[Congressional Record Volume 151, Number 83 (Tuesday, June 21, 2005)]
[Senate]
[Pages S6925-S6933]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. HUTCHISON (for herself and Mr. Nelson of Florida):
  S. 1281. 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; 
to the Committee on Commerce, Science, and Transportation.
  Mrs. HUTCHISON. Mr. President, my friend and colleague, the senior 
Senator from Florida, and I are today introducing a far-reaching bill 
to reauthorize the National Aeronautics and Space Administration for 5 
years, from fiscal year 2006 through fiscal year 2010.
  This legislation is already the product of close bipartisan 
cooperation among Republicans and Democrats, which should be a surprise 
to no one, for space exploration is something that is important to all 
Americans, and promises and provides benefits to all of us, to all of 
humanity.
  This bill represents an important opportunity for the Congress to 
play its fundamental role, in conjunction with the executive branch, in 
establishing the policies and principles that will guide our Nation's 
exploration and utilization of space.
  The President has outlined an ambitious new Vision for Exploration 
that enables us to see where we can be 30 and 40 years ahead, with a 
renewed US presence on the Moon and crews and habitats on Mars, and 
perhaps even beyond. I support and endorse that vision and believe it 
describes a course America must take into the future.
  This legislation expresses the sense of the Congress that such a 
broad, visionary goal is important and necessary to help stimulate our 
efforts today to develop the capabilities and the skills to reach that 
goal, and to reap tremendous benefits and rewards for all of us here on 
Earth as we do.

[[Page S6926]]

  The bill authorizes funding for NASA for the next 5 fiscal years, 
from fiscal year 2006 to fiscal year 2010. The authorized levels are 
close to those requested in the President's budget request for 2006 and 
increase at a level to keep pace with estimates of inflation over the 
subsequent years.
  Where the legislation differs from the President's request or from 
the plans that have been developed at NASA to begin the vision for 
exploration, we believe the adjustments made in this legislation will 
improve NASA's capability to carry out those plans and to sustain the 
high level of public and congressional support necessary for the long-
term success of the vision for exploration.
  Those differences revolve around two major areas of concern: (1) the 
need to ensure a sustained, continuous ability for the United States to 
launch crews and cargo into orbit; and (2) the need to maintain our 
existing commitments to both our international partners and our 
scientific partners in the International Space Station.
  In other areas of space policy and programs, we have included 
language which expands on the administration proposals. We provide for 
the establishment, by the President, of a proposed National Policy for 
Aeronautics and Aeronautical Research, to provide a framework for 
making intelligent and far-reaching decisions about this crucial aspect 
of our Nation's ability to remain competitive in the global market of 
aeronautics. We must know what capabilities must be retained in our 
present aeronautics research infrastructure and what may be better 
served by changes that would remove the competition within NASA for 
limited resources in a constrained budgetary environment. Difficult 
choices must be made, but the first step in making informed decisions 
is to have a comprehensive policy framework to guide those decisions.
  We endorse and expand, by repeated references in several portions of 
the bill, the desire to open the door for greater commercial 
participation in the exploration and utilization of space and space-
based assets, from the development of basic launch capabilities, to 
crew-capable launch vehicles, to resupply and even research management 
of the International Space Station, and missions to the Moon and Mars, 
to Earth observation and remote sensing capabilities.
  Commercial capabilities have experienced a dramatic upsurge in the 
recent past which makes this an especially important and promising 
aspect of this legislation. Just one year ago, on June 21, 2004, 
SpaceShipOne, built by the private firm of Scaled Composites, flew into 
the lower reaches of outer space, making pilot Mike Melvill the first 
civilian to fly a commercially-built spaceship out of the atmosphere 
and the first private pilot to earn astronaut wings.
  As I said earlier, we believe the provisions of this legislation will 
make it easier for NASA to pursue the vision for exploration. Let me, 
in conclusion, expand briefly on that statement by referring to two 
specific areas of interest: the development of a crew exploration 
vehicle, and the assembly and operation of the International Space 
Station.

  NASA has begun several efforts in the past decade, to develop a 
replacement vehicle for human space flight, with a view to eventually 
retiring the space shuttle. Each of them has failed, after considerable 
expense, to find the technological breakthrough that was necessary for 
their success. They were focused on new technologies, new systems that 
were largely untested, and unproven. We are now out of time, and can no 
longer afford the luxury of attempting to develop a dramatically new 
and different human space flight capability.
  This legislation directs NASA, wherever practical, to use existing 
technology and industrial capacity, derived from our 24 years of 
experience with the space shuttle, in developing alternative means for 
launching crews and cargo into space. This approach promises not only 
to result in less cost to NASA and less risk of failure in development, 
but it will enable this nation to avoid an unacceptable--and 
potentially dangerous--situation where we do not have a capability to 
launch humans in space, especially at a time when the number of nations 
who have that capability is increasing, as the entry of China into that 
long-exclusive ``club'' has demonstrated.
  NASA has said it cannot afford to continue to provide for all the 
research that has been planned for years to be accomplished aboard the 
International Space Station. It has begun the process of narrowing the 
scope of the use of the space station to those experiments that can 
contribute directly to the needs of the vision for exploration, and the 
support of human missions to the Moon, Mars, and beyond. This 
legislation states strongly that such a restriction on the range of 
research disciplines aboard the ISS is not in the best interests of the 
Nation, or of our partners.
  The bill directs NASA to retain and support those ``non-vision'' 
science disciplines, and authorizes an additional $100 million, 
initially, for NASA to do that. But more importantly, the bill 
designates the U.S. portion of the ISS as a national laboratory 
facility, and directs NASA to provide a plan, by March of next year, 
which will enable a national laboratory, within NASA, to assume 
research management responsibility for that on-orbit national 
laboratory facility.
  The potential gain for NASA is that the national laboratory will be 
empowered to bring other, non-NASA, resources to bear in operating the 
ISS, thus freeing NASA of much of that operational responsibility, 
while at the same time allowing it to support the specific research it 
needs for the vision for exploration.
  The legislation provides other authorities, as requested by the 
administration, to facilitate NASA operations and management, and 
addresses other issues, such as continued monitoring of safety-related 
issues. While it adds some reporting requirements for NASA, it also 
eliminates a number of statutory reporting requirements that are no 
longer necessary.
  This legislation to reauthorize NASA is necessary and vital to the 
future success of our Nation's effort in the exploration of space, and 
I take great satisfaction in offering it today for the Senate's 
consideration. I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1281

       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.

             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.

[[Page S6927]]

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.
       (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.

     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;
       (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, regional, and tribal agencies that use 
     government and commercial remote sensing capabilities and 
     other sources of geospatial information to address their 
     needs; and
       (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.

     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.

[[Page S6928]]

       (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.
       (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) 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--
       (1) uniqueness, mission dependency, and industry need; and
       (2) the development or initiation of a consolidated 
     national aviation research, development, and support 
     organization.
       (d) 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'';
       (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

[[Page S6929]]

     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;
       (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.

             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:
       (a) 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 180 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 needs to the maximum 
     extent possible, in accordance with Federal procurement law.

[[Page S6930]]

     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 services.
       (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

[[Page S6931]]

     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 
     1958, as amended (42 U.S.C. 2457 et seq.), 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'';
       (2) by striking ``$150,000,000'' in subsection (a) and 
     inserting ``$250,000,000'';
       (3) by striking ``Chief Financial Officer'' each place it 
     appears in subsection (a) and inserting ``Administrator'';
       (4) by inserting ``and consider'' in subsection (a) after 
     ``shall conduct''; and
       (5) by striking subsection (b) and inserting the following:
       ``(b) Implementation Defined.--In this section, the term 
     `implementation' means all activity in the life cycle of a 
     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)).

[[Page S6932]]

       ``(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).

  Mr. NELSON of Florida. Mr. President, I am pleased to join Senator 
Hutchison today in sponsoring a NASA Authorization Act that provides 
policy guidance for keeping NASA on track to achieve their objectives; 
and to ensure that there is a good balance between the different 
activities that NASA performs.
  As chair and ranking member of the Commerce Committee's Subcommittee 
on Science and Space, Senator Hutchison and I believe that through this 
bill, Congress can provide constructive support to the good work being 
done by Administrator Michael Griffin, as they begin to implement the 
President's vision and prepare NASA for the challenges of the future.
  This is a 5-year bill, authorizing NASA from 2006 through 2010. It 
authorizes NASA appropriations in excess of the President's Budget 
Request.
  For fiscal year 2006, the President requested $16.456 billion, which 
is a 2.4 percent increase over the fiscal year 2005 NASA operating 
budget. This bill authorizes $16.556 billion for fiscal year 2006, 
which is a 3.0 percent increase over the fiscal year 2005 NASA 
operating budget. This bill authorizes increases at a level of about 3 
percent each year, consistently providing more funding than the 
President's budget projection.
  Like many of our colleagues, we believe that recent NASA budget 
requests have been below the levels required for NASA to perform its 
various missions effectively. Once this bill is enacted, we intend to 
work with the Appropriations Committee to ensure that adequate funds 
are provided for NASA to succeed.
  This legislation authorizes NASA to return humans to the Moon, to 
explore it, and to maintain a human presence on the Moon. Consistent 
with the President's vision, it also requires using what we learn and 
develop on the Moon as a stepping-stone to future exploration of Mars.
  To carry out these missions, our bill requires NASA to develop an 
implementation plan for the transition from shuttle to crew exploration 
vehicle, CEV. The plan will help NASA to make a smooth transition from 
retirement of the space shuttle orbiters to the replacement spacecraft 
systems. The implementation plan will help make sure that we can keep 
the skills and the focus that are needed to assure that each space 
shuttle flight is safe through retirement of the orbiters, and to 
retain those personnel needed for the CEV and heavy lift cargo 
spacecraft.
  It is essential to our national security that we prevent any hiatus 
or gap in which the United States cannot send astronauts to space 
without relying on a foreign country. The Russians have been good 
partners in construction of the international space station, and the 
Soyuz spacecraft has been a reliable vehicle for our astronauts. But 
with all of the uncertainties in our relationship with Russia, we 
simply cannot allow ourselves the vulnerability of being totally 
dependent on the Soyuz. We need to maintain assured access to space by 
U.S. astronauts on a continuous basis. We therefore require in this 
legislation, that there not be a hiatus between the retirement of the 
space shuttle orbiters and the availability of the next generation U.S. 
human-rated spacecraft.
  We recognize that NASA has some concerns regarding our position on a 
hiatus, and we are aware of Dr. Griffin's efforts to reduce the 
potential for a gap. We will work with NASA as this legislation moves 
forward to ensure that a compromise is reached that is mutually 
satisfying. This provision does not unduly tie the Administrator's 
hands, while still guaranteeing us assured access to space.
  Our bill directs NASA to plan for and consider a Hubble servicing 
mission after the 2 space shuttle return to flight missions have been 
completed.
  Americans are inspired by the images that Hubble produces. The new 
instruments to be added during the SM-4 Hubble servicing mission will 
produce higher quality images; enable us to see further into space; and 
give scientists a better understanding of our Universe's past, and 
perhaps of our future. The replacement gyroscopes and batteries that 
are planned for the mission will extend Hubble's life by 5 or more 
years.
  This NASA authorization bill calls for utilization of the 
international space station for basic science as well as exploration 
science. It is important that we reap the benefits of our multi-billion 
dollar investment in the space station. The promise of some basic 
science research requires a microgravity or a space environment for us 
to better understand the problem that we are trying to solve. This bill 
ensures that NASA will maintain a focus on the importance of basic 
science.
  This bill directs NASA to improve its safety culture. According to 
the Columbia Accident Investigation Board, CAIB, report, the safety 
culture at NASA was as much a cause of the Columbia tragedy as the 
physical cause. Low and mid-level personnel felt that you could not 
elevate safety concerns without reprisals, or being ignored. NASA has 
already taken significant steps to address these problems, but we need 
to assure that the safety culture improves as quickly as possible and 
that it continues to improve.
  This legislation proposes that the Aerospace Safety Advisory Panel 
monitor and measure NASA's improvements to their safety culture, 
including employees' fear of reprisals for voicing concerns about 
safety.
  It also contains policy regarding NASA's need to consider and 
implement lessons learned, in order to avoid another preventable 
tragedy like the Challenger and Columbia disasters.
  This authorization bill addresses NASA aeronautics and America's pre-
eminence in aviation. The Europeans have stated their intent to 
dominate the airplane market by 2020. This bill

[[Page S6933]]

directs the President, through the Director of the Office of Science 
and Technology Policy, OSTP, to work with NASA and other Federal 
agencies to develop a national policy for aeronautics. It also directs 
NASA to evaluate its core aeronautics research.
  Many people do not realize that NASA does research for improving 
airplanes. NASA conducts research that makes airplanes safer, quieter, 
more fuel efficient, and less polluting. This important function of 
NASA needs to be continued and further developed.
  Senator Hutchison and I expect to mark this bill up in the Commerce 
Committee later this week, and hope to have time to consider it on the 
floor before the August recess. I will urge all of my colleagues to 
support this important legislation. NASA has a new direction, and they 
have outstanding new leadership in Dr. Griffin.
  We have an opportunity to authorize NASA for: implementing the Vision 
for Space Exploration; renewing our commitment to U.S. aviation and 
NASA aeronautics research; retaining or resurrecting very important 
science activities at NASA; and assuring that America has continuous 
human access to space.
  By doing so, we will continue to advance our national security, 
strengthen our economy, inspire the next generation of explorers, and 
fulfill our destiny as explorers.
                                 ______