[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6491 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 6491

     To preserve American space leadership, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 21, 2012

  Mr. Culberson (for himself, Mr. Wolf, Mr. Gene Green of Texas, Mr. 
 Cuellar, Mr. Smith of Texas, Mr. Sensenbrenner, Mr. Posey, Mr. Olson, 
   Mr. Calvert, Mr. West, Mr. Mack, Mr. Farenthold, Mr. Carter, Mr. 
 Thornberry, Mr. Burgess, Mr. McCaul, and Mr. Wittman) introduced the 
following bill; which was referred to the Committee on Science, Space, 
 and Technology, and in addition to the Committee on the Budget, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
     To preserve American space leadership, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Space Leadership Preservation Act of 
2012''.

SEC. 2. ADMINISTRATOR AND DEPUTY ADMINISTRATOR.

    Section 20111 of title 51, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by striking ``Administrator.--There is 
                established'' and inserting ``Administrator.--
            ``(1) In general.--There is established'';
                    (B) in paragraph (1), as so designated by 
                subparagraph (A) of this paragraph--
                            (i) by inserting ``, pursuant to paragraph 
                        (2),'' after ``who shall be appointed''; and
                            (ii) by inserting ``The Administrator shall 
                        serve for a term of 10 years.'' after ``and 
                        activities thereof.''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(2) Board of directors nominations.--The President shall 
        appoint the Administrator under paragraph (1) from among the 
        list of nominees provided by the Board of Directors pursuant to 
        section 20118(l)(2)(A). The President shall appoint a new 
        Administrator not later than 3 months after the first set of 
        nominees is so provided by the Board of Directors. The sitting 
        Administrator may serve in the position until a new 
        Administrator appointed pursuant to this paragraph is confirmed 
        by the Senate.''; and
            (2) in subsection (b)--
                    (A) by striking ``Administrator.--There shall be'' 
                and inserting ``Administrator.--
            ``(1) In general.--There shall be'';
                    (B) in paragraph (1), as so designated by 
                subparagraph (A) of this paragraph, by inserting ``, 
                pursuant to paragraph (2),'' after ``who shall be 
                appointed''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(2) Board of directors nominations.--The President shall 
        appoint the Deputy Administrator under paragraph (1) from among 
        the list of nominees provided by the Board of Directors 
        pursuant to section 20118(j)(2)(B).''.

SEC. 3. BOARD OF DIRECTORS.

    (a) Establishment.--Subchapter II of chapter 201 of title 51, 
United States Code, is amended by adding at the end the following new 
section:
``Sec. 20118. Board of Directors
    ``(a) Establishment.--There shall be established a Board of 
Directors for the National Aeronautics and Space Administration in 
accordance with this section, not later than 9 months after the date of 
enactment of the `Space Leadership Preservation Act of 2012'.
    ``(b) Membership and Appointment.--The Board shall consist of 11 
members to be appointed as follows:
            ``(1) Three members shall be appointed by the President.
            ``(2) Three members shall be appointed by the president pro 
        tempore of the Senate.
            ``(3) One member shall be appointed by the minority leader 
        of the Senate.
            ``(4) Three members shall be appointed by the Speaker of 
        the House of Representatives.
            ``(5) One member shall be appointed by the minority leader 
        of the House of Representatives.
In addition to the members appointed under paragraphs (1) through (5), 
the Administrator shall be an ex officio, nonvoting member of the 
Board.
    ``(c) Qualifications.--The persons appointed as members of the 
Board shall be--
            ``(1) former astronauts or scientists or engineers eminent 
        in the fields of human spaceflight, planetary science, space 
        science, Earth science, and aeronautics, or other scientific, 
        engineering, business, and social science disciplines related 
        to space and aeronautics;
            ``(2) selected on the basis of established records of 
        distinguished service; and
            ``(3) so selected as to provide representation of the views 
        of engineering, science, and aerospace leaders in all areas of 
        the Nation.
    ``(d) Limitation on Members.--An individual employed by or 
representing an organization with which the Administration has a 
contract is not eligible to serve on the Board, except for scientists 
employed by or representing colleges, universities, and other not-for-
profit organizations. Additionally, a former Board member may not take 
employment with or represent an organization with which the 
Administration has a contract, or which is seeking such a contract, for 
a period of 2 years following completion of service on the Board.
    ``(e) Terms.--The term of office of each member of the Board shall 
be 3 years, except that any member appointed to fill a vacancy 
occurring prior to the expiration of the term for which his predecessor 
was appointed shall be appointed for the remainder of such term. Any 
person who has been a member of the Board for 12 consecutive years 
shall thereafter be ineligible for appointment during the 2-year period 
following the expiration of such 12th year.
    ``(f) Travel Expenses.--Each member of the Board shall receive 
travel expenses, including per diem in lieu of subsistence, in 
accordance with applicable provisions under subchapter I of chapter 57 
of title 5, United States Code.
    ``(g) Meetings.--The Board shall meet quarterly and at such other 
times as the Chairman may determine, but the Chairman shall also call a 
meeting whenever one-third of the members so request in writing. The 
Board shall adopt procedures governing the conduct of its meetings, 
including delivery of notice and a definition of a quorum, which in no 
case shall be less than one-half plus one of the members of the Board.
    ``(h) Chairman and Vice Chairman.--The election of the Chairman and 
Vice Chairman of the Board shall take place at each first quarter 
meeting occurring in an even-numbered year. The Vice Chairman shall 
perform the duties of the Chairman in his absence. In case a vacancy 
occurs in the chairmanship or vice chairmanship, the Board shall elect 
a member to fill such vacancy.
    ``(i) Staff.--The Board may, with the concurrence of a majority of 
its members, permit the appointment of a staff consisting of 
professional staff members, technical and professional personnel on 
leave of absence from academic, industrial, or research institutions 
for a limited term, and such operations and support staff members as 
may be necessary. Such staff shall be appointed by the Chairman and 
assigned at the direction of the Board. The professional members and 
limited term technical and professional personnel of such staff may be 
appointed without regard to the provisions of title 5, United States 
Code, governing appointments in the competitive service, and the 
provisions of chapter 51 of such title relating to classification, and 
shall be compensated at a rate not exceeding the maximum rate payable 
under section 5376 of such title, as may be necessary to provide for 
the performance of such duties as may be prescribed by the Board in 
connection with the exercise of its powers and functions under this 
section.
    ``(j) Special Commissions.--The Board is authorized to establish 
such special commissions as it may from time to time deem necessary for 
the purposes of this section.
    ``(k) Committees.--The Board is also authorized to appoint from 
among its members such committees as it deems necessary, and to assign 
to committees so appointed such survey and advisory functions as the 
Board deems appropriate to assist it in exercising its powers and 
functions under this section.
    ``(l) Functions.--
            ``(1) Budget proposal.--Not later than November 15 of each 
        year, the Board shall provide to the President, and to the 
        Committee on Appropriations and the Committee on Science, 
        Space, and Technology of the House of Representatives and the 
        Committee on Appropriations and the Committee on Commerce, 
        Science, and Transportation of the Senate, a proposed budget 
        for the National Aeronautics and Space Administration for the 
        next fiscal year. Such budget shall--
                    ``(A) carry out the purpose described in section 
                20102(h);
                    ``(B) be based on--
                            ``(i) the best professional judgement of 
                        the Board;
                            ``(ii) recommendations from the scientific, 
                        engineering, and other technical experts 
                        communities; and
                            ``(iii) the recommendations of the most 
                        recent National Research Council decadal 
                        surveys; and
                    ``(C) follow such decadal survey's recommended 
                decision rules regarding program implementation, 
                including a strict adherence to the recommendation that 
                the National Aeronautics and Space Administration 
                include in a balanced program a flagship class mission, 
                which may be executed in cooperation with one or more 
                international partners.
            ``(2) Nominees for administrator, deputy administrator, and 
        chief financial officer.--The Board shall provide to the 
        President--
                    ``(A) a list of 3 nominees from which the President 
                shall appoint an Administrator pursuant to section 
                20111(a);
                    ``(B) a list of 3 nominees from which the President 
                shall appoint a Deputy Administrator pursuant to 
                section 20111(b); and
                    ``(C) a list of 3 nominees from which the President 
                shall appoint a Chief Financial Officer pursuant to 
                section 205(a) of the Chief Financial Officers Act (31 
                U.S.C. 901(a)).
        The Board shall provide the first set of nominees under this 
        paragraph not later than 15 months after the date of enactment 
        of the `Space Leadership Preservation Act of 2012'.
            ``(3) Reports.--
                    ``(A) Annual infrastructure, capabilities, and 
                workforce assessment.--The Board shall provide to the 
                President and the Congress annually a report assessing 
                the status of United States spaceflight infrastructure, 
                unique space capabilities, and the health of the United 
                States workforce necessary to maintain such 
                infrastructure and capabilities. The assessment shall 
                also identify areas of concern, gaps in capability 
                compared to foreign spaceflight capabilities, and 
                recommendations on how to strengthen or improve United 
                States capabilities and workforce.
                    ``(B) Specific policy matter reports.--The Board 
                shall provide to the President and the Congress reports 
                on specific, individual policy matters within the 
                authority of the Administration (or otherwise as 
                requested by the Congress or the President) related to 
                human space flight, planetary science, earth science, 
                aeronautics, and science, technology, engineering, and 
                mathematics education, as the Board, the President, or 
                the Congress determines the need for such reports.
            ``(4) Quadrennial review.--The Board shall provide to the 
        President and the Congress, not later than the later of 180 
        days after the establishment of the Board or the third 
        quarterly meeting of the Board, and once every 4 years 
        thereafter, a quadrennial review of current space programs and 
        a vision for future space exploration.
            ``(5) Removal of administrator for cause.--The Board may 
        provide to the President and the Congress a report recommending 
        the removal of the Administrator for cause. Any such report 
        shall include the reasons for such recommendation.
    ``(m) Budget Meetings.--Portions of Board meetings in which the 
Board considers the budget proposal required under subsection (l)(1) 
for a particular fiscal year may be closed to the public until the 
Board submits the proposal to the President and the Congress.
    ``(n) Financial Disclosure.--Members of the Board shall be required 
to file a financial disclosure report under title II of the Ethics in 
Government Act of 1978 (5 U.S.C. App. 92 Stat. 1836), except that such 
reports shall be held confidential and exempt from any law otherwise 
requiring their public disclosure.''.
    (b) Table of Sections.--The table of sections for chapter 201 of 
title 51, United States Code, is amended by adding at the end of the 
items for subchapter II the following new item:

``20118. Board of Directors.''.

SEC. 4. BUDGET PROPOSAL.

    Section 30103 of title 51, United States Code, is amended by adding 
at the end the following new subsection:
    ``(e) Board of Directors Proposal.--
            ``(1) Inclusion in president's proposed budget.--The 
        proposed budget for the Administration submitted to the 
        Congress by the President for each fiscal year shall include a 
        description of, and a detailed justification for, any 
        differences between the President's proposed budget and the 
        budget provided by the Board of Directors under section 
        20118(l)(1).
            ``(2) Elements of budget proposal.--Subsections (a) through 
        (d) of this section shall apply to the proposed budget provided 
        by the Board of Directors under section 20118(l)(1).''.

SEC. 5. LONG TERM CONTRACTING.

    (a) Amendments.--Section 20142 of title 51, United States Code, is 
amended--
            (1) in the section heading, by striking ``Contracts 
        regarding expendable launch vehicles'' and inserting ``Long 
        term contracting'';
            (2) in subsection (a), by--
                    (A) striking ``expendable launch vehicle services'' 
                and inserting ``rocket propulsion systems and manned 
                and unmanned space transportation vehicles and 
                payloads, including expendable launch vehicles, and any 
                other infrastructure intended for placement or 
                operation in space or on celestial bodies, and services 
                related thereto,''; and
                    (B) striking ``related to launch'' and inserting 
                ``related to''; and
            (3) in subsection (b), by striking ``launch services'' and 
        inserting ``the goods and services to have been provided under 
        the contract''.
    (b) Table of Sections Amendment.--The item relating to section 
20142 in the table of sections for chapter 201 of title 51, United 
States Code, is amended to read as follows:

``20142. Long term contracting.''.
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