IB 
Union Calendar No. 108
109TH CONGRESS 
1ST SESSION H. R. 3070
[Report No. 109–173] 
To reauthorize the human space flight, aeronautics, and science programs 
of the National Aeronautics and Space Administration, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 27, 2005
Mr. CALVERT (for himself and Mr. BOEHLERT) introduced the following bill; 
which was referred to the Committee on Science 
JULY 18, 2005
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on June 27, 2005] 
A BILL 
To reauthorize the human space flight, aeronautics, and 
science programs of the National Aeronautics and Space 
Administration, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the ‘‘Na-
tional Aeronautics and Space Administration Authoriza-
tion 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. 
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.
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 de-
velopment 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 for research on aviation training. 
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.
Sec. 615. Equal access to NASA’s education programs. 
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 procurement 
of goods and services. 
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 unveiled 
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 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 Admin-
istration’s programs can advance the frontiers of 
science, expanding understanding of our planet and 
of the universe, and contribute to American pros-
perity. 
(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 re-
search and development have benefited the economy 
and national security of the United States and im-
proved the quality of life of its citizens. 
(7) Long-term progress in aeronautics and space 
requires continued Federal investment in funda-
mental research, test facilities, and maintenance of a 
skilled civil service workforce at NASA’s Centers.
(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 Aer-
onautics 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 ensure 
that NASA carries out a balanced set of programs 
that shall include, at a minimum, programs in—
(A) human space flight, in accordance with 
subsection (b); 
(B) aeronautics research and development; 
and 
(C) scientific research, which shall include, 
at a minimum—
(i) robotic missions to study planets, 
and to deepen understanding of astronomy, 
astrophysics, and other areas of science that 
can be productively studied from space; 
(ii) earth science research and research 
on the Sun-Earth connection through the 
development and operation of research sat-
ellites and other means; 
(iii) support of university research in 
space science and earth science; and 
(iv) research on microgravity, includ-
ing research that is not directly related to 
human exploration. 
(2) CONSULTATION AND COORDINATION.—In car-
rying out the programs of NASA, the Administrator 
shall—
(A) consult and coordinate to the extent ap-
propriate with other relevant Federal agencies, 
including through the National Science and 
Technology Council; 
(B) work closely with the private sector, in-
cluding 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 Adminis-
trator 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. 
(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 aer-
onautics 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 fiscal 
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-
ized level for aeronautics provided in title II of 
this Act. 
(3) CONSIDERATIONS.—In developing the na-
tional aeronautics policy, the President shall consider 
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 incre-
mental research, and the expected impact on the
United States aircraft and airline industries 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 
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 aer-
onautics policy.
(5) SCHEDULE.—The Administrator shall trans-
mit the national aeronautics policy to the Committee 
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 Senate, not later 
than the date on which the President submits the pro-
posed budget for the Federal Government for fiscal 
year 2007 to the Congress. The Administrator shall 
make available to those committees any study done by 
a nongovernmental entity that was used in the devel-
opment of the national aeronautics policy. 
(d) SCIENCE.—
(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, design, 
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 missions 
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 Administrator shall 
consider the following issues, which shall be discussed 
in the transmittal under paragraph (6): 
(A) What the most important scientific 
questions in space science and earth science are. 
(B) The relationship between 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 Administrator 
shall also consult widely with academic and industry 
experts and with other Federal agencies. 
(5) HUBBLE SPACE TELESCOPE.—The policy de-
veloped under this subsection shall address plans for
a human mission to repair the Hubble Space Tele-
scope consistent with section 302 of this Act. 
(6) SCHEDULE.—The Administrator shall trans-
mit the policy developed under this subsection to the 
Committee on Science of the House of Representatives 
and the Committee on Commerce, Science, and Trans-
portation of the Senate not later than the date on 
which the President submits the proposed budget for 
the Federal Government for fiscal year 2007 to the 
Congress. The Administrator shall make available to 
those committees any study done by a nongovern-
mental 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 own-
ership 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-
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 trans-
mit the plan developed under this subsection to the 
Committee on Science of the House of Representatives 
and the Committee on Commerce, Science, and Trans-
portation of the Senate not later than the date on 
which the President submits the proposed budget for 
the Federal Government for fiscal year 2008 to the 
Congress. 
(f) WORKFORCE.—
(1) IN GENERAL.—The Administrator shall de-
velop a human capital strategy to ensure that NASA 
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 rea-
sons NASA needs those employees; 
(C) the steps NASA will use to retain need-
ed employees; and 
(D) the budget assumptions of the strategy, 
which for fiscal years 2006 and 2007 shall be 
consistent with the authorizations provided in 
title II of this Act, and any expected additional 
costs or savings from the strategy by fiscal year. 
(3) SCHEDULE.—The Administrator shall trans-
mit the strategy developed under this subsection to the 
Committee on Science of the House of Representatives 
and the Committee on Commerce, Science, and Trans-
portation of the Senate not later than the date on 
which the President submits the proposed budget for 
the Federal Government for fiscal year 2007 to the 
Congress. At least 60 days before transmitting the 
strategy, NASA shall provide a draft of the strategy 
to its Federal Employee Unions for a 30-day con-
sultation period after which NASA shall respond in 
writing to any written concerns provided by the 
Unions. 
(4) LIMITATION.—NASA may not initiate any 
buyout offer or Reduction in Force until 60 days after
the strategy required by this subsection has been 
transmitted to the Congress in accordance with para-
graph (3). NASA may not implement any Reduction 
in Force or other involuntary separations prior to 
October 1, 2006. 
(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 sec-
tor by converting a center to a Federally Funded Re-
search 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 consideration the 
experiences of other relevant Federal agencies in oper-
ating laboratories and centers and any reports that 
have reviewed the mode of operation of those labora-
tories and centers, as well as any reports that have 
reviewed NASA’s centers. 
(4) SCHEDULE.—The Administrator shall trans-
mit the study conducted under this subsection to the 
Committee on Science of the House of Representatives 
and the Committee on Commerce, Science, and Trans-
portation of the Senate not later than May 31, 2006. 
(h) BUDGETS.—The proposed budget for NASA sub-
mitted by the President for each fiscal year shall be accom-
panied 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 programs; 
(8) the budget for the Integrated Financial Man-
agement Program, by individual element; 
(9) the budget for the Independent Technical Au-
thority, both total and by center; 
(10) the budget for public relations, by program;
(11) the comparable figures for at least the 2 pre-
vious fiscal years for each item in the proposed budg-
et; 
(12) the amount of unobligated funds and unex-
pended funds, by appropriations account—
(A) that remained at the end of the fiscal 
year prior to the fiscal year in which the budget 
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 Presi-
dent has submitted an annual budget request to Con-
gress; 
(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 cat-
egory. 
(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 strategic 
needs for test facilities and shall submit the review to 
the Committee on Science of the House of Representa-
tives and the Committee on Commerce, Science, and 
Transportation of the Senate. The review shall in-
clude 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 iden-
tified in the 2003 independent assessment by the 
RAND Corporation, entitled ‘‘Wind Tunnel and Pro-
pulsion Test Facilities: An Assessment of NASA’s Ca-
pabilities to Serve National Needs’’ as being part of 
the minimum set of those facilities necessary to retain 
and manage to serve national needs, as well as any 
other NASA test facilities that were in use as of Jan-
uary 1, 2004, until the review conducted under para-
graph (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 pro-
posed 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 vehicle has 
undergone an interagency review. 
(7) A description of the intended purpose of 
lunar missions and the architecture for those mis-
sions. 
(8) The program goals for Project Prometheus. 
(9) A plan for managing the cost increase for the 
James Webb Space Telescope. 
(b) CREW EXPLORATION VEHICLE.—The Adminis-
trator shall not enter into a development contract for the 
Crew Exploration Vehicle until at least 30 days after the 
Administrator has transmitted to the Committee on Science 
of the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate a report 
describing—
(1) the expected cost of the Crew Exploration Ve-
hicle through fiscal year 2020, based on the specifica-
tions for that development contract; 
(2) the expected budgets for each fiscal year 
through fiscal year 2020 for human space flight, aero-
nautics, 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 at 
least two cost estimates for the Crew Exploration 
Vehicle that are higher than those projected 
under paragraph (1), based on NASA’s past ex-
perience with cost increases for similar pro-
grams, along with a description of the reasons 
for selecting the cost estimates used for the cal-
culations under this subparagraph and the prob-
ability that the cost of the Crew Exploration Ve-
hicle will reach those estimated amounts; and 
(3) the extent to which the Crew Exploration Ve-
hicle 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 meeting 
NASA’s needs over the next 20 years. The plan shall 
also include life-cycle cost estimates, milestones, esti-
mated performance capabilities, and 5-year funding 
profiles. The plan shall also include an estimate of the 
amounts of any reimbursements NASA is likely to re-
ceive from other Federal agencies during the expected 
life of the upgrades described in the plan. The plan 
shall include a description of the following: 
(A) Projected Deep Space Network require-
ments 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 up-
grades described in subparagraph (B). 
(2) CONSULTATIONS.—The Administrator shall 
consult with other relevant Federal agencies in devel-
oping the plan under this subsection. 
(3) REPORT.—The Administrator shall transmit 
the plan under this subsection 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 February 17, 2007. 
(d) PUBLIC RELATIONS.—Not later than December 31, 
2005, the Administrator shall transmit a plan to the Com-
mittee on Appropriations and the Committee on Science of 
the House of Representatives, and to the Committee on Ap-
propriations and the Committee on Commerce, Science, and 
Transportation of the Senate, describing the activities that 
will be undertaken as part of the national awareness cam-
paign required by the report of the Committee on Appro-
priations of the House of Representatives accompanying the 
Science, State, Justice, Commerce, and Related Agencies 
Appropriations Act, 2006, and the expected cost of those ac-
tivities. NASA may undertake activities as part of the na-
tional 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 Rep-
resentatives and the Committee on Commerce, Science, and 
Transportation of the Senate of any activity. The plan re-
quired by this subsection shall include the estimated costs 
of any activities undertaken pursuant to notice under the 
preceding sentence. 
(e) JOINT DARK ENERGY MISSION.—The Adminis-
trator and the Director of the Department of Energy Office 
of Science shall jointly transmit 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 fiscal year
2007, a report on plans for a Joint Dark Energy Mission. 
The report shall include the amount of funds each agency 
intends to expend on the Joint Dark Energy Mission for 
each of the fiscal years 2007 through 2011, and any specific 
milestones for the development and launch of the Mission. 
(f) SHUTTLE EMPLOYEE TRANSITION.—The Adminis-
trator shall consult with other appropriate Federal agencies 
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 include 
actions to assist Federal and contractor personnel to take 
advantage of training, retraining, job placement, and relo-
cation 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 con-
tractors will have an appropriate complement of employees 
to allow for the safest possible use of the Space Shuttle 
through its final flight. The Administrator shall transmit 
the plan 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 90 days after 
the date of enactment of this Act. 
(g) OFFICE OF SCIENCE AND TECHNOLOGY POLICY.—
(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 Pol-
icy shall transmit to the Committee on Science of the 
House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate 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 programs
of NASA, and the most recent budget figures for 
those programs of other agencies; 
(C) recommends any changes to the research 
and development programs of NASA that should 
be made to eliminate unnecessary duplication or 
address topics of national interest; and 
(D) describes mechanisms the Office of 
Science and Technology Policy will use to ensure 
adequate coordination between NASA and Fed-
eral agencies that operate related programs. 
SEC. 103. BASELINES AND COST CONTROLS. 
(a) CONDITIONS FOR DEVELOPMENT.—
(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 pro-
gram 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 transmit 
a report describing the basis for the determination re-
quired under paragraph (1) to the Committee on 
Science of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of 
the Senate at least 30 days before entering into a con-
tract for development under a major program. 
(3) NONDELEGATION.—The Administrator may 
not delegate the determination requirement under this 
subsection. 
(b) MAJOR PROGRAM ANNUAL REPORTS.—
(1) REQUIREMENT.—Not later than February 15 
of each year following the date of enactment of this 
Act, the Administrator shall transmit to the Com-
mittee on Science of the House of Representatives and 
the Committee on Commerce, Science, and Transpor-
tation of the Senate a report on each major program 
for which NASA proposes to expend funds in the sub-
sequent 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 develop-
ment cost and an estimate of the annual costs 
until the development is completed; 
(C) the schedule for the development, includ-
ing key program milestones; and 
(D) the name of the person responsible for 
making notifications under subsection (c), who 
shall be an individual whose primary responsi-
bility is overseeing the program. 
(3) INFORMATION
UPDATES.—For major pro-
grams with respect to which a Baseline Report has 
been previously submitted, each subsequent Major 
Program Annual Report shall describe any changes to 
the information that had been provided in the Base-
line 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 pro-
gram. 
(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 Transpor-
tation of the Senate. 
(d) FIFTEEN PERCENT THRESHOLD.—Not later than 
30 days after receiving a written notification under sub-
section (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 determination is 
affirmative, the Administrator shall—
(1) transmit 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 14 days after making the determination, 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 increase 
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 com-
pleting 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 
makes a determination under this subsection. The Adminis-
trator 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 development 
cost of a program will exceed the estimate provided in the 
Baseline Report of the program by more than the lower of 
30 percent or $1,000,000,000, then, beginning 1 year after 
the date the Administrator transmits a report under sub-
section (d)(1), the Administrator shall not expend any addi-
tional funds on the program, other than termination costs, 
unless the Congress has subsequently authorized continu-
ation of the program by law. 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 enact-
ment of the Act under which Congress has authorized con-
tinuation 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 begin-
ning with the approval to proceed to implementation, 
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 serv-
ant costs, and other related expenses incurred or esti-
mated to be incurred in the design, development, 
verification, production, operation, maintenance, sup-
port, and retirement of a program over its planned 
lifespan, without regard to funding source or manage-
ment control; and 
(4) the term ‘‘major program’’ means an activity 
approved to proceed to implementation that has an 
estimated life-cycle cost of more than $100,000,000.
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 ad-
visory committees. 
‘‘(c) ADVERTISING.—The Administrator shall widely 
advertise prize competitions to encourage participation. 
‘‘(d) REQUIREMENTS AND REGISTRATION.—For each 
prize competition, the Administrator shall publish a notice 
in the Federal Register announcing the subject of the com-
petition, the rules for being eligible to participate in the 
competition, the amount of the prize, and the basis on which 
a winner will be selected.
‘‘(e) ELIGIBILITY.—To be eligible to win a prize under 
this section, an individual or entity—
‘‘(1) shall have registered to participate in the 
competition pursuant to any rules promulgated by 
the Administrator under subsection (d); 
‘‘(2) shall have complied with all the require-
ments under this section; 
‘‘(3) in the case of a private entity, shall be in-
corporated in and maintain a primary place of busi-
ness in the United States, and in the case of an indi-
vidual, 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 em-
ployee acting within the scope of their employment. 
‘‘(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 di-
rect, indirect, or consequential, arising from their partici-
pation in a competition, whether such injury, death, dam-
age, or loss arises through negligence or otherwise. For the 
purposes of this subparagraph, the term ‘related entity’ 
means a contractor or subcontractor at any tier, and a sup-
plier, user, customer, cooperating party, grantee, investi-
gator, or detailee. 
‘‘(2) Participants must obtain liability insurance or 
demonstrate financial responsibility in amounts to com-
pensate for the maximum probable loss, as determined by 
the Administrator, from claims by—
‘‘(A) a third party for death, bodily injury, or 
property damage, or loss resulting from an activity 
carried out in connection with participation in a 
competition, with the Federal Government named as 
an additional insured under the registered partici-
pant’s insurance policy and registered participants 
agreeing to indemnify the Federal Government 
against third party claims for damages arising from 
or related to competition activities; and 
‘‘(B) the United States Government for damage 
or loss to Government property resulting from such 
an activity. 
‘‘(g) JUDGES.—For each competition, the Administra-
tion, either directly or through a contract under subsection 
(h), shall assemble a panel of qualified judges from both 
within and outside the Administration to select the winner 
or winners of the prize competition on the basis described 
pursuant to subsection (d). Judges for each competition
shall include individuals from the private sector. A judge 
may not—
‘‘(1) have personal or financial interests in, or be 
employees, officers, directors, or agents of, any entity 
that is a registered participant in a 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, subject 
to the provisions of this section. 
‘‘(i) FUNDING.—(1) The Administrator may accept 
funds from other Federal agencies and from the private sec-
tor for cash prizes under this section. Such funds shall not 
increase the amount of a prize after the amount has been 
announced pursuant to subsection (d). The Administrator 
may not give any special consideration to any private sec-
tor entity in return for a donation. 
‘‘(2) Funds appropriated for the program under this 
section shall remain available until expended, and may be 
transferred, reprogrammed, or expended for other 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