I 

109TH CONGRESS 

1ST SESSION H. R. 3250

To authorize appropriation for the National Aeronautics and Space 

Administration, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 12, 2005

Mr. GORDON (for himself, Mr. UDALL of Colorado, Mr. AL GREEN of Texas, 

Mr. MILLER of North Carolina, Mr. COSTELLO, Ms. EDDIE BERNICE

JOHNSON of Texas, Ms. HOOLEY, Mr. HONDA, Mr. DAVIS of Tennessee, 

Ms. JACKSON-LEE of Texas, Mr. BAIRD, Mr. MATHESON, Mr. COSTA, 

Mr. MOORE of Kansas, Mr. CARNAHAN, Mr. MELANCON, Mr. SHERMAN, 

Mr. WU, Mr. LIPINSKI, and Ms. WOOLSEY) introduced the following bill; 

which was referred to the Committee on Science 

A BILL

To authorize appropriation for the National Aeronautics and 

Space Administration, and for other purposes.

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘National Aeronautics and Space Administration Author6 ization Act of 2005’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows:
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Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

Sec. 3. Definitions. 

TITLE I—AUTHORIZATION OF APPROPRIATIONS 

Subtitle A—Authorizations 

Sec. 101. Fiscal year 2006. 

Sec. 102. Fiscal year 2007. 

Sec. 103. Fiscal year 2008. 

Subtitle B—General Provisions 

Sec. 111. Technology transfer program. 

Sec. 112. Proportionality. 

Sec. 113. Limitations on authority. 

Sec. 114. Notice of reprogramming. 

Sec. 115. Structure of budgetary accounts. 

Sec. 116. Cost growth and cost overruns. 

Sec. 117. Evaluation criteria for budget request. 

Sec. 118. Official representational fund. 

Sec. 119. Safety management. 

Sec. 120. Lessons learned and best practices. 

TITLE II—SCIENCE 

Subtitle A—General Provisions 

Sec. 201. Prioritization of science projects and activities. 

Sec. 202. Performance assessments. 

Sec. 203. Status report on Hubble Space Telescope servicing mission. 

Sec. 204. Future of the Deep Space Network. 

Sec. 205. Earth observing system. 

Sec. 206. Independent assessment of Landsat-NPOESS integrated mission. 

Sec. 207. Assessment of science mission extensions. 

Sec. 208. Microgravity research. 

Subtitle B—Remote Sensing 

Sec. 211. Definitions. 

Sec. 212. Pilot projects to encourage public sector applications. 

Sec. 213. Program evaluation. 

Sec. 214. Data availability. 

Sec. 215. Education. 

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

Sec. 221. George E. Brown, Jr. Near-Earth Object Survey. 

TITLE III—AERONAUTICS 

Sec. 301. Definition. 

Subtitle A—National Policy for Aeronautics Research and Development 

Sec. 311. Policy. 

Subtitle B—NASA Aeronautics Breakthrough Research Initiatives 
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Sec. 321. Environmental aircraft research and development initiative. 

Sec. 322. Civil supersonic transport research and development initiative. 

Sec. 323. Rotorcraft and other runway-independent air vehicles research and 

development initiative. 

Sec. 324. Review. 

Subtitle C—Other NASA Aeronautics Research and Development Activities 

Sec. 331. Fundamental research and technology base program. 

Sec. 332. Airspace systems research. 

Sec. 333. Aviation safety and security research. 

Sec. 334. Zero-emissions aircraft research. 

Sec. 335. Mars aircraft research. 

Sec. 336. Hypersonics research. 

Sec. 337. NASA aeronautics scholarships. 

Sec. 338. Aviation weather research. 

Sec. 339. Assessment of wake turbulence research and development program. 

Sec. 340. University-based centers for research on aviation training. 

TITLE IV—HUMAN SPACE FLIGHT 

Sec. 401. International Space Station completion. 

Sec. 402. Use of the International Space Station and annual report. 

Sec. 403. International Space Station cost cap. 

Sec. 404. Space shuttle transition. 

Sec. 405. Human exploration priorities. 

Sec. 406. Development of expanded permanent human presence beyond lowEarth orbit. 

Sec. 407. Ground-based exploration analog capabilities. 

Sec. 408. GAO assessment of feasibility of Moon and Mars exploration missions. 

Sec. 409. United States human-rated launch capacity assessment. 

TITLE V—OTHER PROGRAM AREAS 

Subtitle A—Space and Flight Support 

Sec. 501. Space communications study. 

Sec. 502. Orbital debris. 

Sec. 503. Secondary payload capability. 

Sec. 504. NASA healthcare program. 

Subtitle B—Education 

Sec. 511. Institutions in NASA’s minority institutions program. 

Sec. 512. Program to expand distance learning in rural underserved areas. 

Sec. 513. Charles ‘‘Pete’’ Conrad Astronomy Awards. 

Sec. 514. Review of education programs. 

Sec. 515. Equal access to NASA’s education programs. 

TITLE VI—COMMERCIALIZATION 

Sec. 601. Competitive prize program to encourage development of advanced 

space and aeronautical technologies. 

Sec. 602. Commercial support of International Space Station operations and 

utilization. 

Sec. 603. Commercialization plan. 

Sec. 604. Commercial goods and services. 
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TITLE VII—WORKFORCE AND FACILITIES 

Sec. 701. Workforce strategy. 

Sec. 702. Facilities plan. 

Sec. 703. NASA test facilities policy. 

Sec. 704. Study on the feasibility of use of ground source heat pumps. 

Sec. 705. Facilities management. 

TITLE VIII—MISCELLANEOUS AMENDMENTS 

Sec. 801. Retrocession of jurisdiction. 

Sec. 802. Extension of indemnification authority. 

Sec. 803. Intellectual property provisions. 

Sec. 804. Electronic access to business opportunities. 

Sec. 805. Requirement for independent cost analysis. 

Sec. 806. Limitations on off-shore performance of contracts for the procurement of goods and services. 

TITLE IX—INDEPENDENT COMMISSIONS 

Sec. 901. Definitions. 

Subtitle A—International Space Station Independent Safety Commission 

Sec. 911. Establishment of Commission. 

Sec. 912. Tasks of the Commission. 

Subtitle B—Human Space Flight Independent Investigation Commission 

Sec. 921. Establishment of Commission. 

Sec. 922. Tasks of the Commission. 

Sec. 923. Role of NTSB. 

Subtitle C—Organization and Operation of Commissions 

Sec. 931. Composition of Commissions. 

Sec. 932. Powers of Commission. 

Sec. 933. Public meetings, information, and hearings. 

Sec. 934. Staff of Commission. 

Sec. 935. Compensation and travel expenses. 

Sec. 936. Security clearances for Commission members and staff. 

Sec. 937. Reporting requirements and termination.

1 SEC. 2. FINDINGS. 

2 The Congress finds the following: 

3 (1) NASA is and should remain a multimission 

4 agency with a balanced and robust set of core mis5 sions in science, aeronautics, and human space 

6 flight. 
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1 (2) The President’s vision of returning humans 

2 to the Moon and then venturing further into the 

3 solar system on a step-by-step basis provides a sus4 tainable rationale for the United States human 

5 space flight program. 

6 (3) Maintaining the capability to safely send 

7 humans into space is essential to maintaining 

8 United States preeminence in human space flight. 

9 Thus, a gap in United States human space flight ca10 pability is harmful to the national interest. 

11 (4) The United States should honor its inter12 national commitments to the International Space 

13 Station program. 

14 (5) The United States must remain the leader 

15 in aeronautics and aviation. Any erosion of this pre16 eminence is not in the Nation’s economic or security 

17 interests. Past Federal investments in aeronautics 

18 research and development have benefited the econ19 omy and national security of the United States and 

20 improved the quality of life of its citizens. 

21 (6) Long-term progress in aeronautics and 

22 space requires continued Federal investment in fun23 damental research, test facilities, and maintenance 

24 of a skilled civil service workforce at NASA’s Cen25 ters. 
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1 SEC. 3. DEFINITIONS. 

2 In this Act: 

3 (1) ADMINISTRATOR.—The term ‘‘Adminis4 trator’’ means the Administrator of the National 

5 Aeronautics and Space Administration. 

6 (2) IN-SITU RESOURCE UTILIZATION.—The 

7 term ‘‘in-situ resource utilization’’ means technology 

8 or systems that can convert indigenous or locally-sit9 uated substances into useful materials and products. 

10 (3) ISS.—The term ‘‘ISS’’ means the Inter11 national Space Station. 

12 (4) NASA.—The term ‘‘NASA’’ means the Na13 tional Aeronautics and Space Administration. 

14 TITLE I—AUTHORIZATION OF 

15 APPROPRIATIONS 

16 Subtitle A—Authorizations 

17 SEC. 101. FISCAL YEAR 2006. 

18 There are authorized to be appropriated to NASA for 

19 fiscal year 2006 $16,471,050,000, as follows: 

20 (1) For Science, Aeronautics, Space and Flight 

21 Support, and Education (including amounts for con22 struction of facilities), $7,567,200,000 of which—

23 (A) $5,954,200,000 shall be for Science, of 

24 which—

25 (i) $1,765,000,000 shall be for Solar 

26 System Exploration; 
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1 (ii) $1,928,000,000 shall be for Uni2 verse of which—

3 (I) $250,000,000 shall be for a 

4 Hubble Space Telescope servicing mis5 sion; 

6 (II) $521,600,000 shall be for 

7 the James Webb Space Telescope; and 

8 (III) $331,500,000 shall be for 

9 Universe Research; 

10 (iii) $2,144,000,000 shall be for 

11 Earth-Sun System of which—

12 (I) $30,000,000 shall be to aug13 ment funding for the Glory mission; 

14 (II) $25,000,000 shall be to aug15 ment funding for extension of oper16 ational spacecraft missions; and 

17 (III) $25,000,000 shall be to 

18 augment funding for the Global Pre19 cipitation Mission; and 

20 (iv) $117,000,000 shall be for Micro21 gravity Sciences; 

22 (B) $1,057,000,000 shall be for Aero23 nautics; 

24 (C) $376,000,000 shall be for Space and 

25 Flight Support; and 
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1 (D) $180,000,000 shall be for Education, 

2 of which $29,550,000 shall be for the National 

3 Space Grant College and Fellowship Program. 

4 (2) For Human Space Flight (including 

5 amounts for construction of facilities), 

6 $8,873,000,000 of which—

7 (A) $4,531,000,000 shall be for the Space 

8 Shuttle; 

9 (B) $1,857,000,000 shall be for the Inter10 national Space Station; and 

11 (C) $2,485,000,000 shall be for Human 

12 Exploration, including all robotic space missions 

13 and technology development needed to enable 

14 human exploration beyond the orbital altitude 

15 of the International Space Station. 

16 (3) For the Office of Inspector General, 

17 $32,000,000. 

18 SEC. 102. FISCAL YEAR 2007. 

19 There are authorized to be appropriated to NASA for 

20 fiscal year 2007 $16,962,000,000, as follows: 

21 (1) For Science, Aeronautics, Space and Flight 

22 Support, and Education (including amounts for con23 struction of facilities), $7,792,100,000, of which—

24 (A) $6,146,700,000 shall be for Science, of 

25 which—
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1 (i) $2,072,000,000 shall be for Solar 

2 System Exploration; 

3 (ii) $1,848,500,000 shall be for Uni4 verse of which—

5 (I) $150,000,000 shall be for a 

6 Hubble Space Telescope servicing mis7 sion; 

8 (II) $522,500,000 shall be for 

9 the James Webb Space Telescope; and 

10 (III) $328,500,000 shall be for 

11 Universe Research; 

12 (iii) $2,106,000,000 shall be for 

13 Earth-Sun System, of which $25,000,000 

14 shall be to augment funding for extension 

15 of operational spacecraft missions; and 

16 (iv) $120,000,000 shall be for Micro17 gravity Sciences; 

18 (B) $1,089,000,000 shall be for Aero19 nautics; 

20 (C) $371,000,000 shall be for Space and 

21 Flight Support; and 

22 (D) $185,000,000 shall be for Education, 

23 of which $32,000,000 shall be for the National 

24 Space Grant College and Fellowship Program. 
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1 (2) For Human Space Flight (including 

2 amounts for construction of facilities), 

3 $9,134,900,000, of which—

4 (A) $4,172,000,000 shall be for the Space 

5 Shuttle; 

6 (B) $1,835,000,000 shall be for the Inter7 national Space Station; and 

8 (C) $3,127,900,000 shall be for Human 

9 Exploration, including all robotic space missions 

10 and technology development needed to enable 

11 human exploration beyond the orbital altitude 

12 of the International Space Station. 

13 (3) For the Office of Inspector General, 

14 $34,000,000. 

15 SEC. 103. FISCAL YEAR 2008. 

16 There are authorized to be appropriated to NASA for 

17 fiscal year 2008 $17,306,000,000, as follows: 

18 (1) For Science, Aeronautics, Space and Flight, 

19 and Education (including amounts for construction 

20 of facilities), $8,259,400,000 of which—

21 (A) $6,547,500,000 shall be for Science, of 

22 which—

23 (i) $2,461,000,000 shall be for Solar 

24 System Exploration; 
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1 (ii) $1,806,000,000 shall be for Uni2 verse of which—

3 (I) $100,000,000 shall be for a 

4 Hubble Space Telescope servicing mis5 sion; 

6 (II) $478,600,000 shall be for 

7 the James Webb Space Telescope; and 

8 (III) $325,800,000 shall be for 

9 Universe Research; 

10 (iii) $2,157,000,000 shall be for 

11 Earth-Sun System, of which $25,000,000 

12 shall be to augment funding for oper13 ational spacecraft missions; and 

14 (iv) $124,000,000 shall be for Micro15 gravity Sciences; 

16 (B) $1,121,000,000 shall be for Aero17 nautics; 

18 (C) $400,000,000 shall be for Space and 

19 Flight Support; and 

20 (D) $191,000,000 shall be for Education, 

21 of which $34,000,000 shall be for the National 

22 Space Grant College and Fellowship Program. 

23 (2) For Human Space Flight (including 

24 amounts for construction of facilities), 

25 $9,011,500,000, of which—
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1 (A) $3,866,000,000 shall be for the Space 

2 Shuttle; 

3 (B) $1,791,000,000 shall be for the Inter4 national Space Station; and 

5 (C) $3,354,500,000 shall be for Human 

6 Exploration, including all robotic space missions 

7 and technology development needed to enable 

8 human exploration beyond the orbital altitude 

9 of the International Space Station. 

10 (3) For the Office of the Inspector General, 

11 $35,000,000. 

12 Subtitle B—General Provisions 

13 SEC. 111. TECHNOLOGY TRANSFER PROGRAM. 

14 Of each of the overall sums authorized to be appro15 priated by sections 101, 102, and 103, 1.09 percent shall 

16 be reserved for innovative technology transfer partnerships 

17 and other technology transfer initiatives undertaken by 

18 NASA. 

19 SEC. 112. PROPORTIONALITY. 

20 If the total amount appropriated for NASA pursuant 

21 to section 101, 102, or 103 is less than the amount au22 thorized under such section, the amounts authorized under 

23 each of the accounts specified in such section shall be re24 duced proportionately. 
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1 SEC. 113. LIMITATIONS ON AUTHORITY. 

2 Notwithstanding any other provision of this Act, no 

3 amount appropriated pursuant to this Act may be used 

4 for any program in excess of the amount actually author5 ized for the particular program by section 101, 102, or 

6 103, unless a period of 30 days has passed after the re7 ceipt, by each such Committee, of notice given by the Ad8 ministrator containing a full and complete statement of 

9 the action proposed to be taken and the facts and cir10 cumstances relied upon in support of such a proposed ac11 tion. NASA shall keep the Committee on Commerce, 

12 Science, and Transportation of the Senate and the Com13 mittee on Science of the House of Representatives fully 

14 and currently informed with respect to all activities and 

15 responsibilities within the jurisdiction of those Commit16 tees. 

17 SEC. 114. NOTICE OF REPROGRAMMING. 

18 If any funds authorized by this Act are subject to 

19 a reprogramming action that requires notice to be pro20 vided to the Appropriations Committees of the House of 

21 Representatives and the Senate, notice of such action shall 

22 concurrently be provided to the Committee on Science of 

23 the House of Representatives and the Committee on Com24 merce, Science, and Transportation of the Senate. 
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1 SEC. 115. STRUCTURE OF BUDGETARY ACCOUNTS. 

2 Section 313 of the National Aeronautics and Space 

3 Act of 1958 (42 U.S.C. 2459f) is amended to read as fol4 lows: 

5 ‘‘SEC. 313. BUDGETARY ACCOUNTS. 

6 ‘‘Appropriations for NASA for fiscal year 2007 and 

7 thereafter shall be made in three accounts, ‘Science, Aero8 nautics, Space and Flight Support, and Education’, 

9 ‘Human Space Flight’, and an account for amounts appro10 priated for the necessary expenses of the Office of the In11 spector General. Appropriations shall remain available for 

12 two fiscal years. Each account shall include the planned 

13 full costs of NASA’s activities.’’. 

14 SEC. 116. COST GROWTH AND COST OVERRUNS. 

15 (a) SENSE OF CONGRESS.—It is the sense of Con16 gress that cost overruns and cost growth within one of 

17 the accounts specified in sections 101, 102, and 103 

18 should be dealt with by means of adjustments within that 

19 account to the maximum extent practicable, and pro20 tecting funds intended for fundamental and applied re21 search and analysis to the maximum extent practicable. 

22 (b) BASELINES AND COST CONTROLS.—

23 (1) CONDITIONS FOR DEVELOPMENT.—

24 (A) IN GENERAL.—NASA shall not enter 

25 into a contract for the development phase of a 
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1 major program unless the Administrator deter2 mines that—

3 (i) the technical, cost, and schedule 

4 risks of the program are clearly identified 

5 and the program has developed a plan to 

6 manage those risks; and 

7 (ii) the program complies with all rel8 evant policies, regulations, and directives 

9 of NASA. 

10 (B) REPORT.—The Administrator shall 

11 transmit a report describing the basis for the 

12 determination required under subparagraph (A) 

13 to the Committee on Science of the House of 

14 Representatives and the Committee on Com15 merce, Science, and Transportation of the Sen16 ate at least 30 days before entering into a con17 tract for development under a major program. 

18 (C) NONDELEGATION.—The Administrator 

19 may not delegate the determination requirement 

20 under this paragraph. 

21 (2) MAJOR PROGRAM ANNUAL REPORTS.—

22 (A) REQUIREMENT.—Not later than Feb23 ruary 15 of each year following the date of en24 actment of this Act, the Administrator shall 

25 transmit to the Committee on Science of the 
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1 House of Representatives and the Committee 

2 on Commerce, Science, and Transportation of 

3 the Senate a report on each major program for 

4 which the Administration proposes to expend 

5 funds in the subsequent fiscal year. Reports 

6 under this subparagraph shall be known as 

7 Major Program Annual Reports. 

8 (B) BASELINE REPORT.—The first Major 

9 Program Annual Report for each major pro10 gram shall include a Baseline Report that shall, 

11 at a minimum, include—

12 (i) the purposes of the program and 

13 key technical characteristics necessary to 

14 fulfill those purposes; 

15 (ii) an estimate of the life-cycle cost 

16 for the program, with a detailed breakout 

17 of the development cost and an estimate of 

18 the annual costs until the development is 

19 completed; 

20 (iii) the schedule for the development, 

21 including key program milestones; and 

22 (iv) the name of the person respon23 sible for making notifications under para24 graph (3), who shall be an individual 
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1 whose primary responsibility is overseeing 

2 the program. 

3 (C) INFORMATION UPDATES.—For major 

4 programs with respect to which a Baseline Re5 port has been previously submitted, each subse6 quent Major Program Annual Report shall de7 scribe any changes to the information that had 

8 been provided in the Baseline Report, and the 

9 reasons for those changes. 

10 (3) NOTIFICATION.—

11 (A) REQUIREMENT.—The individual iden12 tified under paragraph (2)(B)(iv) shall imme13 diately notify the Administrator any time that 

14 individual has reasonable cause to believe that, 

15 for the major program for which he or she is 

16 responsible—

17 (i) the development cost of the pro18 gram is likely to exceed the estimate pro19 vided in the Baseline Report of the pro20 gram by 15 percent or more; or 

21 (ii) a milestone of the program is like22 ly to be delayed by 6 months or more from 

23 the date provided for it in the Baseline Re24 port of the program. 
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1 (B) REASONS.—Not later than 7 days 

2 after the notification required under subpara3 graph (A), the individual identified under para4 graph (2)(B)(iv) shall transmit to the Adminis5 trator a written notification explaining the rea6 sons for the change in the cost or milestone of 

7 the program for which notification was provided 

8 under subparagraph (A). 

9 (C) NOTIFICATION OF CONGRESS.—Not 

10 later than 5 days after the Administrator re11 ceives a written notification under subpara12 graph (B), the Administrator shall transmit the 

13 notification to the Committee on Science of the 

14 House of Representatives and the Committee 

15 on Commerce, Science, and Transportation of 

16 the Senate. 

17 (4) FIFTEEN PERCENT THRESHOLD.—Not later 

18 than 30 days after receiving a written notification 

19 under paragraph (3)(B), the Administrator shall de20 termine whether the development cost of the pro21 gram is likely to exceed the estimate provided in the 

22 Baseline Report of the program by 15 percent or 

23 more, or whether a milestone is likely to be delayed 

24 by 6 months or more. If the determination is affirm25 ative, the Administrator shall—
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1 (A) transmit to the Committee on Science 

2 of the House of Representatives and the Com3 mittee on Commerce, Science, and Transpor4 tation of the Senate, not later than 14 days 

5 after making the determination, a report that 

6 includes—

7 (i) a description of the increase in 

8 cost or delay in schedule and a detailed ex9 planation for the increase or delay; 

10 (ii) a description of actions taken or 

11 proposed to be taken in response to the 

12 cost increase or delay; and 

13 (iii) a description of any impacts the 

14 cost increase or schedule delay will have on 

15 any other program within the Administra16 tion; and 

17 (B) if the Administrator intends to con18 tinue with the program, promptly initiate an 

19 analysis of the program, which shall include, at 

20 a minimum—

21 (i) the projected cost and schedule for 

22 completing the program if current require23 ments of the program are not modified; 

24 (ii) the projected cost and the sched25 ule for completing the program after insti-
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1 tuting the actions described under sub2 paragraph (A)(ii); and 

3 (iii) a description of, and the pro4 jected cost and schedule for, a broad range 

5 of alternatives to the program. 

6 The Administration shall complete an analysis initi7 ated under subparagraph (B) not later than 6 

8 months after the Administrator makes a determina9 tion under this paragraph. The Administrator shall 

10 transmit the analysis to the Committee on Science 

11 of the House of Representatives and Committee on 

12 Commerce, Science, and Transportation of the Sen13 ate not later than 30 days after its completion. 

14 (5) DEFINITIONS.—For the purposes of this 

15 subsection—

16 (A) the term ‘‘development’’ means the 

17 phase of a program following the formulation 

18 phase and beginning with the approval to pro19 ceed to implementation, as defined in the Ad20 ministration’s Procedural Requirements 

21 7120.5c, dated March 22, 2005; 

22 (B) the term ‘‘development cost’’ means 

23 the total of all costs, including construction of 

24 facilities and civil servant costs, from the period 

25 beginning with the approval to proceed to im-
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1 plementation through the achievement of oper2 ational readiness, without regard to funding 

3 source or management control, for the life of 

4 the program; 

5 (C) the term ‘‘life-cycle cost’’ means the 

6 total of the direct, indirect, recurring, and non7 recurring costs, including the construction of 

8 facilities and civil servant costs, and other re9 lated expenses incurred or estimated to be in10 curred in the design, development, verification, 

11 production, operation, maintenance, support, 

12 and retirement of a program over its planned 

13 lifespan, without regard to funding source or 

14 management control; and 

15 (D) the term ‘‘major program’’ means an 

16 activity approved to proceed to implementation 

17 that has an estimated life-cycle cost of more 

18 than $100,000,000. 

19 SEC. 117. EVALUATION CRITERIA FOR BUDGET REQUEST. 

20 It is the sense of the Congress that each budget of 

21 the United States submitted to the Congress after the date 

22 of enactment of this Act should be evaluated for compli23 ance with the findings and priorities established by this 

24 Act and the amendments made by this Act. 
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1 SEC. 118. OFFICIAL REPRESENTATIONAL FUND. 

2 Amounts appropriated pursuant to paragraphs (1) 

3 and (2) of section 101 may be used, but not to exceed 

4 a total of $70,000, for official reception and representa5 tion expenses. 

6 SEC. 119. SAFETY MANAGEMENT. 

7 Section 6 of the National Aeronautics and Space Ad8 ministration Authorization Act, 1968 (42 U.S.C. 2477) is 

9 amended—

10 (1) by inserting ‘‘(a) IN GENERAL.—’’ before 

11 ‘‘There is hereby’’; 

12 (2) by striking ‘‘plans referred to it’’ and in13 serting ‘‘plans referred to it, including evaluating the 

14 National Aeronautics and Space Administration’s 

15 compliance with the return-to-flight and continue-to16 fly recommendations of the Columbia Accident In17 vestigation Board,’’; 

18 (3) by inserting ‘‘and the Congress’’ after ‘‘ad19 vise the Administrator’’; 

20 (4) by striking ‘‘and with respect to the ade21 quacy of proposed or existing safety standards and 

22 shall’’ and inserting ‘‘, with respect to the adequacy 

23 of proposed or existing safety standards, and with 

24 respect to management and culture. The Panel shall 

25 also’’; and 

26 (5) by adding at the end the following: 
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1 ‘‘(b) ANNUAL REPORT.—The Panel shall submit an 

2 annual report to the Administrator and to the Congress. 

3 In the first annual report submitted after the date of en4 actment of the National Aeronautics and Space Adminis5 tration Authorization Act of 2005, the Panel shall include 

6 an evaluation of NASA’s safety management culture. 

7 ‘‘(c) SENSE OF THE CONGRESS.—It is the sense of 

8 the Congress that the Administrator should—

9 ‘‘(1) ensure that NASA employees can raise 

10 safety concerns without fear of reprisal; 

11 ‘‘(2) continue to follow the recommendations of 

12 the Columbia Accident Investigation Board for safe13 ly returning to flight and continuing to fly the Space 

14 Shuttle; and 

15 ‘‘(3) continue to inform the Congress from time 

16 to time of NASA’s progress in meeting those rec17 ommendations.’’. 

18 SEC. 120. LESSONS LEARNED AND BEST PRACTICES. 

19 (a) IN GENERAL.—The Administrator shall provide 

20 an implementation plan describing NASA’s approach for 

21 obtaining, implementing, and sharing lessons learned and 

22 best practices for its major programs and projects not 

23 later than 180 days after the date of enactment of this 

24 Act. The implementation plan shall be updated and main25 tained to ensure that it is current and consistent with the 
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1 burgeoning culture of learning and safety that is emerging 

2 at NASA. 

3 (b) REQUIRED CONTENT.—The implementation plan 

4 shall contain at a minimum the lessons learned and best 

5 practices requirements for NASA, the organizations or po6 sitions responsible for enforcement of the requirements, 

7 the reporting structure, and the objective performance 

8 measures indicating the effectiveness of the activity. 

9 (c) INCENTIVES.—The Administrator shall provide 

10 incentives to encourage sharing and implementation of les11 sons learned and best practices by employees, projects, 

12 and programs, as well as penalties for programs and 

13 projects that are determined not to have demonstrated use 

14 of those resources. 

15 TITLE II—SCIENCE 

16 Subtitle A—General Provisions 

17 SEC. 201. PRIORITIZATION OF SCIENCE PROJECTS AND AC18 TIVITIES. 

19 (a) IN GENERAL.—The Administrator shall—

20 (1) conduct a rich and vigorous set of science 

21 activities aimed at better comprehension of the uni22 verse, solar system, and Earth, as well as improving 

23 our understanding of the fundamental physical and 

24 biological sciences; 
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1 (2) ensure that the various areas within 

2 NASA’s science portfolio are developed and main3 tained in a balanced and healthy manner; and 

4 (3) determine priorities for each discipline in 

5 the Science account through consultation with the 

6 National Academies and based on the results of 

7 studies performed by the National Academies, which, 

8 at a minimum, shall set forth priorities within each 

9 discipline for the subsequent decade. 

10 (b) REPORT.—Not later than 1 year after the date 

11 of enactment of this Act, the Administrator shall transmit 

12 to the Committee on Commerce, Science, and Transpor13 tation of the Senate and the Committee on Science of the 

14 House of Representatives a report detailing—

15 (1) the findings and actions taken on NASA’s 

16 assessment of the balance within its science portfolio 

17 and any efforts to adjust that balance among the 

18 major program areas; and 

19 (2) the priorities determined for each discipline. 

20 SEC. 202. PERFORMANCE ASSESSMENTS. 

21 (a) IN GENERAL.—Performance of each discipline in 

22 the Science account of NASA shall be reviewed and as23 sessed by the National Academies at 5-year intervals. 

24 (b) REPORTS.—Not later than 1 year after the date 

25 of enactment of this Act, and every 5 years thereafter, 
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1 the Administrator shall transmit a report to the Com2 mittee on Commerce, Science, and Transportation of the 

3 Senate and the Committee on Science of the House of 

4 Representatives—

5 (1) setting forth in detail the results of the ex6 ternal review under subsection (a); 

7 (2) setting forth in detail actions taken by 

8 NASA in response to that external review; and 

9 (3) including a summary of findings and rec10 ommendations from any other external reviews of 

11 NASA’s science mission priorities and programs. 

12 SEC. 203. STATUS REPORT ON HUBBLE SPACE TELESCOPE 

13 SERVICING MISSION. 

14 It is the sense of the Congress that the Hubble Space 

15 Telescope is an extraordinary instrument that has pro16 vided, and should continue to provide, with answers to pro17 found scientific questions. In accordance with the rec18 ommendations of the National Academy of Sciences, all 

19 appropriate efforts should be expended to complete the 

20 Space Shuttle servicing mission. Upon successful comple21 tion of the planned return-to-flight schedule of the Space 

22 Shuttle, the schedule for a Space Shuttle servicing mission 

23 to the Hubble Space Telescope shall be determined, unless 

24 such a mission would compromise astronaut safety. Not 

25 later than 60 days after the landing of the second Space 
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1 Shuttle mission for return-to-flight certification, the Ad2 ministrator shall transmit to the Committee on Commerce, 

3 Science, and Transportation of the Senate and the Com4 mittee on Science of the House of Representatives a status 

5 report on plans for a Hubble Space Telescope servicing 

6 mission. 

7 SEC. 204. FUTURE OF THE DEEP SPACE NETWORK. 

8 (a) IN GENERAL.—In view of the importance of the 

9 Deep Space Network to the successful conduct of inter10 planetary spacecraft missions, the Administrator shall en11 sure that the capabilities of the Deep Space Network are 

12 maintained and upgraded as appropriate. 

13 (b) REPORT.—Not later than 180 days after the date 

14 of enactment of this Act, the Administrator shall transmit 

15 a report to the Committee on Commerce, Science, and 

16 Transportation of the Senate and the Committee on 

17 Science of the House of Representatives that contains the 

18 following: 

19 (1) Projected Deep Space Network require20 ments for the next decade, including those in sup21 port of human space exploration missions. 

22 (2) Upgrades needed to support the require23 ments identified in subsection (a). 

24 (3) Cost estimates for the maintenance of exist25 ing Deep Space Network capabilities. 
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1 (4) Cost estimates and schedules for the up2 grades described in subsection (a). 

3 SEC. 205. EARTH OBSERVING SYSTEM. 

4 (a) IN GENERAL.—Not later than 6 months after the 

5 date of enactment of this Act, the Administrator, in con6 sultation with the Administrator of the National Oceanic 

7 and Atmospheric Administration and the Director of the 

8 United States Geological Survey, shall submit a plan to 

9 the Committee on Commerce, Science, and Transportation 

10 of the Senate and the Committee on Science of the House 

11 of Representatives to ensure the long-term vitality of the 

12 Earth observing system at NASA. 

13 (b) PLAN REQUIREMENTS.—The plan shall—

14 (1) address such issues as—

15 (A) out-year budgetary projections; 

16 (B) technical requirements for the system; 

17 and 

18 (C) integration into the Global Earth Ob19 serving System of Systems; and 

20 (2) evaluate—

21 (A) the need to proceed with any NASA 

22 missions that have been delayed or canceled; 

23 (B) plans for transferring needed capabili24 ties from some canceled or descoped missions to 
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1 the National Polar-Orbiting Environmental Sat2 ellite System; 

3 (C) the technical base for exploratory 

4 Earth observing systems, including new satellite 

5 architectures and instruments that enable glob6 al coverage, all-weather, day and night imaging 

7 of the Earth’s surface features; 

8 (D) the need to strengthen research and 

9 analysis programs; and 

10 (E) the need to strengthen the approach to 

11 obtaining important climate observations and 

12 data records. 

13 (c) EARTH OBSERVING SYSTEM DEFINED.—In this 

14 section, the term ‘‘Earth observing system’’ means the se15 ries of satellites, a science component, and a data system 

16 for long-term global observations of the land surface, bio17 sphere, solid Earth, atmosphere, and oceans. 

18 SEC. 206. INDEPENDENT ASSESSMENT OF LANDSAT19 NPOESS INTEGRATED MISSION. 

20 (a) ASSESSMENT.—In view of the importance of en21 suring continuity of Landsat data and in view of the chal22 lenges facing the National Polar-Orbiting Environmental 

23 Satellite System program, the Administrator shall seek an 

24 independent assessment of the costs as well as the tech25 nical, cost, and schedule risks associated with incor-
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1 porating the Landsat instrument on the first National 

2 Polar-Orbiting Environmental Satellite System spacecraft 

3 versus undertaking a dedicated Landsat data ‘‘gap-filler’’ 

4 mission followed by the incorporation of the Landsat in5 strument on the second National Polar-Orbiting Environ6 mental Satellite System spacecraft. The assessment shall 

7 also include an evaluation of the budgetary requirements 

8 of each of the options under consideration. 

9 (b) REPORT.—The Administrator shall transmit the 

10 independent assessment to the Committee on Commerce, 

11 Science, and Technology of the Senate and the Committee 

12 on Science of the House of Representatives not later than 

13 180 days after the date of enactment of this Act. 

14 SEC. 207. ASSESSMENT OF SCIENCE MISSION EXTENSIONS. 

15 (a) ASSESSMENT.—The Administrator shall carry out 

16 annual termination reviews within each of the Science dis17 ciplines to assess the cost and benefits of extending the 

18 date of the termination of data collection for those mis19 sions which are beyond their primary goals. In addition: 

20 (1) Not later than 60 days after the date of en21 actment of this Act, the Administrator shall carry 

22 out such an assessment for the following missions: 

23 FAST, TIMED, Cluster, Wind, Geotail, Polar, 

24 TRACE, Ulysses, and Voyager. 
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1 (2) For those missions that have an operational 

2 component, the National Oceanic and Atmospheric 

3 Administration shall be consulted and the potential 

4 benefits of instruments on missions which are be5 yond their primary goals taken into account. 

6 (b) REPORT.—Not later than 30 days after com7 pleting the assessments required by subsection (a)(1), the 

8 Administrator shall transmit a report on the assessment 

9 to the Committee on Commerce, Science, and Transpor10 tation of the Senate and the Committee on Science of the 

11 House of Representatives. 

12 SEC. 208. MICROGRAVITY RESEARCH. 

13 (a) IN GENERAL.—The Administrator shall—

14 (1) not later than 60 days after the date of en15 actment of this Act, provide to the Committee on 

16 Commerce, Science, and Transportation of the Sen17 ate and the Committee on Science of the House of 

18 Representatives an assessment of microgravity re19 search, including biomedical and life science re20 search, planned for implementation aboard the ISS 

21 that includes the identification of research which can 

22 be performed in ground-based facilities and then 

23 validated in space; 

24 (2) ensure the capacity to support ground-based 

25 research leading to space-based basic and applied 
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1 scientific research in a variety of disciplines with po2 tential direct national benefits and applications that 

3 can advance significantly from the uniqueness of 

4 microgravity and the space environment; 

5 (3) restore and protect potential basic, applied, 

6 and commercial ISS research activities such as mo7 lecular crystal growth, animal research, basic fluid 

8 physics, combustion research, cellular biotechnology, 

9 low temperature physics, and cellular research at a 

10 level which will sustain the existing scientific exper11 tise and research capabilities; 

12 (4) establish prioritization and research mani13 festing processes by which ISS resources will be allo14 cated to maintain a balanced research portfolio 

15 wherein fundamental and commercial research that 

16 do not directly support NASA’s human exploration 

17 program is afforded a minimum of 25 percent of 

18 ISS research resources; and 

19 (5) not later than 1 year after the date of en20 actment of this Act, develop a research plan that will 

21 demonstrate the process by which NASA will evolve 

22 the ISS research portfolio in a manner consistent 

23 with the planned growth and evolution of ISS on24 orbit capabilities and transportation capabilities to 

25 and from the ISS. 
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1 (b) MAINTENANCE OF ON-ORBIT ANALYTICAL CAPA2 BILITIES.—The Administrator shall ensure that on-orbit 

3 analytical capabilities to support diagnostic human re4 search, as well as on-orbit characterization of molecular 

5 crystal growth, cellular research, and other research prod6 ucts and results are developed and maintained, as an al7 ternative to Earth-based analysis requiring the capability 

8 of returning research products to Earth. 

9 (c) ASSESSMENT OF POTENTIAL SCIENTIFIC

10 USES.—The Administrator shall assess further potential 

11 scientific uses of the ISS for other applications, such as 

12 technology development, development of manufacturing 

13 processes, Earth observation and characterization, and as14 tronomical observations. 

15 Subtitle B—Remote Sensing 

16 SEC. 211. DEFINITIONS. 

17 In this subtitle—

18 (1) the term ‘‘geospatial information’’ means 

19 knowledge of the nature and distribution of physical 

20 and cultural features on the landscape based on 

21 analysis of data from airborne or spaceborne plat22 forms or other types and sources of data; 

23 (2) the term ‘‘high resolution’’ means resolution 

24 better than five meters; and 
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1 (3) the term ‘‘institution of higher education’’ 

2 has the meaning given that term in section 101(a) 

3 of the Higher Education Act of 1965 (20 U.S.C. 

4 1001(a)). 

5 SEC. 212. PILOT PROJECTS TO ENCOURAGE PUBLIC SEC6 TOR APPLICATIONS. 

7 (a) IN GENERAL.—The Administrator shall establish 

8 a program of grants for competitively awarded pilot 

9 projects to explore the integrated use of sources of remote 

10 sensing and other geospatial information to address State, 

11 local, regional, and tribal agency needs. 

12 (b) PREFERRED PROJECTS.—In awarding grants 

13 under this section, the Administrator shall give preference 

14 to projects that—

15 (1) make use of commercial data sets, including 

16 high resolution commercial satellite imagery and de17 rived satellite data products, existing public data 

18 sets where commercial data sets are not available or 

19 applicable, or the fusion of such data sets; 

20 (2) integrate multiple sources of geospatial in21 formation, such as geographic information system 

22 data, satellite-provided positioning data, and re23 motely sensed data, in innovative ways; 

24 (3) include funds or in-kind contributions from 

25 non-Federal sources; 
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1 (4) involve the participation of commercial enti2 ties that process raw or lightly processed data, often 

3 merging that data with other geospatial information, 

4 to create data products that have significant value 

5 added to the original data; and 

6 (5) taken together demonstrate as diverse a set 

7 of public sector applications as possible. 

8 (c) OPPORTUNITIES.—In carrying out this section, 

9 the Administrator shall seek opportunities to assist—

10 (1) in the development of commercial applica11 tions potentially available from the remote sensing 

12 industry; and 

13 (2) State, local, regional, and tribal agencies in 

14 applying remote sensing and other geospatial infor15 mation technologies for growth management. 

16 (d) DURATION.—Assistance for a pilot project under 

17 subsection (a) shall be provided for a period not to exceed 

18 3 years. 

19 (e) REPORT.—Each recipient of a grant under sub20 section (a) shall transmit a report to the Administrator 

21 on the results of the pilot project within 180 days of the 

22 completion of that project. 

23 (f) WORKSHOP.—Each recipient of a grant under 

24 subsection (a) shall, not later than 180 days after the com25 pletion of the pilot project, conduct at least one workshop 
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1 for potential users to disseminate the lessons learned from 

2 the pilot project as widely as feasible. 

3 (g) REGULATIONS.—The Administrator shall issue 

4 regulations establishing application, selection, and imple5 mentation procedures for pilot projects, and guidelines for 

6 reports and workshops required by this section. 

7 SEC. 213. PROGRAM EVALUATION. 

8 (a) ADVISORY COMMITTEE.—The Administrator 

9 shall establish an advisory committee, consisting of indi10 viduals with appropriate expertise in State, local, regional, 

11 and tribal agencies, the university research community, 

12 and the remote sensing and other geospatial information 

13 industry, to monitor the program established under sec14 tion 212. The advisory committee shall consult with the 

15 Federal Geographic Data Committee and other appro16 priate industry representatives and organizations. Not17 withstanding section 14 of the Federal Advisory Com18 mittee Act, the advisory committee established under this 

19 subsection shall remain in effect until the termination of 

20 the program under section 212. 

21 (b) EFFECTIVENESS EVALUATION.—Not later than 

22 December 31, 2009, the Administrator shall transmit to 

23 the Congress an evaluation of the effectiveness of the pro24 gram established under section 212 in exploring and pro25 moting the integrated use of sources of remote sensing 
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1 and other geospatial information to address State, local, 

2 regional, and tribal agency needs. Such evaluation shall 

3 have been conducted by an independent entity. 

4 SEC. 214. DATA AVAILABILITY. 

5 The Administrator shall ensure that the results of 

6 each of the pilot projects completed under section 212 

7 shall be retrievable through an electronic, Internet-acces8 sible database. 

9 SEC. 215. EDUCATION. 

10 The Administrator shall establish an educational out11 reach program to increase awareness at institutions of 

12 higher education and State, local, regional, and tribal 

13 agencies of the potential applications of remote sensing 

14 and other geospatial information. 

15 Subtitle C—George E. Brown, Jr. 

16 Near-Earth Object Survey 

17 SEC. 221. GEORGE E. BROWN, JR. NEAR-EARTH OBJECT 

18 SURVEY. 

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

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

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

22 findings: 

23 (1) Near-Earth objects pose a serious and cred24 ible threat to humankind, as many scientists believe 

25 that a major asteroid or comet was responsible for 
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1 the mass extinction of the majority of the Earth’s 

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

3 years ago. 

4 (2) Similar objects have struck the Earth or 

5 passed through the Earth’s atmosphere several times 

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

7 the future. 

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

9 been discovered within days of the objects’ closest 

10 approach to Earth, and recent discoveries of such 

11 large objects indicate that many large near-Earth 

12 objects remain undiscovered. 

13 (4) The efforts taken to date by NASA for de14 tecting and characterizing the hazards of near-Earth 

15 objects are not sufficient to fully determine the 

16 threat posed by such objects to cause widespread de17 struction and loss of life. 

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

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

20 a perihelion distance of less that 1.3 Astronomical Units 

21 from the Sun. 

22 (d) NEAR-EARTH OBJECT SURVEY.—

23 (1) SURVEY PROGRAM.—The Administrator 

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

25 Object Survey program to detect, track, catalogue, 
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1 and characterize the physical characteristics of near2 Earth objects equal to or greater than 100 meters 

3 in diameter in order to assess the threat of such 

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

5 of the Survey program to achieve 90 percent comple6 tion of its near-Earth object catalogue (based on sta7 tistically predicted populations of near-Earth ob8 jects) within 15 years after the date of enactment of 

9 this Act. 

10 (2) AMENDMENTS.—Section 102 of the Na11 tional Aeronautics and Space Act of 1958 (42 

12 U.S.C. 2451) is amended—

13 (A) by redesignating subsection (g) as sub14 section (h); 

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

16 following new subsection: 

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

18 and security of the United States require that the unique 

19 competence of the National Aeronautics and Space Ad20 ministration be directed to detecting, tracking, cata21 loguing, and characterizing near-Earth asteroids and com22 ets in order to provide warning and mitigation of the po23 tential hazard of such near-Earth objects to the Earth.’’; 

24 and 
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1 (C) in subsection (h), as so redesignated 

2 by subparagraph (A) of this paragraph, by 

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

4 (3) ANNUAL REPORT.—The Administrator shall 

5 transmit to the Congress, not later than February 

6 28 of each of the next 5 years beginning after the 

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

8 the following: 

9 (A) A summary of all activities taken pur10 suant to paragraph (1) for the previous fiscal 

11 year. 

12 (B) A summary of expenditures for all ac13 tivities pursuant to paragraph (1) for the pre14 vious fiscal year. 

15 (4) INITIAL REPORT.—The Administrator shall 

16 transmit to Congress not later than 1 year after the 

17 date of enactment of this Act an initial report that 

18 provides the following: 

19 (A) An analysis of possible alternatives 

20 that the the Administration may employ to 

21 carry out the Survey program, including 

22 ground-based and space-based alternatives with 

23 technical descriptions. 
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1 (B) A recommended option and proposed 

2 budget to carry out the Survey program pursu3 ant to the recommended option. 

4 (C) An analysis of possible alternatives 

5 that the Administration could employ to divert 

6 an object on a likely collision course with Earth. 

7 TITLE III—AERONAUTICS 

8 SEC. 301. DEFINITION. 

9 For purposes of this title, the term ‘‘institution of 

10 higher education’’ has the meaning given that term by sec11 tion 101 of the Higher Education Act of 1965 (20 U.S.C. 

12 1001). 

13 Subtitle A—National Policy for 

14 Aeronautics Research and De15 velopment 

16 SEC. 311. POLICY. 

17 It shall be the policy of the United States to reaffirm 

18 the National Aeronautics and Space Act of 1958 and its 

19 identification of aeronautical research and development as 

20 a core mission of NASA. Further, it shall be the policy 

21 of the United States to promote aeronautical research and 

22 development that will expand the capacity, ensure the 

23 safety, and increase the efficiency of the Nation’s air 

24 transportation system, promote the security of the Nation, 
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1 protect the environment, and retain the leadership of the 

2 United States in global aviation. 

3 Subtitle B—NASA Aeronautics 

4 Breakthrough Research Initiatives 

5 SEC. 321. ENVIRONMENTAL AIRCRAFT RESEARCH AND DE6 VELOPMENT INITIATIVE. 

7 (a) OBJECTIVE.—The Administrator shall establish 

8 an initiative with the objective of developing, and dem9 onstrating in a relevant environment, within 10 years after 

10 the date of enactment of this Act, technologies to enable 

11 the following commercial aircraft performance characteris12 tics: 

13 (1) NOISE.—Noise levels on takeoff and on air14 port approach and landing that do not exceed ambi15 ent noise levels in the absence of flight operations in 

16 the vicinity of airports from which such commercial 

17 aircraft would normally operate. 

18 (2) ENERGY CONSUMPTION.—Twenty-five per19 cent reduction in the energy required for medium to 

20 long range flights, compared to aircraft in commer21 cial service as of the date of enactment of this Act. 

22 This reduction may be achieved by a combination of 

23 improvements to—

24 (A) specific fuel consumption; 

25 (B) lift-to-drag ratio; and 
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1 (C) structural weight fraction. 

2 (3) EMISSIONS.—Nitrogen oxides on take-off 

3 and landing that are reduced by 50 percent relative 

4 to aircraft in commercial service as of the date of 

5 enactment of this Act. 

6 (b) IMPLEMENTATION.—Not later than 270 days 

7 after the date of enactment of this Act, the Administrator 

8 shall provide to Congress a plan for the implementation 

9 of the initiative described in subsection (a). Such imple10 mentation plan shall include—

11 (1) technological roadmaps for achieving each 

12 of the performance characteristics specified in sub13 section (a); 

14 (2) an estimate of the 10-year funding profile 

15 required to achieve the objective specified in sub16 section (a); 

17 (3) a plan for carrying out a formal quantifica18 tion of the estimated costs and benefits of each tech19 nological option selected for development beyond the 

20 initial concept definition phase; and 

21 (4) a plan for transferring the technologies to 

22 industry, including the identification of requirements 

23 for technology demonstrations, as appropriate. 

24 (c) STUDY.—
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1 (1) REQUIREMENT.—The Administrator shall 

2 enter into an arrangement for the National Research 

3 Council to conduct a study to identify and quantify 

4 new markets that would be created, as well as exist5 ing markets that would be expanded, by the incorpo6 ration of the technologies developed pursuant to this 

7 section into future commercial aircraft. The study 

8 shall identify whether any of the performance char9 acteristics specified in subsection (a) would need to 

10 be made more stringent in order to create new mar11 kets or expand existing markets. The National Re12 search Council shall seek input from at least the air13 craft manufacturing industry, academia, and the air14 lines in carrying out the study. 

15 (2) REPORT.—A report containing the results 

16 of the study conducted under paragraph (1) shall be 

17 provided to Congress not later than 18 months after 

18 the date of enactment of this Act. 

19 SEC. 322. CIVIL SUPERSONIC TRANSPORT RESEARCH AND 

20 DEVELOPMENT INITIATIVE. 

21 (a) OBJECTIVE.—The Administrator shall establish 

22 an initiative with the objective of developing, and dem23 onstrating in a relevant environment, within 20 years after 

24 the date of enactment of this Act, technologies to enable 
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1 overland flight of supersonic civil transport aircraft with 

2 at least the following performance characteristics: 

3 (1) Mach number of at least 1.4. 

4 (2) Range of at least 4,000 nautical miles. 

5 (3) Payload of at least 24 passengers. 

6 (4) Noise levels on takeoff and on airport ap7 proach and landing that meet community noise 

8 standards in place at airports from which such com9 mercial supersonic aircraft would normally operate 

10 at the time the aircraft would enter commercial serv11 ice. 

12 (5) Shaped sonic boom signatures sufficiently 

13 low to permit overland flight over populated areas. 

14 (6) Nitrogen oxide, carbon dioxide, and water 

15 vapor emissions consistent with regulations likely to 

16 be in effect at the time of this aircraft’s introduc17 tion. 

18 (b) IMPLEMENTATION.—Not later than 270 days 

19 after the date of enactment of this Act, the Administrator 

20 shall provide to Congress a plan for the implementation 

21 of the initiative described in subsection (a). Such imple22 mentation plan shall include—

23 (1) technological roadmaps for achieving each 

24 of the performance characteristics specified in sub25 section (a); 
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1 (2) an estimate of the 10-year funding profile 

2 required to achieve the objective specified in sub3 section (a); 

4 (3) a plan for carrying out a formal quantifica5 tion of the estimated costs and benefits of each tech6 nological option selected for development beyond the 

7 initial concept definition phase; 

8 (4) a plan for transferring the technologies to 

9 industry, including the identification of requirements 

10 for technology demonstrations, as appropriate; 

11 (5) a plan for research to quantify, within 3 

12 years after the date of enactment of this Act, the 

13 limits on sonic boom parameters, such as over14 pressure and rise time, that would be acceptable to 

15 the general public; and 

16 (6) a plan for adjusting the noise reduction re17 search and development activities as needed to ac18 commodate changes in community noise standards 

19 that may occur over the lifetime of the initiative. 

20 SEC. 323. ROTORCRAFT AND OTHER RUNWAY-INDE21 PENDENT AIR VEHICLES RESEARCH AND DE22 VELOPMENT INITIATIVE. 

23 (a) OBJECTIVE.—The Administrator shall establish a 

24 rotorcraft and other runway-independent air vehicles ini25 tiative with the objective of developing and demonstrating 
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1 in a relevant environment, within 10 years after the date 

2 of enactment of this Act, technologies to enable signifi3 cantly safer, quieter, and more environmentally compatible 

4 operation from a wider range of airports under a wider 

5 range of weather conditions than is the case for rotorcraft 

6 and other runway-independent air vehicles in service as 

7 of the date of enactment of this Act. 

8 (b) IMPLEMENTATION.—Not later than 270 days 

9 after the date of enactment of this Act, the Administrator 

10 shall provide a plan to the Congress for the implementa11 tion of the initiative described in subsection (a). The im12 plementation plan shall include—

13 (1) a set of performance characteristics, devel14 oped in consultation with the National Research 

15 Council, that shall quantify the objectives specified 

16 in subsection (a); 

17 (2) technological roadmaps for achieving each 

18 of the performance characteristics developed under 

19 paragraph (1); 

20 (3) an estimate of the 10-year funding profile 

21 required to achieve the objective specified in sub22 section (a); 

23 (4) a plan for carrying out a formal quantifica24 tion of the estimated costs and benefits of each tech-
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1 nological option selected for development beyond the 

2 initial concept definition phase; and 

3 (5) a plan for transferring the technologies to 

4 industry, including the identification of requirements 

5 for technology demonstrations, as appropriate. 

6 SEC. 324. REVIEW. 

7 The Administrator shall enter into an arrangement 

8 with the National Research Council for the review, within 

9 18 months after the date of enactment of this Act, of the 

10 adequacy of the implementation plans provided under sec11 tions 321(b), 322(b), and 323(b) to achieve the objectives 

12 described in sections 321(a), 322(a), and 323(a). In addi13 tion, the Administrator shall enter into an arrangement 

14 with the National Research Council for the review, every 

15 3 years subsequent to the initial review under this section, 

16 of NASA’s progress in achieving the objectives described 

17 in sections 321(a), 322(a), and 323(a), including rec18 ommendations for changes to NASA’s research and devel19 opment program as needed, as well as recommendations 

20 for changes to the desired performance characteristics as 

21 needed. The results of each review shall be provided to 

22 Congress within 30 days after completion of the review. 
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1 Subtitle C—Other NASA Aero2 nautics Research and Develop3 ment Activities 

4 SEC. 331. FUNDAMENTAL RESEARCH AND TECHNOLOGY 

5 BASE PROGRAM. 

6 (a) OBJECTIVE.—In order to ensure that the Nation 

7 maintains needed capabilities in fundamental areas of 

8 aeronautical research, the Administrator shall establish a 

9 program of long-term fundamental research in aero10 nautical sciences and technologies that is not tied to spe11 cific development projects. 

12 (b) ASSESSMENT.—The Administrator shall enter 

13 into an arrangement with the National Research Council 

14 for an assessment of the Nation’s future requirements for 

15 fundamental aeronautics research and whether the Nation 

16 will have a skilled research workforce and research facili17 ties commensurate with those requirements. The assess18 ment shall include an identification of any projected gaps, 

19 and recommendations for what steps should be taken by 

20 the Federal Government to eliminate those gaps. 

21 (c) REPORT.—The Administrator shall transmit the 

22 assessment, along with NASA’s response to the assess23 ment, to Congress not later than 2 years after the date 

24 of enactment of this Act. 
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1 SEC. 332. AIRSPACE SYSTEMS RESEARCH. 

2 (a) OBJECTIVE.—The Airspace Systems Research 

3 program shall pursue research and development to enable 

4 revolutionary improvements to and modernization of the 

5 National Airspace System, as well as to enable the intro6 duction of new systems for vehicles that can take advan7 tage of an improved, modern air transportation system. 

8 (b) ALIGNMENT.—Not later than 2 years after the 

9 date of enactment of this Act, the Administrator shall 

10 align the projects of the Airspace Systems Research pro11 gram so that they directly support the objectives of the 

12 Joint Planning and Development Office’s Next Generation 

13 Air Transportation System Integrated Plan. 

14 SEC. 333. AVIATION SAFETY AND SECURITY RESEARCH. 

15 (a) OBJECTIVE.—The Aviation Safety and Security 

16 Research program shall pursue research and development 

17 activities that directly address the safety and security 

18 needs of the National Airspace System and the aircraft 

19 that fly in it. The program shall develop prevention, inter20 vention, and mitigation technologies aimed at causal, con21 tributory, or circumstantial factors of aviation accidents. 

22 (b) PLAN.—Not later than 1 year after the date of 

23 enactment of this Act, the Administrator shall transmit 

24 to Congress a 5-year prioritized plan for the research to 

25 be conducted within the Aviation Safety and Security Re26 search program. The plan shall be aligned with the objec-
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1 tives of the Joint Planning and Development Office’s Next 

2 Generation Air Transportation System Integrated Plan. 

3 SEC. 334. ZERO-EMISSIONS AIRCRAFT RESEARCH. 

4 (a) OBJECTIVE.—The Administrator shall establish a 

5 zero-emissions aircraft research program whose objective 

6 shall be to develop and test concepts to enable a hydrogen 

7 fuel cell-powered aircraft that would have no hydrocarbon 

8 or nitrogen oxide emissions into the environment. 

9 (b) APPROACH.—The Administrator shall establish a 

10 program of competitively awarded grants available to 

11 teams of researchers that may include the participation 

12 of individuals from universities, industry, and government 

13 for the conduct of this research. 

14 SEC. 335. MARS AIRCRAFT RESEARCH. 

15 (a) OBJECTIVE.—The Administrator shall establish a 

16 Mars Aircraft project whose objective shall be to develop 

17 and test concepts for an uncrewed aircraft that could oper18 ate for sustained periods in the atmosphere of Mars. 

19 (b) APPROACH.—The Administrator shall establish a 

20 program of competitively awarded grants available to 

21 teams of researchers that may include the participation 

22 of individuals from universities, industry, and government 

23 for the conduct of this research. 
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1 SEC. 336. HYPERSONICS RESEARCH. 

2 (a) OBJECTIVE.—The Administrator shall establish a 

3 hypersonics research program whose objective shall be to 

4 explore the science and technology of hypersonic flight 

5 using air-breathing propulsion concepts, through a mix of 

6 theoretical work, basic and applied research, and develop7 ment of flight research demonstration vehicles. 

8 (b) PLAN.—Not later than 1 year after the date of 

9 enactment of this Act, the Administrator shall develop a 

10 10-year hypersonics research plan and shall have that plan 

11 reviewed by the National Research Council. The results 

12 of that review shall be provided to Congress. 

13 SEC. 337. NASA AERONAUTICS SCHOLARSHIPS. 

14 (a) ESTABLISHMENT.—The Administrator shall es15 tablish a program of scholarships for full-time graduate 

16 students who are United States citizens and are enrolled 

17 in, or have been accepted by and have indicated their in18 tention to enroll in, accredited Masters degree programs 

19 in aeronautical engineering at institutions of higher edu20 cation. Each such scholarship shall cover the costs of 

21 room, board, tuition, and fees, and may be provided for 

22 a maximum of 2 years. 

23 (b) IMPLEMENTATION.—Not later than 180 days 

24 after the date of enactment of this Act, the Administrator 

25 shall publish regulations governing the scholarship pro26 gram under this section. 
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1 (c) COOPERATIVE TRAINING OPPORTUNITIES.—Stu2 dents who have been awarded a scholarship under this sec3 tion shall have the opportunity for paid employment at 

4 one of the NASA Centers engaged in aeronautics research 

5 and development during the summer prior to the first year 

6 of the student’s Masters program, and between the first 

7 and second year, if applicable. 

8 SEC. 338. AVIATION WEATHER RESEARCH. 

9 The Administrator shall carry out a program of col10 laborative research with the National Oceanic and Atmos11 pheric Administration on convective weather events, with 

12 the goal of significantly improving the reliability of 2-hour 

13 to 6-hour aviation weather forecasts. 

14 SEC. 339. ASSESSMENT OF WAKE TURBULENCE RESEARCH 

15 AND DEVELOPMENT PROGRAM. 

16 (a) ASSESSMENT.—The Administrator shall enter 

17 into an arrangement with the National Research Council 

18 for an assessment of Federal wake turbulence research 

19 and development programs. The assessment shall address 

20 at least the following questions: 

21 (1) Are the Federal research and development 

22 goals and objectives well defined? 

23 (2) Are there any deficiencies in the Federal re24 search and development goals and objectives? 
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1 (3) What roles should be played by each of the 

2 relevant Federal agencies, such as NASA, the Fed3 eral Aviation Administration, and the National Oce4 anic and Atmospheric Administration, in wake tur5 bulence research and development? 

6 (b) REPORT.—A report containing the results of the 

7 assessment conducted pursuant to subsection (a) shall be 

8 provided to Congress not later than 1 year after the date 

9 of enactment of this Act. 

10 SEC. 340. UNIVERSITY-BASED CENTERS FOR RESEARCH ON 

11 AVIATION TRAINING. 

12 (a) IN GENERAL.—The Administrator shall award 

13 grants to institutions of higher education (or consortia 

14 thereof) to establish one or more Centers for Research on 

15 Aviation Training under cooperative agreements with ap16 propriate NASA Centers. 

17 (b) PURPOSE.—The purpose of the Centers shall be 

18 to investigate the impact of new technologies and proce19 dures, particularly those related to the aircraft flight deck 

20 and to the air traffic management functions, on training 

21 requirements for pilots and air traffic controllers. 

22 (c) APPLICATION.—An institution of higher edu23 cation (or a consortium of such institutions) seeking fund24 ing under this section shall submit an application to the 

25 Administrator at such time, in such manner, and con-
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1 taining such information as the Administrator may re2 quire, including, at a minimum, a 5-year research plan. 

3 (d) AWARD DURATION.—An award made by the Ad4 ministrator under this section shall be for a period of 5 

5 years and may be renewed on the basis of—

6 (1) satisfactory performance in meeting the 

7 goals of the research plan proposed by the Center in 

8 its application under subsection (c); and 

9 (2) other requirements as specified by the Ad10 ministrator. 

11 TITLE IV—HUMAN SPACE 

12 FLIGHT 

13 SEC. 401. INTERNATIONAL SPACE STATION COMPLETION. 

14 (a) ELEMENTS, CAPABILITIES, AND CONFIGURATION

15 CRITERIA.—The Administrator shall ensure that the ISS 

16 will be able to—

17 (1) fulfill international partner agreements and 

18 provide a diverse range of research capacity, includ19 ing a high rate of human biomedical research proto20 cols, countermeasures for the effects of microgravity, 

21 applied biotechnologies, technology and exploration 

22 research, commercial research, fundamental re23 search, and other priority areas; 

24 (2) have a life sciences centrifuge and associ25 ated holding facilities; 
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1 (3) have an ability to support crew size of at 

2 least 6 persons; 

3 (4) support crew exploration vehicle docking 

4 and automated docking of cargo vehicles or modules 

5 launched by either heavy-lift or commercially-devel6 oped launch vehicles; and 

7 (5) be operated at an appropriate risk level. 

8 (b) CONTINGENCY PLAN.—The transportation plan 

9 to support ISS shall include contingency options to ensure 

10 sufficient logistics and on-orbit capabilities to support any 

11 potential period during which the Space Shuttle or its fol12 low-on crew and cargo systems is unavailable, and provide 

13 sufficient prepositioning of spares and other supplies need14 ed to accommodate any such hiatus. 

15 (c) CERTIFICATION.—Not later than 60 days after 

16 the date of enactment of this Act, and before making any 

17 change in the ISS assembly sequence in effect on the date 

18 of enactment of this Act, the Administrator shall certify 

19 in writing to the Committee on Commerce, Science, and 

20 Transportation of the Senate and the Committee on 

21 Science of the House of Representatives NASA’s plan to 

22 meet the requirements of subsections (a) and (b). 

23 SEC. 402. USE OF THE INTERNATIONAL SPACE STATION 

24 AND ANNUAL REPORT. 

25 (a) POLICY.—It is the policy of the United States—
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1 (1) to ensure diverse and growing utilization of 

2 benefits from the ISS; and 

3 (2) to increase commercial utilization and oper4 ations in low-Earth orbit and beyond that are sup5 ported by national and commercial space transpor6 tation capabilities. 

7 (b) USE OF INTERNATIONAL SPACE STATION.—The 

8 Administrator shall conduct broadly focused scientific and 

9 exploration research and development activities using the 

10 ISS in a manner consistent with the provisions of this 

11 title, and advance the Nation’s exploration of the Moon 

12 and beyond, using the ISS as a test-bed and outpost for 

13 operations, engineering, and scientific research. 

14 (c) REPORTS.—Not later than March 31 of each year 

15 the Administrator shall transmit a report to the Com16 mittee on Commerce, Science, and Transportation of the 

17 Senate and the Committee on Science of the House of 

18 Representatives on the use of the ISS as provided in sub19 section (b), with implementation milestones and associated 

20 results. 

21 SEC. 403. INTERNATIONAL SPACE STATION COST CAP. 

22 Section 202 of the National Aeronautics and Space 

23 Administration Authorization Act of 2000 (42 U.S.C. 

24 2451 note) is repealed. 
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1 SEC. 404. SPACE SHUTTLE TRANSITION. 

2 (a) IN GENERAL.—The Administrator is strongly en3 couraged to pursue the goal of retiring the Space Shuttle 

4 in 2010 and initiating flight operations of the Crew Explo5 ration Vehicle. However, in view of the detrimental effects 

6 of a gap in human access to space by the United States, 

7 the Administrator may not retire all of the Space Shuttle 

8 orbiters until a replacement human-rated spacecraft sys9 tem that can take humans into Earth orbit and return 

10 them safely has entered operational service, unless the Ad11 ministrator determines that the Space Shuttle is unsafe 

12 for continued flight operations. 

13 (b) REPORT.—The Administrator shall transmit a re14 port to the Committee on Commerce, Science, and Trans15 portation of the Senate and the Committee on Science of 

16 the House of Representatives containing a detailed and 

17 comprehensive Space Shuttle transition plan that includes 

18 any necessary recertification, including requirements, as19 sumptions, and milestones, in order to utilize the Space 

20 Shuttle orbiter beyond calendar year 2010. 

21 (c) CONTRACT TERMINATIONS; VENDOR REPLACE22 MENTS.—The Administrator may not terminate any con23 tracts nor replace any vendors associated with the Space 

24 Shuttle until 120 days after the Administrator has trans25 mitted the report required by subsection (b). 
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1 SEC. 405. HUMAN EXPLORATION PRIORITIES. 

2 (a) IN GENERAL.—In view of the limited resources 

3 likely to be available for human exploration over the re4 mainder of the decade, the Administrator shall—

5 (1) construct an architecture and implementa6 tion plan for NASA’s human exploration program 

7 that is not critically dependent on the achievement 

8 of milestones by fixed dates; and 

9 (2) determine the relative priority of each of the 

10 potential elements of NASA’s implementation plan 

11 for its human exploration program in case funding 

12 shortfalls or cost growth necessitate the adjustment 

13 of NASA’s implementation plan. 

14 (b) PRIORITIES.—Development of a Crew Explo15 ration Vehicle with a robust crew escape system, develop16 ment of a launch system for the Crew Exploration Vehicle, 

17 and definition of an overall architecture and prioritized 

18 implementation plan shall be the highest priorities of the 

19 human exploration program over the period governed by 

20 this Act. 

21 (c) REPORT.—Not later than 180 days after the date 

22 of enactment of this Act, the Administrator shall transmit 

23 to the Committee on Commerce, Science, and Transpor24 tation of the Senate and the Committee on Science of the 

25 House of Representatives—
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1 (1) an exploration architecture and prioritized 

2 implementation plan and schedule for NASA’s 

3 human exploration program; 

4 (2) the requirements, cost estimates, and sched5 ules for the Crew Exploration Vehicle and its associ6 ated launch vehicle; and 

7 (3) cost estimates for each of the elements of 

8 the prioritized implementation plan and sensitivity 

9 analyses of the cost impacts of schedule adjust10 ments. 

11 SEC. 406. DEVELOPMENT OF EXPANDED PERMANENT 

12 HUMAN PRESENCE BEYOND LOW-EARTH 

13 ORBIT. 

14 (a) IN GENERAL.—As part of the programs author15 ized under the National Aeronautics and Space Act of 

16 1958 (42 U.S.C. 2451 et seq.), the Administrator shall 

17 establish a program with the goal of developing a perma18 nently sustained human presence on the Moon, in tandem 

19 with an extensive precursor program, to support scientific 

20 pursuits, and as a stepping-stone to future exploration of 

21 Mars. The Administrator is further authorized to develop 

22 and conduct commercial and international collaborations 

23 in pursuit of these goals, as appropriate. 

24 (b) REQUIREMENTS.—In carrying out this section, 

25 the Administrator shall—
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1 (1) implement an effective exploration tech2 nology program that is focused around the key needs 

3 to support lunar human and robotic operations, in4 cluding—

5 (A) not later than 180 days after the date 

6 of enactment of this Act, providing to the Com7 mittee on Science of the House of Representa8 tives and the Committee on Commerce, Science, 

9 and Transportation of the Senate an Explo10 ration Critical Technologies List that will in11 clude those technology areas identified to re12 quire significant advancements in order for 

13 NASA to achieve the Exploration Vision as ar14 ticulated by the President and contained in 

15 NASA’s Strategic Plan for Lunar and Mars ex16 ploration; and 

17 (B) to ensure that the capabilities inherent 

18 within the United States research universities 

19 and United States nonaerospace industries are 

20 actively sought and stimulated in support of ex21 ploration, not later than 180 days after the 

22 date of enactment of this Act, submitting to the 

23 Committee on Science of the House of Rep24 resentatives and the Committee on Commerce, 

25 Science, and Transportation of the Senate a 
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1 plan for establishing a program of university 

2 led university and industry partnerships in each 

3 of the areas identified in the Exploration Crit4 ical Technologies List provided under subpara5 graph (A); 

6 (2) as part of NASA’s annual budget submis7 sion, submit to the Congress the detailed mission, 

8 schedule, and budget for key lunar mission-enabling 

9 technology areas, including areas for possible innova10 tive governmental and commercial activities and 

11 partnerships; 

12 (3) as part of NASA’s annual budget submis13 sion, submit to the Congress a plan for NASA’s 

14 lunar robotic precursor and technology programs, in15 cluding current and planned technology investments 

16 and scientific research that support the lunar pro17 gram; and 

18 (4) conduct an intensive in-situ resource utiliza19 tion technology program in order to develop the ca20 pability to use space resources to increase independ21 ence from Earth, and sustain exploration beyond 

22 low-Earth orbit. 
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1 SEC. 407. GROUND-BASED EXPLORATION ANALOG CAPA2 BILITIES. 

3 (a) IN GENERAL.—The Administrator shall evaluate 

4 the costs and benefits of establishing ground-based analog 

5 capabilities in United States locations and elsewhere in the 

6 world in order to assist in the development of technologies 

7 and operational techniques for lunar operations, life sup8 port, and in-situ resource utilization experience and capa9 bilities. 

10 (b) LOCATIONS.—If the Administrator determines 

11 that the establishment of ground-based analog capabilities 

12 will help advance the United States human exploration 

13 program, the Administrator shall determine which loca14 tions would offer the most promise for the establishment 

15 of such ground-based exploration analogs. 

16 (c) INVOLVEMENT OF LOCAL POPULATIONS; PRI17 VATE SECTOR PARTNERS.—In carrying out this section, 

18 the Administrator shall involve local populations, aca19 demia, and industrial partners as much as possible to en20 sure that ground-based benefits and applications are en21 couraged and developed. 

22 SEC. 408. GAO ASSESSMENT OF FEASIBILITY OF MOON AND 

23 MARS EXPLORATION MISSIONS. 

24 Not later than 9 months after the date of enactment 

25 of this Act, the Comptroller General shall transmit to the 

26 Committee on Commerce, Science, and Transportation of 
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1 the Senate and the Committee on Science of the House 

2 of Representatives an assessment of the feasibility of 

3 NASA’s planning for exploration of the Moon and Mars, 

4 giving special consideration to the long-term cost implica5 tions of program architecture and schedules. 

6 SEC. 409. UNITED STATES HUMAN-RATED LAUNCH CAPAC7 ITY ASSESSMENT. 

8 Notwithstanding any other provision of law, the Ad9 ministrator shall, not later than 60 days after the date 

10 of enactment of this Act, provide to the Committee on 

11 Commerce, Science, and Transportation of the Senate and 

12 the Committee on Science of the House of Representa13 tives, a full description of the transportation requirements 

14 and systems needed to support human lunar missions, as 

15 well as for the ISS, including—

16 (1) a retention plan of skilled personnel from 

17 the legacy Shuttle program which will sustain the 

18 level of safety for that program through the final 

19 flight and a transition plan that will ensure that any 

20 NASA programs can utilize the human capital re21 sources of the Shuttle program, to the maximum ex22 tent practicable; 

23 (2) the implications for and impact on the Na24 tion’s aerospace industrial base; 
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1 (3) the manner in which the proposed vehicles 

2 contribute to a national mixed fleet launch and flight 

3 capacity; 

4 (4) support for ISS crew transportation, ISS 

5 utilization, and lunar exploration architecture; 

6 (5) for any human rated vehicle, a crew escape 

7 system, as well as substantial protection against or8 bital debris strikes that offers a high level of safety; 

9 (6) development risk areas; 

10 (7) the schedule and cost; 

11 (8) the relationship between crew and cargo ca12 pabilities; and 

13 (9) the potential risk reduction from the use of 

14 qualified hardware. 

15 TITLE V—OTHER PROGRAM 

16 AREAS 

17 Subtitle A—Space and Flight 

18 Support 

19 SEC. 501. SPACE COMMUNICATIONS STUDY. 

20 (a) STUDY.—The Administrator shall develop a plan 

21 for updating NASA’s space communications architecture 

22 for both low-Earth orbital operations and deep space ex23 ploration so that it is capable of meeting NASA’s needs 

24 over the next 20 years. The plan shall also include life25 cycle cost estimates, milestones, estimated performance 
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1 capabilities, and 5-year funding profiles. The plan shall 

2 also incorporate all appropriate findings of the Deep Space 

3 Network report required under section 204 of this Act. 

4 The plan shall also include an estimate of the amounts 

5 of any reimbursements NASA is likely to receive from 

6 other Federal agencies during the expected life of the up7 grades described in the plan. 

8 (b) CONSULTATIONS.—The Administrator shall con9 sult with other relevant Federal agencies in developing the 

10 plan under this section. 

11 (c) REPORT.—The Administrator shall transmit the 

12 plan under this section to the Committee on Commerce, 

13 Science, and Transportation of the Senate and the Com14 mittee on Science of the House of Representatives not 

15 later than February 17, 2007. 

16 SEC. 502. ORBITAL DEBRIS. 

17 The Administrator, in conjunction with the heads of 

18 other Federal agencies, shall take steps to develop or ac19 quire technologies that will enable NASA to decrease the 

20 risks associated with orbital debris. 

21 SEC. 503. SECONDARY PAYLOAD CAPABILITY. 

22 In order to help develop a cadre of experienced engi23 neers and to provide more routine and affordable access 

24 to space, the Administrator shall provide the capabilities 

25 to support secondary payloads on United States launch 
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1 vehicles, including free flyers, for satellites or scientific 

2 payloads weighing less than 500 kilograms. 

3 SEC. 504. NASA HEALTHCARE PROGRAM. 

4 The Administrator shall develop policies, procedures, 

5 and plans necessary for—

6 (1) the establishment of a lifetime healthcare 

7 program for NASA astronauts; and 

8 (2) the study and analysis of the healthcare 

9 data obtained in order to better understand the 

10 long-term health effects of space flight on humans. 

11 Subtitle B—Education 

12 SEC. 511. INSTITUTIONS IN NASA’S MINORITY INSTITU13 TIONS PROGRAM. 

14 The matter appearing under the heading ‘‘NA15 TIONAL AERONAUTICS AND SPACE ADMINISTRA16 TION—SMALL AND DISADVANTAGED BUSINESS’’ in title 

17 III of the Departments of Veterans Affairs and Housing 

18 and Urban Development, and Independent Agencies Ap19 propriations Act, 1990 (42 U.S.C. 2473b; 103 Stat. 863) 

20 is amended by striking ‘‘Historically Black Colleges and 

21 Universities and’’ and inserting ‘‘Historically Black Col22 leges and Universities that are part B institutions (as de23 fined in section 322(2) of the Higher Education Act of 

24 1965 (20 U.S.C. 1061(2))), Hispanic-serving institutions 

25 (as defined in section 502(a)(5) of that Act (20 U.S.C. 
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1 1101a(a)(5))), Tribal Colleges or Universities (as defined 

2 in section 316(b)(3) of that Act (20 U.S.C. 1059c(b)(3))), 

3 Alaskan Native-serving institutions (as defined in section 

4 317(b)(2) of that Act (20 U.S.C. 1059d)(b)(2))), Native 

5 Hawaiian-serving institutions (as defined in section 

6 317(b)(4) of that Act (20 U.S.C. 1059d(b)(4))), and’’. 

7 SEC. 512. PROGRAM TO EXPAND DISTANCE LEARNING IN 

8 RURAL UNDERSERVED AREAS. 

9 (a) IN GENERAL.—The Administrator shall develop 

10 or expand programs to extend science and space edu11 cational outreach to rural communities and schools 

12 through video conferencing, interpretive exhibits, teacher 

13 education, classroom presentations, and student field 

14 trips. 

15 (b) PRIORITIES.—In carrying out subsection (a), the 

16 Administrator shall give priority to existing programs, in17 cluding Challenger Learning Centers—

18 (1) that utilize community-based partnerships 

19 in the field; 

20 (2) that build and maintain video conference 

21 and exhibit capacity; 

22 (3) that travel directly to rural communities 

23 and serve low-income populations; and 
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1 (4) with a special emphasis on increasing the 

2 number of women and minorities in the science and 

3 engineering professions. 

4 SEC. 513. CHARLES ‘‘PETE’’ CONRAD ASTRONOMY AWARDS. 

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

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

7 (b) DEFINITIONS.—For the purposes of this sec8 tion—

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

10 individual whose employer does not provide any 

11 funding, payment, or compensation to the individual 

12 for the observation of asteroids and other celestial 

13 bodies, and does not include any individual employed 

14 as a professional astronomer; 

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

16 Minor Planet Center of the Smithsonian Astro17 physical Observatory; 

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

19 asteroid with a perihelion distance of less than 1.3 

20 Astronomical Units from the Sun; and 

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

22 ‘‘Pete’’ Conrad Astronomy Awards Program estab23 lished under subsection (c). 

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

3 Awards Program. 

4 (2) AWARDS.—The Administrator shall make 

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

7 (3) AWARD CATEGORIES.—The Administrator 

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

10 following categories: 

11 (A) The amateur astronomer or group of 

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

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

16 amateur astronomers or groups of amateur as17 tronomers. 

18 (B) The amateur astronomer or group of 

19 amateur astronomers who made the greatest 

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

22 the preceding year. 

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

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

2 a citizen or permanent resident of the United States 

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

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

7 SEC. 514. REVIEW OF EDUCATION PROGRAMS. 

8 (a) IN GENERAL.—The Administrator shall enter 

9 into an arrangement with the National Research Council 

10 of the National Academy of Sciences to conduct a review 

11 and evaluation of NASA’s science, technology, engineer12 ing, and mathematics education program. The review and 

13 evaluation shall be documented in a report to the Adminis14 trator and shall include such recommendations as the Na15 tional Research Council determines will improve the effec16 tiveness of the program. 

17 (b) REVIEW.—The review and evaluation under sub18 section (a) shall include—

19 (1) an evaluation of the effectiveness of the 

20 overall program in meeting its defined goals and ob21 jectives; 

22 (2) an assessment of the quality and edu23 cational effectiveness of the major components of the 

24 program, including an evaluation of the adequacy of 

25 assessment metrics and data collection requirements 
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1 available for determining the effectiveness of indi2 vidual projects; 

3 (3) an evaluation of the funding priorities in 

4 the program, including a review of the funding level 

5 and funding trend for each major component of the 

6 program and an assessment of whether the resources 

7 made available are consistent with meeting identified 

8 goals and priorities; and 

9 (4) a determination of the extent and the effec10 tiveness of coordination and collaboration between 

11 NASA and other Federal agencies that sponsor 

12 science, technology, engineering, and mathematics 

13 education activities. 

14 (c) REPORT TO CONGRESS.—Not later than 18 

15 months after the date of enactment of this Act, the Ad16 ministrator shall transmit to the Committee on Commerce, 

17 Science, and Transportation of the Senate and the Com18 mittee on Science of the House of Representatives the re19 port required under subsection (a). 

20 SEC. 515. EQUAL ACCESS TO NASA’S EDUCATION PRO21 GRAMS. 

22 The Administrator shall strive to ensure equal access 

23 for minority and economically disadvantaged students to 

24 NASA’s Education programs. Not later than 1 year after 

25 the date of enactment of this Act, and every 2 years there-
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1 after, the Administrator shall submit a report to the Com2 mittee on Commerce, Science, and Transportation of the 

3 Senate and the Committee on Science of the House of 

4 Representatives describing the efforts by the Adminis5 trator to ensure equal access for minority and economi6 cally disadvantaged students under this section, and the 

7 results of such efforts. 

8 TITLE VI—COMMERCIALIZATION 

9 SEC. 601. COMPETITIVE PRIZE PROGRAM TO ENCOURAGE 

10 DEVELOPMENT OF ADVANCED SPACE AND 

11 AERONAUTICAL TECHNOLOGIES. 

12 Title III of the National Aeronautics and Space Act 

13 of 1958 (42 U.S.C. 2451 et seq.) is amended by inserting 

14 after section 313 the following: 

15 ‘‘SEC. 314. COMPETITIVE AWARD OF PRIZES TO ENCOUR16 AGE DEVELOPMENT OF ADVANCED SPACE 

17 AND AERONAUTICAL TECHNOLOGIES. 

18 ‘‘(a) PROGRAM AUTHORIZED.—

19 ‘‘(1) IN GENERAL.—The Administrator may 

20 carry out a program to award prizes to stimulate in21 novation in basic and applied research, technology 

22 development, and prototype demonstration that have 

23 the potential for application to the performance of 

24 the space and aeronautical activities of the Adminis25 tration. 
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1 ‘‘(2) USE OF PRIZE AUTHORITY.—In carrying 

2 out the program, the Administrator shall seek to de3 velop and support technologies and areas that the 

4 Administrator determines to be providing impetus to 

5 the Administration’s overall exploration and science 

6 architecture and plans and, where practicable, utilize 

7 the prize winner’s technologies in fulfilling the Ad8 ministration’s missions. 

9 ‘‘(b) PROGRAM REQUIREMENTS.—

10 ‘‘(1) COMPETITIVE PROCESS.—Recipients of 

11 prizes under the program under this section shall be 

12 selected through one or more competitions conducted 

13 by the Administrator. 

14 ‘‘(2) ADVERTISING.—The Administrator shall 

15 widely advertise any competitions conducted under 

16 the program and shall include advertising to re17 search universities. 

18 ‘‘(c) REGISTRATION; ASSUMPTION OF RISK.—

19 ‘‘(1) REGISTRATION.—Each potential recipient 

20 of a prize in a competition under the program under 

21 this section shall register for the competition. 

22 ‘‘(2) ASSUMPTION OF RISK.—In registering for 

23 a competition under paragraph (1), a potential re24 cipient of a prize shall assume any and all risks, and 

25 waive claims against the United States Government 
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1 and its related entities, for any injury, death, dam2 age, or loss of property, revenue, or profits, whether 

3 direct, indirect, or consequential, arising from par4 ticipation in the competition, whether such injury, 

5 death, damage, or loss arises through negligence or 

6 otherwise, except in the case of willful misconduct. 

7 ‘‘(3) RELATED ENTITY DEFINED.—In this sub8 section, the term ‘related entity’ means a contractor 

9 or subcontractor at any tier, a supplier, user, cus10 tomer, cooperating party, grantee, investigator, or 

11 detailee. 

12 ‘‘(4) INTELLECTUAL PROPERTY.—As a condi13 tion for the awarding of the prize by the Adminis14 trator, the recipient of the prize shall award a non15 exclusive, nontransferable, paid-up license from the 

16 prize recipient to NASA to practice the invention or 

17 have the invention practiced throughout out the 

18 world by or on behalf of the Government. In the ex19 ercise of such license, the Government shall not pub20 licly disclose trade secrets or commercial or financial 

21 information that is privileged or confidential within 

22 the meaning of section 552 (b)(4) of title 5, United 

23 States Code. 

24 ‘‘(d) LIMITATIONS.—
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1 ‘‘(1) TOTAL AMOUNT.—The total amount of 

2 cash prizes available for award in competitions 

3 under the program under this section in any fiscal 

4 year may not exceed $50,000,000. Funds for a given 

5 prize program shall be taken from the specific budg6 etary account specified in section 101, 102, or 103 

7 that is intended to benefit from the successful con8 clusion of the competition. 

9 ‘‘(2) APPROVAL REQUIRED FOR LARGE

10 PRIZES.—No competition under the program may 

11 result in the award of more than $1,000,000 in cash 

12 prizes without the approval of the Administrator or 

13 a designee of the Administrator. 

14 ‘‘(e) RELATIONSHIP TO OTHER AUTHORITY.—The 

15 Administrator may utilize the authority in this section in 

16 conjunction with or in addition to the utilization of any 

17 other authority of the Administrator to acquire, support, 

18 or stimulate basic and applied research, technology devel19 opment, or prototype demonstration projects. 

20 ‘‘(f) AVAILABILITY OF FUNDS.—Funds appropriated 

21 for the program authorized by this section shall remain 

22 available until expended.’’. 
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1 SEC. 602. COMMERCIAL SUPPORT OF INTERNATIONAL 

2 SPACE STATION OPERATIONS AND UTILIZA3 TION. 

4 The Administrator shall purchase commercial serv5 ices for support of the ISS for cargo and other needs, and 

6 for enhancement of the capabilities of the ISS, to the max7 imum extent possible, in accordance with Federal procure8 ment law. 

9 SEC. 603. COMMERCIALIZATION PLAN. 

10 (a) IN GENERAL.—The Administrator, in consulta11 tion with the Associate Administrator for Space Transpor12 tation of the Federal Aviation Administration, the Direc13 tor of the Office of Space Commercialization of the De14 partment of Commerce, and any other relevant agencies, 

15 shall develop a commercialization plan to support the 

16 human missions to the Moon and Mars, to support Low17 Earth Orbit activities and Earth science missions and ap18 plications, and to transfer science research and technology 

19 to society. The plan shall identify opportunities for the pri20 vate sector to participate in the future missions and activi21 ties, including opportunities for partnership between 

22 NASA and the private sector in conducting research and 

23 the development of technologies and services. The plan 

24 shall include provisions for developing and funding sus25 tained university and industry partnerships to conduct 

26 commercial research and technology development, to 
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1 proactively translate results of space research to Earth 

2 benefits, to advance United States economic interests, and 

3 to support the vision for exploration. 

4 (b) REPORT.—Not later than 180 days after the date 

5 of enactment of this Act, the Administrator shall submit 

6 a copy of the plan to the Committee on Commerce, 

7 Science, and Transportation of the Senate and the Com8 mittee on Science of the House of Representatives. 

9 SEC. 604. COMMERCIAL GOODS AND SERVICES. 

10 It is the sense of the Congress that NASA should 

11 purchase commercially available space goods and services 

12 to the fullest extent feasible in support of the human mis13 sions beyond Earth and should encourage commercial use 

14 and development of space to the greatest extent prac15 ticable. 

16 TITLE VII—WORKFORCE AND 

17 FACILITIES 

18 SEC. 701. WORKFORCE STRATEGY. 

19 (a) IN GENERAL.—The Administrator shall develop 

20 a human capital strategy to ensure that NASA has a 

21 workforce of the appropriate size and with the appropriate 

22 skills to carry out the programs of NASA, consistent with 

23 the policies and plans developed pursuant to this Act. The 

24 strategy shall cover the period through fiscal year 2011. 
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1 (b) CONTENT.—The strategy shall describe, at a min2 imum—

3 (1) any categories of employees NASA intends 

4 to reduce, the expected size and timing of those re5 ductions, the methods NASA intends to use to make 

6 the reductions, and the reasons NASA no longer 

7 needs those employees; 

8 (2) any categories of employees NASA intends 

9 to increase, the expected size and timing of those in10 creases, the methods NASA intends to use to recruit 

11 the additional employees, and the reasons NASA 

12 needs those employees; 

13 (3) the steps NASA will use to retain needed 

14 employees; and 

15 (4) the budget assumptions of the strategy, and 

16 any expected additional costs or savings from the 

17 strategy by fiscal year. 

18 (c) SCHEDULE.—The Administrator shall transmit 

19 the strategy developed under this section to the Committee 

20 on Science of the House of Representatives and the Com21 mittee on Commerce, Science, and Transportation of the 

22 Senate not later than the date on which the President sub23 mits the proposed budget for the Federal Government for 

24 fiscal year 2007 to the Congress. The strategy should em25 phasize voluntary methods for achieving workforce goals. 
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1 At least 60 days before transmitting the strategy, NASA 

2 shall provide a draft of this strategy to its Federal Em3 ployee Unions for a 30-day consultation period after which 

4 NASA shall respond in writing to any written concerns 

5 provided by these Unions. 

6 (d) LIMITATION.—To allow time for voluntary meth7 ods to achieve human capital goals, NASA may not ini8 tiate any Reduction in Force or involuntary separations, 

9 with the exception of involuntary separations of manage10 ment or supervisory personnel or for legitimate discipli11 nary reasons, until October 1, 2006. 

12 SEC. 702. FACILITIES PLAN. 

13 (a) IN GENERAL.—The Administrator shall develop 

14 a plan for managing NASA’s facilities through fiscal year 

15 2015. The plan shall be consistent with the policies and 

16 plans developed pursuant to this Act. 

17 (b) CONTENT.—At a minimum, the plan shall de18 scribe—

19 (1) any new facilities NASA intends to acquire, 

20 whether through construction, purchase, or lease, 

21 and the expected dates for doing so; 

22 (2) any facilities NASA intends to significantly 

23 modify, and the expected dates for doing so; 

24 (3) any facilities NASA intends to close, and 

25 the expected dates for doing so; 
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1 (4) any transaction NASA intends to conduct 

2 to sell, lease, or otherwise transfer the ownership of 

3 a facility, and the expected dates for doing so; 

4 (5) how each of the actions described in para5 graphs (1), (2), (3), and (4) will enhance the ability 

6 of NASA to carry out its programs; 

7 (6) the expected costs or savings expected from 

8 each of the actions described in paragraphs (1), (2), 

9 (3), and (4); 

10 (7) the priority order of the actions described in 

11 paragraphs (1), (2), (3), and (4); 

12 (8) the budget assumptions of the plan; and 

13 (9) how facilities were evaluated in developing 

14 the plan. 

15 (c) SCHEDULE.—The Administrator shall transmit 

16 the plan developed under this section to the Committee 

17 on Science of the House of Representatives and the Com18 mittee on Commerce, Science, and Transportation of the 

19 Senate not later than the date on which the President sub20 mits the proposed budget for the Federal Government for 

21 fiscal year 2008 to the Congress. 

22 SEC. 703. NASA TEST FACILITIES POLICY. 

23 The Administrator shall establish a policy of charging 

24 users of NASA’s test facilities for the costs associated with 

25 their tests, but shall not seek to recover the full costs of 
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1 the operation of those facilities from the users. The Ad2 ministrator shall establish a core funding account that 

3 shall be used to maintain the operation and viability of 

4 NASA’s test facilities during periods of low utilization. 

5 The Administrator shall not close or mothball any aero6 nautical test facilities identified in the 2003 independent 

7 assessment by the RAND Corporation, entitled ‘‘Wind 

8 Tunnel and Propulsion Test Facilities: An Assessment of 

9 NASA’s Capabilities to Serve National Needs’’ as being 

10 part of the minimum set of those facilities necessary to 

11 retain and manage to serve national needs, as well as any 

12 other NASA test facilities that were in use as of January 

13 1, 2004, until such time as the Office of Science and Tech14 nology Policy has commissioned and received the results 

15 of an independent review of the Nation’s long term stra16 tegic needs for test facilities and transmitted the results 

17 of that review to Congress. 

18 SEC. 704. STUDY ON THE FEASIBILITY OF USE OF GROUND 

19 SOURCE HEAT PUMPS. 

20 (a) IN GENERAL.—The Administrator shall conduct 

21 a feasibility study on the use of ground source heat pumps 

22 in future NASA facilities or substantial renovation of ex23 isting NASA facilities involving the installation of heating, 

24 ventilating, and air conditioning systems. 

25 (b) CONTENTS.—The study shall examine—
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1 (1) the life-cycle costs, including maintenance 

2 costs, of the operation of such heat pumps compared 

3 to generally available heating, cooling, and water 

4 heating equipment; 

5 (2) barriers to installation, such as availability 

6 and suitability of terrain; and 

7 (3) such other issues as the Administrator con8 siders appropriate. 

9 (c) DEFINITION.—The term ‘‘ground source heat 

10 pump’’ means an electric-powered system that uses the 

11 Earth’s relatively constant temperature to provide heat12 ing, cooling, or hot water. 

13 SEC. 705. FACILITIES MANAGEMENT. 

14 (a) IN GENERAL.—Notwithstanding any other provi15 sion of law, the Administrator may convey, by lease, real 

16 and related personal property under the custody and con17 trol of NASA, or interests therein, and retain the net pro18 ceeds of such dispositions in an account within NASA’s 

19 working capital fund to be used for NASA’s real property 

20 capital needs at the NASA facility at which the leasing 

21 arrangement occurs. All net proceeds realized under this 

22 section shall be obligated or expended only as authorized 

23 by appropriations Acts. To aid in the use of this authority, 

24 NASA shall develop a facilities investment plan that takes 
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1 into account uniqueness, mission dependency, and other 

2 studies required by this Act. 

3 (b) DEFINITIONS.—In this section: 

4 (1) NET PROCEEDS.—The term ‘‘net proceeds’’ 

5 means the rental and other sums received less the 

6 costs of the disposition. 

7 (2) REAL PROPERTY CAPITAL NEEDS.—The 

8 term ‘‘real property capital needs’’ means any ex9 penses necessary and incident to the agency’s real 

10 property capital acquisitions, improvements, and dis11 positions. 

12 TITLE VIII—MISCELLANEOUS 

13 AMENDMENTS 

14 SEC. 801. RETROCESSION OF JURISDICTION. 

15 Title III of the National Aeronautics and Space Act 

16 of 1958, as amended by this Act, is further amended by 

17 adding at the end the following: 

18 ‘‘SEC. 316. RETROCESSION OF JURISDICTION. 

19 ‘‘Notwithstanding any other provision of law, the Ad20 ministrator may, whenever the Administrator considers it 

21 desirable, relinquish to a State all or part of the legislative 

22 jurisdiction of the United States over lands or interests 

23 under the Administrator’s control in that State. Relin24 quishment of legislative jurisdiction under this section 

25 may be accomplished—
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1 ‘‘(1) by filing with the Governor of the State 

2 concerned a notice of relinquishment to take effect 

3 upon acceptance thereof; or 

4 ‘‘(2) as the laws of the State may otherwise 

5 provide.’’. 

6 SEC. 802. EXTENSION OF INDEMNIFICATION AUTHORITY. 

7 Section 309(f)(1) of the National Aeronautics and 

8 Space Act of 1958 (42 U.S.C. 2458c(f)(1)) is amended—

9 (1) by striking ‘‘December 31, 2002’’ and in10 serting ‘‘December 31, 2007’’; and 

11 (2) by striking ‘‘September 30, 2005’’ and in12 serting ‘‘December 31, 2009’’. 

13 SEC. 803. INTELLECTUAL PROPERTY PROVISIONS. 

14 Section 305 of the National Aeronautics and Space 

15 Act of 1958 (42 U.S.C. 2457) is amended by inserting 

16 after subsection (f) the following: 

17 ‘‘(g) ASSIGNMENT OF PATENT RIGHTS, ETC.—

18 ‘‘(1) IN GENERAL.—Under agreements entered 

19 into pursuant to paragraph (5) or (6) of section 

20 203(c) of this Act (42 U.S.C. 2473(c)(5) or (6)), the 

21 Administrator may—

22 ‘‘(A) grant, or agree to grant in advance to 

23 a participating party, patent licenses or assign24 ments, or options thereto, in any invention 
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1 made in whole or in part by an Administration 

2 employee under the agreement; or 

3 ‘‘(B) subject to section 209 of title 35, 

4 United States Code, grant a license to an inven5 tion which is federally owned, for which a pat6 ent application was filed before the signing of 

7 the agreement, and directly within the scope of 

8 the work under the agreement, for reasonable 

9 compensation when appropriate. 

10 ‘‘(2) EXCLUSIVITY.—The Administrator shall 

11 ensure, through such agreement, that the partici12 pating party has the option to choose an exclusive 

13 license for a prenegotiated field of use for any such 

14 invention under the agreement or, if there is more 

15 than 1 participating party, that the participating 

16 parties are offered the option to hold licensing rights 

17 that collectively encompass the rights that would be 

18 held under such an exclusive license by one party. 

19 ‘‘(3) CONDITIONS.—In consideration for the 

20 Government’s contribution under the agreement, 

21 grants under this subsection shall be subject to the 

22 following explicit conditions: 

23 ‘‘(A) A nonexclusive, nontransferable, ir24 revocable, paid-up license from the participating 

25 party to the Administration to practice the in-
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1 vention or have the invention practiced through 

2 out the world by or on behalf of the Govern3 ment. In the exercise of such license, the Gov4 ernment shall not publicly disclose trade secrets 

5 or commercial or financial information that is 

6 privileged or confidential within the meaning of 

7 section 552 (b)(4) of title 5, United States 

8 Code, or which would be considered as such if 

9 it had been obtained from a non-Federal party. 

10 ‘‘(B) If the Administration assigns title or 

11 grants an exclusive license to such an invention, 

12 the Government shall retain the right—

13 ‘‘(i) to require the participating party 

14 to grant to a responsible applicant a non15 exclusive, partially exclusive, or exclusive 

16 license to use the invention in the appli17 cant’s licensed field of use, on terms that 

18 are reasonable under the circumstances; or 

19 ‘‘(ii) if the participating party fails to 

20 grant such a license, to grant the license 

21 itself. 

22 ‘‘(C) The Government may exercise its 

23 right retained under subparagraph (B) only in 

24 exceptional circumstances and only if the Gov25 ernment determines that—
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1 ‘‘(i) the action is necessary to meet 

2 health or safety needs that are not reason3 ably satisfied by the participating party; 

4 ‘‘(ii) the action is necessary to meet 

5 requirements for public use specified by 

6 Federal regulations, and such requirements 

7 are not reasonably satisfied by the partici8 pating party; or 

9 ‘‘(iii) the action is necessary to comply 

10 with an agreement containing provisions 

11 described in section 12(c)(4)(B) of the Ste12 venson-Wydler Technology Innovation Act 

13 of 1980 (15 U.S.C. 3710a(c)(4)(B)). 

14 ‘‘(4) APPEAL AND REVIEW OF DETERMINA15 TION.—A determination under paragraph (3)(C) is 

16 subject to administrative appeal and judicial review 

17 under section 203(b) of title 35, United States 

18 Code.’’. 

19 SEC. 804. ELECTRONIC ACCESS TO BUSINESS OPPORTUNI20 TIES. 

21 Title III of the National Aeronautics and Space Act 

22 of 1958, as amended by this Act, is further amended by 

23 adding at the end the following: 
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1 ‘‘SEC. 317. ELECTRONIC ACCESS TO BUSINESS OPPORTUNI2 TIES. 

3 ‘‘(a) IN GENERAL.—The Administrator may imple4 ment a pilot program providing for reduction in the wait5 ing period between publication of notice of a proposed con6 tract action and release of the solicitation for procure7 ments conducted by the Administration. 

8 ‘‘(b) APPLICABILITY.—The program implemented 

9 under subsection (a) shall apply to noncommercial acquisi10 tions—

11 ‘‘(1) with a total value in excess of $100,000 

12 but not more than $5,000,000, including options; 

13 ‘‘(2) that do not involve bundling of contract re14 quirements as defined in section 3(o) of the Small 

15 Business Act (15 U.S.C. 632(o)); and 

16 ‘‘(3) for which a notice is required by section 

17 8(e) of the Small Business Act (15 U.S.C. 637(e)) 

18 and section 18(a) of the Office of Federal Procure19 ment Policy Act (41 U.S.C. 416(a)). 

20 ‘‘(c) NOTICE.—

21 ‘‘(1) ACCESSIBILITY.—Notice of acquisitions 

22 subject to the program authorized by this section 

23 shall be made accessible through the single Govern24 ment-wide point of entry designated in the Federal 

25 Acquisition Regulation, consistent with section 
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1 30(c)(4) of the Office of Federal Procurement Policy 

2 Act (41 U.S.C. 426(c)(4)). 

3 ‘‘(2) PUBLICATION REQUIREMENTS.—Providing 

4 access to notice in accordance with paragraph (1) 

5 satisfies the publication requirements of section 8(e) 

6 of the Small Business Act (15 U.S.C. 637(e)) and 

7 section 18(a) of the Office of Federal Procurement 

8 Policy Act (41 U.S.C. 416(a)). 

9 ‘‘(d) SOLICITATION.—Solicitations subject to the pro10 gram authorized by this section shall be made accessible 

11 through the Governmentwide point of entry, consistent 

12 with requirements set forth in the Federal Acquisition 

13 Regulation, except for adjustments to the wait periods as 

14 provided in subsection (e). 

15 ‘‘(e) WAIT PERIOD.—

16 ‘‘(1) REDUCTION.—Whenever a notice required 

17 by section 8(e)(1)(A) of the Small Business Act (15 

18 U.S.C. 637(e)(1)(A)) and section 18(a) of the Office 

19 of Federal Procurement Policy Act (41 U.S.C. 

20 416(a)) is made accessible in accordance with sub21 section (c) of this section, the wait period set forth 

22 in section 8(e)(3)(A) of the Small Business Act (15 

23 U.S.C. 637(e)(3)(A)) and section 18(a)(3)(A) of the 

24 Office of Federal Procurement Policy Act (41 U.S.C. 

25 416(a)(3)(A)), shall be reduced by 5 days. If the so-
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1 licitation applying to that notice is accessible elec2 tronically in accordance with subsection (d) simulta3 neously with issuance of the notice, the wait period 

4 set forth in section 8(e)(3)(A) of the Small Business 

5 Act (15 U.S.C. 637(e)(3)(A)) and section 

6 18(a)(3)(A) of the Office of Federal Procurement 

7 Policy Act (41 U.S.C. 416(a)(3)(A)) shall not apply 

8 and the period specified in section 8(e)(3)(B) of the 

9 Small Business Act and section 18(a)(3)(B) of the 

10 Office of Federal Procurement Policy Act for sub11 mission of bids or proposals shall begin to run from 

12 the date the solicitation is electronically accessible. 

13 ‘‘(2) DEADLINE.—When a notice and solicita14 tion are made accessible simultaneously and the wait 

15 period is waived pursuant to paragraph (1), the 

16 deadline for the submission of bids or proposals shall 

17 be not less than 5 days greater than the minimum 

18 deadline set forth in section 8(e)(3)(B) of the Small 

19 Business Act (15 U.S.C. 637(e)(3)(B)) and section 

20 18(a)(3)(B) of the Office of Federal Procurement 

21 Policy Act (41 U.S.C. 416(a)(3)(B)). 

22 ‘‘(f) IMPLEMENTATION.—

23 ‘‘(1) MODIFICATION OF REQUIREMENTS.—

24 Nothing in this section shall be construed as modi-
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1 fying regulatory requirements set forth in the Fed2 eral Acquisition Regulation, except with respect to—

3 ‘‘(A) the applicable wait period between 

4 publication of notice of a proposed contract ac5 tion and release of the solicitation; and 

6 ‘‘(B) the deadline for submission of bids or 

7 proposals for procurements conducted in ac8 cordance with the terms of this pilot program. 

9 ‘‘(2) NONAPPLICABILITY.—This section shall 

10 not apply to the extent the President determines it 

11 is inconsistent with any international agreement to 

12 which the United States is a party. 

13 ‘‘(g) STUDY.—Not later than 18 months after the ef14 fective date of the program, the Administration, in coordi15 nation with the Small Business Administration, the Gen16 eral Services Administration, and the Office of Manage17 ment and Budget, shall evaluate the impact of the pilot 

18 program and submit to Congress a report that—

19 ‘‘(1) sets forth in detail the results of the test, 

20 including the impact on competition and small busi21 ness participation; and 

22 ‘‘(2) addresses whether the pilot program 

23 should be made permanent, continued as a test pro24 gram, or allowed to expire. 
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1 ‘‘(h) REGULATIONS.—The Administrator shall pub2 lish proposed revisions to the NASA Federal Acquisition 

3 Regulation Supplement necessary to implement this sec4 tion in the Federal Register not later than 120 days after 

5 the date of enactment of the National Aeronautics and 

6 Space Administration Authorization Act of 2005. The Ad7 ministrator shall—

8 ‘‘(1) make the proposed regulations available 

9 for public comment for a period of not less than 60 

10 days; and 

11 ‘‘(2) publish final regulations in the Federal 

12 Register not later than 240 days after the date of 

13 enactment of that Act. 

14 ‘‘(i) EFFECTIVE DATE.—

15 ‘‘(1) IN GENERAL.—The pilot program author16 ized by this section shall take effect on the date 

17 specified in the final regulations promulgated pursu18 ant to subsection (h)(2). 

19 ‘‘(2) LIMITATION.—The date so specified shall 

20 be not less than 30 days after the date on which the 

21 final regulation is published. 

22 ‘‘(j) EXPIRATION OF AUTHORITY.—The authority to 

23 conduct the pilot program under subsection (a) and to 

24 award contracts under such program shall expire 2 years 

25 after the effective date established in the final regulations 
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1 published in the Federal Register under subsection 

2 (h)(2).’’. 

3 SEC. 805. REQUIREMENT FOR INDEPENDENT COST ANAL4 YSIS. 

5 Section 301 of the National Aeronautics and Space 

6 Administration Authorization Act of 2000 (42 U.S.C. 

7 2459g) is amended—

8 (1) by striking ‘‘Phase B’’ in subsection (a) and 

9 inserting ‘‘implementation’’; 

10 (2) by striking ‘‘$150,000,000’’ in subsection 

11 (a) and inserting ‘‘$250,000,000’’; 

12 (3) by striking ‘‘Chief Financial Officer’’ each 

13 place it appears in subsection (a) and inserting ‘‘Ad14 ministrator’’; 

15 (4) by inserting ‘‘and consider’’ in subsection 

16 (a) after ‘‘shall conduct’’; and 

17 (5) by striking subsection (b) and inserting the 

18 following: 

19 ‘‘(b) IMPLEMENTATION DEFINED.—In this section, 

20 the term ‘implementation’ means all activity in the life 

21 cycle of a project after preliminary design, independent as22 sessment of the preliminary design, and approval to pro23 ceed into implementation, including critical design, devel24 opment, certification, launch, operations, disposal of as-
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1 sets, and, for technology programs, development, testing, 

2 analysis and communication of the results.’’. 

3 SEC. 806. LIMITATIONS ON OFF-SHORE PERFORMANCE OF 

4 CONTRACTS FOR THE PROCUREMENT OF 

5 GOODS AND SERVICES. 

6 (a) CONVERSIONS TO CONTRACTOR PERFORMANCE

7 OF ADMINISTRATION ACTIVITIES.—Except as provided in 

8 subsection (c), an activity or function of the Administra9 tion that is converted to contractor performance under Of10 fice of Management and Budget Circular A–76 may not 

11 be performed by the contractor or any subcontractor at 

12 a location outside the United States. 

13 (b) CONTRACTS FOR THE PROCUREMENT OF SERV14 ICES.—(1) Except as provided in subsection (c), a contract 

15 for the procurement of goods or services that is entered 

16 into by the Administrator may not be performed outside 

17 the United States unless it is to meet a requirement of 

18 the Administration for goods or services specifically at a 

19 location outside the United States. 

20 (2) The President may waive the prohibition in para21 graph (1) in the case of any contract for which the Presi22 dent determines in writing that it is necessary in the na23 tional security interests of the United States for goods or 

24 services under the contract to be performed outside the 

25 United States. 
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1 (3) The Administrator may waive the prohibition in 

2 paragraph (1) in the case of any contract for which the 

3 Administrator determines in writing that essential goods 

4 or services under the contract are only available from a 

5 source outside the United States. 

6 (c) EXCEPTION.—Subsections (a) and (b)(1) shall 

7 not apply to the extent that the activity or function under 

8 the contract was previously performed by Federal Govern9 ment employees outside the United States. 

10 TITLE IX—INDEPENDENT 

11 COMMISSIONS 

12 SEC. 901. DEFINITIONS. 

13 For purposes of this title—

14 (1) the term ‘‘Commission’’ means a Commis15 sion established under this title; 

16 (2) the term ‘‘incident’’ means either an acci17 dent or a deliberate act; and 

18 (3) the term ‘‘NTSB’’ means the National 

19 Transportation Safety Board. 

20 Subtitle A—International Space 

21 Station Independent Safety 

22 Commission 

23 SEC. 911. ESTABLISHMENT OF COMMISSION. 

24 (a) ESTABLISHMENT.—The President shall establish 

25 an independent, nonpartisan Commission within the exec-
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1 utive branch to discover and assess any vulnerabilities of 

2 the International Space Station that could lead to its de3 struction, compromise the health of its crew, or necessitate 

4 its premature abandonment. 

5 (b) DEADLINE FOR ESTABLISHMENT.—The Presi6 dent shall issue an executive order establishing a Commis7 sion within 30 days after the date of enactment of this 

8 Act. 

9 SEC. 912. TASKS OF THE COMMISSION. 

10 The Commission established under section 911 shall, 

11 to the extent possible, undertake the following tasks: 

12 (1) Catalog threats to and vulnerabilities of the 

13 ISS, including design flaws, natural phenomena, 

14 computer software or hardware flaws, sabotage or 

15 terrorist attack, number of crewmembers, and inabil16 ity to adequately deliver replacement parts and sup17 plies, and management or procedural deficiencies. 

18 (2) Make recommendations for corrective ac19 tions. 

20 (3) Provide any additional findings or rec21 ommendations considered by the Commission to be 

22 important, whether or not they are related to ISS 

23 safety. 

24 (4) Prepare a report to Congress, the Presi25 dent, and the public. 
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1 Subtitle B—Human Space Flight 

2 Independent Investigation Com3 mission 

4 SEC. 921. ESTABLISHMENT OF COMMISSION. 

5 (a) ESTABLISHMENT.—The President shall establish 

6 an independent, nonpartisan Commission within the exec7 utive branch to investigate any incident that results in the 

8 loss of—

9 (1) a Space Shuttle; 

10 (2) the International Space Station or its oper11 ational viability; 

12 (3) any other United States space vehicle car13 rying humans; 

14 (4) any space vehicle carrying United States 

15 citizens; or 

16 (5) a crew member or passenger of any space 

17 vehicle described in this subsection. 

18 (b) DEADLINE FOR ESTABLISHMENT.—The Presi19 dent shall issue an executive order establishing a Commis20 sion within 7 days after an incident specified in subsection 

21 (a). 

22 SEC. 922. TASKS OF THE COMMISSION. 

23 A Commission established pursuant to this subtitle 

24 shall, to the extent possible, undertake the following tasks: 

25 (1) Investigate the incident. 
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1 (2) Determine the cause of the incident. 

2 (3) Identify all contributing factors to the cause 

3 of the incident. 

4 (4) Make recommendations for corrective ac5 tions. 

6 (5) Provide any additional findings or rec7 ommendations deemed by the Commission to be im8 portant, whether or not they are related to the spe9 cific incident under investigation. 

10 (6) Prepare a report to Congress, the Presi11 dent, and the public. 

12 SEC. 923. ROLE OF NTSB. 

13 The NTSB shall assume responsibility for the inves14 tigation of any incident described in section 921(a) imme15 diately upon the occurrence of that incident. The NTSB 

16 shall transfer responsibility for the investigation to a Com17 mission established pursuant to this subtitle as soon as 

18 the Commission holds its initial meeting under section 

19 931(d). 

20 Subtitle C—Organization and 

21 Operation of Commissions 

22 SEC. 931. COMPOSITION OF COMMISSIONS. 

23 (a) NUMBER OF COMMISSIONERS.—A Commission 

24 established pursuant to this title shall consist of 15 mem25 bers. 
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1 (b) SELECTION.—The members of a Commission 

2 shall be chosen in the following manner: 

3 (1) The Chairman of the NTSB shall be a 

4 member of the Commission. 

5 (2) The President shall appoint the remaining 

6 14 members, and shall designate the Chairman and 

7 Vice Chairman of the Commission from among its 

8 members. 

9 (3) Four of the 14 members appointed by the 

10 President shall be selected by the President in the 

11 following manner: 

12 (A) The majority leader of the Senate, the 

13 minority leader of the Senate, the Speaker of 

14 the House of Representatives, and the minority 

15 leader of the House of Representatives shall 

16 each provide to the President a list of can17 didates for membership on the Commission. 

18 (B) The President shall select one of the 

19 candidates from each of the 4 lists for member20 ship on the Commission. 

21 (4) In the case of a Commission established 

22 under subtitle A, the President shall select one can23 didate from a list of candidates for membership on 

24 the Commission provided by the President of the col-
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1 lective-bargaining organization including the largest 

2 member of NASA engineers. 

3 (5) With the exception of the Chairman of the 

4 NTSB, no officer or employee of the Federal Gov5 ernment shall serve as a member of the Commission. 

6 (6) No member of the Commission shall have, 

7 or have pending, a contractual relationship with 

8 NASA. 

9 (7) The President shall not appoint any indi10 vidual as a member of a Commission under this sec11 tion who has a current or former relationship with 

12 the Administrator that the President determines 

13 would constitute a conflict of interest. 

14 (8) To the extent practicable, the President 

15 shall ensure that the members of the Commission in16 clude some individuals with experience relative to 

17 human carrying spacecraft, as well as some individ18 uals with investigative experience and some individ19 uals with legal experience. 

20 (9) To the extent practicable, the President 

21 shall seek diversity in the membership of the Com22 mission. 

23 (10) The President may waive the prohibitions 

24 in paragraphs (5) and (6) with respect to the selec-
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1 tion of not more than 2 members of a Commission 

2 established under subtitle A. 

3 (c) DEADLINE FOR APPOINTMENT.—All members of 

4 a Commission established under subtitle A shall be ap5 pointed no later than 60 days after issuance of the execu6 tive order establishing the Commission. All members of a 

7 Commission established under subtitle B shall be ap8 pointed no later than 30 days after the incident. 

9 (d) INITIAL MEETING.—A Commission shall meet 

10 and begin operations as soon as practicable. 

11 (e) QUORUM; VACANCIES.—After its initial meeting, 

12 a Commission shall meet upon the call of the Chairman 

13 or a majority of its members. Eight members of a Com14 mission shall constitute a quorum. Any vacancy in a Com15 mission shall not affect its powers, but shall be filled in 

16 the same manner in which the original appointment was 

17 made. 

18 SEC. 932. POWERS OF COMMISSION. 

19 (a) IN GENERAL.—

20 (1) HEARINGS AND EVIDENCE.—A Commission 

21 or, on the authority of the Commission, any sub22 committee or member thereof, may, for the purpose 

23 of carrying out this title—
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1 (A) hold such hearings and sit and act at 

2 such times and places, take such testimony, re3 ceive such evidence, administer such oaths; and 

4 (B) subject to paragraph (2)(A), require, 

5 by subpoena or otherwise, the attendance and 

6 testimony of such witnesses and the production 

7 of such books, records, correspondence, memo8 randa, papers, and documents, 

9 as the Commission or such designated subcommittee 

10 or designated member may determine advisable. 

11 (2) SUBPOENAS.—

12 (A) ISSUANCE.—

13 (i) IN GENERAL.—A subpoena may be 

14 issued under this subsection only—

15 (I) by the agreement of the 

16 Chairman and the Vice Chairman; or 

17 (II) by the affirmative vote of 8 

18 members of the Commission. 

19 (ii) SIGNATURE.—Subject to clause 

20 (i), subpoenas issued under this subsection 

21 may be issued under the signature of the 

22 Chairman or any member designated by a 

23 majority of the Commission, and may be 

24 served by any person designated by the 
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1 Chairman or by a member designated by a 

2 majority of the Commission. 

3 (B) ENFORCEMENT.—

4 (i) IN GENERAL.—In the case of con5 tumacy or failure to obey a subpoena 

6 issued under subsection (a), the United 

7 States district court for the judicial district 

8 in which the subpoenaed person resides, is 

9 served, or may be found, or where the sub10 poena is returnable, may issue an order re11 quiring such person to appear at any des12 ignated place to testify or to produce docu13 mentary or other evidence. Any failure to 

14 obey the order of the court may be pun15 ished by the court as a contempt of that 

16 court. 

17 (ii) ADDITIONAL ENFORCEMENT.—In 

18 the case of a failure of a witness to comply 

19 with a subpoena or to testify when sum20 moned under authority of this section, a 

21 Commission may, by majority vote, certify 

22 a statement of fact constituting such fail23 ure to the appropriate United States attor24 ney, who may bring the matter before the 

25 grand jury for its action, under the same 
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1 statutory authority and procedures as if 

2 the United States attorney had received a 

3 certification under sections 102 through 

4 104 of the Revised Statutes of the United 

5 States (2 U.S.C. 192 through 194). 

6 (b) CONTRACTING.—A Commission may, to such ex7 tent and in such amounts as are provided in appropriation 

8 Acts, enter into contracts to enable the Commission to dis9 charge its duties under this title. 

10 (c) INFORMATION FROM FEDERAL AGENCIES.—

11 (1) IN GENERAL.—A Commission may secure 

12 directly from any executive department, bureau, 

13 agency, board, commission, office, independent es14 tablishment, or instrumentality of the Government, 

15 information, suggestions, estimates, and statistics 

16 for the purposes of this title. Each department, bu17 reau, agency, board, commission, office, independent 

18 establishment, or instrumentality shall, to the extent 

19 authorized by law, furnish such information, sugges20 tions, estimates, and statistics directly to the Com21 mission, upon request made by the Chairman, the 

22 chairman of any subcommittee created by a majority 

23 of the Commission, or any member designated by a 

24 majority of the Commission. 
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1 (2) RECEIPT, HANDLING, STORAGE, AND DIS2 SEMINATION.—Information shall only be received, 

3 handled, stored, and disseminated by members of 

4 the Commission and its staff consistent with all ap5 plicable statutes, regulations, and Executive orders. 

6 (d) ASSISTANCE FROM FEDERAL AGENCIES.—

7 (1) GENERAL SERVICES ADMINISTRATION.—

8 The Administrator of General Services shall provide 

9 to a Commission on a reimbursable basis adminis10 trative support and other services for the perform11 ance of the Commission’s tasks. 

12 (2) OTHER DEPARTMENTS AND AGENCIES.—In 

13 addition to the assistance prescribed in paragraph 

14 (1), departments and agencies of the United States 

15 may provide to the Commission such services, funds, 

16 facilities, staff, and other support services as they 

17 may determine advisable and as may be authorized 

18 by law. 

19 (3) NASA ENGINEERING AND SAFETY CEN20 TER.—The NASA Engineering and Safety Center 

21 shall provide data and technical support as re22 quested by a Commission. 

23 (e) POSTAL SERVICES.—A Commission may use the 

24 United States mails in the same manner and under the 
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1 same conditions as departments and agencies of the 

2 United States. 

3 SEC. 933. PUBLIC MEETINGS, INFORMATION, AND HEAR4 INGS. 

5 (a) PUBLIC MEETINGS AND RELEASE OF PUBLIC

6 VERSIONS OF REPORTS.—A Commission shall—

7 (1) hold public hearings and meetings to the ex8 tent appropriate; and 

9 (2) release public versions of the reports re10 quired under this Act. 

11 (b) PUBLIC HEARINGS.—Any public hearings of a 

12 Commission shall be conducted in a manner consistent 

13 with the protection of information provided to or developed 

14 for or by the Commission as required by any applicable 

15 statute, regulation, or Executive order. 

16 SEC. 934. STAFF OF COMMISSION. 

17 (a) IN GENERAL.—

18 (1) APPOINTMENT AND COMPENSATION.—The 

19 Chairman, in consultation with Vice Chairman, in 

20 accordance with rules agreed upon by a Commission, 

21 may appoint and fix the compensation of a staff di22 rector and such other personnel as may be necessary 

23 to enable the Commission to carry out its functions, 

24 without regard to the provisions of title 5, United 

25 States Code, governing appointments in the competi-
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1 tive service, and without regard to the provisions of 

2 chapter 51 and subchapter III of chapter 53 of such 

3 title relating to classification and General Schedule 

4 pay rates, except that no rate of pay fixed under this 

5 paragraph may exceed the equivalent of that payable 

6 for a position at level V of the Executive Schedule 

7 under section 5316 of title 5, United States Code. 

8 Employees of NASA shall not be appointed to the 

9 staff of a Commission. 

10 (2) PERSONNEL AS FEDERAL EMPLOYEES.—

11 (A) IN GENERAL.—The executive director 

12 and any personnel of a Commission shall be 

13 considered employees under section 2105 of 

14 title 5, United States Code, for purposes of 

15 chapters 63, 81, 83, 84, 85, 87, 89, and 90 of 

16 that title. 

17 (B) MEMBERS OF COMMISSION.—Subpara18 graph (A) does not apply to members of a Com19 mission. 

20 (b) DETAILEES.—Any Federal Government em21 ployee, except for an employee of NASA, may be detailed 

22 to a Commission without reimbursement from the Com23 mission, and such detailee shall retain the rights, status, 

24 and privileges of his or her regular employment without 

25 interruption. 
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1 (c) CONSULTANT SERVICES.—A Commission may 

2 procure the services of experts and consultants in accord3 ance with section 3109 of title 5, United States Code, but 

4 at rates not to exceed the daily rate paid a person occu5 pying a position at level IV of the Executive Schedule 

6 under section 5315 of title 5, United States Code. Any 

7 consultant or expert whose services are procured under 

8 this subsection shall disclose any contract or association 

9 it has with NASA or any NASA contractor. 

10 SEC. 935. COMPENSATION AND TRAVEL EXPENSES. 

11 (a) COMPENSATION.—Each member of a Commission 

12 may be compensated at not to exceed the daily equivalent 

13 of the annual rate of basic pay in effect for a position 

14 at level IV of the Executive Schedule under section 5315 

15 of title 5, United States Code, for each day during which 

16 that member is engaged in the actual performance of the 

17 duties of the Commission. 

18 (b) TRAVEL EXPENSES.—While away from their 

19 homes or regular places of business in the performance 

20 of services for the Commission, members of a Commission 

21 shall be allowed travel expenses, including per diem in lieu 

22 of subsistence, in the same manner as persons employed 

23 intermittently in the Government service are allowed ex24 penses under section 5703(b) of title 5, United States 

25 Code. 
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1 SEC. 936. SECURITY CLEARANCES FOR COMMISSION MEM2 BERS AND STAFF. 

3 The appropriate Federal agencies or departments 

4 shall cooperate with a Commission in expeditiously pro5 viding to the Commission members and staff appropriate 

6 security clearances to the extent possible pursuant to ex7 isting procedures and requirements. No person shall be 

8 provided with access to classified information under this 

9 title without the appropriate security clearances. 

10 SEC. 937. REPORTING REQUIREMENTS AND TERMINATION. 

11 (a) INTERIM REPORTS.—A Commission may submit 

12 to the President and Congress interim reports containing 

13 such findings, conclusions, and recommendations for cor14 rective actions as have been agreed to by a majority of 

15 Commission members. 

16 (b) FINAL REPORT.—A Commission shall submit to 

17 the President and Congress, and make concurrently avail18 able to the public, a final report containing such findings, 

19 conclusions, and recommendations for corrective actions 

20 as have been agreed to by a majority of Commission mem21 bers. Such report shall include any minority views or opin22 ions not reflected in the majority report. 

23 (c) TERMINATION.—

24 (1) IN GENERAL.—A Commission, and all the 

25 authorities of this title with respect to that Commis-
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1 sion, shall terminate 60 days after the date on which 

2 the final report is submitted under subsection (b). 

3 (2) ADMINISTRATIVE ACTIVITIES BEFORE TER4 MINATION.—A Commission may use the 60-day pe5 riod referred to in paragraph (1) for the purpose of 

6 concluding its activities, including providing testi7 mony to committees of Congress concerning its re8 ports and disseminating the final report.

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