Congressional Record, Volume 151 Issue 154 (Friday, November 18, 2005)

[Congressional Record Volume 151, Number 154 (Friday, November 18, 2005)]
[House]
[Pages H10971-H10991]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION AUTHORIZATION ACT OF 2005

Mr. BOEHLERT. Mr. Speaker, I ask unanimous consent to take from the
Speaker's table the Senate bill (S. 1281) 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, and ask for its immediate consideration in the House.
The Clerk read the title of the Senate bill.
The SPEAKER pro tempore (Mr. Simpson). Is there objection to the
request of the gentleman from New York?
There was no objection.
The Clerk read the Senate bill, 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. Lessons learned and best practices.
Sec. 138. Safety management.
Sec. 139. Creation of a budget structure that aids effective oversight
and management.
Sec. 140. Earth observing system.
Sec. 141. NASA healthcare program.
Sec. 142. Assessment of extension of data collection from Ulysses and
Voyager spacecraft.
Sec. 143. Program to expand distance learning in rural underserved
areas.
Sec. 144. Institutions in NASA'S minority institutions program.
Sec. 145. Aviation safety program.
Sec. 146. Atmospheric, geophysical, and rocket research authorization.
Sec. 147. Orbital debris.
Sec. 148. Continuation of certain educational programs.
Sec. 149. Establishment of the Charles ``Pete'' Conrad Astronomy Awards
Program.
Sec. 150. GAO assessment of feasibility of Moon and Mars exploration
missions.
Sec. 151. Workforce.
Sec. 152. Major research equipment and facilities.
Sec. 153. Data on specific fields of study.

Subtitle C--Limitations and Special Authority

Sec. 161. Official representational fund.
Sec. 162. Facilities management.

TITLE II--INTERNATIONAL SPACE STATION

Sec. 201. International Space Station completion.
Sec. 202. Research and support capabilities on international Space
Station.
Sec. 203. National laboratory status for International Space Station.
Sec. 204. Commercial support of International Space Station operations
and utilization.
Sec. 205. Use of the International Space Station and annual report.

TITLE III--NATIONAL SPACE TRANSPORTATION POLICY

Sec. 301. United States human-rated launch capacity assessment.
Sec. 302. Space Shuttle transition.
Sec. 303. Commercial launch vehicles.
Sec. 304. Secondary payload capability.
Sec. 305. Power and propulsion reporting.
Sec. 306. Utilization of NASA field centers and workforce.

TITLE IV--ENABLING COMMERCIAL ACTIVITY

Sec. 401. Commercialization plan.
Sec. 402. Commercial technology transfer program.
Sec. 403. Authority for competitive prize program to encourage
development of advanced space and aeronautical
technologies.
Sec. 404. Commercial goods and services.

TITLE V--AERONAUTICS RESEARCH AND DEVELOPMENT

Sec. 501. Governmental interest in aeronautics.
Sec. 502. National policy for aeronautics research and development.
Sec. 503. High priority aeronautics research and development programs.

[[Page H10972]]

Sec. 504. Test facilities.
Sec. 505. Miscellaneous provisions.

TITLE VI--MISCELLANEOUS ADMINISTRATIVE IMPROVEMENTS.

Sec. 601. Extension of indemnification authority.
Sec. 602. Intellectual property provisions.
Sec. 603. Retrocession of jurisdiction.
Sec. 604. Recovery and disposition authority.
Sec. 605. Requirement for independent cost analysis.
Sec. 606. Electronic access to business opportunities.
Sec. 607. Reports elimination.
Sec. 608. Small business contracting.
Sec. 609. Government accountability office review and report.

SEC. 2. FINDINGS.

The Congress finds the following:
(1) It is the policy of the United States to advance United
States scientific, security, and economic interests through a
healthy and active space exploration program.
(2) Basic and applied research in space science, Earth
science, and aeronautics remain a significant part of the
Nation's goals for the use and development of space. Basic
research and development is an important component of NASA's
program of exploration and discovery.
(3) Maintaining the capability to safely send humans into
space is essential to United States national and economic
security, United States preeminence in space, and inspiring
the next generation of explorers. Thus, a gap in United
States human space flight capability is harmful to the
national interest.
(4) The exploration, development, and permanent habitation
of the Moon will inspire the Nation, spur commerce,
imagination, and excitement around the world, and open the
possibility of further exploration of Mars. NASA should
return to the Moon within the next decade.
(5) The establishment of the capability for consistent
access to and stewardship of the region between the Moon and
Earth is in the national security and commercial interests of
the United States.
(6) Commercial development of space, including exploration
and other lawful uses, is in the interest of the United
States and the international community at large.
(7) Research and access to capabilities to support a
national laboratory facility within the United States segment
of the ISS in low-Earth orbit are in the national policy
interests of the United States, including maintenance and
development of an active and healthy stream of research from
ground to space in areas that can uniquely benefit from
access to this facility.
(8) NASA should develop vehicles to replace the Shuttle
orbiter's capabilities for transporting crew and heavy cargo
while utilizing the current program's resources, including
human capital, capabilities, and infrastructure. Using these
resources can ease the transition to a new space
transportation system, maintain an essential industrial base,
and minimize technology and safety risks.
(9) The United States must remain the leader in aeronautics
and aviation. Any erosion of this preeminence is not in the
Nation's economic or security interest. NASA should align its
aerospace leadership to ensure United States leadership. A
national effort is needed to ensure that NASA's aeronautics
programs are leading contributors to the Nation's civil and
military aviation needs, as well as to its exploration
capabilities.

SEC. 3. DEFINITIONS.

In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the National Aeronautics and Space
Administration.
(2) ISS.--The term ``ISS'' means the International Space
Station.
(3) NASA.--The term ``NASA'' means the National Aeronautics
and Space Administration.
(4) Shuttle-derived vehicle.--The term ``shuttle-derived
vehicle'' means any new space transportation vehicle, piloted
or unpiloted, that--
(A) is capable of supporting crew or cargo missions; and
(B) uses a major component of NASA's Space Transportation
System, such as the solid rocket booster, external tank,
engine, and orbiter.
(5) In-situ resource utilization.--The term ``in-situ
resource utilization'' means the technology or systems that
can convert indigenous or locally-situated substances into
useful materials and products.

TITLE I--AUTHORIZATION OF APPROPRIATIONS

Subtitle A--Authorizations

SEC. 101. FISCAL YEAR 2006.

There are authorized to be appropriated to the National
Aeronautics and Space Administration, for fiscal year 2006,
$16,556,400,000, as follows:
(1) For science, aeronautics and exploration,
$9,661,000,000 for the following programs (including amounts
for construction of facilities).
(2) For exploration capabilities, $6,863,000,000,
(including amounts for construction of facilities), which
shall be used for space operations, and out of which
$100,000,000 shall be used for the purposes of section 202 of
this Act.
(3) For the Office of Inspector General, $32,400,000.

SEC. 102. FISCAL YEAR 2007.

There are authorized to be appropriated to the National
Aeronautics and Space Administration, for fiscal year 2007,
$17,052,900,000, as follows:
(1) $10,549,800,000 for science, aeronautics and
exploration (including amounts for construction of
facilities).
(2) For exploration capabilities, $6,469,600,000, for the
following programs (including amounts for construction of
facilities), of which $6,469,600,000 shall be for space
operations.
(3) For the Office of Inspector General, $33,500,000.

SEC. 103. FISCAL YEAR 2008.

There are authorized to be appropriated to the National
Aeronautics and Space Administration, for fiscal year 2008,
$17,470,900,000.

SEC. 104. FISCAL YEAR 2009.

There are authorized to be appropriated to the National
Aeronautics and Space Administration, for fiscal year 2009,
$17,995,000,000.

SEC. 105. FISCAL YEAR 2010.

There are authorized to be appropriated to the National
Aeronautics and Space Administration, for fiscal year 2010,
$18,534,900,000.

SEC. 106. EVALUATION CRITERIA FOR BUDGET REQUEST.

It is the sense of the Congress that each budget of the
United States submitted to the Congress after the date of
enactment of this Act should be evaluated for compliance with
the findings and priorities established by this Act and the
amendments made by this Act.

Subtitle B--General Provisions

SEC. 131. IMPLEMENTATION OF A SCIENCE PROGRAM THAT EXTENDS
HUMAN KNOWLEDGE AND UNDERSTANDING OF THE EARTH,
SUN, SOLAR SYSTEM, AND THE UNIVERSE.

The Administrator shall--
(1) conduct a rich and vigorous set of science activities
aimed at better comprehension of the universe, solar system,
and Earth, and ensure that the various areas within NASA's
science portfolio are developed and maintained in a balanced
and healthy manner, and, as part of this balanced science
research program, provide, to the maximum extent feasible,
continued support and funding for the Magnetospheric
Multiscale Mission, SIM-Planet Quest, and Future Explorers
programs, including determining whether these delayed
missions and planned missions can be expedited to meet
previous schedules, and may place a greater emphasis on
science, including the programs described in this paragraph,
throughout the fiscal years for which funds are authorized by
this Act (and for this purpose, of the funds authorized by
section 101(1) of this Act, no less than $5,341,200,000 shall
be for science, and of the funds authorized by section 102(1)
of this Act, no less than $5,960,300,000 shall be for
science);
(2) plan projected Mars exploration activities in the
context of planned lunar robotic precursor missions, ensuring
the ability to conduct a broad set of scientific
investigations and research around and on the Moon's surface;
(3) upon successful completion of the planned return-to-
flight schedule of the Space Shuttle, determine the schedule
for a Shuttle servicing mission to the Hubble Space
Telescope, unless such a mission would compromise astronaut
or safety or the integrity of NASA's other missions;
(4) ensure that, in implementing the provisions of this
section, appropriate inter-agency and commercial
collaboration opportunities are sought and utilized to the
maximum feasible extent;
(5) seek opportunities to diversify the flight
opportunities for scientific Earth science instruments and
seek innovation in the development of instruments that would
enable greater flight opportunities;
(6) develop a long term sustainable relationship with the
United States commercial remote sensing industry, and,
consistent with applicable policies and law, to the maximum
practical extent, rely on their services;
(7) in conjunction with United States industry and
universities, develop Earth science applications to enhance
Federal, State, local, and tribal governments that use
government and commercial remote sensing capabilities and
other sources of geospatial information to address their
needs;
(8) plan, develop, and implement a near-Earth object survey
program to detect, track, catalogue, and characterize the
physical characteristics of near-Earth asteroids and comets
in order to assess the threat of such near-Earth objects in
impacting the Earth; and
(9) ensure that, of the amount expended for aeronautics, a
significant portion is directed toward the Vehicle System
Program, as much of the basic, long-term, high-risk, and
innovative research in aeronautical disciplines is performed
within that program.

SEC. 132. BIENNIAL REPORTS TO CONGRESS ON SCIENCE PROGRAMS.

(a) In General.--Within 180 days after the date of
enactment of this Act and every 2 years thereafter, the
Administrator shall transmit a report to the Senate Committee
on Commerce, Science, and Transportation and the House of
Representatives Committee on Science setting forth in
detail--
(1) the findings and actions taken on NASA's assessment of
the balance within its science portfolio and any efforts to
adjust that balance among the major program areas, including
the areas referred to in section 131;

[[Page H10973]]

(2) any activities undertaken by the Administration to
conform with the Sun-Earth science and applications direction
provided in section 131; and
(3) efforts to enhance near-Earth object detection and
observation.
(b) External Review Findings.--The Administrator shall
include in each report submitted under this section a summary
of findings and recommendations from any external reviews of
the Administration's science mission priorities and programs.

SEC. 133. STATUS REPORT ON HUBBLE SPACE TELESCOPE SERVICING
MISSION.

Within 60 days after the landing of the second Space
Shuttle mission for return-to-flight certification, the
Administrator shall transmit to the Senate Committee on
Commerce, Science, and Transportation and the House of
Representatives Committee on Science a one-time status report
on a Hubble Space Telescope servicing mission.

SEC. 134. DEVELOP EXPANDED PERMANENT HUMAN PRESENCE BEYOND
LOW-EARTH ORBIT.

(a) In General.--As part of the programs authorized under
the National Aeronautics and Space Act of 1958 (42 U.S.C.
2451 et seq.), the Administrator shall establish a program to
develop a permanently sustained human presence on the Moon,
in tandem with an extensive precursor program, to support
security, commerce, and scientific pursuits, and as a
stepping-stone to future exploration of Mars. The
Administrator is further authorized to develop and conduct
international collaborations in pursuit of these goals, as
appropriate.
(b) Requirements.--In carrying out this section, the
Administrator shall--
(1) implement an effective exploration technology program
that is focused around the key needs to support lunar human
and robotic operations;
(2) as part of NASA's annual budget submission, submit to
the Congress the detailed mission, schedule, and budget for
key lunar mission-enabling technology areas, including areas
for possible innovative governmental and commercial
activities and partnerships;
(3) as part of NASA's annual budget submission, submit to
the Congress a plan for NASA's lunar robotic precursor and
technology programs, including current and planned technology
investments and scientific research that support the lunar
program;
(4) conduct an intensive in-situ resource utilization
technology program in order to develop the capability to use
space resources to increase independence from Earth, and
sustain exploration beyond low-Earth orbit;
(5) conduct a program to assure the health and safety of
astronauts during extended space exploration missions which
include more effective countermeasures to mitigate
deleterious effects of such missions, and the means to
provide in-space exploration medical care delivery to crews
with little or no real-time support from Earth, relevant
issues such as radiation exposure, exercise countermeasures,
cardiac health, diagnostic and monitoring devices, and
medical imaging;
(6) utilize advanced power and propulsion technologies,
including nuclear and electric technologies, to enable or
enhance robotic and human exploration missions when feasible;
and
(7) develop a robust technology development program to
provide surface power for use on the Moon and other locations
relevant to NASA space exploration goals which, to the extent
feasible, address needs for modular, scalable power sources
for a range of applications on the Moon including human and
vehicular uses.

SEC. 135. GROUND-BASED ANALOG CAPABILITIES.

(a) In General.--The Administrator shall establish a
ground-based analog capability in remote United States
locations in order to assist in the development of lunar
operations, life support, and in-situ resource utilization
experience and capabilities.
(b) Locations.--The Administrator shall select locations
for subsection (a) in places that--
(1) are regularly accessible;
(2) have significant temperature extremes and range; and
(3) have access to energy and natural resources (including
geothermal, permafrost, volcanic, and other potential
resources).
(c) Involvement of Local Populations; Private Sector
Partners.--In carrying out this section, the Administrator
shall involve local populations, academia, and industrial
partners as much as possible to ensure that ground-based
benefits and applications are encouraged and developed.

SEC. 136. SPACE LAUNCH AND TRANSPORTATION TRANSITION,
CAPABILITIES, AND DEVELOPMENT.

(a) Post-Orbiter Transition.--The Administrator shall
develop an implementation plan for the transition to a new
crew exploration vehicle and heavy-lift launch vehicle that
uses the personnel, capabilities, assets, and infrastructure
of the Space Shuttle to the fullest extent possible and
addresses how NASA will accommodate the docking of the crew
exploration vehicle to the ISS.
(b) Automated Rendezvous and Docking.--The Administrator is
directed to pursue aggressively automated rendezvous and
docking capabilities that can support ISS and other mission
requirements and include these activities, progress reports,
and plans in the implementation plan.
(c) Congressional Submission.--Within 120 days after the
date of enactment of this Act the Administrator shall submit
a copy of the implementation plan to the Senate Committee on
Commerce, Science, and Transportation and the House of
Representatives Committee on Science.

SEC 137. LESSONS LEARNED AND BEST PRACTICES.

(a) In General.--The Administrator shall provide an
implementation plan describing NASA's approach for obtaining,
implementing, and sharing lessons learned and best practices
for its major programs and projects within 180 days after the
date of enactment of this Act. The implementation plan shall
be updated and maintained to assure that it is current and
consistent with the burgeoning culture of learning and safety
that is emerging at NASA.
(b) Required Content.--The implementation plan shall
contain as a minimum the lessons learned and best practices
requirements for NASA, the organizations or positions
responsible for enforcement of the requirements, the
reporting structure, and the objective performance measures
indicating the effectiveness of the activity.
(c) Incentives.--The Administrator shall provide incentives
to encourage sharing and implementation of lessons learned
and best practices by employees, projects, and programs; as
well as penalties for programs and projects that are
determined not to have demonstrated use of those resources.

SEC. 138. SAFETY MANAGEMENT.

Section 6 of the National Aeronautics and Space
Administration Authorization Act, 1968 (42 U.S.C. 2477) is
amended--
(1) by inserting ``(a) In General.--'' before ``There'';
(2) by striking ``to it'' and inserting ``to it, including
evaluating NASA's compliance with the return-to-flight and
continue-to-fly recommendations of the Columbia Accident
Investigation Board,'';
(3) by inserting ``and the Congress'' after ``advise the
Administrator'';
(4) by striking ``and with respect to the adequacy of
proposed or existing safety standards and shall'' and
inserting ``with respect to the adequacy of proposed or
existing safety standards, and with respect to management and
culture. The Panel shall also''; and
(5) by adding at the end the following:
``(b) Annual Report.--The Panel shall submit an annual
report to the Administrator and to the Congress. In the first
annual report submitted after the date of enactment of the
National Aeronautics and Space Administration Authorization
Act of 2005, the Panel shall include an evaluation of NASA's
safety management culture.
``(c) Sense of the Congress.--It is the sense of the
Congress that the Administrator should--
``(1) ensure that NASA employees can raise safety concerns
without fear of reprisal;
``(2) continue to follow the recommendations of the
Columbia Accident Investigation Board for safely returning
and continuing to fly; and
``(3) continue to inform the Congress from time to time of
NASA's progress in meeting those recommendations.''.

SEC. 139. CREATION OF A BUDGET STRUCTURE THAT AIDS EFFECTIVE
OVERSIGHT AND MANAGEMENT.

In developing NASA's budget request for inclusion in the
Budget of the United States for fiscal year 2007 and
thereafter, the Administrator shall--
(1) include line items for--
(A) science, aeronautics, and exploration;
(B) exploration capabilities; and
(C) the Office of the Inspector General;
(2) enumerate separately, within the science, aeronautics,
and exploration account, the requests for--
(A) space science;
(B) Earth science; and
(C) aeronautics;
(3) include, within the exploration capabilities account,
the requests for--
(A) the Space Shuttle; and
(B) the ISS; and
(4) enumerate separately the specific request for the
independent technical authority within the appropriate
account.

SEC. 140. EARTH OBSERVING SYSTEM.

(a) In General.--Within 6 months after the date of
enactment of this Act, the Administrator, in consultation
with the Administrator of the National Oceanic and
Atmospheric Administration and the Director of the United
States Geological Survey, shall submit a plan to the Senate
Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Science to ensure the
long-term vitality of the earth observing system at NASA.
(b) Plan Requirements.--The plan shall--
(1) address such issues as--
(A) out-year budgetary projections;
(B) technical requirements for the system; and
(C) integration into the Global Earth Observing System of
Systems; and
(2) evaluate--
(A) the need to proceed with any NASA missions that have
been delayed or canceled;
(B) plans for transferring needed capabilities from some
canceled or de-scoped missions to the National Polar-orbiting
Environmental Satellite System;
(C) the technical base for exploratory earth observing
systems, including new satellite architectures and
instruments that enable global coverage, all-weather, day and
night imaging of the Earth's surface features;
(D) the need to strengthen research and analysis programs;
and

[[Page H10974]]

(E) the need to strengthen the approach to obtaining
important climate observations and data records.
(c) Earth Observing System Defined.--In this section, the
term ``earth observing system'' means the series of
satellites, a science component, and a data system for long-
term global observations of the land surface, biosphere,
solid Earth, atmosphere, and oceans.

SEC. 141. NASA HEALTHCARE PROGRAM.

The Administrator shall develop policies, procedures, and
plans necessary for--
(1) the establishment of a lifetime healthcare program for
NASA astronauts and their families; and
(2) the study and analysis of the healthcare data obtained
in order to understand the longitudinal health effects of
space flight on humans better.

SEC. 142. ASSESSMENT OF EXTENSION OF DATA COLLECTION FROM
ULYSSES AND VOYAGER SPACECRAFT.

(a) Assessment.--Not later than 60 days after the date of
the enactment of this Act, the Administrator shall carry out
an assessment of the costs and benefits of extending, to such
date as the Administrator considers appropriate for purposes
of the assessment, the date of the termination of data
collection from the Ulysses spacecraft and the Voyager
spacecraft.
(b) Report.--Not later than 30 days after completing the
assessment required by subsection (a), the Administrator
shall submit a report on the assessment to the Senate
Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Science.

SEC. 143. PROGRAM TO EXPAND DISTANCE LEARNING IN RURAL
UNDERSERVED AREAS.

(a) In General.--The Administrator shall develop or expand
programs to extend science and space educational outreach to
rural communities and schools through video conferencing,
interpretive exhibits, teacher education, classroom
presentations, and student field trips.
(b) Priorities.--In carrying out subsection (a), the
Administrator shall give priority to existing programs,
including Challenger Learning Centers--
(1) that utilize community-based partnerships in the field;
(2) that build and maintain video conference and exhibit
capacity;
(3) that travel directly to rural communities and serve
low-income populations; and
(4) with a special emphasis on increasing the number of
women and minorities in the science and engineering
professions.

SEC. 144. INSTITUTIONS IN NASA'S MINORITY INSTITUTIONS
PROGRAM.

The matter appearing under the heading ``small and
disadvantaged business'' in title III of the Departments of
Veterans Affairs and House and Urban Development, and
Independent Agencies Appropriations Act, 1990 (42 U.S.C.
2473b; 103 Stat. 863) is amended by striking ``Historically
Black Colleges and Universities and'' and inserting
``Historically Black Colleges and Universities that are part
B institutions (as defined in section 322(2) of the Higher
Education Act of 1965 (20 U.S.C. 1061(2))), Hispanic-serving
institutions (as defined in section 502(a)(5) of that Act (20
U.S.C. 1101a(a)(5)), Tribal Colleges or Universities (as
defined in section 316(b)(3) of that Act (20 U.S.C.
1059c(b)(3)), Alaskan Native-serving institutions (as defined
in section 317(b)(2) of that Act (20 U.S.C. 1059d)(b)(2)),
Native Hawaiian-serving institutions (as defined in section
317(b)(4) of that Act (20 U.S.C. 1059d(b)(4)), and''.

SEC. 145. AVIATION SAFETY PROGRAM.

The Administrator shall make available upon request
satellite imagery of remote terrain to the Administrator of
the Federal Aviation Administration, or the Director of the
Five Star Medallion Program, for aviation safety and aerial
photography programs to assist and train pilots in navigating
challenging topographical features of such terrain.

SEC. 146. ATMOSPHERIC, GEOPHYSICAL, AND ROCKET RESEARCH
AUTHORIZATION.

There are authorized to be appropriated to the
Administrator for atmospheric, geophysical, or rocket
research at the Poker Flat Research Range and the Kodiak
Launch Complex, not more than $1,000,000 for each of fiscal
years 2006 through 2010.

SEC. 147. ORBITAL DEBRIS.

The Administrator, in conjunction with the heads of other
Federal agencies, shall take steps to develop or acquire
technologies that will enable NASA to decrease the risks
associated with orbital debris.

SEC. 148. CONTINUATION OF CERTAIN EDUCATIONAL PROGRAMS.

From amounts appropriated to NASA for educational programs,
the Administrator shall ensure continuation of the Space
Grant Program, the Experimental Program to Stimulate
Competitive Research, and the NASA Explorer School to
motivate and develop the next generation of explorers.

SEC. 149. ESTABLISHMENT OF THE CHARLES ``PETE'' CONRAD
ASTRONOMY AWARDS PROGRAM.

(a) In General.--The Administrator shall establish a
program to be known as the Charles ``Pete'' Conrad Astronomy
Awards Program.
(b) Awards.--The Administrator shall make an annual award
under the program of--
(1) $3,000 to the amateur astronomer or group of amateur
astronomers who in the preceding calendar year discovered the
intrinsically brightest near-Earth asteroid among the near-
Earth asteroids that were discovered during that year by
amateur astronomers or groups of amateur astronomers; and
(2) $3,000 to the amateur astronomer or group of amateur
astronomers who made the greatest contribution to the Minor
Planet Center's mission of cataloging near-Earth asteroids
during the preceding year.
(c) Qualification for Award.--
(1) Recommendation.--These awards shall be made based on
the recommendation of the Minor Planet Center of the
Smithsonian Astrophysical Observatory.
(2) Limitation.--No individual who is not a citizen or
permanent resident of the United States at the time of that
individual's discovery or contribution may receive an award
under this program.

SEC. 150. GAO ASSESSMENT OF FEASIBILITY OF MOON AND MARS
EXPLORATION MISSIONS.

Within 9 months after the date of enactment of this Act,
the Comptroller General shall transmit to the Senate
Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Science an assessment
of the feasibility of NASA's planning for exploration of the
Moon and Mars, giving special consideration to the long-term
cost implications of program architecture and schedules. The
Comptroller General shall include in this assessment the
short- and long-term impact of the exploration program on
other NASA program areas, including aeronautics, space
science, earth science and NASA's overall research and
technology development budget.

SEC. 151. WORKFORCE.

(a) In General.--The Administrator shall develop a human
capital strategy to ensure that NASA has a workforce of the
appropriate size and with the appropriate skills to carry out
the programs of NASA, consistent with the policies and plans
developed pursuant to this section. The strategy shall ensure
that current personnel are utilized, to the maximum extent
feasible, in implementing the vision for space exploration
and NASA's other programs. The strategy shall cover the
period through fiscal year 2011.
(b) Content.--The strategy shall describe, at a minimum--
(1) any categories of employees NASA intends to reduce, the
expected size and timing of those reductions, the methods
NASA intends to use to make the reductions, and the reasons
NASA no longer needs those employees;
(2) any categories of employees NASA intends to increase,
the expected size and timing of those increases, the methods
NASA intends to use to recruit the additional employees, and
the reasons NASA needs those employees;
(3) the steps NASA will use to retain needed employees; and
(4) the budget assumptions of the strategy, which for
fiscal years 2006 and 2007 shall be consistent with the
authorizations provided in subtitle A, and any expected
additional costs or savings from the strategy by fiscal year.
(c) Schedule.--The Administrator shall transmit the
strategy developed under this section to the Senate Committee
on Commerce, Science, and Transportation and House of
Representatives Committee on Science not later than the date
on which the President submits the proposed budget for the
Federal Government for fiscal year 2007 to the Congress. At
least 60 days before transmitting the strategy, NASA shall
provide a draft of the strategy to its Federal Employee
Unions for a 30-day consultation period after which NASA
shall respond in writing to any written concerns provided by
the Unions.
(d) Limitation.--
(1) In general.--NASA may not initiate any buyout offer
after the date of enactment of this Act until 60 days after
the strategy required by this subsection has been transmitted
to the Senate Committee on Commerce, Science, and
Transportation and House of Representatives Committee on
Science in accordance with subsection (c). NASA may not
implement any reduction-in-force or other involuntary
separations (except for cause) prior to June 1, 2007, except
as provided in paragraph (2).
(2) Exceptions.--
(A) Specific buy-outs.--Notwithstanding paragraph (1), NASA
may make exceptions can be made for specific buy-outs on a
case-by-case basis, if NASA provides information to the
Committees that justifies those specific buy-outs, including
why the relevant employees could not be utilized to fulfill
other NASA missions.
(B) Emergency reductions-in-force.--NASA may also request
an exception for an emergency reduction-in-force of
management personnel by transmitting to the Committees--
(i) a detailed rationale for the proposed reduction-in-
force;
(ii) an explanation of why the proposed reduction-in-force
cannot wait until after the workforce strategy has been
transmitted to the Committees in accordance with the
requirements of this section; and
(iii) an explanation of why the relevant employees could
not be utilized to fulfill other NASA missions.

SEC. 152. MAJOR RESEARCH EQUIPMENT AND FACILITIES.

(a) In General.--Notwithstanding any other provision of
law, the National Science

[[Page H10975]]

Foundation may use funds in the major research equipment and
facilities construction account for the design and
development of projects that--
(1) have been given a very high rating by relevant
scientific peer review panels in the relevant discipline;
(2) have substantial cost-sharing with non-Foundation
entities; and
(3) have passed a critical design review.
(b) National Science Board Approval.--Nothing in subsection
(a) shall be construed to eliminate the need for approval by
the National Science Board before such equipment and
facilities are eligible for acquisition, construction,
commissioning, or upgrading.

SEC. 153. DATA ON SPECIFIC FIELDS OF STUDY.

(a) In General.--The National Science Foundation shall
collect statistically reliable data through the American
Community Survey on the field of degree of college-educated
individuals.
(b) Additional Census Question.--In order to facilitate the
implementation of subsection (a), the Secretary of Commerce
shall expand the American Community Survey to include a
question to elicit information concerning the field of study
in which college-educated individuals received their degrees.
The Director of the Bureau of the Census shall consult with
the Director of the National Science Foundation concerning
the wording of the question or questions to be added to the
Survey.

Subtitle C--Limitations and Special Authority

SEC. 161. OFFICIAL REPRESENTATIONAL FUND.

Amounts appropriated pursuant to paragraphs (1) and (2) of
section 101 may be used, but not to exceed $70,000, for
official reception and representation expenses.

SEC. 162. FACILITIES MANAGEMENT.

NASA shall develop a facilities investment plan through
fiscal year 2015 that takes into account uniqueness, mission
dependency, and other studies required by this Act.

TITLE II--INTERNATIONAL SPACE STATION

SEC. 201. INTERNATIONAL SPACE STATION COMPLETION.

(a) Elements, Capabilities, and Configuration Criteria.--
The Administrator shall ensure that the ISS will be able to--
(1) fulfill international partner agreements and provide a
diverse range of research capacity, including a high rate of
human biomedical research protocols, countermeasures, applied
bio-technologies, technology and exploration research, and
other priority areas;
(2) have an ability to support crew size of at least 6
persons;
(3) support crew exploration vehicle docking and automated
docking of cargo vehicles or modules launched by either
heavy-lift or commercially-developed launch vehicles; and
(4) be operated at an appropriate risk level.
(b) Contingency Plan.--The transportation plan to support
ISS shall include contingency options to ensure sufficient
logistics and on-orbit capabilities to support any potential
hiatus between Space Shuttle availability and follow-on crew
and cargo systems, and provide sufficient pre-positioning of
spares and other supplies needed to accommodate any such
hiatus.
(c) Certification.--Within 60 days after the date of
enactment of this Act, and before making any change in the
ISS assembly sequence in effect on the date of enactment of
this Act, the Administrator shall certify in writing to the
Senate Committee on Commerce, Science, and Transportation and
the House of Representatives Committee on Science NASA's plan
to meet the requirements of subsections (a) and (b).
(d) Cost Limitation for the ISS.--Within 6 months after the
date of enactment of this Act, the Administrator shall submit
to the Congress information pertaining to the impact of the
Columbia accident and the implementation of full cost
accounting on the development costs of the International
Space Station. The Administrator shall also identify any
statutory changes needed to section 202 of the NASA
Authorization Act of 2000 to address those impacts.

SEC. 202. RESEARCH AND SUPPORT CAPABILITIES ON INTERNATIONAL
SPACE STATION.

(a) In General.--The Administrator shall--
(1) within 60 days after the date of enactment of this Act,
provide an assessment of biomedical and life science research
planned for implementation aboard the ISS that includes the
identification of research which can be performed in ground-
based facilities and then, if appropriate, validated in space
to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Science;
(2) ensure the capacity to support ground-based research
leading to spaceflight of scientific research in a variety of
disciplines with potential direct national benefits and
applications that can advance significantly from the
uniqueness of micro-gravity;
(3) restore and protect such potential ISS research
activities as molecular crystal growth, animal research,
basic fluid physics, combustion research, cellular
biotechnology, low temperature physics, and cellular research
at a level which will sustain the existing scientific
expertise and research capabilities until such time as
additional funding or resources from sources other than NASA
can be identified to support these activities within the
framework of the National Laboratory provided for in section
203 of this Act;
(4) consider the need for a life sciences centrifuge and
any associated holding facilities; and
(5) within 1 year after the date of enactment of this Act,
develop a research plan that will demonstrate the process by
which NASA will evolve the ISS research portfolio in a manner
consistent with the planned growth and evolution of ISS on-
orbit and transportation capabilities.
(b) Maintenance of On-Orbit Analytical Capabilities.--The
Administrator shall ensure that on-orbit analytical
capabilities to support diagnostic human research, as well as
on-orbit characterization of molecular crystal growth,
cellular research, and other research products and results
are developed and maintained, as an alternative to Earth-
based analysis requiring the capability of returning research
products to Earth.
(c) Assessment of Potential Scientific Uses.--The
Administrator shall assess further potential possible
scientific uses of the ISS for other applications, such as
technology development, development of manufacturing
processes, Earth observation and characterization, and
astronomical observations.
(d) Transition to Public-Private Research Operations.--By
no later than the date on which the assembly of the ISS is
complete (as determined by the Administrator), the
Administrator shall initiate steps to transition research
operations on the ISS to a greater private-public operating
relationship pursuant to section 203 of this Act.

SEC. 203. NATIONAL LABORATORY STATUS FOR INTERNATIONAL SPACE
STATION.

(a) In General.--In order to accomplish the objectives
listed in section 202, the United States segment of the ISS
is hereby designated a national laboratory facility. The
Administrator, after consultation with the Director of the
Office of Science and Technology Policy, shall develop the
national laboratory facility to oversee scientific
utilization of an ISS national laboratory within the
organizational structure of NASA.
(b) National Laboratory Functions.--The Administrator shall
seek to use the national laboratory to increase the
utilization of the ISS by other national and commercial users
and to maximize available NASA funding for research through
partnerships, cost-sharing agreements, and arrangements with
non-NASA entities.
(c) Implementation Plan.--Within 1 year after the date of
enactment of this Act, the Administrator shall provide an
implementation plan to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives
Committee on Science for establishment of the ISS national
laboratory facility which, at a minimum, shall include--
(1) proposed on-orbit laboratory functions;
(2) proposed ground-based laboratory facilities;
(3) detailed laboratory management structure, concept of
operations, and operational feasibility;
(4) detailed plans for integration and conduct of ground
and space-based research operations;
(5) description of funding and workforce resource
requirements necessary to establish and operate the
laboratory;
(6) plans for accommodation of existing international
partner research obligations and commitments; and
(7) detailed outline of actions and timeline necessary to
implement and initiate operations of the laboratory.
(d) U.S. Segment Defined.--In this section the term
``United States Segment of the ISS'' means those elements of
the ISS manufactured--
(1) by the United States; or
(2) for the United States by other nations in exchange for
funds or launch services.

SEC. 204. COMMERCIAL SUPPORT OF INTERNATIONAL SPACE STATION
OPERATIONS AND UTILIZATION.

The Administrator shall purchase commercial services for
support of the ISS for cargo and other needs, and for
enhancement of the capabilities of the ISS, to the maximum
extent possible, in accordance with Federal procurement law.

SEC. 205. USE OF THE INTERNATIONAL SPACE STATION AND ANNUAL
REPORT.

(a) Policy.--It is the policy of the United States--
(1) to ensure diverse and growing utilization of benefits
from the ISS; and
(2) to increase commercial operations in low-Earth orbit
and beyond that are supported by national and commercial
space transportation capabilities.
(b) Use of International Space Station.--The Administrator
shall conduct broadly focused scientific and exploration
research and development activities using the ISS in a manner
consistent with the provisions of this title, and advance the
Nation's exploration of the Moon and beyond, using the ISS as
a test-bed and outpost for operations, engineering, and
scientific research.
(c) Reports.--No later than March 31 of each year the
Administrator shall submit a report to the Senate Committee
on Commerce, Science, and Transportation and the House of
Representatives Committee on Science on the use of the ISS
for these purposes, with implementation milestones and
associated results.

[[Page H10976]]

TITLE III--NATIONAL SPACE TRANSPORTATION POLICY

SEC. 301. UNITED STATES HUMAN-RATED LAUNCH CAPACITY
ASSESSMENT.

Notwithstanding any other provision of law, the
Administrator shall, within 60 days after the date of
enactment of this Act, provide to the Senate Committee on
Commerce, Science, and Transportation and the House of
Representatives Committee on Science, a full description of
the transportation requirements needed to support the space
launch and transportation transition implementation plan
required by section 136 of this Act, as well as for the ISS,
including--
(1) the manner in which the capabilities of any proposed
human-rated crew and launch vehicles meet the requirements of
the implementation plan under section 136 of this Act;
(2) a retention plan of skilled personnel from the legacy
Shuttle program which will sustain the level of safety for
that program through the final flight and transition plan
that will ensure that any NASA programs can utilize the human
capital resources of the Shuttle program, to the maximum
extent practicable;
(3) the implications for and impact on the Nation's
aerospace industrial base;
(4) the manner in which the proposed vehicles contribute to
a national mixed fleet launch and flight capacity;
(5) the nature and timing of the transition from the Space
Shuttle to the workforce, the proposed vehicles, and any
related infrastructure;
(6) support for ISS crew transportation, ISS utilization,
and lunar exploration architecture;
(7) for any human rated vehicle, a crew escape system, as
well as substantial protection against orbital debris strikes
that offers a high level of safety;
(8) development risk areas;
(9) the schedule and cost;
(10) the relationship between crew and cargo capabilities;
and
(11) the ability to reduce risk through the use of
currently qualified hardware.

SEC. 302. SPACE SHUTTLE TRANSITION.

(a) Policy Statement.--It is the policy of the United
States to possess the capability for assured human access to
space. The Administrator shall act to ensure that the United
States retains that capacity on a continuous basis. The
Administrator shall conduct the transition from the Space
Shuttle orbiter to a replacement capacity in a manner that
efficiently uses the personnel, capabilities, and
infrastructure that are currently available to the extent
feasible.
(b) Progress Report.--Within 180 days after the date of
enactment of this Act and annually thereafter, the
Administrator shall report to the Senate Committee on
Commerce, Science, and Transportation and the House of
Representatives Committee on Science on the progress and the
estimated amount of time before the next generation human-
rated NASA spacecraft will demonstrate crewed, orbital
spaceflight.
(c) Policy Compliance Report.--If, 1 year before the final
flight of the Space Shuttle orbiter, the United States has
not demonstrated a replacement human space flight system, the
Administrator shall certify that the United States cannot
uphold the policy outlined in subsection (a) and shall
provide a report to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives
Committee on Science describing--
(1) United States strategic risks associated with the
hiatus or gap;
(2) the estimated length of time during which the United
States will not have independent human access to space;
(3) what steps will be taken to shorten that length of
time; and
(4) what other means will be used to allow human access to
space during that time.
(d) Transition Plan Report.--After providing the
information required by section 301 to the Committees, the
Administrator shall transmit a report to the Senate Committee
on Commerce, Science, and Transportation and the House of
Representatives Committee on Science containing a detailed
and comprehensive Space Shuttle transition plan that includes
any necessary recertification, including requirements,
assumptions, and milestones, in order to utilize the Space
Shuttle orbiter beyond calendar year 2010.
(e) Contract Terminations; Vendor Replacements.--The
Administrator may not terminate any contracts nor replace any
vendors associated with the Space Shuttle until the
Administrator transmits the report required by subsection (b)
to the Committees.

SEC. 303. COMMERCIAL LAUNCH VEHICLES.

It is the sense of Congress that the Administrator should
use current and emerging commercial launch vehicles to
fulfill appropriate mission needs, including the support of
low-Earth orbit and lunar exploration operations.

SEC. 304. SECONDARY PAYLOAD CAPABILITY.

(a) In General.--In order to help develop a cadre of
experienced engineers and to provide more routine and
affordable access to space, the Administrator shall provide
the capabilities to support secondary payloads on United
States launch vehicles, including free flyers, for satellites
or scientific payloads weighing less than 500 kilograms.
(b) Feasibility Study.--The Administrator shall initiate a
feasibility study for establishing a National Free Flyer
Launch Center as a means of consolidating and integrating
secondary launch capabilities, launch opportunities, and
payloads.
(c) Assessment.--The feasibility study required in this
section shall include an assessment of the potential
utilization of existing launch and launch support facilities
and capabilities in the states of Montana and New Mexico and
their respective contiguous states, and the state of Alaska,
and shall include an assessment of the feasibility of
integrating the potential National Free Flyer Launch Center
within the operations and facilities of an existing non-
profit organization such as the Inland Northwest Space
Alliance in Missoula, Montana, or similar entity.

SEC. 305. POWER AND PROPULSION REPORTING.

The Administrator shall, within 180 days after the date of
enactment of this Act, provide to the Senate Committee on
Commerce, Science, and Transportation and the House of
Representatives Committee on Science, a full description of
plans to develop and utilize nuclear power and nuclear
propulsion capabilities to achieve agency goals and any
requirements in this Act, and address how those plans meet
the intent of the Vision for Space Exploration and the
President's Space Transportation Policy Directive.

SEC. 306. UTILIZATION OF NASA FIELD CENTERS AND WORKFORCE.

(a) In General.--In budgeting for and carrying out elements
of this title, the Administrator shall make the most
effective use of existing research, development, testing, and
space exploration expertise and facilities resident within
NASA field centers.
(b) Responsibilities of Field Centers.--The Administrator
shall take appropriate action to balance responsibilities
between the field centers for leading the development of
systems relevant to the Vision for Space Exploration,
including systems identified in this title or any
architecture studies performed by NASA.

TITLE IV--ENABLING COMMERCIAL ACTIVITY

SEC. 401. COMMERCIALIZATION PLAN.

(a) In General.--The Administrator, in consultation with
the Associate Administrator for Space Transportation of the
Federal Aviation Administration, the Director of the Office
of Space Commercialization of the Department of Commerce, and
any other relevant agencies, shall develop a
commercialization plan to support the human missions to the
Moon and Mars, to support Low-Earth Orbit activities and
Earth science mission and applications, and to transfer
science research and technology to society. The plan shall
identify opportunities for the private sector to participate
in the future missions and activities, including
opportunities for partnership between NASA and the private
sector in the development of technologies and services, shall
emphasize the utilization by NASA of advancements made by the
private sector in space launch and orbital hardware, and
shall include opportunities for innovative collaborations
between NASA and the private sector under existing
authorities of NASA for reimbursable and non-reimbursable
agreements under the National Aeronautics and Space Act of
1958 (42 U.S.C. 2451 et seq.).
(b) Report.--Within 180 days after the date of enactment of
this Act, the Administrator shall submit a copy of the plan
to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Science.

SEC. 402. COMMERCIAL TECHNOLOGY TRANSFER PROGRAM.

(a) In General.--The Administrator shall execute a
commercial technology transfer program with the goal of
facilitating the exchange services, products, and
intellectual property between NASA and the private sector.
This program shall be maintained in a manner that provides
measurable benefits for the agency, the domestic economy, and
research communities.
(b) Program Structure.--In carrying out the program
described in paragraph (a), the Administrator shall maintain
the funding and program structure of NASA's existing
technology transfer and commercialization organizations
through the end of fiscal year 2006.

SEC. 403. AUTHORITY FOR COMPETITIVE PRIZE PROGRAM TO
ENCOURAGE DEVELOPMENT OF ADVANCED SPACE AND
AERONAUTICAL TECHNOLOGIES.

Title III of the National Aeronautics and Space Act of 1958
(42 U.S.C. 2451 et seq.) is amended by adding at the end the
following:

``SEC. 316. PROGRAM ON COMPETITIVE AWARD OF PRIZES TO
ENCOURAGE DEVELOPMENT OF ADVANCED SPACE AND
AERONAUTICAL TECHNOLOGIES.

``(a) Program Authorized.--
``(1) In general.--The Administrator may carry out a
program to award prizes to stimulate innovation in basic and
applied research, technology development, and prototype
demonstration that have the potential for application to the
performance of the space and aeronautical activities of the
Administration.
``(2) Use of prize authority.--In carrying out the program,
the Administrator shall seek to develop and support
technologies and areas identified in section 134 of this Act
or other areas that the Administrator determines to be
providing impetus to NASA's overall exploration and science
architecture and plans, such as private efforts to detect
near Earth objects and, where practicable, utilize the prize
winner's technologies in fulfilling NASA's missions. The
Administrator shall widely advertise any competitions
conducted under the program and must include advertising to
research universities.

[[Page H10977]]

``(3) Coordination.--The program shall be implemented in
compliance with section 138 of the National Aeronautics and
Space Administration Authorization Act of 2005.
``(b) Program Requirements.--
``(1) Competitive process.--Recipients of prizes under the
program under this section shall be selected through one or
more competitions conducted by the Administrator.
``(2) Advertising.--The Administrator shall widely
advertise any competitions conducted under the program.
``(c) Registration; Assumption of Risk.--
``(1) Registration.--Each potential recipient of a prize in
a competition under the program under this section shall
register for the competition.
``(2) Assumption of risk.--In registering for a competition
under paragraph (1), a potential recipient of a prize shall
assume any and all risks, and waive claims against the United
States Government and its related entities, for any injury,
death, damage, or loss of property, revenue, or profits,
whether direct, indirect, or consequential, arising from
participation in the competition, whether such injury, death,
damage, or loss arises through negligence or otherwise,
except in the case of willful misconduct.
``(3) Related entity defined.--In this subsection, the term
`related entity' includes a contractor or subcontractor at
any tier, a supplier, user, customer, cooperating party,
grantee, investigator, or detailee.
``(d) Limitations.--
``(1) Total amount.--The total amount of cash prizes
available for award in competitions under the program under
this section in any fiscal year may not exceed $50,000,000.
``(2) Approval required for large prizes.--No competition
under the program may result in the award of more than
$1,000,000 in cash prizes without the approval of the
Administrator or a designee of the Administrator.
``(e) Relationship to Other Authority.--The Administrator
may utilize the authority in this section in conjunction with
or in addition to the utilization of any other authority of
the Administrator to acquire, support, or stimulate basic and
applied research, technology development, or prototype
demonstration projects.
``(f) Availability of Funds.--Funds appropriated for the
program authorized by this section shall remain available
until expended.''.

SEC. 404. COMMERCIAL GOODS AND SERVICES.

It is the sense of the Congress that NASA should purchase
commercially available space goods and services to the
fullest extent feasible in support of the human missions
beyond Earth and should encourage commercial use and
development of space to the greatest extent practicable.

TITLE V--AERONAUTICS RESEARCH AND DEVELOPMENT

SEC. 501. GOVERNMENTAL INTEREST IN AERONAUTICS.

Congress reaffirms the national commitment to aeronautics
research made in the National Aeronautics and Space Act of
1958. Aeronautical research and development remains a core
mission of NASA. NASA is the lead agency for civil
aeronautics research. NASA shall conduct a robust program of
aeronautics research that includes fundamental basic research
as well as research in the fields of vehicle systems and of
safety and security.

SEC. 502. NATIONAL POLICY FOR AERONAUTICS RESEARCH AND
DEVELOPMENT.

(a) In General.--The President shall develop through NASA
and other relevant entities, a national aeronautics policy to
guide the aeronautics programs of the United States through
the year 2020. The development of this policy shall utilize
external studies that have been conducted on the state of
United States aeronautics and aviation research and have
suggested policies to ensure continued competitiveness.
(b) Content.--At a minimum the national aeronautics policy
shall describe--
(1) national goals for aeronautics research;
(2) the priority areas of research for aeronautics through
fiscal year 2011;
(3) the basis of which and the process by which priorities
for ensuing fiscal years will be selected; and
(4) respective roles and responsibilities of various
Federal agencies in aeronautics research.
(c) NASA Input.--In providing input to and executing the
National Aeronautics Policy, the Administrator, shall
consider the following issues:
(1) The established governmental interest in conducting
research and development programs for improvement of the
usefulness, performance, speed, safety, and efficiency of
aeronautical and vehicles, as described in section 102(c)(2)
of the National Aeronautics and Space Act of 1958 and
reaffirmed in section 501.
(2) The established governmental interest in conducting
research and development programs that contribute to
preservation of the role of the United States as a global
leader in aeronautical technologies and in the application
thereof in section 102(c)(5) of the National Aeronautics and
Space Act of 1958 and reaffirmed in section 501.
(3) The appropriate balance between long-term, high risk
research and shorter, more incremental research, and the
expected impact on the United States economy and public good.
(4) The appropriate balance between in-house research and
procurement with industry and academia.
(5) The extent to which NASA should address military and
commercial aviation needs.
(6) How NASA will coordinate its aeronautics program with
other Federal agencies.
(7) Opportunities for partnerships with the private sector.
(d) Schedule.--
(1) No later than 1 year after the date of enactment of
this Act, the President shall submit the national aeronautics
policy to the Appropriations Committees of the House of
Representatives and the Senate, the House Committee on
Science, and the Senate Committee on Commerce, Science, and
Transportation.
(2) No later than 60 days after the transmittal of the
policy, the Administrator shall submit NASA's response to the
policy, to the Appropriations Committees of the House of
Representatives and the Senate, the House Committee on
Science, and the Senate Committee on Commerce, Science and
Transportation.

SEC. 503. HIGH PRIORITY AERONAUTICS RESEARCH AND DEVELOPMENT
PROGRAMS.

(a) In General.--In its role as lead agency for civil
aeronautics research and development, NASA shall develop
programs and projects in accordance with the National
Aeronautics Policy described in section 502, as well program
areas listed in subsection (b). These programs must be driven
by scientific merit.
(b) Research and Development.--In executing an aeronautics
research and development program, the Administrator shall, at
a minimum, within the budgetary and programmatic resources
provided, conduct programs in the following areas:
(1) Fundamental research.--The Administrator shall
establish a program of long-term fundamental research in
aeronautical sciences and technologies that is not tied to
specific development projects. The Administrator shall set
aside no less than 5 percent of the aeronautics budget for
this program. As part of this program, the Administrator is
encouraged to make merit-reviewed grants to institutions of
higher learning, including such institutions located in
states that participate in the Experimental Program to
Stimulate Competitive Research.
(2) Vehicle systems research and technology.--In order to
maintain United States economic competitiveness and protect
the environment, the Administrator shall establish programs
in each of the following technology areas:
(A) Environmental aircraft research and development.--The
Administrator shall establish an initiative with the
objective of developing and demonstrating in a relevant
environment, technologies to enable the following commercial
aircraft performance characteristics:
(i) Noise.--Noise levels on takeoff and on airport approach
and landing that do not exceed ambient noise levels in the
absence of flight operations in the vicinity of airports from
which such commercial aircraft would normally operate;
(ii) Energy consumption.--Twenty-five percent reduction in
the energy required for medium to long range flights,
compared to aircraft in commercial service as of the date of
enactment of this Act; and
(iii) Emissions.--Nitrogen oxides on take-off and landing
that are significantly reduced, without adversely affecting
hydrocarbons and smoke, relative to aircraft in commercial
service as of the date of enactment of this Act.
(B) Supersonic transport research and development.--The
Administrator shall establish an initiative with the
objective of developing and demonstrating in a relevant
environment within airframe and propulsion technologies to
enable efficient, economical overland flight of supersonic
civil transport aircraft with no significant impact on the
environment.
(C) Rotorcraft and other runway-independent air vehicles.--
The Administrator shall establish a rotorcraft and other
runway-independent air vehicles initiative with the objective
of developing and demonstrating improved safety, noise, and
environmental impact in a relevant environment.
(D) Hypersonics research.--The Administrator shall
establish a hypersonics research program whose objective
shall be to explore the science and technology of hypersonic
flight using air-breathing propulsion concepts, through a mix
of theoretical work, basic and applied research, and
development of flight research demonstration vehicles.
Emphasis in the program shall be given to advancing and
demonstrating turbine engine technology in the transition to
hypersonic range Mach 3 to Mach 5.
(E) Revolutionary aeronautical concepts.--The Administrator
shall establish a research program which covers a unique
range of subsonic, fixed wing vehicles and propulsion
concepts. This research is intended to push technology
barriers beyond current subsonic technology. Propulsion
concepts include advanced materials, morphing engines, hybrid
engines, and fuel cells.
(F) More electric aircraft initiative.--The Administrator
shall establish a program for innovative and focused research
and development such as fuel cell technologies.
(3) Airspace systems research.--The Airspace Systems
Research program shall pursue research and development to
enable revolutionary improvements to and modernization of the
National Airspace system, as well

[[Page H10978]]

as to enable the introduction of new systems for vehicles
that can take advantage of an improved, modern air
transportation system. In pursuing research and development
in this area, the Administrator shall align the projects of
the Airspace Systems Research program so that they directly
support the objectives of the Joint Planning and Development
Office's Next Generation air Transportation System Integrated
Plan.
(4) Aviation safety and security research.--The Aviation
Safety and Security Research program shall pursue research
and development activities that directly address the safety
and security needs of the National Airspace System and the
aircraft that fly in it.

SEC. 504. TEST FACILITIES.

(a) Prior to completion of the National Aeronautics Policy
described in section 502 and transmittal of such policy
pursuant to subsection (d) of that section, the Administrator
may not close, suspend, or terminate contracts for the
operation of major aeronautical test facilities, including
wind tunnels, unless the Administrator--
(1) certifies in writing that such closure will not have an
adverse impact on NASA's ability to execute the National
Policy and achieve the goals described in that Policy; and
(2) provides notification to and receives concurrence from
the Appropriations Committees of the House of Representatives
and the Senate, the House Committee on Science, and the
Senate Committee on Commerce, Science and Transportation 60
days in advance of such action.

SEC. 505. MISCELLANEOUS PROVISIONS.

(a) Workforce Development.--The Administrator shall
encourage the development of a skilled and diverse
aeronautics research workforce using appropriate available
tools such as grants, scholarships for service, and
fellowships.
(b) Alignment of Programs.--Notwithstanding any other
provision of this title, the Administrator shall align NASA's
aeronautics program with priorities established by the Joint
Planning and Development Office and by the National
Aeronautics Policy described in section 502 of this Act.

TITLE VI--MISCELLANEOUS ADMINISTRATIVE IMPROVEMENTS

SEC. 601. EXTENSION OF INDEMNIFICATION AUTHORITY.

Section 309 of the National Aeronautics and Space Act of
1958 (42 U.S.C. 2458c) is amended by striking ``December 31,
2002'' and inserting ``December 31, 2007'', and by striking
``September 30, 2005'' and inserting ``December 31, 2009''.

SEC. 602. INTELLECTUAL PROPERTY PROVISIONS.

Section 305 of the National Aeronautics and Space Act of
1958 (42 U.S.C. 2457) is amended by inserting after
subsection (f) the following:
``(g) Assignment of Patent Rights, etc.--
``(1) In general.--Under agreements entered into pursuant
to paragraph (5) or (6) of section 203(c) of this Act (42
U.S.C. 2473(c)(5) or (6)), the Administrator may--
``(A) grant or agree to grant in advance to a participating
party, patent licenses or assignments, or options thereto, in
any invention made in whole or in part by an Administration
employee under the agreement; or
``(B) subject to section 209 of title 35, grant a license
to an invention which is Federally owned, for which a patent
application was filed before the signing of the agreement,
and directly within the scope of the work under the
agreement, for reasonable compensation when appropriate.
``(2) Exclusivity.--The Administrator shall ensure, through
such agreement, that the participating party has the option
to choose an exclusive license for a pre-negotiated field of
use for any such invention under the agreement or, if there
is more than 1 participating party, that the participating
parties are offered the option to hold licensing rights that
collectively encompass the rights that would be held under
such an exclusive license by one party.
``(3) Conditions.--In consideration for the Government's
contribution under the agreement, grants under this
subsection shall be subject to the following explicit
conditions:
``(A) A nonexclusive, nontransferable, irrevocable, paid-up
license from the participating party to the Administration to
practice the invention or have the invention practiced
throughout the world by or on behalf of the Government. In
the exercise of such license, the Government shall not
publicly disclose trade secrets or commercial or financial
information that is privileged or confidential within the
meaning of section 552 (b)(4) of title 5, United States Code,
or which would be considered as such if it had been obtained
from a non-Federal party.
``(B) If the Administration assigns title or grants an
exclusive license to such an invention, the Government shall
retain the right--
``(i) to require the participating party to grant to a
responsible applicant a nonexclusive, partially exclusive, or
exclusive license to use the invention in the applicant's
licensed field of use, on terms that are reasonable under the
circumstances; or
``(ii) if the participating party fails to grant such a
license, to grant the license itself.
``(C) The Government may exercise its right retained under
subparagraph (B) only in exceptional circumstances and only
if the Government determines that--
``(i) the action is necessary to meet health or safety
needs that are not reasonably satisfied by the participating
party;
``(ii) the action is necessary to meet requirements for
public use specified by Federal regulations, and such
requirements are not reasonably satisfied by the
participating party; or
``(iii) the action is necessary to comply with an agreement
containing provisions described in section 12(c)(4)(B) of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3710a(c)(4)(B)).
``(4) Appeal and review of determination.--A determination
under paragraph (3)(C) is subject to administrative appeal
and judicial review under section 203(b) of title 35, United
States Code.''.

SEC. 603. RETROCESSION OF JURISDICTION.

Title III of the National Aeronautics and Space Act of
1958, as amended by section 602 of this Act, is further
amended by adding at the end the following:

``SEC. 317. RETROCESSION OF JURISDICTION.

``Notwithstanding any other provision of law, the
Administrator may, whenever the Administrator considers it
desirable, relinquish to a State all or part of the
legislative jurisdiction of the United States over lands or
interests under the Administrator's control in that State.
Relinquishment of legislative jurisdiction under this section
may be accomplished (1) by filing with the Governor of the
State concerned a notice of relinquishment to take effect
upon acceptance thereof, or (2) as the laws of the State may
otherwise provide.''.

SEC. 604. RECOVERY AND DISPOSITION AUTHORITY.

Title III of the National Aeronautics and Space Act of
1958, as amended by section 603 of this Act, is further
amended by adding at the end the following:

``SEC. 318. RECOVERY AND DISPOSITION AUTHORITY.

``(a) In General.--
``(1) Control of remains.--Subject to paragraph (2), when
there is an accident or mishap resulting in the death of a
crewmember of a NASA human space flight vehicle, the
Administrator may take control over the remains of the
crewmember and order autopsies and other scientific or
medical tests.
``(2) Treatment.--Each crewmember shall provide the
Administrator with his or her preferences regarding the
treatment accorded to his or her remains and the
Administrator shall, to the extent possible, respect those
stated preferences.
``(b) Definitions.--In this section:
``(1) Crewmember.--The term `crewmember' means an astronaut
or other person assigned to a NASA human space flight
vehicle.
``(2) NASA human space flight vehicle.--The term `NASA
human space flight vehicle' means a space vehicle, as defined
in section 308(f)(1), that--
``(A) is intended to transport 1 or more persons;
``(B) designed to operate in outer space; and
``(C) is either owned by NASA, or owned by a NASA
contractor or cooperating party and operated as part of a
NASA mission or a joint mission with NASA.''.

SEC. 605. REQUIREMENT FOR INDEPENDENT COST ANALYSIS.

Section 301 of the National Aeronautics and Space
Administration Authorization Act of 2000 (42 U.S.C. 2459g)
amended--
(1) by striking ``Phase B'' in subsection (a) and inserting
``implementation'';
(2) by striking ``Chief Financial Officer'' each place it
appears in subsection (a) and inserting ``Administrator'';
(3) by inserting ``and consider'' in subsection (a) after
``shall conduct''; and
(4) by striking subsection (b) and inserting the following:
``(b) Implementation Defined.--In this section, the term
`implementation' means all activity in the life cycle of a
program or project after preliminary design, independent
assessment of the preliminary design, and approval to proceed
into implementation, including critical design, development,
certification, launch, operations, disposal of assets, and,
for technology programs, development, testing, analysis and
communication of the results to the customers.''.

SEC. 606. ELECTRONIC ACCESS TO BUSINESS OPPORTUNITIES.

Title III of the National Aeronautics and Space Act of
1958, as amended by section 604 of this Act, is further
amended by adding at the end the following:

``SEC. 319. ELECTRONIC ACCESS TO BUSINESS OPPORTUNITIES.

``(a) In General.--The Administrator may implement a pilot
program providing for reduction in the waiting period between
publication of notice of a proposed contract action and
release of the solicitation for procurements conducted by the
National Aeronautics and Space Administration.
``(b) Applicability.--The program implemented under
subsection (a) shall apply to non-commercial acquisitions--
``(1) with a total value in excess of $100,000 but not more
than $5,000,000, including options;
``(2) that do not involve bundling of contract requirements
as defined in section 3(o) of the Small Business Act (15
U.S.C. 632(o)); and
``(3) for which a notice is required by section 8(e) of the
Small Business Act (15 U.S.C. 637(e)) and section 18(a) of
the Office of Federal Procurement Policy Act (41 U.S.C.
416(a)).
``(c) Notice.--

[[Page H10979]]

``(1) Notice of acquisitions subject to the program
authorized by this section shall be made accessible through
the single Government-wide point of entry designated in the
Federal Acquisition Regulation, consistent with section
30(c)(4) of the Office of Federal Procurement Policy Act (41
U.S.C. 426(c)(4)).
``(2) Providing access to notice in accordance with
paragraph (1) satisfies the publication requirements of
section 8(e) of the Small Business Act (15 U.S.C. 637(e)) and
section 18(a) of the Office of Federal Procurement Policy Act
(41 U.S.C. 416(a)).
``(d) Solicitation.--Solicitations subject to the program
authorized by this section shall be made accessible through
the Government-wide point of entry, consistent with
requirements set forth in the Federal Acquisition Regulation,
except for adjustments to the wait periods as provided in
subsection (e).
``(e) Wait Period.--
``(1) Whenever a notice required by section 8(e)(1)(A) of
the Small Business Act (15 U.S.C. 637(e)(1)(A)) and section
18(a) of the Office of Federal Procurement Policy Act (41
U.S.C. 416(a)) is made accessible in accordance with
subsection (c) of this section, the wait period set forth in
section 8(e)(3)(A) of the Small Business Act (15 U.S.C.
637(e)(3)(A)) and section 18(a)(3)(A) of the Office of
Federal Procurement Policy Act (41 U.S.C. 416(a)(3)(A)),
shall be reduced by 5 days. If the solicitation applying to
that notice is accessible electronically in accordance with
subsection (d) simultaneously with issuance of the notice,
the wait period set forth in section 8(e)(3)(A) of the Small
Business Act (15 U.S.C. 637(e)(3)(A)) and section 18(a)(3)(A)
of the Office of Federal Procurement Policy Act (41 U.S.C.
416(a)(3)(A)) shall not apply and the period specified in
section 8(e)(3)(B) of the Small Business Act and section
18(a)(3)(B) of the Office of Federal Procurement Policy Act
for submission of bids or proposals shall begin to run from
the date the solicitation is electronically accessible.
``(2) When a notice and solicitation are made accessible
simultaneously and the wait period is waived pursuant to
paragraph (1), the deadline for the submission of bids or
proposals shall be not less than 5 days greater than the
minimum deadline set forth in section 8(e)(3)(B) of the Small
Business Act (15 U.S.C. 637(e)(3)(B)) and section 18(a)(3)(B)
of the Office of Federal Procurement Policy Act (41 U.S.C.
416(a)(3)(B)).
``(f) Implementation.--
``(1) Nothing in this section shall be construed as
modifying regulatory requirements set forth in the Federal
Acquisition Regulation, except with respect to--
``(A) the applicable wait period between publication of
notice of a proposed contract action and release of the
solicitation; and
``(B) the deadline for submission of bids or proposals for
procurements conducted in accordance with the terms of this
pilot program.
``(2) This section shall not apply to the extent the
President determines it is inconsistent with any
international agreement to which the United States is a
party.
``(g) Study.--Within 18 months after the effective date of
the program, NASA, in coordination with the Small Business
Administration, the General Services Administration, and the
Office of Management and Budget, shall evaluate the impact of
the pilot program and submit to Congress a report that--
``(1) sets forth in detail the results of the test,
including the impact on competition and small business
participation; and
``(2) addresses whether the pilot program should be made
permanent, continued as a test program, or allowed to expire.
``(h) Regulations.--The Administrator shall publish
proposed revisions to the NASA Federal Acquisition Regulation
Supplement necessary to implement this section in the Federal
Register not later than 120 days after the date of enactment
of the National Aeronautics and Space Administration
Authorization Act of 2005. The Administrator shall--
``(1) make the proposed regulations available for public
comment for a period of not less than 60 days; and
``(2) publish final regulations in the Federal Register not
later than 240 days after the date of enactment of that Act.
``(i) Effective Date.--
``(1) In general.--The pilot program authorized by this
section shall take effect on the date specified in the final
regulations promulgated pursuant to subsection (h)(2).
``(2) Limitation.--The date so specified shall be no less
than 30 days after the date on which the final regulation is
published.
``(j) Expiration of Authority.--The authority to conduct
the pilot program under subsection (a) and to award contracts
under such program shall expire 2 years after the effective
date established in the final regulations published in the
Federal Register under subsection (h)(2).''.

SEC. 607. REPORTS ELIMINATION.

(a) Repeals.--The following provisions of law are repealed:
(1) Section 201 of the National Aeronautics and Space
Administration Authorization Act of 2000 (42 U.S.C. 2451
note).
(2) Section 304(d) of the Federal Aviation Administration
Research, Engineering, and Development Authorization Act of
1992 (49 U.S.C. 47508 note).
(b) Amendments.--
(1) Section 315 of the National Aeronautics and Space
Administration Act of 1958 (42 U.S.C. 2459j) is amended by
striking subsection (a) and redesignating subsections (b)
through (f) as subsections (a) through (e).
(2) Section 315(a) of the National Aeronautics and Space
Administration Authorization Act, Fiscal Year 1993 (42 U.S.C.
2487a(c)) is amended by striking subsection (c) and
redesignating subsection (d) as subsection (c).
(3) Section 323 of the National Aeronautics and Space
Administration Authorization Act of 2000 is amended by
striking subsection (a).

SEC. 608. SMALL BUSINESS CONTRACTING.

(a) Plan.--In consultation with the Small Business
Administration, the Administrator shall develop a plan to
maximize the number and amount of contracts awarded to small
business concerns (within the meaning given that term in
section 3 of the Small Business Act (15 U.S.C. 632) and to
meet established contracting goals for such concerns.
(b) Priority.--The Administrator shall establish, as a
priority, meeting the contracting goals developed in
conjunction with the Small Business Administration to
maximize the amount of prime contracts, as measured in
dollars, awarded in each fiscal year by NASA to small
business concerns (within the meaning given that term in
section 3 of the Small Business Act (15 U.S.C. 632)).

SEC. 609. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW AND REPORT.

(a) Review.--The Comptroller General of the United States
shall conduct a review of NASA's policies, processes, and
procedures in the planning and management of applications
research and development implemented in calendar years 2001
to 2005 within the Applied Sciences Directorate and former
Earth Science Applications Program. A formal and transparent
peer review process that instills public and stakeholder
confidence in NASA's sponsored applications research and
development programs is important and the process by which
this program defines requirements, scopes programs, selects
peer reviewers, manages the research competition, and selects
proposals is of concern. The review shall include--
(1) the program planning and analysis process used to
formulate applied science research and development
requirements, priorities, and solicitation schedules,
including changes to the process within the period under
review, and the effects of such planning on the quality and
clarity of applied sciences research announcements;
(2) the peer review process including--
(A) membership selection, determination of qualifications
and use of NASA and non-NASA reviewers;
(B) management of conflicts of interest, including
reviewers funded by the program with a significant consulting
or contractual relationship with NASA, and individuals who
both review proposals and participate in the submission of
proposals under the same solicitation announcement;
(C) compensation of non-NASA proposal reviewers;
(3) the process for assigning or allocating applied
research to NASA researchers and to non-NASA researchers; and
(4) alternative models for NASA planning and management of
applied science and applications research, including an
evaluation of--
(A) the National Institutes of Health's intramural and
extramural research program structure, peer review process,
management of conflicts of interests, compensation of
reviewers, and the effects of compensation on reviewer
efficiency and quality;
(B) the Department of Agriculture's research programs and
structure, peer review process, management of conflicts of
interest, compensation of reviewers, and the effects of
compensation on reviewer efficiency and quality; and
(C) the ``best practices'' of both in the planning,
selection, and management of applied sciences research and
development.
(b) Report.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General shall submit a
report to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Science describing the results of the review conducted under
subsection (a), including recommendations for NASA best
practices.
(c) Implementation.--Not later than 90 days after receipt
of the report, NASA shall provide the Senate Committee on
Commerce, Science, and Transportation and the House of
Representatives Committee on Science a plan describing the
implementation of those recommendations.

Motion Offered by Mr. Boehlert

Mr. BOEHLERT. Mr. Speaker, I offer a motion.
The Clerk read as follows:

Mr. Boehlert of New York moves to strike all after the
enacting clause of S. 1281 and insert in lieu thereof the
text of H.R. 3070 as passed by the House, 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 the ``National
Aeronautics and Space Administration Authorization Act of
2005''.
(b) Table of Contents.--The table of contents for this Act
is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.

[[Page H10980]]

TITLE I--GENERAL PRINCIPLES AND REPORTS

Sec. 101. Responsibilities, policies, and plans.
Sec. 102. Reports.
Sec. 103. Baselines and cost controls.
Sec. 104. Prize authority.
Sec. 105. Foreign launch vehicles.
Sec. 106. Safety management.
Sec. 107. Lessons learned and best practices.
Sec. 108. Commercialization plan.
Sec. 109. Study on the feasibility of use of ground source heat pumps.
Sec. 110. Space shuttle return to flight.
Sec. 111. Whistleblower protection.

TITLE II--AUTHORIZATION OF APPROPRIATIONS

Sec. 201. Structure of budgetary accounts.
Sec. 202. Fiscal year 2006.
Sec. 203. Fiscal year 2007.
Sec. 204. ISS research.
Sec. 205. Test facilities.
Sec. 206. Proportionality.
Sec. 207. Limitations on authority.
Sec. 208. Notice of reprogramming.
Sec. 209. Cost overruns.
Sec. 210. Official representational fund.
Sec. 211. International Space Station cost cap.

TITLE III--SCIENCE

Subtitle A--General Provisions

Sec. 301. Performance assessments.
Sec. 302. Status report on Hubble Space Telescope servicing mission.
Sec. 303. Independent assessment of Landsat-NPOESS integrated mission.
Sec. 304. Assessment of science mission extensions.
Sec. 305. Microgravity research.
Sec. 306. Coordination with the National Oceanic and Atmospheric
Administration.

Subtitle B--Remote Sensing

Sec. 311. Definitions.
Sec. 312. Pilot projects to encourage public sector applications.
Sec. 313. Program evaluation.
Sec. 314. Data availability.
Sec. 315. Education.

Subtitle C--George E. Brown, Jr. Near-Earth Object Survey

Sec. 321. George E. Brown, Jr. Near-Earth Object Survey.

TITLE IV--AERONAUTICS

Sec. 401. Definition.

Subtitle A--National Policy for Aeronautics Research and Development

Sec. 411. Policy.

Subtitle B--NASA Aeronautics Breakthrough Research Initiatives

Sec. 421. Environmental aircraft research and development initiative.
Sec. 422. Civil supersonic transport research and development
initiative.
Sec. 423. Rotorcraft and other runway-independent air vehicles research
and development initiative.

Subtitle C--Other NASA Aeronautics Research and Development Activities

Sec. 431. Fundamental research and technology base program.
Sec. 432. Airspace systems research.
Sec. 433. Aviation safety and security research.
Sec. 434. Zero-emissions aircraft research.
Sec. 435. Mars aircraft research.
Sec. 436. Hypersonics research.
Sec. 437. NASA aeronautics scholarships.
Sec. 438. Aviation weather research.
Sec. 439. Assessment of wake turbulence research and development
program.
Sec. 440. University-based centers.

TITLE V--HUMAN SPACE FLIGHT

Sec. 501. International Space Station completion.
Sec. 502. Human exploration priorities.
Sec. 503. GAO assessment.

TITLE VI--OTHER PROGRAM AREAS

Subtitle A--Space and Flight Support

Sec. 601. Orbital debris.
Sec. 602. Secondary payload capability.

Subtitle B--Education

Sec. 611. Institutions in NASA's minority institutions program.
Sec. 612. Program to expand distance learning in rural underserved
areas.
Sec. 613. Charles ``Pete'' Conrad Astronomy Awards.
Sec. 614. Review of education programs.
Sec. 615. Equal access to NASA's education programs.
Sec. 616. Museums.
Sec. 617. Review of MUST program.

TITLE VII--MISCELLANEOUS AMENDMENTS

Sec. 701. Retrocession of jurisdiction.
Sec. 702. Extension of indemnification.
Sec. 703. NASA scholarships.
Sec. 704. Independent cost analysis.
Sec. 705. Limitations on off-shore performance of contracts for the
procurement of goods and services.
Sec. 706. Long duration flight.

TITLE VIII--INDEPENDENT COMMISSIONS

Sec. 801. Definitions.

Subtitle A--International Space Station Independent Safety Commission

Sec. 811. Establishment of Commission.
Sec. 812. Tasks of the Commission.
Sec. 813. Sunset.

Subtitle B--Human Space Flight Independent Investigation Commission

Sec. 821. Establishment of Commission.
Sec. 822. Tasks of the Commission.

Subtitle C--Organization and Operation of Commissions

Sec. 831. Composition of Commissions.
Sec. 832. Powers of Commission.
Sec. 833. Public meetings, information, and hearings.
Sec. 834. Staff of Commission.
Sec. 835. Compensation and travel expenses.
Sec. 836. Security clearances for Commission members and staff.
Sec. 837. Reporting requirements and termination.

SEC. 2. FINDINGS.

The Congress finds the following:
(1) On January 14, 2004, the President unveiled the Vision
for Space Exploration to guide United States policy on human
space exploration.
(2) The President's vision of returning humans to the Moon
and working toward a sustainable human presence there and
then venturing further into the solar system provides a
sustainable rationale for the United States human space
flight program.
(3) As we enter the Second Space Age, the National
Aeronautics and Space Administration should continue to
support robust programs in space science, aeronautics, and
earth science as it moves forward with plans to send
Americans to the Moon, Mars, and worlds beyond.
(4) The National Aeronautics and Space Administration's
programs can advance the frontiers of science, expanding
understanding of our planet and of the universe, and
contribute to American prosperity.
(5) The United States should honor its international
commitments to the International Space Station program.
(6) The United States must remain the leader in aeronautics
and aviation. Any erosion of this preeminence is not in the
Nation's economic or security interests. Past Federal
investments in aeronautics research and development have
benefited the economy and national security of the United
States and improved the quality of life of its citizens.
(7) Long-term progress in aeronautics and space requires
continued Federal investment in fundamental research, test
facilities, and maintenance of a skilled civil service
workforce at NASA's Centers.
(8) An important part of NASA's mission is education and
outreach.

SEC. 3. DEFINITIONS.

TITLE I--GENERAL PRINCIPLES AND REPORTS

SEC. 101. RESPONSIBILITIES, POLICIES, AND PLANS.

(a) General Responsibilities.--
(1) Programs.--The Administrator shall ensure that NASA
carries out a balanced set of programs that shall include, at
a minimum, programs in--
(A) human space flight, in accordance with subsection (b);
(B) aeronautics research and development; and
(C) scientific research, which shall include, at a
minimum--
(i) robotic missions to study planets, and to deepen
understanding of astronomy, astrophysics, and other areas of
science that can be productively studied from space;
(ii) earth science research and research on the Sun-Earth
connection through the development and operation of research
satellites and other means;
(iii) support of university research in space science,
earth science and microgravity science.
(iv) research on microgravity, including research that is
not directly related to human exploration.
(2) Consultation and coordination.--In carrying out the
programs of NASA, the Administrator shall--
(A) consult and coordinate to the extent appropriate with
other relevant Federal agencies, including through the
National Science and Technology Council;
(B) work closely with the private sector, including by--
(i) encouraging the work of entrepreneurs who are seeking
to develop new means to launch satellites, crew, or cargo;
(ii) contracting with the private sector for crew and cargo
services to the extent practicable; and
(iii) using commercially available products (including
software) and services to the extent practicable to support
all NASA activities; and
(C) involve other nations to the extent appropriate.
(b) Vision for Space Exploration.--The Administrator shall
manage human space flight programs to strive to achieve the
following goals:
(1) Returning Americans to the Moon no later than 2020.
(2) Launching the Crew Exploration Vehicle as close to 2010
as possible.
(3) Increasing knowledge of the impacts of long duration
stays in space on the human body using the most appropriate
facilities available.

[[Page H10981]]

(4) Enabling humans to land on and return from Mars and
other destinations on a timetable that is technically and
fiscally possible.
(c) Aeronautics.--
(1) In general.--The President of the United States,
through the Administrator, and in consultation with other
Federal agencies, shall develop a national aeronautics policy
to guide the aeronautics programs of NASA through 2020.
(2) Content.--At a minimum, the national aeronautics policy
shall describe for NASA--
(A) the priority areas of research for aeronautics through
fiscal year 2011;
(B) the basis on which and the process by which priorities
for ensuing fiscal years will be selected;
(C) the facilities and personnel needed to carry out the
aeronautics program through fiscal year 2011; and
(D) the budget assumptions on which the national
aeronautics policy is based, which for fiscal years 2006 and
2007 shall be the authorized level for aeronautics provided
in title II of this Act.
(3) Considerations.--In developing the national aeronautics
policy, the President shall consider the following issues,
which shall be discussed in the transmittal under paragraph
(5):
(A) The extent to which NASA should focus on long-term,
high-risk research or more incremental research, and the
expected impact on the United States aircraft and airline
industries of that decision.
(B) The extent to which NASA should address military and
commercial needs.
(C) How NASA will coordinate its aeronautics program with
other Federal agencies.
(D) The extent to which NASA will fund university research,
and the expected impact of that funding on the supply of
United States workers for the aeronautics industry.
(E) The extent to which the priority areas of research
listed pursuant to paragraph (2)(A) should include the
activities authorized by title IV of this Act, the discussion
of which shall include a priority ranking of all of the
activities authorized in title IV and an explanation for that
ranking.
(4) Consultation.--In the development of the national
aeronautics policy, the Administrator shall consult widely
with academic and industry experts and with other Federal
agencies. The Administrator may enter into an arrangement
with the National Academy of Sciences to help develop the
national aeronautics policy.
(5) Schedule.--The Administrator shall transmit the
national aeronautics policy to the Committee on
Appropriations and the Committee on Science of the House of
Representatives, and to the Committee on Appropriations and
the Committee on Commerce, Science, and Transportation of the
Senate, not later than the date on which the President
submits the proposed budget for the Federal Government for
fiscal year 2007 to the Congress. The Administrator shall
make available to those committees any study done by a
nongovernmental entity that was used in the development of
the national aeronautics policy.
(d) Science.--
(1) In general.--The Administrator shall develop a policy
to guide the science programs of NASA through 2016.
(2) Content.--At a minimum, the policy shall describe--
(A) the missions NASA will initiate, design, develop,
launch, or operate in space science and earth science through
fiscal year 2016, including launch dates;
(B) a priority ranking of all of the missions listed under
subparagraph (A), and the rationale for the ranking;
(C) the budget assumptions on which the policy is based,
which for fiscal years 2006 and 2007 shall be consistent with
the authorizations provided in title II of this Act; and
(D) the facilities and personnel needed to carry out the
policy through fiscal year 2016.
(3) Considerations.--In developing the science policy under
this subsection, the Administrator shall consider the
following issues, which shall be discussed in the transmittal
under paragraph (6):
(A) What the most important scientific questions in space
science and earth science are.
(B) The relationship between NASA's space and earth science
activities and those of other Federal agencies.
(4) Consultation.--In developing the policy under this
subsection, the Administrator shall draw on decadal surveys
and other reports in planetary science, astronomy, solar and
space physics, earth science, and any other relevant fields
developed by the National Academy of Sciences. The
Administrator shall also consult widely with academic and
industry experts and with other Federal agencies.
(5) Hubble space telescope.--The policy developed under
this subsection shall address plans for a human mission to
repair the Hubble Space Telescope consistent with section 302
of this Act.
(6) Schedule.--The Administrator shall transmit the policy
developed under this subsection to the Committee on Science
of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate not later
than the date on which the President submits the proposed
budget for the Federal Government for fiscal year 2007 to the
Congress. The Administrator shall make available to those
committees any study done by a nongovernmental entity that
was used in the development of the policy.
(e) Facilities.--
(1) In general.--The Administrator shall develop a plan for
managing NASA's facilities through fiscal year 2015. The plan
shall be consistent with the policies and plans developed
pursuant to this section.
(2) Content.--At a minimum, the plan shall describe--
(A) any new facilities NASA intends to acquire, whether
through construction, purchase, or lease, and the expected
dates for doing so;
(B) any facilities NASA intends to significantly modify,
and the expected dates for doing so;
(C) any facilities NASA intends to close, and the expected
dates for doing so;
(D) any transaction NASA intends to conduct to sell, lease,
or otherwise transfer the ownership of a facility, and the
expected dates for doing so;
(E) how each of the actions described in subparagraphs (A),
(B), (C), and (D) will enhance the ability of NASA to carry
out its programs;
(F) the expected costs or savings expected from each of the
actions described in subparagraphs (A), (B), (C), and (D);
(G) the priority order of the actions described in
subparagraphs (A), (B), (C), and (D);
(H) the budget assumptions of the plan, which for fiscal
years 2006 and 2007 shall be consistent with the
authorizations provided in title II of this Act; and
(I) how facilities were evaluated in developing the plan.
(3) Schedule.--The Administrator shall transmit the plan
developed under this subsection to the Committee on Science
of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate not later
than the date on which the President submits the proposed
budget for the Federal Government for fiscal year 2008 to the
Congress.
(f) Workforce.--
(1) In general.--The Administrator shall develop a human
capital strategy to ensure that NASA has a workforce of the
appropriate size and with the appropriate skills to carry out
the programs of NASA, consistent with the policies and plans
developed pursuant to this section. The strategy shall cover
the period through fiscal year 2011.
(2) Content.--The strategy shall describe, at a minimum--
(A) any categories of employees NASA intends to reduce, the
expected size and timing of those reductions, the methods
NASA intends to use to make the reductions, and the reasons
NASA no longer needs those employees;
(B) any categories of employees NASA intends to increase,
the expected size and timing of those increases, the methods
NASA intends to use to recruit the additional employees, and
the reasons NASA needs those employees;
(C) the steps NASA will use to retain needed employees; and
(D) the budget assumptions of the strategy, which for
fiscal years 2006 and 2007 shall be consistent with the
authorizations provided in title II of this Act, and any
expected additional costs or savings from the strategy by
fiscal year.
(3) Schedule.--The Administrator shall transmit the
strategy developed under this subsection to the Committee on
Science of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate not later
than the date on which the President submits the proposed
budget for the Federal Government for fiscal year 2007 to the
Congress. At least 60 days before transmitting the strategy,
NASA shall provide a draft of the strategy to its Federal
Employee Unions for a 30-day consultation period after which
NASA shall respond in writing to any written concerns
provided by the Unions.
(4) Limitation.--NASA may not initiate any buyout offer
until 60 days after the strategy required by this subsection
has been transmitted to the Congress in accordance with
paragraph (3). NASA may not implement any Reduction in Force
or other involuntary separations (except for cause) prior to
February 16, 2007.
(g) Center Management.--
(1) In general.--The Administrator shall conduct a study to
determine whether any of NASA's centers should be operated by
or with the private sector by converting a center to a
Federally Funded Research and Development Center or through
any other mechanism.
(2) Content.--The study shall, at a minimum--
(A) make a recommendation for the operation of each center
and provide reasons for that recommendation; and
(B) describe the advantages and disadvantages of each mode
of operation considered in the study.
(3) Considerations.--In conducting the study, the
Administrator shall take into consideration the experiences
of other relevant Federal agencies in operating laboratories
and centers and any reports that have reviewed the mode of
operation of those laboratories and centers, as well as any
reports that have reviewed NASA's centers.
(4) Schedule.--The Administrator shall transmit the study
conducted under this subsection to the Committee on Science
of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate not later
than May 31, 2006.

[[Page H10982]]

(h) Budgets.--The proposed budget for NASA submitted by the
President for each fiscal year shall be accompanied by
documents showing--
(1) the budget for each element of the human space flight
program;
(2) the budget for aeronautics;
(3) the budget for space science;
(4) the budget for earth science;
(5) the budget for microgravity science;
(6) the budget for education;
(7) the budget for technology transfer programs;
(8) the budget for the Integrated Financial Management
Program, by individual element;
(9) the budget for the Independent Technical Authority,
both total and by center;
(10) the budget for public relations, by program;
(11) the comparable figures for at least the 2 previous
fiscal years for each item in the proposed budget;
(12) the amount of unobligated funds and unexpended funds,
by appropriations account--
(A) that remained at the end of the fiscal year prior to
the fiscal year in which the budget is being presented that
were carried over into the fiscal year in which the budget is
being presented;
(B) that are estimated will remain at the end of the fiscal
year in which the budget is being presented that are proposed
to be carried over into the fiscal year for which the budget
is being presented; and
(C) that are estimated will remain at the end of the fiscal
year for which the budget is being presented; and
(13) the budget for safety, by program.
(i) General and Administrative Expenses.--NASA shall make
available, upon request from the Committee on Science of the
House of Representatives or the Committee on Commerce,
Science, and Transportation of the Senate, information on
Corporate and Center General and Administrative Costs and
Service Pool costs, including--
(1) the total amount of funds being allocated for those
purposes for any fiscal year for which the President has
submitted an annual budget request to Congress;
(2) the amount of funds being allocated for those purposes
for each center, for headquarters, and for each directorate;
and
(3) the major activities included in each cost category.
(j) NASA Test Facilities.--
(1) Review.--The Director of the Office of Science and
Technology Policy shall commission an independent review of
the Nation's long-term strategic needs for test facilities
and shall submit the review to the Committee on Science of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate. The review shall
include an evaluation of the facility needs described
pursuant to subsection (c)(2)(C).
(2) Limitation.--The Administrator shall not close or
mothball any aeronautical test facilities identified in the
2003 independent assessment by the RAND Corporation, entitled
``Wind Tunnel and Propulsion Test Facilities: An Assessment
of NASA's Capabilities to Serve National Needs'' as being
part of the minimum set of those facilities necessary to
retain and manage to serve national needs, as well as any
other non-aeronautical NASA test facilities that were in use
as of January 1, 2004, until the review conducted under
paragraph (1) has been transmitted to the Congress.

SEC. 102. REPORTS.

(a) Immediate Issues.--Not later than September 30, 2005,
the Administrator shall transmit to the Committee on Science
of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report
on each of the following items:
(1) The research agenda for the ISS and its proposed final
configuration.
(2) The number of flights the Space Shuttle will make
before its retirement, the purpose of those flights, and the
expected date of the final flight.
(3) A description of the means, other than the Space
Shuttle, that may be used to ferry crew and cargo to and from
the ISS.
(4) A plan for the operation of the ISS in the event that
the Iran Nonproliferation Act of 2000 is not amended.
(5) A description of the launch vehicle for the Crew
Exploration Vehicle.
(6) A description of any heavy lift vehicle NASA intends to
develop, the intended uses of that vehicle, and whether the
decision to develop that vehicle has undergone an interagency
review.
(7) A description of the intended purpose of lunar missions
and the architecture for those missions.
(8) The program goals for Project Prometheus.
(9) A plan for managing the cost increase for the James
Webb Space Telescope.
(b) Crew Exploration Vehicle.--The Administrator shall not
enter into a development contract for the Crew Exploration
Vehicle until at least 30 days after the Administrator has
transmitted to the Committee on Science of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report describing--
(1) the expected cost of the Crew Exploration Vehicle
through fiscal year 2020, based on the specifications for
that development contract;
(2) the expected budgets for each fiscal year through
fiscal year 2020 for human space flight, aeronautics, space
science, and earth science--
(A) first assuming inflationary growth for the budget of
NASA as a whole and including costs for the Crew Exploration
Vehicle as projected under paragraph (1); and
(B) then assuming inflationary growth for the budget of
NASA as a whole and including at least two cost estimates for
the Crew Exploration Vehicle that are higher than those
projected under paragraph (1), based on NASA's past
experience with cost increases for similar programs, along
with a description of the reasons for selecting the cost
estimates used for the calculations under this subparagraph
and the probability that the cost of the Crew Exploration
Vehicle will reach those estimated amounts; and
(3) the extent to which the Crew Exploration Vehicle will
allow for the escape of the crew in the event of an
emergency.
(c) Space Communications Study.--
(1) Study.--The Administrator shall develop a plan for
updating NASA's space communications architecture for both
low-Earth orbital operations and deep space exploration so
that it is capable of meeting NASA's needs over the next 20
years. The plan shall also include life-cycle cost estimates,
milestones, estimated performance capabilities, and 5-year
funding profiles. The plan shall also include an estimate of
the amounts of any reimbursements NASA is likely to receive
from other Federal agencies during the expected life of the
upgrades described in the plan. The plan shall include a
description of the following:
(A) Projected Deep Space Network requirements for the next
decade, including those in support of human space exploration
missions.
(B) Upgrades needed to support Deep Space Network
requirements.
(C) Cost estimates for the maintenance of existing Deep
Space Network capabilities.
(D) Cost estimates and schedules for the upgrades described
in subparagraph (B).
(2) Consultations.--The Administrator shall consult with
other relevant Federal agencies in developing the plan under
this subsection.
(3) Report.--The Administrator shall transmit the plan
under this subsection to the Committee on Science of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate not later than
February 17, 2007.
(d) Public Relations.--Not later than December 31, 2005,
the Administrator shall transmit a plan to the Committee on
Appropriations and the Committee on Science of the House of
Representatives, and to the Committee on Appropriations and
the Committee on Commerce, Science, and Transportation of the
Senate, describing the activities that will be undertaken as
part of the national awareness campaign required by the
report of the Committee on Appropriations of the House of
Representatives accompanying the Science, State, Justice,
Commerce, and Related Agencies Appropriations Act, 2006, and
the expected cost of those activities. NASA may undertake
activities as part of the national awareness campaign prior
to the transmittal of the plan required by this subsection,
but not until 15 days after notifying the Committee on
Science of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate of any
activity. The plan required by this subsection shall include
the estimated costs of any activities undertaken pursuant to
notice under the preceding sentence.
(e) Joint Dark Energy Mission.--The Administrator and the
Director of the Department of Energy Office of Science shall
jointly transmit to the Committee on Science of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate, not later than the date on
which the President submits the proposed budget for the
Federal Government for fiscal year 2007, a report on plans
for a Joint Dark Energy Mission. The report shall include the
amount of funds each agency intends to expend on the Joint
Dark Energy Mission for each of the fiscal years 2007 through
2011, and any specific milestones for the development and
launch of the Mission.
(f) Shuttle Employee Transition.--The Administrator shall
consult with other appropriate Federal agencies and with NASA
contractors and employees to develop a transition plan for
Federal and contractor personnel engaged in the Space Shuttle
program. The plan shall include actions to assist Federal and
contractor personnel to take advantage of training,
retraining, job placement, and relocation programs, and any
other actions that NASA will take to assist the employees.
The plan shall also describe how the Administrator will
ensure that NASA and its contractors will have an appropriate
complement of employees to allow for the safest possible use
of the Space Shuttle through its final flight. The
Administrator shall transmit the plan to the Committee on
Science of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate not later
than February 1, 2006.
(g) Office of Science and Technology Policy.--
(1) Study.--The Director of the Office of Science and
Technology Policy shall conduct a study to determine--

[[Page H10983]]

(A) if any research and development programs of NASA are
unnecessarily duplicating aspects of programs of other
Federal agencies; and
(B) if any research and development programs of NASA are
neglecting any topics of national interest that are related
to the mission of NASA.
(2) Report.--Not later than March 1, 2006, the Director of
the Office of Science and Technology Policy shall transmit to
the Committee on Science of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the
Senate a report that--
(A) describes the results of the study under paragraph (1);
(B) lists the research and development programs of Federal
agencies other than NASA that were reviewed as part of the
study, which shall include any program supporting research
and development in an area related to the programs of NASA,
and the most recent budget figures for those programs of
other agencies;
(C) recommends any changes to the research and development
programs of NASA that should be made to eliminate unnecessary
duplication or address topics of national interest; and
(D) describes mechanisms the Office of Science and
Technology Policy will use to ensure adequate coordination
between NASA and Federal agencies that operate related
programs.
(h) Office of Small and Disadvantaged Business
Utilization.--The Administrator shall transmit to the
Committee on Science and the Committee on Small Business of
the House of Representatives and the Committee on Commerce,
Science, and Transportation and the Committee on Small
Business and Entrepreneurship of the Senate a quarterly
report on the NASA Office of Small and Disadvantaged Business
Utilization, which shall include a description of the
outreach activities of the Office and the impact of such
activities on the participation of small businesses,
including small businesses owned by women and minorities, in
NASA contracts.

SEC. 103. BASELINES AND COST CONTROLS.

(a) Conditions for Development.--
(1) In general.--NASA shall not enter into a contract for
the development phase of a major program unless the
Administrator determines that--
(A) the technical, cost, and schedule risks of the program
are clearly identified and the program has developed a plan
to manage those risks; and
(B) the program complies with all relevant policies,
regulations, and directives of NASA.
(2) Report.--The Administrator shall transmit a report
describing the basis for the determination required under
paragraph (1) to the Committee on Science of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate at least 30 days before entering
into a contract for development under a major program.
(3) Nondelegation.--The Administrator may not delegate the
determination requirement under this subsection, except in
cases in which the Administrator has a conflict of interest.
(b) Major Program Annual Reports.--
(1) Requirement.--Not later than February 15 of each year
following the date of enactment of this Act, the
Administrator shall transmit to the Committee on Science of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report on each
major program for which NASA proposes to expend funds in the
subsequent fiscal year. Reports under this section shall be
known as Major Program Annual Reports.
(2) Baseline report.--The first Major Program Annual Report
for each major program shall include a Baseline Report that
shall, at a minimum, include--
(A) the purposes of the program and key technical
characteristics necessary to fulfill those purposes;
(B) an estimate of the life-cycle cost for the program,
with a detailed breakout of the development cost, program
reserves, and an estimate of the annual costs until the
development is completed;
(C) the schedule for the development, including key program
milestones;
(D) the plan for mitigating technical, schedule, and cost
risks prepared in accordance with subsection (a)(1)(A); and
(E) the name of the person responsible for making
notifications under subsection (c), who shall be an
individual whose primary responsibility is overseeing the
program.
(3) Information updates.--For major programs with respect
to which a Baseline Report has been previously submitted,
each subsequent Major Program Annual Report shall describe
any changes to the information that had been provided in the
Baseline Report, and the reasons for those changes.
(c) Notification.--
(1) Requirement.--The individual identified under
subsection (b)(2)(D) shall immediately notify the
Administrator any time that individual has reasonable cause
to believe that, for the major program for which he or she is
responsible--
(A) the development cost of the program is likely to exceed
the estimate provided in the Baseline Report of the program
by 15 percent or more; or
(B) a milestone of the program is likely to be delayed by 6
months or more from the date provided for it in the Baseline
Report of the program.
(2) Reasons.--Not later than 7 days after the notification
required under paragraph (1), the individual identified under
subsection (b)(2)(D) shall transmit to the Administrator a
written notification explaining the reasons for the change in
the cost or milestone of the program for which notification
was provided under paragraph (1).
(3) Notification of congress.--Not later than 5 days after
the Administrator receives a written notification under
paragraph (2), the Administrator shall transmit the
notification to the Committee on Science of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
(d) Fifteen Percent Threshold.--Not later than 30 days
after receiving a written notification under subsection
(c)(2), the Administrator shall determine whether the
development cost of the program is likely to exceed the
estimate provided in the Baseline Report of the program by 15
percent or more, or whether a milestone is likely to be
delayed by 6 months or more. If the determination is
affirmative, the Administrator shall--
(1) transmit to the Committee on Science of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate, not later than 14 days after
making the determination, a report that includes--
(A) a description of the increase in cost or delay in
schedule and a detailed explanation for the increase or
delay;
(B) a description of actions taken or proposed to be taken
in response to the cost increase or delay; and
(C) a description of any impacts the cost increase or
schedule delay will have on any other program within NASA;
and
(2) if the Administrator intends to continue with the
program, promptly initiate an analysis of the program, which
shall include, at a minimum--
(A) the projected cost and schedule for completing the
program if current requirements of the program are not
modified;
(B) the projected cost and the schedule for completing the
program after instituting the actions described under
paragraph (1)(B); and
(C) a description of, and the projected cost and schedule
for, a broad range of alternatives to the program.

NASA shall complete an analysis initiated under paragraph (2)
not later than 6 months after the Administrator makes a
determination under this subsection. The Administrator shall
transmit the analysis to the Committee on Science of the
House of Representatives and Committee on Commerce, Science,
and Transportation of the Senate not later than 30 days after
its completion.
(e) Thirty Percent Threshold.--If the Administrator
determines under subsection (d) that the development cost of
a program will exceed the estimate provided in the Baseline
Report of the program by more than the lower of 30 percent or
$1,000,000,000, then, beginning 18 months after the date the
Administrator transmits a report under subsection (d)(1), the
Administrator shall not expend any additional funds on the
program, other than termination costs, unless the Congress
has subsequently authorized continuation of the program by
law. An appropriation for the program enacted subsequent to a
report being transmitted shall be considered an authorization
for purposes of this subsection. If the program is continued,
the Administrator shall submit a new Baseline Report for the
program no later than 90 days after the date of enactment of
the Act under which Congress has authorized continuation of
the program.
(f) Definitions.--For the purposes of this section--
(1) the term ``development'' means the phase of a program
following the formulation phase and beginning with the
approval to proceed to implementation, as defined in NASA's
Procedural Requirements 7120.5c, dated March 22, 2005;
(2) the term ``development cost'' means the total of all
costs, including construction of facilities and civil servant
costs, from the period beginning with the approval to proceed
to implementation through the achievement of operational
readiness, without regard to funding source or management
control, for the life of the program;
(3) the term ``life-cycle cost'' means the total of the
direct, indirect, recurring, and nonrecurring costs,
including the construction of facilities and civil servant
costs, and other related expenses incurred or estimated to be
incurred in the design, development, verification,
production, operation, maintenance, support, and retirement
of a program over its planned lifespan, without regard to
funding source or management control; and
(4) the term ``major program'' means an activity approved
to proceed to implementation that has an estimated life-cycle
cost of more than $150,000,000.

SEC. 104. PRIZE AUTHORITY.

The National Aeronautics and Space Act of 1958 (42 U.S.C.
2451, et seq.) is amended by inserting after section 313 the
following new section:

``Prize authority

``Sec. 314. (a) In General.--The Administration may carry
out a program to competitively award cash prizes to stimulate
innovation in basic and applied research, technology
development, and prototype demonstration that have the
potential for application to the performance of the space and
aeronautical activities of the Administration. The
Administration may carry out a

[[Page H10984]]

program to award prizes only in conformity with this section.
``(b) Topics.--In selecting topics for prize competitions,
the Administrator shall consult widely both within and
outside the Federal Government, and may empanel advisory
committees.
``(c) Advertising.--The Administrator shall widely
advertise prize competitions to encourage participation.
``(d) Requirements and Registration.--For each prize
competition, the Administrator shall publish a notice in the
Federal Register announcing the subject of the competition,
the rules for being eligible to participate in the
competition, the amount of the prize, and the basis on which
a winner will be selected.
``(e) Eligibility.--To be eligible to win a prize under
this section, an individual or entity--
``(1) shall have registered to participate in the
competition pursuant to any rules promulgated by the
Administrator under subsection (d);
``(2) shall have complied with all the requirements under
this section;
``(3) in the case of a private entity, shall be
incorporated in and maintain a primary place of business in
the United States, and in the case of an individual, whether
participating singly or in a group, shall be a citizen or
permanent resident of the United States; and
``(4) shall not be a Federal entity or Federal employee
acting within the scope of their employment.
``(f) Liability.--(1) Registered participants must agree to
assume any and all risks and waive claims against the United
States Government and its related entities, except in the
case of willful misconduct, for any injury, death, damage, or
loss of property, revenue, or profits, whether direct,
indirect, or consequential, arising from their participation
in a competition, whether such injury, death, damage, or loss
arises through negligence or otherwise. For the purposes of
this paragraph, the term `related entity' means a contractor
or subcontractor at any tier, and a supplier, user, customer,
cooperating party, grantee, investigator, or detailee.
``(2) Participants must obtain liability insurance or
demonstrate financial responsibility in amounts determined by
the Administrator, from claims by--
``(A) a third party for death, bodily injury, or property
damage, or loss resulting from an activity carried out in
connection with participation in a competition, with the
Federal Government named as an additional insured under the
registered participant's insurance policy and registered
participants agreeing to indemnify the Federal Government
against third party claims for damages arising from or
related to competition activities; and
``(B) the United States Government for damage or loss to
Government property resulting from such an activity.
``(g) Judges.--For each competition, the Administration,
either directly or through a contract under subsection (h),
shall assemble a panel of qualified judges to select the
winner or winners of the prize competition on the basis
described pursuant to subsection (d). Judges for each
competition shall include individuals from outside the
Administration, including from the private sector. A judge
may not--
``(1) have personal or financial interests in, or be an
employee, officer, director, or agent of any entity that is a
registered participant in a competition; or
``(2) have a familial or financial relationship with an
individual who is a registered participant.
``(h) Administering the Competition.--The Administrator may
enter into an agreement with a private, nonprofit entity to
administer the prize competition, subject to the provisions
of this section.
``(i) Funding.--(1) The Administrator may accept funds from
other Federal agencies and from the private sector for cash
prizes under this section. The Administrator may not give any
special consideration to any private sector entity in return
for a donation.
``(2) Notwithstanding any other provision of law, funds
appropriated for prize awards under this section shall remain
available until expended, and may be transferred,
reprogrammed, or expended for other purposes only after the
expiration of 10 fiscal years after the fiscal year for which
the funds were originally appropriated. No provision in this
section permits obligation or payment of funds in violation
of the Anti-Deficiency Act (31 U.S.C. 1341).
``(3) No prize may be announced under subsection (d) until
all the funds needed to pay out the announced amount of the
prize have been appropriated or committed in writing by a
private source. The Administrator may increase the amount of
a prize after an initial announcement is made under
subsection (d) if--
(A) notice of the increase is provided in the same manner
as the initial notice of the prize; and
(B) the funds needed to pay out the announced amount of the
increase have been appropriated or committed in writing by a
private source.
``(4) No prize competition under this section may offer a
prize in an amount greater than $10,000,000 unless 30 days
have elapsed after written notice has been provided to the
Committee on Science of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate.
``(j) Use of NASA Name and Insignia.--A registered
participant in a competition under this section may use the
Administration's name, initials, or insignia only after prior
review and written approval by the Administration.
``(k) Compliance With Existing Law.--The Federal Government
shall not, by virtue of offering or providing a prize under
this section, be responsible for compliance by registered
participants in a prize competition with Federal law,
including licensing, export control, and nonproliferation
laws, and related regulations.''.

SEC. 105. FOREIGN LAUNCH VEHICLES.

(a) Accord With Space Transportation Policy.--NASA shall
not launch a mission on a foreign launch vehicle except in
accordance with the Space Transportation Policy announced by
the President on December 21, 2004.
(b) Interagency Coordination.--NASA shall not launch a
mission on a foreign launch vehicle unless NASA commenced the
interagency coordination required by the Space Transportation
Policy announced by the President on December 21, 2004, at
least 90 days before entering into a development contract for
the mission.
(c) Application.--This section shall not apply to any
mission for which development has begun prior to the date of
enactment of this Act, including the James Webb Space
Telescope.

SEC. 106. SAFETY MANAGEMENT.

Section 6 of the National Aeronautics and Space
Administration Authorization Act, 1968 (42 U.S.C. 2477) is
amended--
(1) by inserting ``(a) In General.--'' before ``There is
hereby'';
(2) by striking ``plans referred to it'' and inserting
``plans referred to it, including evaluating the National
Aeronautics and Space Administration's compliance with the
return-to-flight and continue-to-fly recommendations of the
Columbia Accident Investigation Board,'';
(3) by inserting ``and the Congress'' after ``advise the
Administrator'';
(4) by striking ``and with respect to the adequacy of
proposed or existing safety standards and shall'' and
inserting ``, with respect to the adequacy of proposed or
existing safety standards, and with respect to management and
culture. The Panel shall also''; and
(5) by adding at the end the following:
``(b) Annual Report.--The Panel shall submit an annual
report to the Administrator and to the Congress. In the first
annual report submitted after the date of enactment of the
National Aeronautics and Space Administration Authorization
Act of 2005, the Panel shall include an evaluation of the
Administration's safety management culture. Each annual
report shall include an evaluation of the Administration's
compliance with the recommendations of the Columbia Accident
Investigation Board.''.

SEC. 107. LESSONS LEARNED AND BEST PRACTICES.

(a) In General.--The Administrator shall transmit to the
Committee on Science of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate an implementation plan describing NASA's approach for
obtaining, implementing, and sharing lessons learned and best
practices for its major programs and projects not later than
180 days after the date of enactment of this Act. The
implementation plan shall be updated and maintained to ensure
that it is current and consistent with the burgeoning culture
of learning and safety that is emerging at NASA.
(b) Required Content.--The implementation plan shall
contain at a minimum the lessons learned and best practices
requirements for NASA, the organizations or positions
responsible for enforcement of the requirements, the
reporting structure, and the objective performance measures
indicating the effectiveness of the activity.
(c) Incentives.--The Administrator shall provide incentives
to encourage sharing and implementation of lessons learned
and best practices by employees, projects, and programs, as
well as penalties for programs and projects that are
determined not to have demonstrated use of those resources.

SEC. 108. COMMERCIALIZATION PLAN.

(a) In General.--The Administrator, in consultation with
other relevant agencies, shall develop a commercialization
plan to support the human missions to the Moon and Mars, to
support Low-Earth Orbit activities and Earth science missions
and applications, and to transfer science research and
technology to society. The plan shall identify opportunities
for the private sector to participate in the future missions
and activities, including opportunities for partnership
between NASA and the private sector in conducting research
and the development of technologies and services. The plan
shall include provisions for developing and funding sustained
university and industry partnerships to conduct commercial
research and technology development, to proactively translate
results of space research to Earth benefits, to advance
United States economic interests, and to support the vision
for exploration.
(b) Report.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall submit a copy
of the plan to the Committee on Science of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.

[[Page H10985]]

SEC. 109. STUDY ON THE FEASIBILITY OF USE OF GROUND SOURCE
HEAT PUMPS.

(a) In General.--The Administrator shall conduct a
feasibility study on the use of ground source heat pumps in
future NASA facilities or substantial renovation of existing
NASA facilities involving the installation of heating,
ventilating, and air conditioning systems. Not later than 1
year after the date of enactment of this Act, the
Administrator shall transmit the study to the Committee on
Science of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate.
(b) Contents.--The study shall examine--
(1) the life-cycle costs, including maintenance costs, of
the operation of such heat pumps compared to generally
available heating, cooling, and water heating equipment;
(2) barriers to installation, such as availability and
suitability of terrain; and
(3) such other issues as the Administrator considers
appropriate.
(c) Definition.--In this section, the term ``ground source
heat pump'' means an electric-powered system that uses the
Earth's relatively constant temperature to provide heating,
cooling, or hot water.

SEC. 110. SPACE SHUTTLE RETURN TO FLIGHT.

It is the sense of Congress that, in keeping with the
President's Vision for Space Exploration, the Space Shuttle
should return to flight as soon as the Administrator
determines that a flight can be accomplished with an
acceptable level of safety.

SEC. 111. WHISTLEBLOWER PROTECTION.

Not later than 1 year after the date of enactment of this
Act, the Administrator shall transmit to the Committee on
Science of the House of Representatives and the Committee on
Commerce, Science and Transportation of the Senate a plan
describing steps to be taken by NASA to protect the
employment status of NASA employees who raise or have raised
concerns about a potentially catastrophic risk to health or
safety.

TITLE II--AUTHORIZATION OF APPROPRIATIONS

SEC. 201. STRUCTURE OF BUDGETARY ACCOUNTS.

Section 313 of the National Aeronautics and Space Act of
1958 (42 U.S.C. 2459f) is amended to read as follows:

``SEC. 313. BUDGETARY ACCOUNTS.

``Appropriations for the Administration for fiscal year
2007 and thereafter shall be made in four accounts, `Science,
Aeronautics, and Education', `Exploration Systems', `Space
Operations', and an account for amounts appropriated for the
necessary expenses of the Office of the Inspector General.
Appropriations shall remain available for two fiscal years,
unless otherwise specified in law. Each account shall include
the planned full costs of Administration activities.''.

SEC. 202. FISCAL YEAR 2006.

There are authorized to be appropriated to NASA for fiscal
year 2006 $16,965,650,000, as follows:
(1) For Science, Aeronautics and Education (including
amounts for construction of facilities), $6,870,250,000 of
which--
(A) $962,000,000 shall be for Aeronautics;
(B) $150,000,000 shall be for a Hubble Space Telescope
servicing mission;
(C) $24,000,000 shall be for the National Space Grant
College and Fellowship Program; and
(D) $8,900,000 for the Science and Technology Scholarship
Program.
(2) For Exploration Systems (including amounts for
construction of facilities), $3,844,100,000.
(3) For Space Operations (including amounts for
construction of facilities), $6,218,900,000.
(4) For the Office of Inspector General, $32,400,000.

SEC. 203. FISCAL YEAR 2007.

There are authorized to be appropriated to NASA for fiscal
year 2007 $17,726,800,000, as follows:
(1) For Science, Aeronautics and Education (including
amounts for construction of facilities), $7,331,600,000 of
which--
(A) $990,000,000 shall be for Aeronautics; and
(B) $24,000,000 shall be for the National Space Grant
College and Fellowship Program.
(2) For Exploration Systems (including amounts for
construction of facilities), $4,514,000,000.
(3) For Space Operations (including amounts for
construction of facilities), $5,847,700,000.
(4) For the Office of Inspector General, $33,500,000.

SEC. 204. ISS RESEARCH.

The Administrator shall allocate at least 15 percent of the
funds budgeted for ISS research to research that is not
directly related to supporting the human exploration program.

SEC. 205. TEST FACILITIES.

(a) Charges.--The Administrator shall establish a policy of
charging users of NASA's test facilities for the costs
associated with their tests at a level that is competitive
with alternative test facilities. As a general principle,
NASA shall not seek to recover the full costs of the
operation of those facilities from the users. The
Administrator shall not implement a policy of seeking full
cost recovery for a facility until at least 30 days after
transmitting a notice to the Committee on Science of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate.
(b) Funding Account.--The Administrator shall establish a
funding account that shall be used for all test facilities.
The account shall be sufficient to maintain the viability of
test facilities during periods of low utilization.

SEC. 206. PROPORTIONALITY.

If the total amount appropriated for NASA pursuant to
section 202 or 203 is less than the amount authorized under
such section, the amounts authorized under each of the
accounts specified in such section shall be reduced
proportionately.

SEC. 207. LIMITATIONS ON AUTHORITY.

Notwithstanding any other provision of this Act, no amount
appropriated pursuant to this Act may be used for any program
in excess of the amount actually authorized for the
particular program by section 202 or 203, unless a period of
30 days has passed after the receipt, by the Committee on
Science of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate, of
notice given by the Administrator containing a full and
complete statement of the action proposed to be taken and the
facts and circumstances relied upon in support of such a
proposed action. NASA shall keep the Committee on Science of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate fully and currently
informed with respect to all activities and responsibilities
within the jurisdiction of those Committees.

SEC. 208. 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 Committee on Science of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.

SEC. 209. COST OVERRUNS.

When reprogramming funds to cover unexpected cost growth
within a program, the Administrator shall, to the maximum
extent practicable, protect funds intended for fundamental
and applied Research and Analysis.

SEC. 210. OFFICIAL REPRESENTATIONAL FUND.

Amounts appropriated pursuant to this Act may be used, but
not to exceed a total of $35,000 in any fiscal year, for
official reception and representation expenses.

SEC. 211. INTERNATIONAL SPACE STATION COST CAP.

Section 202 of the National Aeronautics and Space
Administration Authorization Act of 2000 (42 U.S.C. 2451
note) is repealed.

TITLE III--SCIENCE

Subtitle A--General Provisions

SEC. 301. PERFORMANCE ASSESSMENTS.

(a) In General.--Performance of each discipline in the
Science account of NASA shall be reviewed and assessed by the
National Academy of Sciences at 5-year intervals.
(b) Timing.--Beginning with the first fiscal year following
the date of enactment of this Act, the Administrator shall
select at least one discipline for review under this section.
The Administrator shall select disciplines so that all
disciplines will have received their first review within six
fiscal years of the date of enactment of this Act.
(c) Reports.--Not later than March 1 of each year,
beginning with the first fiscal year after the date of
enactment of this Act, the Administrator shall transmit a
report to the Committee on Science of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate--
(1) setting forth in detail the results of any external
review under subsection (a);
(2) setting forth in detail actions taken by NASA in
response to any external review; and
(3) including a summary of findings and recommendations
from any other relevant external reviews of NASA's science
mission priorities and programs.

SEC. 302. STATUS REPORT ON HUBBLE SPACE TELESCOPE SERVICING
MISSION.

It is the sense of the Congress that the Hubble Space
Telescope is an extraordinary instrument that has provided,
and should continue to provide, answers to profound
scientific questions. In accordance with the recommendations
of the National Academy of Sciences study titled ``Assessment
of Options for Extending the Life of the Hubble Space
Telescope'', all appropriate efforts should be expended to
complete the Space Shuttle servicing mission. Upon successful
completion of the planned return-to-flight schedule of the
Space Shuttle, the Administrator shall determine the schedule
for a Space Shuttle servicing mission to the Hubble Space
Telescope, unless such a mission would compromise astronaut
safety. Not later than 60 days after the landing of the
second Space Shuttle mission for return-to-flight
certification, the Administrator shall transmit to the
Committee on Science of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a status report on plans for a Hubble Space Telescope
servicing mission.

SEC. 303. INDEPENDENT ASSESSMENT OF LANDSAT-NPOESS INTEGRATED
MISSION.

(a) Assessment.--In view of the importance of ensuring
continuity of Landsat data and in view of the challenges
facing the National Polar-Orbiting Environmental Satellite
System program, the Administrator shall seek an independent
assessment of the

[[Page H10986]]

costs as well as the technical, cost, and schedule risks
associated with incorporating the Landsat instrument on the
first National Polar-Orbiting Environmental Satellite System
spacecraft versus undertaking a dedicated Landsat data ``gap-
filler'' mission followed by the incorporation of the Landsat
instrument on the second National Polar-Orbiting
Environmental Satellite System spacecraft. The assessment
shall also include an evaluation of the budgetary
requirements of each of the options under consideration.
(b) Report.--The Administrator shall transmit the
independent assessment to the Committee on Science of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate not later than 180
days after the date of enactment of this Act.

SEC. 304. ASSESSMENT OF SCIENCE MISSION EXTENSIONS.

(a) Assessment.--The Administrator shall carry out annual
termination reviews within each of the Science disciplines to
assess the cost and benefits of extending the date of the
termination of data collection for those missions which are
beyond their primary goals. In addition:
(1) Not later than 60 days after the date of enactment of
this Act, the Administrator shall carry out such an
assessment for the following missions: FAST, TIMED, Cluster,
Wind, Geotail, Polar, TRACE, Ulysses, and Voyager.
(2) For those missions that have an operational component,
the National Oceanic and Atmospheric Administration shall be
consulted and the potential benefits of instruments on
missions which are beyond their primary goals taken into
account.
(b) Report.--Not later than 30 days after completing the
assessments required by subsection (a)(1), the Administrator
shall transmit a report on the assessment to the Committee on
Science of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate.

SEC. 305. MICROGRAVITY RESEARCH.

(a) In General.--The Administrator shall--
(1) not later than 60 days after the date of enactment of
this Act, provide to the Committee on Science of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate an assessment of microgravity
research planned for implementation aboard the ISS that
includes the identification of research which can be
performed in ground-based facilities and then validated in
space;
(2) ensure the capacity to support ground-based research
leading to space-based basic and applied scientific research
in a variety of disciplines with potential direct national
benefits and applications that can advance significantly from
the uniqueness of microgravity and the space environment; and
(3) carry out, to the maximum extent practicable basic,
applied, and commercial ISS research activities such 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.
(b) On-Orbit Capabilities.--The Administrator shall ensure
that the on-orbit analytical capabilities of the ISS are
sufficient to support any diagnostic human research and on-
orbit characterization of molecular crystal growth, cellular
research, and other research that NASA believes is necessary
to conduct, but for which NASA lacks the capacity to return
the materials that need to be analyzed to Earth.
(c) Assessment of Potential Scientific Uses.--The
Administrator shall assess further potential scientific uses
of the ISS for other applications, such as technology
development, development of manufacturing processes, Earth
observation and characterization, and astronomical
observations.

SEC. 306. COORDINATION WITH THE NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION.

(a) Joint Working Group.--The Administrator and the
Administrator of the National Oceanic and Atmospheric
Administration shall appoint a Joint Working Group, which
shall review and monitor missions of the two agencies to
ensure maximum coordination in the design, operation, and
transition of missions. The Joint Working Group shall also
prepare the transition plans required by subsection (c).
(b) Coordination Report.--Not later than February 15 of
each year, the Administrator and the Administrator of the
National Oceanic and Atmospheric Administration shall jointly
transmit a report to the Committee on Science of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate on how the earth science
programs of the National Oceanic and Atmospheric
Administration and NASA will be coordinated during the fiscal
year following the fiscal year in which the report is
transmitted.
(c) Coordination of Transition Planning and Reporting.--The
Administrator, in conjunction with the Administrator of the
National Oceanic and Atmospheric Administration, shall
evaluate all NASA missions for their potential operational
capabilities and shall prepare transition plans for all
existing and future Earth observing systems found to have
potential operational capabilities and all National Oceanic
and Atmospheric Administration operational space-based
systems.
(d) Limitation.--The Administrator shall not transfer any
NASA earth science mission or Earth observing system to the
National Oceanic and Atmospheric Administration until the
transition plan required under subsection (c) has been
approved by the Administrator and the Administrator of the
National Oceanic and Atmospheric Administration and until
financial resources have been identified to support the
transition or transfer in the President's budget request for
the National Oceanic and Atmospheric Administration.

Subtitle B--Remote Sensing

SEC. 311. DEFINITIONS.

In this subtitle--
(1) the term ``geospatial information'' means knowledge of
the nature and distribution of physical and cultural features
on the landscape based on analysis of data from airborne or
spaceborne platforms or other types and sources of data;
(2) the term ``high resolution'' means resolution better
than five meters; and
(3) the term ``institution of higher education'' has the
meaning given that term in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a)).

SEC. 312. PILOT PROJECTS TO ENCOURAGE PUBLIC SECTOR
APPLICATIONS.

(a) In General.--The Administrator shall establish a
program of grants for competitively awarded pilot projects to
explore the integrated use of sources of remote sensing and
other geospatial information to address State, local,
regional, and tribal agency needs.
(b) Preferred Projects.--In awarding grants under this
section, the Administrator shall give preference to projects
that--
(1) make use of commercial data sets, including high
resolution commercial satellite imagery and derived satellite
data products, existing public data sets where commercial
data sets are not available or applicable, or the fusion of
such data sets;
(2) integrate multiple sources of geospatial information,
such as geographic information system data, satellite-
provided positioning data, and remotely sensed data, in
innovative ways;
(3) include funds or in-kind contributions from non-Federal
sources;
(4) involve the participation of commercial entities that
process raw or lightly processed data, often merging that
data with other geospatial information, to create data
products that have significant value added to the original
data; and
(5) taken together demonstrate as diverse a set of public
sector applications as possible.
(c) Opportunities.--In carrying out this section, the
Administrator shall seek opportunities to assist--
(1) in the development of commercial applications
potentially available from the remote sensing industry; and
(2) State, local, regional, and tribal agencies in applying
remote sensing and other geospatial information technologies
for growth management.
(d) Duration.--Assistance for a pilot project under
subsection (a) shall be provided for a period not to exceed 3
years.
(e) Report.--Each recipient of a grant under subsection (a)
shall transmit a report to the Administrator on the results
of the pilot project within 180 days of the completion of
that project.
(f) Workshop.--Each recipient of a grant under subsection
(a) shall, not later than 180 days after the completion of
the pilot project, conduct at least one workshop for
potential users to disseminate the lessons learned from the
pilot project as widely as feasible.
(g) Regulations.--The Administrator shall issue regulations
establishing application, selection, and implementation
procedures for pilot projects, and guidelines for reports and
workshops required by this section.

SEC. 313. PROGRAM EVALUATION.

(a) Advisory Committee.--The Administrator shall establish
an advisory committee, consisting of individuals with
appropriate expertise in State, local, regional, and tribal
agencies, the university research community, and the remote
sensing and other geospatial information industry, to monitor
the program established under section 312. The advisory
committee shall consult with the Federal Geographic Data
Committee and other appropriate industry representatives and
organizations. Notwithstanding section 14 of the Federal
Advisory Committee Act, the advisory committee established
under this subsection shall remain in effect until the
termination of the program under section 312.
(b) Effectiveness Evaluation.--Not later than December 31,
2009, the Administrator shall transmit to the Congress an
evaluation of the effectiveness of the program established
under section 312 in exploring and promoting the integrated
use of sources of remote sensing and other geospatial
information to address State, local, regional, and tribal
agency needs. Such evaluation shall have been conducted by an
independent entity.

SEC. 314. DATA AVAILABILITY.

The Administrator shall ensure that the results of each of
the pilot projects completed under section 312 shall be
retrievable through an electronic, Internet-accessible
database.

SEC. 315. EDUCATION.

The Administrator shall establish an educational outreach
program to increase awareness at institutions of higher
education and State, local, regional, and tribal

[[Page H10987]]

agencies of the potential applications of remote sensing and
other geospatial information.

Subtitle C--George E. Brown, Jr. Near-Earth Object Survey

SEC. 321. GEORGE E. BROWN, JR. NEAR-EARTH OBJECT SURVEY.

(a) Short Title.--This section may be cited as the ``George
E. Brown, Jr. Near-Earth Object Survey Act''.
(b) Findings.--The Congress makes the following findings:
(1) Near-Earth objects pose a serious and credible threat
to humankind, as many scientists believe that a major
asteroid or comet was responsible for the mass extinction of
the majority of the Earth's species, including the dinosaurs,
nearly 65,000,000 years ago.
(2) Similar objects have struck the Earth or passed through
the Earth's atmosphere several times in the Earth's history
and pose a similar threat in the future.
(3) Several such near-Earth objects have only been
discovered within days of the objects' closest approach to
Earth, and recent discoveries of such large objects indicate
that many large near-Earth objects remain undiscovered.
(4) The efforts taken to date by NASA for detecting and
characterizing the hazards of near-Earth objects are not
sufficient to fully determine the threat posed by such
objects to cause widespread destruction and loss of life.
(c) Definitions.--For purposes of this section the term
``near-Earth object'' means an asteroid or comet with a
perihelion distance of less that 1.3 Astronomical Units from
the Sun.
(d) Near-Earth Object Survey.--
(1) Survey program.--The Administrator shall plan, develop,
and implement a Near-Earth Object Survey program to detect,
track, catalogue, and characterize the physical
characteristics of near-Earth objects equal to or greater
than 100 meters in diameter in order to assess the threat of
such near-Earth objects to the Earth. It shall be the goal of
the Survey program to achieve 90 percent completion of its
near-Earth object catalogue (based on statistically predicted
populations of near-Earth objects) within 15 years after the
date of enactment of this Act.
(2) Amendments.--Section 102 of the National Aeronautics
and Space Act of 1958 (42 U.S.C. 2451) is amended--
(A) by redesignating subsection (g) as subsection (h);
(B) by inserting after subsection (f) the following new
subsection:
``(g) The Congress declares that the general welfare and
security of the United States require that the unique
competence of the National Aeronautics and Space
Administration be directed to detecting, tracking,
cataloguing, and characterizing near-Earth asteroids and
comets in order to provide warning and mitigation of the
potential hazard of such near-Earth objects to the Earth.'';
and
(C) in subsection (h), as so redesignated by subparagraph
(A) of this paragraph, by striking ``and (f)'' and inserting
``(f), and (g)''.
(3) Annual report.--The Administrator shall transmit to the
Congress, not later than February 28 of each of the next 5
years beginning after the date of enactment of this Act, a
report that provides the following:
(A) A summary of all activities taken pursuant to paragraph
(1) for the previous fiscal year.
(B) A summary of expenditures for all activities pursuant
to paragraph (1) for the previous fiscal year.
(4) Initial report.--The Administrator shall transmit to
Congress not later than 1 year after the date of enactment of
this Act an initial report that provides the following:
(A) An analysis of possible alternatives that NASA may
employ to carry out the Survey program, including ground-
based and space-based alternatives with technical
descriptions.
(B) A recommended option and proposed budget to carry out
the Survey program pursuant to the recommended option.
(C) An analysis of possible alternatives that NASA could
employ to divert an object on a likely collision course with
Earth.

TITLE IV--AERONAUTICS

SEC. 401. DEFINITION.

For purposes of this title, the term ``institution of
higher education'' has the meaning given that term by section
101 of the Higher Education Act of 1965 (20 U.S.C. 1001).

Subtitle A--National Policy for Aeronautics Research and Development

SEC. 411. POLICY.

It shall be the policy of the United States to reaffirm the
National Aeronautics and Space Act of 1958 and its
identification of aeronautical research and development as a
core mission of NASA. Further, it shall be the policy of the
United States to promote aeronautical research and
development that will expand the capacity, ensure the safety,
and increase the efficiency of the Nation's air
transportation system, promote the security of the Nation,
protect the environment, and retain the leadership of the
United States in global aviation.

Subtitle B--NASA Aeronautics Breakthrough Research Initiatives

SEC. 421. ENVIRONMENTAL AIRCRAFT RESEARCH AND DEVELOPMENT
INITIATIVE.

(a) Objective.--The Administrator may establish an
initiative with the objective of developing, and
demonstrating in a relevant environment, within 10 years
after the date of enactment of this Act, technologies to
enable the following commercial aircraft performance
characteristics:
(1) Noise.--Noise levels on takeoff and on airport approach
and landing that do not exceed ambient noise levels in the
absence of flight operations in the vicinity of airports from
which such commercial aircraft would normally operate.
(2) Energy consumption.--Twenty-five percent reduction in
the energy required for medium to long range flights,
compared to aircraft in commercial service as of the date of
enactment of this Act. This reduction may be achieved by a
combination of improvements to--
(A) specific fuel consumption;
(B) lift-to-drag ratio; and
(C) structural weight fraction.
(3) Emissions.--Nitrogen oxides on take-off and landing
that are reduced by 50 percent relative to aircraft in
commercial service as of the date of enactment of this Act.
(b) Study.--
(1) Requirement.--The Administrator shall enter into an
arrangement for the National Research Council to conduct a
study to identify and quantify new markets that would be
created, as well as existing markets that would be expanded,
by the incorporation of the technologies developed pursuant
to this section into future commercial aircraft. The study
shall identify whether any of the performance characteristics
specified in subsection (a) would need to be made more
stringent in order to create new markets or expand existing
markets. The National Research Council shall seek input from
at least the aircraft manufacturing industry, academia, and
the airlines in carrying out the study.
(2) Report.--A report containing the results of the study
conducted under paragraph (1) shall be provided to Congress
not later than 18 months after the date of enactment of this
Act.

SEC. 422. CIVIL SUPERSONIC TRANSPORT RESEARCH AND DEVELOPMENT
INITIATIVE.

The Administrator may establish an initiative with the
objective of developing, and demonstrating in a relevant
environment, within 20 years after the date of enactment of
this Act, technologies to enable overland flight of
supersonic civil transport aircraft with at least the
following performance characteristics:
(1) Mach number of at least 1.4.
(2) Range of at least 4,000 nautical miles.
(3) Payload of at least 24 passengers.
(4) Noise levels on takeoff and on airport approach and
landing that meet community noise standards in place at
airports from which such commercial supersonic aircraft would
normally operate at the time the aircraft would enter
commercial service.
(5) Shaped sonic boom signatures sufficiently low to permit
overland flight over populated areas.
(6) Nitrogen oxide, carbon dioxide, and water vapor
emissions consistent with regulations likely to be in effect
at the time of this aircraft's introduction.

SEC. 423. ROTORCRAFT AND OTHER RUNWAY-INDEPENDENT AIR
VEHICLES RESEARCH AND DEVELOPMENT INITIATIVE.

The Administrator may establish a rotorcraft and other
runway-independent air vehicles initiative with the objective
of developing and demonstrating in a relevant environment,
within 10 years after the date of enactment of this Act,
technologies to enable significantly safer, quieter, and more
environmentally compatible operation from a wider range of
airports under a wider range of weather conditions than is
the case for rotorcraft and other runway-independent air
vehicles in service as of the date of enactment of this Act.

Subtitle C--Other NASA Aeronautics Research and Development Activities

SEC. 431. FUNDAMENTAL RESEARCH AND TECHNOLOGY BASE PROGRAM.

(a) Objective.--In order to ensure that the Nation
maintains needed capabilities in fundamental areas of
aeronautical research, the Administrator shall establish a
program of long-term fundamental research in aeronautical
sciences and technologies that is not tied to specific
development projects.
(b) Assessment.--The Administrator shall enter into an
arrangement with the National Research Council for an
assessment of the Nation's future requirements for
fundamental aeronautics research and whether the Nation will
have a skilled research workforce and research facilities
commensurate with those requirements. The assessment shall
include an identification of any projected gaps, and
recommendations for what steps should be taken by the Federal
Government to eliminate those gaps.
(c) Report.--The Administrator shall transmit the
assessment, along with NASA's response to the assessment, to
Congress not later than 2 years after the date of enactment
of this Act.

SEC. 432. AIRSPACE SYSTEMS RESEARCH.

(a) Objective.--The Airspace Systems Research program shall
pursue research and development to enable revolutionary
improvements to and modernization of the National Airspace
System, as well as to enable the introduction of new systems
for vehicles that can take advantage of an improved, modern
air transportation system.
(b) Alignment.--Not later than 2 years after the date of
enactment of this Act, the Administrator shall align the
projects of the

[[Page H10988]]

Airspace Systems Research program so that they directly
support the objectives of the Joint Planning and Development
Office's Next Generation Air Transportation System Integrated
Plan.

SEC. 433. AVIATION SAFETY AND SECURITY RESEARCH.

(a) Objective.--The Aviation Safety and Security Research
program shall pursue research and development activities that
directly address the safety and security needs of the
National Airspace System and the aircraft that fly in it. The
program shall develop prevention, intervention, and
mitigation technologies aimed at causal, contributory, or
circumstantial factors of aviation accidents.
(b) Plan.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall transmit to
Congress a 5-year prioritized plan for the research to be
conducted within the Aviation Safety and Security Research
program. The plan shall be aligned with the objectives of the
Joint Planning and Development Office's Next Generation Air
Transportation System Integrated Plan.

SEC. 434. ZERO-EMISSIONS AIRCRAFT RESEARCH.

(a) Objective.--The Administrator may establish a zero-
emissions aircraft research program whose objective shall be
to develop and test concepts to enable a hydrogen fuel cell-
powered aircraft that would have no hydrocarbon or nitrogen
oxide emissions into the environment.
(b) Approach.--The Administrator may establish a program of
competitively awarded grants available to teams of
researchers that may include the participation of individuals
from universities, industry, and government for the conduct
of this research.

SEC. 435. MARS AIRCRAFT RESEARCH.

(a) Objective.--The Administrator may establish a Mars
Aircraft project whose objective shall be to develop and test
concepts for an uncrewed aircraft that could operate for
sustained periods in the atmosphere of Mars.
(b) Approach.--The Administrator may establish a program of
competitively awarded grants available to teams of
researchers that may include the participation of individuals
from universities, industry, and government for the conduct
of this research.

SEC. 436. HYPERSONICS RESEARCH.

The Administrator may establish a hypersonics research
program whose objective shall be to explore the science and
technology of hypersonic flight using air-breathing
propulsion concepts, through a mix of theoretical work, basic
and applied research, and development of flight research
demonstration vehicles.

SEC. 437. NASA AERONAUTICS SCHOLARSHIPS.

(a) Establishment.--The Administrator shall establish a
program of scholarships for full-time graduate students who
are United States citizens and are enrolled in, or have been
accepted by and have indicated their intention to enroll in,
accredited Masters degree programs in aeronautical
engineering at institutions of higher education. Each such
scholarship shall cover the costs of room, board, tuition,
and fees, and may be provided for a maximum of 2 years.
(b) Implementation.--Not later than 180 days after the date
of enactment of this Act, the Administrator shall publish
regulations governing the scholarship program under this
section.
(c) Cooperative Training Opportunities.--Students who have
been awarded a scholarship under this section shall have the
opportunity for paid employment at one of the NASA Centers
engaged in aeronautics research and development during the
summer prior to the first year of the student's Masters
program, and between the first and second year, if
applicable.

SEC. 438. AVIATION WEATHER RESEARCH.

The Administrator may carry out a program of collaborative
research with the National Oceanic and Atmospheric
Administration on convective weather events, with the goal of
significantly improving the reliability of 2-hour to 6-hour
aviation weather forecasts.

SEC. 439. ASSESSMENT OF WAKE TURBULENCE RESEARCH AND
DEVELOPMENT PROGRAM.

(a) Assessment.--The Administrator may enter into an
arrangement with the National Research Council for an
assessment of Federal wake turbulence research and
development programs. The assessment shall address at least
the following questions:
(1) Are the Federal research and development goals and
objectives well defined?
(2) Are there any deficiencies in the Federal research and
development goals and objectives?
(3) What roles should be played by each of the relevant
Federal agencies, such as NASA, the Federal Aviation
Administration, and the National Oceanic and Atmospheric
Administration, in wake turbulence research and development?
(b) Report.--A report containing the results of the
assessment conducted pursuant to subsection (a) shall be
provided to Congress not later than 1 year after the date of
enactment of this Act.

SEC. 440. UNIVERSITY-BASED CENTERS.

(a) In General.--The Administrator may award grants to
institutions of higher education (or consortia thereof) to
establish one or more centers for the purpose described in
subsection (b).
(b) Purpose.--The purpose of the centers is to conduct
basic and applied research on the impact of new technologies
and procedures, particularly those related to aeronautical
navigation and control.
(c) Application.--An institution of higher education (or a
consortium of such institutions) seeking funding under this
section shall submit an application to the Administrator at
such time, in such manner, and containing such information as
the Administrator may require, including, at a minimum, a 5-
year research plan.
(d) Award Duration.--An award made by the Administrator
under this section shall be for a period of 5 years and may
be renewed on the basis of--
(1) satisfactory performance in meeting the goals of the
research plan proposed by the Center in its application under
subsection (c); and
(2) other requirements as specified by the Administrator.

TITLE V--HUMAN SPACE FLIGHT

SEC. 501. INTERNATIONAL SPACE STATION COMPLETION.

(a) Elements, Capabilities, and Configuration Criteria.--
The Administrator shall ensure that the ISS will be able to--
(1) be used for a diverse range of microgravity research,
including fundamental, applied, and commercial research;
(2) have an ability to support crew size of at least 6
persons, unless the Administrator transmits a report to the
Committee on Science of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate prior to awarding a development contract for the Crew
Exploration Vehicle, explaining why such a requirement should
not be met and the impact of not meeting the requirement on
the ISS research agenda and operations;
(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
period during which the Space Shuttle or its follow-on crew
and cargo systems is unavailable, and require sufficient
surge delivery capability or prepositioning of spares and
other supplies needed to accommodate any such hiatus.
(c) Certification.--Not later than 60 days after the date
of enactment of this Act, and before making any change in the
ISS assembly sequence in effect on the date of enactment of
this Act, the Administrator shall certify in writing to the
Committee on Science of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate NASA's plan to meet the requirements of subsections
(a) and (b).
(d) Centrifuge.--Nothing in this Act shall be construed to
prohibit the installation of the centrifuge on the ISS.

SEC. 502. HUMAN EXPLORATION PRIORITIES.

(a) In General.--The Administrator shall--
(1) construct an architecture and implementation plan for
NASA's human exploration program that is not critically
dependent on the achievement of milestones by fixed dates;
and
(2) determine the relative priority of each of the
potential elements of NASA's implementation plan for its
human exploration program in case funding shortfalls or cost
growth necessitate the adjustment of NASA's implementation
plan.
(b) Priorities.--Development of a Crew Exploration Vehicle
with a robust crew escape system, development of a launch
system for the Crew Exploration Vehicle, and definition of an
overall architecture and prioritized implementation plan
shall be the highest priorities of the human exploration
program over the period governed by this Act.

SEC. 503. GAO ASSESSMENT.

Not later than 9 months after the date of enactment of this
Act, the Comptroller General shall transmit to the Committee
on Science of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate an
assessment of the milestones and estimated costs of the plans
submitted under section 102(a)(7).

TITLE VI--OTHER PROGRAM AREAS

Subtitle A--Space and Flight Support

SEC. 601. ORBITAL DEBRIS.

SEC. 602. SECONDARY PAYLOAD CAPABILITY.

The Administrator is encouraged to provide the
capabilities to support secondary payloads on United States
launch vehicles, including freeflyers, for satellites or
scientific payloads.

Subtitle B--Education

SEC. 611. INSTITUTIONS IN NASA'S MINORITY INSTITUTIONS
PROGRAM.

The matter appearing under the heading ``National
Aeronautics and Space Administration, small and disadvantaged
business'' in title III of the Departments of Veterans
Affairs and Housing and Urban Development, and Independent
Agencies Appropriations Act, 1990 (42 U.S.C. 2473b; 103 Stat.
863) is amended by striking ``Historically Black Colleges and
Universities and'' and inserting ``Historically Black
Colleges and Universities that are part B institutions (as
defined in section 322(2) of the Higher Education Act of 1965
(20 U.S.C. 1061(2))), Hispanic-serving institutions (as
defined in section 502(a)(5) of that Act (20 U.S.C.

[[Page H10989]]

1101a(a)(5))), Tribal Colleges or Universities (as defined in
section 316(b)(3) of that Act (20 U.S.C. 1059c(b)(3))),
Alaskan Native-serving institutions (as defined in section
317(b)(2) of that Act (20 U.S.C. 1059d)(b)(2))), Native
Hawaiian-serving institutions (as defined in section
317(b)(4) of that Act (20 U.S.C. 1059d(b)(4))), and''.

SEC. 612. PROGRAM TO EXPAND DISTANCE LEARNING IN RURAL
UNDERSERVED AREAS.

(a) In General.--The Administrator shall develop or expand
programs to extend science and space educational outreach to
rural communities and schools through video conferencing,
interpretive exhibits, teacher education, classroom
presentations, and student field trips.
(b) Priorities.--In carrying out subsection (a), the
Administrator shall give priority to existing programs--
(1) that utilize community-based partnerships in the field;
(2) that build and maintain video conference and exhibit
capacity;
(3) that travel directly to rural communities and serve
low-income populations; and
(4) with a special emphasis on increasing the number of
women and minorities in the science and engineering
professions.

SEC. 613. CHARLES ``PETE'' CONRAD ASTRONOMY AWARDS.

(a) Short Title.--This section may be cited as the
``Charles `Pete' Conrad Astronomy Awards Act''.
(b) Definitions.--For the purposes of this section--
(1) the term ``amateur astronomer'' means an individual
whose employer does not provide any funding, payment, or
compensation to the individual for the observation of
asteroids and other celestial bodies, and does not include
any individual employed as a professional astronomer;
(2) the term ``Minor Planet Center'' means the Minor Planet
Center of the Smithsonian Astrophysical Observatory;
(3) the term ``near-Earth asteroid'' means an asteroid with
a perihelion distance of less than 1.3 Astronomical Units
from the Sun; and
(4) the term ``Program'' means the Charles ``Pete'' Conrad
Astronomy Awards Program established under subsection (c).
(c) Pete Conrad Astronomy Award Program.--
(1) In general.--The Administrator shall establish the
Charles ``Pete'' Conrad Astronomy Awards Program.
(2) Awards.--The Administrator shall make awards under the
Program based on the recommendations of the Minor Planet
Center.
(3) Award categories.--The Administrator shall make one
annual award, unless there are no eligible discoveries or
contributions, for each of the following categories:
(A) The amateur astronomer or group of amateur astronomers
who in the preceding calendar year discovered the
intrinsically brightest near-Earth asteroid among the near-
Earth asteroids that were discovered during that year by
amateur astronomers or groups of amateur astronomers.
(B) The amateur astronomer or group of amateur astronomers
who made the greatest contribution to the Minor Planet
Center's mission of cataloguing near-Earth asteroids during
the preceding year.
(4) Award amount.--An award under the Program shall be in
the amount of $3,000.
(5) Guidelines.--(A) No individual who is not a citizen or
permanent resident of the United States at the time of his
discovery or contribution may receive an award under this
section.
(B) The decisions of the Administrator in making awards
under this section are final.

SEC. 614. REVIEW OF EDUCATION PROGRAMS.

(a) In General.--The Administrator shall enter into an
arrangement with the National Research Council of the
National Academy of Sciences to conduct a review and
evaluation of NASA's science, technology, engineering, and
mathematics education program. The review and evaluation
shall be documented in a report to the Administrator and
shall include such recommendations as the National Research
Council determines will improve the effectiveness of the
program.
(b) Review.--The review and evaluation under subsection (a)
shall include--
(1) an evaluation of the effectiveness of the overall
program in meeting its defined goals and objectives;
(2) an assessment of the quality and educational
effectiveness of the major components of the program,
including an evaluation of the adequacy of assessment metrics
and data collection requirements available for determining
the effectiveness of individual projects;
(3) an evaluation of the funding priorities in the program,
including a review of the funding level and funding trend for
each major component of the program and an assessment of
whether the resources made available are consistent with
meeting identified goals and priorities; and
(4) a determination of the extent and the effectiveness of
coordination and collaboration between NASA and other Federal
agencies that sponsor science, technology, engineering, and
mathematics education activities.
(c) Report to Congress.--Not later than 18 months after the
date of enactment of this Act, the Administrator shall
transmit to the Committee on Science of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate the report required under
subsection (a).

SEC. 615. EQUAL ACCESS TO NASA'S EDUCATION PROGRAMS.

The Administrator shall strive to ensure equal access for
minority and economically disadvantaged students to NASA's
Education programs. Not later than 1 year after the date of
enactment of this Act, and every 2 years thereafter, the
Administrator shall submit a report to the Committee on
Science of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate
describing the efforts by the Administrator to ensure equal
access for minority and economically disadvantaged students
under this section, and the results of such efforts. As part
of the report, the Administrator shall provide data on
minority participation in NASA's education programs, at a
minimum in the following categories: elementary and secondary
education, undergraduate education, and graduate education.

SEC. 616. MUSEUMS.

The Administrator may provide grants to, and enter into
cooperative agreements with museums and planetariums to
enable them to enhance programs related to space exploration,
aeronautics, space science, earth science, or microgravity.

SEC. 617. REVIEW OF MUST PROGRAM.

Not later than 60 days after the date of enactment of this
Act, the Administrator shall transmit a report to Congress on
the legal status of the Motivating Undergraduates in Science
and Technology program. If the report concludes that the
program is in compliance with the laws of the United States,
NASA shall implement the program, as planned in the July 5,
2005 National Research Announcement.

TITLE VII--MISCELLANEOUS AMENDMENTS

SEC. 701. RETROCESSION OF JURISDICTION.

The National Aeronautics and Space Act of 1958 (42 U.S.C.
2451 et seq.) is amended by adding at the end of title III
the following new section:

``Retrocession of Jurisdiction

``Sec. 316. (a) Notwithstanding any other provision of law,
the Administrator may relinquish to a State all or part of
the legislative jurisdiction of the United States over lands
or interests under the control of the Administrator in that
State.
``(b) For purposes of this section, the term `State' means
any of the several States, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin
Islands, Guam, American Samoa, the Northern Mariana Islands,
and any other commonwealth, territory, or possession of the
United States.''.

SEC. 702. EXTENSION OF INDEMNIFICATION.

Section 309 of the National Aeronautics and Space Act of
1958 (42 U.S.C. 2458c) is amended in subsection (f)(1) by
striking ``December 31, 2002'' through ``September 30, 2005''
and inserting, ``December 31, 2010, except that the
Administrator may extend the termination date to a date not
later than September 30, 2015, if the Administrator has
entered into an arrangement with the National Academy of
Public Administration to determine the impact on private
parties and the Federal Government of eliminating this
section''.

SEC. 703. NASA SCHOLARSHIPS.

(a) Amendments.--Section 9809 of title 5, United States
Code, is amended--
(1) in subsection (a)(2) by striking ``Act.'' and inserting
``Act (42 U.S.C. 1885a or 1885b).'';
(2) in subsection (c) by striking ``require.'' and
inserting ``require to carry out this section.'';
(3) in subsection (f)(1) by striking the last sentence; and
(4) in subsection (g)(2) by striking ``Treasurer of the''
and all that follows through ``by 3'' and inserting
``Treasurer of the United States''.
(b) Repeal.--The Vision 100--Century of Aviation
Reauthorization Act is amended by striking section 703 (42
U.S.C. 2473e).

SEC. 704. INDEPENDENT COST ANALYSIS.

Section 301 of the National Aeronautics and Space
Administration Authorization Act of 2000 (42 U.S.C. 2459g) is
amended--
(1) by striking ``Phase B'' in subsection (a) and inserting
``implementation'';
(2) by striking ``Chief Financial Officer'' each place it
appears in subsection (a) and inserting ``Administrator'';
(3) by inserting ``and consider'' in subsection (a) after
``shall conduct''; and
(4) by striking subsection (b) and inserting the following:
``(b) Implementation Defined.--In this section, the term
`implementation' means all activity in the life cycle of a
project after preliminary design, independent assessment of
the preliminary design, and approval to proceed into
implementation, including critical design, development,
certification, launch, operations, disposal of assets, and,
for technology programs, development, testing, analysis and
communication of the results.''.

SEC. 705. LIMITATIONS ON OFF-SHORE PERFORMANCE OF CONTRACTS
FOR THE PROCUREMENT OF GOODS AND SERVICES.

(a) Conversions to Contractor Performance of Administration
Activities.--Except as provided in subsection (c), an
activity or function of the Administration that is converted
to contractor performance under Office of Management and
Budget Circular A-

[[Page H10990]]

76 may not be performed by the contractor or any
subcontractor at a location outside the United States.
(b) Contracts for the Procurement of Services.--(1) Except
as provided in subsection (c), a contract for the procurement
of goods or services that is entered into by the
Administrator may not be performed outside the United States
unless it is to meet a requirement of the Administration for
goods or services specifically at a location outside the
United States.
(2) The President may waive the prohibition in paragraph
(1) in the case of any contract for which the President
determines in writing that it is necessary in the national
security interests of the United States for goods or services
under the contract to be performed outside the United States.
(3) The Administrator may waive the prohibition in
paragraph (1) in the case of any contract for which the
Administrator determines in writing that essential goods or
services under the contract are only available from a source
outside the United States.
(c) Exception.--Subsections (a) and (b)(1) shall not apply
to the extent that the activity or function under the
contract was previously performed by Federal Government
employees outside the United States.
(d) Consistency With International Agreements.--The
provisions of this section shall not apply to the extent that
they are inconsistent with obligations of the United States
under international agreements.
(e) Annual Report.--The Administrator shall submit to
Congress, not later than 120 days after the end of each
fiscal year, a report on the contracts performed overseas and
amount of purchases by NASA from foreign entities in that
fiscal year. Such report shall separately indicate the dollar
value of contracts for which the provisions of this section
were waived and the dollar value of items for which the Buy
American Act was waived pursuant to obligations of the United
States under international agreements.

SEC. 706. LONG DURATION FLIGHT.

No provision of this or any other Act shall be construed to
prohibit NASA from accommodating the exercise of religion by
astronauts engaged in long duration space flight missions.

TITLE VIII--INDEPENDENT COMMISSIONS

SEC. 801. DEFINITIONS.

For purposes of this title--
(1) the term ``Commission'' means a Commission established
under this title; and
(2) the term ``incident'' means either an accident or a
deliberate act.

Subtitle A--International Space Station Independent Safety Commission

SEC. 811. ESTABLISHMENT OF COMMISSION.

(a) Establishment.--The President shall establish an
independent, nonpartisan Commission within the executive
branch to discover and assess any vulnerabilities of the
International Space Station that could lead to its
destruction, compromise the health of its crew, or
necessitate its premature abandonment.
(b) Deadline for Establishment.--The President shall issue
an executive order establishing a Commission within 30 days
after the date of enactment of this Act.

SEC. 812. TASKS OF THE COMMISSION.

The Commission established under section 811 shall, to the
extent possible, undertake the following tasks:
(1) Catalog threats to and vulnerabilities of the ISS,
including design flaws, natural phenomena, computer software
or hardware flaws, sabotage or terrorist attack, number of
crewmembers, and inability to adequately deliver replacement
parts and supplies, and management or procedural
deficiencies.
(2) Make recommendations for corrective actions.
(3) Provide any additional findings or recommendations
related to ISS safety.
(4) Prepare a report to Congress, the President, and the
public.

SEC. 813. SUNSET.

The Commission established under this subtitle shall
transmit its final report not later than 1 year after the
date on which the full Commission membership is appointed.

Subtitle B--Human Space Flight Independent Investigation Commission

SEC. 821. ESTABLISHMENT OF COMMISSION.

(a) Establishment.--The President shall establish an
independent, nonpartisan Commission within the executive
branch to investigate any incident that results in the loss
of--
(1) a Space Shuttle;
(2) the International Space Station or its operational
viability;
(3) any other United States space vehicle carrying humans
that is owned by the Federal Government or that is being used
pursuant to a contract with the Federal Government; or
(4) a crew member or passenger of any space vehicle
described in this subsection.
(b) Deadline for Establishment.--The President shall issue
an executive order establishing a Commission within 7 days
after an incident specified in subsection (a).

SEC. 822. TASKS OF THE COMMISSION.

A Commission established pursuant to this subtitle shall,
to the extent possible, undertake the following tasks:
(1) Investigate the incident.
(2) Determine the cause of the incident.
(3) Identify all contributing factors to the cause of the
incident.
(4) Make recommendations for corrective actions.
(5) Provide any additional findings or recommendations
deemed by the Commission to be important, whether or not they
are related to the specific incident under investigation.
(6) Prepare a report to Congress, the President, and the
public.

Subtitle C--Organization and Operation of Commissions

SEC. 831. COMPOSITION OF COMMISSIONS.

(a) Number of Commissioners.--A Commission established
pursuant to this title shall consist of 15 members.
(b) Selection.--The members of a Commission shall be chosen
in the following manner:
(1) The President shall appoint the members, and shall
designate the Chairman and Vice Chairman of the Commission
from among its members.
(2) Four of the 15 members appointed by the President shall
be selected by the President in the following manner:
(A) The majority leader of the Senate, the minority leader
of the Senate, the Speaker of the House of Representatives,
and the minority leader of the House of Representatives shall
each provide to the President a list of candidates for
membership on the Commission.
(B) The President shall select one of the candidates from
each of the 4 lists for membership on the Commission.
(3) In the case of a Commission established under subtitle
A, the President shall select one candidate from a list of
candidates for membership on the Commission provided by the
President of the collective-bargaining organization including
the largest number of NASA engineers.
(4) No officer or employee of the Federal Government shall
serve as a member of the Commission.
(5) No member of the Commission shall have, or have
pending, a contractual relationship with NASA.
(6) The President shall not appoint any individual as a
member of a Commission under this section who has a current
or former relationship with the Administrator that the
President determines would constitute a conflict of interest.
(7) To the extent practicable, the President shall ensure
that the members of the Commission include some individuals
with experience relative to human carrying spacecraft, as
well as some individuals with investigative experience and
some individuals with legal experience.
(8) To the extent practicable, the President shall seek
diversity in the membership of the Commission.
(9) The President may waive the prohibitions in paragraphs
(5) and (6) with respect to the selection of not more than
two members of a Commission established under subtitle A.
(c) Deadline for Appointment.--All members of a Commission
established under subtitle A shall be appointed no later than
60 days after issuance of the executive order establishing
the Commission. All members of a Commission established under
subtitle B shall be appointed no later than 30 days after the
incident.
(d) Initial Meeting.--A Commission shall meet and begin
operations as soon as practicable.
(e) Quorum; Vacancies.--After its initial meeting, a
Commission shall meet upon the call of the Chairman or a
majority of its members. Eight members of a Commission shall
constitute a quorum. Any vacancy in a Commission shall not
affect its powers, but shall be filled in the same manner in
which the original appointment was made.

SEC. 832. POWERS OF COMMISSION.

(a) Hearings and Evidence.--A Commission or, on the
authority of the Commission, any subcommittee or member
thereof, may, for the purpose of carrying out this title--
(1) hold such hearings and sit and act at such times and
places, take such testimony, receive such evidence,
administer such oaths; and
(2) require, by subpoena or otherwise, the attendance and
testimony of such witnesses and the production of such books,
records, correspondence, memoranda, papers, and documents,
as the Commission or such designated subcommittee or
designated member may determine advisable.
(b) Contracting.--A Commission may, to such extent and in
such amounts as are provided in appropriation Acts, enter
into contracts to enable the Commission to discharge its
duties under this title.
(c) Information From Federal Agencies.--
(1) In general.--A Commission may secure directly from any
executive department, bureau, agency, board, commission,
office, independent establishment, or instrumentality of the
Government, information, suggestions, estimates, and
statistics for the purposes of this title. Each department,
bureau, agency, board, commission, office, independent
establishment, or instrumentality shall, to the extent
authorized by law, furnish such information, suggestions,
estimates, and statistics directly to the Commission, upon
request made by the Chairman, the chairman of any
subcommittee created by a majority of the Commission, or any
member designated by a majority of the Commission.
(2) Receipt, handling, storage, and dissemination.--
Information shall only be received, handled, stored, and
disseminated by

[[Page H10991]]

members of the Commission and its staff consistent with all
applicable statutes, regulations, and Executive orders.
(d) Assistance From Federal Agencies.--
(1) General services administration.--The Administrator of
General Services shall provide to a Commission on a
reimbursable basis administrative support and other services
for the performance of the Commission's tasks.
(2) Other departments and agencies.--In addition to the
assistance prescribed in paragraph (1), departments and
agencies of the United States may provide to the Commission
such services, funds, facilities, staff, and other support
services as they may determine advisable and as may be
authorized by law.
(3) NASA engineering and safety center.--The NASA
Engineering and Safety Center shall provide data and
technical support as requested by a Commission.

SEC. 833. PUBLIC MEETINGS, INFORMATION, AND HEARINGS.

(a) Public Meetings and Release of Public Versions of
Reports.--A Commission shall--
(1) hold public hearings and meetings to the extent
appropriate; and
(2) release public versions of the reports required under
this Act.
(b) Public Hearings.--Any public hearings of a Commission
shall be conducted in a manner consistent with the protection
of information provided to or developed for or by the
Commission as required by any applicable statute, regulation,
or Executive order.

SEC. 834. STAFF OF COMMISSION.

(a) Appointment and Compensation.--The Chairman, in
consultation with Vice Chairman, in accordance with rules
agreed upon by a Commission, may appoint and fix the
compensation of a staff director and such other personnel as
may be necessary to enable the Commission to carry out its
functions.
(b) Detailees.--Any Federal Government employee, except for
an employee of NASA, may be detailed to a Commission without
reimbursement from the Commission, and such detailee shall
retain the rights, status, and privileges of his or her
regular employment without interruption.
(c) Consultant Services.--A Commission may procure the
services of experts and consultants in accordance with
section 3109 of title 5, United States Code, but at rates not
to exceed the daily rate paid a person occupying a position
at level IV of the Executive Schedule under section 5315 of
title 5, United States Code. Any consultant or expert whose
services are procured under this subsection shall disclose
any contract or association it has with NASA or any NASA
contractor.

SEC. 835. COMPENSATION AND TRAVEL EXPENSES.

(a) Compensation.--Each member of a Commission may be
compensated at not to exceed the daily equivalent of the
annual rate of basic pay in effect for a position at level IV
of the Executive Schedule under section 5315 of title 5,
United States Code, for each day during which that member is
engaged in the actual performance of the duties of the
Commission.
(b) Travel Expenses.--While away from their homes or
regular places of business in the performance of services for
the Commission, members of a Commission shall be allowed
travel expenses, including per diem in lieu of subsistence,
in the same manner as persons employed intermittently in the
Government service are allowed expenses under section 5703(b)
of title 5, United States Code.

SEC. 836. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND
STAFF.

The appropriate Federal agencies or departments shall
cooperate with a Commission in expeditiously providing to the
Commission members and staff appropriate security clearances
to the extent possible pursuant to existing procedures and
requirements. No person shall be provided with access to
classified information under this title without the
appropriate security clearances.

SEC. 837. REPORTING REQUIREMENTS AND TERMINATION.

(a) Interim Reports.--A Commission may submit to the
President and Congress interim reports containing such
findings, conclusions, and recommendations for corrective
actions as have been agreed to by a majority of Commission
members.
(b) Final Report.--A Commission shall submit to the
President and Congress, and make concurrently available to
the public, a final report containing such findings,
conclusions, and recommendations for corrective actions as
have been agreed to by a majority of Commission members. Such
report shall include any minority views or opinions not
reflected in the majority report.
(c) Termination.--
(1) In general.--A Commission, and all the authorities of
this title with respect to that Commission, shall terminate
60 days after the date on which the final report is submitted
under subsection (b).
(2) Administrative activities before termination.--A
Commission may use the 60-day period referred to in paragraph
(1) for the purpose of concluding its activities, including
providing testimony to committees of Congress concerning its
reports and disseminating the final report.

The motion was agreed to.
The Senate bill was ordered to be read a third time, was read the
third time, and passed, and a motion to reconsider was laid on the
table.

Appointment of Conferees

Mr. BOEHLERT. Mr. Speaker, I ask unanimous consent that the House
insist on its amendment to S. 1281, and request a conference with the
Senate thereon.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New York? The Chair hears none, and without objection,
appoints the following conferees:
From the Committee on Science, for consideration of the Senate bill
and the House amendment, and modifications committed to conference:
Messrs. Boehlert, Calvert, Hall, Smith of Texas, Gordon, Udall of
Colorado, and Honda.
Provided, that Ms. Jackson-Lee of Texas is appointed in lieu of Mr.
Honda for consideration of sections 111 and 615 of the House amendment,
and modifications committed to conference.
From the Committee on Government Reform, for consideration of
sections 153 and 606 of the Senate bill, and section 703 of the House
amendment, and modifications committed to conference: Messrs. Tom Davis
of Virginia, Turner, and Waxman.
For consideration of the Senate bill and House amendment, and
modifications committed to conference: Mr. DeLay.

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