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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1281 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
109th CONGRESS
  1st Session
                                S. 1281

_______________________________________________________________________

                                 AN ACT

 
  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.

    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 ``National Aeronautics 
and Space Administration Authorization Act of 2005''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
                TITLE I--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. Lessons learned and best practices.
Sec. 138. Safety management.
Sec. 139. Creation of a budget structure that aids effective oversight 
                            and management.
Sec. 140. Earth observing system.
Sec. 141. NASA healthcare program.
Sec. 142. Assessment of extension of data collection from Ulysses and 
                            Voyager spacecraft.
Sec. 143. Program to expand distance learning in rural underserved 
                            areas.
Sec. 144. Institutions in NASA'S minority institutions program.
Sec. 145. Aviation safety program.
Sec. 146. Atmospheric, geophysical, and rocket research authorization.
Sec. 147. Orbital debris.
Sec. 148. Continuation of certain educational programs.
Sec. 149. Establishment of the Charles ``Pete'' Conrad Astronomy Awards 
                            Program.
Sec. 150. GAO assessment of feasibility of Moon and Mars exploration 
                            missions.
Sec. 151. Workforce.
Sec. 152. Major research equipment and facilities.
Sec. 153. Data on specific fields of study.
             Subtitle C--Limitations and Special Authority

Sec. 161. Official representational fund.
Sec. 162. Facilities management.
                 TITLE II--INTERNATIONAL SPACE STATION

Sec. 201. International Space Station completion.
Sec. 202. Research and support capabilities on international Space 
                            Station.
Sec. 203. 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.
Sec. 303. Commercial launch vehicles.
Sec. 304. Secondary payload capability.
Sec. 305. Power and propulsion reporting.
Sec. 306. Utilization of NASA field centers and workforce.
                 TITLE IV--ENABLING COMMERCIAL ACTIVITY

Sec. 401. Commercialization plan.
Sec. 402. Commercial technology transfer program.
Sec. 403. Authority for competitive prize program to encourage 
                            development of advanced space and 
                            aeronautical technologies.
Sec. 404. Commercial goods and services.
             TITLE V--AERONAUTICS RESEARCH AND DEVELOPMENT

Sec. 501. Governmental interest in aeronautics.
Sec. 502. National policy for aeronautics research and development.
Sec. 503. High priority aeronautics research and development programs.
Sec. 504. Test facilities.
Sec. 505. Miscellaneous provisions.
          TITLE VI--MISCELLANEOUS ADMINISTRATIVE IMPROVEMENTS.

Sec. 601. Extension of indemnification authority.
Sec. 602. Intellectual property provisions.
Sec. 603. Retrocession of jurisdiction.
Sec. 604. Recovery and disposition authority.
Sec. 605. Requirement for independent cost analysis.
Sec. 606. Electronic access to business opportunities.
Sec. 607. Reports elimination.
Sec. 608. Small business contracting.
Sec. 609. Government accountability office review and report.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) It is the policy of the United States to advance United 
        States scientific, security, and economic interests through a 
        healthy and active space exploration program.
            (2) Basic and applied research in space science, Earth 
        science, and aeronautics remain a significant part of the 
        Nation's goals for the use and development of space. Basic 
        research and development is an important component of NASA's 
        program of exploration and discovery.
            (3) Maintaining the capability to safely send humans into 
        space is essential to United States national and economic 
        security, United States preeminence in space, and inspiring the 
        next generation of explorers. Thus, a gap in United States 
        human space flight capability is harmful to the national 
        interest.
            (4) The exploration, development, and permanent habitation 
        of the Moon will inspire the Nation, spur commerce, 
        imagination, and excitement around the world, and open the 
        possibility of further exploration of Mars. NASA should return 
        to the Moon within the next decade.
            (5) The establishment of the capability for consistent 
        access to and stewardship of the region between the Moon and 
        Earth is in the national security and commercial interests of 
        the United States.
            (6) Commercial development of space, including exploration 
        and other lawful uses, is in the interest of the United States 
        and the international community at large.
            (7) Research and access to capabilities to support a 
        national laboratory facility within the United States segment 
        of the ISS in low-Earth orbit are in the national policy 
        interests of the United States, including maintenance and 
        development of an active and healthy stream of research from 
        ground to space in areas that can uniquely benefit from access 
        to this facility.
            (8) NASA should develop vehicles to replace the Shuttle 
        orbiter's capabilities for transporting crew and heavy cargo 
        while utilizing the current program's resources, including 
        human capital, capabilities, and infrastructure. Using these 
        resources can ease the transition to a new space transportation 
        system, maintain an essential industrial base, and minimize 
        technology and safety risks.
            (9) The United States must remain the leader in aeronautics 
        and aviation. Any erosion of this preeminence is not in the 
        Nation's economic or security interest. NASA should align its 
        aerospace leadership to ensure United States leadership. A 
        national effort is needed to ensure that NASA's aeronautics 
        programs are leading contributors to the Nation's civil and 
        military aviation needs, as well as to its exploration 
        capabilities.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the National Aeronautics and Space 
        Administration.
            (2) ISS.--The term ``ISS'' means the International Space 
        Station.
            (3) NASA.--The term ``NASA'' means the National Aeronautics 
        and Space Administration.
            (4) Shuttle-derived vehicle.--The term ``shuttle-derived 
        vehicle'' means any new space transportation vehicle, piloted 
        or unpiloted, that--
                    (A) is capable of supporting crew or cargo 
                missions; and
                    (B) uses a major component of NASA's Space 
                Transportation System, such as the solid rocket 
                booster, external tank, engine, and orbiter.
            (5) In-situ resource utilization.--The term ``in-situ 
        resource utilization'' means the technology or systems that can 
        convert indigenous or locally-situated substances into useful 
        materials and products.

                TITLE I--AUTHORIZATION OF APPROPRIATIONS

                       Subtitle A--Authorizations

SEC. 101. FISCAL YEAR 2006.

    There are authorized to be appropriated to the National Aeronautics 
and Space Administration, for fiscal year 2006, $16,556,400,000, as 
follows:
            (1) For science, aeronautics and exploration, 
        $9,661,000,000 for the following programs (including amounts 
        for construction of facilities).
            (2) For exploration capabilities, $6,863,000,000, 
        (including amounts for construction of facilities), which shall 
        be used for space operations, and out of which $100,000,000 
        shall be used for the purposes of section 202 of this Act.
            (3) For the Office of Inspector General, $32,400,000.

SEC. 102. FISCAL YEAR 2007.

    There are authorized to be appropriated to the National Aeronautics 
and Space Administration, for fiscal year 2007, $17,052,900,000, as 
follows:
            (1) $10,549,800,000 for science, aeronautics and 
        exploration (including amounts for construction of facilities).
            (2) For exploration capabilities, $6,469,600,000, for the 
        following programs (including amounts for construction of 
        facilities), of which $6,469,600,000 shall be for space 
        operations.
            (3) For the Office of Inspector General, $33,500,000.

SEC. 103. FISCAL YEAR 2008.

    There are authorized to be appropriated to the National Aeronautics 
and Space Administration, for fiscal year 2008, $17,470,900,000.

SEC. 104. FISCAL YEAR 2009.

    There are authorized to be appropriated to the National Aeronautics 
and Space Administration, for fiscal year 2009, $17,995,000,000.

SEC. 105. FISCAL YEAR 2010.

    There are authorized to be appropriated to the National Aeronautics 
and Space Administration, for fiscal year 2010, $18,534,900,000.

SEC. 106. EVALUATION CRITERIA FOR BUDGET REQUEST.

    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.

                     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.

    The Administrator shall--
            (1) conduct a rich and vigorous set of science activities 
        aimed at better comprehension of the universe, solar system, 
        and Earth, and ensure that the various areas within NASA's 
        science portfolio are developed and maintained in a balanced 
        and healthy manner, and, as part of this balanced science 
        research program, provide, to the maximum extent feasible, 
        continued support and funding for the Magnetospheric Multiscale 
        Mission, SIM-Planet Quest, and Future Explorers programs, 
        including determining whether these delayed missions and 
        planned missions can be expedited to meet previous schedules, 
        and may place a greater emphasis on science, including the 
        programs described in this paragraph, throughout the fiscal 
        years for which funds are authorized by this Act (and for this 
        purpose, of the funds authorized by section 101(1) of this Act, 
        no less than $5,341,200,000 shall be for science, and of the 
        funds authorized by section 102(1) of this Act, no less than 
        $5,960,300,000 shall be for science);
            (2) plan projected Mars exploration activities in the 
        context of planned lunar robotic precursor missions, ensuring 
        the ability to conduct a broad set of scientific investigations 
        and research around and on the Moon's surface;
            (3) upon successful completion of the planned return-to-
        flight schedule of the Space Shuttle, determine the schedule 
        for a Shuttle servicing mission to the Hubble Space Telescope, 
        unless such a mission would compromise astronaut or safety or 
        the integrity of NASA's other missions;
            (4) ensure that, in implementing the provisions of this 
        section, appropriate inter-agency and commercial collaboration 
        opportunities are sought and utilized to the maximum feasible 
        extent;
            (5) seek opportunities to diversify the flight 
        opportunities for scientific Earth science instruments and seek 
        innovation in the development of instruments that would enable 
        greater flight opportunities;
            (6) develop a long term sustainable relationship with the 
        United States commercial remote sensing industry, and, 
        consistent with applicable policies and law, to the maximum 
        practical extent, rely on their services;
            (7) in conjunction with United States industry and 
        universities, develop Earth science applications to enhance 
        Federal, State, local, and tribal governments that use 
        government and commercial remote sensing capabilities and other 
        sources of geospatial information to address their needs;
            (8) plan, develop, and implement a near-Earth object survey 
        program to detect, track, catalogue, and characterize the 
        physical characteristics of near-Earth asteroids and comets in 
        order to assess the threat of such near-Earth objects in 
        impacting the Earth; and
            (9) ensure that, of the amount expended for aeronautics, a 
        significant portion is directed toward the Vehicle System 
        Program, as much of the basic, long-term, high-risk, and 
        innovative research in aeronautical disciplines is performed 
        within that program.

SEC. 132. BIENNIAL REPORTS TO CONGRESS ON SCIENCE PROGRAMS.

    (a) In General.--Within 180 days after the date of enactment of 
this Act and every 2 years thereafter, the Administrator shall transmit 
a report to the Senate Committee on Commerce, Science, and 
Transportation and the House of Representatives Committee on Science 
setting forth in detail--
            (1) the findings and actions taken on NASA's assessment of 
        the balance within its science portfolio and any efforts to 
        adjust that balance among the major program areas, including 
        the areas referred to in section 131;
            (2) any activities undertaken by the Administration to 
        conform with the Sun-Earth science and applications direction 
        provided in section 131; and
            (3) efforts to enhance near-Earth object detection and 
        observation.
    (b) External Review Findings.--The Administrator shall include in 
each report submitted under this section a summary of findings and 
recommendations from any external reviews of the Administration's 
science mission priorities and programs.

SEC. 133. STATUS REPORT ON HUBBLE SPACE TELESCOPE SERVICING MISSION.

    Within 60 days after the landing of the second Space Shuttle 
mission for return-to-flight certification, the Administrator shall 
transmit to the Senate Committee on Commerce, Science, and 
Transportation and the House of Representatives Committee on Science a 
one-time status report on a Hubble Space Telescope servicing mission.

SEC. 134. DEVELOP EXPANDED PERMANENT HUMAN PRESENCE BEYOND LOW-EARTH 
              ORBIT.

    (a) In General.--As part of the programs authorized under the 
National Aeronautics and Space Act of 1958 (42 U.S.C. 2451 et seq.), 
the Administrator shall establish a program to develop a permanently 
sustained human presence on the Moon, in tandem with an extensive 
precursor program, to support security, commerce, and scientific 
pursuits, and as a stepping-stone to future exploration of Mars. The 
Administrator is further authorized to develop and conduct 
international collaborations in pursuit of these goals, as appropriate.
    (b) Requirements.--In carrying out this section, the Administrator 
shall--
            (1) implement an effective exploration technology program 
        that is focused around the key needs to support lunar human and 
        robotic operations;
            (2) as part of NASA's annual budget submission, submit to 
        the Congress the detailed mission, schedule, and budget for key 
        lunar mission-enabling technology areas, including areas for 
        possible innovative governmental and commercial activities and 
        partnerships;
            (3) as part of NASA's annual budget submission, submit to 
        the Congress a plan for NASA's lunar robotic precursor and 
        technology programs, including current and planned technology 
        investments and scientific research that support the lunar 
        program;
            (4) conduct an intensive in-situ resource utilization 
        technology program in order to develop the capability to use 
        space resources to increase independence from Earth, and 
        sustain exploration beyond low-Earth orbit;
            (5) conduct a program to assure the health and safety of 
        astronauts during extended space exploration missions which 
        include more effective countermeasures to mitigate deleterious 
        effects of such missions, and the means to provide in-space 
        exploration medical care delivery to crews with little or no 
        real-time support from Earth, relevant issues such as radiation 
        exposure, exercise countermeasures, cardiac health, diagnostic 
        and monitoring devices, and medical imaging;
            (6) utilize advanced power and propulsion technologies, 
        including nuclear and electric technologies, to enable or 
        enhance robotic and human exploration missions when feasible; 
        and
            (7) develop a robust technology development program to 
        provide surface power for use on the Moon and other locations 
        relevant to NASA space exploration goals which, to the extent 
        feasible, address needs for modular, scalable power sources for 
        a range of applications on the Moon including human and 
        vehicular uses.

SEC. 135. GROUND-BASED ANALOG CAPABILITIES.

    (a) In General.--The Administrator shall establish a ground-based 
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) Locations.--The Administrator shall select locations for 
subsection (a) in places 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, and 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. 136. SPACE LAUNCH AND TRANSPORTATION TRANSITION, CAPABILITIES, AND 
              DEVELOPMENT.

    (a) Post-Orbiter Transition.--The Administrator shall develop an 
implementation plan for the transition to a new crew exploration 
vehicle and heavy-lift launch vehicle that uses the personnel, 
capabilities, assets, and infrastructure of the Space Shuttle to the 
fullest extent possible and addresses how NASA will accommodate the 
docking of the crew exploration vehicle to the ISS.
    (b) Automated Rendezvous and Docking.--The Administrator is 
directed to pursue aggressively automated rendezvous and docking 
capabilities that can support ISS and other mission requirements and 
include these activities, progress reports, and plans in the 
implementation plan.
    (c) Congressional Submission.--Within 120 days after the date of 
enactment of this Act the Administrator shall submit a copy of the 
implementation plan to the Senate Committee on Commerce, Science, and 
Transportation and the House of Representatives Committee on Science.

SEC 137. LESSONS LEARNED AND BEST PRACTICES.

    (a) In General.--The Administrator shall provide an implementation 
plan describing NASA's approach for obtaining, implementing, and 
sharing lessons learned and best practices for its major programs and 
projects within 180 days after the date of enactment of this Act. The 
implementation plan shall be updated and maintained to assure 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 as 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. 138. SAFETY MANAGEMENT.

    Section 6 of the National Aeronautics and Space Administration 
Authorization Act, 1968 (42 U.S.C. 2477) is amended--
            (1) by inserting ``(a) In General.--'' before ``There'';
            (2) by striking ``to it'' and inserting ``to it, including 
        evaluating NASA's compliance with the return-to-flight and 
        continue-to-fly recommendations of the Columbia Accident 
        Investigation Board,'';
            (3) by inserting ``and the Congress'' after ``advise the 
        Administrator'';
            (4) by striking ``and with respect to the adequacy of 
        proposed or existing safety standards and shall'' and inserting 
        ``with respect to the adequacy of proposed or existing safety 
        standards, and with respect to management and culture. 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 safety management culture.
    ``(c) Sense of the Congress.--It is the sense of the Congress that 
the Administrator should--
            ``(1) ensure that NASA employees can raise safety concerns 
        without fear of reprisal;
            ``(2) continue to follow the recommendations of the 
        Columbia Accident Investigation Board for safely returning and 
        continuing to fly; and
            ``(3) continue to inform the Congress from time to time of 
        NASA's progress in meeting those recommendations.''.

SEC. 139. CREATION OF A BUDGET STRUCTURE THAT AIDS EFFECTIVE OVERSIGHT 
              AND MANAGEMENT.

    In developing NASA's budget request for inclusion in the Budget of 
the United States for fiscal year 2007 and thereafter, the 
Administrator shall--
            (1) include line items for--
                    (A) science, aeronautics, and exploration;
                    (B) exploration capabilities; and
                    (C) the Office of the Inspector General;
            (2) enumerate separately, within the science, aeronautics, 
        and exploration account, the requests for--
                    (A) space science;
                    (B) Earth science; and
                    (C) aeronautics;
            (3) include, within the exploration capabilities account, 
        the requests for--
                    (A) the Space Shuttle; and
                    (B) the ISS; and
            (4) enumerate separately the specific request for the 
        independent technical authority within the appropriate account.

SEC. 140. EARTH OBSERVING SYSTEM.

    (a) In General.--Within 6 months after the date of enactment of 
this Act, the Administrator, in consultation with the Administrator of 
the National Oceanic and Atmospheric Administration and the Director of 
the United States Geological Survey, shall submit a plan to the Senate 
Committee on Commerce, Science, and Transportation and the House of 
Representatives Committee on Science to ensure the long-term vitality 
of the earth observing system at NASA.
    (b) Plan Requirements.--The plan shall--
            (1) address such issues as--
                    (A) out-year budgetary projections;
                    (B) technical requirements for the system; and
                    (C) integration into the Global Earth Observing 
                System of Systems; and
            (2) evaluate--
                    (A) the need to proceed with any NASA missions that 
                have been delayed or canceled;
                    (B) plans for transferring needed capabilities from 
                some canceled or de-scoped missions to the National 
                Polar-orbiting Environmental Satellite System;
                    (C) the technical base for exploratory earth 
                observing systems, including new satellite 
                architectures and instruments that enable global 
                coverage, all-weather, day and night imaging of the 
                Earth's surface features;
                    (D) the need to strengthen research and analysis 
                programs; and
                    (E) the need to strengthen the approach to 
                obtaining important climate observations and data 
                records.
    (c) Earth Observing System Defined.--In this section, the term 
``earth observing system'' means the series of satellites, a science 
component, and a data system for long-term global observations of the 
land surface, biosphere, solid Earth, atmosphere, and oceans.

SEC. 141. NASA HEALTHCARE PROGRAM.

    The Administrator shall develop policies, procedures, and plans 
necessary for--
            (1) the establishment of a lifetime healthcare program for 
        NASA astronauts and their families; and
            (2) the study and analysis of the healthcare data obtained 
        in order to understand the longitudinal health effects of space 
        flight on humans better.

SEC. 142. ASSESSMENT OF EXTENSION OF DATA COLLECTION FROM ULYSSES AND 
              VOYAGER SPACECRAFT.

    (a) Assessment.--Not later than 60 days after the date of the 
enactment of this Act, the Administrator shall carry out an assessment 
of the costs and benefits of extending, to such date as the 
Administrator considers appropriate for purposes of the assessment, the 
date of the termination of data collection from the Ulysses spacecraft 
and the Voyager spacecraft.
    (b) Report.--Not later than 30 days after completing the assessment 
required by subsection (a), the Administrator shall submit a report on 
the assessment to the Senate Committee on Commerce, Science, and 
Transportation and the House of Representatives Committee on Science.

SEC. 143. 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. 144. INSTITUTIONS IN NASA'S MINORITY INSTITUTIONS PROGRAM.

    The matter appearing under the heading ``small and disadvantaged 
business'' in title III of the Departments of Veterans Affairs and 
House 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. 145. AVIATION SAFETY PROGRAM.

    The Administrator shall make available upon request satellite 
imagery of remote terrain to the Administrator of the Federal Aviation 
Administration, or the Director of the Five Star Medallion Program, for 
aviation safety and aerial photography programs to assist and train 
pilots in navigating challenging topographical features of such 
terrain.

SEC. 146. ATMOSPHERIC, GEOPHYSICAL, AND ROCKET RESEARCH AUTHORIZATION.

    There are authorized to be appropriated to the Administrator for 
atmospheric, geophysical, or rocket research at the Poker Flat Research 
Range and the Kodiak Launch Complex, not more than $1,000,000 for each 
of fiscal years 2006 through 2010.

SEC. 147. 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. 148. CONTINUATION OF CERTAIN EDUCATIONAL PROGRAMS.

    From amounts appropriated to NASA for educational programs, the 
Administrator shall ensure continuation of the Space Grant Program, the 
Experimental Program to Stimulate Competitive Research, and the NASA 
Explorer School to motivate and develop the next generation of 
explorers.

SEC. 149. ESTABLISHMENT OF THE CHARLES ``PETE'' CONRAD ASTRONOMY AWARDS 
              PROGRAM.

    (a) In General.--The Administrator shall establish a program to be 
known as the Charles ``Pete'' Conrad Astronomy Awards Program.
    (b) Awards.--The Administrator shall make an annual award under the 
program of--
            (1) $3,000 to 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; and
            (2) $3,000 to the amateur astronomer or group of amateur 
        astronomers who made the greatest contribution to the Minor 
        Planet Center's mission of cataloging near-Earth asteroids 
        during the preceding year.
    (c) Qualification for Award.--
            (1) Recommendation.--These awards shall be made based on 
        the recommendation of the Minor Planet Center of the 
        Smithsonian Astrophysical Observatory.
            (2) Limitation.--No individual who is not a citizen or 
        permanent resident of the United States at the time of that 
        individual's discovery or contribution may receive an award 
        under this program.

SEC. 150. GAO ASSESSMENT OF FEASIBILITY OF MOON AND MARS EXPLORATION 
              MISSIONS.

    Within 9 months after the date of enactment of this Act, the 
Comptroller General shall transmit to the Senate Committee on Commerce, 
Science, and Transportation and the House of Representatives Committee 
on Science an assessment of the feasibility of NASA's planning for 
exploration of the Moon and Mars, giving special consideration to the 
long-term cost implications of program architecture and schedules. The 
Comptroller General shall include in this assessment the short- and 
long-term impact of the exploration program on other NASA program 
areas, including aeronautics, space science, earth science and NASA's 
overall research and technology development budget.

SEC. 151. WORKFORCE.

    (a) In General.--The Administrator shall develop a human capital 
strategy to ensure that NASA has a workforce of the appropriate size 
and with the appropriate skills to carry out the programs of NASA, 
consistent with the policies and plans developed pursuant to this 
section. The strategy shall ensure that current personnel are utilized, 
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.
    (b) Content.--The strategy shall describe, at a minimum--
            (1) 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;
            (2) 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;
            (3) the steps NASA will use to retain needed employees; and
            (4) the budget assumptions of the strategy, which for 
        fiscal years 2006 and 2007 shall be consistent with the 
        authorizations provided in subtitle A, and any expected 
        additional costs or savings from the strategy by fiscal year.
    (c) Schedule.--The Administrator shall transmit the strategy 
developed under this section to the Senate Committee on Commerce, 
Science, and Transportation and House of Representatives Committee on 
Science not later than the date on which the President submits the 
proposed budget for the Federal Government for fiscal year 2007 to the 
Congress. At least 60 days before transmitting the strategy, NASA shall 
provide a draft of the strategy to its Federal Employee Unions for a 
30-day consultation period after which NASA shall respond in writing to 
any written concerns provided by the Unions.
    (d) Limitation.--
            (1) In general.--NASA may not initiate any buyout offer 
        after the date of enactment of this Act until 60 days after the 
        strategy required by this subsection has been transmitted to 
        the Senate Committee on Commerce, Science, and Transportation 
        and House of Representatives Committee on Science in accordance 
        with subsection (c). NASA may not implement any reduction-in-
        force or other involuntary separations (except for cause) prior 
        to June 1, 2007, except as provided in paragraph (2).
            (2) Exceptions.--
                    (A) Specific buy-outs.--Notwithstanding paragraph 
                (1), NASA may make exceptions can be made for specific 
                buy-outs on a case-by-case basis, if NASA provides 
                information to the Committees that justifies those 
                specific buy-outs, including why the relevant employees 
                could not be utilized to fulfill other NASA missions.
                    (B) Emergency reductions-in-force.--NASA may also 
                request an exception for an emergency reduction-in-
                force of management personnel by transmitting to the 
                Committees--
                            (i) a detailed rationale for the proposed 
                        reduction-in-force;
                            (ii) an explanation of why the proposed 
                        reduction-in-force cannot wait until after the 
                        workforce strategy has been transmitted to the 
                        Committees in accordance with the requirements 
                        of this section; and
                            (iii) an explanation of why the relevant 
                        employees could not be utilized to fulfill 
                        other NASA missions.

SEC. 152. MAJOR RESEARCH EQUIPMENT AND FACILITIES.

    (a) In General.--Notwithstanding any other provision of law, the 
National Science Foundation may use funds in the major research 
equipment and facilities construction account for the design and 
development of projects that--
            (1) have been given a very high rating by relevant 
        scientific peer review panels in the relevant discipline;
            (2) have substantial cost-sharing with non-Foundation 
        entities; and
            (3) have passed a critical design review.
    (b) National Science Board Approval.--Nothing in subsection (a) 
shall be construed to eliminate the need for approval by the National 
Science Board before such equipment and facilities are eligible for 
acquisition, construction, commissioning, or upgrading.

SEC. 153. DATA ON SPECIFIC FIELDS OF STUDY.

    (a) In General.--The National Science Foundation shall collect 
statistically reliable data through the American Community Survey on 
the field of degree of college-educated individuals.
    (b) Additional Census Question.--In order to facilitate the 
implementation of subsection (a), the Secretary of Commerce shall 
expand the American Community Survey to include a question to elicit 
information concerning the field of study in which college-educated 
individuals received their degrees. The Director of the Bureau of the 
Census shall consult with the Director of the National Science 
Foundation concerning the wording of the question or questions to be 
added to the Survey.

             Subtitle C--Limitations and Special Authority

SEC. 161. OFFICIAL REPRESENTATIONAL FUND.

    Amounts appropriated pursuant to paragraphs (1) and (2) of section 
101 may be used, but not to exceed $70,000, for official reception and 
representation expenses.

SEC. 162. FACILITIES MANAGEMENT.

    NASA shall develop a facilities investment plan through fiscal year 
2015 that takes into account uniqueness, mission dependency, and other 
studies required by this Act.

                 TITLE II--INTERNATIONAL SPACE STATION

SEC. 201. INTERNATIONAL SPACE STATION COMPLETION.

    (a) Elements, Capabilities, and Configuration Criteria.--The 
Administrator shall ensure that the ISS will be able to--
            (1) fulfill international partner agreements and provide a 
        diverse range of research capacity, including a high rate of 
        human biomedical research protocols, countermeasures, applied 
        bio-technologies, technology and exploration research, and 
        other priority areas;
            (2) have an ability to support crew size of at least 6 
        persons;
            (3) support crew exploration vehicle docking and automated 
        docking of cargo vehicles or modules launched by either heavy-
        lift or commercially-developed launch vehicles; and
            (4) be operated at an appropriate risk level.
    (b) Contingency Plan.--The transportation plan to support ISS shall 
include contingency options to ensure sufficient logistics and on-orbit 
capabilities to support any potential hiatus between Space Shuttle 
availability and follow-on crew and cargo systems, and provide 
sufficient pre-positioning of spares and other supplies needed to 
accommodate any such hiatus.
    (c) Certification.--Within 60 days after the date of enactment of 
this Act, and before making any change in the ISS assembly sequence in 
effect on the date of enactment of this Act, the Administrator shall 
certify in writing to the Senate Committee on Commerce, Science, and 
Transportation and the House of Representatives Committee on Science 
NASA's plan to meet the requirements of subsections (a) and (b).
    (d) Cost Limitation for the ISS.--Within 6 months after the date of 
enactment of this Act, the Administrator shall submit to the Congress 
information pertaining to the impact of the Columbia accident and the 
implementation of full cost accounting on the development costs of the 
International Space Station. The Administrator shall also identify any 
statutory changes needed to section 202 of the NASA Authorization Act 
of 2000 to address those impacts.

SEC. 202. RESEARCH AND SUPPORT CAPABILITIES ON INTERNATIONAL SPACE 
              STATION.

    (a) In General.--The Administrator shall--
            (1) within 60 days after the date of enactment of this Act, 
        provide an assessment of biomedical and life science research 
        planned for implementation aboard the ISS that includes the 
        identification of research which can be performed in ground-
        based facilities and then, if appropriate, validated in space 
        to the Senate Committee on Commerce, Science, and 
        Transportation and the House of Representatives Committee on 
        Science;
            (2) ensure the capacity to support ground-based research 
        leading to spaceflight of scientific research in a variety of 
        disciplines with potential direct national benefits and 
        applications that can advance significantly from the uniqueness 
        of micro-gravity;
            (3) restore and protect such potential ISS research 
        activities as molecular crystal growth, animal research, basic 
        fluid physics, combustion research, cellular biotechnology, low 
        temperature physics, and cellular research at a level which 
        will sustain the existing scientific expertise and research 
        capabilities until such time as additional funding or resources 
        from sources other than NASA can be identified to support these 
        activities within the framework of the National Laboratory 
        provided for in section 203 of this Act;
            (4) consider the need for a life sciences centrifuge and 
        any associated holding facilities; and
            (5) within 1 year after the date of enactment of this Act, 
        develop a research plan that will demonstrate the process by 
        which NASA will evolve the ISS research portfolio in a manner 
        consistent with the planned growth and evolution of ISS on-
        orbit and transportation capabilities.
    (b) Maintenance of On-Orbit Analytical Capabilities.--The 
Administrator shall ensure that on-orbit analytical capabilities to 
support diagnostic human research, as well as on-orbit characterization 
of molecular crystal growth, cellular research, and other research 
products and results are developed and maintained, as an alternative to 
Earth-based analysis requiring the capability of returning research 
products to Earth.
    (c) Assessment of Potential Scientific Uses.--The Administrator 
shall assess further potential possible scientific uses of the ISS for 
other applications, such as technology development, development of 
manufacturing processes, Earth observation and characterization, and 
astronomical observations.
    (d) Transition to Public-Private Research Operations.--By no later 
than the date on which the assembly of the ISS is complete (as 
determined by the Administrator), the Administrator shall initiate 
steps to transition research operations on the ISS to a greater 
private-public operating relationship pursuant to section 203 of this 
Act.

SEC. 203. NATIONAL LABORATORY STATUS FOR INTERNATIONAL SPACE STATION.

    (a) In General.--In order to accomplish the objectives listed in 
section 202, the United States segment of the ISS is hereby designated 
a national laboratory facility. The Administrator, after consultation 
with the Director of the Office of Science and Technology Policy, shall 
develop the national laboratory facility to oversee scientific 
utilization of an ISS national laboratory within the organizational 
structure of NASA.
    (b) National Laboratory Functions.--The Administrator shall seek to 
use the national laboratory to increase the utilization of the ISS by 
other national and commercial users and to maximize available NASA 
funding for research through partnerships, cost-sharing agreements, and 
arrangements with non-NASA entities.
    (c) Implementation Plan.--Within 1 year after the date of enactment 
of this Act, the Administrator shall provide an implementation plan to 
the Senate Committee on Commerce, Science, and Transportation and the 
House of Representatives Committee on Science for establishment of the 
ISS national laboratory facility which, at a minimum, shall include--
            (1) proposed on-orbit laboratory functions;
            (2) proposed ground-based laboratory facilities;
            (3) detailed laboratory management structure, concept of 
        operations, and operational feasibility;
            (4) detailed plans for integration and conduct of ground 
        and space-based research operations;
            (5) description of funding and workforce resource 
        requirements necessary to establish and operate the laboratory;
            (6) plans for accommodation of existing international 
        partner research obligations and commitments; and
            (7) detailed outline of actions and timeline necessary to 
        implement and initiate operations of the laboratory.
    (d) U.S. 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.

SEC. 204. COMMERCIAL SUPPORT OF INTERNATIONAL SPACE STATION OPERATIONS 
              AND UTILIZATION.

    The Administrator shall purchase commercial services for support of 
the ISS for cargo and other needs, and for enhancement of the 
capabilities of the ISS, to the maximum extent possible, in accordance 
with Federal procurement law.

SEC. 205. USE OF THE INTERNATIONAL SPACE STATION AND ANNUAL REPORT.

    (a) Policy.--It is the policy of the United States--
            (1) to ensure diverse and growing utilization of benefits 
        from the ISS; and
            (2) to increase commercial operations in low-Earth orbit 
        and beyond that are supported by national and commercial space 
        transportation capabilities.
    (b) Use of International Space Station.--The Administrator shall 
conduct broadly focused scientific and exploration research and 
development activities using the ISS in a manner consistent with the 
provisions of this title, and advance the Nation's exploration of the 
Moon and beyond, using the ISS as a test-bed and outpost for 
operations, engineering, and scientific research.
    (c) Reports.--No later than March 31 of each year the Administrator 
shall submit a report to the Senate Committee on Commerce, Science, and 
Transportation and the House of Representatives Committee on Science on 
the use of the ISS for these purposes, with implementation milestones 
and associated results.

            TITLE III--NATIONAL SPACE TRANSPORTATION POLICY

SEC. 301. UNITED STATES HUMAN-RATED LAUNCH CAPACITY ASSESSMENT.

    Notwithstanding any other provision of law, the Administrator 
shall, within 60 days after the date of enactment of this Act, provide 
to the Senate Committee on Commerce, Science, and Transportation and 
the House of Representatives Committee on Science, a full description 
of the transportation requirements needed to support the space launch 
and transportation transition implementation plan required by section 
136 of this Act, as well as for the ISS, including--
            (1) the manner in which the capabilities of any proposed 
        human-rated crew and launch vehicles meet the requirements of 
        the implementation plan under section 136 of this Act;
            (2) a retention plan of skilled personnel from the legacy 
        Shuttle program which will sustain the level of safety for that 
        program through the final flight and transition plan that will 
        ensure that any NASA programs can utilize the human capital 
        resources of the Shuttle program, to the maximum extent 
        practicable;
            (3) the implications for and impact on the Nation's 
        aerospace industrial base;
            (4) the manner in which the proposed vehicles contribute to 
        a national mixed fleet launch and flight capacity;
            (5) the nature and timing of the transition from the Space 
        Shuttle to the workforce, the proposed vehicles, and any 
        related infrastructure;
            (6) support for ISS crew transportation, ISS utilization, 
        and lunar exploration architecture;
            (7) for any human rated vehicle, a crew escape system, as 
        well as substantial protection against orbital debris strikes 
        that offers a high level of safety;
            (8) development risk areas;
            (9) the schedule and cost;
            (10) the relationship between crew and cargo capabilities; 
        and
            (11) the ability to reduce risk through the use of 
        currently qualified hardware.

SEC. 302. SPACE SHUTTLE TRANSITION.

    (a) Policy Statement.--It is the policy of the United States to 
possess the capability for assured human access to space. The 
Administrator shall act to ensure that the United States retains that 
capacity on a continuous basis. The Administrator shall conduct the 
transition from the Space Shuttle orbiter to a replacement capacity in 
a manner that efficiently uses the personnel, capabilities, and 
infrastructure that are currently available to the extent feasible.
    (b) Progress Report.--Within 180 days after the date of enactment 
of this Act and annually thereafter, the Administrator shall report to 
the Senate Committee on Commerce, Science, and Transportation and the 
House of Representatives Committee on Science on the progress and the 
estimated amount of time before the next generation human-rated NASA 
spacecraft will demonstrate crewed, orbital spaceflight.
    (c) Policy Compliance Report.--If, 1 year before the final flight 
of the Space Shuttle orbiter, the United States has not demonstrated a 
replacement human space flight system, the Administrator shall certify 
that the United States cannot uphold the policy outlined in subsection 
(a) and shall provide a report to the Senate Committee on Commerce, 
Science, and Transportation and the House of Representatives Committee 
on Science describing--
            (1) United States strategic risks associated with the 
        hiatus or gap;
            (2) the estimated length of time during which the United 
        States will not have independent 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.
    (d) Transition Plan Report.--After providing the information 
required by section 301 to the Committees, the Administrator shall 
transmit a report to the Senate Committee on Commerce, Science, and 
Transportation and the House of Representatives Committee on Science 
containing a detailed and comprehensive Space Shuttle transition plan 
that includes any necessary recertification, including requirements, 
assumptions, and milestones, in order to utilize the Space Shuttle 
orbiter beyond calendar year 2010.
    (e) Contract Terminations; Vendor Replacements.--The Administrator 
may not terminate any contracts nor replace any vendors associated with 
the Space Shuttle until the Administrator transmits the report required 
by subsection (b) to the Committees.

SEC. 303. COMMERCIAL LAUNCH VEHICLES.

    It is the sense of Congress that the Administrator should use 
current and emerging commercial launch vehicles to fulfill appropriate 
mission needs, including the support of low-Earth orbit and lunar 
exploration operations.

SEC. 304. SECONDARY PAYLOAD CAPABILITY.

    (a) In General.--In order to help develop a cadre of experienced 
engineers and to provide more routine and affordable access to space, 
the Administrator shall provide the capabilities to support secondary 
payloads on United States launch vehicles, including free flyers, for 
satellites or scientific payloads weighing less than 500 kilograms.
    (b) Feasibility Study.--The Administrator shall initiate a 
feasibility study for establishing a National Free Flyer Launch Center 
as a means of consolidating and integrating secondary launch 
capabilities, launch opportunities, and payloads.
    (c) Assessment.--The feasibility study required in this section 
shall include an assessment of the potential utilization of existing 
launch and launch support facilities and capabilities in the states of 
Montana and New Mexico and their respective contiguous states, and the 
state of Alaska, and shall include an assessment of the feasibility of 
integrating the potential National Free Flyer Launch Center within the 
operations and facilities of an existing non-profit organization such 
as the Inland Northwest Space Alliance in Missoula, Montana, or similar 
entity.

SEC. 305. POWER AND PROPULSION REPORTING.

    The Administrator shall, within 180 days after the date of 
enactment of this Act, provide to the Senate Committee on Commerce, 
Science, and Transportation and the House of Representatives Committee 
on Science, a full description of plans to develop and utilize nuclear 
power and nuclear propulsion capabilities to achieve agency goals and 
any requirements in this Act, and address how those plans meet the 
intent of the Vision for Space Exploration and the President's Space 
Transportation Policy Directive.

SEC. 306. UTILIZATION OF NASA FIELD CENTERS AND WORKFORCE.

    (a) In General.--In budgeting for and carrying out elements of this 
title, the Administrator shall make the most effective use of existing 
research, development, testing, and space exploration expertise and 
facilities resident within NASA field centers.
    (b) Responsibilities of Field Centers.--The Administrator shall 
take appropriate action to balance responsibilities between the field 
centers for leading the development of systems relevant to the Vision 
for Space Exploration, including systems identified in this title or 
any architecture studies performed by NASA.

                 TITLE IV--ENABLING COMMERCIAL ACTIVITY

SEC. 401. COMMERCIALIZATION PLAN.

    (a) In General.--The Administrator, in consultation with the 
Associate Administrator for Space Transportation of the Federal 
Aviation Administration, the Director of the Office of Space 
Commercialization of the Department of Commerce, and any 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 mission 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 the development of technologies 
and services, shall 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 non-reimbursable agreements under the National 
Aeronautics and Space Act of 1958 (42 U.S.C. 2451 et seq.).
    (b) Report.--Within 180 days after the date of enactment of this 
Act, the Administrator shall submit a copy of the plan to the Senate 
Committee on Commerce, Science, and Transportation and the House of 
Representatives Committee on Science.

SEC. 402. COMMERCIAL TECHNOLOGY TRANSFER PROGRAM.

    (a) In General.--The Administrator shall execute a commercial 
technology transfer program with the goal of facilitating the exchange 
services, products, and intellectual property between NASA and the 
private sector. This program shall be maintained in a manner that 
provides measurable benefits for the agency, the domestic economy, and 
research communities.
    (b) Program Structure.--In carrying out the program described in 
paragraph (a), the Administrator shall maintain the funding and program 
structure of NASA's existing technology transfer and commercialization 
organizations through the end of fiscal year 2006.

SEC. 403. AUTHORITY FOR COMPETITIVE PRIZE PROGRAM TO ENCOURAGE 
              DEVELOPMENT OF ADVANCED SPACE AND AERONAUTICAL 
              TECHNOLOGIES.

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

``SEC. 316. PROGRAM ON COMPETITIVE AWARD OF PRIZES TO ENCOURAGE 
              DEVELOPMENT OF ADVANCED SPACE AND AERONAUTICAL 
              TECHNOLOGIES.

    ``(a) Program Authorized.--
            ``(1) In general.--The Administrator may carry out a 
        program to award 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.
            ``(2) Use of prize authority.--In carrying out the program, 
        the Administrator shall seek to develop and support 
        technologies and areas identified in section 134 of this Act or 
        other areas that the Administrator determines to be providing 
        impetus to NASA's overall exploration and science architecture 
        and plans, such as private efforts to detect near Earth objects 
        and, where practicable, utilize the prize winner's technologies 
        in fulfilling NASA's missions. The Administrator shall widely 
        advertise any competitions conducted under the program and must 
        include advertising to research universities.
            ``(3) Coordination.--The program shall be implemented in 
        compliance with section 138 of the National Aeronautics and 
        Space Administration Authorization Act of 2005.
    ``(b) Program Requirements.--
            ``(1) Competitive process.--Recipients of prizes under the 
        program under this section shall be selected through one or 
        more competitions conducted by the Administrator.
            ``(2) Advertising.--The Administrator shall widely 
        advertise any competitions conducted under the program.
    ``(c) Registration; Assumption of Risk.--
            ``(1) Registration.--Each potential recipient of a prize in 
        a competition under the program under this section shall 
        register for the competition.
            ``(2) Assumption of risk.--In registering for a competition 
        under paragraph (1), a potential recipient of a prize shall 
        assume any and all risks, and waive claims against the United 
        States Government and its related entities, for any injury, 
        death, damage, or loss of property, revenue, or profits, 
        whether direct, indirect, or consequential, arising from 
        participation in the competition, whether such injury, death, 
        damage, or loss arises through negligence or otherwise, except 
        in the case of willful misconduct.
            ``(3) Related entity defined.--In this subsection, the term 
        `related entity' includes a contractor or subcontractor at any 
        tier, a supplier, user, customer, cooperating party, grantee, 
        investigator, or detailee.
    ``(d) Limitations.--
            ``(1) Total amount.--The total amount of cash prizes 
        available for award in competitions under the program under 
        this section in any fiscal year may not exceed $50,000,000.
            ``(2) Approval required for large prizes.--No competition 
        under the program may result in the award of more than 
        $1,000,000 in cash prizes without the approval of the 
        Administrator or a designee of the Administrator.
    ``(e) Relationship to Other Authority.--The Administrator may 
utilize the authority in this section in conjunction with or in 
addition to the utilization of any other authority of the Administrator 
to acquire, support, or stimulate basic and applied research, 
technology development, or prototype demonstration projects.
    ``(f) Availability of Funds.--Funds appropriated for the program 
authorized by this section shall remain available until expended.''.

SEC. 404. COMMERCIAL GOODS AND SERVICES.

    It is the sense of the Congress that NASA should purchase 
commercially available space goods and services to the fullest extent 
feasible in support of the human missions beyond Earth and should 
encourage commercial use and development of space to the greatest 
extent practicable.

             TITLE V--AERONAUTICS RESEARCH AND DEVELOPMENT

SEC. 501. GOVERNMENTAL INTEREST IN AERONAUTICS.

    Congress reaffirms the national commitment to aeronautics research 
made in the National Aeronautics and Space Act of 1958. Aeronautical 
research and development remains a core mission of NASA. NASA is the 
lead agency for civil aeronautics research. NASA shall conduct a robust 
program of aeronautics research that includes fundamental basic 
research as well as research in the fields of vehicle systems and of 
safety and security.

SEC. 502. NATIONAL POLICY FOR AERONAUTICS RESEARCH AND DEVELOPMENT.

    (a) In General.--The President shall develop through NASA and other 
relevant entities, a national aeronautics policy to guide the 
aeronautics programs of the United States through the year 2020. The 
development of this policy shall utilize external studies that have 
been conducted on the state of United States aeronautics and aviation 
research and have suggested policies to ensure continued 
competitiveness.
    (b) Content.--At a minimum the national aeronautics policy shall 
describe--
            (1) national goals for aeronautics research;
            (2) the priority areas of research for aeronautics through 
        fiscal year 2011;
            (3) the basis of which and the process by which priorities 
        for ensuing fiscal years will be selected; and
            (4) respective roles and responsibilities of various 
        Federal agencies in aeronautics research.
    (c) NASA Input.--In providing input to and executing the National 
Aeronautics Policy, the Administrator, shall consider the following 
issues:
            (1) The established governmental interest in conducting 
        research and development programs for improvement of the 
        usefulness, performance, speed, safety, and efficiency of 
        aeronautical and vehicles, as described in section 102(c)(2) of 
        the National Aeronautics and Space Act of 1958 and reaffirmed 
        in section 501.
            (2) The established governmental interest in conducting 
        research and development programs that contribute to 
        preservation of the role of the United States as a global 
        leader in aeronautical technologies and in the application 
        thereof in section 102(c)(5) of the National Aeronautics and 
        Space Act of 1958 and reaffirmed in section 501.
            (3) The appropriate balance between long-term, high risk 
        research and shorter, more incremental research, and the 
        expected impact on the United States economy and public good.
            (4) The appropriate balance between in-house research and 
        procurement with industry and academia.
            (5) The extent to which NASA should address military and 
        commercial aviation needs.
            (6) How NASA will coordinate its aeronautics program with 
        other Federal agencies.
            (7) Opportunities for partnerships with the private sector.
    (d) Schedule.--
            (1) No later than 1 year after the date of enactment of 
        this Act, the President shall submit the national aeronautics 
        policy to the Appropriations Committees of the House of 
        Representatives and the Senate, the House Committee on Science, 
        and the Senate Committee on Commerce, Science, and 
        Transportation.
            (2) No later than 60 days after the transmittal of the 
        policy, the Administrator shall submit NASA's response to the 
        policy, to the Appropriations Committees of the House of 
        Representatives and the Senate, the House Committee on Science, 
        and the Senate Committee on Commerce, Science and 
        Transportation.

SEC. 503. HIGH PRIORITY AERONAUTICS RESEARCH AND DEVELOPMENT PROGRAMS.

    (a) In General.--In its role as lead agency for civil aeronautics 
research and development, NASA shall develop programs and projects in 
accordance with the National Aeronautics Policy described in section 
502, as well program areas listed in subsection (b). These programs 
must be driven by scientific merit.
    (b) Research and Development.--In executing an aeronautics research 
and development program, the Administrator shall, at a minimum, within 
the budgetary and programmatic resources provided, conduct programs in 
the following areas:
            (1) Fundamental 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. The Administrator shall set 
        aside no less than 5 percent of the aeronautics budget for this 
        program. As part of this program, the Administrator is 
        encouraged to make merit-reviewed grants to institutions of 
        higher learning, including such institutions located in states 
        that participate in the Experimental Program to Stimulate 
        Competitive Research.
            (2) Vehicle systems research and technology.--In order to 
        maintain United States economic competitiveness and protect the 
        environment, the Administrator shall establish programs in each 
        of the following technology areas:
                    (A) Environmental aircraft research and 
                development.--The Administrator shall establish an 
                initiative with the objective of developing and 
                demonstrating in a relevant environment, technologies 
                to enable the following commercial aircraft performance 
                characteristics:
                            (i) 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;
                            (ii) 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; and
                            (iii) Emissions.--Nitrogen oxides on take-
                        off and landing that are significantly reduced, 
                        without adversely affecting hydrocarbons and 
                        smoke, relative to aircraft in commercial 
                        service as of the date of enactment of this 
                        Act.
                    (B) Supersonic transport research and 
                development.--The Administrator shall establish an 
                initiative with the objective of developing and 
                demonstrating in a relevant environment within 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 shall 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 shall 
                establish a hypersonics research program whose 
                objective shall be to explore the science and 
                technology of hypersonic flight using air-breathing 
                propulsion concepts, through a mix of theoretical work, 
                basic and applied research, and development of flight 
                research demonstration vehicles. Emphasis in the 
                program shall be given to advancing and demonstrating 
                turbine engine technology in the transition to 
                hypersonic range Mach 3 to Mach 5.
                    (E) Revolutionary aeronautical concepts.--The 
                Administrator shall 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) More electric aircraft initiative.--The 
                Administrator shall establish a program for innovative 
                and focused research and development such as fuel cell 
                technologies.
            (3) Airspace systems research.--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. In pursuing 
        research and development in this area, the Administrator shall 
        align the projects of the Airspace Systems Research program so 
        that they directly support the objectives of the Joint Planning 
        and Development Office's Next Generation air Transportation 
        System Integrated Plan.
            (4) Aviation safety and security research.--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.

SEC. 504. TEST FACILITIES.

    (a) Prior to completion of the National Aeronautics Policy 
described in section 502 and transmittal of such policy pursuant to 
subsection (d) of that section, the Administrator may not close, 
suspend, or terminate contracts for the operation of major aeronautical 
test facilities, including wind tunnels, unless the Administrator--
            (1) certifies in writing that such closure will not have an 
        adverse impact on NASA's ability to execute the National Policy 
        and achieve the goals described in that Policy; and
            (2) provides notification to and receives concurrence from 
        the Appropriations Committees of the House of Representatives 
        and the Senate, the House Committee on Science, and the Senate 
        Committee on Commerce, Science and Transportation 60 days in 
        advance of such action.

SEC. 505. MISCELLANEOUS PROVISIONS.

    (a) Workforce Development.--The Administrator shall encourage the 
development of a skilled and diverse aeronautics research workforce 
using appropriate available tools such as grants, scholarships for 
service, and fellowships.
    (b) Alignment of Programs.--Notwithstanding any other provision of 
this title, the Administrator shall align NASA's aeronautics program 
with priorities established by the Joint Planning and Development 
Office and by the National Aeronautics Policy described in section 502 
of this Act.

          TITLE VI--MISCELLANEOUS ADMINISTRATIVE IMPROVEMENTS

SEC. 601. EXTENSION OF INDEMNIFICATION AUTHORITY.

    Section 309 of the National Aeronautics and Space Act of 1958 (42 
U.S.C. 2458c) is amended by striking ``December 31, 2002'' and 
inserting ``December 31, 2007'', and by striking ``September 30, 2005'' 
and inserting ``December 31, 2009''.

SEC. 602. INTELLECTUAL PROPERTY PROVISIONS.

    Section 305 of the National Aeronautics and Space Act of 1958 (42 
U.S.C. 2457) is amended by inserting after subsection (f) the 
following:
    ``(g) Assignment of Patent Rights, etc.--
            ``(1) In general.--Under agreements entered into pursuant 
        to paragraph (5) or (6) of section 203(c) of this Act (42 
        U.S.C. 2473(c)(5) or (6)), the Administrator may--
                    ``(A) grant or agree to grant in advance to a 
                participating party, patent licenses or assignments, or 
                options thereto, in any invention made in whole or in 
                part by an Administration employee under the agreement; 
                or
                    ``(B) subject to section 209 of title 35, grant a 
                license to an invention which is Federally owned, for 
                which a patent application was filed before the signing 
                of the agreement, and directly within the scope of the 
                work under the agreement, for reasonable compensation 
                when appropriate.
            ``(2) Exclusivity.--The Administrator shall ensure, through 
        such agreement, that the participating party has the option to 
        choose an exclusive license for a pre-negotiated field of use 
        for any such invention under the agreement or, if there is more 
        than 1 participating party, that the participating parties are 
        offered the option to hold licensing rights that collectively 
        encompass the rights that would be held under such an exclusive 
        license by one party.
            ``(3) Conditions.--In consideration for the Government's 
        contribution under the agreement, grants under this subsection 
        shall be subject to the following explicit conditions:
                    ``(A) A nonexclusive, nontransferable, irrevocable, 
                paid-up license from the participating party to the 
                Administration to practice the invention or have the 
                invention practiced throughout the world by or on 
                behalf of the Government. In the exercise of such 
                license, the Government shall not publicly disclose 
                trade secrets or commercial or financial information 
                that is privileged or confidential within the meaning 
                of section 552 (b)(4) of title 5, United States Code, 
                or which would be considered as such if it had been 
                obtained from a non-Federal party.
                    ``(B) If the Administration assigns title or grants 
                an exclusive license to such an invention, the 
                Government shall retain the right--
                            ``(i) to require the participating party to 
                        grant to a responsible applicant a 
                        nonexclusive, partially exclusive, or exclusive 
                        license to use the invention in the applicant's 
                        licensed field of use, on terms that are 
                        reasonable under the circumstances; or
                            ``(ii) if the participating party fails to 
                        grant such a license, to grant the license 
                        itself.
                    ``(C) The Government may exercise its right 
                retained under subparagraph (B) only in exceptional 
                circumstances and only if the Government determines 
                that--
                            ``(i) the action is necessary to meet 
                        health or safety needs that are not reasonably 
                        satisfied by the participating party;
                            ``(ii) the action is necessary to meet 
                        requirements for public use specified by 
                        Federal regulations, and such requirements are 
                        not reasonably satisfied by the participating 
                        party; or
                            ``(iii) the action is necessary to comply 
                        with an agreement containing provisions 
                        described in section 12(c)(4)(B) of the 
                        Stevenson-Wydler Technology Innovation Act of 
                        1980 (15 U.S.C. 3710a(c)(4)(B)).
                    ``(4) Appeal and review of determination.--A 
                determination under paragraph (3)(C) is subject to 
                administrative appeal and judicial review under section 
                203(b) of title 35, United States Code.''.

SEC. 603. RETROCESSION OF JURISDICTION.

    Title III of the National Aeronautics and Space Act of 1958, as 
amended by section 602 of this Act, is further amended by adding at the 
end the following:

``SEC. 317. RETROCESSION OF JURISDICTION.

    ``Notwithstanding any other provision of law, the Administrator 
may, whenever the Administrator considers it desirable, relinquish to a 
State all or part of the legislative jurisdiction of the United States 
over lands or interests under the Administrator's control in that 
State. Relinquishment of legislative jurisdiction under this section 
may be accomplished (1) by filing with the Governor of the State 
concerned a notice of relinquishment to take effect upon acceptance 
thereof, or (2) as the laws of the State may otherwise provide.''.

SEC. 604. RECOVERY AND DISPOSITION AUTHORITY.

    Title III of the National Aeronautics and Space Act of 1958, as 
amended by section 603 of this Act, is further amended by adding at the 
end the following:

``SEC. 318. RECOVERY AND DISPOSITION AUTHORITY.

    ``(a) In General.--
            ``(1) Control of remains.--Subject to paragraph (2), when 
        there is an accident or mishap resulting in the death of a 
        crewmember of a NASA human space flight vehicle, the 
        Administrator may take control over the remains of the 
        crewmember and order autopsies and other scientific or medical 
        tests.
            ``(2) Treatment.--Each crewmember shall provide the 
        Administrator with his or her preferences regarding the 
        treatment accorded to his or her remains and the Administrator 
        shall, to the extent possible, respect those stated 
        preferences.
    ``(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) 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. 605. REQUIREMENT FOR INDEPENDENT COST ANALYSIS.

    Section 301 of the National Aeronautics and Space Administration 
Authorization Act of 2000 (42 U.S.C. 2459g) amended--
            (1) by striking ``Phase B'' in subsection (a) and inserting 
        ``implementation'';
            (2) by striking ``Chief Financial Officer'' each place it 
        appears in subsection (a) and inserting ``Administrator'';
            (3) by inserting ``and consider'' in subsection (a) after 
        ``shall conduct''; and
            (4) 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 program or 
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 to the 
customers.''.

SEC. 606. ELECTRONIC ACCESS TO BUSINESS OPPORTUNITIES.

    Title III of the National Aeronautics and Space Act of 1958, as 
amended by section 604 of this Act, is further amended by adding at the 
end the following:

``SEC. 319. ELECTRONIC ACCESS TO BUSINESS OPPORTUNITIES.

    ``(a) In General.--The Administrator may implement a pilot program 
providing for reduction in the waiting period between publication of 
notice of a proposed contract action and release of the solicitation 
for procurements conducted by the National Aeronautics and Space 
Administration.
    ``(b) Applicability.--The program implemented under subsection (a) 
shall apply to non-commercial acquisitions--
            ``(1) with a total value in excess of $100,000 but not more 
        than $5,000,000, including options;
            ``(2) that do not involve bundling of contract requirements 
        as defined in section 3(o) of the Small Business Act (15 U.S.C. 
        632(o)); and
            ``(3) for which a notice is required by section 8(e) of the 
        Small Business Act (15 U.S.C. 637(e)) and section 18(a) of the 
        Office of Federal Procurement Policy Act (41 U.S.C. 416(a)).
    ``(c) Notice.--
            ``(1) Notice of acquisitions subject to the program 
        authorized by this section shall be made accessible through the 
        single Government-wide point of entry designated in the Federal 
        Acquisition Regulation, consistent with section 30(c)(4) of the 
        Office of Federal Procurement Policy Act (41 U.S.C. 426(c)(4)).
            ``(2) Providing access to notice in accordance with 
        paragraph (1) satisfies the publication requirements of section 
        8(e) of the Small Business Act (15 U.S.C. 637(e)) and section 
        18(a) of the Office of Federal Procurement Policy Act (41 
        U.S.C. 416(a)).
    ``(d) Solicitation.--Solicitations subject to the program 
authorized by this section shall be made accessible through the 
Government-wide point of entry, consistent with requirements set forth 
in the Federal Acquisition Regulation, except for adjustments to the 
wait periods as provided in subsection (e).
    ``(e) Wait Period.--
            ``(1) Whenever a notice required by section 8(e)(1)(A) of 
        the Small Business Act (15 U.S.C. 637(e)(1)(A)) and section 
        18(a) of the Office of Federal Procurement Policy Act (41 
        U.S.C. 416(a)) is made accessible in accordance with subsection 
        (c) of this section, the wait period set forth in section 
        8(e)(3)(A) of the Small Business Act (15 U.S.C. 637(e)(3)(A)) 
        and section 18(a)(3)(A) of the Office of Federal Procurement 
        Policy Act (41 U.S.C. 416(a)(3)(A)), shall be reduced by 5 
        days. If the solicitation applying to that notice is accessible 
        electronically in accordance with subsection (d) simultaneously 
        with issuance of the notice, the wait period set forth in 
        section 8(e)(3)(A) of the Small Business Act (15 U.S.C. 
        637(e)(3)(A)) and section 18(a)(3)(A) of the Office of Federal 
        Procurement Policy Act (41 U.S.C. 416(a)(3)(A)) shall not apply 
        and the period specified in section 8(e)(3)(B) of the Small 
        Business Act and section 18(a)(3)(B) of the Office of Federal 
        Procurement Policy Act for submission of bids or proposals 
        shall begin to run from the date the solicitation is 
        electronically accessible.
            ``(2) When a notice and solicitation are made accessible 
        simultaneously and the wait period is waived pursuant to 
        paragraph (1), the deadline for the submission of bids or 
        proposals shall be not less than 5 days greater than the 
        minimum deadline set forth in section 8(e)(3)(B) of the Small 
        Business Act (15 U.S.C. 637(e)(3)(B)) and section 18(a)(3)(B) 
        of the Office of Federal Procurement Policy Act (41 U.S.C. 
        416(a)(3)(B)).
    ``(f) Implementation.--
            ``(1) Nothing in this section shall be construed as 
        modifying regulatory requirements set forth in the Federal 
        Acquisition Regulation, except with respect to--
                    ``(A) the applicable wait period between 
                publication of notice of a proposed contract action and 
                release of the solicitation; and
                    ``(B) the deadline for submission of bids or 
                proposals for procurements conducted in accordance with 
                the terms of this pilot program.
            ``(2) This section shall not apply to the extent the 
        President determines it is inconsistent with any international 
        agreement to which the United States is a party.
    ``(g) Study.--Within 18 months after the effective date of the 
program, NASA, in coordination with the Small Business Administration, 
the General Services Administration, and the Office of Management and 
Budget, shall evaluate the impact of the pilot program and submit to 
Congress a report that--
            ``(1) sets forth in detail the results of the test, 
        including the impact on competition and small business 
        participation; and
            ``(2) addresses whether the pilot program should be made 
        permanent, continued as a test program, or allowed to expire.
    ``(h) Regulations.--The Administrator shall publish proposed 
revisions to the NASA Federal Acquisition Regulation Supplement 
necessary to implement this section in the Federal Register not later 
than 120 days after the date of enactment of the National Aeronautics 
and Space Administration Authorization Act of 2005. The Administrator 
shall--
            ``(1) make the proposed regulations available for public 
        comment for a period of not less than 60 days; and
            ``(2) publish final regulations in the Federal Register not 
        later than 240 days after the date of enactment of that Act.
    ``(i) Effective Date.--
            ``(1) In general.--The pilot program authorized by this 
        section shall take effect on the date specified in the final 
        regulations promulgated pursuant to subsection (h)(2).
            ``(2) Limitation.--The date so specified shall be no less 
        than 30 days after the date on which the final regulation is 
        published.
    ``(j) Expiration of Authority.--The authority to conduct the pilot 
program under subsection (a) and to award contracts under such program 
shall expire 2 years after the effective date established in the final 
regulations published in the Federal Register under subsection 
(h)(2).''.

SEC. 607. REPORTS ELIMINATION.

    (a) Repeals.--The following provisions of law are repealed:
            (1) Section 201 of the National Aeronautics and Space 
        Administration Authorization Act of 2000 (42 U.S.C. 2451 note).
            (2) Section 304(d) of the Federal Aviation Administration 
        Research, Engineering, and Development Authorization Act of 
        1992 (49 U.S.C. 47508 note).
    (b) Amendments.--
            (1) Section 315 of the National Aeronautics and Space 
        Administration Act of 1958 (42 U.S.C. 2459j) is amended by 
        striking subsection (a) and redesignating subsections (b) 
        through (f) as subsections (a) through (e).
            (2) Section 315(a) of the National Aeronautics and Space 
        Administration Authorization Act, Fiscal Year 1993 (42 U.S.C. 
        2487a(c)) is amended by striking subsection (c) and 
        redesignating subsection (d) as subsection (c).
            (3) Section 323 of the National Aeronautics and Space 
        Administration Authorization Act of 2000 is amended by striking 
        subsection (a).

SEC. 608. SMALL BUSINESS CONTRACTING.

    (a) Plan.--In consultation with the Small Business Administration, 
the Administrator shall develop a plan to maximize the number and 
amount of contracts awarded to small business concerns (within the 
meaning given that term in section 3 of the Small Business Act (15 
U.S.C. 632) and to meet established contracting goals for such 
concerns.
    (b) Priority.--The Administrator shall establish, as a priority, 
meeting the contracting goals developed in conjunction with the Small 
Business Administration to maximize the amount of prime contracts, as 
measured in dollars, awarded in each fiscal year by NASA to small 
business concerns (within the meaning given that term in section 3 of 
the Small Business Act (15 U.S.C. 632)).

SEC. 609. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW AND REPORT.

    (a) Review.--The Comptroller General of the United States shall 
conduct a review of NASA's policies, processes, and procedures in the 
planning and management of applications research and development 
implemented in calendar years 2001 to 2005 within the Applied Sciences 
Directorate and former Earth Science Applications Program. A formal and 
transparent peer review process that instills public and stakeholder 
confidence in NASA's sponsored applications research and development 
programs is important and the process by which this program defines 
requirements, scopes programs, selects peer reviewers, manages the 
research competition, and selects proposals is of concern. The 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--
                    (A) membership selection, determination of 
                qualifications and use of NASA and non-NASA reviewers;
                    (B) management of conflicts of interest, including 
                reviewers funded by the program with a significant 
                consulting or contractual relationship with NASA, and 
                individuals who both review proposals and participate 
                in the submission of proposals under the same 
                solicitation announcement;
                    (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--
                    (A) the National Institutes of Health's 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) the Department of Agriculture's research 
                programs and structure, peer review process, management 
                of conflicts of interest, compensation of reviewers, 
                and the effects of compensation on reviewer efficiency 
                and quality; and
                    (C) the ``best practices'' of both in the planning, 
                selection, and management of applied sciences research 
                and development.
    (b) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Comptroller General shall submit a report to the 
Senate Committee on Commerce, Science, and Transportation and the House 
of Representatives Committee on Science describing the results of the 
review conducted under subsection (a), including recommendations for 
NASA best practices.
    (c) Implementation.--Not later than 90 days after receipt of the 
report, NASA shall provide the Senate Committee on Commerce, Science, 
and Transportation and the House of Representatives Committee on 
Science a plan describing the implementation of those recommendations.

            Passed the Senate September 28, 2005.

            Attest:

                                                             Secretary.
109th CONGRESS

  1st Session

                                S. 1281

_______________________________________________________________________

                                 AN ACT

  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.
```