I 
112TH CONGRESS 
2D SESSION 
H. R. 6491 
To preserve American space leadership, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 21, 2012 
Mr. CULBERSON (for himself, Mr. WOLF, Mr. GENE GREEN of Texas, Mr. 
CUELLAR, Mr. SMITH of Texas, Mr. SENSENBRENNER, Mr. POSEY, Mr. 
OLSON, Mr. CALVERT, Mr. WEST, Mr. MACK, Mr. FARENTHOLD, Mr. 
CARTER, Mr. THORNBERRY, Mr. BURGESS, Mr. MCCAUL, and Mr. WITT-
MAN) introduced the following bill; which was referred to the Committee 
on Science, Space, and Technology, and in addition to the Committee on 
the Budget, for a period to be subsequently determined by the Speaker, 
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned 
A BILL 
To preserve American space leadership, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Space Leadership 
Preservation Act of 2012’’. 
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SEC. 2. ADMINISTRATOR AND DEPUTY ADMINISTRATOR. 
Section 20111 of title 51, United States Code, is 
amended— 
(1) in subsection (a)— 
(A) by striking ‘‘ADMINISTRATOR.—There 
is 
established’’ 
and 
inserting 
‘‘ADMINIS-
TRATOR.— 
‘‘(1) IN GENERAL.—There is established’’; 
(B) in paragraph (1), as so designated by 
subparagraph (A) of this paragraph— 
(i) by inserting ‘‘, pursuant to para-
graph (2),’’ after ‘‘who shall be ap-
pointed’’; and 
(ii) by inserting ‘‘The Administrator 
shall serve for a term of 10 years.’’ after 
‘‘and activities thereof.’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(2) BOARD
OF
DIRECTORS
NOMINATIONS.— 
The President shall appoint the Administrator under 
paragraph (1) from among the list of nominees pro-
vided by the Board of Directors pursuant to section 
20118(l)(2)(A). The President shall appoint a new 
Administrator not later than 3 months after the first 
set of nominees is so provided by the Board of Di-
rectors. The sitting Administrator may serve in the 
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position until a new Administrator appointed pursu-
ant to this paragraph is confirmed by the Senate.’’; 
and 
(2) in subsection (b)— 
(A) by striking ‘‘ADMINISTRATOR.—There 
shall be’’ and inserting ‘‘ADMINISTRATOR.— 
‘‘(1) IN GENERAL.—There shall be’’; 
(B) in paragraph (1), as so designated by 
subparagraph (A) of this paragraph, by insert-
ing ‘‘, pursuant to paragraph (2),’’ after ‘‘who 
shall be appointed’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(2) BOARD
OF
DIRECTORS
NOMINATIONS.— 
The President shall appoint the Deputy Adminis-
trator under paragraph (1) from among the list of 
nominees provided by the Board of Directors pursu-
ant to section 20118(j)(2)(B).’’. 
SEC. 3. BOARD OF DIRECTORS. 
(a) ESTABLISHMENT.—Subchapter II of chapter 201 
of title 51, United States Code, is amended by adding at 
the end the following new section: 
‘‘§ 20118. Board of Directors 
‘‘(a) ESTABLISHMENT.—There shall be established a 
Board of Directors for the National Aeronautics and 
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Space Administration in accordance with this section, not 
later than 9 months after the date of enactment of the 
‘Space Leadership Preservation Act of 2012’. 
‘‘(b) MEMBERSHIP AND APPOINTMENT.—The Board 
shall consist of 11 members to be appointed as follows: 
‘‘(1) Three members shall be appointed by the 
President. 
‘‘(2) Three members shall be appointed by the 
president pro tempore of the Senate. 
‘‘(3) One member shall be appointed by the mi-
nority leader of the Senate. 
‘‘(4) Three members shall be appointed by the 
Speaker of the House of Representatives. 
‘‘(5) One member shall be appointed by the mi-
nority leader of the House of Representatives. 
In addition to the members appointed under paragraphs 
(1) through (5), the Administrator shall be an ex officio, 
nonvoting member of the Board. 
‘‘(c) QUALIFICATIONS.—The persons appointed as 
members of the Board shall be— 
‘‘(1) former astronauts or scientists or engi-
neers eminent in the fields of human spaceflight, 
planetary science, space science, Earth science, and 
aeronautics, or other scientific, engineering, busi-
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ness, and social science disciplines related to space 
and aeronautics; 
‘‘(2) selected on the basis of established records 
of distinguished service; and 
‘‘(3) so selected as to provide representation of 
the views of engineering, science, and aerospace 
leaders in all areas of the Nation. 
‘‘(d) LIMITATION ON MEMBERS.—An individual em-
ployed by or representing an organization with which the 
Administration has a contract is not eligible to serve on 
the Board, except for scientists employed by or rep-
resenting colleges, universities, and other not-for-profit or-
ganizations. Additionally, a former Board member may 
not take employment with or represent an organization 
with which the Administration has a contract, or which 
is seeking such a contract, for a period of 2 years following 
completion of service on the Board. 
‘‘(e) TERMS.—The term of office of each member of 
the Board shall be 3 years, except that any member ap-
pointed to fill a vacancy occurring prior to the expiration 
of the term for which his predecessor was appointed shall 
be appointed for the remainder of such term. Any person 
who has been a member of the Board for 12 consecutive 
years shall thereafter be ineligible for appointment during 
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the 2-year period following the expiration of such 12th 
year. 
‘‘(f) TRAVEL EXPENSES.—Each member of the 
Board shall receive travel expenses, including per diem in 
lieu of subsistence, in accordance with applicable provi-
sions under subchapter I of chapter 57 of title 5, United 
States Code. 
‘‘(g) MEETINGS.—The Board shall meet quarterly 
and at such other times as the Chairman may determine, 
but the Chairman shall also call a meeting whenever one- 
third of the members so request in writing. The Board 
shall adopt procedures governing the conduct of its meet-
ings, including delivery of notice and a definition of a 
quorum, which in no case shall be less than one-half plus 
one of the members of the Board. 
‘‘(h) CHAIRMAN AND VICE CHAIRMAN.—The election 
of the Chairman and Vice Chairman of the Board shall 
take place at each first quarter meeting occurring in an 
even-numbered year. The Vice Chairman shall perform the 
duties of the Chairman in his absence. In case a vacancy 
occurs in the chairmanship or vice chairmanship, the 
Board shall elect a member to fill such vacancy. 
‘‘(i) STAFF.—The Board may, with the concurrence 
of a majority of its members, permit the appointment of 
a staff consisting of professional staff members, technical 
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and professional personnel on leave of absence from aca-
demic, industrial, or research institutions for a limited 
term, and such operations and support staff members as 
may be necessary. Such staff shall be appointed by the 
Chairman and assigned at the direction of the Board. The 
professional members and limited term technical and pro-
fessional personnel of such staff may be appointed without 
regard to the provisions of title 5, United States Code, 
governing appointments in the competitive service, and the 
provisions of chapter 51 of such title relating to classifica-
tion, and shall be compensated at a rate not exceeding 
the maximum rate payable under section 5376 of such 
title, as may be necessary to provide for the performance 
of such duties as may be prescribed by the Board in con-
nection with the exercise of its powers and functions under 
this section. 
‘‘(j) SPECIAL COMMISSIONS.—The Board is author-
ized to establish such special commissions as it may from 
time to time deem necessary for the purposes of this sec-
tion. 
‘‘(k) COMMITTEES.—The Board is also authorized to 
appoint from among its members such committees as it 
deems necessary, and to assign to committees so appointed 
such survey and advisory functions as the Board deems 
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appropriate to assist it in exercising its powers and func-
tions under this section. 
‘‘(l) FUNCTIONS.— 
‘‘(1) BUDGET PROPOSAL.—Not later than No-
vember 15 of each year, the Board shall provide to 
the President, and to the Committee on Appropria-
tions and the Committee on Science, Space, and 
Technology of the House of Representatives and the 
Committee on Appropriations and the Committee on 
Commerce, Science, and Transportation of the Sen-
ate, a proposed budget for the National Aeronautics 
and Space Administration for the next fiscal year. 
Such budget shall— 
‘‘(A) carry out the purpose described in 
section 20102(h); 
‘‘(B) be based on— 
‘‘(i) the best professional judgement 
of the Board; 
‘‘(ii) recommendations from the sci-
entific, engineering, and other technical ex-
perts communities; and 
‘‘(iii) the recommendations of the 
most recent National Research Council 
decadal surveys; and 
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‘‘(C) follow such decadal survey’s rec-
ommended decision rules regarding program 
implementation, including a strict adherence to 
the recommendation that the National Aero-
nautics and Space Administration include in a 
balanced program a flagship class mission, 
which may be executed in cooperation with one 
or more international partners. 
‘‘(2) NOMINEES FOR ADMINISTRATOR, DEPUTY 
ADMINISTRATOR, AND CHIEF FINANCIAL OFFICER.— 
The Board shall provide to the President— 
‘‘(A) a list of 3 nominees from which the 
President shall appoint an Administrator pursu-
ant to section 20111(a); 
‘‘(B) a list of 3 nominees from which the 
President shall appoint a Deputy Administrator 
pursuant to section 20111(b); and 
‘‘(C) a list of 3 nominees from which the 
President shall appoint a Chief Financial Offi-
cer pursuant to section 205(a) of the Chief Fi-
nancial Officers Act (31 U.S.C. 901(a)). 
The Board shall provide the first set of nominees 
under this paragraph not later than 15 months after 
the date of enactment of the ‘Space Leadership 
Preservation Act of 2012’. 
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‘‘(3) REPORTS.— 
‘‘(A) ANNUAL
INFRASTRUCTURE, CAPA-
BILITIES, AND WORKFORCE ASSESSMENT.—The 
Board shall provide to the President and the 
Congress annually a report assessing the status 
of United States spaceflight infrastructure, 
unique space capabilities, and the health of the 
United States workforce necessary to maintain 
such infrastructure and capabilities. The assess-
ment shall also identify areas of concern, gaps 
in capability compared to foreign spaceflight ca-
pabilities, and recommendations on how to 
strengthen or improve United States capabili-
ties and workforce. 
‘‘(B) 
SPECIFIC
POLICY
MATTER
RE-
PORTS.—The Board shall provide to the Presi-
dent and the Congress reports on specific, indi-
vidual policy matters within the authority of the 
Administration (or otherwise as requested by 
the Congress or the President) related to 
human space flight, planetary science, earth 
science, aeronautics, and science, technology, 
engineering, and mathematics education, as the 
Board, the President, or the Congress deter-
mines the need for such reports. 
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