II 

109TH CONGRESS 

1ST SESSION S. 1281 

To authorize appropriations for the National Aeronautics and Space Administration for science, aeronautics, exploration, exploration capabilities, and 

the Inspector General, and for other purposes, for fiscal years 2006, 

2007, 2008, 2009, and 2010. 

IN THE SENATE OF THE UNITED STATES 

JUNE 21, 2005 

Mrs. HUTCHISON (for herself, Mr. NELSON of Florida, Mr. STEVENS, and Mr. 

INOUYE) introduced the following bill; which was read twice and referred 

to the Committee on Commerce, Science, and Transportation 

A BILL 

To authorize appropriations for the National Aeronautics 

and Space Administration for science, aeronautics, exploration, exploration capabilities, and the Inspector General, and for other purposes, for fiscal years 2006, 2007, 

2008, 2009, and 2010. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as ‘‘Na5 tional Aeronautics and Space Administration Authoriza6 tion Act of 2005’’. 
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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

Sec. 3. Definitions. 

TITLE I—AUTHORIZATION OF APPROPRIATIONS 

SUBTITLE A—AUTHORIZATIONS

Sec. 101. Fiscal year 2006. 

Sec. 102. Fiscal year 2007. 

Sec. 103. Fiscal year 2008. 

Sec. 104. Fiscal year 2009. 

Sec. 105. Fiscal year 2010. 

Sec. 106. Evaluation criteria for budget request. 

SUBTITLE B—GENERAL PROVISIONS

Sec. 131. Implementation of a science program that extends human knowledge 

and understanding of the Earth, sun, solar system, and the 

universe. 

Sec. 132. Biennial reports to Congress on science programs. 

Sec. 133. Status report on Hubble Space Telescope servicing mission. 

Sec. 134. Develop expanded permanent human presence beyond low-Earth 

orbit. 

Sec. 135. Ground-based analog capabilities. 

Sec. 136. Space launch and transportation transition, capabilities, and development. 

Sec. 137. National policy for aeronautics research and development. 

Sec. 138. Identification of unique NASA core aeronautics research. 

Sec. 139. Lessons learned and best practices. 

Sec. 140. Safety management. 

Sec. 141. Creation of a budget structure that aids effective oversight and management. 

Sec. 142. Earth observing system. 

SUBTITLE C—LIMITATIONS AND SPECIAL AUTHORITY

Sec. 161. Official representational fund. 

Sec. 161. Facilities management. 

TITLE II—INTERNATIONAL SPACE STATION 

Sec. 201. International Space Station completion. 

Sec. 202. Research and support capabilities on international Space Station. 

Sec. 20d. National laboratory status for International Space Station. 

Sec. 204. Commercial support of International Space Station operations and 

utilization. 

Sec. 205. Use of the International Space Station and annual report. 

TITLE III—NATIONAL SPACE TRANSPORTATION POLICY 

Sec. 301. United States human-rated launch capacity assessment. 

Sec. 302. Space Shuttle transition. 
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Sec. 303. Commercial launch vehicles. 

Sec. 304. Secondary payload capability. 

TITLE IV—ENABLING COMMERCIAL ACTIVITY 

Sec. 401. Commercialization plan. 

Sec. 402. Authority for competitive prize program to encourage development of 

advanced space and aeronautical technologies. 

Sec. 403. Commercial goods and services. 

TITLE V—MISCELLANEOUS ADMINISTRATIVE IMPROVEMENTS 

Sec. 501. Extension of indemnification authority. 

Sec. 502. Intellectual property provisions. 

Sec. 503. Retrocession of jurisdiction. 

Sec. 504. Recovery and disposition authority. 

Sec. 505. Requirement for independent cost analysis. 

Sec. 506. Electronic access to business opportunities. 

Sec. 507. Reports elimination. 

1 SEC. 2. FINDINGS. 

2 The Congress finds the following: 

3 (1) It is the policy of the United States to ad4 vance United States scientific, security, and eco5 nomic interests through a healthy and active space 

6 exploration program. 

7 (2) Basic and applied research in space science, 

8 Earth science, and aeronautics remain a significant 

9 part of the Nation’s goals for the use and develop10 ment of space. Basic research and development is an 

11 important component of NASA’s program of explo12 ration and discovery. 

13 (3) Maintaining the capability to safely send 

14 humans into space is essential to United States na15 tional and economic security, United States pre16 eminence in space, and inspiring the next generation 

17 of explorers. Thus, a gap in United States human 
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1 space flight capability is harmful to the national in2 terest. 

3 (4) The exploration, development, and perma4 nent habitation of the Moon will— 

5 (A) inspire the Nation; 

6 (B) spur commerce, imagination, and ex7 citement around the world; and 

8 (C) open the possibility of further explo9 ration of Mars. 

10 (5) The establishment of the capability for con11 sistent access to and stewardship of the region be12 tween the Moon and Earth is in the national secu13 rity and commercial interests of the United States. 

14 (6) Commercial development of space, including 

15 exploration and other lawful uses, is in the interest 

16 of the United States and the international commu17 nity at large. 

18 (7) Research and access to capabilities to sup19 port a national laboratory facility within the United 

20 States segment of the ISS in low-Earth orbit are in 

21 the national policy interests of the United States, in22 cluding maintenance and development of an active 

23 and healthy stream of research from ground to space 

24 in areas that can uniquely benefit from access to 

25 this facility. 
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1 (8) NASA should develop vehicles to replace the 

2 Shuttle orbiter’s capabilities for transporting crew 

3 and heavy cargo while utilizing the current pro4 gram’s resources, including human capital, capabili5 ties, and infrastructure. Using these resources can 

6 ease the transition to a new space transportation 

7 system, maintain an essential industrial base, and 

8 minimize technology and safety risks. 

9 (9) The United States should remain the world 

10 leader in aeronautics and aviation. NASA should 

11 align its aerospace research to ensure United States 

12 leadership. A national effort is needed to assess 

13 NASA’s aeronautics programs and infrastructure to 

14 allow a consolidated national approach that ensures 

15 efficiency and national preeminence in aeronautics 

16 and aviation. 

17 SEC. 3. DEFINITIONS. 

18 In this Act: 

19 (1) ADMINISTRATOR.—The term ‘‘Adminis20 trator’’ means the Administrator of the National 

21 Aeronautics and Space Administration. 

22 (2) ISS.—The term ‘‘ISS’’ means the inter23 national space station. 

24 (3) NASA.—The term ‘‘NASA’’ means the Na25 tional Aeronautics and Space Administration. 
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1 (4) SHUTTLE-DERIVED VEHICLE.—The term 

2 ‘‘shuttle-derived vehicle’’ means any new space 

3 transportation vehicle, piloted or unpiloted, that— 

4 (A) is capable of supporting crew or cargo 

5 missions; and 

6 (B) uses a major component of NASA’s 

7 Space Transportation System, such as the solid 

8 rocket booster, external tank, engine, and or9 biter. 

10 (5) IN-SITU RESOURCE UTILIZATION.—The 

11 term ‘‘in-situ resource utilization’’ means the tech12 nology or systems that can convert indigenous or lo13 cally-situated substances into useful materials and 

14 products. 

15 TITLE I—AUTHORIZATION OF 

16 APPROPRIATIONS 

17 Subtitle A—Authorizations 

18 SEC. 101. FISCAL YEAR 2006. 

19 There are authorized to be appropriated to the Na20 tional Aeronautics and Space Administration, for fiscal 

21 year 2006 $16,556,400,000, as follows: 

22 (1) For science, aeronautics and exploration, 

23 $9,661,000,000 for the following programs (includ24 ing amounts for construction of facilities). 
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1 (2) For exploration capabilities, 

2 $6,863,000,000, (including amounts for construction 

3 of facilities), which shall be used for space oper4 ations, and out of which $100,000,000 shall be used 

5 for the purposes of section 202 of this Act. 

6 (3) For the Office of Inspector General, 

7 $32,400,000. 

8 SEC. 102. FISCAL YEAR 2007. 

9 There are authorized to be appropriated to the Na10 tional Aeronautics and Space Administration, for fiscal 

11 year 2007, $17,052,900,000, as follows: 

12 (1) $10,549,800,000 for science, aeronautics 

13 and exploration (including amounts for construction 

14 of facilities). 

15 (2) For exploration capabilities, 

16 $6,469,600,000, for the following programs (includ17 ing amounts for construction of facilities), of which 

18 $6,469,600,000 shall be for space operations. 

19 (3) For the Office of Inspector General, 

20 $33,500,000. 

21 SEC. 103. FISCAL YEAR 2008. 

22 There are authorized to be appropriated to the Na23 tional Aeronautics and Space Administration, for fiscal 

24 year 2008, $17,470,900,000. 
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1 SEC. 104. FISCAL YEAR 2009. 

2 There are authorized to be appropriated to the Na3 tional Aeronautics and Space Administration, for fiscal 

4 year 2009, $17,995,000,000. 

5 SEC. 105. FISCAL YEAR 2010. 

6 There are authorized to be appropriated to the Na7 tional Aeronautics and Space Administration, for fiscal 

8 year 2010, $18,534,900,000. 

9 SEC. 106. EVALUATION CRITERIA FOR BUDGET REQUEST. 

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

11 the United States submitted to the Congress after the date 

12 of enactment of this Act should be evaluated for compli13 ance with the findings and priorities established by this 

14 Act and the amendments made by this Act. 

15 Subtitle B—General Provisions 

16 SEC. 131. IMPLEMENTATION OF A SCIENCE PROGRAM THAT 

17 EXTENDS HUMAN KNOWLEDGE AND UNDER18 STANDING OF THE EARTH, SUN, SOLAR SYS19 TEM, AND THE UNIVERSE. 

20 The Administrator shall— 

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

22 activities aimed at better comprehension of the uni23 verse, solar system, and Earth, and ensure that the 

24 various areas within NASA’s science portfolio are 

25 developed and maintained in a balanced and healthy 

26 manner; 
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1 (2) plan projected Mars exploration activities in 

2 the context of planned lunar robotic precursor mis3 sions, ensuring the ability to conduct a broad set of 

4 scientific investigations and research around and on 

5 the Moon’s surface; 

6 (3) upon successful completion of the planned 

7 return-to-flight schedule of the Space Shuttle, deter8 mine the schedule for a Shuttle servicing mission to 

9 the Hubble Space Telescope, unless such a mission 

10 would compromise astronaut or safety or the integ11 rity of NASA’s other missions; 

12 (4) ensure that, in implementing the provisions 

13 of this section, appropriate inter-agency and com14 mercial collaboration opportunities are sought and 

15 utilized to the maximum feasible extent; 

16 (5) seek opportunities to diversify the flight op17 portunities for scientific Earth science instruments 

18 and seek innovation in the development of instru19 ments that would enable greater flight opportunities; 

20 (6) develop a long term sustainable relationship 

21 with the United States commercial remote sensing 

22 industry, and, consistent with applicable policies and 

23 law, to the maximum practical extent, rely on their 

24 services; 
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1 (7) in conjunction with United States industry 

2 and universities, develop Earth science applications 

3 to enhance Federal, State, local, regional, and tribal 

4 agencies that use government and commercial re5 mote sensing capabilities and other sources of 

6 geospatial information to address their needs; and 

7 (8) plan, develop, and implement a near-Earth 

8 object survey program to detect, track, catalogue, 

9 and characterize the physical characteristics of near10 Earth asteroids and comets in order to assess the 

11 threat of such near-Earth objects in impacting the 

12 Earth. 

13 SEC. 132. BIENNIAL REPORTS TO CONGRESS ON SCIENCE 

14 PROGRAMS. 

15 (a) IN GENERAL.—Within 180 days after the date 

16 of enactment of this Act and every 2 years thereafter, the 

17 Administrator shall transmit a report to the Senate Com18 mittee on Commerce, Science, and Transportation and the 

19 House of Representatives Committee on Science setting 

20 forth in detail— 

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

22 assessment of the balance within its science portfolio 

23 and any efforts to adjust that balance among the 

24 major program areas, including the areas referred to 

25 in section 131; 
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1 (2) any activities undertaken by the Adminis2 tration to conform with the Sun-Earth science and 

3 applications direction provided in section 131; and 

4 (3) efforts to enhance near-Earth object detec5 tion and observation. 

6 (b) EXTERNAL REVIEW FINDINGS.—The Adminis7 trator shall include in each report submitted under this 

8 section a summary of findings and recommendations from 

9 any external reviews of the Administration’s science mis10 sion priorities and programs. 

11 SEC. 133. STATUS REPORT ON HUBBLE SPACE TELESCOPE 

12 SERVICING MISSION. 

13 Within 60 days after the landing of the second Space 

14 Shuttle mission for return-to-flight certification, the Ad15 ministrator shall transmit to the Senate Committee on 

16 Commerce, Science, and Transportation and the House of 

17 Representatives Committee on Science a one-time status 

18 report on a Hubble Space Telescope servicing mission. 

19 SEC. 134. DEVELOP EXPANDED PERMANENT HUMAN PRES20 ENCE BEYOND LOW-EARTH ORBIT. 

21 (a) IN GENERAL.—As part of the programs author22 ized under the National Aeronautics and Space Act of 

23 1958 (42 U.S.C. 2451 et seq.), the Administrator shall 

24 establish a program to develop a permanently sustained 

25 human presence on the Moon, in tandem with an extensive 
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1 precursor program, to support security, commerce, and 

2 scientific pursuits, and as a stepping-stone to future explo3 ration of Mars. The Administrator is further authorized 

4 to develop and conduct international collaborations in pur5 suit of these goals, as appropriate. 

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

7 the Administrator shall— 

8 (1) implement an effective exploration tech9 nology program that is focused around the key needs 

10 to support lunar human and robotic operations; 

11 (2) as part of NASA’s annual budget submis12 sion, submit to the Congress the detailed mission, 

13 schedule, and budget for key lunar mission-enabling 

14 technology areas, including areas for possible innova15 tive governmental and commercial activities and 

16 partnerships; 

17 (3) as part of NASA’s annual budget submis18 sion, submit to the Congress a plan for NASA’s 

19 lunar robotic precursor and technology programs, in20 cluding current and planned technology investments 

21 and scientific research that support the lunar pro22 gram; and 

23 (4) conduct an intensive in-situ resource utiliza24 tion technology program in order to develop the ca25 pability to use space resources to increase independ-
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1 ence from Earth, and sustain exploration beyond 

2 low-Earth orbit. 

3 SEC. 135. GROUND-BASED ANALOG CAPABILITIES. 

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

5 a ground-based analog capability in remote United States 

6 locations in order to assist in the development of lunar 

7 operations, life support, and in-situ resource utilization ex8 perience and capabilities. 

9 (b) LOCATIONS.—The Administrator shall select loca10 tions for subsection (a) in places that— 

11 (1) are regularly accessible; 

12 (2) have significant temperature extremes and 

13 range; and 

14 (3) have access to energy and natural resources 

15 (including geothermal, permafrost, volcanic, and 

16 other potential resources). 

17 (c) INVOLVEMENT OF LOCAL POPULATIONS; PRI18 VATE SECTOR PARTNERS.—In carrying out this section, 

19 the Administrator shall involve local populations, aca20 demia, and industrial partners as much as possible to en21 sure that ground-based benefits and applications are en22 couraged and developed. 
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1 SEC. 136. SPACE LAUNCH AND TRANSPORTATION TRANSI2 TION, CAPABILITIES, AND DEVELOPMENT. 

3 (a) POST-ORBITER TRANSITION.—The Adminis4 trator shall develop an implementation plan for the transi5 tion to a new crew exploration vehicle and heavy-lift 

6 launch vehicle that uses the personnel, capabilities, assets, 

7 and infrastructure of the Space Shuttle to the fullest ex8 tent possible and addresses how NASA will accommodate 

9 the docking of the crew exploration vehicle to the ISS. 

10 (b) AUTOMATED RENDEZVOUS AND DOCKING.—The 

11 Administrator is directed to pursue aggressively auto12 mated rendezvous and docking capabilities that can sup13 port ISS and other mission requirements and include 

14 these activities, progress reports, and plans in the imple15 mentation plan. 

16 (c) CONGRESSIONAL SUBMISSION.—Within 120 days 

17 after the date of enactment of this Act the Administrator 

18 shall submit a copy of the implementation plan to the Sen19 ate Committee on Commerce, Science, and Transportation 

20 and the House of Representatives Committee on Science. 

21 SEC. 137. NATIONAL POLICY FOR AERONAUTICS RESEARCH 

22 AND DEVELOPMENT. 

23 (a) IN GENERAL.—The President, through the Direc24 tor of the Office of Science and Technology Policy, shall 

25 develop, in consultation with NASA and other relevant 

26 Federal agencies, a national aeronautics policy to guide 
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1 the aeronautics programs of the United States through the 

2 year 2020. 

3 (b) CONTENT.—At a minimum the national aero4 nautics policy shall describe— 

5 (1) national goals for aeronautics research; 

6 (2) the priority areas of research for aero7 nautics through fiscal year 2011; 

8 (3) the basis of which and the process by which 

9 priorities for ensuing fiscal years will be selected; 

10 and 

11 (4) respective roles and responsibilities of var12 ious Federal agencies in aeronautics research. 

13 (c) NATIONAL ASSESSMENT OF AERONAUTICS IN14 FRASTRUCTURE AND CAPABILITIES.—In developing the 

15 national aeronautics policy, the President, through the Di16 rector of the Office of Science and Technology Policy, shall 

17 conduct a national study of government-owned aeronautics 

18 research infrastructure to assess— 

19 (1) uniqueness, mission dependency, and indus20 try need; and 

21 (2) the development or initiation of a consoli22 dated national aviation research, development, and 

23 support organization. 

24 (d) SCHEDULE.—No later than 1 year after the date 

25 of enactment of this Act, the President’s Science Advisor 
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1 and the Administrator shall submit the national aero2 nautics policy to the Appropriations Committees of the 

3 House of Representatives and the Senate, the House Com4 mittee on Science, and the Senate Committee on Com5 merce, Science, and Transportation. 

6 SEC. 138. IDENTIFICATION OF UNIQUE NASA CORE AERO7 NAUTICS RESEARCH. 

8 Within 180 days after the date of enactment of this 

9 Act, the Administrator shall submit a report to the Senate 

10 Committee on Commerce, Science, and Transportation 

11 and the House of Representatives Committee on Science 

12 that assesses the aeronautics research program for its cur13 rent and potential application to new aeronautic and space 

14 vehicles and the unique aeronautical research and associ15 ated capabilities that must be retained and supported by 

16 NASA to further space exploration and support United 

17 States economic competitiveness. 

18 SEC 139. LESSONS LEARNED AND BEST PRACTICES 

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

20 an implementation plan describing NASA’s approach for 

21 obtaining, implementing, and sharing lessons learned and 

22 best practices for its major programs and projects within 

23 180 days after the date of enactment of this Act. The im24 plementation plan shall be updated and maintained to as-
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1 sure that it is current and consistent with the burgeoning 

2 culture of learning and safety that is emerging at NASA. 

3 (b) REQUIRED CONTENT.—The implementation plan 

4 shall contain as a minimum the lessons learned and best 

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

7 the reporting structure, and the objective performance 

8 measures indicating the effectiveness of the activity. 

9 (c) INCENTIVES.—The Administrator shall provide 

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

12 and programs; as well as penalties for programs and 

13 projects that are determined not to have demonstrated use 

14 of those resources. 

15 SEC. 140. SAFETY MANAGEMENT. 

16 Section 6 of the National Aeronautics and Space Ad17 ministration Authorization Act, 1968 (42 U.S.C. 2477) is 

18 amended— 

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

20 ‘‘There’’; 

21 (2) by striking ‘‘to it’’ and inserting ‘‘to it, in22 cluding evaluating NASA’s compliance with the re23 turn-to-flight and continue-to-fly recommendations 

24 of the Columbia Accident Investigation Board,’’; 
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1 (3) by inserting ‘‘and the Congress’’ after ‘‘ad2 vise the Administrator’’; 

3 (4) by striking ‘‘and with respect to the ade4 quacy of proposed or existing safety standards and 

5 shall’’ and inserting ‘‘with respect to the adequacy 

6 of proposed or existing safety standards, and with 

7 respect to management and culture. The Panel shall 

8 also’’; and 

9 (5) by adding at the end the following: 

10 ‘‘(b) ANNUAL REPORT.—The Panel shall submit an 

11 annual report to the Administrator and to the Congress. 

12 In the first annual report submitted after the date of en13 actment of the National Aeronautics and Space Adminis14 tration Authorization Act of 2005, the Panel shall include 

15 an evaluation of NASA’s safety management culture. 

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

17 the Congress that the Administrator should— 

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

19 safety concerns without fear of reprisal; 

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

21 the Columbia Accident Investigation Board for safe22 ly returning and continuing to fly; and 

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

24 to time of NASA’s progress in meeting those rec25 ommendations.’’. 
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1 SEC. 141. CREATION OF A BUDGET STRUCTURE THAT AIDS 

2 EFFECTIVE OVERSIGHT AND MANAGEMENT. 

3 In developing NASA’s budget request for inclusion in 

4 the Budget of the United States for fiscal year 2007 and 

5 thereafter, the Administrator shall— 

6 (1) include line items for— 

7 (A) science, aeronautics, and exploration; 

8 (B) exploration capabilities; and 

9 (C) the Office of the Inspector General; 

10 (2) enumerate separately, within the science, 

11 aeronautics, and exploration account, the requests 

12 for— 

13 (A) space science; 

14 (B) Earth science; and 

15 (C) aeronautics; 

16 (3) include, within the exploration capabilities 

17 account, the requests for— 

18 (A) the Space Shuttle; and 

19 (B) the ISS; and 

20 (4) enumerate separately the specific request 

21 for the independent technical authority within the 

22 appropriate account. 

23 SEC. 142. EARTH OBSERVING SYSTEM. 

24 (a) IN GENERAL.—Within 6 months after the date 

25 of enactment of this Act, the Administrator, in consulta26 tion with the Administrator of the National Oceanic and 
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1 Atmospheric Administration and the Director of the 

2 United States Geological Survey, shall submit a plan to 

3 the Senate Committee on Commerce, Science, and Trans4 portation and the House of Representatives Committee on 

5 Science to ensure the long-term vitality of the earth ob6 serving system at NASA. 

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

8 (1) address such issues as— 

9 (A) out-year budgetary projections; 

10 (B) technical requirements for the system; 

11 and 

12 (C) integration into the Global Earth Ob13 serving System of Systems; and 

14 (2) evaluate— 

15 (A) the need to proceed with any NASA 

16 missions that have been delayed or canceled; 

17 (B) plans for transferring needed capabili18 ties from some canceled or de-scoped missions 

19 to the National Polar-orbiting Environmental 

20 Satellite System; 

21 (C) the technical base for exploratory earth 

22 observing systems; 

23 (D) the need to strengthen research and 

24 analysis programs; and 
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1 (E) the need to strengthen the approach to 

2 obtaining important climate observations and 

3 data records. 

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

5 section, the term ‘‘earth observing system’’ means the se6 ries of satellites, a science component, and a data system 

7 for long-term global observations of the land surface, bio8 sphere, solid Earth, atmosphere, and oceans. 

9 Subtitle C—Limitations and 

10 Special Authority 

11 SEC. 161. OFFICIAL REPRESENTATIONAL FUND. 

12 Amounts appropriated pursuant to paragraphs (1) 

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

14 $70,000, for official reception and representation ex15 penses. 

16 SEC. 162. FACILITIES MANAGEMENT. 

17 (a) IN GENERAL.—Notwithstanding any other provi18 sion of law, the Administrator may convey, by sale, lease, 

19 exchange, or otherwise, including through leaseback ar20 rangements, real and related personal property under the 

21 custody and control of the Administration, or interests 

22 therein, and retain the net proceeds of such dispositions 

23 in an account within NASA’s working capital fund to be 

24 used for NASA’s real property capital needs. All net pro25 ceeds realized under this section shall be obligated or ex-
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1 pended only as authorized by appropriations Acts. To aid 

2 in the use of this authority, NASA shall develop a facilities 

3 investment plan that takes into account uniqueness, mis4 sion dependency, and other studies required by this Act. 

5 (b) APPLICATION OF OTHER LAW.—Sales trans6 actions under this section are subject to section 501 of 

7 the McKinney-Vento Homeless Assistance Act (42 U.S.C. 

8 11411). 

9 (c) NOTICE OF REPROGRAMMING.—If any funds au10 thorized by this Act are subject to a reprogramming action 

11 that requires notice to be provided to the Appropriations 

12 Committees of the House of Representatives and the Sen13 ate, notice of such action shall concurrently be provided 

14 to the House of Representatives Committee on Science 

15 and the Senate Committee on Commerce, Science, and 

16 Transportation. 

17 (d) DEFINITIONS.—In this section: 

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

19 means the rental and other sums received less the 

20 costs of the disposition. 

21 (2) REAL PROPERTY CAPITAL NEEDS.—The 

22 term ‘‘real property capital needs’’ means any ex23 penses necessary and incident to the agency’s real 

24 property capital acquisitions, improvements, and dis25 positions. 
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1 TITLE II—INTERNATIONAL 

2 SPACE STATION 

3 SEC. 201. INTERNATIONAL SPACE STATION COMPLETION. 

4 (a) ELEMENTS, CAPABILITIES, AND CONFIGURATION

5 CRITERIA.—The Administrator shall ensure that the ISS 

6 will be able to— 

7 (1) fulfill international partner agreements and 

8 provide a diverse range of research capacity, includ9 ing a high rate of human biomedical research proto10 cols, countermeasures, applied bio-technologies, tech11 nology and exploration research, and other priority 

12 areas; 

13 (2) have an ability to support crew size of at 

14 least 6 persons; 

15 (3) support crew exploration vehicle docking 

16 and automated docking of cargo vehicles or modules 

17 launched by either heavy-lift or commercially-devel18 oped launch vehicles; and 

19 (4) be operated at an appropriate risk level. 

20 (b) CONTINGENCY PLAN.—The transportation plan 

21 to support ISS shall include contingency options to ensure 

22 sufficient logistics and on-orbit capabilities to support any 

23 potential hiatus between Space Shuttle availability and fol24 low-on crew and cargo systems, and provide sufficient pre- 
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1 positioning of spares and other supplies needed to accom2 modate any such hiatus. 

3 (c) CERTIFICATION.—Within 180 days after the date 

4 of enactment of this Act, and before making any change 

5 in the ISS assembly sequence in effect on the date of en6 actment of this Act, the Administrator shall certify in 

7 writing to the Senate Committee on Commerce, Science, 

8 and Transportation and the House of Representatives 

9 Committee on Science NASA’s plan to meet the require10 ments of subsections (a) and (b). 

11 (d) COST LIMITATION FOR THE ISS.—Within 6 

12 months after the date of enactment of this Act, the Ad13 ministrator shall submit to the Congress information per14 taining to the impact of the Columbia accident and the 

15 implementation of full cost accounting on the development 

16 costs of the International Space Station. The Adminis17 trator shall also identify any statutory changes needed to 

18 section 202 of the NASA Authorization Act of 2000 to 

19 address those impacts. 

20 SEC. 202. RESEARCH AND SUPPORT CAPABILITIES ON 

21 INTERNATIONAL SPACE STATION. 

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

23 (1) within 60 days after the date of enactment 

24 of this Act, provide an assessment of biomedical and 

25 life science research planned for implementation 
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1 aboard the ISS that includes the identification of re2 search which can be performed in ground-based fa3 cilities and then, if appropriate, validated in space to 

4 the Senate Committee on Commerce, Science, and 

5 Transportation and the House of Representatives 

6 Committee on Science; 

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

8 research leading to spaceflight of scientific research 

9 in a variety of disciplines with potential direct na10 tional benefits and applications that can advance 

11 significantly from the uniqueness of micro-gravity; 

12 (3) restore and protect such potential ISS re13 search activities as molecular crystal growth, animal 

14 research, basic fluid physics, combustion research, 

15 cellular biotechnology, low temperature physics, and 

16 cellular research at a level which will sustain the ex17 isting scientific expertise and research capabilities 

18 until such time as additional funding or resources 

19 from sources other than NASA can be identified to 

20 support these activities within the framework of the 

21 National Laboratory provided for in section 203 of 

22 this Act; and 

23 (4) within 1 year after the date of enactment 

24 of this Act, develop a research plan that will dem25 onstrate the process by which NASA will evolve the 
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1 ISS research portfolio in a manner consistent with 

2 the planned growth and evolution of ISS on-orbit 

3 and transportation capabilities. 

4 (b) MAINTENANCE OF ON-ORBIT ANALYTICAL CAPA5 BILITIES.—The Administrator shall ensure that on-orbit 

6 analytical capabilities to support diagnostic human re7 search, as well as on-orbit characterization of molecular 

8 crystal growth, cellular research, and other research prod9 ucts and results are developed and maintained, as an al10 ternative to Earth-based analysis requiring the capability 

11 of returning research products to Earth. 

12 (c) ASSESSMENT OF POTENTIAL SCIENTIFIC

13 USES.—The Administrator shall assess further potential 

14 possible scientific uses of the ISS for other applications, 

15 such as technology development, development of manufac16 turing processes, Earth observation and characterization, 

17 and astronomical observations. 

18 (d) TRANSITION TO PUBLIC–PRIVATE RESEARCH OP19 ERATIONS.—By no later than the date on which the as20 sembly of the ISS is complete (as determined by the Ad21 ministrator), the Administrator shall initiate steps to tran22 sition research operations on the ISS to a greater private– 

23 public operating relationship pursuant to section 203 of 

24 this Act. 
27 

•S 1281 IS 

1 SEC. 203. NATIONAL LABORATORY STATUS FOR INTER2 NATIONAL SPACE STATION. 

3 (a) IN GENERAL.—In order to accomplish the objec4 tives listed in section 202, the United States segment of 

5 the ISS is hereby designated a national laboratory facility. 

6 The Administrator, after consultation with the Director 

7 of the Office of Science and Technology Policy, shall de8 velop the national laboratory facility to oversee scientific 

9 utilization of an ISS national laboratory within the organi10 zational structure of NASA. 

11 (b) NATIONAL LABORATORY FUNCTIONS.—The Ad12 ministrator shall seek to use the national laboratory to in13 crease the utilization of the ISS by other national and 

14 commercial users and to maximize available NASA fund15 ing for research through partnerships, cost-sharing agree16 ments, and arrangements with non-NASA entities. 

17 (c) IMPLEMENTATION PLAN.—Within 1 year after 

18 the date of enactment of this Act, the Administrator shall 

19 provide an implementation plan to the Senate Committee 

20 on Commerce, Science, and Transportation and the House 

21 of Representatives Committee on Science for establish22 ment of the ISS national laboratory facility which, at a 

23 minimum, shall include— 

24 (1) proposed on-orbit laboratory functions; 

25 (2) proposed ground-based laboratory facilities; 
28 

•S 1281 IS 

1 (3) detailed laboratory management structure, 

2 concept of operations, and operational feasibility; 

3 (4) detailed plans for integration and conduct 

4 of ground and space-based research operations; 

5 (5) description of funding and workforce re6 source requirements necessary to establish and oper7 ate the laboratory; 

8 (6) plans for accommodation of existing inter9 national partner research obligations and commit10 ments; and 

11 (7) detailed outline of actions and timeline nec12 essary to implement and initiate operations of the 

13 laboratory. 

14 (d) U.S. SEGMENT DEFINED.—In this section the 

15 term ‘‘United States Segment of the ISS’’ means those 

16 elements of the ISS manufactured— 

17 (1) by the United States; or 

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

19 exchange for funds or launch services. 

20 SEC. 204. COMMERCIAL SUPPORT OF INTERNATIONAL 

21 SPACE STATION OPERATIONS AND UTILIZA22 TION. 

23 The Administrator shall purchase commercial serv24 ices for support of the ISS for cargo and other needs to 
29 

•S 1281 IS 

1 the maximum extent possible, in accordance with Federal 

2 procurement law. 

3 SEC. 205. USE OF THE INTERNATIONAL SPACE STATION 

4 AND ANNUAL REPORT. 

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

6 (1) to ensure diverse and growing utilization of 

7 benefits from the ISS; and 

8 (2) to increase commercial operations in low9 Earth orbit and beyond that are supported by na10 tional and commercial space transportation capabili11 ties. 

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

13 Administrator shall conduct broadly focused scientific and 

14 exploration research and development activities using the 

15 ISS in a manner consistent with the provisions of this 

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

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

18 operations, engineering, and scientific research. 

19 (c) REPORTS.—No later than March 31 of each year 

20 the Administrator shall submit a report to the Senate 

21 Committee on Commerce, Science, and Transportation 

22 and the House of Representatives Committee on Science 

23 on the use of the ISS for these purposes, with implementa24 tion milestones and associated results. 
30 

•S 1281 IS 

1 TITLE III—NATIONAL SPACE 

2 TRANSPORTATION POLICY 

3 SEC. 301. UNITED STATES HUMAN-RATED LAUNCH CAPAC4 ITY ASSESSMENT. 

5 Notwithstanding any other provision of law, the Ad6 ministrator shall, within 60 days after the date of enact7 ment of this Act, provide to the Senate Committee on 

8 Commerce, Science, and Transportation and the House of 

9 Representatives Committee on Science, a full description 

10 of the transportation requirements needed to support the 

11 space launch and transportation transition implementa12 tion plan required by section 136 of this Act, as well as 

13 for the ISS, including— 

14 (1) the manner in which the capabilities of any 

15 proposed human-rated crew and launch vehicles 

16 meet the requirements of the implementation plan 

17 under section 136 of this Act; 

18 (2) a retention plan of skilled personnel from 

19 the legacy Shuttle program which will sustain the 

20 level of safety for that program through the final 

21 flight and transition plan that will ensure that any 

22 NASA programs can utilize the human capital re23 sources of the Shuttle program, to the maximum ex24 tent practicable; 
31 

•S 1281 IS 

1 (3) the implications for and impact on the Na2 tion’s aerospace industrial base; 

3 (4) the manner in which the proposed vehicles 

4 contribute to a national mixed fleet launch and flight 

5 capacity; 

6 (5) the nature and timing of the transition from 

7 the Space Shuttle to the workforce, the proposed ve8 hicles, and any related infrastructure; 

9 (6) support for ISS crew transportation, ISS 

10 utilization, and lunar exploration architecture; 

11 (7) for any human rated vehicle, a crew escape 

12 system, as well as substantial protection against or13 bital debris strikes that offers a high level of safety; 

14 (8) development risk areas; 

15 (9) the schedule and cost; 

16 (10) the relationship between crew and cargo 

17 capabilities; and 

18 (11) the ability to reduce risk through the use 

19 of currently qualified hardware. 

20 SEC. 302. SPACE SHUTTLE TRANSITION. 

21 (a) IN GENERAL.—In order to ensure continuous 

22 human access to space, the Administrator may not retire 

23 the Space Shuttle orbiter until a replacement human-rated 

24 spacecraft system has demonstrated that it can take hu25 mans into Earth orbit and return them safely, except as 
32 

•S 1281 IS 

1 may be provided by law enacted after the date of enact2 ment of this Act. The Administrator shall conduct the 

3 transition from the Space Shuttle orbiter to a replacement 

4 capability in a manner that uses the personnel, capabili5 ties, assets, and infrastructure of the current Space Shut6 tle program to the maximum extent feasible. 

7 (b) REPORT.—After providing the information re8 quired by section 301 to the Committees, the Adminis9 trator shall transmit a report to the Senate Committee 

10 on Commerce, Science, and Transportation and the House 

11 of Representatives Committee on Science containing a de12 tailed and comprehensive Space Shuttle transition plan 

13 that includes any necessary recertification, including re14 quirements, assumptions, and milestones, in order to uti15 lize the Space Shuttle orbiter beyond calendar year 2010. 

16 (c) CONTRACT TERMINATIONS; VENDOR REPLACE17 MENTS.—The Administrator may not terminate any con18 tracts nor replace any vendors associated with the Space 

19 Shuttle until the Administrator transmits the report re20 quired by subsection (b) to the Committees. 

21 SEC. 303. COMMERCIAL LAUNCH VEHICLES. 

22 It is the sense of Congress that the Administrator 

23 should use current and emerging commercial launch vehi24 cles to fulfill appropriate mission needs, including the sup25 port of low-Earth orbit and lunar exploration operations. 
33 

•S 1281 IS 

1 SEC. 304. SECONDARY PAYLOAD CAPABILITY. 

2 In order to help develop a cadre of experienced engi3 neers and to provide more routine and affordable access 

4 to space, the Administrator shall provide the capabilities 

5 to support secondary payloads on United States launch 

6 vehicles, including free flyers, for satellites or scientific 

7 payloads weighing less than 500 kilograms. 

8 TITLE IV—ENABLING 

9 COMMERCIAL ACTIVITY 

10 SEC. 401. COMMERCIALIZATION PLAN. 

11 (a) IN GENERAL.—The Administrator, in consulta12 tion with the Associate Administrator for Space Transpor13 tation of the Federal Aviation Administration, the Direc14 tor of the Office of Space Commercialization of the De15 partment of Commerce, and any other relevant agencies, 

16 shall develop a commercialization plan to support the 

17 human missions to the Moon and Mars, to support Low18 Earth Orbit activities and Earth science mission and ap19 plications, and to transfer science research and technology 

20 to society. The plan shall identify opportunities for the pri21 vate sector to participate in the future missions and activi22 ties, including opportunities for partnership between 

23 NASA and the private sector in the development of tech24 nologies and services. 

25 (b) REPORT.—Within 180 days after the date of en26 actment of this Act, the Administrator shall submit a copy 
34 

•S 1281 IS 

1 of the plan to the Senate Committee on Commerce, 

2 Science, and Transportation and the House of Represent3 atives Committee on Science. 

4 SEC. 402. AUTHORITY FOR COMPETITIVE PRIZE PROGRAM 

5 TO ENCOURAGE DEVELOPMENT OF AD6 VANCED SPACE AND AERONAUTICAL TECH7 NOLOGIES. 

8 Title III of the National Aeronautics and Space Act 

9 of 1958 (42 U.S.C. 2451 et seq.) is amended by adding 

10 at the end the following: 

11 ‘‘SEC. 316. PROGRAM ON COMPETITIVE AWARD OF PRIZES 

12 TO ENCOURAGE DEVELOPMENT OF AD13 VANCED SPACE AND AERONAUTICAL TECH14 NOLOGIES. 

15 ‘‘(a) PROGRAM AUTHORIZED.— 

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

17 carry out a program to award prizes to stimulate in18 novation in basic and applied research, technology 

19 development, and prototype demonstration that have 

20 the potential for application to the performance of 

21 the space and aeronautical activities of the Adminis22 tration. 

23 ‘‘(2) USE OF PRIZE AUTHORITY.—In carrying 

24 out the program, the Administrator shall seek to de25 velop and support technologies and areas identified 
35 

•S 1281 IS 

1 in section 134 of this Act or other areas that the 

2 Administrator determines to be providing impetus to 

3 NASA’s overall exploration and science architecture 

4 and plans, such as private efforts to detect near 

5 Earth objects and, where practicable, utilize the 

6 prize winner’s technologies in fulfilling NASA’s mis7 sions. The Administrator shall widely advertise any 

8 competitions conducted under the program and must 

9 include advertising to research universities. 

10 ‘‘(3) COORDINATION.—The program shall be 

11 implemented in compliance with section 138 of the 

12 National Aeronautics and Space Administration Au13 thorization Act of 2005. 

14 ‘‘(b) PROGRAM REQUIREMENTS.— 

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

16 prizes under the program under this section shall be 

17 selected through one or more competitions conducted 

18 by the Administrator. 

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

20 widely advertise any competitions conducted under 

21 the program. 

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

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

24 of a prize in a competition under the program under 

25 this section shall register for the competition. 
36 

•S 1281 IS 

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

2 a competition under paragraph (1), a potential re3 cipient of a prize shall assume any and all risks, and 

4 waive claims against the United States Government 

5 and its related entities, for any injury, death, dam6 age, or loss of property, revenue, or profits, whether 

7 direct, indirect, or consequential, arising from par8 ticipation in the competition, whether such injury, 

9 death, damage, or loss arises through negligence or 

10 otherwise, except in the case of willful misconduct. 

11 ‘‘(3) RELATED ENTITY DEFINED.—In this sub12 section, the term ‘related entity’ includes a con13 tractor or subcontractor at any tier, a supplier, user, 

14 customer, cooperating party, grantee, investigator, 

15 or detailee. 

16 ‘‘(d) LIMITATIONS.— 

17 ‘‘(1) TOTAL AMOUNT.—The total amount of 

18 cash prizes available for award in competitions 

19 under the program under this section in any fiscal 

20 year may not exceed $50,000,000. 

21 ‘‘(2) APPROVAL REQUIRED FOR LARGE

22 PRIZES.—No competition under the program may 

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

24 prizes without the approval of the Administrator or 

25 a designee of the Administrator. 
37 

•S 1281 IS 

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

2 Administrator may utilize the authority in this section in 

3 conjunction with or in addition to the utilization of any 

4 other authority of the Administrator to acquire, support, 

5 or stimulate basic and applied research, technology devel6 opment, or prototype demonstration projects. 

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

8 for the program authorized by this section shall remain 

9 available until expended.’’. 

10 SEC. 403. COMMERCIAL GOODS AND SERVICES. 

11 It is the sense of the Congress that NASA should 

12 purchase commercially available space goods and services 

13 to the fullest extent feasible in support of the human mis14 sions beyond Earth and should encourage commercial use 

15 and development of space to the greatest extent prac16 ticable. 

17 TITLE V—MISCELLANEOUS AD18 MINISTRATIVE IMPROVE19 MENTS 

20 SEC. 501. EXTENSION OF INDEMNIFICATION AUTHORITY. 

21 Section 309 of the National Aeronautics and Space 

22 Act of 1958 (42 U.S.C. 2458c) is amended by striking 

23 ‘‘December 31, 2002’’ and inserting ‘‘December 31, 

24 2007’’, and by striking ‘‘September 30, 2005’’ and insert25 ing ‘‘December 31, 2009’’. 
38 

•S 1281 IS 

1 SEC. 502. INTELLECTUAL PROPERTY PROVISIONS. 

2 Section 305 of the National Aeronautics and Space 

3 Act of 1958, as amended (42 U.S.C. 2457 et seq.), is 

4 amended by inserting after subsection (f) the following: 

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

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

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

8 203(c) of this Act (42 U.S.C. 2473(c)(5) or (6)), the 

9 Administrator may— 

10 ‘‘(A) grant or agree to grant in advance to 

11 a participating party, patent licenses or assign12 ments, or options thereto, in any invention 

13 made in whole or in part by an Administration 

14 employee under the agreement; or 

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

16 grant a license to an invention which is Feder17 ally owned, for which a patent application was 

18 filed before the signing of the agreement, and 

19 directly within the scope of the work under the 

20 agreement, for reasonable compensation when 

21 appropriate. 

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

23 ensure, through such agreement, that the partici24 pating party has the option to choose an exclusive 

25 license for a pre-negotiated field of use for any such 

26 invention under the agreement or, if there is more 
39 

•S 1281 IS 

1 than 1 participating party, that the participating 

2 parties are offered the option to hold licensing rights 

3 that collectively encompass the rights that would be 

4 held under such an exclusive license by one party. 

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

6 Government’s contribution under the agreement, 

7 grants under this subsection shall be subject to the 

8 following explicit conditions: 

9 ‘‘(A) A nonexclusive, nontransferable, ir10 revocable, paid-up license from the participating 

11 party to the Administration to practice the in12 vention or have the invention practiced through13 out the world by or on behalf of the Govern14 ment. In the exercise of such license, the Gov15 ernment shall not publicly disclose trade secrets 

16 or commercial or financial information that is 

17 privileged or confidential within the meaning of 

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

19 Code, or which would be considered as such if 

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

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

22 grants an exclusive license to such an invention, 

23 the Government shall retain the right— 

24 ‘‘(i) to require the participating party 

25 to grant to a responsible applicant a non-
40 

•S 1281 IS 

1 exclusive, partially exclusive, or exclusive 

2 license to use the invention in the appli3 cant’s licensed field of use, on terms that 

4 are reasonable under the circumstances; or 

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

6 grant such a license, to grant the license 

7 itself. 

8 ‘‘(C) The Government may exercise its 

9 right retained under subparagraph (B) only in 

10 exceptional circumstances and only if the Gov11 ernment determines that— 

12 ‘‘(i) the action is necessary to meet 

13 health or safety needs that are not reason14 ably satisfied by the participating party; 

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

16 requirements for public use specified by 

17 Federal regulations, and such requirements 

18 are not reasonably satisfied by the partici19 pating party; or 

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

21 with an agreement containing provisions 

22 described in section 12(c)(4)(B) of the Ste23 venson-Wydler Technology Innovation Act 

24 of 1980 (15 U.S.C. 3710a(c)(4)(B)). 
41 

•S 1281 IS 

1 ‘‘(4) APPEAL AND REVIEW OF DETERMINA2 TION.—A determination under paragraph 

3 (3)(C) is subject to administrative appeal and 

4 judicial review under section 203(b) of title 35, 

5 United States Code.’’. 

6 SEC. 503. RETROCESSION OF JURISDICTION. 

7 Title III of the National Aeronautics and Space Act 

8 of 1958, as amended by section 502 of this Act, is further 

9 amended by adding at the end the following: 

10 ‘‘SEC. 317. RETROCESSION OF JURISDICTION. 

11 ‘‘Notwithstanding any other provision of law, the Ad12 ministrator may, whenever the Administrator considers it 

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

14 jurisdiction of the United States over lands or interests 

15 under the Administrator’s control in that State. Relin16 quishment of legislative jurisdiction under this section 

17 may be accomplished (1) by filing with the Governor of 

18 the State concerned a notice of relinquishment to take ef19 fect upon acceptance thereof, or (2) as the laws of the 

20 State may otherwise provide.’’. 

21 SEC. 504. RECOVERY AND DISPOSITION AUTHORITY. 

22 Title III of the National Aeronautics and Space Act 

23 of 1958, as amended by section 603 of this Act, is further 

24 amended by adding at the end the following: 
42 

•S 1281 IS 

1 ‘‘SEC. 318. RECOVERY AND DISPOSITION AUTHORITY. 

2 ‘‘(a) IN GENERAL.— 

3 ‘‘(1) CONTROL OF REMAINS.—Subject to para4 graph (2), when there is an accident or mishap re5 sulting in the death of a crewmember of a NASA 

6 human space flight vehicle, the Administrator may 

7 take control over the remains of the crewmember 

8 and order autopsies and other scientific or medical 

9 tests. 

10 ‘‘(2) TREATMENT.—Each crewmember shall 

11 provide the Administrator with his or her pref12 erences regarding the treatment accorded to his or 

13 her remains and the Administrator shall, to the ex14 tent possible, respect those stated preferences. 

15 ‘‘(b) DEFINITIONS.—In this section: 

16 ‘‘(1) CREWMEMBER.—The term ‘crewmember’ 

17 means an astronaut or other person assigned to a 

18 NASA human space flight vehicle. 

19 ‘‘(2) NASA HUMAN SPACE FLIGHT VEHICLE.— 

20 The term ‘NASA human space flight vehicle’ means 

21 a space vehicle, as defined in section 308(f)(1), 

22 that— 

23 ‘‘(A) is intended to transport 1 or more 

24 persons; 

25 ‘‘(B) designed to operate in outer space; 

26 and 
43 

•S 1281 IS 

1 ‘‘(C) is either owned by NASA, or owned 

2 by a NASA contractor or cooperating party and 

3 operated as part of a NASA mission or a joint 

4 mission with NASA.’’. 

5 SEC. 505. REQUIREMENT FOR INDEPENDENT COST ANAL6 YSIS. 

7 Section 301 of the National Aeronautics and Space 

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

9 2459g) amended— 

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

11 inserting ‘‘implementation’’; 

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

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

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

15 place it appears in subsection (a) and inserting ‘‘Ad16 ministrator’’; 

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

18 (a) after ‘‘shall conduct’’; and 

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

20 following: 

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

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

23 cycle of a program or project after preliminary design, 

24 independent assessment of the preliminary design, and ap25 proval to proceed into implementation, including critical 
44 

•S 1281 IS 

1 design, development, certification, launch, operations, dis2 posal of assets, and, for technology programs, develop3 ment, testing, analysis and communication of the results 

4 to the customers.’’. 

5 SEC. 506. ELECTRONIC ACCESS TO BUSINESS OPPORTUNI6 TIES. 

7 Title III of the National Aeronautics and Space Act 

8 of 1958, as amended by section 604 of this Act, is further 

9 amended by adding at the end the following: 

10 ‘‘SEC. 319. ELECTRONIC ACCESS TO BUSINESS OPPORTUNI11 TIES. 

12 ‘‘(a) IN GENERAL.—The Administrator may imple13 ment a pilot program providing for reduction in the wait14 ing period between publication of notice of a proposed con15 tract action and release of the solicitation for procure16 ments conducted by the National Aeronautics and Space 

17 Administration. 

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

19 under subsection (a) shall apply to non-commercial acqui20 sitions— 

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

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

23 ‘‘(2) that do not involve bundling of contract re24 quirements as defined in section 3(o) of the Small 

25 Business Act (15 U.S.C. 632(o)); and 
45 

•S 1281 IS 

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

2 8(e) of the Small Business Act (15 U.S.C. 637(e)) 

3 and section 18(a) of the Office of Federal Procure4 ment Policy Act (41 U.S.C. 416(a)). 

5 ‘‘(c) NOTICE.— 

6 ‘‘(1) Notice of acquisitions subject to the pro7 gram authorized by this section shall be made acces8 sible through the single Government-wide point of 

9 entry designated in the Federal Acquisition Regula10 tion, consistent with section 30(c)(4) of the Office of 

11 Federal Procurement Policy Act (41 U.S.C. 

12 426(c)(4)). 

13 ‘‘(2) Providing access to notice in accordance 

14 with paragraph (1) satisfies the publication require15 ments of section 8(e) of the Small Business Act (15 

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

17 Federal Procurement Policy Act (41 U.S.C. 416(a)). 

18 ‘‘(d) SOLICITATION.—Solicitations subject to the pro19 gram authorized by this section shall be made accessible 

20 through the Government-wide point of entry, consistent 

21 with requirements set forth in the Federal Acquisition 

22 Regulation, except for adjustments to the wait periods as 

23 provided in subsection (e). 

24 ‘‘(e) WAIT PERIOD.— 
46 

•S 1281 IS 

1 ‘‘(1) Whenever a notice required by section 

2 8(e)(1)(A) of the Small Business Act (15 U.S.C. 

3 637(e)(1)(A)) and section 18(a) of the Office of 

4 Federal Procurement Policy Act (41 U.S.C. 416(a)) 

5 is made accessible in accordance with subsection (c) 

6 of this section, the wait period set forth in section 

7 8(e)(3)(A) of the Small Business Act (15 U.S.C. 

8 637(e)(3)(A)) and section 18(a)(3)(A) of the Office 

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

10 416(a)(3)(A)), shall be reduced by 5 days. If the so11 licitation applying to that notice is accessible elec12 tronically in accordance with subsection (d) simulta13 neously with issuance of the notice, the wait period 

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

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

16 18(a)(3)(A) of the Office of Federal Procurement 

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

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

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

20 Office of Federal Procurement Policy Act for sub21 mission of bids or proposals shall begin to run from 

22 the date the solicitation is electronically accessible. 

23 ‘‘(2) When a notice and solicitation are made 

24 accessible simultaneously and the wait period is 

25 waived pursuant to paragraph (1), the deadline for 
47 

•S 1281 IS 

1 the submission of bids or proposals shall be not less 

2 than 5 days greater than the minimum deadline set 

3 forth in section 8(e)(3)(B) of the Small Business 

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

5 18(a)(3)(B) of the Office of Federal Procurement 

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

7 ‘‘(f) IMPLEMENTATION.— 

8 ‘‘(1) Nothing in this section shall be construed 

9 as modifying regulatory requirements set forth in 

10 the Federal Acquisition Regulation, except with re11 spect to— 

12 ‘‘(A) the applicable wait period between 

13 publication of notice of a proposed contract ac14 tion and release of the solicitation; and 

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

16 proposals for procurements conducted in ac17 cordance with the terms of this pilot program. 

18 ‘‘(2) This section shall not apply to the extent 

19 the President determines it is inconsistent with any 

20 international agreement to which the United States 

21 is a party. 

22 ‘‘(g) STUDY.—Within 18 months after the effective 

23 date of the program, NASA, in coordination with the 

24 Small Business Administration, the General Services Ad25 ministration, and the Office of Management and Budget, 
48 

•S 1281 IS 

1 shall evaluate the impact of the pilot program and submit 

2 to Congress a report that— 

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

4 including the impact on competition and small busi5 ness participation; and 

6 ‘‘(2) addresses whether the pilot program 

7 should be made permanent, continued as a test pro8 gram, or allowed to expire. 

9 ‘‘(h) REGULATIONS.—The Administrator shall pub10 lish proposed revisions to the NASA Federal Acquisition 

11 Regulation Supplement necessary to implement this sec12 tion in the Federal Register not later than 120 days after 

13 the date of enactment of the National Aeronautics and 

14 Space Administration Authorization Act of 2005. The Ad15 ministrator shall— 

16 ‘‘(1) make the proposed regulations available 

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

18 days; and 

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

20 Register not later than 240 days after the date of 

21 enactment of that Act. 

22 ‘‘(i) EFFECTIVE DATE.— 

23 ‘‘(1) IN GENERAL.—The pilot program author24 ized by this section shall take effect on the date 
49 

•S 1281 IS 

1 specified in the final regulations promulgated pursu2 ant to subsection (h)(2). 

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

4 be no less than 30 days after the date on which the 

5 final regulation is published. 

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

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

8 award contracts under such program shall expire 2 years 

9 after the effective date established in the final regulations 

10 published in the Federal Register under subsection 

11 (h)(2).’’. 

12 SEC. 507. REPORTS ELIMINATION. 

13 (a) REPEALS.—The following provisions of law are 

14 repealed: 

15 (1) Section 201 of the National Aeronautics 

16 and Space Administration Authorization Act of 2000 

17 (42 U.S.C. 2451 note). 

18 (2) Section 304(d) of the Federal Aviation Ad19 ministration Research, Engineering, and Develop20 ment Authorization Act of 1992 (49 U.S.C. 47508 

21 note). 

22 (3) Section 323 of the National Aeronautics 

23 and Space Administration Authorization Act of 

24 2000. 

25 (b) AMENDMENTS.— 
50 

•S 1281 IS 

1 (1) Section 315 of the National Aeronautics 

2 and Space Administration Act of 1958 (42 U.S.C. 

3 2459j) is amended by striking subsection (a) and re4 designating subsections (b) through (f) as sub5 sections (a) through (e). 

6 (2) Section 315(a) of the National Aeronautics 

7 and Space Administration Authorization Act, Fiscal 

8 Year 1993 (42 U.S.C. 2487a(c)) is amended by 

9 striking subsection (c) and redesignating subsection 

10 (d) as subsection (c). 

Æ