[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.
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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.
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(2) Consultation and coordination.--In carrying out the
programs of NASA, the Administrator shall--
(A) consult and coordinate to the extent appropriate
with other relevant Federal agencies, including through
the National Science and Technology Council;
(B) work closely with the private sector, including
by--
(i) encouraging the work of entrepreneurs who
are seeking to develop new means to launch
satellites, crew, or cargo;
(ii) <<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;
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(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
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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.
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(D) Whether any NASA Earth observing missions that
have been delayed or cancelled can be restored.
(E) How to ensure the long-term vitality of Earth
observation programs at NASA, including their satellite,
science, and data system components.
(F) Whether current and currently planned Earth
observation missions should be supplemented or replaced
with new satellite architectures and instruments that
enable global coverage, and all-weather, day and night
imaging of the Earth's surface features.
(G) How to integrate NASA earth science missions
with the Global Earth Observing System of Systems.
(4) Consultation.--In developing the plan under this
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);
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(H) the budget assumptions of the plan, which for
fiscal years 2007 and 2008 shall be consistent with
theauthorizations provided in title II of this Act,
including the funding levels for maintenance and
repairs; and
(I) how facilities were evaluated in developing the
plan.
(3) <<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
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Federally Funded Research and Development Center or through any
other mechanism.
(2) Content.--The study conducted under paragraph (1) shall,
at a minimum--
(A) make a recommendation for the operation of each
center and provide reasons for that recommendation; and
(B) describe the advantages and disadvantages of
each mode of operation considered in the study.
(3) Considerations.--In conducting the study, the
Administrator shall take into consideration the experiences of
other relevant Federal agencies in operating laboratories and
centers, and any reports that have reviewed the mode of
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--
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(A) the total amount of funds being allocated for
those purposes for any fiscal year for which the
President has submitted an annual budget request to
Congress;
(B) the amount of funds being allocated for those
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.
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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
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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):
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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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