II 

Calendar No. 814 

108TH CONGRESS 

2D SESSION S. 2541 

[Report No. 108–418] 

To reauthorize and restructure the National Aeronautics and Space 

Administration, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 17, 2004 

Mr. MCCAIN (for himself, Mr. BROWNBACK, Mrs. HUTCHISON, and Mr. 

ALLEN) introduced the following bill; which was read twice and referred 

to the Committee on Commerce, Science, and Transportation 

NOVEMBER 19, 2004 

Reported by Mr. MCCAIN, with amendments 

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

A BILL 

To reauthorize and restructure the National Aeronautics and 

Space Administration, 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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘NASA Authorization Act of 2004’’. 
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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Findings. 

TITLE I—AUTHORIZATION OF APPROPRIATIONS 

Sec. 101. Exploration capabilities. 

Sec. 102. Exploration, science, and aeronautics. 

Sec. 103. Inspector General. 

Sec. 104. Independent technical engineering authority authorizations. 

Sec. 105. Total authorizations. 

TITLE II—SPACE SHUTTLE RETURN TO FLIGHT 

Sec. 201. Lessons-learned program. 

Sec. 202. Independent technical engineering authority. 

Sec. 203. Safety and integration. 

Sec. 204. Recertification of space shuttle. 

Sec. 205. Return to flight certification. 

Sec. 206. Launch plans for ISS. 

Sec. 207. Report on status of upgrades to space shuttle. 

Sec. 208. Retention of space launch expertise after retirement of space shuttle. 

TITLE III—NASA’S NEW VISION 

Sec. 301. Exploration of the solar system. 

Sec. 302. Human missions to the Moon and Mars. 

Sec. 303. Systems requirements document. 

Sec. 304. Life cycle cost estimate. 

Sec. 305. Commercialization plan with Office of Space Commercialization. 

Sec. 306. Industrial assessment. 

Sec. 307. Reports on costs of major systems. 

Sec. 308. International cooperation. 

Sec. 309. Technology Transfer and Licensing Office. 

Sec. 310. Robotic lunar missions. 

Sec. 311. Legal aspects of lunar exploration. 

Sec. 312. NASA engineering school. 

Sec. 313. Continuity of U.S. human space flight. 

TITLE IV—MISCELLANEOUS 

Sec. 401. Integrated financial management program. 

Sec. 402. Future launch plan. 

Sec. 403. Commercial goods and services. 

Sec. 404. Industry Advisory Board. 

Sec. 405. Requirement for independent cost analysis. 

Sec. 406. Electronic access to business opportunities. 

Sec. 407. Retrocession of jurisdiction. 

Sec. 408. 406 Centennial challenge program. 

Sec. 409. 407. Cultural assessment. 

Sec. 410. 408. Sense of the Congress regarding competitive contracting. 

Sec. 411. 409. Employees stationed in foreign countries. 

Sec. 412. 410. Hubble Telescope. 
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Sec. 413. 411. Confirmation requirement. 

Sec. 414. 412. National Aeronautics and Space Foundation Study. 

Sec. 415. 413. Near-earth object survey. 

Sec. 414. Use of unmanned aerial vehicles in wildlife, environmental, and other 

activities. 

Sec. 415. Expansion of authority for demonstration on enhanced-use lease of real 

property. 

Sec. 416. National Aeronautics and Space Foundation. 

TITLE V—AERONAUTICS RESEARCH AND DEVELOPMENT 

Sec. 501. Findings. 

Sec. 502. Environmental aircraft research and development initiative. 

Sec. 503. Civil supersonic transport research and development initiative. 

Sec. 504. NASA aeronautics scholarships. 

Sec. 505. Annual report on funding of research and development and science relating to aeronautics. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) ADMINISTRATOR.—The term ‘‘Adminis4 trator’’ means the Administrator of the National 

5 Aeronautics and Space Administration. 

6 (2) NASA.—The term ‘‘NASA’’ means the Na7 tional Aeronautics and Space Administration. 

8 SEC. 3. FINDINGS. 

9 The Congress finds the following: 

10 (1) NASA has a proud heritage of promoting 

11 the development of space through the pursuit of am12 bitious goals requiring the design and development 

13 of new, complex technologies. 

14 (2) The President’s new vision for space will re15 quire new, affordable, and safe access to space. Such 

16 access will have significant implications for national 

17 security, civil sector, and commercial uses of space. 
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1 (3) Basic and applied research in space science, 

2 earth science, and aeronautics remain a significant 

3 part of the Nation’s goals for the use and develop4 ment of space. 

5 (4) America’s history is built on a desire to 

6 open new frontiers and to seek new discoveries. 

7 (5) Exploration, like investments in other Fed8 eral science and technology activities, is an invest9 ment in our future. 

10 (6) Our Nation’s investment in space has and 

11 will continue to yield returns many fold, through a 

12 tremendously promising program of discovery and 

13 exploration that historically has provided benefits 

14 that improve the quality of life on Earth, as well as 

15 inspiring Americans and people throughout the 

16 world. 

17 (7) Over the next few years after the date of 

18 enactment of this Act, NASA will face great cultural 

19 and organizational change as it learns from the Co20 lumbia tragedy and implements the recommenda21 tions of the Columbia Accident Investigation Board, 

22 the President’s Commission on Moon, Mars, and Be23 yond, and ongoing reviews by the National Academy 

24 of Sciences, Congress expects that the National Aer25 onautics and Space Administration will create and 
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1 support a robust, independent safety and technical 

2 engineering authorities called for by the Columbia 

3 Accident Investigation Board while striving to ensure 

4 safety and the protection of human life in all aspects 

5 of design, development, test, launch, and operations. 

6 While human space exploration will always be risky, 

7 the management and organization of the National 

8 Aeronautics and Space Administration itself cannot 

9 be the root cause of space accidents in the future. 

10 TITLE I—AUTHORIZATION OF 

11 APPROPRIATIONS 

12 SEC. 101. EXPLORATION CAPABILITIES. 

13 Subject to the limitation in section 105, the following 

14 amounts are authorized to be appropriated to NASA for 

15 the following programs and fiscal years: 

16 (1) Fiscal year 2005: 

17 (A) International Space Station, 

18 $1,863,000,000. 

19 (B) Space shuttle, $4,319,000,000. 

20 (C) Space flight support, $492,000,000. 

21 (D) Transportation systems, 

22 $689,000,000. 

23 (E) Human and robotic technology, 

24 $1,079,000,000, of which $20,000,000 shall be 

25 for the Centennial Challenges Program estab-
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1 lished under section 318 of the National Aero2 nautics and Space Act of 1958 as added by sec3 tion 408 of this Act. 

4 (2) Fiscal year 2006: 

5 (A) International Space Station, 

6 $1,764,000,000. 

7 (B) Space shuttle, $4,326,000,000. 

8 (C) Space flight support, $435,000,000. 

9 (D) Transportation systems, 

10 $1,261,000,000. 

11 (E) Human and robotic technology, 

12 $1,302,500,000, of which $25,000,000 shall be 

13 for the Centennial Challenges Program estab14 lished under section 318 of the National Aero15 nautics and Space Act of 1958 as added by sec16 tion 408 of this Act. 

17 (3) Fiscal year 2007: 

18 (A) International Space Station, 

19 $1,780,000,000. 

20 (B) Space shuttle, $4,314,000,000. 

21 (C) Space flight support, $430,000,000. 

22 (D) Transportation systems, 

23 $1,624,000,000. 

24 (E) Human and robotic technology, 

25 $1,301,000,000, of which $25,000,000 shall be 
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1 for the Centennial Challenges Program estab2 lished under section 318 of the National Aero3 nautics and Space Act of 1958 as added by sec4 tion 408 of this Act. 

5 (4) Fiscal year 2008: 

6 (A) International Space Station, 

7 $1,779,000,000. 

8 (B) Space shuttle, $4,027,000,000. 

9 (C) Space flight support, $456,000,000. 

10 (D) Transportation systems, 

11 $1,423,000,000. 

12 (E) Human and robotic technology, 

13 $1,369,600,000, of which $10,000,000 shall be 

14 for the Centennial Challenges Program estab15 lished under section 318 of the National Aero16 nautics and Space Act of 1958 as added by sec17 tion 408 of this Act. 

18 (5) Fiscal year 2009: 

19 (A) International Space Station, 

20 $2,115,000,000. 

21 (B) Space shuttle, $3,030,000,000. 

22 (C) Space flight support, $453,000,000. 

23 (D) Transportation systems, 

24 $1,863,000,000. 
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1 (E) Human and robotic technology, 

2 $1,433,000,000. 

3 SEC. 102. EXPLORATION, SCIENCE, AND AERONAUTICS. 

4 Subject to the limitation in section 105, the following 

5 amounts are authorized to be appropriated to NASA for 

6 the following programs and fiscal years: 

7 (1) Fiscal year 2005: 

8 (A) Space science, $4,138,000,000, of 

9 which $20,000,000 shall be for activities under 

10 section 416 413(b) of this Act. 

11 (B) Earth science, $1,485,000,000, of 

12 which $5,000,000 shall be for abrupt climate 

13 change research. research, of which $90,800,000 

14 shall be for earth science applications. 

15 (C) Biological and physical research, 

16 $1,049,000,000. 

17 (D) Aeronautics Technology, 

18 $919,000,000. 

19 (E) Education, $169,000,000, of which 

20 $500,000 shall be for scholarships under sec21 tion 504. 504 and $12,000,000 shall be for the 

22 Experimental Program to Stimulate Competitive 

23 Research. 

24 (2) Fiscal year 2006: 
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1 (A) Space science, $4,404,000,000, of 

2 which $20,000,000 shall be for activities under 

3 section 415(b) of this Act. 

4 (B) Earth science, $1,390,000,000, of 

5 which $5,000,000 shall be for abrupt climate 

6 change research. research, of which $90,800,000 

7 shall be for earth science applications. 

8 (C) Biological and physical research, 

9 $950,000,000. 

10 (D) Aeronautics Technology, 

11 $957,000,000. 

12 (E) Education, $169,000,000, of which 

13 $750,000 shall be for scholarships under sec14 tion 504. 504 and $15,000,000 shall be for the 

15 Experimental Program to Stimulate Competitive 

16 Research. 

17 (3) Fiscal year 2007: 

18 (A) Space science, $4,906,000,000. 

19 (B) Earth science, $1,368,000,000 of 

20 which $5,000,000 shall be for abrupt climate 

21 change research. research, of which $90,800,000 

22 shall be for earth science applications. 

23 (C) Biological and physical research, 

24 $938,000,000. 

25 (D) Aeronautics, $938,000,000. 
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1 (E) Education, $171,000,000, of which 

2 $1,000,000 shall be for scholarships under sec3 tion 504. 504 and $15,000,000 shall be for the 

4 Experimental Program to Stimulate Competitive 

5 Research. 

6 (4) Fiscal year 2008: 

7 (A) Space science, $5,520,000,000. 

8 (B) Earth science, $1,343,000,000 of 

9 which $5,000,000 shall be for abrupt climate 

10 change research. research, of which $90,800,000 

11 shall be for earth science applications. 

12 (C) Biological and physical research, 

13 $941,000,000. 

14 (D) Aeronautics Technology, 

15 $926,000,000. 

16 (E) Education, $170,000,000, of which 

17 $1,000,000 shall be for scholarships under sec18 tion 504. 504 and $20,000,000 shall be for the 

19 Experimental Program to Stimulate Competitive 

20 Research. 

21 (5) Fiscal year 2009: 

22 (A) Space science, $5,561,000,000. 

23 (B) Earth science, $1,474,000,000 of 

24 which $5,000,000 shall be for abrupt climate 
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1 change research. research, of which $90,800,000 

2 shall be for earth science applications. 

3 (C) Biological and physical research, 

4 $944,000,000. 

5 (D) Aeronautics Technology, 

6 $942,000,000. 

7 (E) Education, $170,000,000, of which 

8 $1,000,000 shall be for scholarships under sec9 tion 504. 504 and $20,000,000 shall be for the 

10 Experimental Program to Stimulate Competitive 

11 Research. 

12 SEC. 103. INSPECTOR GENERAL. 

13 Subject to the limitation in section 105, there are au14 thorized to be appropriated to NASA for the Office of In15 spector General— 

16 (1) for fiscal year 2005, $28,000,000, 

17 (2) for fiscal year 2006, $29,000,000, 

18 (3) for fiscal year 2007, $30,000,000, 

19 (4) for fiscal year 2008, $31,000,000, and 

20 (5) for fiscal year 2009, $32,000,000. 

21 SEC. 104. INDEPENDENT TECHNICAL ENGINEERING AU22 THORITY AUTHORIZATIONS. 

23 Subject to the limitation in section 105, there are au24 thorized to be appropriated to NASA for the technical en-
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1 gineering authority established under section 202 of this 

2 Act— 

3 (1) for fiscal year 2005, $15,000,000; 

4 (2) for fiscal year 2006, $15,500,000; 

5 (3) for fiscal year 2007, $16,000,000; 

6 (4) for fiscal year 2008, $16,400,000; and 

7 (5) for fiscal year 2009, $17,000,000. 

8 SEC. 105. TOTAL AUTHORIZATIONS. 

9 Notwithstanding any other provision of this title, the 

10 total amount authorized to be appropriated to NASA 

11 under this Act, shall not exceed— 

12 (1) for fiscal year 2005, $16,245,000,000; 

13 (2) for fiscal year 2006, $17,125,000,000; 

14 $17,003,000,000; 

15 (3) for fiscal year 2007, $17,727,584,000; 

16 $17,816,000,000; 

17 (4) for fiscal year 2008, $17,581,562,000 ; 

18 $18,002,000,000; and 

19 (5) for fiscal year 2009, $17,676,948,000. 

20 $18,034,000,000. 

21 TITLE II—SPACE SHUTTLE 

22 RETURN TO FLIGHT 

23 SEC. 201. LESSONS-LEARNED PROGRAM. 

24 Within 180 days after the date of enactment of this 

25 Act, the Administrator shall establish an agency-wide les-
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1 sons-learned and best practices program to ensure that 

2 lessons learned and best practices at NASA are available 

3 to all employees. The Administrator shall determine the 

4 process and frequency by which the information is pro5 vided to NASA’s employees. The program— 

6 (1) may include experiences realized outside of 

7 NASA; 

8 (2) shall include criteria by which entries in the 

9 program are determined; and 

10 (3) shall use a standardized, user-friendly for11 mat for data reports. 

12 SEC. 202. INDEPENDENT TECHNICAL ENGINEERING AU13 THORITY. 

14 (a) IN GENERAL.—Within 1 year after the date of 

15 enactment of this Act, the Administrator shall establish 

16 within NASA a Technical Engineering Authority that— 

17 (1) has its own budgetary line within NASA’s 

18 budget; 

19 (2) does not have any programmatic connection 

20 to, or responsibility for cost and schedule; 

21 (3) will serve as a resource for the entire agen22 cy; 

23 (4) is responsible for all technical standards 

24 and all waivers to them for the Space Shuttle pro-
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1 gram and any other program designated by the Ad2 ministrator; and 

3 (5) will develop and build a disciplined systemic 

4 approach for identifying, analyzing, and controlling 

5 hazards throughout the life cycle of the Space Shut6 tle system or any other program designated by the 

7 Administrator. 

8 (b) FUNCTIONS.—The Authority established under 

9 subsection (a) shall— 

10 (1) develop and maintain technical standards 

11 for all Space Shuttle Program projects and ele12 ments; 

13 (2) be the sole waiver-granting authority for all 

14 technical standards; 

15 (3) conduct trend and risk analysis at the sub16 system, system, and enterprise level; 

17 (4) own the failure mode, effects analysis and 

18 hazard reporting systems; 

19 (5) conduct integrated hazard analysis; 

20 (6) decide what is and is not an anomalous 

21 event; 

22 (7) independently verify launch readiness; 

23 (8) approve the provisions of the recertification 

24 program called for in section 205 of this Act; and 
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1 (9) approve all mission simulated activities, in2 cluding testing of abort scenarios, ‘‘GO’’ and ‘‘NO3 GO’’ decisions, and other ‘‘red-teaming’’ activities. 

4 (c) IMPLEMENTATION PLAN.—Within 180 days after 

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

6 submit to the Senate Committee on Commerce, Science, 

7 and Transportation and the House of Representatives 

8 Committee on Science, a plan for defining, establishing, 

9 transitioning, and implementing the Authority. 

10 (d) ANNUAL REPORT.—The Administrator shall in11 clude a report on the activities of the Authority as part 

12 of NASA’s annual budget request. 

13 SEC. 203. SAFETY AND INTEGRATION. 

14 (a) SAFETY AND MISSION ASSURANCE.—The Admin15 istrator shall provide the Office of Safety and Mission As16 surance— 

17 (1) direct line authority over the entire Space 

18 Shuttle safety organization; and 

19 (2) independent funding. 

20 (b) SPACE SHUTTLE INTEGRATION.—The Adminis21 trator shall reorganize the Space Shuttle Integration Of22 fice to ensure that it is capable of integrating all elements 

23 of the Space Shuttle program, including the orbiters. 

24 (c) SUBMISSION OF IMPLEMENTATION PLANS TO

25 CONGRESS.—Within 180 days after the date of enactment 
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1 of this Act, the Administrator shall submit to the Senate 

2 Committee on Commerce, Science, and Transportation 

3 and the House of Representatives Committee on Science 

4 a plan for defining, establishing, transitioning, and imple5 menting— 

6 (1) the direct line authority over the entire 

7 Space Shuttle safety organization and the inde8 pendent funding for the Office of Safety and Mission 

9 Assurance required by subsection (a); and 

10 (2) the reorganization of the Space Shuttle In11 tegration Office required by subsection (b). 

12 SEC. 204. RECERTIFICATION OF SPACE SHUTTLE. 

13 (a) IN GENERAL.—The Administrator, after approval 

14 by the Technical Engineering Authority established in sec15 tion 202 of this Act, shall recertify the Space Shuttle or16 biters for operation prior to any operations beyond 2010. 

17 The recertification shall be conducted on the material, 

18 component, subsystem, and system levels and shall be in19 cluded as part of the Shuttle Service Life Extension pro20 gram. 

21 (b) PLAN TO BE SUBMITTED.—If the Administrator 

22 determines that it is necessary to operate the Space Shut23 tle orbiters after 2010, the Administrator shall submit 

24 plans, including costs and scheduling, before 2009 for re25 certifying the Space Shuttle orbiters consistent with the 
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1 requirements of subsection (a), before commencing any 

2 such recertification to the Senate Committee on Com3 merce, Science, and Transportation and the House of Rep4 resentatives Committee on Science. The plan shall be ap5 proved by the Technical Engineering Authority as estab6 lished under section 202 of this Act. 

7 (c) UPGRADE OF DRAWING SYSTEM.—The Adminis8 trator shall establish a long-term program to upgrade the 

9 Space Shuttle and the International Space Station engi10 neering drawing systems. The upgrade shall include— 

11 (1) review of drawings for accuracy; 

12 (2) conversion of all drawing to a computer13 aided drafting system; and 

14 (3) incorporation of drawing changes. 

15 SEC. 205. RETURN TO FLIGHT CERTIFICATION. 

16 The Administrator may not return the Space Shuttle 

17 program to launching orbiters until all safety rec18 ommendations of the Columbia Accident Investigation 

19 Board report which were identified as ‘‘Return To Flight’’ 

20 tasks have been completely satisfied. The Administrator 

21 shall certify to the Senate Committee on Commerce, 

22 Science, and Transportation and the House of Represent23 atives Committee on Science that those recommendations 

24 have been satisfied before the first such return to launch. 
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1 SEC. 206. LAUNCH PLANS FOR INTERNATIONAL SPACE STA2 TION. 

3 Within 60 days after the date of enactment of this 

4 Act, the Administrator shall submit to Senate Committee 

5 on Commerce, Science, and Transportation and the House 

6 of Representatives Committee on Science plans for launch7 ing assembly elements, crew, and supplies to the Inter8 national Space Station from the year 2010 through the 

9 year 2014. 

10 SEC. 207. REPORT ON STATUS OF UPGRADES TO SPACE 

11 SHUTTLE. 

12 Not later than 180 days after the date of the enactment 

13 of this Act, the Administrator shall submit to the Committee 

14 on Commerce, Science, and Transportation of the Senate 

15 and the Committee on Science of the House of Representa16 tives a report on the current status of the following: 

17 (1) The upgrades to the Space Shuttle that were 

18 recommended for Return to Flight activities of the 

19 Space Shuttle by the Columbia Accident Investigation 

20 Board. 

21 (2) Any other upgrades to the Space Shuttle 

22 being undertaken to improve the safety or reliability 

23 of the Space Shuttle fleet. 
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1 SEC. 208. RETENTION OF SPACE LAUNCH EXPERTISE AFTER 

2 RETIREMENT OF SPACE SHUTTLE. 

3 (a) COMMENCEMENT OF OPERATIONS OF NEXT GEN4 ERATION OF LAUNCH VEHICLES.—After the retirement of 

5 the Space Shuttle fleet from active operations, the Adminis6 trator shall take appropriate actions to bring the next gen7 eration of United States manned space launch vehicles into 

8 operation as soon as is safely possible. 

9 (b) PRESERVATION OF EXPERTISE DURING EXTENDED

10 HIATUS.—If the Administrator is unable to bring the next 

11 generation of United States manned space launch vehicles 

12 into operation within one year of the retirement of the 

13 Space Shuttle fleet from active operations, the Adminis14 trator may carry out a personnel program to retain within 

15 NASA a cadre of personnel having the skills and expertise 

16 necessary to conduct safe launches and operations of the 

17 next generation of United States manned space launch vehi18 cles. 

19 (c) REPORT ON PERSONNEL PROGRAM.—The Admin20 istrator shall submit to the Committee on Commerce, 

21 Science, and Transportation of the Senate and the Com22 mittee on Science of the House of Representatives a report 

23 setting forth a description of the personnel program author24 ized by subsection (b). The report shall include an assess25 ment of the funding required to carry out the program and 
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1 a description of any legislative or administrative actions 

2 to be required to carry out the program. 

3 TITLE III—NASA’S NEW VISION 

4 SEC. 301. EXPLORATION INITIATIVE. 

5 The National Aeronautics and Space Act of 1985 

6 1958 (42 U.S.C. 2451 et seq.) is amended by adding at 

7 the end the following: 

8 ‘‘TITLE V—SOLAR SYSTEM 

9 EXPLORATION 

10 ‘‘SEC. 501. SOLAR SYSTEM EXPLORATION INITIATIVE. 

11 ‘‘(a) IN GENERAL.—The Administrator of the Na12 tional Aeronautics and Space Administration shall estab13 lish a program— 

14 ‘‘(1) to implement a sustained and affordable 

15 human and robotic exploration of the solar system 

16 and beyond; 

17 ‘‘(2) to extend human presence across the solar 

18 system, starting with a human return to the Moon 

19 by the year 2020, in preparation for human explo20 ration of Mars and other destinations; 

21 ‘‘(3) to develop the innovative technologies, 

22 knowledge, and infrastructures both to explore and 

23 to support decisions about the destinations for 

24 human exploration; and 
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1 ‘‘(4) to promote international and commercial 

2 participation in exploration to further United States 

3 scientific, security, and economic interests. 

4 ‘‘(b) ACTION REQUIRED.—To accomplish the goals of 

5 the program, the Administrator shall— 

6 ‘‘(1) return the Space Shuttle to flight con7 sistent with safety concerns and the recommenda8 tions of the Columbia Accident Investigation Board, 

9 with the chief purpose to help finish assembly of the 

10 International Space Station; 

11 ‘‘(2) retire the Space Shuttle as soon as assem12 bly of International Space Station is completed; 

13 ‘‘(3) begin developing a new crewed exploration 

14 vehicle to explore beyond Earth orbit to be ready for 

15 testing by the end of the decade, and to conduct its 

16 first human mission no later than 2014; and 

17 ‘‘(4) take the steps necessary to return humans 

18 to Earth’s moon as early as 2015 and no later than 

19 2020, and use the Moon as a stepping-stone for mis20 sions to Mars and other destinations in space.’’. 

21 SEC. 302. HUMAN MISSIONS TO THE MOON AND MARS. 

22 (a) REPORT ON ACTIVITIES AND FUNDING BUDG23 ETED FOR FISCAL YEAR 2005.—Within 60 days after the 

24 date of enactment of this Act, the Administrator shall 

25 transmit a report to the Senate Committee on Commerce, 
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1 Science, and Transportation and the House of Represent2 atives Committee on Science that identifies all activities 

3 and funding, using full cost accounting, in the fiscal year 

4 2005 budget request that support human missions to the 

5 Moon and Mars. 

6 (b) INCLUSION IN BUDGET REQUEST.—The Admin7 istrator shall include in NASA’s annual budget request all 

8 activities and funding, using full cost accounting, that sup9 port human missions to the Moon and Mars. 

10 SEC. 303. SYSTEMS REQUIREMENTS DOCUMENT. 

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

12 of enactment of this Act, the Administrator shall submit 

13 a system requirements document to the Senate Committee 

14 on Commerce, Science, and Transportation and the House 

15 of Representatives Committee on Science that includes— 

16 (1) the baseline technical requirements for 

17 NASA to conduct a human mission to the Moon by 

18 2014 2020 and the eventual human mission to the 

19 planet Mars; and 

20 (2) a description of the process for making revi21 sions to the document. 

22 (b) REPORT TO BE COMBINED WITH SECTION 304 

23 REPORT.—The Administrator shall combine the report re24 quired under subsection (a) with the life cycle cost esti-
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1 mate required by section 304 and submit them as a single 

2 document. 

3 SEC. 304. LIFE CYCLE COST ESTIMATE. 

4 (a) SUBMISSION OF ESTIMATE TO CONGRESS.— 

5 Within 180 days after the date of enactment of this Act, 

6 the Administrator shall submit a life cycle cost estimate 

7 for a manned mission manned missions to the Moon to 

8 the Senate Committee on Commerce, Science, and Trans9 portation and the House of Representatives Committee on 

10 Science. The Administrator shall ensure that the life cycle 

11 cost estimate has been approved by the Chief Engineer 

12 and reviewed by an independent organization prior to sub13 mission. The cost estimate shall also include whether or 

14 not the planned budgetary profile for these missions as 

15 submitted in NASA’s fiscal year 2005 budget request is 

16 sufficient to meet the targeted dates of the missions. 

17 (b) GAO REVIEW.—Within 90 days after the Admin18 istration submits the life cycle cost estimate to the Com19 mittees under subsection (a), the Comptroller General 

20 shall conduct a review of the estimate and transmit a re21 port containing the results of that review to those Commit22 tees. 

23 (c) REVISED ESTIMATES.—After the first life cycle 

24 cost estimate under subsection (a) has been submitted to 

25 the Committees, the Administrator shall prepare and sub-
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1 mit, in accordance with the requirements of subsection (a) 

2 but without regard to the last sentence thereof, a revised 

3 life cycle cost estimate for the mission for each fiscal year 

4 to the Committees on or before the date on which the 

5 President submits the Budget of the United States to the 

6 Congress. 

7 SEC. 305. COMMERCIALIZATION PLAN WITH OFFICE OF 

8 SPACE COMMERCIALIZATION. 

9 (a) IN GENERAL.—The Administrator and the Direc10 tor of the Office of Space Commercialization of the De11 partment of Commerce shall develop a commercialization 

12 plan to support the human missions to the Moon and 

13 Mars. Mars and earth science missions and applications. 

14 The plan shall identify opportunities for the private sector 

15 to participate in the future missions missions and activi16 ties, including opportunities for partnership between 

17 NASA and the private sector in the development of tech18 nologies and services. 

19 (b) REPORT.—Within 180 days after the date of en20 actment of this Act, the Administrator and the Director 

21 jointly shall submit a copy of the plan to the Senate Com22 mittee on Commerce, Science, and Transportation and the 

23 House of Representatives Committee on Science. 

24 (c) REPORT TO BE COMBINED WITH SECTION 306 

25 REPORT.—The Administrator shall combine the plan re-
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1 quired under subsection (b) with the report required by 

2 section 306 and submit them as a single document. 

3 SEC. 306. INDUSTRIAL ASSESSMENT. 

4 (a) IN GENERAL.—The Administrator and the Direc5 tor of the Office of Space Commercialization of the De6 partment of Commerce shall develop an assessment of the 

7 capability of the private sector, including small businesses, 

8 to support the manned missions to the Moon and Mars. 

9 Mars and earth science missions and applications. The as10 sessment shall include the ability of private industry to 

11 support— industry— 

12 (1) to assist in the definition of basic program 

13 requirements; 

14 (2) an assessment of current technologies and 

15 shortfalls; and 

16 (3) the production and manufacturing capabili17 ties necessary to implement the manned missions to 

18 the Moon and Mars. 

19 (2) to evaluate current technologies and identify 

20 technology gaps; 

21 (3) to produce and manufacture the systems nec22 essary to implement the manned missions to the Moon 

23 and Mars; and 

24 (4) to support earth science data and applica25 tions requirements. 
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1 (b) REPORT.—Within 180 days after the date of en2 actment of this Act, the Administrator and the Director 

3 jointly shall submit a copy of the assessment to the Senate 

4 Committee on Commerce, Science, and Transportation 

5 and the House of Representatives Committee on Science. 

6 SEC. 307. REPORTS ON COSTS OF MAJOR SYSTEMS. 

7 (a) QUARTERLY LIFE CYCLE COST REPORTS.— 

8 (1) IN GENERAL.—The program manager for 

9 each major system, as determined by the Adminis10 trator, of the solar system exploration initiative 

11 under section 501 of the National Aeronautics and 

12 Space Act of 1958, as added by section 301 of this 

13 Act, shall submit to the Administrator, within 7 

14 days after the end of each quarter of the fiscal year, 

15 a written report on the major system for which such 

16 manager has responsibility. The Administrator shall 

17 submit a listing of all major systems to the Senate 

18 Committee on Commerce, Science, and Transpor19 tation and the House of Representatives Committee 

20 on Science within 180 days after the date of enact21 ment of this Act. The program manager shall in22 clude in each such report the total life cycle cost for 

23 such major system as of the last day of such quarter 

24 and the history of the total life cycle cost of each 
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1 major system from the date on which funds were first 

2 authorized to be appropriated for such system. 

3 (2) COST OVERRUN REPORTS.—If at any time 

4 during a fiscal year the program manager of a major 

5 system referred to in paragraph (1) has reasonable 

6 cause to believe that the total life cycle cost has ex7 ceeded the applicable percentage increase specified 

8 in subsection (b), the manager shall immediately 

9 submit to the Administrator a report containing the 

10 information, as of the date of such report, required 

11 by paragraph (1). 

12 (3) SCHEDULE OR SYSTEM CHANGES.—The 

13 program manager shall also include in each report 

14 submitted pursuant to paragraph (1) or (2) any 

15 change from schedule milestones or system perform16 ances requirements with respect to such system that 

17 are known, expected, or anticipated by such man18 ager. 

19 (b) STOP-LOSS PROVISIONS FOR 15 PERCENT COST

20 OVERRUNS.— 

21 (1) SYSTEMS.—If the Administrator deter22 mines, on the basis of any report submitted to him 

23 pursuant to subsection (a), that the total life cycle 

24 cost (including any increase for expected inflation) 

25 for any major system has increased by more than 15 
28 

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1 percent over the total life cycle cost for such system, 

2 then (except as provided in paragraph (2)) no addi3 tional funds may be obligated in connection with 

4 such system after the end of the 30-day period be5 ginning on the day on which the Administrator 

6 makes such determination. The Administrator shall 

7 notify the Senate Committee on Commerce, Science, 

8 and Transportation and the House of Representa9 tives Committee on Science promptly in writing of 

10 such increase upon making such a determination 

11 with respect to any such major system and shall in12 clude in such notice the date on which such deter13 mination was made. 

14 (2) EXCEPTION.—The prohibition contained in 

15 paragraph (1) on the obligation of funds shall not 

16 apply in the case of any major system to which such 

17 prohibition would otherwise apply if the Adminis18 trator submits to the Senate Committee on Com19 merce, Science, and Transportation and the House 

20 of Representatives Committee on Science, before the 

21 end of the 30-day period referred to in paragraph 

22 (1), a written report which includes— 

23 (A) a statement of the reasons for such in24 crease in total life cycle cost or procurement 

25 cost; 
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1 (B) the identities of the program officers 

2 responsible for program management and cost 

3 control of the major system; 

4 (C) the action taken and proposed to be 

5 taken to control future cost growth of such sys6 tem; 

7 (D) any changes made in the performance 

8 or schedule milestones of such system and the 

9 degree to which such changes have contributed 

10 to the increase in total life cycle cost or pro11 curement cost; 

12 (E) the identities of the principal contrac13 tors for the major system; and 

14 (F) an index of all testimony and docu15 ments formally provided to the Congress on the 

16 estimated cost of such system. 

17 (c) STOP-LOSS PROVISION FOR 25 PERCENT COST

18 OVERRUNS.— 

19 (1) IN GENERAL.—If the Administrator— 

20 (A) determines, on the basis of a report 

21 submitted to him pursuant to subsection (a)— 

22 (i) that the total life cycle cost (in23 cluding an increase for expected inflation) 

24 for a major system has increased by more 
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1 than 25 percent over the total life cycle 

2 cost, or 

3 (ii) that the current procurement cost 

4 of such system has increased by more than 

5 25 percent over the initial procurement 

6 cost, in the case of any such system for 

7 which procurement funds are authorized to 

8 be appropriated by this Act, and 

9 (B) has submitted a report to the Senate 

10 Committee on Commerce, Science, and Trans11 portation and the House of Representatives 

12 Committee on Science with respect to such sys13 tem pursuant to subsection (b)(3), 

14 then (except as provided in paragraph (2)) no addi15 tional funds may be obligated in connection with 

16 such system after the end of the 60-day period be17 ginning on the day on which the Administrator 

18 makes such determination. 

19 (2) EXCEPTION.—The prohibition contained in 

20 paragraph (1) on the obligation of funds shall not 

21 apply in the case of a major system to which such 

22 prohibition would otherwise apply if the Adminis23 trator submits to the Senate Committee on Com24 merce, Science, and Transportation and the House 

25 of Representatives Committee on Science, before the 
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1 end of the 60-day period referred to in such para2 graph, a written certification stating that— 

3 (A) such system is essential to the future 

4 of the Exploration Initiative; 

5 (B) there are no alternatives to such sys6 tem which will provide equal or greater capa7 bility at less cost; 

8 (C) the new estimates of the total program 

9 acquisition cost or procurement cost are reason10 able; and 

11 (D) the management structure for such 

12 major system is adequate to manage and con13 trol total program acquisition cost or procure14 ment cost. 

15 SEC. 308. INTERNATIONAL COOPERATION. 

16 (a) REPORT ON OPPORTUNITIES FOR INTERNATIONAL

17 COOPERATIONS.—Within 180 days after the date of enact18 ment of this Act, NASA shall provide a report to the Sen19 ate Committee on Commerce, Science, and Transportation 

20 and the House of Representatives Committee on Science 

21 on opportunities for international cooperation from all 

22 space faring nations on a human mission to the Moon and 

23 Mars. The report shall present a variety of options for the 

24 United States to enter into partnership with other nations 

25 in pursuit of the program established by section 301 of 
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1 this Act. The report shall be developed in cooperation with 

2 the Department of State and other appropriate agencies. 

3 (b) COOPERATION ON INTERNATIONAL SPACE STA4 TION.— 

5 (1) FINDING.—Congress finds that international 

6 cooperation on a robust International Space Station 

7 (ISS) program is an essential step in building rela8 tions and commitments for the joint international 

9 pursuit of human exploration of the solar system. 

10 (2) INTERNATIONAL COOPERATION.—The Admin11 istrator shall ensure that NASA fully complies with 

12 all its commitments with its international partners 

13 on the construction, operation, and maintenance of 

14 the International Space Station. 

15 (3) REPORT ON INCREASE IN CREW SIZE AND

16 SCIENCE CAPABILITIES.—Not later than 120 days 

17 after the date of the enactment of this Act, the Admin18 istrator shall submit to the committees referred to in 

19 subsection (a) a report setting forth various options 

20 for increasing the crew size of the International Space 

21 Station to as many as six crew members, with a com22 mensurate expansion of the science capabilities of the 

23 International Space Station. The report shall assess 

24 for each such option the cost, potential schedule, and 

25 logistics requirements of such option. 
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1 SEC. 309. TECHNOLOGY TRANSFER AND LICENSING OF2 FICE. 

3 (a) ESTABLISHMENT OF THE OFFICE.—The Admin4 istrator shall establish a Technology Transfer and Licens5 ing Office within the program established under section 

6 301. The Office shall— 

7 (1) facilitate the transfer of technologies into 

8 and out of the agency; and 

9 (2) handle the licensing activities of the agency. 

10 (b) TECHNOLOGY TRANSFER PLAN.—Not later than 

11 180 days after the date of enactment of this Act, the Ad12 ministrator shall develop and implement a technology 

13 transfer plan for the program. The technology transfer 

14 plan shall include— 

15 (1) a framework of oversight and administrative 

16 requirements for carrying out technology transfer 

17 activities; 

18 (2) a description of how the program will iden19 tify, assess, license, and monitor research and devel20 opment projects that the agency and its related fa21 cilities determine have a potential for public and 

22 commercial application; and 

23 (3) procedures for the dissemination of infor24 mation on Federally owned or originated products, 

25 processes, and services to interested parties. parties; 

26 and 
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1 (4) a description of the role of dual-use partner2 ships to facilitate transfer of technology to the private 

3 sector. 

4 (c) PLAN AND REPORT.—The Administrator shall 

5 transmit a copy of the plan, together with recommenda6 tions (including legislative recommendations) if any, to the 

7 Senate Committee on Commerce, Science, and Transpor8 tation and the House of Representatives Committee on 

9 Science within 1 year after the date of enactment of this 

10 Act. 

11 SEC. 310. ROBOTIC LUNAR MISSIONS. 

12 Within 6 months after the date of enactment of this 

13 Act, the Administrator shall submit a plan to the Senate 

14 Committee on Commerce, Science, and Transportation 

15 and the House of Representatives Committee on Science 

16 for the robotic lunar missions to the Earth’s moon within 

17 3 years. The plan should include the specific science and 

18 technical goals to be met, the role of scientific peer review 

19 panels in selecting missions, and the use of the private 

20 sector to accomplish the goals of the mission. 

21 SEC. 311. LEGAL ASPECTS OF LUNAR EXPLORATION. 

22 The Administrator, in consultation with the Secretary 

23 of State, shall submit a legal review and interpretation of 

24 laws and treaties governing the exploration of space and 

25 the possible ownership of resources on the Moon and 
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1 Mars. The review should determine if any changes or new 

2 agreements are needed to reflect the growing role of the 

3 private sector in space exploration. The review shall be 

4 submitted to the Senate Committee on Commerce, 

5 Science, and Transportation and the House of Represent6 atives Committee on Science within 90 days of enactment 

7 of this Act. 

8 SEC. 312. NASA ENGINEERING SCHOOL. 

9 (a) ESTABLISHMENT.—The Administrator shall es10 tablish a NASA Engineering School. The school shall be 

11 available to all employees of NASA and its contractors to 

12 facilitate increased knowledge of engineering and scientific 

13 principles to further the missions of NASA. 

14 (b) PURPOSE.—The purpose of the school is to pro15 vide a unique training program to bridge the gap between 

16 the broad-based training provided by universities, and the 

17 specific training needed to understand the different tech18 nologies which form the basis for work at NASA. 

19 (c) SUBMISSION OF PLAN.—Within 180 days after 

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

21 submit to the Senate Committee on Commerce, Science, 

22 and Transportation and the House of Representatives 

23 Committee on Science a plan for establishing the school. 
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1 SEC. 313. CONTINUITY OF U.S. HUMAN SPACE FLIGHT. 

2 (a) FINDING.—The Congress finds that a prolonged 

3 gap of 1 or more years in the United States’ capability 

4 to transport astronauts to and from space is inconsistent 

5 with policy objectives of the United States human space 

6 flight program. 

7 (b) SPACE SHUTTLE OPERATIONS AND MAINTENANCE

8 REPORTING REQUIREMENT.—No later than 1 year after the 

9 date of enactment of this Act, the Administrator shall trans10 mit to the Senate Committee on Commerce, Science, and 

11 Transportation and the House of Representatives Com12 mittee on Science, a report, including estimates of costs and 

13 scheduling, on requirements for enabling the extension of 

14 Shuttle operations and maintenance until project Constella15 tion Exploration Transportation System has been tested 

16 with humans. 

17 (c) SENSE OF THE SENATE.—It is the sense of the Sen18 ate that NASA shall take all necessary steps to have a 

19 human rated vehicle to provide access to space operational 

20 before ceasing Space Shuttle operations, but that taking 

21 such steps should not impede the development of the Crew 

22 Exploration Vehicle. 
37 

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1 TITLE IV—MISCELLANEOUS 

2 SEC. 401. INTEGRATED FINANCIAL MANAGEMENT PRO3 GRAM. 

4 Within 120 days after the date of enactment of this 

5 Act, the Chief Financial officer shall provide a report to 

6 the Senate Committee on Commerce, Science, and Trans7 portation and the House of Representatives Committee on 

8 Science on NASA’s ability to improve its financial man9 agement. The report shall include— 

10 (1) a statement of the status of the implemen11 tation of the integrated financial management pro12 gram; and 

13 (2) a description of plans and architecture for 

14 the full implementation of the management system. 

15 SEC. 402. FUTURE LAUNCH PLAN. 

16 Within 180 days after the date of enactment of this 

17 Act, the Administrator shall transmit to the Senate Com18 mittee on Commerce, Science, and Transportation and the 

19 House of Representatives Committee on Science a plan for 

20 future launches of space vehicles that includes an estimate 

21 of costs, schedules, and factors relevant to other United 

22 States space sectors. The plan should address assessments 

23 of reusable components and approaches that can lead to 

24 significant cost reductions in United States access to 

25 space. space, the impact of development schedule options 
38 

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1 on the Unites States aerospace industry workforce, produc2 tion lines, and research and development capabilities, and 

3 on NASA propulsion testing utilization. 

4 SEC. 403. COMMERCIAL GOODS AND SERVICES. 

5 It is the sense of the Congress that NASA should 

6 purchase commercially available space goods and services 

7 to the fullest extent feasible in support of the human mis8 sions to the Moon and Mars and shall and should not con9 duct activities with commercial applications that preclude 

10 or deter commercial space activities except for reasons of 

11 national security or public safety. For purposes of this sec12 tion— 

13 (1) a space good or service shall be considered 

14 to be commercially available if it is offered by a com15 mercial provider, or if it could be supplied by a com16 mercial provider in response to a Government pro17 curement request; and 

18 (2) a purchase shall be considered to be feasible 

19 if it meets mission requirements in a cost-effective 

20 manner while offering the same or a higher level of 

21 safety. 

22 SEC. 404. INDUSTRY ADVISORY BOARD. 

23 The Administrator shall establish an Industry Advi24 sory Board to review and discuss opportunities for the pri25 vate sector to invest in and take advantage of activities 
39 

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1 at NASA. The Board shall meet at least twice a year with 

2 the Administrator or his designee. 

3 SEC. 405. REQUIREMENT FOR INDEPENDENT COST ANAL4 YSIS. 

5 Section 301 of the National Aeronautics and Space 

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

7 2459g) is amended— 

8 (1) by striking the first sentence of subsection 

9 (a) and inserting ‘‘For each project that is projected 

10 to cost more than $250,000,000 in total project 

11 costs, the Chief Financial Officer for the National 

12 Aeronautics and Space Administration shall conduct 

13 and consider an independent life-cycle cost analysis 

14 and report the results of that analysis to the Senate 

15 Committee on Commerce, Science, and Transpor16 tation and the House of Representatives Committee 

17 on Science as soon as practicable after the contract, 

18 or contracts, for the project have been awarded.’’; 

19 and 

20 (2) by striking subsection (b) and inserting the 

21 following: 

22 ‘‘(b) TOTAL PROJECT COSTS.—In this section, the 

23 term ‘total project costs’ includes— 

24 ‘‘(1) all activity in the life cycle of a program 

25 or project after preliminary design, independent as-
40 

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1 sessment of the preliminary design, and approval to 

2 proceed into implementation; and 

3 ‘‘(2) design, development, testing, certification, 

4 launch, operations, and disposal.’’. 

5 SEC. 406. ELECTRONIC ACCESS TO BUSINESS OPPORTUNI6 TIES. 

7 Title III of the National Aeronautics and Space Act 

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

9 at the end the following: 

10 ‘‘SEC. 316. ELECTRONIC ACCESS TO BUSINESS OPPORTUNI11 TIES. 

12 ‘‘(a) IN GENERAL.—The Administrator may imple13 ment a pilot program providing for reduction in the wait14 ing period between publication of notice of a proposed con15 tract action and release of the solicitation for procure16 ments conducted by the National Aeronautics and Space 

17 Administration. 

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

19 under subsection (a) shall apply to non-commercial acqui20 sitions— 

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

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

23 ‘‘(2) that do not involve bundling of contract re24 quirements as defined in section 3(o) of the Small 

25 Business Act (15 U.S.C. 632(o)); and 
41 

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1 ‘‘(3) for which a notice is required by sub2 section 8(e) of the Small Business Act (15 U.S.C. 

3 637(e)) and subsection 18(a) of the Office of Fed4 eral Procurement Policy Act (41 U.S.C. 416(a)). 

5 ‘‘(c) NOTICE.— 

6 ‘‘(1) Notice of acquisitions subject to the pro7 gram authorized by this section shall be made acces8 sible through the single Government-wide point of 

9 entry designated in the Federal Acquisition Regula10 tion, consistent with paragraph 30(c)(4) of the Of11 fice of Federal Procurement Policy Act (41 U.S.C. 

12 426(c)(4)). 

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

14 with paragraph (1) satisfies the publication require15 ments of subsection 8(e) of the Small Business Act 

16 (15 U.S.C. 637(e)) and subsection 18(a) of the Of17 fice of Federal Procurement Policy Act (41 U.S.C. 

18 416(a)). 

19 ‘‘(d) SOLICITATION.—Solicitations subject to the pro20 gram authorized by this section shall be made accessible 

21 through the single Government-wide point of entry, con22 sistent with requirements set forth in the Federal Acquisi23 tion Regulation, except for adjustments to the wait periods 

24 as provided in subsection (e). 

25 ‘‘(e) WAIT PERIODS.— 
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1 ‘‘(1) Whenever a notice required by section 

2 8(e)(1)(A) of the Small Business Act (15 U.S.C 

3 637(e)(1)(A)) and section 18(a) of the Office of 

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

5 is made accessible in accordance with subsection (c) 

6 of this section, the wait period set forth in section 

7 8(e)(3)(A) of the Small Business Act (15 U.S.C. 

8 637(e)(3)(A)) and section 18(a)(3)(A) of the Office 

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

10 416(a)(3)(A)), shall be reduced by 5 days. If the so11 licitation applying to that notice is accessible elec12 tronically in accordance with subsection (d) simulta13 neously with issuance of the notice, the wait period 

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

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

16 18(a)(3)(A) of the Office of Federal Procurement 

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

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

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

20 Office of Federal Procurement Policy Act (41 U.S.C. 

21 416(a)(3)(B)) for submission of bids or proposals 

22 shall begin to run from the date the solicitation is 

23 electronically accessible. 

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

25 accessible simultaneously and the wait period is 
43 

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

2 the submission of bids or proposals shall be not less 

3 than 5 days greater than the minimum deadline set 

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

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

6 18(a)(3)(B) of the Office of Federal Procurement 

7 Policy Act (41 U.S.C. 416(a)(3)(B)). 

8 ‘‘(f) IMPLEMENTATION.— 

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

10 as modifying regulatory requirements set forth in 

11 the Federal Acquisition Regulation, except with re12 spect to— 

13 ‘‘(A) the applicable wait period between 

14 publication of notice of a proposed contract ac15 tion and release of the solicitation; and 

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

17 proposals for procurements conducted in ac18 cordance with the terms of this pilot program. 

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

20 the President determines it is inconsistent with any 

21 international agreement to which the United States 

22 is a party. 

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

24 date of the program, NASA shall evaluate the impact of 

25 the pilot program and submit to the Senate Committee 
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1 on Commerce, Science, and Transportation and the House 

2 of Representatives Committee on Science a report that— 

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

4 including the impact on competition and small busi5 ness participation; and 

6 ‘‘(2) at the discretion of the President, address7 es whether the pilot program should be made perma8 nent, continued as a test program, or allowed to ex9 pire. 

10 ‘‘(h) EFFECTIVE DATE.— 

11 ‘‘(1) The authority set forth in this section shall 

12 take effect on the date specified in the final regula13 tions promulgated pursuant to paragraph 3. The 

14 date so specified shall be no less than 30 days after 

15 the date on which the final regulation is published. 

16 ‘‘(2) NASA shall publish proposed revisions to 

17 the NASA Federal Acquisition Regulation Supple18 ment as may be necessary to implement this section 

19 in the Federal Register not later than 120 days 

20 after the date of enactment of the National Aero21 nautics and Space Administration Authorization Act 

22 of 2004. The proposed regulations shall be made 

23 available for public comment for a period of not less 

24 than 60 days. 
45 

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1 ‘‘(3) Final regulations shall be published in the 

2 Federal Register not later than 240 days after the 

3 date of enactment of the National Aeronautics and 

4 Space Administration Authorization Act of 2004. 

5 ‘‘(i) EXPIRATION OF AUTHORITY.—The authority to 

6 conduct this pilot program under subsection (a) and to 

7 award contracts under such program shall expire 2 years 

8 after the effective date established in the final regulations 

9 published in the Federal Register.’’. 

10 SEC. 407. RETROCESSION OF JURISDICTION. 

11 Title III of the National Aeronautics and Space Act 

12 of 1958 (42 U.S.C. 2451 et seq.), as amended by section 

13 406, is amended by adding at the end the following: 

14 ‘‘SEC. 317. RETROCESSION OF JURISDICTION. 

15 ‘‘Notwithstanding any other provision of law, the Ad16 ministrator may, whenever the Administrator considers it 

17 desirable, relinquish to a State all or part of the jurisdic18 tion of the United States over lands or interests under 

19 the Administrator’s control in that State. Relinquishment 

20 of jurisdiction under this section may be accomplished— 

21 ‘‘(1) by filing with the Governor of the State 

22 concerned a notice of relinquishment to take effect 

23 upon acceptance thereof; or 

24 ‘‘(2) as the laws of the State may otherwise 

25 provide.’’. 
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1 SEC. 408. CENTENNIAL CHALLENGE PROGRAM. 

2 SEC. 406. CENTENNIAL CHALLENGE PROGRAM. 

3 Title III of the National Aeronautics and Space Act 

4 of 1958 (42 U.S.C. 2451 et seq.), as amended by section 

5 407, seq.) is amended by adding at the end the following: 

6 ‘‘SEC. 318. AUTHORITY FOR COMPETITIVE PRIZE AWARD 

7 PROGRAM TO ENCOURAGE DEVELOPMENT 

8 OF ADVANCED SPACE AND AERONAUTICAL 

9 TECHNOLOGIES. 

10 ‘‘SEC. 316. AUTHORITY FOR COMPETITIVE PRIZE AWARD 

11 PROGRAM TO ENCOURAGE DEVELOPMENT OF 

12 ADVANCED SPACE AND AERONAUTICAL TECH13 NOLOGIES. 

14 ‘‘(a) PROGRAM AUTHORIZED.—The Administrator 

15 may carry out a program, known as the Centennial Chal16 lenge Program, to award prizes to stimulate innovation in 

17 basic and applied research, technology development, and 

18 prototype demonstration that have the potential for appli19 cation to the performance of the space and aeronautical 

20 activities of the Administration. 

21 ‘‘(b) PROGRAM REQUIREMENTS.— 

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

23 prizes under the program under this section shall be 

24 selected through one or more competitions conducted 

25 by the Administrator. 
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1 ‘‘(2) ADVERTISEMENT OF COMPETITIONS.—The 

2 Administrator shall widely advertise any competi3 tions conducted under the program. 

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

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

6 of a prize in a competition under the program under 

7 this section shall register for the competition. 

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

9 a competition under paragraph (1), a potential re10 cipient of a prize shall assume any and all risks, and 

11 waive claims against the United States Government 

12 and its related entities (including contractors and 

13 subcontractors at any tier, suppliers, users, cus14 tomers, cooperating parties, grantees, investigators, 

15 and detailees), for any injury, death, damage, or loss 

16 of property, revenue, or profits, whether direct, indi17 rect, or consequential, arising from participation in 

18 the competition, whether such injury, death, dam19 age, or loss arises through negligence or otherwise, 

20 except in the case of willful misconduct. 

21 ‘‘(d) BUDGETING AND AWARDING OF FUNDS.— 

22 ‘‘(1) AVAILABILITY OF FUNDS.—Any funds ap23 propriated to carry out this section shall remain 

24 available until expended, but for not more than 4 

25 fiscal years. 
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1 ‘‘(2) DEPOSIT AND WITHDRAWAL OF FUNDS.— 

2 When a prize is offered, the total amount of funding 

3 made available for that prize shall be deposited in 

4 the Centennial Challenge Trust Fund. If funding ex5 pires before a prize is awarded, the Administrator 

6 shall deposit additional funds in the account to en7 sure the availability of funding for all prizes. If a 

8 prize competition expires before its goals are met, 

9 the Administrator may redesignate those funds for a 

10 new challenge, but any redesignated funds will be 

11 considered as newly deposited for the purposes of 

12 paragraph (3). All cash awards made under this sec13 tion shall be paid from that account. 

14 ‘‘(3) OVERALL LIMIT.—The Administrator may 

15 not deposit more than $25,000,000 annually in the 

16 Centennial Challenge Trust Fund. 

17 ‘‘(4) MAXIMUM PRIZE.—No competition under 

18 the program may result in the award of more than 

19 $1,000,000 in cash prizes without the approval of 

20 the Administrator. 

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

22 Administrator may exercise the authority in this section 

23 in conjunction with or in addition to any other authority 

24 of the Administrator to acquire, support, or stimulate 
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1 basic and applied research, technology development, or 

2 prototype demonstration projects.’’. 

3 SEC. 409. CULTURAL AND ORGANIZATIONAL ASSESSMENT. 

4 SEC. 407. CULTURAL AND ORGANIZATIONAL ASSESSMENT. 

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

6 a NASA-wide assessment to identify and define areas of 

7 cultural and organizational changes and develop a NASA8 wide plan— 

9 (1) to create a culture that promotes effective 

10 communication and encourages expression of dis11 senting views, including— 

12 (A) improving the efficiency of information 

13 and knowledge structures; and 

14 (B) developing procedures to enhance shar15 ing of knowledge and data and decision-making; 

16 (2) to increase NASA’s focus on the human ele17 ments management and organizational development, 

18 including— 

19 (A) establishing clear lines of authority, 

20 accountability, and responsibility of individual 

21 employees, work groups, and leadership; and 

22 (B) promoting an understanding of pro23 gram interdependencies and implications of 

24 management decisions across programs; 
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1 (3) to develop and implement consistent proce2 dures for leadership, management, and employee 

3 training and skill development, including hiring, pro4 motion, and succession planning; and 

5 (4) to create a robust system that institutional6 izes checks and balances to ensure the maintenance 

7 of NASA’s technical and safety standards. 

8 (b) REPORT AND PLAN.—Within 6 months after the 

9 date of enactment of this Act, the Administrator shall sub10 mit to the Senate Committee on Commerce, Science, and 

11 Transportation and the House of Representatives Com12 mittee on Science a report on the assessment conducted 

13 under subsection (a), including areas identified for cul14 tural and organizational changes and strategies and 

15 timelines for implementing the requirements of subsection 

16 (a). 

17 SEC. 410. SENSE OF THE CONGRESS REGARDING COMPETI18 TIVE CONTRACTING. 

19 SEC. 408. SENSE OF THE CONGRESS REGARDING COMPETI20 TIVE CONTRACTING. 

21 (a) FINDING.—The Congress finds that competition 

22 in contracting improves the efficiency and economy of the 

23 Government because it generally results in better products 

24 and services at lower prices. 
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1 (b) SENSE OF THE CONGRESS.—It is the sense of 

2 the Congress that NASA should— 

3 (1) strengthen its procurement process by in4 creasing its emphasis on competitive contracting; 

5 (2) take action to ensure that a structured and 

6 systemic due diligence process exists when making 

7 strategic decisions to limit competition for contract 

8 actions that are of a substantial dollar value or have 

9 significant programmatic impacts to the Agency; and 

10 (3) take measures to enhance the robustness of 

11 its procurement advocacy programs (i.e., Ombuds12 man Program and Competition Advocacy Program), 

13 which are intended to promote full and open com14 petition and improve the efficiency, economy, and in15 tegrity of the acquisition process. 

16 SEC. 411. EMPLOYEES STATIONED IN FOREIGN COUNTRIES. 

17 SEC. 409. EMPLOYEES STATIONED IN FOREIGN COUNTRIES. 

18 Title III of the National Aeronautics and Space Act 

19 of 1958 (42 U.S.C. 2451 et seq.), as amended by section 

20 408, 406, is amended by adding at the end the following: 
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1 ‘‘SEC. 319. AUTHORITY TO PAY ALLOWANCES AND BENE2 FITS TO EMPLOYEES STATIONED IN FOREIGN 

3 COUNTRIES. 

4 ‘‘SEC. 317. AUTHORITY TO PAY ALLOWANCES AND BENEFITS 

5 TO EMPLOYEES STATIONED IN FOREIGN 

6 COUNTRIES. 

7 ‘‘(a) IN GENERAL.—The Administrator, in the Ad8 ministrator’s discretion, may provide to civilian and mili9 tary personnel, if the duty station of such personnel is out10 side the United States, allowances and benefits com11 parable to those provided by the Secretary of State to offi12 cers and employees of the Foreign Service under chapter 

13 9 of title I of the Foreign Service Act of 1980 (22 U.S.C. 

14 4081 et seq.). 

15 ‘‘(b) REGULATIONS.—The Administrator shall issue 

16 such regulations as may be necessary to implement this 

17 section. Such regulations shall take effect with respect to 

18 members of a uniformed service only to the extent that 

19 the head of the executive department of which that uni20 formed service is a part has concurred in the application 

21 of the regulations to members of that uniform service. The 

22 regulations shall ensure that no person receives allowances 

23 or benefits under both this section and any other provision 

24 of law for the same purpose. 

25 ‘‘(c) RELATIONSHIP TO OTHER AUTHORITY.—The 

26 authority granted to the Administrator by this section is 
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1 in addition to authority granted to the Administrator by 

2 any other provision of law, and nothing in this section 

3 shall be construed to impair or otherwise affect the au4 thority of the Administrator under any other provision of 

5 law. 

6 ‘‘(d) FUNDING.—Funds appropriated to the Adminis7 tration shall be available for obligation and expenditure 

8 to carry out this section. 

9 ‘‘(e) DEFINITIONS.—In this section: 

10 ‘‘(1) UNITED STATES.—The term ‘United 

11 States’ means the 50 States and the District of Co12 lumbia. 

13 ‘‘(2) CIVILIAN PERSONNEL.—The term ‘civilian 

14 personnel’ means civilian officers and employees of 

15 the United States Government employed by, or as16 signed or detailed to, the Administration. 

17 ‘‘(3) MILITARY PERSONNEL.—The term ‘mili18 tary personnel’ means members of the uniformed 

19 services assigned or detailed to the Administration. 

20 ‘‘(4) UNIFORMED SERVICES.—The term ‘uni21 formed services’ has the meaning given that term in 

22 section 101 of title 10, United States Code. 

23 ‘‘(f) TAXATION.—Section 912(a) of the Internal Rev24 enue Code of 1986 shall apply with respect to amounts 

25 received by civilian personnel or military personnel as al-
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1 lowances or otherwise under this section in the same man2 ner as it applies with respect to amounts received by civil3 ian officers or employees as allowances or otherwise under 

4 chapter 9 of title I of the Foreign Service Act of 1980.’’. 

5 SEC. 412. HUBBLE TELESCOPE. 

6 SEC. 410. HUBBLE TELESCOPE. 

7 (a) PLAN FOR FUTURE OF HUBBLE SPACE TELE8 SCOPE.—Within 60 days after the National Academy of 

9 Sciences issues its study on the future of the Hubble 

10 Space Telescope, the Administrator, shall submit a plan 

11 to the Senate Committee on Commerce, Science, and 

12 Transportation and the House of Representatives Com13 mittee on Science on the future of the Hubble space tele14 scope. The plan shall include options for the future serv15 icing of the facility along with the associated costs. 

16 (b) OPTIONS FOR REPAIR AND UPGRADE OF HUBBLE

17 SPACE TELESCOPE.— 

18 (1) EVALUATION OF OPTIONS.—The Adminis19 trator shall evaluate all options for the repair and 

20 upgrade of the Hubble Space Telescope that will ac21 complish the objectives previously planned for the 

22 SM–4 servicing mission, including installation of the 

23 Wide Field Camera–3 (WFC3) and the Cosmic Ori24 gins Spectrograph. 
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1 (2) REPORT.—In the event of any changes to the 

2 plan for the SM–4 servicing mission of the Hubble 

3 Space Telescope that will detract from performance 

4 enhancements of the Hubble Space Telescope that are 

5 otherwise anticipated as a result of the servicing mis6 sion, the Administrator shall submit to the commit7 tees of Congress referred to in subsection (b) a report 

8 on such changes to the plan. 

9 SEC. 413. CONFIRMATION REQUIREMENT. 

10 SEC. 411. CONFIRMATION REQUIREMENT. 

11 Section 202 of the National Aeronautics and Space 

12 Act of 1958 (42 U.S.C. 2472) is amended by adding at 

13 the end the following: 

14 ‘‘(d) ASSISTANT ADMINISTRATOR FOR LEGISLATIVE

15 AFFAIRS.—There shall be in the Administration an Assist16 ant Administrator for Legislative Affairs, who shall be ap17 pointed by the President, by and with the advice and con18 sent of the Senate, and who shall perform such duties as 

19 the Administrator may prescribe.’’. 

20 SEC. 414. NATIONAL AERONAUTICS AND SPACE FOUNDA21 TION STUDY. 

22 SEC. 412. NATIONAL AERONAUTICS AND SPACE FOUNDA23 TION STUDY. 

24 Within 90 days after the date of enactment of this 

25 Act, the Administrator shall transmit to the Senate Com-
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1 mittee on Commerce, Science, and Transportation and the 

2 House of Representatives Committee on Science a report 

3 on the advisability of establishing a charitable and non4 profit corporation— 

5 (1) to encourage private gifts of real and per6 sonal property or any income therefrom or other in7 terest therein for the benefit of, or in connection 

8 with, the National Aeronautics and Space Adminis9 tration, its activities, or its services; and 

10 (2) to further the public’s knowledge of and in11 spiration by the Earth, the Earth’s atmosphere, 

12 space, and celestial bodies in space, for current and 

13 future generations of Americans. 

14 SEC. 415. NEAR-EARTH OBJECT SURVEY. 

15 SEC. 413. NEAR-EARTH OBJECT SURVEY. 

16 (a) CONGRESSIONAL DECLARATION OF POLICY AND

17 PURPOSE.—Section 102 of the National Aeronautics and 

18 Space Act of 1958 (42 U.S.C. 2451) is amended— 

19 (1) by redesignating subsection (g) as sub20 section (h); and 

21 (2) by inserting after subsection (f) the fol22 lowing: 

23 ‘‘(g) The Congress declares that the general welfare 

24 and security of the United States require that the unique 

25 competence of the National Aeronautics and Space Ad-
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1 ministration in science and engineering systems be di2 rected to detecting, tracking, cataloging, and character3 izing near-Earth asteroids and comets in order to provide 

4 warning and mitigation of the potential hazard of those 

5 asteroids and comets striking the Earth.’’. 

6 (b) PROGRAM.—The Administrator shall plan, de7 velop, and implement a near-Earth object survey program 

8 to detect, track, catalog, and characterize the physical 

9 characteristics of near-Earth asteroids and comets that 

10 are 100 meters or more in diameter in order to assess 

11 the threat of such objects striking the Earth. 

12 (c) ANNUAL REPORT.—The Administrator shall 

13 transmit to the Senate Committee on Commerce, Science, 

14 and Transportation and the House of Representatives 

15 Committee on Science a report, no later than the first 

16 February 28th occurring after the date of enactment of 

17 this Act and on each of the 5 succeeding anniversaries 

18 of such transmittal, a report containing— 

19 (1) a summary of all activities of the Adminis20 tration under subsection (b) during the preceding 

21 fiscal year; 

22 (2) a summary of all amounts obligated or ex23 pended by the Administration during such fiscal 

24 year for such activities; and 
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1 (3) a detailed plan and budget request for each 

2 of the 5 fiscal years following the date on which the 

3 report is transmitted. 

4 SEC. 414. USE OF UNMANNED AERIAL VEHICLES IN WILD5 LIFE, ENVIRONMENTAL, AND OTHER ACTIVI6 TIES. 

7 (a) PROGRAM AUTHORIZED.—The Administrator may 

8 carry out a program to evaluate the feasibility and advis9 ability of the use of unmanned aerial vehicles in wildlife, 

10 environmental, and other appropriate activities. 

11 (b) PROGRAM ACTIVITIES.—Activities in which un12 manned aerial vehicles are used in the program under sub13 section (a) may include— 

14 (1) the assessment and mitigation of natural 

15 conditions and hazards, including ocean debris and 

16 wildfires; 

17 (2) the monitoring and tracking of wildlife; 

18 (3) the provision of ocean and coastal security; 

19 and 

20 (4) such other activities as the Administrator 

21 considers appropriate for purposes of the program. 

22 (c) PARTICIPATION OF OTHER FEDERAL AGENCIES.— 

23 The Administrator shall carry out the program under sub24 section (a) with the participation of such other departments 

25 and agencies of the Federal Government, including the Na-
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1 tional Oceanic and Atmospheric Administration and the 

2 Coast Guard, as the Administrator and the heads of the 

3 departments and agencies concerned jointly consider appro4 priate. 

5 (d) FUNDING.—Of the amounts authorized to be ap6 propriated by this Act, $10,000,000 may be available to 

7 carry out this section. 

8 SEC. 415. EXPANSION OF AUTHORITY FOR DEMONSTRA9 TION ON ENHANCED-USE LEASE OF REAL 

10 PROPERTY. 

11 Section 315(a) of the National Aeronautics and Space 

12 Act of 1958 (42 U.S.C. 2459j(a)) is amended by striking 

13 ‘‘two (2)’’ and inserting ‘‘6’’. 

14 SEC. 416. NATIONAL AERONAUTICS AND SPACE FOUNDA15 TION. 

16 Title III of the National Aeronautics and Space Act 

17 of 1958 (42 U.S.C. 2451 et seq.), as amended by section 

18 409, is amended by adding at the end the following: 

19 ‘‘SEC. 318. NATIONAL AERONAUTICS AND SPACE FOUNDA20 TION. 

21 ‘‘(a) IN GENERAL.—There is established a charitable 

22 and nonprofit corporation to be known as the National Aer23 onautics and Space Foundation. 

24 ‘‘(b) PURPOSES.—The purposes of the foundation 

25 are— 
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1 ‘‘(1) to encourage private gifts of real and per2 sonal property or any income therefrom or other in3 terest therein for the benefit of, or in connection with, 

4 NASA, its activities, or its services; and 

5 ‘‘(2) to further the public’s knowledge of and in6 spiration by the Earth, the Earth’s atmosphere, space, 

7 and celestial bodies in space, for current and future 

8 generations of Americans. 

9 ‘‘(c) BOARD OF DIRECTORS.— 

10 ‘‘(1) IN GENERAL.—The Foundation shall be gov11 erned by a board of directors of 6 individuals ap12 pointed by the Administrator, in consultation with 

13 the chairman and ranking member of the Senate 

14 Committee on Commerce, Science, and Transpor15 tation and of the House of Representatives Committee 

16 on Science. The Administrator shall designate 1 mem17 ber to serve as chair. 

18 ‘‘(2) TERM OF OFFICE.—Each member shall 

19 serve for a term of 6 years, except that of the members 

20 first appointed to the board— 

21 ‘‘(A) 1 member shall be appointed for a 

22 term of 1 year; 

23 ‘‘(B) 1 member shall be appointed for a 

24 term of 2 years; 
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1 ‘‘(C) 1 member shall be appointed for a 

2 term of 3 years; 

3 ‘‘(D) 1 member shall be appointed for a 

4 term of 4 years; 

5 ‘‘(E) 1 member shall be appointed for a 

6 term of 5 years; and 

7 ‘‘(F) 1 member shall be appointed for a 

8 term of 6 years. 

9 ‘‘(3) VACANCIES.—An individual appointed to 

10 fill a vacancy occurring other than by the expiration 

11 of a term shall be appointed for the remainder of the 

12 term of the former member the individual succeeds. 

13 ‘‘(4) STATUS.—Membership on the Board shall 

14 not be deemed to be an office within the meaning of 

15 the statutes of the United States. 

16 ‘‘(5) ADMINISTRATOR TO SERVE EX OFFICIO.— 

17 The Administrator shall be a member of the board ex 

18 officio but without the right to vote. 

19 ‘‘(6) BY-LAWS.—Upon the appointment and 

20 qualification of all members of the board, the board 

21 may by majority vote adopt by-laws, adopt an official 

22 seal (which shall be judicially recognized), and estab23 lish a schedule for meetings and a mechanism for 

24 calling non-scheduled meetings. Except as provided in 
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1 the preceding sentence and unless modified by the 

2 Board— 

3 ‘‘(A) a majority of the members serving 

4 shall constitute a quorum; and 

5 ‘‘(B) the board shall meet at least once each 

6 year and at the call of the chair. 

7 ‘‘(7) COMPENSATION AND EXPENSES.—No com8 pensation shall be paid to the members of the Board 

9 for their services as members, but they shall be reim10 bursed for actual and necessary traveling and subsist11 ence expenses incurred by them in the performance of 

12 their duties as such members out of Foundation funds 

13 available to the Board for such purposes. 

14 ‘‘(d) POWERS AND DUTIES.— 

15 ‘‘(1) IN GENERAL.—Except as otherwise provided 

16 in this section, the Foundation shall have the powers 

17 of, and be subject to the limitations of, a charitable 

18 and nonprofit corporation provided under the laws of 

19 the State (or the District of Columbia) in which it is 

20 incorporated. 

21 ‘‘(2) PERPETUAL SUCCESSION; MEMBER LIABIL22 ITY.—The Foundation shall have perpetual succes23 sion, with all the usual powers and obligations of a 

24 corporation acting as a trustee, including the power 

25 to sue and to be sued in its own name, but the mem-
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1 bers of the Board shall not be personally liable, except 

2 for malfeasance. 

3 ‘‘(3) CONTRACTS; GRANTS; OTHER INSTRU4 MENTS.—The Foundation shall have the power to 

5 enter into contracts or grants, to execute instruments, 

6 and generally to do any and all lawful acts necessary 

7 or appropriate to its purposes as approved by the 

8 board. 

9 ‘‘(4) GIFTS; DEVISES; BEQUESTS.— 

10 ‘‘(A) IN GENERAL.—Except as provided in 

11 subparagraph (B), the Foundation may accept, 

12 receive, solicit, hold, administer, and use any 

13 gifts, devises, or bequests, either absolutely or in 

14 trust, of real or personal property or any income 

15 therefrom or other interest therein for the benefit 

16 of or in connection with, NASA, its activities, or 

17 its services, including a gift, devise, or bequest 

18 that is encumbered, restricted, or subject to bene19 ficial interests of private persons if any current 

20 or future interest therein is for the benefit of 

21 NASA, its activities, or its services. For purposes 

22 of this paragraph, an interest in real property 

23 includes easements or other rights for preserva24 tion, conservation, protection, or enhancement by 

25 and for the public of natural, scenic, historic, 
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1 scientific, educational, inspirational, or rec2 reational resources. 

3 ‘‘(B) LIMITATION.—The Foundation may 

4 not accept a gift, devise, or bequest which entails 

5 any expenditure other than from the resources of 

6 the Foundation. 

7 ‘‘(e) TAX STATUS AND FUNCTIONS.— 

8 ‘‘(1) TAX-EXEMPT STATUS OF FOUNDATION.—The 

9 Foundation and any income or property received or 

10 owned by it, and all transactions relating to such in11 come or property, shall be exempt from all Federal, 

12 State, and local taxation with respect thereto. 

13 ‘‘(2) IN-LIEU-OF PAYMENTS.—The Foundation 

14 may, in the discretion of the board— 

15 ‘‘(A) contribute toward the costs of local 

16 government in amounts not in excess of those 

17 which it would be obligated to pay such govern18 ment if it were not exempt from taxation under 

19 paragraph (A) or by virtue of its being a chari20 table and nonprofit corporation; and 

21 ‘‘(B) may contribute with respect to prop22 erty transferred to it and the income derived 

23 therefrom if such agreement is a condition of the 

24 transfer. 
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1 ‘‘(3) DEDUCTIBILITY OF CONTRIBUTIONS TO

2 FOUNDATION.—Gifts and other transfers made to or 

3 for the use of the Foundation shall be regarded as con4 tributions, gifts, or transfers to or for the use of the 

5 United States. 

6 ‘‘(f) COOPERATIVE WORK WITH NASA.— 

7 ‘‘(1) NASA SUPPORT CONTRACTS.—The Admin8 istrator may contract with the Foundation for the 

9 performance of its duties and activities in support of 

10 the Administration. 

11 ‘‘(2) NASA MAY NOT ACCEPT FUNDS FROM FOUN12 DATION.—Neither NASA nor any employee thereof 

13 may authorized to accept funds from the Foundation. 

14 ‘‘(3) FOUNDATION FUNDING MAY NOT SUPPLE15 MENT APPROPRIATED FUNDS ACTIVITIES.—Except as 

16 otherwise specifically provided by statute, the Foun17 dation may not obligate or expend funds to directly 

18 supplement any program or activity of NASA, or any 

19 other Federal agency, for which appropriated funds 

20 may be obligated or expended. 

21 ‘‘(g) DEFINITIONS.—In this section: 

22 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis23 trator’ means the Administrator of the National Aero24 nautics and Space Administration. 
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1 ‘‘(2) BOARD.—The term ‘board’ means the board 

2 of directors of the Foundation. 

3 ‘‘(3) FOUNDATION.—The term ‘Foundation’ 

4 means the National Aeronautics and Space Founda5 tion established by subsection (a). 

6 ‘‘(4) NASA.—The term ‘NASA’ means the Na7 tional Aeronautics and Space Administration.’’. 

8 TITLE V—AERONAUTICS 

9 RESEARCH AND DEVELOPMENT 

10 SEC. 501. FINDINGS. 

11 The Congress finds the following: 

12 (1) It is in the national interest to maintain 

13 leadership in aeronautics and aviation. The United 

14 States is in danger of losing its leadership in these 

15 areas to international competitors. 

16 (2) Past Federal investments in aeronautics re17 search and development have benefited the economy 

18 and national security of the United States and the 

19 quality of life of its citizens. 

20 (3) Future growth in aviation increasingly will 

21 be constrained by concerns related to aircraft noise, 

22 emissions, fuel consumption, and air transportation 

23 system congestion. International competitors have 

24 recognized the importance of solving these problems 
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1 and have established aggressive agendas for address2 ing each of these concerns. 

3 (4) An aggressive initiative by the Federal Gov4 ernment to develop technologies that would signifi5 cantly reduce aircraft noise, harmful emissions, and 

6 fuel consumption would benefit the United States 

7 by— 

8 (A) improving the competitiveness of the 

9 United States aviation industry; 

10 (B) improving the quality of life for our 

11 citizens by drastically reducing the level of noise 

12 due to aircraft operations; 

13 (C) reducing the rate at which fossil fuels 

14 are consumed; and 

15 (D) reducing the rate at which greenhouse 

16 gases and other harmful gases and particulates 

17 are added to the atmosphere by aircraft. 

18 (5) Long-term progress in aeronautics and avia19 tion will require continued Federal investment in 

20 fundamental aeronautical research. 

21 (6) It is important for NASA to continue at a 

22 healthy level its cooperative research efforts with the 

23 Department of Defense regarding military aviation 

24 technologies. 
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1 (7) The report entitled ‘‘The NASA Aero2 nautics Blueprint—Toward a Bold New Era of 

3 Aviation’’ provides an excellent statement of the 

4 problems facing aviation today, and presents an ex5 citing vision of what can be achieved by investments 

6 in aeronautics research and technology. It does not, 

7 however, provide a program plan to actually achieve 

8 the vision, nor does it address the huge mismatch 

9 between current NASA aeronautics funding and 

10 what is required to realize the vision. 

11 SEC. 502. ENVIRONMENTAL AIRCRAFT RESEARCH AND DE12 VELOPMENT INITIATIVE. 

13 (a) IN GENERAL.—Not later than 1 year after the 

14 date of enactment of this Act, the Administrator shall sub15 mit to Congress a comprehensive plan for the development 

16 and demonstration, in a relevant environment, tech17 nologies that result in the following commercial aircraft 

18 performance characteristics: 

19 (1) NOISE.—Noise levels on takeoff and on air20 port approach and landing that do not exceed ambi21 ent noise levels in the absence of flight operations in 

22 the vicinity of airports from which such commercial 

23 aircraft would normally operate. 

24 (2) FUEL EFFICIENCY.—A 10 percent improve25 ment in fuel efficiency, compared to aircraft in com-
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1 mercial service as of the date of enactment of this 

2 Act, in each of the following: 

3 (A) Specific fuel consumption. 

4 (B) Lift to drag ratio. 

5 (C) Structural weight fraction. 

6 (3) EMISSIONS.—Nitrogen oxides at less than 5 

7 grams per kilogram of fuel burned. 

8 (b) PLAN REQUIREMENTS.—The plan described in 

9 subsection (a) shall include each of the following: 

10 (1) Technological roadmaps for achieving each 

11 of the performance characteristics specified in sub12 section (a). 

13 (2) An estimate of the 10-year funding profile 

14 required to achieve the objective specified in sub15 section (a). 

16 (3) A plan for carrying out a formal quantifica17 tion of the estimated costs and benefits of each tech18 nological option selected for development beyond the 

19 initial concept definition phase. 

20 (4) A plan for transferring the technologies to 

21 industry, including the identification of requirements 

22 for prototype demonstrations, as appropriate. 
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1 SEC. 503. CIVIL SUPERSONIC TRANSPORT RESEARCH AND 

2 DEVELOPMENT INITIATIVE. 

3 (a) IN GENERAL.—Not later than 1 year after the 

4 date of enactment of this Act, the Administrator shall sub5 mit to Congress a feasibility study addressing the need 

6 for, and economic viability of, the development and dem7 onstration, in a relevant environment, technologies to en8 able overland flight of supersonic civil transport aircraft 

9 with at least the following performance characteristics: 

10 (1) Mach number of at least 1.6. 

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

12 (3) Payload of at least 150 passengers. 

13 (4) Lift to drag ratio of at least 9.0. 

14 (5) Noise levels on takeoff and on airport ap15 proach and landing that meet community noise 

16 standards in place at airports from which such com17 mercial supersonic aircraft would normally operate 

18 at the time the aircraft would enter commercial serv19 ice. 

20 (6) Shaped signature sonic boom overpressure 

21 of less than 1.0 pounds per square foot. 

22 (7) Nitrogen oxide emissions of less than 15 

23 grams per kilogram of fuel burned. 

24 (8) Water vapor emissions for stratospheric 

25 flight of no greater than 1,400 grams per kilogram 

26 of fuel burned. 
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1 (b) STUDY REQUIREMENTS.—The study described in 

2 subsection (a) shall include— 

3 (1) the feasibility of researching, developing and 

4 producing a civil transport with the performance 

5 characteristics specified in subsection (a); 

6 (2) an estimate of the 10-year funding profile 

7 required to achieve the objective specified in sub8 section (a); 

9 (3) the feasibility of transferring the tech10 nologies to industry, including the identification of 

11 requirements for prototype demonstrations, as ap12 propriate; 

13 (4) the feasibility of research to quantify, with14 in 3 years after the date of enactment of this Act, 

15 the limits on sonic boom parameters, such as over16 pressure and rise time, that would be acceptable to 

17 the general public; and 

18 (5) the feasibility of adjusting the noise reduc19 tion research and development activities as needed to 

20 accommodate changes in community noise standards 

21 that may occur over the lifetime of the initiative. 

22 SEC. 504. NASA AERONAUTICS SCHOLARSHIPS. 

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

24 a program of scholarships for full-time graduate students 

25 who are United States citizens and are enrolled in, or have 
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1 been accepted by and have indicated their intention to en2 roll in, accredited Masters degree programs in aero3 nautical engineering at institutions of higher education (as 

4 defined in section 101 of the Higher Education Act of 

5 1965 (20 U.S.C. 1001)). Each such scholarship shall cover 

6 the costs of room, board, tuition, and fees, and may be 

7 provided for a maximum of 2 years. 

8 (b) IMPLEMENTATION.—Not later than 1 year after 

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

10 publish regulations governing the scholarship program. 

11 (c) COOPERATIVE TRAINING OPPORTUNITIES.—Stu12 dents who have been awarded a scholarship under this sec13 tion shall have the opportunity for paid employment at 

14 one of the NASA Centers engaged in aeronautics research 

15 and development during the summer prior to the first year 

16 of the student’s masters degree program, and between the 

17 first and second year, if applicable. 

18 SEC. 505. ANNUAL REPORT ON FUNDING OF RESEARCH AND 

19 DEVELOPMENT AND SCIENCE RELATING TO 

20 AERONAUTICS. 

21 Not later than November 30 each year, the Adminis22 trator shall submit to Congress a report setting forth the 

23 following: 
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1 (1) The aggregate amount obligated and ex2 pended on research and development on aeronautics 

3 during the preceding fiscal year. 

4 (2) The aggregate amount obligated and ex5 pended on science and science-related activities on 

6 aeronautics during such fiscal year. 
Calendar No. 814 

108TH CONGRESS 

2D SESSION S. 2541 

[Report No. 108–418] 

A BILL 

To reauthorize and restructure the National Aeronautics and Space Administration, and for other 

purposes. 

NOVEMBER 19, 2004 

Reported with amendments