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cycle of a project after preliminary design, independent as-
sessment of the preliminary design, and approval to pro-
ceed into implementation, including critical design, devel-
opment, certification, launch, operations, disposal of as-
sets, and, for technology programs, development, testing, 
analysis and communication of the results.’’. 
SEC. 705. LIMITATIONS ON OFF-SHORE PERFORMANCE OF 
CONTRACTS FOR THE PROCUREMENT OF 
GOODS AND SERVICES. 
(a) CONVERSIONS TO CONTRACTOR PERFORMANCE 
OF ADMINISTRATION ACTIVITIES.—Except as provided in 
subsection (c), an activity or function of the Administra-
tion that is converted to contractor performance under Of-
fice of Management and Budget Circular A–76 may not 
be performed by the contractor or any subcontractor at 
a location outside the United States. 
(b) CONTRACTS FOR THE PROCUREMENT OF SERV-
ICES.—(1) Except as provided in subsection (c), a contract 
for the procurement of goods or services that is entered 
into by the Administrator may not be performed outside 
the United States unless it is to meet a requirement of 
the Administration for goods or services specifically at a 
location outside the United States. 
(2) The President may waive the prohibition in para-
graph (1) in the case of any contract for which the Presi-
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dent determines in writing that it is necessary in the na-
tional security interests of the United States for goods or 
services under the contract to be performed outside the 
United States. 
(3) The Administrator may waive the prohibition in 
paragraph (1) in the case of any contract for which the 
Administrator determines in writing that essential goods 
or services under the contract are only available from a 
source outside the United States. 
(c) EXCEPTION.—Subsections (a) and (b)(1) shall 
not apply to the extent that the activity or function under 
the contract was previously performed by Federal Govern-
ment employees outside the United States. 
(d) CONSISTENCY WITH INTERNATIONAL AGREE-
MENTS.—The provisions of this section shall not apply to 
the extent that they are inconsistent with obligations of 
the United States under international agreements. 
(e) ANNUAL REPORT.—The Administrator shall sub-
mit to Congress, not later than 120 days after the end 
of each fiscal year, a report on the contracts performed 
overseas and amount of purchases by NASA from foreign 
entities in that fiscal year. Such report shall separately 
indicate the dollar value of contracts for which the provi-
sions of this section were waived and the dollar value of 
items for which the Buy American Act was waived pursu-
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ant to obligations of the United States under international 
agreements. 
SEC. 706. LONG DURATION FLIGHT. 
No provision of this or any other Act shall be con-
strued to prohibit NASA from accommodating the exercise 
of religion by astronauts engaged in long duration space 
flight missions. 
TITLE VIII—INDEPENDENT 
COMMISSIONS 
SEC. 801. DEFINITIONS. 
For purposes of this title— 
(1) the term ‘‘Commission’’ means a Commis-
sion established under this title; and 
(2) the term ‘‘incident’’ means either an acci-
dent or a deliberate act. 
Subtitle 
A—International 
Space 
Station 
Independent 
Safety 
Commission 
SEC. 811. ESTABLISHMENT OF COMMISSION. 
(a) ESTABLISHMENT.—The President shall establish 
an independent, nonpartisan Commission within the exec-
utive branch to discover and assess any vulnerabilities of 
the International Space Station that could lead to its de-
struction, compromise the health of its crew, or necessitate 
its premature abandonment.
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(b) DEADLINE FOR ESTABLISHMENT.—The Presi-
dent shall issue an executive order establishing a Commis-
sion within 30 days after the date of enactment of this 
Act. 
SEC. 812. TASKS OF THE COMMISSION. 
The Commission established under section 811 shall, 
to the extent possible, undertake the following tasks: 
(1) Catalog threats to and vulnerabilities of the 
ISS, including design flaws, natural phenomena, 
computer software or hardware flaws, sabotage or 
terrorist attack, number of crewmembers, and inabil-
ity to adequately deliver replacement parts and sup-
plies, and management or procedural deficiencies. 
(2) Make recommendations for corrective ac-
tions. 
(3) Provide any additional findings or rec-
ommendations related to ISS safety. 
(4) Prepare a report to Congress, the Presi-
dent, and the public. 
SEC. 813. SUNSET. 
The Commission established under this subtitle shall 
transmit its final report not later than 1 year after the 
date on which the full Commission membership is ap-
pointed.
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Subtitle B—Human Space Flight 
Independent Investigation Com-
mission 
SEC. 821. ESTABLISHMENT OF COMMISSION. 
(a) ESTABLISHMENT.—The President shall establish 
an independent, nonpartisan Commission within the exec-
utive branch to investigate any incident that results in the 
loss of— 
(1) a Space Shuttle; 
(2) the International Space Station or its oper-
ational viability; 
(3) any other United States space vehicle car-
rying humans that is owned by the Federal Govern-
ment or that is being used pursuant to a contract 
with the Federal Government; or 
(4) a crew member or passenger of any space 
vehicle described in this subsection. 
(b) DEADLINE FOR ESTABLISHMENT.—The Presi-
dent shall issue an executive order establishing a Commis-
sion within 7 days after an incident specified in subsection 
(a). 
SEC. 822. TASKS OF THE COMMISSION. 
A Commission established pursuant to this subtitle 
shall, to the extent possible, undertake the following tasks: 
(1) Investigate the incident.
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(2) Determine the cause of the incident. 
(3) Identify all contributing factors to the cause 
of the incident. 
(4) Make recommendations for corrective ac-
tions. 
(5) Provide any additional findings or rec-
ommendations deemed by the Commission to be im-
portant, whether or not they are related to the spe-
cific incident under investigation. 
(6) Prepare a report to Congress, the Presi-
dent, and the public. 
Subtitle C—Organization and 
Operation of Commissions 
SEC. 831. COMPOSITION OF COMMISSIONS. 
(a) NUMBER OF COMMISSIONERS.—A Commission 
established pursuant to this title shall consist of 15 mem-
bers. 
(b) SELECTION.—The members of a Commission 
shall be chosen in the following manner: 
(1) The President shall appoint the members, 
and shall designate the Chairman and Vice Chair-
man of the Commission from among its members. 
(2) Four of the 15 members appointed by the 
President shall be selected by the President in the 
following manner:
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(A) The majority leader of the Senate, the 
minority leader of the Senate, the Speaker of 
the House of Representatives, and the minority 
leader of the House of Representatives shall 
each provide to the President a list of can-
didates for membership on the Commission. 
(B) The President shall select one of the 
candidates from each of the 4 lists for member-
ship on the Commission. 
(3) In the case of a Commission established 
under subtitle A, the President shall select one can-
didate from a list of candidates for membership on 
the Commission provided by the President of the col-
lective-bargaining organization including the largest 
number of NASA engineers. 
(4) No officer or employee of the Federal Gov-
ernment shall serve as a member of the Commission. 
(5) No member of the Commission shall have, 
or have pending, a contractual relationship with 
NASA. 
(6) The President shall not appoint any indi-
vidual as a member of a Commission under this sec-
tion who has a current or former relationship with 
the Administrator that the President determines 
would constitute a conflict of interest.
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(7) To the extent practicable, the President 
shall ensure that the members of the Commission in-
clude some individuals with experience relative to 
human carrying spacecraft, as well as some individ-
uals with investigative experience and some individ-
uals with legal experience. 
(8) To the extent practicable, the President 
shall seek diversity in the membership of the Com-
mission. 
(9) The President may waive the prohibitions in 
paragraphs (5) and (6) with respect to the selection 
of not more than two members of a Commission es-
tablished under subtitle A. 
(c) DEADLINE FOR APPOINTMENT.—All members of 
a Commission established under subtitle A shall be ap-
pointed no later than 60 days after issuance of the execu-
tive order establishing the Commission. All members of a 
Commission established under subtitle B shall be ap-
pointed no later than 30 days after the incident. 
(d) INITIAL MEETING.—A Commission shall meet 
and begin operations as soon as practicable. 
(e) QUORUM; VACANCIES.—After its initial meeting, 
a Commission shall meet upon the call of the Chairman 
or a majority of its members. Eight members of a Com-
mission shall constitute a quorum. Any vacancy in a Com-
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mission shall not affect its powers, but shall be filled in 
the same manner in which the original appointment was 
made. 
SEC. 832. POWERS OF COMMISSION. 
(a) HEARINGS AND EVIDENCE.—A Commission or, 
on the authority of the Commission, any subcommittee or 
member thereof, may, for the purpose of carrying out this 
title— 
(1) hold such hearings and sit and act at such 
times and places, take such testimony, receive such 
evidence, administer such oaths; and 
(2) require, by subpoena or otherwise, the at-
tendance and testimony of such witnesses and the 
production of such books, records, correspondence, 
memoranda, papers, and documents, 
as the Commission or such designated subcommittee or 
designated member may determine advisable. 
(b) CONTRACTING.—A Commission may, to such ex-
tent and in such amounts as are provided in appropriation 
Acts, enter into contracts to enable the Commission to dis-
charge its duties under this title. 
(c) INFORMATION FROM FEDERAL AGENCIES.— 
(1) IN GENERAL.—A Commission may secure 
directly from any executive department, bureau, 
agency, board, commission, office, independent es-
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tablishment, or instrumentality of the Government, 
information, suggestions, estimates, and statistics 
for the purposes of this title. Each department, bu-
reau, agency, board, commission, office, independent 
establishment, or instrumentality shall, to the extent 
authorized by law, furnish such information, sugges-
tions, estimates, and statistics directly to the Com-
mission, upon request made by the Chairman, the 
chairman of any subcommittee created by a majority 
of the Commission, or any member designated by a 
majority of the Commission. 
(2) RECEIPT, HANDLING, STORAGE, AND DIS-
SEMINATION.—Information shall only be received, 
handled, stored, and disseminated by members of 
the Commission and its staff consistent with all ap-
plicable statutes, regulations, and Executive orders. 
(d) ASSISTANCE FROM FEDERAL AGENCIES.— 
(1) GENERAL
SERVICES
ADMINISTRATION.— 
The Administrator of General Services shall provide 
to a Commission on a reimbursable basis adminis-
trative support and other services for the perform-
ance of the Commission’s tasks. 
(2) OTHER DEPARTMENTS AND AGENCIES.—In 
addition to the assistance prescribed in paragraph 
(1), departments and agencies of the United States
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may provide to the Commission such services, funds, 
facilities, staff, and other support services as they 
may determine advisable and as may be authorized 
by law. 
(3) NASA ENGINEERING
AND
SAFETY
CEN-
TER.—The NASA Engineering and Safety Center 
shall provide data and technical support as re-
quested by a Commission. 
SEC. 833. PUBLIC MEETINGS, INFORMATION, AND HEAR-
INGS. 
(a) PUBLIC MEETINGS AND RELEASE OF PUBLIC 
VERSIONS OF REPORTS.—A Commission shall— 
(1) hold public hearings and meetings to the ex-
tent appropriate; and 
(2) release public versions of the reports re-
quired under this Act. 
(b) PUBLIC HEARINGS.—Any public hearings of a 
Commission shall be conducted in a manner consistent 
with the protection of information provided to or developed 
for or by the Commission as required by any applicable 
statute, regulation, or Executive order. 
SEC. 834. STAFF OF COMMISSION. 
(a) 
APPOINTMENT
AND
COMPENSATION.—The 
Chairman, in consultation with Vice Chairman, in accord-
ance with rules agreed upon by a Commission, may ap-
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point and fix the compensation of a staff director and such 
other personnel as may be necessary to enable the Com-
mission to carry out its functions. 
(b) DETAILEES.—Any Federal Government em-
ployee, except for an employee of NASA, may be detailed 
to a Commission without reimbursement from the Com-
mission, and such detailee shall retain the rights, status, 
and privileges of his or her regular employment without 
interruption. 
(c) CONSULTANT SERVICES.—A Commission may 
procure the services of experts and consultants in accord-
ance with section 3109 of title 5, United States Code, but 
at rates not to exceed the daily rate paid a person occu-
pying a position at level IV of the Executive Schedule 
under section 5315 of title 5, United States Code. Any 
consultant or expert whose services are procured under 
this subsection shall disclose any contract or association 
it has with NASA or any NASA contractor. 
SEC. 835. COMPENSATION AND TRAVEL EXPENSES. 
(a) COMPENSATION.—Each member of a Commission 
may be compensated at not to exceed the daily equivalent 
of the annual rate of basic pay in effect for a position 
at level IV of the Executive Schedule under section 5315 
of title 5, United States Code, for each day during which
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that member is engaged in the actual performance of the 
duties of the Commission. 
(b) TRAVEL EXPENSES.—While away from their 
homes or regular places of business in the performance 
of services for the Commission, members of a Commission 
shall be allowed travel expenses, including per diem in lieu 
of subsistence, in the same manner as persons employed 
intermittently in the Government service are allowed ex-
penses under section 5703(b) of title 5, United States 
Code. 
SEC. 836. SECURITY CLEARANCES FOR COMMISSION MEM-
BERS AND STAFF. 
The appropriate Federal agencies or departments 
shall cooperate with a Commission in expeditiously pro-
viding to the Commission members and staff appropriate 
security clearances to the extent possible pursuant to ex-
isting procedures and requirements. No person shall be 
provided with access to classified information under this 
title without the appropriate security clearances. 
SEC. 837. REPORTING REQUIREMENTS AND TERMINATION. 
(a) INTERIM REPORTS.—A Commission may submit 
to the President and Congress interim reports containing 
such findings, conclusions, and recommendations for cor-
rective actions as have been agreed to by a majority of 
Commission members.
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(b) FINAL REPORT.—A Commission shall submit to 
the President and Congress, and make concurrently avail-
able to the public, a final report containing such findings, 
conclusions, and recommendations for corrective actions 
as have been agreed to by a majority of Commission mem-
bers. Such report shall include any minority views or opin-
ions not reflected in the majority report. 
(c) TERMINATION.— 
(1) IN GENERAL.—A Commission, and all the 
authorities of this title with respect to that Commis-
sion, shall terminate 60 days after the date on which 
the final report is submitted under subsection (b). 
(2) ADMINISTRATIVE ACTIVITIES BEFORE TER-
MINATION.—A Commission may use the 60-day pe-
riod referred to in paragraph (1) for the purpose of 
concluding its activities, including providing testi-
mony to committees of Congress concerning its re-
ports and disseminating the final report. 
Passed the House of Representatives July 22, 2005. 
Attest: 
JEFF TRANDAHL, 
Clerk.