section were waived and the dollar value of items for which 
the Buy American Act was waived pursuant to obligations 
of the United States under international agreements. 
TITLE VIII—INDEPENDENT 
COMMISSIONS 
SEC. 1. DEFINITIONS. 
For purposes of this title—
(1) the term ‘‘Commission’’ means a Commission 
established under this title; and 
(2) the term ‘‘incident’’ means either an accident 
or a deliberate act. 
Subtitle 
A—International 
Space 
Station Independent Safety Com-
mission 
SEC. 811. ESTABLISHMENT OF COMMISSION. 
(a) ESTABLISHMENT.—The President shall establish 
an independent, nonpartisan Commission within the execu-
tive branch to discover and assess any vulnerabilities of the 
International Space Station that could lead to its destruc-
tion, compromise the health of its crew, or necessitate its 
premature abandonment. 
(b) DEADLINE FOR ESTABLISHMENT.—The President 
shall issue an executive order establishing a Commission 
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 ter-
rorist attack, number of crewmembers, and inability 
to adequately deliver replacement parts and supplies, 
and management or procedural deficiencies. 
(2) Make recommendations for corrective actions. 
(3) Provide any additional findings or rec-
ommendations related to ISS safety. 
(4) Prepare a report to Congress, the President, 
and the public. 
SEC. 813. SUNSET. 
The Commission established under this subtitle shall 
expire not later than one year after the date on which the 
full Commission membership is appointed. 
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 execu-
tive 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 being used pursuant to a con-
tract with the Federal Government; or 
(4) a crew member or passenger of any space ve-
hicle described in this subsection. 
(b) DEADLINE FOR ESTABLISHMENT.—The President 
shall issue an executive order establishing a Commission 
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. 
(2) Determine the cause of the incident. 
(3) Identify all contributing factors to the cause 
of the incident. 
(4) Make recommendations for corrective actions. 
(5) Provide any additional findings or rec-
ommendations deemed by the Commission to be im-
portant, whether or not they are related to the specific 
incident under investigation. 
(6) Prepare a report to Congress, the President, 
and the public.
Subtitle C—Organization and 
Operation of Commissions 
SEC. 831. COMPOSITION OF COMMISSIONS. 
(a) NUMBER OF COMMISSIONERS.—A Commission es-
tablished pursuant to this title shall consist of 15 members. 
(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 Chairman 
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 fol-
lowing manner: 
(A) The majority leader of the Senate, the 
minority leader of the Senate, the Speaker of the 
House of Representatives, and the minority lead-
er of the House of Representatives shall each pro-
vide to the President a list of candidates 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 
member of NASA engineers. 
(4) No officer or employee of the Federal Govern-
ment 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. 
(7) To the extent practicable, the President shall 
ensure that the members of the Commission include 
some individuals with experience relative to human 
carrying spacecraft, as well as some individuals with 
investigative experience and some individuals with 
legal experience. 
(8) To the extent practicable, the President shall 
seek diversity in the membership of the Commission. 
(9) The President may waive the prohibitions in 
paragraphs (5) and (6) with respect to the selection 
of not more than 2 members of a Commission estab-
lished under subtitle A.
(c) DEADLINE FOR APPOINTMENT.—All members of a 
Commission established under subtitle A shall be appointed 
no later than 60 days after issuance of the executive order 
establishing the Commission. All members of a Commission 
established under subtitle B shall be appointed 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 Commission 
shall constitute a quorum. Any vacancy in a Commission 
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 attend-
ance and testimony of such witnesses and the produc-
tion of such books, records, correspondence, memo-
randa, papers, and documents, 
as the Commission or such designated subcommittee or des-
ignated member may determine advisable. 
(b) CONTRACTING.—A Commission may, to such extent 
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 di-
rectly from any executive department, bureau, agency, 
board, commission, office, independent establishment, 
or instrumentality of the Government, information, 
suggestions, estimates, and statistics for the purposes 
of this title. Each department, bureau, agency, board, 
commission, office, independent establishment, or in-
strumentality shall, to the extent authorized by law, 
furnish such information, suggestions, estimates, and 
statistics directly to the Commission, upon request 
made by the Chairman, the chairman of any sub-
committee created by a majority of the Commission, 
or any member designated by a majority of the Com-
mission. 
(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 applica-
ble 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 administrative 
support and other services for the performance 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 
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 CENTER.—
The NASA Engineering and Safety Center shall pro-
vide data and technical support as requested 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 required 
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 Chair-
man, in consultation with Vice Chairman, in accordance 
with rules agreed upon by a Commission, may appoint and 
fix the compensation of a staff director and such other per-
sonnel as may be necessary to enable the Commission to 
carry out its functions. 
(b) DETAILEES.—Any Federal Government employee, 
except for an employee of NASA, may be detailed to a Com-
mission without reimbursement from the Commission, and 
such detailee shall retain the rights, status, and privileges 
of his or her regular employment without interruption. 
(c) CONSULTANT SERVICES.—A Commission may pro-
cure the services of experts and consultants in accordance 
with section 3109 of title 5, United States Code, but at rates 
not to exceed the daily rate paid a person occupying a posi-
tion at level IV of the Executive Schedule under section 
5315 of title 5, United States Code. Any consultant or ex-
pert 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 that mem-
ber 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 inter-
mittently in the Government service are allowed expenses 
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 providing to 
the Commission members and staff appropriate security
clearances to the extent possible pursuant to existing proce-
dures 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 correc-
tive actions as have been agreed to by a majority of Com-
mission members. 
(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 members. 
Such report shall include any minority views or opinions 
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 TERMI-
NATION.—A Commission may use the 60-day period 
referred to in paragraph (1) for the purpose of con-
cluding its activities, including providing testimony 
to committees of Congress concerning its reports and 
disseminating the final report.
Union Calendar No. 108
109TH CONGRESS 
1ST SESSION 
H. R. 3070
[Report No. 109–173] 
A BILL 
To reauthorize the human space flight, aeronautics, 
and science programs of the National Aero-
nautics and Space Administration, and for other 
purposes. 
JULY 18, 2005
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed