[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1281 Reported in Senate (RS)]


                                                       Calendar No. 174
109th CONGRESS
  1st Session
                                S. 1281

                          [Report No. 109-108]

  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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 21, 2005

 Mrs. Hutchison (for herself, Mr. Nelson of Florida, Mr. Stevens, Mr. 
  Inouye, and Mr. Lott) introduced the following bill; which was read 
     twice and referred to the Committee on Commerce, Science, and 
                             Transportation

                             July 26, 2005

                Reported by Mr. Stevens, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
  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. National policy for aeronautics research and development.
Sec. 138. Identification of unique NASA core aeronautics research.
Sec. 139. Lessons learned and best practices.
Sec. 140. Safety management.
Sec. 141. Creation of a budget structure that aids effective oversight 
                            and management.
Sec. 142. Earth observing system.
Sec. 143. NASA healthcare program.
Sec. 144. Assessment of extension of data collection from Ulysses and 
                            Voyager spacecraft.
Sec. 145. Program to expand distance learning in rural underserved 
                            areas.
Sec. 146. Institutions in NASA'S minority institutions program.
Sec. 147. Aviation safety program.
Sec. 148. Atmospheric, geophysical, and rocket research authorization.
Sec. 149. Orbital debris.
Sec. 150. Continuation of certain educational programs.
Sec. 151. Establishment of the Charles ``Pete'' Conrad Astronomy Awards 
                            Program.
Sec. 152. GAO assessment of feasibility of Moon and Mars exploration 
                            missions.
             Subtitle C--Limitations and Special Authority

Sec. 161. Official representational fund.
Sec. 161. Facilities management.
                 TITLE II--INTERNATIONAL SPACE STATION

Sec. 201. International Space Station completion.
Sec. 202. Research and support capabilities on international Space 
                            Station.
Sec. 20d. 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.
                 TITLE IV--ENABLING COMMERCIAL ACTIVITY

Sec. 401. Commercialization plan.
Sec. 402. Authority for competitive prize program to encourage 
                            development of advanced space and 
                            aeronautical technologies.
Sec. 403. Commercial goods and services.
           TITLE V--MISCELLANEOUS ADMINISTRATIVE IMPROVEMENTS

Sec. 501. Extension of indemnification authority.
Sec. 502. Intellectual property provisions.
Sec. 503. Retrocession of jurisdiction.
Sec. 504. Recovery and disposition authority.
Sec. 505. Requirement for independent cost analysis.
Sec. 506. Electronic access to business opportunities.
Sec. 507. Reports elimination.

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--
                    (A) inspire the Nation;
                    (B) spur commerce, imagination, and excitement 
                around the world; and
                    (C) open the possibility of further exploration of 
                Mars.
            (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.
        <DELETED>    (9) The United States should remain the world 
        leader in aeronautics and aviation. NASA should align its 
        aerospace research to ensure United States leadership. A 
        national effort is needed to assess NASA's aeronautics programs 
        and infrastructure to allow a consolidated national approach 
        that ensures efficiency and national preeminence in aeronautics 
        and aviation.</DELETED>
            (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 <DELETED>manner; </DELETED>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;
            (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, <DELETED>local, regional, and tribal agencies 
        </DELETED>local, and tribal governments that use government and 
        commercial remote sensing capabilities and other sources of 
        geospatial information to address their needs; <DELETED>and
        </DELETED>    (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 <DELETED>Earth. 
        </DELETED>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; and
            (4) conduct an intensive in-situ resource utilization 
        technology program in order to develop the capability to use 
        space resources to increase independence from Earth, and 
        sustain exploration beyond low-Earth orbit.

SEC. 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. NATIONAL POLICY FOR AERONAUTICS RESEARCH AND DEVELOPMENT.

    (a) In General.--The President, through the Director of the Office 
of Science and Technology Policy, shall develop, in consultation with 
NASA and other relevant Federal agencies, 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.
<DELETED>    (c) National Assessment of Aeronautics Infrastructure and 
Capabilities.--In developing the national aeronautics policy, the 
President, through the Director of the Office of Science and Technology 
Policy, shall conduct a national study of government-owned aeronautics 
research infrastructure to assess--</DELETED>
        <DELETED>    (1) uniqueness, mission dependency, and industry 
        need; and</DELETED>
        <DELETED>    (2) the development or initiation of a 
        consolidated national aviation research, development, and 
        support organization.</DELETED>
    (d) </DELETED>(c) Schedule.--No later than 1 year after the date of 
enactment of this Act, the President's Science Advisor and the 
Administrator 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.

SEC. 138. IDENTIFICATION OF UNIQUE NASA CORE AERONAUTICS RESEARCH.

    Within 180 days after the date of enactment of this Act, the 
Administrator shall submit a report to the Senate Committee on 
Commerce, Science, and Transportation and the House of Representatives 
Committee on Science that assesses the aeronautics research program for 
its current and potential application to new aeronautic and space 
vehicles and the unique aeronautical research and associated 
capabilities that must be retained and supported by NASA to further 
space exploration and support United States economic competitiveness.

SEC 139. 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. 140. 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. 141. 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. 142. 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 <DELETED>systems; </DELETED>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. 143. 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. 144. 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. 145. 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, includng 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. 146. 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. 147. 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. 148. 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. 149. 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. 150. 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. 151. 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. 152. 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.

             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.

    (a) In General.--Notwithstanding any other provision of law, the 
Administrator may convey, by sale, lease, exchange, or otherwise, 
including through leaseback arrangements, real and related personal 
property under the custody and control of the Administration, or 
interests therein, and retain the net proceeds of such dispositions in 
an account within NASA's working capital fund to be used for NASA's 
real property capital needs. All net proceeds realized under this 
section shall be obligated or expended only as authorized by 
appropriations Acts. To aid in the use of this authority, NASA shall 
develop a facilities investment plan that takes into account 
uniqueness, mission dependency, and other studies required by this Act.
    (b) Application of Other Law.--Sales transactions under this 
section are subject to section 501 of the McKinney-Vento Homeless 
Assistance Act (42 U.S.C. 11411).
    (c) Notice of Reprogramming.--If any funds authorized by this Act 
are subject to a reprogramming action that requires notice to be 
provided to the Appropriations Committees of the House of 
Representatives and the Senate, notice of such action shall 
concurrently be provided to the House of Representatives Committee on 
Science and the Senate Committee on Commerce, Science, and 
Transportation.
    (d) Definitions.--In this section:
            (1) Net proceeds.--The term ``net proceeds'' means the 
        rental and other sums received less the costs of the 
        disposition.
            (2) Real property capital needs.--The term ``real property 
        capital needs'' means any expenses necessary and incident to 
        the agency's real property capital acquisitions, improvements, 
        and dispositions.

                 TITLE 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 <DELETED>180 </DELETED>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; and
            (4) 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 <DELETED>needs </DELETED>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) In General.--In order to ensure continuous human access to 
space, the Administrator may not retire the Space Shuttle orbiter until 
a replacement human-rated spacecraft system has demonstrated that it 
can take humans into Earth orbit and return them safely, except as may 
be provided by law enacted after the date of enactment of this Act. The 
Administrator shall conduct the transition from the Space Shuttle 
orbiter to a replacement capability in a manner that uses the 
personnel, capabilities, assets, and infrastructure of the current 
Space Shuttle program to the maximum extent feasible.
    (b) 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.
    (c) 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.

    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.

                 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 <DELETED>services. </DELETED>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. 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. 403. 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--MISCELLANEOUS ADMINISTRATIVE IMPROVEMENTS

SEC. 501. 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. 502. INTELLECTUAL PROPERTY PROVISIONS.

    Section 305 of the National Aeronautics and Space Act of 
<DELETED>1958, as amended (42 U.S.C. 2457 et seq.), </DELETED> 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. 503. RETROCESSION OF JURISDICTION.

    Title III of the National Aeronautics and Space Act of 1958, as 
amended by section 502 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. 504. 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. 505. 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'';
        <DELETED>    (2) by striking ``$150,000,000'' in subsection (a) 
        and inserting ``$250,000,000'';</DELETED>
            (3) </DELETED>(2) by striking ``Chief Financial Officer'' 
        each place it appears in subsection (a) and inserting 
        ``Administrator'';
            <DELETED>(4) </DELETED>(3) by inserting ``and consider'' in 
        subsection (a) after ``shall conduct''; and
            <DELETED>(5) </DELETED> (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. 506. 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. 507. 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).
            (3) Section 323 of the National Aeronautics and Space 
        Administration Authorization Act of 2000.
    (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).
                                                       Calendar No. 174

109th CONGRESS

  1st Session

                                S. 1281

                          [Report No. 109-108]

_______________________________________________________________________

                                 A BILL

  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.

_______________________________________________________________________

                             July 26, 2005

                        Reported with amendments