[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.