[House Report 108-418]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     108-418

======================================================================



 
              CHARLES ``PETE'' CONRAD ASTRONOMY AWARDS ACT

                                _______
                                

 February 11, 2004.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

  Mr. Boehlert, from the Committee on Science, submitted the following

                              R E P O R T

                        [To accompany H.R. 912]

      [Including cost estimate of the Congressional Budget Office]

      The Committee on Science, to whom was referred the bill 
(H.R. 912) to authorize the Administrator of the National 
Aeronautics and Space Administration to establish an awards 
program in honor of Charles ``Pete'' Conrad, astronaut and 
space scientist, for recognizing the discoveries made by 
amateur astronomers of asteroids with near-Earth orbit 
trajectories, having considered the same, report favorably 
thereon with an amendment and recommend that the bill as 
amended do pass.

                                CONTENTS

                                                                   Page
   I. Amendment.......................................................2
  II. Purpose of the Bill.............................................2
 III. Background and Need for the Legislation.........................2
  IV. Summary of Hearings.............................................3
   V. Committee Actions...............................................4
  VI. Summary of Major Provisions of the Bill.........................5
 VII. Section-By-Section Analysis (By Title and Section)..............5
VIII. Committee Views.................................................6
  IX. Cost Estimate...................................................6
   X. Congressional Budget Office Cost Estimate.......................7
  XI. Compliance with Public Law 104-4 (Unfunded Mandates)............7
 XII. Committee Oversight Findings and Recommendations................7
XIII. Statement on General Performance Goals and Objectives...........7
 XIV. Constitutional Authority Statement..............................8
  XV. Federal Advisory Committee Statement............................8
 XVI. Congressional Accountability Act................................8
XVII. Statement on Preemption of State, Local, or Tribal Law..........8
XVIII.Changes in Existing Law Made by the Bill, As Reported...........8

 XIX. Committee Recommendations.......................................8
  XX. Proceedings of Subcommittee Markup..............................9
 XXI. Proceedings of Full Committee Markup...........................22

                              I. Amendment

    The amendment is as follows:
    Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Charles `Pete' Conrad Astronomy Awards 
Act''.

SEC. 2. DEFINITIONS.

  For the purposes of this Act--
          (1) the term ``Administrator'' means the Administrator of the 
        National Aeronautics and Space Administration;
          (2) 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;
          (3) the term ``Minor Planet Center'' means the Minor Planet 
        Center of the Smithsonian Astrophysical Observatory;
          (4) the term ``near-Earth asteroid'' means an asteroid with a 
        perihelion distance of less than 1.3 Astronomical Units from 
        the Sun; and
          (5) the term ``Program'' means the Charles ``Pete'' Conrad 
        Astronomy Awards Program established under section 3.

SEC. 3. PETE CONRAD ASTRONOMY AWARD PROGRAM.

  (a) In General.--The Administrator shall establish the Charles 
``Pete'' Conrad Astronomy Awards Program.
  (b) Awards.--The Administrator shall make awards under the Program 
based on the recommendations of the Minor Planet Center.
  (c) Award Categories.--The Administrator shall make one annual award, 
unless there are no eligible discoveries or contributions, for each of 
the following categories:
          (1) 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.
          (2) 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.
  (d) Award Amount.--An award under the Program shall be in the amount 
of $3,000.
  (e) Guidelines.--(1) 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 Act.
  (2) The decisions of the Administrator in making awards under this 
Act are final.
  (f) Authorization of Appropriations.--From sums otherwise authorized 
to be appropriated, there are authorized to be appropriated such sums 
as may be necessary to carry out this Act.

                        II. Purpose of the Bill

    The purpose of the bill is to authorize the Administrator 
of the National Space and Aeronautics Administration (NASA) to 
establish an awards program to recognize the discoveries of 
near Earth asteroids by amateur astronomers, named in honor of 
the astronaut and space scientist Charles ``Pete'' Conrad.

              III. Background and Need for the Legislation

    Monitoring and tracking near Earth objects (NEOs) such as 
comets and asteroids is important to the advancement of the 
field of astronomy. Such activities also are important in 
identifying potential threats to the Earth these objects pose. 
Recent press accounts of asteroids passing close to the Earth 
have raised public awareness of the possibility that these 
objects could one day hit the Earth with potentially 
catastrophic consequences.
    Amateur astronomers play an important role in monitoring 
NEOs. Professional astronomers consider this service to be 
crucial for predicting orbital paths of NEOs and detecting 
objects that deviate from their predicted orbits. The bill is 
designed to encourage amateur astronomers who track and monitor 
NEOs.

                        IV. Summary of Hearings

    The bill was introduced by Congressman Dana Rohrabacher in 
the 107th Congress as H.R. 5303. On October 3, 2002, the 
Subcommittee on Space and Aeronautics conducted a hearing 
entitled ``The Threat of Near-Earth Asteroids,'' which examined 
the threat posed by near-Earth objects (NEOs) and H.R. 5303.
    The following witnesses testified at the hearing: Dr. 
Edward Weiler, National Aeronautics and Space Administration 
(NASA) Associate Administrator for Space Science; Dr. David 
Morrison, Senior Scientist, NASA Ames Research Center; 
Brigadier General Simon ``Pete'' Worden, U.S. Air Force; Dr. 
Brian Marsden, Director, Minor Planet Center, Smithsonian 
Astrophysical Observatory; and Dr. Joseph Burns, Irving Porter 
Church Professor of Engineering and Astronomy, Cornell 
University.
    Dr. Ed Weiler testified on the progress of NASA's ground-
based survey for NEOs, intended to identify 90 percent of Near-
Earth asteroids larger than one kilometer in size by 2008. Dr. 
Weiler stated that there are estimated to be about 1,000 such 
asteroids, and that the six research groups currently funded by 
NASA to identify NEOs have together discovered over 600 objects 
and are ahead of the predicted schedule. Dr. Weiler believed it 
likely that the goal will be reached by 2008. Dr. Weiler said 
it was premature to decide whether to extend the survey goal to 
include objects smaller than one kilometer in size.
    Dr. Weiler stated that if such an extended survey effort 
were conducted from the ground, then NASA should not play a 
role because NASA is best suited to space-based missions. He 
stated that NASA's role is better suited for detailed study of 
particular asteroids and comets.
    Dr. Morrison testified on the threat to the Earth of 
collisions with asteroids and comets. He stated that the 
greatest risk today is not from objects large enough to cause 
global extinctions (such as those believed to have caused the 
extinction of the dinosaurs) but rather from objects large 
enough to disrupt the Earth's climate on a global scale by 
injecting large quantities of dust into the stratosphere. 
Objects of about one kilometer in size pose such a threat and 
thus are the target of the U.S. survey for NEOs. He stated that 
the next logical goal is to search for objects that are smaller 
but could still kill millions of people upon impact with the 
Earth. Even objects measuring only 200-300 meters in diameter 
should be tracked since these pose the greatest danger of 
causing tsunamis, he said. Dr. Morrison emphasized that the 
goal of the current survey is not to find objects on their 
final plunge toward Earth, but rather to identify objects in 
nearby orbits for future monitoring. Thus discovering an object 
that has already passed the Earth in its orbit is still 
considered a ``success.''
    Brig. General Worden testified that the U.S. military is 
developing sensitive surveillance technologies that could serve 
both defense and civilian interests. Such ``dual-use'' 
technology could contribute greatly to the detection of NEOs 
and would augment the current efforts of U.S. military 
telescopes used by NASA in NEO projects.
    Dr. Brian Marsden testified on the management of data 
reported daily to the Minor Planet Center of the Smithsonian 
Astrophysical Observatory regarding the observations of 
asteroids and comets. Dr. Marsden testified that the Minor 
Planet Center collects reports from around the world of 
detections of NEOs and other asteroids and comets and publishes 
confirmed detections electronically in the Minor Planet 
Electronic Circular. NEOs, he said, comprise less than one 
percent of the observations of asteroids as a whole. Dr. 
Marsden stated that augmentation of the Minor Planet Center 
staff is essential if the number of asteroid discoveries 
continues to increase, as would be expected with an extension 
of the NEO survey goals to include objects of smaller sizes. 
Dr. Marsden testified that most follow-up tracking observations 
of NEOs are made by amateur astronomers who would be encouraged 
in their activities by an award such as that created by the 
bill. Dr. Marsden testified that attention should also be given 
to long-period comets, which could pose an even greater risk 
than asteroids because they are less predictable.
    Dr. Joseph Burns testified on the recommendations regarding 
NEOs from the recent National Research Council report entitled 
``New Frontiers in the Solar System,'' resulting from the Solar 
System Exploration (SSE) Survey conducted with scientists 
nationwide. One of the primary recommendations from the report 
was that NASA and the National Science Foundation should 
contribute equally to the construction and operation of a 
Large-aperture Synoptic Survey Telescope (LSST), a 6.5-meter-
effective-diameter, very wide field (3 degree) telescope that 
would produce a digital map of the visible sky everyweek, at a 
total cost of $125 million. Dr. Burns stated that the LSST could locate 
90 percent of all NEOs down to 300 meters in size, enable computations 
of their orbits, and permit assessment of their threat to Earth. Dr. 
Burns testified that NASA should continue to be involved in ground-
based NEO surveys even if the survey goals were extended because of 
NASA's experience with ground-based telescopes and because NASA has 
always been charged with using ground-based telescopes that aid space-
based missions.

                          V. Committee Actions

    On February 25, 2003, Space and Aeronautics Subcommittee 
Chairman Dana Rohrabacher introduced H.R. 912, the ``Charles 
`Pete' Conrad Astronomy Awards Act,'' a bill to award amateur 
astronomers for their outstanding contributions to tracking and 
discovering near-Earth asteroids.
    On October 8, 2003, the Committee on Science Subcommittee 
on Space and Aeronautics met to consider the bill. The bill was 
adopted by a voice vote and forwarded to the Full Committee on 
Science.
    On Wednesday, February 4, 2004, the Committee on Science 
met to consider the bill. An amendment in the nature of a 
substitute offered by Mr. Rohrabacher, clarified the bill's 
intent, changed the roles of NASA and the Smithsonian, reduced 
the number of award categories in the bill from three to two, 
made permanent residents eligible to receive the awards, and 
changed the authorization level to ``such sums'' from within 
``sums otherwise authorized to NASA.'' The amendment was 
adopted by a voice vote.
    Mr. Gordon moved that the Committee favorably report the 
bill, H.R. 912, as amended, to the House with the 
recommendation that the bill as amended do pass, and that the 
staff be instructed to make technical and conforming changes to 
the bill as amended and prepare the legislative report and that 
the Chairman take all necessary steps to bring the bill before 
the House for consideration. With a quorum present, the motion 
was agreed to by a voice vote.

            VI. Summary of Major Provisions of the Amendment

    The bill, as reported, directs the NASA Administrator to 
establish an awards program in honor of Charles `Pete' Conrad, 
astronaut and space scientist, to recognize the discoveries 
made by amateur astronomers of near Earth asteroids.
    NASA is to make the awards based on the recommendations of 
the Smithsonian Astrophysical Observatory's Minor Planet 
Center, a nonprofit organization under the auspices of the 
International Astronomical Union, an association of 
professional astronomers.
    The bill authorizes the NASA Administrator to give one 
award each year to the amateur astronomer or to the group of 
amateur astronomers that discovered the intrinsically brightest 
near-Earth asteroid among the near-Earth asteroids discovered 
during the preceding year by amateur astronomers, and another 
award to the amateur astronomer or group of amateur astronomers 
that made the greatest contribution during the preceding year 
to the Minor Planet Center's catalogue of known asteroids. The 
recipients of awards are limited to U.S. citizens and permanent 
residents. The astronomer or group of astronomers receiving an 
award would receive $3,000.

        VII. Section-by-Section Analysis of the Bill as Reported


Section 1. Short title

    This bill is to be cited as the ``Charles `Pete' Conrad 
Astronomy Awards Act.''

Section 2. Definitions

    This section defines several terms used throughout the 
bill, including ``amateur astronomer'' and ``near-Earth 
asteroid.''

Section 3. Pete Conrad Astronomy Award Program

    This section authorizes the NASA Administrator to establish 
the Charles `Pete' Conrad Astronomy Awards program; make awards 
under the program based on the recommendations of the Minor 
Planet Center; and make one award annually in each of two 
categories if eligible discoveries or contributions are made. 
The two categories are (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 by amateurs 
during that year; and (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. Awards to recipients, 
limited to U.S. citizens and permanent residents, are in the 
amount of $3000. The Administrator's decisions in making the 
awards are final. The bill authorizes to be appropriated (from 
within sums otherwise authorized) such sums as may be necessary 
to carry out the program.

                         VIII. Committee Views

    The Committee understands that amateur astronomers are 
primarily responsible for providing follow-up observations of 
known asteroids, and that discoveries of near Earth asteroids 
by amateurs are rare due to the dominance of professional 
surveys. The Committee expects NASA to carry out the Pete 
Conrad awards program in such a manner as best to promote 
amateur astronomy and to encourage amateur astronomers to 
continue their outstanding efforts to identify and monitor 
near-Earth objects.
    The Committee believes that the Smithsonian Astrophysical 
Observatory's Minor Planet Center is uniquely qualified in 
selecting award recipients. The Center is internationally 
recognized as a major clearinghouse for tracking near Earth 
orbits and for its extensivework with amateur astronomers. The 
Committee expects NASA to follow the recommendations of the Center in 
making awards.
    The Act provides that each award is $3,000, regardless of 
whether it is presented to an individual or a group.
    The Committee also expects that if a group of astronomers 
selected for an award under this Act includes a foreign student 
(defined for the purposes of this paragraph as a non-immigrant 
student under title 8, United States Code, section 
1101(a)(15)(F) or a student with a ``J'' exchange visa) in 
addition to citizens or permanent residents of the United 
States, then the Administrator shall have the discretion to 
provide the foreign student with a non-monetary token of 
appreciation. The foreign student is not eligible to receive 
any part of the monetary award.
    The Committee expects administrative costs in making the 
award to be minimal.

                           IX. Cost Estimate

    A cost estimate and comparison prepared by the Director of 
the Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974 has been timely submitted to 
the Committee on Science prior to the filing of this report and 
is included in Section X of this report pursuant to House rule 
XIII, clause 3(c)(3).
    H.R. 912 does not contain new budget authority, credit 
authority, or changes in revenues or tax expenditures. Assuming 
that the sums authorized under the bill are appropriated, H.R. 
912 does not authorize additional discretionary spending, as 
described in the Congressional Budget Office report on the 
bill, which is contained in Section X of this report.

              X. Congressional Budget Office Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, February 11, 2004.
Hon. Sherwood L. Boehlert,
 Chairman, Committee on Science,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 912, the Charles 
``Pete'' Conrad Astronomy Awards Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Kathleen 
Gramp.
            Sincerely,
                                      Elizabeth M. Robinson
                               (For Douglas Holtz-Eakin, Director).
    Enclosure.

H.R. 912--Charles ``Pete'' Conrad Astronomy Awards Act

    H.R. 912 would establish two new annual awards for amateur 
astronomers: one for the individual or group that identifies 
the brightest near-Earth asteroid and the other for the 
individual or group that makes the greatest contribution to the 
Smithsonian Astrophysical Observatory's catalog of such 
asteroids. Each award would be $3,000. The program would be 
administered by the National Aeronautics and Space 
Administration (NASA).
    CBO estimates that implementing H.R. 912 would have no 
significant effect on the budget and would not affect direct 
spending or revenues. According to NASA, the cost of 
administering the two awards would be negligible.
    H.R. 912 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Kathleen Gramp. 
This estimate was approved by Peter H. Fontaine, Deputy 
Assistant Director of Budget Analysis.

                  XI. Compliance With Public Law 104-4

    H.R. 912 contains no unfunded mandates.

         XII. Committee Oversight Findings and Recommendations

    The Committee on Science's oversight findings and 
recommendations are reflected in the body of this report.

      XIII. Statement on General Performance Goals and Objectives

    Pursuant to clause (3)(c) of House rule XIII, the goals of 
H.R. 912 are to establish an awards program for amateur 
astronomers to promote astronomy and to assist national efforts 
to identify near-Earth objects that could pose a threat to the 
Earth.

                XIV. Constitutional Authority Statement

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact H.R. 912.

                XV. Federal Advisory Committee Statement

    H.R. 912 does not establish or authorize the establishment 
of any advisory committee.

                 XVI. Congressional Accountability Act

    The Committee finds that H.R. 912 does not relate to the 
terms and conditions of employment or access to public services 
or accommodations within the meaning of section 102(b)(3) of 
the Congressional Accountability Act (Public Law 104-1).

      XVII. Statement on Preemption of State, Local, or Tribal Law

    This bill is not intended to preempt any state, local, or 
tribal law.

      XVIII. Changes in Existing Law Made by the Bill, as Reported

    This legislation does not amend any existing Federal 
statute.

                     XIX. Committee Recommendations

    On February 4, 2004, a quorum being present, the Committee 
on Science favorably reported the Charles ``Pete'' Conrad 
Astronomy Awards Act, by a voice vote, and recommended its 
enactment.



    XX. PROCEEDINGS OF THE MARKUP BY THE SUBCOMMITTEE ON SPACE AND 
 AERONAUTICS ON H.R. 912, THE CHARLES ``PETE'' CONRAD ASTRONOMY AWARDS 
                                  ACT

                              ----------                              


                       WEDNESDAY, OCTOBER 8, 2003

                  House of Representatives,
             Subcommittee on Space and Aeronautics,
                                      Committee on Science,
                                                    Washington, DC.

    The Subcommittee met, pursuant to call, at 10:08 a.m., in 
Room 2318 of the Rayburn House Office Building, Hon. Dana 
Rohrabacher [Chairman of the Subcommittee] presiding.
    Chairman Rohrabacher. Good morning. I call this meeting of 
the Subcommittee to order. And pursuant to notice, the 
Subcommittee on Space and Aeronautics is meeting today to 
consider the four following measures: H.R. 3245, the Commercial 
Space Act of 2003; H.R. 912, the Charles ``Pete'' Conrad 
Astronomy Awards Act; H.R. 1292, the Remote Sensing 
Applications Act of 2003; and H.R. 2450, the Human Space Flight 
Independent Investigation Commission Act of 2003.
    At this point, I would ask unanimous consent for the 
authority to recess the Committee at any point, and without 
objection, so ordered.
    Okay. At this point, I will make a few opening remarks and 
then turn to Bart Gordon, our Ranking Member, for his opening 
remarks.
    Today we will mark up four bills, including two that I have 
sponsored, H.R. 3245, the Commercial Space Act of 2003, and 
H.R. 912, the Charles ``Pete'' Conrad Astronomy Awards Act of 
2003. I believe that most Members of Congress share my view 
that the aerospace industry plays a critical role in advancing 
America into the future and especially America into space onto 
the next frontier. Innovative and creative thinking have always 
been the hallmarks of the private sector, and we can not just 
leave it up to government to solve the perplexing problems or 
to actually make sure that America meets its potential.
    H.R. 3245 promotes development of operationally safe 
suborbital vehicles and services by directing the government to 
build an affirmative, enabling regulatory and legal framework 
for this emerging industry. I want to thank my Democratic 
colleagues for their support of H.R. 3245. H.R. 912 encourages 
average citizens to survey the heavens for threatening near-
Earth objects. Both H.R. 3245 and H.R. 912, as I said, 
recognizes the value of having our private citizens involved in 
the process.
    And we will markup, as well today, H.R. 1292, the Remote 
Sensing Applications Act of 2003. This bill establishes a NASA 
program of grants for competitively awarded pilot projects 
using government and commercial remote sensing capabilities to 
help address the needs of State, local, regional, and tribal 
agencies. The remaining legislation for markup is H.R. 2450, 
the Human Space Flight Independent Investigation Commission Act 
of 2003, which Mr. Gordon has been involved with authoring and 
has held off until now in order to make sure the Gehman 
Commission could do its work. And now we can follow up with Mr. 
Gordon's legislation.
    This morning I look forward to working with Members on both 
sides of the aisle. And as we say, we have some good pieces of 
legislation here to move through the Subcommittee. And I will 
count on Mr. Gordon for his remarks.
    [Statement of Mr. Rohrabacher follows:]
    [The prepared statement of Mr. Rohrabacher follows:]
            Prepared Statement of Chairman Dana Rohrabacher
    Today we will mark up four bills, including two that I have 
sponsored, H.R. 3245, the Commercial Space Act of 2003 and H.R. 912, 
the Charles `Pete' Conrad Astronomy Awards Act of 2003. I believe that 
most Members of Congress share my view that the aerospace industry 
plays a critical role in advancing America's space frontier. Innovative 
and creative thinking have always been the hallmarks of the private 
sector in helping the government solve perplexing problems.
    H.R. 3245 promotes development of operationally safe suborbital 
vehicles and services by directing the government to build an 
affirmative, enabling regulatory and legal framework for this emerging 
industry. I want to thank my Democratic colleagues for their support of 
H.R. 3245. H.R. 912 encourages average citizens to survey the heavens 
for threatening near-Earth objects. Both H.R. 3245 and H.R. 912 
recognize the value of the private sector in helping us realize our 
space goals.
    We will also markup H.R. 1292, the Remote Sensing Applications Act 
of 2003. This bill establishes a NASA program of grants for 
competitively awarded pilot projects using government and commercial 
remote sensing capabilities to help address the needs of State, local, 
regional and tribal agencies. The remaining legislation for markup is 
H.R. 2450, the Human Space Flight Independent Investigation Commission 
Act of 2003.
    This morning I look forward to working with Members on both sides 
of the aisle in a spirit of bipartisanship.

    Mr. Gordon. Mr. Chairman, let me just briefly say you have 
always been good to work with and plus you are a decent fellow. 
And we appreciate the opportunity to mark-up two of the 
Minority bills today. And we would remind you that Mr. Larsen 
and Mr. Lampson also have good bills that we hope that you will 
review and that we can get to those at another date. And Mr. 
Hall's, of course.
    Chairman Rohrabacher. Okay. I would like to now pay the 
courtesy to Mr. Hall, who is, of course, former Chairman of 
this committee and provided great leadership here and one who 
adds a great contribution through institutional memory, you 
might say, of everything we have been through. And Ralph, would 
you like to say a few words today before we start?
    Mr. Hall. I will just say a few, Mr. Chairman, and I thank 
you for the chance to.
    I note that we are marking up 3245, that is your bill. As 
you know, I have introduced a bill 3219, which is an older bill 
than yours by about six hours, I think, four, five, or six 
hours. And I am not surprised that my bill is not on here. I 
know it is not a technical omission or anything. And I 
understand that we are to have some kind of a meeting here in 
the next 20 or 30 minutes. The future of my bill might be 
discussed at that time. Is that right? Is that a good summation 
of it?
    Chairman Rohrabacher. Yes, sir.
    Mr. Hall. I thank you. You are a good guy, too.
    Chairman Rohrabacher. Let me note that the Chairman is at 
this time a co-sponsor of Chairman Hall's bill. And we are 
going to have a very in-depth discussion of it shortly after 
this markup.
    So today--okay. Without objection, all Members may place 
their opening statements in the record.
    We now consider the bill H.R. 912, a second bill that I am 
offering for consideration today. I now recognize the Ranking--
oh, no. And I will proceed with my remarks first.
    H.R. 912, the Charles ``Pete'' Conrad Astronomy Awards Act 
of 2003, reflects the bill that we passed through this 
subcommittee last year and passed on the Floor of the House 
last year and didn't make it through the Senate, but we have 
every reason to believe that perhaps this session we will make 
it through. It is intended to recognize those individuals who 
provide the greatest number of separate observations of 
different asteroids. It will also help to strengthen existing 
government capabilities for tracking natural space objects by 
promoting private citizens to observe the heavens. We would 
hope that young people, particularly, will be motivated to get 
involved and go to their backyards and look into space and 
perhaps doing things for school credit. It is--if we are going 
to remain the number one space power in the world, we have got 
to have a young generation not just interested but involved. 
And I think that astronomy and this type of award that we are 
talking about with the Pete Conrad award is a first really good 
step that we could--in the creation of astronauts. We get them 
in their backyard looking up into the heavens and 20 years or 
30 years later, we will have them flying into the heavens.
    This bill authorizes the NASA Administrator to establish an 
awards program for recognizing the discoveries made by 
amateurs, astronomers--amateur astronomers of asteroids and 
near-Earth objects. The bill also authorizes the NASA 
Administrator to contract with the Minor Planet Center of the 
Smithsonian Astrophysical Observatory to administer the 
program. The awards are intended for outstanding amateur 
astronomers who discover the largest new asteroid having a 
near-Earth orbit and locating newly discovered asteroids with 
the aid of professional sources. Awards also are made for those 
who provide the greatest service in updating the Minor Planet 
Center's catalog of known asteroids.
    The title is chosen--the title of this bill has been chosen 
to honor Pete Conrad for his tremendous contributions to the 
aerospace field in America. He was a great entrepreneur, space 
entrepreneur, I might add. We were talking about that in our 
last bill. If there is anyone who exemplified the space 
entrepreneurialism, it was Pete, but he was also one of 
America's great astronauts, the--an explorer, space explorer. 
He was the third man to walk on the moon and just a tremendous 
human being who died several years ago riding his motorcycle. 
Here he was, had put himself on top of a rocket, the Saturn 5, 
flew all the way to the moon and back. I mean, what tremendous 
risks he took for his country. Before that, he was a pilot. And 
then he ended up in a motorcycle accident where there was a rut 
in the road that shouldn't have been there. And he was thrown 
off his motorcycle. And I might add that he went to an 
emergency ward that did not use the proper procedures to 
investigate his situation and he died of an internal injury. It 
was a tremendous loss.
    Pete Conrad was a personal friend of mine. I would have 
been angry at him for taking the chances of riding his 
motorcycle, except for the fact that he was always admonishing 
me for the risks I was taking in surfing everyday. So we had a 
very personal relationship, and he was a great American and one 
that we should try to make sure our young people know about 
him. And this is what this bill hopefully will do is get young 
people involved in space-related activity, which is something 
Pete would have wanted.
    I now yield to our Ranking Member, Mr. Gordon, for his 
comments.
    Mr. Gordon. Thank you, Mr. Chairman.
    I want to add my support for your bill. As you said, this 
is the same legislation that passed the House under suspension 
in the last Congress. It was a good bill then. It is a good 
bill now. I commend you for reintroducing it. I hope that we 
can quickly pass it through Congress and put it on the 
President's desk.
    Chairman Rohrabacher. I recognize Chairman Hall.
    Mr. Hall. I subscribe to the Ranking Member's remarks 100 
percent and yield back my time.
    Chairman Rohrabacher. Okay. Thank you very much.
    I ask unanimous consent that H.R. 912 is considered as read 
and open to amendment at any point and that Members be--proceed 
with the amendments in order of the roster. Without objection, 
so ordered.
    Are there any amendments? Hearing none, the question is on 
the bill, H.R. 912, the Charles ``Pete'' Conrad Astronomy 
Awards Act. All those in favor will say aye. All those opposed 
will say no. In the opinion of the Chair, the ayes have it.
    I will now recognize the Ranking Minority Member to offer a 
motion.
    Mr. Gordon. Mr. Chairman, I move that the Subcommittee 
favorably report the bill H.R. 912 to the Full Committee with 
the recommendation that it be favorably reported to the House. 
Further, I ask unanimous consent that the staff be instructed 
to make all necessary technical and conforming changes to the 
bill in accordance with the recommendations of the 
Subcommittee.
    Chairman Rohrabacher. Okay. The question is on the motion 
to report the bill favorably. Those in favor of the motion will 
signify by saying aye. Those opposed, no. The ayes appear to 
have it, and the bill is favorably reported.
    Without objection, motion to reconsider is laid upon the 
table. I move that Members now have two subsequent calendar 
days in which to submit supplemental Minority and additional 
views on the measure. Without objection, so ordered.
    This concludes the Subcommittee markup. And let me again 
assure that--Chairman Hall, that although his bill did not make 
it to markup today, that it is this Chair's intention to work 
with you, Mr. Hall, and to try to move forward with your 
legislation as it develops.
    Mr. Hall. Thank you, Mr. Chairman. As you know, the major 
thrust from this point forward needs to be safety. And your 
bill encompasses that. Every bill we have addressed today has 
tipped its hat to safety, and I think that has got to be the 
watchword for us for the next year or so.
    Chairman Rohrabacher. Thank you very much, Mr. Hall. Again, 
we appreciate your continued leadership.
    This concludes our subcommittee markup. We are adjourned.
    [Whereupon, at 10:42 a.m., the Subcommittee was adjourned.]
                               Appendix:

                              ----------                              


H.R. 912, the Charles ``Pete'' Conrad Astronomy Awards Act, Summary of 
                 H.R. 912, Section-By-Section Analysis






          Summary of H.R. 912, Charles `Pete' Conrad Astronomy
                           Awards Act of 2003

Sponsored by: Dana Rohrabacher
Co-Sponsors: None

    This bill authorizes the NASA Administrator to establish an awards 
program in honor of Charles `Pete' Conrad, astronaut and space 
scientist, for recognizing the discoveries made by amateur astronomers 
of asteroids with near-Earth orbit trajectories.

Program Authorized--The bill authorizes the NASA Administrator to 
establish the Charles `Pete' Conrad Astronomy Awards program and to 
contract with the Minor Planet Center of the Smithsonian Astrophysical 
Observatory to administer the program.

Awards Categories--The bill awards outstanding amateur astronomers who 
discover the largest new asteroid having a near-Earth orbit and 
asteroids using information derived from professional sources and 
locating newly discovered asteroids. Awards also are made for those who 
provide the greatest service to update the Minor Planet Center's 
catalogue of known asteroids.

Guidelines for Awarding Prizes--The prizes are awarded in recognition 
of a single or group of amateur(s) with the greatest contribution to 
NEO survey as determined by the Minor Planet Center. The receipt of 
awards is limited to U.S. citizens.

Eligibility--Applicants must demonstrate that they are not funded to 
use professional telescopes or observations while participating in the 
program, and Government and professional astronomers associated with 
surveys of NEOs, as well as their family members, are ineligible for 
the awards.

Regulations--The NASA Administrator or the Minor Planet Center may 
develop regulations for implementing the program.

Authorization of Appropriations--The bill authorizes for appropriation 
$10,000 for FY 2004 and FY 2005, respectively, to carry out the 
program.
                Section-By-Section Analysis of H.R. 912,
           Charles `Pete' Conrad Astronomy Awards Act of 2003
    This bill authorizes the NASA Administrator to establish an awards 
program in honor of Charles `Pete' Conrad, astronaut and space 
scientist, for recognizing the discoveries made by amateur astronomers 
of asteroids with near-Earth orbit trajectories. The bill authorizes to 
be appropriated $10,000 for each of the fiscal years 2004 and 2005 to 
carry out this bill.

Section 1. Short Title.

Section 2. Pete Conrad Astronomy Award Program.

    This section authorizes the NASA Administrator to establish the 
Charles `Pete' Conrad Astronomy Awards program and to contract with the 
Minor Planet Center of the Smithsonian Astro-physical Observatory to 
administer the program. The Act establishes awards for the following 
individuals: a) an amateur astronomer who discovers the largest new 
asteroid having a near-Earth orbit; b) an amateur astronomer for the 
discovery of asteroids using information derived from professional 
sources and locating newly discovered asteroids; and c) those 
individuals who provide the greatest service to update the Minor Planet 
Center's catalogue of known asteroids. The awards for all three 
categories are limited to U.S. citizens. This section requires that 
applicants demonstrate that they are not funded to use professional 
telescopes or observations while participating in the program. 
Government and professional astronomers associated with surveys of 
NEOs, as well as their family members, are ineligible for the awards. 
This section permits the NASA Administrator or the Minor Planet Center 
to develop regulations for implementing the program. This section 
authorizes to be appropriated $10,000 for each of the fiscal years 2004 
and 2005.



  XXI. PROCEEDINGS OF THE FULL COMMITTEE MARKUP ON H.R. 912, CHARLES 
                  ``PETE'' CONRAD ASTRONOMY AWARDS ACT

                              ----------                              


                      WEDNESDAY, FEBRUARY 4, 2004

                  House of Representatives,
                                      Committee on Science,
                                                    Washington, DC.

    The Committee met, pursuant to call, at 10:08 a.m., in Room 
2318 of the Rayburn House Office Building, Hon. Sherwood L. 
Boehlert [Chairman of the Committee] presiding.
    Chairman Boehlert. Good morning. The Committee on Science 
will be in order. We will begin with a few brief administrative 
matters involving the Subcommittee assignments. I ask unanimous 
consent to change the ratio of the Subcommittee on Energy from 
ten Republican Members and eight Democrat Members to eleven 
Republican Members and nine Democrats. Without objection, so 
ordered.
    I ask unanimous consent that the gentleman from Texas, the 
Honorable Ralph Hall, be elected to the Subcommittee on Energy 
and to the Subcommittee on Space and Aeronautics. Without 
objection, so ordered.
    Let me just say this is--you will notice some adjustments 
in the chairs up here, in the line up. First of all, it is a 
pleasure for me to welcome Mr. Hall to our side of the aisle. 
We have come to expect wonderful things from Mr. Hall. And one 
of the things that I admire most about him, in addition to his 
wit, is his good judgment. So Mr. Hall, welcome.
    And I also want to welcome my dear friend and colleague of 
many years, Bart Gordon, to the position as Ranking Member as 
leader of the Democrats. He is not leader of the opposition; he 
is leader of our partners in this effort. And I want to 
particularly note that he has been a most active Member of this 
committee from the beginning, from his first time here in 1985 
as a freshman Member. He is a thoughtful, deliberative guy. He 
is a guy who pays attention to the issues and one from whom I 
will expect great things in the future. I would point out that 
he also has a minor Committee assignment. He is a Member of 
Energy and Commerce, but this is where he devotes his--so much 
time and attention to very productive results. So Mr. Gordon, 
welcome. Mr. Hall, welcome. We are glad to have everyone here.
    And now the Chair is pleased to recognize the Ranking 
Member from Tennessee, Mr. Gordon.
    Mr. Gordon. Mr. Chairman, I should just say amen. I don't 
think I can beat your kind remarks. Thank you very much. I am 
excited about having the opportunity to serve as the Ranking 
Member. And I am pleased that our friend, Mr. Hall, is going to 
stay and be the referee. He has set a very good example for us, 
as you said, in working in a bipartisan manner. We want to 
continue that example.
    I think today is fitting that we have a full agenda, and so 
I want to be very brief and--so that we can move forward, but I 
do want to thank you for allowing Congressman Udall and 
Congressman Miller to have two bills today. And I hope that you 
will help us bring these to the Floor as promptly as you have 
brought them to this committee.
    Thank you very much.
    Chairman Boehlert. Mr. Hall.
    Mr. Hall. Mr. Chairman, and to the Ranking Member and to 
the other Members, I thank you very much. I am honored to be 
back on the Committee.
    I want to thank Mr. Gordon for his good judgment and for 
his kindness in keeping the team in place that we had set in 
place. They are good people and good folks to work with. I want 
to thank all of them from either side of the docket who have 
welcomed me here. Actually, when I decided--made the decision 
to switch parties, I didn't call anyone. I didn't call the 
President or anyone. I didn't tell anyone, including my wife, 
which was a mistake. I announced that I was making the switch 
and put it on the wire and then called and spoke to the 
Speaker. All I expected from him was that my seniority would be 
honored, and he said it would be. You have done that. And to 
both sides, I am the same guy I was when I came over here. I am 
probably the Speaker's problem now. So we will just have to 
wait and see how things go, but I am honored to be back with a 
group of men and women that I admire, respect, and look forward 
to working with.
    Thank you, and I yield back my time.
    Chairman Boehlert. Thank you so much.
    As those who have observed the deliberations of this 
committee would have testified to, it really doesn't matter 
where you sit in this committee, because we have some very 
important work and partisanship doesn't rear its ugly head very 
often here. On occasion it does, and we are all familiar with 
that. But when all is said and done, we work as a team, this 
Science Committee, and I am very proud of that. And so no 
matter where they are sitting, everybody is part of the team, 
and I thank them for their cooperation and support and vision 
as we look to the future.
    Pursuant to notice, the Committee on Science meets today to 
consider the following measures: H.R. 3551, the Surface 
Transportation Research Act of 2004; H.R. 3752, the Commercial 
Space Launch Amendments Act of 2004; H.R. 912, Charles ``Pete'' 
Conrad Astronomy Awards Act; H.R. 1292, Remote Sensing 
Applications Act of 2003; H.R. 3389, To amend the Stevenson-
Wydler Technology Innovation Act of 1980 to permit Malcolm 
Baldrige National Quality Awards to be made to nonprofit 
organizations; and H.Con.Res. 189, Celebrating the 50th 
anniversary of the International Geophysical Year and 
supporting an International Geophysical Year-2 in 2007-08. I 
ask unanimous consent for the authority to recess the 
Subcommittee at any point, and without objection, it is 
ordered.
    We will now proceed with opening statements. I want to 
welcome everyone here for this important markup. We want to get 
done by 11:00 a.m., so we will need to be brief. I am not 
planning to make any statements this morning other than this 
one, so I will discuss each of the bills right now. But first 
let me say that all of the bills, as usual, reflect long hours 
of bipartisan work on important issues. The smooth markup that 
we expect today is the result of countless hours of staff work 
on both sides of the aisle working out the kinks.
    The first that we will take up is the Transportation 
Research and Development Act offered by Dr. Ehlers and the 
negotiated amendments to it. The bill ensures that we will be 
devoting more resources to transportation R&D and that those 
resources will be better targeted. The bill authorizes an 
organized R&D effort that will focus on questions related to 
safety, environment, demographics, and getting the most out of 
the infrastructure that is already in place. It is an eminently 
sensible approach, and we will work hard to see that it becomes 
part of the overall highway bill. I know many Members have 
contributed ideas to the bill and to the amendments, including, 
in addition to the ones I have to offer, two freshmen Members 
on our side of the aisle, Mr. Neugebauer and Ms. Burgess--Dr. 
Burgess. I thank them for their contributions.
    The second measure on the roster is Mr. Rohrabacher's bill 
to amend the Commercial Space Launch Act. I want to thank 
Chairman Rohrabacher for bringing this important matter to our 
attention. We need to create a balanced and predictable 
regulatory regime that can help jump-start a commercial human 
space flight industry while protecting the public. I think that 
this bill does just that. I know some have concerns about the 
provision in the bill extending indemnification for just 3 
years. I don't want to have a long debate in this now, but the 
argument for indemnification has always been that we need to 
help out an infant industry. Well, no industry can remain 
infant forever. Indemnification has already been extended many 
times. Infancy has lasted long enough. In industry's interest, 
we need to send the signal now that the insurance regime out to 
be changing in the future. It certainly would not be fair or 
wise to catch industry off guard.
    The third bill is also offered by Chairman Rohrabacher. It 
would set up awards for amateur astronomers who discover near-
Earth asteroids. It is one of those ideas that is so obviously 
good that it is amazing that it hasn't happened already.
    The fourth bill is Mr. Udall's remote sensing bill. This is 
also a sensible bill that we passed in the last Congress. We 
ought to be doing more to ensure that the remote sensing data 
we have is actually being used. Mr. Weldon will be offering a 
helpful amendment on that to single out one use of the data: 
locating forest fires. I support that amendment.
    The fifth bill would expand the Baldrige Quality Awards to 
include nonprofits. I helped craft the legislation creating the 
Baldrige Award years ago. Little did I appreciate then what a 
major success the award would be. I congratulate Mr. Miller on 
his bill to expand the award.
    The sixth bill by Mr. Udall would call for another 
International Geophysical Year, 50 years after the first one 
was so successful in bringing the world together to conduct 
pioneering research in Antarctica, research several of us got 
to see firsthand last year. This is another idea that deserves 
this committee's support.
    I congratulate all of my colleagues on their hard work on 
these bills, and I look forward to their prompt passage here 
and on the House Floor.
    Let me once again restate the deep appreciation all of us 
have, on both sides, for the outstanding work of the very 
capable and hardworking professional staff. These are people 
who are here long after we have gone home, long after we have 
checked out of the airport to return to our Districts, working 
day and night and weekends to provide us with the support we 
need to do the good work we are doing.
    [The prepared statement of Mr. Boehlert follows:]
            Prepared Statement of Chairman Sherwood Boehlert
    I want to welcome everyone here for this important markup. We want 
to get done by 11 a.m., so we all need to be brief. I'm not planning to 
make any statements this morning other than this one, so I will discuss 
each of the bills right now.
    But first let me say that all the bills, as usual, reflect long 
hours of bipartisan work on important issues. The smooth markup that we 
expect today is a result of countless hours of staff work on both sides 
of the aisle working out the kinks.
    The first bill we will take up is the transportation research and 
development (R&D) bill offered by Mr. Ehlers and the negotiated 
amendments to it. This bill ensures that we will be devoting more 
resources to transportation R&D and that those resources will be better 
targeted. The bill authorizes an organized R&D effort that will focus 
on questions related to safety, environment, demographics, and getting 
the most out of the infrastructure that is already in place. It's an 
eminently sensible approach, and we will work hard to see that it 
becomes part of the overall highway bill.
    I know many Members have contributed ideas to the bill and to the 
amendments, including (in addition to me), two freshmen Members on our 
side of the aisle, Mr. Neugebauer and Mr. Burgess. I thank them for 
their contributions.
    The second measure on the roster is Mr. Rohrabacher's bill to amend 
the Commercial Space Launch Act.
    I want to thank Chairman Rohrabacher for bringing this important 
matter to our attention. We need to create a balanced and predictable 
regulatory regime that can help jump-start a commercial human space 
flight industry while protecting the public. I think this bill does 
just that.
    I know some have concerns about the provision in the bill extending 
indemnification for just three years. I don't want to have a long 
debate on this now, but the argument for indemnification has always 
been that we need to help out an infant industry. Well, no industry can 
remain an infant forever. Indemnification has already been extended 
many times. Infancy has lasted long enough. In industry's interest, we 
need to send the signal now that the insurance regime ought to be 
changing in the future. It certainly would not be fair or wise to catch 
industry off guard.
    The third bill is also offered by Mr. Rohrabacher. It would set up 
awards for amateur astronomers who discover near-Earth asteroids. It's 
one of those ideas that is so obviously good that it's amazing that it 
isn't happening already.
    The fourth bill is Mr. Udall's remote sensing bill. This is also a 
sensible bill that we passed in the last Congress. We ought to be doing 
more to ensure that the remote sensing data we have is actually being 
used. Mr. Weldon will be offering a helpful amendment on that bill to 
single out one use of the data--locating forest fires. I support that 
amendment.
    The fifth bill would expand the Baldrige Quality Award to include 
non-profits. I helped craft the legislation creating the Baldrige Award 
years ago; little did I understand then what a major success the Award 
would be. I congratulate Mr. Miller on his bill to expand the Award.
    The sixth bill, by Mr. Udall, would call for another International 
Geophysical Year, 50 years after the first one was so successful in 
bringing the world together to conduct pioneering research in 
Antarctica--research several of us got to see firsthand last year. This 
is another idea that deserves this committee's support.
    I congratulate all my colleagues on their hard work on these bills, 
and I look forward to their prompt passage here--and on the House 
Floor.
    Mr. Gordon.

    Chairman Boehlert. I now recognize Mr. Gordon for five 
minutes to present his opening remarks.
    Mr. Gordon. Mr. Chairman, I am pleased to report to the 
Committee that the Democratic Caucus of the Science Committee 
has elected the Honorable Nick Lampson of Texas as the Ranking 
Democrat on the Subcommittee on Space and Aeronautics. Mr. 
Lampson has been a Member of the Committee and the Subcommittee 
since his election to Congress in 1996. He represents the 
Johnson--we will try again here. Okay. He represents the 
Johnson Space Center in Houston, and he has been out front in 
his vision for human space flight. Accordingly, I ask unanimous 
consent that the seniority order for the Democratic membership 
of the Subcommittee on Space and Aeronautics be changed to 
reflect the action of our Caucus, placing Mr. Lampson first in 
the Democratic seniority.
    Chairman Boehlert. Without objection.
    Mr. Gordon. Mr. Chairman, I ask unanimous consent for 
another request, and that is I am pleased to report to the 
Committee that the Democratic Caucus of the Science Committee 
has elected the Honorable John Larson of Connecticut as ranking 
Democrat on the Subcommittee on Energy. John has been a Member 
of the Committee since 1998, also serves as the Ranking Member 
on the House Administration Committee, and was a leader in 
developing many of the R&D provisions of the energy bill. 
Accordingly, I ask unanimous consent that the Honorable John 
Larson be elected to the Subcommittee on Energy and that rank 
in seniority is first on the Democratic membership.
    Chairman Boehlert. Without objection.
    Mr. Gordon. Mr. Chairman, respecting your interest in 
getting out by 11:00, I will reserve any remarks on the bills 
as they come forth.
    Chairman Boehlert. Thank you very much. Without objection, 
all Members may place opening statements in the records at this 
point--in the record at this point.
    We will now consider the bill H.R. 912, the Charles 
``Pete'' Conrad Astronomy Awards Act. I now recognize Mr. 
Gordon for five minutes to present his opening remarks.
    Mr. Gordon. Mr. Chairman, I will make my complimentary 
remarks about Mr. Rohrabacher a part of the record.
    Chairman Boehlert. Mr. Rohrabacher--all right. Thank you 
very much, Mr. Gordon and to--and also to you, Mr. Chairman.
    This amendment, which is offered as a substitute to H.R. 
912, the Charles ``Pete'' Conrad Astronomy Awards Act of 2003, 
creates an awards program for amateur astronomers who discover 
near-Earth asteroids. The bill also provides an award for the 
individual or group that provides the greatest service to the 
Minor Planet Center of the Smithsonian Astrophysical 
Observatory. The ``Pete'' Conrad awards program will help 
augment existing government capabilities for tracking natural 
space objects by promoting private citizens to observe the 
heavens. We--what we want to do is encourage people, especially 
young people, to get out and get involved in space and to be 
involved in identifying objects in the heavens. And I think 
this is a good way to bring young people into America's space 
program.
    I appreciate the Chairman's attention to this critical 
issue and his support for a worthy cause. This amendment does 
not alter the intent of the original bill but clarifies the 
awards program, the roles, the responsibilities of NASA and the 
Smithsonian's Minor Planet Center. We have worked with NASA and 
the Smithsonian as well as our colleagues on both sides of the 
aisle to make these improvements, and I thank you for your 
support. And H.R. 912 will honor ``Pete'' Conrad, who is a 
genuine American hero, third man on the moon, a gentleman who I 
called for--was a good friend, and we will miss him. He passed 
away a few years ago in a motorcycle accident.
    Chairman Boehlert. And he was a good friend of the 
Committee. Thank you very much, Mr. Rohrabacher.
    Mr. Rohrabacher. Yes, he was. Thank you very much.
    Chairman Boehlert. Without objection, all Members may place 
opening statements in the record at this point.
    [The prepared statement of Ms. Jackson Lee follows:]
        Prepared Statement of Representative Sheila Jackson Lee
Mr. Chairman,

    I strongly support the Pete Conrad Astronomy Act, and commend the 
Chairman of the Space Subcommittee for his creativity and leadership in 
promoting space exploration.
    This Act will reward individuals who through their hard work and 
dedication have made fundamental contributions to our knowledge of the 
universe. This Act will stimulate interest in space exploration--a 
field that helps keep us on the cutting edge of technology and 
captivates young minds. Discoveries made by amateur astronomers have 
helped with the enormous task of cataloguing the many asteroids and 
small bodies that share the solar system with us. Those amateur 
astronomers deserve to be rewarded. It is a valuable service to this 
nation and to the world, and should be encouraged. This Act will do 
both.
    My only question is if we want to reward and encourage this 
valuable work, why should we limit those who qualify for the awards? 
People from around the world to study at our great colleges and 
universities. They are often some of the best and brightest from their 
home countries. They pay high tuitions as international students. They 
often bring money into our communities. Many study the sciences and 
math and work hard in our labs, and make big contributions in their 
fields. I can imagine that such young people might also be the kind of 
folks that could make effective amateur astronomers.
    I will offer an amendment later that will open up the Pete Conrad 
Awards to non-immigrant students. I hope my colleagues will support it, 
and the underlying bill.

    Chairman Boehlert. I ask unanimous consent that the bill is 
considered as read and open to amendment at any point and that 
the Members proceed with the amendments in the order of the 
roster. Without objection, so ordered.
    The first amendment on the roster is an amendment in the 
nature of a substitute offered by the Chairman of the Space and 
Aeronautics Subcommittee, Mr. Rohrabacher. The Clerk shall 
report the amendment.
    Ms. Tessieri. Amendment in the nature of a substitute to 
H.R. 912 offered by Mr. Rohrabacher.
    [Amendment offered by Mr. Rohrabacher appears in Appendix.]
    Chairman Boehlert. I ask unanimous consent to dispense with 
the reading. Without objection, so ordered.
    The gentleman from California.
    Mr. Rohrabacher. I offer the statement that I just made to 
be placed in the record at this point.
    [The prepared statement of Mr. Rohrabacher follows:]
         Prepared Statement of Representative Dana Rohrabacher
    The amendment to H.R. 912, the Charles `Pete' Conrad Astronomy 
Awards Act of 2003, creates an awards program for amateur astronomers 
who discover near-Earth asteroids. The bill also provides an award for 
the individual or group that provides the greatest service to the Minor 
Planet Center of the Smithsonian Astrophysical Observatory. The Pete 
Conrad awards program will help argument existing government 
capabilities for tracking natural space objects by promoting private 
citizens to observe the heavens. I appreciate the Chairman's attention 
to this critical issue and his support of this worthy cause.
    This amendment does not alter the intent of the original bill, but 
clarifies the award's program, the roles, and responsibilities of NASA 
and the Smithsonian's Minor Planet Center. We have worked with NASA, 
the Smithsonian, and our colleagues across the aisle to make these 
improvements. Thank you for your help and support.
    H.R. 912 will honor Pete Conrad and in doing so establish an annual 
award for asteroid discoveries by amateur astronomers in his name.

    Chairman Boehlert. Thank you very much.
    Is there any further discussion on the amendment? Hearing 
none, the vote is on the amendment. No, wait. The next 
amendment--oh, all right. Now the same procedure as we did with 
the previous one.
    The next amendment on the roster is offered by Ms. Jackson 
Lee from Texas. Are you ready to proceed?
    Ms. Jackson Lee. I am, Mr. Speaker--Mr. Chairman, thank you 
very much.
    Chairman Boehlert. I recognize the gentlelady from Texas.
    Ms. Jackson Lee. Thank you very much, Mr. Chairman.
    First of all, I enthusiastically support the distinguished 
gentleman from California's legislation.
    Chairman Boehlert. Do you have an amendment at the desk?
    Ms. Jackson Lee. The amendment is at the desk. I am sorry, 
Mr. Chairman. Thank you.
    Chairman Boehlert. And the Clerk will report the amendment.
    Ms. Tessieri. Amendment offered by Ms. Jackson Lee to H.R. 
912.
    [Amendment offered by Ms. Jackson Lee is located in the 
Appendix.]
    Chairman Boehlert. I ask unanimous consent to dispense with 
the reading. Without objection, so ordered.
    The gentlelady is recognized.
    Ms. Jackson Lee. Thank you very much, Mr. Chairman. I 
enthusiastically support the ``Pete'' Conrad astronomy awards 
and the amendment of Mr. Rohrabacher.
    I would just offer to my colleagues that we have a 
wonderful country that is very warm and receiving of 
international students, many of whom add great contributions, 
not only to space exploration, but also to our science research 
and our laboratory work around the world. My amendment is 
simple. It strikes the language that prevents non-immigrant 
students who come in as international students pay high 
international fees or tuition fees. And in fact, some 
universities are benefited a great deal by the population of 
international students that will come. And if you talk to 
academic institutions, one of the concerns they had with the 
new Department of Homeland Security and the rules that were put 
in place is not so much that we did not want to be secure but 
the impact that it had on its international student population, 
which for years has been a very positive aspect to our American 
students. I would hope that the ``Pete'' Conrad astronomy 
awards would be able to honor that research and science 
discovery as it would honor any other. And so my amendment 
suggests that these students would be included as opposed to 
excluded. I yield back my time.
    [The prepared statement of Ms. Jackson Lee follows:]
        Prepared Statement of Representative Sheila Jackson Lee
Mr. Chairman,

    Again, I strongly support the Pete Conrad Astronomy Act, and 
commend Chairman Rohrabacher for his leadership in encouraging space 
exploration. This amendment will simply open up the Pete Conrad Awards 
to non-immigrant students.
    If we want to reward and encourage the valuable work of amateur 
astronomers, why should we limit those who qualify for the awards? 
Young people come from around the world to study at our great colleges 
and universities. They are often some of the best and brightest from 
their home countries. They pay high tuitions as international students. 
They often bring money into our communities. Many study the sciences 
and math and work hard in our labs, and make big contributions in their 
fields. I can imagine that such young people might also be the kind of 
folks that might be of service as amateur astronomers.
    We invite these fine young people to our country. They may not be 
Americans, but they are part of the American community. If they rise to 
the challenges put before them, I feel they too deserve to be rewarded. 
I hope you will support this amendment.

    Chairman Boehlert. Chairman Rohrabacher?
    Mr. Rohrabacher. Ms. Jackson Lee has a very good heart, and 
I appreciate her motives behind this. I am afraid that I am 
going to have to oppose this. I think that the money and 
resources that we are spending on this should be focused on 
U.S. citizens and on legal immigrants. And while I sympathize 
with students coming here from other countries, I think that we 
should be trying to encourage our own--using this award to 
encourage our own citizens and our own young people rather than 
those that will return home to another country after their 
education.
    Ms. Jackson Lee. Would the gentleman yield?
    Mr. Rohrabacher. I certainly will.
    Ms. Jackson Lee. And I thank the gentleman for his point. I 
do want to make clear to my colleagues that my amendment 
applies to non-immigrant status. It is not illegal status.
    Mr. Rohrabacher. Right.
    Ms. Jackson Lee. It means that the students are here in a 
Ph.D. program or a Master's program or undergraduate through a 
legitimate student visa at institutions such as MIT, Harvard, 
Stanford, and many other places.
    Now I do agree that this is an important step for 
encouraging our young people in the math and sciences, but what 
I am suggesting is that there are international students who 
are here and being very viable parts of our academic 
institutions' welcome parts and are doing great research in 
collaboration with our students and may provide even additional 
incentive to those students. And I ask my colleagues to 
consider the amendment, but I thank----
    Mr. Rohrabacher. Right.
    Ms. Jackson Lee.--the gentleman for his comments. I just 
didn't want anyone to think----
    Chairman Boehlert. Chairman Rohrabacher.
    Mr. Rohrabacher. Reclaiming my time.
    Ms. Jackson Lee. I yield back.
    Mr. Rohrabacher. Reclaiming my time, and that is--you are 
absolutely correct. Your amendment was not aimed at illegal 
immigrants whatsoever. It was aimed at the group that you just 
outlined for us, but with that said, the people that we are 
talking about will be leaving the United States and going home 
to their home countries. I would prefer, and I would hope my 
colleagues would prefer to--focusing our efforts on encouraging 
our own young people, both U.S. citizens and legal residents, 
rather than people who will be going back to other countries.
    Thank you very much.
    Chairman Boehlert. Thank you. And the Chair supports that 
position. Let me ask Ms. Jackson Lee if she would be willing to 
withdraw the amendment and have further discussions with the 
Chair and the Ranking--and the Chairman of the Subcommittee 
prior to going to the Floor. I would observe that we received 
this amendment a nanosecond before the markup started, so we 
didn't really have the time to think it through and discuss it. 
But I am willing to think it through and discuss it, if the 
gentlelady is willing to withdraw and engage in that procedure 
prior to bringing the bill to the Floor.
    Ms. Jackson Lee. Excuse me. Mr. Chairman, that is a worthy 
thought. Might I yield to Congressman Lofgren just for a 
moment, please?
    Ms. Lofgren. I would support further work on this, but 
would add that if we do, we might also include the J-visa 
exchange students in the discussion.
    Ms. Jackson Lee. Mr. Chairman----
    Chairman Boehlert. I think they should be thoughtful 
discussions but should not be resolving the issue now in the 
view of the fact that we have had very limited time to have 
exposure to the breadth and depth of the idea.
    Ms. Jackson Lee. Mr. Chairman, with respecting the time 
frame that we are working with and knowing that this bill came 
forward last evening and so we rushed to get this, what I hope 
is viewed as a credible amendment this morning, I would be very 
open to the discussion including the comments that Congressman 
Lofgren has indicated. Would you be able to tell me, is this 
rushing to the Floor next week, Mr. Chairman? Do you happen to 
know whether we will be on the Floor with this bill next week?
    Chairman Boehlert. We don't know. Not next week.
    Ms. Jackson Lee. All right.
    Chairman Boehlert. So which will assure us that we have the 
ample time to do what I am suggesting we ought to do.
    Ms. Jackson Lee. Then I would welcome the opportunity to 
have this thoughtful discussion. Hopefully we can work out 
something that is reasonable and respecting of all of our 
concerns about this legislation.
    I--at this time, I ask unanimous consent to withdraw this 
amendment----
    Chairman Boehlert. Without objection, so ordered.
    Ms. Jackson Lee.--and take up the Chairman's offer.
    Chairman Boehlert. Is there further discussion on the 
amendment in the nature of a substitute? If no, the vote occurs 
on the amendment in the nature of a substitute. All of those in 
favor, say aye. Opposed, no. The ayes have it. And the 
amendment in the nature of a substitute is agreed to.
    The question is now on the bill H.R. 912, Charles ``Pete'' 
Conrad Astronomy Awards Act, as amended. All of those in favor 
will say aye. All of those opposed, no. In the opinion of the 
Chair, the ayes have it.
    I now recognize Mr. Gordon to offer a motion.
    Mr. Gordon. Mr. Chairman, I move the Committee favorably 
report H.R. 912, as amended, to the House with the 
recommendation that the bill, as amended, do pass. Furthermore, 
I move that the staff be instructed to prepare the legislative 
report and make necessary technical and conforming changes and 
the Chairman take all necessary steps to bring the bill before 
the House for consideration.
    Chairman Boehlert. The question is on the motion to report 
the bill favorably. Those in favor of the motion will signify 
by saying aye. Opposed, no. The ayes appear to have it, and the 
resolution is favorably reported.
    Without objection, the motion to reconsider is laid upon 
the table. I move that Members have two subsequent calendar 
days in which to submit supplemental, minority, or additional 
views on the measure. I move pursuant to Clause 1 of Rule 22 of 
the Rules of the House of Representatives that the Committee 
authorize the Chairman to offer such motions as may be 
necessary in the House to adopt and pass H.R. 912, as amended, 
and to go to conference with the Senate on H.R. 912 or a 
similar Senate bill. Without objection, so ordered.
    I guess this is the time that we will recess until 1:00 for 
the benefit of our colleagues to go to the Floor and hear the 
distinguished visitor, the President of Spain. The Committee 
stands in recess until 1:00.
    This concludes our Committee markup, and I thank my 
colleagues for their enthusiastic participation. We are now 
adjourned.
    [Whereupon, at 1:33 p.m., the Committee was adjourned.]
                                Appendix

                              ----------                              


Amendment Roster, Amendment, H.R. 912, Sectional Analysis of H.R. 912, 
         Sectional Analysis of Amendment, Summary of Amendment






                     Sectional Analysis of H.R. 912

Summary of H.R. 912, the Charles `Pete' Conrad Astronomy Awards Act of 
                                  2003

    This bill authorizes the NASA Administrator to establish an awards 
program in honor of Charles `Pete' Conrad, astronaut and space 
scientist, for recognizing the discoveries made by amateur astronomers 
of asteroids with near-Earth orbit trajectories. The bill authorizes to 
be appropriated $10,000 for each of the fiscal years 2004 and 2005 to 
carry out this bill.

Section 1. Short Title.

Section 2. Pete Conrad Astronomy Award Program.

    This section authorizes the NASA Administrator to establish the 
Charles `Pete' Conrad Astronomy Awards program and to contract with the 
Minor Planet Center of the Smithsonian Astro-physical Observatory to 
administer the program. The Act establishes awards for the following 
individuals: a) an amateur astronomer who discovers the largest new 
asteroid having a near-Earth orbit; b) an amateur astronomer for the 
discovery of asteroids using information derived from professional 
sources and locating newly discovered asteroids; and c) those 
individuals who provide the greatest service to update the Minor Planet 
Center's catalogue of known asteroids. The awards for all three 
categories are limited to U.S. citizens. This section requires that 
applicants demonstrate that they are not funded to use professional 
telescopes or observations while participating in the program. 
Government and professional astronomers associated with surveys of 
NEOs, as well as their family members, are ineligible for the awards. 
This section permits the NASA Administrator or the Minor Planet Center 
to develop regulations for implementing the program. This section 
authorizes to be appropriated $10,000 for each of the fiscal years 2004 
and 2005.
 Sectional Analysis of Amendment in the Nature of a Substitute to H.R. 
      912, the Charles `Pete' Conrad Astronomy Awards Act of 2003
    This amendment directs the NASA Administrator to establish an 
awards program in honor of Charles `Pete' Conrad, astronaut and space 
scientist, for recognizing the discoveries made by amateur astronomers 
of near-Earth asteroids that have orbits with the potential for a close 
encounter or collision with Earth. The awards are one time payments in 
the amount of $3000. The amendment authorizes to be appropriated such 
sums as may be necessary to carry out the program.

Section 1. Short Title.

Section 2. Definitions.

    This section defines several terms used throughout the bill. Key 
definitions include the term `amateur astronomer,' which 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 `near-Earth asteroid,' which means an 
asteroid with a perihelion distance of less than 1.3 Astronomical Units 
from the Sun.

Section 3. Pete Conrad Astronomy Award Program.

    This section authorizes the NASA Administrator to establish the 
Charles `Pete' Conrad Astronomy Awards program; make awards under the 
program based on the recommendations of the Minor Planet Center; and 
make one award annually in each category if eligible discoveries or 
contributions are made. The amendment establishes awards for the 
following categories of individuals and groups: a) who in the preceding 
calendar year discovered the intrinsically brightest near-Earth 
asteroid among the near-Earth asteroids that were discovered during 
that year; and b) who made the greatest contribution to the Minor 
Planet Center's mission of cataloguing near-Earth asteroids during the 
preceding year. Awards to recipients, limited to U.S. citizens, are in 
the amount of $3000. The Administrator's decisions in making the awards 
are final. This section of the amendment also authorizes to be 
appropriate such sums as may be necessary to carry out the program.
    Summary of the Amendment to H.R. 912, the Charles `Pete' Conrad 
                      Astronomy Awards Act of 2003

Sponsored by: Dana Rohrabacher

Co-Sponsors: None

    This amendment directs the NASA Administrator to establish an 
awards program in honor of Charles `Pete' Conrad, astronaut and space 
scientist, for recognizing the discoveries made by amateur astronomers 
of near-Earth asteroids that have orbits with the potential for a close 
encounter or collision with Earth.

Program Authorized--The amendment authorizes the NASA Administrator to 
establish the Charles `Pete' Conrad Astronomy Awards program. The 
awards are based on the recommendations of the Minor Planet Center of 
the Smithsonian Astrophysical Observatory.

Eligibility--The amendment defines amateur astronomers that do not 
receive compensation of any kind for observing near-Earth asteroids. A 
Near-Earth Asteroid (NEA) is defined as an asteroid with a perihelion 
distance of less than 1.3 Astronomical Units from the Sun.

Awards Categories--The amendment authorizes the NASA Administrator to 
award $3000 to outstanding amateur astronomers who discover the 
intrinsically brightest near-Earth asteroid among the near-Earth 
asteroids discovered that year by amateur astronomers. Identical awards 
may also be made for those who provide the greatest service to update 
the Minor Planet Center's catalogue of known asteroids.

Guidelines for Awarding Prizes--The recipients of awards are limited to 
U.S. citizens, and the NASA Administrator's decision in making the 
awards are final.

Authorization of Appropriations--The amendment authorizes for 
appropriations such sums as may be necessary to carry out this program.

                                
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