[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3250 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 3250

   To authorize appropriation for the National Aeronautics and Space 
                Administration, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 12, 2005

Mr. Gordon (for himself, Mr. Udall of Colorado, Mr. Al Green of Texas, 
 Mr. Miller of North Carolina, Mr. Costello, Ms. Eddie Bernice Johnson 
 of Texas, Ms. Hooley, Mr. Honda, Mr. Davis of Tennessee, Ms. Jackson-
Lee of Texas, Mr. Baird, Mr. Matheson, Mr. Costa, Mr. Moore of Kansas, 
Mr. Carnahan, Mr. Melancon, Mr. Sherman, Mr. Wu, Mr. Lipinski, and Ms. 
   Woolsey) introduced the following bill; which was referred to the 
                          Committee on Science

_______________________________________________________________________

                                 A BILL


 
   To authorize appropriation for 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``National 
Aeronautics and Space Administration Authorization Act of 2005''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
                TITLE I--AUTHORIZATION OF APPROPRIATIONS

                       Subtitle A--Authorizations

Sec. 101. Fiscal year 2006.
Sec. 102. Fiscal year 2007.
Sec. 103. Fiscal year 2008.
                     Subtitle B--General Provisions

Sec. 111. Technology transfer program.
Sec. 112. Proportionality.
Sec. 113. Limitations on authority.
Sec. 114. Notice of reprogramming.
Sec. 115. Structure of budgetary accounts.
Sec. 116. Cost growth and cost overruns.
Sec. 117. Evaluation criteria for budget request.
Sec. 118. Official representational fund.
Sec. 119. Safety management.
Sec. 120. Lessons learned and best practices.
                           TITLE II--SCIENCE

                     Subtitle A--General Provisions

Sec. 201. Prioritization of science projects and activities.
Sec. 202. Performance assessments.
Sec. 203. Status report on Hubble Space Telescope servicing mission.
Sec. 204. Future of the Deep Space Network.
Sec. 205. Earth observing system.
Sec. 206. Independent assessment of Landsat-NPOESS integrated mission.
Sec. 207. Assessment of science mission extensions.
Sec. 208. Microgravity research.
                       Subtitle B--Remote Sensing

Sec. 211. Definitions.
Sec. 212. Pilot projects to encourage public sector applications.
Sec. 213. Program evaluation.
Sec. 214. Data availability.
Sec. 215. Education.
       Subtitle C--George E. Brown, Jr. Near-Earth Object Survey

Sec. 221. George E. Brown, Jr. Near-Earth Object Survey.
                         TITLE III--AERONAUTICS

Sec. 301. Definition.
  Subtitle A--National Policy for Aeronautics Research and Development

Sec. 311. Policy.
     Subtitle B--NASA Aeronautics Breakthrough Research Initiatives

Sec. 321. Environmental aircraft research and development initiative.
Sec. 322. Civil supersonic transport research and development 
                            initiative.
Sec. 323. Rotorcraft and other runway-independent air vehicles research 
                            and development initiative.
Sec. 324. Review.
 Subtitle C--Other NASA Aeronautics Research and Development Activities

Sec. 331. Fundamental research and technology base program.
Sec. 332. Airspace systems research.
Sec. 333. Aviation safety and security research.
Sec. 334. Zero-emissions aircraft research.
Sec. 335. Mars aircraft research.
Sec. 336. Hypersonics research.
Sec. 337. NASA aeronautics scholarships.
Sec. 338. Aviation weather research.
Sec. 339. Assessment of wake turbulence research and development 
                            program.
Sec. 340. University-based centers for research on aviation training.
                      TITLE IV--HUMAN SPACE FLIGHT

Sec. 401. International Space Station completion.
Sec. 402. Use of the International Space Station and annual report.
Sec. 403. International Space Station cost cap.
Sec. 404. Space shuttle transition.
Sec. 405. Human exploration priorities.
Sec. 406. Development of expanded permanent human presence beyond low-
                            Earth orbit.
Sec. 407. Ground-based exploration analog capabilities.
Sec. 408. GAO assessment of feasibility of Moon and Mars exploration 
                            missions.
Sec. 409. United States human-rated launch capacity assessment.
                      TITLE V--OTHER PROGRAM AREAS

                  Subtitle A--Space and Flight Support

Sec. 501. Space communications study.
Sec. 502. Orbital debris.
Sec. 503. Secondary payload capability.
Sec. 504. NASA healthcare program.
                         Subtitle B--Education

Sec. 511. Institutions in NASA's minority institutions program.
Sec. 512. Program to expand distance learning in rural underserved 
                            areas.
Sec. 513. Charles ``Pete'' Conrad Astronomy Awards.
Sec. 514. Review of education programs.
Sec. 515. Equal access to NASA's education programs.
                      TITLE VI--COMMERCIALIZATION

Sec. 601. Competitive prize program to encourage development of 
                            advanced space and aeronautical 
                            technologies.
Sec. 602. Commercial support of International Space Station operations 
                            and utilization.
Sec. 603. Commercialization plan.
Sec. 604. Commercial goods and services.
                  TITLE VII--WORKFORCE AND FACILITIES

Sec. 701. Workforce strategy.
Sec. 702. Facilities plan.
Sec. 703. NASA test facilities policy.
Sec. 704. Study on the feasibility of use of ground source heat pumps.
Sec. 705. Facilities management.
                  TITLE VIII--MISCELLANEOUS AMENDMENTS

Sec. 801. Retrocession of jurisdiction.
Sec. 802. Extension of indemnification authority.
Sec. 803. Intellectual property provisions.
Sec. 804. Electronic access to business opportunities.
Sec. 805. Requirement for independent cost analysis.
Sec. 806. Limitations on off-shore performance of contracts for the 
                            procurement of goods and services.
                   TITLE IX--INDEPENDENT COMMISSIONS

Sec. 901. Definitions.
 Subtitle A--International Space Station Independent Safety Commission

Sec. 911. Establishment of Commission.
Sec. 912. Tasks of the Commission.
  Subtitle B--Human Space Flight Independent Investigation Commission

Sec. 921. Establishment of Commission.
Sec. 922. Tasks of the Commission.
Sec. 923. Role of NTSB.
         Subtitle C--Organization and Operation of Commissions

Sec. 931. Composition of Commissions.
Sec. 932. Powers of Commission.
Sec. 933. Public meetings, information, and hearings.
Sec. 934. Staff of Commission.
Sec. 935. Compensation and travel expenses.
Sec. 936. Security clearances for Commission members and staff.
Sec. 937. Reporting requirements and termination.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) NASA is and should remain a multimission agency with a 
        balanced and robust set of core missions in science, 
        aeronautics, and human space flight.
            (2) The President's vision of returning humans to the Moon 
        and then venturing further into the solar system on a step-by-
        step basis provides a sustainable rationale for the United 
        States human space flight program.
            (3) Maintaining the capability to safely send humans into 
        space is essential to maintaining United States preeminence in 
        human space flight. Thus, a gap in United States human space 
        flight capability is harmful to the national interest.
            (4) The United States should honor its international 
        commitments to the International Space Station program.
            (5) The United States must remain the leader in aeronautics 
        and aviation. Any erosion of this preeminence is not in the 
        Nation's economic or security interests. Past Federal 
        investments in aeronautics research and development have 
        benefited the economy and national security of the United 
        States and improved the quality of life of its citizens.
            (6) Long-term progress in aeronautics and space requires 
        continued Federal investment in fundamental research, test 
        facilities, and maintenance of a skilled civil service 
        workforce at NASA's Centers.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the National Aeronautics and Space 
        Administration.
            (2) In-situ resource utilization.--The term ``in-situ 
        resource utilization'' means technology or systems that can 
        convert indigenous or locally-situated substances into useful 
        materials and products.
            (3) ISS.--The term ``ISS'' means the International Space 
        Station.
            (4) NASA.--The term ``NASA'' means the National Aeronautics 
        and Space Administration.

                TITLE I--AUTHORIZATION OF APPROPRIATIONS

                       Subtitle A--Authorizations

SEC. 101. FISCAL YEAR 2006.

    There are authorized to be appropriated to NASA for fiscal year 
2006 $16,471,050,000, as follows:
            (1) For Science, Aeronautics, Space and Flight Support, and 
        Education (including amounts for construction of facilities), 
        $7,567,200,000 of which--
                    (A) $5,954,200,000 shall be for Science, of which--
                            (i) $1,765,000,000 shall be for Solar 
                        System Exploration;
                            (ii) $1,928,000,000 shall be for Universe 
                        of which--
                                    (I) $250,000,000 shall be for a 
                                Hubble Space Telescope servicing 
                                mission;
                                    (II) $521,600,000 shall be for the 
                                James Webb Space Telescope; and
                                    (III) $331,500,000 shall be for 
                                Universe Research;
                            (iii) $2,144,000,000 shall be for Earth-Sun 
                        System of which--
                                    (I) $30,000,000 shall be to augment 
                                funding for the Glory mission;
                                    (II) $25,000,000 shall be to 
                                augment funding for extension of 
                                operational spacecraft missions; and
                                    (III) $25,000,000 shall be to 
                                augment funding for the Global 
                                Precipitation Mission; and
                            (iv) $117,000,000 shall be for Microgravity 
                        Sciences;
                    (B) $1,057,000,000 shall be for Aeronautics;
                    (C) $376,000,000 shall be for Space and Flight 
                Support; and
                    (D) $180,000,000 shall be for Education, of which 
                $29,550,000 shall be for the National Space Grant 
                College and Fellowship Program.
            (2) For Human Space Flight (including amounts for 
        construction of facilities), $8,873,000,000 of which--
                    (A) $4,531,000,000 shall be for the Space Shuttle;
                    (B) $1,857,000,000 shall be for the International 
                Space Station; and
                    (C) $2,485,000,000 shall be for Human Exploration, 
                including all robotic space missions and technology 
                development needed to enable human exploration beyond 
                the orbital altitude of the International Space 
                Station.
            (3) For the Office of Inspector General, $32,000,000.

SEC. 102. FISCAL YEAR 2007.

    There are authorized to be appropriated to NASA for fiscal year 
2007 $16,962,000,000, as follows:
            (1) For Science, Aeronautics, Space and Flight Support, and 
        Education (including amounts for construction of facilities), 
        $7,792,100,000, of which--
                    (A) $6,146,700,000 shall be for Science, of which--
                            (i) $2,072,000,000 shall be for Solar 
                        System Exploration;
                            (ii) $1,848,500,000 shall be for Universe 
                        of which--
                                    (I) $150,000,000 shall be for a 
                                Hubble Space Telescope servicing 
                                mission;
                                    (II) $522,500,000 shall be for the 
                                James Webb Space Telescope; and
                                    (III) $328,500,000 shall be for 
                                Universe Research;
                            (iii) $2,106,000,000 shall be for Earth-Sun 
                        System, of which $25,000,000 shall be to 
                        augment funding for extension of operational 
                        spacecraft missions; and
                            (iv) $120,000,000 shall be for Microgravity 
                        Sciences;
                    (B) $1,089,000,000 shall be for Aeronautics;
                    (C) $371,000,000 shall be for Space and Flight 
                Support; and
                    (D) $185,000,000 shall be for Education, of which 
                $32,000,000 shall be for the National Space Grant 
                College and Fellowship Program.
            (2) For Human Space Flight (including amounts for 
        construction of facilities), $9,134,900,000, of which--
                    (A) $4,172,000,000 shall be for the Space Shuttle;
                    (B) $1,835,000,000 shall be for the International 
                Space Station; and
                    (C) $3,127,900,000 shall be for Human Exploration, 
                including all robotic space missions and technology 
                development needed to enable human exploration beyond 
                the orbital altitude of the International Space 
                Station.
            (3) For the Office of Inspector General, $34,000,000.

SEC. 103. FISCAL YEAR 2008.

    There are authorized to be appropriated to NASA for fiscal year 
2008 $17,306,000,000, as follows:
            (1) For Science, Aeronautics, Space and Flight, and 
        Education (including amounts for construction of facilities), 
        $8,259,400,000 of which--
                    (A) $6,547,500,000 shall be for Science, of which--
                            (i) $2,461,000,000 shall be for Solar 
                        System Exploration;
                            (ii) $1,806,000,000 shall be for Universe 
                        of which--
                                    (I) $100,000,000 shall be for a 
                                Hubble Space Telescope servicing 
                                mission;
                                    (II) $478,600,000 shall be for the 
                                James Webb Space Telescope; and
                                    (III) $325,800,000 shall be for 
                                Universe Research;
                            (iii) $2,157,000,000 shall be for Earth-Sun 
                        System, of which $25,000,000 shall be to 
                        augment funding for operational spacecraft 
                        missions; and
                            (iv) $124,000,000 shall be for Microgravity 
                        Sciences;
                    (B) $1,121,000,000 shall be for Aeronautics;
                    (C) $400,000,000 shall be for Space and Flight 
                Support; and
                    (D) $191,000,000 shall be for Education, of which 
                $34,000,000 shall be for the National Space Grant 
                College and Fellowship Program.
            (2) For Human Space Flight (including amounts for 
        construction of facilities), $9,011,500,000, of which--
                    (A) $3,866,000,000 shall be for the Space Shuttle;
                    (B) $1,791,000,000 shall be for the International 
                Space Station; and
                    (C) $3,354,500,000 shall be for Human Exploration, 
                including all robotic space missions and technology 
                development needed to enable human exploration beyond 
                the orbital altitude of the International Space 
                Station.
            (3) For the Office of the Inspector General, $35,000,000.

                     Subtitle B--General Provisions

SEC. 111. TECHNOLOGY TRANSFER PROGRAM.

     Of each of the overall sums authorized to be appropriated by 
sections 101, 102, and 103, 1.09 percent shall be reserved for 
innovative technology transfer partnerships and other technology 
transfer initiatives undertaken by NASA.

SEC. 112. PROPORTIONALITY.

     If the total amount appropriated for NASA pursuant to section 101, 
102, or 103 is less than the amount authorized under such section, the 
amounts authorized under each of the accounts specified in such section 
shall be reduced proportionately.

SEC. 113. LIMITATIONS ON AUTHORITY.

     Notwithstanding any other provision of this Act, no amount 
appropriated pursuant to this Act may be used for any program in excess 
of the amount actually authorized for the particular program by section 
101, 102, or 103, unless a period of 30 days has passed after the 
receipt, by each such Committee, of notice given by the Administrator 
containing a full and complete statement of the action proposed to be 
taken and the facts and circumstances relied upon in support of such a 
proposed action. NASA shall keep the Committee on Commerce, Science, 
and Transportation of the Senate and the Committee on Science of the 
House of Representatives fully and currently informed with respect to 
all activities and responsibilities within the jurisdiction of those 
Committees.

SEC. 114. NOTICE OF REPROGRAMMING.

    If any funds authorized by this Act are subject to a reprogramming 
action that requires notice to be provided to the Appropriations 
Committees of the House of Representatives and the Senate, notice of 
such action shall concurrently be provided to the Committee on Science 
of the House of Representatives and the Committee on Commerce, Science, 
and Transportation of the Senate.

SEC. 115. STRUCTURE OF BUDGETARY ACCOUNTS.

     Section 313 of the National Aeronautics and Space Act of 1958 (42 
U.S.C. 2459f) is amended to read as follows:

``SEC. 313. BUDGETARY ACCOUNTS.

    ``Appropriations for NASA for fiscal year 2007 and thereafter shall 
be made in three accounts, `Science, Aeronautics, Space and Flight 
Support, and Education', `Human Space Flight', and an account for 
amounts appropriated for the necessary expenses of the Office of the 
Inspector General. Appropriations shall remain available for two fiscal 
years. Each account shall include the planned full costs of NASA's 
activities.''.

SEC. 116. COST GROWTH AND COST OVERRUNS.

    (a) Sense of Congress.--It is the sense of Congress that cost 
overruns and cost growth within one of the accounts specified in 
sections 101, 102, and 103 should be dealt with by means of adjustments 
within that account to the maximum extent practicable, and protecting 
funds intended for fundamental and applied research and analysis to the 
maximum extent practicable.
    (b) Baselines and Cost Controls.--
            (1) Conditions for development.--
                    (A) In general.--NASA shall not enter into a 
                contract for the development phase of a major program 
                unless the Administrator determines that--
                            (i) the technical, cost, and schedule risks 
                        of the program are clearly identified and the 
                        program has developed a plan to manage those 
                        risks; and
                            (ii) the program complies with all relevant 
                        policies, regulations, and directives of NASA.
                    (B) Report.--The Administrator shall transmit a 
                report describing the basis for the determination 
                required under subparagraph (A) 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.
                    (C) Nondelegation.--The Administrator may not 
                delegate the determination requirement under this 
                paragraph.
            (2) Major program annual reports.--
                    (A) 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 subparagraph 
                shall be known as Major Program Annual Reports.
                    (B) Baseline report.--The first Major Program 
                Annual Report for each major program shall include a 
                Baseline Report that shall, at a minimum, include--
                            (i) the purposes of the program and key 
                        technical characteristics necessary to fulfill 
                        those purposes;
                            (ii) 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;
                            (iii) the schedule for the development, 
                        including key program milestones; and
                            (iv) the name of the person responsible for 
                        making notifications under paragraph (3), who 
                        shall be an individual whose primary 
                        responsibility is overseeing the program.
                    (C) 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.
            (3) Notification.--
                    (A) Requirement.--The individual identified under 
                paragraph (2)(B)(iv) 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--
                            (i) 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
                            (ii) 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.
                    (B) Reasons.--Not later than 7 days after the 
                notification required under subparagraph (A), the 
                individual identified under paragraph (2)(B)(iv) 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 subparagraph (A).
                    (C) Notification of congress.--Not later than 5 
                days after the Administrator receives a written 
                notification under subparagraph (B), 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.
            (4) Fifteen percent threshold.--Not later than 30 days 
        after receiving a written notification under paragraph (3)(B), 
        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--
                    (A) 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--
                            (i) a description of the increase in cost 
                        or delay in schedule and a detailed explanation 
                        for the increase or delay;
                            (ii) a description of actions taken or 
                        proposed to be taken in response to the cost 
                        increase or delay; and
                            (iii) a description of any impacts the cost 
                        increase or schedule delay will have on any 
                        other program within the Administration; and
                    (B) if the Administrator intends to continue with 
                the program, promptly initiate an analysis of the 
                program, which shall include, at a minimum--
                            (i) the projected cost and schedule for 
                        completing the program if current requirements 
                        of the program are not modified;
                            (ii) the projected cost and the schedule 
                        for completing the program after instituting 
                        the actions described under subparagraph 
                        (A)(ii); and
                            (iii) 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 
        subparagraph (B) not later than 6 months after the 
        Administrator makes a determination under this paragraph. 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.
            (5) Definitions.--For the purposes of this subsection--
                    (A) 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;
                    (B) 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;
                    (C) 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
                    (D) 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. 117. EVALUATION CRITERIA FOR BUDGET REQUEST.

    It is the sense of the Congress that each budget of the United 
States submitted to the Congress after the date of enactment of this 
Act should be evaluated for compliance with the findings and priorities 
established by this Act and the amendments made by this Act.

SEC. 118. OFFICIAL REPRESENTATIONAL FUND.

    Amounts appropriated pursuant to paragraphs (1) and (2) of section 
101 may be used, but not to exceed a total of $70,000, for official 
reception and representation expenses.

SEC. 119. SAFETY MANAGEMENT.

    Section 6 of the National Aeronautics and Space Administration 
Authorization Act, 1968 (42 U.S.C. 2477) is amended--
            (1) by inserting ``(a) In General.--'' before ``There is 
        hereby'';
            (2) by striking ``plans referred to it'' and inserting 
        ``plans referred to it, including evaluating the National 
        Aeronautics and Space Administration's compliance with the 
        return-to-flight and continue-to-fly recommendations of the 
        Columbia Accident Investigation Board,'';
            (3) by inserting ``and the Congress'' after ``advise the 
        Administrator'';
            (4) by striking ``and with respect to the adequacy of 
        proposed or existing safety standards and shall'' and inserting 
        ``, with respect to the adequacy of proposed or existing safety 
        standards, and with respect to management and culture. The 
        Panel shall also''; and
            (5) by adding at the end the following:
    ``(b) Annual Report.--The Panel shall submit an annual report to 
the Administrator and to the Congress. In the first annual report 
submitted after the date of enactment of the National Aeronautics and 
Space Administration Authorization Act of 2005, the Panel shall include 
an evaluation of NASA's safety management culture.
    ``(c) Sense of the Congress.--It is the sense of the Congress that 
the Administrator should--
            ``(1) ensure that NASA employees can raise safety concerns 
        without fear of reprisal;
            ``(2) continue to follow the recommendations of the 
        Columbia Accident Investigation Board for safely returning to 
        flight and continuing to fly the Space Shuttle; and
            ``(3) continue to inform the Congress from time to time of 
        NASA's progress in meeting those recommendations.''.

SEC. 120. LESSONS LEARNED AND BEST PRACTICES.

    (a) In General.--The Administrator shall provide an implementation 
plan describing NASA's approach for obtaining, implementing, and 
sharing lessons learned and best practices for its major programs and 
projects not later than 180 days after the date of enactment of this 
Act. The implementation plan shall be updated and maintained to ensure 
that it is current and consistent with the burgeoning culture of 
learning and safety that is emerging at NASA.
    (b) Required Content.--The implementation plan shall contain at a 
minimum the lessons learned and best practices requirements for NASA, 
the organizations or positions responsible for enforcement of the 
requirements, the reporting structure, and the objective performance 
measures indicating the effectiveness of the activity.
    (c) Incentives.--The Administrator shall provide incentives to 
encourage sharing and implementation of lessons learned and best 
practices by employees, projects, and programs, as well as penalties 
for programs and projects that are determined not to have demonstrated 
use of those resources.

                           TITLE II--SCIENCE

                     Subtitle A--General Provisions

SEC. 201. PRIORITIZATION OF SCIENCE PROJECTS AND ACTIVITIES.

    (a) In General.--The Administrator shall--
            (1) conduct a rich and vigorous set of science activities 
        aimed at better comprehension of the universe, solar system, 
        and Earth, as well as improving our understanding of the 
        fundamental physical and biological sciences;
            (2) ensure that the various areas within NASA's science 
        portfolio are developed and maintained in a balanced and 
        healthy manner; and
            (3) determine priorities for each discipline in the Science 
        account through consultation with the National Academies and 
        based on the results of studies performed by the National 
        Academies, which, at a minimum, shall set forth priorities 
        within each discipline for the subsequent decade.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Administrator shall transmit to the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee 
on Science of the House of Representatives a report detailing--
            (1) the findings and actions taken on NASA's assessment of 
        the balance within its science portfolio and any efforts to 
        adjust that balance among the major program areas; and
            (2) the priorities determined for each discipline.

SEC. 202. PERFORMANCE ASSESSMENTS.

    (a) In General.--Performance of each discipline in the Science 
account of NASA shall be reviewed and assessed by the National 
Academies at 5-year intervals.
    (b) Reports.--Not later than 1 year after the date of enactment of 
this Act, and every 5 years thereafter, the Administrator shall 
transmit a report to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Science of the House 
of Representatives--
            (1) setting forth in detail the results of the external 
        review under subsection (a);
            (2) setting forth in detail actions taken by NASA in 
        response to that external review; and
            (3) including a summary of findings and recommendations 
        from any other external reviews of NASA's science mission 
        priorities and programs.

SEC. 203. STATUS REPORT ON HUBBLE SPACE TELESCOPE SERVICING MISSION.

     It is the sense of the Congress that the Hubble Space Telescope is 
an extraordinary instrument that has provided, and should continue to 
provide, with answers to profound scientific questions. In accordance 
with the recommendations of the National Academy of Sciences, all 
appropriate efforts should be expended to complete the Space Shuttle 
servicing mission. Upon successful completion of the planned return-to-
flight schedule of the Space Shuttle, the schedule for a Space Shuttle 
servicing mission to the Hubble Space Telescope shall be determined, 
unless such a mission would compromise astronaut safety. Not later than 
60 days after the landing of the second Space Shuttle mission for 
return-to-flight certification, the Administrator shall transmit to the 
Committee on Commerce, Science, and Transportation of the Senate and 
the Committee on Science of the House of Representatives a status 
report on plans for a Hubble Space Telescope servicing mission.

SEC. 204. FUTURE OF THE DEEP SPACE NETWORK.

    (a) In General.--In view of the importance of the Deep Space 
Network to the successful conduct of interplanetary spacecraft 
missions, the Administrator shall ensure that the capabilities of the 
Deep Space Network are maintained and upgraded as appropriate.
    (b) Report.--Not later than 180 days after the date of enactment of 
this Act, the Administrator shall transmit a report to the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee 
on Science of the House of Representatives that contains the following:
            (1) Projected Deep Space Network requirements for the next 
        decade, including those in support of human space exploration 
        missions.
            (2) Upgrades needed to support the requirements identified 
        in subsection (a).
            (3) Cost estimates for the maintenance of existing Deep 
        Space Network capabilities.
            (4) Cost estimates and schedules for the upgrades described 
        in subsection (a).

SEC. 205. EARTH OBSERVING SYSTEM.

    (a) In General.--Not later than 6 months after the date of 
enactment of this Act, the Administrator, in consultation with the 
Administrator of the National Oceanic and Atmospheric Administration 
and the Director of the United States Geological Survey, shall submit a 
plan to the Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on Science of the House of Representatives to 
ensure the long-term vitality of the Earth observing system at NASA.
    (b) Plan Requirements.--The plan shall--
            (1) address such issues as--
                    (A) out-year budgetary projections;
                    (B) technical requirements for the system; and
                    (C) integration into the Global Earth Observing 
                System of Systems; and
            (2) evaluate--
                    (A) the need to proceed with any NASA missions that 
                have been delayed or canceled;
                    (B) plans for transferring needed capabilities from 
                some canceled or descoped missions to the National 
                Polar-Orbiting Environmental Satellite System;
                    (C) the technical base for exploratory Earth 
                observing systems, including new satellite 
                architectures and instruments that enable global 
                coverage, all-weather, day and night imaging of the 
                Earth's surface features;
                    (D) the need to strengthen research and analysis 
                programs; and
                    (E) the need to strengthen the approach to 
                obtaining important climate observations and data 
                records.
    (c) Earth Observing System Defined.--In this section, the term 
``Earth observing system'' means the series of satellites, a science 
component, and a data system for long-term global observations of the 
land surface, biosphere, solid Earth, atmosphere, and oceans.

SEC. 206. INDEPENDENT ASSESSMENT OF LANDSAT-NPOESS INTEGRATED MISSION.

    (a) Assessment.--In view of the importance of ensuring continuity 
of Landsat data and in view of the challenges facing the National 
Polar-Orbiting Environmental Satellite System program, the 
Administrator shall seek an independent assessment of the costs as well 
as the technical, cost, and schedule risks associated with 
incorporating the Landsat instrument on the first National Polar-
Orbiting Environmental Satellite System spacecraft versus undertaking a 
dedicated Landsat data ``gap-filler'' mission followed by the 
incorporation of the Landsat instrument on the second National Polar-
Orbiting Environmental Satellite System spacecraft. The assessment 
shall also include an evaluation of the budgetary requirements of each 
of the options under consideration.
    (b) Report.--The Administrator shall transmit the independent 
assessment to the Committee on Commerce, Science, and Technology of the 
Senate and the Committee on Science of the House of Representatives not 
later than 180 days after the date of enactment of this Act.

SEC. 207. ASSESSMENT OF SCIENCE MISSION EXTENSIONS.

    (a) Assessment.--The Administrator shall carry out annual 
termination reviews within each of the Science disciplines to assess 
the cost and benefits of extending the date of the termination of data 
collection for those missions which are beyond their primary goals. In 
addition:
            (1) Not later than 60 days after the date of enactment of 
        this Act, the Administrator shall carry out such an assessment 
        for the following missions: FAST, TIMED, Cluster, Wind, 
        Geotail, Polar, TRACE, Ulysses, and Voyager.
            (2) For those missions that have an operational component, 
        the National Oceanic and Atmospheric Administration shall be 
        consulted and the potential benefits of instruments on missions 
        which are beyond their primary goals taken into account.
    (b) Report.--Not later than 30 days after completing the 
assessments required by subsection (a)(1), the Administrator shall 
transmit a report on the assessment to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on Science 
of the House of Representatives.

SEC. 208. MICROGRAVITY RESEARCH.

    (a) In General.--The Administrator shall--
            (1) not later than 60 days after the date of enactment of 
        this Act, provide to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on Science of 
        the House of Representatives an assessment of microgravity 
        research, including biomedical and life science research, 
        planned for implementation aboard the ISS that includes the 
        identification of research which can be performed in ground-
        based facilities and then validated in space;
            (2) ensure the capacity to support ground-based research 
        leading to space-based basic and applied scientific research in 
        a variety of disciplines with potential direct national 
        benefits and applications that can advance significantly from 
        the uniqueness of microgravity and the space environment;
            (3) restore and protect potential basic, applied, and 
        commercial ISS research activities such as molecular crystal 
        growth, animal research, basic fluid physics, combustion 
        research, cellular biotechnology, low temperature physics, and 
        cellular research at a level which will sustain the existing 
        scientific expertise and research capabilities;
            (4) establish prioritization and research manifesting 
        processes by which ISS resources will be allocated to maintain 
        a balanced research portfolio wherein fundamental and 
        commercial research that do not directly support NASA's human 
        exploration program is afforded a minimum of 25 percent of ISS 
        research resources; and
            (5) not later than 1 year after the date of enactment of 
        this Act, develop a research plan that will demonstrate the 
        process by which NASA will evolve the ISS research portfolio in 
        a manner consistent with the planned growth and evolution of 
        ISS on-orbit capabilities and transportation capabilities to 
        and from the ISS.
    (b) Maintenance of on-Orbit Analytical Capabilities.--The 
Administrator shall ensure that on-orbit analytical capabilities to 
support diagnostic human research, as well as on-orbit characterization 
of molecular crystal growth, cellular research, and other research 
products and results are developed and maintained, as an alternative to 
Earth-based analysis requiring the capability of returning research 
products to Earth.
    (c) Assessment of Potential Scientific Uses.--The Administrator 
shall assess further potential scientific uses of the ISS for other 
applications, such as technology development, development of 
manufacturing processes, Earth observation and characterization, and 
astronomical observations.

                       Subtitle B--Remote Sensing

SEC. 211. DEFINITIONS.

    In this subtitle--
            (1) the term ``geospatial information'' means knowledge of 
        the nature and distribution of physical and cultural features 
        on the landscape based on analysis of data from airborne or 
        spaceborne platforms or other types and sources of data;
            (2) the term ``high resolution'' means resolution better 
        than five meters; and
            (3) the term ``institution of higher education'' has the 
        meaning given that term in section 101(a) of the Higher 
        Education Act of 1965 (20 U.S.C. 1001(a)).

SEC. 212. PILOT PROJECTS TO ENCOURAGE PUBLIC SECTOR APPLICATIONS.

    (a) In General.--The Administrator shall establish a program of 
grants for competitively awarded pilot projects to explore the 
integrated use of sources of remote sensing and other geospatial 
information to address State, local, regional, and tribal agency needs.
    (b) Preferred Projects.--In awarding grants under this section, the 
Administrator shall give preference to projects that--
            (1) make use of commercial data sets, including high 
        resolution commercial satellite imagery and derived satellite 
        data products, existing public data sets where commercial data 
        sets are not available or applicable, or the fusion of such 
        data sets;
            (2) integrate multiple sources of geospatial information, 
        such as geographic information system data, satellite-provided 
        positioning data, and remotely sensed data, in innovative ways;
            (3) include funds or in-kind contributions from non-Federal 
        sources;
            (4) involve the participation of commercial entities that 
        process raw or lightly processed data, often merging that data 
        with other geospatial information, to create data products that 
        have significant value added to the original data; and
            (5) taken together demonstrate as diverse a set of public 
        sector applications as possible.
    (c) Opportunities.--In carrying out this section, the Administrator 
shall seek opportunities to assist--
            (1) in the development of commercial applications 
        potentially available from the remote sensing industry; and
            (2) State, local, regional, and tribal agencies in applying 
        remote sensing and other geospatial information technologies 
        for growth management.
    (d) Duration.--Assistance for a pilot project under subsection (a) 
shall be provided for a period not to exceed 3 years.
    (e) Report.--Each recipient of a grant under subsection (a) shall 
transmit a report to the Administrator on the results of the pilot 
project within 180 days of the completion of that project.
    (f) Workshop.--Each recipient of a grant under subsection (a) 
shall, not later than 180 days after the completion of the pilot 
project, conduct at least one workshop for potential users to 
disseminate the lessons learned from the pilot project as widely as 
feasible.
    (g) Regulations.--The Administrator shall issue regulations 
establishing application, selection, and implementation procedures for 
pilot projects, and guidelines for reports and workshops required by 
this section.

SEC. 213. PROGRAM EVALUATION.

    (a) Advisory Committee.--The Administrator shall establish an 
advisory committee, consisting of individuals with appropriate 
expertise in State, local, regional, and tribal agencies, the 
university research community, and the remote sensing and other 
geospatial information industry, to monitor the program established 
under section 212. The advisory committee shall consult with the 
Federal Geographic Data Committee and other appropriate industry 
representatives and organizations. Notwithstanding section 14 of the 
Federal Advisory Committee Act, the advisory committee established 
under this subsection shall remain in effect until the termination of 
the program under section 212.
    (b) Effectiveness Evaluation.--Not later than December 31, 2009, 
the Administrator shall transmit to the Congress an evaluation of the 
effectiveness of the program established under section 212 in exploring 
and promoting the integrated use of sources of remote sensing and other 
geospatial information to address State, local, regional, and tribal 
agency needs. Such evaluation shall have been conducted by an 
independent entity.

SEC. 214. DATA AVAILABILITY.

    The Administrator shall ensure that the results of each of the 
pilot projects completed under section 212 shall be retrievable through 
an electronic, Internet-accessible database.

SEC. 215. EDUCATION.

    The Administrator shall establish an educational outreach program 
to increase awareness at institutions of higher education and State, 
local, regional, and tribal agencies of the potential applications of 
remote sensing and other geospatial information.

       Subtitle C--George E. Brown, Jr. Near-Earth Object Survey

SEC. 221. 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 NASA 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.

                         TITLE III--AERONAUTICS

SEC. 301. DEFINITION.

    For purposes of this title, the term ``institution of higher 
education'' has the meaning given that term by section 101 of the 
Higher Education Act of 1965 (20 U.S.C. 1001).

  Subtitle A--National Policy for Aeronautics Research and Development

SEC. 311. POLICY.

    It shall be the policy of the United States to reaffirm the 
National Aeronautics and Space Act of 1958 and its identification of 
aeronautical research and development as a core mission of NASA. 
Further, it shall be the policy of the United States to promote 
aeronautical research and development that will expand the capacity, 
ensure the safety, and increase the efficiency of the Nation's air 
transportation system, promote the security of the Nation, protect the 
environment, and retain the leadership of the United States in global 
aviation.

     Subtitle B--NASA Aeronautics Breakthrough Research Initiatives

SEC. 321. ENVIRONMENTAL AIRCRAFT RESEARCH AND DEVELOPMENT INITIATIVE.

    (a) Objective.--The Administrator shall establish an initiative 
with the objective of developing, and demonstrating in a relevant 
environment, within 10 years after the date of enactment of this Act, 
technologies to enable the following commercial aircraft performance 
characteristics:
            (1) Noise.--Noise levels on takeoff and on airport approach 
        and landing that do not exceed ambient noise levels in the 
        absence of flight operations in the vicinity of airports from 
        which such commercial aircraft would normally operate.
            (2) Energy consumption.--Twenty-five percent reduction in 
        the energy required for medium to long range flights, compared 
        to aircraft in commercial service as of the date of enactment 
        of this Act. This reduction may be achieved by a combination of 
        improvements to--
                    (A) specific fuel consumption;
                    (B) lift-to-drag ratio; and
                    (C) structural weight fraction.
            (3) Emissions.--Nitrogen oxides on take-off and landing 
        that are reduced by 50 percent relative to aircraft in 
        commercial service as of the date of enactment of this Act.
    (b) Implementation.--Not later than 270 days after the date of 
enactment of this Act, the Administrator shall provide to Congress a 
plan for the implementation of the initiative described in subsection 
(a). Such implementation plan shall include--
            (1) technological roadmaps for achieving each of the 
        performance characteristics specified in subsection (a);
            (2) an estimate of the 10-year funding profile required to 
        achieve the objective specified in subsection (a);
            (3) a plan for carrying out a formal quantification of the 
        estimated costs and benefits of each technological option 
        selected for development beyond the initial concept definition 
        phase; and
            (4) a plan for transferring the technologies to industry, 
        including the identification of requirements for technology 
        demonstrations, as appropriate.
    (c) Study.--
            (1) Requirement.--The Administrator shall enter into an 
        arrangement for the National Research Council to conduct a 
        study to identify and quantify new markets that would be 
        created, as well as existing markets that would be expanded, by 
        the incorporation of the technologies developed pursuant to 
        this section into future commercial aircraft. The study shall 
        identify whether any of the performance characteristics 
        specified in subsection (a) would need to be made more 
        stringent in order to create new markets or expand existing 
        markets. The National Research Council shall seek input from at 
        least the aircraft manufacturing industry, academia, and the 
        airlines in carrying out the study.
            (2) Report.--A report containing the results of the study 
        conducted under paragraph (1) shall be provided to Congress not 
        later than 18 months after the date of enactment of this Act.

SEC. 322. CIVIL SUPERSONIC TRANSPORT RESEARCH AND DEVELOPMENT 
              INITIATIVE.

    (a) Objective.--The Administrator shall establish an initiative 
with the objective of developing, and demonstrating in a relevant 
environment, within 20 years after the date of enactment of this Act, 
technologies to enable overland flight of supersonic civil transport 
aircraft with at least the following performance characteristics:
            (1) Mach number of at least 1.4.
            (2) Range of at least 4,000 nautical miles.
            (3) Payload of at least 24 passengers.
            (4) Noise levels on takeoff and on airport approach and 
        landing that meet community noise standards in place at 
        airports from which such commercial supersonic aircraft would 
        normally operate at the time the aircraft would enter 
        commercial service.
            (5) Shaped sonic boom signatures sufficiently low to permit 
        overland flight over populated areas.
            (6) Nitrogen oxide, carbon dioxide, and water vapor 
        emissions consistent with regulations likely to be in effect at 
        the time of this aircraft's introduction.
    (b) Implementation.--Not later than 270 days after the date of 
enactment of this Act, the Administrator shall provide to Congress a 
plan for the implementation of the initiative described in subsection 
(a). Such implementation plan shall include--
            (1) technological roadmaps for achieving each of the 
        performance characteristics specified in subsection (a);
            (2) an estimate of the 10-year funding profile required to 
        achieve the objective specified in subsection (a);
            (3) a plan for carrying out a formal quantification of the 
        estimated costs and benefits of each technological option 
        selected for development beyond the initial concept definition 
        phase;
            (4) a plan for transferring the technologies to industry, 
        including the identification of requirements for technology 
        demonstrations, as appropriate;
            (5) a plan for research to quantify, within 3 years after 
        the date of enactment of this Act, the limits on sonic boom 
        parameters, such as overpressure and rise time, that would be 
        acceptable to the general public; and
            (6) a plan for adjusting the noise reduction re-search and 
        development activities as needed to accommodate changes in 
        community noise standards that may occur over the lifetime of 
        the initiative.

SEC. 323. ROTORCRAFT AND OTHER RUNWAY-INDEPENDENT AIR VEHICLES RESEARCH 
              AND DEVELOPMENT INITIATIVE.

    (a) Objective.--The Administrator shall establish a rotorcraft and 
other runway-independent air vehicles initiative with the objective of 
developing and demonstrating in a relevant environment, within 10 years 
after the date of enactment of this Act, technologies to enable 
significantly safer, quieter, and more environmentally compatible 
operation from a wider range of airports under a wider range of weather 
conditions than is the case for rotorcraft and other runway-independent 
air vehicles in service as of the date of enactment of this Act.
    (b) Implementation.--Not later than 270 days after the date of 
enactment of this Act, the Administrator shall provide a plan to the 
Congress for the implementation of the initiative described in 
subsection (a). The implementation plan shall include--
            (1) a set of performance characteristics, developed in 
        consultation with the National Research Council, that shall 
        quantify the objectives specified in subsection (a);
            (2) technological roadmaps for achieving each of the 
        performance characteristics developed under paragraph (1);
            (3) an estimate of the 10-year funding profile required to 
        achieve the objective specified in subsection (a);
            (4) a plan for carrying out a formal quantification of the 
        estimated costs and benefits of each technological option 
        selected for development beyond the initial concept definition 
        phase; and
            (5) a plan for transferring the technologies to industry, 
        including the identification of requirements for technology 
        demonstrations, as appropriate.

SEC. 324. REVIEW.

    The Administrator shall enter into an arrangement with the National 
Research Council for the review, within 18 months after the date of 
enactment of this Act, of the adequacy of the implementation plans 
provided under sections 321(b), 322(b), and 323(b) to achieve the 
objectives described in sections 321(a), 322(a), and 323(a). In 
addition, the Administrator shall enter into an arrangement with the 
National Research Council for the review, every 3 years subsequent to 
the initial review under this section, of NASA's progress in achieving 
the objectives described in sections 321(a), 322(a), and 323(a), 
including recommendations for changes to NASA's research and 
development program as needed, as well as recommendations for changes 
to the desired performance characteristics as needed. The results of 
each review shall be provided to Congress within 30 days after 
completion of the review.

 Subtitle C--Other NASA Aeronautics Research and Development Activities

SEC. 331. FUNDAMENTAL RESEARCH AND TECHNOLOGY BASE PROGRAM.

    (a) Objective.--In order to ensure that the Nation maintains needed 
capabilities in fundamental areas of aeronautical research, the 
Administrator shall establish a program of long-term fundamental 
research in aeronautical sciences and technologies that is not tied to 
specific development projects.
    (b) Assessment.--The Administrator shall enter into an arrangement 
with the National Research Council for an assessment of the Nation's 
future requirements for fundamental aeronautics research and whether 
the Nation will have a skilled research workforce and research 
facilities commensurate with those requirements. The assessment shall 
include an identification of any projected gaps, and recommendations 
for what steps should be taken by the Federal Government to eliminate 
those gaps.
    (c) Report.--The Administrator shall transmit the assessment, along 
with NASA's response to the assessment, to Congress not later than 2 
years after the date of enactment of this Act.

SEC. 332. AIRSPACE SYSTEMS RESEARCH.

    (a) Objective.--The Airspace Systems Research program shall pursue 
research and development to enable revolutionary improvements to and 
modernization of the National Airspace System, as well as to enable the 
introduction of new systems for vehicles that can take advantage of an 
improved, modern air transportation system.
    (b) Alignment.--Not later than 2 years after the date of enactment 
of this Act, the Administrator shall align the projects of the Airspace 
Systems Research program so that they directly support the objectives 
of the Joint Planning and Development Office's Next Generation Air 
Transportation System Integrated Plan.

SEC. 333. AVIATION SAFETY AND SECURITY RESEARCH.

    (a) Objective.--The Aviation Safety and Security Research program 
shall pursue research and development activities that directly address 
the safety and security needs of the National Airspace System and the 
aircraft that fly in it. The program shall develop prevention, 
intervention, and mitigation technologies aimed at causal, 
contributory, or circumstantial factors of aviation accidents.
    (b) Plan.--Not later than 1 year after the date of enactment of 
this Act, the Administrator shall transmit to Congress a 5-year 
prioritized plan for the research to be conducted within the Aviation 
Safety and Security Research program. The plan shall be aligned with 
the objectives of the Joint Planning and Development Office's Next 
Generation Air Transportation System Integrated Plan.

SEC. 334. ZERO-EMISSIONS AIRCRAFT RESEARCH.

    (a) Objective.--The Administrator shall establish a zero-emissions 
aircraft research program whose objective shall be to develop and test 
concepts to enable a hydrogen fuel cell-powered aircraft that would 
have no hydrocarbon or nitrogen oxide emissions into the environment.
    (b) Approach.--The Administrator shall establish a program of 
competitively awarded grants available to teams of researchers that may 
include the participation of individuals from universities, industry, 
and government for the conduct of this research.

SEC. 335. MARS AIRCRAFT RESEARCH.

    (a) Objective.--The Administrator shall establish a Mars Aircraft 
project whose objective shall be to develop and test concepts for an 
uncrewed aircraft that could operate for sustained periods in the 
atmosphere of Mars.
    (b) Approach.--The Administrator shall establish a program of 
competitively awarded grants available to teams of researchers that may 
include the participation of individuals from universities, industry, 
and government for the conduct of this research.

SEC. 336. HYPERSONICS RESEARCH.

    (a) Objective.--The Administrator shall establish a hypersonics 
research program whose objective shall be to explore the science and 
technology of hypersonic flight using air-breathing propulsion 
concepts, through a mix of theoretical work, basic and applied 
research, and development of flight research demonstration vehicles.
    (b) Plan.--Not later than 1 year after the date of enactment of 
this Act, the Administrator shall develop a 10-year hypersonics 
research plan and shall have that plan reviewed by the National 
Research Council. The results of that review shall be provided to 
Congress.

SEC. 337. NASA AERONAUTICS SCHOLARSHIPS.

    (a) Establishment.--The Administrator shall establish a program of 
scholarships for full-time graduate students who are United States 
citizens and are enrolled in, or have been accepted by and have 
indicated their intention to enroll in, accredited Masters degree 
programs in aeronautical engineering at institutions of higher 
education. Each such scholarship shall cover the costs of room, board, 
tuition, and fees, and may be provided for a maximum of 2 years.
    (b) Implementation.--Not later than 180 days after the date of 
enactment of this Act, the Administrator shall publish regulations 
governing the scholarship program under this section.
    (c) Cooperative Training Opportunities.--Students who have been 
awarded a scholarship under this section shall have the opportunity for 
paid employment at one of the NASA Centers engaged in aeronautics 
research and development during the summer prior to the first year of 
the student's Masters program, and between the first and second year, 
if applicable.

SEC. 338. AVIATION WEATHER RESEARCH.

    The Administrator shall carry out a program of collaborative 
research with the National Oceanic and Atmospheric Administration on 
convective weather events, with the goal of significantly improving the 
reliability of 2-hour to 6-hour aviation weather forecasts.

SEC. 339. ASSESSMENT OF WAKE TURBULENCE RESEARCH AND DEVELOPMENT 
              PROGRAM.

    (a) Assessment.--The Administrator shall enter into an arrangement 
with the National Research Council for an assessment of Federal wake 
turbulence research and development programs. The assessment shall 
address at least the following questions:
            (1) Are the Federal research and development goals and 
        objectives well defined?
            (2) Are there any deficiencies in the Federal research and 
        development goals and objectives?
            (3) What roles should be played by each of the relevant 
        Federal agencies, such as NASA, the Federal Aviation 
        Administration, and the National Oceanic and Atmospheric 
        Administration, in wake turbulence research and development?
    (b) Report.--A report containing the results of the assessment 
conducted pursuant to subsection (a) shall be provided to Congress not 
later than 1 year after the date of enactment of this Act.

SEC. 340. UNIVERSITY-BASED CENTERS FOR RESEARCH ON AVIATION TRAINING.

    (a) In General.--The Administrator 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.

                      TITLE IV--HUMAN SPACE FLIGHT

SEC. 401. INTERNATIONAL SPACE STATION COMPLETION.

    (a) Elements, Capabilities, and Configuration Criteria.--The 
Administrator shall ensure that the ISS will be able to--
            (1) fulfill international partner agreements and provide a 
        diverse range of research capacity, including a high rate of 
        human biomedical research protocols, countermeasures for the 
        effects of microgravity, applied biotechnologies, technology 
        and exploration research, commercial research, fundamental 
        research, and other priority areas;
            (2) have a life sciences centrifuge and associated holding 
        facilities;
            (3) have an ability to support crew size of at least 6 
        persons;
            (4) support crew exploration vehicle docking and automated 
        docking of cargo vehicles or modules launched by either heavy-
        lift or commercially-developed launch vehicles; and
            (5) be operated at an appropriate risk level.
    (b) Contingency Plan.--The transportation plan to support ISS shall 
include contingency options to ensure sufficient logistics and on-orbit 
capabilities to support any potential period during which the Space 
Shuttle or its follow-on crew and cargo systems is unavailable, and 
provide sufficient prepositioning of spares and other supplies needed 
to accommodate any such hiatus.
    (c) Certification.--Not later than 60 days after the date of 
enactment of this Act, and before making any change in the ISS assembly 
sequence in effect on the date of enactment of this Act, the 
Administrator shall certify in writing to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on Science 
of the House of Representatives NASA's plan to meet the requirements of 
subsections (a) and (b).

SEC. 402. USE OF THE INTERNATIONAL SPACE STATION AND ANNUAL REPORT.

    (a) Policy.--It is the policy of the United States--
            (1) to ensure diverse and growing utilization of benefits 
        from the ISS; and
            (2) to increase commercial utilization and operations in 
        low-Earth orbit and beyond that are supported by national and 
        commercial space transportation capabilities.
    (b) Use of International Space Station.--The Administrator shall 
conduct broadly focused scientific and exploration research and 
development activities using the ISS in a manner consistent with the 
provisions of this title, and advance the Nation's exploration of the 
Moon and beyond, using the ISS as a test-bed and outpost for 
operations, engineering, and scientific research.
    (c) Reports.--Not later than March 31 of each year the 
Administrator shall transmit a report to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on Science 
of the House of Representatives on the use of the ISS as provided in 
subsection (b), with implementation milestones and associated results.

SEC. 403. INTERNATIONAL SPACE STATION COST CAP.

    Section 202 of the National Aeronautics and Space Administration 
Authorization Act of 2000 (42 U.S.C. 2451 note) is repealed.

SEC. 404. SPACE SHUTTLE TRANSITION.

    (a) In General.--The Administrator is strongly encouraged to pursue 
the goal of retiring the Space Shuttle in 2010 and initiating flight 
operations of the Crew Exploration Vehicle. However, in view of the 
detrimental effects of a gap in human access to space by the United 
States, the Administrator may not retire all of the Space Shuttle 
orbiters until a replacement human-rated spacecraft system that can 
take humans into Earth orbit and return them safely has entered 
operational service, unless the Administrator determines that the Space 
Shuttle is unsafe for continued flight operations.
    (b) Report.--The Administrator shall transmit a report to the 
Committee on Commerce, Science, and Transportation of the Senate and 
the Committee on Science of the House of Representatives containing a 
detailed and comprehensive Space Shuttle transition plan that includes 
any necessary recertification, including requirements, assumptions, and 
milestones, in order to utilize the Space Shuttle orbiter beyond 
calendar year 2010.
    (c) Contract Terminations; Vendor Replacements.--The Administrator 
may not terminate any contracts nor replace any vendors associated with 
the Space Shuttle until 120 days after the Administrator has 
transmitted the report required by subsection (b).

SEC. 405. HUMAN EXPLORATION PRIORITIES.

    (a) In General.--In view of the limited resources likely to be 
available for human exploration over the remainder of the decade, the 
Administrator shall--
            (1) construct an architecture and implementation plan for 
        NASA's human exploration program that is not critically 
        dependent on the achievement of milestones by fixed dates; and
            (2) determine the relative priority of each of the 
        potential elements of NASA's implementation plan for its human 
        exploration program in case funding shortfalls or cost growth 
        necessitate the adjustment of NASA's implementation plan.
    (b) Priorities.--Development of a Crew Exploration Vehicle with a 
robust crew escape system, development of a launch system for the Crew 
Exploration Vehicle, and definition of an overall architecture and 
prioritized implementation plan shall be the highest priorities of the 
human exploration program over the period governed by this Act.
    (c) Report.--Not later than 180 days after the date of enactment of 
this Act, the Administrator shall transmit to the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee 
on Science of the House of Representatives--
            (1) an exploration architecture and prioritized 
        implementation plan and schedule for NASA's human exploration 
        program;
            (2) the requirements, cost estimates, and schedules for the 
        Crew Exploration Vehicle and its associated launch vehicle; and
            (3) cost estimates for each of the elements of the 
        prioritized implementation plan and sensitivity analyses of the 
        cost impacts of schedule adjustments.

SEC. 406. DEVELOPMENT OF EXPANDED PERMANENT HUMAN PRESENCE BEYOND LOW-
              EARTH ORBIT.

    (a) In General.--As part of the programs authorized under the 
National Aeronautics and Space Act of 1958 (42 U.S.C. 2451 et seq.), 
the Administrator shall establish a program with the goal of developing 
a permanently sustained human presence on the Moon, in tandem with an 
extensive precursor program, to support scientific pursuits, and as a 
stepping-stone to future exploration of Mars. The Administrator is 
further authorized to develop and conduct commercial and international 
collaborations in pursuit of these goals, as appropriate.
    (b) Requirements.--In carrying out this section, the Administrator 
shall--
            (1) implement an effective exploration technology program 
        that is focused around the key needs to support lunar human and 
        robotic operations, including--
                    (A) not later than 180 days after the date of 
                enactment of this Act, providing to the Committee on 
                Science of the House of Representatives and the 
                Committee on Commerce, Science, and Transportation of 
                the Senate an Exploration Critical Technologies List 
                that will include those technology areas identified to 
                require significant advancements in order for NASA to 
                achieve the Exploration Vision as articulated by the 
                President and contained in NASA's Strategic Plan for 
                Lunar and Mars exploration; and
                    (B) to ensure that the capabilities inherent within 
                the United States research universities and United 
                States nonaerospace industries are actively sought and 
                stimulated in support of exploration, not later than 
                180 days after the date of enactment of this Act, 
                submitting to the Committee on Science of the House of 
                Representatives and the Committee on Commerce, Science, 
                and Transportation of the Senate a plan for 
                establishing a program of university led university and 
                industry partnerships in each of the areas identified 
                in the Exploration Critical Technologies List provided 
                under subparagraph (A);
            (2) as part of NASA's annual budget submission, submit to 
        the Congress the detailed mission, schedule, and budget for key 
        lunar mission-enabling technology areas, including areas for 
        possible innovative governmental and commercial activities and 
        partnerships;
            (3) as part of NASA's annual budget submission, submit to 
        the Congress a plan for NASA's lunar robotic precursor and 
        technology programs, including current and planned technology 
        investments and scientific research that support the lunar 
        program; and
            (4) conduct an intensive in-situ resource utilization 
        technology program in order to develop the capability to use 
        space resources to increase independence from Earth, and 
        sustain exploration beyond low-Earth orbit.

SEC. 407. GROUND-BASED EXPLORATION ANALOG CAPABILITIES.

    (a) In General.--The Administrator shall evaluate the costs and 
benefits of establishing ground-based analog capabilities in United 
States locations and elsewhere in the world in order to assist in the 
development of technologies and operational techniques for lunar 
operations, life support, and in-situ resource utilization experience 
and capabilities.
    (b) Locations.--If the Administrator determines that the 
establishment of ground-based analog capabilities will help advance the 
United States human exploration program, the Administrator shall 
determine which locations would offer the most promise for the 
establishment of such ground-based exploration analogs.
    (c) Involvement of Local Populations; Private Sector Partners.--In 
carrying out this section, the Administrator shall involve local 
populations, academia, and industrial partners as much as possible to 
ensure that ground-based benefits and applications are encouraged and 
developed.

SEC. 408. GAO ASSESSMENT OF FEASIBILITY OF MOON AND MARS EXPLORATION 
              MISSIONS.

    Not later than 9 months after the date of enactment of this Act, 
the Comptroller General shall transmit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on Science 
of the House of Representatives an assessment of the feasibility of 
NASA's planning for exploration of the Moon and Mars, giving special 
consideration to the long-term cost implications of program 
architecture and schedules.

SEC. 409. UNITED STATES HUMAN-RATED LAUNCH CAPACITY ASSESSMENT.

    Notwithstanding any other provision of law, the Administrator 
shall, not later than 60 days after the date of enactment of this Act, 
provide to the Committee on Commerce, Science, and Transportation of 
the Senate and the Committee on Science of the House of 
Representatives, a full description of the transportation requirements 
and systems needed to support human lunar missions, as well as for the 
ISS, including--
            (1) a retention plan of skilled personnel from the legacy 
        Shuttle program which will sustain the level of safety for that 
        program through the final flight and a transition plan that 
        will ensure that any NASA programs can utilize the human 
        capital resources of the Shuttle program, to the maximum extent 
        practicable;
            (2) the implications for and impact on the Nation's 
        aerospace industrial base;
            (3) the manner in which the proposed vehicles contribute to 
        a national mixed fleet launch and flight capacity;
            (4) support for ISS crew transportation, ISS utilization, 
        and lunar exploration architecture;
            (5) for any human rated vehicle, a crew escape system, as 
        well as substantial protection against orbital debris strikes 
        that offers a high level of safety;
            (6) development risk areas;
            (7) the schedule and cost;
            (8) the relationship between crew and cargo capabilities; 
        and
            (9) the potential risk reduction from the use of qualified 
        hardware.

                      TITLE V--OTHER PROGRAM AREAS

                  Subtitle A--Space and Flight Support

SEC. 501. SPACE COMMUNICATIONS STUDY.

    (a) Study.--The Administrator shall develop a plan for updating 
NASA's space communications architecture for both low-Earth orbital 
operations and deep space exploration so that it is capable of meeting 
NASA's needs over the next 20 years. The plan shall also include life-
cycle cost estimates, milestones, estimated performance capabilities, 
and 5-year funding profiles. The plan shall also incorporate all 
appropriate findings of the Deep Space Network report required under 
section 204 of this Act. The plan shall also include an estimate of the 
amounts of any reimbursements NASA is likely to receive from other 
Federal agencies during the expected life of the upgrades described in 
the plan.
    (b) Consultations.--The Administrator shall consult with other 
relevant Federal agencies in developing the plan under this section.
    (c) Report.--The Administrator shall transmit the plan under this 
section to the Committee on Commerce, Science, and Transportation of 
the Senate and the Committee on Science of the House of Representatives 
not later than February 17, 2007.

SEC. 502. ORBITAL DEBRIS.

    The Administrator, in conjunction with the heads of other Federal 
agencies, shall take steps to develop or acquire technologies that will 
enable NASA to decrease the risks associated with orbital debris.

SEC. 503. SECONDARY PAYLOAD CAPABILITY.

    In order to help develop a cadre of experienced engineers and to 
provide more routine and affordable access to space, the Administrator 
shall provide the capabilities to support secondary payloads on United 
States launch vehicles, including free flyers, for satellites or 
scientific payloads weighing less than 500 kilograms.

SEC. 504. NASA HEALTHCARE PROGRAM.

     The Administrator shall develop policies, procedures, and plans 
necessary for--
            (1) the establishment of a lifetime healthcare program for 
        NASA astronauts; and
            (2) the study and analysis of the healthcare data obtained 
        in order to better understand the long-term health effects of 
        space flight on humans.

                         Subtitle B--Education

SEC. 511. INSTITUTIONS IN NASA'S MINORITY INSTITUTIONS PROGRAM.

    The matter appearing under the heading ``national aeronautics and 
space administration--small and disadvantaged business'' in title III 
of the Departments of Veterans Affairs and Housing and Urban 
Development, and Independent Agencies Appropriations Act, 1990 (42 
U.S.C. 2473b; 103 Stat. 863) is amended by striking ``Historically 
Black Colleges and Universities and'' and inserting ``Historically 
Black Colleges and Universities that are part B institutions (as 
defined in section 322(2) of the Higher Education Act of 1965 (20 
U.S.C. 1061(2))), Hispanic-serving institutions (as defined in section 
502(a)(5) of that Act (20 U.S.C. 1101a(a)(5))), Tribal Colleges or 
Universities (as defined in section 316(b)(3) of that Act (20 U.S.C. 
1059c(b)(3))), Alaskan Native-serving institutions (as defined in 
section 317(b)(2) of that Act (20 U.S.C. 1059d)(b)(2))), Native 
Hawaiian-serving institutions (as defined in section 317(b)(4) of that 
Act (20 U.S.C. 1059d(b)(4))), and''.

SEC. 512. PROGRAM TO EXPAND DISTANCE LEARNING IN RURAL UNDERSERVED 
              AREAS.

    (a) In General.--The Administrator shall develop or expand programs 
to extend science and space educational outreach to rural communities 
and schools through video conferencing, interpretive exhibits, teacher 
education, classroom presentations, and student field trips.
    (b) Priorities.--In carrying out subsection (a), the Administrator 
shall give priority to existing programs, including Challenger Learning 
Centers--
            (1) that utilize community-based partnerships in the field;
            (2) that build and maintain video conference and exhibit 
        capacity;
            (3) that travel directly to rural communities and serve 
        low-income populations; and
            (4) with a special emphasis on increasing the number of 
        women and minorities in the science and engineering 
        professions.

SEC. 513. 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. 514. REVIEW OF EDUCATION PROGRAMS.

    (a) In General.--The Administrator shall enter into an arrangement 
with the National Research Council of the National Academy of Sciences 
to conduct a review and evaluation of NASA's science, technology, 
engineering, and mathematics education program. The review and 
evaluation shall be documented in a report to the Administrator and 
shall include such recommendations as the National Research Council 
determines will improve the effectiveness of the program.
    (b) Review.--The review and evaluation under subsection (a) shall 
include--
            (1) an evaluation of the effectiveness of the overall 
        program in meeting its defined goals and objectives;
            (2) an assessment of the quality and educational 
        effectiveness of the major components of the program, including 
        an evaluation of the adequacy of assessment metrics and data 
        collection requirements available for determining the 
        effectiveness of individual projects;
            (3) an evaluation of the funding priorities in the program, 
        including a review of the funding level and funding trend for 
        each major component of the program and an assessment of 
        whether the resources made available are consistent with 
        meeting identified goals and priorities; and
            (4) a determination of the extent and the effectiveness of 
        coordination and collaboration between NASA and other Federal 
        agencies that sponsor science, technology, engineering, and 
        mathematics education activities.
    (c) Report to Congress.--Not later than 18 months after the date of 
enactment of this Act, the Administrator shall transmit to the 
Committee on Commerce, Science, and Transportation of the Senate and 
the Committee on Science of the House of Representatives the report 
required under subsection (a).

SEC. 515. EQUAL ACCESS TO NASA'S EDUCATION PROGRAMS.

    The Administrator shall strive to ensure equal access for minority 
and economically disadvantaged students to NASA's Education programs. 
Not later than 1 year after the date of enactment of this Act, and 
every 2 years thereafter, the Administrator shall submit a report to 
the Committee on Commerce, Science, and Transportation of the Senate 
and the Committee on Science of the House of Representatives describing 
the efforts by the Administrator to ensure equal access for minority 
and economically disadvantaged students under this section, and the 
results of such efforts.

                      TITLE VI--COMMERCIALIZATION

SEC. 601. COMPETITIVE PRIZE PROGRAM TO ENCOURAGE DEVELOPMENT OF 
              ADVANCED SPACE AND AERONAUTICAL TECHNOLOGIES.

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

``SEC. 314. COMPETITIVE AWARD OF PRIZES TO ENCOURAGE DEVELOPMENT OF 
              ADVANCED SPACE AND AERONAUTICAL TECHNOLOGIES.

    ``(a) Program Authorized.--
            ``(1) In general.--The Administrator may carry out a 
        program to award 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.
            ``(2) Use of prize authority.--In carrying out the program, 
        the Administrator shall seek to develop and support 
        technologies and areas that the Administrator determines to be 
        providing impetus to the Administration's overall exploration 
        and science architecture and plans and, where practicable, 
        utilize the prize winner's technologies in fulfilling the 
        Administration's missions.
    ``(b) Program Requirements.--
            ``(1) Competitive process.--Recipients of prizes under the 
        program under this section shall be selected through one or 
        more competitions conducted by the Administrator.
            ``(2) Advertising.--The Administrator shall widely 
        advertise any competitions conducted under the program and 
        shall include advertising to research universities.
    ``(c) Registration; Assumption of Risk.--
            ``(1) Registration.--Each potential recipient of a prize in 
        a competition under the program under this section shall 
        register for the competition.
            ``(2) Assumption of risk.--In registering for a competition 
        under paragraph (1), a potential recipient of a prize shall 
        assume any and all risks, and waive claims against the United 
        States Government and its related entities, for any injury, 
        death, damage, or loss of property, revenue, or profits, 
        whether direct, indirect, or consequential, arising from 
        participation in the competition, whether such injury, death, 
        damage, or loss arises through negligence or otherwise, except 
        in the case of willful misconduct.
            ``(3) Related entity defined.--In this subsection, the term 
        `related entity' means a contractor or subcontractor at any 
        tier, a supplier, user, customer, cooperating party, grantee, 
        investigator, or detailee.
            ``(4) Intellectual property.--As a condition for the 
        awarding of the prize by the Administrator, the recipient of 
        the prize shall award a nonexclusive, nontransferable, paid-up 
        license from the prize recipient to NASA to practice the 
        invention or have the invention practiced throughout out the 
        world by or on behalf of the Government. In the exercise of 
        such license, the Government shall not publicly disclose trade 
        secrets or commercial or financial information that is 
        privileged or confidential within the meaning of section 552 
        (b)(4) of title 5, United States Code.
    ``(d) Limitations.--
            ``(1) Total amount.--The total amount of cash prizes 
        available for award in competitions under the program under 
        this section in any fiscal year may not exceed $50,000,000. 
        Funds for a given prize program shall be taken from the 
        specific budgetary account specified in section 101, 102, or 
        103 that is intended to benefit from the successful conclusion 
        of the competition.
            ``(2) Approval required for large prizes.--No competition 
        under the program may result in the award of more than 
        $1,000,000 in cash prizes without the approval of the 
        Administrator or a designee of the Administrator.
    ``(e) Relationship to Other Authority.--The Administrator may 
utilize the authority in this section in conjunction with or in 
addition to the utilization of any other authority of the Administrator 
to acquire, support, or stimulate basic and applied research, 
technology development, or prototype demonstration projects.
    ``(f) Availability of Funds.--Funds appropriated for the program 
authorized by this section shall remain available until expended.''.

SEC. 602. COMMERCIAL SUPPORT OF INTERNATIONAL SPACE STATION OPERATIONS 
              AND UTILIZATION.

    The Administrator shall purchase commercial services for support of 
the ISS for cargo and other needs, and for enhancement of the 
capabilities of the ISS, to the maximum extent possible, in accordance 
with Federal procurement law.

SEC. 603. COMMERCIALIZATION PLAN.

    (a) In General.--The Administrator, in consultation with the 
Associate Administrator for Space Transportation of the Federal 
Aviation Administration, the Director of the Office of Space 
Commercialization of the Department of Commerce, and any other relevant 
agencies, shall develop a commercialization plan to support the human 
missions to the Moon and Mars, to support Low-Earth Orbit activities 
and Earth science missions and applications, and to transfer science 
research and technology to society. The plan shall identify 
opportunities for the private sector to participate in the future 
missions and activities, including opportunities for partnership 
between NASA and the private sector in conducting research and the 
development of technologies and services. The plan shall include 
provisions for developing and funding sustained university and industry 
partnerships to conduct commercial research and technology development, 
to proactively translate results of space research to Earth benefits, 
to advance United States economic interests, and to support the vision 
for exploration.
    (b) Report.--Not later than 180 days after the date of enactment of 
this Act, the Administrator shall submit a copy of the plan to the 
Committee on Commerce, Science, and Transportation of the Senate and 
the Committee on Science of the House of Representatives.

SEC. 604. COMMERCIAL GOODS AND SERVICES.

    It is the sense of the Congress that NASA should purchase 
commercially available space goods and services to the fullest extent 
feasible in support of the human missions beyond Earth and should 
encourage commercial use and development of space to the greatest 
extent practicable.

                  TITLE VII--WORKFORCE AND FACILITIES

SEC. 701. WORKFORCE STRATEGY.

    (a) In General.--The Administrator shall develop a human capital 
strategy to ensure that NASA has a workforce of the appropriate size 
and with the appropriate skills to carry out the programs of NASA, 
consistent with the policies and plans developed pursuant to this Act. 
The strategy shall cover the period through fiscal year 2011.
    (b) Content.--The strategy shall describe, at a minimum--
            (1) any categories of employees NASA intends to reduce, the 
        expected size and timing of those reductions, the methods NASA 
        intends to use to make the reductions, and the reasons NASA no 
        longer needs those employees;
            (2) any categories of employees NASA intends to increase, 
        the expected size and timing of those increases, the methods 
        NASA intends to use to recruit the additional employees, and 
        the reasons NASA needs those employees;
            (3) the steps NASA will use to retain needed employees; and
            (4) the budget assumptions of the strategy, and any 
        expected additional costs or savings from the strategy by 
        fiscal year.
    (c) Schedule.--The Administrator shall transmit the strategy 
developed under this section 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 strategy should emphasize 
voluntary methods for achieving workforce goals. At least 60 days 
before transmitting the strategy, NASA shall provide a draft of this 
strategy to its Federal Employee Unions for a 30-day consultation 
period after which NASA shall respond in writing to any written 
concerns provided by these Unions.
    (d) Limitation.--To allow time for voluntary methods to achieve 
human capital goals, NASA may not initiate any Reduction in Force or 
involuntary separations, with the exception of involuntary separations 
of management or supervisory personnel or for legitimate disciplinary 
reasons, until October 1, 2006.

SEC. 702. FACILITIES PLAN.

    (a) In General.--The Administrator shall develop a plan for 
managing NASA's facilities through fiscal year 2015. The plan shall be 
consistent with the policies and plans developed pursuant to this Act.
    (b) Content.--At a minimum, the plan shall describe--
            (1) any new facilities NASA intends to acquire, whether 
        through construction, purchase, or lease, and the expected 
        dates for doing so;
            (2) any facilities NASA intends to significantly modify, 
        and the expected dates for doing so;
            (3) any facilities NASA intends to close, and the expected 
        dates for doing so;
            (4) any transaction NASA intends to conduct to sell, lease, 
        or otherwise transfer the ownership of a facility, and the 
        expected dates for doing so;
            (5) how each of the actions described in paragraphs (1), 
        (2), (3), and (4) will enhance the ability of NASA to carry out 
        its programs;
            (6) the expected costs or savings expected from each of the 
        actions described in paragraphs (1), (2), (3), and (4);
            (7) the priority order of the actions described in 
        paragraphs (1), (2), (3), and (4);
            (8) the budget assumptions of the plan; and
            (9) how facilities were evaluated in developing the plan.
    (c) Schedule.--The Administrator shall transmit the plan developed 
under this section 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.

SEC. 703. NASA TEST FACILITIES POLICY.

    The Administrator shall establish a policy of charging users of 
NASA's test facilities for the costs associated with their tests, but 
shall not seek to recover the full costs of the operation of those 
facilities from the users. The Administrator shall establish a core 
funding account that shall be used to maintain the operation and 
viability of NASA's test facilities during periods of low utilization. 
The Administrator shall not close or mothball any aeronautical test 
facilities identified in the 2003 independent assessment by the RAND 
Corporation, entitled ``Wind Tunnel and Propulsion Test Facilities: An 
Assessment of NASA's Capabilities to Serve National Needs'' as being 
part of the minimum set of those facilities necessary to retain and 
manage to serve national needs, as well as any other NASA test 
facilities that were in use as of January 1, 2004, until such time as 
the Office of Science and Technology Policy has commissioned and 
received the results of an independent review of the Nation's long term 
strategic needs for test facilities and transmitted the results of that 
review to Congress.

SEC. 704. STUDY ON THE FEASIBILITY OF USE OF GROUND SOURCE HEAT PUMPS.

    (a) In General.--The Administrator shall conduct a feasibility 
study on the use of ground source heat pumps in future NASA facilities 
or substantial renovation of existing NASA facilities involving the 
installation of heating, ventilating, and air conditioning systems.
    (b) Contents.--The study shall examine--
            (1) the life-cycle costs, including maintenance costs, of 
        the operation of such heat pumps compared to generally 
        available heating, cooling, and water heating equipment;
            (2) barriers to installation, such as availability and 
        suitability of terrain; and
            (3) such other issues as the Administrator considers 
        appropriate.
    (c) Definition.--The term ``ground source heat pump'' means an 
electric-powered system that uses the Earth's relatively constant 
temperature to provide heating, cooling, or hot water.

SEC. 705. FACILITIES MANAGEMENT.

    (a) In General.--Notwithstanding any other provision of law, the 
Administrator may convey, by lease, real and related personal property 
under the custody and control of NASA, or interests therein, and retain 
the net proceeds of such dispositions in an account within NASA's 
working capital fund to be used for NASA's real property capital needs 
at the NASA facility at which the leasing arrangement occurs. All net 
proceeds realized under this section shall be obligated or expended 
only as authorized by appropriations Acts. To aid in the use of this 
authority, NASA shall develop a facilities investment plan that takes 
into account uniqueness, mission dependency, and other studies required 
by this Act.
    (b) Definitions.--In this section:
            (1) Net proceeds.--The term ``net proceeds'' means the 
        rental and other sums received less the costs of the 
        disposition.
            (2) Real property capital needs.--The term ``real property 
        capital needs'' means any expenses necessary and incident to 
        the agency's real property capital acquisitions, improvements, 
        and dispositions.

                  TITLE VIII--MISCELLANEOUS AMENDMENTS

SEC. 801. RETROCESSION OF JURISDICTION.

    Title III of the National Aeronautics and Space Act of 1958, as 
amended by this Act, is further amended by adding at the end the 
following:

``SEC. 316. RETROCESSION OF JURISDICTION.

    ``Notwithstanding any other provision of law, the Administrator 
may, whenever the Administrator considers it desirable, relinquish to a 
State all or part of the legislative jurisdiction of the United States 
over lands or interests under the Administrator's control in that 
State. Relinquishment of legislative jurisdiction under this section 
may be accomplished--
            ``(1) by filing with the Governor of the State concerned a 
        notice of relinquishment to take effect upon acceptance 
        thereof; or
            ``(2) as the laws of the State may otherwise provide.''.

SEC. 802. EXTENSION OF INDEMNIFICATION AUTHORITY.

    Section 309(f)(1) of the National Aeronautics and Space Act of 1958 
(42 U.S.C. 2458c(f)(1)) is amended--
            (1) by striking ``December 31, 2002'' and inserting 
        ``December 31, 2007''; and
            (2) by striking ``September 30, 2005'' and inserting 
        ``December 31, 2009''.

SEC. 803. INTELLECTUAL PROPERTY PROVISIONS.

    Section 305 of the National Aeronautics and Space Act of 1958 (42 
U.S.C. 2457) is amended by inserting after subsection (f) the 
following:
    ``(g) Assignment of Patent Rights, Etc.--
            ``(1) In general.--Under agreements entered into pursuant 
        to paragraph (5) or (6) of section 203(c) of this Act (42 
        U.S.C. 2473(c)(5) or (6)), the Administrator may--
                    ``(A) grant, or agree to grant in advance to a 
                participating party, patent licenses or assignments, or 
                options thereto, in any invention made in whole or in 
                part by an Administration employee under the agreement; 
                or
                    ``(B) subject to section 209 of title 35, United 
                States Code, grant a license to an invention which is 
                federally owned, for which a patent application was 
                filed before the signing of the agreement, and directly 
                within the scope of the work under the agreement, for 
                reasonable compensation when appropriate.
            ``(2) Exclusivity.--The Administrator shall ensure, through 
        such agreement, that the participating party has the option to 
        choose an exclusive license for a prenegotiated field of use 
        for any such invention under the agreement or, if there is more 
        than 1 participating party, that the participating parties are 
        offered the option to hold licensing rights that collectively 
        encompass the rights that would be held under such an exclusive 
        license by one party.
            ``(3) Conditions.--In consideration for the Government's 
        contribution under the agreement, grants under this subsection 
        shall be subject to the following explicit conditions:
                    ``(A) A nonexclusive, nontransferable, irrevocable, 
                paid-up license from the participating party to the 
                Administration to practice the invention or have the 
                invention practiced through out the world by or on 
                behalf of the Government. In the exercise of such 
                license, the Government shall not publicly disclose 
                trade secrets or commercial or financial information 
                that is privileged or confidential within the meaning 
                of section 552 (b)(4) of title 5, United States Code, 
                or which would be considered as such if it had been 
                obtained from a non-Federal party.
                    ``(B) If the Administration assigns title or grants 
                an exclusive license to such an invention, the 
                Government shall retain the right--
                            ``(i) to require the participating party to 
                        grant to a responsible applicant a non-
                        exclusive, partially exclusive, or exclusive 
                        license to use the invention in the applicant's 
                        licensed field of use, on terms that are 
                        reasonable under the circumstances; or
                            ``(ii) if the participating party fails to 
                        grant such a license, to grant the license 
                        itself.
                    ``(C) The Government may exercise its right 
                retained under subparagraph (B) only in exceptional 
                circumstances and only if the Government determines 
                that--
                            ``(i) the action is necessary to meet 
                        health or safety needs that are not reasonably 
                        satisfied by the participating party;
                            ``(ii) the action is necessary to meet 
                        requirements for public use specified by 
                        Federal regulations, and such requirements are 
                        not reasonably satisfied by the participating 
                        party; or
                            ``(iii) the action is necessary to comply 
                        with an agreement containing provisions 
                        described in section 12(c)(4)(B) of the 
                        Stevenson-Wydler Technology Innovation Act of 
                        1980 (15 U.S.C. 3710a(c)(4)(B)).
            ``(4) Appeal and review of determination.--A determination 
        under paragraph (3)(C) is subject to administrative appeal and 
        judicial review under section 203(b) of title 35, United States 
        Code.''.

SEC. 804. ELECTRONIC ACCESS TO BUSINESS OPPORTUNITIES.

    Title III of the National Aeronautics and Space Act of 1958, as 
amended by this Act, is further amended by adding at the end the 
following:

``SEC. 317. ELECTRONIC ACCESS TO BUSINESS OPPORTUNITIES.

    ``(a) In General.--The Administrator may implement a pilot program 
providing for reduction in the waiting period between publication of 
notice of a proposed contract action and release of the solicitation 
for procurements conducted by the Administration.
    ``(b) Applicability.--The program implemented under subsection (a) 
shall apply to noncommercial acquisitions--
            ``(1) with a total value in excess of $100,000 but not more 
        than $5,000,000, including options;
            ``(2) that do not involve bundling of contract requirements 
        as defined in section 3(o) of the Small Business Act (15 U.S.C. 
        632(o)); and
            ``(3) for which a notice is required by section 8(e) of the 
        Small Business Act (15 U.S.C. 637(e)) and section 18(a) of the 
        Office of Federal Procurement Policy Act (41 U.S.C. 416(a)).
    ``(c) Notice.--
            ``(1) Accessibility.--Notice of acquisitions subject to the 
        program authorized by this section shall be made accessible 
        through the single Government-wide point of entry designated in 
        the Federal Acquisition Regulation, consistent with section 
        30(c)(4) of the Office of Federal Procurement Policy Act (41 
        U.S.C. 426(c)(4)).
            ``(2) Publication requirements.--Providing access to notice 
        in accordance with paragraph (1) satisfies the publication 
        requirements of section 8(e) of the Small Business Act (15 
        U.S.C. 637(e)) and section 18(a) of the Office of Federal 
        Procurement Policy Act (41 U.S.C. 416(a)).
    ``(d) Solicitation.--Solicitations subject to the program 
authorized by this section shall be made accessible through the 
Governmentwide point of entry, consistent with requirements set forth 
in the Federal Acquisition Regulation, except for adjustments to the 
wait periods as provided in subsection (e).
    ``(e) Wait Period.--
            ``(1) Reduction.--Whenever a notice required by section 
        8(e)(1)(A) of the Small Business Act (15 U.S.C. 637(e)(1)(A)) 
        and section 18(a) of the Office of Federal Procurement Policy 
        Act (41 U.S.C. 416(a)) is made accessible in accordance with 
        subsection (c) of this section, the wait period set forth in 
        section 8(e)(3)(A) of the Small Business Act (15 U.S.C. 
        637(e)(3)(A)) and section 18(a)(3)(A) of the Office of Federal 
        Procurement Policy Act (41 U.S.C. 416(a)(3)(A)), shall be 
        reduced by 5 days. If the solicitation applying to that notice 
        is accessible electronically in accordance with subsection (d) 
        simultaneously with issuance of the notice, the wait period set 
        forth in section 8(e)(3)(A) of the Small Business Act (15 
        U.S.C. 637(e)(3)(A)) and section 18(a)(3)(A) of the Office of 
        Federal Procurement Policy Act (41 U.S.C. 416(a)(3)(A)) shall 
        not apply and the period specified in section 8(e)(3)(B) of the 
        Small Business Act and section 18(a)(3)(B) of the Office of 
        Federal Procurement Policy Act for submission of bids or 
        proposals shall begin to run from the date the solicitation is 
        electronically accessible.
            ``(2) Deadline.--When a notice and solicitation are made 
        accessible simultaneously and the wait period is waived 
        pursuant to paragraph (1), the deadline for the submission of 
        bids or proposals shall be not less than 5 days greater than 
        the minimum deadline set forth in section 8(e)(3)(B) of the 
        Small Business Act (15 U.S.C. 637(e)(3)(B)) and section 
        18(a)(3)(B) of the Office of Federal Procurement Policy Act (41 
        U.S.C. 416(a)(3)(B)).
    ``(f) Implementation.--
            ``(1) Modification of requirements.--Nothing in this 
        section shall be construed as modifying regulatory requirements 
        set forth in the Federal Acquisition Regulation, except with 
        respect to--
                    ``(A) the applicable wait period between 
                publication of notice of a proposed contract action and 
                release of the solicitation; and
                    ``(B) the deadline for submission of bids or 
                proposals for procurements conducted in accordance with 
                the terms of this pilot program.
            ``(2) Nonapplicability.--This section shall not apply to 
        the extent the President determines it is inconsistent with any 
        international agreement to which the United States is a party.
    ``(g) Study.--Not later than 18 months after the effective date of 
the program, the Administration, in coordination with the Small 
Business Administration, the General Services Administration, and the 
Office of Management and Budget, shall evaluate the impact of the pilot 
program and submit to Congress a report that--
            ``(1) sets forth in detail the results of the test, 
        including the impact on competition and small business 
        participation; and
            ``(2) addresses whether the pilot program should be made 
        permanent, continued as a test program, or allowed to expire.
    ``(h) Regulations.--The Administrator shall publish proposed 
revisions to the NASA Federal Acquisition Regulation Supplement 
necessary to implement this section in the Federal Register not later 
than 120 days after the date of enactment of the National Aeronautics 
and Space Administration Authorization Act of 2005. The Administrator 
shall--
            ``(1) make the proposed regulations available for public 
        comment for a period of not less than 60 days; and
            ``(2) publish final regulations in the Federal Register not 
        later than 240 days after the date of enactment of that Act.
    ``(i) Effective Date.--
            ``(1) In general.--The pilot program authorized by this 
        section shall take effect on the date specified in the final 
        regulations promulgated pursuant to subsection (h)(2).
            ``(2) Limitation.--The date so specified shall be not less 
        than 30 days after the date on which the final regulation is 
        published.
    ``(j) Expiration of Authority.--The authority to conduct the pilot 
program under subsection (a) and to award contracts under such program 
shall expire 2 years after the effective date established in the final 
regulations published in the Federal Register under subsection 
(h)(2).''.

SEC. 805. REQUIREMENT FOR INDEPENDENT COST ANALYSIS.

    Section 301 of the National Aeronautics and Space Administration 
Authorization Act of 2000 (42 U.S.C. 2459g) is amended--
            (1) by striking ``Phase B'' in subsection (a) and inserting 
        ``implementation'';
            (2) by striking ``$150,000,000'' in subsection (a) and 
        inserting ``$250,000,000'';
            (3) by striking ``Chief Financial Officer'' each place it 
        appears in subsection (a) and inserting ``Administrator'';
            (4) by inserting ``and consider'' in subsection (a) after 
        ``shall conduct''; and
            (5) by striking subsection (b) and inserting the following:
    ``(b) Implementation Defined.--In this section, the term 
`implementation' means all activity in the life cycle of a project 
after preliminary design, independent assessment of the preliminary 
design, and approval to proceed into implementation, including critical 
design, development, certification, launch, operations, disposal of 
assets, and, for technology programs, development, testing, analysis 
and communication of the results.''.

SEC. 806. LIMITATIONS ON OFF-SHORE PERFORMANCE OF CONTRACTS FOR THE 
              PROCUREMENT OF GOODS AND SERVICES.

    (a) Conversions to Contractor Performance of Administration 
Activities.--Except as provided in subsection (c), an activity or 
function of the Administration that is converted to contractor 
performance under Office of Management and Budget Circular A-76 may not 
be performed by the contractor or any subcontractor at a location 
outside the United States.
    (b) Contracts for the Procurement of Services.--(1) Except as 
provided in subsection (c), a contract for the procurement of goods or 
services that is entered into by the Administrator may not be performed 
outside the United States unless it is to meet a requirement of the 
Administration for goods or services specifically at a location outside 
the United States.
    (2) The President may waive the prohibition in paragraph (1) in the 
case of any contract for which the President determines in writing that 
it is necessary in the national security interests of the United States 
for goods or services under the contract to be performed outside the 
United States.
    (3) The Administrator may waive the prohibition in paragraph (1) in 
the case of any contract for which the Administrator determines in 
writing that essential goods or services under the contract are only 
available from a source outside the United States.
    (c) Exception.--Subsections (a) and (b)(1) shall not apply to the 
extent that the activity or function under the contract was previously 
performed by Federal Government employees outside the United States.

                   TITLE IX--INDEPENDENT COMMISSIONS

SEC. 901. DEFINITIONS.

    For purposes of this title--
            (1) the term ``Commission'' means a Commission established 
        under this title;
            (2) the term ``incident'' means either an accident or a 
        deliberate act; and
            (3) the term ``NTSB'' means the National Transportation 
        Safety Board.

 Subtitle A--International Space Station Independent Safety Commission

SEC. 911. ESTABLISHMENT OF COMMISSION.

    (a) Establishment.--The President shall establish an independent, 
nonpartisan Commission within the executive branch to discover and 
assess any vulnerabilities of the International Space Station that 
could lead to its destruction, compromise the health of its crew, or 
necessitate its premature abandonment.
    (b) Deadline for Establishment.--The President shall issue an 
executive order establishing a Commission within 30 days after the date 
of enactment of this Act.

SEC. 912. TASKS OF THE COMMISSION.

    The Commission established under section 911 shall, to the extent 
possible, undertake the following tasks:
            (1) Catalog threats to and vulnerabilities of the ISS, 
        including design flaws, natural phenomena, computer software or 
        hardware flaws, sabotage or terrorist attack, number of 
        crewmembers, and inability to adequately deliver replacement 
        parts and supplies, and management or procedural deficiencies.
            (2) Make recommendations for corrective actions.
            (3) Provide any additional findings or recommendations 
        considered by the Commission to be important, whether or not 
        they are related to ISS safety.
            (4) Prepare a report to Congress, the President, and the 
        public.

  Subtitle B--Human Space Flight Independent Investigation Commission

SEC. 921. ESTABLISHMENT OF COMMISSION.

    (a) Establishment.--The President shall establish an independent, 
nonpartisan Commission within the executive branch to investigate any 
incident that results in the loss of--
            (1) a Space Shuttle;
            (2) the International Space Station or its operational 
        viability;
            (3) any other United States space vehicle carrying humans;
            (4) any space vehicle carrying United States citizens; or
            (5) a crew member or passenger of any space vehicle 
        described in this subsection.
    (b) Deadline for Establishment.--The President shall issue an 
executive order establishing a Commission within 7 days after an 
incident specified in subsection (a).

SEC. 922. TASKS OF THE COMMISSION.

    A Commission established pursuant to this subtitle shall, to the 
extent possible, undertake the following tasks:
            (1) Investigate the incident.
            (2) Determine the cause of the incident.
            (3) Identify all contributing factors to the cause of the 
        incident.
            (4) Make recommendations for corrective actions.
            (5) Provide any additional findings or recommendations 
        deemed by the Commission to be important, whether or not they 
        are related to the specific incident under investigation.
            (6) Prepare a report to Congress, the President, and the 
        public.

SEC. 923. ROLE OF NTSB.

    The NTSB shall assume responsibility for the investigation of any 
incident described in section 921(a) immediately upon the occurrence of 
that incident. The NTSB shall transfer responsibility for the 
investigation to a Commission established pursuant to this subtitle as 
soon as the Commission holds its initial meeting under section 931(d).

         Subtitle C--Organization and Operation of Commissions

SEC. 931. COMPOSITION OF COMMISSIONS.

    (a) Number of Commissioners.--A Commission established pursuant to 
this title shall consist of 15 members.
    (b) Selection.--The members of a Commission shall be chosen in the 
following manner:
            (1) The Chairman of the NTSB shall be a member of the 
        Commission.
            (2) The President shall appoint the remaining 14 members, 
        and shall designate the Chairman and Vice Chairman of the 
        Commission from among its members.
            (3) Four of the 14 members appointed by the President shall 
        be selected by the President in the following manner:
                    (A) The majority leader of the Senate, the minority 
                leader of the Senate, the Speaker of the House of 
                Representatives, and the minority leader of the House 
                of Representatives shall each provide to the President 
                a list of candidates for membership on the Commission.
                    (B) The President shall select one of the 
                candidates from each of the 4 lists for membership on 
                the Commission.
            (4) In the case of a Commission established under subtitle 
        A, the President shall select one candidate from a list of 
        candidates for membership on the Commission provided by the 
        President of the collective-bargaining organization including 
        the largest member of NASA engineers.
            (5) With the exception of the Chairman of the NTSB, no 
        officer or employee of the Federal Government shall serve as a 
        member of the Commission.
            (6) No member of the Commission shall have, or have 
        pending, a contractual relationship with NASA.
            (7) The President shall not appoint any individual as a 
        member of a Commission under this section who has a current or 
        former relationship with the Administrator that the President 
        determines would constitute a conflict of interest.
            (8) To the extent practicable, the President shall ensure 
        that the members of the Commission include some individuals 
        with experience relative to human carrying spacecraft, as well 
        as some individuals with investigative experience and some 
        individuals with legal experience.
            (9) To the extent practicable, the President shall seek 
        diversity in the membership of the Commission.
            (10) The President may waive the prohibitions in paragraphs 
        (5) and (6) with respect to the selection of not more than 2 
        members of a Commission established under subtitle A.
    (c) Deadline for Appointment.--All members of a Commission 
established under subtitle A shall be appointed no later than 60 days 
after issuance of the executive order establishing the Commission. All 
members of a Commission established under subtitle B shall be appointed 
no later than 30 days after the incident.
    (d) Initial Meeting.--A Commission shall meet and begin operations 
as soon as practicable.
    (e) Quorum; Vacancies.--After its initial meeting, a Commission 
shall meet upon the call of the Chairman or a majority of its members. 
Eight members of a Commission shall constitute a quorum. Any vacancy in 
a Commission shall not affect its powers, but shall be filled in the 
same manner in which the original appointment was made.

SEC. 932. POWERS OF COMMISSION.

    (a) In General.--
            (1) Hearings and evidence.--A Commission or, on the 
        authority of the Commission, any subcommittee or member 
        thereof, may, for the purpose of carrying out this title--
                    (A) hold such hearings and sit and act at such 
                times and places, take such testimony, receive such 
                evidence, administer such oaths; and
                    (B) subject to paragraph (2)(A), require, by 
                subpoena or otherwise, the attendance and testimony of 
                such witnesses and the production of such books, 
                records, correspondence, memoranda, papers, and 
                documents,
        as the Commission or such designated subcommittee or designated 
        member may determine advisable.
            (2) Subpoenas.--
                    (A) Issuance.--
                            (i) In general.--A subpoena may be issued 
                        under this subsection only--
                                    (I) by the agreement of the 
                                Chairman and the Vice Chairman; or
                                    (II) by the affirmative vote of 8 
                                members of the Commission.
                            (ii) Signature.--Subject to clause (i), 
                        subpoenas issued under this subsection may be 
                        issued under the signature of the Chairman or 
                        any member designated by a majority of the 
                        Commission, and may be served by any person 
                        designated by the Chairman or by a member 
                        designated by a majority of the Commission.
                    (B) Enforcement.--
                            (i) In general.--In the case of contumacy 
                        or failure to obey a subpoena issued under 
                        subsection (a), the United States district 
                        court for the judicial district in which the 
                        subpoenaed person resides, is served, or may be 
                        found, or where the subpoena is returnable, may 
                        issue an order requiring such person to appear 
                        at any designated place to testify or to 
                        produce documentary or other evidence. Any 
                        failure to obey the order of the court may be 
                        punished by the court as a contempt of that 
                        court.
                            (ii) Additional enforcement.--In the case 
                        of a failure of a witness to comply with a 
                        subpoena or to testify when summoned under 
                        authority of this section, a Commission may, by 
                        majority vote, certify a statement of fact 
                        constituting such failure to the appropriate 
                        United States attorney, who may bring the 
                        matter before the grand jury for its action, 
                        under the same statutory authority and 
                        procedures as if the United States attorney had 
                        received a certification under sections 102 
                        through 104 of the Revised Statutes of the 
                        United States (2 U.S.C. 192 through 194).
    (b) Contracting.--A Commission may, to such extent and in such 
amounts as are provided in appropriation Acts, enter into contracts to 
enable the Commission to discharge its duties under this title.
    (c) Information From Federal Agencies.--
            (1) In general.--A Commission may secure directly from any 
        executive department, bureau, agency, board, commission, 
        office, independent establishment, or instrumentality of the 
        Government, information, suggestions, estimates, and statistics 
        for the purposes of this title. Each department, bureau, 
        agency, board, commission, office, independent establishment, 
        or instrumentality shall, to the extent authorized by law, 
        furnish such information, suggestions, estimates, and 
        statistics directly to the Commission, upon request made by the 
        Chairman, the chairman of any subcommittee created by a 
        majority of the Commission, or any member designated by a 
        majority of the Commission.
            (2) Receipt, handling, storage, and dissemination.--
        Information shall only be received, handled, stored, and 
        disseminated by members of the Commission and its staff 
        consistent with all applicable statutes, regulations, and 
        Executive orders.
    (d) Assistance From Federal Agencies.--
            (1) General services administration.--The Administrator of 
        General Services shall provide to a Commission on a 
        reimbursable basis administrative support and other services 
        for the performance of the Commission's tasks.
            (2) Other departments and agencies.--In addition to the 
        assistance prescribed in paragraph (1), departments and 
        agencies of the United States may provide to the Commission 
        such services, funds, facilities, staff, and other support 
        services as they may determine advisable and as may be 
        authorized by law.
            (3) NASA engineering and safety center.--The NASA 
        Engineering and Safety Center shall provide data and technical 
        support as requested by a Commission.
    (e) Postal Services.--A Commission may use the United States mails 
in the same manner and under the same conditions as departments and 
agencies of the United States.

SEC. 933. PUBLIC MEETINGS, INFORMATION, AND HEARINGS.

    (a) Public Meetings and Release of Public Versions of Reports.--A 
Commission shall--
            (1) hold public hearings and meetings to the extent 
        appropriate; and
            (2) release public versions of the reports required under 
        this Act.
    (b) Public Hearings.--Any public hearings of a Commission shall be 
conducted in a manner consistent with the protection of information 
provided to or developed for or by the Commission as required by any 
applicable statute, regulation, or Executive order.

SEC. 934. STAFF OF COMMISSION.

    (a) In General.--
            (1) Appointment and compensation.--The Chairman, in 
        consultation with Vice Chairman, in accordance with rules 
        agreed upon by a Commission, may appoint and fix the 
        compensation of a staff director and such other personnel as 
        may be necessary to enable the Commission to carry out its 
        functions, without regard to the provisions of title 5, United 
        States Code, governing appointments in the competitive service, 
        and without regard to the provisions of chapter 51 and 
        subchapter III of chapter 53 of such title relating to 
        classification and General Schedule pay rates, except that no 
        rate of pay fixed under this paragraph may exceed the 
        equivalent of that payable for a position at level V of the 
        Executive Schedule under section 5316 of title 5, United States 
        Code. Employees of NASA shall not be appointed to the staff of 
        a Commission.
            (2) Personnel as federal employees.--
                    (A) In general.--The executive director and any 
                personnel of a Commission shall be considered employees 
                under section 2105 of title 5, United States Code, for 
                purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 
                of that title.
                    (B) Members of commission.--Subparagraph (A) does 
                not apply to members of a Commission.
    (b) Detailees.--Any Federal Government employee, except for an 
employee of NASA, may be detailed to a Commission without reimbursement 
from the Commission, and such detailee shall retain the rights, status, 
and privileges of his or her regular employment without interruption.
    (c) Consultant Services.--A Commission may procure the services of 
experts and consultants in accordance with section 3109 of title 5, 
United States Code, but at rates not to exceed the daily rate paid a 
person occupying a position at level IV of the Executive Schedule under 
section 5315 of title 5, United States Code. Any consultant or expert 
whose services are procured under this subsection shall disclose any 
contract or association it has with NASA or any NASA contractor.

SEC. 935. COMPENSATION AND TRAVEL EXPENSES.

    (a) Compensation.--Each member of a Commission may be compensated 
at not to exceed the daily equivalent of the annual rate of basic pay 
in effect for a position at level IV of the Executive Schedule under 
section 5315 of title 5, United States Code, for each day during which 
that member is engaged in the actual performance of the duties of the 
Commission.
    (b) Travel Expenses.--While away from their homes or regular places 
of business in the performance of services for the Commission, members 
of a Commission shall be allowed travel expenses, including per diem in 
lieu of subsistence, in the same manner as persons employed 
intermittently in the Government service are allowed expenses under 
section 5703(b) of title 5, United States Code.

SEC. 936. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF.

    The appropriate Federal agencies or departments shall cooperate 
with a Commission in expeditiously providing to the Commission members 
and staff appropriate security clearances to the extent possible 
pursuant to existing procedures and requirements. No person shall be 
provided with access to classified information under this title without 
the appropriate security clearances.

SEC. 937. REPORTING REQUIREMENTS AND TERMINATION.

    (a) Interim Reports.--A Commission may submit to the President and 
Congress interim reports containing such findings, conclusions, and 
recommendations for corrective actions as have been agreed to by a 
majority of Commission members.
    (b) Final Report.--A Commission shall submit to the President and 
Congress, and make concurrently available to the public, a final report 
containing such findings, conclusions, and recommendations for 
corrective actions as have been agreed to by a majority of Commission 
members. Such report shall include any minority views or opinions not 
reflected in the majority report.
    (c) Termination.--
            (1) In general.--A Commission, and all the authorities of 
        this title with respect to that Commission, shall terminate 60 
        days after the date on which the final report is submitted 
        under subsection (b).
            (2) Administrative activities before termination.--A 
        Commission may use the 60-day period referred to in paragraph 
        (1) for the purpose of concluding its activities, including 
        providing testimony to committees of Congress concerning its 
        reports and disseminating the final report.
                                 <all>