[Pages H12015-H12031]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

CONFERENCE REPORT ON S. 1281, NATIONAL AERONAUTICS AND SPACE
ADMINISTRATION AUTHORIZATION ACT OF 2005

Mr. BOEHLERT submitted the following conference report and statement
on the Senate 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:

Conference Report (H. Rept. 109-354)
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.

[[Page H12016]]

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
current studies of the National Academy of Sciences, and
other relevant reports and studies.
(d) Science.--
(1) In general.--The Administrator shall develop a plan to
guide the science programs of NASA through 2016.
(2) Content.--At a minimum, the plan developed under
paragraph (1) shall be designed to ensure that NASA has a
rich and vigorous set of science activities, and shall
describe--
(A) the missions NASA will initiate, design, develop,
launch, or operate in space science and earth science through
fiscal year 2016, including launch dates;
(B) a priority ranking of all of the missions listed under
subparagraph (A), and the rationale for the ranking; and
(C) the budget assumptions on which the policy is based,
which for fiscal years 2007 and 2008 shall be 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.

[[Page H12017]]

(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,

[[Page H12018]]

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
(B) the program complies with all relevant policies,
regulations, and directives of NASA.
(2) Report.--The Administrator shall transmit a report
describing the basis for the determination 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
information that 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--

[[Page H12019]]

(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 the Administration. The
Administration may carry out a program to award prizes
only in conformity with this section.
``(b) Topics.--In selecting topics for prize competitions,
the Administrator shall consult widely both within and
outside the Federal Government, and may empanel advisory
committees.
``(c) Advertising.--The Administrator shall widely
advertise prize competitions to encourage participation.
``(d) Requirements and Registration.--For each prize
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
the President 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

[[Page H12020]]

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 with their tests at

[[Page H12021]]

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,
which shall 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

[[Page H12022]]

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 of interest,
compensation of reviewers, and the effects of compensation
on reviewer efficiency and quality;
(C) National Institutes of Health and Department of
Agriculture best practices in the planning, selection, and
management of applied sciences research and development; and
(D) any other relevant models.
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall transmit a
report to the 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

[[Page H12023]]

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

[[Page H12024]]

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-
orbit capabilities to support any potential period during
which the Space Shuttle or its follow-on crew and cargo
systems are unavailable, and can have available, if
needed, sufficient surge delivery capability or
prepositioning of spares and other 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.

[[Page H12025]]

(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 Senate the results of the review and
evaluation required under subsection (a).

SEC. 615. EQUAL ACCESS TO NASA'S EDUCATION PROGRAMS.

(a) In General.--The Administrator shall strive to ensure
equal access for minority and economically disadvantaged
students to NASA's education programs.
(b) Report.--Not later than 1 year after the date of
enactment of this Act, and every 2 years thereafter, the
Administrator shall submit a report to the Committee on
Science of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate
describing the efforts by the 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.

[[Page H12026]]

(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 for the establishment of a lifetime healthcare
program for NASA astronauts and their families or other
methods to obtain needed health data from astronauts and
retired astronauts.

SEC. 709. OFFSHORE PERFORMANCE OF CONTRACTS FOR THE
PROCUREMENT OF GOODS AND SERVICES.

The Administrator shall submit to Congress, not later than
120 days after the end of each fiscal year beginning with the
first fiscal year after the date of enactment of this Act, a
report on the contracts and subcontracts performed overseas
and the amount of purchases directly or indirectly by NASA
from foreign entities in that fiscal year. The report shall
separately indicate--
(1) the contracts and subcontracts and their dollar values
for which the Administrator determines that essential goods
or services under the contract are available only from a
source outside the United States; and
(2) the items and their dollar values for which the Buy
American Act was waived pursuant to obligations of the United
States under international agreements.

SEC. 710. STUDY ON ENHANCED USE LEASING.

Not later than one year after the date of enactment of this
Act, the Comptroller General shall transmit to the Committee
on Science of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate a
review of NASA's enhanced use leasing pilot program
established by section 315 of the National Aeronautics and
Space Administration Act of 1958 (42 U.S.C. 2459j). At a
minimum the review shall analyze--
(1) the financial impact of the program, taking into
account revenue foregone by the United States, whether such
revenue would have been realized in the absence of the
program, and any revenue that accrued to NASA because of the
program;
(2) the use and effectiveness of the program; and
(3) whether the arrangements made under the program would
have been made in the absence of the program.
Subtitle B--National Science Foundation

SEC. 721. DATA ON SPECIFIC FIELDS OF STUDY.

The National Science Foundation shall continue to collect
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.

[[Page H12027]]

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 to its destruction, compromise the
health of its crew, or necessitate its premature
abandonment.
(b) Deadline for Establishment.--The Administrator shall
establish the independent task force within 60 days after the
date of enactment of this Act.

SEC. 802. TASKS OF THE TASK FORCE.

The independent task force established under section 801
shall, to the extent possible, undertake the following tasks:
(1) Catalogue threats to and vulnerabilities of the ISS,
including design flaws, natural phenomena, computer software
or hardware flaws, sabotage or terrorist attack, number of
crewmembers, inability to adequately deliver replacement
parts and supplies, and management or procedural
deficiencies.
(2) Make recommendations for corrective actions.
(3) Provide any additional findings or recommendations
related to ISS safety.
(4) Prepare a report to the Administrator, Congress, and
the public.

SEC. 803. COMPOSITION OF THE TASK FORCE.

(a) External Organizations.--The independent task force
shall include at least one representative from each of the
following external organizations:
(1) The Aerospace Safety Advisory Panel.
(2) The Task Force on International Space Station
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.

[[Page H12028]]

(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 subsection shall disclose
any contract or association it has with NASA or any NASA
contractor.

SEC. 828. COMPENSATION AND TRAVEL EXPENSES.

(a) Compensation.--Each member of a Commission may be
compensated at not to exceed the daily equivalent of the
annual rate of basic pay in effect for a position at level IV
of the Executive Schedule under section 5315 of title 5,
United States Code, for each day during which that member is
engaged in the actual performance of the duties of the
Commission.
(b) Travel Expenses.--While away from their homes or
regular places of business in the performance of services for
the 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

[[Page H12029]]

(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:
<bullet> Research Aircraft Simulation Facility at the
Dryden Flight Research Center
<bullet> Cockpit Motion Facility at the Langley Research
Center
<bullet> Differential Maneuvering Simulator at the Langley
Research Center
<bullet> Visual Motion Simulator at the Langley Research
Center
<bullet> Vertical Motion Simulator at the Ames Research
Center
<bullet> Crew Vehicle Systems Research Facility at the
Ames Research Center
<bullet> Future Flight Central at the Ames Research Center
<bullet> Virtual Airspace Simulation Tool at the Ames
Research Center
<bullet> 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

[[Page H12030]]

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

[[Page H12031]]

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.

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