[House Report 110-707]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-707

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

 
 PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 6063) TO AUTHORIZE THE 
PROGRAMS OF THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION, AND FOR 
                             OTHER PURPOSES

                                _______
                                

   June 10, 2008.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

  Mr. Hastings of Florida, from the Committee on Rules, submitted the 
                               following

                              R E P O R T

                      [To accompany H. Res. 1257]

    The Committee on Rules, having had under consideration 
House Resolution 1257, by a record vote of 9-4, 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. 6063, the 
National Aeronautics and Space Administration Authorization Act 
of 2008, 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 and 
Technology. The rule waives all points of order against 
consideration of the bill except clauses 9 and 10 of rule XXI. 
The rule provides that the amendment in the nature of a 
substitute recommended by the Committee on Science and 
Technology now printed in the bill shall be considered as an 
original bill for the purpose of amendment and shall be 
considered as read. The rule waives all points of order against 
the amendment in the nature of a substitute except for clause 
10 of rule XXI. This waiver does not affect the point of order 
available under clause 9 of rule XXI (regarding earmark 
disclosure).
    The rule makes in order only those amendments printed in 
this report. The amendments made in order may be offered 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. All points of order against 
the amendments except for clauses 9 and 10 of rule XXI are 
waived. The rule provides one motion to recommit with or 
without instructions. The rule provides that, notwithstanding 
the operation of the previous question, the Chair may postpone 
further consideration of the bill to a time designated by the 
Speaker.

                         EXPLANATION OF WAIVERS

    The waiver of all points of order against consideration of 
the bill (except for clauses 9 and 10 of rule XXI) includes a 
waiver of clause 4(a) of rule XIII, requiring a three-day 
layover of the committee report. Although the rule waives of 
all points of order against the committee amendment in the 
nature of a substitute (except for clause 10 of rule XXI), the 
committee is not aware of any points of order against the 
substitute. The waiver is prophylactic.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 529

    Date: June 10, 2008.
    Measure: H.R. 6063.
    Motion by: Mr. Dreier.
    Summary of motion: To grant an open rule.
    Results: Defeated 4-9.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--
Nay; Sutton--Nay; Dreier--Yea; Diaz-Balart--Yea; Hastings 
(WA)--Yea; Sessions--Yea; Slaughter--Nay.

Rules Committee record vote No. 530

    Date: June 10, 2008.
    Measure: H.R. 6063.
    Motion by: Mr. Diaz-Balart.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Gingrey (GA), Shadegg (AZ), 
Blackburn (TN), Hensarling (TX), Bishop (UT), and Conaway (TX), 
#5, which repeals section 526 of the Energy Independence and 
Income Security Act of 2007 (Public Law 110-140), which 
prohibits federal agencies from purchasing alternative or 
synthetic fuels unless the greenhouse gas emissions of such 
fuel are less than the emissions of conventional fuel produced 
from conventional petroleum sources, and an amendment by Rep. 
Gingrey (GA), Shadegg (AZ), and Bishop (UT), #6, which provides 
waiver authority to the NASA Administrator (or designee) to 
section 526 of the Energy Independence Act of 2007 (procurement 
and acquisition of alternative fuels) if such a waiver is 
deemed necessary by the Administrator, in his/her sole 
discretion, to further the mission of NASA.
    Results: Defeated 4-9.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--
Nay; Sutton--Nay; Dreier--Yea; Diaz-Balart--Yea; Hastings 
(WA)--Yea; Sessions--Yea; Slaughter--Nay.

Rules Committee record vote No. 531

    Date: June 10, 2008.
    Measure: H.R. 6063.
    Motion by: Mr. Hastings (WA).
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Shadegg (AZ), #9, which 
directs NASA to, not later than six months after enactment, 
establish a research program to lower energy prices, including 
the price of gasoline, using old and new technologies developed 
by NASA, with the highest priority placed on technologies that 
utilize hydrogen, solar energy, or would allow for safer, 
cleaner development of resources in the Alaska National 
Wildlife Refuge and the Outer Continental Shelf.
    Results: Defeated 4-9.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--
Nay; Sutton--Nay; Dreier--Yea; Diaz-Balart--Yea; Hastings 
(WA)--Yea; Sessions--Yea; Slaughter--Nay.

Rules Committee record vote No. 532

    Date: June 10, 2008.
    Measure: H.R. 6063.
    Motion by: Mr. Sessions.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Roskam (IL), #1, which strikes 
Section 207, a plan for the Deep Space Climate Observatory, and 
adds a new Section 311 to direct the NASA administrator to work 
with other federal agencies in developing an initiative of 
research, development, and demonstration of an alternative fuel 
for commercial aviation.
    Results: Defeated 4-9.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--
Nay; Sutton--Nay; Dreier--Yea; Diaz-Balart--Yea; Hastings 
(WA)--Yea; Sessions--Yea; Slaughter--Nay.

Rules Committee record vote No. 533

    Date: June 10, 2008.
    Measure: H.R. 6063.
    Motion by: Mr. McGovern.
    Summary of motion: To report the rule.
    Results: Adopted 9-4.
    Vote by Members: McGovern--Yea; Hastings (FL)--Yea; 
Matsui--Yea; Cardoza--Yea; Welch--Yea; Castor--Yea; Arcuri--
Yea; Sutton--Yea; Dreier--Nay; Diaz-Balart--Nay; Hastings 
(WA)--Nay; Sessions--Nay; Slaughter--Yea.

                  SUMMARY OF AMENDMENTS MADE IN ORDER

    (Summaries derived from information provided by sponsors.)
    1. Gordon (TN): Includes a provision related to 
coordination with the FAA on sonic boom research. It also 
replaces Secs. 305 and 306 with equivalent language from Secs. 
903 and 905 respectively of the House-passed FAA 
Reauthorization, H.R. 2881. It adds suborbital reusable launch 
vehicles to the list of suborbital science research platforms. 
The amendment includes a sense of Congress on the value of 
NASA's EarthKam and robotics competitions for inspiring 
students. It also includes sense of Congress language urging 
NASA to use entrepreneurial companies to conduct appropriate 
R&D and seek ways to ensure that firms that rely on fixed price 
proposals aren't disadvantaged. The amendment also includes 
NASA workforce-related provisions, including an extension of 
the RIF moratorium, a limit on the use of term positions in FY 
2009, and a temporary continuation of coverage of health 
benefits. (10 minutes)
    2. Rohrabacher (CA): Expresses the sense of Congress that 
the U.S. should seek to obtain cooperation from other nations 
in discovering and monitoring near-Earth asteroids. (10 
minutes)
    3. Wu (OR): Encourages the United States to lead confidence 
building measures that advance the long-term initiative for 
international cooperation. (10 minutes)
    4. Wu (OR): Expresses the sense of Congress that NASA 
should not dilute, distort, suppress, or impede scientific 
research or the dissemination thereof. (10 minutes)
    5. Lampson (TX): Exempts NASA from Section 526(a) of the 
Energy Independence and Security Act of 2007 if the contract 
does not specifically require the contractor to provide an 
alternative or synthetic fuel or fuel from a nonconventional 
source, the purpose of the contract is not to obtain an 
alternative or synthetic fuel or fuel from a nonconventional 
petroleum source, and the contract does not provide incentives 
for a refinery upgrade or expansion to allow a refinery to use 
or increase its use of fuel from a nonconventional petroleum 
source. (10 minutes)
    6. Arcuri (NY): Amends Title IV, Section 407 to require the 
National Aeronautics and Space Administration (NASA) to examine 
the feasibility of contracting non-federal actors to 
disseminate images and multi-media records delivered from space 
to the public as part of NASA's participatory exploration 
technology plan. Additionally, the amendment would require NASA 
to employ a transparent bidding process to award any such 
contracts, pursuant to U.S. law. (10 minutes)
    7. DeFazio (OR): Requires CBO to update their report from 
2004 on the budgetary analysis of the NASA's Vision for the 
Nation's Space Exploration Program. This report is to be 
completed in 6 months. (10 minutes)
    8. Harman (CA)/Ehlers (MI): Expresses the sense of Congress 
that NASA should work with other government agencies and the 
aerospace industry to develop and implement policies to sustain 
and expand the aerospace industry workforce. (10 minutes)
    9. Braley (IA): Directs NASA to prioritize any existing 
cooperatives with the National Oceanic Atmospheric 
Administration (NOAA) that are related to the study of 
tornadoes and tornado force winds with the goal of determining 
the nation's ability to predict tornado events. The amendment 
would also require NASA to examine if there are other areas 
where NASA can work with NOAA in the area of tornado research. 
(10 minutes)
    10. Hodes (NH): Establishes a scholarship program in honor 
of Christa McAulliffe, a teacher from Concord, New Hampshire 
who died in the 1986 Challenger Space Shuttle disaster. The 
scholarship would go to women pursuing degrees in mathematics, 
science, and engineering. (10 minutes)
    11. Yarmuth (KY): Requires NASA to respond to 
recommendations in recent reports of the Government 
Accountability Office and the National Academy of Sciences to 
ensure the public has access to correct and timely research and 
data on global warming. (10 minutes)
    12. Jackson-Lee (TX): Clarifies that the NASA Outreach and 
Technology Assistance Program will include small, minority-
owned, and women-owned businesses. It would also give 
preference, in selection for the program, to socially and 
economically disadvantaged small business concerns, small 
business concerns owned and controlled by service-disabled 
veterans, and HUBZone small business concerns. (10 minutes)

            TEXT OF AMENDMENTS MADE IN ORDER UNDER THE RULE

1. An Amendment To Be Offered by Representative Gordon of Tennessee or 
                 His Designee, Debatable for 10 Minutes

  In section 303, add at the end the following new subsection:
  (c) Coordination.--The Administrator shall ensure that sonic 
boom research is coordinated as appropriate with the 
Administrator of the Federal Aviation Administration, and as 
appropriate make use of the expertise of the Partnership for 
Air Transportation Noise and Emissions Reduction Center of 
Excellence sponsored by NASA and the Federal Aviation 
Administration.
  Amend section 305 to read as follows:

SEC. 305. INTERAGENCY RESEARCH INITIATIVE ON THE IMPACT OF AVIATION ON 
                    THE CLIMATE.

  (a) In General.--The Administrator of the Federal Aviation 
Administration, in coordination with NASA and the United States 
Climate Change Science Program, shall establish a research 
initiative to assess the impact of aviation on the climate and, 
if warranted, to evaluate approaches to mitigate that impact.
  (b) Research Plan.--Not later than one year after the date of 
enactment of this Act, the participating Federal entities shall 
jointly develop a plan for the research program that contains 
the objectives, proposed tasks, milestones, and 5-year 
budgetary profile.
  Amend section 306 to read as follows (and amend the table of 
contents accordingly):

SEC. 306. RESEARCH ON DESIGN FOR CERTIFICATION.

  (a) Establishment of Program.--Not later than 6 months after 
the date of enactment of this Act, the Federal Aviation 
Administration, in consultation with other agencies as 
appropriate, shall establish a research program on methods to 
improve both confidence in and the timeliness of certification 
of new technologies for their introduction into the national 
airspace system.
  (b) Research Plan.--Not later than 1 year after the date of 
enactment of this Act, as part of the activity described in 
subsection (a), the Federal Aviation Administration shall 
develop a plan for the research program that contains the 
objectives, proposed tasks, milestones, and five-year budgetary 
profile.
  (c) Review.--The Administrator of the Federal Aviation 
Administration shall have the National Research Council conduct 
an independent review of the research program plan and provide 
the results of that review to the Committee on Science and 
Technology and the Committee on Transportation and 
Infrastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the 
Senate not later than 18 months after the date of enactment of 
this Act.
  In section 504, strike ``and high-altitude balloons,'' and 
insert ``high-altitude balloons, and suborbital reusable launch 
vehicles,''.
  In title VII, add at the end the following new section (and 
amend the table of contents accordingly):

SEC. 703. SENSE OF CONGRESS.

  It is the sense of Congress that NASA's educational programs 
are important sources of inspiration and hands-on learning for 
the next generation of engineers and scientists and should be 
supported. In that regard, programs such as EarthKAM, which 
brings NASA directly into American classrooms by enabling 
students to talk directly with Astronauts aboard International 
Space Station and take photographs of Earth from space, and 
NASA involvement in robotics competitions for students of all 
levels, are particularly worthy undertakings and NASA should 
support them and look for additional opportunities to engage 
students through NASA's space and aeronautics activities.
  In section 901, insert ``It is further the sense of Congress 
that United States entrepreneurial space companies have the 
potential to develop and deliver innovative technology 
solutions at affordable costs. NASA is encouraged to use United 
States entrepreneurial space companies to conduct appropriate 
research and development activities. NASA is further encouraged 
to seek ways to ensure that firms that rely on fixed-price 
proposals are not disadvantaged when NASA seeks to procure 
technology development.'' after ``provide those services.''.
  In title XI, add at the end the following new sections (and 
amend the table of contents accordingly):

SEC. 1109. REDUCTION-IN-FORCE MORATORIUM.

  NASA shall not initiate or implement a reduction-in-force, or 
conduct any other involuntary separations of permanent, non-
Senior Executive Service, civil servant employees except for 
cause on charges of misconduct, delinquency, or inefficiency 
prior to December 31, 2010.

SEC. 1110. LIMIT ON THE USE OF TERM POSITIONS.

  NASA shall limit the percentage of employees in term 
positions, excluding students and cooperatives, within NASA to 
less than or equal to ten percent of the total number of non-
Senior Executive Service, civil servant employees in fiscal 
year 2009.

SEC. 1111. TEMPORARY CONTINUATION OF COVERAGE OF HEALTH BENEFITS.

  (a) Section 8905a (d) of title 5, United States Code, is 
amended by adding at the end the following new paragraph:
          ``(6)(A) If the basis for continued coverage under 
        this section is, as a result of the termination of the 
        Space Shuttle Program, an involuntary separation from a 
        position due to a reduction-in-force or declination of 
        a directed reassignment or transfer of function, or a 
        voluntary separation from a surplus position in the 
        National Aeronautics and Space Administration--
                  ``(i) the individual shall be liable for not 
                more than the employee contributions referred 
                to in paragraph (1)(A)(i); and
                  ``(ii) the National Aeronautics and Space 
                Administration shall pay the remaining portion 
                of the amount required under paragraph (1) (A).
          ``(B) This paragraph shall only apply with respect to 
        individuals whose continued coverage is based on a 
        separation occurring on or after the date of enactment 
        of this paragraph and before December 31, 2010.
          ``(C) For purposes of this paragraph, ``surplus 
        position'' means a position which is--
                  ``(i) identified in pre-reduction-in-force 
                planning as no longer required, and which is 
                expected to be eliminated under formal 
                reduction-in-force procedures as a result of 
                the termination of the Space Shuttle Program; 
                or
                  ``(ii) encumbered by an employee who has 
                received official certification from the 
                National Aeronautics and Space Administration 
                consistent with the Administration's career 
                transition assistance program regulations that 
                the position is being abolished as a result of 
                the termination of the Space Shuttle 
                Program.''.
  (b) Paragraph (1)(A) of such subsection (d) is amended by 
striking ``(4) and (5)'' and inserting ``(4), (5), and (6)''.

    2. An Amendment To Be Offered by Representative Rohrabacher of 
         California, or His Designee, Debatable for 10 Minutes

  In title VIII, add at the end the following new section (and 
amend the table of contents accordingly):

SEC. 807. INTERNATIONAL RESOURCES.

  It is the sense of Congress that, since an estimated 25,000 
asteroids of concern have yet to be discovered and monitored, 
the United States should seek to obtain commitments for 
cooperation from other nations with significant resources for 
contributing to a thorough and timely search for such objects 
and an identification of their characteristics.
                              ----------                              


 3. An Amendment To Be Offered by Representative Wu of Oregon, or His 
                   Deisgnee, Debatable for 10 Minutes

    In section 401 insert at the end the following: ``When 
appropriate, the United States should lead confidence building 
measures that advance the long-term initiative for 
international cooperation.''.
                              ----------                              


 4. An Amendment To Be Offered by Representative Wu of Oregon, or His 
                   Designee, Debatable for 10 Minutes

  In title XI, add at the end the following new section (and 
amend the table of contents accordingly:

SEC. 1109. SENSE OF CONGRESS.

    It is the sense of Congress that NASA should not dilute, 
distort, suppress, or impede scientific research or the 
dissemination thereof.
                              ----------                              


 5. An Amendment To Be Offerred by Representative Lampson of Texas or 
                 His Designee Debatable for 10 Minutes

  In title XI, add at the end the following new section (and 
amend the table of contents accordingly):

SEC. 1109. EXCEPTION TO ALTERNATIVE FUEL PROCUREMENT REQUIREMENT.

  Section 526(a) of the Energy Independence and Security Act of 
2007 (42 U.S.C. 17142(a)) does not prohibit NASA from entering 
into a contract to purchase a generally available fuel that is 
not an alternative or synthetic fuel or predominantly produced 
from a nonconventional petroleum source, if--
          (1) the contract does not specifically require the 
        contractor to provide an alternative or synthetic fuel 
        or fuel from a nonconventional petroleum source;
          (2) the purpose of the contract is not to obtain an 
        alternative or synthetic fuel or fuel from a 
        nonconventional petroleum source; and
          (3) the contract does not provide incentives for a 
        refinery upgrade or expansion to allow a refinery to 
        use or increase its use of fuel from a nonconventional 
        petroleum source.
                              ----------                              


 6. An Amendment To Be Offered by Representative Arcuri of New York or 
                 His Designee, Debatable for 10 Minutes

  In section 407(a), add at the end the following: ``As part of 
the technology plan, the Administrator shall examine the 
feasibility of having NASA enter into contracts with 
appropriate public, private sector, and international partners 
to broadcast electronically, including via the Internet, images 
and multimedia records delivered from its missions in space to 
the public and shall identify issues associated with such 
contracts. In any such contracts, NASA would be required to 
adhere to a transparent bidding process to award contracts, 
pursuant to United States law.''.
                              ----------                              


 7. An Amendment To Be Offered by Representative DeFazio of Oregon or 
                 His Designee, Debatable for 10 Minutes

  In title IV, add at the end the following new section (and 
amend the table of contents accordingly):

SEC. 409. CONGRESSIONAL BUDGET OFFICE REPORT UPDATE.

  Not later than 6 months after the date of enactment of this 
Act, the Congressional Budget Office shall update its report 
from 2004 on the budgetary analysis of NASA's Vision for the 
Nation's Space Exploration Program, including new estimates for 
Project Constellation, NASA's new generation of spacecraft 
designed for human spaceflight that will replace the Space 
Shuttle program.
                              ----------                              


 8. An Amendment To Be Offered by Representative Harman of California, 
               or Her Designee, Debatable for 10 Minutes

  In title XI, add at the end the following new section (and 
amend the table of contents accordingly):

SEC. 1109. SENSE OF CONGRESS REGARDING THE NEED FOR A ROBUST WORKFORCE.

  It is the sense of Congress that--
          (1) a robust and highly skilled workforce is critical 
        to the success of NASA's programs;
          (2) voluntary attrition, the retirement of many 
        senior workers, and difficulties in recruiting could 
        leave NASA without access to the intellectual capital 
        necessary to compete with its global competitors; and
          (3) NASA should work cooperatively with other 
        agencies of the United States Government responsible 
        for programs related to space and the aerospace 
        industry to develop and implement policies, including 
        those with an emphasis on improving science, 
        technology, engineering, and mathematics education at 
        all levels, to sustain and expand the diverse workforce 
        available to NASA.
                              ----------                              


9. An Amendment To Be Offered by Representative Braley of Iowa, or His 
                   Designee, Debatable for 10 Minutes

  In title II, add at the end the following new section (and 
amend the table of contents accordingly):

SEC. 208. TORNADOES.

  The Administrator shall ensure that NASA gives high priority 
to those parts of its existing cooperative activities with NOAA 
that are related to the study of tornadoes, tornado-force 
winds, and other factors determined to influence the 
development of tornadoes, with the goal of improving the 
Nation's ability to predict tornado events. Further, the 
Administrator shall examine whether there are additional 
cooperative activities with NOAA that should be undertaken in 
the area of tornado research.
                              ----------                              


     10. An Amendment To Be Offered by Representative Hodes of New 
          Hampshire, or His Designee, Debatable for 10 Minutes

  In title XI, add at the end the following new section (and 
amend the table of contents accordingly):

SEC. 1109. CHRISTA MCAULIFFE SCHOLARSHIP PROGRAM FOR FIELDS RELATED TO 
                    THE MISSION OF NASA.

  The Administrator shall establish a scholarship program in 
honor of Christa McAuliffe, who died in the 1986 Challenger 
Space Shuttle Disaster. The scholarship fund would provide 
scholarships each year of $10,000 each to three women who are 
going to college to study in fields related to the mission of 
NASA, with the goal of seeking careers in space science, 
aeronautics, and other fields related to NASA.
                              ----------                              


 11. An Amendment To Be Offered by Representative Yarmuth of Kentucky, 
               or His Designee, Debatable for 10 Minutes

  In title II, add at the end the following new section (and 
amendment the table of contents accordingly):

SEC. 209. SHARING WEATHER RESEARCH.

  The Administrator shall work to ensure that NASA's policies 
on the sharing of climate related data respond to the 
recommendations of the Government Accountability Office's 
report on climate change research and data-sharing policies and 
to the recommendations on the processing, distribution, and 
archiving of data by the National Academies Earth Science 
Decadal Survey, Earth Science and Applications from Space, and 
other relevant National Academies reports, to enhance and 
facilitate their availability and widest possible use to ensure 
public access to accurate and current data on global warming.
                              ----------                              


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

  In section 1108--
          (1) in subsection (a), strike ``small businesses'' 
        and insert ``small, minority-owned, and women-owned 
        businesses''; and
          (2) in subsection (b)(2), insert ``, giving 
        preference to socially and economically disadvantaged 
        small business concerns, small business concerns owned 
        and controlled by service-disabled veterans, and 
        HUBZone small business concerns. This paragraph shall 
        not apply to any contracting actions entered into or 
        taken by the Agency'' after ``to small businesses''.

                                  
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