[Congressional Record (Bound Edition), Volume 151 (2005), Part 16]
[Senate]
[Pages 21465-21475]
[From the U.S. Government Publishing Office, www.gpo.gov]




NATIONAL AERONAUTICS AND SPACE ADMINISTRATION AUTHORIZATION ACT OF 2005

  Mr. GRAHAM. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 174, S. 1281.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A 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.

  There being no objection, the Senate proceeded to consider the bill 
which had been reported from the Committee on Commerce, Science and 
Transportation with amendments.
  (Strike the parts shown in black brackets and insert the parts shown 
in italic.)

                                S. 1281

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as ``National 
     Aeronautics and Space Administration Authorization Act of 
     2005''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

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

                TITLE I--AUTHORIZATION OF APPROPRIATIONS

                       Subtitle A--Authorizations

Sec. 101. Fiscal year 2006.
Sec. 102. Fiscal year 2007.
Sec. 103. Fiscal year 2008.
Sec. 104. Fiscal year 2009.
Sec. 105. Fiscal year 2010.
Sec. 106. Evaluation criteria for budget request.

                     Subtitle B--General Provisions

Sec. 131. Implementation of a science program that extends human 
              knowledge and understanding of the Earth, sun, solar 
              system, and the universe.
Sec. 132. Biennial reports to Congress on science programs.
Sec. 133. Status report on Hubble Space Telescope servicing mission.
Sec. 134. Develop expanded permanent human presence beyond low-Earth 
              orbit.
Sec. 135. Ground-based analog capabilities.
Sec. 136. Space launch and transportation transition, capabilities, and 
              development.
Sec. 137. National policy for aeronautics research and development.
Sec. 138. Identification of unique NASA core aeronautics research.
Sec. 139. Lessons learned and best practices.
Sec. 140. Safety management.
Sec. 141. Creation of a budget structure that aids effective oversight 
              and management.
Sec. 142. Earth observing system.
Sec. 143. NASA healthcare program.
Sec. 144. Assessment of extension of data collection from Ulysses and 
              Voyager spacecraft.
Sec. 145. Program to expand distance learning in rural underserved 
              areas.
Sec. 146. Institutions in NASA'S minority institutions program.
Sec. 147. Aviation safety program.
Sec. 148. Atmospheric, geophysical, and rocket research authorization.
Sec. 149. Orbital debris.
Sec. 150. Continuation of certain educational programs.
Sec. 151. Establishment of the Charles ``Pete'' Conrad Astronomy Awards 
              Program.
Sec. 152. GAO assessment of feasibility of Moon and Mars exploration 
              missions.

             Subtitle C--Limitations and Special Authority

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

                 TITLE II--INTERNATIONAL SPACE STATION

Sec. 201. International Space Station completion.
Sec. 202. Research and support capabilities on international Space 
              Station.
Sec. 20d. National laboratory status for International Space Station.
Sec. 204. Commercial support of International Space Station operations 
              and utilization.
Sec. 205. Use of the International Space Station and annual report.

            TITLE III--NATIONAL SPACE TRANSPORTATION POLICY

Sec. 301. United States human-rated launch capacity assessment.
Sec. 302. Space Shuttle transition.
Sec. 303. Commercial launch vehicles.
Sec. 304. Secondary payload capability.

                 TITLE IV--ENABLING COMMERCIAL ACTIVITY

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

           TITLE V--MISCELLANEOUS ADMINISTRATIVE IMPROVEMENTS

Sec. 501. Extension of indemnification authority.
Sec. 502. Intellectual property provisions.
Sec. 503. Retrocession of jurisdiction.
Sec. 504. Recovery and disposition authority.
Sec. 505. Requirement for independent cost analysis.
Sec. 506. Electronic access to business opportunities.
Sec. 507. Reports elimination.

     SEC. 2. FINDINGS.

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

[[Page 21466]]



     SEC. 3. DEFINITIONS.

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

                TITLE I--AUTHORIZATION OF APPROPRIATIONS

                       Subtitle A--Authorizations

     SEC. 101. FISCAL YEAR 2006.

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

     SEC. 102. FISCAL YEAR 2007.

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

     SEC. 103. FISCAL YEAR 2008.

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

     SEC. 104. FISCAL YEAR 2009.

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

     SEC. 105. FISCAL YEAR 2010.

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

     SEC. 106. EVALUATION CRITERIA FOR BUDGET REQUEST.

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

                     Subtitle B--General Provisions

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

       The Administrator shall--
       (1) conduct a rich and vigorous set of science activities 
     aimed at better comprehension of the universe, solar system, 
     and Earth, and ensure that the various areas within NASA's 
     science portfolio are developed and maintained in a balanced 
     and healthy [manner;] manner, and, as part of this balanced 
     science research program, provide, to the maximum extent 
     feasible, continued support and funding for the 
     Magnetospheric Multiscale Mission, SIM-Planet Quest, and 
     Future Explorers programs, including determining whether 
     these delayed missions and planned missions can be expedited 
     to meet previous schedules;
       (2) plan projected Mars exploration activities in the 
     context of planned lunar robotic precursor missions, ensuring 
     the ability to conduct a broad set of scientific 
     investigations and research around and on the Moon's surface;
       (3) upon successful completion of the planned return-to-
     flight schedule of the Space Shuttle, determine the schedule 
     for a Shuttle servicing mission to the Hubble Space 
     Telescope, unless such a mission would compromise astronaut 
     or safety or the integrity of NASA's other missions;
       (4) ensure that, in implementing the provisions of this 
     section, appropriate inter-agency and commercial 
     collaboration opportunities are sought and utilized to the 
     maximum feasible extent;
       (5) seek opportunities to diversify the flight 
     opportunities for scientific Earth science instruments and 
     seek innovation in the development of instruments that would 
     enable greater flight opportunities;
       (6) develop a long term sustainable relationship with the 
     United States commercial remote sensing industry, and, 
     consistent with applicable policies and law, to the maximum 
     practical extent, rely on their services;
       (7) in conjunction with United States industry and 
     universities, develop Earth science applications to enhance 
     Federal, State, [local, regional, and tribal agencies] local, 
     and tribal governments that use government and commercial 
     remote sensing capabilities and other sources of geospatial 
     information to address their needs; [and]
       (8) plan, develop, and implement a near-Earth object survey 
     program to detect, track, catalogue, and characterize the 
     physical characteristics of near-Earth asteroids and comets 
     in order to assess the threat of such near-Earth objects in 
     impacting the [Earth.] Earth; and
       (9) ensure that, of the amount expended for aeronautics, a 
     significant portion is directed toward the Vehicle System 
     Program, as much of the basic, long-term, high-risk, and 
     innovative research in aeronautical disciplines is performed 
     within that program.

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

       (a) In General.--Within 180 days after the date of 
     enactment of this Act and every 2 years thereafter, the 
     Administrator shall transmit a report to the Senate Committee 
     on Commerce, Science, and Transportation and the House of 
     Representatives Committee on Science setting forth in 
     detail--
       (1) the findings and actions taken on NASA's assessment of 
     the balance within its science portfolio and any efforts to 
     adjust that balance among the major program areas, including 
     the areas referred to in section 131;
       (2) any activities undertaken by the Administration to 
     conform with the Sun-Earth science and applications direction 
     provided in section 131; and
       (3) efforts to enhance near-Earth object detection and 
     observation.
       (b) External Review Findings.--The Administrator shall 
     include in each report submitted under this section a summary 
     of findings and recommendations from any external reviews of 
     the Administration's science mission priorities and programs.

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

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

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

       (a) In General.--As part of the programs authorized under 
     the National Aeronautics and Space Act of 1958 (42 U.S.C. 
     2451 et seq.), the Administrator shall establish a program to 
     develop a permanently sustained human presence on the Moon, 
     in tandem with an extensive precursor program, to support 
     security, commerce, and scientific pursuits, and as a 
     stepping-stone to future exploration of Mars. The 
     Administrator is further authorized to develop and conduct 
     international collaborations in pursuit of these goals, as 
     appropriate.
       (b) Requirements.--In carrying out this section, the 
     Administrator shall--
       (1) implement an effective exploration technology program 
     that is focused around the key needs to support lunar human 
     and robotic operations;
       (2) as part of NASA's annual budget submission, submit to 
     the Congress the detailed mission, schedule, and budget for 
     key lunar mission-enabling technology areas, including areas 
     for possible innovative governmental and commercial 
     activities and partnerships;
       (3) as part of NASA's annual budget submission, submit to 
     the Congress a plan for NASA's lunar robotic precursor and 
     technology programs, including current and planned technology 
     investments and scientific research that support the lunar 
     program; and
       (4) conduct an intensive in-situ resource utilization 
     technology program in order to develop the capability to use 
     space resources to increase independence from Earth, and 
     sustain exploration beyond low-Earth orbit.

     SEC. 135. GROUND-BASED ANALOG CAPABILITIES.

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

[[Page 21467]]

     local populations, academia, and industrial partners as much 
     as possible to ensure that ground-based benefits and 
     applications are encouraged and developed.

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

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

     SEC. 137. NATIONAL POLICY FOR AERONAUTICS RESEARCH AND 
                   DEVELOPMENT.

       (a) In General.--The President, through the Director of the 
     Office of Science and Technology Policy, shall develop, in 
     consultation with NASA and other relevant Federal agencies, a 
     national aeronautics policy to guide the aeronautics programs 
     of the United States through the year 2020. 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) National Assessment of Aeronautics Infrastructure and 
     Capabilities.--In developing the national aeronautics policy, 
     the President, through the Director of the Office of Science 
     and Technology Policy, shall conduct a national study of 
     government-owned aeronautics research infrastructure to 
     assess--
       [(1) uniqueness, mission dependency, and industry need; and
       [(2) the development or initiation of a consolidated 
     national aviation research, development, and support 
     organization.
       [(d)] (c) Schedule.--No later than 1 year after the date of 
     enactment of this Act, the President's Science Advisor and 
     the Administrator shall submit the national aeronautics 
     policy to the Appropriations Committees of the House of 
     Representatives and the Senate, the House Committee on 
     Science, and the Senate Committee on Commerce, Science, and 
     Transportation.

     SEC. 138. IDENTIFICATION OF UNIQUE NASA CORE AERONAUTICS 
                   RESEARCH.

       Within 180 days after the date of enactment of this Act, 
     the Administrator shall submit a report to the Senate 
     Committee on Commerce, Science, and Transportation and the 
     House of Representatives Committee on Science that assesses 
     the aeronautics research program for its current and 
     potential application to new aeronautic and space vehicles 
     and the unique aeronautical research and associated 
     capabilities that must be retained and supported by NASA to 
     further space exploration and support United States economic 
     competitiveness.

     SEC 139. LESSONS LEARNED AND BEST PRACTICES

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

     SEC. 140. SAFETY MANAGEMENT.

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

     SEC. 141. CREATION OF A BUDGET STRUCTURE THAT AIDS EFFECTIVE 
                   OVERSIGHT AND MANAGEMENT.

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

     SEC. 142. EARTH OBSERVING SYSTEM.

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

     SEC. 143. NASA HEALTHCARE PROGRAM.

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

     SEC. 144. ASSESSMENT OF EXTENSION OF DATA COLLECTION FROM 
                   ULYSSES AND VOYAGER SPACECRAFT.

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

[[Page 21468]]

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

     SEC. 145. 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, 
     includng 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. 146. INSTITUTIONS IN NASA'S MINORITY INSTITUTIONS 
                   PROGRAM.

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

     SEC. 147. AVIATION SAFETY PROGRAM.

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

     SEC. 148. ATMOSPHERIC, GEOPHYSICAL, AND ROCKET RESEARCH 
                   AUTHORIZATION.

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

     SEC. 149. 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. 150. CONTINUATION OF CERTAIN EDUCATIONAL PROGRAMS.

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

     SEC. 151. ESTABLISHMENT OF THE CHARLES ``PETE'' CONRAD 
                   ASTRONOMY AWARDS PROGRAM.

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

     SEC. 152. GAO ASSESSMENT OF FEASIBILITY OF MOON AND MARS 
                   EXPLORATION MISSIONS.

       Within 9 months after the date of enactment of this Act, 
     the Comptroller General shall transmit to the Senate 
     Committee on Commerce, Science, and Transportation and the 
     House of Representatives Committee on Science an assessment 
     of the feasibility of NASA's planning for exploration of the 
     Moon and Mars, giving special consideration to the long-term 
     cost implications of program architecture and schedules.

             Subtitle C--Limitations and Special Authority

     SEC. 161. OFFICIAL REPRESENTATIONAL FUND.

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

     SEC. 162. FACILITIES MANAGEMENT.

       (a) In General.--Notwithstanding any other provision of 
     law, the Administrator may convey, by sale, lease, exchange, 
     or otherwise, including through leaseback arrangements, real 
     and related personal property under the custody and control 
     of the Administration, or interests therein, and retain the 
     net proceeds of such dispositions in an account within NASA's 
     working capital fund to be used for NASA's real property 
     capital needs. All net proceeds realized under this section 
     shall be obligated or expended only as authorized by 
     appropriations Acts. To aid in the use of this authority, 
     NASA shall develop a facilities investment plan that takes 
     into account uniqueness, mission dependency, and other 
     studies required by this Act.
       (b) Application of Other Law.--Sales transactions under 
     this section are subject to section 501 of the McKinney-Vento 
     Homeless Assistance Act (42 U.S.C. 11411).
       (c) Notice of Reprogramming.--If any funds authorized by 
     this Act are subject to a reprogramming action that requires 
     notice to be provided to the Appropriations Committees of the 
     House of Representatives and the Senate, notice of such 
     action shall concurrently be provided to the House of 
     Representatives Committee on Science and the Senate Committee 
     on Commerce, Science, and Transportation.
       (d) Definitions.--In this section:
       (1) Net proceeds.--The term ``net proceeds'' means the 
     rental and other sums received less the costs of the 
     disposition.
       (2) Real property capital needs.--The term ``real property 
     capital needs'' means any expenses necessary and incident to 
     the agency's real property capital acquisitions, 
     improvements, and dispositions.

                 TITLE II--INTERNATIONAL SPACE STATION

     SEC. 201. INTERNATIONAL SPACE STATION COMPLETION.

       (a) Elements, Capabilities, and Configuration Criteria.--
     The Administrator shall ensure that the ISS will be able to--
       (1) fulfill international partner agreements and provide a 
     diverse range of research capacity, including a high rate of 
     human biomedical research protocols, countermeasures, applied 
     bio-technologies, technology and exploration research, and 
     other priority areas;
       (2) have an ability to support crew size of at least 6 
     persons;
       (3) support crew exploration vehicle docking and automated 
     docking of cargo vehicles or modules launched by either 
     heavy-lift or commercially-developed launch vehicles; and
       (4) be operated at an appropriate risk level.
       (b) Contingency Plan.--The transportation plan to support 
     ISS shall include contingency options to ensure sufficient 
     logistics and on-orbit capabilities to support any potential 
     hiatus between Space Shuttle availability and follow-on crew 
     and cargo systems, and provide sufficient pre-positioning of 
     spares and other supplies needed to accommodate any such 
     hiatus.
       (c) Certification.--Within [180] 60 days after the date of 
     enactment of this Act, and before making any change in the 
     ISS assembly sequence in effect on the date of enactment of 
     this Act, the Administrator shall certify in writing to the 
     Senate Committee on Commerce, Science, and Transportation and 
     the House of Representatives Committee on Science NASA's plan 
     to meet the requirements of subsections (a) and (b).
       (d) Cost Limitation for the ISS.--Within 6 months after the 
     date of enactment of this Act, the Administrator shall submit 
     to the Congress information pertaining to the impact of the 
     Columbia accident and the implementation of full cost 
     accounting on the development costs of the International 
     Space Station. The Administrator shall also identify any 
     statutory changes needed to section 202 of the NASA 
     Authorization Act of 2000 to address those impacts.

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

       (a) In General.--The Administrator shall--
       (1) within 60 days after the date of enactment of this Act, 
     provide an assessment of biomedical and life science research 
     planned for implementation aboard the ISS that includes the 
     identification of research which can be performed in ground-
     based facilities and then, if appropriate, validated in space 
     to the Senate Committee on Commerce, Science, and 
     Transportation and the House of Representatives Committee on 
     Science;
       (2) ensure the capacity to support ground-based research 
     leading to spaceflight of scientific research in a variety of 
     disciplines with potential direct national benefits and 
     applications that can advance significantly from the 
     uniqueness of micro-gravity;
       (3) restore and protect such potential ISS research 
     activities as molecular crystal growth, animal research, 
     basic fluid physics, combustion research, cellular 
     biotechnology, low temperature physics, and cellular research 
     at a level which will sustain the existing scientific 
     expertise and research capabilities until such time as 
     additional funding

[[Page 21469]]

     or resources from sources other than NASA can be identified 
     to support these activities within the framework of the 
     National Laboratory provided for in section 203 of this Act; 
     and
       (4) within 1 year after the date of enactment of this Act, 
     develop a research plan that will demonstrate the process by 
     which NASA will evolve the ISS research portfolio in a manner 
     consistent with the planned growth and evolution of ISS on-
     orbit and transportation capabilities.
       (b) Maintenance of On-Orbit Analytical Capabilities.--The 
     Administrator shall ensure that on-orbit analytical 
     capabilities to support diagnostic human research, as well as 
     on-orbit characterization of molecular crystal growth, 
     cellular research, and other research products and results 
     are developed and maintained, as an alternative to Earth-
     based analysis requiring the capability of returning research 
     products to Earth.
       (c) Assessment of Potential Scientific Uses.--The 
     Administrator shall assess further potential possible 
     scientific uses of the ISS for other applications, such as 
     technology development, development of manufacturing 
     processes, Earth observation and characterization, and 
     astronomical observations.
       (d) Transition to Public-Private Research Operations.--By 
     no later than the date on which the assembly of the ISS is 
     complete (as determined by the Administrator), the 
     Administrator shall initiate steps to transition research 
     operations on the ISS to a greater private-public operating 
     relationship pursuant to section 203 of this Act.

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

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

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

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

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

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

            TITLE III--NATIONAL SPACE TRANSPORTATION POLICY

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

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

     SEC. 302. SPACE SHUTTLE TRANSITION.

       (a) In General.--In order to ensure continuous human access 
     to space, the Administrator may not retire the Space Shuttle 
     orbiter until a replacement human-rated spacecraft system has 
     demonstrated that it can take humans into Earth orbit and 
     return them safely, except as may be provided by law enacted 
     after the date of enactment of this Act. The Administrator 
     shall conduct the transition from the Space Shuttle orbiter 
     to a replacement capability in a manner that uses the 
     personnel, capabilities, assets, and infrastructure of the 
     current Space Shuttle program to the maximum extent feasible.
       (b) Report.--After providing the information required by 
     section 301 to the Committees, the Administrator shall 
     transmit a report to the Senate Committee on Commerce, 
     Science, and Transportation and the House of Representatives 
     Committee on Science containing a detailed and comprehensive 
     Space Shuttle transition plan that includes any necessary 
     recertification, including requirements, assumptions, and 
     milestones, in order to utilize the Space Shuttle orbiter 
     beyond calendar year 2010.
       (c) Contract Terminations; Vendor Replacements.--The 
     Administrator may not terminate any contracts nor replace any 
     vendors associated with the Space Shuttle until the 
     Administrator transmits the report required by subsection (b) 
     to the Committees.

     SEC. 303. COMMERCIAL LAUNCH VEHICLES.

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

     SEC. 304. SECONDARY PAYLOAD CAPABILITY.

       In order to help develop a cadre of experienced engineers 
     and to provide more routine and affordable access to space, 
     the Administrator shall provide the capabilities to support 
     secondary payloads on United States launch vehicles, 
     including free flyers, for satellites or scientific payloads 
     weighing less than 500 kilograms.

                 TITLE IV--ENABLING COMMERCIAL ACTIVITY

     SEC. 401. COMMERCIALIZATION PLAN.

       (a) In General.--The Administrator, in consultation with 
     the Associate Administrator for Space Transportation of the 
     Federal Aviation Administration, the Director of the Office 
     of Space Commercialization of the Department of Commerce, and 
     any other relevant agencies, shall develop a 
     commercialization plan to support the human missions to the 
     Moon and Mars, to support Low-Earth Orbit activities and 
     Earth science mission and applications, and to transfer 
     science research and technology to society. The plan shall 
     identify opportunities for the private sector to participate 
     in the future missions and activities, including 
     opportunities for partnership between NASA and the private 
     sector in the development of technologies and [services.] 
     services, shall emphasize the utilization by NASA of 
     advancements made by

[[Page 21470]]

     the private sector in space launch and orbital hardware, and 
     shall include opportunities for innovative collaborations 
     between NASA and the private sector under existing 
     authorities of NASA for reimbursable and non-reimbursable 
     agreements under the National Aeronautics and Space Act of 
     1958 (42 U.S.C. 2451 et seq.).
       (b) Report.--Within 180 days after the date of enactment of 
     this Act, the Administrator shall submit a copy of the plan 
     to the Senate Committee on Commerce, Science, and 
     Transportation and the House of Representatives Committee on 
     Science.

     SEC. 402. AUTHORITY FOR COMPETITIVE PRIZE PROGRAM TO 
                   ENCOURAGE DEVELOPMENT OF ADVANCED SPACE AND 
                   AERONAUTICAL TECHNOLOGIES.

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

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

       ``(a) Program Authorized.--
       ``(1) In general.--The Administrator may carry out a 
     program to award prizes to stimulate innovation in basic and 
     applied research, technology development, and prototype 
     demonstration that have the potential for application to the 
     performance of the space and aeronautical activities of the 
     Administration.
       ``(2) Use of prize authority.--In carrying out the program, 
     the Administrator shall seek to develop and support 
     technologies and areas identified in section 134 of this Act 
     or other areas that the Administrator determines to be 
     providing impetus to NASA's overall exploration and science 
     architecture and plans, such as private efforts to detect 
     near Earth objects and, where practicable, utilize the prize 
     winner's technologies in fulfilling NASA's missions. The 
     Administrator shall widely advertise any competitions 
     conducted under the program and must include advertising to 
     research universities.
       ``(3) Coordination.--The program shall be implemented in 
     compliance with section 138 of the National Aeronautics and 
     Space Administration Authorization Act of 2005.
       ``(b) Program Requirements.--
       ``(1) Competitive process.--Recipients of prizes under the 
     program under this section shall be selected through one or 
     more competitions conducted by the Administrator.
       ``(2) Advertising.--The Administrator shall widely 
     advertise any competitions conducted under the program.
       ``(c) Registration; Assumption of Risk.--
       ``(1) Registration.--Each potential recipient of a prize in 
     a competition under the program under this section shall 
     register for the competition.
       ``(2) Assumption of risk.--In registering for a competition 
     under paragraph (1), a potential recipient of a prize shall 
     assume any and all risks, and waive claims against the United 
     States Government and its related entities, for any injury, 
     death, damage, or loss of property, revenue, or profits, 
     whether direct, indirect, or consequential, arising from 
     participation in the competition, whether such injury, death, 
     damage, or loss arises through negligence or otherwise, 
     except in the case of willful misconduct.
       ``(3) Related entity defined.--In this subsection, the term 
     `related entity' includes a contractor or subcontractor at 
     any tier, a supplier, user, customer, cooperating party, 
     grantee, investigator, or detailee.
       ``(d) Limitations.--
       ``(1) Total amount.--The total amount of cash prizes 
     available for award in competitions under the program under 
     this section in any fiscal year may not exceed $50,000,000.
       ``(2) Approval required for large prizes.--No competition 
     under the program may result in the award of more than 
     $1,000,000 in cash prizes without the approval of the 
     Administrator or a designee of the Administrator.
       ``(e) Relationship to Other Authority.--The Administrator 
     may utilize the authority in this section in conjunction with 
     or in addition to the utilization of any other authority of 
     the Administrator to acquire, support, or stimulate basic and 
     applied research, technology development, or prototype 
     demonstration projects.
       ``(f) Availability of Funds.--Funds appropriated for the 
     program authorized by this section shall remain available 
     until expended.''.

     SEC. 403. COMMERCIAL GOODS AND SERVICES.

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

           TITLE V--MISCELLANEOUS ADMINISTRATIVE IMPROVEMENTS

     SEC. 501. EXTENSION OF INDEMNIFICATION AUTHORITY.

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

     SEC. 502. INTELLECTUAL PROPERTY PROVISIONS.

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

     SEC. 503. RETROCESSION OF JURISDICTION.

       Title III of the National Aeronautics and Space Act of 
     1958, as amended by section 502 of this Act, is further 
     amended by adding at the end the following:

     ``SEC. 317. RETROCESSION OF JURISDICTION.

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

     SEC. 504. RECOVERY AND DISPOSITION AUTHORITY.

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

     ``SEC. 318. RECOVERY AND DISPOSITION AUTHORITY.

       ``(a) In General.--
       ``(1) Control of remains.--Subject to paragraph (2), when 
     there is an accident or mishap resulting in the death of a 
     crewmember of a NASA human space flight vehicle, the 
     Administrator may take control over the remains of the 
     crewmember and order autopsies and other scientific or 
     medical tests.
       ``(2) Treatment.--Each crewmember shall provide the 
     Administrator with his or her preferences regarding the 
     treatment accorded to his or her remains and the 
     Administrator shall, to the extent possible, respect those 
     stated preferences.
       ``(b) Definitions.--In this section:
       ``(1) Crewmember.--The term `crewmember' means an astronaut 
     or other person assigned to a NASA human space flight 
     vehicle.

[[Page 21471]]

       ``(2) NASA human space flight vehicle.--The term `NASA 
     human space flight vehicle' means a space vehicle, as defined 
     in section 308(f)(1), that--
       ``(A) is intended to transport 1 or more persons;
       ``(B) designed to operate in outer space; and
       ``(C) is either owned by NASA, or owned by a NASA 
     contractor or cooperating party and operated as part of a 
     NASA mission or a joint mission with NASA.''.

     SEC. 505. REQUIREMENT FOR INDEPENDENT COST ANALYSIS.

       Section 301 of the National Aeronautics and Space 
     Administration Authorization Act of 2000 (42 U.S.C. 2459g) 
     amended--
       (1) by striking ``Phase B'' in subsection (a) and inserting 
     ``implementation'';
       [(2) by striking ``$150,000,000'' in subsection (a) and 
     inserting ``$250,.000,000'';]
       [(3)] (2) by striking ``Chief Financial Officer'' each 
     place it appears in subsection (a) and inserting 
     ``Administrator'';
       [(4)] (3) by inserting ``and consider'' in subsection (a) 
     after ``shall conduct''; and
       [(5)] (4) by striking subsection (b) and inserting the 
     following:
       ``(b) Implementation Defined.--In this section, the term 
     `implementation' means all activity in the life cycle of a 
     program or project after preliminary design, independent 
     assessment of the preliminary design, and approval to proceed 
     into implementation, including critical design, development, 
     certification, launch, operations, disposal of assets, and, 
     for technology programs, development, testing, analysis and 
     communication of the results to the customers.''.

     SEC. 506. ELECTRONIC ACCESS TO BUSINESS OPPORTUNITIES.

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

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

       ``(a) In General.--The Administrator may implement a pilot 
     program providing for reduction in the waiting period between 
     publication of notice of a proposed contract action and 
     release of the solicitation for procurements conducted by the 
     National Aeronautics and Space Administration.
       ``(b) Applicability.--The program implemented under 
     subsection (a) shall apply to non-commercial acquisitions--
       ``(1) with a total value in excess of $100,000 but not more 
     than $5,000,000, including options;
       ``(2) that do not involve bundling of contract requirements 
     as defined in section 3(o) of the Small Business Act (15 
     U.S.C. 632(o)); and
       ``(3) for which a notice is required by section 8(e) of the 
     Small Business Act (15 U.S.C. 637(e)) and section 18(a) of 
     the Office of Federal Procurement Policy Act (41 U.S.C. 
     416(a)).
       ``(c) Notice.--
       ``(1) Notice of acquisitions subject to the program 
     authorized by this section shall be made accessible through 
     the single Government-wide point of entry designated in the 
     Federal Acquisition Regulation, consistent with section 
     30(c)(4) of the Office of Federal Procurement Policy Act (41 
     U.S.C. 426(c)(4)).
       ``(2) Providing access to notice in accordance with 
     paragraph (1) satisfies the publication requirements of 
     section 8(e) of the Small Business Act (15 U.S.C. 637(e)) and 
     section 18(a) of the Office of Federal Procurement Policy Act 
     (41 U.S.C. 416(a)).
       ``(d) Solicitation.--Solicitations subject to the program 
     authorized by this section shall be made accessible through 
     the Government-wide point of entry, consistent with 
     requirements set forth in the Federal Acquisition Regulation, 
     except for adjustments to the wait periods as provided in 
     subsection (e).
       ``(e) Wait Period.--
       ``(1) Whenever a notice required by section 8(e)(1)(A) of 
     the Small Business Act (15 U.S.C. 637(e)(1)(A)) and section 
     18(a) of the Office of Federal Procurement Policy Act (41 
     U.S.C. 416(a)) is made accessible in accordance with 
     subsection (c) of this section, the wait period set forth in 
     section 8(e)(3)(A) of the Small Business Act (15 U.S.C. 
     637(e)(3)(A)) and section 18(a)(3)(A) of the Office of 
     Federal Procurement Policy Act (41 U.S.C. 416(a)(3)(A)), 
     shall be reduced by 5 days. If the solicitation applying to 
     that notice is accessible electronically in accordance with 
     subsection (d) simultaneously with issuance of the notice, 
     the wait period set forth in section 8(e)(3)(A) of the Small 
     Business Act (15 U.S.C. 637(e)(3)(A)) and section 18(a)(3)(A) 
     of the Office of Federal Procurement Policy Act (41 U.S.C. 
     416(a)(3)(A)) shall not apply and the period specified in 
     section 8(e)(3)(B) of the Small Business Act and section 
     18(a)(3)(B) of the Office of Federal Procurement Policy Act 
     for submission of bids or proposals shall begin to run from 
     the date the solicitation is electronically accessible.
       ``(2) When a notice and solicitation are made accessible 
     simultaneously and the wait period is waived pursuant to 
     paragraph (1), the deadline for the submission of bids or 
     proposals shall be not less than 5 days greater than the 
     minimum deadline set forth in section 8(e)(3)(B) of the Small 
     Business Act (15 U.S.C. 637(e)(3)(B)) and section 18(a)(3)(B) 
     of the Office of Federal Procurement Policy Act (41 U.S.C. 
     416(a)(3)(B)).
       ``(f) Implementation.--
       ``(1) Nothing in this section shall be construed as 
     modifying regulatory requirements set forth in the Federal 
     Acquisition Regulation, except with respect to--
       ``(A) the applicable wait period between publication of 
     notice of a proposed contract action and release of the 
     solicitation; and
       ``(B) the deadline for submission of bids or proposals for 
     procurements conducted in accordance with the terms of this 
     pilot program.
       ``(2) This section shall not apply to the extent the 
     President determines it is inconsistent with any 
     international agreement to which the United States is a 
     party.
       ``(g) Study.--Within 18 months after the effective date of 
     the program, NASA, in coordination with the Small Business 
     Administration, the General Services Administration, and the 
     Office of Management and Budget, shall evaluate the impact of 
     the pilot program and submit to Congress a report that--
       ``(1) sets forth in detail the results of the test, 
     including the impact on competition and small business 
     participation; and
       ``(2) addresses whether the pilot program should be made 
     permanent, continued as a test program, or allowed to expire.
       ``(h) Regulations.--The Administrator shall publish 
     proposed revisions to the NASA Federal Acquisition Regulation 
     Supplement necessary to implement this section in the Federal 
     Register not later than 120 days after the date of enactment 
     of the National Aeronautics and Space Administration 
     Authorization Act of 2005. The Administrator shall--
       ``(1) make the proposed regulations available for public 
     comment for a period of not less than 60 days; and
       ``(2) publish final regulations in the Federal Register not 
     later than 240 days after the date of enactment of that Act.
       ``(i) Effective Date.--
       ``(1) In general.--The pilot program authorized by this 
     section shall take effect on the date specified in the final 
     regulations promulgated pursuant to subsection (h)(2).
       ``(2) Limitation.--The date so specified shall be no less 
     than 30 days after the date on which the final regulation is 
     published.
       ``(j) Expiration of Authority.--The authority to conduct 
     the pilot program under subsection (a) and to award contracts 
     under such program shall expire 2 years after the effective 
     date established in the final regulations published in the 
     Federal Register under subsection (h)(2).''.

     SEC. 507. REPORTS ELIMINATION.

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

  Mrs. HUTCHISON. Mr. President, I am delighted to join my friend and 
colleague, the distinguished Senator from Florida, in bringing before 
the Senate today, S. 1281, the NASA Authorization Bill of 2005. Our 
subcommittee and the full Commerce Committee have worked hard to 
prepare legislation that we believe is important and timely, because it 
comes at a watershed moment in this Nation's civil space program.
  That moment has come at no small cost. It grew out of a terrible 
tragedy that took place in the skies over Texas 2\1/2\ years ago, when 
the space shuttle Columbia and her brave crew were lost as they were 
returning home from an important and successful research mission.
  In the aftermath of that accident, we were forced, as a nation, to 
once again confront the question of the value of space exploration in 
the face of the risks involved in sending our best and brightest--and 
those of other nations who are our partners in space exploration--into 
the hostile realm of space. The overwhelming and resounding answer, 
from the families of those who were lost to men, women and children 
across the country, and our elected leadership, was ``yes.'' They gave 
the same answer that Lewis and Clark gave to Thomas Jefferson 200 years 
ago,

[[Page 21472]]

when he charged them with the task of exploring what was then a great, 
largely unknown expanse.
  Just as that difficult but inspiring voyage of discovery opened the 
way for this Nation to spread its wings from sea to sea, the voyages of 
discovery into the far reaches of space have begun--and will continue--
to open vast opportunities for our Nation, and for the world.
  While the vision that drove Lewis and Clark--the discovery of a 
northwest passage to the Pacific Ocean--was not the result they 
achieved, the understanding of the raw richness of our continent, and 
the insights into themselves and their fellow human beings provided a 
wealth of discovery more diverse and more valuable than any specific 
goal they had in mind as they began.
  Among the many important findings of the investigation into the 
Columbia accident was the need for a renewed guiding vision for our 
human space exploration programs. On January 14, 2004, President George 
W. Bush provided the essence of that bold new vision for exploration, 
not only for NASA, but for the Nation. It extends far beyond his tenure 
in office--beyond the tenure of most of us serving in the Senate today. 
It reaches beyond many years and ultimately millions of miles into the 
solar system in which we live. It will require a long-standing 
commitment by this Nation, and it will not be an easy vision to 
accomplish. We will find unexpected obstacles and challenges along the 
way. If we didn't, it would not really be exploration. Our task as a 
nation, and in the company of international partners who will join us 
on this journey, will be to meet those challenges and turn them into 
opportunities.
  The essential first step in the new Vision for Exploration was to 
return the space shuttle to flight. As we all know, the space shuttle 
Discovery launched into orbit and began this Nation's return to space 
flight on July 26th. Commander Eileen Collins and her crew, the crew 
aboard the International Space Station, and the entire NASA team 
conducted an extremely successful first test flight to assess the 
progress made in the space shuttle program since the tragic Columbia 
accident. While the shedding of foam debris during liftoff--the direct 
cause of the damage to Columbia--was reduced to a level far below that 
previously experienced, it has not been eliminated and more work 
remains to understand and address that problem. Fortunately, among the 
major improvements in the Shuttle program is the vast increase in the 
ability to monitor and collect visual information on the health of the 
Orbiter both during launch and in orbit. That unprecedented level of 
information was combined with new on-orbit repair techniques to further 
enhance our confidence in the shuttle program's flight readiness. All 
of us, I'm sure, were thrilled to watch astronaut Steve Robinson deftly 
pluck the small gap fillers from Discovery's underside, and the amazing 
never before seen images of the orbiter's thermal protection system. 
Our subcommittee will continue to monitor the application of the 
findings of this first test flight to the preparations for the launch 
of the second test flight next year, which continues this first step in 
the Vision for Exploration.
  The legislation we bring before the Senate today supports the Vision 
of Exploration outlined by the President. It provides an opportunity 
for the Congress to fulfill its responsibility to help set the stage 
for the commencement of our new national journey of exploration. It has 
been 5 years since the Congress has enacted authorization legislation 
for NASA and its programs. Those 5 years have seen a great deal of 
change in the realm of space exploration. First and foremost, for 
nearly all of that time, humans have been living and working 
continuously on orbit 240 miles above the earth aboard the 
International Space Station. Despite the interruption of its assembly 
by the Columbia accident, the space station has already provided a 
great deal of important scientific information resulting from the 
research the expedition crews aboard the ISS have been able to 
accomplish. And most of its laboratory facilities are not yet on orbit. 
The space station represents an immensely valuable asset for this 
Nation and our international and scientific partners, and the 
legislation before the Senate today will serve to ensure it realizes 
the vast potential it has long promised.
  The past 5 years have seen other changes.
  As we have undergone the recovery from the Columbia accident, we have 
witnessed the most comprehensive review of the hardware, systems and 
processing for the space shuttle program since it began operational 
flights 24 years ago. While we may never be able to completely 
eliminate the risks of human spaceflight, the space shuttle system is 
safer today than it has ever been, and we have learned valuable lessons 
that can be applied to the next generation of human space flight 
vehicle.
  Last year we witnessed dramatic evidence of yet another major change 
in space exploration when pilot Mike Melville flew SpaceShipOne, built 
by the Scaled Deposits Corporation, over 100 kilometers high, to become 
the first person to fly a privately-built vehicle into the reaches of 
space on September 29, 2004. Five days later, on October 4 Brian Binnie 
at the controls, SpaceShipOne became the first private manned 
spacecraft to exceed an altitude of 328,000 feet twice within the span 
of a 14-day period. With that accomplishment, Scaled Deposits 
Corporation won the $10 million Ansari X-Prize, funded entirely by 
private funds. A new era in private, commercial development of manned 
and unmanned spacecraft has begun, which offers exciting opportunities 
for the future.
  For example, two space entrepreneurs are planning to join together in 
the launch early next year of the Falcon V launch vehicle, built by 
Elon Musk's Space-X Corporation, which will carry aloft a prototype 
one-third scale space module built by Robert Bigelow's Bigelow 
Aerospace Corporation. Other companies are developing designs and 
building prototype hardware that could be the precursors of 
commercially developed space station modules and the means of supplying 
and maintaining them with cargo and crews that could complement and 
expand the research opportunities provided by the International Space 
Station. S. 1281 includes language which both encourages and enables 
increased commercial involvement in space activities, including 
servicing the International Space Station, developing and conducting 
free-flying space research vehicles, and providing for increased use of 
competitive prizes and incentives to spur private investment and 
development. We would expect to see that private sector interest and 
involvement eventually extend beyond earth orbit to become an integral 
part of the nation's broader commitment to exploration of the Moon, 
Mars and destinations beyond.
  I would like now to discuss some of the key provisions of the NASA 
reauthorization bill which I believe are especially important to the 
new beginning we are making as a nation within the Vision for 
Exploration.
  There is an old saying that a journey of a thousand miles begins with 
a single step. It is also true that we must begin from where we find 
ourselves today. As I said earlier, the first step of the Vision was 
initiated this past summer with the launch of Discovery, and will 
continue with the subsequent flights of the space shuttle to complete 
the assembly of the International Space Station and fulfill our 
commitments to our international partners and--I must add--our 
commitments to our scientific partners.
  Over the past 17 years, this Chamber has been the scene of vigorous 
discussion and debate on the International Space Station, long before 
the first module was launched in November of 1998. Through all that 
discussion, the central theme of those of us who supported the space 
station--and two-thirds of us consistently supported it in the votes 
following those debates--was that the ISS represents a unique 
laboratory in space, which holds the promise for scientific findings 
that can directly benefit us on Earth. I find it interesting to hear 
statements that the

[[Page 21473]]

space station has not fulfilled that promise. Those who suggest that 
seem to have forgotten that it is not yet completed. In fact, only one 
of the three planned laboratories is on orbit now--the US Destiny 
laboratory--and it is not yet fully equipped. The remaining modules are 
completed, and are at the Kennedy Space Center, awaiting their launch 
and outfitting so that the long-standing plans for ISS research can 
finally begin. We and our international partners have invested far too 
much in building and preparing those facilities, and the on-orbit 
structure that will provide their home and supporting power and crew 
accommodations, to back away from that investment now. To do so would 
not only represent a wasteful, irresponsible and inexcusable breach of 
faith with the American taxpayers, but an unconscionable betrayal of 
scientists and researchers in a wide range of disciplines who have 
invested years of effort and resources preparing to conduct research 
that can only be done in the microgravity of space.
  This bill acknowledges and reaffirms our commitment to fulfill the 
promise of the ISS. We recognize that NASA has limited total resources 
and has been given an enormous task to lead the Vision for Exploration. 
The demands of many valuable and important existing programs have 
forced NASA to make difficult choices in focusing those scarce 
resources in ways which support the goals of the Vision. We understand 
that reality, and have attempted in this 5-year reauthorization bill to 
provide a stable, consistent and moderately increasing level of funding 
to enable NASA to address those challenges.
  At the same time, we have encouraged, as I noted earlier, the 
increased participation and involvement of commercial interests and 
capabilities, in a way that can relieve NASA of some of the basic 
burdens of space operations. With respect to space station research, we 
believe additional steps must be taken to enable NASA to conduct the 
research it must to support long-duration human spaceflight, and to 
return to the Moon, and move onward to Mars, while not sacrificing or 
undermining the investment we have made in the ISS.
  To accomplish this, the legislation designates the U.S. segment of 
the International Space Station as national laboratory facility. It 
further directs the NASA Administrator to develop a plan, within one 
year after enactment of the bill, to establish a ground-based national 
laboratory structure that will be responsible for maintaining and 
operating the research capabilities in the on-orbit laboratory 
facilities. The ISS national laboratory will be empowered to establish 
scientific--and funding--relationships with other governmental and non-
governmental entities and to include international participation as 
well. The infusion of new participants and non-NASA resources will free 
NASA of much of the financial burden it would require to sustain broad-
based research aboard ISS, and would thus enable it to focus its ISS 
research, as planned, on those disciplines and experiments which 
directly support the needs of the Vision for Exploration.
  We believe this represents a creative and responsible approach to 
meeting our international commitments and fulfilling the long-standing 
research promise of the ISS, while not inhibiting NASA's pursuit of its 
exploration objectives.
  In order to continue the Nation's exploration activities, both in 
continuing essential activities in low-Earth orbit and moving outward, 
back to the Moon, Mars, and beyond, we must have a new generation of 
launch and flight vehicles. The Vision for Exploration calls for the 
development of a new crew exploration vehicle and associated launch 
systems, to meet that objective.
  As I have stated, this legislation supports the goals and objectives 
of Vision for Exploration. As the saying goes, however, sometimes ``the 
devil is in the details.'' As those details have been revealed in the 
planning to implement the vision, I have expressed concerns about some 
of the early transitional steps to redirect NASA's emphasis from low-
Earth orbit to exploration of the Moon and Mars. I have already 
addressed the question of ensuring the maximum use of the International 
Space Station. My other primary concern has to do with the transition 
from the Space Shuttle to the new crew exploration vehicle. The initial 
announcement of the Vision for Exploration called for the termination 
of Shuttle flights in 2010, and the first flight of the crew 
exploration vehicle in 2014. The resulting 4-year hiatus in this 
Nation's ability to launch humans into space was simply unacceptable to 
me. It would represent a serious degradation of our national and 
economic security, as the community of spacefaring nations expands with 
the advent of Chinese human spaceflight capability and the potential of 
even more nations developing such capability, potentially challenging 
U.S. leadership in this important strategic area and major engine of 
technological advancement.
  S. 1281, as introduced, stated that uninterrupted U.S. spaceflight 
capability is essential to our Nation, and required, in Section 202 of 
the bill, that the Space Shuttle Orbiter not be retired until a 
replacement crew-capable space vehicle be made operational. NASA's new 
Administrator, Dr. Michael Griffin, stated, in his confirmation hearing 
before the Commerce Committee, and again in a subsequent subcommittee 
hearing on the space shuttle, that he shared our concern about a 
lengthy hiatus period in U.S. spaceflight capability. Since assuming 
leadership of NASA, he has undertaken an effort to approach the 
development of the replacement vehicle in such a way as to close that 
gap as much as possible. In anticipation of the success of those 
efforts, Senator Nelson and I agreed to a modification of the language 
in the bill--included in the manager's amendment to the bill--which 
provides some flexibility in meeting the goal of uninterrupted U.S. 
spaceflight capability, but continues to state it as a policy 
objective. The Exploration Systems Architecture Study was recently 
completed and I am very pleased to say that the results track very 
closely to the provisions of S. 1281. The CEV development would be 
accelerated to 2012, with the possibility of moving its operational 
date to 2011. The key to CEV acceleration is largely a question of 
resources, and sufficient funding could enable an even earlier 
operational date, possibly closing the potential gap in spaceflight 
capability altogether.
  In Dr. Griffin's appearance before the Science and Space Subcommittee 
during our hearing on the space shuttle program, he pointed out that 
the plan for space shuttle retirement involves the retirement of the 
Orbiters, not necessarily the additional components that make up what 
we call the space shuttle. Those additional components are the solid 
rocket boosters and the external fuel tank.
  I remind my colleagues that the Orbiter is a vehicle that has two 
major spaceflight functions combined in a single vehicle: the delivery 
of crew to and from orbit, and the delivery of cargo, or payloads, to 
and from orbit. The future developments of U.S. human spaceflight 
capability are intended to separate those functions. That will enable 
the development of much more simplified--and arguably much safer, more 
efficient, and less costly--vehicles to serve each separate function. 
The provisions of S. 1281--coupled with the revised plans for vehicle 
development recently announced, will fulfill those objectives using 
major elements of our existing systems and adapting them to meet the 
requirements of both manned and unmanned launch systems.
  Launch vehicles and spaceflight vehicles do not prepare and launch 
themselves into orbit or maintain themselves entirely independently 
while in space. They require ground-based support facilities, 
institutions and skilled personnel. The maintenance of those 
capabilities are, in fact, the most labor and resource-intensive 
elements of a spaceflight program, over time. They must be maintained 
even when the vehicles themselves are not flying, and must be kept in a 
high state of readiness. For human spaceflight systems,

[[Page 21474]]

especially, that expertise and readiness are fundamental elements of 
flight safety.
  The non-orbiter elements of the space shuttle program, both in flight 
hardware and ground support, represent an enormous national asset and, 
with modifications and reengineering, can potentially be adapted to 
meet--in separate configurations--the requirements for human 
spaceflight and for the launch of large, heavy payloads. Those large 
payloads are beyond the reach of either evolved expendable launch 
vehicles or privately-developed launch vehicles--or the current or 
planned launch vehicles of any other nation, for that matter. For these 
reasons, and others, this legislation directs and encourages NASA to 
make the maximum possible utilization of the personnel, assets and 
capabilities of the space shuttle program in developing the next 
generation of crew and cargo vehicles. Again, the new NASA plans will 
do just that, as envisioned by this legislation.
  Another important and historical NASA research activity is 
aeronautical research, a fundamental part of NASA's activities since 
its inception. Indeed, not only is ``aeronautics'' the first ``a'' in 
NASA, but NASA came into being as an expansion of the National Advisory 
Committee on Aeronautics, which was established in 1915. That heritage 
is an important NASA legacy and the continued health of the Nation's 
aerospace industry in a very competitive global market-place makes it 
essential that our Nation have solid aeronautical research 
capabilities. Equally important, in an environment of limited 
resources, is that decisions about priorities for funding and programs 
be guided by a clear statement of policy, based on a thorough 
understanding of both available assets and essential requirements. This 
legislation directs the development of a national policy to guide the 
Nation's aeronautical research--including that conducted by NASA. The 
policy is to be developed within one year after enactment of the 
legislation, in order to provide time for a thorough and complete 
assessment of every aspect of aeronautics research, and yet provide the 
earliest possible guidance for both the administration and the Congress 
in determining the appropriate funding levels for U.S. aeronautics 
research. We have chosen not to establish a specific level of funding 
for that research in the legislation, in order to provide the 
flexibility for the NASA Administrator to establish those levels using 
the national policy guidance we have required to be developed.
  Finally, let me say something about the broad range of science 
activities for which NASA has always been known. The remarkable feat of 
the Deep Impact asteroid interception mission and the extraordinary 
success of the Spirit and Opportunity Mars Rovers are, of course, only 
the most recent and dramatic examples of NASA Space Science expertise. 
Less spectacular, but equally significant, are the earth observation 
and earth sciences programs which help us understand--and better care 
for--the spaceship of which all of as are crew members--spaceship 
Earth. As with aeronautics research, we have not spelled out specific 
funding authorization levels for the full 5 years authorized among the 
various science disciplines, providing flexibility for the NASA 
Administrator to make the best judgments about resource allocations. 
However, we express clearly in this bill the need for maintaining a 
balanced science portfolio throughout all NASA programs. In addition, 
we require accountability and will maintain careful oversight over the 
plans and decisions made to implement that balance.
  This legislation provides a comprehensive, forward-looking and 
responsible approach to the transition of our Nation's space 
exploration programs into a new era of discovery. I believe that, 
together with our colleagues in the other body, we will be able to 
craft a congressional consensus that will help ensure this Nation's 
leadership in space exploration and provide benefits beyond measure and 
beyond imagination to this Nation and the world.
  I want to thank my friend and colleague from Florida, Senator Nelson, 
for the spirit of cooperation he and his staff have brought to the 
development and refinement of this legislation. It represents a truly 
bi-partisan--really a non-partisan--result, as is appropriate for the 
Nation's space exploration programs. I also want to express my 
appreciation to the staff of my Subcommittee staff and the full 
Commerce Committee staff who have worked to bring this measure before 
the Senate. And, of course, I want to acknowledge the leadership of 
Senators Stevens and Inouye, who have supported our efforts to provide 
authorization and a strong policy foundation to our Nation's space 
exploration efforts.
  I urge my colleagues to support S. 1281.
  Mr. NELSON of Florida. Mr. President, I am pleased to join Senators 
Hutchison, Stevens, Inouye, and Lott today in sponsoring an amended 
NASA Authorization Act and managers package that provides policy 
guidance for keeping NASA on track to achieve their objectives; and to 
ensure that there is a good balance between the different activities 
that NASA performs.
  Just a few days ago, NASA released their Exploration Systems 
Architecture Study. The study describes how NASA plans to implement the 
President's Vision for Space Exploration by returning to the Moon and 
preparing to go beyond.
  Through this NASA bill, Congress can provide constructive support to 
the good work being done by Administrator Michael Griffin, as they 
begin to implement the President's vision and prepare NASA for the 
challenges of the future.
  This is a 5-year bill, authorizing NASA from 2006 through 2010. It 
authorizes NASA appropriations in excess of the President's budget 
request.
  For fiscal year 2006, the President requested $16.456 billion, which 
is a 2.4 percent increase over the fiscal year 2005 NASA operating 
budget. Recently the Commerce, Justice, and Science Appropriations 
Subcommittee approved $16.4 billion for NASA. This bill authorizes 
$16.556 billion for fiscal year 2006, which is a 3 percent increase 
over the fiscal year 2005 NASA operating budget. This bill authorizes 
increases at a level of about 3 percent each year, consistently 
providing more funding than the President's budget projection.
  Like many of our colleagues, Senator Hutchison and I believe that 
recent NASA budget requests have been below the levels required for 
NASA to perform its various missions effectively. Once this bill is 
enacted, we intend to work with the Appropriations Committee to ensure 
that adequate funds are provided for NASA to succeed.
  This legislation authorizes NASA to return humans to the Moon, to 
explore it, and to maintain a human presence on the Moon. Consistent 
with the President's vision, it also requires using what we learn and 
develop on the Moon as a stepping stone to future exploration of Mars.
  To carry out these missions, our bill requires NASA to develop an 
implementation plan for the transition from shuttle to crew exploration 
vehicle, CEV. The plan will help NASA to make a smooth transition from 
retirement of the space shuttle orbiters to the replacement spacecraft 
systems. The implementation plan will help make sure that we can keep 
the skills and the focus that are needed to assure that each space 
shuttle flight is safe through retirement of the orbiters, and to 
retain those personnel needed for the CEV and heavy-lift cargo 
spacecraft.
  It is essential to our national security that we prevent any hiatus 
or gap in which the United States cannot send astronauts to space 
without relying on a foreign country. The Russians have been good 
partners in construction of the International Space Station, and the 
Soyuz spacecraft has been a reliable vehicle for our astronauts. But 
with all of the uncertainties in our relationship with Russia, we 
simply cannot allow ourselves the vulnerability of being totally 
dependent on the Soyuz. We need to maintain assured access to space by 
U.S. astronauts on a continuous basis. We therefore require in this 
legislation, that there not be a hiatus

[[Page 21475]]

between the retirement of the space shuttle orbiters and the 
availability of the next generation U.S. human-rated spacecraft.
  We have worked with NASA to address their concerns regarding the 
hiatus, and have crafted language that expresses our desire not to have 
a gap, and that NASA feels is suitable. We are aware of Dr. Griffin's 
efforts to reduce the potential for a gap and we appreciate the work 
that he is doing to accelerate the crew exploration vehicle.
  Our bill directs NASA to plan for and consider a Hubble servicing 
mission after the two Space Shuttle Return to Flight missions have been 
completed.
  Americans are inspired by the images that Hubble produces. The new 
instruments to be added during the SM-4 Hubble servicing mission will 
produce higher quality images; enable us to see further into space; and 
give scientists a better understanding of our universe's past, and 
perhaps of our future. The replacement gyroscopes and batteries that 
are planned for the mission will extend Hubble's life by 5 or more 
years.
  This NASA authorization bill calls for utilization of the 
International Space Station for basic science as well as exploration 
science. It is important that we reap the benefits of our multi-billion 
dollar investment in the Space Station. The promise of some basic 
science research requires a micro-gravity or a space environment for us 
to better understand the problem that we are trying to solve. This bill 
ensures that NASA will maintain a focus on the importance of basic 
science.
  In order to assure that we can meet our obligations with respect to 
the Space Station, the administration has requested that Congress 
modify the Iran Nonproliferation Act to ensure that we can continue to 
cooperate with the Russian Federation in this area. There may be 
periods when our only access to the Space Station will be on the 
Russian Soyuz spacecraft. But Russia's failure to cease all 
proliferation activities with respect to Iran has resulted in sanctions 
against Russia that would preclude such cooperation.
  This bill directs NASA to improve its safety culture. According to 
the Columbia Accident Investigation Board, CAIB, report, the safety 
culture at NASA was as much a cause of the Columbia tragedy as the 
physical cause. Low- and mid-level personnel felt that you could not 
elevate safety concerns without reprisals, or being ignored. NASA has 
already taken significant steps to address these problems, but we need 
to assure that the safety culture improves as quickly as possible and 
that it continues to improve.
  This legislation proposes that the Aerospace Safety Advisory Panel 
monitor and measure NASA's improvements to their safety culture, 
including employees' fear of reprisals for voicing concerns about 
safety.
  It also contains policy regarding NASA's need to consider and 
implement lessons learned, in order to avoid another preventable 
tragedy like the Challenger and Columbia disasters.
  This authorization bill addresses NASA aeronautics and America's 
preeminence in aviation. The Europeans have stated their intent to 
dominate the airplane market by 2020. It is not in our national 
interest to let that occur.
  We are calling on NASA to develop and demonstrate aviation 
technologies for reducing commercial aircraft noise levels at airports, 
making aircraft more fuel efficient, improving aircraft safety and 
security, and continuing the pursuit of revolutionary concepts such as 
hypersonic flight. Aeronautics is a very important function of NASA and 
needs to be continued and further developed. This bill calls on NASA to 
assure that at least 5 percent of the aeronautics budget is allocated 
for fundamental aeronautical research.
  NASA has a new direction, and they have outstanding leadership in Dr. 
Michael Griffin.
  We have an opportunity to authorize NASA for: implementing the Vision 
for Space Exploration; renewing our commitment to U.S. aviation and 
NASA aeronautics research; retaining or resurrecting very important 
science activities at NASA; and assuring that America has continuous 
human access to space.
  By passing this legislation, we will continue to advance our national 
security, strengthen our economy, inspire the next generation of 
explorers, and fulfill our destiny as explorers.
  Mr. STEVENS. Mr. President, passage of S. 1281, the NASA 
Authorization Act of 2005, is a milestone in our country's continued 
efforts to open and develop new frontiers.
  One year after the Columbia space shuttle tragedy, President Bush 
gave us a bold, new vision for the future of space exploration. This 
legislation provides the framework we need to implement the President's 
vision.
  The Moon is the strategic gateway to the rest of the solar system. It 
will ultimately be a critical point for many human endeavors. It will 
support economic growth, cutting-edge research and technology, and 
innovative partnerships.
  This legislation also provides NASA with important guidance for its 
other missions. It outlines a national aeronautics policy, which will 
be developed by the administration. This policy will enable us to take 
into account emerging challenges in aeronautics research as we plan our 
investments going forward.
  S. 1281 also calls for the implementation of a balanced space science 
program and highlights the need for better access to data which can 
meet local and national challenges.
  This is a bipartisan bill which provides a solid foundation for our 
current and future space activities. I am pleased we are sustaining our 
long-standing commitment to space exploration.
  Mr. GRAHAM. I ask unanimous consent that the Hutchison amendment at 
the desk be agreed to; the committee-reported amendments, as amended, 
if amended, be agreed to; the bill, as amended, be read a third time 
and passed; the motions to reconsider be laid upon the table; and that 
any statements relating to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 1875) was agreed to.
  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  The committee amendments were agreed to.
  The bill (S. 1281), as amended, was read the third time and passed.

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