[Congressional Record Volume 151, Number 101 (Friday, July 22, 2005)]
[House]
[Pages H6335-H6368]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION AUTHORIZATION ACT OF 2005
The SPEAKER pro tempore. Pursuant to House Resolution 370 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the State of the Union for the consideration of the bill, H.R. 3070.
{time} 0939
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the State of the Union for the consideration of the bill
(H.R. 3070) to reauthorize the human space flight, aeronautics, and
science programs of the National Aeronautics and Space Administration,
and for other purposes.
The Chair designates the gentleman from Nebraska (Mr. Terry) as
chairman of the Committee of the Whole, and requests the gentleman from
Oregon (Mr. Walden) to assume the chair temporarily.
The Clerk read the title of the bill.
The Acting CHAIRMAN. Pursuant to the rule, the bill is considered as
having been read the first time.
Under the rule, the gentleman from New York (Mr. Boehlert) and the
gentleman from Tennessee (Mr. Gordon) each will control 30 minutes.
The Chair recognizes the gentleman from New York (Mr. Boehlert).
Mr. BOEHLERT. Mr. Speaker, I yield myself such time as I may consume.
(Mr. BOEHLERT asked and was given permission to revise and extend his
remarks.)
Mr. BOEHLERT. Mr. Speaker, I rise in strong support of H.R. 3070. Let
me begin by thanking the gentleman from California (Mr. Calvert) for
the magnificent work he has performed as chairman of our Subcommittee
on Space and Aeronautics and the lead author of this bill. Without the
gentleman's steadfast determination, his insight and openness to
compromise, we would not be here today.
I also want to thank my ranking member, the gentleman from Tennessee
(Mr. Gordon), and our subcommittee ranking, the gentleman from Colorado
(Mr. Udall) for their leadership and willingness to compromise, and I
want to thank all the members of the committee on both sides of the
aisle who have contributed to this bill. It is truly a team effort and
it shows what Congress can accomplish if we work together in an open-
minded and cooperative manner.
Now, I have opened my statement by focusing on compromise but I do
not want anyone to think that this bill represents some kind of random
hodgepodge of competing views. H.R. 3070 is built on firm central
principles that will give clear direction to NASA.
What are those principles? First, Congress endorses the President's
Vision for Space Exploration. The United States will work to return to
the Moon by 2020 and then will move on to other destinations. We will
build a new Crew Exploration Vehicle that, among other tasks, will
service the International Space Station. And the bill allows the Space
Shuttle to be retired no later
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than 2010, which we must do if the space program is to continue to make
progress.
Obviously, we hope and pray for the safe return to flight of the
Space Shuttle now scheduled for next Tuesday. The Space Shuttle is a
magnificent machine and our current space program is dependent on it,
but it is not our future in space.
The second principle on which this bill is founded, and it is every
bit as essential as the first principle, is that NASA is a multi-
mission agency with vital responsibilities in space science, earth
science, and aeronautics. Those programs are NASA's most successful
efforts. They bring enormous economic and intellectual benefits and
they create every bit as much excitement among students and the general
public as do the human space flight programs.
This bill recognize the centrality of those programs and authorizes
them at a greater level than the administration has proposed. The bill
specifically endorses the Hubble space telescope repair mission,
assuming, and this is important, assuming the NASA Administrator
determines that the mission would not impose any unreasonable risk. And
the bill treats these programs as priorities to be evaluated on their
own merits, not in terms of the human space flight program.
The third principle behind this bill is an understanding that NASA is
in a period of transition and that Congress needs much more information
before we can make detailed decisions on the future of the agency's
programs. For that reason the bill asks NASA to develop a vision for
aeronautics, a prioritized list of science missions and a plan for its
workforce and facilities. We require more joint planning with the
National Oceanic and Atmospheric Administration and the Department of
Energy.
We explicitly list the numerous basic reports that Administrator
Griffin has promised to provide by September, including, most
significantly, reports on the number of remaining shuttle flights and
their mission, the final configuration of the space station, the cost
of the Crew Exploration Vehicle, the plan for what we will do on the
Moon, and the plan for Project Prometheus, and that is not even the
full list. We have a lot of oversight work ahead of us.
The fourth principle of the bill is that NASA has to try new ways of
doing business if it is to remain innovative. This is a point that the
former chairman, the gentleman from California (Mr. Rohrabacher) always
hammered home and it is an emphasis of the gentleman from California
(Chairman Calvert) as well.
NASA has to be open to entrepreneurs. NASA needs to see how much it
can gain from an expanded prize program which is authorized in this
bill.
{time} 0945
NASA needs to work with international partners on the Vision for
Space Exploration.
So this is a bill built on solid principles that will give NASA a
solid foundation from which to launch its many missions. We can all be
proud of our space program, which has been a symbol of and contributor
to the Nation's technological prowess. This bipartisan bill will ensure
that that remains the case, and I urge my colleagues to support it.
Mr. Chairman, I submit for the Record the Congressional Budget Office
cost estimate on H.R. 3070.
July 20, 2005.
Hon. Sherwood L. Boehlert,
Chairman, Committee on Science, U.S. House of
Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3070, the
National Aeronautics and Space Administration Authorization
Act of 2005.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mike
Waters.
Sincerely,
Douglas Holtz-Eakin.
Enclosure.
Congressional Budget Office Cost Estimate
H.R. 3070--National Aeronautics and Space Administration Authorization
Act of 2005--As reported by the House Committee on Science on July 18,
2005
Summary: H.R. 3070 would authorize appropriations for
National Aeronautics and Space Administration (NASA)
activities for fiscal years 2006 and 2007. Assuming
appropriation of the authorized amounts, CBO estimates that
implementing H.R. 3070 would cost $33 billion over the 2006-
2010 period. The legislation would extend NASA's authority to
indemnify or insure developers of experimental aerospace
vehicles from damage claims by third parties. That provision
could increase direct spending, but CBO estimates any such
costs would be insignificant over the 2006-2015 period.
H.R. 3070 contains no intergovernmental or private-sector
mandates as defined by the Unfunded Mandates Reform Act
(UMRA) and would impose no costs on state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 3070 is shown in the following
table. The costs of this legislation fall within budget
functions 250 (general science, space, and technology) and
400 (transportation).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars
-----------------------------------------------------------
2005 2006 2007 2008 2009 2010
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
NASA Spending Under Current Law:
Budget Authority a.............................. 16,196 0 0 0 0 0
Estimated Outlays............................... 14,783 5,948 770 282 77 0
Proposed Changes:
Authorization Level............................. 0 16,471 16,962 0 0 0
Estimated Outlays............................... 0 10,107 15,649 6,168 912 286
NASA Spending Under H.R. 3070:
Authorization Level a........................... 16,196 16,471 16,962 0 0 0
Estimated Outlays............................... 14,783 16,055 16,419 6,450 989 286
----------------------------------------------------------------------------------------------------------------
a The 2005 level is the amount appropriated for NASA for that year.
Basis of estimate: For this estimate, CBO assumes that the
amounts authorized by the bill will be appropriated near the
start of each fiscal year and that outlays will follow the
historical spending patterns for NASA activities.
Spending subject to appropriation
H.R. 3070 would authorize the appropriation of $16.5
billion in 2006 and almost $17 billion in 2007 for NASA
activities, including science, aeronautics and education,
exploration systems, space operations, and funding for NASA's
Inspector General.
Direct spending
H.R. 3070 also would extend through 2015 NASA's authority
to indemnify or insure developers of experimental aerospace
vehicles operated by civilian developers from damage claims
by third parties. The Administrator would be able to
indemnify or insure a single event for up to $1.5 billion (in
1989 dollars) beyond the developer's private insurance
coverage, regardless of whether amounts are available from
appropriations to pay such claims.
Extending NASA's authority to indemnify developers of
experimental aerospace vehicles could result in direct
spending, but we estimate that any such spending would not be
significant. Assuming that the risk of claims would be
similar to that of existing launch vehicles and that private
insurance and appropriated funds would be tapped first to pay
any claims, CBO expects that the likelihood of direct
spending for indemnification payments would be small. If NASA
were obligated to pay claims in excess of the amounts
available from private insurance and appropriations, CBO
assumes that any additional payments would be made from the
Claims and Judgments Fund, which would increase direct
spending.
Intergovernmental and private-sector impact: H.R. 3070
contains no intergovernmental or private-sector mandates as
defined by UMRA and would impose no costs on state, local, or
tribal governments.
Estimate prepared by: Federal Costs: Mike Waters. Impact on
State, Local, and Tribal Governments: Lisa Ramirez-Branum.
Impact on the Private Sector: Craig Cammarata.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Mr. Chairman, I reserve the balance of my time.
Mr. GORDON. Mr. Chairman, I yield myself such time as I may consume,
and I want to speak in support of H.R. 3070, the NASA Authorization Act
of 2005. This bill, as reported out of the Committee on Science, is a
good bill and one that I am pleased to support. It is the result of
constructive negotiations between the majority and the minority that
led to a bill that provides
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important funding and policy guidelines to the National Aeronautics and
Space Administration.
Mr. Chairman, during the hearings the Committee on Science held
earlier this year on NASA and its human exploration initiative, I laid
out a series of principles I believed needed to be included in this
year's NASA authorization bill. Those principles include the following:
First, NASA should continue to be a multimission agency with robust
R&D activities in science, aeronautics, and human space flights.
Second, I support human exploration beyond the low Earth orbit as an
appropriate long-term goal for the space flight program. However, I
believe there needs to be appropriate guidelines and flexible firewalls
to ensure that it is properly paid for and not funded at the expense of
other important NASA programs.
Third, there needs to be clear priorities within NASA's exploration
program as well as within the agency's other core missions.
Fourth, the United States should honor its international obligations
to the International Space Station program.
Fifth, there needs to be funding and policy direction to ensure that
the International Space Station realizes its potential for fundamental
and applied scientific and commercial research and is not just a
platform for exploration initiative. The American taxpayer has invested
too much money in the ISS for NASA to walk away from its long-standing
commitment to research that can help benefit our citizens back here on
Earth.
Finally, I believe that programmatic goals should be flexible, not
rigid, guidelines. The flexibility is needed to allow for the changing
situations at NASA, whether they be technical, operational, or
budgetary in nature.
Mr. Chairman, it was my belief that the initial version of H.R. 3070
did not properly address those essential principles and, as a result of
our concerns, Democrat members of the Subcommittee on Space and
Aeronautics withheld their support for the bill when it was marked up
at the subcommittee level.
Following the markup, Democrats worked to develop an alternative NASA
authorization bill that would address our concerns and be credible,
practical, and conferenceable. That alternative bill was introduced as
H.R. 3250, with cosponsorship of all the Democratic members of the
Committee on Science.
As a result, we were able to have a productive dialogue with the
Committee on Science majority, which led to many of the provisions in
H.R. 3250 being incorporated into the bill before us today. I am
pleased at the outcome because I think it did result in a better bill,
one that can provide useful congressional guidance to NASA for the
coming 2 years.
Mr. Chairman, before I close, I would like to say a word about the
manager's amendment that will be considered later today. I would like
to focus on one particular provision, namely, the increase in the
overall authorization level for NASA to allow the human exploration
program to be fully funded.
That provision would result in a total of $1.26 billion being added
to NASA's 2-year authorization, with all of it being allocated to the
exploration initiative. It should be noted that this provision was
specifically sought by the White House and that the White House
indicated that failure to include it would result in an unfavorable
statement of administrative policy.
I have decided to support the inclusion of the extra funding for two
basic reasons: first, money is being added for the exploration in a way
that is consistent with the principles I outlined earlier, that is,
funds sought by the administration to increase the exploration account
are coming from an augmentation to NASA's overall bottom line rather
than from the cannibalizing of other important NASA activities in
aeronautics and science.
Second, the White House action in seeking the additional funding for
NASA provides compelling confirmation of a point I have been making all
year, namely, it is not possible to provide the levels of funding
needed to maintain healthy aeronautics and science programs at NASA and
fully fund the Human Exploration Initiative under the budget plan put
forth by the White House. The amendments sought by the White House make
that point clear.
I want the exploration initiative to succeed. It is a worthwhile
endeavor. But it is clear if additional resources are not forthcoming,
NASA will have to adjust the scope of its exploration activities and
its timetables to fit within the available funds. That is going to be
challenging to accomplish, but I believe it is going to be necessary.
Finally, Mr. Chairman, I would like to take this opportunity to thank
the gentleman from New York (Mr. Boehlert), the chairman of the
committee; chairman of the subcommittee, the gentleman from California
(Mr. Calvert); the subcommittee's ranking member, the gentleman from
Colorado (Mr. Udall), for all their efforts in putting this bill
together.
I would also like to give a special thanks to my staff, with Dick
Obermann and Chuck Atkins, who spent late nights and many hours helping
us work together, and the majority staff, who spent those same hours
working together trying to get a good bill here, and they were
successful. Mission accomplished.
Despite a somewhat rocky start, I believe the final product is a
testament to their unwavering commitment to a strong and productive
civil space program. I look forward to working with them to get this
legislation enacted into law.
Mr. Chairman, I reserve the balance of my time.
Mr. BOEHLERT. Mr. Chairman, I yield myself such time as I may
consume, before actually yielding to this next speaker, because I feel
it is most important for Members to note that the gentleman from
California (Mr. Calvert) took over the subcommittee and totally
immersed himself in the work of it. He is traveling around to all the
NASA centers; he is interacting with the employees. And not just the
top guys, but all the way down the line. This guy is proving by
performance that he is outstanding in his leadership, and for that I
thank him very much.
Mr. Chairman, I am pleased to yield 5 minutes to the gentleman from
California (Mr. Calvert), the distinguished chairman of the
subcommittee.
Mr. CALVERT. Mr. Chairman, I thank the gentleman for yielding me this
time.
The NASA Authorization Act of 2005 is the culmination of a lot of
hard work on both sides of the aisle. We have developed a real
bipartisan compromise. This is the first NASA authorization bill to
come to the House in 5 years, and I want to commend Chairman Boehlert
and the ranking members, the gentleman from Tennessee (Mr. Gordon) and
the gentleman from Colorado (Mr. Udall), for their cooperation in
carefully crafting this bipartisan bill. But I most especially thank
Chairman Boehlert for his unwavering support to get this bill out and
to have it here today.
Mr. Chairman, we carefully crafted this bill. It took a lot of
meetings on the principles and long hard hours of staff work on both
sides to come up with this balanced agreement. This is the first
authorization bill to endorse the President's Vision for Space
Exploration that was announced on January 14, 2004. This vision
includes the shuttle's return to flight, the completion of the
International Space Station, the development of a new Crew Exploration
Vehicle, the CEV, which will allow us to return to the Moon by 2020 and
then on to Mars and beyond.
Our civil space program excites the world. In a Gallop poll released
last week, more than three-fourths of the American people support a new
plan for space exploration. The Committee on Science strongly supports
NASA's new administrator, Dr. Michael Griffin, and wants to provide him
the flexibility to transform the agency in this second Space Age. Our
bill provides the rules and tools that will enable the agency to
maintain its multimission agenda with a balanced approach for human and
robotic space flight, science, and aeronautics.
The Committee on Science has not addressed the Iran nonproliferation
issue in our bill today, but we will continue to work with the House
Committee on International Relations to resolve this matter. We are
committed to resolving this issue before our bill is signed into law.
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Once we pass the manager's amendment, our bill will fully fund
exploration, the Space Shuttle, the International Space Station, and
will increase funding for priorities such as aeronautics and the Hubble
Space Telescope Servicing Mission. We have asked for a number of
strategic plans in the areas of aeronautics, science, human capital,
and in facilities in order to better guide NASA in the future.
The bill also addresses the need for NASA to make better use of
commercial products, including software, as well as to work with the
entrepreneurs in accomplishing NASA's goals. In addition, the bill
authorizes a prize program for NASA to stimulate innovation and basic
research and technology, modeled on the X-Prize that was recently won
by Burt Rutan and his SpaceShipOne team. We have also included a cost-
containment regime that has been crafted for NASA in its major
development programs.
By remaining silent on the shuttle program's length of operation, the
bill provides the administrator the flexibility to move forward with
his plans to retire the shuttle in 2010. Ending the shuttle program at
this time will free up funding to accelerate the development of the CEV
and will close the gap between the shuttle and the CEV. Hopefully, this
flexibility will allow us to eliminate the gap entirely.
We have asked the Office of Science and Technology Policy to look at
the R&D programs across the Federal Government and to document all
programs that may be redundant in multiple agencies and also those that
may have fallen through the cracks. In addition, we have asked NASA to
consider various business models as it looks at the agency's
restructuring. In total, the information will enable Congress to craft
legislation which parallels the exciting changes and challenges that
NASA will be facing in the coming years.
Mr. Chairman, we do not consider this legislation in a vacuum. Other
nations are actively pursuing human space flight and exploration. China
alone graduates almost as many engineers in a month as we do in a year.
India graduates five times as many engineers per year as we do in the
United States. NASA, with its excellent reputation in exploration,
science and aeronautics, is the one agency which can focus and inspire
America's youth to take up the challenging work of math and science
careers.
Again, I want to thank our committee leadership, Chairman Boehlert,
Ranking Member Gordon, subcommittee Ranking Member Udall, and the hard-
working staff for their efforts in putting this bill together. This
bill is an important milestone for our committee, NASA, and America.
Mr. GORDON. Mr. Chairman, I yield such time as he may consume to the
gentleman from Colorado (Mr. Udall), the ranking member of the
Subcommittee on Space and Aeronautics; and I thank him not only for his
work on the bill in general but specifically in the aeronautics area,
where he was a real leader.
Mr. UDALL of Colorado. Mr. Chairman, I want to thank the ranking
member of the full committee, the gentleman from Tennessee (Mr.
Gordon), for yielding me this time and also for his kind words.
I also want to acknowledge my good friend, the gentleman from New
York (Mr. Boehlert), the chairman, and the chairman of the
subcommittee, the gentleman from California (Mr. Calvert), for the work
we have all done together for this important legislation.
Mr. Chairman, I believe the legislation strikes a productive and
essential balance between NASA's core missions and provides important
policy direction as the agency embarks on the Mars-Moon initiative.
Though I hate to use a cliche, I believe NASA is at a crossroads with
its many missions: the Space Shuttle will hopefully be returning to
flight next week, after being grounded for nearly 2\1/2\ years; a
Hubble Servicing Mission is being considered and prepared for; and NASA
is looking to accelerate the development of the Crew Exploration
Vehicle; and research universities are anxiously awaiting news about
the future of many of their projects with NASA.
As NASA moves forward with these initiatives, it is the opportune
time for Congress to weigh in and provide NASA with long-term policy
direction. The bill takes important steps to ensure that NASA continues
its important investment in each of its core missions: science,
aeronautics, and human space flight, including human exploration.
For example, it sets up a budgetary structure that separates NASA's
human space flight and exploration accounts from its science,
aeronautics, and education accounts.
{time} 1000
In addition to establishing flexible firewalls between NASA accounts,
it provides guidance on how to deal with subsequent cuts to the overall
budget. Namely, any cuts to the NASA budget would reduce the
authorizations for each of its accounts proportionally, ensuring one
account does not make the bulk of the cut.
These provisions provide sound government policy to ensure that the
intentions of Congress are followed and that NASA maintains a balance
within its missions.
The bill contains a number of provisions that seek to establish
better oversight of NASA. One I would specifically like to mention
requires NASA to provide a transition plan to Congress and identify
funds to support any transfer of programs from NASA to NOAA. This
should not be considered a congressional endorsement of the transfer of
Earth science missions or Earth observing systems from NASA to NOAA.
Instead, it intends to ensure that all transfers are done openly.
H.R. 3070 also takes commonsense steps to review the extension of
missions which have already met their original goals. With minimal
investment, many missions, such as Voyager, can continue to provide
useful data even though they have exceeded their original operational
timelines.
The bill requires NASA to review each of the missions and assess the
costs and benefits to continue these programs, thus allowing a maximum
benefit from all of our investments. I would like to turn to four areas
of particular importance to me in the bill: Aeronautics, education,
remote sensing and the wonderful Hubble telescope.
I am pleased to see the inclusion of positive policy and funding
guidance to NASA on revitalizing the aeronautics program at NASA.
Historically, aeronautics has provided America with jobs, economic
security, a positive input to our balance of trade, and technological
advances for both commercial aviation and defense. However, recently
those aeronautics investments have been declining with projections of
continuing decline in the NASA budget. This all comes at a time when
the European Union has announced a goal to become a leader in
aeronautics by 2020 and is increasing R&D funding in aeronautics to
$2.5 billion. If we are to remain competitive, we must revitalize our
R&D programs to match what the European Union and other nations in the
world are doing.
The aeronautics piece also names three breakthrough R&D initiatives
in subsonic, supersonic and rotorcraft, as well as rejects the proposed
decline in the aeronautics budget by authorizing increased R&D funding
for 2006 and 2007. Overall the bill ensures that we continue to be a
global leader in aeronautics.
As this body knows, and as the gentleman from California (Mr.
Calvert) just shared with us, the United States is not graduating
students in science, technology, engineering and math in the numbers
required to sustain our current workforce. As we prepare for the return
of flight with the Shuttle, young boys and girls are looking up to the
astronaut corps and thinking one day they would like to become
astronauts.
The bill provides specific emphasis on the education programs within
NASA that excite and inspire our youth to continue to study in these
fields. NASA's missions have the power to attract the American public,
both young and old, and I believe we need to ensure that we utilize
this excitement and encourage students to follow their childhood dreams
of working with NASA.
I am pleased that the bill recognizes the importance of ensuring that
our minority and economically disadvantaged young people have access to
NASA's educational activities.
Turning to another topic, many of the American public only see NASA
looking outward into space. However,
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the agency's Earth science program provides valuable information about
our own planet. NASA collects data about the Earth that has practical
applications for States, tribal agencies, cities, and municipalities by
providing geospatial data from satellites.
I am particularly interested because in my home State of Colorado, we
have two of the leading companies involved in this important work, and
many cities and counties in Colorado are working to address growth and
sprawl. A bill that I have introduced which has been incorporated into
this bill works to increase access to that data from both commercial
and public sources.
Lastly, I am gratified that the bill calls for a human servicing
mission to be scheduled once the Shuttle has returned to flight with
appropriate safety precautions and provides authorization funding for
the mission to service the Hubble telescope.
Hubble has truly become the people's telescope. Its data is
accessible to scientists and nonscientists alike, and has allowed
amateur astronomers of all ages to study our universe. I am pleased
that NASA has already taken these steps towards a human servicing
mission, and this bill affirms the congressional commitment to
extending the life of Hubble.
In closing, I again want to acknowledge the great leadership of the
gentleman from New York (Mr. Boehlert), the ranking member, the
gentleman from Tennessee (Mr. Gordon), and the subcommittee chairman,
the gentleman from California (Mr. Calvert), for their work on the
bill. This legislation has truly been the result of productive and
positive dialogue and negotiations on both sides of the aisle. The
staff has done a marvelous job in bringing us together as well. I
believe this is the right policy for NASA, and I urge Members to
support its passage.
Mr. BOEHLERT. Mr. Chairman, I yield myself such time as I may
consume.
I want to thank the gentleman from Colorado (Mr. Udall) for his
remarks and the gentleman from Tennessee (Mr. Gordon) for his remarks.
A lot of people will look at this bill and wonder how we got here
today, with seemingly widespread support, and I think that will be
proven when the vote actually occurs, because we started out with clear
differences. We are not talking about petty cash, we are talking about
$30-plus billion over the next 2 years, but we got to this point
because we reasoned together.
The professional staffs, and I emphasize the word, and Members worked
in a bipartisan manner to fashion compromise, and this is the product
that we have here today.
Mr. GORDON. Mr. Chairman, will the gentleman yield?
Mr. BOEHLERT. I yield to the gentleman from Tennessee.
Mr. GORDON. Mr. Chairman, I would like to engage in a colloquy with
the gentleman from New York (Mr. Boehlert) concerning the issue of
intellectual property rights with regard to prizes.
The bill is silent on this issue, and I would like to have a better
outcome. This is an issue that needs to be resolved. Is it the
chairman's intention to work toward a compromise as we go forward to
conference?
Mr. BOEHLERT. Mr. Chairman, this is an important outstanding issue
that does need to be resolved, and it is my intention to address it in
the final version of the bill.
As Members know, H.R. 3070 as originally introduced mandates that
prize contestants keep their intellectual property, although NASA may
negotiate a license. The gentleman's substitute would require that
prize contestants choose one of two alternatives: Either agree to give
NASA a royalty-free license in order to accept the prize or waive the
prize in exchange for the right to negotiate a royalty agreement with
NASA.
We have offered meritorious but quite different approaches, and we
will have to figure out how to handle it in the final bill. I look
forward to working with the gentleman on that.
Mr. GORDON. Mr. Chairman, I appreciate the gentleman's willingness to
work on this issue. We have been able to accommodate other issues, and
I am sure we will this one. Just as steel is made by combining iron and
other elements, by combining our two bills, we have a stronger bill,
and I am sure we will work this out.
Mr. BOEHLERT. Mr. Chairman, I yield 2 minutes to the gentleman from
Texas (Mr. Hall), a valued member of the committee. All members on the
committee are valued, but this guy is valued for so many reasons. One
is because he brings intellectual curiosity to the committee and he
also brings it with a sense of wit that has us smiling even at some of
the most tense times.
(Mr. HALL asked and was given permission to revise and extend his
remarks.)
Mr. HALL. Mr. Chairman, I thank the gentleman for his kind words, and
for the hard work he and the group have put in.
Mr. Chairman, as we wait to launch Discovery on another vital mission
to the International Space Station, Congress is moving forward with
legislation that celebrates and supports the Space Shuttle fleet, as
well as putting our country on a new vision for space exploration.
When President Bush announced the new vision for space in January
2004, I was really excited to see that NASA had a new direction and a
new focus for the future. Our ventures into space not only keep our
country at the forefront of exploration and innovation, but they are
also vital to our economy and very vital to our national security.
This new vision sets America on a course toward the Moon and toward
Mars, and we should embrace this dream and work to make it a reality.
Today's bill before the House reauthorizes NASA and outlines the
broad goals of the vision. While it embraces the exploration agenda of
the space agency, it also bolsters other NASA programs in science and
aeronautics that keeps America competitive globally.
I am grateful for a well-balanced bill, and I commend the gentleman
from New York (Chairman Boehlert) and the gentleman from California
(Chairman Calvert), and the ranking members, the gentleman from
Tennessee (Mr. Gordon) and the gentleman from Colorado (Mr. Udall), and
the staff, for crafting such a fine bill.
I am particularly pleased that the bill includes a provision that I
worked with that directs Administrator Griffin, our fine new leader, to
develop a Crew Exploration Vehicle with a robust crew escape system. As
we implement this new space vision, I am going to continue to work and
I know our leaders are going to continue to work to ensure that NASA
fulfills this priority and minimizes the risk for our brave men and
women who fly our space missions.
Our hopes and dreams ride with them, and we must do all we can, and
we want to do all we can, and we are going to do all we can at whatever
cost is necessary to ensure their safety.
The money that we put into NASA grows exponentially when we consider
the scientific and technological spin-offs that space exploration
provides. Experiments conducted on the Space Shuttle and International
Space Station expand health research and move us toward cures for some
of our most threatening diseases. Microgravity experiments in the 1990s
led to advances in antibiotics to fight infections. These experiments
also unlocked secrets to protein growth that produced medicines to
treat patients who have suffered from strokes and to prepare them for
open-heart surgery. Americans suffering from osteoporosis also benefit
from bone-density experiments conducted on the International Space
Station in microgravity environments. These tests accelerated the
clinical trials of a drug that is expected to be on the market soon.
From the development of MRI technology to microchips, the scientific
partnerships between NASA and American universities and companies
ensure our Nation's viability, increase our Nation's competitiveness,
and help drive our economy.
I urge Members to pass this bill with the space shuttle and
International Space Station. I thank everybody involved.
Mr. GORDON. Mr. Chairman, I yield 3 minutes to the gentleman from
California (Mr. Honda), a very active member of the committee.
Mr. HONDA. Mr. Chairman, I would like to share my thanks to the
gentleman from New York (Mr. Boehlert) and the gentleman from
California (Mr. Calvert) and the ranking members, the gentleman from
Tennessee (Mr. Gordon) and the gentleman from Colorado (Mr. Udall), and
their staff for all of the work they have done in producing a bill that
we all can support.
[[Page H6340]]
I think Members sometimes wish they could say that they sit on a
committee that is working well and being productive, and I am one such
Member that can say that. Our chairman, the chairman of the
subcommittee, and our ranking members have put together a very, very
good bill that all of us can be very proud of. It focuses not only on
NASA, but also on the productivity of this country.
I was concerned, however, along with many other members of the
committee, that a singular focus on manned space exploration was going
to drain resources from other parts of NASA's mission. Outstanding
scientific work, such as that being done at NASA's Ames Research
Center, in fields such as astrobiology, the life sciences, and
nanotechnology, was losing out in a battle for resources with short-
term acquisitions for exploration systems. In addition, air traffic
management and other important aviation and aeronautic programs were
being given the short shrift.
I am pleased that the bill enables us to move forward in exploration,
science and aviation which are critical not only to manned space
exploration but also to other NASA priorities. I hope that this balance
will ensure that existing scientific and technical collaborations such
as the University Affiliated Research Center collaboration between Ames
and the University of California at Santa Cruz and Carnegie Mellon
University's West Coast campus at Ames will continue as envisioned.
The bill also brings some rationality to the agency's workforce
strategy. The process had appeared to be driven by a desire to shed
civil servants solely to reduce the number of employees without much
thought about the competencies that would be lost. The workforce
strategy required by the bill will ensure the workforce has the
appropriate skills to get the job done, and the bill allows the NASA
Federal employees unions to participate in the process.
I am grateful that the chairman accepted into the manager's amendment
my amendment which extended the bill's moratorium on reduction in force
or involuntary separations to make it consistent with Acting
Administrator Gregory's testimony to our committee.
I will end by noting that I am pleased that the bill seeks to honor
our existing international partnerships on the International Space
Station. I am particularly supportive of continuing our partnership in
biological research on the International Space Station. I am glad the
bill contains language supporting life science work on the space
station.
To accomplish this work, the space station will need the centrifuge
module, and I am glad the manager's amendment notes that nothing in
this bill prevents the centrifuge from flying.
I thank the chairmen, the ranking members and all of the staff.
Mr. BOEHLERT. Mr. Chairman, I yield 3 minutes to the gentleman from
California (Mr. Rohrabacher), the former chairman of the subcommittee
who helped immeasurably to get us where we are today.
Mr. ROHRABACHER. Mr. Chairman, I rise in support of this legislation,
this authorization bill. I want to congratulate the gentleman from New
York (Chairman Boehlert) and the ranking member, the gentleman from
Tennessee (Mr. Gordon), for a job well done. I especially want to
congratulate the gentleman from California (Mr. Calvert), who has taken
over the position of chairman of the subcommittee, and the ranking
member, the gentleman from Colorado (Mr. Udall). Good job. It is a good
job for America, good job for NASA and a good job for the future.
In its short history, I believe NASA has done more than any other
governmental agency to inspire generations of America's youth to pursue
careers in science and engineering and thus propel the United States
and the world into an era of technology that has elevated the human
condition to what, only a few decades ago, was beyond imagination.
{time} 1015
Now at a time of intense global competition, NASA plays a vital role
for our country both in inspiration and in technology development.
America's success in the future depends on it.
In just a few short months, NASA administrator Michael Griffin has
shown tremendous leadership in transforming an agency from a
maintenance-oriented mindset to a mission-oriented mindset. Dr. Griffin
is fully behind the President's Vision for Space Exploration, and I am
confident that he is the right man at the helm to guide NASA to achieve
the vision and to achieve goals that will uplift all of humankind and
especially our own country.
Although these are exciting times for NASA, these are also
challenging times. Hard decisions will have to be made as the
administrator and all of us have to prioritize spending. The pressure
of a constrained budget, expensive legacy missions, and future program
developments of the Crew Exploration Vehicle and other exploration
initiatives will require creative and bold spending cuts as well as an
expansive partnership with the private sector. The administrator will
need our support for making those tough decisions. NASA's success,
America's success depends upon it.
NASA cannot be an agency that does everything for everyone, or it
will not be able to accomplish anything for anybody. It needs to have a
clear focus and vision, and it needs to execute that vision as well.
Let us stand proudly behind NASA and its new administrator. Let us make
sure that America leads the world into this new frontier and elevates
all of humankind, as was our mission that was set in place by our
Founding Fathers over 225 years.
I again congratulate those who have reached a bipartisan consensus in
this bill today, and I am very proud that over my 18 years in Congress
the Committee on Science has always demonstrated bipartisanship in this
committee.
Mr. GORDON. Mr. Chairman, I yield 3 minutes to the gentleman from
Rhode Island (Mr. Kennedy).
Mr. KENNEDY of Rhode Island. Mr. Chairman, I want to thank the
gentleman from Tennessee (Mr. Gordon), ranking member, and also the
gentleman from New York (Chairman Boehlert) for their leadership in
this matter.
I am excited once again to see our Nation inspired by space travel
with the imminent launch of Discovery and the recent success of the
Deep Impact mission. That was an extraordinary success.
Creating new and far-reaching goals, such as the Moon landing and the
International Space Station, and subsequent conquering of these goals,
is one of the great legacies of NASA.
However, I remain concerned that the narrow focus on the Mars mission
that has been proposed by the President may limit other critical
science initiatives that have played an integral role in the evolution
of NASA. I think that a lot has been done in this bill to give the NASA
administrator the flexibility to be able to accommodate the various
changes that will be necessary as time moves on. But we all know the
lesson that has been taught us in NASA's history so far, and that is
that we have to have continuity if we are going to have success.
Every administration cannot come up and say, I want my new
initiative, and then the next President comes in and says, I want my
new initiative. And, in fact, there is no way that it is going to be
successful unless we have a kind of well-thought-through decision where
the country comes to a decision that this is going to be the goal.
And one of the things that I was concerned with is that the President
seemed to put this new direction out like it was a press release and
did not, in my view, seem to bring in all of the different points of
view as to what were going to be the various options, the various
courses of action for the future of NASA. Were we going to put the
money into the life sciences, or were we simply going to put vehicles
into space? What was going to be the measure of success in the future?
These are the kinds of questions that I think need to continue to be
asked. And my only concern is that we would embark upon a path that is
so stringent it would leave us no flexibility to move in other
directions.
I thank the ranking member for yielding me this time.
Mr. BOEHLERT. Mr. Chairman, I yield 2 minutes to the gentleman from
Florida (Mr. Feeney), a very valuable
[[Page H6341]]
member of the committee, relatively new member; but he brings to the
committee the leadership qualities he demonstrated in the Florida
legislature, and we frequently turn to him for counsel as we are
dealing with these thorny matters.
(Mr. FEENEY asked and was given permission to revise and extend his
remarks.)
Mr. FEENEY. Mr. Chairman, I am very grateful today for the leadership
of the gentleman from New York (Chairman Boehlert) for the advancement
of science in general and space science in particular. I am grateful
that the gentleman from California (Mr. Calvert), our chairman of the
subcommittee, is about to pass the first authorization bill for NASA in
some 5 years.
It is important now that the President has laid out a grand new
vision for the future of space that Congress weigh in and participate,
and this is our first opportunity on the House floor. I am grateful for
both the gentleman from New York (Chairman Boehlert) and the gentleman
from California (Mr. Calvert), but I too want to suggest that it is
important we have a bipartisan consensus so that the gentleman from
Tennessee (Mr. Gordon), ranking member, and the gentleman from Colorado
(Mr. Udall) have played an important role in making sure that this is a
United States space vision, not a Bush vision, not a Democratic or
Republican vision; and this is a great opportunity to start in this new
millennium.
And, of course, Mike Griffin has done a terrific job. He has got a
background with more science credentials than some entire science
departments at universities; and he has proven that he can take the
bull by the horns, change the entire attitude and culture at NASA in a
positive way. And that is going to be necessary because in the
aftermath of the Columbia accident, many on Capitol Hill and many in
the space community observed there was a drift in the American human
space flight program. The President responded with the Vision for Space
Exploration, and I am pleased that this bill embraces that vision and
enjoys such broad bipartisan support.
America's Vision for Space Exploration provides a logical pace and
sustainable transition from current vehicles and missions to an
exploration and science agenda that breaks out of low Earth orbit and
ensures America will be a spacefaring Nation for generations to come.
America will return the Shuttle to flight, complete the International
Space Station, and then extend our presence to the Moon, Mars, and
beyond.
The Columbia Accident Investigation Board correctly observed that
NASA ``is an organization straining to do too much with too little.''
As this bill moves forward in the legislative process, I hope that the
lessons learned apply to Congress as well as to NASA, that we work to
provide NASA with a focused mission, including, but not limited to,
human space flight, but avoid overloading and micromanaging this great
agency and its leadership.
Mr. GORDON. Mr. Chairman, I yield 2\1/2\ minutes to the gentlewoman
from Texas (Ms. Jackson-Lee), a valuable and active member of our
committee.
Ms. JACKSON-LEE of Texas. Mr. Chairman, I thank the distinguished
ranking member for his leadership. I thank the chairman for the tone of
collegiality and purpose that he sets in this committee. I thank the
gentleman from California (Mr. Calvert), chairman of the subcommittee,
for his renewed vigor on the idea of space, and certainly the
leadership of the ranking member of the subcommittee for his forceful
support of science and the environment.
Mr. Chairman, H.R. 3070 allows America to dream, but at the same time
it allows America to generate results. I am gratified to rise in
enthusiastic support of this legislation because it is a compilation of
the views and interests of a wide range of those of us who are
committed to a forceful and determined vision for science in America.
It is not limited to the vision of space, although we in Houston
understand that though we heard the words ``Houston, there is a
problem,'' we now know ``Houston, we can dream.''
I live amongst astronauts and scientists who have for decades
committed themselves to the science of space and the results that come
about through that. They are brave men and women and families, who
every day rally around their astronauts and allow them to do things
that others of us simply dream to do.
This legislation captures that spirit, but it also is a commonsense
initiative. For example, I am gratified, as the gentleman from Colorado
(Mr. Udall) expressed, through his leadership we have firewalls between
science and human space flight so that we do have the dollars necessary
to set aside for science, building up our very poor resources and
engineers and physicists and chemists and biologists and at the same
time we have this commitment to human space flight.
For example, we are able to give a long-term commitment to this
project. Funding for fiscal year 2006 is about $6.5 billion, which is
approximately $15 million more than the President's request. We go on
to authorize it in the years to come to give us a sense of consistency,
which I think is extremely important.
Might I for a moment say that I will be supporting the manager's
amendment, and I appreciate what the gentleman from New York (Chairman
Boehlert) had to do on the International Space Station; however, I want
the space station to be able to house six persons and disappointed if
Dr. Griffin will pull back on that, but I am gratified that this
amendment, the manager's amendment, asks for proof as to why that
cannot be done. That is a constructive way to look at that problem of
downsizing the space station, which I think does not serve the program
very well.
Let me also say that I am very pleased because of the work of the
ranking member in the subcommittee, as we have worked together on this
issue, concerning the constituents who live around airports; and I have
in my congressional district the Houston International Airport, one of
the number one airports, or one of the largest airports in the Nation,
that we have in this document the ability to provide research on noise
levels so that the noise levels of airports will not go beyond the
contents of this particular area, so that from the research that will
be in this legislation, the word shall go out to all those who live
around airports, because we know that populations have grown around
airports, that they might be free at least from the sound of those
airplanes taking off.
Let me quickly conclude by saying that I am grateful that in this
particular legislation I have amendments that provide for a report on
how much money is spent on safety, how important that is as we launch
our discovery. Also, a new safety commission, which I will talk about
more extensively, dealing with the International Space Station that
will in this legislation as well, and finally an amendment that gives
us equal access to education programs that provide for those new
engineers.
I think this is a good bill. I ask my colleagues to support it.
I rise as a vigorous supporter of this NASA Authorization bill, which
I am proud to say, passed by a unanimous vote of the Science Committee.
Let me thank Chairman Boehlert and Ranking Member Gordon for their
outstanding work in making this consensus legislation that takes into
consideration all points of view. NASA is at a very pivotal moment in
its history and therefore it is the responsibility of this Congress to
ensure that the future of NASA is one of continued progress. After the
tragic Colombia Space Shuttle accident the Science Committee and this
Congress were forced to reevaluate NASA's purpose. I have stated that
safety must be the number one priority of NASA; however this should not
deter NASA from pushing the boundaries of technology and discovery. I
feel confident that this Authorization addresses both safety and
discovery in a comprehensive manner.
I have been supportive of President Bush's Vision for Space
Exploration because I firmly believe that the investment we make today
in science and exploration will pay large dividends in the future.
Similarly, I do not want to put a cap on the frontiers of our
discovery, NASA should aim high and continue to push our nation at the
forefront of space exploration. The President has stated that the
fundamental goal of his directive for the Nation's space exploration
program is ``. . . to advance U.S. scientific, security, and economic
interests through a robust space exploration program.'' I could not
agree more with that statement and I believe this Authorization finally
[[Page H6342]]
gives more detail and purpose to the overall mission.
This bill authorizes funding for the National Aeronautics and Space
Administration for fiscal year 2006 and fiscal year 2007. Funding for
fiscal year 2006 is $16.471 billion, which is approximately $15 million
more than the President's request and the same as House Appropriations.
For fiscal year 2007, the bill authorizes $16.962 billion, which is the
same as the President's request. This legislation also directs NASA to
strive to return Americans to the Moon no later than 2020, launch a
Crew Exploration Vehicle as close to 2010 as possible, and conduct
research on the impacts of space on the human body to enable long-
duration space exploration. These provisions give more shape to the
President Vision for Space Exploration.
I am also very pleased that many of my amendments regarding safety
and equal access to NASA education programs are written into this
legislation. The first amendment I advocated for requires that NASA
report how much money is used for safety activities on a yearly basis.
This provision is designed to ensure the safety of NASA personnel
through governmental transparency. It is important to examine whether
proper resources are being allocated towards ensuring the safety of our
NASA personnel. My amendment addresses how the money is allocated and
how much is going specifically to address safety concerns.
In addition, the Science Committee included my second amendment which
calls for an independent Presidentially-appointed commission to
investigate safety aboard the ISS. This amendment was introduced in the
form of H.R. 4522, the International Space Station Independent Safety
Commission Act of 2004 which I introduced in the 108th Congress. This
vital piece of legislation can potentially make all the difference for
the international crew that is stationed aboard the ISS. It is one of
our most important NASA programs and therefore we must ensure that all
safety precautions have been met.
My final amendment that was included was meant to ensure Equal Access
to NASA's Education Programs, in which the Administrator shall strive
to ensure equal access for minority and economically disadvantaged
students to NASA's Education programs. Space exploration is one the
most amazing things we have been able to do, and such enthusiasm for
exploratory ventures should continue for generations. By striving to
include minority and disadvantaged students in NASA Education Programs,
we are opening a truly remarkable career to those who might have missed
it.
In sum, this legislation is both comprehensive and provides a strong
blueprint for NASA to follow. We as a Congress must approve this
legislation and once again recommit ourselves to space exploration.
Truly, we as a nation have come a long way in the area of space
exploration since President John F. Kennedy set the course for our
Nation when he stated in a speech at Rice University in 1962:
We set sail on this new sea because there is new knowledge
to be gained, and new rights to be won, and they must be won
and used for the progress of all people. For space science,
like nuclear science and technology, has no conscience of its
own. Whether it will become a force for good or ill depends
on man, and only if the United States occupies a position of
preeminence can we help decide whether this new ocean will be
a sea of peace or a new terrifying theater of war . . . The
great British explorer George Mallory, who was to die on
Mount Everest, was asked why did he want to climb it. He said
because it is there. Well space is there, and we're going to
climb it. And the moon and the planets are there. And new
hopes for knowledge and peace are there. And therefore, as we
set sail, we ask God's blessing, on the most hazardous, and
dangerous, and greatest adventure, on which man has ever
embarked.
I hope that we can look back to today as another step in this grand
journey for exploration.
Mr. BOEHLERT. Mr. Chairman, I yield 3 minutes to the gentleman from
Texas (Mr. Smith), who has contributed so much for so long to the
workings of the committee.
Mr. SMITH of Texas. Mr. Chairman, first of all, I would like to thank
the gentleman from New York, the chairman of the Committee on Science,
for yielding me this time. But I would also like to thank him for his
initiative, for his leadership, and for his enthusiasm whenever it
comes to space issues.
Mr. Chairman, I strongly support the NASA authorization bill, as do
most Americans. A recent Gallup survey shows that almost 80 percent of
the American people support space exploration.
As the country gathers to witness NASA's return to flight in the
launch of the Space Shuttle Discovery, a new generation of young people
will be inspired and older generations will honor the pioneers of the
Apollo program.
The launch of the Space Shuttle Discovery is historic. It represents
the first step towards our bold new vision for space exploration, a
vision that takes us and our international partners back to the
International Space Station, returns our Nation to the surface of the
Moon, and directs our gaze towards Mars and beyond.
The exploration of space is about hope, imagination, and new
technology. The Space Shuttle and research programs on the
International Space Station will help us maintain our Nation's
leadership role in a globally competitive economy.
Americans of all ages and backgrounds support our human spaceflight
program because they have a clear understanding that it has changed our
lives and is critical to our Nation's future. The launch of the
Discovery and continued research on the International Space Station are
part of the vision that will carry us to new frontiers in both space
and technology.
Mr. Chairman, I hope our colleagues will support this legislation.
Again, I want to thank the gentleman from New York for his leadership
on this subject.
Mr. GORDON. Mr. Chairman, I yield 2 minutes to the gentleman from
Illinois (Mr. Costello), second ranking member on the Committee on
Science.
Mr. COSTELLO. Mr. Chairman, I thank the ranking member for yielding
me this time.
Mr. Chairman, I rise in strong support of H.R. 3070 and ask my
colleagues to support this legislation.
{time} 1030
Mr. Chairman, I want to commend Chairman Boehlert and Ranking Member
Gordon for producing a thoughtful and balanced authorization for NASA.
In addition, I want to thank Subcommittee Chairman Calvert and also
Ranking Subcommittee Member Udall.
NASA not only inspires the imagination of our people through its
space exploration programs, it funds important research and development
work in aeronautics, communications, and Earth sciences. The work of
NASA maintains our preeminence in engineering and sciences. As we have
heard so often over the years, NASA's work lays the foundation for the
creation of new industries and new products that improve our daily
lives.
Mr. Chairman, I intended to offer an amendment today to ensure that
NASA would spend U.S. tax dollars here in the United States. We may not
be able to stop major corporations here in the United States from
outsourcing jobs, but we should be able to assure the American people
that their tax money, whenever possible, stays here in the United
States. When NASA spends tax money on contracts, goods and services,
they should spend that money here in the United States whenever
possible. And when NASA enters into contracts with contractors and
subcontractors, they should be able to assure the Congress and the
American people that those contractors that are hired will spend the
money here in the United States for goods, services and for employees.
I have been assured by the committee leadership that that is their
goal as well and I intend to work with them to accomplish this goal.
Let me again commend the gentleman from Tennessee (Mr. Gordon) and the
gentleman from New York (Mr. Boehlert) for their leadership, and I
appreciate their cooperation in working with me on this matter.
Therefore, I will not be offering the amendment today.
Mr. BOEHLERT. Just let me say to the gentleman from Illinois how much
we value his many contributions to the committee and how much we look
forward to a continuing productive working relationship.
Mr. Chairman, I yield such time as she may consume to the
distinguished gentlewoman from Virginia (Mrs. Jo Ann Davis).
Mrs. JO ANN DAVIS of Virginia. Mr. Chairman, I am deeply concerned
that NASA's diminishing investment in aeronautics research and
development will, in time, jeopardize the health of our aerospace
industry as well as jeopardize the ability of the Pentagon to develop
and field aircraft to defend our homeland and to carry troops and
materiel to distant battles. NASA's investment in aeronautics research
and development has shrunk by half since 1998 and the agency's proposed
5-year budget continues this downward trend. This has got to stop.
Over the decades, NASA researchers and engineers have made
incalculable
[[Page H6343]]
contributions to aviation safety, efficiency, and noise and emission
reductions. The current challenges facing the aerospace industry are no
less daunting as we seek to transform the Nation's commercial aviation
system, avoid aviation gridlock, and to continue to sustain America's
preeminence in the world's aerospace marketplace.
Is it the gentleman from New York's intention to work for a stronger
aeronautics research and development program?
Mr. BOEHLERT. Mr. Chairman, will the gentlewoman yield?
Mrs. JO ANN DAVIS of Virginia. I yield to the gentleman from New
York.
Mr. BOEHLERT. Mr. Chairman, I could not agree with the gentlewoman
from Virginia more. Aeronautics R&D must remain a vital component of
NASA's mission, and the bill before us contains several provisions to
reverse, as the gentlewoman said, the downward trend. First, we
increase the authorization numbers for aeronautics above those
requested by the administration. Incidentally, the gentlewoman should
take some credit for that because I know how strongly she feels about
it and her representations to the committee have not gone unnoticed.
Second, we direct NASA to develop a national aeronautics policy to
help guide the agency's investment in the years ahead and to ensure
that we have the proper people and facilities to support these efforts.
Finally, we direct NASA to better manage its wind tunnels and test
facilities to ensure they are accessible and cost competitive. The
Science Committee is committed to ensuring that aeronautics remains a
key part of NASA's mission, and we look forward to working with the
gentlewoman now and in the years to come to keep aeronautics front and
center.
Mrs. JO ANN DAVIS of Virginia. I thank the gentleman for those
assurances.
Mr. GORDON. Mr. Chairman, I yield 2 minutes to the gentlewoman from
Texas (Ms. Eddie Bernice Johnson).
Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Chairman, let me hasten to
thank the chairman of the committee and the ranking member for
continuing to work together. In our usual fashion, we have an agreed
bill.
I rise today to say that I fully support this bill and also to talk a
little bit about the importance of NASA. For decades, NASA has
attracted some of our best and brightest. The scientific and
technological advances developed by the NASA program have truly been
unmatched. From athletic shoes to breast cancer screening, NASA has
touched almost every aspect of our lives. It is difficult to imagine
what our lives would be like if not for the race to space.
NASA plays a key part in developing new technology and innovations.
Underfunding or dismantling parts of NASA will negatively impact new
research and technology. We must not fall behind other countries in
this field, for this has been a major reason why we have been able to
remain on the cutting edge with innovations. If the United States wants
to continue to be on the technological forefront, NASA authorization
must have a balanced approach that includes a strong dedication to
science, aeronautics, and human exploration.
As we move toward a new era in science and technology, the most
important aspect of being globally competitive is developing young
scientists. We must have a firm commitment to educating our young
people. Therefore, this Congress needs a comprehensive authorization
that addresses the needs of developing and retaining our best
scientists.
During a time of extreme divisiveness in this Congress, I am very
proud to say that this bill is a bipartisan compromise. I hope my
colleagues will join me in supporting this important piece of
legislation.
Mr. GORDON. Mr. Chairman, I yield 1\1/2\ minutes to the gentleman
from Massachusetts (Mr. Frank).
Mr. FRANK of Massachusetts. Mr. Chairman, I salute the work of the
committee. I know that the ranking member has done an excellent job,
the chairman has been a diligent supporter of science and of scientific
freedom and I admire that, but I do want to express my profound
disagreement on policy terms with much of this bill.
Mr. Chairman, we have held up for years now a transportation bill,
literally years, because we are quarreling over the amount of money. To
commit billions of dollars to go to Mars when we are not providing the
funds for Americans to go from one city to another is simply a waste of
money. The Mars money is in a zero-sum situation, and to commit $3
billion now, I am told, and billions more in the future to go to Mars
when day after day when appropriations bills come up we are told, no,
we can't do enough for housing and we can't do enough for health care,
and the appropriators say, look, we agree with you, it's a good program
we're cutting, we wish we had more, but we then set aside billions for
Mars.
Indeed, I think this is a fundamental debate that the country ought
to have. I hope we will see a bill that will put this question about
whether or not we commit these untold billions to go to Mars coming at
the expense of other important programs before us.
On this whole question of our priorities, I was struck on July 7 by a
very thoughtful editorial in USA Today, with which I agreed, which
called for a diminution of human space and more of the sort of
scientific space travel that has in fact been so beneficial. Under the
General Leave, I am going to insert this as well as a rebuttal from Mr.
Griffin, but I believe, particularly now, that we have to talk about
the priorities. These are not separate entities. The money that goes,
the tens of billions that are being committed to go to space travel,
come at the expense of cleaning up Superfund sites, of building
transportation, of providing health care and providing housing. The
country may decide in context to go forward with that, but we need to
have that decision put before us in an explicit way.
Public Support Can't Fly if Manned Flights Remain Costly and Aimless
NASA's Deep Impact probe, which smashed into a comet
Monday, was a big hit. In fact, it was a billion hits. That's
how many computer ``hits'' NASA's website recorded in just 24
hours around the event.
This deep interest in Deep Impact is illustrative of a new
reality that the human space program confronts as it gears up
for next week's planned return of the shuttle. Robotic
probes, once the domain of pointy-headed academics, have
become NASA's new stars.
The probes have always generated more science. Now they
generate more enthusiasm and romance. They are cheaper,
faster and more exciting. They go farther and stay longer.
They explore the frontiers of the cosmos.
What's more, they make better use of the pre-eminent
technology of our times, the Internet. Thanks to signals sent
back by the Mars rovers Spirit and Opportunity, the Red
Planet has been ``visited'' a little more than 670 million
times since January of last year.
When and if astronauts arrive there, the product they
provide the Internet consumer will be, in many respects,
inferior. No sooner would they arrive than attention would
shift to getting them home safely. Rovers, on the other hand,
plow on, month after month, sending data, living off nothing
but sunshine.
For its 22-year history, USA TODAY has been an avid
supporter of the human space program. We continue to believe
it should be maintained for such a day when engineers find a
way of bringing down its costs, making more ambitious
projects possible.
But it's impossible to deny its current status as a cure
for insomnia. The International Space Station, its main focus
for the past decade, orbits in near oblivion. The shuttle
doesn't really go anywhere. Sadly, it makes headlines only
when its flights end in tragedy. The launch of Discovery,
scheduled for Wednesday, night generate attention, but only
because of its novelty as the first in more than two
years. President Bush's plan for sending astronauts back
to the moon and on to Mars, announced in 2003, was met by
public apathy and unfavorable polls. Having pushed budget
deficits to the moon, he also has no plan to pay for it.
Nevertheless, Bush and Congress seem oblivious. They are
intent on a vision whose main impact is not to explore space
but to channel money to aerospace companies and
bureaucracies.
NASA is embarking on a costly shuttle replacement program,
when far cheaper options exist. This project is being
undertaken in the name of Bush's moon-Mars plan, an iffy
prospect at best.
Even now, in the early stages, almost two thirds of NASA's
budget, a little less than $10 billion annually, goes into
human space programs--the shuttle fleet, the Space Station
and Bush's plan.
NASA, to its credit, did come up with an elegant and cost-
effective way of continuing the human space program without
having it eat up most of its funding. The so-called Orbital
Space Plane was to have been lifted into space atop existing
commercial rockets. Alas, the idea was too good to survive.
Lawmakers representing aerospace contractors
[[Page H6344]]
and major NASA employment centers made sure it died.
That has left the space program on a costly and uncertain
trajectory. The shuttle replacement might get built by 2014,
or even 2010, as some people hope. Or it might end up like
the X-33 and the National Launch System, two programs
abandoned when their costs became clear. The moon-Mars idea
is even more problematic, requiring increasing allocations of
money from future presidents.
What does appear certain is that lawmakers will pump vast
amounts of money into a directionless human space program
just as the public's attention has shifted away.
That's too bad. After watching Deep Impact and other
robotic missions of late, it's clear that NASA's science
division has become a veritable hit machine. It would be
fascinating to see what it could do if set loose.
____
We, Not Robots, Know What We Need From Our Travels, Discoveries
(By Michael Griffin)
Within the lifetime of a baby born this Fourth of July--the
day NASA's Deep Impact spacecraft collided with the comet
Tempel 1 (late on July 3 in the western USA), and also the
1,705th consecutive day of human occupancy onboard the
International Space Station--human pioneers will build
outposts on the moon and Mars, extract minerals from large
asteroids and construct huge space telescopes to map the
details of continents on distant planets.
This is the space program NASA will pursue, based on the
premise that a robust program of human and robotic space
exploration will help fuel American creativity, innovation,
technology development and leadership.
If history demonstrates anything, it is that those nations
that make a commitment to exploration invariably benefit.
Because of Britain's centuries-long primacy in the maritime
arts, variations on British systems of culture and government
thrive across the globe. I believe that America, through its
mastery of human spaceflight, can shape the cultures and
societies of the future, in space and here on Earth, as the
great nations of the past have shaped the cultures of today.
This future is being purchased for the 15 cents per day that
the average taxpayer currently provides for space
exploration.
Spaceflight is a continuation of the ancient human
imperative to explore, discover and understand; to settle new
territory and to develop new ways to live and work. We need
both robotic pathfinders and people in our space journeys. As
capable as our robots are, a human explorer can move over new
territory far more quickly than a robot, assess and interpret
the local environment, and make unexpected discoveries. In
all other human activities, we complement, but do not
supplant, ourselves with our machines. Why should it be any
different in space?
As with all pioneering journeys into the unknown,
spaceflight is risky. Next week, if all goes well, we will
launch seven courageous astronauts on the Space Shuttle
Discovery. A successful mission would give us greater
confidence we can fly the shuttle safely through its planned
2010 retirement, then move on into a new era of exploration.
It is inconceivable to me that this nation will ever
abandon space exploration, either human or robotic. If this
is so, then the proper debate in a world of limited resources
is over which goals to pursue. I have little doubt that the
huge majority of Americans would prefer to invest their 15
cents per day in the exciting, outward-focused, destination-
oriented program we are pursuing.
Mr. GORDON. Mr. Chairman, I yield 1 minute to the gentleman from
Arkansas (Mr. Snyder).
Mr. SNYDER. Mr. Chairman, I rise to commend my colleagues today. We
are having a very sweet garden party here this morning. But I hope the
gentleman from New York (Mr. Boehlert), the gentleman from California
(Mr. Calvert), the gentleman from Tennessee (Mr. Gordon) and others on
their committee appreciate that we appreciate how much hard work went
into this. We have not had an authorization bill. This is a 2-year
authorization bill. There was a lot of hard work that went into this.
We appreciate how much work you did for this bill.
This is a 2-year bill, covering fiscal years 2006 and 2007. I just
want to make the point that as soon as this thing gets signed into law,
and we hope that it does, you will be thinking again about what the
next authorization is going to look like. That is the nature of this
process. It builds in a further look.
Last night I wish we had had that same opportunity. As one who had
voted for the PATRIOT Act 4 years ago and as one of the 171 who voted
against it last night, I believe we would have had another 100 votes in
support had we had the built-in sunset provisions that the gentleman
from California (Mr. Rohrabacher) and the gentleman from Virginia (Mr.
Boucher) had presented to us in the motion to recommit.
Thank you for your work. I hope that we will do better when this
PATRIOT bill comes back from conference.
Mr. GORDON. Mr. Chairman, I yield myself the balance of my time.
Let me just conclude by once again thanking all the parties in
bringing this bill together. Also, let me say a word to my friend from
Massachusetts who I think made a good point about priorities. In this
bill, we tried to establish priorities. We have to make them in context
to going to schools, picking up the garbage, all the things that have
to be done in this country. But I hope that we have seen in the past
that also benefits on Earth have come about from our efforts in space,
whether it is inspiring our youth to be involved in math and science or
the different products that have been involved.
But a good point has been made. We need to have this balance. We want
to work with him and others to try to have that balance. If we can't
explain to you and justify to you the benefits of going to Mars, going
to the Moon and the other aeronautic aspects of NASA, then we haven't
done our job.
Mr. Chairman, I yield back the balance of my time.
Mr. BOEHLERT. Mr. Chairman, I yield myself the balance of my time.
Let me conclude by thanking all the staff who worked so hard on this
bill. That is a lot of credit to go around. I want to thank David
Goldston and John Mimikakis and our new chief counsel Sara Gray. They
all worked so very hard. And our Space Subcommittee staff led by Bill
Adkins. That staff includes Ed Feddeman, Tom Hammond, Johannes
Loschnigg, Ken Monroe and Roselee Roberts, Shep Ryan and Kristi Karls,
all of whom have put countless hours into this bill. We sometimes need
to stop and think about it all. We will work maybe into the evening,
sometimes into the wee hours of the morning and then we shake hands and
we say, Okay, staff, take care of it. And we go home and sometimes they
do all-nighters. They are truly dedicated. They are also very
professional, Democrat, Republican.
Thank you, thank you, thank you.
And I want to thank Tim Brown of the Legislative Counsel's office who
was very helpful to us. I also want to thank Dick Obermann and Chuck
Atkins. They worked with us to craft on a bipartisan basis a really
outstanding bill. I also want to thank Dave Ramey and Deena Contreras
from the personal staff of the gentleman from California (Mr. Calvert).
What a splendid job they did.
Let me end this by thanking the NASA team. He may be gone, but he is
not forgotten, the former Administrator, Sean O'Keefe, who gave so much
to the program. The new Administrator who has taken over the reins. He
is providing clear direction.
So many members of the committee like to talk about the equal
opportunity society we have. We have got equal opportunity in spades
within the NASA program. It excites so many people. I take great pride
in pointing out that when the Space Shuttle returns to flight, the
commander of that ship will be a New Yorker, Eileen Collins. What a
wonderful role model she is for all of us. The NASA team is just
particularly good.
Chris Shank, another former member of our staff, and Tim Hughes, they
did a lot to help. There are so many thank-you's to go around, but most
of all we all thank this great Nation of ours for making possible this
opportunity.
Mr. DREIER. Mr. Chairman, the bill we are considering today, H.R.
3070, the National Aeronautics and Space Administration Authorization
Act, is an important piece of legislation, especially because it is the
first NASA authorization reported out of the Science Committee in 5
years. I want to commend my good friends Mr. Calvert, who Chairs the
Space and Aeronautics Subcommittee, and Mr. Boehlert, who Chairs the
Full Committee, for working to get this bill before us.
NASA has undertaken a variety of missions over the years, and in my
opinion some of the most exciting have happened in the past 3 or 4
years. As my colleagues all know, I have the privilege of representing
NASA's La Canada Flintridge-based Jet Propulsion Laboratory. I was at
JPL for Deep Impact, the mission that occurred during the Fourth of
July and in which NASA engineers successfully maneuvered a probe into a
collision course with a comet.
Several of my colleagues, including Mr. Calvert and Mr. Schiff,
joined me at JPL to celebrate our Nation's independence and to
[[Page H6345]]
witness this incredible event. This was the first mission of its kind
ever undertaken by NASA, and it will give us new insight into the
origins of our solar system. Deep Impact is important not only for the
science that it will yield, but also for the technical feat it
represents. Temple I, the comet into which Deep Impact was steered, was
traveling at 23,000 miles per hour some 268 million miles from Earth.
Deep Impact was not the first time I have been able to witness first
hand the amazing things that NASA and its scientists are capable of
accomplishing. I was also at JPL in January of 2004 when the Mars Rover
Spirit landed. Both Rovers have far surpassed their expected
operational life and are still making discoveries on the Martian
surface. Deep Impact, the Cassini-Huygens Probe, the Mars Rovers, and
many missions before them, are all examples of what's right with NASA.
NASA's missions are important not only for what we learn from them,
but also for what they inspire us to do. NASA's missions and
educational programs give our youth a sense of what is made possible by
the sciences. Mathematics, engineering, and chemistry are all vitally
important fields and are at the forefront of American innovation in the
global economy. Without federal investment in NASA-sponsored programs,
we would lose an important part of our technological edge in the world.
With the Space Shuttle's imminent return to flight, and so many other
exciting missions on the horizon, there is no reason why we cannot
accomplish the bold vision that President Bush has outlined for space
exploration. As Dr. Charles Elachi has so aptly stated after being
named Director of JPL, ``We will continue to do what has never been
done before, and go where no one has gone before.'' I commend the
Members of the Science Committee for recognizing the important role
that NASA plays not only in our society, but in our economy as well,
and urge my colleagues to support this legislation.
Mr. CARDIN. Mr. Chairman, since 1990 the Hubble Space Telescope, HST,
has inspired scientists and students' alike. Unlike ground-based
telescopes, HST is uninhibited by the Earth's atmosphere and therefore
uniquely suited to capture images from distant space with high image
clarity. HST allows us to look further back in time to the universe's
earliest days.
By design, the Hubble Telescope requires regular servicing missions.
These missions have occurred in 1993, 1997, 1999, and 2002, and the
mission scheduled for 2004 was postponed after the Columbia Shuttle
tragedy. Servicing missions allow us to repair broken parts of the
telescope and to add additional components that improve viewing
abilities by ten degrees or more.
Our next servicing mission would repair three faulty gyroscopes that
failed in April 2003. Without this mission, HST will continue to
operate in degraded mode. There is only a 50 percent chance that HST
will be in operation past March 2007 without a servicing mission.
Beyond 2007, the chance for continued operation of HST declines
significantly.
On January 16, 2004 former NASA Administrator Sean O'Keefe informed
workers at the Space Telescope Science Institute at Johns Hopkins
University in Baltimore and NASA's Goddard Space Flight Center (which
built Hubble and oversees STScI) that he was canceling SM-4, a Hubble
Servicing mission, because the shuttle would not have the International
Space Station as a safe haven. The implication was that shuttles that
have the ISS as a safe-haven are safer, but this claim is not supported
by NASA or STSI experts.
I am pleased to see Congress respond to this decision, and to
authorize a Hubble servicing mission in the near future. Section 302 of
base bill takes into consideration the recommendations of the National
Academy of Sciences, and states that ``it is the sense of the Congress
that the Hubble Space Telescope is an extraordinary instrument that has
provided, and should continue to provide, answers to profound
scientific questions . . . all appropriate efforts should be expended
to complete the Space Shuttle servicing mission. Upon successful
completion of the planned return-to-flight schedule of the Space
Shuttle, the schedule for a Space Shuttle servicing mission to the
Hubble Space Telescope shall be determined, unless such a mission would
compromise astronaut safety.''
I urge my colleagues to support this important legislation.
Ms. ESHOO. Mr. Chairman, I rise today to pay tribute to the excellent
work being carried out daily by the men and women at NASA Ames Research
Center, located in my district in California's Silicon Valley.
For over half a century, NASA Ames has been one of the world's
premiere research labs, leading the scientific community in a wide
range of endeavors as it provides vital support to NASA's core
missions.
Located in the Silicon Valley, our nation's cutting-edge technology
center, NASA Ames has created partnerships with leading universities
and high-technology industry leaders, and brought the scientific,
academic, and business communities together in multifaceted efforts to
expand knowledge and explore the unknown.
As NASA begins to rise to the challenges laid out in the new Vision
for Space Exploration, NASA Ames will lead the way in mission-enabling
research within its core competencies of astrobiology, advanced
supercomputing, intelligent adaptive systems, entry systems, and air
traffic management systems. All but entry systems are uniquely resident
at NASA Ames, and they represent the critical skills, facilities and
people that are needed to meet NASA's mission, including the Vision for
Space Exploration.
Over the last decade, NASA Ames has taken full advantage of its
strategic location to create new partnerships between the private
sector and federal researchers. Following the disestablishment of the
Naval Air Station Moffett Field in 1991, NASA took the initiative to
develop on existing federal property the NASA Ames Research Park, which
today is home to over 30 companies and over 13 universities conducting
collaborative research with NASA.
Thanks to this forward-thinking model for federal land reuse, major
new construction plans are in motion, including a plan by the
University of California to build a 120,000 square-foot Bio-Info-Nano
Convergence Research & Development Lab, a project which I have been
proud to support.
Mr. Chairman, I, along with many of my colleagues, have expressed
deep concerns in recent months over proposed cuts to science funding
within NASA's budgets. While some shifting of funding priorities is to
be expected as NASA prepares to implement its new Vision for Space
Exploration, my core concern has been the danger we face in losing the
long-term viability of NASA's Science mission, and the risk we face in
harming our Nation's ability to lead the rest of the world in
scientific and high-technology innovation.
I'm pleased that the bill before us addresses my concerns in three
key areas. The increases in science funding will go a long way toward
ensuring the long-term viability of NASA's in-house research and
development capability. To protect NASA's top-notch talent and critical
skills, the bill protects Civil Service workers by blocking any layoffs
until February 2007. To ensure we honor our commitment to the
International Space Station, the bill expresses the Sense of the
Congress of the important need to complete the centrifuge aboard the
station, an important component of the Space Station Biological
Research Project, which has the potential to yield enormous benefits
for human systems understanding, a critical need if we are going to
safely send astronauts to Mars and back.
Mr. Chairman, this is a good bill for NASA and our nation's
innovation capability as a whole. I consider NASA, and the
irreplaceable staff, expertise, and abilities housed at NASA Ames
Research Center a national treasure, and one that deserves our fullest
support as it continues to shape the technologies and understanding
that will guide our nation in the 21st Century.
Mr. LARSON of Connecticut. Mr. Chairman, I rise today in support of
H.R. 3070, the National Aeronautics and Space Administration
Authorization Act of 2005. In particular, I am happy to see that
important provisions in regards to the future of our nation's
aeronautics policy were included in the bill before us today.
Over 4 years ago, the European Union unveiled its plan for gaining
dominance in the global aerospace market entitled, ``European
Aeronautics: A Vision for 2020.'' This plan laid out an ambitious, $93
billion, 20-year agenda for winning global leadership in aeronautics
and aviation. In stark contrast, however, NASA aeronautics funding has
declined dramatically over the past decade, from a high of $1.54
billion in 1994 to $906 million just last year.
As a result, the United States has put its leadership in cutting edge
aeronautics R&D at risk. We are losing high paying jobs and
intellectual capital critical to our economy and national defense. The
only way the U.S. can continue to create high wage, high value jobs and
maintain aerospace leadership is to innovate faster than the rest of
the world.
To do this, we need an exciting and robust NASA aeronautics program
that not only revitalizes current research but also fosters future
innovation. This requires a long term national investment in critical
research of emerging technologies and the training of highly skilled
Americans to lead our aeronautics industry into the future.
H.R. 3070 is a step in the right direction. While it does not
authorize the levels of funding necessary to fully robust NASA's
aeronautics programs, it does authorize an additional $60 million more
than the President's FY06 budget request. In addition, the bill
requires the President to answer Europe's aeronautics plan by
developing a national aeronautics policy to guide NASA's aeronautics
[[Page H6346]]
programs through 2020. This is bill is a good start, but there is still
much more that Congress can--and must--do to ensure that America does
not lose its edge in aeronautics research.
I applaud the work of Mr. Gordon, the ranking member of the Science
Committee and Mr. Udall, the ranking member on the Space and
Aeronautics Subcommittee, for their hard work in ensuring that
aeronautics R&D was not forgotten in this bill. Their efforts were
integral in ensuring that many of the provisions of H.R. 2358, the
Aeronautics Research and Development Revitalization Act, were included
in the bill before us today.
Again, I thank the members of the Science Committee for their
dedication to the American aeronautics industry, and look forward to
continuing to work with them to ensure that NASA has the direction and
resources necessary to once again make America the unsurpassed
aeronautics leader in the world.
Mr. GENE GREEN of Texas. Mr. Chairman, I rise today in strong support
of this bill to authorize funding for NASA programs over the next two
fiscal years.
Over the years, NASA as a government agency has stream lined and
reduced their cost and has done amazing research and developed
innovative technology. They are a model agency which should be
applauded as a role model for other government agencies to follow.
I am pleased this bill will authorize $150 million for maintenance
and repair of the Hubble Space Telescope by a manned mission. As this
bill states, the Hubble telescope is an ``extraordinary instrument''
that has given us immense understanding and knowledge about the far
reaching edges of the universe since its launch in 1990.
I am also pleased this bill does not set a specific date for the
retirement of the space shuttle. The shuttle has performed 113 flights
since 1981, and is crucial to our vision of space exploration. While I
agree we need to move beyond the shuttle at some point, we should not
retire our only means for transporting humans into space without having
a replacement vehicle ready to continue that mission.
One of the most important benefits NASA provides does not occur on
the launch pad, in the laboratories, or in space however, but in the
classrooms of schools across this country. NASA is to science and math,
what the National Football League and the National Basketball
Association are to amateur sports; our space program inspires high
school, middle school, and even elementary school students to take an
interest in math and science.
Since 1997, I have had the privilege of having NASA astronauts visit
middle schools in the congressional district I represent. The
interaction of these middle school students with the astronauts and the
questions they ask about space and NASA, demonstrate the benefits of
our space program and the impact it has in getting students excited
about these subjects.
Mr. Chairman, as a member of the Houston delegation, home to the
Johnson Space Center, I have been an avid supporter of NASA. As we
return to flight, possibly as early as next Tuesday, this bill
authorizes funding necessary to fulfill our vision for the future of
the space program. I strongly support this bill and urge my colleagues
to do the same.
Mr. REYES. Mr. Chairman, I rise in strong support of H.R. 3070, the
National Aeronautics and Space Administration Authorization Act of
2005.
Technology and innovation are a vital force behind our Nation's
prosperity, and NASA continues to advance our scientific, security, and
economic interests through its cutting-edge work.
NASA conducts flight training for the Space Shuttle program in my
congressional district of El Paso, Texas. My constituents have also
benefited from NASA programs that provide local schools with funding to
improve student learning in science and mathematics. In addition, small
businesses in El Paso have received contracts with NASA, the University
of Texas at El Paso has been awarded education grants, and local
students have received scholarships to study science and engineering.
H.R. 3070 will help NASA advance its work in my district and across
America.
Mr. Chairman, I urge all of my colleagues to give this important, bi-
partisan bill their support.
Mr. CRAMER. Mr. Chairman, I rise to congratulate the Chairmen and
Ranking Members of the Space and Aeronautics Subcommittee and the Full
Science Committee for bringing this bipartisan bill to the House Floor.
I am a Member of the House Appropriations Committee, and I have
served on NASA's funding subcommittee for some years now.
Since the President first challenged NASA to permanently extend
mankind's presence beyond Earth orbit, we have looked to the Science
Committee to bring a bill to the Floor that allows the full House to
weigh in on this new mission.
Today we are considering a NASA authorization bill that thoughtfully
addresses the future of our Nation's space program. This may well be
one of the most critical NASA authorization bills in decades.
NASA has been given a bold challenge of exploration that calls for
returning the Shuttle fleet to flight, completing the International
Space Station, returning to the Moon in little more than a decade, and
future missions to Mars and beyond.
This bill endorses NASA's Vision for Space Exploration, and includes
full funding for the exploration activities. It recognizes the
importance of returning the Space Shuttle fleet to flight as the first
step in the exploration vision. It highlights the importance of
scientific research onboard the International Space Station. And this
legislation preserves and strengthens Space and Earth science.
The bill also helps ensure that the agency will have strong
management plans for its workforce and for its facilities. And I hope
that we can continue to strengthen this bill in conference.
In particular, it is important that Congress addresses the
consequences of the Iran Nonproliferation Act on the crew escape needs
for the Space Station.
We should ensure a balanced approach to our Nation's nonproliferation
policy--one that maintains a strong nonproliferation stance while
preserving peaceful cooperation with Russia in the area of human space
exploration.
I also hope that we can re-look at some of the many reporting
requirements that are contained in this legislation during conference.
Mr. Chairman, I have the privilege to represent the employees and
contractors of NASA's Marshall Space Flight Center in my congressional
district.
During the Apollo program, my constituents were challenged to help
lead mankind's first steps of exploration off of our planet Earth. They
responded by developing the Saturn 1, Saturn IB and the Saturn 5
rockets, and the F1 and the J2 rocket engines. They developed the Lunar
Roving Vehicle that transported astronauts on the lunar surface. They
developed Skylab, America's first crewed orbiting space station.
And today, they are ready to get on with the hard work of finishing
the job--permanently extending mankind's presence beyond Earth orbit.
Mr. Chairman, as our Nation prepares for the historic launch of the
Shuttle Discovery and the return of America's ability to launch humans
into space, I will support this balanced legislation that we are
considering today.
Mr. HOYER. Mr. Chairman, I congratulate the Science Committee and
Chairman Boehlert and Ranking Member Gordon on bringing to the floor a
fair, balanced NASA authorization bill. The unanimous vote to report
the bill out of the committee is testament to the positive outcome that
results when Members work together in a bipartisan fashion to make good
public policy.
And this is a good bill for NASA, for Goddard Space Flight Center in
my district, and the American people. The bill restores our investment
in a more vigorous, forward-looking space agency and provides multi-
year funding and detailed policy guidance to NASA at a critical time in
the history of space exploration.
NASA has a unique set of challenges as we seek to return to flight
and expand our reach in space. What we do now will determine how well
we meet those challenges in the future.
That's why I was pleased to see that the bill included $150 million
for a new servicing mission to the Hubble Space Telescope and a
directive to NASA to devise a plan to send a crew to repair the Hubble
Telescope after completion of the currently planned space shuttle
mission.
This funding is a clear recognition by the Committee of the unique
role that the Hubble Space Telescope plays in broadening our scientific
understanding of the observable universe. I applaud the call for a
manned servicing mission to repair Hubble and extend its life so that
future generations will be able to further understand and explore
distant galaxies and the mysteries of space. I look forward to working
with my colleagues to make sure that a new servicing mission is
adequately funded and supported.
The bill also renews focus on the significance and future of science
research. While Mars/Moon exploration also continues to be a major
focus of the work at NASA, we must not lose sight of the needs and
promise of a core area of future inquiry such as science. This bill
finds the right balance. Not only does the bill provide increase
funding for NASA science programs, but it also directs NASA to develop
a comprehensive science policy through 2016, complete with proposed
missions, priorities, budget, and staff to bring much-needed focus back
onto science research. This will go a long way in bringing new focus to
science in the 21st Century.
[[Page H6347]]
Finally, the bill provides funding and brings attention to such
important areas as aeronautics, education, and space operations and
exploration activities that will help our nation further understand and
explore distant galaxies and develop breakthrough technologies
important to our health and security.
This is a big step forward in our efforts to maintain innovation and
ingenuity at NASA and in space and technology industries in the years
ahead. Working together, Congress will pass a bill that would make NASA
stronger and better prepared to face the future challenges that it may
confront.
I urge a ``yes'' vote on this bill.
Mr. BOEHLERT. Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. All time for general debate has expired.
Pursuant to the rule, the committee amendment in the nature of a
substitute printed in the bill shall be considered as an original bill
for the purpose of amendment under the 5-minute rule and shall be
considered read.
The text of the committee amendment in the nature of a substitute is
as follows:
H.R. 3070
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``National
Aeronautics and Space Administration Authorization Act of
2005''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
TITLE I--GENERAL PRINCIPLES AND REPORTS
Sec. 101. Responsibilities, policies, and plans.
Sec. 102. Reports.
Sec. 103. Baselines and cost controls.
Sec. 104. Prize authority.
Sec. 105. Foreign launch vehicles.
Sec. 106. Safety management.
Sec. 107. Lessons learned and best practices.
Sec. 108. Commercialization plan.
Sec. 109. Study on the feasibility of use of ground source heat pumps.
TITLE II--AUTHORIZATION OF APPROPRIATIONS
Sec. 201. Structure of budgetary accounts.
Sec. 202. Fiscal year 2006.
Sec. 203. Fiscal year 2007.
Sec. 204. ISS research.
Sec. 205. Test facilities.
Sec. 206. Proportionality.
Sec. 207. Limitations on authority.
Sec. 208. Notice of reprogramming.
Sec. 209. Cost overruns.
Sec. 210. Official representational fund.
Sec. 211. International Space Station cost cap.
TITLE III--SCIENCE
Subtitle A--General Provisions
Sec. 301. Performance assessments.
Sec. 302. Status report on Hubble Space Telescope servicing mission.
Sec. 303. Independent assessment of Landsat-NPOESS integrated mission.
Sec. 304. Assessment of science mission extensions.
Sec. 305. Microgravity research.
Sec. 306. Coordination with the National Oceanic and Atmospheric
Administration.
Subtitle B--Remote Sensing
Sec. 311. Definitions.
Sec. 312. Pilot projects to encourage public sector applications.
Sec. 313. Program evaluation.
Sec. 314. Data availability.
Sec. 315. Education.
Subtitle C--George E. Brown, Jr. Near-Earth Object Survey
Sec. 321. George E. Brown, Jr. Near-Earth Object Survey.
TITLE IV--AERONAUTICS
Sec. 401. Definition.
Subtitle A--National Policy for Aeronautics Research and Development
Sec. 411. Policy.
Subtitle B--NASA Aeronautics Breakthrough Research Initiatives
Sec. 421. Environmental aircraft research and development initiative.
Sec. 422. Civil supersonic transport research and development
initiative.
Sec. 423. Rotorcraft and other runway-independent air vehicles research
and development initiative.
Subtitle C--Other NASA Aeronautics Research and Development Activities
Sec. 431. Fundamental research and technology base program.
Sec. 432. Airspace systems research.
Sec. 433. Aviation safety and security research.
Sec. 434. Zero-emissions aircraft research.
Sec. 435. Mars aircraft research.
Sec. 436. Hypersonics research.
Sec. 437. NASA aeronautics scholarships.
Sec. 438. Aviation weather research.
Sec. 439. Assessment of wake turbulence research and development
program.
Sec. 440. University-based centers for research on aviation training.
TITLE V--HUMAN SPACE FLIGHT
Sec. 501. International Space Station completion.
Sec. 502. Human exploration priorities.
Sec. 503. GAO assessment.
TITLE VI--OTHER PROGRAM AREAS
Subtitle A--Space and Flight Support
Sec. 601. Orbital debris.
Sec. 602. Secondary payload capability.
Subtitle B--Education
Sec. 611. Institutions in NASA's minority institutions program.
Sec. 612. Program to expand distance learning in rural underserved
areas.
Sec. 613. Charles ``Pete'' Conrad Astronomy Awards.
Sec. 614. Review of education programs.
Sec. 615. Equal access to NASA's education programs.
TITLE VII--MISCELLANEOUS AMENDMENTS
Sec. 701. Retrocession of jurisdiction.
Sec. 702. Extension of indemnification.
Sec. 703. NASA scholarships.
Sec. 704. Independent cost analysis.
Sec. 705. Limitations on off-shore performance of contracts for the
procurement of goods and services.
TITLE VIII--INDEPENDENT COMMISSIONS
Sec. 801. Definitions.
Subtitle A--International Space Station Independent Safety Commission
Sec. 811. Establishment of Commission.
Sec. 812. Tasks of the Commission.
Sec. 813. Sunset.
Subtitle B--Human Space Flight Independent Investigation Commission
Sec. 821. Establishment of Commission.
Sec. 822. Tasks of the Commission.
Subtitle C--Organization and Operation of Commissions
Sec. 831. Composition of Commissions.
Sec. 832. Powers of Commission.
Sec. 833. Public meetings, information, and hearings.
Sec. 834. Staff of Commission.
Sec. 835. Compensation and travel expenses.
Sec. 836. Security clearances for Commission members and staff.
Sec. 837. Reporting requirements and termination.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) On January 14, 2004, the President unveiled the Vision
for Space Exploration to guide United States policy on human
space exploration.
(2) The President's vision of returning humans to the Moon
and working toward a sustainable human presence there and
then venturing further into the solar system provides a
sustainable rationale for the United States human space
flight program.
(3) As we enter the Second Space Age, the National
Aeronautics and Space Administration should continue to
support robust programs in space science, aeronautics, and
earth science as it moves forward with plans to send
Americans to the Moon, Mars, and worlds beyond.
(4) The National Aeronautics and Space Administration's
programs can advance the frontiers of science, expanding
understanding of our planet and of the universe, and
contribute to American prosperity.
(5) The United States should honor its international
commitments to the International Space Station program.
(6) The United States must remain the leader in aeronautics
and aviation. Any erosion of this preeminence is not in the
Nation's economic or security interests. Past Federal
investments in aeronautics research and development have
benefited the economy and national security of the United
States and improved the quality of life of its citizens.
(7) Long-term progress in aeronautics and space requires
continued Federal investment in fundamental research, test
facilities, and maintenance of a skilled civil service
workforce at NASA's Centers.
(8) An important part of NASA's mission is education and
outreach.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the National Aeronautics and Space
Administration.
(2) ISS.--The term ``ISS'' means the International Space
Station.
(3) NASA.--The term ``NASA'' means the National Aeronautics
and Space Administration.
TITLE I--GENERAL PRINCIPLES AND REPORTS
SEC. 101. RESPONSIBILITIES, POLICIES, AND PLANS.
(a) General Responsibilities.--
(1) Programs.--The Administrator shall ensure that NASA
carries out a balanced set of programs that shall include, at
a minimum, programs in--
(A) human space flight, in accordance with subsection (b);
(B) aeronautics research and development; and
(C) scientific research, which shall include, at a
minimum--
(i) robotic missions to study planets, and to deepen
understanding of astronomy, astrophysics, and other areas of
science that can be productively studied from space;
(ii) earth science research and research on the Sun-Earth
connection through the development and operation of research
satellites and other means;
(iii) support of university research in space science and
earth science; and
(iv) research on microgravity, including research that is
not directly related to human exploration.
(2) Consultation and coordination.--In carrying out the
programs of NASA, the Administrator shall--
[[Page H6348]]
(A) consult and coordinate to the extent appropriate with
other relevant Federal agencies, including through the
National Science and Technology Council;
(B) work closely with the private sector, including by--
(i) encouraging the work of entrepreneurs who are seeking
to develop new means to launch satellites, crew, or cargo;
(ii) contracting with the private sector for crew and cargo
services to the extent practicable; and
(iii) using commercially available products (including
software) and services to the extent practicable to support
all NASA activities; and
(C) involve other nations to the extent appropriate.
(b) Vision for Space Exploration.--The Administrator shall
manage human space flight programs to strive to achieve the
following goals:
(1) Returning Americans to the Moon no later than 2020.
(2) Launching the Crew Exploration Vehicle as close to 2010
as possible.
(3) Increasing knowledge of the impacts of long duration
stays in space on the human body using the most appropriate
facilities available.
(4) Enabling humans to land on and return from Mars and
other destinations on a timetable that is technically and
fiscally possible.
(c) Aeronautics.--
(1) In general.--The President of the United States,
through the Administrator, and in consultation with other
Federal agencies, shall develop a national aeronautics policy
to guide the aeronautics programs of NASA through 2020.
(2) Content.--At a minimum, the national aeronautics policy
shall describe for NASA--
(A) the priority areas of research for aeronautics through
fiscal year 2011;
(B) the basis on which and the process by which priorities
for ensuing fiscal years will be selected;
(C) the facilities and personnel needed to carry out the
aeronautics program through fiscal year 2011; and
(D) the budget assumptions on which the national
aeronautics policy is based, which for fiscal years 2006 and
2007 shall be the authorized level for aeronautics provided
in title II of this Act.
(3) Considerations.--In developing the national aeronautics
policy, the President shall consider the following issues,
which shall be discussed in the transmittal under paragraph
(5):
(A) The extent to which NASA should focus on long-term,
high-risk research or more incremental research, and the
expected impact on the United States aircraft and airline
industries of that decision.
(B) The extent to which NASA should address military and
commercial needs.
(C) How NASA will coordinate its aeronautics program with
other Federal agencies.
(D) The extent to which NASA will fund university research,
and the expected impact of that funding on the supply of
United States workers for the aeronautics industry.
(E) The extent to which the priority areas of research
listed pursuant to paragraph (2)(A) should include the
activities authorized by title IV of this Act, the discussion
of which shall include a priority ranking of all of the
activities authorized in title IV and an explanation for that
ranking.
(4) Consultation.--In the development of the national
aeronautics policy, the Administrator shall consult widely
with academic and industry experts and with other Federal
agencies. The Administrator may enter into an arrangement
with the National Academy of Sciences to help develop the
national aeronautics policy.
(5) Schedule.--The Administrator shall transmit the
national aeronautics policy to the Committee on
Appropriations and the Committee on Science of the House of
Representatives, and to the Committee on Appropriations and
the Committee on Commerce, Science, and Transportation of the
Senate, not later than the date on which the President
submits the proposed budget for the Federal Government for
fiscal year 2007 to the Congress. The Administrator shall
make available to those committees any study done by a
nongovernmental entity that was used in the development of
the national aeronautics policy.
(d) Science.--
(1) In general.--The Administrator shall develop a policy
to guide the science programs of NASA through 2016.
(2) Content.--At a minimum, the policy shall describe--
(A) the missions NASA will initiate, design, develop,
launch, or operate in space science and earth science through
fiscal year 2016, including launch dates;
(B) a priority ranking of all of the missions listed under
subparagraph (A), and the rationale for the ranking;
(C) the budget assumptions on which the policy is based,
which for fiscal years 2006 and 2007 shall be consistent with
the authorizations provided in title II of this Act; and
(D) the facilities and personnel needed to carry out the
policy through fiscal year 2016.
(3) Considerations.--In developing the science policy under
this subsection, the Administrator shall consider the
following issues, which shall be discussed in the transmittal
under paragraph (6):
(A) What the most important scientific questions in space
science and earth science are.
(B) The relationship between NASA's space and earth science
activities and those of other Federal agencies.
(4) Consultation.--In developing the policy under this
subsection, the Administrator shall draw on decadal surveys
and other reports in planetary science, astronomy, solar and
space physics, earth science, and any other relevant fields
developed by the National Academy of Sciences. The
Administrator shall also consult widely with academic and
industry experts and with other Federal agencies.
(5) Hubble space telescope.--The policy developed under
this subsection shall address plans for a human mission to
repair the Hubble Space Telescope consistent with section 302
of this Act.
(6) Schedule.--The Administrator shall transmit the policy
developed under this subsection to the Committee on Science
of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate not later
than the date on which the President submits the proposed
budget for the Federal Government for fiscal year 2007 to the
Congress. The Administrator shall make available to those
committees any study done by a nongovernmental entity that
was used in the development of the policy.
(e) Facilities.--
(1) In general.--The Administrator shall develop a plan for
managing NASA's facilities through fiscal year 2015. The plan
shall be consistent with the policies and plans developed
pursuant to this section.
(2) Content.--At a minimum, the plan shall describe--
(A) any new facilities NASA intends to acquire, whether
through construction, purchase, or lease, and the expected
dates for doing so;
(B) any facilities NASA intends to significantly modify,
and the expected dates for doing so;
(C) any facilities NASA intends to close, and the expected
dates for doing so;
(D) any transaction NASA intends to conduct to sell, lease,
or otherwise transfer the ownership of a facility, and the
expected dates for doing so;
(E) how each of the actions described in subparagraphs (A),
(B), (C), and (D) will enhance the ability of NASA to carry
out its programs;
(F) the expected costs or savings expected from each of the
actions described in subparagraphs (A), (B), (C), and (D);
(G) the priority order of the actions described in
subparagraphs (A), (B), (C), and (D);
(H) the budget assumptions of the plan, which for fiscal
years 2006 and 2007 shall be consistent with the
authorizations provided in title II of this Act; and
(I) how facilities were evaluated in developing the plan.
(3) Schedule.--The Administrator shall transmit the plan
developed under this subsection to the Committee on Science
of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate not later
than the date on which the President submits the proposed
budget for the Federal Government for fiscal year 2008 to the
Congress.
(f) Workforce.--
(1) In general.--The Administrator shall develop a human
capital strategy to ensure that NASA has a workforce of the
appropriate size and with the appropriate skills to carry out
the programs of NASA, consistent with the policies and plans
developed pursuant to this section. The strategy shall cover
the period through fiscal year 2011.
(2) Content.--The strategy shall describe, at a minimum--
(A) any categories of employees NASA intends to reduce, the
expected size and timing of those reductions, the methods
NASA intends to use to make the reductions, and the reasons
NASA no longer needs those employees;
(B) any categories of employees NASA intends to increase,
the expected size and timing of those increases, the methods
NASA intends to use to recruit the additional employees, and
the reasons NASA needs those employees;
(C) the steps NASA will use to retain needed employees; and
(D) the budget assumptions of the strategy, which for
fiscal years 2006 and 2007 shall be consistent with the
authorizations provided in title II of this Act, and any
expected additional costs or savings from the strategy by
fiscal year.
(3) Schedule.--The Administrator shall transmit the
strategy developed under this subsection to the Committee on
Science of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate not later
than the date on which the President submits the proposed
budget for the Federal Government for fiscal year 2007 to the
Congress. At least 60 days before transmitting the strategy,
NASA shall provide a draft of the strategy to its Federal
Employee Unions for a 30-day consultation period after which
NASA shall respond in writing to any written concerns
provided by the Unions.
(4) Limitation.--NASA may not initiate any buyout offer or
Reduction in Force until 60 days after the strategy required
by this subsection has been transmitted to the Congress in
accordance with paragraph (3). NASA may not implement any
Reduction in Force or other involuntary separations prior to
October 1, 2006.
(g) Center Management.--
(1) In general.--The Administrator shall conduct a study to
determine whether any of NASA's centers should be operated by
or with the private sector by converting a center to a
Federally Funded Research and Development Center or through
any other mechanism.
(2) Content.--The study shall, at a minimum--
(A) make a recommendation for the operation of each center
and provide reasons for that recommendation; and
(B) describe the advantages and disadvantages of each mode
of operation considered in the study.
(3) Considerations.--In conducting the study, the
Administrator shall take into consideration the experiences
of other relevant Federal agencies in operating laboratories
and centers and any reports that have reviewed the mode of
operation of those laboratories and centers, as well as any
reports that have reviewed NASA's centers.
[[Page H6349]]
(4) Schedule.--The Administrator shall transmit the study
conducted under this subsection to the Committee on Science
of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate not later
than May 31, 2006.
(h) Budgets.--The proposed budget for NASA submitted by the
President for each fiscal year shall be accompanied by
documents showing--
(1) the budget for each element of the human space flight
program;
(2) the budget for aeronautics;
(3) the budget for space science;
(4) the budget for earth science;
(5) the budget for microgravity science;
(6) the budget for education;
(7) the budget for technology transfer programs;
(8) the budget for the Integrated Financial Management
Program, by individual element;
(9) the budget for the Independent Technical Authority,
both total and by center;
(10) the budget for public relations, by program;
(11) the comparable figures for at least the 2 previous
fiscal years for each item in the proposed budget;
(12) the amount of unobligated funds and unexpended funds,
by appropriations account--
(A) that remained at the end of the fiscal year prior to
the fiscal year in which the budget is being presented that
were carried over into the fiscal year in which the budget is
being presented;
(B) that are estimated will remain at the end of the fiscal
year in which the budget is being presented that are proposed
to be carried over into the fiscal year for which the budget
is being presented; and
(C) that are estimated will remain at the end of the fiscal
year for which the budget is being presented; and
(13) the budget for safety, by program.
(i) General and Administrative Expenses.--NASA shall make
available, upon request from the Committee on Science of the
House of Representatives or the Committee on Commerce,
Science, and Transportation of the Senate, information on
Corporate and Center General and Administrative Costs and
Service Pool costs, including--
(1) the total amount of funds being allocated for those
purposes for any fiscal year for which the President has
submitted an annual budget request to Congress;
(2) the amount of funds being allocated for those purposes
for each center, for headquarters, and for each directorate;
and
(3) the major activities included in each cost category.
(j) NASA Test Facilities.--
(1) Review.--The Director of the Office of Science and
Technology Policy shall commission an independent review of
the Nation's long-term strategic needs for test facilities
and shall submit the review to the Committee on Science of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate. The review shall
include an evaluation of the facility needs described
pursuant to subsection (c)(2)(C).
(2) Limitation.--The Administrator shall not close or
mothball any aeronautical test facilities identified in the
2003 independent assessment by the RAND Corporation, entitled
``Wind Tunnel and Propulsion Test Facilities: An Assessment
of NASA's Capabilities to Serve National Needs'' as being
part of the minimum set of those facilities necessary to
retain and manage to serve national needs, as well as any
other NASA test facilities that were in use as of January 1,
2004, until the review conducted under paragraph (1) has been
transmitted to the Congress.
SEC. 102. REPORTS.
(a) Immediate Issues.--Not later than September 30, 2005,
the Administrator shall transmit to the Committee on Science
of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report
on each of the following items:
(1) The research agenda for the ISS and its proposed final
configuration.
(2) The number of flights the Space Shuttle will make
before its retirement, the purpose of those flights, and the
expected date of the final flight.
(3) A description of the means, other than the Space
Shuttle, that may be used to ferry crew and cargo to and from
the ISS.
(4) A plan for the operation of the ISS in the event that
the Iran Nonproliferation Act of 2000 is not amended.
(5) A description of the launch vehicle for the Crew
Exploration Vehicle.
(6) A description of any heavy lift vehicle NASA intends to
develop, the intended uses of that vehicle, and whether the
decision to develop that vehicle has undergone an interagency
review.
(7) A description of the intended purpose of lunar missions
and the architecture for those missions.
(8) The program goals for Project Prometheus.
(9) A plan for managing the cost increase for the James
Webb Space Telescope.
(b) Crew Exploration Vehicle.--The Administrator shall not
enter into a development contract for the Crew Exploration
Vehicle until at least 30 days after the Administrator has
transmitted to the Committee on Science of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report describing--
(1) the expected cost of the Crew Exploration Vehicle
through fiscal year 2020, based on the specifications for
that development contract;
(2) the expected budgets for each fiscal year through
fiscal year 2020 for human space flight, aeronautics, space
science, and earth science--
(A) first assuming inflationary growth for the budget of
NASA as a whole and including costs for the Crew Exploration
Vehicle as projected under paragraph (1); and
(B) then assuming inflationary growth for the budget of
NASA as a whole and including at least two cost estimates for
the Crew Exploration Vehicle that are higher than those
projected under paragraph (1), based on NASA's past
experience with cost increases for similar programs, along
with a description of the reasons for selecting the cost
estimates used for the calculations under this subparagraph
and the probability that the cost of the Crew Exploration
Vehicle will reach those estimated amounts; and
(3) the extent to which the Crew Exploration Vehicle will
allow for the escape of the crew in the event of an
emergency.
(c) Space Communications Study.--
(1) Study.--The Administrator shall develop a plan for
updating NASA's space communications architecture for both
low-Earth orbital operations and deep space exploration so
that it is capable of meeting NASA's needs over the next 20
years. The plan shall also include life-cycle cost estimates,
milestones, estimated performance capabilities, and 5-year
funding profiles. The plan shall also include an estimate of
the amounts of any reimbursements NASA is likely to receive
from other Federal agencies during the expected life of the
upgrades described in the plan. The plan shall include a
description of the following:
(A) Projected Deep Space Network requirements for the next
decade, including those in support of human space exploration
missions.
(B) Upgrades needed to support Deep Space Network
requirements.
(C) Cost estimates for the maintenance of existing Deep
Space Network capabilities.
(D) Cost estimates and schedules for the upgrades described
in subparagraph (B).
(2) Consultations.--The Administrator shall consult with
other relevant Federal agencies in developing the plan under
this subsection.
(3) Report.--The Administrator shall transmit the plan
under this subsection to the Committee on Science of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate not later than
February 17, 2007.
(d) Public Relations.--Not later than December 31, 2005,
the Administrator shall transmit a plan to the Committee on
Appropriations and the Committee on Science of the House of
Representatives, and to the Committee on Appropriations and
the Committee on Commerce, Science, and Transportation of the
Senate, describing the activities that will be undertaken as
part of the national awareness campaign required by the
report of the Committee on Appropriations of the House of
Representatives accompanying the Science, State, Justice,
Commerce, and Related Agencies Appropriations Act, 2006, and
the expected cost of those activities. NASA may undertake
activities as part of the national awareness campaign prior
to the transmittal of the plan required by this subsection,
but not until 15 days after notifying the Committee on
Science of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate of any
activity. The plan required by this subsection shall include
the estimated costs of any activities undertaken pursuant to
notice under the preceding sentence.
(e) Joint Dark Energy Mission.--The Administrator and the
Director of the Department of Energy Office of Science shall
jointly transmit to the Committee on Science of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate, not later than the date on
which the President submits the proposed budget for the
Federal Government for fiscal year 2007, a report on plans
for a Joint Dark Energy Mission. The report shall include the
amount of funds each agency intends to expend on the Joint
Dark Energy Mission for each of the fiscal years 2007 through
2011, and any specific milestones for the development and
launch of the Mission.
(f) Shuttle Employee Transition.--The Administrator shall
consult with other appropriate Federal agencies and with NASA
contractors and employees to develop a transition plan for
Federal and contractor personnel engaged in the Space Shuttle
program. The plan shall include actions to assist Federal and
contractor personnel to take advantage of training,
retraining, job placement, and relocation programs, and any
other actions that NASA will take to assist the employees.
The plan shall also describe how the Administrator will
ensure that NASA and its contractors will have an appropriate
complement of employees to allow for the safest possible use
of the Space Shuttle through its final flight. The
Administrator shall transmit the plan to the Committee on
Science of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate not later
than 90 days after the date of enactment of this Act.
(g) Office of Science and Technology Policy.--
(1) Study.--The Director of the Office of Science and
Technology Policy shall conduct a study to determine--
(A) if any research and development programs of NASA are
unnecessarily duplicating aspects of programs of other
Federal agencies; and
(B) if any research and development programs of NASA are
neglecting any topics of national interest that are related
to the mission of NASA.
(2) Report.--Not later than March 1, 2006, the Director of
the Office of Science and Technology Policy shall transmit to
the Committee on Science of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the
Senate a report that--
(A) describes the results of the study under paragraph (1);
(B) lists the research and development programs of Federal
agencies other than NASA that were reviewed as part of the
study, which shall
[[Page H6350]]
include any program supporting research and development in an
area related to the programs of NASA, and the most recent
budget figures for those programs of other agencies;
(C) recommends any changes to the research and development
programs of NASA that should be made to eliminate unnecessary
duplication or address topics of national interest; and
(D) describes mechanisms the Office of Science and
Technology Policy will use to ensure adequate coordination
between NASA and Federal agencies that operate related
programs.
SEC. 103. BASELINES AND COST CONTROLS.
(a) Conditions for Development.--
(1) In general.--NASA shall not enter into a contract for
the development phase of a major program unless the
Administrator determines that--
(A) the technical, cost, and schedule risks of the program
are clearly identified and the program has developed a plan
to manage those risks; and
(B) the program complies with all relevant policies,
regulations, and directives of NASA.
(2) Report.--The Administrator shall transmit a report
describing the basis for the determination required under
paragraph (1) to the Committee on Science of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate at least 30 days before entering
into a contract for development under a major program.
(3) Nondelegation.--The Administrator may not delegate the
determination requirement under this subsection.
(b) Major Program Annual Reports.--
(1) Requirement.--Not later than February 15 of each year
following the date of enactment of this Act, the
Administrator shall transmit to the Committee on Science of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report on each
major program for which NASA proposes to expend funds in the
subsequent fiscal year. Reports under this section shall be
known as Major Program Annual Reports.
(2) Baseline report.--The first Major Program Annual Report
for each major program shall include a Baseline Report that
shall, at a minimum, include--
(A) the purposes of the program and key technical
characteristics necessary to fulfill those purposes;
(B) an estimate of the life-cycle cost for the program,
with a detailed breakout of the development cost and an
estimate of the annual costs until the development is
completed;
(C) the schedule for the development, including key program
milestones; and
(D) the name of the person responsible for making
notifications under subsection (c), who shall be an
individual whose primary responsibility is overseeing the
program.
(3) Information updates.--For major programs with respect
to which a Baseline Report has been previously submitted,
each subsequent Major Program Annual Report shall describe
any changes to the information that had been provided in the
Baseline Report, and the reasons for those changes.
(c) Notification.--
(1) Requirement.--The individual identified under
subsection (b)(2)(D) shall immediately notify the
Administrator any time that individual has reasonable cause
to believe that, for the major program for which he or she is
responsible--
(A) the development cost of the program is likely to exceed
the estimate provided in the Baseline Report of the program
by 15 percent or more; or
(B) a milestone of the program is likely to be delayed by 6
months or more from the date provided for it in the Baseline
Report of the program.
(2) Reasons.--Not later than 7 days after the notification
required under paragraph (1), the individual identified under
subsection (b)(2)(D) shall transmit to the Administrator a
written notification explaining the reasons for the change in
the cost or milestone of the program for which notification
was provided under paragraph (1).
(3) Notification of congress.--Not later than 5 days after
the Administrator receives a written notification under
paragraph (2), the Administrator shall transmit the
notification to the Committee on Science of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
(d) Fifteen Percent Threshold.--Not later than 30 days
after receiving a written notification under subsection
(c)(2), the Administrator shall determine whether the
development cost of the program is likely to exceed the
estimate provided in the Baseline Report of the program by 15
percent or more, or whether a milestone is likely to be
delayed by 6 months or more. If the determination is
affirmative, the Administrator shall--
(1) transmit to the Committee on Science of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate, not later than 14 days after
making the determination, a report that includes--
(A) a description of the increase in cost or delay in
schedule and a detailed explanation for the increase or
delay;
(B) a description of actions taken or proposed to be taken
in response to the cost increase or delay; and
(C) a description of any impacts the cost increase or
schedule delay will have on any other program within NASA;
and
(2) if the Administrator intends to continue with the
program, promptly initiate an analysis of the program, which
shall include, at a minimum--
(A) the projected cost and schedule for completing the
program if current requirements of the program are not
modified;
(B) the projected cost and the schedule for completing the
program after instituting the actions described under
paragraph (1)(B); and
(C) a description of, and the projected cost and schedule
for, a broad range of alternatives to the program.
NASA shall complete an analysis initiated under paragraph (2)
not later than 6 months after the Administrator makes a
determination under this subsection. The Administrator shall
transmit the analysis to the Committee on Science of the
House of Representatives and Committee on Commerce, Science,
and Transportation of the Senate not later than 30 days after
its completion.
(e) Thirty Percent Threshold.--If the Administrator
determines under subsection (d) that the development cost of
a program will exceed the estimate provided in the Baseline
Report of the program by more than the lower of 30 percent or
$1,000,000,000, then, beginning 1 year after the date the
Administrator transmits a report under subsection (d)(1), the
Administrator shall not expend any additional funds on the
program, other than termination costs, unless the Congress
has subsequently authorized continuation of the program by
law. If the program is continued, the Administrator shall
submit a new Baseline Report for the program no later than 90
days after the date of enactment of the Act under which
Congress has authorized continuation of the program.
(f) Definitions.--For the purposes of this section--
(1) the term ``development'' means the phase of a program
following the formulation phase and beginning with the
approval to proceed to implementation, as defined in NASA's
Procedural Requirements 7120.5c, dated March 22, 2005;
(2) the term ``development cost'' means the total of all
costs, including construction of facilities and civil servant
costs, from the period beginning with the approval to proceed
to implementation through the achievement of operational
readiness, without regard to funding source or management
control, for the life of the program;
(3) the term ``life-cycle cost'' means the total of the
direct, indirect, recurring, and nonrecurring costs,
including the construction of facilities and civil servant
costs, and other related expenses incurred or estimated to be
incurred in the design, development, verification,
production, operation, maintenance, support, and retirement
of a program over its planned lifespan, without regard to
funding source or management control; and
(4) the term ``major program'' means an activity approved
to proceed to implementation that has an estimated life-cycle
cost of more than $100,000,000.
SEC. 104. PRIZE AUTHORITY.
The National Aeronautics and Space Act of 1958 (42 U.S.C.
2451, et seq.) is amended by inserting after section 313 the
following new section:
``Prize authority
``Sec. 314. (a) In General.--The Administration may carry
out a program to competitively award cash prizes to stimulate
innovation in basic and applied research, technology
development, and prototype demonstration that have the
potential for application to the performance of the space and
aeronautical activities of the Administration. The
Administration may carry out a program to award prizes only
in conformity with this section.
``(b) Topics.--In selecting topics for prize competitions,
the Administrator shall consult widely both within and
outside the Federal Government, and may empanel advisory
committees.
``(c) Advertising.--The Administrator shall widely
advertise prize competitions to encourage participation.
``(d) Requirements and Registration.--For each prize
competition, the Administrator shall publish a notice in the
Federal Register announcing the subject of the competition,
the rules for being eligible to participate in the
competition, the amount of the prize, and the basis on which
a winner will be selected.
``(e) Eligibility.--To be eligible to win a prize under
this section, an individual or entity--
``(1) shall have registered to participate in the
competition pursuant to any rules promulgated by the
Administrator under subsection (d);
``(2) shall have complied with all the requirements under
this section;
``(3) in the case of a private entity, shall be
incorporated in and maintain a primary place of business in
the United States, and in the case of an individual, whether
participating singly or in a group, shall be a citizen or
permanent resident of the United States; and
``(4) shall not be a Federal entity or Federal employee
acting within the scope of their employment.
``(f) Liability.--(1) Registered participants must agree to
assume any and all risks and waive claims against the United
States Government and its related entities, except in the
case of willful misconduct, for any injury, death, damage, or
loss of property, revenue, or profits, whether direct,
indirect, or consequential, arising from their participation
in a competition, whether such injury, death, damage, or loss
arises through negligence or otherwise. For the purposes of
this subparagraph, the term `related entity' means a
contractor or subcontractor at any tier, and a supplier,
user, customer, cooperating party, grantee, investigator, or
detailee.
``(2) Participants must obtain liability insurance or
demonstrate financial responsibility in amounts to compensate
for the maximum probable loss, as determined by the
Administrator, from claims by--
``(A) a third party for death, bodily injury, or property
damage, or loss resulting from an activity carried out in
connection with participation in a competition, with the
Federal Government named as an additional insured under the
[[Page H6351]]
registered participant's insurance policy and registered
participants agreeing to indemnify the Federal Government
against third party claims for damages arising from or
related to competition activities; and
``(B) the United States Government for damage or loss to
Government property resulting from such an activity.
``(g) Judges.--For each competition, the Administration,
either directly or through a contract under subsection (h),
shall assemble a panel of qualified judges from both within
and outside the Administration to select the winner or
winners of the prize competition on the basis described
pursuant to subsection (d). Judges for each competition shall
include individuals from the private sector. A judge may
not--
``(1) have personal or financial interests in, or be
employees, officers, directors, or agents of, any entity that
is a registered participant in a competition; or
``(2) have a familial or financial relationship with an
individual who is a registered participant.
``(h) Administering the Competition.--The Administrator may
enter into an agreement with a private, nonprofit entity to
administer the prize competition, subject to the provisions
of this section.
``(i) Funding.--(1) The Administrator may accept funds from
other Federal agencies and from the private sector for cash
prizes under this section. Such funds shall not increase the
amount of a prize after the amount has been announced
pursuant to subsection (d). The Administrator may not give
any special consideration to any private sector entity in
return for a donation.
``(2) Funds appropriated for the program under this section
shall remain available until expended, and may be
transferred, reprogrammed, or expended for other purposes
only after the expiration of 10 fiscal years after the fiscal
year for which the funds were originally appropriated. No
provision in this section permits obligation or payment of
funds in violation of the Anti-Deficiency Act (31 U.S.C.
1341).
``(3) No prize may be announced under subsection (d) until
all the funds for that prize have been appropriated or
obligated for such purpose by a private sector source.
``(4) No prize competition under this section may offer a
prize in an amount greater than $10,000,000 unless 30 days
have elapsed after written notice has been provided to the
Committee on Science of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate.
``(j) Use of NASA Name and Insignia.--A registered
participant in a competition under this section may use the
Administration's name, initials, or insignia only after prior
review and written approval by the Administration.
``(k) Compliance With Existing Law.--The Federal Government
shall not, by virtue of offering or providing a prize under
this section, be responsible for compliance by registered
participants in a prize competition with Federal law,
including licensing, export control, and nonproliferation
laws, and related regulations.''.
SEC. 105. FOREIGN LAUNCH VEHICLES.
(a) Accord With Space Transportation Policy.--NASA shall
not launch a mission on a foreign launch vehicle except in
accordance with the Space Transportation Policy announced by
the President on December 21, 2004.
(b) Interagency Coordination.--NASA shall not launch a
mission on a foreign launch vehicle unless NASA commenced the
interagency coordination required by the Space Transportation
Policy announced by the President on December 21, 2004, at
least 90 days before entering into a development contract for
the mission.
(c) Application.--This section shall not apply to any
mission for which development has begun prior to the date of
enactment of this Act, including the James Webb Space
Telescope.
SEC. 106. SAFETY MANAGEMENT.
Section 6 of the National Aeronautics and Space
Administration Authorization Act, 1968 (42 U.S.C. 2477) is
amended--
(1) by inserting ``(a) In General.--'' before ``There is
hereby'';
(2) by striking ``plans referred to it'' and inserting
``plans referred to it, including evaluating the National
Aeronautics and Space Administration's compliance with the
return-to-flight and continue-to-fly recommendations of the
Columbia Accident Investigation Board,'';
(3) by inserting ``and the Congress'' after ``advise the
Administrator'';
(4) by striking ``and with respect to the adequacy of
proposed or existing safety standards and shall'' and
inserting ``, with respect to the adequacy of proposed or
existing safety standards, and with respect to management and
culture. The Panel shall also''; and
(5) by adding at the end the following:
``(b) Annual Report.--The Panel shall submit an annual
report to the Administrator and to the Congress. In the first
annual report submitted after the date of enactment of the
National Aeronautics and Space Administration Authorization
Act of 2005, the Panel shall include an evaluation of the
Administration's safety management culture. Each annual
report shall include an evaluation of the Administration's
compliance with the recommendations of the Columbia Accident
Investigation Board.''.
SEC. 107. LESSONS LEARNED AND BEST PRACTICES.
(a) In General.--The Administrator shall provide an
implementation plan describing NASA's approach for obtaining,
implementing, and sharing lessons learned and best practices
for its major programs and projects not later than 180 days
after the date of enactment of this Act. The implementation
plan shall be updated and maintained to ensure that it is
current and consistent with the burgeoning culture of
learning and safety that is emerging at NASA.
(b) Required Content.--The implementation plan shall
contain at a minimum the lessons learned and best practices
requirements for NASA, the organizations or positions
responsible for enforcement of the requirements, the
reporting structure, and the objective performance measures
indicating the effectiveness of the activity.
(c) Incentives.--The Administrator shall provide incentives
to encourage sharing and implementation of lessons learned
and best practices by employees, projects, and programs, as
well as penalties for programs and projects that are
determined not to have demonstrated use of those resources.
SEC. 108. COMMERCIALIZATION PLAN.
(a) In General.--The Administrator, in consultation with
other relevant agencies, shall develop a commercialization
plan to support the human missions to the Moon and Mars, to
support Low-Earth Orbit activities and Earth science missions
and applications, and to transfer science research and
technology to society. The plan shall identify opportunities
for the private sector to participate in the future missions
and activities, including opportunities for partnership
between NASA and the private sector in conducting research
and the development of technologies and services. The plan
shall include provisions for developing and funding sustained
university and industry partnerships to conduct commercial
research and technology development, to proactively translate
results of space research to Earth benefits, to advance
United States economic interests, and to support the vision
for exploration.
(b) Report.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall submit a copy
of the plan to the Committee on Science of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
SEC. 109. STUDY ON THE FEASIBILITY OF USE OF GROUND SOURCE
HEAT PUMPS.
(a) In General.--The Administrator shall conduct a
feasibility study on the use of ground source heat pumps in
future NASA facilities or substantial renovation of existing
NASA facilities involving the installation of heating,
ventilating, and air conditioning systems.
(b) Contents.--The study shall examine--
(1) the life-cycle costs, including maintenance costs, of
the operation of such heat pumps compared to generally
available heating, cooling, and water heating equipment;
(2) barriers to installation, such as availability and
suitability of terrain; and
(3) such other issues as the Administrator considers
appropriate.
(c) Definition.--In this section, the term ``ground source
heat pump'' means an electric-powered system that uses the
Earth's relatively constant temperature to provide heating,
cooling, or hot water.
TITLE II--AUTHORIZATION OF APPROPRIATIONS
SEC. 201. STRUCTURE OF BUDGETARY ACCOUNTS.
Section 313 of the National Aeronautics and Space Act of
1958 (42 U.S.C. 2459f) is amended to read as follows:
``SEC. 313. BUDGETARY ACCOUNTS.
``Appropriations for the Administration for fiscal year
2007 and thereafter shall be made in four accounts, `Science,
Aeronautics, and Education', `Exploration Systems', `Space
Operations', and an account for amounts appropriated for the
necessary expenses of the Office of the Inspector General.
Appropriations shall remain available for two fiscal years,
unless otherwise specified in law. Each account shall include
the planned full costs of Administration activities.''.
SEC. 202. FISCAL YEAR 2006.
There are authorized to be appropriated to NASA for fiscal
year 2006 $16,471,050,000, as follows:
(1) For Science, Aeronautics and Education (including
amounts for construction of facilities), $6,870,250,000 of
which--
(A) $962,000,000 shall be for Aeronautics;
(B) $150,000,000 shall be for a Hubble Space Telescope
servicing mission; and
(C) $24,000,000 shall be for the National Space Grant
College and Fellowship Program.
(2) For Exploration Systems (including amounts for
construction of facilities), $3,181,100,000.
(3) For Space Operations (including amounts for
construction of facilities), $6,387,300,000.
(4) For the Office of Inspector General, $32,400,000.
SEC. 203. FISCAL YEAR 2007.
There are authorized to be appropriated to NASA for fiscal
year 2007 $16,962,000,000, as follows:
(1) For Science, Aeronautics and Education (including
amounts for construction of facilities), $7,331,600,000 of
which--
(A) $990,000,000 shall be for Aeronautics; and
(B) $24,000,000 shall be for the National Space Grant
College and Fellowship Program.
(2) For Exploration Systems (including amounts for
construction of facilities), $3,589,200,000.
(3) For Space Operations (including amounts for
construction of facilities), $6,007,700,000.
(4) For the Office of Inspector General, $33,500,000.
SEC. 204. ISS RESEARCH.
The Administrator shall allocate at least 15 percent of the
funds budgeted for ISS research to research that is not
directly related to supporting the human exploration program.
SEC. 205. TEST FACILITIES.
(a) Charges.--The Administrator shall establish a policy of
charging users of NASA's test facilities for the costs
associated with their tests at a level that is competitive
with alternative test
[[Page H6352]]
facilities. As a general principle, NASA shall not seek to
recover the full costs of the operation of those facilities
from the users. The Administrator shall not implement a
policy of seeking full cost recovery for a facility until at
least 30 days after transmitting a notice to the Committee on
Science of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate.
(b) Funding Account.--The Administrator shall establish a
funding account that shall be used for all test facilities.
The account shall be sufficient to maintain the viability of
test facilities during periods of low utilization.
SEC. 206. PROPORTIONALITY.
If the total amount appropriated for NASA pursuant to
section 202 or 203 is less than the amount authorized under
such section, the amounts authorized under each of the
accounts specified in such section shall be reduced
proportionately.
SEC. 207. LIMITATIONS ON AUTHORITY.
Notwithstanding any other provision of this Act, no amount
appropriated pursuant to this Act may be used for any program
in excess of the amount actually authorized for the
particular program by section 202 or 203, unless a period of
30 days has passed after the receipt, by each such Committee,
of notice given by the Administrator containing a full and
complete statement of the action proposed to be taken and the
facts and circumstances relied upon in support of such a
proposed action. NASA shall keep the Committee on Science of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate fully and currently
informed with respect to all activities and responsibilities
within the jurisdiction of those Committees.
SEC. 208. NOTICE OF REPROGRAMMING.
If any funds authorized by this Act are subject to a
reprogramming action that requires notice to be provided to
the Appropriations Committees of the House of Representatives
and the Senate, notice of such action shall concurrently be
provided to the Committee on Science of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
SEC. 209. COST OVERRUNS.
When reprogramming funds to cover unexpected cost growth
within a program, the Administrator shall, to the maximum
extent practicable, protect funds intended for fundamental
and applied Research and Analysis.
SEC. 210. OFFICIAL REPRESENTATIONAL FUND.
Amounts appropriated pursuant to this Act may be used, but
not to exceed a total of $35,000 in any fiscal year, for
official reception and representation expenses.
SEC. 211. INTERNATIONAL SPACE STATION COST CAP.
Section 202 of the National Aeronautics and Space
Administration Authorization Act of 2000 (42 U.S.C. 2451
note) is repealed.
TITLE III--SCIENCE
Subtitle A--General Provisions
SEC. 301. PERFORMANCE ASSESSMENTS.
(a) In General.--Performance of each discipline in the
Science account of NASA shall be reviewed and assessed by the
National Academy of Sciences at 5-year intervals.
(b) Timing.--Beginning with the first fiscal year following
the date of enactment of this Act, the Administrator shall
select at least one discipline for review under this section.
The Administrator shall select disciplines so that all
disciplines will have received their first review within six
fiscal years of the date of enactment of this Act.
(c) Reports.--Each year, beginning with the first fiscal
year after the date of enactment of this Act, the
Administrator shall transmit a report to the Committee on
Science of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate--
(1) setting forth in detail the results of any external
review under subsection (a);
(2) setting forth in detail actions taken by NASA in
response to any external review; and
(3) including a summary of findings and recommendations
from any other relevant external reviews of NASA's science
mission priorities and programs.
SEC. 302. STATUS REPORT ON HUBBLE SPACE TELESCOPE SERVICING
MISSION.
It is the sense of the Congress that the Hubble Space
Telescope is an extraordinary instrument that has provided,
and should continue to provide, answers to profound
scientific questions. In accordance with the recommendations
of the National Academy of Sciences, all appropriate efforts
should be expended to complete the Space Shuttle servicing
mission. Upon successful completion of the planned return-to-
flight schedule of the Space Shuttle, the schedule for a
Space Shuttle servicing mission to the Hubble Space Telescope
shall be determined, unless such a mission would compromise
astronaut safety. Not later than 60 days after the landing of
the second Space Shuttle mission for return-to-flight
certification, the Administrator shall transmit to the
Committee on Science of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a status report on plans for a Hubble Space Telescope
servicing mission.
SEC. 303. INDEPENDENT ASSESSMENT OF LANDSAT-NPOESS INTEGRATED
MISSION.
(a) Assessment.--In view of the importance of ensuring
continuity of Landsat data and in view of the challenges
facing the National Polar-Orbiting Environmental Satellite
System program, the Administrator shall seek an independent
assessment of the costs as well as the technical, cost, and
schedule risks associated with incorporating the Landsat
instrument on the first National Polar-Orbiting Environmental
Satellite System spacecraft versus undertaking a dedicated
Landsat data ``gap-filler'' mission followed by the
incorporation of the Landsat instrument on the second
National Polar-Orbiting Environmental Satellite System
spacecraft. The assessment shall also include an evaluation
of the budgetary requirements of each of the options under
consideration.
(b) Report.--The Administrator shall transmit the
independent assessment to the Committee on Science of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate not later than 180
days after the date of enactment of this Act.
SEC. 304. ASSESSMENT OF SCIENCE MISSION EXTENSIONS.
(a) Assessment.--The Administrator shall carry out annual
termination reviews within each of the Science disciplines to
assess the cost and benefits of extending the date of the
termination of data collection for those missions which are
beyond their primary goals. In addition:
(1) Not later than 60 days after the date of enactment of
this Act, the Administrator shall carry out such an
assessment for the following missions: FAST, TIMED, Cluster,
Wind, Geotail, Polar, TRACE, Ulysses, and Voyager.
(2) For those missions that have an operational component,
the National Oceanic and Atmospheric Administration shall be
consulted and the potential benefits of instruments on
missions which are beyond their primary goals taken into
account.
(b) Report.--Not later than 30 days after completing the
assessments required by subsection (a)(1), the Administrator
shall transmit a report on the assessment to the Committee on
Science of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate.
SEC. 305. MICROGRAVITY RESEARCH.
(a) In General.--The Administrator shall--
(1) not later than 60 days after the date of enactment of
this Act, provide to the Committee on Science of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate an assessment of microgravity
research planned for implementation aboard the ISS that
includes the identification of research which can be
performed in ground-based facilities and then validated in
space;
(2) ensure the capacity to support ground-based research
leading to space-based basic and applied scientific research
in a variety of disciplines with potential direct national
benefits and applications that can advance significantly from
the uniqueness of microgravity and the space environment; and
(3) carry out, to the maximum extent practicable basic,
applied, and commercial ISS research activities such as
molecular crystal growth, animal research, basic fluid
physics, combustion research, cellular biotechnology, low
temperature physics, and cellular research at a level which
will sustain the existing scientific expertise and research
capabilities.
(b) On-Orbit Capabilities.--The Administrator shall ensure
that the on-orbit analytical capabilities of the ISS are
sufficient to support any diagnostic human research and on-
orbit characterization of molecular crystal growth, cellular
research, and other research that NASA believes is necessary
to conduct, but for which NASA lacks the capacity to return
the materials that need to be analyzed to Earth.
(c) Assessment of Potential Scientific Uses.--The
Administrator shall assess further potential scientific uses
of the ISS for other applications, such as technology
development, development of manufacturing processes, Earth
observation and characterization, and astronomical
observations.
SEC. 306. COORDINATION WITH THE NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION.
(a) Joint Working Group.--The Administrator and the
Administrator of the National Oceanic and Atmospheric
Administration shall appoint a Joint Working Group, which
shall review and monitor missions of the two agencies to
ensure maximum coordination in the design, operation, and
transition of missions. The Joint Working Group shall also
prepare the transition plans required by subsection (c).
(b) Coordination Report.--Not later than February 15 of
each year, the Under Secretary of Commerce for Oceans and
Atmosphere and the Administrator shall jointly transmit a
report to the Committee on Science of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate on how the earth science
programs of the National Oceanic and Atmospheric
Administration and NASA will be coordinated during the fiscal
year following the fiscal year in which the report is
transmitted.
(c) Coordination of Transition Planning and Reporting.--The
Administrator, in conjunction with the Administrator of the
National Oceanic and Atmospheric Administration, shall
evaluate all NASA missions for their potential operational
capabilities and shall prepare transition plans for all
existing and future Earth observing systems found to have
potential operational capabilities and all National Oceanic
and Atmospheric Administration operational space-based
systems.
(d) Limitation.--The Administrator shall not transfer any
NASA earth science mission or Earth observing system to the
National Oceanic and Atmospheric Administration until the
transition plan required under subsection (c) has been
approved by the Administrator and the Administrator of the
National Oceanic and Atmospheric Administration and until
financial resources have been identified to support the
transition or transfer in the President's budget request for
the National Oceanic and Atmospheric Administration.
[[Page H6353]]
Subtitle B--Remote Sensing
SEC. 311. DEFINITIONS.
In this subtitle--
(1) the term ``geospatial information'' means knowledge of
the nature and distribution of physical and cultural features
on the landscape based on analysis of data from airborne or
spaceborne platforms or other types and sources of data;
(2) the term ``high resolution'' means resolution better
than five meters; and
(3) the term ``institution of higher education'' has the
meaning given that term in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a)).
SEC. 312. PILOT PROJECTS TO ENCOURAGE PUBLIC SECTOR
APPLICATIONS.
(a) In General.--The Administrator shall establish a
program of grants for competitively awarded pilot projects to
explore the integrated use of sources of remote sensing and
other geospatial information to address State, local,
regional, and tribal agency needs.
(b) Preferred Projects.--In awarding grants under this
section, the Administrator shall give preference to projects
that--
(1) make use of commercial data sets, including high
resolution commercial satellite imagery and derived satellite
data products, existing public data sets where commercial
data sets are not available or applicable, or the fusion of
such data sets;
(2) integrate multiple sources of geospatial information,
such as geographic information system data, satellite-
provided positioning data, and remotely sensed data, in
innovative ways;
(3) include funds or in-kind contributions from non-Federal
sources;
(4) involve the participation of commercial entities that
process raw or lightly processed data, often merging that
data with other geospatial information, to create data
products that have significant value added to the original
data; and
(5) taken together demonstrate as diverse a set of public
sector applications as possible.
(c) Opportunities.--In carrying out this section, the
Administrator shall seek opportunities to assist--
(1) in the development of commercial applications
potentially available from the remote sensing industry; and
(2) State, local, regional, and tribal agencies in applying
remote sensing and other geospatial information technologies
for growth management.
(d) Duration.--Assistance for a pilot project under
subsection (a) shall be provided for a period not to exceed 3
years.
(e) Report.--Each recipient of a grant under subsection (a)
shall transmit a report to the Administrator on the results
of the pilot project within 180 days of the completion of
that project.
(f) Workshop.--Each recipient of a grant under subsection
(a) shall, not later than 180 days after the completion of
the pilot project, conduct at least one workshop for
potential users to disseminate the lessons learned from the
pilot project as widely as feasible.
(g) Regulations.--The Administrator shall issue regulations
establishing application, selection, and implementation
procedures for pilot projects, and guidelines for reports and
workshops required by this section.
SEC. 313. PROGRAM EVALUATION.
(a) Advisory Committee.--The Administrator shall establish
an advisory committee, consisting of individuals with
appropriate expertise in State, local, regional, and tribal
agencies, the university research community, and the remote
sensing and other geospatial information industry, to monitor
the program established under section 312. The advisory
committee shall consult with the Federal Geographic Data
Committee and other appropriate industry representatives and
organizations. Notwithstanding section 14 of the Federal
Advisory Committee Act, the advisory committee established
under this subsection shall remain in effect until the
termination of the program under section 312.
(b) Effectiveness Evaluation.--Not later than December 31,
2009, the Administrator shall transmit to the Congress an
evaluation of the effectiveness of the program established
under section 312 in exploring and promoting the integrated
use of sources of remote sensing and other geospatial
information to address State, local, regional, and tribal
agency needs. Such evaluation shall have been conducted by an
independent entity.
SEC. 314. DATA AVAILABILITY.
The Administrator shall ensure that the results of each of
the pilot projects completed under section 312 shall be
retrievable through an electronic, Internet-accessible
database.
SEC. 315. EDUCATION.
The Administrator shall establish an educational outreach
program to increase awareness at institutions of higher
education and State, local, regional, and tribal agencies of
the potential applications of remote sensing and other
geospatial information.
Subtitle C--George E. Brown, Jr. Near-Earth Object Survey
SEC. 321. GEORGE E. BROWN, JR. NEAR-EARTH OBJECT SURVEY.
(a) Short Title.--This section may be cited as the ``George
E. Brown, Jr. Near-Earth Object Survey Act''.
(b) Findings.--The Congress makes the following findings:
(1) Near-Earth objects pose a serious and credible threat
to humankind, as many scientists believe that a major
asteroid or comet was responsible for the mass extinction of
the majority of the Earth's species, including the dinosaurs,
nearly 65,000,000 years ago.
(2) Similar objects have struck the Earth or passed through
the Earth's atmosphere several times in the Earth's history
and pose a similar threat in the future.
(3) Several such near-Earth objects have only been
discovered within days of the objects' closest approach to
Earth, and recent discoveries of such large objects indicate
that many large near-Earth objects remain undiscovered.
(4) The efforts taken to date by NASA for detecting and
characterizing the hazards of near-Earth objects are not
sufficient to fully determine the threat posed by such
objects to cause widespread destruction and loss of life.
(c) Definitions.--For purposes of this section the term
``near-Earth object'' means an asteroid or comet with a
perihelion distance of less that 1.3 Astronomical Units from
the Sun.
(d) Near-Earth Object Survey.--
(1) Survey program.--The Administrator shall plan, develop,
and implement a Near-Earth Object Survey program to detect,
track, catalogue, and characterize the physical
characteristics of near-Earth objects equal to or greater
than 100 meters in diameter in order to assess the threat of
such near-Earth objects to the Earth. It shall be the goal of
the Survey program to achieve 90 percent completion of its
near-Earth object catalogue (based on statistically predicted
populations of near-Earth objects) within 15 years after the
date of enactment of this Act.
(2) Amendments.--Section 102 of the National Aeronautics
and Space Act of 1958 (42 U.S.C. 2451) is amended--
(A) by redesignating subsection (g) as subsection (h);
(B) by inserting after subsection (f) the following new
subsection:
``(g) The Congress declares that the general welfare and
security of the United States require that the unique
competence of the National Aeronautics and Space
Administration be directed to detecting, tracking,
cataloguing, and characterizing near-Earth asteroids and
comets in order to provide warning and mitigation of the
potential hazard of such near-Earth objects to the Earth.'';
and
(C) in subsection (h), as so redesignated by subparagraph
(A) of this paragraph, by striking ``and (f)'' and inserting
``(f), and (g)''.
(3) Annual report.--The Administrator shall transmit to the
Congress, not later than February 28 of each of the next 5
years beginning after the date of enactment of this Act, a
report that provides the following:
(A) A summary of all activities taken pursuant to paragraph
(1) for the previous fiscal year.
(B) A summary of expenditures for all activities pursuant
to paragraph (1) for the previous fiscal year.
(4) Initial report.--The Administrator shall transmit to
Congress not later than 1 year after the date of enactment of
this Act an initial report that provides the following:
(A) An analysis of possible alternatives that NASA may
employ to carry out the Survey program, including ground-
based and space-based alternatives with technical
descriptions.
(B) A recommended option and proposed budget to carry out
the Survey program pursuant to the recommended option.
(C) An analysis of possible alternatives that NASA could
employ to divert an object on a likely collision course with
Earth.
TITLE IV--AERONAUTICS
SEC. 401. DEFINITION.
For purposes of this title, the term ``institution of
higher education'' has the meaning given that term by section
101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
Subtitle A--National Policy for Aeronautics Research and Development
SEC. 411. POLICY.
It shall be the policy of the United States to reaffirm the
National Aeronautics and Space Act of 1958 and its
identification of aeronautical research and development as a
core mission of NASA. Further, it shall be the policy of the
United States to promote aeronautical research and
development that will expand the capacity, ensure the safety,
and increase the efficiency of the Nation's air
transportation system, promote the security of the Nation,
protect the environment, and retain the leadership of the
United States in global aviation.
Subtitle B--NASA Aeronautics Breakthrough Research Initiatives
SEC. 421. ENVIRONMENTAL AIRCRAFT RESEARCH AND DEVELOPMENT
INITIATIVE.
(a) Objective.--The Administrator may establish an
initiative with the objective of developing, and
demonstrating in a relevant environment, within 10 years
after the date of enactment of this Act, technologies to
enable the following commercial aircraft performance
characteristics:
(1) Noise.--Noise levels on takeoff and on airport approach
and landing that do not exceed ambient noise levels in the
absence of flight operations in the vicinity of airports from
which such commercial aircraft would normally operate.
(2) Energy consumption.--Twenty-five percent reduction in
the energy required for medium to long range flights,
compared to aircraft in commercial service as of the date of
enactment of this Act. This reduction may be achieved by a
combination of improvements to--
(A) specific fuel consumption;
(B) lift-to-drag ratio; and
(C) structural weight fraction.
(3) Emissions.--Nitrogen oxides on take-off and landing
that are reduced by 50 percent relative to aircraft in
commercial service as of the date of enactment of this Act.
(b) Study.--
(1) Requirement.--The Administrator shall enter into an
arrangement for the National Research Council to conduct a
study to identify and quantify new markets that would be
created, as well as existing markets that would be
[[Page H6354]]
expanded, by the incorporation of the technologies developed
pursuant to this section into future commercial aircraft. The
study shall identify whether any of the performance
characteristics specified in subsection (a) would need to be
made more stringent in order to create new markets or expand
existing markets. The National Research Council shall seek
input from at least the aircraft manufacturing industry,
academia, and the airlines in carrying out the study.
(2) Report.--A report containing the results of the study
conducted under paragraph (1) shall be provided to Congress
not later than 18 months after the date of enactment of this
Act.
SEC. 422. CIVIL SUPERSONIC TRANSPORT RESEARCH AND DEVELOPMENT
INITIATIVE.
The Administrator may establish an initiative with the
objective of developing, and demonstrating in a relevant
environment, within 20 years after the date of enactment of
this Act, technologies to enable overland flight of
supersonic civil transport aircraft with at least the
following performance characteristics:
(1) Mach number of at least 1.4.
(2) Range of at least 4,000 nautical miles.
(3) Payload of at least 24 passengers.
(4) Noise levels on takeoff and on airport approach and
landing that meet community noise standards in place at
airports from which such commercial supersonic aircraft would
normally operate at the time the aircraft would enter
commercial service.
(5) Shaped sonic boom signatures sufficiently low to permit
overland flight over populated areas.
(6) Nitrogen oxide, carbon dioxide, and water vapor
emissions consistent with regulations likely to be in effect
at the time of this aircraft's introduction.
SEC. 423. ROTORCRAFT AND OTHER RUNWAY-INDEPENDENT AIR
VEHICLES RESEARCH AND DEVELOPMENT INITIATIVE.
The Administrator may establish a rotorcraft and other
runway-independent air vehicles initiative with the objective
of developing and demonstrating in a relevant environment,
within 10 years after the date of enactment of this Act,
technologies to enable significantly safer, quieter, and more
environmentally compatible operation from a wider range of
airports under a wider range of weather conditions than is
the case for rotorcraft and other runway-independent air
vehicles in service as of the date of enactment of this Act.
Subtitle C--Other NASA Aeronautics Research and Development Activities
SEC. 431. FUNDAMENTAL RESEARCH AND TECHNOLOGY BASE PROGRAM.
(a) Objective.--In order to ensure that the Nation
maintains needed capabilities in fundamental areas of
aeronautical research, the Administrator shall establish a
program of long-term fundamental research in aeronautical
sciences and technologies that is not tied to specific
development projects.
(b) Assessment.--The Administrator shall enter into an
arrangement with the National Research Council for an
assessment of the Nation's future requirements for
fundamental aeronautics research and whether the Nation will
have a skilled research workforce and research facilities
commensurate with those requirements. The assessment shall
include an identification of any projected gaps, and
recommendations for what steps should be taken by the Federal
Government to eliminate those gaps.
(c) Report.--The Administrator shall transmit the
assessment, along with NASA's response to the assessment, to
Congress not later than 2 years after the date of enactment
of this Act.
SEC. 432. AIRSPACE SYSTEMS RESEARCH.
(a) Objective.--The Airspace Systems Research program shall
pursue research and development to enable revolutionary
improvements to and modernization of the National Airspace
System, as well as to enable the introduction of new systems
for vehicles that can take advantage of an improved, modern
air transportation system.
(b) Alignment.--Not later than 2 years after the date of
enactment of this Act, the Administrator shall align the
projects of the Airspace Systems Research program so that
they directly support the objectives of the Joint Planning
and Development Office's Next Generation Air Transportation
System Integrated Plan.
SEC. 433. AVIATION SAFETY AND SECURITY RESEARCH.
(a) Objective.--The Aviation Safety and Security Research
program shall pursue research and development activities that
directly address the safety and security needs of the
National Airspace System and the aircraft that fly in it. The
program shall develop prevention, intervention, and
mitigation technologies aimed at causal, contributory, or
circumstantial factors of aviation accidents.
(b) Plan.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall transmit to
Congress a 5-year prioritized plan for the research to be
conducted within the Aviation Safety and Security Research
program. The plan shall be aligned with the objectives of the
Joint Planning and Development Office's Next Generation Air
Transportation System Integrated Plan.
SEC. 434. ZERO-EMISSIONS AIRCRAFT RESEARCH.
(a) Objective.--The Administrator may establish a zero-
emissions aircraft research program whose objective shall be
to develop and test concepts to enable a hydrogen fuel cell-
powered aircraft that would have no hydrocarbon or nitrogen
oxide emissions into the environment.
(b) Approach.--The Administrator may establish a program of
competitively awarded grants available to teams of
researchers that may include the participation of individuals
from universities, industry, and government for the conduct
of this research.
SEC. 435. MARS AIRCRAFT RESEARCH.
(a) Objective.--The Administrator may establish a Mars
Aircraft project whose objective shall be to develop and test
concepts for an uncrewed aircraft that could operate for
sustained periods in the atmosphere of Mars.
(b) Approach.--The Administrator may establish a program of
competitively awarded grants available to teams of
researchers that may include the participation of individuals
from universities, industry, and government for the conduct
of this research.
SEC. 436. HYPERSONICS RESEARCH.
The Administrator may establish a hypersonics research
program whose objective shall be to explore the science and
technology of hypersonic flight using air-breathing
propulsion concepts, through a mix of theoretical work, basic
and applied research, and development of flight research
demonstration vehicles.
SEC. 437. NASA AERONAUTICS SCHOLARSHIPS.
(a) Establishment.--The Administrator shall establish a
program of scholarships for full-time graduate students who
are United States citizens and are enrolled in, or have been
accepted by and have indicated their intention to enroll in,
accredited Masters degree programs in aeronautical
engineering at institutions of higher education. Each such
scholarship shall cover the costs of room, board, tuition,
and fees, and may be provided for a maximum of 2 years.
(b) Implementation.--Not later than 180 days after the date
of enactment of this Act, the Administrator shall publish
regulations governing the scholarship program under this
section.
(c) Cooperative Training Opportunities.--Students who have
been awarded a scholarship under this section shall have the
opportunity for paid employment at one of the NASA Centers
engaged in aeronautics research and development during the
summer prior to the first year of the student's Masters
program, and between the first and second year, if
applicable.
SEC. 438. AVIATION WEATHER RESEARCH.
The Administrator may carry out a program of collaborative
research with the National Oceanic and Atmospheric
Administration on convective weather events, with the goal of
significantly improving the reliability of 2-hour to 6-hour
aviation weather forecasts.
SEC. 439. ASSESSMENT OF WAKE TURBULENCE RESEARCH AND
DEVELOPMENT PROGRAM.
(a) Assessment.--The Administrator shall enter into an
arrangement with the National Research Council for an
assessment of Federal wake turbulence research and
development programs. The assessment shall address at least
the following questions:
(1) Are the Federal research and development goals and
objectives well defined?
(2) Are there any deficiencies in the Federal research and
development goals and objectives?
(3) What roles should be played by each of the relevant
Federal agencies, such as NASA, the Federal Aviation
Administration, and the National Oceanic and Atmospheric
Administration, in wake turbulence research and development?
(b) Report.--A report containing the results of the
assessment conducted pursuant to subsection (a) shall be
provided to Congress not later than 1 year after the date of
enactment of this Act.
SEC. 440. UNIVERSITY-BASED CENTERS FOR RESEARCH ON AVIATION
TRAINING.
(a) In General.--The Administrator may award grants to
institutions of higher education (or consortia thereof) to
establish one or more Centers for Research on Aviation
Training under cooperative agreements with appropriate NASA
Centers.
(b) Purpose.--The purpose of the Centers shall be to
investigate the impact of new technologies and procedures,
particularly those related to the aircraft flight deck and to
the air traffic management functions, on training
requirements for pilots and air traffic controllers.
(c) Application.--An institution of higher education (or a
consortium of such institutions) seeking funding under this
section shall submit an application to the Administrator at
such time, in such manner, and containing such information as
the Administrator may require, including, at a minimum, a 5-
year research plan.
(d) Award Duration.--An award made by the Administrator
under this section shall be for a period of 5 years and may
be renewed on the basis of--
(1) satisfactory performance in meeting the goals of the
research plan proposed by the Center in its application under
subsection (c); and
(2) other requirements as specified by the Administrator.
TITLE V--HUMAN SPACE FLIGHT
SEC. 501. INTERNATIONAL SPACE STATION COMPLETION.
(a) Elements, Capabilities, and Configuration Criteria.--
The Administrator shall ensure that the ISS will be able to--
(1) be used for a diverse range of microgravity research,
including fundamental, applied, and commercial research;
(2) have an ability to support crew size of at least 6
persons;
(3) support Crew Exploration Vehicle docking and automated
docking of cargo vehicles or modules launched by either
heavy-lift or commercially-developed launch vehicles; and
(4) be operated at an appropriate risk level.
(b) Contingency Plan.--The transportation plan to support
ISS shall include contingency options to ensure sufficient
logistics and on-orbit capabilities to support any potential
period during which the Space Shuttle or its follow-on crew
and cargo systems is unavailable, and provide sufficient
prepositioning of spares and other supplies needed to
accommodate any such hiatus.
(c) Certification.--Not later than 60 days after the date
of enactment of this Act, and before making any change in the
ISS assembly sequence in effect on the date of enactment of
this
[[Page H6355]]
Act, the Administrator shall certify in writing to the
Committee on Science of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate NASA's plan to meet the requirements of subsections
(a) and (b).
SEC. 502. HUMAN EXPLORATION PRIORITIES.
(a) In General.--The Administrator shall--
(1) construct an architecture and implementation plan for
NASA's human exploration program that is not critically
dependent on the achievement of milestones by fixed dates;
and
(2) determine the relative priority of each of the
potential elements of NASA's implementation plan for its
human exploration program in case funding shortfalls or cost
growth necessitate the adjustment of NASA's implementation
plan.
(b) Priorities.--Development of a Crew Exploration Vehicle
with a robust crew escape system, development of a launch
system for the Crew Exploration Vehicle, and definition of an
overall architecture and prioritized implementation plan
shall be the highest priorities of the human exploration
program over the period governed by this Act.
SEC. 503. GAO ASSESSMENT.
Not later than 9 months after the date of enactment of this
Act, the Comptroller General shall transmit to the Committee
on Science of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate an
assessment of the milestones and estimated costs of the plans
submitted under section 102(a)(7).
TITLE VI--OTHER PROGRAM AREAS
Subtitle A--Space and Flight Support
SEC. 601. ORBITAL DEBRIS.
The Administrator, in conjunction with the heads of other
Federal agencies, shall take steps to develop or acquire
technologies that will enable NASA to decrease the risks
associated with orbital debris.
SEC. 602. SECONDARY PAYLOAD CAPABILITY.
The Administrator is encouraged to provide the
capabilities to support secondary payloads on United States
launch vehicles, including freeflyers, for satellites or
scientific payloads.
Subtitle B--Education
SEC. 611. INSTITUTIONS IN NASA'S MINORITY INSTITUTIONS
PROGRAM.
The matter appearing under the heading ``NATIONAL
AERONAUTICS AND SPACE ADMINISTRATION--small and disadvantaged
business'' in title III of the Departments of Veterans
Affairs and Housing and Urban Development, and Independent
Agencies Appropriations Act, 1990 (42 U.S.C. 2473b; 103 Stat.
863) is amended by striking ``Historically Black Colleges and
Universities and'' and inserting ``Historically Black
Colleges and Universities that are part B institutions (as
defined in section 322(2) of the Higher Education Act of 1965
(20 U.S.C. 1061(2))), Hispanic-serving institutions (as
defined in section 502(a)(5) of that Act (20 U.S.C.
1101a(a)(5))), Tribal Colleges or Universities (as defined in
section 316(b)(3) of that Act (20 U.S.C. 1059c(b)(3))),
Alaskan Native-serving institutions (as defined in section
317(b)(2) of that Act (20 U.S.C. 1059d)(b)(2))), Native
Hawaiian-serving institutions (as defined in section
317(b)(4) of that Act (20 U.S.C. 1059d(b)(4))), and''.
SEC. 612. PROGRAM TO EXPAND DISTANCE LEARNING IN RURAL
UNDERSERVED AREAS.
(a) In General.--The Administrator shall develop or expand
programs to extend science and space educational outreach to
rural communities and schools through video conferencing,
interpretive exhibits, teacher education, classroom
presentations, and student field trips.
(b) Priorities.--In carrying out subsection (a), the
Administrator shall give priority to existing programs--
(1) that utilize community-based partnerships in the field;
(2) that build and maintain video conference and exhibit
capacity;
(3) that travel directly to rural communities and serve
low-income populations; and
(4) with a special emphasis on increasing the number of
women and minorities in the science and engineering
professions.
SEC. 613. CHARLES ``PETE'' CONRAD ASTRONOMY AWARDS.
(a) Short Title.--This section may be cited as the
``Charles `Pete' Conrad Astronomy Awards Act''.
(b) Definitions.--For the purposes of this section--
(1) the term ``amateur astronomer'' means an individual
whose employer does not provide any funding, payment, or
compensation to the individual for the observation of
asteroids and other celestial bodies, and does not include
any individual employed as a professional astronomer;
(2) the term ``Minor Planet Center'' means the Minor Planet
Center of the Smithsonian Astrophysical Observatory;
(3) the term ``near-Earth asteroid'' means an asteroid with
a perihelion distance of less than 1.3 Astronomical Units
from the Sun; and
(4) the term ``Program'' means the Charles ``Pete'' Conrad
Astronomy Awards Program established under subsection (c).
(c) Pete Conrad Astronomy Award Program.--
(1) In general.--The Administrator shall establish the
Charles ``Pete'' Conrad Astronomy Awards Program.
(2) Awards.--The Administrator shall make awards under the
Program based on the recommendations of the Minor Planet
Center.
(3) Award categories.--The Administrator shall make one
annual award, unless there are no eligible discoveries or
contributions, for each of the following categories:
(A) The amateur astronomer or group of amateur astronomers
who in the preceding calendar year discovered the
intrinsically brightest near-Earth asteroid among the near-
Earth asteroids that were discovered during that year by
amateur astronomers or groups of amateur astronomers.
(B) The amateur astronomer or group of amateur astronomers
who made the greatest contribution to the Minor Planet
Center's mission of cataloguing near-Earth asteroids during
the preceding year.
(4) Award amount.--An award under the Program shall be in
the amount of $3,000.
(5) Guidelines.--(A) No individual who is not a citizen or
permanent resident of the United States at the time of his
discovery or contribution may receive an award under this
section.
(B) The decisions of the Administrator in making awards
under this section are final.
SEC. 614. REVIEW OF EDUCATION PROGRAMS.
(a) In General.--The Administrator shall enter into an
arrangement with the National Research Council of the
National Academy of Sciences to conduct a review and
evaluation of NASA's science, technology, engineering, and
mathematics education program. The review and evaluation
shall be documented in a report to the Administrator and
shall include such recommendations as the National Research
Council determines will improve the effectiveness of the
program.
(b) Review.--The review and evaluation under subsection (a)
shall include--
(1) an evaluation of the effectiveness of the overall
program in meeting its defined goals and objectives;
(2) an assessment of the quality and educational
effectiveness of the major components of the program,
including an evaluation of the adequacy of assessment metrics
and data collection requirements available for determining
the effectiveness of individual projects;
(3) an evaluation of the funding priorities in the program,
including a review of the funding level and funding trend for
each major component of the program and an assessment of
whether the resources made available are consistent with
meeting identified goals and priorities; and
(4) a determination of the extent and the effectiveness of
coordination and collaboration between NASA and other Federal
agencies that sponsor science, technology, engineering, and
mathematics education activities.
(c) Report to Congress.--Not later than 18 months after the
date of enactment of this Act, the Administrator shall
transmit to the Committee on Science of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate the report required under
subsection (a).
SEC. 615. EQUAL ACCESS TO NASA'S EDUCATION PROGRAMS.
The Administrator shall strive to ensure equal access for
minority and economically disadvantaged students to NASA's
Education programs. Not later than 1 year after the date of
enactment of this Act, and every 2 years thereafter, the
Administrator shall submit a report to the Committee on
Science of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate
describing the efforts by the Administrator to ensure equal
access for minority and economically disadvantaged students
under this section, and the results of such efforts.
TITLE VII--MISCELLANEOUS AMENDMENTS
SEC. 701. RETROCESSION OF JURISDICTION.
The National Aeronautics and Space Act of 1958 (42 U.S.C.
2451 et seq.) is amended by adding at the end of title III
the following new section:
``Retrocession of Jurisdiction
``Sec. 316. (a) Notwithstanding any other provision of law,
the Administrator may relinquish to a State all or part of
the legislative jurisdiction of the United States over lands
or interests under the control of the Administrator in that
State.
``(b) For purposes of this section, the term `State' means
any of the several States, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin
Islands, Guam, American Samoa, the Northern Mariana Islands,
and any other commonwealth, territory, or possession of the
United States.''.
SEC. 702. EXTENSION OF INDEMNIFICATION.
Section 309 of the National Aeronautics and Space Act of
1958 (42 U.S.C. 458c) is amended in subsection (f)(1) by
striking ``December 31, 2002'' through ``September 30, 2005''
and inserting, ``December 31, 2010, except that the
Administrator may extend the termination date to a date not
later than September 30, 2015, if the Administrator has
entered into an arrangement with the National Academy of
Public Administration to determine the impact on private
parties and the Federal Government of eliminating this
section''.
SEC. 703. NASA SCHOLARSHIPS.
(a) Amendments.--Section 9809 of title 5, United States
Code, is amended--
(1) in subsection (a)(2) by striking ``Act.'' and inserting
``Act (42 U.S.C. 1885a or 1885b).'';
(2) in subsection (c) by striking ``require.'' and
inserting ``require to carry out this section.'';
(3) in subsection (f)(1) by striking the last sentence; and
(4) in subsection (g)(2) by striking ``Treasurer of the''
and all that follows through ``by 3'' and inserting
``Treasurer of the United States''.
(b) Repeal.--The Vision 100--Century of Aviation
Reauthorization Act is amended by striking section 703 (42
U.S.C. 2473e).
SEC. 704. INDEPENDENT COST ANALYSIS.
Section 301 of the National Aeronautics and Space
Administration Authorization Act of 2000 (42 U.S.C. 2459g) is
amended--
(1) by striking ``Phase B'' in subsection (a) and inserting
``implementation'';
[[Page H6356]]
(2) by striking ``$150,000,000'' in subsection (a) and
inserting ``$250,000,000'';
(3) by striking ``Chief Financial Officer'' each place it
appears in subsection (a) and inserting ``Administrator'';
(4) by inserting ``and consider'' in subsection (a) after
``shall conduct''; and
(5) by striking subsection (b) and inserting the following:
``(b) Implementation Defined.--In this section, the term
`implementation' means all activity in the life cycle of a
project after preliminary design, independent assessment of
the preliminary design, and approval to proceed into
implementation, including critical design, development,
certification, launch, operations, disposal of assets, and,
for technology programs, development, testing, analysis and
communication of the results.''.
SEC. 705. LIMITATIONS ON OFF-SHORE PERFORMANCE OF CONTRACTS
FOR THE PROCUREMENT OF GOODS AND SERVICES.
(a) Conversions to Contractor Performance of Administration
Activities.--Except as provided in subsection (c), an
activity or function of the Administration that is converted
to contractor performance under Office of Management and
Budget Circular A-76 may not be performed by the contractor
or any subcontractor at a location outside the United States.
(b) Contracts for the Procurement of Services.--(1) Except
as provided in subsection (c), a contract for the procurement
of goods or services that is entered into by the
Administrator may not be performed outside the United States
unless it is to meet a requirement of the Administration for
goods or services specifically at a location outside the
United States.
(2) The President may waive the prohibition in paragraph
(1) in the case of any contract for which the President
determines in writing that it is necessary in the national
security interests of the United States for goods or services
under the contract to be performed outside the United States.
(3) The Administrator may waive the prohibition in
paragraph (1) in the case of any contract for which the
Administrator determines in writing that essential goods or
services under the contract are only available from a source
outside the United States.
(c) Exception.--Subsections (a) and (b)(1) shall not apply
to the extent that the activity or function under the
contract was previously performed by Federal Government
employees outside the United States.
(d) Consistency With International Agreements.--The
provisions of this section shall not apply to the extent that
they are inconsistent with obligations of the United States
under international agreements.
(e) Annual Report.--The Administrator shall submit to
Congress, not later than 120 days after the end of each
fiscal year, a report on the contracts performed overseas and
amount of purchases by NASA from foreign entities in that
fiscal year. Such report shall separately indicate the dollar
value of contracts for which the provisions of this section
were waived and the dollar value of items for which the Buy
American Act was waived pursuant to obligations of the United
States under international agreements.
TITLE VIII--INDEPENDENT COMMISSIONS
SEC. 1. DEFINITIONS.
For purposes of this title--
(1) the term ``Commission'' means a Commission established
under this title; and
(2) the term ``incident'' means either an accident or a
deliberate act.
Subtitle A--International Space Station Independent Safety Commission
SEC. 811. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--The President shall establish an
independent, nonpartisan Commission within the executive
branch to discover and assess any vulnerabilities of the
International Space Station that could lead to its
destruction, compromise the health of its crew, or
necessitate its premature abandonment.
(b) Deadline for Establishment.--The President shall issue
an executive order establishing a Commission within 30 days
after the date of enactment of this Act.
SEC. 812. TASKS OF THE COMMISSION.
The Commission established under section 811 shall, to the
extent possible, undertake the following tasks:
(1) Catalog threats to and vulnerabilities of the ISS,
including design flaws, natural phenomena, computer software
or hardware flaws, sabotage or terrorist attack, number of
crewmembers, and inability to adequately deliver replacement
parts and supplies, and management or procedural
deficiencies.
(2) Make recommendations for corrective actions.
(3) Provide any additional findings or recommendations
related to ISS safety.
(4) Prepare a report to Congress, the President, and the
public.
SEC. 813. SUNSET.
The Commission established under this subtitle shall expire
not later than one year after the date on which the full
Commission membership is appointed.
Subtitle B--Human Space Flight Independent Investigation Commission
SEC. 821. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--The President shall establish an
independent, nonpartisan Commission within the executive
branch to investigate any incident that results in the loss
of--
(1) a Space Shuttle;
(2) the International Space Station or its operational
viability;
(3) any other United States space vehicle carrying humans
that is being used pursuant to a contract with the Federal
Government; or
(4) a crew member or passenger of any space vehicle
described in this subsection.
(b) Deadline for Establishment.--The President shall issue
an executive order establishing a Commission within 7 days
after an incident specified in subsection (a).
SEC. 822. TASKS OF THE COMMISSION.
A Commission established pursuant to this subtitle shall,
to the extent possible, undertake the following tasks:
(1) Investigate the incident.
(2) Determine the cause of the incident.
(3) Identify all contributing factors to the cause of the
incident.
(4) Make recommendations for corrective actions.
(5) Provide any additional findings or recommendations
deemed by the Commission to be important, whether or not they
are related to the specific incident under investigation.
(6) Prepare a report to Congress, the President, and the
public.
Subtitle C--Organization and Operation of Commissions
SEC. 831. COMPOSITION OF COMMISSIONS.
(a) Number of Commissioners.--A Commission established
pursuant to this title shall consist of 15 members.
(b) Selection.--The members of a Commission shall be chosen
in the following manner:
(1) The President shall appoint the members, and shall
designate the Chairman and Vice Chairman of the Commission
from among its members.
(2) Four of the 15 members appointed by the President shall
be selected by the President in the following manner:
(A) The majority leader of the Senate, the minority leader
of the Senate, the Speaker of the House of Representatives,
and the minority leader of the House of Representatives shall
each provide to the President a list of candidates for
membership on the Commission.
(B) The President shall select one of the candidates from
each of the 4 lists for membership on the Commission.
(3) In the case of a Commission established under subtitle
A, the President shall select one candidate from a list of
candidates for membership on the Commission provided by the
President of the collective-bargaining organization including
the largest member of NASA engineers.
(4) No officer or employee of the Federal Government shall
serve as a member of the Commission.
(5) No member of the Commission shall have, or have
pending, a contractual relationship with NASA.
(6) The President shall not appoint any individual as a
member of a Commission under this section who has a current
or former relationship with the Administrator that the
President determines would constitute a conflict of interest.
(7) To the extent practicable, the President shall ensure
that the members of the Commission include some individuals
with experience relative to human carrying spacecraft, as
well as some individuals with investigative experience and
some individuals with legal experience.
(8) To the extent practicable, the President shall seek
diversity in the membership of the Commission.
(9) The President may waive the prohibitions in paragraphs
(5) and (6) with respect to the selection of not more than 2
members of a Commission established under subtitle A.
(c) Deadline for Appointment.--All members of a Commission
established under subtitle A shall be appointed no later than
60 days after issuance of the executive order establishing
the Commission. All members of a Commission established under
subtitle B shall be appointed no later than 30 days after the
incident.
(d) Initial Meeting.--A Commission shall meet and begin
operations as soon as practicable.
(e) Quorum; Vacancies.--After its initial meeting, a
Commission shall meet upon the call of the Chairman or a
majority of its members. Eight members of a Commission shall
constitute a quorum. Any vacancy in a Commission shall not
affect its powers, but shall be filled in the same manner in
which the original appointment was made.
SEC. 832. POWERS OF COMMISSION.
(a) Hearings and Evidence.--A Commission or, on the
authority of the Commission, any subcommittee or member
thereof, may, for the purpose of carrying out this title--
(1) hold such hearings and sit and act at such times and
places, take such testimony, receive such evidence,
administer such oaths; and
(2) require, by subpoena or otherwise, the attendance and
testimony of such witnesses and the production of such books,
records, correspondence, memoranda, papers, and documents,
as the Commission or such designated subcommittee or
designated member may determine advisable.
(b) Contracting.--A Commission may, to such extent and in
such amounts as are provided in appropriation Acts, enter
into contracts to enable the Commission to discharge its
duties under this title.
(c) Information From Federal Agencies.--
(1) In general.--A Commission may secure directly from any
executive department, bureau, agency, board, commission,
office, independent establishment, or instrumentality of the
Government, information, suggestions, estimates, and
statistics for the purposes of this title. Each department,
bureau, agency, board, commission, office, independent
establishment, or instrumentality shall, to the extent
authorized by law, furnish such information, suggestions,
estimates, and statistics directly to the Commission, upon
request made by the Chairman, the chairman of any
subcommittee created by a majority of the Commission, or any
member designated by a majority of the Commission.
(2) Receipt, handling, storage, and dissemination.--
Information shall only be received, handled, stored, and
disseminated by
[[Page H6357]]
members of the Commission and its staff consistent with all
applicable statutes, regulations, and Executive orders.
(d) Assistance From Federal Agencies.--
(1) General services administration.--The Administrator of
General Services shall provide to a Commission on a
reimbursable basis administrative support and other services
for the performance of the Commission's tasks.
(2) Other departments and agencies.--In addition to the
assistance prescribed in paragraph (1), departments and
agencies of the United States may provide to the Commission
such services, funds, facilities, staff, and other support
services as they may determine advisable and as may be
authorized by law.
(3) NASA engineering and safety center.--The NASA
Engineering and Safety Center shall provide data and
technical support as requested by a Commission.
SEC. 833. PUBLIC MEETINGS, INFORMATION, AND HEARINGS.
(a) Public Meetings and Release of Public Versions of
Reports.--A Commission shall--
(1) hold public hearings and meetings to the extent
appropriate; and
(2) release public versions of the reports required under
this Act.
(b) Public Hearings.--Any public hearings of a Commission
shall be conducted in a manner consistent with the protection
of information provided to or developed for or by the
Commission as required by any applicable statute, regulation,
or Executive order.
SEC. 834. STAFF OF COMMISSION.
(a) Appointment and Compensation.--The Chairman, in
consultation with Vice Chairman, in accordance with rules
agreed upon by a Commission, may appoint and fix the
compensation of a staff director and such other personnel as
may be necessary to enable the Commission to carry out its
functions.
(b) Detailees.--Any Federal Government employee, except for
an employee of NASA, may be detailed to a Commission without
reimbursement from the Commission, and such detailee shall
retain the rights, status, and privileges of his or her
regular employment without interruption.
(c) Consultant Services.--A Commission may procure the
services of experts and consultants in accordance with
section 3109 of title 5, United States Code, but at rates not
to exceed the daily rate paid a person occupying a position
at level IV of the Executive Schedule under section 5315 of
title 5, United States Code. Any consultant or expert whose
services are procured under this subsection shall disclose
any contract or association it has with NASA or any NASA
contractor.
SEC. 835. COMPENSATION AND TRAVEL EXPENSES.
(a) Compensation.--Each member of a Commission may be
compensated at not to exceed the daily equivalent of the
annual rate of basic pay in effect for a position at level IV
of the Executive Schedule under section 5315 of title 5,
United States Code, for each day during which that member is
engaged in the actual performance of the duties of the
Commission.
(b) Travel Expenses.--While away from their homes or
regular places of business in the performance of services for
the Commission, members of a Commission shall be allowed
travel expenses, including per diem in lieu of subsistence,
in the same manner as persons employed intermittently in the
Government service are allowed expenses under section 5703(b)
of title 5, United States Code.
SEC. 836. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND
STAFF.
The appropriate Federal agencies or departments shall
cooperate with a Commission in expeditiously providing to the
Commission members and staff appropriate security clearances
to the extent possible pursuant to existing procedures and
requirements. No person shall be provided with access to
classified information under this title without the
appropriate security clearances.
SEC. 837. REPORTING REQUIREMENTS AND TERMINATION.
(a) Interim Reports.--A Commission may submit to the
President and Congress interim reports containing such
findings, conclusions, and recommendations for corrective
actions as have been agreed to by a majority of Commission
members.
(b) Final Report.--A Commission shall submit to the
President and Congress, and make concurrently available to
the public, a final report containing such findings,
conclusions, and recommendations for corrective actions as
have been agreed to by a majority of Commission members. Such
report shall include any minority views or opinions not
reflected in the majority report.
(c) Termination.--
(1) In general.--A Commission, and all the authorities of
this title with respect to that Commission, shall terminate
60 days after the date on which the final report is submitted
under subsection (b).
(2) Administrative activities before termination.--A
Commission may use the 60-day period referred to in paragraph
(1) for the purpose of concluding its activities, including
providing testimony to committees of Congress concerning its
reports and disseminating the final report.
The CHAIRMAN. No amendment to that amendment is in order except the
amendments printed in House Report 109-179. Each amendment may be
offered only in the order printed in the report, by a Member designated
in the report, shall be considered read, shall be debatable for the
time specified in the report, equally divided and controlled by the
proponent and an opponent, shall not be subject to amendment, and shall
not be subject to a demand for division of the question.
{time} 1045
The CHAIRMAN. It is now in order to consider amendment No. 1 printed
in House Report 109-179.
Amendment No. 1 Offered by Mr. Boehlert
Mr. BOEHLERT. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 1 offered by Mr. Boehlert:
Page 7, line 10, strike ``space science and earth science''
and insert ``space science, earth science and microgravity
science''.
Page 16, line 25, strike ``or Reduction in Force''.
Page 17, line 4, insert ``(except for cause)'' after
``separations''.
Page 17, line 5, strike ``October 1, 2006'' and insert
``February 16, 2007''.
Page 21, line 5, insert ``non-aeronautical'' after
``other''.
Page 26, line 21, strike ``90 days after the date of
enactment of this Act'' and insert ``February 1, 2006''.
Page 29, line 6, strike the period and insert, ``, except
in cases in which the Administrator has a conflict of
interest.''.
Page 30, line 1, insert ``, program reserves,'' after
``cost''.
Page 30, line 4, strike ``and''.
Page 30, after line 4, insert the following new
subparagraph:
(D) the plan for mitigating technical, schedule, and cost
risks prepared in accordance with subsection (a)(1)(A); and
Page 30, line 5, strike ``(D)'' and insert ``(E)''.
Page 33, line 15, strike ``1 year'' and insert ``18
months''.
Page 33, line 20, insert ``An appropriation for the program
enacted subsequent to a report being transmitted shall be
considered an authorization for purposes of this
subsection.'' after ``by law.''.
Page 34, line 24, strike ``$100,000,000'' and insert
``$150,000,000''.
Page 36, line 24, strike ``subparagraph'' and insert
``paragraph''.
Page 37, line 4, strike ``to compensate for the maximum
probable loss, as''.
Page 37, line 21, strike ``from both within and outside the
Administration''.
Page 38, line 1, insert ``from outside the Administration,
including'' after ``individuals''.
Page 38, line 4, strike ``employees, officers, directors,
or agents of,'' and insert ``an employee, officer, director,
or agent of''.
Page 38, line 14, strike ``Such funds shall not increase
the amount of a prize after the amount has been announced
pursuant to subsection (d).''.
Page 38, line 19, strike ``Funds appropriated for the
program'' and insert ``Notwithstanding any other provision of
law, funds appropriated for prize awards''.
Page 39, strike line 3 through line 5 and insert the
following:
(3) No prize may be announced under subsection (d) until
all the funds needed to pay out the announced amount of the
prize have been appropriated or committed in writing by a
private source. The Administrator may increase the amount of
a prize after an initial announcement is made under
subsection (d) if--
(A) notice of the increase is provided in the same manner
as the initial notice of the prize; and
(B) the funds needed to pay out the announced amount of the
increase have been appropriated or committed in writing by a
private source.
Page 41, line 20, strike ``provide'' and insert ``transmit
to the Committee on Science of the House of Representatives
and the Committee on Commerce, Science, and Transportation of
the Senate''.
Page 43, line 18, insert at the end ``Not later than one
year after the date of enactment of this Act, the
Administrator shall transmit the study to the Committee on
Science of the House of Representatives and the Committee on
Commerce, Science and Transportation of the Senate''.
Page 44, after line 6, add the following new section:
SEC. 110. SPACE SHUTTLE RETURN TO FLIGHT.
It is the sense of Congress that, in keeping with the
President's Vision for Space Exploration, the Space Shuttle
should return to flight as soon as the Administrator
determines that a flight can be accomplished with an
acceptable level of safety.
In the table of contents in section 1(b), insert after the
item relating to section 109 the following:
Sec. 110. Space shuttle return to flight.
Page 44, line 24, strike ``$16,471,050,000'' and insert
``$16,965,650,000''.
Page 45, line 6, strike ``and''.
Page 45, line 8, strike the period and insert ``; and''.
Page 45, after line 8, insert the following new
subparagraph:
(D) $8,900,000 for the Science and Technology Scholarship
Program.
Page 45, line 10, strike ``$3,181,100,000'' and insert
``$3,844,100,000''.
Page 45, line 12, strike ``$6,387,300,000'' and insert
``$6,218,900,000''.
Page 45, line 17, strike ``$16,962,000,000'' and insert
``$17,726,800,000''.
Page 46, line 2, strike ``$3,589,200,000'' and insert
``$4,514,000,000''.
[[Page H6358]]
Page 46, line 4, strike ``$6,007,700,000'' and insert
``$5,847,700,000''.
Page 47, line 14, strike ``each such Committee'' and insert
``the Committee on Science of the House of Representatives
and the Committee on Commerce, Science and Transportation of
the Senate''.
Page 49, line 13, strike ``Each year'' and insert ``Not
later than March 1 of each year''.
Page 50, line 7, insert ``study titled `Assessment of
Options for Extending the Life of the Hubble Space Telescope'
'' after ``after National Academy of Sciences''.
Page 50, line 10, insert ``the Administrator shall
determine'' after ``Space Shuttle,''.
Page 50, line 12, strike ``shall be determined''.
Page 54, lines 11 and 12, strike ``the Under Secretary of
Commerce for Oceans and Atmosphere and''.
Page 54, line 12, insert ``and the Administrator of the
National Oceanic and Atmospheric Administration'' after
``Administrator''.
Page 71, line 11, strike ``shall'' and insert ``may''.
Page 72, strike line 5 and all that follows through line
16, and insert the following:
SEC. 440. UNIVERSITY-BASED CENTERS.
(a) In General.--The Administrator may award grants to
institutions of higher education (or consortia thereof) to
establish one or more centers for the purpose described in
subsection (b).
(b) Purpose.--The purpose of the centers is to conduct
basic and applied research on the impact of new technologies
and procedures, particularly those related to aeronautical
navigation and control.
In the table of contents in section 1(b) strike the item
relating to section 440 and insert the following:
Sec. 440. University-based centers.
Page 73, line 15, strike the semicolon and insert ``,
unless the Administrator transmits a report to the Committee
on Science of the House of Representatives and the Committee
on Science, Transportation of the Senate prior to awarding a
development contract for the Crew Exploration Vehicle,
explaining why such a requirement should not be met and the
impact of not meeting the requirement on the ISS research
agenda and operations;''.
Page 73, line 25, strike ``provide sufficient'' and insert
``require sufficient surge delivery capability or''.
Page 74, after line 10, insert the following new
subsection:
(d) Centrifuge.--Nothing in this Act shall be construed to
prohibit the installation of the centrifuge on the ISS.
Page 81, line 15, insert at the end the following: ``As
part of the report, the Administrator shall provide data on
minority participation in NASA's education programs, at a
minimum in the following categories: elementary and secondary
education, undergraduate education, and graduate education.''
Page 81, after line 15, insert the following new sections:
SEC. 616. MUSEUMS.
The Administrator may provide grants to, and enter into
cooperative agreements with museums and planetariums to
enable them to enhance programs related to space exploration,
aeronautics, space science, earth science, or microgravity.
SEC. 617. REVIEW OF MUST PROGRAM.
Not later than 60 days after the date of enactment of this
Act, the Administrator shall transmit a report to Congress on
the legal status of the Motivating Undergraduates in Science
and Technology program. If the report concludes that the
program is in compliance with the laws of the United States,
NASA shall implement the program, as planned in the July 5,
2005 National Research Announcement.
In the table of contents in section 1(b), insert after the
item relating to section 615 the following:
Sec. 616. Museums.
Sec. 617. Review of MUST program.
Page 82, line 11, strike ``(42 U.S.C. 458c)'' and insert
``(42 U.S.C. 2458c)''.
Page 83, line 17 strike ``(2) by striking'' and all that
follows though line 18.
Page 83, line 19, strike ``(3)'' and insert ``(2)''.
Page 83, line 22, strike ``(4)'' and insert ``(3)''.
Page 83, line 24, strike ``(5)'' and insert ``(4)''.
Page 86, after line 3, add the following new section:
SEC. 706. LONG DURATION FLIGHT.
No provision of this or any other Act shall be construed to
prohibit NASA from accommodating the exercise of religion by
astronauts engaged in long duration space flight missions.
In the table of contents in section 1(b), insert after the
item relating to section 705 the following:
Sec. 706. Long duration flight.
Page 87, line 17, strike ``expire'' and insert ``shall
transmit its final report''.
Page 88, line 5, insert ``that is owned by the Federal
government or'' after ``humans''.
Page 90, line 3, strike ``member'' and insert ``number''.
The CHAIRMAN. Pursuant to House Resolution 370, the gentleman from
New York (Mr. Boehlert), and a Member opposed each will control 10
minutes.
The Chair recognizes the gentleman from New York (Mr. Boehlert).
Mr. BOEHLERT. Mr. Chairman, I yield myself such time as I may
consume.
(Mr. BOEHLERT asked and was given permission to revise and extend his
remarks.)
Mr. BOEHLERT. Mr. Chairman, I rise to support my amendment, which I
am offering along with my partners in this endeavor, the gentleman from
California (Chairman Calvert), the gentleman from Tennessee (Mr.
Gordon), and the gentleman from Colorado (Mr. Udall). This amendment
makes many technical and clarifying changes to the bill, some of them
sought by NASA. It includes specific language sought by a number of
Members, including the gentleman from Florida (Mr. Feeney) and the
gentlewoman from Illinois (Mrs. Biggert), the gentleman from California
(Mr. Honda), and the gentleman from California (Mr. Baca).
Most importantly, this amendment fully funds the President's request
for exploration for fiscal years 2006 and 2007, not by cutting other
programs, but by adding to the bottom line of the bill. I want to thank
the administration and key members of our committee, including the
gentleman from Texas (Mr. Hall) and the gentleman from Texas (Mr.
Smith) and the gentleman from Florida (Mr. Feeney) for working with us
on this amendment.
The amendment also specifically recognizes our hope for return to
flight. It gives NASA flexibility on the crew size for the space
station and clarifies provisions relating to cost reporting on major
programs, and raises the threshold for a major program to those with a
life-cycle cost of at least $150 million.
The amendment, like the underlying bill, represents a bipartisan
effort, and it has the full support of the administration. I urge its
adoption.
Mr. Chairman, I reserve the balance of my time.
Mr. GORDON. Mr. Chairman, I ask unanimous consent to claim the time
in opposition under the rule, since no opponent has risen to claim that
time.
The CHAIRMAN. Is there objection to the request of the gentleman from
Tennessee?
There was no objection.
Mr. GORDON. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I want to speak in support of the manager's amendment
to H.R. 3070. This manager's amendment is a result of a great deal of
constructive discussion and negotiation between the majority and the
minority. I believe that on balance it will make a good bill better.
The gentleman from New York (Chairman Boehlert) has already outlined
the provisions of the manager's amendment, so I will not take the time
to restate them. Instead, I would like to limit myself to a few
comments.
First, I am prepared to support the increased funding of NASA's
exploration program that is contained in this amendment. As I said in
my statement during the general debate, I think that the approach taken
in the amendment to increase exploration funding is the right one. If
this amendment passes, as I hope it will, it will be a clear statement
that the House of Representatives believes that additional funding for
the exploration program should not be obtained by cannibalizing NASA's
other core missions. That is an important policy statement, and I am
pleased that the House will make it by adopting this amendment.
There are other constructive provisions in the amendment; namely,
provisions to ensure that the needs of NASA's workforce are addressed
in the midst of all the changes occurring at NASA; provisions to
encourage the participation of minorities and women in NASA's
educational activities, as well as other programs; a statement of
support for NASA's shuttle return-to-flight efforts; and a statement
making clear that Congress is certainly not opposed to installing the
life sciences centrifuge on the International Space Station to support
its research agenda.
Mr. Chairman, the manager's amendment also makes a number of
technical changes that strengthen the bill.
In sum, I think the manager's amendment improves an already good
bill, and I urge the Members to support it.
Mr. Chairman, I reserve the balance of my time.
Mr. BOEHLERT. Mr. Chairman, I yield 2 minutes to the gentleman from
[[Page H6359]]
California (Mr. Calvert), the distinguished chairman of the
Subcommittee on Space.
Mr. CALVERT. Mr. Chairman, the manager's amendment for the NASA
Authorization Act of 2005 is an important complement to the bill
reported out of our committee last week.
The amendment includes some technical changes, as was mentioned, as
well as a number of amendments from committee members and other
interested Members. We will now fully fund the President's Vision for
Space Exploration, which includes the Space Shuttle's return to flight,
completion of the International Space Station, and development of the
new Crew Exploration Vehicle, which will allow us to return to the Moon
by 2020, to Mars, and beyond.
Just as our bill is a bipartisan compromise, this amendment also
represents a bipartisan effort with approval of both sides of the aisle
for each addition that was incorporated. Our committee also worked with
the administration on several of the fundamental concepts in both the
bill and the amendment. As a result, we have received the support of
the administration on the bill with the changes in the manager's
amendment.
We all recognize that NASA is a multi-mission agency, and the
committee worked to provide the rules and tools that will enable the
agency to maintain the balance as we proceed into the Second Space Age.
We are hoping this is the first of many NASA authorization bills over
the years. It has been too long since that last authorization. We owe
it to NASA and the American people to offer guidance through the
authorizing process on a regular basis. I commend the gentleman from
New York (Mr. Boehlert) for his leadership and the gentleman from
Tennessee (Ranking Member Gordon) and the gentleman from Colorado
(Ranking Member Udall) all for their persistence in pursuing this
balanced, bipartisan bill. I also thank the committee staff, as was
mentioned before, on both sides of the aisle for their efforts on this
bipartisan compromise.
I urge my colleagues to support the manager's amendment and vote for
its passage.
Mr. GORDON. Mr. Chairman, I yield 2 minutes to the Ranking Member of
the subcommittee, the gentleman from Colorado (Mr. Udall).
Mr. UDALL of Colorado. Mr. Chairman, I thank the gentleman for
yielding me this time, and I rise in support of this manager's
amendment.
I concur with the comments of the gentleman from Tennessee (Mr.
Gordon) and believe he has accurately summarized the strengths of the
manager's amendment.
I have to tell my colleagues I am particularly heartened that the
amendment adds additional provisions intended to improve participation
by Hispanics, African Americans, Native Americans, and other minorities
in NASA's educational programs. In addition, it addresses some
important concerns of the NASA workforce.
Finally, as was pointed out by the gentleman from Tennessee (Ranking
Member Gordon), this amendment indicates that Congress supports
exploration, but also that Congress is making clear that additional
funding for exploration should not be obtained by cutting NASA's
important science, aeronautics, and education programs. I think this is
crucial policy guidance.
In closing, Mr. Chairman, I would like to again thank the chairman of
the committee, the gentleman from New York (Mr. Boehlert), my good
friend, the chairman of the subcommittee, the gentleman from California
(Mr. Calvert), and the gentleman from Tennessee (Ranking Member Gordon)
for this very important piece of legislation, and salute the staff and
everybody involved in the crafting of this legislation. I urge the
adoption of the manager's amendment.
Mr. BOEHLERT. Mr. Chairman, I reserve the balance of my time.
Mr. GORDON. Mr. Chairman, I yield 2 minutes to the gentlewoman from
Texas (Ms. Eddie Bernice Johnson).
Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Chairman, I rise to support
the manager's amendment. Much deliberation went into the amendment. As
I said earlier, the chairman of the committee and ranking member worked
very closely together. We started out very far apart, but they worked
very close together and we were able to come together on an agreed upon
bill.
It does speak to minority participation across the board, and
workforce, because we know we have to build a strong workforce to keep
this mission going, and the type of research it is and how important it
is to our everyday lives. It encourages us to get the shuttle back into
space, because that is where we have gotten most of our products and
services, through that type of research. We do not want to hasten to
Mars, but we know that we cannot stop in research. It must go on
continually and constantly so that we can maintain a competitive edge.
All of us know that we will not bring any products to the market or
any health care techniques and technologies to the market without
research. This is the type of research that has brought us to where we
are now. I am delighted to say that this is my thirteenth year on this
committee, and I am never bored. We know we need to encourage more
young people, American-born, because most of our researchers are not,
to go into the field of research so that we can, as a Nation, continue
to lead the world.
Mr. BOEHLERT. Mr. Chairman, it is my pleasure to yield such time as
he may consume to the gentleman from Texas (Mr. DeLay), the
distinguished majority leader.
Mr. DeLAY. Mr. Chairman, I rise in support, strong support of the
NASA reauthorization as it continues the agency's vital work,
implementing and filling in the details of the President's bold Vision
for Space Exploration.
Almost 36 years to the day since Neil Armstrong took his ``small step
for man,'' today the House will help NASA make its next ``giant leap
for mankind.''
The Committee on Science has brought forth a comprehensive bill that
fully funds the Space Shuttle, the International Space Station, both
vital components of the President's vision, aeronautics, servicing the
Hubble telescope and the James Webb telescope project.
I am particularly gratified that the committee has seen fit to fully
fund NASA's exploration systems, which, of course, is not only the
heart and soul of the agency, but the very essence of America's mission
in space.
The bill dovetails seamlessly with President Bush's vision by calling
for a timely return to shuttle flight, the completion of the ISS, and
the development of a new Crew Exploration Vehicle.
The manager's amendment to the bill contains many improvements over
the original bill, including a provision to restore $1.26 billion in
funding to exploration systems, while also crafting important language
to better monitor potential cost overruns. It also acknowledges the
critical role the shuttle has in achieving the first step of the
President's vision.
I just want to thank the gentleman from New York (Mr. Boehlert), the
gentleman from California (Mr. Calvert), the gentleman from Tennessee
(Ranking Member Gordon), and the gentleman from Colorado (Ranking
Member Udall) and the rest of their committee for their hard work on
these provisions. This is an excellently crafted bill. It is a
bipartisan bill; in fact, one could probably say it is a nonpartisan
bill, and one that has shown how Members can come together, work
together, and have an excellent outcome.
But, ultimately, Mr. Chairman, this bill does one thing: it gives the
men and women of NASA, many of whom I am fortunate enough to represent,
the resources they need to make that next giant leap, and I encourage
all Members to support the manager's amendment and the bill.
Mr. GORDON. Mr. Chairman, I have no further requests for time, and I
yield back the balance of my time.
Mr. BOEHLERT. Mr. Chairman, in closing, I urge my colleagues to vote
for this bipartisan manager's amendment, and I yield back the balance
of my time.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from New York (Mr. Boehlert).
The amendment was agreed to.
The CHAIRMAN. It is now in order to consider amendment No. 2 printed
in House Report 109-179.
[[Page H6360]]
Amendment No. 2 Offered by Ms. Velazquez
Ms. VELAZQUEZ. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 2 offered by Ms. Velazquez:
Add at the end of section 102 (page 28, after line 10) the
following new subsection:
(h) Office of Small and Disadvantaged Business
Utilization.--The Administrator shall transmit to the
Committee on Science and the Committee on Small Business of
the House of Representatives and the Committee on Commerce,
Science, and Transportation and the Committee on Small
Business and Entrepreneurship of the Senate a quarterly
report on the NASA Office of Small and Disadvantaged Business
Utilization, which shall include a description of the
outreach activities of the Office and the impact of such
activities on the participation of small businesses,
including small businesses owned by women and minorities, in
NASA contracts.
The CHAIRMAN. Pursuant to House Resolution 370, the gentlewoman from
New York (Ms. Velazquez) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentlewoman from New York (Ms. Velazquez).
Ms. VELAZQUEZ. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, the Federal marketplace is doing record levels today,
with nearly every agency buying more than ever before. NASA alone has
increased their contracting volume by 30 percent in the past 4 years.
Despite NASA's significant increase in procurement volume, small
firms continue to fare poorly when it comes to working with this
agency. NASA's small business contracts have declined by 50 percent in
the past 4 years. The amendment I am offering today will help to change
this.
Small companies represent the majority of businesses in this country,
and they are the most innovative. They issue more patents per employee
than their large business counterparts. One would assume that this
innovation would shine through in agencies that rely on scientific
knowledge and expertise. However, this has not been the case.
NASA is an agency that relies heavily on scientific expertise while,
at the same time, they control a large segment of the Federal
marketplace. They are consistently ranked third out of all Federal
agencies in terms of procurement volume, buying more than the
Department of Health and Human Services, the Department of Agriculture,
and the Department of Interior combined.
{time} 1100
Clearly, NASA has the capability to meet their small business goals;
however, they do need some assistance and we have no way to evaluate
whether or not their efforts in increasing small business contracts are
truly yielding results. This agency has an array of options when it
comes to identifying small companies, whether they work with them
individually, host national conferences, or connect with the SBA to
identify contracting possibilities. But whatever they are doing is not
yielding an increase in small business contracts.
My amendment would guarantee that these outreach methods are examined
so that we can pinpoint the best way for NASA to reach out to small
firms. This would allow us to truly see what works, what does not work,
and what industries are more likely to successfully penetrate NASA's
procurement opportunities. It will also enable the Small Business
Committee and the Science Committee to move forward in ensuring NASA is
taking the right steps to meet their small business contracting goal.
This amendment is a good government solution to a problem that has
been facing our Nation's small companies for years now, their ability
to access the Federal marketplace, and it is supported by the U.S.
Women's Chamber of Commerce. Clearly, as stewards of taxpayer dollars,
one of our most important charges is ensuring that these resources are
used in the most effective and efficient manner possible. One of the
best ways to go about this is to ensure accountability exists, and
adoption of this amendment will achieve just that. This amendment will
begin the process of identifying the barriers that prevent small
companies from doing business with NASA. It will also assist NASA in
honing its efforts at increasing small business access to contracts to
those endeavors that have proven successful.
I urge a ``yes'' vote on this amendment.
Mr. GORDON. Mr. Chairman, will the gentlewoman yield?
Ms. VELAZQUEZ. I yield to the gentleman from Tennessee.
Mr. GORDON. Mr. Chairman, I rise today in support of this amendment
offered by the gentlewoman from New York (Ms. Velazquez). She has a
longstanding interest and has been a great advocate for small and
disadvantaged businesses. The amendment offered by the gentlewoman is a
sensible measure that will help us to ensure that NASA's outreach
efforts with small and disadvantaged businesses are reached to their
full potential. I hope Members will join me in support of this measure
and vote to include it in the bill.
Ms. VELAZQUEZ. Mr. Chairman, I would like to take this opportunity to
thank the gentleman from Tennessee (Mr. Gordon), the ranking member,
for supporting my amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. BOEHLERT. Mr. Chairman, I rise to claim time in opposition to the
amendment, although I do not intend to oppose it.
The Acting CHAIRMAN (Mr. Aderholt). Without objection, the gentleman
is recognized for 5 minutes.
There was no objection.
Mr. BOEHLERT. Mr. Chairman, I yield 3 minutes to the gentleman from
Texas (Mr. McCaul).
Mr. McCAUL of Texas. Mr. Chairman, I rise today in support of this
valuable legislation to fund NASA, and I would like to thank the
gentleman from New York (Mr. Boehlert) for his extraordinary leadership
on this issue.
Americans have high hopes for the future of the space program. But if
we are to explore the boundaries of our final frontier through the
President's Vision for Space Exploration, NASA and its manned space
flight program must be adequately supported. This legislation does just
that, and it also gives NASA Administrator Mike Griffin the tools he
needs to work towards the completion of the International Space
Station.
In the 1960s, President Kennedy helped us begin the race to the Moon.
And the United States reached that lofty goal six times with the Nation
watching and listening to every mission. We won that race then, and now
we must adopt again the same spirit of enthusiasm for space
exploration. Accordingly, President Bush has laid out a plan that sets
a goal of returning Americans to the Moon within 15 years.
However, the success of the Vision For Space Exploration is
predicated on these goals being in the heart of tomorrow's scientists
and engineers. To meet this need, the President's plan will again make
space exploration an exciting and educational priority for America. He
has made it clear within the next half century, America will be the
world leader in space exploration with missions to the Moon, Mars and
beyond.
We must keep in mind that we are not the only ones pursuing this
goal, and America is once again in a space race. European countries are
peacefully competing against us in a race to be the first country to
land a man on Mars. And to win this race, NASA must work with the
private sector, universities around the Nation, and possibly other
countries to overcome the most challenging technological obstacles NASA
has yet to face.
The successes that are surely to come from the vision will benefit
not only America and its manned space flight program, but humanity and
our planet will be direct benefactors of this historic undertaking.
In a world tattered by war and terrorism, the NASA space exploration
program brings the hope and promise of a brighter tomorrow for our
children and for future generations. Our goals to explore the endless
boundaries of our universe will and must continue. They are efforts
linked to no political party or branch of government. Our need and want
to explore space and the bodies around the Earth belong not just to
Americans but to humanity. Indeed, they are efforts to continue what
humans have done since our inception and that is to explore.
[[Page H6361]]
Mr. BOEHLERT. Mr. Chairman, I yield myself such time as I may
consume. I claim the time in opposition to the amendment only because
it is procedurally necessary. I do not oppose the amendment. As a
matter of fact, after careful examination of not only the language but
the intent, we are pleased to accept the amendment. And I want to
commend the gentlewoman from New York for offering this amendment. I
think it enriches the bill.
We, because of the proximity of our offices and the frequency with
which we have to travel from the offices to the floor, often find
ourselves on the same path at the same time. And let me say to my
colleagues, I can think of no one who is more ardent in her support of
small business and her determination to help us enrich bills, no matter
which committee we might serve on.
So I tell the gentlewoman I thank her for offering this constructive
amendment, and we accept it.
Ms. VELAZQUEZ. I thank the gentleman from New York (Mr. Boehlert) for
supporting my amendment.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentlewoman from New York (Ms. Velazquez).
The amendment was agreed to.
The Acting CHAIRMAN. It is now in order to consider amendment No. 3
printed in House Report 109-179.
Amendment No. 3 Offered by Ms. Jackson-Lee of Texas
Ms. JACKSON-LEE of Texas. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 3 offered by Ms. Jackson-Lee of Texas:
Page 45, line 6, strike ``and''.
Page 45, line 8, strike the period and insert a semicolon.
Page 45, after line 8, insert the following new
subparagraphs:
(D) $69,200,000 shall be for Historically Black Colleges
and Universities education programs; and
(E) $46,400,000 shall be for Hispanic Serving Institutions
education programs.
Page 45, line 22, strike ``and''.
Page 45, line 24, strike the period and insert a semicolon.
Page 45, after line 24, insert the following new
subparagraphs:
(D) $71,200,000 shall be for Historically Black Colleges
and Universities education programs; and
(E) $47,400,000 shall be for Hispanic Serving Institutions
education programs.
The Acting CHAIRMAN. Pursuant to House Resolution 370, the
gentlewoman from Texas (Ms. Jackson-Lee) and the gentleman from New
York (Mr. Boehlert) each will control 5 minutes.
The Chair recognizes the gentlewoman from Texas (Ms. Jackson-Lee).
Ms. JACKSON-LEE of Texas. Mr. Chairman, I yield myself 2 minutes. And
let me just thank the gentleman from New York (Mr. Boehlert) and the
gentleman from Tennessee (Mr. Gordon), the ranking member, for their
leadership on this issue; my colleagues as well, the gentleman from
Texas (Mr. Al Green) and the gentlewoman from Texas (Ms. Eddie Bernice
Johnson), and the entire Science Committee that have worked extensively
on this issue.
My amendment is to restore funds to Historically Black Colleges under
the NASA education program and to Hispanic Serving Colleges under the
NASA education program. This amendment specifically would add a funding
level of $69.2 million for fiscal year 2006 and $72.2 million for
fiscal year 2007. My amendment would also restore funding for Hispanic
Serving Institutions under NASA education programs in the amount of
$46.4 million fiscal year 2006 and $47.4 million fiscal year 2007.
Let me first of all again acknowledge the underlying bill to have
included my amendment dealing with equal access to NASA's education
programs in which the administrator shall strive to ensure equal access
to education by minorities. Might I give you a very small example. In
the opportunity to visit NASA last week on the launch of the new
Discovery, I met a young lady who I had not seen for a number of years.
It was a number of years ago where I recommended that she attend a NASA
launch, an African American young woman in an environmental science
program, Ph.D. program at Texas Southern University in Houston, Texas.
Lo and behold, when I went there she came up to me and introduced
herself and said, I am the young lady that you allowed to go to a
launch. Now I have a Ph.D. in environmental sciences. I am affiliated
with NASA and I am writing a proposal to enhance the affiliation with
Texas Southern University.
This works, Mr. Chairman. The funding of these colleges work. The
greatest producer of scientists are those who, in fact, come from
Historically Black Colleges. And I read into the Record these numbers:
for S and E graduates, scientists, female in the United States only
835,000. White students, 2 million-plus. Black students 121,000;
Hispanics 120,000.
We need to pass this amendment.
Mr. Chairman, I rise today in support of my amendment, which would
restore funding for historically Black colleges and universities,
HBCUs, under NASA education programs to the fiscal year 2004 funding
level of $69.2 million for fiscal year 2006 and $71.2 million for
fiscal year 2007. My amendment would also restore funding for Hispanic
serving institutions under NASA education programs in the amount of
$46.4 million for fiscal year 2006 and $47.4 million for fiscal year
2007.
Unfortunately, we do not have nearly enough minority representation
in the fields of science and engineering. Minorities represent only a
small proportion of scientists and engineers in the United States.
Collectively, Blacks, Hispanics, and other ethnic groups--the latter
includes American Indian/Alaskan Natives--constituted 24 percent of the
total U.S. population and only 7 percent of the total science and
engineering workforce in 1999. Blacks and Hispanics each accounted for
about 3 percent of scientists and engineers, and other ethnic groups
represented less than 0.5 percent.
The fact is that this year HBCUs face a $13 million cut in their
allotment from NASA education funds. Clearly, this money could make a
significant difference in the future diversity of the science
community. For most of America's history, African-Americans who
received a college education could only get it from an HBCU. Today,
HBCUs remain one of the surest ways for an African-American, or student
of any race, to receive a high quality education. In 1998, 29 percent
of the African-Americans who received science and engineering
bachelor's degrees earned them at HBCUs. Seven of the top eleven
producers of African-American baccalaureates in engineering were HBCUs,
including No. 1 North Carolina A&T State University. The top three
producers of African-American baccalaureates in health professions--No.
1 Southern University and A&M College, No. 2 Florida A&M University,
and No. 3 Howard University--were HBCUs. The 12 top producers of
African-American baccalaureates in the physical sciences, including No.
1 Xavier University of Louisiana, were all HBCUs.
Hispanic serving institutions, HSIs, have also suffered dramatic cuts
because of lower funding this year. Despite the fact that about one-
third of Hispanics who earned science and engineering bachelor's
degrees did so at HSIs. According to the Hispanic Association of
Colleges and Universities, Hispanics are historically underrepresented
in the areas of science, technology, engineering and mathematics. HSIs
receive only half the Federal funding per student, on average,
according to every other degree-granting institution. Indeed it seems
sadly clear that HSIs are a long way from Federal funding parity with
other institutions of higher learning.
I hope every Member of this body can agree on the importance of HBCUs
and HSIs and I hope you will support my amendment to restore their
funding to a proper level.
APPENDIX TABLE 3-15.--MEDIAN ANNUAL SALARIES OF U.S. INDIVIDUALS IN S&E OCCUPATIONS, BY HIGHEST DEGREE, OCCUPATION, SEX, RACE/ETHNICITY, AND YEARS SINCE DEGREE: 1999
[Dollars]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Years since highest degree
Degree, occupation, sex, and race/ethnicity Employed -------------------------------------------------------------------------------------------------------------------------------
individuals Less than 5 5-9 10-14 15-19 20-24 25-29 30-34 35 or more
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
All S&E occupations......................... 60,000 46,000 57,000 64,000 69,000 70,000 70,600 72,000 70,000
Male.................................... 64,000 48,800 60,000 66,000 70,000 70,700 72,100 74,000 70,100
[[Page H6362]]
Female.................................. 50,000 40,000 50,000 57,000 60,000 58,700 60,000 57,000 52,000
White................................... 61,000 45,000 56,000 65,000 70,000 70,000 71,000 73,000 70,000
Asian/Pacific Islander.................. 62,000 53,000 63,000 68,000 70,000 72,000 70,000 67,200 64,800
Black................................... 53,000 45,000 54,000 55,000 60,000 58,000 53,000 53,000 46,500
Hispanic................................ 55,000 44,000 56,000 58,000 65,000 61,000 68,500 67,000 68,000
Other................................... 52,000 42,000 50,000 57,000 55,000 65,000 75,000 88,000 S
Scientists.................................. 58,800 43,000 54,500 62,000 65,300 65,000 67,600 68,100 65,000
Male.................................... 62,000 47,800 58,500 65,900 70,000 68,000 70,000 71,000 70,000
Female.................................. 50,000 37,000 48,000 55,000 58,100 58,000 60,000 56,000 49,000
White................................... 59,700 41,000 53,000 62,000 65,000 65,000 68,000 70,000 69,000
Asian/Pacific Islander.................. 60,000 54,000 63,000 67,000 73,000 69,000 67,500 60,000 58,200
Black................................... 50,000 44,000 50,000 51,500 58,000 55,600 50,000 50,000 46,500
Hispanic................................ 51,000 41,000 56,000 56,000 65,000 56,000 60,000 54,500 55,000
Other................................... 45,000 38,000 47,500 50,000 36,000 54,000 74,200 70,000 S
Mathematical/computer scientists............ 64,000 55,000 62,000 66,000 69,000 70,000 70,000 69,000 64,000
Male.................................... 65,900 55,000 64,000 70,000 71,000 71,000 72,000 70,000 65,000
Female.................................. 58,000 50,000 57,000 58,400 60,000 60,000 63,000 62,000 58,000
White................................... 65,000 53,000 60,000 67,000 68,600 70,000 70,000 69,200 65,000
Asian/Pacific Islander.................. 65,000 60,000 70,000 70,000 75,000 70,000 62,000 69,100 59,000
Black................................... 54,000 49,000 54,000 53,700 60,000 57,000 48,000 34,500 S
Hispanic................................ 59,000 51,000 65,000 58,600 68,000 59,000 60,000 S S
Other................................... 54,000 54,000 30,000 60,000 S S S S S
Life and related scientists................. 47,700 29,000 43,000 52,800 60,000 56,000 63,000 61,000 72,100
Male.................................... 51,000 30,000 45,000 53,000 61,000 60,000 67,000 69,000 73,500
Female.................................. 39,000 28,100 40,000 49,800 55,000 52,000 50,600 46,000 40,000
White................................... 49,000 28,100 42,000 53,000 60,000 58,000 63,000 61,000 72,100
Asian/Pacific Islander.................. 43,000 30,000 44,700 50,400 76,000 54,000 80,000 68,000 58,200
Black................................... 42,000 30,000 49,000 48,000 44,000 41,500 57,000 30,900 S
Hispanic................................ 35,500 25,000 40,000 48,000 40,000 28,500 34,000 80,000 S
Other................................... 39,000 35,000 43,000 87,000 43,000 43,100 S S S
Physical and related scientists............. 52,000 35,000 46,000 60,000 63,800 62,500 65,000 73,000 60,000
Male.................................... 56,000 35,000 47,500 60,000 65,000 68,000 66,000 75,000 74,000
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
APPENDIX TABLE 3-16.--EMPLOYED U.S. SCIENTISTS AND ENGINEERS, BY HIGHEST DEGREE ATTAINED, OCCUPATION, SEX, AND RACE/ETHNICITY: 1999
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Sex Race/ethnicity
Employed ---------------------------------------------------------------------------------------------------------------
Degree and occupation individuals Asian/Pacific
Male Female White Black Hispanic islander Other
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
All degree levels: \1\
All S&E occupations......................................... 3,540,800 2,705,000 835,800 2,896,600 121,600 120,900 390,500 11,300
Scientists.............................................. 2,170,500 1,464,800 705,800 1,774,200 84,000 71,800 233,900 6,700
Mathematical/computer scientists.................... 1,167,400 850,600 316,700 922,200 51,400 37,600 153,600 2,700
Life/related scientists............................. 341,900 217,500 124,400 285,100 6,600 10,900 37,700 1,600
Physical/related scientists......................... 297,900 229,400 68,400 252,500 8,800 7,800 27,800 900
Social/related scientists........................... 363,400 167,300 196,200 314,400 17,200 15,500 14,800 1,500
Engineers............................................... 1,370,300 1,240,200 130,000 1,122,400 37,700 49,100 156,600 4,600
Bachelor's:
S&E occupations......................................... 1,994,400 1,564,700 429,700 1,680,900 73,900 74,800 158,300 6,600
Scientists.......................................... 1,087,100 744,300 342,800 908,100 46,600 41,500 87,700 3,100
Mathematical/computer scientists................ 740,500 538,900 201,600 612,200 34,200 27,000 65,400 1,700
Life/related scientists......................... 135,500 76,900 58,600 117,100 2,000 5,700 9,800 900
Physical/related scientists..................... 139,600 101,700 38,000 120,600 5,800 4,600 8,400 S
Social/related scientists....................... 71,400 26,800 44,600 58,300 4,600 4,200 4,000 S
Engineers........................................... 907,400 820,400 86,900 772,800 27,300 33,300 70,600 3,400
Master's:
S&E occupations......................................... 1,032,100 751,200 280,900 807,200 35,900 32,800 153,000 3,100
Scientists.......................................... 655,500 411,400 244,200 516,000 27,300 19,100 91,100 2,100
Mathematical/computer scientists................ 354,100 253,700 100,500 256,200 15,200 8,800 72,900 900
Life/related scientists......................... 72,500 44,000 28,500 61,200 2,200 1,800 7,100 300
Physical/related scientists..................... 73,000 53,700 19,300 62,300 1,800 1,400 7,100 400
Social/related scientists....................... 155,900 60,000 95,900 136,200 8,100 7,100 4,000 500
Engineers........................................... 376,500 339,800 36,700 291,300 8,600 13,600 62,000 1,000
Doctoral:
S&E occupations......................................... 484,100 368,900 115,200 381,600 11,000 12,900 77,000 1,600
Scientists.......................................... 399,900 290,900 109,100 325,100 9,300 11,000 53,100 1,500
Mathematical/computer scientists................ 67,100 54,900 12,200 49,500 1,400 1,600 14,500 S
Life/related scientists......................... 121,100 86,200 34,900 95,600 2,100 3,500 19,500 400
Physical/related scientists..................... 84,900 73,700 11,200 69,200 1,200 1,800 12,300 300
Social/related scientists....................... 126,900 76,100 50,800 110,800 4,500 4,100 6,800 700
Engineers........................................... 84,200 78,000 6,200 56,500 1,700 1,900 23,900 100
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Includes professional degrees.
Note.--S suppressed for reasons of confidentiality and/or data reliability.
Source: National Science Foundation, Division of Science Resources Statistics, Scientists and Engineers Statistical Data System (SESTAT), 1999.
Mr. GORDON. Mr. Chairman, will the gentlewoman yield?
Ms. JACKSON-LEE of Texas. I yield to the gentleman from Tennessee.
Mr. GORDON. Mr. Chairman, I rise today in support of the amendment
offered by the gentlewoman from Texas (Ms. Jackson-Lee). The
gentlewoman has long been an articulate advocate when it comes to
education. Over the years she has worked tirelessly to ensure that
minority-serving institutions have adequate resources and that
educational opportunities are available to all students. This amendment
continues that legacy.
I understand that the gentlewoman is not going to seek a vote on her
amendment today, but would like to work with the majority and minority
to see that these issues are addressed during discussions with the
Senate on the final version of the bill. I want to assure the
gentlewoman that her concerns will receive my full support, and I look
forward to working with her.
Ms. JACKSON-LEE of Texas. Mr. Chairman, I thank the gentleman for his
leadership and for his support on this effort.
Mr. Chairman, I reserve the balance of my time.
Mr. BOEHLERT. Mr. Chairman, I yield myself such time as I may
consume. I appreciate that the gentlewoman intends to withdraw this
amendment as she did at committee. The bill already recognizes, and I
think this is very, very important, the importance of minority colleges
and universities in several other provisions. But I am happy to work
with the gentlewoman to see if some version of this language might be
included in the final version of the bill.
Mr. Chairman, may I ask how much time the gentlewoman has. Because I
just want to demonstrate the spirit of comity and good relations.
The Acting CHAIRMAN. The gentlewoman has 2 minutes remaining.
Mr. BOEHLERT. Mr. Chairman, I will let the gentlewoman proceed with
her time; and then if she exhausts her
[[Page H6363]]
time, I understand the gentleman from Texas (Mr. Al Green) feels very
strongly about this in support of it and he would like to have a minute
or so, so I would be glad to yield that time. So I will let the
gentlewoman proceed.
Mr. Chairman, I reserve the balance of my time.
Ms. JACKSON-LEE. Mr. Chairman, I am very pleased to yield 1\1/2\
minutes to the distinguished gentleman from Texas (Mr. Al Green), a
member of the Science Committee and as well a colleague from Houston,
Texas.
(Mr. AL GREEN of Texas asked and was given permission to revise and
extend his remarks.)
Mr. AL GREEN of Texas. Mr. Chairman, I would like to start by
thanking the gentlewoman from Texas (Ms. Jackson-Lee) for her dynamic
leadership on this issue. She has taken the bull by the horns, and she
has done yeoman's work. I am so honored that she has brought this to
our attention.
I would also like to thank the gentleman from New York (Mr. Boehlert)
and the gentleman from Tennessee (Mr. Gordon) because they have really
demonstrated how bipartisanship can efficaciously cause us to reach a
consensus that will cause great things to happen in the United States
Congress. Those who say that there is no bipartisanship in this
Congress are not familiar with the good works of this committee and
especially the good works of these fine men, the chair and the ranking
member.
Mr. Chairman, I want to make note that these institutions are not
black and brown institutions. This is important because these
institutions serve a multiplicity of ethnicities. They are the epitome
of diversity. They are dearly needed because of the people that they
serve. They do not get the children of the best and the brightest. They
many times will get the children of the least, the last and the lost.
They literally take the essence of mental clay and mold it into the
quintessential manifestation of intellectual cloisonne. They are
providing the bootstraps that we need in this society so that we can
have good productive citizens who will pay taxes and will become part
of the main stream that we so desire.
{time} 1115
Ms. JACKSON-LEE of Texas. Mr. Chairman, I thank the gentleman from
Texas (Mr. Al Green) for his support and for his leadership on the
issue.
Mr. Chairman, I yield 30 seconds to the distinguished gentlewoman
from Texas (Ms. Eddie Bernice Johnson) and I thank the gentlewoman very
much for the long-standing commitment and the legislative initiatives
that she has had in creating equal opportunity access of the sciences
for our students in America.
Mr. BOEHLERT. Mr. Chairman, I yield 1 minute to the distinguished
gentlewoman from Texas (Ms. Eddie Bernice Johnson), a valued member of
the committee.
Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Chairman, I rise to support
the amendment. This committee has always accepted amendments and
direction to be inclusive and I really appreciated that over the years.
I appreciate the gentlewoman from Texas (Ms. Jackson-Lee) for putting
this amendment up for consideration.
We have in the manager's amendment addressed much of the issue, and I
am delighted that the Chair and ranking member have agreed to work to
get perhaps more specific language in the bill in conference. And so I
thank them for their leadership.
I thank both the Chair and the ranking member for always being open
and being understanding about increasing opportunities.
Mr. BOEHLERT. Mr. Chairman, I yield 1 minute to the gentlewoman from
Texas (Ms. Jackson-Lee).
Ms. JACKSON-LEE of Texas. Mr. Chairman, again, let me emphasize, as
my colleagues have done, the very, very clear bipartisanship of this
committee. And let me specifically thank the gentleman from Tennessee
(Mr. Gordon), the chairman, the subcommittee chairman, and the ranking
member of the subcommittee for their work in this area.
Let me close by simply suggesting and reading that collectively
blacks and Hispanics and other ethnic groups, the latter includes
American Indians and Alaskan Natives, constitute 24 percent of the U.S.
population but only 7 percent of the total.
My good friend, the gentleman from Texas (Mr. Al Green) emphasizes
that these universities are diverse. And so out of an investment of
added, if you will, support, we will diversify the base of scientists
which will include women, minority women, African Americans, Hispanics,
Native Americans and others who have been, if you will, in the lesser
numbers of these particular disciplines.
I ask that this amendment be considered in conference. I thank the
chairman for working with me and hoping that we can work through
conference to build these numbers up. I thank the gentleman for that.
Mr. Chairman, I ask unanimous consent that my amendment be withdrawn
to further work in conference.
The Acting CHAIRMAN (Mr. Aderholt). Is there objection to the request
of the gentlewoman from Texas?
There was no objection.
Mr. BOEHLERT. Mr. Chairman, I yield myself such time as I may
consume.
I guess the amendment is withdrawn but let me say, I marvel at the
ability of the gentlewoman from Texas (Ms. Jackson-Lee) to stretch 60
seconds into 5 minutes.
The Acting CHAIRMAN. It is now in order to consider amendment No. 4
printed in House Report 109-179.
Amendment No. 4 Offered by Ms. Velazquez
Ms. VELAZQUEZ. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 4 offered by Ms. Velazquez:
Add at the end of title VII the following new section:
SEC. 706. MINORITY INSTITUTION PILOT PROGRAM.
(a) Establishment.--The Administrator shall establish and
carry out a pilot program to make grants to minority
institutions for the development of physical facilities and
infrastructure to be provided to NASA prime contractors for
use in the performance of research, development, test, and
evaluation projects pursuant to NASA prime contracts.
(b) Application.--To be eligible to receive a grant under
the pilot program established in subsection (a), a minority
institution shall submit an application to the Administrator
at such time, in such manner, and containing such information
and assurances as the Administrator may require.
(c) Matching Requirement.--As a condition of a grant under
the pilot program, the Administrator shall require that a
matching amount be provided from a source other than the
Federal Government that is equal to the amount of the grant.
(d) Cooperative Agreement.--As part of the pilot program
under this section, the Administrator shall enter into a
cooperative agreement with a non-profit organization that has
experience developing relationships between industry,
minority institutions, and other entities, under which the
non-profit organization shall develop regional and national
relationships between industry, minority institutions, and
other entities to facilitate the development and provision of
physical facilities and infrastructure of the minority
institutions receiving grants under this section.
(e) Minority Institution.--In this section, the term
``minority institution'' has the meaning given that term in
section 365(3) of the Higher Education Act of 1965 (20 U.S.C.
1067k(3)).
(f) Authorization of Appropriations.--There is authorized
to carry out this section, $4,000,000 for each of fiscal
years 2006 through 2009.
The Acting CHAIRMAN. Pursuant to House Resolution 370, the
gentlewoman from New York (Ms. Velazquez) and the gentleman from New
York (Mr. Boehlert) each will control 5 minutes.
The Chair recognizes the gentlewoman from New York (Ms. Velazquez).
Ms. VELAZQUEZ. Mr. Chairman, I yield myself such time as I may
consume.
With limited job opportunity in this country, more than ever
minorities are turning to entrepreneurship, with 15 percent of this
Nation's small businesses being minority owned today. Clearly this
business ownership rate is well below the mainstream rate, especially
in high tech fields.
My amendment will begin to change this by creating a 4-year pilot
grant program focused on the development of technology laboratories at
our Nation's minority institutions.
In these on-campus facilities, through a simple partnership, NASA
experts will work with some of our brightest students to expose them to
innovative technology development.
[[Page H6364]]
This will help to shore up current programs that are too narrowly
focused on basic science and limited by the technological capabilities
of these institutions.
This has successfully been done in more mainstream centers of
learning. If you look at the Massachusetts Institute of Technology,
investment by the government and private sector created an environment
that allowed it to become the world renown center of study that it is
now.
The tie to entrepreneurship and the development of minority students
in the technological field is quite clear. Entrepreneurs who have
founded technology oriented enterprises emerged from institutions with
a strong affiliation to government and industry applied research. These
are exactly the type of facilities this amendment will create.
As ranking member of the Committee on Small Business, I am constantly
talking to agencies about their small business contracting performance.
One of the agencies who struggles the most is NASA, which has regularly
failed to meet its goal, and awards to minorities have decreased by 25
percent in the last 4 years.
I believe that there are several reasons for this. One is we need to
develop more minority technology companies capable of meeting NASA's
requirements. By making sure our science and engineering students are
exposed to these opportunities early in their careers, we are
increasing their ability to learn and develop. This would pay dividends
in the future.
The adoption of this amendment will go a long way in opening up a
culture which can seem closed and intimidating when you do not know it.
We also provide these future entrepreneurs with a vital opportunity to
receive mentoring and develop the understanding of the inner workings
of NASA.
This will greatly increase the willingness of those at the agency to
take a chance on bright individuals with innovative ideas but who may
not have the history that more established entities do.
This amendment is supported by the National Black Chamber of
Commerce, the Minority Business Enterprise Legal Defense Fund and the
Latin American Management Association.
The adoption of this amendment is a win for all those involved. NASA
will win because they will have the access to the minority high tech
sector they are so desperately looking for, and the minority-serving
institutions and their students will win because they will be advancing
technology development. But most importantly, our Nation wins as we
create the next generation of high tech firms that will be so critical
to advancing this Nation's economy in years to come.
I urge adoption of the amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. BOEHLERT. Mr. Chairman, I yield myself such time as I may
consume.
As a preamble, let me say one of the things I am proudest of in my 23
years in this great institution is the record that I have tried to
establish to expand opportunity for all, and I have worked diligently
on every committee on which I have served to expand opportunities for
minorities.
This committee recognizes the importance of that as the members of
the committee will tell the gentlewoman who has offered the amendment.
We are concerned. We care. We back up our words with deed. But I rise
in strong opposition to this amendment.
This amendment proposes to take scarce Federal funds to build
buildings for private industry. I cannot imagine why we would use
taxpayer money in that way. The idea is apparently for the Federal
Government to build buildings on the campuses of minority institutions,
which is an undefined term by the way, that would then in some way be
turned over to the private sector.
Ms. VELAZQUEZ. Mr. Chairman, will the gentleman yield?
Mr. BOEHLERT. I yield to the gentlewoman from New York.
Ms. VELAZQUEZ. Mr. Chairman, I would like to clarify the gentleman's
statement. This is not to construct buildings. This funding in this
amendment will not pay for the construction of facilities. $4 million
does not pay for facilities. It will give the funds that these
minority-serving institutions need to do capacity building, to start
the partnership, to set up the partnership, and to manage it. It will
not use one penny to build physical facilities.
Mr. BOEHLERT. Reclaiming my time, reading from the language of the
amendment. ``The Administrator shall establish and carry out a pilot
program to make grants to minority institutions for the development of
physical facilities and infrastructure to be provided by NASA prime
contractors for use in the performance of research, development, test
and evaluation.''
I am not quite sure we can understand that. We on a bipartisan basis
have some real problem with this language.
Ms. VELAZQUEZ. Mr. Chairman, will the gentleman yield?
Mr. BOEHLERT. I yield to the gentlewoman from New York.
Ms. VELAZQUEZ. For clarification, it says here, ``shall enter into a
cooperative agreement with a non-profit organization that has
experience developing relationships between industry, minority
institutions . . . ''
It does not say physical or construction of physical facilities. And
``develop'' does not mean build.
Mr. BOEHLERT. Reclaiming my time, there are some real problems with
the drafting of this amendment because I am reading specifically
language from the amendment. ``Development of physical facilities and
infrastructure to be provided to NASA prime contractors.''
Maybe then the gentlewoman should withdraw the amendment and make
sure we are understanding fully the clear intent of it so that we can
work on it in a constructive manner in conference. But with that let me
continue my statement because I have made a clear offer.
The Federal Government has pretty much gotten out of the business of
funding the construction of campus buildings because we simply do not
have the money, and funding research and equipment is a better use of
Federal funds. But funding construction in this manner where the final
user of the building would be private industry makes the notion even
more questionable. And the language of the amendment, quite honestly,
is so vague that it is not clear how anyone would benefit from this
unusual financial handout. That is not the way we should be handling
the taxpayers' money.
Let me once again offer to the gentlewoman in the spirit that this
committee always operates, we will be glad to work with her on clearly
defining the language and the intent so that as we go to conference
committee, then perhaps we can come to some area of agreement. But as
it now stands, I strongly oppose it.
Mr. CALVERT. Mr. Chairman, will the gentleman yield?
Mr. BOEHLERT. I yield to the gentleman from California.
Mr. CALVERT. Mr. Chairman, I thank the gentleman. I read the language
also. As a former developer, ``develop'' means, in my vernacular it
does mean build. And so I think people would interpret this legislation
as building additional infrastructure. And as the chairman mentioned,
NASA is trying to get out of the bricks and mortar business.
The fact is we have facilities, space centers throughout this country
that have been woefully unmaintained. As we go through the centers
around the country and look at them, we are not maintaining the
facilities that we have presently. We need to make sure that the
facilities that our NASA workers are working in today are maintained in
proper order.
I understand what the gentlewoman is trying to accomplish, but we
just do not have the resources at this time to develop additional
infrastructure, additional buildings and additional maintenance costs
throughout this country at this time.
I would ask the committee to oppose this amendment or to work with
the chairman to come up with some language that may have a different
accomplishment on what the gentlewoman is trying to do.
The Acting CHAIRMAN. The gentlewoman from New York (Ms. Velazquez)
has 1\1/2\ minutes remaining.
Ms. VELAZQUEZ. Mr. Chairman, I yield myself 30 seconds for
clarification.
I am the author of this legislation or this amendment. It does not
say here
[[Page H6365]]
in any way to build a physical facility. It says ``development of
physical.'' And I want for the Record to reflect that I do not mean to
build physical facilities.
Mr. BOEHLERT. Mr. Chairman, will the gentlewoman yield?
Ms. VELAZQUEZ. I yield to the gentleman from New York.
Mr. BOEHLERT. What does ``development of physical facilities'' mean
then in the author's mind?
Ms. VELAZQUEZ. I mean by the minority-serving institution to develop
the physical facility and develop the relationship.
I will propose to the gentleman that he adopt the amendment, and it
is a matter of semantics and that we will work to clarify it.
Mr. BOEHLERT. I would propose in response to the gentlewoman that she
withdraw the amendment and we work in the spirit of bipartisanship to
refine it so we all clearly understand what we are talking about.
Ms. VELAZQUEZ. Mr. Chairman, I yield myself the balance of my time to
close.
Mr. Chairman, this is a commonsense amendment. It is not only good
for all those involved but it will also empower us to take a huge step
toward closing the technology gap that is so prevailing among the
minority population.
{time} 1130
The truth is that this approach has already been taken with some of
the most highly renowned research facilities across the country and has
proven successful. The only difference now is that it will focus on
bringing these advancements to minority-serving institutions and,
ultimately, closing this Nation's technology gap.
The timing could not be better for this as NASA starts fresh,
undertaking a review of their facilities, leasing activities, and
partnership agreements. Mr. Chairman, I urge adoption of this
amendment.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIRMAN (Mr. Aderholt). The question is on the amendment
offered by the gentlewoman from New York (Ms. Velazquez).
The question was taken; and the Acting Chairman announced that the
noes appeared to have it.
Ms. VELAZQUEZ. Mr. Chairman, I demand a recorded vote.
The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentlewoman from New York
(Ms. Velazquez) will be postponed.
It is now in order to consider amendment No. 5 printed in House
Report 109-179.
It is now in order to consider amendment No. 6 printed in House
Report 109-179.
Amendment No. 6 Offered by Ms. Jackson-Lee of Texas
Ms. JACKSON-LEE of Texas. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 6 offered by Ms. Jackson-Lee of Texas:
Page 44, after line 6, insert the following:
SEC. 110. WHISTLEBLOWER PROTECTION.
Not later than 1 year after the date of enactment of this
Act, the Administrator shall transmit to the Committee on
Science of the House of Representatives and the Committee on
Commerce, Science and Transportation of the Senate a plan
describing steps to be taken by NASA to protect the
employment status of NASA employees who raise or have raised
concerns about a potentially catastrophic risk to health or
safety.
In the table of contents in section 1(b), insert after the
item relating to section 109 the following:
Sec. 110. Whistleblower protection.
The Acting CHAIRMAN. Pursuant to House Resolution 370, the
gentlewoman from Texas (Ms. Jackson-Lee) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentlewoman from Texas (Ms. Jackson-Lee).
Ms. JACKSON-LEE of Texas. Mr. Chairman, I yield myself 3 minutes.
I think it is appropriate again to acknowledge both the chairman of
the full committee, the gentleman from New York (Mr. Boehlert), and the
ranking member, the gentleman from Tennessee (Mr. Gordon), in helping
me construct both this idea and this vision. At the same time, I want
to acknowledge our ranking member of the subcommittee and of course the
chairman of the subcommittee.
Mr. Chairman, I speak in soft tones because this is a very serious
issue, inasmuch as I think we learned a very definitive lesson after
first Challenger and then Columbia. I started out by saying that this
legislation helps America to dream, but I also mentioned the famous
words ``Houston, we've got a problem.'' Of course, we now know how we
can fix the problem.
I have worked on this committee to ensure that there is a safety
vehicle, and I am gratified that this legislation includes my
legislation for an independent Presidentially appointed commission to
investigate safety aboard the International Space Station. This
amendment was introduced earlier into H.R. 4522 in 2004, and this vital
piece of legislation can potentially make the difference regarding
safety for the international space crew.
The amendment I offer today is one that will protect the human
resource. It may be called whistleblower legislation; but in actuality
it is legislation that will expand and protect human space flight, for
it protects employees who do raise or have raised concerns about a
potentially catastrophic risk to health or safety. This issue was
raised by the Columbia Space Shuttle Accident Investigation Board as
part of the problem at NASA because employees often felt intimidated by
raising safety concerns.
This is a sense of Congress that will allow us to have a placeholder,
if you will, as this bill goes to conference, in that we will have and
be able to utilize draft language which will create a safe reporting
board where NASA employees and contractors can go safely to report
potentially catastrophic health or safety concerns that may lead to the
loss of a craft or a crew.
Mr. Chairman, when we send brave Americans into space, we also send
their families and loved ones. We owe them a huge debt of gratitude,
but we owe them our commitment to never doing anything to our knowledge
that would make this unsafe. Reports after the tragic Columbia Space
Shuttle accident indicates that this bill may serve a vital role in
improving communications at NASA, protecting workers, and averting
catastrophic accidents in the future. It would rapidly screen such
disclosures, and either report them directly to the administrator or
reject them as noneligible.
Mr. Chairman, I ask my colleagues to support my amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. BOEHLERT. Mr. Chairman, I ask unanimous consent to claim the time
in opposition, although I am not opposed to the amendment.
The Acting CHAIRMAN. Is there objection to the request of the
gentleman from New York?
There was no objection.
Mr. BOEHLERT. Mr. Chairman, I yield myself such time as I may consume
to state that we will accept the amendment, and I want to thank the
gentlewoman for working with us on the language of the amendment. We
will work with her and NASA to draft language in the final version of
the bill that will ensure that whistleblowers have the protection they
need at NASA.
Mr. Chairman, I yield back the balance of my time.
Ms. JACKSON-LEE of Texas. Mr. Chairman, I yield 1 minute to the
gentleman from Tennessee (Mr. Gordon).
Mr. GORDON. Mr. Chairman, I rise in support of the amendment offered
by the gentlewoman from Texas (Ms. Jackson-Lee). From the Columbia
Accident Investigation Board's report, it is clear that one of the
underlying causes of the Columbia tragedy was a broken safety culture
at NASA. While I understand that many of these cultural issues are
being addressed, we need to ensure that NASA employees are in an
environment where they can feel comfortable airing their safety
concerns.
This is a constructive amendment that is a positive step towards
fixing NASA's safety culture and ensuring the safety of the brave men
and women in our space program. I am sure our chairman shares our
concerns for the safety of our astronauts, and I hope we can work
together to include this in the final version of the bill.
Ms. JACKSON-LEE of Texas. Mr. Chairman, I yield 30 seconds to the
gentleman from Colorado (Mr. Udall), the distinguished ranking member
of the subcommittee.
[[Page H6366]]
Mr. UDALL of Colorado. Mr. Chairman, I thank the gentlewoman for
yielding me this time, and I rise in support of her important
amendment. We all know that safety is a top priority for our space
program and this is a sensible measure the House should support.
Ms. JACKSON-LEE of Texas. Mr. Chairman, I yield myself the balance of
my time, and I thank the distinguished gentleman from Colorado very
much.
Let me simply close by saying that this need for such a safety
vehicle for the employees to protect themselves was documented on page
169 of the Gehman Report that said there was a broken culture of
safety.
Mr. Chairman, I believe we have gone miles ahead of this report and
have really constructed a safety firewall, if you will, for the
employees. This amendment, added to this legislation and working
through conference, will make it clear you are protected, let us know
what is going on so we can save lives and continue our vision and our
dream of sending men and women into space.
Mr. Chairman, I ask my colleagues to support this amendment.
Mr. Chairman, I rise today in support of my amendment, which offers
protection for whistleblowers at NASA who raise concerns about safety.
This amendment would require the NASA Administrator to transmit to the
House Committee on Science and the Senate Committee on Commerce, a plan
describing steps NASA will take to protect employees who do raise or
have raised concerns about a potentially catastrophic risk to health or
safety. This issue was raised by the Columbia Space Shuttle Accident
Investigation Board as part of the problem at NASA because employees
often felt intimidated from raising safety concerns.
I hope that Chairman Boehlert will work with me to go further on this
issue once this bill goes in to Conference. I have draft language which
would create a ``Safe Reporting Board'' where NASA employees and
contractors can go to report ``potentially catastrophic health or
safety concerns'' that could lead to the loss of a craft or crew.
Reports after the tragic Columbia space shuttle accident indicated that
this bill may serve a vital role in improving communications at NASA,
protecting workers, and averting catastrophe in the future.
This Safety Reporting Board would rapidly screen such disclosures and
either report them directly to the Administrator, or reject them as
non-eligible--perhaps with a suggestion to seek redress through their
union, OSHA representative, ombudsman, etc. Afterward, the Board would
be tasked with keeping a registry of reporting workers and with dispute
resolution in the event that the worker alleges retaliation by
management. Coupling the reporting and anti-retaliation functions in
one board should limit the scope of the board to truly vital issues,
and make workers feel confident that their concerns will not be lost or
buried in the bureaucracy of standard whistleblower or OSHA claims. The
Board would include both NASA managers and non-managers, with diverse
expertise, representing multiple Centers, and include an advocate for
workers.
Admiral Gehman and the Columbia Accident Investigation Board
explained how fear of retaliation by management, has lead some
engineers to stifle their own concerns about the safety and well-being
of NASA missions and crew. Page 169 of their report gives great insight
into the broken culture of safety at NASA that impeded the flow of
critical information from engineers up to program managers. I quote:
``Further, when asked by investigators why they were not more vocal
about their concerns, Debris Assessment Team members opined that by
raising contrary points of view about Shuttle mission safety, they
would be singled out for possible ridicule by their peers.''
That reaffirms to me that strong whistleblower protections do not
just protect workers. They protect lines of communication and dialog
that prevent waste, fraud, and abuse, and, in this case, might have
saved lives. I believe strongly that my language will enhance
whistleblower protections for the NASA workforce, to make sure that
critical information is never lost due to intimidation or fear. This
problem may have contributed to the loss of two Shuttles and 14 brave
crewmembers already. Last year, an independent business consulting firm
Behavioral Science Technology, Inc. reported that the problem persists
at NASA even after the Columbia shuttle accident. Safety must be the
number one priority of NASA and this amendment helps solve one of the
biggest roadblocks we have remaining.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentlewoman from Texas (Ms. Jackson-Lee).
The amendment was agreed to.
Announcement by the Acting Chairman
The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, proceedings
will now resume on the amendment on which further proceedings were
postponed.
Amendment No. 4 Offered by Ms. Velazquez
The Acting CHAIRMAN. The pending business is the demand for a
recorded vote on the amendment offered by the gentlewoman from New York
(Ms. Velazquez) on which further proceedings were postponed and on
which the noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 192,
noes 206, not voting 35, as follows:
[Roll No. 415]
AYES--192
Abercrombie
Ackerman
Allen
Andrews
Baca
Baird
Baldwin
Barrow
Bean
Becerra
Berkley
Berman
Berry
Bishop (GA)
Bishop (NY)
Blumenauer
Boswell
Boucher
Boustany
Boyd
Brady (PA)
Brown (OH)
Brown, Corrine
Butterfield
Capps
Capuano
Cardin
Carnahan
Carson
Case
Chandler
Cleaver
Clyburn
Conyers
Costello
Crowley
Cuellar
Cummings
Davis (AL)
Davis (CA)
Davis (FL)
Davis (IL)
Davis (TN)
DeFazio
DeLauro
Dicks
Dingell
Doggett
Doyle
Edwards
Emanuel
Engel
Eshoo
Etheridge
Evans
Farr
Fattah
Filner
Forbes
Ford
Frank (MA)
Gonzalez
Green, Al
Green, Gene
Grijalva
Harman
Herseth
Higgins
Hinchey
Holden
Honda
Hooley
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jindal
Johnson, E. B.
Jones (OH)
Kanjorski
Kaptur
Kennedy (RI)
Kildee
Kilpatrick (MI)
Kind
Kucinich
Langevin
Lantos
Larsen (WA)
Larson (CT)
Lee
Levin
Lewis (GA)
Lipinski
Lofgren, Zoe
Lowey
Lynch
Mack
Maloney
Markey
Marshall
Matheson
Matsui
McCarthy
McCollum (MN)
McCrery
McDermott
McGovern
McIntyre
McKinney
McNulty
Meehan
Meek (FL)
Meeks (NY)
Melancon
Menendez
Mica
Michaud
Millender-McDonald
Miller (NC)
Miller, George
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murtha
Nadler
Napolitano
Neal (MA)
Ney
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pascrell
Pastor
Payne
Pelosi
Peterson (MN)
Pomeroy
Price (NC)
Rahall
Rangel
Reyes
Rogers (AL)
Ross
Rothman
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Sabo
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sanders
Schakowsky
Schiff
Schwartz (PA)
Scott (GA)
Scott (VA)
Serrano
Sherman
Skelton
Slaughter
Smith (WA)
Snyder
Solis
Spratt
Strickland
Stupak
Tauscher
Thompson (CA)
Thompson (MS)
Tierney
Towns
Udall (NM)
Van Hollen
Velazquez
Visclosky
Walsh
Wasserman Schultz
Waters
Watson
Watt
Weiner
Woolsey
Wu
Wynn
NOES--206
Aderholt
Akin
Alexander
Bachus
Baker
Barrett (SC)
Bartlett (MD)
Barton (TX)
Bass
Beauprez
Biggert
Bilirakis
Blackburn
Blunt
Boehlert
Boehner
Bonilla
Bonner
Bono
Boozman
Bradley (NH)
Brown-Waite, Ginny
Burgess
Burton (IN)
Buyer
Calvert
Camp
Cannon
Cantor
Capito
Carter
Castle
Chabot
Chocola
Coble
Cole (OK)
Conaway
Costa
Cox
Cramer
Culberson
Davis (KY)
Davis, Jo Ann
Davis, Tom
Deal (GA)
DeLay
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Doolittle
Drake
Dreier
Duncan
Ehlers
Emerson
English (PA)
Everett
Feeney
Ferguson
Fitzpatrick (PA)
Flake
Foley
Fortenberry
Fossella
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gibbons
Gilchrest
Gillmor
Gingrey
Gohmert
Goode
Goodlatte
Gordon
Granger
Graves
Green (WI)
Gutknecht
Hall
Harris
Hart
Hastings (WA)
Hayes
Hayworth
Hefley
Hensarling
Herger
Hobson
Hoekstra
Hostettler
Hulshof
Hunter
Hyde
Inglis (SC)
Issa
Istook
Jenkins
Johnson (CT)
Johnson (IL)
Johnson, Sam
Jones (NC)
Keller
Kelly
Kennedy (MN)
King (IA)
King (NY)
Kirk
Kline
Knollenberg
Kolbe
Kuhl (NY)
LaHood
Latham
LaTourette
Leach
Lewis (CA)
Lewis (KY)
LoBiondo
Lucas
Lungren, Daniel E.
Manzullo
Marchant
McCaul (TX)
McCotter
McHenry
McHugh
[[Page H6367]]
McKeon
McMorris
Miller (MI)
Miller, Gary
Moran (KS)
Murphy
Musgrave
Neugebauer
Northup
Norwood
Nunes
Osborne
Otter
Oxley
Paul
Pence
Peterson (PA)
Petri
Pitts
Platts
Poe
Pombo
Porter
Price (GA)
Pryce (OH)
Putnam
Ramstad
Regula
Rehberg
Reichert
Renzi
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Royce
Ryan (WI)
Ryun (KS)
Saxton
Schwarz (MI)
Sensenbrenner
Sessions
Shadegg
Shaw
Shays
Sherwood
Shimkus
Shuster
Simmons
Simpson
Smith (NJ)
Smith (TX)
Sodrel
Souder
Stearns
Sullivan
Sweeney
Tancredo
Tanner
Terry
Thornberry
Tiahrt
Tiberi
Turner
Udall (CO)
Upton
Walden (OR)
Wamp
Weldon (PA)
Weller
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Young (AK)
NOT VOTING--35
Bishop (UT)
Boren
Brady (TX)
Brown (SC)
Cardoza
Clay
Cooper
Crenshaw
Cubin
Cunningham
DeGette
Delahunt
Gutierrez
Hastings (FL)
Hinojosa
Holt
Jefferson
Kingston
Linder
Miller (FL)
Myrick
Nussle
Pearce
Pickering
Radanovich
Reynolds
Stark
Taylor (MS)
Taylor (NC)
Thomas
Waxman
Weldon (FL)
Westmoreland
Wexler
Young (FL)
{time} 1200
Mrs. KELLY and Messrs. SODREL, McHUGH, GUTKNECHT, and TANNER changed
their vote from ``aye'' to ``no.''
Messrs. BERRY, BOUSTANY, and JINDAL changed their vote from ``no'' to
``aye.''
So the amendment was rejected.
The result of the vote was announced as above recorded.
Stated for:
Mr. HOLT. Mr. Chairman, earlier today I was detained at a hearing and
I missed rollcall vote No. 415. Had I been present, I would have voted
``aye.''
The Acting CHAIRMAN (Mr. Aderholt). The question is on the committee
amendment in the nature of a substitute, as amended.
The committee amendment in the nature of a substitute, as amended,
was agreed to.
The Acting CHAIRMAN. Under the rule, the Committee rises.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Putnam) having assumed the chair, Mr. Aderholt, Acting Chairman of the
Committee of the Whole House on the State of the Union, reported that
that Committee, having had under consideration the bill (H.R. 3070) to
reauthorize the human space flight, aeronautics, and science programs
of the National Aeronautics and Space Administration, and for other
purposes, pursuant to House Resolution 370, he reported the bill back
to the House with an amendment adopted by the Committee of the Whole.
The SPEAKER pro tempore. Under the rule, the previous question is
ordered.
Is a separate vote demanded on any amendment to the committee
amendment in the nature of a substitute adopted by the Committee of the
Whole? If not, the question is on the amendment.
The amendment was agreed to.
The SPEAKER pro tempore. The question is on the engrossment and third
reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.
The SPEAKER pro tempore. The question is on the passage of the bill.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Recorded Vote
Mr. BOEHLERT. Mr. Speaker, I demand a recorded vote.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 383,
noes 15, not voting 35, as follows:
[Roll No. 416]
AYES--383
Abercrombie
Ackerman
Aderholt
Akin
Alexander
Allen
Andrews
Baca
Bachus
Baird
Baldwin
Barrett (SC)
Barrow
Bartlett (MD)
Barton (TX)
Bass
Bean
Beauprez
Becerra
Berkley
Berman
Berry
Biggert
Bilirakis
Bishop (GA)
Bishop (NY)
Blumenauer
Blunt
Boehlert
Boehner
Bonilla
Bonner
Bono
Boozman
Boswell
Boucher
Boustany
Boyd
Bradley (NH)
Brady (PA)
Brady (TX)
Brown (OH)
Brown, Corrine
Brown-Waite, Ginny
Burgess
Burton (IN)
Butterfield
Buyer
Calvert
Camp
Cannon
Cantor
Capito
Capps
Capuano
Cardin
Carnahan
Carson
Carter
Case
Castle
Chabot
Chandler
Chocola
Cleaver
Clyburn
Coble
Cole (OK)
Conaway
Costa
Costello
Cox
Cramer
Crowley
Cuellar
Culberson
Cummings
Davis (AL)
Davis (CA)
Davis (FL)
Davis (IL)
Davis (KY)
Davis (TN)
Davis, Jo Ann
Davis, Tom
Deal (GA)
DeLauro
DeLay
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Doggett
Doolittle
Doyle
Drake
Dreier
Duncan
Edwards
Ehlers
Emanuel
Emerson
Engel
English (PA)
Eshoo
Etheridge
Evans
Everett
Farr
Fattah
Feeney
Ferguson
Filner
Fitzpatrick (PA)
Foley
Forbes
Ford
Fortenberry
Fossella
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gibbons
Gilchrest
Gillmor
Gingrey
Gonzalez
Goode
Goodlatte
Gordon
Granger
Graves
Green (WI)
Green, Al
Green, Gene
Grijalva
Gutknecht
Hall
Harman
Harris
Hart
Hastings (WA)
Hayes
Hayworth
Hefley
Hensarling
Herger
Herseth
Higgins
Hinchey
Hobson
Hoekstra
Holden
Holt
Honda
Hooley
Hostettler
Hoyer
Hulshof
Hunter
Hyde
Inglis (SC)
Israel
Issa
Istook
Jackson (IL)
Jackson-Lee (TX)
Jenkins
Jindal
Johnson (CT)
Johnson (IL)
Johnson, E. B.
Johnson, Sam
Jones (NC)
Jones (OH)
Kanjorski
Kaptur
Keller
Kelly
Kennedy (MN)
Kennedy (RI)
Kildee
Kilpatrick (MI)
Kind
King (IA)
King (NY)
Kirk
Kline
Knollenberg
Kolbe
Kucinich
Kuhl (NY)
LaHood
Langevin
Lantos
Larsen (WA)
Larson (CT)
Latham
LaTourette
Leach
Lee
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lipinski
LoBiondo
Lofgren, Zoe
Lowey
Lucas
Lungren, Daniel E.
Lynch
Mack
Maloney
Manzullo
Marchant
Markey
Marshall
Matheson
Matsui
McCarthy
McCaul (TX)
McCollum (MN)
McCotter
McCrery
McGovern
McHenry
McHugh
McIntyre
McKeon
McKinney
McMorris
McNulty
Meek (FL)
Meeks (NY)
Melancon
Menendez
Mica
Michaud
Millender-McDonald
Miller (MI)
Miller (NC)
Miller, Gary
Miller, George
Mollohan
Moore (KS)
Moore (WI)
Moran (KS)
Moran (VA)
Murphy
Murtha
Musgrave
Nadler
Napolitano
Neal (MA)
Neugebauer
Ney
Northup
Norwood
Nunes
Ortiz
Osborne
Otter
Owens
Oxley
Pallone
Pascrell
Pastor
Payne
Pearce
Pelosi
Pence
Peterson (MN)
Peterson (PA)
Petri
Pitts
Platts
Poe
Pombo
Pomeroy
Porter
Price (GA)
Price (NC)
Pryce (OH)
Putnam
Rahall
Ramstad
Rangel
Regula
Rehberg
Reichert
Renzi
Reyes
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Ross
Rothman
Roybal-Allard
Royce
Ruppersberger
Rush
Ryan (OH)
Ryan (WI)
Ryun (KS)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Saxton
Schakowsky
Schiff
Schwartz (PA)
Schwarz (MI)
Scott (GA)
Scott (VA)
Sensenbrenner
Serrano
Sessions
Shaw
Shays
Sherman
Sherwood
Shimkus
Shuster
Simmons
Simpson
Skelton
Slaughter
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Sodrel
Solis
Souder
Spratt
Stearns
Strickland
Stupak
Sullivan
Sweeney
Tancredo
Tanner
Tauscher
Terry
Thompson (CA)
Thompson (MS)
Thornberry
Tiahrt
Tiberi
Towns
Turner
Udall (CO)
Udall (NM)
Upton
Van Hollen
Velazquez
Visclosky
Walden (OR)
Walsh
Wamp
Wasserman Schultz
Waters
Watson
Watt
Weiner
Weldon (PA)
Weller
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Woolsey
Wu
Wynn
Young (AK)
NOES--15
Blackburn
Conyers
DeFazio
Dingell
Flake
Frank (MA)
McDermott
Meehan
Oberstar
Obey
Olver
Sabo
Sanders
Shadegg
Tierney
NOT VOTING--35
Baker
Bishop (UT)
Boren
Brown (SC)
Cardoza
Clay
Cooper
Crenshaw
Cubin
Cunningham
DeGette
Delahunt
Gohmert
Gutierrez
Hastings (FL)
Hinojosa
Inslee
Jefferson
Kingston
Linder
Miller (FL)
Myrick
Nussle
Paul
Pickering
Radanovich
Stark
Taylor (MS)
Taylor (NC)
Thomas
Waxman
Weldon (FL)
Westmoreland
Wexler
Young (FL)
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (Mr. Putnam) (during the vote). Members are
advised 2 minutes remain in this vote.
{time} 1218
So the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid upon the table.
[[Page H6368]]
Mr. GUTIERREZ. Mr. Speaker, I was unavoidably absent from this
chamber on July 22, 2005. I would like the record to show that, had I
been present, I would have voted ``aye'' on rollcall votes 415 and 416.
____________________