I 

109TH CONGRESS 

1ST SESSION H. R. 3070 

To reauthorize the human space flight, aeronautics, and science programs 

of the National Aeronautics and Space Administration, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 27, 2005 

Mr. CALVERT (for himself and Mr. BOEHLERT) introduced the following bill; 

which was referred to the Committee on Science 

A BILL 

To reauthorize the human space flight, aeronautics, and 

science programs of the National Aeronautics and Space 

Administration, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Aeronautics 

5 and Space Administration Authorization Act of 2005’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds that— 
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1 (1) on January 14, 2004, the President un2 veiled the Vision for Space Exploration to guide 

3 United States policy on human space exploration; 

4 (2) the National Aeronautics and Space Admin5 istration should continue to support robust programs 

6 in space science, aeronautics, and earth science as it 

7 moves forward with plans to send Americans to the 

8 Moon, Mars, and worlds beyond; and 

9 (3) the National Aeronautics and Space Admin10 istration’s programs can advance the frontiers of 

11 science, expanding understanding of our planet and 

12 of the universe, and contribute to American pros13 perity. 

14 SEC. 3. DEFINITIONS. 

15 For the purposes of this Act— 

16 (1) the term ‘‘Administration’’ means the Na17 tional Aeronautics and Space Administration; and 

18 (2) the term ‘‘Administrator’’ means the Ad19 ministrator of the National Aeronautics and Space 

20 Administration. 

21 SEC. 4. RESPONSIBILITIES, POLICIES, AND PLANS. 

22 (a) GENERAL RESPONSIBILITIES.— 

23 (1) PROGRAMS.—The Administrator shall en24 sure that the Administration carries out a balanced 
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1 set of programs that shall include, at a minimum, 

2 programs in— 

3 (A) human space flight, in accordance with 

4 subsection (b); 

5 (B) aeronautics research and development; 

6 and 

7 (C) scientific research, which shall include, 

8 at a minimum— 

9 (i) robotic missions to study planets, 

10 and to deepen understanding of astronomy, 

11 astrophysics, and other areas of science 

12 that can be productively studied from 

13 space; 

14 (ii) earth science research and re15 search on the Sun-Earth connection 

16 through the development and operation of 

17 research satellites and other means; and 

18 (iii) support of university research in 

19 space science and earth science. 

20 (2) CONSULTATION AND COORDINATION.—In 

21 carrying out the programs of the Administration, the 

22 Administrator shall— 

23 (A) consult and coordinate to the extent 

24 appropriate with other relevant Federal agen-
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1 cies, including through the National Science 

2 and Technology Council; 

3 (B) work closely with the private sector, 

4 including by— 

5 (i) encouraging the work of entre6 preneurs who are seeking to develop new 

7 means to send satellites, crew, or cargo to 

8 outer space; 

9 (ii) contracting with the private sector 

10 for crew and cargo services to the extent 

11 practicable; and 

12 (iii) using commercially available 

13 products (including software) and services 

14 to the extent practicable to support all Ad15 ministration activities; and 

16 (C) involve other nations to the extent ap17 propriate. 

18 (b) VISION FOR SPACE EXPLORATION.— 

19 (1) GOALS.—The Administrator shall manage 

20 human space flight programs so as to achieve the 

21 following goals: 

22 (A) Returning Americans to the Moon no 

23 later than 2020. 

24 (B) Launching the Crew Exploration Vehi25 cle as close to 2010 as possible. 
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1 (C) Increasing knowledge of the impacts of 

2 long duration stays in space on the human body 

3 using the most appropriate facilities available. 

4 (D) Enabling humans to land on and re5 turn from Mars and other destinations on a 

6 timetable that is technically and fiscally pos7 sible. 

8 (2) SPACE SHUTTLE.—The Space Shuttle shall 

9 not be launched after December 31, 2010. 

10 (c) AERONAUTICS.— 

11 (1) IN GENERAL.—The President of the United 

12 States, through the Administrator, and in consulta13 tion with other Federal agencies, shall develop a na14 tional aeronautics policy to guide the aeronautics 

15 programs of the Administration through 2020. 

16 (2) CONTENT.—At a minimum, the national 

17 aeronautics policy shall describe for the Administra18 tion— 

19 (A) the priority areas of research for aero20 nautics through fiscal year 2011; 

21 (B) the basis on which and the process by 

22 which priorities for ensuing fiscal years will be 

23 selected; 
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1 (C) the facilities and personnel needed to 

2 carry out the aeronautics program through fis3 cal year 2011; and 

4 (D) the budget assumptions on which the 

5 national aeronautics policy is based. 

6 (3) CONSIDERATIONS.—In developing the na7 tional aeronautics policy, the President shall con8 sider the following issues, which shall be discussed 

9 in the transmittal under paragraph (5): 

10 (A) The extent to which the Administra11 tion should focus on long-term, high-risk re12 search or more incremental research, and the 

13 expected impact on the United States aircraft 

14 and airline industries of that decision. 

15 (B) The extent to which the Administra16 tion should address military and commercial 

17 needs. 

18 (C) How the Administration will coordi19 nate its aeronautics program with other Federal 

20 agencies. 

21 (D) The extent to which the Administra22 tion will fund university research, and the ex23 pected impact of that funding on the supply of 

24 United States workers for the aeronautics in25 dustry. 
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1 (4) CONSULTATION.—In the development of the 

2 national aeronautics policy, the Administrator shall 

3 consult widely with academic and industry experts 

4 and with other Federal agencies. The Administrator 

5 may enter into an arrangement with the National 

6 Academy of Sciences to help develop the national 

7 aeronautics policy. 

8 (5) SCHEDULE.—The Administrator shall 

9 transmit the national aeronautics policy to the Com10 mittee on Appropriations and the Committee on 

11 Science of the House of Representatives, and to the 

12 Committee on Appropriations and the Committee on 

13 Commerce, Science, and Transportation of the Sen14 ate, not later than the date on which the President 

15 submits the proposed budget for the Federal Gov16 ernment for fiscal year 2007 to the Congress. The 

17 Administrator shall make available to those commit18 tees any study done by a nongovernmental entity 

19 that was used in the development of the national 

20 aeronautics policy. 

21 (d) SCIENCE.— 

22 (1) IN GENERAL.—The Administrator shall de23 velop a policy to guide the science programs of the 

24 Administration through 2020. 
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1 (2) CONTENT.—At a minimum, the policy shall 

2 describe— 

3 (A) the missions the Administration will 

4 initiate, design, develop, launch, or operate in 

5 space science and earth science through fiscal 

6 year 2011, including launch dates; 

7 (B) a priority ranking of all of the mis8 sions listed under subparagraph (A), and the 

9 rationale for the ranking; 

10 (C) the budget assumptions on which the 

11 policy is based; and 

12 (D) the facilities and personnel needed to 

13 carry out the science policy through fiscal year 

14 2011. 

15 (3) CONSIDERATIONS.—In developing the 

16 science policy under this subsection, the Adminis17 trator shall consider the following issues, which shall 

18 be discussed in the transmittal under paragraph (6): 

19 (A) What the most important scientific 

20 questions in space science and earth science 

21 are. 

22 (B) The relationship between the Adminis23 tration’s space and earth science activities and 

24 those of other Federal agencies. 
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1 (4) CONSULTATION.—In developing the policy 

2 under this subsection, the Administrator shall draw 

3 on decadal surveys and other reports in planetary 

4 science, astronomy, solar and space physics, earth 

5 science, and any other relevant fields developed by 

6 the National Academy of Sciences. The Adminis7 trator shall also consult widely with academic and 

8 industry experts and with other Federal agencies. 

9 (5) HUBBLE SPACE TELESCOPE.—The policy 

10 developed under this subsection shall address plans 

11 for a human mission to repair the Hubble Space 

12 Telescope. 

13 (6) SCHEDULE.—The Administrator shall 

14 transmit the policy developed under this subsection 

15 to the Committee on Science of the House of Rep16 resentatives and the Committee on Commerce, 

17 Science, and Transportation of the Senate not later 

18 than the date on which the President submits the 

19 proposed budget for the Federal Government for fis20 cal year 2007 to the Congress. The Administrator 

21 shall make available to those committees any study 

22 done by a nongovernmental entity that was used in 

23 the development of the policy. 

24 (e) FACILITIES.— 
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1 (1) IN GENERAL.—The Administrator shall de2 velop a plan for managing the Administration’s fa3 cilities through fiscal year 2015. The plan shall be 

4 consistent with the policies and plans developed pur5 suant to this section. 

6 (2) CONTENT.—At a minimum, the plan shall 

7 describe— 

8 (A) any new facilities the Administration 

9 intends to acquire, whether through construc10 tion, purchase, or lease, and the expected dates 

11 for doing so; 

12 (B) any facilities the Administration in13 tends to significantly modify, and the expected 

14 dates for doing so; 

15 (C) any facilities the Administration in16 tends to close, and the expected dates for doing 

17 so; 

18 (D) any transaction the Administration in19 tends to conduct to sell, lease, or otherwise 

20 transfer the ownership of a facility, and the ex21 pected dates for doing so; 

22 (E) how each of the actions described in 

23 subparagraphs (A), (B), (C), and (D) will en24 hance the ability of the Administration to carry 

25 out its programs; 
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1 (F) the expected costs or savings expected 

2 from each of the actions described in subpara3 graphs (A), (B), (C), and (D); 

4 (G) the priority order of the actions de5 scribed in subparagraphs (A), (B), (C), and 

6 (D); 

7 (H) the budget assumptions of the plan; 

8 and 

9 (I) how facilities were evaluated in devel10 oping the plan. 

11 (3) SCHEDULE.—The Administrator shall 

12 transmit the plan developed under this subsection to 

13 the Committee on Science of the House of Rep14 resentatives and the Committee on Commerce, 

15 Science, and Transportation of the Senate not later 

16 than the date on which the President submits the 

17 proposed budget for the Federal Government for fis18 cal year 2008 to the Congress. 

19 (f) WORKFORCE.— 

20 (1) IN GENERAL.—The Administrator shall de21 velop a human capital strategy to ensure that the 

22 Administration has a workforce of the appropriate 

23 size and with the appropriate skills to carry out the 

24 programs of the Administration, consistent with the 

25 policies and plans developed pursuant to this section. 
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1 The strategy shall cover the period through fiscal 

2 year 2011. 

3 (2) CONTENT.—The strategy shall describe, at 

4 a minimum— 

5 (A) any categories of employees the Ad6 ministration intends to reduce, the expected size 

7 and timing of those reductions, the methods the 

8 Administration intends to use to make the re9 ductions, and the reasons the Administration no 

10 longer needs those employees; 

11 (B) any categories of employees the Ad12 ministration intends to increase, the expected 

13 size and timing of those increases, the methods 

14 the Administration intends to use to recruit the 

15 additional employees, and the reasons the Ad16 ministration needs those employees; and 

17 (C) the budget assumptions of the strat18 egy, and any expected additional costs or sav19 ings from the strategy by fiscal year. 

20 (3) SCHEDULE.—The Administrator shall 

21 transmit the strategy developed under this sub22 section to the Committee on Science of the House of 

23 Representatives and the Committee on Commerce, 

24 Science, and Transportation of the Senate not later 

25 than the date on which the President submits the 
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1 proposed budget for the Federal Government for fis2 cal year 2007 to the Congress. 

3 (4) LIMITATION.—The Administration may not 

4 initiate any buyout offer or Reduction in Force until 

5 60 days after the strategy required by this sub6 section has been transmitted to the Congress in ac7 cordance with paragraph (3). 

8 (g) CENTER MANAGEMENT.— 

9 (1) IN GENERAL.—The Administrator shall con10 duct a study to determine whether any of the Ad11 ministration’s centers should be operated by or with 

12 the private sector by converting a center to a Feder13 ally Funded Research and Development Center or 

14 through any other mechanism. 

15 (2) CONTENT.—The study shall, at a min16 imum— 

17 (A) make a recommendation for the oper18 ation of each center and provide reasons for 

19 that recommendation; and 

20 (B) describe the advantages and disadvan21 tages of each mode of operation considered in 

22 the study. 

23 (3) CONSIDERATIONS.—In conducting the 

24 study, the Administrator shall take into consider25 ation the experiences of other relevant Federal agen-
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1 cies in operating laboratories and centers and any 

2 reports that have reviewed the mode of operation of 

3 those laboratories and centers, as well as any reports 

4 that have reviewed the Administration’s centers. 

5 (4) SCHEDULE.—The Administrator shall 

6 transmit the study conducted under this subsection 

7 to the Committee on Science of the House of Rep8 resentatives and the Committee on Commerce, 

9 Science, and Transportation of the Senate not later 

10 than May 31, 2006. 

11 (h) BUDGETS.—The proposed budget for the Admin12 istration submitted by the President for each fiscal year 

13 shall be accompanied by documents showing— 

14 (1) the budget for each element of the human 

15 space flight program; 

16 (2) the budget for aeronautics; 

17 (3) the budget for space science; 

18 (4) the budget for earth science; 

19 (5) the Corporate and Center General and Ad20 ministrative expenses and Service Pool costs for each 

21 center and for headquarters, and for each direc22 torate; 

23 (6) the budget for the Integrated Financial 

24 Management Program, by individual element; 
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1 (7) the budget for the Independent Technical 

2 Authority, both total and by center; 

3 (8) the budget for public relations, by program; 

4 (9) the comparable figures for at least the 2 

5 previous fiscal years for each item in the proposed 

6 budget; and 

7 (10) the amount of unobligated funds and un8 expended funds, by appropriations account, that will 

9 be carried over into the year for which the budget 

10 is being presented, and the estimated amount of un11 obligated funds and unexpended funds that will re12 main at the end of the year for which the budget is 

13 being presented. 

14 SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 

15 There are authorized to be appropriated to the Ad16 ministration for fiscal year 2006 $16,471,050,000. 

17 SEC. 6. REPORTS. 

18 (a) IMMEDIATE ISSUES.—Not later than September 

19 30, 2005, the Administrator shall transmit to the Com20 mittee on Science of the House of Representatives and the 

21 Committee on Commerce, Science, and Transportation of 

22 the Senate a report on each of the following items: 

23 (1) The research agenda for the International 

24 Space Station and its proposed final configuration. 
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1 (2) The number of flights the Space Shuttle 

2 will make before its retirement, the purpose of those 

3 flights, and the expected date of the final flight. 

4 (3) A description of the means, other than the 

5 Space Shuttle, that may be used to ferry crew and 

6 cargo to the International Space Station. 

7 (4) A plan for the operation of the Inter8 national Space Station in the event that the Iran 

9 Nonproliferation Act of 2000 is not amended. 

10 (5) A description of the launch vehicle for the 

11 Crew Exploration Vehicle. 

12 (6) A description of any heavy lift vehicle the 

13 Administration intends to develop, the intended uses 

14 of that vehicle, and whether the decision to develop 

15 that vehicle has undergone an interagency review. 

16 (7) A description of the intended purpose of 

17 lunar missions and the architecture for those mis18 sions. 

19 (8) The program goals for Project Prometheus. 

20 (9) A plan for managing the cost increase for 

21 the James Webb Space Telescope. 

22 (b) CREW EXPLORATION VEHICLE.—The Adminis23 trator shall not enter into a development contract for the 

24 Crew Exploration Vehicle until at least 30 days after the 

25 Administrator has transmitted to the Committee on 
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1 Science of the House of Representatives and the Com2 mittee on Commerce, Science, and Transportation of the 

3 Senate a report describing— 

4 (1) the expected cost of the Crew Exploration 

5 Vehicle through fiscal year 2020, based on the speci6 fications of that development contract; and 

7 (2) the expected budgets for each fiscal year 

8 through fiscal year 2020 for human space explo9 ration, aeronautics, space science, and earth 

10 science— 

11 (A) first assuming inflationary growth for 

12 the budget of the Administration as a whole 

13 and including costs for the Crew Exploration 

14 Vehicle as projected under paragraph (1); and 

15 (B) then assuming inflationary growth for 

16 the budget of the Administration as a whole 

17 and including at least two cost estimates for the 

18 Crew Exploration Vehicle that are higher than 

19 those projected under paragraph (1), based on 

20 the Administration’s past experience with cost 

21 increases for similar programs, along with a de22 scription of the reasons for selecting the cost 

23 estimates used for the calculations under this 

24 subparagraph and the probability that the cost 
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1 of the Crew Exploration Vehicle will reach those 

2 estimated amounts. 

3 (c) SPACE COMMUNICATIONS.—Not later than Feb4 ruary 15, 2007, the Administrator shall transmit to the 

5 Committee on Science of the House of Representatives 

6 and the Committee on Commerce, Science, and Transpor7 tation of the Senate a plan for updating the space commu8 nications and navigation architecture for both low Earth 

9 orbit and deep space exploration so that it is capable of 

10 handling the activities described pursuant to section 4(b) 

11 and (d). The plan shall include life-cycle cost estimates, 

12 milestones, estimated performance capabilities, and 5-year 

13 funding profiles. The Administrator shall consult with 

14 other relevant Federal agencies in developing the plan 

15 under this subsection and shall include in the plan an esti16 mate of the amount of any reimbursements the Adminis17 tration is likely to receive from other Federal agencies dur18 ing the expected life of the upgrades described in the plan. 

19 (d) PUBLIC RELATIONS.—The Administration shall 

20 not initiate the national awareness campaign required by 

21 the report of the Committee on Appropriations of the 

22 House of Representatives accompanying the Science, 

23 State, Justice, Commerce, and Related Agencies Appro24 priations Act, 2006 until 30 days after the Administrator 

25 has transmitted a report to the Committee on Appropria-
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1 tions and the Committee on Science of the House of Rep2 resentatives, and to the Committee on Appropriations and 

3 the Committee on Commerce, Science, and Transportation 

4 of the Senate, describing the activities that will be under5 taken as part of the awareness campaign and their ex6 pected cost. 

7 (e) JOINT DARK ENERGY MISSION.—The Adminis8 trator and the Director of the Department of Energy Of9 fice of Science shall jointly transmit to the Committee on 

10 Science of the House of Representatives and the Com11 mittee on Commerce, Science, and Transportation of the 

12 Senate, not later than the date on which the President 

13 submits the proposed budget for the Federal Government 

14 for fiscal year 2007, a report on plans for a Joint Dark 

15 Energy Mission. The report shall include the amount of 

16 funds each agency intends to expend on the Joint Dark 

17 Energy Mission for each of the fiscal years 2007 through 

18 2011, and specific milestones for the development and 

19 launch of the Mission. 

20 (f) SHUTTLE EMPLOYEE TRANSITION.—The Admin21 istrator shall consult with other appropriate Federal agen22 cies and with Administration contractors and employees 

23 to develop a transition plan for Federal and contractor 

24 personnel engaged in the Space Shuttle program. The plan 

25 shall include actions to assist Federal and contractor per-
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1 sonnel to take advantage of training, retraining, job place2 ment, and relocation programs, and any other actions that 

3 the Administration will take to assist the employees. The 

4 Administrator shall transmit the plan to the Committee 

5 on Science of the House of Representatives and the Com6 mittee on Commerce, Science, and Transportation of the 

7 Senate not later than 90 days after the date of enactment 

8 of this Act. 

9 (g) OFFICE OF SCIENCE AND TECHNOLOGY POL10 ICY.— 

11 (1) STUDY.—The Director of the Office of 

12 Science and Technology Policy shall conduct a study 

13 to determine— 

14 (A) if any research and development pro15 grams of the Administration are unnecessarily 

16 duplicating aspects of programs of other Fed17 eral agencies; and 

18 (B) if any research and development pro19 grams of the Administration are neglecting any 

20 topics of national interest that are related to 

21 the mission of the Administration. 

22 (2) REPORT.—Not later than March 1, 2006, 

23 the Director of the Office of Science and Technology 

24 Policy shall transmit to the Committee on Science of 

25 the House of Representatives and the Committee on 
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1 Commerce, Science, and Transportation of the Sen2 ate a report that— 

3 (A) describes the results of the study 

4 under paragraph (1); 

5 (B) recommends any changes to the re6 search and development programs of the Ad7 ministration that should be made to eliminate 

8 unnecessary duplication or address topics of na9 tional interest; and 

10 (C) describes mechanisms the Office of 

11 Science and Technology Policy will use to en12 sure adequate coordination between the Admin13 istration and Federal agencies that operate re14 lated programs. 

15 SEC. 7. BASELINES AND COST CONTROLS. 

16 (a) CONDITIONS FOR DEVELOPMENT.— 

17 (1) IN GENERAL.—The Administration shall 

18 not enter into a contract for the development phase 

19 of a major program unless the Administrator deter20 mines that— 

21 (A) the technical, cost, and schedule risks 

22 of the program are clearly identified and the 

23 program has developed a plan to manage those 

24 risks; and 
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1 (B) the program complies with all relevant 

2 policies, regulations, and directives of the Ad3 ministration. 

4 (2) REPORT.—The Administrator shall trans5 mit a report describing the basis for the determina6 tion required under paragraph (1) to the Committee 

7 on Science of the House of Representatives and the 

8 Committee on Commerce, Science, and Transpor9 tation of the Senate at least 30 days before entering 

10 into a contract for development under a major pro11 gram. 

12 (3) NONDELEGATION.—The Administrator may 

13 not delegate the determination requirement under 

14 this subsection. 

15 (b) MAJOR PROGRAM ANNUAL REPORTS.— 

16 (1) REQUIREMENT.—Not later than February 

17 15 of each year following the date of enactment of 

18 this Act, the Administrator shall transmit to the 

19 Committee on Science of the House of Representa20 tives and the Committee on Commerce, Science, and 

21 Transportation of the Senate a report on each major 

22 program for which the Administration proposes to 

23 expend funds in the subsequent fiscal year. Reports 

24 under this section shall be known as Major Program 

25 Annual Reports. 
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1 (2) BASELINE REPORT.—The first Major Pro2 gram Annual Report for each major program shall 

3 include a Baseline Report that shall, at a minimum, 

4 include— 

5 (A) the purposes of the program and key 

6 technical characteristics necessary to fulfill 

7 those purposes; 

8 (B) an estimate of the life-cycle cost for 

9 the program, with a detailed breakout of the 

10 development cost and an estimate of the annual 

11 costs until the development is completed; 

12 (C) the schedule for the development, in13 cluding key program milestones; and 

14 (D) the name of the person responsible for 

15 making notifications under subsection (c), who 

16 shall be an individual whose primary responsi17 bility is overseeing the program. 

18 (3) INFORMATION UPDATES.—For major pro19 grams with respect to which a Baseline Report has 

20 been previously submitted, each subsequent Major 

21 Program Annual Report shall describe any changes 

22 to the information that had been provided in the 

23 Baseline Report, and the reasons for those changes. 

24 (c) NOTIFICATION.— 
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1 (1) REQUIREMENT.—The individual identified 

2 under subsection (b)(2)(D) shall immediately notify 

3 the Administrator any time that individual has rea4 sonable cause to believe that, for the major program 

5 for which he or she is responsible— 

6 (A) the development cost of the program is 

7 likely to exceed the estimate provided in the 

8 Baseline Report of the program by 15 percent 

9 or more; or 

10 (B) a milestone of the program is likely to 

11 be delayed by 6 months or more from the date 

12 provided for it in the Baseline Report of the 

13 program. 

14 (2) REASONS.—Not later than 7 days after the 

15 notification required under paragraph (1), the indi16 vidual identified under subsection (b)(2)(D) shall 

17 transmit to the Administrator a written notification 

18 explaining the reasons for the change in the cost or 

19 milestone of the program for which notification was 

20 provided under paragraph (1). 

21 (3) NOTIFICATION OF CONGRESS.—Not later 

22 than 5 days after the Administrator receives a writ23 ten notification under paragraph (2), the Adminis24 trator shall transmit the notification to the Com25 mittee on Science of the House of Representatives 
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1 and the Committee on Commerce, Science, and 

2 Transportation of the Senate. 

3 (d) FIFTEEN PERCENT THRESHOLD.—Not later 

4 than 30 days after receiving a written notification under 

5 subsection (c)(2), the Administrator shall determine 

6 whether the development cost of the program is likely to 

7 exceed the estimate provided in the Baseline Report of the 

8 program by 15 percent or more, or whether a milestone 

9 is likely to be delayed by 6 months or more. If the deter10 mination is affirmative, the Administrator shall— 

11 (1) transmit to the Committee on Science of the 

12 House of Representatives and the Committee on 

13 Commerce, Science, and Transportation of the Sen14 ate, not later than 14 days after making the deter15 mination, a report that includes— 

16 (A) a description of the increase in cost or 

17 delay in schedule and a detailed explanation for 

18 the increase or delay; 

19 (B) a description of actions taken or pro20 posed to be taken in response to the cost in21 crease or delay; and 

22 (C) a description of any impacts the cost 

23 increase or schedule delay will have on any 

24 other program within the Administration; and 
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1 (2) if the Administrator intends to continue 

2 with the program, promptly initiate an analysis of 

3 the program, which shall include, at a minimum— 

4 (A) the projected cost and schedule for 

5 completing the program if current requirements 

6 of the program are not modified; 

7 (B) the projected cost and the schedule for 

8 completing the program after instituting the ac9 tions described under paragraph (1)(B); and 

10 (C) a description of, and the projected cost 

11 and schedule for, a broad range of alternatives 

12 to the program. 

13 The Administration shall complete an analysis initiated 

14 under paragraph (2) not later than 6 months after the 

15 Administrator makes a determination under this sub16 section. The Administrator shall transmit the analysis to 

17 the Committee on Science of the House of Representatives 

18 and Committee on Commerce, Science, and Transpor19 tation of the Senate not later than 30 days after its com20 pletion. 

21 (e) THIRTY PERCENT THRESHOLD.—If the Adminis22 trator determines under subsection (d) that the develop23 ment cost of a program will exceed the estimate provided 

24 in the Baseline Report of the program by more than the 

25 lower of 30 percent or $1,000,000,000, then, beginning 
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1 1 year after the date the Administrator transmits a report 

2 under subsection (d)(1), the Administrator shall not ex3 pend any additional funds on the program, other than ter4 mination costs, unless the Congress has subsequently au5 thorized continuation of the program by law. If the pro6 gram is continued, the Administrator shall submit a new 

7 Baseline Report for the program no later than 90 days 

8 after the date of enactment of the Act under which Con9 gress has authorized continuation of the program. 

10 (f) DEFINITIONS.—For the purposes of this section— 

11 (1) the term ‘‘development’’ means the phase of 

12 a program following the formulation phase and be13 ginning with the approval to proceed to implementa14 tion, as defined in the Administration’s Procedural 

15 Requirements 7120.5c, dated March 22, 2005; 

16 (2) the term ‘‘development cost’’ means the 

17 total of all costs, including construction of facilities 

18 and civil servant costs, from the period beginning 

19 with the approval to proceed to implementation 

20 through the achievement of operational readiness, 

21 without regard to funding source or management 

22 control, for the life of the program; 

23 (3) the term ‘‘life-cycle cost’’ means the total of 

24 the direct, indirect, recurring, and nonrecurring 

25 costs, including the construction of facilities and civil 
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1 servant costs, and other related expenses incurred or 

2 estimated to be incurred in the design, development, 

3 verification, production, operation, maintenance, 

4 support, and retirement of a program over its 

5 planned lifespan, without regard to funding source 

6 or management control; and 

7 (4) the term ‘‘major program’’ means an activ8 ity approved to proceed to implementation that has 

9 an estimated life-cycle cost of more than 

10 $100,000,000. 

11 SEC. 8. PRIZE AUTHORITY. 

12 The National Aeronautics and Space Act of 1958 (42 

13 U.S.C. 2451, et seq.) is amended by inserting after section 

14 313 the following new section: 

15 ‘‘PRIZE AUTHORITY

16 ‘‘SEC. 314. (a) IN GENERAL.—The Administration 

17 may carry out a program to competitively award cash 

18 prizes to stimulate innovation in basic and applied re19 search, technology development, and prototype demonstra20 tion that have the potential for application to the perform21 ance of the space and aeronautical activities of the Admin22 istration. The Administration may carry out a program 

23 to award prizes only in conformity with this section. 

24 ‘‘(b) TOPICS.—In selecting topics for prize competi25 tions, the Administrator shall consult widely both within 
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1 and outside the Federal Government, and may empanel 

2 advisory committees. 

3 ‘‘(c) ADVERTISING.—The Administrator shall widely 

4 advertise prize competitions to encourage participation. 

5 ‘‘(d) REQUIREMENTS AND REGISTRATION.—For each 

6 prize competition, the Administrator shall publish a notice 

7 in the Federal Register announcing the subject of the com8 petition, the rules for being eligible to participate in the 

9 competition, the amount of the prize, and the basis on 

10 which a winner will be selected. 

11 ‘‘(e) ELIGIBILITY.—To be eligible to win a prize 

12 under this section, an individual or entity— 

13 ‘‘(1) shall have registered to participate in the 

14 competition pursuant to any rules promulgated by 

15 the Administrator under subsection (d); 

16 ‘‘(2) shall have complied with all the require17 ments under this section; 

18 ‘‘(3) in the case of a private entity, shall be in19 corporated in and maintain a primary place of busi20 ness in the United States, and in the case of an in21 dividual, whether participating singly or in a group, 

22 shall be a citizen or permanent resident of the 

23 United States; and 
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1 ‘‘(4) shall not be a Federal entity or Federal 

2 employee acting within the scope of their employ3 ment. 

4 ‘‘(f) LIABILITY.—(1) Registered participants must 

5 agree to assume any and all risks and waive claims against 

6 the United States Government and its related entities, ex7 cept in the case of willful misconduct, for any injury, 

8 death, damage, or loss of property, revenue, or profits, 

9 whether direct, indirect, or consequential, arising from 

10 their participation in a competition, whether such injury, 

11 death, damage, or loss arises through negligence or other12 wise. For the purposes of this subparagraph, the term ‘re13 lated entity’ means a contractor or subcontractor at any 

14 tier, and a supplier, user, customer, cooperating party, 

15 grantee, investigator, or detailee. 

16 ‘‘(2) Participants must obtain liability insurance or 

17 demonstrate financial responsibility in amounts to com18 pensate for the maximum probable loss, as determined by 

19 the Administrator, from claims by— 

20 ‘‘(A) a third party for death, bodily injury, or 

21 property damage, or loss resulting from an activity 

22 carried out in connection with participation in a 

23 competition, with the Federal Government named as 

24 an additional insured under the registered partici25 pant’s insurance policy and registered participants 
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1 agreeing to indemnify the Federal Government 

2 against third party claims for damages arising from 

3 or related to competition activities; and 

4 ‘‘(B) the United States Government for damage 

5 or loss to Government property resulting from such 

6 an activity. 

7 ‘‘(g) INTELLECTUAL PROPERTY.—The Federal Gov8 ernment shall not, by virtue of offering or providing a 

9 prize under this section, be entitled to any intellectual 

10 property rights derived as a consequence of, or direct rela11 tion to, the participation by a registered participant in a 

12 competition authorized by this section. This subsection 

13 shall not be construed to prevent the Administration from 

14 negotiating a license for the use of intellectual property 

15 developed for a prize competition under this section. 

16 ‘‘(h) JUDGES.—For each competition, the Adminis17 tration, either directly or through a contract under sub18 section (i), shall assemble a panel of qualified judges from 

19 both within and outside the Administration to select the 

20 winner or winners of the prize competition on the basis 

21 described pursuant to subsection (d). Judges for each 

22 competition shall include individuals from the private sec23 tor. A judge may not— 

24 ‘‘(1) have personal or financial interests in, or 

25 be employees, officers, directors, or agents of, any 
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1 entity that is a registered participant in a competi2 tion; or 

3 ‘‘(2) have a familial or financial relationship 

4 with an individual who is a registered participant. 

5 ‘‘(i) ADMINISTERING THE COMPETITION.—The Ad6 ministrator may enter into an agreement with a private, 

7 nonprofit entity to administer the prize competition, sub8 ject to the provisions of this section. 

9 ‘‘(j) FUNDING.—(1) The Administrator may accept 

10 funds from other Federal agencies and from the private 

11 sector for cash prizes under this section. Such funds shall 

12 not increase the amount of a prize after the amount has 

13 been announced pursuant to subsection (d). The Adminis14 trator may not give any special consideration to any pri15 vate sector entity in return for a donation. 

16 ‘‘(2) Funds appropriated for the program under this 

17 section shall remain available until expended, and may be 

18 transferred, reprogrammed, or expended for other pur19 poses only after the expiration of 10 fiscal years after the 

20 fiscal year for which the funds were originally appro21 priated. No provision in this section permits obligation or 

22 payment of funds in violation of the Anti-Deficiency Act 

23 (31 U.S.C. 1341). 

24 ‘‘(3) No prize may be announced under subsection 

25 (d) until all the funds for that prize have been appro-
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1 priated or obligated for such purpose by a private sector 

2 source. 

3 ‘‘(4) No prize competition under this section may 

4 offer a prize in an amount greater than $10,000,000 un5 less 30 days have elapsed after written notice has been 

6 provided to the Committee on Science of the House of 

7 Representatives and the Committee on Commerce, 

8 Science, and Transportation of the Senate. 

9 ‘‘(k) USE OF NASA NAME AND INSIGNIA.—A reg10 istered participant in a competition under this section may 

11 use the Administration’s name, initials, or insignia only 

12 after prior review and written approval by the Administra13 tion. 

14 ‘‘(l) COMPLIANCE WITH EXISTING LAW.—The Fed15 eral Government shall not, by virtue of offering or pro16 viding a prize under this section, be responsible for compli17 ance by registered participants in a prize competition with 

18 Federal law, including licensing, export control, and non19 proliferation laws, and related regulations.’’. 

20 SEC. 9. MISCELLANEOUS AMENDMENTS. 

21 (a) RETROCESSION OF JURISDICTION.—The Na22 tional Aeronautics and Space Act of 1958 (42 U.S.C. 

23 2451 et seq.) is amended by adding at the end of title 

24 III the following new section: 
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1 ‘‘RETROCESSION OF JURISDICTION

2 ‘‘SEC. 316. (a) Notwithstanding any other provision 

3 of law, the Administrator may relinquish to a State all 

4 or part of the legislative jurisdiction of the United States 

5 over lands or interests under the control of the Adminis6 trator in that State. 

7 ‘‘(b) For purposes of this section, the term ‘State’ 

8 means any of the several States, the District of Columbia, 

9 the Commonwealth of Puerto Rico, the United States Vir10 gin Islands, Guam, American Samoa, the Northern Mar11 iana Islands, and any other commonwealth, territory, or 

12 possession of the United States.’’. 

13 (b) NASA SCHOLARSHIPS.— 

14 (1) AMENDMENTS.—Section 9809 of title 5, 

15 United States Code, is amended— 

16 (A) in subsection (a)(2) by striking ‘‘Act.’’ 

17 and inserting ‘‘Act (42 U.S.C. 1885a or 

18 1885b).’’; 

19 (B) in subsection (c) by striking ‘‘require.’’ 

20 and inserting ‘‘require to carry out this sec21 tion.’’; 

22 (C) in subsection (f)(1) by striking the last 

23 sentence; and 

24 (D) in subsection (g)(2) by striking 

25 ‘‘Treasurer of the’’ and all that follows through 
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1 ‘‘by 3’’ and inserting ‘‘Treasurer of the United 

2 States’’. 

3 (2) REPEAL.—The Vision 100—Century of 

4 Aviation Reauthorization Act is amended by striking 

5 section 703 (42 U.S.C. 2473e). 

6 (c) VEHICLE INDEMNIFICATION.—Section 309 of the 

7 National Aeronautics and Space Act of 1958 (42 U.S.C. 

8 458c) is amended in subsection (f)(1) by striking ‘‘Decem9 ber 31, 2002’’ through ‘‘September 30, 2005’’ and insert10 ing, ‘‘December 31, 2010, except that the Administrator 

11 may extend the termination date to a date not later than 

12 September 30, 2015, if the Administrator has entered into 

13 an arrangement with the National Academy of Public Ad14 ministration to determine the impact on private parties 

15 and the Federal Government of eliminating this section’’. 

16 (d) ISS COST CAP.—Section 202 of the National 

17 Aeronautics and Space Administration Authorization Act 

18 of 2002 is repealed. 

19 SEC. 10. FOREIGN LAUNCH VEHICLES. 

20 (a) ACCORD WITH SPACE TRANSPORTATION POL21 ICY.—The Administration shall not launch a mission on 

22 a foreign launch vehicle except in accordance with the 

23 Space Transportation Policy announced by the President 

24 on December 21, 2004. 
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1 (b) INTERAGENCY COORDINATION.—The Adminis2 tration shall not launch a mission on a foreign launch vehi3 cle unless the Administration commenced the interagency 

4 coordination required by the Space Transportation Policy 

5 announced by the President on December 21, 2004, at 

6 least 90 days before entering into a development contract 

7 for the mission. 

8 SEC. 11. COORDINATION WITH THE NATIONAL OCEANIC 

9 AND ATMOSPHERIC ADMINISTRATION. 

10 (a) COORDINATING INDIVIDUALS.—For each earth 

11 science mission undertaken by the Administration, the Ad12 ministrator and the Administrator of the National Oceanic 

13 and Atmospheric Administration shall each appoint one 

14 individual to coordinate activities related to the mission 

15 and to make any appropriate plans for the mission making 

16 the transition from an Administration mission to a Na17 tional Oceanic and Atmospheric Administration mission. 

18 (b) COORDINATION REPORT.—Not later than Feb19 ruary 15 of each year, the Under Secretary of Commerce 

20 for Oceans and Atmosphere and the Administrator shall 

21 jointly transmit a report to the Committee on Science of 

22 the House of Representatives and the Committee on Com23 merce, Science, and Transportation of the Senate on how 

24 the earth science programs of the National Oceanic and 

25 Atmospheric Administration and the Administration will 
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1 be coordinated during the fiscal year following the fiscal 

2 year in which the report is transmitted. 

3 SEC. 12. CHARLES ‘‘PETE’’ CONRAD ASTRONOMY AWARDS. 

4 (a) SHORT TITLE.—This section may be cited as the 

5 ‘‘Charles ‘Pete’ Conrad Astronomy Awards Act’’. 

6 (b) DEFINITIONS.—For the purposes of this sec7 tion— 

8 (1) the term ‘‘amateur astronomer’’ means an 

9 individual whose employer does not provide any 

10 funding, payment, or compensation to the individual 

11 for the observation of asteroids and other celestial 

12 bodies, and does not include any individual employed 

13 as a professional astronomer; 

14 (2) the term ‘‘Minor Planet Center’’ means the 

15 Minor Planet Center of the Smithsonian Astro16 physical Observatory; 

17 (3) the term ‘‘near-Earth asteroid’’ means an 

18 asteroid with a perihelion distance of less than 1.3 

19 Astronomical Units from the Sun; and 

20 (4) the term ‘‘Program’’ means the Charles 

21 ‘‘Pete’’ Conrad Astronomy Awards Program estab22 lished under subsection (c). 

23 (c) PETE CONRAD ASTRONOMY AWARD PROGRAM.— 
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1 (1) IN GENERAL.—The Administrator shall es2 tablish the Charles ‘‘Pete’’ Conrad Astronomy 

3 Awards Program. 

4 (2) AWARDS.—The Administrator shall make 

5 awards under the Program based on the rec6 ommendations of the Minor Planet Center. 

7 (3) AWARD CATEGORIES.—The Administrator 

8 shall make one annual award, unless there are no el9 igible discoveries or contributions, for each of the 

10 following categories: 

11 (A) The amateur astronomer or group of 

12 amateur astronomers who in the preceding cal13 endar year discovered the intrinsically brightest 

14 near-Earth asteroid among the near-Earth as15 teroids that were discovered during that year by 

16 amateur astronomers or groups of amateur as17 tronomers. 

18 (B) The amateur astronomer or group of 

19 amateur astronomers who made the greatest 

20 contribution to the Minor Planet Center’s mis21 sion of cataloguing near-Earth asteroids during 

22 the preceding year. 

23 (4) AWARD AMOUNT.—An award under the 

24 Program shall be in the amount of $3,000. 
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1 (5) GUIDELINES.—(A) No individual who is not 

2 a citizen or permanent resident of the United States 

3 at the time of his discovery or contribution may re4 ceive an award under this section. 

5 (B) The decisions of the Administrator in mak6 ing awards under this section are final. 

7 SEC. 13. GEORGE E. BROWN, JR. NEAR-EARTH OBJECT SUR8 VEY. 

9 (a) SHORT TITLE.—This section may be cited as the 

10 ‘‘George E. Brown, Jr. Near-Earth Object Survey Act’’. 

11 (b) FINDINGS.—The Congress makes the following 

12 findings: 

13 (1) Near-Earth objects pose a serious and cred14 ible threat to humankind, as many scientists believe 

15 that a major asteroid or comet was responsible for 

16 the mass extinction of the majority of the Earth’s 

17 species, including the dinosaurs, nearly 65,000,000 

18 years ago. 

19 (2) Similar objects have struck the Earth or 

20 passed through the Earth’s atmosphere several times 

21 in the Earth’s history and pose a similar threat in 

22 the future. 

23 (3) Several such near-Earth objects have only 

24 been discovered within days of the objects’ closest 

25 approach to Earth, and recent discoveries of such 
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1 large objects indicate that many large near-Earth 

2 objects remain undiscovered. 

3 (4) The efforts taken to date by the Adminis4 tration for detecting and characterizing the hazards 

5 of near-Earth objects are not sufficient to fully de6 termine the threat posed by such objects to cause 

7 widespread destruction and loss of life. 

8 (c) DEFINITIONS.—For purposes of this section the 

9 term ‘‘near-Earth object’’ means an asteroid or comet with 

10 a perihelion distance of less that 1.3 Astronomical Units 

11 from the Sun. 

12 (d) NEAR-EARTH OBJECT SURVEY.— 

13 (1) SURVEY PROGRAM.—The Administrator 

14 shall plan, develop, and implement a Near-Earth 

15 Object Survey program to detect, track, catalogue, 

16 and characterize the physical characteristics of near17 Earth objects equal to or greater than 100 meters 

18 in diameter in order to assess the threat of such 

19 near-Earth objects to the Earth. It shall be the goal 

20 of the Survey program to achieve 90 percent comple21 tion of its near-Earth object catalogue (based on sta22 tistically predicted populations of near-Earth ob23 jects) within 15 years after the date of enactment of 

24 this Act. 
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1 (2) AMENDMENTS.—Section 102 of the Na2 tional Aeronautics and Space Act of 1958 (42 

3 U.S.C. 2451) is amended— 

4 (A) by redesignating subsection (g) as sub5 section (h); 

6 (B) by inserting after subsection (f) the 

7 following new subsection: 

8 ‘‘(g) The Congress declares that the general welfare 

9 and security of the United States require that the unique 

10 competence of the National Aeronautics and Space Ad11 ministration be directed to detecting, tracking, cata12 loguing, and characterizing near-Earth asteroids and com13 ets in order to provide warning and mitigation of the po14 tential hazard of such near-Earth objects to the Earth.’’; 

15 and 

16 (C) in subsection (h), as so redesignated 

17 by subparagraph (A) of this paragraph, by 

18 striking ‘‘and (f)’’ and inserting ‘‘(f), and (g)’’. 

19 (3) ANNUAL REPORT.—The Administrator shall 

20 transmit to the Congress, not later than February 

21 28 of each of the next 5 years beginning after the 

22 date of enactment of this Act, a report that provides 

23 the following: 
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1 (A) A summary of all activities taken pur2 suant to paragraph (1) for the previous fiscal 

3 year. 

4 (B) A summary of expenditures for all ac5 tivities pursuant to paragraph (1) for the pre6 vious fiscal year. 

7 (4) INITIAL REPORT.—The Administrator shall 

8 transmit to Congress not later than 1 year after the 

9 date of enactment of this Act an initial report that 

10 provides the following: 

11 (A) An analysis of possible alternatives 

12 that the the Administration may employ to 

13 carry out the Survey program, including 

14 ground-based and space-based alternatives with 

15 technical descriptions. 

16 (B) A recommended option and proposed 

17 budget to carry out the Survey program pursu18 ant to the recommended option. 

19 (C) An analysis of possible alternatives 

20 that the Administration could employ to divert 

21 an object on a likely collision course with Earth. 

Æ