II 

108TH CONGRESS 

1ST SESSION S. 1821

To establish a National Space Commission on activities of the United States 

related to the future of space. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 5, 2003

Mr. HOLLINGS (for himself, Mr. INOUYE, Mr. ROCKEFELLER, Mr. KERRY, 

Mr. BREAUX, Mr. DORGAN, and Mr. LAUTENBERG) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 

A BILL

To establish a National Space Commission on activities of 

the United States related to the future of space.

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 ‘‘National Space Com5 mission Act’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds the following: 

8 (1) Since the enactment of the National Aero9 nautics and Space Act of 1958, space has become 
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1 increasingly important for science, public safety, na2 tional defense and intelligence gathering, commercial 

3 telecommunications and other Earth applications, 

4 and the advancement of international relations tied 

5 to the use of space for peaceful purposes. 

6 (2) The recent loss of the Space Shuttle Colum7 bia highlighted the true condition of space flight: 

8 that it is highly prone to risk, fundamentally chal9 lenges the laws of nature, is extremely unforgiving 

10 of lapses in judgment, and demands the utmost con11 sideration of safety and the dignity of human life. 

12 (3) The Columbia Accident Investigation Board 

13 expressed extreme misgivings about the management 

14 and technical culture of the National Aeronautics 

15 and Space Administration. In addition to prescribing 

16 a specific menu of recommendations, the Board ex17 pressed concerns that the agency may not be able to 

18 achieve its own reform, stating that, ‘‘Based on 

19 NASA’s history of ignoring external recommenda20 tions, or making improvements that atrophy with 

21 time, the Board has no confidence that the Space 

22 Shuttle can be safely operated for more than a few 

23 years based solely on renewed post-accident vigi24 lance’’. 
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1 (4) Today, American astronauts and Inter2 national Partner cosmonauts reside in space with 

3 limited means of safe rescue and support. The Na4 tion remains dependent on the Space Shuttle as the 

5 sole means of International Space Station assembly 

6 and human operation in space for the foreseeable fu7 ture. And the Nation faces a period of greatly in8 creased expense merely to sustain current space op9 erations. 

10 (5) Even if new vehicle technologies were avail11 able, it is a matter of public discussion whether the 

12 historic ideals and prospects for the human explo13 ration and development of space still guide our na14 tional program in space or whether the role and pur15 pose of human presence in space has become ambig16 uous in light of other potential purposes for and 

17 uses of space. 

18 (6) Meanwhile, our national program in space 

19 suffers from an aging space workforce and aging, 

20 sometimes dilapidated space facilities and systems, 

21 an atrophying of expertise, and a general lack of re22 newal of purposes, objectives, and methods. Com23 mercial markets requiring space launch that are cru24 cial to establishing the firm economic basis for the 

25 development of space and for the commercial devel-
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1 opment of space technology have not emerged but 

2 have withered. Although the use of space for science 

3 and national security purposes is expanding, the eco4 nomic and commercial development of space con5 tinues to be fledgling. Although the Nation stands 

6 on the doorstep of the permanent human habitation 

7 of space, a mature agenda for safe, economic oper8 ation in space necessary to broaden the Nation’s 

9 participation and interest in the peaceful develop10 ment of space is lacking. 

11 (7) The Nation would benefit by establishing a 

12 permanent National Space Commission to advise the 

13 President and Congress on issues related to the re14 flight and future use of the Space Shuttle and on 

15 the possibilities for the future development and use 

16 of space, and to recommend measures the Nation 

17 should take to secure the safety of future space 

18 flight. 

19 SEC. 3. NATIONAL SPACE COMMISSION. 

20 (a) ESTABLISHMENT.—There is established a com21 mission to be known as National Space Commission. 

22 (b) MEMBERSHIP.—

23 (1) APPOINTMENT.—The Commission shall 

24 have 12 Members, who shall be appointed by the 
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1 President by and with the advice and consent of the 

2 Senate. 

3 (2) TERM.—Members of the Commission shall 

4 serve for a term of 5 years and shall be eligible for 

5 reappointment, except that the members initially ap6 pointed shall be appointed for terms of 3 years each. 

7 (3) QUALIFICATIONS.—Members shall be se8 lected from among individuals—

9 (A) with national reputations in the con10 duct of space flight and the development of 

11 space systems and technology; 

12 (B) who are representative of the many 

13 views about the future of space and the eco14 nomic and technical prospects for its use and 

15 development; and 

16 (C) who are or have been employed in 

17 space-related activities, including—

18 (i) leaders of aerospace companies and 

19 other industries involved in the develop20 ment and use of space; 

21 (ii) professionals who have performed 

22 in significant capacities in the management 

23 of space programs or ventures; and

24 (iii) distinguished members of aca25 demia. 
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1 (4) VACANCIES.—Any vacancy occurring other 

2 than by the expiration of a term shall be filled in a 

3 manner that best replaces the qualifications of the 

4 person vacating the position, unless a person with 

5 different qualifications is to be nominated and ap6 pointed for the purpose of changing or re-directing 

7 the activities or objectives of the Commission. 

8 (5) STATUS AS SPECIAL GOVERNMENT EMPLOY9 EES.—Members of the Commission are deemed to be 

10 special Government employees (as defined in section 

11 202(a) of title 18, United States Code) without re12 gard to the number of days of service during any 

13 365-day period while engaged in the business of the 

14 Commission. 

15 (6) TRAVEL EXPENSES.—Members of the Com16 mission shall be allowed travel expenses, including 

17 per diem in lieu of subsistence, at rates authorized 

18 for employees of agencies under subchapter I of 

19 chapter 57 of title 5, United States Code, while 

20 away from their homes or regular places of business. 

21 (c) CHAIR.—The President shall designate an indi22 vidual to serve as Chair of the Commission for a term of 

23 3 years, except that until the Commission has been in op24 eration for 3 full years the term of the individual so des-
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1 ignated shall be 1 year. Any individual designated as chair 

2 is eligible for redesignation as Chair. 

3 (d) MEETINGS.—The Commission shall meet at the 

4 call of the Chair. A majority of the members shall con5 stitute a quorum, but a lesser number may conduct the 

6 business of the Commission. 

7 (e) STAFF.—

8 (1) IN GENERAL.—The Commission shall ap9 point and fix the compensation (in accordance with 

10 the guidelines prescribed by the Administrator of 

11 General Services under section 7(d) of the Federal 

12 Advisory Committee Act) of staff comprising—

13 (A) staff selected by the Chair as perma14 nent staff of the Commission; and 

15 (B) staff selected by each Member as staff 

16 of the Member for the duration of the Mem17 ber’s appointment to the Commission. 

18 (2) QUALIFICATIONS.—Staff shall be selected 

19 from among employees of business and professional 

20 firms in the business of the development of, manu21 facture and operation for, or use of space, individ22 uals with entrepreneurial experience, employees of 

23 research centers and national laboratories, scholars, 

24 professionals, and academics whose work and in25 sights are such that their work in support of the 
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1 Commission will enhance the Nation’s ability to 

2 guide and direct the space program. 

3 (3) DETAILING OF FEDERAL EMPLOYEES.—At 

4 the request of the Commission, the head of a Fed5 eral department or agency may assign an employee 

6 to serve as a member of the Commission staff while 

7 employed by the United States. 

8 (4) EXPERTS AND CONSULTANTS.— 

9 (A) IN GENERAL.—The Commission may 

10 obtain the services of experts and consultants in 

11 the private and nonprofit sectors in accordance 

12 with section 3109 of title 5, United States 

13 Code. 

14 (B) AVAILABLE ARRANGEMENTS.—In ob15 taining any service described in subparagraph 

16 (A), the Commission may use any available 

17 grant, contract, cooperative agreement, or other 

18 arrangement authorized by law. 

19 (C) NOTICE.—The Commission shall give 

20 public notice of any such grant, contract, coop21 erative agreement, or other arrangement before 

22 making any such grant or executing any such 

23 contract, cooperative agreement, or other ar24 rangement. 
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1 SEC. 4. GENERAL DUTIES. 

2 (a) IN GENERAL.—The Commission shall—

3 (1) provide advice and counsel to the President 

4 and the Congress of the United States on matters 

5 related to the future development and use of space; 

6 (2) address questions of special merit posed by 

7 the President or by the Congress to be addressed by 

8 the Commission; 

9 (3) conduct studies, assessments, and other 

10 methods of evaluation, including market, business, 

11 and financial assessments, necessary to reach con12 clusions and to formulate recommendations about 

13 the future of space; 

14 (4) convene and establish public forums, re15 views, and other means of public discourse for pur16 poses of gathering and distributing information, 

17 facts, opinions, and data related to the future of 

18 space; 

19 (5) confer with Federal, State, and local gov20 ernments and regional organizations, United States 

21 corporations, laboratories, research centers and uni22 versities, and appropriate departments, agencies, 

23 and enterprises of other Nations on questions re24 lated to the development and use of space; 

25 (6) make other recommendations as necessary 

26 to achieve the expanded development and use of 
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1 space, including assessments of the status, focus, 

2 and effectiveness of government and industry pro3 grams and efforts designed to achieve that purpose; 

4 (7) propose and establish a National approach 

5 for the safety of space flight in support of commer6 cial, military and civilian space and suborbital space 

7 programs, including issues related to the commercial 

8 licensing and operation of space vehicles, the regula9 tion, management, and control of space flight parts, 

10 components, systems, and facilities, and the training 

11 and advancement of government and industry per12 sonnel necessary to achieve safe space flight; and 

13 (8) advise the President and the Congress on 

14 any changes in Federal law or international agree15 ments necessary to achieve the recommendations, so16 lutions, and outcomes proposed by the Commission. 

17 (b) METHODS OF SPACE FLIGHT.—In carrying out 

18 its duties under subsection (a), the Commission shall con19 sider the potential for the future use of space by human 

20 and robotic means and the likely contribution of both to 

21 the long-term development and use of space. 

22 (c) DISCLAIMER.—Nothing in this Act is intended—

23 (1) to prejudice the disposition, or outcome of 

24 decisions related to the ownership or institutional
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1 operation and support, of Federal laboratories, cen2 ters, or bases; or 

3 (2) to preclude the use of special classes, de4 signs, or certification rules and standards peculiar to 

5 the use of military space vehicles. 

6 SEC. 5. SPECIFIC REPORTS AND ADVISORY ACTIVITIES. 

7 (a) SPACE SHUTTLE; INTERNATIONAL SPACE STA8 TION.— 

9 (1) IN GENERAL.—The Commission shall evalu10 ate the findings, recommendations, and observations 

11 of the Columbia Accident Investigation Board and 

12 the activities of the National Aeronautics and Space 

13 Administration to respond to the Board’s report, in14 cluding issues related to the re-flight of the Space 

15 Shuttle, alternative near-term crewed vehicle op16 tions, and changes in the agency’s organization, 

17 management, technical administration, and conduct 

18 of safety, operations and engineering, and training, 

19 and other changes intended to ensure the safety of 

20 space operations and the dignity of human life. 

21 (2) CRITERIA FOR RETURN TO OPERATIONS.—

22 The Commission shall make recommendations to the 

23 President and the Congress concerning—

24 (A) any additional criteria and conditions 

25 that the Commission considers critical for the 
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1 safe operation of the Space Shuttle that war2 rant demonstration during the initial and sub3 sequent return-to-flight test and demonstration 

4 missions; and 

5 (B) longer-term criteria and conditions 

6 necessary for a return to sustained operation 

7 and management of human space flight fol8 lowing the initial Space Shuttle re-flight and 

9 test and demonstration flights. 

10 (3) EVALUATION OF HUMAN SPACE FLIGHT

11 MANAGEMENT REFORMS.—The Commission shall as12 sess—

13 (A) the capability of the National Aero14 nautic and Space Administration to resolve all 

15 findings, recommendations, and observations of 

16 the Columbia Accident Investigation Board to 

17 the Commission’s satisfaction, including man18 agement and technical reforms necessary to 

19 achieve safe space flight; 

20 (B) the relationship of the National Aero21 nautic and Space Administration to its indus22 trial, scientific, and commercial partners and 

23 the proper role of each party in the selection, 

24 design, development, and operation of high risk 

25 space flight systems; and 
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1 (C) additional workforce, organization, and 

2 management reforms that may be required to 

3 enhance further the ability of the National 

4 Aeronautic and Space Administration, its part5 ners, or other agencies of the United States to 

6 achieve safety of human space flight. 

7 (4) CONSIDERATION OF THE INTERNATIONAL

8 SPACE STATION AND ALTERNATIVE SPACE TRANS9 PORTATION SOLUTIONS.—In making its evaluation 

10 and recommendations under this subsection the 

11 Commission shall consider—

12 (A) the condition of the International 

13 Space Station along with the further risk to or 

14 security of human life resulting from any deci15 sion to accelerate or slow the return to assem16 bly and operation of the International Space 

17 Station and sustained human space flight oper18 ations; 

19 (B) alternative space vehicle and crewing 

20 options that meet the highest achievable stand21 ard of crew safety and security on-board the 

22 International Space Station in the shortest 

23 amount of time; 

24 (C) the modification or purchase of exist25 ing space vehicles necessary to achieve a higher 
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1 standard of heightened crew safety or enhanced 

2 ability to conduct safe human space flight oper3 ations; 

4 (D) the acquisition or development of 

5 crewed vehicles on a schedule significantly more 

6 aggressive that the proposed schedule of the 

7 Orbital Space Plane; and 

8 (E) the contribution of any proposed vehi9 cle options to purposes in space other than 

10 servicing and support of the International 

11 Space Station. 

12 (5) REPORTS TO CONGRESS.—

13 (A) ALTERNATIVE MEANS OF CREW

14 TRANSFER.—Within 3 months after the full 

15 Commission has taken office, it shall report to 

16 the President and the Congress on crewing op17 tions for the Space Shuttle during the period of 

18 assembly of the International Space Station, al19 ternative interim use of available space vehicles 

20 for these operations, and alternative or acceler21 ated United States crewed vehicle modification 

22 or development options in lieu of or in addition 

23 to the proposed Orbital Space Plane program. 

24 (B) SPACE SHUTTLE RETURN-TO25 FLIGHT.— 
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1 (i) PREFLIGHT ADVICE.—On a contin2 uous basis from the initial return-to-flight 

3 mission of the Space Shuttle through the 

4 final such mission, the Commission shall 

5 advise the Administrator, the President, 

6 and the Congress of the results of its re7 view and assessment of the Space Shuttle 

8 return-to-flight, including any additional 

9 criteria the Commission establishes for re10 turn-to-flight missions. 

11 (ii) FINAL PREFLIGHT RECOMMENDA12 TION.—Within 60 days before the planned 

13 date for the first Space Shuttle return-to14 flight, and within 30 days before each sub15 sequent test or demonstration flight of the 

16 Space Shuttle, the Commission shall trans17 mit its final recommendations for return18 to-flight to the Administrator, the Presi19 dent, and the Congress. In addition, the 

20 Commission shall attach to each such 

21 transmittal to the President and the Con22 gress a record of its recommendations to 

23 the Administrator and a description of the 

24 Administrator’s responses and actions in 

25 response to those recommendations. 
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1 (iii) POST-RESUMPTION ANALYSIS.—

2 Within 6 months after the first successful 

3 return-to-flight mission of the Space Shut4 tle, the Commission shall submit a report 

5 to the President and the Congress summa6 rizing the Commission’s and the National 

7 Aeronautics and Space Administration’s 

8 work on the re-flight of the Space Shuttle 

9 and addressing further changes that 

10 should be accomplished to ensure safe con11 tinuous operation of the Space Shuttle and 

12 the International Space Station. The re13 port shall address the status of organiza14 tional, management, and technical changes 

15 in the National Aeronautics and Space Ad16 ministration, their effectiveness in resolv17 ing concerns about the safety, operations, 

18 engineering, and management cultures of 

19 the agency, and their effectiveness in re20 solving concerns and risks associated with 

21 a return-to-normal operations for the 

22 Space Shuttle and the International Space 

23 Station. 

24 (b) FUTURE LAUNCH TECHNOLOGY AND THE DE25 VELOPMENT OF AND USES FOR SPACE.—
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1 (1) IN GENERAL.—The Commission shall—

2 (A) advise the President and the Congress 

3 on the state of the Nation’s investment in and 

4 development of advanced space launch tech5 nology, including advanced space lift propulsion 

6 systems; 

7 (B) make recommendations on steps nec8 essary to accelerate the development of tech9 nologies and capabilities to advance the econ10 omy of space flight and the prospect for the ex11 panded use of space for economic, commercial, 

12 and industrial purposes; 

13 (C) assess how State and local govern14 ments and regional authorities might benefit 

15 from the expanded use of space; 

16 (D) evaluate the ability of the Nation’s pri17 vate research centers, laboratories, and private 

18 and public universities to contribute to and ben19 efit from the expanded development and use of 

20 space; 

21 (E) assess the future use of space for ex22 ploration, science, research, national security, 

23 and public safety ensure that such uses are con24 sistent with the long-term economic develop25 ment of space, and are designed to enhance the 
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1 industrial and commercial capabilities of space 

2 flight whenever possible; and 

3 (F) make detailed recommendations re4 lated to the use of budget, regulatory, and li5 censing powers and authorities of the United 

6 States to enhance, to better plan for, and to co7 ordinate the activities of the United States re8 lated to the development and use of space. 

9 (2) REPORT TO CONGRESS.—By September 1, 

10 2005, the Commission shall transmit to the Con11 gress a report that—

12 (A) summarizes its recommendations for 

13 future national goals for the development and 

14 use of space; 

15 (B) provides a blueprint of capabilities that 

16 could and should be achieved by the end of the 

17 present decade, by 2015, and by 2025 in order 

18 to better position the Nation to achieve those 

19 goals; and 

20 (C) addresses potential markets and uses 

21 for space and the means of financing the devel22 opment and use of space. 

23 (c) NATIONAL APPROACH TO THE SAFETY OF SPACE

24 FLIGHT.—
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1 (1) IN GENERAL.—The Commission shall con2 duct a review and assessment of the Nation’s pro3 gram of safety in space flight as conducted by the 

4 United States, the commercial space industry, and 

5 other private parties. 

6 (2) CONTENTS.—The review and assessment 

7 shall—

8 (A) assess the current use of inspection, 

9 acceptance, and commercial licensing to certify 

10 the safety, flight worthiness, and flight readi11 ness of space vehicles and their associated 

12 launch and ground control facilities; 

13 (B) evaluate and compare current space 

14 launch and flight operations practices, including 

15 the promulgation of flight rules and over-flight 

16 plans of populated areas; 

17 (C) assess and compare how Federal agen18 cies, private launch operators, and commercial 

19 industry make determinations of flight worthi20 ness and ground and flight system readiness, 

21 including the use of tests, analyses, demonstra22 tions, and other means whereby the operational 

23 readiness of space vehicles, crew, and ground 

24 systems are verified to be ready for launch and 

25 operation; 
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1 (D) address current government and in2 dustry practices for conducting and coordi3 nating design and decision rules within and 

4 among space management agencies, firms, orga5 nizations, and ground control and flight oper6 ations management centers before, during, and 

7 after flight; and 

8 (E) assess practices and conditions related 

9 to the acquisition and sale of parts, compo10 nents, systems, services, and capabilities among 

11 Industry prime and supplier contractors and 

12 the Federal Government, including outsourcing, 

13 sole source, and other competitive and non-com14 petitive forms of relationship, and their impact 

15 upon safety. 

16 (3) REPORT TO CONGRESS.—No later than Sep17 tember 1, 2005, the Commission shall transmit to 

18 the Congress a report that—

19 (A) summarizes the results of the review 

20 and assessment required by paragraph (1); and 

21 (B) makes recommendations for a National 

22 program of—

23 (i) management of safe commercial, 

24 civil, and military space flight; and 
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1 (ii) regulation of the design, certifi2 cation, or licensing of space flight systems 

3 for launch and landing over the United 

4 States, or for orbital or suborbital oper5 ation using crew or passengers aboard 

6 commercial or civil vehicles licensed or op7 erated by the United States. 

8 (d) ANNUAL REPORT.—In addition to other reports 

9 required or permitted under this Act, within 60 days after 

10 the end of each fiscal year, the Commission shall provide 

11 an annual report to the Congress that—

12 (1) summarizes its activities, reports, findings, 

13 conclusions, and recommendations during that fiscal 

14 year; and 

15 (2) contains a year-end financial statement of 

16 the Commission’s operations, including a detailed 

17 statement of the purposes for which funds have been 

18 expended by the Commission. 

19 (e) OTHER REPORTS.—The Commission may also re20 port to the President and the Congress on other space21 related questions and issues raised by the Congress, the 

22 President, or on its own initiative. 

23 SEC. 6. DEFINITIONS. 

24 In this Act: 
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1 (1) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of the National 

3 Aeronautics and Space Administration. 

4 (2) COMMISSION.—The term ‘‘Commission’’ 

5 means the National Space Commission established 

6 by section 3. 

7 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

8 There are authorized to be appropriated to the Com9 mission such sums as may be necessary to carry out its 

10 duties under this Act.

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