II 

Calendar No. 174

109TH CONGRESS 

1ST SESSION S. 1281

[Report No. 109–108] 

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

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

2007, 2008, 2009, and 2010. 

IN THE SENATE OF THE UNITED STATES 

JUNE 21, 2005

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

INOUYE, and Mr. LOTT) introduced the following bill; which was read 

twice and referred to the Committee on Commerce, Science, and Transportation 

JULY 26, 2005

Reported by Mr. STEVENS, with amendments 

[Omit the part struck through and insert the part printed in italic] 

A BILL

To authorize appropriations for the National Aeronautics 

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

2008, 2009, and 2010.
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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as ‘‘Na5 tional Aeronautics and Space Administration Authoriza6 tion Act of 2005’’. 

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

8 this Act is as follows:

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

Sec. 3. Definitions. 

TITLE I—AUTHORIZATION OF APPROPRIATIONS 

SUBTITLE A—AUTHORIZATIONS

Sec. 101. Fiscal year 2006. 

Sec. 102. Fiscal year 2007. 

Sec. 103. Fiscal year 2008. 

Sec. 104. Fiscal year 2009. 

Sec. 105. Fiscal year 2010. 

Sec. 106. Evaluation criteria for budget request. 

SUBTITLE B—GENERAL PROVISIONS

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

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

universe. 

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

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

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

orbit. 

Sec. 135. Ground-based analog capabilities. 

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

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

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

Sec. 139. Lessons learned and best practices. 

Sec. 140. Safety management. 

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

Sec. 142. Earth observing system.

Sec. 143. NASA healthcare program. 

Sec. 144. Assessment of extension of data collection from Ulysses and Voyager 

spacecraft. 

Sec. 145. Program to expand distance learning in rural underserved areas. 

Sec. 146. Institutions in NASA’S minority institutions program. 
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Sec. 147. Aviation safety program. 

Sec. 148. Atmospheric, geophysical, and rocket research authorization. 

Sec. 149. Orbital debris. 

Sec. 150. Continuation of certain educational programs. 

Sec. 151. Establishment of the Charles ‘‘Pete’’ Conrad Astronomy Awards Program. 

Sec. 152. GAO assessment of feasibility of Moon and Mars exploration missions.

SUBTITLE C—LIMITATIONS AND SPECIAL AUTHORITY

Sec. 161. Official representational fund. 

Sec. 161. Facilities management. 

TITLE II—INTERNATIONAL SPACE STATION 

Sec. 201. International Space Station completion. 

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

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

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

utilization. 

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

TITLE III—NATIONAL SPACE TRANSPORTATION POLICY 

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

Sec. 302. Space Shuttle transition. 

Sec. 303. Commercial launch vehicles. 

Sec. 304. Secondary payload capability. 

TITLE IV—ENABLING COMMERCIAL ACTIVITY 

Sec. 401. Commercialization plan. 

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

advanced space and aeronautical technologies. 

Sec. 403. Commercial goods and services. 

TITLE V—MISCELLANEOUS ADMINISTRATIVE IMPROVEMENTS 

Sec. 501. Extension of indemnification authority. 

Sec. 502. Intellectual property provisions. 

Sec. 503. Retrocession of jurisdiction. 

Sec. 504. Recovery and disposition authority. 

Sec. 505. Requirement for independent cost analysis. 

Sec. 506. Electronic access to business opportunities. 

Sec. 507. Reports elimination.

1 SEC. 2. FINDINGS. 

2 The Congress finds the following: 

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

2 exploration program. 

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

4 Earth science, and aeronautics remain a significant 

5 part of the Nation’s goals for the use and develop6 ment of space. Basic research and development is an 

7 important component of NASA’s program of explo8 ration and discovery. 

9 (3) Maintaining the capability to safely send 

10 humans into space is essential to United States na11 tional and economic security, United States pre12 eminence in space, and inspiring the next generation 

13 of explorers. Thus, a gap in United States human 

14 space flight capability is harmful to the national in15 terest. 

16 (4) The exploration, development, and perma17 nent habitation of the Moon will—

18 (A) inspire the Nation; 

19 (B) spur commerce, imagination, and ex20 citement around the world; and 

21 (C) open the possibility of further explo22 ration of Mars. 

23 (5) The establishment of the capability for con24 sistent access to and stewardship of the region be-
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1 tween the Moon and Earth is in the national secu2 rity and commercial interests of the United States. 

3 (6) Commercial development of space, including 

4 exploration and other lawful uses, is in the interest 

5 of the United States and the international commu6 nity at large. 

7 (7) Research and access to capabilities to sup8 port a national laboratory facility within the United 

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

10 the national policy interests of the United States, in11 cluding maintenance and development of an active 

12 and healthy stream of research from ground to space 

13 in areas that can uniquely benefit from access to 

14 this facility. 

15 (8) NASA should develop vehicles to replace the 

16 Shuttle orbiter’s capabilities for transporting crew 

17 and heavy cargo while utilizing the current pro18 gram’s resources, including human capital, capabili19 ties, and infrastructure. Using these resources can 

20 ease the transition to a new space transportation 

21 system, maintain an essential industrial base, and 

22 minimize technology and safety risks.

23 (9) The United States should remain the world 

24 leader in aeronautics and aviation. NASA should 

25 align its aerospace research to ensure United States 
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1 leadership. A national effort is needed to assess 

2 NASA’s aeronautics programs and infrastructure to 

3 allow a consolidated national approach that ensures 

4 efficiency and national preeminence in aeronautics 

5 and aviation.

6 (9) 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 interest. NASA should align its aerospace leadership 

10 to ensure United States leadership. A national effort 

11 is needed to ensure that NASA’s aeronautics pro12 grams are leading contributors to the Nation’s civil 

13 and military aviation needs, as well as to its explo14 ration capabilities.

15 SEC. 3. DEFINITIONS. 

16 In this Act: 

17 (1) ADMINISTRATOR.—The term ‘‘Adminis18 trator’’ means the Administrator of the National 

19 Aeronautics and Space Administration. 

20 (2) ISS.—The term ‘‘ISS’’ means the Inter21 national Space Station. 

22 (3) NASA.—The term ‘‘NASA’’ means the Na23 tional Aeronautics and Space Administration. 
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1 (4) SHUTTLE-DERIVED VEHICLE.—The term 

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

3 transportation vehicle, piloted or unpiloted, that—

4 (A) is capable of supporting crew or cargo 

5 missions; and 

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

7 Space Transportation System, such as the solid 

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

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

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

14 products. 

15 TITLE I—AUTHORIZATION OF 

16 APPROPRIATIONS 

17 Subtitle A—Authorizations 

18 SEC. 101. FISCAL YEAR 2006. 

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

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

22 (1) For science, aeronautics and exploration, 

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

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

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

5 for the purposes of section 202 of this Act. 

6 (3) For the Office of Inspector General, 

7 $32,400,000. 

8 SEC. 102. FISCAL YEAR 2007. 

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

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

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

13 and exploration (including amounts for construction 

14 of facilities). 

15 (2) For exploration capabilities, 

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

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

19 (3) For the Office of Inspector General, 

20 $33,500,000. 

21 SEC. 103. FISCAL YEAR 2008. 

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

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

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

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

5 SEC. 105. FISCAL YEAR 2010. 

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

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

9 SEC. 106. EVALUATION CRITERIA FOR BUDGET REQUEST. 

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

11 the United States submitted to the Congress after the date 

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

14 Act and the amendments made by this Act. 

15 Subtitle B—General Provisions 

16 SEC. 131. IMPLEMENTATION OF A SCIENCE PROGRAM THAT 

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

20 The Administrator shall—

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

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

24 various areas within NASA’s science portfolio are 

25 developed and maintained in a balanced and healthy 

26 manner; manner, and, as part of this balanced 
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1 science research program, provide, to the maximum 

2 extent feasible, continued support and funding for the 

3 Magnetospheric Multiscale Mission, SIM-Planet 

4 Quest, and Future Explorers programs, including de5 termining whether these delayed missions and 

6 planned missions can be expedited to meet previous 

7 schedules;

8 (2) plan projected Mars exploration activities in 

9 the context of planned lunar robotic precursor mis10 sions, ensuring the ability to conduct a broad set of 

11 scientific investigations and research around and on 

12 the Moon’s surface; 

13 (3) upon successful completion of the planned 

14 return-to-flight schedule of the Space Shuttle, deter15 mine the schedule for a Shuttle servicing mission to 

16 the Hubble Space Telescope, unless such a mission 

17 would compromise astronaut or safety or the integ18 rity of NASA’s other missions; 

19 (4) ensure that, in implementing the provisions 

20 of this section, appropriate inter-agency and com21 mercial collaboration opportunities are sought and 

22 utilized to the maximum feasible extent; 

23 (5) seek opportunities to diversify the flight op24 portunities for scientific Earth science instruments 
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1 and seek innovation in the development of instru2 ments that would enable greater flight opportunities; 

3 (6) develop a long term sustainable relationship 

4 with the United States commercial remote sensing 

5 industry, and, consistent with applicable policies and 

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

7 services; 

8 (7) in conjunction with United States industry 

9 and universities, develop Earth science applications 

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

11 agencies local, and tribal governments that use gov12 ernment and commercial remote sensing capabilities 

13 and other sources of geospatial information to ad14 dress their needs; and 

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

16 object survey program to detect, track, catalogue, 

17 and characterize the physical characteristics of near18 Earth asteroids and comets in order to assess the 

19 threat of such near-Earth objects in impacting the 

20 Earth. Earth; and

21 (9) ensure that, of the amount expended for aero22 nautics, a significant portion is directed toward the 

23 Vehicle System Program, as much of the basic, long24 term, high-risk, and innovative research in aero-
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1 nautical disciplines is performed within that pro2 gram.

3 SEC. 132. BIENNIAL REPORTS TO CONGRESS ON SCIENCE 

4 PROGRAMS. 

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

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

7 Administrator shall transmit a report to the Senate Com8 mittee on Commerce, Science, and Transportation and the 

9 House of Representatives Committee on Science setting 

10 forth in detail—

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

12 assessment of the balance within its science portfolio 

13 and any efforts to adjust that balance among the 

14 major program areas, including the areas referred to 

15 in section 131; 

16 (2) any activities undertaken by the Adminis17 tration to conform with the Sun-Earth science and 

18 applications direction provided in section 131; and 

19 (3) efforts to enhance near-Earth object detec20 tion and observation. 

21 (b) EXTERNAL REVIEW FINDINGS.—The Adminis22 trator shall include in each report submitted under this 

23 section a summary of findings and recommendations from 

24 any external reviews of the Administration’s science mis25 sion priorities and programs. 
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1 SEC. 133. STATUS REPORT ON HUBBLE SPACE TELESCOPE 

2 SERVICING MISSION. 

3 Within 60 days after the landing of the second Space 

4 Shuttle mission for return-to-flight certification, the Ad5 ministrator shall transmit to the Senate Committee on 

6 Commerce, Science, and Transportation and the House of 

7 Representatives Committee on Science a one-time status 

8 report on a Hubble Space Telescope servicing mission. 

9 SEC. 134. DEVELOP EXPANDED PERMANENT HUMAN PRES10 ENCE BEYOND LOW-EARTH ORBIT. 

11 (a) IN GENERAL.—As part of the programs author12 ized under the National Aeronautics and Space Act of 

13 1958 (42 U.S.C. 2451 et seq.), the Administrator shall 

14 establish a program to develop a permanently sustained 

15 human presence on the Moon, in tandem with an extensive 

16 precursor program, to support security, commerce, and 

17 scientific pursuits, and as a stepping-stone to future explo18 ration of Mars. The Administrator is further authorized 

19 to develop and conduct international collaborations in pur20 suit of these goals, as appropriate. 

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

22 the Administrator shall—

23 (1) implement an effective exploration tech24 nology program that is focused around the key needs 

25 to support lunar human and robotic operations; 
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1 (2) as part of NASA’s annual budget submis2 sion, submit to the Congress the detailed mission, 

3 schedule, and budget for key lunar mission-enabling 

4 technology areas, including areas for possible innova5 tive governmental and commercial activities and 

6 partnerships; 

7 (3) as part of NASA’s annual budget submis8 sion, submit to the Congress a plan for NASA’s 

9 lunar robotic precursor and technology programs, in10 cluding current and planned technology investments 

11 and scientific research that support the lunar pro12 gram; and 

13 (4) conduct an intensive in-situ resource utiliza14 tion technology program in order to develop the ca15 pability to use space resources to increase independ16 ence from Earth, and sustain exploration beyond 

17 low-Earth orbit. 

18 SEC. 135. GROUND-BASED ANALOG CAPABILITIES. 

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

20 a ground-based analog capability in remote United States 

21 locations in order to assist in the development of lunar 

22 operations, life support, and in-situ resource utilization ex23 perience and capabilities. 

24 (b) LOCATIONS.—The Administrator shall select loca25 tions for subsection (a) in places that—
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1 (1) are regularly accessible; 

2 (2) have significant temperature extremes and 

3 range; and 

4 (3) have access to energy and natural resources 

5 (including geothermal, permafrost, volcanic, and 

6 other potential resources). 

7 (c) INVOLVEMENT OF LOCAL POPULATIONS; PRI8 VATE SECTOR PARTNERS.—In carrying out this section, 

9 the Administrator shall involve local populations, aca10 demia, and industrial partners as much as possible to en11 sure that ground-based benefits and applications are en12 couraged and developed. 

13 SEC. 136. SPACE LAUNCH AND TRANSPORTATION TRANSI14 TION, CAPABILITIES, AND DEVELOPMENT. 

15 (a) POST-ORBITER TRANSITION.—The Adminis16 trator shall develop an implementation plan for the transi17 tion to a new crew exploration vehicle and heavy-lift 

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

19 and infrastructure of the Space Shuttle to the fullest ex20 tent possible and addresses how NASA will accommodate 

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

22 (b) AUTOMATED RENDEZVOUS AND DOCKING.—The 

23 Administrator is directed to pursue aggressively auto24 mated rendezvous and docking capabilities that can sup25 port ISS and other mission requirements and include 
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1 these activities, progress reports, and plans in the imple2 mentation plan. 

3 (c) CONGRESSIONAL SUBMISSION.—Within 120 days 

4 after the date of enactment of this Act the Administrator 

5 shall submit a copy of the implementation plan to the Sen6 ate Committee on Commerce, Science, and Transportation 

7 and the House of Representatives Committee on Science. 

8 SEC. 137. NATIONAL POLICY FOR AERONAUTICS RESEARCH 

9 AND DEVELOPMENT. 

10 (a) IN GENERAL.—The President, through the Direc11 tor of the Office of Science and Technology Policy, shall 

12 develop, in consultation with NASA and other relevant 

13 Federal agencies, a national aeronautics policy to guide 

14 the aeronautics programs of the United States through the 

15 year 2020. The development of this policy shall utilize ex16 ternal studies that have been conducted on the state of 

17 United States aeronautics and aviation research and have 

18 suggested policies to ensure continued competitiveness. 

19 (b) CONTENT.—At a minimum the national aero20 nautics policy shall describe—

21 (1) national goals for aeronautics research; 

22 (2) the priority areas of research for aero23 nautics through fiscal year 2011; 
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1 (3) the basis of which and the process by which 

2 priorities for ensuing fiscal years will be selected; 

3 and 

4 (4) respective roles and responsibilities of var5 ious Federal agencies in aeronautics research.

6 (c) NATIONAL ASSESSMENT OF AERONAUTICS IN7 FRASTRUCTURE AND CAPABILITIES.—In developing the 

8 national aeronautics policy, the President, through the Di9 rector of the Office of Science and Technology Policy, shall 

10 conduct a national study of government-owned aeronautics 

11 research infrastructure to assess—

12 (1) uniqueness, mission dependency, and indus13 try need; and 

14 (2) the development or initiation of a consoli15 dated national aviation research, development, and 

16 support organization.

17 (d) (c) SCHEDULE.—No later than 1 year after the 

18 date of enactment of this Act, the President’s Science Ad19 visor and the Administrator shall submit the national aer20 onautics policy to the Appropriations Committees of the 

21 House of Representatives and the Senate, the House Com22 mittee on Science, and the Senate Committee on Com23 merce, Science, and Transportation. 
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1 SEC. 138. IDENTIFICATION OF UNIQUE NASA CORE AERO2 NAUTICS RESEARCH. 

3 Within 180 days after the date of enactment of this 

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

5 Committee on Commerce, Science, and Transportation 

6 and the House of Representatives Committee on Science 

7 that assesses the aeronautics research program for its cur8 rent and potential application to new aeronautic and space 

9 vehicles and the unique aeronautical research and associ10 ated capabilities that must be retained and supported by 

11 NASA to further space exploration and support United 

12 States economic competitiveness. 

13 SEC 139. LESSONS LEARNED AND BEST PRACTICES 

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

15 an implementation plan describing NASA’s approach for 

16 obtaining, implementing, and sharing lessons learned and 

17 best practices for its major programs and projects within 

18 180 days after the date of enactment of this Act. The im19 plementation plan shall be updated and maintained to as20 sure that it is current and consistent with the burgeoning 

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

22 (b) REQUIRED CONTENT.—The implementation plan 

23 shall contain as a minimum the lessons learned and best 

24 practices requirements for NASA, the organizations or po25 sitions responsible for enforcement of the requirements, 
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1 the reporting structure, and the objective performance 

2 measures indicating the effectiveness of the activity. 

3 (c) INCENTIVES.—The Administrator shall provide 

4 incentives to encourage sharing and implementation of les5 sons learned and best practices by employees, projects, 

6 and programs; as well as penalties for programs and 

7 projects that are determined not to have demonstrated use 

8 of those resources. 

9 SEC. 140. SAFETY MANAGEMENT. 

10 Section 6 of the National Aeronautics and Space Ad11 ministration Authorization Act, 1968 (42 U.S.C. 2477) is 

12 amended—

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

14 ‘‘There’’; 

15 (2) by striking ‘‘to it’’ and inserting ‘‘to it, in16 cluding evaluating NASA’s compliance with the re17 turn-to-flight and continue-to-fly recommendations 

18 of the Columbia Accident Investigation Board,’’; 

19 (3) by inserting ‘‘and the Congress’’ after ‘‘ad20 vise the Administrator’’; 

21 (4) by striking ‘‘and with respect to the ade22 quacy of proposed or existing safety standards and 

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

24 of proposed or existing safety standards, and with 
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1 respect to management and culture. The Panel shall 

2 also’’; and 

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

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

5 annual report to the Administrator and to the Congress. 

6 In the first annual report submitted after the date of en7 actment of the National Aeronautics and Space Adminis8 tration Authorization Act of 2005, the Panel shall include 

9 an evaluation of NASA’s safety management culture. 

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

11 the Congress that the Administrator should—

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

13 safety concerns without fear of reprisal; 

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

15 the Columbia Accident Investigation Board for safe16 ly returning and continuing to fly; and 

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

18 to time of NASA’s progress in meeting those rec19 ommendations.’’. 

20 SEC. 141. CREATION OF A BUDGET STRUCTURE THAT AIDS 

21 EFFECTIVE OVERSIGHT AND MANAGEMENT. 

22 In developing NASA’s budget request for inclusion in 

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

24 thereafter, the Administrator shall—

25 (1) include line items for—
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1 (A) science, aeronautics, and exploration; 

2 (B) exploration capabilities; and 

3 (C) the Office of the Inspector General; 

4 (2) enumerate separately, within the science, 

5 aeronautics, and exploration account, the requests 

6 for—

7 (A) space science; 

8 (B) Earth science; and 

9 (C) aeronautics; 

10 (3) include, within the exploration capabilities 

11 account, the requests for—

12 (A) the Space Shuttle; and 

13 (B) the ISS; and 

14 (4) enumerate separately the specific request 

15 for the independent technical authority within the 

16 appropriate account. 

17 SEC. 142. EARTH OBSERVING SYSTEM. 

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

19 of enactment of this Act, the Administrator, in consulta20 tion with the Administrator of the National Oceanic and 

21 Atmospheric Administration and the Director of the 

22 United States Geological Survey, shall submit a plan to 

23 the Senate Committee on Commerce, Science, and Trans24 portation and the House of Representatives Committee on 
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1 Science to ensure the long-term vitality of the earth ob2 serving system at NASA. 

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

4 (1) address such issues as—

5 (A) out-year budgetary projections; 

6 (B) technical requirements for the system; 

7 and 

8 (C) integration into the Global Earth Ob9 serving System of Systems; and 

10 (2) evaluate—

11 (A) the need to proceed with any NASA 

12 missions that have been delayed or canceled; 

13 (B) plans for transferring needed capabili14 ties from some canceled or de-scoped missions 

15 to the National Polar-orbiting Environmental 

16 Satellite System; 

17 (C) the technical base for exploratory earth 

18 observing systems; systems, including new sat19 ellite architectures and instruments that enable 

20 global coverage, all-weather, day and night im21 aging of the Earth’s surface features; 

22 (D) the need to strengthen research and 

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

2 obtaining important climate observations and 

3 data records. 

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

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

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

9 SEC. 143. NASA HEALTHCARE PROGRAM. 

10 The Administrator shall develop policies, procedures, 

11 and plans necessary for—

12 (1) the establishment of a lifetime healthcare pro13 gram for NASA astronauts and their families; and 

14 (2) the study and analysis of the healthcare data 

15 obtained in order to understand the longitudinal 

16 health effects of space flight on humans better. 

17 SEC. 144. ASSESSMENT OF EXTENSION OF DATA COLLEC18 TION FROM ULYSSES AND VOYAGER SPACE19 CRAFT. 

20 (a) ASSESSMENT.—Not later than 60 days after the 

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

22 carry out an assessment of the costs and benefits of extend23 ing, to such date as the Administrator considers appro24 priate for purposes of the assessment, the date of the termi-
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1 nation of data collection from the Ulysses spacecraft and 

2 the Voyager spacecraft. 

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

4 the assessment required by subsection (a), the Administrator 

5 shall submit a report on the assessment to the Senate Com6 mittee on Commerce, Science, and Transportation and the 

7 House of Representatives Committee on Science. 

8 SEC. 145. PROGRAM TO EXPAND DISTANCE LEARNING IN 

9 RURAL UNDERSERVED AREAS. 

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

11 expand programs to extend science and space educational 

12 outreach to rural communities and schools through video 

13 conferencing, interpretive exhibits, teacher education, class14 room presentations, and student field trips. 

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

16 Administrator shall give priority to existing programs, 

17 includng Challenger Learning Centers—

18 (1) that utilize community-based partnerships in 

19 the field; 

20 (2) that build and maintain video conference 

21 and exhibit capacity; 

22 (3) that travel directly to rural communities and 

23 serve low-income populations; and 
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1 (4) with a special emphasis on increasing the 

2 number of women and minorities in the science and 

3 engineering professions. 

4 SEC. 146. INSTITUTIONS IN NASA’S MINORITY INSTITU5 TIONS PROGRAM. 

6 The matter appearing under the heading ‘‘SMALL AND

7 DISADVANTAGED BUSINESS’’ in title III of the Departments 

8 of Veterans Affairs and House and Urban Development, 

9 and Independent Agencies Appropriations Act, 1990 (42 

10 U.S.C. 2473b; 103 Stat. 863) is amended by striking ‘‘His11 torically Black Colleges and Universities and’’ and insert12 ing ‘‘Historically Black Colleges and Universities that are 

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

14 Higher Education Act of 1965 (20 U.S.C. 1061(2))), His15 panic-serving institutions (as defined in section 502(a)(5) 

16 of that Act (20 U.S.C. 1101a(a)(5)), Tribal Colleges or Uni17 versities (as defined in section 316(b)(3) of that Act (20 

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

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

20 1059d)(b)(2)), Native Hawaiian-serving institutions (as de21 fined in section 317(b)(4) of that Act (20 U.S.C. 

22 1059d(b)(4)), and’’. 

23 SEC. 147. AVIATION SAFETY PROGRAM. 

24 The Administrator shall make available upon request 

25 satellite imagery of remote terrain to the Administrator of 
26

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1 the Federal Aviation Administration, or the Director of the 

2 Five Star Medallion Program, for aviation safety and aer3 ial photography programs to assist and train pilots in 

4 navigating challenging topographical features of such ter5 rain. 

6 SEC. 148. ATMOSPHERIC, GEOPHYSICAL, AND ROCKET RE7 SEARCH AUTHORIZATION. 

8 There are authorized to be appropriated to the Admin9 istrator for atmospheric, geophysical, or rocket research at 

10 the Poker Flat Research Range and the Kodiak Launch 

11 Complex, not more than $1,000,000 for each of fiscal years 

12 2006 through 2010. 

13 SEC. 149. ORBITAL DEBRIS. 

14 The Administrator, in conjunction with the heads of 

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

16 technologies that will enable NASA to decrease the risks as17 sociated with orbital debris. 

18 SEC. 150. CONTINUATION OF CERTAIN EDUCATIONAL PRO19 GRAMS. 

20 From amounts appropriated to NASA for educational 

21 programs, the Administrator shall ensure continuation of 

22 the Space Grant Program, the Experimental Program to 

23 Stimulate Competitive Research, and the NASA Explorer 

24 School to motivate and develop the next generation of ex25 plorers. 
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1 SEC. 151. ESTABLISHMENT OF THE CHARLES ‘‘PETE’’

2 CONRAD ASTRONOMY AWARDS PROGRAM. 

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

4 a program to be known as the Charles ‘‘Pete’’ Conrad As5 tronomy Awards Program. 

6 (b) AWARDS.—The Administrator shall make an an7 nual award under the program of—

8 (1) $3,000 to the amateur astronomer or group 

9 of amateur astronomers who in the preceding cal10 endar year discovered the intrinsically brightest near11 Earth asteroid among the near-Earth asteroids that 

12 were discovered during that year by amateur astrono13 mers or groups of amateur astronomers; and 

14 (2) $3,000 to the amateur astronomer or group 

15 of amateur astronomers who made the greatest con16 tribution to the Minor Planet Center’s mission of cat17 aloging near-Earth asteroids during the preceding 

18 year. 

19 (c) QUALIFICATION FOR AWARD.— 

20 (1) RECOMMENDATION.—These awards shall be 

21 made based on the recommendation of the Minor 

22 Planet Center of the Smithsonian Astrophysical Ob23 servatory. 

24 (2) LIMITATION.—No individual who is not a 

25 citizen or permanent resident of the United States at 
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1 the time of that individual’s discovery or contribution 

2 may receive an award under this program. 

3 SEC. 152. GAO ASSESSMENT OF FEASIBILITY OF MOON AND 

4 MARS EXPLORATION MISSIONS. 

5 Within 9 months after the date of enactment of this 

6 Act, the Comptroller General shall transmit to the Senate 

7 Committee on Commerce, Science, and Transportation and 

8 the House of Representatives Committee on Science an as9 sessment of the feasibility of NASA’s planning for explo10 ration of the Moon and Mars, giving special consideration 

11 to the long-term cost implications of program architecture 

12 and schedules.

13 Subtitle C—Limitations and 

14 Special Authority 

15 SEC. 161. OFFICIAL REPRESENTATIONAL FUND. 

16 Amounts appropriated pursuant to paragraphs (1) 

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

18 $70,000, for official reception and representation ex19 penses. 

20 SEC. 162. FACILITIES MANAGEMENT. 

21 (a) IN GENERAL.—Notwithstanding any other provi22 sion of law, the Administrator may convey, by sale, lease, 

23 exchange, or otherwise, including through leaseback ar24 rangements, real and related personal property under the 

25 custody and control of the Administration, or interests 
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1 therein, and retain the net proceeds of such dispositions 

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

3 used for NASA’s real property capital needs. All net pro4 ceeds realized under this section shall be obligated or ex5 pended only as authorized by appropriations Acts. To aid 

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

7 investment plan that takes into account uniqueness, mis8 sion dependency, and other studies required by this Act. 

9 (b) APPLICATION OF OTHER LAW.—Sales trans10 actions under this section are subject to section 501 of 

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

12 11411). 

13 (c) NOTICE OF REPROGRAMMING.—If any funds au14 thorized by this Act are subject to a reprogramming action 

15 that requires notice to be provided to the Appropriations 

16 Committees of the House of Representatives and the Sen17 ate, notice of such action shall concurrently be provided 

18 to the House of Representatives Committee on Science 

19 and the Senate Committee on Commerce, Science, and 

20 Transportation. 

21 (d) DEFINITIONS.—In this section: 

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

23 means the rental and other sums received less the 

24 costs of the disposition. 
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1 (2) REAL PROPERTY CAPITAL NEEDS.—The 

2 term ‘‘real property capital needs’’ means any ex3 penses necessary and incident to the agency’s real 

4 property capital acquisitions, improvements, and dis5 positions. 

6 TITLE II—INTERNATIONAL 

7 SPACE STATION 

8 SEC. 201. INTERNATIONAL SPACE STATION COMPLETION. 

9 (a) ELEMENTS, CAPABILITIES, AND CONFIGURATION

10 CRITERIA.—The Administrator shall ensure that the ISS 

11 will be able to—

12 (1) fulfill international partner agreements and 

13 provide a diverse range of research capacity, includ14 ing a high rate of human biomedical research proto15 cols, countermeasures, applied bio-technologies, tech16 nology and exploration research, and other priority 

17 areas; 

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

19 least 6 persons; 

20 (3) support crew exploration vehicle docking 

21 and automated docking of cargo vehicles or modules 

22 launched by either heavy-lift or commercially-devel23 oped launch vehicles; and 

24 (4) be operated at an appropriate risk level. 
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1 (b) CONTINGENCY PLAN.—The transportation plan 

2 to support ISS shall include contingency options to ensure 

3 sufficient logistics and on-orbit capabilities to support any 

4 potential hiatus between Space Shuttle availability and fol5 low-on crew and cargo systems, and provide sufficient pre6 positioning of spares and other supplies needed to accom7 modate any such hiatus. 

8 (c) CERTIFICATION.—Within 180 60 days after the 

9 date of enactment of this Act, and before making any 

10 change in the ISS assembly sequence in effect on the date 

11 of enactment of this Act, the Administrator shall certify 

12 in writing to the Senate Committee on Commerce, Science, 

13 and Transportation and the House of Representatives 

14 Committee on Science NASA’s plan to meet the require15 ments of subsections (a) and (b). 

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

17 months after the date of enactment of this Act, the Ad18 ministrator shall submit to the Congress information per19 taining to the impact of the Columbia accident and the 

20 implementation of full cost accounting on the development 

21 costs of the International Space Station. The Adminis22 trator shall also identify any statutory changes needed to 

23 section 202 of the NASA Authorization Act of 2000 to 

24 address those impacts. 
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1 SEC. 202. RESEARCH AND SUPPORT CAPABILITIES ON 

2 INTERNATIONAL SPACE STATION. 

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

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

5 of this Act, provide an assessment of biomedical and 

6 life science research planned for implementation 

7 aboard the ISS that includes the identification of re8 search which can be performed in ground-based fa9 cilities and then, if appropriate, validated in space to 

10 the Senate Committee on Commerce, Science, and 

11 Transportation and the House of Representatives 

12 Committee on Science; 

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

14 research leading to spaceflight of scientific research 

15 in a variety of disciplines with potential direct na16 tional benefits and applications that can advance 

17 significantly from the uniqueness of micro-gravity; 

18 (3) restore and protect such potential ISS re19 search activities as molecular crystal growth, animal 

20 research, basic fluid physics, combustion research, 

21 cellular biotechnology, low temperature physics, and 

22 cellular research at a level which will sustain the ex23 isting scientific expertise and research capabilities 

24 until such time as additional funding or resources 

25 from sources other than NASA can be identified to 

26 support these activities within the framework of the 
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1 National Laboratory provided for in section 203 of 

2 this Act; and 

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

4 of this Act, develop a research plan that will dem5 onstrate the process by which NASA will evolve the 

6 ISS research portfolio in a manner consistent with 

7 the planned growth and evolution of ISS on-orbit 

8 and transportation capabilities. 

9 (b) MAINTENANCE OF ON-ORBIT ANALYTICAL CAPA10 BILITIES.—The Administrator shall ensure that on-orbit 

11 analytical capabilities to support diagnostic human re12 search, as well as on-orbit characterization of molecular 

13 crystal growth, cellular research, and other research prod14 ucts and results are developed and maintained, as an al15 ternative to Earth-based analysis requiring the capability 

16 of returning research products to Earth. 

17 (c) ASSESSMENT OF POTENTIAL SCIENTIFIC

18 USES.—The Administrator shall assess further potential 

19 possible scientific uses of the ISS for other applications, 

20 such as technology development, development of manufac21 turing processes, Earth observation and characterization, 

22 and astronomical observations. 

23 (d) TRANSITION TO PUBLIC-PRIVATE RESEARCH OP24 ERATIONS.—By no later than the date on which the as25 sembly of the ISS is complete (as determined by the Ad-
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1 ministrator), the Administrator shall initiate steps to tran2 sition research operations on the ISS to a greater private–

3 public operating relationship pursuant to section 203 of 

4 this Act. 

5 SEC. 203. NATIONAL LABORATORY STATUS FOR INTER6 NATIONAL SPACE STATION. 

7 (a) IN GENERAL.—In order to accomplish the objec8 tives listed in section 202, the United States segment of 

9 the ISS is hereby designated a national laboratory facility. 

10 The Administrator, after consultation with the Director 

11 of the Office of Science and Technology Policy, shall de12 velop the national laboratory facility to oversee scientific 

13 utilization of an ISS national laboratory within the organi14 zational structure of NASA. 

15 (b) NATIONAL LABORATORY FUNCTIONS.—The Ad16 ministrator shall seek to use the national laboratory to in17 crease the utilization of the ISS by other national and 

18 commercial users and to maximize available NASA fund19 ing for research through partnerships, cost-sharing agree20 ments, and arrangements with non-NASA entities. 

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

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

23 provide an implementation plan to the Senate Committee 

24 on Commerce, Science, and Transportation and the House 

25 of Representatives Committee on Science for establish-
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1 ment of the ISS national laboratory facility which, at a 

2 minimum, shall include—

3 (1) proposed on-orbit laboratory functions; 

4 (2) proposed ground-based laboratory facilities; 

5 (3) detailed laboratory management structure, 

6 concept of operations, and operational feasibility; 

7 (4) detailed plans for integration and conduct 

8 of ground and space-based research operations; 

9 (5) description of funding and workforce re10 source requirements necessary to establish and oper11 ate the laboratory; 

12 (6) plans for accommodation of existing inter13 national partner research obligations and commit14 ments; and 

15 (7) detailed outline of actions and timeline nec16 essary to implement and initiate operations of the 

17 laboratory. 

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

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

20 elements of the ISS manufactured—

21 (1) by the United States; or 

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

23 exchange for funds or launch services. 
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1 SEC. 204. COMMERCIAL SUPPORT OF INTERNATIONAL 

2 SPACE STATION OPERATIONS AND UTILIZA3 TION. 

4 The Administrator shall purchase commercial serv5 ices for support of the ISS for cargo and other needs 

6 needs, and for enhancement of the capabilities of the ISS, 

7 to the maximum extent possible, in accordance with Fed8 eral procurement law. 

9 SEC. 205. USE OF THE INTERNATIONAL SPACE STATION 

10 AND ANNUAL REPORT. 

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

12 (1) to ensure diverse and growing utilization of 

13 benefits from the ISS; and 

14 (2) to increase commercial operations in low15 Earth orbit and beyond that are supported by na16 tional and commercial space transportation capabili17 ties. 

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

19 Administrator shall conduct broadly focused scientific and 

20 exploration research and development activities using the 

21 ISS in a manner consistent with the provisions of this 

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

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

24 operations, engineering, and scientific research. 

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

26 the Administrator shall submit a report to the Senate 
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1 Committee on Commerce, Science, and Transportation 

2 and the House of Representatives Committee on Science 

3 on the use of the ISS for these purposes, with implementa4 tion milestones and associated results. 

5 TITLE III—NATIONAL SPACE 

6 TRANSPORTATION POLICY 

7 SEC. 301. UNITED STATES HUMAN-RATED LAUNCH CAPAC8 ITY ASSESSMENT. 

9 Notwithstanding any other provision of law, the Ad10 ministrator shall, within 60 days after the date of enact11 ment of this Act, provide to the Senate Committee on 

12 Commerce, Science, and Transportation and the House of 

13 Representatives Committee on Science, a full description 

14 of the transportation requirements needed to support the 

15 space launch and transportation transition implementa16 tion plan required by section 136 of this Act, as well as 

17 for the ISS, including—

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

19 proposed human-rated crew and launch vehicles 

20 meet the requirements of the implementation plan 

21 under section 136 of this Act; 

22 (2) a retention plan of skilled personnel from 

23 the legacy Shuttle program which will sustain the 

24 level of safety for that program through the final 

25 flight and transition plan that will ensure that any 
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1 NASA programs can utilize the human capital re2 sources of the Shuttle program, to the maximum ex3 tent practicable; 

4 (3) the implications for and impact on the Na5 tion’s aerospace industrial base; 

6 (4) the manner in which the proposed vehicles 

7 contribute to a national mixed fleet launch and flight 

8 capacity; 

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

10 the Space Shuttle to the workforce, the proposed ve11 hicles, and any related infrastructure; 

12 (6) support for ISS crew transportation, ISS 

13 utilization, and lunar exploration architecture; 

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

15 system, as well as substantial protection against or16 bital debris strikes that offers a high level of safety; 

17 (8) development risk areas; 

18 (9) the schedule and cost; 

19 (10) the relationship between crew and cargo 

20 capabilities; and 

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

22 of currently qualified hardware. 

23 SEC. 302. SPACE SHUTTLE TRANSITION. 

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

25 human access to space, the Administrator may not retire 
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1 the Space Shuttle orbiter until a replacement human-rated 

2 spacecraft system has demonstrated that it can take hu3 mans into Earth orbit and return them safely, except as 

4 may be provided by law enacted after the date of enact5 ment of this Act. The Administrator shall conduct the 

6 transition from the Space Shuttle orbiter to a replacement 

7 capability in a manner that uses the personnel, capabili8 ties, assets, and infrastructure of the current Space Shut9 tle program to the maximum extent feasible. 

10 (b) REPORT.—After providing the information re11 quired by section 301 to the Committees, the Adminis12 trator shall transmit a report to the Senate Committee 

13 on Commerce, Science, and Transportation and the House 

14 of Representatives Committee on Science containing a de15 tailed and comprehensive Space Shuttle transition plan 

16 that includes any necessary recertification, including re17 quirements, assumptions, and milestones, in order to uti18 lize the Space Shuttle orbiter beyond calendar year 2010. 

19 (c) CONTRACT TERMINATIONS; VENDOR REPLACE20 MENTS.—The Administrator may not terminate any con21 tracts nor replace any vendors associated with the Space 

22 Shuttle until the Administrator transmits the report re23 quired by subsection (b) to the Committees. 
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1 SEC. 303. COMMERCIAL LAUNCH VEHICLES. 

2 It is the sense of Congress that the Administrator 

3 should use current and emerging commercial launch vehi4 cles to fulfill appropriate mission needs, including the sup5 port of low-Earth orbit and lunar exploration operations. 

6 SEC. 304. SECONDARY PAYLOAD CAPABILITY. 

7 In order to help develop a cadre of experienced engi8 neers and to provide more routine and affordable access 

9 to space, the Administrator shall provide the capabilities 

10 to support secondary payloads on United States launch 

11 vehicles, including free flyers, for satellites or scientific 

12 payloads weighing less than 500 kilograms. 

13 TITLE IV—ENABLING 

14 COMMERCIAL ACTIVITY 

15 SEC. 401. COMMERCIALIZATION PLAN. 

16 (a) IN GENERAL.—The Administrator, in consulta17 tion with the Associate Administrator for Space Transpor18 tation of the Federal Aviation Administration, the Direc19 tor of the Office of Space Commercialization of the De20 partment of Commerce, and any other relevant agencies, 

21 shall develop a commercialization plan to support the 

22 human missions to the Moon and Mars, to support Low23 Earth Orbit activities and Earth science mission and ap24 plications, and to transfer science research and technology 

25 to society. The plan shall identify opportunities for the pri26 vate sector to participate in the future missions and activi-
41

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1 ties, including opportunities for partnership between 

2 NASA and the private sector in the development of tech3 nologies and services. services, shall emphasize the utiliza4 tion by NASA of advancements made by the private sector 

5 in space launch and orbital hardware, and shall include 

6 opportunities for innovative collaborations between NASA 

7 and the private sector under existing authorities of NASA 

8 for reimbursable and non-reimbursable agreements under 

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

10 2451 et seq.).

11 (b) REPORT.—Within 180 days after the date of en12 actment of this Act, the Administrator shall submit a copy 

13 of the plan to the Senate Committee on Commerce, 

14 Science, and Transportation and the House of Represent15 atives Committee on Science. 

16 SEC. 402. AUTHORITY FOR COMPETITIVE PRIZE PROGRAM 

17 TO ENCOURAGE DEVELOPMENT OF AD18 VANCED SPACE AND AERONAUTICAL TECH19 NOLOGIES. 

20 Title III of the National Aeronautics and Space Act 

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

22 at the end the following: 
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1 ‘‘SEC. 316. PROGRAM ON COMPETITIVE AWARD OF PRIZES 

2 TO ENCOURAGE DEVELOPMENT OF AD3 VANCED SPACE AND AERONAUTICAL TECH4 NOLOGIES. 

5 ‘‘(a) PROGRAM AUTHORIZED.—

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

7 carry out a program to award prizes to stimulate in8 novation in basic and applied research, technology 

9 development, and prototype demonstration that have 

10 the potential for application to the performance of 

11 the space and aeronautical activities of the Adminis12 tration. 

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

14 out the program, the Administrator shall seek to de15 velop and support technologies and areas identified 

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

17 Administrator determines to be providing impetus to 

18 NASA’s overall exploration and science architecture 

19 and plans, such as private efforts to detect near 

20 Earth objects and, where practicable, utilize the 

21 prize winner’s technologies in fulfilling NASA’s mis22 sions. The Administrator shall widely advertise any 

23 competitions conducted under the program and must 

24 include advertising to research universities. 

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

26 implemented in compliance with section 138 of the 
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1 National Aeronautics and Space Administration Au2 thorization Act of 2005. 

3 ‘‘(b) PROGRAM REQUIREMENTS.—

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

5 prizes under the program under this section shall be 

6 selected through one or more competitions conducted 

7 by the Administrator. 

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

9 widely advertise any competitions conducted under 

10 the program. 

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

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

13 of a prize in a competition under the program under 

14 this section shall register for the competition. 

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

16 a competition under paragraph (1), a potential re17 cipient of a prize shall assume any and all risks, and 

18 waive claims against the United States Government 

19 and its related entities, for any injury, death, dam20 age, or loss of property, revenue, or profits, whether 

21 direct, indirect, or consequential, arising from par22 ticipation in the competition, whether such injury, 

23 death, damage, or loss arises through negligence or 

24 otherwise, except in the case of willful misconduct. 
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1 ‘‘(3) RELATED ENTITY DEFINED.—In this sub2 section, the term ‘related entity’ includes a con3 tractor or subcontractor at any tier, a supplier, user, 

4 customer, cooperating party, grantee, investigator, 

5 or detailee. 

6 ‘‘(d) LIMITATIONS.—

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

8 cash prizes available for award in competitions 

9 under the program under this section in any fiscal 

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

11 ‘‘(2) APPROVAL REQUIRED FOR LARGE

12 PRIZES.—No competition under the program may 

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

14 prizes without the approval of the Administrator or 

15 a designee of the Administrator. 

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

17 Administrator may utilize the authority in this section in 

18 conjunction with or in addition to the utilization of any 

19 other authority of the Administrator to acquire, support, 

20 or stimulate basic and applied research, technology devel21 opment, or prototype demonstration projects. 

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

23 for the program authorized by this section shall remain 

24 available until expended.’’. 
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1 SEC. 403. COMMERCIAL GOODS AND SERVICES. 

2 It is the sense of the Congress that NASA should 

3 purchase commercially available space goods and services 

4 to the fullest extent feasible in support of the human mis5 sions beyond Earth and should encourage commercial use 

6 and development of space to the greatest extent prac7 ticable. 

8 TITLE V—MISCELLANEOUS AD9 MINISTRATIVE IMPROVE10 MENTS 

11 SEC. 501. EXTENSION OF INDEMNIFICATION AUTHORITY. 

12 Section 309 of the National Aeronautics and Space 

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

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

15 2007’’, and by striking ‘‘September 30, 2005’’ and insert16 ing ‘‘December 31, 2009’’. 

17 SEC. 502. INTELLECTUAL PROPERTY PROVISIONS. 

18 Section 305 of the National Aeronautics and Space 

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

20 (42 U.S.C. 2457) is amended by inserting after subsection 

21 (f) the following: 

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

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

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

25 203(c) of this Act (42 U.S.C. 2473(c)(5) or (6)), the 

26 Administrator may—
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1 ‘‘(A) grant or agree to grant in advance to 

2 a participating party, patent licenses or assign3 ments, or options thereto, in any invention 

4 made in whole or in part by an Administration 

5 employee under the agreement; or 

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

7 grant a license to an invention which is Feder8 ally owned, for which a patent application was 

9 filed before the signing of the agreement, and 

10 directly within the scope of the work under the 

11 agreement, for reasonable compensation when 

12 appropriate. 

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

14 ensure, through such agreement, that the partici15 pating party has the option to choose an exclusive 

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

17 invention under the agreement or, if there is more 

18 than 1 participating party, that the participating 

19 parties are offered the option to hold licensing rights 

20 that collectively encompass the rights that would be 

21 held under such an exclusive license by one party. 

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

23 Government’s contribution under the agreement, 

24 grants under this subsection shall be subject to the 

25 following explicit conditions: 
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1 ‘‘(A) A nonexclusive, nontransferable, ir2 revocable, paid-up license from the participating 

3 party to the Administration to practice the in4 vention or have the invention practiced through5 out the world by or on behalf of the Govern6 ment. In the exercise of such license, the Gov7 ernment shall not publicly disclose trade secrets 

8 or commercial or financial information that is 

9 privileged or confidential within the meaning of 

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

11 Code, or which would be considered as such if 

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

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

14 grants an exclusive license to such an invention, 

15 the Government shall retain the right— 

16 ‘‘(i) to require the participating party 

17 to grant to a responsible applicant a non18 exclusive, partially exclusive, or exclusive 

19 license to use the invention in the appli20 cant’s licensed field of use, on terms that 

21 are reasonable under the circumstances; or 

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

23 grant such a license, to grant the license 

24 itself. 
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1 ‘‘(C) The Government may exercise its 

2 right retained under subparagraph (B) only in 

3 exceptional circumstances and only if the Gov4 ernment determines that—

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

6 health or safety needs that are not reason7 ably satisfied by the participating party; 

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

9 requirements for public use specified by 

10 Federal regulations, and such requirements 

11 are not reasonably satisfied by the partici12 pating party; or 

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

14 with an agreement containing provisions 

15 described in section 12(c)(4)(B) of the Ste16 venson-Wydler Technology Innovation Act 

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

18 ‘‘(4) APPEAL AND REVIEW OF DETERMINA19 TION.—A determination under paragraph 

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

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

22 United States Code.’’. 
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1 SEC. 503. RETROCESSION OF JURISDICTION. 

2 Title III of the National Aeronautics and Space Act 

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

4 amended by adding at the end the following: 

5 ‘‘SEC. 317. RETROCESSION OF JURISDICTION. 

6 ‘‘Notwithstanding any other provision of law, the Ad7 ministrator may, whenever the Administrator considers it 

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

9 jurisdiction of the United States over lands or interests 

10 under the Administrator’s control in that State. Relin11 quishment of legislative jurisdiction under this section 

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

13 the State concerned a notice of relinquishment to take ef14 fect upon acceptance thereof, or (2) as the laws of the 

15 State may otherwise provide.’’. 

16 SEC. 504. RECOVERY AND DISPOSITION AUTHORITY. 

17 Title III of the National Aeronautics and Space Act 

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

19 amended by adding at the end the following: 

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

21 ‘‘(a) IN GENERAL.—

22 ‘‘(1) CONTROL OF REMAINS.—Subject to para23 graph (2), when there is an accident or mishap re24 sulting in the death of a crewmember of a NASA 

25 human space flight vehicle, the Administrator may 

26 take control over the remains of the crewmember 
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1 and order autopsies and other scientific or medical 

2 tests. 

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

4 provide the Administrator with his or her pref5 erences regarding the treatment accorded to his or 

6 her remains and the Administrator shall, to the ex7 tent possible, respect those stated preferences. 

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

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

10 means an astronaut or other person assigned to a 

11 NASA human space flight vehicle. 

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

13 The term ‘NASA human space flight vehicle’ means 

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

15 that—

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

17 persons; 

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

19 and 

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

21 by a NASA contractor or cooperating party and 

22 operated as part of a NASA mission or a joint 

23 mission with NASA.’’. 
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1 SEC. 505. REQUIREMENT FOR INDEPENDENT COST ANAL2 YSIS. 

3 Section 301 of the National Aeronautics and Space 

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

5 2459g) amended—

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

7 inserting ‘‘implementation’’;

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

9 (a) and inserting ‘‘$250,000,000’’;

10 (3) (2) by striking ‘‘Chief Financial Officer’’ 

11 each place it appears in subsection (a) and inserting 

12 ‘‘Administrator’’; 

13 (4) (3) by inserting ‘‘and consider’’ in sub14 section (a) after ‘‘shall conduct’’; and 

15 (5) (4) by striking subsection (b) and inserting 

16 the following: 

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

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

19 cycle of a program or project after preliminary design, 

20 independent assessment of the preliminary design, and ap21 proval to proceed into implementation, including critical 

22 design, development, certification, launch, operations, dis23 posal of assets, and, for technology programs, develop24 ment, testing, analysis and communication of the results 

25 to the customers.’’. 
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1 SEC. 506. ELECTRONIC ACCESS TO BUSINESS OPPORTUNI2 TIES. 

3 Title III of the National Aeronautics and Space Act 

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

5 amended by adding at the end the following: 

6 ‘‘SEC. 319. ELECTRONIC ACCESS TO BUSINESS OPPORTUNI7 TIES. 

8 ‘‘(a) IN GENERAL.—The Administrator may imple9 ment a pilot program providing for reduction in the wait10 ing period between publication of notice of a proposed con11 tract action and release of the solicitation for procure12 ments conducted by the National Aeronautics and Space 

13 Administration. 

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

15 under subsection (a) shall apply to non-commercial acqui16 sitions—

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

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

19 ‘‘(2) that do not involve bundling of contract re20 quirements as defined in section 3(o) of the Small 

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

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

23 8(e) of the Small Business Act (15 U.S.C. 637(e)) 

24 and section 18(a) of the Office of Federal Procure25 ment Policy Act (41 U.S.C. 416(a)). 

26 ‘‘(c) NOTICE.— 
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1 ‘‘(1) Notice of acquisitions subject to the pro2 gram authorized by this section shall be made acces3 sible through the single Government-wide point of 

4 entry designated in the Federal Acquisition Regula5 tion, consistent with section 30(c)(4) of the Office of 

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

7 426(c)(4)). 

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

9 with paragraph (1) satisfies the publication require10 ments of section 8(e) of the Small Business Act (15 

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

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

13 ‘‘(d) SOLICITATION.—Solicitations subject to the pro14 gram authorized by this section shall be made accessible 

15 through the Government-wide point of entry, consistent 

16 with requirements set forth in the Federal Acquisition 

17 Regulation, except for adjustments to the wait periods as 

18 provided in subsection (e). 

19 ‘‘(e) WAIT PERIOD.— 

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

21 8(e)(1)(A) of the Small Business Act (15 U.S.C. 

22 637(e)(1)(A)) and section 18(a) of the Office of 

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

24 is made accessible in accordance with subsection (c) 

25 of this section, the wait period set forth in section 
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1 8(e)(3)(A) of the Small Business Act (15 U.S.C. 

2 637(e)(3)(A)) and section 18(a)(3)(A) of the Office 

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

4 416(a)(3)(A)), shall be reduced by 5 days. If the so5 licitation applying to that notice is accessible elec6 tronically in accordance with subsection (d) simulta7 neously with issuance of the notice, the wait period 

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

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

10 18(a)(3)(A) of the Office of Federal Procurement 

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

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

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

14 Office of Federal Procurement Policy Act for sub15 mission of bids or proposals shall begin to run from 

16 the date the solicitation is electronically accessible. 

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

18 accessible simultaneously and the wait period is 

19 waived pursuant to paragraph (1), the deadline for 

20 the submission of bids or proposals shall be not less 

21 than 5 days greater than the minimum deadline set 

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

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

24 18(a)(3)(B) of the Office of Federal Procurement 

25 Policy Act (41 U.S.C. 416(a)(3)(B)). 
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1 ‘‘(f) IMPLEMENTATION.— 

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

3 as modifying regulatory requirements set forth in 

4 the Federal Acquisition Regulation, except with re5 spect to—

6 ‘‘(A) the applicable wait period between 

7 publication of notice of a proposed contract ac8 tion and release of the solicitation; and 

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

10 proposals for procurements conducted in ac11 cordance with the terms of this pilot program. 

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

13 the President determines it is inconsistent with any 

14 international agreement to which the United States 

15 is a party. 

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

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

18 Small Business Administration, the General Services Ad19 ministration, and the Office of Management and Budget, 

20 shall evaluate the impact of the pilot program and submit 

21 to Congress a report that—

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

23 including the impact on competition and small busi24 ness participation; and 
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1 ‘‘(2) addresses whether the pilot program 

2 should be made permanent, continued as a test pro3 gram, or allowed to expire. 

4 ‘‘(h) REGULATIONS.—The Administrator shall pub5 lish proposed revisions to the NASA Federal Acquisition 

6 Regulation Supplement necessary to implement this sec7 tion in the Federal Register not later than 120 days after 

8 the date of enactment of the National Aeronautics and 

9 Space Administration Authorization Act of 2005. The Ad10 ministrator shall—

11 ‘‘(1) make the proposed regulations available 

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

13 days; and 

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

15 Register not later than 240 days after the date of 

16 enactment of that Act. 

17 ‘‘(i) EFFECTIVE DATE.— 

18 ‘‘(1) IN GENERAL.—The pilot program author19 ized by this section shall take effect on the date 

20 specified in the final regulations promulgated pursu21 ant to subsection (h)(2). 

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

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

24 final regulation is published. 
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1 ‘‘(j) EXPIRATION OF AUTHORITY.—The authority to 

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

3 award contracts under such program shall expire 2 years 

4 after the effective date established in the final regulations 

5 published in the Federal Register under subsection 

6 (h)(2).’’. 

7 SEC. 507. REPORTS ELIMINATION. 

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

9 repealed: 

10 (1) Section 201 of the National Aeronautics 

11 and Space Administration Authorization Act of 2000 

12 (42 U.S.C. 2451 note). 

13 (2) Section 304(d) of the Federal Aviation Ad14 ministration Research, Engineering, and Develop15 ment Authorization Act of 1992 (49 U.S.C. 47508 

16 note). 

17 (3) Section 323 of the National Aeronautics 

18 and Space Administration Authorization Act of 

19 2000. 

20 (b) AMENDMENTS.— 

21 (1) Section 315 of the National Aeronautics 

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

23 2459j) is amended by striking subsection (a) and re24 designating subsections (b) through (f) as sub25 sections (a) through (e). 
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1 (2) Section 315(a) of the National Aeronautics 

2 and Space Administration Authorization Act, Fiscal 

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

4 striking subsection (c) and redesignating subsection 

5 (d) as subsection (c). 

Calendar No. 174

109TH CONGRESS 

1ST SESSION S. 1281

[Report No. 109–108] 

A BILL

To authorize appropriations for the National Aeroand 2010. poses, for fiscal years 2006, 2007, 2008, 2009, and the Inspector General, and for other pur- aeronautics, exploration, exploration capabilities, nautics and Space Administration for science, 

JULY 26, 2005

Reported with amendments