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[Senate Report 109-108]
[From the U.S. Government Publishing Office]

109th Congress                                                   Report
                                 SENATE
 1st Session                                                    109-108
_______________________________________________________________________

                                     

                                                       Calendar No. 174

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION AUTHORIZATION ACT OF 2005

                               __________

                              R E P O R T

                                 OF THE

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                       S. H.R. deg. 1281

DATE deg.July 26, 2005.--Ordered to be printed
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                       one hundred ninth congress
                             first session

                     TED STEVENS, Alaska, Chairman
                 DANIEL K. INOUYE, Hawaii, Co-Chairman
JOHN McCAIN, Arizona                 JOHN D. ROCKEFELLER IV, West 
CONRAD BURNS, Montana                    Virginia
TRENT LOTT, Mississippi              JOHN F. KERRY, Massachusetts
KAY BAILEY HUTCHISON, Texas          BYRON L. DORGAN, North Dakota
OLYMPIA J. SNOWE, Maine              BARBARA BOXER, California
GORDON H. SMITH, Oregon              BILL NELSON, Florida
JOHN ENSIGN, Nevada                  MARIA CANTWELL, Washington
GEORGE ALLEN, Virginia               FRANK LAUTENBERG, New Jersey
JOHN E. SUNUNU, New Hampshire        E. BENJAMIN NELSON, Nebraska
JIM DEMINT, South Carolina           MARK PRYOR, Arkansas
DAVID VITTER, Louisiana
                    Lisa Sutherland, Staff Director
             Christine Drager Kurth, Deputy Staff Director
                      David Russell, Chief Counsel
     Margaret Cummisky, Democratic Staff Director and Chief Counsel
 Samuel Whitehorn, Democratic Deputy Staff Director and General Counsel

                                                       Calendar No. 174
109th Congress                                                   Report
                                 SENATE
 1st Session                                                    109-108

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

 
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION AUTHORIZATION ACT OF 2005

                                _______
                                

                 July 26, 2005.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 1281]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill joint resolution deg. (S. 
H.R. deg. 1281) TITLE deg. to authorize 
appropriations for the National Aeronautics and Space 
Administration for science, aeronautics, exploration, 
exploration capabilities, and the Inspector General, and for 
other purposes, for fiscal years 2006, 2007, 2008, 2009, and 
2010, having considered the same, reports favorably thereon 
without amendment deg. with amendments deg. 
with an amendment (in the nature of a substitute) and 
recommends that the bill joint resolution deg. (as 
amended) do pass.

                          Purpose of the Bill

  The purpose of the bill is to authorize programs of the 
National Aeronautics and Space Administration (NASA) for fiscal 
year (FY) 2006 through FY 2010. The bill would provide a 
legislative and policy framework for national space exploration 
leadership in a manner that maintains important national 
investments and research capabilities and supports vital 
national interests in security, economic growth, commercial 
development, scientific excellence, and international 
cooperation.

                          Background and Needs

  Throughout its history, NASA has provided U.S. leadership in 
science and engineering by undertaking missions which 
challenged the Nation's brightest minds and stimulated the 
highest degree of precision and technical excellence in the 
commercial and industrial sectors. In the recent past, these 
missions included robotic eyes and ears that reach deep into 
the past of the Universe to rovers that roam planetary 
surfaces. These accomplishments include significant and 
scientifically valuable short-term, crewed missions to low-
Earth orbit and the beginning of assembly and operations of the 
largest cooperative peacetime scientific endeavor ever 
undertaken, the International Space Station. NASA has also 
broken ground in research and applications relating to 
aeronautics, communications, transportation, Earth science, and 
basic research across a wide range of scientific and technical 
disciplines.
  In the reassessment of the Nation's civil space programs 
following the loss of the space shuttle Columbia and her crew, 
it became clear that NASA not only needed important internal 
changes to enhance safety and program management, but a renewed 
sense of direction and purpose. On January 14, 2004, President 
George W. Bush articulated a series of long-term goals for NASA 
in the form of a new ``Vision for Space Exploration.'' That 
Vision directed NASA to complete the International Space 
Station (ISS) in a manner which fulfills U.S. commitments to 
its international partners in that program, develop a 
replacement human-rated spaceflight vehicle to enable the 
retirement of the space shuttle orbiters, and to begin plans 
and technology development for crewed missions to the Moon and, 
eventually, to Mars.
  The bill, S. 1281, would provide the authority and policy 
guidance that would enable NASA to carry out the goals of the 
Vision for Space Exploration in a manner that maximizes the use 
of the Nation's previous investments in civil space programs 
and the resulting wealth of expertise and proven technologies. 
From this foundation, the bill would authorize and enable the 
advancement of new technological development in the pursuit of 
the Nation's civil space policy and ensure that international 
and commercial collaboration is actively pursued in both 
developing and providing capabilities and services to support 
that policy. The bill would also ensure that an appropriate 
balance is maintained among NASA's important missions of 
exploration, space operations, aeronautics research, and 
science.
  The Committee believes that a stable and gradually increasing 
funding profile for NASA and its programs is important in 
assuring the effective implementation of civil space policy. 
Therefore, the bill would authorize the appropriation of funds 
for NASA over a five-year period, coupled with the review of 
annual budget submissions to ensure consistency with the 
provisions of the bill.

                         Summary of Provisions

  S.1281 would direct NASA to implement a balanced and broad 
science program that extends human knowledge and understanding 
of the Earth, Sun, solar system, and the universe and 
biennially review and report to the Congress regarding its 
efforts to maintain a broad and balanced array of scientific 
activities.
  The bill would direct NASA to plan a shuttle servicing 
mission to the Hubble Space Telescope after the successful 
completion of the first two shuttle missions following the 
Return to Flight, in order to maintain the Hubble's unique 
scientific value. With respect to Earth science research and 
applications, the bill would direct NASA to develop a 
comprehensive plan for ensuring the vitality of Earth observing 
systems, including the identification of new approaches to 
providing systems and data analysis and enhancing collaboration 
among data users and providers.
  U.S. preeminence and leadership in exploration and discovery 
beyond low-Earth orbit contributes to the Nation's security 
interests and is a stimulus to enhanced science and engineering 
education. S. 1281 would establish a permanent human presence 
on the Moon as a goal of the United States. It would identify 
the accomplishment of that goal as an important precursor to 
the eventual human exploration of Mars. To further the Moon-
Mars objective, the bill would authorize and encourage 
international collaboration, as appropriate, and would provide 
a number of requirements to be incorporated into the 
development and implementation of plans to accomplish this 
mission. Among those requirements are the development of 
exploration technologies to support both human and robotic 
operations, the consideration of innovative governmental and 
commercial partnerships, the development of in-situ lunar 
resource utilization technologies, and the use of ground-based 
technology development and demonstrations in environments and 
under conditions analogous to lunar and Martian surface 
environments, to the extent practicable.
  The Committee recognizes the imperative for a safe, 
affordable, and near-seamless transition from current space 
shuttle operations to new and diversified national 
transportation capabilities that can meet the requirements of 
supporting ISS operations, undertake renewed lunar exploration, 
and pursue the eventual exploration of Mars. The bill would 
express the intent of the Congress that there be no gap in the 
Nation's ability to transport humans into space and would 
provide authority for the development of new crew and cargo 
vehicles which build upon existing activities, capabilities, 
and assets of the shuttle program. It would also encourage and 
incorporate commercially-developed capabilities in establishing 
the next generation of space transportation systems.
  NASA has begun assembly of the ISS. The Agency should 
complete that assembly in a manner that preserves the U.S. 
commitments to its international partners and enables the 
realization of the scientific and research potential of the 
ISS. In order to pursue the goal of exploring the Moon and 
eventually Mars, NASA should focus its research activities 
aboard the space station on those disciplines which most 
directly support long-term human exploration beyond low-Earth 
orbit. To ensure that the significant investment in space 
station development to date is preserved, NASA should use the 
space station's capabilities to support its exploration 
requirements without diminishing the broader range of 
scientific opportunities represented by a completed ISS. To 
accomplish this objective, the bill would designate the U.S. 
portion of the ISS as a National Laboratory facility. Pursuant 
to that designation, the bill would provide a process by which 
the scope and operations of that facility, along with ground-
based supporting institutions, would be defined and structured. 
That process would include the identification of opportunities 
for increased non-NASA governmental, as well as commercial, 
participation in ISS research, scientific operations, and 
support. To ensure against the loss of important scientific 
expertise and capabilities intended for eventual application 
aboard the ISS, the bill would authorize additional funding to 
sustain those capabilities through the completion of ISS 
assembly. This will also enable consideration of those 
capabilities in the process of identifying the eventual 
composition of space station-based research operations, as 
would be required by the bill.
  The development of commercial, non-government space 
exploration capabilities holds the potential to enhance the 
full range of the Nation's space exploration and utilization 
activities. To encourage opportunities for commercial 
participation in exploration activities, the bill would direct 
NASA to develop a comprehensive plan defining those 
opportunities and the means by which they can be made 
available. In addition, the bill would authorize the use of 
competitive prize awards modeled, in part, on the Ansari X-
Prize. The prize program would be administered to complement 
NASA's missions and goals. Up to $100 million in prizes could 
be awarded in any fiscal year.
  Aeronautics and aviation research needs a clear national 
policy for guiding the conduct and evolution of those 
capabilities. The bill would direct the development, through 
the Office of Science and Technology Policy, of a national 
aerospace policy that would define the United States' goals for 
aeronautics and aviation research and provide guidance for 
necessary investments in infrastructure and programs. The 
policy should establish a long-term business and management 
approach for upgrades to our Nation's air traffic management 
system and aeronautics capabilities.
  The bill would require a number of administrative 
improvements that will further enable NASA to implement the 
goals and policies provided in the bill and perform its 
management functions. These improvements include an extension 
of NASA's authority to enter into indemnification and cross-
waiver agreements with private sector parties willing to 
participate in high-risk space and aeronautics research and 
development efforts, clarification and simplification of law 
enforcement jurisdiction at NASA Centers, protection of 
astronauts' privacy in case of fatal accidents, stimulation of 
private sector participation in space research by authorizing 
NASA to provide, in advance, access to intellectual property 
developed in a cooperative agreement in exchange for commercial 
investment, a recognition of modern-day electronic commerce by 
authorizing a pilot test of expedited electronic business 
practices, and removal of several outdated reporting 
requirements.

                          Legislative History

  S. 1281 was introduced on June 21, 2005, by Senator Hutchison 
and is co-sponsored by Senators Nelson of Florida, Stevens, and 
Inouye. S. 1281 was referred to the Committee on Commerce, 
Science, and Transportation on June 21, 2005. The Committee's 
Science and Space Subcommittee held two hearings: a hearing on 
international space station research benefits, on Wednesday, 
April 20, 2005; and a hearing entitled ``Human Space Flight: 
The Space Shuttle And Beyond,'' on Wednesday, May 18, 2005. 
Witnesses for both hearings included NASA officials, industry 
representatives, and professionals with relevant expertise.
  On June 23, 2005, the Committee met in open Executive Session 
and, by a voice vote, ordered S. 1281 reported with an 
amendment proposed by Senator Stevens. The Stevens manager's 
amendment incorporated a number of suggestions raised by 
members of the Committee, as follows: (1) improving several 
provisions relating to aeronautics by Senator Allen; (2) 
encouraging amateur astronomers by Senator Allen; (3) 
establishing a lifetime healthcare program for astronauts by 
Senator Nelson of Nebraska; (4) emphasizing ongoing science 
programs by Senator Sununu; (5) encouraging private sector 
participation in space programs, including the ISS, by Senator 
Ensign; (6) increasing the authorization for NASA's centennial 
challenge prize program by Senator Ensign; (7) requiring a GAO 
study on the exploration program by Senator Ensign; (8) 
encouraging NASA to use distance learning in rural areas by 
Senator Smith; (9) changing a report deadline by Senator 
Vitter; (10) including Hispanic-serving institutions, tribal 
colleges and universities, Alaska Native-serving institutions, 
and Native Hawaiian serving institutions in a program for small 
and disadvantaged businesses by Senators Stevens and Burns; 
(11) requiring NASA to share data with the Federal Aviation 
Administration and the Five Star Medallion Program by Senator 
Stevens; (12) authorizing research at the Poker Flat Rocket 
Range and the Kodiak Launch Complex by Senator Stevens; (13) 
requiring NASA to employ technologies to reduce orbital debris 
by Senator Nelson of Florida; (14) requiring NASA to continue 
investments in Space Grant, the experimental program to 
stimulate competitive research, and NASA explorer schools; and 
(15) making technical and clarifying changes. The Committee did 
not adopt an amendment by Senator Allen regarding aeronautics 
funding and an amendment by Senator Sununu regarding funding 
for the Earth-Sun system and the universe themes.

                            Estimated Costs

  In compliance with subsection (a)(3) of paragraph 11 of rule 
XXVI of the Standing Rules of the Senate, the Committee states 
that, in its opinion, it is necessary to dispense with the 
requirements of paragraphs (1) and (2) of that subsection in 
order to expedite the business of the Senate.
  In accordance with paragraph 11(a) of rule XXVI of 
the Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office: deg.

 [Insert CBO letter, attached as pages ---- through ----] deg.

                      Regulatory Impact Statement

  In compliance with subsection (b)(2) of paragraph 11 
of rule XXVI of the Standing Rules of the Senate, the Committee 
states that, in its opinion, it is necessary to dispense with 
the requirements of paragraph (1) of that subsection in order 
to expedite the business of the Senate. deg.
  Because S. ------ does not create any new programs, 
the legislation will have no additional regulatory impact, and 
will result in no additional reporting requirements. The 
legislation will have no further effect on the number or types 
of individuals and businesses regulated, the economic impact of 
such regulation, the personal privacy of affected individuals, 
or the paperwork required from such individuals and 
businesses. deg.
  In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       NUMBER OF PERSONS COVERED

  S. 1281, as reported, would authorize appropriations for NASA 
for FY 2006 through FY 2010. NASA conducts a number of 
scientific research and development activities concerning 
aeronautics, Earth science, space science, and space 
exploration and operations. The Committee believes the bill 
will not subject any individuals or businesses affected by the 
bill to any additional regulation.

                            ECONOMIC IMPACT

  This legislation would not have an adverse impact on the 
Nation. The legislation would authorize sufficient levels to 
sustain ongoing and new awards, cooperative agreements, and 
contracts related to NASA's missions. A number of sections of 
the bill will enhance economic and educational outreach, 
licensing and applications, technology transfer, and commercial 
innovation and partnership opportunities.

                                PRIVACY

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

                               PAPERWORK

  This legislation would not increase the paperwork requirement 
for private individuals or businesses. There are reports 
required of NASA. These reports are focused around specific 
critical areas of interest to the Committee and Nation, 
including commercialization plans, exploration architecture and 
cost study, transition plan for space shuttle and space 
transportation systems, and an ISS strategy and plan.

                      Section-by-Section Analysis

Section 1. Short title; table of contents.
  Section 1 would entitle the Act as the ``National Aeronautics 
and Space Administration Authorization Act of 2005.''
Section 2. Findings.
  Section 2 would identify key findings of the Congress 
concerning the history, the future, and the value of NASA 
programs and identify priorities for the future direction of 
the Nation's civil space activities. The findings reflect 
NASA's new direction, based on the Nation's exploration vision, 
while including important, on-going science and aeronautics 
programs.
Section 3. Definitions.
  Section 3 would define key terms used in this Act.

                TITLE I--AUTHORIZATION OF APPROPRIATIONS

                       SUBTITLE A--AUTHORIZATIONS

Sections 101 through 102. FYs 2006 through 2007.
  These sections would authorize appropriations for FYs 2006 
and 2007 as follows:

                      Figure 1--Authorization Levels

                              (In $ millions)

------------------------------------------------------------------------
             Category                    FY 2006            FY 2007
------------------------------------------------------------------------
Science, Aeronautics, and                     9,661.0           10,549.8
 Exploration
Exploration Capabilities                      6,863.0            6,469.6
Inspector General                                32.4               33.5
Total                                        16,556.3           17,052.9
------------------------------------------------------------------------

  In general, the Committee supports the President's budget 
request for NASA for fiscal year 2006. As noted previously, 
however, the Committee is concerned with the refocusing of ISS-
based scientific research and the elimination or proposed 
reductions in funding levels of significant research 
initiatives in the FY 2005 Operating Plan and the proposed FY 
2006 budget. Much of this research remains crucial to 
maintaining the ISS as the premier microgravity research 
facility it was intended to be. The Committee therefore has 
authorized an additional $100 million in fiscal year 2006 for 
ISS science research as a means of preserving research 
capabilities that might otherwise be lost.
Sections 103 through 105. FYs 2008 through 2010.
  These sections would authorize total appropriations for FYs 
2008 through 2010 at a level that grows 3 percent each year 
from a baseline of the President's FY 2006 budget request, as 
adjusted in section 101 with the addition of $100,000,000 for 
space station-related research.
  NASA faces severe resource challenges in meeting its goals 
and missions. These challenges have been made more difficult by 
NASA's need to absorb within its annual budgets for the past 
two years the costs incurred as a result of the Columbia 
accident, both in preparing the space shuttle system for a 
return to flight and in maintaining essential operations and 
capacities during the intervening period. The Committee has, 
therefore, sought to provide flexibility for the NASA 
Administrator to apply resources as needed, while providing 
guidance in certain areas of specific interest and concern to 
the Committee. The Committee intends to review NASA's annual 
budget submissions in light of the policy direction contained 
in S. 1281 and propose additional changes in the law as 
appropriate. That review will also take into account the 
results of the reports and policy development in the area of 
aeronautics research and the projected balance of efforts among 
the major science disciplines, as provided in the bill.
  International partnerships, commercial opportunities, and 
administrative and facilities management improvements, as 
provided for in the bill, can help enable NASA to maximize the 
use of its available resources.
Section 106. Evaluation criteria for budget request.
  Section 106 would state the sense of the Congress that each 
budget request for NASA following enactment of the bill be 
reviewed against the provisions of the bill to ensure 
compliance with its provisions and to identify necessary 
subsequent amendments to the underlying legislation including 
authorized levels.

                       SUBTITLE B--GENERAL PROVISIONS

Section 131. Implementation of a science program that extends human 
        knowledge and understanding of the Earth, sun, solar system, 
        and the universe.
  Section 131 requires NASA to complete a science plan and 
execute a balanced science program, including aeronautics and 
space and Earth science. This section also includes language 
that would require the Administrator to make a determination 
and develop a schedule regarding the undertaking of a shuttle 
mission to service a unique national asset, the Hubble Space 
Telescope, after completion of the first two ``return-to-
flight'' shuttle missions, unless such a mission would 
compromise astronaut safety or the integrity of NASA's other 
missions. This section also would ensure that a significant 
portion of the amount expended for aeronautics is directed to 
the Vehicle Systems Program.
  While the portion of NASA's budget dedicated to science is 
projected to grow, the Universe and Sun-Earth system areas of 
the Space Science budget are facing potential decreases. 
Section 131 of the bill includes language that would require a 
determination regarding the potential acceleration of several 
of these missions to meet their original schedule.
Section 132. Biennial reports to Congress on science programs.
  Section 132 would require submission of the science plan 
every two years. This report on science balance should address 
concerns about the Universe and Sun-Earth Systems programs, as 
well as plans for science activities on lunar precursor 
missions and on the lunar surface, and partnership 
opportunities identified from greater inter-agency, commercial 
and technology collaborations. Future reports will be used to 
help determine the adequacy of NASA's efforts in these areas 
and whether further legislative direction is required.
Section 133. Status report on Hubble Space Telescope servicing mission.
  Section 133 would require the submission within 60 days after 
the landing of the second space shuttle mission after enactment 
of a one-time status report on a Hubble Space Telescope 
servicing mission.
Section 134. Develop expanded permanent human presence beyond low-Earth 
        orbit.
  Section 134 would authorize the pursuit of the core program 
outlined in the ``Vision for Space Exploration'' articulated by 
President George W. Bush on January 14, 2004. That program 
envisions a permanent base on the Moon to be utilized for 
commercial, scientific and other purposes, and to serve as a 
precursor for exploration of other bodies such as Mars. This 
section would authorize NASA to seek appropriate international 
cooperation and participation in the accomplishment of these 
objectives, to develop the technologies to utilize lunar-based 
resources and materials to sustain lunar surface operations, 
and to support further exploration beyond low-Earth orbit. This 
section also would require a plan to be submitted with the 
annual budget requests for the Agency which would include a 
defined mission architecture, an outline of planned precursor 
mission activity, technology, and transportation requirements, 
commercial opportunities, and a cost assessment to support both 
low-Earth orbit operations and lunar exploration objectives.
  The bill would endorse the expansion of human presence beyond 
low-Earth orbit, beginning with a focus on the exploration of 
the Moon and the establishment of a permanently inhabited base 
on the lunar surface to support a range of national, 
commercial, and scientific purposes. Maintaining a leadership 
role in exploration and utilization of space beyond low-Earth 
orbit is consistent with the character and heritage of the 
nation and lunar exploration is increasingly relevant to the 
nation's economic and national security interests. As greater 
interest is expressed within a growing community of space 
faring nations in lunar exploration, these considerations 
underscore the importance of seeking international cooperation 
and collaboration in the development and implementation of 
lunar exploration activities. The successful pursuit and 
accomplishment of the objectives identified in this section 
will ensure U.S. leadership in space exploration and 
development as other nations, commercial interests, and 
individuals continue to develop the means to move beyond 
Earth's bounds.
  In-situ resource utilization could play a critical role in 
enabling human exploration and eventual settlement beyond 
Earth. The use of space-based resources could reduce dependency 
on launch and space transportation systems and ensure greater 
operational independence for distant operations, whether 
temporary or permanent. The development of technologies to 
locate, process, and utilize in-situ resources also offers 
significant potential for both Earth-based commercial 
development in activities such as materials processing and 
energy and food production. In addition, the ability to 
develop, test and operate in-situ resource capabilities in the 
lunar environment is essential to enable future human 
exploration beyond the Moon. NASA should develop these 
capabilities, as well as any appropriate policy and legal 
framework to enable their use.
Section 135. Ground based analog capabilities.
  Section 135 would require NASA to evaluate and test the 
systems and operating principles necessary for utilizing the 
natural resources known to exist on the lunar surface. These 
capabilities would be tested in remote U.S. locations offering 
similar, or analogous, environments to those in which they 
would be expected to operate. This section would also require 
the maximum level of participation by local populations and the 
use of cooperative educational and industrial partnerships in 
the identification, establishment and operation of the analog 
sites and related facilities.
  Such testing and verification are essential in the 
development of capabilities crucial to lunar exploration and 
the establishment of a sustained lunar presence. These 
technologies offer significant potential for broad commercial 
participation in both the development of in-situ processing 
capabilities and in applying the proven technologies to a 
variety of commercial and other activities on Earth.
Section 136. Space launch and transportation transition, capabilities, 
        and development.
  Section 136 would require the development, within 120 days of 
the enactment of the bill, of a plan to transition to the next 
generation of capabilities for launching crew and cargo into 
space. This section would require that the plan should 
incorporate the use of existing assets of the space shuttle 
program to the maximum possible extent. This section would 
direct the development of autonomous rendezvous and docking 
capabilities to enable crew and cargo vehicles to dock with the 
International Space Station.
  While the Committee has immediate concerns about the 
continued capability to support operations and research 
activity aboard the International Space Station, it is expected 
the plan required by this section must include consideration of 
the full range of required space transportation capabilities, 
including those needed for human exploration, development, and 
permanent settlement of the Moon.
Section 137. National policy for aeronautics research and development.
  Section 137 would call for the President, acting through the 
Director of the Office of Science and Technology Policy, to 
develop a national aeronautics research and development policy 
to guide the full range of government-supported aeronautics 
research. The section would require that the policy be 
developed in consultation with NASA and other relevant Federal 
agencies. It also would make use of external or non-government 
studies which have suggested policies and actions to support 
the nation's ability to successfully participate in the global 
aerospace industry and market, such as the National Institute 
of Aeronautics study titled ``Responding to the Call: Aviation 
Plan for American Leadership.'' This policy would be submitted 
to Congress within one year.
    It is essential to ensure the nation's ability to remain 
competitive in the global aerospace marketplace. Despite 
challenges from abroad, the United States lacks a clear 
aeronautics policy that defines the roles, goals and objectives 
of government in research, development, technical advancement, 
and enhancement of the nation's aerospace industry. The policy 
would be formulated at the Presidential level, through the 
Director of the Office of Science and Technology Policy and 
include consultation not only with NASA but with other relevant 
Federal agencies, including the Departments of Transportation, 
Defense, and Commerce.
  The policy would recognize current efforts within NASA to 
address aeronautical research and development requirements on a 
cooperative and multi-agency basis, such as those undertaken by 
the Joint Planning Development Office (JPDO) for aeronautics 
and cooperative research and those within the Vehicle Systems 
Program.
  Meeting the growing demand for air travel while 
simultaneously improving aviation safety and security requires 
a complete transformation of air traffic management by the 
Federal Aviation Administration (FAA). Over the next 20 years, 
air traffic demand in the United States will more than double. 
For this growth to be safely, securely, and efficiently 
accommodated, transformation to an operational environment with 
responsibilities appropriately distributed between air and 
ground, supported by a network centric system architecture is 
necessary. The JPDO is tasked to create and implement a 
national approach for a Next Generation Air Transportation 
System (NGATS) and ensure that this transformation occurs in a 
timely fashion. The commitment of funding and the active 
leadership by senior officials at NASA and the Departments of 
Defense, Transportation, Homeland Security, and Commerce, are 
critical to the success of the JPDO initiative and must be made 
a high priority by all the departments and agencies. The 
Committee believes that a higher level of focus and integration 
of NASA's research plan with the JPDO initiative is needed and 
full industry participation is essential. Moreover, the 
Committee wants to accelerate the transition to NGATS.
  Once established, the aeronautics policy should guide 
aerospace research and development priorities and enable the 
Administration and the Congress to make informed judgments 
about the resource requirements for aerospace research and 
development. The Committee is aware of concerns that current 
funding and programmatic decisions within NASA affecting 
aerospace research and development activities and programs may 
adversely affect the nation's competitive posture in this 
important sector of trade and economic development. It is the 
Committee's view that such concerns can only be fairly assessed 
and addressed in the context of a comprehensive policy such as 
that required by the provisions of the bill. The policy should 
examine mechanisms that could create innovative management and 
funding strategies.
  The Committee directs NASA to (1) engage industry to 
collaborate with the JPDO in identifying and integrating 
existing and emerging capabilities into the design and 
development of the NGATS operational concept and supporting 
architecture; (2) partner with industry in pilot projects to 
mitigate the financial and operational risk associated with 
system transformation; and (3) deliver a report to the 
Committee on the status of these activities and how the 
aeronautics and relevant atmospheric science and space 
technology research budgets align with the JPDO and the NGATS 
vision.
Section 138. Identification of unique NASA core aeronautics research.
  Section 138 would require the NASA Administrator to provide 
an assessment of NASA's aeronautics capabilities in support of 
new aeronautic and space vehicles and the unique capabilities 
that must be retained to further space exploration and support 
U.S. economic competitiveness.
  Section 138 would require the development of an assessment of 
those current and potential capabilities within 180 days of the 
enactment of the bill. Such an assessment would make an 
important contribution to the development of the policy that 
would be required in section 137, as well as provide essential 
information to evaluate the Agency's aeronautical research 
requirements.
  The expansion of private sector commercial interest and 
activity in both atmospheric and sub-orbital flight provides 
the potential for mutually beneficial relationships in pursuit 
of aeronautical research and development between the public and 
private sector. The assessment that would be required by 
section 138 should include a thorough review of the role that 
NASA's Aeronautics Research program, personnel, and 
capabilities could play in accelerating and broadening the 
emergence of the U.S. suborbital reusable launch vehicle 
industry to serve scientific, economic, and national security 
interests. The Administrator shall, as appropriate, consult 
with other Federal agencies which may have a regulatory, 
promotional, research and development, or utilization stake in 
the future of this industry, in conducting this assessment.
Section 139. Lessons learned and best practices.
  Section 139 would require the Administrator to provide a 
plan, within 180 days after enactment of the bill, describing 
the means by which NASA will obtain, implement, and share 
lessons learned and best practices within its major programs 
and projects. The section includes specifications for the 
implementation plan and provides for the definition of 
incentives to encourage the use of lessons learned and program 
penalties for the failure to do so. This section provides a 
legislative basis for ensuring that the burgeoning culture of 
learning and safety emerging at NASA as a result of the 
Columbia accident is retained and continues to be ingrained 
into the management structure of the Agency.
Section 140. Safety management.
  Section 140 would amend the Aerospace Safety Advisory Panel 
charter to direct the Panel to evaluate NASA's compliance with 
on-going return-to-flight and continue-to-fly recommendations 
from the Columbia Accident Investigation Board. The Panel was 
legislatively established in the wake of the Apollo One fire to 
be an independent safety watchdog. This section affirms the 
Panel's important and ongoing role in assuring the highest 
level of safety in NASA's operations.
Section 141. Creation of a budget structure that aids effective 
        oversight and management.
  Section 141 would ensure that NASA identifies major program 
areas within its annual budget submissions beginning with FY 
2007 and that it consistently maintains that budget structure 
in future years to facilitate congressional oversight and 
budget management. The Committee has been frustrated by 
continually changing budget structures that have hampered the 
comparison of programs from year to year.
Section 142. Earth observing system.
  Section 142 would ensure the long-term vitality of the Earth 
Observing System by requiring the Administrator, in 
consultation with the National Oceanic and Atmospheric 
Administration and the United States Geological Survey, to 
submit a plan within 6 months after enactment of the bill that 
addresses budget projections, technical requirements, delayed 
or canceled NASA missions, plans for any transfers of 
requirements to National Polar-orbiting Environmental Satellite 
System (NPOESS), and the technical basis for exploratory Earth 
observation systems, including new satellite architectures and 
instruments.
  Section 142 reflects the Committee's concerns about the 
potential impact of evolving funding priorities on specific 
science data collection activities. The section would address 
specific concerns with the Earth Observing System, one of 
NASA's most successful Earth science programs. Such a plan is 
essential to inform future decisions regarding resource 
allocations within this important research and data collection 
activity.
Section 143. NASA healthcare program.
  Section 143 would direct the Administrator to take the 
necessary steps to establish a lifetime healthcare program for 
NASA astronauts and their families that enables the collection 
and study of healthcare data to further understanding of the 
long-term health effects of space flight on humans.
Section 144. Assessment of extension of data collection from Ulysses 
        and Voyager spacecraft.
  Section 144 would direct the Administrator to assess the 
costs and benefits of extending the termination of data 
collection from the Ulysses and Voyager spacecrafts and submit 
a report to Congress.
Section 145. Program to expand distance learning in rural underserved 
        areas.
  Section 145 would expand distance learning in rural, 
underserved areas by directing the Administrator to develop or 
expand programs to extend science and space educational 
outreach to rural communities and schools through ``distance 
learning''--video conferencing, exhibits, teacher education, 
classroom presentations, and field trips--giving priority to 
existing programs such as the Challenger Learning Centers. One 
excellent model for community involvement in science education 
is the ``Women in Technology'' program on the Island of Maui, 
Hawaii, and the Committee would hope that NASA considers such 
programs as it moves forward in distance learning programs.
Section 146. Institutions in NASA's minority institutions program.
  Section 146 would add Hispanic-serving institutions, Tribal 
Colleges or Universities, Alaska Native-serving institutions, 
and Native Hawaiian-serving institutions to the list of 
institutions, including historically Black colleges and 
universities, for consideration in NASA's small and 
disadvantaged business prime and subcontract award goals.
Section 147. Aviation safety program.
  Section 147 would improve aviation safety by requiring the 
Administrator to make satellite imagery of remote terrain 
available to the FAA and the Five Star Medallion Program for 
their programs to assist and train pilots in navigating 
challenging terrains.
Section 148. Atmospheric, geophysical, and rocket research 
        authorization.
  Section 148 would authorize the appropriation of $1,000,000 
in each of FYs 2006 through 2010 for the Poker Flat Rocket 
Range and the Kodiak Launch Facility.
Section 149. Orbital debris.
  Section 149 would direct the Administrator, in conjunction 
with heads of other agencies, to develop or acquire 
technologies to reduce the risks of orbital debris.
Section 150. Continuation of certain educational programs.
  Section 150 would direct the Administrator to ensure the 
continuation of the Space Grant College Program, the 
Experimental Program to Stimulate Competitive Research 
(EPSCoR), and NASA Explorer Schools. These programs help bring 
NASA research to States and communities that do not have a NASA 
center and are vital to educating and inspiring the next 
generation of U.S. scientists and engineers.
Section 151. Establishment of the Charles ``Pete'' Conrad Astronomy 
        Awards Program.
  Section 151 would authorize the establishment of an award 
program, named in honor of former astronaut Pete Conrad, 
recognizing amateur astronomers involved in the search for 
near-Earth objects. The annual awards would be in the amount of 
$3000 and would be limited to U.S. citizens or permanent 
residents.
  Governmental efforts to identify and catalogue near-Earth 
objects are addressed elsewhere in this bill. However, many 
amateur astronomers identify and track near-Earth objects. This 
program offers an opportunity to recognize them and provide an 
incentive for their continued efforts, which augment the 
Government's program.
Section 152. GAO assessment of feasibility of Moon and Mars exploration 
        missions.
  Section 152 would require the Comptroller General, within 
nine months of enactment of the bill, to submit an assessment 
of the long-term cost implications of NASA's Moon and Mars 
exploration programs, including architecture and schedule.
  The Committee recognizes the difficulty of developing a 
single, firm cost estimate of programs that are designed to 
evolve over time as new technologies come on line. These 
additional capabilities, coupled with commercial and 
international participation, will require NASA to adjust its 
funding and planning for a program of exploration expected to 
continue into the future. The assessment that would be required 
by section 152 should be focused on an evaluation of the 
methodology utilized by NASA in developing the funding 
projections that accompany program definitions as a component 
of annual budget submissions. This assessment should address 
the methods by which NASA's program progress evaluations can be 
utilized to minimize the danger of making long-term funding 
commitments to high-risk program development activities, 
including options for conducting such assessments over the life 
of Moon and Mars Exploration programs.

             SUBTITLE C--LIMITATIONS AND SPECIAL AUTHORITY

Section 161. Official representational fund.
  Section 161 would authorize the use of up to $70,000 for 
official reception and representation expenses.
Section 162. Facilities management.
  Section 162 would allow NASA to retain the proceeds from the 
sale of real and personal property and expand NASA's ability to 
implement enhanced use lease authority beyond the current two 
center pilot projects. Section 162 also would require NASA to 
provide authorizing committees with the same reprogramming 
notifications that it provides to the Committees on 
Appropriations.
  Currently, real property declared as ``excess'' can only be 
divested through public sale. The proceeds of any such sale are 
sent to General Receipts, U.S. Treasury. Section 162 would 
provide that the proceeds remain with NASA and be available to 
be reinvested in NASA. This would facilitate several 
objectives: (1) provide incentive to the NASA Centers to 
declare real property as excess and proceed with disposal; (2) 
encourage the Centers to consolidate functions and offices 
therefore freeing land and buildings for excessing; (3) enable 
such consolidations by using sale proceeds to relocate 
facilities and personnel; and (4) improve the condition of NASA 
physical plants by allowing sale proceeds to augment available 
maintenance and repair funding. NASA would be directed to 
develop a facilities investment plan that would guide the use 
of this authority, consistent with the Agency's mission.

                 TITLE II--INTERNATIONAL SPACE STATION

Section 201. International Space Station certification.
  Section 201 would require that the ISS be completed, 
fulfilling international partner agreements and providing for 
research in diverse disciplines. It would ensure that there be 
a contingency plan to address Station servicing needs during 
any potential hiatus in U.S. capability to transport humans and 
cargo into space, and would require that the Administrator 
report such plan to the Congress within 60 days of enactment of 
the bill and before making any change in the ISS assembly 
sequence that is in effect on the date of enactment. Section 
201 also would direct the Administrator to provide Congress 
with an assessment of the impacts of the Columbia accident and 
full cost accounting on the development cost of the ISS, and 
any needed changes to the ISS cost limitations contained in the 
NASA Authorization Act of 2000.
  The Committee views the fulfillment of U.S. commitments to 
and agreements with its partners in the International Space 
Station program as essential to the long-term interests of the 
United States. Failure to fulfill these commitments could 
undermine future efforts to secure international cooperation in 
exploration activities. These commitments involve more than 
completion of space station assembly, but also utilization, 
operational support, and resupply. The Committee is well aware 
of the nation's extensive investment in space station 
development and the many challenges and debates regarding the 
space station. The ISS has been supported by the Congress in 
large part due to its promise and potential as a unique 
international laboratory facility capable of hosting a wide 
range of scientific research that can only be undertaken in a 
microgravity environment. As the ISS approaches the completion 
of its assembly, that research potential must be preserved. 
Title II of this bill is intended to meet that objective. The 
Committee understands that sufficient crew time is required to 
monitor and conduct research activities. As a result, the 
Committee believes that at least 6 crew members are required to 
enable the most effective utilization of the planned ISS 
laboratory facilities. Section 201 would require that the final 
ISS configuration include the capability to support at least 
that number of crew. The Committee does not intend to establish 
the minimum level of crew that must be aboard ISS at any given 
time. Rather, it intends that the ISS must have the life-
support, accommodations, logistics, and other critical 
capabilities to support a 6-person crew.
  In addition to sufficient crew time, the effective 
utilization of the ISS requires the availability of supplies, 
equipment, replacement parts, and other necessary items and 
materials. Section 201 would ensure such availability by 
directing that the ISS be capable of docking with a wide range 
of crew transport and cargo handling vehicles. Further, this 
section would require the development of contingency options to 
ensure that ISS crew and operations can be adequately sustained 
during any hiatus between the availability of the space shuttle 
and the follow-on or replacement vehicles capable of 
transporting crew and cargo to and from the Station. This 
provision would also apply to any interruption in launch system 
availability that would affect ISS operations.
  The Committee is aware that discussions among the ISS 
international partners may result in proposed modifications to 
the ISS assembly sequence. Section 201 would require that NASA 
notify the Congress, within sixty days of the enactment of the 
bill, and prior to making any change in the current assembly 
sequence, of the plans to comply with the requirements that 
would be imposed by this section.
  The Committee is aware that the accumulated cost associated 
with ISS development is approaching the cost limitation imposed 
by the Congress in section 202 of the NASA Authorization Act of 
2000 (Public Law 106-381) and that the Administration has 
requested relief from the provisions of that limitation. The 
Committee continues to support the need to monitor and limit 
total ISS development cost. However, the Committee understands 
that the existing statutory requirement could not have taken 
into account the unexpected additional expenditures in areas 
covered by the cost limitation caused by the Columbia accident 
and the resulting suspension of ISS assembly activity. In 
addition, the current cost limitation was developed before 
NASA's implementation of full cost-accounting. It is now 
difficult to define ISS development costs in the manner 
envisioned by the cost limitation. The Committee believes the 
calculations of total ISS development costs should take these 
circumstances into account in assessing compliance with the 
statutory requirement. Section 201 would direct NASA to prepare 
and submit to the Congress, within 6 months of enactment of the 
bill, materials that describe the cost impact of these 
circumstances, and to recommend any statutory changes needed in 
the underlying Act to address those impacts. It is the 
Committee's intent that no sanction be imposed under the terms 
of the cost limitation until this assessment is complete.
Section 202. Research on the International Space Station.
  Section 202 would describe the variety of scientific research 
to be conducted on ISS and the ground-based research needed to 
ensure that Station research is of the highest quality. It 
would require that the Administrator evaluate other scientific 
uses for ISS, including use as a test bed and that, subsequent 
to the completion of ISS assembly, steps be taken toward the 
transition of ISS research management to a public-private 
partnership as described in section 203. This section would 
require the submission of a comprehensive ISS research plan 
within one year of the date of enactment of the bill.
  A primary justification for the nation's investment in ISS is 
the scientific and research potential it represents. Section 
202 would reaffirm that view and provide guidance regarding the 
scope of the research activity to be conducted aboard the space 
station, including consideration of ground-based supporting and 
precursor research and the essential technical and scientific 
expertise associated with the planned research. Section 202 
would specify examples of the research disciplines that should 
be considered in developing long-range research plans for ISS. 
While those examples are not intended to represent a required 
array of science disciplines, the Committee expects that they 
be carefully reviewed for their potential contributions to a 
broad range of ISS science capabilities that is planned on the 
basis of scientific value and potential rather than fall victim 
to an arbitrary budget-driven exercise. The eventual 
availability of supporting resources for science disciplines 
not directly associated with supporting the requirements of the 
Vision for Exploration cannot yet be determined, but important 
research capabilities should not be precluded from eventual 
application aboard the ISS as a result of near-term decisions 
based on cost or budget considerations. In order to address 
this concern, section 101(2) of the bill would authorize and 
require that $100,000,000 be made available in FY 2006 to 
provide continuing interim ground-based support for ISS 
research capabilities identified by NASA as not essential for 
exploration requirements.
  The Committee recognizes that potential constraints on the 
ability to return research-related payloads to Earth for 
analysis on a timely basis represents a potential for 
degradation of ISS research capacity. Section 202 of the bill 
would address this concern by directing the establishment and 
maintenance of on-orbit analytical capabilities aboard the ISS.
Section 203. National laboratory status for the International Space 
        Station.
  Section 203 would designate the U.S. segment of the ISS as a 
national laboratory facility and would require the 
Administrator to outline the operations and functions of the 
space station national laboratory activities in a report to be 
provided within one year of the date of enactment of the bill.
  The new direction embodied in the Vision for Exploration, in 
which NASA must focus its planning and program development 
beyond low-Earth orbit, places significant pressure on the 
completion of space station assembly and its outfitting for 
operations and research. While limited resources and new 
mission requirements place constraints on the research 
capabilities that NASA can support aboard the ISS, it is the 
Committee's view that the means must be found to preserve the 
broadest possible research potential for the ISS. Section 203 
of the bill would provide such a means by designating the U.S. 
segment of the ISS as a National Laboratory facility. Such 
designation underscores the significance and importance placed 
on the scientific and research potential of the ISS.
  The section would further require that the NASA Administrator 
develop a plan, to be submitted within one year of the date of 
enactment of the bill, that would specify the content and 
operations of the ISS National Laboratory facility and the 
structure, management, and operations of a ground-based 
National Laboratory. This lab would operate within the NASA 
structure as a cooperative undertaking, with government and 
non-government participants, and would assume responsibility 
for management and operations of the research aboard the 
facility. The implementation plan should include an assessment 
of the potential application of institutional arrangements used 
by other major governmental research and development facilities 
and complex, technology-dependent public infrastructure 
systems, including transportation authorities.
  Following the submission of the required report, NASA may 
require specific enabling legislation authorizing the 
establishment of the ISS National Laboratory and authorizing it 
to receive and utilize funding and other support from non-NASA 
governmental entities and from appropriate non-governmental 
sources.
  Successful implementation of the requirements of this section 
could provide the means of ensuring the broadest possible use 
of the ISS for scientific research, while enabling NASA to 
focus its ISS-supported research on meeting the requirements of 
the Vision for Exploration.
Section 204. Commercial support of International Space Station 
        operations and utilization.
  Section 204 would encourage the Administrator to utilize 
commercial providers, where possible, in supplying and 
enhancing the capabilities of the Station.
  Regular and reliable access to the ISS is essential to 
establishing the ISS's viability as a National Laboratory. 
Possible cargo resupply capabilities for the ISS are emerging 
and NASA is encouraged to competitively purchase services on a 
fixed-price, commercial-terms basis, from providers as soon as 
possible. The Administrator's stated preference for open 
architectures can allow for new commercial entrants to be 
rewarded by successful development of new space transportation 
capabilities, including crew as well as cargo systems.
  NASA is encouraged to continue its use of innovative 
contracting and partnership approaches for supporting 
development of alternative Earth to Orbit crew transfer 
capabilities, which may provide additional reliability for 
maintenance of support for the ISS and, potentially, future 
human exploration operations between low-Earth orbit and the 
Moon.
Section 205. Use of the International Space Station and annual report.
  Section 205 would establish a policy of broad utilization of 
the International Space Station and would require an annual 
report detailing its uses.

            TITLE III--NATIONAL SPACE TRANSPORTATION POLICY

Section 301. United States human-rated launch capacity assessment.
  Section 301 would require the Administrator to provide an 
analysis of and transition plans for NASA's space 
transportation requirements, including the manner in which the 
plans meet the requirements under section 136 of the bill, any 
impacts to the industrial base, the plan's contribution to a 
national mixed-use fleet, plans for transition, support for the 
space station, development risks, costs, and schedule.
Section 302. Space shuttle transition.
  Section 302 would prohibit the NASA Administrator from 
retiring the space shuttle orbiter until a replacement human-
rated spacecraft system has demonstrated it can take humans 
into Earth orbit and return them safely. The Administrator 
would be prohibited from terminating any contracts or replacing 
any vendors until delivery of the transition plan required by 
this section.
  The Committee views with great concern the possibility that 
the arbitrary retirement of the space shuttle orbiter on a date 
certain, without proven alternative crew and cargo launch 
capabilities in operation, would place the United States at a 
serious disadvantage in maintaining its leadership in human 
space exploration and would have a potentially negative impact 
on national security. Section 302 would resolve this concern by 
requiring that such systems be in place before the orbiter 
fleet is fully retired. The section does not require any number 
of flights by the orbiter. Rather, it requires that the orbiter 
be capable of flight.
  The Committee notes with approval the efforts being 
undertaken by NASA to close or narrow this potential gap in 
U.S. launch capability, and awaits the results of the 
Exploration Systems Architecture Study.
  The Committee further acknowledges the challenges inherent in 
accelerating development of replacement capabilities, 
especially in the context of limited resources. The Committee 
will review the final definition of efforts to address the 
potential gap in U.S. crew and cargo launch capability, and is 
prepared to consider modifications of this section of the bill 
either by amendment during further consideration of the bill by 
the Congress or by subsequent legislative enactment.
Section 303. Commercial launch vehicles.
  Section 303 would express the sense of the Congress that NASA 
should employ commercial launch vehicles where appropriate.
Section 304. Secondary payload capacity.
  Section 304 would require that NASA develop a secondary 
capacity for carrying payloads such as small scientific 
satellites and free flyers. This section does not refer to the 
development of new launch vehicles. Rather, it seeks to address 
the diversity of opportunities and the wait time for new 
instruments and experiments that could be shortened through the 
use of innovative secondary payload capacity.

                 TITLE IV--ENABLING COMMERCIAL ACTIVITY

Section 401. Commercialization plan.
  Section 401 would require the Administrator, in consultation 
with the Associate Administrator for Commercial Space 
Transportation of the Federal Aviation Administration and the 
Director of the Office of Space Commercialization of the 
Department of Commerce, to submit to Congress a 
commercialization plan that identifies opportunities for the 
private sector to participate in the human missions to low-
Earth orbit, Moon and Mars, and Earth science missions and 
applications. The plan would be required to be submitted to the 
Senate Committee on Commerce, Science, and Transportation and 
the House Committee on Science.
Section 402. Authority for competitive prize program to encourage 
        development of advanced space and aeronautical technologies.
  Section 402 would amend the Space Act to authorize NASA to 
carry out a program to award prizes to stimulate innovation in 
basic, advanced, and applied research; technology development; 
and prototype demonstrations that have the potential to improve 
the performance of the aeronautical and space activities of 
NASA. The total amount of cash prizes awarded in a fiscal year 
may not exceed $100,000,000. No prize competition may result in 
the award of more than $1,000,000 in cash prizes without the 
approval of the Administrator or his designee.
  Awarding prizes up to $100 million in any fiscal year is 
intended to help the Agency meet technology challenges, 
particularly in exploration. By specifying only the goal but 
not the exact procedure, the Committee expects these prizes to 
attract a broad spectrum of ideas and participants, including 
non-traditional sources of innovation that contribute to 
greater diversity in engineering approaches. NASA would be able 
to leverage the technical resources of all the participants, 
with each participating team bringing new and different 
technical resources and knowledge to apply to the problem. Such 
innovation may result in novel or low-cost solutions to NASA's 
engineering problems.
  Competitive prizes have been used successfully in the past to 
support the development of advanced technologies and have been 
endorsed by the National Academy of Engineering. Most 
historical examples show that the total money spent in pursuit 
of a prize far exceeds the value of the prize. After 1900, and 
during the interwar years, prizes catalyzed development of new 
aircraft technologies and demonstration of new aircraft 
capabilities (including Charles Lindbergh's transatlantic 
flight). Newspapers, the U.S. Postal Service, the Department of 
Defense, and major airlines have sponsored these prizes. Recent 
prize programs include the Ansari X-Prize, a privately funded 
launch vehicle competition that attracted 25 competing teams 
that made investments totaling several times the $10 million 
value of the prize. Prize programs demonstrate how a NASA 
program could multiply a return on its investment. The above 
examples also demonstrate how prizes can draw substantial media 
attention and public interest to the technical field, 
competitors, and the prize sponsors. At NASA, a prize program 
could encourage unexplored technology pathways to meet mission 
objectives and requirements, promote science and technology 
education and increase public interest in NASA's programs. 
Nonetheless, NASA's use of this authority should be guided by 
its space architecture and mission needs.
Section 403. Commercial goods and services.
  Section 403 would express the Sense of the Congress that NASA 
should purchase commercially available space goods and services 
to the fullest extent feasible in support of its activities, 
encourage commercial use and development of space, and utilize 
space goods and services that are under development by the 
private sector.

           TITLE V--MISCELLANEOUS ADMINISTRATIVE IMPROVEMENTS

Section 501. Extension of indemnification authority.
  This provision would amend section 309 of the Space Act to 
extend its authority by two years. Section 309 authorizes NASA 
to enter into agreements to indemnify developers and operators 
of experimental space vehicles for liability for damages to 
third parties in excess of required insurance and to pursue 
cooperative agreements containing cross-waivers of liability 
with cooperating parties. This authority, modeled on the 
Commercial Space Launch Act, currently expires on September 30, 
2005.
Section 502. Intellectual property provisions.
  Section 502 would amend the Space Act by adding a new 
subsection (g) to section 305, which would provide NASA with 
the authority to license or assign title to inventions made by 
a NASA employee to organizations that are participants in 
agreements entered into pursuant to section 203(c)(5) and 
(c)(6) of the Space Act (including what are known as Space Act 
Agreements). This authority will conform NASA's authority under 
the Space Act with authority already provided to other agencies 
under the Stevenson-Wydler Technology Innovation Act of 1980, 
as amended by the Federal Technology Transfer Act of 1986, for 
the use of Cooperative Research and Development Agreements 
(CRADAs).
Section 503. Retrocession of jurisdiction.
  Section 503 would provide the Administrator authority to 
relinquish the legislative jurisdiction of the United States 
over lands or interests under the Administrator's control to 
the State within which the lands or interests are located. This 
authority is similar to that held by other executive branch 
agencies, and would in no way prejudice NASA ownership of the 
property.
Section 504. Recovery and disposition authority.
  Section 504 would protect the privacy of astronauts and their 
families and enhance NASA's ability to conduct thorough 
investigations of accidents involving NASA human space flight 
vehicles by authorizing the Administrator to take control over 
the remains of any crew members and order autopsies and other 
scientific or medical tests when there is an accident or mishap 
resulting in the death of a crew member of a NASA human space 
flight vehicle.
Section 505. Requirement for independent cost analysis.
  This section would: (1) amend section 301 of the NASA 
Authorization Act of 2000, Public Law No. 106-391, to replace 
the term ``Phase B of a project'' with ``implementation of a 
project'' and to include a definition of implementation in 
order to make the statutory language consistent with 
terminology currently used by NASA in describing the various 
stages of program or project development; (2) reside the 
responsibility for this activity with the Administrator, rather 
than the Chief Financial Officer; (3) require that the 
Administrator also consider the analysis before obligating 
funds for project implementation; and (4) include a definition 
of independent life cycle cost analysis in order to avoid 
confusion regarding who may conduct the analysis in 
satisfaction of the statute.
Section 506. Electronic access to business opportunities.
  This section would enable NASA to test how best to utilize 
the economies available through the use of electronic commerce. 
Specifically, it would allow NASA to conduct a pilot program 
under which it would reduce the amount of time currently 
required between the publication of notice of a contract action 
and the release of the solicitation.
Section 507. Reports elimination.
  Section 507 would repeal several reporting requirements that 
have been rendered superfluous or unnecessary by events or 
completion of the underlying objective.

                      Rollcall Votes in Committee

  In accordance with paragraph 7(c) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following description of the record votes during its 
consideration of S. 1281:

  Senator Allen offered an amendment to direct a minimum level 
of funding of $919 million into aeronautical research and 
development. By roll call vote of 9 yeas and 13 nays as 
follows, the amendment was defeated:
        YEAS--9                       NAYS--13
Mr. Ensign\1\                       Mr. Stevens
Mr. Allen                           Mr. McCain\1\
Ms. Sununu                          Mr. Burns\1\
Mr. DeMint                          Mr. Lott
Mr. Rockefeller                     Mrs. Hutchison
Mr. Kerry                           Ms. Snowe
Mrs. Boxer                          Mr. Smith
Mr. Lautenberg                      Mr. Vitter
Mr. Pryor                           Mr. Inouye
                                    Mr. Dorgan
                                    Mr. Nelson of Florida
                                    Ms. Cantwell
                                    Mr. Nelson of Nebraska

    \1\By proxy

  Senator Sununu offered an amendment to authorize $2.2 billion 
for solar terrestrial probes and $1.5 billion for planetary 
exploration. By roll call vote of 9 yeas and 13 nays as 
follows, the amendment was defeated:
        YEAS--9                       NAYS--13
Mr. Ensign\1\                       Mr. Stevens
Mr. Allen                           Mr. McCain\1\
Ms. Sununu                          Mr. Burns\1\
Mr. DeMint\1\                       Mr. Lott\1\
Mr. Rockefeller\1\                  Mrs. Hutchison
Mr. Kerry\1\                        Ms. Snowe
Mr. Dorgan\1\                       Mr. Smith
Mrs. Boxer\1\                       Mr. Vitter\1\
Mr. Lautenberg                      Mr. Inouye
                                    Mr. Nelson of Florida
                                    Ms. Cantwell
                                    Mr. Nelson of Nebraska\1\
                                    Mr. Pryor

    \1\By proxy

  By a roll call vote of 22 yeas and 0 nays as follows, the 
bill was ordered reported:
        YEAS--22                      NAYS--0
Mr. Stevens
Mr. McCain\1\
Mr. Burns
Mr. Lott
Mrs. Hutchison
Ms. Snowe
Mr. Smith
Mr. Ensign\1\
Mr. Allen
Mr. Sununu
Mr. DeMint\1\
Mr. Vitter\1\
Mr. Inouye
Mr. Rockefeller\1\
Mr. Kerry\1\
Mr. Dorgan\1\
Mrs. Boxer\1\
Mr. Nelson of Florida
Ms. Cantwell
Mr. Lautenberg
Mr. Nelson of Nebraska
Mr. Pryor

    \1\By proxy

       Additional, Supplemental, or Minority Views deg.

                        Changes in Existing Law

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

       NATIONAL AERONAUTICS AND SPACE ADMINISTRATION ACT OF 1958

                   TITLE III--NATIONAL SPACE PROGRAM

SEC. 301. INDEPENDENT LIFE-CYCLE COST ANALYSIS.

                           [42 U.S.C. 2459g]

  (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 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 
program or project after preliminary design, independent 
assessment of the preliminary design, and approval to proceed 
into implementation, including critical design, development, 
certification, launch, operations, disposal of assets, and, for 
technology programs, development, testing, analysis and 
communication of the results to the customers.

           *       *       *       *       *       *       *

SEC. 305. PROPERTY RIGHTS IN INVENTIONS.

                            [42 U.S.C. 2457]

  (a) Exclusive Property of United States; Issuance of 
Patent.--Whenever any invention is made in the performance of 
any work under any contract of the Administration, and the 
Administrator determines that--
          (1) the person who made the invention was employed or 
        assigned to perform research, development, or 
        exploration work and the invention is related to the 
        work he was employed or assigned to perform, or that it 
        was within the scope of his employment duties, whether 
        or not it was made during working hours, or with a 
        contribution by the Government of the use of Government 
        facilities, equipment, materials, allocated funds, 
        information proprietary to the Government, or services 
        of Government employees during working hours; or
          (2) the person who made the invention was not 
        employed or assigned to perform research, development, 
        or exploration work, but the invention is nevertheless 
        related to the contract, or to the work or duties he 
        was employed or assigned to perform, and was made 
        during working hours, or with a contribution from the 
        Government of the sort referred to in clause (1), such 
        invention shall be the exclusive property of the United 
        States, and if such invention is patentable a patent 
        therefor shall be issued to the United States upon 
        application made by the Administrator, unless the 
        Administrator waives all or any part of the rights of 
        the United States to such invention in conformity with 
        the provisions of subsection (f) of this section.
  (b) Contract Provisions for Furnishing Reports of Inventions, 
Discoveries, Improvements, or Innovations.--Each contract 
entered into by the Administrator with any party for the 
performance of any work shall contain effective provisions 
under which such party shall furnish promptly to the 
Administrator a written report containing full and complete 
technical information concerning any invention, discovery, 
improvement, or innovation which may be made in the performance 
of any such work.
  (c) Patent Application.--No patent may be issued to any 
applicant other than the Administrator for any invention which 
appears to the Under Secretary of Commerce for Intellectual 
Property and Director of the United States Patent and Trademark 
Office (hereafter in this section referred to as the 
``Director'') to have significant utility in the conduct of 
aeronautical and space activities unless the applicant files 
with the Director, with the application or within thirty days 
after request therefor by the Director, a written statement 
executed under oath setting forth the full facts concerning the 
circumstances under which such invention was made and stating 
the relationship (if any) of such invention to the performance 
of any work under any contract of the Administration. Copies of 
each such statement and the application to which it relates 
shall be transmitted forthwith by the Director to the 
Administrator.
  (d) Issuance of Patent to Applicant; Request by 
Administrator; Notice; Hearing; Determination; Review.--Upon 
any application as to which any such statement has been 
transmitted to the Administrator, the Director may, if the 
invention is patentable, issue a patent to the applicant unless 
the Administrator, within ninety days after receipt of such 
application and statement, requests that such patent be issued 
to him on behalf of the United States. If, within such time, 
the Administrator files such a request with the Director, the 
Director shall transmit notice thereof to the applicant, and 
shall issue such patent to the Administrator unless the 
applicant within thirty days after receipt of such notice 
requests a hearing before the Board of Patent Appeals and 
Interferences on the question whether the Administrator is 
entitled under this section to receive such patent. The Board 
may hear and determine, in accordance with rules and procedures 
established for interference cases, the question so presented, 
and its determination shall be subject to appeal by the 
applicant or by the Administrator to the United States Court of 
Appeals for the Federal Circuit in accordance with procedures 
governing appeals from decisions of the Board of Patent Appeals 
and Interferences in other proceedings.
  (e) False Representations; Request for Transfer of Title to 
Patent; Notice; Hearing; Determination; Review.--Whenever any 
patent has been issued to any applicant in conformity with 
subsection (d), and the Administrator thereafter has reason to 
believe that the statement filed by the applicant in connection 
therewith contained any false representation of any material 
fact, the Administrator within five years after the date of 
issuance of such patent may file with the Director a request 
for the transfer to the Administrator of title to such patent 
on the records of the Director. Notice of any such request 
shall be transmitted by the Director to the owner of record of 
such patent, and title to such patent shall be so transferred 
to the Administrator unless within thirty days after receipt of 
such notice such owner of record requests a hearing before the 
Board of Patent Appeals and Interferences on the question 
whether any such false representation was contained in such 
statement. Such question shall be heard and determined, and 
determination thereof shall be subject to review, in the manner 
prescribed by subsection (d) for questions arising thereunder. 
No request made by the Administrator under this subsection for 
the transfer of title to any patent, and no prosecution for the 
violation of any criminal statute, shall be barred by any 
failure of the Administrator to make a request under subsection 
(d) for the issuance of such patent to him, or by any notice 
previously given by the Administrator stating that he had no 
objection to the issuance of such patent to the applicant 
therefor.
  (f) Waiver of Rights to Inventions; Inventions and 
Contributions Board.--Under such regulations in conformity with 
this subsection as the Administrator shall prescribe, he may 
waive all or any part of the rights of the United States under 
this section with respect to any invention or class of 
inventions made or which may be made by any person or class of 
persons in the performance of any work required by any contract 
of the Administration if the Administrator determines that the 
interests of the United States will be served thereby. Any such 
waiver may be made upon such terms and under such conditions as 
the Administrator shall determine to be required for the 
protection of the interests of the United States. Each such 
waiver made with respect to any invention shall be subject to 
the reservation by the Administrator of an irrevocable, 
nonexclusive, nontransferable, royalty-free license for the 
practice of such invention throughout the world by or on behalf 
of the United States or any foreign government pursuant to any 
treaty or agreement with the United States. Each proposal for 
any waiver under this subsection shall be referred to an 
Inventions and Contributions Board which shall be established 
by the Administrator within the Administration. Such Board 
shall accord to each interested party an opportunity for 
hearing, and shall transmit to the Administrator its findings 
of fact with respect to such proposal and its recommendations 
for action to be taken with respect thereto.
  (g) Assignment of Patent Rights, Etc.--
          (1) In general.--Under agreements entered into 
        pursuant to paragraph (5) or (6) of section 203(c) of 
        this Act (42 U.S.C. 2473(c)(5) or (6)), the 
        Administrator may--
                  (A) grant or agree to grant in advance to a 
                participating party, patent licenses or 
                assignments, or options thereto, in any 
                invention made in whole or in part by an 
                Administration employee under the agreement; or
                  (B) subject to section 209 of title 35, grant 
                a license to an invention which is Federally 
                owned, for which a patent application was filed 
                before the signing of the agreement, and 
                directly within the scope of the work under the 
                agreement, for reasonable compensation when 
                appropriate.
          (2) Exclusivity.--The Administrator shall ensure, 
        through such agreement, that the participating party 
        has the option to choose an exclusive license for a 
        pre-negotiated field of use for any such invention 
        under the agreement or, if there is more than 1 
        participating party, that the participating parties are 
        offered the option to hold licensing rights that 
        collectively encompass the rights that would be held 
        under such an exclusive license by one party.
          (3) Conditions.--In consideration for the 
        Government's contribution under the agreement, grants 
        under this subsection shall be subject to the following 
        explicit conditions:
                  (A) A nonexclusive, nontransferable, 
                irrevocable, paid-up license from the 
                participating party to the Administration to 
                practice the invention or have the invention 
                practiced throughout the world by or on behalf 
                of the Government. In the exercise of such 
                license, the Government shall not publicly 
                disclose trade secrets or commercial or 
                financial information that is privileged or 
                confidential within the meaning of section 552 
                (b)(4) of title 5, United States Code, or which 
                would be considered as such if it had been 
                obtained from a non-Federal party.
                  (B) If the Administration assigns title or 
                grants an exclusive license to such an 
                invention, the Government shall retain the 
                right--
                          (i) to require the participating 
                        party to grant to a responsible 
                        applicant a nonexclusive, partially 
                        exclusive, or exclusive license to use 
                        the invention in the applicant's 
                        licensed field of use, on terms that 
                        are reasonable under the circumstances; 
                        or
                          (ii) if the participating party fails 
                        to grant such a license, to grant the 
                        license itself.
                  (C) The Government may exercise its right 
                retained under subparagraph (B) only in 
                exceptional circumstances and only if the 
                Government determines that--
                          (i) the action is necessary to meet 
                        health or safety needs that are not 
                        reasonably satisfied by the 
                        participating party;
                          (ii) the action is necessary to meet 
                        requirements for public use specified 
                        by Federal regulations, and such 
                        requirements are not reasonably 
                        satisfied by the participating party; 
                        or
                          (iii) the action is necessary to 
                        comply with an agreement containing 
                        provisions described in section 
                        12(c)(4)(B) of the Stevenson-Wydler 
                        Technology Innovation Act of 1980 (15 
                        U.S.C. 3710a(c)(4)(B)).
                  (4) Appeal and review of determination.--A 
                determination under paragraph (3)(C) is subject 
                to administrative appeal and judicial review 
                under section 203(b) of title 35, United States 
                Code.
  (g) [Repealed]
  (h) Protection of Title.--The Administrator is authorized to 
take all suitable and necessary steps to protect any invention 
or discovery to which he has title, and to require that 
contractors or persons who retain title to inventions or 
discoveries under this section protect the inventions or 
discoveries to which the Administration has or may acquire a 
license of use.
  (i) Administration as Defense Agency.--The Administration 
shall be considered a defense agency of the United States for 
the purpose of chapter 17 of title 35 of the United States Code 
(35 U.S.C.S 181 et seq.).
  (j) Definitions.--As used in this section--
          (1) the term ``person'' means any individual, 
        partnership, corporation, association, institution, or 
        other entity;
          (2) the term ``contract'' means any actual or 
        proposed contract, agreement, understanding, or other 
        arrangement, and includes any assignment, substitution 
        of parties, or subcontract executed or entered into 
        thereunder; and
          (3) the term ``made'', when used in relation to any 
        invention, means the conception or first actual 
        reduction to practice of such invention.
  (k) Objects Intended for Launch, Launched, or Assembled in 
Outer Space.--Any object intended for launch, launched, or 
assembled in outer space shall be considered a vehicle for the 
purpose of section 272 of title 35, United States Code.
  (l) Use or Manufacture of Patented Inventions Incorporated in 
Space Vehicles Launched for Persons Other than United States.--
The use or manufacture of any patented invention incorporated 
in a space vehicle launched by the United States Government for 
a person other than the United States shall not be considered 
to be a use or manufacture by or for the United States within 
the meaning of section 1498(a) of title 28, United States Code, 
unless the Administration gives an express authorization or 
consent for such use or manufacture.

           *       *       *       *       *       *       *

SEC. 309. EXPERIMENTAL AEROSPACE VEHICLE.

                           [42 U.S.C. 2458c]

  (a) In General.--The Administrator may provide liability 
insurance for, or indemnification to, the developer of an 
experimental aerospace vehicle developed or used in execution 
of an agreement between the Administration and the developer.
  (b) Terms and Conditions.--
          (1) In general.--Except as otherwise provided in this 
        section, the insurance and indemnification provided by 
        the Administration under subsection (a) to a developer 
        shall be provided on the same terms and conditions as 
        insurance and indemnification is provided by the 
        Administration under section 308 of this Act (42 U.S.C. 
        2458b) to the user of a space vehicle.
          (2) Insurance.--
                  (A) In general.--A developer shall obtain 
                liability insurance or demonstrate financial 
                responsibility in amounts to compensate for the 
                maximum probable loss from claims by--
                          (i) a third party for death, bodily 
                        injury, or property damage, or loss 
                        resulting from an activity carried out 
                        in connection with the development or 
                        use of an experimental aerospace 
                        vehicle; and
                          (ii) the United States Government for 
                        damage or loss to Government property 
                        resulting from such an activity.
                  (B) Maximum required.--The Administrator 
                shall determine the amount of insurance 
                required, but, except as provided in 
                subparagraph (C), that amount shall not be 
                greater than the amount required under section 
                70112(a)(3) of title 49, United States Code, 
                for a launch. The Administrator shall publish 
                notice of the Administrator's determination and 
                the applicable amount or amounts in the Federal 
                Register within 10 days after making the 
                determination.
                  (C) Increase in dollar amounts.--The 
                Administrator may increase the dollar amounts 
                set forth in section 70112(a)(3)(A) of title 
                49, United States Code, for the purpose of 
                applying that section under this section to a 
                developer after consultation with the 
                Comptroller General and such experts and 
                consultants as may be appropriate, and after 
                publishing notice of the increase in the 
                Federal Register not less than 180 days before 
                the increase goes into effect. The 
                Administrator shall make available for public 
                inspection, not later than the date of 
                publication of such notice, a complete record 
                of any correspondence received by the 
                Administration, and a transcript of any 
                meetings in which the Administration 
                participated, regarding the proposed increase.
                  (D) Safety review required before 
                administrator provides insurance.--The 
                Administrator may not provide liability 
                insurance or indemnification under subsection 
                (a) unless the developer establishes to the 
                satisfaction of the Administrator that 
                appropriate safety procedures and practices are 
                being followed in the development of the 
                experimental aerospace vehicle.
          (3) No indemnification without cross-waiver.--
        Notwithstanding subsection (a), the Administrator may 
        not indemnify a developer of an experimental aerospace 
        vehicle under this section unless there is an agreement 
        between the Administration and the developer described 
        in subsection (c).
          (4) Application of certain procedures.--If the 
        Administrator requests additional appropriations to 
        make payments under this section, like the payments 
        that may be made under section 308(b) of this Act (42 
        U.S.C. 2458b(b)), then the request for those 
        appropriations shall be made in accordance with the 
        procedures established by subsections (d) and (e) of 
        section 70113 of title 49, United States Code.
  (c) Cross-waivers.--
          (1) Administrator authorized to waive.--The 
        Administrator, on behalf of the United States, and its 
        departments, agencies, and instrumentalities, may 
        reciprocally waive claims with a developer or 
        cooperating party and with the related entities of that 
        developer or cooperating party under which each party 
        to the waiver agrees to be responsible, and agrees to 
        ensure that its own related entities are responsible, 
        for damage or loss to its property for which it is 
        responsible, or for losses resulting from any injury or 
        death sustained by its own employees or agents, as a 
        result of activities connected to the agreement or use 
        of the experimental aerospace vehicle.
          (2) Limitations.--
                  (A) Claims.--A reciprocal waiver under 
                paragraph (1) may not preclude a claim by any 
                natural person (including, but not limited to, 
                a natural person who is an employee of the 
                United States, the developer, the cooperating 
                party, or their respective subcontractors) or 
                that natural person's estate, survivors, or 
                subrogees for injury or death, except with 
                respect to a subrogee that is a party to the 
                waiver or has otherwise agreed to be bound by 
                the terms of the waiver.
                  (B) Liability for negligence.--A reciprocal 
                waiver under paragraph (1) may not absolve any 
                party of liability to any natural person 
                (including, but not limited to, a natural 
                person who is an employee of the United States, 
                the developer, the cooperating party, or their 
                respective subcontractors) or such a natural 
                person's estate, survivors, or subrogees for 
                negligence, except with respect to a subrogee 
                that is a party to the waiver or has otherwise 
                agreed to be bound by the terms of the waiver.
                  (C) Indemnification for damages.--A 
                reciprocal waiver under paragraph (1) may not 
                be used as the basis of a claim by the 
                Administration, or the developer or cooperating 
                party, for indemnification against the other 
                for damages paid to a natural person, or that 
                natural person's estate, survivors, or 
                subrogees, for injury or death sustained by 
                that natural person as a result of activities 
                connected to the agreement or use of the 
                experimental aerospace vehicle.
                  (D) Willful misconduct.--A reciprocal waiver 
                under paragraph (1) may not relieve the United 
                States, the developer, the cooperating party, 
                or the related entities of the developer or 
                cooperating party, of liability for damage or 
                loss resulting from willful misconduct.
          (3) Effect on previous waivers.--Subsection (c) 
        applies to any waiver of claims entered into by the 
        Administration without regard to whether it was entered 
        into before, on, or after the date of the enactment of 
        this Act.
  (d) Definitions.--In this section:
          (1) Cooperating party.--The term ``cooperating 
        party'' means any person who enters into an agreement 
        with the Administration for the performance of 
        cooperative scientific, aeronautical, or space 
        activities to carry out the purposes of this Act.
          (2) Developer.--The term ``developer'' means a United 
        States person (other than a natural person) who--
                  (A) is a party to an agreement with the 
                Administration for the purpose of developing 
                new technology for an experimental aerospace 
                vehicle;
                  (B) owns or provides property to be flown or 
                situated on that vehicle; or
                  (C) employs a natural person to be flown on 
                that vehicle.
          (3) Experimental aerospace vehicle.--The term 
        ``experimental aerospace vehicle'' means an object 
        intended to be flown in, or launched into, orbital or 
        suborbital flight for the purpose of demonstrating 
        technologies necessary for a reusable launch vehicle, 
        developed under an agreement between the Administration 
        and a developer.
          (4) Related entity.--The term ``related entity'' 
        includes a contractor or subcontractor at any tier, a 
        supplier, a grantee, and an investigator or detailee.
  (e) Relationship to Other Laws.--
          (1) Section 308.--This section does not apply to any 
        object, transaction, or operation to which section 308 
        of this Act (42 U.S.C. 2458b) applies.
          (2) Chapter 701 of title 49, United States Code.--The 
        Administrator may not provide indemnification to a 
        developer under this section for launches subject to 
        license under section 70117(g)(1) of title 49, United 
        States Code.
  (f) Termination.--
          (1) In general.--The provisions of this section shall 
        terminate on [December 31, 2002,] December 31, 2007, 
        except that the Administrator may extend the 
        termination date to a date not later than [September 
        30, 2005,] December 31, 2009, if the Administrator 
        determines that such extension is in the interests of 
        the United States.
          (2) Effect of termination on agreement.--The 
        termination of this section shall not terminate or 
        otherwise affect any cross-waiver agreement, insurance 
        agreement, indemnification agreement, or other 
        agreement entered into under this section, except as 
        may be provided in that agreement.''.

           *       *       *       *       *       *       *

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

                           [42 U.S.C. 2459j]

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

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

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

SEC. 317. RETROCESSION OF JURISDICTION.

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

SEC. 318. RECOVERY AND DISPOSITION AUTHORITY.

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

SEC. 319. ELECTRONIC ACCESS TO BUSINESS OPPORTUNITIES.

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

       NATIONAL AERONAUTICS AND SPACE ADMINISTRATION ACT OF 1968

SEC. 6. AEROSPACE SAFETY ADVISORY PANEL; MEMBERSHIP; APPOINTMENT; TERM; 
                    POWERS AND DUTIES OF PANEL; CHAIRMAN; COMPENSATION, 
                    TRAVEL AND OTHER NECESSARY EXPENSES; NASA 
                    MEMBERSHIP RESTRICTION

                            [42 U.S.C. 2477]

  (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] to it, including evaluating 
NASA'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 NASA's safety 
management culture.
  (c) Sense of the Congress.--It is the sense of the Congress 
that the Administrator should--
          (1) ensure that NASA employees can raise safety 
        concerns without fear of reprisal;
          (2) continue to follow the recommendations of the 
        Columbia Accident Investigation Board for safely 
        returning and continuing to fly; and
          (3) continue to inform the Congress from time to time 
        of NASA's progress in meeting those recommendations.

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

                               Title III

                          INDEPENDENT AGENCIES

                   SMALL AND DISADVANTAGED BUSINESSES

                           [42 U.S.C. 2473b]

  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 (enacted Nov. 9, 1989) a plan 
describing the process to be followed to achieve the prescribed 
level of participation in the shortest practicable time.

FEDERAL AVIATION ADMINISTRATION RESEARCH, ENGINEERING, AND DEVELOPMENT 
                        AUTHORIZAION ACT OF 1992

                         [49 U.S.C. 47508 note]

[SEC. 304. AIRCRAFT NOISE RESEARCH PROGRAM.

  [(a) Establishment.--The Administrator of the Federal 
Aviation Administration and the Administrator of the National 
Aeronautics and Space Administration shall jointly conduct a 
research program to develop new technologies for quieter 
subsonic jet aircraft engines and airframes.
  [(b) Goal.--The goal of the research program established by 
subsection (a) is to develop by the year 2000 technologies for 
subsonic jet aircraft engines and airframes which would permit 
a subsonic jet aircraft to operate at reduced noise levels.
  [(c) Participation.--In carrying out the program established 
by subsection (a), the Administrator of the Federal Aviation 
Administration and the Administrator of the National 
Aeronautics and Space Administration shall encourage the 
participation of representatives of the aviation industry and 
academia.
  [(d) Report to Congress.--The Administrator of the Federal 
Aviation Administration and the Administrator of the National 
Aeronautics and Space Administration shall jointly submit to 
Congress, on an annual basis during the term of the program 
established by subsection (a), a report on the progress being 
made under the program toward meeting the goal described in 
subsection (b).]

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION AUTHORIZATION ACT, FISCAL 
                               YEAR 1993

SEC. 315. BIOMEDICAL RESEARCH JOINT WORKING GROUP.

                           [42 U.S.C. 2487a]

  (a) Establishment.--The Administrator (of the National 
Aeronautics and Space Administration) and the Director of the 
National Institutes of Health shall jointly establish a working 
group to coordinate biomedical research activities in areas 
where a microgravity environment may contribute to significant 
progress in the understanding and treatment of diseases and 
other medical conditions. The joint working group shall 
formulate joint and complementary programs in such areas of 
research.
  (b) Membership.--The joint working group shall include equal 
representation from the National Aeronautics and Space 
Administration and the National Institutes of Health, and shall 
include representation from National Institutes of Health 
councils, as selected by the Director of the National 
Institutes of Health, and from the National Aeronautics and 
Space Administration Advisory Council.
  [(c) Annual Reporting Requirement.--The joint working group 
shall report annually to Congress on its progress in carrying 
out this section. (d) Annual biomedical research symposia. The 
working group shall organize annual symposia on biomedical 
research described in subsection (a) under the joint 
sponsorship of the National Aeronautics and Space 
Administration and the National Institutes of Health.]
    [(d)] (c) Annual Biomedical Research Symposia.--The working 
group shall organize annual symposia on biomedical research 
described in subsection (a) under the joint sponsorship of the 
National Aeronautics and Space Administration and the National 
Institutes of Health.

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION AUTHORIZATION ACT OF 2000

                         [42 U.S.C. 2451 note]

[SEC. 201. INTERNATIONAL SPACE STATION CONTINGENCY PLAN.

  [It is the purpose of this title to establish a National 
Commission on Space that will assist the United States--
          [(1) to define the long-range needs of the Nation 
        that may be fulfilled through the peaceful uses of 
        outer space;
          [(2) to maintain the Nation's preeminence in space 
        science, technology, and applications;
          [(3) to promote the peaceful exploration and 
        utilization of the space environment; and
          [(4) to articulate goals and develop options for the 
        future direction of the Nation's civilian space 
        program.]

           *       *       *       *       *       *       *

[SEC. 323. AERONAUTICAL RESEARCH.

  [(a) Flight Research Study.--
          [(1) In general.--Within 6 months after the date of 
        the enactment of this Act, the Administrator shall 
        provide to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on 
        Science of the House of Representatives the results of 
        an engineering study of the modifications necessary for 
        the more effective use of the WB-57 flight research 
        plan.
          [(2) Contents of study.--The engineering study 
        provided by the Administrator under paragraph (1) shall 
        address at least the following issues:
                  [(A) Replacement of autopilot.
                  [(B) Replacement of landing gear or improved 
                brake system.
                  [(C) Upgrade of avionics.
                  [(D) Upgrade of engines for higher flight 
                regimes.
                  [(E) Installation of winglets on aircraft 
                wings.
                  [(F) Research benefits to be derived from 
                modifications of plane.
                  [(G) Associated costs of each of the 
                modifications.
  [(b) Aircraft Icing Research Plan.--
          [(1) In general--.Within 90 days after the date of 
        the enactment of this Act, the Administrator shall 
        submit a plan to the Committee on Commerce, Science, 
        and Transportation of the Senate and the Committee on 
        Science of the House of Representatives for aircraft 
        icing research to be conducted over the 5-year period 
        commencing on October 1, 2000.
          [(2) Contents of the plan.--The aircraft icing 
        research plan submitted by the Administrator under 
        paragraph (1) shall include at least the following 
        items:
                  [(A) Research goals and objectives.
                  [(B) Funding levels for each of the 5 fiscal 
                years.
                  [(C) Anticipated extent and nature of 
                involvement in the research program by 
                agencies, organizations, and companies, both 
                domestic and foreign, other than the National 
                Aeronautics and Space Administration.
                  [(D) Anticipated resource requirements and 
                locations of aircraft icing tunnel research and 
                flight research for each of the 5 fiscal 
                years.]

                                  
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