[Senate Report 108-418]
[From the U.S. Government Publishing Office]




108th Congress 
 2d Session                      SENATE                          Report
                                                                108-418
_______________________________________________________________________
 
                                                       Calendar No. 814

                     NASA AUTHORIZATION ACT OF 2004

                               __________

                              R E P O R T

                                 OF THE

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 2541

                             together with

                            ADDITIONAL VIEWS




               November 19, 2004.--Ordered to be printed

       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                      one hundred eighth congress
                             second session

                     JOHN MCCAIN, Arizona, Chairman
TED STEVENS, Alaska                  ERNEST F. HOLLINGS, South Carolina
CONRAD BURNS, Montana                DANIEL K. INOUYE, Hawaii
TRENT LOTT, Mississippi              JOHN D. ROCKEFELLER IV, West 
KAY BAILEY HUTCHISON, Texas              Virginia
OLYMPIA J. SNOWE, Maine              JOHN F. KERRY, Massachusetts
SAM BROWNBACK, Kansas                JOHN B. BREAUX, Louisiana
GORDON SMITH, Oregon                 BYRON L. DORGAN, North Dakota
PETER G. FITZGERALD, Illinois        RON WYDEN, Oregon
JOHN ENSIGN, Nevada                  BARBARA BOXER, California
GEORGE ALLEN, Virginia               BILL NELSON, Florida
JOHN E. SUNUNU, New Hampshire        MARIA CANTWELL, Washington
                                     FRANK LAUTENBERG, New Jersey

           Jeanne Bumpus, Staff Director and General Counsel
                   Rob Freeman, Deputy Staff Director
      Kevin D. Kayes, Democratic Staff Director and Chief Counsel
                                                       Calendar No. 814
108th Congress                                                   Report
                                 SENATE
 2d Session                                                     108-418

======================================================================




                     NASA AUTHORIZATION ACT OF 2004

                                _______
                                

               November 19, 2004.--Ordered to be printed

                                _______
                                

       Mr. McCain, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                              R E P O R T

                         [To accompany S. 2541]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 2541) to reauthorize and 
restructure the National Aeronautics and Space Administration, 
and for other purposes, having considered the same, reports 
favorably thereon with amendments and recommends that the bill 
(as amended) do pass.

                          Purpose of the Bill

  The purpose of the bill, as amended, is to authorize the 
National Aeronautics and Space Administration (NASA) for Fiscal 
Year (FY) 2005 through FY 2009. The bill would enact many of 
the recommendations of the Columbia Accident Investigation 
Board's report and authorize a program at NASA for human 
missions to the Moon and Mars.

                          Background and Needs

  NASA was created by the National Aeronautics and Space Act of 
1958 (P.L. 85-568) to undertake civilian research, development, 
and flight activities in aeronautics and space. Since its 
creation, NASA has initiated a wide variety of successful 
programs and projects including the Apollo landings on the 
Moon; the development of communications and weather satellites; 
the sending of planetary probes to every planet in the solar 
system except Pluto; and research in aeronautics that has 
improved aircraft performance and safety, and advanced the 
competitive position of the U.S. aeronautics industry.
  The agency is managed from its headquarters in Washington, 
D.C. It has nine major field centers around the country: Ames 
Research Center, Moffett Field, California; Dryden Flight 
Research Center, Edwards, California; Glenn Research Center, 
Cleveland, Ohio; Goddard Space Flight Center, Greenbelt, 
Maryland; Johnson Space Center, Houston, Texas; Kennedy Space 
Center, Cape Canaveral, Florida; Langley Research Center, 
Hampton, Virginia; Marshall Space Flight Center, Huntsville, 
Alabama; and Stennis Space Center, in Mississippi, near 
Slidell, Lousiana. The Jet Propulsion Laboratory, Pasadena, 
California (often counted as a tenth NASA center), is a 
federally funded research and development center operated for 
NASA by the California Institute of Technology. Goddard Space 
Flight Center manages: the Goddard Institute of Space Studies 
(New York City, New York); the Independent Validation and 
Verification Facility (Fairmont, West Virginia); and the 
Wallops Flight Facility (Wallops, Virginia). Ames Research 
Center manages Moffett Federal Airfield (Mountain View, 
California). Johnson Space Center manages the White Sands Test 
Facility (White Sands, New Mexico). NASA employs approximately 
18,700 civil servants (full time equivalents), and 40,000 
contractors and grantees working at or near NASA centers.
  The Space Shuttle Columbia was launched on its Space 
Transportation System (STS)-107 mission on January 16, 2003. 
After completing a 16-day scientific research mission, Columbia 
started its descent to Earth on the morning of February 1, 
2003. As it descended from orbit, approximately 16 minutes 
before its scheduled landing at Kennedy Space Center, Columbia 
broke apart over northeastern Texas. All seven astronauts 
aboard were killed. They were Commander Rick Husband; Pilot 
William McCool; Mission Specialists Michael P. Anderson, David 
M. Brown, Kalpana Chawla, and Laurel Clark; and Payload 
Specialist Ilan Ramon, an Israeli citizen. The last 
communication with Columbia was at 8:59:32 a.m. EST. The 
Shuttle was at an altitude of 207,135 feet, traveling at a 
speed of Mach 18.3 (about 13,000 miles per hour).
  On February 1, 2003, Sean O'Keefe, the NASA Administrator, 
appointed an internal ``Mishap Investigation Board'' (MIB) led 
by the NASA Shuttle Program Office, and an external group, the 
``Space Shuttle Mishap Interagency Investigation Board,'' to 
investigate the accident. The ``Space Shuttle Mishap 
Interagency Investigation Board'' became the ``Columbia 
Accident Investigation Board'' (CAIB). NASA transitioned 
responsibility for the entire investigation to the CAIB on 
February 6, 2003. The MIB was replaced by the NASA Accident 
Investigation Team (NAIT) on March 21, 2003.
  The CAIB was chaired by retired Admiral Harold W. Gehman, Jr. 
of the U.S. Navy. The Board was originally composed of Rear 
Admiral Stephen Turcotte, Commander, U.S. Naval Safety Center, 
Norfolk, Virginia; Major General John L. Barry, Director, Plans 
and Programs, Headquarters Air Force Materiel Command, Wright-
Patterson Air Force Base, Ohio; Major General Kenneth W. Hess, 
Commander, U.S. Air Force Chief of Safety, Kirtland Air Force 
Base, New Mexico; Dr. James N. Hallock, Aviation Safety 
Division Chief, U.S. Department of Transportation, Cambridge, 
Massachusetts; Steven B. Wallace, Director of Accident 
Investigation, Federal Aviation Administration, Washington, 
D.C.; Brigadier General Duane Deal, Commander 21st Space Wing, 
Peterson Air Force Base, Colorado; and Scott Hubbard, Director, 
NASA Ames Research Center, Moffet Field, California.
  Initially, concerns were raised by Members of Congress and 
the public about the independence of the CAIB. In order to 
address these concerns, Admiral Gehman worked with 
Administrator O'Keefe to revise the CAIB charter three times to 
ensure the panel's independence (the charter can be found at 
http://caib.us/board--charter/default.html). In addition, the 
following members were added to the CAIB on February 7 and 15, 
and March 5: Roger Tetrault, retired Chief Executive Officer of 
McDermott International; Dr. Sheila Widnall, MIT professor of 
aeronautics and astronautics and former Secretary of the Air 
Force; Dr. Sally Ride, physicist and former astronaut; Dr. 
Douglas Osheroff, Nobel Prize winning physicist; and Dr. John 
Logsdon, Director of the Space Policy Institute at George 
Washington University. In addition, Admiral Gehman asked 
Administrator O'Keefe to substitute ex-officio board member and 
NASA's Chief Safety Officer Bryan O'Connor with Michael J. 
Bloomfield. Lieutenant Colonel Bloomfield is an astronaut who 
has flown three shuttle missions and a former chief of safety 
in NASA's Astronaut Office. He currently serves as chief 
astronaut instructor.
  On August 26, 2003, the CAIB released its report on the 
causes of the Space Shuttle Columbia accident. The report can 
be found at http://caib.us/news/report/default.html.
  The report stated that the physical cause of the loss of the 
Columbia and its crew was a breach in the Thermal Protection 
System on the leading edge of the left wing. The breach was 
initiated by a piece of insulating foam that separated from the 
left bipod ramp of the External Tank and struck the wing in the 
vicinity of the lower half of Reinforced Carbon-Carbon (RCC) 
panel 8 at 81.9 seconds after launch. During re-entry, this 
breach in the Thermal Protection System allowed superheated air 
to penetrate the leading-edge insulation and progressively melt 
the aluminum structure of the left wing, resulting in a 
weakening of the structure until increasing aerodynamic forces 
caused loss of control, failure of the wing, and break-up of 
the Orbiter.
  The report also found that the accident was not ``an 
anomalous, random event, but rather likely rooted to some 
degree in NASA's history and the human space flight program's 
culture.'' Based on this reasoning, the CAIB identified 
organizational causes of the accident. These organizational 
causes included: ``original compromises that were required to 
gain approval for the Shuttle; subsequent years of resource 
constraints; fluctuating priorities; schedule pressures; 
mischaracterization of the Shuttle as operational rather than 
developmental; and lack of an agreed national vision for human 
space flight. Cultural traits and organizational practices 
detrimental to safety were allowed to develop, including: 
reliance on past success as a substitute for sound engineering 
practices (such as testing to understand why systems were not 
performing in accordance with requirements); organizational 
barriers that prevented effective communication of critical 
safety information and stifled professional difference of 
opinion; lack of integrated management across program elements; 
and the evolution of an informal chain of command and decision-
making processes that operated outside the organization's 
rules.''
  In the report, the CAIB discussed the attributes of an 
organization that could operate the ``inherently risky Space 
Shuttle'' more reliably and safely. These attributes included: 
(1) a robust and independent program technical authority that 
has complete control over specifications and requirements; (2) 
an independent safety assurance organization with line 
authority over all levels of safety oversight; and (3) an 
organizational culture that ``reflects the best characteristics 
of a learning organization.''
  The CAIB concluded the report with 29 recommendations. Of 
these 29 recommendations, 15 are specifically identified as 
items that must be implemented before ``return to flight.'' 
These recommendations are largely related to the physical cause 
of the accident and include improved imaging of the Space 
Shuttle stack from liftoff through separation of the External 
Tank, preventing the loss of foam, and the capability to 
inspect and repair the Thermal Protection System on orbit. The 
remaining recommendations stem from the CAIB's findings on 
organizational cause factors. These recommendations include the 
establishment of an independent Technical Engineering Authority 
that is responsible for technical requirements and all waivers 
to them, and reorganization of the Space Shuttle Integration 
Office to make it capable of integrating all elements of the 
Space Shuttle program. The report also recommends long-range 
recommendations to keep the Shuttle flying in the long-term, 
including the need to develop and conduct a vehicle 
recertification to operate the Shuttle beyond 2010.
  NASA has created a task group chaired by two former 
astronauts--Thomas Stafford and Richard Covey--and comprised of 
non-NASA employees. The Stafford-Covey Return to Flight Task 
Group will have a 2-year charter to assess NASA's 
implementation of the CAIB recommendations as they relate to 
operational readiness and safety.
  For FY 2005, NASA is requesting $16.2 billion, a 5.6 percent 
increase over its FY 2004 appropriation of $15.4 billion 
(adjusted for the across-the-board rescission). The overall 
budget breakdown is represented in Figure 1.

                                    FIGURE 1.--NASA'S FY 2005 Budget Request
                                                 (In $ millions)
----------------------------------------------------------------------------------------------------------------
                                                                   FY 2004,         FY 2004,         FY 2005,
                           Category                                Request       approp. (est.)      Request
----------------------------------------------------------------------------------------------------------------
Exploration, Science, & Aeronautics**                                   7,661            7,830            7,760
Space Science                                                           4,007            3,971            4,138
Earth Science                                                           1,552            1,613            1,485
Biological & Physical Res.                                                973              985            1,049
Aeronautics                                                               959            1,034              919
Education                                                                 170               22              169
----------------------------------------------------------------------------------------------------------------
Exploration Capabilities**                                              7,782            7,521            8,456
Exploration Systems**                                                   1,673            1,646            1,782
    Space Launch Initiative                                             1,065
    Other                                                                 607
    Human & Robotic Tech.                                                                  679            1,094
    Transportation Systems                                                                 967              689
Space Flight                                                            6,110            5,875            6,674
    Space Station*                                                      1,707            1,498            1,863
    Space Shuttle                                                       3,968            3,945            4,319
    Space Flight Support                                                  434              432              492
----------------------------------------------------------------------------------------------------------------
Inspector General                                                          26               27               28
----------------------------------------------------------------------------------------------------------------
TOTAL                                                                  15,469           15,378           16,244
----------------------------------------------------------------------------------------------------------------
Source: NASA FY 2004 and FY 2005 budget justifications. Column totals may not add due to rounding.
*  Does not include funding for research conducted aboard the space station, which is embedded in the Biological
  and Physical Research line. For FY 2004, it is $578 million, making the total FY 2004 space station request
  $2,285 million and final appropriation $2,085 million. For FY 2005, it is $549 million, making the total space
  station request $2,412 million.
* *  In FY 2004, ``Exploration, Science & Aeronautics'' was called ``Science, Aeronautics and Exploration'';
  ``Exploration Capabilities'' was called ``Space Flight Capabilities''; and ``Exploration Systems'' was called
  ``Crosscutting Technologies''.

  The major change in NASA's FY 2005 budget request is the 
President's new national space exploration initiative. Proposed 
by President Bush on January 14, 2004, the new space vision 
entitled ``A Renewed Spirit of Discovery'' calls for NASA to 
focus its activities on returning astronauts to the Moon in the 
2015-2020 time frame, and sending future human space missions 
to Mars. To accomplish this goal, NASA would terminate the 
Space Shuttle program in 2010; build a new Crew Exploration 
Vehicle (CEV) to take astronauts to Earth orbit by 2014 and 
eventually back to the Moon; restructure the research program 
for the International Space Station to focus on life sciences 
research; and build robotic probes that will serve as 
``trailblazers'' for the astronauts.
  In late February 2004, NASA released charts providing some 
detail on the budget assumptions for the new exploration 
strategy, including a cost estimate of $64 billion in FY 2003 
dollars for landing a crew on the Moon in 2020. This $64 
billion estimate consists of $24 billion to build and operate 
the CEV from FY 2004 through FY 2020 and $40 billion to build 
the lunar lander portion of the vehicle, a new launch vehicle, 
and operations.
  The President plans to fund the new initiative by redirecting 
most of the needed funding from other NASA activities, rather 
than adding significant new funds to the NASA budget. For FY 
2005 through FY 2009, NASA says it will ``add'' $12.6 billion 
for the exploration initiative, of which $1 billion is new 
funding and $11.6 billion is redirected from its other 
activities. The premise is that the nation would spend a 
certain amount of funding on NASA with or without the new 
initiative, and that the funding now would be directed 
primarily towards the exploration initiative, instead of 
elsewhere. The President is proposing that the NASA budget grow 
by approximately 5 percent each year for FY 2005 through FY 
2007, and then increase by 1 percent each year for FY 2008 
through FY 2009. The rate of inflation is assumed by NASA to be 
2 percent in future years. A NASA budget chart covering FY 2004 
through FY 2020 was released as part of the President's speech 
that shows a NASA budget that remains level with inflation 
beyond FY 2009. Between FY 2004 and FY 2020, the percentage of 
NASA's budget devoted to ``exploration'' (both human and 
robotic missions, and the development of nuclear power and 
propulsion and other technologies) would increase from about 20 
percent in FY 2004 to about 75 percent by FY 2020. The total 
amount of funding represented in the chart appears to be on the 
order of $150-170 billion over the 16 year time period. This 
chart can be found at: http://www.nasa.gov/pdf/54873main--
budget--chart--14jan04.pdf.
  NASA's FY 2005 budget describes the entire NASA request for 
FY 2005 through FY 2009 ($87.1 billion) as the budget for the 
``exploration vision,'' of which only $31.4 billion is 
``exploration specific.'' In FY 2005, $4.5 billion of the $16.2 
billion request is ``exploration specific.'' NASA asserts that 
the FY 2005 budget request and its associated projections for 
the next four years (``out-year estimates'') include an 
``additional'' $12.6 billion for the exploration initiative, of 
which $1 billion is new money, and $11.6 billion is redirected 
from other NASA programs. Figure 2 shows the areas which NASA 
intends to cut as it redirects its functions to support the new 
space initiative.

                         FIGURE 2--NASA'S Proposed Reductions to Fund the New Initiative
                                                 (In $ billions)
----------------------------------------------------------------------------------------------------------------
                         Activity                             2005     2006     2007     2008     2009    Total
----------------------------------------------------------------------------------------------------------------
Discontinue Space Launch Initiative                           -0.8     -1.2     -1.3     -1.2     -1.4     -5.9
----------------------------------------------------------------------------------------------------------------
Shuttle retirement                                             0.0      0.0      0.0     -0.2     -1.3     -1.5
----------------------------------------------------------------------------------------------------------------
Eliminate ISS research not tied to vision                     -0.1     -0.2     -0.3     -0.3     -0.3     -1.2
----------------------------------------------------------------------------------------------------------------
Human Space Flight related reductions (Subtotal)              -0.9     -1.4     -1.5     -1.7     -3.0     -8.6
----------------------------------------------------------------------------------------------------------------
Defer new space and earth science missions and freeze         -0.2     -0.5     -0.7     -0.7     -0.6     -2.7
 spending
----------------------------------------------------------------------------------------------------------------
Reduce space technology and defer institutional activities   -0.15    -0.03    -0.04    -0.05    -0.07     -0.3
----------------------------------------------------------------------------------------------------------------
Other Reductions (Subtotal)                                   -0.3     -0.5     -0.7     -0.8     -0.7     -3.0
----------------------------------------------------------------------------------------------------------------
TOTAL REDUCTIONS                                              -1.3     -1.9     -2.3     -2.5     -3.7    -11.6
----------------------------------------------------------------------------------------------------------------
Source: NASA briefing chart, February 5, 2004. Column totals may not add due to rounding.

  In addition, Administrator O'Keefe announced that no more 
Space Shuttle servicing missions would be made to the Hubble 
Space Telescope, because of Space Shuttle safety concerns in 
the wake of the Columbia accident. This decision was reviewed 
by Admiral Harold W. Gehman, Jr., the Chairman of the Columbia 
Accident Investigation Board, in a March 5, 2004, letter. In a 
March 17, 2004, letter to Dr. Bruce Alberts, the Chairman of 
the National Research Council (NRC), Administrator O'Keefe 
requested assistance in ensuring that NASA has ``fully 
considered all reasonable alternatives'' to extending the life 
span of the Hubble Space Telescope. On July 13, 2004, the NRC 
responded to NASA's request with an interim report which stated 
that ``there would be little additional investment in time and 
resources required over the next year for NASA to keep open an 
option for a human servicing mission to Hubble.'' The NRC's 
final report is expected in late 2004.
  The NASA FY 2005 request also includes $4.3 billion for the 
Space Shuttle program and its Return to Flight activities, and 
$1.9 billion for the International Space Station (ISS). 
President Bush has called for ISS construction to be completed 
by 2010, after which the Space Shuttle would be retired. NASA 
estimates that an additional 25 to 30 Space Shuttle launches 
would be required to meet this objective. By ending the Space 
Shuttle program, funds would be freed for the new space 
exploration initiative. NASA's FY 2005 request includes ``out-
year'' projections that reduce the Space Shuttle budget by $1.5 
billion in FY 2008 and FY 2009 to help pay for the exploration 
initiative. NASA has indicated that the next Space Shuttle 
flight will occur in May 2005.
  On January 30, 2004, President Bush created the President's 
Commission on Implementation of United States Space Exploration 
Policy. The commission was directed to provide recommendations 
on implementation of the President's space initiative. 
Specifically, the Executive Order directed the commission to 
examine and make recommendations on:
           a science research agenda to be conducted on 
        the Moon and other destinations;
           the exploration of technologies, 
        demonstrations, and strategies to be used for 
        sustainable human and robotic exploration;
           the criteria to select future destinations 
        for human exploration;
           the long-term organization options for 
        managing space exploration activities;
           the appropriate roles for private sector and 
        international participation;
           the methods for using space exploration to 
        encourage greater interest by American students in 
        studying and pursuing careers in mathematics, science, 
        and engineering; and
           the management of the new initiative's 
        implementation within available resources.
  The Commission released its final report on June 16, 2004 and 
can be found at the website: http://www.moontomars.org/. The 
findings and recommendations of the report cover the following 
areas:
           space exploration managed as a national 
        priority;
           a ``go as you can pay'' approach for 
        funding;
           transformation of NASA organization and 
        management processes;
           NASA centers operated as Federally Funded 
        Research and Development Centers;
           special project teams to develop ``enabling 
        technologies'';
           increased incentives and prizes for private 
        sector investment;
           scientific achievements that lead to further 
        scientific knowledge; and
           stimulation of science, math and engineering 
        education for students and teachers.

                          Legislative History

  S. 2541 was introduced on June 17, 2004 by Senator McCain, 
and is co-sponsored by Senators Brownback, Hutchison, and 
Allen. S. 2541 was referred to the Committee on Commerce, 
Science, and Transportation on June 17, 2004. Hearings on NASA 
and its programs were held on February 12, 2003, April 2, 2003, 
May 14, 2003, June 3, 2003, September 3, 2003, October 29, 
2003, November 6, 2003, January 28, 2004, February 18, 2004, 
March 10, 2004, April 4, 2004, April 7, 2004, April 27, 2004, 
and May 5, 2004. Witnesses included NASA officials, industry 
representatives, representatives of professional associations, 
academics, and others with a interest in NASA activities.
  On September 22, 2004, the Committee met in open executive 
session and, by a voice vote, ordered S. 2541 reported with 
five amendments. Amendments were offered by Senators McCain, 
Hutchison, Nelson and Burns. Senator McCain's amendment would 
make technical corrections to the bill. The amendment also 
would call for a status report on Shuttle upgrades, extend the 
requirements for a commercialization plan and industrial 
assessments to include the Earth Science Applications program, 
and delete sections on electronic access to business 
opportunities and retrocession of jurisdiction.
  Senator Huchison's amendment would require the Administrator 
to submit a report, including cost and scheduling, for enabling 
the extension of the Shuttle operations and maintenance until 
project Constellation Exploration Transportation system has 
been tested with humans. It also contains a Sense of the Senate 
that says NASA should take all steps necessary to have a human 
rated vehicle before ceasing Space Shuttle operations.
  Senator Burns amendment would set aside authorization funding 
for the Experimental Program to Stimulate Competitive Research 
(EPSCoR) program from within the Education program. The EPSCoR 
program supports competitively selected universities in 
designated States to build their research capacity in areas 
important to NASA. The EPSCoR program would be authorized at 
$12 million for FY2005, $15 million for FY2006, $15 million for 
FY2007, $20 million for FY2008, and $20 million for FY2009.
  Senator Nelson offered two amendments. The first amendment 
would require NASA to fully comply with all of its commitments 
to the International Space Station. The amendment would also 
require the Administrator to report to Congress within 120 days 
of enactment to identify options for increasing the crew size 
of the International Space Station to six. The report would 
include an assessment of the cost, schedule, and logistics 
requirements for each option. The second would authorize the 
Administrator to carry out a program to retain personnel from 
the Space Shuttle program to minimize the loss of critical 
skills and expertise within NASA. The Administrator would be 
required to submit a report on the program along with an 
assessment of the funding required to carry out the program.

                            Estimated Costs

  In compliance with subsection (a)(3) of paragraph 11 of rule 
XXVI of the Standing Rules of the Senate, the Committee states 
that, in its opinion, it is necessary to dispense with the 
requirements of paragraphs (1) and (2) of that subsection in 
order to expedite the business of the Senate.

                      Regulatory Impact Statement

  In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       NUMBER OF PERSONS COVERED

  S. 2541, as reported, would reauthorize appropriations for 
NASA fiscal years 2005, 2006, 2007, 2008, and 2009. NASA 
conducts a number of scientific research and development 
activities concerning aeronautics, earth science, space 
science, and space exploration. The Committee believes that the 
bill will not subject any individuals or businesses affected by 
the bill to any additional regulation.

                            ECONOMIC IMPACT

  This legislation would not have an adverse impact on the 
Nation. The legislation would sufficient authorization levels 
to sustain ongoing and new awards, cooperative agreements, and 
contracts in the space community. Section 305 would require a 
commercialization plan to support human missions to the Moon 
and Mars along with Earth science mission and applications. 
Section 309 would establish a Technology Transfer and Licensing 
Office to facilitate the transfer of technologies into and out 
of the agency.

                                PRIVACY

  This legislation would not have a negative impact on the 
personal privacy of individuals.

                               PAPERWORK

  This legislation would not increase the paperwork requirement 
for private individuals or businesses. There are numerous 
reports that would be required of NASA. These reports include 
such topics as: independent Technical Engineering Authority; 
recertification and upgrades of the Shuttle; resupply of the 
International Space Station; system requirements documents for 
human missions to the Moon and Mars; and spending levels for 
aeronautics research.

                      Section-by-Section Analysis

Section 1. Short title; table of contents.
  Subsection (a) would entitle the Act as the ``NASA 
Authorization Act of 2004.''
Section 2. Definitions.
  Section 2 would define the key terms, ``Administrator'' and 
``NASA.''
Section 3. Findings.
  Section 3 would identify key findings of the bill concerning 
the history, the future, and the value of programs at NASA.

                TITLE I--AUTHORIZATION OF APPROPRIATIONS

Section 101. Exploration capabilities.
  Section 101 would authorize funding in the following areas: 
(1) International Space Station; (2) Space Shuttle; (3) Space 
Flight Support; (4) Transportation Systems; and (5) Human and 
Robotic Technology. The funding amounts for each of these areas 
for FY 2005 through FY 2009 are as shown in Figure 3.

                                         FIGURE 3--Authorization Levels
                                                 (In $ millions)
----------------------------------------------------------------------------------------------------------------
                                                             FY 05      FY 06      FY 07      FY 08      FY 09
----------------------------------------------------------------------------------------------------------------
 Exploration Capabilities
----------------------------------------------------------------------------------------------------------------
    International Space Station                               1,863      1,764      1,780      1,779      2,115
----------------------------------------------------------------------------------------------------------------
    Shuttle                                                   4,319      4,326      4,314      4,027      3,030
----------------------------------------------------------------------------------------------------------------
    Space Flight Support                                        492        435        430        456        453
----------------------------------------------------------------------------------------------------------------
    Transportation Systems                                      689      1,261      1,624      1,423      1,863
----------------------------------------------------------------------------------------------------------------
    Human and Robotic Tech.                                   1,079      1,303      1,301      1,370      1,433
----------------------------------------------------------------------------------------------------------------
Exploration and Aeronautics
----------------------------------------------------------------------------------------------------------------
    Space Science                                             4,138      4,404      4,906      5,520      5,561
----------------------------------------------------------------------------------------------------------------
    Earth Science                                             1,485      1,390      1,368      1,343      1,474
----------------------------------------------------------------------------------------------------------------
    Biological/Physical Research                              1,049        950        938        941        944
----------------------------------------------------------------------------------------------------------------
    Aeronautics Technology                                      919        957        938        926        942
----------------------------------------------------------------------------------------------------------------
    Education                                                   169        169        171        170        170
----------------------------------------------------------------------------------------------------------------
Inspector General                                                28         29         30         31         32
----------------------------------------------------------------------------------------------------------------
TEA                                                              15         16         16         16         17
----------------------------------------------------------------------------------------------------------------
TOTAL                                                        16,245     17,003     17,816     18,002     18,034
----------------------------------------------------------------------------------------------------------------

Section 102. Exploration, science, and aeronautics.
  Section 102 would authorize funding in the following areas: 
(1) Space Science; (2) Earth Science; (3) Biological and 
Physical Research; (4) Aeronautics Technology; and (5) 
Education. The funding amounts for each of these areas for FY 
2005 through FY 2009 are as shown in Figure 3.
Section 103. Inspector general.
  Section 103 would authorize the Office of the Inspector 
General for FY 2005 through FY 2009 at the levels as indicated 
in Figure 3.
Section 104. Independent technical engineering authority.
  Section 104 would authorize the independent Technical 
Engineering Authority for FY 2005 through FY 2009 at the levels 
as indicated in Figure 3.
Section 105. Total authorizations.
  Section 105 would provide the total authorization levels for 
NASA for FY 2005 through FY 2009 and are as shown in Figure 3. 
The bill would provide authorizations for a total of five years 
for NASA. Many research projects involved several years of 
effort before results can be realized. The Committee 
acknowledges that many things can change within a five year 
period. Nevertheless, the Committee is concerned that NASA has 
not continued its support for certain research areas for the 
entire duration of the authorization period. During the 
previous NASA authorization act (P.L. 106-391), authorization 
was included for immediate clinical trials for islet 
transplantation in patients with Type I diabetes utilizing 
immunoisolation technologies derived from NASA space flights. 
NASA funded the initial research into this area but failed to 
provide all of the authorized levels prescribed by the 
authorization legislation. The research has progressed 
successfully while NASA has missed an opportunity to continue 
its support of a space-based technology for the development of 
a bio-mechanical system that may be used by medical 
professionals to treat diabetic patients as well as many other 
hormone deficient diseases.

                TITLE II--SPACE SHUTTLE RETURN TO FLIGHT

Section 201. Lessons-learned program.
  Section 201 would require the Administrator to establish an 
agency-wide lessons-learned and best practices program that 
would be available to all NASA employees within 180 days of 
enactment of this Act. The program would include experiences 
outside of NASA, criteria for determining entries into the 
program, and a standardized, user-friendly format for data 
reports.
Section 202. Independent technical engineering authority.
  Subsection (a) would require the Administrator within one 
year of enactment of this Act to establish an independent 
Technical Engineering Authority (TEA) that would: have its own 
budgetary line; not have programmatic responsibility for cost 
and schedule; serve as an agency resource; be responsible for 
all technical requirements and for developing a system for 
identifying, analyzing, and controlling hazards throughout the 
life cycle of the Space Shuttle system or any other relevant 
programs; and develop a disciplined systematic approach for 
identifying, analyzing, and controlling hazards throughout the 
life cycle of the Space Shuttle system or any other designated 
program at NASA.
  Subsection (b) would identify the functions of the Authority.
  Subsection (c) would require the Administrator to submit a 
plan to the Senate Committee on Commerce, Science, and 
Transportation and the House Committee on Science for defining, 
establishing, transitioning, and implementing the Authority.
  Subsection (d) would require the Administrator to annually 
report on the activities of the Authority as part of its annual 
budget request.
Section 203. Safety and integration.
  Subsection (a) would require the Administrator to provide the 
Office of Safety and Mission Assurance with independent funding 
and a direct line authority over the Space Shuttle safety 
organization. Subsection (b) would require a reorganization by 
the Administrator of the Space Shuttle Integration Office to 
ensure that it is capable of integrating all elements of the 
Space Shuttle program, including the orbiters. Subsection (c) 
would require the Administrator to submit a plan for 
accomplishing the requirements of Subsections (a) and (b) 
within one year to the Senate Committee on Commerce, Science, 
and Transportation and the House Committee on Science.
Section 204. Recertification of the space shuttle.
  Subsection (a) would require the Administrator, after 
approval by Technical Engineering Authority, to recertify the 
Space Shuttle orbiters prior to continuing operations after 
2010. The recertification would be required to be conducted on 
material, component, subsystem, and system levels and would be 
part of the Shuttle Service Life Extension program.
  Subsection (b) would require the Administrator to submit a 
costs and scheduling plan to the Senate Committee on Commerce, 
Science, and Transportation and the House Committee on Science 
before 2009, if it is necessary to operate the Space Shuttle 
after 2010. The plan would have to be approved by the TEA prior 
to submission.
  Subsection (c) would require the establishment of a long-term 
program to upgrade the Space Shuttle and International Space 
Station engineering drawing systems by the Administrator. The 
upgrade would include a review of drawings for accuracy, 
conversion of all drawing to a computer-aided drafting system, 
and incorporation of drawing changes.
Section 205. Return to flight certification.
  Section 205 would require the Administrator to certify to the 
Senate Committee on Commerce, Science, and Transportation and 
the House Committee on Science that all ``Return To Flight'' 
safety recommendations of the Columbia Accident Investigation 
Board Report have been satisfied prior to resuming flights of 
the Space Shuttle orbiters.
Section 206. Launch plans for international space station.
  Section 206 would require the Administrator to submit plans 
to the Senate Committee on Commerce, Science, and 
Transportation and the House Committee on Science for launching 
assembly elements, crew, and supplies to the International 
Space Station from 2010 through 2014.
Section 207. Report on status on upgrades to space shuttle.
  Section 207 would require the Administrator to a report to 
the Senate Committee on Commerce, Science, and Transportation 
and the House Committee on Science on the current status of the 
upgrades to the Space Shuttle that were recommended for Return 
To Flight activities for the Space Shuttle program by the 
Columbia Accident Investigation Board and any other upgrades to 
improve the safety and reliability of the Space Shuttle fleet.
Section 208. Retention of space launch expertise after retirement of 
        space shuttle.
  Subsection (a) would require the Administrator to take 
appropriate actions to bring the next generation of manned 
space vehicles into operation as soon as possible after 
retirement of the Space Shuttle. Subsection (b) would authorize 
the Administrator to carry out a program to retain personnel 
from the Space Shuttle program to minimize the loss of critical 
skills and expertise within NASA if the next generation of 
manned space vehicles are not in operation within one year 
after the retirement of the Space Shuttle. Subsection (c) would 
require the Administrator to submit a report to the Senate 
Committee on Commerce, Science, and Transportation and the 
House Committee on Science on the program authorized by 
Subsection (b), including an assessment of the funding required 
to carry out the program and a description of any legislation 
or administrative actions needed to carry out the program.
  The Committee continues to support the safe return to flight 
of the Space Shuttle. However, the Committee is concerned about 
NASA's ability to reliably estimate the cost of the return to 
flight program. The recent increase of over $400 million for FY 
2005 alone and the announcement of another schedule delay in 
the program has only increased concerns as to whether NASA will 
be able to return the Shuttle to flight.
  The increasing costs of return the Shuttle to flight and 
completing the International Space Station threatens to reduce 
future funding for human missions to the Moon and Mars. Simply 
put, the sooner the space Station is completed, the sooner more 
funds are available for the new missions to the Moon and 
beyond.

                      TITLE III--NASA'S NEW VISION

Section 301. Exploration initiative.
  Section 301 would add a new section to the National 
Aeronautics and Space Act of 1958. Subsection (a) of the new 
section would authorize a Solar System Exploration Initiative 
program to: implement a human and robotic exploration program 
of the solar system and beyond; conduct a human return to the 
Moon by 2020 in preparation for human exploration of Mars and 
other destinations; develop innovative technologies, knowledge, 
and infrastructures to support human exploration missions; and 
promote international and commercial participation to advance 
U.S. scientific, security, and economic interests.
  Subsection (b) of the new section would require the 
Administrator to: return the Shuttle to flight; retire the 
Shuttle system after the Space Station is completed; begin the 
development of a crew exploration vehicle; and take steps to 
return humans to the Moon as early as 2015 and no later than 
2020.
Section 302. Human missions to the moon.
  Subsection (a) would require the Administrator, within 60 
days of enactment of this Act, to submit a report to the Senate 
Committee on Commerce, Science, and Transportation and the 
House Committee on Science on all activities and funding, using 
full cost accounting, that support human missions to the Moon 
and Mars in the fiscal year 2005 budget request. Subsection (b) 
would require the report annually.
Section 303. Systems requirements document.
  Subsection (a) would require the Administrator, within 180 
days of enactment of this Act, to submit a systems requirements 
document to the Senate Committee on Commerce, Science, and 
Transportation and the House Committee on Science describing 
all technical requirements to conduct a mission to the Moon by 
2020 and a human mission to Mars. The document would include 
all baseline requirements and a description of the process for 
making changes to the requirements. Subsection (b) requires 
NASA to submit this report along with the cost estimates as 
required by Section 304.
Section 304. Life cycle cost estimate.
  Subsection (a) would require the Administrator, within 180 
days of enactment of this Act, to submit a life cycle cost 
estimate for a manned mission to the Moon to the Senate 
Committee on Commerce, Science, and Transportation and the 
House Committee on Science. The cost estimate would also 
include a determination of the adequacy of funding identified 
in the FY 2005 budget request.
  Subsection (b) would require the Comptroller General to 
review the life cycle cost estimate from Subsection (a) within 
90 days after submission to the Congressional committees. 
Subsection (c) would require annual updates of the life cycle 
cost estimate required by Subsection (a). The updated cost 
estimates would be submitted on or before the President submits 
the budget of the U.S. to Congress.
Section 305. Commercialization plan with office of space 
        commercialization.
  Section 305 would require the Administrator, with the 
Director of the Office of Space Commercialization of the 
Department of Commerce, to submit to Congress a 
commercialization plan that identifies opportunities for the 
private sector to participate in the human missions to the Moon 
and Mars and earth science missions and applications. The plan 
would be required to be submitted to the Senate Committee on 
Commerce, Science, and Transportation and the House Committee 
on Science within 180 days of enactment of this Act. Subsection 
(c) would require that the report be submitted along with the 
report required by Section 306.
Section 306. Industrial assessment.
  Section 306 would require the Administrator, with the 
Director of the Office of Space Commercialization of the 
Department of Commerce, to assess the capability of the private 
sector to support manned missions to the Moon and Mars and 
earth science missions and applications. The report would be 
required to be submitted to the Senate Committee on Commerce, 
Science, and Transportation and the House Committee on Science 
within 180 days of enactment of this Act.
  A major component of the strategy for space exploration 
involves the use of nuclear power. Project Prometheus power and 
propulsion systems will enable human and robotics exploration, 
will enhance scientific capabilities, and will facilitate 
unprecedented levels of scientific return. In support of the 
future success of the program and improve efficiency, the 
Administrator should ensure that the Department of Energy 
national laboratories, with existing expertise in space nuclear 
reactor systems, be fully utilized in the execution of Project 
Prometheus and all of its missions including the Jupiter Icy 
Moons Orbiter mission. Furthermore, the Administrator should 
ensure that all aspects of this project are performed with full 
public involvement and participation.
Section 307. Reports on major systems.
  Subsection (a) would require program managers for each major 
system, as determined by the Administrator, of the Solar System 
Exploration Initiative to submit to the Administrator quarterly 
reports on the total life cycle costs for each major system. 
Any system that exceeds cost limitations would be required to 
submit a report on the cost overruns along with schedule and 
performance impacts to the Administrator.
  Subsections (b) and (c) would require certain reporting by 
the Administrator to the Senate Committee on Commerce, Science, 
and Transportation and the House Committee on Science if the 
life cycle cost overruns exceed more than 15 and 25 percent. 
Also, if cost overruns exceed 15 percent, the Administrator 
would not obligate any additional funds unless a report is 
submitted to the Senate Committee on Commerce, Science, and 
Transportation and the House Committee on Science identifying 
causes of the cost overruns, responsible persons, any previous 
programmatic changes made which affected cost overruns, 
corrective actions to be taken, identifies principal 
contractors, and relevant documents and testimonies submitted 
to Congress on the major system in question.
  If cost overruns exceed 25 percent, the Administrator would 
not obligate any additional funds unless a certification is 
submitted to the Senate Committee on Commerce, Science, and 
Transportation and the House Committee on Science stating the 
importance of the major system to the Exploration Initiative, 
no alternatives exist, new estimates are reasonable, and that 
management structure is adequate to manage and control costs.
  This program of cost controls is modeled on ``Nunn-McCurdy'' 
Amendment to the Department of Defense Authorization Act of 
1982, and was a successful management tool used in the 
development of weapons systems.
Section 308. International cooperation.
  Subsection (a) would require the Administrator, in 
cooperation with the Department of State and other appropriate 
agencies, to submit a report to the Senate Committee on 
Commerce, Science, and Transportation and the House Committee 
on Science identifying any opportunities for the U.S. to enter 
into international partnerships on a human mission to the Moon 
or Mars within 180 days
  Subsection (b) would make it a finding of the Congress that 
international cooperation on a robust ISS program is essential 
in building relations and commitments for the joint 
international pursuit of human exploration of the solar system. 
The Administrator would also be required to ensure that NASA 
fully complies with all its commitments with its international 
partners on the ISS. The Administrator would be required to 
submit a report on various options for increasing the crew size 
of the ISS to as many as six. The report would assess each 
option for cost, potential schedule, and logistics 
requirements.
Section 309. Technology transfer and licensing office.
  Subsection (a) would require the Administrator to establish a 
Technology Transfer and Licensing Office within the Exploration 
Initiative to facilitate the transfer of technologies into and 
out of NASA, and to handle licensing activities of NASA. This 
office is already operating within the Exploration Systems 
program. Subsections (b) and (c) would require the 
Administrator to develop a technology transfer plan to be 
submitted to the Senate Committee on Commerce, Science, and 
Transportation and the House Committee on Science within one 
year of enactment of this Act.
Section 310. Robotic lunar missions.
  Section 310 would require the Administrator to submit a plan 
to the Senate Committee on Commerce, Science, and 
Transportation and the House Committee on Science for robotic 
lunar missions to the Moon within three years. The plan would 
include the science and technical goals, the role of scientific 
peer review in selecting missions, and the use of the private 
sector to accomplish the goals of the mission.
Section 311. Legal aspects of lunar exploration.
  Section 311 would require the Administrator, in consultation 
with the Secretary of State, to submit a legal review and 
interpretation of laws and treaties governing the exploration 
of space and the possible ownership of resources on the Moon 
and Mars. The review would be submitted to the Senate Committee 
on Commerce, Science, and Transportation and the House 
Committee on Science within 90 days of this Act.
Section 312. NASA engineering school.
  Subsection (a) would require the Administrator to establish 
an NASA Engineering School for NASA employees and contractors 
to increase knowledge of engineering and scientific principles 
for furthering the mission of NASA. Subsection (b) would 
identify the purpose of the school as to provide a unique 
training experience to bridge the gap between the broad-based 
training provided by universities, and the specific training 
needed to understand the different technologies which form the 
basis for work at NASA.
  Subsection (c) would require the Administrator to submit, 
within 180 days after the date of enactment of this Act, to the 
Senate Committee on Commerce, Science, and Transportation and 
the House Committee on Science a plan to establish the 
engineering school.
  In addition to the engineering school, the Committee believes 
the agency would benefit from the establishment of a virtual 
NASA Space Academy. The NASA Space Academy would consist of a 
consortium of 5-7 core schools of Earth and Space Exploration, 
competitively awarded. Its primary objective would be to meet 
challenges associated with research based education/training of 
transdisciplinary ``explorer.'' Network would also collaborate 
to assist in advancing K-12 education relative to space 
exploration. Institutions would be responsible for the cost of 
infrastructure and programs. NASA would be responsible for 
investments in research, training, and outreach and the network 
itself.
Section 313. Continuity of U.S. human space flight.
  Subsection (a) would make it a finding of Congress that a gap 
or one or more years in the United States' capability to 
transport astronauts to and from space is inconsistent with 
policy objectives of the U.S. space human space flight program. 
Subsection (b) would require the Administrator to, within one 
year, submit a report to the Senate Committee on Commerce, 
Science, and Transportation and the House Committee on Science 
on requirements for enabling the extension of Shuttle 
operations and maintenance until project Constellation 
exploration Transportation System has been tested with humans. 
The report would also include estimates of costs and 
scheduling.
  Subsection (c) would make it a the Sense of the Senate that 
NASA shall take all necessary steps to have a human rated 
vehicle to provide access to space operational before ceasing 
operations of the Space Shuttle and that taking such steps 
should not impede the development of the Crew Exploration 
Vehicle.

                        TITLE IV--MISCELLANEOUS

Section 401. Integrated financial management program.
  Section 401 would require the Chief Financial Officer to 
submit a report to the Senate Committee on Commerce, Science, 
and Transportation and the House Committee on Science on NASA's 
ability to improve its financial management, including a status 
report on the implementation of the integrated financial 
management program and a description of plans and architecture 
for the full implementation of the management system.
Section 402. Future launch plan.
  Section 402 would require the Administrator to submit a plan 
to the Senate Committee on Commerce, Science, and 
Transportation and the House Committee on Science for future 
launches of space vehicles, including estimates of costs, 
schedules, and factors relevant to other U.S. space sectors. 
The plan would be required to be submitted within 180 days of 
enactment of this Act.
Section 403. Commercial goods and services.
  Section 403 provides a Sense of the Congress that NASA should 
purchase commercially available space goods and services to the 
fullest extent feasible to support human missions to the Moon 
and Mars.
Section 404. Industry advisory board.
  Section 404 would require the Administrator to establish an 
Industry Advisory Board to review opportunities for the private 
sector to invest and take advantage of activities in NASA. The 
Board would be required to meet twice a year with the 
Administrator or his designee.
Section 405. Requirements for independent cost analysis.
  Section 405 would amend section 301 of Public Law No. 106-391 
(National Aeronautics and Space Administration Act of 2002) to 
adjust the total project cost level from $150,000,000 to 
$250,000,000. The new level is the amount at which the Chief 
Financial Officer would have to conduct and consider an 
independent life cycle cost estimate and report the results to 
the Senate Committee on Commerce, Science, and Transportation 
and the House Committee on Science. This section also would 
define total project costs. This change was recommended by 
NASA.
Section 406. Centennial challenge program.
  Section 406 would amend the National Aeronautics and Space 
Act of 1958 to allow for the establishment of the Centennial 
Challenge Program. The program would award prizes for 
innovation in basic and applied research, technology 
development, and prototype demonstrations that have application 
for NASA's space and aeronautics activities. The section also 
would require that prize winners be selected through a 
competitive process; contestants assume any and all risks for 
any injury, death, damage, or loss of property, revenue, or 
profits; and no competition may result in more than $1 million 
in cash without Administrator approval.
  A Centennial Challenge Trust Fund would be established such 
that funding for competitions may be deposited. The 
Administrator would not be able to deposit more than $25 
million annually into the Fund.
Section 407. Cultural and organization assessment.
  Subsection (a) would require the Administrator to conduct a 
NASA-wide assessment to identify and define areas of cultural 
and organizational changes and develop a NASA-wide plan to: (1) 
create a culture that promotes effective communication and 
encourages expression of dissenting views; (2) increase NASA's 
focus on the human elements of management and organizational 
development; (3) develop and implement consistent procedures 
for leadership, management, employee training and skill 
development; and (4) create a robust system that 
institutionalizes checks and balances to ensure the maintenance 
of NASA's technical and safety standards.
  Subsection (b) would require the Administrator to submit to 
the Senate Committee on Commerce, Science, and Transportation 
and the House Committee on Science a report on the assessment 
conducted under subsection (a) within 6 months after the date 
of enactment. The report would include areas identified for 
cultural and organizational changes and strategies and 
timelines for implementing the requirements of subsection (a).
Section 408. Sense of the Congress regarding competitive contracting.
  Section 408 would provide a Sense of the Congress to 
encourage NASA to increase emphasis on competitive contracting 
as a means of improving the efficiency and economy of the 
government.
Section 409. Employees stationed in foreign countries.
  Section 409 would amend the National Aeronautics and Space 
Act of 1958 by adding a new section, Section 319, similar to 
legislation secured by other non-Foreign Service agencies, such 
as the Department of Transportation, which would permit the 
Administrator to authorize the expenditure of appropriated 
funds for the payment of allowances and benefits to employees 
permanently assigned to foreign countries in a manner 
consistent with allowances authorized for individuals of a 
comparable grade covered by the Foreign Service Act. This 
section was requested by NASA.
Section 410. Hubble telescope.
  Subsection (a) would require the Administrator to submit a 
plan to Senate Committee on Commerce, Science, and 
Transportation and the House Committee on Science on the future 
of the Hubble Space Telescope within 60 days after the issuance 
of the National Academy of Sciences' report on options for 
future servicing of the Hubble.
  Subsection (b) would require the Administrator to evaluate 
all options for the repair and upgrade of the Hubble Space 
Telescope that will accomplish the objectives of the SM-4 
servicing mission. If there are any changes to the objectives 
of the SM-4 servicing mission, the Administrator would be 
required to submit a report to the Congress on the changes.
Section 411. Confirmation requirement.
  Section 411 would require that the Assistant Administrator 
for Legislative Affairs be appointed by the President and 
confirmed by the Senate.
Section 412. National aeronautics and space foundation.
  Section 412 would require the Administrator to report on the 
advisability of establishing a charitable and nonprofit 
corporation to encourage private gifts of real and personal 
property or any income therefrom to benefit NASA and to further 
the public's knowledge of Earth and space. The report would be 
required to be submitted to the Senate Committee on Commerce, 
Science, and Transportation and the House Committee on Science 
within 90 days of enactment of this Act.
Section 413. Near-earth object survey.
  Subsection (a) would amend Section 102 of the National 
Aeronautics and Space Act of 1958 (42 U.S.C. 2451) with a 
Congressional Declaration of Policy and Purpose that would 
declare that the general welfare and security of the United 
States require that the unique competence of the National 
Aeronautics and Space Administration in science and engineering 
systems be directed to detecting, tracking, cataloging, and 
characterizing near-Earth asteroids and comets in order to 
provide warning and mitigation of the potential hazard of those 
asteroids and comets striking the Earth.
  Subsection (b) would require the Administrator to plan, 
develop, and implement a near-Earth object survey program to 
detect, track, catalog, and characterize the physical 
characteristics of near-Earth asteroids and comets that are 100 
meters or more in diameter in order to assess the threat of 
such objects striking the Earth.
  Subsection (c) would require the Administrator to transmit to 
the Senate Committee on Commerce, Science, and Transportation 
and the House of Representatives Committee on Science a report, 
no later than the first February 28th occurring after the date 
of enactment of this Act and on each of the 5 succeeding 
anniversaries of such transmittal. The report would contain: 
(1) a summary of all activities of the Administration under 
subsection (b) during the preceding fiscal year; (2) a summary 
of all amounts obligated or expended by the Administration 
during such fiscal year for such activities; and (3) a detailed 
plan and budget request for each of the 5 fiscal years 
following the date on which the report is transmitted.
Section 414. Use of unmanned aerial vehicles in wildlife, environment, 
        and other activities.
  Subsection (a) would authorize the Administrator to conduct a 
program to evaluate the feasibility and advisability of the use 
of unmanned aerial vehicles in wildlife, environmental, and 
other appropriate activities. Subsection (b) would describe the 
type of activities which may be conducted under the program. 
Subsection (c) would authorize the participation of other 
federal department and agencies. Subsection (d) would authorize 
$10 million of the funds authorized by the Act to be used for 
the unmanned aerial vehicle program.
Section 415. Expansion of authority for demonstration on enhanced-use 
        lease of real property.
  Section 415 would expand the NASA enhanced-use lease of real 
property demonstration project, as established in the National 
Aeronautics and Space Act of 1958, to include six NASA centers 
instead of two.
Section 416. National Aeronautics and Space Foundation.
  This section would amend the National Aeronautics and Space 
Act of 1958 to authorize the establishment of a National 
Aeronautics and Space Foundation. The Foundation would be a 
charitable, non-profit corporation modeled after the National 
Park Foundation established by Congress in 1967. The purpose of 
the National Aeronautics and Space Foundation would be to 
encourage private gifts of real and personal property or any 
income therefrom or other interest therein for the benefit of, 
or in connection with, NASA, its activities or its services; 
and to further the public's knowledge of and inspiration by the 
Earth, the Earth's atmosphere, space, and celestial bodies in 
space, for current and future generations of Americans.
  The section would also established the board of directors for 
the Foundation. The board would be comprised of six members for 
a term of six years. The board members would be appointed by 
the Administrator, in consultation with the chairman and 
ranking member of the Senate Committee on Commerce, Science, 
and Transportation, and the House of Representatives Committee 
on Science. The board would be authorized to establish the by-
laws of the organization. Members of the board would not be 
compensated.
  The Foundation would have the powers and duties of a 
charitable and non-profit corporation provided under laws of 
the State (or District of Columbia) in which it is 
incorporated. The Foundation would be able to enter into 
contracts or grants, to execute instruments, and generally do 
any and all lawful acts necessary or appropriate to its 
purposes as approved by its board of directors. The Foundation 
would be able to receive, accept, solicit, hold, administer, 
and use any gifts, devises, or bequests of real or personal 
property or any income therefrom or other interest therein for 
the benefit of or in connection with NASA, its activities, or 
its services.
  The Foundation would be exempt from all Federal, State, and 
local taxation. The Foundation would be authorized to 
contribute to local governments but not in excess of that which 
it would be obligated to pay if it was not tax exempt. Also, 
gifts and other transfers made to or for the use of the 
Foundation shall be regarded as gifts, contributions, or 
transfers to or for the use of the United States.
  The Administrator would be authorized to contract with the 
Foundation for the performance of the agencies' duties and 
activities. Neither NASA or its employees would be allowed to 
accept funds from the Foundation. The Foundation would also be 
prohibited from providing funds to directly supplement any 
program or activity of NASA or any other Federal agency.
  The Committee held a hearing to review possibilities for 
private contributions and heard testimony on the possibilities 
for advertising. Proposals, some of them proprietary, have been 
submitted to NASA and the U.S. Government as far back as the 
early 1980s. These proposals entail providing a mechanism for 
tasteful advertising in conjunction with NASA manned and 
unmanned missions with the proceeds benefiting space 
exploration programs. The Committee heard data that suggests 
that a significant amount of funding might be raised per year 
through mechanisms such as advertising.
  The Committee encourages the quick establishment of the 
Foundation and requests that it examine as a start the 
proposals for advertising which have been submitted over the 
past several decades. The Committee expects that NASA and its 
newly created Foundation would report back to the Committee 
regarding these advertising and additional possibilities for 
encouraging private sector contributions to the space program. 
Nonetheless, some members of the Committee remain skeptical 
about this scheme and encourage NASA to move forward cautiously 
keeping in mind the bounds of ``good taste.'' In addition, the 
Foundation should not be used to fund projects and programs 
that the Congress has refused to authorize or fund.
  The Committee has authorized NASA to begin the Centennial 
Challenges Program to establish prizes for space 
accomplishment, noting that significant recent accomplishments 
in space flight have been seen from the privately funded Ansari 
X-prize. The Committee requests NASA to assess the feasibility 
of establishing future prize programs in conjunction with the 
National Aeronautics and Space Foundation with some resources 
from that foundation supporting such future prizes.

             TITLE V--AERONAUTICS RESEARCH AND DEVELOPMENT

Section 501. Findings.
  Section 501 would identify key findings of this title 
concerning the history, the future, and the value of research 
and development in aeronautics at NASA.
Section 502. Environmental aircraft research and development 
        initiative.
  Subsection (a) would require the Administrator to submit to 
Congress a comprehensive plan for the development and 
demonstration of technologies that result in the following 
commercial aircraft performance characteristics: (1) noise 
levels; (2) fuel efficiency, including specific fuel 
consumption, lift to drag ratio, and structural weight 
fraction; and (3) emissions.
  Subsection (b) would identify requirements for the plan 
described in subsection (a).
Section 503. Civil supersonic transport research and development 
        initiative.
  Subsection (a) would require the Administrator to submit to 
Congress a feasibility study addressing the need for, and 
economic viability of, the development and demonstration, in a 
relevant environment, of technologies to enable overland flight 
of supersonic civil transport aircraft with certain performance 
characteristics.
  Subsection (b) would identify requirements for the study 
described in subsection (a).
Section 504. NASA aeronautics scholarships.
  Subsection (a) would require the Administrator to 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 (as defined in section 101 
of the Higher Education Act of 1965 (20 U.S.C. 1001)). Each 
such scholarship would cover the costs of room, board, tuition, 
and fees, and may be provided for a maximum of 2 years.
  Subsection (b) would require the Administrator to publish 
regulations governing the scholarship program not later than 1 
year after the date of enactment of this Act.
  Subsection (c) would require that students who have been 
awarded a scholarship under this section 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 degree program, and 
between the first and second year, if applicable.
Section 505. Annual report on funding of research and development and 
        science relating to aeronautics.
  Section 505 would require the Administrator to submit a 
report to Congress every year by November 30 that would contain 
the aggregate amount obligated and expended on research and 
development on aeronautics during the preceding fiscal year, 
and the aggregate amount obligated and expended on science and 
science-related activities on aeronautics during the previous 
fiscal year.

                  ADDITIONAL VIEWS OF SENATOR HOLLINGS

  I applaud this bill as an attempt to achieve necessary 
reforms in human space flight and to endorse the results of the 
Columbia Accident Investigation Board regarding the management 
and institutional problems that exist at NASA. However, I have 
serious concerns about the redirection given to NASA by this 
Administration and the consequences, unintended though they may 
be, for the future of space in the nation's civil and economic 
endeavors.
  Specifically, I applaud the measures the bill's provisions 
that:
          (1) endorse the results of the Columbia Accident 
        Investigation Board regarding the Shuttle Return-to-
        Flight and other changes at NASA to improve the safety 
        and technical engineering management of the agency;
          (2) authorize an expansion of robotic study and 
        exploration of Earth's solar system;
          (3) call on NASA aggressively to purse a new human 
        crewed vehicle and safe concepts of space flight 
        operation;
          (4) enhance the participation in space and ensure a 
        new spirit of openness and inclusion of the space 
        industry and other nations in NASA's exploration 
        program;
          (5) establish, as a matter of policy, that it is 
        contrary to the interests of the United States to have 
        a sustained period of interruption in U.S. human space 
        flight capabilities that would disrupt relationships 
        with other nations, make industry investments 
        uncertain, introduce discontinuities in science, risk 
        the sustainability of the unique skills acquired over 
        many years among human space flight managers and 
        operations personnel, and allow anyone to question the 
        preeminent status and role of the United States as the 
        world's leader in human space flight operations and 
        engineering; and
          (6) seek to improve NASA program and financial 
        management.
  But the bill does not go far enough in a number of areas and, 
in some, goes too far indeed. The bill endorses NASA's program 
for the next five years and then seeks to create a measure of 
control over NASA spending, priorities, and purposes that is 
illusory at best.
  My own assessment of the cost of NASA's redirection is that 
it sacrifices more than NASA lets on, causing severe 
dislocations to long-standing NASA initiatives in basic 
physics, solar, Earth, and aeronautics research. Moreover, we 
do not know the final price tag of this shift in U.S. space 
policy, and future dislocations that may result.
  While the Administration is undergoing a review of its space 
transportation policy, it has not yet announced which Federal 
agency will be responsible for U.S. space transportation in the 
future. We do not know how NASA's new program, focused narrowly 
on deep space exploration ``beyond low Earth orbit,'' relates 
to the original broader purpose of the 1958 Space Act, to 
establish a single, U.S. civilian agency to oversee and sponsor 
all U.S. research, development, and technological advancement 
in aeronautics and space. If NASA and it's $15 billion budget 
will only be dedicated to planetary exploration and not these 
broader purposes, which agency will oversee and perform those 
activities and where will that funding come from? These are 
questions that all of us in Congress have asked ourselves and 
we do not have the answers.
  Not only do we not have a price tag, we do not have a plan. I 
understand the impetus of those who want us to move out in this 
new direction, restoring credibility and sustainability to this 
pursuit; but I do not understand the urgency and impatience. In 
order to meet the third criteria set out by the President's 
Commission on Implementation of U.S. Space Exploration Policy 
(aka the Aldridge Commission), affordability, I do not know how 
we can proceed to enact five years of funding for a program 
that hasn't even been defined yet. As I have said before, this 
``go-as-you-pay'' approach is merely a license to throw fiscal 
discipline out the window and drag out projects until they 
never finish, nothing more, nothing less.
  Throughout the past year and a half, there have been two 
basic objectives in my approach to NASA and the future of U.S. 
space policy. The first is to rationally address the nation's 
future ambitions in space, given the significance of the loss 
of the Space Shuttle Columbia and the healthy bout of soul-
searching about the future that has engaged the nation. The 
second is to achieve a public accounting for the loss, without 
recrimination but with a steadfast resolve to ensure that the 
circumstances that led us here are never repeated again.
  Sadly, I must say that I have failed in those causes. I 
cannot say that I believe the nation has taken the Columbia 
tragedy to heart, fully contemplating and addressing all the 
antecedents, circumstances, and causes of the failure of this 
institution, this program, and this vehicle. I and others, 
including the members of the Columbia Accident Investigation 
Board, believe that many of these root causes are mired in the 
circumstances of an agency pressed to accomplish too much with 
too little and as a result promising to do more than could 
humanly be delivered. It is not obvious to me, given the events 
that have occurred since the accident, that this cycle has been 
broken.
  Second, it is not clear to me that NASA has fully learned the 
lessons of Columbia and, before it, the common set of lessons 
of the Challenger disaster. I hope, in coming and future years, 
that NASA is able and willing to step back more fully from 
these disasters, once the passion of re-flight is past, to 
listen even more deeply to what the safety, behavioral science, 
and organizational research community is trying to say about 
the demands of being an enduring, high reliability 
organization. No doubt, there is an impressive steadfastness to 
NASA's recovery actions, but true reform is something more to 
achieve than a one or two year set of ``behavioral 
adjustments'' and re-flight events.
  In order to achieve real reform, I believe NASA must make 
fundamental changes in its principles of management and in its 
organization, the distribution of its roles and 
responsibilities, and in the performance of its functions of 
safety in flight operations, not just in its advisory processes 
of safety in development and engineering. This was a core theme 
in the recommendations of the Rogers Commission at the time of 
the Challenger disaster and should now be revisited.
  Lastly, let none of these words discount the bravery and 
earnestness of astronauts and the operators, engineers, and 
safety officials who stand behind them. The strength of NASA 
and our space industry is its people. Together we can move NASA 
forward.

                                                   Ernest Hollings.

                        Changes in Existing Law

  In compliance with paragraph 12 of rule XXVI of the Standing 
Rules of the Senate, the Committee states that the bill as 
reported would make no change to existing law.
  In compliance with paragraph 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill, 
as reported, are shown as follows (existing law proposed to be 
omitted is enclosed in black brackets, new material is printed 
in italic, existing law in which no change is proposed is shown 
in roman):

             THE NATIONAL AERONAUTICS AND SPACE ACT OF 1958

TITLE I--SHORT TITLE, DECLARATION OF POLICY, AND DEFINITIONS

           *       *       *       *       *       *       *


SEC. 102. CONGRESSIONAL DECLARATION OF POLICY AND PURPOSE.

                            [42 U.S.C. 2451]

  (a) The Congress hereby declares that it is the policy of the 
United States that activities in space should be devoted to 
peaceful purposes for the benefit of all mankind.
  (b) The Congress declares that the general welfare and 
security of the United States require that adequate provision 
be made for aeronautical and space activities. The Congress 
further declares that such activities shall be the 
responsibility of, and shall be directed by, a civilian agency 
exercising control over aeronautical and space activities 
sponsored by the United States, except that activities peculiar 
to or primarily associated with the development of weapons 
systems, military operations, or the defense of the United 
States (including the research and development necessary to 
make effective provision for the defense of the United States) 
shall be the responsibility of, and shall be directed by, the 
Department of Defense; and that determination as to which such 
agency has responsibility for and direction of any such 
activity shall be made by the President in conformity with 
section 201(e).
  (c) The Congress declares that the general welfare of the 
United States requires that the National Aeronautics and Space 
Administration (as established by title II of this Act) seek 
and encourage, to the maximum extent possible, the fullest 
commercial use of space.
  (d) The aeronautical and space activities of the United 
States shall be conducted so as to contribute materially to one 
or more of the following objectives:
          (1) The expansion of human knowledge of the Earth and 
        of phenomena in the atmosphere and space;
          (2) The improvement of the usefulness, performance, 
        speed, safety, and efficiency of aeronautical and space 
        vehicles;
          (3) The development and operation of vehicles capable 
        of carrying instruments, equipment, supplies, and 
        living organisms through space;
          (4) The establishment of long-range studies of the 
        potential benefits to be gained from, the opportunities 
        for, and the problems involved in the utilization of 
        aeronautical and space activities for peaceful and 
        scientific purposes;
          (5) The preservation of the role of the United States 
        as a leader in aeronautical and space science and 
        technology and in the application thereof to the 
        conduct of peaceful activities within and outside the 
        atmosphere;
          (6) The making available to agencies directly 
        concerned with national defense of discoveries that 
        have military value or significance, and the furnishing 
        by such agencies, to the civilian agency established to 
        direct and control nonmilitary aeronautical and space 
        activities, of information as to discoveries which have 
        value or significance to that agency;
          (7) Cooperation by the United States with other 
        nations and groups of nations in work done pursuant to 
        this Act and in the peaceful application of the results 
        thereof;
          (8) The most effective utilization of the scientific 
        and engineering resources of the United States, with 
        close cooperation among all interested agencies of the 
        United States in order to avoid unnecessary duplication 
        of effort, facilities, and equipment; and
          (9) The preservation of the United States preeminent 
        position in aeronautics and space through research and 
        technology development related to associated 
        manufacturing processes.
  (e) The Congress declares that the general welfare of the 
United States requires that the unique competence in scientific 
and engineering systems of the National Aeronautics and Space 
Administration also be directed toward ground propulsion 
systems research and development. Such development shall be 
conducted so as to contribute to the objectives of developing 
energy-and petroleum-conserving ground propulsion systems, and 
of minimizing the environmental degradation caused by such 
systems.
  (f) The Congress declares that the general welfare of the 
United States requires that the unique competence of the 
National Aeronautics and Space Administration in science and 
engineering systems be directed to assisting in bioengineering 
research, development, and demonstration programs designed to 
alleviate and minimize the effects of disability.
    (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 
in science and engineering systems be directed to detecting, 
tracking, cataloging, and characterizing near-Earth asteroids 
and comets in order to provide warning and mitigation of the 
potential hazard of those asteroids and comets striking the 
Earth.
  [(g)] (h) It is the purpose of this Act to carry out and 
effectuate the policies declared in subsections (a), (b), (c), 
(d), (e), and (f).

           *       *       *       *       *       *       *


TITLE II--COORDINATION OF AERONAUTICAL AND SPACE ACTIVITIES

           *       *       *       *       *       *       *


SEC. 202. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION.

  (a) Establishment; appointment and duties of Administrator.--
There is hereby established the National Aeronautics and Space 
Administration (hereinafter called the ``Administration''). The 
Administration shall be headed by an Administrator, who shall 
be appointed from civilian life by the President by and with 
the advice and consent of the Senate. Under the supervision and 
direction of the President, the Administrator shall be 
responsible for the exercise of all powers and the discharge of 
all duties of the Administration, and shall have authority and 
control over all personnel and activities thereof.
  (b) Deputy Administrator; appointment and duties.--There 
shall be in the Administration a Deputy Administrator, who 
shall be appointed from civilian life by the President by and 
with the advice and consent of the Senate and shall perform 
such duties and exercise such powers as the Administrator may 
prescribe. The Deputy Administrator shall act for, and exercise 
the powers of, the Administrator during his absence or 
disability.
  (c) Restriction on engaging in any other business, vocation, 
or employment.--The Administrator and the Deputy Administrator 
shall not engage in any other business, vocation, or employment 
while serving as such.
  (d) Assistant Administrator for Legislative Affairs.--There 
shall be in the Administration an Assistant Administrator for 
Legislative Affairs, who shall be appointed by the President, 
by and with the advice and consent of the Senate, and who shall 
perform such duties as the Administrator may prescribe.

           *       *       *       *       *       *       *


TITLE III--MISCELLANEOUS

           *       *       *       *       *       *       *


SEC. 301. INDEPENDENT LIFE-CYCLE COST ANALYSIS.

                           [42 U.S.C. 2459G]

  (a) Requirement.--[Before any funds may be obligated for 
Phase B of a project that is projected to cost more than 
$150,000,000 in total project costs, the Chief Financial 
Officer for the National Aeronautics and Space Administration 
shall conduct an independent life-cycle cost analysis of such 
project and shall report the results to Congress.] For each 
project that is projected to cost more than $250,000,000 in 
total project costs, the Chief Financial Officer for the 
National Aeronautics and Space Administration shall conduct and 
consider an independent life-cycle cost analysis and report the 
results of that analysis to the Senate Committee on Commerce, 
Science, and Transportation and the House of Representatives 
Committee on Science as soon as practicable after the contract, 
or contracts, for the project have been awarded. In developing 
cost accounting and reporting standards for carrying out this 
section, the Chief Financial Officer shall, to the extent 
practicable and consistent with other laws, solicit the advice 
of expertise outside of the National Aeronautics and Space 
Administration.
  [(b) Definition.--For purposes of this section, the term 
``Phase B'' means the latter stages of project formulation, 
during which the final definition of a project is carried out 
and before project implementation (which includes the Design, 
Development, and Operations Phases) begins.]
  (b) Total Project Costs.--In this section, the term ``total 
project costs'' includes--
          (1) 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; and
          (2) design, development, testing, certification, 
        launch, operations, and disposal.

           *       *       *       *       *       *       *


SEC. 315. ENHANCED-USE LEASE OF REAL PROPERTY DEMONSTRATION.

                           [42 U.S.C. 2459J]

  (a) In General.--Notwithstanding any other provision of law, 
the Administrator may enter into a lease under this section 
with any person or entity (including another department or 
agency of the Federal Government or an entity of a State or 
local government) with regard to any real property under the 
jurisdiction of the Administrator at no more than [two (2)] 6 
National Aeronautics and Space Administration (NASA) centers.
  (b) Consideration.--
          (1) A person or entity entering into a lease under 
        this section shall provide consideration for the lease 
        at fair market value as determined by the 
        Administrator, except that in the case of a lease to 
        another department or agency of the Federal Government, 
        that department or agency shall provide consideration 
        for the lease equal to the full costs to NASA in 
        connection with the lease.
          (2) Consideration under this subsection may take one 
        or a combination of the following forms--
                  (A) the payment of cash;
                  (B) the maintenance, construction, 
                modification or improvement of facilities on 
                real property under the jurisdiction of the 
                Administrator;
                  (C) the provision of services to NASA, 
                including launch services and payload 
                processing services; or
                  (D) use by NASA of facilities on the 
                property.
          (3)(A) The Administrator may utilize amounts of cash 
        consideration received under this subsection for a 
        lease entered into under this section to cover the full 
        costs to NASA in connection with the lease. These funds 
        shall remain available until expended.
          (B) Any amounts of cash consideration received under 
        this subsection that are not utilized in accordance 
        with subparagraph (A) shall be deposited in a capital 
        asset account to be established by the Administrator, 
        shall be available for maintenance, capital 
        revitalization, and improvements of the real property 
        assets of the centers selected for this demonstration 
        program, and shall remain available until expended.
  (c) Additional Terms and Conditions.--The Administrator may 
require such terms and conditions in connection with a lease 
under this section as the Administrator considers appropriate 
to protect the interests of the United States.
  (d) Relationship to Other Lease Authority.--The authority 
under this section to lease property of NASA is in addition to 
any other authority to lease property of NASA under law.
  (e) Lease Restrictions.--NASA is not authorized to lease back 
property under this section during the term of the out-lease or 
enter into other contracts with the lessee respecting the 
property.
  (f) Plan and Reporting Requirements.--At least 15 days prior 
to the Administrator entering into the first lease under this 
section, the Administrator shall submit a plan to the Congress 
on NASA's proposed implementation of this demonstration. The 
Administrator shall submit an annual report by January 31st of 
each year regarding the status of the demonstration.

SEC. 316. AUTHORITY FOR COMPETITIVE PRIZE AWARD PROGRAM TO ENCOURAGE 
                    DEVELOPMENT OF ADVANCED SPACE AND AERONAUTICAL 
                    TECHNOLOGIES.

  (a) Program Authorized.--The Administrator may carry out a 
program, known as the Centennial Challenge 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.
  (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) Advertisement of competitions.--The Administrator 
        shall widely advertise any competitions conducted under 
        the program.
  (c) Registration; Assumption of Risk.--
          (1) Registration.--Each potential recipient of a 
        prize in a competition under the program under this 
        section shall register for the competition.
          (2) Assumption of risk.--In registering for a 
        competition under paragraph (1), a potential recipient 
        of a prize shall assume any and all risks, and waive 
        claims against the United States Government and its 
        related entities (including contractors and 
        subcontractors at any tier, suppliers, users, 
        customers, cooperating parties, grantees, 
        investigators, and detailees), 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.
  (d) Budgeting and Awarding of Funds.--
          (1) Availability of funds.--Any funds appropriated to 
        carry out this section shall remain available until 
        expended, but for not more than 4 fiscal years.
          (2) Deposit and withdrawal of funds.--When a prize is 
        offered, the total amount of funding made available for 
        that prize shall be deposited in the Centennial 
        Challenge Trust Fund. If funding expires before a prize 
        is awarded, the Administrator shall deposit additional 
        funds in the account to ensure the availability of 
        funding for all prizes. If a prize competition expires 
        before its goals are met, the Administrator may 
        redesignate those funds for a new challenge, but any 
        redesignated funds will be considered as newly 
        deposited for the purposes of paragraph (3). All cash 
        awards made under this section shall be paid from that 
        account.
          (3) Overall limit.--The Administrator may not deposit 
        more than $25,000,000 annually in the Centennial 
        Challenge Trust Fund.
          (4) Maximum prize.--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.
  (e) Relationship to Other Authority.--The Administrator may 
exercise the authority in this section in conjunction with or 
in addition to any other authority of the Administrator to 
acquire, support, or stimulate basic and applied research, 
technology development, or prototype demonstration projects.

SEC. 317. AUTHORITY TO PAY ALLOWANCES AND BENEFITS TO EMPLOYEES 
                    STATIONED IN FOREIGN COUNTRIES.

  (a) In General.--The Administrator, in the Administrator's 
discretion, may provide to civilian and military personnel, if 
the duty station of such personnel is outside the United 
States, allowances and benefits comparable to those provided by 
the Secretary of State to officers and employees of the Foreign 
Service under chapter 9 of title I of the Foreign Service Act 
of 1980 (22 U.S.C. 4081 et seq.).
  (b) Regulations.--The Administrator shall issue such 
regulations as may be necessary to implement this section. Such 
regulations shall take effect with respect to members of a 
uniformed service only to the extent that the head of the 
executive department of which that uniformed service is a part 
has concurred in the application of the regulations to members 
of that uniform service. The regulations shall ensure that no 
person receives allowances or benefits under both this section 
and any other provision of law for the same purpose.
  (c) Relationship to Other Authority.--The authority granted 
to the Administrator by this section is in addition to 
authority granted to the Administrator by any other provision 
of law, and nothing in this section shall be construed to 
impair or otherwise affect the authority of the Administrator 
under any other provision of law.
  (d) Funding.--Funds appropriated to the Administration shall 
be available for obligation and expenditure to carry out this 
section.
  (e) Definitions.--In this section:
          (1) United States.--The term ``United States'' means 
        the 50 States and the District of Columbia.
          (2) Civilian personnel.--The term ``civilian 
        personnel'' means civilian officers and employees of 
        the United States Government employed by, or assigned 
        or detailed to, the Administration.
          (3) Military personnel.--The term ``military 
        personnel'' means members of the uniformed services 
        assigned or detailed to the Administration.
          (4) Uniformed services.--The term ``uniformed 
        services'' has the meaning given that term in section 
        101 of title 10, United States Code.
  (f) Taxation.--Section 912(a) of the Internal Revenue Code of 
1986 shall apply with respect to amounts received by civilian 
personnel or military personnel as allowances or otherwise 
under this section in the same manner as it applies with 
respect to amounts received by civilian officers or employees 
as allowances or otherwise under chapter 9 of title I of the 
Foreign Service Act of 1980.

SEC. 318. NATIONAL AERONAUTICS AND SPACE FOUNDATION.

  (a) In General.--There is established a charitable and 
nonprofit corporation to be known as the National Aeronautics 
and Space Foundation.
  (b) Purposes.--The purposes of the foundation are--
          (1) to encourage private gifts of real and personal 
        property or any income therefrom or other interest 
        therein for the benefit of, or in connection with, 
        NASA, its activities, or its services; and
          (2) to further the public's knowledge of and 
        inspiration by the Earth, the Earth's atmosphere, 
        space, and celestial bodies in space, for current and 
        future generations of Americans.
  (c) Board of Directors.--
          (1) In general.--The Foundation shall be governed by 
        a board of directors of 6 individuals appointed by the 
        Administrator, in consultation with the chairman and 
        ranking member of the Senate Committee on Commerce, 
        Science, and Transportation and of the House of 
        Representatives Committee on Science. The Administrator 
        shall designate 1 member to serve as chair.
          (2) Term of office.--Each member shall serve for a 
        term of 6 years, except that of the members first 
        appointed to the board--
                  (A) 1 member shall be appointed for a term of 
                1 year;
                  (B) 1 member shall be appointed for a term of 
                2 years;
                  (C) 1 member shall be appointed for a term of 
                3 years;
                  (D) 1 member shall be appointed for a term of 
                4 years;
                  (E) 1 member shall be appointed for a term of 
                5 years; and
                  (F) 1 member shall be appointed for a term of 
                6 years.
          (3) Vacancies.--An individual appointed to fill a 
        vacancy occurring other than by the expiration of a 
        term shall be appointed for the remainder of the term 
        of the former member the individual succeeds.
          (4) Status.--Membership on the Board shall not be 
        deemed to be an office within the meaning of the 
        statutes of the United States.
          (5) Administrator to serve ex officio.--The 
        Administrator shall be a member of the board ex officio 
        but without the right to vote.
          (6) By-laws.--Upon the appointment and qualification 
        of all members of the board, the board may by majority 
        vote adopt by-laws, adopt an official seal (which shall 
        be judicially recognized), and establish a schedule for 
        meetings and a mechanism for calling non-scheduled 
        meetings. Except as provided in the preceding sentence 
        and unless modified by the Board--
                  (A) a majority of the members serving shall 
                constitute a quorum; and
                  (B) the board shall meet at least once each 
                year and at the call of the chair.
          (7) Compensation and expenses.--No compensation shall 
        be paid to the members of the Board for their services 
        as members, but they shall be reimbursed for actual and 
        necessary traveling and subsistence expenses incurred 
        by them in the performance of their duties as such 
        members out of Foundation funds available to the Board 
        for such purposes.
  (d) Powers and Duties.--
          (1) In general.--Except as otherwise provided in this 
        section, the Foundation shall have the powers of, and 
        be subject to the limitations of, a charitable and 
        nonprofit corporation provided under the laws of the 
        State (or the District of Columbia) in which it is 
        incorporated.
          (2) Perpetual succession; member liability.--The 
        Foundation shall have perpetual succession, with all 
        the usual powers and obligations of a corporation 
        acting as a trustee, including the power to sue and to 
        be sued in its own name, but the members of the Board 
        shall not be personally liable, except for malfeasance.
          (3) Contracts; grants; other instruments.--The 
        Foundation shall have the power to enter into contracts 
        or grants, to execute instruments, and generally to do 
        any and all lawful acts necessary or appropriate to its 
        purposes as approved by the board.
          (4) Gifts; devises; bequests.--
                  (A) In general.--Except as provided in 
                subparagraph (B), the Foundation may accept, 
                receive, solicit, hold, administer, and use any 
                gifts, devises, or bequests, either absolutely 
                or in trust, of real or personal property or 
                any income therefrom or other interest therein 
                for the benefit of or in connection with, NASA, 
                its activities, or its services, including a 
                gift, devise, or bequest that is encumbered, 
                restricted, or subject to beneficial interests 
                of private persons if any current or future 
                interest therein is for the benefit of NASA, 
                its activities, or its services. For purposes 
                of this paragraph, an interest in real property 
                includes easements or other rights for 
                preservation, conservation, protection, or 
                enhancement by and for the public of natural, 
                scenic, historic, scientific, educational, 
                inspirational, or recreational resources.
                  (B) Limitation.--The Foundation may not 
                accept a gift, devise, or bequest which entails 
                any expenditure other than from the resources 
                of the Foundation.
  (e) Tax Status and Functions.--
          (1) Tax-exempt status of foundation.--The Foundation 
        and any income or property received or owned by it, and 
        all transactions relating to such income or property, 
        shall be exempt from all Federal, State, and local 
        taxation with respect thereto.
          (2) In-lieu-of payments.--The Foundation may, in the 
        discretion of the board--
                  (A) contribute toward the costs of local 
                government in amounts not in excess of those 
                which it would be obligated to pay such 
                government if it were not exempt from taxation 
                under paragraph (A) or by virtue of its being a 
                charitable and nonprofit corporation; and
                  (B) may contribute with respect to property 
                transferred to it and the income derived 
                therefrom if such agreement is a condition of 
                the transfer.
          (3) Deductibility of contributions to foundation.--
        Gifts and other transfers made to or for the use of the 
        Foundation shall be regarded as contributions, gifts, 
        or transfers to or for the use of the United States.
  (f) Cooperative Work with NASA.--
          (1) NASA support contracts.--The Administrator may 
        contract with the Foundation for the performance of its 
        duties and activities in support of the Administration.
          (2) NASA may not accept funds from foundation.--
        Neither NASA nor any employee thereof may be authorized 
        to accept funds from the Foundation.
          (3) Foundation funding may not supplement 
        appropriated funds activities.--Except as otherwise 
        specifically provided by statute, the Foundation may 
        not obligate or expend funds to directly supplement any 
        program or activity of NASA, or any other Federal 
        agency, for which appropriated funds may be obligated 
        or expended.
  (g) Definitions.--In this section:
          (1) Administrator.--The term ``Administrator'' means 
        the Administrator of the National Aeronautics and Space 
        Administration.
          (2) Board.--The term ``board'' means the board of 
        directors of the Foundation.
          (3) Foundation.--The term ``Foundation'' means the 
        National Aeronautics and Space Foundation established 
        by subsection (a).
          (4) NASA.--The term ``NASA'' means the National 
        Aeronautics and Space Administration.

           *       *       *       *       *       *       *


                   TITLE V--SOLAR SYSTEM EXPLORATION

SEC. 501. SOLAR SYSTEM EXPLORATION INITIATIVE.

  (a) In General.--The Administrator of the National 
Aeronautics and Space Administration shall establish a 
program--
          (1) to implement a sustained and affordable human and 
        robotic exploration of the solar system and beyond;
          (2) to extend human presence across the solar system, 
        starting with a human return to the Moon by the year 
        2020, in preparation for human exploration of Mars and 
        other destinations;
          (3) to develop the innovative technologies, 
        knowledge, and infrastructures both to explore and to 
        support decisions about the destinations for human 
        exploration; and
          (4) to promote international and commercial 
        participation in exploration to further United States 
        scientific, security, and economic interests.
  (b) Action Required.--To accomplish the goals of the program, 
the Administrator shall--
          (1) return the Space Shuttle to flight consistent 
        with safety concerns and the recommendations of the 
        Columbia Accident Investigation Board, with the chief 
        purpose to help finish assembly of the International 
        Space Station;
          (2) retire the Space Shuttle as soon as assembly of 
        International Space Station is completed;
          (3) begin developing a new crewed exploration vehicle 
        to explore beyond Earth orbit to be ready for testing 
        by the end of the decade, and to conduct its first 
        human mission no later than 2014; and
          (4) take the steps necessary to return humans to 
        Earth's moon as early as 2015 and no later than 2020, 
        and use the Moon as a stepping-stone for missions to 
        Mars and other destinations in space.

                                  
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