[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1281 Enrolled Bill (ENR)]
S.1281
One Hundred Ninth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the fourth day of January, two thousand and five
An Act
To authorize the programs of the National Aeronautics and Space
Administration.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``National
Aeronautics and Space Administration Authorization Act of 2005''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. 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. Whistleblower protection.
TITLE II--AUTHORIZATION OF APPROPRIATIONS
Sec. 201. Structure of budget accounts.
Sec. 202. Fiscal year 2007.
Sec. 203. Fiscal year 2008.
Sec. 204. ISS research.
Sec. 205. Test facilities.
Sec. 206. Official representation fund.
Sec. 207. ISS cost cap.
TITLE III--SCIENCE
Subtitle A--General Provisions
Sec. 301. Performance assessments.
Sec. 302. Status 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.
Sec. 307. Review and report on Headquarters Earth-Sun System Applied
Sciences Program.
Subtitle B--Remote Sensing
Sec. 311. Definitions.
Sec. 312. General responsibilities.
Sec. 313. Pilot projects to encourage public sector applications.
Sec. 314. Program evaluation.
Sec. 315. Data availability.
Sec. 316. 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--Governmental Interest in Aeronautics Research and
Development
Sec. 411. Governmental interest.
Subtitle B--High Priority Aeronautics Research and Development Programs
Sec. 421. Fundamental research program.
Sec. 422. Research and technology programs.
Sec. 423. Airspace systems research.
Sec. 424. Aviation safety and security research.
Sec. 425. Aviation weather research.
Sec. 426. Assessment of wake turbulence research and development
program.
Sec. 427. University-based Centers for Research on Aviation Training.
Subtitle C--Scholarships
Sec. 431. NASA aeronautics scholarships.
Subtitle D--Data Requests
Sec. 441. Aviation data requests.
TITLE V--HUMAN SPACE FLIGHT
Sec. 501. Space Shuttle follow-on.
Sec. 502. Transition.
Sec. 503. Requirements.
Sec. 504. Ground-based analog capabilities.
Sec. 505. ISS completion.
Sec. 506. ISS research.
Sec. 507. National laboratory designation.
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.
Sec. 618. Continuation of certain education programs.
Sec. 619. Implementation of previous recommendations.
Subtitle C--Technology Transfer
Sec. 621. Commercial technology transfer program.
TITLE VII--MISCELLANEOUS PROVISIONS
Subtitle A--National Aeronautics and Space Administration
Sec. 701. Retrocession of jurisdiction.
Sec. 702. Extension of indemnification.
Sec. 703. NASA scholarships.
Sec. 704. Independent cost analysis.
Sec. 705. Recovery and disposition authority.
Sec. 706. Changes to existing laws on reports.
Sec. 707. Small business contracting.
Sec. 708. NASA healthcare program.
Sec. 709. Offshore performance of contracts for the procurement of goods
and services.
Sec. 710. Study on enhanced use leasing.
Subtitle B--National Science Foundation
Sec. 721. Data on specific fields of study.
Sec. 722. National Science Foundation major research equipment and
facilities.
TITLE VIII--TASK FORCE AND COMMISSION
Subtitle A--International Space Station Independent Safety Task Force
Sec. 801. Establishment of task force.
Sec. 802. Tasks of the task force.
Sec. 803. Composition of the task force.
Sec. 804. Reporting requirements.
Sec. 805. Sunset.
Subtitle B--Human Space Flight Independent Investigation Commission
Sec. 821. Definitions.
Sec. 822. Establishment of Commission.
Sec. 823. Tasks of the Commission.
Sec. 824. Composition of Commission.
Sec. 825. Powers of Commission.
Sec. 826. Public meetings, information, and hearings.
Sec. 827. Staff of Commission.
Sec. 828. Compensation and travel expenses.
Sec. 829. Security clearances for Commission members and staff.
Sec. 830. Reporting requirements and termination.
SEC. 2. 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 the Moon and other
planets and their moons, 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; and
(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, including to the International Space
Station, to the extent practicable;
(iii) using commercially available products (including
software) and services to the extent practicable to support
all NASA activities; and
(iv) encouraging commercial use and development of
space to the greatest extent practicable; and
(C) involve other nations to the extent appropriate.
(b) Vision for Space Exploration.--
(1) In general.--The Administrator shall establish a program to
develop a sustained human presence on the Moon, including a robust
precursor program, to promote exploration, science, commerce, and
United States preeminence in space, and as a stepping-stone to
future exploration of Mars and other destinations. The
Administrator is further authorized to develop and conduct
appropriate international collaborations in pursuit of these goals.
(2) Milestones.--The Administrator shall manage human space
flight programs to strive to achieve the following milestones (in
conformity with section 503)--
(A) Returning Americans to the Moon no later than 2020.
(B) Launching the Crew Exploration Vehicle as close to 2010
as possible.
(C) Increasing knowledge of the impacts of long duration
stays in space on the human body using the most appropriate
facilities available, including the ISS.
(D) 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 an
official the President shall designate, and in consultation with
appropriate Federal agencies, shall develop a national policy to
guide the aeronautics research and development programs of the
United States through 2020. The policy shall include national goals
for aeronautics research and development and shall describe the
role and responsibilities of each Federal agency that will carry
out the policy. The development of the policy shall utilize
external studies that have been conducted on the state of United
States aeronautics and aviation research and development and have
suggested policies to ensure continued competitiveness.
(2) Content.--(A) At a minimum, the national aeronautics
research and development policy shall describe for NASA--
(i) the priority areas of research for aeronautics through
fiscal year 2011;
(ii) the basis on which and the process by which priorities
for ensuing fiscal years will be selected;
(iii) the facilities and personnel needed to carry out the
aeronautics program through fiscal year 2011; and
(iv) the budget assumptions on which the policy is based,
which for fiscal years 2007 and 2008 shall be the authorized
level for aeronautics provided in title II of this Act.
(B) The policy shall be based on the premises that--
(i) the Federal Government has an established interest in
conducting research and development programs for improving the
usefulness, performance, speed, safety, and efficiency of
aeronautical vehicles, as described in section 102(d)(2) of the
National Aeronautics and Space Act of 1958 (42 U.S.C.
2451(d)(2)); and
(ii) the Federal Government has an established interest in
conducting research and development programs that help preserve
the role of the United States as a global leader in
aeronautical technologies and in their application, as
described in section 102(d)(5) of the National Aeronautics and
Space Act of 1958 (42 U.S.C. 2451(d)(5)).
(3) Considerations.--In developing the national aeronautics
research and development 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 of that decision on the United States economy,
and the ability to achieve environmental and other public goals
related to aeronautics.
(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 conduct research in-
house, fund university research, and collaborate on industry
research, and the expected impact of that mix of 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 research and development policy, the President 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 policy.
(5) Schedule.--(A) Not later than 1 year after the date of
enactment of this Act, the President shall transmit the national
aeronautics research and development policy to the Committee on
Appropriations of the House of Representatives, the Committee on
Appropriations of the Senate, the Committee on Science of the House
of Representatives, and the Committee on Commerce, Science, and
Transportation of the Senate.
(B) Not later than 60 days after the transmittal of the policy
under subparagraph (A), the Administrator shall transmit to the
Committee on Appropriations of the House of Representatives, the
Committee on Appropriations of the Senate, the Committee on Science
of the House of Representatives, and the Committee on Commerce,
Science, and Transportation of the Senate a report describing how
NASA will carry out the policy.
(C) At the time the President's fiscal year 2007 budget is
transmitted to the Congress, the Administrator shall transmit to
the Committee on Appropriations of the House of Representatives,
the Committee on Appropriations of the Senate, the Committee on
Science of the House of Representatives, and the Committee on
Commerce, Science, and Transportation of the Senate a report on the
proposed NASA aeronautics budget describing--
(i) the rationale for the budget levels and activities in
the proposed fiscal year 2007 NASA aeronautics budget;
(ii) the extent to which the program directions proposed
for fiscal year 2007 are likely to be consistent with the
national policy being prepared under this section; and
(iii) the extent to which the proposed programs for fiscal
year 2007 are consistent with past reports and current studies
of the National Academy of Sciences, and other relevant reports
and studies.
(d) Science.--
(1) In general.--The Administrator shall develop a plan to
guide the science programs of NASA through 2016.
(2) Content.--At a minimum, the plan developed under paragraph
(1) shall be designed to ensure that NASA has a rich and vigorous
set of science activities, and 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; and
(C) the budget assumptions on which the policy is based,
which for fiscal years 2007 and 2008 shall be consistent with
the authorizations provided in title II of this Act.
(3) Considerations.--In developing the science plan 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) How to best benefit from the relationship between
NASA's space and earth science activities and those of other
Federal agencies.
(C) Whether the Magnetospheric Multiscale Mission, SIM-
Planet Quest, and missions under the Future Explorers Programs
can be expedited to meet previous schedules.
(D) Whether any NASA Earth observing missions that have
been delayed or cancelled can be restored.
(E) How to ensure the long-term vitality of Earth
observation programs at NASA, including their satellite,
science, and data system components.
(F) Whether current and currently planned Earth observation
missions should be supplemented or replaced with new satellite
architectures and instruments that enable global coverage, and
all-weather, day and night imaging of the Earth's surface
features.
(G) How to integrate NASA earth science missions with the
Global Earth Observing System of Systems.
(4) Consultation.--In developing the plan 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 plan 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 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 1 year after the
date of enactment of this Act. The Administrator shall make
available to those committees any study done by a nongovernmental
entity that was used in the development of the plan.
(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 developed under paragraph
(1) 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,
refurbish, or upgrade, and the expected dates for doing so;
(C) any facilities NASA intends to close, and the expected
dates for doing so;
(D) any transactions 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 2007 and 2008 shall be consistent with the authorizations
provided in title II of this Act, including the funding levels
for maintenance and repairs; 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. Under the strategy, NASA shall utilize
current personnel, to the maximum extent feasible, in implementing
the vision for space exploration and NASA's other programs. The
strategy shall cover the period through fiscal year 2011.
(2) Content.--The strategy developed under paragraph (1) 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 2007 and 2008 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 60 days after 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 implement any Reduction in Force
or other involuntary separations (except for cause) prior to March
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 conducted under paragraph (1) 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.--
(1) Categories.--The proposed budget for NASA submitted by the
President for each fiscal year shall be accompanied by documents
showing--
(A) by program--
(i) the budget for space operations, including the ISS
and the Space Shuttle;
(ii) the budget for exploration systems;
(iii) the budget for aeronautics;
(iv) the budget for space science;
(v) the budget for earth science;
(vi) the budget for microgravity science;
(vii) the budget for education;
(viii) the budget for safety oversight; and
(ix) the budget for public relations;
(B) the budget for technology transfer programs;
(C) the budget for the Integrated Enterprise Management
Program, by individual element;
(D) the budget for the Independent Technical Authority,
both total and by center;
(E) the total budget for the prize program under section
104, and the administrative budget for that program; and
(F) the comparable figures for at least the 2 previous
fiscal years for each item in the proposed budget.
(2) Sense of congress regarding evaluation criteria for budget
requests.--It is the sense of the Congress that each budget of the
United States submitted to the Congress after the date of enactment
of this Act should be evaluated for compliance with the findings
and priorities established by this Act and the amendments made by
this Act.
(i) Additional Budget Information.--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--
(1) information on corporate and center general and
administrative costs and service pool costs, including--
(A) 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;
(B) the amount of funds being allocated for those purposes
for each center, for headquarters, and for each directorate;
and
(C) the major activities included in each cost category;
and
(2) the figures on 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.
(j) NASA Aeronautics Test Facilities and Simulators.--
(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 aeronautics 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)(A)(iii). The review shall take into consideration the
results of the study conducted pursuant to the instructions on page
582 of the conference report (H. Rept. 108-767) to accompany the
Ronald W. Reagan National Defense Authorization Act for Fiscal Year
2005 (P.L. 108-375).
(2) Limitation.--The Administrator shall not close or mothball
any aeronautics test facilities identified in the 2003 independent
assessment by the RAND Corporation titled ``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,
or any aeronautics simulators, that were in use as of January 1,
2004, with the exception of the already closed 16-foot transonic
tunnel, until--
(A) the review conducted under paragraph (1) has been
transmitted to the Congress; and
(B) 60 days after the Administrator has transmitted to the
Committee on Appropriations and the Committee on Science of the
House of Representatives and the Committee on Appropriations
and the Committee on Commerce, Science, and Transportation of
the Senate a written certification that the proposed closure
will not have an adverse impact on NASA's ability to execute
the national policy developed under subsection (c) and to
achieve the goals described in that policy.
Subparagraph (B) shall cease to be effective five years after the
date the study required by this section has been transmitted to the
Congress.
SEC. 102. REPORTS.
(a) National Awareness Campaign.--
(1) In general.--The Administrator shall implement, beginning
not later than May 1, 2006, a national awareness campaign through
various media, including print, radio, television, and the
Internet, to articulate missions, publicize recent accomplishments,
and facilitate efforts to encourage young Americans to enter the
fields of science, mathematics, and engineering to help maintain
United States leadership in those fields.
(2) Reports.--(A) Not later than April 1, 2006, the
Administrator shall transmit a plan to the Committee on Science of
the House of Representatives 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 paragraph (1) 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 subparagraph, but the plan shall include a description of any
activities undertaken prior to the transmittal and the estimated
cost of those activities.
(B) Not later than three years 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 an assessment
of the impact of the national awareness campaign.
(b) Budget Information.--Not later than April 30, 2006, 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 describing--
(1) the expected cost of the Crew Exploration Vehicle through
fiscal year 2020, based on the public specifications for that
development contract; and
(2) the expected budgets for each fiscal year through 2020 for
human spaceflight, 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
confidence level for each of the cost estimates used in this
section.
(c) Space Communications Plan.--
(1) Plan.--The Administrator shall develop a plan, in
consultation with relevant Federal agencies, 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 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. At a minimum, the plan
shall include a description of the following:
(A) Projected Deep Space Network requirements for the next
20 years, 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).
(E) Projected Tracking and Data Relay Satellite System
requirements for the next 20 years, including those in support
of other relevant Federal agencies.
(F) Cost and schedule estimates to maintain and upgrade the
Tracking and Data Relay Satellite System to meet projected
requirements.
(2) Consultations.--The Administrator shall consult with other
relevant Federal agencies in developing the plan under this
subsection.
(3) Schedule.--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) 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 July 15, 2006, 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.
(e) Office of Science and Technology Policy.--
(1) Study.--As part of ongoing efforts to coordinate research
and development across the Federal agencies, 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 one year after the date of
enactment of this Act, 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 in response to the
findings of the study required by paragraph (1); 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.
(3) Contract.--The Director of the Office of Science and
Technology Policy may contract with a nongovernmental entity to
conduct the study required by paragraph (1).
SEC. 103. BASELINES AND COST CONTROLS.
(a) Conditions for Development.--
(1) In general.--NASA shall not enter into a contract for the
development 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;
(B) the technologies required for the program have been
demonstrated in a relevant laboratory or test environment; and
(C) 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.--Annually, at the same time as the President's
annual budget submission to the Congress, 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 that includes the information
required by this section for each major program for which NASA
proposes to expend funds in the subsequent fiscal year. Reports
under this paragraph 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 development
is completed;
(C) the schedule for development, including key program
milestones;
(D) the plan for mitigating technical, cost, and schedule
risks identified 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 for which a
Baseline Report has been 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)(E) 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 30 days after the notification
required under paragraph (1), the individual identified under
subsection (b)(2)(E) 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 15 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 15 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, or the actions described under subparagraph
(B), 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 30 percent, 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
specific 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 $250,000,000.
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 Federal 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,
for 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 Federal Government for damage or loss to Government
property resulting from such an activity.
``(g) Judges.--For each competition, the Administration, either
directly or through an agreement 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) Prizes under this section may consist of
Federal appropriated funds and funds provided by the private sector for
such cash prizes. The Administrator may accept funds from other Federal
agencies for such cash prizes. 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 transmitted to the Committee on Science of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
``(5) No prize competition under this section may result in the
award of more than $1,000,000 in cash prizes without the approval of
the Administrator.
``(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
non-proliferation laws, and related regulations.''.
SEC. 105. FOREIGN LAUNCH VEHICLES.
(a) Accord With Space Transportation Policy.--NASA shall not launch
a payload on a foreign launch vehicle except in accordance with the
Space Transportation Policy announced by the President on December 21,
2004. This subsection shall not be construed to prevent the President
from waiving the Space Transportation Policy.
(b) Interagency Coordination.--NASA shall not launch a payload 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 payload.
(c) Application.--This section shall not apply to any payload 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'';
(2) by striking ``to it'' and inserting ``to it, including
evaluating NASA'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 related to safety. The
Panel shall also''; and
(5) by adding at the end the following:
``(b) Annual Report.--The Panel shall submit an annual report to
the Administrator and to the Congress. In the first annual report
submitted after the date of enactment of the National Aeronautics and
Space Administration Authorization Act of 2005, the Panel shall include
an evaluation of NASA's management and culture related to safety. Each
annual report shall include an evaluation of the Administration's
compliance with the recommendations of the Columbia Accident
Investigation Board through retirement of the Space Shuttle.''.
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. The plan shall also emphasize the utilization by NASA
of advancements made by the private sector in space launch and orbital
hardware, and shall include opportunities for innovative collaborations
between NASA and the private sector under existing authorities of NASA
for reimbursable and nonreimbursable agreements under the National
Aeronautics and Space Act of 1958 (42 U.S.C. 2451 et seq.).
(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. WHISTLEBLOWER PROTECTION.
(a) In General.--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 from retaliation NASA employees who raise
concerns about substantial and specific dangers to public health and
safety or about substantial and specific factors that could threaten
the success of a mission. The plan shall be designed to ensure that
NASA employees have the full protection required by law. The
Administrator shall implement the plan not more than 1 year after its
transmittal.
(b) Goal.--The Administrator shall ensure that the plan describes a
system that will protect employees who wish to raise or have raised
concerns described in subsection (a).
(c) Plan.--At a minimum, the plan shall include, consistent with
Federal law--
(1) a reporting structure that ensures that the officials who
are the subject of a whistleblower's complaint will not learn the
identity of the whistleblower;
(2) a single point to which all complaints can be made without
fear of retribution;
(3) procedures to enable the whistleblower to track the status
of the case;
(4) activities to educate employees about their rights as
whistleblowers and how they are protected by law;
(5) activities to educate employees about their obligations to
report concerns and their accountability before and after receiving
the results of the investigations into their concerns; and
(6) activities to educate all appropriate NASA Human Resources
professionals, and all NASA managers and supervisors, regarding
personnel laws, rules, and regulations.
(d) Report.--Not later than February 15 of each year beginning with
the 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 on the concerns described in subsection
(a) that were raised during the previous fiscal year. At a minimum, the
report shall provide--
(1) the number of concerns that were raised, divided into the
categories of safety and health, mission assurance, and
mismanagement, and the disposition of those concerns, including
whether any employee was disciplined as a result of a concern
having been raised; and
(2) any recommendations for reforms to further prevent
retribution against employees who raise concerns.
TITLE II--AUTHORIZATION OF APPROPRIATIONS
SEC. 201. STRUCTURE OF BUDGET ACCOUNTS.
Section 313 of the National Aeronautics and Space Act of 1958 (42
U.S.C. 2459f) is amended--
(1) by amending subsection (a) to read as follows:
``(a)(1) Appropriations for the Administration for fiscal year 2007
and thereafter shall be made in three accounts, `Science, Aeronautics,
and Education', `Exploration Systems and Space Operations', and an
account for amounts appropriated for the necessary expenses of the
Office of the Inspector General.
``(2) Within the Exploration Systems and Space Operations account,
no more than 10 percent of the funds for a fiscal year for Exploration
Systems may be reprogrammed for Space Operations, and no more than 10
percent of the funds for a fiscal year for Space Operations may be
reprogrammed for Exploration Systems. This paragraph shall not apply to
reprogramming for the purposes described in subsection (b)(2).
``(3) Appropriations shall remain available for two fiscal years,
unless otherwise specified in law. Each account shall include the
planned full costs of Administration activities.''; and
(2) in subsection (b)--
(A) by inserting ``(1)'' before ``To ensure''; and
(B) by adding at the end the following new paragraph:
``(2) The Administration may also transfer amounts among accounts
for the immediate costs of recovering from damage caused by a major
disaster (as defined in section 102 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5122)) or by an act of
terrorism, or for the immediate costs associated with an emergency
rescue of astronauts.''.
SEC. 202. FISCAL YEAR 2007.
There are authorized to be appropriated to NASA for fiscal year
2007, $17,932,000,000, as follows:
(1) For Science, Aeronautics, and Education (including amounts
for construction of facilities), $7,136,800,000, of which
$962,000,000 shall be for Aeronautics.
(2) For Exploration Systems and Space Operations (including
amounts for construction of facilities), $10,761,700,000, of which
$6,618,600,000 shall be for Space Operations.
(3) For the Office of Inspector General, $33,500,000.
SEC. 203. FISCAL YEAR 2008.
There are authorized to be appropriated to NASA for fiscal year
2008, $18,686,300,000 as follows:
(1) For Science, Aeronautics, and Education (including amounts
for construction of facilities), $7,747,800,000, of which
$990,000,000 shall be for Aeronautics.
(2) For Exploration Systems and Space Operations (including
amounts for construction of facilities), $10,903,900,000, of which
$6,546,600,000 shall be for Space Operations.
(3) For the Office of Inspector General, $34,600,000.
SEC. 204. ISS RESEARCH.
Beginning with fiscal year 2006, the Administrator shall allocate
at least 15 percent of the funds budgeted for ISS research to ground-
based, free-flyer, and ISS life and microgravity science research that
is not directly related to supporting the human exploration program,
consistent with section 305.
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. 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.--In planning and budgeting, 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. OFFICIAL REPRESENTATION FUND.
Amounts appropriated pursuant to this Act may be used, but not to
exceed a total of $70,000 in any fiscal year, for official reception
and representation expenses.
SEC. 207. ISS COST CAP.
(a) Report.--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 providing the
current expected development costs of the ISS and describing any
changes to those costs that have occurred because of the grounding of
the Space Shuttle after the loss of the Space Shuttle Columbia and
because of the implementation of full-cost accounting.
(b) Repeal.--Thirty days after the transmittal of the report
described in subsection (a), section 202 of the National Aeronautics
and Space Administration 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.--The performance of each division in the Science
directorate 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 division for review under this section. The Administrator shall
select divisions 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 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 Operational 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 Operational Environmental Satellite System spacecraft compared
with undertaking various alternatives, including a dedicated Landsat
data ``gap-filler'' mission followed by the incorporation of the
Landsat instrument on the second National Polar-Orbiting Operational
Environmental Satellite System spacecraft. The assessment shall also
include an evaluation of the budgetary requirements of each of the
options under consideration.
(b) Report.--
(1) Deadline.--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 unless, prior to that date, NASA cancels
plans to fly the Landsat instrument on the first National Polar-
Orbiting Operational Environmental Satellite System spacecraft.
(2) Cancellation.--If NASA cancels such plans, the
Administrator shall--
(A) not later than 7 days after a cancellation decision,
inform the Committee on Science of the House of Representatives
and the Committee on Commerce, Science, and Transportation of
the Senate, in writing, of the cancellation; and
(B) not later than 90 days after the transmittal of the
cancellation notice, transmit to the Committee on Science of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a plan for
undertaking a dedicated gap-filler mission or alternative means
for ensuring the continuity of Landsat data, which shall
include consideration of a low-cost constellation of small
satellites.
SEC. 304. ASSESSMENT OF SCIENCE MISSION EXTENSIONS.
(a) Assessment.--The Administrator shall carry out biennial reviews
within each of the Science divisions to assess the cost and benefits of
extending the date of the termination of data collection for those
missions that have exceeded their planned mission lifetime. 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 at
least the following missions: FAST, TIMED, Cluster, Wind, Geotail,
Polar, TRACE, Ulysses, and Voyager; and
(2) for those missions that have an operational component, the
National Oceanic and Atmospheric Administration or any other
affected agency shall be consulted and the potential benefits of
instruments on missions that are beyond their planned mission
lifetime taken into account.
(b) Report.--Not later than 30 days after completing each
assessment 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.
The Administrator shall--
(1) transmit the report required by section 506;
(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 be advanced 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 in fields such as molecular
crystal growth, animal research, basic fluid physics, combustion
research, cellular biotechnology, low-temperature physics, and
cellular research at a level that will sustain the existing United
States scientific expertise and research capability in microgravity
research.
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 where appropriate. The Joint Working Group shall
also prepare the plans required by subsection (c).
(b) Coordination Report.--Not later than February 15 of each year,
beginning with the first fiscal year after the date of enactment of
this Act, 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 and in consultation with other
relevant agencies, shall evaluate relevant NASA science missions for
their potential operational capabilities and shall prepare transition
plans for the existing and future Earth observing systems found to have
potential operational capabilities.
(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 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.
SEC. 307. REVIEW AND REPORT ON HEADQUARTERS EARTH-SUN SYSTEM APPLIED
SCIENCES PROGRAM.
(a) Review.--The Administrator shall review the policies,
processes, and procedures in the planning and management of
applications research and development implemented in calendar years
2001 to 2005 within the Headquarters Earth-Sun System Applied Sciences
Program and former Earth Science Applications Program. This review
shall include--
(1) the program planning and analysis process used to formulate
applied science research and development requirements, priorities,
and solicitation schedules, including changes to the process within
the period under review, and the effects of such planning on the
quality and clarity of applied sciences research announcements;
(2) the peer review process including, but not limited to--
(A) membership selection, determination of qualifications,
and use of NASA and non-NASA reviewers;
(B) management of conflicts of interest, including
reviewers funded by the program with a significant consulting
or contractual relationship with NASA, and individuals who both
review proposals and participate in the submission of proposals
under the same solicitation announcement; and
(C) compensation of non-NASA proposal reviewers;
(3) the process for assigning or allocating applied research to
NASA researchers and to non-NASA researchers; and
(4) alternative models for NASA planning and management of
applied science and applications research, including an evaluation
of the relevance for NASA of--
(A) National Institutes of Health intramural and extramural
research program structure, peer review process, management of
conflicts of interests, compensation of reviewers, and the
effects of compensation on reviewer efficiency and quality;
(B) Department of Agriculture Cooperative State Research
Education and Extension Service program and structure, peer
review process, management of conflicts of interest,
compensation of reviewers, and the effects of compensation on
reviewer efficiency and quality;
(C) National Institutes of Health and Department of
Agriculture best practices in the planning, selection, and
management of applied sciences research and development; and
(D) any other relevant models.
(b) Report.--Not later than 1 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 describing the results of the
review conducted under subsection (a). The report shall include a plan
to ensure that the peer review process is transparent and selects
proposals in a manner that instills public and stakeholder confidence.
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. GENERAL RESPONSIBILITIES.
The Administrator shall--
(1) develop a sustained relationship with the United States
commercial remote sensing industry and, consistent with applicable
policies and law, to the maximum practicable, rely on their
services; and
(2) in conjunction with United States industry and
universities, research, develop, and demonstrate prototype earth
science applications to enhance Federal, State, local, and tribal
governments' use of government and commercial remote sensing data,
technologies, and other sources of geospatial information for
improved decision support to address their needs.
SEC. 313. 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. 314. 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 industries, to monitor the program established
under section 313. 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 313.
(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 313 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. 315. DATA AVAILABILITY.
The Administrator shall ensure that the results of each of the
pilot projects completed under section 313 shall be retrievable through
an electronic, Internet-accessible database.
SEC. 316. 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 and awareness of the
need for geospatial workforce development.
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 than 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 140 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) Fifth-year report.--The Administrator shall transmit to the
Congress, not later than February 28 of the fifth year 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) since the date of enactment of this Act.
(B) A summary of expenditures for all activities pursuant
to paragraph (1) since the date of enactment of this Act.
(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) 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--Governmental Interest in Aeronautics Research and
Development
SEC. 411. GOVERNMENTAL INTEREST.
Congress reaffirms the national commitment to aeronautics research
made in the National Aeronautics and Space Act of 1958. Aeronautics
research and development remains a core mission of NASA. NASA is the
lead agency for civil aeronautics research. Further, the government of
the United States shall promote aeronautics 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--High Priority Aeronautics Research and Development Programs
SEC. 421. FUNDAMENTAL RESEARCH PROGRAM.
(a) Objective.--In order to ensure that the Nation maintains needed
capabilities in fundamental areas of aeronautics 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) Operation.--The Administrator shall conduct the program under
this section, in part by awarding grants to institutions of higher
education. The Administrator shall encourage the participation of
institutions of higher education located in States that participate in
the Experimental Program to Stimulate Competitive Research. All grants
to institutions of higher education under this section shall be awarded
through merit review.
(c) 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.
(d) 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. 422. RESEARCH AND TECHNOLOGY PROGRAMS.
(a) Environmental Aircraft Research and Development.--The
Administrator may establish an initiative with the objective of
developing, and demonstrating in a relevant environment, 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.
(3) Emissions.--Nitrogen oxides on take-off and landing that
are significantly reduced, without adversely affecting hydrocarbons
and smoke, relative to aircraft in commercial service as of the
date of enactment of this Act.
(b) Supersonic Transport Research and Development.--The
Administrator may establish an initiative with the objective of
developing and demonstrating, in a relevant environment, airframe and
propulsion technologies to enable efficient, economical overland flight
of supersonic civil transport aircraft with no significant impact on
the environment.
(c) Rotorcraft and Other Runway-Independent Air Vehicles.--The
Administrator may establish a rotorcraft and other runway-independent
air vehicles initiative with the objective of developing and
demonstrating improved safety, noise, and environmental impact in a
relevant environment.
(d) Hypersonics Research.--The Administrator may establish a
hypersonics research program with the objective of exploring 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. The program may also include the transition to the hypersonic
range of Mach 3 to Mach 5.
(e) Revolutionary Aeronautical Concepts.--The Administrator may
establish a research program which covers a unique range of subsonic,
fixed wing vehicles and propulsion concepts. This research is intended
to push technology barriers beyond current subsonic technology.
Propulsion concepts include advanced materials, morphing engines,
hybrid engines, and fuel cells.
(f) Fuel Cell-Powered Aircraft Research.--
(1) Objective.--The Administrator may establish a fuel-cell
powered 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.
(2) 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.
(g) Mars Aircraft Research.--
(1) 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.
(2) 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. 423. 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 1 year 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. 424. 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) Alignment.--Not later than 1 year after the date of enactment
of this Act, the Administrator shall align the projects of the Aviation
Safety and Security 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. 425. 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. 426. ASSESSMENT OF WAKE TURBULENCE RESEARCH AND DEVELOPMENT
PROGRAM.
(a) Assessment.--The Administrator shall enter into an arrangement
with the National Research Council for an assessment of Federal wake
turbulence research and development programs. The assessment shall
address at least the following questions:
(1) Are the Federal research and development goals and
objectives well defined?
(2) Are there any deficiencies in the Federal research and
development goals and objectives?
(3) What roles should be played by each of the relevant Federal
agencies, such as NASA, the Federal Aviation Administration, and
the National Oceanic and Atmospheric Administration, in wake
turbulence research and development?
(b) Report.--A report containing the results of the assessment
conducted pursuant to subsection (a) shall be provided to Congress not
later than 2 years after the date of enactment of this Act.
SEC. 427. UNIVERSITY-BASED CENTERS FOR RESEARCH ON AVIATION TRAINING.
(a) In General.--The Administrator may award grants to institutions
of higher education (or consortia thereof) to establish one or more
Centers for Research on Aviation Training under cooperative agreements
with appropriate NASA Centers.
(b) Purpose.--The purpose of the Centers shall be to investigate
the impact of new technologies and procedures, particularly those
related to the aircraft flight deck and to the air traffic management
functions, on training requirements for pilots and air traffic
controllers.
(c) Application.--An institution of higher education (or a
consortium of such institutions) seeking funding under this section
shall submit an application to the Administrator at such time, in such
manner, and containing such information as the Administrator may
require, including, at a minimum, a 5-year research plan.
(d) Award Duration.--An award made by the Administrator under this
section shall be for a period of 5 years and may be renewed on the
basis of--
(1) satisfactory performance in meeting the goals of the
research plan proposed by the Center in its application under
subsection (c); and
(2) other requirements as specified by the Administrator.
Subtitle C--Scholarships
SEC. 431. 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 or equivalent programs 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.
Subtitle D--Data Requests
SEC. 441. AVIATION DATA REQUESTS.
The Administrator shall make available upon request satellite
imagery and aerial photography of remote terrain that NASA owns at the
time of the request to the Administrator of the Federal Aviation
Administration, or the Director of the Five Star Medallion Program, to
assist and train pilots in navigating challenging topographical
features of such terrain.
TITLE V--HUMAN SPACE FLIGHT
SEC. 501. SPACE SHUTTLE FOLLOW-ON.
(a) Policy Statement.--It is the policy of the United States to
possess the capability for human access to space on a continuous basis.
(b) Progress Report.--Not later than 180 days after the date of
enactment of this Act and annually thereafter, the Administrator shall
transmit a report to the Committee on Science of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate describing the progress being made toward
developing the Crew Exploration Vehicle and the Crew Launch Vehicle and
the estimated time before they will demonstrate crewed, orbital
spaceflight.
(c) Compliance Report.--If, 1 year before the final planned flight
of the Space Shuttle orbiter, the United States has not demonstrated a
replacement human space flight system, and the United States cannot
uphold the policy described in subsection (a), the Administrator shall
transmit a report to the Committee on Science of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate describing--
(1) strategic risks to the United States associated with the
failure to uphold the policy described in subsection (a);
(2) the estimated length of time during which the United States
will not have its own human access to space;
(3) what steps will be taken to shorten that length of time;
and
(4) what other means will be used to allow human access to
space during that time.
SEC. 502. TRANSITION.
(a) In General.--The Administrator shall, to the fullest extent
possible consistent with a successful development program, use the
personnel, capabilities, assets, and infrastructure of the Space
Shuttle program in developing the Crew Exploration Vehicle, Crew Launch
Vehicle, and a heavy-lift launch vehicle.
(b) Plan.--Not later than 180 days 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 how NASA will
proceed with its human space flight programs, which, at a minimum,
shall describe--
(1) how NASA will deploy personnel from, and use the facilities
of, the Space Shuttle program to ensure that the Space Shuttle
operates as safely as possible through its final flight and to
ensure that personnel and facilities from the Space Shuttle program
are used in NASA's exploration programs in accordance with
subsection (a);
(2) the planned number of flights the Space Shuttle will make
before its retirement;
(3) the means, other than the Space Shuttle and the Crew
Exploration Vehicle, including commercial vehicles, that may be
used to ferry crew and cargo to and from the ISS;
(4) the intended purpose of lunar missions and the architecture
for those missions; and
(5) the extent to which the Crew Exploration Vehicle will allow
for the escape of the crew in an emergency.
(c) Personnel.--The Administrator shall consult with other
appropriate Federal agencies and with NASA contractors and employees to
develop a transition plan for any Federal and contractor personnel
engaged in the Space Shuttle program who can no longer be retained
because of the retirement of the Space Shuttle. The plan shall include
actions to assist Federal and contractor personnel in taking 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 March 31,
2006.
SEC. 503. REQUIREMENTS.
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;
(2) implement an exploration technology development program to
enable lunar human and robotic operations consistent with section
101(b)(2), including surface power to use on the Moon and other
locations;
(3) conduct an in-situ resource utilization technology program
to develop the capability to use space resources to increase
independence from Earth, and sustain exploration beyond low-Earth
orbit; and
(4) pursue aggressively automated rendezvous and docking
capabilities that can support the ISS and other mission
requirements.
SEC. 504. GROUND-BASED ANALOG CAPABILITIES.
(a) In General.--The Administrator may establish a ground-based
analog capability in remote United States locations in order to assist
in the development of lunar operations, life support, and in-situ
resource utilization experience and capabilities.
(b) Environmental Characteristics.--The Administrator shall select
locations for the activities described in subsection (a) that--
(1) are regularly accessible;
(2) have significant temperature extremes and range; and
(3) have access to energy and natural resources (including
geothermal, permafrost, volcanic, or other potential resources).
(c) Involvement of Local Populations; Private Sector Partners.--In
carrying out this section, the Administrator shall involve local
populations, academia, and industrial partners as much as possible to
ensure that ground-based benefits and applications are encouraged and
developed.
SEC. 505. ISS COMPLETION.
(a) Policy.--It is the policy of the United States to achieve
diverse and growing utilization of, and benefits from, the ISS.
(b) Elements, Capabilities, and Configuration Criteria.--The
Administrator shall ensure that the ISS will--
(1) be assembled and operated in a manner that fulfills
international partner agreements, as long as the Administrator
determines that the Shuttle can safely enable the United States to
do so;
(2) be used for a diverse range of microgravity research,
including fundamental, applied, and commercial research, consistent
with section 305;
(3) have an ability to support a crew size of at least 6
persons, unless the Administrator transmits to the Committee on
Science of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate not later than
60 days after the date of enactment of this Act, a report
explaining why such a requirement should not be met, the impact of
not meeting the requirement on the ISS research agenda and
operations and international partner agreements, and what
additional funding or other steps would be required to have an
ability to support crew size of at least 6 persons;
(4) support Crew Exploration Vehicle docking and automated
docking of cargo vehicles or modules launched by either heavy-lift
or commercially-developed launch vehicles;
(5) support any diagnostic human research, 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; and
(6) be operated at an appropriate risk level.
(c) Contingencies.--
(1) Policy.--The Administrator shall ensure that the ISS can
have available, if needed, sufficient logistics and on-orbit
capabilities to support any potential period during which the Space
Shuttle or its follow-on crew and cargo systems are unavailable,
and can have available, if needed, sufficient surge delivery
capability or prepositioning of spares and other supplies needed to
accommodate any such hiatus.
(2) Plan.--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 transmit to the Committee on Science of the
House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a plan to carry out the policy
described in paragraph (1).
SEC. 506. ISS RESEARCH.
The Administrator shall--
(1) carry out a program of microgravity research consistent
with section 305;
(2) consider the need for a life sciences centrifuge and any
associated holding facilities; and
(3) not later than 90 days after the date of enactment of this
Act, transmit to the Committee on Science of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate the research plan for NASA utilization
of the ISS and the proposed final configuration of the ISS, which
shall include an identification of microgravity research that can
be performed in ground-based facilities and then validated in space
and an assessment of the impact of having or not having a life
science centrifuge aboard the ISS.
SEC. 507. NATIONAL LABORATORY DESIGNATION.
(a) Designation.--To further the policy described in section
501(a), the United States segment of the ISS is hereby designated a
national laboratory.
(b) Management.--
(1) Partnerships.--The Administrator shall seek to increase the
utilization of the ISS by other Federal entities and the private
sector through partnerships, cost-sharing agreements, and other
arrangements that would supplement NASA funding of the ISS.
(2) Contracting.--The Administrator may enter into a contract
with a nongovernmental entity to operate the ISS national
laboratory, subject to all applicable Federal laws and regulations.
(c) Plan.--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 how the national
laboratory will be operated. At a minimum, the plan shall describe--
(1) any changes in the research plan transmitted under section
506(3) and any other changes in the operation of the ISS resulting
from the designation;
(2) any ground-based NASA operations or buildings that will be
considered part of the national laboratory;
(3) the management structure for the laboratory, including the
rationale for contracting or not contracting with a nongovernmental
entity to operate the ISS national laboratory;
(4) the workforce that will be considered employees of the
national laboratory;
(5) how NASA will seek the participation of other parties
described in subsection (b)(1); and
(6) a schedule for implementing any changes in ISS operations,
utilization, or management described in the plan.
(d) United States Segment Defined.--In this section the term
``United States segment of the ISS'' means those elements of the ISS
manufactured--
(1) by the United States; or
(2) for the United States by other nations in exchange for
funds or launch services.
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.
(a) In General.--In order to provide more routine and affordable
access to space for a broad range of scientific payloads, the
Administrator is encouraged to provide the capabilities to support
secondary payload flight opportunities on United States launch
vehicles, or free flyers, for satellites or scientific payloads
weighing less than 500 kilograms.
(b) Feasibility Study.--The Administrator shall initiate a
feasibility study for designating a National Free Flyer Launch
Coordination Center as a means of coordinating, consolidating, and
integrating secondary launch capabilities, launch opportunities, and
payloads.
(c) Assessment.--The feasibility study required by subsection (b)
shall include an assessment of the feasibility of integrating a
National Free Flyer Launch Coordination Center within the operations
and facilities of an existing nonprofit organization such as the Inland
Northwest Space Alliance in Missoula, Montana, or a similar entity, and
shall include an assessment of the potential utilization of existing
launch and launch support facilities and capabilities, including but
not limited to those in the States of Montana and New Mexico and their
respective contiguous States, and the State of Alaska, for the
integration and launch of secondary payloads, including an assessment
of the feasibility of establishing cooperative agreements among such
facilities, existing or future commercial launch providers, payload
developers, and the designated Coordination Center.
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, including Challenger Learning
Centers--
(1) that utilize community-based partnerships in the field;
(2) that build and maintain video conference and exhibit
capacity;
(3) that travel directly to rural communities and serve low-
income populations; and
(4) with a special emphasis on increasing the number of women
and minorities in the science and engineering professions.
SEC. 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 precollege science,
technology, 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, 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 results of
the review and evaluation required under subsection (a).
SEC. 615. EQUAL ACCESS TO NASA'S EDUCATION PROGRAMS.
(a) In General.--The Administrator shall strive to ensure equal
access for minority and economically disadvantaged students to NASA's
education programs.
(b) Report.--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--
(1) 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; and
(2) the total value of grants NASA made to Historically Black
Colleges and Universities and to Hispanic Serving Institutions
through education programs during the period covered by the report.
(c) Program.--The Administrator shall establish the Dr. Mae C.
Jemison Grant Program to work with Minority Serving Institutions to
bring more women of color into the field of space and aeronautics.
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, NASA Research Announcement.
SEC. 618. CONTINUATION OF CERTAIN EDUCATION PROGRAMS.
From amounts appropriated to NASA for education programs, the
Administrator shall ensure the continuation of the Space Grant Program,
the Experimental Program to Stimulate Competitive Research, and,
consistent with the results of the review under section 614, the NASA
Explorer School program, to motivate and develop the next generation of
explorers.
SEC. 619. IMPLEMENTATION OF PREVIOUS RECOMMENDATIONS.
(a) GAO Report.--Not more than 180 days 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 of Commerce,
Science, and Transportation of the Senate a report describing action
taken by NASA to implement the recommendations contained in the
Government Accountability Office's Report No. 04-639.
(b) Compliance.--To comply with title IX of the Education
Amendments of 1972 (20 U.S.C. 1681 et seq.), the Administrator shall
conduct compliance reviews of at least 2 grantees annually.
Subtitle C--Technology Transfer
SEC. 621. COMMERCIAL TECHNOLOGY TRANSFER PROGRAM.
(a) In General.--The Administrator shall execute a commercial
technology transfer program with the goal of facilitating the exchange
of services, products, and intellectual property between NASA and the
private sector. This program shall place at least as much emphasis on
encouraging the transfer of NASA technology to the private sector
(``spinning out'') as on encouraging use of private sector technology
by NASA. This program shall be maintained in a manner that provides
clear benefits for the agency, the domestic economy, and the research
community.
(b) Program Structure.--In carrying out the program described in
subsection (a), the Administrator shall provide program participants
with at least 45 days notice of any proposed changes to the structure
of NASA's technology transfer and commercialization organizations that
is in effect as of the date of enactment of this Act.
TITLE VII--MISCELLANEOUS PROVISIONS
Subtitle A--National Aeronautics and Space Administration
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'' and all that follows and inserting ``December 31, 2010.''.
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 ``$150,000,000'' and inserting
``$250,000,000'';
(3) by striking ``Chief Financial Officer'' each place it
appears in subsection (a) and inserting ``Administrator'';
(4) by inserting ``and consider'' in subsection (a) after
``shall conduct''; and
(5) by striking subsection (b) and inserting the following:
``(b) Implementation Defined.--In this section, the term
`implementation' means all activity in the life cycle of a project
after preliminary design, independent assessment of the preliminary
design, and approval to proceed into implementation, including critical
design, development, certification, launch, operations, disposal of
assets, and, for technology programs, development, testing, analysis,
and communication of the results.''.
SEC. 705. RECOVERY AND DISPOSITION AUTHORITY.
Title III of the National Aeronautics and Space Act of 1958, as
amended by section 701 of this Act, is further amended by adding at the
end the following:
``SEC. 317. RECOVERY AND DISPOSITION AUTHORITY.
``(a) In General.--
``(1) Control of remains.--Subject to paragraphs (2) and (3),
when there is an accident or mishap resulting in the death of a
crewmember of a NASA human space flight vehicle, the Administrator
may take control over the remains of the crewmember and order
autopsies and other scientific or medical tests.
``(2) Treatment.--Each crewmember shall provide the
Administrator with his or her preferences regarding the treatment
accorded to his or her remains and the Administrator shall, to the
extent possible, respect those stated preferences.
``(3) Construction.--This section shall not be construed to
permit the Administrator to interfere with any Federal
investigation of a mishap or accident.
``(b) Definitions.--In this section:
``(1) Crewmember.--The term `crewmember' means an astronaut or
other person assigned to a NASA human space flight vehicle.
``(2) NASA human space flight vehicle.--The term `NASA human
space flight vehicle' means a space vehicle, as defined in section
308(f)(1), that
``(A) is intended to transport 1 or more persons;
``(B) is designed to operate in outer space; and
``(C) is either owned by NASA, or owned by a NASA
contractor or cooperating party and operated as part of a NASA
mission or a joint mission with NASA.''.
SEC. 706. CHANGES TO EXISTING LAWS ON REPORTS.
(a) Section 201 of the National Aeronautics and Space
Administration Authorization Act of 2000 (42 U.S.C. 2451 note) is
amended--
(1) by striking ``and not later than the first day of every
second month thereafter until October 1, 2006'' and inserting ``and
semiannually thereafter until December 31, 2011''; and
(2) by adding at the end the following: ``Each such report
shall also identify each Russian entity or person to whom NASA has,
since the date of the enactment of the Iran Nonproliferation
Amendments Act of 2005, made a payment in cash or in-kind for work
to be performed or services to be rendered under the Agreement
Concerning Cooperation on the Civil International Space Station,
with annex, signed at Washington January 29, 1998, and entered into
force March 27, 2001, or any protocol, agreement, memorandum of
understanding, or contract related thereto. Each report shall
include the specific purpose of each payment made to each entity or
person identified in the report.''.
(b) Section 304(b) of the Federal Aviation Administration Research,
Engineering, and Development Authorization Act of 1992 (49 U.S.C. 47508
note) is amended by striking ``2000'' and inserting ``2010''.
(c) Section 323 of the National Aeronautics and Space
Administration Authorization Act of 2000 is amended by striking
subsection (a).
SEC. 707. SMALL BUSINESS CONTRACTING.
(a) Plan.--In consultation with the Small Business Administration,
the Administrator shall develop a plan to maximize the number and
amount of contracts awarded to small business concerns (within the
meaning given that term in section 3 of the Small Business Act (15
U.S.C. 632)) and to meet established contracting goals for such
concerns.
(b) Priority.--The Administrator shall establish as a priority
meeting the contracting goals developed in conjunction with the Small
Business Administration to maximize the amount of prime contracts, as
measured in dollars, awarded in each fiscal year by NASA to small
business concerns (within the meaning given that term in section 3 of
the Small Business Act (15 U.S.C. 632)).
SEC. 708. NASA HEALTHCARE PROGRAM.
The Administrator shall develop a plan to better understand the
longitudinal health effects of space flight on humans. In the
development of the plan, the Administrator shall consider the need for
the establishment of a lifetime healthcare program for NASA astronauts
and their families or other methods to obtain needed health data from
astronauts and retired astronauts.
SEC. 709. OFFSHORE PERFORMANCE OF CONTRACTS FOR THE PROCUREMENT OF
GOODS AND SERVICES.
The Administrator shall submit to Congress, not later than 120 days
after the end of each fiscal year beginning with the first fiscal year
after the date of enactment of this Act, a report on the contracts and
subcontracts performed overseas and the amount of purchases directly or
indirectly by NASA from foreign entities in that fiscal year. The
report shall separately indicate--
(1) the contracts and subcontracts and their dollar values for
which the Administrator determines that essential goods or services
under the contract are available only from a source outside the
United States; and
(2) the items and their dollar values for which the Buy
American Act was waived pursuant to obligations of the United
States under international agreements.
SEC. 710. STUDY ON ENHANCED USE LEASING.
Not later than one year 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 a review of NASA's enhanced use
leasing pilot program established by section 315 of the National
Aeronautics and Space Administration Act of 1958 (42 U.S.C. 2459j). At
a minimum the review shall analyze--
(1) the financial impact of the program, taking into account
revenue foregone by the United States, whether such revenue would
have been realized in the absence of the program, and any revenue
that accrued to NASA because of the program;
(2) the use and effectiveness of the program; and
(3) whether the arrangements made under the program would have
been made in the absence of the program.
Subtitle B--National Science Foundation
SEC. 721. DATA ON SPECIFIC FIELDS OF STUDY.
The National Science Foundation shall continue to collect
statistically reliable data on the field of degree of college-educated
individuals to fulfill obligations under section 4(j)(1) of the
National Science Foundation Act of 1950 (42 U.S.C. 1863(j)(1)) and the
Science and Engineering Equal Opportunities Act (42 U.S.C. 1885 et.
seq.). If the Director of the Foundation determines that there is a
legal impediment to the continued collection of this data, he shall
inform 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. 722. NATIONAL SCIENCE FOUNDATION MAJOR RESEARCH EQUIPMENT AND
FACILITIES.
(a) Astronomical Sciences Senior Review.--
(1) Review.--The Director of the National Science Foundation
shall charge the Mathematical and Physical Sciences Advisory
Committee with conducting a review of the astronomical facilities
supported by the Foundation to determine the appropriate balance
between supporting the operation of existing facilities and
supporting the design, development, and eventual operation of new
facilities. The review shall recommend actions that would enable
the Foundation to support priorities recommended in the National
Academy of Sciences reports ``Astronomy and Astrophysics in the New
Millennium'' and ``Connecting Quarks with the Cosmos''.
(2) Transmittal.--The Director shall transmit the review, along
with a schedule for implementing any recommendations the Director
accepts and an explanation for rejecting any recommendations, to
the Committee on Science of the House of Representatives and the
Committee of Commerce, Science, and Transportation of the Senate no
later than June 30, 2006.
(b) Plan for Funding Design and Development for Major Research
Equipment and Facilities Construction Projects.--
(1) In general.--The Director of the National Science
Foundation shall develop a plan to facilitate more thorough design
and development of facilities that can be considered for funding
through the Major Research Equipment and Facilities Construction
account.
(2) Considerations.--In developing the plan, the Director shall
consider--
(A) steps to encourage and ease cross-directorate
collaboration;
(B) ways to ensure that a Directorate that will eventually
support the operation of a facility is fully committed to that
facility from the outset;
(C) providing funding for the design and development of
facilities from new sources within the Foundation; and
(D) ways to enable and encourage entities proposing
facilities projects to receive design and development funding
from nongovernmental sources.
(3) Transmittal.--No later than June 30, 2006, the Director of
the National Science Foundation shall transmit to the Committee on
Science of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate the plan, along
with a statement from the Director describing how the plan
addresses the considerations described in paragraph (2).
TITLE VIII--TASK FORCE AND COMMISSION
Subtitle A--International Space Station Independent Safety Task Force
SEC. 801. ESTABLISHMENT OF TASK FORCE.
(a) Establishment.--The Administrator shall establish an
independent task force to review the International Space Station
program with the objective of discovering and assessing 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 Administrator shall establish
the independent task force within 60 days after the date of enactment
of this Act.
SEC. 802. TASKS OF THE TASK FORCE.
The independent task force established under section 801 shall, to
the extent possible, undertake the following tasks:
(1) Catalogue threats to and vulnerabilities of the ISS,
including design flaws, natural phenomena, computer software or
hardware flaws, sabotage or terrorist attack, number of
crewmembers, 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 the Administrator, Congress, and the
public.
SEC. 803. COMPOSITION OF THE TASK FORCE.
(a) External Organizations.--The independent task force shall
include at least one representative from each of the following external
organizations:
(1) The Aerospace Safety Advisory Panel.
(2) The Task Force on International Space Station Operational
Readiness of the NASA Advisory Council, or its successor.
(3) The Aeronautics and Space Engineering Board of the National
Research Council.
(b) Independent Organizations Within NASA.--The independent task
force shall also include at least the following individuals from within
NASA:
(1) NASA's Chief Engineer.
(2) The head of the Independent Technical Authority.
(3) The head of the Safety and Mission Assurance Office.
(4) The head of the NASA Engineering and Safety Center.
SEC. 804. REPORTING REQUIREMENTS.
(a) Interim Reports.--The independent task force may transmit to
the Administrator and Congress, and make concurrently available to the
public, interim reports containing such findings, conclusions, and
recommendations for corrective actions as have been agreed to by a
majority of the task force members.
(b) Final Report.--The task force shall transmit to the
Administrator 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 task force members. Such report shall include any minority
views or opinions not reflected in the majority report.
(c) Approval.--The independent task force shall not be required to
seek the approval of the contents of any of the reports submitted under
subsection (a) or (b) by the Administrator or by any person designated
by the Administrator prior to the submission of the reports to the
Administrator and Congress and to their being made concurrently
available to the public.
SEC. 805. SUNSET.
The independent task force established under this subtitle shall
transmit its final report to the Administrator and to Congress and make
it available to the public not later than 1 year after the independent
task force is established and shall cease to exist after the
transmittal.
Subtitle B--Human Space Flight Independent Investigation Commission
SEC. 821. DEFINITIONS.
For purposes of this subtitle--
(1) the term ``Commission'' means a Commission established
under this title; and
(2) the term ``incident'' means either an accident or a
deliberate act.
SEC. 822. 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 establish a
Commission within 7 days after an incident specified in subsection (a).
SEC. 823. TASKS OF THE COMMISSION.
A Commission established pursuant to this subtitle shall, to the
extent possible, undertake the following tasks:
(1) Investigate the incident.
(2) Determine the cause of the incident.
(3) Identify all contributing factors to the cause of the
incident.
(4) Make recommendations for corrective actions.
(5) Provide any additional findings or recommendations deemed
by the Commission to be important, whether or not they are related
to the specific incident under investigation.
(6) Prepare a report to Congress, the President, and the
public.
SEC. 824. COMPOSITION OF COMMISSION.
(a) Number of Commissioners.--A Commission established pursuant to
this subtitle 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) 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. The President may select one of the candidates from
each of the 4 lists for membership on the Commission.
(3) No officer or employee of the Federal Government or Member
of Congress shall serve as a member of the Commission.
(4) No member of the Commission shall have, or have pending, a
contractual relationship with NASA.
(5) 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.
(6) 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.
(7) To the extent practicable, the President shall seek
diversity in the membership of the Commission.
(c) Deadline for Appointment.--All members of a Commission
established under this subtitle 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. 825. 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 subtitle--
(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 subtitle.
(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 subtitle. 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 the Commission.
SEC. 826. 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
subtitle.
(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. 827. 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. 828. 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. 829. 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 subtitle
without the appropriate security clearances.
SEC. 830. 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
subtitle 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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.