[House Report 109-354]
[From the U.S. Government Publishing Office]
109th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 109-354
======================================================================
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION AUTHORIZATION ACT OF 2005
_______
December 16, 2005.--Ordered to be printed
_______
Mr. Boehlert, from the Committee on Conference, submitted the following
CONFERENCE REPORT
[To accompany S. 1281]
The Committee of conference on the disagreeing votes of
the two Houses on the amendment of the House to the bill (S.
1281), 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 met, after full and free conference, have agreed
to recommend and do recommend to their respective Houses as
follows:
That the Senate recede from its disagreement to the
amendment of the House to the text of the bill and agree to the
same with an amendment as follows:
In lieu of the matter proposed to be inserted by the
House amendment, insert the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``National
Aeronautics and Space Administration Authorization Act of
2005''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--GENERAL PRINCIPLES AND REPORTS
Sec. 101. Responsibilities, policies, and plans.
Sec. 102. Reports.
Sec. 103. Baselines and cost controls.
Sec. 104. Prize authority.
Sec. 105. Foreign launch vehicles.
Sec. 106. Safety management.
Sec. 107. Lessons learned and best practices.
Sec. 108. Commercialization plan.
Sec. 109. Study on the feasibility of use of ground source heat pumps.
Sec. 110. Whistleblower protection.
TITLE II--AUTHORIZATION OF APPROPRIATIONS
Sec. 201. Structure of budget accounts.
Sec. 202. Fiscal year 2007.
Sec. 203. Fiscal year 2008.
Sec. 204. ISS research.
Sec. 205. Test facilities.
Sec. 206. Official representation fund.
Sec. 207. ISS cost cap.
TITLE III--SCIENCE
Subtitle A--General Provisions
Sec. 301. Performance assessments.
Sec. 302. Status on Hubble Space Telescope servicing mission.
Sec. 303. Independent assessment of Landsat-NPOESS integrated mission.
Sec. 304. Assessment of science mission extensions.
Sec. 305. Microgravity research.
Sec. 306. Coordination with the National Oceanic and Atmospheric
Administration.
Sec. 307. Review and report on Headquarters Earth-Sun System Applied
Sciences Program.
Subtitle B--Remote Sensing
Sec. 311. Definitions.
Sec. 312. General responsibilities.
Sec. 313. Pilot projects to encourage public sector applications.
Sec. 314. Program evaluation.
Sec. 315. Data availability.
Sec. 316. Education.
Subtitle C--George E. Brown, Jr. Near-Earth Object Survey
Sec. 321. George E. Brown, Jr. Near-Earth Object Survey.
TITLE IV--AERONAUTICS
Sec. 401. Definition.
Subtitle A--Governmental Interest in Aeronautics Research and
Development
Sec. 411. Governmental interest.
Subtitle B--High Priority Aeronautics Research and Development Programs
Sec. 421. Fundamental research program.
Sec. 422. Research and technology programs.
Sec. 423. Airspace systems research.
Sec. 424. Aviation safety and security research.
Sec. 425. Aviation weather research.
Sec. 426. Assessment of wake turbulence research and development
program.
Sec. 427. University-based Centers for Research on Aviation Training.
Subtitle C--Scholarships
Sec. 431. NASA aeronautics scholarships.
Subtitle D--Data Requests
Sec. 441. Aviation data requests.
TITLE V--HUMAN SPACE FLIGHT
Sec. 501. Space Shuttle follow-on.
Sec. 502. Transition.
Sec. 503. Requirements.
Sec. 504. Ground-based analog capabilities.
Sec. 505. ISS completion.
Sec. 506. ISS research.
Sec. 507. National laboratory designation.
TITLE VI--OTHER PROGRAM AREAS
Subtitle A--Space and Flight Support
Sec. 601. Orbital debris.
Sec. 602. Secondary payload capability.
Subtitle B--Education
Sec. 611. Institutions in NASA's minority institutions program.
Sec. 612. Program to expand distance learning in rural underserved
areas.
Sec. 613. Charles ``Pete'' Conrad Astronomy awards.
Sec. 614. Review of education programs.
Sec. 615. Equal access to NASA's education programs.
Sec. 616. Museums.
Sec. 617. Review of MUST program.
Sec. 618. Continuation of certain education programs.
Sec. 619. Implementation of previous recommendations.
Subtitle C--Technology Transfer
Sec. 621. Commercial technology transfer program.
TITLE VII--MISCELLANEOUS PROVISIONS
Subtitle A--National Aeronautics and Space Administration
Sec. 701. Retrocession of jurisdiction.
Sec. 702. Extension of indemnification.
Sec. 703. NASA scholarships.
Sec. 704. Independent cost analysis.
Sec. 705. Recovery and disposition authority.
Sec. 706. Changes to existing laws on reports.
Sec. 707. Small business contracting.
Sec. 708. NASA healthcare program.
Sec. 709. Offshore performance of contracts for the procurement of goods
and services.
Sec. 710. Study on enhanced use leasing.
Subtitle B--National Science Foundation
Sec. 721. Data on specific fields of study.
Sec. 722. National Science Foundation major research equipment and
facilities.
TITLE VIII--TASK FORCE AND COMMISSION
Subtitle A--International Space Station Independent Safety Task Force
Sec. 801. Establishment of task force.
Sec. 802. Tasks of the task force.
Sec. 803. Composition of the task force.
Sec. 804. Reporting requirements.
Sec. 805. Sunset.
Subtitle B--Human Space Flight Independent Investigation Commission
Sec. 821. Definitions.
Sec. 822. Establishment of Commission.
Sec. 823. Tasks of the Commission.
Sec. 824. Composition of Commission.
Sec. 825. Powers of Commission.
Sec. 826. Public meetings, information, and hearings.
Sec. 827. Staff of Commission.
Sec. 828. Compensation and travel expenses.
Sec. 829. Security clearances for Commission members and staff.
Sec. 830. Reporting requirements and termination.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator''
means the Administrator of the National Aeronautics and
Space Administration.
(2) ISS.--The term ``ISS'' means the International
Space Station.
(3) NASA.--The term ``NASA'' means the National
Aeronautics and Space Administration.
TITLE I--GENERAL PRINCIPLES AND REPORTS
SEC. 101. RESPONSIBILITIES, POLICIES, AND PLANS.
(a) General Responsibilities.--
(1) Programs.--The Administrator shall ensure that
NASA carries out a balanced set of programs that shall
include, at a minimum, programs in--
(A) human space flight, in accordance with
subsection (b);
(B) aeronautics research and development;
and
(C) scientific research, which shall
include, at a minimum--
(i) robotic missions to study the
Moon and other planets and their moons,
and to deepen understanding of
astronomy, astrophysics, and other
areas of science that can be
productively studied from space;
(ii) earth science research and
research on the Sun-Earth connection
through the development and operation
of research satellites and other means;
(iii) support of university
research in space science, earth
science, and microgravity science; and
(iv) research on microgravity,
including research that is not directly
related to human exploration.
(2) Consultation and coordination.--In carrying out
the programs of NASA, the Administrator shall--
(A) consult and coordinate to the extent
appropriate with other relevant Federal
agencies, including through the National
Science and Technology Council;
(B) work closely with the private sector,
including by--
(i) encouraging the work of
entrepreneurs who are seeking to
develop new means to launch satellites,
crew, or cargo;
(ii) contracting with the private
sector for crew and cargo services,
including to the International Space
Station, to the extent practicable;
(iii) using commercially available
products (including software) and
services to the extent practicable to
support all NASA activities; and
(iv) encouraging commercial use and
development of space to the greatest
extent practicable; and
(C) involve other nations to the extent
appropriate.
(b) Vision for Space Exploration.--
(1) In general.--The Administrator shall establish
a program to develop a sustained human presence on the
Moon, including a robust precursor program, to promote
exploration, science, commerce, and United States
preeminence in space, and as a stepping-stone to future
exploration of Mars and other destinations. The
Administrator is further authorized to develop and
conduct appropriate international collaborations in
pursuit of these goals.
(2) Milestones.--The Administrator shall manage
human space flight programs to strive to achieve the
following milestones (in conformity with section 503)--
(A) Returning Americans to the Moon no
later than 2020.
(B) Launching the Crew Exploration Vehicle
as close to 2010 as possible.
(C) Increasing knowledge of the impacts of
long duration stays in space on the human body
using the most appropriate facilities
available, including the ISS.
(D) Enabling humans to land on and return
from Mars and other destinations on a timetable
that is technically and fiscally possible.
(c) Aeronautics.--
(1) In general.--The President of the United
States, through an official the President shall
designate, and in consultation with appropriate Federal
agencies, shall develop a national policy to guide the
aeronautics research and development programs of the
United States through 2020. The policy shall include
national goals for aeronautics research and development
and shall describe the role and responsibilities of
each Federal agency that will carry out the policy. The
development of the policy shall utilize external
studies that have been conducted on the state of United
States aeronautics and aviation research and
development and have suggested policies to ensure
continued competitiveness.
(2) Content.--(A) At a minimum, the national
aeronautics research and development policy shall
describe for NASA--
(i) the priority areas of research for
aeronautics through fiscal year 2011;
(ii) the basis on which and the process by
which priorities for ensuing fiscal years will
be selected;
(iii) the facilities and personnel needed
to carry out the aeronautics program through
fiscal year 2011; and
(iv) the budget assumptions on which the
policy is based, which for fiscal years 2007
and 2008 shall be the authorized level for
aeronautics provided in title II of this Act.
(B) The policy shall be based on the premises
that--
(i) the Federal Government has an
established interest in conducting research and
development programs for improving the
usefulness, performance, speed, safety, and
efficiency of aeronautical vehicles, as
described in section 102(d)(2) of the National
Aeronautics and Space Act of 1958 (42 U.S.C.
2451(d)(2)); and
(ii) the Federal Government has an
established interest in conducting research and
development programs that help preserve the
role of the United States as a global leader in
aeronautical technologies and in their
application, as described in section 102(d)(5)
of the National Aeronautics and Space Act of
1958 (42 U.S.C. 2451(d)(5)).
(3) Considerations.--In developing the national
aeronautics research and development policy, the
President shall consider the following issues, which
shall be discussed in the transmittal under paragraph
(5):
(A) The extent to which NASA should focus
on long-term, high-risk research or more
incremental research, and the expected impact
of that decision on the United States economy,
and the ability to achieve environmental and
other public goals related to aeronautics.
(B) The extent to which NASA should address
military and commercial needs.
(C) How NASA will coordinate its
aeronautics program with other Federal
agencies.
(D) The extent to which NASA will conduct
research in-house, fund university research,
and collaborate on industry research, and the
expected impact of that mix of funding on the
supply of United States workers for the
aeronautics industry.
(E) The extent to which the priority areas
of research listed pursuant to paragraph (2)(A)
should include the activities authorized by
title IV of this Act, the discussion of which
shall include a priority ranking of all of the
activities authorized in title IV and an
explanation for that ranking.
(4) Consultation.--In the development of the
national aeronautics research and development policy,
the President shall consult widely with academic and
industry experts and with other Federal agencies. The
Administrator may enter into an arrangement with the
National Academy of Sciences to help develop the
policy.
(5) Schedule.--(A) Not later than 1 year after the
date of enactment of this Act, the President shall
transmit the national aeronautics research and
development policy to the Committee on Appropriations
of the House of Representatives, the Committee on
Appropriations of the Senate, the Committee on Science
of the House of Representatives, and the Committee on
Commerce, Science, and Transportation of the Senate.
(B) Not later than 60 days after the transmittal of
the policy under subparagraph (A), the Administrator
shall transmit to the Committee on Appropriations of
the House of Representatives, the Committee on
Appropriations of the Senate, the Committee on Science
of the House of Representatives, and the Committee on
Commerce, Science, and Transportation of the Senate a
report describing how NASA will carry out the policy.
(C) At the time the President's fiscal year 2007
budget is transmitted to the Congress, the
Administrator shall transmit to the Committee on
Appropriations of the House of Representatives, the
Committee on Appropriations of the Senate, the
Committee on Science of the House of Representatives,
and the Committee on Commerce, Science, and
Transportation of the Senate a report on the proposed
NASA aeronautics budget describing--
(i) the rationale for the budget levels and
activities in the proposed fiscal year 2007
NASA aeronautics budget;
(ii) the extent to which the program
directions proposed for fiscal year 2007 are
likely to be consistent with the national
policy being prepared under this section; and
(iii) the extent to which the proposed
programs for fiscal year 2007 are consistent
with past reports and currentstudies of the
National Academy of Sciences, and other relevant reports and studies.
(d) Science.--
(1) In general.--The Administrator shall develop a
plan to guide the science programs of NASA through
2016.
(2) Content.--At a minimum, the plan developed
under paragraph (1) shall be designed to ensure that
NASA has a rich and vigorous set of science activities,
and shall describe--
(A) the missions NASA will initiate,
design, develop, launch, or operate in space
science and earth science through fiscal year
2016, including launch dates;
(B) a priority ranking of all of the
missions listed under subparagraph (A), and the
rationale for the ranking; and
(C) the budget assumptions on which the
policy is based, which for fiscal years 2007
and 2008 shall be consistent with the
authorizations provided in title II of this
Act.
(3) Considerations.--In developing the science plan
under this subsection, the Administrator shall consider
the following issues, which shall be discussed in the
transmittal under paragraph (6):
(A) What the most important scientific
questions in space science and earth science
are.
(B) How to best benefit from the
relationship between NASA's space and earth
science activities and those of other Federal
agencies.
(C) Whether the Magnetospheric Multiscale
Mission, SIM-Planet Quest, and missions under
the Future Explorers Programs can be expedited
to meet previous schedules.
(D) Whether any NASA Earth observing
missions that have been delayed or cancelled
can be restored.
(E) How to ensure the long-term vitality of
Earth observation programs at NASA, including
their satellite, science, and data system
components.
(F) Whether current and currently planned
Earth observation missions should be
supplemented or replaced with new satellite
architectures and instruments that enable
global coverage, and all-weather, day and night
imaging of the Earth's surface features.
(G) How to integrate NASA earth science
missions with the Global Earth Observing System
of Systems.
(4) Consultation.--In developing the plan under
this subsection, the Administrator shall draw on
decadal surveys and other reports in planetary science,
astronomy, solar and space physics, earth science, and
any other relevant fields developed by the National
Academy of Sciences. The Administrator shall also
consult widely with academic and industry experts and
with other Federal agencies.
(5) Hubble space telescope.--The plan developed
under this subsection shall address plans for a human
mission to repair the Hubble Space Telescope consistent
with section 302 of this Act.
(6) Schedule.--The Administrator shall transmit the
plan developed under this subsection to the Committee
on Science of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate not later than 1 year after the date of
enactment of this Act. The Administrator shall make
available to those committees any study done by a
nongovernmental entity that was used in the development
of the plan.
(e) Facilities.--
(1) In general.--The Administrator shall develop a
plan for managing NASA's facilities through fiscal year
2015. The plan shall be consistent with the policies
and plans developed pursuant to this section.
(2) Content.--At a minimum, the plan developed
under paragraph (1) shall describe--
(A) any new facilities NASA intends to
acquire, whether through construction,
purchase, or lease, and the expected dates for
doing so;
(B) any facilities NASA intends to
significantly modify, refurbish, or upgrade,
and the expected dates for doing so;
(C) any facilities NASA intends to close,
and the expected dates for doing so;
(D) any transactions NASA intends to
conduct to sell, lease, or otherwise transfer
the ownership of a facility, and the expected
dates for doing so;
(E) how each of the actions described in
subparagraphs (A), (B), (C), and (D) will
enhance the ability of NASA to carry out its
programs;
(F) the expected costs or savings expected
from each of the actions described in
subparagraphs (A), (B), (C), and (D);
(G) the priority order of the actions
described in subparagraphs (A), (B), (C), and
(D);
(H) the budget assumptions of the plan,
which for fiscal years 2007 and 2008 shall be
consistent with the authorizations provided in
title II of this Act, including the funding
levels for maintenance and repairs; and
(I) how facilities were evaluated in
developing the plan.
(3) Schedule.--The Administrator shall transmit the
plan developed under this subsection to the Committee
on Science of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate not later than the date on which the
President submits the proposed budget for the Federal
Government for fiscal year 2008 to the Congress.
(f) Workforce.--
(1) In general.--The Administrator shall develop a
human capital strategy to ensure that NASA has a
workforce of the appropriate size and with the
appropriate skills to carry out the programs of NASA,
consistent with the policies and plans developed
pursuant to this section. Under the strategy, NASA
shall utilize current personnel, to the maximum extent
feasible, in implementing the vision for space
exploration and NASA's other programs. The strategy
shall cover the period through fiscal year 2011.
(2) Content.--The strategy developed under
paragraph (1) shall describe, at a minimum--
(A) any categories of employees NASA
intends to reduce, the expected size and timing
of those reductions, the methods NASA intends
to use to make the reductions, and the reasons
NASA no longer needs those employees;
(B) any categories of employees NASA
intends to increase, the expected size and
timing of those increases, the methods NASA
intends to use to recruit the additional
employees, and the reasons NASA needs those
employees;
(C) the steps NASA will use to retain
needed employees; and
(D) the budget assumptions of the strategy,
which for fiscal years 2007 and 2008 shall be
consistent with the authorizations provided in
title II of this Act, and any expected
additional costs or savings from the strategy
by fiscal year.
(3) Schedule.--The Administrator shall transmit the
strategy developed under this subsection to the
Committee on Science of the House of Representatives
and the Committee on Commerce, Science, and
Transportation of the Senate not later than 60 days
after the date on which the President submits the
proposed budget for the Federal Government for fiscal
year 2007 to the Congress. At least 60 days before
transmitting the strategy, NASA shall provide a draft
of the strategy to its Federal employee unions for a
30-day consultation period after which NASA shall
respond in writing to any written concerns provided by
the unions.
(4) Limitation.--NASA may not implement any
Reduction in Force or other involuntary separations
(except for cause) prior to March 16, 2007.
(g) Center Management.--
(1) In general.--The Administrator shall conduct a
study to determine whether any of NASA's centers should
be operated by or with the private sector by converting
a center to a Federally Funded Research and Development
Center or through any other mechanism.
(2) Content.--The study conducted under paragraph
(1) shall, at a minimum--
(A) make a recommendation for the operation
of each center and provide reasons for that
recommendation; and
(B) describe the advantages and
disadvantages of each mode of operation
considered in the study.
(3) Considerations.--In conducting the study, the
Administrator shall take into consideration the
experiences of other relevant Federal agencies in
operating laboratories and centers, and any reports
that have reviewed the mode of operation of those
laboratories and centers, as well as any reports that
have reviewed NASA's centers.
(4) Schedule.--The Administrator shall transmit the
study conducted under this subsection to the Committee
on Science of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate not later than May 31, 2006.
(h) Budgets.--
(1) Categories.--The proposed budget for NASA
submitted by the President for each fiscal year shall
be accompanied by documents showing--
(A) by program--
(i) the budget for space
operations, including the ISS and the
Space Shuttle;
(ii) the budget for exploration
systems;
(iii) the budget for aeronautics;
(iv) the budget for space science;
(v) the budget for earth science;
(vi) the budget for microgravity
science;
(vii) the budget for education;
(viii) the budget for safety
oversight; and
(ix) the budget for public
relations;
(B) the budget for technology transfer
programs;
(C) the budget for the Integrated
Enterprise Management Program, by individual
element;
(D) the budget for the Independent
Technical Authority, both total and by center;
(E) the total budget for the prize program
under section 104, and the administrative
budget for that program; and
(F) the comparable figures for at least the
2 previous fiscal years for each item in the
proposed budget.
(2) Sense of congress regarding evaluation criteria
for budget requests.--It is the sense of the Congress
that each budget of the United States submitted to the
Congress after the date of enactment of this Act should
be evaluated for compliance with the findings and
priorities established by this Act and the amendments
made by this Act.
(i) Additional Budget Information.--NASA shall make
available, upon request from the Committee on Science of the
House of Representatives or the Committee on Commerce, Science,
and Transportation of the Senate--
(1) information on corporate and center general and
administrative costs and service pool costs,
including--
(A) the total amount of funds being
allocated for those purposes for any fiscal
year for which the President has submitted an
annual budget request to Congress;
(B) the amount of funds being allocated for
those purposes for each center, for
headquarters, and for each directorate; and
(C) the major activities included in each
cost category; and
(2) the figures on the amount of unobligated funds
and unexpended funds, by appropriations account--
(A) that remained at the end of the fiscal
year prior to the fiscal year in which the
budget is being presented that were carried
over into the fiscal year in which the budget
is being presented;
(B) that are estimated will remain at the
end of the fiscal year in which the budget is
being presented that are proposed to be carried
over into the fiscal year for which the budget
is being presented; and
(C) that are estimated will remain at the
end of the fiscal year for which the budget is
being presented.
(j) NASA Aeronautics Test Facilities and Simulators.--
(1) Review.--The Director of the Office of Science
and Technology Policy shall commission an independent
review of the Nation's long-term strategic needs for
aeronautics test facilities and shall submit the review
to the Committee on Science of the House of
Representatives and the Committee on Commerce, Science,
and Transportation of the Senate. The review shall
include an evaluation of the facility needs described
pursuant to subsection (c)(2)(A)(iii). The review shall
take into consideration the results of the study
conducted pursuant to the instructions on page 582 of
the conference report (H. Rept. 108-767) to accompany
the Ronald W. Reagan National Defense Authorization Act
for Fiscal Year 2005 (P.L. 108-375).
(2) Limitation.--The Administrator shall not close
or mothball any aeronautics test facilities identified
in the 2003 independent assessment by the RAND
Corporation titled ``Wind Tunnel and Propulsion Test
Facilities: An Assessment of NASA's Capabilities to
Serve National Needs'' as being part of the minimum set
of those facilities necessary to retain and manage to
serve national needs, or any aeronautics simulators,
that were in use as of January 1, 2004, with the
exception of the already closed 16-foot transonic
tunnel, until--
(A) the review conducted under paragraph
(1) has been transmitted to the Congress; and
(B) 60 days after the Administrator has
transmitted to the Committee on Appropriations
and the Committee on Science of the House of
Representatives and the Committee on
Appropriations and the Committee on Commerce,
Science, and Transportation of the Senate a
written certification that the proposed closure
will not have an adverse impact on NASA's
ability to execute the national policy
developed under subsection (c) and to achieve
the goals described in that policy.
Subparagraph (B) shall cease to be effective five years
after the date the study required by this section has
been transmitted to the Congress.
SEC. 102. REPORTS.
(a) National Awareness Campaign.--
(1) In general.--The Administrator shall implement,
beginning not later than May 1, 2006, a national
awareness campaign through various media, including
print, radio, television, and the Internet, to
articulate missions, publicize recent accomplishments,
and facilitate efforts to encourage young Americans to
enter the fields of science, mathematics, and
engineering to help maintain United States leadership
in those fields.
(2) Reports.--(A) Not later than April 1, 2006, the
Administrator shall transmit a plan to the Committee on
Science of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate describing the activities that will be
undertaken as part of the national awareness campaign
required by paragraph (1) and the expected cost of
those activities. NASA may undertake activities as part
of the national awareness campaign prior to the
transmittal of the plan required by this subparagraph,
but the plan shall include a description of any
activities undertaken prior to the transmittal and the
estimated cost of those activities.
(B) Not later than three years after the date of
enactment of this Act, the Administrator shall transmit
to the Committee on Science of the House of
Representatives and the Committee on Commerce, Science,
and Transportation of the Senate an assessment of the
impact of the national awareness campaign.
(b) Budget Information.--Not later than April 30, 2006, the
Administrator shall transmit to the Committee on Science of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report describing--
(1) the expected cost of the Crew Exploration
Vehicle through fiscal year 2020, based on the public
specifications for that development contract; and
(2) the expected budgets for each fiscal year
through 2020 for human spaceflight, aeronautics, space
science, and earth science--
(A) first assuming inflationary growth for
the budget of NASA as a whole and including
costs for the Crew Exploration Vehicle as
projected under paragraph (1); and
(B) then assuming inflationary growth for
the budget of NASA as a whole and including at
least two cost estimates for the Crew
Exploration Vehicle that are higher than those
projected under paragraph (1), based on NASA's
past experience with cost increases for similar
programs, along with a description of the
reasons for selecting the cost estimates used
for the calculations under this subparagraph
and the confidence level for each of the cost
estimates used in this section.
(c) Space Communications Plan.--
(1) Plan.--The Administrator shall develop a plan,
in consultation with relevant Federal agencies, for
updating NASA's space communications architecture for
both low-Earth orbital operations and deep space
exploration so that it is capable of meeting NASA's
needs over the next 20 years. The plan shall include
life-cycle cost estimates, milestones, estimated
performance capabilities, and 5-year funding profiles.
The plan shall also include an estimate of the amounts
of any reimbursements NASA is likely to receive from
other Federal agencies during the expected life of the
upgrades described in the plan. At a minimum, the plan
shall include a description of the following:
(A) Projected Deep Space Network
requirements for the next 20 years, including
those in support of human space exploration
missions.
(B) Upgrades needed to support Deep Space
Network requirements.
(C) Cost estimates for the maintenance of
existing Deep Space Network capabilities.
(D) Cost estimates and schedules for the
upgrades described in subparagraph (B).
(E) Projected Tracking and Data Relay
Satellite System requirements for the next 20
years, including those in support of other
relevant Federal agencies.
(F) Cost and schedule estimates to maintain
and upgrade the Tracking and Data Relay
Satellite System to meet projected
requirements.
(2) Consultations.--The Administrator shall consult
with other relevant Federal agencies in developing the
plan under this subsection.
(3) Schedule.--The Administrator shall transmit the
plan under this subsection to the Committee on Science
of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate not
later than February 17, 2007.
(d) Joint Dark Energy Mission.--The Administrator and the
Director of the Department of Energy Office of Science shall
jointly transmit to the Committee on Science of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate, not later than July 15, 2006, a
report on plans for a Joint Dark Energy Mission. The report
shall include the amount of funds each agency intends to expend
on the Joint Dark Energy Mission for each of the fiscal years
2007 through 2011, and any specific milestones for the
development and launch of the Mission.
(e) Office of Science and Technology Policy.--
(1) Study.--As part of ongoing efforts to
coordinate research and development across the Federal
agencies, the Director of the Office of Science and
Technology Policy shall conduct a study to determine--
(A) if any research and development
programs of NASA are unnecessarily duplicating
aspects of programs of other Federal agencies;
and
(B) if any research and development
programs of NASA are neglecting any topics of
national interest that are related to the
mission of NASA.
(2) Report.--Not later than one year after the date
of enactment of this Act, the Director of the Office of
Science and Technology Policy shall transmit to the
Committee on Science of the House of Representatives
and the Committee on Commerce, Science, and
Transportation of the Senate a report that--
(A) describes the results of the study
under paragraph (1);
(B) lists the research and development
programs of Federal agencies other than NASA
that were reviewed as part of the study, which
shall include any program supporting research
and development in an area related to the
programs of NASA, and the most recent budget
figures for those programs of other agencies;
(C) recommends any changes to the research
and development programs of NASA that should be
made in response to the findings of the study
required by paragraph (1); and
(D) describes mechanisms the Office of
Science and Technology Policy will use to
ensure adequate coordination between NASA and
Federal agencies that operate related programs.
(3) Contract.--The Director of the Office of
Science and Technology Policy may contract with a
nongovernmental entity to conduct the study required by
paragraph (1).
SEC. 103. BASELINES AND COST CONTROLS.
(a) Conditions for Development.--
(1) In general.--NASA shall not enter into a
contract for the development of a major program unless
the Administrator determines that--
(A) the technical, cost, and schedule risks
of the program are clearly identified and the
program has developed a plan to manage those
risks;
(B) the technologies required for the
program have been demonstrated in a relevant
laboratory or test environment; and
(C) the program complies with all relevant
policies, regulations, and directives of NASA.
(2) Report.--The Administrator shall transmit a
report describing the basis for the determination
required under paragraph (1) to the Committee on
Science of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate at least 30 days before entering into a
contract for development under a major program.
(3) Nondelegation.--The Administrator may not
delegate the determination requirement under this
subsection, except in cases in which the Administrator
has a conflict of interest.
(b) Major Program Annual Reports.--
(1) Requirement.--Annually, at the same time as the
President's annual budget submission to the Congress,
the Administrator shall transmit to the Committee on
Science of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate a report that includes the information
required by this section for each major program for
which NASA proposes to expend funds in the subsequent
fiscal year. Reports under this paragraph shall be
known as Major Program Annual Reports.
(2) Baseline report.--The first Major Program
Annual Report for each major program shall include a
Baseline Report that shall, at a minimum, include--
(A) the purposes of the program and key
technical characteristics necessary to fulfill
those purposes;
(B) an estimate of the life-cycle cost for
the program, with a detailed breakout of the
development cost, program reserves, and an
estimate of the annual costs until development
is completed;
(C) the schedule for development, including
key program milestones;
(D) the plan for mitigating technical,
cost, and schedule risks identified in
accordance with subsection (a)(1)(A); and
(E) the name of the person responsible for
making notifications under subsection (c), who
shall be an individual whose primary
responsibility is overseeing the program.
(3) Information updates.--For major programs for
which a Baseline Report has been submitted, each
subsequent Major Program Annual Report shall describe
any changes to the informationthat had been provided in
the Baseline Report, and the reasons for those changes.
(c) Notification.--
(1) Requirement.--The individual identified under
subsection (b)(2)(E) shall immediately notify the
Administrator any time that individual has reasonable
cause to believe that, for the major program for which
he or she is responsible--
(A) the development cost of the program is
likely to exceed the estimate provided in the
Baseline Report of the program by 15 percent or
more; or
(B) a milestone of the program is likely to
be delayed by 6 months or more from the date
provided for it in the Baseline Report of the
program.
(2) Reasons.--Not later than 30 days after the
notification required under paragraph (1), the
individual identified under subsection (b)(2)(E) shall
transmit to the Administrator a written notification
explaining the reasons for the change in the cost or
milestone of the program for which notification was
provided under paragraph (1).
(3) Notification of congress.--Not later than 15
days after the Administrator receives a written
notification under paragraph (2), the Administrator
shall transmit the notification to the Committee on
Science of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate.
(d) Fifteen Percent Threshold.--Not later than 30 days
after receiving a written notification under subsection (c)(2),
the Administrator shall determine whether the development cost
of the program is likely to exceed the estimate provided in the
Baseline Report of the program by 15 percent or more, or
whether a milestone is likely to be delayed by 6 months or
more. If the determination is affirmative, the Administrator
shall--
(1) transmit to the Committee on Science of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate, not later
than 15 days after making the determination, a report
that includes--
(A) a description of the increase in cost
or delay in schedule and a detailed explanation
for the increase or delay;
(B) a description of actions taken or
proposed to be taken in response to the cost
increase or delay; and
(C) a description of any impacts the cost
increase or schedule delay, or the actions
described under subparagraph (B), will have on
any other program within NASA; and
(2) if the Administrator intends to continue with
the program, promptly initiate an analysis of the
program, which shall include, at a minimum--
(A) the projected cost and schedule for
completing the program if current requirements
of the program are not modified;
(B) the projected cost and the schedule for
completing the program after instituting the
actions described under paragraph (1)(B); and
(C) a description of, and the projected
cost and schedule for, a broad range of
alternatives to the program.
NASA shall complete an analysis initiated under paragraph (2)
not later than 6 months after the Administrator makes a
determination under this subsection. The Administrator shall
transmit the analysis to the Committee on Science of the House
of Representatives and Committee on Commerce, Science, and
Transportation of the Senate not later than 30 days after its
completion.
(e) Thirty Percent Threshold.--If the Administrator
determines under subsection (d) that the development cost of a
program will exceed the estimate provided in the Baseline
Report of the program by more than 30 percent, then, beginning
18 months after the date the Administrator transmits a report
under subsection (d)(1), the Administrator shall not expend any
additional funds on the program, other than termination costs,
unless the Congress has subsequently authorized continuation of
the program by law. An appropriation for the specific program
enacted subsequent to a report being transmitted shall be
considered an authorization for purposes of this subsection. If
the program is continued, the Administrator shall submit a new
Baseline Report for the program no later than 90 days after the
date of enactment of the Act under which Congress has
authorized continuation of the program.
(f) Definitions.--For the purposes of this section--
(1) the term ``development'' means the phase of a
program following the formulation phase and beginning
with the approval to proceed to implementation, as
defined in NASA's Procedural Requirements 7120.5c,
dated March 22, 2005;
(2) the term ``development cost'' means the total
of all costs, including construction of facilities and
civil servant costs, from the period beginning with the
approval to proceed to implementation through the
achievement of operational readiness, without regard to
funding source or management control, for the life of
the program;
(3) the term ``life-cycle cost'' means the total of
the direct, indirect, recurring, and nonrecurring
costs, including the construction of facilities and
civil servant costs, and other related expenses
incurred or estimated to be incurred in the design,
development, verification, production, operation,
maintenance, support, and retirement of a program over
its planned lifespan, without regard to funding source
or management control; and
(4) the term ``major program'' means an activity
approved to proceed to implementation that has an
estimated life-cycle cost of more than $250,000,000.
SEC. 104. PRIZE AUTHORITY.
The National Aeronautics and Space Act of 1958 (42 U.S.C.
2451, et seq.) is amended by inserting after section 313 the
following new section:
``PRIZE AUTHORITY
``Sec. 314. (a) In General.--The Administration may carry
out a program to competitively award cash prizes to stimulate
innovation in basic and applied research, technology
development, and prototype demonstration that have the
potential for application to the performance of the space and
aeronautical activities of theAdministration. The
Administration may carry out a program to award prizes only in
conformity with this section.
``(b) Topics.--In selecting topics for prize competitions,
the Administrator shall consult widely both within and outside
the Federal Government, and may empanel advisory committees.
``(c) Advertising.--The Administrator shall widely
advertise prize competitions to encourage participation.
``(d) Requirements and Registration.--For each prize
competition, the Administrator shall publish a notice in the
Federal Register announcing the subject of the competition, the
rules for being eligible to participate in the competition, the
amount of the prize, and the basis on which a winner will be
selected.
``(e) Eligibility.--To be eligible to win a prize under
this section, an individual or entity--
``(1) shall have registered to participate in the
competition pursuant to any rules promulgated by the
Administrator under subsection (d);
``(2) shall have complied with all the requirements
under this section;
``(3) in the case of a private entity, shall be
incorporated in and maintain a primary place of
business in the United States, and in the case of an
individual, whether participating singly or in a group,
shall be a citizen or permanent resident of the United
States; and
``(4) shall not be a Federal entity or Federal
employee acting within the scope of their employment.
``(f) Liability.--(1) Registered participants must agree to
assume any and all risks and waive claims against the Federal
Government and its related entities, except in the case of
willful misconduct, for any injury, death, damage, or loss of
property, revenue, or profits, whether direct, indirect, or
consequential, arising from their participation in a
competition, whether such injury, death, damage, or loss arises
through negligence or otherwise. For the purposes of this
paragraph, the term `related entity' means a contractor or
subcontractor at any tier, and a supplier, user, customer,
cooperating party, grantee, investigator, or detailee.
``(2) Participants must obtain liability insurance or
demonstrate financial responsibility, in amounts determined by
the Administrator, for claims by--
``(A) a third party for death, bodily injury, or
property damage, or loss resulting from an activity
carried out in connection with participation in a
competition, with the Federal Government named as an
additional insured under the registered participant's
insurance policy and registered participants agreeing
to indemnify the Federal Government against third party
claims for damages arising from or related to
competition activities; and
``(B) the Federal Government for damage or loss to
Government property resulting from such an activity.
``(g) Judges.--For each competition, the Administration,
either directly or through an agreement under subsection (h),
shall assemble a panel of qualified judges to select the winner
or winners of the prize competition on the basis described
pursuant to subsection (d). Judges for each competition shall
include individuals from outside the Administration, including
from the private sector. A judge may not--
``(1) have personal or financial interests in, or
be an employee, officer, director, or agent of any
entity that is a registered participant in a
competition; or
``(2) have a familial or financial relationship
with an individual who is a registered participant.
``(h) Administering the Competition.--The Administrator may
enter into an agreement with a private, nonprofit entity to
administer the prize competition, subject to the provisions of
this section.
``(i) Funding.--(1) Prizes under this section may consist
of Federal appropriated funds and funds provided by the private
sector for such cash prizes. The Administrator may accept funds
from other Federal agencies for such cash prizes. The
Administrator may not give any special consideration to any
private sector entity in return for a donation.
``(2) Notwithstanding any other provision of law, funds
appropriated for prize awards under this section shall remain
available until expended, and may be transferred, reprogrammed,
or expended for other purposes only after the expiration of 10
fiscal years after the fiscal year for which the funds were
originally appropriated. No provision in this section permits
obligation or payment of funds in violation of the Anti-
Deficiency Act (31 U.S.C. 1341).
``(3) No prize may be announced under subsection (d) until
all the funds needed to pay out the announced amount of the
prize have been appropriated or committed in writing by a
private source. The Administrator may increase the amount of a
prize after an initial announcement is made under subsection
(d) if--
``(A) notice of the increase is provided in the
same manner as the initial notice of the prize; and
``(B) the funds needed to pay out the announced
amount of the increase have been appropriated or
committed in writing by a private source.
``(4) No prize competition under this section may offer a
prize in an amount greater than $10,000,000 unless 30 days have
elapsed after written notice has been transmitted to the
Committee on Science of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate.
``(5) No prize competition under this section may result in
the award of more than $1,000,000 in cash prizes without the
approval of the Administrator.
``(j) Use of NASA Name and Insignia.--A registered
participant in a competition under this section may use the
Administration's name, initials, or insignia only after prior
review and written approval by the Administration.
``(k) Compliance With Existing Law.--The Federal Government
shall not, by virtue of offering or providing a prize under
this section, be responsible for compliance by registered
participants in a prize competition with Federal law, including
licensing, export control, and non-proliferation laws, and
related regulations.''.
SEC. 105. FOREIGN LAUNCH VEHICLES.
(a) Accord With Space Transportation Policy.--NASA shall
not launch a payload on a foreign launch vehicle except in
accordance with the Space Transportation Policy announced by
thePresident on December 21, 2004. This subsection shall not be
construed to prevent the President from waiving the Space
Transportation Policy.
(b) Interagency Coordination.--NASA shall not launch a
payload on a foreign launch vehicle unless NASA commenced the
interagency coordination required by the Space Transportation
Policy announced by the President on December 21, 2004, at
least 90 days before entering into a development contract for
the payload.
(c) Application.--This section shall not apply to any
payload for which development has begun prior to the date of
enactment of this Act, including the James Webb Space
Telescope.
SEC. 106. SAFETY MANAGEMENT.
Section 6 of the National Aeronautics and Space
Administration Authorization Act, 1968 (42 U.S.C. 2477) is
amended--
(1) by inserting ``(a) In General.--'' before
``There'';
(2) by striking ``to it'' and inserting ``to it,
including evaluating NASA's compliance with the return-
to-flight and continue-to-fly recommendations of the
Columbia Accident Investigation Board,'';
(3) by inserting ``and the Congress'' after
``advise the Administrator'';
(4) by striking ``and with respect to the adequacy
of proposed or existing safety standards and shall''
and inserting ``with respect to the adequacy of
proposed or existing safety standards, and with respect
to management and culture related to safety. The Panel
shall also''; and
(5) by adding at the end the following:
``(b) Annual Report.--The Panel shall submit an annual
report to the Administrator and to the Congress. In the first
annual report submitted after the date of enactment of the
National Aeronautics and Space Administration Authorization Act
of 2005, the Panel shall include an evaluation of NASA's
management and culture related to safety. Each annual report
shall include an evaluation of the Administration's compliance
with the recommendations of the Columbia Accident Investigation
Board through retirement of the Space Shuttle.''.
SEC. 107. LESSONS LEARNED AND BEST PRACTICES.
(a) In General.--The Administrator shall transmit to the
Committee on Science of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate an implementation plan describing NASA's approach for
obtaining, implementing, and sharing lessons learned and best
practices for its major programs and projects not later than
180 days after the date of enactment of this Act. The
implementation plan shall be updated and maintained to ensure
that it is current and consistent with the burgeoning culture
of learning and safety that is emerging at NASA.
(b) Required Content.--The implementation plan shall
contain at a minimum the lessons learned and best practices
requirements for NASA, the organizations or positions
responsible for enforcement of the requirements, the reporting
structure, and the objective performance measures indicating
the effectiveness of the activity.
(c) Incentives.--The Administrator shall provide incentives
to encourage sharing and implementation of lessons learned and
best practices by employees, projects, and programs, as well as
penalties for programs and projects that are determined not to
have demonstrated use of those resources.
SEC. 108. COMMERCIALIZATION PLAN.
(a) In General.--The Administrator, in consultation with
other relevant agencies, shall develop a commercialization plan
to support the human missions to the Moon and Mars, to support
low-Earth orbit activities and earth science missions and
applications, and to transfer science research and technology
to society. The plan shall identify opportunities for the
private sector to participate in the future missions and
activities, including opportunities for partnership between
NASA and the private sector in conducting research and the
development of technologies and services. The plan shall
include provisions for developing and funding sustained
university and industry partnerships to conduct commercial
research and technology development, to proactively translate
results of space research to Earth benefits, to advance United
States economic interests, and to support the vision for
exploration. The plan shall also emphasize the utilization by
NASA of advancements made by the private sector in space launch
and orbital hardware, and shall include opportunities for
innovative collaborations between NASA and the private sector
under existing authorities of NASA for reimbursable and
nonreimbursable agreements under the National Aeronautics and
Space Act of 1958 (42 U.S.C. 2451 et seq.).
(b) Report.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall submit a copy of
the plan to the Committee on Science of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
SEC. 109. STUDY ON THE FEASIBILITY OF USE OF GROUND SOURCE HEAT PUMPS.
(a) In General.--The Administrator shall conduct a
feasibility study on the use of ground source heat pumps in
future NASA facilities or substantial renovation of existing
NASA facilities involving the installation of heating,
ventilating, and air conditioning systems. Not later than 1
year after the date of enactment of this Act, the Administrator
shall transmit the study to the Committee on Science of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate.
(b) Contents.--The study shall examine--
(1) the life-cycle costs, including maintenance
costs, of the operation of such heat pumps compared to
generally available heating, cooling, and water heating
equipment;
(2) barriers to installation, such as availability
and suitability of terrain; and
(3) such other issues as the Administrator
considers appropriate.
(c) Definition.--In this section, the term ``ground source
heat pump'' means an electric-powered system that uses the
Earth's relatively constant temperature to provide heating,
cooling, or hot water.
SEC. 110. WHISTLEBLOWER PROTECTION.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall transmit to the
Committee on Science of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a plan describing steps to be taken by NASA to protect
from retaliation NASA employees who raise concerns about
substantial and specific dangers to public health and safety or
about substantial and specific factors that could threaten the
success of a mission. The plan shall be designed to ensure that
NASA employees have the full protection required by law. The
Administrator shall implement the plan not more than 1 year
after its transmittal.
(b) Goal.--The Administrator shall ensure that the plan
describes a system that will protect employees who wish to
raise or have raised concerns described in subsection (a).
(c) Plan.--At a minimum, the plan shall include, consistent
with Federal law--
(1) a reporting structure that ensures that the
officials who are the subject of a whistleblower's
complaint will not learn the identity of the
whistleblower;
(2) a single point to which all complaints can be
made without fear of retribution;
(3) procedures to enable the whistleblower to track
the status of the case;
(4) activities to educate employees about their
rights as whistleblowers and how they are protected by
law;
(5) activities to educate employees about their
obligations to report concerns and their accountability
before and after receiving the results of the
investigations into their concerns; and
(6) activities to educate all appropriate NASA
Human Resources professionals, and all NASA managers
and supervisors, regarding personnel laws, rules, and
regulations.
(d) Report.--Not later than February 15 of each year
beginning with the year after the date of enactment of this
Act, the Administrator shall transmit a report to the Committee
on Science of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate on the
concerns described in subsection (a) that were raised during
the previous fiscal year. At a minimum, the report shall
provide--
(1) the number of concerns that were raised,
divided into the categories of safety and health,
mission assurance, and mismanagement, and the
disposition of those concerns, including whether any
employee was disciplined as a result of a concern
having been raised; and
(2) any recommendations for reforms to further
prevent retribution against employees who raise
concerns.
TITLE II--AUTHORIZATION OF APPROPRIATIONS
SEC. 201. STRUCTURE OF BUDGET ACCOUNTS.
Section 313 of the National Aeronautics and Space Act of
1958 (42 U.S.C. 2459f) is amended--
(1) by amending subsection (a) to read as follows:
``(a)(1) Appropriations for the Administration for fiscal
year 2007 and thereafter shall be made in three accounts,
`Science, Aeronautics, and Education', `Exploration Systems and
Space Operations', and an account for amounts appropriated for
the necessary expenses of the Office of the Inspector General.
``(2) Within the Exploration Systems and Space Operations
account, no more than 10 percent of the funds for a fiscal year
for Exploration Systems may be reprogrammed for Space
Operations, and no more than 10 percent of the funds for a
fiscal year for Space Operations may be reprogrammed for
Exploration Systems. This paragraph shall not apply to
reprogramming for the purposes described in subsection (b)(2).
``(3) Appropriations shall remain available for two fiscal
years, unless otherwise specified in law. Each account shall
include the planned full costs of Administration activities.'';
and
(2) in subsection (b)--
(A) by inserting ``(1)'' before ``To
ensure''; and
(B) by adding at the end the following new
paragraph:
``(2) The Administration may also transfer amounts among
accounts for the immediate costs of recovering from damage
caused by a major disaster (as defined in section 102 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5122)) or by an act of terrorism, or for the
immediate costs associated with an emergency rescue of
astronauts.''.
SEC. 202. FISCAL YEAR 2007.
There are authorized to be appropriated to NASA for fiscal
year 2007 $17,932,000,000, as follows:
(1) For Science, Aeronautics, and Education
(including amounts for construction of facilities),
$7,136,800,000, of which $962,000,000 shall be for
Aeronautics.
(2) For Exploration Systems and Space Operations
(including amounts for construction of facilities),
$10,761,700,000, of which $6,618,600,000 shall be for
Space Operations.
(3) For the Office of Inspector General,
$33,500,000.
SEC. 203. FISCAL YEAR 2008.
There are authorized to be appropriated to NASA for fiscal
year 2008 $18,686,300,000 as follows:
(1) For Science, Aeronautics, and Education
(including amounts for construction of facilities),
$7,747,800,000, of which $990,000,000 shall be for
Aeronautics.
(2) For Exploration Systems and Space Operations
(including amounts for construction of facilities),
$10,903,900,000, of which $6,546,600,000 shall be for
Space Operations
(3) For the Office of Inspector General,
$34,600,000.
SEC. 204. ISS RESEARCH.
Beginning with fiscal year 2006, the Administrator shall
allocate at least 15 percent of the funds budgeted for ISS
research to ground-based, free-flyer, and ISS life and
microgravity science research that is not directly related to
supporting the human exploration program, consistent with
section 305.
SEC. 205. TEST FACILITIES.
(a) Charges.--The Administrator shall establish a policy of
charging users of NASA's test facilities for the costs
associated withtheir tests at a level that is competitive with
alternative test facilities. The Administrator shall not implement a
policy of seeking full cost recovery for a facility until at least 30
days after transmitting a notice to the Committee on Science of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
(b) Funding Account.--In planning and budgeting, the
Administrator shall establish a funding account that shall be
used for all test facilities. The account shall be sufficient
to maintain the viability of test facilities during periods of
low utilization.
SEC. 206. OFFICIAL REPRESENTATION FUND.
Amounts appropriated pursuant to this Act may be used, but
not to exceed a total of $70,000 in any fiscal year, for
official reception and representation expenses.
SEC. 207. ISS COST CAP.
(a) Report.--The Administrator shall transmit to the
Committee on Science of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report providing the current expected development
costs of the ISS and describing any changes to those costs that
have occurred because of the grounding of the Space Shuttle
after the loss of the Space Shuttle Columbia and because of the
implementation of full-cost accounting.
(b) Repeal.--Thirty days after the transmittal of the
report described in subsection (a), section 202 of the National
Aeronautics and Space Administration Act of 2000 (42 U.S.C.
2451 note) is repealed.
TITLE III--SCIENCE
Subtitle A--General Provisions
SEC. 301. PERFORMANCE ASSESSMENTS.
(a) In General.--The performance of each division in the
Science directorate of NASA shall be reviewed and assessed by
the National Academy of Sciences at 5-year intervals.
(b) Timing.--Beginning with the first fiscal year following
the date of enactment of this Act, the Administrator shall
select at least one division for review under this section. The
Administrator shall select divisions so that all disciplines
will have received their first review within six fiscal years
of the date of enactment of this Act.
(c) Reports.--Not later than March 1 of each year,
beginning with the first fiscal year after the date of
enactment of this Act, the Administrator shall transmit a
report to the Committee on Science of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate--
(1) setting forth in detail the results of any
external review under subsection (a);
(2) setting forth in detail actions taken by NASA
in response to any external review; and
(3) including a summary of findings and
recommendations from any other relevant external
reviews of NASA's science mission priorities and
programs.
SEC. 302. STATUS ON HUBBLE SPACE TELESCOPE SERVICING MISSION.
It is the sense of the Congress that the Hubble Space
Telescope is an extraordinary instrument that has provided, and
should continue to provide, answers to profound scientific
questions. In accordance with the recommendations of the
National Academy of Sciences study titled ``Assessment of
Options for Extending the Life of the Hubble Space Telescope'',
all appropriate efforts should be expended to complete the
Space Shuttle servicing mission. Upon successful completion of
the planned return-to-flight schedule of the Space Shuttle, the
Administrator shall determine the schedule for a Space Shuttle
servicing mission to the Hubble Space Telescope, unless such a
mission would compromise astronaut safety. Not later than 60
days after the landing of the second Space Shuttle mission for
return-to-flight certification, the Administrator shall
transmit to the Committee on Science of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a status report on plans for a
Hubble Space Telescope servicing mission.
SEC. 303. INDEPENDENT ASSESSMENT OF LANDSAT-NPOESS INTEGRATED MISSION.
(a) Assessment.--In view of the importance of ensuring
continuity of Landsat data and in view of the challenges facing
the National Polar-Orbiting Operational Environmental Satellite
System program, the Administrator shall seek an independent
assessment of the costs as well as the technical, cost, and
schedule risks associated with incorporating the Landsat
instrument on the first National Polar-Orbiting Operational
Environmental Satellite System spacecraft compared with
undertaking various alternatives, including a dedicated Landsat
data ``gap-filler'' mission followed by the incorporation of
the Landsat instrument on the second National Polar-Orbiting
Operational Environmental Satellite System spacecraft. The
assessment shall also include an evaluation of the budgetary
requirements of each of the options under consideration.
(b) Report.--
(1) Deadline.--The Administrator shall transmit the
independent assessment to the Committee on Science of
the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate not
later than 180 days after the date of enactment of this
Act unless, prior to that date, NASA cancels plans to
fly the Landsat instrument on the first National Polar-
Orbiting Operational Environmental Satellite System
spacecraft.
(2) Cancellation.--If NASA cancels such plans, the
Administrator shall--
(A) not later than 7 days after a
cancellation decision, inform the Committee on
Science of the House of Representatives and the
Committee on Commerce, Science, and
Transportation of the Senate, in writing, of
the cancellation; and
(B) not later than 90 days after the
transmittal of the cancellation notice,
transmit to the Committee on Science of the
House of Representatives and the Committee on
Commerce, Science, and Transportation of the
Senate a plan for undertaking a dedicated gap
filler mission or alternative means for
ensuring the continuity of Landsat data,
whichshall include consideration of a low-cost constellation of small
satellites.
SEC. 304. ASSESSMENT OF SCIENCE MISSION EXTENSIONS.
(a) Assessment.--The Administrator shall carry out biennial
reviews within each of the Science divisions to assess the cost
and benefits of extending the date of the termination of data
collection for those missions that have exceeded their planned
mission lifetime. In addition--
(1) not later than 60 days after the date of
enactment of this Act, the Administrator shall carry
out such an assessment for at least the following
missions: FAST, TIMED, Cluster, Wind, Geotail, Polar,
TRACE, Ulysses, and Voyager; and
(2) for those missions that have an operational
component, the National Oceanic and Atmospheric
Administration or any other affected agency shall be
consulted and the potential benefits of instruments on
missions that are beyond their planned mission lifetime
taken into account.
(b) Report.--Not later than 30 days after completing each
assessment required by subsection (a)(1), the Administrator
shall transmit a report on the assessment to the Committee on
Science of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate.
SEC. 305. MICROGRAVITY RESEARCH.
The Administrator shall--
(1) transmit the report required by section 506;
(2) ensure the capacity to support ground-based
research leading to space-based basic and applied
scientific research in a variety of disciplines with
potential direct national benefits and applications
that can be advanced significantly from the uniqueness
of microgravity and the space environment; and
(3) carry out, to the maximum extent practicable,
basic, applied, and commercial ISS research in fields
such as molecular crystal growth, animal research,
basic fluid physics, combustion research, cellular
biotechnology, low-temperature physics, and cellular
research at a level that will sustain the existing
United States scientific expertise and research
capability in microgravity research.
SEC. 306. COORDINATION WITH THE NATIONAL OCEANIC AND ATMOSPHERIC
ADMINISTRATION.
(a) Joint Working Group.--The Administrator and the
Administrator of the National Oceanic and Atmospheric
Administration shall appoint a Joint Working Group, which shall
review and monitor missions of the two agencies to ensure
maximum coordination in the design, operation, and transition
of missions where appropriate. The Joint Working Group shall
also prepare the plans required by subsection (c).
(b) Coordination Report.--Not later than February 15 of
each year, beginning with the first fiscal year after the date
of enactment of this Act, the Administrator and the
Administrator of the National Oceanic and Atmospheric
Administration shall jointly transmit a report to the Committee
on Science of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate on how the
earth science programs of the National Oceanic and Atmospheric
Administration and NASA will be coordinated during the fiscal
year following the fiscal year in which the report is
transmitted.
(c) Coordination of Transition Planning and Reporting.--The
Administrator, in conjunction with the Administrator of the
National Oceanic and Atmospheric Administration and in
consultation with other relevant agencies, shall evaluate
relevant NASA science missions for their potential operational
capabilities and shall prepare transition plans for the
existing and future Earth observing systems found to have
potential operational capabilities.
(d) Limitation.--The Administrator shall not transfer any
NASA earth science mission or Earth observing system to the
National Oceanic and Atmospheric Administration until the plan
required under subsection (c) has been approved by the
Administrator and the Administrator of the National Oceanic and
Atmospheric Administration and until financial resources have
been identified to support the transition or transfer in the
President's budget request for the National Oceanic and
Atmospheric Administration.
SEC. 307. REVIEW AND REPORT ON HEADQUARTERS EARTH-SUN SYSTEM APPLIED
SCIENCES PROGRAM.
(a) Review.--The Administrator shall review the policies,
processes, and procedures in the planning and management of
applications research and development implemented in calendar
years 2001 to 2005 within the Headquarters Earth-Sun System
Applied Sciences Program and former Earth Science Applications
Program. This review shall include--
(1) the program planning and analysis process used
to formulate applied science research and development
requirements, priorities, and solicitation schedules,
including changes to the process within the period
under review, and the effects of such planning on the
quality and clarity of applied sciences research
announcements;
(2) the peer review process including, but not
limited to--
(A) membership selection, determination of
qualifications, and use of NASA and non-NASA
reviewers;
(B) management of conflicts of interest,
including reviewers funded by the program with
a significant consulting or contractual
relationship with NASA, and individuals who
both review proposals and participate in the
submission of proposals under the same
solicitation announcement; and
(C) compensation of non-NASA proposal
reviewers;
(3) the process for assigning or allocating applied
research to NASA researchers and to non-NASA
researchers; and
(4) alternative models for NASA planning and
management of applied science and applications
research, including an evaluation of the relevance for
NASA of--
(A) National Institutes of Health
intramural and extramural research program
structure, peer review process, management of
conflicts of interests, compensation of
reviewers, and the effects of compensation on
reviewer efficiency and quality;
(B) Department of Agriculture Cooperative
State Research Education and Extension Service
program and structure, peer review process,
management of conflicts ofinterest,
compensation of reviewers, and the effects of compensation on reviewer
efficiency and quality;
(C) National Institutes of Health and
Department of Agriculture best practices in the
planning, selection, and management of applied
sciences research and development; and
(D) any other relevant models.
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall transmit a
report to the Committee on Science of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate describing the results of the
review conducted under subsection (a). The report shall include
a plan to ensure that the peer review process is transparent
and selects proposals in a manner that instills public and
stakeholder confidence.
Subtitle B--Remote Sensing
SEC. 311. DEFINITIONS.
In this subtitle--
(1) the term ``geospatial information'' means
knowledge of the nature and distribution of physical
and cultural features on the landscape based on
analysis of data from airborne or spaceborne platforms
or other types and sources of data;
(2) the term ``high resolution'' means resolution
better than five meters; and
(3) the term ``institution of higher education''
has the meaning given that term in section 101(a) of
the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
SEC. 312. GENERAL RESPONSIBILITIES.
The Administrator shall--
(1) develop a sustained relationship with the
United States commercial remote sensing industry and,
consistent with applicable policies and law, to the
maximum practicable, rely on their services; and
(2) in conjunction with United States industry and
universities, research, develop, and demonstrate
prototype earth science applications to enhance
Federal, State, local, and tribal governments' use of
government and commercial remote sensing data,
technologies, and other sources of geospatial
information for improved decision support to address
their needs.
SEC. 313. PILOT PROJECTS TO ENCOURAGE PUBLIC SECTOR APPLICATIONS.
(a) In General.--The Administrator shall establish a
program of grants for competitively awarded pilot projects to
explore the integrated use of sources of remote sensing and
other geospatial information to address State, local, regional,
and tribal agency needs.
(b) Preferred Projects.--In awarding grants under this
section, the Administrator shall give preference to projects
that--
(1) make use of commercial data sets, including
high resolution commercial satellite imagery and
derived satellite data products, existing public data
sets where commercial data sets are not available or
applicable, or the fusion of such data sets;
(2) integrate multiple sources of geospatial
information, such as geographic information system
data, satellite-provided positioning data, and remotely
sensed data, in innovative ways;
(3) include funds or in-kind contributions from
non-Federal sources;
(4) involve the participation of commercial
entities that process raw or lightly processed data,
often merging that data with other geospatial
information, to create data products that have
significant value added to the original data; and
(5) taken together demonstrate as diverse a set of
public sector applications as possible.
(c) Opportunities.--In carrying out this section, the
Administrator shall seek opportunities to assist--
(1) in the development of commercial applications
potentially available from the remote sensing industry;
and
(2) State, local, regional, and tribal agencies in
applying remote sensing and other geospatial
information technologies for growth management.
(d) Duration.--Assistance for a pilot project under
subsection (a) shall be provided for a period not to exceed 3
years.
(e) Report.--Each recipient of a grant under subsection (a)
shall transmit a report to the Administrator on the results of
the pilot project within 180 days of the completion of that
project.
(f) Workshop.--Each recipient of a grant under subsection
(a) shall, not later than 180 days after the completion of the
pilot project, conduct at least one workshop for potential
users to disseminate the lessons learned from the pilot project
as widely as feasible.
(g) Regulations.--The Administrator shall issue regulations
establishing application, selection, and implementation
procedures for pilot projects, and guidelines for reports and
workshops required by this section.
SEC. 314. PROGRAM EVALUATION.
(a) Advisory Committee.--The Administrator shall establish
an advisory committee, consisting of individuals with
appropriate expertise in State, local, regional, and tribal
agencies, the university research community, and the remote
sensing and other geospatial information industries, to monitor
the program established under section 313. The advisory
committee shall consult with the Federal Geographic Data
Committee and other appropriate industry representatives and
organizations. Notwithstanding section 14 of the Federal
Advisory Committee Act, the advisory committee established
under this subsection shall remain in effect until the
termination of the program under section 313.
(b) Effectiveness Evaluation.--Not later than December 31,
2009, the Administrator shall transmit to the Congress an
evaluation of the effectiveness of the program established
under section 313 in exploring and promoting the integrated use
of sources of remote sensing and other geospatial information
to address State, local, regional, and tribal agency needs.
Such evaluation shall have been conducted by an independent
entity.
SEC. 315. DATA AVAILABILITY.
The Administrator shall ensure that the results of each of
the pilot projects completed under section 313 shall be
retrievable through an electronic, Internet-accessible
database.
SEC. 316. EDUCATION.
The Administrator shall establish an educational outreach
program to increase awareness at institutions of higher
education and State, local, regional, and tribal agencies of
the potential applications of remote sensing and other
geospatial information and awareness of the need for geospatial
workforce development.
Subtitle C--George E. Brown, Jr. Near-Earth Object Survey
SEC. 321. GEORGE E. BROWN, JR. NEAR-EARTH OBJECT SURVEY.
(a) Short Title.--This section may be cited as the ``George
E. Brown, Jr. Near-Earth Object Survey Act''.
(b) Findings.--The Congress makes the following findings:
(1) Near-Earth objects pose a serious and credible
threat to humankind, as many scientists believe that a
major asteroid or comet was responsible for the mass
extinction of the majority of the Earth's species,
including the dinosaurs, nearly 65,000,000 years ago.
(2) Similar objects have struck the Earth or passed
through the Earth's atmosphere several times in the
Earth's history and pose a similar threat in the
future.
(3) Several such near-Earth objects have only been
discovered within days of the objects' closest approach
to Earth, and recent discoveries of such large objects
indicate that many large near-Earth objects remain
undiscovered.
(4) The efforts taken to date by NASA for detecting
and characterizing the hazards of near-Earth objects
are not sufficient to fully determine the threat posed
by such objects to cause widespread destruction and
loss of life.
(c) Definitions.--For purposes of this section the term
``near-Earth object'' means an asteroid or comet with a
perihelion distance of less than 1.3 Astronomical Units from
the Sun.
(d) Near-Earth Object Survey.--
(1) Survey program.--The Administrator shall plan,
develop, and implement a Near-Earth Object Survey
program to detect, track, catalogue, and characterize
the physical characteristics of near-Earth objects
equal to or greater than 140 meters in diameter in
order to assess the threat of such near-Earth objects
to the Earth. It shall be the goal of the Survey
program to achieve 90 percent completion of its near-
Earth object catalogue (based on statistically
predicted populations of near-Earth objects) within 15
years after the date of enactment of this Act.
(2) Amendments.--Section 102 of the National
Aeronautics and Space Act of 1958 (42 U.S.C. 2451) is
amended--
(A) by redesignating subsection (g) as
subsection (h);
(B) by inserting after subsection (f) the
following new subsection:
``(g) The Congress declares that the general welfare and
security of the United States require that the unique
competence of the National Aeronautics and Space Administration
be directed to detecting, tracking, cataloguing, and
characterizing near-Earth asteroids and comets in order to
provide warning and mitigation of the potential hazard of such
near-Earth objects to the Earth.''; and
(C) in subsection (h), as so redesignated
by subparagraph (A) of this paragraph, by
striking ``and (f)'' and inserting ``(f), and
(g)''.
(3) Fifth-year report.--The Administrator shall
transmit to the Congress, not later than February 28 of
the fifth year after the date of enactment of this Act,
a report that provides the following:
(A) A summary of all activities taken
pursuant to paragraph (1) since the date of
enactment of this Act.
(B) A summary of expenditures for all
activities pursuant to paragraph (1) since the
date of enactment of this Act.
(4) Initial report.--The Administrator shall
transmit to Congress not later than 1 year after the
date of enactment of this Act an initial report that
provides the following:
(A) An analysis of possible alternatives
that NASA may employ to carry out the Survey
program, including ground-based and space-based
alternatives with technical descriptions.
(B) A recommended option and proposed
budget to carry out the Survey program pursuant
to the recommended option.
(C) Analysis of possible alternatives that
NASA could employ to divert an object on a
likely collision course with Earth.
TITLE IV--AERONAUTICS
SEC. 401. DEFINITION.
For purposes of this title, the term ``institution of
higher education'' has the meaning given that term by section
101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
Subtitle A--Governmental Interest in Aeronautics Research and
Development
SEC. 411. GOVERNMENTAL INTEREST.
Congress reaffirms the national commitment to aeronautics
research made in the National Aeronautics and Space Act of
1958. Aeronautics research and development remains a core
mission of NASA. NASA is the lead agency for civil aeronautics
research. Further, the government of the United States shall
promote aeronautics research and development that will expand
the capacity, ensure the safety, and increase the efficiency of
the Nation's air transportation system, promote the security of
the Nation, protect the environment, and retain the leadership
of the United States in global aviation.
Subtitle B--High Priority Aeronautics Research and Development Programs
SEC. 421. FUNDAMENTAL RESEARCH PROGRAM.
(a) Objective.--In order to ensure that the Nation
maintains needed capabilities in fundamental areas of
aeronautics research,the Administrator shall establish a
program of long-term fundamental research in aeronautical sciences and
technologies that is not tied to specific development projects.
(b) Operation.--The Administrator shall conduct the program
under this section, in part by awarding grants to institutions
of higher education. The Administrator shall encourage the
participation of institutions of higher education located in
States that participate in the Experimental Program to
Stimulate Competitive Research. All grants to institutions of
higher education under this section shall be awarded through
merit review.
(c) Assessment.--The Administrator shall enter into an
arrangement with the National Research Council for an
assessment of the Nation's future requirements for fundamental
aeronautics research and whether the Nation will have a skilled
research workforce and research facilities commensurate with
those requirements. The assessment shall include an
identification of any projected gaps, and recommendations for
what steps should be taken by the Federal Government to
eliminate those gaps.
(d) Report.--The Administrator shall transmit the
assessment, along with NASA's response to the assessment, to
Congress not later than 2 years after the date of enactment of
this Act.
SEC. 422. RESEARCH AND TECHNOLOGY PROGRAMS.
(a) Environmental Aircraft Research and Development.--The
Administrator may establish an initiative with the objective of
developing, and demonstrating in a relevant environment,
technologies to enable the following commercial aircraft
performance characteristics:
(1) Noise.--Noise levels on takeoff and on airport
approach and landing that do not exceed ambient noise
levels in the absence of flight operations in the
vicinity of airports from which such commercial
aircraft would normally operate.
(2) Energy consumption.--Twenty-five percent
reduction in the energy required for medium- to long-
range flights, compared to aircraft in commercial
service as of the date of enactment of this Act.
(3) Emissions.--Nitrogen oxides on take-off and
landing that are significantly reduced, without
adversely affecting hydrocarbons and smoke, relative to
aircraft in commercial service as of the date of
enactment of this Act.
(b) Supersonic Transport Research and Development.--The
Administrator may establish an initiative with the objective of
developing and demonstrating, in a relevant environment,
airframe and propulsion technologies to enable efficient,
economical overland flight of supersonic civil transport
aircraft with no significant impact on the environment.
(c) Rotorcraft and Other Runway-Independent Air Vehicles.--
The Administrator may establish a rotorcraft and other runway-
independent air vehicles initiative with the objective of
developing and demonstrating improved safety, noise, and
environmental impact in a relevant environment.
(d) Hypersonics Research.--The Administrator may establish
a hypersonics research program with the objective of exploring
the science and technology of hypersonic flight using air-
breathing propulsion concepts, through a mix of theoretical
work, basic and applied research, and development of flight
research demonstration vehicles. The program may also include
the transition to the hypersonic range of Mach 3 to Mach 5.
(e) Revolutionary Aeronautical Concepts.--The Administrator
may establish a research program which covers a unique range of
subsonic, fixed wing vehicles and propulsion concepts. This
research is intended to push technology barriers beyond current
subsonic technology. Propulsion concepts include advanced
materials, morphing engines, hybrid engines, and fuel cells.
(f) Fuel Cell-Powered Aircraft Research.--
(1) Objective.--The Administrator may establish a
fuel-cell powered aircraft research program whose
objective shall be to develop and test concepts to
enable a hydrogen fuel cell-powered aircraft that would
have no hydrocarbon or nitrogen oxide emissions into
the environment.
(2) Approach.--The Administrator may establish a
program of competitively awarded grants available to
teams of researchers that may include the participation
of individuals from universities, industry, and
government for the conduct of this research.
(g) Mars Aircraft Research.--
(1) Objective.--The Administrator may establish a
Mars Aircraft project whose objective shall be to
develop and test concepts for an uncrewed aircraft that
could operate for sustained periods in the atmosphere
of Mars.
(2) Approach.--The Administrator may establish a
program of competitively awarded grants available to
teams of researchers that may include the participation
of individuals from universities, industry, and
government for the conduct of this research.
SEC. 423. AIRSPACE SYSTEMS RESEARCH.
(a) Objective.--The Airspace Systems Research program shall
pursue research and development to enable revolutionary
improvements to and modernization of the National Airspace
System, as well as to enable the introduction of new systems
for vehicles that can take advantage of an improved, modern air
transportation system.
(b) Alignment.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall align the
projects of the Airspace Systems Research program so that they
directly support the objectives of the Joint Planning and
Development Office's Next Generation Air Transportation System
Integrated Plan.
SEC. 424. AVIATION SAFETY AND SECURITY RESEARCH.
(a) Objective.--The Aviation Safety and Security Research
program shall pursue research and development activities that
directly address the safety and security needs of the National
Airspace System and the aircraft that fly in it. The program
shall develop prevention, intervention, and mitigation
technologies aimed at causal, contributory, or circumstantial
factors of aviation accidents.
(b) Alignment.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall align the
projects of the Aviation Safety and Security Research program
so that they directly support the objectives of the Joint
Planning and Development Office's Next Generation Air
Transportation System Integrated Plan.
SEC. 425. AVIATION WEATHER RESEARCH.
The Administrator may carry out a program of collaborative
research with the National Oceanic and Atmospheric
Administration on convective weather events, with the goal of
significantly improving the reliability of 2-hour to 6-hour
aviation weather forecasts.
SEC. 426. ASSESSMENT OF WAKE TURBULENCE RESEARCH AND DEVELOPMENT
PROGRAM.
(a) Assessment.--The Administrator shall enter into an
arrangement with the National Research Council for an
assessment of Federal wake turbulence research and development
programs. The assessment shall address at least the following
questions:
(1) Are the Federal research and development goals
and objectives well defined?
(2) Are there any deficiencies in the Federal
research and development goals and objectives?
(3) What roles should be played by each of the
relevant Federal agencies, such as NASA, the Federal
Aviation Administration, and the National Oceanic and
Atmospheric Administration, in wake turbulence research
and development?
(b) Report.--A report containing the results of the
assessment conducted pursuant to subsection (a) shall be
provided to Congress not later than 2 years after the date of
enactment of this Act.
SEC. 427. UNIVERSITY-BASED CENTERS FOR RESEARCH ON AVIATION TRAINING.
(a) In General.--The Administrator may award grants to
institutions of higher education (or consortia thereof) to
establish one or more Centers for Research on Aviation Training
under cooperative agreements with appropriate NASA Centers.
(b) Purpose.--The purpose of the Centers shall be to
investigate the impact of new technologies and procedures,
particularly those related to the aircraft flight deck and to
the air traffic management functions, on training requirements
for pilots and air traffic controllers.
(c) Application.--An institution of higher education (or a
consortium of such institutions) seeking funding under this
section shall submit an application to the Administrator at
such time, in such manner, and containing such information as
the Administrator may require, including, at a minimum, a 5-
year research plan.
(d) Award Duration.--An award made by the Administrator
under this section shall be for a period of 5 years and may be
renewed on the basis of--
(1) satisfactory performance in meeting the goals
of the research plan proposed by the Center in its
application under subsection (c); and
(2) other requirements as specified by the
Administrator.
Subtitle C--Scholarships
SEC. 431. NASA AERONAUTICS SCHOLARSHIPS.
(a) Establishment.--The Administrator shall establish a
program of scholarships for full-time graduate students who are
United States citizens and are enrolled in, or have been
accepted by and have indicated their intention to enroll in,
accredited Masters degree programs in aeronautical engineering
or equivalent programs at institutions of higher education.
Each such scholarship shall cover the costs of room, board,
tuition, and fees, and may be provided for a maximum of 2
years.
(b) Implementation.--Not later than 180 days after the date
of enactment of this Act, the Administrator shall publish
regulations governing the scholarship program under this
section.
(c) Cooperative Training Opportunities.--Students who have
been awarded a scholarship under this section shall have the
opportunity for paid employment at one of the NASA Centers
engaged in aeronautics research and development during the
summer prior to the first year of the student's Masters
program, and between the first and second year, if applicable.
Subtitle D--Data Requests
SEC. 441. AVIATION DATA REQUESTS.
The Administrator shall make available upon request
satellite imagery and aerial photography of remote terrain that
NASA owns at the time of the request to the Administrator of
the Federal Aviation Administration, or the Director of the
Five Star Medallion Program, to assist and train pilots in
navigating challenging topographical features of such terrain.
TITLE V--HUMAN SPACE FLIGHT
SEC. 501. SPACE SHUTTLE FOLLOW-ON.
(a) Policy Statement.--It is the policy of the United
States to possess the capability for human access to space on a
continuous basis.
(b) Progress Report.--Not later than 180 days after the
date of enactment of this Act and annually thereafter, the
Administrator shall transmit a report to the Committee on
Science of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate describing
the progress being made toward developing the Crew Exploration
Vehicle and the Crew Launch Vehicle and the estimated time
before they will demonstrate crewed, orbital spaceflight.
(c) Compliance Report.--If, 1 year before the final planned
flight of the Space Shuttle orbiter, the United States has not
demonstrated a replacement human space flight system, and the
United States cannot uphold the policy described in subsection
(a), the Administrator shall transmit a report to the Committee
on Science of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate
describing--
(1) strategic risks to the United States associated
with the failure to uphold the policy described in
subsection (a);
(2) the estimated length of time during which the
United States will not have its own human access to
space;
(3) what steps will be taken to shorten that length
of time; and
(4) what other means will be used to allow human
access to space during that time.
SEC. 502. TRANSITION.
(a) In General.--The Administrator shall, to the fullest
extent possible consistent with a successful development
program, use the personnel, capabilities, assets, and
infrastructure of the Space Shuttle program in developing the
Crew Exploration Vehicle, Crew Launch Vehicle, and a heavy-lift
launch vehicle.
(b) Plan.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall transmit to the
Committee on Science of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a plan describing how NASA will proceed with its human
space flight programs, which, at a minimum, shall describe--
(1) how NASA will deploy personnel from, and use
the facilities of, the Space Shuttle program to ensure
that the Space Shuttle operates as safely as possible
through its final flight and to ensure that personnel
and facilities from the Space Shuttle program are used
in NASA's exploration programs in accordance with
subsection (a);
(2) the planned number of flights the Space Shuttle
will make before its retirement;
(3) the means, other than the Space Shuttle and the
Crew Exploration Vehicle, including commercial
vehicles, that may be used to ferry crew and cargo to
and from the ISS;
(4) the intended purpose of lunar missions and the
architecture for those missions; and
(5) the extent to which the Crew Exploration
Vehicle will allow for the escape of the crew in an
emergency.
(c) Personnel.--The Administrator shall consult with other
appropriate Federal agencies and with NASA contractors and
employees to develop a transition plan for any Federal and
contractor personnel engaged in the Space Shuttle program who
can no longer be retained because of the retirement of the
Space Shuttle. The plan shall include actions to assist Federal
and contractor personnel in taking advantage of training,
retraining, job placement and relocation programs, and any
other actions that NASA will take to assist the employees. The
plan shall also describe how the Administrator will ensure that
NASA and its contractors will have an appropriate complement of
employees to allow for the safest possible use of the Space
Shuttle through its final flight. The Administrator shall
transmit the plan to the Committee on Science of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate not later than March 31, 2006.
SEC. 503. REQUIREMENTS.
The Administrator shall--
(1) construct an architecture and implementation
plan for NASA's human exploration program that is not
critically dependent on the achievement of milestones
by fixed dates;
(2) implement an exploration technology development
program to enable lunar human and robotic operations
consistent with section 101(b)(2), including surface
power to use on the Moon and other locations;
(3) conduct an in-situ resource utilization
technology program to develop the capability to use
space resources to increase independence from Earth,
and sustain exploration beyond low-Earth orbit; and
(4) pursue aggressively automated rendezvous and
docking capabilities that can support the ISS and other
mission requirements.
SEC. 504. GROUND-BASED ANALOG CAPABILITIES.
(a) In General.--The Administrator may establish a ground-
based analog capability in remote United States locations in
order to assist in the development of lunar operations, life
support, and in-situ resource utilization experience and
capabilities.
(b) Environmental Characteristics.--The Administrator shall
select locations for the activities described in subsection (a)
that--
(1) are regularly accessible;
(2) have significant temperature extremes and
range; and
(3) have access to energy and natural resources
(including geothermal, permafrost, volcanic, or other
potential resources).
(c) Involvement of Local Populations; Private Sector
Partners.--In carrying out this section, the Administrator
shall involve local populations, academia, and industrial
partners as much as possible to ensure that ground-based
benefits and applications are encouraged and developed.
SEC. 505. ISS COMPLETION.
(a) Policy.--It is the policy of the United States to
achieve diverse and growing utilization of, and benefits from,
the ISS.
(b) Elements, Capabilities, and Configuration Criteria.--
The Administrator shall ensure that the ISS will--
(1) be assembled and operated in a manner that
fulfills international partner agreements, as long as
the Administrator determines that the Shuttle can
safely enable the United States to do so;
(1) be used for a diverse range of microgravity
research, including fundamental, applied, and
commercial research, consistent with section 305;
(2) have an ability to support a crew size of at
least 6 persons, unless the Administrator transmits to
the Committee on Science of the House of
Representatives and the Committee on Commerce, Science,
and Transportation of the Senate not later than 60 days
after the date of enactment of this Act, a report
explaining why such a requirement should not be met,
the impact of not meeting the requirement on the ISS
research agenda and operations and international
partner agreements, and what additional funding or
other steps would be required to have an ability to
support crew size of at least 6 persons;
(3) support Crew Exploration Vehicle docking and
automated docking of cargo vehicles or modules launched
by either heavy-lift or commercially-developed launch
vehicles;
(4) support any diagnostic human research, on-orbit
characterization of molecular crystal growth, cellular
research, and other research that NASA believes is
necessary to conduct, but for which NASA lacks the
capacity to return the materials that need to be
analyzed to Earth; and
(5) be operated at an appropriate risk level.
(c) Contingencies.--
(1) Policy.--The Administrator shall ensure that
the ISS can have available, if needed, sufficient
logistics and on-orbitcapabilities to support any
potential period during which the Space Shuttle or its follow-on crew
and cargo systems are unavailable, and can have available, if needed,
sufficient surge delivery capability or prepositioning of spares and
other supplies needed to accommodate any such hiatus.
(2) Plan.--Not later than 60 days after the date of
enactment of this Act, and before making any change in
the ISS assembly sequence in effect on the date of
enactment of this Act, the Administrator shall transmit
to the Committee on Science of the House of
Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a plan to carry out
the policy described in paragraph (1).
SEC. 506. ISS RESEARCH.
The Administrator shall--
(1) carry out a program of microgravity research
consistent with section 305;
(2) consider the need for a life sciences
centrifuge and any associated holding facilities; and
(3) not later than 90 days after the date of
enactment of this Act, transmit to the Committee on
Science of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate the research plan for NASA utilization of
the ISS and the proposed final configuration of the
ISS, which shall include an identification of
microgravity research that can be performed in ground-
based facilities and then validated in space and an
assessment of the impact of having or not having a life
science centrifuge aboard the ISS.
SEC. 507. NATIONAL LABORATORY DESIGNATION.
(a) Designation.--To further the policy described in
section 501(a), the United States segment of the ISS is hereby
designated a national laboratory.
(b) Management.--
(1) Partnerships.--The Administrator shall seek to
increase the utilization of the ISS by other Federal
entities and the private sector through partnerships,
cost-sharing agreements, and other arrangements that
would supplement NASA funding of the ISS.
(2) Contracting.--The Administrator may enter into
a contract with a nongovernmental entity to operate the
ISS national laboratory, subject to all applicable
Federal laws and regulations.
(c) Plan.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall transmit to the
Committee on Science of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a plan describing how the national laboratory will be
operated. At a minimum, the plan shall describe--
(1) any changes in the research plan transmitted
under section 506(3) and any other changes in the
operation of the ISS resulting from the designation;
(2) any ground-based NASA operations or buildings
that will be considered part of the national
laboratory;
(3) the management structure for the laboratory,
including the rationale for contracting or not
contracting with a nongovernmental entity to operate
the ISS national laboratory;
(4) the workforce that will be considered employees
of the national laboratory;
(5) how NASA will seek the participation of other
parties described in subsection (b)(1); and
(6) a schedule for implementing any changes in ISS
operations, utilization, or management described in the
plan.
(d) United States Segment Defined.--In this section the
term ``United States segment of the ISS'' means those elements
of the ISS manufactured--
(1) by the United States; or
(2) for the United States by other nations in
exchange for funds or launch services.
TITLE VI--OTHER PROGRAM AREAS
Subtitle A--Space and Flight Support
SEC. 601. ORBITAL DEBRIS.
The Administrator, in conjunction with the heads of other
Federal agencies, shall take steps to develop or acquire
technologies that will enable NASA to decrease the risks
associated with orbital debris.
SEC. 602. SECONDARY PAYLOAD CAPABILITY.
(a) In General.--In order to provide more routine and
affordable access to space for a broad range of scientific
payloads, the Administrator is encouraged to provide the
capabilities to support secondary payload flight opportunities
on United States launch vehicles, or free flyers, for
satellites or scientific payloads weighing less than 500
kilograms.
(b) Feasibility Study.--The Administrator shall initiate a
feasibility study for designating a National Free Flyer Launch
Coordination Center as a means of coordinating, consolidating,
and integrating secondary launch capabilities, launch
opportunities, and payloads.
(c) Assessment.--The feasibility study required by
subsection (b) shall include an assessment of the feasibility
of integrating a National Free Flyer Launch Coordination Center
within the operations and facilities of an existing nonprofit
organization such as the Inland Northwest Space Alliance in
Missoula, Montana, or a similar entity, and shall include an
assessment of the potential utilization of existing launch and
launch support facilities and capabilities, including but not
limited to those in the States of Montana and New Mexico and
their respective contiguous States, and the State of Alaska,
for the integration and launch of secondary payloads, including
an assessment of the feasibility of establishing cooperative
agreements among such facilities, existing or future commercial
launch providers, payload developers, and the designated
Coordination Center.
Subtitle B--Education
SEC. 611. INSTITUTIONS IN NASA'S MINORITY INSTITUTIONS PROGRAM.
The matter appearing under the heading ``national
aeronautics and space administration, small and disadvantaged
business'' in title III of the Departments of Veterans Affairs
and Housing and Urban Development, and Independent Agencies
Appropriations Act, 1990 (42 U.S.C. 2473b; 103 Stat. 863) is
amended by striking ``Historically Black Colleges and
Universities and'' and inserting ``Historically Black Colleges
and Universities that are part B institutions (as defined in
section 322(2) of the Higher Education Act of 1965 (20 U.S.C.
1061(2))), Hispanic-serving 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''.
SEC. 612. PROGRAM TO EXPAND DISTANCE LEARNING IN RURAL UNDERSERVED
AREAS.
(a) In General.--The Administrator shall develop or expand
programs to extend science and space educational outreach to
rural communities and schools through video conferencing,
interpretive exhibits, teacher education, classroom
presentations, and student field trips.
(b) Priorities.--In carrying out subsection (a), the
Administrator shall give priority to existing programs,
including Challenger Learning Centers--
(1) that utilize community-based partnerships in
the field;
(2) that build and maintain video conference and
exhibit capacity;
(3) that travel directly to rural communities and
serve low-income populations; and
(4) with a special emphasis on increasing the
number of women and minorities in the science and
engineering professions.
SEC. 613. CHARLES ``PETE'' CONRAD ASTRONOMY AWARDS.
(a) Short Title.--This section may be cited as the
``Charles `Pete' Conrad Astronomy Awards Act''.
(b) Definitions.--For the purposes of this section--
(1) the term ``amateur astronomer'' means an
individual whose employer does not provide any funding,
payment, or compensation to the individual for the
observation of asteroids and other celestial bodies,
and does not include any individual employed as a
professional astronomer;
(2) the term ``Minor Planet Center'' means the
Minor Planet Center of the Smithsonian Astrophysical
Observatory;
(3) the term ``near-Earth asteroid'' means an
asteroid with a perihelion distance of less than 1.3
Astronomical Units from the Sun; and
(4) the term ``Program'' means the Charles ``Pete''
Conrad Astronomy Awards Program established under
subsection (c).
(c) Pete Conrad Astronomy Award Program.--
(1) In general.--The Administrator shall establish
the Charles ``Pete'' Conrad Astronomy Awards Program.
(2) Awards.--The Administrator shall make awards
under the Program based on the recommendations of the
Minor Planet Center.
(3) Award categories.--The Administrator shall make
one annual award, unless there are no eligible
discoveries or contributions, for each of the following
categories:
(A) The amateur astronomer or group of
amateur astronomers who in the preceding
calendar year discovered the intrinsically
brightest near-Earth asteroid among the near-
Earth asteroids that were discovered during
that year by amateur astronomers or groups of
amateur astronomers.
(B) The amateur astronomer or group of
amateur astronomers who made the greatest
contribution to the Minor Planet Center's
mission of cataloguing near-Earth asteroids
during the preceding year.
(4) Award amount.--An award under the Program shall
be in the amount of $3,000.
(5) Guidelines.--(A) No individual who is not a
citizen or permanent resident of the United States at
the time of his discovery or contribution may receive
an award under this section.
(B) The decisions of the Administrator in making
awards under this section are final.
SEC. 614. REVIEW OF EDUCATION PROGRAMS.
(a) In General.--The Administrator shall enter into an
arrangement with the National Research Council of the National
Academy of Sciences to conduct a review and evaluation of
NASA's precollege science, technology, and mathematics
education program. The review and evaluation shall be
documented in a report to the Administrator and shall include
such recommendations as the National Research Council
determines will improve the effectiveness of the program.
(b) Review.--The review and evaluation under subsection (a)
shall include--
(1) an evaluation of the effectiveness of the
overall program in meeting its defined goals and
objectives;
(2) an assessment of the quality and educational
effectiveness of the major components of the program,
including an evaluation of the adequacy of assessment
metrics and data collection requirements available for
determining the effectiveness of individual projects;
(3) an evaluation of the funding priorities in the
program, including a review of the funding level and
funding trend for each major component of the program
and an assessment of whether the resources made
available are consistent with meeting identified goals
and priorities; and
(4) a determination of the extent and the
effectiveness of coordination and collaboration between
NASA and other Federal agencies that sponsor science,
technology, and mathematics education activities.
(c) Report to Congress.--Not later than 18 months after the
date of enactment of this Act, the Administrator shall transmit
to the Committee on Science of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the
Senatethe results of the review and evaluation required under
subsection (a).
SEC. 615. EQUAL ACCESS TO NASA'S EDUCATION PROGRAMS.
(a) In General.--The Administrator shall strive to ensure
equal access for minority and economically disadvantaged
students to NASA's education programs.
(b) Report.--Not later than 1 year after the date of
enactment of this Act, and every 2 years thereafter, the
Administrator shall submit a report to the Committee on Science
of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate describing the
efforts by the Administrator to ensure equal access for
minority and economically disadvantaged students under this
section and the results of such efforts. As part of the report,
the Administrator shall provide--
(1) data on minority participation in NASA's
education programs, at a minimum in the following
categories: elementary and secondary education,
undergraduate education, and graduate education; and
(2) the total value of grants NASA made to
Historically Black Colleges and Universities and to
Hispanic Serving Institutions through education
programs during the period covered by the report.
(c) Program.--The Administrator shall establish the Dr. Mae
C. Jemison Grant Program to work with Minority Serving
Institutions to bring more women of color into the field of
space and aeronautics.
SEC. 616. MUSEUMS.
The Administrator may provide grants to, and enter into
cooperative agreements with, museums and planetariums to enable
them to enhance programs related to space exploration,
aeronautics, space science, earth science, or microgravity.
SEC. 617. REVIEW OF MUST PROGRAM.
Not later than 60 days after the date of enactment of this
Act, the Administrator shall transmit a report to Congress on
the legal status of the Motivating Undergraduates in Science
and Technology program. If the report concludes that the
program is in compliance with the laws of the United States,
NASA shall implement the program, as planned in the July 5,
2005, NASA Research Announcement.
SEC. 618. CONTINUATION OF CERTAIN EDUCATION PROGRAMS.
From amounts appropriated to NASA for education programs,
the Administrator shall ensure the continuation of the Space
Grant Program, the Experimental Program to Stimulate
Competitive Research, and, consistent with the results of the
review under section 614, the NASA Explorer School program, to
motivate and develop the next generation of explorers.
SEC. 619. IMPLEMENTATION OF PREVIOUS RECOMMENDATIONS.
(a) GAO Report.--Not more than 180 days after the date of
enactment of this Act, the Administrator shall transmit to the
Committee on Science of the House of Representatives and the
Committee of Commerce, Science, and Transportation of the
Senate a report describing action taken by NASA to implement
the recommendations contained in the Government Accountability
Office's Report No. 04-639.
(b) Compliance.--To comply with title IX of the Education
Amendments of 1972 (20 U.S.C. 1681 et seq.), the Administrator
shall conduct compliance reviews of at least 2 grantees
annually.
Subtitle C--Technology Transfer
SEC. 621. COMMERCIAL TECHNOLOGY TRANSFER PROGRAM.
(a) In General.--The Administrator shall execute a
commercial technology transfer program with the goal of
facilitating the exchange of services, products, and
intellectual property between NASA and the private sector. This
program shall place at least as much emphasis on encouraging
the transfer of NASA technology to the private sector
(``spinning out'') as on encouraging use of private sector
technology by NASA. This program shall be maintained in a
manner that provides clear benefits for the agency, the
domestic economy, and the research community.
(b) Program Structure.--In carrying out the program
described in subsection (a), the Administrator shall provide
program participants with at least 45 days notice of any
proposed changes to the structure of NASA's technology transfer
and commercialization organizations that is in effect as of the
date of enactment of this Act.
TITLE VII--MISCELLANEOUS PROVISIONS
Subtitle A--National Aeronautics and Space Administration
SEC. 701. RETROCESSION OF JURISDICTION.
The National Aeronautics and Space Act of 1958 (42 U.S.C.
2451 et seq.) is amended by adding at the end of title III the
following new section:
``RETROCESSION OF JURISDICTION
``Sec. 316. (a) Notwithstanding any other provision of law,
the Administrator may relinquish to a State all or part of the
legislative jurisdiction of the United States over lands or
interests under the control of the Administrator in that State.
``(b) For purposes of this section, the term `State' means
any of the several States, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin Islands,
Guam, American Samoa, the Northern Mariana Islands, and any
other commonwealth, territory, or possession of the United
States.''.
SEC. 702. EXTENSION OF INDEMNIFICATION.
Section 309 of the National Aeronautics and Space Act of
1958 (42 U.S.C. 2458c) is amended in subsection (f)(1) by
striking ``December 31, 2002'' and all that follows and
inserting ``December 31, 2010.''.
SEC. 703. NASA SCHOLARSHIPS.
(a) Amendments.--Section 9809 of title 5, United States
Code, is amended--
(1) in subsection (a)(2) by striking ``Act.'' and
inserting ``Act (42 U.S.C. 1885a or 1885b).'';
(2) in subsection (c) by striking ``require.'' and
inserting ``require to carry out this section.'';
(3) in subsection (f)(1) by striking the last
sentence; and
(4) in subsection (g)(2) by striking ``Treasurer of
the'' and all that follows through ``by 3'' and
inserting ``Treasurer of the United States''.
(b) Repeal.--The Vision 100-Century of Aviation
Reauthorization Act is amended by striking section 703 (42
U.S.C. 2473e).
SEC. 704. INDEPENDENT COST ANALYSIS.
Section 301 of the National Aeronautics and Space
Administration Authorization Act of 2000 (42 U.S.C. 2459g) is
amended--
(1) by striking ``Phase B'' in subsection (a) and
inserting ``implementation'';
(2) by striking ``$150,000,000'' and inserting
``$250,000,000'';
(3) by striking ``Chief Financial Officer'' each
place it appears in subsection (a) and inserting
``Administrator'';
(4) by inserting ``and consider'' in subsection (a)
after ``shall conduct''; and
(5) by striking subsection (b) and inserting the
following:
``(b) Implementation Defined.--In this section, the term
`implementation' means all activity in the life cycle of a
project after preliminary design, independent assessment of the
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.''.
SEC. 705. RECOVERY AND DISPOSITION AUTHORITY.
Title III of the National Aeronautics and Space Act of
1958, as amended by section 701 of this Act, is further amended
by adding at the end the following:
``SEC. 317. RECOVERY AND DISPOSITION AUTHORITY.
``(a) In General.--
``(1) Control of remains.--Subject to paragraphs
(2) and (3), when there is an accident or mishap
resulting in the death of a crewmember of a NASA human
space flight vehicle, the Administrator may take
control over the remains of the 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.
``(3) Construction.--This section shall not be
construed to permit the Administrator to interfere with
any Federal investigation of a mishap or accident.
``(b) Definitions.--In this section:
``(1) Crewmember.--The term `crewmember' means an
astronaut or other person assigned to a NASA human
space flight vehicle.
``(2) NASA human space flight vehicle.--The term
`NASA human space flight vehicle' means a space
vehicle, as defined in section 308(f)(1), that
``(A) is intended to transport 1 or more
persons;
``(B) is designed to operate in outer
space; and
``(C) is either owned by NASA, or owned by
a NASA contractor or cooperating party and
operated as part of a NASA mission or a joint
mission with NASA.''.
SEC. 706. CHANGES TO EXISTING LAWS ON REPORTS.
(a) Section 201 of the National Aeronautics and Space
Administration Authorization Act of 2000 (42 U.S.C. 2451 note)
is amended--
(1) by striking ``and not later than the first day
of every second month thereafter until October 1,
2006'' and inserting ``and semiannually thereafter
until December 31, 2011''; and
(2) by adding at the end the following: ``Each such
report shall also identify each Russian entity or
person to whom NASA has, since the date of the
enactment of the Iran Nonproliferation Amendments Act
of 2005, made a payment in cash or in-kind for work to
be performed or services to be rendered under the
Agreement Concerning Cooperation on the Civil
International Space Station, with annex, signed at
Washington January 29, 1998, and entered into force
March 27, 2001, or any protocol, agreement, memorandum
of understanding, or contract related thereto. Each
report shall include the specific purpose of each
payment made to each entity or person identified in the
report.''.
(b) Section 304(b) of the Federal Aviation Administration
Research, Engineering, and Development Authorization Act of
1992 (49 U.S.C. 47508 note) is amended by striking ``2000'' and
inserting ``2010''.
(c) Section 323 of the National Aeronautics and Space
Administration Authorization Act of 2000 is amended by striking
subsection (a).
SEC. 707. SMALL BUSINESS CONTRACTING.
(a) Plan.--In consultation with the Small Business
Administration, the Administrator shall develop a plan to
maximize the number and amount of contracts awarded to small
business concerns (within the meaning given that term in
section 3 of the Small Business Act (15 U.S.C. 632)) and to
meet established contracting goals for such concerns.
(b) Priority.--The Administrator shall establish as a
priority meeting the contracting goals developed in conjunction
with the Small Business Administration to maximize the amount
of prime contracts, as measured in dollars, awarded in each
fiscal year by NASA to small business concerns (within the
meaning given that term in section 3 of the Small Business Act
(15 U.S.C. 632)).
SEC. 708. NASA HEALTHCARE PROGRAM.
The Administrator shall develop a plan to better understand
the longitudinal health effects of space flight on humans. In
the development of the plan, the Administrator shall consider
the need forthe establishment of a lifetime healthcare program
for NASA astronauts and their families or other methods to obtain
needed health data from astronauts and retired astronauts.
SEC. 709. OFFSHORE PERFORMANCE OF CONTRACTS FOR THE PROCUREMENT OF
GOODS AND SERVICES.
The Administrator shall submit to Congress, not later than
120 days after the end of each fiscal year beginning with the
first fiscal year after the date of enactment of this Act, a
report on the contracts and subcontracts performed overseas and
the amount of purchases directly or indirectly by NASA from
foreign entities in that fiscal year. The report shall
separately indicate--
(1) the contracts and subcontracts and their dollar
values for which the Administrator determines that
essential goods or services under the contract are
available only from a source outside the United States;
and
(2) the items and their dollar values for which the
Buy American Act was waived pursuant to obligations of
the United States under international agreements.
SEC. 710. STUDY ON ENHANCED USE LEASING.
Not later than one year after the date of enactment of this
Act, the Comptroller General shall transmit to the Committee on
Science of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a review of
NASA's enhanced use leasing pilot program established by
section 315 of the National Aeronautics and Space
Administration Act of 1958 (42 U.S.C. 2459j). At a minimum the
review shall analyze--
(1) the financial impact of the program, taking
into account revenue foregone by the United States,
whether such revenue would have been realized in the
absence of the program, and any revenue that accrued to
NASA because of the program;
(2) the use and effectiveness of the program; and
(3) whether the arrangements made under the program
would have been made in the absence of the program.
Subtitle B--National Science Foundation
SEC. 721. DATA ON SPECIFIC FIELDS OF STUDY.
The National Science Foundation shall continue to collect
statistically reliable data on the field of degree of college-
educated individuals to fulfill obligations under section
4(j)(1) of the National Science Foundation Act of 1950 (42
U.S.C. 1863(j)(1)) and the Science and Engineering Equal
Opportunities Act (42 U.S.C. 1885 et. seq.). If the Director of
the Foundation determines that there is a legal impediment to
the continued collection of this data, he shall inform the
Committee on Science of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate not later than 180 days after the date of enactment of
this Act.
SEC. 722. NATIONAL SCIENCE FOUNDATION MAJOR RESEARCH EQUIPMENT AND
FACILITIES.
(a) Astronomical Sciences Senior Review.--
(1) Review.--The Director of the National Science
Foundation shall charge the Mathematical and Physical
Sciences Advisory Committee with conducting a review of
the astronomical facilities supported by the Foundation
to determine the appropriate balance between supporting
the operation of existing facilities and supporting the
design, development, and eventual operation of new
facilities. The review shall recommend actions that
would enable the Foundation to support priorities
recommended in the National Academy of Sciences reports
``Astronomy and Astrophysics in the New Millennium''
and ``Connecting Quarks with the Cosmos''.
(2) Transmittal.--The Director shall transmit the
review, along with a schedule for implementing any
recommendations the Director accepts and an explanation
for rejecting any recommendations, to the Committee on
Science of the House of Representatives and the
Committee of Commerce, Science, and Transportation of
the Senate no later than June 30, 2006.
(b) Plan for Funding Design and Development for Major
Research Equipment and Facilities Construction Projects.--
(1) In general.--The Director of the National
Science Foundation shall develop a plan to facilitate
more thorough design and development of facilities that
can be considered for funding through the Major
Research Equipment and Facilities Construction account.
(2) Considerations.--In developing the plan, the
Director shall consider--
(A) steps to encourage and ease cross-
directorate collaboration;
(B) ways to ensure that a Directorate that
will eventually support the operation of a
facility is fully committed to that facility
from the outset;
(C) providing funding for the design and
development of facilities from new sources
within the Foundation; and
(D) ways to enable and encourage entities
proposing facilities projects to receive design
and development funding from nongovernmental
sources.
(3) Transmittal.--No later than June 30, 2006, the
Director of the National Science Foundation shall
transmit to the Committee on Science of the House of
Representatives and the Committee on Commerce, Science,
and Transportation of the Senate the plan, along with a
statement from the Director describing how the plan
addresses the considerations described in paragraph
(2).
TITLE VIII--TASK FORCE AND COMMISSION
Subtitle A--International Space Station Independent Safety Task Force
SEC. 801. ESTABLISHMENT OF TASK FORCE.
(a) Establishment.--The Administrator shall establish an
independent task force to review the International Space
Station program with the objective of discovering and assessing
any vulnerabilities of the International Space Station that
could lead toits destruction, compromise the health of its
crew, or necessitate its premature abandonment.
(b) Deadline for Establishment.--The Administrator shall
establish the independent task force within 60 days after the
date of enactment of this Act.
SEC. 802. TASKS OF THE TASK FORCE.
The independent task force established under section 801
shall, to the extent possible, undertake the following tasks:
(1) Catalogue threats to and vulnerabilities of the
ISS, including design flaws, natural phenomena,
computer software or hardware flaws, sabotage or
terrorist attack, number of crewmembers, inability to
adequately deliver replacement parts and supplies, and
management or procedural deficiencies.
(2) Make recommendations for corrective actions.
(3) Provide any additional findings or
recommendations related to ISS safety.
(4) Prepare a report to the Administrator,
Congress, and the public.
SEC. 803. COMPOSITION OF THE TASK FORCE.
(a) External Organizations.--The independent task force
shall include at least one representative from each of the
following external organizations:
(1) The Aerospace Safety Advisory Panel.
(2) The Task Force on International Space Station
Operational Readiness of the NASA Advisory Council, or
its successor.
(3) The Aeronautics and Space Engineering Board of
the National Research Council.
(c) Independent Organizations Within NASA.--The independent
task force shall also include at least the following
individuals from within NASA:
(1) NASA's Chief Engineer.
(2) The head of the Independent Technical
Authority.
(3) The head of the Safety and Mission Assurance
Office.
(4) The head of the NASA Engineering and Safety
Center.
SEC. 804. REPORTING REQUIREMENTS.
(a) Interim Reports.--The independent task force may
transmit to the Administrator and Congress, and make
concurrently available to the public, interim reports
containing such findings, conclusions, and recommendations for
corrective actions as have been agreed to by a majority of the
task force members.
(b) Final Report.--The task force shall transmit to the
Administrator and Congress, and make concurrently available to
the public, a final report containing such findings,
conclusions, and recommendations for corrective actions as have
been agreed to by a majority of task force members. Such report
shall include any minority views or opinions not reflected in
the majority report.
(c) Approval.--The independent task force shall not be
required to seek the approval of the contents of any of the
reports submitted under subsection (a) or (b) by the
Administrator or by any person designated by the Administrator
prior to the submission of the reports to the Administrator and
Congress and to their being made concurrently available to the
public.
SEC. 805. SUNSET.
The independent task force established under this subtitle
shall transmit its final report to the Administrator and to
Congress and make it available to the public not later than 1
year after the independent task force is established and shall
cease to exist after the transmittal.
Subtitle B--Human Space Flight Independent Investigation Commission
SEC. 821. DEFINITIONS.
For purposes of this subtitle--
(1) the term ``Commission'' means a Commission
established under this title; and
(2) the term ``incident'' means either an accident
or a deliberate act.
SEC. 822. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--The President shall establish an
independent, nonpartisan Commission within the executive branch
to investigate any incident that results in the loss of--
(1) a Space Shuttle;
(2) the International Space Station or its
operational viability;
(3) any other United States space vehicle carrying
humans that is owned by the Federal Government or that
is being used pursuant to a contract with the Federal
Government; or
(4) a crew member or passenger of any space vehicle
described in this subsection.
(b) Deadline for Establishment.--The President shall
establish a Commission within 7 days after an incident
specified in subsection (a).
SEC. 823. TASKS OF THE COMMISSION.
A Commission established pursuant to this subtitle shall,
to the extent possible, undertake the following tasks:
(1) Investigate the incident.
(2) Determine the cause of the incident.
(3) Identify all contributing factors to the cause
of the incident.
(4) Make recommendations for corrective actions.
(5) Provide any additional findings or
recommendations deemed by the Commission to be
important, whether or not they are related to the
specific incident under investigation.
(6) Prepare a report to Congress, the President,
and the public.
SEC. 824. COMPOSITION OF COMMISSION.
(a) Number of Commissioners.--A Commission established
pursuant to this subtitle shall consist of 15 members.
(b) Selection.--The members of a Commission shall be chosen
in the following manner:
(1) The President shall appoint the members, and
shall designate the Chairman and Vice Chairman of the
Commission from among its members.
(2) The majority leader of the Senate, the minority
leader of the Senate, the Speaker of the House of
Representatives, and the minority leader of the House
of Representatives shall each provide to the President
a list of candidates for membership on the Commission.
The President may select one of the candidates from
each of the 4 lists for membership on the Commission.
(3) No officer or employee of the Federal
Government or Member of Congress shall serve as a
member of the Commission.
(4) No member of the Commission shall have, or have
pending, a contractual relationship with NASA.
(5) The President shall not appoint any individual
as a member of a Commission under this section who has
a current or former relationship with the Administrator
that the President determines would constitute a
conflict of interest.
(6) To the extent practicable, the President shall
ensure that the members of the Commission include some
individuals with experience relative to human carrying
spacecraft, as well as some individuals with
investigative experience and some individuals with
legal experience.
(7) To the extent practicable, the President shall
seek diversity in the membership of the Commission.
(c) Deadline for Appointment.--All members of a Commission
established under this subtitle shall be appointed no later
than 30 days after the incident.
(d) Initial Meeting.--A Commission shall meet and begin
operations as soon as practicable.
(e) Quorum; Vacancies.--After its initial meeting, a
Commission shall meet upon the call of the Chairman or a
majority of its members. Eight members of a Commission shall
constitute a quorum. Any vacancy in a Commission shall not
affect its powers, but shall be filled in the same manner in
which the original appointment was made.
SEC. 825. POWERS OF COMMISSION.
(a) Hearings and Evidence.--A Commission or, on the
authority of the Commission, any subcommittee or member
thereof, may, for the purpose of carrying out this subtitle--
(1) hold such hearings and sit and act at such
times and places, take such testimony, receive such
evidence, administer such oaths; and
(2) require, by subpoena or otherwise, the
attendance and testimony of such witnesses and the
production of such books, records, correspondence,
memoranda, papers, and documents,
as the Commission or such designated subcommittee or designated
member may determine advisable.
(b) Contracting.--A Commission may, to such extent and in
such amounts as are provided in appropriation Acts, enter into
contracts to enable the Commission to discharge its duties
under this subtitle.
(c) Information From Federal Agencies.--
(1) In general.--A Commission may secure directly
from any executive department, bureau, agency, board,
commission, office, independent establishment, or
instrumentality of the Government, information,
suggestions, estimates, and statistics for the purposes
of this subtitle. Each department, bureau, agency,
board, commission, office, independent establishment,
or instrumentality shall, to the extent authorized by
law, furnish such information, suggestions, estimates,
and statistics directly to the Commission, upon request
made by the Chairman, the chairman of any subcommittee
created by a majority of the Commission, or any member
designated by a majority of the Commission.
(2) Receipt, handling, storage, and
dissemination.--Information shall only be received,
handled, stored, and disseminated by members of the
Commission and its staff consistent with all applicable
statutes, regulations, and Executive orders.
(d) Assistance From Federal Agencies.--
(1) General services administration.--The
Administrator of General Services shall provide to a
Commission on a reimbursable basis administrative
support and other services for the performance of the
Commission's tasks.
(2) Other departments and agencies.--In addition to
the assistance prescribed in paragraph (1), departments
and agencies of the United States may provide to the
Commission such services, funds, facilities, staff, and
other support services as they may determine advisable
and as may be authorized by law.
(3) NASA engineering and safety center.--The NASA
Engineering and Safety Center shall provide data and
technical support as requested by the Commission.
SEC. 826. PUBLIC MEETINGS, INFORMATION, AND HEARINGS.
(a) Public Meetings and Release of Public Versions of
Reports.--A Commission shall--
(1) hold public hearings and meetings to the extent
appropriate; and
(2) release public versions of the reports required
under this subtitle.
(b) Public Hearings.--Any public hearings of a Commission
shall be conducted in a manner consistent with the protection
of information provided to or developed for or by the
Commission as required by any applicable statute, regulation,
or Executive order.
SEC. 827. STAFF OF COMMISSION.
(a) Appointment and Compensation.--The Chairman, in
consultation with Vice Chairman, in accordance with rules
agreed upon by a Commission, may appoint and fix the
compensation of a staff director and such other personnel as
may be necessary to enable the Commission to carry out its
functions.
(b) Detailees.--Any Federal Government employee, except for
an employee of NASA, may be detailed to a Commission without
reimbursement from the Commission, and such detailee shall
retain the rights, status, and privileges of his or her regular
employment without interruption.
(c) Consultant Services.--A Commission may procure the
services of experts and consultants in accordance with section
3109 of title 5, United States Code, but at rates not to exceed
the daily rate paid a person occupying a position at level IV
of the Executive Schedule under section 5315 of title 5, United
States Code. Any consultant or expert whose services are
procured under this subsectionshall disclose any contract or
association it has with NASA or any NASA contractor.
SEC. 828. COMPENSATION AND TRAVEL EXPENSES.
(a) Compensation.--Each member of a Commission may be
compensated at not to exceed the daily equivalent of the annual
rate of basic pay in effect for a position at level IV of the
Executive Schedule under section 5315 of title 5, United States
Code, for each day during which that member is engaged in the
actual performance of the duties of the Commission.
(b) Travel Expenses.--While away from their homes or
regular places of business in the performance of services for
the Commission, members of a Commission shall be allowed travel
expenses, including per diem in lieu of subsistence, in the
same manner as persons employed intermittently in the
Government service are allowed expenses under section 5703(b)
of title 5, United States Code.
SEC. 829. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF.
The appropriate Federal agencies or departments shall
cooperate with a Commission in expeditiously providing to the
Commission members and staff appropriate security clearances to
the extent possible pursuant to existing procedures and
requirements. No person shall be provided with access to
classified information under this subtitle without the
appropriate security clearances.
SEC. 830. REPORTING REQUIREMENTS AND TERMINATION.
(a) Interim Reports.--A Commission may submit to the
President and Congress interim reports containing such
findings, conclusions, and recommendations for corrective
actions as have been agreed to by a majority of Commission
members.
(b) Final Report.--A Commission shall submit to the
President and Congress, and make concurrently available to the
public, a final report containing such findings, conclusions,
and recommendations for corrective actions as have been agreed
to by a majority of Commission members. Such report shall
include any minority views or opinions not reflected in the
majority report.
(c) Termination.--
(1) In general.--A Commission, and all the
authorities of this subtitle with respect to that
Commission, shall terminate 60 days after the date on
which the final report is submitted under subsection
(b).
(2) Administrative activities before termination.--
A Commission may use the 60-day period referred to in
paragraph (1) for the purpose of concluding its
activities, including providing testimony to committees
of Congress concerning its reports and disseminating
the final report.
And the House agree to the same.
From the Committee on Science, for
consideration of the Senate bill and the House
amendment, and modifications committed to
conference:
Sherwood Boehlert,
Ken Calvert,
Ralph M. Hall,
Lamar Smith,
Bart Gordon,
Mark Udall,
Michael M. Honda,
Ms. Jackson-Lee of Texas is appointed in lieu
of Mr. Honda for consideration of secs. 111 and
615 of the House amendment, and modifications
committed to conference.
Sheila Jackson-Lee,
For consideration of the Senate bill and House
amendment, and modifications committed to
conference:
Tom DeLay,
Managers on the Part of the House.
Ted Stevens,
Trent Lott,
Kay Bailey Hutchison,
Daniel K. Inouye,
Bill Nelson,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The managers on the part of the House and the Senate at the
conference on the disagreeing votes of the two Houses on the
amendment of the House to the bill (S. 1281) 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, submit the following joint statement to the House and the
Senate in explanation of the effect of the action agreed upon
by the managers and recommended in the accompanying conference
report:
The House amendment struck all of the Senate bill after the
enacting clause and inserted a substitute text.
The Senate recedes from its disagreement to the amendment
of the House with an amendment that is a substitute for the
Senate bill and the House amendment. The differences between
the Senate bill, and the House amendment, and the substitute
agreed to in conference are noted below, except for clerical
corrections, conforming changes made necessary by agreements
reached by the conferees, and minor drafting and clerical
changes.
This legislation authorizes the appropriations of funds for
the National Aeronautics and Space Administration (NASA), for
the fiscal years 2007 and 2008. In addition, it sets forth a
framework of policy guidance, program management authorities
and requirements, and means for ensuring accountability in
program management and oversight.
U.S. CIVIL SPACE GOALS/VISION FOR SPACE EXPLORATION
The conferees endorse the President's Vision for Space
Exploration and outline the rationale for it in section 101(b)
of the Conference Report. The conferees believe that the
Conference Report provides a strong legislative foundation for
the pursuit of the nation's continued exploration of space in a
manner that both preserves the important legacy of
accomplishments in science, aeronautics and human space flight
and provides NASA with the authority to move its new program of
exploration forward.
SCIENCE
In an increasingly technological age, scientific and
technical excellence is fundamental to securing the nation's
economic and security interests and to inspiring and educating
the next generation of scientists, engineers, astronauts, and
entrepreneurs. The conferees agree that a continued strong and
diverse array of programs in the areas of space science, earth
science and education is essential, and the Conference Report
combines important elements of the Senate- and House-passed
legislation in order to ensure that such activities continue to
represent a major portion of NASA's programs and priorities and
that such activities are judged on their own merits.
HUMAN SPACE FLIGHT AND SPACE TRANSPORTATION
The conferees agree that it is important for the United
States to have continuing, safe and reliable human access to
space. The conferees further acknowledge the need to provide
the smoothest possible transition between the eventual
retirement of the space shuttle and the development of the new
Crew Exploration Vehicle (CEV) and Crew Launch Vehicle (CLV).
Section 502 of the Conference Report lays out an approach for
an effective transition. At the same time, the Conference
Report provides important oversight guidance, in terms of
planning, funding projections and accountability, designed to
ensure the success of these new systems' development.
The conferees also recognize the importance of the
International Space Station (ISS) in sections 505 and 506 of
the Conference Report. The conferees recognize the research
potential of the ISS beyond its contribution to long-duration
human spaceflight in support of the Vision for Space
Exploration in several sections, including section 305. The
conferees adopt language that requires a minimum percentage of
ISS research to be directed toward a range of science
disciplines not directly related to supporting the Vision for
Space Exploration. Furthermore, the conferees agree to
provisions based on the Senate-passed bill that designate the
U.S. segment of the ISS as a National Laboratory, paving the
way for the addition of non-NASA resources and non-Government
resources to support space station-based research.
AERONAUTICS POLICY
The conferees agree to provisions included in both Senate-
and House-passed bills that require the development of a
national aeronautics research policy to guide future
investments in this important segment of NASA's mission. A
healthy and vibrant aeronautics research capability and
aerospace industry are vital to the nation's economic security.
The plans and priorities required and highlighted by the
Conference Report should serve to ensure the vitality of
aeronautics research within the framework of a clear set of
national policy objectives to be developed under the provisions
of the Conference Report.
ADDITIONAL SIGNIFICANT PROVISIONS
In addition to the major policy areas noted above, the
conferees agree to a number of significant provisions contained
in both the House- and Senate-passed bills. Among these are
provisions for workforce management, the encouragement and
authorization of significant commercial participation in a full
range of science, aeronautics, and exploration activities,
enhanced program fiscal and management accountability, and
significant measures providing for independent oversight of
NASA programs and management. A number of these provisions are
further described in the balance of the explanatory statement.
EXPLANATION OF SELECTED PROVISIONS
Sec. 101(d). Science
Section 101(d) directs the Administrator to develop a plan
to guide the space science and earth science programs of NASA
through 2016. The priority ranking required by this subsection
is a single ranking of all the missions that NASA lists
pursuant to paragraph (2)(A), not a ranking categorized by
theme or any other category.
The conferees understand that NASA will have to update and
revise the plans and priorities periodically. The conferees do
not intend that NASA be bound by this plan until 2016. But the
plan should be based on the best possible current assessment of
what NASA will be able to do between now and 2016.
The conferees are aware that the National Academy of
Sciences is continuing to work on an Earth Science and
Applications from Space Decadal Survey which is due to be
completed in 2006. In preparing the science plan, NASA should,
to the greatest extent possible, take into consideration
information available from the Decadal Survey. The conferees
expect NASA to notify the authorizing committees if the
completed Decadal Survey would change any of the information
provided in the science plan.
Sec. 101(e). Facilities
Section 101(e) directs the Administrator to develop a
facilities plan through fiscal year 2015. While the facilities
plan does not have to be transmitted to the Committees until
the date on which the President submits the fiscal year 2008
budget to the Congress, the conferees urge NASA to provide
notification to the authorizing committees prior to mothballing
or closing any significant facilities before the transmittal of
the facilities plan.
The budget assumptions used to develop the facilities plan
and descriptions of the costs and the type of work that are
planned to maintain, modify or upgrade each facility, must be
described in the plan.
Sec. 101(h). Budgets
The conferees support the views expressed in the House
report that accompanied H.R. 3070 (House Report 109-173) and in
the Senate Report that accompanied S.1281 (Senate Report 109-
108) regarding the lack of detail provided by NASA in the
fiscal year 2006 budget justification and previous
inconsistency in identifying major program budget requests. As
required by subparagraph 101(h)(1)(A) NASA is to provide
proposed budgets for each of the areas (i) through (ix) ``by
program''. For the purposes of this section a program is a
major activity proposed in the budget that is contained within
each of the categories (i) through (ix). For example, programs
within the budget for Space Operations would include the Space
Shuttle and the International Space Station. However, nothing
in this section should be construed as allowing NASA to provide
less detail than was contained in the fiscal year 2006 budget
justification.
Sec. 101(j). Aeronautics test facilities and simulators
The aeronautics simulators to be reviewed under section
101(j) include at least the following:
Research Aircraft Simulation Facility at
the Dryden Flight Research Center
Cockpit Motion Facility at the Langley
Research Center
Differential Maneuvering Simulator at the
Langley Research Center
Visual Motion Simulator at the Langley
Research Center
Vertical Motion Simulator at the Ames
Research Center
Crew Vehicle Systems Research Facility at
the Ames Research Center
Future Flight Central at the Ames
Research Center
Virtual Airspace Simulation Tool at the
Ames Research Center
Arc Jet facilities at the Ames Research
Center.
Sec. 102(b). Budget information
Congress needs to understand fully the implications of
building the CEV before NASA commits to this major project.
This is a recognition of how central CEV development will be to
NASA's activities and budget in the coming years and the need
to ensure that adequate resources likely will be available for
this development.
For that reason, absolutely no later than April 1, 2006,
NASA must report the expected development cost to the
authorizing committees. This is not a transmittal of the
development contract itself or a detailed description of a yet-
to-be-signed contract. What the committees are seeking is a
realistic estimate for the total cost of the program that
includes contract costs, government costs, and reserves.
Along with the estimate of expected costs, the Conference
Report requires NASA to calculate two other cost estimates for
the CEV based on historic experience with cost growth in
relevant programs. NASA should consult the September 2004
Congressional Budget Office report, A Budgetary Analysis of
NASA's New Vision for Space Exploration, in developing the cost
estimates.
The Conference Report then requires NASA to prepare new
`sand charts' covering the period through 2020 that show the
expected figures for NASA's primary program areas using each of
the CEV cost estimates required by this subsection. All three
sand charts should assume inflationary growth for NASA's total
funding throughout the period.
Sec. 102(e). Office of Science and Technology Policy
The study required by section 102(e) is designed to provide
Congress with additional information in reviewing NASA's
programs. Therefore, in carrying out the study, the Office of
Science and Technology Policy should give deference to
Congressional directives, and should assume that any program
mandated by Congress is intended to be carried out as
authorized. Also, the study should not be used to make any
changes in program directions, funding or locations without
further consultation with the Congress.
Sec. 103. Baselines and cost controls
The conferees support the views expressed in the House
report that accompanied H.R. 3070 (House Report 109-173) on
Baselines and Cost Controls. The conferees have amended the
House language to consolidate the reports into a single
document to be provided at the time of the President's annual
budget submission and have raised the threshold for the
definition of a major program to $250 million. The conferees do
not want NASA to lump separate development programs together
into a single program for reporting purposes under this
provision. For example, NASA may not aggregate the various
programs and projects for the mission to return humans to the
Moon as a single program. The conferees expect that the CEV,
CLV, and other elements of the initiative will be reported as
separate activities with their own baselines and annual
updates. The conferees also expect the same treatment be
provided in reporting major program activities within the
Science, Aeronautics, and Education budget account.
For programs in the development phase at the time this
Conference Report is enacted, reports shall reflect the current
baseline for cost, schedule and technical content, not the
baseline that may have existed at the time the program was
approved to proceed to the development phase.
Sec. 104. Prize authority
The Conference Report is silent on how intellectual
property should be handled as part of the prize program in
section 104. NASA should announce the intellectual property
policy for each prize in the notice required by subsection (d).
The policy should be designed to ensure that the government
gets the greatest benefit possible from the prize program,
meaning that it should enable the prize program to attract as
many contestants as possible and that it should enable the
government to make use of any winning ideas. In developing the
policy, NASA should review the advantages and disadvantages of
all options including having all intellectual property reside
with the contestants and the option of requiring the prize
winner to give NASA a royalty-free license as a condition of
receiving prize money. If NASA informs Congress of the intent
to award a very large prize under subsection (i)(4), the
written notice should include a description of how NASA will
handle intellectual property in the contest.
Sec. 105. Foreign launch vehicles
This section should not be construed to prevent a
consolidated approval of the planned ISS logistical and
utilization flights; that is, the section does not require that
each planned launch to the ISS trigger a separate interagency
review. Additionally, this section is intended to support
Presidential policy and timely notification, not inhibit the
use of foreign launch vehicles where the Agency feels it helps
to meet program goals.
Sec. 110. Whistleblower protection
Given that concerns have been expressed about the reporting
systems available within NASA and the potential for retaliation
against whistleblowers, the conferees want to ensure that NASA
develops and implements a plan, consistent with existing law,
that provides for the protection of the rights of its employees
and prevents retaliation against its employees who raise
concerns (1) about substantial and specific dangers to public
health or safety or (2) about substantial and specific factors
that could threaten the success of a mission. The conferees
intend for the phrase ``public health or safety'' to include
matters that would affect the health or safety of NASA
employees, but not the larger public.
Sec. 201. Budget structure
Section 201 establishes a budgetary structure for NASA for
fiscal year 2007 and thereafter that consists of the following
three appropriation accounts: ``Science, Aeronautics, and
Education'', ``Exploration Systems and Space Operations'', and
``Inspector General''.
The Science, Aeronautics, and Education appropriation
account shall include all of the programs in the current
Science (including both space science and earth science),
Aeronautics, and Education lines proposed in the fiscal year
2006 request, except that the Robotic Lunar Exploration Program
shall be transferred to the Exploration Systems and Space
Operations appropriation account, as NASA has proposed.
The Exploration Systems and Space Operations appropriation
account shall include all programs currently in the Exploration
Systems and the Space Operations budgets in the fiscal year
2006 budget request. In addition, the ISS Crew and Cargo
Services and the Robotic Lunar Exploration Program shall be
included in the Exploration Systems budget, as NASA has
proposed. The Space Operations budget shall include the
International Space Station and Space Shuttle programs and the
Space and Flight Support line.
The conferees encourage synergy between the Exploration and
Space Operations programs to take advantage of common resources
and capabilities, when appropriate. Taking advantage of such
synergies between the programs should not require the
reprogramming of funds because such synergies would merely
require charging work related to exploration to the exploration
budget and charging work related to space operations to the
space operations budget.
The conferees have included additional funding above the
request for the Space Shuttle program in the Space Operations
budget to address funding shortfalls in previous projections
for Space Shuttle funding.
While the conferees did not include authorization levels
for fiscal year 2009, the conferees believe that NASA should
continue to receive in fiscal year 2009 funding sufficient to
allow it to pursue robust science, aeronautics and human space
flight programs, including sufficient funding to enable the
Space Shuttle to operate safely, to complete the assembly of
the International Space Station, and to ensure a smooth
transition to the CEV and CLV programs. The conferees note that
the fiscal year 2006 Budget Request outyear projections did not
adequately address Space Shuttle requirements.
The conferees understand that NASA may not be able to adapt
its internal accounting systems to the new appropriation
account structure before submitting its fiscal year 2007 budget
request.NASA should adapt its systems to the new appropriation
accounts as swiftly as possible. NASA must have completed the
transition by the start of fiscal year 2007. The conferees expect that
the Authorizing Committees will work with the Appropriations Committees
to ensure that NASA has clear and uniform guidance from the Congress on
which to base its transition.
The conferees have granted limited transfer authority to
NASA so that it will have the wherewithal to address the
immediate costs to the agency of major disasters, acts of
terrorism, or emergency rescues of astronauts. It is intended
that such transfer authority be used sparingly, and that the
affected accounts be restored to the maximum extent practicable
by subsequent supplementary funding. The conferees wish to
emphasize that the provision of such transfer authority should
not be construed as obviating the need to have supplementary
funding provided to the agency once the immediate crisis has
passed.
The conferees expect that if any funds authorized by this
Act are subject to a reprogramming action (within an account)
that requires notice to be provided to the Appropriations
Committees of the House of Representatives and the Senate,
notice of such action shall concurrently be provided to the
Committee on Science of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate.
In addition, the conferees wish to discourage reprogramming
actions that would further reduce the funding available to
those programs for which the amount appropriated is less than
the amount authorized in this Act. At a minimum, the conferees
expect that notice will be provided to the Committee on Science
of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate that contains a full
and complete statement of the proposed action, its rationale,
and the expected impact of such an action.
In view of the importance of fundamental research both to
the education of the next generation of scientists and
engineers as well as to the advancement of knowledge, the
conferees urge the Administrator, when reprogramming funds to
cover cost growth within a program, to protect funds intended
for fundamental and applied research and analysis activities to
the maximum extent practicable.
Sec. 304. Assessment of science mission extensions
The assessments performed under this section may be
provided as a single report. The conferees encourage NASA to
include all missions within the Sun-Earth Connections division
that have exceeded their planned mission lifetime as part of
the assessment required in section 304(a)(1), not just the
minimum mandatory set of missions identified in that paragraph.
Sec. 305. Microgravity research
The conferees believe the United States needs to sustain a
viable life and microgravity sciences research capability.
Sec. 316. Education
The conferees agree that NASA's education and public
outreach programs can contribute to the availability of trained
scientists, technologists, engineers, and educators to support
U.S. technical geospatial workforce needs in the 21st century.
Title IV. Aeronautics
Title IV outlines NASA's aeronautics research program. In
recent years, this program has been recast several times. The
authorization provided, in concert with the national
aeronautics policy developed under section 101(c), should help
NASA engage in an aeronautics program that is not radically
reformed each fiscal year.
The conferees recognize that over the past several years
technological and operational breakthroughs in Unmanned Aerial
Vehicles (UAVs) have greatly advanced the capabilities and
utility of this class of aircraft. The conferees further note
that integrating long endurance UAVs into regulated U.S.
airspace safely, seamlessly and securely, will be beneficial to
our future in aviation, security, and commerce. The conferees
urge NASA to share its data and policy recommendations from
NASA's UAVs in the National Airspace System project to other
relevant, federal agencies that ask for them. The conferees
assume NASA will continue to fund this project in fiscal year
2006 and direct NASA to provide a report to the Committee on
Science of the House of Representatives, and the Committee on
Commerce, Science and Transportation of the Senate, not later
than February 15, 2006, on the results and policy
recommendations to date of the UAVs in the National Airspace
System project.
The conferees consider NASA's aeronautics research and
development capabilities to be an important national asset
that, when appropriate, can be employed effectively to address
challenges facing the nation in ensuring the security of the
homeland. However, nothing in section 424 should be construed
as requiring NASA to duplicate efforts underway at other
agencies of the government. Rather, the conferees assume that
any NASA activities in this area will be properly aligned with
national requirements.
Sec. 503. Requirements
The conferees are concerned about the individuals and
organizations who in good faith entered into contracts with
NASA for Exploration Systems Research and Technology (ESR&T)
and Human Systems Research and Technology (HSR&T) projects that
NASA is now terminating in order to redirect funding to
activities that it believes are of higher priority in its
implementation of the new Exploration Systems Architecture. The
conferees believe that NASA should work with the affected
contractors to determine the extent to which the scope of the
existing work plans might be altered to better comport with the
goals of the new Exploration Systems Architecture, with
emphasis on applications of enabling technologies to enhance
exploration mission success. The conferees would urge NASA to
notify affected contractors of the new Exploration Systems
Architecture, and as part of the planned contract termination
activities, provide them with a timetable and appropriate NASA
technical assistance to determine whether an appropriate
modification of their contract scope would enable them to
conform to the new priorities resulting from the Exploration
Systems Architecture.
Sec. 616. Museums
The conferees recognize the important role that informal
science education can play in capturing the imagination of the
young and inspiring future scientists, mathematicians and
engineers. The conferees encourage NASA to continue to look for
opportunities to help science museums improve their offerings,
particularly their programs to educate students and to attract
more students from under-represented groups into scientific
fields. As with other education programs, NASA should ensure
that it is evaluating the impact of any grants it provides to
help museums reach more students through new exhibits or
programs.
Sec. 618. Continuation of certain educational programs
The National Space Grant College and Fellowship Program
is a highly successful national network of colleges and
universities that is supporting and enhancing science,
technology, and mathematics education, research, and public
outreach programs. The network includes over 850 affiliates in
academia, business, museums and science centers, as well as
state and local agencies. The Space Grant program provides
scholarship and fellowship opportunities to students in every
state, Puerto Rico, and the District of Columbia. Space Grant
is an established and demonstrably effective national mechanism
for attracting and retaining students in science, technology,
and mathematics. The conferees strongly support its
continuation at robust levels within NASA's education program.
The Experimental Program to Stimulate Competitive
Research (EPSCoR) provides States of modest research
infrastructure with funding to develop a more competitive
research base within their State and member academic
institutions. A total of seven Federal agencies conduct EPSCoR
programs which build infrastructure and broaden the
participation of states in the Federal research enterprise. The
conferees strongly support its continuation at robust levels
within NASA's education program.
Sec. 703. NASA scholarships
Current law has two slightly different versions of law
providing NASA with the authority to provide scholarships.
Section 703 corrects this disparity.
ADDITIONAL CONCERNS
The conferees are aware of the issues surrounding NASA's
use of its Mission Management aircraft. Therefore, the
conferees request that NASA transmit a report to the
authorizing committees by April 1, 2006, describing current
policies concerning the use of NASA aircraft, the source of
those policies, the extent of any adverse impact to the Agency
and its ability to fulfill its mandates as prescribed in the
Space Act, as amended, and any recommended changes to those
policies that would assist NASA in carrying out its operations
in fulfillment of those mandates.
From the Committee on Science, for
consideration of the Senate bill and the House
amendment, and modifications committed to
conference:
Sherwood Boehlert,
Ken Calvert,
Ralph M. Hall,
Lamar Smith,
Bart Gordon,
Mark Udall,
Michael M. Honda,
Ms. Jackson-Lee of Texas is appointed in lieu
of Mr. Honda for consideration of secs. 111 and
615 of the House amendment, and modifications
committed to conference.
Sheila Jackson-Lee,
For consideration of the Senate bill and House
amendment, and modifications committed to
conference:
Tom DeLay,
Managers on the Part of the House.
Ted Stevens,
Trent Lott,
Kay Bailey Hutchison,
Daniel K. Inouye,
Bill Nelson,
Managers on the Part of the Senate.