[House Report 109-173]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    109-173

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



 
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION AUTHORIZATION ACT OF 2005

                                _______
                                

 July 18, 2005.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Boehlert, from the Committee on Science, submitted the following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 3070]

  The Committee on Science, to whom was referred the bill (H.R. 
3070) to reauthorize the human space flight, aeronautics, and 
science programs of the National Aeronautics and Space 
Administration, and for other purposes, having considered the 
same, report favorably thereon with an amendment and recommend 
that the bill as amended do pass.

                                CONTENTS

                                                                   Page
   I. Amendment.......................................................2
  II. Purpose of the Bill............................................29
 III. Background and Need for the Legislation........................29
  IV. Summary of Hearings............................................29
   V. Committee Actions..............................................30
  VI. Summary of Major Provisions of the Bill........................32
 VII. Section-by-Section Analysis of the Bill, as Amended............34
VIII. Committee Views................................................45
  IX. Cost Estimate..................................................55
   X. Congressional Budget Office Cost Estimate......................55
  XI. Compliance With Public Law 104-4 (Unfunded Mandates)...........55
 XII. Committee Oversight Findings and Recommendations...............55
XIII. Statement on General Performance Goals and Objectives..........55
 XIV. Constitutional Authority Statement.............................56
  XV. Federal Advisory Committee Statement...........................56
 XVI. Congressional Accountability Act...............................56
XVII. Statement on Preemption of State, Local, or Tribal Law.........56
XVIII.Changes in Existing Law Made by the Bill, As Reported..........56

 XIX. Committee Recommendations......................................68
  XX. Additional Views...............................................69
 XXI. Proceedings of the Subcommittee Markup.........................70
XXII. Proceedings of the Full Committee Markup......................143

                              I. Amendment

  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

                TITLE I--GENERAL PRINCIPLES AND REPORTS

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

               TITLE II--AUTHORIZATION OF APPROPRIATIONS

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

                           TITLE III--SCIENCE

                     Subtitle A--General Provisions

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

                       Subtitle B--Remote Sensing

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

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

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

                         TITLE IV--AERONAUTICS

Sec. 401. Definition.

  Subtitle A--National Policy for Aeronautics Research and Development

Sec. 411. Policy.

     Subtitle B--NASA Aeronautics Breakthrough Research Initiatives

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

 Subtitle C--Other NASA aeronautics research and development activities

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

                      TITLE V--HUMAN SPACE FLIGHT

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

                     TITLE VI--OTHER PROGRAM AREAS

                  Subtitle A--Space and Flight Support

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

                         Subtitle B--Education

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

                  TITLE VII--MISCELLANEOUS AMENDMENTS

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

                  TITLE VIII--INDEPENDENT COMMISSIONS

Sec. 801. Definitions.

 Subtitle A--International Space Station Independent Safety Commission

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

  Subtitle B--Human Space Flight Independent Investigation Commission

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

         Subtitle C--Organization and Operation of Commissions

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

SEC. 2. FINDINGS.

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

SEC. 3. DEFINITIONS.

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

                TITLE I--GENERAL PRINCIPLES AND REPORTS

SEC. 101. RESPONSIBILITIES, POLICIES, AND PLANS.

  (a) General Responsibilities.--
          (1) Programs.--The Administrator shall ensure that NASA 
        carries out a balanced set of programs that shall include, at a 
        minimum, programs in--
                  (A) human space flight, in accordance with subsection 
                (b);
                  (B) aeronautics research and development; and
                  (C) scientific research, which shall include, at a 
                minimum--
                          (i) robotic missions to study planets, and to 
                        deepen understanding of astronomy, 
                        astrophysics, and other areas of science that 
                        can be productively studied from space;
                          (ii) earth science research and research on 
                        the Sun-Earth connection through the 
                        development and operation of research 
                        satellites and other means;
                          (iii) support of university research in space 
                        science and earth science; and
                          (iv) research on microgravity, including 
                        research that is not directly related to human 
                        exploration.
          (2) Consultation and coordination.--In carrying out the 
        programs of NASA, the Administrator shall--
                  (A) consult and coordinate to the extent appropriate 
                with other relevant Federal agencies, including through 
                the National Science and Technology Council;
                  (B) work closely with the private sector, including 
                by--
                          (i) encouraging the work of entrepreneurs who 
                        are seeking to develop new means to launch 
                        satellites, crew, or cargo;
                          (ii) contracting with the private sector for 
                        crew and cargo services to the extent 
                        practicable; and
                          (iii) using commercially available products 
                        (including software) and services to the extent 
                        practicable to support all NASA activities; and
                  (C) involve other nations to the extent appropriate.
  (b) Vision for Space Exploration.--The Administrator shall manage 
human space flight programs to strive to achieve the following goals:
          (1) Returning Americans to the Moon no later than 2020.
          (2) Launching the Crew Exploration Vehicle as close to 2010 
        as possible.
          (3) Increasing knowledge of the impacts of long duration 
        stays in space on the human body using the most appropriate 
        facilities available.
          (4) Enabling humans to land on and return from Mars and other 
        destinations on a timetable that is technically and fiscally 
        possible.
  (c) Aeronautics.--
          (1) In general.--The President of the United States, through 
        the Administrator, and in consultation with other Federal 
        agencies, shall develop a national aeronautics policy to guide 
        the aeronautics programs of NASA through 2020.
          (2) Content.--At a minimum, the national aeronautics policy 
        shall describe for NASA--
                  (A) the priority areas of research for aeronautics 
                through fiscal year 2011;
                  (B) the basis on which and the process by which 
                priorities for ensuing fiscal years will be selected;
                  (C) the facilities and personnel needed to carry out 
                the aeronautics program through fiscal year 2011; and
                  (D) the budget assumptions on which the national 
                aeronautics policy is based, which for fiscal years 
                2006 and 2007 shall be the authorized level for 
                aeronautics provided in title II of this Act.
          (3) Considerations.--In developing the national aeronautics 
        policy, the President shall consider the following issues, 
        which shall be discussed in the transmittal under paragraph 
        (5):
                  (A) The extent to which NASA should focus on long-
                term, high-risk research or more incremental research, 
                and the expected impact on the United States aircraft 
                and airline industries of that decision.
                  (B) The extent to which NASA should address military 
                and commercial needs.
                  (C) How NASA will coordinate its aeronautics program 
                with other Federal agencies.
                  (D) The extent to which NASA will fund university 
                research, and the expected impact of that funding on 
                the supply of United States workers for the aeronautics 
                industry.
                  (E) The extent to which the priority areas of 
                research listed pursuant to paragraph (2)(A) should 
                include the activities authorized by title IV of this 
                Act, the discussion of which shall include a priority 
                ranking of all of the activities authorized in title IV 
                and an explanation for that ranking.
          (4) Consultation.--In the development of the national 
        aeronautics policy, the Administrator shall consult widely with 
        academic and industry experts and with other Federal agencies. 
        The Administrator may enter into an arrangement with the 
        National Academy of Sciences to help develop the national 
        aeronautics policy.
          (5) Schedule.--The Administrator shall transmit the national 
        aeronautics policy to the Committee on Appropriations and the 
        Committee on Science of the House of Representatives, and to 
        the Committee on Appropriations and the Committee on Commerce, 
        Science, and Transportation of the Senate, not later than the 
        date on which the President submits the proposed budget for the 
        Federal Government for fiscal year 2007 to the Congress. The 
        Administrator shall make available to those committees any 
        study done by a nongovernmental entity that was used in the 
        development of the national aeronautics policy.
  (d) Science.--
          (1) In general.--The Administrator shall develop a policy to 
        guide the science programs of NASA through 2016.
          (2) Content.--At a minimum, the policy shall describe--
                  (A) the missions NASA will initiate, design, develop, 
                launch, or operate in space science and earth science 
                through fiscal year 2016, including launch dates;
                  (B) a priority ranking of all of the missions listed 
                under subparagraph (A), and the rationale for the 
                ranking;
                  (C) the budget assumptions on which the policy is 
                based, which for fiscal years 2006 and 2007 shall be 
                consistent with the authorizations provided in title II 
                of this Act; and
                  (D) the facilities and personnel needed to carry out 
                the policy through fiscal year 2016.
          (3) Considerations.--In developing the science policy under 
        this subsection, the Administrator shall consider the following 
        issues, which shall be discussed in the transmittal under 
        paragraph (6):
                  (A) What the most important scientific questions in 
                space science and earth science are.
                  (B) The relationship between NASA's space and earth 
                science activities and those of other Federal agencies.
          (4) Consultation.--In developing the policy under this 
        subsection, the Administrator shall draw on decadal surveys and 
        other reports in planetary science, astronomy, solar and space 
        physics, earth science, and any other relevant fields developed 
        by the National Academy of Sciences. The Administrator shall 
        also consult widely with academic and industry experts and with 
        other Federal agencies.
          (5) Hubble space telescope.--The policy developed under this 
        subsection shall address plans for a human mission to repair 
        the Hubble Space Telescope consistent with section 302 of this 
        Act.
          (6) Schedule.--The Administrator shall transmit the policy 
        developed under this subsection to the Committee on Science of 
        the House of Representatives and the Committee on Commerce, 
        Science, and Transportation of the Senate not later than the 
        date on which the President submits the proposed budget for the 
        Federal Government for fiscal year 2007 to the Congress. The 
        Administrator shall make available to those committees any 
        study done by a nongovernmental entity that was used in the 
        development of the policy.
  (e) Facilities.--
          (1) In general.--The Administrator shall develop a plan for 
        managing NASA's facilities through fiscal year 2015. The plan 
        shall be consistent with the policies and plans developed 
        pursuant to this section.
          (2) Content.--At a minimum, the plan shall describe--
                  (A) any new facilities NASA intends to acquire, 
                whether through construction, purchase, or lease, and 
                the expected dates for doing so;
                  (B) any facilities NASA intends to significantly 
                modify, and the expected dates for doing so;
                  (C) any facilities NASA intends to close, and the 
                expected dates for doing so;
                  (D) any transaction NASA intends to conduct to sell, 
                lease, or otherwise transfer the ownership of a 
                facility, and the expected dates for doing so;
                  (E) how each of the actions described in 
                subparagraphs (A), (B), (C), and (D) will enhance the 
                ability of NASA to carry out its programs;
                  (F) the expected costs or savings expected from each 
                of the actions described in subparagraphs (A), (B), 
                (C), and (D);
                  (G) the priority order of the actions described in 
                subparagraphs (A), (B), (C), and (D);
                  (H) the budget assumptions of the plan, which for 
                fiscal years 2006 and 2007 shall be consistent with the 
                authorizations provided in title II of this Act; and
                  (I) how facilities were evaluated in developing the 
                plan.
          (3) Schedule.--The Administrator shall transmit the plan 
        developed under this subsection to the Committee on Science of 
        the House of Representatives and the Committee on Commerce, 
        Science, and Transportation of the Senate not later than the 
        date on which the President submits the proposed budget for the 
        Federal Government for fiscal year 2008 to the Congress.
  (f) Workforce.--
          (1) In general.--The Administrator shall develop a human 
        capital strategy to ensure that NASA has a workforce of the 
        appropriate size and with the appropriate skills to carry out 
        the programs of NASA, consistent with the policies and plans 
        developed pursuant to this section. The strategy shall cover 
        the period through fiscal year 2011.
          (2) Content.--The strategy shall describe, at a minimum--
                  (A) any categories of employees NASA intends to 
                reduce, the expected size and timing of those 
                reductions, the methods NASA intends to use to make the 
                reductions, and the reasons NASA no longer needs those 
                employees;
                  (B) any categories of employees NASA intends to 
                increase, the expected size and timing of those 
                increases, the methods NASA intends to use to recruit 
                the additional employees, and the reasons NASA needs 
                those employees;
                  (C) the steps NASA will use to retain needed 
                employees; and
                  (D) the budget assumptions of the strategy, which for 
                fiscal years 2006 and 2007 shall be consistent with the 
                authorizations provided in title II of this Act, and 
                any expected additional costs or savings from the 
                strategy by fiscal year.
          (3) Schedule.--The Administrator shall transmit the strategy 
        developed under this subsection to the Committee on Science of 
        the House of Representatives and the Committee on Commerce, 
        Science, and Transportation of the Senate not later than the 
        date on which the President submits the proposed budget for the 
        Federal Government for fiscal year 2007 to the Congress. At 
        least 60 days before transmitting the strategy, NASA shall 
        provide a draft of the strategy to its Federal Employee Unions 
        for a 30-day consultation period after which NASA shall respond 
        in writing to any written concerns provided by the Unions.
          (4) Limitation.--NASA may not initiate any buyout offer or 
        Reduction in Force until 60 days after the strategy required by 
        this subsection has been transmitted to the Congress in 
        accordance with paragraph (3). NASA may not implement any 
        Reduction in Force or other involuntary separations prior to 
        October 1, 2006.
  (g) Center Management.--
          (1) In general.--The Administrator shall conduct a study to 
        determine whether any of NASA's centers should be operated by 
        or with the private sector by converting a center to a 
        Federally Funded Research and Development Center or through any 
        other mechanism.
          (2) Content.--The study shall, at a minimum--
                  (A) make a recommendation for the operation of each 
                center and provide reasons for that recommendation; and
                  (B) describe the advantages and disadvantages of each 
                mode of operation considered in the study.
          (3) Considerations.--In conducting the study, the 
        Administrator shall take into consideration the experiences of 
        other relevant Federal agencies in operating laboratories and 
        centers and any reports that have reviewed the mode of 
        operation of those laboratories and centers, as well as any 
        reports that have reviewed NASA's centers.
          (4) Schedule.--The Administrator shall transmit the study 
        conducted under this subsection to the Committee on Science of 
        the House of Representatives and the Committee on Commerce, 
        Science, and Transportation of the Senate not later than May 
        31, 2006.
  (h) Budgets.--The proposed budget for NASA submitted by the President 
for each fiscal year shall be accompanied by documents showing--
          (1) the budget for each element of the human space flight 
        program;
          (2) the budget for aeronautics;
          (3) the budget for space science;
          (4) the budget for earth science;
          (5) the budget for microgravity science;
          (6) the budget for education;
          (7) the budget for technology transfer programs;
          (8) the budget for the Integrated Financial Management 
        Program, by individual element;
          (9) the budget for the Independent Technical Authority, both 
        total and by center;
          (10) the budget for public relations, by program;
          (11) the comparable figures for at least the 2 previous 
        fiscal years for each item in the proposed budget;
          (12) the amount of unobligated funds and unexpended funds, by 
        appropriations account--
                  (A) that remained at the end of the fiscal year prior 
                to the fiscal year in which the budget is being 
                presented that were carried over into the fiscal year 
                in which the budget is being presented;
                  (B) that are estimated will remain at the end of the 
                fiscal year in which the budget is being presented that 
                are proposed to be carried over into the fiscal year 
                for which the budget is being presented; and
                  (C) that are estimated will remain at the end of the 
                fiscal year for which the budget is being presented; 
                and
          (13) the budget for safety, by program.
  (i) General and Administrative Expenses.--NASA shall make available, 
upon request from the Committee on Science of the House of 
Representatives or the Committee on Commerce, Science, and 
Transportation of the Senate, information on Corporate and Center 
General and Administrative Costs and Service Pool costs, including--
          (1) the total amount of funds being allocated for those 
        purposes for any fiscal year for which the President has 
        submitted an annual budget request to Congress;
          (2) the amount of funds being allocated for those purposes 
        for each center, for headquarters, and for each directorate; 
        and
          (3) the major activities included in each cost category.
  (j) NASA Test Facilities.--
          (1) Review.--The Director of the Office of Science and 
        Technology Policy shall commission an independent review of the 
        Nation's long-term strategic needs for test facilities and 
        shall submit the review to the Committee on Science of the 
        House of Representatives and the Committee on Commerce, 
        Science, and Transportation of the Senate. The review shall 
        include an evaluation of the facility needs described pursuant 
        to subsection (c)(2)(C).
          (2) Limitation.--The Administrator shall not close or 
        mothball any aeronautical test facilities identified in the 
        2003 independent assessment by the RAND Corporation, entitled 
        ``Wind Tunnel and Propulsion Test Facilities: An Assessment of 
        NASA's Capabilities to Serve National Needs'' as being part of 
        the minimum set of those facilities necessary to retain and 
        manage to serve national needs, as well as any other NASA test 
        facilities that were in use as of January 1, 2004, until the 
        review conducted under paragraph (1) has been transmitted to 
        the Congress.

SEC. 102. REPORTS.

  (a) Immediate Issues.--Not later than September 30, 2005, the 
Administrator shall transmit to the Committee on Science of the House 
of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report on each of the following items:
          (1) The research agenda for the ISS and its proposed final 
        configuration.
          (2) The number of flights the Space Shuttle will make before 
        its retirement, the purpose of those flights, and the expected 
        date of the final flight.
          (3) A description of the means, other than the Space Shuttle, 
        that may be used to ferry crew and cargo to and from the ISS.
          (4) A plan for the operation of the ISS in the event that the 
        Iran Nonproliferation Act of 2000 is not amended.
          (5) A description of the launch vehicle for the Crew 
        Exploration Vehicle.
          (6) A description of any heavy lift vehicle NASA intends to 
        develop, the intended uses of that vehicle, and whether the 
        decision to develop that vehicle has undergone an interagency 
        review.
          (7) A description of the intended purpose of lunar missions 
        and the architecture for those missions.
          (8) The program goals for Project Prometheus.
          (9) A plan for managing the cost increase for the James Webb 
        Space Telescope.
  (b) Crew Exploration Vehicle.--The Administrator shall not enter into 
a development contract for the Crew Exploration Vehicle until at least 
30 days after the Administrator has transmitted to the Committee on 
Science of the House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report describing--
          (1) the expected cost of the Crew Exploration Vehicle through 
        fiscal year 2020, based on the specifications for that 
        development contract;
          (2) the expected budgets for each fiscal year through fiscal 
        year 2020 for human space flight, aeronautics, space science, 
        and earth science--
                  (A) first assuming inflationary growth for the budget 
                of NASA as a whole and including costs for the Crew 
                Exploration Vehicle as projected under paragraph (1); 
                and
                  (B) then assuming inflationary growth for the budget 
                of NASA as a whole and including at least two cost 
                estimates for the Crew Exploration Vehicle that are 
                higher than those projected under paragraph (1), based 
                on NASA's past experience with cost increases for 
                similar programs, along with a description of the 
                reasons for selecting the cost estimates used for the 
                calculations under this subparagraph and the 
                probability that the cost of the Crew Exploration 
                Vehicle will reach those estimated amounts; and
          (3) the extent to which the Crew Exploration Vehicle will 
        allow for the escape of the crew in the event of an emergency.
  (c) Space Communications Study.--
          (1) Study.--The Administrator shall develop a plan for 
        updating NASA's space communications architecture for both low-
        Earth orbital operations and deep space exploration so that it 
        is capable of meeting NASA's needs over the next 20 years. The 
        plan shall also include life-cycle cost estimates, milestones, 
        estimated performance capabilities, and 5-year funding 
        profiles. The plan shall also include an estimate of the 
        amounts of any reimbursements NASA is likely to receive from 
        other Federal agencies during the expected life of the upgrades 
        described in the plan. The plan shall include a description of 
        the following:
                  (A) Projected Deep Space Network requirements for the 
                next decade, including those in support of human space 
                exploration missions.
                  (B) Upgrades needed to support Deep Space Network 
                requirements.
                  (C) Cost estimates for the maintenance of existing 
                Deep Space Network capabilities.
                  (D) Cost estimates and schedules for the upgrades 
                described in subparagraph (B).
          (2) Consultations.--The Administrator shall consult with 
        other relevant Federal agencies in developing the plan under 
        this subsection.
          (3) Report.--The Administrator shall transmit the plan under 
        this subsection to the Committee on Science of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate not later than February 17, 2007.
  (d) Public Relations.--Not later than December 31, 2005, the 
Administrator shall transmit a plan to the Committee on Appropriations 
and the Committee on Science of the House of Representatives, and to 
the Committee on Appropriations and the Committee on Commerce, Science, 
and Transportation of the Senate, describing the activities that will 
be undertaken as part of the national awareness campaign required by 
the report of the Committee on Appropriations of the House of 
Representatives accompanying the Science, State, Justice, Commerce, and 
Related Agencies Appropriations Act, 2006, and the expected cost of 
those activities. NASA may undertake activities as part of the national 
awareness campaign prior to the transmittal of the plan required by 
this subsection, but not until 15 days after notifying the Committee on 
Science of the House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate of any activity. The plan 
required by this subsection shall include the estimated costs of any 
activities undertaken pursuant to notice under the preceding sentence.
  (e) Joint Dark Energy Mission.--The Administrator and the Director of 
the Department of Energy Office of Science shall jointly transmit to 
the Committee on Science of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the Senate, not 
later than the date on which the President submits the proposed budget 
for the Federal Government for fiscal year 2007, a report on plans for 
a Joint Dark Energy Mission. The report shall include the amount of 
funds each agency intends to expend on the Joint Dark Energy Mission 
for each of the fiscal years 2007 through 2011, and any specific 
milestones for the development and launch of the Mission.
  (f) Shuttle Employee Transition.--The Administrator shall consult 
with other appropriate Federal agencies and with NASA contractors and 
employees to develop a transition plan for Federal and contractor 
personnel engaged in the Space Shuttle program. The plan shall include 
actions to assist Federal and contractor personnel to take advantage of 
training, retraining, job placement, and relocation programs, and any 
other actions that NASA will take to assist the employees. The plan 
shall also describe how the Administrator will ensure that NASA and its 
contractors will have an appropriate complement of employees to allow 
for the safest possible use of the Space Shuttle through its final 
flight. The Administrator shall transmit the plan to the Committee on 
Science of the House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate not later than 90 days after 
the date of enactment of this Act.
  (g) Office of Science and Technology Policy.--
          (1) Study.--The Director of the Office of Science and 
        Technology Policy shall conduct a study to determine--
                  (A) if any research and development programs of NASA 
                are unnecessarily duplicating aspects of programs of 
                other Federal agencies; and
                  (B) if any research and development programs of NASA 
                are neglecting any topics of national interest that are 
                related to the mission of NASA.
          (2) Report.--Not later than March 1, 2006, the Director of 
        the Office of Science and Technology Policy shall transmit to 
        the Committee on Science of the House of Representatives and 
        the Committee on Commerce, Science, and Transportation of the 
        Senate a report that--
                  (A) describes the results of the study under 
                paragraph (1);
                  (B) lists the research and development programs of 
                Federal agencies other than NASA that were reviewed as 
                part of the study, which shall include any program 
                supporting research and development in an area related 
                to the programs of NASA, and the most recent budget 
                figures for those programs of other agencies;
                  (C) recommends any changes to the research and 
                development programs of NASA that should be made to 
                eliminate unnecessary duplication or address topics of 
                national interest; and
                  (D) describes mechanisms the Office of Science and 
                Technology Policy will use to ensure adequate 
                coordination between NASA and Federal agencies that 
                operate related programs.

SEC. 103. BASELINES AND COST CONTROLS.

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

NASA shall complete an analysis initiated under paragraph (2) not later 
than 6 months after the Administrator makes a determination under this 
subsection. The Administrator shall transmit the analysis to the 
Committee on Science of the House of Representatives and Committee on 
Commerce, Science, and Transportation of the Senate not later than 30 
days after its completion.
  (e) Thirty Percent Threshold.--If the Administrator determines under 
subsection (d) that the development cost of a program will exceed the 
estimate provided in the Baseline Report of the program by more than 
the lower of 30 percent or $1,000,000,000, then, beginning 1 year after 
the date the Administrator transmits a report under subsection (d)(1), 
the Administrator shall not expend any additional funds on the program, 
other than termination costs, unless the Congress has subsequently 
authorized continuation of the program by law. If the program is 
continued, the Administrator shall submit a new Baseline Report for the 
program no later than 90 days after the date of enactment of the Act 
under which Congress has authorized continuation of the program.
  (f) Definitions.--For the purposes of this section--
          (1) the term ``development'' means the phase of a program 
        following the formulation phase and beginning with the approval 
        to proceed to implementation, as defined in NASA's Procedural 
        Requirements 7120.5c, dated March 22, 2005;
          (2) the term ``development cost'' means the total of all 
        costs, including construction of facilities and civil servant 
        costs, from the period beginning with the approval to proceed 
        to implementation through the achievement of operational 
        readiness, without regard to funding source or management 
        control, for the life of the program;
          (3) the term ``life-cycle cost'' means the total of the 
        direct, indirect, recurring, and nonrecurring costs, including 
        the construction of facilities and civil servant costs, and 
        other related expenses incurred or estimated to be incurred in 
        the design, development, verification, production, operation, 
        maintenance, support, and retirement of a program over its 
        planned lifespan, without regard to funding source or 
        management control; and
          (4) the term ``major program'' means an activity approved to 
        proceed to implementation that has an estimated life-cycle cost 
        of more than $100,000,000.

SEC. 104. PRIZE AUTHORITY.

  The National Aeronautics and Space Act of 1958 (42 U.S.C. 2451, et 
seq.) is amended by inserting after section 313 the following new 
section:
                           ``prize authority
  ``Sec. 314. (a) In General.--The Administration may carry out a 
program to competitively award cash prizes to stimulate innovation in 
basic and applied research, technology development, and prototype 
demonstration that have the potential for application to the 
performance of the space and aeronautical activities of the 
Administration. The Administration may carry out a program to award 
prizes only in conformity with this section.
  ``(b) Topics.--In selecting topics for prize competitions, the 
Administrator shall consult widely both within and outside the Federal 
Government, and may empanel advisory committees.
  ``(c) Advertising.--The Administrator shall widely advertise prize 
competitions to encourage participation.
  ``(d) Requirements and Registration.--For each prize competition, the 
Administrator shall publish a notice in the Federal Register announcing 
the subject of the competition, the rules for being eligible to 
participate in the competition, the amount of the prize, and the basis 
on which a winner will be selected.
  ``(e) Eligibility.--To be eligible to win a prize under this section, 
an individual or entity--
          ``(1) shall have registered to participate in the competition 
        pursuant to any rules promulgated by the Administrator under 
        subsection (d);
          ``(2) shall have complied with all the requirements under 
        this section;
          ``(3) in the case of a private entity, shall be incorporated 
        in and maintain a primary place of business in the United 
        States, and in the case of an individual, whether participating 
        singly or in a group, shall be a citizen or permanent resident 
        of the United States; and
          ``(4) shall not be a Federal entity or Federal employee 
        acting within the scope of their employment.
  ``(f) Liability.--(1) Registered participants must agree to assume 
any and all risks and waive claims against the United States Government 
and its related entities, except in the case of willful misconduct, for 
any injury, death, damage, or loss of property, revenue, or profits, 
whether direct, indirect, or consequential, arising from their 
participation in a competition, whether such injury, death, damage, or 
loss arises through negligence or otherwise. For the purposes of this 
subparagraph, the term `related entity' means a contractor or 
subcontractor at any tier, and a supplier, user, customer, cooperating 
party, grantee, investigator, or detailee.
  ``(2) Participants must obtain liability insurance or demonstrate 
financial responsibility in amounts to compensate for the maximum 
probable loss, as determined by the Administrator, from claims by--
          ``(A) a third party for death, bodily injury, or property 
        damage, or loss resulting from an activity carried out in 
        connection with participation in a competition, with the 
        Federal Government named as an additional insured under the 
        registered participant's insurance policy and registered 
        participants agreeing to indemnify the Federal Government 
        against third party claims for damages arising from or related 
        to competition activities; and
          ``(B) the United States Government for damage or loss to 
        Government property resulting from such an activity.
  ``(g) Judges.--For each competition, the Administration, either 
directly or through a contract under subsection (h), shall assemble a 
panel of qualified judges from both within and outside the 
Administration to select the winner or winners of the prize competition 
on the basis described pursuant to subsection (d). Judges for each 
competition shall include individuals from the private sector. A judge 
may not--
          ``(1) have personal or financial interests in, or be 
        employees, officers, directors, or agents of, any entity that 
        is a registered participant in a competition; or
          ``(2) have a familial or financial relationship with an 
        individual who is a registered participant.
  ``(h) Administering the Competition.--The Administrator may enter 
into an agreement with a private, nonprofit entity to administer the 
prize competition, subject to the provisions of this section.
  ``(i) Funding.--(1) The Administrator may accept funds from other 
Federal agencies and from the private sector for cash prizes under this 
section. Such funds shall not increase the amount of a prize after the 
amount has been announced pursuant to subsection (d). The Administrator 
may not give any special consideration to any private sector entity in 
return for a donation.
  ``(2) Funds appropriated for the program under this section shall 
remain available until expended, and may be transferred, reprogrammed, 
or expended for other purposes only after the expiration of 10 fiscal 
years after the fiscal year for which the funds were originally 
appropriated. No provision in this section permits obligation or 
payment of funds in violation of the Anti-Deficiency Act (31 U.S.C. 
1341).
  ``(3) No prize may be announced under subsection (d) until all the 
funds for that prize have been appropriated or obligated for such 
purpose by a private sector source.
  ``(4) No prize competition under this section may offer a prize in an 
amount greater than $10,000,000 unless 30 days have elapsed after 
written notice has been provided to the Committee on Science of the 
House of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate.
  ``(j) Use of NASA Name and Insignia.--A registered participant in a 
competition under this section may use the Administration's name, 
initials, or insignia only after prior review and written approval by 
the Administration.
  ``(k) Compliance With Existing Law.--The Federal Government shall 
not, by virtue of offering or providing a prize under this section, be 
responsible for compliance by registered participants in a prize 
competition with Federal law, including licensing, export control, and 
nonproliferation laws, and related regulations.''.

SEC. 105. FOREIGN LAUNCH VEHICLES.

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

SEC. 106. SAFETY MANAGEMENT.

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

SEC. 107. LESSONS LEARNED AND BEST PRACTICES.

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

SEC. 108. COMMERCIALIZATION PLAN.

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

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

  (a) In General.--The Administrator shall conduct a feasibility study 
on the use of ground source heat pumps in future NASA facilities or 
substantial renovation of existing NASA facilities involving the 
installation of heating, ventilating, and air conditioning systems.
  (b) Contents.--The study shall examine--
          (1) the life-cycle costs, including maintenance costs, of the 
        operation of such heat pumps compared to generally available 
        heating, cooling, and water heating equipment;
          (2) barriers to installation, such as availability and 
        suitability of terrain; and
          (3) such other issues as the Administrator considers 
        appropriate.
  (c) Definition.--In this section, the term ``ground source heat 
pump'' means an electric-powered system that uses the Earth's 
relatively constant temperature to provide heating, cooling, or hot 
water.

               TITLE II--AUTHORIZATION OF APPROPRIATIONS

SEC. 201. STRUCTURE OF BUDGETARY ACCOUNTS.

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

``SEC. 313. BUDGETARY ACCOUNTS.

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

SEC. 202. FISCAL YEAR 2006.

  There are authorized to be appropriated to NASA for fiscal year 2006 
$16,471,050,000, as follows:
          (1) For Science, Aeronautics and Education (including amounts 
        for construction of facilities), $6,870,250,000 of which--
                  (A) $962,000,000 shall be for Aeronautics;
                  (B) $150,000,000 shall be for a Hubble Space 
                Telescope servicing mission; and
                  (C) $24,000,000 shall be for the National Space Grant 
                College and Fellowship Program.
          (2) For Exploration Systems (including amounts for 
        construction of facilities), $3,181,100,000.
          (3) For Space Operations (including amounts for construction 
        of facilities), $6,387,300,000.
          (4) For the Office of Inspector General, $32,400,000.

SEC. 203. FISCAL YEAR 2007.

   There are authorized to be appropriated to NASA for fiscal year 2007 
$16,962,000,000, as follows:
          (1) For Science, Aeronautics and Education (including amounts 
        for construction of facilities), $7,331,600,000 of which--
                  (A) $990,000,000 shall be for Aeronautics; and
                  (B) $24,000,000 shall be for the National Space Grant 
                College and Fellowship Program.
          (2) For Exploration Systems (including amounts for 
        construction of facilities), $3,589,200,000.
          (3) For Space Operations (including amounts for construction 
        of facilities), $6,007,700,000.
          (4) For the Office of Inspector General, $33,500,000.

SEC. 204. ISS RESEARCH.

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

SEC. 205. TEST FACILITIES.

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

SEC. 206. PROPORTIONALITY.

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

SEC. 207. LIMITATIONS ON AUTHORITY.

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

SEC. 208. NOTICE OF REPROGRAMMING.

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

SEC. 209. COST OVERRUNS.

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

SEC. 210. OFFICIAL REPRESENTATIONAL FUND.

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

SEC. 211. INTERNATIONAL SPACE STATION COST CAP.

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

                           TITLE III--SCIENCE

                     Subtitle A--General Provisions

SEC. 301. PERFORMANCE ASSESSMENTS.

  (a) In General.--Performance of each discipline in the Science 
account of NASA shall be reviewed and assessed by the National Academy 
of Sciences at 5-year intervals.
  (b) Timing.--Beginning with the first fiscal year following the date 
of enactment of this Act, the Administrator shall select at least one 
discipline for review under this section. The Administrator shall 
select disciplines so that all disciplines will have received their 
first review within six fiscal years of the date of enactment of this 
Act.
  (c) Reports.--Each year, beginning with the first fiscal year after 
the date of enactment of this Act, the Administrator shall transmit a 
report to the Committee on Science of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate--
          (1) setting forth in detail the results of any external 
        review under subsection (a);
          (2) setting forth in detail actions taken by NASA in response 
        to any external review; and
          (3) including a summary of findings and recommendations from 
        any other relevant external reviews of NASA's science mission 
        priorities and programs.

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

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

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

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

SEC. 304. ASSESSMENT OF SCIENCE MISSION EXTENSIONS.

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

SEC. 305. MICROGRAVITY RESEARCH.

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

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

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

                       Subtitle B--Remote Sensing

SEC. 311. DEFINITIONS.

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

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

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

SEC. 313. PROGRAM EVALUATION.

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

SEC. 314. DATA AVAILABILITY.

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

SEC. 315. EDUCATION.

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

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

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

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

                         TITLE IV--AERONAUTICS

SEC. 401. DEFINITION.

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

  Subtitle A--National Policy for Aeronautics Research and Development

SEC. 411. POLICY.

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

     Subtitle B--NASA Aeronautics Breakthrough Research Initiatives

SEC. 421. ENVIRONMENTAL AIRCRAFT RESEARCH AND DEVELOPMENT INITIATIVE.

  (a) Objective.--The Administrator may establish an initiative with 
the objective of developing, and demonstrating in a relevant 
environment, within 10 years after the date of enactment of this Act, 
technologies to enable the following commercial aircraft performance 
characteristics:
          (1) Noise.--Noise levels on takeoff and on airport approach 
        and landing that do not exceed ambient noise levels in the 
        absence of flight operations in the vicinity of airports from 
        which such commercial aircraft would normally operate.
          (2) Energy consumption.--Twenty-five percent reduction in the 
        energy required for medium to long range flights, compared to 
        aircraft in commercial service as of the date of enactment of 
        this Act. This reduction may be achieved by a combination of 
        improvements to--
                  (A) specific fuel consumption;
                  (B) lift-to-drag ratio; and
                  (C) structural weight fraction.
          (3) Emissions.--Nitrogen oxides on take-off and landing that 
        are reduced by 50 percent relative to aircraft in commercial 
        service as of the date of enactment of this Act.
  (b) Study.--
          (1) Requirement.--The Administrator shall enter into an 
        arrangement for the National Research Council to conduct a 
        study to identify and quantify new markets that would be 
        created, as well as existing markets that would be expanded, by 
        the incorporation of the technologies developed pursuant to 
        this section into future commercial aircraft. The study shall 
        identify whether any of the performance characteristics 
        specified in subsection (a) would need to be made more 
        stringent in order to create new markets or expand existing 
        markets. The National Research Council shall seek input from at 
        least the aircraft manufacturing industry, academia, and the 
        airlines in carrying out the study.
          (2) Report.--A report containing the results of the study 
        conducted under paragraph (1) shall be provided to Congress not 
        later than 18 months after the date of enactment of this Act.

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

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

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

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

 Subtitle C--Other NASA Aeronautics Research and Development Activities

SEC. 431. FUNDAMENTAL RESEARCH AND TECHNOLOGY BASE PROGRAM.

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

SEC. 432. AIRSPACE SYSTEMS RESEARCH.

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

SEC. 433. AVIATION SAFETY AND SECURITY RESEARCH.

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

SEC. 434. ZERO-EMISSIONS AIRCRAFT RESEARCH.

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

SEC. 435. MARS AIRCRAFT RESEARCH.

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

SEC. 436. HYPERSONICS RESEARCH.

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

SEC. 437. NASA AERONAUTICS SCHOLARSHIPS.

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

SEC. 438. AVIATION WEATHER RESEARCH.

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

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

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

SEC. 440. UNIVERSITY-BASED CENTERS FOR RESEARCH ON AVIATION TRAINING.

  (a) In General.--The Administrator may award grants to institutions 
of higher education (or consortia thereof) to establish one or more 
Centers for Research on Aviation Training under cooperative agreements 
with appropriate NASA Centers.
  (b) Purpose.--The purpose of the Centers shall be to investigate the 
impact of new technologies and procedures, particularly those related 
to the aircraft flight deck and to the air traffic management 
functions, on training requirements for pilots and air traffic 
controllers.
  (c) Application.--An institution of higher education (or a consortium 
of such institutions) seeking funding under this section shall submit 
an application to the Administrator at such time, in such manner, and 
containing such information as the Administrator may require, 
including, at a minimum, a 5-year research plan.
  (d) Award Duration.--An award made by the Administrator under this 
section shall be for a period of 5 years and may be renewed on the 
basis of--
          (1) satisfactory performance in meeting the goals of the 
        research plan proposed by the Center in its application under 
        subsection (c); and
          (2) other requirements as specified by the Administrator.

                      TITLE V--HUMAN SPACE FLIGHT

SEC. 501. INTERNATIONAL SPACE STATION COMPLETION.

  (a) Elements, Capabilities, and Configuration Criteria.--The 
Administrator shall ensure that the ISS will be able to--
          (1) be used for a diverse range of microgravity research, 
        including fundamental, applied, and commercial research;
          (2) have an ability to support crew size of at least 6 
        persons;
          (3) support Crew Exploration Vehicle docking and automated 
        docking of cargo vehicles or modules launched by either heavy-
        lift or commercially-developed launch vehicles; and
          (4) be operated at an appropriate risk level.
  (b) Contingency Plan.--The transportation plan to support ISS shall 
include contingency options to ensure sufficient logistics and on-orbit 
capabilities to support any potential period during which the Space 
Shuttle or its follow-on crew and cargo systems is unavailable, and 
provide sufficient prepositioning of spares and other supplies needed 
to accommodate any such hiatus.
  (c) Certification.--Not later than 60 days after the date of 
enactment of this Act, and before making any change in the ISS assembly 
sequence in effect on the date of enactment of this Act, the 
Administrator shall certify in writing to the Committee on Science of 
the House of Representatives and the Committee on Commerce, Science, 
and Transportation of the Senate NASA's plan to meet the requirements 
of subsections (a) and (b).

SEC. 502. HUMAN EXPLORATION PRIORITIES.

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

SEC. 503. GAO ASSESSMENT.

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

                     TITLE VI--OTHER PROGRAM AREAS

                  Subtitle A--Space and Flight Support

SEC. 601. ORBITAL DEBRIS.

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

SEC. 602. SECONDARY PAYLOAD CAPABILITY.

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

                         Subtitle B--Education

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

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

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

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

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

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

SEC. 614. REVIEW OF EDUCATION PROGRAMS.

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

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

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

                  TITLE VII--MISCELLANEOUS AMENDMENTS

SEC. 701. RETROCESSION OF JURISDICTION.

  The National Aeronautics and Space Act of 1958 (42 U.S.C. 2451 et 
seq.) is amended by adding at the end of title III the following new 
section:
                     ``retrocession of jurisdiction
  ``Sec. 316. (a) Notwithstanding any other provision of law, the 
Administrator may relinquish to a State all or part of the legislative 
jurisdiction of the United States over lands or interests under the 
control of the Administrator in that State.
  ``(b) For purposes of this section, the term `State' means any of the 
several States, the District of Columbia, the Commonwealth of Puerto 
Rico, the United States Virgin Islands, Guam, American Samoa, the 
Northern Mariana Islands, and any other commonwealth, territory, or 
possession of the United States.''.

SEC. 702. EXTENSION OF INDEMNIFICATION.

  Section 309 of the National Aeronautics and Space Act of 1958 (42 
U.S.C. 458c) is amended in subsection (f)(1) by striking ``December 31, 
2002'' through ``September 30, 2005'' and inserting, ``December 31, 
2010, except that the Administrator may extend the termination date to 
a date not later than September 30, 2015, if the Administrator has 
entered into an arrangement with the National Academy of Public 
Administration to determine the impact on private parties and the 
Federal Government of eliminating this section''.

SEC. 703. NASA SCHOLARSHIPS.

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

SEC. 704. INDEPENDENT COST ANALYSIS.

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

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

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

                  TITLE VIII--INDEPENDENT COMMISSIONS

SEC. 1. DEFINITIONS.

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

 Subtitle A--International Space Station Independent Safety Commission

SEC. 811. ESTABLISHMENT OF COMMISSION.

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

SEC. 812. TASKS OF THE COMMISSION.

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

SEC. 813. SUNSET.

  The Commission established under this subtitle shall expire not later 
than one year after the date on which the full Commission membership is 
appointed.

  Subtitle B--Human Space Flight Independent Investigation Commission

SEC. 821. ESTABLISHMENT OF COMMISSION.

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

SEC. 822. TASKS OF THE COMMISSION.

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

         Subtitle C--Organization and Operation of Commissions

SEC. 831. COMPOSITION OF COMMISSIONS.

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

SEC. 832. POWERS OF COMMISSION.

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

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

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

SEC. 834. STAFF OF COMMISSION.

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

SEC. 835. COMPENSATION AND TRAVEL EXPENSES.

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

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

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

SEC. 837. REPORTING REQUIREMENTS AND TERMINATION.

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

                        II. Purpose of the Bill

    The purpose of H.R. 3070, the National Aeronautics and 
Space Administration Act of 2005, is to reauthorize the human 
space flight, aeronautics, and science programs of the National 
Aeronautics and Space Administration (NASA).

              III. Background and Need for the Legislation

    NASA is at a pivotal point in its history, particularly 
with regard to the future of its human space flight program. 
For several years, the human space flight program has lacked a 
clear vision and concrete set of long-term goals. The tragic 
demise of the Space Shuttle Columbia on February 1, 2003 served 
as a catalyst for a thorough review of the agency's long-term 
goals for human space flight. This review resulted in a major 
policy announcement by the President on January 14, 2004 in 
which he proposed to send American astronauts back to the Moon 
and on to Mars, as well as to other destinations.
    The Congress, as a whole, has yet to fully debate the 
merits of the proposed policy and the balance it must strike 
with other key agency missions, such as aeronautics, space 
science, and earth science. Clearly, such a significant 
proposal requires close examination by the Congress. H.R. 3070 
provides the legislative vehicle to examine and debate the 
future of NASA and to set the policies and plans at this 
pivotal time.
    Since 2002, NASA has been operating without an 
authorization. The last NASA authorization bill that was 
enacted into law was on October 30, 2000 as Public Law 106-391, 
the National Aeronautics and Space Administration Act of 2000. 
That Act authorized funding for NASA through fiscal year 2002.

                        IV. Summary of Hearings

    Over the past four years the Committee on Science and its 
Subcommittee on Space and Aeronautics have held numerous 
hearings on nearly every major aspect of NASA's programs. A 
listing of those hearings is provided below.
          April 3, 2001, ``Vision 2001: Future Space.'' 
        (Subcommittee)
          April 4, 2001, ``Space Station Cost Overruns.''
          May 2, 2001, ``NASA Posture.'' (Subcommittee)
          May 15, 2001, ``The Aerospace Industrial Base.'' 
        (Subcommittee)
          June 20, 2001, ``Space Launch Initiative: A Program 
        Review.'' (Subcommittee)
          July 19, 2001, ``Developing the Next Generation Air 
        Traffic Management System.'' (Subcommittee)
          October 11, 2001, ``Space Planes and X-Vehicles.'' 
        (Subcommittee)
          November 7, 2001, ``The Space Station Task Force 
        Report.''
          February 27, 2002, ``NASA's Fiscal Year 2003 Budget 
        Request.''
          March 7, 2002, ``A Review of Civil Aeronautics 
        Research and Development.'' (Subcommittee)
          April 18, 2002, ``Space Shuttle and Space Launch 
        Initiative.'' (Subcommittee)
          May 9, 2002, ``NASA Science Priorities.'' 
        (Subcommittee)
          July 18, 2002, ``NASA's Workforce and Management 
        Challenges.'' (Subcommittee)
          October 3, 2002, ``The Threat of Near-Earth 
        Asteroids.'' (Subcommittee)
          March 6, 2003, ``A Review of Aeronautics R&D at FAA 
        and NASA.'' (Subcommittee)
          March 12, 2003, ``The Aerospace Commission Report and 
        NASA Workforce.''
          May 8, 2003, ``NASA's Integrated Space Transportation 
        Plan and Orbital Space Plan Program.'' (Subcommittee)
          June 11, 2003, ``U.S.-Russian Cooperation in Space.'' 
        (Subcommittee)
          September 4, 2003, ``The Columbia Accident 
        Investigation Board Report.''
          October 16, 2003, ``The Future of Human Space 
        Flight.''
          October 29, 2003, ``NASA's Organizational and 
        Management Challenges in the Wake of the Columbia 
        Disaster.''
          February 12, 2004, ``The President's Vision for Space 
        Exploration.''
          March 10, 2004, ``Perspectives on the President's 
        Vision for Space Exploration.''
          March 18, 2004, ``NASA-Department of Defense 
        Cooperation in Space Transportation.'' (Subcommittee)
          April 1, 2004, ``Lunar Science and Resources: Future 
        Options.'' (Subcommittee)
          July 15, 2004, ``Contests and Prizes: How Can They 
        Help Advance Space Exploration?'' (Subcommittee)
          February 2, 2005, ``Options for Hubble Science.''
          February 17, 2005, ``NASA Fiscal Year 2006 Budget 
        Proposal.''
          March 16, 2005, ``The Future of Aeronautics at 
        NASA.'' (Subcommittee)
          April 20, 2005, ``Future Markets in Commercial 
        Space.'' (Subcommittee)
          April 28, 2005, ``NASA Earth Sciences.''
          June 28, 2005, ``The Future of NASA.''

                          V. Committee Actions

    On June 27, 2005, Mr. Calvert and Mr. Boehlert introduced 
H.R. 3070, the National Aeronautics and Space Administration 
Act of 2005. The bill was referred to the Subcommittee on Space 
and Aeronautics.
    On June 29, 2005, the Subcommittee on Space and Aeronautics 
met to consider H.R. 3070. The Subcommittee considered the 
following amendments to the bill:
    1. Mr. Calvert offered a manager's amendment that made a 
number of additions and clarifying changes to the underlying 
bill. The amendment--
           Added a reference to the present era as the 
        ``Second Space Age'' in a finding of the underlying 
        bill that relates to NASA's multiple missions in human 
        space flight, aeronautics and science.
           Added a requirement that the Administrator 
        include a description of the steps NASA will use ``to 
        retain needed employees'' in the human capital strategy 
        required by the underlying bill.
           Struck a provision in the bill requiring 
        NASA to annually report its General and Administrative 
        expenses with the President's budget and creates a new 
        provision requiring NASA to produce such information 
        upon request from the Committee.
           Added a requirement that NASA report in the 
        President's annual budget the amount of unobligated 
        funds carried over from the previous fiscal year. (The 
        underlying bill already required NASA to report its 
        expected unobligated balances both for the fiscal year 
        in which the President's budget is proposed and for the 
        fiscal year covered by the proposed budget.)
           Added a requirement that NASA report to the 
        Committee on ``the extent to which the Crew Exploration 
        Vehicle will allow for the escape of the crew in the 
        event of an emergency.''
           Allows NASA to begin to carry out the 
        ``national awareness campaign'' (which the FY06 House 
        Science, State, Justice and Commerce Appropriations 
        bill directed NASA to undertake) before NASA completes 
        a report describing how NASA plans to carry out the 
        campaign, as required by the underlying bill, so long 
        as NASA first notifies the Committee of actions it 
        takes.
           Added a requirement that the Office of 
        Science and Technology Policy (OSTP) include a list of 
        all the R&D programs of Federal agencies other than 
        NASA that OSTP will have reviewed in conducting a study 
        that the underlying bill requires to determine whether 
        NASA's research programs are duplicative of those in 
        other agencies or neglectful of any related national 
        needs.
    The amendment was adopted by a voice vote.
    2. Ms. Jackson Lee offered an amendment requiring NASA to 
provide budget information on its safety program. This 
amendment was adopted by a voice vote.
    The motion to adopt the bill as amended was approved by the 
Subcommittee by a roll call vote, with 10 voting in favor and 6 
voting present. Mr. McCaul moved that the Subcommittee 
favorably report the bill, H.R. 3070, as amended, to the Full 
Committee. The motion was approved by a roll call vote, with 10 
voting in favor and 6 voting present.
    On July 14, 2005, the Committee met to consider H.R. 3070. 
The Committee considered the following amendments:
    1. Mr. Boehlert offered a managers amendment in the nature 
of a substitute, co-sponsored by Mr. Gordon, Mr. Calvert, and 
Mr. Udall. The amendment--
           Authorizes funding for two years, fiscal 
        year 2006 and fiscal year 2007, instead of one year. 
        Creates four budget accounts; specifies funding for 
        each, and calls out specific authorization levels for 
        Aeronautics. For fiscal year 2006, it authorizes $150 
        million for preparation of a Hubble servicing mission.
           Drops language mandating the space shuttle 
        retirement in 2010, leaving the bill silent on the 
        issue.
           Provides more specific direction, but no 
        specific funding level for International Space Station 
        research.
           Endorses a servicing mission for the Hubble 
        Space Telescope.
           Includes language making it more difficult 
        for NASA to transfer money among accounts.
           Adds a Title for aeronautics programs that 
        NASA may consider in establishing a national 
        aeronautics policy.
           Includes the text of H.R. 426, The Remote 
        Sensing Applications Act of 2005, which was passed by 
        the Committee on May 17, 2005.
    The amendment was adopted by a voice vote.
    2. Mr. Rohrabacher offered and withdrew an amendment to 
amend the Iran Nonproliferation Act of 2000.
    3. Mr. Melancon offered and withdrew an amendment to 
provide enhanced-use leasing authority at NASA facilities.
    4. Ms. Jackson Lee offered and withdrew an amendment to 
provide specific funding levels for Historically Black Colleges 
and University education programs.
    5. Ms. Jackson Lee offered and withdrew an amendment to 
establish the Dr. Mae C. Jemison Grant program to work with 
minority serving institutions.
    6. Ms. Jackson Lee offered and withdrew an amendment to 
provide specific funding levels for Hispanic Serving 
Institution education programs.
    7. Mr. Costello offered an amendment that would have 
deleted language in section 705 of H.R. 3070 exempting 
contracts that are inconsistent with obligations under 
international agreements. The amendment was defeated by a roll 
call vote, with 18 voting in favor and 18 voting against.
    8. Mr. Costello offered an amendment to section 705 of H.R. 
3070 requiring NASA to report annually on the contracts 
performed overseas and the amounts of purchases by NASA from 
foreign entities. The amendment was agreed to by voice vote.
    The Chairman's motion to adopt the bill, as amended, was 
agreed to by a roll call vote, with 36 voting in favor and 0 
against. Mr. Gordon moved that the Committee favorably report 
the bill, H.R. 3070, as amended, to the House with the 
recommendation that the bill as amended do pass, and that the 
staff be instructed to make technical and conforming changes to 
the bill as amended and prepare the legislative report and that 
the Chairman take all necessary steps to bring the bill before 
the House for consideration. With a quorum present, the motion 
was agreed to by a voice vote.

        VI. Summary of Major Provisions of the Bill, as Amended

    The major provisions of the legislation are that it:
           Endorses the broad goals of the President's 
        Vision for Space Exploration.
           Authorizes funding for the National 
        Aeronautics and Space Administration for fiscal year 
        2006 and fiscal year 2007. Funding for fiscal year 2006 
        is $16.471 billion, which is approximately $15 million 
        more than the President's request and the same as House 
        Appropriations. For fiscal year 2007, the bill 
        authorizes $16.962 billion, which is the same as the 
        President's request.
           Charges NASA with carrying out a balanced 
        set of programs including programs in human space 
        flight, aeronautics research and development, and 
        scientific research including space science, earth 
        science and microgravity research. It encourages NASA 
        to work with entrepreneurs and to involve other nations 
        to the extent appropriate.
           Directs NASA to strive to ensure the 
        International Space Station will be able to conduct a 
        broad range of research activities, and be accessible 
        by the Crew Exploration Vehicle.
           Directs NASA to strive to: return Americans 
        to the Moon no later than 2020, launch a Crew 
        Exploration Vehicle as close to 2010 as possible, and 
        conduct research on the impacts of space on the human 
        body to enable long-duration space exploration.
           Requires the President, through the 
        Administrator, to develop a national aeronautics policy 
        to guide NASA's aeronautics programs. The report is due 
        with the President's fiscal year 2007 budget request.
           Requires NASA to develop a policy to guide 
        NASA's programs in space and earth science, drawing on 
        the work of the National Academy of Sciences, and 
        requires the agency to prioritize its scientific 
        missions. The report is due with the President's fiscal 
        year 2007 budget request.
           Endorses a Hubble Space Telescope servicing 
        mission.
           Requires NASA to develop a plan for managing 
        its facilities, including a description of any 
        facilities NASA intends to build or no longer to use. 
        The report is due with the President's fiscal year 2008 
        budget request.
           Requires NASA to develop a human capital 
        strategy to ensure that it has a workforce of the 
        appropriate size and with the appropriate skills. It 
        limits NASA's flexibility to reduce its workforce 
        during fiscal year 2006. The report is due with the 
        President's fiscal year 2007 budget request.
           Requires annual reporting on programs 
        costing over $100 million and internal and 
        Congressional reviews of any such program that 
        experiences large cost overruns or schedule delays.
           Urges NASA to use commercial providers to 
        support human missions to the Moon and Mars, to support 
        missions to the International Space Station, and to 
        transfer science research and technology to society.
           Provides NASA the authority to conduct 
        competitions for cash prizes, modeled after the X-Prize 
        won in 2004 by airplane designer Burt Rutan and his 
        SpaceShipOne, to stimulate innovative technology 
        development.
           Requires NASA to report to Congress on its 
        plans in a number of areas, including its strategy for 
        sending humans to the Moon, the costs of the Crew 
        Exploration Vehicle, a plan for updating the U.S. 
        system of space communications and satellites, and a 
        plan for helping NASA's Shuttle workforce make the 
        transition to other jobs.
           The legislation includes several additional 
        provisions, including an extension of NASA's 
        indemnification authority, programs addressing near-
        Earth asteroids and comets, and a requirement for 
        better coordination between NASA and the National 
        Oceanic and Atmospheric Administration (NOAA) on earth 
        science missions.

        VII. Section-by-Section Analysis of the Bill, as Amended


Sec. 1. Short title

    The ``National Aeronautics and Space Administration 
Authorization Act of 2005.''

Sec. 2. Findings

    Urges the National Aeronautics and Space Administration 
(NASA) to maintain robust programs in space science, earth 
science, and aeronautics while it moves forward with plans to 
send Americans to the Moon, Mars, and beyond.

Sec. 3. Definitions

                TITLE I--GENERAL PRINCIPLES AND REPORTS


Sec. 101. Responsibilities, policies, and plans

    Charges NASA with carrying out a balanced set of programs 
including programs in human space flight, aeronautics research 
and development, and scientific research including space and 
earth science and microgravity. Encourages NASA to work with 
entrepreneurs, use commercial services to the extent 
practicable, and to involve other nations to the extent 
appropriate.
    Directs NASA to carry out the Vision for Space Exploration 
by striving to: return Americans to the Moon no later than 
2020, launch a Crew Exploration Vehicle (CEV) as close to 2010 
as possible, and conduct research on the impacts of space on 
the human body to enable long-duration space exploration.
    Requires the President, through the Administrator, to 
develop a national aeronautics policy to guide NASA's 
aeronautics programs through 2020, taking into account several 
priority areas. Directs the policy be delivered to Congress 
with the fiscal year (FY) 2007 budget request.
    Requires NASA to develop a policy to guide agency space and 
earth science programs through 2016. Requires the policy to 
prioritize the agency's scientific missions and address NASA's 
plans on servicing the Hubble Space Telescope. Directs the 
policy be delivered to Congress with the FY 2007 budget 
request.
    Requires NASA to develop a plan for managing its 
facilities, including a description of any facilities NASA 
intends to build or no longer to use. Directs the plan be 
delivered to Congress with the FY 2008 budget request.
    Requires NASA to develop a human capital strategy to retain 
needed employees and ensure that it has a workforce of the 
appropriate size and with the appropriate skills to carry out 
programs and policies of this Act. Limits NASA's flexibility in 
initiating buyouts or Reductions in Force until 60 days after 
the plan is submitted with the President's budget for FY 2007, 
and prohibits any final action on Reduction in Force or other 
involuntary separations prior to October 1, 2006.
    Requires NASA to conduct a study evaluating whether any of 
its centers should be operated by or with the private sector. 
Directs the study be delivered to Congress by May 31, 2006.
    Directs the President's budget for NASA to include 
documents showing the requests for human space flight, 
aeronautics, space science, earth science, safety, microgravity 
science, education, technology transfer programs, and 
comparable figures for each activity for each of the two 
previous fiscal years and directs that documents be available 
on administrative expenses.
    Requires the Office of Science and Technology Policy (OSTP) 
to commission an independent review of the Nation's long-term 
strategic needs for test facilities, and prohibits the closure 
or mothballing of any facility identified in the 2003 RAND 
Corporation study entitled ``Wind Tunnels and Propulsion Test 
Facilities: An Assessment of NASA's Capabilities to Serve 
National Needs,'' as well as any test facilities in use as of 
January 1, 2004 until the report is delivered to Congress.

Sec. 102. Reports

    Requires NASA to report certain details regarding the 
Vision for Space Exploration and other NASA programs by the end 
of FY 2005.
    Requires NASA to report estimated costs of the CEV and the 
impact of those costs, and potential cost increases, on other 
agency programs through 2020.
    Requires NASA to report its plans for updating the system 
of space communications and architecture to carry out lunar and 
deep space missions.
    Requires NASA to submit a report to Congress describing its 
plans to carry out the ``awareness campaign'' required by the 
report accompanying the FY 2006 House Science, State, Justice, 
and Commerce Appropriations Bill.
    Requires NASA to develop a transition plan for government 
and contractor personnel engaged in the Space Shuttle program.
    Requires NASA and the Department of Energy jointly to 
describe their plans to develop a proposed astronomy research 
mission to study dark energy.
    Requires the Director of OSTP to conduct a study to 
evaluate whether any research NASA conducts is unnecessarily 
duplicating aspects of programs of other Federal agencies or 
whether it is neglecting areas of research in the national 
interest related to NASA's mission.

Sec. 103. Baselines and cost controls

    Requires NASA to report annually on the status (including 
cost, schedule and performance) of ``major'' programs. Requires 
notification to Congress and an internal evaluation in the 
event that any major program exceeds its originally estimated 
development cost by more than 15 percent or exceeds its 
originally planned schedule by more than six months. Requires 
Congress to evaluate whether to continue the major program in 
the event that it exceeds its originally estimated development 
cost by more than 30 percent or $1 billion. Defines major 
programs as those with life-cycle costs of over $100,000,000.

Sec. 104. Prize authority

    Authorizes NASA to conduct competitions for cash prizes, 
modeled after the X-Prize won in 2004 by famed airplane 
designer Burt Rutan and his SpaceShipOne, to stimulate 
innovation in basic and applied research, technology 
development, and prototype demonstration that have the 
potential for application to the performance of NASA's space 
and aeronautical activities. Gives NASA the authority to accept 
private funds and funds from other agencies for cash prizes. 
Does not limit the amount of a prize, but requires NASA first 
to report to the Congress before offering any prize worth more 
than $10,000,000.

Sec. 105. Foreign launch vehicles

    Requires NASA to launch missions on foreign launch vehicles 
only in accordance with the President's Space Transportation 
Policy, announced December 21, 2004. Grandfathers in any 
mission for which any development has begun prior to the date 
of enactment, including the James Webb Space Telescope.

Sec. 106. Safety management

    Amends Sec. 6 of the National Aeronautics and Space 
Administration Act of 1958 to encourage continued compliance 
with the Columbia Accident Investigation Board (CAIB) 
recommendations and to require an annual report, including in 
the first year's report an evaluation of NASA's safety 
management culture.

Sec. 107. Lessons learned and best practices

    Requires NASA to provide an implementation plan within 180 
days of enactment describing NASA's approach for sharing 
lessons learned and best practices among its major programs and 
projects. Additionally, requires NASA to provide incentives for 
sharing and implementing lessons learned and best practices 
within the agency.

Sec. 108. Commercialization plan

    Directs NASA, in consultation with other appropriate 
agencies, to develop a commercialization plan within 180 days 
of enactment to support human missions to the Moon and Mars, 
low earth orbit activities, Earth science missions and 
applications, and transfer of science research and technology 
to society.

Sec. 109. Study on the feasibility of use of ground source heat pumps

    Directs NASA to conduct a feasibility study on the use of 
ground-source heat pumps for energy conservation in future NASA 
facilities or major renovations of existing facilities.

               TITLE II--AUTHORIZATION OF APPROPRIATIONS


Sec. 201. Structure of budgetary accounts

    Amends Sec. 313 of the National Aeronautics and Space Act 
of 1958 such that, starting in FY07, appropriations shall be 
made in four accounts: `Science, Aeronautics, and Education', 
`Exploration Systems', `Space Operations', and `Inspector 
General'.

Sec. 202. Fiscal year 2006

    Authorizes NASA at $16,471,050,000 for FY06, the same 
amount provided in the House Science, State, Justice and 
Commerce Appropriations Bill for FY 2005 (approximately $15 
million above the President's FY 2006 request).
    The Authorization includes the following breakdown:
          Science, Aeronautics and Education: $6,870,250,000, 
        of which $962,000,000 for Aeronautics; $150,000,000 for 
        a Hubble Space Telescope Servicing Mission; and 
        $24,000,000 for the Space Grant program;
          Exploration Systems: $3,181,000,000;
          Space Operations: $6,387,300,000;
          Inspector General: $32,400,000.

Sec. 203. Fiscal year 2007

    Authorizes NASA at $16,962,000,000 for FY07, the same as 
the President's Budget Request for FY07.
    The Authorization includes the following breakdown:
          Science, Aeronautics and Education: $7,331,600,000, 
        of which $990,000,000 for Aeronautics; $24,000,000 for 
        the Space Grant program;
          Exploration Systems: $3,589,200,000;
          Space Operations: $6,007,700,000;
          Inspector General: $33,500,000.

Sec. 204. ISS research

    Requires NASA to allocate at least 15 percent of the funds 
obligated for research aboard the International Space Station 
(ISS) to research not directly related to the human exploration 
program.

Sec. 205. Test facilities

    Requires NASA to establish a policy of charging users of 
NASA test facilities a competitive price for the costs 
associated with their use, and as a general rule not to seek to 
recover the full cost of the facilities operation. Requires 
Congressional notice if the Administrator decides to seek full 
cost for the use of a facility. Directs NASA to establish a 
funding account for test facilities.

Sec. 206. Proportionality

    Specifies that if the total amounts appropriated pursuant 
to Sec. 202 and 203 are less than the amounts authorized in 
those sections, the amounts authorized for each of the accounts 
specified in sections 202 and 203 will be reduced 
proportionally.

Sec. 207. Limitations on authority

    Requires the Administrator to give 30 days notice to 
Congress before NASA funds a program in excess of the amount 
authorized for the program in Sec. 202 or 203.

Sec. 208. Notice of reprogramming

    Requires that any reprogramming action that requires notice 
to the Appropriations Committees, also require notice to the 
House Science Committee and the Senate Commerce, Science and 
Transportation Committee.

Sec. 209. Cost overruns

    Requires NASA to protect funds intended for fundamental and 
applied Research and Analysis when reprogramming funds to cover 
unexpected cost growth within a program.

Sec. 210. Official representational fund

    Limits the amount of funds to be used for receptions and 
representational expenses to $35,000 in any fiscal year.

Sec. 211. International Space Station cap

    Repeals the cost cap on the ISS enacted in the NASA 
Authorization Act of 2000.

                           TITLE III--SCIENCE


                     Subtitle A--General Provisions


Sec. 301. Performance assessments

    Requires the National Academy of Sciences to evaluate the 
performance of each discipline within NASA within six fiscal 
years and every five years thereafter.

Sec. 302. Status report on Hubble space telescope mission

    Requires the Administrator to determine, upon completion of 
the second shuttle flight after return to flight, the schedule 
for a Hubble servicing mission, unless such a mission would 
compromise astronaut safety. Also requires a report on the 
status of the Hubble Servicing mission to be submitted not 
later than 60 days after the landing of the second Shuttle 
flight.

Sec. 303. Independent assessment of Landsat-NPOESS integrated mission

    Requires the Administrator to seek an independent 
assessment of the costs and risks associated with incorporating 
the Landsat instrument on the first National Polar Orbiting 
Environmental Satellite System. Also requires that the 
Administrator transmit the assessment to Congress within 180 
days of enactment.

Sec. 304. Assessment of science mission extensions

    Directs the Administrator to carry out annual reviews 
within each of the science disciplines to assess the cost and 
benefits of extending the termination date for those missions 
that are beyond their originally scheduled termination dates. 
Requires that a termination review be held within 60 days of 
enactment for certain specified missions (i.e., FAST, TIMED, 
Cluster, Wind, Geotail, Polar, TRACE, Ulysses, and Voyager) and 
requires that a report on the results of specified reviews be 
transmitted to Congress within 30 days of completion. Also 
requires that for missions with an operational component, NASA 
consult with the National Oceanic and Atmospheric 
Administration (NOAA) and take the operational benefits into 
account.

Sec. 305. Microgravity research

    Requires NASA to carry out, to the maximum extent 
practicable, basic, applied, and commercial research aboard the 
ISS. Requires the Administrator to transmit to Congress, not 
later than 60 days after enactment, an assessment of 
microgravity research planned for the ISS.

Sec. 306. Coordination with the National Oceanic and Atmospheric 
        Administration

    Requires NASA and NOAA to appoint a Joint Working Group to 
coordinate each agency's earth science activities. Requires the 
two agencies to evaluate NASA's earth science missions for 
their potential applicability to NOAA's mission and to prepare 
a transition plan for those found to have potential 
applicability. Prohibits the transfer of any Earth science 
mission from NASA to NOAA until the mission's transition plan 
has been approved by both agencies and funds are identified in 
NOAA's budget. Requires an annual report to Congress from NASA 
and NOAA on how the earth science activities of each agency 
will be coordinated in the coming fiscal year.

                       Subtitle B--Remote Sensing


Sec. 311. Definitions

    Defines several terms used throughout the bill. Defines the 
term `geospatial information' to mean knowledge of the nature 
and distribution of physical and cultural features on the 
landscape based on analysis of data from airborne or space 
borne platforms or other types and sources of data.

Sec. 312. Pilot projects to encourage public sector applications

    Directs the Administrator to establish a program of 
competitively awarded grants for pilot projects to explore the 
integrated use of sources of remote sensing and other 
geospatial information to address State, local, regional, and 
tribal agency needs. Specifies certain preferences in awarding 
such grants, to include making use of commercial data sets, 
including high resolution commercial satellite imagery and 
derived satellite data products, existing public data sets 
where commercial data sets are not available or applicable, or 
the fusion of such data sets. Directs NASA to seek 
opportunities to assist in the development of commercial 
applications and to assist State, local, regional, and tribal 
agencies in applying these technologies for growth management 
and wildland fire observation. Restricts assistance for such 
pilot projects to no more than 3 years. Requires each recipient 
of such a grant to report to NASA on the results of the pilot 
project and conduct a workshop for potential users to 
disseminate lessons learned from the project. Authorizes the 
Administrator to issue regulations for the conduct of the pilot 
projects.

Sec. 313. Program evaluation

    Directs the Administrator to establish an advisory 
committee to monitor the program established under Sec. 312. 
Directs the Administrator to transmit to the Congress an 
evaluation of the program established under Sec. 312 by an 
independent entity no later than December 31, 2009.

Sec. 314. Data availability

    Directs the NASA Administrator to ensure that the results 
of each of the pilot projects completed under Sec. 312 are 
retrievable through an electronic, Internet-accessible 
database.

Sec. 315. Education

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

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


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

    Directs the Administrator of NASA to establish a Near-Earth 
Object (NEO) Survey program to detect, track, catalogue, and 
characterize the physical characteristics of NEOs equal to or 
greater than 100 meters in diameter in order to assess the 
threat of such NEOs to the Earth. Amends the National 
Aeronautics and Space Act of 1958 to include a Congressional 
declaration that the general welfare and security of the United 
States require that the unique competence of NASA in science 
and engineering systems be directed to detecting, tracking, 
cataloguing, and characterizing NEOs in order to provide 
warning and mitigation of the potential hazard of such NEOs to 
the Earth. Requires the Administrator to submit each year for 
the next five years a report summarizing the activities the 
Administrator takes with regard to the NEO Survey program and a 
summary of expenditures, and a plan and budget request for the 
program.

                         TITLE IV--AERONAUTICS


Sec. 401. Definitions

    Defines the term ``institution of higher education'' as 
having the meaning given that term by section 101 of the Higher 
Education Act of 1965 (20 U.S.C. 1001).

Sec. 411. Policy

    Reaffirms that Aeronautics is a core mission of NASA.

     Subtitle B--NASA Aeronautics Breakthrough Research Initiatives


Sec. 421. Environmental aircraft research and development initiative

    Permits the Administrator to establish an initiative with 
the objective of developing, and demonstrating in a relevant 
environment, technologies to enable commercial aircraft not to 
exceed ambient noise levels in the vicinity of airports, to 
consume 25 percent less fuel for medium to long-range flights, 
and to produce 50 percent fewer nitrogen oxides on takeoff and 
landing.

Sec. 422. Civil supersonic transport research and development 
        initiative

    Permits the Administrator to establish an initiative with 
the objective of developing, and demonstrating in a relevant 
environment, technologies to enable overland flight of 
supersonic civil transport aircraft that do not exceed 
community standards for noise or emission regulations likely to 
exist at the time of the aircraft's operation.

Sec. 423. Rotorcraft and other runway-independent air vehicles research 
        and development initiative

    Permits the Administrator to establish an initiative with 
the objective of developing, and demonstrating in a relevant 
environment, technologies to enable significantly safer, 
quieter and more environmentally compatible operation of 
rotorcraft and other runway-independent air vehicles.

 Subtitle C--Other NASA Aeronautics Research and Development Activities


Sec. 431. Fundamental research and technology base program

    Requires the Administrator to establish a program of long-
term fundamental research in aeronautical sciences and 
technologies that is not tied to specific development projects.

Sec. 432. Airspace systems research

    Requires the Administrator to pursue research and 
development to enable revolutionary improvements to and 
modernization of the National Airspace System.

Sec. 433. Aviation safety and security research

    Requires that NASA's Aviation Safety and Security Research 
program pursue research and development activities that 
directly address the safety and security needs of the National 
Airspace System and the aircraft that fly in it.

Sec. 434. Zero-emissions aircraft research

    Permits the Administrator to establish a research program 
with the objective of developing test concepts to enable a 
hydrogen fuel cell-powered aircraft that would emit no 
hydrocarbons or nitrogen oxides.

Sec. 435. Mars aircraft research

    Permits the Administrator to establish a project with the 
objective of developing and testing concepts for an uncrewed 
aircraft that could operate for sustained periods in the 
atmosphere of Mars.

Sec. 436. Hypersonics research

    Permits the Administrator to establish a research program 
with the objective of exploring the science and technology of 
hypersonic flight using air-breathing propulsion concepts.

Sec. 437. NASA aeronautics scholarships

    Requires the Administrator to establish a program of 
scholarships for full-time graduate students who are U.S. 
citizens in accredited Masters degree programs in aeronautical 
engineering at institutions of higher education.

Sec. 438. Aviation weather research

    Permits the Administrator to carry out a collaborative 
research program with NOAA on convective weather events with 
the goal of significantly improving the reliability of two-hour 
to six-hour aviation weather forecasts.

Sec. 439. Assessment of wake turbulence research and development 
        program

    Requires the Administrator to enter into an arrangement 
with the National Research Council of the National Academy of 
Sciences for an assessment of Federal wake turbulence research 
and development programs.

Sec. 440. University-based centers for research on aviation training

    Permits the Administrator to award grants to institutions 
of higher education to establish one or more centers for 
research on aviation training to investigate the impact of new 
technologies and procedures on training requirements for pilots 
and air traffic controllers.

                      TITLE V--HUMAN SPACE FLIGHT


Sec. 501. International Space Station completion

    Requires NASA to ensure that the ISS is capable of diverse 
microgravity research, supporting a crew of 6 persons, and 
supporting the docking of the CEV as well as other needed 
vehicles. Requires NASA to report to Congress on contingency 
plans for the ISS during periods for which the Shuttle or other 
systems are not available.

Sec. 502. Human exploration priorities

    Requires NASA to construct an architecture and 
implementation plan for human exploration that establishes 
relative priorities for each potential element of the plan. 
Establishes that the top three priorities of the human 
exploration program shall be the development of this 
architecture, the development of a CEV, and a CEV launch 
vehicle.

Sec. 503. GAO assessment

    Requires the Comptroller General to conduct an assessment 
of the milestones and estimated costs of the lunar exploration 
architecture plan. The Act requires NASA to submit to Congress 
under Sec. 102, and to report the results of the assessment to 
Congress within six months of enactment of this Act.

                     TITLE VI--OTHER PROGRAM AREAS


Sec. 601. Orbital debris

    Requires NASA to take steps to develop or acquire 
technologies to enable NASA to reduce the risks associated with 
orbital debris.

Sec. 602. Secondary payload capability

    Encourages NASA to provide the capability to support 
secondary payloads on U.S. launch vehicles for satellites or 
scientific payloads.

                         Subtitle B--Education


Sec. 611. Institutions in NASA's minority institutions program

    Amends Title III of the VA-HUD Appropriations Act of 1990 
(involving NASA establishing a goal of awarding at least 8 
percent of the total value of the agency's contracts to small 
businesses or other organizations owned or controlled by 
socially and economically disadvantaged individuals) to 
specifically include Historically Black Colleges and 
Universities that are Part B institutions, Hispanic-serving 
institutions, Tribal Colleges or Universities, Alaskan Native-
serving institutions, and Native Hawaiian-serving institutions.

Sec. 612. Program to expand distance learning in rural underserved 
        areas

    Encourages NASA to expand educational outreach programs to 
rural communities and schools, and gives priority to schools 
with certain programs.

Sec. 613. Charles ``Pete'' Conrad astronomy awards

    Authorizes the NASA Administrator to establish the Charles 
`Pete' Conrad Astronomy Awards program, make awards under the 
Program based on the recommendations of the Minor Planet 
Center, and make one award annually in each of two categories 
if eligible discoveries or contributions are made. Establishes 
two award categories as follows: (1) an award to the amateur 
astronomer or group of amateur astronomers who in the preceding 
calendar year discovered the intrinsically brightest near-Earth 
asteroid among the near-Earth asteroids that were discovered 
during that year by amateur astronomers or groups of amateur 
astronomers; and (2) the amateur astronomer or group of amateur 
astronomers who made the greatest contribution to the Minor 
Planet Center's mission of cataloguing near-Earth asteroids 
during the preceding year. Limits awards to recipients that are 
U.S. citizens or permanent residents and to amount of no 
greater than $3,000. Establishes that the Administrator's 
decisions in making the awards are final.

Sec. 614. Review of education program

    Requires NASA to arrange with the National Academy of 
Sciences to conduct a review of NASA's education programs 
including funding priorities as well as the quality and 
effectiveness of the program.

Sec. 615. Equal access to NASA's education programs

    Requires the Administrator to strive to ensure equal access 
for minority and economically disadvantaged students to NASA's 
education programs.

                  TITLE VII--MISCELLANEOUS AMENDMENTS


Sec. 701. Retrocession of jurisdiction

    Grants NASA the authority to allow State and local law 
enforcement authorities to enforce speeding, drunk driving, and 
other laws on NASA property, including at NASA's centers.

Sec. 702. Extension of indemnification

    Grants NASA an extension of authority to indemnify 
developers of experimental aerospace vehicles with which NASA 
is involved in a cooperative partnership.

Sec. 703. NASA scholarships

    Makes technical amendments to the NASA Scholarship program.

Sec. 704. Independent cost analysis

    Amends Sec. 301 of the NASA Authorization Act of 2000 by 
increasing the amount a project costs that could trigger an 
independent cost analysis from $150,000,000 to $250,000,000 and 
by requiring the Administrator, rather than the chief financial 
officer, to conduct the independent cost analysis.

Sec. 705. Limitations on off-shore performance of contracts for 
        procurement of goods and services

    Limits contractor performance or contracts for procurement 
of goods and services to domestic entities, consistent with 
U.S. international agreements. Requires NASA to report annually 
on the contracts performed overseas and the amount of purchases 
by NASA from foreign entities.

                  TITLE VIII--INDEPENDENT COMMISSIONS


Sec. 801. Definitions

 Subtitle A--International Space Station Independent Safety Commission


Sec. 811. Establishment of commission

    Requires the President to establish a Commission to assess 
ISS vulnerabilities within 30 days.

Sec. 812. Tasks of the commission

    Requires the Commission to catalogue the threats to the ISS 
and its vulnerabilities, to make recommendations for corrective 
actions, and to prepare a report to the public, the Congress 
and the President within one year of establishment.

Sec. 813. Sunset

    Sunsets the Commission within one year after its 
establishment.

  Subtitle B--Human Space Flight Independent Investigation Commission


Sec. 821. Establishment of commission

    Requires the President to establish a Commission to 
investigate any incident that results in the loss of a space 
shuttle, the ISS, or any other U.S. space vehicle carrying 
humans pursuant to a contract with the federal Government 
within seven days of the incident.

Sec. 822. Tasks of the commission

    Requires the Commission to investigate and determine the 
cause of the incident and all its contributing factors, to make 
recommendations for corrective action, and report to the 
public, the Congress, and the President.

         Subtitle C--Organization and Operation of Commissions


Sec. 831. Composition of commissions

    Requires the Commissions in Subtitles A and B to consist of 
15 members chosen by the President, with four members being 
nominated by the majority and minority of the House and the 
Senate Leadership, and one member being nominated by the 
collective-bargaining organization that includes the largest 
number of NASA engineers.

Sec. 832. Powers of commission

    Establishes that the Commissions in Subtitles A and B may 
hold hearings and take testimony as necessary to carry out 
their charges.

Sec. 833. Public meetings, information, and hearings

    Requires the Commissions in Subtitles A and B to hold 
public hearings to the extent appropriate and release public 
versions of their reports.

Sec. 834. Staff of commission

    Allows the Chairmen of the Commissions in Subtitles A and B 
to appoint and fix the compensation of staff. Allows non-NASA 
detailees and consultants to provide services to the 
Commissions.

Sec. 835. Compensation and travel expenses

    Sets limits for compensation and travel expenses for 
members of the Commissions in Subtitles A and B.

Sec. 836. Security clearances for commission members and staff

    Requires the appropriate Federal Agencies or departments to 
cooperate with the Commissions in Subtitles A and B in 
expeditiously providing appropriate security clearances to the 
extent possible.

Sec. 837. Reporting requirements and termination

    Requires that the Commissions in Subtitles A and B produce 
final reports with all findings, conclusions, and 
recommendations agreed to by the Commissions and any minority 
views and opinions. Requires the Commissions to be terminated 
60 days after the final reports are submitted.

                         VIII. Committee Views


Sec. 101(a)(1). NASA's mission

    The Committee expects NASA to continue to support 
productive programs in human space flight, aeronautics and 
science, including space science, earth science and 
microgravity. While NASA will obviously have to set priorities 
among the many demands in each of those areas, it must continue 
to support robust programs in all of those pursuits. In making 
funding and programmatic decisions, human space flight, 
aeronautics and science programs must each be evaluated on 
their own merits. For that reason, this Act directs NASA to 
move ahead with the President's Vision for Human Space 
Exploration, while coming up with separate ``visions'' to guide 
the other NASA programs. The Committee is pleased with 
Administrator Griffin's commitment to operate NASA as a multi-
mission agency.

Sec. 101(a)(2)(B). Commercial products and services

    The Committee expects NASA to use commercially available 
products and services to the extent practicable to support all 
Administration activities--administrative and office 
activities, as well as mission specific activities where 
commercial products, particularly software products, can be 
adapted to meet NASA's needs relatively easily. Such products 
include a wide range of commercially available engineering 
analysis software and simulation tools to aid in the design, 
testing, planning, and operation of complex aircraft, 
spacecraft, and mission operations.
    The Committee also expects NASA to pursue commercial 
arrangements to purchase crew and cargo transportation services 
both before and after the retirement of the Shuttle. NASA 
should review its policies and procurement strategies to make 
it easier for the agency to enter into commercial arrangements 
for space transportation services. For example, NASA should 
utilize the market offered by the crew and cargo requirements 
for the international space station to encourage commercial 
providers to develop and supply commercial space transportation 
services. Under such an arrangement, rather than NASA entering 
into a prime contract with detailed specifications on how to 
build a vehicle, it would instead specify the performance 
criteria of a set of services that, if met, the government 
would agree to buy at a fixed price. Such an approach 
potentially offers affordable and credible risk mitigation for 
assured access to space.

Sec. 101(a)(2)(C). International cooperation

    The Committee believes that international cooperation is an 
important aspect of NASA's mission. NASA needs to work with the 
space station international partners and should honor its 
agreements with them. Those agreements allow for negotiations. 
The Committee understands that NASA may need to discuss 
potential changes to the configuration of the International 
Space Station (ISS) with the international partners once NASA 
completes its planning for the future of the Shuttle and ISS 
programs.
    The Committee notes that one central aspect of 
international cooperation requires Congressional review. The 
Administration has proposed an amendment to the Iran 
Nonproliferation Act. The Committee intends to address that 
issue in this Act before it is sent to the President.
    The Committee encourages NASA to engage potential partners 
in the Vision for Human Space Exploration as early in the 
planning process as possible.

Sec. 101(c). Aeronautics plan

    The Committee believes a robust civil aeronautics research 
and development program is critical to maintaining U.S. 
leadership in aeronautics and aviation. The Committee is deeply 
troubled by the downward trend over the last decade in funding 
for NASA's aeronautics program and the lack of a clear set of 
goals and priorities. Therefore, it is essential that the 
Administration develop a national aeronautics policy to guide 
government investments in civil aeronautics research so that 
scarce resources may be applied to the highest priority areas.
    In developing the national aeronautics policy, the 
President, acting through the Administrator, should examine the 
needs across the civil and military aeronautics sectors, and to 
establish priority areas of research that NASA should address. 
Title IV of the bill contains several areas of aeronautics 
research that NASA must consider including in the policy. But 
before deciding on any particular area of research, NASA must 
answer fundamental questions about the nature of its 
aeronautics programs, such as whether they should contribute to 
incremental improvements in aviation technology, and what the 
impact will be on industry if they do not.
    As with all the plans and policies required by section 101, 
the Committee expects NASA to consult widely in developing its 
plans. In cases in which the National Academy of Sciences (or 
other groups) have relevant ongoing studies, NASA should draw 
on those efforts. But NASA may not delay the transmittal of the 
reports required by section 101 to wait for the completion of 
another entity's work.
    The Committee understands that NASA will have to update and 
revise the plans and policies required by section 101 in the 
future. By asking for an aeronautics policy that outlines plans 
through 2020, for example, the Committee is not attempting to 
bind NASA to that policy for the next 15 years. But NASA and 
the Congress need a clear understanding of what the outlook is 
for NASA programs to allow for sensible planning and budgeting.

Sec. 101(d). Science plan

    The priority ranking required by this subsection is a 
single ranking of all the missions that NASA lists pursuant to 
paragraph (2)(A), not a ranking categorized by theme or any 
other category.

Sec. 101(h) and (i). Budget submission

    The Committee is extremely disappointed in the lack of 
detail on funding provided in the fiscal year 2006 budget 
justification. NASA is reminded that the primary purpose of 
budget justifications is to provide needed information to the 
Congress, and the documents must provide sufficient detail and 
year-to-year comparability to allow the budget to be analyzed 
meaningfully. This Act does not list every area in which the 
Committee expects better detailed information, but rather 
focuses on areas that are especially critical and/or have been 
especially problematic.
    The Committee expects the budget justifications to provide 
comparable numbers on the prior year, current year, and 
requested funding levels for each program, project or activity 
funded within each division and directorate in each account; 
and detailed information on all proposed changes being 
requested. NASA shall submit to the Committee not later than 
October 15, 2005, a template for its fiscal year 2007 budget 
justification document that complies with this direction.
    The Committee also requests that NASA discontinue the 
practice of including the Integrated Financial Management 
Program (IFMP) within the General and Administrative (G&A) 
portion of the budget. The Committee directs that NASA budget 
for, and manage the IFMP as a program in its own right, and 
provide a breakout of the five-year budget for the IFMP and 
each of its elements as part of the annual budget submission to 
the Congress.
    The Committee is also concerned about the lack of clarity 
regarding amounts of G&A and service pool costs provided in the 
annual budget submission, and how these costs are being charged 
to programs. To facilitate a more complete understanding of 
these costs and how they relate to each other, NASA should be 
prepared to provide the Committee, upon request, with detailed 
information about Corporate G&A, Center G&A, and service pool 
costs. This information should include how much G&A and service 
pool funds are to be spent by each Center and by Headquarters 
and by each Mission Directorate, as well as for the major 
activities included under each category.
    In the budget justification document for fiscal year 2006, 
NASA listed major activities and corresponding budget amounts 
included in Corporate G&A, such as the Chief Information 
Officer and Chief Engineer. However, one of the activities 
listed, ``Headquarters Corporate Activities'' made up over 40 
percent ($373 million) of the total Corporate G&A budget 
without further elaboration. More information about what this 
particular portion of Corporate G&A comprises is necessary. In 
addition, the Committee directs NASA to provide more 
information on the amounts spent for major activities under 
Center G&A and service pools. For example, for Center G&A, NASA 
should be prepared to disclose how much each Center spends on 
maintenance, public affairs, construction of facilities, and 
Center support. Center support would include areas such as 
human resources, security, procurement, and financial 
management.

Sec. 102(a)(9). James Webb Space Telescope

    The Committee was alarmed to learn of the magnitude of the 
projected increase in cost for the James Webb Space Telescope, 
especially since the increase is coming at a relatively early 
stage in the program. The Webb telescope is a top priority for 
the science community and enjoys wide support in Congress and 
with the public, but it still needs to compete against other 
NASA priorities. NASA needs to provide the Committee with a 
comprehensive plan describing how the agency plans to proceed 
with the program. This plan should include an explanation for 
the projected cost increase, a description of the actions being 
taken to address the cost increase, and a baseline for the 
program, including an explanation of any significant changes in 
the technical capabilities of the Webb telescope, as well as a 
revised schedule and projected cost.

Sec. 102(b). Crew Exploration Vehicle (CEV) costs

    Congress needs to understand the full funding implications 
of building the CEV before NASA commits to this major project. 
That statement should not be interpreted as lack of support for 
the CEV, but rather as a recognition of how central CEV 
development will be to NASA's activities and budget in the 
coming years.
    For that reason, before NASA enters into a CEV development 
contract, but after NASA has a good sense of what CEV 
development is likely to cost, NASA must report the expected 
development cost to the Committees of jurisdiction. This is not 
a transmittal of the development contract itself or a detailed 
description of a yet-to-be-signed contract. What the Committees 
are seeking is a realistic estimate for the total cost of the 
program that includes contract costs, government costs and 
reserves.
    Along with the estimate of expected costs, the Act requires 
NASA to calculate two other cost estimates for the CEV based on 
historic experience with cost growth in relevant programs. NASA 
should consult the September 2004 Congressional Budget Office 
report, A Budgetary Analysis of NASA's New Vision for Space 
Exploration, in developing the cost estimates.
    The Act then requires NASA to prepare new ``sand charts'' 
covering the period through 2020 that show the expected figures 
for NASA's primary program areas using each of the CEV cost 
estimates required by this subsection. All three sand charts 
should assume inflationary growth for NASA's total funding 
throughout the period.

Sec. 102(c). Space communications

    The Committee recognizes the vital role that space 
communications play in current space operations for NASA, as 
well as other federal agencies, and the role space 
communications will play in future science and exploration 
missions. The Committee is concerned that NASA has not 
adequately funded plans to continue to support its users, 
particularly users of the Tracking and Data Relay Satellite 
System and the Deep Space Network. Without sufficient planning 
and investment NASA could find itself with limited capabilities 
that will not meet critical mission needs. Therefore, NASA, in 
consultation with relevant federal agencies, must develop and 
implement a long-term plan to meet all projected requirements 
for its space communications.

Sec. 102(e). Joint Dark Energy Mission

    Within the last four years the discovery of dark energy has 
stirred tremendous excitement in the science community, yet, 
very little is known about this mysterious phenomenon. The 
Committee understands that the Department of Energy and NASA 
have been collaborating on concepts for a Joint Dark Energy 
Mission (JDEM). However, the Committee has received 
inconsistent and conflicting information regarding plans for 
JDEM. While this Act does not require the JDEM mission to be 
undertaken, the Committee encourages the mission because of its 
enormous scientific potential. The Act requires the Department 
of Energy and NASA to jointly submit a single report describing 
the status of JDEM.

Sec. 103. Baselines and cost controls

    Section 103 is designed to help both NASA and Congress spot 
potential cost growth and schedule problems early in the 
development phase of a major program. The provision is not 
intended to discourage risk taking, but is meant to encourage 
managers to identify risks as early as possible when they are 
more readily managed and solutions are more easily implemented.
    Under the Act, a Baseline Report is required whenever a 
major program completes the required reviews and is approved to 
proceed to implementation, as defined in NASA Procedural 
Requirement (NPR) 7120.5C, dated March 22, 2005. After the 
Baseline Report, the Act requires NASA to report on a major 
program through an Annual Report, which is to be provided as 
part of the annual agency budget submittal to the Congress, 
until the major program enters operation. For flight systems 
and ground support projects Major Program Annual Reports would 
be due during Phase C and D implementation, as defined in NPR 
7120.5C, dated March 22, 2005.
    The legislation defines development to be the phase of a 
program following the formulation phase and beginning with the 
approval to proceed to implementation and ending with the 
achievement of operational readiness. Therefore, in general, 
the provision does not apply to programs that are in the 
formulation phase or operational. However, programs that are in 
the formulation phase at the time of enactment that have 
contracts already in place that include the development phase, 
such as the James Webb Space Telescope, must submit a Baseline 
Report and subsequent Major Program Annual Reports in the same 
manner and timing as those that have already entered into 
development. NASA should notify the Committee as soon as 
possible following enactment of this Act of any other programs 
in the formulation phase that have contracts in place that 
cover any part of the development phase.
    The provision defines a ``major program'' as an activity 
with a life-cycle cost estimate greater than $100 million. Such 
major activities include many of NASA's traditional space and 
ground system programs, but would also include major mission 
support programs, such as the Integrated Financial Management 
Program, and major facility construction projects if the total 
cost is greater than $100 million. The Committee expects that 
NASA will provide individual Baseline Reports and Major Program 
Annual Reports and not lump separate development programs 
together into a single program for reporting purposes under 
this provision. For example, NASA must not aggregate all of the 
Mars missions together as one Mars program. The individual Mars 
missions are separate development projects and should be 
reported as such. This same philosophy of reporting should be 
carried out across the agency's programs.
    In the case of the International Space Station, the 
Committee directs NASA to submit a Baseline Report and annual 
updates because space station assembly is not yet complete and 
has not yet achieved full operational readiness. In the case of 
the Space Shuttle, the Committee does not require a Baseline 
Report or annual updates for the program as a whole, but would 
expect that such reports would be submitted for those 
development projects or upgrades that are undertaken as part of 
the Space Shuttle program that meet the spending threshold for 
a ``major program.''

Sec. 104. Prizes

    The Committee encourages NASA to spur technology 
development through the offering of prizes. Any prize program 
must be conducted in accordance with this Act. NASA must work 
to ensure that nothing about a contest--the way the technology 
or activity is described, the way winners will be judged, the 
judges themselves--introduces a bias.
    The Act makes clear that no prize competition can be 
announced until the full amount of the announced prize is in 
hand, whether from Federal appropriations or outside funds or 
both. NASA may subsequently increase the announced size of the 
prize, but again only if the additional amount is in hand. NASA 
may accept private contributions toward a prize, but must make 
sure that there is no quid pro quo, real or apparent, with 
regard to private contributions, and that the contribution will 
not raise conflict of interest issues either in the prize 
program or any other NASA program.
    The Act makes clear that funds appropriated for the prize 
competition are ``no year'' funds. Such funds are absolutely 
unavailable for any other purpose and may not be reprogrammed 
until at least 10 years have elapsed from the initial 
appropriation. Any funds reprogrammed after 10 years would be 
available for only two years after the reprogramming (like 
other NASA funds).
    Under the Act, federal employees may participate in prize 
competitions in the same fashion as any other eligible party as 
long as they are not acting within the scope of their federal 
employment, and are abiding by all applicable Federal 
regulations regarding outside activities.

Sec. 105. Use of foreign launch vehicles

    The Committee was very disturbed by the way NASA handled 
the use of a foreign launch vehicle, the European Ariane, for 
the James Webb Space Telescope. In that case, NASA basically 
assumed in its planning that the Ariane would be used for the 
Webb, and then sought approval for the rocket's use at a point 
when a disapproval would have created significant problems for 
the mission.
    While the Committee recognizes the importance and the 
benefits of international cooperation, such cooperation should 
not be pursued by waiting until it is too late or too costly 
for the interagency coordination process to materially inform 
the final decision. The Committee expects NASA to initiate the 
interagency coordination process as early in the program as 
possible. Further, the Committee directs that NASA include 
funds for a U.S. launch vehicle in its budget for any program 
contemplating the use of a foreign launch vehicle until final 
approval to use a foreign launch vehicle has been granted.

Sec. 106. Safety management

    The Committee acknowledges the outstanding work of the 
Columbia Accident Investigation Board (CAIB), headed by retired 
Admiral Harold W. Gehman, Jr., in evaluating both the proximate 
cause of the Columbia accident, as well as the management and 
organizational causes that contributed to the accident. The 
Committee also appreciates the excellent work and persistence 
of the Stafford-Covey Return to Flight Task Group in evaluating 
NASA's compliance with the CAIB recommendations. Included in 
those recommendations are management and organizational changes 
designed to improve overall system safety through increased 
emphasis on technical rigor and independent lines of 
communication in management reporting.
    Many of the CAIB recommendations go beyond fixing the 
proximate cause of the Columbia accident, and will require 
ongoing evaluation and oversight. Indeed, NASA has decided to 
have the new Independent Technical Authority work on projects 
agency-wide, and the Committee applauds that decision. The 
Committee is therefore increasing the role of the Aerospace 
Safety Advisory Panel to include continuing evaluation of 
NASA's compliance with the CAIB's return-to-flight and 
continue-to-fly recommendations.

Sec. 201. Budgetary structure

    The Act establishes a budgetary structure for NASA for 
fiscal year 2007 and thereafter that consists of the following 
four appropriation accounts: ``Science, Aeronautics, and 
Education,'' ``Exploration Systems,'' ``Space Operations,'' and 
``Inspector General''.
    The Science, Aeronautics, and Education appropriation 
account shall include all of the programs in the current 
Science (including both space science and earth science), 
Aeronautics, and Education lines proposed in the fiscal year 
2006 request, except that the Robotic Lunar Exploration Program 
shall be transferred to the Exploration Systems appropriation 
account, as NASA has proposed.
    The Exploration Systems appropriation account shall include 
all programs currently in the Exploration Systems line in the 
fiscal year 2006 budget request, as well as the Robotic Lunar 
Exploration Program, the Space and Flight Support line and the 
ISS Crew and Cargo services line, which are transferred from 
the Space Operations account.
    The Space Operations appropriation account shall consist of 
the International Space Station and Space Shuttle programs 
only.

Secs. 202 and 203. Authorizations

    The Act authorizes $6,870,200,000 for fiscal year 2006 for 
Science, Aeronautics and Education, which includes $962,000,000 
for aeronautics, an increase of $109,700,000 over the request, 
but flat funding with fiscal year 2005, based on the most 
recent Operating Plan. The account also includes $150,000,000 
for a Hubble servicing mission, which was not included in the 
request. And the account includes $24,000,000 for the Space 
Grant College and Fellowship Program. The Act does not specify 
how money should be allocated within the account beyond those 
breakouts. In calculating the authorization levels in the 
account for fiscal year 2006, the Committee assumed that money 
would be needed above the requested level to begin addressing 
projected cost increases for the Webb Space Telescope, as well 
as to provide additional funding to restore the Glory mission 
as suggested in the report accompanying the House appropriation 
for NASA.
    For fiscal year 2007, the bill provides $7,331,600,000. 
Again the Act does not specify breakdowns beyond those in 
subparagraphs (A) and (B). The Committee's assumptions included 
providing funding above the requested level for a Hubble 
servicing mission, the Webb Space Telescope, Glory and the 
Global Precipitation Mission.
    The Act does not provide any breakdown of funding within 
the Exploration Systems account because NASA is still 
determining the details and funding for the programs in that 
account. The Act makes clear that development of the CEV is the 
highest priority in the account. The Committee believes that 
nuclear power may eventually be required for long duration 
human missions on the surface of the Moon, but is not critical 
to returning humans to the Moon by 2020.
    The Committee, therefore, believes that Project Prometheus 
is a lower priority for the near-term than technologies 
necessary to return to the Moon.
    The authorizations for Space Operations (which includes 
only Space Shuttle and ISS funding) and the Inspector General 
are at the requested levels.
    The Committee supports the Administrator's general 
philosophy of handling budget shortfalls by cutting or 
eliminating lower-priority programs rather than reducing all 
programs. As the CAIB pointed out, for too long, NASA and the 
Congress have attempted to do too much within a constrained 
NASA budget.

Sec. 205. Test facilities

    The Committee is concerned that NASA's implementation of 
full cost accounting to calculate charges for use of its 
facilities, including wind tunnels and other testing 
facilities, has driven many traditional commercial customers to 
overseas facilities. The Committee strongly believes that the 
current full cost pricing policy is counterproductive to U.S. 
interests. Therefore, the Committee directs NASA to adopt a 
pricing policy that is competitive, and to establish a test 
facilities funding account that the agency can use to 
supplement receipts from commercial and other users.

Sec. 206. Proportionality

    This section includes standard authorizing language 
describing how to calculate the authorization levels in the 
paragraphs and subparagraphs in sections 202 and 203, if 
appropriated levels for the agency as a whole are lower than 
authorized. The recalculated authorization levels are the ones 
on which the limitation in section 207 would apply.

Secs. 207 and 208. Operating plans

    In keeping with these sections, the Committee directs NASA 
to transmit any Operating Plan to the authorizing Committees at 
the same time as the transmittal to the appropriations 
Committees.

Sec. 301. Performance assessments

    The Committee intends the term ``discipline'' to mean 
astronomy and astrophysics, planetary and lunar exploration, 
solar and space physics, earth science, microgravity research, 
space biology and medicine, and the origins and evolution of 
life.

Sec. 302. Hubble Space Telescope

    The Hubble Space Telescope is a national treasure. The 
Committee concurs with the Administrator's decision to move 
forward with the planning of a Hubble servicing mission while 
waiting until completion of the two space shuttle test flights 
to determine whether a Shuttle servicing mission can be 
accomplished with reasonable safety.

Sec. 304. Assessment of science missions

    The Committee notes that the reporting requirement in this 
section applies only to the nine missions identified in 
subsection (a)(1), and assumes that the assessment of these 
missions will be contained within a single report.

Sec. 306. Coordination with the National Oceanic and Atmospheric 
        Administration (NOAA)

    NASA and NOAA have complementary responsibilities and must 
work together more closely to ensure that both agencies' 
missions are accomplished in the most efficient manner. The 
Committee is pleased that the agencies are setting up a Joint 
Working Group, an effort to deal with issues that the National 
Academy of Sciences had recommended handling through a new 
Interagency Transition Office.
    NASA and NOAA must cooperate through all phases of related 
missions. They cannot wait, for example, until a NASA mission 
is about to end to determine whether NOAA has an interest in 
seeing the mission continue or in adapting its technology to a 
NOAA mission. Similarly, NASA cannot simply assume that NOAA 
can offer a platform for a NASA instrument. The Committee will 
scrutinize closely the reports transmitted under subsection (b) 
to ensure that coordination is adequate.

Subtitle B of Title III. Remote Sensing Applications Act of 2005

    The text of the subtitle is identical to H.R. 426, the 
Remote Sensing Applications Act of 2005, as reported by the 
Committee on May 17, 2005, except that it does not include any 
authorization levels for funding. The Committee report for H.R. 
426 is House Report 109-157.

Subtitle C of Title III. George E. Brown, Jr. Near-Earth Object Survey 
        Act of 2005

    The text of the subtitle is nearly identical to H.R. 1022, 
the George E. Brown, Jr. Near-Earth Object Survey, as reported 
by the Committee on May 17, 2005, except that it does not 
include any authorization levels for funding. The Committee 
report for H.R. 1022 is House Report 109-158.

Sec. 502. Architecture plan

    The human exploration plan required by this section may 
have milestones. However, the plan should be sufficiently 
robust and flexible that if the milestones begin to slip for 
any reason, the entire program would not have to be 
significantly altered or scrapped.

Sec. 613. Charles ``Pete Conrad'' Astronomy Awards Act of 2005

    The text of the section is identical to H.R. 1023, the 
Charles ``Pete Conrad'' Astronomy Awards, as reported by the 
Committee on March 17, 2005 and passed by the House on May 10, 
2005, except that it does not include any authorization of 
funding. The Committee report for H.R. 1023 is House Report 
109-37.

Sec. 614. Review of education programs

    The Committee is concerned that there has been scant review 
of the productivity of NASA's education programs, particularly 
those at the K-12 level. Therefore, the Committee is requiring 
a review by the National Academy of Sciences of the efficacy of 
the agency's education programs. The review should examine 
which programs are most successful and why, and which programs 
are not having an impact and why.
    The Committee expects all future NASA education program 
grants to include an evaluation component as part of the grant. 
That is, some of the grant funds should be set-aside for an 
independent evaluation of the success of the particular 
project.

Sec. 705. Limitations on off-shore contracts

    The limitations on the performance of off-shore contracts 
in section 705 do not apply to international barter 
arrangements, such as the agreements with the international 
partners on the International Space Station.

                           IX. Cost Estimate

    Due to time constraints, neither a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974, nor a statement required by section 308(a) of the 
Congressional Budget Act of 1974 were included in the report as 
required by House rule XIII, clauses 3(c)(2) and (3). When 
received by the Committee they will appear in the Congressional 
Record.

              X. Congressional Budget Office Cost Estimate

    The Committee believes that H.R. 3070 will not increase 
direct spending. In addition, the authorization level in H.R. 
3070 for fiscal year 2006 is identical to that for the National 
Aeronautics and Space Administration in H.R. 2862, the Fiscal 
Year 2006 Science, State, Justice, Commerce, and Related 
Agencies Appropriations Act, as approved on June 16, 2005 by 
the House of Representatives. The legislation's authorization 
level for fiscal year 2007 is identical to that proposed for 
the National Aeronautics and Space Administration for fiscal 
year 2007 in the President's Budget Request for Fiscal Year 
2006.

        XI. Compliance With Public Law 104-4 (Unfunded Mandates)

    H.R. 3070 contains no unfunded mandates.

         XII. Committee Oversight Findings and Recommendations

    The Committee on Science's oversight findings and 
recommendations are reflected in the body of this report.

      XIII. Statement on General Performance Goals and Objectives

    Pursuant to rule XIII, clause 3(c)(4) of the House of 
Representatives the general performance goals and objectives of 
H.R. 3070 are to authorize the human space flight, aeronautics, 
and science programs of the National Aeronautics and Space 
Administration.

                XIV. Constitutional Authority Statement

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact H.R. 3070.

                XV. Federal Advisory Committee Statement

    The functions of the advisory committee authorized in H.R. 
3070 are not currently being nor could they be performed by one 
or more agencies or by enlarging the mandate of another 
existing advisory committee.

                 XVI. Congressional Accountability Act

    The Committee finds that H.R. 3070 does not relate to the 
terms and conditions of employment or access to public services 
or accommodations within the meaning of section 102(b)(3) of 
the Congressional Accountability Act (Public Law 104-1).

      XVII. Statement on Preemption of State, Local, or Tribal Law

    This bill is not intended to preempt any State, local, or 
tribal law.

      XVIII. Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, 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 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

NATIONAL AERONAUTICS AND SPACE ACT OF 1958

           *       *       *       *       *       *       *



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

           *       *       *       *       *       *       *



                   DECLARATION OF POLICY AND PURPOSE

  Sec. 102. (a) * * *

           *       *       *       *       *       *       *

  (g) The Congress declares that the general welfare and 
security of the United States require that the unique 
competence of the National Aeronautics and Space Administration 
be directed to detecting, tracking, cataloguing, and 
characterizing near-Earth asteroids and comets in order to 
provide warning and mitigation of the potential hazard of such 
near-Earth objects to the Earth.
  [(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)] (f), and (g).

           *       *       *       *       *       *       *


TITLE III--MISCELLANEOUS

           *       *       *       *       *       *       *


                     EXPERIMENTAL AEROSPACE VEHICLE

  Sec. 309. (a) * * *

           *       *       *       *       *       *       *

  (f) Termination.--
          (1) In general.--The provisions of this section shall 
        terminate on [December 31, 2002, except that the 
        Administrator may extend the termination date to a date 
        not later than September 30, 2005] December 31, 2010, 
        except that the Administrator may extend the 
        termination date to a date not later than September 30, 
        2015, if the Administrator has entered into an 
        arrangement with the National Academy of Public 
        Administration to determine the impact on private 
        parties and the Federal Government of eliminating this 
        section, if the Administrator determines that such 
        extension is in the interests of the United States.

           *       *       *       *       *       *       *


              [FULL COST APPROPRIATIONS ACCOUNT STRUCTURE

  [Sec. 313. (a) Appropriations for the Administration for 
fiscal year 2005 and thereafter shall be made in three 
accounts, ``Exploration capabilities'', ``Science, aeronautics 
and exploration'', and an account for amounts appropriated for 
the necessary expenses of the Office of Inspector General. 
Appropriations shall remain available for 2 fiscal years. Each 
account shall include the planned full costs of the 
Administration's related activities.
  [(b) To ensure the safe, timely, and successful 
accomplishment of Administration missions, the Administration 
may transfer amounts for Federal salaries and benefits; 
training, travel and awards; facility and related costs; 
information technology services; publishing services; science, 
engineering, fabricating and testing services; and other 
administrative services among accounts, as necessary.
  [(c) The unexpired balances of prior appropriations to the 
Administration for activities authorized under this Act may be 
transferred to the new account established for such activity in 
subsection (a). Balances so transferred may be merged with 
funds in the newly established account and thereafter may be 
accounted for as one fund under the same terms and conditions.]

SEC. 313. BUDGETARY ACCOUNTS.

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

                            PRIZE AUTHORITY

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

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                      RETROCESSION OF JURISDICTION

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

           *       *       *       *       *       *       *

                              ----------                              


    SECTION 6 OF THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 
                        AUTHORIZATION ACT, 1968

  Sec. 6. (a) In General.--There is hereby established an 
Aerospace Safety Advisory Panel consisting of a maximum of nine 
members who shall be appointed by the Administrator for terms 
of six years each. The Panel shall review safety studies and 
operations [plans referred to it] plans referred to it, 
including evaluating the National Aeronautics and Space 
Administration's compliance with the return-to-flight and 
continue-to-fly recommendations of the Columbia Accident 
Investigation Board, and shall make reports thereon, shall 
advise the Administrator and the Congress with respect to the 
hazards of proposed or existing facilities and proposed 
operations [and with respect to the adequacy of proposed or 
existing safety standards and shall], with respect to the 
adequacy of proposed or existing safety standards, and with 
respect to management and culture. The Panel shall also perform 
such other duties as the Administrator may request. One member 
shall be designated by the Panel as its Chairman. Members of 
the Panel who are officers or employees of the Federal 
Government shall receive no compensation for their services as 
such, but shall be allowed necessary travel expenses (or in the 
alternative, mileage for use of privately owned vehicles and a 
per diem in lieu of subsistence not to exceed the rates and 
amounts prescribed in 5 U.S.C. 5702, 5704), and other necessary 
expenses incurred by them in the performance of duties vested 
in the Panel, without regard to the provisions of subchapter I, 
chapter 57 of title 5 of the United States Code, the 
Standardized Government Travel Regulations, or 5 U.S.C. 5731. 
Members of the Panel appointed from outside the Federal 
Government shall each receive compensation at a rate not to 
exceed the per diem rate equivalent to the rate for GS-18 for 
each day such member is engaged in the actual performance of 
duties vested in the Panel in addition to reimbursement for 
travel, subsistence, and other necessary expenses in accordance 
with the provisions of the foregoing sentence. Not more than 
four such members shall be chosen from among the officers and 
employees of the National Aeronautics and Space Administration.
  (b) Annual Report.--The Panel shall submit an annual report 
to the Administrator and to the Congress. In the first annual 
report submitted after the date of enactment of the National 
Aeronautics and Space Administration Authorization Act of 2005, 
the Panel shall include an evaluation of the Administration's 
safety management culture. Each annual report shall include an 
evaluation of the Administration's compliance with the 
recommendations of the Columbia Accident Investigation Board.
                              ----------                              


NATIONAL AERONAUTICS AND SPACE ADMINISTRATION AUTHORIZATION ACT OF 2000

           *       *       *       *       *       *       *


TITLE II--INTERNATIONAL SPACE STATION

           *       *       *       *       *       *       *


[SEC. 202. COST LIMITATION FOR THE INTERNATIONAL SPACE STATION.

  [(a) Limitation of Costs.--
          [(1) In general.--Except as provided in subsections 
        (c) and (d), the total amount obligated by the National 
        Aeronautics and Space Administration for--
                  [(A) costs of the International Space Station 
                may not exceed $25,000,000,000; and
                  [(B) space shuttle launch costs in connection 
                with the assembly of the International Space 
                Station may not exceed $17,700,000,000.
          [(2) Calculation of launch costs.--For purposes of 
        paragraph (1)(B)--
                  [(A) not more than $380,000,000 in costs for 
                any single space shuttle launch shall be taken 
                into account; and
                  [(B) if the space shuttle launch costs taken 
                into account for any single space shuttle 
                launch are less than $380,000,000, then the 
                Administrator shall arrange for a verification, 
                by the General Accounting Office, of the 
                accounting used to determine those costs and 
                shall submit that verification to the Congress 
                within 60 days after the date on which the next 
                budget request is transmitted to the Congress.
  [(b) Costs to Which Limitation Applies.--
          [(1) Development costs.--The limitation imposed by 
        subsection (a)(1)(A) does not apply to funding for 
        operations, research, or crew return activities 
        subsequent to substantial completion of the 
        International Space Station.
          [(2) Launch costs.--The limitation imposed by 
        subsection (a)(1)(B) does not apply--
                  [(A) to space shuttle launch costs in 
                connection with operations, research, or crew 
                return activities subsequent to substantial 
                completion of the International Space Station;
                  [(B) to space shuttle launch costs in 
                connection with a launch for a mission on which 
                at least 75 percent of the shuttle payload by 
                mass is devoted to research; nor
                  [(C) to any additional costs incurred in 
                ensuring or enhancing the safety and 
                reliability of the space shuttle.
          [(3) Substantial completion.--For purposes of this 
        subsection, the International Space Station is 
        considered to be substantially completed when the 
        development costs comprise 5 percent or less of the 
        total International Space Station costs for the fiscal 
        year.
  [(c) Notice of Changes to Space Station Costs.--The 
Administrator shall provide with each annual budget request a 
written notice and analysis of any changes under subsection (d) 
to the amounts set forth in subsection (a) to the Senate 
Committees on Appropriations and on Commerce, Science, and 
Transportation and to the House of Representatives Committees 
on Appropriations and on Science. In addition, such notice may 
be provided at other times, as deemed necessary by the 
Administrator. The written notice shall include--
          [(1) an explanation of the basis for the change, 
        including the costs associated with the change and the 
        expected benefit to the program to be derived from the 
        change;
          [(2) an analysis of the impact on the assembly 
        schedule and annual funding estimates of not receiving 
        the requested increases; and
          [(3) an explanation of the reasons that such a change 
        was not anticipated in previous program budgets.
  [(d) Funding for Contingencies.--
          [(1) Notice required.--If funding in excess of the 
        limitation provided for in subsection (a) is required 
        to address the contingencies described in paragraph 
        (2), then the Administrator shall provide the written 
        notice required by subsection (c). In the case of 
        funding described in paragraph (3)(A), such notice 
        shall be required prior to obligating any of the 
        funding. In the case of funding described in paragraph 
        (3)(B), such notice shall be required within 15 days 
        after making a decision to implement a change that 
        increases the space shuttle launch costs in connection 
        with the assembly of the International Space Station.
          [(2) Contingencies.--The contingencies referred to in 
        paragraph (1) are the following:
                  [(A) The lack of performance or the 
                termination of participation of any of the 
                International countries party to the 
                Intergovernmental Agreement.
                  [(B) The loss or failure of a United States-
                provided element during launch or on-orbit.
                  [(C) On-orbit assembly problems.
                  [(D) New technologies or training to improve 
                safety on the International Space Station.
                  [(E) The need to launch a space shuttle to 
                ensure the safety of the crew or to maintain 
                the integrity of the station.
          [(3) Amounts.--The total amount obligated by the 
        National Aeronautics and Space Administration to 
        address the contingencies described in paragraph (2) is 
        limited to--
                  [(A) $5,000,000,000 for the International 
                Space Station; and
                  [(B) $3,540,000,000 for the space shuttle 
                launch costs in connection with the assembly of 
                the International Space Station.
  [(e) Reporting and Review.--
          [(1) Identification of costs.--
                  [(A) Space shuttle.--As part of the overall 
                space shuttle program budget request for each 
                fiscal year, the Administrator shall identify 
                separately--
                          [(i) the amounts of the requested 
                        funding that are to be used for 
                        completion of the assembly of the 
                        International Space Station; and
                          [(ii) any shuttle research mission 
                        described in subsection (b)(2).
                  [(B) International space station.--As part of 
                the overall International Space Station budget 
                request for each fiscal year, the Administrator 
                shall identify the amount to be used for 
                development of the International Space Station.
          [(2) Accounting for cost limitations.--As part of the 
        annual budget request to the Congress, the 
        Administrator shall account for the cost limitations 
        imposed by subsection (a).
          [(3) Verification of accounting.--The Administrator 
        shall arrange for a verification, by the General 
        Accounting Office, of the accounting submitted to the 
        Congress within 60 days after the date on which the 
        budget request is transmitted to the Congress.
          [(4) Inspector general.--Within 60 days after the 
        Administrator provides a notice and analysis to the 
        Congress under subsection (c), the Inspector General of 
        the National Aeronautics and Space Administration shall 
        review the notice and analysis and report the results 
        of the review to the committees to which the notice and 
        analysis were provided.]

           *       *       *       *       *       *       *


                        TITLE III--MISCELLANEOUS

SEC. 301. REQUIREMENT FOR INDEPENDENT COST ANALYSIS.

  (a) Requirement.--Before any funds may be obligated for 
[Phase B] implementation of a project that is projected to cost 
more than [$150,000,000] $250,000,000 in total project costs, 
the [Chief Financial Officer] Administrator for the National 
Aeronautics and Space Administration shall conduct and consider 
an independent life-cycle cost analysis of such project and 
shall report the results to Congress. In developing cost 
accounting and reporting standards for carrying out this 
section, the [Chief Financial Officer] Administrator 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) Implementation Defined.--In this section, the term 
``implementation'' means all activity in the life cycle of a 
project after preliminary design, independent assessment of the 
preliminary design, and approval to proceed into 
implementation, including critical design, development, 
certification, launch, operations, disposal of assets, and, for 
technology programs, development, testing, analysis and 
communication of the results.

           *       *       *       *       *       *       *

                              ----------                              


DEPARTMENTS OF VETERANS AFFAIRS AND HOUSING AND URBAN DEVELOPMENT, AND 
INDEPENDENT AGENCIES APPROPRIATIONS ACT, 1990

           *       *       *       *       *       *       *


TITLE III

           *       *       *       *       *       *       *


National Aeronautics and Space Administration

           *       *       *       *       *       *       *


space flight, control and data communications

           *       *       *       *       *       *       *


                       ADMINISTRATIVE PROVISIONS

                    SMALL AND DISADVANTAGED BUSINESS

  The NASA Administrator shall annually establish a goal of at 
least 8 per centum of the total value of prime and subcontracts 
awarded in support of authorized programs, including the space 
station by the time operational status is obtained, which funds 
will be made available to small business concerns or other 
organizations owned or controlled by socially and economically 
disadvantaged individuals (within the meaning of section 8(a) 
(5) and (6) of the Small Business Act (15 U.S.C. 637(a) (5) 
(6)), including [Historically Black Colleges and Universities 
and] Historically Black Colleges and Universities that are part 
B institutions (as defined in section 322(2) of the Higher 
Education Act of 1965 (20 U.S.C. 1061(2))), Hispanic-serving 
institutions (as defined in section 502(a)(5) of that Act (20 
U.S.C. 1101a(a)(5))), Tribal Colleges or Universities (as 
defined in section 316(b)(3) of that Act (20 U.S.C. 
1059c(b)(3))), Alaskan Native-serving institutions (as defined 
in section 317(b)(2) of that Act (20 U.S.C. 1059d)(b)(2))), 
Native Hawaiian-serving institutions (as defined in section 
317(b)(4) of that Act (20 U.S.C. 1059d(b)(4))), and minority 
educational institutions (as defined by the Secretary of 
Education pursuant to the General Education Provisions Act (20 
U.S.C. 1221 et seq.)).
  To facilitate progress in reaching this goal, the NASA 
Administrator shall submit within one year from enactment of 
this Act a plan describing the process to be followed to 
achieve the prescribed level of participation in the shortest 
practicable time.

           *       *       *       *       *       *       *

                              ----------                              


              SECTION 9809 OF TITLE 5, UNITED STATES CODE

Sec. 9809. Science and technology scholarship program

  (a)(1) * * *
  (2) Individuals shall be selected to receive scholarships 
under this section through a competitive process primarily on 
the basis of academic merit, with consideration given to 
financial need and the goal of promoting the participation of 
individuals identified in section 33 or 34 of the Science and 
Engineering Equal Opportunities Act (42 U.S.C. 1885a or 1885b).

           *       *       *       *       *       *       *

  (c) An individual seeking a scholarship under this section 
shall submit an application to the Administrator at such time, 
in such manner, and containing such information, agreements, or 
assurances as the Administrator may require to carry out this 
section.

           *       *       *       *       *       *       *

  (f)(1) The period of service for which an individual shall be 
obligated to serve as an employee of the Administration is, 
except as provided in subsection (h)(2), 24 months for each 
academic year for which a scholarship under this section is 
provided. [Under no circumstances shall the total period of 
obligated service be more than 4 years.]

           *       *       *       *       *       *       *

  (g)(1) * * *
  (2) Scholarship recipients who, for any reason, fail to begin 
or complete their service obligation after completion of 
academic training, or fail to comply with the terms and 
conditions of deferment established by the Administrator 
pursuant to subsection (f)(2)(B), shall be in breach of their 
contractual agreement. When recipients breach their agreements 
for the reasons stated in the preceding sentence, the recipient 
shall be liable to the United States for an amount equal to--
          (A) * * *
          (B) the interest on the amounts of such awards which 
        would be payable if at the time the awards were 
        received they were loans bearing interest at the 
        maximum legal prevailing rate, as determined by the 
        [Treasurer of the United States,
multiplied by 3] Treasurer of the United States.

           *       *       *       *       *       *       *

                              ----------                              U


 Section 703 of the Vision 100--Century of Aviation Reauthorization Act

[SEC. 703. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION SCIENCE AND 
                    TECHNOLOGY SCHOLARSHIP PROGRAM.

  [(a)(1) The Administrator of the National Aeronautics and 
Space Administration shall establish a National Aeronautics and 
Space Administration Science and Technology Scholarship Program 
to award scholarships to individuals that is designed to 
recruit and prepare students for careers in the National 
Aeronautics and Space Administration.
  [(2) Individuals shall be selected to receive scholarships 
under this section through a competitive process primarily on 
the basis of academic merit, with consideration given to 
financial need and the goal of promoting the participation of 
individuals identified in section 33 or 34 of the Science and 
Engineering Equal Opportunities Act.
  [(3) To carry out the Program the Administrator shall enter 
into contractual agreements with individuals selected under 
paragraph (2) under which the individuals agree to serve as 
full-time employees of the National Aeronautics and Space 
Administration, for the period described in subsection (f)(1), 
in positions needed by the National Aeronautics and Space 
Administration and for which the individuals are qualified, in 
exchange for receiving a scholarship.
  [(b) In order to be eligible to participate in the Program, 
an individual must--
          [(1) be enrolled or accepted for enrollment as a 
        full-time student at an institution of higher 
        education, as a junior or senior undergraduate or 
        graduate student, in an academic field or discipline 
        described in the list made available under subsection 
        (d);
          [(2) be a United States citizen or permanent 
        resident; and
          [(3) at the time of the initial scholarship award, 
        not be an employee (as defined in section 2105 of title 
        5, United States Code).
  [(c) An individual seeking a scholarship under this section 
shall submit an application to the Administrator at such time, 
in such manner, and containing such information, agreements, or 
assurances as the Administrator may require.
  [(d) The Administrator shall make publicly available a list 
of academic programs and fields of study for which scholarships 
under the Program may be utilized and shall update the list as 
necessary.
  [(e)(1) The Administrator may provide a scholarship under the 
Program for an academic year if the individual applying for the 
scholarship has submitted to the Administrator, as part of the 
application required under subsection (c), a proposed academic 
program leading to a degree in a program or field of study on 
the list made available under subsection (d).
  [(2) An individual may not receive a scholarship under this 
section for more than 4 academic years, unless the 
Administrator grants a waiver.
  [(3) The dollar amount of a scholarship under this section 
for an academic year shall be determined under regulations 
issued by the Administrator, but shall in no case exceed the 
cost of attendance.
  [(4) A scholarship provided under this section may be 
expended for tuition, fees, and other authorized expenses as 
established by the Administrator by regulation.
  [(5) The Administrator may enter into a contractual agreement 
with an institution of higher education under which the amounts 
provided for a scholarship under this section for tuition, 
fees, and other authorized expenses are paid directly to the 
institution with respect to which the scholarship is provided.
  [(f)(1) The period of service for which an individual shall 
be obligated to serve as an employee of the National 
Aeronautics and Space Administration is, except as provided in 
subsection (h)(2), 24 months for each academic year for which a 
scholarship under this section is provided.
  [(2)(A) Except as provided in subparagraph (B), obligated 
service under paragraph (1) shall begin not later than 60 days 
after the individual obtains the educational degree for which 
the scholarship was provided.
  [(B) The Administrator may defer the obligation of an 
individual to provide a period of service under paragraph (1) 
if the Administrator determines that such a deferral is 
appropriate. The Administrator shall prescribe the terms and 
conditions under which a service obligation may be deferred 
through regulation.
  [(g)(1) Scholarship recipients who fail to maintain a high 
level of academic standing, as defined by the Administrator by 
regulation, who are dismissed from their educational 
institutions for disciplinary reasons, or who voluntarily 
terminate academic training before graduation from the 
educational program for which the scholarship was awarded, 
shall be in breach of their contractual agreement and, in lieu 
of any service obligation arising under such agreement, shall 
be liable to the United States for repayment within 1 year 
after the date of default of all scholarship funds paid to them 
and to the institution of higher education on their behalf 
under the agreement, except as provided in subsection (h)(2). 
The repayment period may be extended by the Administrator when 
determined to be necessary, as established by regulation.
  [(2) Scholarship recipients who, for any reason, fail to 
begin or complete their service obligation after completion of 
academic training, or fail to comply with the terms and 
conditions of deferment established by the Administrator 
pursuant to subsection (f)(2)(B), shall be in breach of their 
contractual agreement. When recipients breach their agreements 
for the reasons stated in the preceding sentence, the recipient 
shall be liable to the United States for an amount equal to--
          [(A) the total amount of scholarships received by 
        such individual under this section; plus
          [(B) the interest on the amounts of such awards which 
        would be payable if at the time the awards were 
        received they were loans bearing interest at the 
        maximum legal prevailing rate, as determined by the 
        Treasurer of the United States,
multiplied by 3.
  [(h)(1) Any obligation of an individual incurred under the 
Program (or a contractual agreement thereunder) for service or 
payment shall be canceled upon the death of the individual.
  [(2) The Administrator shall by regulation provide for the 
partial or total waiver or suspension of any obligation of 
service or payment incurred by an individual under the Program 
(or a contractual agreement thereunder) whenever compliance by 
the individual is impossible or would involve extreme hardship 
to the individual, or if enforcement of such obligation with 
respect to the individual would be contrary to the best 
interests of the Government.
  [(i) For purposes of this section--
          [(1) the term ``cost of attendance'' has the meaning 
        given that term in section 472 of the Higher Education 
        Act of 1965;
          [(2) the term ``institution of higher education'' has 
        the meaning given that term in section 101(a) of the 
        Higher Education Act of 1965; and
          [(3) the term ``Program'' means the National 
        Aeronautics and Space Administration Science and 
        Technology Scholarship Program established under this 
        section.
  [(j)(1) There is authorized to be appropriated to the 
National Aeronautics and Space Administration for the Program 
$10,000,000 for each fiscal year.
  [(2) Amounts appropriated under this section shall remain 
available for 2 fiscal years.
  [(k) The Administrator may provide temporary internships to 
full-time students enrolled in an undergraduate or post-
graduate program leading to an advanced degree in an aerospace-
related or aviation safety-related field of endeavor.]

                     XIX. Committee Recommendations

    On July 14, 2005 a quorum being present, the Committee on 
Science favorably reported H.R. 3070, National Aeronautics and 
Space Administration Act of 2005, as amended, by a voice vote, 
and recommended its enactment.

                          XX. ADDITIONAL VIEWS

    The Administration has made outsourcing of federal jobs a 
priority through its aggressive implementation of OMB Circular 
A-76. The continued trends of increased outsourcing of jobs 
overseas and the decline in manufacturing jobs here in the U.S. 
have eroded the standard of living for many of our citizens.
    The use of government spending to maintain jobs and a 
decent standard of living for the people who pay the taxes is 
one of our most important tools for promoting economic growth. 
My amendment, which is included as Section 705 of H.R. 3070, 
ensures that any federal job that is converted to a private 
sector job does not result in the transfer of a U.S. job to a 
non-U.S. job. It directs NASA to ensure that contracts are 
awarded to firms employing people here in the U.S. when it is 
possible to do so.
    Unfortunately, the Majority transformed my provision from 
one which emphasized the protection of American jobs to one 
that emphasized the protection of trade agreements. Subsection 
(d) of Section 705, reads: ``The provisions of this section 
shall not apply to the extent that they are inconsistent with 
obligations of the United States under international 
agreements.''
    I offered an amendment to strike this language that failed 
on a party line vote of 18 to 18. The Majority's language 
encourages the Administration to err on the side of protecting 
trade agreements at the expense of American jobs. In the 
balancing of interests, I believe that emphasis is exactly 
backwards. It is unfortunate the Majority believes that trade 
agreements deserve a higher level of protection than American 
jobs. The Majority's language is unnecessary. There is no 
shortage of consideration for our trade agreements. I only wish 
I could say the same for our manufacturing base and our 
workers.

                                                 Jerry F. Costello.



    XXI. PROCEEDINGS OF THE MARKUP BY THE SUBCOMMITTEE ON SPACE AND 
AERONAUTICS ON H.R. 3070, NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 
                       AUTHORIZATION ACT OF 2005

                              ----------                              


                        WEDNESDAY, JUNE 29, 2005

                  House of Representatives,
             Subcommittee on Space and Aeronautics,
                                      Committee on Science,
                                                    Washington, DC.

    The Subcommittee met, pursuant to call, at 2:15 p.m., in 
Room 2318 of the Rayburn House Office Building, Hon. Ken 
Calvert [Chairman of the Subcommittee] presiding.
    Chairman Calvert. Good afternoon. The Committee will come 
to order.
    Pursuant to notice, the Subcommittee on Space and 
Aeronautics meets to consider the following measures: H.R. 
3070, the National Aeronautics and Space Administration 
Authorization Act of 2005. I ask unanimous consent for the 
authority to recess the Subcommittee at any point during 
consideration of these matters. Without objection, so ordered.
    We will now proceed with the markup, beginning with the 
opening statement. I will begin.
    Today, as the new Chairman of six months of the Space and 
Aeronautics Subcommittee, I am delighted to preside over 
today's markup of the NASA authorization bill for 2006. I also 
sit on the House Armed Services Committee, a committee that 
produces an authorizing bill every year and increasing its 
influence as an authorizing committee. If we want a seat at the 
table, we must be a part of the process. Authorizing committees 
need to protect and use our jurisdiction. I want to keep our 
committee on track in its oversight of NASA, the largest agency 
under the Science Committee's jurisdiction. I look forward to 
continuing to work with Chairman Boehlert and the Members of 
the Subcommittee today to get this bill on the first step of 
being enacted.
    I have enjoyed working with Mr. Udall on all three 
committees on which we are Members. I look forward to working 
with the other Members as well, since the Committee has 
traditionally been very bipartisan in its outlook and efforts. 
I have been talking with Mr. Udall and Mr. Gordon, and I am 
confident that we can get a bipartisan bill out in a timely 
matter. It is very important to go to Full Committee markup the 
week of July 11 when we return from our July 4 District work 
period and then to the House Floor the week of July 18. If we 
miss those windows, we will be forced to move during the busy 
fall time period when prospects for precious Floor time, as we 
all know, grows slimmer. Also, by the time we will trail the 
appropriators on conferencing our bill with the Senate.
    NASA is ready to work with the provisions in our bill, and 
we must all know that we have a long way to go before we get a 
bill at the President's desk. The Senate marked up their 
authorization bill last week, and we are hoping to get it 
through the Senate Floor some time in July. We have an 
opportunity to get a meaningful proactive bill out this year 
for the first time in a long time.
    Our general approach to this authorization is to get NASA 
back on track so we can move forward in a constructive way, 
giving Dr. Griffin the flexibility he needs while providing the 
Congress with the proper tools to perform an effective 
oversight. The bill represents the first time the vision for 
space exploration has been endorsed officially by the House of 
Representatives. Due to the concern from both sides of the 
aisle regarding the direction that the rest of NASA is 
proceeding, we have asked for a comparable strategic plan for 
aeronautics and the science programs. We have asked for these 
to be submitted with the fiscal year 2007 President's budget 
request so that in the next year's authorization we will have 
the information we need to do a successful oversight, construct 
a more prospective--or prescriptive NASA authorization.
    In addition to this, we have directed NASA to develop a 
Human Capital Strategy to avoid any Reduction In Force or 
buyouts until this plan is submitted with the fiscal year 2007 
President's budget request as well. NASA facilities will have a 
parallel study, but we will allow an additional year for the 
strategic plan, because this is really even more dependent on 
NASA's overall strategic plan.
    We requested that the Director of the Office of Science and 
Technology Policy conduct a study to address the duplication of 
research and technology programs among federal agencies and 
whether research throughout the Federal Government presents 
opportunities for collaboration and how it relates to our 
national interests. We will also direct the OSTP to report back 
to Congress on the funding invested by the government in each 
area. We have included a cost control language that is similar 
to that in this year's House Armed Services Committee's Defense 
Authorization bill, which requires NASA to report on the 
Congress annually on the status of major programs. Defined as a 
major program, the life cycle costs greater than $100 million. 
In the event that a major program is expected to exceed its 
regional estimated development costs by 15 percent, or the 
schedule by more than six months, NASA is required to notify 
Congress. If the development costs is expected to exceed 
original estimated development costs by 30 percent, Congress 
will have to evaluate whether to continue the program at all.
    The bill contains authorization for a NASA prize structure, 
modeled off the X-Prize that was one last year by the famed 
aeronautics and space engineer, Burt Rutan, and his 
SpaceShipOne team. We do not limit the amount of the prize, but 
we do require NASA to report to the Congress before offering 
any prize greater than $10 million.
    We have a couple of other housekeeping provisions that are 
included in this bill as well. H.R. 1022, the George E. Brown, 
Jr. Near Earth Object Survey bill, that was passed previously 
by this Committee, and H.R. 1023, the Charles ``Pete'' Conrad 
Astronomy Awards Act, also previously passed by this committee. 
We have authorized NASA's top line of $16.471 billion as the 
level that the House Appropriations bill included. This is 
about $15 million more than the President's fiscal year 2006 
request. No other funding levels for those programs are 
including.
    I am looking forward to getting started today and taking 
the first step in producing a 2006 NASA authorization bill.
    [The prepared statement of Chairman Calvert follows:]
               Prepared Statement of Chairman Ken Calvert
    Today, as the new Chairman of six months of the Space and 
Aeronautics Subcommittee, I am delighted to preside over today's markup 
of the NASA Authorization bill for 2006. This is nearly an historic 
occasion since we have only had two authorization bills since 1993--a 
one-year bill in 1993 and a three-year bill in 2000. I also sit on the 
House Armed Services Committee, a committee that produces an 
authorizing bill every year, and know that if we don't get a bill out 
each year, our relevancy as an authorizing committee is in real 
question. If we want a ``seat at the table,'' we must be part of the 
process. If we don't exert our jurisdiction, we could be threatened 
with a loss of this jurisdiction. I want to get our committee back on 
track in its oversight of NASA, the largest agency under the Science 
Committee's jurisdiction. I look forward to working with the rest of 
the Members of the Subcommittee today to get this bill on the first 
step to being enacted.
    I have enjoyed working with Mr. Udall on all three committees on 
which we are Members. I look forward to working with the other Members 
as well, since this committee has traditionally been very bipartisan in 
its outlook and efforts. I have been talking with both Mr. Udall and 
Mr. Gordon and am confident that we can get a bipartisan bill out in a 
timely manner. It is very important to go to Full Committee markup the 
week of July 11, when we return from our July 4 District Work Period 
and then to the House floor, the week of July 18. If we miss those 
windows, we will be forced to move during the busy fall time period 
when prospects for precious floor time grow slim. Also, by then we will 
trail the appropriators on conferencing our bill with the Senate.
    NASA is ready to work with the provisions in our bill, but we all 
know that we have a long way to go before we get a bill to the 
President's desk. The Senate marked up their Authorization bill last 
week and is hoping to get through the Senate floor sometime in July. We 
have a real opportunity to get a meaningful, proactive bill out this 
year for the first time in a long time.
    Our general approach to this authorization is to get NASA back on 
track so that we can move forward in a constructive way, giving Dr. 
Griffin the flexibility he needs while providing the Congress with the 
proper tools to perform effective oversight. This bill represents the 
first time that the Vision for Space Exploration has been endorsed 
officially by the House of Representatives. Due to concern from both 
sides of the aisle regarding the direction that the rest of NASA is 
proceeding, we have asked for a comparable strategic plan for 
aeronautics and for the science programs. We have asked for these to be 
submitted with the FY 2007 President's Budget Request, so that in next 
year's Authorization we will have the information we need to do 
successful oversight and to construct a more prescriptive NASA 
Authorization.
    In addition to this, we have directed NASA to develop a Human 
Capital Strategy and to avoid any Reduction In Force or buyouts until 
this plan is submitted with the FY 2007 President's budget request as 
well. NASA facilities will have a parallel study, but we allow an 
additional year for this strategic plan because this is really even 
more dependent on NASA's overall strategic plan.
    We have requested that the Director of the Office of Science and 
Technology Policy (OSTP) conduct a study to address the duplication of 
research and technology programs among federal agencies and whether 
research throughout the Federal Government presents opportunities for 
collaboration and how it relates to for the national interest. We also 
direct OSTP to report back to the Congress on the funding invested by 
the government in each area.
    We have included cost control language that is similar to that of 
this year's House Armed Services Committee's Defense Authorization 
bill, which requires NASA to report to the Congress annually on the 
status of ``major'' programs, defined as a program with a life cycle 
cost greater than $100 million. In the event that a major program is 
expected to exceed its original estimated development cost by 15 
percent or the schedule by more than six months, NASA is required to 
notify Congress. If the development cost is expected to exceed original 
estimated development cost by 30 percent, Congress will have to 
evaluate whether to continue the program at all.
    The bill contains authorization for a NASA Prize structure, modeled 
after the X-Prize that was won last year by famed aeronautics and 
aerospace engineer Burt Rutan and his SpaceShipOne team. We do not 
limit the amount of the prize, but do require NASA to report to the 
Congress before offering any prize greater than $10 million.
    We have a couple of housekeeping provisions that are included in 
this bill as well as H.R. 1022, the George E. Brown., Jr. Near-Earth 
Object Survey bill, that was passed previously by this committee, and 
H.R. 1023, the Charles ``Pete'' Conrad Astronomy Awards Act, also 
previously passed by this committee.
    We have also authorized NASA's top line at $16.471 billion as the 
level that the House Appropriations bill included. This is about $15 
million above the President's FY 2006 request. No other funding levels 
for programs are included.
    I am looking forward to getting started today and taking the first 
step in producing a 2006 NASA Authorization bill.

    Chairman Calvert. And I would like to recognize Mr. Udall 
for his opening remarks.
    Mr. Udall. Thank you, Mr. Chairman.
    I would like to take this opportunity first to yield to the 
Ranking Member on the Full Committee, Mr. Gordon from 
Tennessee, for his remarks.
    Mr. Gordon. Thank you, Mr. Udall.
    I would like to take a few minutes to explain why I plan to 
withhold my support for H.R. 3070 at this subcommittee markup.
    Before doing that, however, I would first like to commend 
Chairman Calvert for his commitment to enacting a NASA 
authorization bill this year. I am in strong agreement with him 
that this Committee needs to meet its legislative and oversight 
responsibilities with respect to NASA if we are to be relevant. 
And one of the fundamental ways we can do that is through the 
process of reauthorizing NASA's programs in space and 
aeronautics on a regular and timely basis. So I applaud his 
desire to do a NASA authorization bill. And I want to work with 
him and Chairman Boehlert to produce the best bill possible.
    Unfortunately, the schedule we were presented with did not 
make it possible for Democratic Members of the Subcommittee to 
develop a thoughtful response to the bill in time for today's 
markup. As you know, the Majority did not have a draft bill 
ready to be shared with us, with Members, as well as the 
stakeholders until last Friday. In addition, we were not able 
to hear from NASA Administrator regarding his plans and 
priorities and plans until yesterday. That does not provide 
Members enough time to discuss and assess the Administrator's 
testimony. Neither does it provide adequate time for Members to 
develop amendments to address areas of concern in the bill.
    That should not be surprising, given the fact that the 
Majority has informed us that it took them at least three 
months to develop the bill in front of us today. Given the 
Democrats were not included in that bill preparation effort, it 
is understandable that we will need some time to prepare an 
appropriate response. I would prefer this markup be delayed to 
allow thoughtful consideration of this bill. However, I 
understand Chairman Calvert's interest in moving forward today. 
Given that, I do not plan to try to block this bill today but 
instead will abstain from supporting it in this subcommittee 
markup.
    I plan to--then plan to focus my efforts on making the Full 
Committee's consideration of this bill a productive exercise.
    Before I close, I want to make it clear that my objections 
to the bill before us today are not just based on concerns 
about process. Mr. Udall and I have serious reservations about 
the bill in its present form, and I will yield back to him at 
this point so that he can outline some of the reasons we feel 
that way.
    Thank you.
    [The prepared statement of Mr. Gordon follows:]
            Prepared Statement of Representative Bart Gordon
    I'd like to thank Mr. Udall for yielding to me.
    I would like to take a few minutes to explain why I plan to 
withhold my support from H.R. 3070 at this subcommittee markup.
    Before doing that, however, I would first like to commend Chairman 
Calvert for his commitment to enacting a NASA Authorization bill this 
year.
    I am in strong agreement with him that this committee needs to meet 
its legislative and oversight responsibilities with respect to NASA if 
we are to be relevant.
    And one of the fundamental ways we can do that is through the 
process of reauthorizing NASA's programs in space and aeronautics on a 
regular and timely basis.
    So I applaud his desire to do a NASA Authorization bill, and I want 
to work with him and Chairman Boehlert to produce the best bill 
possible.
    Unfortunately, the schedule we were presented with did not make it 
possible for Democratic Members of the Subcommittee to develop a 
thoughtful response to the bill in time for today's markup.
    As you know, the Majority did not have a draft bill ready to be 
shared with our Members and other stakeholders until last Friday.
    In addition, we were not able to hear from the NASA Administrator 
regarding his plans and priorities until yesterday.
    That does not provide Members enough time to discuss and assess the 
Administrator's testimony.
    Neither does it provide adequate time for Members to develop 
amendments to address areas of concern in the bill.
    That should not be surprising, given that the Majority has informed 
us that it took them at least three months to develop the bill in front 
of us today.
    Given that Democrats were not included in that bill preparation 
effort, it is understandable that we will need some time to prepare an 
appropriate response.
    I would have preferred that this markup be delayed to allow 
thoughtful consideration of this bill.
    However, I understand Chairman Calvert's interest in moving forward 
today.
    Given that, I do not plan to try to block this bill today but 
instead will abstain from supporting it at this subcommittee markup.
    I then plan to focus my efforts on making the Full Committee's 
consideration of this bill a productive exercise.
    Before I close, I want to make it clear that my objections to the 
bill before us today are not just based on concerns about the process.
    Mr. Udall and I have serious reservations about the bill in its 
present form, and I will yield back to him at this point so that he can 
outline some of the reasons we feel that way.
    Thank you.

    Mr. Udall. Thank you, Ranking Member Gordon.
    I just want to begin by expressing my agreement with the 
sentiments that Ranking Member Gordon shared with all of us 
surrounding the process issues leading up to the introduction 
and the markup of the bill today. I also want to associate 
myself with his remarks when it comes to the sentiments he has 
expressed toward Chairman Calvert and Chairman Boehlert and the 
need to get a NASA reauthorization bill passed through the 
House.
    But as Mr. Gordon indicated, we have some substantive 
concerns with the bill as well, and I hope we can address them 
in front of the Full Committee when we return from our recess.
    And if I would, let me mention just a few of them.
    First, as we have communicated to our colleagues on the 
Majority side, the bill fundamentally does not address the 
issue of ensuring there is a productive balance between NASA's 
core missions, that is science, aeronautics, and human space 
flight, including the human exploration agenda. The bill 
expresses the sentiment that balance is desirable, but it does 
nothing to make it a reality. And since it is a one-year 
authorization bill with just a single funding number, it lacks 
the funding direction provided by a traditional, multi-year 
authorization, such as under consideration by the Senate.
    In essence, the bill provides no meaningful policy or 
funding guidance to NASA, with one major exception that I will 
mention in a minute. Nor does it provide any meaningful 
constraints on NASA's actions over the coming year. Basically, 
as long as NASA files the required reports, many of which 
simply codify the things that NASA provides as a part of its 
annual budget request, NASA can do whatever it wants to do over 
the coming year. Rather than providing policy guidance to NASA, 
the bill simply asks NASA to tell us what they want to do.
    There is one area, however, where the bill does lay out 
crisp policy guidance. Namely, it codifies in the law the major 
milestones of the President's exploration initiative. You might 
ask why does that matter. Well, in the absence of any other 
binding provisions in the bill to maintain a balance among 
NASA's core missions, a provision that directs NASA to return 
humans to the Moon by 2020, for example, has the effect of 
making that the Agency's highest priority. And NASA would be 
perfectly justified in interpreting that provision as a 
license, indeed, an imperative, to take money from NASA's other 
activities, if necessary, to ensure that that deadline is met.
    That is not my idea of either a go-as-you-can-pay or a 
balanced approach to exploration, but that is what this bill 
would have NASA do.
    There are other major concerns, but in the interest of 
time, I will save most of them for another day. Instead, I 
would just note that the bill does not include any of the 
provisions of H.R. 2358, the Aeronautics R&D Revitalization 
Act, a bill that I and a group of bipartisan co-sponsors 
believe is urgently needed to address the crisis in aeronautics 
facing our Nation. I find this omission to be troubling and 
intend to work for its inclusion in the final version of the 
NASA bill.
    I hope my comments provide some insight on the decision by 
Mr. Gordon and me to withhold our support for this bill in its 
current form. NASA is of crucial importance to the Nation, and 
I know that we can work together to craft a bill that will 
seriously address the issues facing the Agency.
    Thank you, Mr. Chairman, and I would yield back the time 
that I do not have remaining.
    [The prepared statement of Mr. Udall follows:]
            Prepared Statement of Representative Mark Udall
    Thank you. I want to express my agreement with the sentiments 
expressed by Ranking Member Gordon regarding the process issues 
surrounding this bill.
    However, as he has indicated, we also have some substantive 
concerns with the bill before us today.
    These are concerns that I hope that we will be able to address when 
this bill is marked up by the Full Committee.
    Let me mention just a few of them.
    First, as we have communicated to our colleagues on the Majority 
side, this bill fundamentally does not address the issue of ensuring 
that a productive balance is maintained between NASA's core missions--
science, aeronautics, and human space flight--including human 
exploration.
    The bill expresses the sentiment that such a balance is desirable, 
but does nothing to make it a reality.
    And since it is a one-year authorization bill with just a single 
funding number, it lacks the funding direction provided by a more 
traditional multi-year authorization, such is under consideration by 
the Senate.
    In essence, the bill provides no meaningful policy or funding 
guidance to NASA with one major exception that I will mention in a 
minute, nor does it provide any meaningful constraints on NASA's 
actions over the coming year.
    Basically, as long as NASA files the required reports--many of 
which simply codify things that NASA provides as part of its annual 
budget request--NASA can do whatever it wants to do over the coming 
year.
    Rather than providing policy guidance to NASA, this bill simply 
asks NASA to tell us what they want to do.
    There is one area, however, where the bill does lay out crisp 
policy guidance: namely it codifies into law the major milestones of 
the President's exploration initiative.
    Why does that matter?
    Well, in the absence of any other binding provisions in the bill to 
maintain a balance among NASA's core missions, a provision that directs 
NASA to return humans to the Moon by 2020, for example, has the effect 
of making that the Agency's highest priority.
    And NASA would be perfectly justified in interpreting that 
provision as a license--indeed an imperative--to take money from NASA's 
other activities if necessary to ensure that that deadline is meant.
    That's not my idea of either a ``go-as-you-can-pay'' or a 
``balanced'' approach to exploration--but that's what this bill would 
have NASA do.
    There are other major concerns, but in the interests of time I will 
save most of them for another day.
    Instead, I would just note that the bill does not include any of 
the provisions of H.R. 2358, the Aeronautics R&D Revitalization Act--a 
bill that I and a group of bipartisan co-sponsors believe is urgently 
needed to address the crisis in aeronautics that is facing this nation.
    I find this omission to be troubling and intend to work for its 
inclusion in the final version of the NASA bill.
    Well, I hope my comments provide some insight into the decision by 
Mr. Gordon and me to withhold our support for this bill in its current 
form.
    NASA is important to the Nation.
    I hope we can work together to craft a bill that will seriously 
address the issues facing the Agency.

    Chairman Calvert. I thank the gentleman for his comments 
and look forward to working with him and Mr. Gordon in the 
coming days to have a successful bill.
    And at this time, I would like to recognize the Chairman of 
the Full Committee, Mr. Boehlert.
    Chairman Boehlert. Thank you very much, Mr. Calvert.
    First of all, let me start by commending you. You have 
seized this opportunity in your new chairmanship of this very 
important subcommittee in a very responsible and professional 
way, and you are providing some really good leadership, and I 
thank you for that on behalf of the entire Committee, on both 
sides of the aisle, I might add. I think I can speak for my 
colleagues.
    And like Ranking Member Gordon, I, too, want a thoughtful 
response to the issue. And like Mr. Udall, with whom I team on 
a number of issues, I, too, seek a productive balance. But it 
should come as no surprise that we are at this point. We have 
been talking for over a year on reauthorizing NASA, and we have 
been working toward that objective. I would assume, and I think 
it is fair to assume this, but there has been ongoing dialogue 
Member to Member, staff to staff about the subject in general. 
Now we are getting down to the specifics, and we have provided 
something that is on the table for consideration, and I would 
expect that we would have every right to assume that we would 
get a response from our colleagues in the Democratic Party, and 
they would have some thoughtful ideas and probably some 
improvements to this bill and additions, maybe some suggested 
deletions. But in the spirit of this Committee, which has, I 
think, served the Congress and the American people so well in 
working cooperatively, I would anticipate that the next week 
will be used to good advantage while Members are on their 
District work period. And incidentally most of us, I know 
Republican and Democrat alike from talking with my colleagues, 
will actually be working back home in the District, not off to 
some exotic place like we would like to go on vacation. But the 
staffs, as always, will be working back here, on both sides of 
the aisle, to talk things through, and so then when we get 
back, hopefully we can have some paper from both sides. We have 
got something from our side, and we would welcome and be most 
receptive to any specific proposals the other side, and I don't 
mean to phrase it in that way, but the other side. It is like 
we are two opponents. We are not opponents, we are partners in 
this whole process. So then the final analysis, we can go 
forward.
    I mean, the funding is only for 1 year, but it really is a 
multi-year bill. And we are making a number of changes in law. 
And I think all of us walked away from the hearing yesterday 
with Administrator Griffin very confident that the Agency is in 
good hands, with a decisive professional who knows the 
business, who is committed to the proposition that we will have 
a safe program, the safest program humanly possible in terms of 
human space flight, but also recognizes how much importance we 
attach to having a balanced program. Mr. Udall, you and I are 
particularly concerned about that with Earth science and space 
science and some of the other activities not being neglected so 
that everything will focus on just one phase of a multi-faceted 
agency.
    Right now, understandably, we are all sort of zeroing in on 
the big moment expected to come on July 13, and we are planning 
toward that day, and that is occupying a disproportionate share 
of a lot of people's attention. But in the meantime, I would 
hope our staffs could work well together and we can continue 
the relationship we have enjoyed these many years under my 
chairmanship and produce a product that will be worthy of 
support on both sides of the aisle and will have, as I like to 
say, fingerprints of all of the Members all over it.
    Thank you very much.
    Chairman Calvert. I thank the Chairman. And without 
objection, Members may place their statements in the record at 
this point.
    [The prepared statement of Mr. Honda follows:]
         Prepared Statement of Representative Michael M. Honda
    Chairman Calvert and Ranking Member Udall, usually I would begin by 
thanking you for holding this markup, but today I cannot. I believe the 
timing of this markup is inappropriate the bill was first provided to 
the minority on Friday afternoon, and a major hearing with the NASA 
Administrator was held just yesterday morning.
    We have been hearing that a NASA authorization bill was coming for 
years now, but did not get to see it until a few days ago and are now 
being asked to mark it up without sufficient time to review the bill 
and develop amendments to address what we believe are the shortcomings 
with the bill. The bill contains only one number, the overall funding 
level, for one year. Members from both sides of the aisle have 
expressed concerns about the balance of the Agency, but the bill 
provides no funding guidance for this year and those beyond as to what 
we actually mean by balance. Since we were not allowed time to develop 
amendments prior to today's markup, I will not be offering any, but I 
intend to do so when this bill comes before the Full Committee.
    Also, by holding this markup only one day after the testimony by 
Administrator Griffin, the impression I get is that the Majority 
doesn't care at all about what he told us, since there is no 
opportunity to incorporate elements of his testimony in the bill. For 
example, in response to one of my questions, Administrator Griffin 
testified that he does not believe there is any benefit to converting 
NASA's Field Centers into Federally Funded Research and Development 
Centers (FFRDCs), and yet one of the elements of the bill we are 
marking up to day is a report on that very subject.
    Mr. Chairman, this is a very unusual authorization bill. It is very 
different from the traditional authorization bill passed by the Senate 
Commerce, Science, and Transportation Committee, which means that your 
rationale for holding a quick markup, so that we can rapidly get this 
bill into conference so it can be signed into law, is a false one. 
Reconciling this bill with the Senate's may well be impossible, and so 
I again express my disapproval over the scheduling of this markup at 
this time.

    [The prepared statement of Ms. Jackson Lee follows:]
        Prepared Statement of Representative Sheila Jackson Lee

Mr. Chairman,

    NASA is at a very pivotal moment in its history and therefore it is 
the responsibility of this committee to ensure that the future of NASA 
is one of continued progress. After the tragic Columbia Space Shuttle 
accident this Congress and this committee were forced to reevaluate the 
NASA's purpose. I have stated that safety must be the number one 
priority of NASA, however this should not deter NASA from pushing the 
boundaries of technology and discovery.
    While I support this NASA Authorization it does not ally all of my 
concerns. I have been supportive of President Bush's Vision for Space 
Exploration because I firmly believe that the investment we make today 
in science and exploration will pay large dividends in the future. 
Similarly, I do not want to put a cap on the frontiers of our 
discovery, NASA should aim high and continue to push our nation at the 
forefront of space exploration. However, I find it hard to be more 
supportive of the President's plan, when I have no real specifics as to 
what this plan will entail. Large missions of this sort require 
detailed planning and as a Members of Congress we deserve to know how 
exactly the President's plan proposes to accomplish its objectives so 
that we can set out the proper resources and provide the necessary 
oversight. In addition, the President stated that the fundamental goal 
of his directive for the Nation's space exploration program is ``. . 
.to advance U.S. scientific, security, and economic interests through a 
robust space exploration program.'' I could not agree more with that 
statement; unfortunately, this President's own budget does not meet the 
demands of his ambitious agenda. One year after the Administration laid 
out a five-year funding plan for NASA that was intended to demonstrate 
the affordability and sustainability of the exploration initiative, the 
Administration submitted a budget proposal for 2006 that would reduce 
that funding plan by $2.5 billion over the next four years. For 
example, in 2006, the Administration is seeking $546 million less than 
it said would be needed for NASA in 2006 in the five-year funding plan 
that accompanied last year's request. In fact 75 percent of the $2.5 
billion shortfall will fall to NASA's science and aeronautics programs. 
This kind of under-funding for vital programs is unacceptable. Again, 
it is even more alarming because the President has not provided a 
detailed plan as to how he intends to accomplish his space exploration 
agenda; certainly draining money from the budget will not help that 
cause. I hope that this NASA Authorization will address these budget 
shortfall issues and provide a more thorough and clear plan as to when 
these NASA goals can be accomplished.
    Again, while I am supporting this Authorization in Subcommittee 
today, I continue to hold concerns about this bill's clarity. I hope 
the majority side of this committee will work with the minority to 
address the concerns of all Members of this committee in advance of a 
Full Committee markup. Among the issues I will push are the role and 
work of minority serving institutions with NASA and safety especially 
abroad the International Space Station. I believe all of us on this 
committee support the mission of NASA, but we must continue to give it 
structure.

    Chairman Calvert. We will now consider H.R. 3070, the 
National Aeronautics and Space Administration Authorization Act 
of 2005. I ask unanimous consent that the bill is considered as 
read and open to amendment at any point, that Members proceed 
with the amendments in order of their roster. Without 
objection, so ordered.
    The first amendment on the roster is a manager's amendment 
offered by the Chairman.
    I have an amendment at the desk. The Clerk will report the 
amendment.
    The Clerk. Amendment to H.R. 3070 offered by Mr. Calvert of 
California. Page 2, line 6, insert ``as we enter--''
    Chairman Calvert. I would ask unanimous consent to dispense 
with the reading and that the amendment is considered en bloc. 
Without objection, so ordered.
    I recognize myself to explain the amendment.
    Members will find the text of the amendment as well as a 
summary in their packets. This amendment makes a number of 
small, clarifying changes and also accommodates a number of our 
Members by including their proposed amendments. Some of these 
include a report from NASA on the extent to which the CEV will 
allow for crew escape and a description of the steps NASA will 
take to retain needed employees as it develops the human 
capital strategy that the underlying bill calls for.
    If there is any discussion on these--on this amendment--if 
there is no further discussion on the amendment, if no, the 
vote occurs on the amendment. All of those in favor will say 
aye. Those opposed, no. The ayes have it, and the amendment is 
agreed to.
    The second amendment that is on the roster is offered by 
the gentlewoman from Texas, Ms. Jackson Lee, which I am 
prepared to accept.
    Ms. Jackson Lee, you are ready to proceed with your 
amendment?
    Ms. Jackson Lee. Yes, Mr. Chairman.
    Chairman Calvert. I would--okay, if the Clerk will report 
the amendment.
    The Clerk. Amendment to H.R. 3070 offered by Ms. Jackson 
Lee of Texas, page 15, line 6, strike ``and--''
    Chairman Calvert. I would ask for unanimous consent to 
dispense with the reading. Without objection, so ordered.
    The gentlewoman is recognized for five minutes to explain 
the amendment.
    Ms. Jackson Lee. I thank you very much, Mr. Chairman, and I 
can see the point that a NASA authorization bill is extremely 
important, and I appreciate the work that has been done, but I 
join my colleagues, Mr. Udall, and certainly, Mr. Gordon, to 
hope that as we move along, that we will have an expanded 
opportunity to share in the vision.
    This amendment, which I appreciate, I will briefly 
summarize, and--to acknowledge the importance of this 
amendment. Simply, this amendment deals with requiring the 
NASA, in its budget process, to include a line item as it 
relates to safety. One year after the Administration laid out a 
five-year plan for NASA that was intended to demonstrate the 
affordability and sustainability of the exploration initiative, 
the Administration submitted a budget. But in that budget, in 
the budget that NASA has, they do not offer--they do not have 
in there the provisions dealing with safety. So this amendment 
simply asks NASA to submit in its budget request a line item 
for safety. When the question was asked by me, they were not 
able to give a specific answer. They indicated that they 
thought it was around $40 million. With the International Space 
Station and our return to human Space Shuttle and our efforts 
to go to the moon, I think that this is a helpful amendment to 
give Congress guidance on how we can encourage NASA to 
encourage or utilize more dollars for safety.
    With that, I would ask my colleagues to support the 
amendment, and I ask unanimous consent that my entire statement 
may be submitted in the record.
    Chairman Calvert. Without objection, so ordered.
    [The prepared statement of Ms. Jackson Lee follows:]
        Prepared Statement of Representative Sheila Jackson Lee
    We are in agreement on both sides of the aisle that safety must be 
the number one priority of NASA as it moves forward. I want to thank 
the Chairman of the Space and Aeronautics Subcommittee Mr. Calvert for 
accepting my amendment, which would require NASA to report in its 
budget submission how much is spent on safety funding each year. I 
believe this is a concrete step in allowing Congress to examine whether 
proper resources are being allocated towards ensuring the safety of our 
NASA personnel.
    Earlier this year during the NASA Budget hearing I asked officials 
how much money in the NASA Budget was dedicated to safety. The response 
I received was that money for safety activities was not put in its own 
separate budget function but spread throughout the NASA budget. When 
this question was probed further and submitted in writing to NASA the 
response I received was that while safety is one of NASA's core values 
and is embedded in all that they do throughout the Agency, they could 
only approximate a figure of $400 million in their FY 2006 budget 
request. Furthermore, this figure also did not include many programs 
which they had not determined the amount of money spent on safety 
activities. My amendment will require that such clear and precise 
safety funding numbers are provided each year.
    My amendment will be especially helpful to members of this 
committee as well as to Members of the Appropriations and Budget 
Committee. This language will allow Members of Congress to clearly see 
how safety funding is increasing or decreasing over a period of time 
and whether the amount being requested is sufficient for the missions 
NASA seeks to undertake. While there is clearly much work to be done to 
ensure the safety of NASA personnel, I believe my amendment is one that 
will pay immediate dividends on this vital issue.

    Chairman Calvert. Any discussion on this amendment? I am 
prepared to accept this amendment. I think it works towards 
safety, which I know the gentlelady from Houston has been very 
concerned about. And if there is no further discussion, the 
vote occurs on the amendment. All of those in favor, say aye. 
Those opposed, no. And the agreement is agreed to.
    Any further amendments?
    Hearing none, the vote is on the bill, H.R. 3070, the 
National Aeronautics and Space Administration Act of 2005, as 
amended. All of those in favor, say aye. All of those opposed--
--
    Mr. Udall. Mr. Chairman, on that question, I would ask for 
a recorded vote.
    Chairman Calvert. There is a request for a recorded vote. 
Those in favor of the bill will signify by saying aye. Those 
opposed, no. The Clerk will please record the vote.
    The Clerk. Mr. Calvert.
    Chairman Calvert. Aye.
    The Clerk. Mr. Calvert votes yes.
    Mr. Hall.
    Mr. Hall. Aye.
    The Clerk. Mr. Hall votes yes.
    Mr. Smith.
    Mr. Smith. Aye.
    The Clerk. Mr. Smith votes yes.
    Mr. Rohrabacher.
    Mr. Rohrabacher. Aye.
    The Clerk. Mr. Rohrabacher votes yes.
    Mr. Bartlett.
    [No response.]
    The Clerk. Mr. Lucas.
    Mr. Lucas. Yes.
    The Clerk. Mr. Lucas votes yes.
    Mr. Forbes.
    Mr. Forbes. Yes.
    The Clerk. Mr. Forbes votes yes.
    Mr. Bonner.
    Mr. Bonner. Aye.
    The Clerk. Mr. Bonner votes yes.
    Mr. Feeney.
    [No response.]
    The Clerk. Mr. McCaul.
    Mr. McCaul. Aye.
    The Clerk. Mr. McCaul votes yes.
    Mr. Boehlert.
    Chairman Boehlert. Aye.
    The Clerk. Mr. Boehlert votes yes.
    Mr. Udall.
    Mr. Udall. Present.
    The Clerk. Mr. Udall votes present.
    Mr. Wu.
    [No response.]
    The Clerk. Mr. Honda.
    Mr. Honda. Present.
    The Clerk. Mr. Honda votes present.
    Mr. Miller.
    Mr. Miller. Present.
    The Clerk. Mr. Miller votes present.
    Ms. Jackson Lee.
    Ms. Jackson Lee. Aye.
    The Clerk. Ms. Jackson Lee votes aye.
    Mr. Sherman.
    [No response.]
    The Clerk. Mr. Costa.
    Mr. Costa. Present.
    The Clerk. Mr. Costa votes present.
    Mr. Green.
    [No response.]
    The Clerk. Mr. Melancon.
    Mr. Melancon. Present.
    The Clerk. Mr. Melancon votes present.
    Mr. Chairman, yes, 10; present, 5.
    Chairman Calvert. And the motion is agreed to.
    The Clerk. Mr. Gordon is not recorded.
    Mr. Gordon. Present.
    The Clerk. Mr. Gordon votes present.
    Mr. Chairman, yes, 10; present, 6.
    
    
    Chairman Calvert. And the amendment is agreed to.
    I recognize Mr. McCaul to offer a motion.
    Mr. McCaul. Mr. Chairman, I offer a motion to report. I 
move that the Subcommittee favorably report the bill H.R. 3070, 
as amended, to the Full Committee. And further, I ask unanimous 
consent that the staff be instructed to make all necessary 
technical and conforming changes to the bill, as amended, in 
accordance with the recommendations of the Subcommittee.
    Chairman Calvert. The question is on the motion to report 
the bill favorably. Those in favor of the motion will signify 
by saying aye.
    Mr. Udall. Mr. Chairman, I would ask, in this question, for 
a recorded vote.
    Chairman Calvert. The gentleman asks for a recorded vote. 
The Clerk will please call the role.
    The Clerk. Mr. Calvert.
    Chairman Calvert. Aye.
    The Clerk. Mr. Calvert votes yes.
    Mr. Hall.
    Mr. Hall. Aye.
    The Clerk. Mr. Hall votes yes.
    Mr. Smith.
    Mr. Smith. Aye.
    The Clerk. Mr. Smith votes yes.
    Mr. Rohrabacher.
    Mr. Rohrabacher. Yes.
    The Clerk. Mr. Rohrabacher votes yes.
    Mr. Bartlett.
    [No response.]
    The Clerk. Mr. Lucas.
    Mr. Lucas. Yes.
    The Clerk. Mr. Lucas votes yes.
    Mr. Forbes.
    Mr. Forbes. Yes.
    The Clerk. Mr. Forbes votes yes.
    Mr. Bonner.
    Mr. Bonner. Aye.
    The Clerk. Mr. Bonner votes yes.
    Mr. Feeney.
    [No response.]
    The Clerk. Mr. McCaul.
    Mr. McCaul. Aye.
    The Clerk. Mr. McCaul votes yes.
    Mr. Boehlert.
    Chairman Boehlert. Aye.
    The Clerk. Mr. Boehlert votes yes.
    Mr. Udall.
    Mr. Udall. Present.
    The Clerk. Mr. Udall votes present.
    Mr. Wu.
    [No response.]
    The Clerk. Mr. Honda.
    Mr. Honda. Present.
    The Clerk. Mr. Honda votes present.
    Mr. Miller.
    Mr. Miller. Present.
    The Clerk. Mr. Miller votes present.
    Ms. Jackson Lee.
    Ms. Jackson Lee. Aye.
    The Clerk. Ms. Jackson Lee votes aye.
    Mr. Sherman.
    [No response.]
    The Clerk. Mr. Costa.
    Mr. Costa. Present.
    The Clerk. Mr. Costa votes present.
    Mr. Green.
    [No response.]
    The Clerk. Mr. Melancon.
    Mr. Melancon. Present.
    The Clerk. Mr. Melancon votes present.
    Mr. Gordon.
    Mr. Gordon. Present.
    The Clerk. Mr. Gordon votes present.
    Mr. Chairman, yes, 10; present, 6.
    
    
    Chairman Calvert. The ayes have it, and the bill is 
favorably recorded.
    Without objection, the motion to reconsider is laid upon 
the table.
    I want to thank the Members for their attendance. This 
concludes this subcommittee markup.
    [Whereupon, at 2:35 p.m., the Subcommittee was adjourned.]
                               Appendix:

                              ----------                              


H.R. 3070, Section-by-Section Analysis, Summary of H.R. 3070, Amendment 
     Roster, Summary of Manager's Amendment Offered by Mr. Calvert






  Section-by-Section Analysis of H.R. 3070, National Aeronautics and 
             Space Administration Authorization Act of 2005

Sec. 1. Short Title.

    The ``National Aeronautics and Space Administration Authorization 
Act of 2005''.

Sec. 2. Findings.

    Urges NASA to maintain robust programs in space science, Earth 
science, and aeronautics while it moves forward with plans to send 
Americans to the Moon, Mars, and beyond.

Sec. 3. Definitions.

Sec. 4. Responsibilities, Policies, and Plans.

    Charges NASA with carrying out a balanced set of programs including 
programs in human space flight, aeronautics research and development, 
and scientific research including space and Earth science. Encourages 
NASA to work with entrepreneurs, use commercial services to the extent 
practicable, and to involve other nations to the extent appropriate.
    Directs NASA to carry out the Vision for Space Exploration by 
returning Americans to the Moon no later than 2020, launching a Crew 
Exploration Vehicle as close to 2010 as possible, and conducting 
research on the impacts of space on the human body to enable long-
duration space exploration. Retires the Shuttle at the end of 2010 to 
enable agency resources to be devoted to the Vision.
    Requires the President, through the Administrator, to develop a 
national aeronautics policy to guide NASA's aeronautics programs 
through 2020. Directs the policy be delivered to Congress with the 2007 
budget request.
    Requires NASA to develop a policy to guide agency space and Earth 
science programs through 2020. Requires the policy to prioritize the 
Agency's scientific missions and address NASA's plans on servicing the 
Hubble Space Telescope. Directs the policy be delivered to Congress 
with the 2007 budget request.
    Requires NASA to develop a plan for managing its facilities, 
including a description of any facilities NASA intends to build or no 
longer to use. Directs the plan be delivered to Congress with the 2008 
budget request.
    Requires NASA to develop a human capital strategy to ensure that it 
has a workforce of the appropriate size and with the appropriate skills 
to carry out programs and policies of this Act. Limits NASA's 
flexibility in offering buyouts or subjecting employees to Reductions 
in Force until 60 days after the plan is submitted with the President's 
budget for fiscal year 2007.
    Requires NASA to conduct a study evaluating whether any of it 
centers should be operated by or with the private sector. Directs the 
study be delivered to Congress by May 31, 2006.
    Directs the President's budget for NASA to include documents 
showing the requests for aeronautics, space science, Earth science, and 
agency administrative expenses, and comparable figures for each 
activity for each of the two previous fiscal years.

Sec. 5. Authorization of Appropriations.

    Authorizes to be appropriated to NASA $16,471,050,000 for fiscal 
year 2006, the same amount provided in the House Science, State, 
Justice and Commerce Appropriations Bill for FY 2005. This amount is 
approximately $15 million above the President's FY 2006 request.

Sec. 6. Reports.

    Requires NASA to report certain details regarding the Vision for 
Space Exploration and for other NASA programs by the end of this fiscal 
year.
    Requires NASA to report estimated costs of the Crew Exploration 
Vehicle and the impact of those on other agency programs through 2020.
    Requires NASA to report its plans for updating the system of space 
communications and navigation architecture to carry out lunar and deep 
space missions.
    Requires NASA to submit a report to Congress describing its plans 
to carry out the ``awareness campaign'' required by the report 
accompanying the FY 2006 House Science, State, Justice, and Commerce 
Appropriations Bill.
    Requires NASA to develop a transition plan for government and 
contractor personnel engaged in the Space Shuttle program.
    Requires NASA and the Department of Energy jointly to describe 
their plans to develop a proposed astronomy research mission to study 
dark energy.
    Requires the Director of the Office of Science and Technology 
Policy (OSTP) to conduct a study to evaluate whether any research NASA 
conducts is unnecessarily duplicating aspects of programs of other 
federal agencies or whether it is neglecting areas of research in the 
national interest related to NASA's mission.

Sec. 7. Baselines and Cost Controls.

    Adapts language that currently applies to the Department of Defense 
to require NASA to report annually on the status (including cost, 
schedule and performance) of ``major'' programs. Requires notification 
to Congress and an internal evaluation of any major program that 
exceeds its originally estimated development cost by more than 15 
percent or exceeds its originally planned schedule by more than six 
months. Requires Congress to evaluate whether to continue the major 
program in the event that it exceeds its originally estimated 
development cost by more than 30 percent or $1 billion. Defines major 
programs as those with life-cycle costs of over $100,000,000.

Sec. 8. Prize Authority.

    Gives NASA authority to conduct competitions for cash prizes, 
modeled after the X-Prize won last year by famed airplane designer Burt 
Rutan and his SpaceShipOne, to stimulate innovative technology 
development. Allows NASA to enter into an agreement with a private, 
non-profit entity to administer prize competitions. Gives NASA the 
authority to accept private funds and funds from other agencies for 
cash prizes. Does not limit the amount of a prize, but requires NASA 
first to report to the Congress before offering any prize worth more 
than $10,000,000.

Sec. 9. Miscellaneous.

    Grants NASA authority it is seeking to give State and local law 
enforcement officers jurisdiction over NASA-owned research centers to 
allow them to enforce speeding, drunk driving, and other laws.
    Makes technical amendments to the NASA Scholarship program.
    Grants NASA an extension it is seeking on an expiring provision in 
the Space Act of 1958, which allows NASA to indemnify developers of 
experimental aerospace vehicles with which NASA is involved in a 
cooperative partnership.
    Repeals the limitation on expenditures (cost cap) for the 
International Space Station.

Sec. 10. Foreign Launch Vehicles.

    Requires NASA to launch missions on foreign launch vehicles only in 
accordance with the President's Space Transportation Policy, announced 
December 21, 2004.

Sec. 11. Coordination with the National Oceanic and Atmospheric 
                    Administration.

    Requires NASA and the National Oceanic and Atmospheric 
Administration (NOAA) to coordinate their respective Earth science 
activities to ensure that any technologies developed in NASA's Earth 
science programs can be efficiently transferred to NOAA.

Sec. 12. Charles ``Pete'' Conrad Astronomy Awards.

    Includes the text of H.R. 1023, a bill to authorize the NASA 
Administrator to establish an awards program in honor of Charles 
``Pete'' Conrad, astronaut and space scientist, for recognizing the 
discoveries made by amateur astronomers of asteroids with near-Earth 
orbit trajectories.

Sec. 13. George E. Brown, Jr. Near-Earth Object Survey

    Includes the text of H.R. 1022, a bill authorizing NASA to conduct 
a Near-Earth Object Survey program to detect, track, catalogue, and 
characterize certain near-Earth asteroids and comets.
    Short Summary of H.R. 3070, the National Aeronautics and Space 
                Administration Authorization Act of 2005

Overall Mission: The bill charges NASA with carrying out a balanced set 
of programs including programs in human space flight, aeronautics 
research and development, and scientific research including space and 
Earth science. It encourages NASA to work with entrepreneurs and to 
involve other nations to the extent appropriate.

Vision for Space Exploration: The bill directs NASA to return Americans 
to the Moon no later than 2020, launch a Crew Exploration Vehicle as 
close to 2010 as possible, and conduct research on the impacts of space 
on the human body to enable long-duration space exploration. The bill 
directs NASA to retire the Shuttle at the end of 2010.

New Policies and Plans: The bill requires the Administration to develop 
policies and plans to guide NASA's efforts in missions other than human 
space flight and in managing its facilities and workforce:

          The bill requires the President, through the 
        Administrator to develop a national aeronautics policy to guide 
        NASA's aeronautics programs. The report is due with the 
        President's FY 2007 budget request.

          It requires NASA to develop a policy to guide NASA's 
        programs in space and Earth science, drawing on the work of the 
        National Academy of Sciences, and requires the agency to 
        prioritize its scientific missions. The bill requires the 
        policy to describe NASA's plans in regard to servicing the 
        Hubble Space Telescope. The report is due with the President's 
        FY 2007 budget request.

          The bill requires NASA to develop a plan for managing 
        its facilities, including a description of any facilities NASA 
        intends to build or no longer to use. The report is due with 
        the President's FY 2008 budget request.

          The bill also requires NASA to develop a human 
        capital strategy to ensure that it has a workforce of the 
        appropriate size and with the appropriate skills. It limits 
        NASA's flexibility to reduce its workforce until 60 days after 
        the plan is submitted. The report is due with the President's 
        FY 2007 budget request.

Transparency in Program Management: The bill provides incentives for 
good program management by requiring annual reporting on programs 
costing over $100 million and initiating reviews of any such program 
that experiences large cost overruns or schedule delays.

Prizes: Gives NASA the authority to conduct competitions for cash 
prizes, modeled after the X-Prize won last year by famed airplane 
designer Burt Rutan and his SpaceShipOne, to stimulate innovative 
technology development.

Reports: The bill requires NASA to report to Congress on its plans in a 
number of areas, including its strategy for sending humans to the Moon, 
the costs of the Crew Exploration Vehicle, a plan for updating the 
U.S.'s system of space communications and navigation satellites, and a 
plan for helping NASA's Shuttle workforce make the transition to other 
jobs.

Miscellaneous Provisions: The bill includes several miscellaneous 
provisions, including an extension of NASA's indemnification authority, 
programs addressing near-Earth asteroids and comets, and a requirement 
for better coordination between NASA and the National Oceanic and 
Atmospheric Administration (NOAA) on Earth science missions.

Funding: The bill authorizes to be appropriated to NASA $16,471,050,000 
for fiscal year 2006, the same amount provided in the House Science, 
State, Justice and Commerce Appropriations Bill for FY 2005, or 
approximately $15 million above the President's FY 2006 request.


   Summary of Manager's Amendment to H.R. 3070 Offered by Mr. Calvert
    The Amendment makes a number of additions and small clarifying 
changes to the underlying bill, H.R. 3070, the National Aeronautics and 
Space Administration Authorization Act of 2005.
    The more significant changes the amendment makes include the 
following:

          Adds a reference to the present era as the ``Second 
        Space Age'' in a finding of the underlying bill that relates to 
        NASA's multiple missions in human space flight, aeronautics and 
        science.

          Adds a requirement that the Administrator include a 
        description of the steps NASA will use ``to retain needed 
        employees'' in the human capital strategy required by the 
        underlying bill.

          Strikes a provision in the bill requiring NASA to 
        annually report its General and Administrative expenses with 
        the President's budget and creates a new provision requiring 
        NASA to produce such information upon request from the 
        Committee.

          Adds a requirement that NASA report in the 
        President's annual budget the amount of unobligated funds 
        carried over into the current year from the previous fiscal 
        year. (The underlying bill already requires NASA to report its 
        expected unobligated balances that will remain at the end of 
        the current year and at the end of the following year.)

          Adds a requirement that NASA report to the Committee 
        on ``the extent to which the Crew Exploration Vehicle will 
        allow for the escape of the crew in the event of an 
        emergency.''

          Adds flexibility to the requirement in the underlying 
        bill concerning the ``national awareness campaign'' (which the 
        FY06 House Science, State, Justice and Commerce Appropriations 
        bill directed NASA to undertake) by making it clear that 
        awareness campaign activities can begin immediately but require 
        Congressional notice.

          Adds a requirement that the Office of Science and 
        Technology Policy (OSTP) include a list of all the R&D programs 
        of federal agencies other than NASA that OSTP will have 
        reviewed in conducting a study that the underlying bill 
        requires to determine whether NASA's research programs are 
        duplicative of those in other agencies or neglectful of any 
        related national needs.
        
        



 XXII. PROCEEDINGS OF THE FULL COMMITTEE MARKUP ON H.R. 3070, THE NASA 
                       AUTHORIZATION BILL OF 2005

                              ----------                              


                        THURSDAY, JULY 14, 2005

                          House of Representatives,
                                      Committee on Science,
                                                    Washington, DC.
    The Committee met, pursuant to call, at 11:15 a.m., in room 
2318 of the Rayburn House Office Building, Hon. Sherwood L. 
Boehlert (Chairman of the Committee) presiding.
    Chairman Boehlert. Before we get to the important work of 
the day, the markup of the NASA authorization bill, let me 
point out to members that we are awaiting word from NASA on 
return to flight. As soon as we have word when, we will notify 
everyone by e-mail, so stay tuned. They are meeting--the NASA 
team is meeting as we speak, and we may have something early 
afternoon about the intentions.
    And let me point out to all of you who came down to the 
Cape yesterday, thank you very much. We witnessed a NASA 
success story in the making. The success was that they 
identified the problem, and they scrubbed their flight before 
the problem became something that was more serious. And so we 
congratulate the team at NASA, and we commend them to continue 
their hard work with the hope and expectation that shortly we 
will be able to return to flight and continue exploration.
    Good morning. The Committee on Science will come to order.
    Pursuant to notice, the Committee on Science meets to 
consider the following measure: H.R. 3070, the National 
Aeronautics and Space Administration Authorization Act of 2005. 
I ask unanimous consent for the authority to recess the 
Committee at any point during consideration of these matters, 
and without objection, it is so ordered.
    We will now proceed with the markup, beginning with the 
opening statements. And I will start with mine.
    I want to welcome everyone to this morning's important 
markup. We have been talking about doing a NASA bill on this 
Committee for a long time, and we have been delayed by the 
Columbia tragedy, by changes in plans at NASA, and by changes 
in leadership at NASA. But now this morning, we are finally 
ready to go. I am confident that we won't have any last-minute 
glitches at the launch.
    I will talk about the bill in detail when we get to the 
appropriate point in the markup. For now, let me just thank 
Chairman Calvert for his steadfast leadership on this bill. He 
has kept everyone focused and moving forward. And I want to 
especially thank Mr. Gordon and Mr. Udall for their willingness 
to engage in meaningful deliberations, at both the member and 
staff level, to talk about the issues in detail, to swap points 
of view, and in the end, to develop a package that we can all 
embrace.
    We can now move forward as a unified team when we negotiate 
with the Senate. Those negotiations will not be easy. The 
Senate bill places far too much emphasis on the status quo and 
fails to make the kinds of choices necessary to give NASA a 
forward-looking and sustainable program. We have got our work 
cut out for us, but the good news is that we will continue to 
work as a team.
    Once again, let me commend the principals involved, Mr. 
Gordon, Subcommittee Chair Calvert, and Subcommittee Ranking 
Member, Mr. Udall.
    We expect the bill to come to the Floor next week. So at 
least the House part of the process will have moved at a rapid 
pace from Subcommittee to the Floor.
    I should say that there are some issues we are putting off 
today. Most significant is the Iran Non-proliferation Act. We 
received the Administration proposal right before the July 4 
recess, and we are still reviewing it, as is the International 
Relations Committee.
    I do not think that a final NASA bill should come to the 
Floor until we have resolved this issue. And I think we will 
resolve in a timely fashion, but I have no idea, at this point, 
what the resolution will be. So I appreciate the urgency of the 
issue, and I know Mr. Rohrabacher will offer and withdraw an 
amendment on INA today to spark some discussion. I hope we will 
be able to move forward on this issue soon.
    There are also a variety of technical drafting issues and 
provisions from NASA and some of our members that we could not 
get in time for this markup, given the time required to 
negotiate the bipartisan compromise. Those will be handled in a 
bipartisan manager's amendment on the Floor.
    So let me conclude by saying that I am pleased that we are 
at the point we are today. We have a strong, thoughtful, truly 
bipartisan bill that will strengthen NASA and move it forward. 
Let us start our countdown to launching this bill.
    [The statement of Mr. Boehlert follows:]
    
    
    Chairman Boehlert. Mr. Gordon.
    Mr. Gordon. Thank you, Mr. Chairman, and good morning 
everyone.
    When the Space and Aeronautics Subcommittee marked up H.R. 
3070 shortly before the 4th of July recess, Representative 
Udall and I expressed some significant concerns that we and 
other members of the Committee's Democratic caucus had about 
the bill.
    At that time, we discussed some of the essential principles 
that we believe should be reflected in the NASA authorization.
    First, we believe that NASA is and should remain a multi-
mission agency with a robust set of R&D activities in science, 
aeronautics, and human space flight.
    Second, we support the goal of human exploration beyond 
low-Earth orbit. We just want to make sure that it is going to 
be properly paid for and not funded by cannibalizing NASA's 
other important missions.
    To that end, we believe it is important to do what we can 
to ensure that adequate firewalls exist between NASA's accounts 
so that a productive balance is maintained between NASA's core 
missions while still providing sufficient flexibility to deal 
with emergencies. We also think that providing multi-year 
funding guidance in the NASA authorization is another important 
way of supporting an appropriate balance among the agency's 
programs.
    Third, we also think it is important to establish 
priorities within NASA's exploration programs, as well as the 
agency's other accounts. The fiscal situation is only going to 
get worse over the next few years, and we need to be sure that 
NASA's exploration program is spending its money wisely and 
focusing on the highest priority tasks.
    In that regard, we believe that the development of the Crew 
Exploration Vehicle should be the highest priority for the next 
several years, along with planning to better define the overall 
exploration architecture and its prioritized implementation 
plan.
    Fourth, we believe that since the Nation has invested 
significant taxpayer funds in the development of an 
International Space Station, NASA should ensure that we make 
sure of its potential to advance fundamental and applied 
science, not just to support the exploration initiative. And of 
course, we should honor our international commitments to the 
International Space Station program.
    Finally, we also believe that while goals can be useful, it 
isn't wise to try to write them into law as hard deadlines. 
Both safety considerations and common sense argue that NASA 
needs to have flexibility to accommodate changing situations, 
whether technical, operational, or budgetary in nature. And I 
am pleased that the manager's amendment avoids such hard 
deadlines.
    Having said all of that, the Democratic members of the 
Committee decided that the most appropriate response to our 
unhappiness with H.R. 3070 would be to offer a responsible 
alternative that reflects those principles.
    And that is what we did. With useful input from all of the 
Democratic members of our Committee, as well as provisions from 
the Senate's version, we drafted H.R. 3250, which was formally 
introduced earlier this week.
    The provisions in that bill provided the basis for very 
constructive negotiations between Chairman Boehlert and 
Chairman Calvert over the last week. As a result, many of the 
provisions from H.R. 3250 are now incorporated in part or in 
total in the manager's amendment that we will consider shortly.
    Thus, if the manager's amendment is adopted, the NASA 
authorization bill will include some of the following: multi-
year funding guidance; legislative language and restructuring 
budgetary accounts to help provide funding firewalls and ensure 
balance is maintained; increased funding for NASA's science 
programs; funding for fundamental, applied, and commercial 
microgravity research; funding for the Hubble servicing 
mission; funding for a revitalized aeronautics R&D program at 
NASA, with policy guidance from Representative Udall's 
aeronautics bill; provisions to address workforce and 
infrastructure issues; priorities for the human exploration 
program, as well as a number of other provisions that some of 
my colleagues would like to discuss.
    Mr. Chairman, we have a rocky--we had a rocky start, but I 
believe we have ended up with a good bill. I want to thank you 
and Chairman Calvert for your willingness to listen to our 
suggestions for addressing issues of concern. And I think that 
the bill, as amended by our manager's amendment, is a good one, 
and one that I will be happy to support.
    Thank you, and I yield back the balance of my time.
    [The statement of Mr. Gordon follows:]
    
    
    Chairman Boehlert. Thank you very much, Mr. Gordon.
    Thank you very much for emphasizing the constructive 
working partnership we have that produces, on this Committee, 
results that we all can be proud of.
    With that, I recognize Mr. Calvert, the Chairman of the 
Subcommittee on Space and Aeronautics. Let me point out, this 
is his maiden voyage as Chairman, and he has done an 
outstanding job. He has been tireless in his effort. He is 
getting out all across the country to the NASA facilities. No 
one has worked any harder or deserves any more credit than Mr. 
Calvert.
    Mr. Chairman, you are recognized.
    Mr. Calvert. Thank you, Mr. Chairman.
    And I know we are all disappointed about the Shuttle 
Discovery's scrubbed mission yesterday, but we are looking 
forward to NASA safely returning to flight soon.
    Our civil space program excites the world. In a Gallup poll 
released this week, more than \3/4\ of the American public 
support a new plant for space exploration. Yesterday, almost 50 
members of the House and several Senators went to launch--went 
to the launch to witness the return of flight nearly 2\1/2\ 
years since the Columbia accident.
    Today's markup is also a great event. We are having a Full 
Committee markup of the NASA authorization bill for 2005. The 
last time that we had a NASA authorization bill was in 2000. I 
want to commend the Chairman, Chairman Boehlert, and Ranking 
Members Gordon and Udall, for their cooperation in carefully 
crafting a bipartisan bill for our markup today. It has taken 
numerous meetings of the principals and long, hard hours of 
staff work on both sides to come to this very complex and 
balanced agreement. As mentioned, we are going to offer a 
bipartisan manager's amendment to the bill that members of the 
Space and Aeronautics Subcommittee marked up 2 weeks ago and 
reflects the agreements made over the last couple of weeks.
    The bill endorses the President's Vision for Space 
Exploration, the first time this has been done since the 
President announced the Vision January 14, 2004. The NASA 
Authorization Bill of 2005 is a balanced 2-year bill with 
support for human space flight, science, and aeronautics.
    Because NASA is undergoing a major transformation with its 
new Administrator, Dr. Mike Griffin, we have asked for a number 
of strategic plans in the areas of aeronautics, science, human 
capital and facilities, including the test facilities. The bill 
addresses the need for NASA to make better use of commercial 
products, including software, as well as to work with 
entrepreneurs in accomplishing NASA's goals. We also included a 
version of the ``Nunn-McCurdy'' cost containment language that 
has been crafted for NASA and its development programs. Also, 
by remaining silent on the Shuttle program's length of 
operation, the bill provides the Administrator the flexibility 
to move forward with his plan to retire the Shuttle program in 
2010. Ending the Shuttle program at this time will free up 
funding to accelerate the development of the Crew Exploration 
Vehicle and to help to close the gap between the Shuttle and 
the CEV.
    NASA has promised Congress a number of other reports this 
fall in such areas as the number of Shuttle flights planned 
before its retirement, a description of the Crew Exploration 
Vehicle, a description of any heavy-lift vehicle that NASA may 
plan to develop, a plan for servicing the Hubble Space 
Telescope following the second test flight of the Shuttle, and 
the research agenda for the International Space Station and its 
proposed final configuration. These are key issues before the 
agency that Congress will examine over the next year. We have 
asked the Office of Science and Technology Policy to look at 
R&D programs across the Federal Government and to document all 
programs that may be duplicative in multiple agencies and also 
those that may have fallen through the cracks. We have also 
asked for NASA to consider various business models as it looks 
to the agency's restructuring. All of this information will 
enable Congress to craft legislation in the future which 
parallels the exciting changes and challenges NASA will face in 
the coming years.
    Again, I want to thank the Committee leadership and our 
working--hardworking staff for their efforts in putting 
together this bill. We hope to have a bill on the Floor, I 
hope, next week, and hopefully to conference with the Senate 
once their bill clears the Senate Floor. This is an important 
milestone for the Science Committee. I appreciate the hard work 
of the Chairman.
    With that, I yield back the balance of my time.
    [The statement of Mr. Calvert follows:]
    
    
    Chairman Boehlert. Thank you very much, Mr. Calvert.
    And now your partner in this venture, Mr. Udall from 
Colorado, who has also worked unselfishly and tirelessly to 
produce the product we have before us today.
    You are recognized, Mr. Udall, for any comments you might 
care to make.
    Mr. Udall. Thank you, Mr. Chairman.
    Let me start by thanking you, Ranking Member Gordon, and my 
friend, Subcommittee Chairman Mr. Calvert, for your work to 
reach a consensus on the bill.
    I know we share the same goal, which is a reauthorization 
bill that will give NASA clear direction for their future 
missions, like Hubble, aeronautics, and the moon-Mars 
initiative. And the manager's amendment provides a balanced 
policy directive to NASA that will allow the agency to continue 
to work toward the moon-Mars initiative, but also continue its 
vital research in the agency's other core areas.
    As I and Ranking Member Gordon had mentioned during the 
Subcommittee markup of the bill, a NASA authorization bill 
should ensure a productive balance is maintained between NASA's 
core missions: science, aeronautics, and human space flight, 
including human exploration. In particular, I am interested in 
establishing protections for the science and aeronautics 
programs, as these missions have encountered the most 
uncertainty recently with regard to funding and the 
continuation of many projects.
    By reorganizing NASA's budget accounts, I believe this will 
establish the proper protections to ensure that cost overruns 
in one account will not be taken out of another.
    Many of the missions, both for human space exploration and 
science, are anxiously awaiting the return to flight of the 
Space Shuttle, which I am confident, as everybody on this 
Committee is, will soon successfully be undertaken. One of 
these missions is the Hubble servicing mission. A National 
Research Council report called the Hubble space telescope: 
``the most powerful astronomical facility ever built.'' Hubble 
has provided inspiration worldwide to young and old, scientists 
and non-scientists alike. And after the public outcry about a 
possible cancellation of a mission to Hubble, I am pleased to 
see that this amendment not only includes a servicing mission, 
but also authorizes $150 million to be used for Hubble.
    Turning to aeronautics, progress in aeronautics is crucial 
to the health of the Nation's air transportation industry, 
which in turn is crucial both to the continued strength of our 
domestic economy and to our international competitiveness. When 
Dr. Griffin testified before our Committee, he stated, ``NASA 
does its best when our aeronautics programs are focused around 
key technical demonstrations, which are of a groundbreaking 
nature.'' I would wholeheartedly agree with this statement, and 
this is why I introduced legislation that names three 
breakthrough R&D initiatives in subsonic, supersonic, and 
rotorcraft.
    As we see other countries making increased investments into 
their aeronautics industry, it is even more important that we 
continue breakthrough research that will benefit our 
aeronautics industry, the Department of Defense, and NASA's 
other program areas.
    I want to also highlight another title of the amendment 
that will allow cities and municipalities better access to 
remote sensing data. In my home State of Colorado and cities 
throughout our country, we are faced with a real problem of 
excess growth and sprawl. We now have technology using 
geospatial data from satellites that can produce very accurate 
maps that show information about vegetation, flood plains, 
transportation, soil types, and many other things. The 
amendment includes provisions that would establish in NASA a 
program of grants for competitively-awarded pilot projects.
    Let me move also to the manager's amendment and what it 
does in regards to education and outreach within NASA. It is no 
secret to members of this Committee that the United States is 
falling behind in producing graduates in the so-called ``stem 
disciplines'': science, technology, engineering, and math. 
Every mission performed at NASA can inspire young students to 
continue to study the stem subjects. NASA's education programs 
are key to reaching these students at a young age. In that 
regard, I am particularly pleased by the authorization figures 
for the space grant program. This successful program provides 
hands-on experience to college students regarding space and 
science fields.
    And then lastly, I believe this amendment makes important 
steps to keep the NASA workforce informed of organizational 
changes and allow proper study and evaluation of any of these 
changes. Maintaining core competencies within NASA is dependent 
on maintaining a sufficient workforce. Working closely with the 
NASA workforce is important, and I believe the manager's 
amendment makes strides to do this.
    So Mr. Chairman, in closing, I am pleased, as well, that we 
have been able to come to a consensus. I appreciate very much 
the open dialogue that occurred, and I look forward to working 
with you, the Ranking Member, and all of the members of the 
Committee as we move this bill to the Floor and convene our 
negotiations with the Senate in the conference.
    And I yield back.
    [The statement of Mr. Udall follows:]
    
    
    Chairman Boehlert. Thank you very much.
    Without objection, members may place statements in the 
record at this point.
    [The statements of Ms. Johnson of Texas, Mr. Honda, Mr. 
Lincoln Davis and Ms. Jackson Lee follow:]


    Chairman Boehlert. We will now consider H.R. 3070, the 
National Aeronautics and Space Administration Authorization Act 
of 2005. I ask unanimous consent that the bill is considered as 
read and open to amendment at any point and that members 
proceed with the amendments in the order of the roster. Without 
objection, so ordered.
    Chairman Boehlert. The first amendment on the roster is an 
amendment offered in the nature of a substitute, offered by the 
Chair. I ask unanimous consent that the amendment in the nature 
of a substitute be treated as original text for purposes of 
amendment under the 5-Minute Rule. Without objection, so 
ordered.
    I have an amendment at the desk. The Clerk will report.
    Ms. Tessieri. Amendment in the nature of a substitute to 
H.R. 3070 offered by Mr. Boehlert of New York, for himself, Mr. 
Gordon of Tennessee, Mr. Calvert of California, and Mr. Udall 
of Colorado.
    Chairman Boehlert. As I mentioned in my opening statement, 
we have reached a thoughtful, bipartisan compromise, which is 
embodied in this substitute. I want to thank everyone who 
helped put together this compromise over many, many days and 
hours of negotiating, including the staff, but especially 
including the staff on both sides of the aisle, and Tim Brown 
from the Legislative Counsel's office, who worked to get us the 
formal language back so quickly.
    The principles behind this substitute are the same as the 
principles that underlie the bill Mr. Calvert and I introduced. 
We need a multi-mission NASA with a balanced set of programs, 
and we need to move away from the current human space flight 
activities so we will be able to implement the President's 
vision for human space flight.
    This substitute includes virtually all of the language that 
appeared in our bill, H.R. 3070, while bringing in many 
provisions from the Democrat proposal. Because of the 
compromise, the bill will now provide more specificity about 
authorization levels for fiscal years 2006 and 2007, will make 
those levels more enforceable, and will endorse a Hubble 
servicing mission, with the obvious caveat that it should not 
be done if the safety calculus changes. I think these are all 
very worthy provisions.
    The substitute also includes several provisions that were 
lacking in the Democrat bill, perhaps most importantly an 
endorsement of the goal of returning to the moon by the year 
2020. The substitute is also less prescriptive than the 
Democrat version was about both the aeronautics program and the 
Space Station research program.
    The thorniest issues in the negotiation were what to do 
about the current human space flight program. I have to say, 
this surprised me because the Station and Shuttle, which now 
account for about 40 percent of NASA's budget, eat up funds 
that should go to science and aeronautics and to the 
President's vision, all stated priorities of this Committee's 
leadership on both sides of the aisle.
    I think we have come to a reasonable compromise on these 
points.
    On Shuttle retirement, the substitute is silent, which 
allows the Administration to go ahead with its plan to retire 
the Shuttle by 2010.
    That retirement date is essential to have a forward-looking 
space program. The Shuttle is a magnificent achievement, as 
anyone who has seen it can attest. But as we learned again just 
yesterday, it is also a hellaciously complex and balky piece of 
equipment, outdated in many ways, and certainly not as safe as 
one would prefer, and it eats up a huge amount of money, 
whether it flies or not. We have to move on.
    As for the Space Station, we all want to see the 
International Space Station used to the extent possible, given 
our investment in this facility. But we should be using it only 
to the extent that research could not be performed better 
elsewhere and only to the extent that the International Space 
Station does not consume funds that could be spent more 
productively elsewhere. Those criteria significantly narrow the 
ISS research agenda.
    The substitute includes more direction about Space Station 
research than does H.R. 3070 and specifically requires that 
some of the research not be directed at human exploration.
    That is not what I would have preferred, but it is a 
reasonable compromise, especially given that, unlike the 
Democrat bill, the substitute lets the Administration decide 
how much money to devote to Space Station research.
    So this is really a true compromise. Both sides got some 
things, both sides gave up some things. What is important is 
the future the bill outlines for NASA.
    The substitute, in effect, endorses the President's vision, 
points us back to the moon, and provides the funding necessary 
to move ahead with the development of the Crew Exploration 
Vehicle. At the same time, the substitute provides more funding 
for science and aeronautics than the President requested. And 
the substitute allows NASA to move ahead with its plans to 
gradually move away from its current human space flight 
programs.
    In short, the substitute will give us a bill we can all be 
proud of. I look forward to working with my colleagues to 
preserve its key features in Congress.
    [The statement of Mr. Boehlert follows:]
    
    
    Chairman Boehlert. Is there any further discussion on the 
amendment? If not, the vote occurs on the amendment. All in 
favor, say aye. Opposed, no. The ayes seem to have it.
    The second amendment on the roster is offered by the 
gentleman from California, Mr. Rohrabacher. Counsel is going to 
give me some counsel. Unanimous consent to vacate the vote. We 
have just--we have got the substitute as the base text for the 
amendment. And so we will proceed with the amendments--proposed 
amendments to the substitute, and then we will pass the 
substitute, as amended.
    Mr. Sherman, I see you nodding yes, and when you nod yes, 
that always makes me happy.
    The second amendment on the roster is offered by the 
gentleman from California, Mr. Rohrabacher.
    Mr. Rohrabacher, are you ready to proceed?
    Mr. Rohrabacher. Yes, thank you very much.
    Chairman Boehlert. Would you be so kind as to share with 
all of us in the audience the proud photograph you have?
    Mr. Rohrabacher. Here are new astronauts in the making, 
three of them.
    Chairman Boehlert. For those of you who don't know, Mr. 
Rohrabacher is the proud father of infant triplets, and he is 
one of the premier surfers in the Congress, and he is getting 
his youngsters in the water early in preparation for getting 
them on the surfboard.
    Mr. Rohrabacher. Right. Until they can float in space, they 
will be floating in the water. So----
    Chairman Boehlert. You may proceed with your amendment, Mr. 
Rohrabacher.
    Mr. Rohrabacher. Thank you, Mr. Chairman. And as you know, 
I do plan to withdraw this amendment, and I thank you very 
much.
    Mr. Chairman, I ask----
    Chairman Boehlert. The Clerk will report the amendment.
    Ms. Tessieri. Amendment to H.R. 3070 offered by Mr. 
Rohrabacher of California.
    Mr. Rohrabacher. Mr. Chairman, I ask consent to insert in 
the record a written statement.
    Chairman Boehlert. Without objection, so ordered.
    
    
     Mr. Rohrabacher. And I ask consent that the record note 
that Mr. McCaul of Texas should be listed as a co-sponsor of my 
amendment.
    Chairman Boehlert. Without objection, so ordered.
    Mr. Rohrabacher. Finally, I do intend to withdraw my 
amendment, as I said, but the other members should have an 
opportunity to speak on this as well, if they have their 
thoughts on the matter.
    Six years ago, this Committee crafted Section 6 of part of 
Section--and part of Section 7 of the Iran Non-proliferation 
Act to pursue certain space goals, as well as non-proliferation 
concerns under the jurisdiction of another committee. I was a 
strong supporter of both the sections of the bill as well as 
the overall bill itself, in terms of the non-proliferation act.
    Today, we know Section 6 hasn't worked on either score, 
either for American's space program, or in any way affecting 
the non-proliferation of weapons to Iran. Regarding space, it 
may have been useful early on, but long ago, this became a net 
minus.
    Since the Columbia tragedy, Russia's government and 
industry have borne the burden of supporting our crews at the 
International Space Station. The Russians have proven 
themselves to be reliable and dependable partners in space. 
Even so, for these 30 months NASA could not buy any goods or 
services from Russia to improve those crews' safety or research 
or productivity.
    Now however, looking forward, things are bound to get worse 
in--very shortly. Russia's obligation to provide crew rescue 
and transfer services to NASA expires next April, when the 11th 
Soyuz capsule visit to the International Space Station returns 
to Earth. But the first impact is this October, when intensive 
training for the 12th Soyuz crew must begin.
    As Dr. Griffin told us recently, with no crew rescue 
capability, our astronauts can not stay at the International 
Space Station between Shuttle flights. So we will be risking 
human lives to fly the Shuttle to assemble and service the 
Space Station occupied and used exclusively by other countries 
for the next 5 to 7 years. That is screwy. You don't have to be 
a ``robots in space'' fanatic to think that that is a lousy 
deal for America's taxpayers and our scientists.
    And as it now stands, the INA blocks NASA from buying any 
Russian space goods or services for human space flight forever. 
That is forever. Ironically, the Pentagon can launch satellites 
using Russian rocket engines, but Mike Griffin's NASA can not 
buy those very same rockets, or any other innovative commercial 
services, to affordably resupply Space Station or perform any 
other human exploration missions.
    As a former Chair of the Space Subcommittee, I think that 
is wasteful and stupid. As a senior member of the Subcommittee 
and Chair of the International Relations Committee, 
Subcommittee on Oversight and Investigations, I believe that 
this inconsistency weakens our U.S. non-proliferation policy.
    So for both space and security reasons, the Administration 
has proposed a change that preserves the non-proliferation 
provisions in the INA, while allowing NASA to buy Russian space 
goods and services for Station and exploration projects beyond 
Russia's original Space Station commitments. And let me note 
very emphatically, Mr. Chairman, this Administration proposal 
is NASA's number one legislative request to the Congress this 
year. Without it, Space Station is going to go in a horrible 
direction in terms of the United States of America. As I say, 
we will be excluded from it after paying for it and actually 
supplying it. We need to get this done or there will be serious 
consequences.
    My amendment does exactly what was requested by the 
Administration: it deletes the prospective half of the 
definition of Section 6's key term, that is, ``extraordinary 
payments in connection with the International Space Station''.
    With your indulgence, I would like to make just a couple 
other points.
    First, this proposal is long overdue. I have tried to get 
the former Administrators and Administrations, let me note, the 
Clinton Administration and the Bush Administration, to drop the 
ball on this very important piece of legislation. And Mr. 
Sherman and I have long supported the non-proliferation act, 
and we have tried our best to get the Administrations to 
implement it by offering not just the stick, which is part of 
what we are talking about today, but a carrot approach to the 
Russians to get them to cease their cooperation with the 
Iranians. Unfortunately, that cooperation on that nuclear power 
project is over now, and the Russians have completed their 
contribution.
    I want to thank Mr. Hall, who, while serving as Ranking 
Member, as well as Mr. Gordon and our former colleague Mr. 
Lampson, for repeatedly offering their bipartisan support to 
fix this non-proliferation act. They generously tried to solve 
the problem facing the--our Republican President, and also the 
problem faced Bill Clinton before him.
    Third, and finally, some may wish to not only carefully 
consider, but to actually try to rewrite this proposal. I 
understand that. We have people working on that, but we do not 
have time nor, in my opinion, good space policy to delay action 
much further. The part of the INA that this amendment changes 
is already overwhelmingly counterproductive to the goals of 
this authorization bill as well as the goals of the non-
proliferation act.
    Chairman Boehlert. Thank you very much. I appreciate the 
gentleman's willingness to----
    Mr. Rohrabacher. Thank you very much.
    Chairman Boehlert [continuing]. Offer and withdraw his 
amendment on this important topic. And I agree that a 
resolution on the issue created by the Iranian non-
proliferation act must be a part of this bill before we send it 
to the President's desk.
    And I will now recognize, in the following order, Ms. 
Woolsey, Mr. McCaul, and Mr. Sherman. You are recognized.
    Ms. Woolsey. Thank you, Mr. Chairman.
    And I know this amendment is going to be withdrawn, but I 
appreciate your letting me speak to it, because I want to 
emphasize the importance of non-proliferation, particularly 
with regard to future space travel.
    I have introduced the Nuclear Non-proliferation Treaty 
Commitments Act in order to encourage the United States to live 
up to its international commitments to disarm its large nuclear 
weapons stockpiles. And I believe that we need to ban all use 
of nuclear weapons in space, something that we can do under the 
jurisdiction of the Science Committee.
    So I look forward to further review of Mr. Rohrabacher's 
vision. I look forward to the goal and supporting the goal to 
prevent nuclear proliferation of space and anything we can do 
to strengthen the United States' non-proliferation policy. So I 
look forward to working with all of you on that.
    Thank you.
    Mr. Calvert [presiding]. The gentlelady yields back the 
balance of her time.
    Mr. McCaul.
    Mr. McCaul. Thank you, Mr. Chairman.
    And I thank Congressman Rohrabacher for sponsoring this 
important amendment. We also share something else, in addition 
to supporting this amendment. I am the proud father of triplets 
as well. They will turn 4 in August. So we are thinking of 
maybe starting a caucus.
    Mr. Chairman, according to President Bush, Secretary of 
State Condoleezza Rice, and NASA Administrator Michael Griffin, 
this is one of the most important issues concerning NASA that 
we will address in the 109th Congress. We are all against the 
proliferation of nuclear weapons. We are also dedicated to 
manned space flight and the International Space Station.
    As a member of the Space Subcommittee, I believe this 
amendment will provide NASA with the much-needed fix to the 
Iran Nuclear Non-proliferation Act. As a member of the 
International Relations Committee, I also believe that this 
amendment will correct this legislation but will not usurp its 
worthy purpose of preventing the proliferation of nuclear 
weapons.
    As a supporter of the President's Vision for Space 
Exploration, Congressman Rohrabacher's amendment will further 
President Bush's objective to achieve our goal of exploring the 
moon, Mars, and beyond. And so I urge my colleagues on this 
Committee, and the International Relations Committee, to 
support this valuable amendment, and I look forward to working 
with Congressman Rohrabacher to make sure this legislation is 
adopted.
    Thank you, Mr. Chairman.
    Mr. Calvert. I thank the gentleman.
    The gentleman yields back the balance of his time.
    The gentleman from Los Angeles, California, Mr. Sherman.
    Mr. Sherman. Well, I know how it pleases the Chairman for 
me to nod affirmatively but I must shake my head in opposition 
to this amendment, I even though it will be withdrawn, and to 
the concept of making a similar change before this bill reaches 
the President's desk.
    It is interesting to find out we have got triplets and 
triplets. My side has often wondered why there are so many 
Republicans. Now we know.
    We need to balance, on the one hand, our efforts to prevent 
Iran from having nuclear weapons versus our desire to meet, in 
full, our timetable of commitments to the International Space 
Station. I would say that the former is probably more important 
than the latter. One, nuclear bombs smuggled into an American 
city is such a thought that it dwarfs even our efforts in 
space.
    The current law is just fine. It allows the President to 
certify that in the prior year Russia has not contributed to 
the Iranian nuclear program. So if Russia simply stops its 
efforts in 2005 to help Iran develop nuclear weapons, then in 
2006, we have no problem. This is not an amendment designed to 
prevent the Russians from being punished for sins of the past. 
It is an amendment designed to allow the Russians to continue 
to help the Iranian nuclear program.
    Now I would certainly support any clarifying changes to 
statute necessary to protect our astronauts in a life-
threatening circumstance, but we already have language in the 
bill that says that there is a waiver if cooperation with the 
Russians is necessary or payment to the Russians is necessary 
to prevent a loss of life or grievous injuries. If that 
language in the statute needs to be clarified, fine.
    But what the proposed amendment does is it eviscerates the 
entire section. It says we can make payments to Russia 
notwithstanding their cooperation with Iran on nuclear weapons 
and the Iranian nuclear program, except we can't pay Russia to 
do the things they have already agreed to do with their own 
money, which is something they have never asked us to do. So it 
basically strikes Section 6 out of the law.
    We should involve, of course, the International Relations 
Committee, a Committee that will think first of the nuclear 
proliferations program of Iran and is somewhat less involved, 
of course, with our space program.
    I look forward to, if necessary, making a change in this 
bill that would allow us, and I frankly wouldn't want to go 
this far, to say we can make payments to Russia to assure the 
success of the International Space Station mission until 2012. 
But I would hope not to go that far, but even that, it is only 
part of the way down the road, whereas the amendment, which 
will be withdrawn by the gentleman, goes all of the way down 
the road to completely eviscreating Section 6.
    Finally, the gentleman points out that we have not been 
effective in preventing Iran from moving forward with its 
nuclear weapons program. This is true, but that is because we 
don't have a comprehensive and effective policy to put economic 
pressure on Iran, to deal effectively with Russian 
contributions to the Iranian nuclear program, et cetera. We 
have ignored the Iran-Libya Sanctions Act, or at least the 
Administration has refused to enforce it. It is not the right 
action of this Congress to say, ``Well, the current program 
isn't working, so let us do absolutely nothing. Let us remove 
those elements that we already have in current law.'' Instead, 
Section 6 should be part of an overall program to prevent 
Russia from cooperating with the Iranian program and to prevent 
Iran from going forward with its nuclear weapons program.
    Let me reemphasize, the President makes an annual 
certification, so we can leave the statute alone, and if Russia 
does not aid Iran in its nuclear program in 2005, then we are 
totally free to move forward with payments to Russia in 2006. 
If--and in fact, if the President is able to certify that 
Russia did not help Iran's nuclear program in 2004, then the 
problem the gentleman is worried about doesn't even exist. The 
President just has to certify that which he would be preferred 
to certify. The reason this change is being proposed is the 
President can't certify that Iran did not receive aid to its 
nuclear program from Russia in 2004, and he doubts that he will 
be able to make that certification for 2005. And that is why we 
need to keep Section 6 in the Iran Non-proliferation Act of 
2000. And that is why I hope that we don't make any significant 
change to current statute.
    And I yield back.
    Mr. Calvert. The gentleman's time is expired.
    Does the gentleman from California wish to withdraw his 
amendment?
    Mr. Rohrabacher. Yes, I ask unanimous consent for 1 minute 
to----
    Mr. Calvert. The gentleman is recognized for 1 minute.
    Mr. Rohrabacher. I think Mr. Sherman has made some very 
poignant points today. And Mr. Sherman and I have been standing 
together for a long time on this Iranian issue, and I 
appreciate the leadership that he has provided over the years 
on that and some of the points he has made today. I am going to 
be withdrawing my amendment. I hope those who are working on 
the wording that will try to meet this problem will take into 
consideration some of what Mr. Sherman told us today.
    Let me note that I do not believe, however, that the 
American space program should bear the brunt of the cost of 
trying to accomplish what Mr. Sherman and I agree on as the 
noble goal, not only a noble goal, but an essential goal for 
American security and is dealing with this nuclear threat of 
the Iranians.
    So with that said, I would withdraw--ask unanimous consent 
to withdraw my amendment.
    Mr. Calvert. The gentleman asks unanimous consent to 
withdraw his amendment. Any objection? Seeing none, the 
amendment has been withdrawn.
    Next is the third amendment on the roster offered by the 
gentleman from Louisiana, Mr. Melancon. Are you ready to 
proceed with your amendment, sir?
    Mr. Melancon. Yes, Mr. Chairman. I have the amendment at 
the desk.
    Mr. Calvert. The Clerk will report the amendment.
    Ms. Tessieri. Amendment to the amendment in the nature of a 
substitute offered by Mr. Melancon of Louisiana.
    Mr. Calvert. I would ask unanimous consent to dispense with 
the reading. Without objection, so ordered.
    The gentleman is recognized for 5 minutes to explain his 
amendment.
    Mr. Melancon. Thank you, Mr. Chairman.
    As with the previous amendment, I intend to withdraw, but I 
would like to make this statement and to commend the Chairman, 
Mr. Gordon, Mr. Calvert, and Mr. Udall for their efforts in 
putting together this amendment that will be presented on the 
Floor of the House next week.
    My amendment is--there is funding pressure to reduce the 
NASA infrastructure operating costs. That will continue as NASA 
transitions to the new space exploration program. NASA will 
have to bear the cost of maintaining unused infrastructure 
until it is needed by the exploration program or eliminate the 
infrastructure. Additional funds or alternate revenues are 
required to meet these challenges. Enhanced use lease, EUL, 
provides government agencies the capability to receive full 
market value consideration for sale or leasing on all the parts 
of their agency's facilities.
    The EUL authority has been granted to the Department of 
Energy, Veterans Administration, and the Department of Defense 
to help transition and redevelop facilities affected by BRAC or 
other facility closings. NASA was granted EUL authority in 
2003, the 2003 appropriations bill for use only at the Ames 
Research Center and the Kennedy Space Center. The Senate NASA 
Authorization Act of 2005 grants NASA authority for all centers 
to retain the net proceeds for sale or lease of real property 
and to utilize those funds for real property needs.
    This provision will allow NASA to directly apply those 
proceeds to maintain NASA real property instead of using 
critical program dollars needed to execute NASA's mission. 
Expanded EUL authority for NASA will help develop underutilized 
facilities and utilize the revenue to pay operating costs to 
retain the infrastructure not immediately needed by the 
exploration program.
    The EUL authority helps avoid potential costly shutdowns 
and start-up costs in the facilities that may not be 
immediately needed by the exploration program. Enhanced use 
lease allows NASA to maximize the revenue potential, because it 
authorizes NASA to charge a fair market value.
    EUL authority gives NASA maximum flexibility and capability 
to use the revenues earned from leasing unused portions of MAF 
to maintain the infrastructure without reallocating funds from 
other programs. And therefore, the recommendation of the House 
NASA reauthorization amendment bill includes similar provisions 
as the Senate authorization bill does, allowing all of NASA to 
retain the proceeds from sales and/or lease of underutilized 
infrastructure to help pay for its real property needs.
    I thank you for the opportunity to----
    Mr. Gordon. Would the gentleman yield?
    Mr. Melancon. Yes, I would.
    Mr. Gordon. Let me just very quickly say that my friend 
from Louisiana has a very good amendment. There is similar 
language in the Senate bill, as he pointed out. It was in our 
original Democratic substitute, however, the Majority, and I 
agree, was concerned that it would be a joint referral that 
could slow this process down. You certainly have my commitment, 
and I think the rest of us, our commitment to concur with the 
Senate on this important amendment.
    Thank you.
    Chairman Boehlert. Thank you very much.
    The gentleman's time is expired.
    Just let me say, I support the amendment offered by--the 
intent of the amendment offered by the gentleman from 
Louisiana, but I can't accept it now. Lest you think this is 
just another example of political double talk, I support it but 
can't accept it. The reason I can't accept it, as Mr. Gordon 
has just pointed out, this would waive laws that are not in the 
jurisdiction of the Science Committee. However, I can assure 
you that I hope to work with you and Mr. Gordon as we move 
toward the Floor, as we negotiate the bill in conference. The 
intent is absolutely right on target, and we are with you.
    Mr. Melancon. Mr. Chairman, if I could, then, I would ask 
unanimous consent to withdraw the amendment.
    Chairman Boehlert. Without objection, so ordered.
    The fourth amendment on the roster is the amendment offered 
by the gentlelady from Texas, Ms. Jackson Lee.
    Ms. Jackson Lee, are you ready?
    Ms. Jackson Lee is conferring with Mr. Gordon, and I will 
confer with all of you.
    We--you don't get to this juncture when you have people on 
both sides of the center aisle essentially agreeing by 
accident. It takes a lot of hard work on the part of all. And 
particularly the staff. The staff on this Committee, you know, 
it is great. As I point out that we may come to some agreement 
at 9:30 or 10 o'clock at night on something very complex and 
say, ``Okay.'' We shake hands. Mr. Gordon and I shake hands. 
And off we go into the twilight and say to the staff, ``Fix 
it.'' And they have got to--what they have got to fix takes, 
you know, hours more work, and we expect to come in the next 
morning and have it ready to go. And lo and behold, it was, 
which is an outstanding tribute to our respective staffs.
    And now that we have acknowledged their fine work, let me 
acknowledge the fine work of another valued member of this 
Committee, Ms. Jackson Lee.
    Are you ready to proceed?
    Ms. Jackson Lee. Yes, Mr. Chairman.
    I have an amendment at the desk.
    Chairman Boehlert. The Clerk will report the amendment.
    Ms. Tessieri. Amendment to the amendment in the nature of a 
substitute offered by Ms. Jackson Lee of Texas.
    Chairman Boehlert. The gentlelady will proceed.
    Ms. Jackson Lee. Mr. Chairman, I know that in the course of 
my being in the Homeland Security Committee this morning, there 
have been many accolades given regarding NASA, and certainly 
members who were able to participate yesterday in the proposed 
historic opportunity were reflecting on the importance of man's 
exploration and women's exploration into space. And I want to 
echo that and thank both the Chairman and the Ranking Member 
for the opportunity to join them for what was a historic day, 
because it was America's commitment to return to space 
exploration. And it was also America's commitment to safety and 
detail. And that is what our friends at NASA are doing today. 
And I want to thank the astronauts, as well, offering 
themselves for service to America, and, of course, their 
families.
    My amendment tracks the value that we place on NASA and the 
value of space exploration and the value of diversity and 
inclusion and training. The historically black colleges and 
universities, our institutions, and I will have a later 
amendment dealing with Hispanic-serving institutions, but these 
are institutions which many national officials--NASA officials 
have reflected on as contributing to the increased diversity 
around the question of math and science, but also around the 
question of professionals at the new restored NASA. Dr. Griffin 
said that he will be looking to internal expertise to rebuild 
NASA for its mission, not only in space, but to Mars and to the 
moon and to continue ``our'' prominence. I don't like to use 
the word ``dominance''. I like to use the word ``prominence'' 
in space. So it is a full employment, a full involvement 
amendment to restore $69.2 million into the historically black 
colleges account and to be able to assist NASA and to be able 
to follow its new guidelines.
    The fact is that this year HBCUs face a $13 million cut in 
their allotment for NASA education funds. Clearly, this money 
could make a significant difference in the future diversity of 
the science community. Renowned writer, scholar, and educator 
W.E.B. DuBois, Dr. Walter Massey, former Director of the 
National Science Foundation, and President of Morehouse 
College, actor and director Spike Lee, Dr. Deborah Hyde, one of 
our only four African American female neurosurgeons, the 
honorable Louis Sullivan, and many others are distinctive, 
distinguished, and successful graduates from historically black 
colleges and universities.
    For most of America's history, African Americans who 
received a college education could only get it from HBCUs. 
Today, HBCUs remain one of the surest ways for an African 
American, or a student of any race, to receive a high-quality 
education. Seven of the top eleven producers of African 
American baccalaureates in engineering are HBCUs. Number one, 
North Carolina A&T University, Southern University A&M, Florida 
A&M, and Howard University, and I would add Prairie View A&M in 
Houston in the Texas area. Many of you have universities as 
well, and certainly one of the outstanding producers of 
physical sciences degrees is Xavier University.
    But one of the gleaming examples was a surprise for me 
yesterday as I walked into the area where the viewers were 
supposed to gather for the launch of the Space Shuttle. And 
there, lo and behold, was a young woman who had received a 
Ph.D. from Texas Southern University on environmental sciences, 
but that was not really the issue. She happened to be an 
individual who participated in a NASA program that I encouraged 
her to participate in some many years ago. I had lost contact 
with her. She had no interest, no knowledge, absolutely no 
exposure to NASA or its responsibilities. She just happened to 
be a Ph.D. candidate, and we were looking for an individual who 
might carry our message of more African Americans in this 
discipline. Well, that one experience, and it happened to be a 
visit to the Space Shuttle that did not launch that time, she 
now is a Ph.D. She now is associated with NASA. She is now 
writing proposals to associate historically black colleges with 
the NASA program. And I could not over-talk her with respect to 
her loyalty, commitment, and interest in NASA.
    I would only say to you that this is a worthwhile 
investment, and I would hope my colleagues would find a way, 
Ranking Member and Mr. Chairman, to work with me that we might 
see this come to fruition. I ask my colleagues to support this 
amendment. But whether it is today, whether we can find common 
ground, I think this is a worthwhile investment and has proven 
itself well.
    I would conclude my remarks by saying it is my 
understanding that NASA has a global fund, and that they expend 
funds accordingly. And I welcome that fund, but I do think we 
have been very effective and successful with funds that are so 
designated to be helpful in moving the investment in America 
along for all of us to assure our place in space.
    With that, I yield back.
    Mr. Gordon. Would the gentlelady yield?
    Ms. Jackson Lee. I would be happy to yield.
    Mr. Gordon. Just very quickly, let me concur with the 
premise that my friend from Texas has put forth in that we do 
have a deficiency in math and science and technical students in 
this country. We have a very fertile ground with minority 
students as well as women, and I know you are going to address 
that in your next amendment. These amendments would have been 
in our base bill, but because of the tightness of getting 
everything done, we didn't get all of the information in time, 
but in conference, you can be well assured that your purpose 
will be our purpose.
    Chairman Boehlert. The gentlelady has three amendments, am 
I correct?
    Ms. Jackson Lee. Yes.
    Chairman Boehlert. And as I understand, based upon the 
assurance that collectively we will work cooperatively, that 
you intend, after you make your remarks, to withdraw the 
amendments?
    Ms. Jackson Lee. Mr. Chairman, if you would yield.
    Chairman Boehlert. I would be--it is your time.
    Ms. Jackson Lee. Well, if you--if I----
    Chairman Boehlert. We will allow you a little extra time. 
You know the--your indulgence of the Chair.
    Ms. Jackson Lee. Unanimous consent.
    First, I would certainly like to bring the amendments up, 
but obviously with the generosity of my Ranking Member and, as 
we well know, the fact that the Science Committee has really 
had the champion reputation of being bipartisan, I would like 
to colloquy or inquire of the Chairman.
    We would have to work together, and I would hope that I 
could inquire of the Chairman to work with us on these items 
and for him to possibly see the relevance of finding a way to 
focus on these issues that we have discussed over the time. So 
I inquire of the Chairman----
    Chairman Boehlert. I readily know the relevance of the 
distinguished lady's presentations. And I would point out that 
the bill already requires NASA to work with minority 
institutions, so does current law. That is very important, 
because that is fertile ground. And I am so pleased that the 
lady continually talks about humans in space, rather than men 
in space, because I proudly point out that the Commander of the 
Space Shuttle Discovery ready to launch is a very distinguished 
woman who had the good fortune to be born in upstate New York, 
my neck of the woods, Colonel Eileen Collins.
    So you are addressing subject matter that needs to be 
addressed in a thoughtful, deliberative way, and we will be 
glad to work with you as we proceed. And if you would like, I 
would be glad to--if your intention is, as I understand your 
intention, to offer the three amendments and then withdraw, 
based upon the assurance that we will work cooperatively, I 
would grant you some additional time and offer them and 
withdraw them en bloc.
    Ms. Jackson Lee. I would be happy to do that on behalf of 
my colleagues who are here. And I would like to call up 
amendment number five and amendment number seven. And I thank 
my----
    Chairman Boehlert. Without objection, so ordered to have 
them considered en bloc.


    Ms. Jackson Lee. Let me thank the Chairman and the Ranking 
Member for their commitment to working with me, and I will 
detail very briefly for my colleagues the amendments and 
suggest to you why I would not want this Committee to rule 
negatively on what I think are worthwhile investments in human 
capital, if you will.
    Might I begin by saying that the next amendment was named 
after Dr. Mae C. Jemison? It is a grant program of $500,000 to 
assist with encouraging young women to participate in math and 
science. And I think there have been many of my colleagues, 
including Congresswoman Woolsey and Johnson and others who are 
here, and Hooley and the distinguished gentlemen of this panel, 
who have found that the focus on young girls and women in the 
sciences can be very productive. I happened, Mr. Chairman, to 
have been at Commander Collins', I believe, first launch. It 
was, at that time, scrubbed. And I think a number of women went 
down, because it was so much of a historic occasion. But we 
know of her great excellence and her humble beginnings. And it 
is a testament to if you invest in young women, great things 
can happen.
    This is a program in tribute to Dr. Jemison, who we all 
know is an outstanding member of the astronaut corps and the 
first African American woman who went into space. And that 
amendment speaks for itself.
    Let me explain the second amendment that has to do with 
Hispanic-serving institutions, and it will restore funding in 
the amount of $46.4 million. That is a growing population of 
institutions. Again, in joining my colleague, I saw the great 
need for investing in Texas in Hispanic-serving institutions to 
encourage the training of Hispanic Americans in the idea of 
engineering sciences and math and science.
    So the two amendments offer an investment in human capital, 
and I would ask my colleagues to support them as we move 
through conference.
    And I would ask, at this time--let me just yield to the 
Ranking Member on the last two amendments, which deal with 
Hispanic-serving and investment in young women, the Mae 
Jemison, before I proceed with my conclusion.
    Mr. Gordon. As I mentioned earlier, I think that we have a 
deficit in our science and math students. If you look at all of 
the statistics, you will see that women and minorities are our 
most fertile ground to increase that. And as I said earlier, 
these are good points that are raised. I have a 4-year-old 
daughter that I hope is a great something. Mathematician would 
be nice, also.
    So you know, again, you raised good points, and we 
certainly want to support them.
    Ms. Jackson Lee. I thank you. Let me thank you very much. 
And let me thank the Committee for the amendments I have in the 
bill on equal access and safety, and I will look forward to 
working with the Chairman and the Ranking Member on these three 
amendments through conference.
    And with that, I ask unanimous consent to withdraw 
amendments four, five, and seven.
    Chairman Boehlert. Without objection, so ordered.
    The sixth amendment on the roster, I am looking for Mr. 
Costello to see if he has arrived. I understand he is en route.
    Mr. Gordon. Yes, sir. Mr. Chairman, if I might strike the 
last word.
    Chairman Boehlert. The gentleman is recognized.
    Mr. Gordon. As we all know, as we look around this country, 
we are seeing outsourcing as a problem all across the country. 
Mr. Costello has been a great champion of trying to find out 
what is the problem and how do we address it. He is trying to 
do this again with this particular authorization. He has asked 
for a study to determine what really is the impact of NASA's 
purchasing processes and where is it going. Is it going 
offshore? Is it going here? And I think he will--and I will 
yield now to him to better explain his amendment.
    Chairman Boehlert. The gentleman from Illinois is 
recognized.
    Mr. Costello. Mr. Chairman, I thank you and the Ranking 
Member. If I can catch my breath.
    Chairman Boehlert. While you are catching your breath, the 
Clerk will report the amendment.
    Ms. Tessieri. Amendment to the amendment in the nature of a 
substitute offered by Mr. Costello of Illinois.
    Chairman Boehlert. The amendment to the amendment offered 
by Mr. Costello of Illinois, a very distinguished member of 
this Committee, is your breath caught?
    Mr. Costello. It is, indeed, Mr. Chairman.
    Chairman Boehlert. The gentleman is recognized.
    Mr. Costello. Mr. Chairman. Thank you. I apologize. I was 
over on the Floor during general debate.
    Let me explain my amendment, if I can, please.
    The two provisions in the amendment concern contracting 
issues with NASA. As you will recall, I offered an amendment 
before this Committee concerning NOAA that is similar to this 
amendment today concerning NASA.
    One, it prohibits federal jobs from being outsourced to 
foreign nations, with few exceptions. It requires NASA 
contracts for goods and services to be performed here in the 
United States. In cases where NASA issues a contract for goods 
or services to a private sector contractor, NASA would have to 
ensure that the contract work is done here in the United 
States. The amendment further provides exceptions to that 
policy. The NASA Administrator may waive the requirement if an 
essential instrument or service is only produced outside the 
United States or is only produced by a non-U.S. manufacturer.
    In addition, Mr. Chairman, the President may waive the 
requirement, if it is in the interest of national security. The 
restriction does not apply to goods and services that are 
currently being used outside of the United States or to a job 
contracted that is being performed by U.S. federal workers 
outside of the United States.
    Simply put, my provision does not prohibit any existing 
work or service that is going on overseas today. It only 
prohibits NASA from moving a job that is currently in the 
United States or from producing a good that is currently made 
in the United States from changing the status quo and going 
abroad, unless the reasons for doing so meet the exceptions 
that I have listed.
    We, on both sides of the aisle, I think, should agree that 
NASA should be getting their goods and services here in the 
United States, not abroad. I have--as I said, I have come to 
the Committee before to talk about outsourcing. The Ranking 
Member, Mr. Gordon and I, in this very room, hosted a 
roundtable discussion with a number of experts on the issue of 
outsourcing to try and determine what the problem is, where the 
jobs are going, and what the future looks like. I don't think 
that we can continue to ignore the fact that outsourcing and 
off-shoring is ongoing and sit on the sidelines and do nothing 
about it. That is why I am offering the amendment today.
    And I am pleased that the Majority, and the Chairman, in 
particular, accepted my ``buy American and protect American 
jobs'' provision in today's NASA authorization bill. 
Unfortunately, I have to oppose the language added by the 
Majority that protects international trade agreements than 
protecting American jobs and goods.
    Let me just say, in short, Mr. Chairman, I think this 
Committee ought to be in the business of providing the support 
that we should provide to NASA, but whenever possible, I 
believe that NASA should be spending the U.S. taxpayers' money 
here in the United States. The jobs should remain here in the 
United States. And goods and services that they contract for 
should be contracted with companies that, in fact, are 
taxpaying companies and individuals operating here in the 
United States.
    And with that, Mr. Chairman, I ask for your support and the 
support of the entire Committee.
    Chairman Boehlert. Thank you very much, Mr. Costello.
    This is the same debate we had, a rather extensive debate, 
on the NOAA bill, H.R. 50. But this language is even more 
problematic than the language that we had in that bill. NASA 
has international partners for whom it buys launch vehicles and 
other equipment. You know. And what we are trying to say, we 
ought to ensure the prohibition and job outsourcing only when 
consistent with intentional treaties or obligations.
    So I will reluctantly, but enthusiastically, oppose the 
amendment for those very sound reasons.
    And the Chair recognizes the gentleman from Tennessee, Mr. 
Gordon.
    Mr. Gordon. Thank you, Mr. Chairman.
    And I would like to yield to my more articulate friend from 
Illinois.
    Mr. Costello. Thank you. And I thank the Ranking Member.
    Mr. Chairman, we did have this extensive debate before, and 
I would use the same argument today that I used then, and that 
is this Committee should not be in the business of attempting 
to interpret trade agreements. As we debated the NOAA 
authorization bill, I made the point then and will make the 
point again today, that the International Trade Commission has 
never challenged a provision like this before. And I will say 
again, as I said then, let us let a court decide if we have 
gone too far. If we are going to err on the side of caution, 
let us err on the side of the American worker, not on our 
international trade agreements. And certainly, the track before 
the Committee today, I think, is clear. We can either be 
aggressive about protecting jobs here in this country or be 
aggressive about protecting and interpreting international 
trade agreements. That should be a job left up to bodies other 
than the United States Congress.
    So with that, Mr. Chairman, I yield back the balance of my 
time and know that I can count on your support.
    Chairman Boehlert. Thank you very much, Mr. Costello.
    Mr. Calvert.
    Mr. Calvert. I must object to the amendment by my good 
friend from Illinois. He is my good friend. But I want to point 
out to the Committee, we have an International Space Station. 
We have Canadians supplying the arm. We have the Japanese, 
hopefully, that will be able to deliver their Centrifuge, which 
I know that both people--both sides of the aisle is interested 
in working with the Japanese on. We have the European Space 
Agency, which is also involved in International Space Station. 
I know that my--many of my friends on the other side of the 
aisle absolutely welcome support on the International Space 
Station and their participation, financial participation, in 
order for us to complete the Station and to make sure that we 
have the support necessary to continue that program.
    NASA is not NOAA. And I--and NASA is truly working with 
international partners in a peaceful way in our civil space 
program. So I would hope that members would not support this 
amendment. This is not a--this amendment would not serve NASA 
well, nor would it serve our continued efforts with the 
International Space Station and our continued efforts to get 
back to the moon and Mars and beyond.
    Thank you.
    Mr. Gordon. Would you yield, briefly?
    Mr. Calvert. Yes, sir.
    Mr. Gordon. I just want to point out that we do have 
international partners, but their contributions really are 
either broader or in kind, and that we are really not 
purchasing from those. And we are glad to have that bargain. We 
are glad to have that in kind, but I just wanted to point that 
out.
    Mr. Calvert. I thank the gentleman.
    Chairman Boehlert. You are recognized, Mr. Lipinski.
    Mr. Lipinski. Thank you, Mr. Chairman.
    One thing I just wanted to point out, I went down for the 
launch yesterday, but I had some time to stop in a gift shop. 
And I went and looked in the gift shop for a little gift to 
take home to my wife. And everything that I picked up, except 
one, said ``Made in China''. The one that wasn't made in China 
was made in Taiwan. So I just wanted to mention that. I noted 
that there in the gift shop, and hopefully something can--it 
isn't directly impacted by this, but hopefully we can do 
something about that, also.
    Chairman Boehlert. I hope you didn't disappoint your wife 
when you got home.
    The Chair recognizes Dr. Schwarz. Do you seek recognition? 
Is there anyone else who seeks recognition on this issue?
    If not, the vote occurs on the amendment offered by Mr. 
Costello. All in favor, say aye. Opposed, nay. The nays appear 
to have it, and the amendment is----
    Mr. Costello. Mr. Chairman, I--with that, I would ask for a 
roll call vote.
    Chairman Boehlert. The gentleman seeks a roll call vote.
    The Clerk will call the roll.
    Ms. Tessieri. Mr. Boehlert.
    Chairman Boehlert. No.
    Ms. Tessieri. Mr. Boehlert votes no.
    Mr. Hall.
    [No response.]
    Ms. Tessieri. Mr. Smith.
    Mr. Smith. No.
    Ms. Tessieri. Mr. Smith votes no.
    Mr. Weldon.
    [No response.]
    Ms. Tessieri. Mr. Rohrabacher.
    [No response.]
    Ms. Tessieri. Mr. Calvert.
    Mr. Calvert. No.
    Ms. Tessieri. Mr. Calvert votes no.
    Mr. Bartlett.
    [No response.]
    Ms. Tessieri. Mr. Ehlers.
    Mr. Ehlers. No.
    Ms. Tessieri. Mr. Ehlers votes no.
    Mr. Gutknecht.
    Mr. Gutknecht. No.
    Ms. Tessieri. Mr. Gutknecht votes no.
    Mr. Lucas.
    Mr. Lucas. No.
    Ms. Tessieri. Mr. Lucas votes no.
    Mrs. Biggert.
    Mrs. Biggert. No.
    Ms.Tessieri. Mrs. Biggert votes no.
    Mr. Gilchrest.
    Mr. Gilchrest. No.
    Ms. Tessieri. Mr. Gilchrest votes no.
    Mr. Akin.
    Mr. Akin. No.
    Ms. Tessieri. Mr. Akin votes no.
    Mr. Johnson.
    Mr. Johnson. No.
    Ms. Tessieri. Mr. Johnson votes no.
    Mr. Forbes.
    [No response.]
    Ms. Tessieri. Mr. Bonner.
    Mr. Bonner. No.
    Ms. Tessieri. Mr. Bonner votes no.
    Mr. Feeney.
    Mr. Feeney. No.
    Ms. Tessieri. Mr. Feeney votes no.
    Mr. Inglis.
    Mr. Inglis. No.
    Ms. Tessieri. Mr. Inglis votes no.
    Mr. Reichert.
    Mr. Reichert. No.
    Ms. Tessieri. Mr. Reichert votes no.
    Mr. Sodrel.
    Mr. Sodrel. No.
    Ms. Tessieri. Mr. Sodrel votes no.
    Mr. Schwarz.
    Mr. Schwarz. No.
    Ms. Tessieri. Mr. Schwarz votes no.
    Mr. McCaul.
    Mr. McCaul. No.
    Ms. Tessieri. Mr. McCaul votes no.
    Chairman Boehlert. How is Mr. Hall recorded?
    Mr. Hall. Votes no.
    Ms. Tessieri. Mr. Hall votes no.
    Mr. Gordon.
    Mr. Gordon. Aye.
    Ms. Tessieri. Mr. Gordon votes yes.
    Mr. Costello.
    Mr. Costello. Aye.
    Ms. Tessieri. Mr. Costello votes yes.
    Ms. Johnson.
    [No response.]
    Ms. Tessieri. Ms. Woolsey.
    Ms. Woolsey. Aye.
    Ms. Tessieri. Ms. Woolsey votes yes.
    Ms. Hooley.
    Ms. Hooley. Aye.
    Ms. Tessieri. Ms. Hooley votes yes.
    Mr. Udall.
    Mr. Udall. Aye.
    Ms. Tessieri. Mr. Udall votes yes.
    Mr. Wu.
    Mr. Wu. Yes.
    Ms. Tessieri. Mr. Wu votes yes.
    Mr. Honda.
    Mr. Honda. Aye.
    Ms. Tessieri. Mr. Honda votes yes.
    Mr. Miller.
    Mr. Miller. Aye.
    Ms. Tessieri. Mr. Miller votes yes.
    Mr. Davis.
    [No response.]
    Ms. Tessieri. Mr. Carnahan.
    Mr. Carnahan. Yes.
    Ms. Tessieri. Mr. Carnahan votes yes.
    Mr. Lipinski.
    Mr. Lipinski. Aye.
    Ms. Tessieri. Mr. Lipinski votes yes.
    Ms. Jackson Lee.
    Ms. Jackson Lee. Aye.
    Ms. Tessieri. Ms. Jackson Lee votes yes.
    Mr. Sherman.
    Mr. Sherman. Aye.
    Ms. Tessieri. Mr. Sherman votes yes.
    Mr. Baird.
    Mr. Baird. Aye.
    Ms. Tessieri. Mr. Baird votes yes.
    Mr. Matheson.
    Mr. Matheson. Aye.
    Ms. Tessieri. Mr. Matheson votes yes.
    Mr. Costa.
    Mr. Costa. Aye.
    Ms. Tessieri. Mr. Costa votes yes.
    Mr. Green.
    Mr. Green. Yes.
    Ms. Tessieri. Mr. Green votes yes.
    Mr. Melancon.
    Mr. Melancon. Yes.
    Ms. Tessieri. Mr. Melancon votes yes.
    Mr. Moore.
    Mr. Moore. Yes.
    Ms. Tessieri. Mr. Moore votes yes.
    Mr. Costello. Mr. Chairman, can I ask what the vote is 
right now?
    Chairman Boehlert. Mr. Costello, who was somewhat 
delinquent in showing up, now is very anxious to proceed. We 
are just trying to--I am just trying to survey the House and 
see where we are, make sure all of my happy members are here. 
My understanding is that we have another member about to arrive 
momentarily.
    The Clerk will report.
    Ms. Tessieri. Mr. Chairman, 18, yes; 18, no.
    Chairman Boehlert. The amendment is defeated. Yes, she 
voted. Ms. Jackson Lee----
    Ms. Tessieri. Ms. Jackson Lee recorded as yes.
    Chairman Boehlert. So the amendment on a tie vote is 
defeated.
    We will then proceed.
    Mr. Costello. Mr. Chairman.
    Chairman Boehlert. Yes. Who seeks? Mr. Costello.
    Mr. Costello. Mr. Chairman, I have another amendment and 
ask immediate consideration that it be considered at this 
point.
    Chairman Boehlert. Mr. Costello, you are recognized.
    Offer the amendment.
    Mr. Costello. Mr. Chairman, thank you.
    I will be very brief.
    Mr. Chairman, this amendment establishes an annual 
reporting requirement for contracts, goods, and services 
procured by NASA. The report enables Congress to better track 
NASA's compliance with the procurement limitations included in 
Section 705 of the bill. The report also enables Congress to 
better track NASA's compliance with the Buy America Act. The 
information in the report would also allow Congress to better 
understand the impact of international trade agreements 
affecting government procurement. NASA would have to report on 
the waivers to the Buy America Act and contracts awarded 
despite the procurement limitations of Section 705 that are due 
to U.S. obligations under international trade agreements.
    Mr. Chairman, in short, let me just say that if we are not 
going to adopt my previous amendment that failed adoption here 
in the Committee, we ought to at least adopt this amendment so 
we have a better understanding of what NASA is doing with their 
contracts and with their goods and services.
    Chairman Boehlert. Let the Chair thank the very 
distinguished gentleman from Illinois for offering a very 
thoughtful amendment that is deserving of our support, and the 
Chair is prepared to accept the amendment.
    Mr. Costello. Mr. Chairman, I thank you and will quit while 
I am ahead.
    Chairman Boehlert. All right. All in favor of Mr. 
Costello's amendment, say aye. Opposed, no. The ayes appear to 
have it, and the gentleman's very fine amendment is passed.
    Are there any other amendments to the amendment in the 
nature of a substitute?
    If not, the vote occurs on the amendment in the nature of a 
substitute, as amended. All in favor, say aye. Opposed, no. And 
the ayes appear to have it.
    Are there any other amendments? Hearing none, the vote is 
on the bill H.R. 3070, the National Aeronautics and Space 
Administration Authorization Act of 2005, as amended. All in 
favor, say aye. Opposed, no. In the opinion of the Chair, the 
ayes have it.
    And I would think we--our members are here. Let me ask for 
a recorded vote to show the strength and unity of this 
Committee as we go forward.
    The Clerk will call the roll.
    Ms. Tessieri. Mr. Boehlert.
    Chairman Boehlert. Aye.
    Ms. Tessieri. Mr. Boehlert votes yes.
    Mr. Hall.
    Mr. Hall. Aye.
    Ms. Tessieri. Mr. Hall votes yes.
    Mr. Smith.
    Mr. Smith. Aye.
    Ms. Tessieri. Mr. Smith votes yes.
    Mr. Weldon.
    [No response.]
    Ms. Tessieri. Mr. Rohrabacher.
    [No response.]
    Ms. Tessieri. Mr. Calvert.
    Mr. Calvert. Aye.
    Ms. Tessieri. Mr. Calvert votes yes.
    Mr. Bartlett.
    Mr. Bartlett. Aye.
    Ms. Tessieri. Mr. Bartlett votes yes.
    Mr. Ehlers.
    Mr. Ehlers. Yes.
    Ms. Tessieri. Mr. Ehlers votes yes.
    Mr. Gutknecht.
    Mr. Gutknecht. Aye.
    Ms. Tessieri. Mr. Gutknecht votes yes.
    Mr. Lucas.
    Mr. Lucas. Yes.
    Ms. Tessieri. Mr. Lucas votes yes.
    Mrs. Biggert.
    Mrs. Biggert. Yes.
    Ms. Tessieri. Mrs. Biggert votes yes.
    Mr. Gilchrest.
    Mr. Gilchrest. Yes.
    Ms. Tessieri. Mr. Gilchrest votes yes.
    Mr. Akin.
    [No response.]
    Ms. Tessieri. Mr. Johnson.
    Mr. Johnson. Yes.
    Ms. Tessieri. Mr. Johnson votes yes.
    Mr. Forbes.
    [No response.]
    Ms. Tessieri. Mr. Bonner.
    Mr. Bonner. Aye.
    Ms. Tessieri. Mr. Bonner votes yes.
    Mr. Feeney.
    Mr. Feeney. Yes.
    Ms. Tessieri. Mr. Feeney votes yes.
    Mr. Inglis.
    Mr. Inglis. Aye.
    Ms. Tessieri. Mr. Inglis votes yes.
    Mr. Reichert.
    Mr. Reichert. Yes.
    Ms. Tessieri. Mr. Reichert votes yes.
    Mr. Sodrel.
    Mr. Sodrel. Aye.
    Ms. Tessieri. Mr. Sodrel votes yes.
    Mr. Schwarz.
    Mr. Schwarz. Yes.
    Ms. Tessieri. Mr. Schwarz votes yes.
    Mr. McCaul.
    Mr. McCaul. Yes.
    Ms. Tessieri. Mr. McCaul votes yes.
    Mr. Gordon.
    Mr. Gordon. Yes.
    Ms. Tessieri. Mr. Gordon votes yes.
    Mr. Costello.
    Mr. Costello. Yes.
    Ms. Tessieri. Mr. Costello votes yes.
    Ms. Johnson.
    [No response.]
    Ms. Tessieri. Ms. Woolsey.
    Ms. Woolsey. Yes.
    Ms. Tessieri. Ms. Woolsey votes yes.
    Ms. Hooley.
    Ms. Hooley. Yes.
    Ms. Tessieri. Ms. Hooley votes yes.
    Mr. Udall.
    [No response.]
    Ms. Tessieri. Mr. Wu.
    Mr. Wu. Yes.
    Ms. Tessieri. Mr. Wu votes yes.
    Mr. Honda.
    Mr. Honda. Yes.
    Ms. Tessieri. Mr. Honda votes yes.
    Mr. Miller.
    Mr. Miller. Aye.
    Ms. Tessieri. Mr. Miller votes yes.
    Mr. Davis.
    [No response.]
    Ms. Tessieri. Mr. Carnahan.
    Mr. Carnahan. Yes.
    Ms. Tessieri. Mr. Carnahan votes yes.
    Mr. Lipinski.
    Mr. Lipinski. Aye.
    Ms. Tessieri. Mr. Lipinski votes yes.
    Ms. Jackson Lee.
    Ms. Jackson Lee. Aye.
    Ms. Tessieri. Ms. Jackson Lee votes yes.
    Mr. Sherman.
    Mr. Sherman. Yes.
    Ms. Tessieri. Mr. Sherman votes yes.
    Mr. Baird.
    Mr. Baird. Aye.
    Ms. Tessieri. Mr. Baird votes yes.
    Mr. Matheson.
    Mr. Matheson. Aye.
    Ms. Tessieri. Mr. Matheson votes yes.
    Mr. Costa.
    Mr. Costa. Yes.
    Ms. Tessieri. Mr. Costa votes yes.
    Mr. Green.
    Mr. Green. Yes.
    Ms. Tessieri. Mr. Green votes yes.
    Mr. Melancon.
    Mr. Melancon. Yes.
    Ms. Tessieri. Mr. Melancon votes yes.
    Mr. Moore.
    Mr. Moore. Yes.
    Ms. Tessieri. Mr. Moore votes yes.
    Mr. Udall. Mr. Chairman, could I ask how I am recorded.
    Chairman Boehlert. Who is making the inquiry? Mr. Udall.
    Ms. Tessieri. Mr. Udall is not recorded.
    Chairman Boehlert. Well Mr. Udall wants to be recorded.
    Mr. Udall. Mr. Udall votes aye.
    Ms. Tessieri. Mr. Udall votes yes.
    Chairman Boehlert. The Clerk will report.
    Ms. Tessieri. Mr. Chairman, yes, 36.
    Chairman Boehlert. Thank you very much. The amendment in 
the nature of a substitute, as amended, is passed.
    I recognize Mr. Gordon to offer a motion.
    Mr. Gordon. Thank you, Mr. Chairman.
    I have a motion to report, but first let me just very 
quickly concur with your earlier congratulations for the staff. 
They worked so hard to put this together. I particularly want 
to commend Dick Obermann and Chuck Atkins that worked many late 
hours, very late hours, as well as the staffs--the individual 
staffs of the Democratic members who came to just about every 
type of caucus that we had and every briefing that we had. They 
helped make this much better.
    And so I move that because of all of that, the Committee 
favorably report H.R. 3070, as amended, to the House with the 
recommendation that the bill, as amended, do pass. Furthermore, 
I move that the staff be instructed to prepare the legislative 
report and make necessary technical and conforming changes, 
that the Chairman take all necessary steps to bring the bill 
before the House for consideration.
    Chairman Boehlert. The question is on the motion to, report 
the bill, as amended, favorably. Those in favor of the motion 
will signify by saying aye. Opposed, no. The ayes have it, and 
the bill is favorably reported.
    Ms. Jackson Lee. Mr. Chairman, I would just ask unanimous 
consent for 1 minute to speak out of order.
    Chairman Boehlert. No, not until I finish my statement.
    Ms. Jackson Lee. Thank you, Mr. Chairman.
    Chairman Boehlert. The ayes have it, and the bill is 
favorably reported.
    Without objection, the motion to reconsider is laid upon 
the table.
    I move that members have 2 subsequent calendar days in 
which to submit supplemental, Minority, or additional views on 
the amendment--on the measure. I further move, pursuant to 
Clause 1 of Rule 22 of the House of Representatives that the 
Committee authorizes the Chairman to offer such motions as may 
be necessary in the House to adopt and pass H.R. 3070, the 
National Aeronautics and Space Administration Authorization Act 
of 2005, as amended. And without objection, so ordered.
    Before we adjourn, I will recognize Ms. Jackson Lee, but 
let me say, once again, that I am very proud, as Mr. Gordon is, 
of this Committee. We raise the bar very high, and I would 
commend our work to other Committees' attention. We understand 
civility. We understand tolerance of other points of view. And 
when you see a final package come out of this bill, as I have 
said many--out of this Committee, as I have said many times 
previously, the fingerprints of both sides and all members are 
all over it. We work together, and we produce fine products. 
And I am very proud of that. So I thank all of you and the 
staff for the dedication.
    And now, for the last word, Ms. Jackson Lee.
    Ms. Jackson Lee. Well, Mr. Chairman, we weren't there a 
week ago, and I just want to thank you, the Chairman, and the 
Ranking Member, because it is a testament to your desire to 
work together on behalf of the members of this Committee. And I 
wanted to just, on the record, thank Chairman Boehlert and 
Ranking Member Gordon for their hard work and commitment to the 
work of this Committee.
    Thank you.
    I yield back.
    Chairman Boehlert. That concludes the Committee business.
    I want to thank all of you.
    I move that we adjourn. Without objection, so ordered.
    Thank you.
    [Whereupon, at 1:05 p.m., the Committee was adjourned.]

                            A P P E N D I X

                              ----------                              

    1. Memo to the Full Committee Chairman on the markup of 
H.R. 3070, as amended by the Subcommittee on Space and 
Aeronautics.
    2. Amendment Roster of the Full Committee Markup of H.R. 
3070.
    3. Section-by-Section Analysis of the Amendment in the 
Nature of a Substitute to the National Aeronautics and Space 
Administration Authorization Act of 2005.
    4. Summary of Amendment in the Nature of a Substitute.
    5. Description of major changes included in the Amendment 
in the Nature of a Substitute Compared with H.R. 3070 as 
Reported by the Subcommittee.


                                  
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