IIB 
109TH CONGRESS 
1ST SESSION H. R. 3070 
IN THE SENATE OF THE UNITED STATES 
JULY 25, 2005 
Received; read twice and referred to the Committee on Commerce, Science, 
and Transportation 
AN ACT 
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,
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘National Aeronautics and Space Administration Author-
ization Act of 2005’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Findings. 
Sec. 3. Definitions. 
TITLE I—GENERAL PRINCIPLES AND REPORTS 
Sec. 101. Responsibilities, policies, and plans. 
Sec. 102. Reports. 
Sec. 103. Baselines and cost controls. 
Sec. 104. Prize authority. 
Sec. 105. Foreign launch vehicles. 
Sec. 106. Safety management. 
Sec. 107. Lessons learned and best practices. 
Sec. 108. Commercialization plan. 
Sec. 109. Study on the feasibility of use of ground source heat pumps. 
Sec. 110. Space shuttle return to flight. 
Sec. 111. Whistleblower protection. 
TITLE II—AUTHORIZATION OF APPROPRIATIONS 
Sec. 201. Structure of budgetary accounts. 
Sec. 202. Fiscal year 2006. 
Sec. 203. Fiscal year 2007. 
Sec. 204. ISS research. 
Sec. 205. Test facilities. 
Sec. 206. Proportionality. 
Sec. 207. Limitations on authority. 
Sec. 208. Notice of reprogramming. 
Sec. 209. Cost overruns. 
Sec. 210. Official representational fund. 
Sec. 211. International Space Station cost cap. 
TITLE III—SCIENCE 
Subtitle A—General Provisions 
Sec. 301. Performance assessments. 
Sec. 302. Status report on Hubble Space Telescope servicing mission. 
Sec. 303. Independent assessment of Landsat-NPOESS integrated mission. 
Sec. 304. Assessment of science mission extensions. 
Sec. 305. Microgravity research. 
Sec. 306. Coordination with the National Oceanic and Atmospheric Administra-
tion.
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Subtitle B—Remote Sensing 
Sec. 311. Definitions. 
Sec. 312. Pilot projects to encourage public sector applications. 
Sec. 313. Program evaluation. 
Sec. 314. Data availability. 
Sec. 315. Education. 
Subtitle C—George E. Brown, Jr. Near-Earth Object Survey 
Sec. 321. George E. Brown, Jr. Near-Earth Object Survey. 
TITLE IV—AERONAUTICS 
Sec. 401. Definition. 
Subtitle A—National Policy for Aeronautics Research and Development 
Sec. 411. Policy. 
Subtitle B—NASA Aeronautics Breakthrough Research Initiatives 
Sec. 421. Environmental aircraft research and development initiative. 
Sec. 422. Civil supersonic transport research and development initiative. 
Sec. 423. Rotorcraft and other runway-independent air vehicles research and 
development initiative. 
Subtitle C—Other NASA Aeronautics Research and Development Activities 
Sec. 431. Fundamental research and technology base program. 
Sec. 432. Airspace systems research. 
Sec. 433. Aviation safety and security research. 
Sec. 434. Zero-emissions aircraft research. 
Sec. 435. Mars aircraft research. 
Sec. 436. Hypersonics research. 
Sec. 437. NASA aeronautics scholarships. 
Sec. 438. Aviation weather research. 
Sec. 439. Assessment of wake turbulence research and development program. 
Sec. 440. University-based centers. 
TITLE V—HUMAN SPACE FLIGHT 
Sec. 501. International Space Station completion. 
Sec. 502. Human exploration priorities. 
Sec. 503. GAO assessment. 
TITLE VI—OTHER PROGRAM AREAS 
Subtitle A—Space and Flight Support 
Sec. 601. Orbital debris. 
Sec. 602. Secondary payload capability. 
Subtitle B—Education 
Sec. 611. Institutions in NASA’s minority institutions program. 
Sec. 612. Program to expand distance learning in rural underserved areas. 
Sec. 613. Charles ‘‘Pete’’ Conrad Astronomy Awards. 
Sec. 614. Review of education programs.
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Sec. 615. Equal access to NASA’s education programs. 
Sec. 616. Museums. 
Sec. 617. Review of MUST program. 
TITLE VII—MISCELLANEOUS AMENDMENTS 
Sec. 701. Retrocession of jurisdiction. 
Sec. 702. Extension of indemnification. 
Sec. 703. NASA scholarships. 
Sec. 704. Independent cost analysis. 
Sec. 705. Limitations on off-shore performance of contracts for the procure-
ment of goods and services. 
Sec. 706. Long duration flight. 
TITLE VIII—INDEPENDENT COMMISSIONS 
Sec. 801. Definitions. 
Subtitle A—International Space Station Independent Safety Commission 
Sec. 811. Establishment of Commission. 
Sec. 812. Tasks of the Commission. 
Sec. 813. Sunset. 
Subtitle B—Human Space Flight Independent Investigation Commission 
Sec. 821. Establishment of Commission. 
Sec. 822. Tasks of the Commission. 
Subtitle C—Organization and Operation of Commissions 
Sec. 831. Composition of Commissions. 
Sec. 832. Powers of Commission. 
Sec. 833. Public meetings, information, and hearings. 
Sec. 834. Staff of Commission. 
Sec. 835. Compensation and travel expenses. 
Sec. 836. Security clearances for Commission members and staff. 
Sec. 837. Reporting requirements and termination. 
SEC. 2. FINDINGS. 
The Congress finds the following: 
(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 President’s vision of returning humans 
to the Moon and working toward a sustainable 
human presence there and then venturing further
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into the solar system provides a sustainable rationale 
for the United States human space flight program. 
(3) As we enter the Second Space Age, the Na-
tional Aeronautics and Space Administration 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. 
(4) The National Aeronautics and Space Ad-
ministration’s programs can advance the frontiers of 
science, expanding understanding of our planet and 
of the universe, and contribute to American pros-
perity. 
(5) The United States should honor its inter-
national commitments to the International Space 
Station program. 
(6) The United States must remain the leader 
in aeronautics and aviation. Any erosion of this pre-
eminence is not in the Nation’s economic or security 
interests. Past Federal investments in aeronautics 
research and development have benefited the econ-
omy and national security of the United States and 
improved the quality of life of its citizens. 
(7) Long-term progress in aeronautics and 
space requires continued Federal investment in fun-
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damental research, test facilities, and maintenance 
of a skilled civil service workforce at NASA’s Cen-
ters. 
(8) An important part of NASA’s mission is 
education and outreach. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the National 
Aeronautics and Space Administration. 
(2) ISS.—The term ‘‘ISS’’ means the Inter-
national Space Station. 
(3) NASA.—The term ‘‘NASA’’ means the Na-
tional Aeronautics and Space Administration. 
TITLE I—GENERAL PRINCIPLES 
AND REPORTS 
SEC. 101. RESPONSIBILITIES, POLICIES, AND PLANS. 
(a) GENERAL RESPONSIBILITIES.— 
(1) PROGRAMS.—The Administrator shall en-
sure that NASA carries out a balanced set of pro-
grams that shall include, at a minimum, programs 
in— 
(A) human space flight, in accordance with 
subsection (b);
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(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; 
(iii) support of university research in 
space science, earth science and micro-
gravity science. 
(iv) research on microgravity, includ-
ing research that is not directly related to 
human exploration. 
(2) CONSULTATION
AND
COORDINATION.—In 
carrying out the programs of NASA, the Adminis-
trator shall— 
(A) consult and coordinate to the extent 
appropriate with other relevant Federal agen-
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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 launch satellites, crew, or cargo; 
(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 
NASA activities; and 
(C) involve other nations to the extent ap-
propriate. 
(b) VISION FOR SPACE EXPLORATION.—The Admin-
istrator shall manage human space flight programs to 
strive to achieve the following goals: 
(1) Returning Americans to the Moon no later 
than 2020. 
(2) Launching the Crew Exploration Vehicle as 
close to 2010 as possible.
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(3) Increasing knowledge of the impacts of long 
duration stays in space on the human body using the 
most appropriate facilities available. 
(4) Enabling humans to land on and return 
from Mars and other destinations on a timetable 
that is technically and fiscally possible. 
(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 NASA through 2020. 
(2) CONTENT.—At a minimum, the national 
aeronautics policy shall describe for NASA— 
(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, which for 
fiscal years 2006 and 2007 shall be the author-
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ized level for aeronautics provided in title II of 
this Act. 
(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 NASA should 
focus on long-term, high-risk research or more 
incremental research, and the expected impact 
on the United States aircraft and airline indus-
tries of that decision. 
(B) The extent to which NASA should ad-
dress military and commercial needs. 
(C) How NASA will coordinate its aero-
nautics program with other Federal agencies. 
(D) The extent to which NASA will fund 
university research, and the expected impact of 
that funding on the supply of United States 
workers for the aeronautics industry. 
(E) The extent to which the priority areas 
of research listed pursuant to paragraph (2)(A) 
should include the activities authorized by title 
IV of this Act, the discussion of which shall in-
clude a priority ranking of all of the activities
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authorized in title IV and an explanation for 
that ranking. 
(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.—
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(1) IN GENERAL.—The Administrator shall de-
velop a policy to guide the science programs of 
NASA through 2016. 
(2) CONTENT.—At a minimum, the policy shall 
describe— 
(A) the missions NASA will initiate, de-
sign, develop, launch, or operate in space 
science and earth science through fiscal year 
2016, 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, which for fiscal years 2006 and 
2007 shall be consistent with the authorizations 
provided in title II of this Act; and 
(D) the facilities and personnel needed to 
carry out the policy through fiscal year 2016. 
(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.
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(B) The relationship between NASA’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 consistent with section 302 of this Act. 
(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
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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 NASA’s facilities through 
fiscal year 2015. The plan shall be consistent with 
the policies and plans developed pursuant to this 
section. 
(2) CONTENT.—At a minimum, the plan shall 
describe— 
(A) any new facilities NASA intends to ac-
quire, whether through construction, purchase, 
or lease, and the expected dates for doing so; 
(B) any facilities NASA intends to signifi-
cantly modify, and the expected dates for doing 
so; 
(C) any facilities NASA intends to close, 
and the expected dates for doing so; 
(D) any transaction NASA intends to con-
duct to sell, lease, or otherwise transfer the 
ownership of a facility, and the expected dates 
for doing so; 
(E) how each of the actions described in 
subparagraphs (A), (B), (C), and (D) will en-
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hance the ability of NASA to carry out its pro-
grams; 
(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, 
which for fiscal years 2006 and 2007 shall be 
consistent with the authorizations provided in 
title II of this Act; 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 NASA
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has a workforce of the appropriate size and with the 
appropriate skills to carry out the programs of 
NASA, consistent with the policies and plans devel-
oped 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 NASA in-
tends to reduce, the expected size and timing of 
those reductions, the methods NASA intends to 
use to make the reductions, and the reasons 
NASA no longer needs those employees; 
(B) any categories of employees NASA in-
tends to increase, the expected size and timing 
of those increases, the methods NASA intends 
to use to recruit the additional employees, and 
the reasons NASA needs those employees; 
(C) the steps NASA will use to retain 
needed employees; and 
(D) the budget assumptions of the strat-
egy, which for fiscal years 2006 and 2007 shall 
be consistent with the authorizations provided 
in title II of this Act, and any expected addi-
tional costs or savings from the strategy by fis-
cal year.
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(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. At least 60 days be-
fore transmitting the strategy, NASA shall provide 
a draft of the strategy to its Federal Employee 
Unions for a 30-day consultation period after which 
NASA shall respond in writing to any written con-
cerns provided by the Unions. 
(4) LIMITATION.—NASA may not initiate any 
buyout offer until 60 days after the strategy re-
quired by this subsection has been transmitted to 
the Congress in accordance with paragraph (3). 
NASA may not implement any Reduction in Force 
or other involuntary separations (except for cause) 
prior to February 16, 2007. 
(g) CENTER MANAGEMENT.— 
(1) IN GENERAL.—The Administrator shall con-
duct a study to determine whether any of NASA’s 
centers should be operated by or with the private 
sector by converting a center to a Federally Funded
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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 NASA’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.
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(h) BUDGETS.—The proposed budget for NASA sub-
mitted by the President for each fiscal year shall be ac-
companied 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 budget for microgravity science; 
(6) the budget for education; 
(7) the budget for technology transfer pro-
grams; 
(8) the budget for the Integrated Financial 
Management Program, by individual element; 
(9) the budget for the Independent Technical 
Authority, both total and by center; 
(10) the budget for public relations, by pro-
gram; 
(11) the comparable figures for at least the 2 
previous fiscal years for each item in the proposed 
budget; 
(12) the amount of unobligated funds and un-
expended funds, by appropriations account— 
(A) that remained at the end of the fiscal 
year prior to the fiscal year in which the budget
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is being presented that were carried over into 
the fiscal year in which the budget is being pre-
sented; 
(B) that are estimated will remain at the 
end of the fiscal year in which the budget is 
being presented that are proposed to be carried 
over into the fiscal year for which the budget is 
being presented; and 
(C) that are estimated will remain at the 
end of the fiscal year for which the budget is 
being presented; and 
(13) the budget for safety, by program. 
(i) GENERAL
AND ADMINISTRATIVE EXPENSES.— 
NASA shall make available, upon request from the Com-
mittee on Science of the House of Representatives or the 
Committee on Commerce, Science, and Transportation of 
the Senate, information on Corporate and Center General 
and Administrative Costs and Service Pool costs, includ-
ing— 
(1) the total amount of funds being allocated 
for those purposes for any fiscal year for which the 
President has submitted an annual budget request 
to Congress;
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(2) the amount of funds being allocated for 
those purposes for each center, for headquarters, 
and for each directorate; and 
(3) the major activities included in each cost 
category. 
(j) NASA TEST FACILITIES.— 
(1) REVIEW.—The Director of the Office of 
Science and Technology Policy shall commission an 
independent review of the Nation’s long-term stra-
tegic needs for test facilities and shall submit the re-
view to the Committee on Science of the House of 
Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate. The re-
view shall include an evaluation of the facility needs 
described pursuant to subsection (c)(2)(C). 
(2) LIMITATION.—The Administrator shall not 
close or mothball any aeronautical test facilities 
identified in the 2003 independent assessment by 
the RAND Corporation, entitled ‘‘Wind Tunnel and 
Propulsion Test Facilities: An Assessment of 
NASA’s Capabilities to Serve National Needs’’ as 
being part of the minimum set of those facilities nec-
essary to retain and manage to serve national needs, 
as well as any other non-aeronautical NASA test fa-
cilities that were in use as of January 1, 2004, until
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the review conducted under paragraph (1) has been 
transmitted to the Congress. 
SEC. 102. 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 ISS 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 and from the ISS. 
(4) A plan for the operation of the ISS 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 
NASA intends to develop, the intended uses of that 
vehicle, and whether the decision to develop that ve-
hicle has undergone an interagency review.
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(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 for that development contract; 
(2) the expected budgets for each fiscal year 
through fiscal year 2020 for human space flight, 
aeronautics, space science, and earth science— 
(A) first assuming inflationary growth for 
the budget of NASA as a whole and including 
costs for the Crew Exploration Vehicle as pro-
jected under paragraph (1); and 
(B) then assuming inflationary growth for 
the budget of NASA as a whole and including
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at least two cost estimates for the Crew Explo-
ration Vehicle that are higher than those pro-
jected under paragraph (1), based on NASA’s 
past experience with cost increases for similar 
programs, along with a description of the rea-
sons for selecting the cost estimates used for 
the calculations under this subparagraph and 
the probability that the cost of the Crew Explo-
ration Vehicle will reach those estimated 
amounts; and 
(3) the extent to which the Crew Exploration 
Vehicle will allow for the escape of the crew in the 
event of an emergency. 
(c) SPACE COMMUNICATIONS STUDY.— 
(1) STUDY.—The Administrator shall develop a 
plan for updating NASA’s space communications ar-
chitecture for both low-Earth orbital operations and 
deep space exploration so that it is capable of meet-
ing NASA’s needs over the next 20 years. The plan 
shall also include life-cycle cost estimates, mile-
stones, estimated performance capabilities, and 5- 
year funding profiles. The plan shall also include an 
estimate of the amounts of any reimbursements 
NASA is likely to receive from other Federal agen-
cies during the expected life of the upgrades de-
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scribed in the plan. The plan shall include a descrip-
tion of the following: 
(A) Projected Deep Space Network re-
quirements for the next decade, including those 
in support of human space exploration missions. 
(B) Upgrades needed to support Deep 
Space Network requirements. 
(C) Cost estimates for the maintenance of 
existing Deep Space Network capabilities. 
(D) Cost estimates and schedules for the 
upgrades described in subparagraph (B). 
(2) CONSULTATIONS.—The Administrator shall 
consult with other relevant Federal agencies in de-
veloping the plan under this subsection. 
(3) REPORT.—The Administrator shall trans-
mit the plan under this subsection to the Committee 
on Science of the House of Representatives and the 
Committee on Commerce, Science, and Transpor-
tation of the Senate not later than February 17, 
2007. 
(d) PUBLIC RELATIONS.—Not later than December 
31, 2005, the Administrator shall transmit a plan to the 
Committee on Appropriations and the Committee on 
Science of the House of Representatives, and to the Com-
mittee on Appropriations and the Committee on Com-
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merce, Science, and Transportation of the Senate, describ-
ing the activities that will be undertaken as part of the 
national awareness campaign required by the report of the 
Committee on Appropriations of the House of Representa-
tives accompanying the Science, State, Justice, Commerce, 
and Related Agencies Appropriations Act, 2006, and the 
expected cost of those activities. NASA may undertake ac-
tivities as part of the national awareness campaign prior 
to the transmittal of the plan required by this subsection, 
but not until 15 days after notifying the Committee on 
Science of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate of any activity. The plan required by this sub-
section shall include the estimated costs of any activities 
undertaken pursuant to notice under the preceding sen-
tence. 
(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
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funds each agency intends to expend on the Joint Dark 
Energy Mission for each of the fiscal years 2007 through 
2011, and any 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 NASA contractors and employees to develop 
a transition plan for Federal and contractor personnel en-
gaged in the Space Shuttle program. The plan shall in-
clude actions to assist Federal and contractor personnel 
to take advantage of training, retraining, job placement, 
and relocation programs, and any other actions that 
NASA will take to assist the employees. The plan shall 
also describe how the Administrator will ensure that 
NASA and its contractors will have an appropriate com-
plement of employees to allow for the safest possible use 
of the Space Shuttle through its final flight. The Adminis-
trator shall transmit the plan to the Committee on Science 
of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate not 
later than February 1, 2006. 
(g) OFFICE OF SCIENCE AND TECHNOLOGY POL-
ICY.—
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(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 NASA are unnecessarily duplicating 
aspects of programs of other Federal agencies; 
and 
(B) if any research and development pro-
grams of NASA are neglecting any topics of na-
tional interest that are related to the mission of 
NASA. 
(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) lists the research and development pro-
grams of Federal agencies other than NASA 
that were reviewed as part of the study, which 
shall include any program supporting research 
and development in an area related to the pro-
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grams of NASA, and the most recent budget 
figures for those programs of other agencies; 
(C) recommends any changes to the re-
search and development programs of NASA 
that should be made to eliminate unnecessary 
duplication or address topics of national inter-
est; and 
(D) describes mechanisms the Office of 
Science and Technology Policy will use to en-
sure adequate coordination between NASA and 
Federal agencies that operate related programs. 
(h) OFFICE OF SMALL AND DISADVANTAGED BUSI-
NESS UTILIZATION.—The Administrator shall transmit to 
the Committee on Science and the Committee on Small 
Business of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation and the 
Committee on Small Business and Entrepreneurship of 
the Senate a quarterly report on the NASA Office of Small 
and Disadvantaged Business Utilization, which shall in-
clude a description of the outreach activities of the Office 
and the impact of such activities on the participation of 
small businesses, including small businesses owned by 
women and minorities, in NASA contracts. 
SEC. 103. BASELINES AND COST CONTROLS. 
(a) CONDITIONS FOR DEVELOPMENT.—
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(1) IN GENERAL.—NASA shall not enter into a 
contract for the development phase of a major pro-
gram unless the Administrator determines 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 NASA. 
(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, except in cases in which the Admin-
istrator has a conflict of interest. 
(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
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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 NASA 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, program reserves, and an es-
timate of the annual costs until the develop-
ment is completed; 
(C) the schedule for the development, in-
cluding key program milestones; 
(D) the plan for mitigating technical, 
schedule, and cost risks prepared in accordance 
with subsection (a)(1)(A); and
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(E) 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.
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(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-
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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 NASA; 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. 
NASA shall complete an analysis initiated under para-
graph (2) not later than 6 months after the Administrator
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makes a determination under this subsection. The Admin-
istrator shall transmit the analysis to the Committee on 
Science of the House of Representatives and Committee 
on Commerce, Science, and Transportation of the Senate 
not later than 30 days after its completion. 
(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 
18 months after the date the Administrator transmits a 
report under subsection (d)(1), the Administrator shall 
not expend any additional funds on the program, other 
than termination costs, unless the Congress has subse-
quently authorized continuation of the program by law. 
An appropriation for the program enacted subsequent to 
a report being transmitted shall be considered an author-
ization for purposes of this subsection. If the program 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 Congress 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-
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ginning with the approval to proceed to implementa-
tion, as defined in NASA’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 
$150,000,000.
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SEC. 104. 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.
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‘‘(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 paragraph, the term ‘related
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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 deter-
mined 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) JUDGES.—For each competition, the Adminis-
tration, either directly or through a contract under sub-
section (h), shall assemble a panel of qualified judges 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 outside the
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Administration, including from the private sector. A judge 
may not— 
‘‘(1) have personal or financial interests in, or 
be an employee, officer, director, or agent of any en-
tity that is a registered participant in a competition; 
or 
‘‘(2) have a familial or financial relationship 
with an individual who is a registered participant. 
‘‘(h) 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. 
‘‘(i) FUNDING.—(1) The Administrator may accept 
funds from other Federal agencies and from the private 
sector for cash prizes under this section. The Adminis-
trator may not give any special consideration to any pri-
vate sector entity in return for a donation. 
‘‘(2) Notwithstanding any other provision of law, 
funds appropriated for prize awards under this section 
shall remain available until expended, and may be trans-
ferred, reprogrammed, or expended for other purposes 
only after the expiration of 10 fiscal years after the fiscal 
year for which the funds were originally appropriated. No 
provision in this section permits obligation or payment of
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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 needed to pay out the announced 
amount of the prize have been appropriated or committed 
in writing by a private source. The Administrator may in-
crease the amount of a prize after an initial announcement 
is made under subsection (d) if— 
(A) notice of the increase is provided in the 
same manner as the initial notice of the prize; and 
(B) the funds needed to pay out the announced 
amount of the increase have been appropriated or 
committed in writing by a private 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. 
‘‘(j) 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.
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‘‘(k) 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. 105. FOREIGN LAUNCH VEHICLES. 
(a) ACCORD WITH SPACE TRANSPORTATION POL-
ICY.—NASA shall not launch a mission on a foreign 
launch vehicle except in accordance with the Space Trans-
portation Policy announced by the President on December 
21, 2004. 
(b) INTERAGENCY COORDINATION.—NASA shall not 
launch a mission on a foreign launch vehicle unless NASA 
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. 
(c) APPLICATION.—This section shall not apply to 
any mission for which development has begun prior to the 
date of enactment of this Act, including the James Webb 
Space Telescope.
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SEC. 106. SAFETY MANAGEMENT. 
Section 6 of the National Aeronautics and Space Ad-
ministration Authorization Act, 1968 (42 U.S.C. 2477) is 
amended— 
(1) by inserting ‘‘(a) IN GENERAL.—’’ before 
‘‘There is hereby’’; 
(2) by striking ‘‘plans referred to it’’ and in-
serting ‘‘plans referred to it, including evaluating the 
National Aeronautics and Space Administration’s 
compliance with the return-to-flight and continue-to- 
fly recommendations of the Columbia Accident In-
vestigation Board,’’; 
(3) by inserting ‘‘and the Congress’’ after ‘‘ad-
vise the Administrator’’; 
(4) by striking ‘‘and with respect to the ade-
quacy of proposed or existing safety standards and 
shall’’ and inserting ‘‘, with respect to the adequacy 
of proposed or existing safety standards, and with 
respect to management and culture. The Panel shall 
also’’; and 
(5) by adding at the end the following: 
‘‘(b) ANNUAL REPORT.—The Panel shall submit an 
annual report to the Administrator and to the Congress. 
In the first annual report submitted after the date of en-
actment of the National Aeronautics and Space Adminis-
tration Authorization Act of 2005, the Panel shall include
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an evaluation of the Administration’s safety management 
culture. Each annual report shall include an evaluation of 
the Administration’s compliance with the recommenda-
tions of the Columbia Accident Investigation Board.’’. 
SEC. 107. LESSONS LEARNED AND BEST PRACTICES. 
(a) IN GENERAL.—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 an implementation plan de-
scribing NASA’s approach for obtaining, implementing, 
and sharing lessons learned and best practices for its 
major programs and projects not later than 180 days after 
the date of enactment of this Act. The implementation 
plan shall be updated and maintained to ensure that it 
is current and consistent with the burgeoning culture of 
learning and safety that is emerging at NASA. 
(b) REQUIRED CONTENT.—The implementation plan 
shall contain at a minimum the lessons learned and best 
practices requirements for NASA, the organizations or po-
sitions responsible for enforcement of the requirements, 
the reporting structure, and the objective performance 
measures indicating the effectiveness of the activity. 
(c) INCENTIVES.—The Administrator shall provide 
incentives to encourage sharing and implementation of les-
sons learned and best practices by employees, projects,
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and programs, as well as penalties for programs and 
projects that are determined not to have demonstrated use 
of those resources. 
SEC. 108. COMMERCIALIZATION PLAN. 
(a) IN GENERAL.—The Administrator, in consulta-
tion with other relevant agencies, shall develop a commer-
cialization plan to support the human missions to the 
Moon and Mars, to support Low-Earth Orbit activities 
and Earth science missions and applications, and to trans-
fer science research and technology to society. The plan 
shall identify opportunities for the private sector to par-
ticipate in the future missions and activities, including op-
portunities for partnership between NASA and the private 
sector in conducting research and the development of tech-
nologies and services. The plan shall include provisions for 
developing and funding sustained university and industry 
partnerships to conduct commercial research and tech-
nology development, to proactively translate results of 
space research to Earth benefits, to advance United States 
economic interests, and to support the vision for explo-
ration. 
(b) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the Administrator shall submit 
a copy of the plan to the Committee on Science of the
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House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate. 
SEC. 109. STUDY ON THE FEASIBILITY OF USE OF GROUND 
SOURCE HEAT PUMPS. 
(a) IN GENERAL.—The Administrator shall conduct 
a feasibility study on the use of ground source heat pumps 
in future NASA facilities or substantial renovation of ex-
isting NASA facilities involving the installation of heating, 
ventilating, and air conditioning systems. Not later than 
1 year after the date of enactment of this Act, the Admin-
istrator shall transmit the study to the Committee on 
Science of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate. 
(b) CONTENTS.—The study shall examine— 
(1) the life-cycle costs, including maintenance 
costs, of the operation of such heat pumps compared 
to generally available heating, cooling, and water 
heating equipment; 
(2) barriers to installation, such as availability 
and suitability of terrain; and 
(3) such other issues as the Administrator con-
siders appropriate. 
(c) DEFINITION.—In this section, the term ‘‘ground 
source heat pump’’ means an electric-powered system that
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uses the Earth’s relatively constant temperature to pro-
vide heating, cooling, or hot water. 
SEC. 110. SPACE SHUTTLE RETURN TO FLIGHT. 
It is the sense of Congress that, in keeping with the 
President’s Vision for Space Exploration, the Space Shut-
tle should return to flight as soon as the Administrator 
determines that a flight can be accomplished with an ac-
ceptable level of safety. 
SEC. 111. WHISTLEBLOWER PROTECTION. 
Not later than 1 year after the date of enactment 
of this Act, 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 plan describing steps to be taken by NASA 
to protect the employment status of NASA employees who 
raise or have raised concerns about a potentially cata-
strophic risk to health or safety. 
TITLE II—AUTHORIZATION OF 
APPROPRIATIONS 
SEC. 201. STRUCTURE OF BUDGETARY ACCOUNTS. 
Section 313 of the National Aeronautics and Space 
Act of 1958 (42 U.S.C. 2459f) is amended to read as fol-
lows:
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‘‘SEC. 313. BUDGETARY ACCOUNTS. 
‘‘Appropriations for the Administration for fiscal year 
2007 and thereafter shall be made in four accounts, 
‘Science, Aeronautics, and Education’, ‘Exploration Sys-
tems’, ‘Space Operations’, and an account for amounts ap-
propriated for the necessary expenses of the Office of the 
Inspector General. Appropriations shall remain available 
for two fiscal years, unless otherwise specified in law. 
Each account shall include the planned full costs of Ad-
ministration activities.’’. 
SEC. 202. FISCAL YEAR 2006. 
There are authorized to be appropriated to NASA for 
fiscal year 2006 $16,965,650,000, as follows: 
(1) For Science, Aeronautics and Education 
(including amounts for construction of facilities), 
$6,870,250,000 of which— 
(A) $962,000,000 shall be for Aeronautics; 
(B) $150,000,000 shall be for a Hubble 
Space Telescope servicing mission; 
(C) $24,000,000 shall be for the National 
Space Grant College and Fellowship Program; 
and 
(D) $8,900,000 for the Science and Tech-
nology Scholarship Program.
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(2) 
For 
Exploration 
Systems 
(including 
amounts 
for 
construction 
of 
facilities), 
$3,844,100,000. 
(3) For Space Operations (including amounts 
for construction of facilities), $6,218,900,000. 
(4) For the Office of Inspector General, 
$32,400,000. 
SEC. 203. FISCAL YEAR 2007. 
There are authorized to be appropriated to NASA for 
fiscal year 2007 $17,726,800,000, as follows: 
(1) For Science, Aeronautics and Education 
(including amounts for construction of facilities), 
$7,331,600,000 of which— 
(A) $990,000,000 shall be for Aeronautics; 
and 
(B) $24,000,000 shall be for the National 
Space Grant College and Fellowship Program. 
(2) 
For 
Exploration 
Systems 
(including 
amounts 
for 
construction 
of 
facilities), 
$4,514,000,000. 
(3) For Space Operations (including amounts 
for construction of facilities), $5,847,700,000. 
(4) For the Office of Inspector General, 
$33,500,000.
HR 3070 RFS 
SEC. 204. ISS RESEARCH. 
The Administrator shall allocate at least 15 percent 
of the funds budgeted for ISS research to research that 
is not directly related to supporting the human exploration 
program. 
SEC. 205. TEST FACILITIES. 
(a) CHARGES.—The Administrator shall establish a 
policy of charging users of NASA’s test facilities for the 
costs associated with their tests at a level that is competi-
tive with alternative test facilities. As a general principle, 
NASA shall not seek to recover the full costs of the oper-
ation of those facilities from the users. The Administrator 
shall not implement a policy of seeking full cost recovery 
for a facility until at least 30 days after transmitting a 
notice to the Committee on Science of the House of Rep-
resentatives and the Committee on Commerce, Science, 
and Transportation of the Senate. 
(b) FUNDING ACCOUNT.—The Administrator shall 
establish a funding account that shall be used for all test 
facilities. The account shall be sufficient to maintain the 
viability of test facilities during periods of low utilization. 
SEC. 206. PROPORTIONALITY. 
If the total amount appropriated for NASA pursuant 
to section 202 or 203 is less than the amount authorized 
under such section, the amounts authorized under each
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of the accounts specified in such section shall be reduced 
proportionately. 
SEC. 207. LIMITATIONS ON AUTHORITY. 
Notwithstanding any other provision of this Act, no 
amount appropriated pursuant to this Act may be used 
for any program in excess of the amount actually author-
ized for the particular program by section 202 or 203, 
unless a period of 30 days has passed after the receipt, 
by the Committee on Science of the House of Representa-
tives and the Committee on Commerce, Science, and 
Transportation of the Senate, of notice given by the Ad-
ministrator containing a full and complete statement of 
the action proposed to be taken and the facts and cir-
cumstances relied upon in support of such a proposed ac-
tion. NASA shall keep the Committee on Science of the 
House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate fully 
and currently informed with respect to all activities and 
responsibilities within the jurisdiction of those Commit-
tees. 
SEC. 208. NOTICE OF REPROGRAMMING. 
If any funds authorized by this Act are subject to 
a reprogramming action that requires notice to be pro-
vided to the Appropriations Committees of the House of 
Representatives and the Senate, notice of such action shall
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concurrently be provided to the Committee on Science of 
the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate. 
SEC. 209. COST OVERRUNS. 
When reprogramming funds to cover unexpected cost 
growth within a program, the Administrator shall, to the 
maximum extent practicable, protect funds intended for 
fundamental and applied Research and Analysis. 
SEC. 210. OFFICIAL REPRESENTATIONAL FUND. 
Amounts appropriated pursuant to this Act may be 
used, but not to exceed a total of $35,000 in any fiscal 
year, for official reception and representation expenses. 
SEC. 211. INTERNATIONAL SPACE STATION COST CAP. 
Section 202 of the National Aeronautics and Space 
Administration Authorization Act of 2000 (42 U.S.C. 
2451 note) is repealed. 
TITLE III—SCIENCE 
Subtitle A—General Provisions 
SEC. 301. PERFORMANCE ASSESSMENTS. 
(a) IN GENERAL.—Performance of each discipline in 
the Science account of NASA shall be reviewed and as-
sessed by the National Academy of Sciences at 5-year in-
tervals. 
(b) TIMING.—Beginning with the first fiscal year fol-
lowing the date of enactment of this Act, the Adminis-
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trator shall select at least one discipline for review under 
this section. The Administrator shall select disciplines so 
that all disciplines will have received their first review 
within six fiscal years of the date of enactment of this 
Act. 
(c) REPORTS.—Not later than March 1 of each year, 
beginning with the first fiscal year after the date of enact-
ment of this Act, the Administrator shall transmit a report 
to the Committee on Science of the House of Representa-
tives and the Committee on Commerce, Science, and 
Transportation of the Senate— 
(1) setting forth in detail the results of any ex-
ternal review under subsection (a); 
(2) setting forth in detail actions taken by 
NASA in response to any external review; and 
(3) including a summary of findings and rec-
ommendations from any other relevant external re-
views of NASA’s science mission priorities and pro-
grams. 
SEC. 302. STATUS REPORT ON HUBBLE SPACE TELESCOPE 
SERVICING MISSION. 
It is the sense of the Congress that the Hubble Space 
Telescope is an extraordinary instrument that has pro-
vided, and should continue to provide, answers to profound 
scientific questions. In accordance with the recommenda-
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tions of the National Academy of Sciences study titled 
‘‘Assessment of Options for Extending the Life of the 
Hubble Space Telescope’’, all appropriate efforts should 
be expended to complete the Space Shuttle servicing mis-
sion. Upon successful completion of the planned return- 
to-flight schedule of the Space Shuttle, the Administrator 
shall determine the schedule for a Space Shuttle servicing 
mission to the Hubble Space Telescope, unless such a mis-
sion would compromise astronaut safety. Not later than 
60 days after the landing of the second Space Shuttle mis-
sion for return-to-flight certification, the Administrator 
shall transmit to the Committee on Science of the House 
of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a status report 
on plans for a Hubble Space Telescope servicing mission. 
SEC. 
303. 
INDEPENDENT 
ASSESSMENT 
OF 
LANDSAT- 
NPOESS INTEGRATED MISSION. 
(a) ASSESSMENT.—In view of the importance of en-
suring continuity of Landsat data and in view of the chal-
lenges facing the National Polar-Orbiting Environmental 
Satellite System program, the Administrator shall seek an 
independent assessment of the costs as well as the tech-
nical, cost, and schedule risks associated with incor-
porating the Landsat instrument on the first National 
Polar-Orbiting Environmental Satellite System spacecraft
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versus undertaking a dedicated Landsat data ‘‘gap-filler’’ 
mission followed by the incorporation of the Landsat in-
strument on the second National Polar-Orbiting Environ-
mental Satellite System spacecraft. The assessment shall 
also include an evaluation of the budgetary requirements 
of each of the options under consideration. 
(b) REPORT.—The Administrator shall transmit the 
independent assessment to the Committee on Science of 
the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate not later 
than 180 days after the date of enactment of this Act. 
SEC. 304. ASSESSMENT OF SCIENCE MISSION EXTENSIONS. 
(a) ASSESSMENT.—The Administrator shall carry out 
annual termination reviews within each of the Science dis-
ciplines to assess the cost and benefits of extending the 
date of the termination of data collection for those mis-
sions which are beyond their primary goals. In addition: 
(1) Not later than 60 days after the date of en-
actment of this Act, the Administrator shall carry 
out such an assessment for the following missions: 
FAST, TIMED, Cluster, Wind, Geotail, Polar, 
TRACE, Ulysses, and Voyager. 
(2) For those missions that have an operational 
component, the National Oceanic and Atmospheric 
Administration shall be consulted and the potential
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benefits of instruments on missions which are be-
yond their primary goals taken into account. 
(b) REPORT.—Not later than 30 days after com-
pleting the assessments required by subsection (a)(1), the 
Administrator shall transmit a report on the assessment 
to the Committee on Science of the House of Representa-
tives and the Committee on Commerce, Science, and 
Transportation of the Senate. 
SEC. 305. MICROGRAVITY RESEARCH. 
(a) IN GENERAL.—The Administrator shall— 
(1) not later than 60 days after the date of en-
actment of this Act, provide to the Committee on 
Science of the House of Representatives and the 
Committee on Commerce, Science, and Transpor-
tation of the Senate an assessment of microgravity 
research planned for implementation aboard the ISS 
that includes the identification of research which can 
be performed in ground-based facilities and then 
validated in space; 
(2) ensure the capacity to support ground-based 
research leading to space-based basic and applied 
scientific research in a variety of disciplines with po-
tential direct national benefits and applications that 
can advance significantly from the uniqueness of 
microgravity and the space environment; and
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(3) carry out, to the maximum extent prac-
ticable basic, applied, and commercial ISS research 
activities such as molecular crystal growth, animal 
research, basic fluid physics, combustion research, 
cellular biotechnology, low temperature physics, and 
cellular research at a level which will sustain the ex-
isting scientific expertise and research capabilities. 
(b) ON-ORBIT CAPABILITIES.—The Administrator 
shall ensure that the on-orbit analytical capabilities of the 
ISS are sufficient to support any diagnostic human re-
search and on-orbit characterization of molecular crystal 
growth, cellular research, and other research that NASA 
believes is necessary to conduct, but for which NASA lacks 
the capacity to return the materials that need to be ana-
lyzed to Earth. 
(c) 
ASSESSMENT
OF
POTENTIAL
SCIENTIFIC 
USES.—The Administrator shall assess further potential 
scientific uses of the ISS for other applications, such as 
technology development, development of manufacturing 
processes, Earth observation and characterization, and as-
tronomical observations. 
SEC. 306. COORDINATION WITH THE NATIONAL OCEANIC 
AND ATMOSPHERIC ADMINISTRATION. 
(a) JOINT WORKING GROUP.—The Administrator 
and the Administrator of the National Oceanic and At-
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mospheric Administration shall appoint a Joint Working 
Group, which shall review and monitor missions of the two 
agencies to ensure maximum coordination in the design, 
operation, and transition of missions. The Joint Working 
Group shall also prepare the transition plans required by 
subsection (c). 
(b) COORDINATION REPORT.—Not later than Feb-
ruary 15 of each year, the Administrator and the Adminis-
trator of the National Oceanic and Atmospheric Adminis-
tration shall jointly transmit a report to the Committee 
on Science of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate on how the earth science programs of the National 
Oceanic and Atmospheric Administration and NASA will 
be coordinated during the fiscal year following the fiscal 
year in which the report is transmitted. 
(c) COORDINATION OF TRANSITION PLANNING AND 
REPORTING.—The Administrator, in conjunction with the 
Administrator of the National Oceanic and Atmospheric 
Administration, shall evaluate all NASA missions for their 
potential operational capabilities and shall prepare transi-
tion plans for all existing and future Earth observing sys-
tems found to have potential operational capabilities and 
all National Oceanic and Atmospheric Administration 
operational space-based systems.
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(d) LIMITATION.—The Administrator shall not trans-
fer any NASA earth science mission or Earth observing 
system to the National Oceanic and Atmospheric Adminis-
tration until the transition plan required under subsection 
(c) has been approved by the Administrator and the Ad-
ministrator of the National Oceanic and Atmospheric Ad-
ministration and until financial resources have been iden-
tified to support the transition or transfer in the Presi-
dent’s budget request for the National Oceanic and At-
mospheric Administration. 
Subtitle B—Remote Sensing 
SEC. 311. DEFINITIONS. 
In this subtitle— 
(1) the term ‘‘geospatial information’’ means 
knowledge of the nature and distribution of physical 
and cultural features on the landscape based on 
analysis of data from airborne or spaceborne plat-
forms or other types and sources of data; 
(2) the term ‘‘high resolution’’ means resolution 
better than five meters; and 
(3) the term ‘‘institution of higher education’’ 
has the meaning given that term in section 101(a) 
of the Higher Education Act of 1965 (20 U.S.C. 
1001(a)).
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SEC. 312. PILOT PROJECTS TO ENCOURAGE PUBLIC SEC-
TOR APPLICATIONS. 
(a) IN GENERAL.—The Administrator shall establish 
a program of grants for competitively awarded pilot 
projects to explore the integrated use of sources of remote 
sensing and other geospatial information to address State, 
local, regional, and tribal agency needs. 
(b) PREFERRED PROJECTS.—In awarding grants 
under this section, the Administrator shall give preference 
to projects that— 
(1) make use of commercial data sets, including 
high resolution commercial satellite imagery and de-
rived satellite data products, existing public data 
sets where commercial data sets are not available or 
applicable, or the fusion of such data sets; 
(2) integrate multiple sources of geospatial in-
formation, such as geographic information system 
data, satellite-provided positioning data, and re-
motely sensed data, in innovative ways; 
(3) include funds or in-kind contributions from 
non-Federal sources; 
(4) involve the participation of commercial enti-
ties that process raw or lightly processed data, often 
merging that data with other geospatial information, 
to create data products that have significant value 
added to the original data; and
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(5) taken together demonstrate as diverse a set 
of public sector applications as possible. 
(c) OPPORTUNITIES.—In carrying out this section, 
the Administrator shall seek opportunities to assist— 
(1) in the development of commercial applica-
tions potentially available from the remote sensing 
industry; and 
(2) State, local, regional, and tribal agencies in 
applying remote sensing and other geospatial infor-
mation technologies for growth management. 
(d) DURATION.—Assistance for a pilot project under 
subsection (a) shall be provided for a period not to exceed 
3 years. 
(e) REPORT.—Each recipient of a grant under sub-
section (a) shall transmit a report to the Administrator 
on the results of the pilot project within 180 days of the 
completion of that project. 
(f) WORKSHOP.—Each recipient of a grant under 
subsection (a) shall, not later than 180 days after the com-
pletion of the pilot project, conduct at least one workshop 
for potential users to disseminate the lessons learned from 
the pilot project as widely as feasible. 
(g) REGULATIONS.—The Administrator shall issue 
regulations establishing application, selection, and imple-
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mentation procedures for pilot projects, and guidelines for 
reports and workshops required by this section. 
SEC. 313. PROGRAM EVALUATION. 
(a) ADVISORY
COMMITTEE.—The Administrator 
shall establish an advisory committee, consisting of indi-
viduals with appropriate expertise in State, local, regional, 
and tribal agencies, the university research community, 
and the remote sensing and other geospatial information 
industry, to monitor the program established under sec-
tion 312. The advisory committee shall consult with the 
Federal Geographic Data Committee and other appro-
priate industry representatives and organizations. Not-
withstanding section 14 of the Federal Advisory Com-
mittee Act, the advisory committee established under this 
subsection shall remain in effect until the termination of 
the program under section 312. 
(b) EFFECTIVENESS EVALUATION.—Not later than 
December 31, 2009, the Administrator shall transmit to 
the Congress an evaluation of the effectiveness of the pro-
gram established under section 312 in exploring and pro-
moting the integrated use of sources of remote sensing 
and other geospatial information to address State, local, 
regional, and tribal agency needs. Such evaluation shall 
have been conducted by an independent entity.
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SEC. 314. DATA AVAILABILITY. 
The Administrator shall ensure that the results of 
each of the pilot projects completed under section 312 
shall be retrievable through an electronic, Internet-acces-
sible database. 
SEC. 315. EDUCATION. 
The Administrator shall establish an educational out-
reach program to increase awareness at institutions of 
higher education and State, local, regional, and tribal 
agencies of the potential applications of remote sensing 
and other geospatial information. 
Subtitle C—George E. Brown, Jr. 
Near-Earth Object Survey 
SEC. 321. GEORGE E. BROWN, JR. NEAR-EARTH OBJECT 
SURVEY. 
(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.
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(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 NASA for de-
tecting and characterizing the hazards of near-Earth 
objects are not sufficient to fully determine the 
threat posed by such objects to cause widespread de-
struction 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
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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)’’.
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(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 NASA 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 NASA could employ to divert an object on 
a likely collision course with Earth.