National Aeronautics and Space Administration Authorization Act of 2005
PL 109-155 (S.1281), enacted 12/30/2005

119 STAT. 2895
PUBLIC LAW 109–155—DEC. 30, 2005
Public Law 109–155
109th Congress
An Act
To authorize the programs of the National Aeronautics and Space Administration.
Be it enacted by the Senate and House of Representatives 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 ‘‘National
Aeronautics and Space Administration Authorization 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. 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. Whistleblower protection.
TITLE II—AUTHORIZATION OF APPROPRIATIONS
Sec. 201. Structure of budget accounts.
Sec. 202. Fiscal year 2007.
Sec. 203. Fiscal year 2008.
Sec. 204. ISS research.
Sec. 205. Test facilities.
Sec. 206. Official representation fund.
Sec. 207. ISS cost cap.
TITLE III—SCIENCE
Subtitle A—General Provisions
Sec. 301. Performance assessments.
Sec. 302. Status 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 Administration.
Sec. 307. Review and report on Headquarters Earth-Sun System Applied Sciences
Program.
Subtitle B—Remote Sensing
Sec. 311. Definitions.
Sec. 312. General responsibilities.
Sec. 313. Pilot projects to encourage public sector applications.
Sec. 314. Program evaluation.
42 USC 16601
note.
National
Aeronautics and
Space
Administration
Authorization
Act of 2005.
Dec. 30, 2005
[S. 1281]
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119 STAT. 2896
PUBLIC LAW 109–155—DEC. 30, 2005
Sec. 315. Data availability.
Sec. 316. 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—Governmental Interest in Aeronautics Research and Development
Sec. 411. Governmental interest.
Subtitle B—High Priority Aeronautics Research and Development Programs
Sec. 421. Fundamental research program.
Sec. 422. Research and technology programs.
Sec. 423. Airspace systems research.
Sec. 424. Aviation safety and security research.
Sec. 425. Aviation weather research.
Sec. 426. Assessment of wake turbulence research and development program.
Sec. 427. University-based Centers for Research on Aviation Training.
Subtitle C—Scholarships
Sec. 431. NASA aeronautics scholarships.
Subtitle D—Data Requests
Sec. 441. Aviation data requests.
TITLE V—HUMAN SPACE FLIGHT
Sec. 501. Space Shuttle follow-on.
Sec. 502. Transition.
Sec. 503. Requirements.
Sec. 504. Ground-based analog capabilities.
Sec. 505. ISS completion.
Sec. 506. ISS research.
Sec. 507. National laboratory designation.
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.
Sec. 616. Museums.
Sec. 617. Review of MUST program.
Sec. 618. Continuation of certain education programs.
Sec. 619. Implementation of previous recommendations.
Subtitle C—Technology Transfer
Sec. 621. Commercial technology transfer program.
TITLE VII—MISCELLANEOUS PROVISIONS
Subtitle A—National Aeronautics and Space Administration
Sec. 701. Retrocession of jurisdiction.
Sec. 702. Extension of indemnification.
Sec. 703. NASA scholarships.
Sec. 704. Independent cost analysis.
Sec. 705. Recovery and disposition authority.
Sec. 706. Changes to existing laws on reports.
Sec. 707. Small business contracting.
Sec. 708. NASA healthcare program.
Sec. 709. Offshore performance of contracts for the procurement of goods and serv-
ices.
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119 STAT. 2897
PUBLIC LAW 109–155—DEC. 30, 2005
Sec. 710. Study on enhanced use leasing.
Subtitle B—National Science Foundation
Sec. 721. Data on specific fields of study.
Sec. 722. National Science Foundation major research equipment and facilities.
TITLE VIII—TASK FORCE AND COMMISSION
Subtitle A—International Space Station Independent Safety Task Force
Sec. 801. Establishment of task force.
Sec. 802. Tasks of the task force.
Sec. 803. Composition of the task force.
Sec. 804. Reporting requirements.
Sec. 805. Sunset.
Subtitle B—Human Space Flight Independent Investigation Commission
Sec. 821. Definitions.
Sec. 822. Establishment of Commission.
Sec. 823. Tasks of the Commission.
Sec. 824. Composition of Commission.
Sec. 825. Powers of Commission.
Sec. 826. Public meetings, information, and hearings.
Sec. 827. Staff of Commission.
Sec. 828. Compensation and travel expenses.
Sec. 829. Security clearances for Commission members and staff.
Sec. 830. Reporting requirements and termination.
SEC. 2. DEFINITIONS.
In this Act:
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the
Administrator of the National Aeronautics and Space Adminis-
tration.
(2) ISS.—The term ‘‘ISS’’ means the International Space
Station.
(3) NASA.—The term ‘‘NASA’’ means the National Aero-
nautics 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 the Moon and other
planets and their moons, 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 satellites and other means;
(iii) support of university research in space science,
earth science, and microgravity science; and
(iv) research on microgravity, including research
that is not directly related to human exploration.
42 USC 16611.
42 USC 16601.
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119 STAT. 2898
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(2) CONSULTATION AND COORDINATION.—In carrying out the
programs of NASA, the Administrator shall—
(A) consult and coordinate to the extent appropriate
with other relevant Federal agencies, including through
the National Science and Technology Council;
(B) work closely with the private sector, including by—
(i) encouraging the work of entrepreneurs who are
seeking to develop new means to launch satellites,
crew, or cargo;
(ii) contracting with the private sector for crew
and cargo services, including to the International Space
Station, to the extent practicable;
(iii) 
using 
commercially 
available 
products
(including software) and services to the extent prac-
ticable to support all NASA activities; and
(iv) encouraging commercial use and development
of space to the greatest extent practicable; and
(C) involve other nations to the extent appropriate.
(b) VISION FOR SPACE EXPLORATION.—
(1) IN GENERAL.—The Administrator shall establish a pro-
gram to develop a sustained human presence on the Moon,
including a robust precursor program, to promote exploration,
science, commerce, and United States preeminence in space,
and as a stepping-stone to future exploration of Mars and
other destinations. The Administrator is further authorized
to develop and conduct appropriate international collaborations
in pursuit of these goals.
(2) MILESTONES.—The Administrator shall manage human
space flight programs to strive to achieve the following mile-
stones (in conformity with section 503)—
(A) Returning Americans to the Moon no later than
2020.
(B) Launching the Crew Exploration Vehicle as close
to 2010 as possible.
(C) Increasing knowledge of the impacts of long dura-
tion stays in space on the human body using the most
appropriate facilities available, including the ISS.
(D) 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 an official the President shall designate, and in con-
sultation with appropriate Federal agencies, shall develop a
national policy to guide the aeronautics research and develop-
ment programs of the United States through 2020. The policy
shall include national goals for aeronautics research and
development and shall describe the role and responsibilities
of each Federal agency that will carry out the policy. The
development of the policy shall utilize external studies that
have been conducted on the state of United States aeronautics
and aviation research and development and have suggested
policies to ensure continued competitiveness.
(2) CONTENT.—(A) At a minimum, the national aeronautics
research and development policy shall describe for NASA—
(i) the priority areas of research for aeronautics
through fiscal year 2011;
President.
Contracts.
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119 STAT. 2899
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(ii) the basis on which and the process by which prior-
ities for ensuing fiscal years will be selected;
(iii) the facilities and personnel needed to carry out
the aeronautics program through fiscal year 2011; and
(iv) the budget assumptions on which the policy is
based, which for fiscal years 2007 and 2008 shall be the
authorized level for aeronautics provided in title II of this
Act.
(B) The policy shall be based on the premises that—
(i) the Federal Government has an established interest
in conducting research and development programs for
improving the usefulness, performance, speed, safety, and
efficiency of aeronautical vehicles, as described in section
102(d)(2) of the National Aeronautics and Space Act of
1958 (42 U.S.C. 2451(d)(2)); and
(ii) the Federal Government has an established interest
in conducting research and development programs that
help preserve the role of the United States as a global
leader in aeronautical technologies and in their application,
as described in section 102(d)(5) of the National Aeronautics
and Space Act of 1958 (42 U.S.C. 2451(d)(5)).
(3) CONSIDERATIONS.—In developing the national aero-
nautics research and development 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 incremental research, and
the expected impact of that decision on the United States
economy, and the ability to achieve environmental and
other public goals related to aeronautics.
(B) The extent to which NASA should address military
and commercial needs.
(C) How NASA will coordinate its aeronautics program
with other Federal agencies.
(D) The extent to which NASA will conduct research
in-house, fund university research, and collaborate on
industry research, and the expected impact of that mix
of 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 include 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 research and development policy, the President
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 policy.
(5) SCHEDULE.—(A) Not later than 1 year after the date
of enactment of this Act, the President shall transmit the
national aeronautics research and development policy to the
Committee on Appropriations of the House of Representatives,
the Committee on Appropriations of the Senate, the Committee
Deadline.
President.
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on Science of the House of Representatives, and the Committee
on Commerce, Science, and Transportation of the Senate.
(B) Not later than 60 days after the transmittal of the
policy under subparagraph (A), the Administrator shall
transmit to the Committee on Appropriations of the House
of Representatives, the Committee on Appropriations of the
Senate, the Committee on Science of the House of Representa-
tives, and the Committee on Commerce, Science, and Transpor-
tation of the Senate a report describing how NASA will carry
out the policy.
(C) At the time the President’s fiscal year 2007 budget
is transmitted to the Congress, the Administrator shall
transmit to the Committee on Appropriations of the House
of Representatives, the Committee on Appropriations of the
Senate, the Committee on Science of the House of Representa-
tives, and the Committee on Commerce, Science, and Transpor-
tation of the Senate a report on the proposed NASA aeronautics
budget describing—
(i) the rationale for the budget levels and activities
in the proposed fiscal year 2007 NASA aeronautics budget;
(ii) the extent to which the program directions proposed
for fiscal year 2007 are likely to be consistent with the
national policy being prepared under this section; and
(iii) the extent to which the proposed programs for
fiscal year 2007 are consistent with past reports and cur-
rent studies of the National Academy of Sciences, and
other relevant reports and studies.
(d) SCIENCE.—
(1) IN GENERAL.—The Administrator shall develop a plan
to guide the science programs of NASA through 2016.
(2) CONTENT.—At a minimum, the plan developed under
paragraph (1) shall be designed to ensure that NASA has
a rich and vigorous set of science activities, and 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;
and
(C) the budget assumptions on which the policy is
based, which for fiscal years 2007 and 2008 shall be con-
sistent with the authorizations provided in title II of this
Act.
(3) CONSIDERATIONS.—In developing the science plan under
this subsection, the Administrator shall consider the following
issues, which shall be discussed in the transmittal under para-
graph (6):
(A) What the most important scientific questions in
space science and earth science are.
(B) How to best benefit from the relationship between
NASA’s space and earth science activities and those of
other Federal agencies.
(C) Whether the Magnetospheric Multiscale Mission,
SIM-Planet Quest, and missions under the Future
Explorers Programs can be expedited to meet previous
schedules.
Reports.
Deadline.
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119 STAT. 2901
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(D) Whether any NASA Earth observing missions that
have been delayed or cancelled can be restored.
(E) How to ensure the long-term vitality of Earth
observation programs at NASA, including their satellite,
science, and data system components.
(F) Whether current and currently planned Earth
observation missions should be supplemented or replaced
with new satellite architectures and instruments that
enable global coverage, and all-weather, day and night
imaging of the Earth’s surface features.
(G) How to integrate NASA earth science missions
with the Global Earth Observing System of Systems.
(4) CONSULTATION.—In developing the plan under this sub-
section, 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 plan 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 plan
developed under this subsection 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 1 year after the date of enactment of this Act. The
Administrator shall make available to those committees any
study done by a nongovernmental entity that was used in
the development of the plan.
(e) FACILITIES.—
(1) IN GENERAL.—The Administrator shall develop 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 developed under
paragraph (1) shall describe—
(A) any new facilities NASA intends to acquire,
whether through construction, purchase, or lease, and the
expected dates for doing so;
(B) any facilities NASA intends to significantly modify,
refurbish, or upgrade, and the expected dates for doing
so;
(C) any facilities NASA intends to close, and the
expected dates for doing so;
(D) any transactions NASA intends to conduct 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 enhance the ability of NASA
to carry out its programs;
(F) the expected costs or savings expected from each
of the actions described in subparagraphs (A), (B), (C),
and (D);
(G) the priority order of the actions described in sub-
paragraphs (A), (B), (C), and (D);
Deadline.
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119 STAT. 2902
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(H) the budget assumptions of the plan, which for
fiscal years 2007 and 2008 shall be consistent with
theauthorizations provided in title II of this Act, including
the funding levels for maintenance and repairs; and
(I) how facilities were evaluated in developing the plan.
(3) SCHEDULE.—The Administrator shall transmit the plan
developed under this subsection 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 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 develop 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
developed pursuant to this section. Under the strategy, NASA
shall utilize current personnel, to the maximum extent feasible,
in implementing the vision for space exploration and NASA’s
other programs. The strategy shall cover the period through
fiscal year 2011.
(2) CONTENT.—The strategy developed under paragraph
(1) shall describe, at a minimum—
(A) any categories of employees NASA intends 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 intends 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 strategy, which for
fiscal years 2007 and 2008 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 transmit the
strategy developed under this subsection to the Committee
on Science of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate not
later than 60 days after the date on which the President sub-
mits 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 consultation period
after which NASA shall respond in writing to any written
concerns provided by the unions.
(4) LIMITATION.—NASA may not implement any Reduction
in Force or other involuntary separations (except for cause)
prior to March 16, 2007.
(g) CENTER MANAGEMENT.—
(1) IN GENERAL.—The Administrator shall conduct 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
Deadlines.
Deadline.
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119 STAT. 2903
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Federally Funded Research and Development Center or through
any other mechanism.
(2) CONTENT.—The study conducted under paragraph (1)
shall, at a minimum—
(A) make a recommendation for the operation of each
center and provide reasons for that recommendation; and
(B) describe the advantages and disadvantages 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 operating laboratories and
centers, and any reports that have reviewed the mode of oper-
ation 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 Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate not later
than May 31, 2006.
(h) BUDGETS.—
(1) CATEGORIES.—The proposed budget for NASA submitted
by the President for each fiscal year shall be accompanied
by documents showing—
(A) by program—
(i) the budget for space operations, including the
ISS and the Space Shuttle;
(ii) the budget for exploration systems;
(iii) the budget for aeronautics;
(iv) the budget for space science;
(v) the budget for earth science;
(vi) the budget for microgravity science;
(vii) the budget for education;
(viii) the budget for safety oversight; and
(ix) the budget for public relations;
(B) the budget for technology transfer programs;
(C) the budget for the Integrated Enterprise Manage-
ment Program, by individual element;
(D) 
the 
budget 
for 
the 
Independent 
Technical
Authority, both total and by center;
(E) the total budget for the prize program under section
104, and the administrative budget for that program; and
(F) the comparable figures for at least the 2 previous
fiscal years for each item in the proposed budget.
(2) SENSE OF CONGRESS REGARDING EVALUATION CRITERIA
FOR BUDGET REQUESTS.—It is the sense of the Congress that
each budget of the United States submitted to the Congress
after the date of enactment of this Act should be evaluated
for compliance with the findings and priorities established by
this Act and the amendments made by this Act.
(i) ADDITIONAL BUDGET INFORMATION.—NASA shall make avail-
able, upon request from the Committee on Science of the House
of Representatives or the Committee on Commerce, Science, and
Transportation of the Senate—
(1) information on corporate and center general and
administrative costs and service pool costs, including—
Deadline.
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(A) 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;
(B) the amount of funds being allocated for those pur-
poses for each center, for headquarters, and for each direc-
torate; and
(C) the major activities included in each cost category;
and
(2) the figures on the amount of unobligated funds and
unexpended 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 presented;
(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.
(j) NASA AERONAUTICS TEST FACILITIES AND SIMULATORS.—
(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 aeronautics test facili-
ties and shall submit the review to the Committee on Science
of the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate. The review
shall include an evaluation of the facility needs described pursu-
ant to subsection (c)(2)(A)(iii). The review shall take into consid-
eration the results of the study conducted pursuant to the
instructions on page 582 of the conference report (H. Rept.
108–767) to accompany the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (P.L. 108–375).
(2) LIMITATION.—The Administrator shall not close or moth-
ball any aeronautics test facilities identified in the 2003 inde-
pendent assessment by the RAND Corporation titled ‘‘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 necessary to retain and
manage to serve national needs, or any aeronautics simulators,
that were in use as of January 1, 2004, with the exception
of the already closed 16-foot transonic tunnel, until—
(A) the review conducted under paragraph (1) has been
transmitted to the Congress; and
(B) 60 days after the Administrator has transmitted
to the Committee on Appropriations and the Committee
on Science of the House of Representatives and the Com-
mittee on Appropriations and the Committee on Commerce,
Science, and Transportation of the Senate a written certifi-
cation that the proposed closure will not have an adverse
impact on NASA’s ability to execute the national policy
developed under subsection (c) and to achieve the goals
described in that policy.
Subparagraph (B) shall cease to be effective five years after
the date the study required by this section has been transmitted
to the Congress.
Termination
date.
Deadline.
Certification.
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119 STAT. 2905
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SEC. 102. REPORTS.
(a) NATIONAL AWARENESS CAMPAIGN.—
(1) IN
GENERAL.—The Administrator shall implement,
beginning not later than May 1, 2006, a national awareness
campaign through various media, including print, radio, tele-
vision, and the Internet, to articulate missions, publicize recent
accomplishments, and facilitate efforts to encourage young
Americans to enter the fields of science, mathematics, and
engineering to help maintain United States leadership in those
fields.
(2) REPORTS.—(A) Not later than April 1, 2006, the
Administrator shall transmit a plan to the Committee on
Science of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate
describing the activities that will be undertaken as part of
the national awareness campaign required by paragraph (1)
and the expected cost of those activities. NASA may undertake
activities as part of the national awareness campaign prior
to the transmittal of the plan required by this subparagraph,
but the plan shall include a description of any activities under-
taken prior to the transmittal and the estimated cost of those
activities.
(B) Not later than three years after the date of enactment
of this Act, 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 an
assessment of the impact of the national awareness campaign.
(b) BUDGET INFORMATION.—Not later than April 30, 2006, 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 report describing—
(1) the expected cost of the Crew Exploration Vehicle
through fiscal year 2020, based on the public specifications
for that development contract; and
(2) the expected budgets for each fiscal year through 2020
for human spaceflight, 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 projected under paragraph (1); and
(B) then assuming inflationary growth for the budget
of NASA as a whole and including at least two cost esti-
mates for the Crew Exploration Vehicle that are higher
than those projected under paragraph (1), based on NASA’s
past experience with cost increases for similar programs,
along with a description of the reasons for selecting the
cost estimates used for the calculations under this subpara-
graph and the confidence level for each of the cost estimates
used in this section.
(c) SPACE COMMUNICATIONS PLAN.—
(1) PLAN.—The Administrator shall develop a plan, in con-
sultation with relevant Federal agencies, for updating NASA’s
space communications architecture 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 include life-cycle cost estimates, milestones, estimated
performance capabilities, and 5-year funding profiles. The plan
42 USC 16612.
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shall also include an estimate of the amounts of any reimburse-
ments NASA is likely to receive from other Federal agencies
during the expected life of the upgrades described in the plan.
At a minimum, the plan shall include a description of the
following:
(A) Projected Deep Space Network requirements for
the next 20 years, 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).
(E) Projected Tracking and Data Relay Satellite System
requirements for the next 20 years, including those in
support of other relevant Federal agencies.
(F) Cost and schedule estimates to maintain and
upgrade the Tracking and Data Relay Satellite System
to meet projected requirements.
(2) CONSULTATIONS.—The Administrator shall consult with
other relevant Federal agencies in developing the plan under
this subsection.
(3) SCHEDULE.—The Administrator shall transmit the plan
under this subsection 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 17,
2007.
(d) JOINT DARK ENERGY MISSION.—The Administrator and the
Director of the Department of Energy Office of Science shall jointly
transmit to the Committee on Science of the House of Representa-
tives and the Committee on Commerce, Science, and Transportation
of the Senate, not later than July 15, 2006, 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.
(e) OFFICE OF SCIENCE AND TECHNOLOGY POLICY.—
(1) STUDY.—As part of ongoing efforts to coordinate
research and development across the Federal agencies, the
Director of the Office of Science and Technology Policy shall
conduct a study to determine—
(A) if any research and development programs of NASA
are unnecessarily duplicating aspects of programs of other
Federal agencies; and
(B) if any research and development programs of NASA
are neglecting any topics of national interest that are
related to the mission of NASA.
(2) REPORT.—Not later than one year after the date of
enactment of this Act, 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 Senate a
report that—
(A) describes the results of the study under paragraph
(1);
Deadline.
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(B) lists the research and development programs of
Federal agencies other than NASA that were reviewedas
part of the study, which shall include any program sup-
porting 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 in
response to the findings of the study required by paragraph
(1); and
(D) describes mechanisms the Office of Science and
Technology Policy will use to ensure adequate coordination
between NASA and Federal agencies that operate related
programs.
(3) CONTRACT.—The Director of the Office of Science and
Technology Policy may contract with a nongovernmental entity
to conduct the study required by paragraph (1).
SEC. 103. BASELINES AND COST CONTROLS.
(a) CONDITIONS FOR DEVELOPMENT.—
(1) IN GENERAL.—NASA shall not enter into a contract
for the development of a major program unless the Adminis-
trator determines that—
(A) the technical, cost, and schedule risks of the pro-
gram are clearly identified and the program has developed
a plan to manage those risks;
(B) the technologies required for the program have
been demonstrated in a relevant laboratory or test environ-
ment; and
(C) 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 required under para-
graph (1) to the Committee on Science of the House of Rep-
resentatives and the Committee on Commerce, Science, and
Transportation of the Senate at least 30 days before entering
into a contract for development under a major program.
(3) NONDELEGATION.—The Administrator may not delegate
the determination requirement under this subsection, except
in cases in which the Administrator has a conflict of interest.
(b) MAJOR PROGRAM ANNUAL REPORTS.—
(1) REQUIREMENT.—Annually, at the same time as the
President’s annual budget submission to the Congress, 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 report that includes
the information required by this section for each major program
for which NASA proposes to expend funds in the subsequent
fiscal year. Reports under this paragraph shall be known as
Major Program Annual Reports.
(2) BASELINE REPORT.—The first Major Program 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
42 USC 16613.
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reserves, and an estimate of the annual costs until develop-
ment is completed;
(C) the schedule for development, including key pro-
gram milestones;
(D) the plan for mitigating technical, cost, and schedule
risks identified in accordance with subsection (a)(1)(A); and
(E) the name of the person responsible for making
notifications under subsection (c), who shall be an indi-
vidual whose primary responsibility is overseeing the pro-
gram.
(3) INFORMATION UPDATES.—For major programs for which
a Baseline Report has been 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 sub-
section (b)(2)(E) shall immediately notify the Administrator
any time that individual has reasonable 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.
(2) REASONS.—Not later than 30 days after the notification
required under paragraph (1), the individual identified under
subsection (b)(2)(E) shall transmit to the Administrator a writ-
ten 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 15 days
after the Administrator receives a written notification under
paragraph (2), the Administrator shall transmit the notification
to the Committee 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 determination
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 Senate, not later than 15 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 proposed to be
taken in response to the cost increase or delay; and
Reports.
Deadlines.
Notification.
Deadlines.
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(C) a description of any impacts the cost increase or
schedule delay, or the actions described under subpara-
graph (B), will have on any other program within NASA;
and
(2) if the Administrator intends to continue with the pro-
gram, 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 actions 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 paragraph (2)
not later than 6 months after the Administrator makes a determina-
tion under this subsection. The Administrator shall transmit the
analysis to the Committee on Science of the House of Representa-
tives and Committee on Commerce, Science, and Transportation
of the Senate not later than 30 days after its completion.
(e) THIRTY PERCENT THRESHOLD.—If the Administrator deter-
mines 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 30 percent, then, beginning 18 months
after the date the Administrator transmits a report under sub-
section (d)(1), the Administrator shall not expend any additional
funds on the program, other than termination costs, unless the
Congress has subsequently authorized continuation of the program
by law. An appropriation for the specific program enacted subse-
quent to a report being transmitted shall be considered an
authorization 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 beginning 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 readi-
ness, 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 manage-
ment control; and
Reports.
Deadline.
Effective date.
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(4) the term ‘‘major program’’ means an activity approved
to proceed to implementation that has an estimated life-cycle
cost of more than $250,000,000.
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 research, technology development,
and prototype demonstration that have the potential for application
to the performance of the space and aeronautical activities of the
Administration. The Administration may carry out a program to
award prizes only in conformity with this section.
‘‘(b) TOPICS.—In selecting topics for prize competitions, 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 com-
petition, the Administrator shall publish a notice in the Federal
Register announcing the subject of the competition, 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 sec-
tion, 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 requirements under
this section;
‘‘(3) in the case of a private entity, shall be incorporated
in and maintain a primary place of business in the United
States, and in the case of an individual, 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 employment.
‘‘(f) LIABILITY.—(1) Registered participants must agree to
assume any and all risks and waive claims against the Federal
Government and its related entities, except 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 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 determined by the Adminis-
trator, for claims by—
‘‘(A) a third party for death, bodily injury, or property
damage, or loss resulting from an activity carried out in connec-
tion with participation in a competition, with the Federal
Notice.
Federal Register,
publication.
42 USC 2459f–1.
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Government named as an additional insured under the reg-
istered participant’s insurance policy and registered partici-
pants agreeing to indemnify the Federal Government against
third party claims for damages arising from or related to com-
petition activities; and
‘‘(B) the Federal Government for damage or loss to Govern-
ment property resulting from such an activity.
‘‘(g) JUDGES.—For each competition, the Administration, either
directly or through an agreement under subsection (h), shall
assemble a panel of qualified judges to select the winner or winners
of the prize competition on the basis described pursuant to sub-
section (d). Judges for each competition shall include individuals
from outside the 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 entity that is a
registered participant in a competition; or
‘‘(2) have a familial or financial relationship with an indi-
vidual who is a registered participant.
‘‘(h) ADMINISTERING
THE
COMPETITION.—The Administrator
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) Prizes under this section may consist of
Federal appropriated funds and funds provided by the private sector
for such cash prizes. The Administrator may accept funds from
other Federal agencies for such cash prizes. The Administrator
may not give any special consideration to any private sector entity
in return for a donation.
‘‘(2) Notwithstanding any other provision of law, funds appro-
priated for prize awards 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 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 increase 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 unless 30 days have elapsed
after written notice has been transmitted to the Committee on
Science of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate.
‘‘(5) No prize competition under this section may result in
the award of more than $1,000,000 in cash prizes without the
approval of the Administrator.
Notification.
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‘‘(j) USE OF NASA NAME AND INSIGNIA.—A registered partici-
pant in a competition under this section may use the Administra-
tion’s name, initials, or insignia only after prior review and written
approval by the Administration.
‘‘(k) COMPLIANCE WITH EXISTING LAW.—The Federal Govern-
ment shall not, by virtue of offering or providing a prize under
this section, be responsible for compliance 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 POLICY.—NASA shall
not launch a payload on a foreign launch vehicle except in accord-
ance with the Space Transportation Policy announced by the Presi-
dent on December 21, 2004. This subsection shall not be construed
to prevent the President from waiving the Space Transportation
Policy.
(b) INTERAGENCY COORDINATION.—NASA shall not launch a
payload 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 payload.
(c) APPLICATION.—This section shall not apply to any payload
for which development has begun prior to the date of enactment
of this Act, including the James Webb Space Telescope.
SEC. 106. SAFETY MANAGEMENT.
Section 6 of the National Aeronautics and Space Administration
Authorization Act, 1968 (42 U.S.C. 2477) is amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘There’’;
(2) by striking ‘‘to it’’ and inserting ‘‘to it, including evalu-
ating NASA’s compliance with the return-to-flight and continue-
to-fly recommendations of the Columbia Accident Investigation
Board,’’;
(3) by inserting ‘‘and the Congress’’ after ‘‘advise the
Administrator’’;
(4) by striking ‘‘and with respect to the adequacy of pro-
posed 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 related
to safety. 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 enactment of the National Aero-
nautics and Space Administration Authorization Act of 2005, the
Panel shall include an evaluation of NASA’s management and cul-
ture related to safety. Each annual report shall include an evalua-
tion of the Administration’s compliance with the recommendations
of the Columbia Accident Investigation Board through retirement
of the Space Shuttle.’’.
SEC. 107. LESSONS LEARNED AND BEST PRACTICES.
(a) IN GENERAL.—The Administrator shall transmit to the Com-
mittee on Science of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the Senate
an implementation plan describing NASA’s approach for obtaining,
implementing, and sharing lessons learned and best practices for
Deadline.
42 USC 16615.
Deadline.
42 USC 16614.
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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 con-
sistent with the burgeoning culture of learning and safety that
is emerging at NASA.
(b) REQUIRED CONTENT.—The implementation plan shall con-
tain at a minimum the lessons learned and best practices require-
ments for NASA, the organizations or positions 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 lessons learned and
best practices by employees, projects, 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 consultation with other
relevant agencies, shall develop a commercialization 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 transfer science research and technology to society. The plan
shall identify opportunities for the private sector to participate
in the future missions and activities, including opportunities for
partnership between NASA and the private sector in conducting
research and the development of technologies and services. The
plan shall include provisions for developing and funding sustained
university and industry partnerships to conduct commercial
research and technology development, to proactively translate
results of space research to Earth benefits, to advance United
States economic interests, and to support the vision for exploration.
The plan shall also emphasize the utilization by NASA of advance-
ments made by the private sector in space launch and orbital
hardware, and shall include opportunities for innovative collabora-
tions between NASA and the private sector under existing authori-
ties of NASA for reimbursable and nonreimbursable agreements
under the National Aeronautics and Space Act of 1958 (42 U.S.C.
2451 et seq.).
(b) REPORT.—Not later than 180 days after the date of enact-
ment of this Act, the Administrator shall submit a copy of the
plan to the Committee on Science of the House of Representatives
and the Committee on Commerce, 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 existing NASA facilities
involving the installation of heating, ventilating, and air condi-
tioning systems. Not later than 1 year after the date of enactment
of this Act, the Administrator shall transmit the study to the
Committee on Science of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate.
(b) CONTENTS.—The study shall examine—
Deadline.
42 USC 16617.
42 USC 16616.
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(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 suit-
ability of terrain; and
(3) such other issues as the Administrator considers appro-
priate.
(c) DEFINITION.—In this section, the term ‘‘ground source heat
pump’’ means an electric-powered system that uses the Earth’s
relatively constant temperature to provide heating, cooling, or hot
water.
SEC. 110. WHISTLEBLOWER PROTECTION.
(a) IN GENERAL.—Not later than 1 year after the date of enact-
ment of this Act, 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 plan
describing steps to be taken by NASA to protect from retaliation
NASA employees who raise concerns about substantial and specific
dangers to public health and safety or about substantial and specific
factors that could threaten the success of a mission. The plan
shall be designed to ensure that NASA employees have the full
protection required by law. The Administrator shall implement
the plan not more than 1 year after its transmittal.
(b) GOAL.—The Administrator shall ensure that the plan
describes a system that will protect employees who wish to raise
or have raised concerns described in subsection (a).
(c) PLAN.—At a minimum, the plan shall include, consistent
with Federal law—
(1) a reporting structure that ensures that the officials
who are the subject of a whistleblower’s complaint will not
learn the identity of the whistleblower;
(2) a single point to which all complaints can be made
without fear of retribution;
(3) procedures to enable the whistleblower to track the
status of the case;
(4) activities to educate employees about their rights as
whistleblowers and how they are protected by law;
(5) activities to educate employees about their obligations
to report concerns and their accountability before and after
receiving the results of the investigations into their concerns;
and
(6) activities to educate all appropriate NASA Human
Resources professionals, and all NASA managers and super-
visors, regarding personnel laws, rules, and regulations.
(d) REPORT.—Not later than February 15 of each year beginning
with the year after the date of enactment of this Act, the Adminis-
trator shall transmit a report to the Committee on Science of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate on the concerns described
in subsection (a) that were raised during the previous fiscal year.
At a minimum, the report shall provide—
(1) the number of concerns that were raised, divided into
the categories of safety and health, mission assurance, and
mismanagement, and the disposition of those concerns,
including whether any employee was disciplined as a result
of a concern having been raised; and
Deadlines.
42 USC 16618.
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(2) any recommendations for reforms to further prevent
retribution against employees who raise concerns.
TITLE II—AUTHORIZATION OF
APPROPRIATIONS
SEC. 201. STRUCTURE OF BUDGET ACCOUNTS.
Section 313 of the National Aeronautics and Space Act of 1958
(42 U.S.C. 2459f) is amended—
(1) by amending subsection (a) to read as follows:
‘‘(a)(1) Appropriations for the Administration for fiscal year
2007 and thereafter shall be made in three accounts, ‘Science,
Aeronautics, and Education’, ‘Exploration Systems and Space Oper-
ations’, and an account for amounts appropriated for the necessary
expenses of the Office of the Inspector General.
‘‘(2) Within the Exploration Systems and Space Operations
account, no more than 10 percent of the funds for a fiscal year
for Exploration Systems may be reprogrammed for Space Oper-
ations, and no more than 10 percent of the funds for a fiscal
year for Space Operations may be reprogrammed for Exploration
Systems. This paragraph shall not apply to reprogramming for
the purposes described in subsection (b)(2).
‘‘(3) Appropriations shall remain available for two fiscal years,
unless otherwise specified in law. Each account shall include the
planned full costs of Administration activities.’’; and
(2) in subsection (b)—
(A) by inserting ‘‘(1)’’ before ‘‘To ensure’’; and
(B) by adding at the end the following new paragraph:
‘‘(2) The Administration may also transfer amounts among
accounts for the immediate costs of recovering from damage caused
by a major disaster (as defined in section 102 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5122)) or by an act of terrorism, or for the immediate costs associ-
ated with an emergency rescue of astronauts.’’.
SEC. 202. FISCAL YEAR 2007.
There are authorized to be appropriated to NASA for fiscal
year 2007, $17,932,000,000, as follows:
(1) For Science, Aeronautics, and Education (including
amounts for construction of facilities), $7,136,800,000, of which
$962,000,000 shall be for Aeronautics.
(2) For Exploration Systems and Space Operations
(including 
amounts 
for 
construction 
of 
facilities),
$10,761,700,000, of which $6,618,600,000 shall be for Space
Operations.
(3) For the Office of Inspector General, $33,500,000.
SEC. 203. FISCAL YEAR 2008.
There are authorized to be appropriated to NASA for fiscal
year 2008, $18,686,300,000 as follows:
(1) For Science, Aeronautics, and Education (including
amounts for construction of facilities), $7,747,800,000, of which
$990,000,000 shall be for Aeronautics.
(2) For Exploration Systems and Space Operations
(including 
amounts 
for 
construction 
of 
facilities),
42 USC 16632.
42 USC 16631.
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119 STAT. 2916
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$10,903,900,000, of which $6,546,600,000 shall be for Space
Operations.
(3) For the Office of Inspector General, $34,600,000.
SEC. 204. ISS RESEARCH.
Beginning with fiscal year 2006, the Administrator shall allo-
cate at least 15 percent of the funds budgeted for ISS research
to ground-based, free-flyer, and ISS life and microgravity science
research that is not directly related to supporting the human explo-
ration program, consistent with section 305.
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 competitive with alternative
test facilities. 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 Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
(b) FUNDING
ACCOUNT.—In planning and budgeting, 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. OFFICIAL REPRESENTATION FUND.
Amounts appropriated pursuant to this Act may be used, but
not to exceed a total of $70,000 in any fiscal year, for official
reception and representation expenses.
SEC. 207. ISS COST CAP.
(a) REPORT.—The Administrator shall transmit to the Com-
mittee on Science of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the Senate
a report providing the current expected development costs of the
ISS and describing any changes to those costs that have occurred
because of the grounding of the Space Shuttle after the loss of
the Space Shuttle Columbia and because of the implementation
of full-cost accounting.
(b) REPEAL.—Thirty days after the transmittal of the report
described in subsection (a), section 202 of the National Aeronautics
and Space Administration 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.—The performance of each division in the
Science directorate of NASA shall be reviewed and assessed by
the National Academy of Sciences at 5-year intervals.
(b) TIMING.—Beginning with the first fiscal year following the
date of enactment of this Act, the Administrator shall select at
least one division for review under this section. The Administrator
shall select divisions so that all disciplines will have received their
42 USC 16651.
42 USC 16636.
42 USC 16635.
Deadline.
Notice.
42 USC 16634.
42 USC 16633.
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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 enactment of this Act,
the Administrator shall transmit a report to the Committee on
Science of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate—
(1) setting forth in detail the results of any external 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 recommendations
from any other relevant external reviews of NASA’s science
mission priorities and programs.
SEC. 302. STATUS ON HUBBLE SPACE TELESCOPE SERVICING MISSION.
It is the sense of the Congress that the Hubble Space Telescope
is an extraordinary instrument that has provided, and should con-
tinue to provide, answers to profound scientific questions. In accord-
ance with the recommendations 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 mission. 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 mission would compromise astronaut safety. Not later than
60 days after the landing of the second Space Shuttle mission
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 ensuring con-
tinuity of Landsat data and in view of the challenges facing the
National 
Polar-Orbiting 
Operational 
Environmental 
Satellite
System program, the Administrator shall seek an independent
assessment of the costs as well as the technical, cost, and schedule
risks associated with incorporating the Landsat instrument on the
first National Polar-Orbiting Operational Environmental Satellite
System spacecraft compared with undertaking various alternatives,
including a dedicated Landsat data ‘‘gap-filler’’ mission followed
by the incorporation of the Landsat instrument on the second
National 
Polar-Orbiting 
Operational 
Environmental 
Satellite
System spacecraft. The assessment shall also include an evaluation
of the budgetary requirements of each of the options under consider-
ation.
(b) REPORT.—
(1) DEADLINE.—The Administrator shall transmit the inde-
pendent assessment to the Committee on Science of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate not later than 180 days
after the date of enactment of this Act unless, prior to that
date, NASA cancels plans to fly the Landsat instrument on
42 USC 16653.
Deadline.
Reports.
42 USC 16652.
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the first National Polar-Orbiting Operational Environmental
Satellite System spacecraft.
(2) CANCELLATION.—If NASA cancels such plans, the
Administrator shall—
(A) not later than 7 days after a cancellation decision,
inform the Committee on Science of the House of Rep-
resentatives and the Committee on Commerce, Science,
and Transportation of the Senate, in writing, of the can-
cellation; and
(B) not later than 90 days after the transmittal of
the cancellation notice, transmit to the Committee on
Science of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate
a plan for undertaking a dedicated gap-filler mission or
alternative means for ensuring the continuity of Landsat
data, which shall include consideration of a low-cost con-
stellation of small satellites.
SEC. 304. ASSESSMENT OF SCIENCE MISSION EXTENSIONS.
(a) ASSESSMENT.—The Administrator shall carry out biennial
reviews within each of the Science divisions to assess the cost
and benefits of extending the date of the termination of data collec-
tion for those missions that have exceeded their planned mission
lifetime. In addition—
(1) not later than 60 days after the date of enactment
of this Act, the Administrator shall carry out such an assess-
ment for at least the following missions: FAST, TIMED, Cluster,
Wind, Geotail, Polar, TRACE, Ulysses, and Voyager; and
(2) for those missions that have an operational component,
the National Oceanic and Atmospheric Administration or any
other affected agency shall be consulted and the potential bene-
fits of instruments on missions that are beyond their planned
mission lifetime taken into account.
(b) REPORT.—Not later than 30 days after completing each
assessment required by subsection (a)(1), the Administrator shall
transmit a report on the assessment to the Committee on Science
of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate.
SEC. 305. MICROGRAVITY RESEARCH.
The Administrator shall—
(1) transmit the report required by section 506;
(2) ensure the capacity to support ground-based research
leading to space-based basic and applied scientific research
in a variety of disciplines with potential direct national benefits
and applications that can be advanced significantly from the
uniqueness of microgravity and the space environment; and
(3) carry out, to the maximum extent practicable, basic,
applied, and commercial ISS research in fields such as molec-
ular crystal growth, animal research, basic fluid physics,
combustion research, cellular biotechnology, low-temperature
physics, and cellular research at a level that will sustain the
existing United States scientific expertise and research capa-
bility in microgravity research.
Reports.
42 USC 16655.
Deadline.
42 USC 16654.
Deadlines.
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SEC. 306. COORDINATION WITH THE NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION.
(a) JOINT
WORKING
GROUP.—The Administrator and the
Administrator of the National Oceanic and Atmospheric Administra-
tion shall appoint a Joint Working Group, which shall review and
monitor missions of the two agencies to ensure maximum coordina-
tion in the design, operation, and transition of missions where
appropriate. The Joint Working Group shall also prepare the plans
required by subsection (c).
(b) COORDINATION REPORT.—Not later than February 15 of
each year, beginning with the first fiscal year after the date of
enactment of this Act, the Administrator and the Administrator
of the National Oceanic and Atmospheric Administration shall
jointly transmit a report to the Committee on Science of the House
of Representatives and the Committee 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 and in consulta-
tion with other relevant agencies, shall evaluate relevant NASA
science missions for their potential operational capabilities and
shall prepare transition plans for the existing and future Earth
observing systems found to have potential operational capabilities.
(d) LIMITATION.—The Administrator shall not transfer any
NASA earth science mission or Earth observing system to the
National Oceanic and Atmospheric Administration until the plan
required under subsection (c) has been approved by the Adminis-
trator and the Administrator of the National Oceanic and
Atmospheric Administration and until financial resources have been
identified to support the transition or transfer in the President’s
budget request for the National Oceanic and Atmospheric Adminis-
tration.
SEC. 307. REVIEW AND REPORT ON HEADQUARTERS EARTH-SUN
SYSTEM APPLIED SCIENCES PROGRAM.
(a) REVIEW.—The Administrator shall review the policies, proc-
esses, and procedures in the planning and management of applica-
tions research and development implemented in calendar years
2001 to 2005 within the Headquarters Earth-Sun System Applied
Sciences Program and former Earth Science Applications Program.
This review shall include—
(1) the program planning and analysis process used to
formulate applied science research and development require-
ments, priorities, and solicitation schedules, including changes
to the process within the period under review, and the effects
of such planning on the quality and clarity of applied sciences
research announcements;
(2) the peer review process including, but not limited to—
(A) membership selection, determination of qualifica-
tions, and use of NASA and non-NASA reviewers;
(B) management of conflicts of interest, including
reviewers funded by the program with a significant con-
sulting or contractual relationship with NASA, and individ-
uals who both review proposals and participate in the
42 USC 16657.
Establishment.
42 USC 16656.
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119 STAT. 2920
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submission of proposals under the same solicitation
announcement; and
(C) compensation of non-NASA proposal reviewers;
(3) the process for assigning or allocating applied research
to NASA researchers and to non-NASA researchers; and
(4) alternative models for NASA planning and management
of applied science and applications research, including an
evaluation of the relevance for NASA of—
(A) National Institutes of Health intramural and extra-
mural research program structure, peer review process,
management of conflicts of interests, compensation of
reviewers, and the effects of compensation on reviewer
efficiency and quality;
(B) Department of Agriculture Cooperative State
Research Education and Extension Service program and
structure, peer review process, management of conflicts
of interest, compensation of reviewers, and the effects of
compensation on reviewer efficiency and quality;
(C) National Institutes of Health and Department of
Agriculture best practices in the planning, selection, and
management of applied sciences research and development;
and
(D) any other relevant models.
(b) REPORT.—Not later than 1 year after the date of enactment
of this Act, the Administrator shall transmit a report to the Com-
mittee on Science of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the Senate
describing the results of the review conducted under subsection
(a). The report shall include a plan to ensure that the peer review
process is transparent and selects proposals in a manner that
instills public and stakeholder confidence.
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 platforms 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 Edu-
cation Act of 1965 (20 U.S.C. 1001(a)).
SEC. 312. GENERAL RESPONSIBILITIES.
The Administrator shall—
(1) develop a sustained relationship with the United States
commercial remote sensing industry and, consistent with
applicable policies and law, to the maximum practicable, rely
on their services; and
(2) in conjunction with United States industry and univer-
sities, research, develop, and demonstrate prototype earth
science applications to enhance Federal, State, local, and tribal
governments’ use of government and commercial remote sensing
42 USC 16672.
42 USC 16671.
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119 STAT. 2921
PUBLIC LAW 109–155—DEC. 30, 2005
data, technologies, and other sources of geospatial information
for improved decision support to address their needs.
SEC. 313. PILOT PROJECTS TO ENCOURAGE PUBLIC SECTOR APPLICA-
TIONS.
(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 sec-
tion, the Administrator shall give preference to projects that—
(1) make use of commercial data sets, including high resolu-
tion commercial satellite imagery and derived 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 information,
such as geographic information system data, satellite-provided
positioning data, and remotely sensed data, in innovative ways;
(3) include funds or in-kind contributions from non-Federal
sources;
(4) involve the participation of commercial entities 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
(5) taken together demonstrate as diverse a set of public
sector applications as possible.
(c) OPPORTUNITIES.—In carrying out this section, the Adminis-
trator shall seek opportunities to assist—
(1) in the development of commercial applications poten-
tially available from the remote sensing industry; and
(2) State, local, regional, and tribal agencies in applying
remote sensing and other geospatial information 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 subsection (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 completion of the pilot
project, conduct at least one workshop for potential users to dissemi-
nate the lessons learned from the pilot project as widely as feasible.
(g) REGULATIONS.—The Administrator shall issue regulations
establishing application, selection, and implementation procedures
for pilot projects, and guidelines for reports and workshops required
by this section.
SEC. 314. PROGRAM EVALUATION.
(a) ADVISORY COMMITTEE.—The Administrator shall establish
an advisory committee, consisting of individuals with appropriate
expertise in State, local, regional, and tribal agencies, the university
research community, and the remote sensing and other geospatial
information industries, to monitor the program established under
section 313. The advisory committee shall consult with the Federal
Geographic Data Committee and other appropriate industry rep-
resentatives and organizations. Notwithstanding section 14 of the
Establishment.
42 USC 16674.
Deadline.
Grants.
42 USC 16673.
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Federal Advisory Committee Act, the advisory committee estab-
lished under this subsection shall remain in effect until the termi-
nation of the program under section 313.
(b) EFFECTIVENESS EVALUATION.—Not later than December 31,
2009, the Administrator shall transmit to the Congress an evalua-
tion of the effectiveness of the program established under section
313 in exploring and promoting 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.
SEC. 315. DATA AVAILABILITY.
The Administrator shall ensure that the results of each of
the pilot projects completed under section 313 shall be retrievable
through an electronic, Internet-accessible database.
SEC. 316. EDUCATION.
The Administrator shall establish an educational outreach pro-
gram 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
and awareness of the need for geospatial workforce development.
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 credible 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.
(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 discov-
ered 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 detecting and
characterizing the hazards of near-Earth objects are not suffi-
cient to fully determine the threat posed by such objects to
cause widespread destruction 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 than 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
140 meters in diameter in order to assess the threat of such
near-Earth objects to the Earth. It shall be the goal of the
George E. Brown,
Jr. Near-Earth
Object Survey
Act.
42 USC 16691.
42 USC 16676.
42 USC 16675.
Deadline.
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Survey program to achieve 90 percent completion of its near-
Earth object catalogue (based on statistically predicted popu-
lations of near-Earth objects) within 15 years after the date
of enactment of this Act.
(2) AMENDMENTS.—Section 102 of the National Aeronautics
and Space Act of 1958 (42 U.S.C. 2451) is amended—
(A) by redesignating subsection (g) as subsection (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 Administration be directed to
detecting, tracking, cataloguing, and characterizing near-Earth
asteroids and comets in order to provide warning and mitigation
of the potential hazard of such near-Earth objects to the Earth.’’;
and
(C) in subsection (h), as so redesignated by subpara-
graph (A) of this paragraph, by striking ‘‘and (f)’’ and
inserting ‘‘(f), and (g)’’.
(3) FIFTH-YEAR REPORT.—The Administrator shall transmit
to the Congress, not later than February 28 of the fifth year
after the date of enactment of this Act, a report that provides
the following:
(A) A summary of all activities taken pursuant to
paragraph (1) since the date of enactment of this Act.
(B) A summary of expenditures for all activities pursu-
ant to paragraph (1) since the date of enactment of this
Act.
(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 pursuant to the rec-
ommended option.
(C) Analysis of possible alternatives that NASA could
employ to divert an object on a likely collision course with
Earth.
TITLE IV—AERONAUTICS
SEC. 401. DEFINITION.
For purposes of this title, the term ‘‘institution of higher edu-
cation’’ has the meaning given that term by section 101 of the
Higher Education Act of 1965 (20 U.S.C. 1001).
Subtitle A—Governmental Interest in
Aeronautics Research and Development
SEC. 411. GOVERNMENTAL INTEREST.
Congress reaffirms the national commitment to aeronautics
research made in the National Aeronautics and Space Act of 1958.
42 USC 16711.
42 USC 16701.
Deadline.
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Aeronautics research and development remains a core mission of
NASA. NASA is the lead agency for civil aeronautics research.
Further, the government of the United States shall promote aero-
nautics research and development that will expand the capacity,
ensure the safety, and increase the efficiency of the Nation’s air
transportation system, promote the security of the Nation, protect
the environment, and retain the leadership of the United States
in global aviation.
Subtitle B—High Priority Aeronautics
Research and Development Programs
SEC. 421. FUNDAMENTAL RESEARCH PROGRAM.
(a) OBJECTIVE.—In order to ensure that the Nation maintains
needed capabilities in fundamental areas of aeronautics research,
the Administrator shall establish a program of long-term funda-
mental research in aeronautical sciences and technologies that is
not tied to specific development projects.
(b) OPERATION.—The Administrator shall conduct the program
under this section, in part by awarding grants to institutions of
higher education. The Administrator shall encourage the participa-
tion of institutions of higher education located in States that partici-
pate in the Experimental Program to Stimulate Competitive
Research. All grants to institutions of higher education under this
section shall be awarded through merit review.
(c) ASSESSMENT.—The Administrator shall enter into an
arrangement with the National Research Council for an assessment
of the Nation’s future requirements for fundamental aeronautics
research and whether the Nation will have a skilled research
workforce and research facilities commensurate with those require-
ments. The assessment shall include an identification of any pro-
jected gaps, and recommendations for what steps should be taken
by the Federal Government to eliminate those gaps.
(d) REPORT.—The Administrator shall transmit the assessment,
along with NASA’s response to the assessment, to Congress not
later than 2 years after the date of enactment of this Act.
SEC. 422. RESEARCH AND TECHNOLOGY PROGRAMS.
(a) ENVIRONMENTAL AIRCRAFT RESEARCH AND DEVELOPMENT.—
The Administrator may establish an initiative with the objective
of developing, and demonstrating in a relevant environment, tech-
nologies to enable the following commercial aircraft performance
characteristics:
(1) NOISE.—Noise levels on takeoff and on airport approach
and landing that do not exceed ambient noise levels in the
absence of flight operations in the vicinity of airports from
which such commercial aircraft would normally operate.
(2) ENERGY CONSUMPTION.—Twenty-five percent reduction
in the energy required for medium- to long-range flights, com-
pared to aircraft in commercial service as of the date of enact-
ment of this Act.
(3) EMISSIONS.—Nitrogen oxides on take-off and landing
that are significantly reduced, without adversely affecting
hydrocarbons and smoke, relative to aircraft in commercial
service as of the date of enactment of this Act.
42 USC 16722.
Grants.
42 USC 16721.
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(b) SUPERSONIC TRANSPORT RESEARCH AND DEVELOPMENT.—
The Administrator may establish an initiative with the objective
of developing and demonstrating, in a relevant environment, air-
frame and propulsion technologies to enable efficient, economical
overland flight of supersonic civil transport aircraft with no signifi-
cant impact on the environment.
(c) 
ROTORCRAFT
AND
OTHER
RUNWAY-INDEPENDENT
AIR
VEHICLES.—The Administrator may establish a rotorcraft and other
runway-independent air vehicles initiative with the objective of
developing and demonstrating improved safety, noise, and environ-
mental impact in a relevant environment.
(d) HYPERSONICS RESEARCH.—The Administrator may establish
a hypersonics research program with the objective of exploring
the science and technology of hypersonic flight using air-breathing
propulsion concepts, through a mix of theoretical work, basic and
applied research, and development of flight research demonstration
vehicles. The program may also include the transition to the
hypersonic range of Mach 3 to Mach 5.
(e) REVOLUTIONARY AERONAUTICAL CONCEPTS.—The Adminis-
trator may establish a research program which covers a unique
range of subsonic, fixed wing vehicles and propulsion concepts.
This research is intended to push technology barriers beyond cur-
rent subsonic technology. Propulsion concepts include advanced
materials, morphing engines, hybrid engines, and fuel cells.
(f) FUEL CELL-POWERED AIRCRAFT RESEARCH.—
(1) OBJECTIVE.—The Administrator may establish a fuel-
cell powered aircraft research program whose objective shall
be to develop and test concepts to enable a hydrogen fuel
cell-powered aircraft that would have no hydrocarbon or
nitrogen oxide emissions into the environment.
(2) APPROACH.—The Administrator may establish a pro-
gram of competitively awarded grants available to teams of
researchers that may include the participation of individuals
from universities, industry, and government for the conduct
of this research.
(g) MARS AIRCRAFT RESEARCH.—
(1) OBJECTIVE.—The Administrator may establish a Mars
Aircraft project whose objective shall be to develop and test
concepts for an uncrewed aircraft that could operate for sus-
tained periods in the atmosphere of Mars.
(2) APPROACH.—The Administrator may establish a pro-
gram of competitively awarded grants available to teams of
researchers that may include the participation of individuals
from universities, industry, and government for the conduct
of this research.
SEC. 423. AIRSPACE SYSTEMS RESEARCH.
(a) OBJECTIVE.—The Airspace Systems Research program shall
pursue research and development to enable revolutionary improve-
ments to and modernization of the National Airspace System, as
well as to enable the introduction of new systems for vehicles
that can take advantage of an improved, modern air transportation
system.
(b) ALIGNMENT.—Not later than 1 year after the date of enact-
ment of this Act, the Administrator shall align the projects of
Deadline.
42 USC 16723.
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the Airspace Systems Research program so that they directly sup-
port the objectives of the Joint Planning and Development Office’s
Next Generation Air Transportation System Integrated Plan.
SEC. 424. AVIATION SAFETY AND SECURITY RESEARCH.
(a) OBJECTIVE.—The Aviation Safety and Security Research
program shall pursue research and development activities that
directly address the safety and security needs of the National Air-
space System and the aircraft that fly in it. The program shall
develop prevention, intervention, and mitigation technologies aimed
at causal, contributory, or circumstantial factors of aviation
accidents.
(b) ALIGNMENT.—Not later than 1 year after the date of enact-
ment of this Act, the Administrator shall align the projects of
the Aviation Safety and Security Research program so that they
directly support the objectives of the Joint Planning and Develop-
ment 
Office’s 
Next 
Generation 
Air 
Transportation 
System
Integrated Plan.
SEC. 425. AVIATION WEATHER RESEARCH.
The Administrator may carry out a program of collaborative
research with the National Oceanic and Atmospheric Administra-
tion on convective weather events, with the goal of significantly
improving the reliability of 2-hour to 6-hour aviation weather fore-
casts.
SEC. 426. ASSESSMENT OF WAKE TURBULENCE RESEARCH AND
DEVELOPMENT PROGRAM.
(a) ASSESSMENT.—The Administrator shall enter into an
arrangement with the National Research Council for an assessment
of Federal wake turbulence research and development programs.
The assessment shall address at least the following questions:
(1) Are the Federal research and development goals and
objectives well defined?
(2) Are there any deficiencies in the Federal research and
development goals and objectives?
(3) What roles should be played by each of the relevant
Federal agencies, such as NASA, the Federal Aviation Adminis-
tration, and the National Oceanic and Atmospheric Administra-
tion, in wake turbulence research and development?
(b) REPORT.—A report containing the results of the assessment
conducted pursuant to subsection (a) shall be provided to Congress
not later than 2 years after the date of enactment of this Act.
SEC. 427. UNIVERSITY-BASED CENTERS FOR RESEARCH ON AVIATION
TRAINING.
(a) IN GENERAL.—The Administrator may award grants to
institutions of higher education (or consortia thereof) to establish
one or more Centers for Research on Aviation Training under
cooperative agreements with appropriate NASA Centers.
(b) PURPOSE.—The purpose of the Centers shall be to inves-
tigate the impact of new technologies and procedures, particularly
those related to the aircraft flight deck and to the air traffic manage-
ment functions, on training requirements for pilots and air traffic
controllers.
(c) APPLICATION.—An institution of higher education (or a
consortium of such institutions) seeking funding under this section
shall submit an application to the Administrator at such time,
42 USC 16727.
42 USC 16726.
42 USC 16725.
Deadline.
42 USC 16724.
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in such manner, and containing such information as the Adminis-
trator may require, including, at a minimum, a 5-year research
plan.
(d) AWARD DURATION.—An award made by the Administrator
under this section shall be for a period of 5 years and may be
renewed on the basis of—
(1) satisfactory performance in meeting the goals of the
research plan proposed by the Center in its application under
subsection (c); and
(2) other requirements as specified by the Administrator.
Subtitle C—Scholarships
SEC. 431. NASA AERONAUTICS SCHOLARSHIPS.
(a) ESTABLISHMENT.—The Administrator shall establish a pro-
gram of scholarships for full-time graduate students who are United
States citizens and are enrolled in, or have been accepted by and
have indicated their intention to enroll in, accredited Masters degree
programs in aeronautical engineering or equivalent programs at
institutions of higher education. Each such scholarship shall cover
the costs of room, board, tuition, and fees, and may be provided
for a maximum of 2 years.
(b) IMPLEMENTATION.—Not later than 180 days after the date
of enactment of this Act, the Administrator shall publish regulations
governing the scholarship program under this section.
(c) COOPERATIVE
TRAINING
OPPORTUNITIES.—Students who
have been awarded a scholarship under this section shall have
the opportunity for paid employment at one of the NASA Centers
engaged in aeronautics research and development during the
summer prior to the first year of the student’s Masters program,
and between the first and second year, if applicable.
Subtitle D—Data Requests
SEC. 441. AVIATION DATA REQUESTS.
The Administrator shall make available upon request satellite
imagery and aerial photography of remote terrain that NASA owns
at the time of the request to the Administrator of the Federal
Aviation Administration, or the Director of the Five Star Medallion
Program, to assist and train pilots in navigating challenging topo-
graphical features of such terrain.
TITLE V—HUMAN SPACE FLIGHT
SEC. 501. SPACE SHUTTLE FOLLOW-ON.
(a) POLICY STATEMENT.—It is the policy of the United States
to possess the capability for human access to space on a continuous
basis.
(b) PROGRESS REPORT.—Not later than 180 days after the date
of enactment of this Act and annually thereafter, the Administrator
shall transmit a report to the Committee on Science of the House
of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate describing the progress being made
toward developing the Crew Exploration Vehicle and the Crew
42 USC 16761.
42 USC 16751.
Deadline.
Publication.
Regulations.
42 USC 16741.
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119 STAT. 2928
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Launch Vehicle and the estimated time before they will demonstrate
crewed, orbital spaceflight.
(c) COMPLIANCE REPORT.—If, 1 year before the final planned
flight of the Space Shuttle orbiter, the United States has not dem-
onstrated a replacement human space flight system, and the United
States cannot uphold the policy described in subsection (a), the
Administrator shall transmit a report to the Committee on Science
of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate describing—
(1) strategic risks to the United States associated with
the failure to uphold the policy described in subsection (a);
(2) the estimated length of time during which the United
States will not have its own human access to space;
(3) what steps will be taken to shorten that length of
time; and
(4) what other means will be used to allow human access
to space during that time.
SEC. 502. TRANSITION.
(a) IN GENERAL.—The Administrator shall, to the fullest extent
possible consistent with a successful development program, use
the personnel, capabilities, assets, and infrastructure of the Space
Shuttle program in developing the Crew Exploration Vehicle, Crew
Launch Vehicle, and a heavy-lift launch vehicle.
(b) PLAN.—Not later than 180 days after the date of enactment
of this Act, 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 plan
describing how NASA will proceed with its human space flight
programs, which, at a minimum, shall describe—
(1) how NASA will deploy personnel from, and use the
facilities of, the Space Shuttle program to ensure that the
Space Shuttle operates as safely as possible through its final
flight and to ensure that personnel and facilities from the
Space Shuttle program are used in NASA’s exploration pro-
grams in accordance with subsection (a);
(2) the planned number of flights the Space Shuttle will
make before its retirement;
(3) the means, other than the Space Shuttle and the Crew
Exploration Vehicle, including commercial vehicles, that may
be used to ferry crew and cargo to and from the ISS;
(4) the intended purpose of lunar missions and the architec-
ture for those missions; and
(5) the extent to which the Crew Exploration Vehicle will
allow for the escape of the crew in an emergency.
(c) PERSONNEL.—The Administrator shall consult with other
appropriate Federal agencies and with NASA contractors and
employees to develop a transition plan for any Federal and con-
tractor personnel engaged in the Space Shuttle program who can
no longer be retained because of the retirement of the Space Shuttle.
The plan shall include actions to assist Federal and contractor
personnel in taking 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 complement of employees to allow for the
safest possible use of the Space Shuttle through its final flight.
Deadline.
42 USC 16762.
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The Administrator 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 March 31, 2006.
SEC. 503. REQUIREMENTS.
The Administrator shall—
(1) construct an architecture and implementation plan for
NASA’s human exploration program that is not critically
dependent on the achievement of milestones by fixed dates;
(2) implement an exploration technology development pro-
gram to enable lunar human and robotic operations consistent
with section 101(b)(2), including surface power to use on the
Moon and other locations;
(3) conduct an in-situ resource utilization technology pro-
gram to develop the capability to use space resources to increase
independence from Earth, and sustain exploration beyond low-
Earth orbit; and
(4) pursue aggressively automated rendezvous and docking
capabilities that can support the ISS and other mission require-
ments.
SEC. 504. GROUND-BASED ANALOG CAPABILITIES.
(a) IN GENERAL.—The Administrator may establish a ground-
based analog capability in remote United States locations in order
to assist in the development of lunar operations, life support, and
in-situ resource utilization experience and capabilities.
(b) ENVIRONMENTAL
CHARACTERISTICS.—The Administrator
shall select locations for the activities described in subsection (a)
that—
(1) are regularly accessible;
(2) have significant temperature extremes and range; and
(3) have access to energy and natural resources (including
geothermal, permafrost, volcanic, or other potential resources).
(c) INVOLVEMENT
OF LOCAL POPULATIONS; PRIVATE SECTOR
PARTNERS.—In carrying out this section, the Administrator shall
involve local populations, academia, and industrial partners as
much as possible to ensure that ground-based benefits and applica-
tions are encouraged and developed.
SEC. 505. ISS COMPLETION.
(a) POLICY.—It is the policy of the United States to achieve
diverse and growing utilization of, and benefits from, the ISS.
(b) ELEMENTS, CAPABILITIES, AND CONFIGURATION CRITERIA.—
The Administrator shall ensure that the ISS will—
(1) be assembled and operated in a manner that fulfills
international partner agreements, as long as the Administrator
determines that the Shuttle can safely enable the United States
to do so;
(2) be used for a diverse range of microgravity research,
including fundamental, applied, and commercial research, con-
sistent with section 305;
(3) have an ability to support a crew size of at least 6
persons, unless the Administrator transmits to the Committee
on Science of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate not
later than 60 days after the date of enactment of this Act,
a report explaining why such a requirement should not be
42 USC 16765.
42 USC 16764.
42 USC 16763.
Deadline.
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met, the impact of not meeting the requirement on the ISS
research agenda and operations and international partner
agreements, and what additional funding or other steps would
be required to have an ability to support crew size of at least
6 persons;
(4) support Crew Exploration Vehicle docking and auto-
mated docking of cargo vehicles or modules launched by either
heavy-lift or commercially-developed launch vehicles;
(5) support any diagnostic human research, 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 analyzed to Earth; and
(6) be operated at an appropriate risk level.
(c) CONTINGENCIES.—
(1) POLICY.—The Administrator shall ensure that the ISS
can have available, if needed, sufficient logistics and on-orbit
capabilities to support any potential period during which the
Space Shuttle or its follow-on crew and cargo systems are
unavailable, and can have available, if needed, sufficient surge
delivery capability or prepositioning of spares and other sup-
plies needed to accommodate any such hiatus.
(2) PLAN.—Not later than 60 days after the date of enact-
ment of this Act, and before making any change in the ISS
assembly sequence in effect on the date of enactment of this
Act, 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
plan to carry out the policy described in paragraph (1).
SEC. 506. ISS RESEARCH.
The Administrator shall—
(1) carry out a program of microgravity research consistent
with section 305;
(2) consider the need for a life sciences centrifuge and
any associated holding facilities; and
(3) not later than 90 days after the date of enactment
of this Act, transmit to the Committee on Science of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate the research plan for NASA
utilization of the ISS and the proposed final configuration of
the ISS, which shall include an identification of microgravity
research that can be performed in ground-based facilities and
then validated in space and an assessment of the impact of
having or not having a life science centrifuge aboard the ISS.
SEC. 507. NATIONAL LABORATORY DESIGNATION.
(a) DESIGNATION.—To further the policy described in section
501(a), the United States segment of the ISS is hereby designated
a national laboratory.
(b) MANAGEMENT.—
(1) PARTNERSHIPS.—The Administrator shall seek to
increase the utilization of the ISS by other Federal entities
and the private sector through partnerships, cost-sharing agree-
ments, and other arrangements that would supplement NASA
funding of the ISS.
(2) CONTRACTING.—The Administrator may enter into a
contract with a nongovernmental entity to operate the ISS
42 USC 16767.
Deadline.
42 USC 16766.
Deadline.
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119 STAT. 2931
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national laboratory, subject to all applicable Federal laws and
regulations.
(c) PLAN.—Not later than 1 year after the date of enactment
of this Act, 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 plan
describing how the national laboratory will be operated. At a min-
imum, the plan shall describe—
(1) any changes in the research plan transmitted under
section 506(3) and any other changes in the operation of the
ISS resulting from the designation;
(2) any ground-based NASA operations or buildings that
will be considered part of the national laboratory;
(3) the management structure for the laboratory, including
the rationale for contracting or not contracting with a non-
governmental entity to operate the ISS national laboratory;
(4) the workforce that will be considered employees of the
national laboratory;
(5) how NASA will seek the participation of other parties
described in subsection (b)(1); and
(6) a schedule for implementing any changes in ISS oper-
ations, utilization, or management described in the plan.
(d) UNITED STATES SEGMENT DEFINED.—In this section the
term ‘‘United States segment of the ISS’’ means those elements
of the ISS manufactured—
(1) by the United States; or
(2) for the United States by other nations in exchange
for funds or launch services.
TITLE VI—OTHER PROGRAM AREAS
Subtitle A—Space and Flight Support
SEC. 601. ORBITAL DEBRIS.
The Administrator, in conjunction with the heads of other Fed-
eral agencies, shall take steps to develop or acquire technologies
that will enable NASA to decrease the risks associated with orbital
debris.
SEC. 602. SECONDARY PAYLOAD CAPABILITY.
(a) IN GENERAL.—In order to provide more routine and afford-
able access to space for a broad range of scientific payloads, the
Administrator is encouraged to provide the capabilities to support
secondary payload flight opportunities on United States launch
vehicles, or free flyers, for satellites or scientific payloads weighing
less than 500 kilograms.
(b) FEASIBILITY STUDY.—The Administrator shall initiate a fea-
sibility study for designating a National Free Flyer Launch
Coordination Center as a means of coordinating, consolidating, and
integrating secondary launch capabilities, launch opportunities, and
payloads.
(c) ASSESSMENT.—The feasibility study required by subsection
(b) shall include an assessment of the feasibility of integrating
a National Free Flyer Launch Coordination Center within the oper-
ations and facilities of an existing nonprofit organization such as
the Inland Northwest Space Alliance in Missoula, Montana, or
42 USC 16782.
42 USC 16781.
Deadline.
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a similar entity, and shall include an assessment of the potential
utilization of existing launch and launch support facilities and
capabilities, including but not limited to those in the States of
Montana and New Mexico and their respective contiguous States,
and the State of Alaska, for the integration and launch of secondary
payloads, including an assessment of the feasibility of establishing
cooperative agreements among such facilities, existing or future
commercial launch providers, payload developers, and the des-
ignated Coordination Center.
Subtitle B—Education
SEC. 611. INSTITUTIONS IN NASA’S MINORITY INSTITUTIONS PRO-
GRAM.
The matter appearing under the heading ‘‘NATIONAL
AERO-
NAUTICS AND SPACE ADMINISTRATION, SMALL AND DISADVANTAGED
BUSINESS’’ in title III of the Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appro-
priations Act, 1990 (42 U.S.C. 2473b; 103 Stat. 863) is amended
by striking ‘‘Historically Black Colleges and Universities and’’ and
inserting ‘‘Historically Black Colleges and Universities that are
part B institutions (as defined in section 322(2) of the Higher
Education Act of 1965 (20 U.S.C. 1061(2))), Hispanic-serving institu-
tions (as defined in section 502(a)(5) of that Act (20 U.S.C.
1101a(a)(5))), Tribal Colleges or Universities (as defined in section
316(b)(3) of that Act (20 U.S.C. 1059c(b)(3))), Alaskan Native-serving
institutions (as defined in section 317(b)(2) of that Act (20 U.S.C.
1059d)(b)(2))), Native Hawaiian-serving institutions (as defined in
section 317(b)(4) of that Act (20 U.S.C. 1059d(b)(4))), and’’.
SEC. 612. PROGRAM TO EXPAND DISTANCE LEARNING IN RURAL
UNDERSERVED AREAS.
(a) IN GENERAL.—The Administrator shall develop or expand
programs to extend science and space educational outreach to rural
communities and schools through video conferencing, interpretive
exhibits, teacher education, classroom presentations, and student
field trips.
(b) PRIORITIES.—In carrying out subsection (a), the Adminis-
trator shall give priority to existing programs, including Challenger
Learning Centers—
(1) that utilize community-based partnerships in the field;
(2) that build and maintain video conference and exhibit
capacity;
(3) that travel directly to rural communities and serve
low-income populations; and
(4) with a special emphasis on increasing the number of
women and minorities in the science and engineering profes-
sions.
SEC. 613. CHARLES ‘‘PETE’’ CONRAD ASTRONOMY AWARDS.
(a) SHORT TITLE.—This section may be cited as the ‘‘Charles
‘Pete’ Conrad Astronomy Awards Act’’.
(b) DEFINITIONS.—For the purposes of this section—
(1) the term ‘‘amateur astronomer’’ means an individual
whose employer does not provide any funding, payment, or
compensation to the individual for the observation of asteroids
Charles ‘‘Pete’’
Conrad
Astronomy
Awards Act.
42 USC 16792.
42 USC 16791.
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and other celestial bodies, and does not include any individual
employed as a professional astronomer;
(2) the term ‘‘Minor Planet Center’’ means the Minor Planet
Center of the Smithsonian Astrophysical Observatory;
(3) the term ‘‘near-Earth asteroid’’ means an asteroid with
a perihelion distance of less than 1.3 Astronomical Units from
the Sun; and
(4) the term ‘‘Program’’ means the Charles ‘‘Pete’’ Conrad
Astronomy Awards Program established under subsection (c).
(c) PETE CONRAD ASTRONOMY AWARD PROGRAM.—
(1) IN
GENERAL.—The Administrator shall establish the
Charles ‘‘Pete’’ Conrad Astronomy Awards Program.
(2) AWARDS.—The Administrator shall make awards under
the Program based on the recommendations of the Minor Planet
Center.
(3) AWARD CATEGORIES.—The Administrator shall make one
annual award, unless there are no eligible discoveries or con-
tributions, for each of the following categories:
(A) The amateur astronomer or group of amateur
astronomers who in the preceding calendar year discovered
the intrinsically brightest near-Earth asteroid among the
near-Earth asteroids that were discovered during that year
by amateur astronomers or groups of amateur astronomers.
(B) The amateur astronomer or group of amateur
astronomers who made the greatest contribution to the
Minor Planet Center’s mission of cataloguing near-Earth
asteroids during the preceding year.
(4) AWARD AMOUNT.—An award under the Program shall
be in the amount of $3,000.
(5) GUIDELINES.—(A) No individual who is not a citizen
or permanent resident of the United States at the time of
his discovery or contribution may receive an award under this
section.
(B) The decisions of the Administrator in making
awards under this section are final.
SEC. 614. REVIEW OF EDUCATION PROGRAMS.
(a) IN
GENERAL.—The Administrator shall enter into an
arrangement with the National Research Council of the National
Academy of Sciences to conduct a review and evaluation of NASA’s
precollege science, technology, and mathematics education program.
The review and evaluation shall be documented in a report to
the Administrator and shall include such recommendations as the
National Research Council determines will improve the effectiveness
of the program.
(b) REVIEW.—The review and evaluation under subsection (a)
shall include—
(1) an evaluation of the effectiveness of the overall program
in meeting its defined goals and objectives;
(2) an assessment of the quality and educational effective-
ness of the major components of the program, including an
evaluation of the adequacy of assessment metrics and data
collection requirements available for determining the effective-
ness of individual projects;
(3) an evaluation of the funding priorities in the program,
including a review of the funding level and funding trend
for each major component of the program and an assessment
42 USC 16793.
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of whether the resources made available are consistent with
meeting identified goals and priorities; and
(4) a determination of the extent and the effectiveness
of coordination and collaboration between NASA and other
Federal agencies that sponsor science, technology, and mathe-
matics education activities.
(c) REPORT
TO CONGRESS.—Not later than 18 months after
the date of enactment of this Act, 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 the results of the review and evaluation required under
subsection (a).
SEC. 615. EQUAL ACCESS TO NASA’S EDUCATION PROGRAMS.
(a) IN GENERAL.—The Administrator shall strive to ensure
equal access for minority and economically disadvantaged students
to NASA’s education programs.
(b) REPORT.—Not later than 1 year after the date of enactment
of this Act, and every 2 years thereafter, the Administrator shall
submit a report to the Committee on Science of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate describing the efforts by the Adminis-
trator to ensure equal access for minority and economically dis-
advantaged students under this section and the results of such
efforts. As part of the report, the Administrator shall provide—
(1) data on minority participation in NASA’s education
programs, at a minimum in the following categories: elementary
and secondary education, undergraduate education, and grad-
uate education; and
(2) the total value of grants NASA made to Historically
Black Colleges and Universities and to Hispanic Serving
Institutions through education programs during the period cov-
ered by the report.
(c) PROGRAM.—The Administrator shall establish the Dr. Mae
C. Jemison Grant Program to work with Minority Serving Institu-
tions to bring more women of color into the field of space and
aeronautics.
SEC. 616. MUSEUMS.
The Administrator may provide grants to, and enter into
cooperative agreements with, museums and planetariums to enable
them to enhance programs related to space exploration, aeronautics,
space science, earth science, or microgravity.
SEC. 617. REVIEW OF MUST PROGRAM.
Not later than 60 days after the date of enactment of this
Act, the Administrator shall transmit a report to Congress on
the legal status of the Motivating Undergraduates in Science and
Technology program. If the report concludes that the program is
in compliance with the laws of the United States, NASA shall
implement the program, as planned in the July 5, 2005, NASA
Research Announcement.
SEC. 618. CONTINUATION OF CERTAIN EDUCATION PROGRAMS.
From amounts appropriated to NASA for education programs,
the Administrator shall ensure the continuation of the Space Grant
Program, the Experimental Program to Stimulate Competitive
Research, and, consistent with the results of the review under
42 USC 16797.
Deadline.
Reports.
42 USC 16796.
42 USC 16795.
42 USC 16794.
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section 614, the NASA Explorer School program, to motivate and
develop the next generation of explorers.
SEC. 619. IMPLEMENTATION OF PREVIOUS RECOMMENDATIONS.
(a) GAO REPORT.—Not more than 180 days after the date
of enactment of this Act, the Administrator shall transmit to the
Committee on Science of the House of Representatives and the
Committee of Commerce, Science, and Transportation of the Senate
a report describing action taken by NASA to implement the rec-
ommendations contained in the Government Accountability Office’s
Report No. 04–639.
(b) COMPLIANCE.—To comply with title IX of the Education
Amendments of 1972 (20 U.S.C. 1681 et seq.), the Administrator
shall conduct compliance reviews of at least 2 grantees annually.
Subtitle C—Technology Transfer
SEC. 621. COMMERCIAL TECHNOLOGY TRANSFER PROGRAM.
(a) IN GENERAL.—The Administrator shall execute a commercial
technology transfer program with the goal of facilitating the
exchange of services, products, and intellectual property between
NASA and the private sector. This program shall place at least
as much emphasis on encouraging the transfer of NASA technology
to the private sector (‘‘spinning out’’) as on encouraging use of
private sector technology by NASA. This program shall be main-
tained in a manner that provides clear benefits for the agency,
the domestic economy, and the research community.
(b) PROGRAM
STRUCTURE.—In carrying out the program
described in subsection (a), the Administrator shall provide program
participants with at least 45 days notice of any proposed changes
to the structure of NASA’s technology transfer and commercializa-
tion organizations that is in effect as of the date of enactment
of this Act.
TITLE VII—MISCELLANEOUS
PROVISIONS
Subtitle A—National Aeronautics and
Space Administration
SEC. 701. RETROCESSION OF JURISDICTION.
The National Aeronautics and Space Act of 1958 (42 U.S.C.
2451 et seq.) is amended by adding at the end of title III the
following new section:
‘‘RETROCESSION OF JURISDICTION
‘‘SEC. 316. (a) Notwithstanding any other provision of law,
the Administrator may relinquish to a State all or part of the
legislative jurisdiction of the United States over lands or interests
under the control of the Administrator in that State.
‘‘(b) For purposes of this section, the term ‘State’ means any
of the several States, the District of Columbia, the Commonwealth
of Puerto Rico, the United States Virgin Islands, Guam, American
42 USC 2459k.
Deadline.
Notice.
42 USC 16811.
42 USC 16798.
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Samoa, the Northern Mariana Islands, and any other common-
wealth, territory, or possession of the United States.’’.
SEC. 702. EXTENSION OF INDEMNIFICATION.
Section 309 of the National Aeronautics and Space Act of 1958
(42 U.S.C. 2458c) is amended in subsection (f)(1) by striking
‘‘December 31, 2002’’ and all that follows and inserting ‘‘December
31, 2010.’’.
SEC. 703. NASA SCHOLARSHIPS.
(a) AMENDMENTS.—Section 9809 of title 5, United States Code,
is amended—
(1) in subsection (a)(2) by striking ‘‘Act.’’ and inserting
‘‘Act (42 U.S.C. 1885a or 1885b).’’;
(2) in subsection (c) by striking ‘‘require.’’ and inserting
‘‘require to carry out this section.’’;
(3) in subsection (f)(1) by striking the last sentence; and
(4) in subsection (g)(2) by striking ‘‘Treasurer of the’’ and
all that follows through ‘‘by 3’’ and inserting ‘‘Treasurer of
the United States’’.
(b) REPEAL.—The Vision 100-Century of Aviation Reauthoriza-
tion Act is amended by striking section 703 (42 U.S.C. 2473e).
SEC. 704. INDEPENDENT COST ANALYSIS.
Section 301 of the National Aeronautics and Space Administra-
tion Authorization Act of 2000 (42 U.S.C. 2459g) is amended—
(1) by striking ‘‘Phase B’’ in subsection (a) and inserting
‘‘implementation’’;
(2) by striking ‘‘$150,000,000’’ and inserting ‘‘$250,000,000’’;
(3) by striking ‘‘Chief Financial Officer’’ each place it
appears in subsection (a) and inserting ‘‘Administrator’’;
(4) by inserting ‘‘and consider’’ in subsection (a) after ‘‘shall
conduct’’; and
(5) by striking subsection (b) and inserting the following:
‘‘(b) IMPLEMENTATION DEFINED.—In this section, the term
‘implementation’ means all activity in the life cycle of a project
after preliminary design, independent assessment of the prelimi-
nary design, and approval to proceed into implementation, including
critical design, development, certification, launch, operations, dis-
posal of assets, and, for technology programs, development, testing,
analysis, and communication of the results.’’.
SEC. 705. RECOVERY AND DISPOSITION AUTHORITY.
Title III of the National Aeronautics and Space Act of 1958,
as amended by section 701 of this Act, is further amended by
adding at the end the following:
‘‘SEC. 317. RECOVERY AND DISPOSITION AUTHORITY.
‘‘(a) IN GENERAL.—
‘‘(1) CONTROL OF REMAINS.—Subject to paragraphs (2) and
(3), when there is an accident or mishap resulting in the death
of a crewmember of a NASA human space flight vehicle, the
Administrator may take control over the remains of the crew-
member and order autopsies and other scientific or medical
tests.
42 USC 2459l.
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119 STAT. 2937
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‘‘(2) TREATMENT.—Each crewmember shall provide the
Administrator with his or her preferences regarding the treat-
ment accorded to his or her remains and the Administrator
shall, to the extent possible, respect those stated preferences.
‘‘(3) CONSTRUCTION.—This section shall not be construed
to permit the Administrator to interfere with any Federal inves-
tigation of a mishap or accident.
‘‘(b) DEFINITIONS.—In this section:
‘‘(1) CREWMEMBER.—The term ‘crewmember’ means an
astronaut or other person assigned to a NASA human space
flight vehicle.
‘‘(2) NASA HUMAN
SPACE
FLIGHT
VEHICLE.—The term
‘NASA human space flight vehicle’ means a space vehicle, as
defined in section 308(f)(1), that
‘‘(A) is intended to transport 1 or more persons;
‘‘(B) is designed to operate in outer space; and
‘‘(C) is either owned by NASA, or owned by a NASA
contractor or cooperating party and operated as part of
a NASA mission or a joint mission with NASA.’’.
SEC. 706. CHANGES TO EXISTING LAWS ON REPORTS.
(a) Section 201 of the National Aeronautics and Space Adminis-
tration Authorization Act of 2000 (42 U.S.C. 2451 note) is
amended—
(1) by striking ‘‘and not later than the first day of every
second month thereafter until October 1, 2006’’ and inserting
‘‘and semiannually thereafter until December 31, 2011’’; and
(2) by adding at the end the following: ‘‘Each such report
shall also identify each Russian entity or person to whom
NASA has, since the date of the enactment of the Iran Non-
proliferation Amendments Act of 2005, made a payment in
cash or in-kind for work to be performed or services to be
rendered under the Agreement Concerning Cooperation on the
Civil International Space Station, with annex, signed at Wash-
ington January 29, 1998, and entered into force March 27,
2001, or any protocol, agreement, memorandum of under-
standing, or contract related thereto. Each report shall include
the specific purpose of each payment made to each entity or
person identified in the report.’’.
(b) Section 304(b) of the Federal Aviation Administration
Research, Engineering, and Development Authorization Act of 1992
(49 U.S.C. 47508 note) is amended by striking ‘‘2000’’ and inserting
‘‘2010’’.
(c) Section 323 of the National Aeronautics and Space Adminis-
tration Authorization Act of 2000 is amended by striking subsection
(a).
SEC. 707. SMALL BUSINESS CONTRACTING.
(a) PLAN.—In consultation with the Small Business Administra-
tion, the Administrator shall develop a plan to maximize the number
and amount of contracts awarded to small business concerns (within
the meaning given that term in section 3 of the Small Business
Act (15 U.S.C. 632)) and to meet established contracting goals
for such concerns.
(b) PRIORITY.—The Administrator shall establish as a priority
meeting the contracting goals developed in conjunction with the
Small Business Administration to maximize the amount of prime
contracts, as measured in dollars, awarded in each fiscal year
42 USC 16821.
114 Stat. 1599.
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by NASA to small business concerns (within the meaning given
that term in section 3 of the Small Business Act (15 U.S.C. 632)).
SEC. 708. NASA HEALTHCARE PROGRAM.
The Administrator shall develop a plan to better understand
the longitudinal health effects of space flight on humans. In the
development of the plan, the Administrator shall consider the need
for the establishment of a lifetime healthcare program for NASA
astronauts and their families or other methods to obtain needed
health data from astronauts and retired astronauts.
SEC. 709. OFFSHORE PERFORMANCE OF CONTRACTS FOR THE
PROCUREMENT OF GOODS AND SERVICES.
The Administrator shall submit to Congress, not later than
120 days after the end of each fiscal year beginning with the
first fiscal year after the date of enactment of this Act, a report
on the contracts and subcontracts performed overseas and the
amount of purchases directly or indirectly by NASA from foreign
entities in that fiscal year. The report shall separately indicate—
(1) the contracts and subcontracts and their dollar values
for which the Administrator determines that essential goods
or services under the contract are available only from a source
outside the United States; and
(2) the items and their dollar values for which the Buy
American Act was waived pursuant to obligations of the United
States under international agreements.
SEC. 710. STUDY ON ENHANCED USE LEASING.
Not later than one year after the date of enactment of this
Act, the Comptroller General shall transmit to the Committee on
Science of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a review
of NASA’s enhanced use leasing pilot program established by section
315 of the National Aeronautics and Space Administration Act
of 1958 (42 U.S.C. 2459j). At a minimum the review shall analyze—
(1) the financial impact of the program, taking into account
revenue foregone by the United States, whether such revenue
would have been realized in the absence of the program, and
any revenue that accrued to NASA because of the program;
(2) the use and effectiveness of the program; and
(3) whether the arrangements made under the program
would have been made in the absence of the program.
Subtitle B—National Science Foundation
SEC. 721. DATA ON SPECIFIC FIELDS OF STUDY.
The National Science Foundation shall continue to collect statis-
tically reliable data on the field of degree of college-educated individ-
uals to fulfill obligations under section 4(j)(1) of the National Science
Foundation Act of 1950 (42 U.S.C. 1863(j)(1)) and the Science and
Engineering Equal Opportunities Act (42 U.S.C. 1885 et. seq.).
If the Director of the Foundation determines that there is a legal
impediment to the continued collection of this data, he shall inform
the Committee on Science of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the
Senate not later than 180 days after the date of enactment of
this Act.
Notice.
Deadline.
42 USC 16831.
Deadline.
42 USC 16824.
Deadline.
Reports.
42 USC 16823.
42 USC 16822.
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SEC. 722. NATIONAL SCIENCE FOUNDATION MAJOR RESEARCH EQUIP-
MENT AND FACILITIES.
(a) ASTRONOMICAL SCIENCES SENIOR REVIEW.—
(1) REVIEW.—The Director of the National Science Founda-
tion shall charge the Mathematical and Physical Sciences
Advisory Committee with conducting a review of the astronom-
ical facilities supported by the Foundation to determine the
appropriate balance between supporting the operation of
existing facilities and supporting the design, development, and
eventual operation of new facilities. The review shall rec-
ommend actions that would enable the Foundation to support
priorities recommended in the National Academy of Sciences
reports ‘‘Astronomy and Astrophysics in the New Millennium’’
and ‘‘Connecting Quarks with the Cosmos’’.
(2) TRANSMITTAL.—The Director shall transmit the review,
along with a schedule for implementing any recommendations
the Director accepts and an explanation for rejecting any rec-
ommendations, to the Committee on Science of the House of
Representatives and the Committee of Commerce, Science, and
Transportation of the Senate no later than June 30, 2006.
(b) PLAN FOR FUNDING DESIGN AND DEVELOPMENT FOR MAJOR
RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION PROJECTS.—
(1) IN
GENERAL.—The Director of the National Science
Foundation shall develop a plan to facilitate more thorough
design and development of facilities that can be considered
for funding through the Major Research Equipment and Facili-
ties Construction account.
(2) CONSIDERATIONS.—In developing the plan, the Director
shall consider—
(A) steps to encourage and ease cross-directorate
collaboration;
(B) ways to ensure that a Directorate that will eventu-
ally support the operation of a facility is fully committed
to that facility from the outset;
(C) providing funding for the design and development
of facilities from new sources within the Foundation; and
(D) ways to enable and encourage entities proposing
facilities projects to receive design and development
funding from nongovernmental sources.
(3) TRANSMITTAL.—No later than June 30, 2006, the
Director of the National Science Foundation shall transmit
to the Committee on Science of the House of Representatives
and the Committee on Commerce, Science, and Transportation
of the Senate the plan, along with a statement from the Director
describing how the plan addresses the considerations described
in paragraph (2).
Deadline.
Deadline.
42 USC 16832.
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TITLE VIII—TASK FORCE AND
COMMISSION
Subtitle A—International Space Station
Independent Safety Task Force
SEC. 801. ESTABLISHMENT OF TASK FORCE.
(a) ESTABLISHMENT.—The Administrator shall establish an
independent task force to review the International Space Station
program with the objective of discovering and assessing any
vulnerabilities of the International Space Station that could lead
to its destruction, compromise the health of its crew, or necessitate
its premature abandonment.
(b) DEADLINE FOR ESTABLISHMENT.—The Administrator shall
establish the independent task force within 60 days after the date
of enactment of this Act.
SEC. 802. TASKS OF THE TASK FORCE.
The independent task force established under section 801 shall,
to the extent possible, undertake the following tasks:
(1) Catalogue threats to and vulnerabilities of the ISS,
including design flaws, natural phenomena, computer software
or hardware flaws, sabotage or terrorist attack, number of
crewmembers, 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 recommendations
related to ISS safety.
(4) Prepare a report to the Administrator, Congress, and
the public.
SEC. 803. COMPOSITION OF THE TASK FORCE.
(a) EXTERNAL ORGANIZATIONS.—The independent task force
shall include at least one representative from each of the following
external organizations:
(1) The Aerospace Safety Advisory Panel.
(2) The Task Force on International Space Station Oper-
ational Readiness of the NASA Advisory Council, or its suc-
cessor.
(3) The Aeronautics and Space Engineering Board of the
National Research Council.
(b) INDEPENDENT ORGANIZATIONS WITHIN NASA.—The inde-
pendent task force shall also include at least the following individ-
uals from within NASA:
(1) NASA’s Chief Engineer.
(2) The head of the Independent Technical Authority.
(3) The head of the Safety and Mission Assurance Office.
(4) The head of the NASA Engineering and Safety Center.
SEC. 804. REPORTING REQUIREMENTS.
(a) INTERIM
REPORTS.—The independent task force may
transmit to the Administrator and Congress, and make concurrently
available to the public, interim reports containing such findings,
conclusions, and recommendations for corrective actions as have
been agreed to by a majority of the task force members.
Reports.
Public
information.
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(b) FINAL REPORT.—The task force shall transmit to the
Administrator and Congress, and make concurrently available to
the public, a final report containing such findings, conclusions,
and recommendations for corrective actions as have been agreed
to by a majority of task force members. Such report shall include
any minority views or opinions not reflected in the majority report.
(c) APPROVAL.—The independent task force shall not be required
to seek the approval of the contents of any of the reports submitted
under subsection (a) or (b) by the Administrator or by any person
designated by the Administrator prior to the submission of the
reports to the Administrator and Congress and to their being made
concurrently available to the public.
SEC. 805. SUNSET.
The independent task force established under this subtitle shall
transmit its final report to the Administrator and to Congress
and make it available to the public not later than 1 year after
the independent task force is established and shall cease to exist
after the transmittal.
Subtitle B—Human Space Flight
Independent Investigation Commission
SEC. 821. DEFINITIONS.
For purposes of this subtitle—
(1) the term ‘‘Commission’’ means a Commission estab-
lished under this title; and
(2) the term ‘‘incident’’ means either an accident or a delib-
erate act.
SEC. 822. ESTABLISHMENT OF COMMISSION.
(a) ESTABLISHMENT.—The President shall establish an inde-
pendent, nonpartisan Commission within the executive branch to
investigate any incident that results in the loss of—
(1) a Space Shuttle;
(2) the International Space Station or its operational
viability;
(3) any other United States space vehicle carrying humans
that is owned by the Federal Government 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 President shall estab-
lish a Commission within 7 days after an incident specified in
subsection (a).
SEC. 823. 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.
President.
Reports.
Public
information.
Deadline.
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(5) Provide any additional findings or recommendations
deemed by the Commission to be important, whether or not
they are related to the specific incident under investigation.
(6) Prepare a report to Congress, the President, and the
public.
SEC. 824. COMPOSITION OF COMMISSION.
(a) NUMBER OF COMMISSIONERS.—A Commission established
pursuant to this subtitle 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) 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 candidates for member-
ship on the Commission. The President may select one of the
candidates from each of the 4 lists for membership on the
Commission.
(3) No officer or employee of the Federal Government or
Member of Congress shall serve as a member of the Commis-
sion.
(4) No member of the Commission shall have, or have
pending, a contractual relationship with NASA.
(5) The President shall not appoint any individual as a
member of a Commission under this section who has a current
or former relationship with the Administrator that the Presi-
dent determines would constitute a conflict of interest.
(6) 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.
(7) To the extent practicable, the President shall seek diver-
sity in the membership of the Commission.
(c) DEADLINE FOR APPOINTMENT.—All members of a Commission
established under this subtitle 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 Commis-
sion 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 appoint-
ment was made.
SEC. 825. 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 subtitle—
(1) hold such hearings and sit and act at such times and
places, take such testimony, receive such evidence, administer
such oaths; and
President.
Reports.
Public
information.
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(2) require, by subpoena or otherwise, the attendance 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 extent and
in such amounts as are provided in appropriation Acts, enter into
contracts to enable the Commission to discharge its duties under
this subtitle.
(c) INFORMATION FROM FEDERAL AGENCIES.—
(1) IN GENERAL.—A Commission may secure directly 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 subtitle. Each department, bureau,
agency, board, commission, office, independent establishment,
or instrumentality shall, to the extent authorized by law, fur-
nish such information, suggestions, estimates, and statistics
directly to the Commission, upon request made by the Chair-
man, 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 DISSEMINATION.—
Information shall only be received, handled, stored, and
disseminated by members of the Commission and its staff con-
sistent with all applicable statutes, regulations, and Executive
orders.
(d) ASSISTANCE FROM FEDERAL AGENCIES.—
(1) GENERAL
SERVICES
ADMINISTRATION.—The Adminis-
trator 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 provide data and technical
support as requested by the Commission.
SEC. 826. PUBLIC MEETINGS, INFORMATION, AND HEARINGS.
(a) PUBLIC MEETINGS AND RELEASE OF PUBLIC VERSIONS OF
REPORTS.—A Commission shall—
(1) hold public hearings and meetings to the extent appro-
priate; and
(2) release public versions of the reports required under
this subtitle.
(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. 827. STAFF OF COMMISSION.
(a) APPOINTMENT AND COMPENSATION.—The Chairman, in con-
sultation with Vice Chairman, in accordance with rules agreed
Reports.
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upon by a Commission, may appoint and fix the compensation
of a staff director and such other personnel 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 Commission 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 procure 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 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. 828. 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 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 Commis-
sion, 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 expenses under section 5703(b) of title 5, United States
Code.
SEC. 829. SECURITY CLEARANCES FOR COMMISSION MEMBERS 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 procedures and require-
ments. No person shall be provided with access to classified informa-
tion under this subtitle without the appropriate security clearances.
SEC. 830. REPORTING REQUIREMENTS AND TERMINATION.
(a) INTERIM REPORTS.—A Commission may submit to the Presi-
dent and Congress interim reports containing such findings, conclu-
sions, and recommendations for corrective actions as have been
agreed to by a majority of Commission members.
(b) FINAL REPORT.—A Commission shall submit to the President
and Congress, and make concurrently available to the public, a
final report containing such findings, conclusions, and recommenda-
tions 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 subtitle with respect to that Commission, shall terminate
60 days after the date on which the final report is submitted
under subsection (b).
Public
information.
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119 STAT. 2945
PUBLIC LAW 109–155—DEC. 30, 2005
LEGISLATIVE HISTORY—S. 1281 (H.R. 3070):
HOUSE REPORTS: Nos. 109–173 accompanying H.R. 3070 (Comm. on Science) and
109–354 (Comm. of Conference).
SENATE REPORTS: No. 109–108 (Comm. on Commerce, Science, and Transpor-
tation).
CONGRESSIONAL RECORD, Vol. 151 (2005):
Sept. 28, considered and passed Senate.
Nov. 18, considered and passed House, amended, in lieu of H.R. 3070.
Dec. 17, House agreed to conference report.
Dec. 21, Senate agreed to conference report.
(2) ADMINISTRATIVE ACTIVITIES BEFORE TERMINATION.—A
Commission may use the 60-day period referred to in paragraph
(1) for the purpose of concluding its activities, including pro-
viding testimony to committees of Congress concerning its
reports and disseminating the final report.
Approved December 30, 2005.
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