[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1281 Engrossed Amendment House (EAH)]
In the House of Representatives, U. S.,
November 18, 2005.
Resolved, That the bill from the Senate (S. 1281) entitled ``An Act to
authorize appropriations for the National Aeronautics and Space Administration
for science, aeronautics, exploration, exploration capabilities, and the
Inspector General, and for other purposes, for fiscal years 2006, 2007, 2008,
2009, and 2010'', do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
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--GENERAL PRINCIPLES AND REPORTS
Sec. 101. Responsibilities, policies, and plans.
Sec. 102. Reports.
Sec. 103. Baselines and cost controls.
Sec. 104. Prize authority.
Sec. 105. Foreign launch vehicles.
Sec. 106. Safety management.
Sec. 107. Lessons learned and best practices.
Sec. 108. Commercialization plan.
Sec. 109. Study on the feasibility of use of ground source heat pumps.
Sec. 110. Space shuttle return to flight.
Sec. 111. Whistleblower protection.
TITLE II--AUTHORIZATION OF APPROPRIATIONS
Sec. 201. Structure of budgetary accounts.
Sec. 202. Fiscal year 2006.
Sec. 203. Fiscal year 2007.
Sec. 204. ISS research.
Sec. 205. Test facilities.
Sec. 206. Proportionality.
Sec. 207. Limitations on authority.
Sec. 208. Notice of reprogramming.
Sec. 209. Cost overruns.
Sec. 210. Official representational fund.
Sec. 211. International Space Station cost cap.
TITLE III--SCIENCE
Subtitle A--General Provisions
Sec. 301. Performance assessments.
Sec. 302. Status report on Hubble Space Telescope servicing mission.
Sec. 303. Independent assessment of Landsat-NPOESS integrated mission.
Sec. 304. Assessment of science mission extensions.
Sec. 305. Microgravity research.
Sec. 306. Coordination with the National Oceanic and Atmospheric
Administration.
Subtitle B--Remote Sensing
Sec. 311. Definitions.
Sec. 312. Pilot projects to encourage public sector applications.
Sec. 313. Program evaluation.
Sec. 314. Data availability.
Sec. 315. Education.
Subtitle C--George E. Brown, Jr. Near-Earth Object Survey
Sec. 321. George E. Brown, Jr. Near-Earth Object Survey.
TITLE IV--AERONAUTICS
Sec. 401. Definition.
Subtitle A--National Policy for Aeronautics Research and Development
Sec. 411. Policy.
Subtitle B--NASA Aeronautics Breakthrough Research Initiatives
Sec. 421. Environmental aircraft research and development initiative.
Sec. 422. Civil supersonic transport research and development
initiative.
Sec. 423. Rotorcraft and other runway-independent air vehicles research
and development initiative.
Subtitle C--Other NASA Aeronautics Research and Development Activities
Sec. 431. Fundamental research and technology base program.
Sec. 432. Airspace systems research.
Sec. 433. Aviation safety and security research.
Sec. 434. Zero-emissions aircraft research.
Sec. 435. Mars aircraft research.
Sec. 436. Hypersonics research.
Sec. 437. NASA aeronautics scholarships.
Sec. 438. Aviation weather research.
Sec. 439. Assessment of wake turbulence research and development
program.
Sec. 440. University-based centers.
TITLE V--HUMAN SPACE FLIGHT
Sec. 501. International Space Station completion.
Sec. 502. Human exploration priorities.
Sec. 503. GAO assessment.
TITLE VI--OTHER PROGRAM AREAS
Subtitle A--Space and Flight Support
Sec. 601. Orbital debris.
Sec. 602. Secondary payload capability.
Subtitle B--Education
Sec. 611. Institutions in NASA's minority institutions program.
Sec. 612. Program to expand distance learning in rural underserved
areas.
Sec. 613. Charles ``Pete'' Conrad Astronomy Awards.
Sec. 614. Review of education programs.
Sec. 615. Equal access to NASA's education programs.
Sec. 616. Museums.
Sec. 617. Review of MUST program.
TITLE VII--MISCELLANEOUS AMENDMENTS
Sec. 701. Retrocession of jurisdiction.
Sec. 702. Extension of indemnification.
Sec. 703. NASA scholarships.
Sec. 704. Independent cost analysis.
Sec. 705. Limitations on off-shore performance of contracts for the
procurement of goods and services.
Sec. 706. Long duration flight.
TITLE VIII--INDEPENDENT COMMISSIONS
Sec. 801. Definitions.
Subtitle A--International Space Station Independent Safety Commission
Sec. 811. Establishment of Commission.
Sec. 812. Tasks of the Commission.
Sec. 813. Sunset.
Subtitle B--Human Space Flight Independent Investigation Commission
Sec. 821. Establishment of Commission.
Sec. 822. Tasks of the Commission.
Subtitle C--Organization and Operation of Commissions
Sec. 831. Composition of Commissions.
Sec. 832. Powers of Commission.
Sec. 833. Public meetings, information, and hearings.
Sec. 834. Staff of Commission.
Sec. 835. Compensation and travel expenses.
Sec. 836. Security clearances for Commission members and staff.
Sec. 837. Reporting requirements and termination.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) On January 14, 2004, the President unveiled the Vision
for Space Exploration to guide United States policy on human
space exploration.
(2) The President's vision of returning humans to the Moon
and working toward a sustainable human presence there and then
venturing further into the solar system provides a sustainable
rationale for the United States human space flight program.
(3) As we enter the Second Space Age, the National
Aeronautics and Space Administration should continue to support
robust programs in space science, aeronautics, and earth
science as it moves forward with plans to send Americans to the
Moon, Mars, and worlds beyond.
(4) The National Aeronautics and Space Administration's
programs can advance the frontiers of science, expanding
understanding of our planet and of the universe, and contribute
to American prosperity.
(5) The United States should honor its international
commitments to the International Space Station program.
(6) 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.
(7) 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.
(8) An important part of NASA's mission is education and
outreach.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the National Aeronautics and Space
Administration.
(2) ISS.--The term ``ISS'' means the International Space
Station.
(3) NASA.--The term ``NASA'' means the National Aeronautics
and Space Administration.
TITLE I--GENERAL PRINCIPLES AND REPORTS
SEC. 101. RESPONSIBILITIES, POLICIES, AND PLANS.
(a) General Responsibilities.--
(1) Programs.--The Administrator shall ensure that NASA
carries out a balanced set of programs that shall include, at a
minimum, programs in--
(A) human space flight, in accordance with
subsection (b);
(B) aeronautics research and development; and
(C) scientific research, which shall include, at a
minimum--
(i) robotic missions to study planets, and
to deepen understanding of astronomy,
astrophysics, and other areas of science that
can be productively studied from space;
(ii) earth science research and research on
the Sun-Earth connection through the
development and operation of research
satellites and other means;
(iii) support of university research in
space science, earth science and microgravity
science.
(iv) research on microgravity, including
research that is not directly related to human
exploration.
(2) Consultation and coordination.--In carrying out the
programs of NASA, the Administrator shall--
(A) consult and coordinate to the extent
appropriate with other relevant Federal agencies,
including through the National Science and Technology
Council;
(B) work closely with the private sector, including
by--
(i) encouraging the work of entrepreneurs
who are seeking to develop new means to launch
satellites, crew, or cargo;
(ii) contracting with the private sector
for crew and cargo services to the extent
practicable; and
(iii) using commercially available products
(including software) and services to the extent
practicable to support all NASA activities; and
(C) involve other nations to the extent
appropriate.
(b) Vision for Space Exploration.--The Administrator shall manage
human space flight programs to strive to achieve the following goals:
(1) Returning Americans to the Moon no later than 2020.
(2) Launching the Crew Exploration Vehicle as close to 2010
as possible.
(3) Increasing knowledge of the impacts of long duration
stays in space on the human body using the most appropriate
facilities available.
(4) Enabling humans to land on and return from Mars and
other destinations on a timetable that is technically and
fiscally possible.
(c) Aeronautics.--
(1) In general.--The President of the United States,
through the Administrator, and in consultation with other
Federal agencies, shall develop a national aeronautics policy
to guide the aeronautics programs of NASA through 2020.
(2) Content.--At a minimum, the national aeronautics policy
shall describe for NASA--
(A) the priority areas of research for aeronautics
through fiscal year 2011;
(B) the basis on which and the process by which
priorities for ensuing fiscal years will be selected;
(C) the facilities and personnel needed to carry
out the aeronautics program through fiscal year 2011;
and
(D) the budget assumptions on which the national
aeronautics policy is based, which for fiscal years
2006 and 2007 shall be the authorized level for
aeronautics provided in title II of this Act.
(3) Considerations.--In developing the national aeronautics
policy, the President shall consider the following issues,
which shall be discussed in the transmittal under paragraph
(5):
(A) The extent to which NASA should focus on long-
term, high-risk research or more incremental research,
and the expected impact on the United States aircraft
and airline industries of that decision.
(B) The extent to which NASA should address
military and commercial needs.
(C) How NASA will coordinate its aeronautics
program with other Federal agencies.
(D) The extent to which NASA will fund university
research, and the expected impact of that funding on
the supply of United States workers for the aeronautics
industry.
(E) The extent to which the priority areas of
research listed pursuant to paragraph (2)(A) should
include the activities authorized by title IV of this
Act, the discussion of which shall include a priority
ranking of all of the activities authorized in title IV
and an explanation for that ranking.
(4) Consultation.--In the development of the national
aeronautics policy, the Administrator shall consult widely with
academic and industry experts and with other Federal agencies.
The Administrator may enter into an arrangement with the
National Academy of Sciences to help develop the national
aeronautics policy.
(5) Schedule.--The Administrator shall transmit the
national aeronautics policy to the Committee on Appropriations
and the Committee on Science of the House of Representatives,
and to the Committee on Appropriations and the Committee on
Commerce, Science, and Transportation of the Senate, not later
than the date on which the President submits the proposed
budget for the Federal Government for fiscal year 2007 to the
Congress. The Administrator shall make available to those
committees any study done by a nongovernmental entity that was
used in the development of the national aeronautics policy.
(d) Science.--
(1) In general.--The Administrator shall develop a policy
to guide the science programs of NASA through 2016.
(2) Content.--At a minimum, the policy shall describe--
(A) the missions NASA will initiate, design,
develop, launch, or operate in space science and earth
science through fiscal year 2016, including launch
dates;
(B) a priority ranking of all of the missions
listed under subparagraph (A), and the rationale for
the ranking;
(C) the budget assumptions on which the policy is
based, which for fiscal years 2006 and 2007 shall be
consistent with the authorizations provided in title II
of this Act; and
(D) the facilities and personnel needed to carry
out the policy through fiscal year 2016.
(3) Considerations.--In developing the science policy under
this subsection, the Administrator shall consider the following
issues, which shall be discussed in the transmittal under
paragraph (6):
(A) What the most important scientific questions in
space science and earth science are.
(B) The relationship between NASA's space and earth
science activities and those of other Federal agencies.
(4) Consultation.--In developing the policy under this
subsection, the Administrator shall draw on decadal surveys and
other reports in planetary science, astronomy, solar and space
physics, earth science, and any other relevant fields developed
by the National Academy of Sciences. The Administrator shall
also consult widely with academic and industry experts and with
other Federal agencies.
(5) Hubble space telescope.--The policy developed under
this subsection shall address plans for a human mission to
repair the Hubble Space Telescope consistent with section 302
of this Act.
(6) Schedule.--The Administrator shall transmit the policy
developed under this subsection to the Committee on Science of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate not later than the
date on which the President submits the proposed budget for the
Federal Government for fiscal year 2007 to the Congress. The
Administrator shall make available to those committees any
study done by a nongovernmental entity that was used in the
development of the policy.
(e) Facilities.--
(1) In general.--The Administrator shall develop a plan for
managing NASA's facilities through fiscal year 2015. The plan
shall be consistent with the policies and plans developed
pursuant to this section.
(2) Content.--At a minimum, the plan shall describe--
(A) any new facilities NASA intends to acquire,
whether through construction, purchase, or lease, and
the expected dates for doing so;
(B) any facilities NASA intends to significantly
modify, and the expected dates for doing so;
(C) any facilities NASA intends to close, and the
expected dates for doing so;
(D) any transaction NASA intends to conduct to
sell, lease, or otherwise transfer the ownership of a
facility, and the expected dates for doing so;
(E) how each of the actions described in
subparagraphs (A), (B), (C), and (D) will enhance the
ability of NASA to carry out its programs;
(F) the expected costs or savings expected from
each of the actions described in subparagraphs (A),
(B), (C), and (D);
(G) the priority order of the actions described in
subparagraphs (A), (B), (C), and (D);
(H) the budget assumptions of the plan, which for
fiscal years 2006 and 2007 shall be consistent with the
authorizations provided in title II of this Act; and
(I) how facilities were evaluated in developing the
plan.
(3) Schedule.--The Administrator shall transmit the plan
developed under this subsection to the Committee on Science of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate not later than the
date on which the President submits the proposed budget for the
Federal Government for fiscal year 2008 to the Congress.
(f) Workforce.--
(1) In general.--The Administrator shall develop a human
capital strategy to ensure that 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 section. The strategy shall cover
the period through fiscal year 2011.
(2) Content.--The strategy shall describe, at a minimum--
(A) any categories of employees 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;
(B) 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;
(C) the steps NASA will use to retain needed
employees; and
(D) the budget assumptions of the strategy, which
for fiscal years 2006 and 2007 shall be consistent with
the authorizations provided in title II of this Act,
and any expected additional costs or savings from the
strategy by fiscal year.
(3) Schedule.--The Administrator shall transmit the
strategy developed under this subsection to the Committee on
Science of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate not later
than the date on which the President submits the proposed
budget for the Federal Government for fiscal year 2007 to the
Congress. At least 60 days before transmitting the strategy,
NASA shall provide a draft of the 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 the Unions.
(4) Limitation.--NASA may not initiate any buyout offer
until 60 days after the strategy required by this subsection
has been transmitted to the Congress in accordance with
paragraph (3). NASA may not implement any Reduction in Force or
other involuntary separations (except for cause) prior to
February 16, 2007.
(g) Center Management.--
(1) In general.--The Administrator shall conduct a study to
determine whether any of NASA's centers should be operated by
or with the private sector by converting a center to a
Federally Funded Research and Development Center or through any
other mechanism.
(2) Content.--The study shall, at a minimum--
(A) make a recommendation for the operation of each
center and provide reasons for that recommendation; and
(B) describe the advantages and disadvantages of
each mode of operation considered in the study.
(3) Considerations.--In conducting the study, the
Administrator shall take into consideration the experiences of
other relevant Federal agencies in operating laboratories and
centers and any reports that have reviewed the mode of
operation of those laboratories and centers, as well as any
reports that have reviewed NASA's centers.
(4) Schedule.--The Administrator shall transmit the study
conducted under this subsection to the Committee on Science of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate not later than May
31, 2006.
(h) Budgets.--The proposed budget for NASA submitted by the
President for each fiscal year shall be accompanied by documents
showing--
(1) the budget for each element of the human space flight
program;
(2) the budget for aeronautics;
(3) the budget for space science;
(4) the budget for earth science;
(5) the budget for microgravity science;
(6) the budget for education;
(7) the budget for technology transfer programs;
(8) the budget for the Integrated Financial Management
Program, by individual element;
(9) the budget for the Independent Technical Authority,
both total and by center;
(10) the budget for public relations, by program;
(11) the comparable figures for at least the 2 previous
fiscal years for each item in the proposed budget;
(12) the amount of unobligated funds and unexpended funds,
by appropriations account--
(A) that remained at the end of the fiscal year
prior to the fiscal year in which the budget is being
presented that were carried over into the fiscal year
in which the budget is being presented;
(B) that are estimated will remain at the end of
the fiscal year in which the budget is being presented
that are proposed to be carried over into the fiscal
year for which the budget is being presented; and
(C) that are estimated will remain at the end of
the fiscal year for which the budget is being
presented; and
(13) the budget for safety, by program.
(i) General and Administrative Expenses.--NASA shall make
available, upon request from the Committee on Science of the House of
Representatives or the Committee on Commerce, Science, and
Transportation of the Senate, information on Corporate and Center
General and Administrative Costs and Service Pool costs, including--
(1) the total amount of funds being allocated for those
purposes for any fiscal year for which the President has
submitted an annual budget request to Congress;
(2) the amount of funds being allocated for those purposes
for each center, for headquarters, and for each directorate;
and
(3) the major activities included in each cost category.
(j) NASA Test Facilities.--
(1) Review.--The Director of the Office of Science and
Technology Policy shall commission an independent review of the
Nation's long-term strategic needs for test facilities and
shall submit the review to the Committee on Science of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate. The review shall
include an evaluation of the facility needs described pursuant
to subsection (c)(2)(C).
(2) Limitation.--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 non-
aeronautical NASA test facilities that were in use as of
January 1, 2004, until the review conducted under paragraph (1)
has been transmitted to the Congress.
SEC. 102. REPORTS.
(a) Immediate Issues.--Not later than September 30, 2005, the
Administrator shall transmit to the Committee on Science of the House
of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on each of the following items:
(1) The research agenda for the ISS and its proposed final
configuration.
(2) The number of flights the Space Shuttle will make
before its retirement, the purpose of those flights, and the
expected date of the final flight.
(3) A description of the means, other than the Space
Shuttle, that may be used to ferry crew and cargo to and from
the ISS.
(4) A plan for the operation of the ISS in the event that
the Iran Nonproliferation Act of 2000 is not amended.
(5) A description of the launch vehicle for the Crew
Exploration Vehicle.
(6) A description of any heavy lift vehicle NASA intends to
develop, the intended uses of that vehicle, and whether the
decision to develop that vehicle has undergone an interagency
review.
(7) A description of the intended purpose of lunar missions
and the architecture for those missions.
(8) The program goals for Project Prometheus.
(9) A plan for managing the cost increase for the James
Webb Space Telescope.
(b) Crew Exploration Vehicle.--The Administrator shall not enter
into a development contract for the Crew Exploration Vehicle until at
least 30 days after the Administrator has transmitted to the Committee
on Science of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report
describing--
(1) the expected cost of the Crew Exploration Vehicle
through fiscal year 2020, based on the specifications for that
development contract;
(2) the expected budgets for each fiscal year through
fiscal year 2020 for human space flight, aeronautics, space
science, and earth science--
(A) first assuming inflationary growth for the
budget of NASA as a whole and including costs for the
Crew Exploration Vehicle as projected under paragraph
(1); and
(B) then assuming inflationary growth for the
budget of NASA as a whole and including at least two
cost estimates for the Crew Exploration Vehicle that
are higher than those projected under paragraph (1),
based on NASA's past experience with cost increases for
similar programs, along with a description of the
reasons for selecting the cost estimates used for the
calculations under this subparagraph and the
probability that the cost of the Crew Exploration
Vehicle will reach those estimated amounts; and
(3) the extent to which the Crew Exploration Vehicle will
allow for the escape of the crew in the event of an emergency.
(c) Space Communications Study.--
(1) 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 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. The plan shall include a description of
the following:
(A) Projected Deep Space Network requirements for
the next decade, including those in support of human
space exploration missions.
(B) Upgrades needed to support Deep Space Network
requirements.
(C) Cost estimates for the maintenance of existing
Deep Space Network capabilities.
(D) Cost estimates and schedules for the upgrades
described in subparagraph (B).
(2) Consultations.--The Administrator shall consult with
other relevant Federal agencies in developing the plan under
this subsection.
(3) Report.--The Administrator shall transmit the plan
under this subsection to the Committee on Science of the House
of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate not later than February 17, 2007.
(d) Public Relations.--Not later than December 31, 2005, the
Administrator shall transmit a plan to the Committee on Appropriations
and the Committee on Science of the House of Representatives, and to
the Committee on Appropriations and the Committee on Commerce, Science,
and Transportation of the Senate, describing the activities that will
be undertaken as part of the national awareness campaign required by
the report of the Committee on Appropriations of the House of
Representatives accompanying the Science, State, Justice, Commerce, and
Related Agencies Appropriations Act, 2006, and the expected cost of
those activities. NASA may undertake activities as part of the national
awareness campaign prior to the transmittal of the plan required by
this subsection, but not until 15 days after notifying the Committee on
Science of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate of any activity. The plan
required by this subsection shall include the estimated costs of any
activities undertaken pursuant to notice under the preceding sentence.
(e) Joint Dark Energy Mission.--The Administrator and the Director
of the Department of Energy Office of Science shall jointly transmit to
the Committee on Science of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate, not
later than the date on which the President submits the proposed budget
for the Federal Government for fiscal year 2007, a report on plans for
a Joint Dark Energy Mission. The report shall include the amount of
funds each agency intends to expend on the Joint Dark Energy Mission
for each of the fiscal years 2007 through 2011, and any specific
milestones for the development and launch of the Mission.
(f) Shuttle Employee Transition.--The Administrator shall consult
with other appropriate Federal agencies and with NASA contractors and
employees to develop a transition plan for Federal and contractor
personnel engaged in the Space Shuttle program. The plan shall include
actions to assist Federal and contractor personnel to take advantage of
training, retraining, job placement, and relocation programs, and any
other actions that NASA will take to assist the employees. The plan
shall also describe how the Administrator will ensure that NASA and its
contractors will have an appropriate complement of employees to allow
for the safest possible use of the Space Shuttle through its final
flight. The Administrator shall transmit the plan to the Committee on
Science of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate not later than February 1,
2006.
(g) Office of Science and Technology Policy.--
(1) Study.--The Director of the Office of Science and
Technology Policy shall conduct a study to determine--
(A) if any research and development programs of
NASA are unnecessarily duplicating aspects of programs
of other Federal agencies; and
(B) if any research and development programs of
NASA are neglecting any topics of national interest
that are related to the mission of NASA.
(2) Report.--Not later than March 1, 2006, the Director of
the Office of Science and Technology Policy shall transmit to
the Committee on Science of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the
Senate a report that--
(A) describes the results of the study under
paragraph (1);
(B) lists the research and development programs of
Federal agencies other than NASA that were reviewed as
part of the study, which shall include any program
supporting research and development in an area related
to the programs of NASA, and the most recent budget
figures for those programs of other agencies;
(C) recommends any changes to the research and
development programs of NASA that should be made to
eliminate unnecessary duplication or address topics of
national interest; and
(D) describes mechanisms the Office of Science and
Technology Policy will use to ensure adequate
coordination between NASA and Federal agencies that
operate related programs.
(h) Office of Small and Disadvantaged Business Utilization.--The
Administrator shall transmit to the Committee on Science and the
Committee on Small Business of the House of Representatives and the
Committee on Commerce, Science, and Transportation and the Committee on
Small Business and Entrepreneurship of the Senate a quarterly report on
the NASA Office of Small and Disadvantaged Business Utilization, which
shall include a description of the outreach activities of the Office
and the impact of such activities on the participation of small
businesses, including small businesses owned by women and minorities,
in NASA contracts.
SEC. 103. BASELINES AND COST CONTROLS.
(a) Conditions for Development.--
(1) In general.--NASA shall not enter into a contract for
the development phase of a major program unless the
Administrator determines that--
(A) the technical, cost, and schedule risks of the
program are clearly identified and the program has
developed a plan to manage those risks; and
(B) the program complies with all relevant
policies, regulations, and directives of NASA.
(2) Report.--The Administrator shall transmit a report
describing the basis for the determination required under
paragraph (1) to the Committee on Science of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate at least 30 days before entering
into a contract for development under a major program.
(3) Nondelegation.--The Administrator may not delegate the
determination requirement under this subsection, except in
cases in which the Administrator has a conflict of interest.
(b) Major Program Annual Reports.--
(1) Requirement.--Not later than February 15 of each year
following the date of enactment of this Act, the Administrator
shall transmit to the Committee on Science of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on each major program for
which NASA proposes to expend funds in the subsequent fiscal
year. Reports under this section shall be known as Major
Program Annual Reports.
(2) Baseline report.--The first Major Program Annual Report
for each major program shall include a Baseline Report that
shall, at a minimum, include--
(A) the purposes of the program and key technical
characteristics necessary to fulfill those purposes;
(B) an estimate of the life-cycle cost for the
program, with a detailed breakout of the development
cost, program reserves, and an estimate of the annual
costs until the development is completed;
(C) the schedule for the development, including key
program milestones;
(D) the plan for mitigating technical, schedule,
and cost risks prepared in accordance with subsection
(a)(1)(A); and
(E) the name of the person responsible for making
notifications under subsection (c), who shall be an
individual whose primary responsibility is overseeing
the program.
(3) Information updates.--For major programs with respect
to which a Baseline Report has been previously submitted, each
subsequent Major Program Annual Report shall describe any
changes to the information that had been provided in the
Baseline Report, and the reasons for those changes.
(c) Notification.--
(1) Requirement.--The individual identified under
subsection (b)(2)(D) shall immediately notify the Administrator
any time that individual has reasonable cause to believe that,
for the major program for which he or she is responsible--
(A) the development cost of the program is likely
to exceed the estimate provided in the Baseline Report
of the program by 15 percent or more; or
(B) a milestone of the program is likely to be
delayed by 6 months or more from the date provided for
it in the Baseline Report of the program.
(2) Reasons.--Not later than 7 days after the notification
required under paragraph (1), the individual identified under
subsection (b)(2)(D) shall transmit to the Administrator a
written notification explaining the reasons for the change in
the cost or milestone of the program for which notification was
provided under paragraph (1).
(3) Notification of congress.--Not later than 5 days after
the Administrator receives a written notification under
paragraph (2), the Administrator shall transmit the
notification to the Committee on Science of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
(d) Fifteen Percent Threshold.--Not later than 30 days after
receiving a written notification under subsection (c)(2), the
Administrator shall determine whether the development cost of the
program is likely to exceed the estimate provided in the Baseline
Report of the program by 15 percent or more, or whether a milestone is
likely to be delayed by 6 months or more. If the determination is
affirmative, the Administrator shall--
(1) transmit to the Committee on Science of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate, not later than 14 days after
making the determination, a report that includes--
(A) a description of the increase in cost or delay
in schedule and a detailed explanation for the increase
or delay;
(B) a description of actions taken or proposed to
be taken in response to the cost increase or delay; and
(C) a description of any impacts the cost increase
or schedule delay will have on any other program within
NASA; and
(2) if the Administrator intends to continue with the
program, promptly initiate an analysis of the program, which
shall include, at a minimum--
(A) the projected cost and schedule for completing
the program if current requirements of the program are
not modified;
(B) the projected cost and the schedule for
completing the program after instituting the actions
described under paragraph (1)(B); and
(C) a description of, and the projected cost and
schedule for, a broad range of alternatives to the
program.
NASA shall complete an analysis initiated under paragraph (2) not later
than 6 months after the Administrator makes a determination under this
subsection. The Administrator shall transmit the analysis to the
Committee on Science of the House of Representatives and Committee on
Commerce, Science, and Transportation of the Senate not later than 30
days after its completion.
(e) Thirty Percent Threshold.--If the Administrator determines
under subsection (d) that the development cost of a program will exceed
the estimate provided in the Baseline Report of the program by more
than the lower of 30 percent or $1,000,000,000, then, beginning 18
months after the date the Administrator transmits a report under
subsection (d)(1), the Administrator shall not expend any additional
funds on the program, other than termination costs, unless the Congress
has subsequently authorized continuation of the program by law. An
appropriation for the program enacted subsequent to a report being
transmitted shall be considered an authorization for purposes of this
subsection. If the program is continued, the Administrator shall submit
a new Baseline Report for the program no later than 90 days after the
date of enactment of the Act under which Congress has authorized
continuation of the program.
(f) Definitions.--For the purposes of this section--
(1) the term ``development'' means the phase of a program
following the formulation phase and beginning with the approval
to proceed to implementation, as defined in NASA's Procedural
Requirements 7120.5c, dated March 22, 2005;
(2) the term ``development cost'' means the total of all
costs, including construction of facilities and civil servant
costs, from the period beginning with the approval to proceed
to implementation through the achievement of operational
readiness, without regard to funding source or management
control, for the life of the program;
(3) the term ``life-cycle cost'' means the total of the
direct, indirect, recurring, and nonrecurring costs, including
the construction of facilities and civil servant costs, and
other related expenses incurred or estimated to be incurred in
the design, development, verification, production, operation,
maintenance, support, and retirement of a program over its
planned lifespan, without regard to funding source or
management control; and
(4) the term ``major program'' means an activity approved
to proceed to implementation that has an estimated life-cycle
cost of more than $150,000,000.
SEC. 104. PRIZE AUTHORITY.
The National Aeronautics and Space Act of 1958 (42 U.S.C. 2451, et
seq.) is amended by inserting after section 313 the following new
section:
``prize authority
``Sec. 314. (a) In General.--The Administration may carry out a
program to competitively award cash prizes to stimulate innovation in
basic and applied research, technology development, and prototype
demonstration that have the potential for application to the
performance of the space and aeronautical activities of the
Administration. The Administration may carry out a program to award
prizes only in conformity with this section.
``(b) Topics.--In selecting topics for prize competitions, the
Administrator shall consult widely both within and outside the Federal
Government, and may empanel advisory committees.
``(c) Advertising.--The Administrator shall widely advertise prize
competitions to encourage participation.
``(d) Requirements and Registration.--For each prize competition,
the Administrator shall publish a notice in the Federal Register
announcing the subject of the competition, the rules for being eligible
to participate in the competition, the amount of the prize, and the
basis on which a winner will be selected.
``(e) Eligibility.--To be eligible to win a prize under this
section, an individual or entity--
``(1) shall have registered to participate in the
competition pursuant to any rules promulgated by the
Administrator under subsection (d);
``(2) shall have complied with all the requirements under
this section;
``(3) in the case of a private entity, shall be
incorporated in and maintain a primary place of business in the
United States, and in the case of an individual, whether
participating singly or in a group, shall be a citizen or
permanent resident of the United States; and
``(4) shall not be a Federal entity or Federal employee
acting within the scope of their employment.
``(f) Liability.--(1) Registered participants must agree to assume
any and all risks and waive claims against the United States Government
and its related entities, except in the case of willful misconduct, for
any injury, death, damage, or loss of property, revenue, or profits,
whether direct, indirect, or consequential, arising from their
participation in a competition, whether such injury, death, damage, or
loss arises through negligence or otherwise. For the purposes of this
paragraph, the term `related entity' means a contractor or
subcontractor at any tier, and a supplier, user, customer, cooperating
party, grantee, investigator, or detailee.
``(2) Participants must obtain liability insurance or demonstrate
financial responsibility in amounts determined by the Administrator,
from claims by--
``(A) a third party for death, bodily injury, or property
damage, or loss resulting from an activity carried out in
connection with participation in a competition, with the
Federal Government named as an additional insured under the
registered participant's insurance policy and registered
participants agreeing to indemnify the Federal Government
against third party claims for damages arising from or related
to competition activities; and
``(B) the United States Government for damage or loss to
Government property resulting from such an activity.
``(g) Judges.--For each competition, the Administration, either
directly or through a contract under subsection (h), shall assemble a
panel of qualified judges to select the winner or winners of the prize
competition on the basis described pursuant to subsection (d). Judges
for each competition shall include individuals from outside the
Administration, including from the private sector. A judge may not--
``(1) have personal or financial interests in, or be an
employee, officer, director, or agent of any entity that is a
registered participant in a competition; or
``(2) have a familial or financial relationship with an
individual who is a registered participant.
``(h) Administering the Competition.--The Administrator may enter
into an agreement with a private, nonprofit entity to administer the
prize competition, subject to the provisions of this section.
``(i) Funding.--(1) The Administrator may accept funds from other
Federal agencies and from the private sector for cash prizes under this
section. The Administrator may not give any special consideration to
any private sector entity in return for a donation.
``(2) Notwithstanding any other provision of law, funds
appropriated for prize awards under this section shall remain available
until expended, and may be transferred, reprogrammed, or expended for
other purposes only after the expiration of 10 fiscal years after the
fiscal year for which the funds were originally appropriated. No
provision in this section permits obligation or payment of funds in
violation of the Anti-Deficiency Act (31 U.S.C. 1341).
``(3) No prize may be announced under subsection (d) until all the
funds needed to pay out the announced amount of the prize have been
appropriated or committed in writing by a private source. The
Administrator may increase the amount of a prize after an initial
announcement is made under subsection (d) if--
(A) notice of the increase is provided in the same manner
as the initial notice of the prize; and
(B) the funds needed to pay out the announced amount of the
increase have been appropriated or committed in writing by a
private source.
``(4) No prize competition under this section may offer a prize in
an amount greater than $10,000,000 unless 30 days have elapsed after
written notice has been provided to the Committee on Science of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
``(j) Use of NASA Name and Insignia.--A registered participant in a
competition under this section may use the Administration's name,
initials, or insignia only after prior review and written approval by
the Administration.
``(k) Compliance With Existing Law.--The Federal Government shall
not, by virtue of offering or providing a prize under this section, be
responsible for compliance by registered participants in a prize
competition with Federal law, including licensing, export control, and
nonproliferation laws, and related regulations.''.
SEC. 105. FOREIGN LAUNCH VEHICLES.
(a) Accord With Space Transportation Policy.--NASA shall not launch
a mission on a foreign launch vehicle except in accordance with the
Space Transportation Policy announced by the President on December 21,
2004.
(b) Interagency Coordination.--NASA shall not launch a mission on a
foreign launch vehicle unless NASA commenced the interagency
coordination required by the Space Transportation Policy announced by
the President on December 21, 2004, at least 90 days before entering
into a development contract for the mission.
(c) Application.--This section shall not apply to any mission for
which development has begun prior to the date of enactment of this Act,
including the James Webb Space Telescope.
SEC. 106. 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 the Administration's safety management culture. Each
annual report shall include an evaluation of the Administration's
compliance with the recommendations of the Columbia Accident
Investigation Board.''.
SEC. 107. LESSONS LEARNED AND BEST PRACTICES.
(a) In General.--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 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.
SEC. 108. COMMERCIALIZATION PLAN.
(a) In General.--The Administrator, in consultation with 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 Science of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate.
SEC. 109. 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. Not
later than 1 year after the date of enactment of this Act, the
Administrator shall transmit the study to the Committee on Science of
the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate.
(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.--In this section, 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. 110. SPACE SHUTTLE RETURN TO FLIGHT.
It is the sense of Congress that, in keeping with the President's
Vision for Space Exploration, the Space Shuttle should return to flight
as soon as the Administrator determines that a flight can be
accomplished with an acceptable level of safety.
SEC. 111. WHISTLEBLOWER PROTECTION.
Not later than 1 year after 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 plan describing steps to be taken by
NASA to protect the employment status of NASA employees who raise or
have raised concerns about a potentially catastrophic risk to health or
safety.
TITLE II--AUTHORIZATION OF APPROPRIATIONS
SEC. 201. 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 the Administration for fiscal year 2007 and
thereafter shall be made in four accounts, `Science, Aeronautics, and
Education', `Exploration Systems', `Space Operations', 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, unless otherwise specified in law. Each account shall
include the planned full costs of Administration activities.''.
SEC. 202. FISCAL YEAR 2006.
There are authorized to be appropriated to NASA for fiscal year
2006 $16,965,650,000, as follows:
(1) For Science, Aeronautics and Education (including
amounts for construction of facilities), $6,870,250,000 of
which--
(A) $962,000,000 shall be for Aeronautics;
(B) $150,000,000 shall be for a Hubble Space
Telescope servicing mission;
(C) $24,000,000 shall be for the National Space
Grant College and Fellowship Program; and
(D) $8,900,000 for the Science and Technology
Scholarship Program.
(2) For Exploration Systems (including amounts for
construction of facilities), $3,844,100,000.
(3) For Space Operations (including amounts for
construction of facilities), $6,218,900,000.
(4) For the Office of Inspector General, $32,400,000.
SEC. 203. FISCAL YEAR 2007.
There are authorized to be appropriated to NASA for fiscal year
2007 $17,726,800,000, as follows:
(1) For Science, Aeronautics and Education (including
amounts for construction of facilities), $7,331,600,000 of
which--
(A) $990,000,000 shall be for Aeronautics; and
(B) $24,000,000 shall be for the National Space
Grant College and Fellowship Program.
(2) For Exploration Systems (including amounts for
construction of facilities), $4,514,000,000.
(3) For Space Operations (including amounts for
construction of facilities), $5,847,700,000.
(4) For the Office of Inspector General, $33,500,000.
SEC. 204. ISS RESEARCH.
The Administrator shall allocate at least 15 percent of the funds
budgeted for ISS research to research that is not directly related to
supporting the human exploration program.
SEC. 205. TEST FACILITIES.
(a) Charges.--The Administrator shall establish a policy of
charging users of NASA's test facilities for the costs associated with
their tests at a level that is competitive with alternative test
facilities. As a general principle, NASA shall not seek to recover the
full costs of the operation of those facilities from the users. The
Administrator shall not implement a policy of seeking full cost
recovery for a facility until at least 30 days after transmitting a
notice to the Committee on Science of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate.
(b) Funding Account.--The Administrator shall establish a funding
account that shall be used for all test facilities. The account shall
be sufficient to maintain the viability of test facilities during
periods of low utilization.
SEC. 206. PROPORTIONALITY.
If the total amount appropriated for NASA pursuant to section 202
or 203 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. 207. 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
202 or 203, unless a period of 30 days has passed after the receipt, by
the Committee on Science of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate, 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 Science of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate
fully and currently informed with respect to all activities and
responsibilities within the jurisdiction of those Committees.
SEC. 208. 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. 209. COST OVERRUNS.
When reprogramming funds to cover unexpected cost growth within a
program, the Administrator shall, to the maximum extent practicable,
protect funds intended for fundamental and applied Research and
Analysis.
SEC. 210. OFFICIAL REPRESENTATIONAL FUND.
Amounts appropriated pursuant to this Act may be used, but not to
exceed a total of $35,000 in any fiscal year, for official reception
and representation expenses.
SEC. 211. 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.
TITLE III--SCIENCE
Subtitle A--General Provisions
SEC. 301. PERFORMANCE ASSESSMENTS.
(a) In General.--Performance of each discipline in the Science
account of NASA shall be reviewed and assessed by the National Academy
of Sciences at 5-year intervals.
(b) Timing.--Beginning with the first fiscal year following the
date of enactment of this Act, the Administrator shall select at least
one discipline for review under this section. The Administrator shall
select disciplines so that all disciplines will have received their
first review within six fiscal years of the date of enactment of this
Act.
(c) Reports.--Not later than March 1 of each year, beginning with
the first fiscal year after the date of enactment of this Act, the
Administrator shall transmit a report to the Committee on Science of
the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate--
(1) setting forth in detail the results of any external
review under subsection (a);
(2) setting forth in detail actions taken by NASA in
response to any external review; and
(3) including a summary of findings and recommendations
from any other relevant external reviews of NASA's science
mission priorities and programs.
SEC. 302. 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, answers to profound scientific questions. In accordance with
the recommendations of the National Academy of Sciences study titled
``Assessment of Options for Extending the Life of the Hubble Space
Telescope'', 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
Administrator shall determine the schedule for a Space Shuttle
servicing mission to the Hubble Space Telescope, 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
Science of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a status report on plans for
a Hubble Space Telescope servicing mission.
SEC. 303. 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 Science of the House of Representatives
and the Committee on Commerce, Science, and Transportation of the
Senate not later than 180 days after the date of enactment of this Act.
SEC. 304. 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 Science of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
SEC. 305. 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 Science of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate an assessment of microgravity
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; and
(3) carry out, to the maximum extent practicable 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.
(b) On-Orbit Capabilities.--The Administrator shall ensure that the
on-orbit analytical capabilities of the ISS are sufficient to support
any diagnostic human research and on-orbit characterization of
molecular crystal growth, cellular research, and other research that
NASA believes is necessary to conduct, but for which NASA lacks the
capacity to return the materials that need to be analyzed 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.
SEC. 306. COORDINATION WITH THE NATIONAL OCEANIC AND ATMOSPHERIC
ADMINISTRATION.
(a) Joint Working Group.--The Administrator and the Administrator
of the National Oceanic and Atmospheric Administration shall appoint a
Joint Working Group, which shall review and monitor missions of the two
agencies to ensure maximum coordination in the design, operation, and
transition of missions. The Joint Working Group shall also prepare the
transition plans required by subsection (c).
(b) Coordination Report.--Not later than February 15 of each year,
the Administrator and the Administrator of the National Oceanic and
Atmospheric Administration shall jointly transmit a report to the
Committee on Science of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate on how the earth
science programs of the National Oceanic and Atmospheric Administration
and NASA will be coordinated during the fiscal year following the
fiscal year in which the report is transmitted.
(c) Coordination of Transition Planning and Reporting.--The
Administrator, in conjunction with the Administrator of the National
Oceanic and Atmospheric Administration, shall evaluate all NASA
missions for their potential operational capabilities and shall prepare
transition plans for all existing and future Earth observing systems
found to have potential operational capabilities and all National
Oceanic and Atmospheric Administration operational space-based systems.
(d) Limitation.--The Administrator shall not transfer any NASA
earth science mission or Earth observing system to the National Oceanic
and Atmospheric Administration until the transition plan required under
subsection (c) has been approved by the Administrator and the
Administrator of the National Oceanic and Atmospheric Administration
and until financial resources have been identified to support the
transition or transfer in the President's budget request for the
National Oceanic and Atmospheric Administration.
Subtitle B--Remote Sensing
SEC. 311. 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. 312. 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. 313. 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 312. 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 312.
(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 312 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. 314. DATA AVAILABILITY.
The Administrator shall ensure that the results of each of the
pilot projects completed under section 312 shall be retrievable through
an electronic, Internet-accessible database.
SEC. 315. 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. 321. 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 NASA
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 NASA
could employ to divert an object on a likely collision
course with Earth.
TITLE IV--AERONAUTICS
SEC. 401. 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. 411. 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. 421. ENVIRONMENTAL AIRCRAFT RESEARCH AND DEVELOPMENT INITIATIVE.
(a) Objective.--The Administrator may 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) 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. 422. CIVIL SUPERSONIC TRANSPORT RESEARCH AND DEVELOPMENT
INITIATIVE.
The Administrator may 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.
SEC. 423. ROTORCRAFT AND OTHER RUNWAY-INDEPENDENT AIR VEHICLES RESEARCH
AND DEVELOPMENT INITIATIVE.
The Administrator may 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.
Subtitle C--Other NASA Aeronautics Research and Development Activities
SEC. 431. 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. 432. 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. 433. 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. 434. ZERO-EMISSIONS AIRCRAFT RESEARCH.
(a) Objective.--The Administrator may 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 may 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. 435. MARS AIRCRAFT RESEARCH.
(a) Objective.--The Administrator may 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 may 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. 436. HYPERSONICS RESEARCH.
The Administrator may 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.
SEC. 437. 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. 438. AVIATION WEATHER RESEARCH.
The Administrator may 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. 439. ASSESSMENT OF WAKE TURBULENCE RESEARCH AND DEVELOPMENT
PROGRAM.
(a) Assessment.--The Administrator may 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. 440. UNIVERSITY-BASED CENTERS.
(a) In General.--The Administrator may award grants to institutions
of higher education (or consortia thereof) to establish one or more
centers for the purpose described in subsection (b).
(b) Purpose.--The purpose of the centers is to conduct basic and
applied research on the impact of new technologies and procedures,
particularly those related to aeronautical navigation and control.
(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 V--HUMAN SPACE FLIGHT
SEC. 501. INTERNATIONAL SPACE STATION COMPLETION.
(a) Elements, Capabilities, and Configuration Criteria.--The
Administrator shall ensure that the ISS will be able to--
(1) be used for a diverse range of microgravity research,
including fundamental, applied, and commercial research;
(2) have an ability to support crew size of at least 6
persons, unless the Administrator transmits a report to the
Committee on Science of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate prior to awarding a development contract for the Crew
Exploration Vehicle, explaining why such a requirement should
not be met and the impact of not meeting the requirement on the
ISS research agenda and operations;
(3) support Crew Exploration Vehicle docking and automated
docking of cargo vehicles or modules launched by either heavy-
lift or commercially-developed launch vehicles; and
(4) 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
require sufficient surge delivery capability or 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 Science of
the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate NASA's plan to meet the requirements
of subsections (a) and (b).
(d) Centrifuge.--Nothing in this Act shall be construed to prohibit
the installation of the centrifuge on the ISS.
SEC. 502. HUMAN EXPLORATION PRIORITIES.
(a) In General.--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.
SEC. 503. GAO ASSESSMENT.
Not later than 9 months after the date of enactment of this Act,
the Comptroller General shall transmit to the Committee on Science of
the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate an assessment of the milestones and
estimated costs of the plans submitted under section 102(a)(7).
TITLE VI--OTHER PROGRAM AREAS
Subtitle A--Space and Flight Support
SEC. 601. 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. 602. SECONDARY PAYLOAD CAPABILITY.
The Administrator is encouraged to provide the capabilities to
support secondary payloads on United States launch vehicles, including
freeflyers, for satellites or scientific payloads.
Subtitle B--Education
SEC. 611. 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. 612. 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--
(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. 613. 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. 614. 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 Science of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate the report
required under subsection (a).
SEC. 615. 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 Science of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate
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. As part of the report, the
Administrator shall provide data on minority participation in NASA's
education programs, at a minimum in the following categories:
elementary and secondary education, undergraduate education, and
graduate education.
SEC. 616. MUSEUMS.
The Administrator may provide grants to, and enter into cooperative
agreements with museums and planetariums to enable them to enhance
programs related to space exploration, aeronautics, space science,
earth science, or microgravity.
SEC. 617. REVIEW OF MUST PROGRAM.
Not later than 60 days after the date of enactment of this Act, the
Administrator shall transmit a report to Congress on the legal status
of the Motivating Undergraduates in Science and Technology program. If
the report concludes that the program is in compliance with the laws of
the United States, NASA shall implement the program, as planned in the
July 5, 2005 National Research Announcement.
TITLE VII--MISCELLANEOUS AMENDMENTS
SEC. 701. RETROCESSION OF JURISDICTION.
The National Aeronautics and Space Act of 1958 (42 U.S.C. 2451 et
seq.) is amended by adding at the end of title III the following new
section:
``retrocession of jurisdiction
``Sec. 316. (a) Notwithstanding any other provision of law, the
Administrator may relinquish to a State all or part of the legislative
jurisdiction of the United States over lands or interests under the
control of the Administrator in that State.
``(b) For purposes of this section, the term `State' means any of
the several States, the District of Columbia, the Commonwealth of
Puerto Rico, the United States Virgin Islands, Guam, American Samoa,
the Northern Mariana Islands, and any other commonwealth, territory, or
possession of the United States.''.
SEC. 702. EXTENSION OF INDEMNIFICATION.
Section 309 of the National Aeronautics and Space Act of 1958 (42
U.S.C. 2458c) is amended in subsection (f)(1) by striking ``December
31, 2002'' through ``September 30, 2005'' and inserting, ``December 31,
2010, except that the Administrator may extend the termination date to
a date not later than September 30, 2015, if the Administrator has
entered into an arrangement with the National Academy of Public
Administration to determine the impact on private parties and the
Federal Government of eliminating this section''.
SEC. 703. NASA SCHOLARSHIPS.
(a) Amendments.--Section 9809 of title 5, United States Code, is
amended--
(1) in subsection (a)(2) by striking ``Act.'' and inserting
``Act (42 U.S.C. 1885a or 1885b).'';
(2) in subsection (c) by striking ``require.'' and
inserting ``require to carry out this section.'';
(3) in subsection (f)(1) by striking the last sentence; and
(4) in subsection (g)(2) by striking ``Treasurer of the''
and all that follows through ``by 3'' and inserting ``Treasurer
of the United States''.
(b) Repeal.--The Vision 100--Century of Aviation Reauthorization
Act is amended by striking section 703 (42 U.S.C. 2473e).
SEC. 704. 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 ``Chief Financial Officer'' each place it
appears in subsection (a) and inserting ``Administrator'';
(3) by inserting ``and consider'' in subsection (a) after
``shall conduct''; and
(4) 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. 705. 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.
(d) Consistency With International Agreements.--The provisions of
this section shall not apply to the extent that they are inconsistent
with obligations of the United States under international agreements.
(e) Annual Report.--The Administrator shall submit to Congress, not
later than 120 days after the end of each fiscal year, a report on the
contracts performed overseas and amount of purchases by NASA from
foreign entities in that fiscal year. Such report shall separately
indicate the dollar value of contracts for which the provisions of this
section were waived and the dollar value of items for which the Buy
American Act was waived pursuant to obligations of the United States
under international agreements.
SEC. 706. LONG DURATION FLIGHT.
No provision of this or any other Act shall be construed to
prohibit NASA from accommodating the exercise of religion by astronauts
engaged in long duration space flight missions.
TITLE VIII--INDEPENDENT COMMISSIONS
SEC. 801. DEFINITIONS.
For purposes of this title--
(1) the term ``Commission'' means a Commission established
under this title; and
(2) the term ``incident'' means either an accident or a
deliberate act.
Subtitle A--International Space Station Independent Safety Commission
SEC. 811. 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. 812. TASKS OF THE COMMISSION.
The Commission established under section 811 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
related to ISS safety.
(4) Prepare a report to Congress, the President, and the
public.
SEC. 813. SUNSET.
The Commission established under this subtitle shall transmit its
final report not later than 1 year after the date on which the full
Commission membership is appointed.
Subtitle B--Human Space Flight Independent Investigation Commission
SEC. 821. 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
that is owned by the Federal Government or that is being used
pursuant to a contract with the Federal Government; or
(4) 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. 822. 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.
Subtitle C--Organization and Operation of Commissions
SEC. 831. 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 President shall appoint the members, and shall
designate the Chairman and Vice Chairman of the Commission from
among its members.
(2) Four of the 15 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.
(3) 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 number of NASA engineers.
(4) No officer or employee of the Federal Government shall
serve as a member of the Commission.
(5) No member of the Commission shall have, or have
pending, a contractual relationship with NASA.
(6) 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.
(7) 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.
(8) To the extent practicable, the President shall seek
diversity in the membership of the Commission.
(9) The President may waive the prohibitions in paragraphs
(5) and (6) with respect to the selection of not more than two
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. 832. POWERS OF COMMISSION.
(a) 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--
(1) hold such hearings and sit and act at such times and
places, take such testimony, receive such evidence, administer
such oaths; and
(2) 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.
(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.
SEC. 833. 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. 834. STAFF OF COMMISSION.
(a) 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.
(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. 835. 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. 836. 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. 837. 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.
Attest:
Clerk.
109th CONGRESS
1st Session
S. 1281
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AMENDMENT