`[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3070 Reported in House (RH)]







                                                 Union Calendar No. 108
109th CONGRESS
  1st Session
                                H. R. 3070

                          [Report No. 109-173]

    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

                             July 18, 2005

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on June 
                               27, 2005]

_______________________________________________________________________

                                 A BILL


 
    To reauthorize the human space flight, aeronautics, and science 
programs of the National Aeronautics and Space Administration, and for 
                            other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

                TITLE I--GENERAL PRINCIPLES AND REPORTS

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

               TITLE II--AUTHORIZATION OF APPROPRIATIONS

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

                           TITLE III--SCIENCE

                     Subtitle A--General Provisions

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

                       Subtitle B--Remote Sensing

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

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

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

                         TITLE IV--AERONAUTICS

Sec. 401. Definition.

  Subtitle A--National Policy for Aeronautics Research and Development

Sec. 411. Policy.

     Subtitle B--NASA Aeronautics Breakthrough Research Initiatives

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

 Subtitle C--Other NASA Aeronautics Research and Development Activities

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

                      TITLE V--HUMAN SPACE FLIGHT

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

                     TITLE VI--OTHER PROGRAM AREAS

                  Subtitle A--Space and Flight Support

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

                         Subtitle B--Education

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

                  TITLE VII--MISCELLANEOUS AMENDMENTS

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

                  TITLE VIII--INDEPENDENT COMMISSIONS

Sec. 801. Definitions.

 Subtitle A--International Space Station Independent Safety Commission

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

  Subtitle B--Human Space Flight Independent Investigation Commission

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

         Subtitle C--Organization and Operation of Commissions

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

SEC. 2. FINDINGS.

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

SEC. 3. DEFINITIONS.

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

                TITLE I--GENERAL PRINCIPLES AND REPORTS

SEC. 101. RESPONSIBILITIES, POLICIES, AND PLANS.

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

SEC. 102. REPORTS.

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

SEC. 103. BASELINES AND COST CONTROLS.

    (a) Conditions for Development.--
            (1) In general.--NASA shall not enter into a contract for 
        the development phase of a major program unless the 
        Administrator determines that--
                    (A) the technical, cost, and schedule risks of the 
                program are clearly identified and the program has 
                developed a plan to manage those risks; and
                    (B) the program complies with all relevant 
                policies, regulations, and directives of NASA.
            (2) Report.--The Administrator shall transmit a report 
        describing the basis for the determination required under 
        paragraph (1) to the Committee on Science of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate at least 30 days before entering 
        into a contract for development under a major program.
            (3) Nondelegation.--The Administrator may not delegate the 
        determination requirement under this subsection.
    (b) Major Program Annual Reports.--
            (1) Requirement.--Not later than February 15 of each year 
        following the date of enactment of this Act, the Administrator 
        shall transmit to the Committee on Science of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate a report on each major program for 
        which NASA proposes to expend funds in the subsequent fiscal 
        year. Reports under this section shall be known as Major 
        Program Annual Reports.
            (2) Baseline report.--The first Major Program Annual Report 
        for each major program shall include a Baseline Report that 
        shall, at a minimum, include--
                    (A) the purposes of the program and key technical 
                characteristics necessary to fulfill those purposes;
                    (B) an estimate of the life-cycle cost for the 
                program, with a detailed breakout of the development 
                cost and an estimate of the annual costs until the 
                development is completed;
                    (C) the schedule for the development, including key 
                program milestones; and
                    (D) the name of the person responsible for making 
                notifications under subsection (c), who shall be an 
                individual whose primary responsibility is overseeing 
                the program.
            (3) Information updates.--For major programs with respect 
        to which a Baseline Report has been previously submitted, each 
        subsequent Major Program Annual Report shall describe any 
        changes to the information that had been provided in the 
        Baseline Report, and the reasons for those changes.
    (c) Notification.--
            (1) Requirement.--The individual identified under 
        subsection (b)(2)(D) shall immediately notify the Administrator 
        any time that individual has reasonable cause to believe that, 
        for the major program for which he or she is responsible--
                    (A) the development cost of the program is likely 
                to exceed the estimate provided in the Baseline Report 
                of the program by 15 percent or more; or
                    (B) a milestone of the program is likely to be 
                delayed by 6 months or more from the date provided for 
                it in the Baseline Report of the program.
            (2) Reasons.--Not later than 7 days after the notification 
        required under paragraph (1), the individual identified under 
        subsection (b)(2)(D) shall transmit to the Administrator a 
        written notification explaining the reasons for the change in 
        the cost or milestone of the program for which notification was 
        provided under paragraph (1).
            (3) Notification of congress.--Not later than 5 days after 
        the Administrator receives a written notification under 
        paragraph (2), the Administrator shall transmit the 
        notification to the Committee on Science of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate.
    (d) Fifteen Percent Threshold.--Not later than 30 days after 
receiving a written notification under subsection (c)(2), the 
Administrator shall determine whether the development cost of the 
program is likely to exceed the estimate provided in the Baseline 
Report of the program by 15 percent or more, or whether a milestone is 
likely to be delayed by 6 months or more. If the determination is 
affirmative, the Administrator shall--
            (1) transmit to the Committee on Science of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate, not later than 14 days after 
        making the determination, a report that includes--
                    (A) a description of the increase in cost or delay 
                in schedule and a detailed explanation for the increase 
                or delay;
                    (B) a description of actions taken or proposed to 
                be taken in response to the cost increase or delay; and
                    (C) a description of any impacts the cost increase 
                or schedule delay will have on any other program within 
                NASA; and
            (2) if the Administrator intends to continue with the 
        program, promptly initiate an analysis of the program, which 
        shall include, at a minimum--
                    (A) the projected cost and schedule for completing 
                the program if current requirements of the program are 
                not modified;
                    (B) the projected cost and the schedule for 
                completing the program after instituting the actions 
                described under paragraph (1)(B); and
                    (C) a description of, and the projected cost and 
                schedule for, a broad range of alternatives to the 
                program.
NASA shall complete an analysis initiated under paragraph (2) not later 
than 6 months after the Administrator makes a determination under this 
subsection. The Administrator shall transmit the analysis to the 
Committee on Science of the House of Representatives and Committee on 
Commerce, Science, and Transportation of the Senate not later than 30 
days after its completion.
    (e) Thirty Percent Threshold.--If the Administrator determines 
under subsection (d) that the development cost of a program will exceed 
the estimate provided in the Baseline Report of the program by more 
than the lower of 30 percent or $1,000,000,000, then, beginning 1 year 
after the date the Administrator transmits a report under subsection 
(d)(1), the Administrator shall not expend any additional funds on the 
program, other than termination costs, unless the Congress has 
subsequently authorized continuation of the program by law. If the 
program is continued, the Administrator shall submit a new Baseline 
Report for the program no later than 90 days after the date of 
enactment of the Act under which Congress has authorized continuation 
of the program.
    (f) Definitions.--For the purposes of this section--
            (1) the term ``development'' means the phase of a program 
        following the formulation phase and beginning with the approval 
        to proceed to implementation, as defined in NASA's Procedural 
        Requirements 7120.5c, dated March 22, 2005;
            (2) the term ``development cost'' means the total of all 
        costs, including construction of facilities and civil servant 
        costs, from the period beginning with the approval to proceed 
        to implementation through the achievement of operational 
        readiness, without regard to funding source or management 
        control, for the life of the program;
            (3) the term ``life-cycle cost'' means the total of the 
        direct, indirect, recurring, and nonrecurring costs, including 
        the construction of facilities and civil servant costs, and 
        other related expenses incurred or estimated to be incurred in 
        the design, development, verification, production, operation, 
        maintenance, support, and retirement of a program over its 
        planned lifespan, without regard to funding source or 
        management control; and
            (4) the term ``major program'' means an activity approved 
        to proceed to implementation that has an estimated life-cycle 
        cost of more than $100,000,000.

SEC. 104. PRIZE AUTHORITY.

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

                           ``prize authority

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

SEC. 105. FOREIGN LAUNCH VEHICLES.

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

SEC. 106. SAFETY MANAGEMENT.

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

SEC. 107. LESSONS LEARNED AND BEST PRACTICES.

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

SEC. 108. COMMERCIALIZATION PLAN.

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

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

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

               TITLE II--AUTHORIZATION OF APPROPRIATIONS

SEC. 201. STRUCTURE OF BUDGETARY ACCOUNTS.

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

``SEC. 313. BUDGETARY ACCOUNTS.

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

SEC. 202. FISCAL YEAR 2006.

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

SEC. 203. FISCAL YEAR 2007.

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

SEC. 204. ISS RESEARCH.

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

SEC. 205. TEST FACILITIES.

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

SEC. 206. PROPORTIONALITY.

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

SEC. 207. LIMITATIONS ON AUTHORITY.

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

SEC. 208. NOTICE OF REPROGRAMMING.

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

SEC. 209. COST OVERRUNS.

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

SEC. 210. OFFICIAL REPRESENTATIONAL FUND.

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

SEC. 211. INTERNATIONAL SPACE STATION COST CAP.

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

                           TITLE III--SCIENCE

                     Subtitle A--General Provisions

SEC. 301. PERFORMANCE ASSESSMENTS.

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

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

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

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

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

SEC. 304. ASSESSMENT OF SCIENCE MISSION EXTENSIONS.

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

SEC. 305. MICROGRAVITY RESEARCH.

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

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

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

                       Subtitle B--Remote Sensing

SEC. 311. DEFINITIONS.

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

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

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

SEC. 313. PROGRAM EVALUATION.

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

SEC. 314. DATA AVAILABILITY.

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

SEC. 315. EDUCATION.

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

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

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

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

                         TITLE IV--AERONAUTICS

SEC. 401. DEFINITION.

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

  Subtitle A--National Policy for Aeronautics Research and Development

SEC. 411. POLICY.

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

     Subtitle B--NASA Aeronautics Breakthrough Research Initiatives

SEC. 421. ENVIRONMENTAL AIRCRAFT RESEARCH AND DEVELOPMENT INITIATIVE.

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

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

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

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

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

 Subtitle C--Other NASA Aeronautics Research and Development Activities

SEC. 431. FUNDAMENTAL RESEARCH AND TECHNOLOGY BASE PROGRAM.

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

SEC. 432. AIRSPACE SYSTEMS RESEARCH.

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

SEC. 433. AVIATION SAFETY AND SECURITY RESEARCH.

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

SEC. 434. ZERO-EMISSIONS AIRCRAFT RESEARCH.

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

SEC. 435. MARS AIRCRAFT RESEARCH.

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

SEC. 436. HYPERSONICS RESEARCH.

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

SEC. 437. NASA AERONAUTICS SCHOLARSHIPS.

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

SEC. 438. AVIATION WEATHER RESEARCH.

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

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

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

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

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

                      TITLE V--HUMAN SPACE FLIGHT

SEC. 501. INTERNATIONAL SPACE STATION COMPLETION.

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

SEC. 502. HUMAN EXPLORATION PRIORITIES.

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

SEC. 503. GAO ASSESSMENT.

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

                     TITLE VI--OTHER PROGRAM AREAS

                  Subtitle A--Space and Flight Support

SEC. 601. ORBITAL DEBRIS.

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

SEC. 602. SECONDARY PAYLOAD CAPABILITY.

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

                         Subtitle B--Education

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

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

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

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

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

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

SEC. 614. REVIEW OF EDUCATION PROGRAMS.

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

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

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

                  TITLE VII--MISCELLANEOUS AMENDMENTS

SEC. 701. RETROCESSION OF JURISDICTION.

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

                     ``retrocession of jurisdiction

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

SEC. 702. EXTENSION OF INDEMNIFICATION.

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

SEC. 703. NASA SCHOLARSHIPS.

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

SEC. 704. INDEPENDENT COST ANALYSIS.

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

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

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

                  TITLE VIII--INDEPENDENT COMMISSIONS

SEC. 1. DEFINITIONS.

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

 Subtitle A--International Space Station Independent Safety Commission

SEC. 811. ESTABLISHMENT OF COMMISSION.

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

SEC. 812. TASKS OF THE COMMISSION.

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

SEC. 813. SUNSET.

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

  Subtitle B--Human Space Flight Independent Investigation Commission

SEC. 821. ESTABLISHMENT OF COMMISSION.

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

SEC. 822. TASKS OF THE COMMISSION.

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

         Subtitle C--Organization and Operation of Commissions

SEC. 831. COMPOSITION OF COMMISSIONS.

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

SEC. 832. POWERS OF COMMISSION.

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

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

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

SEC. 834. STAFF OF COMMISSION.

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

SEC. 835. COMPENSATION AND TRAVEL EXPENSES.

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

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

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

SEC. 837. REPORTING REQUIREMENTS AND TERMINATION.

    (a) Interim Reports.--A Commission may submit to the President and 
Congress interim reports containing such findings, conclusions, and 
recommendations for corrective actions as have been agreed to by a 
majority of Commission members.
    (b) Final Report.--A Commission shall submit to the President and 
Congress, and make concurrently available to the public, a final report 
containing such findings, conclusions, and recommendations for 
corrective actions as have been agreed to by a majority of Commission 
members. Such report shall include any minority views or opinions not 
reflected in the majority report.
    (c) Termination.--
            (1) In general.--A Commission, and all the authorities of 
        this title with respect to that Commission, shall terminate 60 
        days after the date on which the final report is submitted 
        under subsection (b).
            (2) Administrative activities before termination.--A 
        Commission may use the 60-day period referred to in paragraph 
        (1) for the purpose of concluding its activities, including 
        providing testimony to committees of Congress concerning its 
        reports and disseminating the final report.
                                                 Union Calendar No. 108

109th CONGRESS

  1st Session

                               H. R. 3070

                          [Report No. 109-173]

_______________________________________________________________________

                                 A BILL

    To reauthorize the human space flight, aeronautics, and science 
programs of the National Aeronautics and Space Administration, and for 
                            other purposes.

_______________________________________________________________________

                             July 18, 2005

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed`