[Congressional Record Volume 150, Number 101 (Tuesday, July 20, 2004)]
[Senate]
[Pages S8487-S8489]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3566. Mr. HOLLINGS submitted an amendment intended to be proposed 
by him to the bill S. 2541, to reauthorize and restructure the National 
Aeronautics and Space Administration, and for other purposes; which was 
ordered to lie on the table; as follows:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``National Aeronautics and 
     Space Administration Authorization Act of 2004''.

     SEC. 2. FINDINGS.

       The Congress finds the following:
       (1) American space flight is imbued with the promise of 
     expanding the boundaries of human knowledge and human 
     adventure. It is a beacon of leadership and a proud 
     demonstration of human freedom, destiny, and progress.
       (2) The National Aeronautics and Space Administration is 
     uniquely qualified and positioned to develop space on behalf 
     of and for the American people, requiring its mission to be 
     broad and include many disciplines and interests that might 
     contribute to, or benefit from space flight.
       (3) Like our other American institutions, American space 
     flight is founded upon the principle that human fallibility 
     and frailty can be overcome through personal dedication and 
     institutional strength and determination. The National 
     Aeronautics and Space Administration must continue to listen 
     to the voices of change and restore its commitment to safety 
     and the protection of human life.
       (4) In a year of tragedy, renewal, and re-envisioning, it 
     behooves the United States to reflect deeply on both the 
     strengths and weaknesses of American space flight, to build 
     upon foundations, and to reformulate purposes while not 
     abandoning proven purposes and capabilities needlessly nor 
     carelessly.
       (5) Fiscal year 2005 should be a year of continued 
     reassessment and planning for the National Aeronautics and 
     Space Administration, laying the groundwork for implementing 
     a United States space program for the future that reflects 
     the role of space flight in the everyday affairs of the 
     American people and the future prestige and betterment of the 
     Nation while ascertaining the specific roles that many other 
     American institutions could and should play in that future.

     SEC. 3. PURPOSE.

       The purpose of this Act is to authorize programs of the 
     National Aeronautics and Space Administration for fiscal year 
     2005 and to better define the policy of the United States 
     regarding the future of U.S. space flight.

     SEC. 4. DECLARATION OF UNITED STATES SPACE POLICY.

       (a) Section 102 of the National Aeronautics and Space Act 
     of 1958 (42 U.S.C. 2451) is amended to read as follows:

     ``SEC. 102. CONGRESSIONAL DECLARATION OF POLICY AND PURPOSE.

       ``(a) In General.--The Congress hereby reaffirms that it is 
     the policy of the United States that activities in space 
     should be devoted to peaceful purposes for the benefit of all 
     mankind.
       ``(b) Purpose.--The United States shall conduct such 
     activities as are required to sponsor, guide, and secure the 
     development of space for the peaceful benefit of all mankind 
     through fostering the use of space for science, for the 
     preservation of the Earth, and for the advancement of peace 
     and worldwide economic well-being.
       ``(c) Activities.--The Congress also reaffirms that the 
     general welfare and security of the United States require 
     that adequate provision be made for aeronautical and space 
     activities, including--
       ``(1) the promotion and development of the use of space for 
     United States civil, economic, and national security 
     purposes;
       ``(2) ensuring the safety of civil, commercial, and 
     military space operations; and

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       ``(3) protection of the territorial and extraterritorial 
     claims and interests of the United States in space.
       ``(d) Role of NASA.--The role of the National Aeronautics 
     and Space Administration shall be to foster the development 
     of space flight and aeronautical capabilities on behalf of 
     the United States, including--
       ``(1) conducting a program of scientific discovery in and 
     from the vantage point of space;
       ``(2) demonstrating the merit and ability of humans to 
     explore and inhabit deep space; and
       ``(3) promoting the development of technologies and 
     capabilities to be used by the United States for the 
     preservation and development of the Earth.
       ``(e) Other Activities.--The United States shall establish 
     other capabilities related to using space for peaceful 
     purposes, including the promotion and development of 
     national, state, local, tribal, and international 
     capabilities in--
       ``(1) public safety, homeland security, and public health 
     management;
       ``(2) telecommunications, transportation, and urban and 
     regional development;
       ``(3) agriculture, wildlife, forestry, mineral, and energy 
     resource management; and
       ``(4) other uses benefiting the Earth and the Earth's 
     people, natural resources, and economies.
       ``(f) Commercial Use of Space.--It is the policy of the 
     United States to seek and encourage, to the maximum extent 
     possible, the fullest commercial use of space, including the 
     use of commercial capabilities to support United States civil 
     and national security purposes.''.

     SEC. 5. EXPLORATION PROGRAM.

       (a) In General.--In fiscal year 2005, the National 
     Aeronautics and Space Administration shall formulate plans, 
     develop requirements, and make recommendations for a multi-
     decadal program of human travel, habitation, and exploration 
     of other bodies and locations in Earth's solar system, 
     beginning with the start of demonstration of human 
     capabilities on Earth's Moon by 2020.
       (b) Plan for U.S. Human Space Exploration.--As part of the 
     budget request for FY 2006, the Administrator shall provide 
     an independent assessment of the status and plans for the 
     National Aeronautics and Space Administration's human 
     exploration program. The assessment shall include--
       (1) the schedule, technical milestones, and costs for 
     design and construction of human crewed transport systems 
     including a crew exploration vehicle and launch systems and 
     other ground, in-space, and surface capabilities necessary to 
     conduct extended missions on Earth's Moon by 2020;
       (2) the objectives of extended presence on Earth's Moon and 
     the proposed timetable for their accomplishment;
       (3) the contribution of human presence to meeting those 
     objectives; and
       (4) the program of basic and applied research and 
     development of advanced robotic and robotic-hybrid technology 
     that will be used to demonstrate human exploration 
     capabilities on Earth's Moon.
       (c) Management Plan.--As part of the budget request for 
     fiscal year 2006 and each succeeding fiscal year, the 
     Administrator shall submit a management plan and life cycle 
     cost estimate for its human exploration program to the 
     Congress. The Administrator shall include all the assessment 
     items described in subsection (b) as baseline requirements 
     and specifications. The Administrator shall include in the 
     initial plan submitted under this subsection a description of 
     the process for making the annual revisions of the plan.
       (d) Lunar Capabilities.--The National Aeronautics and Space 
     Administration is hereby authorized to begin studies, tests, 
     demonstrations, and design of a crew exploration vehicle and 
     launch system to be used for future human exploration to 
     Earth's Moon and other destinations, subject to formal 
     approval of the program at the time of development, and of 
     robotic systems necessary to survey and demonstrate other 
     robotic and robotic-assisted capabilities to explore the 
     Earth's Moon.
       (e) Continuity of U.S. Crew Transportation.--The Congress 
     hereby declares that a prolonged gap of 1 or more years in 
     the United States' capability to transport and return 
     American astronauts living in space is an emergency period of 
     space flight operations inconsistent with the safety and 
     management objectives of United States space flight. Whenever 
     such an emergency period is forseen, the Administrator shall 
     submit a plan to the Senate Committee on Commerce, Science, 
     and Transportation and the House of Representatives Committee 
     on Science and make a request for supplemental 
     appropriations, if so required, to remedy this situation in a 
     safe, justifiable, and timely manner.

     SEC. 6. HUBBLE SPACE TELESCOPE.

       (a) Sense of Congress.--It is the sense of the Congress 
     that the Hubble Space Telescope is--
       (1) the Hubble Space Telescope is a source of inspiration 
     to the American people and their support for the United 
     States space program; and
       (2) a tangible measure of the success of the United States 
     space program, as reflected by the extraordinary 
     contributions made to scientific research and education, 
     without parallel since the Apollo missions to Earth's Moon.
       (b) Servicing Mission.--The Administrator shall continue to 
     examine all possible options for carrying out alternative 
     servicing of the Hubble Space Telescope while continuing to 
     plan for a human-assisted servicing mission using the Space 
     Shuttle if alternative servicing cannot fully accomplish the 
     original objectives of the SM-4 mission.
       (c) Hubble Servicing Plan.--Within 60 days after the 
     National Academy of Sciences issues its study on the future 
     of the Hubble Space Telescope, the Administrator shall submit 
     a plan for servicing the Hubble to the Senate Committee on 
     Commerce, Science, and Transportation and the House of 
     Representatives Committee on Science. The plan should address 
     the risks, benefits, and costs of fully accomplishing the 
     original objectives of the SM-4 mission and shall propose 
     options for servicing of the facility.

     SEC. 7. REPORTS.

       (a) NASA Changes.--By May 1, 2005, or 30 days prior to the 
     return-to-flight of the Space Shuttle if earlier, the 
     Administrator shall report to the Congress summarizing and 
     independently reporting on the status and effectiveness of 
     National Aeronautics and Space Administration's compliance 
     with all observations and recommendations of the Columbia 
     Accident Investigation Board, including changes at the 
     National Aeronautics and Space Administration in resolving 
     concerns about the safety, operations, engineering, and 
     management cultures of the agency. This report shall also 
     address the adequacy of these changes in achieving safe 
     design, management, and operation of any future human space 
     flight systems, including international and commercial crew 
     and cargo transportation and habitation systems used to 
     support the International Space Station or to support United 
     States human space flight and operation at other 
     destinations.
       (b) United States Launch Technology.--As part of the budget 
     request for FY 2006, the Administrator, in concert with the 
     United States Department of Transportation and the United 
     States Department of Defense, shall produce a report on the 
     state of launch technology, systems, facilities, and programs 
     of the United States. This report shall provide--
       (1) an assessment of the state of United States 
     technologies and systems and steps necessary to achieve safe 
     human launch and in-space operations and reliable launch and 
     transport of physical cargo and systems;
       (2) a retrospective and prospective analysis of the cost of 
     United States space transportation, including human and cargo 
     transport, and steps by which these costs can be reduced by a 
     factor of 10 or more; and
       (3) a proposed program of government and private 
     investments needed to achieve safe, reliable, low cost space 
     flight by 2015 or earlier.
       (c) Continuity of U.S. Crew Transportation Capability.--
     Consistent with section 5(e) of this Act, the Administrator 
     shall submit a plan and request for supplemental 
     appropriations within 60 days after the date of enactment of 
     this Act that addresses how United States astronauts will be 
     transported to and from the International Space Station or 
     other locations in space using United States space systems 
     following the termination of flight of the Space Shuttle, 
     including the possibility of accelerating the availability of 
     the crew exploration vehicle by that time.
       (d) Prioritization of Science Programs.--As part of the 
     budget request for fiscal year 2006 and each subsequent year, 
     the Administrator shall submit to the Congress a 
     prioritization of scientific research projects with an 
     estimated life cycle cost greater than $250,000,000 along 
     with a justification of that prioritization. The 
     prioritization shall be based upon the scientific merit of 
     the missions, the potential scientific impact of the missions 
     products and results, the complexity of the mission, and the 
     real and anticipated readiness of the technologies to be used 
     in the mission. The prioritization shall be developed in 
     consultation with the NASA Advisory Council and the Space 
     Studies Board of the National Research Council.
       (e) Organization of United States Space Activities and 
     Programs.--By August 1, 2005, the Administrator shall report 
     to the Congress on future United States plans to carry out 
     the provisions of section 4 of this Act, including--
       (1) the organization of the United States governmental and 
     industrial partners necessary to ensure safe, reliable United 
     States space transportation;
       (2) the organization of the National Aeronautics and Space 
     Administration, its operating centers, and its relationship 
     to industry and other private partners; and
       (3) the role of international partners and firms in future 
     United States human space exploration.

     SEC. 8. ESTABLISHMENT OF NATIONAL OFFICES OF SAFETY AND 
                   TECHNICAL ENGINEERING.

       All public and private entities of the United States that 
     develop or operate space transportation or habitation systems 
     certified for human use shall make provision for the 
     separation of flight operations from development and shall 
     implement independent safety and technical organizations to 
     oversee the safe conduct of flight.

     SEC. 9. AEROSPACE WORKFORCE INITIATIVE.

       (a) In General.--The Administrator shall establish a 
     program of competitive, merit-based, multi-year grants for 
     eligible applicants to increase the number of students 
     studying toward and completing technical training programs, 
     certificate programs, and

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     associate's, bachelor's, master's, or doctorate degrees in 
     fields related to aerospace.
       (b) Increased Participation Goal.--In selecting projects 
     under this paragraph, the Administrator shall strive to 
     increase the number of students studying toward and 
     completing technical training and apprenticeship programs, 
     certificate programs, and associate's or bachelor's degrees 
     in fields related to aerospace who are individuals identified 
     in section 33 or 34 of the Science and Engineering Equal 
     Opportunities Act (42 U.S.C. 1885a or 1885b).
       (c) Supportable Projects.--The types of projects the 
     Administrator may support under this paragraph include those 
     that promote high quality--
       (1) interdisciplinary teaching;
       (2) undergraduate-conducted research;
       (3) mentor relationships for students;
       (4) graduate programs;
       (5) bridge programs that enable students at community 
     colleges to matriculate directly into baccalaureate aerospace 
     related programs;
       (6) internships, including mentoring programs, carried out 
     in partnership with the aerospace and aviation industry;
       (7) technical training and apprenticeships that prepare 
     students for careers in aerospace manufacturing or 
     operations; and
       (8) innovative uses of digital technologies, particularly 
     at institutions of higher education that serve high numbers 
     or percentages of economically disadvantaged students.
       (d) 50 Percent Federal Share.--Not less than 50 percent of 
     the publicly financed costs associated with eligible 
     activities shall come from non-Federal sources. Matching 
     contributions may not be derived, directly or indirectly, 
     from Federal funds. The Administrator shall endeavor to 
     minimize the Federal share, taking into account the 
     differences in fiscal capacity of eligible applicants.
       (e) Grantee Requirements.--
       (1) Targets.--In order to receive a grant under this 
     section, an eligible applicant shall establish targets to 
     increase the number of students studying toward and 
     completing technical training and apprenticeship programs, 
     certificate programs, and associate's or bachelor's degrees 
     in fields related to aerospace.
       (2) Grant period.--A grant under this section shall be 
     awarded for a period of 5 years, with the final 2 years of 
     funding contingent on the Director's determination that 
     satisfactory progress has been made by the grantee toward 
     meeting the targets established under paragraph (1).
       (3) Community college rule.--In the case of community 
     colleges, a student who transfers to a baccalaureate program, 
     or receives a certificate under an established certificate 
     program, in science, mathematics, engineering, or technology 
     shall be counted toward meeting a target established under 
     paragraph (1).
       (f) Definitions.--In this section--
       (1) Eligible applicant defined.--The term ``eligible 
     applicant'' means--
       (A) an institution of higher education;
       (B) a consortium of institutions of higher education; or
       (C) a partnership between--
       (i) an institution of higher education or a consortium of 
     such institutions; and
       (ii) a nonprofit organization, a State or local government, 
     or a private company, with demonstrated experience and 
     effectiveness in aerospace education.
       (2) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given 
     that term by subsection (a) of section 101 of the Higher 
     Education Act of 1965 (20 U.S.C. 1001(a)), and includes an 
     institution described in subsection (b) of that section.

     SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

       (a) Science Aeronautics and Exploration.--There are 
     authorized to be appropriated to the National Aeronautics and 
     Space Administration for fiscal year 2005 $7,995,700,000 for 
     science, aeronautics, and exploration, of which--
       (1) $4,138,300,000 shall be for Space Science;
       (2) $1,605,500,000 shall be for Earth Science;
       (3) $984,600,000 shall be for Biological and Physical 
     Research;
       (4) $1,036,900,000 shall be for Aeronautics; and
       (5) $230,400,000 shall be for Education, including 
     ($20,000,000 for EPSCoR and $28,000,000 for Space Grant).
       (b) Space Flight and Exploration.--There are authorized to 
     be appropriated to the National Aeronautics and Space 
     Administration for fiscal year 2005 $8,220,400,000 for space 
     flight and exploration capabilities, of which no less than 
     $4,319,200,000 shall be for the Space Shuttle and no less 
     than $30,000,000 shall be for the Independent Technical and 
     Engineering Authority, each of which shall be maintained as 
     separate accounts.
       (c) Inspector General.--There are authorized to be 
     appropriated to the National Aeronautics and Space 
     Administration for fiscal year 2005 $28,300,000, which shall 
     be for the use of the Inspector General.

     SEC. 11. RESTRICTION ON TRANSFER OF FUNDING.

       In fiscal year 2005, no funds other than those appropriated 
     for Biological and Physical Research may be transferred from 
     the account for Science, Aeronautics, and Exploration to the 
     account for Space Flight and Exploration Capabilities without 
     the approval of the Chairman and Ranking Member of the Senate 
     Committee on Commerce, Science, and Transportation Committee 
     and the House of Representatives Committee on Science.

     SEC. 12. ADMINISTRATOR DEFINED.

       In this Act, the term ``Administrator'' means the 
     Administrator of the National Aeronautics and Space 
     Administration.

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