TheWeekInCongress.com
Week Ending September 30, 2005
S.1281 A bill to authorize appropriations for the National Aeronautics and Space Administration for science, aeronautics, exploration, exploration capabilities, and the Inspector General, and for other purposes, for fiscal years 2006, 2007, 2008, 2009, and 2010.
BRIEF
The most compelling provision in the bill may be the requirement of NASA to report on several programs including setting up a ‘permanently sustained presence’ on the moon, a plan to commercialize space, developing a heavy lift launch vehicle and new crew exploration vehicle, the servicing mission to the Hubble Telescope, and aeronautics research.
The bill would require the President to develop a national aeronautics policy and set forth an International Space Station plan including cost, capability, use and reporting requirements.
The accompanying report explained the bill purpose: “The purpose of the bill is to authorize programs of the National Aeronautics and Space Administration (NASA) for fiscal year (FY) 2006 through FY 2010. The bill would provide a legislative and policy framework for national space exploration leadership in a manner that maintains important national investments and research capabilities and supports vital national interests in security, economic growth, commercial development, scientific excellence, and international cooperation.”
Sponsor: Senator Kay Bailey Hutchison (R-TX)
Vote: Passed Senate by Unanimous Consent Sept 28, 2005
Cost to the taxpayers: $16.6 billion for 2006. The bill gradually increases authorized funds to nearly $19 billion by 2010.
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BACKGROUND AND NEED FOR THE BILL
Throughout its history, NASA has provided U.S. leadership in science and engineering by undertaking missions which challenged the Nation's brightest minds and stimulated the highest degree of precision and technical excellence in the commercial and industrial sectors. In the recent past, these missions included robotic eyes and ears that reach deep into the past of the Universe to rovers that roam planetary surfaces. These accomplishments include significant and scientifically valuable short-term, crewed missions to low-Earth orbit and the beginning of assembly and operations of the largest cooperative peacetime scientific endeavor ever undertaken, the International Space Station. NASA has also broken ground in research and applications relating to aeronautics, communications, transportation, Earth science, and basic research across a wide range of scientific and technical disciplines.
In the reassessment of the Nation's civil space programs following the loss of the space shuttle Columbia and her crew, it became clear that NASA not only needed important internal changes to enhance safety and program management, but a renewed sense of direction and purpose. On January 14, 2004, President George W. Bush articulated a series of long-term goals for NASA in the form of a new `Vision for Space Exploration.' That Vision directed NASA to complete the International Space Station (ISS) in a manner which fulfills U.S. commitments to its international partners in that program, develop a replacement human-rated spaceflight vehicle to enable the retirement of the space shuttle orbiters, and to begin plans and technology development for crewed missions to the Moon and, eventually, to Mars.
The bill, S. 1281, would provide the authority and policy guidance that would enable NASA to carry out the goals of the Vision for Space Exploration in a manner that maximizes the use of the Nation's previous investments in civil space programs and the resulting wealth of expertise and proven technologies. From this foundation, the bill would authorize and enable the advancement of new technological development in the pursuit of the Nation's civil space policy and ensure that international and commercial collaboration is actively pursued in both developing and providing capabilities and services to support that policy. The bill would also ensure that an appropriate balance is maintained among NASA's important missions of exploration, space operations, aeronautics research, and science.
The Committee believes that a stable and gradually increasing funding profile for NASA and its programs is important in assuring the effective implementation of civil space policy. Therefore, the bill would authorize the appropriation of funds for NASA over a five-year period, coupled with the review of annual budget submissions to ensure consistency with the provisions of the bill.
S.1281 would direct NASA to implement a balanced and broad science program that extends human knowledge and understanding of the Earth, Sun, solar system, and the universe and biennially review and report to the Congress regarding its efforts to maintain a broad and balanced array of scientific activities.
The bill would direct NASA to plan a shuttle servicing mission to the Hubble Space Telescope after the successful completion of the first two shuttle missions following the Return to Flight, in order to maintain the Hubble's unique scientific value. With respect to Earth science research and applications, the bill would direct NASA to develop a comprehensive plan for ensuring the vitality of Earth observing systems, including the identification of new approaches to providing systems and data analysis and enhancing collaboration among data users and providers.
U.S. preeminence and leadership in exploration and discovery beyond low-Earth orbit contributes to the Nation's security interests and is a stimulus to enhanced science and engineering education. S. 1281 would establish a permanent human presence on the Moon as a goal of the United States. It would identify the accomplishment of that goal as an important precursor to the eventual human exploration of Mars. To further the Moon-Mars objective, the bill would authorize and encourage international collaboration, as appropriate, and would provide a number of requirements to be incorporated into the development and implementation of plans to accomplish this mission. Among those requirements are the development of exploration technologies to support both human and robotic operations, the consideration of innovative governmental and commercial partnerships, the development of in-situ lunar resource utilization technologies, and the use of ground-based technology development and demonstrations in environments and under conditions analogous to lunar and Martian surface environments, to the extent practicable.
The Committee recognizes the imperative for a safe, affordable, and near-seamless transition from current space shuttle operations to new and diversified national transportation capabilities that can meet the requirements of supporting ISS operations, undertake renewed lunar exploration, and pursue the eventual exploration of Mars. The bill would express the intent of the Congress that there be no gap in the Nation's ability to transport humans into space and would provide authority for the development of new crew and cargo vehicles which build upon existing activities, capabilities, and assets of the shuttle program. It would also encourage and incorporate commercially-developed capabilities in establishing the next generation of space transportation systems.
NASA has begun assembly of the ISS. The Agency should complete that assembly in a manner that preserves the U.S. commitments to its international partners and enables the realization of the scientific and research potential of the ISS. In order to pursue the goal of exploring the Moon and eventually Mars, NASA should focus its research activities aboard the space station on those disciplines which most directly support long-term human exploration beyond low-Earth orbit. To ensure that the significant investment in space station development to date is preserved, NASA should use the space station's capabilities to support its exploration requirements without diminishing the broader range of scientific opportunities represented by a completed ISS. To accomplish this objective, the bill would designate the U.S. portion of the ISS as a National Laboratory facility. Pursuant to that designation, the bill would provide a process by which the scope and operations of that facility, along with ground-based supporting institutions, would be defined and structured. That process would include the identification of opportunities for increased non-NASA governmental, as well as commercial, participation in ISS research, scientific operations, and support. To ensure against the loss of important scientific expertise and capabilities intended for eventual application aboard the ISS, the bill would authorize additional funding to sustain those capabilities through the completion of ISS assembly. This will also enable consideration of those capabilities in the process of identifying the eventual composition of space station-based research operations, as would be required by the bill.
The development of commercial, non-government space exploration capabilities holds the potential to enhance the full range of the Nation's space exploration and utilization activities. To encourage opportunities for commercial participation in exploration activities, the bill would direct NASA to develop a comprehensive plan defining those opportunities and the means by which they can be made available. In addition, the bill would authorize the use of competitive prize awards modeled, in part, on the Ansari X-Prize. The prize program would be administered to complement NASA's missions and goals. Up to $100 million in prizes could be awarded in any fiscal year.
Aeronautics and aviation research needs a clear national policy for guiding the conduct and evolution of those capabilities. The bill would direct the development, through the Office of Science and Technology Policy, of a national aerospace policy that would define the United States' goals for aeronautics and aviation research and provide guidance for necessary investments in infrastructure and programs. The policy should establish a long-term business and management approach for upgrades to our Nation's air traffic management system and aeronautics capabilities.
The bill would require a number of administrative improvements that will further enable NASA to implement the goals and policies provided in the bill and perform its management functions. These improvements include an extension of NASA's authority to enter into indemnification and cross-waiver agreements with private sector parties willing to participate in high-risk space and aeronautics research and development efforts, clarification and simplification of law enforcement jurisdiction at NASA Centers, protection of astronauts' privacy in case of fatal accidents, stimulation of private sector participation in space research by authorizing NASA to provide, in advance, access to intellectual property developed in a cooperative agreement in exchange for commercial investment, a recognition of modern-day electronic commerce by authorizing a pilot test of expedited electronic business practices, and removal of several outdated reporting requirements.
Section 201. International Space Station certification.
Section 201 would require that the ISS be completed, fulfilling international partner agreements and providing for research in diverse disciplines. It would ensure that there be a contingency plan to address Station servicing needs during any potential hiatus in U.S. capability to transport humans and cargo into space, and would require that the Administrator report such plan to the Congress within 60 days of enactment of the bill and before making any change in the ISS assembly sequence that is in effect on the date of enactment. Section 201 also would direct the Administrator to provide Congress with an assessment of the impacts of the Columbia accident and full cost accounting on the development cost of the ISS, and any needed changes to the ISS cost limitations contained in the NASA Authorization Act of 2000.
The Committee views the fulfillment of U.S. commitments to and agreements with its partners in the International Space Station program as essential to the long-term interests of the United States. Failure to fulfill these commitments could undermine future efforts to secure international cooperation in exploration activities. These commitments involve more than completion of space station assembly, but also utilization, operational support, and resupply. The Committee is well aware of the nation's extensive investment in space station development and the many challenges and debates regarding the space station. The ISS has been supported by the Congress in large part due to its promise and potential as a unique international laboratory facility capable of hosting a wide range of scientific research that can only be undertaken in a microgravity environment. As the ISS approaches the completion of its assembly, that research potential must be preserved. Title II of this bill is intended to meet that objective. The Committee understands that sufficient crew time is required to monitor and conduct research activities. As a result, the Committee believes that at least 6 crew members are required to enable the most effective utilization of the planned ISS laboratory facilities. Section 201 would require that the final ISS configuration include the capability to support at least that number of crew. The Committee does not intend to establish the minimum level of crew that must be aboard ISS at any given time. Rather, it intends that the ISS must have the life-support, accommodations, logistics, and other critical capabilities to support a 6-person crew.
In addition to sufficient crew time, the effective utilization of the ISS requires the availability of supplies, equipment, replacement parts, and other necessary items and materials. Section 201 would ensure such availability by directing that the ISS be capable of docking with a wide range of crew transport and cargo handling vehicles. Further, this section would require the development of contingency options to ensure that ISS crew and operations can be adequately sustained during any hiatus between the availability of the space shuttle and the follow-on or replacement vehicles capable of transporting crew and cargo to and from the Station. This provision would also apply to any interruption in launch system availability that would affect ISS operations.
The Committee is aware that discussions among the ISS international partners may result in proposed modifications to the ISS assembly sequence. Section 201 would require that NASA notify the Congress, within sixty days of the enactment of the bill, and prior to making any change in the current assembly sequence, of the plans to comply with the requirements that would be imposed by this section.
The Committee is aware that the accumulated cost associated with ISS development is approaching the cost limitation imposed by the Congress in section 202 of the NASA Authorization Act of 2000 (Public Law 106-381) and that the Administration has requested relief from the provisions of that limitation. The Committee continues to support the need to monitor and limit total ISS development cost. However, the Committee understands that the existing statutory requirement could not have taken into account the unexpected additional expenditures in areas covered by the cost limitation caused by the Columbia accident and the resulting suspension of ISS assembly activity. In addition, the current cost limitation was developed before NASA's implementation of full cost-accounting. It is now difficult to define ISS development costs in the manner envisioned by the cost limitation. The Committee believes the calculations of total ISS development costs should take these circumstances into account in assessing compliance with the statutory requirement. Section 201 would direct NASA to prepare and submit to the Congress, within 6 months of enactment of the bill, materials that describe the cost impact of these circumstances, and to recommend any statutory changes needed in the underlying Act to address those impacts. It is the Committee's intent that no sanction be imposed under the terms of the cost limitation until this assessment is complete.
Section 202. Research on the International Space Station.
Section 202 would describe the variety of scientific research to be conducted on ISS and the ground-based research needed to ensure that Station research is of the highest quality. It would require that the Administrator evaluate other scientific uses for ISS, including use as a test bed and that, subsequent to the completion of ISS assembly, steps be taken toward the transition of ISS research management to a public-private partnership as described in section 203. This section would require the submission of a comprehensive ISS research plan within one year of the date of enactment of the bill.
A primary justification for the nation's investment in ISS is the scientific and research potential it represents. Section 202 would reaffirm that view and provide guidance regarding the scope of the research activity to be conducted aboard the space station, including consideration of ground-based supporting and precursor research and the essential technical and scientific expertise associated with the planned research. Section 202 would specify examples of the research disciplines that should be considered in developing long-range research plans for ISS. While those examples are not intended to represent a required array of science disciplines, the Committee expects that they be carefully reviewed for their potential contributions to a broad range of ISS science capabilities that is planned on the basis of scientific value and potential rather than fall victim to an arbitrary budget-driven exercise. The eventual availability of supporting resources for science disciplines not directly associated with supporting the requirements of the Vision for Exploration cannot yet be determined, but important research capabilities should not be precluded from eventual application aboard the ISS as a result of near-term decisions based on cost or budget considerations. In order to address this concern, section 101(2) of the bill would authorize and require that $100,000,000 be made available in FY 2006 to provide continuing interim ground-based support for ISS research capabilities identified by NASA as not essential for exploration requirements.
The Committee recognizes that potential constraints on the ability to return research-related payloads to Earth for analysis on a timely basis represents a potential for degradation of ISS research capacity. Section 202 of the bill would address this concern by directing the establishment and maintenance of on-orbit analytical capabilities aboard the ISS.
Section 203. National laboratory status for the International Space Station.
Section 203 would designate the U.S. segment of the ISS as a national laboratory facility and would require the Administrator to outline the operations and functions of the space station national laboratory activities in a report to be provided within one year of the date of enactment of the bill.
The new direction embodied in the Vision for Exploration, in which NASA must focus its planning and program development beyond low-Earth orbit, places significant pressure on the completion of space station assembly and its outfitting for operations and research. While limited resources and new mission requirements place constraints on the research capabilities that NASA can support aboard the ISS, it is the Committee's view that the means must be found to preserve the broadest possible research potential for the ISS. Section 203 of the bill would provide such a means by designating the U.S. segment of the ISS as a National Laboratory facility. Such designation underscores the significance and importance placed on the scientific and research potential of the ISS.
The section would further require that the NASA Administrator develop a plan, to be submitted within one year of the date of enactment of the bill, that would specify the content and operations of the ISS National Laboratory facility and the structure, management, and operations of a ground-based National Laboratory. This lab would operate within the NASA structure as a cooperative undertaking, with government and non-government participants, and would assume responsibility for management and operations of the research aboard the facility. The implementation plan should include an assessment of the potential application of institutional arrangements used by other major governmental research and development facilities and complex, technology-dependent public infrastructure systems, including transportation authorities.
Following the submission of the required report, NASA may require specific enabling legislation authorizing the establishment of the ISS National Laboratory and authorizing it to receive and utilize funding and other support from non-NASA governmental entities and from appropriate non-governmental sources.
Successful implementation of the requirements of this section could provide the means of ensuring the broadest possible use of the ISS for scientific research, while enabling NASA to focus its ISS-supported research on meeting the requirements of the Vision for Exploration.
Section 204. Commercial support of International Space Station operations and utilization.
Section 204 would encourage the Administrator to utilize commercial providers, where possible, in supplying and enhancing the capabilities of the Station.
Regular and reliable access to the ISS is essential to establishing the ISS's viability as a National Laboratory. Possible cargo resupply capabilities for the ISS are emerging and NASA is encouraged to competitively purchase services on a fixed-price, commercial-terms basis, from providers as soon as possible. The Administrator's stated preference for open architectures can allow for new commercial entrants to be rewarded by successful development of new space transportation capabilities, including crew as well as cargo systems.
NASA is encouraged to continue its use of innovative contracting and partnership approaches for supporting development of alternative Earth to Orbit crew transfer capabilities, which may provide additional reliability for maintenance of support for the ISS and, potentially, future human exploration operations between low-Earth orbit and the Moon.
Section 205. Use of the International Space Station and annual report.
Section 205 would establish a policy of broad utilization of the International Space Station and would require an annual report detailing its uses.
Section 301. United States human-rated launch capacity assessment.
Section 301 would require the Administrator to provide an analysis of and transition plans for NASA's space transportation requirements, including the manner in which the plans meet the requirements under section 136 of the bill, any impacts to the industrial base, the plan's contribution to a national mixed-use fleet, plans for transition, support for the space station, development risks, costs, and schedule.
Section 302. Space shuttle transition.
Section 302 would prohibit the NASA Administrator from retiring the space shuttle orbiter until a replacement human-rated spacecraft system has demonstrated it can take humans into Earth orbit and return them safely. The Administrator would be prohibited from terminating any contracts or replacing any vendors until delivery of the transition plan required by this section.
The Committee views with great concern the possibility that the arbitrary retirement of the space shuttle orbiter on a date certain, without proven alternative crew and cargo launch capabilities in operation, would place the United States at a serious disadvantage in maintaining its leadership in human space exploration and would have a potentially negative impact on national security. Section 302 would resolve this concern by requiring that such systems be in place before the orbiter fleet is fully retired. The section does not require any number of flights by the orbiter. Rather, it requires that the orbiter be capable of flight.
The Committee notes with approval the efforts being undertaken by NASA to close or narrow this potential gap in U.S. launch capability, and awaits the results of the Exploration Systems Architecture Study.
The Committee further acknowledges the challenges inherent in accelerating development of replacement capabilities, especially in the context of limited resources. The Committee will review the final definition of efforts to address the potential gap in U.S. crew and cargo launch capability, and is prepared to consider modifications of this section of the bill either by amendment during further consideration of the bill by the Congress or by subsequent legislative enactment.
Section 303. Commercial launch vehicles.
Section 303 would express the sense of the Congress that NASA should employ commercial launch vehicles where appropriate.
Section 304. Secondary payload capacity.
Section 304 would require that NASA develop a secondary capacity for carrying payloads such as small scientific satellites and free flyers. This section does not refer to the development of new launch vehicles. Rather, it seeks to address the diversity of opportunities and the wait time for new instruments and experiments that could be shortened through the use of innovative secondary payload capacity.
Section 401. Commercialization plan.
Section 401 would require the Administrator, in consultation with the Associate Administrator for Commercial Space Transportation of the Federal Aviation Administration and the Director of the Office of Space Commercialization of the Department of Commerce, to submit to Congress a commercialization plan that identifies opportunities for the private sector to participate in the human missions to low-Earth orbit, Moon and Mars, and Earth science missions and applications. The plan would be required to be submitted to the Senate Committee on Commerce, Science, and Transportation and the House Committee on Science.
Section 402. Authority for competitive prize program to encourage development of advanced space and aeronautical technologies.
Section 402 would amend the Space Act to authorize NASA to carry out a program to award prizes to stimulate innovation in basic, advanced, and applied research; technology development; and prototype demonstrations that have the potential to improve the performance of the aeronautical and space activities of NASA. The total amount of cash prizes awarded in a fiscal year may not exceed $100,000,000. No prize competition may result in the award of more than $1,000,000 in cash prizes without the approval of the Administrator or his designee.
Awarding prizes up to $100 million in any fiscal year is intended to help the Agency meet technology challenges, particularly in exploration. By specifying only the goal but not the exact procedure, the Committee expects these prizes to attract a broad spectrum of ideas and participants, including non-traditional sources of innovation that contribute to greater diversity in engineering approaches. NASA would be able to leverage the technical resources of all the participants, with each participating team bringing new and different technical resources and knowledge to apply to the problem. Such innovation may result in novel or low-cost solutions to NASA's engineering problems.
Competitive prizes have been used successfully in the past to support the development of advanced technologies and have been endorsed by the National Academy of Engineering. Most historical examples show that the total money spent in pursuit of a prize far exceeds the value of the prize. After 1900, and during the interwar years, prizes catalyzed development of new aircraft technologies and demonstration of new aircraft capabilities (including Charles Lindbergh's transatlantic flight). Newspapers, the U.S. Postal Service, the Department of Defense, and major airlines have sponsored these prizes. Recent prize programs include the Ansari X-Prize, a privately funded launch vehicle competition that attracted 25 competing teams that made investments totaling several times the $10 million value of the prize. Prize programs demonstrate how a NASA program could multiply a return on its investment. The above examples also demonstrate how prizes can draw substantial media attention and public interest to the technical field, competitors, and the prize sponsors. At NASA, a prize program could encourage unexplored technology pathways to meet mission objectives and requirements, promote science and technology education and increase public interest in NASA's programs. Nonetheless, NASA's use of this authority should be guided by its space architecture and mission needs.
Section 403. Commercial goods and services.
Section 403 would express the Sense of the Congress that NASA should purchase commercially available space goods and services to the fullest extent feasible in support of its activities, encourage commercial use and development of space, and utilize space goods and services that are under development by the private sector.
Section 501. Extension of indemnification authority.
This provision would amend section 309 of the Space Act to extend its authority by two years. Section 309 authorizes NASA to enter into agreements to indemnify developers and operators of experimental space vehicles for liability for damages to third parties in excess of required insurance and to pursue cooperative agreements containing cross-waivers of liability with cooperating parties. This authority, modeled on the Commercial Space Launch Act, currently expires on September 30, 2005.
Section 502. Intellectual property provisions.
Section 502 would amend the Space Act by adding a new subsection (g) to section 305, which would provide NASA with the authority to license or assign title to inventions made by a NASA employee to organizations that are participants in agreements entered into pursuant to section 203(c)(5) and (c)(6) of the Space Act (including what are known as Space Act Agreements). This authority will conform NASA's authority under the Space Act with authority already provided to other agencies under the Stevenson-Wydler Technology Innovation Act of 1980, as amended by the Federal Technology Transfer Act of 1986, for the use of Cooperative Research and Development Agreements (CRADAs).
Section 503. Retrocession of jurisdiction.
Section 503 would provide the Administrator authority to relinquish the legislative jurisdiction of the United States over lands or interests under the Administrator's control to the State within which the lands or interests are located. This authority is similar to that held by other executive branch agencies, and would in no way prejudice NASA ownership of the property.
Section 504. Recovery and disposition authority.
Section 504 would protect the privacy of astronauts and their families and enhance NASA's ability to conduct thorough investigations of accidents involving NASA human space flight vehicles by authorizing the Administrator to take control over the remains of any crew members and order autopsies and other scientific or medical tests when there is an accident or mishap resulting in the death of a crew member of a NASA human space flight vehicle.
Section 505. Requirement for independent cost analysis.
This section would: (1) amend section 301 of the NASA Authorization Act of 2000, Public Law No. 106-391, to replace the term `Phase B of a project' with `implementation of a project' and to include a definition of implementation in order to make the statutory language consistent with terminology currently used by NASA in describing the various stages of program or project development; (2) reside the responsibility for this activity with the Administrator, rather than the Chief Financial Officer; (3) require that the Administrator also consider the analysis before obligating funds for project implementation; and (4) include a definition of independent life cycle cost analysis in order to avoid confusion regarding who may conduct the analysis in satisfaction of the statute.
Section 506. Electronic access to business opportunities.
This section would enable NASA to test how best to utilize the economies available through the use of electronic commerce. Specifically, it would allow NASA to conduct a pilot program under which it would reduce the amount of time currently required between the publication of notice of a contract action and the release of the solicitation.
Section 507. Reports elimination.
Section 507 would repeal several reporting requirements that have been rendered superfluous or unnecessary by events or completion of the underlying objective.
Section 131. Implementation of a science program that extends human knowledge and understanding of the Earth, sun, solar system, and the universe.
Section 131 requires NASA to complete a science plan and execute a balanced science program, including aeronautics and space and Earth science. This section also includes language that would require the Administrator to make a determination and develop a schedule regarding the undertaking of a shuttle mission to service a unique national asset, the Hubble Space Telescope, after completion of the first two `return-to-flight' shuttle missions, unless such a mission would compromise astronaut safety or the integrity of NASA's other missions. This section also would ensure that a significant portion of the amount expended for aeronautics is directed to the Vehicle Systems Program.
While the portion of NASA's budget dedicated to science is projected to grow, the Universe and Sun-Earth system areas of the Space Science budget are facing potential decreases. Section 131 of the bill includes language that would require a determination regarding the potential acceleration of several of these missions to meet their original schedule.
Section 132. Biennial reports to Congress on science programs.
Section 132 would require submission of the science plan every two years. This report on science balance should address concerns about the Universe and Sun-Earth Systems programs, as well as plans for science activities on lunar precursor missions and on the lunar surface, and partnership opportunities identified from greater inter-agency, commercial and technology collaborations. Future reports will be used to help determine the adequacy of NASA's efforts in these areas and whether further legislative direction is required.
Section 133. Status report on Hubble Space Telescope servicing mission.
Section 133 would require the submission within 60 days after the landing of the second space shuttle mission after enactment of a one-time status report on a Hubble Space Telescope servicing mission.
Section 134. Develop expanded permanent human presence beyond low-Earth orbit.
Section 134 would authorize the pursuit of the core program outlined in the `Vision for Space Exploration' articulated by President George W. Bush on January 14, 2004. That program envisions a permanent base on the Moon to be utilized for commercial, scientific and other purposes, and to serve as a precursor for exploration of other bodies such as Mars. This section would authorize NASA to seek appropriate international cooperation and participation in the accomplishment of these objectives, to develop the technologies to utilize lunar-based resources and materials to sustain lunar surface operations, and to support further exploration beyond low-Earth orbit. This section also would require a plan to be submitted with the annual budget requests for the Agency which would include a defined mission architecture, an outline of planned precursor mission activity, technology, and transportation requirements, commercial opportunities, and a cost assessment to support both low-Earth orbit operations and lunar exploration objectives.
The bill would endorse the expansion of human presence beyond low-Earth orbit, beginning with a focus on the exploration of the Moon and the establishment of a permanently inhabited base on the lunar surface to support a range of national, commercial, and scientific purposes. Maintaining a leadership role in exploration and utilization of space beyond low-Earth orbit is consistent with the character and heritage of the nation and lunar exploration is increasingly relevant to the nation's economic and national security interests. As greater interest is expressed within a growing community of space faring nations in lunar exploration, these considerations underscore the importance of seeking international cooperation and collaboration in the development and implementation of lunar exploration activities. The successful pursuit and accomplishment of the objectives identified in this section will ensure U.S. leadership in space exploration and development as other nations, commercial interests, and individuals continue to develop the means to move beyond Earth's bounds.
In-situ resource utilization could play a critical role in enabling human exploration and eventual settlement beyond Earth. The use of space-based resources could reduce dependency on launch and space transportation systems and ensure greater operational independence for distant operations, whether temporary or permanent. The development of technologies to locate, process, and utilize in-situ resources also offers significant potential for both Earth-based commercial development in activities such as materials processing and energy and food production. In addition, the ability to develop, test and operate in-situ resource capabilities in the lunar environment is essential to enable future human exploration beyond the Moon. NASA should develop these capabilities, as well as any appropriate policy and legal framework to enable their use.
Section 135. Ground based analog capabilities.
Section 135 would require NASA to evaluate and test the systems and operating principles necessary for utilizing the natural resources known to exist on the lunar surface. These capabilities would be tested in remote U.S. locations offering similar, or analogous, environments to those in which they would be expected to operate. This section would also require the maximum level of participation by local populations and the use of cooperative educational and industrial partnerships in the identification, establishment and operation of the analog sites and related facilities.
Such testing and verification are essential in the development of capabilities crucial to lunar exploration and the establishment of a sustained lunar presence. These technologies offer significant potential for broad commercial participation in both the development of in-situ processing capabilities and in applying the proven technologies to a variety of commercial and other activities on Earth.
Section 136. Space launch and transportation transition, capabilities, and development.
Section 136 would require the development, within 120 days of the enactment of the bill, of a plan to transition to the next generation of capabilities for launching crew and cargo into space. This section would require that the plan should incorporate the use of existing assets of the space shuttle program to the maximum possible extent. This section would direct the development of autonomous rendezvous and docking capabilities to enable crew and cargo vehicles to dock with the International Space Station.
While the Committee has immediate concerns about the continued capability to support operations and research activity aboard the International Space Station, it is expected the plan required by this section must include consideration of the full range of required space transportation capabilities, including those needed for human exploration, development, and permanent settlement of the Moon.
Section 137. National policy for aeronautics research and development.
Section 137 would call for the President, acting through the Director of the Office of Science and Technology Policy, to develop a national aeronautics research and development policy to guide the full range of government-supported aeronautics research. The section would require that the policy be developed in consultation with NASA and other relevant Federal agencies. It also would make use of external or non-government studies which have suggested policies and actions to support the nation's ability to successfully participate in the global aerospace industry and market, such as the National Institute of Aeronautics study titled `Responding to the Call: Aviation Plan for American Leadership.' This policy would be submitted to Congress within one year.
It is essential to ensure the nation's ability to remain competitive in the global aerospace marketplace. Despite challenges from abroad, the United States lacks a clear aeronautics policy that defines the roles, goals and objectives of government in research, development, technical advancement, and enhancement of the nation's aerospace industry. The policy would be formulated at the Presidential level, through the Director of the Office of Science and Technology Policy and include consultation not only with NASA but with other relevant Federal agencies, including the Departments of Transportation, Defense, and Commerce.
The policy would recognize current efforts within NASA to address aeronautical research and development requirements on a cooperative and multi-agency basis, such as those undertaken by the Joint Planning Development Office (JPDO) for aeronautics and cooperative research and those within the Vehicle Systems Program.
Meeting the growing demand for air travel while simultaneously improving aviation safety and security requires a complete transformation of air traffic management by the Federal Aviation Administration (FAA). Over the next 20 years, air traffic demand in the United States will more than double. For this growth to be safely, securely, and efficiently accommodated, transformation to an operational environment with responsibilities appropriately distributed between air and ground, supported by a network centric system architecture is necessary. The JPDO is tasked to create and implement a national approach for a Next Generation Air Transportation System (NGATS) and ensure that this transformation occurs in a timely fashion. The commitment of funding and the active leadership by senior officials at NASA and the Departments of Defense, Transportation, Homeland Security, and Commerce, are critical to the success of the JPDO initiative and must be made a high priority by all the departments and agencies. The Committee believes that a higher level of focus and integration of NASA's research plan with the JPDO initiative is needed and full industry participation is essential. Moreover, the Committee wants to accelerate the transition to NGATS.
Once established, the aeronautics policy should guide aerospace research and development priorities and enable the Administration and the Congress to make informed judgments about the resource requirements for aerospace research and development. The Committee is aware of concerns that current funding and programmatic decisions within NASA affecting aerospace research and development activities and programs may adversely affect the nation's competitive posture in this important sector of trade and economic development. It is the Committee's view that such concerns can only be fairly assessed and addressed in the context of a comprehensive policy such as that required by the provisions of the bill. The policy should examine mechanisms that could create innovative management and funding strategies.
The Committee directs NASA to (1) engage industry to collaborate with the JPDO in identifying and integrating existing and emerging capabilities into the design and development of the NGATS operational concept and supporting architecture; (2) partner with industry in pilot projects to mitigate the financial and operational risk associated with system transformation; and (3) deliver a report to the Committee on the status of these activities and how the aeronautics and relevant atmospheric science and space technology research budgets align with the JPDO and the NGATS vision.
Section 138. Identification of unique NASA core aeronautics research.
Section 138 would require the NASA Administrator to provide an assessment of NASA's aeronautics capabilities in support of new aeronautic and space vehicles and the unique capabilities that must be retained to further space exploration and support U.S. economic competitiveness.
Section 138 would require the development of an assessment of those current and potential capabilities within 180 days of the enactment of the bill. Such an assessment would make an important contribution to the development of the policy that would be required in section 137, as well as provide essential information to evaluate the Agency's aeronautical research requirements.
The expansion of private sector commercial interest and activity in both atmospheric and sub-orbital flight provides the potential for mutually beneficial relationships in pursuit of aeronautical research and development between the public and private sector. The assessment that would be required by section 138 should include a thorough review of the role that NASA's Aeronautics Research program, personnel, and capabilities could play in accelerating and broadening the emergence of the U.S. suborbital reusable launch vehicle industry to serve scientific, economic, and national security interests. The Administrator shall, as appropriate, consult with other Federal agencies which may have a regulatory, promotional, research and development, or utilization stake in the future of this industry, in conducting this assessment.
Section 139. Lessons learned and best practices.
Section 139 would require the Administrator to provide a plan, within 180 days after enactment of the bill, describing the means by which NASA will obtain, implement, and share lessons learned and best practices within its major programs and projects. The section includes specifications for the implementation plan and provides for the definition of incentives to encourage the use of lessons learned and program penalties for the failure to do so. This section provides a legislative basis for ensuring that the burgeoning culture of learning and safety emerging at NASA as a result of the Columbia accident is retained and continues to be ingrained into the management structure of the Agency.
Section 140. Safety management.
Section 140 would amend the Aerospace Safety Advisory Panel charter to direct the Panel to evaluate NASA's compliance with on-going return-to-flight and continue-to-fly recommendations from the Columbia Accident Investigation Board. The Panel was legislatively established in the wake of the Apollo One fire to be an independent safety watchdog. This section affirms the Panel's important and ongoing role in assuring the highest level of safety in NASA's operations.
Section 141. Creation of a budget structure that aids effective oversight and management.
Section 141 would ensure that NASA identifies major program areas within its annual budget submissions beginning with FY 2007 and that it consistently maintains that budget structure in future years to facilitate congressional oversight and budget management. The Committee has been frustrated by continually changing budget structures that have hampered the comparison of programs from year to year.
Section 142. Earth observing system.
Section 142 would ensure the long-term vitality of the Earth Observing System by requiring the Administrator, in consultation with the National Oceanic and Atmospheric Administration and the United States Geological Survey, to submit a plan within 6 months after enactment of the bill that addresses budget projections, technical requirements, delayed or canceled NASA missions, plans for any transfers of requirements to National Polar-orbiting Environmental Satellite System (NPOESS), and the technical basis for exploratory Earth observation systems, including new satellite architectures and instruments.
Section 142 reflects the Committee's concerns about the potential impact of evolving funding priorities on specific science data collection activities. The section would address specific concerns with the Earth Observing System, one of NASA's most successful Earth science programs. Such a plan is essential to inform future decisions regarding resource allocations within this important research and data collection activity.
Section 143. NASA healthcare program.
Section 143 would direct the Administrator to take the necessary steps to establish a lifetime healthcare program for NASA astronauts and their families that enables the collection and study of healthcare data to further understanding of the long-term health effects of space flight on humans.
Section 144. Assessment of extension of data collection from Ulysses and Voyager spacecraft.
Section 144 would direct the Administrator to assess the costs and benefits of extending the termination of data collection from the Ulysses and Voyager spacecrafts and submit a report to Congress.
Section 145. Program to expand distance learning in rural underserved areas.
Section 145 would expand distance learning in rural, underserved areas by directing the Administrator to develop or expand programs to extend science and space educational outreach to rural communities and schools through `distance learning'--video conferencing, exhibits, teacher education, classroom presentations, and field trips--giving priority to existing programs such as the Challenger Learning Centers. One excellent model for community involvement in science education is the `Women in Technology' program on the Island of Maui, Hawaii, and the Committee would hope that NASA considers such programs as it moves forward in distance learning programs.
Section 146. Institutions in NASA's minority institutions program.
Section 146 would add Hispanic-serving institutions, Tribal Colleges or Universities, Alaska Native-serving institutions, and Native Hawaiian-serving institutions to the list of institutions, including historically Black colleges and universities, for consideration in NASA's small and disadvantaged business prime and subcontract award goals.
Section 147. Aviation safety program.
Section 147 would improve aviation safety by requiring the Administrator to make satellite imagery of remote terrain available to the FAA and the Five Star Medallion Program for their programs to assist and train pilots in navigating challenging terrains.
Section 148. Atmospheric, geophysical, and rocket research authorization.
Section 148 would authorize the appropriation of $1,000,000 in each of FYs 2006 through 2010 for the Poker Flat Rocket Range and the Kodiak Launch Facility.
Section 149. Orbital debris.
Section 149 would direct the Administrator, in conjunction with heads of other agencies, to develop or acquire technologies to reduce the risks of orbital debris.
Section 150. Continuation of certain educational programs.
Section 150 would direct the Administrator to ensure the continuation of the Space Grant College Program, the Experimental Program to Stimulate Competitive Research (EPSCoR), and NASA Explorer Schools. These programs help bring NASA research to States and communities that do not have a NASA center and are vital to educating and inspiring the next generation of U.S. scientists and engineers.
Section 151. Establishment of the Charles `Pete' Conrad Astronomy Awards Program.
Section 151 would authorize the establishment of an award program, named in honor of former astronaut Pete Conrad, recognizing amateur astronomers involved in the search for near-Earth objects. The annual awards would be in the amount of $3000 and would be limited to U.S. citizens or permanent residents.
Governmental efforts to identify and catalogue near-Earth objects are addressed elsewhere in this bill. However, many amateur astronomers identify and track near-Earth objects. This program offers an opportunity to recognize them and provide an incentive for their continued efforts, which augment the Government's program.
Section 152. GAO assessment of feasibility of Moon and Mars exploration missions.
Section 152 would require the Comptroller General, within nine months of enactment of the bill, to submit an assessment of the long-term cost implications of NASA's Moon and Mars exploration programs, including architecture and schedule.
The Committee recognizes the difficulty of developing a single, firm cost estimate of programs that are designed to evolve over time as new technologies come on line. These additional capabilities, coupled with commercial and international participation, will require NASA to adjust its funding and planning for a program of exploration expected to continue into the future. The assessment that would be required by section 152 should be focused on an evaluation of the methodology utilized by NASA in developing the funding projections that accompany program definitions as a component of annual budget submissions. This assessment should address the methods by which NASA's program progress evaluations can be utilized to minimize the danger of making long-term funding commitments to high-risk program development activities, including options for conducting such assessments over the life of Moon and Mars Exploration programs.
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