II 

108TH CONGRESS 

2D SESSION S. 2541

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 

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’’. 

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

7 this Act is as follows:

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Findings. 

TITLE I—AUTHORIZATION OF APPROPRIATIONS 
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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. 

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. 

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. Centennial challenge program. 

Sec. 409. Cultural assessment. 

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

Sec. 411. Employees stationed in foreign countries. 

Sec. 412. Hubble Telescope. 

Sec. 413. Confirmation requirement. 

Sec. 414. National Aeronautics and Space Foundation Study. 

Sec. 415. Near-earth object survey. 

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.
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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. 

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

19 earth science, and aeronautics remain a significant 

20 part of the Nation’s goals for the use and develop21 ment of space. 

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

23 open new frontiers and to seek new discoveries. 

24 (5) Exploration, like investments in other Fed25 eral science and technology activities, is an invest26 ment in our future. 
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1 (6) Our Nation’s investment in space has and 

2 will continue to yield returns many fold, through a 

3 tremendously promising program of discovery and 

4 exploration that historically has provided benefits 

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

6 inspiring Americans and people throughout the 

7 world. 

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

9 enactment of this Act, NASA will face great cultural 

10 and organizational change as it learns from the Co11 lumbia tragedy and implements the recommenda12 tions of the Columbia Accident Investigation Board, 

13 the President’s Commission on Moon, Mars, and Be14 yond, and ongoing reviews by the National Academy 

15 of Sciences, Congress expects that the National Aer16 onautics and Space Administration will create and 

17 support a robust, independent safety and technical 

18 engineering authorities called for by the Columbia 

19 Accident Investigation Board while striving to en20 sure safety and the protection of human life in all 

21 aspects of design, development, test, launch, and op22 erations. While human space exploration will always 

23 be risky, the management and organization of the 

24 National Aeronautics and Space Administration 
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1 itself cannot be the root cause of space accidents in 

2 the future. 

3 TITLE I—AUTHORIZATION OF 

4 APPROPRIATIONS 

5 SEC. 101. EXPLORATION CAPABILITIES. 

6 Subject to the limitation in section 105, the following 

7 amounts are authorized to be appropriated to NASA for 

8 the following programs and fiscal years: 

9 (1) Fiscal year 2005: 

10 (A) International Space Station, 

11 $1,863,000,000. 

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

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

14 (D) Transportation systems, 

15 $689,000,000. 

16 (E) Human and robotic technology, 

17 $1,079,000,000, of which $20,000,000 shall be 

18 for the Centennial Challenges Program estab19 lished under section 318 of the National Aero20 nautics and Space Act of 1958 as added by sec21 tion 408 of this Act. 

22 (2) Fiscal year 2006: 

23 (A) International Space Station, 

24 $1,764,000,000. 

25 (B) Space shuttle, $4,326,000,000. 
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1 (C) Space flight support, $435,000,000. 

2 (D) Transportation systems, 

3 $1,261,000,000. 

4 (E) Human and robotic technology, 

5 $1,302,500,000, of which $25,000,000 shall be 

6 for the Centennial Challenges Program estab7 lished under section 318 of the National Aero8 nautics and Space Act of 1958 as added by sec9 tion 408 of this Act. 

10 (3) Fiscal year 2007: 

11 (A) International Space Station, 

12 $1,780,000,000. 

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

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

15 (D) Transportation systems, 

16 $1,624,000,000. 

17 (E) Human and robotic technology, 

18 $1,301,000,000, of which $25,000,000 shall be 

19 for the Centennial Challenges Program estab20 lished under section 318 of the National Aero21 nautics and Space Act of 1958 as added by sec22 tion 408 of this Act. 

23 (4) Fiscal year 2008: 

24 (A) International Space Station, 

25 $1,779,000,000. 
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1 (B) Space shuttle, $4,027,000,000. 

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

3 (D) Transportation systems, 

4 $1,423,000,000. 

5 (E) Human and robotic technology, 

6 $1,369,600,000, of which $10,000,000 shall be 

7 for the Centennial Challenges Program estab8 lished under section 318 of the National Aero9 nautics and Space Act of 1958 as added by sec10 tion 408 of this Act. 

11 (5) Fiscal year 2009: 

12 (A) International Space Station, 

13 $2,115,000,000. 

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

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

16 (D) Transportation systems, 

17 $1,863,000,000. 

18 (E) Human and robotic technology, 

19 $1,433,000,000. 

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

21 Subject to the limitation in section 105, the following 

22 amounts are authorized to be appropriated to NASA for 

23 the following programs and fiscal years: 

24 (1) Fiscal year 2005: 
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1 (A) Space science, $4,138,000,000, of 

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

3 section 416 of this Act. 

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

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

6 change research. 

7 (C) Biological and physical research, 

8 $1,049,000,000. 

9 (D) Aeronautics Technology, 

10 $919,000,000. 

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

12 $500,000 shall be for scholarships under sec13 tion 504. 

14 (2) Fiscal year 2006: 

15 (A) Space science, $4,404,000,000, of 

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

17 section 415(b) of this Act. 

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

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

20 change research. 

21 (C) Biological and physical research, 

22 $950,000,000. 

23 (D) Aeronautics Technology, 

24 $957,000,000. 
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1 (E) Education, $169,000,000, of which 

2 $750,000 shall be for scholarships under sec3 tion 504. 

4 (3) Fiscal year 2007: 

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

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

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

8 change research. 

9 (C) Biological and physical research, 

10 $938,000,000. 

11 (D) Aeronautics, $938,000,000. 

12 (E) Education, $171,000,000, of which 

13 $1,000,000 shall be for scholarships under sec14 tion 504. 

15 (4) Fiscal year 2008: 

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

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

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

19 change research. 

20 (C) Biological and physical research, 

21 $941,000,000.

22 (D) Aeronautics Technology, 

23 $926,000,000. 
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1 (E) Education, $170,000,000, of which 

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

4 (5) Fiscal year 2009: 

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

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

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

8 change research. 

9 (C) Biological and physical research, 

10 $944,000,000. 

11 (D) Aeronautics Technology, 

12 $942,000,000. 

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

14 $1,000,000 shall be for scholarships under sec15 tion 504. 

16 SEC. 103. INSPECTOR GENERAL. 

17 Subject to the limitation in section 105, there are au18 thorized to be appropriated to NASA for the Office of In19 spector General—

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

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

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

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

24 (5) for fiscal year 2009, $32,000,000. 
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1 SEC. 104. INDEPENDENT TECHNICAL ENGINEERING AU2 THORITY AUTHORIZATIONS. 

3 Subject to the limitation in section 105, there are au4 thorized to be appropriated to NASA for the technical en5 gineering authority established under section 202 of this 

6 Act—

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

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

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

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

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

12 SEC. 105. TOTAL AUTHORIZATIONS. 

13 Notwithstanding any other provision of this title, the 

14 total amount authorized to be appropriated to NASA 

15 under this Act, shall not exceed—

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

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

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

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

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

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 les26 sons-learned and best practices program to ensure that 
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1 lessons learned and best practices at NASA are available 

2 to all employees. The Administrator shall determine the 

3 process and frequency by which the information is pro4 vided to NASA’s employees. The program—

5 (1) may include experiences realized outside of 

6 NASA; 

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

8 program are determined; and 

9 (3) shall use a standardized, user-friendly for10 mat for data reports. 

11 SEC. 202. INDEPENDENT TECHNICAL ENGINEERING AU12 THORITY. 

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

14 enactment of this Act, the Administrator shall establish 

15 within NASA a Technical Engineering Authority that—

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

17 budget; 

18 (2) does not have any programmatic connection 

19 to, or responsibility for cost and schedule; 

20 (3) will serve as a resource for the entire agen21 cy; 

22 (4) is responsible for all technical standards 

23 and all waivers to them for the Space Shuttle pro24 gram and any other program designated by the Ad25 ministrator; and 
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1 (5) will develop and build a disciplined systemic 

2 approach for identifying, analyzing, and controlling 

3 hazards throughout the life cycle of the Space Shut4 tle system or any other program designated by the 

5 Administrator. 

6 (b) FUNCTIONS.—The Authority established under 

7 subsection (a) shall—

8 (1) develop and maintain technical standards 

9 for all Space Shuttle Program projects and ele10 ments; 

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

12 technical standards; 

13 (3) conduct trend and risk analysis at the sub14 system, system, and enterprise level; 

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

16 hazard reporting systems; 

17 (5) conduct integrated hazard analysis; 

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

19 event;

20 (7) independently verify launch readiness; 

21 (8) approve the provisions of the recertification 

22 program called for in section 205 of this Act; and 

23 (9) approve all mission simulated activities, in24 cluding testing of abort scenarios, ‘‘GO’’ and ‘‘NO25 GO’’ decisions, and other ‘‘red-teaming’’ activities. 
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1 (c) IMPLEMENTATION PLAN.—Within 180 days after 

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

3 submit to the Senate Committee on Commerce, Science, 

4 and Transportation and the House of Representatives 

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

6 transitioning, and implementing the Authority. 

7 (d) ANNUAL REPORT.—The Administrator shall in8 clude a report on the activities of the Authority as part 

9 of NASA’s annual budget request. 

10 SEC. 203. SAFETY AND INTEGRATION. 

11 (a) SAFETY AND MISSION ASSURANCE.—The Admin12 istrator shall provide the Office of Safety and Mission As13 surance—

14 (1) direct line authority over the entire Space 

15 Shuttle safety organization; and 

16 (2) independent funding. 

17 (b) SPACE SHUTTLE INTEGRATION.—The Adminis18 trator shall reorganize the Space Shuttle Integration Of19 fice to ensure that it is capable of integrating all elements 

20 of the Space Shuttle program, including the orbiters. 

21 (c) SUBMISSION OF IMPLEMENTATION PLANS TO

22 CONGRESS.—Within 180 days after the date of enactment 

23 of this Act, the Administrator shall submit to the Senate 

24 Committee on Commerce, Science, and Transportation 

25 and the House of Representatives Committee on Science 
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1 a plan for defining, establishing, transitioning, and imple2 menting—

3 (1) the direct line authority over the entire 

4 Space Shuttle safety organization and the inde5 pendent funding for the Office of Safety and Mission 

6 Assurance required by subsection (a); and 

7 (2) the reorganization of the Space Shuttle In8 tegration Office required by subsection (b). 

9 SEC. 204. RECERTIFICATION OF SPACE SHUTTLE. 

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

11 by the Technical Engineering Authority established in sec12 tion 202 of this Act, shall recertify the Space Shuttle or13 biters for operation prior to any operations beyond 2010. 

14 The recertification shall be conducted on the material, 

15 component, subsystem, and system levels and shall be in16 cluded as part of the Shuttle Service Life Extension pro17 gram. 

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

19 determines that it is necessary to operate the Space Shut20 tle orbiters after 2010, the Administrator shall submit 

21 plans, including costs and scheduling, before 2009 for re22 certifying the Space Shuttle orbiters consistent with the 

23 requirements of subsection (a), before commencing any 

24 such recertification to the Senate Committee on Com25 merce, Science, and Transportation and the House of Rep-
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1 resentatives Committee on Science. The plan shall be ap2 proved by the Technical Engineering Authority as estab3 lished under section 202 of this Act. 

4 (c) UPGRADE OF DRAWING SYSTEM.—The Adminis5 trator shall establish a long-term program to upgrade the 

6 Space Shuttle and the International Space Station engi7 neering drawing systems. The upgrade shall include—

8 (1) review of drawings for accuracy; 

9 (2) conversion of all drawing to a computer10 aided drafting system; and 

11 (3) incorporation of drawing changes. 

12 SEC. 205. RETURN TO FLIGHT CERTIFICATION. 

13 The Administrator may not return the Space Shuttle 

14 program to launching orbiters until all safety rec15 ommendations of the Columbia Accident Investigation 

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

17 tasks have been completely satisfied. The Administrator 

18 shall certify to the Senate Committee on Commerce, 

19 Science, and Transportation and the House of Represent20 atives Committee on Science that those recommendations 

21 have been satisfied before the first such return to launch. 

22 SEC. 206. LAUNCH PLANS FOR INTERNATIONAL SPACE STA23 TION. 

24 Within 60 days after the date of enactment of this 

25 Act, the Administrator shall submit to Senate Committee 
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1 on Commerce, Science, and Transportation and the House 

2 of Representatives Committee on Science plans for launch3 ing assembly elements, crew, and supplies to the Inter4 national Space Station from the year 2010 through the 

5 year 2014. 

6 TITLE III—NASA’S NEW VISION 

7 SEC. 301. EXPLORATION INITIATIVE. 

8 The National Aeronautics and Space Act of 1985 (42 

9 U.S.C. 2451 et seq.) is amended by adding at the end 

10 the following: 

11 ‘‘TITLE V—SOLAR SYSTEM 

12 EXPLORATION 

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

14 ‘‘(a) IN GENERAL.—The Administrator of the Na15 tional Aeronautics and Space Administration shall estab16 lish a program—

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

18 human and robotic exploration of the solar system 

19 and beyond; 

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

21 system, starting with a human return to the Moon 

22 by the year 2020, in preparation for human explo23 ration of Mars and other destinations; 

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

25 knowledge, and infrastructures both to explore and 
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1 to support decisions about the destinations for 

2 human exploration; and 

3 ‘‘(4) to promote international and commercial 

4 participation in exploration to further United States 

5 scientific, security, and economic interests. 

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

7 the program, the Administrator shall—

8 ‘‘(1) return the Space Shuttle to flight con9 sistent with safety concerns and the recommenda10 tions of the Columbia Accident Investigation Board, 

11 with the chief purpose to help finish assembly of the 

12 International Space Station; 

13 ‘‘(2) retire the Space Shuttle as soon as assem14 bly of International Space Station is completed; 

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

16 vehicle to explore beyond Earth orbit to be ready for

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

18 first human mission no later than 2014; and 

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

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

21 2020, and use the Moon as a stepping-stone for mis22 sions to Mars and other destinations in space.’’. 

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

24 (a) REPORT ON ACTIVITIES AND FUNDING BUDG25 ETED FOR FISCAL YEAR 2005.—Within 60 days after the 
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1 date of enactment of this Act, the Administrator shall 

2 transmit a report to the Senate Committee on Commerce, 

3 Science, and Transportation and the House of Represent4 atives Committee on Science that identifies all activities 

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

6 2005 budget request that support human missions to the 

7 Moon and Mars. 

8 (b) INCLUSION IN BUDGET REQUEST.—The Admin9 istrator shall include in NASA’s annual budget request all 

10 activities and funding, using full cost accounting, that sup11 port human missions to the Moon and Mars. 

12 SEC. 303. SYSTEMS REQUIREMENTS DOCUMENT. 

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

14 of enactment of this Act, the Administrator shall submit 

15 a system requirements document to the Senate Committee 

16 on Commerce, Science, and Transportation and the House 

17 of Representatives Committee on Science that includes—

18 (1) the baseline technical requirements for 

19 NASA to conduct a human mission to the Moon by 

20 2014 and the eventual human mission to the planet 

21 Mars; and 

22 (2) a description of the process for making revi23 sions to the document. 

24 (b) REPORT TO BE COMBINED WITH SECTION 304 

25 REPORT.—The Administrator shall combine the report re-
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1 quired under subsection (a) with the life cycle cost esti2 mate required by section 304 and submit them as a single 

3 document. 

4 SEC. 304. LIFE CYCLE COST ESTIMATE. 

5 (a) SUBMISSION OF ESTIMATE TO CONGRESS.—

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

7 the Administrator shall submit a life cycle cost estimate 

8 for a manned mission to the Moon to the Senate Com9 mittee on Commerce, Science, and Transportation and the 

10 House of Representatives Committee on Science. The Ad11 ministrator shall ensure that the life cycle cost estimate 

12 has been approved by the Chief Engineer and reviewed 

13 by an independent organization prior to submission. The 

14 cost estimate shall also include whether or not the planned 

15 budgetary profile for these missions as submitted in 

16 NASA’s fiscal year 2005 budget request is sufficient to 

17 meet the targeted dates of the missions. 

18 (b) GAO REVIEW.—Within 90 days after the Admin19 istration submits the life cycle cost estimate to the Com20 mittees under subsection (a), the Comptroller General 

21 shall conduct a review of the estimate and transmit a re22 port containing the results of that review to those Commit23 tees. 

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

25 cost estimate under subsection (a) has been submitted to 
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1 the Committees, the Administrator shall prepare and sub2 mit, in accordance with the requirements of subsection (a) 

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

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

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

6 President submits the Budget of the United States to the 

7 Congress. 

8 SEC. 305. COMMERCIALIZATION PLAN WITH OFFICE OF 

9 SPACE COMMERCIALIZATION. 

10 (a) IN GENERAL.—The Administrator and the Direc11 tor of the Office of Space Commercialization of the De12 partment of Commerce shall develop a commercialization 

13 plan to support the human missions to the Moon and 

14 Mars. The plan shall identify opportunities for the private 

15 sector to participate in the future missions, including op16 portunities for partnership between NASA and the private 

17 sector in the development of technologies and services. 

18 (b) REPORT.—Within 180 days after the date of en19 actment of this Act, the Administrator and the Director 

20 jointly shall submit a copy of the plan to the Senate Com21 mittee on Commerce, Science, and Transportation and the 

22 House of Representatives Committee on Science. 

23 (c) REPORT TO BE COMBINED WITH SECTION 306 

24 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 The assessment shall include the ability of private industry 

10 to support—

11 (1) the definition of basic program require12 ments; 

13 (2) an assessment of current technologies and 

14 shortfalls; and 

15 (3) the production and manufacturing capabili16 ties necessary to implement the manned missions to 

17 the Moon and Mars. 

18 (b) REPORT.—Within 180 days after the date of en19 actment of this Act, the Administrator and the Director 

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

21 Committee on Commerce, Science, and Transportation 

22 and the House of Representatives Committee on Science. 

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

24 (a) QUARTERLY LIFE CYCLE COST REPORTS.—
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1 (1) IN GENERAL.—The program manager for 

2 each major system, as determined by the Adminis3 trator, of the solar system exploration initiative 

4 under section 501 of the National Aeronautics and 

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

6 Act, shall submit to the Administrator, within 7 

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

8 a written report on the major system for which such 

9 manager has responsibility. The Administrator shall 

10 submit a listing of all major systems to the Senate 

11 Committee on Commmerce, Science, and Transpor12 tation and the House of Representatives Committee 

13 on Science within 180 days after the date of enact14 ment of this Act. The program manager shall in15 clude in each such report the total life cycle cost for

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

17 and the history of the total life cycle cost of each 

18 major system from the date on which funds were 

19 first authorized to be appropriated for such system. 

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

21 during a fiscal year the program manager of a major 

22 system referred to in paragraph (1) has reasonable 

23 cause to believe that the total life cycle cost has ex24 ceeded the applicable percentage increase specified 

25 in subsection (b), the manager shall immediately 
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1 submit to the Administrator a report containing the 

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

3 by paragraph (1). 

4 (3) SCHEDULE OR SYSTEM CHANGES.—The 

5 program manager shall also include in each report 

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

7 change from schedule milestones or system perform8 ances requirements with respect to such system that 

9 are known, expected, or anticipated by such man10 ager. 

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

12 OVERRUNS.—

13 (1) SYSTEMS.—If the Administrator deter14 mines, on the basis of any report submitted to him 

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

16 cost (including any increase for expected inflation) 

17 for any major system has increased by more than 15 

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

19 then (except as provided in paragraph (2)) no addi20 tional funds may be obligated in connection with 

21 such system after the end of the 30-day period be22 ginning on the day on which the Administrator 

23 makes such determination. The Administrator shall 

24 notify the Senate Committee on Commerce, Science, 

25 and Transportation and the House of Representa-
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1 tives Committee on Science promptly in writing of 

2 such increase upon making such a determination 

3 with respect to any such major system and shall in4 clude in such notice the date on which such deter5 mination was made. 

6 (2) EXCEPTION.—The prohibition contained in 

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

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

9 prohibition would otherwise apply if the Adminis10 trator submits to the Senate Committee on Com11 merce, Science, and Transportation and the House 

12 of Representatives Committee on Science, before the 

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

14 (1), a written report which includes—

15 (A) a statement of the reasons for such in16 crease in total life cycle cost or procurement 

17 cost; 

18 (B) the identities of the program officers 

19 responsible for program management and cost 

20 control of the major system; 

21 (C) the action taken and proposed to be 

22 taken to control future cost growth of such sys23 tem; 

24 (D) any changes made in the performance 

25 or schedule milestones of such system and the 
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1 degree to which such changes have contributed 

2 to the increase in total life cycle cost or pro3 curement cost; 

4 (E) the identities of the principal contrac5 tors for the major system; and 

6 (F) an index of all testimony and docu7 ments formally provided to the Congress on the 

8 estimated cost of such system. 

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

10 OVERRUNS.—

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

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

13 submitted to him pursuant to subsection (a)— 

14 (i) that the total life cycle cost (in15 cluding an increase for expected inflation) 

16 for a major system has increased by more 

17 than 25 percent over the total life cycle 

18 cost, or 

19 (ii) that the current procurement cost 

20 of such system has increased by more than 

21 25 percent over the initial procurement 

22 cost, in the case of any such system for 

23 which procurement funds are authorized to 

24 be appropriated by this Act, and 
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1 (B) has submitted a report to the Senate 

2 Committee on Commerce, Science, and Trans3 portation and the House of Representatives 

4 Committee on Science with respect to such sys5 tem pursuant to subsection (b)(3), 

6 then (except as provided in paragraph (2)) no addi7 tional funds may be obligated in connection with 

8 such system after the end of the 60-day period be9 ginning on the day on which the Administrator 

10 makes such determination. 

11 (2) EXCEPTION.—The prohibition contained in 

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

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

14 prohibition would otherwise apply if the Adminis15 trator submits to the Senate Committee on Com16 merce, Science, and Transportation and the House 

17 of Representatives Committee on Science, before the 

18 end of the 60-day period referred to in such para19 graph, a written certification stating that—

20 (A) such system is essential to the future 

21 of the Exploration Initiative; 

22 (B) there are no alternatives to such sys23 tem which will provide equal or greater capa24 bility at less cost; 
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1 (C) the new estimates of the total program 

2 acquisition cost or procurement cost are reason3 able; and 

4 (D) the management structure for such 

5 major system is adequate to manage and con6 trol total program acquisition cost or procure7 ment cost. 

8 SEC. 308. INTERNATIONAL COOPERATION. 

9 Within 180 days after the date of enactment of this 

10 Act, NASA shall provide a report to the Senate Committee 

11 on Commerce, Science, and Transportation and the House 

12 of Representatives Committee on Science on opportunities 

13 for international cooperation from all space faring nations 

14 on a human mission to the Moon and Mars. The report 

15 shall present a variety of options for the United States 

16 to enter into partnership with other nations in pursuit of

17 the program established by section 301 of this Act. The 

18 report shall be developed in cooperation with the Depart19 ment of State and other appropriate agencies. 

20 SEC. 309. TECHNOLOGY TRANSFER AND LICENSING OF21 FICE. 

22 (a) ESTABLISHMENT OF THE OFFICE.—The Admin23 istrator shall establish a Technology Transfer and Licens24 ing Office within the program established under section 

25 301. The Office shall—
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1 (1) facilitate the transfer of technologies into 

2 and out of the agency; and 

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

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

5 180 days after the date of enactment of this Act, the Ad6 ministrator shall develop and implement a technology 

7 transfer plan for the program. The technology transfer 

8 plan shall include—

9 (1) a framework of oversight and administrative 

10 requirements for carrying out technology transfer 

11 activities; 

12 (2) a description of how the program will iden13 tify, assess, license, and monitor research and devel14 opment projects that the agency and its related fa15 cilities determine have a potential for public and 

16 commercial application; and 

17 (3) procedures for the dissemination of infor18 mation on Federally owned or originated products, 

19 processes, and services to interested parties. 

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

21 transmit a copy of the plan, together with recommenda22 tions (including legislative recommendations) if any, to the 

23 Senate Committee on Commerce, Science, and Transpor24 tation and the House of Representatives Committee on 
30

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

2 Act. 

3 SEC. 310. ROBOTIC LUNAR MISSIONS. 

4 Within 6 months after the date of enactment of this 

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

6 Committee on Commerce, Science, and Transportation 

7 and the House of Representatives Committee on Science 

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

9 3 years. The plan should include the specific science and 

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

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

12 sector to accomplish the goals of the mission. 

13 SEC. 311. LEGAL ASPECTS OF LUNAR EXPLORATION. 

14 The Administrator, in consultation with the Secretary 

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

16 laws and treaties governing the exploration of space and 

17 the possible ownership of resources on the Moon and 

18 Mars. The review should determine if any changes or new 

19 agreements are needed to reflect the growing role of the 

20 private sector in space exploration. The review shall be 

21 submitted to the Senate Committee on Commerce, 

22 Science, and Transportation and the House of Represent23 atives Committee on Science within 90 days of enactment 

24 of this Act. 
31

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1 SEC. 312. NASA ENGINEERING SCHOOL. 

2 (a) ESTABLISHMENT.—The Administrator shall es3 tablish a NASA Engineering School. The school shall be 

4 available to all employees of NASA and its contractors to 

5 facilitate increased knowledge of engineering and scientific 

6 principles to further the missions of NASA. 

7 (b) PURPOSE.—The purpose of the school is to pro8 vide a unique training program to bridge the gap between 

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

10 specific training needed to understand the different tech11 nologies which form the basis for work at NASA. 

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

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

14 submit to the Senate Committee on Commerce, Science, 

15 and Transportation and the House of Representatives 

16 Committee on Science a plan for establishing the school. 

17 TITLE IV—MISCELLANEOUS 

18 SEC. 401. INTEGRATED FINANCIAL MANAGEMENT PRO19 GRAM. 

20 Within 120 days after the date of enactment of this 

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

22 the Senate Committee on Commerce, Science, and Trans23 portation and the House of Representatives Committee on 

24 Science on NASA’s ability to improve its financial man25 agement. The report shall include—
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1 (1) a statement of the status of the implemen2 tation of the integrated financial management pro3 gram; and 

4 (2) a description of plans and architecture for 

5 the full implementation of the management system. 

6 SEC. 402. FUTURE LAUNCH PLAN. 

7 Within 180 days after the date of enactment of this 

8 Act, the Administrator shall transmit to the Senate Com9 mittee on Commerce, Science, and Transportation and the 

10 House of Representatives Committee on Science a plan for 

11 future launches of space vehicles that includes an estimate 

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

13 States space sectors. The plan should address assessments 

14 of reusable components and approaches that can lead to 

15 significant cost reductions in United States access to 

16 space. 

17 SEC. 403. COMMERCIAL GOODS AND SERVICES. 

18 It is the sense of the Congress that NASA should 

19 purchase commercially available space goods and services 

20 to the fullest extent feasible in support of the human mis21 sions to the Moon and Mars and shall not conduct activi22 ties with commercial applications that preclude or deter 

23 commercial space activities except for reasons of national 

24 security or public safety. For purposes of this section—
33

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

2 to be commercially available if it is offered by a com3 mercial provider, or if it could be supplied by a com4 mercial provider in response to a Government pro5 curement request; and 

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

7 if it meets mission requirements in a cost-effective 

8 manner while offering the same or a higher level of 

9 safety. 

10 SEC. 404. INDUSTRY ADVISORY BOARD. 

11 The Administrator shall establish an Industry Advi12 sory Board to review and discuss opportunities for the pri13 vate sector to invest in and take advantage of activities 

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

15 the Administrator or his designee.

16 SEC. 405. REQUIREMENT FOR INDEPENDENT COST ANAL17 YSIS. 

18 Section 301 of the National Aeronautics and Space 

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

20 2459g) is amended—

21 (1) by striking the first sentence of subsection 

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

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

24 costs, the Chief Financial Officer for the National 

25 Aeronautics and Space Administration shall conduct 
34

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1 and consider an independent life-cycle cost analysis 

2 and report the results of that analysis to the Senate 

3 Committee on Commerce, Science, and Transpor4 tation and the House of Representatives Committee 

5 on Science as soon as practicable after the contract, 

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

7 and 

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

9 following: 

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

11 term ‘total project costs’ includes—

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

13 or project after preliminary design, independent as14 sessment of the preliminary design, and approval to 

15 proceed into implementation; and 

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

17 launch, operations, and disposal.’’. 

18 SEC. 406. ELECTRONIC ACCESS TO BUSINESS OPPORTUNI19 TIES. 

20 Title III of the National Aeronautics and Space Act 

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

22 at the end the following: 
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1 ‘‘SEC. 316. ELECTRONIC ACCESS TO BUSINESS OPPORTUNI2 TIES. 

3 ‘‘(a) IN GENERAL.—The Administrator may imple4 ment a pilot program providing for reduction in the wait5 ing period between publication of notice of a proposed con6 tract action and release of the solicitation for procure7 ments conducted by the National Aeronautics and Space 

8 Administration. 

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

10 under subsection (a) shall apply to non-commercial acqui11 sitions— 

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

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

14 ‘‘(2) that do not involve bundling of contract re15 quirements as defined in section 3(o) of the Small 

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

17 ‘‘(3) for which a notice is required by sub18 section 8(e) of the Small Business Act (15 U.S.C. 

19 637(e)) and subsection 18(a) of the Office of Fed20 eral Procurement Policy Act (41 U.S.C. 416(a)). 

21 ‘‘(c) NOTICE.—

22 ‘‘(1) Notice of acquisitions subject to the pro23 gram authorized by this section shall be made acces24 sible through the single Government-wide point of 

25 entry designated in the Federal Acquisition Regula26 tion, consistent with paragraph 30(c)(4) of the Of-
36

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1 fice of Federal Procurement Policy Act (41 U.S.C. 

2 426(c)(4)). 

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

4 with paragraph (1) satisfies the publication require5 ments of subsection 8(e) of the Small Business Act 

6 (15 U.S.C. 637(e)) and subsection 18(a) of the Of7 fice of Federal Procurement Policy Act (41 U.S.C. 

8 416(a)). 

9 ‘‘(d) SOLICITATION.—Solicitations subject to the pro10 gram authorized by this section shall be made accessible 

11 through the single Government-wide point of entry, con12 sistent with requirements set forth in the Federal Acquisi13 tion Regulation, except for adjustments to the wait periods 

14 as provided in subsection (e). 

15 ‘‘(e) WAIT PERIODS.—

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

17 8(e)(1)(A) of the Small Business Act (15 U.S.C 

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

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

20 is made accessible in accordance with subsection (c) 

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

22 8(e)(3)(A) of the Small Business Act (15 U.S.C. 

23 637(e)(3)(A)) and section 18(a)(3)(A) of the Office 

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

25 416(a)(3)(A)), shall be reduced by 5 days. If the so-
37

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1 licitation applying to that notice is accessible elec2 tronically in accordance with subsection (d) simulta3 neously with issuance of the notice, the wait period 

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

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

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

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

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

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

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

11 416(a)(3)(B)) for submission of bids or proposals 

12 shall begin to run from the date the solicitation is 

13 electronically accessible. 

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

15 accessible simultaneously and the wait period is 

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

17 the submission of bids or proposals shall be not less 

18 than 5 days greater than the minimum deadline set 

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

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

21 18(a)(3)(B) of the Office of Federal Procurement 

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

23 ‘‘(f) IMPLEMENTATION.—

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

25 as modifying regulatory requirements set forth in 
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1 the Federal Acquisition Regulation, except with re2 spect to—

3 ‘‘(A) the applicable wait period between 

4 publication of notice of a proposed contract ac5 tion and release of the solicitation; and 

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

7 proposals for procurements conducted in ac8 cordance with the terms of this pilot program. 

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

10 the President determines it is inconsistent with any 

11 international agreement to which the United States 

12 is a party. 

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

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

15 the pilot program and submit to the Senate Committee 

16 on Commerce, Science, and Transportation and the House 

17 of Representatives Committee on Science a report that—

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

19 including the impact on competition and small busi20 ness participation; and 

21 ‘‘(2) at the discretion of the President, address22 es whether the pilot program should be made perma23 nent, continued as a test program, or allowed to ex24 pire. 

25 ‘‘(h) EFFECTIVE DATE.—
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1 ‘‘(1) The authority set forth in this section shall 

2 take effect on the date specified in the final regula3 tions promulgated pursuant to paragraph 3. The 

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

5 the date on which the final regulation is published. 

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

7 the NASA Federal Acquisition Regulation Supple8 ment as may be necessary to implement this section 

9 in the Federal Register not later than 120 days 

10 after the date of enactment of the National Aero11 nautics and Space Administration Authorization Act 

12 of 2004. The proposed regulations shall be made 

13 available for public comment for a period of not less 

14 than 60 days. 

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

16 Federal Register not later than 240 days after the 

17 date of enactment of the National Aeronautics and 

18 Space Administration Authorization Act of 2004. 

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

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

21 award contracts under such program shall expire 2 years 

22 after the effective date established in the final regulations 

23 published in the Federal Register.’’. 
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1 SEC. 407. RETROCESSION OF JURISDICTION. 

2 Title III of the National Aeronautics and Space Act 

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

4 406, is amended by adding at the end the following: 

5 ‘‘SEC. 317. RETROCESSION OF JURISDICTION. 

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

8 desirable, relinquish to a State all or part of the jurisdic9 tion of the United States over lands or interests under 

10 the Administrator’s control in that State. Relinquishment 

11 of jurisdiction under this section may be accomplished— 

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

13 concerned a notice of relinquishment to take effect 

14 upon acceptance thereof; or 

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

16 provide.’’. 

17 SEC. 408. CENTENNIAL CHALLENGE PROGRAM. 

18 Title III of the National Aeronautics and Space Act 

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

20 407, is amended by adding at the end the following: 

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

22 PROGRAM TO ENCOURAGE DEVELOPMENT 

23 OF ADVANCED SPACE AND AERONAUTICAL 

24 TECHNOLOGIES. 

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

26 may carry out a program, known as the Centennial Chal-
41

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1 lenge Program, to award prizes to stimulate innovation in 

2 basic and applied research, technology development, and 

3 prototype demonstration that have the potential for appli4 cation to the performance of the space and aeronautical 

5 activities of the Administration. 

6 ‘‘(b) PROGRAM REQUIREMENTS.—

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

8 prizes under the program under this section shall be 

9 selected through one or more competitions conducted 

10 by the Administrator. 

11 ‘‘(2) ADVERTISEMENT OF COMPETITIONS.—The 

12 Administrator shall widely advertise any competi13 tions conducted under the program. 

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

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

16 of a prize in a competition under the program under 

17 this section shall register for the competition. 

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

19 a competition under paragraph (1), a potential re20 cipient of a prize shall assume any and all risks, and 

21 waive claims against the United States Government 

22 and its related entities (including contractors and 

23 subcontractors at any tier, suppliers, users, cus24 tomers, cooperating parties, grantees, investigators, 

25 and detailees), for any injury, death, damage, or loss 
42

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1 of property, revenue, or profits, whether direct, indi2 rect, or consequential, arising from participation in 

3 the competition, whether such injury, death, dam4 age, or loss arises through negligence or otherwise, 

5 except in the case of willful misconduct. 

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

7 ‘‘(1) AVAILABILITY OF FUNDS.—Any funds ap8 propriated to carry out this section shall remain 

9 available until expended, but for not more than 4 

10 fiscal years. 

11 ‘‘(2) DEPOSIT AND WITHDRAWAL OF FUNDS.—

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

13 made available for that prize shall be deposited in 

14 the Centennial Challenge Trust Fund. If funding ex15 pires before a prize is awarded, the Administrator 

16 shall deposit additional funds in the account to en17 sure the availability of funding for all prizes. If a 

18 prize competition expires before its goals are met, 

19 the Administrator may redesignate those funds for a 

20 new challenge, but any redesignated funds will be 

21 considered as newly deposited for the purposes of 

22 paragraph (3). All cash awards made under this sec23 tion shall be paid from that account. 
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1 ‘‘(3) OVERALL LIMIT.—The Administrator may 

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

3 Centennial Challenge Trust Fund. 

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

5 the program may result in the award of more than 

6 $1,000,000 in cash prizes without the approval of 

7 the Administrator. 

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

9 Administrator may exercise the authority in this section 

10 in conjunction with or in addition to any other authority 

11 of the Administrator to acquire, support, or stimulate 

12 basic and applied research, technology development, or 

13 prototype demonstration projects.’’. 

14 SEC. 409. CULTURAL AND ORGANIZATIONAL ASSESSMENT. 

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

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

17 cultural and organizational changes and develop a NASA18 wide plan—

19 (1) to create a culture that promotes effective 

20 communication and encourages expression of dis21 senting views, including—

22 (A) improving the efficiency of information 

23 and knowledge structures; and 

24 (B) developing procedures to enhance shar25 ing of knowledge and data and decision-making; 
44

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1 (2) to increase NASA’s focus on the human ele2 ments management and organizational development, 

3 including—

4 (A) establishing clear lines of authority, 

5 accountability, and responsibility of individual 

6 employees, work groups, and leadership; and 

7 (B) promoting an understanding of pro8 gram interdependencies and implications of 

9 management decisions across programs; 

10 (3) to develop and implement consistent proce11 dures for leadership, management, and employee 

12 training and skill development, including hiring, pro13 motion, and succession planning; and 

14 (4) to create a robust system that institutional15 izes checks and balances to ensure the maintenance 

16 of NASA’s technical and safety standards. 

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

18 date of enactment of this Act, the Administrator shall sub19 mit to the Senate Committee on Commerce, Science, and 

20 Transportation and the House of Representatives Com21 mittee on Science a report on the assessment conducted 

22 under subsection (a), including areas identified for cul23 tural and organizational changes and strategies and 

24 timelines for implementing the requirements of subsection 

25 (a). 
45

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1 SEC. 410. SENSE OF THE CONGRESS REGARDING COMPETI2 TIVE CONTRACTING. 

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

4 in contracting improves the efficiency and economy of the 

5 Government because it generally results in better products 

6 and services at lower prices. 

7 (b) SENSE OF THE CONGRESS.—It is the sense of 

8 the Congress that NASA should—

9 (1) strengthen its procurement process by in10 creasing its emphasis on competitive contracting; 

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

12 systemic due diligence process exists when making 

13 strategic decisions to limit competition for contract 

14 actions that are of a substantial dollar value or have 

15 significant programmatic impacts to the Agency; and 

16 (3) take measures to enhance the robustness of 

17 its procurement advocacy programs (i.e., Ombuds18 man Program and Competition Advocacy Program), 

19 which are intended to promote full and open com20 petition and improve the efficiency, economy, and in21 tegrity of the acquisition process. 

22 SEC. 411. EMPLOYEES STATIONED IN FOREIGN COUNTRIES. 

23 Title III of the National Aeronautics and Space Act 

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

25 408, 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 ‘‘(a) IN GENERAL.—The Administrator, in the Ad5 ministrator’s discretion, may provide to civilian and mili6 tary personnel, if the duty station of such personnel is out7 side the United States, allowances and benefits com8 parable to those provided by the Secretary of State to offi9 cers and employees of the Foreign Service under chapter 

10 9 of title I of the Foreign Service Act of 1980 (22 U.S.C. 

11 4081 et seq.). 

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

13 such regulations as may be necessary to implement this 

14 section. Such regulations shall take effect with respect to 

15 members of a uniformed service only to the extent that 

16 the head of the executive department of which that uni17 formed service is a part has concurred in the application 

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

19 regulations shall ensure that no person receives allowances 

20 or benefits under both this section and any other provision 

21 of law for the same purpose. 

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

23 authority granted to the Administrator by this section is 

24 in addition to authority granted to the Administrator by 

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

26 shall be construed to impair or otherwise affect the au-
47

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1 thority of the Administrator under any other provision of 

2 law. 

3 ‘‘(d) FUNDING.—Funds appropriated to the Adminis4 tration shall be available for obligation and expenditure 

5 to carry out this section. 

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

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

8 States’ means the 50 States and the District of Co9 lumbia. 

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

11 personnel’ means civilian officers and employees of 

12 the United States Government employed by, or as13 signed or detailed to, the Administration. 

14 ‘‘(3) MILITARY PERSONNEL.—The term ‘mili15 tary personnel’ means members of the uniformed 

16 services assigned or detailed to the Administration. 

17 ‘‘(4) UNIFORMED SERVICES.—The term ‘uni18 formed services’ has the meaning given that term in 

19 section 101 of title 10, United States Code. 

20 ‘‘(f) TAXATION.—Section 912(a) of the Internal Rev21 enue Code of 1986 shall apply with respect to amounts 

22 received by civilian personnel or military personnel as al23 lowances or otherwise under this section in the same man24 ner as it applies with respect to amounts received by civil-
48

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1 ian officers or employees as allowances or otherwise under 

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

3 SEC. 412. HUBBLE TELESCOPE. 

4 Within 60 days after the National Academy of 

5 Sciences issues its study on the future of the Hubble 

6 Space Telescope, the Administrator, shall submit a plan 

7 to the Senate Committee on Commerce, Science, and 

8 Transportation and the House of Representatives Com9 mittee on Science on the future of the Hubble space tele10 scope. The plan shall include options for the future serv11 icing of the facility along with the associated costs.

12 SEC. 413. CONFIRMATION REQUIREMENT. 

13 Section 202 of the National Aeronautics and Space 

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

15 the end the following: 

16 ‘‘(d) ASSISTANT ADMINISTRATOR FOR LEGISLATIVE

17 AFFAIRS.—There shall be in the Administration an Assist18 ant Administrator for Legislative Affairs, who shall be ap19 pointed by the President, by and with the advice and con20 sent of the Senate, and who shall perform such duties as 

21 the Administrator may prescribe.’’. 

22 SEC. 414. 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-
49

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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 (a) CONGRESSIONAL DECLARATION OF POLICY AND

16 PURPOSE.—Section 102 of the National Aeronautics and 

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

18 (1) by redesignating subsection (g) as sub19 section (h); and 

20 (2) by inserting after subsection (f) the fol21 lowing: 

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

23 and security of the United States require that the unique 

24 competence of the National Aeronautics and Space Ad25 ministration in science and engineering systems be di-
50

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1 rected to detecting, tracking, cataloging, and character2 izing near-Earth asteroids and comets in order to provide 

3 warning and mitigation of the potential hazard of those 

4 asteroids and comets striking the Earth.’’. 

5 (b) PROGRAM.—The Administrator shall plan, de6 velop, and implement a near-Earth object survey program 

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

8 characteristics of near-Earth asteroids and comets that 

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

10 the threat of such objects striking the Earth. 

11 (c) ANNUAL REPORT.—The Administrator shall 

12 transmit to the Senate Committee on Commerce, Science, 

13 and Transportation and the House of Representatives 

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

15 February 28th occurring after the date of enactment of 

16 this Act and on each of the 5 succeeding anniversaries 

17 of such transmittal, a report containing—

18 (1) a summary of all activities of the Adminis19 tration under subsection (b) during the preceding 

20 fiscal year; 

21 (2) a summary of all amounts obligated or ex22 pended by the Administration during such fiscal 

23 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 TITLE V—AERONAUTICS 

5 RESEARCH AND DEVELOPMENT 

6 SEC. 501. FINDINGS. 

7 The Congress finds the following: 

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

9 leadership in aeronautics and aviation. The United 

10 States is in danger of losing its leadership in these 

11 areas to international competitors. 

12 (2) Past Federal investments in aeronautics re13 search and development have benefited the economy 

14 and national security of the United States and the 

15 quality of life of its citizens. 

16 (3) Future growth in aviation increasingly will 

17 be constrained by concerns related to aircraft noise, 

18 emissions, fuel consumption, and air transportation 

19 system congestion. International competitors have 

20 recognized the importance of solving these problems 

21 and have established aggressive agendas for address22 ing each of these concerns. 

23 (4) An aggressive initiative by the Federal Gov24 ernment to develop technologies that would signifi25 cantly reduce aircraft noise, harmful emissions, and 
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1 fuel consumption would benefit the United States 

2 by—

3 (A) improving the competitiveness of the 

4 United States aviation industry; 

5 (B) improving the quality of life for our 

6 citizens by drastically reducing the level of noise 

7 due to aircraft operations; 

8 (C) reducing the rate at which fossil fuels 

9 are consumed; and 

10 (D) reducing the rate at which greenhouse 

11 gases and other harmful gases and particulates 

12 are added to the atmosphere by aircraft. 

13 (5) Long-term progress in aeronautics and avia14 tion will require continued Federal investment in 

15 fundamental aeronautical research. 

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

17 healthy level its cooperative research efforts with the 

18 Department of Defense regarding military aviation 

19 technologies. 

20 (7) The report entitled ‘‘The NASA Aero21 nautics Blueprint—Toward a Bold New Era of 

22 Aviation’’ provides an excellent statement of the 

23 problems facing aviation today, and presents an ex24 citing vision of what can be achieved by investments 

25 in aeronautics research and technology. It does not, 
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1 however, provide a program plan to actually achieve 

2 the vision, nor does it address the huge mismatch 

3 between current NASA aeronautics funding and 

4 what is required to realize the vision. 

5 SEC. 502. ENVIRONMENTAL AIRCRAFT RESEARCH AND DE6 VELOPMENT INITIATIVE. 

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

8 date of enactment of this Act, the Administrator shall sub9 mit to Congress a comprehensive plan for the development

10 and demonstration, in a relevant environment, tech11 nologies that result in the following commercial aircraft 

12 performance characteristics: 

13 (1) NOISE.—Noise levels on takeoff and on air14 port approach and landing that do not exceed ambi15 ent noise levels in the absence of flight operations in 

16 the vicinity of airports from which such commercial 

17 aircraft would normally operate. 

18 (2) FUEL EFFICIENCY.—A 10 percent improve19 ment in fuel efficiency, compared to aircraft in com20 mercial service as of the date of enactment of this 

21 Act, in each of the following: 

22 (A) Specific fuel consumption. 

23 (B) Lift to drag ratio. 

24 (C) Structural weight fraction. 
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1 (3) EMISSIONS.—Nitrogen oxides at less than 5 

2 grams per kilogram of fuel burned. 

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

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

5 (1) Technological roadmaps for achieving each 

6 of the performance characteristics specified in sub7 section (a). 

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

9 required to achieve the objective specified in sub10 section (a). 

11 (3) A plan for carrying out a formal quantifica12 tion of the estimated costs and benefits of each tech13 nological option selected for development beyond the 

14 initial concept definition phase. 

15 (4) A plan for transferring the technologies to 

16 industry, including the identification of requirements 

17 for prototype demonstrations, as appropriate. 

18 SEC. 503. CIVIL SUPERSONIC TRANSPORT RESEARCH AND 

19 DEVELOPMENT INITIATIVE. 

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

21 date of enactment of this Act, the Administrator shall sub22 mit to Congress a feasibility study addressing the need 

23 for, and economic viability of, the development and dem24 onstration, in a relevant environment, technologies to en-
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1 able overland flight of supersonic civil transport aircraft 

2 with at least the following performance characteristics: 

3 (1) Mach number of at least 1.6. 

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

5 (3) Payload of at least 150 passengers. 

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

7 (5) Noise levels on takeoff and on airport ap8 proach and landing that meet community noise 

9 standards in place at airports from which such com10 mercial supersonic aircraft would normally operate 

11 at the time the aircraft would enter commercial serv12 ice. 

13 (6) Shaped signature sonic boom overpressure 

14 of less than 1.0 pounds per square foot. 

15 (7) Nitrogen oxide emissions of less than 15 

16 grams per kilogram of fuel burned. 

17 (8) Water vapor emissions for stratospheric 

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

19 of fuel burned. 

20 (b) STUDY REQUIREMENTS.—The study described in 

21 subsection (a) shall include—

22 (1) the feasibility of researching, developing and 

23 producing a civil transport with the performance 

24 characteristics specified in subsection (a); 
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1 (2) an estimate of the 10-year funding profile 

2 required to achieve the objective specified in sub3 section (a); 

4 (3) the feasibility of transferring the tech5 nologies to industry, including the identification of 

6 requirements for prototype demonstrations, as ap7 propriate; 

8 (4) the feasibility of research to quantify, with9 in 3 years after the date of enactment of this Act, 

10 the limits on sonic boom parameters, such as over11 pressure and rise time, that would be acceptable to 

12 the general public; and 

13 (5) the feasibility of adjusting the noise reduc14 tion research and development activities as needed to 

15 accommodate changes in community noise standards 

16 that may occur over the lifetime of the initiative. 

17 SEC. 504. NASA AERONAUTICS SCHOLARSHIPS. 

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

19 a program of scholarships for full-time graduate students 

20 who are United States citizens and are enrolled in, or have 

21 been accepted by and have indicated their intention to en22 roll in, accredited Masters degree programs in aero23 nautical engineering at institutions of higher education (as 

24 defined in section 101 of the Higher Education Act of 

25 1965 (20 U.S.C. 1001)). Each such scholarship shall cover 
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1 the costs of room, board, tuition, and fees, and may be 

2 provided for a maximum of 2 years. 

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

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

5 publish regulations governing the scholarship program. 

6 (c) COOPERATIVE TRAINING OPPORTUNITIES.—Stu7 dents who have been awarded a scholarship under this sec8 tion shall have the opportunity for paid employment at 

9 one of the NASA Centers engaged in aeronautics research 

10 and development during the summer prior to the first year 

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

12 first and second year, if applicable.

Æ