49–006 

109TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 109–354 

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 

AUTHORIZATION ACT OF 2005 

DECEMBER 16, 2005.—Ordered to be printed 

Mr. BOEHLERT, from the Committee on Conference, 

submitted the following 

CONFERENCE REPORT 

[To accompany S. 1281] 

The Committee of conference on the disagreeing votes of the 

two Houses on the amendment of the House to the bill (S. 1281), 

to authorize appropriations for the National Aeronautics and Space 

Administration for science, aeronautics, exploration, exploration capabilities, and the Inspector General, and for other purposes, for 

fiscal years 2006, 2007, 2008, 2009, and 2010, having met, after 

full and free conference, have agreed to recommend and do recommend to their respective Houses as follows: 

That the Senate recede from its disagreement to the amendment of the House to the text of the bill and agree to the same with 

an amendment as follows: 

In lieu of the matter proposed to be inserted by the House 

amendment, insert the following: 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘National Aeronautics and Space Administration Authorization Act of 2005’’. 

(b) TABLE OF CONTENTS.—The table of contents for this Act is 

as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—GENERAL PRINCIPLES AND REPORTS 

Sec. 101. Responsibilities, policies, and plans. 

Sec. 102. Reports. 

Sec. 103. Baselines and cost controls. 

Sec. 104. Prize authority. 

Sec. 105. Foreign launch vehicles. 

Sec. 106. Safety management. 

Sec. 107. Lessons learned and best practices. 

Sec. 108. Commercialization plan. 

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

Sec. 110. Whistleblower protection. 

TITLE II—AUTHORIZATION OF APPROPRIATIONS 

Sec. 201. Structure of budget accounts. 

Sec. 202. Fiscal year 2007. 

Sec. 203. Fiscal year 2008. 

Sec. 204. ISS research. 

Sec. 205. Test facilities. 

Sec. 206. Official representation fund. 

Sec. 207. ISS cost cap. 

TITLE III—SCIENCE 

Subtitle A—General Provisions 

Sec. 301. Performance assessments. 

Sec. 302. Status on Hubble Space Telescope servicing mission. 

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

Sec. 304. Assessment of science mission extensions. 

Sec. 305. Microgravity research. 

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

Sec. 307. Review and report on Headquarters Earth-Sun System Applied Sciences 

Program. 

Subtitle B—Remote Sensing 

Sec. 311. Definitions. 

Sec. 312. General responsibilities. 

Sec. 313. Pilot projects to encourage public sector applications. 

Sec. 314. Program evaluation. 

Sec. 315. Data availability. 

Sec. 316. Education. 

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

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

TITLE IV—AERONAUTICS 

Sec. 401. Definition. 

Subtitle A—Governmental Interest in Aeronautics Research and Development 

Sec. 411. Governmental interest. 

Subtitle B—High Priority Aeronautics Research and Development Programs 

Sec. 421. Fundamental research program. 

Sec. 422. Research and technology programs. 

Sec. 423. Airspace systems research. 

Sec. 424. Aviation safety and security research. 

Sec. 425. Aviation weather research. 

Sec. 426. Assessment of wake turbulence research and development program. 

Sec. 427. University-based Centers for Research on Aviation Training. 

Subtitle C—Scholarships 

Sec. 431. NASA aeronautics scholarships. 

Subtitle D—Data Requests 

Sec. 441. Aviation data requests. 

TITLE V—HUMAN SPACE FLIGHT 

Sec. 501. Space Shuttle follow-on. 

Sec. 502. Transition. 

Sec. 503. Requirements. 

Sec. 504. Ground-based analog capabilities. 

Sec. 505. ISS completion. 

Sec. 506. ISS research. 

Sec. 507. National laboratory designation. 

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TITLE VI—OTHER PROGRAM AREAS 

Subtitle A—Space and Flight Support 

Sec. 601. Orbital debris. 

Sec. 602. Secondary payload capability. 

Subtitle B—Education 

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

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

Sec. 613. Charles ‘‘Pete’’ Conrad Astronomy awards. 

Sec. 614. Review of education programs. 

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

Sec. 616. Museums. 

Sec. 617. Review of MUST program. 

Sec. 618. Continuation of certain education programs. 

Sec. 619. Implementation of previous recommendations. 

Subtitle C—Technology Transfer 

Sec. 621. Commercial technology transfer program. 

TITLE VII—MISCELLANEOUS PROVISIONS 

Subtitle A—National Aeronautics and Space Administration 

Sec. 701. Retrocession of jurisdiction. 

Sec. 702. Extension of indemnification. 

Sec. 703. NASA scholarships. 

Sec. 704. Independent cost analysis. 

Sec. 705. Recovery and disposition authority. 

Sec. 706. Changes to existing laws on reports. 

Sec. 707. Small business contracting. 

Sec. 708. NASA healthcare program. 

Sec. 709. Offshore performance of contracts for the procurement of goods and services. 

Sec. 710. Study on enhanced use leasing. 

Subtitle B—National Science Foundation 

Sec. 721. Data on specific fields of study. 

Sec. 722. National Science Foundation major research equipment and facilities. 

TITLE VIII—TASK FORCE AND COMMISSION 

Subtitle A—International Space Station Independent Safety Task Force 

Sec. 801. Establishment of task force. 

Sec. 802. Tasks of the task force. 

Sec. 803. Composition of the task force. 

Sec. 804. Reporting requirements. 

Sec. 805. Sunset. 

Subtitle B—Human Space Flight Independent Investigation Commission 

Sec. 821. Definitions. 

Sec. 822. Establishment of Commission. 

Sec. 823. Tasks of the Commission. 

Sec. 824. Composition of Commission. 

Sec. 825. Powers of Commission. 

Sec. 826. Public meetings, information, and hearings. 

Sec. 827. Staff of Commission. 

Sec. 828. Compensation and travel expenses. 

Sec. 829. Security clearances for Commission members and staff. 

Sec. 830. Reporting requirements and termination. 

SEC. 2. DEFINITIONS. 

In this Act: 

(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the 

Administrator of the National Aeronautics and Space Administration. 

(2) ISS.—The term ‘‘ISS’’ means the International Space 

Station. 

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(3) NASA.—The term ‘‘NASA’’ means the National Aeronautics and Space Administration. 

TITLE I—GENERAL PRINCIPLES AND 

REPORTS 

SEC. 101. RESPONSIBILITIES, POLICIES, AND PLANS. 

(a) GENERAL RESPONSIBILITIES.— (1) PROGRAMS.—The Administrator shall ensure that 

NASA carries out a balanced set of programs that shall include, at a minimum, programs in— 

(A) human space flight, in accordance with subsection 

(b); 

(B) aeronautics research and development; and 

(C) scientific research, which shall include, at a minimum— 

(i) robotic missions to study the Moon and other 

planets and their moons, and to deepen understanding 

of astronomy, astrophysics, and other areas of science 

that can be productively studied from space; 

(ii) earth science research and research on the SunEarth connection through the development and operation of research satellites and other means; 

(iii) support of university research in space science, 

earth science, and microgravity science; and 

(iv) research on microgravity, including research 

that is not directly related to human exploration. 

(2) CONSULTATION AND COORDINATION.—In carrying out the 

programs of NASA, the Administrator shall— 

(A) consult and coordinate to the extent appropriate 

with other relevant Federal agencies, including through the 

National Science and Technology Council; 

(B) work closely with the private sector, including by— 

(i) encouraging the work of entrepreneurs who are 

seeking to develop new means to launch satellites, 

crew, or cargo; 

(ii) contracting with the private sector for crew and 

cargo services, including to the International Space 

Station, to the extent practicable; 

(iii) using commercially available products (including software) and services to the extent practicable 

to support all NASA activities; and 

(iv) encouraging commercial use and development 

of space to the greatest extent practicable; and 

(C) involve other nations to the extent appropriate. 

(b) VISION FOR SPACE EXPLORATION.— 

(1) IN GENERAL.—The Administrator shall establish a program to develop a sustained human presence on the Moon, including a robust precursor program, to promote exploration, 

science, commerce, and United States preeminence in space, 

and as a stepping-stone to future exploration of Mars and other 

destinations. The Administrator is further authorized to develop 

and conduct appropriate international collaborations in pursuit 

of these goals. 

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(2) MILESTONES.—The Administrator shall manage human 

space flight programs to strive to achieve the following milestones (in conformity with section 503)— 

(A) Returning Americans to the Moon no later than 

2020. 

(B) Launching the Crew Exploration Vehicle as close to 

2010 as possible. 

(C) Increasing knowledge of the impacts of long duration stays in space on the human body using the most appropriate facilities available, including the ISS. 

(D) Enabling humans to land on and return from Mars 

and other destinations on a timetable that is technically 

and fiscally possible. 

(c) AERONAUTICS.— 

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

through an official the President shall designate, and in consultation with appropriate Federal agencies, shall develop a national policy to guide the aeronautics research and development 

programs of the United States through 2020. The policy shall 

include national goals for aeronautics research and development and shall describe the role and responsibilities of each 

Federal agency that will carry out the policy. The development 

of the policy shall utilize external studies that have been conducted on the state of United States aeronautics and aviation 

research and development and have suggested policies to ensure 

continued competitiveness. 

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

research and development policy shall describe for NASA— 

(i) the priority areas of research for aeronautics 

through fiscal year 2011; 

(ii) the basis on which and the process by which priorities for ensuing fiscal years will be selected; 

(iii) the facilities and personnel needed to carry out the 

aeronautics program through fiscal year 2011; and 

(iv) the budget assumptions on which the policy is 

based, which for fiscal years 2007 and 2008 shall be the 

authorized level for aeronautics provided in title II of this 

Act. 

(B) The policy shall be based on the premises that— 

(i) the Federal Government has an established interest 

in conducting research and development programs for improving the usefulness, performance, speed, safety, and efficiency of aeronautical vehicles, as described in section 

102(d)(2) of the National Aeronautics and Space Act of 

1958 (42 U.S.C. 2451(d)(2)); and 

(ii) the Federal Government has an established interest 

in conducting research and development programs that 

help preserve the role of the United States as a global leader in aeronautical technologies and in their application, as 

described in section 102(d)(5) of the National Aeronautics 

and Space Act of 1958 (42 U.S.C. 2451(d)(5)). 

(3) CONSIDERATIONS.—In developing the national aeronautics research and development policy, the President shall 

consider the following issues, which shall be discussed in the 

transmittal under paragraph (5): 

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(A) The extent to which NASA should focus on longterm, high-risk research or more incremental research, and 

the expected impact of that decision on the United States 

economy, and the ability to achieve environmental and 

other public goals related to aeronautics. 

(B) The extent to which NASA should address military 

and commercial needs. 

(C) How NASA will coordinate its aeronautics program 

with other Federal agencies. 

(D) The extent to which NASA will conduct research 

in-house, fund university research, and collaborate on industry research, and the expected impact of that mix of 

funding on the supply of United States workers for the aeronautics industry. 

(E) The extent to which the priority areas of research 

listed pursuant to paragraph (2)(A) should include the activities authorized by title IV of this Act, the discussion of 

which shall include a priority ranking of all of the activities authorized in title IV and an explanation for that ranking. 

(4) CONSULTATION.—In the development of the national 

aeronautics research and development policy, the President 

shall consult widely with academic and industry experts and 

with other Federal agencies. The Administrator may enter into 

an arrangement with the National Academy of Sciences to help 

develop the policy. 

(5) SCHEDULE.—(A) Not later than 1 year after the date of 

enactment of this Act, the President shall transmit the national 

aeronautics research and development policy to the Committee 

on Appropriations of the House of Representatives, the Committee on Appropriations of the Senate, the Committee on 

Science of the House of Representatives, and the Committee on 

Commerce, Science, and Transportation of the Senate. 

(B) Not later than 60 days after the transmittal of the policy under subparagraph (A), the Administrator shall transmit 

to the Committee on Appropriations of the House of Representatives, the Committee on Appropriations of the Senate, the Committee on Science of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate 

a report describing how NASA will carry out the policy. 

(C) At the time the President’s fiscal year 2007 budget is 

transmitted to the Congress, the Administrator shall transmit 

to the Committee on Appropriations of the House of Representatives, the Committee on Appropriations of the Senate, the Committee on Science of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate 

a report on the proposed NASA aeronautics budget describing— 

(i) the rationale for the budget levels and activities in 

the proposed fiscal year 2007 NASA aeronautics budget; 

(ii) the extent to which the program directions proposed 

for fiscal year 2007 are likely to be consistent with the national policy being prepared under this section; and 

(iii) the extent to which the proposed programs for fiscal year 2007 are consistent with past reports and current 

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studies of the National Academy of Sciences, and other relevant reports and studies. 

(d) SCIENCE.— (1) IN GENERAL.—The Administrator shall develop a plan 

to guide the science programs of NASA through 2016. 

(2) CONTENT.—At a minimum, the plan developed under 

paragraph (1) shall be designed to ensure that NASA has a rich 

and vigorous set of science activities, and shall describe— 

(A) the missions NASA will initiate, design, develop, 

launch, or operate in space science and earth science 

through fiscal year 2016, including launch dates; 

(B) a priority ranking of all of the missions listed 

under subparagraph (A), and the rationale for the ranking; 

and 

(C) the budget assumptions on which the policy is 

based, which for fiscal years 2007 and 2008 shall be consistent with the authorizations provided in title II of this 

Act. 

(3) CONSIDERATIONS.—In developing the science plan under 

this subsection, the Administrator shall consider the following 

issues, which shall be discussed in the transmittal under paragraph (6): 

(A) What the most important scientific questions in 

space science and earth science are. 

(B) How to best benefit from the relationship between 

NASA’s space and earth science activities and those of 

other Federal agencies. 

(C) Whether the Magnetospheric Multiscale Mission, 

SIM-Planet Quest, and missions under the Future Explorers Programs can be expedited to meet previous schedules. 

(D) Whether any NASA Earth observing missions that 

have been delayed or cancelled can be restored. 

(E) How to ensure the long-term vitality of Earth observation programs at NASA, including their satellite, science, 

and data system components. 

(F) Whether current and currently planned Earth observation missions should be supplemented or replaced 

with new satellite architectures and instruments that enable global coverage, and all-weather, day and night imaging of the Earth’s surface features. 

(G) How to integrate NASA earth science missions with 

the Global Earth Observing System of Systems. 

(4) CONSULTATION.—In developing the plan under this subsection, the Administrator shall draw on decadal surveys and 

other reports in planetary science, astronomy, solar and space 

physics, earth science, and any other relevant fields developed 

by the National Academy of Sciences. The Administrator shall 

also consult widely with academic and industry experts and 

with other Federal agencies. 

(5) HUBBLE SPACE TELESCOPE.—The plan developed under 

this subsection shall address plans for a human mission to repair the Hubble Space Telescope consistent with section 302 of 

this Act. 

(6) SCHEDULE.—The Administrator shall transmit the plan 

developed under this subsection to the Committee on Science of 

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the House of Representatives and the Committee on Commerce, 

Science, and Transportation of the Senate not later than 1 year 

after the date of enactment of this Act. The Administrator shall 

make available to those committees any study done by a nongovernmental entity that was used in the development of the 

plan. 

(e) FACILITIES.— 

(1) IN GENERAL.—The Administrator shall develop a plan 

for managing NASA’s facilities through fiscal year 2015. The 

plan shall be consistent with the policies and plans developed 

pursuant to this section. 

(2) CONTENT.—At a minimum, the plan developed under 

paragraph (1) shall describe— 

(A) any new facilities NASA intends to acquire, whether through construction, purchase, or lease, and the expected dates for doing so; 

(B) any facilities NASA intends to significantly modify, 

refurbish, or upgrade, and the expected dates for doing so; 

(C) any facilities NASA intends to close, and the expected dates for doing so; 

(D) any transactions NASA intends to conduct to sell, 

lease, or otherwise transfer the ownership of a facility, and 

the expected dates for doing so; 

(E) how each of the actions described in subparagraphs 

(A), (B), (C), and (D) will enhance the ability of NASA to 

carry out its programs; 

(F) the expected costs or savings expected from each of 

the actions described in subparagraphs (A), (B), (C), and 

(D); 

(G) the priority order of the actions described in subparagraphs (A), (B), (C), and (D); 

(H) the budget assumptions of the plan, which for fiscal years 2007 and 2008 shall be consistent with the authorizations provided in title II of this Act, including the 

funding levels for maintenance and repairs; and 

(I) how facilities were evaluated in developing the plan. 

(3) SCHEDULE.—The Administrator shall transmit the plan 

developed under this subsection to the Committee on Science of 

the House of Representatives and the Committee on Commerce, 

Science, and Transportation of the Senate not later than the 

date on which the President submits the proposed budget for 

the Federal Government for fiscal year 2008 to the Congress. 

(f) WORKFORCE.— 

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

human capital strategy to ensure that NASA has a workforce 

of the appropriate size and with the appropriate skills to carry 

out the programs of NASA, consistent with the policies and 

plans developed pursuant to this section. Under the strategy, 

NASA shall utilize current personnel, to the maximum extent 

feasible, in implementing the vision for space exploration and 

NASA’s other programs. The strategy shall cover the period 

through fiscal year 2011. 

(2) CONTENT.—The strategy developed under paragraph (1) 

shall describe, at a minimum— 

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(A) any categories of employees NASA intends to reduce, the expected size and timing of those reductions, the 

methods NASA intends to use to make the reductions, and 

the reasons NASA no longer needs those employees; 

(B) any categories of employees NASA intends to increase, the expected size and timing of those increases, the 

methods NASA intends to use to recruit the additional employees, and the reasons NASA needs those employees; 

(C) the steps NASA will use to retain needed employees; and 

(D) the budget assumptions of the strategy, which for 

fiscal years 2007 and 2008 shall be consistent with the authorizations provided in title II of this Act, and any expected additional costs or savings from the strategy by fiscal year. 

(3) SCHEDULE.—The Administrator shall transmit the 

strategy developed under this subsection to the Committee on 

Science of the House of Representatives and the Committee on 

Commerce, Science, and Transportation of the Senate not later 

than 60 days after the date on which the President submits the 

proposed budget for the Federal Government for fiscal year 

2007 to the Congress. At least 60 days before transmitting the 

strategy, NASA shall provide a draft of the strategy to its Federal employee unions for a 30-day consultation period after 

which NASA shall respond in writing to any written concerns 

provided by the unions. 

(4) LIMITATION.—NASA may not implement any Reduction 

in Force or other involuntary separations (except for cause) 

prior to March 16, 2007. 

(g) CENTER MANAGEMENT.— 

(1) IN GENERAL.—The Administrator shall conduct a study 

to determine whether any of NASA’s centers should be operated 

by or with the private sector by converting a center to a Federally Funded Research and Development Center or through any 

other mechanism. 

(2) CONTENT.—The study conducted under paragraph (1) 

shall, at a minimum— 

(A) make a recommendation for the operation of each 

center and provide reasons for that recommendation; and 

(B) describe the advantages and disadvantages of each 

mode of operation considered in the study. 

(3) CONSIDERATIONS.—In conducting the study, the Administrator shall take into consideration the experiences of other 

relevant Federal agencies in operating laboratories and centers, 

and any reports that have reviewed the mode of operation of 

those laboratories and centers, as well as any reports that have 

reviewed NASA’s centers. 

(4) SCHEDULE.—The Administrator shall transmit the 

study conducted under this subsection to the Committee on 

Science of the House of Representatives and the Committee on 

Commerce, Science, and Transportation of the Senate not later 

than May 31, 2006. 

(h) BUDGETS.— 

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(1) CATEGORIES.—The proposed budget for NASA submitted by the President for each fiscal year shall be accompanied by documents showing— 

(A) by program— 

(i) the budget for space operations, including the 

ISS and the Space Shuttle; 

(ii) the budget for exploration systems; 

(iii) the budget for aeronautics; 

(iv) the budget for space science; 

(v) the budget for earth science; 

(vi) the budget for microgravity science; 

(vii) the budget for education; 

(viii) the budget for safety oversight; and 

(ix) the budget for public relations; 

(B) the budget for technology transfer programs; 

(C) the budget for the Integrated Enterprise Management Program, by individual element; 

(D) the budget for the Independent Technical Authority, both total and by center; 

(E) the total budget for the prize program under section 

104, and the administrative budget for that program; and 

(F) the comparable figures for at least the 2 previous 

fiscal years for each item in the proposed budget. 

(2) SENSE OF CONGRESS REGARDING EVALUATION CRITERIA

FOR BUDGET REQUESTS.—It is the sense of the Congress that 

each budget of the United States submitted to the Congress 

after the date of enactment of this Act should be evaluated for 

compliance with the findings and priorities established by this 

Act and the amendments made by this Act. 

(i) ADDITIONAL BUDGET INFORMATION.—NASA shall make 

available, upon request from the Committee on Science of the House 

of Representatives or the Committee on Commerce, Science, and 

Transportation of the Senate— 

(1) information on corporate and center general and administrative costs and service pool costs, including— 

(A) the total amount of funds being allocated for those 

purposes for any fiscal year for which the President has 

submitted an annual budget request to Congress; 

(B) the amount of funds being allocated for those purposes for each center, for headquarters, and for each directorate; and 

(C) the major activities included in each cost category; 

and 

(2) the figures on the amount of unobligated funds and unexpended funds, by appropriations account— 

(A) that remained at the end of the fiscal year prior to 

the fiscal year in which the budget is being presented that 

were carried over into the fiscal year in which the budget 

is being presented; 

(B) that are estimated will remain at the end of the fiscal year in which the budget is being presented that are 

proposed to be carried over into the fiscal year for which 

the budget is being presented; and 

(C) that are estimated will remain at the end of the fiscal year for which the budget is being presented. 

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(j) NASA AERONAUTICS TEST FACILITIES AND SIMULATORS.— 

(1) REVIEW.—The Director of the Office of Science and 

Technology Policy shall commission an independent review of 

the Nation’s long-term strategic needs for aeronautics test facilities and shall submit the review to the Committee on Science 

of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. The review 

shall include an evaluation of the facility needs described pursuant to subsection (c)(2)(A)(iii). The review shall take into consideration the results of the study conducted pursuant to the instructions on page 582 of the conference report (H. Rept. 108– 

767) to accompany the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (P.L. 108–375). 

(2) LIMITATION.—The Administrator shall not close or 

mothball any aeronautics test facilities identified in the 2003 

independent assessment by the RAND Corporation titled ‘‘Wind 

Tunnel and Propulsion Test Facilities: An Assessment of 

NASA’s Capabilities to Serve National Needs’’ as being part of 

the minimum set of those facilities necessary to retain and manage to serve national needs, or any aeronautics simulators, that 

were in use as of January 1, 2004, with the exception of the already closed 16-foot transonic tunnel, until— 

(A) the review conducted under paragraph (1) has been 

transmitted to the Congress; and 

(B) 60 days after the Administrator has transmitted to 

the Committee on Appropriations and the Committee on 

Science of the House of Representatives and the Committee 

on Appropriations and the Committee on Commerce, 

Science, and Transportation of the Senate a written certification that the proposed closure will not have an adverse 

impact on NASA’s ability to execute the national policy developed under subsection (c) and to achieve the goals described in that policy. 

Subparagraph (B) shall cease to be effective five years after the 

date the study required by this section has been transmitted to 

the Congress. 

SEC. 102. REPORTS. 

(a) NATIONAL AWARENESS CAMPAIGN.— 

(1) IN GENERAL.—The Administrator shall implement, beginning not later than May 1, 2006, a national awareness campaign through various media, including print, radio, television, 

and the Internet, to articulate missions, publicize recent accomplishments, and facilitate efforts to encourage young Americans 

to enter the fields of science, mathematics, and engineering to 

help maintain United States leadership in those fields. 

(2) REPORTS.—(A) Not later than April 1, 2006, the Administrator shall transmit a plan to the Committee on Science of 

the House of Representatives and the Committee on Commerce, 

Science, and Transportation of the Senate describing the activities that will be undertaken as part of the national awareness 

campaign required by paragraph (1) and the expected cost of 

those activities. NASA may undertake activities as part of the 

national awareness campaign prior to the transmittal of the 

plan required by this subparagraph, but the plan shall include 

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a description of any activities undertaken prior to the transmittal and the estimated cost of those activities. 

(B) Not later than three years after the date of enactment 

of this Act, the Administrator shall transmit to the Committee 

on Science of the House of Representatives and the Committee 

on Commerce, Science, and Transportation of the Senate an assessment of the impact of the national awareness campaign. 

(b) BUDGET INFORMATION.—Not later than April 30, 2006, the 

Administrator shall transmit to the Committee on Science of the 

House of Representatives and the Committee on Commerce, Science, 

and Transportation of the Senate a report describing— 

(1) the expected cost of the Crew Exploration Vehicle 

through fiscal year 2020, based on the public specifications for 

that development contract; and 

(2) the expected budgets for each fiscal year through 2020 

for human spaceflight, aeronautics, space science, and earth 

science— 

(A) first assuming inflationary growth for the budget of 

NASA as a whole and including costs for the Crew Exploration Vehicle as projected under paragraph (1); and 

(B) then assuming inflationary growth for the budget 

of NASA as a whole and including at least two cost estimates for the Crew Exploration Vehicle that are higher 

than those projected under paragraph (1), based on NASA’s 

past experience with cost increases for similar programs, 

along with a description of the reasons for selecting the cost 

estimates used for the calculations under this subparagraph and the confidence level for each of the cost estimates 

used in this section. 

(c) SPACE COMMUNICATIONS PLAN.— 

(1) PLAN.—The Administrator shall develop a plan, in consultation with relevant Federal agencies, for updating NASA’s 

space communications architecture for both low-Earth orbital 

operations and deep space exploration so that it is capable of 

meeting NASA’s needs over the next 20 years. The plan shall include life-cycle cost estimates, milestones, estimated performance capabilities, and 5-year funding profiles. The plan shall 

also include an estimate of the amounts of any reimbursements 

NASA is likely to receive from other Federal agencies during 

the expected life of the upgrades described in the plan. At a 

minimum, the plan shall include a description of the following: 

(A) Projected Deep Space Network requirements for the 

next 20 years, including those in support of human space 

exploration missions. 

(B) Upgrades needed to support Deep Space Network 

requirements. 

(C) Cost estimates for the maintenance of existing Deep 

Space Network capabilities. 

(D) Cost estimates and schedules for the upgrades described in subparagraph (B). 

(E) Projected Tracking and Data Relay Satellite System requirements for the next 20 years, including those in 

support of other relevant Federal agencies. 

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(F) Cost and schedule estimates to maintain and upgrade the Tracking and Data Relay Satellite System to 

meet projected requirements. 

(2) CONSULTATIONS.—The Administrator shall consult with 

other relevant Federal agencies in developing the plan under 

this subsection. 

(3) SCHEDULE.—The Administrator shall transmit the plan 

under this subsection to the Committee on Science of the House 

of Representatives and the Committee on Commerce, Science, 

and Transportation of the Senate not later than February 17, 

2007. 

(d) JOINT DARK ENERGY MISSION.—The Administrator and the 

Director of the Department of Energy Office of Science shall jointly 

transmit to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation 

of the Senate, not later than July 15, 2006, a report on plans for 

a Joint Dark Energy Mission. The report shall include the amount 

of funds each agency intends to expend on the Joint Dark Energy 

Mission for each of the fiscal years 2007 through 2011, and any specific milestones for the development and launch of the Mission. 

(e) OFFICE OF SCIENCE AND TECHNOLOGY POLICY.— 

(1) STUDY.—As part of ongoing efforts to coordinate research and development across the Federal agencies, the Director of the Office of Science and Technology Policy shall conduct 

a study to determine— 

(A) if any research and development programs of 

NASA are unnecessarily duplicating aspects of programs of 

other Federal agencies; and 

(B) if any research and development programs of 

NASA are neglecting any topics of national interest that are 

related to the mission of NASA. 

(2) REPORT.—Not later than one year after the date of enactment of this Act, the Director of the Office of Science and 

Technology Policy shall transmit to the Committee on Science 

of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report 

that— 

(A) describes the results of the study under paragraph 

(1); 

(B) lists the research and development programs of 

Federal agencies other than NASA that were reviewed as 

part of the study, which shall include any program supporting research and development in an area related to the 

programs of NASA, and the most recent budget figures for 

those programs of other agencies; 

(C) recommends any changes to the research and development programs of NASA that should be made in response to the findings of the study required by paragraph 

(1); and 

(D) describes mechanisms the Office of Science and 

Technology Policy will use to ensure adequate coordination 

between NASA and Federal agencies that operate related 

programs. 

14 

(3) CONTRACT.—The Director of the Office of Science and 

Technology Policy may contract with a nongovernmental entity 

to conduct the study required by paragraph (1). 

SEC. 103. BASELINES AND COST CONTROLS. 

(a) CONDITIONS FOR DEVELOPMENT.— (1) IN GENERAL.—NASA shall not enter into a contract for 

the development of a major program unless the Administrator 

determines that— 

(A) the technical, cost, and schedule risks of the program are clearly identified and the program has developed 

a plan to manage those risks; 

(B) the technologies required for the program have been 

demonstrated in a relevant laboratory or test environment; 

and 

(C) the program complies with all relevant policies, 

regulations, and directives of NASA. 

(2) REPORT.—The Administrator shall transmit a report describing the basis for the determination required under paragraph (1) to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and 

Transportation of the Senate at least 30 days before entering 

into a contract for development under a major program. 

(3) NONDELEGATION.—The Administrator may not delegate 

the determination requirement under this subsection, except in 

cases in which the Administrator has a conflict of interest. 

(b) MAJOR PROGRAM ANNUAL REPORTS.— (1) REQUIREMENT.—Annually, at the same time as the 

President’s annual budget submission to the Congress, the Administrator shall transmit to the Committee on Science of the 

House of Representatives and the Committee on Commerce, 

Science, and Transportation of the Senate a report that includes the information required by this section for each major 

program for which NASA proposes to expend funds in the subsequent fiscal year. Reports under this paragraph shall be 

known as Major Program Annual Reports. 

(2) BASELINE REPORT.—The first Major Program Annual 

Report for each major program shall include a Baseline Report 

that shall, at a minimum, include— 

(A) the purposes of the program and key technical 

characteristics necessary to fulfill those purposes; 

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

with a detailed breakout of the development cost, program 

reserves, and an estimate of the annual costs until development is completed; 

(C) the schedule for development, including key program milestones; 

(D) the plan for mitigating technical, cost, and schedule risks identified in accordance with subsection (a)(1)(A); 

and 

(E) the name of the person responsible for making notifications under subsection (c), who shall be an individual 

whose primary responsibility is overseeing the program. 

(3) INFORMATION UPDATES.—For major programs for which 

a Baseline Report has been submitted, each subsequent Major 

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15 

mation that had been provided in the Baseline Report, and the 

reasons for those changes. 

(c) NOTIFICATION.— 

(1) REQUIREMENT.—The individual identified under subsection (b)(2)(E) shall immediately notify the Administrator any 

time that individual has reasonable cause to believe that, for 

the major program for which he or she is responsible— 

(A) the development cost of the program is likely to exceed the estimate provided in the Baseline Report of the 

program by 15 percent or more; or 

(B) a milestone of the program is likely to be delayed 

by 6 months or more from the date provided for it in the 

Baseline Report of the program. 

(2) REASONS.—Not later than 30 days after the notification 

required under paragraph (1), the individual identified under 

subsection (b)(2)(E) shall transmit to the Administrator a written notification explaining the reasons for the change in the cost 

or milestone of the program for which notification was provided 

under paragraph (1). 

(3) NOTIFICATION OF CONGRESS.—Not later than 15 days 

after the Administrator receives a written notification under 

paragraph (2), the Administrator shall transmit the notification 

to the Committee on Science of the House of Representatives 

and the Committee on Commerce, Science, and Transportation 

of the Senate. 

(d) FIFTEEN PERCENT THRESHOLD.—Not later than 30 days 

after receiving a written notification under subsection (c)(2), the Administrator shall determine whether the development cost of the program is likely to exceed the estimate provided in the Baseline Report 

of the program by 15 percent or more, or whether a milestone is likely to be delayed by 6 months or more. If the determination is affirmative, the Administrator shall— 

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

Representatives and the Committee on Commerce, Science, and 

Transportation of the Senate, not later than 15 days after making the determination, a report that includes— 

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

schedule and a detailed explanation for the increase or 

delay; 

(B) a description of actions taken or proposed to be 

taken in response to the cost increase or delay; and 

(C) a description of any impacts the cost increase or 

schedule delay, or the actions described under subparagraph (B), will have on any other program within NASA; 

and 

(2) if the Administrator intends to continue with the program, promptly initiate an analysis of the program, which shall 

include, at a minimum— 

(A) the projected cost and schedule for completing the 

program if current requirements of the program are not 

modified; 

(B) the projected cost and the schedule for completing 

the program after instituting the actions described under 

paragraph (1)(B); and 

16 

(C) a description of, and the projected cost and schedule for, a broad range of alternatives to the program. 

NASA shall complete an analysis initiated under paragraph (2) not 

later than 6 months after the Administrator makes a determination 

under this subsection. The Administrator shall transmit the analysis to the Committee on Science of the House of Representatives 

and Committee on Commerce, Science, and Transportation of the 

Senate not later than 30 days after its completion. 

(e) THIRTY PERCENT THRESHOLD.—If the Administrator determines under subsection (d) that the development cost of a program 

will exceed the estimate provided in the Baseline Report of the program by more than 30 percent, then, beginning 18 months after the 

date the Administrator transmits a report under subsection (d)(1), 

the Administrator shall not expend any additional funds on the program, other than termination costs, unless the Congress has subsequently authorized continuation of the program by law. An appropriation for the specific program enacted subsequent to a report 

being transmitted shall be considered an authorization for purposes 

of this subsection. If the program is continued, the Administrator 

shall submit a new Baseline Report for the program no later than 

90 days after the date of enactment of the Act under which Congress 

has authorized continuation of the program. 

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

(1) the term ‘‘development’’ means the phase of a program 

following the formulation phase and beginning with the approval to proceed to implementation, as defined in NASA’s Procedural Requirements 7120.5c, dated March 22, 2005; 

(2) the term ‘‘development cost’’ means the total of all costs, 

including construction of facilities and civil servant costs, from 

the period beginning with the approval to proceed to implementation through the achievement of operational readiness, without regard to funding source or management control, for the life 

of the program; 

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

indirect, recurring, and nonrecurring costs, including the construction of facilities and civil servant costs, and other related 

expenses incurred or estimated to be incurred in the design, development, verification, production, operation, maintenance, 

support, and retirement of a program over its planned lifespan, 

without regard to funding source or management control; and 

(4) the term ‘‘major program’’ means an activity approved 

to proceed to implementation that has an estimated life-cycle 

cost of more than $250,000,000. 

SEC. 104. PRIZE AUTHORITY. 

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

2451, et seq.) is amended by inserting after section 313 the following 

new section: 

‘‘PRIZE AUTHORITY

‘‘SEC. 314. (a) IN GENERAL.—The Administration may carry out 

a program to competitively award cash prizes to stimulate innovation in basic and applied research, technology development, and 

prototype demonstration that have the potential for application to 

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ministration. The Administration may carry out a program to 

award prizes only in conformity with this section. 

‘‘(b) TOPICS.—In selecting topics for prize competitions, the Administrator shall consult widely both within and outside the Federal Government, and may empanel advisory committees. 

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

prize competitions to encourage participation. 

‘‘(d) REQUIREMENTS AND REGISTRATION.—For each prize competition, the Administrator shall publish a notice in the Federal 

Register announcing the subject of the competition, the rules for 

being eligible to participate in the competition, the amount of the 

prize, and the basis on which a winner will be selected. 

‘‘(e) ELIGIBILITY.—To be eligible to win a prize under this section, an individual or entity— 

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

pursuant to any rules promulgated by the Administrator under 

subsection (d); 

‘‘(2) shall have complied with all the requirements under 

this section; 

‘‘(3) in the case of a private entity, shall be incorporated in 

and maintain a primary place of business in the United States, 

and in the case of an individual, whether participating singly 

or in a group, shall be a citizen or permanent resident of the 

United States; and 

‘‘(4) shall not be a Federal entity or Federal employee acting within the scope of their employment. 

‘‘(f) LIABILITY.—(1) Registered participants must agree to assume any and all risks and waive claims against the Federal Government and its related entities, except in the case of willful misconduct, for any injury, death, damage, or loss of property, revenue, 

or profits, whether direct, indirect, or consequential, arising from 

their participation in a competition, whether such injury, death, 

damage, or loss arises through negligence or otherwise. For the purposes of this paragraph, the term ‘related entity’ means a contractor 

or subcontractor at any tier, and a supplier, user, customer, cooperating party, grantee, investigator, or detailee. 

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

financial responsibility, in amounts determined by the Administrator, for claims by— 

‘‘(A) a third party for death, bodily injury, or property damage, or loss resulting from an activity carried out in connection 

with participation in a competition, with the Federal Government named as an additional insured under the registered participant’s insurance policy and registered participants agreeing 

to indemnify the Federal Government against third party 

claims for damages arising from or related to competition activities; and 

‘‘(B) the Federal Government for damage or loss to Government property resulting from such an activity. 

‘‘(g) JUDGES.—For each competition, the Administration, either 

directly or through an agreement under subsection (h), shall assemble a panel of qualified judges to select the winner or winners of the 

prize competition on the basis described pursuant to subsection (d). 

Judges for each competition shall include individuals from outside 

18 

the Administration, including from the private sector. A judge may 

not— 

‘‘(1) have personal or financial interests in, or be an employee, officer, director, or agent of any entity that is a registered participant in a competition; or 

‘‘(2) have a familial or financial relationship with an individual who is a registered participant. 

‘‘(h) ADMINISTERING THE COMPETITION.—The Administrator 

may enter into an agreement with a private, nonprofit entity to administer the prize competition, subject to the provisions of this section. 

‘‘(i) FUNDING.—(1) Prizes under this section may consist of Federal appropriated funds and funds provided by the private sector for 

such cash prizes. The Administrator may accept funds from other 

Federal agencies for such cash prizes. The Administrator may not 

give any special consideration to any private sector entity in return 

for a donation. 

‘‘(2) Notwithstanding any other provision of law, funds appropriated for prize awards under this section shall remain available 

until expended, and may be transferred, reprogrammed, or expended for other purposes only after the expiration of 10 fiscal years 

after the fiscal year for which the funds were originally appropriated. No provision in this section permits obligation or payment 

of funds in violation of the Anti-Deficiency Act (31 U.S.C. 1341). 

‘‘(3) No prize may be announced under subsection (d) until all 

the funds needed to pay out the announced amount of the prize have 

been appropriated or committed in writing by a private source. The 

Administrator may increase the amount of a prize after an initial 

announcement is made under subsection (d) if— 

‘‘(A) notice of the increase is provided in the same manner 

as the initial notice of the prize; and 

‘‘(B) the funds needed to pay out the announced amount of 

the increase have been appropriated or committed in writing by 

a private source. 

‘‘(4) No prize competition under this section may offer a prize in an amount greater than $10,000,000 unless 30 days have elapsed 

after written notice has been transmitted to the Committee on 

Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. 

‘‘(5) No prize competition under this section may result in the award of more than $1,000,000 in cash prizes without the approval 

of the Administrator. 

‘‘(j) USE OF NASA NAME AND INSIGNIA.—A registered participant in a competition under this section may use the Administration’s name, initials, or insignia only after prior review and written 

approval by the Administration. 

‘‘(k) COMPLIANCE WITH EXISTING LAW.—The Federal Government shall not, by virtue of offering or providing a prize under this 

section, be responsible for compliance by registered participants in 

a prize competition with Federal law, including licensing, export 

control, and non-proliferation laws, and related regulations.’’. 

SEC. 105. FOREIGN LAUNCH VEHICLES. 

(a) ACCORD WITH SPACE TRANSPORTATION POLICY.—NASA 

shall not launch a payload on a foreign launch vehicle except in accordance with the Space Transportation Policy announced by the 

19 

President on December 21, 2004. This subsection shall not be construed to prevent the President from waiving the Space Transportation Policy. 

(b) INTERAGENCY COORDINATION.—NASA shall not launch a 

payload on a foreign launch vehicle unless NASA commenced the 

interagency coordination required by the Space Transportation Policy announced by the President on December 21, 2004, at least 90 

days before entering into a development contract for the payload. 

(c) APPLICATION.—This section shall not apply to any payload 

for which development has begun prior to the date of enactment of 

this Act, including the James Webb Space Telescope. 

SEC. 106. SAFETY MANAGEMENT. 

Section 6 of the National Aeronautics and Space Administration Authorization Act, 1968 (42 U.S.C. 2477) is amended— 

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

(2) by striking ‘‘to it’’ and inserting ‘‘to it, including evaluating NASA’s compliance with the return-to-flight and continue-to-fly recommendations of the Columbia Accident Investigation Board,’’; 

(3) by inserting ‘‘and the Congress’’ after ‘‘advise the Administrator’’; 

(4) by striking ‘‘and with respect to the adequacy of proposed or existing safety standards and shall’’ and inserting 

‘‘with respect to the adequacy of proposed or existing safety 

standards, and with respect to management and culture related 

to safety. The Panel shall also’’; and 

(5) by adding at the end the following: 

‘‘(b) ANNUAL REPORT.—The Panel shall submit an annual report to the Administrator and to the Congress. In the first annual 

report submitted after the date of enactment of the National Aeronautics and Space Administration Authorization Act of 2005, the 

Panel shall include an evaluation of NASA’s management and culture related to safety. Each annual report shall include an evaluation of the Administration’s compliance with the recommendations 

of the Columbia Accident Investigation Board through retirement of 

the Space Shuttle.’’. 

SEC. 107. LESSONS LEARNED AND BEST PRACTICES. 

(a) IN GENERAL.—The Administrator shall transmit to the 

Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate an 

implementation plan describing NASA’s approach for obtaining, implementing, and sharing lessons learned and best practices for its 

major programs and projects not later than 180 days after the date 

of enactment of this Act. The implementation plan shall be updated 

and maintained to ensure that it is current and consistent with the 

burgeoning culture of learning and safety that is emerging at 

NASA. 

(b) REQUIRED CONTENT.—The implementation plan shall contain at a minimum the lessons learned and best practices requirements for NASA, the organizations or positions responsible for enforcement of the requirements, the reporting structure, and the objective performance measures indicating the effectiveness of the activity. 

20 

(c) INCENTIVES.—The Administrator shall provide incentives to 

encourage sharing and implementation of lessons learned and best 

practices by employees, projects, and programs, as well as penalties 

for programs and projects that are determined not to have demonstrated use of those resources. 

SEC. 108. COMMERCIALIZATION PLAN. 

(a) IN GENERAL.—The Administrator, in consultation with 

other relevant agencies, shall develop a commercialization plan to 

support the human missions to the Moon and Mars, to support lowEarth orbit activities and earth science missions and applications, 

and to transfer science research and technology to society. The plan 

shall identify opportunities for the private sector to participate in 

the future missions and activities, including opportunities for partnership between NASA and the private sector in conducting research and the development of technologies and services. The plan 

shall include provisions for developing and funding sustained university and industry partnerships to conduct commercial research 

and technology development, to proactively translate results of space 

research to Earth benefits, to advance United States economic interests, and to support the vision for exploration. The plan shall also 

emphasize the utilization by NASA of advancements made by the 

private sector in space launch and orbital hardware, and shall include opportunities for innovative collaborations between NASA and 

the private sector under existing authorities of NASA for reimbursable and nonreimbursable agreements under the National Aeronautics and Space Act of 1958 (42 U.S.C. 2451 et seq.). 

(b) REPORT.—Not later than 180 days after the date of enactment of this Act, the Administrator shall submit a copy of the plan 

to the Committee on Science of the House of Representatives and the 

Committee on Commerce, Science, and Transportation of the Senate. 

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

HEAT PUMPS. 

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

study on the use of ground source heat pumps in future NASA facilities or substantial renovation of existing NASA facilities involving the installation of heating, ventilating, and air conditioning systems. Not later than 1 year after the date of enactment of this Act, 

the Administrator shall transmit the study to the Committee on 

Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. 

(b) CONTENTS.—The study shall examine— 

(1) the life-cycle costs, including maintenance costs, of the 

operation of such heat pumps compared to generally available 

heating, cooling, and water heating equipment; 

(2) barriers to installation, such as availability and suitability of terrain; and 

(3) such other issues as the Administrator considers appropriate. 

(c) DEFINITION.—In this section, the term ‘‘ground source heat 

pump’’ means an electric-powered system that uses the Earth’s relatively constant temperature to provide heating, cooling, or hot 

water. 

21 

SEC. 110. WHISTLEBLOWER PROTECTION. 

(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Administrator shall transmit to the Committee 

on Science of the House of Representatives and the Committee on 

Commerce, Science, and Transportation of the Senate a plan describing steps to be taken by NASA to protect from retaliation NASA 

employees who raise concerns about substantial and specific dangers to public health and safety or about substantial and specific 

factors that could threaten the success of a mission. The plan shall 

be designed to ensure that NASA employees have the full protection 

required by law. The Administrator shall implement the plan not 

more than 1 year after its transmittal. 

(b) GOAL.—The Administrator shall ensure that the plan describes a system that will protect employees who wish to raise or 

have raised concerns described in subsection (a). 

(c) PLAN.—At a minimum, the plan shall include, consistent 

with Federal law— 

(1) a reporting structure that ensures that the officials who 

are the subject of a whistleblower’s complaint will not learn the 

identity of the whistleblower; 

(2) a single point to which all complaints can be made 

without fear of retribution; 

(3) procedures to enable the whistleblower to track the status of the case; 

(4) activities to educate employees about their rights as 

whistleblowers and how they are protected by law; 

(5) activities to educate employees about their obligations to 

report concerns and their accountability before and after receiving the results of the investigations into their concerns; and 

(6) activities to educate all appropriate NASA Human Resources professionals, and all NASA managers and supervisors, 

regarding personnel laws, rules, and regulations. 

(d) REPORT.—Not later than February 15 of each year beginning with the year after the date of enactment of this Act, the Administrator shall transmit a report to the Committee on Science of 

the House of Representatives and the Committee on Commerce, 

Science, and Transportation of the Senate on the concerns described 

in subsection (a) that were raised during the previous fiscal year. 

At a minimum, the report shall provide— 

(1) the number of concerns that were raised, divided into 

the categories of safety and health, mission assurance, and mismanagement, and the disposition of those concerns, including 

whether any employee was disciplined as a result of a concern 

having been raised; and 

(2) any recommendations for reforms to further prevent retribution against employees who raise concerns. 

TITLE II—AUTHORIZATION OF 

APPROPRIATIONS 

SEC. 201. STRUCTURE OF BUDGET ACCOUNTS. 

Section 313 of the National Aeronautics and Space Act of 1958 

(42 U.S.C. 2459f) is amended— 

(1) by amending subsection (a) to read as follows: 

22 

‘‘(a)(1) Appropriations for the Administration for fiscal year 

2007 and thereafter shall be made in three accounts, ‘Science, Aeronautics, and Education’, ‘Exploration Systems and Space Operations’, and an account for amounts appropriated for the necessary 

expenses of the Office of the Inspector General. 

‘‘(2) Within the Exploration Systems and Space Operations account, no more than 10 percent of the funds for a fiscal year for Exploration Systems may be reprogrammed for Space Operations, and 

no more than 10 percent of the funds for a fiscal year for Space Operations may be reprogrammed for Exploration Systems. This paragraph shall not apply to reprogramming for the purposes described 

in subsection (b)(2). 

‘‘(3) Appropriations shall remain available for two fiscal years, 

unless otherwise specified in law. Each account shall include the 

planned full costs of Administration activities.’’; and 

(2) in subsection (b)— 

(A) by inserting ‘‘(1)’’ before ‘‘To ensure’’; and 

(B) by adding at the end the following new paragraph: 

‘‘(2) The Administration may also transfer amounts among accounts for the immediate costs of recovering from damage caused by 

a major disaster (as defined in section 102 of the Robert T. Stafford 

Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)) or 

by an act of terrorism, or for the immediate costs associated with 

an emergency rescue of astronauts.’’. 

SEC. 202. FISCAL YEAR 2007. 

There are authorized to be appropriated to NASA for fiscal year 

2007 $17,932,000,000, as follows: 

(1) For Science, Aeronautics, and Education (including 

amounts for construction of facilities), $7,136,800,000, of which 

$962,000,000 shall be for Aeronautics. 

(2) For Exploration Systems and Space Operations (including amounts for construction of facilities), $10,761,700,000, of 

which $6,618,600,000 shall be for Space Operations. 

(3) For the Office of Inspector General, $33,500,000. 

SEC. 203. FISCAL YEAR 2008. 

There are authorized to be appropriated to NASA for fiscal year 

2008 $18,686,300,000 as follows: 

(1) For Science, Aeronautics, and Education (including 

amounts for construction of facilities), $7,747,800,000, of which 

$990,000,000 shall be for Aeronautics. 

(2) For Exploration Systems and Space Operations (including amounts for construction of facilities), $10,903,900,000, of 

which $6,546,600,000 shall be for Space Operations 

(3) For the Office of Inspector General, $34,600,000. 

SEC. 204. ISS RESEARCH. 

Beginning with fiscal year 2006, the Administrator shall allocate at least 15 percent of the funds budgeted for ISS research to 

ground-based, free-flyer, and ISS life and microgravity science research that is not directly related to supporting the human exploration program, consistent with section 305. 

SEC. 205. TEST FACILITIES. 

(a) CHARGES.—The Administrator shall establish a policy of 

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

23 

their tests at a level that is competitive with alternative test facilities. The Administrator shall not implement a policy of seeking full 

cost recovery for a facility until at least 30 days after transmitting 

a notice to the Committee on Science of the House of Representatives 

and the Committee on Commerce, Science, and Transportation of 

the Senate. 

(b) FUNDING ACCOUNT.—In planning and budgeting, the Administrator shall establish a funding account that shall be used for 

all test facilities. The account shall be sufficient to maintain the viability of test facilities during periods of low utilization. 

SEC. 206. OFFICIAL REPRESENTATION FUND. 

Amounts appropriated pursuant to this Act may be used, but not to exceed a total of $70,000 in any fiscal year, for official reception and representation expenses. 

SEC. 207. ISS COST CAP. 

(a) REPORT.—The Administrator shall transmit to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a 

report providing the current expected development costs of the ISS 

and describing any changes to those costs that have occurred because of the grounding of the Space Shuttle after the loss of the 

Space Shuttle Columbia and because of the implementation of fullcost accounting. 

(b) REPEAL.—Thirty days after the transmittal of the report described in subsection (a), section 202 of the National Aeronautics 

and Space Administration Act of 2000 (42 U.S.C. 2451 note) is repealed. 

TITLE III—SCIENCE 

Subtitle A—General Provisions 

SEC. 301. PERFORMANCE ASSESSMENTS. 

(a) IN GENERAL.—The performance of each division in the 

Science directorate of NASA shall be reviewed and assessed by the 

National Academy of Sciences at 5-year intervals. 

(b) TIMING.—Beginning with the first fiscal year following the 

date of enactment of this Act, the Administrator shall select at least 

one division for review under this section. The Administrator shall 

select divisions so that all disciplines will have received their first 

review within six fiscal years of the date of enactment of this Act. 

(c) REPORTS.—Not later than March 1 of each year, beginning 

with the first fiscal year after the date of enactment of this Act, the 

Administrator shall transmit a report to the Committee on Science 

of the House of Representatives and the Committee on Commerce, 

Science, and Transportation of the Senate— 

(1) setting forth in detail the results of any external review 

under subsection (a); 

(2) setting forth in detail actions taken by NASA in response to any external review; and 

(3) including a summary of findings and recommendations 

from any other relevant external reviews of NASA’s science mission priorities and programs. 

24 

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

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

is an extraordinary instrument that has provided, and should continue to provide, answers to profound scientific questions. In accordance with the recommendations of the National Academy of Sciences 

study titled ‘‘Assessment of Options for Extending the Life of the 

Hubble Space Telescope’’, all appropriate efforts should be expended 

to complete the Space Shuttle servicing mission. Upon successful 

completion of the planned return-to-flight schedule of the Space 

Shuttle, the Administrator shall determine the schedule for a Space 

Shuttle servicing mission to the Hubble Space Telescope, unless 

such a mission would compromise astronaut safety. Not later than 

60 days after the landing of the second Space Shuttle mission for 

return-to-flight certification, the Administrator shall transmit to the 

Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a 

status report on plans for a Hubble Space Telescope servicing mission. 

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

(a) ASSESSMENT.—In view of the importance of ensuring continuity of Landsat data and in view of the challenges facing the National Polar-Orbiting Operational Environmental Satellite System 

program, the Administrator shall seek an independent assessment 

of the costs as well as the technical, cost, and schedule risks associated with incorporating the Landsat instrument on the first National Polar-Orbiting Operational Environmental Satellite System 

spacecraft compared with undertaking various alternatives, including a dedicated Landsat data ‘‘gap-filler’’ mission followed by the 

incorporation of the Landsat instrument on the second National 

Polar-Orbiting Operational Environmental Satellite System spacecraft. The assessment shall also include an evaluation of the budgetary requirements of each of the options under consideration. 

(b) REPORT.— 

(1) DEADLINE.—The Administrator shall transmit the independent assessment to the Committee on Science of the House 

of Representatives and the Committee on Commerce, Science, 

and Transportation of the Senate not later than 180 days after 

the date of enactment of this Act unless, prior to that date, 

NASA cancels plans to fly the Landsat instrument on the first 

National Polar-Orbiting Operational Environmental Satellite 

System spacecraft. 

(2) CANCELLATION.—If NASA cancels such plans, the Administrator shall— 

(A) not later than 7 days after a cancellation decision, 

inform the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and 

Transportation of the Senate, in writing, of the cancellation; and 

(B) not later than 90 days after the transmittal of the 

cancellation notice, transmit to the Committee on Science of 

the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a plan for 

undertaking a dedicated gap filler mission or alternative 

means for ensuring the continuity of Landsat data, which 

25 

shall include consideration of a low-cost constellation of 

small satellites. 

SEC. 304. ASSESSMENT OF SCIENCE MISSION EXTENSIONS. 

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

reviews within each of the Science divisions to assess the cost and 

benefits of extending the date of the termination of data collection 

for those missions that have exceeded their planned mission lifetime. In addition— 

(1) not later than 60 days after the date of enactment of 

this Act, the Administrator shall carry out such an assessment 

for at least the following missions: FAST, TIMED, Cluster, 

Wind, Geotail, Polar, TRACE, Ulysses, and Voyager; and 

(2) for those missions that have an operational component, 

the National Oceanic and Atmospheric Administration or any 

other affected agency shall be consulted and the potential benefits of instruments on missions that are beyond their planned 

mission lifetime taken into account. 

(b) REPORT.—Not later than 30 days after completing each assessment required by subsection (a)(1), the Administrator shall 

transmit a report on the assessment to the Committee on Science of 

the House of Representatives and the Committee on Commerce, 

Science, and Transportation of the Senate. 

SEC. 305. MICROGRAVITY RESEARCH. 

The Administrator shall— 

(1) transmit the report required by section 506; 

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

leading to space-based basic and applied scientific research in 

a variety of disciplines with potential direct national benefits 

and applications that can be advanced significantly from the 

uniqueness of microgravity and the space environment; and 

(3) carry out, to the maximum extent practicable, basic, applied, and commercial ISS research in fields such as molecular 

crystal growth, animal research, basic fluid physics, combustion 

research, cellular biotechnology, low-temperature physics, and 

cellular research at a level that will sustain the existing United 

States scientific expertise and research capability in microgravity research. 

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

(a) JOINT WORKING GROUP.—The Administrator and the Administrator of the National Oceanic and Atmospheric Administration shall appoint a Joint Working Group, which shall review and 

monitor missions of the two agencies to ensure maximum coordination in the design, operation, and transition of missions where appropriate. The Joint Working Group shall also prepare the plans required by subsection (c). 

(b) COORDINATION REPORT.—Not later than February 15 of 

each year, beginning with the first fiscal year after the date of enactment of this Act, the Administrator and the Administrator of the 

National Oceanic and Atmospheric Administration shall jointly 

transmit a report to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on how the earth science programs of the 

National Oceanic and Atmospheric Administration and NASA will 

26 

be coordinated during the fiscal year following the fiscal year in 

which the report is transmitted. 

(c) COORDINATION OF TRANSITION PLANNING AND REPORTING.— 

The Administrator, in conjunction with the Administrator of the 

National Oceanic and Atmospheric Administration and in consultation with other relevant agencies, shall evaluate relevant NASA 

science missions for their potential operational capabilities and 

shall prepare transition plans for the existing and future Earth observing systems found to have potential operational capabilities. 

(d) LIMITATION.—The Administrator shall not transfer any 

NASA earth science mission or Earth observing system to the National Oceanic and Atmospheric Administration until the plan required under subsection (c) has been approved by the Administrator 

and the Administrator of the National Oceanic and Atmospheric 

Administration and until financial resources have been identified to 

support the transition or transfer in the President’s budget request 

for the National Oceanic and Atmospheric Administration. 

SEC. 307. REVIEW AND REPORT ON HEADQUARTERS EARTH-SUN SYSTEM APPLIED SCIENCES PROGRAM. 

(a) REVIEW.—The Administrator shall review the policies, processes, and procedures in the planning and management of applications research and development implemented in calendar years 2001 

to 2005 within the Headquarters Earth-Sun System Applied 

Sciences Program and former Earth Science Applications Program. 

This review shall include— 

(1) the program planning and analysis process used to formulate applied science research and development requirements, 

priorities, and solicitation schedules, including changes to the 

process within the period under review, and the effects of such 

planning on the quality and clarity of applied sciences research 

announcements; 

(2) the peer review process including, but not limited to— 

(A) membership selection, determination of qualifications, and use of NASA and non-NASA reviewers; 

(B) management of conflicts of interest, including reviewers funded by the program with a significant consulting or contractual relationship with NASA, and individuals who both review proposals and participate in the 

submission of proposals under the same solicitation announcement; and 

(C) compensation of non-NASA proposal reviewers; 

(3) the process for assigning or allocating applied research 

to NASA researchers and to non-NASA researchers; and 

(4) alternative models for NASA planning and management of applied science and applications research, including an 

evaluation of the relevance for NASA of— 

(A) National Institutes of Health intramural and extramural research program structure, peer review process, 

management of conflicts of interests, compensation of reviewers, and the effects of compensation on reviewer efficiency and quality; 

(B) Department of Agriculture Cooperative State Research Education and Extension Service program and 

structure, peer review process, management of conflicts of 

27 

interest, compensation of reviewers, and the effects of compensation on reviewer efficiency and quality; 

(C) National Institutes of Health and Department of 

Agriculture best practices in the planning, selection, and 

management of applied sciences research and development; 

and 

(D) any other relevant models. 

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

of this Act, the Administrator shall transmit a report to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate describing the results of the review conducted under subsection (a). 

The report shall include a plan to ensure that the peer review process is transparent and selects proposals in a manner that instills 

public and stakeholder confidence. 

Subtitle B—Remote Sensing 

SEC. 311. DEFINITIONS. 

In this subtitle— 

(1) the term ‘‘geospatial information’’ means knowledge of 

the nature and distribution of physical and cultural features on 

the landscape based on analysis of data from airborne or spaceborne platforms or other types and sources of data; 

(2) the term ‘‘high resolution’’ means resolution better than 

five meters; and 

(3) the term ‘‘institution of higher education’’ has the meaning given that term in section 101(a) of the Higher Education 

Act of 1965 (20 U.S.C. 1001(a)). 

SEC. 312. GENERAL RESPONSIBILITIES. 

The Administrator shall— 

(1) develop a sustained relationship with the United States 

commercial remote sensing industry and, consistent with applicable policies and law, to the maximum practicable, rely on 

their services; and 

(2) in conjunction with United States industry and universities, research, develop, and demonstrate prototype earth 

science applications to enhance Federal, State, local, and tribal 

governments’ use of government and commercial remote sensing 

data, technologies, and other sources of geospatial information 

for improved decision support to address their needs. 

SEC. 313. PILOT PROJECTS TO ENCOURAGE PUBLIC SECTOR APPLICATIONS. 

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

of grants for competitively awarded pilot projects to explore the integrated use of sources of remote sensing and other geospatial information to address State, local, regional, and tribal agency needs. 

(b) PREFERRED PROJECTS.—In awarding grants under this section, the Administrator shall give preference to projects that— 

(1) make use of commercial data sets, including high resolution commercial satellite imagery and derived satellite data 

products, existing public data sets where commercial data sets 

are not available or applicable, or the fusion of such data sets; 

28 

(2) integrate multiple sources of geospatial information, 

such as geographic information system data, satellite-provided 

positioning data, and remotely sensed data, in innovative ways; 

(3) include funds or in-kind contributions from non-Federal 

sources; 

(4) involve the participation of commercial entities that 

process raw or lightly processed data, often merging that data 

with other geospatial information, to create data products that 

have significant value added to the original data; and 

(5) taken together demonstrate as diverse a set of public 

sector applications as possible. 

(c) OPPORTUNITIES.—In carrying out this section, the Administrator shall seek opportunities to assist— 

(1) in the development of commercial applications potentially available from the remote sensing industry; and 

(2) State, local, regional, and tribal agencies in applying remote sensing and other geospatial information technologies for 

growth management. 

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

(a) shall be provided for a period not to exceed 3 years. 

(e) REPORT.—Each recipient of a grant under subsection (a) 

shall transmit a report to the Administrator on the results of the 

pilot project within 180 days of the completion of that project. 

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

shall, not later than 180 days after the completion of the pilot 

project, conduct at least one workshop for potential users to disseminate the lessons learned from the pilot project as widely as feasible. 

(g) REGULATIONS.—The Administrator shall issue regulations 

establishing application, selection, and implementation procedures 

for pilot projects, and guidelines for reports and workshops required 

by this section. 

SEC. 314. PROGRAM EVALUATION. 

(a) ADVISORY COMMITTEE.—The Administrator shall establish 

an advisory committee, consisting of individuals with appropriate 

expertise in State, local, regional, and tribal agencies, the university 

research community, and the remote sensing and other geospatial 

information industries, to monitor the program established under 

section 313. The advisory committee shall consult with the Federal 

Geographic Data Committee and other appropriate industry representatives and organizations. Notwithstanding section 14 of the 

Federal Advisory Committee Act, the advisory committee established 

under this subsection shall remain in effect until the termination of 

the program under section 313. 

(b) EFFECTIVENESS EVALUATION.—Not later than December 31, 

2009, the Administrator shall transmit to the Congress an evaluation of the effectiveness of the program established under section 313 

in exploring and promoting the integrated use of sources of remote 

sensing and other geospatial information to address State, local, regional, and tribal agency needs. Such evaluation shall have been 

conducted by an independent entity. 

SEC. 315. DATA AVAILABILITY. 

The Administrator shall ensure that the results of each of the 

pilot projects completed under section 313 shall be retrievable 

through an electronic, Internet-accessible database. 

29 

SEC. 316. EDUCATION. 

The Administrator shall establish an educational outreach program to increase awareness at institutions of higher education and 

State, local, regional, and tribal agencies of the potential applications of remote sensing and other geospatial information and awareness of the need for geospatial workforce development. 

Subtitle C—George E. Brown, Jr. NearEarth Object Survey 

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

(a) SHORT TITLE.—This section may be cited as the ‘‘George E. 

Brown, Jr. Near-Earth Object Survey Act’’. 

(b) FINDINGS.—The Congress makes the following findings: 

(1) Near-Earth objects pose a serious and credible threat to 

humankind, as many scientists believe that a major asteroid or 

comet was responsible for the mass extinction of the majority of 

the Earth’s species, including the dinosaurs, nearly 65,000,000 

years ago. 

(2) Similar objects have struck the Earth or passed through 

the Earth’s atmosphere several times in the Earth’s history and 

pose a similar threat in the future. 

(3) Several such near-Earth objects have only been discovered within days of the objects’ closest approach to Earth, and 

recent discoveries of such large objects indicate that many large 

near-Earth objects remain undiscovered. 

(4) The efforts taken to date by NASA for detecting and 

characterizing the hazards of near-Earth objects are not sufficient to fully determine the threat posed by such objects to cause 

widespread destruction and loss of life. 

(c) DEFINITIONS.—For purposes of this section the term ‘‘nearEarth object’’ means an asteroid or comet with a perihelion distance 

of less than 1.3 Astronomical Units from the Sun. 

(d) NEAR-EARTH OBJECT SURVEY.— 

(1) SURVEY PROGRAM.—The Administrator shall plan, develop, and implement a Near-Earth Object Survey program to 

detect, track, catalogue, and characterize the physical characteristics of near-Earth objects equal to or greater than 140 meters 

in diameter in order to assess the threat of such near-Earth objects to the Earth. It shall be the goal of the Survey program 

to achieve 90 percent completion of its near-Earth object catalogue (based on statistically predicted populations of near-Earth 

objects) within 15 years after the date of enactment of this Act. 

(2) AMENDMENTS.—Section 102 of the National Aeronautics 

and Space Act of 1958 (42 U.S.C. 2451) is amended— 

(A) by redesignating subsection (g) as subsection (h); 

(B) by inserting after subsection (f) the following new 

subsection: 

‘‘(g) The Congress declares that the general welfare and security 

of the United States require that the unique competence of the National Aeronautics and Space Administration be directed to detecting, tracking, cataloguing, and characterizing near-Earth asteroids 

and comets in order to provide warning and mitigation of the potential hazard of such near-Earth objects to the Earth.’’; and 

30 

(C) in subsection (h), as so redesignated by subparagraph (A) of this paragraph, by striking ‘‘and (f)’’ and inserting ‘‘(f), and (g)’’. 

(3) FIFTH-YEAR REPORT.—The Administrator shall transmit 

to the Congress, not later than February 28 of the fifth year 

after the date of enactment of this Act, a report that provides 

the following: 

(A) A summary of all activities taken pursuant to paragraph (1) since the date of enactment of this Act. 

(B) A summary of expenditures for all activities pursuant to paragraph (1) since the date of enactment of this Act. 

(4) INITIAL REPORT.—The Administrator shall transmit to 

Congress not later than 1 year after the date of enactment of 

this Act an initial report that provides the following: 

(A) An analysis of possible alternatives that NASA may 

employ to carry out the Survey program, including groundbased and space-based alternatives with technical descriptions. 

(B) A recommended option and proposed budget to 

carry out the Survey program pursuant to the recommended option. 

(C) Analysis of possible alternatives that NASA could 

employ to divert an object on a likely collision course with 

Earth. 

TITLE IV—AERONAUTICS 

SEC. 401. DEFINITION. 

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

Subtitle A—Governmental Interest in 

Aeronautics Research and Development 

SEC. 411. GOVERNMENTAL INTEREST. 

Congress reaffirms the national commitment to aeronautics research made in the National Aeronautics and Space Act of 1958. 

Aeronautics research and development remains a core mission of 

NASA. NASA is the lead agency for civil aeronautics research. Further, the government of the United States shall promote aeronautics 

research and development that will expand the capacity, ensure the 

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

system, promote the security of the Nation, protect the environment, 

and retain the leadership of the United States in global aviation. 

Subtitle B—High Priority Aeronautics 

Research and Development Programs 

SEC. 421. FUNDAMENTAL RESEARCH PROGRAM. 

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

needed capabilities in fundamental areas of aeronautics research, 

31 

the Administrator shall establish a program of long-term fundamental research in aeronautical sciences and technologies that is 

not tied to specific development projects. 

(b) OPERATION.—The Administrator shall conduct the program 

under this section, in part by awarding grants to institutions of 

higher education. The Administrator shall encourage the participation of institutions of higher education located in States that participate in the Experimental Program to Stimulate Competitive Research. All grants to institutions of higher education under this section shall be awarded through merit review. 

(c) ASSESSMENT.—The Administrator shall enter into an arrangement with the National Research Council for an assessment of 

the Nation’s future requirements for fundamental aeronautics research and whether the Nation will have a skilled research workforce and research facilities commensurate with those requirements. 

The assessment shall include an identification of any projected 

gaps, and recommendations for what steps should be taken by the 

Federal Government to eliminate those gaps. 

(d) REPORT.—The Administrator shall transmit the assessment, 

along with NASA’s response to the assessment, to Congress not later 

than 2 years after the date of enactment of this Act. 

SEC. 422. RESEARCH AND TECHNOLOGY PROGRAMS. 

(a) ENVIRONMENTAL AIRCRAFT RESEARCH AND DEVELOPMENT.— The Administrator may establish an initiative with the objective of 

developing, and demonstrating in a relevant environment, technologies to enable the following commercial aircraft performance 

characteristics: 

(1) NOISE.—Noise levels on takeoff and on airport approach 

and landing that do not exceed ambient noise levels in the absence of flight operations in the vicinity of airports from which 

such commercial aircraft would normally operate. 

(2) ENERGY CONSUMPTION.—Twenty-five percent reduction 

in the energy required for medium- to long-range flights, compared to aircraft in commercial service as of the date of enactment of this Act. 

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

that are significantly reduced, without adversely affecting hydrocarbons and smoke, relative to aircraft in commercial service 

as of the date of enactment of this Act. 

(b) SUPERSONIC TRANSPORT RESEARCH AND DEVELOPMENT.— The Administrator may establish an initiative with the objective of 

developing and demonstrating, in a relevant environment, airframe 

and propulsion technologies to enable efficient, economical overland 

flight of supersonic civil transport aircraft with no significant impact on the environment. 

(c) ROTORCRAFT AND OTHER RUNWAY-INDEPENDENT AIR VEHICLES.—The Administrator may establish a rotorcraft and other runway-independent air vehicles initiative with the objective of developing and demonstrating improved safety, noise, and environmental 

impact in a relevant environment. 

(d) HYPERSONICS RESEARCH.—The Administrator may establish 

a hypersonics research program with the objective of exploring the 

science and technology of hypersonic flight using air-breathing propulsion concepts, through a mix of theoretical work, basic and applied research, and development of flight research demonstration veVerDate Aug 31 2005 06:30 Dec 18, 2005 Jkt 049006 PO 00000 Frm 00031 Fmt 6659 Sfmt 6603 E:\HR\OC\HR354.XXX HR354
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hicles. The program may also include the transition to the 

hypersonic range of Mach 3 to Mach 5. 

(e) REVOLUTIONARY AERONAUTICAL CONCEPTS.—The Administrator may establish a research program which covers a unique 

range of subsonic, fixed wing vehicles and propulsion concepts. This 

research is intended to push technology barriers beyond current subsonic technology. Propulsion concepts include advanced materials, 

morphing engines, hybrid engines, and fuel cells. 

(f) FUEL CELL-POWERED AIRCRAFT RESEARCH.— 

(1) OBJECTIVE.—The Administrator may establish a fuelcell powered aircraft research program whose objective shall be 

to develop and test concepts to enable a hydrogen fuel cell-powered aircraft that would have no hydrocarbon or nitrogen oxide 

emissions into the environment. 

(2) APPROACH.—The Administrator may establish a program of competitively awarded grants available to teams of researchers that may include the participation of individuals 

from universities, industry, and government for the conduct of 

this research. 

(g) MARS AIRCRAFT RESEARCH.— 

(1) OBJECTIVE.—The Administrator may establish a Mars 

Aircraft project whose objective shall be to develop and test concepts for an uncrewed aircraft that could operate for sustained 

periods in the atmosphere of Mars. 

(2) APPROACH.—The Administrator may establish a program of competitively awarded grants available to teams of researchers that may include the participation of individuals 

from universities, industry, and government for the conduct of 

this research. 

SEC. 423. AIRSPACE SYSTEMS RESEARCH. 

(a) OBJECTIVE.—The Airspace Systems Research program shall 

pursue research and development to enable revolutionary improvements to and modernization of the National Airspace System, as 

well as to enable the introduction of new systems for vehicles that 

can take advantage of an improved, modern air transportation system. 

(b) ALIGNMENT.—Not later than 1 year after the date of enactment of this Act, the Administrator shall align the projects of the 

Airspace Systems Research program so that they directly support 

the objectives of the Joint Planning and Development Office’s Next 

Generation Air Transportation System Integrated Plan. 

SEC. 424. AVIATION SAFETY AND SECURITY RESEARCH. 

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

program shall pursue research and development activities that directly address the safety and security needs of the National Airspace 

System and the aircraft that fly in it. The program shall develop 

prevention, intervention, and mitigation technologies aimed at causal, contributory, or circumstantial factors of aviation accidents. 

(b) ALIGNMENT.—Not later than 1 year after the date of enactment of this Act, the Administrator shall align the projects of the 

Aviation Safety and Security Research program so that they directly 

support the objectives of the Joint Planning and Development Office’s Next Generation Air Transportation System Integrated Plan. 

33 

SEC. 425. AVIATION WEATHER RESEARCH. 

The Administrator may carry out a program of collaborative research with the National Oceanic and Atmospheric Administration 

on convective weather events, with the goal of significantly improving the reliability of 2-hour to 6-hour aviation weather forecasts. 

SEC. 426. ASSESSMENT OF WAKE TURBULENCE RESEARCH AND DEVELOPMENT PROGRAM. 

(a) ASSESSMENT.—The Administrator shall enter into an arrangement with the National Research Council for an assessment of 

Federal wake turbulence research and development programs. The 

assessment shall address at least the following questions: 

(1) Are the Federal research and development goals and objectives well defined? 

(2) Are there any deficiencies in the Federal research and 

development goals and objectives? 

(3) What roles should be played by each of the relevant Federal agencies, such as NASA, the Federal Aviation Administration, and the National Oceanic and Atmospheric Administration, in wake turbulence research and development? 

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

conducted pursuant to subsection (a) shall be provided to Congress 

not later than 2 years after the date of enactment of this Act. 

SEC. 427. UNIVERSITY-BASED CENTERS FOR RESEARCH ON AVIATION 

TRAINING. 

(a) IN GENERAL.—The Administrator may award grants to institutions of higher education (or consortia thereof) to establish one 

or more Centers for Research on Aviation Training under cooperative agreements with appropriate NASA Centers. 

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

the impact of new technologies and procedures, particularly those 

related to the aircraft flight deck and to the air traffic management 

functions, on training requirements for pilots and air traffic controllers. 

(c) APPLICATION.—An institution of higher education (or a consortium of such institutions) seeking funding under this section 

shall submit an application to the Administrator at such time, in 

such manner, and containing such information as the Administrator may require, including, at a minimum, a 5-year research 

plan. 

(d) AWARD DURATION.—An award made by the Administrator 

under this section shall be for a period of 5 years and may be renewed on the basis of— 

(1) satisfactory performance in meeting the goals of the research plan proposed by the Center in its application under 

subsection (c); and 

(2) other requirements as specified by the Administrator. 

Subtitle C—Scholarships 

SEC. 431. NASA AERONAUTICS SCHOLARSHIPS. 

(a) ESTABLISHMENT.—The Administrator shall establish a program of scholarships for full-time graduate students who are United 

States citizens and are enrolled in, or have been accepted by and 

have indicated their intention to enroll in, accredited Masters degree 

34 

programs in aeronautical engineering or equivalent programs at institutions of higher education. Each such scholarship shall cover the 

costs of room, board, tuition, and fees, and may be provided for a 

maximum of 2 years. 

(b) IMPLEMENTATION.—Not later than 180 days after the date of 

enactment of this Act, the Administrator shall publish regulations 

governing the scholarship program under this section. 

(c) COOPERATIVE TRAINING OPPORTUNITIES.—Students who 

have been awarded a scholarship under this section shall have the 

opportunity for paid employment at one of the NASA Centers engaged in aeronautics research and development during the summer 

prior to the first year of the student’s Masters program, and between 

the first and second year, if applicable. 

Subtitle D—Data Requests 

SEC. 441. AVIATION DATA REQUESTS. 

The Administrator shall make available upon request satellite 

imagery and aerial photography of remote terrain that NASA owns 

at the time of the request to the Administrator of the Federal Aviation Administration, or the Director of the Five Star Medallion Program, to assist and train pilots in navigating challenging topographical features of such terrain. 

TITLE V—HUMAN SPACE FLIGHT 

SEC. 501. SPACE SHUTTLE FOLLOW-ON. 

(a) POLICY STATEMENT.—It is the policy of the United States to 

possess the capability for human access to space on a continuous 

basis. 

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

of enactment of this Act and annually thereafter, the Administrator 

shall transmit a report to the Committee on Science of the House 

of Representatives and the Committee on Commerce, Science, and 

Transportation of the Senate describing the progress being made toward developing the Crew Exploration Vehicle and the Crew 

Launch Vehicle and the estimated time before they will demonstrate 

crewed, orbital spaceflight. 

(c) COMPLIANCE REPORT.—If, 1 year before the final planned 

flight of the Space Shuttle orbiter, the United States has not demonstrated a replacement human space flight system, and the United 

States cannot uphold the policy described in subsection (a), the Administrator shall transmit a report to the Committee on Science of 

the House of Representatives and the Committee on Commerce, 

Science, and Transportation of the Senate describing— 

(1) strategic risks to the United States associated with the 

failure to uphold the policy described in subsection (a); 

(2) the estimated length of time during which the United 

States will not have its own human access to space; 

(3) what steps will be taken to shorten that length of time; 

and 

(4) what other means will be used to allow human access 

to space during that time. 

35 

SEC. 502. TRANSITION. 

(a) IN GENERAL.—The Administrator shall, to the fullest extent 

possible consistent with a successful development program, use the 

personnel, capabilities, assets, and infrastructure of the Space Shuttle program in developing the Crew Exploration Vehicle, Crew 

Launch Vehicle, and a heavy-lift launch vehicle. 

(b) PLAN.—Not later than 180 days after the date of enactment 

of this Act, the Administrator shall transmit to the Committee on 

Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a plan describing 

how NASA will proceed with its human space flight programs, 

which, at a minimum, shall describe— 

(1) how NASA will deploy personnel from, and use the facilities of, the Space Shuttle program to ensure that the Space 

Shuttle operates as safely as possible through its final flight 

and to ensure that personnel and facilities from the Space 

Shuttle program are used in NASA’s exploration programs in 

accordance with subsection (a); 

(2) the planned number of flights the Space Shuttle will 

make before its retirement; 

(3) the means, other than the Space Shuttle and the Crew 

Exploration Vehicle, including commercial vehicles, that may be 

used to ferry crew and cargo to and from the ISS; 

(4) the intended purpose of lunar missions and the architecture for those missions; and 

(5) the extent to which the Crew Exploration Vehicle will 

allow for the escape of the crew in an emergency. 

(c) PERSONNEL.—The Administrator shall consult with other 

appropriate Federal agencies and with NASA contractors and employees to develop a transition plan for any Federal and contractor 

personnel engaged in the Space Shuttle program who can no longer 

be retained because of the retirement of the Space Shuttle. The plan 

shall include actions to assist Federal and contractor personnel in 

taking advantage of training, retraining, job placement and relocation programs, and any other actions that NASA will take to assist 

the employees. The plan shall also describe how the Administrator 

will ensure that NASA and its contractors will have an appropriate 

complement of employees to allow for the safest possible use of the 

Space Shuttle through its final flight. The Administrator shall 

transmit the plan to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not later than March 31, 2006. 

SEC. 503. REQUIREMENTS. 

The Administrator shall— 

(1) construct an architecture and implementation plan for 

NASA’s human exploration program that is not critically dependent on the achievement of milestones by fixed dates; 

(2) implement an exploration technology development program to enable lunar human and robotic operations consistent 

with section 101(b)(2), including surface power to use on the 

Moon and other locations; 

(3) conduct an in-situ resource utilization technology program to develop the capability to use space resources to increase 

independence from Earth, and sustain exploration beyond lowEarth orbit; and 

36 

(4) pursue aggressively automated rendezvous and docking 

capabilities that can support the ISS and other mission requirements. 

SEC. 504. GROUND-BASED ANALOG CAPABILITIES. 

(a) IN GENERAL.—The Administrator may establish a groundbased analog capability in remote United States locations in order 

to assist in the development of lunar operations, life support, and 

in-situ resource utilization experience and capabilities. 

(b) ENVIRONMENTAL CHARACTERISTICS.—The Administrator 

shall select locations for the activities described in subsection (a) 

that— 

(1) are regularly accessible; 

(2) have significant temperature extremes and range; and 

(3) have access to energy and natural resources (including 

geothermal, permafrost, volcanic, or other potential resources). 

(c) INVOLVEMENT OF LOCAL POPULATIONS; PRIVATE SECTOR

PARTNERS.—In carrying out this section, the Administrator shall involve local populations, academia, and industrial partners as much 

as possible to ensure that ground-based benefits and applications 

are encouraged and developed. 

SEC. 505. ISS COMPLETION. 

(a) POLICY.—It is the policy of the United States to achieve diverse and growing utilization of, and benefits from, the ISS. 

(b) ELEMENTS, CAPABILITIES, AND CONFIGURATION CRITERIA.— 

The Administrator shall ensure that the ISS will— 

(1) be assembled and operated in a manner that fulfills 

international partner agreements, as long as the Administrator 

determines that the Shuttle can safely enable the United States 

to do so; 

(1) be used for a diverse range of microgravity research, including fundamental, applied, and commercial research, consistent with section 305; 

(2) have an ability to support a crew size of at least 6 persons, unless the Administrator transmits to the Committee on 

Science of the House of Representatives and the Committee on 

Commerce, Science, and Transportation of the Senate not later 

than 60 days after the date of enactment of this Act, a report 

explaining why such a requirement should not be met, the impact of not meeting the requirement on the ISS research agenda 

and operations and international partner agreements, and what 

additional funding or other steps would be required to have an 

ability to support crew size of at least 6 persons; 

(3) support Crew Exploration Vehicle docking and automated docking of cargo vehicles or modules launched by either 

heavy-lift or commercially-developed launch vehicles; 

(4) support any diagnostic human research, on-orbit characterization of molecular crystal growth, cellular research, and 

other research that NASA believes is necessary to conduct, but 

for which NASA lacks the capacity to return the materials that 

need to be analyzed to Earth; and 

(5) be operated at an appropriate risk level. 

(c) CONTINGENCIES.— (1) POLICY.—The Administrator shall ensure that the ISS 

can have available, if needed, sufficient logistics and on-orbit 

37 

capabilities to support any potential period during which the 

Space Shuttle or its follow-on crew and cargo systems are unavailable, and can have available, if needed, sufficient surge delivery capability or prepositioning of spares and other supplies 

needed to accommodate any such hiatus. 

(2) PLAN.—Not later than 60 days after the date of enactment of this Act, and before making any change in the ISS assembly sequence in effect on the date of enactment of this Act, 

the Administrator shall transmit to the Committee on Science 

of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a plan to 

carry out the policy described in paragraph (1). 

SEC. 506. ISS RESEARCH. 

The Administrator shall— 

(1) carry out a program of microgravity research consistent 

with section 305; 

(2) consider the need for a life sciences centrifuge and any 

associated holding facilities; and 

(3) not later than 90 days after the date of enactment of 

this Act, transmit to the Committee on Science of the House of 

Representatives and the Committee on Commerce, Science, and 

Transportation of the Senate the research plan for NASA utilization of the ISS and the proposed final configuration of the 

ISS, which shall include an identification of microgravity research that can be performed in ground-based facilities and 

then validated in space and an assessment of the impact of having or not having a life science centrifuge aboard the ISS. 

SEC. 507. NATIONAL LABORATORY DESIGNATION. 

(a) DESIGNATION.—To further the policy described in section 

501(a), the United States segment of the ISS is hereby designated 

a national laboratory. 

(b) MANAGEMENT.— 

(1) PARTNERSHIPS.—The Administrator shall seek to increase the utilization of the ISS by other Federal entities and 

the private sector through partnerships, cost-sharing agreements, and other arrangements that would supplement NASA 

funding of the ISS. 

(2) CONTRACTING.—The Administrator may enter into a 

contract with a nongovernmental entity to operate the ISS national laboratory, subject to all applicable Federal laws and 

regulations. 

(c) PLAN.—Not later than 1 year after the date of enactment of 

this Act, the Administrator shall transmit to the Committee on 

Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a plan describing 

how the national laboratory will be operated. At a minimum, the 

plan shall describe— 

(1) any changes in the research plan transmitted under section 506(3) and any other changes in the operation of the ISS 

resulting from the designation; 

(2) any ground-based NASA operations or buildings that 

will be considered part of the national laboratory; 

38 

(3) the management structure for the laboratory, including 

the rationale for contracting or not contracting with a nongovernmental entity to operate the ISS national laboratory; 

(4) the workforce that will be considered employees of the 

national laboratory; 

(5) how NASA will seek the participation of other parties 

described in subsection (b)(1); and 

(6) a schedule for implementing any changes in ISS operations, utilization, or management described in the plan. 

(d) UNITED STATES SEGMENT DEFINED.—In this section the 

term ‘‘United States segment of the ISS’’ means those elements of the 

ISS manufactured— 

(1) by the United States; or 

(2) for the United States by other nations in exchange for 

funds or launch services. 

TITLE VI—OTHER PROGRAM AREAS 

Subtitle A—Space and Flight Support 

SEC. 601. ORBITAL DEBRIS. 

The Administrator, in conjunction with the heads of other Federal agencies, shall take steps to develop or acquire technologies that 

will enable NASA to decrease the risks associated with orbital debris. 

SEC. 602. SECONDARY PAYLOAD CAPABILITY. 

(a) IN GENERAL.—In order to provide more routine and affordable access to space for a broad range of scientific payloads, the Administrator is encouraged to provide the capabilities to support secondary payload flight opportunities on United States launch vehicles, or free flyers, for satellites or scientific payloads weighing less 

than 500 kilograms. 

(b) FEASIBILITY STUDY.—The Administrator shall initiate a feasibility study for designating a National Free Flyer Launch Coordination Center as a means of coordinating, consolidating, and integrating secondary launch capabilities, launch opportunities, and 

payloads. 

(c) ASSESSMENT.—The feasibility study required by subsection 

(b) shall include an assessment of the feasibility of integrating a 

National Free Flyer Launch Coordination Center within the operations and facilities of an existing nonprofit organization such as 

the Inland Northwest Space Alliance in Missoula, Montana, or a 

similar entity, and shall include an assessment of the potential utilization of existing launch and launch support facilities and capabilities, including but not limited to those in the States of Montana 

and New Mexico and their respective contiguous States, and the 

State of Alaska, for the integration and launch of secondary payloads, including an assessment of the feasibility of establishing cooperative agreements among such facilities, existing or future commercial launch providers, payload developers, and the designated 

Coordination Center. 

39 

Subtitle B—Education 

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

The matter appearing under the heading ‘‘NATIONAL AERO- NAUTICS AND SPACE ADMINISTRATION, SMALL AND DISADVANTAGED

BUSINESS’’ in title III of the Departments of Veterans Affairs and 

Housing and Urban Development, and Independent Agencies Appropriations Act, 1990 (42 U.S.C. 2473b; 103 Stat. 863) is amended by 

striking ‘‘Historically Black Colleges and Universities and’’ and inserting ‘‘Historically Black Colleges and Universities that are part 

B institutions (as defined in section 322(2) of the Higher Education 

Act of 1965 (20 U.S.C. 1061(2))), Hispanic-serving institutions (as 

defined in section 502(a)(5) of that Act (20 U.S.C. 1101a(a)(5))), 

Tribal Colleges or Universities (as defined in section 316(b)(3) of 

that Act (20 U.S.C. 1059c(b)(3))), Alaskan Native-serving institutions (as defined in section 317(b)(2) of that Act (20 U.S.C. 

1059d)(b)(2))), Native Hawaiian-serving institutions (as defined in 

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

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

(a) IN GENERAL.—The Administrator shall develop or expand 

programs to extend science and space educational outreach to rural 

communities and schools through video conferencing, interpretive 

exhibits, teacher education, classroom presentations, and student 

field trips. 

(b) PRIORITIES.—In carrying out subsection (a), the Administrator shall give priority to existing programs, including Challenger 

Learning Centers— 

(1) that utilize community-based partnerships in the field; 

(2) that build and maintain video conference and exhibit 

capacity; 

(3) that travel directly to rural communities and serve lowincome populations; and 

(4) with a special emphasis on increasing the number of 

women and minorities in the science and engineering professions. 

SEC. 613. CHARLES ‘‘PETE’’ CONRAD ASTRONOMY AWARDS. 

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

‘Pete’ Conrad Astronomy Awards Act’’. 

(b) DEFINITIONS.—For the purposes of this section— 

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

whose employer does not provide any funding, payment, or compensation to the individual for the observation of asteroids and 

other celestial bodies, and does not include any individual employed as a professional astronomer; 

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

Center of the Smithsonian Astrophysical Observatory; 

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

a perihelion distance of less than 1.3 Astronomical Units from 

the Sun; and 

(4) the term ‘‘Program’’ means the Charles ‘‘Pete’’ Conrad 

Astronomy Awards Program established under subsection (c). 

(c) PETE CONRAD ASTRONOMY AWARD PROGRAM.— 

40 

(1) IN GENERAL.—The Administrator shall establish the 

Charles ‘‘Pete’’ Conrad Astronomy Awards Program. 

(2) AWARDS.—The Administrator shall make awards under 

the Program based on the recommendations of the Minor Planet 

Center. 

(3) AWARD CATEGORIES.—The Administrator shall make 

one annual award, unless there are no eligible discoveries or 

contributions, for each of the following categories: 

(A) The amateur astronomer or group of amateur astronomers who in the preceding calendar year discovered 

the intrinsically brightest near-Earth asteroid among the 

near-Earth asteroids that were discovered during that year 

by amateur astronomers or groups of amateur astronomers. 

(B) The amateur astronomer or group of amateur astronomers who made the greatest contribution to the Minor 

Planet Center’s mission of cataloguing near-Earth asteroids 

during the preceding year. 

(4) AWARD AMOUNT.—An award under the Program shall be in the amount of $3,000. 

(5) GUIDELINES.—(A) No individual who is not a citizen or 

permanent resident of the United States at the time of his discovery or contribution may receive an award under this section. 

(B) The decisions of the Administrator in making awards 

under this section are final. 

SEC. 614. REVIEW OF EDUCATION PROGRAMS. 

(a) IN GENERAL.—The Administrator shall enter into an arrangement with the National Research Council of the National 

Academy of Sciences to conduct a review and evaluation of NASA’s 

precollege science, technology, and mathematics education program. 

The review and evaluation shall be documented in a report to the 

Administrator and shall include such recommendations as the National Research Council determines will improve the effectiveness of 

the program. 

(b) REVIEW.—The review and evaluation under subsection (a) 

shall include— 

(1) an evaluation of the effectiveness of the overall program 

in meeting its defined goals and objectives; 

(2) an assessment of the quality and educational effectiveness of the major components of the program, including an 

evaluation of the adequacy of assessment metrics and data collection requirements available for determining the effectiveness 

of individual projects; 

(3) an evaluation of the funding priorities in the program, 

including a review of the funding level and funding trend for 

each major component of the program and an assessment of 

whether the resources made available are consistent with meeting identified goals and priorities; and 

(4) a determination of the extent and the effectiveness of coordination and collaboration between NASA and other Federal 

agencies that sponsor science, technology, and mathematics education activities. 

(c) REPORT TO CONGRESS.—Not later than 18 months after the 

date of enactment of this Act, the Administrator shall transmit to 

the Committee on Science of the House of Representatives and the 

Committee on Commerce, Science, and Transportation of the Senate 

41 

the results of the review and evaluation required under subsection 

(a). 

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

(a) IN GENERAL.—The Administrator shall strive to ensure 

equal access for minority and economically disadvantaged students 

to NASA’s education programs. 

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

of this Act, and every 2 years thereafter, the Administrator shall 

submit a report to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate describing the efforts by the Administrator 

to ensure equal access for minority and economically disadvantaged 

students under this section and the results of such efforts. As part 

of the report, the Administrator shall provide— 

(1) data on minority participation in NASA’s education 

programs, at a minimum in the following categories: elementary and secondary education, undergraduate education, and 

graduate education; and 

(2) the total value of grants NASA made to Historically 

Black Colleges and Universities and to Hispanic Serving Institutions through education programs during the period covered 

by the report. 

(c) PROGRAM.—The Administrator shall establish the Dr. Mae 

C. Jemison Grant Program to work with Minority Serving Institutions to bring more women of color into the field of space and aeronautics. 

SEC. 616. MUSEUMS. 

The Administrator may provide grants to, and enter into cooperative agreements with, museums and planetariums to enable them 

to enhance programs related to space exploration, aeronautics, space 

science, earth science, or microgravity. 

SEC. 617. REVIEW OF MUST PROGRAM. 

Not later than 60 days after the date of enactment of this Act, 

the Administrator shall transmit a report to Congress on the legal 

status of the Motivating Undergraduates in Science and Technology 

program. If the report concludes that the program is in compliance 

with the laws of the United States, NASA shall implement the program, as planned in the July 5, 2005, NASA Research Announcement. 

SEC. 618. CONTINUATION OF CERTAIN EDUCATION PROGRAMS. 

From amounts appropriated to NASA for education programs, 

the Administrator shall ensure the continuation of the Space Grant 

Program, the Experimental Program to Stimulate Competitive Research, and, consistent with the results of the review under section 

614, the NASA Explorer School program, to motivate and develop 

the next generation of explorers. 

SEC. 619. IMPLEMENTATION OF PREVIOUS RECOMMENDATIONS. 

(a) GAO REPORT.—Not more than 180 days after the date of enactment of this Act, the Administrator shall transmit to the Committee on Science of the House of Representatives and the Committee of Commerce, Science, and Transportation of the Senate a report describing action taken by NASA to implement the recVerDate Aug 31 2005 06:30 Dec 18, 2005 Jkt 049006 PO 00000 Frm 00041 Fmt 6659 Sfmt 6603 E:\HR\OC\HR354.XXX HR354
42 

ommendations contained in the Government Accountability Office’s 

Report No. 04–639. 

(b) COMPLIANCE.—To comply with title IX of the Education 

Amendments of 1972 (20 U.S.C. 1681 et seq.), the Administrator 

shall conduct compliance reviews of at least 2 grantees annually. 

Subtitle C—Technology Transfer 

SEC. 621. COMMERCIAL TECHNOLOGY TRANSFER PROGRAM. 

(a) IN GENERAL.—The Administrator shall execute a commercial technology transfer program with the goal of facilitating the exchange of services, products, and intellectual property between 

NASA and the private sector. This program shall place at least as 

much emphasis on encouraging the transfer of NASA technology to 

the private sector (‘‘spinning out’’) as on encouraging use of private 

sector technology by NASA. This program shall be maintained in a 

manner that provides clear benefits for the agency, the domestic 

economy, and the research community. 

(b) PROGRAM STRUCTURE.—In carrying out the program described in subsection (a), the Administrator shall provide program 

participants with at least 45 days notice of any proposed changes 

to the structure of NASA’s technology transfer and commercialization organizations that is in effect as of the date of enactment of this 

Act. 

TITLE VII—MISCELLANEOUS 

PROVISIONS 

Subtitle A—National Aeronautics and 

Space Administration 

SEC. 701. RETROCESSION OF JURISDICTION. 

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

2451 et seq.) is amended by adding at the end of title III the following new section: 

‘‘RETROCESSION OF JURISDICTION

‘‘SEC. 316. (a) Notwithstanding any other provision of law, the 

Administrator may relinquish to a State all or part of the legislative 

jurisdiction of the United States over lands or interests under the 

control of the Administrator in that State. 

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

the several States, the District of Columbia, the Commonwealth of 

Puerto Rico, the United States Virgin Islands, Guam, American 

Samoa, the Northern Mariana Islands, and any other commonwealth, territory, or possession of the United States.’’. 

SEC. 702. EXTENSION OF INDEMNIFICATION. 

Section 309 of the National Aeronautics and Space Act of 1958 

(42 U.S.C. 2458c) is amended in subsection (f)(1) by striking ‘‘December 31, 2002’’ and all that follows and inserting ‘‘December 31, 

2010.’’. 

43 

SEC. 703. NASA SCHOLARSHIPS. 

(a) AMENDMENTS.—Section 9809 of title 5, United States Code, 

is amended— 

(1) in subsection (a)(2) by striking ‘‘Act.’’ and inserting ‘‘Act 

(42 U.S.C. 1885a or 1885b).’’; 

(2) in subsection (c) by striking ‘‘require.’’ and inserting ‘‘require to carry out this section.’’; 

(3) in subsection (f)(1) by striking the last sentence; and 

(4) in subsection (g)(2) by striking ‘‘Treasurer of the’’ and 

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

United States’’. 

(b) REPEAL.—The Vision 100-Century of Aviation Reauthorization Act is amended by striking section 703 (42 U.S.C. 2473e). 

SEC. 704. INDEPENDENT COST ANALYSIS. 

Section 301 of the National Aeronautics and Space Administration Authorization Act of 2000 (42 U.S.C. 2459g) is amended— 

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

‘‘implementation’’; 

(2) by striking ‘‘$150,000,000’’ and inserting 

‘‘$250,000,000’’; 

(3) by striking ‘‘Chief Financial Officer’’ each place it appears in subsection (a) and inserting ‘‘Administrator’’; 

(4) by inserting ‘‘and consider’’ in subsection (a) after ‘‘shall 

conduct’’; and 

(5) by striking subsection (b) and inserting the following: 

‘‘(b) IMPLEMENTATION DEFINED.—In this section, the term ‘implementation’ means all activity in the life cycle of a project after 

preliminary design, independent assessment of the preliminary design, and approval to proceed into implementation, including critical design, development, certification, launch, operations, disposal 

of assets, and, for technology programs, development, testing, analysis, and communication of the results.’’. 

SEC. 705. RECOVERY AND DISPOSITION AUTHORITY. 

Title III of the National Aeronautics and Space Act of 1958, as 

amended by section 701 of this Act, is further amended by adding 

at the end the following: 

‘‘SEC. 317. RECOVERY AND DISPOSITION AUTHORITY. 

‘‘(a) IN GENERAL.— 

‘‘(1) CONTROL OF REMAINS.—Subject to paragraphs (2) and 

(3), when there is an accident or mishap resulting in the death 

of a crewmember of a NASA human space flight vehicle, the 

Administrator may take control over the remains of the crewmember and order autopsies and other scientific or medical 

tests. 

‘‘(2) TREATMENT.—Each crewmember shall provide the Administrator with his or her preferences regarding the treatment 

accorded to his or her remains and the Administrator shall, to 

the extent possible, respect those stated preferences. 

‘‘(3) CONSTRUCTION.—This section shall not be construed to 

permit the Administrator to interfere with any Federal investigation of a mishap or accident. 

‘‘(b) DEFINITIONS.—In this section: 

44 

‘‘(1) CREWMEMBER.—The term ‘crewmember’ means an astronaut or other person assigned to a NASA human space flight 

vehicle. 

‘‘(2) NASA HUMAN SPACE FLIGHT VEHICLE.—The term 

‘NASA human space flight vehicle’ means a space vehicle, as 

defined in section 308(f)(1), that 

‘‘(A) is intended to transport 1 or more persons; 

‘‘(B) is designed to operate in outer space; and 

‘‘(C) is either owned by NASA, or owned by a NASA 

contractor or cooperating party and operated as part of a 

NASA mission or a joint mission with NASA.’’. 

SEC. 706. CHANGES TO EXISTING LAWS ON REPORTS. 

(a) Section 201 of the National Aeronautics and Space Administration Authorization Act of 2000 (42 U.S.C. 2451 note) is amended— 

(1) by striking ‘‘and not later than the first day of every second month thereafter until October 1, 2006’’ and inserting ‘‘and 

semiannually thereafter until December 31, 2011’’; and 

(2) by adding at the end the following: ‘‘Each such report 

shall also identify each Russian entity or person to whom 

NASA has, since the date of the enactment of the Iran Nonproliferation Amendments Act of 2005, made a payment in cash 

or in-kind for work to be performed or services to be rendered 

under the Agreement Concerning Cooperation on the Civil International Space Station, with annex, signed at Washington January 29, 1998, and entered into force March 27, 2001, or any 

protocol, agreement, memorandum of understanding, or contract related thereto. Each report shall include the specific purpose of each payment made to each entity or person identified 

in the report.’’. 

(b) Section 304(b) of the Federal Aviation Administration Research, Engineering, and Development Authorization Act of 1992 

(49 U.S.C. 47508 note) is amended by striking ‘‘2000’’ and inserting 

‘‘2010’’. 

(c) Section 323 of the National Aeronautics and Space Administration Authorization Act of 2000 is amended by striking subsection 

(a). 

SEC. 707. SMALL BUSINESS CONTRACTING. 

(a) PLAN.—In consultation with the Small Business Administration, the Administrator shall develop a plan to maximize the 

number and amount of contracts awarded to small business concerns (within the meaning given that term in section 3 of the Small 

Business Act (15 U.S.C. 632)) and to meet established contracting 

goals for such concerns. 

(b) PRIORITY.—The Administrator shall establish as a priority 

meeting the contracting goals developed in conjunction with the 

Small Business Administration to maximize the amount of prime 

contracts, as measured in dollars, awarded in each fiscal year by 

NASA to small business concerns (within the meaning given that 

term in section 3 of the Small Business Act (15 U.S.C. 632)). 

SEC. 708. NASA HEALTHCARE PROGRAM. 

The Administrator shall develop a plan to better understand 

the longitudinal health effects of space flight on humans. In the development of the plan, the Administrator shall consider the need for 

45 

the establishment of a lifetime healthcare program for NASA astronauts and their families or other methods to obtain needed health 

data from astronauts and retired astronauts. 

SEC. 709. OFFSHORE PERFORMANCE OF CONTRACTS FOR THE PROCUREMENT OF GOODS AND SERVICES. 

The Administrator shall submit to Congress, not later than 120 

days after the end of each fiscal year beginning with the first fiscal 

year after the date of enactment of this Act, a report on the contracts 

and subcontracts performed overseas and the amount of purchases 

directly or indirectly by NASA from foreign entities in that fiscal 

year. The report shall separately indicate— 

(1) the contracts and subcontracts and their dollar values 

for which the Administrator determines that essential goods or 

services under the contract are available only from a source outside the United States; and 

(2) the items and their dollar values for which the Buy 

American Act was waived pursuant to obligations of the United 

States under international agreements. 

SEC. 710. STUDY ON ENHANCED USE LEASING. 

Not later than one year after the date of enactment of this Act, 

the Comptroller General shall transmit to the Committee on Science 

of the House of Representatives and the Committee on Commerce, 

Science, and Transportation of the Senate a review of NASA’s enhanced use leasing pilot program established by section 315 of the 

National Aeronautics and Space Administration Act of 1958 (42 

U.S.C. 2459j). At a minimum the review shall analyze— 

(1) the financial impact of the program, taking into account 

revenue foregone by the United States, whether such revenue 

would have been realized in the absence of the program, and 

any revenue that accrued to NASA because of the program; 

(2) the use and effectiveness of the program; and 

(3) whether the arrangements made under the program 

would have been made in the absence of the program. 

Subtitle B—National Science Foundation 

SEC. 721. DATA ON SPECIFIC FIELDS OF STUDY. 

The National Science Foundation shall continue to collect statistically reliable data on the field of degree of college-educated individuals to fulfill obligations under section 4(j)(1) of the National 

Science Foundation Act of 1950 (42 U.S.C. 1863(j)(1)) and the 

Science and Engineering Equal Opportunities Act (42 U.S.C. 1885 

et. seq.). If the Director of the Foundation determines that there is 

a legal impediment to the continued collection of this data, he shall 

inform the Committee on Science of the House of Representatives 

and the Committee on Commerce, Science, and Transportation of 

the Senate not later than 180 days after the date of enactment of 

this Act. 

SEC. 722. NATIONAL SCIENCE FOUNDATION MAJOR RESEARCH EQUIPMENT AND FACILITIES. 

(a) ASTRONOMICAL SCIENCES SENIOR REVIEW.— (1) REVIEW.—The Director of the National Science Foundation shall charge the Mathematical and Physical Sciences Advisory Committee with conducting a review of the astronomical 

46 

facilities supported by the Foundation to determine the appropriate balance between supporting the operation of existing facilities and supporting the design, development, and eventual 

operation of new facilities. The review shall recommend actions 

that would enable the Foundation to support priorities recommended in the National Academy of Sciences reports ‘‘Astronomy and Astrophysics in the New Millennium’’ and ‘‘Connecting Quarks with the Cosmos’’. 

(2) TRANSMITTAL.—The Director shall transmit the review, 

along with a schedule for implementing any recommendations 

the Director accepts and an explanation for rejecting any recommendations, to the Committee on Science of the House of 

Representatives and the Committee of Commerce, Science, and 

Transportation of the Senate no later than June 30, 2006. 

(b) PLAN FOR FUNDING DESIGN AND DEVELOPMENT FOR MAJOR

RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION PROJECTS.— 

(1) IN GENERAL.—The Director of the National Science 

Foundation shall develop a plan to facilitate more thorough design and development of facilities that can be considered for 

funding through the Major Research Equipment and Facilities 

Construction account. 

(2) CONSIDERATIONS.—In developing the plan, the Director 

shall consider— 

(A) steps to encourage and ease cross-directorate collaboration; 

(B) ways to ensure that a Directorate that will eventually support the operation of a facility is fully committed to 

that facility from the outset; 

(C) providing funding for the design and development 

of facilities from new sources within the Foundation; and 

(D) ways to enable and encourage entities proposing facilities projects to receive design and development funding 

from nongovernmental sources. 

(3) TRANSMITTAL.—No later than June 30, 2006, the Director of the National Science Foundation shall transmit to the 

Committee on Science of the House of Representatives and the 

Committee on Commerce, Science, and Transportation of the 

Senate the plan, along with a statement from the Director describing how the plan addresses the considerations described in 

paragraph (2). 

TITLE VIII—TASK FORCE AND 

COMMISSION 

Subtitle A—International Space Station 

Independent Safety Task Force 

SEC. 801. ESTABLISHMENT OF TASK FORCE. 

(a) ESTABLISHMENT.—The Administrator shall establish an 

independent task force to review the International Space Station 

program with the objective of discovering and assessing any 

vulnerabilities of the International Space Station that could lead to 

47 

its destruction, compromise the health of its crew, or necessitate its 

premature abandonment. 

(b) DEADLINE FOR ESTABLISHMENT.—The Administrator shall 

establish the independent task force within 60 days after the date 

of enactment of this Act. 

SEC. 802. TASKS OF THE TASK FORCE. 

The independent task force established under section 801 shall, 

to the extent possible, undertake the following tasks: 

(1) Catalogue threats to and vulnerabilities of the ISS, including design flaws, natural phenomena, computer software or 

hardware flaws, sabotage or terrorist attack, number of crewmembers, inability to adequately deliver replacement parts and 

supplies, and management or procedural deficiencies. 

(2) Make recommendations for corrective actions. 

(3) Provide any additional findings or recommendations related to ISS safety. 

(4) Prepare a report to the Administrator, Congress, and 

the public. 

SEC. 803. COMPOSITION OF THE TASK FORCE. 

(a) EXTERNAL ORGANIZATIONS.—The independent task force 

shall include at least one representative from each of the following 

external organizations: 

(1) The Aerospace Safety Advisory Panel. 

(2) The Task Force on International Space Station Operational Readiness of the NASA Advisory Council, or its successor. 

(3) The Aeronautics and Space Engineering Board of the 

National Research Council. 

(c) INDEPENDENT ORGANIZATIONS WITHIN NASA.—The independent task force shall also include at least the following individuals from within NASA: 

(1) NASA’s Chief Engineer. 

(2) The head of the Independent Technical Authority. 

(3) The head of the Safety and Mission Assurance Office. 

(4) The head of the NASA Engineering and Safety Center. 

SEC. 804. REPORTING REQUIREMENTS. 

(a) INTERIM REPORTS.—The independent task force may transmit to the Administrator and Congress, and make concurrently 

available to the public, interim reports containing such findings, 

conclusions, and recommendations for corrective actions as have 

been agreed to by a majority of the task force members. 

(b) FINAL REPORT.—The task force shall transmit to the Administrator and Congress, and make concurrently available to the public, a final report containing such findings, conclusions, and recommendations for corrective actions as have been agreed to by a 

majority of task force members. Such report shall include any minority views or opinions not reflected in the majority report. 

(c) APPROVAL.—The independent task force shall not be required 

to seek the approval of the contents of any of the reports submitted 

under subsection (a) or (b) by the Administrator or by any person 

designated by the Administrator prior to the submission of the reports to the Administrator and Congress and to their being made 

concurrently available to the public. 

48 

SEC. 805. SUNSET. 

The independent task force established under this subtitle shall 

transmit its final report to the Administrator and to Congress and 

make it available to the public not later than 1 year after the independent task force is established and shall cease to exist after the 

transmittal. 

Subtitle B—Human Space Flight 

Independent Investigation Commission 

SEC. 821. DEFINITIONS. 

For purposes of this subtitle— 

(1) the term ‘‘Commission’’ means a Commission established under this title; and 

(2) the term ‘‘incident’’ means either an accident or a deliberate act. 

SEC. 822. ESTABLISHMENT OF COMMISSION. 

(a) ESTABLISHMENT.—The President shall establish an independent, nonpartisan Commission within the executive branch to investigate any incident that results in the loss of— 

(1) a Space Shuttle; 

(2) the International Space Station or its operational viability; 

(3) any other United States space vehicle carrying humans 

that is owned by the Federal Government or that is being used 

pursuant to a contract with the Federal Government; or 

(4) a crew member or passenger of any space vehicle described in this subsection. 

(b) DEADLINE FOR ESTABLISHMENT.—The President shall establish a Commission within 7 days after an incident specified in subsection (a). 

SEC. 823. TASKS OF THE COMMISSION. 

A Commission established pursuant to this subtitle shall, to the 

extent possible, undertake the following tasks: 

(1) Investigate the incident. 

(2) Determine the cause of the incident. 

(3) Identify all contributing factors to the cause of the incident. 

(4) Make recommendations for corrective actions. 

(5) Provide any additional findings or recommendations 

deemed by the Commission to be important, whether or not they 

are related to the specific incident under investigation. 

(6) Prepare a report to Congress, the President, and the 

public. 

SEC. 824. COMPOSITION OF COMMISSION. 

(a) NUMBER OF COMMISSIONERS.—A Commission established 

pursuant to this subtitle shall consist of 15 members. 

(b) SELECTION.—The members of a Commission shall be chosen 

in the following manner: 

(1) The President shall appoint the members, and shall 

designate the Chairman and Vice Chairman of the Commission 

from among its members. 

49 

(2) The majority leader of the Senate, the minority leader 

of the Senate, the Speaker of the House of Representatives, and 

the minority leader of the House of Representatives shall each 

provide to the President a list of candidates for membership on 

the Commission. The President may select one of the candidates 

from each of the 4 lists for membership on the Commission. 

(3) No officer or employee of the Federal Government or 

Member of Congress shall serve as a member of the Commission. 

(4) No member of the Commission shall have, or have pending, a contractual relationship with NASA. 

(5) The President shall not appoint any individual as a 

member of a Commission under this section who has a current 

or former relationship with the Administrator that the President determines would constitute a conflict of interest. 

(6) To the extent practicable, the President shall ensure that 

the members of the Commission include some individuals with 

experience relative to human carrying spacecraft, as well as 

some individuals with investigative experience and some individuals with legal experience. 

(7) To the extent practicable, the President shall seek diversity in the membership of the Commission. 

(c) DEADLINE FOR APPOINTMENT.—All members of a Commission established under this subtitle shall be appointed no later than 

30 days after the incident. 

(d) INITIAL MEETING.—A Commission shall meet and begin operations as soon as practicable. 

(e) QUORUM; VACANCIES.—After its initial meeting, a Commission shall meet upon the call of the Chairman or a majority of its 

members. Eight members of a Commission shall constitute a 

quorum. Any vacancy in a Commission shall not affect its powers, 

but shall be filled in the same manner in which the original appointment was made. 

SEC. 825. POWERS OF COMMISSION. 

(a) HEARINGS AND EVIDENCE.—A Commission or, on the authority of the Commission, any subcommittee or member thereof, 

may, for the purpose of carrying out this subtitle— 

(1) hold such hearings and sit and act at such times and 

places, take such testimony, receive such evidence, administer 

such oaths; and 

(2) require, by subpoena or otherwise, the attendance and 

testimony of such witnesses and the production of such books, 

records, correspondence, memoranda, papers, and documents, 

as the Commission or such designated subcommittee or designated 

member may determine advisable. 

(b) CONTRACTING.—A Commission may, to such extent and in 

such amounts as are provided in appropriation Acts, enter into contracts to enable the Commission to discharge its duties under this 

subtitle. 

(c) INFORMATION FROM FEDERAL AGENCIES.— 

(1) IN GENERAL.—A Commission may secure directly from 

any executive department, bureau, agency, board, commission, 

office, independent establishment, or instrumentality of the Government, information, suggestions, estimates, and statistics for 

the purposes of this subtitle. Each department, bureau, agency, 

50 

board, commission, office, independent establishment, or instrumentality shall, to the extent authorized by law, furnish such 

information, suggestions, estimates, and statistics directly to the 

Commission, upon request made by the Chairman, the chairman of any subcommittee created by a majority of the Commission, or any member designated by a majority of the Commission. 

(2) RECEIPT, HANDLING, STORAGE, AND DISSEMINATION.—Information shall only be received, handled, stored, and disseminated by members of the Commission and its staff consistent 

with all applicable statutes, regulations, and Executive orders. 

(d) ASSISTANCE FROM FEDERAL AGENCIES.— 

(1) GENERAL SERVICES ADMINISTRATION.—The Administrator of General Services shall provide to a Commission on a 

reimbursable basis administrative support and other services 

for the performance of the Commission’s tasks. 

(2) OTHER DEPARTMENTS AND AGENCIES.—In addition to 

the assistance prescribed in paragraph (1), departments and 

agencies of the United States may provide to the Commission 

such services, funds, facilities, staff, and other support services 

as they may determine advisable and as may be authorized by 

law. 

(3) NASA ENGINEERING AND SAFETY CENTER.—The NASA 

Engineering and Safety Center shall provide data and technical 

support as requested by the Commission. 

SEC. 826. PUBLIC MEETINGS, INFORMATION, AND HEARINGS. 

(a) PUBLIC MEETINGS AND RELEASE OF PUBLIC VERSIONS OF

REPORTS.—A Commission shall— 

(1) hold public hearings and meetings to the extent appropriate; and 

(2) release public versions of the reports required under this 

subtitle. 

(b) PUBLIC HEARINGS.—Any public hearings of a Commission 

shall be conducted in a manner consistent with the protection of information provided to or developed for or by the Commission as required by any applicable statute, regulation, or Executive order. 

SEC. 827. STAFF OF COMMISSION. 

(a) APPOINTMENT AND COMPENSATION.—The Chairman, in consultation with Vice Chairman, in accordance with rules agreed 

upon by a Commission, may appoint and fix the compensation of a 

staff director and such other personnel as may be necessary to enable the Commission to carry out its functions. 

(b) DETAILEES.—Any Federal Government employee, except for 

an employee of NASA, may be detailed to a Commission without reimbursement from the Commission, and such detailee shall retain 

the rights, status, and privileges of his or her regular employment 

without interruption. 

(c) CONSULTANT SERVICES.—A Commission may procure the 

services of experts and consultants in accordance with section 3109 

of title 5, United States Code, but at rates not to exceed the daily 

rate paid a person occupying a position at level IV of the Executive 

Schedule under section 5315 of title 5, United States Code. Any consultant or expert whose services are procured under this subsection 

51 

shall disclose any contract or association it has with NASA or any 

NASA contractor. 

SEC. 828. COMPENSATION AND TRAVEL EXPENSES. 

(a) COMPENSATION.—Each member of a Commission may be 

compensated at not to exceed the daily equivalent of the annual rate 

of basic pay in effect for a position at level IV of the Executive 

Schedule under section 5315 of title 5, United States Code, for each 

day during which that member is engaged in the actual performance of the duties of the Commission. 

(b) TRAVEL EXPENSES.—While away from their homes or regular places of business in the performance of services for the Commission, members of a Commission shall be allowed travel expenses, 

including per diem in lieu of subsistence, in the same manner as 

persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5, United States Code. 

SEC. 829. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND 

STAFF. 

The appropriate Federal agencies or departments shall cooperate with a Commission in expeditiously providing to the Commission members and staff appropriate security clearances to the extent 

possible pursuant to existing procedures and requirements. No person shall be provided with access to classified information under 

this subtitle without the appropriate security clearances. 

SEC. 830. REPORTING REQUIREMENTS AND TERMINATION. 

(a) INTERIM REPORTS.—A Commission may submit to the President and Congress interim reports containing such findings, conclusions, and recommendations for corrective actions as have been 

agreed to by a majority of Commission members. 

(b) FINAL REPORT.—A Commission shall submit to the President and Congress, and make concurrently available to the public, 

a final report containing such findings, conclusions, and recommendations for corrective actions as have been agreed to by a 

majority of Commission members. Such report shall include any minority views or opinions not reflected in the majority report. 

(c) TERMINATION.— (1) IN GENERAL.—A Commission, and all the authorities of 

this subtitle with respect to that Commission, shall terminate 

60 days after the date on which the final report is submitted 

under subsection (b). 

(2) ADMINISTRATIVE ACTIVITIES BEFORE TERMINATION.—A 

Commission may use the 60-day period referred to in paragraph (1) for the purpose of concluding its activities, including 

providing testimony to committees of Congress concerning its reports and disseminating the final report. 

And the House agree to the same. 

From the Committee on Science, for consideration of the 

Senate bill and the House amendment, and modifications 

committed to conference: 

SHERWOOD BOEHLERT, 

KEN CALVERT, 

RALPH M. HALL, 

LAMAR SMITH, 

BART GORDON, 

MARK UDALL, 

52 

MICHAEL M. HONDA, Ms. Jackson-Lee of Texas is appointed in lieu of Mr. 

Honda for consideration of secs. 111 and 615 of the House 

amendment, and modifications committed to conference. 

SHEILA JACKSON-LEE, For consideration of the Senate bill and House amendment, and modifications committed to conference: 

TOM DELAY, Managers on the Part of the House. 

TED STEVENS, 

TRENT LOTT, 

KAY BAILEY HUTCHISON, 

DANIEL K. INOUYE, 

BILL NELSON, 

Managers on the Part of the Senate. 

(53) 

JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF 

CONFERENCE 

The managers on the part of the House and the Senate at the 

conference on the disagreeing votes of the two Houses on the 

amendment of the House to the bill (S. 1281) to authorize appropriations for the National Aeronautics and Space Administration 

for science, aeronautics, exploration, exploration capabilities, and 

the Inspector General, and for other purposes, for fiscal years 2006, 

2007, 2008, 2009, and 2010, submit the following joint statement 

to the House and the Senate in explanation of the effect of the action agreed upon by the managers and recommended in the accompanying conference report: 

The House amendment struck all of the Senate bill after the 

enacting clause and inserted a substitute text. 

The Senate recedes from its disagreement to the amendment 

of the House with an amendment that is a substitute for the Senate bill and the House amendment. The differences between the 

Senate bill, and the House amendment, and the substitute agreed 

to in conference are noted below, except for clerical corrections, conforming changes made necessary by agreements reached by the 

conferees, and minor drafting and clerical changes. 

This legislation authorizes the appropriations of funds for the 

National Aeronautics and Space Administration (NASA), for the 

fiscal years 2007 and 2008. In addition, it sets forth a framework 

of policy guidance, program management authorities and requirements, and means for ensuring accountability in program management and oversight. 

U.S. CIVIL SPACE GOALS/VISION FOR SPACE EXPLORATION

The conferees endorse the President’s Vision for Space Exploration and outline the rationale for it in section 101(b) of the Conference Report. The conferees believe that the Conference Report 

provides a strong legislative foundation for the pursuit of the nation’s continued exploration of space in a manner that both preserves the important legacy of accomplishments in science, aeronautics and human space flight and provides NASA with the authority to move its new program of exploration forward. 

SCIENCE

In an increasingly technological age, scientific and technical excellence is fundamental to securing the nation’s economic and security interests and to inspiring and educating the next generation of 

scientists, engineers, astronauts, and entrepreneurs. The conferees 

agree that a continued strong and diverse array of programs in the 

areas of space science, earth science and education is essential, and 

the Conference Report combines important elements of the Senateand House-passed legislation in order to ensure that such activities 

54 

continue to represent a major portion of NASA’s programs and priorities and that such activities are judged on their own merits. 

HUMAN SPACE FLIGHT AND SPACE TRANSPORTATION

The conferees agree that it is important for the United States 

to have continuing, safe and reliable human access to space. The 

conferees further acknowledge the need to provide the smoothest 

possible transition between the eventual retirement of the space 

shuttle and the development of the new Crew Exploration Vehicle 

(CEV) and Crew Launch Vehicle (CLV). Section 502 of the Conference Report lays out an approach for an effective transition. At 

the same time, the Conference Report provides important oversight 

guidance, in terms of planning, funding projections and accountability, designed to ensure the success of these new systems’ development. 

The conferees also recognize the importance of the International Space Station (ISS) in sections 505 and 506 of the Conference Report. The conferees recognize the research potential of 

the ISS beyond its contribution to long-duration human spaceflight 

in support of the Vision for Space Exploration in several sections, 

including section 305. The conferees adopt language that requires 

a minimum percentage of ISS research to be directed toward a 

range of science disciplines not directly related to supporting the 

Vision for Space Exploration. Furthermore, the conferees agree to 

provisions based on the Senate-passed bill that designate the U.S. 

segment of the ISS as a National Laboratory, paving the way for 

the addition of non-NASA resources and non-Government resources 

to support space station-based research. 

AERONAUTICS POLICY

The conferees agree to provisions included in both Senate- and 

House-passed bills that require the development of a national aeronautics research policy to guide future investments in this important segment of NASA’s mission. A healthy and vibrant aeronautics 

research capability and aerospace industry are vital to the nation’s 

economic security. The plans and priorities required and highlighted by the Conference Report should serve to ensure the vitality of aeronautics research within the framework of a clear set of 

national policy objectives to be developed under the provisions of 

the Conference Report. 

ADDITIONAL SIGNIFICANT PROVISIONS

In addition to the major policy areas noted above, the conferees 

agree to a number of significant provisions contained in both the 

House- and Senate-passed bills. Among these are provisions for 

workforce management, the encouragement and authorization of 

significant commercial participation in a full range of science, aeronautics, and exploration activities, enhanced program fiscal and 

management accountability, and significant measures providing for 

independent oversight of NASA programs and management. A 

number of these provisions are further described in the balance of 

the explanatory statement. 

55 

EXPLANATION OF SELECTED PROVISIONS

Sec. 101(d). Science 

Section 101(d) directs the Administrator to develop a plan to 

guide the space science and earth science programs of NASA 

through 2016. The priority ranking required by this subsection is 

a single ranking of all the missions that NASA lists pursuant to 

paragraph (2)(A), not a ranking categorized by theme or any other 

category. 

The conferees understand that NASA will have to update and 

revise the plans and priorities periodically. The conferees do not intend that NASA be bound by this plan until 2016. But the plan 

should be based on the best possible current assessment of what 

NASA will be able to do between now and 2016. 

The conferees are aware that the National Academy of 

Sciences is continuing to work on an Earth Science and Applications from Space Decadal Survey which is due to be completed in 

2006. In preparing the science plan, NASA should, to the greatest 

extent possible, take into consideration information available from 

the Decadal Survey. The conferees expect NASA to notify the authorizing committees if the completed Decadal Survey would 

change any of the information provided in the science plan. 

Sec. 101(e). Facilities 

Section 101(e) directs the Administrator to develop a facilities 

plan through fiscal year 2015. While the facilities plan does not 

have to be transmitted to the Committees until the date on which 

the President submits the fiscal year 2008 budget to the Congress, 

the conferees urge NASA to provide notification to the authorizing 

committees prior to mothballing or closing any significant facilities 

before the transmittal of the facilities plan. 

The budget assumptions used to develop the facilities plan and 

descriptions of the costs and the type of work that are planned to 

maintain, modify or upgrade each facility, must be described in the 

plan. 

Sec. 101(h). Budgets 

The conferees support the views expressed in the House report 

that accompanied H.R. 3070 (House Report 109–173) and in the 

Senate Report that accompanied S.1281 (Senate Report 109–108) 

regarding the lack of detail provided by NASA in the fiscal year 

2006 budget justification and previous inconsistency in identifying 

major program budget requests. As required by subparagraph 

101(h)(1)(A) NASA is to provide proposed budgets for each of the 

areas (i) through (ix) ‘‘by program’’. For the purposes of this section 

a program is a major activity proposed in the budget that is contained within each of the categories (i) through (ix). For example, 

programs within the budget for Space Operations would include 

the Space Shuttle and the International Space Station. However, 

nothing in this section should be construed as allowing NASA to 

provide less detail than was contained in the fiscal year 2006 budget justification. 

56 

Sec. 101(j). Aeronautics test facilities and simulators 

The aeronautics simulators to be reviewed under section 101(j) 

include at least the following: 

• Research Aircraft Simulation Facility at the Dryden 

Flight Research Center 

• Cockpit Motion Facility at the Langley Research Center 

• Differential Maneuvering Simulator at the Langley Research Center 

• Visual Motion Simulator at the Langley Research Center 

• Vertical Motion Simulator at the Ames Research Center 

• Crew Vehicle Systems Research Facility at the Ames 

Research Center 

• Future Flight Central at the Ames Research Center 

• Virtual Airspace Simulation Tool at the Ames Research 

Center 

• Arc Jet facilities at the Ames Research Center. 

Sec. 102(b). Budget information 

Congress needs to understand fully the implications of building 

the CEV before NASA commits to this major project. This is a recognition of how central CEV development will be to NASA’s activities and budget in the coming years and the need to ensure that 

adequate resources likely will be available for this development. 

For that reason, absolutely no later than April 1, 2006, NASA 

must report the expected development cost to the authorizing committees. This is not a transmittal of the development contract itself 

or a detailed description of a yet-to-be-signed contract. What the 

committees are seeking is a realistic estimate for the total cost of 

the program that includes contract costs, government costs, and reserves. 

Along with the estimate of expected costs, the Conference Report requires NASA to calculate two other cost estimates for the 

CEV based on historic experience with cost growth in relevant programs. NASA should consult the September 2004 Congressional 

Budget Office report, A Budgetary Analysis of NASA’s New Vision 

for Space Exploration, in developing the cost estimates. 

The Conference Report then requires NASA to prepare new 

‘sand charts’ covering the period through 2020 that show the expected figures for NASA’s primary program areas using each of the 

CEV cost estimates required by this subsection. All three sand 

charts should assume inflationary growth for NASA’s total funding 

throughout the period. 

Sec. 102(e). Office of Science and Technology Policy 

The study required by section 102(e) is designed to provide 

Congress with additional information in reviewing NASA’s programs. Therefore, in carrying out the study, the Office of Science 

and Technology Policy should give deference to Congressional directives, and should assume that any program mandated by Congress 

is intended to be carried out as authorized. Also, the study should 

not be used to make any changes in program directions, funding or 

locations without further consultation with the Congress. 

57 

Sec. 103. Baselines and cost controls 

The conferees support the views expressed in the House report 

that accompanied H.R. 3070 (House Report 109–173) on Baselines 

and Cost Controls. The conferees have amended the House language to consolidate the reports into a single document to be provided at the time of the President’s annual budget submission and 

have raised the threshold for the definition of a major program to 

$250 million. The conferees do not want NASA to lump separate 

development programs together into a single program for reporting 

purposes under this provision. For example, NASA may not aggregate the various programs and projects for the mission to return 

humans to the Moon as a single program. The conferees expect 

that the CEV, CLV, and other elements of the initiative will be reported as separate activities with their own baselines and annual 

updates. The conferees also expect the same treatment be provided 

in reporting major program activities within the Science, Aeronautics, and Education budget account. 

For programs in the development phase at the time this Conference Report is enacted, reports shall reflect the current baseline 

for cost, schedule and technical content, not the baseline that may 

have existed at the time the program was approved to proceed to 

the development phase. 

Sec. 104. Prize authority 

The Conference Report is silent on how intellectual property 

should be handled as part of the prize program in section 104. 

NASA should announce the intellectual property policy for each 

prize in the notice required by subsection (d). The policy should be 

designed to ensure that the government gets the greatest benefit 

possible from the prize program, meaning that it should enable the 

prize program to attract as many contestants as possible and that 

it should enable the government to make use of any winning ideas. 

In developing the policy, NASA should review the advantages and 

disadvantages of all options including having all intellectual property reside with the contestants and the option of requiring the 

prize winner to give NASA a royalty-free license as a condition of 

receiving prize money. If NASA informs Congress of the intent to 

award a very large prize under subsection (i)(4), the written notice 

should include a description of how NASA will handle intellectual 

property in the contest. 

Sec. 105. Foreign launch vehicles 

This section should not be construed to prevent a consolidated 

approval of the planned ISS logistical and utilization flights; that 

is, the section does not require that each planned launch to the ISS 

trigger a separate interagency review. Additionally, this section is 

intended to support Presidential policy and timely notification, not 

inhibit the use of foreign launch vehicles where the Agency feels 

it helps to meet program goals. 

Sec. 110. Whistleblower protection 

Given that concerns have been expressed about the reporting 

systems available within NASA and the potential for retaliation 

against whistleblowers, the conferees want to ensure that NASA 

58 

develops and implements a plan, consistent with existing law, that 

provides for the protection of the rights of its employees and prevents retaliation against its employees who raise concerns (1) about 

substantial and specific dangers to public health or safety or (2) 

about substantial and specific factors that could threaten the success of a mission. The conferees intend for the phrase ‘‘public 

health or safety’’ to include matters that would affect the health or 

safety of NASA employees, but not the larger public. 

Sec. 201. Budget structure 

Section 201 establishes a budgetary structure for NASA for fiscal year 2007 and thereafter that consists of the following three appropriation accounts: ‘‘Science, Aeronautics, and Education’’, ‘‘Exploration Systems and Space Operations’’, and ‘‘Inspector General’’. 

The Science, Aeronautics, and Education appropriation account 

shall include all of the programs in the current Science (including 

both space science and earth science), Aeronautics, and Education 

lines proposed in the fiscal year 2006 request, except that the 

Robotic Lunar Exploration Program shall be transferred to the Exploration Systems and Space Operations appropriation account, as 

NASA has proposed. 

The Exploration Systems and Space Operations appropriation 

account shall include all programs currently in the Exploration 

Systems and the Space Operations budgets in the fiscal year 2006 

budget request. In addition, the ISS Crew and Cargo Services and 

the Robotic Lunar Exploration Program shall be included in the 

Exploration Systems budget, as NASA has proposed. The Space 

Operations budget shall include the International Space Station 

and Space Shuttle programs and the Space and Flight Support 

line. 

The conferees encourage synergy between the Exploration and 

Space Operations programs to take advantage of common resources 

and capabilities, when appropriate. Taking advantage of such 

synergies between the programs should not require the reprogramming of funds because such synergies would merely require charging work related to exploration to the exploration budget and 

charging work related to space operations to the space operations 

budget. 

The conferees have included additional funding above the request for the Space Shuttle program in the Space Operations budget to address funding shortfalls in previous projections for Space 

Shuttle funding. 

While the conferees did not include authorization levels for fiscal year 2009, the conferees believe that NASA should continue to 

receive in fiscal year 2009 funding sufficient to allow it to pursue 

robust science, aeronautics and human space flight programs, including sufficient funding to enable the Space Shuttle to operate 

safely, to complete the assembly of the International Space Station, 

and to ensure a smooth transition to the CEV and CLV programs. 

The conferees note that the fiscal year 2006 Budget Request outyear projections did not adequately address Space Shuttle requirements. 

The conferees understand that NASA may not be able to adapt 

its internal accounting systems to the new appropriation account 

59 

structure before submitting its fiscal year 2007 budget request. 

NASA should adapt its systems to the new appropriation accounts 

as swiftly as possible. NASA must have completed the transition by 

the start of fiscal year 2007. The conferees expect that the Authorizing Committees will work with the Appropriations Committees to 

ensure that NASA has clear and uniform guidance from the Congress on which to base its transition. 

The conferees have granted limited transfer authority to NASA 

so that it will have the wherewithal to address the immediate costs 

to the agency of major disasters, acts of terrorism, or emergency 

rescues of astronauts. It is intended that such transfer authority be 

used sparingly, and that the affected accounts be restored to the 

maximum extent practicable by subsequent supplementary funding. The conferees wish to emphasize that the provision of such 

transfer authority should not be construed as obviating the need to 

have supplementary funding provided to the agency once the immediate crisis has passed. 

The conferees expect that if any funds authorized by this Act 

are subject to a reprogramming action (within an account) that requires notice to be provided to the Appropriations Committees of 

the House of Representatives and the Senate, notice of such action 

shall concurrently be provided to the Committee on Science of the 

House of Representatives and the Committee on Commerce, 

Science, and Transportation of the Senate. 

In addition, the conferees wish to discourage reprogramming 

actions that would further reduce the funding available to those 

programs for which the amount appropriated is less than the 

amount authorized in this Act. At a minimum, the conferees expect 

that notice will be provided to the Committee on Science of the 

House of Representatives and the Committee on Commerce, 

Science, and Transportation of the Senate that contains a full and 

complete statement of the proposed action, its rationale, and the 

expected impact of such an action. 

In view of the importance of fundamental research both to the 

education of the next generation of scientists and engineers as well 

as to the advancement of knowledge, the conferees urge the Administrator, when reprogramming funds to cover cost growth within a 

program, to protect funds intended for fundamental and applied research and analysis activities to the maximum extent practicable. 

Sec. 304. Assessment of science mission extensions 

The assessments performed under this section may be provided 

as a single report. The conferees encourage NASA to include all 

missions within the Sun-Earth Connections division that have exceeded their planned mission lifetime as part of the assessment required in section 304(a)(1), not just the minimum mandatory set of 

missions identified in that paragraph. 

Sec. 305. Microgravity research 

The conferees believe the United States needs to sustain a viable life and microgravity sciences research capability. 

60 

Sec. 316. Education 

The conferees agree that NASA’s education and public outreach programs can contribute to the availability of trained scientists, technologists, engineers, and educators to support U.S. 

technical geospatial workforce needs in the 21st century. 

Title IV. Aeronautics 

Title IV outlines NASA’s aeronautics research program. In recent years, this program has been recast several times. The authorization provided, in concert with the national aeronautics policy developed under section 101(c), should help NASA engage in an aeronautics program that is not radically reformed each fiscal year. 

The conferees recognize that over the past several years technological and operational breakthroughs in Unmanned Aerial Vehicles (UAVs) have greatly advanced the capabilities and utility of 

this class of aircraft. The conferees further note that integrating 

long endurance UAVs into regulated U.S. airspace safely, 

seamlessly and securely, will be beneficial to our future in aviation, 

security, and commerce. The conferees urge NASA to share its data 

and policy recommendations from NASA’s UAVs in the National 

Airspace System project to other relevant, federal agencies that ask 

for them. The conferees assume NASA will continue to fund this 

project in fiscal year 2006 and direct NASA to provide a report to 

the Committee on Science of the House of Representatives, and the 

Committee on Commerce, Science and Transportation of the Senate, not later than February 15, 2006, on the results and policy recommendations to date of the UAVs in the National Airspace System project. 

The conferees consider NASA’s aeronautics research and development capabilities to be an important national asset that, when 

appropriate, can be employed effectively to address challenges facing the nation in ensuring the security of the homeland. However, 

nothing in section 424 should be construed as requiring NASA to 

duplicate efforts underway at other agencies of the government. 

Rather, the conferees assume that any NASA activities in this area 

will be properly aligned with national requirements. 

Sec. 503. Requirements 

The conferees are concerned about the individuals and organizations who in good faith entered into contracts with NASA for Exploration Systems Research and Technology (ESR&T) and Human 

Systems Research and Technology (HSR&T) projects that NASA is 

now terminating in order to redirect funding to activities that it believes are of higher priority in its implementation of the new Exploration Systems Architecture. The conferees believe that NASA 

should work with the affected contractors to determine the extent 

to which the scope of the existing work plans might be altered to 

better comport with the goals of the new Exploration Systems Architecture, with emphasis on applications of enabling technologies 

to enhance exploration mission success. The conferees would urge 

NASA to notify affected contractors of the new Exploration Systems 

Architecture, and as part of the planned contract termination activities, provide them with a timetable and appropriate NASA technical assistance to determine whether an appropriate modification 

61 

of their contract scope would enable them to conform to the new 

priorities resulting from the Exploration Systems Architecture. 

Sec. 616. Museums 

The conferees recognize the important role that informal 

science education can play in capturing the imagination of the 

young and inspiring future scientists, mathematicians and engineers. The conferees encourage NASA to continue to look for opportunities to help science museums improve their offerings, particularly their programs to educate students and to attract more students from under-represented groups into scientific fields. As with 

other education programs, NASA should ensure that it is evaluating the impact of any grants it provides to help museums reach 

more students through new exhibits or programs. 

Sec. 618. Continuation of certain educational programs 

The National Space Grant College and Fellowship Program is 

a highly successful national network of colleges and universities 

that is supporting and enhancing science, technology, and mathematics education, research, and public outreach programs. The network includes over 850 affiliates in academia, business, museums 

and science centers, as well as state and local agencies. The Space 

Grant program provides scholarship and fellowship opportunities to 

students in every state, Puerto Rico, and the District of Columbia. 

Space Grant is an established and demonstrably effective national 

mechanism for attracting and retaining students in science, technology, and mathematics. The conferees strongly support its continuation at robust levels within NASA’s education program. 

The Experimental Program to Stimulate Competitive Research 

(EPSCoR) provides States of modest research infrastructure with 

funding to develop a more competitive research base within their 

State and member academic institutions. A total of seven Federal 

agencies conduct EPSCoR programs which build infrastructure and 

broaden the participation of states in the Federal research enterprise. The conferees strongly support its continuation at robust levels within NASA’s education program. 

Sec. 703. NASA scholarships 

Current law has two slightly different versions of law providing NASA with the authority to provide scholarships. Section 

703 corrects this disparity. 

ADDITIONAL CONCERNS

The conferees are aware of the issues surrounding NASA’s use 

of its Mission Management aircraft. Therefore, the conferees request that NASA transmit a report to the authorizing committees 

by April 1, 2006, describing current policies concerning the use of 

NASA aircraft, the source of those policies, the extent of any adverse impact to the Agency and its ability to fulfill its mandates as 

prescribed in the Space Act, as amended, and any recommended 

changes to those policies that would assist NASA in carrying out 

its operations in fulfillment of those mandates. 

62 

From the Committee on Science, for consideration of the 

Senate bill and the House amendment, and modifications 

committed to conference: 

SHERWOOD BOEHLERT, KEN CALVERT, RALPH M. HALL, LAMAR SMITH, BART GORDON, MARK UDALL, MICHAEL M. HONDA, Ms. Jackson-Lee of Texas is appointed in lieu of Mr. 

Honda for consideration of secs. 111 and 615 of the House 

amendment, and modifications committed to conference. 

SHEILA JACKSON-LEE, 

For consideration of the Senate bill and House amendment, and modifications committed to conference: 

TOM DELAY, 

Managers on the Part of the House. 

TED STEVENS, 

TRENT LOTT, 

KAY BAILEY HUTCHISON, 

DANIEL K. INOUYE, 

BILL NELSON, 

Managers on the Part of the Senate. 

Æ