[Senate Report 109-108]
[From the U.S. Government Publishing Office]
109th Congress Report
SENATE
1st Session 109-108
_______________________________________________________________________
Calendar No. 174
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION AUTHORIZATION ACT OF 2005
__________
R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. H.R. deg. 1281
DATE deg.July 26, 2005.--Ordered to be printed
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred ninth congress
first session
TED STEVENS, Alaska, Chairman
DANIEL K. INOUYE, Hawaii, Co-Chairman
JOHN McCAIN, Arizona JOHN D. ROCKEFELLER IV, West
CONRAD BURNS, Montana Virginia
TRENT LOTT, Mississippi JOHN F. KERRY, Massachusetts
KAY BAILEY HUTCHISON, Texas BYRON L. DORGAN, North Dakota
OLYMPIA J. SNOWE, Maine BARBARA BOXER, California
GORDON H. SMITH, Oregon BILL NELSON, Florida
JOHN ENSIGN, Nevada MARIA CANTWELL, Washington
GEORGE ALLEN, Virginia FRANK LAUTENBERG, New Jersey
JOHN E. SUNUNU, New Hampshire E. BENJAMIN NELSON, Nebraska
JIM DEMINT, South Carolina MARK PRYOR, Arkansas
DAVID VITTER, Louisiana
Lisa Sutherland, Staff Director
Christine Drager Kurth, Deputy Staff Director
David Russell, Chief Counsel
Margaret Cummisky, Democratic Staff Director and Chief Counsel
Samuel Whitehorn, Democratic Deputy Staff Director and General Counsel
Calendar No. 174
109th Congress Report
SENATE
1st Session 109-108
======================================================================
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION AUTHORIZATION ACT OF 2005
_______
July 26, 2005.--Ordered to be printed
_______
Mr. Stevens, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 1281]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill joint resolution deg. (S.
H.R. deg. 1281) TITLE deg. to authorize
appropriations for the National Aeronautics and Space
Administration for science, aeronautics, exploration,
exploration capabilities, and the Inspector General, and for
other purposes, for fiscal years 2006, 2007, 2008, 2009, and
2010, having considered the same, reports favorably thereon
without amendment deg. with amendments deg.
with an amendment (in the nature of a substitute) and
recommends that the bill joint resolution deg. (as
amended) do pass.
Purpose of the Bill
The purpose of the bill is to authorize programs of the
National Aeronautics and Space Administration (NASA) for fiscal
year (FY) 2006 through FY 2010. The bill would provide a
legislative and policy framework for national space exploration
leadership in a manner that maintains important national
investments and research capabilities and supports vital
national interests in security, economic growth, commercial
development, scientific excellence, and international
cooperation.
Background and Needs
Throughout its history, NASA has provided U.S. leadership in
science and engineering by undertaking missions which
challenged the Nation's brightest minds and stimulated the
highest degree of precision and technical excellence in the
commercial and industrial sectors. In the recent past, these
missions included robotic eyes and ears that reach deep into
the past of the Universe to rovers that roam planetary
surfaces. These accomplishments include significant and
scientifically valuable short-term, crewed missions to low-
Earth orbit and the beginning of assembly and operations of the
largest cooperative peacetime scientific endeavor ever
undertaken, the International Space Station. NASA has also
broken ground in research and applications relating to
aeronautics, communications, transportation, Earth science, and
basic research across a wide range of scientific and technical
disciplines.
In the reassessment of the Nation's civil space programs
following the loss of the space shuttle Columbia and her crew,
it became clear that NASA not only needed important internal
changes to enhance safety and program management, but a renewed
sense of direction and purpose. On January 14, 2004, President
George W. Bush articulated a series of long-term goals for NASA
in the form of a new ``Vision for Space Exploration.'' That
Vision directed NASA to complete the International Space
Station (ISS) in a manner which fulfills U.S. commitments to
its international partners in that program, develop a
replacement human-rated spaceflight vehicle to enable the
retirement of the space shuttle orbiters, and to begin plans
and technology development for crewed missions to the Moon and,
eventually, to Mars.
The bill, S. 1281, would provide the authority and policy
guidance that would enable NASA to carry out the goals of the
Vision for Space Exploration in a manner that maximizes the use
of the Nation's previous investments in civil space programs
and the resulting wealth of expertise and proven technologies.
From this foundation, the bill would authorize and enable the
advancement of new technological development in the pursuit of
the Nation's civil space policy and ensure that international
and commercial collaboration is actively pursued in both
developing and providing capabilities and services to support
that policy. The bill would also ensure that an appropriate
balance is maintained among NASA's important missions of
exploration, space operations, aeronautics research, and
science.
The Committee believes that a stable and gradually increasing
funding profile for NASA and its programs is important in
assuring the effective implementation of civil space policy.
Therefore, the bill would authorize the appropriation of funds
for NASA over a five-year period, coupled with the review of
annual budget submissions to ensure consistency with the
provisions of the bill.
Summary of Provisions
S.1281 would direct NASA to implement a balanced and broad
science program that extends human knowledge and understanding
of the Earth, Sun, solar system, and the universe and
biennially review and report to the Congress regarding its
efforts to maintain a broad and balanced array of scientific
activities.
The bill would direct NASA to plan a shuttle servicing
mission to the Hubble Space Telescope after the successful
completion of the first two shuttle missions following the
Return to Flight, in order to maintain the Hubble's unique
scientific value. With respect to Earth science research and
applications, the bill would direct NASA to develop a
comprehensive plan for ensuring the vitality of Earth observing
systems, including the identification of new approaches to
providing systems and data analysis and enhancing collaboration
among data users and providers.
U.S. preeminence and leadership in exploration and discovery
beyond low-Earth orbit contributes to the Nation's security
interests and is a stimulus to enhanced science and engineering
education. S. 1281 would establish a permanent human presence
on the Moon as a goal of the United States. It would identify
the accomplishment of that goal as an important precursor to
the eventual human exploration of Mars. To further the Moon-
Mars objective, the bill would authorize and encourage
international collaboration, as appropriate, and would provide
a number of requirements to be incorporated into the
development and implementation of plans to accomplish this
mission. Among those requirements are the development of
exploration technologies to support both human and robotic
operations, the consideration of innovative governmental and
commercial partnerships, the development of in-situ lunar
resource utilization technologies, and the use of ground-based
technology development and demonstrations in environments and
under conditions analogous to lunar and Martian surface
environments, to the extent practicable.
The Committee recognizes the imperative for a safe,
affordable, and near-seamless transition from current space
shuttle operations to new and diversified national
transportation capabilities that can meet the requirements of
supporting ISS operations, undertake renewed lunar exploration,
and pursue the eventual exploration of Mars. The bill would
express the intent of the Congress that there be no gap in the
Nation's ability to transport humans into space and would
provide authority for the development of new crew and cargo
vehicles which build upon existing activities, capabilities,
and assets of the shuttle program. It would also encourage and
incorporate commercially-developed capabilities in establishing
the next generation of space transportation systems.
NASA has begun assembly of the ISS. The Agency should
complete that assembly in a manner that preserves the U.S.
commitments to its international partners and enables the
realization of the scientific and research potential of the
ISS. In order to pursue the goal of exploring the Moon and
eventually Mars, NASA should focus its research activities
aboard the space station on those disciplines which most
directly support long-term human exploration beyond low-Earth
orbit. To ensure that the significant investment in space
station development to date is preserved, NASA should use the
space station's capabilities to support its exploration
requirements without diminishing the broader range of
scientific opportunities represented by a completed ISS. To
accomplish this objective, the bill would designate the U.S.
portion of the ISS as a National Laboratory facility. Pursuant
to that designation, the bill would provide a process by which
the scope and operations of that facility, along with ground-
based supporting institutions, would be defined and structured.
That process would include the identification of opportunities
for increased non-NASA governmental, as well as commercial,
participation in ISS research, scientific operations, and
support. To ensure against the loss of important scientific
expertise and capabilities intended for eventual application
aboard the ISS, the bill would authorize additional funding to
sustain those capabilities through the completion of ISS
assembly. This will also enable consideration of those
capabilities in the process of identifying the eventual
composition of space station-based research operations, as
would be required by the bill.
The development of commercial, non-government space
exploration capabilities holds the potential to enhance the
full range of the Nation's space exploration and utilization
activities. To encourage opportunities for commercial
participation in exploration activities, the bill would direct
NASA to develop a comprehensive plan defining those
opportunities and the means by which they can be made
available. In addition, the bill would authorize the use of
competitive prize awards modeled, in part, on the Ansari X-
Prize. The prize program would be administered to complement
NASA's missions and goals. Up to $100 million in prizes could
be awarded in any fiscal year.
Aeronautics and aviation research needs a clear national
policy for guiding the conduct and evolution of those
capabilities. The bill would direct the development, through
the Office of Science and Technology Policy, of a national
aerospace policy that would define the United States' goals for
aeronautics and aviation research and provide guidance for
necessary investments in infrastructure and programs. The
policy should establish a long-term business and management
approach for upgrades to our Nation's air traffic management
system and aeronautics capabilities.
The bill would require a number of administrative
improvements that will further enable NASA to implement the
goals and policies provided in the bill and perform its
management functions. These improvements include an extension
of NASA's authority to enter into indemnification and cross-
waiver agreements with private sector parties willing to
participate in high-risk space and aeronautics research and
development efforts, clarification and simplification of law
enforcement jurisdiction at NASA Centers, protection of
astronauts' privacy in case of fatal accidents, stimulation of
private sector participation in space research by authorizing
NASA to provide, in advance, access to intellectual property
developed in a cooperative agreement in exchange for commercial
investment, a recognition of modern-day electronic commerce by
authorizing a pilot test of expedited electronic business
practices, and removal of several outdated reporting
requirements.
Legislative History
S. 1281 was introduced on June 21, 2005, by Senator Hutchison
and is co-sponsored by Senators Nelson of Florida, Stevens, and
Inouye. S. 1281 was referred to the Committee on Commerce,
Science, and Transportation on June 21, 2005. The Committee's
Science and Space Subcommittee held two hearings: a hearing on
international space station research benefits, on Wednesday,
April 20, 2005; and a hearing entitled ``Human Space Flight:
The Space Shuttle And Beyond,'' on Wednesday, May 18, 2005.
Witnesses for both hearings included NASA officials, industry
representatives, and professionals with relevant expertise.
On June 23, 2005, the Committee met in open Executive Session
and, by a voice vote, ordered S. 1281 reported with an
amendment proposed by Senator Stevens. The Stevens manager's
amendment incorporated a number of suggestions raised by
members of the Committee, as follows: (1) improving several
provisions relating to aeronautics by Senator Allen; (2)
encouraging amateur astronomers by Senator Allen; (3)
establishing a lifetime healthcare program for astronauts by
Senator Nelson of Nebraska; (4) emphasizing ongoing science
programs by Senator Sununu; (5) encouraging private sector
participation in space programs, including the ISS, by Senator
Ensign; (6) increasing the authorization for NASA's centennial
challenge prize program by Senator Ensign; (7) requiring a GAO
study on the exploration program by Senator Ensign; (8)
encouraging NASA to use distance learning in rural areas by
Senator Smith; (9) changing a report deadline by Senator
Vitter; (10) including Hispanic-serving institutions, tribal
colleges and universities, Alaska Native-serving institutions,
and Native Hawaiian serving institutions in a program for small
and disadvantaged businesses by Senators Stevens and Burns;
(11) requiring NASA to share data with the Federal Aviation
Administration and the Five Star Medallion Program by Senator
Stevens; (12) authorizing research at the Poker Flat Rocket
Range and the Kodiak Launch Complex by Senator Stevens; (13)
requiring NASA to employ technologies to reduce orbital debris
by Senator Nelson of Florida; (14) requiring NASA to continue
investments in Space Grant, the experimental program to
stimulate competitive research, and NASA explorer schools; and
(15) making technical and clarifying changes. The Committee did
not adopt an amendment by Senator Allen regarding aeronautics
funding and an amendment by Senator Sununu regarding funding
for the Earth-Sun system and the universe themes.
Estimated Costs
In compliance with subsection (a)(3) of paragraph 11 of rule
XXVI of the Standing Rules of the Senate, the Committee states
that, in its opinion, it is necessary to dispense with the
requirements of paragraphs (1) and (2) of that subsection in
order to expedite the business of the Senate.
In accordance with paragraph 11(a) of rule XXVI of
the Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office: deg.
[Insert CBO letter, attached as pages ---- through ----] deg.
Regulatory Impact Statement
In compliance with subsection (b)(2) of paragraph 11
of rule XXVI of the Standing Rules of the Senate, the Committee
states that, in its opinion, it is necessary to dispense with
the requirements of paragraph (1) of that subsection in order
to expedite the business of the Senate. deg.
Because S. ------ does not create any new programs,
the legislation will have no additional regulatory impact, and
will result in no additional reporting requirements. The
legislation will have no further effect on the number or types
of individuals and businesses regulated, the economic impact of
such regulation, the personal privacy of affected individuals,
or the paperwork required from such individuals and
businesses. deg.
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
NUMBER OF PERSONS COVERED
S. 1281, as reported, would authorize appropriations for NASA
for FY 2006 through FY 2010. NASA conducts a number of
scientific research and development activities concerning
aeronautics, Earth science, space science, and space
exploration and operations. The Committee believes the bill
will not subject any individuals or businesses affected by the
bill to any additional regulation.
ECONOMIC IMPACT
This legislation would not have an adverse impact on the
Nation. The legislation would authorize sufficient levels to
sustain ongoing and new awards, cooperative agreements, and
contracts related to NASA's missions. A number of sections of
the bill will enhance economic and educational outreach,
licensing and applications, technology transfer, and commercial
innovation and partnership opportunities.
PRIVACY
This legislation would not have a negative impact on personal
privacy of individuals.
PAPERWORK
This legislation would not increase the paperwork requirement
for private individuals or businesses. There are reports
required of NASA. These reports are focused around specific
critical areas of interest to the Committee and Nation,
including commercialization plans, exploration architecture and
cost study, transition plan for space shuttle and space
transportation systems, and an ISS strategy and plan.
Section-by-Section Analysis
Section 1. Short title; table of contents.
Section 1 would entitle the Act as the ``National Aeronautics
and Space Administration Authorization Act of 2005.''
Section 2. Findings.
Section 2 would identify key findings of the Congress
concerning the history, the future, and the value of NASA
programs and identify priorities for the future direction of
the Nation's civil space activities. The findings reflect
NASA's new direction, based on the Nation's exploration vision,
while including important, on-going science and aeronautics
programs.
Section 3. Definitions.
Section 3 would define key terms used in this Act.
TITLE I--AUTHORIZATION OF APPROPRIATIONS
SUBTITLE A--AUTHORIZATIONS
Sections 101 through 102. FYs 2006 through 2007.
These sections would authorize appropriations for FYs 2006
and 2007 as follows:
Figure 1--Authorization Levels
(In $ millions)
------------------------------------------------------------------------
Category FY 2006 FY 2007
------------------------------------------------------------------------
Science, Aeronautics, and 9,661.0 10,549.8
Exploration
Exploration Capabilities 6,863.0 6,469.6
Inspector General 32.4 33.5
Total 16,556.3 17,052.9
------------------------------------------------------------------------
In general, the Committee supports the President's budget
request for NASA for fiscal year 2006. As noted previously,
however, the Committee is concerned with the refocusing of ISS-
based scientific research and the elimination or proposed
reductions in funding levels of significant research
initiatives in the FY 2005 Operating Plan and the proposed FY
2006 budget. Much of this research remains crucial to
maintaining the ISS as the premier microgravity research
facility it was intended to be. The Committee therefore has
authorized an additional $100 million in fiscal year 2006 for
ISS science research as a means of preserving research
capabilities that might otherwise be lost.
Sections 103 through 105. FYs 2008 through 2010.
These sections would authorize total appropriations for FYs
2008 through 2010 at a level that grows 3 percent each year
from a baseline of the President's FY 2006 budget request, as
adjusted in section 101 with the addition of $100,000,000 for
space station-related research.
NASA faces severe resource challenges in meeting its goals
and missions. These challenges have been made more difficult by
NASA's need to absorb within its annual budgets for the past
two years the costs incurred as a result of the Columbia
accident, both in preparing the space shuttle system for a
return to flight and in maintaining essential operations and
capacities during the intervening period. The Committee has,
therefore, sought to provide flexibility for the NASA
Administrator to apply resources as needed, while providing
guidance in certain areas of specific interest and concern to
the Committee. The Committee intends to review NASA's annual
budget submissions in light of the policy direction contained
in S. 1281 and propose additional changes in the law as
appropriate. That review will also take into account the
results of the reports and policy development in the area of
aeronautics research and the projected balance of efforts among
the major science disciplines, as provided in the bill.
International partnerships, commercial opportunities, and
administrative and facilities management improvements, as
provided for in the bill, can help enable NASA to maximize the
use of its available resources.
Section 106. Evaluation criteria for budget request.
Section 106 would state the sense of the Congress that each
budget request for NASA following enactment of the bill be
reviewed against the provisions of the bill to ensure
compliance with its provisions and to identify necessary
subsequent amendments to the underlying legislation including
authorized levels.
SUBTITLE B--GENERAL PROVISIONS
Section 131. Implementation of a science program that extends human
knowledge and understanding of the Earth, sun, solar system,
and the universe.
Section 131 requires NASA to complete a science plan and
execute a balanced science program, including aeronautics and
space and Earth science. This section also includes language
that would require the Administrator to make a determination
and develop a schedule regarding the undertaking of a shuttle
mission to service a unique national asset, the Hubble Space
Telescope, after completion of the first two ``return-to-
flight'' shuttle missions, unless such a mission would
compromise astronaut safety or the integrity of NASA's other
missions. This section also would ensure that a significant
portion of the amount expended for aeronautics is directed to
the Vehicle Systems Program.
While the portion of NASA's budget dedicated to science is
projected to grow, the Universe and Sun-Earth system areas of
the Space Science budget are facing potential decreases.
Section 131 of the bill includes language that would require a
determination regarding the potential acceleration of several
of these missions to meet their original schedule.
Section 132. Biennial reports to Congress on science programs.
Section 132 would require submission of the science plan
every two years. This report on science balance should address
concerns about the Universe and Sun-Earth Systems programs, as
well as plans for science activities on lunar precursor
missions and on the lunar surface, and partnership
opportunities identified from greater inter-agency, commercial
and technology collaborations. Future reports will be used to
help determine the adequacy of NASA's efforts in these areas
and whether further legislative direction is required.
Section 133. Status report on Hubble Space Telescope servicing mission.
Section 133 would require the submission within 60 days after
the landing of the second space shuttle mission after enactment
of a one-time status report on a Hubble Space Telescope
servicing mission.
Section 134. Develop expanded permanent human presence beyond low-Earth
orbit.
Section 134 would authorize the pursuit of the core program
outlined in the ``Vision for Space Exploration'' articulated by
President George W. Bush on January 14, 2004. That program
envisions a permanent base on the Moon to be utilized for
commercial, scientific and other purposes, and to serve as a
precursor for exploration of other bodies such as Mars. This
section would authorize NASA to seek appropriate international
cooperation and participation in the accomplishment of these
objectives, to develop the technologies to utilize lunar-based
resources and materials to sustain lunar surface operations,
and to support further exploration beyond low-Earth orbit. This
section also would require a plan to be submitted with the
annual budget requests for the Agency which would include a
defined mission architecture, an outline of planned precursor
mission activity, technology, and transportation requirements,
commercial opportunities, and a cost assessment to support both
low-Earth orbit operations and lunar exploration objectives.
The bill would endorse the expansion of human presence beyond
low-Earth orbit, beginning with a focus on the exploration of
the Moon and the establishment of a permanently inhabited base
on the lunar surface to support a range of national,
commercial, and scientific purposes. Maintaining a leadership
role in exploration and utilization of space beyond low-Earth
orbit is consistent with the character and heritage of the
nation and lunar exploration is increasingly relevant to the
nation's economic and national security interests. As greater
interest is expressed within a growing community of space
faring nations in lunar exploration, these considerations
underscore the importance of seeking international cooperation
and collaboration in the development and implementation of
lunar exploration activities. The successful pursuit and
accomplishment of the objectives identified in this section
will ensure U.S. leadership in space exploration and
development as other nations, commercial interests, and
individuals continue to develop the means to move beyond
Earth's bounds.
In-situ resource utilization could play a critical role in
enabling human exploration and eventual settlement beyond
Earth. The use of space-based resources could reduce dependency
on launch and space transportation systems and ensure greater
operational independence for distant operations, whether
temporary or permanent. The development of technologies to
locate, process, and utilize in-situ resources also offers
significant potential for both Earth-based commercial
development in activities such as materials processing and
energy and food production. In addition, the ability to
develop, test and operate in-situ resource capabilities in the
lunar environment is essential to enable future human
exploration beyond the Moon. NASA should develop these
capabilities, as well as any appropriate policy and legal
framework to enable their use.
Section 135. Ground based analog capabilities.
Section 135 would require NASA to evaluate and test the
systems and operating principles necessary for utilizing the
natural resources known to exist on the lunar surface. These
capabilities would be tested in remote U.S. locations offering
similar, or analogous, environments to those in which they
would be expected to operate. This section would also require
the maximum level of participation by local populations and the
use of cooperative educational and industrial partnerships in
the identification, establishment and operation of the analog
sites and related facilities.
Such testing and verification are essential in the
development of capabilities crucial to lunar exploration and
the establishment of a sustained lunar presence. These
technologies offer significant potential for broad commercial
participation in both the development of in-situ processing
capabilities and in applying the proven technologies to a
variety of commercial and other activities on Earth.
Section 136. Space launch and transportation transition, capabilities,
and development.
Section 136 would require the development, within 120 days of
the enactment of the bill, of a plan to transition to the next
generation of capabilities for launching crew and cargo into
space. This section would require that the plan should
incorporate the use of existing assets of the space shuttle
program to the maximum possible extent. This section would
direct the development of autonomous rendezvous and docking
capabilities to enable crew and cargo vehicles to dock with the
International Space Station.
While the Committee has immediate concerns about the
continued capability to support operations and research
activity aboard the International Space Station, it is expected
the plan required by this section must include consideration of
the full range of required space transportation capabilities,
including those needed for human exploration, development, and
permanent settlement of the Moon.
Section 137. National policy for aeronautics research and development.
Section 137 would call for the President, acting through the
Director of the Office of Science and Technology Policy, to
develop a national aeronautics research and development policy
to guide the full range of government-supported aeronautics
research. The section would require that the policy be
developed in consultation with NASA and other relevant Federal
agencies. It also would make use of external or non-government
studies which have suggested policies and actions to support
the nation's ability to successfully participate in the global
aerospace industry and market, such as the National Institute
of Aeronautics study titled ``Responding to the Call: Aviation
Plan for American Leadership.'' This policy would be submitted
to Congress within one year.
It is essential to ensure the nation's ability to remain
competitive in the global aerospace marketplace. Despite
challenges from abroad, the United States lacks a clear
aeronautics policy that defines the roles, goals and objectives
of government in research, development, technical advancement,
and enhancement of the nation's aerospace industry. The policy
would be formulated at the Presidential level, through the
Director of the Office of Science and Technology Policy and
include consultation not only with NASA but with other relevant
Federal agencies, including the Departments of Transportation,
Defense, and Commerce.
The policy would recognize current efforts within NASA to
address aeronautical research and development requirements on a
cooperative and multi-agency basis, such as those undertaken by
the Joint Planning Development Office (JPDO) for aeronautics
and cooperative research and those within the Vehicle Systems
Program.
Meeting the growing demand for air travel while
simultaneously improving aviation safety and security requires
a complete transformation of air traffic management by the
Federal Aviation Administration (FAA). Over the next 20 years,
air traffic demand in the United States will more than double.
For this growth to be safely, securely, and efficiently
accommodated, transformation to an operational environment with
responsibilities appropriately distributed between air and
ground, supported by a network centric system architecture is
necessary. The JPDO is tasked to create and implement a
national approach for a Next Generation Air Transportation
System (NGATS) and ensure that this transformation occurs in a
timely fashion. The commitment of funding and the active
leadership by senior officials at NASA and the Departments of
Defense, Transportation, Homeland Security, and Commerce, are
critical to the success of the JPDO initiative and must be made
a high priority by all the departments and agencies. The
Committee believes that a higher level of focus and integration
of NASA's research plan with the JPDO initiative is needed and
full industry participation is essential. Moreover, the
Committee wants to accelerate the transition to NGATS.
Once established, the aeronautics policy should guide
aerospace research and development priorities and enable the
Administration and the Congress to make informed judgments
about the resource requirements for aerospace research and
development. The Committee is aware of concerns that current
funding and programmatic decisions within NASA affecting
aerospace research and development activities and programs may
adversely affect the nation's competitive posture in this
important sector of trade and economic development. It is the
Committee's view that such concerns can only be fairly assessed
and addressed in the context of a comprehensive policy such as
that required by the provisions of the bill. The policy should
examine mechanisms that could create innovative management and
funding strategies.
The Committee directs NASA to (1) engage industry to
collaborate with the JPDO in identifying and integrating
existing and emerging capabilities into the design and
development of the NGATS operational concept and supporting
architecture; (2) partner with industry in pilot projects to
mitigate the financial and operational risk associated with
system transformation; and (3) deliver a report to the
Committee on the status of these activities and how the
aeronautics and relevant atmospheric science and space
technology research budgets align with the JPDO and the NGATS
vision.
Section 138. Identification of unique NASA core aeronautics research.
Section 138 would require the NASA Administrator to provide
an assessment of NASA's aeronautics capabilities in support of
new aeronautic and space vehicles and the unique capabilities
that must be retained to further space exploration and support
U.S. economic competitiveness.
Section 138 would require the development of an assessment of
those current and potential capabilities within 180 days of the
enactment of the bill. Such an assessment would make an
important contribution to the development of the policy that
would be required in section 137, as well as provide essential
information to evaluate the Agency's aeronautical research
requirements.
The expansion of private sector commercial interest and
activity in both atmospheric and sub-orbital flight provides
the potential for mutually beneficial relationships in pursuit
of aeronautical research and development between the public and
private sector. The assessment that would be required by
section 138 should include a thorough review of the role that
NASA's Aeronautics Research program, personnel, and
capabilities could play in accelerating and broadening the
emergence of the U.S. suborbital reusable launch vehicle
industry to serve scientific, economic, and national security
interests. The Administrator shall, as appropriate, consult
with other Federal agencies which may have a regulatory,
promotional, research and development, or utilization stake in
the future of this industry, in conducting this assessment.
Section 139. Lessons learned and best practices.
Section 139 would require the Administrator to provide a
plan, within 180 days after enactment of the bill, describing
the means by which NASA will obtain, implement, and share
lessons learned and best practices within its major programs
and projects. The section includes specifications for the
implementation plan and provides for the definition of
incentives to encourage the use of lessons learned and program
penalties for the failure to do so. This section provides a
legislative basis for ensuring that the burgeoning culture of
learning and safety emerging at NASA as a result of the
Columbia accident is retained and continues to be ingrained
into the management structure of the Agency.
Section 140. Safety management.
Section 140 would amend the Aerospace Safety Advisory Panel
charter to direct the Panel to evaluate NASA's compliance with
on-going return-to-flight and continue-to-fly recommendations
from the Columbia Accident Investigation Board. The Panel was
legislatively established in the wake of the Apollo One fire to
be an independent safety watchdog. This section affirms the
Panel's important and ongoing role in assuring the highest
level of safety in NASA's operations.
Section 141. Creation of a budget structure that aids effective
oversight and management.
Section 141 would ensure that NASA identifies major program
areas within its annual budget submissions beginning with FY
2007 and that it consistently maintains that budget structure
in future years to facilitate congressional oversight and
budget management. The Committee has been frustrated by
continually changing budget structures that have hampered the
comparison of programs from year to year.
Section 142. Earth observing system.
Section 142 would ensure the long-term vitality of the Earth
Observing System by requiring the Administrator, in
consultation with the National Oceanic and Atmospheric
Administration and the United States Geological Survey, to
submit a plan within 6 months after enactment of the bill that
addresses budget projections, technical requirements, delayed
or canceled NASA missions, plans for any transfers of
requirements to National Polar-orbiting Environmental Satellite
System (NPOESS), and the technical basis for exploratory Earth
observation systems, including new satellite architectures and
instruments.
Section 142 reflects the Committee's concerns about the
potential impact of evolving funding priorities on specific
science data collection activities. The section would address
specific concerns with the Earth Observing System, one of
NASA's most successful Earth science programs. Such a plan is
essential to inform future decisions regarding resource
allocations within this important research and data collection
activity.
Section 143. NASA healthcare program.
Section 143 would direct the Administrator to take the
necessary steps to establish a lifetime healthcare program for
NASA astronauts and their families that enables the collection
and study of healthcare data to further understanding of the
long-term health effects of space flight on humans.
Section 144. Assessment of extension of data collection from Ulysses
and Voyager spacecraft.
Section 144 would direct the Administrator to assess the
costs and benefits of extending the termination of data
collection from the Ulysses and Voyager spacecrafts and submit
a report to Congress.
Section 145. Program to expand distance learning in rural underserved
areas.
Section 145 would expand distance learning in rural,
underserved areas by directing the Administrator to develop or
expand programs to extend science and space educational
outreach to rural communities and schools through ``distance
learning''--video conferencing, exhibits, teacher education,
classroom presentations, and field trips--giving priority to
existing programs such as the Challenger Learning Centers. One
excellent model for community involvement in science education
is the ``Women in Technology'' program on the Island of Maui,
Hawaii, and the Committee would hope that NASA considers such
programs as it moves forward in distance learning programs.
Section 146. Institutions in NASA's minority institutions program.
Section 146 would add Hispanic-serving institutions, Tribal
Colleges or Universities, Alaska Native-serving institutions,
and Native Hawaiian-serving institutions to the list of
institutions, including historically Black colleges and
universities, for consideration in NASA's small and
disadvantaged business prime and subcontract award goals.
Section 147. Aviation safety program.
Section 147 would improve aviation safety by requiring the
Administrator to make satellite imagery of remote terrain
available to the FAA and the Five Star Medallion Program for
their programs to assist and train pilots in navigating
challenging terrains.
Section 148. Atmospheric, geophysical, and rocket research
authorization.
Section 148 would authorize the appropriation of $1,000,000
in each of FYs 2006 through 2010 for the Poker Flat Rocket
Range and the Kodiak Launch Facility.
Section 149. Orbital debris.
Section 149 would direct the Administrator, in conjunction
with heads of other agencies, to develop or acquire
technologies to reduce the risks of orbital debris.
Section 150. Continuation of certain educational programs.
Section 150 would direct the Administrator to ensure the
continuation of the Space Grant College Program, the
Experimental Program to Stimulate Competitive Research
(EPSCoR), and NASA Explorer Schools. These programs help bring
NASA research to States and communities that do not have a NASA
center and are vital to educating and inspiring the next
generation of U.S. scientists and engineers.
Section 151. Establishment of the Charles ``Pete'' Conrad Astronomy
Awards Program.
Section 151 would authorize the establishment of an award
program, named in honor of former astronaut Pete Conrad,
recognizing amateur astronomers involved in the search for
near-Earth objects. The annual awards would be in the amount of
$3000 and would be limited to U.S. citizens or permanent
residents.
Governmental efforts to identify and catalogue near-Earth
objects are addressed elsewhere in this bill. However, many
amateur astronomers identify and track near-Earth objects. This
program offers an opportunity to recognize them and provide an
incentive for their continued efforts, which augment the
Government's program.
Section 152. GAO assessment of feasibility of Moon and Mars exploration
missions.
Section 152 would require the Comptroller General, within
nine months of enactment of the bill, to submit an assessment
of the long-term cost implications of NASA's Moon and Mars
exploration programs, including architecture and schedule.
The Committee recognizes the difficulty of developing a
single, firm cost estimate of programs that are designed to
evolve over time as new technologies come on line. These
additional capabilities, coupled with commercial and
international participation, will require NASA to adjust its
funding and planning for a program of exploration expected to
continue into the future. The assessment that would be required
by section 152 should be focused on an evaluation of the
methodology utilized by NASA in developing the funding
projections that accompany program definitions as a component
of annual budget submissions. This assessment should address
the methods by which NASA's program progress evaluations can be
utilized to minimize the danger of making long-term funding
commitments to high-risk program development activities,
including options for conducting such assessments over the life
of Moon and Mars Exploration programs.
SUBTITLE C--LIMITATIONS AND SPECIAL AUTHORITY
Section 161. Official representational fund.
Section 161 would authorize the use of up to $70,000 for
official reception and representation expenses.
Section 162. Facilities management.
Section 162 would allow NASA to retain the proceeds from the
sale of real and personal property and expand NASA's ability to
implement enhanced use lease authority beyond the current two
center pilot projects. Section 162 also would require NASA to
provide authorizing committees with the same reprogramming
notifications that it provides to the Committees on
Appropriations.
Currently, real property declared as ``excess'' can only be
divested through public sale. The proceeds of any such sale are
sent to General Receipts, U.S. Treasury. Section 162 would
provide that the proceeds remain with NASA and be available to
be reinvested in NASA. This would facilitate several
objectives: (1) provide incentive to the NASA Centers to
declare real property as excess and proceed with disposal; (2)
encourage the Centers to consolidate functions and offices
therefore freeing land and buildings for excessing; (3) enable
such consolidations by using sale proceeds to relocate
facilities and personnel; and (4) improve the condition of NASA
physical plants by allowing sale proceeds to augment available
maintenance and repair funding. NASA would be directed to
develop a facilities investment plan that would guide the use
of this authority, consistent with the Agency's mission.
TITLE II--INTERNATIONAL SPACE STATION
Section 201. International Space Station certification.
Section 201 would require that the ISS be completed,
fulfilling international partner agreements and providing for
research in diverse disciplines. It would ensure that there be
a contingency plan to address Station servicing needs during
any potential hiatus in U.S. capability to transport humans and
cargo into space, and would require that the Administrator
report such plan to the Congress within 60 days of enactment of
the bill and before making any change in the ISS assembly
sequence that is in effect on the date of enactment. Section
201 also would direct the Administrator to provide Congress
with an assessment of the impacts of the Columbia accident and
full cost accounting on the development cost of the ISS, and
any needed changes to the ISS cost limitations contained in the
NASA Authorization Act of 2000.
The Committee views the fulfillment of U.S. commitments to
and agreements with its partners in the International Space
Station program as essential to the long-term interests of the
United States. Failure to fulfill these commitments could
undermine future efforts to secure international cooperation in
exploration activities. These commitments involve more than
completion of space station assembly, but also utilization,
operational support, and resupply. The Committee is well aware
of the nation's extensive investment in space station
development and the many challenges and debates regarding the
space station. The ISS has been supported by the Congress in
large part due to its promise and potential as a unique
international laboratory facility capable of hosting a wide
range of scientific research that can only be undertaken in a
microgravity environment. As the ISS approaches the completion
of its assembly, that research potential must be preserved.
Title II of this bill is intended to meet that objective. The
Committee understands that sufficient crew time is required to
monitor and conduct research activities. As a result, the
Committee believes that at least 6 crew members are required to
enable the most effective utilization of the planned ISS
laboratory facilities. Section 201 would require that the final
ISS configuration include the capability to support at least
that number of crew. The Committee does not intend to establish
the minimum level of crew that must be aboard ISS at any given
time. Rather, it intends that the ISS must have the life-
support, accommodations, logistics, and other critical
capabilities to support a 6-person crew.
In addition to sufficient crew time, the effective
utilization of the ISS requires the availability of supplies,
equipment, replacement parts, and other necessary items and
materials. Section 201 would ensure such availability by
directing that the ISS be capable of docking with a wide range
of crew transport and cargo handling vehicles. Further, this
section would require the development of contingency options to
ensure that ISS crew and operations can be adequately sustained
during any hiatus between the availability of the space shuttle
and the follow-on or replacement vehicles capable of
transporting crew and cargo to and from the Station. This
provision would also apply to any interruption in launch system
availability that would affect ISS operations.
The Committee is aware that discussions among the ISS
international partners may result in proposed modifications to
the ISS assembly sequence. Section 201 would require that NASA
notify the Congress, within sixty days of the enactment of the
bill, and prior to making any change in the current assembly
sequence, of the plans to comply with the requirements that
would be imposed by this section.
The Committee is aware that the accumulated cost associated
with ISS development is approaching the cost limitation imposed
by the Congress in section 202 of the NASA Authorization Act of
2000 (Public Law 106-381) and that the Administration has
requested relief from the provisions of that limitation. The
Committee continues to support the need to monitor and limit
total ISS development cost. However, the Committee understands
that the existing statutory requirement could not have taken
into account the unexpected additional expenditures in areas
covered by the cost limitation caused by the Columbia accident
and the resulting suspension of ISS assembly activity. In
addition, the current cost limitation was developed before
NASA's implementation of full cost-accounting. It is now
difficult to define ISS development costs in the manner
envisioned by the cost limitation. The Committee believes the
calculations of total ISS development costs should take these
circumstances into account in assessing compliance with the
statutory requirement. Section 201 would direct NASA to prepare
and submit to the Congress, within 6 months of enactment of the
bill, materials that describe the cost impact of these
circumstances, and to recommend any statutory changes needed in
the underlying Act to address those impacts. It is the
Committee's intent that no sanction be imposed under the terms
of the cost limitation until this assessment is complete.
Section 202. Research on the International Space Station.
Section 202 would describe the variety of scientific research
to be conducted on ISS and the ground-based research needed to
ensure that Station research is of the highest quality. It
would require that the Administrator evaluate other scientific
uses for ISS, including use as a test bed and that, subsequent
to the completion of ISS assembly, steps be taken toward the
transition of ISS research management to a public-private
partnership as described in section 203. This section would
require the submission of a comprehensive ISS research plan
within one year of the date of enactment of the bill.
A primary justification for the nation's investment in ISS is
the scientific and research potential it represents. Section
202 would reaffirm that view and provide guidance regarding the
scope of the research activity to be conducted aboard the space
station, including consideration of ground-based supporting and
precursor research and the essential technical and scientific
expertise associated with the planned research. Section 202
would specify examples of the research disciplines that should
be considered in developing long-range research plans for ISS.
While those examples are not intended to represent a required
array of science disciplines, the Committee expects that they
be carefully reviewed for their potential contributions to a
broad range of ISS science capabilities that is planned on the
basis of scientific value and potential rather than fall victim
to an arbitrary budget-driven exercise. The eventual
availability of supporting resources for science disciplines
not directly associated with supporting the requirements of the
Vision for Exploration cannot yet be determined, but important
research capabilities should not be precluded from eventual
application aboard the ISS as a result of near-term decisions
based on cost or budget considerations. In order to address
this concern, section 101(2) of the bill would authorize and
require that $100,000,000 be made available in FY 2006 to
provide continuing interim ground-based support for ISS
research capabilities identified by NASA as not essential for
exploration requirements.
The Committee recognizes that potential constraints on the
ability to return research-related payloads to Earth for
analysis on a timely basis represents a potential for
degradation of ISS research capacity. Section 202 of the bill
would address this concern by directing the establishment and
maintenance of on-orbit analytical capabilities aboard the ISS.
Section 203. National laboratory status for the International Space
Station.
Section 203 would designate the U.S. segment of the ISS as a
national laboratory facility and would require the
Administrator to outline the operations and functions of the
space station national laboratory activities in a report to be
provided within one year of the date of enactment of the bill.
The new direction embodied in the Vision for Exploration, in
which NASA must focus its planning and program development
beyond low-Earth orbit, places significant pressure on the
completion of space station assembly and its outfitting for
operations and research. While limited resources and new
mission requirements place constraints on the research
capabilities that NASA can support aboard the ISS, it is the
Committee's view that the means must be found to preserve the
broadest possible research potential for the ISS. Section 203
of the bill would provide such a means by designating the U.S.
segment of the ISS as a National Laboratory facility. Such
designation underscores the significance and importance placed
on the scientific and research potential of the ISS.
The section would further require that the NASA Administrator
develop a plan, to be submitted within one year of the date of
enactment of the bill, that would specify the content and
operations of the ISS National Laboratory facility and the
structure, management, and operations of a ground-based
National Laboratory. This lab would operate within the NASA
structure as a cooperative undertaking, with government and
non-government participants, and would assume responsibility
for management and operations of the research aboard the
facility. The implementation plan should include an assessment
of the potential application of institutional arrangements used
by other major governmental research and development facilities
and complex, technology-dependent public infrastructure
systems, including transportation authorities.
Following the submission of the required report, NASA may
require specific enabling legislation authorizing the
establishment of the ISS National Laboratory and authorizing it
to receive and utilize funding and other support from non-NASA
governmental entities and from appropriate non-governmental
sources.
Successful implementation of the requirements of this section
could provide the means of ensuring the broadest possible use
of the ISS for scientific research, while enabling NASA to
focus its ISS-supported research on meeting the requirements of
the Vision for Exploration.
Section 204. Commercial support of International Space Station
operations and utilization.
Section 204 would encourage the Administrator to utilize
commercial providers, where possible, in supplying and
enhancing the capabilities of the Station.
Regular and reliable access to the ISS is essential to
establishing the ISS's viability as a National Laboratory.
Possible cargo resupply capabilities for the ISS are emerging
and NASA is encouraged to competitively purchase services on a
fixed-price, commercial-terms basis, from providers as soon as
possible. The Administrator's stated preference for open
architectures can allow for new commercial entrants to be
rewarded by successful development of new space transportation
capabilities, including crew as well as cargo systems.
NASA is encouraged to continue its use of innovative
contracting and partnership approaches for supporting
development of alternative Earth to Orbit crew transfer
capabilities, which may provide additional reliability for
maintenance of support for the ISS and, potentially, future
human exploration operations between low-Earth orbit and the
Moon.
Section 205. Use of the International Space Station and annual report.
Section 205 would establish a policy of broad utilization of
the International Space Station and would require an annual
report detailing its uses.
TITLE III--NATIONAL SPACE TRANSPORTATION POLICY
Section 301. United States human-rated launch capacity assessment.
Section 301 would require the Administrator to provide an
analysis of and transition plans for NASA's space
transportation requirements, including the manner in which the
plans meet the requirements under section 136 of the bill, any
impacts to the industrial base, the plan's contribution to a
national mixed-use fleet, plans for transition, support for the
space station, development risks, costs, and schedule.
Section 302. Space shuttle transition.
Section 302 would prohibit the NASA Administrator from
retiring the space shuttle orbiter until a replacement human-
rated spacecraft system has demonstrated it can take humans
into Earth orbit and return them safely. The Administrator
would be prohibited from terminating any contracts or replacing
any vendors until delivery of the transition plan required by
this section.
The Committee views with great concern the possibility that
the arbitrary retirement of the space shuttle orbiter on a date
certain, without proven alternative crew and cargo launch
capabilities in operation, would place the United States at a
serious disadvantage in maintaining its leadership in human
space exploration and would have a potentially negative impact
on national security. Section 302 would resolve this concern by
requiring that such systems be in place before the orbiter
fleet is fully retired. The section does not require any number
of flights by the orbiter. Rather, it requires that the orbiter
be capable of flight.
The Committee notes with approval the efforts being
undertaken by NASA to close or narrow this potential gap in
U.S. launch capability, and awaits the results of the
Exploration Systems Architecture Study.
The Committee further acknowledges the challenges inherent in
accelerating development of replacement capabilities,
especially in the context of limited resources. The Committee
will review the final definition of efforts to address the
potential gap in U.S. crew and cargo launch capability, and is
prepared to consider modifications of this section of the bill
either by amendment during further consideration of the bill by
the Congress or by subsequent legislative enactment.
Section 303. Commercial launch vehicles.
Section 303 would express the sense of the Congress that NASA
should employ commercial launch vehicles where appropriate.
Section 304. Secondary payload capacity.
Section 304 would require that NASA develop a secondary
capacity for carrying payloads such as small scientific
satellites and free flyers. This section does not refer to the
development of new launch vehicles. Rather, it seeks to address
the diversity of opportunities and the wait time for new
instruments and experiments that could be shortened through the
use of innovative secondary payload capacity.
TITLE IV--ENABLING COMMERCIAL ACTIVITY
Section 401. Commercialization plan.
Section 401 would require the Administrator, in consultation
with the Associate Administrator for Commercial Space
Transportation of the Federal Aviation Administration and the
Director of the Office of Space Commercialization of the
Department of Commerce, to submit to Congress a
commercialization plan that identifies opportunities for the
private sector to participate in the human missions to low-
Earth orbit, Moon and Mars, and Earth science missions and
applications. The plan would be required to be submitted to the
Senate Committee on Commerce, Science, and Transportation and
the House Committee on Science.
Section 402. Authority for competitive prize program to encourage
development of advanced space and aeronautical technologies.
Section 402 would amend the Space Act to authorize NASA to
carry out a program to award prizes to stimulate innovation in
basic, advanced, and applied research; technology development;
and prototype demonstrations that have the potential to improve
the performance of the aeronautical and space activities of
NASA. The total amount of cash prizes awarded in a fiscal year
may not exceed $100,000,000. No prize competition may result in
the award of more than $1,000,000 in cash prizes without the
approval of the Administrator or his designee.
Awarding prizes up to $100 million in any fiscal year is
intended to help the Agency meet technology challenges,
particularly in exploration. By specifying only the goal but
not the exact procedure, the Committee expects these prizes to
attract a broad spectrum of ideas and participants, including
non-traditional sources of innovation that contribute to
greater diversity in engineering approaches. NASA would be able
to leverage the technical resources of all the participants,
with each participating team bringing new and different
technical resources and knowledge to apply to the problem. Such
innovation may result in novel or low-cost solutions to NASA's
engineering problems.
Competitive prizes have been used successfully in the past to
support the development of advanced technologies and have been
endorsed by the National Academy of Engineering. Most
historical examples show that the total money spent in pursuit
of a prize far exceeds the value of the prize. After 1900, and
during the interwar years, prizes catalyzed development of new
aircraft technologies and demonstration of new aircraft
capabilities (including Charles Lindbergh's transatlantic
flight). Newspapers, the U.S. Postal Service, the Department of
Defense, and major airlines have sponsored these prizes. Recent
prize programs include the Ansari X-Prize, a privately funded
launch vehicle competition that attracted 25 competing teams
that made investments totaling several times the $10 million
value of the prize. Prize programs demonstrate how a NASA
program could multiply a return on its investment. The above
examples also demonstrate how prizes can draw substantial media
attention and public interest to the technical field,
competitors, and the prize sponsors. At NASA, a prize program
could encourage unexplored technology pathways to meet mission
objectives and requirements, promote science and technology
education and increase public interest in NASA's programs.
Nonetheless, NASA's use of this authority should be guided by
its space architecture and mission needs.
Section 403. Commercial goods and services.
Section 403 would express the Sense of the Congress that NASA
should purchase commercially available space goods and services
to the fullest extent feasible in support of its activities,
encourage commercial use and development of space, and utilize
space goods and services that are under development by the
private sector.
TITLE V--MISCELLANEOUS ADMINISTRATIVE IMPROVEMENTS
Section 501. Extension of indemnification authority.
This provision would amend section 309 of the Space Act to
extend its authority by two years. Section 309 authorizes NASA
to enter into agreements to indemnify developers and operators
of experimental space vehicles for liability for damages to
third parties in excess of required insurance and to pursue
cooperative agreements containing cross-waivers of liability
with cooperating parties. This authority, modeled on the
Commercial Space Launch Act, currently expires on September 30,
2005.
Section 502. Intellectual property provisions.
Section 502 would amend the Space Act by adding a new
subsection (g) to section 305, which would provide NASA with
the authority to license or assign title to inventions made by
a NASA employee to organizations that are participants in
agreements entered into pursuant to section 203(c)(5) and
(c)(6) of the Space Act (including what are known as Space Act
Agreements). This authority will conform NASA's authority under
the Space Act with authority already provided to other agencies
under the Stevenson-Wydler Technology Innovation Act of 1980,
as amended by the Federal Technology Transfer Act of 1986, for
the use of Cooperative Research and Development Agreements
(CRADAs).
Section 503. Retrocession of jurisdiction.
Section 503 would provide the Administrator authority to
relinquish the legislative jurisdiction of the United States
over lands or interests under the Administrator's control to
the State within which the lands or interests are located. This
authority is similar to that held by other executive branch
agencies, and would in no way prejudice NASA ownership of the
property.
Section 504. Recovery and disposition authority.
Section 504 would protect the privacy of astronauts and their
families and enhance NASA's ability to conduct thorough
investigations of accidents involving NASA human space flight
vehicles by authorizing the Administrator to take control over
the remains of any crew members and order autopsies and other
scientific or medical tests when there is an accident or mishap
resulting in the death of a crew member of a NASA human space
flight vehicle.
Section 505. Requirement for independent cost analysis.
This section would: (1) amend section 301 of the NASA
Authorization Act of 2000, Public Law No. 106-391, to replace
the term ``Phase B of a project'' with ``implementation of a
project'' and to include a definition of implementation in
order to make the statutory language consistent with
terminology currently used by NASA in describing the various
stages of program or project development; (2) reside the
responsibility for this activity with the Administrator, rather
than the Chief Financial Officer; (3) require that the
Administrator also consider the analysis before obligating
funds for project implementation; and (4) include a definition
of independent life cycle cost analysis in order to avoid
confusion regarding who may conduct the analysis in
satisfaction of the statute.
Section 506. Electronic access to business opportunities.
This section would enable NASA to test how best to utilize
the economies available through the use of electronic commerce.
Specifically, it would allow NASA to conduct a pilot program
under which it would reduce the amount of time currently
required between the publication of notice of a contract action
and the release of the solicitation.
Section 507. Reports elimination.
Section 507 would repeal several reporting requirements that
have been rendered superfluous or unnecessary by events or
completion of the underlying objective.
Rollcall Votes in Committee
In accordance with paragraph 7(c) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following description of the record votes during its
consideration of S. 1281:
Senator Allen offered an amendment to direct a minimum level
of funding of $919 million into aeronautical research and
development. By roll call vote of 9 yeas and 13 nays as
follows, the amendment was defeated:
YEAS--9 NAYS--13
Mr. Ensign\1\ Mr. Stevens
Mr. Allen Mr. McCain\1\
Ms. Sununu Mr. Burns\1\
Mr. DeMint Mr. Lott
Mr. Rockefeller Mrs. Hutchison
Mr. Kerry Ms. Snowe
Mrs. Boxer Mr. Smith
Mr. Lautenberg Mr. Vitter
Mr. Pryor Mr. Inouye
Mr. Dorgan
Mr. Nelson of Florida
Ms. Cantwell
Mr. Nelson of Nebraska
\1\By proxy
Senator Sununu offered an amendment to authorize $2.2 billion
for solar terrestrial probes and $1.5 billion for planetary
exploration. By roll call vote of 9 yeas and 13 nays as
follows, the amendment was defeated:
YEAS--9 NAYS--13
Mr. Ensign\1\ Mr. Stevens
Mr. Allen Mr. McCain\1\
Ms. Sununu Mr. Burns\1\
Mr. DeMint\1\ Mr. Lott\1\
Mr. Rockefeller\1\ Mrs. Hutchison
Mr. Kerry\1\ Ms. Snowe
Mr. Dorgan\1\ Mr. Smith
Mrs. Boxer\1\ Mr. Vitter\1\
Mr. Lautenberg Mr. Inouye
Mr. Nelson of Florida
Ms. Cantwell
Mr. Nelson of Nebraska\1\
Mr. Pryor
\1\By proxy
By a roll call vote of 22 yeas and 0 nays as follows, the
bill was ordered reported:
YEAS--22 NAYS--0
Mr. Stevens
Mr. McCain\1\
Mr. Burns
Mr. Lott
Mrs. Hutchison
Ms. Snowe
Mr. Smith
Mr. Ensign\1\
Mr. Allen
Mr. Sununu
Mr. DeMint\1\
Mr. Vitter\1\
Mr. Inouye
Mr. Rockefeller\1\
Mr. Kerry\1\
Mr. Dorgan\1\
Mrs. Boxer\1\
Mr. Nelson of Florida
Ms. Cantwell
Mr. Lautenberg
Mr. Nelson of Nebraska
Mr. Pryor
\1\By proxy
Additional, Supplemental, or Minority Views deg.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill,
as reported, are shown as follows (existing law proposed to be
omitted is enclosed in black brackets, new material is printed
in italic, existing law in which no change is proposed is shown
in roman):
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION ACT OF 1958
TITLE III--NATIONAL SPACE PROGRAM
SEC. 301. INDEPENDENT LIFE-CYCLE COST ANALYSIS.
[42 U.S.C. 2459g]
(a) Requirement.--Before any funds may be obligated for
[Phase B] implementation of a project that is projected to cost
more than $150,000,000 in total project costs, the [Chief
Financial Officer] Administrator for the National Aeronautics
and Space Administration shall conduct and consider an
independent life-cycle cost analysis of such project and shall
report the results to Congress. In developing cost accounting
and reporting standards for carrying out this section, the
[Chief Financial Officer] Administrator shall, to the extent
practicable and consistent with other laws, solicit the advice
of expertise outside of the National Aeronautics and Space
Administration.
[(b) Definition.--For purposes of this section, the term
``Phase B'' means the latter stages of project formulation,
during which the final definition of a project is carried out
and before project implementation (which includes the Design,
Development, and Operations Phases) begins.]
(b) Implementation Defined.--In this section, the term
``implementation'' means all activity in the life cycle of a
program or project after preliminary design, independent
assessment of the preliminary design, and approval to proceed
into implementation, including critical design, development,
certification, launch, operations, disposal of assets, and, for
technology programs, development, testing, analysis and
communication of the results to the customers.
* * * * * * *
SEC. 305. PROPERTY RIGHTS IN INVENTIONS.
[42 U.S.C. 2457]
(a) Exclusive Property of United States; Issuance of
Patent.--Whenever any invention is made in the performance of
any work under any contract of the Administration, and the
Administrator determines that--
(1) the person who made the invention was employed or
assigned to perform research, development, or
exploration work and the invention is related to the
work he was employed or assigned to perform, or that it
was within the scope of his employment duties, whether
or not it was made during working hours, or with a
contribution by the Government of the use of Government
facilities, equipment, materials, allocated funds,
information proprietary to the Government, or services
of Government employees during working hours; or
(2) the person who made the invention was not
employed or assigned to perform research, development,
or exploration work, but the invention is nevertheless
related to the contract, or to the work or duties he
was employed or assigned to perform, and was made
during working hours, or with a contribution from the
Government of the sort referred to in clause (1), such
invention shall be the exclusive property of the United
States, and if such invention is patentable a patent
therefor shall be issued to the United States upon
application made by the Administrator, unless the
Administrator waives all or any part of the rights of
the United States to such invention in conformity with
the provisions of subsection (f) of this section.
(b) Contract Provisions for Furnishing Reports of Inventions,
Discoveries, Improvements, or Innovations.--Each contract
entered into by the Administrator with any party for the
performance of any work shall contain effective provisions
under which such party shall furnish promptly to the
Administrator a written report containing full and complete
technical information concerning any invention, discovery,
improvement, or innovation which may be made in the performance
of any such work.
(c) Patent Application.--No patent may be issued to any
applicant other than the Administrator for any invention which
appears to the Under Secretary of Commerce for Intellectual
Property and Director of the United States Patent and Trademark
Office (hereafter in this section referred to as the
``Director'') to have significant utility in the conduct of
aeronautical and space activities unless the applicant files
with the Director, with the application or within thirty days
after request therefor by the Director, a written statement
executed under oath setting forth the full facts concerning the
circumstances under which such invention was made and stating
the relationship (if any) of such invention to the performance
of any work under any contract of the Administration. Copies of
each such statement and the application to which it relates
shall be transmitted forthwith by the Director to the
Administrator.
(d) Issuance of Patent to Applicant; Request by
Administrator; Notice; Hearing; Determination; Review.--Upon
any application as to which any such statement has been
transmitted to the Administrator, the Director may, if the
invention is patentable, issue a patent to the applicant unless
the Administrator, within ninety days after receipt of such
application and statement, requests that such patent be issued
to him on behalf of the United States. If, within such time,
the Administrator files such a request with the Director, the
Director shall transmit notice thereof to the applicant, and
shall issue such patent to the Administrator unless the
applicant within thirty days after receipt of such notice
requests a hearing before the Board of Patent Appeals and
Interferences on the question whether the Administrator is
entitled under this section to receive such patent. The Board
may hear and determine, in accordance with rules and procedures
established for interference cases, the question so presented,
and its determination shall be subject to appeal by the
applicant or by the Administrator to the United States Court of
Appeals for the Federal Circuit in accordance with procedures
governing appeals from decisions of the Board of Patent Appeals
and Interferences in other proceedings.
(e) False Representations; Request for Transfer of Title to
Patent; Notice; Hearing; Determination; Review.--Whenever any
patent has been issued to any applicant in conformity with
subsection (d), and the Administrator thereafter has reason to
believe that the statement filed by the applicant in connection
therewith contained any false representation of any material
fact, the Administrator within five years after the date of
issuance of such patent may file with the Director a request
for the transfer to the Administrator of title to such patent
on the records of the Director. Notice of any such request
shall be transmitted by the Director to the owner of record of
such patent, and title to such patent shall be so transferred
to the Administrator unless within thirty days after receipt of
such notice such owner of record requests a hearing before the
Board of Patent Appeals and Interferences on the question
whether any such false representation was contained in such
statement. Such question shall be heard and determined, and
determination thereof shall be subject to review, in the manner
prescribed by subsection (d) for questions arising thereunder.
No request made by the Administrator under this subsection for
the transfer of title to any patent, and no prosecution for the
violation of any criminal statute, shall be barred by any
failure of the Administrator to make a request under subsection
(d) for the issuance of such patent to him, or by any notice
previously given by the Administrator stating that he had no
objection to the issuance of such patent to the applicant
therefor.
(f) Waiver of Rights to Inventions; Inventions and
Contributions Board.--Under such regulations in conformity with
this subsection as the Administrator shall prescribe, he may
waive all or any part of the rights of the United States under
this section with respect to any invention or class of
inventions made or which may be made by any person or class of
persons in the performance of any work required by any contract
of the Administration if the Administrator determines that the
interests of the United States will be served thereby. Any such
waiver may be made upon such terms and under such conditions as
the Administrator shall determine to be required for the
protection of the interests of the United States. Each such
waiver made with respect to any invention shall be subject to
the reservation by the Administrator of an irrevocable,
nonexclusive, nontransferable, royalty-free license for the
practice of such invention throughout the world by or on behalf
of the United States or any foreign government pursuant to any
treaty or agreement with the United States. Each proposal for
any waiver under this subsection shall be referred to an
Inventions and Contributions Board which shall be established
by the Administrator within the Administration. Such Board
shall accord to each interested party an opportunity for
hearing, and shall transmit to the Administrator its findings
of fact with respect to such proposal and its recommendations
for action to be taken with respect thereto.
(g) Assignment of Patent Rights, Etc.--
(1) In general.--Under agreements entered into
pursuant to paragraph (5) or (6) of section 203(c) of
this Act (42 U.S.C. 2473(c)(5) or (6)), the
Administrator may--
(A) grant or agree to grant in advance to a
participating party, patent licenses or
assignments, or options thereto, in any
invention made in whole or in part by an
Administration employee under the agreement; or
(B) subject to section 209 of title 35, grant
a license to an invention which is Federally
owned, for which a patent application was filed
before the signing of the agreement, and
directly within the scope of the work under the
agreement, for reasonable compensation when
appropriate.
(2) Exclusivity.--The Administrator shall ensure,
through such agreement, that the participating party
has the option to choose an exclusive license for a
pre-negotiated field of use for any such invention
under the agreement or, if there is more than 1
participating party, that the participating parties are
offered the option to hold licensing rights that
collectively encompass the rights that would be held
under such an exclusive license by one party.
(3) Conditions.--In consideration for the
Government's contribution under the agreement, grants
under this subsection shall be subject to the following
explicit conditions:
(A) A nonexclusive, nontransferable,
irrevocable, paid-up license from the
participating party to the Administration to
practice the invention or have the invention
practiced throughout the world by or on behalf
of the Government. In the exercise of such
license, the Government shall not publicly
disclose trade secrets or commercial or
financial information that is privileged or
confidential within the meaning of section 552
(b)(4) of title 5, United States Code, or which
would be considered as such if it had been
obtained from a non-Federal party.
(B) If the Administration assigns title or
grants an exclusive license to such an
invention, the Government shall retain the
right--
(i) to require the participating
party to grant to a responsible
applicant a nonexclusive, partially
exclusive, or exclusive license to use
the invention in the applicant's
licensed field of use, on terms that
are reasonable under the circumstances;
or
(ii) if the participating party fails
to grant such a license, to grant the
license itself.
(C) The Government may exercise its right
retained under subparagraph (B) only in
exceptional circumstances and only if the
Government determines that--
(i) the action is necessary to meet
health or safety needs that are not
reasonably satisfied by the
participating party;
(ii) the action is necessary to meet
requirements for public use specified
by Federal regulations, and such
requirements are not reasonably
satisfied by the participating party;
or
(iii) the action is necessary to
comply with an agreement containing
provisions described in section
12(c)(4)(B) of the Stevenson-Wydler
Technology Innovation Act of 1980 (15
U.S.C. 3710a(c)(4)(B)).
(4) Appeal and review of determination.--A
determination under paragraph (3)(C) is subject
to administrative appeal and judicial review
under section 203(b) of title 35, United States
Code.
(g) [Repealed]
(h) Protection of Title.--The Administrator is authorized to
take all suitable and necessary steps to protect any invention
or discovery to which he has title, and to require that
contractors or persons who retain title to inventions or
discoveries under this section protect the inventions or
discoveries to which the Administration has or may acquire a
license of use.
(i) Administration as Defense Agency.--The Administration
shall be considered a defense agency of the United States for
the purpose of chapter 17 of title 35 of the United States Code
(35 U.S.C.S 181 et seq.).
(j) Definitions.--As used in this section--
(1) the term ``person'' means any individual,
partnership, corporation, association, institution, or
other entity;
(2) the term ``contract'' means any actual or
proposed contract, agreement, understanding, or other
arrangement, and includes any assignment, substitution
of parties, or subcontract executed or entered into
thereunder; and
(3) the term ``made'', when used in relation to any
invention, means the conception or first actual
reduction to practice of such invention.
(k) Objects Intended for Launch, Launched, or Assembled in
Outer Space.--Any object intended for launch, launched, or
assembled in outer space shall be considered a vehicle for the
purpose of section 272 of title 35, United States Code.
(l) Use or Manufacture of Patented Inventions Incorporated in
Space Vehicles Launched for Persons Other than United States.--
The use or manufacture of any patented invention incorporated
in a space vehicle launched by the United States Government for
a person other than the United States shall not be considered
to be a use or manufacture by or for the United States within
the meaning of section 1498(a) of title 28, United States Code,
unless the Administration gives an express authorization or
consent for such use or manufacture.
* * * * * * *
SEC. 309. EXPERIMENTAL AEROSPACE VEHICLE.
[42 U.S.C. 2458c]
(a) In General.--The Administrator may provide liability
insurance for, or indemnification to, the developer of an
experimental aerospace vehicle developed or used in execution
of an agreement between the Administration and the developer.
(b) Terms and Conditions.--
(1) In general.--Except as otherwise provided in this
section, the insurance and indemnification provided by
the Administration under subsection (a) to a developer
shall be provided on the same terms and conditions as
insurance and indemnification is provided by the
Administration under section 308 of this Act (42 U.S.C.
2458b) to the user of a space vehicle.
(2) Insurance.--
(A) In general.--A developer shall obtain
liability insurance or demonstrate financial
responsibility in amounts to compensate for the
maximum probable loss from claims by--
(i) a third party for death, bodily
injury, or property damage, or loss
resulting from an activity carried out
in connection with the development or
use of an experimental aerospace
vehicle; and
(ii) the United States Government for
damage or loss to Government property
resulting from such an activity.
(B) Maximum required.--The Administrator
shall determine the amount of insurance
required, but, except as provided in
subparagraph (C), that amount shall not be
greater than the amount required under section
70112(a)(3) of title 49, United States Code,
for a launch. The Administrator shall publish
notice of the Administrator's determination and
the applicable amount or amounts in the Federal
Register within 10 days after making the
determination.
(C) Increase in dollar amounts.--The
Administrator may increase the dollar amounts
set forth in section 70112(a)(3)(A) of title
49, United States Code, for the purpose of
applying that section under this section to a
developer after consultation with the
Comptroller General and such experts and
consultants as may be appropriate, and after
publishing notice of the increase in the
Federal Register not less than 180 days before
the increase goes into effect. The
Administrator shall make available for public
inspection, not later than the date of
publication of such notice, a complete record
of any correspondence received by the
Administration, and a transcript of any
meetings in which the Administration
participated, regarding the proposed increase.
(D) Safety review required before
administrator provides insurance.--The
Administrator may not provide liability
insurance or indemnification under subsection
(a) unless the developer establishes to the
satisfaction of the Administrator that
appropriate safety procedures and practices are
being followed in the development of the
experimental aerospace vehicle.
(3) No indemnification without cross-waiver.--
Notwithstanding subsection (a), the Administrator may
not indemnify a developer of an experimental aerospace
vehicle under this section unless there is an agreement
between the Administration and the developer described
in subsection (c).
(4) Application of certain procedures.--If the
Administrator requests additional appropriations to
make payments under this section, like the payments
that may be made under section 308(b) of this Act (42
U.S.C. 2458b(b)), then the request for those
appropriations shall be made in accordance with the
procedures established by subsections (d) and (e) of
section 70113 of title 49, United States Code.
(c) Cross-waivers.--
(1) Administrator authorized to waive.--The
Administrator, on behalf of the United States, and its
departments, agencies, and instrumentalities, may
reciprocally waive claims with a developer or
cooperating party and with the related entities of that
developer or cooperating party under which each party
to the waiver agrees to be responsible, and agrees to
ensure that its own related entities are responsible,
for damage or loss to its property for which it is
responsible, or for losses resulting from any injury or
death sustained by its own employees or agents, as a
result of activities connected to the agreement or use
of the experimental aerospace vehicle.
(2) Limitations.--
(A) Claims.--A reciprocal waiver under
paragraph (1) may not preclude a claim by any
natural person (including, but not limited to,
a natural person who is an employee of the
United States, the developer, the cooperating
party, or their respective subcontractors) or
that natural person's estate, survivors, or
subrogees for injury or death, except with
respect to a subrogee that is a party to the
waiver or has otherwise agreed to be bound by
the terms of the waiver.
(B) Liability for negligence.--A reciprocal
waiver under paragraph (1) may not absolve any
party of liability to any natural person
(including, but not limited to, a natural
person who is an employee of the United States,
the developer, the cooperating party, or their
respective subcontractors) or such a natural
person's estate, survivors, or subrogees for
negligence, except with respect to a subrogee
that is a party to the waiver or has otherwise
agreed to be bound by the terms of the waiver.
(C) Indemnification for damages.--A
reciprocal waiver under paragraph (1) may not
be used as the basis of a claim by the
Administration, or the developer or cooperating
party, for indemnification against the other
for damages paid to a natural person, or that
natural person's estate, survivors, or
subrogees, for injury or death sustained by
that natural person as a result of activities
connected to the agreement or use of the
experimental aerospace vehicle.
(D) Willful misconduct.--A reciprocal waiver
under paragraph (1) may not relieve the United
States, the developer, the cooperating party,
or the related entities of the developer or
cooperating party, of liability for damage or
loss resulting from willful misconduct.
(3) Effect on previous waivers.--Subsection (c)
applies to any waiver of claims entered into by the
Administration without regard to whether it was entered
into before, on, or after the date of the enactment of
this Act.
(d) Definitions.--In this section:
(1) Cooperating party.--The term ``cooperating
party'' means any person who enters into an agreement
with the Administration for the performance of
cooperative scientific, aeronautical, or space
activities to carry out the purposes of this Act.
(2) Developer.--The term ``developer'' means a United
States person (other than a natural person) who--
(A) is a party to an agreement with the
Administration for the purpose of developing
new technology for an experimental aerospace
vehicle;
(B) owns or provides property to be flown or
situated on that vehicle; or
(C) employs a natural person to be flown on
that vehicle.
(3) Experimental aerospace vehicle.--The term
``experimental aerospace vehicle'' means an object
intended to be flown in, or launched into, orbital or
suborbital flight for the purpose of demonstrating
technologies necessary for a reusable launch vehicle,
developed under an agreement between the Administration
and a developer.
(4) Related entity.--The term ``related entity''
includes a contractor or subcontractor at any tier, a
supplier, a grantee, and an investigator or detailee.
(e) Relationship to Other Laws.--
(1) Section 308.--This section does not apply to any
object, transaction, or operation to which section 308
of this Act (42 U.S.C. 2458b) applies.
(2) Chapter 701 of title 49, United States Code.--The
Administrator may not provide indemnification to a
developer under this section for launches subject to
license under section 70117(g)(1) of title 49, United
States Code.
(f) Termination.--
(1) In general.--The provisions of this section shall
terminate on [December 31, 2002,] December 31, 2007,
except that the Administrator may extend the
termination date to a date not later than [September
30, 2005,] December 31, 2009, if the Administrator
determines that such extension is in the interests of
the United States.
(2) Effect of termination on agreement.--The
termination of this section shall not terminate or
otherwise affect any cross-waiver agreement, insurance
agreement, indemnification agreement, or other
agreement entered into under this section, except as
may be provided in that agreement.''.
* * * * * * *
SEC. 315. ENHANCED-USE LEASE OF REAL PROPERTY DEMONSTRATION.
[42 U.S.C. 2459j]
[(a) In general.--Notwithstanding any other provision of law,
the Administrator may enter into a lease under this section
with any person or entity (including another department or
agency of the Federal Government or an entity of a State or
local government) with regard to any real property under the
jurisdiction of the Administrator at no more than two (2)
National Aeronautics and Space Administration (NASA) centers.]
[(b)] (a) Consideration.--
(1) A person or entity entering into a lease under
this section shall provide consideration for the lease
at fair market value as determined by the
Administrator, except that in the case of a lease to
another department or agency of the Federal Government,
that department or agency shall provide consideration
for the lease equal to the full costs to NASA in
connection with the lease.
(2) Consideration under this subsection may take one
or a combination of the following forms--
(A) the payment of cash;
(B) the maintenance, construction,
modification or improvement of facilities on
real property under the jurisdiction of the
Administrator;
(C) the provision of services to NASA,
including launch services and payload
processing services; or
(D) use by NASA of facilities on the
property.
(3) (A) The Administrator may utilize amounts of cash
consideration received under this subsection for a
lease entered into under this section to cover the full
costs to NASA in connection with the lease. These funds
shall remain available until expended.
(B) Any amounts of cash consideration
received under this subsection that are not
utilized in accordance with subparagraph (A)
shall be deposited in a capital asset account
to be established by the Administrator, shall
be available for maintenance, capital
revitalization, and improvements of the real
property assets of the centers selected for
this demonstration program, and shall remain
available until expended.
[(c)] (b) Additional Terms and Conditions.--The Administrator
may require such terms and conditions in connection with a
lease under this section as the Administrator considers
appropriate to protect the interests of the United States.
[(d)] (c) Relationship to Other Lease Authority.--The
authority under this section to lease property of NASA is in
addition to any other authority to lease property of NASA under
law.
[(e)] (d) Lease Restrictions.--NASA is not authorized to
lease back property under this section during the term of the
out-lease or enter into other contracts with the lessee
respecting the property.
[(f)] (e) Plan and Reporting Requirements.--At least 15 days
prior to the Administrator entering into the first lease under
this section, the Administrator shall submit a plan to the
Congress on NASA's proposed implementation of this
demonstration. The Administrator shall submit an annual report
by January 31st of each year regarding the status of the
demonstration.
SEC. 316. PROGRAM ON COMPETITIVE AWARD OF PRIZES TO ENCOURAGE
DEVELOPMENT OF ADVANCED SPACE AND AERONAUTICAL
TECHNOLOGIES.
(a) Program Authorized.--
(1) In general.--The Administrator may carry out a
program to award 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.
(2) Use of prize authority.--In carrying out the
program, the Administrator shall seek to develop and
support technologies and areas identified in section
134 of this Act or other areas that the Administrator
determines to be providing impetus to NASA's overall
exploration and science architecture and plans, such as
private efforts to detect near-Earth objects and, where
practicable, utilize the prize winner's technologies in
fulfilling NASA's missions. The Administrator shall
widely advertise any competitions conducted under the
program and must include advertising to research
universities.
(3) Coordination.--The program shall be implemented
in compliance with section 138 of the National
Aeronautics and Space Administration Authorization Act
of 2005.
(b) Program Requirements.--
(1) Competitive process.--Recipients of prizes under
the program under this section shall be selected
through one or more competitions conducted by the
Administrator.
(2) Advertising.--The Administrator shall widely
advertise any competitions conducted under the program.
(c) Registration; Assumption of Risk.--
(1) Registration.--Each potential recipient of a
prize in a competition under the program under this
section shall register for the competition.
(2) Assumption of risk.--In registering for a
competition under paragraph (1), a potential recipient
of a prize shall assume any and all risks, and waive
claims against the United States Government and its
related entities, for any injury, death, damage, or
loss of property, revenue, or profits, whether direct,
indirect, or consequential, arising from participation
in the competition, whether such injury, death, damage,
or loss arises through negligence or otherwise, except
in the case of willful misconduct.
(3) Related entity defined.--In this subsection, the
term ``related entity'' includes a contractor or
subcontractor at any tier, a supplier, user, customer,
cooperating party, grantee, investigator, or detailee.
(d) Limitations.--
(1) Total amount.--The total amount of cash prizes
available for award in competitions under the program
under this section in any fiscal year may not exceed
$50,000,000.
(2) Approval required for large prizes.--No
competition under the program may result in the award
of more than $1,000,000 in cash prizes without the
approval of the Administrator or a designee of the
Administrator.
(e) Relationship to Other Authority.--The Administrator may
utilize the authority in this section in conjunction with or in
addition to the utilization of any other authority of the
Administrator to acquire, support, or stimulate basic and
applied research, technology development, or prototype
demonstration projects.
(f) Availability of Funds.--Funds appropriated for the
program authorized by this section shall remain available until
expended.
SEC. 317. RETROCESSION OF JURISDICTION.
Notwithstanding any other provision of law, the Administrator
may, whenever the Administrator considers it desirable,
relinquish to a State all or part of the legislative
jurisdiction of the United States over lands or interests under
the Administrator's control in that State. Relinquishment of
legislative jurisdiction under this section may be accomplished
(1) by filing with the Governor of the State concerned a notice
of relinquishment to take effect upon acceptance thereof, or
(2) as the laws of the State may otherwise provide.
SEC. 318. RECOVERY AND DISPOSITION AUTHORITY.
(a) In General.--
(1) Control of remains.--Subject to paragraph (2),
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 crewmember and order autopsies and other
scientific or medical tests.
(2) Treatment.--Each crewmember shall provide the
Administrator with his or her preferences regarding the
treatment accorded to his or her remains and the
Administrator shall, to the extent possible, respect
those stated preferences.
(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) 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. 319. ELECTRONIC ACCESS TO BUSINESS OPPORTUNITIES.
(a) In General.--The Administrator may implement a pilot
program providing for reduction in the waiting period between
publication of notice of a proposed contract action and release
of the solicitation for procurements conducted by the National
Aeronautics and Space Administration.
(b) Applicability.--The program implemented under subsection
(a) shall apply to non-commercial acquisitions--
(1) with a total value in excess of $100,000 but not
more than $5,000,000, including options;
(2) that do not involve bundling of contract
requirements as defined in section 3(o) of the Small
Business Act (15 U.S.C. 632(o)); and
(3) for which a notice is required by section 8(e) of
the Small Business Act (15 U.S.C. 637(e)) and section
18(a) of the Office of Federal Procurement Policy Act
(41 U.S.C. 416(a)).
(c) Notice.--
(1) Notice of acquisitions subject to the program
authorized by this section shall be made accessible
through the single Government-wide point of entry
designated in the Federal Acquisition Regulation,
consistent with section 30(c)(4) of the Office of
Federal Procurement Policy Act (41 U.S.C. 426(c)(4)).
(2) Providing access to notice in accordance with
paragraph (1) satisfies the publication requirements of
section 8(e) of the Small Business Act (15 U.S.C.
637(e)) and section 18(a) of the Office of Federal
Procurement Policy Act (41 U.S.C. 416(a)).
(d) Solicitation.--Solicitations subject to the program
authorized by this section shall be made accessible through the
Government-wide point of entry, consistent with requirements
set forth in the Federal Acquisition Regulation, except for
adjustments to the wait periods as provided in subsection (e).
(e) Wait Period.--
(1) Whenever a notice required by section 8(e)(1)(A)
of the Small Business Act (15 U.S.C. 637(e)(1)(A)) and
section 18(a) of the Office of Federal Procurement
Policy Act (41 U.S.C. 416(a)) is made accessible in
accordance with subsection (c) of this section, the
wait period set forth in section 8(e)(3)(A) of the
Small Business Act (15 U.S.C. 637(e)(3)(A)) and section
18(a)(3)(A) of the Office of Federal Procurement Policy
Act (41 U.S.C. 416(a)(3)(A)), shall be reduced by 5
days. If the solicitation applying to that notice is
accessible electronically in accordance with subsection
(d) simultaneously with issuance of the notice, the
wait period set forth in section 8(e)(3)(A) of the
Small Business Act (15 U.S.C. 637(e)(3)(A)) and section
18(a)(3)(A) of the Office of Federal Procurement Policy
Act (41 U.S.C. 416(a)(3)(A)) shall not apply and the
period specified in section 8(e)(3)(B) of the Small
Business Act and section 18(a)(3)(B) of the Office of
Federal Procurement Policy Act for submission of bids
or proposals shall begin to run from the date the
solicitation is electronically accessible.
(2) When a notice and solicitation are made
accessible simultaneously and the wait period is waived
pursuant to paragraph (1), the deadline for the
submission of bids or proposals shall be not less than
5 days greater than the minimum deadline set forth in
section 8(e)(3)(B) of the Small Business Act (15 U.S.C.
637(e)(3)(B)) and section 18(a)(3)(B) of the Office of
Federal Procurement Policy Act (41 U.S.C.
416(a)(3)(B)).
(f) Implementation.--
(1) Nothing in this section shall be construed as
modifying regulatory requirements set forth in the
Federal Acquisition Regulation, except with respect
to--
(A) the applicable wait period between
publication of notice of a proposed contract
action and release of the solicitation; and
(B) the deadline for submission of bids or
proposals for procurements conducted in
accordance with the terms of this pilot
program.
(2) This section shall not apply to the extent the
President determines it is inconsistent with any
international agreement to which the United States is a
party.
(g) Study.--Within 18 months after the effective date of the
program, NASA, in coordination with the Small Business
Administration, the General Services Administration, and the
Office of Management and Budget, shall evaluate the impact of
the pilot program and submit to Congress a report that--
(1) sets forth in detail the results of the test,
including the impact on competition and small business
participation; and
(2) addresses whether the pilot program should be
made permanent, continued as a test program, or allowed
to expire.
(h) Regulations.--The Administrator shall publish proposed
revisions to the NASA Federal Acquisition Regulation Supplement
necessary to implement this section in the Federal Register not
later than 120 days after the date of enactment of the National
Aeronautics and Space Administration Authorization Act of 2005.
The Administrator shall--
(1) make the proposed regulations available for
public comment for a period of not less than 60 days;
and
(2) publish final regulations in the Federal Register
not later than 240 days after the date of enactment of
that Act.
(i) Effective Date.--
(1) In general.--The pilot program authorized by this
section shall take effect on the date specified in the
final regulations promulgated pursuant to subsection
(h)(2).
(2) Limitation.--The date so specified shall be no
less than 30 days after the date on which the final
regulation is published.
(j) Expiration of Authority.--The authority to conduct the
pilot program under subsection (a) and to award contracts under
such program shall expire 2 years after the effective date
established in the final regulations published in the Federal
Register under subsection (h)(2).
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION ACT OF 1968
SEC. 6. AEROSPACE SAFETY ADVISORY PANEL; MEMBERSHIP; APPOINTMENT; TERM;
POWERS AND DUTIES OF PANEL; CHAIRMAN; COMPENSATION,
TRAVEL AND OTHER NECESSARY EXPENSES; NASA
MEMBERSHIP RESTRICTION
[42 U.S.C. 2477]
(a) In General._There is hereby established an Aerospace
Safety Advisory Panel consisting of a maximum of nine members
who shall be appointed by the Administrator for terms of six
years each. The Panel shall review safety studies and
operations plans referred [to it] to it, including evaluating
NASA's compliance with the return-to-flight and continue-to-fly
recommendations of the Columbia Accident Investigation Board,
and shall make reports thereon, shall advise the Administrator
and the Congress with respect to the hazards of proposed or
existing facilities and proposed operations [and with respect
to the adequacy of proposed or existing safety standards and
shall] with respect to the adequacy of proposed or existing
safety standards, and with respect to management and culture.
The Panel shall also perform such other duties as the
Administrator may request. One member shall be designated by
the Panel as its Chairman. Members of the Panel who are
officers or employees of the Federal Government shall receive
no compensation for their services as such, but shall be
allowed necessary travel expenses (or in the alternative,
mileage for use of privately owned vehicles and a per diem in
lieu of subsistence not to exceed the rates and amounts
prescribed in 5 U.S.C 5702, 5704, and other necessary expenses
incurred by them in the performance of duties vested in the
Panel, without regard to the provisions of subchapter I,
chapter 57 of title 5 of the United States Code, the
Standardized Government Travel Regulations, or 5 U.S.C. 5731.
Members of the Panel appointed from outside the Federal
Government shall each receive compensation at a rate not to
exceed the per diem rate equivalent to the rate for GS-18 for
each day such member is engaged in the actual performance of
duties vested in the Panel in addition to reimbursement for
travel, subsistence, and other necessary expenses in accordance
with the provisions of the foregoing sentence. Not more than
four such members shall be chosen from among the officers and
employees of the National Aeronautics and Space Administration.
(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
Aeronautics and Space Administration Authorization Act of 2005,
the Panel shall include an evaluation of NASA's safety
management culture.
(c) Sense of the Congress.--It is the sense of the Congress
that the Administrator should--
(1) ensure that NASA employees can raise safety
concerns without fear of reprisal;
(2) continue to follow the recommendations of the
Columbia Accident Investigation Board for safely
returning and continuing to fly; and
(3) continue to inform the Congress from time to time
of NASA's progress in meeting those recommendations.
DEPARTMENTS OF VETERANS AFFAIRS AND HOUSE AND URBAN DEVELOPMENT, AND
INDEPENDENT AGENCIES APPROPRIATIONS ACT, 1990
Title III
INDEPENDENT AGENCIES
SMALL AND DISADVANTAGED BUSINESSES
[42 U.S.C. 2473b]
The NASA Administrator shall annually establish a goal of at
least 8 per centum of the total value of prime and subcontracts
awarded in support of authorized programs, including the space
station by the time operational status is obtained, which funds
will be made available to small business concerns or other
organizations owned or controlled by socially and economically
disadvantaged individuals (within the meaning of section
8(a)(5) and (6) of the Small Business Act (15 U.S.C.
637(a)(5)(6)), including [Historically Black Colleges and
Universities and] 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 institutions (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
minority educational institutions (as defined by the Secretary
of Education pursuant to the General Education Provisions Act
(20 U.S.C. 1221 et seq.)). To facilitate progress in reaching
this goal, the NASA Administrator shall submit within one year
from enactment of this Act (enacted Nov. 9, 1989) a plan
describing the process to be followed to achieve the prescribed
level of participation in the shortest practicable time.
FEDERAL AVIATION ADMINISTRATION RESEARCH, ENGINEERING, AND DEVELOPMENT
AUTHORIZAION ACT OF 1992
[49 U.S.C. 47508 note]
[SEC. 304. AIRCRAFT NOISE RESEARCH PROGRAM.
[(a) Establishment.--The Administrator of the Federal
Aviation Administration and the Administrator of the National
Aeronautics and Space Administration shall jointly conduct a
research program to develop new technologies for quieter
subsonic jet aircraft engines and airframes.
[(b) Goal.--The goal of the research program established by
subsection (a) is to develop by the year 2000 technologies for
subsonic jet aircraft engines and airframes which would permit
a subsonic jet aircraft to operate at reduced noise levels.
[(c) Participation.--In carrying out the program established
by subsection (a), the Administrator of the Federal Aviation
Administration and the Administrator of the National
Aeronautics and Space Administration shall encourage the
participation of representatives of the aviation industry and
academia.
[(d) Report to Congress.--The Administrator of the Federal
Aviation Administration and the Administrator of the National
Aeronautics and Space Administration shall jointly submit to
Congress, on an annual basis during the term of the program
established by subsection (a), a report on the progress being
made under the program toward meeting the goal described in
subsection (b).]
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION AUTHORIZATION ACT, FISCAL
YEAR 1993
SEC. 315. BIOMEDICAL RESEARCH JOINT WORKING GROUP.
[42 U.S.C. 2487a]
(a) Establishment.--The Administrator (of the National
Aeronautics and Space Administration) and the Director of the
National Institutes of Health shall jointly establish a working
group to coordinate biomedical research activities in areas
where a microgravity environment may contribute to significant
progress in the understanding and treatment of diseases and
other medical conditions. The joint working group shall
formulate joint and complementary programs in such areas of
research.
(b) Membership.--The joint working group shall include equal
representation from the National Aeronautics and Space
Administration and the National Institutes of Health, and shall
include representation from National Institutes of Health
councils, as selected by the Director of the National
Institutes of Health, and from the National Aeronautics and
Space Administration Advisory Council.
[(c) Annual Reporting Requirement.--The joint working group
shall report annually to Congress on its progress in carrying
out this section. (d) Annual biomedical research symposia. The
working group shall organize annual symposia on biomedical
research described in subsection (a) under the joint
sponsorship of the National Aeronautics and Space
Administration and the National Institutes of Health.]
[(d)] (c) Annual Biomedical Research Symposia.--The working
group shall organize annual symposia on biomedical research
described in subsection (a) under the joint sponsorship of the
National Aeronautics and Space Administration and the National
Institutes of Health.
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION AUTHORIZATION ACT OF 2000
[42 U.S.C. 2451 note]
[SEC. 201. INTERNATIONAL SPACE STATION CONTINGENCY PLAN.
[It is the purpose of this title to establish a National
Commission on Space that will assist the United States--
[(1) to define the long-range needs of the Nation
that may be fulfilled through the peaceful uses of
outer space;
[(2) to maintain the Nation's preeminence in space
science, technology, and applications;
[(3) to promote the peaceful exploration and
utilization of the space environment; and
[(4) to articulate goals and develop options for the
future direction of the Nation's civilian space
program.]
* * * * * * *
[SEC. 323. AERONAUTICAL RESEARCH.
[(a) Flight Research Study.--
[(1) In general.--Within 6 months after the date of
the enactment of this Act, the Administrator shall
provide to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Science of the House of Representatives the results of
an engineering study of the modifications necessary for
the more effective use of the WB-57 flight research
plan.
[(2) Contents of study.--The engineering study
provided by the Administrator under paragraph (1) shall
address at least the following issues:
[(A) Replacement of autopilot.
[(B) Replacement of landing gear or improved
brake system.
[(C) Upgrade of avionics.
[(D) Upgrade of engines for higher flight
regimes.
[(E) Installation of winglets on aircraft
wings.
[(F) Research benefits to be derived from
modifications of plane.
[(G) Associated costs of each of the
modifications.
[(b) Aircraft Icing Research Plan.--
[(1) In general--.Within 90 days after the date of
the enactment of this Act, the Administrator shall
submit a plan to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Science of the House of Representatives for aircraft
icing research to be conducted over the 5-year period
commencing on October 1, 2000.
[(2) Contents of the plan.--The aircraft icing
research plan submitted by the Administrator under
paragraph (1) shall include at least the following
items:
[(A) Research goals and objectives.
[(B) Funding levels for each of the 5 fiscal
years.
[(C) Anticipated extent and nature of
involvement in the research program by
agencies, organizations, and companies, both
domestic and foreign, other than the National
Aeronautics and Space Administration.
[(D) Anticipated resource requirements and
locations of aircraft icing tunnel research and
flight research for each of the 5 fiscal
years.]