In the House of Representatives, U. S.,

November 18, 2005.

Resolved, That the bill from the Senate (S. 1281) entitled ‘‘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’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the ‘‘Na3 tional Aeronautics and Space Administration Authoriza4 tion Act of 2005’’. 

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

6 this Act is as follows:

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

Sec. 3. Definitions. 

TITLE I—GENERAL PRINCIPLES AND REPORTS 

Sec. 101. Responsibilities, policies, and plans. 

Sec. 102. Reports. 

Sec. 103. Baselines and cost controls. 

Sec. 104. Prize authority. 

Sec. 105. Foreign launch vehicles. 

Sec. 106. Safety management. 

Sec. 107. Lessons learned and best practices. 

Sec. 108. Commercialization plan. 
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Sec. 109. Study on the feasibility of use of ground source heat pumps. 

Sec. 110. Space shuttle return to flight. 

Sec. 111. Whistleblower protection. 

TITLE II—AUTHORIZATION OF APPROPRIATIONS 

Sec. 201. Structure of budgetary accounts. 

Sec. 202. Fiscal year 2006. 

Sec. 203. Fiscal year 2007. 

Sec. 204. ISS research. 

Sec. 205. Test facilities. 

Sec. 206. Proportionality. 

Sec. 207. Limitations on authority. 

Sec. 208. Notice of reprogramming. 

Sec. 209. Cost overruns. 

Sec. 210. Official representational fund. 

Sec. 211. International Space Station cost cap. 

TITLE III—SCIENCE 

Subtitle A—General Provisions 

Sec. 301. Performance assessments. 

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

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

Sec. 304. Assessment of science mission extensions. 

Sec. 305. Microgravity research. 

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

Subtitle B—Remote Sensing 

Sec. 311. Definitions. 

Sec. 312. Pilot projects to encourage public sector applications. 

Sec. 313. Program evaluation. 

Sec. 314. Data availability. 

Sec. 315. Education. 

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

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

TITLE IV—AERONAUTICS 

Sec. 401. Definition. 

Subtitle A—National Policy for Aeronautics Research and Development 

Sec. 411. Policy. 

Subtitle B—NASA Aeronautics Breakthrough Research Initiatives 

Sec. 421. Environmental aircraft research and development initiative. 

Sec. 422. Civil supersonic transport research and development initiative. 

Sec. 423. Rotorcraft and other runway-independent air vehicles research and development initiative. 
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Subtitle C—Other NASA Aeronautics Research and Development Activities 

Sec. 431. Fundamental research and technology base program. 

Sec. 432. Airspace systems research. 

Sec. 433. Aviation safety and security research. 

Sec. 434. Zero-emissions aircraft research. 

Sec. 435. Mars aircraft research. 

Sec. 436. Hypersonics research. 

Sec. 437. NASA aeronautics scholarships. 

Sec. 438. Aviation weather research. 

Sec. 439. Assessment of wake turbulence research and development program. 

Sec. 440. University-based centers. 

TITLE V—HUMAN SPACE FLIGHT 

Sec. 501. International Space Station completion. 

Sec. 502. Human exploration priorities. 

Sec. 503. GAO assessment. 

TITLE VI—OTHER PROGRAM AREAS 

Subtitle A—Space and Flight Support 

Sec. 601. Orbital debris. 

Sec. 602. Secondary payload capability. 

Subtitle B—Education 

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

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

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

Sec. 614. Review of education programs. 

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

Sec. 616. Museums. 

Sec. 617. Review of MUST program. 

TITLE VII—MISCELLANEOUS AMENDMENTS 

Sec. 701. Retrocession of jurisdiction. 

Sec. 702. Extension of indemnification. 

Sec. 703. NASA scholarships. 

Sec. 704. Independent cost analysis. 

Sec. 705. Limitations on off-shore performance of contracts for the procurement 

of goods and services. 

Sec. 706. Long duration flight. 

TITLE VIII—INDEPENDENT COMMISSIONS 

Sec. 801. Definitions. 

Subtitle A—International Space Station Independent Safety Commission 

Sec. 811. Establishment of Commission. 

Sec. 812. Tasks of the Commission. 

Sec. 813. Sunset. 

Subtitle B—Human Space Flight Independent Investigation Commission 

Sec. 821. Establishment of Commission. 
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Sec. 822. Tasks of the Commission. 

Subtitle C—Organization and Operation of Commissions 

Sec. 831. Composition of Commissions. 

Sec. 832. Powers of Commission. 

Sec. 833. Public meetings, information, and hearings. 

Sec. 834. Staff of Commission. 

Sec. 835. Compensation and travel expenses. 

Sec. 836. Security clearances for Commission members and staff. 

Sec. 837. Reporting requirements and termination.

1 SEC. 2. FINDINGS. 

2 The Congress finds the following: 

3 (1) On January 14, 2004, the President unveiled 

4 the Vision for Space Exploration to guide United 

5 States policy on human space exploration. 

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

7 to the Moon and working toward a sustainable 

8 human presence there and then venturing further into 

9 the solar system provides a sustainable rationale for 

10 the United States human space flight program. 

11 (3) As we enter the Second Space Age, the Na12 tional Aeronautics and Space Administration should 

13 continue to support robust programs in space science, 

14 aeronautics, and earth science as it moves forward 

15 with plans to send Americans to the Moon, Mars, and 

16 worlds beyond. 

17 (4) The National Aeronautics and Space Admin18 istration’s programs can advance the frontiers of 

19 science, expanding understanding of our planet and 
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1 of the universe, and contribute to American pros2 perity. 

3 (5) The United States should honor its inter4 national commitments to the International Space 

5 Station program. 

6 (6) The United States must remain the leader in 

7 aeronautics and aviation. Any erosion of this pre8 eminence is not in the Nation’s economic or security 

9 interests. Past Federal investments in aeronautics re10 search and development have benefited the economy 

11 and national security of the United States and im12 proved the quality of life of its citizens. 

13 (7) Long-term progress in aeronautics and space 

14 requires continued Federal investment in funda15 mental research, test facilities, and maintenance of a 

16 skilled civil service workforce at NASA’s Centers. 

17 (8) An important part of NASA’s mission is 

18 education and outreach. 

19 SEC. 3. DEFINITIONS. 

20 In this Act: 

21 (1) ADMINISTRATOR.—The term ‘‘Adminis22 trator’’ means the Administrator of the National Aer23 onautics and Space Administration. 

24 (2) ISS.—The term ‘‘ISS’’ means the Inter25 national Space Station. 
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1 (3) NASA.—The term ‘‘NASA’’ means the Na2 tional Aeronautics and Space Administration. 

3 TITLE I—GENERAL PRINCIPLES 

4 AND REPORTS 

5 SEC. 101. RESPONSIBILITIES, POLICIES, AND PLANS. 

6 (a) GENERAL RESPONSIBILITIES.—

7 (1) PROGRAMS.—The Administrator shall ensure 

8 that NASA carries out a balanced set of programs 

9 that shall include, at a minimum, programs in—

10 (A) human space flight, in accordance with 

11 subsection (b); 

12 (B) aeronautics research and development; 

13 and 

14 (C) scientific research, which shall include, 

15 at a minimum—

16 (i) robotic missions to study planets, 

17 and to deepen understanding of astronomy, 

18 astrophysics, and other areas of science that 

19 can be productively studied from space; 

20 (ii) earth science research and research 

21 on the Sun-Earth connection through the 

22 development and operation of research sat23 ellites and other means; 
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1 (iii) support of university research in 

2 space science, earth science and micro3 gravity science. 

4 (iv) research on microgravity, includ5 ing research that is not directly related to 

6 human exploration. 

7 (2) CONSULTATION AND COORDINATION.—In car8 rying out the programs of NASA, the Administrator 

9 shall—

10 (A) consult and coordinate to the extent ap11 propriate with other relevant Federal agencies, 

12 including through the National Science and 

13 Technology Council; 

14 (B) work closely with the private sector, in15 cluding by—

16 (i) encouraging the work of entre17 preneurs who are seeking to develop new 

18 means to launch satellites, crew, or cargo; 

19 (ii) contracting with the private sector 

20 for crew and cargo services to the extent 

21 practicable; and 

22 (iii) using commercially available 

23 products (including software) and services 

24 to the extent practicable to support all 

25 NASA activities; and 
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1 (C) involve other nations to the extent ap2 propriate. 

3 (b) VISION FOR SPACE EXPLORATION.—The Adminis4 trator shall manage human space flight programs to strive 

5 to achieve the following goals: 

6 (1) Returning Americans to the Moon no later 

7 than 2020. 

8 (2) Launching the Crew Exploration Vehicle as 

9 close to 2010 as possible. 

10 (3) Increasing knowledge of the impacts of long 

11 duration stays in space on the human body using the 

12 most appropriate facilities available. 

13 (4) Enabling humans to land on and return 

14 from Mars and other destinations on a timetable that 

15 is technically and fiscally possible. 

16 (c) AERONAUTICS.—

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

18 States, through the Administrator, and in consulta19 tion with other Federal agencies, shall develop a na20 tional aeronautics policy to guide the aeronautics 

21 programs of NASA through 2020. 

22 (2) CONTENT.—At a minimum, the national aer23 onautics policy shall describe for NASA—

24 (A) the priority areas of research for aero25 nautics through fiscal year 2011; 
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1 (B) the basis on which and the process by 

2 which priorities for ensuing fiscal years will be 

3 selected; 

4 (C) the facilities and personnel needed to 

5 carry out the aeronautics program through fiscal 

6 year 2011; and 

7 (D) the budget assumptions on which the 

8 national aeronautics policy is based, which for 

9 fiscal years 2006 and 2007 shall be the author10 ized level for aeronautics provided in title II of 

11 this Act. 

12 (3) CONSIDERATIONS.—In developing the na13 tional aeronautics policy, the President shall consider 

14 the following issues, which shall be discussed in the 

15 transmittal under paragraph (5): 

16 (A) The extent to which NASA should focus 

17 on long-term, high-risk research or more incre18 mental research, and the expected impact on the 

19 United States aircraft and airline industries of 

20 that decision. 

21 (B) The extent to which NASA should ad22 dress military and commercial needs. 

23 (C) How NASA will coordinate its aero24 nautics program with other Federal agencies. 
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1 (D) The extent to which NASA will fund 

2 university research, and the expected impact of 

3 that funding on the supply of United States 

4 workers for the aeronautics industry. 

5 (E) The extent to which the priority areas 

6 of research listed pursuant to paragraph (2)(A) 

7 should include the activities authorized by title 

8 IV of this Act, the discussion of which shall in9 clude a priority ranking of all of the activities 

10 authorized in title IV and an explanation for 

11 that ranking. 

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

13 national aeronautics policy, the Administrator shall 

14 consult widely with academic and industry experts 

15 and with other Federal agencies. The Administrator 

16 may enter into an arrangement with the National 

17 Academy of Sciences to help develop the national aer18 onautics policy. 

19 (5) SCHEDULE.—The Administrator shall trans20 mit the national aeronautics policy to the Committee 

21 on Appropriations and the Committee on Science of 

22 the House of Representatives, and to the Committee 

23 on Appropriations and the Committee on Commerce, 

24 Science, and Transportation of the Senate, not later 

25 than the date on which the President submits the pro-
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1 posed budget for the Federal Government for fiscal 

2 year 2007 to the Congress. The Administrator shall 

3 make available to those committees any study done by 

4 a nongovernmental entity that was used in the devel5 opment of the national aeronautics policy. 

6 (d) SCIENCE.—

7 (1) IN GENERAL.—The Administrator shall de8 velop a policy to guide the science programs of NASA 

9 through 2016. 

10 (2) CONTENT.—At a minimum, the policy shall 

11 describe—

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

13 develop, launch, or operate in space science and 

14 earth science through fiscal year 2016, including 

15 launch dates; 

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

17 listed under subparagraph (A), and the rationale 

18 for the ranking; 

19 (C) the budget assumptions on which the 

20 policy is based, which for fiscal years 2006 and 

21 2007 shall be consistent with the authorizations 

22 provided in title II of this Act; and 

23 (D) the facilities and personnel needed to 

24 carry out the policy through fiscal year 2016. 
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1 (3) CONSIDERATIONS.—In developing the science 

2 policy under this subsection, the Administrator shall 

3 consider the following issues, which shall be discussed 

4 in the transmittal under paragraph (6): 

5 (A) What the most important scientific 

6 questions in space science and earth science are. 

7 (B) The relationship between NASA’s space 

8 and earth science activities and those of other 

9 Federal agencies. 

10 (4) CONSULTATION.—In developing the policy 

11 under this subsection, the Administrator shall draw 

12 on decadal surveys and other reports in planetary 

13 science, astronomy, solar and space physics, earth 

14 science, and any other relevant fields developed by the 

15 National Academy of Sciences. The Administrator 

16 shall also consult widely with academic and industry 

17 experts and with other Federal agencies. 

18 (5) HUBBLE SPACE TELESCOPE.—The policy de19 veloped under this subsection shall address plans for 

20 a human mission to repair the Hubble Space Tele21 scope consistent with section 302 of this Act. 

22 (6) SCHEDULE.—The Administrator shall trans23 mit the policy developed under this subsection to the 

24 Committee on Science of the House of Representatives 

25 and the Committee on Commerce, Science, and Trans-
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1 portation of the Senate not later than the date on 

2 which the President submits the proposed budget for 

3 the Federal Government for fiscal year 2007 to the 

4 Congress. The Administrator shall make available to 

5 those committees any study done by a nongovern6 mental entity that was used in the development of the 

7 policy. 

8 (e) FACILITIES.—

9 (1) IN GENERAL.—The Administrator shall de10 velop a plan for managing NASA’s facilities through 

11 fiscal year 2015. The plan shall be consistent with the 

12 policies and plans developed pursuant to this section. 

13 (2) CONTENT.—At a minimum, the plan shall 

14 describe—

15 (A) any new facilities NASA intends to ac16 quire, whether through construction, purchase, or 

17 lease, and the expected dates for doing so; 

18 (B) any facilities NASA intends to signifi19 cantly modify, and the expected dates for doing 

20 so; 

21 (C) any facilities NASA intends to close, 

22 and the expected dates for doing so; 

23 (D) any transaction NASA intends to con24 duct to sell, lease, or otherwise transfer the own-
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1 ership of a facility, and the expected dates for 

2 doing so; 

3 (E) how each of the actions described in 

4 subparagraphs (A), (B), (C), and (D) will en5 hance the ability of NASA to carry out its pro6 grams; 

7 (F) the expected costs or savings expected 

8 from each of the actions described in subpara9 graphs (A), (B), (C), and (D); 

10 (G) the priority order of the actions de11 scribed in subparagraphs (A), (B), (C), and (D); 

12 (H) the budget assumptions of the plan, 

13 which for fiscal years 2006 and 2007 shall be 

14 consistent with the authorizations provided in 

15 title II of this Act; and 

16 (I) how facilities were evaluated in devel17 oping the plan. 

18 (3) SCHEDULE.—The Administrator shall trans19 mit the plan developed under this subsection to the 

20 Committee on Science of the House of Representatives 

21 and the Committee on Commerce, Science, and Trans22 portation of the Senate not later than the date on 

23 which the President submits the proposed budget for 

24 the Federal Government for fiscal year 2008 to the 

25 Congress. 
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1 (f) WORKFORCE.—

2 (1) IN GENERAL.—The Administrator shall de3 velop a human capital strategy to ensure that NASA 

4 has a workforce of the appropriate size and with the 

5 appropriate skills to carry out the programs of 

6 NASA, consistent with the policies and plans devel7 oped pursuant to this section. The strategy shall cover 

8 the period through fiscal year 2011. 

9 (2) CONTENT.—The strategy shall describe, at a 

10 minimum—

11 (A) any categories of employees NASA in12 tends to reduce, the expected size and timing of 

13 those reductions, the methods NASA intends to 

14 use to make the reductions, and the reasons 

15 NASA no longer needs those employees; 

16 (B) any categories of employees NASA in17 tends to increase, the expected size and timing of 

18 those increases, the methods NASA intends to use 

19 to recruit the additional employees, and the rea20 sons NASA needs those employees; 

21 (C) the steps NASA will use to retain need22 ed employees; and 

23 (D) the budget assumptions of the strategy, 

24 which for fiscal years 2006 and 2007 shall be 

25 consistent with the authorizations provided in 
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1 title II of this Act, and any expected additional 

2 costs or savings from the strategy by fiscal year. 

3 (3) SCHEDULE.—The Administrator shall trans4 mit the strategy developed under this subsection to the 

5 Committee on Science of the House of Representatives 

6 and the Committee on Commerce, Science, and Trans7 portation of the Senate not later than the date on 

8 which the President submits the proposed budget for 

9 the Federal Government for fiscal year 2007 to the 

10 Congress. At least 60 days before transmitting the 

11 strategy, NASA shall provide a draft of the strategy 

12 to its Federal Employee Unions for a 30-day con13 sultation period after which NASA shall respond in 

14 writing to any written concerns provided by the 

15 Unions. 

16 (4) LIMITATION.—NASA may not initiate any 

17 buyout offer until 60 days after the strategy required 

18 by this subsection has been transmitted to the Con19 gress in accordance with paragraph (3). NASA may 

20 not implement any Reduction in Force or other invol21 untary separations (except for cause) prior to Feb22 ruary 16, 2007. 

23 (g) CENTER MANAGEMENT.—

24 (1) IN GENERAL.—The Administrator shall con25 duct a study to determine whether any of NASA’s 
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1 centers should be operated by or with the private sec2 tor by converting a center to a Federally Funded Re3 search and Development Center or through any other 

4 mechanism. 

5 (2) CONTENT.—The study shall, at a min6 imum—

7 (A) make a recommendation for the oper8 ation of each center and provide reasons for that 

9 recommendation; and 

10 (B) describe the advantages and disadvan11 tages of each mode of operation considered in the 

12 study. 

13 (3) CONSIDERATIONS.—In conducting the study, 

14 the Administrator shall take into consideration the 

15 experiences of other relevant Federal agencies in oper16 ating laboratories and centers and any reports that 

17 have reviewed the mode of operation of those labora18 tories and centers, as well as any reports that have 

19 reviewed NASA’s centers. 

20 (4) SCHEDULE.—The Administrator shall trans21 mit the study conducted under this subsection to the 

22 Committee on Science of the House of Representatives 

23 and the Committee on Commerce, Science, and Trans24 portation of the Senate not later than May 31, 2006. 
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1 (h) BUDGETS.—The proposed budget for NASA sub2 mitted by the President for each fiscal year shall be accom3 panied by documents showing—

4 (1) the budget for each element of the human 

5 space flight program; 

6 (2) the budget for aeronautics; 

7 (3) the budget for space science; 

8 (4) the budget for earth science; 

9 (5) the budget for microgravity science; 

10 (6) the budget for education; 

11 (7) the budget for technology transfer programs; 

12 (8) the budget for the Integrated Financial Man13 agement Program, by individual element; 

14 (9) the budget for the Independent Technical Au15 thority, both total and by center; 

16 (10) the budget for public relations, by program; 

17 (11) the comparable figures for at least the 2 pre18 vious fiscal years for each item in the proposed budg19 et; 

20 (12) the amount of unobligated funds and unex21 pended funds, by appropriations account—

22 (A) that remained at the end of the fiscal 

23 year prior to the fiscal year in which the budget 

24 is being presented that were carried over into the 
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1 fiscal year in which the budget is being pre2 sented; 

3 (B) that are estimated will remain at the 

4 end of the fiscal year in which the budget is 

5 being presented that are proposed to be carried 

6 over into the fiscal year for which the budget is 

7 being presented; and 

8 (C) that are estimated will remain at the 

9 end of the fiscal year for which the budget is 

10 being presented; and 

11 (13) the budget for safety, by program. 

12 (i) GENERAL AND ADMINISTRATIVE EXPENSES.—

13 NASA shall make available, upon request from the Com14 mittee on Science of the House of Representatives or the 

15 Committee on Commerce, Science, and Transportation of 

16 the Senate, information on Corporate and Center General 

17 and Administrative Costs and Service Pool costs, includ18 ing—

19 (1) the total amount of funds being allocated for 

20 those purposes for any fiscal year for which the Presi21 dent has submitted an annual budget request to Con22 gress; 

23 (2) the amount of funds being allocated for those 

24 purposes for each center, for headquarters, and for 

25 each directorate; and 
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1 (3) the major activities included in each cost cat2 egory. 

3 (j) NASA TEST FACILITIES.—

4 (1) REVIEW.—The Director of the Office of 

5 Science and Technology Policy shall commission an 

6 independent review of the Nation’s long-term strategic 

7 needs for test facilities and shall submit the review to 

8 the Committee on Science of the House of Representa9 tives and the Committee on Commerce, Science, and 

10 Transportation of the Senate. The review shall in11 clude an evaluation of the facility needs described 

12 pursuant to subsection (c)(2)(C). 

13 (2) LIMITATION.—The Administrator shall not 

14 close or mothball any aeronautical test facilities iden15 tified in the 2003 independent assessment by the 

16 RAND Corporation, entitled ‘‘Wind Tunnel and Pro17 pulsion Test Facilities: An Assessment of NASA’s Ca18 pabilities to Serve National Needs’’ as being part of 

19 the minimum set of those facilities necessary to retain 

20 and manage to serve national needs, as well as any 

21 other non-aeronautical NASA test facilities that were 

22 in use as of January 1, 2004, until the review con23 ducted under paragraph (1) has been transmitted to 

24 the Congress. 
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1 SEC. 102. REPORTS. 

2 (a) IMMEDIATE ISSUES.—Not later than September 

3 30, 2005, the Administrator shall transmit to the Com4 mittee on Science of the House of Representatives and the 

5 Committee on Commerce, Science, and Transportation of 

6 the Senate a report on each of the following items: 

7 (1) The research agenda for the ISS and its pro8 posed final configuration. 

9 (2) The number of flights the Space Shuttle will 

10 make before its retirement, the purpose of those 

11 flights, and the expected date of the final flight. 

12 (3) A description of the means, other than the 

13 Space Shuttle, that may be used to ferry crew and 

14 cargo to and from the ISS. 

15 (4) A plan for the operation of the ISS in the 

16 event that the Iran Nonproliferation Act of 2000 is 

17 not amended. 

18 (5) A description of the launch vehicle for the 

19 Crew Exploration Vehicle. 

20 (6) A description of any heavy lift vehicle NASA 

21 intends to develop, the intended uses of that vehicle, 

22 and whether the decision to develop that vehicle has 

23 undergone an interagency review. 

24 (7) A description of the intended purpose of 

25 lunar missions and the architecture for those mis26 sions. 
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1 (8) The program goals for Project Prometheus. 

2 (9) A plan for managing the cost increase for the 

3 James Webb Space Telescope. 

4 (b) CREW EXPLORATION VEHICLE.—The Adminis5 trator shall not enter into a development contract for the 

6 Crew Exploration Vehicle until at least 30 days after the 

7 Administrator has transmitted to the Committee on Science 

8 of the House of Representatives and the Committee on Com9 merce, Science, and Transportation of the Senate a report 

10 describing—

11 (1) the expected cost of the Crew Exploration Ve12 hicle through fiscal year 2020, based on the specifica13 tions for that development contract; 

14 (2) the expected budgets for each fiscal year 

15 through fiscal year 2020 for human space flight, aero16 nautics, space science, and earth science—

17 (A) first assuming inflationary growth for 

18 the budget of NASA as a whole and including 

19 costs for the Crew Exploration Vehicle as pro20 jected under paragraph (1); and 

21 (B) then assuming inflationary growth for 

22 the budget of NASA as a whole and including at 

23 least two cost estimates for the Crew Exploration 

24 Vehicle that are higher than those projected 

25 under paragraph (1), based on NASA’s past ex-
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1 perience with cost increases for similar pro2 grams, along with a description of the reasons 

3 for selecting the cost estimates used for the cal4 culations under this subparagraph and the prob5 ability that the cost of the Crew Exploration Ve6 hicle will reach those estimated amounts; and 

7 (3) the extent to which the Crew Exploration Ve8 hicle will allow for the escape of the crew in the event 

9 of an emergency. 

10 (c) SPACE COMMUNICATIONS STUDY.—

11 (1) STUDY.—The Administrator shall develop a 

12 plan for updating NASA’s space communications ar13 chitecture for both low-Earth orbital operations and 

14 deep space exploration so that it is capable of meeting 

15 NASA’s needs over the next 20 years. The plan shall 

16 also include life-cycle cost estimates, milestones, esti17 mated performance capabilities, and 5-year funding 

18 profiles. The plan shall also include an estimate of the 

19 amounts of any reimbursements NASA is likely to re20 ceive from other Federal agencies during the expected 

21 life of the upgrades described in the plan. The plan 

22 shall include a description of the following: 

23 (A) Projected Deep Space Network require24 ments for the next decade, including those in 

25 support of human space exploration missions. 
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1 (B) Upgrades needed to support Deep Space 

2 Network requirements. 

3 (C) Cost estimates for the maintenance of 

4 existing Deep Space Network capabilities. 

5 (D) Cost estimates and schedules for the up6 grades described in subparagraph (B). 

7 (2) CONSULTATIONS.—The Administrator shall 

8 consult with other relevant Federal agencies in devel9 oping the plan under this subsection. 

10 (3) REPORT.—The Administrator shall transmit 

11 the plan under this subsection to the Committee on 

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

14 the Senate not later than February 17, 2007. 

15 (d) PUBLIC RELATIONS.—Not later than December 31, 

16 2005, the Administrator shall transmit a plan to the Com17 mittee on Appropriations and the Committee on Science of 

18 the House of Representatives, and to the Committee on Ap19 propriations and the Committee on Commerce, Science, and 

20 Transportation of the Senate, describing the activities that 

21 will be undertaken as part of the national awareness cam22 paign required by the report of the Committee on Appro23 priations of the House of Representatives accompanying the 

24 Science, State, Justice, Commerce, and Related Agencies 

25 Appropriations Act, 2006, and the expected cost of those ac-
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1 tivities. NASA may undertake activities as part of the na2 tional awareness campaign prior to the transmittal of the 

3 plan required by this subsection, but not until 15 days after 

4 notifying the Committee on Science of the House of Rep5 resentatives and the Committee on Commerce, Science, and 

6 Transportation of the Senate of any activity. The plan re7 quired by this subsection shall include the estimated costs 

8 of any activities undertaken pursuant to notice under the 

9 preceding sentence. 

10 (e) JOINT DARK ENERGY MISSION.—The Adminis11 trator and the Director of the Department of Energy Office 

12 of Science shall jointly transmit to the Committee on 

13 Science of the House of Representatives and the Committee 

14 on Commerce, Science, and Transportation of the Senate, 

15 not later than the date on which the President submits the 

16 proposed budget for the Federal Government for fiscal year 

17 2007, a report on plans for a Joint Dark Energy Mission. 

18 The report shall include the amount of funds each agency 

19 intends to expend on the Joint Dark Energy Mission for 

20 each of the fiscal years 2007 through 2011, and any specific 

21 milestones for the development and launch of the Mission. 

22 (f) SHUTTLE EMPLOYEE TRANSITION.—The Adminis23 trator shall consult with other appropriate Federal agencies 

24 and with NASA contractors and employees to develop a 

25 transition plan for Federal and contractor personnel en-
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1 gaged in the Space Shuttle program. The plan shall include 

2 actions to assist Federal and contractor personnel to take 

3 advantage of training, retraining, job placement, and relo4 cation programs, and any other actions that NASA will 

5 take to assist the employees. The plan shall also describe 

6 how the Administrator will ensure that NASA and its con7 tractors will have an appropriate complement of employees 

8 to allow for the safest possible use of the Space Shuttle 

9 through its final flight. The Administrator shall transmit 

10 the plan to the Committee on Science of the House of Rep11 resentatives and the Committee on Commerce, Science, and 

12 Transportation of the Senate not later than February 1, 

13 2006. 

14 (g) OFFICE OF SCIENCE AND TECHNOLOGY POLICY.—

15 (1) STUDY.—The Director of the Office of 

16 Science and Technology Policy shall conduct a study 

17 to determine—

18 (A) if any research and development pro19 grams of NASA are unnecessarily duplicating 

20 aspects of programs of other Federal agencies; 

21 and 

22 (B) if any research and development pro23 grams of NASA are neglecting any topics of na24 tional interest that are related to the mission of 

25 NASA. 
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1 (2) REPORT.—Not later than March 1, 2006, the 

2 Director of the Office of Science and Technology Pol3 icy shall transmit to the Committee on Science of the 

4 House of Representatives and the Committee on Com5 merce, Science, and Transportation of the Senate a 

6 report that—

7 (A) describes the results of the study under 

8 paragraph (1); 

9 (B) lists the research and development pro10 grams of Federal agencies other than NASA that 

11 were reviewed as part of the study, which shall 

12 include any program supporting research and 

13 development in an area related to the programs 

14 of NASA, and the most recent budget figures for 

15 those programs of other agencies; 

16 (C) recommends any changes to the research 

17 and development programs of NASA that should 

18 be made to eliminate unnecessary duplication or 

19 address topics of national interest; and 

20 (D) describes mechanisms the Office of 

21 Science and Technology Policy will use to ensure 

22 adequate coordination between NASA and Fed23 eral agencies that operate related programs. 

24 (h) OFFICE OF SMALL AND DISADVANTAGED BUSINESS

25 UTILIZATION.—The Administrator shall transmit to the 
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1 Committee on Science and the Committee on Small Busi2 ness of the House of Representatives and the Committee on 

3 Commerce, Science, and Transportation and the Committee 

4 on Small Business and Entrepreneurship of the Senate a 

5 quarterly report on the NASA Office of Small and Dis6 advantaged Business Utilization, which shall include a de7 scription of the outreach activities of the Office and the im8 pact of such activities on the participation of small busi9 nesses, including small businesses owned by women and mi10 norities, in NASA contracts. 

11 SEC. 103. BASELINES AND COST CONTROLS. 

12 (a) CONDITIONS FOR DEVELOPMENT.—

13 (1) IN GENERAL.—NASA shall not enter into a 

14 contract for the development phase of a major pro15 gram unless the Administrator determines that—

16 (A) the technical, cost, and schedule risks of 

17 the program are clearly identified and the pro18 gram has developed a plan to manage those 

19 risks; and 

20 (B) the program complies with all relevant 

21 policies, regulations, and directives of NASA. 

22 (2) REPORT.—The Administrator shall transmit 

23 a report describing the basis for the determination re24 quired under paragraph (1) to the Committee on 

25 Science of the House of Representatives and the Com-
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1 mittee on Commerce, Science, and Transportation of 

2 the Senate at least 30 days before entering into a con3 tract for development under a major program. 

4 (3) NONDELEGATION.—The Administrator may 

5 not delegate the determination requirement under this 

6 subsection, except in cases in which the Administrator 

7 has a conflict of interest. 

8 (b) MAJOR PROGRAM ANNUAL REPORTS.—

9 (1) REQUIREMENT.—Not later than February 15 

10 of each year following the date of enactment of this 

11 Act, the Administrator shall transmit to the Com12 mittee on Science of the House of Representatives and 

13 the Committee on Commerce, Science, and Transpor14 tation of the Senate a report on each major program 

15 for which NASA proposes to expend funds in the sub16 sequent fiscal year. Reports under this section shall be 

17 known as Major Program Annual Reports. 

18 (2) BASELINE REPORT.—The first Major Pro19 gram Annual Report for each major program shall 

20 include a Baseline Report that shall, at a minimum, 

21 include—

22 (A) the purposes of the program and key 

23 technical characteristics necessary to fulfill those 

24 purposes; 
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1 (B) an estimate of the life-cycle cost for the 

2 program, with a detailed breakout of the develop3 ment cost, program reserves, and an estimate of 

4 the annual costs until the development is com5 pleted; 

6 (C) the schedule for the development, includ7 ing key program milestones; 

8 (D) the plan for mitigating technical, sched9 ule, and cost risks prepared in accordance with 

10 subsection (a)(1)(A); and 

11 (E) the name of the person responsible for 

12 making notifications under subsection (c), who 

13 shall be an individual whose primary responsi14 bility is overseeing the program. 

15 (3) INFORMATION UPDATES.—For major pro16 grams with respect to which a Baseline Report has 

17 been previously submitted, each subsequent Major 

18 Program Annual Report shall describe any changes to 

19 the information that had been provided in the Base20 line Report, and the reasons for those changes. 

21 (c) NOTIFICATION.—

22 (1) REQUIREMENT.—The individual identified 

23 under subsection (b)(2)(D) shall immediately notify 

24 the Administrator any time that individual has rea-
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1 sonable cause to believe that, for the major program 

2 for which he or she is responsible—

3 (A) the development cost of the program is 

4 likely to exceed the estimate provided in the 

5 Baseline Report of the program by 15 percent or 

6 more; or 

7 (B) a milestone of the program is likely to 

8 be delayed by 6 months or more from the date 

9 provided for it in the Baseline Report of the pro10 gram. 

11 (2) REASONS.—Not later than 7 days after the 

12 notification required under paragraph (1), the indi13 vidual identified under subsection (b)(2)(D) shall 

14 transmit to the Administrator a written notification 

15 explaining the reasons for the change in the cost or 

16 milestone of the program for which notification was 

17 provided under paragraph (1). 

18 (3) NOTIFICATION OF CONGRESS.—Not later 

19 than 5 days after the Administrator receives a writ20 ten notification under paragraph (2), the Adminis21 trator shall transmit the notification to the Com22 mittee on Science of the House of Representatives and 

23 the Committee on Commerce, Science, and Transpor24 tation of the Senate. 
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1 (d) FIFTEEN PERCENT THRESHOLD.—Not later than 

2 30 days after receiving a written notification under sub3 section (c)(2), the Administrator shall determine whether 

4 the development cost of the program is likely to exceed the 

5 estimate provided in the Baseline Report of the program 

6 by 15 percent or more, or whether a milestone is likely to 

7 be delayed by 6 months or more. If the determination is 

8 affirmative, the Administrator shall—

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

10 House of Representatives and the Committee on Com11 merce, Science, and Transportation of the Senate, not 

12 later than 14 days after making the determination, a 

13 report that includes—

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

15 delay in schedule and a detailed explanation for 

16 the increase or delay; 

17 (B) a description of actions taken or pro18 posed to be taken in response to the cost increase 

19 or delay; and 

20 (C) a description of any impacts the cost 

21 increase or schedule delay will have on any other 

22 program within NASA; and 

23 (2) if the Administrator intends to continue with 

24 the program, promptly initiate an analysis of the 

25 program, which shall include, at a minimum—
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1 (A) the projected cost and schedule for com2 pleting the program if current requirements of 

3 the program are not modified; 

4 (B) the projected cost and the schedule for 

5 completing the program after instituting the ac6 tions described under paragraph (1)(B); and 

7 (C) a description of, and the projected cost 

8 and schedule for, a broad range of alternatives to 

9 the program. 

10 NASA shall complete an analysis initiated under para11 graph (2) not later than 6 months after the Administrator 

12 makes a determination under this subsection. The Adminis13 trator shall transmit the analysis to the Committee on 

14 Science of the House of Representatives and Committee on 

15 Commerce, Science, and Transportation of the Senate not 

16 later than 30 days after its completion. 

17 (e) THIRTY PERCENT THRESHOLD.—If the Adminis18 trator determines under subsection (d) that the development 

19 cost of a program will exceed the estimate provided in the 

20 Baseline Report of the program by more than the lower of 

21 30 percent or $1,000,000,000, then, beginning 18 months 

22 after the date the Administrator transmits a report under 

23 subsection (d)(1), the Administrator shall not expend any 

24 additional funds on the program, other than termination 

25 costs, unless the Congress has subsequently authorized con-
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1 tinuation of the program by law. An appropriation for the 

2 program enacted subsequent to a report being transmitted 

3 shall be considered an authorization for purposes of this 

4 subsection. If the program is continued, the Administrator 

5 shall submit a new Baseline Report for the program no 

6 later than 90 days after the date of enactment of the Act 

7 under which Congress has authorized continuation of the 

8 program. 

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

10 (1) the term ‘‘development’’ means the phase of 

11 a program following the formulation phase and begin12 ning with the approval to proceed to implementation, 

13 as defined in NASA’s Procedural Requirements 

14 7120.5c, dated March 22, 2005; 

15 (2) the term ‘‘development cost’’ means the total 

16 of all costs, including construction of facilities and 

17 civil servant costs, from the period beginning with the 

18 approval to proceed to implementation through the 

19 achievement of operational readiness, without regard 

20 to funding source or management control, for the life 

21 of the program; 

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

23 the direct, indirect, recurring, and nonrecurring costs, 

24 including the construction of facilities and civil serv25 ant costs, and other related expenses incurred or esti-
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1 mated to be incurred in the design, development, 

2 verification, production, operation, maintenance, sup3 port, and retirement of a program over its planned 

4 lifespan, without regard to funding source or manage5 ment control; and 

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

7 approved to proceed to implementation that has an 

8 estimated life-cycle cost of more than $150,000,000. 

9 SEC. 104. PRIZE AUTHORITY. 

10 The National Aeronautics and Space Act of 1958 (42 

11 U.S.C. 2451, et seq.) is amended by inserting after section 

12 313 the following new section: 

13 ‘‘PRIZE AUTHORITY

14 ‘‘SEC. 314. (a) IN GENERAL.—The Administration 

15 may carry out a program to competitively award cash 

16 prizes to stimulate innovation in basic and applied re17 search, technology development, and prototype demonstra18 tion that have the potential for application to the perform19 ance of the space and aeronautical activities of the Admin20 istration. The Administration may carry out a program 

21 to award prizes only in conformity with this section. 

22 ‘‘(b) TOPICS.—In selecting topics for prize competi23 tions, the Administrator shall consult widely both within 

24 and outside the Federal Government, and may empanel ad25 visory committees. 
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1 ‘‘(c) ADVERTISING.—The Administrator shall widely 

2 advertise prize competitions to encourage participation. 

3 ‘‘(d) REQUIREMENTS AND REGISTRATION.—For each 

4 prize competition, the Administrator shall publish a notice 

5 in the Federal Register announcing the subject of the com6 petition, the rules for being eligible to participate in the 

7 competition, the amount of the prize, and the basis on which 

8 a winner will be selected. 

9 ‘‘(e) ELIGIBILITY.—To be eligible to win a prize under 

10 this section, an individual or entity—

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

12 competition pursuant to any rules promulgated by 

13 the Administrator under subsection (d); 

14 ‘‘(2) shall have complied with all the require15 ments under this section; 

16 ‘‘(3) in the case of a private entity, shall be in17 corporated in and maintain a primary place of busi18 ness in the United States, and in the case of an indi19 vidual, whether participating singly or in a group, 

20 shall be a citizen or permanent resident of the United 

21 States; and 

22 ‘‘(4) shall not be a Federal entity or Federal em23 ployee acting within the scope of their employment. 

24 ‘‘(f) LIABILITY.—(1) Registered participants must 

25 agree to assume any and all risks and waive claims against 
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1 the United States Government and its related entities, ex2 cept in the case of willful misconduct, for any injury, death, 

3 damage, or loss of property, revenue, or profits, whether di4 rect, indirect, or consequential, arising from their partici5 pation in a competition, whether such injury, death, dam6 age, or loss arises through negligence or otherwise. For the 

7 purposes of this paragraph, the term ‘related entity’ means 

8 a contractor or subcontractor at any tier, and a supplier, 

9 user, customer, cooperating party, grantee, investigator, or 

10 detailee. 

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

12 demonstrate financial responsibility in amounts deter13 mined by the Administrator, from claims by—

14 ‘‘(A) a third party for death, bodily injury, or 

15 property damage, or loss resulting from an activity 

16 carried out in connection with participation in a 

17 competition, with the Federal Government named as 

18 an additional insured under the registered partici19 pant’s insurance policy and registered participants 

20 agreeing to indemnify the Federal Government 

21 against third party claims for damages arising from 

22 or related to competition activities; and 

23 ‘‘(B) the United States Government for damage 

24 or loss to Government property resulting from such 

25 an activity. 
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1 ‘‘(g) JUDGES.—For each competition, the Administra2 tion, either directly or through a contract under subsection 

3 (h), shall assemble a panel of qualified judges to select the 

4 winner or winners of the prize competition on the basis de5 scribed pursuant to subsection (d). Judges for each competi6 tion shall include individuals from outside the Administra7 tion, including from the private sector. A judge may not—

8 ‘‘(1) have personal or financial interests in, or be 

9 an employee, officer, director, or agent of any entity 

10 that is a registered participant in a competition; or 

11 ‘‘(2) have a familial or financial relationship 

12 with an individual who is a registered participant. 

13 ‘‘(h) ADMINISTERING THE COMPETITION.—The Ad14 ministrator may enter into an agreement with a private, 

15 nonprofit entity to administer the prize competition, subject 

16 to the provisions of this section. 

17 ‘‘(i) FUNDING.—(1) The Administrator may accept 

18 funds from other Federal agencies and from the private sec19 tor for cash prizes under this section. The Administrator 

20 may not give any special consideration to any private sec21 tor entity in return for a donation. 

22 ‘‘(2) Notwithstanding any other provision of law, 

23 funds appropriated for prize awards under this section 

24 shall remain available until expended, and may be trans25 ferred, reprogrammed, or expended for other purposes only 
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1 after the expiration of 10 fiscal years after the fiscal year 

2 for which the funds were originally appropriated. No provi3 sion in this section permits obligation or payment of funds 

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

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

6 until all the funds needed to pay out the announced amount 

7 of the prize have been appropriated or committed in writing 

8 by a private source. The Administrator may increase the 

9 amount of a prize after an initial announcement is made 

10 under subsection (d) if—

11 (A) notice of the increase is provided in the same 

12 manner as the initial notice of the prize; and 

13 (B) the funds needed to pay out the announced 

14 amount of the increase have been appropriated or 

15 committed in writing by a private source. 

16 ‘‘(4) No prize competition under this section may offer 

17 a prize in an amount greater than $10,000,000 unless 30 

18 days have elapsed after written notice has been provided 

19 to the Committee on Science of the House of Representatives 

20 and the Committee on Commerce, Science, and Transpor21 tation of the Senate. 

22 ‘‘(j) USE OF NASA NAME AND INSIGNIA.—A registered 

23 participant in a competition under this section may use 

24 the Administration’s name, initials, or insignia only after 

25 prior review and written approval by the Administration. 
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1 ‘‘(k) COMPLIANCE WITH EXISTING LAW.—The Federal 

2 Government shall not, by virtue of offering or providing a 

3 prize under this section, be responsible for compliance by 

4 registered participants in a prize competition with Federal 

5 law, including licensing, export control, and nonprolifera6 tion laws, and related regulations.’’. 

7 SEC. 105. FOREIGN LAUNCH VEHICLES. 

8 (a) ACCORD WITH SPACE TRANSPORTATION POL9 ICY.—NASA shall not launch a mission on a foreign launch 

10 vehicle except in accordance with the Space Transportation 

11 Policy announced by the President on December 21, 2004. 

12 (b) INTERAGENCY COORDINATION.—NASA shall not 

13 launch a mission on a foreign launch vehicle unless NASA 

14 commenced the interagency coordination required by the 

15 Space Transportation Policy announced by the President 

16 on December 21, 2004, at least 90 days before entering into 

17 a development contract for the mission. 

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

19 mission for which development has begun prior to the date 

20 of enactment of this Act, including the James Webb Space 

21 Telescope. 

22 SEC. 106. SAFETY MANAGEMENT. 

23 Section 6 of the National Aeronautics and Space Ad24 ministration Authorization Act, 1968 (42 U.S.C. 2477) is 

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

2 ‘‘There is hereby’’; 

3 (2) by striking ‘‘plans referred to it’’ and insert4 ing ‘‘plans referred to it, including evaluating the Na5 tional Aeronautics and Space Administration’s com6 pliance with the return-to-flight and continue-to-fly 

7 recommendations of the Columbia Accident Investiga8 tion Board,’’; 

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

10 the Administrator’’; 

11 (4) by striking ‘‘and with respect to the ade12 quacy of proposed or existing safety standards and 

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

14 of proposed or existing safety standards, and with re15 spect to management and culture. The Panel shall 

16 also’’; and 

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

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

19 annual report to the Administrator and to the Congress. 

20 In the first annual report submitted after the date of enact21 ment of the National Aeronautics and Space Administra22 tion Authorization Act of 2005, the Panel shall include an 

23 evaluation of the Administration’s safety management cul24 ture. Each annual report shall include an evaluation of the 
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1 Administration’s compliance with the recommendations of 

2 the Columbia Accident Investigation Board.’’. 

3 SEC. 107. LESSONS LEARNED AND BEST PRACTICES. 

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

5 to the Committee on Science of the House of Representatives 

6 and the Committee on Commerce, Science, and Transpor7 tation of the Senate an implementation plan describing 

8 NASA’s approach for obtaining, implementing, and sharing 

9 lessons learned and best practices for its major programs 

10 and projects not later than 180 days after the date of enact11 ment of this Act. The implementation plan shall be updated 

12 and maintained to ensure that it is current and consistent 

13 with the burgeoning culture of learning and safety that is 

14 emerging at NASA. 

15 (b) REQUIRED CONTENT.—The implementation plan 

16 shall contain at a minimum the lessons learned and best 

17 practices requirements for NASA, the organizations or posi18 tions responsible for enforcement of the requirements, the 

19 reporting structure, and the objective performance measures 

20 indicating the effectiveness of the activity. 

21 (c) INCENTIVES.—The Administrator shall provide in22 centives to encourage sharing and implementation of lessons 

23 learned and best practices by employees, projects, and pro24 grams, as well as penalties for programs and projects that 
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1 are determined not to have demonstrated use of those re2 sources. 

3 SEC. 108. COMMERCIALIZATION PLAN. 

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

5 with other relevant agencies, shall develop a commercializa6 tion plan to support the human missions to the Moon and 

7 Mars, to support Low-Earth Orbit activities and Earth 

8 science missions and applications, and to transfer science 

9 research and technology to society. The plan shall identify 

10 opportunities for the private sector to participate in the fu11 ture missions and activities, including opportunities for 

12 partnership between NASA and the private sector in con13 ducting research and the development of technologies and 

14 services. The plan shall include provisions for developing 

15 and funding sustained university and industry partner16 ships to conduct commercial research and technology devel17 opment, to proactively translate results of space research 

18 to Earth benefits, to advance United States economic inter19 ests, and to support the vision for exploration. 

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

21 of enactment of this Act, the Administrator shall submit 

22 a copy of the plan to the Committee on Science of the House 

23 of Representatives and the Committee on Commerce, 

24 Science, and Transportation of the Senate. 
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1 SEC. 109. STUDY ON THE FEASIBILITY OF USE OF GROUND 

2 SOURCE HEAT PUMPS. 

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

4 feasibility study on the use of ground source heat pumps 

5 in future NASA facilities or substantial renovation of exist6 ing NASA facilities involving the installation of heating, 

7 ventilating, and air conditioning systems. Not later than 

8 1 year after the date of enactment of this Act, the Adminis9 trator shall transmit the study to the Committee on Science 

10 of the House of Representatives and the Committee on Com11 merce, Science, and Transportation of the Senate. 

12 (b) CONTENTS.—The study shall examine—

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

14 costs, of the operation of such heat pumps compared 

15 to generally available heating, cooling, and water 

16 heating equipment; 

17 (2) barriers to installation, such as availability 

18 and suitability of terrain; and 

19 (3) such other issues as the Administrator con20 siders appropriate. 

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

22 source heat pump’’ means an electric-powered system that 

23 uses the Earth’s relatively constant temperature to provide 

24 heating, cooling, or hot water. 
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1 SEC. 110. SPACE SHUTTLE RETURN TO FLIGHT. 

2 It is the sense of Congress that, in keeping with the 

3 President’s Vision for Space Exploration, the Space Shuttle 

4 should return to flight as soon as the Administrator deter5 mines that a flight can be accomplished with an acceptable 

6 level of safety. 

7 SEC. 111. WHISTLEBLOWER PROTECTION. 

8 Not later than 1 year after the date of enactment of 

9 this Act, the Administrator shall transmit to the Committee 

10 on Science of the House of Representatives and the Com11 mittee on Commerce, Science and Transportation of the 

12 Senate a plan describing steps to be taken by NASA to pro13 tect the employment status of NASA employees who raise 

14 or have raised concerns about a potentially catastrophic 

15 risk to health or safety. 

16 TITLE II—AUTHORIZATION OF 

17 APPROPRIATIONS 

18 SEC. 201. STRUCTURE OF BUDGETARY ACCOUNTS. 

19 Section 313 of the National Aeronautics and Space Act 

20 of 1958 (42 U.S.C. 2459f) is amended to read as follows: 

21 ‘‘SEC. 313. BUDGETARY ACCOUNTS. 

22 ‘‘Appropriations for the Administration for fiscal year 

23 2007 and thereafter shall be made in four accounts, 

24 ‘Science, Aeronautics, and Education’, ‘Exploration Sys25 tems’, ‘Space Operations’, and an account for amounts ap26 propriated for the necessary expenses of the Office of the 
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1 Inspector General. Appropriations shall remain available 

2 for two fiscal years, unless otherwise specified in law. Each 

3 account shall include the planned full costs of Administra4 tion activities.’’. 

5 SEC. 202. FISCAL YEAR 2006. 

6 There are authorized to be appropriated to NASA for 

7 fiscal year 2006 $16,965,650,000, as follows: 

8 (1) For Science, Aeronautics and Education (in9 cluding amounts for construction of facilities), 

10 $6,870,250,000 of which—

11 (A) $962,000,000 shall be for Aeronautics; 

12 (B) $150,000,000 shall be for a Hubble 

13 Space Telescope servicing mission; 

14 (C) $24,000,000 shall be for the National 

15 Space Grant College and Fellowship Program; 

16 and 

17 (D) $8,900,000 for the Science and Tech18 nology Scholarship Program. 

19 (2) For Exploration Systems (including amounts 

20 for construction of facilities), $3,844,100,000. 

21 (3) For Space Operations (including amounts 

22 for construction of facilities), $6,218,900,000. 

23 (4) For the Office of Inspector General, 

24 $32,400,000. 
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1 SEC. 203. FISCAL YEAR 2007. 

2 There are authorized to be appropriated to NASA for 

3 fiscal year 2007 $17,726,800,000, as follows: 

4 (1) For Science, Aeronautics and Education (in5 cluding amounts for construction of facilities), 

6 $7,331,600,000 of which—

7 (A) $990,000,000 shall be for Aeronautics; 

8 and 

9 (B) $24,000,000 shall be for the National 

10 Space Grant College and Fellowship Program. 

11 (2) For Exploration Systems (including amounts 

12 for construction of facilities), $4,514,000,000. 

13 (3) For Space Operations (including amounts 

14 for construction of facilities), $5,847,700,000. 

15 (4) For the Office of Inspector General, 

16 $33,500,000. 

17 SEC. 204. ISS RESEARCH. 

18 The Administrator shall allocate at least 15 percent 

19 of the funds budgeted for ISS research to research that is 

20 not directly related to supporting the human exploration 

21 program. 

22 SEC. 205. TEST FACILITIES. 

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

24 policy of charging users of NASA’s test facilities for the 

25 costs associated with their tests at a level that is competitive 

26 with alternative test facilities. As a general principle, 
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1 NASA shall not seek to recover the full costs of the operation 

2 of those facilities from the users. The Administrator shall 

3 not implement a policy of seeking full cost recovery for a 

4 facility until at least 30 days after transmitting a notice 

5 to the Committee on Science of the House of Representatives 

6 and the Committee on Commerce, Science, and Transpor7 tation of the Senate. 

8 (b) FUNDING ACCOUNT.—The Administrator shall es9 tablish a funding account that shall be used for all test fa10 cilities. The account shall be sufficient to maintain the via11 bility of test facilities during periods of low utilization. 

12 SEC. 206. PROPORTIONALITY. 

13 If the total amount appropriated for NASA pursuant 

14 to section 202 or 203 is less than the amount authorized 

15 under such section, the amounts authorized under each of 

16 the accounts specified in such section shall be reduced pro17 portionately. 

18 SEC. 207. LIMITATIONS ON AUTHORITY. 

19 Notwithstanding any other provision of this Act, no 

20 amount appropriated pursuant to this Act may be used for 

21 any program in excess of the amount actually authorized 

22 for the particular program by section 202 or 203, unless 

23 a period of 30 days has passed after the receipt, by the Com24 mittee on Science of the House of Representatives and the 

25 Committee on Commerce, Science, and Transportation of 
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1 the Senate, of notice given by the Administrator containing 

2 a full and complete statement of the action proposed to be 

3 taken and the facts and circumstances relied upon in sup4 port of such a proposed action. NASA shall keep the Com5 mittee on Science of the House of Representatives and the 

6 Committee on Commerce, Science, and Transportation of 

7 the Senate fully and currently informed with respect to all 

8 activities and responsibilities within the jurisdiction of 

9 those Committees. 

10 SEC. 208. NOTICE OF REPROGRAMMING. 

11 If any funds authorized by this Act are subject to a 

12 reprogramming action that requires notice to be provided 

13 to the Appropriations Committees of the House of Rep14 resentatives and the Senate, notice of such action shall con15 currently be provided to the Committee on Science of the 

16 House of Representatives and the Committee on Commerce, 

17 Science, and Transportation of the Senate. 

18 SEC. 209. COST OVERRUNS. 

19 When reprogramming funds to cover unexpected cost 

20 growth within a program, the Administrator shall, to the 

21 maximum extent practicable, protect funds intended for 

22 fundamental and applied Research and Analysis. 
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1 SEC. 210. OFFICIAL REPRESENTATIONAL FUND. 

2 Amounts appropriated pursuant to this Act may be 

3 used, but not to exceed a total of $35,000 in any fiscal year, 

4 for official reception and representation expenses. 

5 SEC. 211. INTERNATIONAL SPACE STATION COST CAP. 

6 Section 202 of the National Aeronautics and Space 

7 Administration Authorization Act of 2000 (42 U.S.C. 2451 

8 note) is repealed. 

9 TITLE III—SCIENCE 

10 Subtitle A—General Provisions 

11 SEC. 301. PERFORMANCE ASSESSMENTS. 

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

13 the Science account of NASA shall be reviewed and assessed 

14 by the National Academy of Sciences at 5-year intervals. 

15 (b) TIMING.—Beginning with the first fiscal year fol16 lowing the date of enactment of this Act, the Administrator 

17 shall select at least one discipline for review under this sec18 tion. The Administrator shall select disciplines so that all 

19 disciplines will have received their first review within six 

20 fiscal years of the date of enactment of this Act. 

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

22 beginning with the first fiscal year after the date of enact23 ment of this Act, the Administrator shall transmit a report 

24 to the Committee on Science of the House of Representatives 

25 and the Committee on Commerce, Science, and Transpor26 tation of the Senate—
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1 (1) setting forth in detail the results of any ex2 ternal review under subsection (a); 

3 (2) setting forth in detail actions taken by NASA 

4 in response to any external review; and 

5 (3) including a summary of findings and rec6 ommendations from any other relevant external re7 views of NASA’s science mission priorities and pro8 grams. 

9 SEC. 302. STATUS REPORT ON HUBBLE SPACE TELESCOPE 

10 SERVICING MISSION. 

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

12 Telescope is an extraordinary instrument that has provided, 

13 and should continue to provide, answers to profound sci14 entific questions. In accordance with the recommendations 

15 of the National Academy of Sciences study titled ‘‘Assess16 ment of Options for Extending the Life of the Hubble Space 

17 Telescope’’, all appropriate efforts should be expended to 

18 complete the Space Shuttle servicing mission. Upon success19 ful completion of the planned return-to-flight schedule of the 

20 Space Shuttle, the Administrator shall determine the sched21 ule for a Space Shuttle servicing mission to the Hubble 

22 Space Telescope, unless such a mission would compromise 

23 astronaut safety. Not later than 60 days after the landing 

24 of the second Space Shuttle mission for return-to-flight cer25 tification, the Administrator shall transmit to the Com-
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1 mittee on Science of the House of Representatives and the 

2 Committee on Commerce, Science, and Transportation of 

3 the Senate a status report on plans for a Hubble Space Tele4 scope servicing mission. 

5 SEC. 303. INDEPENDENT ASSESSMENT OF LANDSAT6 NPOESS INTEGRATED MISSION. 

7 (a) ASSESSMENT.—In view of the importance of ensur8 ing continuity of Landsat data and in view of the chal9 lenges facing the National Polar-Orbiting Environmental 

10 Satellite System program, the Administrator shall seek an 

11 independent assessment of the costs as well as the technical, 

12 cost, and schedule risks associated with incorporating the 

13 Landsat instrument on the first National Polar-Orbiting 

14 Environmental Satellite System spacecraft versus under15 taking a dedicated Landsat data ‘‘gap-filler’’ mission fol16 lowed by the incorporation of the Landsat instrument on 

17 the second National Polar-Orbiting Environmental Sat18 ellite System spacecraft. The assessment shall also include 

19 an evaluation of the budgetary requirements of each of the 

20 options under consideration. 

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

22 independent assessment to the Committee on Science of the 

23 House of Representatives and the Committee on Commerce, 

24 Science, and Transportation of the Senate not later than 

25 180 days after the date of enactment of this Act. 
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1 SEC. 304. ASSESSMENT OF SCIENCE MISSION EXTENSIONS. 

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

3 annual termination reviews within each of the Science dis4 ciplines to assess the cost and benefits of extending the date 

5 of the termination of data collection for those missions 

6 which are beyond their primary goals. In addition: 

7 (1) Not later than 60 days after the date of en8 actment of this Act, the Administrator shall carry out 

9 such an assessment for the following missions: FAST, 

10 TIMED, Cluster, Wind, Geotail, Polar, TRACE, 

11 Ulysses, and Voyager. 

12 (2) For those missions that have an operational 

13 component, the National Oceanic and Atmospheric 

14 Administration shall be consulted and the potential 

15 benefits of instruments on missions which are beyond 

16 their primary goals taken into account. 

17 (b) REPORT.—Not later than 30 days after completing 

18 the assessments required by subsection (a)(1), the Adminis19 trator shall transmit a report on the assessment to the Com20 mittee on Science of the House of Representatives and the 

21 Committee on Commerce, Science, and Transportation of 

22 the Senate. 

23 SEC. 305. MICROGRAVITY RESEARCH. 

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

25 (1) not later than 60 days after the date of en26 actment of this Act, provide to the Committee on 
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1 Science of the House of Representatives and the Com2 mittee on Commerce, Science, and Transportation of 

3 the Senate an assessment of microgravity research 

4 planned for implementation aboard the ISS that in5 cludes the identification of research which can be per6 formed in ground-based facilities and then validated 

7 in space; 

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

9 research leading to space-based basic and applied sci10 entific research in a variety of disciplines with poten11 tial direct national benefits and applications that can 

12 advance significantly from the uniqueness of micro13 gravity and the space environment; and 

14 (3) carry out, to the maximum extent practicable 

15 basic, applied, and commercial ISS research activi16 ties such as molecular crystal growth, animal re17 search, basic fluid physics, combustion research, cel18 lular biotechnology, low temperature physics, and cel19 lular research at a level which will sustain the exist20 ing scientific expertise and research capabilities. 

21 (b) ON-ORBIT CAPABILITIES.—The Administrator 

22 shall ensure that the on-orbit analytical capabilities of the 

23 ISS are sufficient to support any diagnostic human re24 search and on-orbit characterization of molecular crystal 

25 growth, cellular research, and other research that NASA be-
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1 lieves is necessary to conduct, but for which NASA lacks 

2 the capacity to return the materials that need to be ana3 lyzed to Earth. 

4 (c) ASSESSMENT OF POTENTIAL SCIENTIFIC USES.—

5 The Administrator shall assess further potential scientific 

6 uses of the ISS for other applications, such as technology 

7 development, development of manufacturing processes, 

8 Earth observation and characterization, and astronomical 

9 observations. 

10 SEC. 306. COORDINATION WITH THE NATIONAL OCEANIC 

11 AND ATMOSPHERIC ADMINISTRATION. 

12 (a) JOINT WORKING GROUP.—The Administrator and 

13 the Administrator of the National Oceanic and Atmospheric 

14 Administration shall appoint a Joint Working Group, 

15 which shall review and monitor missions of the two agencies 

16 to ensure maximum coordination in the design, operation, 

17 and transition of missions. The Joint Working Group shall 

18 also prepare the transition plans required by subsection (c). 

19 (b) COORDINATION REPORT.—Not later than February 

20 15 of each year, the Administrator and the Administrator 

21 of the National Oceanic and Atmospheric Administration 

22 shall jointly transmit a report to the Committee on Science 

23 of the House of Representatives and the Committee on Com24 merce, Science, and Transportation of the Senate on how 

25 the earth science programs of the National Oceanic and At-
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1 mospheric Administration and NASA will be coordinated 

2 during the fiscal year following the fiscal year in which 

3 the report is transmitted. 

4 (c) COORDINATION OF TRANSITION PLANNING AND RE5 PORTING.—The Administrator, in conjunction with the Ad6 ministrator of the National Oceanic and Atmospheric Ad7 ministration, shall evaluate all NASA missions for their po8 tential operational capabilities and shall prepare transition 

9 plans for all existing and future Earth observing systems 

10 found to have potential operational capabilities and all Na11 tional Oceanic and Atmospheric Administration oper12 ational space-based systems. 

13 (d) LIMITATION.—The Administrator shall not trans14 fer any NASA earth science mission or Earth observing sys15 tem to the National Oceanic and Atmospheric Administra16 tion until the transition plan required under subsection (c) 

17 has been approved by the Administrator and the Adminis18 trator of the National Oceanic and Atmospheric Adminis19 tration and until financial resources have been identified 

20 to support the transition or transfer in the President’s 

21 budget request for the National Oceanic and Atmospheric 

22 Administration. 

23 Subtitle B—Remote Sensing 

24 SEC. 311. DEFINITIONS. 

25 In this subtitle—
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1 (1) the term ‘‘geospatial information’’ means 

2 knowledge of the nature and distribution of physical 

3 and cultural features on the landscape based on anal4 ysis of data from airborne or spaceborne platforms or 

5 other types and sources of data; 

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

7 better than five meters; and 

8 (3) the term ‘‘institution of higher education’’ 

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

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

11 1001(a)). 

12 SEC. 312. PILOT PROJECTS TO ENCOURAGE PUBLIC SEC13 TOR APPLICATIONS. 

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

15 a program of grants for competitively awarded pilot 

16 projects to explore the integrated use of sources of remote 

17 sensing and other geospatial information to address State, 

18 local, regional, and tribal agency needs. 

19 (b) PREFERRED PROJECTS.—In awarding grants 

20 under this section, the Administrator shall give preference 

21 to projects that—

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

23 high resolution commercial satellite imagery and de24 rived satellite data products, existing public data sets 
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1 where commercial data sets are not available or ap2 plicable, or the fusion of such data sets; 

3 (2) integrate multiple sources of geospatial infor4 mation, such as geographic information system data, 

5 satellite-provided positioning data, and remotely 

6 sensed data, in innovative ways; 

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

8 non-Federal sources; 

9 (4) involve the participation of commercial enti10 ties that process raw or lightly processed data, often 

11 merging that data with other geospatial information, 

12 to create data products that have significant value 

13 added to the original data; and 

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

15 public sector applications as possible. 

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

17 Administrator shall seek opportunities to assist—

18 (1) in the development of commercial applica19 tions potentially available from the remote sensing in20 dustry; and 

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

22 applying remote sensing and other geospatial infor23 mation technologies for growth management. 
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1 (d) DURATION.—Assistance for a pilot project under 

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

3 3 years. 

4 (e) REPORT.—Each recipient of a grant under sub5 section (a) shall transmit a report to the Administrator on 

6 the results of the pilot project within 180 days of the com7 pletion of that project. 

8 (f) WORKSHOP.—Each recipient of a grant under sub9 section (a) shall, not later than 180 days after the comple10 tion of the pilot project, conduct at least one workshop for 

11 potential users to disseminate the lessons learned from the 

12 pilot project as widely as feasible. 

13 (g) REGULATIONS.—The Administrator shall issue reg14 ulations establishing application, selection, and implemen15 tation procedures for pilot projects, and guidelines for re16 ports and workshops required by this section. 

17 SEC. 313. PROGRAM EVALUATION. 

18 (a) ADVISORY COMMITTEE.—The Administrator shall 

19 establish an advisory committee, consisting of individuals 

20 with appropriate expertise in State, local, regional, and 

21 tribal agencies, the university research community, and the 

22 remote sensing and other geospatial information industry, 

23 to monitor the program established under section 312. The 

24 advisory committee shall consult with the Federal Geo25 graphic Data Committee and other appropriate industry 
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1 representatives and organizations. Notwithstanding section 

2 14 of the Federal Advisory Committee Act, the advisory 

3 committee established under this subsection shall remain in 

4 effect until the termination of the program under section 

5 312. 

6 (b) EFFECTIVENESS EVALUATION.—Not later than De7 cember 31, 2009, the Administrator shall transmit to the 

8 Congress an evaluation of the effectiveness of the program 

9 established under section 312 in exploring and promoting 

10 the integrated use of sources of remote sensing and other 

11 geospatial information to address State, local, regional, and 

12 tribal agency needs. Such evaluation shall have been con13 ducted by an independent entity. 

14 SEC. 314. DATA AVAILABILITY. 

15 The Administrator shall ensure that the results of each 

16 of the pilot projects completed under section 312 shall be 

17 retrievable through an electronic, Internet-accessible data18 base. 

19 SEC. 315. EDUCATION. 

20 The Administrator shall establish an educational out21 reach program to increase awareness at institutions of high22 er education and State, local, regional, and tribal agencies 

23 of the potential applications of remote sensing and other 

24 geospatial information. 
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1 Subtitle C—George E. Brown, Jr. 

2 Near-Earth Object Survey 

3 SEC. 321. GEORGE E. BROWN, JR. NEAR-EARTH OBJECT SUR4 VEY. 

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

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

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

8 findings: 

9 (1) Near-Earth objects pose a serious and cred10 ible threat to humankind, as many scientists believe 

11 that a major asteroid or comet was responsible for the 

12 mass extinction of the majority of the Earth’s species, 

13 including the dinosaurs, nearly 65,000,000 years ago. 

14 (2) Similar objects have struck the Earth or 

15 passed through the Earth’s atmosphere several times 

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

17 the future. 

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

19 been discovered within days of the objects’ closest ap20 proach to Earth, and recent discoveries of such large 

21 objects indicate that many large near-Earth objects 

22 remain undiscovered. 

23 (4) The efforts taken to date by NASA for detect24 ing and characterizing the hazards of near-Earth ob25 jects are not sufficient to fully determine the threat 
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1 posed by such objects to cause widespread destruction 

2 and loss of life. 

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

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

5 a perihelion distance of less that 1.3 Astronomical Units 

6 from the Sun. 

7 (d) NEAR-EARTH OBJECT SURVEY.—

8 (1) SURVEY PROGRAM.—The Administrator shall 

9 plan, develop, and implement a Near-Earth Object 

10 Survey program to detect, track, catalogue, and char11 acterize the physical characteristics of near-Earth ob12 jects equal to or greater than 100 meters in diameter 

13 in order to assess the threat of such near-Earth objects 

14 to the Earth. It shall be the goal of the Survey pro15 gram to achieve 90 percent completion of its near16 Earth object catalogue (based on statistically pre17 dicted populations of near-Earth objects) within 15 

18 years after the date of enactment of this Act. 

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

20 Aeronautics and Space Act of 1958 (42 U.S.C. 2451) 

21 is amended—

22 (A) by redesignating subsection (g) as sub23 section (h); 

24 (B) by inserting after subsection (f) the fol25 lowing new subsection: 
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1 ‘‘(g) The Congress declares that the general welfare and 

2 security of the United States require that the unique com3 petence of the National Aeronautics and Space Administra4 tion be directed to detecting, tracking, cataloguing, and 

5 characterizing near-Earth asteroids and comets in order to 

6 provide warning and mitigation of the potential hazard of 

7 such near-Earth objects to the Earth.’’; and 

8 (C) in subsection (h), as so redesignated by 

9 subparagraph (A) of this paragraph, by striking 

10 ‘‘and (f)’’ and inserting ‘‘(f), and (g)’’. 

11 (3) ANNUAL REPORT.—The Administrator shall 

12 transmit to the Congress, not later than February 28 

13 of each of the next 5 years beginning after the date 

14 of enactment of this Act, a report that provides the 

15 following: 

16 (A) A summary of all activities taken pur17 suant to paragraph (1) for the previous fiscal 

18 year. 

19 (B) A summary of expenditures for all ac20 tivities pursuant to paragraph (1) for the pre21 vious fiscal year. 

22 (4) INITIAL REPORT.—The Administrator shall 

23 transmit to Congress not later than 1 year after the 

24 date of enactment of this Act an initial report that 

25 provides the following: 
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1 (A) An analysis of possible alternatives that 

2 NASA may employ to carry out the Survey pro3 gram, including ground-based and space-based 

4 alternatives with technical descriptions. 

5 (B) A recommended option and proposed 

6 budget to carry out the Survey program pursu7 ant to the recommended option. 

8 (C) An analysis of possible alternatives that 

9 NASA could employ to divert an object on a like10 ly collision course with Earth. 

11 TITLE IV—AERONAUTICS 

12 SEC. 401. DEFINITION. 

13 For purposes of this title, the term ‘‘institution of high14 er education’’ has the meaning given that term by section 

15 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). 

16 Subtitle A—National Policy for Aer17 onautics Research and Develop18 ment 

19 SEC. 411. POLICY. 

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

21 the National Aeronautics and Space Act of 1958 and its 

22 identification of aeronautical research and development as 

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

24 the United States to promote aeronautical research and de25 velopment that will expand the capacity, ensure the safety, 
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1 and increase the efficiency of the Nation’s air transpor2 tation system, promote the security of the Nation, protect 

3 the environment, and retain the leadership of the United 

4 States in global aviation. 

5 Subtitle B—NASA Aeronautics 

6 Breakthrough Research Initiatives 

7 SEC. 421. ENVIRONMENTAL AIRCRAFT RESEARCH AND DE8 VELOPMENT INITIATIVE. 

9 (a) OBJECTIVE.—The Administrator may establish an 

10 initiative with the objective of developing, and dem11 onstrating in a relevant environment, within 10 years after 

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

13 following commercial aircraft performance characteristics: 

14 (1) NOISE.—Noise levels on takeoff and on air15 port approach and landing that do not exceed ambi16 ent noise levels in the absence of flight operations in 

17 the vicinity of airports from which such commercial 

18 aircraft would normally operate. 

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

20 reduction in the energy required for medium to long 

21 range flights, compared to aircraft in commercial 

22 service as of the date of enactment of this Act. This 

23 reduction may be achieved by a combination of im24 provements to—

25 (A) specific fuel consumption; 
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1 (B) lift-to-drag ratio; and 

2 (C) structural weight fraction. 

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

4 landing that are reduced by 50 percent relative to 

5 aircraft in commercial service as of the date of enact6 ment of this Act. 

7 (b) STUDY.—

8 (1) REQUIREMENT.—The Administrator shall 

9 enter into an arrangement for the National Research 

10 Council to conduct a study to identify and quantify 

11 new markets that would be created, as well as existing 

12 markets that would be expanded, by the incorporation 

13 of the technologies developed pursuant to this section 

14 into future commercial aircraft. The study shall iden15 tify whether any of the performance characteristics 

16 specified in subsection (a) would need to be made 

17 more stringent in order to create new markets or ex18 pand existing markets. The National Research Coun19 cil shall seek input from at least the aircraft manu20 facturing industry, academia, and the airlines in car21 rying out the study. 

22 (2) REPORT.—A report containing the results of 

23 the study conducted under paragraph (1) shall be pro24 vided to Congress not later than 18 months after the 

25 date of enactment of this Act. 
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1 SEC. 422. CIVIL SUPERSONIC TRANSPORT RESEARCH AND 

2 DEVELOPMENT INITIATIVE. 

3 The Administrator may establish an initiative with 

4 the objective of developing, and demonstrating in a relevant 

5 environment, within 20 years after the date of enactment 

6 of this Act, technologies to enable overland flight of super7 sonic civil transport aircraft with at least the following per8 formance characteristics: 

9 (1) Mach number of at least 1.4. 

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

11 (3) Payload of at least 24 passengers. 

12 (4) Noise levels on takeoff and on airport ap13 proach and landing that meet community noise 

14 standards in place at airports from which such com15 mercial supersonic aircraft would normally operate 

16 at the time the aircraft would enter commercial serv17 ice. 

18 (5) Shaped sonic boom signatures sufficiently 

19 low to permit overland flight over populated areas. 

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

21 vapor emissions consistent with regulations likely to 

22 be in effect at the time of this aircraft’s introduction. 
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1 SEC. 423. ROTORCRAFT AND OTHER RUNWAY-INDE2 PENDENT AIR VEHICLES RESEARCH AND DE3 VELOPMENT INITIATIVE. 

4 The Administrator may establish a rotorcraft and 

5 other runway-independent air vehicles initiative with the 

6 objective of developing and demonstrating in a relevant en7 vironment, within 10 years after the date of enactment of 

8 this Act, technologies to enable significantly safer, quieter, 

9 and more environmentally compatible operation from a 

10 wider range of airports under a wider range of weather con11 ditions than is the case for rotorcraft and other runway12 independent air vehicles in service as of the date of enact13 ment of this Act. 

14 Subtitle C—Other NASA Aero15 nautics Research and Develop16 ment Activities 

17 SEC. 431. FUNDAMENTAL RESEARCH AND TECHNOLOGY 

18 BASE PROGRAM. 

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

20 maintains needed capabilities in fundamental areas of 

21 aeronautical research, the Administrator shall establish a 

22 program of long-term fundamental research in aeronautical 

23 sciences and technologies that is not tied to specific develop24 ment projects. 

25 (b) ASSESSMENT.—The Administrator shall enter into 

26 an arrangement with the National Research Council for an 
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1 assessment of the Nation’s future requirements for funda2 mental aeronautics research and whether the Nation will 

3 have a skilled research workforce and research facilities 

4 commensurate with those requirements. The assessment 

5 shall include an identification of any projected gaps, and 

6 recommendations for what steps should be taken by the Fed7 eral Government to eliminate those gaps. 

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

9 assessment, along with NASA’s response to the assessment, 

10 to Congress not later than 2 years after the date of enact11 ment of this Act. 

12 SEC. 432. AIRSPACE SYSTEMS RESEARCH. 

13 (a) OBJECTIVE.—The Airspace Systems Research pro14 gram shall pursue research and development to enable revo15 lutionary improvements to and modernization of the Na16 tional Airspace System, as well as to enable the introduc17 tion of new systems for vehicles that can take advantage 

18 of an improved, modern air transportation system. 

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

20 of enactment of this Act, the Administrator shall align the 

21 projects of the Airspace Systems Research program so that 

22 they directly support the objectives of the Joint Planning 

23 and Development Office’s Next Generation Air Transpor24 tation System Integrated Plan. 
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1 SEC. 433. AVIATION SAFETY AND SECURITY RESEARCH. 

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

3 Research program shall pursue research and development 

4 activities that directly address the safety and security needs 

5 of the National Airspace System and the aircraft that fly 

6 in it. The program shall develop prevention, intervention, 

7 and mitigation technologies aimed at causal, contributory, 

8 or circumstantial factors of aviation accidents. 

9 (b) PLAN.—Not later than 1 year after the date of en10 actment of this Act, the Administrator shall transmit to 

11 Congress a 5-year prioritized plan for the research to be 

12 conducted within the Aviation Safety and Security Re13 search program. The plan shall be aligned with the objec14 tives of the Joint Planning and Development Office’s Next 

15 Generation Air Transportation System Integrated Plan. 

16 SEC. 434. ZERO-EMISSIONS AIRCRAFT RESEARCH. 

17 (a) OBJECTIVE.—The Administrator may establish a 

18 zero-emissions aircraft research program whose objective 

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

20 fuel cell-powered aircraft that would have no hydrocarbon 

21 or nitrogen oxide emissions into the environment. 

22 (b) APPROACH.—The Administrator may establish a 

23 program of competitively awarded grants available to teams 

24 of researchers that may include the participation of indi25 viduals from universities, industry, and government for the 

26 conduct of this research. 
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1 SEC. 435. MARS AIRCRAFT RESEARCH. 

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

3 Mars Aircraft project whose objective shall be to develop and 

4 test concepts for an uncrewed aircraft that could operate 

5 for sustained periods in the atmosphere of Mars. 

6 (b) APPROACH.—The Administrator may establish a 

7 program of competitively awarded grants available to teams 

8 of researchers that may include the participation of indi9 viduals from universities, industry, and government for the 

10 conduct of this research. 

11 SEC. 436. HYPERSONICS RESEARCH. 

12 The Administrator may establish a hypersonics re13 search program whose objective shall be to explore the 

14 science and technology of hypersonic flight using air-breath15 ing propulsion concepts, through a mix of theoretical work, 

16 basic and applied research, and development of flight re17 search demonstration vehicles. 

18 SEC. 437. NASA AERONAUTICS SCHOLARSHIPS. 

19 (a) ESTABLISHMENT.—The Administrator shall estab20 lish a program of scholarships for full-time graduate stu21 dents who are United States citizens and are enrolled in, 

22 or have been accepted by and have indicated their intention 

23 to enroll in, accredited Masters degree programs in aero24 nautical engineering at institutions of higher education. 

25 Each such scholarship shall cover the costs of room, board, 
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1 tuition, and fees, and may be provided for a maximum of 

2 2 years. 

3 (b) IMPLEMENTATION.—Not later than 180 days after 

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

5 publish regulations governing the scholarship program 

6 under this section. 

7 (c) COOPERATIVE TRAINING OPPORTUNITIES.—Stu8 dents who have been awarded a scholarship under this sec9 tion shall have the opportunity for paid employment at one 

10 of the NASA Centers engaged in aeronautics research and 

11 development during the summer prior to the first year of 

12 the student’s Masters program, and between the first and 

13 second year, if applicable. 

14 SEC. 438. AVIATION WEATHER RESEARCH. 

15 The Administrator may carry out a program of col16 laborative research with the National Oceanic and Atmos17 pheric Administration on convective weather events, with 

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

19 to 6-hour aviation weather forecasts. 

20 SEC. 439. ASSESSMENT OF WAKE TURBULENCE RESEARCH 

21 AND DEVELOPMENT PROGRAM. 

22 (a) ASSESSMENT.—The Administrator may enter into 

23 an arrangement with the National Research Council for an 

24 assessment of Federal wake turbulence research and develop-
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1 ment programs. The assessment shall address at least the 

2 following questions: 

3 (1) Are the Federal research and development 

4 goals and objectives well defined? 

5 (2) Are there any deficiencies in the Federal re6 search and development goals and objectives? 

7 (3) What roles should be played by each of the 

8 relevant Federal agencies, such as NASA, the Federal 

9 Aviation Administration, and the National Oceanic 

10 and Atmospheric Administration, in wake turbulence 

11 research and development? 

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

13 assessment conducted pursuant to subsection (a) shall be 

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

15 of enactment of this Act. 

16 SEC. 440. UNIVERSITY-BASED CENTERS. 

17 (a) IN GENERAL.—The Administrator may award 

18 grants to institutions of higher education (or consortia 

19 thereof) to establish one or more centers for the purpose de20 scribed in subsection (b). 

21 (b) PURPOSE.—The purpose of the centers is to con22 duct basic and applied research on the impact of new tech23 nologies and procedures, particularly those related to aero24 nautical navigation and control. 
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1 (c) APPLICATION.—An institution of higher education 

2 (or a consortium of such institutions) seeking funding 

3 under this section shall submit an application to the Ad4 ministrator at such time, in such manner, and containing 

5 such information as the Administrator may require, includ6 ing, at a minimum, a 5-year research plan. 

7 (d) AWARD DURATION.—An award made by the Ad8 ministrator under this section shall be for a period of 5 

9 years and may be renewed on the basis of—

10 (1) satisfactory performance in meeting the goals 

11 of the research plan proposed by the Center in its ap12 plication under subsection (c); and 

13 (2) other requirements as specified by the Ad14 ministrator. 

15 TITLE V—HUMAN SPACE FLIGHT 

16 SEC. 501. INTERNATIONAL SPACE STATION COMPLETION. 

17 (a) ELEMENTS, CAPABILITIES, AND CONFIGURATION

18 CRITERIA.—The Administrator shall ensure that the ISS 

19 will be able to—

20 (1) be used for a diverse range of microgravity 

21 research, including fundamental, applied, and com22 mercial research; 

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

24 least 6 persons, unless the Administrator transmits a 

25 report to the Committee on Science of the House of 
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1 Representatives and the Committee on Commerce, 

2 Science, and Transportation of the Senate prior to 

3 awarding a development contract for the Crew Explo4 ration Vehicle, explaining why such a requirement 

5 should not be met and the impact of not meeting the 

6 requirement on the ISS research agenda and oper7 ations; 

8 (3) support Crew Exploration Vehicle docking 

9 and automated docking of cargo vehicles or modules 

10 launched by either heavy-lift or commercially-devel11 oped launch vehicles; and 

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

13 (b) CONTINGENCY PLAN.—The transportation plan to 

14 support ISS shall include contingency options to ensure suf15 ficient logistics and on-orbit capabilities to support any po16 tential period during which the Space Shuttle or its follow17 on crew and cargo systems is unavailable, and require suffi18 cient surge delivery capability or prepositioning of spares 

19 and other supplies needed to accommodate any such hiatus. 

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

21 date of enactment of this Act, and before making any change 

22 in the ISS assembly sequence in effect on the date of enact23 ment of this Act, the Administrator shall certify in writing 

24 to the Committee on Science of the House of Representatives 

25 and the Committee on Commerce, Science, and Transpor-
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1 tation of the Senate NASA’s plan to meet the requirements 

2 of subsections (a) and (b). 

3 (d) CENTRIFUGE.—Nothing in this Act shall be con4 strued to prohibit the installation of the centrifuge on the 

5 ISS. 

6 SEC. 502. HUMAN EXPLORATION PRIORITIES. 

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

8 (1) construct an architecture and implementa9 tion plan for NASA’s human exploration program 

10 that is not critically dependent on the achievement of 

11 milestones by fixed dates; and 

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

13 potential elements of NASA’s implementation plan for 

14 its human exploration program in case funding short15 falls or cost growth necessitate the adjustment of 

16 NASA’s implementation plan. 

17 (b) PRIORITIES.—Development of a Crew Exploration 

18 Vehicle with a robust crew escape system, development of 

19 a launch system for the Crew Exploration Vehicle, and defi20 nition of an overall architecture and prioritized implemen21 tation plan shall be the highest priorities of the human ex22 ploration program over the period governed by this Act. 

23 SEC. 503. GAO ASSESSMENT. 

24 Not later than 9 months after the date of enactment 

25 of this Act, the Comptroller General shall transmit to the 
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1 Committee on Science of the House of Representatives and 

2 the Committee on Commerce, Science, and Transportation 

3 of the Senate an assessment of the milestones and estimated 

4 costs of the plans submitted under section 102(a)(7). 

5 TITLE VI—OTHER PROGRAM 

6 AREAS 

7 Subtitle A—Space and Flight 

8 Support 

9 SEC. 601. ORBITAL DEBRIS. 

10 The Administrator, in conjunction with the heads of 

11 other Federal agencies, shall take steps to develop or acquire 

12 technologies that will enable NASA to decrease the risks as13 sociated with orbital debris. 

14 SEC. 602. SECONDARY PAYLOAD CAPABILITY. 

15 The Administrator is encouraged to provide the capa16 bilities to support secondary payloads on United States 

17 launch vehicles, including freeflyers, for satellites or sci18 entific payloads. 

19 Subtitle B—Education 

20 SEC. 611. INSTITUTIONS IN NASA’S MINORITY INSTITU21 TIONS PROGRAM. 

22 The matter appearing under the heading ‘‘NATIONAL

23 AERONAUTICS AND SPACE ADMINISTRATION, SMALL AND

24 DISADVANTAGED BUSINESS’’ in title III of the Departments 

25 of Veterans Affairs and Housing and Urban Development, 
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1 and Independent Agencies Appropriations Act, 1990 (42 

2 U.S.C. 2473b; 103 Stat. 863) is amended by striking ‘‘His3 torically Black Colleges and Universities and’’ and insert4 ing ‘‘Historically Black Colleges and Universities that are 

5 part B institutions (as defined in section 322(2) of the 

6 Higher Education Act of 1965 (20 U.S.C. 1061(2))), His7 panic-serving institutions (as defined in section 502(a)(5) 

8 of that Act (20 U.S.C. 1101a(a)(5))), Tribal Colleges or 

9 Universities (as defined in section 316(b)(3) of that Act (20 

10 U.S.C. 1059c(b)(3))), Alaskan Native-serving institutions 

11 (as defined in section 317(b)(2) of that Act (20 U.S.C. 

12 1059d)(b)(2))), Native Hawaiian-serving institutions (as 

13 defined in section 317(b)(4) of that Act (20 U.S.C. 

14 1059d(b)(4))), and’’. 

15 SEC. 612. PROGRAM TO EXPAND DISTANCE LEARNING IN 

16 RURAL UNDERSERVED AREAS. 

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

18 expand programs to extend science and space educational 

19 outreach to rural communities and schools through video 

20 conferencing, interpretive exhibits, teacher education, class21 room presentations, and student field trips. 

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

23 Administrator shall give priority to existing programs—

24 (1) that utilize community-based partnerships in 

25 the field; 
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1 (2) that build and maintain video conference 

2 and exhibit capacity; 

3 (3) that travel directly to rural communities and 

4 serve low-income populations; and 

5 (4) with a special emphasis on increasing the 

6 number of women and minorities in the science and 

7 engineering professions. 

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

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

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

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

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

13 individual whose employer does not provide any 

14 funding, payment, or compensation to the individual 

15 for the observation of asteroids and other celestial bod16 ies, and does not include any individual employed as 

17 a professional astronomer; 

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

19 Minor Planet Center of the Smithsonian Astro20 physical Observatory; 

21 (3) the term ‘‘near-Earth asteroid’’ means an as22 teroid with a perihelion distance of less than 1.3 As23 tronomical Units from the Sun; and 
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1 (4) the term ‘‘Program’’ means the Charles 

2 ‘‘Pete’’ Conrad Astronomy Awards Program estab3 lished under subsection (c). 

4 (c) PETE CONRAD ASTRONOMY AWARD PROGRAM.—

5 (1) IN GENERAL.—The Administrator shall es6 tablish the Charles ‘‘Pete’’ Conrad Astronomy Awards 

7 Program. 

8 (2) AWARDS.—The Administrator shall make 

9 awards under the Program based on the recommenda10 tions of the Minor Planet Center. 

11 (3) AWARD CATEGORIES.—The Administrator 

12 shall make one annual award, unless there are no eli13 gible discoveries or contributions, for each of the fol14 lowing categories: 

15 (A) The amateur astronomer or group of 

16 amateur astronomers who in the preceding cal17 endar year discovered the intrinsically brightest 

18 near-Earth asteroid among the near-Earth aster19 oids that were discovered during that year by 

20 amateur astronomers or groups of amateur as21 tronomers. 

22 (B) The amateur astronomer or group of 

23 amateur astronomers who made the greatest con24 tribution to the Minor Planet Center’s mission of 
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1 cataloguing near-Earth asteroids during the pre2 ceding year. 

3 (4) AWARD AMOUNT.—An award under the Pro4 gram shall be in the amount of $3,000. 

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

6 a citizen or permanent resident of the United States 

7 at the time of his discovery or contribution may re8 ceive an award under this section. 

9 (B) The decisions of the Administrator in mak10 ing awards under this section are final. 

11 SEC. 614. REVIEW OF EDUCATION PROGRAMS. 

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

13 an arrangement with the National Research Council of the 

14 National Academy of Sciences to conduct a review and eval15 uation of NASA’s science, technology, engineering, and 

16 mathematics education program. The review and evalua17 tion shall be documented in a report to the Administrator 

18 and shall include such recommendations as the National 

19 Research Council determines will improve the effectiveness 

20 of the program. 

21 (b) REVIEW.—The review and evaluation under sub22 section (a) shall include—

23 (1) an evaluation of the effectiveness of the over24 all program in meeting its defined goals and objec25 tives; 
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1 (2) an assessment of the quality and educational 

2 effectiveness of the major components of the program, 

3 including an evaluation of the adequacy of assessment 

4 metrics and data collection requirements available for 

5 determining the effectiveness of individual projects; 

6 (3) an evaluation of the funding priorities in the 

7 program, including a review of the funding level and 

8 funding trend for each major component of the pro9 gram and an assessment of whether the resources 

10 made available are consistent with meeting identified 

11 goals and priorities; and 

12 (4) a determination of the extent and the effec13 tiveness of coordination and collaboration between 

14 NASA and other Federal agencies that sponsor 

15 science, technology, engineering, and mathematics 

16 education activities. 

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

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

19 shall transmit to the Committee on Science of the House 

20 of Representatives and the Committee on Commerce, 

21 Science, and Transportation of the Senate the report re22 quired under subsection (a). 
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1 SEC. 615. EQUAL ACCESS TO NASA’S EDUCATION PRO2 GRAMS. 

3 The Administrator shall strive to ensure equal access 

4 for minority and economically disadvantaged students to 

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

6 the date of enactment of this Act, and every 2 years there7 after, the Administrator shall submit a report to the Com8 mittee on Science of the House of Representatives and the 

9 Committee on Commerce, Science, and Transportation of 

10 the Senate describing the efforts by the Administrator to 

11 ensure equal access for minority and economically dis12 advantaged students under this section, and the results of 

13 such efforts. As part of the report, the Administrator shall 

14 provide data on minority participation in NASA’s edu15 cation programs, at a minimum in the following categories: 

16 elementary and secondary education, undergraduate edu17 cation, and graduate education. 

18 SEC. 616. MUSEUMS. 

19 The Administrator may provide grants to, and enter 

20 into cooperative agreements with museums and planetar21 iums to enable them to enhance programs related to space 

22 exploration, aeronautics, space science, earth science, or 

23 microgravity. 

24 SEC. 617. REVIEW OF MUST PROGRAM. 

25 Not later than 60 days after the date of enactment of 

26 this Act, the Administrator shall transmit a report to Con-
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1 gress on the legal status of the Motivating Undergraduates 

2 in Science and Technology program. If the report concludes 

3 that the program is in compliance with the laws of the 

4 United States, NASA shall implement the program, as 

5 planned in the July 5, 2005 National Research Announce6 ment. 

7 TITLE VII—MISCELLANEOUS 

8 AMENDMENTS 

9 SEC. 701. RETROCESSION OF JURISDICTION. 

10 The National Aeronautics and Space Act of 1958 (42 

11 U.S.C. 2451 et seq.) is amended by adding at the end of 

12 title III the following new section: 

13 ‘‘RETROCESSION OF JURISDICTION

14 ‘‘SEC. 316. (a) Notwithstanding any other provision 

15 of law, the Administrator may relinquish to a State all or 

16 part of the legislative jurisdiction of the United States over 

17 lands or interests under the control of the Administrator 

18 in that State. 

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

20 means any of the several States, the District of Columbia, 

21 the Commonwealth of Puerto Rico, the United States Virgin 

22 Islands, Guam, American Samoa, the Northern Mariana 

23 Islands, and any other commonwealth, territory, or posses24 sion of the United States.’’. 
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1 SEC. 702. EXTENSION OF INDEMNIFICATION. 

2 Section 309 of the National Aeronautics and Space Act 

3 of 1958 (42 U.S.C. 2458c) is amended in subsection (f)(1) 

4 by striking ‘‘December 31, 2002’’ through ‘‘September 30, 

5 2005’’ and inserting, ‘‘December 31, 2010, except that the 

6 Administrator may extend the termination date to a date 

7 not later than September 30, 2015, if the Administrator has 

8 entered into an arrangement with the National Academy 

9 of Public Administration to determine the impact on pri10 vate parties and the Federal Government of eliminating 

11 this section’’. 

12 SEC. 703. NASA SCHOLARSHIPS. 

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

14 States Code, is amended—

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

16 inserting ‘‘Act (42 U.S.C. 1885a or 1885b).’’; 

17 (2) in subsection (c) by striking ‘‘require.’’ and 

18 inserting ‘‘require to carry out this section.’’; 

19 (3) in subsection (f)(1) by striking the last sen20 tence; and 

21 (4) in subsection (g)(2) by striking ‘‘Treasurer of 

22 the’’ and all that follows through ‘‘by 3’’ and insert23 ing ‘‘Treasurer of the United States’’. 

24 (b) REPEAL.—The Vision 100—Century of Aviation 

25 Reauthorization Act is amended by striking section 703 (42 

26 U.S.C. 2473e). 
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1 SEC. 704. INDEPENDENT COST ANALYSIS. 

2 Section 301 of the National Aeronautics and Space 

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

4 2459g) is amended—

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

6 inserting ‘‘implementation’’; 

7 (2) by striking ‘‘Chief Financial Officer’’ each 

8 place it appears in subsection (a) and inserting ‘‘Ad9 ministrator’’; 

10 (3) by inserting ‘‘and consider’’ in subsection (a) 

11 after ‘‘shall conduct’’; and 

12 (4) by striking subsection (b) and inserting the 

13 following: 

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

15 term ‘implementation’ means all activity in the life cycle 

16 of a project after preliminary design, independent assess17 ment of the preliminary design, and approval to proceed 

18 into implementation, including critical design, develop19 ment, certification, launch, operations, disposal of assets, 

20 and, for technology programs, development, testing, anal21 ysis and communication of the results.’’. 

22 SEC. 705. LIMITATIONS ON OFF-SHORE PERFORMANCE OF 

23 CONTRACTS FOR THE PROCUREMENT OF 

24 GOODS AND SERVICES. 

25 (a) CONVERSIONS TO CONTRACTOR PERFORMANCE OF

26 ADMINISTRATION ACTIVITIES.—Except as provided in sub-
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1 section (c), an activity or function of the Administration 

2 that is converted to contractor performance under Office of 

3 Management and Budget Circular A–76 may not be per4 formed by the contractor or any subcontractor at a location 

5 outside the United States. 

6 (b) CONTRACTS FOR THE PROCUREMENT OF SERV7 ICES.—(1) Except as provided in subsection (c), a contract 

8 for the procurement of goods or services that is entered into 

9 by the Administrator may not be performed outside the 

10 United States unless it is to meet a requirement of the Ad11 ministration for goods or services specifically at a location 

12 outside the United States. 

13 (2) The President may waive the prohibition in para14 graph (1) in the case of any contract for which the Presi15 dent determines in writing that it is necessary in the na16 tional security interests of the United States for goods or 

17 services under the contract to be performed outside the 

18 United States. 

19 (3) The Administrator may waive the prohibition in 

20 paragraph (1) in the case of any contract for which the 

21 Administrator determines in writing that essential goods 

22 or services under the contract are only available from a 

23 source outside the United States. 

24 (c) EXCEPTION.—Subsections (a) and (b)(1) shall not 

25 apply to the extent that the activity or function under the 
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1 contract was previously performed by Federal Government 

2 employees outside the United States. 

3 (d) CONSISTENCY WITH INTERNATIONAL AGREE4 MENTS.—The provisions of this section shall not apply to 

5 the extent that they are inconsistent with obligations of the 

6 United States under international agreements. 

7 (e) ANNUAL REPORT.—The Administrator shall sub8 mit to Congress, not later than 120 days after the end of 

9 each fiscal year, a report on the contracts performed over10 seas and amount of purchases by NASA from foreign enti11 ties in that fiscal year. Such report shall separately indicate 

12 the dollar value of contracts for which the provisions of this 

13 section were waived and the dollar value of items for which 

14 the Buy American Act was waived pursuant to obligations 

15 of the United States under international agreements. 

16 SEC. 706. LONG DURATION FLIGHT. 

17 No provision of this or any other Act shall be construed 

18 to prohibit NASA from accommodating the exercise of reli19 gion by astronauts engaged in long duration space flight 

20 missions. 

21 TITLE VIII—INDEPENDENT 

22 COMMISSIONS 

23 SEC. 801. DEFINITIONS. 

24 For purposes of this title—
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1 (1) the term ‘‘Commission’’ means a Commission 

2 established under this title; and 

3 (2) the term ‘‘incident’’ means either an accident 

4 or a deliberate act. 

5 Subtitle A—International Space 

6 Station Independent Safety Com7 mission 

8 SEC. 811. ESTABLISHMENT OF COMMISSION. 

9 (a) ESTABLISHMENT.—The President shall establish 

10 an independent, nonpartisan Commission within the execu11 tive branch to discover and assess any vulnerabilities of the 

12 International Space Station that could lead to its destruc13 tion, compromise the health of its crew, or necessitate its 

14 premature abandonment. 

15 (b) DEADLINE FOR ESTABLISHMENT.—The President 

16 shall issue an executive order establishing a Commission 

17 within 30 days after the date of enactment of this Act. 

18 SEC. 812. TASKS OF THE COMMISSION. 

19 The Commission established under section 811 shall, 

20 to the extent possible, undertake the following tasks: 

21 (1) Catalog threats to and vulnerabilities of the 

22 ISS, including design flaws, natural phenomena, 

23 computer software or hardware flaws, sabotage or ter24 rorist attack, number of crewmembers, and inability 
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1 to adequately deliver replacement parts and supplies, 

2 and management or procedural deficiencies. 

3 (2) Make recommendations for corrective actions. 

4 (3) Provide any additional findings or rec5 ommendations related to ISS safety. 

6 (4) Prepare a report to Congress, the President, 

7 and the public. 

8 SEC. 813. SUNSET. 

9 The Commission established under this subtitle shall 

10 transmit its final report not later than 1 year after the date 

11 on which the full Commission membership is appointed. 

12 Subtitle B—Human Space Flight 

13 Independent Investigation Com14 mission 

15 SEC. 821. ESTABLISHMENT OF COMMISSION. 

16 (a) ESTABLISHMENT.—The President shall establish 

17 an independent, nonpartisan Commission within the execu18 tive branch to investigate any incident that results in the 

19 loss of—

20 (1) a Space Shuttle; 

21 (2) the International Space Station or its oper22 ational viability; 

23 (3) any other United States space vehicle car24 rying humans that is owned by the Federal Govern-
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1 ment or that is being used pursuant to a contract 

2 with the Federal Government; or 

3 (4) a crew member or passenger of any space ve4 hicle described in this subsection. 

5 (b) DEADLINE FOR ESTABLISHMENT.—The President 

6 shall issue an executive order establishing a Commission 

7 within 7 days after an incident specified in subsection (a). 

8 SEC. 822. TASKS OF THE COMMISSION. 

9 A Commission established pursuant to this subtitle 

10 shall, to the extent possible, undertake the following tasks: 

11 (1) Investigate the incident. 

12 (2) Determine the cause of the incident. 

13 (3) Identify all contributing factors to the cause 

14 of the incident. 

15 (4) Make recommendations for corrective actions. 

16 (5) Provide any additional findings or rec17 ommendations deemed by the Commission to be im18 portant, whether or not they are related to the specific 

19 incident under investigation. 

20 (6) Prepare a report to Congress, the President, 

21 and the public. 
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1 Subtitle C—Organization and 

2 Operation of Commissions 

3 SEC. 831. COMPOSITION OF COMMISSIONS. 

4 (a) NUMBER OF COMMISSIONERS.—A Commission es5 tablished pursuant to this title shall consist of 15 members. 

6 (b) SELECTION.—The members of a Commission shall 

7 be chosen in the following manner: 

8 (1) The President shall appoint the members, 

9 and shall designate the Chairman and Vice Chairman 

10 of the Commission from among its members. 

11 (2) Four of the 15 members appointed by the 

12 President shall be selected by the President in the fol13 lowing manner: 

14 (A) The majority leader of the Senate, the 

15 minority leader of the Senate, the Speaker of the 

16 House of Representatives, and the minority lead17 er of the House of Representatives shall each pro18 vide to the President a list of candidates for 

19 membership on the Commission. 

20 (B) The President shall select one of the 

21 candidates from each of the 4 lists for member22 ship on the Commission. 

23 (3) In the case of a Commission established 

24 under subtitle A, the President shall select one can25 didate from a list of candidates for membership on 
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1 the Commission provided by the President of the col2 lective-bargaining organization including the largest 

3 number of NASA engineers. 

4 (4) No officer or employee of the Federal Govern5 ment shall serve as a member of the Commission. 

6 (5) No member of the Commission shall have, or 

7 have pending, a contractual relationship with NASA. 

8 (6) The President shall not appoint any indi9 vidual as a member of a Commission under this sec10 tion who has a current or former relationship with 

11 the Administrator that the President determines 

12 would constitute a conflict of interest. 

13 (7) To the extent practicable, the President shall 

14 ensure that the members of the Commission include 

15 some individuals with experience relative to human 

16 carrying spacecraft, as well as some individuals with 

17 investigative experience and some individuals with 

18 legal experience. 

19 (8) To the extent practicable, the President shall 

20 seek diversity in the membership of the Commission. 

21 (9) The President may waive the prohibitions in 

22 paragraphs (5) and (6) with respect to the selection 

23 of not more than two members of a Commission estab24 lished under subtitle A. 
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1 (c) DEADLINE FOR APPOINTMENT.—All members of a 

2 Commission established under subtitle A shall be appointed 

3 no later than 60 days after issuance of the executive order 

4 establishing the Commission. All members of a Commission 

5 established under subtitle B shall be appointed no later than 

6 30 days after the incident. 

7 (d) INITIAL MEETING.—A Commission shall meet and 

8 begin operations as soon as practicable. 

9 (e) QUORUM; VACANCIES.—After its initial meeting, a 

10 Commission shall meet upon the call of the Chairman or 

11 a majority of its members. Eight members of a Commission 

12 shall constitute a quorum. Any vacancy in a Commission 

13 shall not affect its powers, but shall be filled in the same 

14 manner in which the original appointment was made. 

15 SEC. 832. POWERS OF COMMISSION. 

16 (a) HEARINGS AND EVIDENCE.—A Commission or, on 

17 the authority of the Commission, any subcommittee or 

18 member thereof, may, for the purpose of carrying out this 

19 title—

20 (1) hold such hearings and sit and act at such 

21 times and places, take such testimony, receive such 

22 evidence, administer such oaths; and 

23 (2) require, by subpoena or otherwise, the attend24 ance and testimony of such witnesses and the produc-
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1 tion of such books, records, correspondence, memo2 randa, papers, and documents, 

3 as the Commission or such designated subcommittee or des4 ignated member may determine advisable. 

5 (b) CONTRACTING.—A Commission may, to such extent 

6 and in such amounts as are provided in appropriation 

7 Acts, enter into contracts to enable the Commission to dis8 charge its duties under this title. 

9 (c) INFORMATION FROM FEDERAL AGENCIES.—

10 (1) IN GENERAL.—A Commission may secure di11 rectly from any executive department, bureau, agency, 

12 board, commission, office, independent establishment, 

13 or instrumentality of the Government, information, 

14 suggestions, estimates, and statistics for the purposes 

15 of this title. Each department, bureau, agency, board, 

16 commission, office, independent establishment, or in17 strumentality shall, to the extent authorized by law, 

18 furnish such information, suggestions, estimates, and 

19 statistics directly to the Commission, upon request 

20 made by the Chairman, the chairman of any sub21 committee created by a majority of the Commission, 

22 or any member designated by a majority of the Com23 mission. 

24 (2) RECEIPT, HANDLING, STORAGE, AND DIS25 SEMINATION.—Information shall only be received, 
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1 handled, stored, and disseminated by members of the 

2 Commission and its staff consistent with all applica3 ble statutes, regulations, and Executive orders. 

4 (d) ASSISTANCE FROM FEDERAL AGENCIES.—

5 (1) GENERAL SERVICES ADMINISTRATION.—The 

6 Administrator of General Services shall provide to a 

7 Commission on a reimbursable basis administrative 

8 support and other services for the performance of the 

9 Commission’s tasks. 

10 (2) OTHER DEPARTMENTS AND AGENCIES.—In 

11 addition to the assistance prescribed in paragraph 

12 (1), departments and agencies of the United States 

13 may provide to the Commission such services, funds, 

14 facilities, staff, and other support services as they 

15 may determine advisable and as may be authorized 

16 by law. 

17 (3) NASA ENGINEERING AND SAFETY CENTER.—

18 The NASA Engineering and Safety Center shall pro19 vide data and technical support as requested by a 

20 Commission. 

21 SEC. 833. PUBLIC MEETINGS, INFORMATION, AND HEAR22 INGS. 

23 (a) PUBLIC MEETINGS AND RELEASE OF PUBLIC

24 VERSIONS OF REPORTS.—A Commission shall—
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1 (1) hold public hearings and meetings to the ex2 tent appropriate; and 

3 (2) release public versions of the reports required 

4 under this Act. 

5 (b) PUBLIC HEARINGS.—Any public hearings of a 

6 Commission shall be conducted in a manner consistent with 

7 the protection of information provided to or developed for 

8 or by the Commission as required by any applicable statute, 

9 regulation, or Executive order. 

10 SEC. 834. STAFF OF COMMISSION. 

11 (a) APPOINTMENT AND COMPENSATION.—The Chair12 man, in consultation with Vice Chairman, in accordance 

13 with rules agreed upon by a Commission, may appoint and 

14 fix the compensation of a staff director and such other per15 sonnel as may be necessary to enable the Commission to 

16 carry out its functions. 

17 (b) DETAILEES.—Any Federal Government employee, 

18 except for an employee of NASA, may be detailed to a Com19 mission without reimbursement from the Commission, and 

20 such detailee shall retain the rights, status, and privileges 

21 of his or her regular employment without interruption. 

22 (c) CONSULTANT SERVICES.—A Commission may pro23 cure the services of experts and consultants in accordance 

24 with section 3109 of title 5, United States Code, but at rates 

25 not to exceed the daily rate paid a person occupying a posi-
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1 tion at level IV of the Executive Schedule under section 

2 5315 of title 5, United States Code. Any consultant or ex3 pert whose services are procured under this subsection shall 

4 disclose any contract or association it has with NASA or 

5 any NASA contractor. 

6 SEC. 835. COMPENSATION AND TRAVEL EXPENSES. 

7 (a) COMPENSATION.—Each member of a Commission 

8 may be compensated at not to exceed the daily equivalent 

9 of the annual rate of basic pay in effect for a position at 

10 level IV of the Executive Schedule under section 5315 of title 

11 5, United States Code, for each day during which that mem12 ber is engaged in the actual performance of the duties of 

13 the Commission. 

14 (b) TRAVEL EXPENSES.—While away from their 

15 homes or regular places of business in the performance of 

16 services for the Commission, members of a Commission shall 

17 be allowed travel expenses, including per diem in lieu of 

18 subsistence, in the same manner as persons employed inter19 mittently in the Government service are allowed expenses 

20 under section 5703(b) of title 5, United States Code. 

21 SEC. 836. SECURITY CLEARANCES FOR COMMISSION MEM22 BERS AND STAFF. 

23 The appropriate Federal agencies or departments shall 

24 cooperate with a Commission in expeditiously providing to 

25 the Commission members and staff appropriate security 
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1 clearances to the extent possible pursuant to existing proce2 dures and requirements. No person shall be provided with 

3 access to classified information under this title without the 

4 appropriate security clearances. 

5 SEC. 837. REPORTING REQUIREMENTS AND TERMINATION. 

6 (a) INTERIM REPORTS.—A Commission may submit 

7 to the President and Congress interim reports containing 

8 such findings, conclusions, and recommendations for correc9 tive actions as have been agreed to by a majority of Com10 mission members. 

11 (b) FINAL REPORT.—A Commission shall submit to 

12 the President and Congress, and make concurrently avail13 able to the public, a final report containing such findings, 

14 conclusions, and recommendations for corrective actions as 

15 have been agreed to by a majority of Commission members. 

16 Such report shall include any minority views or opinions 

17 not reflected in the majority report. 

18 (c) TERMINATION.—

19 (1) IN GENERAL.—A Commission, and all the 

20 authorities of this title with respect to that Commis21 sion, shall terminate 60 days after the date on which 

22 the final report is submitted under subsection (b). 

23 (2) ADMINISTRATIVE ACTIVITIES BEFORE TERMI24 NATION.—A Commission may use the 60-day period 

25 referred to in paragraph (1) for the purpose of con-
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1 cluding its activities, including providing testimony 

2 to committees of Congress concerning its reports and 

3 disseminating the final report.

Attest:

Clerk. 
109TH CONGRESS 

1ST SESSION S. 1281

AMENDMENT