Text: S.1281 — 109th Congress (2005-2006)All Information (Except Text)

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Public Law No: 109-155 (12/30/2005)

 
[109th Congress Public Law 155]
[From the U.S. Government Printing Office]


[DOCID: f:publ155.109]

[[Page 119 STAT. 2895]]

Public Law 109-155
109th Congress

                                 An Act


 
    To authorize the programs of the National Aeronautics and Space 
          Administration. <<NOTE: Dec. 30, 2005 -  [S. 1281]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: National 
Aeronautics and Space Administration Authorization Act of 2005.>> 

SECTION 1. <<NOTE: 42 USC 16601 note.>> 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.

[[Page 119 STAT. 2896]]

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.

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Sec. 710. Study on enhanced use leasing.

                 Subtitle B--National Science Foundation

Sec. 721. Data on specific fields of study.
Sec. 722. National Science Foundation major research equipment and 
           facilities.

                  TITLE VIII--TASK FORCE AND COMMISSION

  Subtitle A--International Space Station Independent Safety Task Force

Sec. 801. Establishment of task force.
Sec. 802. Tasks of the task force.
Sec. 803. Composition of the task force.
Sec. 804. Reporting requirements.
Sec. 805. Sunset.

   Subtitle B--Human Space Flight Independent Investigation Commission

Sec. 821. Definitions.
Sec. 822. Establishment of Commission.
Sec. 823. Tasks of the Commission.
Sec. 824. Composition of Commission.
Sec. 825. Powers of Commission.
Sec. 826. Public meetings, information, and hearings.
Sec. 827. Staff of Commission.
Sec. 828. Compensation and travel expenses.
Sec. 829. Security clearances for Commission members and staff.
Sec. 830. Reporting requirements and termination.

SEC. 2. <<NOTE: 42 USC 16601.>> 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. <<NOTE: 42 USC 16611.>> 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.

[[Page 119 STAT. 2898]]

            (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) <<NOTE: Contracts.>> 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) <<NOTE: President.>> 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;

[[Page 119 STAT. 2899]]

                    (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) <<NOTE: Deadline. President.>> 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

[[Page 119 STAT. 2900]]

        on Science of the House of Representatives, and the Committee on 
        Commerce, Science, and Transportation of the Senate.
            (B) <<NOTE: Deadline.>> 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) <<NOTE: Reports.>> 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.

[[Page 119 STAT. 2901]]

                    (D) Whether any NASA Earth observing missions that 
                have been delayed or cancelled can be restored.
                    (E) How to ensure the long-term vitality of Earth 
                observation programs at NASA, including their satellite, 
                science, and data system components.
                    (F) Whether current and currently planned Earth 
                observation missions should be supplemented or replaced 
                with new satellite architectures and instruments that 
                enable global coverage, and all-weather, day and night 
                imaging of the Earth's surface features.
                    (G) How to integrate NASA earth science missions 
                with the Global Earth Observing System of Systems.
            (4) Consultation.--In developing the plan under this 
        subsection, the Administrator shall draw on decadal surveys and 
        other reports in planetary science, astronomy, solar and space 
        physics, earth science, and any other relevant fields developed 
        by the National Academy of Sciences. The Administrator shall 
        also consult widely with academic and industry experts and with 
        other Federal agencies.
            (5) Hubble space telescope.--The plan developed under this 
        subsection shall address plans for a human mission to repair the 
        Hubble Space Telescope consistent with section 302 of this Act.
            (6) <<NOTE: Deadline.>> 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);

[[Page 119 STAT. 2902]]

                    (H) the budget assumptions of the plan, which for 
                fiscal years 2007 and 2008 shall be consistent with 
                theauthorizations provided in title II of this Act, 
                including the funding levels for maintenance and 
                repairs; and
                    (I) how facilities were evaluated in developing the 
                plan.
            (3) <<NOTE: Deadline.>> 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) <<NOTE: Deadlines.>> 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

[[Page 119 STAT. 2903]]

        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) <<NOTE: Deadline.>> 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--

[[Page 119 STAT. 2904]]

                    (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) <<NOTE: Deadline. Certification.>> 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 <<NOTE: Termination date.>> (B) shall cease to be 
        effective five years after the date the study required by this 
        section has been transmitted to the Congress.

[[Page 119 STAT. 2905]]

SEC. 102. <<NOTE: 42 USC 16612.>> REPORTS.

    (a) National Awareness Campaign.--
            (1) In general.--The Administrator shall implement, 
        beginning not later than May 1, 2006, a national awareness 
        campaign through various media, including print, radio, 
        television, and the Internet, to articulate missions, publicize 
        recent accomplishments, and facilitate efforts to encourage 
        young Americans to enter the fields of science, mathematics, and 
        engineering to help maintain United States leadership in those 
        fields.
            (2) Reports.--(A) Not later than April 1, 2006, the 
        Administrator shall transmit a plan to the Committee on Science 
        of the House of Representatives and the Committee on Commerce, 
        Science, and Transportation of the Senate describing the 
        activities that will be undertaken as part of the national 
        awareness campaign required by paragraph (1) and the expected 
        cost of those activities. NASA may undertake activities as part 
        of the national awareness campaign prior to the transmittal of 
        the plan required by this subparagraph, but the plan shall 
        include a description of any activities undertaken prior to the 
        transmittal and the estimated cost of those activities.
            (B) Not later than three years after the date of enactment 
        of this Act, the Administrator shall transmit to the Committee 
        on Science of the House of Representatives and the Committee on 
        Commerce, Science, and Transportation of the Senate an 
        assessment of the impact of the national awareness campaign.

    (b) Budget Information.--Not later than April 30, 2006, the 
Administrator shall transmit to the Committee on Science of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report describing--
            (1) the expected cost of the Crew Exploration Vehicle 
        through fiscal year 2020, based on the public specifications for 
        that development contract; and
            (2) the expected budgets for each fiscal year through 2020 
        for human spaceflight, aeronautics, space science, and earth 
        science--
                    (A) first assuming inflationary growth for the 
                budget of NASA as a whole and including costs for the 
                Crew Exploration Vehicle as projected under paragraph 
                (1); and
                    (B) then assuming inflationary growth for the budget 
                of NASA as a whole and including at least two cost 
                estimates for the Crew Exploration Vehicle that are 
                higher than those projected under paragraph (1), based 
                on NASA's past experience with cost increases for 
                similar programs, along with a description of the 
                reasons for selecting the cost estimates used for the 
                calculations under this subparagraph and the confidence 
                level for each of the cost estimates used in this 
                section.

    (c) Space Communications Plan.--
            (1) Plan.--The Administrator shall develop a plan, in 
        consultation with relevant Federal agencies, for updating NASA's 
        space communications architecture for both low-Earth orbital 
        operations and deep space exploration so that it is capable of 
        meeting NASA's needs over the next 20 years. The plan shall 
        include life-cycle cost estimates, milestones, estimated 
        performance capabilities, and 5-year funding profiles. The plan

[[Page 119 STAT. 2906]]

        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) <<NOTE: Deadline.>> 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);

[[Page 119 STAT. 2907]]

                    (B) lists the research and development programs of 
                Federal agencies other than NASA that were reviewedas 
                part of the study, which shall include any program 
                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. <<NOTE: 42 USC 16613.>> BASELINES AND COST CONTROLS.

    (a) Conditions for Development.--
            (1) In general.--NASA shall not enter into a contract for 
        the development of a major program unless the Administrator 
        determines that--
                    (A) the technical, cost, and schedule risks of the 
                program are clearly identified and the program has 
                developed a plan to manage those risks;
                    (B) the technologies required for the program have 
                been demonstrated in a relevant laboratory or test 
                environment; and
                    (C) the program complies with all relevant policies, 
                regulations, and directives of NASA.
            (2) Report.--The Administrator shall transmit a report 
        describing the basis for the determination required under 
        paragraph (1) to the Committee on Science of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate at least 30 days before entering 
        into a contract for development under a major program.
            (3) Nondelegation.--The Administrator may not delegate the 
        determination requirement under this subsection, except in cases 
        in which the Administrator has a conflict of interest.

    (b) Major Program Annual Reports.--
            (1) Requirement.--Annually, at the same time as the 
        President's annual budget submission to the Congress, the 
        Administrator shall transmit to the Committee on Science of the 
        House of Representatives and the Committee on Commerce, Science, 
        and Transportation of the Senate a report that includes the 
        information required by this section for each major program for 
        which NASA proposes to expend funds in the subsequent fiscal 
        year. Reports under this paragraph shall be known as Major 
        Program Annual Reports.
            (2) Baseline report.--The first Major Program Annual Report 
        for each major program shall include a Baseline Report that 
        shall, at a minimum, include--
                    (A) the purposes of the program and key technical 
                characteristics necessary to fulfill those purposes;
                    (B) an estimate of the life-cycle cost for the 
                program, with a detailed breakout of the development 
                cost, program

[[Page 119 STAT. 2908]]

                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) <<NOTE: Deadlines.>> 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) <<NOTE: Deadlines. Notification.>> 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) <<NOTE: Reports.>> transmit to the Committee on Science 
        of the House of Representatives and the Committee on Commerce, 
        Science, and Transportation of the Senate, not later than 15 
        days after making the determination, a report that includes--
                    (A) a description of the increase in cost or delay 
                in schedule and a detailed explanation for the increase 
                or delay;
                    (B) a description of actions taken or proposed to be 
                taken in response to the cost increase or delay; and

[[Page 119 STAT. 2909]]

                    (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) <<NOTE: Effective date.>> 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. <<NOTE: Reports. Deadline.>> 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

[[Page 119 STAT. 2910]]

            (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


    `` <<NOTE: 42 USC 2459f-1.>> 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) <<NOTE: Notice. Federal Register, publication.>> 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

[[Page 119 STAT. 2911]]

        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) <<NOTE: Notification.>> 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.

[[Page 119 STAT. 2912]]

    ``(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. <<NOTE: 42 USC 16614.>> 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) <<NOTE: Deadline.>> Interagency Coordination.--NASA shall not 
launch a payload on a foreign launch vehicle unless NASA commenced the 
interagency coordination required by the Space Transportation Policy 
announced by the President on December 21, 2004, at least 90 days before 
entering into a development contract for the payload.

    (c) Application.--This section shall not apply to any payload for 
which development has begun prior to the date of enactment of this Act, 
including the James Webb Space Telescope.

SEC. 106. SAFETY MANAGEMENT.

    Section 6 of the National Aeronautics and Space Administration 
Authorization Act, 1968 (42 U.S.C. 2477) is amended--
            (1) by inserting ``(a) In General.--'' before ``There'';
            (2) by striking ``to it'' and inserting ``to it, including 
        evaluating NASA's compliance with the return-to-flight and 
        continue-to-fly recommendations of the Columbia Accident 
        Investigation Board,'';
            (3) by inserting ``and the Congress'' after ``advise the 
        Administrator'';
            (4) by striking ``and with respect to the adequacy of 
        proposed or existing safety standards and shall'' and inserting 
        ``with respect to the adequacy of proposed or existing safety 
        standards, and with respect to management and culture related to 
        safety. The Panel shall also''; and
            (5) by adding at the end the following:

    ``(b) Annual Report.--The Panel shall submit an annual report to the 
Administrator and to the Congress. In the first annual report submitted 
after the date of enactment of the National Aeronautics and Space 
Administration Authorization Act of 2005, the Panel shall include an 
evaluation of NASA's management and culture related to safety. Each 
annual report shall include an evaluation of the Administration's 
compliance with the recommendations of the Columbia Accident 
Investigation Board through retirement of the Space Shuttle.''.

SEC. 107. <<NOTE: 42 USC 16615.>> LESSONS LEARNED AND BEST PRACTICES.

    (a) <<NOTE: Deadline.>> 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

[[Page 119 STAT. 2913]]

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. <<NOTE: 42 USC 16616.>> 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. <<NOTE: 42 USC 16617.>> 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. <<NOTE: Deadline.>> 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--

[[Page 119 STAT. 2914]]

            (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. <<NOTE: 42 USC 16618.>> WHISTLEBLOWER PROTECTION.

    (a) <<NOTE: Deadlines.>> 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

[[Page 119 STAT. 2915]]

            (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. <<NOTE: 42 USC 16631.>> 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. <<NOTE: 42 USC 16632.>> 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),

[[Page 119 STAT. 2916]]

        $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. <<NOTE: 42 USC 16633.>> 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. <<NOTE: 42 USC 16634.>> TEST FACILITIES.

    (a) Charges.--The Administrator shall establish a policy of charging 
users of NASA's test facilities for the costs associated with their 
tests at a level that is competitive with alternative test 
facilities. <<NOTE: Deadline. Notice.>> 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. <<NOTE: 42 USC 16635.>> 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. <<NOTE: 42 USC 16636.>> 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. <<NOTE: 42 USC 16651.>> 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

[[Page 119 STAT. 2917]]

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. <<NOTE: 42 USC 16652.>> 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. <<NOTE: Deadline. Reports.>> 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. <<NOTE: 42 USC 16653.>> 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

[[Page 119 STAT. 2918]]

        the first National Polar-Orbiting Operational Environmental 
        Satellite System spacecraft.
            (2) <<NOTE: Deadlines.>> 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. <<NOTE: 42 USC 16654.>> 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) <<NOTE: Deadline.>> 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. <<NOTE: 42 USC 16655.>> MICROGRAVITY RESEARCH.

     The Administrator shall--
            (1) <<NOTE: Reports.>> 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.

[[Page 119 STAT. 2919]]

SEC. 306. <<NOTE: 42 USC 16656.>> COORDINATION WITH THE NATIONAL OCEANIC 
            AND ATMOSPHERIC ADMINISTRATION.

    (a) <<NOTE: Establishment.>> 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. <<NOTE: 42 USC 16657.>> 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

[[Page 119 STAT. 2920]]

                submission of proposals under the same solicitation 
                announcement; and
                    (C) compensation of non-NASA proposal reviewers;
            (3) the process for assigning or allocating applied research 
        to NASA researchers and to non-NASA researchers; and
            (4) alternative models for NASA planning and management of 
        applied science and applications research, including an 
        evaluation of the relevance for NASA of--
                    (A) National Institutes of Health intramural and 
                extramural research program structure, peer review 
                process, management of conflicts of interests, 
                compensation of reviewers, and the effects of 
                compensation on reviewer efficiency and quality;
                    (B) Department of Agriculture Cooperative State 
                Research Education and Extension Service program and 
                structure, peer review process, management of conflicts 
                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. <<NOTE: 42 USC 16671.>> 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. <<NOTE: 42 USC 16672.>> 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

[[Page 119 STAT. 2921]]

        data, technologies, and other sources of geospatial information 
        for improved decision support to address their needs.

SEC. 313. <<NOTE: 42 USC 16673.>> PILOT PROJECTS TO ENCOURAGE PUBLIC 
            SECTOR APPLICATIONS.

    (a) <<NOTE: Grants.>> 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) <<NOTE: Deadline.>> 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. <<NOTE: 42 USC 16674.>> PROGRAM EVALUATION.

    (a) <<NOTE: Establishment.>> 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

[[Page 119 STAT. 2922]]

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) <<NOTE: Deadline.>> 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. <<NOTE: 42 USC 16675.>> 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. <<NOTE: 42 USC 16676.>> 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. <<NOTE: George E. Brown, Jr. Near-Earth Object Survey Act. 42 
            USC 16691.>> 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. <<NOTE: Deadline.>> It shall be the goal 
        of the

[[Page 119 STAT. 2923]]

        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. <<NOTE: 42 USC 16701.>> DEFINITION.

    For purposes of this title, the term ``institution of higher 
education'' has the meaning given that term by section 101 of the Higher 
Education Act of 1965 (20 U.S.C. 1001).

     Subtitle A--Governmental Interest in Aeronautics Research and 
                               Development

SEC. 411. <<NOTE: 42 USC 16711.>> GOVERNMENTAL INTEREST.

    Congress reaffirms the national commitment to aeronautics research 
made in the National Aeronautics and Space Act of 1958.

[[Page 119 STAT. 2924]]

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. <<NOTE: 42 USC 16721.>> 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) <<NOTE: Grants.>> 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. <<NOTE: 42 USC 16722.>> 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.

[[Page 119 STAT. 2925]]

    (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. <<NOTE: 42 USC 16723.>> 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) <<NOTE: Deadline.>> Alignment.--Not later than 1 year after the 
date of enactment of this Act, the Administrator shall align the 
projects of

[[Page 119 STAT. 2926]]

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. <<NOTE: 42 USC 16724.>> 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) <<NOTE: Deadline.>> 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. <<NOTE: 42 USC 16725.>> 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. <<NOTE: 42 USC 16726.>> 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. <<NOTE: 42 USC 16727.>> 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,

[[Page 119 STAT. 2927]]

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. <<NOTE: 42 USC 16741.>> 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) <<NOTE: Deadline. Publication. Regulations.>> 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. <<NOTE: 42 USC 16751.>> AVIATION DATA REQUESTS.

    The Administrator shall make available upon request satellite 
imagery and aerial photography of remote terrain that NASA owns at the 
time of the request to the Administrator of the Federal Aviation 
Administration, or the Director of the Five Star Medallion Program, to 
assist and train pilots in navigating challenging topographical features 
of such terrain.

                       TITLE V--HUMAN SPACE FLIGHT

SEC. 501. <<NOTE: 42 USC 16761.>> 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

[[Page 119 STAT. 2928]]

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. <<NOTE: 42 USC 16762.>> 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) <<NOTE: Deadline.>> 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.

[[Page 119 STAT. 2929]]

The Administrator <<NOTE: Deadline.>> 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. <<NOTE: 42 USC 16763.>> 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. <<NOTE: 42 USC 16764.>> 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. <<NOTE: 42 USC 16765.>> ISS COMPLETION.

    (a) Policy.--It is the policy of the United States to achieve 
diverse and growing utilization of, and benefits from, the ISS.
    (b) Elements, Capabilities, and Configuration Criteria.--The 
Administrator shall ensure that the ISS will--
            (1) be assembled and operated in a manner that fulfills 
        international partner agreements, as long as the Administrator 
        determines that the Shuttle can safely enable the United States 
        to do so;
            (2) be used for a diverse range of microgravity research, 
        including fundamental, applied, and commercial research, 
        consistent with section 305;
            (3) have an ability to support a crew size of at least 6 
        persons, unless the Administrator transmits to the Committee on 
        Science of the House of Representatives and the Committee on 
        Commerce, Science, and Transportation of the Senate not later 
        than 60 days after the date of enactment of this Act, a report 
        explaining why such a requirement should not be

[[Page 119 STAT. 2930]]

        met, the impact of not meeting the requirement on the ISS 
        research agenda and operations and international partner 
        agreements, and what additional funding or other steps would be 
        required to have an ability to support crew size of at least 6 
        persons;
            (4) support Crew Exploration Vehicle docking and automated 
        docking of cargo vehicles or modules launched by either heavy-
        lift or commercially-developed launch vehicles;
            (5) support any diagnostic human research, on-orbit 
        characterization of molecular crystal growth, cellular research, 
        and other research that NASA believes is necessary to conduct, 
        but for which NASA lacks the capacity to return the materials 
        that need to be analyzed to Earth; and
            (6) be operated at an appropriate risk level.

    (c) Contingencies.--
            (1) Policy.--The Administrator shall ensure that the ISS can 
        have available, if needed, sufficient logistics and on-orbit 
        capabilities to support any potential period during which the 
        Space Shuttle or its follow-on crew and cargo systems are 
        unavailable, and can have available, if needed, sufficient surge 
        delivery capability or prepositioning of spares and other 
        supplies needed to accommodate any such hiatus.
            (2) <<NOTE: Deadline.>> 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. <<NOTE: 42 USC 16766.>> 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) <<NOTE: Deadline.>> 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. <<NOTE: 42 USC 16767.>> 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

[[Page 119 STAT. 2931]]

        national laboratory, subject to all applicable Federal laws and 
        regulations.

    (c) <<NOTE: Deadline.>> Plan.--Not later than 1 year after the date 
of enactment of this Act, the Administrator shall transmit to the 
Committee on Science of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate a plan describing 
how the national laboratory will be operated. At a minimum, the plan 
shall describe--
            (1) any changes in the research plan transmitted under 
        section 506(3) and any other changes in the operation of the ISS 
        resulting from the designation;
            (2) any ground-based NASA operations or buildings that will 
        be considered part of the national laboratory;
            (3) the management structure for the laboratory, including 
        the rationale for contracting or not contracting with a 
        nongovernmental entity to operate the ISS national laboratory;
            (4) the workforce that will be considered employees of the 
        national laboratory;
            (5) how NASA will seek the participation of other parties 
        described in subsection (b)(1); and
            (6) a schedule for implementing any changes in ISS 
        operations, utilization, or management described in the plan.

    (d) United States Segment Defined.--In this section the term 
``United States segment of the ISS'' means those elements of the ISS 
manufactured--
            (1) by the United States; or
            (2) for the United States by other nations in exchange for 
        funds or launch services.

                      TITLE VI--OTHER PROGRAM AREAS

                  Subtitle A--Space and Flight Support

SEC. 601. <<NOTE: 42 USC 16781.>> 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. <<NOTE: 42 USC 16782.>> 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

[[Page 119 STAT. 2932]]

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. <<NOTE: 42 USC 16791.>> 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. <<NOTE: Charles ``Pete'' Conrad Astronomy Awards Act. 42 USC 
            16792.>> 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

[[Page 119 STAT. 2933]]

        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. <<NOTE: 42 USC 16793.>> 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

[[Page 119 STAT. 2934]]

        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. <<NOTE: 42 USC 16794.>> 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. <<NOTE: 42 USC 16795.>> 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. <<NOTE: Deadline. Reports. 42 USC 16796.>> 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. <<NOTE: 42 USC 16797.>> 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

[[Page 119 STAT. 2935]]

section 614, the NASA Explorer School program, to motivate and develop 
the next generation of explorers.

SEC. 619. <<NOTE: 42 USC 16798.>> IMPLEMENTATION OF PREVIOUS 
            RECOMMENDATIONS.

    (a) GAO Report.--Not more than 180 days after the date of enactment 
of this Act, the Administrator shall transmit to the Committee on 
Science of the House of Representatives and the Committee of Commerce, 
Science, and Transportation of the Senate a report describing action 
taken by NASA to implement the recommendations contained in the 
Government Accountability Office's Report No. 04-639.
    (b) Compliance.--To comply with title IX of the Education Amendments 
of 1972 (20 U.S.C. 1681 et seq.), the Administrator shall conduct 
compliance reviews of at least 2 grantees annually.

                     Subtitle C--Technology Transfer

SEC. 621. <<NOTE: 42 USC 16811.>> 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) <<NOTE: Deadline. Notice.>> 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. <<NOTE: 42 USC 2459k.>> (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

[[Page 119 STAT. 2936]]

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. <<NOTE: 42 USC 2459l.>> 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.

[[Page 119 STAT. 2937]]

            ``(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 <<NOTE: 114 Stat. 1599.>> amended by 
striking subsection (a).

SEC. 707. <<NOTE: 42 USC 16821.>> 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

[[Page 119 STAT. 2938]]

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. <<NOTE: 42 USC 16822.>> 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. <<NOTE: Deadline. Reports. 42 USC 16823.>> 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. <<NOTE: Deadline. 42 USC 16824.>> 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. <<NOTE: 42 USC 16831.>> 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 <<NOTE: Notice. Deadline.>> 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 119 STAT. 2939]]

SEC. 722. <<NOTE: 42 USC 16832.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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).

[[Page 119 STAT. 2940]]

                  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) <<NOTE: Reports. Public information.>> 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.

    (b) 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.

[[Page 119 STAT. 2941]]

    (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. <<NOTE: Reports. Public information. Deadline.>> 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) <<NOTE: President.>> 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.

[[Page 119 STAT. 2942]]

            (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) <<NOTE: Reports. Public information.>> 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) <<NOTE: President.>> 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

[[Page 119 STAT. 2943]]

            (2) require, by subpoena or otherwise, the attendance and 
        testimony of such witnesses and the production of such books, 
        records, correspondence, memoranda, papers, and documents,

as the Commission or such designated subcommittee or designated member 
may determine advisable.
    (b) Contracting.--A Commission may, to such extent and in such 
amounts as are provided in appropriation Acts, enter into contracts to 
enable the Commission to discharge its duties under this subtitle.
    (c) Information From Federal Agencies.--
            (1) In general.--A Commission may secure directly from any 
        executive department, bureau, agency, board, commission, office, 
        independent establishment, or instrumentality of the Government, 
        information, suggestions, estimates, and statistics for the 
        purposes of this subtitle. Each department, bureau, agency, 
        board, commission, office, independent establishment, or 
        instrumentality shall, to the extent authorized by law, furnish 
        such information, suggestions, estimates, and statistics 
        directly to the Commission, upon request made by the Chairman, 
        the chairman of any subcommittee created by a majority of the 
        Commission, or any member designated by a majority of the 
        Commission.
            (2) Receipt, handling, storage, and dissemination.--
        Information shall only be received, handled, stored, and 
        disseminated by members of the Commission and its staff 
        consistent with all applicable statutes, regulations, and 
        Executive orders.

    (d) Assistance From Federal Agencies.--
            (1) General services administration.--The Administrator of 
        General Services shall provide to a Commission on a reimbursable 
        basis administrative support and other services for the 
        performance of the Commission's tasks.
            (2) Other departments and agencies.--In addition to the 
        assistance prescribed in paragraph (1), departments and agencies 
        of the United States may provide to the Commission such 
        services, funds, facilities, staff, and other support services 
        as they may determine advisable and as may be authorized by law.
            (3) NASA engineering and safety center.--The NASA 
        Engineering and Safety Center shall provide data and technical 
        support as requested by the Commission.

SEC. 826. PUBLIC MEETINGS, INFORMATION, AND HEARINGS.

    (a) Public Meetings and Release of Public Versions of Reports.--A 
Commission shall--
            (1) hold public hearings and meetings to the extent 
        appropriate; and
            (2) <<NOTE: Reports.>> 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

[[Page 119 STAT. 2944]]

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) <<NOTE: Public information.>> 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).

[[Page 119 STAT. 2945]]

            (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.

    Approved December 30, 2005.

LEGISLATIVE HISTORY--S. 1281 (H.R. 3070):
---------------------------------------------------------------------------

HOUSE REPORTS: Nos. 109-173 accompanying H.R. 3070 (Comm. on Science) 
and 109-354 (Comm. of Conference).
SENATE REPORTS: No. 109-108 (Comm. on Commerce, Science, and 
Transportation).
CONGRESSIONAL RECORD, Vol. 151 (2005):
            Sept. 28, considered and passed Senate.
            Nov. 18, considered and passed House, amended, in lieu of 
                H.R. 3070.
            Dec. 17, House agreed to conference report.
            Dec. 21, Senate agreed to conference report.

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