[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1821 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 1821
To establish a National Space Commission on activities of the United
States related to the future of space.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 5, 2003
Mr. Hollings (for himself, Mr. Inouye, Mr. Rockefeller, Mr. Kerry, Mr.
Breaux, Mr. Dorgan, and Mr. Lautenberg) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To establish a National Space Commission on activities of the United
States related to the future of space.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Space Commission Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Since the enactment of the National Aeronautics and
Space Act of 1958, space has become increasingly important for
science, public safety, national defense and intelligence
gathering, commercial telecommunications and other Earth
applications, and the advancement of international relations
tied to the use of space for peaceful purposes.
(2) The recent loss of the Space Shuttle Columbia
highlighted the true condition of space flight: that it is
highly prone to risk, fundamentally challenges the laws of
nature, is extremely unforgiving of lapses in judgment, and
demands the utmost consideration of safety and the dignity of
human life.
(3) The Columbia Accident Investigation Board expressed
extreme misgivings about the management and technical culture
of the National Aeronautics and Space Administration. In
addition to prescribing a specific menu of recommendations, the
Board expressed concerns that the agency may not be able to
achieve its own reform, stating that, ``Based on NASA's history
of ignoring external recommendations, or making improvements
that atrophy with time, the Board has no confidence that the
Space Shuttle can be safely operated for more than a few years
based solely on renewed post-accident vigilance''.
(4) Today, American astronauts and International Partner
cosmonauts reside in space with limited means of safe rescue
and support. The Nation remains dependent on the Space Shuttle
as the sole means of International Space Station assembly and
human operation in space for the foreseeable future. And the
Nation faces a period of greatly increased expense merely to
sustain current space operations.
(5) Even if new vehicle technologies were available, it is
a matter of public discussion whether the historic ideals and
prospects for the human exploration and development of space
still guide our national program in space or whether the role
and purpose of human presence in space has become ambiguous in
light of other potential purposes for and uses of space.
(6) Meanwhile, our national program in space suffers from
an aging space workforce and aging, sometimes dilapidated space
facilities and systems, an atrophying of expertise, and a
general lack of renewal of purposes, objectives, and methods.
Commercial markets requiring space launch that are crucial to
establishing the firm economic basis for the development of
space and for the commercial development of space technology
have not emerged but have withered. Although the use of space
for science and national security purposes is expanding, the
economic and commercial development of space continues to be
fledgling. Although the Nation stands on the doorstep of the
permanent human habitation of space, a mature agenda for safe,
economic operation in space necessary to broaden the Nation's
participation and interest in the peaceful development of space
is lacking.
(7) The Nation would benefit by establishing a permanent
National Space Commission to advise the President and Congress
on issues related to the re-flight and future use of the Space
Shuttle and on the possibilities for the future development and
use of space, and to recommend measures the Nation should take
to secure the safety of future space flight.
SEC. 3. NATIONAL SPACE COMMISSION.
(a) Establishment.--There is established a commission to be known
as National Space Commission.
(b) Membership.--
(1) Appointment.--The Commission shall have 12 Members, who
shall be appointed by the President by and with the advice and
consent of the Senate.
(2) Term.--Members of the Commission shall serve for a term
of 5 years and shall be eligible for reappointment, except that
the members initially appointed shall be appointed for terms of
3 years each.
(3) Qualifications.--Members shall be selected from among
individuals--
(A) with national reputations in the conduct of
space flight and the development of space systems and
technology;
(B) who are representative of the many views about
the future of space and the economic and technical
prospects for its use and development; and
(C) who are or have been employed in space-related
activities, including--
(i) leaders of aerospace companies and
other industries involved in the development
and use of space;
(ii) professionals who have performed in
significant capacities in the management of
space programs or ventures; and
(iii) distinguished members of academia.
(4) Vacancies.--Any vacancy occurring other than by the
expiration of a term shall be filled in a manner that best
replaces the qualifications of the person vacating the
position, unless a person with different qualifications is to
be nominated and appointed for the purpose of changing or re-
directing the activities or objectives of the Commission.
(5) Status as special government employees.--Members of the
Commission are deemed to be special Government employees (as
defined in section 202(a) of title 18, United States Code)
without regard to the number of days of service during any 365-
day period while engaged in the business of the Commission.
(6) Travel expenses.--Members of the Commission shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of
business.
(c) Chair.--The President shall designate an individual to serve as
Chair of the Commission for a term of 3 years, except that until the
Commission has been in operation for 3 full years the term of the
individual so designated shall be 1 year. Any individual designated as
chair is eligible for redesignation as Chair.
(d) Meetings.--The Commission shall meet at the call of the Chair.
A majority of the members shall constitute a quorum, but a lesser
number may conduct the business of the Commission.
(e) Staff.--
(1) In general.--The Commission shall appoint and fix the
compensation (in accordance with the guidelines prescribed by
the Administrator of General Services under section 7(d) of the
Federal Advisory Committee Act) of staff comprising--
(A) staff selected by the Chair as permanent staff
of the Commission; and
(B) staff selected by each Member as staff of the
Member for the duration of the Member's appointment to
the Commission.
(2) Qualifications.--Staff shall be selected from among
employees of business and professional firms in the business of
the development of, manufacture and operation for, or use of
space, individuals with entrepreneurial experience, employees
of research centers and national laboratories, scholars,
professionals, and academics whose work and insights are such
that their work in support of the Commission will enhance the
Nation's ability to guide and direct the space program.
(3) Detailing of federal employees.--At the request of the
Commission, the head of a Federal department or agency may
assign an employee to serve as a member of the Commission staff
while employed by the United States.
(4) Experts and consultants.--
(A) In general.--The Commission may obtain the
services of experts and consultants in the private and
nonprofit sectors in accordance with section 3109 of
title 5, United States Code.
(B) Available arrangements.--In obtaining any
service described in subparagraph (A), the Commission
may use any available grant, contract, cooperative
agreement, or other arrangement authorized by law.
(C) Notice.--The Commission shall give public
notice of any such grant, contract, cooperative
agreement, or other arrangement before making any such
grant or executing any such contract, cooperative
agreement, or other arrangement.
SEC. 4. GENERAL DUTIES.
(a) In General.--The Commission shall--
(1) provide advice and counsel to the President and the
Congress of the United States on matters related to the future
development and use of space;
(2) address questions of special merit posed by the
President or by the Congress to be addressed by the Commission;
(3) conduct studies, assessments, and other methods of
evaluation, including market, business, and financial
assessments, necessary to reach conclusions and to formulate
recommendations about the future of space;
(4) convene and establish public forums, reviews, and other
means of public discourse for purposes of gathering and
distributing information, facts, opinions, and data related to
the future of space;
(5) confer with Federal, State, and local governments and
regional organizations, United States corporations,
laboratories, research centers and universities, and
appropriate departments, agencies, and enterprises of other
Nations on questions related to the development and use of
space;
(6) make other recommendations as necessary to achieve the
expanded development and use of space, including assessments of
the status, focus, and effectiveness of government and industry
programs and efforts designed to achieve that purpose;
(7) propose and establish a National approach for the
safety of space flight in support of commercial, military and
civilian space and suborbital space programs, including issues
related to the commercial licensing and operation of space
vehicles, the regulation, management, and control of space
flight parts, components, systems, and facilities, and the
training and advancement of government and industry personnel
necessary to achieve safe space flight; and
(8) advise the President and the Congress on any changes in
Federal law or international agreements necessary to achieve
the recommendations, solutions, and outcomes proposed by the
Commission.
(b) Methods of Space Flight.--In carrying out its duties under
subsection (a), the Commission shall consider the potential for the
future use of space by human and robotic means and the likely
contribution of both to the long-term development and use of space.
(c) Disclaimer.--Nothing in this Act is intended--
(1) to prejudice the disposition, or outcome of decisions
related to the ownership or institutional operation and
support, of Federal laboratories, centers, or bases; or
(2) to preclude the use of special classes, designs, or
certification rules and standards peculiar to the use of
military space vehicles.
SEC. 5. SPECIFIC REPORTS AND ADVISORY ACTIVITIES.
(a) Space Shuttle; International Space Station.--
(1) In general.--The Commission shall evaluate the
findings, recommendations, and observations of the Columbia
Accident Investigation Board and the activities of the National
Aeronautics and Space Administration to respond to the Board's
report, including issues related to the re-flight of the Space
Shuttle, alternative near-term crewed vehicle options, and
changes in the agency's organization, management, technical
administration, and conduct of safety, operations and
engineering, and training, and other changes intended to ensure
the safety of space operations and the dignity of human life.
(2) Criteria for return to operations.--The Commission
shall make recommendations to the President and the Congress
concerning--
(A) any additional criteria and conditions that the
Commission considers critical for the safe operation of
the Space Shuttle that warrant demonstration during the
initial and subsequent return-to-flight test and
demonstration missions; and
(B) longer-term criteria and conditions necessary
for a return to sustained operation and management of
human space flight following the initial Space Shuttle
re-flight and test and demonstration flights.
(3) Evaluation of human space flight management reforms.--
The Commission shall assess--
(A) the capability of the National Aeronautic and
Space Administration to resolve all findings,
recommendations, and observations of the Columbia
Accident Investigation Board to the Commission's
satisfaction, including management and technical
reforms necessary to achieve safe space flight;
(B) the relationship of the National Aeronautic and
Space Administration to its industrial, scientific, and
commercial partners and the proper role of each party
in the selection, design, development, and operation of
high risk space flight systems; and
(C) additional workforce, organization, and
management reforms that may be required to enhance
further the ability of the National Aeronautic and
Space Administration, its partners, or other agencies
of the United States to achieve safety of human space
flight.
(4) Consideration of the international space station and
alternative space transportation solutions.--In making its
evaluation and recommendations under this subsection the
Commission shall consider--
(A) the condition of the International Space
Station along with the further risk to or security of
human life resulting from any decision to accelerate or
slow the return to assembly and operation of the
International Space Station and sustained human space
flight operations;
(B) alternative space vehicle and crewing options
that meet the highest achievable standard of crew
safety and security on-board the International Space
Station in the shortest amount of time;
(C) the modification or purchase of existing space
vehicles necessary to achieve a higher standard of
heightened crew safety or enhanced ability to conduct
safe human space flight operations;
(D) the acquisition or development of crewed
vehicles on a schedule significantly more aggressive
that the proposed schedule of the Orbital Space Plane;
and
(E) the contribution of any proposed vehicle
options to purposes in space other than servicing and
support of the International Space Station.
(5) Reports to congress.--
(A) Alternative means of crew transfer.--Within 3
months after the full Commission has taken office, it
shall report to the President and the Congress on
crewing options for the Space Shuttle during the period
of assembly of the International Space Station,
alternative interim use of available space vehicles for
these operations, and alternative or accelerated United
States crewed vehicle modification or development
options in lieu of or in addition to the proposed
Orbital Space Plane program.
(B) Space shuttle return-to-flight.--
(i) Preflight advice.--On a continuous
basis from the initial return-to-flight mission
of the Space Shuttle through the final such
mission, the Commission shall advise the
Administrator, the President, and the Congress
of the results of its review and assessment of
the Space Shuttle return-to-flight, including
any additional criteria the Commission
establishes for return-to-flight missions.
(ii) Final preflight recommendation.--
Within 60 days before the planned date for the
first Space Shuttle return-to-flight, and
within 30 days before each subsequent test or
demonstration flight of the Space Shuttle, the
Commission shall transmit its final
recommendations for return-to-flight to the
Administrator, the President, and the Congress.
In addition, the Commission shall attach to
each such transmittal to the President and the
Congress a record of its recommendations to the
Administrator and a description of the
Administrator's responses and actions in
response to those recommendations.
(iii) Post-resumption analysis.--Within 6
months after the first successful return-to-
flight mission of the Space Shuttle, the
Commission shall submit a report to the
President and the Congress summarizing the
Commission's and the National Aeronautics and
Space Administration's work on the re-flight of
the Space Shuttle and addressing further
changes that should be accomplished to ensure
safe continuous operation of the Space Shuttle
and the International Space Station. The report
shall address the status of organizational,
management, and technical changes in the
National Aeronautics and Space Administration,
their effectiveness in resolving concerns about
the safety, operations, engineering, and
management cultures of the agency, and their
effectiveness in resolving concerns and risks
associated with a return-to-normal operations
for the Space Shuttle and the International
Space Station.
(b) Future Launch Technology and the Development of and Uses for
Space.--
(1) In general.--The Commission shall--
(A) advise the President and the Congress on the
state of the Nation's investment in and development of
advanced space launch technology, including advanced
space lift propulsion systems;
(B) make recommendations on steps necessary to
accelerate the development of technologies and
capabilities to advance the economy of space flight and
the prospect for the expanded use of space for
economic, commercial, and industrial purposes;
(C) assess how State and local governments and
regional authorities might benefit from the expanded
use of space;
(D) evaluate the ability of the Nation's private
research centers, laboratories, and private and public
universities to contribute to and benefit from the
expanded development and use of space;
(E) assess the future use of space for exploration,
science, research, national security, and public safety
ensure that such uses are consistent with the long-term
economic development of space, and are designed to
enhance the industrial and commercial capabilities of
space flight whenever possible; and
(F) make detailed recommendations related to the
use of budget, regulatory, and licensing powers and
authorities of the United States to enhance, to better
plan for, and to coordinate the activities of the
United States related to the development and use of
space.
(2) Report to congress.--By September 1, 2005, the
Commission shall transmit to the Congress a report that--
(A) summarizes its recommendations for future
national goals for the development and use of space;
(B) provides a blueprint of capabilities that could
and should be achieved by the end of the present
decade, by 2015, and by 2025 in order to better
position the Nation to achieve those goals; and
(C) addresses potential markets and uses for space
and the means of financing the development and use of
space.
(c) National Approach to the Safety of Space Flight.--
(1) In general.--The Commission shall conduct a review and
assessment of the Nation's program of safety in space flight as
conducted by the United States, the commercial space industry,
and other private parties.
(2) Contents.--The review and assessment shall--
(A) assess the current use of inspection,
acceptance, and commercial licensing to certify the
safety, flight worthiness, and flight readiness of
space vehicles and their associated launch and ground
control facilities;
(B) evaluate and compare current space launch and
flight operations practices, including the promulgation
of flight rules and over-flight plans of populated
areas;
(C) assess and compare how Federal agencies,
private launch operators, and commercial industry make
determinations of flight worthiness and ground and
flight system readiness, including the use of tests,
analyses, demonstrations, and other means whereby the
operational readiness of space vehicles, crew, and
ground systems are verified to be ready for launch and
operation;
(D) address current government and industry
practices for conducting and coordinating design and
decision rules within and among space management
agencies, firms, organizations, and ground control and
flight operations management centers before, during,
and after flight; and
(E) assess practices and conditions related to the
acquisition and sale of parts, components, systems,
services, and capabilities among Industry prime and
supplier contractors and the Federal Government,
including outsourcing, sole source, and other
competitive and non-competitive forms of relationship,
and their impact upon safety.
(3) Report to congress.--No later than September 1, 2005,
the Commission shall transmit to the Congress a report that--
(A) summarizes the results of the review and
assessment required by paragraph (1); and
(B) makes recommendations for a National program
of--
(i) management of safe commercial, civil,
and military space flight; and
(ii) regulation of the design,
certification, or licensing of space flight
systems for launch and landing over the United
States, or for orbital or suborbital operation
using crew or passengers aboard commercial or
civil vehicles licensed or operated by the
United States.
(d) Annual Report.--In addition to other reports required or
permitted under this Act, within 60 days after the end of each fiscal
year, the Commission shall provide an annual report to the Congress
that--
(1) summarizes its activities, reports, findings,
conclusions, and recommendations during that fiscal year; and
(2) contains a year-end financial statement of the
Commission's operations, including a detailed statement of the
purposes for which funds have been expended by the Commission.
(e) Other Reports.--The Commission may also report to the President
and the Congress on other space-related questions and issues raised by
the Congress, the President, or on its own initiative.
SEC. 6. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the National Aeronautics and Space
Administration.
(2) Commission.--The term ``Commission'' means the National
Space Commission established by section 3.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Commission such sums
as may be necessary to carry out its duties under this Act.
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