S. 1281

One Hundred Ninth Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Tuesday,

the fourth day of January, two thousand and five

An Act

To authorize the programs of the National Aeronautics and Space Administration.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Aeronautics and Space Administration Authorization Act of 2005’’.

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

is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Definitions.

TITLE I—GENERAL PRINCIPLES AND REPORTS

Sec. 101. Responsibilities, policies, and plans.

Sec. 102. Reports.

Sec. 103. Baselines and cost controls.

Sec. 104. Prize authority.

Sec. 105. Foreign launch vehicles.

Sec. 106. Safety management.

Sec. 107. Lessons learned and best practices.

Sec. 108. Commercialization plan.

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

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.
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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.

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.
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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.

(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

Sun-Earth 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.
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(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.

(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;
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(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):

(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
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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 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.
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(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 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);
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(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—

(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
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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.—

(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—
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(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.

(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.
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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 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
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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.

(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);
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(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.

(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
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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

Program Annual Report shall describe any changes to the

information that had been provided in the Baseline Report,

and the reasons for those changes.

(c) NOTIFICATION.—

(1) REQUIREMENT.—The individual identified under subsection (b)(2)(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
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(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

(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
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(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 the performance of the space and aeronautical activities of the

Administration. The Administration may carry out a program to

award prizes only in conformity with this section. ‘‘(b) TOPICS.—In selecting topics for prize competitions, the

Administrator shall consult widely both within and outside the

Federal Government, and may empanel advisory committees. ‘‘(c) ADVERTISING.—The Administrator shall widely advertise

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

Register announcing the subject of the competition, the rules for

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

prize, and the basis on which a winner will be selected. ‘‘(e) ELIGIBILITY.—To be eligible to win a prize under this section, an individual or entity—

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

pursuant to any rules promulgated by the Administrator under

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

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

in and maintain a primary place of business in the United

States, and in the case of an individual, whether participating

singly or in a group, shall be a citizen or permanent resident

of the United States; and ‘‘(4) shall not be a Federal entity or Federal employee

acting within the scope of their employment.

‘‘(f) LIABILITY.—(1) Registered participants must agree to

assume any and all risks and waive claims against the 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
S. 1281—17

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 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.
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‘‘(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 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 continueto-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
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its major programs and projects not later than 180 days after

the date of enactment of this Act. The implementation plan shall

be updated and maintained to ensure that it is current and consistent with the burgeoning culture of learning and safety that

is emerging at NASA.

(b) REQUIRED CONTENT.—The implementation plan shall contain at a minimum the lessons learned and best practices requirements for NASA, the organizations or positions responsible for

enforcement of the requirements, the reporting structure, and the

objective performance measures indicating the effectiveness of the

activity.

(c) INCENTIVES.—The Administrator shall provide incentives

to encourage sharing and implementation of lessons learned and

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

penalties for programs and projects that are determined not to

have demonstrated use of those resources.

SEC. 108. COMMERCIALIZATION PLAN.

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

relevant agencies, shall develop a commercialization plan to support

the human missions to the Moon and Mars, to support low-Earth

orbit activities and earth science missions and applications, and

to transfer science research and technology to society. The plan

shall identify opportunities for the private sector to participate

in the future missions and activities, including opportunities for

partnership between NASA and the private sector in conducting

research and the development of technologies and services. The

plan shall include provisions for developing and funding sustained

university and industry partnerships to conduct commercial

research and technology development, to proactively translate

results of space research to Earth benefits, to advance United

States economic interests, and to support the vision for exploration.

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—
S. 1281—20

(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.

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
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(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:

‘‘(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),
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$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 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 full-cost 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
S. 1281—23

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.

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
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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 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.
S. 1281—25

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 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
S. 1281—26

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 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
S. 1281—27

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;

(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
S. 1281—28

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.

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
S. 1281—29

Survey program to achieve 90 percent completion of its nearEarth object catalogue (based on statistically predicted populations of near-Earth objects) within 15 years after the date

of enactment of this Act.

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

and Space Act of 1958 (42 U.S.C. 2451) is amended— (A) by redesignating subsection (g) as subsection (h);

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

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

of the United States require that the unique competence of the

National Aeronautics and Space Administration be directed to

detecting, tracking, cataloguing, and characterizing near-Earth

asteroids and comets in order to provide warning and mitigation

of the potential hazard of such near-Earth objects to the Earth.’’;

and

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

inserting ‘‘(f), and (g)’’. (3) 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

ground-based and space-based alternatives with technical

descriptions.

(B) A recommended option and proposed budget to

carry out the Survey program pursuant to the recommended option.

(C) 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.
S. 1281—30

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,

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.
S. 1281—31

(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

vehicles. 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
S. 1281—32

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.

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,
S. 1281—33

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

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
S. 1281—34

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.

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.
S. 1281—35

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

(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;

(2) be used for a diverse range of microgravity research,

including fundamental, applied, and commercial research, consistent with section 305;

(3) 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
S. 1281—36

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;

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

heavy-lift or commercially-developed launch vehicles;

(5) 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

(6) 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

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
S. 1281—37

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;

(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
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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.

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

low-income populations; and

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

women and minorities in the science and engineering professions.

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

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

‘Pete’ Conrad Astronomy Awards Act’’.

(b) DEFINITIONS.—For the purposes of this section— (1) the term ‘‘amateur astronomer’’ means an individual

whose employer does not provide any funding, payment, or

compensation to the individual for the observation of asteroids
S. 1281—39

and other celestial bodies, and does not include any individual

employed as a professional astronomer;

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

Center of the Smithsonian Astrophysical Observatory;

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

a perihelion distance of less than 1.3 Astronomical Units from

the Sun; and

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

Astronomy Awards Program established under subsection (c).

(c) PETE CONRAD ASTRONOMY AWARD PROGRAM.—

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

Charles ‘‘Pete’’ Conrad Astronomy Awards Program.

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

the Program based on the recommendations of the Minor Planet

Center.

(3) AWARD CATEGORIES.—The Administrator shall make one

annual award, unless there are no eligible discoveries or contributions, for each of the following categories:

(A) The amateur astronomer or group of amateur

astronomers who in the preceding calendar year discovered

the intrinsically brightest near-Earth asteroid among the

near-Earth asteroids that were discovered during that year

by amateur astronomers or groups of amateur astronomers.

(B) The amateur astronomer or group of amateur

astronomers who made the greatest contribution to the

Minor Planet Center’s mission of cataloguing near-Earth

asteroids during the preceding year.

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

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

or permanent resident of the United States at the time of

his discovery or contribution may receive an award under this

section.

(B) The decisions of the Administrator in making

awards under this section are final.

SEC. 614. REVIEW OF EDUCATION PROGRAMS.

(a) IN GENERAL.—The Administrator shall enter into an

arrangement with the National Research Council of the National

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

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
S. 1281—40

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 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
S. 1281—41

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 recommendations 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
S. 1281—42

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.’’.

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.
S. 1281—43

‘‘(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: ‘‘(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
S. 1281—44

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 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.
S. 1281—45

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 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).
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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 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.

(b) 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.
S. 1281—47

(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.

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.
S. 1281—48

(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.

(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
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(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, 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
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upon by a Commission, may appoint and fix the compensation

of a staff director and such other personnel as may be necessary

to enable the Commission to carry out its functions.

(b) DETAILEES.—Any Federal Government employee, except for

an employee of NASA, may be detailed to a Commission without

reimbursement from the Commission, and such detailee shall retain

the rights, status, and privileges of his or her regular employment

without interruption.

(c) CONSULTANT SERVICES.—A Commission may procure the

services of experts and consultants in accordance with section 3109

of title 5, United States Code, but at rates not to exceed the

daily rate paid a person occupying a position at level IV of the

Executive Schedule under section 5315 of title 5, United States

Code. Any consultant or expert whose services are procured under

this subsection shall disclose any contract or association it has

with NASA or any NASA contractor.

SEC. 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).
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(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.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.