I 
109TH CONGRESS 
1ST SESSION H. R. 3070 
To reauthorize the human space flight, aeronautics, and science programs 
of the National Aeronautics and Space Administration, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 27, 2005 
Mr. CALVERT (for himself and Mr. BOEHLERT) introduced the following bill; 
which was referred to the Committee on Science 
A BILL 
To reauthorize the human space flight, aeronautics, and 
science programs of the National Aeronautics and Space 
Administration, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘National Aeronautics 
and Space Administration Authorization Act of 2005’’. 
SEC. 2. FINDINGS. 
The Congress finds that—
(1) on January 14, 2004, the President un-
veiled the Vision for Space Exploration to guide 
United States policy on human space exploration; 
(2) the National Aeronautics and Space Admin-
istration should continue to support robust programs 
in space science, aeronautics, and earth science as it 
moves forward with plans to send Americans to the 
Moon, Mars, and worlds beyond; and 
(3) the National Aeronautics and Space Admin-
istration’s programs can advance the frontiers of 
science, expanding understanding of our planet and 
of the universe, and contribute to American pros-
perity. 
SEC. 3. DEFINITIONS. 
For the purposes of this Act— 
(1) the term ‘‘Administration’’ means the Na-
tional Aeronautics and Space Administration; and 
(2) the term ‘‘Administrator’’ means the Ad-
ministrator of the National Aeronautics and Space 
Administration. 
SEC. 4. RESPONSIBILITIES, POLICIES, AND PLANS. 
(a) GENERAL RESPONSIBILITIES.— 
(1) PROGRAMS.—The Administrator shall en-
sure that the Administration carries out a balanced
set of programs that shall include, at a minimum, 
programs in— 
(A) human space flight, in accordance with 
subsection (b); 
(B) aeronautics research and development; 
and 
(C) scientific research, which shall include, 
at a minimum— 
(i) robotic missions to study planets, 
and to deepen understanding of astronomy, 
astrophysics, and other areas of science 
that can be productively studied from 
space; 
(ii) earth science research and re-
search 
on 
the 
Sun-Earth 
connection 
through the development and operation of 
research satellites and other means; and 
(iii) support of university research in 
space science and earth science. 
(2) CONSULTATION
AND
COORDINATION.—In 
carrying out the programs of the Administration, the 
Administrator shall— 
(A) consult and coordinate to the extent 
appropriate with other relevant Federal agen-
cies, including through the National Science 
and Technology Council; 
(B) work closely with the private sector, 
including by— 
(i) encouraging the work of entre-
preneurs who are seeking to develop new 
means to send satellites, crew, or cargo to 
outer space; 
(ii) contracting with the private sector 
for crew and cargo services to the extent 
practicable; and 
(iii) 
using 
commercially 
available 
products (including software) and services 
to the extent practicable to support all Ad-
ministration activities; and 
(C) involve other nations to the extent ap-
propriate. 
(b) VISION FOR SPACE EXPLORATION.— 
(1) GOALS.—The Administrator shall manage 
human space flight programs so as to achieve the 
following goals: 
(A) Returning Americans to the Moon no 
later than 2020. 
(B) Launching the Crew Exploration Vehi-
cle as close to 2010 as possible.
(C) Increasing knowledge of the impacts of 
long duration stays in space on the human body 
using the most appropriate facilities available. 
(D) Enabling humans to land on and re-
turn from Mars and other destinations on a 
timetable that is technically and fiscally pos-
sible. 
(2) SPACE SHUTTLE.—The Space Shuttle shall 
not be launched after December 31, 2010. 
(c) AERONAUTICS.— 
(1) IN GENERAL.—The President of the United 
States, through the Administrator, and in consulta-
tion with other Federal agencies, shall develop a na-
tional aeronautics policy to guide the aeronautics 
programs of the Administration through 2020. 
(2) CONTENT.—At a minimum, the national 
aeronautics policy shall describe for the Administra-
tion— 
(A) the priority areas of research for aero-
nautics through fiscal year 2011; 
(B) the basis on which and the process by 
which priorities for ensuing fiscal years will be 
selected;
(C) the facilities and personnel needed to 
carry out the aeronautics program through fis-
cal year 2011; and 
(D) the budget assumptions on which the 
national aeronautics policy is based. 
(3) CONSIDERATIONS.—In developing the na-
tional aeronautics policy, the President shall con-
sider the following issues, which shall be discussed 
in the transmittal under paragraph (5): 
(A) The extent to which the Administra-
tion should focus on long-term, high-risk re-
search or more incremental research, and the 
expected impact on the United States aircraft 
and airline industries of that decision. 
(B) The extent to which the Administra-
tion should address military and commercial 
needs. 
(C) How the Administration will coordi-
nate its aeronautics program with other Federal 
agencies. 
(D) The extent to which the Administra-
tion will fund university research, and the ex-
pected impact of that funding on the supply of 
United States workers for the aeronautics in-
dustry.
(4) CONSULTATION.—In the development of the 
national aeronautics policy, the Administrator shall 
consult widely with academic and industry experts 
and with other Federal agencies. The Administrator 
may enter into an arrangement with the National 
Academy of Sciences to help develop the national 
aeronautics policy. 
(5) 
SCHEDULE.—The 
Administrator 
shall 
transmit the national aeronautics policy to the Com-
mittee on Appropriations and the Committee on 
Science of the House of Representatives, and to the 
Committee on Appropriations and the Committee on 
Commerce, Science, and Transportation of the Sen-
ate, not later than the date on which the President 
submits the proposed budget for the Federal Gov-
ernment for fiscal year 2007 to the Congress. The 
Administrator shall make available to those commit-
tees any study done by a nongovernmental entity 
that was used in the development of the national 
aeronautics policy. 
(d) SCIENCE.— 
(1) IN GENERAL.—The Administrator shall de-
velop a policy to guide the science programs of the 
Administration through 2020.
(2) CONTENT.—At a minimum, the policy shall 
describe— 
(A) the missions the Administration will 
initiate, design, develop, launch, or operate in 
space science and earth science through fiscal 
year 2011, including launch dates; 
(B) a priority ranking of all of the mis-
sions listed under subparagraph (A), and the 
rationale for the ranking; 
(C) the budget assumptions on which the 
policy is based; and 
(D) the facilities and personnel needed to 
carry out the science policy through fiscal year 
2011. 
(3) 
CONSIDERATIONS.—In 
developing 
the 
science policy under this subsection, the Adminis-
trator shall consider the following issues, which shall 
be discussed in the transmittal under paragraph (6): 
(A) What the most important scientific 
questions in space science and earth science 
are. 
(B) The relationship between the Adminis-
tration’s space and earth science activities and 
those of other Federal agencies.
(4) CONSULTATION.—In developing the policy 
under this subsection, the Administrator shall draw 
on decadal surveys and other reports in planetary 
science, astronomy, solar and space physics, earth 
science, and any other relevant fields developed by 
the National Academy of Sciences. The Adminis-
trator shall also consult widely with academic and 
industry experts and with other Federal agencies. 
(5) HUBBLE
SPACE
TELESCOPE.—The policy 
developed under this subsection shall address plans 
for a human mission to repair the Hubble Space 
Telescope. 
(6) 
SCHEDULE.—The 
Administrator 
shall 
transmit the policy developed under this subsection 
to the Committee on Science of the House of Rep-
resentatives and the Committee on Commerce, 
Science, and Transportation of the Senate not later 
than the date on which the President submits the 
proposed budget for the Federal Government for fis-
cal year 2007 to the Congress. The Administrator 
shall make available to those committees any study 
done by a nongovernmental entity that was used in 
the development of the policy. 
(e) FACILITIES.—
(1) IN GENERAL.—The Administrator shall de-
velop a plan for managing the Administration’s fa-
cilities through fiscal year 2015. The plan shall be 
consistent with the policies and plans developed pur-
suant to this section. 
(2) CONTENT.—At a minimum, the plan shall 
describe— 
(A) any new facilities the Administration 
intends to acquire, whether through construc-
tion, purchase, or lease, and the expected dates 
for doing so; 
(B) any facilities the Administration in-
tends to significantly modify, and the expected 
dates for doing so; 
(C) any facilities the Administration in-
tends to close, and the expected dates for doing 
so; 
(D) any transaction the Administration in-
tends to conduct to sell, lease, or otherwise 
transfer the ownership of a facility, and the ex-
pected dates for doing so; 
(E) how each of the actions described in 
subparagraphs (A), (B), (C), and (D) will en-
hance the ability of the Administration to carry 
out its programs;
(F) the expected costs or savings expected 
from each of the actions described in subpara-
graphs (A), (B), (C), and (D); 
(G) the priority order of the actions de-
scribed in subparagraphs (A), (B), (C), and 
(D); 
(H) the budget assumptions of the plan; 
and 
(I) how facilities were evaluated in devel-
oping the plan. 
(3) 
SCHEDULE.—The 
Administrator 
shall 
transmit the plan developed under this subsection to 
the Committee on Science of the House of Rep-
resentatives and the Committee on Commerce, 
Science, and Transportation of the Senate not later 
than the date on which the President submits the 
proposed budget for the Federal Government for fis-
cal year 2008 to the Congress. 
(f) WORKFORCE.— 
(1) IN GENERAL.—The Administrator shall de-
velop a human capital strategy to ensure that the 
Administration has a workforce of the appropriate 
size and with the appropriate skills to carry out the 
programs of the Administration, consistent with the 
policies and plans developed pursuant to this section.
The strategy shall cover the period through fiscal 
year 2011. 
(2) CONTENT.—The strategy shall describe, at 
a minimum— 
(A) any categories of employees the Ad-
ministration intends to reduce, the expected size 
and timing of those reductions, the methods the 
Administration intends to use to make the re-
ductions, and the reasons the Administration no 
longer needs those employees; 
(B) any categories of employees the Ad-
ministration intends to increase, the expected 
size and timing of those increases, the methods 
the Administration intends to use to recruit the 
additional employees, and the reasons the Ad-
ministration needs those employees; and 
(C) the budget assumptions of the strat-
egy, and any expected additional costs or sav-
ings from the strategy by fiscal year. 
(3) 
SCHEDULE.—The 
Administrator 
shall 
transmit the strategy developed under this sub-
section to the Committee on Science of the House of 
Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate not later 
than the date on which the President submits the
proposed budget for the Federal Government for fis-
cal year 2007 to the Congress. 
(4) LIMITATION.—The Administration may not 
initiate any buyout offer or Reduction in Force until 
60 days after the strategy required by this sub-
section has been transmitted to the Congress in ac-
cordance with paragraph (3). 
(g) CENTER MANAGEMENT.— 
(1) IN GENERAL.—The Administrator shall con-
duct a study to determine whether any of the Ad-
ministration’s centers should be operated by or with 
the private sector by converting a center to a Feder-
ally Funded Research and Development Center or 
through any other mechanism. 
(2) CONTENT.—The study shall, at a min-
imum— 
(A) make a recommendation for the oper-
ation of each center and provide reasons for 
that recommendation; and 
(B) describe the advantages and disadvan-
tages of each mode of operation considered in 
the study. 
(3) 
CONSIDERATIONS.—In 
conducting 
the 
study, the Administrator shall take into consider-
ation the experiences of other relevant Federal agen-
cies in operating laboratories and centers and any 
reports that have reviewed the mode of operation of 
those laboratories and centers, as well as any reports 
that have reviewed the Administration’s centers. 
(4) 
SCHEDULE.—The 
Administrator 
shall 
transmit the study conducted under this subsection 
to the Committee on Science of the House of Rep-
resentatives and the Committee on Commerce, 
Science, and Transportation of the Senate not later 
than May 31, 2006. 
(h) BUDGETS.—The proposed budget for the Admin-
istration submitted by the President for each fiscal year 
shall be accompanied by documents showing— 
(1) the budget for each element of the human 
space flight program; 
(2) the budget for aeronautics; 
(3) the budget for space science; 
(4) the budget for earth science; 
(5) the Corporate and Center General and Ad-
ministrative expenses and Service Pool costs for each 
center and for headquarters, and for each direc-
torate; 
(6) the budget for the Integrated Financial 
Management Program, by individual element;
(7) the budget for the Independent Technical 
Authority, both total and by center; 
(8) the budget for public relations, by program; 
(9) the comparable figures for at least the 2 
previous fiscal years for each item in the proposed 
budget; and 
(10) the amount of unobligated funds and un-
expended funds, by appropriations account, that will 
be carried over into the year for which the budget 
is being presented, and the estimated amount of un-
obligated funds and unexpended funds that will re-
main at the end of the year for which the budget is 
being presented. 
SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to the Ad-
ministration for fiscal year 2006 $16,471,050,000. 
SEC. 6. REPORTS. 
(a) IMMEDIATE ISSUES.—Not later than September 
30, 2005, the Administrator shall transmit to the Com-
mittee on Science of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of 
the Senate a report on each of the following items: 
(1) The research agenda for the International 
Space Station and its proposed final configuration.
(2) The number of flights the Space Shuttle 
will make before its retirement, the purpose of those 
flights, and the expected date of the final flight. 
(3) A description of the means, other than the 
Space Shuttle, that may be used to ferry crew and 
cargo to the International Space Station. 
(4) A plan for the operation of the Inter-
national Space Station in the event that the Iran 
Nonproliferation Act of 2000 is not amended. 
(5) A description of the launch vehicle for the 
Crew Exploration Vehicle. 
(6) A description of any heavy lift vehicle the 
Administration intends to develop, the intended uses 
of that vehicle, and whether the decision to develop 
that vehicle has undergone an interagency review. 
(7) A description of the intended purpose of 
lunar missions and the architecture for those mis-
sions. 
(8) The program goals for Project Prometheus. 
(9) A plan for managing the cost increase for 
the James Webb Space Telescope. 
(b) CREW EXPLORATION VEHICLE.—The Adminis-
trator shall not enter into a development contract for the 
Crew Exploration Vehicle until at least 30 days after the 
Administrator has transmitted to the Committee on
Science of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate a report describing— 
(1) the expected cost of the Crew Exploration 
Vehicle through fiscal year 2020, based on the speci-
fications of that development contract; and 
(2) the expected budgets for each fiscal year 
through fiscal year 2020 for human space explo-
ration, 
aeronautics, 
space 
science, 
and 
earth 
science— 
(A) first assuming inflationary growth for 
the budget of the Administration as a whole 
and including costs for the Crew Exploration 
Vehicle as projected under paragraph (1); and 
(B) then assuming inflationary growth for 
the budget of the Administration as a whole 
and including at least two cost estimates for the 
Crew Exploration Vehicle that are higher than 
those projected under paragraph (1), based on 
the Administration’s past experience with cost 
increases for similar programs, along with a de-
scription of the reasons for selecting the cost 
estimates used for the calculations under this 
subparagraph and the probability that the cost
of the Crew Exploration Vehicle will reach those 
estimated amounts. 
(c) SPACE COMMUNICATIONS.—Not later than Feb-
ruary 15, 2007, the Administrator shall transmit to the 
Committee on Science of the House of Representatives 
and the Committee on Commerce, Science, and Transpor-
tation of the Senate a plan for updating the space commu-
nications and navigation architecture for both low Earth 
orbit and deep space exploration so that it is capable of 
handling the activities described pursuant to section 4(b) 
and (d). The plan shall include life-cycle cost estimates, 
milestones, estimated performance capabilities, and 5-year 
funding profiles. The Administrator shall consult with 
other relevant Federal agencies in developing the plan 
under this subsection and shall include in the plan an esti-
mate of the amount of any reimbursements the Adminis-
tration is likely to receive from other Federal agencies dur-
ing the expected life of the upgrades described in the plan. 
(d) PUBLIC RELATIONS.—The Administration shall 
not initiate the national awareness campaign required by 
the report of the Committee on Appropriations of the 
House of Representatives accompanying the Science, 
State, Justice, Commerce, and Related Agencies Appro-
priations Act, 2006 until 30 days after the Administrator 
has transmitted a report to the Committee on Appropria-
tions and the Committee on Science of the House of Rep-
resentatives, and to the Committee on Appropriations and 
the Committee on Commerce, Science, and Transportation 
of the Senate, describing the activities that will be under-
taken as part of the awareness campaign and their ex-
pected cost. 
(e) JOINT DARK ENERGY MISSION.—The Adminis-
trator and the Director of the Department of Energy Of-
fice of Science shall jointly transmit to the Committee on 
Science of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate, not later than the date on which the President 
submits the proposed budget for the Federal Government 
for fiscal year 2007, a report on plans for a Joint Dark 
Energy Mission. The report shall include the amount of 
funds each agency intends to expend on the Joint Dark 
Energy Mission for each of the fiscal years 2007 through 
2011, and specific milestones for the development and 
launch of the Mission. 
(f) SHUTTLE EMPLOYEE TRANSITION.—The Admin-
istrator shall consult with other appropriate Federal agen-
cies and with Administration contractors and employees 
to develop a transition plan for Federal and contractor 
personnel engaged in the Space Shuttle program. The plan 
shall include actions to assist Federal and contractor per-
sonnel to take advantage of training, retraining, job place-
ment, and relocation programs, and any other actions that 
the Administration will take to assist the employees. The 
Administrator shall transmit the plan to the Committee 
on Science of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate not later than 90 days after the date of enactment 
of this Act. 
(g) OFFICE OF SCIENCE AND TECHNOLOGY POL-
ICY.— 
(1) STUDY.—The Director of the Office of 
Science and Technology Policy shall conduct a study 
to determine— 
(A) if any research and development pro-
grams of the Administration are unnecessarily 
duplicating aspects of programs of other Fed-
eral agencies; and 
(B) if any research and development pro-
grams of the Administration are neglecting any 
topics of national interest that are related to 
the mission of the Administration. 
(2) REPORT.—Not later than March 1, 2006, 
the Director of the Office of Science and Technology 
Policy shall transmit to the Committee on Science of 
the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Sen-
ate a report that— 
(A) describes the results of the study 
under paragraph (1); 
(B) recommends any changes to the re-
search and development programs of the Ad-
ministration that should be made to eliminate 
unnecessary duplication or address topics of na-
tional interest; and 
(C) describes mechanisms the Office of 
Science and Technology Policy will use to en-
sure adequate coordination between the Admin-
istration and Federal agencies that operate re-
lated programs. 
SEC. 7. BASELINES AND COST CONTROLS. 
(a) CONDITIONS FOR DEVELOPMENT.— 
(1) IN
GENERAL.—The Administration shall 
not enter into a contract for the development phase 
of a major program unless the Administrator deter-
mines that— 
(A) the technical, cost, and schedule risks 
of the program are clearly identified and the 
program has developed a plan to manage those 
risks; and
(B) the program complies with all relevant 
policies, regulations, and directives of the Ad-
ministration. 
(2) REPORT.—The Administrator shall trans-
mit a report describing the basis for the determina-
tion required under paragraph (1) to the Committee 
on Science of the House of Representatives and the 
Committee on Commerce, Science, and Transpor-
tation of the Senate at least 30 days before entering 
into a contract for development under a major pro-
gram. 
(3) NONDELEGATION.—The Administrator may 
not delegate the determination requirement under 
this subsection. 
(b) MAJOR PROGRAM ANNUAL REPORTS.— 
(1) REQUIREMENT.—Not later than February 
15 of each year following the date of enactment of 
this Act, the Administrator shall transmit to the 
Committee on Science of the House of Representa-
tives and the Committee on Commerce, Science, and 
Transportation of the Senate a report on each major 
program for which the Administration proposes to 
expend funds in the subsequent fiscal year. Reports 
under this section shall be known as Major Program 
Annual Reports.
(2) BASELINE REPORT.—The first Major Pro-
gram Annual Report for each major program shall 
include a Baseline Report that shall, at a minimum, 
include— 
(A) the purposes of the program and key 
technical characteristics necessary to fulfill 
those purposes; 
(B) an estimate of the life-cycle cost for 
the program, with a detailed breakout of the 
development cost and an estimate of the annual 
costs until the development is completed; 
(C) the schedule for the development, in-
cluding key program milestones; and 
(D) the name of the person responsible for 
making notifications under subsection (c), who 
shall be an individual whose primary responsi-
bility is overseeing the program. 
(3) INFORMATION UPDATES.—For major pro-
grams with respect to which a Baseline Report has 
been previously submitted, each subsequent Major 
Program Annual Report shall describe any changes 
to the information that had been provided in the 
Baseline Report, and the reasons for those changes. 
(c) NOTIFICATION.—
(1) REQUIREMENT.—The individual identified 
under subsection (b)(2)(D) shall immediately notify 
the Administrator any time that individual has rea-
sonable cause to believe that, for the major program 
for which he or she is responsible— 
(A) the development cost of the program is 
likely to exceed the estimate provided in the 
Baseline Report of the program by 15 percent 
or more; or 
(B) a milestone of the program is likely to 
be delayed by 6 months or more from the date 
provided for it in the Baseline Report of the 
program. 
(2) REASONS.—Not later than 7 days after the 
notification required under paragraph (1), the indi-
vidual identified under subsection (b)(2)(D) shall 
transmit to the Administrator a written notification 
explaining the reasons for the change in the cost or 
milestone of the program for which notification was 
provided under paragraph (1). 
(3) NOTIFICATION
OF
CONGRESS.—Not later 
than 5 days after the Administrator receives a writ-
ten notification under paragraph (2), the Adminis-
trator shall transmit the notification to the Com-
mittee on Science of the House of Representatives
and the Committee on Commerce, Science, and 
Transportation of the Senate. 
(d) FIFTEEN PERCENT THRESHOLD.—Not later 
than 30 days after receiving a written notification under 
subsection (c)(2), the Administrator shall determine 
whether the development cost of the program is likely to 
exceed the estimate provided in the Baseline Report of the 
program by 15 percent or more, or whether a milestone 
is likely to be delayed by 6 months or more. If the deter-
mination is affirmative, the Administrator shall— 
(1) transmit to the Committee on Science of the 
House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Sen-
ate, not later than 14 days after making the deter-
mination, a report that includes— 
(A) a description of the increase in cost or 
delay in schedule and a detailed explanation for 
the increase or delay; 
(B) a description of actions taken or pro-
posed to be taken in response to the cost in-
crease or delay; and 
(C) a description of any impacts the cost 
increase or schedule delay will have on any 
other program within the Administration; and
(2) if the Administrator intends to continue 
with the program, promptly initiate an analysis of 
the program, which shall include, at a minimum— 
(A) the projected cost and schedule for 
completing the program if current requirements 
of the program are not modified; 
(B) the projected cost and the schedule for 
completing the program after instituting the ac-
tions described under paragraph (1)(B); and 
(C) a description of, and the projected cost 
and schedule for, a broad range of alternatives 
to the program. 
The Administration shall complete an analysis initiated 
under paragraph (2) not later than 6 months after the 
Administrator makes a determination under this sub-
section. The Administrator shall transmit the analysis to 
the Committee on Science of the House of Representatives 
and Committee on Commerce, Science, and Transpor-
tation of the Senate not later than 30 days after its com-
pletion. 
(e) THIRTY PERCENT THRESHOLD.—If the Adminis-
trator determines under subsection (d) that the develop-
ment cost of a program will exceed the estimate provided 
in the Baseline Report of the program by more than the 
lower of 30 percent or $1,000,000,000, then, beginning
1 year after the date the Administrator transmits a report 
under subsection (d)(1), the Administrator shall not ex-
pend any additional funds on the program, other than ter-
mination costs, unless the Congress has subsequently au-
thorized continuation of the program by law. If the pro-
gram is continued, the Administrator shall submit a new 
Baseline Report for the program no later than 90 days 
after the date of enactment of the Act under which Con-
gress has authorized continuation of the program. 
(f) DEFINITIONS.—For the purposes of this section— 
(1) the term ‘‘development’’ means the phase of 
a program following the formulation phase and be-
ginning with the approval to proceed to implementa-
tion, as defined in the Administration’s Procedural 
Requirements 7120.5c, dated March 22, 2005; 
(2) the term ‘‘development cost’’ means the 
total of all costs, including construction of facilities 
and civil servant costs, from the period beginning 
with the approval to proceed to implementation 
through the achievement of operational readiness, 
without regard to funding source or management 
control, for the life of the program; 
(3) the term ‘‘life-cycle cost’’ means the total of 
the direct, indirect, recurring, and nonrecurring 
costs, including the construction of facilities and civil
servant costs, and other related expenses incurred or 
estimated to be incurred in the design, development, 
verification, production, operation, maintenance, 
support, and retirement of a program over its 
planned lifespan, without regard to funding source 
or management control; and 
(4) the term ‘‘major program’’ means an activ-
ity approved to proceed to implementation that has 
an 
estimated 
life-cycle 
cost 
of 
more 
than 
$100,000,000. 
SEC. 8. PRIZE AUTHORITY. 
The National Aeronautics and Space Act of 1958 (42 
U.S.C. 2451, et seq.) is amended by inserting after section 
313 the following new section: 
‘‘PRIZE AUTHORITY 
‘‘SEC. 314. (a) IN GENERAL.—The Administration 
may carry out a program to competitively award cash 
prizes to stimulate innovation in basic and applied re-
search, technology development, and prototype demonstra-
tion that have the potential for application to the perform-
ance of the space and aeronautical activities of the Admin-
istration. The Administration may carry out a program 
to award prizes only in conformity with this section. 
‘‘(b) TOPICS.—In selecting topics for prize competi-
tions, the Administrator shall consult widely both within
and outside the Federal Government, and may empanel 
advisory committees. 
‘‘(c) ADVERTISING.—The Administrator shall widely 
advertise prize competitions to encourage participation. 
‘‘(d) REQUIREMENTS AND REGISTRATION.—For each 
prize competition, the Administrator shall publish a notice 
in the Federal Register announcing the subject of the com-
petition, the rules for being eligible to participate in the 
competition, the amount of the prize, and the basis on 
which a winner will be selected. 
‘‘(e) ELIGIBILITY.—To be eligible to win a prize 
under this section, an individual or entity— 
‘‘(1) shall have registered to participate in the 
competition pursuant to any rules promulgated by 
the Administrator under subsection (d); 
‘‘(2) shall have complied with all the require-
ments under this section; 
‘‘(3) in the case of a private entity, shall be in-
corporated in and maintain a primary place of busi-
ness in the United States, and in the case of an in-
dividual, whether participating singly or in a group, 
shall be a citizen or permanent resident of the 
United States; and
‘‘(4) shall not be a Federal entity or Federal 
employee acting within the scope of their employ-
ment. 
‘‘(f) LIABILITY.—(1) Registered participants must 
agree to assume any and all risks and waive claims against 
the United States Government and its related entities, ex-
cept in the case of willful misconduct, for any injury, 
death, damage, or loss of property, revenue, or profits, 
whether direct, indirect, or consequential, arising from 
their participation in a competition, whether such injury, 
death, damage, or loss arises through negligence or other-
wise. For the purposes of this subparagraph, the term ‘re-
lated entity’ means a contractor or subcontractor at any 
tier, and a supplier, user, customer, cooperating party, 
grantee, investigator, or detailee. 
‘‘(2) Participants must obtain liability insurance or 
demonstrate financial responsibility in amounts to com-
pensate for the maximum probable loss, as determined by 
the Administrator, from claims by— 
‘‘(A) a third party for death, bodily injury, or 
property damage, or loss resulting from an activity 
carried out in connection with participation in a 
competition, with the Federal Government named as 
an additional insured under the registered partici-
pant’s insurance policy and registered participants
agreeing to indemnify the Federal Government 
against third party claims for damages arising from 
or related to competition activities; and 
‘‘(B) the United States Government for damage 
or loss to Government property resulting from such 
an activity. 
‘‘(g) INTELLECTUAL PROPERTY.—The Federal Gov-
ernment shall not, by virtue of offering or providing a 
prize under this section, be entitled to any intellectual 
property rights derived as a consequence of, or direct rela-
tion to, the participation by a registered participant in a 
competition authorized by this section. This subsection 
shall not be construed to prevent the Administration from 
negotiating a license for the use of intellectual property 
developed for a prize competition under this section. 
‘‘(h) JUDGES.—For each competition, the Adminis-
tration, either directly or through a contract under sub-
section (i), shall assemble a panel of qualified judges from 
both within and outside the Administration to select the 
winner or winners of the prize competition on the basis 
described pursuant to subsection (d). Judges for each 
competition shall include individuals from the private sec-
tor. A judge may not— 
‘‘(1) have personal or financial interests in, or 
be employees, officers, directors, or agents of, any
entity that is a registered participant in a competi-
tion; or 
‘‘(2) have a familial or financial relationship 
with an individual who is a registered participant. 
‘‘(i) ADMINISTERING THE COMPETITION.—The Ad-
ministrator may enter into an agreement with a private, 
nonprofit entity to administer the prize competition, sub-
ject to the provisions of this section. 
‘‘(j) FUNDING.—(1) The Administrator may accept 
funds from other Federal agencies and from the private 
sector for cash prizes under this section. Such funds shall 
not increase the amount of a prize after the amount has 
been announced pursuant to subsection (d). The Adminis-
trator may not give any special consideration to any pri-
vate sector entity in return for a donation. 
‘‘(2) Funds appropriated for the program under this 
section shall remain available until expended, and may be 
transferred, reprogrammed, or expended for other pur-
poses only after the expiration of 10 fiscal years after the 
fiscal year for which the funds were originally appro-
priated. No provision in this section permits obligation or 
payment of funds in violation of the Anti-Deficiency Act 
(31 U.S.C. 1341). 
‘‘(3) No prize may be announced under subsection 
(d) until all the funds for that prize have been appro-
priated or obligated for such purpose by a private sector 
source. 
‘‘(4) No prize competition under this section may 
offer a prize in an amount greater than $10,000,000 un-
less 30 days have elapsed after written notice has been 
provided to the Committee on Science of the House of 
Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate. 
‘‘(k) USE OF NASA NAME AND INSIGNIA.—A reg-
istered participant in a competition under this section may 
use the Administration’s name, initials, or insignia only 
after prior review and written approval by the Administra-
tion. 
‘‘(l) COMPLIANCE WITH EXISTING LAW.—The Fed-
eral Government shall not, by virtue of offering or pro-
viding a prize under this section, be responsible for compli-
ance by registered participants in a prize competition with 
Federal law, including licensing, export control, and non-
proliferation laws, and related regulations.’’. 
SEC. 9. MISCELLANEOUS AMENDMENTS. 
(a) RETROCESSION
OF JURISDICTION.—The Na-
tional Aeronautics and Space Act of 1958 (42 U.S.C. 
2451 et seq.) is amended by adding at the end of title 
III the following new section:
‘‘RETROCESSION OF JURISDICTION 
‘‘SEC. 316. (a) Notwithstanding any other provision 
of law, the Administrator may relinquish to a State all 
or part of the legislative jurisdiction of the United States 
over lands or interests under the control of the Adminis-
trator in that State. 
‘‘(b) For purposes of this section, the term ‘State’ 
means any of the several States, the District of Columbia, 
the Commonwealth of Puerto Rico, the United States Vir-
gin Islands, Guam, American Samoa, the Northern Mar-
iana Islands, and any other commonwealth, territory, or 
possession of the United States.’’. 
(b) NASA SCHOLARSHIPS.— 
(1) AMENDMENTS.—Section 9809 of title 5, 
United States Code, is amended— 
(A) in subsection (a)(2) by striking ‘‘Act.’’ 
and inserting ‘‘Act (42 U.S.C. 1885a or 
1885b).’’; 
(B) in subsection (c) by striking ‘‘require.’’ 
and inserting ‘‘require to carry out this sec-
tion.’’; 
(C) in subsection (f)(1) by striking the last 
sentence; and 
(D) in subsection (g)(2) by striking 
‘‘Treasurer of the’’ and all that follows through
‘‘by 3’’ and inserting ‘‘Treasurer of the United 
States’’. 
(2) REPEAL.—The Vision 100—Century of 
Aviation Reauthorization Act is amended by striking 
section 703 (42 U.S.C. 2473e). 
(c) VEHICLE INDEMNIFICATION.—Section 309 of the 
National Aeronautics and Space Act of 1958 (42 U.S.C. 
458c) is amended in subsection (f)(1) by striking ‘‘Decem-
ber 31, 2002’’ through ‘‘September 30, 2005’’ and insert-
ing, ‘‘December 31, 2010, except that the Administrator 
may extend the termination date to a date not later than 
September 30, 2015, if the Administrator has entered into 
an arrangement with the National Academy of Public Ad-
ministration to determine the impact on private parties 
and the Federal Government of eliminating this section’’. 
(d) ISS COST CAP.—Section 202 of the National 
Aeronautics and Space Administration Authorization Act 
of 2002 is repealed. 
SEC. 10. FOREIGN LAUNCH VEHICLES. 
(a) ACCORD WITH SPACE TRANSPORTATION POL-
ICY.—The Administration shall not launch a mission on 
a foreign launch vehicle except in accordance with the 
Space Transportation Policy announced by the President 
on December 21, 2004.
(b) INTERAGENCY COORDINATION.—The Adminis-
tration shall not launch a mission on a foreign launch vehi-
cle unless the Administration commenced the interagency 
coordination required by the Space Transportation Policy 
announced by the President on December 21, 2004, at 
least 90 days before entering into a development contract 
for the mission. 
SEC. 11. COORDINATION WITH THE NATIONAL OCEANIC 
AND ATMOSPHERIC ADMINISTRATION. 
(a) COORDINATING INDIVIDUALS.—For each earth 
science mission undertaken by the Administration, the Ad-
ministrator and the Administrator of the National Oceanic 
and Atmospheric Administration shall each appoint one 
individual to coordinate activities related to the mission 
and to make any appropriate plans for the mission making 
the transition from an Administration mission to a Na-
tional Oceanic and Atmospheric Administration mission. 
(b) COORDINATION REPORT.—Not later than Feb-
ruary 15 of each year, the Under Secretary of Commerce 
for Oceans and Atmosphere and the Administrator shall 
jointly transmit a report to the Committee on Science of 
the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate on how 
the earth science programs of the National Oceanic and 
Atmospheric Administration and the Administration will
be coordinated during the fiscal year following the fiscal 
year in which the report is transmitted. 
SEC. 12. CHARLES ‘‘PETE’’ CONRAD ASTRONOMY AWARDS. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Charles ‘Pete’ Conrad Astronomy Awards Act’’. 
(b) DEFINITIONS.—For the purposes of this sec-
tion— 
(1) the term ‘‘amateur astronomer’’ means an 
individual whose employer does not provide any 
funding, payment, or compensation to the individual 
for the observation of asteroids and other celestial 
bodies, and does not include any individual employed 
as a professional astronomer; 
(2) the term ‘‘Minor Planet Center’’ means the 
Minor Planet Center of the Smithsonian Astro-
physical Observatory; 
(3) the term ‘‘near-Earth asteroid’’ means an 
asteroid with a perihelion distance of less than 1.3 
Astronomical Units from the Sun; and 
(4) the term ‘‘Program’’ means the Charles 
‘‘Pete’’ Conrad Astronomy Awards Program estab-
lished under subsection (c). 
(c) PETE CONRAD ASTRONOMY AWARD PROGRAM.—
(1) IN GENERAL.—The Administrator shall es-
tablish the Charles ‘‘Pete’’ Conrad Astronomy 
Awards Program. 
(2) AWARDS.—The Administrator shall make 
awards under the Program based on the rec-
ommendations of the Minor Planet Center. 
(3) AWARD
CATEGORIES.—The Administrator 
shall make one annual award, unless there are no el-
igible discoveries or contributions, for each of the 
following categories: 
(A) The amateur astronomer or group of 
amateur astronomers who in the preceding cal-
endar year discovered the intrinsically brightest 
near-Earth asteroid among the near-Earth as-
teroids that were discovered during that year by 
amateur astronomers or groups of amateur as-
tronomers. 
(B) The amateur astronomer or group of 
amateur astronomers who made the greatest 
contribution to the Minor Planet Center’s mis-
sion of cataloguing near-Earth asteroids during 
the preceding year. 
(4) AWARD
AMOUNT.—An award under the 
Program shall be in the amount of $3,000.
(5) GUIDELINES.—(A) No individual who is not 
a citizen or permanent resident of the United States 
at the time of his discovery or contribution may re-
ceive an award under this section. 
(B) The decisions of the Administrator in mak-
ing awards under this section are final. 
SEC. 13. GEORGE E. BROWN, JR. NEAR-EARTH OBJECT SUR-
VEY. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘George E. Brown, Jr. Near-Earth Object Survey Act’’. 
(b) FINDINGS.—The Congress makes the following 
findings: 
(1) Near-Earth objects pose a serious and cred-
ible threat to humankind, as many scientists believe 
that a major asteroid or comet was responsible for 
the mass extinction of the majority of the Earth’s 
species, including the dinosaurs, nearly 65,000,000 
years ago. 
(2) Similar objects have struck the Earth or 
passed through the Earth’s atmosphere several times 
in the Earth’s history and pose a similar threat in 
the future. 
(3) Several such near-Earth objects have only 
been discovered within days of the objects’ closest 
approach to Earth, and recent discoveries of such
large objects indicate that many large near-Earth 
objects remain undiscovered. 
(4) The efforts taken to date by the Adminis-
tration for detecting and characterizing the hazards 
of near-Earth objects are not sufficient to fully de-
termine the threat posed by such objects to cause 
widespread destruction and loss of life. 
(c) DEFINITIONS.—For purposes of this section the 
term ‘‘near-Earth object’’ means an asteroid or comet with 
a perihelion distance of less that 1.3 Astronomical Units 
from the Sun. 
(d) NEAR-EARTH OBJECT SURVEY.— 
(1) SURVEY
PROGRAM.—The Administrator 
shall plan, develop, and implement a Near-Earth 
Object Survey program to detect, track, catalogue, 
and characterize the physical characteristics of near- 
Earth objects equal to or greater than 100 meters 
in diameter in order to assess the threat of such 
near-Earth objects to the Earth. It shall be the goal 
of the Survey program to achieve 90 percent comple-
tion of its near-Earth object catalogue (based on sta-
tistically predicted populations of near-Earth ob-
jects) within 15 years after the date of enactment of 
this Act.
(2) AMENDMENTS.—Section 102 of the Na-
tional Aeronautics and Space Act of 1958 (42 
U.S.C. 2451) is amended— 
(A) by redesignating subsection (g) as sub-
section (h); 
(B) by inserting after subsection (f) the 
following new subsection: 
‘‘(g) The Congress declares that the general welfare 
and security of the United States require that the unique 
competence of the National Aeronautics and Space Ad-
ministration be directed to detecting, tracking, cata-
loguing, and characterizing near-Earth asteroids and com-
ets in order to provide warning and mitigation of the po-
tential hazard of such near-Earth objects to the Earth.’’; 
and 
(C) in subsection (h), as so redesignated 
by subparagraph (A) of this paragraph, by 
striking ‘‘and (f)’’ and inserting ‘‘(f), and (g)’’. 
(3) ANNUAL REPORT.—The Administrator shall 
transmit to the Congress, not later than February 
28 of each of the next 5 years beginning after the 
date of enactment of this Act, a report that provides 
the following:
(A) A summary of all activities taken pur-
suant to paragraph (1) for the previous fiscal 
year. 
(B) A summary of expenditures for all ac-
tivities pursuant to paragraph (1) for the pre-
vious fiscal year. 
(4) INITIAL REPORT.—The Administrator shall 
transmit to Congress not later than 1 year after the 
date of enactment of this Act an initial report that 
provides the following: 
(A) An analysis of possible alternatives 
that the the Administration may employ to 
carry out the Survey program, including 
ground-based and space-based alternatives with 
technical descriptions. 
(B) A recommended option and proposed 
budget to carry out the Survey program pursu-
ant to the recommended option. 
(C) An analysis of possible alternatives 
that the Administration could employ to divert 
an object on a likely collision course with Earth. 
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