I 

114TH CONGRESS 

1ST SESSION H. R. 2093 

To preserve American space leadership, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 29, 2015 

Mr. CULBERSON (for himself, Mr. SMITH of Texas, Mr. SENSENBRENNER, 

and Mr. CUELLAR) 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 2015’’. 

6 SEC. 2. ADMINISTRATOR AND DEPUTY ADMINISTRATOR. 

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

8 amended— 

9 (1) in subsection (a)— 


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

2 is established’’ and inserting ‘‘ADMINIS3 TRATOR.— 

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

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

6 subparagraph (A) of this paragraph— 

7 (i) by inserting ‘‘, pursuant to para8 graph (2),’’ after ‘‘who shall be ap9 pointed’’; and 

10 (ii) by inserting ‘‘The Administrator 

11 shall serve for a term of 10 years.’’ after 

12 ‘‘and activities thereof.’’; and 

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

14 paragraph: 

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

16 The President shall appoint the Administrator under 

17 paragraph (1) from among the list of nominees pro18 vided by the Board of Directors pursuant to section 

19 20118(l)(2)(A). The President shall appoint a new 

20 Administrator not later than 3 months after the first 

21 set of nominees is so provided by the Board of Di22 rectors. The sitting Administrator may serve in the 

23 position until a new Administrator appointed pursu24 ant to this paragraph is confirmed by the Senate.’’; 

25 and 


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1 (2) in subsection (b)— 

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

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

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

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

6 subparagraph (A) of this paragraph, by insert7 ing ‘‘, pursuant to paragraph (2),’’ after ‘‘who 

8 shall be appointed’’; and 

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

10 paragraph: 

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

12 The President shall appoint the Deputy Adminis13 trator under paragraph (1) from among the list of 

14 nominees provided by the Board of Directors pursu15 ant to section 20118(l)(2)(B).’’. 

16 SEC. 3. BOARD OF DIRECTORS. 

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

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

19 the end the following new section: 

20 ‘‘§ 20118. Board of Directors 

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

22 Board of Directors for the National Aeronautics and 

23 Space Administration in accordance with this section, not 

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

25 the Space Leadership Preservation Act of 2015. 


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

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

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

4 President. 

5 ‘‘(2) Three members shall be appointed by the 

6 President pro tempore of the Senate. 

7 ‘‘(3) One member shall be appointed by the mi8 nority leader of the Senate. 

9 ‘‘(4) Three members shall be appointed by the 

10 Speaker of the House of Representatives. 

11 ‘‘(5) One member shall be appointed by the mi12 nority leader of the House of Representatives. 

13 In addition to the members appointed under paragraphs 

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

15 nonvoting member of the Board. 

16 ‘‘(c) QUALIFICATIONS.—The individuals appointed as 

17 members of the Board shall be— 

18 ‘‘(1) former astronauts or scientists or engi19 neers eminent in the fields of human spaceflight, 

20 planetary science, space science, Earth science, and 

21 aeronautics, or other scientific, engineering, busi22 ness, and social science disciplines related to space 

23 and aeronautics; 

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

25 of distinguished service; and 


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

2 the views of engineering, science, and aerospace 

3 leaders in all areas of the Nation. 

4 ‘‘(d) LIMITATION ON MEMBERS.—An individual em5 ployed by or representing an organization with which the 

6 Administration has a contract is not eligible to serve on 

7 the Board, except for scientists employed by or rep8 resenting not-for-profit colleges and universities and other 

9 not-for-profit organizations. A former Board member may 

10 not take employment with or represent an organization 

11 with which the Administration has a contract, or which 

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

13 completion of service on the Board. 

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

15 the Board shall be 3 years, except that any member ap16 pointed to fill a vacancy occurring prior to the expiration 

17 of the term for which his predecessor was appointed shall 

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

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

20 years shall thereafter be ineligible for appointment during 

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

22 year. 

23 ‘‘(f) TRAVEL EXPENSES.—Each member of the 

24 Board shall receive travel expenses, including per diem in 

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1 sions under subchapter I of chapter 57 of title 5, United 

2 States Code. 

3 ‘‘(g) MEETINGS.—The Board shall meet quarterly 

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

5 but the Chairman shall also call a meeting whenever one6 third of the members so request in writing. The Board 

7 shall adopt procedures governing the conduct of its meet8 ings, including delivery of notice and a definition of a 

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

10 one of the members of the Board. 

11 ‘‘(h) CHAIRMAN AND VICE CHAIRMAN.—The election 

12 of the Chairman and Vice Chairman of the Board shall 

13 take place at each first quarter meeting occurring in an 

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

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

16 occurs in the chairmanship or vice chairmanship, the 

17 Board shall elect a member to fill such vacancy. 

18 ‘‘(i) STAFF.— 

19 ‘‘(1) IN GENERAL.—The Chairman may, with 

20 the concurrence of a majority of Board members, 

21 appoint professional staff, technical and professional 

22 personnel on leave of absence from academic, indus23 trial, or research institutions for a limited term, and 

24 operations and support staff. The duties of such 

25 staff shall be assigned at the direction of the Board 


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1 as necessary to assist the Board in exercising its 

2 powers and functions under this section. 

3 ‘‘(2) COMPETITIVE SERVICE; COMPENSATION.— 

4 Professional staff and limited-term technical and 

5 professional personnel may be appointed without re6 gard to the provisions of title 5, United States Code, 

7 governing appointments in the competitive service, 

8 and the provisions of chapter 51 of such title relat9 ing to classification, and shall be compensated at a 

10 rate not exceeding the maximum rate payable under 

11 section 5376 of such title. 

12 ‘‘(j) SPECIAL COMMISSIONS.—The Board is author13 ized to establish such special commissions as it may from 

14 time to time deem necessary for the purposes of this sec15 tion. 

16 ‘‘(k) COMMITTEES.—The Board is authorized to ap17 point from among its members such committees as it 

18 deems necessary, and to assign to committees so appointed 

19 such survey and advisory functions as the Board deems 

20 appropriate to assist it in exercising its powers and func21 tions under this section. 

22 ‘‘(l) FUNCTIONS.— 

23 ‘‘(1) BUDGET PROPOSAL.—Not later than No24 vember 15 of each year, the Board shall provide to 

25 the President, the Committee on Appropriations of 


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1 the House of Representatives, the Committee on 

2 Science, Space, and Technology of the House of 

3 Representatives, the Committee on Appropriations of 

4 the Senate, and the Committee on Commerce, 

5 Science, and Transportation of the Senate, a pro6 posed budget for the National Aeronautics and 

7 Space Administration for the next fiscal year. Such 

8 budget shall— 

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

10 section 20102(h); 

11 ‘‘(B) be based on— 

12 ‘‘(i) the best professional judgment of 

13 the Board; 

14 ‘‘(ii) recommendations from the sci15 entific, engineering, and other technical ex16 perts communities; and 

17 ‘‘(iii) the recommendations of the 

18 most recent National Research Council 

19 decadal surveys; and 

20 ‘‘(C) follow such decadal survey’s rec21 ommended decision rules regarding program 

22 implementation, including a strict adherence to 

23 the recommendation that the National Aero24 nautics and Space Administration include in a 

25 balanced program a flagship class mission, 


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1 which may be executed in cooperation with one 

2 or more international partners. 

3 ‘‘(2) NOMINEES FOR ADMINISTRATOR, DEPUTY

4 ADMINISTRATOR, AND CHIEF FINANCIAL OFFICER.— 

5 The Board shall provide to the President— 

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

7 President shall appoint an Administrator pursu8 ant to section 20111(a); 

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

10 President shall appoint a Deputy Administrator 

11 pursuant to section 20111(b); and 

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

13 President shall appoint a Chief Financial Offi14 cer pursuant to section 205(a) of the Chief Fi15 nancial Officers Act (31 U.S.C. 901(a)). 

16 The Board shall provide the first set of nominees 

17 under this paragraph not later than 15 months after 

18 the date of the enactment of the Space Leadership 

19 Preservation Act of 2015. 

20 ‘‘(3) REPORTS.— 

21 ‘‘(A) ANNUAL INFRASTRUCTURE, CAPA22 BILITIES, AND WORKFORCE ASSESSMENT.—The 

23 Board shall provide to the President and the 

24 Congress annually a report assessing the status 

25 of United States spaceflight infrastructure, 


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1 unique space capabilities, and the availability of 

2 qualified United States workers necessary to 

3 maintain such infrastructure and capabilities. 

4 The assessment shall also identify areas of con5 cern, gaps in capability compared to foreign 

6 spaceflight capabilities, and recommendations 

7 on how to strengthen or improve United States 

8 capabilities and workforce. 

9 ‘‘(B) SPECIFIC POLICY MATTER RE10 PORTS.—The Board shall provide to the Presi11 dent and the Congress reports on specific, indi12 vidual policy matters within the authority of the 

13 Administration (or otherwise as requested by 

14 the Congress or the President) related to 

15 human spaceflight, planetary science, Earth 

16 science, aeronautics, and science, technology, 

17 engineering, and mathematics education, as the 

18 Board, the President, or the Congress deter19 mines the need for such reports. 

20 ‘‘(4) REVIEW.—The Board shall provide to the 

21 President and the Congress, not later than the later 

22 of 180 days after the establishment of the Board or 

23 the third quarterly meeting of the Board, and once 

24 every 4 years thereafter, a review of current space 

25 programs and a vision for future space exploration. 


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1 ‘‘(5) REMOVAL OF ADMINISTRATOR FOR

2 CAUSE.—The Board may provide to the President 

3 and the Congress a report recommending the re4 moval of the Administrator for cause. Any such re5 port shall include the reasons for such recommenda6 tion. 

7 ‘‘(m) BUDGET MEETINGS.—Portions of Board meet8 ings in which the Board considers the budget proposal re9 quired under subsection (l)(1) for a particular fiscal year 

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

11 proposal to the President and the Congress. 

12 ‘‘(n) FINANCIAL DISCLOSURE.—Members of the 

13 Board shall be required to file a financial disclosure report 

14 under title I of the Ethics in Government Act of 1978 

15 (5 U.S.C. App. 92 Stat. 1836), except that such reports 

16 shall be held confidential and exempt from any law other17 wise requiring their public disclosure.’’. 

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

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

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

21 following new item: 

‘‘20118. Board of Directors.’’. 

22 SEC. 4. BUDGET PROPOSAL. 

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

24 amended by adding at the end the following new sub25 section: 


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

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

3 BUDGET.—The proposed budget for the Administra4 tion submitted to the Congress by the President for 

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

6 detailed justification for, any differences between the 

7 President’s proposed budget and the budget pro8 vided by the Board of Directors under section 

9 20118(l)(1). 

10 ‘‘(2) ELEMENTS OF BUDGET PROPOSAL.—Sub11 sections (a) through (d) of this section shall apply 

12 to the proposed budget provided by the Board of Di13 rectors under section 20118(l)(1).’’. 

14 SEC. 5. LONG-TERM CONTRACTING. 

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

16 United States Code, is amended— 

17 (1) in the section heading, by striking ‘‘Con18 tracts regarding expendable launch vehi19 cles’’ and inserting ‘‘Long-term contracting’’; 

20 (2) in subsection (a), by— 

21 (A) striking ‘‘expendable launch vehicle 

22 services’’ and inserting ‘‘rocket propulsion sys23 tems and manned and unmanned space trans24 portation vehicles and payloads, including ex25 pendable launch vehicles, and any other infraVerDate Sep 11 2014 00:51 May 09, 2015 Jkt 049200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H2093.IH H2093

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1 structure intended for placement or operation 

2 in space or on celestial bodies, and services re3 lated thereto,’’; and 

4 (B) striking ‘‘related to launch’’ and in5 serting ‘‘related to’’; and 

6 (3) in subsection (b), by striking ‘‘launch serv7 ices’’ and inserting ‘‘the goods and services to have 

8 been provided under the contract’’. 

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

10 relating to section 20142 in the table of sections for chap11 ter 201 of title 51, United States Code, is amended to 

12 read as follows: 

‘‘20142. Long-term contracting.’’. 

Æ 


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