Space Leadership Preservation Act of 2013 - Establishes a six-year term of office for the Administrator of the National Aeronautics and Space Administration (NASA).
Prohibits the Deputy Administrator from acting for, and exercising the powers of, the Administrator for a period exceeding 45 days. Requires the Associate Administrator, after such a 45 day period, to exercise the powers of the Administrator until a new Administrator is appointed and confirmed by the Senate.
Establishes a Board of Directors for NASA.
Sets forth Board membership and appointment criteria. Allows the President to appoint the Administrator and Deputy Administrator from among a list of nominees provided by the Board.
Requires the Board to provide: (1) NASA's proposed annual budget; (2) annual reports on spaceflight infrastructure, unique space capabilities, and the workforce necessary to maintain such infrastructure and capabilities; (3) reports on specific policy matters; and (4) quadrennial reviews of current space programs and a vision for future space exploration.
Authorizes the Administrator to enter into contracts for rocket propulsion systems and manned and unmanned space transportation vehicles and payloads.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 823 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 823
To preserve American space leadership, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 26, 2013
Mr. Culberson (for himself, Mr. Wolf, Mr. Gene Green of Texas, Mr.
Posey, and Mr. Olson) introduced the following bill; which was referred
to the Committee on Science, Space, and Technology, and in addition to
the Committee on the Budget, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To preserve American space leadership, and for other purposes.
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 ``Space Leadership Preservation Act of
2013''.
SEC. 2. PURPOSE.
The purpose of this Act is to ensure that the American space
program will always be the best in the world, and to ensure that
America will always be able to preserve and protect our leadership in
the exploration of outer space, the high ground of the future. Congress
is hopeful that by restructuring NASA we can make the Agency less
political and more professional so that visionary NASA scientists,
engineers, and astronauts will continue to inspire future generations
by their continuing mission: to explore strange new worlds, to seek out
new life, to boldly go where no one has gone before.
SEC. 3. ADMINISTRATOR AND DEPUTY ADMINISTRATOR.
Section 20111 of title 51, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``Administrator.--There is
established'' and inserting ``Administrator.--
``(1) In general.--There is established'';
(B) in paragraph (1), as so designated by
subparagraph (A) of this paragraph, by inserting ``The
Administrator shall serve for a term of 6 years.''
after ``and activities thereof.''; and
(C) by adding at the end the following new
paragraph:
``(2) Board of directors nominations.--The President may
appoint the Administrator under paragraph (1) from among the
list of nominees provided by the Board of Directors pursuant to
section 20118(j)(2)(A).''; and
(2) in subsection (b)--
(A) by striking ``Administrator.--There shall be''
and inserting ``Administrator.--
``(1) In general.--There shall be'';
(B) in paragraph (1), as so designated by
subparagraph (A) of this paragraph, by inserting ``The
Deputy Administrator shall not act for, and exercise
the powers of, the Administrator for a period in excess
of 45 days. After 45 days, the Associate Administrator
shall exercise the powers of Administrator until a new
Administrator is appointed and confirmed by the
Senate.'' after ``absence or disability.''; and
(C) by adding at the end the following new
paragraph:
``(2) Board of directors nominations.--The President may
appoint the Deputy Administrator under paragraph (1) from among
the list of nominees provided by the Board of Directors
pursuant to section 20118(j)(2)(B).''.
SEC. 4. BOARD OF DIRECTORS.
(a) Establishment.--Subchapter II of chapter 201 of title 51,
United States Code, is amended by adding at the end the following new
section:
``Sec. 20118. Board of Directors
``(a) Establishment.--There shall be established a Board of
Directors for the National Aeronautics and Space Administration in
accordance with this section, not later than 9 months after the date of
enactment of the Space Leadership Preservation Act of 2013.
``(b) Membership and Appointment.--The Board shall consist of 11
members to be appointed as follows:
``(1) 3 members shall be appointed by the President.
``(2) 3 members shall be appointed by the president pro
tempore of the Senate.
``(3) 1 member shall be appointed by the minority leader of
the Senate.
``(4) 3 members shall be appointed by the Speaker of the
House of Representatives.
``(5) 1 member shall be appointed by the minority leader of
the House of Representatives.
In addition to the members appointed under paragraphs (1) through (5),
the Administrator shall be an ex officio, nonvoting member of the
Board.
``(c) Qualifications.--The persons appointed as members of the
Board shall be--
``(1) former astronauts or scientists or engineers eminent
in the fields of human spaceflight, planetary science, space
science, Earth science, and aeronautics, or other scientific,
engineering, business, and social science disciplines related
to space and aeronautics;
``(2) selected on the basis of established records of
distinguished service; and
``(3) so selected as to provide representation of the views
of engineering, science, and aerospace leaders in all areas of
the Nation.
``(d) Limitation on Members.--An individual employed by or
representing an organization with which the Administration has a
contract is not eligible to serve on the Board, except for scientists
employed by or representing colleges, universities, and other not-for-
profit organizations. Any such scientists serving on the Board shall
not directly work on a study, project, or program that receives funding
through a grant from or contract with the Administration, and shall
recuse themselves from any Board consideration of programs affecting
their place of employment. Additionally, a former Board member may not
take employment with or represent an organization with which the
Administration has a contract, or which is seeking such a contract, for
a period of 2 years following completion of service on the Board.
``(e) Terms.--The term of office of each member of the Board shall
be 3 years, except that any member appointed to fill a vacancy
occurring prior to the expiration of the term for which his predecessor
was appointed shall be appointed for the remainder of such term. Any
person who has been a member of the Board for 12 consecutive years
shall thereafter be ineligible for appointment during the 2-year period
following the expiration of such 12th year.
``(f) Meetings.--The Board shall meet quarterly and at such other
times as the Chairman may determine, but the Chairman shall also call a
meeting whenever one-third of the members so request in writing. The
Board shall adopt procedures governing the conduct of its meetings,
including delivery of notice and a definition of a quorum, which in no
case shall be less than one-half plus one of the members of the Board.
``(g) Chairman and Vice Chairman.--The election of the Chairman and
Vice Chairman of the Board shall take place at each first quarter
meeting occurring in an even-numbered year. The Vice Chairman shall
perform the duties of the Chairman in his absence. In case a vacancy
occurs in the chairmanship or vice chairmanship, the Board shall elect
a member to fill such vacancy.
``(h) Staff.--The Board may, with the concurrence of a majority of
its members, permit the appointment of a staff consisting of
professional staff members, technical and professional personnel on
leave of absence from academic, industrial, or research institutions
for a limited term, and such operations and support staff members as
may be necessary. Such staff shall be appointed by the Chairman and
assigned at the direction of the Board. The professional members and
limited term technical and professional personnel of such staff may be
appointed without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service, and the
provisions of chapter 51 of such title relating to classification, and
shall be compensated at a rate not exceeding the maximum rate payable
under section 5376 of such title, as may be necessary to provide for
the performance of such duties as may be prescribed by the Board in
connection with the exercise of its powers and functions under this
section.
``(i) Committees.--The Board is also authorized to appoint from
among its members such committees as it deems necessary, and to assign
to committees so appointed such survey and advisory functions as the
Board deems appropriate to assist it in exercising its powers and
functions under this section.
``(j) Functions.--
``(1) Budget proposal.--Not later than November 15 of each
year, the Board shall provide to the President, and to the
Committee on Appropriations and the Committee on Science,
Space, and Technology of the House of Representatives and the
Committee on Appropriations and the Committee on Commerce,
Science, and Transportation of the Senate, a proposed budget
for the National Aeronautics and Space Administration for the
next fiscal year. Such budget shall--
``(A) carry out the purpose described in section
20102(h);
``(B) be based on--
``(i) the best professional judgement of
the Board;
``(ii) recommendations from the scientific,
engineering, and other technical experts
communities; and
``(iii) the recommendations of the most
recent National Research Council decadal
surveys; and
``(C) follow such decadal surveys' recommended
decision rules regarding program implementation,
including a strict adherence to the recommendation that
the National Aeronautics and Space Administration
include in a balanced program a flagship class mission,
which may be executed in cooperation with one or more
international partners.
``(2) Nominees for administrator, deputy administrator, and
chief financial officer.--The Board shall provide to the
President--
``(A) a list of 3 nominees from which the President
may appoint an Administrator pursuant to section
20111(a);
``(B) a list of 3 nominees from which the President
may appoint a Deputy Administrator pursuant to section
20111(b) and
``(C) a list of 3 nominees from which the President
may appoint a Chief Financial Officer pursuant to
section 205(a) of the Chief Financial Officers Act (31
U.S.C. 901(a)).
The Board shall provide the first set of nominees under this
paragraph not later than 15 months after the date of enactment
of the Space Leadership Preservation Act of 2013.
``(3) Reports.--
``(A) Annual infrastructure, capabilities, and
workforce assessment.--The Board shall provide to the
President and the Congress annually a report assessing
the status of United States spaceflight infrastructure,
unique space capabilities, and the health of the United
States workforce necessary to maintain such
infrastructure and capabilities. The assessment shall
also identify areas of concern, gaps in capability
compared to foreign spaceflight capabilities, and
recommendations on how to strengthen or improve United
States capabilities and workforce.
``(B) Specific policy matter reports.--The Board
shall provide to the President and the Congress reports
on specific, individual policy matters within the
authority of the Administration (or otherwise as
requested by the Congress or the President) related to
human space flight, planetary science, earth science,
aeronautics, and science, technology, engineering, and
mathematics education, as the Board, the President, or
the Congress determines the need for such reports.
``(4) Quadrennial review.--The Board shall provide to the
President and the Congress, not later than the later of 180
days after the establishment of the Board or the third
quarterly meeting of the Board, and once every 4 years
thereafter, a quadrennial review of current space programs and
a vision for future space exploration.
``(5) Removal for cause.--The Board may provide to the
President and the Congress a report recommending the removal of
the Administrator, the Deputy Administrator, or the Chief
Financial Officer for cause. Any such report shall include the
reasons for such recommendation.
``(k) Budget Meetings.--Portions of Board meetings in which the
Board considers the budget proposal required under subsection (j)(1)
for a particular fiscal year may be closed to the public until the
Board submits the proposal to the President and the Congress.
``(l) Financial Disclosure.--Members of the Board shall be required
to file a financial disclosure report under title II of the Ethics in
Government Act of 1978 (5 U.S.C. App. 92 Stat. 1836), except that such
reports shall be held confidential and exempt from any law otherwise
requiring their public disclosure.''.
(b) Table of Sections.--The table of sections for chapter 201 of
title 51, United States Code, is amended by adding at the end of the
items for subchapter II the following new item:
``20118. Board of Directors.''.
SEC. 5. BUDGET PROPOSAL.
Section 30103 of title 51, United States Code, is amended by adding
at the end the following new subsection:
``(e) Board of Directors Proposal.--
``(1) Inclusion in president's proposed budget.--The
proposed budget for the Administration submitted to the
Congress by the President for each fiscal year shall include a
description of, and a detailed justification for, any
differences between the President's proposed budget and the
budget provided by the Board of Directors under section
20118(j)(1).
``(2) Elements of budget proposal.--Subsections (a) through
(d) of this section shall apply to the proposed budget provided
by the Board of Directors under section 20118(j)(1).''.
SEC. 6. LONG TERM CONTRACTING.
(a) Amendments.--Section 20142 of title 51, United States Code, is
amended--
(1) in the section heading, by striking ``Contracts
regarding expendable launch vehicles'' and inserting ``Long
term contracting'';
(2) in subsection (a), by--
(A) striking ``expendable launch vehicle services''
and inserting ``rocket propulsion systems and manned
and unmanned space transportation vehicles and
payloads, including expendable launch vehicles, and any
other infrastructure intended for placement or
operation in space or on celestial bodies, and services
related thereto,''; and
(B) striking ``related to launch'' and inserting
``related to''; and
(3) in subsection (b), by striking ``launch services'' and
inserting ``the goods and services to have been provided under
the contract''.
(b) Table of Sections Amendment.--The item relating to section
20142 in the table of sections for chapter 201 of title 51, United
States Code, is amended to read as follows:
``20142. Long term contracting.''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Science, Space, and Technology, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Science, Space, and Technology, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Space.
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