[House Report 109-157]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    109-157

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



 
                REMOTE SENSING APPLICATIONS ACT OF 2005

                                _______
                                

 June 27, 2005.--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. 426]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Science, to whom was referred the bill (H.R. 
426) 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, as Amended.............6
 VII. Section-by-Section Analysis (By Title and Section)..............6
VIII. Committee Views.................................................8
  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 Full Committee Markup.......................11

                              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 
2005''.

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 
        Government 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, 
        commercial, 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 commercial and civil 
        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, the Commercial Space Act of 
        1998, and the United States Commercial Remote Sensing Policy, 
        issued by the President on April 25, 2003, 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) remote sensing and other geospatial 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;
          (10) the National Aeronautics and Space Administration, in 
        coordination with other agencies, can play 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
          (11) 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 sectors 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 products.

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;
          (3) the term ``high resolution'' means resolution better than 
        five meters; and
          (4) 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 commercial data sets, including high 
        resolution commercial satellite imagery and derived satellite 
        data products, existing public data sets where commercial data 
        sets are not available or applicable, or the fusion of such 
        data sets;
          (2) integrate multiple sources of geospatial information, 
        such as geographic information system data, satellite-provided 
        positioning data, and remotely sensed data, in innovative ways;
          (3) include funds or in-kind contributions from non-Federal 
        sources;
          (4) involve the participation of commercial entities that 
        process raw or lightly processed data, often merging that data 
        with other geospatial information, to create data products that 
        have significant value added to the original data; and
          (5) taken together demonstrate as diverse a set of public 
        sector applications as possible.
  (c) Opportunities.--In carrying out this section, the Administrator 
shall seek opportunities to assist--
          (1) in the development of commercial applications potentially 
        available from the remote sensing industry; and
          (2) State, local, regional, and tribal agencies in applying 
        remote sensing and other geospatial information technologies 
        for growth management.
  (d) Duration.--Assistance for a pilot project under subsection (a) 
shall be provided for a period not to exceed 3 years.
  (e) Report.--Each recipient of a grant under subsection (a) shall 
transmit a report to the Administrator on the results of the pilot 
project within 180 days of the completion of that project.
  (f) Workshop.--Each recipient of a grant under subsection (a) shall, 
not later than 180 days after the completion of the pilot project, 
conduct at least one workshop for potential users to disseminate the 
lessons learned from the pilot project as widely as feasible.
  (g) Regulations.--The Administrator shall issue regulations 
establishing application, selection, and implementation procedures for 
pilot projects, and guidelines for reports and workshops required by 
this section.

SEC. 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, 2009, 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 evaluation 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. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated to the Administrator 
$15,000,000 for each of the fiscal years 2006 through 2010 to carry out 
this Act.

                        II. PURPOSE OF THE BILL

    The purpose of H.R. 426 is to encourage the development and 
integrated use by the public and private sectors of remote 
sensing and other geospatial information, and for other 
purposes.

              III. BACKGROUND AND NEED FOR THE LEGISLATION

    Remote sensing and other geospatial information can be 
particularly useful to State, local, regional and tribal 
agencies, as well as the private sector, with respect to 
decision-making in areas such as land-use planning, 
agriculture, weather forecasting, and forest management. To 
date, the full range of applications for commercial and civil 
remote sensing and other forms of geospatial information has 
not been adequately explored by the public and private sectors.

                        IV. SUMMARY OF HEARINGS

    On May 20, 2002, the Subcommittee on Space and Aeronautics 
held a field hearing in Kansas City, Kansas to explore ways in 
which data from space-based and aircraft remote sensing systems 
can help with land use planning, agriculture, severe weather 
and natural disaster management, and transportation planning. 
Witnesses included: Mr. Ronald Birk, Director of the 
Applications Division, Office of Earth Science, National 
Aeronautics and Space Administration (NASA); Dr. Edward 
Martinko, Director of Kansas Biological Survey and Director of 
Kansas Applied Remote Sensing (KARS) Program, University of 
Kansas; Dr. Kevin Price, Associate Director of Kansas Applied 
Remote Sensing Program, University of Kansas; and Dr. Ray 
Williamson, Research Professor, Space Policy Institute, George 
Washington University.
    Mr. Birk discussed the nature and scope of NASA's Earth 
science applications program. Noting that 14 NASA Earth science 
spacecraft are already in orbit out of a planned 26 missions, 
he discussed the challenges associated with trying 
systematically to get the data from those missions into the 
hands of those who can best use it for the public good. As 
examples of the ways in which the data has been and is being 
used, Mr. Birk discussed applications to wildfire monitoring, 
aviation weather prediction and cockpit visualization, 
precision farming, and flood plain mapping. He also entered 
into the record NASA's 10-year Applications Strategy.
    In his testimony, Dr. Martinko outlined some of the major 
activities and accomplishments of the KARS Program, which has 
been in existence for almost 30 years. He noted that the KARS 
Program has worked extensively with state and local government 
agencies throughout its history and has worked with private 
enterprise over the last 6 years. Development of decision 
support tools for emergency response, as well as remote sensing 
applications for urban planning, flood and crop damage mapping, 
invasive plant monitoring, and water resources management are 
among the activities pursued by the KARS program.
    Dr. Price stated that satellite imagery available over the 
last 20 years has enabled him to observe changes in vegetation 
and land use that would be difficult, if not impossible, to 
observe at ground level. In his testimony, he focused on the 
ways in which satellite imagery is being used to monitor 
agricultural yield and production. He discussed the use of 
satellite data to monitor the progress of all the vegetation in 
the U.S. at a resolution of every 250 acres. He also noted that 
applied remote sensing research is an important link in the 
technology transfer cycle between satellite remote sensing 
systems and public and private sector applications of that 
data.
    Dr. Williamson testified about the benefits for state and 
local governments of Federal investments in Earth observations 
from space. Among the benefits cited and discussed were 
improvements in weather and climate forecasting, severe weather 
warnings, transportation planning and monitoring, agricultural 
planning, and the security of the Nation's critical 
infrastructure. Dr. Williamson also discussed the complex 
process by which research leads to applications beneficial to 
end-users, and argued that it is not a simple linear process.

                          V. COMMITTEE ACTIONS

    On June 28, 2001, Rep. Mark Udall and Rep. James Greenwood 
introduced H.R. 2426, the Remote Sensing Applications Act of 
2001, a bill to encourage the development and integrated use by 
the public and private sectors of remote sensing and other 
geospatial information. Following a decision by the leadership 
of the Committee on Science to favorably report the bill, the 
House agreed to suspend the rules and pass H.R. 2426 as amended 
on October 1, 2002.
    On March 13, 2003, Rep. 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. The bill was agreed to by voice 
vote. 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 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; (3) direct NASA to 
submit to Congress a report on how agencies are implementing 
recommendations contained in a Government Accountability 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 vote 
present, the motion was agreed to by a voice vote. The 
Committee on Science filed a Committee Report on February 18, 
2004. No further action occurred on H.R. 1292 in the 108th 
Congress.
    On January 26, 2005, Rep. Udall introduced H.R. 426, the 
Remote Sensing Applications Act of 2005, 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 discharged the bill 
on May 16, 2005. On May 17, 2005, the Committee on Science 
considered H.R. 426. An en bloc amendment was offered by Mr. 
Udall to change the findings of the bill to include references 
to the benefits of commercial remote sensing data. The 
amendment also altered the grant program to ensure that grants 
are awarded preferentially to those potential recipients that, 
among other things, make use of (1) commercial data sets, 
including high resolution commercial satellite imagery, (2) 
existing public data sets where commercial data sets are not 
available or applicable, or (3) the fusion of such data sets. 
The amendment also defined ``high resolution'' to mean 
resolution better than five meters. Finally, the amendment 
struck Section 8 of the bill, which required a study of the 
effect of remote sensing imagery costs on potential State, 
local, regional, and tribal agency applications of remote 
sensing data. 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. 426, 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 vote 
present, the motion was agreed to by a voice vote.

        VI. SUMMARY OF MAJOR PROVISIONS OF THE BILL, AS AMENDED

    The bill establishes a grant program within NASA for 
competitively awarded pilot projects to explore the integrated 
use of sources of remote sensing 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 2006 through 2010.

                    VII. SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    Remote Sensing Applications Act of 2005.

Section 2. Findings

    Specifies several Congressional findings regarding remote 
sensing applications, including the following: the full range 
of applications of commercial and civil remote sensing and 
other forms of geospatial information to meet public sector 
requirements has not been adequately explored or exploited; 
remote sensing and other geospatial 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, to include making use of commercial data sets, 
including high resolution commercial satellite imagery and 
derived satellite data products, existing public data sets 
where commercial data sets are not available or applicable, or 
the fusion of such data sets. 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, 2009.

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. Authorization of appropriations

    Authorizes to be appropriated to the Administrator 
$15,000,000 for each of the fiscal years 2006 through 2010.

                         VIII. COMMITTEE VIEWS

    Commercial satellite imagery and other types of remote 
sensing and geospatial information play a key role in advancing 
U.S. national, economic, and homeland security interests. 
However, the full range of remote sensing and geospatial 
applications has not yet been explored at the national level 
and especially at the State, local, and regional levels. The 
Committee stresses the importance of using of commercial data 
sets, including high resolution commercial satellite imagery, 
when available and applicable.
    The Committee expects the Advisory Committee established in 
Section 5(a) to establish specific and quantifiable goals for 
the program so that the effectiveness of the program may later 
be evaluated by the independent entity referred to in Section 
5(b).
    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.

                           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. 426 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. 
426 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

H.R. 426--Remote-Sensing Applications Act of 2005

    Summary: H.R. 426 would authorize the appropriation of $15 
million a year over the 2006-2010 period for a new program of 
the National Aeronautics and Space Administration (NASA) to 
encourage the use of geospatial 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, environmental impact evaluation, and other policy 
analysis. In addition, the bill would require NASA to establish 
an advisory committee to monitor the program and an educational 
outreach program to promote remote-sensing applications.
    Assuming appropriation of the authorized amounts, CBO 
estimates that implementing this bill would cost about $60 
million over the 2006-2010 period. Enacting H.R. 426 would not 
affect direct spending or revenues.
    H.R. 426 contains no intergovernmental or private-sector 
mandates as defined by the Unfunded Mandates Reform Act (UMRA); 
any costs to state, local, or tribal governments would result 
from complying with conditions of federal assistance.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 426 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 or such activities. The 
cost of this legislation fall within budget function 250 
(general science, space, and technology.

----------------------------------------------------------------------------------------------------------------
                                                                        By fiscal year, millions of dollars--
                                                                    --------------------------------------------
                                                                       2006     2007     2008     2009     2010
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Authorized Level...................................................       15       15       15       15       15
Estimated Outlays..................................................        4       11       14       15       15
----------------------------------------------------------------------------------------------------------------

    Intergovernmental and private-sector impact: H.R. 426 
contains no intergovernmental or private-sector mandates as 
defined by UMRA. The bill would benefit eligible state, local, 
and tribal governments by authorizing $15 million per year, for 
fiscal years 2006 through 2010, for them to apply remote-
sensing and other geospatial information technologies for 
growth management. Any costs they incur would result from 
complying with conditions of federal assistance.
    Estimate prepared by: Federal Costs: Mike Waters. Impact on 
State, Local, and Tribal Governments: Lisa Ramirez-Branum. 
Impact on the Private Sector: Jean Talarico.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                  XI. COMPLIANCE WITH PUBLIC LAW 104-4

    H.R. 426 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. 426 is to increase the use of government and commercial 
remote sensing capabilities and other sources of geospatial 
information to address State, local, regional, and tribal 
needs.

                XIV. CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact H.R. 426.

                XV. FEDERAL ADVISORY COMMITTEE STATEMENT

    The functions of the advisory committee established by H.R. 
426 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. 426 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 legislation 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 May 17, 2005, a quorum being present, the Committee on 
Science favorably reported H.R. 426, the Commercial Remote 
Sensing Applications Act of 2005, by a voice vote, and 
recommended its enactment.


   XX. PROCEEDINGS OF THE FULL COMMITTEE MARKUP ON H.R. 426, REMOTE 
                    SENSING APPLICATIONS ACT OF 2005

                              ----------                              


                         TUESDAY, MAY 17, 2005

                  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. I want to welcome everyone here today 
for this markup of bills concerning the heavens and the Earth 
and to the agencies that explore them, NOAA and NASA.
    Now let me just say this before I give you the rest of this 
wonderful statement.
    The Committee on Science will come to order. Pursuant to 
notice, the Committee on Science meets to consider the 
following measures: H.R. 50, National Oceanic and Atmospheric 
Administration Act; H.R. 2363, To establish a Science and 
Technology Scholarship Program to award scholarships to recruit 
and prepare students for careers in the National Weather 
Service and in the National Oceanic and Atmospheric 
Administration marine research, atmospheric research, and 
satellite programs; H.R. 426, Remote Sensing Applications Act 
of 2005, and H.R. 1022, the George E. Brown, Jr. Near-Earth 
Object Survey Act.
    I ask unanimous consent for the authority to recess the 
Committee at any point during consideration of these matters, 
and without objection, it is so ordered.
    We will now proceed with the markup beginning with the 
opening statements, and I will continue mine.
    The main bill before us today is the NOAA Organic Act 
introduced by Dr. Ehlers, which we had initially planned to 
markup last week. This bill will give NOAA a firm legislative 
grounding, something that was called for by the Ocean 
Commission, among others. The Administration has also called 
for an Organic Act for NOAA.
    But our bill will do more than merely found NOAA into law. 
It will raise the profile of science at NOAA and improve its 
management. The bill also will greatly improve oversight of the 
agency by ensuring that Congress and the public get the 
information needed to evaluate NOAA's organizational structure, 
facilities plans, budgeting, and satellite programs. This is a 
solid bill that will strengthen the agency.
    And now we look forward to working with the Resources 
Committee, which shares jurisdiction over portions of NOAA, to 
get this bill to the Floor. Also related to NOAA, we will take 
up Congressman Rohrabacher's bill to create a Scholarship for 
Service Program at NOAA. And he is a real leader on that 
effort, and we applaud that. We have done the same thing with 
NASA and the Department of Energy. Service scholarships are a 
great way to entice students into science, math, and 
engineering while also helping the Federal Government develop 
the workforce it will need. These scholarships have been 
championed tirelessly by Congressman Rohrabacher, and I 
congratulate him for that.
    We are running the scholarship program through as a 
separate bill, because specific program authorizations 
generally are not part of agency Organic Acts. We will also 
take up two bills related to space today. These were last-
minute additions to today's roster, which is something we have 
generally avoided on this committee. But this seemed like an 
opportune time to move these bills, and we continue to work on 
them through manager's amendments on the Floor.
    Mr. Udall's bill, which the Committee also passed last 
Congress, concerns remote sensing. Mr. Udall will offer an 
amendment that will take care of concerns raised by companies 
in the remote sensing data business, concerns that have stymied 
progress on this bill in the past. I know that Mr. Bonner and 
I, perhaps some others, have some further ideas for perfecting 
the bill, and we will work on those as the bill moves forward.
    Mr. Rohrabacher's bill focuses on near-Earth objects, a 
subject that has long concerned him and has gotten quite a bit 
of publicity lately. Congressman Rohrabacher has helped us all 
understand that asteroids may present a real threat to Earth 
and that we need to pay greater attention to them. All of these 
bills will improve our lives through increasing our 
understanding of the Earth, how it works, and what may threaten 
it.
    As usual, these bills represent a bipartisan effort, and I 
take pride in that. I look forward to their passage.
    The Chair recognizes Mr. Gordon.
    Mr. Gordon.
    [The prepared statement of Chairman Boehlert follows:]

          Prepared Statement of Chairman Sherwood L. Boehlert

    I want to welcome everyone here today for this markup of bills 
concerning the heavens and the Earth--and to the agencies that explore 
them, NOAA and NASA.
    The main bill before us today is the NOAA Organic Act, introduced 
by Dr. Ehlers, which we had initially planned to mark up last week. 
This bill will give NOAA a firm legislative grounding, something that 
was called for by the Ocean Commission among others. The Administration 
has also called for an Organic Act for NOAA.
    But our bill will do more than merely found NOAA in law. It will 
raise the profile of science at NOAA and improve its management. The 
bill also will greatly improve oversight of the agency by ensuring that 
Congress--and the public--get the information needed to evaluate NOAA's 
organizational structure, facilities plans, budgeting and satellite 
programs. This is a solid bill that will strengthen the agency.
    And now we look forward to working with the Resources Committee, 
which shares jurisdiction over portions of NOAA, to get this bill to 
the Floor.
    Also related to NOAA, we will take up Congressman Rohrabacher's 
bill to create a scholarship for service program at NOAA, as we have at 
NASA and the Department of Energy. Service scholarships are a great way 
to entice students into science, math and engineering while also 
helping the Federal Government develop the workforce it will need. 
These scholarships have been championed tirelessly by Congressman 
Rohrabacher, and I congratulate him for that.
    We are running the scholarship program through as a separate bill 
because specific program authorizations generally are not part of 
agency organic acts.
    We will also take up two bills related to space today. These were 
last minute additions to today's roster, which is something we have 
generally avoided on this committee. But this seemed like an opportune 
time to move these bills, and we can continue to work on them through 
manager's amendments on the Floor.
    Mr. Udall's bill, which the Committee also passed last Congress, 
concerns remote sensing. Mr. Udall will offer an amendment that will 
take care of concerns raised by companies in the remote sensing data 
business--concerns that have stymied progress on this bill in the past. 
I know that Mr. Bonner and I and perhaps some others have some further 
ideas for ``perfecting'' the bill, and we will work on those as the 
bill moves forward.
    Mr. Rohrabacher's bill focuses on Near-Earth Objects, a subject 
that has long concerned him and that has gotten quite a bit of press 
lately. Congressman Rohrabacher has helped us all understand that 
asteroids may present a real threat to Earth and that we need to pay 
greater attention to them.
    All of these bills will improve our lives through increasing our 
understanding of the Earth, how it works and what may threaten it. As 
usual, these bills represent a bipartisan effort. I look forward to 
their passage.
    Mr. Gordon.

    Mr. Gordon. Thank you, Mr. Chairman. You have summed up 
what we are going to do this morning very well. I just want to 
concur that it is a good idea, I think, to take up these 
additional three bills today, and I want to give my thanks to 
the staff on both sides for the good cooperative work that they 
have done over the last week in trying to bring NOAA together 
as well as these three bills, and I look forward to the markup.
    And I yield my time back.
    [The prepared statement of Mr. Gordon follows:]

            Prepared Statement of Representative Bart Gordon

    I want to thank the Chairman for scheduling this markup.
    Originally we were to just take up H.R. 50 today, but I think it is 
to the advantage of our Members that we will expeditiously take up 
three other bills, all of which can probably move on suspension on the 
Floor.
    In addition to the NOAA organic act, I am especially pleased to see 
the Remote Sensing Act move through Committee. We have dealt with this 
in past Congresses and I am happy the Chairman agrees that we can move 
that bill forward today.
    I don't want to delay the process here this morning with an 
extensive preliminary statement, but let me take a moment to thank 
staff on both sides of the aisle for their work to handle these bills. 
I think the Members have been well served through their efforts.
    With that, I yield back, Mr. Chairman.

    Chairman Boehlert. Thank you very much.
    Without objection, Members may place statements in the 
record at this point.
    We will now consider H.R. 426, Remote Sensing Applications 
Act of 2005.
    I recognize Mr. Gordon to present any remarks he might 
have.
    Mr. Gordon. I yield to my friend from Colorado.
    Mr. Udall. I want to thank the Ranking Member for yielding.
    Mr. Chairman, in the spirit of moving the legislation 
along, I would ask unanimous consent that my entire statement 
be included in the record.
    Chairman Boehlert. Without objection, because we are 
looking forward to reading it.
    Mr. Udall. And I know it is at the top of your list, and I 
appreciate your interest.
    This bill passed the Committee in the 107th Congress. It 
passed the Committee in the 108th Congress. It provides for all 
of the geospatial information that we are generating to be more 
widely disseminated. It has applications for land use planning, 
for agricultural interests, and for homeland security. I 
commend the bill to the Committee.
    I have an en bloc amendment that perfects some of the 
legislation, and you are looking for even greater perfection 
downstream.
    But with that, I would yield back my time.
    [The prepared statement of Mr. Udall follows:]

            Prepared Statement of Representative Mark Udall

    First, I would like to thank the Chairman for making it possible to 
mark up this bill today, and I look forward to working with him and my 
colleagues from both sides of the aisle to see my legislation through 
to passage in both chambers.
    I introduced this bill as H.R. 1292 in the 107th Congress, and the 
House passed it in 2002. In the 108th Congress, the Science Committee 
marked up this bill, but it did not see Floor action last year. I am 
hopeful that the third time is the charm.
    I first introduced this bill 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. 
However, I believe that this legislation addresses important needs in 
all fifty states--not just Colorado.
    As a Member of the House Science Committee and the Space and 
Aeronautics Subcommittee, it made sense to me to look for ways to help 
communities grow in a smarter way through the use of technology.
    One new space-age tool is the use of satellites to provide images 
of the Earth's surface. We now have technology--using geospatial data 
from satellites--that 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, I believe that the Federal Government can help bring 
valuable--and powerful--informational planning resources to the table.
    H.R. 426 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.
    Another potential application that has garnered much attention 
since 9-11 is the use of geospatial technology to bolster our homeland 
security.
    Emergency management has always been an important responsibility of 
State and local governments. But in the aftermath of the terrorist 
attacks, the scope of this responsibility has broadened. 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.
    Certainly 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 is bipartisan co-sponsorship of the bill and that 
it has earned the endorsement of a number of important national 
organizations. These supporters of H.R. 426 understand the importance 
of targeting geospatial information at the places where it will have 
the greatest impact--the local and regional levels.
    The Remote Sensing Applications Act can help begin to bridge the 
gap between established and emerging technology solutions and the 
problems and challenges that State and local communities face regarding 
growth management, homeland security, forest fire management, and other 
issues.
    This bill will be welcomed by states and localities nationwide. I 
urge its adoption.

    Chairman Boehlert. I thank the gentleman.
    I ask unanimous consent that the bill is considered as read 
and open to amendment at any point and that Members proceed 
with the amendments in the order of the roster. Without 
objection, so ordered.
    The first amendment on the roster is offered by the 
gentleman from Colorado.
    Are you ready to proceed?
    Mr. Udall. I am. I have an amendment at the desk, Mr. 
Chairman.
    Chairman Boehlert. The Clerk will report.
    Ms. Tessieri. Amendment to H.R. 426----
    Mr. Udall. I would ask that the reading be dispensed with, 
Mr. Chairman.
    Chairman Boehlert. The gentleman is recognized.
    Mr. Udall. Mr. Chairman, this amendment makes minor 
adjustments to ensure that the State and local governments have 
access to this data from commercial sources in addition to 
federal agencies. The President issued a policy in 2003 
directing government agencies to rely, to the maximum practical 
extent, on U.S. commercial remote sensing space capabilities. 
The amendment highlights this policy in the Commercial Space 
Act and encourages the development of the commercial space 
industry.
    I would urge adoption of the amendment, and I would also 
ask to put the entire statement about the amendment in the 
record.
    Chairman Boehlert. Without objection, so ordered.
    [The prepared statement of Mr. Udall follows:]

            Prepared Statement of Representative Mark Udall

    Mr. Chairman, I have an amendment at the desk.
    The commercial geospatial imaging industry has grown into a 
reliable and important provider of remote sensing data useful for 
defense, agriculture, forestry, growth planning, and much more.
    This industry plays an important role in the dissemination of this 
data and the advancement of corresponding technologies.
    My amendment makes minor adjustments to ensure that State and local 
government have access to this data from commercial sources in addition 
to federal agencies.
    In 2003 the President issued a policy directing government agencies 
to ``rely to the maximum practical extent on U.S. commercial remote 
sensing space capabilities.''
    My amendment highlights this policy and the Commercial Space Act 
that encourages the development of the commercial space industry in the 
United States.
    With this amendment, my bill supports the President's policy, the 
commercial imaging industry, and encourages greater access to the data 
it provides to local and State governments.
    With that, Mr. Chairman, I urge the adoption of this amendment.

    Chairman Boehlert. And just let the Chair say that it is a 
wonderful amendment, and I am pleased to enthusiastically 
support it.
    Is there any further discussion on the amendment? If no, 
the vote occurs on the amendment. All in favor, say aye. 
Opposed, no. The ayes have it, and the amendment is agreed to.
    Are there any other amendments? Hearing none, the vote is 
on the bill H.R. 426, Remote Sensing Applications Act of 2005, 
as amended. All of those in favor, say aye. Opposed, no. In the 
opinion of the Chair, the ayes have it.
    I recognize Mr. Gordon to offer a motion.
    Mr. Gordon. Mr. Chairman, I move that the Committee 
favorably report H.R. 426, 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 
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 bill 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 
authorizes the Chairman to offer such motions as may be 
necessary in the House to adopt and pass H.R. 426, the Remote 
Sensing Applications Act of 2005, as amended. Without 
objection, so ordered.
    I want to thank everybody for participating and for your 
attendance and indulgence.
    This concludes our Committee markup.
    [Whereupon, at 11:15 a.m., the Committee was adjourned.]


                               Appendix:

                              ----------                              


 H.R. 426, Section-By-Section Analysis, Summary of H.R. 426, Amendment 
           Roster, Summary of Amendment Offered by Mr. Udall




                    Section-by-Section of H.R. 426,
                    Remote Sensing Applications Act

Section 1. Short title

    ``Remote Sensing Applications Act of 2005.''

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 three 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, 2009.

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 two years after the date of enactment.

Section 9. Report

    Directs NASA to report to Congress not later than six 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 2006 through 
2010.
                          Summary of H.R. 426,
                    Remote Sensing Applications Act
    The bill establishes a program within the National Aeronautics and 
Space Administration (NASA) 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 2006 through 2010 for the program.



              Summary of an Amendment Offered by Mr. Udall
              to H.R. 462, Remote Sensing Applications Act
    The amendment makes a number of changes to the findings of the bill 
to include references to the benefits of commercially remote sensing 
data.
    It amends the grant program the bill creates in Section 4 to ensure 
that the Administrator gives preferential treatment in awarding grants 
to those potential recipients that, among other things, make use of (1) 
commercial data sets, including high resolution commercial satellite 
imagery, (2) existing public data sets where commercial data sets are 
not available or applicable, or (3) the fusion of such data sets.
    The amendment defines ``high resolution'' to mean resolution better 
than five meters.
    The amendment strikes Section 8 of the bill, which requires a study 
of the effect of remote sensing imagery costs on potential State, 
local, regional, and tribal agency applications of remote sensing data.

                                  
