[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1281 Engrossed in Senate (ES)]
109th CONGRESS
1st Session
S. 1281
_______________________________________________________________________
AN ACT
To authorize appropriations for the National Aeronautics and Space
Administration for science, aeronautics, exploration, exploration
capabilities, and the Inspector General, and for other purposes, for
fiscal years 2006, 2007, 2008, 2009, and 2010.
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 ``National Aeronautics
and Space Administration Authorization Act of 2005''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
TITLE I--AUTHORIZATION OF APPROPRIATIONS
Subtitle A--Authorizations
Sec. 101. Fiscal year 2006.
Sec. 102. Fiscal year 2007.
Sec. 103. Fiscal year 2008.
Sec. 104. Fiscal year 2009.
Sec. 105. Fiscal year 2010.
Sec. 106. Evaluation criteria for budget request.
Subtitle B--General Provisions
Sec. 131. Implementation of a science program that extends human
knowledge and understanding of the Earth,
sun, solar system, and the universe.
Sec. 132. Biennial reports to Congress on science programs.
Sec. 133. Status report on Hubble Space Telescope servicing mission.
Sec. 134. Develop expanded permanent human presence beyond low-Earth
orbit.
Sec. 135. Ground-based analog capabilities.
Sec. 136. Space launch and transportation transition, capabilities, and
development.
Sec. 137. Lessons learned and best practices.
Sec. 138. Safety management.
Sec. 139. Creation of a budget structure that aids effective oversight
and management.
Sec. 140. Earth observing system.
Sec. 141. NASA healthcare program.
Sec. 142. Assessment of extension of data collection from Ulysses and
Voyager spacecraft.
Sec. 143. Program to expand distance learning in rural underserved
areas.
Sec. 144. Institutions in NASA'S minority institutions program.
Sec. 145. Aviation safety program.
Sec. 146. Atmospheric, geophysical, and rocket research authorization.
Sec. 147. Orbital debris.
Sec. 148. Continuation of certain educational programs.
Sec. 149. Establishment of the Charles ``Pete'' Conrad Astronomy Awards
Program.
Sec. 150. GAO assessment of feasibility of Moon and Mars exploration
missions.
Sec. 151. Workforce.
Sec. 152. Major research equipment and facilities.
Sec. 153. Data on specific fields of study.
Subtitle C--Limitations and Special Authority
Sec. 161. Official representational fund.
Sec. 162. Facilities management.
TITLE II--INTERNATIONAL SPACE STATION
Sec. 201. International Space Station completion.
Sec. 202. Research and support capabilities on international Space
Station.
Sec. 203. National laboratory status for International Space Station.
Sec. 204. Commercial support of International Space Station operations
and utilization.
Sec. 205. Use of the International Space Station and annual report.
TITLE III--NATIONAL SPACE TRANSPORTATION POLICY
Sec. 301. United States human-rated launch capacity assessment.
Sec. 302. Space Shuttle transition.
Sec. 303. Commercial launch vehicles.
Sec. 304. Secondary payload capability.
Sec. 305. Power and propulsion reporting.
Sec. 306. Utilization of NASA field centers and workforce.
TITLE IV--ENABLING COMMERCIAL ACTIVITY
Sec. 401. Commercialization plan.
Sec. 402. Commercial technology transfer program.
Sec. 403. Authority for competitive prize program to encourage
development of advanced space and
aeronautical technologies.
Sec. 404. Commercial goods and services.
TITLE V--AERONAUTICS RESEARCH AND DEVELOPMENT
Sec. 501. Governmental interest in aeronautics.
Sec. 502. National policy for aeronautics research and development.
Sec. 503. High priority aeronautics research and development programs.
Sec. 504. Test facilities.
Sec. 505. Miscellaneous provisions.
TITLE VI--MISCELLANEOUS ADMINISTRATIVE IMPROVEMENTS.
Sec. 601. Extension of indemnification authority.
Sec. 602. Intellectual property provisions.
Sec. 603. Retrocession of jurisdiction.
Sec. 604. Recovery and disposition authority.
Sec. 605. Requirement for independent cost analysis.
Sec. 606. Electronic access to business opportunities.
Sec. 607. Reports elimination.
Sec. 608. Small business contracting.
Sec. 609. Government accountability office review and report.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) It is the policy of the United States to advance United
States scientific, security, and economic interests through a
healthy and active space exploration program.
(2) Basic and applied research in space science, Earth
science, and aeronautics remain a significant part of the
Nation's goals for the use and development of space. Basic
research and development is an important component of NASA's
program of exploration and discovery.
(3) Maintaining the capability to safely send humans into
space is essential to United States national and economic
security, United States preeminence in space, and inspiring the
next generation of explorers. Thus, a gap in United States
human space flight capability is harmful to the national
interest.
(4) The exploration, development, and permanent habitation
of the Moon will inspire the Nation, spur commerce,
imagination, and excitement around the world, and open the
possibility of further exploration of Mars. NASA should return
to the Moon within the next decade.
(5) The establishment of the capability for consistent
access to and stewardship of the region between the Moon and
Earth is in the national security and commercial interests of
the United States.
(6) Commercial development of space, including exploration
and other lawful uses, is in the interest of the United States
and the international community at large.
(7) Research and access to capabilities to support a
national laboratory facility within the United States segment
of the ISS in low-Earth orbit are in the national policy
interests of the United States, including maintenance and
development of an active and healthy stream of research from
ground to space in areas that can uniquely benefit from access
to this facility.
(8) NASA should develop vehicles to replace the Shuttle
orbiter's capabilities for transporting crew and heavy cargo
while utilizing the current program's resources, including
human capital, capabilities, and infrastructure. Using these
resources can ease the transition to a new space transportation
system, maintain an essential industrial base, and minimize
technology and safety risks.
(9) The United States must remain the leader in aeronautics
and aviation. Any erosion of this preeminence is not in the
Nation's economic or security interest. NASA should align its
aerospace leadership to ensure United States leadership. A
national effort is needed to ensure that NASA's aeronautics
programs are leading contributors to the Nation's civil and
military aviation needs, as well as to its exploration
capabilities.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the National Aeronautics and Space
Administration.
(2) ISS.--The term ``ISS'' means the International Space
Station.
(3) NASA.--The term ``NASA'' means the National Aeronautics
and Space Administration.
(4) Shuttle-derived vehicle.--The term ``shuttle-derived
vehicle'' means any new space transportation vehicle, piloted
or unpiloted, that--
(A) is capable of supporting crew or cargo
missions; and
(B) uses a major component of NASA's Space
Transportation System, such as the solid rocket
booster, external tank, engine, and orbiter.
(5) In-situ resource utilization.--The term ``in-situ
resource utilization'' means the technology or systems that can
convert indigenous or locally-situated substances into useful
materials and products.
TITLE I--AUTHORIZATION OF APPROPRIATIONS
Subtitle A--Authorizations
SEC. 101. FISCAL YEAR 2006.
There are authorized to be appropriated to the National Aeronautics
and Space Administration, for fiscal year 2006, $16,556,400,000, as
follows:
(1) For science, aeronautics and exploration,
$9,661,000,000 for the following programs (including amounts
for construction of facilities).
(2) For exploration capabilities, $6,863,000,000,
(including amounts for construction of facilities), which shall
be used for space operations, and out of which $100,000,000
shall be used for the purposes of section 202 of this Act.
(3) For the Office of Inspector General, $32,400,000.
SEC. 102. FISCAL YEAR 2007.
There are authorized to be appropriated to the National Aeronautics
and Space Administration, for fiscal year 2007, $17,052,900,000, as
follows:
(1) $10,549,800,000 for science, aeronautics and
exploration (including amounts for construction of facilities).
(2) For exploration capabilities, $6,469,600,000, for the
following programs (including amounts for construction of
facilities), of which $6,469,600,000 shall be for space
operations.
(3) For the Office of Inspector General, $33,500,000.
SEC. 103. FISCAL YEAR 2008.
There are authorized to be appropriated to the National Aeronautics
and Space Administration, for fiscal year 2008, $17,470,900,000.
SEC. 104. FISCAL YEAR 2009.
There are authorized to be appropriated to the National Aeronautics
and Space Administration, for fiscal year 2009, $17,995,000,000.
SEC. 105. FISCAL YEAR 2010.
There are authorized to be appropriated to the National Aeronautics
and Space Administration, for fiscal year 2010, $18,534,900,000.
SEC. 106. EVALUATION CRITERIA FOR BUDGET REQUEST.
It is the sense of the Congress that each budget of the United
States submitted to the Congress after the date of enactment of this
Act should be evaluated for compliance with the findings and priorities
established by this Act and the amendments made by this Act.
Subtitle B--General Provisions
SEC. 131. IMPLEMENTATION OF A SCIENCE PROGRAM THAT EXTENDS HUMAN
KNOWLEDGE AND UNDERSTANDING OF THE EARTH, SUN, SOLAR
SYSTEM, AND THE UNIVERSE.
The Administrator shall--
(1) conduct a rich and vigorous set of science activities
aimed at better comprehension of the universe, solar system,
and Earth, and ensure that the various areas within NASA's
science portfolio are developed and maintained in a balanced
and healthy manner, and, as part of this balanced science
research program, provide, to the maximum extent feasible,
continued support and funding for the Magnetospheric Multiscale
Mission, SIM-Planet Quest, and Future Explorers programs,
including determining whether these delayed missions and
planned missions can be expedited to meet previous schedules,
and may place a greater emphasis on science, including the
programs described in this paragraph, throughout the fiscal
years for which funds are authorized by this Act (and for this
purpose, of the funds authorized by section 101(1) of this Act,
no less than $5,341,200,000 shall be for science, and of the
funds authorized by section 102(1) of this Act, no less than
$5,960,300,000 shall be for science);
(2) plan projected Mars exploration activities in the
context of planned lunar robotic precursor missions, ensuring
the ability to conduct a broad set of scientific investigations
and research around and on the Moon's surface;
(3) upon successful completion of the planned return-to-
flight schedule of the Space Shuttle, determine the schedule
for a Shuttle servicing mission to the Hubble Space Telescope,
unless such a mission would compromise astronaut or safety or
the integrity of NASA's other missions;
(4) ensure that, in implementing the provisions of this
section, appropriate inter-agency and commercial collaboration
opportunities are sought and utilized to the maximum feasible
extent;
(5) seek opportunities to diversify the flight
opportunities for scientific Earth science instruments and seek
innovation in the development of instruments that would enable
greater flight opportunities;
(6) develop a long term sustainable relationship with the
United States commercial remote sensing industry, and,
consistent with applicable policies and law, to the maximum
practical extent, rely on their services;
(7) in conjunction with United States industry and
universities, develop Earth science applications to enhance
Federal, State, local, and tribal governments that use
government and commercial remote sensing capabilities and other
sources of geospatial information to address their needs;
(8) plan, develop, and implement a near-Earth object survey
program to detect, track, catalogue, and characterize the
physical characteristics of near-Earth asteroids and comets in
order to assess the threat of such near-Earth objects in
impacting the Earth; and
(9) ensure that, of the amount expended for aeronautics, a
significant portion is directed toward the Vehicle System
Program, as much of the basic, long-term, high-risk, and
innovative research in aeronautical disciplines is performed
within that program.
SEC. 132. BIENNIAL REPORTS TO CONGRESS ON SCIENCE PROGRAMS.
(a) In General.--Within 180 days after the date of enactment of
this Act and every 2 years thereafter, the Administrator shall transmit
a report to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on Science
setting forth in detail--
(1) the findings and actions taken on NASA's assessment of
the balance within its science portfolio and any efforts to
adjust that balance among the major program areas, including
the areas referred to in section 131;
(2) any activities undertaken by the Administration to
conform with the Sun-Earth science and applications direction
provided in section 131; and
(3) efforts to enhance near-Earth object detection and
observation.
(b) External Review Findings.--The Administrator shall include in
each report submitted under this section a summary of findings and
recommendations from any external reviews of the Administration's
science mission priorities and programs.
SEC. 133. STATUS REPORT ON HUBBLE SPACE TELESCOPE SERVICING MISSION.
Within 60 days after the landing of the second Space Shuttle
mission for return-to-flight certification, the Administrator shall
transmit to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on Science a
one-time status report on a Hubble Space Telescope servicing mission.
SEC. 134. DEVELOP EXPANDED PERMANENT HUMAN PRESENCE BEYOND LOW-EARTH
ORBIT.
(a) In General.--As part of the programs authorized under the
National Aeronautics and Space Act of 1958 (42 U.S.C. 2451 et seq.),
the Administrator shall establish a program to develop a permanently
sustained human presence on the Moon, in tandem with an extensive
precursor program, to support security, commerce, and scientific
pursuits, and as a stepping-stone to future exploration of Mars. The
Administrator is further authorized to develop and conduct
international collaborations in pursuit of these goals, as appropriate.
(b) Requirements.--In carrying out this section, the Administrator
shall--
(1) implement an effective exploration technology program
that is focused around the key needs to support lunar human and
robotic operations;
(2) as part of NASA's annual budget submission, submit to
the Congress the detailed mission, schedule, and budget for key
lunar mission-enabling technology areas, including areas for
possible innovative governmental and commercial activities and
partnerships;
(3) as part of NASA's annual budget submission, submit to
the Congress a plan for NASA's lunar robotic precursor and
technology programs, including current and planned technology
investments and scientific research that support the lunar
program;
(4) conduct an intensive in-situ resource utilization
technology program in order to develop the capability to use
space resources to increase independence from Earth, and
sustain exploration beyond low-Earth orbit;
(5) conduct a program to assure the health and safety of
astronauts during extended space exploration missions which
include more effective countermeasures to mitigate deleterious
effects of such missions, and the means to provide in-space
exploration medical care delivery to crews with little or no
real-time support from Earth, relevant issues such as radiation
exposure, exercise countermeasures, cardiac health, diagnostic
and monitoring devices, and medical imaging;
(6) utilize advanced power and propulsion technologies,
including nuclear and electric technologies, to enable or
enhance robotic and human exploration missions when feasible;
and
(7) develop a robust technology development program to
provide surface power for use on the Moon and other locations
relevant to NASA space exploration goals which, to the extent
feasible, address needs for modular, scalable power sources for
a range of applications on the Moon including human and
vehicular uses.
SEC. 135. GROUND-BASED ANALOG CAPABILITIES.
(a) In General.--The Administrator shall 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) Locations.--The Administrator shall select locations for
subsection (a) in places 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, and 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. 136. SPACE LAUNCH AND TRANSPORTATION TRANSITION, CAPABILITIES, AND
DEVELOPMENT.
(a) Post-Orbiter Transition.--The Administrator shall develop an
implementation plan for the transition to a new crew exploration
vehicle and heavy-lift launch vehicle that uses the personnel,
capabilities, assets, and infrastructure of the Space Shuttle to the
fullest extent possible and addresses how NASA will accommodate the
docking of the crew exploration vehicle to the ISS.
(b) Automated Rendezvous and Docking.--The Administrator is
directed to pursue aggressively automated rendezvous and docking
capabilities that can support ISS and other mission requirements and
include these activities, progress reports, and plans in the
implementation plan.
(c) Congressional Submission.--Within 120 days after the date of
enactment of this Act the Administrator shall submit a copy of the
implementation plan to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on Science.
SEC 137. LESSONS LEARNED AND BEST PRACTICES.
(a) In General.--The Administrator shall provide an implementation
plan describing NASA's approach for obtaining, implementing, and
sharing lessons learned and best practices for its major programs and
projects within 180 days after the date of enactment of this Act. The
implementation plan shall be updated and maintained to assure 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 as 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. 138. 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. The
Panel shall also''; and
(5) by adding at the end the following:
``(b) Annual Report.--The Panel shall submit an annual report to
the Administrator and to the Congress. In the first annual report
submitted after the date of enactment of the National Aeronautics and
Space Administration Authorization Act of 2005, the Panel shall include
an evaluation of NASA's safety management culture.
``(c) Sense of the Congress.--It is the sense of the Congress that
the Administrator should--
``(1) ensure that NASA employees can raise safety concerns
without fear of reprisal;
``(2) continue to follow the recommendations of the
Columbia Accident Investigation Board for safely returning and
continuing to fly; and
``(3) continue to inform the Congress from time to time of
NASA's progress in meeting those recommendations.''.
SEC. 139. CREATION OF A BUDGET STRUCTURE THAT AIDS EFFECTIVE OVERSIGHT
AND MANAGEMENT.
In developing NASA's budget request for inclusion in the Budget of
the United States for fiscal year 2007 and thereafter, the
Administrator shall--
(1) include line items for--
(A) science, aeronautics, and exploration;
(B) exploration capabilities; and
(C) the Office of the Inspector General;
(2) enumerate separately, within the science, aeronautics,
and exploration account, the requests for--
(A) space science;
(B) Earth science; and
(C) aeronautics;
(3) include, within the exploration capabilities account,
the requests for--
(A) the Space Shuttle; and
(B) the ISS; and
(4) enumerate separately the specific request for the
independent technical authority within the appropriate account.
SEC. 140. EARTH OBSERVING SYSTEM.
(a) In General.--Within 6 months after the date of enactment of
this Act, the Administrator, in consultation with the Administrator of
the National Oceanic and Atmospheric Administration and the Director of
the United States Geological Survey, shall submit a plan to the Senate
Committee on Commerce, Science, and Transportation and the House of
Representatives Committee on Science to ensure the long-term vitality
of the earth observing system at NASA.
(b) Plan Requirements.--The plan shall--
(1) address such issues as--
(A) out-year budgetary projections;
(B) technical requirements for the system; and
(C) integration into the Global Earth Observing
System of Systems; and
(2) evaluate--
(A) the need to proceed with any NASA missions that
have been delayed or canceled;
(B) plans for transferring needed capabilities from
some canceled or de-scoped missions to the National
Polar-orbiting Environmental Satellite System;
(C) the technical base for exploratory earth
observing systems, including new satellite
architectures and instruments that enable global
coverage, all-weather, day and night imaging of the
Earth's surface features;
(D) the need to strengthen research and analysis
programs; and
(E) the need to strengthen the approach to
obtaining important climate observations and data
records.
(c) Earth Observing System Defined.--In this section, the term
``earth observing system'' means the series of satellites, a science
component, and a data system for long-term global observations of the
land surface, biosphere, solid Earth, atmosphere, and oceans.
SEC. 141. NASA HEALTHCARE PROGRAM.
The Administrator shall develop policies, procedures, and plans
necessary for--
(1) the establishment of a lifetime healthcare program for
NASA astronauts and their families; and
(2) the study and analysis of the healthcare data obtained
in order to understand the longitudinal health effects of space
flight on humans better.
SEC. 142. ASSESSMENT OF EXTENSION OF DATA COLLECTION FROM ULYSSES AND
VOYAGER SPACECRAFT.
(a) Assessment.--Not later than 60 days after the date of the
enactment of this Act, the Administrator shall carry out an assessment
of the costs and benefits of extending, to such date as the
Administrator considers appropriate for purposes of the assessment, the
date of the termination of data collection from the Ulysses spacecraft
and the Voyager spacecraft.
(b) Report.--Not later than 30 days after completing the assessment
required by subsection (a), the Administrator shall submit a report on
the assessment to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on Science.
SEC. 143. 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. 144. INSTITUTIONS IN NASA'S MINORITY INSTITUTIONS PROGRAM.
The matter appearing under the heading ``small and disadvantaged
business'' in title III of the Departments of Veterans Affairs and
House 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. 145. AVIATION SAFETY PROGRAM.
The Administrator shall make available upon request satellite
imagery of remote terrain to the Administrator of the Federal Aviation
Administration, or the Director of the Five Star Medallion Program, for
aviation safety and aerial photography programs to assist and train
pilots in navigating challenging topographical features of such
terrain.
SEC. 146. ATMOSPHERIC, GEOPHYSICAL, AND ROCKET RESEARCH AUTHORIZATION.
There are authorized to be appropriated to the Administrator for
atmospheric, geophysical, or rocket research at the Poker Flat Research
Range and the Kodiak Launch Complex, not more than $1,000,000 for each
of fiscal years 2006 through 2010.
SEC. 147. 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. 148. CONTINUATION OF CERTAIN EDUCATIONAL PROGRAMS.
From amounts appropriated to NASA for educational programs, the
Administrator shall ensure continuation of the Space Grant Program, the
Experimental Program to Stimulate Competitive Research, and the NASA
Explorer School to motivate and develop the next generation of
explorers.
SEC. 149. ESTABLISHMENT OF THE CHARLES ``PETE'' CONRAD ASTRONOMY AWARDS
PROGRAM.
(a) In General.--The Administrator shall establish a program to be
known as the Charles ``Pete'' Conrad Astronomy Awards Program.
(b) Awards.--The Administrator shall make an annual award under the
program of--
(1) $3,000 to 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; and
(2) $3,000 to the amateur astronomer or group of amateur
astronomers who made the greatest contribution to the Minor
Planet Center's mission of cataloging near-Earth asteroids
during the preceding year.
(c) Qualification for Award.--
(1) Recommendation.--These awards shall be made based on
the recommendation of the Minor Planet Center of the
Smithsonian Astrophysical Observatory.
(2) Limitation.--No individual who is not a citizen or
permanent resident of the United States at the time of that
individual's discovery or contribution may receive an award
under this program.
SEC. 150. GAO ASSESSMENT OF FEASIBILITY OF MOON AND MARS EXPLORATION
MISSIONS.
Within 9 months after the date of enactment of this Act, the
Comptroller General shall transmit to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives Committee
on Science an assessment of the feasibility of NASA's planning for
exploration of the Moon and Mars, giving special consideration to the
long-term cost implications of program architecture and schedules. The
Comptroller General shall include in this assessment the short- and
long-term impact of the exploration program on other NASA program
areas, including aeronautics, space science, earth science and NASA's
overall research and technology development budget.
SEC. 151. WORKFORCE.
(a) In General.--The Administrator shall develop a human capital
strategy to ensure that NASA has a workforce of the appropriate size
and with the appropriate skills to carry out the programs of NASA,
consistent with the policies and plans developed pursuant to this
section. The strategy shall ensure that current personnel are utilized,
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.
(b) Content.--The strategy shall describe, at a minimum--
(1) any categories of employees NASA intends to reduce, the
expected size and timing of those reductions, the methods NASA
intends to use to make the reductions, and the reasons NASA no
longer needs those employees;
(2) any categories of employees NASA intends to increase,
the expected size and timing of those increases, the methods
NASA intends to use to recruit the additional employees, and
the reasons NASA needs those employees;
(3) the steps NASA will use to retain needed employees; and
(4) the budget assumptions of the strategy, which for
fiscal years 2006 and 2007 shall be consistent with the
authorizations provided in subtitle A, and any expected
additional costs or savings from the strategy by fiscal year.
(c) Schedule.--The Administrator shall transmit the strategy
developed under this section to the Senate Committee on Commerce,
Science, and Transportation and House of Representatives Committee on
Science not later than the date on which the President submits the
proposed budget for the Federal Government for fiscal year 2007 to the
Congress. At least 60 days before transmitting the strategy, NASA shall
provide a draft of the strategy to its Federal Employee Unions for a
30-day consultation period after which NASA shall respond in writing to
any written concerns provided by the Unions.
(d) Limitation.--
(1) In general.--NASA may not initiate any buyout offer
after the date of enactment of this Act until 60 days after the
strategy required by this subsection has been transmitted to
the Senate Committee on Commerce, Science, and Transportation
and House of Representatives Committee on Science in accordance
with subsection (c). NASA may not implement any reduction-in-
force or other involuntary separations (except for cause) prior
to June 1, 2007, except as provided in paragraph (2).
(2) Exceptions.--
(A) Specific buy-outs.--Notwithstanding paragraph
(1), NASA may make exceptions can be made for specific
buy-outs on a case-by-case basis, if NASA provides
information to the Committees that justifies those
specific buy-outs, including why the relevant employees
could not be utilized to fulfill other NASA missions.
(B) Emergency reductions-in-force.--NASA may also
request an exception for an emergency reduction-in-
force of management personnel by transmitting to the
Committees--
(i) a detailed rationale for the proposed
reduction-in-force;
(ii) an explanation of why the proposed
reduction-in-force cannot wait until after the
workforce strategy has been transmitted to the
Committees in accordance with the requirements
of this section; and
(iii) an explanation of why the relevant
employees could not be utilized to fulfill
other NASA missions.
SEC. 152. MAJOR RESEARCH EQUIPMENT AND FACILITIES.
(a) In General.--Notwithstanding any other provision of law, the
National Science Foundation may use funds in the major research
equipment and facilities construction account for the design and
development of projects that--
(1) have been given a very high rating by relevant
scientific peer review panels in the relevant discipline;
(2) have substantial cost-sharing with non-Foundation
entities; and
(3) have passed a critical design review.
(b) National Science Board Approval.--Nothing in subsection (a)
shall be construed to eliminate the need for approval by the National
Science Board before such equipment and facilities are eligible for
acquisition, construction, commissioning, or upgrading.
SEC. 153. DATA ON SPECIFIC FIELDS OF STUDY.
(a) In General.--The National Science Foundation shall collect
statistically reliable data through the American Community Survey on
the field of degree of college-educated individuals.
(b) Additional Census Question.--In order to facilitate the
implementation of subsection (a), the Secretary of Commerce shall
expand the American Community Survey to include a question to elicit
information concerning the field of study in which college-educated
individuals received their degrees. The Director of the Bureau of the
Census shall consult with the Director of the National Science
Foundation concerning the wording of the question or questions to be
added to the Survey.
Subtitle C--Limitations and Special Authority
SEC. 161. OFFICIAL REPRESENTATIONAL FUND.
Amounts appropriated pursuant to paragraphs (1) and (2) of section
101 may be used, but not to exceed $70,000, for official reception and
representation expenses.
SEC. 162. FACILITIES MANAGEMENT.
NASA shall develop a facilities investment plan through fiscal year
2015 that takes into account uniqueness, mission dependency, and other
studies required by this Act.
TITLE II--INTERNATIONAL SPACE STATION
SEC. 201. INTERNATIONAL SPACE STATION COMPLETION.
(a) Elements, Capabilities, and Configuration Criteria.--The
Administrator shall ensure that the ISS will be able to--
(1) fulfill international partner agreements and provide a
diverse range of research capacity, including a high rate of
human biomedical research protocols, countermeasures, applied
bio-technologies, technology and exploration research, and
other priority areas;
(2) have an ability to support crew size of at least 6
persons;
(3) support crew exploration vehicle docking and automated
docking of cargo vehicles or modules launched by either heavy-
lift or commercially-developed launch vehicles; and
(4) be operated at an appropriate risk level.
(b) Contingency Plan.--The transportation plan to support ISS shall
include contingency options to ensure sufficient logistics and on-orbit
capabilities to support any potential hiatus between Space Shuttle
availability and follow-on crew and cargo systems, and provide
sufficient pre-positioning of spares and other supplies needed to
accommodate any such hiatus.
(c) Certification.--Within 60 days after the date of enactment of
this Act, and before making any change in the ISS assembly sequence in
effect on the date of enactment of this Act, the Administrator shall
certify in writing to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on Science
NASA's plan to meet the requirements of subsections (a) and (b).
(d) Cost Limitation for the ISS.--Within 6 months after the date of
enactment of this Act, the Administrator shall submit to the Congress
information pertaining to the impact of the Columbia accident and the
implementation of full cost accounting on the development costs of the
International Space Station. The Administrator shall also identify any
statutory changes needed to section 202 of the NASA Authorization Act
of 2000 to address those impacts.
SEC. 202. RESEARCH AND SUPPORT CAPABILITIES ON INTERNATIONAL SPACE
STATION.
(a) In General.--The Administrator shall--
(1) within 60 days after the date of enactment of this Act,
provide an assessment of biomedical and life science research
planned for implementation aboard the ISS that includes the
identification of research which can be performed in ground-
based facilities and then, if appropriate, validated in space
to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Science;
(2) ensure the capacity to support ground-based research
leading to spaceflight of scientific research in a variety of
disciplines with potential direct national benefits and
applications that can advance significantly from the uniqueness
of micro-gravity;
(3) restore and protect such potential ISS research
activities as molecular crystal growth, animal research, basic
fluid physics, combustion research, cellular biotechnology, low
temperature physics, and cellular research at a level which
will sustain the existing scientific expertise and research
capabilities until such time as additional funding or resources
from sources other than NASA can be identified to support these
activities within the framework of the National Laboratory
provided for in section 203 of this Act;
(4) consider the need for a life sciences centrifuge and
any associated holding facilities; and
(5) within 1 year after the date of enactment of this Act,
develop a research plan that will demonstrate the process by
which NASA will evolve the ISS research portfolio in a manner
consistent with the planned growth and evolution of ISS on-
orbit and transportation capabilities.
(b) Maintenance of On-Orbit Analytical Capabilities.--The
Administrator shall ensure that on-orbit analytical capabilities to
support diagnostic human research, as well as on-orbit characterization
of molecular crystal growth, cellular research, and other research
products and results are developed and maintained, as an alternative to
Earth-based analysis requiring the capability of returning research
products to Earth.
(c) Assessment of Potential Scientific Uses.--The Administrator
shall assess further potential possible scientific uses of the ISS for
other applications, such as technology development, development of
manufacturing processes, Earth observation and characterization, and
astronomical observations.
(d) Transition to Public-Private Research Operations.--By no later
than the date on which the assembly of the ISS is complete (as
determined by the Administrator), the Administrator shall initiate
steps to transition research operations on the ISS to a greater
private-public operating relationship pursuant to section 203 of this
Act.
SEC. 203. NATIONAL LABORATORY STATUS FOR INTERNATIONAL SPACE STATION.
(a) In General.--In order to accomplish the objectives listed in
section 202, the United States segment of the ISS is hereby designated
a national laboratory facility. The Administrator, after consultation
with the Director of the Office of Science and Technology Policy, shall
develop the national laboratory facility to oversee scientific
utilization of an ISS national laboratory within the organizational
structure of NASA.
(b) National Laboratory Functions.--The Administrator shall seek to
use the national laboratory to increase the utilization of the ISS by
other national and commercial users and to maximize available NASA
funding for research through partnerships, cost-sharing agreements, and
arrangements with non-NASA entities.
(c) Implementation Plan.--Within 1 year after the date of enactment
of this Act, the Administrator shall provide an implementation plan to
the Senate Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Science for establishment of the
ISS national laboratory facility which, at a minimum, shall include--
(1) proposed on-orbit laboratory functions;
(2) proposed ground-based laboratory facilities;
(3) detailed laboratory management structure, concept of
operations, and operational feasibility;
(4) detailed plans for integration and conduct of ground
and space-based research operations;
(5) description of funding and workforce resource
requirements necessary to establish and operate the laboratory;
(6) plans for accommodation of existing international
partner research obligations and commitments; and
(7) detailed outline of actions and timeline necessary to
implement and initiate operations of the laboratory.
(d) U.S. 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.
SEC. 204. COMMERCIAL SUPPORT OF INTERNATIONAL SPACE STATION OPERATIONS
AND UTILIZATION.
The Administrator shall purchase commercial services for support of
the ISS for cargo and other needs, and for enhancement of the
capabilities of the ISS, to the maximum extent possible, in accordance
with Federal procurement law.
SEC. 205. USE OF THE INTERNATIONAL SPACE STATION AND ANNUAL REPORT.
(a) Policy.--It is the policy of the United States--
(1) to ensure diverse and growing utilization of benefits
from the ISS; and
(2) to increase commercial operations in low-Earth orbit
and beyond that are supported by national and commercial space
transportation capabilities.
(b) Use of International Space Station.--The Administrator shall
conduct broadly focused scientific and exploration research and
development activities using the ISS in a manner consistent with the
provisions of this title, and advance the Nation's exploration of the
Moon and beyond, using the ISS as a test-bed and outpost for
operations, engineering, and scientific research.
(c) Reports.--No later than March 31 of each year the Administrator
shall submit a report to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on Science on
the use of the ISS for these purposes, with implementation milestones
and associated results.
TITLE III--NATIONAL SPACE TRANSPORTATION POLICY
SEC. 301. UNITED STATES HUMAN-RATED LAUNCH CAPACITY ASSESSMENT.
Notwithstanding any other provision of law, the Administrator
shall, within 60 days after the date of enactment of this Act, provide
to the Senate Committee on Commerce, Science, and Transportation and
the House of Representatives Committee on Science, a full description
of the transportation requirements needed to support the space launch
and transportation transition implementation plan required by section
136 of this Act, as well as for the ISS, including--
(1) the manner in which the capabilities of any proposed
human-rated crew and launch vehicles meet the requirements of
the implementation plan under section 136 of this Act;
(2) a retention plan of skilled personnel from the legacy
Shuttle program which will sustain the level of safety for that
program through the final flight and transition plan that will
ensure that any NASA programs can utilize the human capital
resources of the Shuttle program, to the maximum extent
practicable;
(3) the implications for and impact on the Nation's
aerospace industrial base;
(4) the manner in which the proposed vehicles contribute to
a national mixed fleet launch and flight capacity;
(5) the nature and timing of the transition from the Space
Shuttle to the workforce, the proposed vehicles, and any
related infrastructure;
(6) support for ISS crew transportation, ISS utilization,
and lunar exploration architecture;
(7) for any human rated vehicle, a crew escape system, as
well as substantial protection against orbital debris strikes
that offers a high level of safety;
(8) development risk areas;
(9) the schedule and cost;
(10) the relationship between crew and cargo capabilities;
and
(11) the ability to reduce risk through the use of
currently qualified hardware.
SEC. 302. SPACE SHUTTLE TRANSITION.
(a) Policy Statement.--It is the policy of the United States to
possess the capability for assured human access to space. The
Administrator shall act to ensure that the United States retains that
capacity on a continuous basis. The Administrator shall conduct the
transition from the Space Shuttle orbiter to a replacement capacity in
a manner that efficiently uses the personnel, capabilities, and
infrastructure that are currently available to the extent feasible.
(b) Progress Report.--Within 180 days after the date of enactment
of this Act and annually thereafter, the Administrator shall report to
the Senate Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Science on the progress and the
estimated amount of time before the next generation human-rated NASA
spacecraft will demonstrate crewed, orbital spaceflight.
(c) Policy Compliance Report.--If, 1 year before the final flight
of the Space Shuttle orbiter, the United States has not demonstrated a
replacement human space flight system, the Administrator shall certify
that the United States cannot uphold the policy outlined in subsection
(a) and shall provide a report to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives Committee
on Science describing--
(1) United States strategic risks associated with the
hiatus or gap;
(2) the estimated length of time during which the United
States will not have independent 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.
(d) Transition Plan Report.--After providing the information
required by section 301 to the Committees, the Administrator shall
transmit a report to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on Science
containing a detailed and comprehensive Space Shuttle transition plan
that includes any necessary recertification, including requirements,
assumptions, and milestones, in order to utilize the Space Shuttle
orbiter beyond calendar year 2010.
(e) Contract Terminations; Vendor Replacements.--The Administrator
may not terminate any contracts nor replace any vendors associated with
the Space Shuttle until the Administrator transmits the report required
by subsection (b) to the Committees.
SEC. 303. COMMERCIAL LAUNCH VEHICLES.
It is the sense of Congress that the Administrator should use
current and emerging commercial launch vehicles to fulfill appropriate
mission needs, including the support of low-Earth orbit and lunar
exploration operations.
SEC. 304. SECONDARY PAYLOAD CAPABILITY.
(a) In General.--In order to help develop a cadre of experienced
engineers and to provide more routine and affordable access to space,
the Administrator shall provide the capabilities to support secondary
payloads on United States launch vehicles, including free flyers, for
satellites or scientific payloads weighing less than 500 kilograms.
(b) Feasibility Study.--The Administrator shall initiate a
feasibility study for establishing a National Free Flyer Launch Center
as a means of consolidating and integrating secondary launch
capabilities, launch opportunities, and payloads.
(c) Assessment.--The feasibility study required in this section
shall include an assessment of the potential utilization of existing
launch and launch support facilities and capabilities in the states of
Montana and New Mexico and their respective contiguous states, and the
state of Alaska, and shall include an assessment of the feasibility of
integrating the potential National Free Flyer Launch Center within the
operations and facilities of an existing non-profit organization such
as the Inland Northwest Space Alliance in Missoula, Montana, or similar
entity.
SEC. 305. POWER AND PROPULSION REPORTING.
The Administrator shall, within 180 days after the date of
enactment of this Act, provide to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives Committee
on Science, a full description of plans to develop and utilize nuclear
power and nuclear propulsion capabilities to achieve agency goals and
any requirements in this Act, and address how those plans meet the
intent of the Vision for Space Exploration and the President's Space
Transportation Policy Directive.
SEC. 306. UTILIZATION OF NASA FIELD CENTERS AND WORKFORCE.
(a) In General.--In budgeting for and carrying out elements of this
title, the Administrator shall make the most effective use of existing
research, development, testing, and space exploration expertise and
facilities resident within NASA field centers.
(b) Responsibilities of Field Centers.--The Administrator shall
take appropriate action to balance responsibilities between the field
centers for leading the development of systems relevant to the Vision
for Space Exploration, including systems identified in this title or
any architecture studies performed by NASA.
TITLE IV--ENABLING COMMERCIAL ACTIVITY
SEC. 401. COMMERCIALIZATION PLAN.
(a) In General.--The Administrator, in consultation with the
Associate Administrator for Space Transportation of the Federal
Aviation Administration, the Director of the Office of Space
Commercialization of the Department of Commerce, and any other relevant
agencies, shall develop a commercialization plan to support the human
missions to the Moon and Mars, to support Low-Earth Orbit activities
and Earth science mission 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 the development of technologies
and services, shall 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 non-reimbursable agreements under the National
Aeronautics and Space Act of 1958 (42 U.S.C. 2451 et seq.).
(b) Report.--Within 180 days after the date of enactment of this
Act, the Administrator shall submit a copy of the plan to the Senate
Committee on Commerce, Science, and Transportation and the House of
Representatives Committee on Science.
SEC. 402. COMMERCIAL TECHNOLOGY TRANSFER PROGRAM.
(a) In General.--The Administrator shall execute a commercial
technology transfer program with the goal of facilitating the exchange
services, products, and intellectual property between NASA and the
private sector. This program shall be maintained in a manner that
provides measurable benefits for the agency, the domestic economy, and
research communities.
(b) Program Structure.--In carrying out the program described in
paragraph (a), the Administrator shall maintain the funding and program
structure of NASA's existing technology transfer and commercialization
organizations through the end of fiscal year 2006.
SEC. 403. AUTHORITY FOR COMPETITIVE PRIZE PROGRAM TO ENCOURAGE
DEVELOPMENT OF ADVANCED SPACE AND AERONAUTICAL
TECHNOLOGIES.
Title III of the National Aeronautics and Space Act of 1958 (42
U.S.C. 2451 et seq.) is amended by adding at the end the following:
``SEC. 316. PROGRAM ON COMPETITIVE AWARD OF PRIZES TO ENCOURAGE
DEVELOPMENT OF ADVANCED SPACE AND AERONAUTICAL
TECHNOLOGIES.
``(a) Program Authorized.--
``(1) In general.--The Administrator may carry out a
program to award prizes to stimulate innovation in basic and
applied research, technology development, and prototype
demonstration that have the potential for application to the
performance of the space and aeronautical activities of the
Administration.
``(2) Use of prize authority.--In carrying out the program,
the Administrator shall seek to develop and support
technologies and areas identified in section 134 of this Act or
other areas that the Administrator determines to be providing
impetus to NASA's overall exploration and science architecture
and plans, such as private efforts to detect near Earth objects
and, where practicable, utilize the prize winner's technologies
in fulfilling NASA's missions. The Administrator shall widely
advertise any competitions conducted under the program and must
include advertising to research universities.
``(3) Coordination.--The program shall be implemented in
compliance with section 138 of the National Aeronautics and
Space Administration Authorization Act of 2005.
``(b) Program Requirements.--
``(1) Competitive process.--Recipients of prizes under the
program under this section shall be selected through one or
more competitions conducted by the Administrator.
``(2) Advertising.--The Administrator shall widely
advertise any competitions conducted under the program.
``(c) Registration; Assumption of Risk.--
``(1) Registration.--Each potential recipient of a prize in
a competition under the program under this section shall
register for the competition.
``(2) Assumption of risk.--In registering for a competition
under paragraph (1), a potential recipient of a prize shall
assume any and all risks, and waive claims against the United
States Government and its related entities, for any injury,
death, damage, or loss of property, revenue, or profits,
whether direct, indirect, or consequential, arising from
participation in the competition, whether such injury, death,
damage, or loss arises through negligence or otherwise, except
in the case of willful misconduct.
``(3) Related entity defined.--In this subsection, the term
`related entity' includes a contractor or subcontractor at any
tier, a supplier, user, customer, cooperating party, grantee,
investigator, or detailee.
``(d) Limitations.--
``(1) Total amount.--The total amount of cash prizes
available for award in competitions under the program under
this section in any fiscal year may not exceed $50,000,000.
``(2) Approval required for large prizes.--No competition
under the program may result in the award of more than
$1,000,000 in cash prizes without the approval of the
Administrator or a designee of the Administrator.
``(e) Relationship to Other Authority.--The Administrator may
utilize the authority in this section in conjunction with or in
addition to the utilization of any other authority of the Administrator
to acquire, support, or stimulate basic and applied research,
technology development, or prototype demonstration projects.
``(f) Availability of Funds.--Funds appropriated for the program
authorized by this section shall remain available until expended.''.
SEC. 404. COMMERCIAL GOODS AND SERVICES.
It is the sense of the Congress that NASA should purchase
commercially available space goods and services to the fullest extent
feasible in support of the human missions beyond Earth and should
encourage commercial use and development of space to the greatest
extent practicable.
TITLE V--AERONAUTICS RESEARCH AND DEVELOPMENT
SEC. 501. GOVERNMENTAL INTEREST IN AERONAUTICS.
Congress reaffirms the national commitment to aeronautics research
made in the National Aeronautics and Space Act of 1958. Aeronautical
research and development remains a core mission of NASA. NASA is the
lead agency for civil aeronautics research. NASA shall conduct a robust
program of aeronautics research that includes fundamental basic
research as well as research in the fields of vehicle systems and of
safety and security.
SEC. 502. NATIONAL POLICY FOR AERONAUTICS RESEARCH AND DEVELOPMENT.
(a) In General.--The President shall develop through NASA and other
relevant entities, a national aeronautics policy to guide the
aeronautics programs of the United States through the year 2020. The
development of this policy shall utilize external studies that have
been conducted on the state of United States aeronautics and aviation
research and have suggested policies to ensure continued
competitiveness.
(b) Content.--At a minimum the national aeronautics policy shall
describe--
(1) national goals for aeronautics research;
(2) the priority areas of research for aeronautics through
fiscal year 2011;
(3) the basis of which and the process by which priorities
for ensuing fiscal years will be selected; and
(4) respective roles and responsibilities of various
Federal agencies in aeronautics research.
(c) NASA Input.--In providing input to and executing the National
Aeronautics Policy, the Administrator, shall consider the following
issues:
(1) The established governmental interest in conducting
research and development programs for improvement of the
usefulness, performance, speed, safety, and efficiency of
aeronautical and vehicles, as described in section 102(c)(2) of
the National Aeronautics and Space Act of 1958 and reaffirmed
in section 501.
(2) The established governmental interest in conducting
research and development programs that contribute to
preservation of the role of the United States as a global
leader in aeronautical technologies and in the application
thereof in section 102(c)(5) of the National Aeronautics and
Space Act of 1958 and reaffirmed in section 501.
(3) The appropriate balance between long-term, high risk
research and shorter, more incremental research, and the
expected impact on the United States economy and public good.
(4) The appropriate balance between in-house research and
procurement with industry and academia.
(5) The extent to which NASA should address military and
commercial aviation needs.
(6) How NASA will coordinate its aeronautics program with
other Federal agencies.
(7) Opportunities for partnerships with the private sector.
(d) Schedule.--
(1) No later than 1 year after the date of enactment of
this Act, the President shall submit the national aeronautics
policy to the Appropriations Committees of the House of
Representatives and the Senate, the House Committee on Science,
and the Senate Committee on Commerce, Science, and
Transportation.
(2) No later than 60 days after the transmittal of the
policy, the Administrator shall submit NASA's response to the
policy, to the Appropriations Committees of the House of
Representatives and the Senate, the House Committee on Science,
and the Senate Committee on Commerce, Science and
Transportation.
SEC. 503. HIGH PRIORITY AERONAUTICS RESEARCH AND DEVELOPMENT PROGRAMS.
(a) In General.--In its role as lead agency for civil aeronautics
research and development, NASA shall develop programs and projects in
accordance with the National Aeronautics Policy described in section
502, as well program areas listed in subsection (b). These programs
must be driven by scientific merit.
(b) Research and Development.--In executing an aeronautics research
and development program, the Administrator shall, at a minimum, within
the budgetary and programmatic resources provided, conduct programs in
the following areas:
(1) Fundamental 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. The Administrator shall set
aside no less than 5 percent of the aeronautics budget for this
program. As part of this program, the Administrator is
encouraged to make merit-reviewed grants to institutions of
higher learning, including such institutions located in states
that participate in the Experimental Program to Stimulate
Competitive Research.
(2) Vehicle systems research and technology.--In order to
maintain United States economic competitiveness and protect the
environment, the Administrator shall establish programs in each
of the following technology areas:
(A) Environmental aircraft research and
development.--The Administrator shall establish an
initiative with the objective of developing and
demonstrating in a relevant environment, technologies
to enable the following commercial aircraft performance
characteristics:
(i) 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;
(ii) 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; and
(iii) 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 shall establish an
initiative with the objective of developing and
demonstrating in a relevant environment within 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 shall 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 shall
establish a hypersonics research program whose
objective shall be to explore the science and
technology of hypersonic flight using air-breathing
propulsion concepts, through a mix of theoretical work,
basic and applied research, and development of flight
research demonstration vehicles. Emphasis in the
program shall be given to advancing and demonstrating
turbine engine technology in the transition to
hypersonic range Mach 3 to Mach 5.
(E) Revolutionary aeronautical concepts.--The
Administrator shall 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) More electric aircraft initiative.--The
Administrator shall establish a program for innovative
and focused research and development such as fuel cell
technologies.
(3) Airspace systems research.--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. In pursuing
research and development in this area, 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.
(4) Aviation safety and security research.--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.
SEC. 504. TEST FACILITIES.
(a) Prior to completion of the National Aeronautics Policy
described in section 502 and transmittal of such policy pursuant to
subsection (d) of that section, the Administrator may not close,
suspend, or terminate contracts for the operation of major aeronautical
test facilities, including wind tunnels, unless the Administrator--
(1) certifies in writing that such closure will not have an
adverse impact on NASA's ability to execute the National Policy
and achieve the goals described in that Policy; and
(2) provides notification to and receives concurrence from
the Appropriations Committees of the House of Representatives
and the Senate, the House Committee on Science, and the Senate
Committee on Commerce, Science and Transportation 60 days in
advance of such action.
SEC. 505. MISCELLANEOUS PROVISIONS.
(a) Workforce Development.--The Administrator shall encourage the
development of a skilled and diverse aeronautics research workforce
using appropriate available tools such as grants, scholarships for
service, and fellowships.
(b) Alignment of Programs.--Notwithstanding any other provision of
this title, the Administrator shall align NASA's aeronautics program
with priorities established by the Joint Planning and Development
Office and by the National Aeronautics Policy described in section 502
of this Act.
TITLE VI--MISCELLANEOUS ADMINISTRATIVE IMPROVEMENTS
SEC. 601. EXTENSION OF INDEMNIFICATION AUTHORITY.
Section 309 of the National Aeronautics and Space Act of 1958 (42
U.S.C. 2458c) is amended by striking ``December 31, 2002'' and
inserting ``December 31, 2007'', and by striking ``September 30, 2005''
and inserting ``December 31, 2009''.
SEC. 602. INTELLECTUAL PROPERTY PROVISIONS.
Section 305 of the National Aeronautics and Space Act of 1958 (42
U.S.C. 2457) is amended by inserting after subsection (f) the
following:
``(g) Assignment of Patent Rights, etc.--
``(1) In general.--Under agreements entered into pursuant
to paragraph (5) or (6) of section 203(c) of this Act (42
U.S.C. 2473(c)(5) or (6)), the Administrator may--
``(A) grant or agree to grant in advance to a
participating party, patent licenses or assignments, or
options thereto, in any invention made in whole or in
part by an Administration employee under the agreement;
or
``(B) subject to section 209 of title 35, grant a
license to an invention which is Federally owned, for
which a patent application was filed before the signing
of the agreement, and directly within the scope of the
work under the agreement, for reasonable compensation
when appropriate.
``(2) Exclusivity.--The Administrator shall ensure, through
such agreement, that the participating party has the option to
choose an exclusive license for a pre-negotiated field of use
for any such invention under the agreement or, if there is more
than 1 participating party, that the participating parties are
offered the option to hold licensing rights that collectively
encompass the rights that would be held under such an exclusive
license by one party.
``(3) Conditions.--In consideration for the Government's
contribution under the agreement, grants under this subsection
shall be subject to the following explicit conditions:
``(A) A nonexclusive, nontransferable, irrevocable,
paid-up license from the participating party to the
Administration to practice the invention or have the
invention practiced throughout the world by or on
behalf of the Government. In the exercise of such
license, the Government shall not publicly disclose
trade secrets or commercial or financial information
that is privileged or confidential within the meaning
of section 552 (b)(4) of title 5, United States Code,
or which would be considered as such if it had been
obtained from a non-Federal party.
``(B) If the Administration assigns title or grants
an exclusive license to such an invention, the
Government shall retain the right--
``(i) to require the participating party to
grant to a responsible applicant a
nonexclusive, partially exclusive, or exclusive
license to use the invention in the applicant's
licensed field of use, on terms that are
reasonable under the circumstances; or
``(ii) if the participating party fails to
grant such a license, to grant the license
itself.
``(C) The Government may exercise its right
retained under subparagraph (B) only in exceptional
circumstances and only if the Government determines
that--
``(i) the action is necessary to meet
health or safety needs that are not reasonably
satisfied by the participating party;
``(ii) the action is necessary to meet
requirements for public use specified by
Federal regulations, and such requirements are
not reasonably satisfied by the participating
party; or
``(iii) the action is necessary to comply
with an agreement containing provisions
described in section 12(c)(4)(B) of the
Stevenson-Wydler Technology Innovation Act of
1980 (15 U.S.C. 3710a(c)(4)(B)).
``(4) Appeal and review of determination.--A
determination under paragraph (3)(C) is subject to
administrative appeal and judicial review under section
203(b) of title 35, United States Code.''.
SEC. 603. RETROCESSION OF JURISDICTION.
Title III of the National Aeronautics and Space Act of 1958, as
amended by section 602 of this Act, is further amended by adding at the
end the following:
``SEC. 317. RETROCESSION OF JURISDICTION.
``Notwithstanding any other provision of law, the Administrator
may, whenever the Administrator considers it desirable, relinquish to a
State all or part of the legislative jurisdiction of the United States
over lands or interests under the Administrator's control in that
State. Relinquishment of legislative jurisdiction under this section
may be accomplished (1) by filing with the Governor of the State
concerned a notice of relinquishment to take effect upon acceptance
thereof, or (2) as the laws of the State may otherwise provide.''.
SEC. 604. RECOVERY AND DISPOSITION AUTHORITY.
Title III of the National Aeronautics and Space Act of 1958, as
amended by section 603 of this Act, is further amended by adding at the
end the following:
``SEC. 318. RECOVERY AND DISPOSITION AUTHORITY.
``(a) In General.--
``(1) Control of remains.--Subject to paragraph (2), 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.
``(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) 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. 605. REQUIREMENT FOR INDEPENDENT COST ANALYSIS.
Section 301 of the National Aeronautics and Space Administration
Authorization Act of 2000 (42 U.S.C. 2459g) amended--
(1) by striking ``Phase B'' in subsection (a) and inserting
``implementation'';
(2) by striking ``Chief Financial Officer'' each place it
appears in subsection (a) and inserting ``Administrator'';
(3) by inserting ``and consider'' in subsection (a) after
``shall conduct''; and
(4) by striking subsection (b) and inserting the following:
``(b) Implementation Defined.--In this section, the term
`implementation' means all activity in the life cycle of a program or
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 to the
customers.''.
SEC. 606. ELECTRONIC ACCESS TO BUSINESS OPPORTUNITIES.
Title III of the National Aeronautics and Space Act of 1958, as
amended by section 604 of this Act, is further amended by adding at the
end the following:
``SEC. 319. ELECTRONIC ACCESS TO BUSINESS OPPORTUNITIES.
``(a) In General.--The Administrator may implement a pilot program
providing for reduction in the waiting period between publication of
notice of a proposed contract action and release of the solicitation
for procurements conducted by the National Aeronautics and Space
Administration.
``(b) Applicability.--The program implemented under subsection (a)
shall apply to non-commercial acquisitions--
``(1) with a total value in excess of $100,000 but not more
than $5,000,000, including options;
``(2) that do not involve bundling of contract requirements
as defined in section 3(o) of the Small Business Act (15 U.S.C.
632(o)); and
``(3) for which a notice is required by section 8(e) of the
Small Business Act (15 U.S.C. 637(e)) and section 18(a) of the
Office of Federal Procurement Policy Act (41 U.S.C. 416(a)).
``(c) Notice.--
``(1) Notice of acquisitions subject to the program
authorized by this section shall be made accessible through the
single Government-wide point of entry designated in the Federal
Acquisition Regulation, consistent with section 30(c)(4) of the
Office of Federal Procurement Policy Act (41 U.S.C. 426(c)(4)).
``(2) Providing access to notice in accordance with
paragraph (1) satisfies the publication requirements of section
8(e) of the Small Business Act (15 U.S.C. 637(e)) and section
18(a) of the Office of Federal Procurement Policy Act (41
U.S.C. 416(a)).
``(d) Solicitation.--Solicitations subject to the program
authorized by this section shall be made accessible through the
Government-wide point of entry, consistent with requirements set forth
in the Federal Acquisition Regulation, except for adjustments to the
wait periods as provided in subsection (e).
``(e) Wait Period.--
``(1) Whenever a notice required by section 8(e)(1)(A) of
the Small Business Act (15 U.S.C. 637(e)(1)(A)) and section
18(a) of the Office of Federal Procurement Policy Act (41
U.S.C. 416(a)) is made accessible in accordance with subsection
(c) of this section, the wait period set forth in section
8(e)(3)(A) of the Small Business Act (15 U.S.C. 637(e)(3)(A))
and section 18(a)(3)(A) of the Office of Federal Procurement
Policy Act (41 U.S.C. 416(a)(3)(A)), shall be reduced by 5
days. If the solicitation applying to that notice is accessible
electronically in accordance with subsection (d) simultaneously
with issuance of the notice, the wait period set forth in
section 8(e)(3)(A) of the Small Business Act (15 U.S.C.
637(e)(3)(A)) and section 18(a)(3)(A) of the Office of Federal
Procurement Policy Act (41 U.S.C. 416(a)(3)(A)) shall not apply
and the period specified in section 8(e)(3)(B) of the Small
Business Act and section 18(a)(3)(B) of the Office of Federal
Procurement Policy Act for submission of bids or proposals
shall begin to run from the date the solicitation is
electronically accessible.
``(2) When a notice and solicitation are made accessible
simultaneously and the wait period is waived pursuant to
paragraph (1), the deadline for the submission of bids or
proposals shall be not less than 5 days greater than the
minimum deadline set forth in section 8(e)(3)(B) of the Small
Business Act (15 U.S.C. 637(e)(3)(B)) and section 18(a)(3)(B)
of the Office of Federal Procurement Policy Act (41 U.S.C.
416(a)(3)(B)).
``(f) Implementation.--
``(1) Nothing in this section shall be construed as
modifying regulatory requirements set forth in the Federal
Acquisition Regulation, except with respect to--
``(A) the applicable wait period between
publication of notice of a proposed contract action and
release of the solicitation; and
``(B) the deadline for submission of bids or
proposals for procurements conducted in accordance with
the terms of this pilot program.
``(2) This section shall not apply to the extent the
President determines it is inconsistent with any international
agreement to which the United States is a party.
``(g) Study.--Within 18 months after the effective date of the
program, NASA, in coordination with the Small Business Administration,
the General Services Administration, and the Office of Management and
Budget, shall evaluate the impact of the pilot program and submit to
Congress a report that--
``(1) sets forth in detail the results of the test,
including the impact on competition and small business
participation; and
``(2) addresses whether the pilot program should be made
permanent, continued as a test program, or allowed to expire.
``(h) Regulations.--The Administrator shall publish proposed
revisions to the NASA Federal Acquisition Regulation Supplement
necessary to implement this section in the Federal Register not later
than 120 days after the date of enactment of the National Aeronautics
and Space Administration Authorization Act of 2005. The Administrator
shall--
``(1) make the proposed regulations available for public
comment for a period of not less than 60 days; and
``(2) publish final regulations in the Federal Register not
later than 240 days after the date of enactment of that Act.
``(i) Effective Date.--
``(1) In general.--The pilot program authorized by this
section shall take effect on the date specified in the final
regulations promulgated pursuant to subsection (h)(2).
``(2) Limitation.--The date so specified shall be no less
than 30 days after the date on which the final regulation is
published.
``(j) Expiration of Authority.--The authority to conduct the pilot
program under subsection (a) and to award contracts under such program
shall expire 2 years after the effective date established in the final
regulations published in the Federal Register under subsection
(h)(2).''.
SEC. 607. REPORTS ELIMINATION.
(a) Repeals.--The following provisions of law are repealed:
(1) Section 201 of the National Aeronautics and Space
Administration Authorization Act of 2000 (42 U.S.C. 2451 note).
(2) Section 304(d) of the Federal Aviation Administration
Research, Engineering, and Development Authorization Act of
1992 (49 U.S.C. 47508 note).
(b) Amendments.--
(1) Section 315 of the National Aeronautics and Space
Administration Act of 1958 (42 U.S.C. 2459j) is amended by
striking subsection (a) and redesignating subsections (b)
through (f) as subsections (a) through (e).
(2) Section 315(a) of the National Aeronautics and Space
Administration Authorization Act, Fiscal Year 1993 (42 U.S.C.
2487a(c)) is amended by striking subsection (c) and
redesignating subsection (d) as subsection (c).
(3) Section 323 of the National Aeronautics and Space
Administration Authorization Act of 2000 is amended by striking
subsection (a).
SEC. 608. 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. 609. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW AND REPORT.
(a) Review.--The Comptroller General of the United States shall
conduct a review of NASA's policies, processes, and procedures in the
planning and management of applications research and development
implemented in calendar years 2001 to 2005 within the Applied Sciences
Directorate and former Earth Science Applications Program. A formal and
transparent peer review process that instills public and stakeholder
confidence in NASA's sponsored applications research and development
programs is important and the process by which this program defines
requirements, scopes programs, selects peer reviewers, manages the
research competition, and selects proposals is of concern. The 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--
(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;
(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--
(A) the National Institutes of Health's 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) the Department of Agriculture's research
programs and structure, peer review process, management
of conflicts of interest, compensation of reviewers,
and the effects of compensation on reviewer efficiency
and quality; and
(C) the ``best practices'' of both in the planning,
selection, and management of applied sciences research
and development.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Comptroller General shall submit a report to the
Senate Committee on Commerce, Science, and Transportation and the House
of Representatives Committee on Science describing the results of the
review conducted under subsection (a), including recommendations for
NASA best practices.
(c) Implementation.--Not later than 90 days after receipt of the
report, NASA shall provide the Senate Committee on Commerce, Science,
and Transportation and the House of Representatives Committee on
Science a plan describing the implementation of those recommendations.
Passed the Senate September 28, 2005.
Attest:
Secretary.
109th CONGRESS
1st Session
S. 1281
_______________________________________________________________________
AN ACT
To authorize appropriations for the National Aeronautics and Space
Administration for science, aeronautics, exploration, exploration
capabilities, and the Inspector General, and for other purposes, for
fiscal years 2006, 2007, 2008, 2009, and 2010.