[Congressional Record (Bound Edition), Volume 151 (2005), Part 16]
[Senate]
[Pages 21458-21463]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1875. Mr. GRAHAM (for Mrs. Hutchison (for herself and Mr. Nelson 
of Florida)) proposed an amendment 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; as follows:

       On page 2, after line 8, beginning with the item relating 
     to section 137 strike through the item relating to section 
     152 on page 3 and insert the following:

Sec. 137. Lessons learned and best practices.
Sec. 138. Safety management.
Sec. 139. Creation of a budget structure that aids effective oversight 
              and management.
Sec. 140. Earth observing system.
Sec. 141. NASA healthcare program.
Sec. 142. Assessment of extension of data collection from Ulysses and 
              Voyager spacecraft.
Sec. 143. Program to expand distance learning in rural underserved 
              areas.
Sec. 144. Institutions in NASA'S minority institutions program.
Sec. 145. Aviation safety program.
Sec. 146. Atmospheric, geophysical, and rocket research authorization.
Sec. 147. Orbital debris.
Sec. 148. Continuation of certain educational programs.
Sec. 149. Establishment of the Charles ``Pete'' Conrad Astronomy Awards 
              Program.
Sec. 150. GAO assessment of feasibility of Moon and Mars exploration 
              missions.
Sec. 151. Workforce.
Sec. 152. Major research equipment and facilities.
Sec. 153. Data on specific fields of study.

       On page 3, before line 1, strike the second item relating 
     to section 161 and insert the following:

Sec. 162. Facilities management.

       On page 3, before line 1, after the item relating to 
     section 304 insert the following:

Sec. 305. Power and propulsion reporting.
Sec. 306. Utilization of NASA field centers and workforce.

       On page 3, before line 1, beginning with the item relating 
     to section 402 strike through the item relating to section 
     507 and insert the following:

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

             TITLE V--AERONAUTICS RESEARCH AND DEVELOPMENT

Sec. 501. Governmental interest in aeronautics.
Sec. 502. National policy for aeronautics research and development.
Sec. 503. High priority aeronautics research and development programs.
Sec. 504. Test facilities.
Sec. 505. Miscellaneous provisions.

          TITLE VI--MISCELLANEOUS ADMINISTRATIVE IMPROVEMENTS.

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

       On page 4, strike lines 16 through 22, and insert the 
     following:

[[Page 21459]]

       (4) The exploration, development, and permanent habitation 
     of the Moon will inspire the Nation, spur commerce, 
     imagination, and excitement around the world, and open the 
     possibility of further exploration of Mars. NASA should 
     return to the Moon within the next decade.
       On page 10, line 7, strike ``schedules;'' and insert 
     ``schedules, and may place a greater emphasis on science, 
     including the programs described in this paragraph, 
     throughout the fiscal years for which funds are authorized by 
     this Act (and for this purpose, of the funds authorized by 
     section 101(1) of this Act, no less than $5,341,200,000 shall 
     be for science, and of the funds authorized by section 102(1) 
     of this Act, no less than $5,960,300,000 shall be for 
     science);''.
       On page 14, line 12, strike ``and''.
       On page 14, line 17, strike ``orbit.'' and insert 
     ``orbit;''.
       On page 14, between lines 17 and 18, insert the following:
       (5) conduct a program to assure the health and safety of 
     astronauts during extended space exploration missions which 
     include more effective countermeasures to mitigate 
     deleterious effects of such missions, and the means to 
     provide in-space exploration medical care delivery to crews 
     with little or no real-time support from Earth, relevant 
     issues such as radiation exposure, exercise countermeasures, 
     cardiac health, diagnostic and monitoring devices, and 
     medical imaging;
       (6) utilize advanced power and propulsion technologies, 
     including nuclear and electric technologies, to enable or 
     enhance robotic and human exploration missions when feasible; 
     and
       (7) develop a robust technology development program to 
     provide surface power for use on the Moon and other locations 
     relevant to NASA space exploration goals which, to the extent 
     feasible, address needs for modular, scalable power sources 
     for a range of applications on the Moon including human and 
     vehicular uses.
       On page 16, beginning with line 8, strike through line 12 
     on page 18.
       On page 18, line 13, strike ``SEC 139.'' and insert ``SEC. 
     137.''.
       On page 19, line 9, strike ``SEC. 140.'' and insert ``SEC. 
     138.''.
       On page 20, line 20, strike ``SEC. 141.'' and insert ``SEC. 
     139.''.
       On page 21, line 17, strike ``SEC. 142.'' and insert ``SEC. 
     140.''.
       On page 23, line 9, strike ``SEC. 143.'' and insert ``SEC. 
     141.''.
       On page 23, line 17, strike ``SEC. 144.'' and insert ``SEC. 
     142.''.
       On page 24, line 8, strike ``SEC. 145.'' and insert ``SEC. 
     143.''.
       On page 25, line 4, strike ``SEC. 146.'' and insert ``SEC. 
     144.''.
       On page 25, line 23, strike ``SEC. 147.'' and insert ``SEC. 
     145.''.
       On page 26, line 6, strike ``SEC. 148.'' and insert ``SEC. 
     146.''.
       On page 26, line 13, strike ``SEC. 149.'' and insert ``SEC. 
     147.''.
       On page 26, line 18, strike ``SEC. 150.'' and insert ``SEC. 
     148.''.
       On page 27, line 1, strike ``SEC. 151.'' and insert ``SEC. 
     149.''.
       On page 28, line 3, strike ``SEC. 152.'' and insert ``SEC. 
     150.''.
       On page 28, line 12, after ``schedules.'' insert ``The 
     Comptroller General shall include in this assessment the 
     short- and long-term impact of the exploration program on 
     other NASA program areas, including aeronautics, space 
     science, earth science and NASA's overall research and 
     technology development budget.''.
       On page 28, between lines 12 and 13, insert the following:

     SEC. 151. WORKFORCE.

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

     SEC. 152. MAJOR RESEARCH EQUIPMENT AND FACILITIES.

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

     SEC. 153. DATA ON SPECIFIC FIELDS OF STUDY.

       (a) In General.--The National Science Foundation shall 
     collect statistically reliable data through the American 
     Community Survey on the field of degree of college-educated 
     individuals.
       (b) Additional Census Question.--In order to facilitate the 
     implementation of subsection (a), the Secretary of Commerce 
     shall expand the American Community Survey to include a 
     question to elicit information concerning the field of study 
     in which college-educated individuals received their degrees. 
     The Director of the Bureau of the Census shall consult with 
     the Director of the National Science Foundation concerning 
     the wording of the question or questions to be added to the 
     Survey.
       On page 28, beginning with line 21, strike through line 5 
     on page 30 and insert the following:
       NASA shall develop a facilities investment plan through 
     fiscal year 2015 that takes into account uniqueness, mission 
     dependency, and other studies required by this Act.
       On page 33, line 2, strike ``and''.
       On page 33, between lines 2 and 3, insert the following:
       (4) consider the need for a life sciences centrifuge and 
     any associated holding facilities; and
       On page 33, line 3, strike ``(4)'' and insert ``(5)''.
       On page 38, beginning with line 24, strike through line 9 
     on page 39 and insert the following:
       (a) Policy Statement.--It is the policy of the United 
     States to possess the capability for assured human access to 
     space. The Administrator shall act to ensure that the United 
     States retains that capacity on a continuous basis. The 
     Administrator shall conduct the transition from the Space 
     Shuttle orbiter to a replacement capacity in a manner that 
     efficiently uses the personnel, capabilities, and 
     infrastructure that are currently available to the extent 
     feasible.
       (b) Progress Report.--Within 180 days after the date of 
     enactment of this Act and annually thereafter, the 
     Administrator shall report to the Senate Committee on 
     Commerce, Science, and Transportation and the House of 
     Representatives Committee on Science on the progress and the 
     estimated amount of time before the next generation human-
     rated NASA spacecraft will demonstrate crewed, orbital 
     spaceflight.
       (c) Policy Compliance Report.--If, 1 year before the final 
     flight of the Space Shuttle

[[Page 21460]]

     orbiter, the United States has not demonstrated a replacement 
     human space flight system, the Administrator shall certify 
     that the United States cannot uphold the policy outlined in 
     subsection (a) and shall provide a report to the Senate 
     Committee on Commerce, Science, and Transportation and the 
     House of Representatives Committee on Science describing--
       (1) United States strategic risks associated with the 
     hiatus or gap;
       (2) the estimated length of time during which the United 
     States will not have independent human access to space;
       (3) what steps will be taken to shorten that length of 
     time; and
       (4) what other means will be used to allow human access to 
     space during that time.
       On page 39, line 10, strike ``(b) Report.--'' and insert 
     ``(d) Transition Plan Report.--''.
       On page 39, line 19, strike ``(c)'' and insert ``(e)''.
       On page 40, line 7, strike ``In'' and insert ``(a) In 
     General.--In''.
       On page 40, between lines 12 and 13, insert the following:
       (b) Feasibility Study.--The Administrator shall initiate a 
     feasibility study for establishing a National Free Flyer 
     Launch Center as a means of consolidating and integrating 
     secondary launch capabilities, launch opportunities, and 
     payloads.
       (c) Assessment.--The feasibility study required in this 
     section shall include an assessment of the potential 
     utilization of existing launch and launch support facilities 
     and capabilities in the states of Montana and New Mexico and 
     their respective contiguous states, and the state of Alaska, 
     and shall include an assessment of the feasibility of 
     integrating the potential National Free Flyer Launch Center 
     within the operations and facilities of an existing non-
     profit organization such as the Inland Northwest Space 
     Alliance in Missoula, Montana, or similar entity.

     SEC. 305. POWER AND PROPULSION REPORTING.

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

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

       (a) In General.--In budgeting for and carrying out elements 
     of this title, the Administrator shall make the most 
     effective use of existing research, development, testing, and 
     space exploration expertise and facilities resident within 
     NASA field centers.
       (b) Responsibilities of Field Centers.--The Administrator 
     shall take appropriate action to balance responsibilities 
     between the field centers for leading the development of 
     systems relevant to the Vision for Space Exploration, 
     including systems identified in this title or any 
     architecture studies performed by NASA.
       On page 41, between lines 15 and 16, insert the following:

     SEC. 402. COMMERCIAL TECHNOLOGY TRANSFER PROGRAM.

       (a) In General.--The Administrator shall execute a 
     commercial technology transfer program with the goal of 
     facilitating the exchange services, products, and 
     intellectual property between NASA and the private sector. 
     This program shall be maintained in a manner that provides 
     measurable benefits for the agency, the domestic economy, and 
     research communities.
       (b) Program Structure.--In carrying out the program 
     described in paragraph (a), the Administrator shall maintain 
     the funding and program structure of NASA's existing 
     technology transfer and commercialization organizations 
     through the end of fiscal year 2006.
       On page 41, line 16, strike ``SEC. 402.'' and insert ``SEC. 
     403.''.
       On page 45, line 1, strike ``SEC. 403.'' and insert ``SEC. 
     404.''.
       On page 45, between lines 7 and 8, insert the following:

             TITLE V--AERONAUTICS RESEARCH AND DEVELOPMENT

     SEC. 501. GOVERNMENTAL INTEREST IN AERONAUTICS.

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

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

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

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

       (a) In General.--In its role as lead agency for civil 
     aeronautics research and development, NASA shall develop 
     programs and projects in accordance with the National 
     Aeronautics Policy described in section 502, as well program 
     areas listed in subsection (b). These programs must be driven 
     by scientific merit.
       (b) Research and Development.--In executing an aeronautics 
     research and development program, the Administrator shall, at 
     a minimum, within the budgetary and programmatic resources 
     provided, conduct programs in the following areas:
       (1) Fundamental research.--The Administrator shall 
     establish a program of long-term fundamental research in 
     aeronautical sciences and technologies that is not tied to 
     specific development projects. The Administrator shall set 
     aside no less than 5 percent of the aeronautics budget for 
     this program. As part of this program, the Administrator is 
     encouraged to make merit-reviewed grants to institutions of 
     higher learning, including such institutions located in 
     states that participate in the Experimental Program to 
     Stimulate Competitive Research.
       (2) Vehicle systems research and technology.--In order to 
     maintain United States economic competitiveness and protect 
     the environment, the Administrator shall establish programs 
     in each of the following technology areas:
       (A) Environmental aircraft research and development.--The 
     Administrator shall establish an initiative with the 
     objective of developing and demonstrating in a relevant 
     environment, technologies to enable the following commercial 
     aircraft performance characteristics:
       (i) Noise.--Noise levels on takeoff and on airport approach 
     and landing that do not exceed ambient noise levels in the 
     absence of flight operations in the vicinity of airports from 
     which such commercial aircraft would normally operate;
       (ii) Energy consumption.--Twenty-five percent reduction in 
     the energy required for medium to long range flights, 
     compared to aircraft in commercial service as of the date of 
     enactment of this Act; and
       (iii) Emissions.--Nitrogen oxides on take-off and landing 
     that are significantly reduced, without adversely affecting 
     hydrocarbons and smoke, relative to aircraft in commercial 
     service as of the date of enactment of this Act.

[[Page 21461]]

       (B) Supersonic transport research and development.--The 
     Administrator shall establish an initiative with the 
     objective of developing and demonstrating in a relevant 
     environment within airframe and propulsion technologies to 
     enable efficient, economical overland flight of supersonic 
     civil transport aircraft with no significant impact on the 
     environment.
       (C) Rotorcraft and other runway-independent air vehicles.--
     The Administrator shall establish a rotorcraft and other 
     runway-independent air vehicles initiative with the objective 
     of developing and demonstrating improved safety, noise, and 
     environmental impact in a relevant environment.
       (D) Hypersonics research.--The Administrator shall 
     establish a hypersonics research program whose objective 
     shall be to explore the science and technology of hypersonic 
     flight using air-breathing propulsion concepts, through a mix 
     of theoretical work, basic and applied research, and 
     development of flight research demonstration vehicles. 
     Emphasis in the program shall be given to advancing and 
     demonstrating turbine engine technology in the transition to 
     hypersonic range Mach 3 to Mach 5.
       (E) Revolutionary aeronautical concepts.--The Administrator 
     shall establish a research program which covers a unique 
     range of subsonic, fixed wing vehicles and propulsion 
     concepts. This research is intended to push technology 
     barriers beyond current subsonic technology. Propulsion 
     concepts include advanced materials, morphing engines, hybrid 
     engines, and fuel cells.
       (F) More electric aircraft initiative.--The Administrator 
     shall establish a program for innovative and focused research 
     and development such as fuel cell technologies.
       (3) Airspace systems research.--The Airspace Systems 
     Research program shall pursue research and development to 
     enable revolutionary improvements to and modernization of the 
     National Airspace system, as well as to enable the 
     introduction of new systems for vehicles that can take 
     advantage of an improved, modern air transportation system. 
     In pursuing research and development in this area, the 
     Administrator shall align the projects of the Airspace 
     Systems Research program so that they directly support the 
     objectives of the Joint Planning and Development Office's 
     Next Generation air Transportation System Integrated Plan.
       (4) Aviation safety and security research.--The Aviation 
     Safety and Security Research program shall pursue research 
     and development activities that directly address the safety 
     and security needs of the National Airspace System and the 
     aircraft that fly in it.

     SEC. 504. TEST FACILITIES.

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

     SEC. 505. MISCELLANEOUS PROVISIONS.

       (a) Workforce Development.--The Administrator shall 
     encourage the development of a skilled and diverse 
     aeronautics research workforce using appropriate available 
     tools such as grants, scholarships for service, and 
     fellowships.
       (b) Alignment of Programs.--Notwithstanding any other 
     provision of this title, the Administrator shall align NASA's 
     aeronautics program with priorities established by the Joint 
     Planning and Development Office and by the National 
     Aeronautics Policy described in section 502 of this Act.
       On page 45, line 8, strike ``TITLE V'' and insert ``TITLE 
     VI''.
       On page 45, line 11, strike ``SEC. 501'' and insert ``SEC. 
     601.''.
       On page 45, line 17, strike ``SEC. 502'' and insert ``SEC. 
     602.''.
       On page 49, line 1, strike ``SEC. 503'' and insert ``SEC. 
     603.''.
       On page 49, line 3, strike ``502'' and insert ``602''.
       On page 49, line 16, strike ``SEC. 504'' and insert ``SEC. 
     604.''.
       On page 51, line 1, strike ``SEC. 505'' and insert ``SEC. 
     605.''.
       On page 52, line 1, strike ``SEC. 506'' and insert ``SEC. 
     606.''.
       On page 57, line 7, strike ``SEC. 507'' and insert ``SEC. 
     607.''.
       On page 57, strike line 17 through line 19.
       On page 58, after line 5, add the following:
       (3) Section 323 of the National Aeronautics and Space 
     Administration Authorization Act of 2000 is amended by 
     striking subsection (a).

     SEC. 608. SMALL BUSINESS CONTRACTING.

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

     SEC. 609. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW AND REPORT.

       (a) Review.--The Comptroller General of the United States 
     shall conduct a review of NASA's policies, processes, and 
     procedures in the planning and management of applications 
     research and development implemented in calendar years 2001 
     to 2005 within the Applied Sciences Directorate and former 
     Earth Science Applications Program. A formal and transparent 
     peer review process that instills public and stakeholder 
     confidence in NASA's sponsored applications research and 
     development programs is important and the process by which 
     this program defines requirements, scopes programs, selects 
     peer reviewers, manages the research competition, and selects 
     proposals is of concern. The review shall include--
       (1) the program planning and analysis process used to 
     formulate applied science research and development 
     requirements, priorities, and solicitation schedules, 
     including changes to the process within the period under 
     review, and the effects of such planning on the quality and 
     clarity of applied sciences research announcements;
       (2) the peer review process including--
       (A) membership selection, determination of qualifications 
     and use of NASA and non-NASA reviewers;
       (B) management of conflicts of interest, including 
     reviewers funded by the program with a significant consulting 
     or contractual relationship with NASA, and individuals who 
     both review proposals and participate in the submission of 
     proposals under the same solicitation announcement;
       (C) compensation of non-NASA proposal reviewers;
       (3) the process for assigning or allocating applied 
     research to NASA researchers and to non-NASA researchers; and
       (4) alternative models for NASA planning and management of 
     applied science and applications research, including an 
     evaluation of--
       (A) the National Institutes of Health's intramural and 
     extramural research program structure, peer review process, 
     management of conflicts of interests, compensation of 
     reviewers, and the effects of compensation on reviewer 
     efficiency and quality;
       (B) the Department of Agriculture's research programs and 
     structure, peer review process, management of conflicts of 
     interest, compensation of reviewers, and the effects of 
     compensation on reviewer efficiency and quality; and
       (C) the ``best practices'' of both in the planning, 
     selection, and management of applied sciences research and 
     development.
       (b) Report.--Not later than 1 year after the date of the 
     enactment of this Act, the Comptroller General shall submit a 
     report to the Senate Committee on Commerce, Science, and 
     Transportation and the House of Representatives Committee on 
     Science describing the results of the review conducted under 
     subsection (a), including recommendations for NASA best 
     practices.
       (c) Implementation.--Not later than 90 days after receipt 
     of the report, NASA shall provide the Senate Committee on 
     Commerce, Science, and Transportation and the House of 
     Representatives Committee on Science a plan describing the 
     implementation of those recommendations.
                                 ______
                                 
  SA 1876. Ms. SNOWE (for herself and Ms. Collins) submitted an 
amendment intended to be proposed by her to the bill S. 1042, to 
authorize appropriations for fiscal year 2006 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 371, between lines 8 and 9, insert the following:

     SEC. 2887. TRANSFER TO REDEVELOPMENT AUTHORITIES WITHOUT 
                   CONSIDERATION OF PROPERTY LOCATED AT MILITARY 
                   INSTALLATIONS CLOSED OR REALIGNED UNDER 2005 
                   ROUND OF DEFENSE BASE CLOSURE AND REALIGNMENT.

       Section 2905(b)(4)(B) of the Defense Base Closure and 
     Realignment Act of 1990 (part A of title XXIX of Public Law 
     101-510; 10 U.S.C. 2687 note) is amended--
       (1) by striking ``shall seek'' and all that follows through 
     ``with respect to the installation'' and inserting the 
     following: ``may not obtain consideration in connection with 
     any transfer under this paragraph of property located at the 
     installation. The redevelopment authority to which such 
     property is transferred shall'';

[[Page 21462]]

       (2) in clause (i), by striking ``agrees'' and inserting 
     ``agree''; and
       (3) in clause (ii)--
       (A) by striking ``executes'' and inserting ``execute''; and
       (B) by striking ``accepts'' and inserting ``accept''.
                                 ______
                                 
  SA 1877. Ms. SNOWE (for herself and Ms. Collins) submitted an 
amendment intended to be proposed by her to the bill S. 1042, to 
authorize appropriations for fiscal year 2006 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 371, between lines 8 and 9, insert the following:

     SEC. 2887. ENVIRONMENTAL REMEDIATION AT MILITARY 
                   INSTALLATIONS CLOSED UNDER 2005 ROUND OF 
                   DEFENSE BASE CLOSURE AND REALIGNMENT.

       Section 2905 of the Defense Base Closure and Realignment 
     Act of 1990 (part A of title XXIX of Public Law 101-510; 10 
     U.S.C. 2687 note) is amended by inserting after subsection 
     (e) the following new subsection:
       ``(f) Scope of Environmental Remediation at Military 
     Installations Closed Under 2005 Round of Base Closure and 
     Realignment.--
       ``(1) Agreement required.--With respect to each military 
     installation approved for closure under this part after 
     January 1, 2005, the Secretary of Defense shall enter into an 
     agreement with the chief executive officer of the State in 
     which such military installation is located regarding the 
     environmental remediation of property and facilities at such 
     installation.
       ``(2) Content of agreement.--Each agreement entered into 
     under paragraph (1) shall include--
       ``(A) a description of the remediation to be performed by 
     the Department of Defense, including the level of remediation 
     necessary for the redevelopment of such property and 
     facilities; and
       ``(B) a schedule for such remediation.''.
                                 ______
                                 
  SA 1878. Ms. SNOWE submitted an amendment intended to be proposed by 
her to the bill S. 1042, to authorize appropriations for fiscal year 
2006 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 371, between lines 8 and 9, insert the following:

     SEC. 2887. LIMITATION ON TRANSFER OF UNITS UNDER THE 2005 
                   ROUND OF DEFENSE BASE CLOSURE AND REALIGNMENT 
                   PENDING READINESS OF RECEIVING LOCATIONS.

       The Secretary of Defense may not transfer any unit from a 
     military installation closed or realigned as part of the 2005 
     round of defense base closure and realignment under the 
     Defense Base Closure and Realignment Act of 1990 (part A of 
     title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) until 
     the Secretary certifies that all facilities and 
     infrastructure necessary to support such unit at the military 
     installation to which the unit will be transferred are ready 
     for use by such unit.
                                 ______
                                 
  SA 1879. Ms. SNOWE (for herself and Ms. Collins) submitted an 
amendment intended to be proposed by her to the bill S. 1042, to 
authorize appropriations for fiscal year 2006 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle C of title III, add the following:

     SEC. 330. NAVY HUMAN RESOURCES BENEFIT CALL CENTER.

       Of the amount authorized to be appropriated by section 
     301(2) for operation and maintenance for the Navy, $1,500,000 
     may be available for Civilian Manpower and Personnel for a 
     Human Resources Benefit Call Center in Machias, Maine.
                                 ______
                                 
  SA 1880. Mr. BROWNBACK submitted an amendment intended to be proposed 
by him to the bill S. 147, to express the policy of the United States 
regarding the United States relationship with Native Hawaiians and to 
provide a process for the recognition by the United States of the 
Native Hawaiian governing entity; which was ordered to lie on the 
table; as follows:

       On page 73, between lines 12 and 13, insert the following:

     SEC. __. RESOLUTION OF APOLOGY TO THE NATIVE PEOPLES OF THE 
                   UNITED STATES.

       (a) Findings.--Congress finds that--
       (1) the ancestors of today's Native Peoples inhabited the 
     land of the present-day United States since time immemorial 
     and for thousands of years before the arrival of people of 
     European descent;
       (2) the Native Peoples have for millennia honored, 
     protected, and stewarded this land we cherish;
       (3) the Native Peoples are spiritual peoples with a deep 
     and abiding belief in the Creator, and for millennia their 
     people have maintained a powerful spiritual connection to 
     this land, as is evidenced by their customs and legends;
       (4) the arrival of Europeans in North America opened a new 
     chapter in the histories of the Native Peoples;
       (5) while establishment of permanent European settlements 
     in North America did stir conflict with nearby Indian tribes, 
     peaceful and mutually beneficial interactions also took 
     place;
       (6) the foundational English settlements in Jamestown, 
     Virginia, and Plymouth, Massachusetts, owed their survival in 
     large measure to the compassion and aid of the Native Peoples 
     in their vicinities;
       (7) in the infancy of the United States, the founders of 
     the Republic expressed their desire for a just relationship 
     with the Indian tribes, as evidenced by the Northwest 
     Ordinance enacted by Congress in 1787, which begins with the 
     phrase, ``The utmost good faith shall always be observed 
     toward the Indians'';
       (8) Indian tribes provided great assistance to the 
     fledgling Republic as it strengthened and grew, including 
     invaluable help to Meriwether Lewis and William Clark on 
     their epic journey from St. Louis, Missouri, to the Pacific 
     Coast;
       (9) Native Peoples and non-Native settlers engaged in 
     numerous armed conflicts;
       (10) the United States Government violated many of the 
     treaties ratified by Congress and other diplomatic agreements 
     with Indian tribes;
       (11) this Nation should address the broken treaties and 
     many of the more ill-conceived Federal policies that 
     followed, such as extermination, termination, forced removal 
     and relocation, the outlawing of traditional religions, and 
     the destruction of sacred places;
       (12) the United States forced Indian tribes and their 
     citizens to move away from their traditional homelands and 
     onto federally established and controlled reservations, in 
     accordance with such Acts as the Act of May 28, 1830 (4 Stat. 
     411, chapter 148) (commonly known as the ``Indian Removal 
     Act'');
       (13) many Native Peoples suffered and perished--
       (A) during the execution of the official United States 
     Government policy of forced removal, including the infamous 
     Trail of Tears and Long Walk;
       (B) during bloody armed confrontations and massacres, such 
     as the Sand Creek Massacre in 1864 and the Wounded Knee 
     Massacre in 1890; and
       (C) on numerous Indian reservations;
       (14) the United States Government condemned the traditions, 
     beliefs, and customs of the Native Peoples and endeavored to 
     assimilate them by such policies as the redistribution of 
     land under the Act of February 8, 1887 (25 U.S.C. 331; 24 
     Stat. 388, chapter 119) (also known as the ``General 
     Allotment Act''), and the forcible removal of Native children 
     from their families to faraway boarding schools where their 
     Native practices and languages were degraded and forbidden;
       (15) officials of the United States Government and private 
     United States citizens harmed Native Peoples by the unlawful 
     acquisition of recognized tribal land and the theft of tribal 
     resources and assets from recognized tribal land;
       (16) the policies of the United States Government toward 
     Indian tribes and the breaking of covenants with Indian 
     tribes have contributed to the severe social ills and 
     economic troubles in many Native communities today;
       (17) despite the wrongs committed against Native Peoples by 
     the United States, the Native Peoples have remained committed 
     to the protection of this great land, as evidenced by the 
     fact that, on a per capita basis, more Native people have 
     served in the United States Armed Forces and placed 
     themselves in harm's way in defense of the United States in 
     every major military conflict than any other ethnic group;
       (18) Indian tribes have actively influenced the public life 
     of the United States by continued cooperation with Congress 
     and the Department of the Interior, through the involvement 
     of Native individuals in official United States Government 
     positions, and by leadership of their own sovereign Indian 
     tribes;
       (19) Indian tribes are resilient and determined to 
     preserve, develop, and transmit to future generations their 
     unique cultural identities;
       (20) the National Museum of the American Indian was 
     established in the Smithsonian Institution as a living 
     memorial to the Native Peoples and their traditions; and
       (21) Native People are endowed by their Creator with 
     certain unalienable rights, and

[[Page 21463]]

     that among those are life, liberty, and the pursuit of 
     happiness.
       (b) Acknowledgment and Apology.--The United States, acting 
     through Congress--
       (1) recognizes the special legal and political relationship 
     the Indian tribes have with the United States and the solemn 
     covenant with the land we share;
       (2) commends and honors the Native Peoples for the 
     thousands of years that they have stewarded and protected 
     this land;
       (3) recognizes that there have been years of official 
     depredations, ill-conceived policies, and the breaking of 
     covenants by the United States Government regarding Indian 
     tribes;
       (4) apologizes on behalf of the people of the United States 
     to all Native Peoples for the many instances of violence, 
     maltreatment, and neglect inflicted on Native Peoples by 
     citizens of the United States;
       (5) expresses its regret for the ramifications of former 
     wrongs and its commitment to build on the positive 
     relationships of the past and present to move toward a 
     brighter future where all the people of this land live 
     reconciled as brothers and sisters, and harmoniously steward 
     and protect this land together;
       (6) urges the President to acknowledge the wrongs of the 
     United States against Indian tribes in the history of the 
     United States in order to bring healing to this land by 
     providing a proper foundation for reconciliation between the 
     United States and Indian tribes; and
       (7) commends the State governments that have begun 
     reconciliation efforts with recognized Indian tribes located 
     in their boundaries and encourages all State governments 
     similarly to work toward reconciling relationships with 
     Indian tribes within their boundaries.
       (c) Disclaimer.--Nothing in this section--
       (1) authorizes or supports any claim against the United 
     States; or
       (2) serves as a settlement of any claim against the United 
     States.
                                 ______
                                 
  SA 1881. Ms. SNOWE submitted an amendment intended to be proposed by 
her to the bill S. 1042, to authorize appropriations for fiscal year 
2006 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 378, between lines 10 and 11, insert the following:

     SEC. 3114. SMALL AND RENEWABLE POWER CONTRACTS.

       Section 501(b)(1) of title 40, United States Code, is 
     amended by striking subparagraph (B) and inserting the 
     following:
       ``(B) Public utility contracts.--
       ``(i) Term.--A contract for public utility services may be 
     made for a period of not more than 20 years.
       ``(ii) Definition of public utility electric services.--In 
     this subparagraph, the term `public utility services', with 
     respect to electricity services, includes electricity 
     supplies and services, including transmission, generation, 
     distribution, and other services directly used in providing 
     electricity.''.

                          ____________________