[Congressional Record (Bound Edition), Volume 151 (2005), Part 12]
[House]
[Pages 17044-17078]
[From the U.S. 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. 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 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

[[Page 17045]]

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 Authoritya...............................    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 Levela............................    16,196    16,471    16,962         0         0         0
    Estimated Outlays...............................    14,783    16,055    16,419     6,450       989      286
----------------------------------------------------------------------------------------------------------------
aThe 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 important funding and policy guidelines to 
the National Aeronautics and Space Administration.

[[Page 17046]]

  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.

[[Page 17047]]

  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.
  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

[[Page 17048]]

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, 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. 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

[[Page 17049]]

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.
  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.

[[Page 17050]]

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 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. 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.

[[Page 17051]]

  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 
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

[[Page 17052]]

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 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.

[[Page 17053]]

       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 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

[[Page 17054]]

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 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

[[Page 17055]]

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 
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

[[Page 17056]]

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.
  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. AL GREEN of Texas. Mr. Chairman, I want to express my full 
support of H.R. 3070, the NASA Authorization Act of 2005. This bill is 
truly a product of the spirit of cooperation fostered by the Chairman 
and ranking member of the Science Committee, Mr. Boehlert and Mr. 
Gordon.
  Although reservations of the initial draft led the House Science 
Democratic Caucus to offer H.R. 3250, an authorization alternative, Mr. 
Gordon, as well as our Space and Aeronautics Subcommittee ranking 
member, Mr. Udall, never terminated negotiations with Chairman Boehlert 
and Subcommittee Chairman Calvert.
  The evolution of H.R. 3070 reflects the strong character and 
leadership necessary to allow this great body to produce legislation 
beneficial to all of the American people. It encompasses important 
provisions from both bills and reinforces the bipartisan congressional 
support for NASA. As one of the Members that represent NASA workers at 
Johnson Space Center, I am proud to support the version of H.R. 3070 
brought before the House today.
  H.R. 3070 provides focus and direction not only to accomplish the 
important mission of manned space exploration but also to bolster 
resources for robust aeronautics and basic research programs. It 
addresses the necessity to strengthen business, community, and 
educational partnerships and provides guidelines to ensure NASA's 
success.
  I ask that all of my colleagues follow the lead of our Science 
Committee chairman and ranking member, and I urge the unanimous support 
of H.R. 3070.
  Ms. SCHAKOWSKY. Mr. Chairman, I rise in support of H.R. 3070, the 
National Aeronautics and Space Administration Authorization Act of 
2005.
  To support NASA's mission is to support the fundamental ideals of the 
United States of America: discovery, progress, freedom and imagination. 
President John F. Kennedy said in September of 1962 that ``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.'' President Kennedy understood the value of the exploration of 
space and his foresight was correct. Since its inception in 1958, NASA 
has accomplished many great scientific and technological feats, and 
NASA remains a leading force in scientific research to this day.
  Innovations created by our space program have found their way into 
the clothes we wear, the food we eat, our national security, the 
medicines we use, the computers we rely on and in the vehicles that 
transport us. More importantly, NASA's exploration of space has allowed 
us to view Earth and the universe in a new way. While the tremendous 
technical and scientific accomplishments of NASA demonstrate that 
humans can achieve seemingly impossible feats, we also are humbled by 
the realization that Earth is just a tiny speck in the universe.
  I am pleased to know that the Science Committee brought a bill to the 
floor that provides clear policy and funding provisions to ensure that 
NASA remains a multi-mission agency with robust research and 
development activities in science, aeronautics and human space flight. 
In addition, I am happy to know that the House has continued its 
investment in the Hubble Space Telescope which has provided inspiration 
worldwide to young and old, scientists and non-scientists alike. Hubble 
is one of the most important astronomical instruments in the history of 
NASA, and has made extraordinary contributions to scientific research 
and the inspiration of our youth. Finally, I am grateful that this 
Authorization includes language that will help ensure equal access to 
NASA education programs for minority and under-privileged students. The 
bill also properly funds the Space Grant Program which helps to promote 
strong science, mathematics and technology education from elementary 
school through graduate school.
  The innovation, discovery and invention that NASA has brought to not 
only the United States, but also to the world is not complete. We must 
continue to explore the bounds of space, demand scientific 
breakthroughs, and enrapture the minds of children. Congress' 
stewardship of NASA allows our Nation to reach for the stars.
  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.

[[Page 17057]]

                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--
       (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.

[[Page 17058]]

       (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.
       (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;

[[Page 17059]]

       (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 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.--

[[Page 17060]]

       (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 
     registered participant's insurance policy and registered 
     participants agreeing to indemnify the Federal Government 
     against third party

[[Page 17061]]

     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.

[[Page 17062]]



     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 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

[[Page 17063]]

     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.

                       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

[[Page 17064]]

     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 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 hyper-
     sonics 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

[[Page 17065]]

       (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 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

[[Page 17066]]

     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'';
       (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.

[[Page 17067]]

       (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 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 17068]]

       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 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. 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.

[[Page 17069]]

  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 
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

[[Page 17070]]

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.


                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).

[[Page 17071]]


  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.
  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

[[Page 17072]]

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
        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

[[Page 17073]]

 
                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 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. 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.

[[Page 17074]]


  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. 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

[[Page 17075]]

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 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

[[Page 17076]]

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.
  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

[[Page 17077]]

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
     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:

[[Page 17078]]



                             [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.
  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.

                          ____________________