[Congressional Record (Bound Edition), Volume 151 (2005), Part 20]
[House]
[Pages 27430-27451]
[From the U.S. Government Publishing Office, www.gpo.gov]




NATIONAL AERONAUTICS AND SPACE ADMINISTRATION AUTHORIZATION ACT OF 2005

  Mr. BOEHLERT. Mr. Speaker, I ask unanimous consent to take from the 
Speaker's table the Senate bill (S. 1281) to authorize appropriations 
for the National Aeronautics and Space Administration for science, 
aeronautics, exploration, exploration capabilities, and the Inspector 
General, and for other purposes, for fiscal years 2006, 2007, 2008, 
2009, and 2010, and ask for its immediate consideration in the House.
  The Clerk read the title of the Senate bill.
  The SPEAKER pro tempore (Mr. Simpson). Is there objection to the 
request of the gentleman from New York?
  There was no objection.
  The Clerk read the Senate bill, as follows:

                                S. 1281

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

                TITLE I--AUTHORIZATION OF APPROPRIATIONS

                       Subtitle A--Authorizations

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

                     Subtitle B--General Provisions

Sec. 131. Implementation of a science program that extends human 
              knowledge and understanding of the Earth, sun, solar 
              system, and the universe.
Sec. 132. Biennial reports to Congress on science programs.
Sec. 133. Status report on Hubble Space Telescope servicing mission.
Sec. 134. Develop expanded permanent human presence beyond low-Earth 
              orbit.
Sec. 135. Ground-based analog capabilities.
Sec. 136. Space launch and transportation transition, capabilities, and 
              development.
Sec. 137. Lessons learned and best practices.
Sec. 138. Safety management.
Sec. 139. Creation of a budget structure that aids effective oversight 
              and management.
Sec. 140. Earth observing system.
Sec. 141. NASA healthcare program.
Sec. 142. Assessment of extension of data collection from Ulysses and 
              Voyager spacecraft.
Sec. 143. Program to expand distance learning in rural underserved 
              areas.
Sec. 144. Institutions in NASA'S minority institutions program.
Sec. 145. Aviation safety program.
Sec. 146. Atmospheric, geophysical, and rocket research authorization.
Sec. 147. Orbital debris.
Sec. 148. Continuation of certain educational programs.
Sec. 149. Establishment of the Charles ``Pete'' Conrad Astronomy Awards 
              Program.
Sec. 150. GAO assessment of feasibility of Moon and Mars exploration 
              missions.
Sec. 151. Workforce.
Sec. 152. Major research equipment and facilities.
Sec. 153. Data on specific fields of study.

             Subtitle C--Limitations and Special Authority

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

                 TITLE II--INTERNATIONAL SPACE STATION

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

            TITLE III--NATIONAL SPACE TRANSPORTATION POLICY

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

                 TITLE IV--ENABLING COMMERCIAL ACTIVITY

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

             TITLE V--AERONAUTICS RESEARCH AND DEVELOPMENT

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

          TITLE VI--MISCELLANEOUS ADMINISTRATIVE IMPROVEMENTS.

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

     SEC. 2. FINDINGS.

       The Congress finds the following:
       (1) It is the policy of the United States to advance United 
     States scientific, security, and economic interests through a 
     healthy and active space exploration program.
       (2) Basic and applied research in space science, Earth 
     science, and aeronautics remain a significant part of the 
     Nation's goals for the use and development of space. Basic 
     research and development is an important component of NASA's 
     program of exploration and discovery.
       (3) Maintaining the capability to safely send humans into 
     space is essential to United States national and economic 
     security, United States preeminence in space, and inspiring 
     the next generation of explorers. Thus, a gap in United 
     States human space flight capability is harmful to the 
     national interest.
       (4) The exploration, development, and permanent habitation 
     of the Moon will inspire the Nation, spur commerce, 
     imagination, and excitement around the world, and open the 
     possibility of further exploration of Mars. NASA should 
     return to the Moon within the next decade.
       (5) The establishment of the capability for consistent 
     access to and stewardship of the region between the Moon and 
     Earth is in the national security and commercial interests of 
     the United States.
       (6) Commercial development of space, including exploration 
     and other lawful uses, is in the interest of the United 
     States and the international community at large.

[[Page 27431]]

       (7) Research and access to capabilities to support a 
     national laboratory facility within the United States segment 
     of the ISS in low-Earth orbit are in the national policy 
     interests of the United States, including maintenance and 
     development of an active and healthy stream of research from 
     ground to space in areas that can uniquely benefit from 
     access to this facility.
       (8) NASA should develop vehicles to replace the Shuttle 
     orbiter's capabilities for transporting crew and heavy cargo 
     while utilizing the current program's resources, including 
     human capital, capabilities, and infrastructure. Using these 
     resources can ease the transition to a new space 
     transportation system, maintain an essential industrial base, 
     and minimize technology and safety risks.
       (9) The United States must remain the leader in aeronautics 
     and aviation. Any erosion of this preeminence is not in the 
     Nation's economic or security interest. NASA should align its 
     aerospace leadership to ensure United States leadership. A 
     national effort is needed to ensure that NASA's aeronautics 
     programs are leading contributors to the Nation's civil and 
     military aviation needs, as well as to its exploration 
     capabilities.

     SEC. 3. DEFINITIONS.

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

                TITLE I--AUTHORIZATION OF APPROPRIATIONS

                       Subtitle A--Authorizations

     SEC. 101. FISCAL YEAR 2006.

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

     SEC. 102. FISCAL YEAR 2007.

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

     SEC. 103. FISCAL YEAR 2008.

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

     SEC. 104. FISCAL YEAR 2009.

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

     SEC. 105. FISCAL YEAR 2010.

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

     SEC. 106. EVALUATION CRITERIA FOR BUDGET REQUEST.

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

                     Subtitle B--General Provisions

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

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

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

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

[[Page 27432]]

     mission, schedule, and budget for key lunar mission-enabling 
     technology areas, including areas for possible innovative 
     governmental and commercial activities and partnerships;
       (3) as part of NASA's annual budget submission, submit to 
     the Congress a plan for NASA's lunar robotic precursor and 
     technology programs, including current and planned technology 
     investments and scientific research that support the lunar 
     program;
       (4) conduct an intensive in-situ resource utilization 
     technology program in order to develop the capability to use 
     space resources to increase independence from Earth, and 
     sustain exploration beyond low-Earth orbit;
       (5) conduct a program to assure the health and safety of 
     astronauts during extended space exploration missions which 
     include more effective countermeasures to mitigate 
     deleterious effects of such missions, and the means to 
     provide in-space exploration medical care delivery to crews 
     with little or no real-time support from Earth, relevant 
     issues such as radiation exposure, exercise countermeasures, 
     cardiac health, diagnostic and monitoring devices, and 
     medical imaging;
       (6) utilize advanced power and propulsion technologies, 
     including nuclear and electric technologies, to enable or 
     enhance robotic and human exploration missions when feasible; 
     and
       (7) develop a robust technology development program to 
     provide surface power for use on the Moon and other locations 
     relevant to NASA space exploration goals which, to the extent 
     feasible, address needs for modular, scalable power sources 
     for a range of applications on the Moon including human and 
     vehicular uses.

     SEC. 135. GROUND-BASED ANALOG CAPABILITIES.

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

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

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

     SEC 137. LESSONS LEARNED AND BEST PRACTICES.

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

     SEC. 138. SAFETY MANAGEMENT.

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

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

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

     SEC. 140. EARTH OBSERVING SYSTEM.

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

     SEC. 141. NASA HEALTHCARE PROGRAM.

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

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

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

[[Page 27433]]



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

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

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

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

     SEC. 145. AVIATION SAFETY PROGRAM.

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

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

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

     SEC. 147. ORBITAL DEBRIS.

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

     SEC. 148. CONTINUATION OF CERTAIN EDUCATIONAL PROGRAMS.

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

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

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

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

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

     SEC. 151. WORKFORCE.

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

     SEC. 152. MAJOR RESEARCH EQUIPMENT AND FACILITIES.

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

     SEC. 153. DATA ON SPECIFIC FIELDS OF STUDY.

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

[[Page 27434]]

     shall consult with the Director of the National Science 
     Foundation concerning the wording of the question or 
     questions to be added to the Survey.

             Subtitle C--Limitations and Special Authority

     SEC. 161. OFFICIAL REPRESENTATIONAL FUND.

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

     SEC. 162. FACILITIES MANAGEMENT.

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

                 TITLE II--INTERNATIONAL SPACE STATION

     SEC. 201. INTERNATIONAL SPACE STATION COMPLETION.

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

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

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

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

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

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

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

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

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

            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

[[Page 27435]]

     that will ensure that any NASA programs can utilize the human 
     capital resources of the Shuttle program, to the maximum 
     extent practicable;
       (3) the implications for and impact on the Nation's 
     aerospace industrial base;
       (4) the manner in which the proposed vehicles contribute to 
     a national mixed fleet launch and flight capacity;
       (5) the nature and timing of the transition from the Space 
     Shuttle to the workforce, the proposed vehicles, and any 
     related infrastructure;
       (6) support for ISS crew transportation, ISS utilization, 
     and lunar exploration architecture;
       (7) for any human rated vehicle, a crew escape system, as 
     well as substantial protection against orbital debris strikes 
     that offers a high level of safety;
       (8) development risk areas;
       (9) the schedule and cost;
       (10) the relationship between crew and cargo capabilities; 
     and
       (11) the ability to reduce risk through the use of 
     currently qualified hardware.

     SEC. 302. SPACE SHUTTLE TRANSITION.

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

     SEC. 303. COMMERCIAL LAUNCH VEHICLES.

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

     SEC. 304. SECONDARY PAYLOAD CAPABILITY.

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

     SEC. 305. POWER AND PROPULSION REPORTING.

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

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

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

                 TITLE IV--ENABLING COMMERCIAL ACTIVITY

     SEC. 401. COMMERCIALIZATION PLAN.

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

     SEC. 402. COMMERCIAL TECHNOLOGY TRANSFER PROGRAM.

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

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

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

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

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

[[Page 27436]]

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

     SEC. 404. COMMERCIAL GOODS AND SERVICES.

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

             TITLE V--AERONAUTICS RESEARCH AND DEVELOPMENT

     SEC. 501. GOVERNMENTAL INTEREST IN AERONAUTICS.

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

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

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

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

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

[[Page 27437]]

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

     SEC. 504. TEST FACILITIES.

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

     SEC. 505. MISCELLANEOUS PROVISIONS.

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

          TITLE VI--MISCELLANEOUS ADMINISTRATIVE IMPROVEMENTS

     SEC. 601. EXTENSION OF INDEMNIFICATION AUTHORITY.

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

     SEC. 602. INTELLECTUAL PROPERTY PROVISIONS.

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

     SEC. 603. RETROCESSION OF JURISDICTION.

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

     ``SEC. 317. RETROCESSION OF JURISDICTION.

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

     SEC. 604. RECOVERY AND DISPOSITION AUTHORITY.

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

     ``SEC. 318. RECOVERY AND DISPOSITION AUTHORITY.

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

     SEC. 605. REQUIREMENT FOR INDEPENDENT COST ANALYSIS.

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

     SEC. 606. ELECTRONIC ACCESS TO BUSINESS OPPORTUNITIES.

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

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

       ``(a) In General.--The Administrator may implement a pilot 
     program providing for reduction in the waiting period between 
     publication of notice of a proposed contract action and 
     release of the solicitation for procurements conducted by the 
     National Aeronautics and Space Administration.
       ``(b) Applicability.--The program implemented under 
     subsection (a) shall apply to non-commercial acquisitions--
       ``(1) with a total value in excess of $100,000 but not more 
     than $5,000,000, including options;
       ``(2) that do not involve bundling of contract requirements 
     as defined in section 3(o)

[[Page 27438]]

     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. 607. REPORTS ELIMINATION.

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

     SEC. 608. SMALL BUSINESS CONTRACTING.

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

     SEC. 609. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW AND REPORT.

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


                     Motion Offered by Mr. Boehlert

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


[[Page 27439]]

       Mr. Boehlert of New York moves to strike all after the 
     enacting clause of S. 1281 and insert in lieu thereof the 
     text of H.R. 3070 as passed by the House, as follows:

                                S. 1281

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

                TITLE I--GENERAL PRINCIPLES AND REPORTS

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

               TITLE II--AUTHORIZATION OF APPROPRIATIONS

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

                           TITLE III--SCIENCE

                     Subtitle A--General Provisions

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

                       Subtitle B--Remote Sensing

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

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

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

                         TITLE IV--AERONAUTICS

Sec. 401. Definition.

  Subtitle A--National Policy for Aeronautics Research and Development

Sec. 411. Policy.

     Subtitle B--NASA Aeronautics Breakthrough Research Initiatives

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

 Subtitle C--Other NASA Aeronautics Research and Development Activities

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

                      TITLE V--HUMAN SPACE FLIGHT

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

                     TITLE VI--OTHER PROGRAM AREAS

                  Subtitle A--Space and Flight Support

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

                         Subtitle B--Education

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

                  TITLE VII--MISCELLANEOUS AMENDMENTS

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

                  TITLE VIII--INDEPENDENT COMMISSIONS

Sec. 801. Definitions.

 Subtitle A--International Space Station Independent Safety Commission

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

  Subtitle B--Human Space Flight Independent Investigation Commission

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

         Subtitle C--Organization and Operation of Commissions

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

     SEC. 2. FINDINGS.

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

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the National Aeronautics and Space 
     Administration.
       (2) ISS.--The term ``ISS'' means the International Space 
     Station.
       (3) NASA.--The term ``NASA'' means the National Aeronautics 
     and Space Administration.

                TITLE I--GENERAL PRINCIPLES AND REPORTS

     SEC. 101. RESPONSIBILITIES, POLICIES, AND PLANS.

       (a) General Responsibilities.--
       (1) Programs.--The Administrator shall ensure that NASA 
     carries out a balanced set of programs that shall include, at 
     a minimum, programs in--
       (A) human space flight, in accordance with subsection (b);
       (B) aeronautics research and development; and
       (C) scientific research, which shall include, at a 
     minimum--
       (i) robotic missions to study planets, and to deepen 
     understanding of astronomy, astrophysics, and other areas of 
     science that can be productively studied from space;
       (ii) earth science research and research on the Sun-Earth 
     connection through the development and operation of research 
     satellites and other means;
       (iii) support of university research in space science, 
     earth science and microgravity science.
       (iv) research on microgravity, including research that is 
     not directly related to human exploration.
       (2) Consultation and coordination.--In carrying out the 
     programs of NASA, the Administrator shall--
       (A) consult and coordinate to the extent appropriate with 
     other relevant Federal

[[Page 27440]]

     agencies, including through the National Science and 
     Technology Council;
       (B) work closely with the private sector, including by--
       (i) encouraging the work of entrepreneurs who are seeking 
     to develop new means to launch satellites, crew, or cargo;
       (ii) contracting with the private sector for crew and cargo 
     services to the extent practicable; and
       (iii) using commercially available products (including 
     software) and services to the extent practicable to support 
     all NASA activities; and
       (C) involve other nations to the extent appropriate.
       (b) Vision for Space Exploration.--The Administrator shall 
     manage human space flight programs to strive to achieve the 
     following goals:
       (1) Returning Americans to the Moon no later than 2020.
       (2) Launching the Crew Exploration Vehicle as close to 2010 
     as possible.
       (3) Increasing knowledge of the impacts of long duration 
     stays in space on the human body using the most appropriate 
     facilities available.
       (4) Enabling humans to land on and return from Mars and 
     other destinations on a timetable that is technically and 
     fiscally possible.
       (c) Aeronautics.--
       (1) In general.--The President of the United States, 
     through the Administrator, and in consultation with other 
     Federal agencies, shall develop a national aeronautics policy 
     to guide the aeronautics programs of NASA through 2020.
       (2) Content.--At a minimum, the national aeronautics policy 
     shall describe for NASA--
       (A) the priority areas of research for aeronautics through 
     fiscal year 2011;
       (B) the basis on which and the process by which priorities 
     for ensuing fiscal years will be selected;
       (C) the facilities and personnel needed to carry out the 
     aeronautics program through fiscal year 2011; and
       (D) the budget assumptions on which the national 
     aeronautics policy is based, which for fiscal years 2006 and 
     2007 shall be the authorized level for aeronautics provided 
     in title II of this Act.
       (3) Considerations.--In developing the national aeronautics 
     policy, the President shall consider the following issues, 
     which shall be discussed in the transmittal under paragraph 
     (5):
       (A) The extent to which NASA should focus on long-term, 
     high-risk research or more incremental research, and the 
     expected impact on the United States aircraft and airline 
     industries of that decision.
       (B) The extent to which NASA should address military and 
     commercial needs.
       (C) How NASA will coordinate its aeronautics program with 
     other Federal agencies.
       (D) The extent to which NASA will fund university research, 
     and the expected impact of that funding on the supply of 
     United States workers for the aeronautics industry.
       (E) The extent to which the priority areas of research 
     listed pursuant to paragraph (2)(A) should include the 
     activities authorized by title IV of this Act, the discussion 
     of which shall include a priority ranking of all of the 
     activities authorized in title IV and an explanation for that 
     ranking.
       (4) Consultation.--In the development of the national 
     aeronautics policy, the Administrator shall consult widely 
     with academic and industry experts and with other Federal 
     agencies. The Administrator may enter into an arrangement 
     with the National Academy of Sciences to help develop the 
     national aeronautics policy.
       (5) Schedule.--The Administrator shall transmit the 
     national aeronautics policy to the Committee on 
     Appropriations and the Committee on Science of the House of 
     Representatives, and to the Committee on Appropriations and 
     the Committee on Commerce, Science, and Transportation of the 
     Senate, not later than the date on which the President 
     submits the proposed budget for the Federal Government for 
     fiscal year 2007 to the Congress. The Administrator shall 
     make available to those committees any study done by a 
     nongovernmental entity that was used in the development of 
     the national aeronautics policy.
       (d) Science.--
       (1) In general.--The Administrator shall develop a policy 
     to guide the science programs of NASA through 2016.
       (2) Content.--At a minimum, the policy shall describe--
       (A) the missions NASA will initiate, design, develop, 
     launch, or operate in space science and earth science through 
     fiscal year 2016, including launch dates;
       (B) a priority ranking of all of the missions listed under 
     subparagraph (A), and the rationale for the ranking;
       (C) the budget assumptions on which the policy is based, 
     which for fiscal years 2006 and 2007 shall be consistent with 
     the authorizations provided in title II of this Act; and
       (D) the facilities and personnel needed to carry out the 
     policy through fiscal year 2016.
       (3) Considerations.--In developing the science policy under 
     this subsection, the Administrator shall consider the 
     following issues, which shall be discussed in the transmittal 
     under paragraph (6):
       (A) What the most important scientific questions in space 
     science and earth science are.
       (B) The relationship between NASA's space and earth science 
     activities and those of other Federal agencies.
       (4) Consultation.--In developing the policy under this 
     subsection, the Administrator shall draw on decadal surveys 
     and other reports in planetary science, astronomy, solar and 
     space physics, earth science, and any other relevant fields 
     developed by the National Academy of Sciences. The 
     Administrator shall also consult widely with academic and 
     industry experts and with other Federal agencies.
       (5) Hubble space telescope.--The policy developed under 
     this subsection shall address plans for a human mission to 
     repair the Hubble Space Telescope consistent with section 302 
     of this Act.
       (6) Schedule.--The Administrator shall transmit the policy 
     developed under this subsection to the Committee on Science 
     of the House of Representatives and the Committee on 
     Commerce, Science, and Transportation of the Senate not later 
     than the date on which the President submits the proposed 
     budget for the Federal Government for fiscal year 2007 to the 
     Congress. The Administrator shall make available to those 
     committees any study done by a nongovernmental entity that 
     was used in the development of the policy.
       (e) Facilities.--
       (1) In general.--The Administrator shall develop a plan for 
     managing NASA's facilities through fiscal year 2015. The plan 
     shall be consistent with the policies and plans developed 
     pursuant to this section.
       (2) Content.--At a minimum, the plan shall describe--
       (A) any new facilities NASA intends to acquire, whether 
     through construction, purchase, or lease, and the expected 
     dates for doing so;
       (B) any facilities NASA intends to significantly modify, 
     and the expected dates for doing so;
       (C) any facilities NASA intends to close, and the expected 
     dates for doing so;
       (D) any transaction NASA intends to conduct to sell, lease, 
     or otherwise transfer the ownership of a facility, and the 
     expected dates for doing so;
       (E) how each of the actions described in subparagraphs (A), 
     (B), (C), and (D) will enhance the ability of NASA to carry 
     out its programs;
       (F) the expected costs or savings expected from each of the 
     actions described in subparagraphs (A), (B), (C), and (D);
       (G) the priority order of the actions described in 
     subparagraphs (A), (B), (C), and (D);
       (H) the budget assumptions of the plan, which for fiscal 
     years 2006 and 2007 shall be consistent with the 
     authorizations provided in title II of this Act; and
       (I) how facilities were evaluated in developing the plan.
       (3) Schedule.--The Administrator shall transmit the plan 
     developed under this subsection to the Committee on Science 
     of the House of Representatives and the Committee on 
     Commerce, Science, and Transportation of the Senate not later 
     than the date on which the President submits the proposed 
     budget for the Federal Government for fiscal year 2008 to the 
     Congress.
       (f) Workforce.--
       (1) In general.--The Administrator shall develop a human 
     capital strategy to ensure that NASA has a workforce of the 
     appropriate size and with the appropriate skills to carry out 
     the programs of NASA, consistent with the policies and plans 
     developed pursuant to this section. The strategy shall cover 
     the period through fiscal year 2011.
       (2) Content.--The strategy shall describe, at a minimum--
       (A) any categories of employees NASA intends to reduce, the 
     expected size and timing of those reductions, the methods 
     NASA intends to use to make the reductions, and the reasons 
     NASA no longer needs those employees;
       (B) any categories of employees NASA intends to increase, 
     the expected size and timing of those increases, the methods 
     NASA intends to use to recruit the additional employees, and 
     the reasons NASA needs those employees;
       (C) the steps NASA will use to retain needed employees; and
       (D) the budget assumptions of the strategy, which for 
     fiscal years 2006 and 2007 shall be consistent with the 
     authorizations provided in title II of this Act, and any 
     expected additional costs or savings from the strategy by 
     fiscal year.
       (3) Schedule.--The Administrator shall transmit the 
     strategy developed under this subsection to the Committee on 
     Science of the House of Representatives and the Committee on 
     Commerce, Science, and Transportation of the Senate not later 
     than the date on which the President submits the proposed 
     budget for the Federal Government for fiscal year 2007 to the 
     Congress. At least 60 days before transmitting the strategy, 
     NASA shall provide a draft of the strategy to its Federal 
     Employee Unions for a 30-day consultation period after which 
     NASA shall respond in writing to any written concerns 
     provided by the Unions.

[[Page 27441]]

       (4) Limitation.--NASA may not initiate any buyout offer 
     until 60 days after the strategy required by this subsection 
     has been transmitted to the Congress in accordance with 
     paragraph (3). NASA may not implement any Reduction in Force 
     or other involuntary separations (except for cause) prior to 
     February 16, 2007.
       (g) Center Management.--
       (1) In general.--The Administrator shall conduct a study to 
     determine whether any of NASA's centers should be operated by 
     or with the private sector by converting a center to a 
     Federally Funded Research and Development Center or through 
     any other mechanism.
       (2) Content.--The study shall, at a minimum--
       (A) make a recommendation for the operation of each center 
     and provide reasons for that recommendation; and
       (B) describe the advantages and disadvantages of each mode 
     of operation considered in the study.
       (3) Considerations.--In conducting the study, the 
     Administrator shall take into consideration the experiences 
     of other relevant Federal agencies in operating laboratories 
     and centers and any reports that have reviewed the mode of 
     operation of those laboratories and centers, as well as any 
     reports that have reviewed NASA's centers.
       (4) Schedule.--The Administrator shall transmit the study 
     conducted under this subsection to the Committee on Science 
     of the House of Representatives and the Committee on 
     Commerce, Science, and Transportation of the Senate not later 
     than May 31, 2006.
       (h) Budgets.--The proposed budget for NASA submitted by the 
     President for each fiscal year shall be accompanied by 
     documents showing--
       (1) the budget for each element of the human space flight 
     program;
       (2) the budget for aeronautics;
       (3) the budget for space science;
       (4) the budget for earth science;
       (5) the budget for microgravity science;
       (6) the budget for education;
       (7) the budget for technology transfer programs;
       (8) the budget for the Integrated Financial Management 
     Program, by individual element;
       (9) the budget for the Independent Technical Authority, 
     both total and by center;
       (10) the budget for public relations, by program;
       (11) the comparable figures for at least the 2 previous 
     fiscal years for each item in the proposed budget;
       (12) the amount of unobligated funds and unexpended funds, 
     by appropriations account--
       (A) that remained at the end of the fiscal year prior to 
     the fiscal year in which the budget is being presented that 
     were carried over into the fiscal year in which the budget is 
     being presented;
       (B) that are estimated will remain at the end of the fiscal 
     year in which the budget is being presented that are proposed 
     to be carried over into the fiscal year for which the budget 
     is being presented; and
       (C) that are estimated will remain at the end of the fiscal 
     year for which the budget is being presented; and
       (13) the budget for safety, by program.
       (i) General and Administrative Expenses.--NASA shall make 
     available, upon request from the Committee on Science of the 
     House of Representatives or the Committee on Commerce, 
     Science, and Transportation of the Senate, information on 
     Corporate and Center General and Administrative Costs and 
     Service Pool costs, including--
       (1) the total amount of funds being allocated for those 
     purposes for any fiscal year for which the President has 
     submitted an annual budget request to Congress;
       (2) the amount of funds being allocated for those purposes 
     for each center, for headquarters, and for each directorate; 
     and
       (3) the major activities included in each cost category.
       (j) NASA Test Facilities.--
       (1) Review.--The Director of the Office of Science and 
     Technology Policy shall commission an independent review of 
     the Nation's long-term strategic needs for test facilities 
     and shall submit the review to the Committee on Science of 
     the House of Representatives and the Committee on Commerce, 
     Science, and Transportation of the Senate. The review shall 
     include an evaluation of the facility needs described 
     pursuant to subsection (c)(2)(C).
       (2) Limitation.--The Administrator shall not close or 
     mothball any aeronautical test facilities identified in the 
     2003 independent assessment by the RAND Corporation, entitled 
     ``Wind Tunnel and Propulsion Test Facilities: An Assessment 
     of NASA's Capabilities to Serve National Needs'' as being 
     part of the minimum set of those facilities necessary to 
     retain and manage to serve national needs, as well as any 
     other non-aeronautical NASA test facilities that were in use 
     as of January 1, 2004, until the review conducted under 
     paragraph (1) has been transmitted to the Congress.

     SEC. 102. REPORTS.

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

[[Page 27442]]

     undertaken pursuant to notice under the preceding sentence.
       (e) Joint Dark Energy Mission.--The Administrator and the 
     Director of the Department of Energy Office of Science shall 
     jointly transmit to the Committee on Science of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate, not later than the date on 
     which the President submits the proposed budget for the 
     Federal Government for fiscal year 2007, a report on plans 
     for a Joint Dark Energy Mission. The report shall include the 
     amount of funds each agency intends to expend on the Joint 
     Dark Energy Mission for each of the fiscal years 2007 through 
     2011, and any specific milestones for the development and 
     launch of the Mission.
       (f) Shuttle Employee Transition.--The Administrator shall 
     consult with other appropriate Federal agencies and with NASA 
     contractors and employees to develop a transition plan for 
     Federal and contractor personnel engaged in the Space Shuttle 
     program. The plan shall include actions to assist Federal and 
     contractor personnel to take advantage of training, 
     retraining, job placement, and relocation programs, and any 
     other actions that NASA will take to assist the employees. 
     The plan shall also describe how the Administrator will 
     ensure that NASA and its contractors will have an appropriate 
     complement of employees to allow for the safest possible use 
     of the Space Shuttle through its final flight. The 
     Administrator shall transmit the plan to the Committee on 
     Science of the House of Representatives and the Committee on 
     Commerce, Science, and Transportation of the Senate not later 
     than February 1, 2006.
       (g) Office of Science and Technology Policy.--
       (1) Study.--The Director of the Office of Science and 
     Technology Policy shall conduct a study to determine--
       (A) if any research and development programs of NASA are 
     unnecessarily duplicating aspects of programs of other 
     Federal agencies; and
       (B) if any research and development programs of NASA are 
     neglecting any topics of national interest that are related 
     to the mission of NASA.
       (2) Report.--Not later than March 1, 2006, the Director of 
     the Office of Science and Technology Policy shall transmit to 
     the Committee on Science of the House of Representatives and 
     the Committee on Commerce, Science, and Transportation of the 
     Senate a report that--
       (A) describes the results of the study under paragraph (1);
       (B) lists the research and development programs of Federal 
     agencies other than NASA that were reviewed as part of the 
     study, which shall include any program supporting research 
     and development in an area related to the programs of NASA, 
     and the most recent budget figures for those programs of 
     other agencies;
       (C) recommends any changes to the research and development 
     programs of NASA that should be made to eliminate unnecessary 
     duplication or address topics of national interest; and
       (D) describes mechanisms the Office of Science and 
     Technology Policy will use to ensure adequate coordination 
     between NASA and Federal agencies that operate related 
     programs.
       (h) Office of Small and Disadvantaged Business 
     Utilization.--The Administrator shall transmit to the 
     Committee on Science and the Committee on Small Business of 
     the House of Representatives and the Committee on Commerce, 
     Science, and Transportation and the Committee on Small 
     Business and Entrepreneurship of the Senate a quarterly 
     report on the NASA Office of Small and Disadvantaged Business 
     Utilization, which shall include a description of the 
     outreach activities of the Office and the impact of such 
     activities on the participation of small businesses, 
     including small businesses owned by women and minorities, in 
     NASA contracts.

     SEC. 103. BASELINES AND COST CONTROLS.

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

     NASA shall complete an analysis initiated under paragraph (2) 
     not later than 6 months after the Administrator makes a 
     determination under this subsection. The Administrator shall 
     transmit the analysis to the Committee on Science of the 
     House of Representatives and Committee on Commerce, Science, 
     and Transportation of the Senate not later than 30 days after 
     its completion.
       (e) Thirty Percent Threshold.--If the Administrator 
     determines under subsection (d) that the development cost of 
     a program will exceed the estimate provided in the Baseline 
     Report of the program by more than the lower of 30 percent or 
     $1,000,000,000, then, beginning 18 months after the date the 
     Administrator transmits a report under subsection (d)(1), the 
     Administrator shall not expend any additional funds on the 
     program, other than termination costs, unless the Congress 
     has subsequently authorized continuation of the program by 
     law. An appropriation for the

[[Page 27443]]

     program enacted subsequent to a report being transmitted 
     shall be considered an authorization for purposes of this 
     subsection. If the program is continued, the Administrator 
     shall submit a new Baseline Report for the program no later 
     than 90 days after the date of enactment of the Act under 
     which Congress has authorized continuation of the program.
       (f) Definitions.--For the purposes of this section--
       (1) the term ``development'' means the phase of a program 
     following the formulation phase and beginning with the 
     approval to proceed to implementation, as defined in NASA's 
     Procedural Requirements 7120.5c, dated March 22, 2005;
       (2) the term ``development cost'' means the total of all 
     costs, including construction of facilities and civil servant 
     costs, from the period beginning with the approval to proceed 
     to implementation through the achievement of operational 
     readiness, without regard to funding source or management 
     control, for the life of the program;
       (3) the term ``life-cycle cost'' means the total of the 
     direct, indirect, recurring, and nonrecurring costs, 
     including the construction of facilities and civil servant 
     costs, and other related expenses incurred or estimated to be 
     incurred in the design, development, verification, 
     production, operation, maintenance, support, and retirement 
     of a program over its planned lifespan, without regard to 
     funding source or management control; and
       (4) the term ``major program'' means an activity approved 
     to proceed to implementation that has an estimated life-cycle 
     cost of more than $150,000,000.

     SEC. 104. PRIZE AUTHORITY.

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


                           ``Prize authority

       ``Sec. 314. (a) In General.--The Administration may carry 
     out a program to competitively award cash prizes to stimulate 
     innovation in basic and applied research, technology 
     development, and prototype demonstration that have the 
     potential for application to the performance of the space and 
     aeronautical activities of the Administration. The 
     Administration may carry out a program to award prizes only 
     in conformity with this section.
       ``(b) Topics.--In selecting topics for prize competitions, 
     the Administrator shall consult widely both within and 
     outside the Federal Government, and may empanel advisory 
     committees.
       ``(c) Advertising.--The Administrator shall widely 
     advertise prize competitions to encourage participation.
       ``(d) Requirements and Registration.--For each prize 
     competition, the Administrator shall publish a notice in the 
     Federal Register announcing the subject of the competition, 
     the rules for being eligible to participate in the 
     competition, the amount of the prize, and the basis on which 
     a winner will be selected.
       ``(e) Eligibility.--To be eligible to win a prize under 
     this section, an individual or entity--
       ``(1) shall have registered to participate in the 
     competition pursuant to any rules promulgated by the 
     Administrator under subsection (d);
       ``(2) shall have complied with all the requirements under 
     this section;
       ``(3) in the case of a private entity, shall be 
     incorporated in and maintain a primary place of business in 
     the United States, and in the case of an individual, whether 
     participating singly or in a group, shall be a citizen or 
     permanent resident of the United States; and
       ``(4) shall not be a Federal entity or Federal employee 
     acting within the scope of their employment.
       ``(f) Liability.--(1) Registered participants must agree to 
     assume any and all risks and waive claims against the United 
     States Government and its related entities, except in the 
     case of willful misconduct, for any injury, death, damage, or 
     loss of property, revenue, or profits, whether direct, 
     indirect, or consequential, arising from their participation 
     in a competition, whether such injury, death, damage, or loss 
     arises through negligence or otherwise. For the purposes of 
     this paragraph, the term `related entity' means a contractor 
     or subcontractor at any tier, and a supplier, user, customer, 
     cooperating party, grantee, investigator, or detailee.
       ``(2) Participants must obtain liability insurance or 
     demonstrate financial responsibility in amounts determined by 
     the Administrator, from claims by--
       ``(A) a third party for death, bodily injury, or property 
     damage, or loss resulting from an activity carried out in 
     connection with participation in a competition, with the 
     Federal Government named as an additional insured under the 
     registered participant's insurance policy and registered 
     participants agreeing to indemnify the Federal Government 
     against third party claims for damages arising from or 
     related to competition activities; and
       ``(B) the United States Government for damage or loss to 
     Government property resulting from such an activity.
       ``(g) Judges.--For each competition, the Administration, 
     either directly or through a contract under subsection (h), 
     shall assemble a panel of qualified judges to select the 
     winner or winners of the prize competition on the basis 
     described pursuant to subsection (d). Judges for each 
     competition shall include individuals from outside the 
     Administration, including from the private sector. A judge 
     may not--
       ``(1) have personal or financial interests in, or be an 
     employee, officer, director, or agent of any entity that is a 
     registered participant in a competition; or
       ``(2) have a familial or financial relationship with an 
     individual who is a registered participant.
       ``(h) Administering the Competition.--The Administrator may 
     enter into an agreement with a private, nonprofit entity to 
     administer the prize competition, subject to the provisions 
     of this section.
       ``(i) Funding.--(1) The Administrator may accept funds from 
     other Federal agencies and from the private sector for cash 
     prizes under this section. The Administrator may not give any 
     special consideration to any private sector entity in return 
     for a donation.
       ``(2) Notwithstanding any other provision of law, funds 
     appropriated for prize awards under this section shall remain 
     available until expended, and may be transferred, 
     reprogrammed, or expended for other purposes only after the 
     expiration of 10 fiscal years after the fiscal year for which 
     the funds were originally appropriated. No provision in this 
     section permits obligation or payment of funds in violation 
     of the Anti-Deficiency Act (31 U.S.C. 1341).
       ``(3) No prize may be announced under subsection (d) until 
     all the funds needed to pay out the announced amount of the 
     prize have been appropriated or committed in writing by a 
     private source. The Administrator may increase the amount of 
     a prize after an initial announcement is made under 
     subsection (d) if--
       (A) notice of the increase is provided in the same manner 
     as the initial notice of the prize; and
       (B) the funds needed to pay out the announced amount of the 
     increase have been appropriated or committed in writing by a 
     private source.
       ``(4) No prize competition under this section may offer a 
     prize in an amount greater than $10,000,000 unless 30 days 
     have elapsed after written notice has been provided to the 
     Committee on Science of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate.
       ``(j) Use of NASA Name and Insignia.--A registered 
     participant in a competition under this section may use the 
     Administration's name, initials, or insignia only after prior 
     review and written approval by the Administration.
       ``(k) Compliance With Existing Law.--The Federal Government 
     shall not, by virtue of offering or providing a prize under 
     this section, be responsible for compliance by registered 
     participants in a prize competition with Federal law, 
     including licensing, export control, and nonproliferation 
     laws, and related regulations.''.

     SEC. 105. FOREIGN LAUNCH VEHICLES.

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

     SEC. 106. SAFETY MANAGEMENT.

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

[[Page 27444]]

     the recommendations of the Columbia Accident Investigation 
     Board.''.

     SEC. 107. LESSONS LEARNED AND BEST PRACTICES.

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

     SEC. 108. COMMERCIALIZATION PLAN.

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

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

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

     SEC. 110. SPACE SHUTTLE RETURN TO FLIGHT.

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

     SEC. 111. WHISTLEBLOWER PROTECTION.

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

               TITLE II--AUTHORIZATION OF APPROPRIATIONS

     SEC. 201. STRUCTURE OF BUDGETARY ACCOUNTS.

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

     ``SEC. 313. BUDGETARY ACCOUNTS.

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

     SEC. 202. FISCAL YEAR 2006.

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

     SEC. 203. FISCAL YEAR 2007.

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

     SEC. 204. ISS RESEARCH.

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

     SEC. 205. TEST FACILITIES.

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

     SEC. 206. PROPORTIONALITY.

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

     SEC. 207. LIMITATIONS ON AUTHORITY.

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

     SEC. 208. NOTICE OF REPROGRAMMING.

       If any funds authorized by this Act are subject to a 
     reprogramming action that requires notice to be provided to 
     the Appropriations Committees of the House of Representatives 
     and the Senate, notice of such action shall concurrently be 
     provided to the Committee on Science of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate.

     SEC. 209. COST OVERRUNS.

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

     SEC. 210. OFFICIAL REPRESENTATIONAL FUND.

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

[[Page 27445]]



     SEC. 211. INTERNATIONAL SPACE STATION COST CAP.

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

                           TITLE III--SCIENCE

                     Subtitle A--General Provisions

     SEC. 301. PERFORMANCE ASSESSMENTS.

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

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

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

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

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

     SEC. 304. ASSESSMENT OF SCIENCE MISSION EXTENSIONS.

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

     SEC. 305. MICROGRAVITY RESEARCH.

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

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

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

                       Subtitle B--Remote Sensing

     SEC. 311. DEFINITIONS.

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

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

       (a) In General.--The Administrator shall establish a 
     program of grants for competitively awarded pilot projects to 
     explore the integrated use of sources of remote sensing and 
     other geospatial information to address State, local, 
     regional, and tribal agency needs.
       (b) Preferred Projects.--In awarding grants under this 
     section, the Administrator shall give preference to projects 
     that--
       (1) make use of commercial data sets, including high 
     resolution commercial satellite imagery and derived satellite 
     data products, existing public data sets where commercial 
     data sets are not available or applicable, or the fusion of 
     such data sets;

[[Page 27446]]

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

     SEC. 313. PROGRAM EVALUATION.

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

     SEC. 314. DATA AVAILABILITY.

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

     SEC. 315. EDUCATION.

       The Administrator shall establish an educational outreach 
     program to increase awareness at institutions of higher 
     education and State, local, regional, and tribal agencies of 
     the potential applications of remote sensing and other 
     geospatial information.

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

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

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

                         TITLE IV--AERONAUTICS

     SEC. 401. DEFINITION.

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

  Subtitle A--National Policy for Aeronautics Research and Development

     SEC. 411. POLICY.

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

     Subtitle B--NASA Aeronautics Breakthrough Research Initiatives

     SEC. 421. ENVIRONMENTAL AIRCRAFT RESEARCH AND DEVELOPMENT 
                   INITIATIVE.

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

[[Page 27447]]

     stringent in order to create new markets or expand existing 
     markets. The National Research Council shall seek input from 
     at least the aircraft manufacturing industry, academia, and 
     the airlines in carrying out the study.
       (2) Report.--A report containing the results of the study 
     conducted under paragraph (1) shall be provided to Congress 
     not later than 18 months after the date of enactment of this 
     Act.

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

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

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

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

 Subtitle C--Other NASA Aeronautics Research and Development Activities

     SEC. 431. FUNDAMENTAL RESEARCH AND TECHNOLOGY BASE PROGRAM.

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

     SEC. 432. AIRSPACE SYSTEMS RESEARCH.

       (a) Objective.--The Airspace Systems Research program shall 
     pursue research and development to enable revolutionary 
     improvements to and modernization of the National Airspace 
     System, as well as to enable the introduction of new systems 
     for vehicles that can take advantage of an improved, modern 
     air transportation system.
       (b) Alignment.--Not later than 2 years after the date of 
     enactment of this Act, the Administrator shall align the 
     projects of the Airspace Systems Research program so that 
     they directly support the objectives of the Joint Planning 
     and Development Office's Next Generation Air Transportation 
     System Integrated Plan.

     SEC. 433. AVIATION SAFETY AND SECURITY RESEARCH.

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

     SEC. 434. ZERO-EMISSIONS AIRCRAFT RESEARCH.

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

     SEC. 435. MARS AIRCRAFT RESEARCH.

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

     SEC. 436. HYPERSONICS RESEARCH.

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

     SEC. 437. NASA AERONAUTICS SCHOLARSHIPS.

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

     SEC. 438. AVIATION WEATHER RESEARCH.

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

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

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

     SEC. 440. UNIVERSITY-BASED CENTERS.

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

                      TITLE V--HUMAN SPACE FLIGHT

     SEC. 501. INTERNATIONAL SPACE STATION COMPLETION.

       (a) Elements, Capabilities, and Configuration Criteria.--
     The Administrator shall ensure that the ISS will be able to--

[[Page 27448]]

       (1) be used for a diverse range of microgravity research, 
     including fundamental, applied, and commercial research;
       (2) have an ability to support crew size of at least 6 
     persons, unless the Administrator transmits a report to the 
     Committee on Science of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate prior to awarding a development contract for the Crew 
     Exploration Vehicle, explaining why such a requirement should 
     not be met and the impact of not meeting the requirement on 
     the ISS research agenda and operations;
       (3) support Crew Exploration Vehicle docking and automated 
     docking of cargo vehicles or modules launched by either 
     heavy-lift or commercially-developed launch vehicles; and
       (4) be operated at an appropriate risk level.
       (b) Contingency Plan.--The transportation plan to support 
     ISS shall include contingency options to ensure sufficient 
     logistics and on-orbit capabilities to support any potential 
     period during which the Space Shuttle or its follow-on crew 
     and cargo systems is unavailable, and require sufficient 
     surge delivery capability or prepositioning of spares and 
     other supplies needed to accommodate any such hiatus.
       (c) Certification.--Not later than 60 days after the date 
     of enactment of this Act, and before making any change in the 
     ISS assembly sequence in effect on the date of enactment of 
     this Act, the Administrator shall certify in writing to the 
     Committee on Science of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate NASA's plan to meet the requirements of subsections 
     (a) and (b).
       (d) Centrifuge.--Nothing in this Act shall be construed to 
     prohibit the installation of the centrifuge on the ISS.

     SEC. 502. HUMAN EXPLORATION PRIORITIES.

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

     SEC. 503. GAO ASSESSMENT.

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

                     TITLE VI--OTHER PROGRAM AREAS

                  Subtitle A--Space and Flight Support

     SEC. 601. ORBITAL DEBRIS.

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

     SEC. 602. SECONDARY PAYLOAD CAPABILITY.

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

                         Subtitle B--Education

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

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

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

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

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

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

     SEC. 614. REVIEW OF EDUCATION PROGRAMS.

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

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

       The Administrator shall strive to ensure equal access for 
     minority and economically disadvantaged students to NASA's 
     Education programs. Not later than 1 year after the date of 
     enactment of this Act, and every 2 years thereafter, the 
     Administrator shall submit a report to the Committee on 
     Science of the House of Representatives and the Committee on 
     Commerce, Science, and

[[Page 27449]]

     Transportation of the Senate describing the efforts by the 
     Administrator to ensure equal access for minority and 
     economically disadvantaged students under this section, and 
     the results of such efforts. As part of the report, the 
     Administrator shall provide data on minority participation in 
     NASA's education programs, at a minimum in the following 
     categories: elementary and secondary education, undergraduate 
     education, and graduate education.

     SEC. 616. MUSEUMS.

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

     SEC. 617. REVIEW OF MUST PROGRAM.

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

                  TITLE VII--MISCELLANEOUS AMENDMENTS

     SEC. 701. RETROCESSION OF JURISDICTION.

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


                     ``Retrocession of Jurisdiction

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

     SEC. 702. EXTENSION OF INDEMNIFICATION.

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

     SEC. 703. NASA SCHOLARSHIPS.

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

     SEC. 704. INDEPENDENT COST ANALYSIS.

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

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

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

     SEC. 706. LONG DURATION FLIGHT.

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

                  TITLE VIII--INDEPENDENT COMMISSIONS

     SEC. 801. DEFINITIONS.

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

 Subtitle A--International Space Station Independent Safety Commission

     SEC. 811. ESTABLISHMENT OF COMMISSION.

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

     SEC. 812. TASKS OF THE COMMISSION.

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

     SEC. 813. SUNSET.

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

  Subtitle B--Human Space Flight Independent Investigation Commission

     SEC. 821. ESTABLISHMENT OF COMMISSION.

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

     SEC. 822. TASKS OF THE COMMISSION.

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

[[Page 27450]]

       (6) Prepare a report to Congress, the President, and the 
     public.

         Subtitle C--Organization and Operation of Commissions

     SEC. 831. COMPOSITION OF COMMISSIONS.

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

     SEC. 832. POWERS OF COMMISSION.

       (a) Hearings and Evidence.--A Commission or, on the 
     authority of the Commission, any subcommittee or member 
     thereof, may, for the purpose of carrying out this title--
       (1) hold such hearings and sit and act at such times and 
     places, take such testimony, receive such evidence, 
     administer such oaths; and
       (2) require, by subpoena or otherwise, the attendance and 
     testimony of such witnesses and the production of such books, 
     records, correspondence, memoranda, papers, and documents,
     as the Commission or such designated subcommittee or 
     designated member may determine advisable.
       (b) Contracting.--A Commission may, to such extent and in 
     such amounts as are provided in appropriation Acts, enter 
     into contracts to enable the Commission to discharge its 
     duties under this title.
       (c) Information From Federal Agencies.--
       (1) In general.--A Commission may secure directly from any 
     executive department, bureau, agency, board, commission, 
     office, independent establishment, or instrumentality of the 
     Government, information, suggestions, estimates, and 
     statistics for the purposes of this title. Each department, 
     bureau, agency, board, commission, office, independent 
     establishment, or instrumentality shall, to the extent 
     authorized by law, furnish such information, suggestions, 
     estimates, and statistics directly to the Commission, upon 
     request made by the Chairman, the chairman of any 
     subcommittee created by a majority of the Commission, or any 
     member designated by a majority of the Commission.
       (2) Receipt, handling, storage, and dissemination.--
     Information shall only be received, handled, stored, and 
     disseminated by members of the Commission and its staff 
     consistent with all applicable statutes, regulations, and 
     Executive orders.
       (d) Assistance From Federal Agencies.--
       (1) General services administration.--The Administrator of 
     General Services shall provide to a Commission on a 
     reimbursable basis administrative support and other services 
     for the performance of the Commission's tasks.
       (2) Other departments and agencies.--In addition to the 
     assistance prescribed in paragraph (1), departments and 
     agencies of the United States may provide to the Commission 
     such services, funds, facilities, staff, and other support 
     services as they may determine advisable and as may be 
     authorized by law.
       (3) NASA engineering and safety center.--The NASA 
     Engineering and Safety Center shall provide data and 
     technical support as requested by a Commission.

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

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

     SEC. 834. STAFF OF COMMISSION.

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

     SEC. 835. COMPENSATION AND TRAVEL EXPENSES.

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

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

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

     SEC. 837. REPORTING REQUIREMENTS AND TERMINATION.

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

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

[[Page 27451]]




                        Appointment of Conferees

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

                          ____________________