space Exploration to guide United States policy on human 
        space exploration;
            (2) the National Aeronautics and Space Administration 
        should continue to support robust programs in space science, 
        aeronautics, and earth science as it moves forward with plans 
        to send Americans to the Moon, Mars, and worlds beyond; and
            (3) the National Aeronautics and Space Administration's 
        programs can advance the frontiers of science, expanding 
        understanding of our planet and of the universe, and contribute 
        to American prosperity.

SEC. 3. DEFINITIONS.

    For the purposes of this Act--
            (1) the term ``Administration'' means the National 
        Aeronautics and Space Administration; and
            (2) the term ``Administrator'' means the Administrator of 
        the National Aeronautics and Space Administration.

SEC. 4. RESPONSIBILITIES, POLICIES, AND PLANS.

    (a) General Responsibilities.--
            (1) Programs.--The Administrator shall ensure that the 
        Administration carries out a balanced set of programs that 
        shall include, at a minimum, programs in--
                    (A) human space flight, in accordance with 
                subsection (b);
                    (B) aeronautics research and development; and
                    (C) scientific research, which shall include, at a 
                minimum--
                            (i) robotic missions to study planets, and 
                        to deepen understanding of astronomy, 
                        astrophysics, and other areas of science that 
                        can be productively studied from space;
                            (ii) earth science research and research on 
                        the Sun-Earth connection through the 
                        development and operation of research 
                        satellites and other means; and
                            (iii) support of university research in 
                        space science and earth science.
            (2) Consultation and coordination.--In carrying out the 
        programs of the Administration, the Administrator shall--
                    (A) consult and coordinate to the extent 
                appropriate with other relevant Federal agencies, 
                including through the National Science and Technology 
                Council;
                    (B) work closely with the private sector, including 
                by--
                            (i) encouraging the work of entrepreneurs 
                        who are seeking to develop new means to send 
                        satellites, crew, or cargo to outer space;
                            (ii) contracting with the private sector 
                        for crew and cargo services to the extent 
                        practicable; and
                            (iii) using commercially available products 
                        (including software) and services to the extent 
                        practicable to support all Administration 
                        activities; and
                    (C) involve other nations to the extent 
                appropriate.
    (b) Vision for Space Exploration.--
            (1) Goals.--The Administrator shall manage human space 
        flight programs so as to achieve the following goals:
                    (A) Returning Americans to the Moon no later than 
                2020.
                    (B) Launching the Crew Exploration Vehicle as close 
                to 2010 as possible.
                    (C) Increasing knowledge of the impacts of long 
                duration stays in space on the human body using the 
                most appropriate facilities available.
                    (D) Enabling humans to land on and return from Mars 
                and other destinations on a timetable that is 
                technically and fiscally possible.
            (2) Space shuttle.--The Space Shuttle shall not be launched 
        after December 31, 2010.
    (c) Aeronautics.--
            (1) In general.--The President of the United States, 
        through the Administrator, and in consultation with other 
        Federal agencies, shall develop a national aeronautics policy 
        to guide the aeronautics programs of the Administration through 
        2020.
            (2) Content.--At a minimum, the national aeronautics policy 
        shall describe for the Administration--
                    (A) the priority areas of research for aeronautics 
                through fiscal year 2011;
                    (B) the basis on which and the process by which 
                priorities for ensuing fiscal years will be selected;
                    (C) the facilities and personnel needed to carry 
                out the aeronautics program through fiscal year 2011; 
                and
                    (D) the budget assumptions on which the national 
                aeronautics policy is based.
            (3) Considerations.--In developing the national aeronautics 
        policy, the President shall consider the following issues, 
        which shall be discussed in the transmittal under paragraph 
        (5):
                    (A) The extent to which the Administration should 
                focus on long-term, high-risk research or more 
                incremental research, and the expected impact on the 
                United States aircraft and airline industries of that 
                decision.
                    (B) The extent to which the Administration should 
                address military and commercial needs.
                    (C) How the Administration will coordinate its 
                aeronautics program with other Federal agencies.
                    (D) The extent to which the Administration will 
                fund university research, and the expected impact of 
                that funding on the supply of United States workers for 
                the aeronautics industry.
            (4) Consultation.--In the development of the national 
        aeronautics policy, the Administrator shall consult widely with 
        academic and industry experts and with other Federal agencies. 
        The Administrator may enter into an arrangement with the 
        National Academy of Sciences to help develop the national 
        aeronautics policy.
            (5) Schedule.--The Administrator shall transmit the 
        national aeronautics policy to the Committee on Appropriations 
        and the Committee on Science of the House of Representatives, 
        and to the Committee on Appropriations and the Committee on 
        Commerce, Science, and Transportation of the Senate, not later 
        than the date on which the President submits the proposed 
        budget for the Federal Government for fiscal year 2007 to the 
        Congress. The Administrator shall make available to those 
        committees any study done by a nongovernmental entity that was 
        used in the development of the national aeronautics policy.
    (d) Science.--
            (1) In general.--The Administrator shall develop a policy 
        to guide the science programs of the Administration through 
        2020.
            (2) Content.--At a minimum, the policy shall describe--
                    (A) the missions the Administration will initiate, 
                design, develop, launch, or operate in space science 
                and earth science through fiscal year 2011, including 
                launch dates;
                    (B) a priority ranking of all of the missions 
                listed under subparagraph (A), and the rationale for 
                the ranking;
                    (C) the budget assumptions on which the policy is 
                based; and
                    (D) the facilities and personnel needed to carry 
                out the science policy through fiscal year 2011.
            (3) Considerations.--In developing the science policy under 
        this subsection, the Administrator shall consider the following 
        issues, which shall be discussed in the transmittal under 
        paragraph (6):
                    (A) What the most important scientific questions in 
                space science and earth science are.
                    (B) The relationship between the Administration's 
                space and earth science activities and those of other 
                Federal agencies.
            (4) Consultation.--In developing the policy under this 
        subsection, the Administrator shall draw on decadal surveys and 
        other reports in planetary science, astronomy, solar and space 
        physics, earth science, and any other relevant fields developed 
        by the National Academy of Sciences. The Administrator shall 
        also consult widely with academic and industry experts and with 
        other Federal agencies.
            (5) Hubble space telescope.--The policy developed under 
        this subsection shall address plans for a human mission to 
        repair the Hubble Space Telescope.
            (6) Schedule.--The Administrator shall transmit the policy 
        developed under this subsection to the Committee on Science of 
        the House of Representatives and the Committee on Commerce, 
        Science, and Transportation of the Senate not later than the 
        date on which the President submits the proposed budget for the 
        Federal Government for fiscal year 2007 to the Congress. The 
        Administrator shall make available to those committees any 
        study done by a nongovernmental entity that was used in the 
        development of the policy.
    (e) Facilities.--
            (1) In general.--The Administrator shall develop a plan for 
        managing the Administration's facilities through fiscal year 
        2015. The plan shall be consistent with the policies and plans 
        developed pursuant to this section.
            (2) Content.--At a minimum, the plan shall describe--
                    (A) any new facilities the Administration intends 
                to acquire, whether through construction, purchase, or 
                lease, and the expected dates for doing so;
                    (B) any facilities the Administration intends to 
                significantly modify, and the expected dates for doing 
                so;
                    (C) any facilities the Administration intends to 
                close, and the expected dates for doing so;
                    (D) any transaction the Administration intends to 
                conduct to sell, lease, or otherwise transfer the 
                ownership of a facility, and the expected dates for 
                doing so;
                    (E) how each of the actions described in 
                subparagraphs (A), (B), (C), and (D) will enhance the 
                ability of the Administration to carry out its 
                programs;
                    (F) the expected costs or savings expected from 
                each of the actions described in subparagraphs (A), 
                (B), (C), and (D);
                    (G) the priority order of the actions described in 
                subparagraphs (A), (B), (C), and (D);
                    (H) the budget assumptions of the plan; and
                    (I) how facilities were evaluated in developing the 
                plan.
            (3) Schedule.--The Administrator shall transmit the plan 
        developed under this subsection to the Committee on Science of 
        the House of Representatives and the Committee on Commerce, 
        Science, and Transportation of the Senate not later than the 
        date on which the President submits the proposed budget for the 
        Federal Government for fiscal year 2008 to the Congress.
    (f) Workforce.--
            (1) In general.--The Administrator shall develop a human 
        capital strategy to ensure that the Administration has a 
        workforce of the appropriate size and with the appropriate 
        skills to carry out the programs of the Administration, 
        consistent with the policies and plans developed pursuant to 
        this section. The strategy shall cover the period through 
        fiscal year 2011.
            (2) Content.--The strategy shall describe, at a minimum--
                    (A) any categories of employees the Administration 
                intends to reduce, the expected size and timing of 
                those reductions, the methods the Administration 
                intends to use to make the reductions, and the reasons 
                the Administration no longer needs those employees;
                    (B) any categories of employees the Administration 
                intends to increase, the expected size and timing of 
                those increases, the methods the Administration intends 
                to use to recruit the additional employees, and the 
                reasons the Administration needs those employees; and
                    (C) the budget assumptions of the strategy, and any 
                expected additional costs or savings from the strategy 
                by fiscal year.
            (3) Schedule.--The Administrator shall transmit the 
        strategy developed under this subsection to the Committee on 
        Science of the House of Representatives and the Committee on 
        Commerce, Science, and Transportation of the Senate not later 
        than the date on which the President submits the proposed 
        budget for the Federal Government for fiscal year 2007 to the 
        Congress.
            (4) Limitation.--The Administration may not initiate any 
        buyout offer or Reduction in Force until 60 days after the 
        strategy required by this subsection has been transmitted to 
        the Congress in accordance with paragraph (3).
    (g) Center Management.--
            (1) In general.--The Administrator shall conduct a study to 
        determine whether any of the Administration's centers should be 
        operated by or with the private sector by converting a center 
        to a Federally Funded Research and Development Center or 
        through any other mechanism.
            (2) Content.--The study shall, at a minimum--
                    (A) make a recommendation for the operation of each 
                center and provide reasons for that recommendation; and
                    (B) describe the advantages and disadvantages of 
                each mode of operation considered in the study.
            (3) Considerations.--In conducting the study, the 
        Administrator shall take into consideration the experiences of 
        other relevant Federal agencies in operating laboratories and 
        centers and any reports that have reviewed the mode of 
        operation of those laboratories and centers, as well as any 
        reports that have reviewed the Administration's centers.
            (4) Schedule.--The Administrator shall transmit the study 
        conducted under this subsection to the Committee on Science of 
        the House of Representatives and the Committee on Commerce, 
        Science, and Transportation of the Senate not later than May 
        31, 2006.
    (h) Budgets.--The proposed budget for the Administration submitted 
by the President for each fiscal year shall be accompanied by documents 
showing--
            (1) the budget for each element of the human space flight 
        program;
            (2) the budget for aeronautics;
            (3) the budget for space science;
            (4) the budget for earth science;
            (5) the Corporate and Center General and Administrative 
        expenses and Service Pool costs for each center and for 
        headquarters, and for each directorate;
            (6) the budget for the Integrated Financial Management 
        Program, by individual element;
            (7) the budget for the Independent Technical Authority, 
        both total and by center;
            (8) the budget for public relations, by program;
            (9) the comparable figures for at least the 2 previous 
        fiscal years for each item in the proposed budget; and
            (10) the amount of unobligated funds and unexpended funds, 
        by appropriations account, that will be carried over into the 
        year for which the budget is being presented, and the estimated 
        amount of unobligated funds and unexpended funds that will 
        remain at the end of the year for which the budget is being 
        presented.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Administration for 
fiscal year 2006 $16,471,050,000.

SEC. 6. REPORTS.

    (a) Immediate Issues.--Not later than September 30, 2005, the 
Administrator shall transmit to the Committee on Science of the House 
of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report on each of the following items:
            (1) The research agenda for the International Space Station 
        and its proposed final configuration.
            (2) The number of flights the Space Shuttle will make 
        before its retirement, the purpose of those flights, and the 
        expected date of the final flight.
            (3) A description of the means, other than the Space 
        Shuttle, that may be used to ferry crew and cargo to the 
        International Space Station.
            (4) A plan for the operation of the International Space 
        Station in the event that the Iran Nonproliferation Act of 2000 
        is not amended.
            (5) A description of the launch vehicle for the Crew 
        Exploration Vehicle.
            (6) A description of any heavy lift vehicle the 
        Administration intends to develop, the intended uses of that 
        vehicle, and whether the decision to develop that vehicle has 
        undergone an interagency review.
            (7) A description of the intended purpose of lunar missions 
        and the architecture for those missions.
            (8) The program goals for Project Prometheus.
            (9) A plan for managing the cost increase for the James 
        Webb Space Telescope.
    (b) Crew Exploration Vehicle.--The Administrator shall not enter 
into a development contract for the Crew Exploration Vehicle until at 
least 30 days after the Administrator has transmitted to the Committee 
on Science of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a report 
describing--
            (1) the expected cost of the Crew Exploration Vehicle 
        through fiscal year 2020, based on the specifications of that 
        development contract; and
            (2) the expected budgets for each fiscal year through 
        fiscal year 2020 for human space exploration, aeronautics, 
        space science, and earth science--
                    (A) first assuming inflationary growth for the 
                budget of the Administration as a whole and including 
                costs for the Crew Exploration Vehicle as projected 
                under paragraph (1); and
                    (B) then assuming inflationary growth for the 
                budget of the Administration as a whole and including 
                at least two cost estimates for the Crew Exploration 
                Vehicle that are higher than those projected under 
                paragraph (1), based on the Administration's past 
                experience with cost increases for similar programs, 
                along with a description of the reasons for selecting 
                the cost estimates used for the calculations under this 
                subparagraph and the probability that the cost of the 
                Crew Exploration Vehicle will reach those estimated 
                amounts.
    (c) Space Communications.--Not later than February 15, 2007, the 
Administrator shall transmit to the Committee on Science of the House 
of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a plan for updating the space 
communications and navigation architecture for both low Earth orbit and 
deep space exploration so that it is capable of handling the activities 
described pursuant to section 4(b) and (d). The plan shall include 
life-cycle cost estimates, milestones, estimated performance 
capabilities, and 5-year funding profiles. The Administrator shall 
consult with other relevant Federal agencies in developing the plan 
under this subsection and shall include in the plan an estimate of the 
amount of any reimbursements the Administration is likely to receive 
from other Federal agencies during the expected life of the upgrades 
described in the plan.
    (d) Public Relations.--The Administration shall not initiate the 
national awareness campaign required by the report of the Committee on 
Appropriations of the House of Representatives accompanying the 
Science, State, Justice, Commerce, and Related Agencies Appropriations 
Act, 2006 until 30 days after the Administrator has transmitted a 
report to the Committee on Appropriations and the Committee on Science 
of the House of Representatives, and to the Committee on Appropriations 
and the Committee on Commerce, Science, and Transportation of the 
Senate, describing the activities that will be undertaken as part of 
the awareness campaign and their expected cost.
    (e) Joint Dark Energy Mission.--The Administrator and the Director 
of the Department of Energy Office of Science shall jointly transmit to 
the Committee on Science of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the Senate, not 
later than the date on which the President submits the proposed budget 
for the Federal Government for fiscal year 2007, a report on plans for 
a Joint Dark Energy Mission. The report shall include the amount of 
funds each agency intends to expend on the Joint Dark Energy Mission 
for each of the fiscal years 2007 through 2011, and specific milestones 
for the development and launch of the Mission.
    (f) Shuttle Employee Transition.--The Administrator shall consult 
with other appropriate Federal agencies and with Administration 
contractors and employees to develop a transition plan for Federal and 
contractor personnel engaged in the Space Shuttle program. The plan 
shall include actions to assist Federal and contractor personnel to 
take advantage of training, retraining, job placement, and relocation 
programs, and any other actions that the Administration will take to 
assist the employees. The Administrator shall transmit the plan to the 
Committee on Science of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate not later than 
90 days after the date of enactment of this Act.
    (g) Office of Science and Technology Policy.--
            (1) Study.--The Director of the Office of Science and 
        Technology Policy shall conduct a study to determine--
                    (A) if any research and development programs of the 
                Administration are unnecessarily duplicating aspects of 
                programs of other Federal agencies; and
                    (B) if any research and development programs of the 
                Administration are neglecting any topics of national 
                interest that are related to the mission of the 
                Administration.
            (2) Report.--Not later than March 1, 2006, the Director of 
        the Office of Science and Technology Policy shall transmit to 
        the Committee on Science of the House of Representatives and 
        the Committee on Commerce, Science, and Transportation of the 
        Senate a report that--
                    (A) describes the results of the study under 
                paragraph (1);
                    (B) recommends any changes to the research and 
                development programs of the Administration that should 
                be made to eliminate unnecessary duplication or address 
                topics of national interest; and
                    (C) describes mechanisms the Office of Science and 
                Technology Policy will use to ensure adequate 
                coordination between the Administration and Federal 
                agencies that operate related programs.

SEC. 7. BASELINES AND COST CONTROLS.

    (a) Conditions for Development.--
            (1) In general.--The Administration shall not enter into a 
        contract for the development phase of a major program unless 
        the Administrator determines that--
                    (A) the technical, cost, and schedule risks of the 
                program are clearly identified and the program has 
                developed a plan to manage those risks; and
                    (B) the program complies with all relevant 
                policies, regulations, and directives of the 
                Administration.
            (2) Report.--The Administrator shall transmit a report 
        describing the basis for the determination required under 
        paragraph (1) to the Committee on Science of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate at least 30 days before entering 
        into a contract for development under a major program.
            (3) Nondelegation.--The Administrator may not delegate the 
        determination requirement under this subsection.
    (b) Major Program Annual Reports.--
            (1) Requirement.--Not later than February 15 of each year 
        following the date of enactment of this Act, the Administrator 
        shall transmit to the Committee on Science of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate a report on each major program for 
        which the Administration proposes to expend funds in the 
        subsequent fiscal year. Reports under this section shall be 
        known as Major Program Annual Reports.
            (2) Baseline report.--The first Major Program Annual Report 
        for each major program shall include a Baseline Report that 
        shall, at a minimum, include--
                    (A) the purposes of the program and key technical 
                characteristics necessary to fulfill those purposes;
                    (B) an estimate of the life-cycle cost for the 
                program, with a detailed breakout of the development 
                cost and an estimate of the annual costs until the 
                development is completed;
                    (C) the schedule for the development, including key 
                program milestones; and
                    (D) the name of the person responsible for making 
                notifications under subsection (c), who shall be an 
                individual whose primary responsibility is overseeing 
                the program.
            (3) Information updates.--For major programs with respect 
        to which a Baseline Report has been previously submitted, each 
        subsequent Major Program Annual Report shall describe any 
        changes to the information that had been provided in the 
        Baseline Report, and the reasons for those changes.
    (c) Notification.--
            (1) Requirement.--The individual identified under 
        subsection (b)(2)(D) shall immediately notify the Administrator 
        any time that individual has reasonable cause to believe that, 
        for the major program for which he or she is responsible--
                    (A) the development cost of the program is likely 
                to exceed the estimate provided in the Baseline Report 
                of the program by 15 percent or more; or
                    (B) a milestone of the program is likely to be 
                delayed by 6 months or more from the date provided for 
                it in the Baseline Report of the program.
            (2) Reasons.--Not later than 7 days after the notification 
        required under paragraph (1), the individual identified under 
        subsection (b)(2)(D) shall transmit to the Administrator a 
        written notification explaining the reasons for the change in 
        the cost or milestone of the program for which notification was 
        provided under paragraph (1).
            (3) Notification of congress.--Not later than 5 days after 
        the Administrator receives a written notification under 
        paragraph (2), the Administrator shall transmit the 
        notification to the Committee on Science of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate.
    (d) Fifteen Percent Threshold.--Not later than 30 days after 
receiving a written notification under subsection (c)(2), the 
Administrator shall determine whether the development cost of the 
program is likely to exceed the estimate provided in the Baseline 
Report of the program by 15 percent or more, or whether a milestone is 
likely to be delayed by 6 months or more. If the determination is 
affirmative, the Administrator shall--
            (1) transmit to the Committee on Science of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate, not later than 14 days after 
        making the determination, a report that includes--
                    (A) a description of the increase in cost or delay 
                in schedule and a detailed explanation for the increase 
                or delay;
                    (B) a description of actions taken or proposed to 
                be taken in response to the cost increase or delay; and
                    (C) a description of any impacts the cost increase 
                or schedule delay will have on any other program within 
                the Administration; and
            (2) if the Administrator intends to continue with the 
        program, promptly initiate an analysis of the program, which 
        shall include, at a minimum--
                    (A) the projected cost and schedule for completing 
                the program if current requirements of the program are 
                not modified;
                    (B) the projected cost and the schedule for 
                completing the program after instituting the actions 
                described under paragraph (1)(B); and
                    (C) a description of, and the projected cost and 
                schedule for, a broad range of alternatives to the 
                program.
The Administration shall complete an analysis initiated under paragraph 
(2) not later than 6 months after the Administrator makes a 
determination under this subsection. The Administrator shall transmit 
the analysis to the Committee on Science of the House of 
Representatives and Committee on Commerce, Science, and Transportation 
of the Senate not later than 30 days after its completion.
    (e) Thirty Percent Threshold.--If the Administrator determines 
under subsection (d) that the development cost of a program will exceed 
the estimate provided in the Baseline Report of the program by more 
than the lower of 30 percent or $1,000,000,000, then, beginning 1 year 
after the date the Administrator transmits a report under subsection 
(d)(1), the Administrator shall not expend any additional funds on the 
program, other than termination costs, unless the Congress has 
subsequently authorized continuation of the program by law. If the 
program is continued, the Administrator shall submit a new Baseline 
Report for the program no later than 90 days after the date of 
enactment of the Act under which Congress has authorized continuation 
of the program.
    (f) Definitions.--For the purposes of this section--
            (1) the term ``development'' means the phase of a program 
        following the formulation phase and beginning with the approval 
        to proceed to implementation, as defined in the 
        Administration's Procedural Requirements 7120.5c, dated March 
        22, 2005;
            (2) the term ``development cost'' means the total of all 
        costs, including construction of facilities and civil servant 
        costs, from the period beginning with the approval to proceed 
        to implementation through the achievement of operational 
        readiness, without regard to funding source or management 
        control, for the life of the program;
            (3) the term ``life-cycle cost'' means the total of the 
        direct, indirect, recurring, and nonrecurring costs, including 
        the construction of facilities and civil servant costs, and 
        other related expenses incurred or estimated to be incurred in 
        the design, development, verification, production, operation, 
        maintenance, support, and retirement of a program over its 
        planned lifespan, without regard to funding source or 
        management control; and
            (4) the term ``major program'' means an activity approved 
        to proceed to implementation that has an estimated life-cycle 
        cost of more than $100,000,000.

SEC. 8. PRIZE AUTHORITY.

    The National Aeronautics and Space Act of 1958 (42 U.S.C. 2451, et 
seq.) is amended by inserting after section 313 the following new 
section:

                           ``prize authority

    ``Sec. 314. (a) In General.--The Administration may carry out a 
program to competitively award cash prizes to stimulate innovation in 
basic and applied research, technology development, and prototype 
demonstration that have the potential for application to the 
performance of the space and aeronautical activities of the 
Administration. The Administration may carry out a program to award 
prizes only in conformity with this section.
    ``(b) Topics.--In selecting topics for prize competitions, the 
Administrator shall consult widely both within and outside the Federal 
Government, and may empanel advisory committees.
    ``(c) Advertising.--The Administrator shall widely advertise prize 
competitions to encourage participation.
    ``(d) Requirements and Registration.--For each prize competition, 
the Administrator shall publish a notice in the Federal Register 
announcing the subject of the competition, the rules for being eligible 
to participate in the competition, the amount of the prize, and the 
basis on which a winner will be selected.
    ``(e) Eligibility.--To be eligible to win a prize under this 
section, an individual or entity--
            ``(1) shall have registered to participate in the 
        competition pursuant to any rules promulgated by the 
        Administrator under subsection (d);
            ``(2) shall have complied with all the requirements under 
        this section;
            ``(3) in the case of a private entity, shall be 
        incorporated in and maintain a primary place of business in the 
        United States, and in the case of an individual, whether 
        participating singly or in a group, shall be a citizen or 
        permanent resident of the United States; and
            ``(4) shall not be a Federal entity or Federal employee 
        acting within the scope of their employment.
    ``(f) Liability.--(1) Registered participants must agree to assume 
any and all risks and waive claims against the United States Government 
and its related entities, except in the case of willful misconduct, for 
any injury, death, damage, or loss of property, revenue, or profits, 
whether direct, indirect, or consequential, arising from their 
participation in a competition, whether such injury, death, damage, or 
loss arises through negligence or otherwise. For the purposes of this 
subparagraph, the term `related entity' means a contractor or 
subcontractor at any tier, and a supplier, user, customer, cooperating 
party, grantee, investigator, or detailee.
    ``(2) Participants must obtain liability insurance or demonstrate 
financial responsibility in amounts to compensate for the maximum 
probable loss, as determined by the Administrator, from claims by--
            ``(A) a third party for death, bodily injury, or property 
        damage, or loss resulting from an activity carried out in 
        connection with participation in a competition, with the 
        Federal Government named as an additional insured under the 
        registered participant's insurance policy and registered 
        participants agreeing to indemnify the Federal Government 
        against third party claims for damages arising from or related 
        to competition activities; and
            ``(B) the United States Government for damage or loss to 
        Government property resulting from such an activity.
    ``(g) Intellectual Property.--The Federal Government shall not, by 
virtue of offering or providing a prize under this section, be entitled 
to any intellectual property rights derived as a consequence of, or 
direct relation to, the participation by a registered participant in a 
competition authorized by this section. This subsection shall not be 
construed to prevent the Administration from negotiating a license for 
the use of intellectual property developed for a prize competition 
under this section.
    ``(h) Judges.--For each competition, the Administration, either 
directly or through a contract under subsection (i), shall assemble a 
panel of qualified judges from both within and outside the 
Administration to select the winner or winners of the prize competition 
on the basis described pursuant to subsection (d). Judges for each 
competition shall include individuals from the private sector. A judge 
may not--
            ``(1) have personal or financial interests in, or be 
        employees, officers, directors, or agents of, any entity that 
        is a registered participant in a competition; or
            ``(2) have a familial or financial relationship with an 
        individual who is a registered participant.
    ``(i) Administering the Competition.--The Administrator may enter 
into an agreement with a private, nonprofit entity to administer the 
prize competition, subject to the provisions of this section.
    ``(j) Funding.--(1) The Administrator may accept funds from other 
Federal agencies and from the private sector for cash prizes under this 
section. Such funds shall not increase the amount of a prize after the 
amount has been announced pursuant to subsection (d). The Administrator 
may not give any special consideration to any private sector entity in 
return for a donation.
    ``(2) Funds appropriated for the program under this section shall 
remain available until expended, and may be transferred, reprogrammed, 
or expended for other purposes only after the expiration of 10 fiscal 
years after the fiscal year for which the funds were originally 
appropriated. No provision in this section permits obligation or 
payment of funds in violation of the Anti-Deficiency Act (31 U.S.C. 
1341).
    ``(3) No prize may be announced under subsection (d) until all the 
funds for that prize have been appropriated or obligated for such 
purpose by a private sector source.
    ``(4) No prize competition under this section may offer a prize in 
an amount greater than $10,000,000 unless 30 days have elapsed after 
written notice has been provided to the Committee on Science of the 
House of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate.
    ``(k) Use of NASA Name and Insignia.--A registered participant in a 
competition under this section may use the Administration's name, 
initials, or insignia only after prior review and written approval by 
the Administration.
    ``(l) Compliance With Existing Law.--The Federal Government shall 
not, by virtue of offering or providing a prize under this section, be 
responsible for compliance by registered participants in a prize 
competition with Federal law, including licensing, export control, and 
nonproliferation laws, and related regulations.''.

SEC. 9. MISCELLANEOUS AMENDMENTS.

    (a) Retrocession of Jurisdiction.--The National Aeronautics and 
Space Act of 1958 (42 U.S.C. 2451 et seq.) is amended by adding at the 
end of title III the following new section:

                     ``retrocession of jurisdiction

    ``Sec. 316. (a) Notwithstanding any other provision of law, the 
Administrator may relinquish to a State all or part of the legislative 
jurisdiction of the United States over lands or interests under the 
control of the Administrator in that State.
    ``(b) For purposes of this section, the term `State' means any of 
the several States, the District of Columbia, the Commonwealth of 
Puerto Rico, the United States Virgin Islands, Guam, American Samoa, 
the Northern Mariana Islands, and any other commonwealth, territory, or 
possession of the United States.''.
    (b) NASA Scholarships.--
            (1) Amendments.--Section 9809 of title 5, United States 
        Code, is amended--
                    (A) in subsection (a)(2) by striking ``Act.'' and 
                inserting ``Act (42 U.S.C. 1885a or 1885b).'';
                    (B) in subsection (c) by striking ``require.'' and 
                inserting ``require to carry out this section.'';
                    (C) in subsection (f)(1) by striking the last 
                sentence; and
                    (D) in subsection (g)(2) by striking ``Treasurer of 
                the'' and all that follows through ``by 3'' and 
                inserting ``Treasurer of the United States''.
            (2) Repeal.--The Vision 100--Century of Aviation 
        Reauthorization Act is amended by striking section 703 (42 
        U.S.C. 2473e).
    (c) Vehicle Indemnification.--Section 309 of the National 
Aeronautics and Space Act of 1958 (42 U.S.C. 458c) is amended in 
subsection (f)(1) by striking ``December 31, 2002'' through ``September 
30, 2005'' and inserting, ``December 31, 2010, except that the 
Administrator may extend the termination date to a date not later than 
September 30, 2015, if the Administrator has entered into an 
arrangement with the National Academy of Public Administration to 
determine the impact on private parties and the Federal Government of 
eliminating this section''.
    (d) ISS Cost Cap.--Section 202 of the National Aeronautics and 
Space Administration Authorization Act of 2002 is repealed.

SEC. 10. FOREIGN LAUNCH VEHICLES.

    (a) Accord With Space Transportation Policy.--The Administration 
shall not launch a mission on a foreign launch vehicle except in 
accordance with the Space Transportation Policy announced by the 
President on December 21, 2004.
    (b) Interagency Coordination.--The Administration shall not launch 
a mission on a foreign launch vehicle unless the Administration 
commenced the interagency coordination required by the Space 
Transportation Policy announced by the President on December 21, 2004, 
at least 90 days before entering into a development contract for the 
mission.

SEC. 11. COORDINATION WITH THE NATIONAL OCEANIC AND ATMOSPHERIC 
              ADMINISTRATION.

    (a) Coordinating Individuals.--For each earth science mission 
undertaken by the Administration, the Administrator and the 
Administrator of the National Oceanic and Atmospheric Administration 
shall each appoint one individual to coordinate activities related to 
the mission and to make any appropriate plans for the mission making 
the transition from an Administration mission to a National Oceanic and 
Atmospheric Administration mission.
    (b) Coordination Report.--Not later than February 15 of each year, 
the Under Secretary of Commerce for Oceans and Atmosphere and the 
Administrator shall jointly transmit a report to the Committee on 
Science of the House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate on how the earth science 
programs of the National Oceanic and Atmospheric Administration and the 
Administration will be coordinated during the fiscal year following the 
fiscal year in which the report is transmitted.

SEC. 12. CHARLES ``PETE'' CONRAD ASTRONOMY AWARDS.

    (a) Short Title.--This section may be cited as the ``Charles `Pete' 
Conrad Astronomy Awards Act''.
    (b) Definitions.--For the purposes of this section--
            (1) the term ``amateur astronomer'' means an individual 
        whose employer does not provide any funding, payment, or 
        compensation to the individual for the observation of asteroids 
        and other celestial bodies, and does not include any individual 
        employed as a professional astronomer;
            (2) the term ``Minor Planet Center'' means the Minor Planet 
        Center of the Smithsonian Astrophysical Observatory;
            (3) the term ``near-Earth asteroid'' means an asteroid with 
        a perihelion distance of less than 1.3 Astronomical Units from 
        the Sun; and
            (4) the term ``Program'' means the Charles ``Pete'' Conrad 
        Astronomy Awards Program established under subsection (c).
    (c) Pete Conrad Astronomy Award Program.--
            (1) In general.--The Administrator shall establish the 
        Charles ``Pete'' Conrad Astronomy Awards Program.
            (2) Awards.--The Administrator shall make awards under the 
        Program based on the recommendations of the Minor Planet 
        Center.
            (3) Award categories.--The Administrator shall make one 
        annual award, unless there are no eligible discoveries or 
        contributions, for each of the following categories:
                    (A) The amateur astronomer or group of amateur 
                astronomers who in the preceding calendar year 
                discovered the intrinsically brightest near-Earth 
                asteroid among the near-Earth asteroids that were 
                discovered during that year by amateur astronomers or 
                groups of amateur astronomers.
                    (B) The amateur astronomer or group of amateur 
                astronomers who made the greatest contribution to the 
                Minor Planet Center's mission of cataloguing near-Earth 
                asteroids during the preceding year.
            (4) Award amount.--An award under the Program shall be in 
        the amount of $3,000.
            (5) Guidelines.--(A) No individual who is not a citizen or 
        permanent resident of the United States at the time of his 
        discovery or contribution may receive an award under this 
        section.
            (B) The decisions of the Administrator in making awards 
        under this section are final.

SEC. 13. GEORGE E. BROWN, JR. NEAR-EARTH OBJECT SURVEY.

    (a) Short Title.--This section may be cited as the ``George E. 
Brown, Jr. Near-Earth Object Survey Act''.
    (b) Findings.--The Congress makes the following findings:
            (1) Near-Earth objects pose a serious and credible 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) Similar objects have struck the Earth or passed through 
        the Earth's atmosphere several times in the Earth's history and 
        pose a similar threat in the future.
            (3) Several such near-Earth objects have only been 
        discovered within days of the objects' closest approach to 
        Earth, and recent discoveries of such large objects indicate 
        that many large near-Earth objects remain undiscovered.
            (4) The efforts taken to date by the Administration for 
        detecting and characterizing the hazards of near-Earth objects 
        are not sufficient to fully determine the threat posed by such 
        objects to cause widespread destruction and loss of life.
    (c) Definitions.--For purposes of this section the term ``near-
Earth object'' means an asteroid or comet with a perihelion distance of 
less that 1.3 Astronomical Units from the Sun.
    (d) Near-Earth Object Survey.--
            (1) Survey program.--The Administrator shall plan, develop, 
        and implement a Near-Earth Object Survey program to detect, 
        track, catalogue, and characterize the physical characteristics 
        of near-Earth objects equal to or greater than 100 meters in 
        diameter in order to assess the threat of such near-Earth 
        objects to the Earth. It shall be the goal of the Survey 
        program to achieve 90 percent completion of its near-Earth 
        object catalogue (based on statistically predicted populations 
        of near-Earth objects) within 15 years after the date of 
        enactment of this Act.
            (2) Amendments.--Section 102 of the National Aeronautics 
        and Space Act of 1958 (42 U.S.C. 2451) is amended--
                    (A) by redesignating subsection (g) as subsection 
                (h);
                    (B) by inserting after subsection (f) the following 
                new subsection:
    ``(g) The Congress declares that the general welfare and security 
of the United States require that the unique competence of the National 
Aeronautics and Space Administration be directed to detecting, 
tracking, cataloguing, and characterizing near-Earth asteroids and 
comets in order to provide warning and mitigation of the potential 
hazard of such near-Earth objects to the Earth.''; and
                    (C) in subsection (h), as so redesignated by 
                subparagraph (A) of this paragraph, by striking ``and 
                (f)'' and inserting ``(f), and (g)''.
            (3) Annual report.--The Administrator shall transmit to the 
        Congress, not later than February 28 of each of the next 5 
        years beginning after the date of enactment of this Act, a 
        report that provides the following:
                    (A) A summary of all activities taken pursuant to 
                paragraph (1) for the previous fiscal year.
                    (B) A summary of expenditures for all activities 
                pursuant to paragraph (1) for the previous fiscal year.
            (4) Initial report.--The Administrator shall transmit to 
        Congress not later than 1 year after the date of enactment of 
        this Act an initial report that provides the following:
                    (A) An analysis of possible alternatives that the 
                the Administration may employ to carry out the Survey 
                program, including ground-based and space-based 
                alternatives with technical descriptions.
                    (B) A recommended option and proposed budget to 
                carry out the Survey program pursuant to the 
                recommended option.
                    (C) An analysis of possible alternatives that the 
                Administration could employ to divert an object on a 
                likely collision course with Earth.
                                 <all>