I 

113TH CONGRESS 

1ST SESSION H. R. 823 

To preserve American space leadership, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 26, 2013 

Mr. CULBERSON (for himself, Mr. WOLF, Mr. GENE GREEN of Texas, Mr. 

POSEY, and Mr. OLSON) introduced the following bill; which was referred 

to the Committee on Science, Space, and Technology, and in addition to 

the Committee on the Budget, for a period to be subsequently determined 

by the Speaker, in each case for consideration of such provisions as fall 

within the jurisdiction of the committee concerned 

A BILL 

To preserve American space leadership, and for other 

purposes. 

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. 

4 This Act may be cited as the ‘‘Space Leadership 

5 Preservation Act of 2013’’. 

6 SEC. 2. PURPOSE. 

7 The purpose of this Act is to ensure that the Amer8 ican space program will always be the best in the world, 

9 and to ensure that America will always be able to preserve 


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1 and protect our leadership in the exploration of outer 

2 space, the high ground of the future. Congress is hopeful 

3 that by restructuring NASA we can make the Agency less 

4 political and more professional so that visionary NASA 

5 scientists, engineers, and astronauts will continue to in6 spire future generations by their continuing mission: to 

7 explore strange new worlds, to seek out new life, to boldly 

8 go where no one has gone before. 

9 SEC. 3. ADMINISTRATOR AND DEPUTY ADMINISTRATOR. 

10 Section 20111 of title 51, United States Code, is 

11 amended— 

12 (1) in subsection (a)— 

13 (A) by striking ‘‘ADMINISTRATOR.—There 

14 is established’’ and inserting ‘‘ADMINIS15 TRATOR.— 

16 ‘‘(1) IN GENERAL.—There is established’’; 

17 (B) in paragraph (1), as so designated by 

18 subparagraph (A) of this paragraph, by insert19 ing ‘‘The Administrator shall serve for a term 

20 of 6 years.’’ after ‘‘and activities thereof.’’; and 

21 (C) by adding at the end the following new 

22 paragraph: 

23 ‘‘(2) BOARD OF DIRECTORS NOMINATIONS.— 

24 The President may appoint the Administrator under 

25 paragraph (1) from among the list of nominees proVerDate Mar 15 2010 01:51 Mar 01, 2013 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H823.IH H823

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1 vided by the Board of Directors pursuant to section 

2 20118(j)(2)(A).’’; and 

3 (2) in subsection (b)— 

4 (A) by striking ‘‘ADMINISTRATOR.—There 

5 shall be’’ and inserting ‘‘ADMINISTRATOR.— 

6 ‘‘(1) IN GENERAL.—There shall be’’; 

7 (B) in paragraph (1), as so designated by 

8 subparagraph (A) of this paragraph, by insert9 ing ‘‘The Deputy Administrator shall not act 

10 for, and exercise the powers of, the Adminis11 trator for a period in excess of 45 days. After 

12 45 days, the Associate Administrator shall exer13 cise the powers of Administrator until a new 

14 Administrator is appointed and confirmed by 

15 the Senate.’’ after ‘‘absence or disability.’’; and 

16 (C) by adding at the end the following new 

17 paragraph: 

18 ‘‘(2) BOARD OF DIRECTORS NOMINATIONS.— 

19 The President may appoint the Deputy Adminis20 trator under paragraph (1) from among the list of 

21 nominees provided by the Board of Directors pursu22 ant to section 20118(j)(2)(B).’’. 


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1 SEC. 4. BOARD OF DIRECTORS. 

2 (a) ESTABLISHMENT.—Subchapter II of chapter 201 

3 of title 51, United States Code, is amended by adding at 

4 the end the following new section: 

5 ‘‘§ 20118. Board of Directors 

6 ‘‘(a) ESTABLISHMENT.—There shall be established a 

7 Board of Directors for the National Aeronautics and 

8 Space Administration in accordance with this section, not 

9 later than 9 months after the date of enactment of the 

10 Space Leadership Preservation Act of 2013. 

11 ‘‘(b) MEMBERSHIP AND APPOINTMENT.—The Board 

12 shall consist of 11 members to be appointed as follows: 

13 ‘‘(1) 3 members shall be appointed by the 

14 President. 

15 ‘‘(2) 3 members shall be appointed by the presi16 dent pro tempore of the Senate. 

17 ‘‘(3) 1 member shall be appointed by the minor18 ity leader of the Senate. 

19 ‘‘(4) 3 members shall be appointed by the 

20 Speaker of the House of Representatives. 

21 ‘‘(5) 1 member shall be appointed by the minor22 ity leader of the House of Representatives. 

23 In addition to the members appointed under paragraphs 

24 (1) through (5), the Administrator shall be an ex officio, 

25 nonvoting member of the Board. 


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1 ‘‘(c) QUALIFICATIONS.—The persons appointed as 

2 members of the Board shall be— 

3 ‘‘(1) former astronauts or scientists or engi4 neers eminent in the fields of human spaceflight, 

5 planetary science, space science, Earth science, and 

6 aeronautics, or other scientific, engineering, busi7 ness, and social science disciplines related to space 

8 and aeronautics; 

9 ‘‘(2) selected on the basis of established records 

10 of distinguished service; and 

11 ‘‘(3) so selected as to provide representation of 

12 the views of engineering, science, and aerospace 

13 leaders in all areas of the Nation. 

14 ‘‘(d) LIMITATION ON MEMBERS.—An individual em15 ployed by or representing an organization with which the 

16 Administration has a contract is not eligible to serve on 

17 the Board, except for scientists employed by or rep18 resenting colleges, universities, and other not-for-profit or19 ganizations. Any such scientists serving on the Board shall 

20 not directly work on a study, project, or program that re21 ceives funding through a grant from or contract with the 

22 Administration, and shall recuse themselves from any 

23 Board consideration of programs affecting their place of 

24 employment. Additionally, a former Board member may 

25 not take employment with or represent an organization 


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1 with which the Administration has a contract, or which 

2 is seeking such a contract, for a period of 2 years following 

3 completion of service on the Board. 

4 ‘‘(e) TERMS.—The term of office of each member of 

5 the Board shall be 3 years, except that any member ap6 pointed to fill a vacancy occurring prior to the expiration 

7 of the term for which his predecessor was appointed shall 

8 be appointed for the remainder of such term. Any person 

9 who has been a member of the Board for 12 consecutive 

10 years shall thereafter be ineligible for appointment during 

11 the 2-year period following the expiration of such 12th 

12 year. 

13 ‘‘(f) MEETINGS.—The Board shall meet quarterly 

14 and at such other times as the Chairman may determine, 

15 but the Chairman shall also call a meeting whenever one16 third of the members so request in writing. The Board 

17 shall adopt procedures governing the conduct of its meet18 ings, including delivery of notice and a definition of a 

19 quorum, which in no case shall be less than one-half plus 

20 one of the members of the Board. 

21 ‘‘(g) CHAIRMAN AND VICE CHAIRMAN.—The election 

22 of the Chairman and Vice Chairman of the Board shall 

23 take place at each first quarter meeting occurring in an 

24 even-numbered year. The Vice Chairman shall perform the 

25 duties of the Chairman in his absence. In case a vacancy 


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1 occurs in the chairmanship or vice chairmanship, the 

2 Board shall elect a member to fill such vacancy. 

3 ‘‘(h) STAFF.—The Board may, with the concurrence 

4 of a majority of its members, permit the appointment of 

5 a staff consisting of professional staff members, technical 

6 and professional personnel on leave of absence from aca7 demic, industrial, or research institutions for a limited 

8 term, and such operations and support staff members as 

9 may be necessary. Such staff shall be appointed by the 

10 Chairman and assigned at the direction of the Board. The 

11 professional members and limited term technical and pro12 fessional personnel of such staff may be appointed without 

13 regard to the provisions of title 5, United States Code, 

14 governing appointments in the competitive service, and the 

15 provisions of chapter 51 of such title relating to classifica16 tion, and shall be compensated at a rate not exceeding 

17 the maximum rate payable under section 5376 of such 

18 title, as may be necessary to provide for the performance 

19 of such duties as may be prescribed by the Board in con20 nection with the exercise of its powers and functions under 

21 this section. 

22 ‘‘(i) COMMITTEES.—The Board is also authorized to 

23 appoint from among its members such committees as it 

24 deems necessary, and to assign to committees so appointed 

25 such survey and advisory functions as the Board deems 


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1 appropriate to assist it in exercising its powers and func2 tions under this section. 

3 ‘‘(j) FUNCTIONS.— 

4 ‘‘(1) BUDGET PROPOSAL.—Not later than No5 vember 15 of each year, the Board shall provide to 

6 the President, and to the Committee on Appropria7 tions and the Committee on Science, Space, and 

8 Technology of the House of Representatives and the 

9 Committee on Appropriations and the Committee on 

10 Commerce, Science, and Transportation of the Sen11 ate, a proposed budget for the National Aeronautics 

12 and Space Administration for the next fiscal year. 

13 Such budget shall— 

14 ‘‘(A) carry out the purpose described in 

15 section 20102(h); 

16 ‘‘(B) be based on— 

17 ‘‘(i) the best professional judgement 

18 of the Board; 

19 ‘‘(ii) recommendations from the sci20 entific, engineering, and other technical ex21 perts communities; and 

22 ‘‘(iii) the recommendations of the 

23 most recent National Research Council 

24 decadal surveys; and 


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1 ‘‘(C) follow such decadal surveys’ rec2 ommended decision rules regarding program 

3 implementation, including a strict adherence to 

4 the recommendation that the National Aero5 nautics and Space Administration include in a 

6 balanced program a flagship class mission, 

7 which may be executed in cooperation with one 

8 or more international partners. 

9 ‘‘(2) NOMINEES FOR ADMINISTRATOR, DEPUTY

10 ADMINISTRATOR, AND CHIEF FINANCIAL OFFICER.— 

11 The Board shall provide to the President— 

12 ‘‘(A) a list of 3 nominees from which the 

13 President may appoint an Administrator pursu14 ant to section 20111(a); 

15 ‘‘(B) a list of 3 nominees from which the 

16 President may appoint a Deputy Administrator 

17 pursuant to section 20111(b) and 

18 ‘‘(C) a list of 3 nominees from which the 

19 President may appoint a Chief Financial Offi20 cer pursuant to section 205(a) of the Chief Fi21 nancial Officers Act (31 U.S.C. 901(a)). 

22 The Board shall provide the first set of nominees 

23 under this paragraph not later than 15 months after 

24 the date of enactment of the Space Leadership Pres25 ervation Act of 2013. 


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1 ‘‘(3) REPORTS.— 

2 ‘‘(A) ANNUAL INFRASTRUCTURE, CAPA3 BILITIES, AND WORKFORCE ASSESSMENT.—The 

4 Board shall provide to the President and the 

5 Congress annually a report assessing the status 

6 of United States spaceflight infrastructure, 

7 unique space capabilities, and the health of the 

8 United States workforce necessary to maintain 

9 such infrastructure and capabilities. The assess10 ment shall also identify areas of concern, gaps 

11 in capability compared to foreign spaceflight ca12 pabilities, and recommendations on how to 

13 strengthen or improve United States capabili14 ties and workforce. 

15 ‘‘(B) SPECIFIC POLICY MATTER RE16 PORTS.—The Board shall provide to the Presi17 dent and the Congress reports on specific, indi18 vidual policy matters within the authority of the 

19 Administration (or otherwise as requested by 

20 the Congress or the President) related to 

21 human space flight, planetary science, earth 

22 science, aeronautics, and science, technology, 

23 engineering, and mathematics education, as the 

24 Board, the President, or the Congress deter25 mines the need for such reports. 


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1 ‘‘(4) QUADRENNIAL REVIEW.—The Board shall 

2 provide to the President and the Congress, not later 

3 than the later of 180 days after the establishment 

4 of the Board or the third quarterly meeting of the 

5 Board, and once every 4 years thereafter, a quadren6 nial review of current space programs and a vision 

7 for future space exploration. 

8 ‘‘(5) REMOVAL FOR CAUSE.—The Board may 

9 provide to the President and the Congress a report 

10 recommending the removal of the Administrator, the 

11 Deputy Administrator, or the Chief Financial Offi12 cer for cause. Any such report shall include the rea13 sons for such recommendation. 

14 ‘‘(k) BUDGET MEETINGS.—Portions of Board meet15 ings in which the Board considers the budget proposal re16 quired under subsection (j)(1) for a particular fiscal year 

17 may be closed to the public until the Board submits the 

18 proposal to the President and the Congress. 

19 ‘‘(l) FINANCIAL DISCLOSURE.—Members of the 

20 Board shall be required to file a financial disclosure report 

21 under title II of the Ethics in Government Act of 1978 

22 (5 U.S.C. App. 92 Stat. 1836), except that such reports 

23 shall be held confidential and exempt from any law other24 wise requiring their public disclosure.’’. 


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1 (b) TABLE OF SECTIONS.—The table of sections for 

2 chapter 201 of title 51, United States Code, is amended 

3 by adding at the end of the items for subchapter II the 

4 following new item: 

‘‘20118. Board of Directors.’’. 

5 SEC. 5. BUDGET PROPOSAL. 

6 Section 30103 of title 51, United States Code, is 

7 amended by adding at the end the following new sub8 section: 

9 ‘‘(e) BOARD OF DIRECTORS PROPOSAL.— 

10 ‘‘(1) INCLUSION IN PRESIDENT’S PROPOSED

11 BUDGET.—The proposed budget for the Administra12 tion submitted to the Congress by the President for 

13 each fiscal year shall include a description of, and a 

14 detailed justification for, any differences between the 

15 President’s proposed budget and the budget pro16 vided by the Board of Directors under section 

17 20118(j)(1). 

18 ‘‘(2) ELEMENTS OF BUDGET PROPOSAL.—Sub19 sections (a) through (d) of this section shall apply 

20 to the proposed budget provided by the Board of Di21 rectors under section 20118(j)(1).’’. 

22 SEC. 6. LONG TERM CONTRACTING. 

23 (a) AMENDMENTS.—Section 20142 of title 51, 

24 United States Code, is amended— 


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1 (1) in the section heading, by striking ‘‘Con2 tracts regarding expendable launch vehi3 cles’’ and inserting ‘‘Long term contracting’’; 

4 (2) in subsection (a), by— 

5 (A) striking ‘‘expendable launch vehicle 

6 services’’ and inserting ‘‘rocket propulsion sys7 tems and manned and unmanned space trans8 portation vehicles and payloads, including ex9 pendable launch vehicles, and any other infra10 structure intended for placement or operation 

11 in space or on celestial bodies, and services re12 lated thereto,’’; and 

13 (B) striking ‘‘related to launch’’ and in14 serting ‘‘related to’’; and 

15 (3) in subsection (b), by striking ‘‘launch serv16 ices’’ and inserting ‘‘the goods and services to have 

17 been provided under the contract’’. 

18 (b) TABLE OF SECTIONS AMENDMENT.—The item 

19 relating to section 20142 in the table of sections for chap20 ter 201 of title 51, United States Code, is amended to 

21 read as follows: 

‘‘20142. Long term contracting.’’. 

Æ 


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