[House Report 109-179]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    109-179

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



 
  PROVIDING FOR CONSIDERATION OF H.R. 3070, NATIONAL AERONAUTICS AND 
             SPACE ADMINISTRATION AUTHORIZATION ACT OF 2005

                                _______
                                

   July 20, 2005.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

   Mr. Gingrey, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 370]

    The Committee on Rules, having had under consideration 
House Resolution 370, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 3070, the 
National Aeronautics and Space Administration Act of 2005, 
under a structured rule. The rule provides one hour of general 
debate equally divided and controlled by the chairman and 
ranking minority member of the Committee on Science.
    The rule waives all points of order against consideration 
of the bill. The rule provides that the amendment in the nature 
of a substitute recommended by the Committee on Science now 
printed in the bill shall be considered as an original bill for 
the purpose of amendment. The rule waives all points of order 
against the committee amendment in the nature of a substitute.
    The rule makes in order only those amendments printed in 
this report. The rule provides that the amendments printed in 
this report may be considered only in the order printed in this 
report, may be offered only by a Member designated in this 
report, shall be considered as read, shall be debatable for the 
time specified in this report equally divided and controlled by 
the proponent and an opponent, shall not be subject to 
amendment, and shall not be subject to a demand for a division 
of the question in the House or in the Committee of the Whole. 
The rule waives all points of order against the amendments 
printed in this report.
    Finally, the rule provides one motion to recommit with or 
without instructions.

                         EXPLANATION OF WAIVERS

    The waivers of all points of order against consideration of 
the bill and Committee amendment in the nature of a substitute 
include a waiver of clause 3(c)(2) of Rule XIII (requiring a 
Congressional Budget Office cost estimate in the committee 
report on any legislation containing new budget authority, new 
spending authority, new credit authority or a change in 
revenues) which is necessary because H. Rept. 109-173 does not 
include a cost estimate. At the time the Rules Committee 
ordered reported the resolution, the Congressional Budget 
Office had not yet produced a cost estimate for H.R. 3070.

                  SUMMARY OF AMENDMENTS MADE IN ORDER

    (Summaries derived from information provided by sponsors.)
    1. Boehlert: Manager's Amendment. The amendment makes a 
number of technical and clarifying changes to the bill H.R. 
3070. The amendment also makes the following additional 
changes: increases the amount of funding authorized to be 
appropriated for NASA to support the President's budget request 
for exploration for fiscal years 2006 and 2007; expresses the 
Sense of Congress that NASA should return the Space Shuttle to 
flight as soon as the Administrator determines that it can be 
accomplished with an acceptable level of safety; allows the 
Administrator to complete the International Space Station in 
such a configuration as to support fewer than six persons, but 
only after transmitting a report to the Congress explaining why 
a six-person requirement should not be met; requires NASA to 
report information to Congress regarding minority participation 
in NASA's education programs; authorizes NASA to provide grants 
to, and enter into cooperative agreements with museums and 
planetariums to allow them to enhance their programs related to 
space and science; and raises the threshold for major programs 
that require additional reporting to Congress to $150 million 
from $100 million. (20 minutes)
    2. Velazquez: Requires the NASA Administrator to submit a 
quarterly report on the NASA Office of Small and Disadvantaged 
Business Utilization including a description of the outreach 
activities of the Office and the impact of such activities on 
the participation of small businesses, including small 
businesses owned by women and minorities in NASA contracts. (10 
minutes)
    3. Jackson-Lee: Restores funding for Historically Black 
Colleges and universities under NASA education programs to the 
FY04 funding level of $69.2 million for FY06 and $71.2 million 
for FY07. Also restores funding for Hispanic Serving 
Institutions under NASA education programs in the amount of 
$46.4 million for FY06 and $47.4 million for FY07. (10 minutes)
    4. Velazquez: Establishes a four-year pilot grant program 
allowing NASA to expand advanced research opportunities through 
minority-serving institutions. (10 minutes)
    5. Costello: Amends Section 705 of the bill exempting off-
shore performance of contracts for the procurement of goods and 
services that are inconsistent with obligations under 
international agreements on the International Space Station. 
(20 minutes)
    6. Jackson-Lee: Requires the NASA Administrator to transmit 
to the House Committee on Science and the Senate Committee on 
Commerce, a plan describing steps NASA will take to protect 
employees who do raise or have raised concerns about a 
potentially catastrophic risk to health or safety. (10 minutes)

                    TEXT OF AMENDMENTS MADE IN ORDER

 1. An Amendment To Be Offered by Representative Boehlert of New York, 
               or His Designee, Debatable for 20 Minutes

  Page 7, line 10, strike ``space science and earth science'' 
and insert ``space science, earth science and microgravity 
science''.
  Page 16, line 25, strike ``or Reduction in Force''.
  Page 17, line 4, insert ``(except for cause)'' after 
``separations''.
  Page 17, line 5, strike ``October 1, 2006'' and insert 
``February 16, 2007''.
  Page 21, line 5, insert ``non-aeronautical'' after ``other''.
  Page 26, line 21, strike ``90 days after the date of 
enactment of this Act'' and insert ``February 1, 2006''.
  Page 29, line 6, strike the period and insert, ``, except in 
cases in which the Administrator has a conflict of interest.''.
  Page 30, line 1, insert ``, program reserves,'' after 
``cost''.
  Page 30, line 4, strike ``and''.
  Page 30, after line 4, insert the following new subparagraph:
                  (D) the plan for mitigating technical, 
                schedule, and cost risks prepared in accordance 
                with subsection (a)(1)(A); and
  Page 30, line 5, strike ``(D)'' and insert ``(E)''.
  Page 33, line 15, strike ``1 year'' and insert ``18 months''.
  Page 33, line 20, insert ``An appropriation for the program 
enacted subsequent to a report being transmitted shall be 
considered an authorization for purposes of this subsection.'' 
after ``by law.''.
  Page 34, line 24, strike ``$100,000,000'' and insert 
``$150,000,000''.
  Page 36, line 24, strike ``subparagraph'' and insert 
``paragraph''.
  Page 37, line 4, strike ``to compensate for the maximum 
probable loss, as''.
  Page 37, line 21, strike ``from both within and outside the 
Administration''.
  Page 38, line 1, insert ``from outside the Administration, 
including'' after ``individuals''.
  Page 38, line 4, strike ``employees, officers, directors, or 
agents of,'' and insert ``an employee, officer, director, or 
agent of''.
  Page 38, line 14, strike ``Such funds shall not increase the 
amount of a prize after the amount has been announced pursuant 
to subsection (d).''.
  Page 38, line 19, strike ``Funds appropriated for the 
program'' and insert ``Notwithstanding any other provision of 
law, funds appropriated for prize awards''.
  Page 39, strike line 3 through line 5 and insert the 
following:
          (3) No prize may be announced under subsection (d) 
        until all the funds needed to pay out the announced 
        amount of the prize have been appropriated or committed 
        in writing by a private source. The Administrator may 
        increase the amount of a prize after an initial 
        announcement is made under subsection (d) if--
                  (A) notice of the increase is provided in the 
                same manner as the initial notice of the prize; 
                and
                  (B) the funds needed to pay out the announced 
                amount of the increase have been appropriated 
                or committed in writing by a private source.
  Page 41, line 20, strike ``provide'' and insert ``transmit to 
the Committee on Science of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the 
Senate''.
  Page 43, line 18, insert at the end ``Not later than one year 
after the date of enactment of this Act, the Administrator 
shall transmit the study to the Committee on Science of the 
House of Representatives and the Committee on Commerce, Science 
and Transportation of the Senate''.
  Page 44, after line 6, add the following new section:

SEC. 110. SPACE SHUTTLE RETURN TO FLIGHT.

  It is the sense of Congress that, in keeping with the 
President's Vision for Space Exploration, the Space Shuttle 
should return to flight as soon as the Administrator determines 
that a flight can be accomplished with an acceptable level of 
safety.
  In the table of contents in section 1(b), insert after the 
item relating to section 109 the following:

Sec. 110. Space shuttle return to flight.

  Page 44, line 24, strike ``$16,471,050,000'' and insert 
``$16,965,650,000''.
  Page 45, line 6, strike ``and''.
  Page 45, line 8, strike the period and insert ``; and''.
  Page 45, after line 8, insert the following new subparagraph:
                  (D) $8,900,000 for the Science and Technology 
                Scholarship Program.
  Page 45, line 10, strike ``$3,181,100,000'' and insert 
``$3,844,100,000''.
  Page 45, line 12, strike ``$6,387,300,000'' and insert 
``$6,218,900,000''.
  Page 45, line 17, strike ``$16,962,000,000'' and insert 
``$17,726,800,000''.
  Page 46, line 2, strike ``$3,589,200,000'' and insert 
``$4,514,000,000''.
   Page 46, line 4, strike ``$6,007,700,000'' and insert 
``$5,847,700,000''.
  Page 47, line 14, strike ``each such Committee'' and insert 
``the Committee on Science of the House of Representatives and 
the Committee on Commerce, Science and Transportation of the 
Senate''.
  Page 49, line 13, strike ``Each year'' and insert ``Not later 
than March 1 of each year''.
  Page 50, line 7, insert ``study titled `Assessment of Options 
for Extending the Life of the Hubble Space Telescope' '' after 
``after National Academy of Sciences''.
  Page 50, line 10, insert ``the Administrator shall 
determine'' after ``Space Shuttle,''.
  Page 50, line 12, strike ``shall be determined''.
  Page 54, lines 11 and 12, strike ``the Under Secretary of 
Commerce for Oceans and Atmosphere and''.
  Page 54, line 12, insert ``and the Administrator of the 
National Oceanic and Atmospheric Administration'' after 
``Administrator''.
  Page 71, line 11, strike ``shall'' and insert ``may''.
  Page 72, strike line 5 and all that follows through line 16, 
and insert the following:

SEC. 440. UNIVERSITY-BASED CENTERS.

  (a) In General.--The Administrator may award grants to 
institutions of higher education (or consortia thereof) to 
establish one or more centers for the purpose described in 
subsection (b).
  (b) Purpose.--The purpose of the centers is to conduct basic 
and applied research on the impact of new technologies and 
procedures, particularly those related to aeronautical 
navigation and control.
  In the table of contents in section 1(b) strike the item 
relating to section 440 and insert the following:

Sec. 440. University-based centers.

  Page 73, line 15, strike the semicolon and insert ``, unless 
the Administrator transmits a report to the Committee on 
Science of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate prior to 
awarding a development contract for the Crew Exploration 
Vehicle, explaining why such a requirement should not be met 
and the impact of not meeting the requirement on the ISS 
research agenda and operations;''.
  Page 73, line 25, strike ``provide sufficient'' and insert 
``require sufficient surge delivery capability or''.
  Page 74, after line 10, insert the following new subsection:
  (d) Centrifuge.--Nothing in this Act shall be construed to 
prohibit the installation of the centrifuge on the ISS.
  Page 81, line 15, insert at the end the following: ``As part 
of the report, the Administrator shall provide data on minority 
participation in NASA's education programs, at a minimum in the 
following categories: elementary and secondary education, 
undergraduate education, and graduate education.''
  Page 81, after line 15, insert the following new sections:

SEC. 616. MUSEUMS.

  The Administrator may provide grants to, and enter into 
cooperative agreements with museums and planetariums to enable 
them to enhance programs related to space exploration, 
aeronautics, space science, earth science, or microgravity.

SEC. 617. REVIEW OF MUST PROGRAM.

  Not later than 60 days after the date of enactment of this 
Act, the Administrator shall transmit a report to Congress on 
the legal status of the Motivating Undergraduates in Science 
and Technology program. If the report concludes that the 
program is in compliance with the laws of the United States, 
NASA shall implement the program, as planned in the July 5, 
2005 National Research Announcement.
  In the table of contents in section 1(b), insert after the 
item relating to section 615 the following:

Sec. 616. Museums.
Sec. 617. Review of MUST program.

  Page 82, line 11, strike ``(42 U.S.C. 458c)'' and insert 
``(42 U.S.C. 2458c)''.
  Page 83, line 17 strike ``(2) by striking'' and all that 
follows though line 18.
  Page 83, line 19, strike ``(3)'' and insert ``(2)''.
  Page 83, line 22, strike ``(4)'' and insert ``(3)''.
  Page 83, line 24, strike ``(5)'' and insert ``(4)''.
  Page 86, after line 3, add the following new section:

SEC. 706. LONG DURATION FLIGHT.

  No provision of this or any other Act shall be construed to 
prohibit NASA from accommodating the exercise of religion by 
astronauts engaged in long duration space flight missions.
  In the table of contents in section 1(b), insert after the 
item relating to section 705 the following:

Sec. 706. Long duration flight.

  Page 87, line 17, strike ``expire'' and insert ``shall 
transmit its final report''.
   Page 88, line 5, insert ``that is owned by the Federal 
government or'' after ``humans''.
  Page 90, line 3, strike ``member'' and insert ``number''.
                              ----------                              


2. An Amendment To Be Offered by Representative Velazquez of New York, 
               or Her Designee, Debatable for 10 Minutes

  Add at the end of section 102 (page 28, after line 10) the 
following new subsection:
  (h) Office of Small and Disadvantaged Business Utilization.--
The Administrator shall transmit to the Committee on Science 
and the Committee on Small Business of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation and the Committee on Small Business and 
Entrepreneurship of the Senate a quarterly report on the NASA 
Office of Small and Disadvantaged Business Utilization, which 
shall include a description of the outreach activities of the 
Office and the impact of such activities on the participation 
of small businesses, including small businesses owned by women 
and minorities, in NASA contracts.
                              ----------                              


 3. An Amendment To Be Offered by Representative Jackson-Lee of Texas, 
               or Her Designee, Debatable for 10 Minutes

  Page 45, line 6, strike ``and''.
  Page 45, line 8, strike the period and insert a semicolon.
  Page 45, after line 8, insert the following new 
subparagraphs:
                  (D) $69,200,000 shall be for Historically 
                Black Colleges and Universities education 
                programs; and
                  (E) $46,400,000 shall be for Hispanic Serving 
                Institutions education programs.
  Page 45, line 22, strike ``and''.
  Page 45, line 24, strike the period and insert a semicolon.
  Page 45, after line 24, insert the following new 
subparagraphs:
                  (D) $71,200,000 shall be for Historically 
                Black Colleges and Universities education 
                programs; and
                  (E) $47,400,000 shall be for Hispanic Serving 
                Institutions education programs.
                              ----------                              


4. An Amendment To Be Offered by Representative Velazquez of New York, 
               or Her Designee, Debatable for 10 Minutes

  Add at the end of title VII the following new section:

SEC. 706. MINORITY INSTITUTION PILOT PROGRAM.

  (a) Establishment.--The Administrator shall establish and 
carry out a pilot program to make grants to minority 
institutions for the development of physical facilities and 
infrastructure to be provided to NASA prime contractors for use 
in the performance of research, development, test, and 
evaluation projects pursuant to NASA prime contracts.
  (b) Application.--To be eligible to receive a grant under the 
pilot program established in subsection (a), a minority 
institution shall submit an application to the Administrator at 
such time, in such manner, and containing such information and 
assurances as the Administrator may require.
  (c) Matching Requirement.--As a condition of a grant under 
the pilot program, the Administrator shall require that a 
matching amount be provided from a source other than the 
Federal Government that is equal to the amount of the grant.
  (d) Cooperative Agreement.--As part of the pilot program 
under this section, the Administrator shall enter into a 
cooperative agreement with a non-profit organization that has 
experience developing relationships between industry, minority 
institutions, and other entities, under which the non-profit 
organization shall develop regional and national relationships 
between industry, minority institutions, and other entities to 
facilitate the development and provision of physical facilities 
and infrastructure of the minority institutions receiving 
grants under this section.
  (e) Minority Institution.--In this section, the term 
``minority institution'' has the meaning given that term in 
section 365(3) of the Higher Education Act of 1965 (20 U.S.C. 
1067k(3)).
  (f) Authorization of Appropriations.--There is authorized to 
carry out this section, $4,000,000 for each of fiscal years 
2006 through 2009.
                              ----------                              


 5. An Amendment To Be Offered by Representative Costello of Illinois, 
               or His Designee, Debatable for 20 Minutes

  Page 85, line 19, insert ``on the ISS'' after ``under 
international agreements''.
                              ----------                              


 6. An Amendment To Be Offered by Representative Jackson-Lee of Texas, 
               or Her Designee, Debatable for 10 Minutes

  Page 44, after line 6, insert the following:

SEC. 110. WHISTLEBLOWER PROTECTION.

  Not later than 1 year after the date of enactment of this 
Act, the Administrator shall transmit to the Committee on 
Science of the House of Representatives and the Committee on 
Commerce, Science and Transportation of the Senate a plan 
describing steps to be taken by NASA to protect the employment 
status of NASA employees who raise or have raised concerns 
about a potentially catastrophic risk to health or safety.
  In the table of contents in section 1(b), insert after the 
item relating to section 109 the following:

Sec. 110. Whistleblower protection.

                                  
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