[Congressional Record Volume 151, Number 162 (Friday, December 16, 2005)]
[House]
[Pages H12015-H12031]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     CONFERENCE REPORT ON S. 1281, NATIONAL AERONAUTICS AND SPACE 
                ADMINISTRATION AUTHORIZATION ACT OF 2005

  Mr. BOEHLERT submitted the following conference report and statement 
on 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:

Conference Report (H. Rept. 109-354)
       The Committee of conference on the disagreeing votes of the 
     two Houses on the amendment of the House to the 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, having met, after full and 
     free conference, have agreed to recommend and do recommend to 
     their respective Houses as follows:
       That the Senate recede from its disagreement to the 
     amendment of the House to the text of the bill and agree to 
     the same with an amendment as follows:
       In lieu of the matter proposed to be inserted by the House 
     amendment, insert the following:

     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. Definitions.

                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. Whistleblower protection.

               TITLE II--AUTHORIZATION OF APPROPRIATIONS

Sec. 201. Structure of budget accounts.
Sec. 202. Fiscal year 2007.
Sec. 203. Fiscal year 2008.
Sec. 204. ISS research.
Sec. 205. Test facilities.
Sec. 206. Official representation fund.
Sec. 207. ISS cost cap.

                           TITLE III--SCIENCE

                     Subtitle A--General Provisions

Sec. 301. Performance assessments.
Sec. 302. Status 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.
Sec. 307. Review and report on Headquarters Earth-Sun System Applied 
              Sciences Program.

                       Subtitle B--Remote Sensing

Sec. 311. Definitions.
Sec. 312. General responsibilities.
Sec. 313. Pilot projects to encourage public sector applications.
Sec. 314. Program evaluation.
Sec. 315. Data availability.
Sec. 316. 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--Governmental Interest in Aeronautics Research and 
                              Development

Sec. 411. Governmental interest.

Subtitle B--High Priority Aeronautics Research and Development Programs

Sec. 421. Fundamental research program.
Sec. 422. Research and technology programs.
Sec. 423. Airspace systems research.
Sec. 424. Aviation safety and security research.
Sec. 425. Aviation weather research.
Sec. 426. Assessment of wake turbulence research and development 
              program.
Sec. 427. University-based Centers for Research on Aviation Training.

                        Subtitle C--Scholarships

Sec. 431. NASA aeronautics scholarships.

                       Subtitle D--Data Requests

Sec. 441. Aviation data requests.

                      TITLE V--HUMAN SPACE FLIGHT

Sec. 501. Space Shuttle follow-on.
Sec. 502. Transition.
Sec. 503. Requirements.
Sec. 504. Ground-based analog capabilities.
Sec. 505. ISS completion.
Sec. 506. ISS research.
Sec. 507. National laboratory designation.

                     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.
Sec. 618. Continuation of certain education programs.
Sec. 619. Implementation of previous recommendations.

                    Subtitle C--Technology Transfer

Sec. 621. Commercial technology transfer program.

                  TITLE VII--MISCELLANEOUS PROVISIONS

       Subtitle A--National Aeronautics and Space Administration

Sec. 701. Retrocession of jurisdiction.
Sec. 702. Extension of indemnification.
Sec. 703. NASA scholarships.
Sec. 704. Independent cost analysis.
Sec. 705. Recovery and disposition authority.
Sec. 706. Changes to existing laws on reports.
Sec. 707. Small business contracting.
Sec. 708. NASA healthcare program.
Sec. 709. Offshore performance of contracts for the procurement of 
              goods and services.
Sec. 710. Study on enhanced use leasing.

                Subtitle B--National Science Foundation

Sec. 721. Data on specific fields of study.
Sec. 722. National Science Foundation major research equipment and 
              facilities.

                 TITLE VIII--TASK FORCE AND COMMISSION

 Subtitle A--International Space Station Independent Safety Task Force

Sec. 801. Establishment of task force.
Sec. 802. Tasks of the task force.
Sec. 803. Composition of the task force.
Sec. 804. Reporting requirements.
Sec. 805. Sunset.

  Subtitle B--Human Space Flight Independent Investigation Commission

Sec. 821. Definitions.
Sec. 822. Establishment of Commission.
Sec. 823. Tasks of the Commission.
Sec. 824. Composition of Commission.
Sec. 825. Powers of Commission.
Sec. 826. Public meetings, information, and hearings.
Sec. 827. Staff of Commission.
Sec. 828. Compensation and travel expenses.
Sec. 829. Security clearances for Commission members and staff.

[[Page H12016]]

Sec. 830. Reporting requirements and termination.

     SEC. 2. 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.
                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 the Moon and other planets 
     and their moons, 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; and
       (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, including to the International Space Station, to 
     the extent practicable;
       (iii) using commercially available products (including 
     software) and services to the extent practicable to support 
     all NASA activities; and
       (iv) encouraging commercial use and development of space to 
     the greatest extent practicable; and
       (C) involve other nations to the extent appropriate.
       (b) Vision for Space Exploration.--
       (1) In general.--The Administrator shall establish a 
     program to develop a sustained human presence on the Moon, 
     including a robust precursor program, to promote exploration, 
     science, commerce, and United States preeminence in space, 
     and as a stepping-stone to future exploration of Mars and 
     other destinations. The Administrator is further authorized 
     to develop and conduct appropriate international 
     collaborations in pursuit of these goals.
       (2) Milestones.--The Administrator shall manage human space 
     flight programs to strive to achieve the following milestones 
     (in conformity with section 503)--
       (A) Returning Americans to the Moon no later than 2020.
       (B) Launching the Crew Exploration Vehicle as close to 2010 
     as possible.
       (C) Increasing knowledge of the impacts of long duration 
     stays in space on the human body using the most appropriate 
     facilities available, including the ISS.
       (D) 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 an official the President shall designate, and in 
     consultation with appropriate Federal agencies, shall develop 
     a national policy to guide the aeronautics research and 
     development programs of the United States through 2020. The 
     policy shall include national goals for aeronautics research 
     and development and shall describe the role and 
     responsibilities of each Federal agency that will carry out 
     the policy. The development of the policy shall utilize 
     external studies that have been conducted on the state of 
     United States aeronautics and aviation research and 
     development and have suggested policies to ensure continued 
     competitiveness.
       (2) Content.--(A) At a minimum, the national aeronautics 
     research and development policy shall describe for NASA--
       (i) the priority areas of research for aeronautics through 
     fiscal year 2011;
       (ii) the basis on which and the process by which priorities 
     for ensuing fiscal years will be selected;
       (iii) the facilities and personnel needed to carry out the 
     aeronautics program through fiscal year 2011; and
       (iv) the budget assumptions on which the policy is based, 
     which for fiscal years 2007 and 2008 shall be the authorized 
     level for aeronautics provided in title II of this Act.
       (B) The policy shall be based on the premises that--
       (i) the Federal Government has an established interest in 
     conducting research and development programs for improving 
     the usefulness, performance, speed, safety, and efficiency of 
     aeronautical vehicles, as described in section 102(d)(2) of 
     the National Aeronautics and Space Act of 1958 (42 U.S.C. 
     2451(d)(2)); and
       (ii) the Federal Government has an established interest in 
     conducting research and development programs that help 
     preserve the role of the United States as a global leader in 
     aeronautical technologies and in their application, as 
     described in section 102(d)(5) of the National Aeronautics 
     and Space Act of 1958 (42 U.S.C. 2451(d)(5)).
       (3) Considerations.--In developing the national aeronautics 
     research and development 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 of that decision on the United States 
     economy, and the ability to achieve environmental and other 
     public goals related to aeronautics.
       (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 conduct research in-
     house, fund university research, and collaborate on industry 
     research, and the expected impact of that mix of 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 research and development policy, the President 
     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 policy.
       (5) Schedule.--(A) Not later than 1 year after the date of 
     enactment of this Act, the President shall transmit the 
     national aeronautics research and development policy to the 
     Committee on Appropriations of the House of Representatives, 
     the Committee on Appropriations of the Senate, the Committee 
     on Science of the House of Representatives, and the Committee 
     on Commerce, Science, and Transportation of the Senate.
       (B) Not later than 60 days after the transmittal of the 
     policy under subparagraph (A), the Administrator shall 
     transmit to the Committee on Appropriations of the House of 
     Representatives, the Committee on Appropriations of the 
     Senate, the Committee on Science of the House of 
     Representatives, and the Committee on Commerce, Science, and 
     Transportation of the Senate a report describing how NASA 
     will carry out the policy.
       (C) At the time the President's fiscal year 2007 budget is 
     transmitted to the Congress, the Administrator shall transmit 
     to the Committee on Appropriations of the House of 
     Representatives, the Committee on Appropriations of the 
     Senate, the Committee on Science of the House of 
     Representatives, and the Committee on Commerce, Science, and 
     Transportation of the Senate a report on the proposed NASA 
     aeronautics budget describing--
       (i) the rationale for the budget levels and activities in 
     the proposed fiscal year 2007 NASA aeronautics budget;
       (ii) the extent to which the program directions proposed 
     for fiscal year 2007 are likely to be consistent with the 
     national policy being prepared under this section; and
       (iii) the extent to which the proposed programs for fiscal 
     year 2007 are consistent with past reports and 
     current studies of the National Academy of Sciences, and 
     other relevant reports and studies.
       (d) Science.--
       (1) In general.--The Administrator shall develop a plan to 
     guide the science programs of NASA through 2016.
       (2) Content.--At a minimum, the plan developed under 
     paragraph (1) shall be designed to ensure that NASA has a 
     rich and vigorous set of science activities, and 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; and
       (C) the budget assumptions on which the policy is based, 
     which for fiscal years 2007 and 2008 shall be consistent with 
     the authorizations provided in title II of this Act.
       (3) Considerations.--In developing the science plan 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) How to best benefit from the relationship between 
     NASA's space and earth science activities and those of other 
     Federal agencies.
       (C) Whether the Magnetospheric Multiscale Mission, SIM-
     Planet Quest, and missions under the Future Explorers 
     Programs can be expedited to meet previous schedules.
       (D) Whether any NASA Earth observing missions that have 
     been delayed or cancelled can be restored.
       (E) How to ensure the long-term vitality of Earth 
     observation programs at NASA, including their satellite, 
     science, and data system components.
       (F) Whether current and currently planned Earth observation 
     missions should be supplemented or replaced with new 
     satellite architectures and instruments that enable global 
     coverage, and all-weather, day and night imaging of the 
     Earth's surface features.
       (G) How to integrate NASA earth science missions with the 
     Global Earth Observing System of Systems.

[[Page H12017]]

       (4) Consultation.--In developing the plan 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 plan 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 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 1 year after the date of enactment of this Act. The 
     Administrator shall make available to those committees any 
     study done by a nongovernmental entity that was used in the 
     development of the plan.
       (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 developed under 
     paragraph (1) 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, 
     refurbish, or upgrade, and the expected dates for doing so;
       (C) any facilities NASA intends to close, and the expected 
     dates for doing so;
       (D) any transactions 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 2007 and 2008 shall be consistent with the 
     authorizations provided in title II of this Act, including 
     the funding levels for maintenance and repairs; 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. Under the strategy, NASA 
     shall utilize current personnel, 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.
       (2) Content.--The strategy developed under paragraph (1) 
     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 2007 and 2008 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 60 days after 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 implement any Reduction in 
     Force or other involuntary separations (except for cause) 
     prior to March 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 conducted under paragraph (1) 
     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.
       (h) Budgets.--
       (1) Categories.--The proposed budget for NASA submitted by 
     the President for each fiscal year shall be accompanied by 
     documents showing--
       (A) by program--
       (i) the budget for space operations, including the ISS and 
     the Space Shuttle;
       (ii) the budget for exploration systems;
       (iii) the budget for aeronautics;
       (iv) the budget for space science;
       (v) the budget for earth science;
       (vi) the budget for microgravity science;
       (vii) the budget for education;
       (viii) the budget for safety oversight; and
       (ix) the budget for public relations;
       (B) the budget for technology transfer programs;
       (C) the budget for the Integrated Enterprise Management 
     Program, by individual element;
       (D) the budget for the Independent Technical Authority, 
     both total and by center;
       (E) the total budget for the prize program under section 
     104, and the administrative budget for that program; and
       (F) the comparable figures for at least the 2 previous 
     fiscal years for each item in the proposed budget.
       (2) Sense of congress regarding evaluation criteria for 
     budget requests.--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.
       (i) Additional Budget Information.--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--
       (1) information on corporate and center general and 
     administrative costs and service pool costs, including--
       (A) 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;
       (B) the amount of funds being allocated for those purposes 
     for each center, for headquarters, and for each directorate; 
     and
       (C) the major activities included in each cost category; 
     and
       (2) the figures on 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.
       (j) NASA Aeronautics Test Facilities and Simulators.--
       (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 aeronautics 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)(A)(iii). The review 
     shall take into consideration the results of the study 
     conducted pursuant to the instructions on page 582 of the 
     conference report (H. Rept. 108-767) to accompany the Ronald 
     W. Reagan National Defense Authorization Act for Fiscal Year 
     2005 (P.L. 108-375).
       (2) Limitation.--The Administrator shall not close or 
     mothball any aeronautics test facilities identified in the 
     2003 independent assessment by the RAND Corporation titled 
     ``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, or any aeronautics 
     simulators, that were in use as of January 1, 2004, with the 
     exception of the already closed 16-foot transonic tunnel, 
     until--
       (A) the review conducted under paragraph (1) has been 
     transmitted to the Congress; and
       (B) 60 days after the Administrator has transmitted to the 
     Committee on Appropriations and the Committee on Science of 
     the House of Representatives and the Committee on 
     Appropriations and the Committee on Commerce, Science, and 
     Transportation of the Senate a written certification that the 
     proposed closure will not have an adverse impact on NASA's 
     ability to execute the national policy developed under 
     subsection (c) and to achieve the goals described in that 
     policy.

     Subparagraph (B) shall cease to be effective five years after 
     the date the study required by this section has been 
     transmitted to the Congress.

     SEC. 102. REPORTS.

       (a) National Awareness Campaign.--
       (1) In general.--The Administrator shall implement, 
     beginning not later than May 1, 2006,

[[Page H12018]]

     a national awareness campaign through various media, 
     including print, radio, television, and the Internet, to 
     articulate missions, publicize recent accomplishments, and 
     facilitate efforts to encourage young Americans to enter the 
     fields of science, mathematics, and engineering to help 
     maintain United States leadership in those fields.
       (2) Reports.--(A) Not later than April 1, 2006, the 
     Administrator shall transmit a plan to the Committee on 
     Science of the House of Representatives 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 paragraph (1) 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 subparagraph, 
     but the plan shall include a description of any activities 
     undertaken prior to the transmittal and the estimated cost of 
     those activities.
       (B) Not later than three years 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 an assessment of the impact of the national awareness 
     campaign.
       (b) Budget Information.--Not later than April 30, 2006, 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 
     describing--
       (1) the expected cost of the Crew Exploration Vehicle 
     through fiscal year 2020, based on the public specifications 
     for that development contract; and
       (2) the expected budgets for each fiscal year through 2020 
     for human spaceflight, 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 confidence level for each of the cost estimates used 
     in this section.
       (c) Space Communications Plan.--
       (1) Plan.--The Administrator shall develop a plan, in 
     consultation with relevant Federal agencies, 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 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. At a minimum, the plan shall 
     include a description of the following:
       (A) Projected Deep Space Network requirements for the next 
     20 years, 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).
       (E) Projected Tracking and Data Relay Satellite System 
     requirements for the next 20 years, including those in 
     support of other relevant Federal agencies.
       (F) Cost and schedule estimates to maintain and upgrade the 
     Tracking and Data Relay Satellite System to meet projected 
     requirements.
       (2) Consultations.--The Administrator shall consult with 
     other relevant Federal agencies in developing the plan under 
     this subsection.
       (3) Schedule.--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) 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 July 15, 2006, 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.
       (e) Office of Science and Technology Policy.--
       (1) Study.--As part of ongoing efforts to coordinate 
     research and development across the Federal agencies, the 
     Director of the Office of Science and Technology Policy shall 
     conduct a study to determine--
       (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 one year after the date of 
     enactment of this Act, 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 in response to the 
     findings of the study required by paragraph (1); 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.
       (3) Contract.--The Director of the Office of Science and 
     Technology Policy may contract with a nongovernmental entity 
     to conduct the study required by paragraph (1).

     SEC. 103. BASELINES AND COST CONTROLS.

       (a) Conditions for Development.--
       (1) In general.--NASA shall not enter into a contract for 
     the development 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;
       (B) the technologies required for the program have been 
     demonstrated in a relevant laboratory or test environment; 
     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.--Annually, at the same time as the 
     President's annual budget submission to the Congress, 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 that 
     includes the information required by this section for each 
     major program for which NASA proposes to expend funds in the 
     subsequent fiscal year. Reports under this paragraph 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 
     development is completed;
       (C) the schedule for development, including key program 
     milestones;
       (D) the plan for mitigating technical, cost, and schedule 
     risks identified 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 for which a 
     Baseline Report has been 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)(E) 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 30 days after the notification 
     required under paragraph (1), the individual identified under 
     subsection (b)(2)(E) 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 15 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 15 days after 
     making the determination, a report that includes--

[[Page H12019]]

       (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, or the actions described under subparagraph 
     (B), 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 30 percent, 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 specific 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 $250,000,000.

     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 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 Federal 
     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, for 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 Federal Government for damage or loss to 
     Government property resulting from such an activity.
       ``(g) Judges.--For each competition, the Administration, 
     either directly or through an agreement 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) Prizes under this section may consist 
     of Federal appropriated funds and funds provided by the 
     private sector for such cash prizes. The Administrator may 
     accept funds from other Federal agencies for such cash 
     prizes. 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 transmitted to the 
     Committee on Science of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate.
       ``(5) No prize competition under this section may result in 
     the award of more than $1,000,000 in cash prizes without the 
     approval of the Administrator.
       ``(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 non-proliferation 
     laws, and related regulations.''.

     SEC. 105. FOREIGN LAUNCH VEHICLES.

       (a) Accord With Space Transportation Policy.--NASA shall 
     not launch a payload on a foreign launch vehicle except in 
     accordance with the Space Transportation Policy announced by 
     the President on December 21, 2004. This subsection shall not 
     be construed to prevent the President from waiving the 
     Space Transportation Policy.
       (b) Interagency Coordination.--NASA shall not launch a 
     payload 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 payload.
       (c) Application.--This section shall not apply to any 
     payload 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'';
       (2) by striking ``to it'' and inserting ``to it, including 
     evaluating NASA's compliance with the

[[Page H12020]]

     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 related to safety. 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 
     management and culture related to safety. Each annual report 
     shall include an evaluation of the Administration's 
     compliance with the recommendations of the Columbia Accident 
     Investigation Board through retirement of the Space 
     Shuttle.''.

     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. The plan shall also 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 nonreimbursable agreements under 
     the National Aeronautics and Space Act of 1958 (42 U.S.C. 
     2451 et seq.).
       (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.

     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. WHISTLEBLOWER PROTECTION.

       (a) In General.--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 
     from retaliation NASA employees who raise concerns about 
     substantial and specific dangers to public health and safety 
     or about substantial and specific factors that could threaten 
     the success of a mission. The plan shall be designed to 
     ensure that NASA employees have the full protection required 
     by law. The Administrator shall implement the plan not more 
     than 1 year after its transmittal.
       (b) Goal.--The Administrator shall ensure that the plan 
     describes a system that will protect employees who wish to 
     raise or have raised concerns described in subsection (a).
       (c) Plan.--At a minimum, the plan shall include, consistent 
     with Federal law--
       (1) a reporting structure that ensures that the officials 
     who are the subject of a whistleblower's complaint will not 
     learn the identity of the whistleblower;
       (2) a single point to which all complaints can be made 
     without fear of retribution;
       (3) procedures to enable the whistleblower to track the 
     status of the case;
       (4) activities to educate employees about their rights as 
     whistleblowers and how they are protected by law;
       (5) activities to educate employees about their obligations 
     to report concerns and their accountability before and after 
     receiving the results of the investigations into their 
     concerns; and
       (6) activities to educate all appropriate NASA Human 
     Resources professionals, and all NASA managers and 
     supervisors, regarding personnel laws, rules, and 
     regulations.
       (d) Report.--Not later than February 15 of each year 
     beginning with the 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 on the concerns described in subsection (a) that were 
     raised during the previous fiscal year. At a minimum, the 
     report shall provide--
       (1) the number of concerns that were raised, divided into 
     the categories of safety and health, mission assurance, and 
     mismanagement, and the disposition of those concerns, 
     including whether any employee was disciplined as a result of 
     a concern having been raised; and
       (2) any recommendations for reforms to further prevent 
     retribution against employees who raise concerns.
               TITLE II--AUTHORIZATION OF APPROPRIATIONS

     SEC. 201. STRUCTURE OF BUDGET ACCOUNTS.

       Section 313 of the National Aeronautics and Space Act of 
     1958 (42 U.S.C. 2459f) is amended--
       (1) by amending subsection (a) to read as follows:
       ``(a) (1) Appropriations for the Administration for fiscal 
     year 2007 and thereafter shall be made in three accounts, 
     `Science, Aeronautics, and Education', `Exploration Systems 
     and Space Operations', and an account for amounts 
     appropriated for the necessary expenses of the Office of the 
     Inspector General.
       ``(2) Within the Exploration Systems and Space Operations 
     account, no more than 10 percent of the funds for a fiscal 
     year for Exploration Systems may be reprogrammed for Space 
     Operations, and no more than 10 percent of the funds for a 
     fiscal year for Space Operations may be reprogrammed for 
     Exploration Systems. This paragraph shall not apply to 
     reprogramming for the purposes described in subsection 
     (b)(2).
       ``(3) Appropriations shall remain available for two fiscal 
     years, unless otherwise specified in law. Each account shall 
     include the planned full costs of Administration 
     activities.''; and
       (2) in subsection (b)--
       (A) by inserting ``(1)'' before ``To ensure''; and
       (B) by adding at the end the following new paragraph:
       ``(2) The Administration may also transfer amounts among 
     accounts for the immediate costs of recovering from damage 
     caused by a major disaster (as defined in section 102 of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5122)) or by an act of terrorism, or for the 
     immediate costs associated with an emergency rescue of 
     astronauts.''.

     SEC. 202. FISCAL YEAR 2007.

        There are authorized to be appropriated to NASA for fiscal 
     year 2007 $17,932,000,000, as follows:
       (1) For Science, Aeronautics, and Education (including 
     amounts for construction of facilities), $7,136,800,000, of 
     which $962,000,000 shall be for Aeronautics.
       (2) For Exploration Systems and Space Operations (including 
     amounts for construction of facilities), $10,761,700,000, of 
     which $6,618,600,000 shall be for Space Operations.
       (3) For the Office of Inspector General, $33,500,000.

     SEC. 203. FISCAL YEAR 2008.

        There are authorized to be appropriated to NASA for fiscal 
     year 2008 $18,686,300,000 as follows:
       (1) For Science, Aeronautics, and Education (including 
     amounts for construction of facilities), $7,747,800,000, of 
     which $990,000,000 shall be for Aeronautics.
       (2) For Exploration Systems and Space Operations (including 
     amounts for construction of facilities), $10,903,900,000, of 
     which $6,546,600,000 shall be for Space Operations
       (3) For the Office of Inspector General, $34,600,000.

     SEC. 204. ISS RESEARCH.

       Beginning with fiscal year 2006, the Administrator shall 
     allocate at least 15 percent of the funds budgeted for ISS 
     research to ground-based, free-flyer, and ISS life and 
     microgravity science research that is not directly related to 
     supporting the human exploration program, consistent with 
     section 305.

     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

[[Page H12021]]

     a level that is competitive with alternative test 
     facilities. 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.--In planning and budgeting, 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. OFFICIAL REPRESENTATION FUND.

       Amounts appropriated pursuant to this Act may be used, but 
     not to exceed a total of $70,000 in any fiscal year, for 
     official reception and representation expenses.

     SEC. 207. ISS COST CAP.

       (a) Report.--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 providing the current expected development 
     costs of the ISS and describing any changes to those costs 
     that have occurred because of the grounding of the Space 
     Shuttle after the loss of the Space Shuttle Columbia and 
     because of the implementation of full-cost accounting.
       (b) Repeal.--Thirty days after the transmittal of the 
     report described in subsection (a), section 202 of the 
     National Aeronautics and Space Administration 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.--The performance of each division in the 
     Science directorate 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 division for review under this section. 
     The Administrator shall select divisions 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 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 Operational Environmental 
     Satellite System program, the Administrator shall seek an 
     independent assessment of the costs as well as the technical, 
     cost, and schedule risks associated with incorporating the 
     Landsat instrument on the first National Polar-Orbiting 
     Operational Environmental Satellite System spacecraft 
     compared with undertaking various alternatives, including a 
     dedicated Landsat data ``gap-filler'' mission followed by the 
     incorporation of the Landsat instrument on the second 
     National Polar-Orbiting Operational Environmental Satellite 
     System spacecraft. The assessment shall also include an 
     evaluation of the budgetary requirements of each of the 
     options under consideration.
       (b) Report.--
       (1) Deadline.--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 unless, prior to 
     that date, NASA cancels plans to fly the Landsat instrument 
     on the first National Polar-Orbiting Operational 
     Environmental Satellite System spacecraft.
       (2) Cancellation.--If NASA cancels such plans, the 
     Administrator shall--
       (A) not later than 7 days after a cancellation decision, 
     inform the Committee on Science of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate, in writing, of the 
     cancellation; and
       (B) not later than 90 days after the transmittal of the 
     cancellation notice, transmit to the Committee on Science of 
     the House of Representatives and the Committee on Commerce, 
     Science, and Transportation of the Senate a plan for 
     undertaking a dedicated gap filler mission or alternative 
     means for ensuring the continuity of Landsat data, 
     which shall include consideration of a low-cost 
     constellation of small satellites.

     SEC. 304. ASSESSMENT OF SCIENCE MISSION EXTENSIONS.

       (a) Assessment.--The Administrator shall carry out biennial 
     reviews within each of the Science divisions to assess the 
     cost and benefits of extending the date of the termination of 
     data collection for those missions that have exceeded their 
     planned mission lifetime. 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 at least the following missions: FAST, TIMED, 
     Cluster, Wind, Geotail, Polar, TRACE, Ulysses, and Voyager; 
     and
       (2) for those missions that have an operational component, 
     the National Oceanic and Atmospheric Administration or any 
     other affected agency shall be consulted and the potential 
     benefits of instruments on missions that are beyond their 
     planned mission lifetime taken into account.
       (b) Report.--Not later than 30 days after completing each 
     assessment 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.

        The Administrator shall--
       (1) transmit the report required by section 506;
       (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 be advanced 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 in fields such as 
     molecular crystal growth, animal research, basic fluid 
     physics, combustion research, cellular biotechnology, low-
     temperature physics, and cellular research at a level that 
     will sustain the existing United States scientific expertise 
     and research capability in microgravity research.

     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 where appropriate. The Joint Working 
     Group shall also prepare the plans required by subsection 
     (c).
       (b) Coordination Report.--Not later than February 15 of 
     each year, beginning with the first fiscal year after the 
     date of enactment of this Act, 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 and in 
     consultation with other relevant agencies, shall evaluate 
     relevant NASA science missions for their potential 
     operational capabilities and shall prepare transition plans 
     for the existing and future Earth observing systems found to 
     have potential operational capabilities.
       (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 
     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.

     SEC. 307. REVIEW AND REPORT ON HEADQUARTERS EARTH-SUN SYSTEM 
                   APPLIED SCIENCES PROGRAM.

       (a) Review.--The Administrator shall review the policies, 
     processes, and procedures in the planning and management of 
     applications research and development implemented in calendar 
     years 2001 to 2005 within the Headquarters Earth-Sun System 
     Applied Sciences Program and former Earth Science 
     Applications Program. This 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, but not limited to--
       (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

[[Page H12022]]

     of proposals under the same solicitation announcement; and
       (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 the relevance for NASA of--
       (A) National Institutes of Health 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) Department of Agriculture Cooperative State Research 
     Education and Extension Service program and structure, peer 
     review process, management of conflicts of interest, 
     compensation of reviewers, and the effects of compensation 
     on reviewer efficiency and quality;
       (C) National Institutes of Health and Department of 
     Agriculture best practices in the planning, selection, and 
     management of applied sciences research and development; and
       (D) any other relevant models.
       (b) Report.--Not later than 1 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 describing the results of the 
     review conducted under subsection (a). The report shall 
     include a plan to ensure that the peer review process is 
     transparent and selects proposals in a manner that instills 
     public and stakeholder confidence.
                       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. GENERAL RESPONSIBILITIES.

       The Administrator shall--
       (1) develop a sustained relationship with the United States 
     commercial remote sensing industry and, consistent with 
     applicable policies and law, to the maximum practicable, rely 
     on their services; and
       (2) in conjunction with United States industry and 
     universities, research, develop, and demonstrate prototype 
     earth science applications to enhance Federal, State, local, 
     and tribal governments' use of government and commercial 
     remote sensing data, technologies, and other sources of 
     geospatial information for improved decision support to 
     address their needs.

     SEC. 313. 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. 314. 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 industries, to 
     monitor the program established under section 313. 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 313.
       (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 313 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. 315. DATA AVAILABILITY.

       The Administrator shall ensure that the results of each of 
     the pilot projects completed under section 313 shall be 
     retrievable through an electronic, Internet-accessible 
     database.

     SEC. 316. EDUCATION.

       The Administrator shall establish an educational outreach 
     program to increase awareness at institutions of higher 
     education and State, local, regional, and tribal agencies of 
     the potential applications of remote sensing and other 
     geospatial information and awareness of the need for 
     geospatial workforce development.
       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 than 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 140 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) Fifth-year report.--The Administrator shall transmit to 
     the Congress, not later than February 28 of the fifth year 
     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) since the date of enactment of this Act.
       (B) A summary of expenditures for all activities pursuant 
     to paragraph (1) since the date of enactment of this Act.
       (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) 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

[[Page H12023]]

     given that term by section 101 of the Higher Education Act of 
     1965 (20 U.S.C. 1001).
     Subtitle A--Governmental Interest in Aeronautics Research and 
                              Development

     SEC. 411. GOVERNMENTAL INTEREST.

       Congress reaffirms the national commitment to aeronautics 
     research made in the National Aeronautics and Space Act of 
     1958. Aeronautics research and development remains a core 
     mission of NASA. NASA is the lead agency for civil 
     aeronautics research. Further, the government of the United 
     States shall promote aeronautics 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--High Priority Aeronautics Research and Development Programs

     SEC. 421. FUNDAMENTAL RESEARCH PROGRAM.

       (a) Objective.--In order to ensure that the Nation 
     maintains needed capabilities in fundamental areas of 
     aeronautics 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) Operation.--The Administrator shall conduct the program 
     under this section, in part by awarding grants to 
     institutions of higher education. The Administrator shall 
     encourage the participation of institutions of higher 
     education located in States that participate in the 
     Experimental Program to Stimulate Competitive Research. All 
     grants to institutions of higher education under this section 
     shall be awarded through merit review.
       (c) 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.
       (d) 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. 422. RESEARCH AND TECHNOLOGY PROGRAMS.

       (a) Environmental Aircraft Research and Development.--The 
     Administrator may establish an initiative with the objective 
     of developing, and demonstrating in a relevant environment, 
     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.
       (3) 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 may establish an initiative with the objective 
     of developing and demonstrating, in a relevant environment, 
     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 may 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 may establish 
     a hypersonics research program with the objective of 
     exploring 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. The program may 
     also include the transition to the hypersonic range of Mach 3 
     to Mach 5.
       (e) Revolutionary Aeronautical Concepts.--The Administrator 
     may 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) Fuel Cell-Powered Aircraft Research.--
       (1) Objective.--The Administrator may establish a fuel-cell 
     powered 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.
       (2) 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.
       (g) Mars Aircraft Research.--
       (1) 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.
       (2) 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. 423. 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 1 year after the date of 
     enactment of this Act, 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.

     SEC. 424. 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) Alignment.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator shall align the 
     projects of the Aviation Safety and Security 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. 425. 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. 426. ASSESSMENT OF WAKE TURBULENCE RESEARCH AND 
                   DEVELOPMENT PROGRAM.

       (a) Assessment.--The Administrator shall 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 2 years after the date of 
     enactment of this Act.

     SEC. 427. UNIVERSITY-BASED CENTERS FOR RESEARCH ON AVIATION 
                   TRAINING.

       (a) In General.--The Administrator may award grants to 
     institutions of higher education (or consortia thereof) to 
     establish one or more Centers for Research on Aviation 
     Training under cooperative agreements with appropriate NASA 
     Centers.
       (b) Purpose.--The purpose of the Centers shall be to 
     investigate the impact of new technologies and procedures, 
     particularly those related to the aircraft flight deck and to 
     the air traffic management functions, on training 
     requirements for pilots and air traffic controllers.
       (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.
                        Subtitle C--Scholarships

     SEC. 431. 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 or equivalent programs 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.
                       Subtitle D--Data Requests

     SEC. 441. AVIATION DATA REQUESTS.

       The Administrator shall make available upon request 
     satellite imagery and aerial photography

[[Page H12024]]

     of remote terrain that NASA owns at the time of the request 
     to the Administrator of the Federal Aviation Administration, 
     or the Director of the Five Star Medallion Program, to assist 
     and train pilots in navigating challenging topographical 
     features of such terrain.
                      TITLE V--HUMAN SPACE FLIGHT

     SEC. 501. SPACE SHUTTLE FOLLOW-ON.

       (a) Policy Statement.--It is the policy of the United 
     States to possess the capability for human access to space on 
     a continuous basis.
       (b) Progress Report.--Not later than 180 days after the 
     date of enactment of this Act and annually thereafter, 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 
     describing the progress being made toward developing the Crew 
     Exploration Vehicle and the Crew Launch Vehicle and the 
     estimated time before they will demonstrate crewed, orbital 
     spaceflight.
       (c) Compliance Report.--If, 1 year before the final planned 
     flight of the Space Shuttle orbiter, the United States has 
     not demonstrated a replacement human space flight system, and 
     the United States cannot uphold the policy described in 
     subsection (a), 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 describing--
       (1) strategic risks to the United States associated with 
     the failure to uphold the policy described in subsection (a);
       (2) the estimated length of time during which the United 
     States will not have its own 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.

     SEC. 502. TRANSITION.

       (a) In General.--The Administrator shall, to the fullest 
     extent possible consistent with a successful development 
     program, use the personnel, capabilities, assets, and 
     infrastructure of the Space Shuttle program in developing the 
     Crew Exploration Vehicle, Crew Launch Vehicle, and a heavy-
     lift launch vehicle.
       (b) Plan.--Not later than 180 days 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 how NASA will proceed with its human 
     space flight programs, which, at a minimum, shall describe--
       (1) how NASA will deploy personnel from, and use the 
     facilities of, the Space Shuttle program to ensure that the 
     Space Shuttle operates as safely as possible through its 
     final flight and to ensure that personnel and facilities from 
     the Space Shuttle program are used in NASA's exploration 
     programs in accordance with subsection (a);
       (2) the planned number of flights the Space Shuttle will 
     make before its retirement;
       (3) the means, other than the Space Shuttle and the Crew 
     Exploration Vehicle, including commercial vehicles, that may 
     be used to ferry crew and cargo to and from the ISS;
       (4) the intended purpose of lunar missions and the 
     architecture for those missions; and
       (5) the extent to which the Crew Exploration Vehicle will 
     allow for the escape of the crew in an emergency.
       (c) Personnel.--The Administrator shall consult with other 
     appropriate Federal agencies and with NASA contractors and 
     employees to develop a transition plan for any Federal and 
     contractor personnel engaged in the Space Shuttle program who 
     can no longer be retained because of the retirement of the 
     Space Shuttle. The plan shall include actions to assist 
     Federal and contractor personnel in taking 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 March 31, 2006.

     SEC. 503. REQUIREMENTS.

       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;
       (2) implement an exploration technology development program 
     to enable lunar human and robotic operations consistent with 
     section 101(b)(2), including surface power to use on the Moon 
     and other locations;
       (3) conduct an in-situ resource utilization technology 
     program to develop the capability to use space resources to 
     increase independence from Earth, and sustain exploration 
     beyond low-Earth orbit; and
       (4) pursue aggressively automated rendezvous and docking 
     capabilities that can support the ISS and other mission 
     requirements.

     SEC. 504. GROUND-BASED ANALOG CAPABILITIES.

       (a) In General.--The Administrator may 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) Environmental Characteristics.--The Administrator shall 
     select locations for the activities described in subsection 
     (a) 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, or 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. 505. ISS COMPLETION.

       (a) Policy.--It is the policy of the United States to 
     achieve diverse and growing utilization of, and benefits 
     from, the ISS.
       (b) Elements, Capabilities, and Configuration Criteria.--
     The Administrator shall ensure that the ISS will--
       (1) be assembled and operated in a manner that fulfills 
     international partner agreements, as long as the 
     Administrator determines that the Shuttle can safely enable 
     the United States to do so;
       (1) be used for a diverse range of microgravity research, 
     including fundamental, applied, and commercial research, 
     consistent with section 305;
       (2) have an ability to support a crew size of at least 6 
     persons, unless the Administrator transmits to the Committee 
     on Science of the House of Representatives and the Committee 
     on Commerce, Science, and Transportation of the Senate not 
     later than 60 days after the date of enactment of this Act, a 
     report explaining why such a requirement should not be met, 
     the impact of not meeting the requirement on the ISS research 
     agenda and operations and international partner agreements, 
     and what additional funding or other steps would be required 
     to 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;
       (4) support any diagnostic human research, 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; and
       (5) be operated at an appropriate risk level.
       (c) Contingencies.--
       (1) Policy.--The Administrator shall ensure that the ISS 
     can have available, if needed, sufficient logistics and on-
     orbit capabilities to support any potential period during 
     which the Space Shuttle or its follow-on crew and cargo 
     systems are unavailable, and can have available, if 
     needed, sufficient surge delivery capability or 
     prepositioning of spares and other supplies needed to 
     accommodate any such hiatus.
       (2) Plan.--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 transmit to the Committee 
     on Science of the House of Representatives and the Committee 
     on Commerce, Science, and Transportation of the Senate a plan 
     to carry out the policy described in paragraph (1).

     SEC. 506. ISS RESEARCH.

       The Administrator shall--
       (1) carry out a program of microgravity research consistent 
     with section 305;
       (2) consider the need for a life sciences centrifuge and 
     any associated holding facilities; and
       (3) not later than 90 days after the date of enactment of 
     this Act, transmit to the Committee on Science of the House 
     of Representatives and the Committee on Commerce, Science, 
     and Transportation of the Senate the research plan for NASA 
     utilization of the ISS and the proposed final configuration 
     of the ISS, which shall include an identification of 
     microgravity research that can be performed in ground-based 
     facilities and then validated in space and an assessment of 
     the impact of having or not having a life science centrifuge 
     aboard the ISS.

     SEC. 507. NATIONAL LABORATORY DESIGNATION.

       (a) Designation.--To further the policy described in 
     section 501(a), the United States segment of the ISS is 
     hereby designated a national laboratory.
       (b) Management.--
       (1) Partnerships.--The Administrator shall seek to increase 
     the utilization of the ISS by other Federal entities and the 
     private sector through partnerships, cost-sharing agreements, 
     and other arrangements that would supplement NASA funding of 
     the ISS.
       (2) Contracting.--The Administrator may enter into a 
     contract with a nongovernmental entity to operate the ISS 
     national laboratory, subject to all applicable Federal laws 
     and regulations.
       (c) Plan.--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 how the national laboratory will be 
     operated. At a minimum, the plan shall describe--
       (1) any changes in the research plan transmitted under 
     section 506(3) and any other changes in the operation of the 
     ISS resulting from the designation;
       (2) any ground-based NASA operations or buildings that will 
     be considered part of the national laboratory;
       (3) the management structure for the laboratory, including 
     the rationale for contracting or not contracting with a 
     nongovernmental entity to operate the ISS national 
     laboratory;
       (4) the workforce that will be considered employees of the 
     national laboratory;
       (5) how NASA will seek the participation of other parties 
     described in subsection (b)(1); and
       (6) a schedule for implementing any changes in ISS 
     operations, utilization, or management described in the plan.

[[Page H12025]]

       (d) United States 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.
                     TITLE VI--OTHER PROGRAM AREAS
                  Subtitle A--Space and Flight Support

     SEC. 601. 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. 602. SECONDARY PAYLOAD CAPABILITY.

       (a) In General.--In order to provide more routine and 
     affordable access to space for a broad range of scientific 
     payloads, the Administrator is encouraged to provide the 
     capabilities to support secondary payload flight 
     opportunities on United States launch vehicles, or free 
     flyers, for satellites or scientific payloads weighing less 
     than 500 kilograms.
       (b) Feasibility Study.--The Administrator shall initiate a 
     feasibility study for designating a National Free Flyer 
     Launch Coordination Center as a means of coordinating, 
     consolidating, and integrating secondary launch capabilities, 
     launch opportunities, and payloads.
       (c) Assessment.--The feasibility study required by 
     subsection (b) shall include an assessment of the feasibility 
     of integrating a National Free Flyer Launch Coordination 
     Center within the operations and facilities of an existing 
     nonprofit organization such as the Inland Northwest Space 
     Alliance in Missoula, Montana, or a similar entity, and shall 
     include an assessment of the potential utilization of 
     existing launch and launch support facilities and 
     capabilities, including but not limited to those in the 
     States of Montana and New Mexico and their respective 
     contiguous States, and the State of Alaska, for the 
     integration and launch of secondary payloads, including an 
     assessment of the feasibility of establishing cooperative 
     agreements among such facilities, existing or future 
     commercial launch providers, payload developers, and the 
     designated Coordination Center.
                         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. 
     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, 
     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. 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 precollege science, technology, 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, 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 results of the review and 
     evaluation required under subsection (a).

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

       (a) In General.--The Administrator shall strive to ensure 
     equal access for minority and economically disadvantaged 
     students to NASA's education programs.
       (b) Report.--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--
       (1) 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; and
       (2) the total value of grants NASA made to Historically 
     Black Colleges and Universities and to Hispanic Serving 
     Institutions through education programs during the period 
     covered by the report.
       (c) Program.--The Administrator shall establish the Dr. Mae 
     C. Jemison Grant Program to work with Minority Serving 
     Institutions to bring more women of color into the field of 
     space and aeronautics.

     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, NASA Research Announcement.

     SEC. 618. CONTINUATION OF CERTAIN EDUCATION PROGRAMS.

       From amounts appropriated to NASA for education programs, 
     the Administrator shall ensure the continuation of the Space 
     Grant Program, the Experimental Program to Stimulate 
     Competitive Research, and, consistent with the results of the 
     review under section 614, the NASA Explorer School program, 
     to motivate and develop the next generation of explorers.

     SEC. 619. IMPLEMENTATION OF PREVIOUS RECOMMENDATIONS.

       (a) GAO Report.--Not more than 180 days 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 of Commerce, Science, and Transportation of the 
     Senate a report describing action taken by NASA to implement 
     the recommendations contained in the Government 
     Accountability Office's Report No. 04-639.

[[Page H12026]]

       (b) Compliance.--To comply with title IX of the Education 
     Amendments of 1972 (20 U.S.C. 1681 et seq.), the 
     Administrator shall conduct compliance reviews of at least 2 
     grantees annually.
                    Subtitle C--Technology Transfer

     SEC. 621. COMMERCIAL TECHNOLOGY TRANSFER PROGRAM.

       (a) In General.--The Administrator shall execute a 
     commercial technology transfer program with the goal of 
     facilitating the exchange of services, products, and 
     intellectual property between NASA and the private sector. 
     This program shall place at least as much emphasis on 
     encouraging the transfer of NASA technology to the private 
     sector (``spinning out'') as on encouraging use of private 
     sector technology by NASA. This program shall be maintained 
     in a manner that provides clear benefits for the agency, the 
     domestic economy, and the research community.
       (b) Program Structure.--In carrying out the program 
     described in subsection (a), the Administrator shall provide 
     program participants with at least 45 days notice of any 
     proposed changes to the structure of NASA's technology 
     transfer and commercialization organizations that is in 
     effect as of the date of enactment of this Act.
                  TITLE VII--MISCELLANEOUS PROVISIONS
       Subtitle A--National Aeronautics and Space Administration

     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'' and all that follows and 
     inserting ``December 31, 2010.''.

     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 ``$150,000,000'' and inserting 
     ``$250,000,000'';
       (3) by striking ``Chief Financial Officer'' each place it 
     appears in subsection (a) and inserting ``Administrator'';
       (4) by inserting ``and consider'' in subsection (a) after 
     ``shall conduct''; and
       (5) by striking subsection (b) and inserting the following:
       ``(b) Implementation Defined.--In this section, the term 
     `implementation' means all activity in the life cycle of a 
     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. RECOVERY AND DISPOSITION AUTHORITY.

       Title III of the National Aeronautics and Space Act of 
     1958, as amended by section 701 of this Act, is further 
     amended by adding at the end the following:

     ``SEC. 317. RECOVERY AND DISPOSITION AUTHORITY.

       ``(a) In General.--
       ``(1) Control of remains.--Subject to paragraphs (2) and 
     (3), 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.
       ``(3) Construction.--This section shall not be construed to 
     permit the Administrator to interfere with any Federal 
     investigation of a mishap or accident.
       ``(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) is 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. 706. CHANGES TO EXISTING LAWS ON REPORTS.

       (a) Section 201 of the National Aeronautics and Space 
     Administration Authorization Act of 2000 (42 U.S.C. 2451 
     note) is amended--
       (1) by striking ``and not later than the first day of every 
     second month thereafter until October 1, 2006'' and inserting 
     ``and semiannually thereafter until December 31, 2011''; and
       (2) by adding at the end the following: ``Each such report 
     shall also identify each Russian entity or person to whom 
     NASA has, since the date of the enactment of the Iran 
     Nonproliferation Amendments Act of 2005, made a payment in 
     cash or in-kind for work to be performed or services to be 
     rendered under the Agreement Concerning Cooperation on the 
     Civil International Space Station, with annex, signed at 
     Washington January 29, 1998, and entered into force March 27, 
     2001, or any protocol, agreement, memorandum of 
     understanding, or contract related thereto. Each report shall 
     include the specific purpose of each payment made to each 
     entity or person identified in the report.''.
       (b) Section 304(b) of the Federal Aviation Administration 
     Research, Engineering, and Development Authorization Act of 
     1992 (49 U.S.C. 47508 note) is amended by striking ``2000'' 
     and inserting ``2010''.
       (c) Section 323 of the National Aeronautics and Space 
     Administration Authorization Act of 2000 is amended by 
     striking subsection (a).

     SEC. 707. 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. 708. NASA HEALTHCARE PROGRAM.

       The Administrator shall develop a plan to better understand 
     the longitudinal health effects of space flight on humans. In 
     the development of the plan, the Administrator shall consider 
     the need for the establishment of a lifetime healthcare 
     program for NASA astronauts and their families or other 
     methods to obtain needed health data from astronauts and 
     retired astronauts.

     SEC. 709. OFFSHORE PERFORMANCE OF CONTRACTS FOR THE 
                   PROCUREMENT OF GOODS AND SERVICES.

       The Administrator shall submit to Congress, not later than 
     120 days after the end of each fiscal year beginning with the 
     first fiscal year after the date of enactment of this Act, a 
     report on the contracts and subcontracts performed overseas 
     and the amount of purchases directly or indirectly by NASA 
     from foreign entities in that fiscal year. The report shall 
     separately indicate--
       (1) the contracts and subcontracts and their dollar values 
     for which the Administrator determines that essential goods 
     or services under the contract are available only from a 
     source outside the United States; and
       (2) the items and their dollar values for which the Buy 
     American Act was waived pursuant to obligations of the United 
     States under international agreements.

     SEC. 710. STUDY ON ENHANCED USE LEASING.

       Not later than one year 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 a 
     review of NASA's enhanced use leasing pilot program 
     established by section 315 of the National Aeronautics and 
     Space Administration Act of 1958 (42 U.S.C. 2459j). At a 
     minimum the review shall analyze--
       (1) the financial impact of the program, taking into 
     account revenue foregone by the United States, whether such 
     revenue would have been realized in the absence of the 
     program, and any revenue that accrued to NASA because of the 
     program;
       (2) the use and effectiveness of the program; and
       (3) whether the arrangements made under the program would 
     have been made in the absence of the program.
                Subtitle B--National Science Foundation

     SEC. 721. DATA ON SPECIFIC FIELDS OF STUDY.

       The National Science Foundation shall continue to collect 
     statistically reliable data on the field of degree of 
     college-educated individuals to fulfill obligations under 
     section 4(j)(1) of the National Science Foundation Act of 
     1950 (42 U.S.C. 1863(j)(1)) and the Science and Engineering 
     Equal Opportunities Act (42 U.S.C. 1885 et. seq.). If the 
     Director of the Foundation determines that there is a legal 
     impediment to the continued collection of this data, he shall 
     inform 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.

[[Page H12027]]

     SEC. 722. NATIONAL SCIENCE FOUNDATION MAJOR RESEARCH 
                   EQUIPMENT AND FACILITIES.

       (a) Astronomical Sciences Senior Review.--
       (1) Review.--The Director of the National Science 
     Foundation shall charge the Mathematical and Physical 
     Sciences Advisory Committee with conducting a review of the 
     astronomical facilities supported by the Foundation to 
     determine the appropriate balance between supporting the 
     operation of existing facilities and supporting the design, 
     development, and eventual operation of new facilities. The 
     review shall recommend actions that would enable the 
     Foundation to support priorities recommended in the National 
     Academy of Sciences reports ``Astronomy and Astrophysics in 
     the New Millennium'' and ``Connecting Quarks with the 
     Cosmos''.
       (2) Transmittal.--The Director shall transmit the review, 
     along with a schedule for implementing any recommendations 
     the Director accepts and an explanation for rejecting any 
     recommendations, to the Committee on Science of the House of 
     Representatives and the Committee of Commerce, Science, and 
     Transportation of the Senate no later than June 30, 2006.
       (b) Plan for Funding Design and Development for Major 
     Research Equipment and Facilities Construction Projects.--
       (1) In general.--The Director of the National Science 
     Foundation shall develop a plan to facilitate more thorough 
     design and development of facilities that can be considered 
     for funding through the Major Research Equipment and 
     Facilities Construction account.
       (2) Considerations.--In developing the plan, the Director 
     shall consider--
       (A) steps to encourage and ease cross-directorate 
     collaboration;
       (B) ways to ensure that a Directorate that will eventually 
     support the operation of a facility is fully committed to 
     that facility from the outset;
       (C) providing funding for the design and development of 
     facilities from new sources within the Foundation; and
       (D) ways to enable and encourage entities proposing 
     facilities projects to receive design and development funding 
     from nongovernmental sources.
       (3) Transmittal.--No later than June 30, 2006, the Director 
     of the National Science Foundation shall transmit to the 
     Committee on Science of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate the plan, along with a statement from the Director 
     describing how the plan addresses the considerations 
     described in paragraph (2).
                 TITLE VIII--TASK FORCE AND COMMISSION
 Subtitle A--International Space Station Independent Safety Task Force

     SEC. 801. ESTABLISHMENT OF TASK FORCE.

       (a) Establishment.--The Administrator shall establish an 
     independent task force to review the International Space 
     Station program with the objective of discovering and 
     assessing 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 Administrator shall 
     establish the independent task force within 60 days after the 
     date of enactment of this Act.

     SEC. 802. TASKS OF THE TASK FORCE.

        The independent task force established under section 801 
     shall, to the extent possible, undertake the following tasks:
       (1) Catalogue threats to and vulnerabilities of the ISS, 
     including design flaws, natural phenomena, computer software 
     or hardware flaws, sabotage or terrorist attack, number of 
     crewmembers, 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 the Administrator, Congress, and 
     the public.

     SEC. 803. COMPOSITION OF THE TASK FORCE.

       (a) External Organizations.--The independent task force 
     shall include at least one representative from each of the 
     following external organizations:
       (1) The Aerospace Safety Advisory Panel.
       (2) The Task Force on International Space Station 
     Operational Readiness of the NASA Advisory Council, or its 
     successor.
       (3) The Aeronautics and Space Engineering Board of the 
     National Research Council.
       (c) Independent Organizations Within NASA.--The independent 
     task force shall also include at least the following 
     individuals from within NASA:
       (1) NASA's Chief Engineer.
       (2) The head of the Independent Technical Authority.
       (3) The head of the Safety and Mission Assurance Office.
       (4) The head of the NASA Engineering and Safety Center.

     SEC. 804. REPORTING REQUIREMENTS.

       (a) Interim Reports.--The independent task force may 
     transmit to the Administrator and Congress, and make 
     concurrently available to the public, interim reports 
     containing such findings, conclusions, and recommendations 
     for corrective actions as have been agreed to by a majority 
     of the task force members.
       (b) Final Report.--The task force shall transmit to the 
     Administrator 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 task force members. Such 
     report shall include any minority views or opinions not 
     reflected in the majority report.
       (c) Approval.--The independent task force shall not be 
     required to seek the approval of the contents of any of the 
     reports submitted under subsection (a) or (b) by the 
     Administrator or by any person designated by the 
     Administrator prior to the submission of the reports to the 
     Administrator and Congress and to their being made 
     concurrently available to the public.

     SEC. 805. SUNSET.

        The independent task force established under this subtitle 
     shall transmit its final report to the Administrator and to 
     Congress and make it available to the public not later than 1 
     year after the independent task force is established and 
     shall cease to exist after the transmittal.
  Subtitle B--Human Space Flight Independent Investigation Commission

     SEC. 821. DEFINITIONS.

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

     SEC. 822. 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 
     establish a Commission within 7 days after an incident 
     specified in subsection (a).

     SEC. 823. 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.

     SEC. 824. COMPOSITION OF COMMISSION.

       (a) Number of Commissioners.--A Commission established 
     pursuant to this subtitle 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) 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. The President may select one of 
     the candidates from each of the 4 lists for membership on the 
     Commission.
       (3) No officer or employee of the Federal Government or 
     Member of Congress shall serve as a member of the Commission.
       (4) No member of the Commission shall have, or have 
     pending, a contractual relationship with NASA.
       (5) 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.
       (6) 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.
       (7) To the extent practicable, the President shall seek 
     diversity in the membership of the Commission.
       (c) Deadline for Appointment.--All members of a Commission 
     established under this subtitle 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. 825. 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 subtitle--
       (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.

[[Page H12028]]

       (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 subtitle.
       (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 subtitle. 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 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 the Commission.

     SEC. 826. 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 subtitle.
       (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. 827. 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. 828. 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. 829. 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 subtitle without the 
     appropriate security clearances.

     SEC. 830. 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 subtitle 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.

       And the House agree to the same.
     From the Committee on Science, for consideration of the 
     Senate bill and the House amendment, and modifications 
     committed to conference:
     Sherwood Boehlert,
     Ken Calvert,
     Ralph M. Hall,
     Lamar Smith,
     Bart Gordon,
     Mark Udall,
     Michael M. Honda,
     Ms. Jackson-Lee of Texas is appointed in lieu of Mr. Honda 
     for consideration of secs. 111 and 615 of the House 
     amendment, and modifications committed to conference.
     Sheila Jackson-Lee,
     For consideration of the Senate bill and House amendment, and 
     modifications committed to conference:
     Tom DeLay,
                                Managers on the Part of the House.

     Ted Stevens,
     Trent Lott,
     Kay Bailey Hutchison,
     Daniel K. Inouye,
     Bill Nelson,
                               Managers on the Part of the Senate.

       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

       The managers on the part of the House and the Senate at the 
     conference on the disagreeing votes of the two Houses on the 
     amendment of the House to the 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, submit the following joint statement to the House and 
     the Senate in explanation of the effect of the action agreed 
     upon by the managers and recommended in the accompanying 
     conference report:
       The House amendment struck all of the Senate bill after the 
     enacting clause and inserted a substitute text.
       The Senate recedes from its disagreement to the amendment 
     of the House with an amendment that is a substitute for the 
     Senate bill and the House amendment. The differences between 
     the Senate bill, and the House amendment, and the substitute 
     agreed to in conference are noted below, except for clerical 
     corrections, conforming changes made necessary by agreements 
     reached by the conferees, and minor drafting and clerical 
     changes.
       This legislation authorizes the appropriations of funds for 
     the National Aeronautics and Space Administration (NASA), for 
     the fiscal years 2007 and 2008. In addition, it sets forth a 
     framework of policy guidance, program management authorities 
     and requirements, and means for ensuring accountability in 
     program management and oversight.


          U.S. Civil Space Goals/Vision for Space Exploration

       The conferees endorse the President's Vision for Space 
     Exploration and outline the rationale for it in section 
     101(b) of the Conference Report. The conferees believe that 
     the Conference Report provides a strong legislative 
     foundation for the pursuit of the nation's continued 
     exploration of space in a manner that both preserves the 
     important legacy of accomplishments in science, aeronautics 
     and human space flight and provides NASA with the authority 
     to move its new program of exploration forward.


                                Science

       In an increasingly technological age, scientific and 
     technical excellence is fundamental to securing the nation's 
     economic and security interests and to inspiring and 
     educating the next generation of scientists, engineers, 
     astronauts, and entrepreneurs. The conferees agree that a 
     continued strong and diverse array of programs in the areas 
     of space science, earth science and education is essential, 
     and the Conference Report combines important elements of the 
     Senate- and House-passed legislation in order to ensure that 
     such activities continue to represent a major portion of 
     NASA's programs and priorities and that such activities are 
     judged on their own merits.


              Human Space Flight and Space Transportation

       The conferees agree that it is important for the United 
     States to have continuing, safe and reliable human access to 
     space. The conferees further acknowledge the need to provide 
     the smoothest possible transition between the eventual 
     retirement of the space shuttle and the development of the 
     new Crew Exploration Vehicle (CEV) and Crew Launch Vehicle 
     (CLV). Section 502 of the Conference Report lays out an 
     approach for an effective transition. At the same time, the 
     Conference Report provides important oversight guidance, in 
     terms of planning, funding projections and accountability, 
     designed to ensure the success of these new systems' 
     development.
       The conferees also recognize the importance of the 
     International Space Station

[[Page H12029]]

     (ISS) in sections 505 and 506 of the Conference Report. The 
     conferees recognize the research potential of the ISS beyond 
     its contribution to long-duration human spaceflight in 
     support of the Vision for Space Exploration in several 
     sections, including section 305. The conferees adopt language 
     that requires a minimum percentage of ISS research to be 
     directed toward a range of science disciplines not directly 
     related to supporting the Vision for Space Exploration. 
     Furthermore, the conferees agree to provisions based on the 
     Senate-passed bill that designate the U.S. segment of the ISS 
     as a National Laboratory, paving the way for the addition of 
     non-NASA resources and non-Government resources to support 
     space station-based research.


                           Aeronautics Policy

       The conferees agree to provisions included in both Senate- 
     and House-passed bills that require the development of a 
     national aeronautics research policy to guide future 
     investments in this important segment of NASA's mission. A 
     healthy and vibrant aeronautics research capability and 
     aerospace industry are vital to the nation's economic 
     security. The plans and priorities required and highlighted 
     by the Conference Report should serve to ensure the vitality 
     of aeronautics research within the framework of a clear set 
     of national policy objectives to be developed under the 
     provisions of the Conference Report.


                   Additional Significant Provisions

       In addition to the major policy areas noted above, the 
     conferees agree to a number of significant provisions 
     contained in both the House- and Senate-passed bills. Among 
     these are provisions for workforce management, the 
     encouragement and authorization of significant commercial 
     participation in a full range of science, aeronautics, and 
     exploration activities, enhanced program fiscal and 
     management accountability, and significant measures providing 
     for independent oversight of NASA programs and management. A 
     number of these provisions are further described in the 
     balance of the explanatory statement.


                   Explanation of Selected Provisions

     Sec. 101(d). Science
       Section 101(d) directs the Administrator to develop a plan 
     to guide the space science and earth science programs of NASA 
     through 2016. The priority ranking required by this 
     subsection is a single ranking of all the missions that NASA 
     lists pursuant to paragraph (2)(A), not a ranking categorized 
     by theme or any other category.
       The conferees understand that NASA will have to update and 
     revise the plans and priorities periodically. The conferees 
     do not intend that NASA be bound by this plan until 2016. But 
     the plan should be based on the best possible current 
     assessment of what NASA will be able to do between now and 
     2016.
       The conferees are aware that the National Academy of 
     Sciences is continuing to work on an Earth Science and 
     Applications from Space Decadal Survey which is due to be 
     completed in 2006. In preparing the science plan, NASA 
     should, to the greatest extent possible, take into 
     consideration information available from the Decadal Survey. 
     The conferees expect NASA to notify the authorizing 
     committees if the completed Decadal Survey would change any 
     of the information provided in the science plan.
     Sec. 101(e). Facilities
       Section 101(e) directs the Administrator to develop a 
     facilities plan through fiscal year 2015. While the 
     facilities plan does not have to be transmitted to the 
     Committees until the date on which the President submits the 
     fiscal year 2008 budget to the Congress, the conferees urge 
     NASA to provide notification to the authorizing committees 
     prior to mothballing or closing any significant facilities 
     before the transmittal of the facilities plan.
       The budget assumptions used to develop the facilities plan 
     and descriptions of the costs and the type of work that are 
     planned to maintain, modify or upgrade each facility, must be 
     described in the plan.
     Sec. 101(h). Budgets
       The conferees support the views expressed in the House 
     report that accompanied H.R. 3070 (House Report 109-173) and 
     in the Senate Report that accompanied S.1281 (Senate Report 
     109-108) regarding the lack of detail provided by NASA in the 
     fiscal year 2006 budget justification and previous 
     inconsistency in identifying major program budget requests. 
     As required by subparagraph 101(h)(1)(A) NASA is to provide 
     proposed budgets for each of the areas (i) through (ix) ``by 
     program''. For the purposes of this section a program is a 
     major activity proposed in the budget that is contained 
     within each of the categories (i) through (ix). For example, 
     programs within the budget for Space Operations would include 
     the Space Shuttle and the International Space Station. 
     However, nothing in this section should be construed as 
     allowing NASA to provide less detail than was contained in 
     the fiscal year 2006 budget justification.
     Sec. 101(j). Aeronautics test facilities and simulators
       The aeronautics simulators to be reviewed under section 
     101(j) include at least the following:
         Research Aircraft Simulation Facility at the 
     Dryden Flight Research Center
         Cockpit Motion Facility at the Langley Research 
     Center
         Differential Maneuvering Simulator at the Langley 
     Research Center
         Visual Motion Simulator at the Langley Research 
     Center
         Vertical Motion Simulator at the Ames Research 
     Center
         Crew Vehicle Systems Research Facility at the 
     Ames Research Center
         Future Flight Central at the Ames Research Center
         Virtual Airspace Simulation Tool at the Ames 
     Research Center
         Arc Jet facilities at the Ames Research Center.
     Sec. 102(b). Budget information
       Congress needs to understand fully the implications of 
     building the CEV before NASA commits to this major project. 
     This is a recognition of how central CEV development will be 
     to NASA's activities and budget in the coming years and the 
     need to ensure that adequate resources likely will be 
     available for this development.
       For that reason, absolutely no later than April 1, 2006, 
     NASA must report the expected development cost to the 
     authorizing committees. This is not a transmittal of the 
     development contract itself or a detailed description of a 
     yet-to-be-signed contract. What the committees are seeking is 
     a realistic estimate for the total cost of the program that 
     includes contract costs, government costs, and reserves.
       Along with the estimate of expected costs, the Conference 
     Report requires NASA to calculate two other cost estimates 
     for the CEV based on historic experience with cost growth in 
     relevant programs. NASA should consult the September 2004 
     Congressional Budget Office report, A Budgetary Analysis of 
     NASA's New Vision for Space Exploration, in developing the 
     cost estimates.
       The Conference Report then requires NASA to prepare new 
     `sand charts' covering the period through 2020 that show the 
     expected figures for NASA's primary program areas using each 
     of the CEV cost estimates required by this subsection. All 
     three sand charts should assume inflationary growth for 
     NASA's total funding throughout the period.
     Sec. 102(e). Office of Science and Technology Policy
       The study required by section 102(e) is designed to provide 
     Congress with additional information in reviewing NASA's 
     programs. Therefore, in carrying out the study, the Office of 
     Science and Technology Policy should give deference to 
     Congressional directives, and should assume that any program 
     mandated by Congress is intended to be carried out as 
     authorized. Also, the study should not be used to make any 
     changes in program directions, funding or locations without 
     further consultation with the Congress.
     Sec. 103. Baselines and cost controls
       The conferees support the views expressed in the House 
     report that accompanied H.R. 3070 (House Report 109-173) on 
     Baselines and Cost Controls. The conferees have amended the 
     House language to consolidate the reports into a single 
     document to be provided at the time of the President's annual 
     budget submission and have raised the threshold for the 
     definition of a major program to $250 million. The conferees 
     do not want NASA to lump separate development programs 
     together into a single program for reporting purposes under 
     this provision. For example, NASA may not aggregate the 
     various programs and projects for the mission to return 
     humans to the Moon as a single program. The conferees expect 
     that the CEV, CLV, and other elements of the initiative will 
     be reported as separate activities with their own baselines 
     and annual updates. The conferees also expect the same 
     treatment be provided in reporting major program activities 
     within the Science, Aeronautics, and Education budget 
     account.
       For programs in the development phase at the time this 
     Conference Report is enacted, reports shall reflect the 
     current baseline for cost, schedule and technical content, 
     not the baseline that may have existed at the time the 
     program was approved to proceed to the development phase.
     Sec. 104. Prize authority
       The Conference Report is silent on how intellectual 
     property should be handled as part of the prize program in 
     section 104. NASA should announce the intellectual property 
     policy for each prize in the notice required by subsection 
     (d). The policy should be designed to ensure that the 
     government gets the greatest benefit possible from the prize 
     program, meaning that it should enable the prize program to 
     attract as many contestants as possible and that it should 
     enable the government to make use of any winning ideas. In 
     developing the policy, NASA should review the advantages and 
     disadvantages of all options including having all 
     intellectual property reside with the contestants and the 
     option of requiring the prize winner to give NASA a royalty-
     free license as a condition of receiving prize money. If NASA 
     informs Congress of the intent to award a very large prize 
     under subsection (i)(4), the written notice should include a 
     description of how NASA will handle intellectual property in 
     the contest.
     Sec. 105. Foreign launch vehicles
       This section should not be construed to prevent a 
     consolidated approval of the planned ISS logistical and 
     utilization flights; that is, the section does not require 
     that each planned launch to the ISS trigger a separate 
     interagency review. Additionally, this section is intended to 
     support Presidential policy and timely notification, not

[[Page H12030]]

     inhibit the use of foreign launch vehicles where the Agency 
     feels it helps to meet program goals.
     Sec. 110. Whistleblower protection
       Given that concerns have been expressed about the reporting 
     systems available within NASA and the potential for 
     retaliation against whistleblowers, the conferees want to 
     ensure that NASA develops and implements a plan, consistent 
     with existing law, that provides for the protection of the 
     rights of its employees and prevents retaliation against its 
     employees who raise concerns (1) about substantial and 
     specific dangers to public health or safety or (2) about 
     substantial and specific factors that could threaten the 
     success of a mission. The conferees intend for the phrase 
     ``public health or safety'' to include matters that would 
     affect the health or safety of NASA employees, but not the 
     larger public.
     Sec. 201. Budget structure
       Section 201 establishes a budgetary structure for NASA for 
     fiscal year 2007 and thereafter that consists of the 
     following three appropriation accounts: ``Science, 
     Aeronautics, and Education'', ``Exploration Systems and Space 
     Operations'', and ``Inspector General''.
       The Science, Aeronautics, and Education appropriation 
     account shall include all of the programs in the current 
     Science (including both space science and earth science), 
     Aeronautics, and Education lines proposed in the fiscal year 
     2006 request, except that the Robotic Lunar Exploration 
     Program shall be transferred to the Exploration Systems and 
     Space Operations appropriation account, as NASA has proposed.
       The Exploration Systems and Space Operations appropriation 
     account shall include all programs currently in the 
     Exploration Systems and the Space Operations budgets in the 
     fiscal year 2006 budget request. In addition, the ISS Crew 
     and Cargo Services and the Robotic Lunar Exploration Program 
     shall be included in the Exploration Systems budget, as NASA 
     has proposed. The Space Operations budget shall include the 
     International Space Station and Space Shuttle programs and 
     the Space and Flight Support line.
       The conferees encourage synergy between the Exploration and 
     Space Operations programs to take advantage of common 
     resources and capabilities, when appropriate. Taking 
     advantage of such synergies between the programs should not 
     require the reprogramming of funds because such synergies 
     would merely require charging work related to exploration to 
     the exploration budget and charging work related to space 
     operations to the space operations budget.
       The conferees have included additional funding above the 
     request for the Space Shuttle program in the Space Operations 
     budget to address funding shortfalls in previous projections 
     for Space Shuttle funding.
       While the conferees did not include authorization levels 
     for fiscal year 2009, the conferees believe that NASA should 
     continue to receive in fiscal year 2009 funding sufficient to 
     allow it to pursue robust science, aeronautics and human 
     space flight programs, including sufficient funding to enable 
     the Space Shuttle to operate safely, to complete the assembly 
     of the International Space Station, and to ensure a smooth 
     transition to the CEV and CLV programs. The conferees note 
     that the fiscal year 2006 Budget Request outyear projections 
     did not adequately address Space Shuttle requirements.
       The conferees understand that NASA may not be able to adapt 
     its internal accounting systems to the new appropriation 
     account structure before submitting its fiscal year 2007 
     budget request. NASA should adapt its systems to the new 
     appropriation accounts as swiftly as possible. NASA must 
     have completed the transition by the start of fiscal year 
     2007. The conferees expect that the Authorizing Committees 
     will work with the Appropriations Committees to ensure 
     that NASA has clear and uniform guidance from the Congress 
     on which to base its transition.
       The conferees have granted limited transfer authority to 
     NASA so that it will have the wherewithal to address the 
     immediate costs to the agency of major disasters, acts of 
     terrorism, or emergency rescues of astronauts. It is intended 
     that such transfer authority be used sparingly, and that the 
     affected accounts be restored to the maximum extent 
     practicable by subsequent supplementary funding. The 
     conferees wish to emphasize that the provision of such 
     transfer authority should not be construed as obviating the 
     need to have supplementary funding provided to the agency 
     once the immediate crisis has passed.
       The conferees expect that if any funds authorized by this 
     Act are subject to a reprogramming action (within an account) 
     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.
       In addition, the conferees wish to discourage reprogramming 
     actions that would further reduce the funding available to 
     those programs for which the amount appropriated is less than 
     the amount authorized in this Act. At a minimum, the 
     conferees expect that notice will be provided to the 
     Committee on Science of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate that contains a full and complete statement of the 
     proposed action, its rationale, and the expected impact of 
     such an action.
       In view of the importance of fundamental research both to 
     the education of the next generation of scientists and 
     engineers as well as to the advancement of knowledge, the 
     conferees urge the Administrator, when reprogramming funds to 
     cover cost growth within a program, to protect funds intended 
     for fundamental and applied research and analysis activities 
     to the maximum extent practicable.
     Sec. 304. Assessment of science mission extensions
       The assessments performed under this section may be 
     provided as a single report. The conferees encourage NASA to 
     include all missions within the Sun-Earth Connections 
     division that have exceeded their planned mission lifetime as 
     part of the assessment required in section 304(a)(1), not 
     just the minimum mandatory set of missions identified in that 
     paragraph.
     Sec. 305. Microgravity research
       The conferees believe the United States needs to sustain a 
     viable life and microgravity sciences research capability.
     Sec. 316. Education
       The conferees agree that NASA's education and public 
     outreach programs can contribute to the availability of 
     trained scientists, technologists, engineers, and educators 
     to support U.S. technical geospatial workforce needs in the 
     21st century.
     Title IV. Aeronautics
       Title IV outlines NASA's aeronautics research program. In 
     recent years, this program has been recast several times. The 
     authorization provided, in concert with the national 
     aeronautics policy developed under section 101(c), should 
     help NASA engage in an aeronautics program that is not 
     radically reformed each fiscal year.
       The conferees recognize that over the past several years 
     technological and operational breakthroughs in Unmanned 
     Aerial Vehicles (UAVs) have greatly advanced the capabilities 
     and utility of this class of aircraft. The conferees further 
     note that integrating long endurance UAVs into regulated U.S. 
     airspace safely, seamlessly and securely, will be beneficial 
     to our future in aviation, security, and commerce. The 
     conferees urge NASA to share its data and policy 
     recommendations from NASA's UAVs in the National Airspace 
     System project to other relevant, federal agencies that ask 
     for them. The conferees assume NASA will continue to fund 
     this project in fiscal year 2006 and direct NASA to provide a 
     report 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 15, 
     2006, on the results and policy recommendations to date of 
     the UAVs in the National Airspace System project.
       The conferees consider NASA's aeronautics research and 
     development capabilities to be an important national asset 
     that, when appropriate, can be employed effectively to 
     address challenges facing the nation in ensuring the security 
     of the homeland. However, nothing in section 424 should be 
     construed as requiring NASA to duplicate efforts underway at 
     other agencies of the government. Rather, the conferees 
     assume that any NASA activities in this area will be properly 
     aligned with national requirements.
     Sec. 503. Requirements
       The conferees are concerned about the individuals and 
     organizations who in good faith entered into contracts with 
     NASA for Exploration Systems Research and Technology (ESR&T) 
     and Human Systems Research and Technology (HSR&T) projects 
     that NASA is now terminating in order to redirect funding to 
     activities that it believes are of higher priority in its 
     implementation of the new Exploration Systems Architecture. 
     The conferees believe that NASA should work with the affected 
     contractors to determine the extent to which the scope of the 
     existing work plans might be altered to better comport with 
     the goals of the new Exploration Systems Architecture, with 
     emphasis on applications of enabling technologies to enhance 
     exploration mission success. The conferees would urge NASA to 
     notify affected contractors of the new Exploration Systems 
     Architecture, and as part of the planned contract termination 
     activities, provide them with a timetable and appropriate 
     NASA technical assistance to determine whether an appropriate 
     modification of their contract scope would enable them to 
     conform to the new priorities resulting from the Exploration 
     Systems Architecture.
     Sec. 616. Museums
       The conferees recognize the important role that informal 
     science education can play in capturing the imagination of 
     the young and inspiring future scientists, mathematicians and 
     engineers. The conferees encourage NASA to continue to look 
     for opportunities to help science museums improve their 
     offerings, particularly their programs to educate students 
     and to attract more students from under-represented groups 
     into scientific fields. As with other education programs, 
     NASA should ensure that it is evaluating the impact of any 
     grants it provides to help museums reach more students 
     through new exhibits or programs.
     Sec. 618. Continuation of certain educational programs
       The National Space Grant College and Fellowship Program is 
     a highly successful national network of colleges and 
     universities

[[Page H12031]]

     that is supporting and enhancing science, technology, and 
     mathematics education, research, and public outreach 
     programs. The network includes over 850 affiliates in 
     academia, business, museums and science centers, as well as 
     state and local agencies. The Space Grant program provides 
     scholarship and fellowship opportunities to students in every 
     state, Puerto Rico, and the District of Columbia. Space Grant 
     is an established and demonstrably effective national 
     mechanism for attracting and retaining students in science, 
     technology, and mathematics. The conferees strongly support 
     its continuation at robust levels within NASA's education 
     program.
       The Experimental Program to Stimulate Competitive Research 
     (EPSCoR) provides States of modest research infrastructure 
     with funding to develop a more competitive research base 
     within their State and member academic institutions. A total 
     of seven Federal agencies conduct EPSCoR programs which build 
     infrastructure and broaden the participation of states in the 
     Federal research enterprise. The conferees strongly support 
     its continuation at robust levels within NASA's education 
     program.
     Sec. 703. NASA scholarships
       Current law has two slightly different versions of law 
     providing NASA with the authority to provide scholarships. 
     Section 703 corrects this disparity.


                          Additional Concerns

       The conferees are aware of the issues surrounding NASA's 
     use of its Mission Management aircraft. Therefore, the 
     conferees request that NASA transmit a report to the 
     authorizing committees by April 1, 2006, describing current 
     policies concerning the use of NASA aircraft, the source of 
     those policies, the extent of any adverse impact to the 
     Agency and its ability to fulfill its mandates as prescribed 
     in the Space Act, as amended, and any recommended changes to 
     those policies that would assist NASA in carrying out its 
     operations in fulfillment of those mandates.

     From the Committee on Science, for consideration of the 
     Senate bill and the House amendment, and modifications 
     committed to conference:
     Sherwood Boehlert,
     Ken Calvert,
     Ralph M. Hall,
     Lamar Smith,
     Bart Gordon,
     Mark Udall,
     Michael M. Honda,
     Ms. Jackson-Lee of Texas is appointed in lieu of Mr. Honda 
     for consideration of secs. 111 and 615 of the House 
     amendment, and modifications committed to conference.
     Sheila Jackson-Lee
     For consideration of the Senate bill and House amendment, and 
     modifications committed to conference:
     Tom DeLay,
                                Managers on the Part of the House.

     Ted Stevens,
     Trent Lott,
     Kay Bailey Hutchison,
     Daniel K. Inouye,
     Bill Nelson,
     Managers on the Part of the Senate.

                          ____________________