[House Report 108-423]
[From the U.S. Government Publishing Office]




108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     108-423
======================================================================
 
                REMOTE SENSING APPLICATIONS ACT OF 2004

                                _______
                                

 February 18, 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. 1292]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Science, to whom was referred the bill 
(H.R. 1292) to encourage the development and integrated use by 
the public and private sectors of remote sensing and other 
geospatial information, and for other purposes, 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.............................................4
 III. Background and Need for the Legislation.........................4
  IV. Summary of Hearings.............................................4
   V. Committee Actions...............................................5
  VI. Summary of Major Provisions of the Bill.........................6
 VII. Section-by-Section Analysis (by Title and Section)..............6
VIII. Committee Views.................................................7
  IX. Cost Estimate...................................................8
   X. Congressional Budget Office Cost Estimate.......................8
  XI. Compliance With Public Law 104-4 (Unfunded Mandates)............9
 XII. Committee Oversight Findings and Recommendations................9
XIII. Statement on General Performance Goals and Objectives...........9
 XIV. Constitutional Authority Statement..............................9
  XV. Federal Advisory Committee Statement............................9
 XVI. Congressional Accountability Act...............................10
XVII. Statement on Preemption of State, Local, or Tribal Law.........10
XVIII.Changes in Existing Law Made by the Bill, as Reported..........10

 XIX. Committee Recommendations......................................10
  XX. Proceedings of the Subcommittee Markup.........................11
 XXI. Proceedings of the Full Committee Markup.......................31

                              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 ``Remote Sensing Applications Act of 
2004''.

SEC. 2. FINDINGS.

    The Congress finds that--
          (1) although urban land use planning, growth management, and 
        other functions of State, local, regional, and tribal agencies 
        are rightfully within their jurisdiction, the Federal 
        Commission can and should play an important role in the 
        development and demonstration of innovative techniques to 
        improve comprehensive land use planning and growth management;
          (2) the United States is making a major investment in 
        acquiring remote sensing and other geospatial information from 
        both governmental and commercial sources;
          (3) while much of the data is being acquired for scientific 
        and national security purposes, it also can have important 
        applications to help meet societal goals;
          (4) it has already been demonstrated that Landsat data and 
        other earth observation data can be of enormous assistance to 
        Federal, State, local, regional, and tribal agencies for urban 
        land use planning, coastal zone management, natural and 
        cultural resource management, and disaster monitoring;
          (5) remote sensing, coupled with the emergence of geographic 
        information systems and satellite-based positioning 
        information, offers the capability of developing important new 
        applications of integrated sets of geospatial information to 
        address societal needs;
          (6) the full range of applications of remote sensing and 
        other forms of geospatial information to meeting public sector 
        requirements has not been adequately explored or exploited;
          (7) the Land Remote Sensing Policy Act of 1992, Presidential 
        Decision Directive 23 of 1994, and the Commercial Space Act of 
        1998 all support and promote the development of United States 
        commercial remote sensing capabilities;
          (8) many State, local, regional, tribal, and Federal agencies 
        are unaware of the utility of remote sensing and other 
        geospatial information for meeting their needs, even when 
        research has demonstrated the potential applications of that 
        information;
          (9) even when aware of the utility of remote sensing and 
        geospatial technologies in the area of wildland fire management 
        to detect and monitor a wildland fire in real-time from the 
        early stages of fire growth, many State, local, regional, and 
        tribal agencies are hampered by a lack of overall strategy 
        guiding interagency management of resources and technology, 
        according to a September 2003 Government Accounting Office 
        report;
          (10) remote sensing and other geospatial information, 
        especially when used in a coordinated approach, can be 
        particularly useful to State, local, regional, and tribal 
        agencies in the area of urban planning, especially in their 
        efforts to plan for and manage the impacts of growth, 
        development, and sprawl, as well as in wildland fire management 
        and environmental impact and disaster relief planning and 
        management;
          (11) the National Aeronautics and Space Administration, in 
        coordination with other agencies, can plan a unique role in 
        demonstrating how data acquired for scientific purposes, when 
        combined with other data sources and processing capabilities, 
        can be applied to assist State, local, regional, and tribal 
        agencies and the private sector in decisionmaking in such areas 
        as agriculture, weather forecasting, and forest management; and
          (12) in addition, the National Aeronautics and Space 
        Administration, in conjunction with other agencies, can play a 
        unique role in stimulating the development of the remote 
        sensing and other geospatial information sector through pilot 
        projects to demonstrate the value of integrating governmental 
        and commercial remote sensing data with geographic information 
        systems and satellite-based positioning data to provide useful 
        applications projects.

SEC. 3. DEFINITIONS.

    In this Act--
          (1) the term ``Administrator'' means the Administrator of the 
        National Aeronautics and Space Administration;
          (2) 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; 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. 4. 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 existing public or commercial 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;
          (2) State, local, regional, and tribal agencies in applying 
        remote sensing and other geospatial information technologies 
        for growth management; and
          (3) State, local, regional, and tribal agencies in obtaining 
        and utilizing satellite, aviation, and sensor capabilities for 
        wildland fire detection, analysis, and observation.
    (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 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. 5. 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 4. 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 4.
    (b) Effectiveness Evaluation.--Not later than December 31, 2008, 
the Administrator shall transmit to the Congress an evaluation of the 
effectiveness of the program established under section 4 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 evaluations shall have been conducted by an 
independent entity.

SEC. 6. DATA AVAILABILITY.

    The Administrator shall ensure that the results of each of the 
pilot projects completed under section 4 shall be retrievable through 
an electronic, Internet-accessible database.

SEC. 7. 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.

SEC. 8. COST SENSITIVITY STUDY.

    The Administrator shall conduct a study of the effect of remote 
sensing imagery costs on potential State, local, regional, and tribal 
agency applications. The study shall identify applications that are 
likely to be most affected by reductions in the cost of remote sensing 
imagery. Not later than 2 years after the date of the enactment of this 
Act, the Administrator shall transmit to the Congress the results of 
the study conducted under this section.

SEC. 9. REPORT.

    Not later than 6 months after the date of enactment of this Act, 
the National Aeronautics and Space Administration shall submit to 
Congress a report on how agencies are implementing the recommendations 
contained in the September 2003 General Accounting Office report 
entitled ``Geospatial Information: Technologies Hold Promise for 
Wildland Fire Management, but Challenges Remain''.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Administrator 
$15,000,000 for each of the fiscal years 2005 through 2009 to carry out 
this Act.

                        II. Purpose of the Bill

    The purpose of H.R. 1292 is to establish a program of 
competitive grants for pilot projects that use government and 
commercial remote sensing capabilities and other sources of 
geospatial information to address State, local, regional and 
tribal agency needs.

              III. Background and Need for the Legislation

    The full range of applications from NASA's Earth Science 
and commercial remote sensing satellite data and other forms of 
geospatial information to meet the needs of State, local, 
regional, and tribal agencies has not been adequately explored 
or exploited.

                        IV. Summary of Hearings

    On May 20, 2002, the Subcommittee on Space and Aeronautics 
held a hearing on state and local community use of the remote 
sensing applications program of the National Aeronautics and 
Space Administration (NASA). Witnesses included: Dr. Ray 
Williamson, Research Professor at the George Washington 
University Space Policy Institute; Dr. Edward Martinko, 
Director of the Kansas Applied Remote Sensing Program; Mr. Ron 
Birk, Director of the Applications Division, Earth Science 
Enterprise, NASA; and Dr. Kevin Price, Professor of Geography 
at the University of Kansas. The hearing addressed some of the 
ways that data from space-based and aircraft-based remote 
sensing systems can help with land use planning, severe weather 
and natural disaster management, and transportation planning 
for state and local needs.
    Dr. Ray Williamson testified that state and local 
communities have benefited substantially over the years from 
federal investments in space technologies, including remote 
sensing, global positioning, weather monitoring, and geospatial 
information services. Dr. Williamson said that the cost and 
risks of natural disasters can be reduced by the predictive 
techniques made possible by investments in Earth science 
research. Dr. Williamson observed that data analysis for Earth 
science research is often underfunded compared to the satellite 
budget, that data collected from Earth science satellites is 
often unused, and that training is needed to encourage wider 
use of the data already available.
    Dr. Edward Martinko testified about how university-
affiliated remote sensing organizations assist federal, state, 
and local agencies in overcoming the barriers of using 
satellite imagery. Dr. Martinko recommended that agencies that 
provide remote sensing data fund extensive research, 
demonstration projects, pilot studies, and a continuing program 
of outreach. Dr. Martinko also recommended funding for the 
development of decision-support tools, the establishment of 
regional centers to provide support with remote sensing 
applications, and data continuity with an open-data policy.
    Mr. Ron Birk testified about NASA's Earth Science 
Applications Program and the strategy behind the program. The 
overarching goal of the Earth Science Applications Program is 
to bridge the gap between research and the application of data 
to support decisions. Mr. Birk highlighted the program 
partnerships through which NASA promotes the use of data 
locally throughout the United States.
    Dr. Kevin Price testified about the unique application of 
remote sensing information to agriculture planning, monitoring 
crop conditions and yields. Dr. Price called for the 
establishment and continued support of applied research to 
bridge fundamental research and commercial product development. 
He argued that applied research in remote sensing increases the 
number of users, relevance to the taxpayer, return on 
investment, and commercial involvement.

                          V. Committee Actions

    On March 13, 2003, Representative Mark Udall introduced 
H.R. 1292, the Remote Sensing Applications Act of 2003, a bill 
to encourage the development and integrated use by the public 
and private sectors of remote sensing and other geospatial 
information.
    The Space and Aeronautics Subcommittee met on October 8, 
2003 to consider the bill.
    Ranking Member Gordon moved that the Subcommittee favorably 
report the bill, H.R. 1292, to the Full Committee and that the 
staff be instructed to make all necessary technical and 
conforming changes to the bill in accordance with the 
recommendations of the Subcommittee. With a quorum present, the 
motion was agreed to by a voice vote.
    On February 4, 2004, the Committee on Science considered 
H.R. 1292, as reported by the Subcommittee. An en bloc 
amendment was offered by Mr. Udall to change several dates 
specified in the bill. The amendment was agreed to by voice 
vote. An amendment was offered by Mr. Weldon to: (1) include a 
finding about the utility of remote sensing and geospatial 
technologies for wildland fire management; (2) direct the NASA 
Administrator to seek opportunities to assist in utilizing 
capabilities for wildland fire observation; and (3) direct NASA 
to submit to Congress a report on how agencies are implementing 
recommendations contained in a General Accounting Office report 
on wildland fire management. The amendment was agreed to by 
voice vote.
    The motion to adopt the bill, as amended, was agreed to by 
voice vote. Ranking Member Gordon moved that the Committee 
favorably report the bill, H.R. 1292, as amended, to the House 
with the recommendation that the bill as amended do pass and 
that 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 Bill

    This bill establishes a NASA program of competitively-
awarded grants for pilot projects that use government and 
commercial remote sensing capabilities and other sources of 
geospatial information to address State, local, regional and 
tribal agency needs. It authorizes $15,000,000 for each of the 
fiscal years 2005 through 2009 for the program.

        VII. Section-by-Section Analysis (by Title and Section)


Section 1. Short title

    ``Remote Sensing Applications Act of 2004.''

Section 2. Findings

    Specifies several findings of the Congress regarding remote 
sensing applications, including the following: the full range 
of applications of remote sensing and other forms of geospatial 
information to meet public sector requirements have not been 
adequately explored or exploited; such information can be 
particularly useful to State, local, regional, and tribal 
agencies in the area of urban planning, especially in their 
efforts to plan for and manage the impacts of growth, 
development, and sprawl, as well as in environmental impact and 
disaster relief planning and management; and NASA, in 
conjunction with other agencies, can play a unique role in 
stimulating the development of the remote sensing and other 
geospatial information sectors through pilot projects to 
demonstrate the value of integrating government and commercial 
remote sensing data with geographic information systems and 
satellite-based positioning data to provide useful applications 
products.

Section 3. Definitions

    Defines several terms used throughout the bill. Defines the 
term ``geospatial information'' to mean 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.

Section 4. Pilot projects to encourage public sector applications

    Directs the NASA Administrator to establish a program of 
competitively awarded grants for 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. Specifies certain preferences in awarding 
such grants. Directs NASA to seek opportunities to assist in 
the development of commercial applications and to assist State, 
local, regional, and tribal agencies in applying these 
technologies for growth management and wildland fire 
observation. Restricts assistance for such pilot projects to no 
more than 3 years. Requires each recipient of such a grant to 
report to NASA on the results of the pilot project and conduct 
a workshop for potential users to disseminate lessons learned 
from the project. Authorizes the Administrator to issue 
regulations for the conduct of the pilot projects.

Section 5. Program evaluation

    Directs the NASA Administrator to establish an advisory 
committee to monitor the program established under section 4. 
Directs the Administrator to transmit to the Congress an 
evaluation of the program established under section 4 by an 
independent entity no later than December 31, 2008.

Section 6. Data availability

    Directs the NASA Administrator to ensure that the results 
of each of the pilot projects completed under section 4 are 
retrievable through an electronic, Internet-accessible 
database.

Section 7. Education

    Directs the Administrator to 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.

Section 8. Cost sensitivity study

    Directs the NASA Administrator to conduct a study of the 
effect of remote sensing imagery costs on potential State, 
local, regional, and tribal agency applications and to transmit 
the study to Congress not later than 2 years after the date of 
enactment.

Section 9. Report

    Directs NASA to report to Congress not later than 6 months 
after enactment on how agencies are implementing the 
recommendations in a September, 2003 General Accounting Office 
report on the use of geospatial information in wildland fire 
management.

Section 10. Authorization of appropriations

    Authorizes $15,000,000 for each of the fiscal years 2005 
through 2009.

                         VIII. Committee Views

    The Committee believes that in addition to laws and 
Presidential directives cited in Section 2, the President's 
U.S. Commercial Remote Sensing Policy of April 2003 also 
supports and promotes the development of U.S. commercial remote 
sensing capabilities.
    The Committee expects the Advisory Committee established in 
Section 5 to establish specific and quantifiable goals for the 
program so that the effectiveness of the program may later be 
evaluated by the independent entity.
    In implementing educational outreach programs prescribed in 
Section 7, the Committee believes the Administrator should 
include the use of existing NASA-funded centers specializing in 
workforce development for geospatial applications.
    The Committee believes the cost sensitivity study in 
Section 8 should recommend whether changes are necessary in 
NASA policies to reduce the total cost to Federal, State, 
local, regional, and tribal agencies while meeting their remote 
sensing imagery application needs. This study should address if 
better incentives are needed for these agencies to use 
commercial remote sensing imagery.
    The Committee believes that in support of the analysis for 
the study in Section 8, NASA should compare the costs for 
State, local, regional, and tribal agencies as well as the 
Federal government in purchasing commercial remote sensing 
imagery compared to the total cost for analogous remote sensing 
imagery from NASA satellites.

                           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. 1292 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. 
1292 does 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 9, 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. 1292, the Remote 
Sensing Application Act of 2004.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Kathleen 
Gramp.
            Sincerely,
                                         Elizabeth Robinson
                               (For Douglas Holtz-Eakin, Director).
    Enclosure.

H.R. 1292--Remote Sensing Applications Act of 2004

    Summary: H.R. 1292 would authorize the appropriation of $15 
million a year over the 2005-2009 period for a new program of 
the National Aeronautics and Space Administration (NASA) to 
encourage the use of geospacial and remote sensing data by 
state, local, and tribal governments. The bill would authorize 
grants to demonstrate how such data could be used for land use 
planning, forest management, and other policy decisions. In 
addition, NASA would be required to study the cost-
effectiveness of such applications, evaluate the program, and 
prepare certain reports for the Congress.
    Assuming appropriation of the authorized amounts, CBO 
estimates that implementing this bill would cost $59 million 
over the 2005-2009 period. Enacting H.R. 1292 would have no 
effect on direct spending or revenues.
    H.R. 1292 contains no intergovernmental or private-sector 
mandates as defined in 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. 1292 is shown in the following table. 
For this estimate, CBO assumes that the amounts authorized will 
be appropriated near the beginning of each fiscal year and that 
outlays will follow historical patterns for such activities. 
The costs of this legislation fall within budget function 250 
(general science, space, and technology).

----------------------------------------------------------------------------------------------------------------
                                                                       By fiscal year, in millions of dollars--
                                                                    --------------------------------------------
                                                                       2005     2006     2007     2008     2009
----------------------------------------------------------------------------------------------------------------
                                   CHANGE IN SPENDING SUBJECT TO APPROPRIATION
 Authorization Level................................................       15       15       15       15       15
Estimated Outlays..................................................        4       11       14       15       15
----------------------------------------------------------------------------------------------------------------

    Intergovernmental and private-sector impact: H.R. 1292 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments. The bill would benefit state and local 
governments, as well as public universities and research 
centers, by providing grants to encourage the use of geospacial 
technologies. Any costs to these entities for matching federal 
funds or to comply with reporting requirements would be 
conditions of aid and thus voluntary.
    Estimate prepared by: Federal Costs: Kathleen Gramp; Impact 
on State, Local, and Tribal Governments: Greg Waring; and 
Impact on the Private Sector: Jean Talarico.
    Estimate approved by: Robert A. Sunshine, Assistant 
Director for Budget Analysis.

        XI. Compliance With Public Law 104-4 (Unfunded Mandates)

    H.R. 1292 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 goal of 
H.R. 1292 is to increase the use government and commercial 
remote sensing capabilities and other sources of geospatial 
information to address State, local, regional and tribal agency 
needs.

                XIV. Constitutional Authority Statement

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact H.R. 1292.

                XV. Federal Advisory Committee Statement

    The functions of the advisory committee established by H.R. 
1292 are not currently being nor could they be performed by one 
or more agencies or by enlarging the mandate of another 
existing advisory committee.

                 XVI. Congressional Accountability Act

    The Committee finds that H.R. 1292 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 H.R. 1292, Remote Sensing 
Applications Act of 2004, by a voice vote, and recommended its 
enactment.


    XX. PROCEEDINGS OF THE MARKUP BY THE SUBCOMMITTEE ON SPACE AND 
   AERONAUTICS ON H.R. 1292, REMOTE SENSING APPLICATIONS ACT OF 2003

                              ----------                              


                       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 markup 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.
    [The prepared statement of Mr. Rohrabacher follows:]
            Prepared Statement of Chairman Dana Rohrabacher
    Today we will markup 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 markup 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. Now we will consider H.R. 1292, the 
Remote Sensing Applications Act. I now recognize Mr. Udall, the 
author of H.R. 1292, for five minutes to offer any remarks that 
he may make on his legislation.
    Mr. Udall. Thank you, Mr. Chairman.
    I ask unanimous consent to include my entire statement in 
the record.
    Chairman Rohrabacher. So ordered.
    [The prepared statement of Mr. Udall follows:]
            Prepared Statement of Representative Mark Udall
    Mr. Chairman, thank you for holding this markup today.
    I introduced this bill in the 107th Congress, and the House passed 
it last year. I'm eager to work with my colleagues on both sides of the 
aisle in this Congress to see my legislation through to passage in both 
chambers.
    I first introduced this bill mainly to address a real problem we 
have in Colorado--the problem of excess growth and sprawl. My goal was 
to point to a way to utilize the resources of the Federal Government to 
help foster wise community planning and management at the local level. 
As a Member of the Science Committee, it made sense to me to look for 
ways to help communities grow in a smarter way through the use of 
technology.
    I reintroduced the bill in this Congress because I believe we need 
to do more to promote geospatial technology. Geospatial data from 
satellites can produce very accurate maps that show information about 
vegetation, wildlife habitat, flood plains, transportation corridors, 
soil types, and many other things.
    By giving State and local governments and communities greater 
access to geospatial data from commercial sources and federal agencies 
such as NASA, the Federal Government can help bring valuable--and 
powerful--informational planning resources to the table.
    My bill would facilitate this transfer of information. The bill 
would establish in NASA a program of grants for competitively awarded 
pilot projects. The purpose would be to explore the integrated use of 
sources of remote sensing and other geospatial information to address 
State, local, regional, and tribal agency needs.
    State and local governments and communities can use geospatial 
information in a variety of applications--in such areas as urban land-
use planning, coastal zone management and erosion control, 
transportation corridors, environmental planning, and agricultural and 
forest management.
    But another potential application is the use of geospatial 
technology to bolster our homeland security. Geospatial technology can 
help States and localities identify the location, nature, and scope of 
potential vulnerabilities and the impact of potential hazards, as well 
as how to respond to events and recover from them.
    Of course, it is important that we continue to add to our database 
of available geospatial information--more information is always better 
than less. But we also need to get maximum use of information we 
already have at hand. That is the need this bill would address.
    State and local officials are becoming more familiar with the uses 
of geospatial technology for various planning purposes. However, there 
is a need for federal agencies such as NASA--which has been pioneering 
the uses of satellite remote sensing technologies--to work with State 
and local organizations to demonstrate how remote sensing and other 
geospatial data can offer a cost-effective planning and assessment 
tool.
    I'm pleased there was broad bipartisan co-sponsorship of my bill in 
the last Congress and that it earned the endorsement of a number of 
important national organizations. These supporters of my bill 
understand the importance of targeting geospatial information at the 
places where it will have the greatest impact--the local and regional 
levels.
    Mr. Chairman, this bill will be welcomed by States and localities 
nationwide. I look forward to working with you and other Members of the 
Committee to move forward with this important initiative.

    Mr. Udall. Thank you, Mr. Chairman.
    I will be brief. As you may remember last year, we paired 
up the Pete Conrad Astronomy Awards Act, and this legislation 
passed at--through the House, and of course the Senate didn't 
act. And we are hopeful that they will act this year.
    The bill had numerous co-sponsors in the last Congress, and 
I anticipate similar support for it when it reaches the Floor 
of the House. Basically, this bill was an outgrowth on my part 
of the growth that we saw developing in Colorado. We were 
trying to be smarter about how we manage our growth in 
Colorado. We realized that there was all of this information 
being generated through satellite technology that wasn't 
available. And the bill would facilitate a transfer of much of 
this information that we are generating. I think all of us 
agree that more information is always better than less, but we 
are trying to use this bill to get maximum use of the 
information that we already have at hand. And there are many 
State and local officials who are becoming more familiar with 
the uses of geospatial technology, but there is a need for 
federal agencies, such as NASA, to work with State and local 
organizations to demonstrate how remote sensing and other 
geospatial data can offer cost-effective planning and 
assessment tool.
    Again, I am really pleased there is bipartisan support 
across the country for the legislation, and I would urge the 
Committee--the Subcommittee to adopt it and--so that we can 
move it on to the Full House and then on to the Senate.
    Mr. Chairman, with that, I would yield back whatever time I 
have remaining.
    Chairman Rohrabacher. Thank you very much.
    The Chair appreciates the fact that we have a Member who is 
trying to make sure that the taxpayers get maximum use out of 
what we are paying for. You know, they are paying for our--all 
of this, and we have developed the rocketry. We have developed 
the mentioned spacecraft and much of the information itself is 
generated--well, there is some generated in the commercial 
sector, some generated in the public sector, but we want to 
make sure that that asset is being put to good use. And I 
appreciate this legislation and the intent, and I am a co-
sponsor of it, I believe.
    I ask for unanimous consent that the bill is considered as 
read and open to amendment at any point and that Members 
proceed with the amendments in order of the roster. Without 
objection, so ordered.
    [H.R. 1292 is listed in the Appendix.]
    Chairman Rohrabacher. Are there any amendments? Hearing 
none, the question is on the bill, H.R. 1292, the Remote 
Sensing Applications Act of 2003. All of those in favor of the 
bill, say aye. All of those opposed, say no. In the opinion of 
the Chair, the ayes have it.
    I will now recognize the Ranking Minority Member to offer 
any motion.
    Mr. Gordon. Mr. Chairman, I move that the Subcommittee 
favorably report the bill H.R. 1292 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. The question is on the motion to 
report the bill favorably. All of those in favor of the motion 
will signify by saying aye. All of those opposed, no. The ayes 
appear to have it, and the bill is favorably reported.
    Without objection, the motion to reconsider is laid upon 
the table. I move that Members now have two subsequent calendar 
days in which to submit supplemental Minority or 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. 1292, Section-By-Section Analysis, Summary of H.R. 1292






                Section-By-Section Analysis of H.R. 1292

Summary of 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 and other sources of geospatial information to address 
State, local, regional and tribal agency needs. The bill authorizes to 
be appropriated $15,000,000 for each of the fiscal years 2004 through 
2008 to carry out this bill.

Section 1. Title.

Section 2. Findings.

    This section lists several findings of the Congress regarding 
remote sensing applications, including the following: the full range of 
applications of remote sensing and other forms to meet public sector 
requirements has not been adequately explored or exploited; such 
information can be particularly useful to State, local, regional, and 
tribal agencies in the area of urban planning, especially in their 
efforts to plan for and manage the impacts of growth, development, and 
sprawl, as well as in environmental impact and disaster relief planning 
and management; and NASA, in conjunction with other agencies, can play 
a unique role in stimulating the development of the remote sensing and 
other geospatial information sectors through pilot projects to 
demonstrate the value of integrating government and commercial remote 
sensing data with geographic information systems and satellite-based 
positioning data to provide useful applications products.

Section 3. Definitions.

    This section defines several terms used throughout the bill. A key 
definition is the term `geospatial information,' which 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.

Section 4. Pilot Projects to Encourage Public Sector Applications.

    This section requires the NASA Administrator to 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. 
Certain preferences are specified in awarding such grants. This section 
directs NASA to seek opportunities to assist in the development of 
commercial applications and to assist State, local, regional, and 
tribal agencies in applying these technologies for growth management. 
Assistance for such pilot projects shall be provided for no more than 
three years. Each recipient of such a grant shall report to NASA on the 
results of the pilot project and conduct a workshop for potential users 
to disseminate lessons learned from the project.

Section 5. Program Evaluation.

    This section directs the NASA Administrator to establish an 
advisory committee to monitor the program established under Section 4. 
The Administrator is to transmit to the Congress an evaluation of the 
program established under Section 4 by an independent entity no later 
than December 31, 2007.

Section 6. Data Availability.

    This section directs the NASA Administrator to ensure that the 
results of each of the pilot projects completed under Section 4 shall 
be retrievable through an electronic, Internet-accessible database.

Section 7. Education.

    This section directs the Administrator to 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.

Section 8. Cost Sensitivity Study.

    This section directs the NASA Administrator to conduct a study on 
the effect of remote sensing imagery costs on potential State, local 
regional, and tribal agency applications. This study is to be 
transmitted to the Congress not later than two years after the date of 
enactment of this bill.

Section 9. Authorization of Appropriations.

    This section authorizes to be appropriated $15,000,000 for each of 
the fiscal years 2004 through 2008 to carry out this bill.
     Summary of H.R. 1292, Remote Sensing Applications Act of 2003

Sponsored by: Rep. Mark Udall (D-CO)

Co-Sponsor: Rep. Charles Pickering (R-MS)

    This bill establishes a NASA program of grants for competitively 
awarded pilot projects using government and commercial remote sensing 
capabilities and other sources of geospatial information to address 
State, local, regional and tribal agency needs. It authorizes to be 
appropriated $15,000,000 for each of the fiscal years 2004 through 2008 
to carry out this bill.

Pilot Projects: The NASA 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. 
Certain preferences are specified in awarding such grants. NASA is 
directed to seek opportunities to assist in the development of 
commercial applications and to assist State, local, regional, and 
tribal agencies in applying these technologies for growth management. 
Assistance for such pilot projects shall be provided for no more than 
three years. Each recipient of such a grant shall report to NASA on the 
results of the pilot project and conduct a workshop for potential users 
to disseminate lessons learned from the project.

Program Evaluation: The NASA Administrator shall establish an advisory 
committee to monitor these pilot programs. The Administrator shall 
transmit to the Congress an evaluation of the program by an independent 
entity no later from December 31, 2007.

Data Availability: NASA shall ensure that the results of each of the 
pilot projects completed shall be retrievable through an electronic, 
Internet-accessible database.

Education: NASA 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.

Cost Sensitivity Study: NASA shall conduct a study on the effect of 
remote sensing imagery costs on potential State, local regional, and 
tribal agency applications. This study is to be transmitted to the 
Congress not later than two years after the date of enactment of this 
bill.

Authorization of Appropriations: The bill authorizes to be appropriated 
$15,000,000 for each of the fiscal years 2004 through 2008.


  XXI. PROCEEDINGS OF THE FULL COMMITTEE MARKUP ON H.R. 1292, REMOTE 
                    SENSING APPLICATIONS ACT OF 2003

                              ----------                              


                      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 three 
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 Chairman 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. 1292, the Remote Sensing 
Applications Act of 2003. Let me recognize Mr. Gordon for five 
minutes. As I indicated in my opening statement, I tried to 
have that comprehensive touch on all of these bills, so I have 
spoken my peace on H.R. 1292, a good bill. Now I would like to 
give Mr. Gordon that same opportunity.
    Mr. Gordon. Thank you, Mr. Chairman.
    Just briefly, I will say that Mr. Udall has been, really, 
Congress's chief spokesman on the value of Earth remote sensing 
for several years. In fact, last year, this bill passed the 
Congress. We hope--or not last--or last Congress it passed. We 
hope that the Senate will have the foresight to take it up this 
time, and I compliment him on the tenaciousness to come back 
and do it again.
    Chairman Boehlert. Mr. Udall.
    Mr. Udall. Thank you, Mr. Chairman. If I might, I would ask 
unanimous consent to include my full statement in the record.
    Chairman Boehlert. Without objection.
    Mr. Udall. And if I could, I would make a couple of brief 
comments. As my good friend, Mr. Gordon, mentioned, the bill 
has passed this committee and then passed the House, and we are 
pleased that we brought the bill back. And we hope that the 
Senate will join us in this session of the Congress.
    Mr. Chairman, I want to thank you for your sponsorship of 
this legislation. And that, of course, adds a great luster to 
the bill and facilitates its opportunity, I think, to move 
through the House and the Senate.
    In short, the bill facilitates the transfer of the 
information, this broad range of information that we are 
generating through satellite technology, to States and local 
communities and various stakeholders and community groups who 
could apply this knowledge in a variety of ways. I first got 
interested in this whole area because of the issue of sprawl in 
Colorado. We are trying to protect our quality of life and yet 
include economic opportunity development in our state. And this 
information can be very valuable in agriculture, in planning, 
in road construction, transit systems, and so on. And it would 
create a pilot program whereby NASA works across the country to 
disseminate this information.
    So that is why this is so important. It is a great 
opportunity to use this data, and that is why I would urge the 
Committee's support of it.
    I do have an En Bloc amendment that would just adjust the 
dates. It is a technical adjustment. And I want to thank you, 
Mr. Chairman, as well, for your support of that En Bloc 
amendment, and with that, I would yield back whatever time I 
have remaining.
    [The prepared statement of Mr. Udall follows:]
            Prepared Statement of Representative Mark Udall
    Mr. Chairman, thank you for holding this markup today.
    I introduced this bill in the 107th Congress, and the House passed 
it last year. I'm eager to work with my colleagues on both sides of the 
aisle in this Congress to see my legislation through to passage in both 
chambers.
    I first introduced this bill mainly to address a real problem we 
have in Colorado--the problem of excess growth and sprawl. My goal was 
to point to a way to utilize the resources of the Federal Government to 
help foster wise community planning and management at the local level. 
As a Member of the Science Committee, it made sense to me to look for 
ways to help communities grow in a smarter way through the use of 
technology.
    I reintroduced the bill in this Congress because I believe we need 
to do more to promote geospatial technology. Geospatial data from 
satellites can produce very accurate maps that show information about 
vegetation, wildlife habitat, flood plains, transportation corridors, 
soil types, and many other things.
    By giving State and local governments and communities greater 
access to geospatial data from commercial sources and federal agencies 
such as NASA, the Federal Government can help bring valuable--and 
powerful--informational planning resources to the table.
    My bill would facilitate this transfer of information. The bill 
would establish in NASA a program of grants for competitively awarded 
pilot projects. The purpose would be to explore the integrated use of 
sources of remote sensing and other geospatial information to address 
State, local, regional, and tribal agency needs.
    State and local governments and communities can use geospatial 
information in a variety of applications--in such areas as urban land-
use planning, coastal zone management and erosion control, 
transportation corridors, environmental planning, and agricultural and 
forest management.
    But another potential application is the use of geospatial 
technology to bolster our homeland security. Geospatial technology can 
help States and localities identify the location, nature, and scope of 
potential vulnerabilities and the impact of potential hazards, as well 
as how to respond to events and recover from them.
    Of course, it is important that we continue to add to our database 
of available geospatial information--more information is always better 
than less. But we also need to get maximum use of information we 
already have at hand. That is the need this bill would address.
    State and local officials are becoming more familiar with the uses 
of geospatial technology for various planning purposes. However, there 
is a need for federal agencies such as NASA--which has been pioneering 
the uses of satellite remote sensing technologies--to work with State 
and local organizations to demonstrate how remote sensing and other 
geospatial data can offer a cost-effective planning and assessment 
tool.
    I'm pleased there was broad bipartisan co-sponsorship of my bill in 
the last Congress and that it earned the endorsement of a number of 
important national organizations. These supporters of my bill 
understand the importance of targeting geospatial information at the 
places where it will have the greatest impact--the local and regional 
levels.
    Mr. Chairman, this bill will be welcomed by States and localities 
nationwide. I look forward to working with you and other Members of the 
Committee to move forward with this important initiative.

    Chairman Boehlert. Thank you very much. And without 
objection, all Members may place opening statements in the 
record at this point.
    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.
    Chairman Boehlert. The bill is now open for amendment. The 
first amendment on the roster is an En Bloc amendment offered 
by Mr. Udall.
    Mr. Udall. Mr. Chairman, I have an amendment at the desk.
    Chairman Boehlert. The Clerk shall report the amendment.
    Ms. Tessieri. Amendments to H.R. 1292 offered by Mr. Udall 
of Colorado.
    [En Bloc Amendment offered by Mr. Udall appears in Appendix 
1.]
    Chairman Boehlert. I ask unanimous consent to dispense with 
the reading. Without objection, so ordered.
    The gentleman from Colorado.
    Mr. Udall. Mr. Chairman, again, briefly, it is--this is a 
straight forward, technical amendment to adjust the dates in 
the bill, and I would urge its adoption.
    Chairman Boehlert. Thank you very much. And the Chair would 
urge the adoption, too.
    The question is on the adoption of the En Bloc amendment 
offered by Mr. Udall. All in favor, say aye. Opposed, no. The 
ayes appear to have it. The En Bloc amendment is approved.
    Are there any further amendments?
    The second amendment on the roster is an En Bloc amendment 
offered by Mr. Weldon.
    Mr. Weldon. Mr. Chairman, I have an amendment at the desk.
    Chairman Boehlert. The Clerk shall report the amendment.
    Ms. Tessieri. Amendments to H.R. 1292 offered by Mr. Weldon 
of Pennsylvania.
    [Amendment offered by Mr. Weldon appears in Appendix 1.]
    Chairman Boehlert. I ask unanimous consent to dispense with 
the reading. Without objection, so ordered.
    The gentleman from Pennsylvania is recognized.
    Mr. Weldon. Mr. Chairman, I thank you for allowing me to 
offer this amendment, and I thank and congratulate Mr. Udall 
for again bringing up this very important legislation.
    The use of geospatial technologies, to me, is one of the 
most important areas that we will be focusing on as a country 
and a society over the next several decades. And the rapid 
integration of geospatial assets to allow us to solve real 
problems on Earth is absolutely critical.
    My amendment deals with that issue and an area that is very 
close to my heart and that is fire suppression, specifically in 
the area of wildlands fires. As the Chairman knows, in past 
markups, I have been involved in a program called Fireside, 
which was developed with DOD money to help us detect the 
location of wildfires at their incipient stage. Unfortunately, 
that technology, paid for by the military, has sat in boxes in 
Reston, Virginia for the past several years while America has 
burned, causing billions of dollars of destruction.
    What my amendment does is it basically adds a finding 
section to the bill on the use of geospatial information in 
detecting, monitoring, and managing these wildland fires, 
places a priority on pilot projects that use this kind of 
capability, and requires a report back to Congress, including 
the implementation of the recommendations in a GAO report, 
which I will include for the record, Mr. Chairman, on this 
topic. My understanding is that the distinguished sponsor of 
the bill, Mr. Udall, has agreed to support this amendment. The 
International Association of Fire Chiefs are in support of this 
amendment. It is non-controversial, and it provides a more 
specific look at one area where geospatial technologies can be, 
I think, helpful in the short term, and I would ask my 
colleagues to support this amendment.
    [GAO report appears in Appendix 2.]
    Chairman Boehlert. I do support the amendment, and I would 
assume that it will have widespread support. If there is no 
further discussion--Mr. Udall?
    Mr. Udall. Mr. Chairman, if I might, I would just like to 
acknowledge the good work of my friend from Pennsylvania, Mr. 
Weldon. I do accept the amendment, and it strengthens the 
legislation. I want to thank him for his work.
    Chairman Boehlert. Good bipartisan support for a sound 
amendment. If there is no further discussion, the question is 
on the amendment. All in favor, say aye. Opposed, no. The ayes 
have it, and the amendment is agreed to.
    The third amendment on the roster is offered by Mr. Smith 
of Michigan.
    Mr. Smith of Michigan. Mr. Chairman, thank you very much. I 
have an amendment at the desk.
    Chairman Boehlert. The Clerk shall report the amendment.
    Ms. Tessieri. Amendment to H.R. 1292 offered by Mr. Smith 
of Michigan.
    [Amendment offered by Mr. Smith of Michigan appears in 
Appendix 1.]
    Mr. Smith of Michigan. And I would ask for unanimous 
consent that it be considered read.
    Chairman Boehlert. Without objection, so ordered.
    The gentleman from Michigan.
    Mr. Smith of Michigan. Mr. Chairman, I intend to withdraw 
this amendment, but let me say that this amendment directs--and 
I will introduce it on the Floor, but this amendment directs 
NASA and the Department of Agriculture to make better use of 
remote sensing data for American agriculture. I would 
compliment the sponsor of this bill. We under-utilize remote 
sensing tremendously in this country, because of its potential. 
More than that, I think we eventually need to follow up by 
having greater utilization in the private sector of a lot of 
the information that we have in the Department of Defense with 
remote sensing.
    Remote sensing satellites can provide accurate and 
important information to American agriculture. With this 
information, we have the potential to anticipate potential 
food, feed, and fiber. We have the potential of predicting 
impending famines and forest infestations in time to mitigate 
or prevent them and provide information on the condition of 
crops and cropland to assist farmers in the proper application 
of pesticides. So it is also a huge environmental factor in 
terms of utilizing this information. Let me say that we have 
the technical ability now to predict crop yields within a plus 
or minus seven percent 30 days after planting if we keep track 
of what is happening on--in particular, for example, we could 
predict what is happening in Brazil with soybean production and 
know whether the world market is going to be flooded or 
shortchanged in terms of production. Unfortunately, we are not 
using that technology.
    Let me just conclude by saying this bill, with this 
amendment, would go to the Agricultural Committee and because 
of that jurisdictional possibility, I will, with the support of 
the sponsor and the Chairman and the Ranking Member, we will 
work out the language that is acceptable and introduce this 
amendment on the Floor. And therefore, I would ask unanimous 
consent that the amendment be withdrawn.
    Chairman Boehlert. Thank you very much, Mr. Smith. And we 
will work with you on that.
    Is there----
    Mr. Udall. Mr. Chairman, if----
    Chairman Boehlert. Who seeks recognition?
    Mr. Udall. Mr. Chairman, if I might----
    Chairman Boehlert. Mr. Udall?
    Mr. Udall. If I might just make a couple of brief comments.
    I appreciate the gentleman from Michigan's interest in this 
area. He and I both serve on the Agricultural Committee, and we 
know how important our agricultural industries are to our 
health and our well being and our economic strength. I do look 
forward to working with the gentleman. I have just seen the 
amendment today, and don't--and I am not familiar with the 
particulars of it, but I did want to mention that the bill, as 
it is now constructed, does not preclude pilot programs in the 
area of agriculture and agricultural predictions and knowledge, 
but I do look forward to working with the gentleman to see if 
there are ways that we can further strengthen this.
    Chairman Boehlert. Well, I think we can work something out 
by the time we go to the Floor. Thank you very much.
    Mr. Gutknecht is recognized.
    Mr. Gutknecht. Mr. Chairman and Members, I want to thank 
Mr. Smith, also, for bringing this amendment forward. And I do 
hope that this amendment, or one similar, will be adopted. 
Sometimes I think people who don't come from rural areas don't 
really realize how important agriculture is to the American 
economy and to all of us. And as Mr. Smith, I think, said, it 
is not just about determining crop development here in the 
United States but around other parts of the world. So this is 
one area where I think the technology that we have today and 
that we have invested heavily in it as we go forward are going 
to invest even more of taxpayer dollars into can be used to 
really benefit not only those working in agriculture but all of 
us who expect to eat at least three times a day.
    So I hope that we can have an amendment on the Floor that 
will be acceptable to all concerned, because I think this is an 
important issue.
    Chairman Boehlert. Thank you very much, Mr. Gutknecht.
    If there are no further amendments, the question is now on 
the bill, as amended, H.R. 1292, the Remote Sensing 
Applications Act of 2003, as amended. All of those in favor, 
say aye. Opposed, no. In the opinion of the Chair, the ayes 
have it.
    I will now recognize Mr. Gordon to offer a motion.
    Mr. Gordon. Mr. Chairman, I move the Committee favorably 
report H.R. 1292, as amended, to the House with the 
recommendation that the bill, as amended, do pass. Furthermore, 
I move that staff be instructed to prepare the legislative 
report and make necessary technical and conforming changes and 
that 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 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. 1292, as amended, 
and to go to conference with the Senate on H.R. 1292 or a 
similar Senate bill. Without objection, so ordered.
    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 1:

                              ----------                              


  Amendment Roster, Amendments, H.R. 1292, Sectional Analysis of H.R. 
                                  1292






                    Sectional Analysis of H.R. 1292

Summary of 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 and other sources of geospatial information to address 
State, local, regional and tribal agency needs. The bill authorizes to 
be appropriated $15,000,000 for each of the fiscal years 2004 through 
2008 to carry out this bill.

Section 1. Title.

Section 2. Findings.

    This section lists several findings of the Congress regarding 
remote sensing applications, including the following: the full range of 
applications of remote sensing and other forms to meet public sector 
requirements has not been adequately explored or exploited; such 
information can be particularly useful to State, local, regional, and 
tribal agencies in the area of urban planning, especially in their 
efforts to plan for and manage the impacts of growth, development, and 
sprawl, as well as in environmental impact and disaster relief planning 
and management; and NASA, in conjunction with other agencies, can play 
a unique role in stimulating the development of the remote sensing and 
other geospatial information sectors through pilot projects to 
demonstrate the value of integrating government and commercial remote 
sensing data with geographic information systems and satellite-based 
positioning data to provide useful applications products.

Section 3. Definitions.

    This section defines several terms used throughout the bill. A key 
definition is the term `geospatial information,' which 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.

Section 4. Pilot Projects to Encourage Public Sector Applications.

    This section requires the NASA Administrator to 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. 
Certain preferences are specified in awarding such grants. This section 
directs NASA to seek opportunities to assist in the development of 
commercial applications and to assist State, local, regional, and 
tribal agencies in applying these technologies for growth management. 
Assistance for such pilot projects shall be provided for no more than 
three years. Each recipient of such a grant shall report to NASA on the 
results of the pilot project and conduct a workshop for potential users 
to disseminate lessons learned from the project.

Section 5. Program Evaluation.

    This section directs the NASA Administrator to establish an 
advisory committee to monitor the program established under Section 4. 
The Administrator is to transmit to the Congress an evaluation of the 
program established under Section 4 by an independent entity no later 
than December 31, 2007.

Section 6. Data Availability.

    This section directs the NASA Administrator to ensure that the 
results of each of the pilot projects completed under Section 4 shall 
be retrievable through an electronic, Internet-accessible database.

Section 7. Education.

    This section directs the Administrator to 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.

Section 8. Cost Sensitivity Study.

    This section directs the NASA Administrator to conduct a study on 
the effect of remote sensing imagery costs on potential State, local 
regional, and tribal agency applications. This study is to be 
transmitted to the Congress not later than two years after the date of 
enactment of this bill.

Section 9. Authorization of Appropriations.

    This section authorizes to be appropriated $15,000,000 for each of 
the fiscal years 2004 through 2008 to carry out this bill.

                              Appendix 2:

                              ----------                              


                   Additional Material for the Record




