22–474 

109TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 109–173 

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 

AUTHORIZATION ACT OF 2005 

JULY 18, 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 

together with 

ADDITIONAL VIEWS 

[To accompany H.R. 3070] 

The Committee on Science, to whom was referred the bill (H.R. 

3070) to reauthorize the human space flight, aeronautics, and 

science programs of the National Aeronautics and Space Administration, 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 ...................................................................................... 29 

III. Background and Need for the Legislation ................................................ 29 

IV. Summary of Hearings ................................................................................. 29 

V. Committee Actions ...................................................................................... 30 

VI. Summary of Major Provisions of the Bill .................................................. 32 

VII. Section-by-Section Analysis of the Bill, as Amended ............................... 34 

VIII. Committee Views ........................................................................................ 45 

IX. Cost Estimate .............................................................................................. 55 

X. Congressional Budget Office Cost Estimate ............................................. 55 

XI. Compliance With Public Law 104–4 (Unfunded Mandates) .................... 55 

XII. Committee Oversight Findings and Recommendations ........................... 55 

XIII. Statement on General Performance Goals and Objectives ...................... 55 

XIV. Constitutional Authority Statement .......................................................... 56 

XV. Federal Advisory Committee Statement ................................................... 56 

XVI. Congressional Accountability Act .............................................................. 56 

XVII. Statement on Preemption of State, Local, or Tribal Law ........................ 56 

XVIII. Changes in Existing Law Made by the Bill, As Reported ....................... 56 

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XIX. Committee Recommendations .................................................................... 68 

XX. Additional Views ......................................................................................... 69 

XXI. Proceedings of the Subcommittee Markup ................................................ 70 

XXII. Proceedings of the Full Committee Markup ............................................. 143 

I. AMENDMENT

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘National Aeronautics and Space 

Administration Authorization Act of 2005’’. 

(b) TABLE OF CONTENTS.—The table of contents for this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

Sec. 3. Definitions. 

TITLE I—GENERAL PRINCIPLES AND REPORTS 

Sec. 101. Responsibilities, policies, and plans. 

Sec. 102. Reports. 

Sec. 103. Baselines and cost controls. 

Sec. 104. Prize authority. 

Sec. 105. Foreign launch vehicles. 

Sec. 106. Safety management. 

Sec. 107. Lessons learned and best practices. 

Sec. 108. Commercialization plan. 

Sec. 109. Study on the feasibility of use of ground source heat pumps. 

TITLE II—AUTHORIZATION OF APPROPRIATIONS 

Sec. 201. Structure of budgetary accounts. 

Sec. 202. Fiscal year 2006. 

Sec. 203. Fiscal year 2007. 

Sec. 204. ISS research. 

Sec. 205. Test facilities. 

Sec. 206. Proportionality. 

Sec. 207. Limitations on authority. 

Sec. 208. Notice of reprogramming. 

Sec. 209. Cost overruns. 

Sec. 210. Official representational fund. 

Sec. 211. International Space Station cost cap. 

TITLE III—SCIENCE 

Subtitle A—General Provisions 

Sec. 301. Performance assessments. 

Sec. 302. Status report on Hubble Space Telescope servicing mission. 

Sec. 303. Independent assessment of Landsat-NPOESS integrated mission. 

Sec. 304. Assessment of science mission extensions. 

Sec. 305. Microgravity research. 

Sec. 306. Coordination with the National Oceanic and Atmospheric Administration. 

Subtitle B—Remote Sensing 

Sec. 311. Definitions. 

Sec. 312. Pilot projects to encourage public sector applications. 

Sec. 313. Program evaluation. 

Sec. 314. Data availability. 

Sec. 315. Education. 

Subtitle C—George E. Brown, Jr. Near-Earth Object Survey 

Sec. 321. George E. Brown, Jr. Near-Earth Object Survey. 

TITLE IV—AERONAUTICS 

Sec. 401. Definition. 

Subtitle A—National Policy for Aeronautics Research and Development 

Sec. 411. Policy. 

Subtitle B—NASA Aeronautics Breakthrough Research Initiatives 

Sec. 421. Environmental aircraft research and development initiative. 

Sec. 422. Civil supersonic transport research and development initiative. 

Sec. 423. Rotorcraft and other runway-independent air vehicles research and development initiative. 

Subtitle C—Other NASA aeronautics research and development activities 

Sec. 431. Fundamental research and technology base program. 

Sec. 432. Airspace systems research. 

Sec. 433. Aviation safety and security research. 

Sec. 434. Zero-emissions aircraft research. 

Sec. 435. Mars aircraft research. 

Sec. 436. Hypersonics research. 

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Sec. 437. NASA aeronautics scholarships. 

Sec. 438. Aviation weather research. 

Sec. 439. Assessment of wake turbulence research and development program. 

Sec. 440. University-based centers for research on aviation training. 

TITLE V—HUMAN SPACE FLIGHT 

Sec. 501. International Space Station completion. 

Sec. 502. Human exploration priorities. 

Sec. 503. GAO assessment. 

TITLE VI—OTHER PROGRAM AREAS 

Subtitle A—Space and Flight Support 

Sec. 601. Orbital debris. 

Sec. 602. Secondary payload capability. 

Subtitle B—Education 

Sec. 611. Institutions in NASA’s minority institutions program. 

Sec. 612. Program to expand distance learning in rural underserved areas. 

Sec. 613. Charles ‘‘Pete’’ Conrad Astronomy Awards. 

Sec. 614. Review of education programs. 

Sec. 615. Equal access to NASA’s education programs. 

TITLE VII—MISCELLANEOUS AMENDMENTS 

Sec. 701. Retrocession of jurisdiction. 

Sec. 702. Extension of indemnification. 

Sec. 703. NASA scholarships. 

Sec. 704. Independent cost analysis. 

Sec. 705. Limitations on off-shore performance of contracts for the procurement of goods and services. 

TITLE VIII—INDEPENDENT COMMISSIONS 

Sec. 801. Definitions. 

Subtitle A—International Space Station Independent Safety Commission 

Sec. 811. Establishment of Commission. 

Sec. 812. Tasks of the Commission. 

Sec. 813. Sunset. 

Subtitle B—Human Space Flight Independent Investigation Commission 

Sec. 821. Establishment of Commission. 

Sec. 822. Tasks of the Commission. 

Subtitle C—Organization and Operation of Commissions 

Sec. 831. Composition of Commissions. 

Sec. 832. Powers of Commission. 

Sec. 833. Public meetings, information, and hearings. 

Sec. 834. Staff of Commission. 

Sec. 835. Compensation and travel expenses. 

Sec. 836. Security clearances for Commission members and staff. 

Sec. 837. Reporting requirements and termination. 

SEC. 2. FINDINGS. 

The Congress finds the following: 

(1) On January 14, 2004, the President unveiled the Vision for Space Exploration to guide United States policy on human space exploration. 

(2) The President’s vision of returning humans to the Moon and working toward a sustainable human presence there and then venturing further into the 

solar system provides a sustainable rationale for the United States human 

space flight program. 

(3) As we enter the Second Space Age, the National Aeronautics and Space 

Administration should continue to support robust programs in space science, 

aeronautics, and earth science as it moves forward with plans to send Americans to the Moon, Mars, and worlds beyond. 

(4) The National Aeronautics and Space Administration’s programs can advance the frontiers of science, expanding understanding of our planet and of the 

universe, and contribute to American prosperity. 

(5) The United States should honor its international commitments to the 

International Space Station program. 

(6) The United States must remain the leader in aeronautics and aviation. 

Any erosion of this preeminence is not in the Nation’s economic or security interests. Past Federal investments in aeronautics research and development 

have benefited the economy and national security of the United States and improved the quality of life of its citizens. 

(7) Long-term progress in aeronautics and space requires continued Federal 

investment in fundamental research, test facilities, and maintenance of a 

skilled civil service workforce at NASA’s Centers. 

(8) An important part of NASA’s mission is education and outreach. 

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SEC. 3. DEFINITIONS. 

In this Act: 

(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the Administrator of 

the National Aeronautics and Space Administration. 

(2) ISS.—The term ‘‘ISS’’ means the International Space Station. 

(3) NASA.—The term ‘‘NASA’’ means the National Aeronautics and Space Administration. 

TITLE I—GENERAL PRINCIPLES AND REPORTS 

SEC. 101. RESPONSIBILITIES, POLICIES, AND PLANS. 

(a) GENERAL RESPONSIBILITIES.— (1) PROGRAMS.—The Administrator shall ensure that NASA carries out a balanced set of programs that shall include, at a minimum, programs in— 

(A) human space flight, in accordance with subsection (b); 

(B) aeronautics research and development; and 

(C) scientific research, which shall include, at a minimum— 

(i) robotic missions to study planets, and to deepen understanding of 

astronomy, astrophysics, and other areas of science that can be productively studied from space; 

(ii) earth science research and research on the Sun-Earth connection 

through the development and operation of research satellites and other 

means; 

(iii) support of university research in space science and earth science; 

and 

(iv) research on microgravity, including research that is not directly 

related to human exploration. 

(2) CONSULTATION AND COORDINATION.—In carrying out the programs of 

NASA, the Administrator shall— 

(A) consult and coordinate to the extent appropriate with other relevant 

Federal agencies, including through the National Science and Technology 

Council; 

(B) work closely with the private sector, including by— 

(i) encouraging the work of entrepreneurs who are seeking to develop 

new means to launch satellites, crew, or cargo; 

(ii) contracting with the private sector for crew and cargo services to 

the extent practicable; and 

(iii) using commercially available products (including software) and 

services to the extent practicable to support all NASA activities; and 

(C) involve other nations to the extent appropriate. 

(b) VISION FOR SPACE EXPLORATION.—The Administrator shall manage human 

space flight programs to strive to achieve the following goals: 

(1) Returning Americans to the Moon no later than 2020. 

(2) Launching the Crew Exploration Vehicle as close to 2010 as possible. 

(3) Increasing knowledge of the impacts of long duration stays in space on the 

human body using the most appropriate facilities available. 

(4) Enabling humans to land on and return from Mars and other destinations 

on a timetable that is technically and fiscally possible. 

(c) AERONAUTICS.— (1) IN GENERAL.—The President of the United States, through the Administrator, and in consultation with other Federal agencies, shall develop a national 

aeronautics policy to guide the aeronautics programs of NASA through 2020. 

(2) CONTENT.—At a minimum, the national aeronautics policy shall describe 

for NASA— 

(A) the priority areas of research for aeronautics through fiscal year 2011; 

(B) the basis on which and the process by which priorities for ensuing fiscal years will be selected; 

(C) the facilities and personnel needed to carry out the aeronautics program through fiscal year 2011; and 

(D) the budget assumptions on which the national aeronautics policy is 

based, which for fiscal years 2006 and 2007 shall be the authorized level 

for aeronautics provided in title II of this Act. 

(3) CONSIDERATIONS.—In developing the national aeronautics policy, the 

President shall consider the following issues, which shall be discussed in the 

transmittal under paragraph (5): 

(A) The extent to which NASA should focus on long-term, high-risk research or more incremental research, and the expected impact on the 

United States aircraft and airline industries of that decision. 

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(B) The extent to which NASA should address military and commercial 

needs. 

(C) How NASA will coordinate its aeronautics program with other Federal agencies. 

(D) The extent to which NASA will fund university research, and the expected impact of that funding on the supply of United States workers for 

the aeronautics industry. 

(E) The extent to which the priority areas of research listed pursuant to 

paragraph (2)(A) should include the activities authorized by title IV of this 

Act, the discussion of which shall include a priority ranking of all of the 

activities authorized in title IV and an explanation for that ranking. 

(4) CONSULTATION.—In the development of the national aeronautics policy, 

the Administrator shall consult widely with academic and industry experts and 

with other Federal agencies. The Administrator may enter into an arrangement 

with the National Academy of Sciences to help develop the national aeronautics 

policy. 

(5) SCHEDULE.—The Administrator shall transmit the national aeronautics 

policy to the Committee on Appropriations and the Committee on Science of the 

House of Representatives, and to the Committee on Appropriations and the 

Committee on Commerce, Science, and Transportation of the Senate, not later 

than the date on which the President submits the proposed budget for the Federal Government for fiscal year 2007 to the Congress. The Administrator shall 

make available to those committees any study done by a nongovernmental entity that was used in the development of the national aeronautics policy. 

(d) SCIENCE.— 

(1) IN GENERAL.—The Administrator shall develop a policy to guide the 

science programs of NASA through 2016. 

(2) CONTENT.—At a minimum, the policy shall describe— 

(A) the missions NASA will initiate, design, develop, launch, or operate 

in space science and earth science through fiscal year 2016, including 

launch dates; 

(B) a priority ranking of all of the missions listed under subparagraph 

(A), and the rationale for the ranking; 

(C) the budget assumptions on which the policy is based, which for fiscal 

years 2006 and 2007 shall be consistent with the authorizations provided 

in title II of this Act; and 

(D) the facilities and personnel needed to carry out the policy through fiscal year 2016. 

(3) CONSIDERATIONS.—In developing the science policy under this subsection, 

the Administrator shall consider the following issues, which shall be discussed 

in the transmittal under paragraph (6): 

(A) What the most important scientific questions in space science and 

earth science are. 

(B) The relationship between NASA’s space and earth science activities 

and those of other Federal agencies. 

(4) CONSULTATION.—In developing the policy under this subsection, the Administrator shall draw on decadal surveys and other reports in planetary 

science, astronomy, solar and space physics, earth science, and any other relevant fields developed by the National Academy of Sciences. The Administrator 

shall also consult widely with academic and industry experts and with other 

Federal agencies. 

(5) HUBBLE SPACE TELESCOPE.—The policy developed under this subsection 

shall address plans for a human mission to repair the Hubble Space Telescope 

consistent with section 302 of this Act. 

(6) SCHEDULE.—The Administrator shall transmit the policy developed under 

this subsection to the Committee on Science of the House of Representatives 

and the Committee on Commerce, Science, and Transportation of the Senate not 

later than the date on which the President submits the proposed budget for the 

Federal Government for fiscal year 2007 to the Congress. The Administrator 

shall make available to those committees any study done by a nongovernmental 

entity that was used in the development of the policy. 

(e) FACILITIES.— 

(1) IN GENERAL.—The Administrator shall develop a plan for managing 

NASA’s facilities through fiscal year 2015. The plan shall be consistent with the 

policies and plans developed pursuant to this section. 

(2) CONTENT.—At a minimum, the plan shall describe— 

(A) any new facilities NASA intends to acquire, whether through construction, purchase, or lease, and the expected dates for doing so; 

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(B) any facilities NASA intends to significantly modify, and the expected 

dates for doing so; 

(C) any facilities NASA intends to close, and the expected dates for doing 

so; 

(D) any transaction NASA intends to conduct to sell, lease, or otherwise 

transfer the ownership of a facility, and the expected dates for doing so; 

(E) how each of the actions described in subparagraphs (A), (B), (C), and 

(D) will enhance the ability of NASA to carry out its programs; 

(F) the expected costs or savings expected from each of the actions described in subparagraphs (A), (B), (C), and (D); 

(G) the priority order of the actions described in subparagraphs (A), (B), 

(C), and (D); 

(H) the budget assumptions of the plan, which for fiscal years 2006 and 

2007 shall be consistent with the authorizations provided in title II of this 

Act; and 

(I) how facilities were evaluated in developing the plan. 

(3) SCHEDULE.—The Administrator shall transmit the plan developed under 

this subsection to the Committee on Science of the House of Representatives 

and the Committee on Commerce, Science, and Transportation of the Senate not 

later than the date on which the President submits the proposed budget for the 

Federal Government for fiscal year 2008 to the Congress. 

(f) WORKFORCE.— 

(1) IN GENERAL.—The Administrator shall develop a human capital strategy 

to ensure that NASA has a workforce of the appropriate size and with the appropriate skills to carry out the programs of NASA, consistent with the policies 

and plans developed pursuant to this section. The strategy shall cover the period through fiscal year 2011. 

(2) CONTENT.—The strategy shall describe, at a minimum— 

(A) any categories of employees NASA intends to reduce, the expected 

size and timing of those reductions, the methods NASA intends to use to 

make the reductions, and the reasons NASA no longer needs those employees; 

(B) any categories of employees NASA intends to increase, the expected 

size and timing of those increases, the methods NASA intends to use to recruit the additional employees, and the reasons NASA needs those employees; 

(C) the steps NASA will use to retain needed employees; and 

(D) the budget assumptions of the strategy, which for fiscal years 2006 

and 2007 shall be consistent with the authorizations provided in title II of 

this Act, and any expected additional costs or savings from the strategy by 

fiscal year. 

(3) SCHEDULE.—The Administrator shall transmit the strategy developed 

under this subsection to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not later than the date on which the President submits the proposed budget 

for the Federal Government for fiscal year 2007 to the Congress. At least 60 

days before transmitting the strategy, NASA shall provide a draft of the strategy to its Federal Employee Unions for a 30-day consultation period after which 

NASA shall respond in writing to any written concerns provided by the Unions. 

(4) LIMITATION.—NASA may not initiate any buyout offer or Reduction in 

Force until 60 days after the strategy required by this subsection has been 

transmitted to the Congress in accordance with paragraph (3). NASA may not 

implement any Reduction in Force or other involuntary separations prior to October 1, 2006. 

(g) CENTER MANAGEMENT.— 

(1) IN GENERAL.—The Administrator shall conduct a study to determine 

whether any of NASA’s centers should be operated by or with the private sector 

by converting a center to a Federally Funded Research and Development Center 

or through any other mechanism. 

(2) CONTENT.—The study shall, at a minimum— 

(A) make a recommendation for the operation of each center and provide 

reasons for that recommendation; and 

(B) describe the advantages and disadvantages of each mode of operation 

considered in the study. 

(3) CONSIDERATIONS.—In conducting the study, the Administrator shall take 

into consideration the experiences of other relevant Federal agencies in operating laboratories and centers and any reports that have reviewed the mode of 

operation of those laboratories and centers, as well as any reports that have reviewed NASA’s centers. 

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(4) SCHEDULE.—The Administrator shall transmit the study conducted under 

this subsection to the Committee on Science of the House of Representatives 

and the Committee on Commerce, Science, and Transportation of the Senate not 

later than May 31, 2006. 

(h) BUDGETS.—The proposed budget for NASA submitted by the President for 

each fiscal year shall be accompanied by documents showing— 

(1) the budget for each element of the human space flight program; 

(2) the budget for aeronautics; 

(3) the budget for space science; 

(4) the budget for earth science; 

(5) the budget for microgravity science; 

(6) the budget for education; 

(7) the budget for technology transfer programs; 

(8) the budget for the Integrated Financial Management Program, by individual element; 

(9) the budget for the Independent Technical Authority, both total and by center; 

(10) the budget for public relations, by program; 

(11) the comparable figures for at least the 2 previous fiscal years for each 

item in the proposed budget; 

(12) the amount of unobligated funds and unexpended funds, by appropriations account— 

(A) that remained at the end of the fiscal year prior to the fiscal year in 

which the budget is being presented that were carried over into the fiscal 

year in which the budget is being presented; 

(B) that are estimated will remain at the end of the fiscal year in which 

the budget is being presented that are proposed to be carried over into the 

fiscal year for which the budget is being presented; and 

(C) that are estimated will remain at the end of the fiscal year for which 

the budget is being presented; and 

(13) the budget for safety, by program. 

(i) GENERAL AND ADMINISTRATIVE EXPENSES.—NASA shall make available, upon 

request from the Committee on Science of the House of Representatives or the Committee on Commerce, Science, and Transportation of the Senate, information on Corporate and Center General and Administrative Costs and Service Pool costs, including— 

(1) the total amount of funds being allocated for those purposes for any fiscal 

year for which the President has submitted an annual budget request to Congress; 

(2) the amount of funds being allocated for those purposes for each center, for 

headquarters, and for each directorate; and 

(3) the major activities included in each cost category. 

(j) NASA TEST FACILITIES.— 

(1) REVIEW.—The Director of the Office of Science and Technology Policy shall 

commission an independent review of the Nation’s long-term strategic needs for 

test facilities and shall submit the review to the Committee on Science of the 

House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. The review shall include an evaluation of the facility 

needs described pursuant to subsection (c)(2)(C). 

(2) LIMITATION.—The Administrator shall not close or mothball any aeronautical test facilities identified in the 2003 independent assessment by the 

RAND Corporation, entitled ‘‘Wind Tunnel and Propulsion Test Facilities: An 

Assessment of NASA’s Capabilities to Serve National Needs’’ as being part of 

the minimum set of those facilities necessary to retain and manage to serve national needs, as well as any other NASA test facilities that were in use as of 

January 1, 2004, until the review conducted under paragraph (1) has been 

transmitted to the Congress. 

SEC. 102. REPORTS. 

(a) IMMEDIATE ISSUES.—Not later than September 30, 2005, 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 report on 

each of the following items: 

(1) The research agenda for the ISS and its proposed final configuration. 

(2) The number of flights the Space Shuttle will make before its retirement, 

the purpose of those flights, and the expected date of the final flight. 

(3) A description of the means, other than the Space Shuttle, that may be 

used to ferry crew and cargo to and from the ISS. 

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(4) A plan for the operation of the ISS in the event that the Iran Nonproliferation Act of 2000 is not amended. 

(5) A description of the launch vehicle for the Crew Exploration Vehicle. 

(6) A description of any heavy lift vehicle NASA intends to develop, the intended uses of that vehicle, and whether the decision to develop that vehicle has 

undergone an interagency review. 

(7) A description of the intended purpose of lunar missions and the architecture for those missions. 

(8) The program goals for Project Prometheus. 

(9) A plan for managing the cost increase for the James Webb Space Telescope. 

(b) CREW EXPLORATION VEHICLE.—The Administrator shall not enter into a development contract for the Crew Exploration Vehicle until at least 30 days after the 

Administrator has transmitted to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the 

Senate a report describing— 

(1) the expected cost of the Crew Exploration Vehicle through fiscal year 

2020, based on the specifications for that development contract; 

(2) the expected budgets for each fiscal year through fiscal year 2020 for 

human space flight, aeronautics, space science, and earth science— 

(A) first assuming inflationary growth for the budget of NASA as a whole 

and including costs for the Crew Exploration Vehicle as projected under 

paragraph (1); and 

(B) then assuming inflationary growth for the budget of NASA as a whole 

and including at least two cost estimates for the Crew Exploration Vehicle 

that are higher than those projected under paragraph (1), based on NASA’s 

past experience with cost increases for similar programs, along with a description of the reasons for selecting the cost estimates used for the calculations under this subparagraph and the probability that the cost of the Crew 

Exploration Vehicle will reach those estimated amounts; and 

(3) the extent to which the Crew Exploration Vehicle will allow for the escape 

of the crew in the event of an emergency. 

(c) SPACE COMMUNICATIONS STUDY.— 

(1) STUDY.—The Administrator shall develop a plan for updating NASA’s 

space communications architecture for both low-Earth orbital operations and 

deep space exploration so that it is capable of meeting NASA’s needs over the 

next 20 years. The plan shall also include life-cycle cost estimates, milestones, 

estimated performance capabilities, and 5-year funding profiles. The plan shall 

also include an estimate of the amounts of any reimbursements NASA is likely 

to receive from other Federal agencies during the expected life of the upgrades 

described in the plan. The plan shall include a description of the following: 

(A) Projected Deep Space Network requirements for the next decade, including those in support of human space exploration missions. 

(B) Upgrades needed to support Deep Space Network requirements. 

(C) Cost estimates for the maintenance of existing Deep Space Network 

capabilities. 

(D) Cost estimates and schedules for the upgrades described in subparagraph (B). 

(2) CONSULTATIONS.—The Administrator shall consult with other relevant 

Federal agencies in developing the plan under this subsection. 

(3) REPORT.—The Administrator shall transmit the plan under this subsection 

to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not later than 

February 17, 2007. 

(d) PUBLIC RELATIONS.—Not later than December 31, 2005, the Administrator 

shall transmit a plan to the Committee on Appropriations and the Committee on 

Science of the House of Representatives, and to the Committee on Appropriations 

and the Committee on Commerce, Science, and Transportation of the Senate, describing the activities that will be undertaken as part of the national awareness 

campaign required by the report of the Committee on Appropriations of the House 

of Representatives accompanying the Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006, and the expected cost of those activities. 

NASA may undertake activities as part of the national awareness campaign prior 

to the transmittal of the plan required by this subsection, but not until 15 days after 

notifying the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate of any activity. The 

plan required by this subsection shall include the estimated costs of any activities 

undertaken pursuant to notice under the preceding sentence. 

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(e) JOINT DARK ENERGY MISSION.—The Administrator and the Director of the Department of Energy Office of Science shall jointly transmit to the Committee on 

Science of the House of Representatives and the Committee on Commerce, Science, 

and Transportation of the Senate, not later than the date on which the President 

submits the proposed budget for the Federal Government for fiscal year 2007, a report on plans for a Joint Dark Energy Mission. The report shall include the amount 

of funds each agency intends to expend on the Joint Dark Energy Mission for each 

of the fiscal years 2007 through 2011, and any specific milestones for the development and launch of the Mission. 

(f) SHUTTLE EMPLOYEE TRANSITION.—The Administrator shall consult with other 

appropriate Federal agencies and with NASA contractors and employees to develop 

a transition plan for Federal and contractor personnel engaged in the Space Shuttle 

program. The plan shall include actions to assist Federal and contractor personnel 

to take advantage of training, retraining, job placement, and relocation programs, 

and any other actions that NASA will take to assist the employees. The plan shall 

also describe how the Administrator will ensure that NASA and its contractors will 

have an appropriate complement of employees to allow for the safest possible use 

of the Space Shuttle through its final flight. The Administrator shall transmit the 

plan to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not later than 90 

days after the date of enactment of this Act. 

(g) OFFICE OF SCIENCE AND TECHNOLOGY POLICY.— 

(1) STUDY.—The Director of the Office of Science and Technology Policy shall 

conduct a study to determine— 

(A) if any research and development programs of NASA are unnecessarily 

duplicating aspects of programs of other Federal agencies; and 

(B) if any research and development programs of NASA are neglecting 

any topics of national interest that are related to the mission of NASA. 

(2) REPORT.—Not later than March 1, 2006, the Director of the Office of 

Science and Technology Policy shall transmit to the Committee on Science of 

the House of Representatives and the Committee on Commerce, Science, and 

Transportation of the Senate a report that— 

(A) describes the results of the study under paragraph (1); 

(B) lists the research and development programs of Federal agencies 

other than NASA that were reviewed as part of the study, which shall include any program supporting research and development in an area related 

to the programs of NASA, and the most recent budget figures for those programs of other agencies; 

(C) recommends any changes to the research and development programs 

of NASA that should be made to eliminate unnecessary duplication or address topics of national interest; and 

(D) describes mechanisms the Office of Science and Technology Policy will 

use to ensure adequate coordination between NASA and Federal agencies 

that operate related programs. 

SEC. 103. BASELINES AND COST CONTROLS. 

(a) CONDITIONS FOR DEVELOPMENT.— 

(1) IN GENERAL.—NASA shall not enter into a contract for the development 

phase of a major program unless the Administrator determines that— 

(A) the technical, cost, and schedule risks of the program are clearly identified and the program has developed a plan to manage those risks; and 

(B) the program complies with all relevant policies, regulations, and directives of NASA. 

(2) REPORT.—The Administrator shall transmit a report describing the basis 

for the determination required under paragraph (1) to the Committee on 

Science of the House of Representatives and the Committee on Commerce, 

Science, and Transportation of the Senate at least 30 days before entering into 

a contract for development under a major program. 

(3) NONDELEGATION.—The Administrator may not delegate the determination 

requirement under this subsection. 

(b) MAJOR PROGRAM ANNUAL REPORTS.— 

(1) REQUIREMENT.—Not later than February 15 of each year following 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 report on each major program for which NASA proposes to expend funds in the subsequent fiscal year. 

Reports under this section shall be known as Major Program Annual Reports. 

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(2) BASELINE REPORT.—The first Major Program Annual Report for each 

major program shall include a Baseline Report that shall, at a minimum, include— 

(A) the purposes of the program and key technical characteristics necessary to fulfill those purposes; 

(B) an estimate of the life-cycle cost for the program, with a detailed 

breakout of the development cost and an estimate of the annual costs until 

the development is completed; 

(C) the schedule for the development, including key program milestones; 

and 

(D) the name of the person responsible for making notifications under 

subsection (c), who shall be an individual whose primary responsibility is 

overseeing the program. 

(3) INFORMATION UPDATES.—For major programs with respect to which a 

Baseline Report has been previously submitted, each subsequent Major Program Annual Report shall describe any changes to the information that had 

been provided in the Baseline Report, and the reasons for those changes. 

(c) NOTIFICATION.— (1) REQUIREMENT.—The individual identified under subsection (b)(2)(D) shall 

immediately notify the Administrator any time that individual has reasonable 

cause to believe that, for the major program for which he or she is responsible— 

(A) the development cost of the program is likely to exceed the estimate 

provided in the Baseline Report of the program by 15 percent or more; or 

(B) a milestone of the program is likely to be delayed by 6 months or 

more from the date provided for it in the Baseline Report of the program. 

(2) REASONS.—Not later than 7 days after the notification required under 

paragraph (1), the individual identified under subsection (b)(2)(D) shall transmit to the Administrator a written notification explaining the reasons for the 

change in the cost or milestone of the program for which notification was provided under paragraph (1). 

(3) NOTIFICATION OF CONGRESS.—Not later than 5 days after the Administrator receives a written notification under paragraph (2), the Administrator 

shall transmit the notification to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of 

the Senate. 

(d) FIFTEEN PERCENT THRESHOLD.—Not later than 30 days after receiving a written notification under subsection (c)(2), the Administrator shall determine whether 

the development cost of the program is likely to exceed the estimate provided in the 

Baseline Report of the program by 15 percent or more, or whether a milestone is 

likely to be delayed by 6 months or more. If the determination is affirmative, the 

Administrator shall— 

(1) transmit to the Committee on Science of the House of Representatives and 

the Committee on Commerce, Science, and Transportation of the Senate, not 

later than 14 days after making the determination, a report that includes— 

(A) a description of the increase in cost or delay in schedule and a detailed explanation for the increase or delay; 

(B) a description of actions taken or proposed to be taken in response to 

the cost increase or delay; and 

(C) a description of any impacts the cost increase or schedule delay will 

have on any other program within NASA; and 

(2) if the Administrator intends to continue with the program, promptly initiate an analysis of the program, which shall include, at a minimum— 

(A) the projected cost and schedule for completing the program if current 

requirements of the program are not modified; 

(B) the projected cost and the schedule for completing the program after 

instituting the actions described under paragraph (1)(B); and 

(C) a description of, and the projected cost and schedule for, a broad 

range of alternatives to the program. 

NASA shall complete an analysis initiated under paragraph (2) not later than 6 

months after the Administrator makes a determination under this subsection. The 

Administrator shall transmit the analysis to the Committee on Science of the House 

of Representatives and Committee on Commerce, Science, and Transportation of the 

Senate not later than 30 days after its completion. 

(e) THIRTY PERCENT THRESHOLD.—If the Administrator determines under subsection (d) that the development cost of a program will exceed the estimate provided 

in the Baseline Report of the program by more than the lower of 30 percent or 

$1,000,000,000, then, beginning 1 year after the date the Administrator transmits 

a report under subsection (d)(1), the Administrator shall not expend any additional 

funds on the program, other than termination costs, unless the Congress has subseVerDate Aug 04 2004 20:33 Jul 19, 2005 Jkt 022474 PO 00000 Frm 00010 Fmt 6659 Sfmt 6621 E:\HR\OC\HR173.XXX HR173
11 

quently authorized continuation of the program by law. If the program is continued, 

the Administrator shall submit a new Baseline Report for the program no later than 

90 days after the date of enactment of the Act under which Congress has authorized 

continuation of the program. 

(f) DEFINITIONS.—For the purposes of this section— 

(1) the term ‘‘development’’ means the phase of a program following the formulation phase and beginning with the approval to proceed to implementation, 

as defined in NASA’s Procedural Requirements 7120.5c, dated March 22, 2005; 

(2) the term ‘‘development cost’’ means the total of all costs, including construction of facilities and civil servant costs, from the period beginning with the 

approval to proceed to implementation through the achievement of operational 

readiness, without regard to funding source or management control, for the life 

of the program; 

(3) the term ‘‘life-cycle cost’’ means the total of the direct, indirect, recurring, 

and nonrecurring costs, including the construction of facilities and civil servant 

costs, and other related expenses incurred or estimated to be incurred in the 

design, development, verification, production, operation, maintenance, support, 

and retirement of a program over its planned lifespan, without regard to funding source or management control; and 

(4) the term ‘‘major program’’ means an activity approved to proceed to implementation that has an estimated life-cycle cost of more than $100,000,000. 

SEC. 104. PRIZE AUTHORITY. 

The National Aeronautics and Space Act of 1958 (42 U.S.C. 2451, et seq.) is 

amended by inserting after section 313 the following new section: 

‘‘PRIZE AUTHORITY

‘‘SEC. 314. (a) IN GENERAL.—The Administration may carry out a program to competitively award cash prizes to stimulate innovation in basic and applied research, 

technology development, and prototype demonstration that have the potential for 

application to the performance of the space and aeronautical activities of the Administration. The Administration may carry out a program to award prizes only in conformity with this section. 

‘‘(b) TOPICS.—In selecting topics for prize competitions, the Administrator shall 

consult widely both within and outside the Federal Government, and may empanel 

advisory committees. 

‘‘(c) ADVERTISING.—The Administrator shall widely advertise prize competitions to 

encourage participation. 

‘‘(d) REQUIREMENTS AND REGISTRATION.—For each prize competition, the Administrator shall publish a notice in the Federal Register announcing the subject of the 

competition, the rules for being eligible to participate in the competition, the 

amount of the prize, and the basis on which a winner will be selected. 

‘‘(e) ELIGIBILITY.—To be eligible to win a prize under this section, an individual 

or entity— 

‘‘(1) shall have registered to participate in the competition pursuant to any 

rules promulgated by the Administrator under subsection (d); 

‘‘(2) shall have complied with all the requirements under this section; 

‘‘(3) in the case of a private entity, shall be incorporated in and maintain a 

primary place of business in the United States, and in the case of an individual, 

whether participating singly or in a group, shall be a citizen or permanent resident of the United States; and 

‘‘(4) shall not be a Federal entity or Federal employee acting within the scope 

of their employment. 

‘‘(f) LIABILITY.—(1) Registered participants must agree to assume any and all risks 

and waive claims against the United States Government and its related entities, except in the case of willful misconduct, for any injury, death, damage, or loss of property, revenue, or profits, whether direct, indirect, or consequential, arising from 

their participation in a competition, whether such injury, death, damage, or loss 

arises through negligence or otherwise. For the purposes of this subparagraph, the 

term ‘related entity’ means a contractor or subcontractor at any tier, and a supplier, 

user, customer, cooperating party, grantee, investigator, or detailee. 

‘‘(2) Participants must obtain liability insurance or demonstrate financial responsibility in amounts to compensate for the maximum probable loss, as determined by 

the Administrator, from claims by— 

‘‘(A) a third party for death, bodily injury, or property damage, or loss resulting from an activity carried out in connection with participation in a competition, with the Federal Government named as an additional insured under the 

registered participant’s insurance policy and registered participants agreeing to 

12 

indemnify the Federal Government against third party claims for damages arising from or related to competition activities; and 

‘‘(B) the United States Government for damage or loss to Government property resulting from such an activity. 

‘‘(g) JUDGES.—For each competition, the Administration, either directly or through 

a contract under subsection (h), shall assemble a panel of qualified judges from both 

within and outside the Administration to select the winner or winners of the prize 

competition on the basis described pursuant to subsection (d). Judges for each competition shall include individuals from the private sector. A judge may not— 

‘‘(1) have personal or financial interests in, or be employees, officers, directors, 

or agents of, any entity that is a registered participant in a competition; or 

‘‘(2) have a familial or financial relationship with an individual who is a registered participant. 

‘‘(h) ADMINISTERING THE COMPETITION.—The Administrator may enter into an 

agreement with a private, nonprofit entity to administer the prize competition, subject to the provisions of this section. 

‘‘(i) FUNDING.—(1) The Administrator may accept funds from other Federal agencies and from the private sector for cash prizes under this section. Such funds shall 

not increase the amount of a prize after the amount has been announced pursuant 

to subsection (d). The Administrator may not give any special consideration to any 

private sector entity in return for a donation. 

‘‘(2) Funds appropriated for the program under this section shall remain available 

until expended, and may be transferred, reprogrammed, or expended for other purposes only after the expiration of 10 fiscal years after the fiscal year for which the 

funds were originally appropriated. No provision in this section permits obligation 

or payment of funds in violation of the Anti-Deficiency Act (31 U.S.C. 1341). 

‘‘(3) No prize may be announced under subsection (d) until all the funds for that 

prize have been appropriated or obligated for such purpose by a private sector 

source. ‘‘(4) No prize competition under this section may offer a prize in an amount great- er than $10,000,000 unless 30 days have elapsed after written notice has been provided to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. 

‘‘(j) USE OF NASA NAME AND INSIGNIA.—A registered participant in a competition 

under this section may use the Administration’s name, initials, or insignia only after 

prior review and written approval by the Administration. 

‘‘(k) COMPLIANCE WITH EXISTING LAW.—The Federal Government shall not, by virtue of offering or providing a prize under this section, be responsible for compliance 

by registered participants in a prize competition with Federal law, including licensing, export control, and nonproliferation laws, and related regulations.’’. 

SEC. 105. FOREIGN LAUNCH VEHICLES. 

(a) ACCORD WITH SPACE TRANSPORTATION POLICY.—NASA shall not launch a mission on a foreign launch vehicle except in accordance with the Space Transportation 

Policy announced by the President on December 21, 2004. 

(b) INTERAGENCY COORDINATION.—NASA shall not launch a mission on a foreign 

launch vehicle unless NASA commenced the interagency coordination required by 

the Space Transportation Policy announced by the President on December 21, 2004, 

at least 90 days before entering into a development contract for the mission. 

(c) APPLICATION.—This section shall not apply to any mission for which development has begun prior to the date of enactment of this Act, including the James 

Webb Space Telescope. 

SEC. 106. SAFETY MANAGEMENT. 

Section 6 of the National Aeronautics and Space Administration Authorization 

Act, 1968 (42 U.S.C. 2477) is amended— 

(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘There is hereby’’; 

(2) by striking ‘‘plans referred to it’’ and inserting ‘‘plans referred to it, including evaluating the National Aeronautics and Space Administration’s compliance 

with the return-to-flight and continue-to-fly recommendations of the Columbia 

Accident Investigation Board,’’; 

(3) by inserting ‘‘and the Congress’’ after ‘‘advise the Administrator’’; 

(4) by striking ‘‘and with respect to the adequacy of proposed or existing safety standards and shall’’ and inserting ‘‘, with respect to the adequacy of proposed or existing safety standards, and with respect to management and culture. The Panel shall also’’; and 

(5) by adding at the end the following: 

‘‘(b) ANNUAL REPORT.—The Panel shall submit an annual report to the Administrator and to the Congress. In the first annual report submitted after the date of 

enactment of the National Aeronautics and Space Administration Authorization Act 

13 

of 2005, the Panel shall include an evaluation of the Administration’s safety management culture. Each annual report shall include an evaluation of the Administration’s compliance with the recommendations of the Columbia Accident Investigation 

Board.’’. 

SEC. 107. LESSONS LEARNED AND BEST PRACTICES. 

(a) IN GENERAL.—The Administrator shall provide an implementation plan describing NASA’s approach for obtaining, implementing, and sharing lessons learned 

and best practices for its major programs and projects not later than 180 days after 

the date of enactment of this Act. The implementation plan shall be updated and 

maintained to ensure that it is current and consistent with the burgeoning culture 

of learning and safety that is emerging at NASA. 

(b) REQUIRED CONTENT.—The implementation plan shall contain at a minimum 

the lessons learned and best practices requirements for NASA, the organizations or 

positions responsible for enforcement of the requirements, the reporting structure, 

and the objective performance measures indicating the effectiveness of the activity. 

(c) INCENTIVES.—The Administrator shall provide incentives to encourage sharing 

and implementation of lessons learned and best practices by employees, projects, 

and programs, as well as penalties for programs and projects that are determined 

not to have demonstrated use of those resources. 

SEC. 108. COMMERCIALIZATION PLAN. 

(a) IN GENERAL.—The Administrator, in consultation with other relevant agencies, 

shall develop a commercialization plan to support the human missions to the Moon 

and Mars, to support Low-Earth Orbit activities and Earth science missions and applications, and to transfer science research and technology to society. The plan shall 

identify opportunities for the private sector to participate in the future missions and 

activities, including opportunities for partnership between NASA and the private 

sector in conducting research and the development of technologies and services. The 

plan shall include provisions for developing and funding sustained university and 

industry partnerships to conduct commercial research and technology development, 

to proactively translate results of space research to Earth benefits, to advance 

United States economic interests, and to support the vision for exploration. 

(b) REPORT.—Not later than 180 days after the date of enactment of this Act, the 

Administrator shall submit a copy of the plan to the Committee on Science of the 

House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. 

SEC. 109. STUDY ON THE FEASIBILITY OF USE OF GROUND SOURCE HEAT PUMPS. 

(a) IN GENERAL.—The Administrator shall conduct a feasibility study on the use 

of ground source heat pumps in future NASA facilities or substantial renovation of 

existing NASA facilities involving the installation of heating, ventilating, and air 

conditioning systems. 

(b) CONTENTS.—The study shall examine— 

(1) the life-cycle costs, including maintenance costs, of the operation of such 

heat pumps compared to generally available heating, cooling, and water heating 

equipment; 

(2) barriers to installation, such as availability and suitability of terrain; and 

(3) such other issues as the Administrator considers appropriate. 

(c) DEFINITION.—In this section, the term ‘‘ground source heat pump’’ means an 

electric-powered system that uses the Earth’s relatively constant temperature to 

provide heating, cooling, or hot water. 

TITLE II—AUTHORIZATION OF 

APPROPRIATIONS 

SEC. 201. STRUCTURE OF BUDGETARY ACCOUNTS. 

Section 313 of the National Aeronautics and Space Act of 1958 (42 U.S.C. 2459f) 

is amended to read as follows: 

‘‘SEC. 313. BUDGETARY ACCOUNTS. 

‘‘Appropriations for the Administration for fiscal year 2007 and thereafter shall 

be made in four accounts, ‘Science, Aeronautics, and Education’, ‘Exploration Systems’, ‘Space Operations’, and an account for amounts appropriated for the necessary expenses of the Office of the Inspector General. Appropriations shall remain 

available for two fiscal years, unless otherwise specified in law. Each account shall 

include the planned full costs of Administration activities.’’. 

14 

SEC. 202. FISCAL YEAR 2006. 

There are authorized to be appropriated to NASA for fiscal year 2006 

$16,471,050,000, as follows: 

(1) For Science, Aeronautics and Education (including amounts for construction of facilities), $6,870,250,000 of which— 

(A) $962,000,000 shall be for Aeronautics; 

(B) $150,000,000 shall be for a Hubble Space Telescope servicing mission; 

and 

(C) $24,000,000 shall be for the National Space Grant College and Fellowship Program. 

(2) For Exploration Systems (including amounts for construction of facilities), 

$3,181,100,000. 

(3) For Space Operations (including amounts for construction of facilities), 

$6,387,300,000. 

(4) For the Office of Inspector General, $32,400,000. 

SEC. 203. FISCAL YEAR 2007. 

There are authorized to be appropriated to NASA for fiscal year 2007 

$16,962,000,000, as follows: 

(1) For Science, Aeronautics and Education (including amounts for construction of facilities), $7,331,600,000 of which— 

(A) $990,000,000 shall be for Aeronautics; and 

(B) $24,000,000 shall be for the National Space Grant College and Fellowship Program. 

(2) For Exploration Systems (including amounts for construction of facilities), 

$3,589,200,000. 

(3) For Space Operations (including amounts for construction of facilities), 

$6,007,700,000. 

(4) For the Office of Inspector General, $33,500,000. 

SEC. 204. ISS RESEARCH. 

The Administrator shall allocate at least 15 percent of the funds budgeted for ISS 

research to research that is not directly related to supporting the human exploration 

program. 

SEC. 205. TEST FACILITIES. 

(a) CHARGES.—The Administrator shall establish a policy of charging users of 

NASA’s test facilities for the costs associated with their tests at a level that is competitive with alternative test facilities. As a general principle, NASA shall not seek 

to recover the full costs of the operation of those facilities from the users. The Administrator shall not implement a policy of seeking full cost recovery for a facility 

until at least 30 days after transmitting a notice to the Committee on Science of 

the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. 

(b) FUNDING ACCOUNT.—The Administrator shall establish a funding account that 

shall be used for all test facilities. The account shall be sufficient to maintain the 

viability of test facilities during periods of low utilization. 

SEC. 206. PROPORTIONALITY. 

If the total amount appropriated for NASA pursuant to section 202 or 203 is less 

than the amount authorized under such section, the amounts authorized under each 

of the accounts specified in such section shall be reduced proportionately. 

SEC. 207. LIMITATIONS ON AUTHORITY. 

Notwithstanding any other provision of this Act, no amount appropriated pursuant to this Act may be used for any program in excess of the amount actually authorized for the particular program by section 202 or 203, unless a period of 30 days 

has passed after the receipt, by each such Committee, of notice given by the Administrator containing a full and complete statement of the action proposed to be taken 

and the facts and circumstances relied upon in support of such a proposed action. 

NASA shall keep the Committee on Science of the House of Representatives and the 

Committee on Commerce, Science, and Transportation of the Senate fully and currently informed with respect to all activities and responsibilities within the jurisdiction of those Committees. 

SEC. 208. NOTICE OF REPROGRAMMING. 

If any funds authorized by this Act are subject to a reprogramming action that 

requires notice to be provided to the Appropriations Committees of the House of 

Representatives and the Senate, notice of such action shall concurrently be provided 

to the Committee on Science of the House of Representatives and the Committee 

on Commerce, Science, and Transportation of the Senate. 

15 

SEC. 209. COST OVERRUNS. 

When reprogramming funds to cover unexpected cost growth within a program, 

the Administrator shall, to the maximum extent practicable, protect funds intended 

for fundamental and applied Research and Analysis. 

SEC. 210. OFFICIAL REPRESENTATIONAL FUND. 

Amounts appropriated pursuant to this Act may be used, but not to exceed a total 

of $35,000 in any fiscal year, for official reception and representation expenses. 

SEC. 211. INTERNATIONAL SPACE STATION COST CAP. 

Section 202 of the National Aeronautics and Space Administration Authorization 

Act of 2000 (42 U.S.C. 2451 note) is repealed. 

TITLE III—SCIENCE 

Subtitle A—General Provisions 

SEC. 301. PERFORMANCE ASSESSMENTS. 

(a) IN GENERAL.—Performance of each discipline in the Science account of NASA 

shall be reviewed and assessed by the National Academy of Sciences at 5-year intervals. 

(b) TIMING.—Beginning with the first fiscal year following the date of enactment 

of this Act, the Administrator shall select at least one discipline for review under 

this section. The Administrator shall select disciplines so that all disciplines will 

have received their first review within six fiscal years of the date of enactment of 

this Act. 

(c) REPORTS.—Each year, beginning with the first fiscal year after the date of enactment of this Act, the Administrator shall transmit a report to the Committee on 

Science of the House of Representatives and the Committee on Commerce, Science, 

and Transportation of the Senate— 

(1) setting forth in detail the results of any external review under subsection 

(a); 

(2) setting forth in detail actions taken by NASA in response to any external 

review; and 

(3) including a summary of findings and recommendations from any other relevant external reviews of NASA’s science mission priorities and programs. 

SEC. 302. STATUS REPORT ON HUBBLE SPACE TELESCOPE SERVICING MISSION. 

It is the sense of the Congress that the Hubble Space Telescope is an extraordinary instrument that has provided, and should continue to provide, answers to 

profound scientific questions. In accordance with the recommendations of the National Academy of Sciences, all appropriate efforts should be expended to complete 

the Space Shuttle servicing mission. Upon successful completion of the planned return-to-flight schedule of the Space Shuttle, the schedule for a Space Shuttle servicing mission to the Hubble Space Telescope shall be determined, unless such a mission would compromise astronaut safety. Not later than 60 days after the landing 

of the second Space Shuttle mission for return-to-flight certification, 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 status report on plans for a Hubble Space Telescope servicing mission. 

SEC. 303. INDEPENDENT ASSESSMENT OF LANDSAT-NPOESS INTEGRATED MISSION. 

(a) ASSESSMENT.—In view of the importance of ensuring continuity of Landsat 

data and in view of the challenges facing the National Polar-Orbiting Environmental Satellite System program, the Administrator shall seek an independent assessment of the costs as well as the technical, cost, and schedule risks associated 

with incorporating the Landsat instrument on the first National Polar-Orbiting Environmental Satellite System spacecraft versus undertaking a dedicated Landsat 

data ‘‘gap-filler’’ mission followed by the incorporation of the Landsat instrument on 

the second National Polar-Orbiting Environmental Satellite System spacecraft. The 

assessment shall also include an evaluation of the budgetary requirements of each 

of the options under consideration. 

(b) REPORT.—The Administrator shall transmit the independent assessment to the 

Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not later than 180 days after the 

date of enactment of this Act. 

16 

SEC. 304. ASSESSMENT OF SCIENCE MISSION EXTENSIONS. 

(a) ASSESSMENT.—The Administrator shall carry out annual termination reviews 

within each of the Science disciplines to assess the cost and benefits of extending 

the date of the termination of data collection for those missions which are beyond 

their primary goals. In addition: 

(1) Not later than 60 days after the date of enactment of this Act, the Administrator shall carry out such an assessment for the following missions: FAST, 

TIMED, Cluster, Wind, Geotail, Polar, TRACE, Ulysses, and Voyager. 

(2) For those missions that have an operational component, the National Oceanic and Atmospheric Administration shall be consulted and the potential benefits of instruments on missions which are beyond their primary goals taken into 

account. 

(b) REPORT.—Not later than 30 days after completing the assessments required 

by subsection (a)(1), the Administrator shall transmit a report on the assessment 

to the Committee on Science of the House of Representatives and the Committee 

on Commerce, Science, and Transportation of the Senate. 

SEC. 305. MICROGRAVITY RESEARCH. 

(a) IN GENERAL.—The Administrator shall— 

(1) not later than 60 days after the date of enactment of this Act, provide to 

the Committee on Science of the House of Representatives and the Committee 

on Commerce, Science, and Transportation of the Senate an assessment of 

microgravity research planned for implementation aboard the ISS that includes 

the identification of research which can be performed in ground-based facilities 

and then validated in space; 

(2) ensure the capacity to support ground-based research leading to spacebased basic and applied scientific research in a variety of disciplines with potential direct national benefits and applications that can advance significantly from 

the uniqueness of microgravity and the space environment; and 

(3) carry out, to the maximum extent practicable basic, applied, and commercial ISS research activities such as molecular crystal growth, animal research, 

basic fluid physics, combustion research, cellular biotechnology, low temperature physics, and cellular research at a level which will sustain the existing scientific expertise and research capabilities. 

(b) ON-ORBIT CAPABILITIES.—The Administrator shall ensure that the on-orbit analytical capabilities of the ISS are sufficient to support any diagnostic human research and on-orbit characterization of molecular crystal growth, cellular research, 

and other research that NASA believes is necessary to conduct, but for which NASA 

lacks the capacity to return the materials that need to be analyzed to Earth. 

(c) ASSESSMENT OF POTENTIAL SCIENTIFIC USES.—The Administrator shall assess 

further potential scientific uses of the ISS for other applications, such as technology 

development, development of manufacturing processes, Earth observation and characterization, and astronomical observations. 

SEC. 306. COORDINATION WITH THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. 

(a) JOINT WORKING GROUP.—The Administrator and the Administrator of the National Oceanic and Atmospheric Administration shall appoint a Joint Working 

Group, which shall review and monitor missions of the two agencies to ensure maximum coordination in the design, operation, and transition of missions. The Joint 

Working Group shall also prepare the transition plans required by subsection (c). 

(b) COORDINATION REPORT.—Not later than February 15 of each year, the Under 

Secretary of Commerce for Oceans and Atmosphere and the Administrator shall 

jointly transmit a report to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate 

on how the earth science programs of the National Oceanic and Atmospheric Administration and NASA will be coordinated during the fiscal year following the fiscal 

year in which the report is transmitted. 

(c) COORDINATION OF TRANSITION PLANNING AND REPORTING.—The Administrator, 

in conjunction with the Administrator of the National Oceanic and Atmospheric Administration, shall evaluate all NASA missions for their potential operational capabilities and shall prepare transition plans for all existing and future Earth observing systems found to have potential operational capabilities and all National Oceanic and Atmospheric Administration operational space-based systems. 

(d) LIMITATION.—The Administrator shall not transfer any NASA earth science 

mission or Earth observing system to the National Oceanic and Atmospheric Administration until the transition plan required under subsection (c) has been approved 

by the Administrator and the Administrator of the National Oceanic and Atmospheric Administration and until financial resources have been identified to support 

17 

the transition or transfer in the President’s budget request for the National Oceanic 

and Atmospheric Administration. 

Subtitle B—Remote Sensing 

SEC. 311. DEFINITIONS. 

In this subtitle— 

(1) 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; 

(2) the term ‘‘high resolution’’ means resolution better than five meters; and 

(3) the term ‘‘institution of higher education’’ has the meaning given that 

term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). 

SEC. 312. 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. 313. 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 312. 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 312. 

(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 312 in exploring and promoting the integrated use 

of sources of remote sensing and other geospatial information to address State, local, 

18 

regional, and tribal agency needs. Such evaluation shall have been conducted by an 

independent entity. 

SEC. 314. DATA AVAILABILITY. 

The Administrator shall ensure that the results of each of the pilot projects completed under section 312 shall be retrievable through an electronic, Internet-accessible database. 

SEC. 315. 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. 

Subtitle C—George E. Brown, Jr. Near-Earth 

Object Survey 

SEC. 321. GEORGE E. BROWN, JR. NEAR-EARTH OBJECT SURVEY. 

(a) SHORT TITLE.—This section may be cited as the ‘‘George E. Brown, Jr. NearEarth Object Survey Act’’. 

(b) FINDINGS.—The Congress makes the following findings: 

(1) Near-Earth objects pose a serious and credible threat to humankind, as 

many scientists believe that a major asteroid or comet was responsible for the 

mass extinction of the majority of the Earth’s species, including the dinosaurs, 

nearly 65,000,000 years ago. 

(2) Similar objects have struck the Earth or passed through the Earth’s atmosphere several times in the Earth’s history and pose a similar threat in the 

future. 

(3) Several such near-Earth objects have only been discovered within days of 

the objects’ closest approach to Earth, and recent discoveries of such large objects indicate that many large near-Earth objects remain undiscovered. 

(4) The efforts taken to date by NASA for detecting and characterizing the 

hazards of near-Earth objects are not sufficient to fully determine the threat 

posed by such objects to cause widespread destruction and loss of life. 

(c) DEFINITIONS.—For purposes of this section the term ‘‘near-Earth object’’ means 

an asteroid or comet with a perihelion distance of less that 1.3 Astronomical Units 

from the Sun. 

(d) NEAR-EARTH OBJECT SURVEY.— 

(1) SURVEY PROGRAM.—The Administrator shall plan, develop, and implement 

a Near-Earth Object Survey program to detect, track, catalogue, and characterize the physical characteristics of near-Earth objects equal to or greater than 

100 meters in diameter in order to assess the threat of such near-Earth objects 

to the Earth. It shall be the goal of the Survey program to achieve 90 percent 

completion of its near-Earth object catalogue (based on statistically predicted 

populations of near-Earth objects) within 15 years after the date of enactment 

of this Act. 

(2) AMENDMENTS.—Section 102 of the National Aeronautics and Space Act of 

1958 (42 U.S.C. 2451) is amended— 

(A) by redesignating subsection (g) as subsection (h); 

(B) by inserting after subsection (f) the following new subsection: 

‘‘(g) The Congress declares that the general welfare and security of the United 

States require that the unique competence of the National Aeronautics and Space 

Administration be directed to detecting, tracking, cataloguing, and characterizing 

near-Earth asteroids and comets in order to provide warning and mitigation of the 

potential hazard of such near-Earth objects to the Earth.’’; and 

(C) in subsection (h), as so redesignated by subparagraph (A) of this paragraph, by striking ‘‘and (f)’’ and inserting ‘‘(f), and (g)’’. 

(3) ANNUAL REPORT.—The Administrator shall transmit to the Congress, not 

later than February 28 of each of the next 5 years beginning after the date of 

enactment of this Act, a report that provides the following: 

(A) A summary of all activities taken pursuant to paragraph (1) for the 

previous fiscal year. 

(B) A summary of expenditures for all activities pursuant to paragraph 

(1) for the previous fiscal year. 

(4) INITIAL REPORT.—The Administrator shall transmit to Congress not later 

than 1 year after the date of enactment of this Act an initial report that provides the following: 

19 

(A) An analysis of possible alternatives that NASA may employ to carry 

out the Survey program, including ground-based and space-based alternatives with technical descriptions. 

(B) A recommended option and proposed budget to carry out the Survey 

program pursuant to the recommended option. 

(C) An analysis of possible alternatives that NASA could employ to divert 

an object on a likely collision course with Earth. 

TITLE IV—AERONAUTICS 

SEC. 401. DEFINITION. 

For purposes of this title, the term ‘‘institution of higher education’’ has the meaning given that term by section 101 of the Higher Education Act of 1965 (20 U.S.C. 

1001). 

Subtitle A—National Policy for Aeronautics 

Research and Development 

SEC. 411. POLICY. 

It shall be the policy of the United States to reaffirm the National Aeronautics 

and Space Act of 1958 and its identification of aeronautical research and development as a core mission of NASA. Further, it shall be the policy of the United States 

to promote aeronautical research and development that will expand the capacity, ensure the safety, and increase the efficiency of the Nation’s air transportation system, 

promote the security of the Nation, protect the environment, and retain the leadership of the United States in global aviation. 

Subtitle B—NASA Aeronautics Breakthrough 

Research Initiatives 

SEC. 421. ENVIRONMENTAL AIRCRAFT RESEARCH AND DEVELOPMENT INITIATIVE. 

(a) OBJECTIVE.—The Administrator may establish an initiative with the objective 

of developing, and demonstrating in a relevant environment, within 10 years after 

the date of enactment of this Act, technologies to enable the following commercial 

aircraft performance characteristics: 

(1) NOISE.—Noise levels on takeoff and on airport approach and landing that 

do not exceed ambient noise levels in the absence of flight operations in the vicinity of airports from which such commercial aircraft would normally operate. 

(2) ENERGY CONSUMPTION.—Twenty-five percent reduction in the energy required for medium to long range flights, compared to aircraft in commercial 

service as of the date of enactment of this Act. This reduction may be achieved 

by a combination of improvements to— 

(A) specific fuel consumption; 

(B) lift-to-drag ratio; and 

(C) structural weight fraction. 

(3) EMISSIONS.—Nitrogen oxides on take-off and landing that are reduced by 

50 percent relative to aircraft in commercial service as of the date of enactment 

of this Act. 

(b) STUDY.— 

(1) REQUIREMENT.—The Administrator shall enter into an arrangement for 

the National Research Council to conduct a study to identify and quantify new 

markets that would be created, as well as existing markets that would be expanded, by the incorporation of the technologies developed pursuant to this section into future commercial aircraft. The study shall identify whether any of the 

performance characteristics specified in subsection (a) would need to be made 

more stringent in order to create new markets or expand existing markets. The 

National Research Council shall seek input from at least the aircraft manufacturing industry, academia, and the airlines in carrying out the study. 

(2) REPORT.—A report containing the results of the study conducted under 

paragraph (1) shall be provided to Congress not later than 18 months after the 

date of enactment of this Act. 

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SEC. 422. CIVIL SUPERSONIC TRANSPORT RESEARCH AND DEVELOPMENT INITIATIVE. 

The Administrator may establish an initiative with the objective of developing, 

and demonstrating in a relevant environment, within 20 years after the date of enactment of this Act, technologies to enable overland flight of supersonic civil transport aircraft with at least the following performance characteristics: 

(1) Mach number of at least 1.4. 

(2) Range of at least 4,000 nautical miles. 

(3) Payload of at least 24 passengers. 

(4) Noise levels on takeoff and on airport approach and landing that meet 

community noise standards in place at airports from which such commercial supersonic aircraft would normally operate at the time the aircraft would enter 

commercial service. 

(5) Shaped sonic boom signatures sufficiently low to permit overland flight 

over populated areas. 

(6) Nitrogen oxide, carbon dioxide, and water vapor emissions consistent with 

regulations likely to be in effect at the time of this aircraft’s introduction. 

SEC. 423. ROTORCRAFT AND OTHER RUNWAY-INDEPENDENT AIR VEHICLES RESEARCH AND 

DEVELOPMENT INITIATIVE. 

The Administrator may establish a rotorcraft and other runway-independent air 

vehicles initiative with the objective of developing and demonstrating in a relevant 

environment, within 10 years after the date of enactment of this Act, technologies 

to enable significantly safer, quieter, and more environmentally compatible operation from a wider range of airports under a wider range of weather conditions than 

is the case for rotorcraft and other runway-independent air vehicles in service as 

of the date of enactment of this Act. 

Subtitle C—Other NASA Aeronautics Research 

and Development Activities 

SEC. 431. FUNDAMENTAL RESEARCH AND TECHNOLOGY BASE PROGRAM. 

(a) OBJECTIVE.—In order to ensure that the Nation maintains needed capabilities 

in fundamental areas of aeronautical research, the Administrator shall establish a 

program of long-term fundamental research in aeronautical sciences and technologies that is not tied to specific development projects. 

(b) ASSESSMENT.—The Administrator shall enter into an arrangement with the 

National Research Council for an assessment of the Nation’s future requirements 

for fundamental aeronautics research and whether the Nation will have a skilled 

research workforce and research facilities commensurate with those requirements. 

The assessment shall include an identification of any projected gaps, and recommendations for what steps should be taken by the Federal Government to eliminate those gaps. 

(c) REPORT.—The Administrator shall transmit the assessment, along with 

NASA’s response to the assessment, to Congress not later than 2 years after the 

date of enactment of this Act. 

SEC. 432. AIRSPACE SYSTEMS RESEARCH. 

(a) OBJECTIVE.—The Airspace Systems Research program shall pursue research 

and development to enable revolutionary improvements to and modernization of the 

National Airspace System, as well as to enable the introduction of new systems for 

vehicles that can take advantage of an improved, modern air transportation system. 

(b) ALIGNMENT.—Not later than 2 years after the date of enactment of this Act, 

the Administrator shall align the projects of the Airspace Systems Research program so that they directly support the objectives of the Joint Planning and Development Office’s Next Generation Air Transportation System Integrated Plan. 

SEC. 433. AVIATION SAFETY AND SECURITY RESEARCH. 

(a) OBJECTIVE.—The Aviation Safety and Security Research program shall pursue 

research and development activities that directly address the safety and security 

needs of the National Airspace System and the aircraft that fly in it. The program 

shall develop prevention, intervention, and mitigation technologies aimed at causal, 

contributory, or circumstantial factors of aviation accidents. 

(b) PLAN.—Not later than 1 year after the date of enactment of this Act, the Administrator shall transmit to Congress a 5-year prioritized plan for the research to 

be conducted within the Aviation Safety and Security Research program. The plan 

shall be aligned with the objectives of the Joint Planning and Development Office’s 

Next Generation Air Transportation System Integrated Plan. 

21 

SEC. 434. ZERO-EMISSIONS AIRCRAFT RESEARCH. 

(a) OBJECTIVE.—The Administrator may establish a zero-emissions aircraft research program whose objective shall be to develop and test concepts to enable a 

hydrogen fuel cell-powered aircraft that would have no hydrocarbon or nitrogen 

oxide emissions into the environment. 

(b) APPROACH.—The Administrator may establish a program of competitively 

awarded grants available to teams of researchers that may include the participation 

of individuals from universities, industry, and government for the conduct of this 

research. 

SEC. 435. MARS AIRCRAFT RESEARCH. 

(a) OBJECTIVE.—The Administrator may establish a Mars Aircraft project whose 

objective shall be to develop and test concepts for an uncrewed aircraft that could 

operate for sustained periods in the atmosphere of Mars. 

(b) APPROACH.—The Administrator may establish a program of competitively 

awarded grants available to teams of researchers that may include the participation 

of individuals from universities, industry, and government for the conduct of this 

research. 

SEC. 436. HYPERSONICS RESEARCH. 

The Administrator may establish a hypersonics research program whose objective 

shall be to explore the science and technology of hypersonic flight using air-breathing propulsion concepts, through a mix of theoretical work, basic and applied research, and development of flight research demonstration vehicles. 

SEC. 437. NASA AERONAUTICS SCHOLARSHIPS. 

(a) ESTABLISHMENT.—The Administrator shall establish a program of scholarships 

for full-time graduate students who are United States citizens and are enrolled in, 

or have been accepted by and have indicated their intention to enroll in, accredited 

Masters degree programs in aeronautical engineering at institutions of higher education. Each such scholarship shall cover the costs of room, board, tuition, and fees, 

and may be provided for a maximum of 2 years. 

(b) IMPLEMENTATION.—Not later than 180 days after the date of enactment of this 

Act, the Administrator shall publish regulations governing the scholarship program 

under this section. 

(c) COOPERATIVE TRAINING OPPORTUNITIES.—Students who have been awarded a 

scholarship under this section shall have the opportunity for paid employment at 

one of the NASA Centers engaged in aeronautics research and development during 

the summer prior to the first year of the student’s Masters program, and between 

the first and second year, if applicable. 

SEC. 438. AVIATION WEATHER RESEARCH. 

The Administrator may carry out a program of collaborative research with the 

National Oceanic and Atmospheric Administration on convective weather events, 

with the goal of significantly improving the reliability of 2-hour to 6-hour aviation 

weather forecasts. 

SEC. 439. ASSESSMENT OF WAKE TURBULENCE RESEARCH AND DEVELOPMENT PROGRAM. 

(a) ASSESSMENT.—The Administrator shall enter into an arrangement with the 

National Research Council for an assessment of Federal wake turbulence research 

and development programs. The assessment shall address at least the following 

questions: 

(1) Are the Federal research and development goals and objectives well defined? 

(2) Are there any deficiencies in the Federal research and development goals 

and objectives? 

(3) What roles should be played by each of the relevant Federal agencies, such 

as NASA, the Federal Aviation Administration, and the National Oceanic and 

Atmospheric Administration, in wake turbulence research and development? 

(b) REPORT.—A report containing the results of the assessment conducted pursuant to subsection (a) shall be provided to Congress not later than 1 year after the 

date of enactment of this Act. 

SEC. 440. UNIVERSITY-BASED CENTERS FOR RESEARCH ON AVIATION TRAINING. 

(a) IN GENERAL.—The Administrator may award grants to institutions of higher 

education (or consortia thereof) to establish one or more Centers for Research on 

Aviation Training under cooperative agreements with appropriate NASA Centers. 

(b) PURPOSE.—The purpose of the Centers shall be to investigate the impact of 

new technologies and procedures, particularly those related to the aircraft flight 

deck and to the air traffic management functions, on training requirements for pilots and air traffic controllers. 

22 

(c) APPLICATION.—An institution of higher education (or a consortium of such institutions) seeking funding under this section shall submit an application to the Administrator at such time, in such manner, and containing such information as the 

Administrator may require, including, at a minimum, a 5-year research plan. 

(d) AWARD DURATION.—An award made by the Administrator under this section 

shall be for a period of 5 years and may be renewed on the basis of— 

(1) satisfactory performance in meeting the goals of the research plan proposed by the Center in its application under subsection (c); and 

(2) other requirements as specified by the Administrator. 

TITLE V—HUMAN SPACE FLIGHT 

SEC. 501. INTERNATIONAL SPACE STATION COMPLETION. 

(a) ELEMENTS, CAPABILITIES, AND CONFIGURATION CRITERIA.—The Administrator 

shall ensure that the ISS will be able to— 

(1) be used for a diverse range of microgravity research, including fundamental, applied, and commercial research; 

(2) have an ability to support crew size of at least 6 persons; 

(3) support Crew Exploration Vehicle docking and automated docking of cargo 

vehicles or modules launched by either heavy-lift or commercially-developed 

launch vehicles; and 

(4) be operated at an appropriate risk level. 

(b) CONTINGENCY PLAN.—The transportation plan to support ISS shall include 

contingency options to ensure sufficient logistics and on-orbit capabilities to support 

any potential period during which the Space Shuttle or its follow-on crew and cargo 

systems is unavailable, and provide sufficient prepositioning of spares and other 

supplies needed to accommodate any such hiatus. 

(c) CERTIFICATION.—Not later than 60 days after the date of enactment of this 

Act, and before making any change in the ISS assembly sequence in effect on the 

date of enactment of this Act, the Administrator shall certify in writing to the Committee on Science of the House of Representatives and the Committee on Commerce, 

Science, and Transportation of the Senate NASA’s plan to meet the requirements 

of subsections (a) and (b). 

SEC. 502. HUMAN EXPLORATION PRIORITIES. 

(a) IN GENERAL.—The Administrator shall— 

(1) construct an architecture and implementation plan for NASA’s human exploration program that is not critically dependent on the achievement of milestones by fixed dates; and 

(2) determine the relative priority of each of the potential elements of NASA’s 

implementation plan for its human exploration program in case funding shortfalls or cost growth necessitate the adjustment of NASA’s implementation plan. 

(b) PRIORITIES.—Development of a Crew Exploration Vehicle with a robust crew 

escape system, development of a launch system for the Crew Exploration Vehicle, 

and definition of an overall architecture and prioritized implementation plan shall 

be the highest priorities of the human exploration program over the period governed 

by this Act. 

SEC. 503. GAO ASSESSMENT. 

Not later than 9 months after the date of enactment of this Act, the Comptroller 

General shall transmit to the Committee on Science of the House of Representatives 

and the Committee on Commerce, Science, and Transportation of the Senate an assessment of the milestones and estimated costs of the plans submitted under section 

102(a)(7). 

TITLE VI—OTHER PROGRAM AREAS 

Subtitle A—Space and Flight Support 

SEC. 601. ORBITAL DEBRIS. 

The Administrator, in conjunction with the heads of other Federal agencies, shall 

take steps to develop or acquire technologies that will enable NASA to decrease the 

risks associated with orbital debris. 

23 

SEC. 602. SECONDARY PAYLOAD CAPABILITY. 

The Administrator is encouraged to provide the capabilities to support secondary 

payloads on United States launch vehicles, including freeflyers, for satellites or scientific payloads. 

Subtitle B—Education 

SEC. 611. INSTITUTIONS IN NASA’S MINORITY INSTITUTIONS PROGRAM. 

The matter appearing under the heading ‘‘national aeronautics and space administration—SMALL

AND DISADVANTAGED BUSINESS’’ in title III of the Departments of Veterans Affairs 

and Housing and Urban Development, and Independent Agencies Appropriations 

Act, 1990 (42 U.S.C. 2473b; 103 Stat. 863) is amended by striking ‘‘Historically 

Black Colleges and Universities and’’ and inserting ‘‘Historically Black Colleges and 

Universities that are part B institutions (as defined in section 322(2) of the Higher 

Education Act of 1965 (20 U.S.C. 1061(2))), Hispanic-serving institutions (as defined 

in section 502(a)(5) of that Act (20 U.S.C. 1101a(a)(5))), Tribal Colleges or Universities (as defined in section 316(b)(3) of that Act (20 U.S.C. 1059c(b)(3))), Alaskan 

Native-serving institutions (as defined in section 317(b)(2) of that Act (20 U.S.C. 

1059d)(b)(2))), Native Hawaiian-serving institutions (as defined in section 317(b)(4) 

of that Act (20 U.S.C. 1059d(b)(4))), and’’. 

SEC. 612. PROGRAM TO EXPAND DISTANCE LEARNING IN RURAL UNDERSERVED AREAS. 

(a) IN GENERAL.—The Administrator shall develop or expand programs to extend 

science and space educational outreach to rural communities and schools through 

video conferencing, interpretive exhibits, teacher education, classroom presentations, 

and student field trips. 

(b) PRIORITIES.—In carrying out subsection (a), the Administrator shall give priority to existing programs— 

(1) that utilize community-based partnerships in the field; 

(2) that build and maintain video conference and exhibit capacity; 

(3) that travel directly to rural communities and serve low-income populations; and 

(4) with a special emphasis on increasing the number of women and minorities in the science and engineering professions. 

SEC. 613. CHARLES ‘‘PETE’’ CONRAD ASTRONOMY AWARDS. 

(a) SHORT TITLE.—This section may be cited as the ‘‘Charles ‘Pete’ Conrad Astronomy Awards Act’’. 

(b) DEFINITIONS.—For the purposes of this section— 

(1) the term ‘‘amateur astronomer’’ means an individual whose employer does 

not provide any funding, payment, or compensation to the individual for the observation of asteroids and other celestial bodies, and does not include any individual employed as a professional astronomer; 

(2) the term ‘‘Minor Planet Center’’ means the Minor Planet Center of the 

Smithsonian Astrophysical Observatory; 

(3) the term ‘‘near-Earth asteroid’’ means an asteroid with a perihelion distance of less than 1.3 Astronomical Units from the Sun; and 

(4) the term ‘‘Program’’ means the Charles ‘‘Pete’’ Conrad Astronomy Awards 

Program established under subsection (c). 

(c) PETE CONRAD ASTRONOMY AWARD PROGRAM.— 

(1) IN GENERAL.—The Administrator shall establish the Charles ‘‘Pete’’ 

Conrad Astronomy Awards Program. 

(2) AWARDS.—The Administrator shall make awards under the Program based 

on the recommendations of the Minor Planet Center. 

(3) AWARD CATEGORIES.—The Administrator shall make one annual award, 

unless there are no eligible discoveries or contributions, for each of the following 

categories: 

(A) The amateur astronomer or group of amateur astronomers who in the 

preceding calendar year discovered the intrinsically brightest near-Earth 

asteroid among the near-Earth asteroids that were discovered during that 

year by amateur astronomers or groups of amateur astronomers. 

(B) The amateur astronomer or group of amateur astronomers who made 

the greatest contribution to the Minor Planet Center’s mission of cataloguing near-Earth asteroids during the preceding year. 

(4) AWARD AMOUNT.—An award under the Program shall be in the amount 

of $3,000. 

24 

(5) GUIDELINES.—(A) No individual who is not a citizen or permanent resident 

of the United States at the time of his discovery or contribution may receive 

an award under this section. 

(B) The decisions of the Administrator in making awards under this section 

are final. 

SEC. 614. REVIEW OF EDUCATION PROGRAMS. 

(a) IN GENERAL.—The Administrator shall enter into an arrangement with the 

National Research Council of the National Academy of Sciences to conduct a review 

and evaluation of NASA’s science, technology, engineering, and mathematics education program. The review and evaluation shall be documented in a report to the 

Administrator and shall include such recommendations as the National Research 

Council determines will improve the effectiveness of the program. 

(b) REVIEW.—The review and evaluation under subsection (a) shall include— 

(1) an evaluation of the effectiveness of the overall program in meeting its defined goals and objectives; 

(2) an assessment of the quality and educational effectiveness of the major 

components of the program, including an evaluation of the adequacy of assessment metrics and data collection requirements available for determining the effectiveness of individual projects; 

(3) an evaluation of the funding priorities in the program, including a review 

of the funding level and funding trend for each major component of the program 

and an assessment of whether the resources made available are consistent with 

meeting identified goals and priorities; and 

(4) a determination of the extent and the effectiveness of coordination and collaboration between NASA and other Federal agencies that sponsor science, 

technology, engineering, and mathematics education activities. 

(c) REPORT TO CONGRESS.—Not later than 18 months 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 the report required under subsection (a). 

SEC. 615. EQUAL ACCESS TO NASA’S EDUCATION PROGRAMS. 

The Administrator shall strive to ensure equal access for minority and economically disadvantaged students to NASA’s Education programs. Not later than 1 year 

after the date of enactment of this Act, and every 2 years thereafter, the Administrator shall submit a report to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate 

describing the efforts by the Administrator to ensure equal access for minority and 

economically disadvantaged students under this section, and the results of such efforts. 

TITLE VII—MISCELLANEOUS AMENDMENTS 

SEC. 701. RETROCESSION OF JURISDICTION. 

The National Aeronautics and Space Act of 1958 (42 U.S.C. 2451 et seq.) is 

amended by adding at the end of title III the following new section: 

‘‘RETROCESSION OF JURISDICTION

‘‘SEC. 316. (a) Notwithstanding any other provision of law, the Administrator may 

relinquish to a State all or part of the legislative jurisdiction of the United States 

over lands or interests under the control of the Administrator in that State. 

‘‘(b) For purposes of this section, the term ‘State’ means any of the several States, 

the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and any other 

commonwealth, territory, or possession of the United States.’’. 

SEC. 702. EXTENSION OF INDEMNIFICATION. 

Section 309 of the National Aeronautics and Space Act of 1958 (42 U.S.C. 458c) 

is amended in subsection (f)(1) by striking ‘‘December 31, 2002’’ through ‘‘September 

30, 2005’’ and inserting, ‘‘December 31, 2010, except that the Administrator may extend the termination date to a date not later than September 30, 2015, if the Administrator has entered into an arrangement with the National Academy of Public 

Administration to determine the impact on private parties and the Federal Government of eliminating this section’’. 

SEC. 703. NASA SCHOLARSHIPS. 

(a) AMENDMENTS.—Section 9809 of title 5, United States Code, is amended— 

25 

(1) in subsection (a)(2) by striking ‘‘Act.’’ and inserting ‘‘Act (42 U.S.C. 1885a 

or 1885b).’’; 

(2) in subsection (c) by striking ‘‘require.’’ and inserting ‘‘require to carry out 

this section.’’; 

(3) in subsection (f)(1) by striking the last sentence; and 

(4) in subsection (g)(2) by striking ‘‘Treasurer of the’’ and all that follows 

through ‘‘by 3’’ and inserting ‘‘Treasurer of the United States’’. 

(b) REPEAL.—The Vision 100—Century of Aviation Reauthorization Act is amended by striking section 703 (42 U.S.C. 2473e). 

SEC. 704. INDEPENDENT COST ANALYSIS. 

Section 301 of the National Aeronautics and Space Administration Authorization 

Act of 2000 (42 U.S.C. 2459g) is amended— 

(1) by striking ‘‘Phase B’’ in subsection (a) and inserting ‘‘implementation’’; 

(2) by striking ‘‘$150,000,000’’ in subsection (a) and inserting ‘‘$250,000,000’’; 

(3) by striking ‘‘Chief Financial Officer’’ each place it appears in subsection 

(a) and inserting ‘‘Administrator’’; 

(4) by inserting ‘‘and consider’’ in subsection (a) after ‘‘shall conduct’’; and 

(5) by striking subsection (b) and inserting the following: 

‘‘(b) IMPLEMENTATION DEFINED.—In this section, the term ‘implementation’ means 

all activity in the life cycle of a project after preliminary design, independent assessment of the preliminary design, and approval to proceed into implementation, including critical design, development, certification, launch, operations, disposal of assets, and, for technology programs, development, testing, analysis and communication of the results.’’. 

SEC. 705. LIMITATIONS ON OFF-SHORE PERFORMANCE OF CONTRACTS FOR THE PROCUREMENT OF GOODS AND SERVICES. 

(a) CONVERSIONS TO CONTRACTOR PERFORMANCE OF ADMINISTRATION ACTIVITIES.—Except as provided in subsection (c), an activity or function of the Administration that is converted to contractor performance under Office of Management and 

Budget Circular A–76 may not be performed by the contractor or any subcontractor 

at a location outside the United States. 

(b) CONTRACTS FOR THE PROCUREMENT OF SERVICES.—(1) Except as provided in 

subsection (c), a contract for the procurement of goods or services that is entered 

into by the Administrator may not be performed outside the United States unless 

it is to meet a requirement of the Administration for goods or services specifically 

at a location outside the United States. 

(2) The President may waive the prohibition in paragraph (1) in the case of any 

contract for which the President determines in writing that it is necessary in the 

national security interests of the United States for goods or services under the contract to be performed outside the United States. 

(3) The Administrator may waive the prohibition in paragraph (1) in the case of 

any contract for which the Administrator determines in writing that essential goods 

or services under the contract are only available from a source outside the United 

States. 

(c) EXCEPTION.—Subsections (a) and (b)(1) shall not apply to the extent that the 

activity or function under the contract was previously performed by Federal Government employees outside the United States. 

(d) CONSISTENCY WITH INTERNATIONAL AGREEMENTS.—The provisions of this section shall not apply to the extent that they are inconsistent with obligations of the 

United States under international agreements. 

(e) ANNUAL REPORT.—The Administrator shall submit to Congress, not later than 

120 days after the end of each fiscal year, a report on the contracts performed overseas and amount of purchases by NASA from foreign entities in that fiscal year. 

Such report shall separately indicate the dollar value of contracts for which the provisions of this section were waived and the dollar value of items for which the Buy 

American Act was waived pursuant to obligations of the United States under international agreements. 

TITLE VIII—INDEPENDENT COMMISSIONS 

SEC. 1. DEFINITIONS. 

For purposes of this title— 

(1) the term ‘‘Commission’’ means a Commission established under this title; 

and 

(2) the term ‘‘incident’’ means either an accident or a deliberate act. 

26 

Subtitle A—International Space Station 

Independent Safety Commission 

SEC. 811. ESTABLISHMENT OF COMMISSION. 

(a) ESTABLISHMENT.—The President shall establish an independent, nonpartisan 

Commission within the executive branch to discover and assess any vulnerabilities 

of the International Space Station that could lead to its destruction, compromise the 

health of its crew, or necessitate its premature abandonment. 

(b) DEADLINE FOR ESTABLISHMENT.—The President shall issue an executive order 

establishing a Commission within 30 days after the date of enactment of this Act. 

SEC. 812. TASKS OF THE COMMISSION. 

The Commission established under section 811 shall, to the extent possible, undertake the following tasks: 

(1) Catalog threats to and vulnerabilities of the ISS, including design flaws, 

natural phenomena, computer software or hardware flaws, sabotage or terrorist 

attack, number of crewmembers, and inability to adequately deliver replacement parts and supplies, and management or procedural deficiencies. 

(2) Make recommendations for corrective actions. 

(3) Provide any additional findings or recommendations related to ISS safety. 

(4) Prepare a report to Congress, the President, and the public. 

SEC. 813. SUNSET. 

The Commission established under this subtitle shall expire not later than one 

year after the date on which the full Commission membership is appointed. 

Subtitle B—Human Space Flight Independent 

Investigation Commission 

SEC. 821. ESTABLISHMENT OF COMMISSION. 

(a) ESTABLISHMENT.—The President shall establish an independent, nonpartisan 

Commission within the executive branch to investigate any incident that results in 

the loss of— 

(1) a Space Shuttle; 

(2) the International Space Station or its operational viability; 

(3) any other United States space vehicle carrying humans that is being used 

pursuant to a contract with the Federal Government; or 

(4) a crew member or passenger of any space vehicle described in this subsection. 

(b) DEADLINE FOR ESTABLISHMENT.—The President shall issue an executive order 

establishing a Commission within 7 days after an incident specified in subsection 

(a). 

SEC. 822. TASKS OF THE COMMISSION. 

A Commission established pursuant to this subtitle shall, to the extent possible, 

undertake the following tasks: 

(1) Investigate the incident. 

(2) Determine the cause of the incident. 

(3) Identify all contributing factors to the cause of the incident. 

(4) Make recommendations for corrective actions. 

(5) Provide any additional findings or recommendations deemed by the Commission to be important, whether or not they are related to the specific incident 

under investigation. 

(6) Prepare a report to Congress, the President, and the public. 

Subtitle C—Organization and Operation of 

Commissions 

SEC. 831. COMPOSITION OF COMMISSIONS. 

(a) NUMBER OF COMMISSIONERS.—A Commission established pursuant to this title 

shall consist of 15 members. 

(b) SELECTION.—The members of a Commission shall be chosen in the following 

manner: 

27 

(1) The President shall appoint the members, and shall designate the Chairman and Vice Chairman of the Commission from among its members. 

(2) Four of the 15 members appointed by the President shall be selected by 

the President in the following manner: 

(A) The majority leader of the Senate, the minority leader of the Senate, 

the Speaker of the House of Representatives, and the minority leader of the 

House of Representatives shall each provide to the President a list of candidates for membership on the Commission. 

(B) The President shall select one of the candidates from each of the 4 

lists for membership on the Commission. 

(3) In the case of a Commission established under subtitle A, the President 

shall select one candidate from a list of candidates for membership on the Commission provided by the President of the collective-bargaining organization including the largest member of NASA engineers. 

(4) No officer or employee of the Federal Government shall serve as a member 

of the Commission. 

(5) No member of the Commission shall have, or have pending, a contractual 

relationship with NASA. 

(6) The President shall not appoint any individual as a member of a Commission under this section who has a current or former relationship with the Administrator that the President determines would constitute a conflict of interest. 

(7) To the extent practicable, the President shall ensure that the members of 

the Commission include some individuals with experience relative to human 

carrying spacecraft, as well as some individuals with investigative experience 

and some individuals with legal experience. 

(8) To the extent practicable, the President shall seek diversity in the membership of the Commission. 

(9) The President may waive the prohibitions in paragraphs (5) and (6) with 

respect to the selection of not more than 2 members of a Commission established under subtitle A. 

(c) DEADLINE FOR APPOINTMENT.—All members of a Commission established 

under subtitle A shall be appointed no later than 60 days after issuance of the executive order establishing the Commission. All members of a Commission established 

under subtitle B shall be appointed no later than 30 days after the incident. 

(d) INITIAL MEETING.—A Commission shall meet and begin operations as soon as 

practicable. 

(e) QUORUM; VACANCIES.—After its initial meeting, a Commission shall meet upon 

the call of the Chairman or a majority of its members. Eight members of a Commission shall constitute a quorum. Any vacancy in a Commission shall not affect its 

powers, but shall be filled in the same manner in which the original appointment 

was made. 

SEC. 832. POWERS OF COMMISSION. 

(a) HEARINGS AND EVIDENCE.—A Commission or, on the authority of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out this 

title— 

(1) hold such hearings and sit and act at such times and places, take such 

testimony, receive such evidence, administer such oaths; and 

(2) require, by subpoena or otherwise, the attendance and testimony of such 

witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, 

as the Commission or such designated subcommittee or designated member may determine advisable. 

(b) CONTRACTING.—A Commission may, to such extent and in such amounts as 

are provided in appropriation Acts, enter into contracts to enable the Commission 

to discharge its duties under this title. 

(c) INFORMATION FROM FEDERAL AGENCIES.— 

(1) IN GENERAL.—A Commission may secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Government, information, suggestions, estimates, and statistics for the purposes of this title. Each department, bureau, 

agency, board, commission, office, independent establishment, or instrumentality shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made 

by the Chairman, the chairman of any subcommittee created by a majority of 

the Commission, or any member designated by a majority of the Commission. 

(2) RECEIPT, HANDLING, STORAGE, AND DISSEMINATION.—Information shall 

only be received, handled, stored, and disseminated by members of the CommisVerDate Aug 04 2004 20:33 Jul 19, 2005 Jkt 022474 PO 00000 Frm 00027 Fmt 6659 Sfmt 6621 E:\HR\OC\HR173.XXX HR173
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sion and its staff consistent with all applicable statutes, regulations, and Executive orders. 

(d) ASSISTANCE FROM FEDERAL AGENCIES.— 

(1) GENERAL SERVICES ADMINISTRATION.—The Administrator of General Services shall provide to a Commission on a reimbursable basis administrative support and other services for the performance of the Commission’s tasks. 

(2) OTHER DEPARTMENTS AND AGENCIES.—In addition to the assistance prescribed in paragraph (1), departments and agencies of the United States may 

provide to the Commission such services, funds, facilities, staff, and other support services as they may determine advisable and as may be authorized by 

law. 

(3) NASA ENGINEERING AND SAFETY CENTER.—The NASA Engineering and 

Safety Center shall provide data and technical support as requested by a Commission. 

SEC. 833. PUBLIC MEETINGS, INFORMATION, AND HEARINGS. 

(a) PUBLIC MEETINGS AND RELEASE OF PUBLIC VERSIONS OF REPORTS.—A Commission shall— 

(1) hold public hearings and meetings to the extent appropriate; and 

(2) release public versions of the reports required under this Act. 

(b) PUBLIC HEARINGS.—Any public hearings of a Commission shall be conducted 

in a manner consistent with the protection of information provided to or developed 

for or by the Commission as required by any applicable statute, regulation, or Executive order. 

SEC. 834. STAFF OF COMMISSION. 

(a) APPOINTMENT AND COMPENSATION.—The Chairman, in consultation with Vice 

Chairman, in accordance with rules agreed upon by a Commission, may appoint and 

fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its functions. 

(b) DETAILEES.—Any Federal Government employee, except for an employee of 

NASA, may be detailed to a Commission without reimbursement from the Commission, and such detailee shall retain the rights, status, and privileges of his or her 

regular employment without interruption. 

(c) CONSULTANT SERVICES.—A Commission may procure the services of experts 

and consultants in accordance with section 3109 of title 5, United States Code, but 

at rates not to exceed the daily rate paid a person occupying a position at level IV 

of the Executive Schedule under section 5315 of title 5, United States Code. Any 

consultant or expert whose services are procured under this subsection shall disclose 

any contract or association it has with NASA or any NASA contractor. 

SEC. 835. COMPENSATION AND TRAVEL EXPENSES. 

(a) COMPENSATION.—Each member of a Commission may be compensated at not 

to exceed the daily equivalent of the annual rate of basic pay in effect for a position 

at level IV of the Executive Schedule under section 5315 of title 5, United States 

Code, for each day during which that member is engaged in the actual performance 

of the duties of the Commission. 

(b) TRAVEL EXPENSES.—While away from their homes or regular places of business in the performance of services for the Commission, members of a Commission 

shall be allowed travel expenses, including per diem in lieu of subsistence, in the 

same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5, United States Code. 

SEC. 836. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF. 

The appropriate Federal agencies or departments shall cooperate with a Commission in expeditiously providing to the Commission members and staff appropriate 

security clearances to the extent possible pursuant to existing procedures and requirements. No person shall be provided with access to classified information under 

this title without the appropriate security clearances. 

SEC. 837. REPORTING REQUIREMENTS AND TERMINATION. 

(a) INTERIM REPORTS.—A Commission may submit to the President and Congress 

interim reports containing such findings, conclusions, and recommendations for corrective actions as have been agreed to by a majority of Commission members. 

(b) FINAL REPORT.—A Commission shall submit to the President and Congress, 

and make concurrently available to the public, a final report containing such findings, conclusions, and recommendations for corrective actions as have been agreed 

to by a majority of Commission members. Such report shall include any minority 

views or opinions not reflected in the majority report. 

(c) TERMINATION.— 

29 

(1) IN GENERAL.—A Commission, and all the authorities of this title with respect to that Commission, shall terminate 60 days after the date on which the 

final report is submitted under subsection (b). 

(2) ADMINISTRATIVE ACTIVITIES BEFORE TERMINATION.—A Commission may 

use the 60-day period referred to in paragraph (1) for the purpose of concluding 

its activities, including providing testimony to committees of Congress concerning its reports and disseminating the final report. 

II. PURPOSE OF THE BILL

The purpose of H.R. 3070, the National Aeronautics and Space 

Administration Act of 2005, is to reauthorize the human space 

flight, aeronautics, and science programs of the National Aeronautics and Space Administration (NASA). 

III. BACKGROUND AND NEED FOR THE LEGISLATION

NASA is at a pivotal point in its history, particularly with regard 

to the future of its human space flight program. For several years, 

the human space flight program has lacked a clear vision and concrete set of long-term goals. The tragic demise of the Space Shuttle 

Columbia on February 1, 2003 served as a catalyst for a thorough 

review of the agency’s long-term goals for human space flight. This 

review resulted in a major policy announcement by the President 

on January 14, 2004 in which he proposed to send American astronauts back to the Moon and on to Mars, as well as to other destinations. 

The Congress, as a whole, has yet to fully debate the merits of 

the proposed policy and the balance it must strike with other key 

agency missions, such as aeronautics, space science, and earth 

science. Clearly, such a significant proposal requires close examination by the Congress. H.R. 3070 provides the legislative vehicle to 

examine and debate the future of NASA and to set the policies and 

plans at this pivotal time. 

Since 2002, NASA has been operating without an authorization. 

The last NASA authorization bill that was enacted into law was on 

October 30, 2000 as Public Law 106–391, the National Aeronautics 

and Space Administration Act of 2000. That Act authorized funding 

for NASA through fiscal year 2002. 

IV. SUMMARY OF HEARINGS

Over the past four years the Committee on Science and its Subcommittee on Space and Aeronautics have held numerous hearings 

on nearly every major aspect of NASA’s programs. A listing of 

those hearings is provided below. 

April 3, 2001, ‘‘Vision 2001: Future Space.’’ (Subcommittee) 

April 4, 2001, ‘‘Space Station Cost Overruns.’’ 

May 2, 2001, ‘‘NASA Posture.’’ (Subcommittee) 

May 15, 2001, ‘‘The Aerospace Industrial Base.’’ (Subcommittee) 

June 20, 2001, ‘‘Space Launch Initiative: A Program Review.’’ (Subcommittee) 

July 19, 2001, ‘‘Developing the Next Generation Air Traffic 

Management System.’’ (Subcommittee) 

October 11, 2001, ‘‘Space Planes and X-Vehicles.’’ (Subcommittee) 

November 7, 2001, ‘‘The Space Station Task Force Report.’’ 

30 

February 27, 2002, ‘‘NASA’s Fiscal Year 2003 Budget Request.’’ 

March 7, 2002, ‘‘A Review of Civil Aeronautics Research and 

Development.’’ (Subcommittee) 

April 18, 2002, ‘‘Space Shuttle and Space Launch Initiative.’’ 

(Subcommittee) 

May 9, 2002, ‘‘NASA Science Priorities.’’ (Subcommittee) 

July 18, 2002, ‘‘NASA’s Workforce and Management Challenges.’’ (Subcommittee) 

October 3, 2002, ‘‘The Threat of Near-Earth Asteroids.’’ (Subcommittee) 

March 6, 2003, ‘‘A Review of Aeronautics R&D at FAA and 

NASA.’’ (Subcommittee) 

March 12, 2003, ‘‘The Aerospace Commission Report and 

NASA Workforce.’’ 

May 8, 2003, ‘‘NASA’s Integrated Space Transportation Plan 

and Orbital Space Plan Program.’’ (Subcommittee) 

June 11, 2003, ‘‘U.S.-Russian Cooperation in Space.’’ (Subcommittee) 

September 4, 2003, ‘‘The Columbia Accident Investigation 

Board Report.’’ 

October 16, 2003, ‘‘The Future of Human Space Flight.’’ 

October 29, 2003, ‘‘NASA’s Organizational and Management 

Challenges in the Wake of the Columbia Disaster.’’ 

February 12, 2004, ‘‘The President’s Vision for Space Exploration.’’ 

March 10, 2004, ‘‘Perspectives on the President’s Vision for 

Space Exploration.’’ 

March 18, 2004, ‘‘NASA-Department of Defense Cooperation 

in Space Transportation.’’ (Subcommittee) 

April 1, 2004, ‘‘Lunar Science and Resources: Future Options.’’ (Subcommittee) 

July 15, 2004, ‘‘Contests and Prizes: How Can They Help Advance Space Exploration?’’ (Subcommittee) 

February 2, 2005, ‘‘Options for Hubble Science.’’ 

February 17, 2005, ‘‘NASA Fiscal Year 2006 Budget Proposal.’’ 

March 16, 2005, ‘‘The Future of Aeronautics at NASA.’’ (Subcommittee) 

April 20, 2005, ‘‘Future Markets in Commercial Space.’’ (Subcommittee) 

April 28, 2005, ‘‘NASA Earth Sciences.’’ 

June 28, 2005, ‘‘The Future of NASA.’’ 

V. COMMITTEE ACTIONS

On June 27, 2005, Mr. Calvert and Mr. Boehlert introduced H.R. 

3070, the National Aeronautics and Space Administration Act of 

2005. The bill was referred to the Subcommittee on Space and Aeronautics. 

On June 29, 2005, the Subcommittee on Space and Aeronautics 

met to consider H.R. 3070. The Subcommittee considered the following amendments to the bill: 

1. Mr. Calvert offered a manager’s amendment that made a number of additions and clarifying changes to the underlying bill. The 

amendment— 

31 

• Added a reference to the present era as the ‘‘Second Space 

Age’’ in a finding of the underlying bill that relates to NASA’s 

multiple missions in human space flight, aeronautics and 

science. • Added a requirement that the Administrator include a description of the steps NASA will use ‘‘to retain needed employees’’ in the human capital strategy required by the underlying 

bill. • Struck a provision in the bill requiring NASA to annually 

report its General and Administrative expenses with the President’s budget and creates a new provision requiring NASA to 

produce such information upon request from the Committee. • Added a requirement that NASA report in the President’s 

annual budget the amount of unobligated funds carried over 

from the previous fiscal year. (The underlying bill already required NASA to report its expected unobligated balances both 

for the fiscal year in which the President’s budget is proposed 

and for the fiscal year covered by the proposed budget.) • Added a requirement that NASA report to the Committee 

on ‘‘the extent to which the Crew Exploration Vehicle will 

allow for the escape of the crew in the event of an emergency.’’ • Allows NASA to begin to carry out the ‘‘national awareness campaign’’ (which the FY06 House Science, State, Justice 

and Commerce Appropriations bill directed NASA to undertake) before NASA completes a report describing how NASA 

plans to carry out the campaign, as required by the underlying 

bill, so long as NASA first notifies the Committee of actions it 

takes. • Added a requirement that the Office of Science and Technology Policy (OSTP) include a list of all the R&D programs of 

Federal agencies other than NASA that OSTP will have reviewed in conducting a study that the underlying bill requires 

to determine whether NASA’s research programs are duplicative of those in other agencies or neglectful of any related national needs. 

The amendment was adopted by a voice vote. 

2. Ms. Jackson Lee offered an amendment requiring NASA to 

provide budget information on its safety program. This amendment 

was adopted by a voice vote. 

The motion to adopt the bill as amended was approved by the 

Subcommittee by a roll call vote, with 10 voting in favor and 6 voting present. Mr. McCaul moved that the Subcommittee favorably 

report the bill, H.R. 3070, as amended, to the Full Committee. The 

motion was approved by a roll call vote, with 10 voting in favor and 

6 voting present. 

On July 14, 2005, the Committee met to consider H.R. 3070. The 

Committee considered the following amendments: 

1. Mr. Boehlert offered a managers amendment in the nature of 

a substitute, co-sponsored by Mr. Gordon, Mr. Calvert, and Mr. 

Udall. The amendment— 

• Authorizes funding for two years, fiscal year 2006 and fiscal year 2007, instead of one year. Creates four budget accounts; specifies funding for each, and calls out specific authorization levels for Aeronautics. For fiscal year 2006, it authorizes $150 million for preparation of a Hubble servicing mission. 

32 

• Drops language mandating the space shuttle retirement in 

2010, leaving the bill silent on the issue. • Provides more specific direction, but no specific funding 

level for International Space Station research. • Endorses a servicing mission for the Hubble Space Telescope. • Includes language making it more difficult for NASA to 

transfer money among accounts. • Adds a Title for aeronautics programs that NASA may 

consider in establishing a national aeronautics policy. • Includes the text of H.R. 426, The Remote Sensing Applications Act of 2005, which was passed by the Committee on 

May 17, 2005. 

The amendment was adopted by a voice vote. 

2. Mr. Rohrabacher offered and withdrew an amendment to 

amend the Iran Nonproliferation Act of 2000. 

3. Mr. Melancon offered and withdrew an amendment to provide 

enhanced-use leasing authority at NASA facilities. 

4. Ms. Jackson Lee offered and withdrew an amendment to provide specific funding levels for Historically Black Colleges and University education programs. 

5. Ms. Jackson Lee offered and withdrew an amendment to establish the Dr. Mae C. Jemison Grant program to work with minority serving institutions. 

6. Ms. Jackson Lee offered and withdrew an amendment to provide specific funding levels for Hispanic Serving Institution education programs. 

7. Mr. Costello offered an amendment that would have deleted 

language in section 705 of H.R. 3070 exempting contracts that are 

inconsistent with obligations under international agreements. The 

amendment was defeated by a roll call vote, with 18 voting in favor 

and 18 voting against. 

8. Mr. Costello offered an amendment to section 705 of H.R. 3070 

requiring NASA to report annually on the contracts performed 

overseas and the amounts of purchases by NASA from foreign entities. The amendment was agreed to by voice vote. 

The Chairman’s motion to adopt the bill, as amended, was 

agreed to by a roll call vote, with 36 voting in favor and 0 against. 

Mr. Gordon moved that the Committee favorably report the bill, 

H.R. 3070, as amended, to the House with the recommendation 

that the bill as amended do pass, and that the staff be instructed 

to make technical and conforming changes to the bill as amended 

and prepare the legislative report and that the Chairman take all 

necessary steps to bring the bill before the House for consideration. 

With a quorum present, the motion was agreed to by a voice vote. 

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

The major provisions of the legislation are that it: 

• Endorses the broad goals of the President’s Vision for 

Space Exploration. 

• Authorizes funding for the National Aeronautics and Space 

Administration for fiscal year 2006 and fiscal year 2007. Funding for fiscal year 2006 is $16.471 billion, which is approximately $15 million more than the President’s request and the 

same as House Appropriations. For fiscal year 2007, the bill 

33 

authorizes $16.962 billion, which is the same as the President’s 

request. • Charges NASA with carrying out a balanced set of programs including programs in human space flight, aeronautics 

research and development, and scientific research including 

space science, earth science and microgravity research. It encourages NASA to work with entrepreneurs and to involve 

other nations to the extent appropriate. • Directs NASA to strive to ensure the International Space 

Station will be able to conduct a broad range of research activities, and be accessible by the Crew Exploration Vehicle. • Directs NASA to strive to: return Americans to the Moon 

no later than 2020, launch a Crew Exploration Vehicle as close 

to 2010 as possible, and conduct research on the impacts of 

space on the human body to enable long-duration space exploration. • Requires the President, through the Administrator, to develop a national aeronautics policy to guide NASA’s aeronautics programs. The report is due with the President’s fiscal 

year 2007 budget request. • Requires NASA to develop a policy to guide NASA’s programs in space and earth science, drawing on the work of the 

National Academy of Sciences, and requires the agency to 

prioritize its scientific missions. The report is due with the 

President’s fiscal year 2007 budget request. • Endorses a Hubble Space Telescope servicing mission. • Requires NASA to develop a plan for managing its facilities, including a description of any facilities NASA intends to 

build or no longer to use. The report is due with the President’s fiscal year 2008 budget request. • Requires NASA to develop a human capital strategy to ensure that it has a workforce of the appropriate size and with 

the appropriate skills. It limits NASA’s flexibility to reduce its 

workforce during fiscal year 2006. The report is due with the 

President’s fiscal year 2007 budget request. 

• Requires annual reporting on programs costing over $100 

million and internal and Congressional reviews of any such 

program that experiences large cost overruns or schedule 

delays. 

• Urges NASA to use commercial providers to support 

human missions to the Moon and Mars, to support missions to 

the International Space Station, and to transfer science research and technology to society. 

• Provides NASA the authority to conduct competitions for 

cash prizes, modeled after the X-Prize won in 2004 by airplane 

designer Burt Rutan and his SpaceShipOne, to stimulate innovative technology development. 

• Requires NASA to report to Congress on its plans in a 

number of areas, including its strategy for sending humans to 

the Moon, the costs of the Crew Exploration Vehicle, a plan for 

updating the U.S. system of space communications and satellites, and a plan for helping NASA’s Shuttle workforce make 

the transition to other jobs. 

• The legislation includes several additional provisions, including an extension of NASA’s indemnification authority, proVerDate Aug 04 2004 20:33 Jul 19, 2005 Jkt 022474 PO 00000 Frm 00033 Fmt 6659 Sfmt 6602 E:\HR\OC\HR173.XXX HR173
34 

grams addressing near-Earth asteroids and comets, and a requirement for better coordination between NASA and the National Oceanic and Atmospheric Administration (NOAA) on 

earth science missions. 

VII. SECTION-BY-SECTION ANALYSIS OF THE BILL, AS AMENDED

Sec. 1. Short title 

The ‘‘National Aeronautics and Space Administration Authorization Act of 2005.’’ 

Sec. 2. Findings 

Urges the National Aeronautics and Space Administration 

(NASA) to maintain robust programs in space science, earth 

science, and aeronautics while it moves forward with plans to send 

Americans to the Moon, Mars, and beyond. 

Sec. 3. Definitions 

TITLE I—GENERAL PRINCIPLES AND REPORTS 

Sec. 101. Responsibilities, policies, and plans 

Charges NASA with carrying out a balanced set of programs including programs in human space flight, aeronautics research and 

development, and scientific research including space and earth 

science and microgravity. Encourages NASA to work with entrepreneurs, use commercial services to the extent practicable, and to 

involve other nations to the extent appropriate. 

Directs NASA to carry out the Vision for Space Exploration by 

striving to: return Americans to the Moon no later than 2020, 

launch a Crew Exploration Vehicle (CEV) as close to 2010 as possible, and conduct research on the impacts of space on the human 

body to enable long-duration space exploration. 

Requires the President, through the Administrator, to develop a 

national aeronautics policy to guide NASA’s aeronautics programs 

through 2020, taking into account several priority areas. Directs 

the policy be delivered to Congress with the fiscal year (FY) 2007 

budget request. 

Requires NASA to develop a policy to guide agency space and 

earth science programs through 2016. Requires the policy to 

prioritize the agency’s scientific missions and address NASA’s 

plans on servicing the Hubble Space Telescope. Directs the policy 

be delivered to Congress with the FY 2007 budget request. 

Requires NASA to develop a plan for managing its facilities, including a description of any facilities NASA intends to build or no 

longer to use. Directs the plan be delivered to Congress with the 

FY 2008 budget request. 

Requires NASA to develop a human capital strategy to retain 

needed employees and ensure that it has a workforce of the appropriate size and with the appropriate skills to carry out programs 

and policies of this Act. Limits NASA’s flexibility in initiating 

buyouts or Reductions in Force until 60 days after the plan is submitted with the President’s budget for FY 2007, and prohibits any 

final action on Reduction in Force or other involuntary separations 

prior to October 1, 2006. 

35 

Requires NASA to conduct a study evaluating whether any of its 

centers should be operated by or with the private sector. Directs 

the study be delivered to Congress by May 31, 2006. 

Directs the President’s budget for NASA to include documents 

showing the requests for human space flight, aeronautics, space 

science, earth science, safety, microgravity science, education, technology transfer programs, and comparable figures for each activity 

for each of the two previous fiscal years and directs that documents 

be available on administrative expenses. 

Requires the Office of Science and Technology Policy (OSTP) to 

commission an independent review of the Nation’s long-term strategic needs for test facilities, and prohibits the closure or 

mothballing of any facility identified in the 2003 RAND Corporation study entitled ‘‘Wind Tunnels and Propulsion Test Facilities: 

An Assessment of NASA’s Capabilities to Serve National Needs,’’ 

as well as any test facilities in use as of January 1, 2004 until the 

report is delivered to Congress. 

Sec. 102. Reports 

Requires NASA to report certain details regarding the Vision for 

Space Exploration and other NASA programs by the end of FY 

2005. 

Requires NASA to report estimated costs of the CEV and the impact of those costs, and potential cost increases, on other agency 

programs through 2020. 

Requires NASA to report its plans for updating the system of 

space communications and architecture to carry out lunar and deep 

space missions. 

Requires NASA to submit a report to Congress describing its 

plans to carry out the ‘‘awareness campaign’’ required by the report 

accompanying the FY 2006 House Science, State, Justice, and Commerce Appropriations Bill. 

Requires NASA to develop a transition plan for government and 

contractor personnel engaged in the Space Shuttle program. 

Requires NASA and the Department of Energy jointly to describe 

their plans to develop a proposed astronomy research mission to 

study dark energy. 

Requires the Director of OSTP to conduct a study to evaluate 

whether any research NASA conducts is unnecessarily duplicating 

aspects of programs of other Federal agencies or whether it is neglecting areas of research in the national interest related to 

NASA’s mission. 

Sec. 103. Baselines and cost controls 

Requires NASA to report annually on the status (including cost, 

schedule and performance) of ‘‘major’’ programs. Requires notification to Congress and an internal evaluation in the event that any 

major program exceeds its originally estimated development cost by 

more than 15 percent or exceeds its originally planned schedule by 

more than six months. Requires Congress to evaluate whether to 

continue the major program in the event that it exceeds its originally estimated development cost by more than 30 percent or $1 

billion. Defines major programs as those with life-cycle costs of over 

$100,000,000. 

36 

Sec. 104. Prize authority 

Authorizes NASA to conduct competitions for cash prizes, modeled after the X-Prize won in 2004 by famed airplane designer Burt 

Rutan and his SpaceShipOne, to stimulate innovation in basic and 

applied research, technology development, and prototype demonstration that have the potential for application to the performance of NASA’s space and aeronautical activities. Gives NASA the 

authority to accept private funds and funds from other agencies for 

cash prizes. Does not limit the amount of a prize, but requires 

NASA first to report to the Congress before offering any prize 

worth more than $10,000,000. 

Sec. 105. Foreign launch vehicles 

Requires NASA to launch missions on foreign launch vehicles 

only in accordance with the President’s Space Transportation Policy, announced December 21, 2004. Grandfathers in any mission for 

which any development has begun prior to the date of enactment, 

including the James Webb Space Telescope. 

Sec. 106. Safety management 

Amends Sec. 6 of the National Aeronautics and Space Administration Act of 1958 to encourage continued compliance with the Columbia Accident Investigation Board (CAIB) recommendations and 

to require an annual report, including in the first year’s report an 

evaluation of NASA’s safety management culture. 

Sec. 107. Lessons learned and best practices 

Requires NASA to provide an implementation plan within 180 

days of enactment describing NASA’s approach for sharing lessons 

learned and best practices among its major programs and projects. 

Additionally, requires NASA to provide incentives for sharing and 

implementing lessons learned and best practices within the agency. 

Sec. 108. Commercialization plan 

Directs NASA, in consultation with other appropriate agencies, 

to develop a commercialization plan within 180 days of enactment 

to support human missions to the Moon and Mars, low earth orbit 

activities, Earth science missions and applications, and transfer of 

science research and technology to society. 

Sec. 109. Study on the feasibility of use of ground source heat 

pumps 

Directs NASA to conduct a feasibility study on the use of groundsource heat pumps for energy conservation in future NASA facilities or major renovations of existing facilities. 

TITLE II—AUTHORIZATION OF APPROPRIATIONS 

Sec. 201. Structure of budgetary accounts 

Amends Sec. 313 of the National Aeronautics and Space Act of 

1958 such that, starting in FY07, appropriations shall be made in 

four accounts: ‘Science, Aeronautics, and Education’, ‘Exploration 

Systems’, ‘Space Operations’, and ‘Inspector General’. 

37 

Sec. 202. Fiscal year 2006 

Authorizes NASA at $16,471,050,000 for FY06, the same amount 

provided in the House Science, State, Justice and Commerce Appropriations Bill for FY 2005 (approximately $15 million above the 

President’s FY 2006 request). 

The Authorization includes the following breakdown: 

Science, Aeronautics and Education: $6,870,250,000, of 

which $962,000,000 for Aeronautics; $150,000,000 for a Hubble 

Space Telescope Servicing Mission; and $24,000,000 for the 

Space Grant program; 

Exploration Systems: $3,181,000,000; 

Space Operations: $6,387,300,000; 

Inspector General: $32,400,000. 

Sec. 203. Fiscal year 2007 

Authorizes NASA at $16,962,000,000 for FY07, the same as the 

President’s Budget Request for FY07. 

The Authorization includes the following breakdown: 

Science, Aeronautics and Education: $7,331,600,000, of 

which $990,000,000 for Aeronautics; $24,000,000 for the Space 

Grant program; 

Exploration Systems: $3,589,200,000; 

Space Operations: $6,007,700,000; 

Inspector General: $33,500,000. 

Sec. 204. ISS research 

Requires NASA to allocate at least 15 percent of the funds obligated for research aboard the International Space Station (ISS) to 

research not directly related to the human exploration program. 

Sec. 205. Test facilities 

Requires NASA to establish a policy of charging users of NASA 

test facilities a competitive price for the costs associated with their 

use, and as a general rule not to seek to recover the full cost of 

the facilities operation. Requires Congressional notice if the Administrator decides to seek full cost for the use of a facility. Directs 

NASA to establish a funding account for test facilities. 

Sec. 206. Proportionality 

Specifies that if the total amounts appropriated pursuant to Sec. 

202 and 203 are less than the amounts authorized in those sections, the amounts authorized for each of the accounts specified in 

sections 202 and 203 will be reduced proportionally. 

Sec. 207. Limitations on authority 

Requires the Administrator to give 30 days notice to Congress 

before NASA funds a program in excess of the amount authorized 

for the program in Sec. 202 or 203. 

Sec. 208. Notice of reprogramming 

Requires that any reprogramming action that requires notice to 

the Appropriations Committees, also require notice to the House 

Science Committee and the Senate Commerce, Science and Transportation Committee. 

38 

Sec. 209. Cost overruns 

Requires NASA to protect funds intended for fundamental and 

applied Research and Analysis when reprogramming funds to cover 

unexpected cost growth within a program. 

Sec. 210. Official representational fund 

Limits the amount of funds to be used for receptions and representational expenses to $35,000 in any fiscal year. 

Sec. 211. International Space Station cap 

Repeals the cost cap on the ISS enacted in the NASA Authorization Act of 2000. 

TITLE III—SCIENCE 

Subtitle A—General Provisions 

Sec. 301. Performance assessments 

Requires the National Academy of Sciences to evaluate the performance of each discipline within NASA within six fiscal years 

and every five years thereafter. 

Sec. 302. Status report on Hubble space telescope mission 

Requires the Administrator to determine, upon completion of the 

second shuttle flight after return to flight, the schedule for a 

Hubble servicing mission, unless such a mission would compromise 

astronaut safety. Also requires a report on the status of the Hubble 

Servicing mission to be submitted not later than 60 days after the 

landing of the second Shuttle flight. 

Sec. 303. Independent assessment of Landsat-NPOESS integrated 

mission 

Requires the Administrator to seek an independent assessment 

of the costs and risks associated with incorporating the Landsat instrument on the first National Polar Orbiting Environmental Satellite System. Also requires that the Administrator transmit the assessment to Congress within 180 days of enactment. 

Sec. 304. Assessment of science mission extensions 

Directs the Administrator to carry out annual reviews within 

each of the science disciplines to assess the cost and benefits of extending the termination date for those missions that are beyond 

their originally scheduled termination dates. Requires that a termination review be held within 60 days of enactment for certain specified missions (i.e., FAST, TIMED, Cluster, Wind, Geotail, Polar, 

TRACE, Ulysses, and Voyager) and requires that a report on the 

results of specified reviews be transmitted to Congress within 30 

days of completion. Also requires that for missions with an operational component, NASA consult with the National Oceanic and 

Atmospheric Administration (NOAA) and take the operational benefits into account. 

Sec. 305. Microgravity research 

Requires NASA to carry out, to the maximum extent practicable, 

basic, applied, and commercial research aboard the ISS. Requires 

39 

the Administrator to transmit to Congress, not later than 60 days 

after enactment, an assessment of microgravity research planned 

for the ISS. 

Sec. 306. Coordination with the National Oceanic and Atmospheric 

Administration 

Requires NASA and NOAA to appoint a Joint Working Group to 

coordinate each agency’s earth science activities. Requires the two 

agencies to evaluate NASA’s earth science missions for their potential applicability to NOAA’s mission and to prepare a transition 

plan for those found to have potential applicability. Prohibits the 

transfer of any Earth science mission from NASA to NOAA until 

the mission’s transition plan has been approved by both agencies 

and funds are identified in NOAA’s budget. Requires an annual report to Congress from NASA and NOAA on how the earth science 

activities of each agency will be coordinated in the coming fiscal 

year. 

Subtitle B—Remote Sensing 

Sec. 311. 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 space borne platforms or other 

types and sources of data. 

Sec. 312. Pilot projects to encourage public sector applications 

Directs the 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. 

Sec. 313. Program evaluation 

Directs the Administrator to establish an advisory committee to 

monitor the program established under Sec. 312. Directs the Administrator to transmit to the Congress an evaluation of the program established under Sec. 312 by an independent entity no later 

than December 31, 2009. 

40 

Sec. 314. Data availability 

Directs the NASA Administrator to ensure that the results of 

each of the pilot projects completed under Sec. 312 are retrievable 

through an electronic, Internet-accessible database. 

Sec. 315. 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. 

Subtitle C—George E. Brown, Jr. Near-Earth Object Survey 

Sec. 321. George E. Brown, Jr. Near-Earth Object Survey 

Directs the Administrator of NASA to establish a Near-Earth Object (NEO) Survey program to detect, track, catalogue, and characterize the physical characteristics of NEOs equal to or greater than 

100 meters in diameter in order to assess the threat of such NEOs 

to the Earth. Amends the National Aeronautics and Space Act of 

1958 to include a Congressional declaration that the general welfare and security of the United States require that the unique competence of NASA in science and engineering systems be directed to 

detecting, tracking, cataloguing, and characterizing NEOs in order 

to provide warning and mitigation of the potential hazard of such 

NEOs to the Earth. Requires the Administrator to submit each 

year for the next five years a report summarizing the activities the 

Administrator takes with regard to the NEO Survey program and 

a summary of expenditures, and a plan and budget request for the 

program. 

TITLE IV—AERONAUTICS 

Sec. 401. Definitions 

Defines the term ‘‘institution of higher education’’ as having the 

meaning given that term by section 101 of the Higher Education 

Act of 1965 (20 U.S.C. 1001). 

Sec. 411. Policy 

Reaffirms that Aeronautics is a core mission of NASA. 

Subtitle B—NASA Aeronautics Breakthrough Research Initiatives 

Sec. 421. Environmental aircraft research and development initiative 

Permits the Administrator to establish an initiative with the objective of developing, and demonstrating in a relevant environment, 

technologies to enable commercial aircraft not to exceed ambient 

noise levels in the vicinity of airports, to consume 25 percent less 

fuel for medium to long-range flights, and to produce 50 percent 

fewer nitrogen oxides on takeoff and landing. 

Sec. 422. Civil supersonic transport research and development initiative 

Permits the Administrator to establish an initiative with the objective of developing, and demonstrating in a relevant environment, 

41 

technologies to enable overland flight of supersonic civil transport 

aircraft that do not exceed community standards for noise or emission regulations likely to exist at the time of the aircraft’s operation. 

Sec. 423. Rotorcraft and other runway-independent air vehicles research and development initiative 

Permits the Administrator to establish an initiative with the objective of developing, and demonstrating in a relevant environment, 

technologies to enable significantly safer, quieter and more environmentally compatible operation of rotorcraft and other runway-independent air vehicles. 

Subtitle C—Other NASA Aeronautics Research and Development 

Activities 

Sec. 431. Fundamental research and technology base program 

Requires the Administrator to establish a program of long-term 

fundamental research in aeronautical sciences and technologies 

that is not tied to specific development projects. 

Sec. 432. Airspace systems research 

Requires the Administrator to pursue research and development 

to enable revolutionary improvements to and modernization of the 

National Airspace System. 

Sec. 433. Aviation safety and security research 

Requires that NASA’s Aviation Safety and Security Research 

program pursue research and development activities that directly 

address the safety and security needs of the National Airspace System and the aircraft that fly in it. 

Sec. 434. Zero-emissions aircraft research 

Permits the Administrator to establish a research program with 

the objective of developing test concepts to enable a hydrogen fuel 

cell-powered aircraft that would emit no hydrocarbons or nitrogen 

oxides. 

Sec. 435. Mars aircraft research 

Permits the Administrator to establish a project with the objective of developing and testing concepts for an uncrewed aircraft 

that could operate for sustained periods in the atmosphere of Mars. 

Sec. 436. Hypersonics research 

Permits the Administrator to establish a research program with 

the objective of exploring the science and technology of hypersonic 

flight using air-breathing propulsion concepts. 

Sec. 437. NASA aeronautics scholarships 

Requires the Administrator to establish a program of scholarships for full-time graduate students who are U.S. citizens in accredited Masters degree programs in aeronautical engineering at 

institutions of higher education. 

42 

Sec. 438. Aviation weather research 

Permits the Administrator to carry out a collaborative research 

program with NOAA on convective weather events with the goal of 

significantly improving the reliability of two-hour to six-hour aviation weather forecasts. 

Sec. 439. Assessment of wake turbulence research and development 

program 

Requires the Administrator to enter into an arrangement with 

the National Research Council of the National Academy of Sciences 

for an assessment of Federal wake turbulence research and development programs. 

Sec. 440. University-based centers for research on aviation training 

Permits the Administrator to award grants to institutions of 

higher education to establish one or more centers for research on 

aviation training to investigate the impact of new technologies and 

procedures on training requirements for pilots and air traffic controllers. 

TITLE V—HUMAN SPACE FLIGHT 

Sec. 501. International Space Station completion 

Requires NASA to ensure that the ISS is capable of diverse 

microgravity research, supporting a crew of 6 persons, and supporting the docking of the CEV as well as other needed vehicles. 

Requires NASA to report to Congress on contingency plans for the 

ISS during periods for which the Shuttle or other systems are not 

available. 

Sec. 502. Human exploration priorities 

Requires NASA to construct an architecture and implementation 

plan for human exploration that establishes relative priorities for 

each potential element of the plan. Establishes that the top three 

priorities of the human exploration program shall be the development of this architecture, the development of a CEV, and a CEV 

launch vehicle. 

Sec. 503. GAO assessment 

Requires the Comptroller General to conduct an assessment of 

the milestones and estimated costs of the lunar exploration architecture plan. The Act requires NASA to submit to Congress under 

Sec. 102, and to report the results of the assessment to Congress 

within six months of enactment of this Act. 

TITLE VI—OTHER PROGRAM AREAS 

Sec. 601. Orbital debris 

Requires NASA to take steps to develop or acquire technologies 

to enable NASA to reduce the risks associated with orbital debris. 

Sec. 602. Secondary payload capability 

Encourages NASA to provide the capability to support secondary 

payloads on U.S. launch vehicles for satellites or scientific payloads. 

43 

Subtitle B—Education 

Sec. 611. Institutions in NASA’s minority institutions program 

Amends Title III of the VA–HUD Appropriations Act of 1990 (involving NASA establishing a goal of awarding at least 8 percent of 

the total value of the agency’s contracts to small businesses or 

other organizations owned or controlled by socially and economically disadvantaged individuals) to specifically include Historically 

Black Colleges and Universities that are Part B institutions, Hispanic-serving institutions, Tribal Colleges or Universities, Alaskan 

Native-serving institutions, and Native Hawaiian-serving institutions. 

Sec. 612. Program to expand distance learning in rural underserved 

areas 

Encourages NASA to expand educational outreach programs to 

rural communities and schools, and gives priority to schools with 

certain programs. 

Sec. 613. Charles ‘‘Pete’’ Conrad astronomy awards 

Authorizes the NASA Administrator to establish the Charles 

‘Pete’ Conrad Astronomy Awards program, make awards under the 

Program based on the recommendations of the Minor Planet Center, and make one award annually in each of two categories if eligible discoveries or contributions are made. Establishes two award 

categories as follows: (1) an award to the amateur astronomer or 

group of amateur astronomers who in the preceding calendar year 

discovered the intrinsically brightest near-Earth asteroid among 

the near-Earth asteroids that were discovered during that year by 

amateur astronomers or groups of amateur astronomers; and (2) 

the amateur astronomer or group of amateur astronomers who 

made the greatest contribution to the Minor Planet Center’s mission of cataloguing near-Earth asteroids during the preceding year. 

Limits awards to recipients that are U.S. citizens or permanent 

residents and to amount of no greater than $3,000. Establishes 

that the Administrator’s decisions in making the awards are final. 

Sec. 614. Review of education program 

Requires NASA to arrange with the National Academy of 

Sciences to conduct a review of NASA’s education programs including funding priorities as well as the quality and effectiveness of the 

program. 

Sec. 615. Equal access to NASA’s education programs 

Requires the Administrator to strive to ensure equal access for 

minority and economically disadvantaged students to NASA’s education programs. 

TITLE VII—MISCELLANEOUS AMENDMENTS 

Sec. 701. Retrocession of jurisdiction 

Grants NASA the authority to allow State and local law enforcement authorities to enforce speeding, drunk driving, and other laws 

on NASA property, including at NASA’s centers. 

44 

Sec. 702. Extension of indemnification 

Grants NASA an extension of authority to indemnify developers 

of experimental aerospace vehicles with which NASA is involved in 

a cooperative partnership. 

Sec. 703. NASA scholarships 

Makes technical amendments to the NASA Scholarship program. 

Sec. 704. Independent cost analysis 

Amends Sec. 301 of the NASA Authorization Act of 2000 by increasing the amount a project costs that could trigger an independent cost analysis from $150,000,000 to $250,000,000 and by requiring the Administrator, rather than the chief financial officer, to 

conduct the independent cost analysis. 

Sec. 705. Limitations on off-shore performance of contracts for procurement of goods and services 

Limits contractor performance or contracts for procurement of 

goods and services to domestic entities, consistent with U.S. international agreements. Requires NASA to report annually on the 

contracts performed overseas and the amount of purchases by 

NASA from foreign entities. 

TITLE VIII—INDEPENDENT COMMISSIONS 

Sec. 801. Definitions 

Subtitle A—International Space Station Independent Safety 

Commission 

Sec. 811. Establishment of commission 

Requires the President to establish a Commission to assess ISS 

vulnerabilities within 30 days. 

Sec. 812. Tasks of the commission 

Requires the Commission to catalogue the threats to the ISS and 

its vulnerabilities, to make recommendations for corrective actions, 

and to prepare a report to the public, the Congress and the President within one year of establishment. 

Sec. 813. Sunset 

Sunsets the Commission within one year after its establishment. 

Subtitle B—Human Space Flight Independent Investigation 

Commission 

Sec. 821. Establishment of commission 

Requires the President to establish a Commission to investigate 

any incident that results in the loss of a space shuttle, the ISS, or 

any other U.S. space vehicle carrying humans pursuant to a contract with the federal Government within seven days of the incident. 

Sec. 822. Tasks of the commission 

Requires the Commission to investigate and determine the cause 

of the incident and all its contributing factors, to make recVerDate Aug 04 2004 20:33 Jul 19, 2005 Jkt 022474 PO 00000 Frm 00044 Fmt 6659 Sfmt 6602 E:\HR\OC\HR173.XXX HR173
45 

ommendations for corrective action, and report to the public, the 

Congress, and the President. 

Subtitle C—Organization and Operation of Commissions 

Sec. 831. Composition of commissions 

Requires the Commissions in Subtitles A and B to consist of 15 

members chosen by the President, with four members being nominated by the majority and minority of the House and the Senate 

Leadership, and one member being nominated by the collective-bargaining organization that includes the largest number of NASA engineers. 

Sec. 832. Powers of commission 

Establishes that the Commissions in Subtitles A and B may hold 

hearings and take testimony as necessary to carry out their 

charges. 

Sec. 833. Public meetings, information, and hearings 

Requires the Commissions in Subtitles A and B to hold public 

hearings to the extent appropriate and release public versions of 

their reports. 

Sec. 834. Staff of commission 

Allows the Chairmen of the Commissions in Subtitles A and B 

to appoint and fix the compensation of staff. Allows non-NASA 

detailees and consultants to provide services to the Commissions. 

Sec. 835. Compensation and travel expenses 

Sets limits for compensation and travel expenses for members of 

the Commissions in Subtitles A and B. 

Sec. 836. Security clearances for commission members and staff 

Requires the appropriate Federal Agencies or departments to cooperate with the Commissions in Subtitles A and B in expeditiously providing appropriate security clearances to the extent possible. 

Sec. 837. Reporting requirements and termination 

Requires that the Commissions in Subtitles A and B produce 

final reports with all findings, conclusions, and recommendations 

agreed to by the Commissions and any minority views and opinions. Requires the Commissions to be terminated 60 days after the 

final reports are submitted. 

VIII. COMMITTEE VIEWS

Sec. 101(a)(1). NASA’s mission 

The Committee expects NASA to continue to support productive 

programs in human space flight, aeronautics and science, including 

space science, earth science and microgravity. While NASA will obviously have to set priorities among the many demands in each of 

those areas, it must continue to support robust programs in all of 

those pursuits. In making funding and programmatic decisions, 

human space flight, aeronautics and science programs must each 

46 

be evaluated on their own merits. For that reason, this Act directs 

NASA to move ahead with the President’s Vision for Human Space 

Exploration, while coming up with separate ‘‘visions’’ to guide the 

other NASA programs. The Committee is pleased with Administrator Griffin’s commitment to operate NASA as a multi-mission 

agency. 

Sec. 101(a)(2)(B). Commercial products and services 

The Committee expects NASA to use commercially available 

products and services to the extent practicable to support all Administration activities—administrative and office activities, as well 

as mission specific activities where commercial products, particularly software products, can be adapted to meet NASA’s needs relatively easily. Such products include a wide range of commercially 

available engineering analysis software and simulation tools to aid 

in the design, testing, planning, and operation of complex aircraft, 

spacecraft, and mission operations. 

The Committee also expects NASA to pursue commercial arrangements to purchase crew and cargo transportation services 

both before and after the retirement of the Shuttle. NASA should 

review its policies and procurement strategies to make it easier for 

the agency to enter into commercial arrangements for space transportation services. For example, NASA should utilize the market 

offered by the crew and cargo requirements for the international 

space station to encourage commercial providers to develop and 

supply commercial space transportation services. Under such an arrangement, rather than NASA entering into a prime contract with 

detailed specifications on how to build a vehicle, it would instead 

specify the performance criteria of a set of services that, if met, the 

government would agree to buy at a fixed price. Such an approach 

potentially offers affordable and credible risk mitigation for assured 

access to space. 

Sec. 101(a)(2)(C). International cooperation 

The Committee believes that international cooperation is an important aspect of NASA’s mission. NASA needs to work with the 

space station international partners and should honor its agreements with them. Those agreements allow for negotiations. The 

Committee understands that NASA may need to discuss potential 

changes to the configuration of the International Space Station 

(ISS) with the international partners once NASA completes its 

planning for the future of the Shuttle and ISS programs. 

The Committee notes that one central aspect of international cooperation requires Congressional review. The Administration has 

proposed an amendment to the Iran Nonproliferation Act. The 

Committee intends to address that issue in this Act before it is 

sent to the President. 

The Committee encourages NASA to engage potential partners in 

the Vision for Human Space Exploration as early in the planning 

process as possible. 

Sec. 101(c). Aeronautics plan 

The Committee believes a robust civil aeronautics research and 

development program is critical to maintaining U.S. leadership in 

aeronautics and aviation. The Committee is deeply troubled by the 

47 

downward trend over the last decade in funding for NASA’s aeronautics program and the lack of a clear set of goals and priorities. 

Therefore, it is essential that the Administration develop a national 

aeronautics policy to guide government investments in civil aeronautics research so that scarce resources may be applied to the 

highest priority areas. 

In developing the national aeronautics policy, the President, acting through the Administrator, should examine the needs across 

the civil and military aeronautics sectors, and to establish priority 

areas of research that NASA should address. Title IV of the bill 

contains several areas of aeronautics research that NASA must 

consider including in the policy. But before deciding on any particular area of research, NASA must answer fundamental questions 

about the nature of its aeronautics programs, such as whether they 

should contribute to incremental improvements in aviation technology, and what the impact will be on industry if they do not. 

As with all the plans and policies required by section 101, the 

Committee expects NASA to consult widely in developing its plans. 

In cases in which the National Academy of Sciences (or other 

groups) have relevant ongoing studies, NASA should draw on those 

efforts. But NASA may not delay the transmittal of the reports required by section 101 to wait for the completion of another entity’s 

work. 

The Committee understands that NASA will have to update and 

revise the plans and policies required by section 101 in the future. 

By asking for an aeronautics policy that outlines plans through 

2020, for example, the Committee is not attempting to bind NASA 

to that policy for the next 15 years. But NASA and the Congress 

need a clear understanding of what the outlook is for NASA programs to allow for sensible planning and budgeting. 

Sec. 101(d). Science plan 

The priority ranking required by this subsection is a single ranking of all the missions that NASA lists pursuant to paragraph 

(2)(A), not a ranking categorized by theme or any other category. 

Sec. 101(h) and (i). Budget submission 

The Committee is extremely disappointed in the lack of detail on 

funding provided in the fiscal year 2006 budget justification. NASA 

is reminded that the primary purpose of budget justifications is to 

provide needed information to the Congress, and the documents 

must provide sufficient detail and year-to-year comparability to 

allow the budget to be analyzed meaningfully. This Act does not 

list every area in which the Committee expects better detailed information, but rather focuses on areas that are especially critical 

and/or have been especially problematic. 

The Committee expects the budget justifications to provide comparable numbers on the prior year, current year, and requested 

funding levels for each program, project or activity funded within 

each division and directorate in each account; and detailed information on all proposed changes being requested. NASA shall submit to the Committee not later than October 15, 2005, a template 

for its fiscal year 2007 budget justification document that complies 

with this direction. 

48 

The Committee also requests that NASA discontinue the practice 

of including the Integrated Financial Management Program (IFMP) 

within the General and Administrative (G&A) portion of the budget. The Committee directs that NASA budget for, and manage the 

IFMP as a program in its own right, and provide a breakout of the 

five-year budget for the IFMP and each of its elements as part of 

the annual budget submission to the Congress. 

The Committee is also concerned about the lack of clarity regarding amounts of G&A and service pool costs provided in the annual 

budget submission, and how these costs are being charged to programs. To facilitate a more complete understanding of these costs 

and how they relate to each other, NASA should be prepared to 

provide the Committee, upon request, with detailed information 

about Corporate G&A, Center G&A, and service pool costs. This information should include how much G&A and service pool funds 

are to be spent by each Center and by Headquarters and by each 

Mission Directorate, as well as for the major activities included 

under each category. 

In the budget justification document for fiscal year 2006, NASA 

listed major activities and corresponding budget amounts included 

in Corporate G&A, such as the Chief Information Officer and Chief 

Engineer. However, one of the activities listed, ‘‘Headquarters Corporate Activities’’ made up over 40 percent ($373 million) of the 

total Corporate G&A budget without further elaboration. More information about what this particular portion of Corporate G&A 

comprises is necessary. In addition, the Committee directs NASA 

to provide more information on the amounts spent for major activities under Center G&A and service pools. For example, for Center 

G&A, NASA should be prepared to disclose how much each Center 

spends on maintenance, public affairs, construction of facilities, and 

Center support. Center support would include areas such as human 

resources, security, procurement, and financial management. 

Sec. 102(a)(9). James Webb Space Telescope 

The Committee was alarmed to learn of the magnitude of the 

projected increase in cost for the James Webb Space Telescope, especially since the increase is coming at a relatively early stage in 

the program. The Webb telescope is a top priority for the science 

community and enjoys wide support in Congress and with the public, but it still needs to compete against other NASA priorities. 

NASA needs to provide the Committee with a comprehensive plan 

describing how the agency plans to proceed with the program. This 

plan should include an explanation for the projected cost increase, 

a description of the actions being taken to address the cost increase, and a baseline for the program, including an explanation of 

any significant changes in the technical capabilities of the Webb 

telescope, as well as a revised schedule and projected cost. 

Sec. 102(b). Crew Exploration Vehicle (CEV) costs 

Congress needs to understand the full funding implications of 

building the CEV before NASA commits to this major project. That 

statement should not be interpreted as lack of support for the CEV, 

but rather as a recognition of how central CEV development will 

be to NASA’s activities and budget in the coming years. 

49 

For that reason, before NASA enters into a CEV development 

contract, but after NASA has a good sense of what CEV development is likely to cost, NASA must report the expected development 

cost to the Committees of jurisdiction. This is not a transmittal of 

the development contract itself or a detailed description of a yetto-be-signed contract. What the Committees are seeking is a realistic estimate for the total cost of the program that includes contract costs, government costs and reserves. 

Along with the estimate of expected costs, the Act requires NASA 

to calculate two other cost estimates for the CEV based on historic 

experience with cost growth in relevant programs. NASA should 

consult the September 2004 Congressional Budget Office report, A 

Budgetary Analysis of NASA’s New Vision for Space Exploration, 

in developing the cost estimates. 

The Act then requires NASA to prepare new ‘‘sand charts’’ covering the period through 2020 that show the expected figures for 

NASA’s primary program areas using each of the CEV cost estimates required by this subsection. All three sand charts should assume inflationary growth for NASA’s total funding throughout the 

period. 

Sec. 102(c). Space communications 

The Committee recognizes the vital role that space communications play in current space operations for NASA, as well as other 

federal agencies, and the role space communications will play in future science and exploration missions. The Committee is concerned 

that NASA has not adequately funded plans to continue to support 

its users, particularly users of the Tracking and Data Relay Satellite System and the Deep Space Network. Without sufficient 

planning and investment NASA could find itself with limited capabilities that will not meet critical mission needs. Therefore, NASA, 

in consultation with relevant federal agencies, must develop and 

implement a long-term plan to meet all projected requirements for 

its space communications. 

Sec. 102(e). Joint Dark Energy Mission 

Within the last four years the discovery of dark energy has 

stirred tremendous excitement in the science community, yet, very 

little is known about this mysterious phenomenon. The Committee 

understands that the Department of Energy and NASA have been 

collaborating on concepts for a Joint Dark Energy Mission (JDEM). 

However, the Committee has received inconsistent and conflicting 

information regarding plans for JDEM. While this Act does not require the JDEM mission to be undertaken, the Committee encourages the mission because of its enormous scientific potential. The 

Act requires the Department of Energy and NASA to jointly submit 

a single report describing the status of JDEM. 

Sec. 103. Baselines and cost controls 

Section 103 is designed to help both NASA and Congress spot potential cost growth and schedule problems early in the development 

phase of a major program. The provision is not intended to discourage risk taking, but is meant to encourage managers to identify 

risks as early as possible when they are more readily managed and 

solutions are more easily implemented. 

50 

Under the Act, a Baseline Report is required whenever a major 

program completes the required reviews and is approved to proceed 

to implementation, as defined in NASA Procedural Requirement 

(NPR) 7120.5C, dated March 22, 2005. After the Baseline Report, 

the Act requires NASA to report on a major program through an 

Annual Report, which is to be provided as part of the annual agency budget submittal to the Congress, until the major program enters operation. For flight systems and ground support projects 

Major Program Annual Reports would be due during Phase C and 

D implementation, as defined in NPR 7120.5C, dated March 22, 

2005. 

The legislation defines development to be the phase of a program 

following the formulation phase and beginning with the approval 

to proceed to implementation and ending with the achievement of 

operational readiness. Therefore, in general, the provision does not 

apply to programs that are in the formulation phase or operational. 

However, programs that are in the formulation phase at the time 

of enactment that have contracts already in place that include the 

development phase, such as the James Webb Space Telescope, 

must submit a Baseline Report and subsequent Major Program Annual Reports in the same manner and timing as those that have 

already entered into development. NASA should notify the Committee as soon as possible following enactment of this Act of any 

other programs in the formulation phase that have contracts in 

place that cover any part of the development phase. 

The provision defines a ‘‘major program’’ as an activity with a life-cycle cost estimate greater than $100 million. Such major activities include many of NASA’s traditional space and ground system programs, but would also include major mission support programs, such as the Integrated Financial Management Program, 

and major facility construction projects if the total cost is greater 

than $100 million. The Committee expects that NASA will provide 

individual Baseline Reports and Major Program Annual Reports 

and not lump separate development programs together into a single program for reporting purposes under this provision. For example, NASA must not aggregate all of the Mars missions together as 

one Mars program. The individual Mars missions are separate development projects and should be reported as such. This same philosophy of reporting should be carried out across the agency’s programs. 

In the case of the International Space Station, the Committee directs NASA to submit a Baseline Report and annual updates because space station assembly is not yet complete and has not yet 

achieved full operational readiness. In the case of the Space Shuttle, the Committee does not require a Baseline Report or annual 

updates for the program as a whole, but would expect that such reports would be submitted for those development projects or upgrades that are undertaken as part of the Space Shuttle program 

that meet the spending threshold for a ‘‘major program.’’ 

Sec. 104. Prizes 

The Committee encourages NASA to spur technology development through the offering of prizes. Any prize program must be 

conducted in accordance with this Act. NASA must work to ensure 

that nothing about a contest—the way the technology or activity is 

51 

described, the way winners will be judged, the judges themselves— 

introduces a bias. 

The Act makes clear that no prize competition can be announced 

until the full amount of the announced prize is in hand, whether 

from Federal appropriations or outside funds or both. NASA may 

subsequently increase the announced size of the prize, but again 

only if the additional amount is in hand. NASA may accept private 

contributions toward a prize, but must make sure that there is no 

quid pro quo, real or apparent, with regard to private contributions, and that the contribution will not raise conflict of interest 

issues either in the prize program or any other NASA program. 

The Act makes clear that funds appropriated for the prize competition are ‘‘no year’’ funds. Such funds are absolutely unavailable 

for any other purpose and may not be reprogrammed until at least 

10 years have elapsed from the initial appropriation. Any funds reprogrammed after 10 years would be available for only two years 

after the reprogramming (like other NASA funds). 

Under the Act, federal employees may participate in prize competitions in the same fashion as any other eligible party as long as 

they are not acting within the scope of their federal employment, 

and are abiding by all applicable Federal regulations regarding 

outside activities. 

Sec. 105. Use of foreign launch vehicles 

The Committee was very disturbed by the way NASA handled 

the use of a foreign launch vehicle, the European Ariane, for the 

James Webb Space Telescope. In that case, NASA basically assumed in its planning that the Ariane would be used for the Webb, 

and then sought approval for the rocket’s use at a point when a 

disapproval would have created significant problems for the mission. 

While the Committee recognizes the importance and the benefits 

of international cooperation, such cooperation should not be pursued by waiting until it is too late or too costly for the interagency 

coordination process to materially inform the final decision. The 

Committee expects NASA to initiate the interagency coordination 

process as early in the program as possible. Further, the Committee directs that NASA include funds for a U.S. launch vehicle 

in its budget for any program contemplating the use of a foreign 

launch vehicle until final approval to use a foreign launch vehicle 

has been granted. 

Sec. 106. Safety management 

The Committee acknowledges the outstanding work of the Columbia Accident Investigation Board (CAIB), headed by retired Admiral Harold W. Gehman, Jr., in evaluating both the proximate 

cause of the Columbia accident, as well as the management and organizational causes that contributed to the accident. The Committee also appreciates the excellent work and persistence of the 

Stafford-Covey Return to Flight Task Group in evaluating NASA’s 

compliance with the CAIB recommendations. Included in those recommendations are management and organizational changes designed to improve overall system safety through increased emphasis on technical rigor and independent lines of communication in 

management reporting. 

52 

Many of the CAIB recommendations go beyond fixing the proximate cause of the Columbia accident, and will require ongoing evaluation and oversight. Indeed, NASA has decided to have the new 

Independent Technical Authority work on projects agency-wide, 

and the Committee applauds that decision. The Committee is 

therefore increasing the role of the Aerospace Safety Advisory 

Panel to include continuing evaluation of NASA’s compliance with 

the CAIB’s return-to-flight and continue-to-fly recommendations. 

Sec. 201. Budgetary structure 

The Act establishes a budgetary structure for NASA for fiscal 

year 2007 and thereafter that consists of the following four appropriation accounts: ‘‘Science, Aeronautics, and Education,’’ ‘‘Exploration Systems,’’ ‘‘Space Operations,’’ and ‘‘Inspector General’’. 

The Science, Aeronautics, and Education appropriation account 

shall include all of the programs in the current Science (including 

both space science and earth science), Aeronautics, and Education 

lines proposed in the fiscal year 2006 request, except that the 

Robotic Lunar Exploration Program shall be transferred to the Exploration Systems appropriation account, as NASA has proposed. 

The Exploration Systems appropriation account shall include all 

programs currently in the Exploration Systems line in the fiscal 

year 2006 budget request, as well as the Robotic Lunar Exploration 

Program, the Space and Flight Support line and the ISS Crew and 

Cargo services line, which are transferred from the Space Operations account. 

The Space Operations appropriation account shall consist of the 

International Space Station and Space Shuttle programs only. 

Secs. 202 and 203. Authorizations 

The Act authorizes $6,870,200,000 for fiscal year 2006 for Science, Aeronautics and Education, which includes $962,000,000 

for aeronautics, an increase of $109,700,000 over the request, but 

flat funding with fiscal year 2005, based on the most recent Operating Plan. The account also includes $150,000,000 for a Hubble 

servicing mission, which was not included in the request. And the 

account includes $24,000,000 for the Space Grant College and Fellowship Program. The Act does not specify how money should be 

allocated within the account beyond those breakouts. In calculating 

the authorization levels in the account for fiscal year 2006, the 

Committee assumed that money would be needed above the requested level to begin addressing projected cost increases for the 

Webb Space Telescope, as well as to provide additional funding to 

restore the Glory mission as suggested in the report accompanying 

the House appropriation for NASA. 

For fiscal year 2007, the bill provides $7,331,600,000. Again the 

Act does not specify breakdowns beyond those in subparagraphs (A) 

and (B). The Committee’s assumptions included providing funding 

above the requested level for a Hubble servicing mission, the Webb 

Space Telescope, Glory and the Global Precipitation Mission. 

The Act does not provide any breakdown of funding within the 

Exploration Systems account because NASA is still determining 

the details and funding for the programs in that account. The Act 

makes clear that development of the CEV is the highest priority in 

the account. The Committee believes that nuclear power may evenVerDate Aug 04 2004 20:33 Jul 19, 2005 Jkt 022474 PO 00000 Frm 00052 Fmt 6659 Sfmt 6602 E:\HR\OC\HR173.XXX HR173
53 

tually be required for long duration human missions on the surface 

of the Moon, but is not critical to returning humans to the Moon 

by 2020. 

The Committee, therefore, believes that Project Prometheus is a 

lower priority for the near-term than technologies necessary to return to the Moon. 

The authorizations for Space Operations (which includes only 

Space Shuttle and ISS funding) and the Inspector General are at 

the requested levels. 

The Committee supports the Administrator’s general philosophy 

of handling budget shortfalls by cutting or eliminating lower-priority programs rather than reducing all programs. As the CAIB 

pointed out, for too long, NASA and the Congress have attempted 

to do too much within a constrained NASA budget. 

Sec. 205. Test facilities 

The Committee is concerned that NASA’s implementation of full 

cost accounting to calculate charges for use of its facilities, including wind tunnels and other testing facilities, has driven many traditional commercial customers to overseas facilities. The Committee strongly believes that the current full cost pricing policy is 

counterproductive to U.S. interests. Therefore, the Committee directs NASA to adopt a pricing policy that is competitive, and to establish a test facilities funding account that the agency can use to 

supplement receipts from commercial and other users. 

Sec. 206. Proportionality 

This section includes standard authorizing language describing 

how to calculate the authorization levels in the paragraphs and 

subparagraphs in sections 202 and 203, if appropriated levels for 

the agency as a whole are lower than authorized. The recalculated 

authorization levels are the ones on which the limitation in section 

207 would apply. 

Secs. 207 and 208. Operating plans 

In keeping with these sections, the Committee directs NASA to 

transmit any Operating Plan to the authorizing Committees at the 

same time as the transmittal to the appropriations Committees. 

Sec. 301. Performance assessments 

The Committee intends the term ‘‘discipline’’ to mean astronomy 

and astrophysics, planetary and lunar exploration, solar and space 

physics, earth science, microgravity research, space biology and 

medicine, and the origins and evolution of life. 

Sec. 302. Hubble Space Telescope 

The Hubble Space Telescope is a national treasure. The Committee concurs with the Administrator’s decision to move forward 

with the planning of a Hubble servicing mission while waiting until 

completion of the two space shuttle test flights to determine whether a Shuttle servicing mission can be accomplished with reasonable 

safety. 

54 

Sec. 304. Assessment of science missions 

The Committee notes that the reporting requirement in this section applies only to the nine missions identified in subsection (a)(1), 

and assumes that the assessment of these missions will be contained within a single report. 

Sec. 306. Coordination with the National Oceanic and Atmospheric 

Administration (NOAA) 

NASA and NOAA have complementary responsibilities and must 

work together more closely to ensure that both agencies’ missions 

are accomplished in the most efficient manner. The Committee is 

pleased that the agencies are setting up a Joint Working Group, an 

effort to deal with issues that the National Academy of Sciences 

had recommended handling through a new Interagency Transition 

Office. 

NASA and NOAA must cooperate through all phases of related 

missions. They cannot wait, for example, until a NASA mission is 

about to end to determine whether NOAA has an interest in seeing 

the mission continue or in adapting its technology to a NOAA mission. Similarly, NASA cannot simply assume that NOAA can offer 

a platform for a NASA instrument. The Committee will scrutinize 

closely the reports transmitted under subsection (b) to ensure that 

coordination is adequate. 

Subtitle B of Title III. Remote Sensing Applications Act of 2005 

The text of the subtitle is identical to H.R. 426, the Remote Sensing Applications Act of 2005, as reported by the Committee on May 

17, 2005, except that it does not include any authorization levels 

for funding. The Committee report for H.R. 426 is House Report 

109–157. 

Subtitle C of Title III. George E. Brown, Jr. Near-Earth Object Survey Act of 2005 

The text of the subtitle is nearly identical to H.R. 1022, the 

George E. Brown, Jr. Near-Earth Object Survey, as reported by the 

Committee on May 17, 2005, except that it does not include any authorization levels for funding. The Committee report for H.R. 1022 

is House Report 109–158. 

Sec. 502. Architecture plan 

The human exploration plan required by this section may have 

milestones. However, the plan should be sufficiently robust and 

flexible that if the milestones begin to slip for any reason, the entire program would not have to be significantly altered or scrapped. 

Sec. 613. Charles ‘‘Pete Conrad’’ Astronomy Awards Act of 2005 

The text of the section is identical to H.R. 1023, the Charles 

‘‘Pete Conrad’’ Astronomy Awards, as reported by the Committee 

on March 17, 2005 and passed by the House on May 10, 2005, except that it does not include any authorization of funding. The 

Committee report for H.R. 1023 is House Report 109–37. 

Sec. 614. Review of education programs 

The Committee is concerned that there has been scant review of 

the productivity of NASA’s education programs, particularly those 

55 

at the K–12 level. Therefore, the Committee is requiring a review 

by the National Academy of Sciences of the efficacy of the agency’s 

education programs. The review should examine which programs 

are most successful and why, and which programs are not having 

an impact and why. 

The Committee expects all future NASA education program 

grants to include an evaluation component as part of the grant. 

That is, some of the grant funds should be set-aside for an independent evaluation of the success of the particular project. 

Sec. 705. Limitations on off-shore contracts 

The limitations on the performance of off-shore contracts in section 705 do not apply to international barter arrangements, such 

as the agreements with the international partners on the International Space Station. 

IX. COST ESTIMATE

Due to time constraints, neither a cost estimate and comparison 

prepared by the Director of the Congressional Budget Office under 

section 402 of the Congressional Budget Act of 1974, nor a statement required by section 308(a) of the Congressional Budget Act of 

1974 were included in the report as required by House rule XIII, 

clauses 3(c)(2) and (3). When received by the Committee they will 

appear in the Congressional Record. 

X. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

The Committee believes that H.R. 3070 will not increase direct 

spending. In addition, the authorization level in H.R. 3070 for fiscal 

year 2006 is identical to that for the National Aeronautics and 

Space Administration in H.R. 2862, the Fiscal Year 2006 Science, 

State, Justice, Commerce, and Related Agencies Appropriations 

Act, as approved on June 16, 2005 by the House of Representatives. The legislation’s authorization level for fiscal year 2007 is 

identical to that proposed for the National Aeronautics and Space 

Administration for fiscal year 2007 in the President’s Budget Request for Fiscal Year 2006. 

XI. COMPLIANCE WITH PUBLIC LAW 104–4 (UNFUNDED MANDATES) 

H.R. 3070 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 rule XIII, clause 3(c)(4) of the House of Representatives the general performance goals and objectives of H.R. 3070 are 

to authorize the human space flight, aeronautics, and science programs of the National Aeronautics and Space Administration. 

56 

XIV. CONSTITUTIONAL AUTHORITY STATEMENT

Article I, section 8 of the Constitution of the United States 

grants Congress the authority to enact H.R. 3070. 

XV. FEDERAL ADVISORY COMMITTEE STATEMENT

The functions of the advisory committee authorized in H.R. 3070 

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. 3070 does not relate to the terms 

and conditions of employment or access to public services or accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act (Public Law 104–1). 

XVII. STATEMENT ON PREEMPTION OF STATE, LOCAL, OR TRIBAL

LAW

This bill is not intended to preempt any State, local, or tribal 

law. 

XVIII. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

existing law in which no change is proposed is shown in roman): 

NATIONAL AERONAUTICS AND SPACE ACT OF 1958 

* * * * * * * 

TITLE I—SHORT TITLE, DECLARATION OF POLICY, AND 

DEFINITIONS 

* * * * * * * 

DECLARATION OF POLICY AND PURPOSE

SEC. 102. (a) * * * 

* * * * * * * 

(g) The Congress declares that the general welfare and security of 

the United States require that the unique competence of the National Aeronautics and Space Administration be directed to detecting, tracking, cataloguing, and characterizing near-Earth asteroids 

and comets in order to provide warning and mitigation of the potential hazard of such near-Earth objects to the Earth. 

ø(g)¿ (h) It is the purpose of this Act to carry out and effectuate 

the policies declared in subsections (a), (b), (c), (d), (e), øand (f)¿ (f), 

and (g). 

* * * * * * * 

57 

TITLE III—MISCELLANEOUS 

* * * * * * * 

EXPERIMENTAL AEROSPACE VEHICLE

SEC. 309. (a) * * * 

* * * * * * * 

(f) TERMINATION.— 

(1) IN GENERAL.—The provisions of this section shall terminate on øDecember 31, 2002, except that the Administrator 

may extend the termination date to a date not later than September 30, 2005¿ December 31, 2010, except that the Administrator may extend the termination date to a date not later than 

September 30, 2015, if the Administrator has entered into an 

arrangement with the National Academy of Public Administration to determine the impact on private parties and the Federal 

Government of eliminating this section, if the Administrator determines that such extension is in the interests of the United 

States. 

* * * * * * * 

øFULL COST APPROPRIATIONS ACCOUNT STRUCTURE

øSEC. 313. (a) Appropriations for the Administration for fiscal 

year 2005 and thereafter shall be made in three accounts, ‘‘Exploration capabilities’’, ‘‘Science, aeronautics and exploration’’, and an 

account for amounts appropriated for the necessary expenses of the 

Office of Inspector General. Appropriations shall remain available 

for 2 fiscal years. Each account shall include the planned full costs 

of the Administration’s related activities. 

ø(b) To ensure the safe, timely, and successful accomplishment of 

Administration missions, the Administration may transfer amounts 

for Federal salaries and benefits; training, travel and awards; facility and related costs; information technology services; publishing 

services; science, engineering, fabricating and testing services; and 

other administrative services among accounts, as necessary. 

ø(c) The unexpired balances of prior appropriations to the Administration for activities authorized under this Act may be transferred to the new account established for such activity in subsection (a). Balances so transferred may be merged with funds in 

the newly established account and thereafter may be accounted for 

as one fund under the same terms and conditions.¿ 

SEC. 313. BUDGETARY ACCOUNTS. 

Appropriations for the Administration for fiscal year 2007 and 

thereafter shall be made in four accounts, ‘‘Science, Aeronautics, 

and Education’’, ‘‘Exploration Systems’’, ‘‘Space Operations’’, and an 

account for amounts appropriated for the necessary expenses of the 

Office of the Inspector General. Appropriations shall remain available for two fiscal years, unless otherwise specified in law. Each account shall include the planned full costs of Administration activities. 

58 

PRIZE AUTHORITY

SEC. 314. (a) IN GENERAL.—The Administration may carry out a 

program to competitively award cash prizes to stimulate innovation 

in basic and applied research, technology development, and prototype demonstration that have the potential for application to the 

performance of the space and aeronautical activities of the Administration. The Administration may carry out a program to award 

prizes only in conformity with this section. 

(b) TOPICS.—In selecting topics for prize competitions, the Administrator shall consult widely both within and outside the Federal 

Government, and may empanel advisory committees. 

(c) ADVERTISING.—The Administrator shall widely advertise prize 

competitions to encourage participation. 

(d) REQUIREMENTS AND REGISTRATION.—For each prize competition, the Administrator shall publish a notice in the Federal Register announcing the subject of the competition, the rules for being 

eligible to participate in the competition, the amount of the prize, 

and the basis on which a winner will be selected. 

(e) ELIGIBILITY.—To be eligible to win a prize under this section, 

an individual or entity— 

(1) shall have registered to participate in the competition pursuant to any rules promulgated by the Administrator under 

subsection (d); 

(2) shall have complied with all the requirements under this 

section; 

(3) in the case of a private entity, shall be incorporated in 

and maintain a primary place of business in the United States, 

and in the case of an individual, whether participating singly 

or in a group, shall be a citizen or permanent resident of the 

United States; and 

(4) shall not be a Federal entity or Federal employee acting 

within the scope of their employment. 

(f) LIABILITY.—(1) Registered participants must agree to assume 

any and all risks and waive claims against the United States Government and its related entities, except in the case of willful misconduct, for any injury, death, damage, or loss of property, revenue, 

or profits, whether direct, indirect, or consequential, arising from 

their participation in a competition, whether such injury, death, 

damage, or loss arises through negligence or otherwise. For the purposes of this subparagraph, the term ‘‘related entity’’ means a contractor or subcontractor at any tier, and a supplier, user, customer, 

cooperating party, grantee, investigator, or detailee. 

(2) Participants must obtain liability insurance or demonstrate financial responsibility in amounts to compensate for the maximum 

probable loss, as determined by the Administrator, from claims by— 

(A) a third party for death, bodily injury, or property damage, 

or loss resulting from an activity carried out in connection with 

participation in a competition, with the Federal Government 

named as an additional insured under the registered participant’s insurance policy and registered participants agreeing to 

indemnify the Federal Government against third party claims 

for damages arising from or related to competition activities; 

and 

59 

(B) the United States Government for damage or loss to Government property resulting from such an activity. 

(g) JUDGES.—For each competition, the Administration, either directly or through a contract under subsection (h), shall assemble a 

panel of qualified judges from both within and outside the Administration to select the winner or winners of the prize competition on 

the basis described pursuant to subsection (d). Judges for each competition shall include individuals from the private sector. A judge 

may not— 

(1) have personal or financial interests in, or be employees, officers, directors, or agents of, any entity that is a registered participant in a competition; or 

(2) have a familial or financial relationship with an individual who is a registered participant. 

(h) ADMINISTERING THE COMPETITION.—The Administrator may 

enter into an agreement with a private, nonprofit entity to administer the prize competition, subject to the provisions of this section. 

(i) FUNDING.—(1) The Administrator may accept funds from other 

Federal agencies and from the private sector for cash prizes under 

this section. Such funds shall not increase the amount of a prize 

after the amount has been announced pursuant to subsection (d). 

The Administrator may not give any special consideration to any 

private sector entity in return for a donation. 

(2) Funds appropriated for the program under this section shall 

remain available until expended, and may be transferred, reprogrammed, or expended for other purposes only after the expiration 

of 10 fiscal years after the fiscal year for which the funds were originally appropriated. No provision in this section permits obligation 

or payment of funds in violation of the Anti-Deficiency Act (31 

U.S.C. 1341). 

(3) No prize may be announced under subsection (d) until all the 

funds for that prize have been appropriated or obligated for such 

purpose by a private sector source. 

(4) No prize competition under this section may offer a prize in 

an amount greater than $10,000,000 unless 30 days have elapsed 

after written notice has been provided to the Committee on Science 

of the House of Representatives and the Committee on Commerce, 

Science, and Transportation of the Senate. 

(j) USE OF NASA NAME AND INSIGNIA.—A registered participant 

in a competition under this section may use the Administration’s 

name, initials, or insignia only after prior review and written approval by the Administration. 

(k) COMPLIANCE WITH EXISTING LAW.—The Federal Government 

shall not, by virtue of offering or providing a prize under this section, be responsible for compliance by registered participants in a 

prize competition with Federal law, including licensing, export control, and nonproliferation laws, and related regulations. 

* * * * * * * 

RETROCESSION OF JURISDICTION

SEC. 316. (a) Notwithstanding any other provision of law, the Administrator may relinquish to a State all or part of the legislative 

jurisdiction of the United States over lands or interests under the 

control of the Administrator in that State. 

60 

(b) For purposes of this section, the term ‘‘State’’ means any of the 

several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, 

the Northern Mariana Islands, and any other commonwealth, territory, or possession of the United States. 

* * * * * * * 

SECTION 6 OF THE NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION AUTHORIZATION ACT, 1968 

SEC. 6. (a) IN GENERAL.—There is hereby established an Aerospace Safety Advisory Panel consisting of a maximum of nine members who shall be appointed by the Administrator for terms of six 

years each. The Panel shall review safety studies and operations 

øplans referred to it¿ plans referred to it, including evaluating the 

National Aeronautics and Space Administration’s compliance with 

the return-to-flight and continue-to-fly recommendations of the Columbia Accident Investigation Board, and shall make reports thereon, shall advise the Administrator and the Congress with respect 

to the hazards of proposed or existing facilities and proposed operations øand with respect to the adequacy of proposed or existing 

safety standards and shall¿, with respect to the adequacy of proposed or existing safety standards, and with respect to management 

and culture. The Panel shall also perform such other duties as the 

Administrator may request. One member shall be designated by 

the Panel as its Chairman. Members of the Panel who are officers 

or employees of the Federal Government shall receive no compensation for their services as such, but shall be allowed necessary 

travel expenses (or in the alternative, mileage for use of privately 

owned vehicles and a per diem in lieu of subsistence not to exceed 

the rates and amounts prescribed in 5 U.S.C. 5702, 5704), and 

other necessary expenses incurred by them in the performance of 

duties vested in the Panel, without regard to the provisions of subchapter I, chapter 57 of title 5 of the United States Code, the 

Standardized Government Travel Regulations, or 5 U.S.C. 5731. 

Members of the Panel appointed from outside the Federal Government shall each receive compensation at a rate not to exceed the 

per diem rate equivalent to the rate for GS–18 for each day such 

member is engaged in the actual performance of duties vested in 

the Panel in addition to reimbursement for travel, subsistence, and 

other necessary expenses in accordance with the provisions of the 

foregoing sentence. Not more than four such members shall be chosen from among the officers and employees of the National Aeronautics and Space Administration. 

(b) ANNUAL REPORT.—The Panel shall submit an annual report 

to the Administrator and to the Congress. In the first annual report 

submitted after the date of enactment of the National Aeronautics 

and Space Administration Authorization Act of 2005, the Panel 

shall include an evaluation of the Administration’s safety management culture. Each annual report shall include an evaluation of the 

Administration’s compliance with the recommendations of the Columbia Accident Investigation Board. 

61 

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 

AUTHORIZATION ACT OF 2000 

* * * * * * * 

TITLE II—INTERNATIONAL SPACE 

STATION 

* * * * * * * 

øSEC. 202. COST LIMITATION FOR THE INTERNATIONAL SPACE STATION. 

ø(a) LIMITATION OF COSTS.— ø(1) IN GENERAL.—Except as provided in subsections (c) and 

(d), the total amount obligated by the National Aeronautics 

and Space Administration for— 

ø(A) costs of the International Space Station may not ex- ceed $25,000,000,000; and 

ø(B) space shuttle launch costs in connection with the 

assembly of the International Space Station may not exceed $17,700,000,000. 

ø(2) CALCULATION OF LAUNCH COSTS.—For purposes of paragraph (1)(B)— 

ø(A) not more than $380,000,000 in costs for any single 

space shuttle launch shall be taken into account; and 

ø(B) if the space shuttle launch costs taken into account 

for any single space shuttle launch are less than 

$380,000,000, then the Administrator shall arrange for a 

verification, by the General Accounting Office, of the accounting used to determine those costs and shall submit 

that verification to the Congress within 60 days after the 

date on which the next budget request is transmitted to 

the Congress. 

ø(b) COSTS TO WHICH LIMITATION APPLIES.— 

ø(1) DEVELOPMENT COSTS.—The limitation imposed by subsection (a)(1)(A) does not apply to funding for operations, research, or crew return activities subsequent to substantial 

completion of the International Space Station. 

ø(2) LAUNCH COSTS.—The limitation imposed by subsection 

(a)(1)(B) does not apply— 

ø(A) to space shuttle launch costs in connection with operations, research, or crew return activities subsequent to 

substantial completion of the International Space Station; 

ø(B) to space shuttle launch costs in connection with a 

launch for a mission on which at least 75 percent of the 

shuttle payload by mass is devoted to research; nor 

ø(C) to any additional costs incurred in ensuring or enhancing the safety and reliability of the space shuttle. 

ø(3) SUBSTANTIAL COMPLETION.—For purposes of this subsection, the International Space Station is considered to be 

substantially completed when the development costs comprise 

5 percent or less of the total International Space Station costs 

for the fiscal year. 

ø(c) NOTICE OF CHANGES TO SPACE STATION COSTS.—The Administrator shall provide with each annual budget request a written 

62 

notice and analysis of any changes under subsection (d) to the 

amounts set forth in subsection (a) to the Senate Committees on 

Appropriations and on Commerce, Science, and Transportation and 

to the House of Representatives Committees on Appropriations and 

on Science. In addition, such notice may be provided at other times, 

as deemed necessary by the Administrator. The written notice shall 

include— 

ø(1) an explanation of the basis for the change, including the 

costs associated with the change and the expected benefit to 

the program to be derived from the change; 

ø(2) an analysis of the impact on the assembly schedule and 

annual funding estimates of not receiving the requested increases; and 

ø(3) an explanation of the reasons that such a change was 

not anticipated in previous program budgets. 

ø(d) FUNDING FOR CONTINGENCIES.— 

ø(1) NOTICE REQUIRED.—If funding in excess of the limitation 

provided for in subsection (a) is required to address the contingencies described in paragraph (2), then the Administrator 

shall provide the written notice required by subsection (c). In 

the case of funding described in paragraph (3)(A), such notice 

shall be required prior to obligating any of the funding. In the 

case of funding described in paragraph (3)(B), such notice shall 

be required within 15 days after making a decision to implement a change that increases the space shuttle launch costs in 

connection with the assembly of the International Space Station. 

ø(2) CONTINGENCIES.—The contingencies referred to in paragraph (1) are the following: 

ø(A) The lack of performance or the termination of participation of any of the International countries party to the 

Intergovernmental Agreement. 

ø(B) The loss or failure of a United States-provided element during launch or on-orbit. 

ø(C) On-orbit assembly problems. 

ø(D) New technologies or training to improve safety on 

the International Space Station. 

ø(E) The need to launch a space shuttle to ensure the 

safety of the crew or to maintain the integrity of the station. 

ø(3) AMOUNTS.—The total amount obligated by the National 

Aeronautics and Space Administration to address the contingencies described in paragraph (2) is limited to— 

ø(A) $5,000,000,000 for the International Space Station; 

and 

ø(B) $3,540,000,000 for the space shuttle launch costs in 

connection with the assembly of the International Space 

Station. 

ø(e) REPORTING AND REVIEW.— 

ø(1) IDENTIFICATION OF COSTS.— 

ø(A) SPACE SHUTTLE.—As part of the overall space shuttle program budget request for each fiscal year, the Administrator shall identify separately— 

63 

ø(i) the amounts of the requested funding that are 

to be used for completion of the assembly of the International Space Station; and 

ø(ii) any shuttle research mission described in subsection (b)(2). 

ø(B) INTERNATIONAL SPACE STATION.—As part of the 

overall International Space Station budget request for each 

fiscal year, the Administrator shall identify the amount to 

be used for development of the International Space Station. 

ø(2) ACCOUNTING FOR COST LIMITATIONS.—As part of the annual budget request to the Congress, the Administrator shall 

account for the cost limitations imposed by subsection (a). 

ø(3) VERIFICATION OF ACCOUNTING.—The Administrator shall 

arrange for a verification, by the General Accounting Office, of 

the accounting submitted to the Congress within 60 days after 

the date on which the budget request is transmitted to the 

Congress. 

ø(4) INSPECTOR GENERAL.—Within 60 days after the Administrator provides a notice and analysis to the Congress under 

subsection (c), the Inspector General of the National Aeronautics and Space Administration shall review the notice and 

analysis and report the results of the review to the committees 

to which the notice and analysis were provided.¿ 

* * * * * * * 

TITLE III—MISCELLANEOUS 

SEC. 301. REQUIREMENT FOR INDEPENDENT COST ANALYSIS. 

(a) REQUIREMENT.—Before any funds may be obligated for 

øPhase B¿ implementation of a project that is projected to cost 

more than ø$150,000,000¿ $250,000,000 in total project costs, the 

øChief Financial Officer¿ Administrator for the National Aeronautics and Space Administration shall conduct and consider an 

independent life-cycle cost analysis of such project and shall report 

the results to Congress. In developing cost accounting and reporting standards for carrying out this section, the øChief Financial Officer¿ Administrator shall, to the extent practicable and consistent 

with other laws, solicit the advice of expertise outside of the National Aeronautics and Space Administration. 

ø(b) DEFINITION.—For purposes of this section, the term ‘‘Phase 

B’’ means the latter stages of project formulation, during which the 

final definition of a project is carried out and before project implementation (which includes the Design, Development, and Operations Phases) begins.¿ 

(b) IMPLEMENTATION DEFINED.—In this section, the term ‘‘implementation’’ means all activity in the life cycle of a project after preliminary design, independent assessment of the preliminary design, 

and approval to proceed into implementation, including critical design, development, certification, launch, operations, disposal of asVerDate Aug 04 2004 22:04 Jul 19, 2005 Jkt 022474 PO 00000 Frm 00063 Fmt 6659 Sfmt 6603 E:\HR\OC\HR173.XXX HR173
64 

sets, and, for technology programs, development, testing, analysis 

and communication of the results. 

* * * * * * * 

DEPARTMENTS OF VETERANS AFFAIRS AND HOUSING 

AND URBAN DEVELOPMENT, AND INDEPENDENT 

AGENCIES APPROPRIATIONS ACT, 1990 

* * * * * * * 

TITLE III 

* * * * * * * 

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

* * * * * * * 

SPACE FLIGHT, CONTROL AND DATA COMMUNICATIONS

* * * * * * * 

ADMINISTRATIVE PROVISIONS

SMALL AND DISADVANTAGED BUSINESS

The NASA Administrator shall annually establish a goal of at 

least 8 per centum of the total value of prime and subcontracts 

awarded in support of authorized programs, including the space 

station by the time operational status is obtained, which funds will 

be made available to small business concerns or other organizations owned or controlled by socially and economically disadvantaged individuals (within the meaning of section 8(a) (5) and (6) of 

the Small Business Act (15 U.S.C. 637(a) (5) (6)), including øHistorically Black Colleges and Universities and¿ Historically Black 

Colleges and Universities that are part B institutions (as defined in 

section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 

1061(2))), Hispanic-serving institutions (as defined in section 

502(a)(5) of that Act (20 U.S.C. 1101a(a)(5))), Tribal Colleges or 

Universities (as defined in section 316(b)(3) of that Act (20 U.S.C. 

1059c(b)(3))), Alaskan Native-serving institutions (as defined in section 317(b)(2) of that Act (20 U.S.C. 1059d)(b)(2))), Native Hawaiian-serving institutions (as defined in section 317(b)(4) of that Act 

(20 U.S.C. 1059d(b)(4))), and minority educational institutions (as 

defined by the Secretary of Education pursuant to the General 

Education Provisions Act (20 U.S.C. 1221 et seq.)). 

To facilitate progress in reaching this goal, the NASA Administrator shall submit within one year from enactment of this Act a 

plan describing the process to be followed to achieve the prescribed 

level of participation in the shortest practicable time. 

* * * * * * * 

SECTION 9809 OF TITLE 5, UNITED STATES CODE 

§ 9809. Science and technology scholarship program 

(a)(1) * * * 

65 

(2) Individuals shall be selected to receive scholarships under 

this section through a competitive process primarily on the basis of 

academic merit, with consideration given to financial need and the 

goal of promoting the participation of individuals identified in section 33 or 34 of the Science and Engineering Equal Opportunities 

Act (42 U.S.C. 1885a or 1885b). 

* * * * * * * 

(c) An individual seeking a scholarship under this section shall 

submit an application to the Administrator at such time, in such 

manner, and containing such information, agreements, or assurances as the Administrator may require to carry out this section. 

* * * * * * * 

(f)(1) The period of service for which an individual shall be obligated to serve as an employee of the Administration is, except as 

provided in subsection (h)(2), 24 months for each academic year for 

which a scholarship under this section is provided. øUnder no circumstances shall the total period of obligated service be more than 

4 years.¿ 

* * * * * * * 

(g)(1) * * * 

(2) Scholarship recipients who, for any reason, fail to begin or 

complete their service obligation after completion of academic 

training, or fail to comply with the terms and conditions of 

deferment established by the Administrator pursuant to subsection 

(f)(2)(B), shall be in breach of their contractual agreement. When 

recipients breach their agreements for the reasons stated in the 

preceding sentence, the recipient shall be liable to the United 

States for an amount equal to— 

(A) * * * 

(B) the interest on the amounts of such awards which would 

be payable if at the time the awards were received they were 

loans bearing interest at the maximum legal prevailing rate, as 

determined by the øTreasurer of the United States, 

multiplied by 3¿ Treasurer of the United States. 

* * * * * * * 

Section 703 of the Vision 100—Century of Aviation 

Reauthorization Act 

øSEC. 703. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 

SCIENCE AND TECHNOLOGY SCHOLARSHIP PROGRAM. 

ø(a)(1) The Administrator of the National Aeronautics and Space 

Administration shall establish a National Aeronautics and Space 

Administration Science and Technology Scholarship Program to 

award scholarships to individuals that is designed to recruit and 

prepare students for careers in the National Aeronautics and Space 

Administration. 

ø(2) Individuals shall be selected to receive scholarships under 

this section through a competitive process primarily on the basis of 

academic merit, with consideration given to financial need and the 

goal of promoting the participation of individuals identified in section 33 or 34 of the Science and Engineering Equal Opportunities 

Act. 

66 

ø(3) To carry out the Program the Administrator shall enter into 

contractual agreements with individuals selected under paragraph 

(2) under which the individuals agree to serve as full-time employees of the National Aeronautics and Space Administration, for the 

period described in subsection (f)(1), in positions needed by the National Aeronautics and Space Administration and for which the individuals are qualified, in exchange for receiving a scholarship. 

ø(b) In order to be eligible to participate in the Program, an individual must— 

ø(1) be enrolled or accepted for enrollment as a full-time student at an institution of higher education, as a junior or senior 

undergraduate or graduate student, in an academic field or 

discipline described in the list made available under subsection 

(d); 

ø(2) be a United States citizen or permanent resident; and 

ø(3) at the time of the initial scholarship award, not be an 

employee (as defined in section 2105 of title 5, United States 

Code). 

ø(c) An individual seeking a scholarship under this section shall 

submit an application to the Administrator at such time, in such 

manner, and containing such information, agreements, or assurances as the Administrator may require. 

ø(d) The Administrator shall make publicly available a list of 

academic programs and fields of study for which scholarships 

under the Program may be utilized and shall update the list as 

necessary. 

ø(e)(1) The Administrator may provide a scholarship under the 

Program for an academic year if the individual applying for the 

scholarship has submitted to the Administrator, as part of the application required under subsection (c), a proposed academic program leading to a degree in a program or field of study on the list 

made available under subsection (d). 

ø(2) An individual may not receive a scholarship under this section for more than 4 academic years, unless the Administrator 

grants a waiver. 

ø(3) The dollar amount of a scholarship under this section for an 

academic year shall be determined under regulations issued by the 

Administrator, but shall in no case exceed the cost of attendance. 

ø(4) A scholarship provided under this section may be expended 

for tuition, fees, and other authorized expenses as established by 

the Administrator by regulation. 

ø(5) The Administrator may enter into a contractual agreement 

with an institution of higher education under which the amounts 

provided for a scholarship under this section for tuition, fees, and 

other authorized expenses are paid directly to the institution with 

respect to which the scholarship is provided. 

ø(f)(1) The period of service for which an individual shall be obligated to serve as an employee of the National Aeronautics and 

Space Administration is, except as provided in subsection (h)(2), 24 

months for each academic year for which a scholarship under this 

section is provided. 

ø(2)(A) Except as provided in subparagraph (B), obligated service 

under paragraph (1) shall begin not later than 60 days after the 

individual obtains the educational degree for which the scholarship 

was provided. 

67 

ø(B) The Administrator may defer the obligation of an individual 

to provide a period of service under paragraph (1) if the Administrator determines that such a deferral is appropriate. The Administrator shall prescribe the terms and conditions under which a service obligation may be deferred through regulation. 

ø(g)(1) Scholarship recipients who fail to maintain a high level of 

academic standing, as defined by the Administrator by regulation, 

who are dismissed from their educational institutions for disciplinary reasons, or who voluntarily terminate academic training before graduation from the educational program for which the scholarship was awarded, shall be in breach of their contractual agreement and, in lieu of any service obligation arising under such 

agreement, shall be liable to the United States for repayment within 1 year after the date of default of all scholarship funds paid to 

them and to the institution of higher education on their behalf 

under the agreement, except as provided in subsection (h)(2). The 

repayment period may be extended by the Administrator when determined to be necessary, as established by regulation. 

ø(2) Scholarship recipients who, for any reason, fail to begin or 

complete their service obligation after completion of academic 

training, or fail to comply with the terms and conditions of 

deferment established by the Administrator pursuant to subsection 

(f)(2)(B), shall be in breach of their contractual agreement. When 

recipients breach their agreements for the reasons stated in the 

preceding sentence, the recipient shall be liable to the United 

States for an amount equal to— 

ø(A) the total amount of scholarships received by such individual under this section; plus 

ø(B) the interest on the amounts of such awards which 

would be payable if at the time the awards were received they 

were loans bearing interest at the maximum legal prevailing 

rate, as determined by the Treasurer of the United States, 

multiplied by 3. 

ø(h)(1) Any obligation of an individual incurred under the Program (or a contractual agreement thereunder) for service or payment shall be canceled upon the death of the individual. 

ø(2) The Administrator shall by regulation provide for the partial 

or total waiver or suspension of any obligation of service or payment incurred by an individual under the Program (or a contractual agreement thereunder) whenever compliance by the individual 

is impossible or would involve extreme hardship to the individual, 

or if enforcement of such obligation with respect to the individual 

would be contrary to the best interests of the Government. 

ø(i) For purposes of this section— 

ø(1) the term ‘‘cost of attendance’’ has the meaning given 

that term in section 472 of the Higher Education Act of 1965; 

ø(2) the term ‘‘institution of higher education’’ has the meaning given that term in section 101(a) of the Higher Education 

Act of 1965; and 

ø(3) the term ‘‘Program’’ means the National Aeronautics 

and Space Administration Science and Technology Scholarship 

Program established under this section. 

ø(j)(1) There is authorized to be appropriated to the National 

Aeronautics and Space Administration for the Program $10,000,000 

for each fiscal year. 

68 

ø(2) Amounts appropriated under this section shall remain available for 2 fiscal years. 

ø(k) The Administrator may provide temporary internships to 

full-time students enrolled in an undergraduate or post-graduate 

program leading to an advanced degree in an aerospace-related or 

aviation safety-related field of endeavor.¿ 

XIX. COMMITTEE RECOMMENDATIONS

On July 14, 2005 a quorum being present, the Committee on 

Science favorably reported H.R. 3070, National Aeronautics and 

Space Administration Act of 2005, as amended, by a voice vote, and 

recommended its enactment. 

(69) 

XX. ADDITIONAL VIEWS 

The Administration has made outsourcing of federal jobs a priority through its aggressive implementation of OMB Circular A–76. 

The continued trends of increased outsourcing of jobs overseas and 

the decline in manufacturing jobs here in the U.S. have eroded the 

standard of living for many of our citizens. 

The use of government spending to maintain jobs and a decent 

standard of living for the people who pay the taxes is one of our 

most important tools for promoting economic growth. My amendment, which is included as Section 705 of H.R. 3070, ensures that 

any federal job that is converted to a private sector job does not 

result in the transfer of a U.S. job to a non-U.S. job. It directs 

NASA to ensure that contracts are awarded to firms employing 

people here in the U.S. when it is possible to do so. 

Unfortunately, the Majority transformed my provision from one 

which emphasized the protection of American jobs to one that emphasized the protection of trade agreements. Subsection (d) of Section 705, reads: ‘‘The provisions of this section shall not apply to 

the extent that they are inconsistent with obligations of the United 

States under international agreements.’’ 

I offered an amendment to strike this language that failed on a 

party line vote of 18 to 18. The Majority’s language encourages the 

Administration to err on the side of protecting trade agreements at 

the expense of American jobs. In the balancing of interests, I believe that emphasis is exactly backwards. It is unfortunate the Majority believes that trade agreements deserve a higher level of protection than American jobs. The Majority’s language is unnecessary. There is no shortage of consideration for our trade agreements. I only wish I could say the same for our manufacturing base 

and our workers. 

JERRY F. COSTELLO. 

(70) 

XXI. PROCEEDINGS OF THE MARKUP BY THE 

SUBCOMMITTEE ON SPACE AND AERONAUTICS ON H.R. 3070, NATIONAL AERONAUTICS AND SPACE ADMINISTRATION AUTHORIZATION ACT OF 2005 

WEDNESDAY, JUNE 29, 2005 

HOUSE OF REPRESENTATIVES, 

SUBCOMMITTEE ON SPACE AND AERONAUTICS, 

COMMITTEE ON SCIENCE, 

Washington, DC. 

The Subcommittee met, pursuant to call, at 2:15 p.m., in Room 

2318 of the Rayburn House Office Building, Hon. Ken Calvert 

[Chairman of the Subcommittee] presiding. 

Chairman CALVERT. Good afternoon. The Committee will come to 

order. 

Pursuant to notice, the Subcommittee on Space and Aeronautics 

meets to consider the following measures: H.R. 3070, the National 

Aeronautics and Space Administration Authorization Act of 2005. I 

ask unanimous consent for the authority to recess the Subcommittee at any point during consideration of these matters. 

Without objection, so ordered. 

We will now proceed with the markup, beginning with the opening statement. I will begin. 

Today, as the new Chairman of six months of the Space and Aeronautics Subcommittee, I am delighted to preside over today’s 

markup of the NASA authorization bill for 2006. I also sit on the 

House Armed Services Committee, a committee that produces an 

authorizing bill every year and increasing its influence as an authorizing committee. If we want a seat at the table, we must be a 

part of the process. Authorizing committees need to protect and use 

our jurisdiction. I want to keep our committee on track in its oversight of NASA, the largest agency under the Science Committee’s 

jurisdiction. I look forward to continuing to work with Chairman 

Boehlert and the Members of the Subcommittee today to get this 

bill on the first step of being enacted. 

I have enjoyed working with Mr. Udall on all three committees 

on which we are Members. I look forward to working with the 

other Members as well, since the Committee has traditionally been 

very bipartisan in its outlook and efforts. I have been talking with 

Mr. Udall and Mr. Gordon, and I am confident that we can get a 

bipartisan bill out in a timely matter. It is very important to go to 

Full Committee markup the week of July 11 when we return from 

71 

our July 4 District work period and then to the House Floor the 

week of July 18. If we miss those windows, we will be forced to 

move during the busy fall time period when prospects for precious 

Floor time, as we all know, grows slimmer. Also, by the time we 

will trail the appropriators on conferencing our bill with the Senate. 

NASA is ready to work with the provisions in our bill, and we 

must all know that we have a long way to go before we get a bill 

at the President’s desk. The Senate marked up their authorization 

bill last week, and we are hoping to get it through the Senate Floor 

some time in July. We have an opportunity to get a meaningful 

proactive bill out this year for the first time in a long time. 

Our general approach to this authorization is to get NASA back 

on track so we can move forward in a constructive way, giving Dr. 

Griffin the flexibility he needs while providing the Congress with 

the proper tools to perform an effective oversight. The bill represents the first time the vision for space exploration has been endorsed officially by the House of Representatives. Due to the concern from both sides of the aisle regarding the direction that the 

rest of NASA is proceeding, we have asked for a comparable strategic plan for aeronautics and the science programs. We have asked 

for these to be submitted with the fiscal year 2007 President’s 

budget request so that in the next year’s authorization we will 

have the information we need to do a successful oversight, construct a more prospective—or prescriptive NASA authorization. 

In addition to this, we have directed NASA to develop a Human 

Capital Strategy to avoid any Reduction In Force or buyouts until 

this plan is submitted with the fiscal year 2007 President’s budget 

request as well. NASA facilities will have a parallel study, but we 

will allow an additional year for the strategic plan, because this is 

really even more dependent on NASA’s overall strategic plan. 

We requested that the Director of the Office of Science and Technology Policy conduct a study to address the duplication of research 

and technology programs among federal agencies and whether research throughout the Federal Government presents opportunities 

for collaboration and how it relates to our national interests. We 

will also direct the OSTP to report back to Congress on the funding 

invested by the government in each area. We have included a cost 

control language that is similar to that in this year’s House Armed 

Services Committee’s Defense Authorization bill, which requires 

NASA to report on the Congress annually on the status of major 

programs. Defined as a major program, the life cycle costs greater 

than $100 million. In the event that a major program is expected 

to exceed its regional estimated development costs by 15 percent, 

or the schedule by more than six months, NASA is required to notify Congress. If the development costs is expected to exceed original estimated development costs by 30 percent, Congress will have 

to evaluate whether to continue the program at all. 

The bill contains authorization for a NASA prize structure, modeled off the X–Prize that was one last year by the famed aeronautics and space engineer, Burt Rutan, and his SpaceShipOne 

team. We do not limit the amount of the prize, but we do require 

NASA to report to the Congress before offering any prize greater 

than $10 million. 

72 

We have a couple of other housekeeping provisions that are included in this bill as well. H.R. 1022, the George E. Brown, Jr. 

Near Earth Object Survey bill, that was passed previously by this 

Committee, and H.R. 1023, the Charles ‘‘Pete’’ Conrad Astronomy 

Awards Act, also previously passed by this committee. We have authorized NASA’s top line of $16.471 billion as the level that the 

House Appropriations bill included. This is about $15 million more 

than the President’s fiscal year 2006 request. No other funding levels for those programs are including. 

I am looking forward to getting started today and taking the first 

step in producing a 2006 NASA authorization bill. 

[The prepared statement of Chairman Calvert follows:] 

PREPARED STATEMENT OF CHAIRMAN KEN CALVERT

Today, as the new Chairman of six months of the Space and Aeronautics Subcommittee, I am delighted to preside over today’s markup of the NASA Authorization bill for 2006. This is nearly an historic occasion since we have only had two 

authorization bills since 1993—a one-year bill in 1993 and a three-year bill in 2000. 

I also sit on the House Armed Services Committee, a committee that produces an 

authorizing bill every year, and know that if we don’t get a bill out each year, our 

relevancy as an authorizing committee is in real question. If we want a ‘‘seat at the 

table,’’ we must be part of the process. If we don’t exert our jurisdiction, we could 

be threatened with a loss of this jurisdiction. I want to get our committee back on 

track in its oversight of NASA, the largest agency under the Science Committee’s 

jurisdiction. I look forward to working with the rest of the Members of the Subcommittee today to get this bill on the first step to being enacted. 

I have enjoyed working with Mr. Udall on all three committees on which we are 

Members. I look forward to working with the other Members as well, since this committee has traditionally been very bipartisan in its outlook and efforts. I have been 

talking with both Mr. Udall and Mr. Gordon and am confident that we can get a 

bipartisan bill out in a timely manner. It is very important to go to Full Committee 

markup the week of July 11, when we return from our July 4 District Work Period 

and then to the House floor, the week of July 18. If we miss those windows, we will 

be forced to move during the busy fall time period when prospects for precious floor 

time grow slim. Also, by then we will trail the appropriators on conferencing our 

bill with the Senate. 

NASA is ready to work with the provisions in our bill, but we all know that we 

have a long way to go before we get a bill to the President’s desk. The Senate 

marked up their Authorization bill last week and is hoping to get through the Senate floor sometime in July. We have a real opportunity to get a meaningful, 

proactive bill out this year for the first time in a long time. 

Our general approach to this authorization is to get NASA back on track so that 

we can move forward in a constructive way, giving Dr. Griffin the flexibility he 

needs while providing the Congress with the proper tools to perform effective oversight. This bill represents the first time that the Vision for Space Exploration has 

been endorsed officially by the House of Representatives. Due to concern from both 

sides of the aisle regarding the direction that the rest of NASA is proceeding, we 

have asked for a comparable strategic plan for aeronautics and for the science programs. We have asked for these to be submitted with the FY 2007 President’s Budget Request, so that in next year’s Authorization we will have the information we 

need to do successful oversight and to construct a more prescriptive NASA Authorization. 

In addition to this, we have directed NASA to develop a Human Capital Strategy 

and to avoid any Reduction In Force or buyouts until this plan is submitted with 

the FY 2007 President’s budget request as well. NASA facilities will have a parallel 

study, but we allow an additional year for this strategic plan because this is really 

even more dependent on NASA’s overall strategic plan. 

We have requested that the Director of the Office of Science and Technology Policy (OSTP) conduct a study to address the duplication of research and technology 

programs among federal agencies and whether research throughout the Federal 

Government presents opportunities for collaboration and how it relates to for the 

national interest. We also direct OSTP to report back to the Congress on the funding invested by the government in each area. 

73 

We have included cost control language that is similar to that of this year’s House 

Armed Services Committee’s Defense Authorization bill, which requires NASA to report to the Congress annually on the status of ‘‘major’’ programs, defined as a program with a life cycle cost greater than $100 million. In the event that a major program is expected to exceed its original estimated development cost by 15 percent 

or the schedule by more than six months, NASA is required to notify Congress. If 

the development cost is expected to exceed original estimated development cost by 

30 percent, Congress will have to evaluate whether to continue the program at all. 

The bill contains authorization for a NASA Prize structure, modeled after the X– 

Prize that was won last year by famed aeronautics and aerospace engineer Burt 

Rutan and his SpaceShipOne team. We do not limit the amount of the prize, but 

do require NASA to report to the Congress before offering any prize greater than 

$10 million. 

We have a couple of housekeeping provisions that are included in this bill as well 

as H.R. 1022, the George E. Brown., Jr. Near-Earth Object Survey bill, that was 

passed previously by this committee, and H.R. 1023, the Charles ‘‘Pete’’ Conrad Astronomy Awards Act, also previously passed by this committee. 

We have also authorized NASA’s top line at $16.471 billion as the level that the 

House Appropriations bill included. This is about $15 million above the President’s 

FY 2006 request. No other funding levels for programs are included. 

I am looking forward to getting started today and taking the first step in producing a 2006 NASA Authorization bill. 

Chairman CALVERT. And I would like to recognize Mr. Udall for 

his opening remarks. 

Mr. UDALL. Thank you, Mr. Chairman. 

I would like to take this opportunity first to yield to the Ranking 

Member on the Full Committee, Mr. Gordon from Tennessee, for 

his remarks. 

Mr. GORDON. Thank you, Mr. Udall. 

I would like to take a few minutes to explain why I plan to withhold my support for H.R. 3070 at this subcommittee markup. 

Before doing that, however, I would first like to commend Chairman Calvert for his commitment to enacting a NASA authorization 

bill this year. I am in strong agreement with him that this Committee needs to meet its legislative and oversight responsibilities 

with respect to NASA if we are to be relevant. And one of the fundamental ways we can do that is through the process of reauthorizing NASA’s programs in space and aeronautics on a regular and 

timely basis. So I applaud his desire to do a NASA authorization 

bill. And I want to work with him and Chairman Boehlert to 

produce the best bill possible. 

Unfortunately, the schedule we were presented with did not 

make it possible for Democratic Members of the Subcommittee to 

develop a thoughtful response to the bill in time for today’s markup. As you know, the Majority did not have a draft bill ready to 

be shared with us, with Members, as well as the stakeholders until 

last Friday. In addition, we were not able to hear from NASA Administrator regarding his plans and priorities and plans until yesterday. That does not provide Members enough time to discuss and 

assess the Administrator’s testimony. Neither does it provide adequate time for Members to develop amendments to address areas 

of concern in the bill. 

That should not be surprising, given the fact that the Majority 

has informed us that it took them at least three months to develop 

the bill in front of us today. Given the Democrats were not included 

in that bill preparation effort, it is understandable that we will 

need some time to prepare an appropriate response. I would prefer 

this markup be delayed to allow thoughtful consideration of this 

74 

bill. However, I understand Chairman Calvert’s interest in moving 

forward today. Given that, I do not plan to try to block this bill 

today but instead will abstain from supporting it in this subcommittee markup. 

I plan to—then plan to focus my efforts on making the Full Committee’s consideration of this bill a productive exercise. 

Before I close, I want to make it clear that my objections to the 

bill before us today are not just based on concerns about process. 

Mr. Udall and I have serious reservations about the bill in its 

present form, and I will yield back to him at this point so that he 

can outline some of the reasons we feel that way. 

Thank you. 

[The prepared statement of Mr. Gordon follows:] 

PREPARED STATEMENT OF REPRESENTATIVE BART GORDON

I’d like to thank Mr. Udall for yielding to me. 

I would like to take a few minutes to explain why I plan to withhold my support 

from H.R. 3070 at this subcommittee markup. 

Before doing that, however, I would first like to commend Chairman Calvert for 

his commitment to enacting a NASA Authorization bill this year. 

I am in strong agreement with him that this committee needs to meet its legislative and oversight responsibilities with respect to NASA if we are to be relevant. 

And one of the fundamental ways we can do that is through the process of reauthorizing NASA’s programs in space and aeronautics on a regular and timely basis. 

So I applaud his desire to do a NASA Authorization bill, and I want to work with 

him and Chairman Boehlert to produce the best bill possible. 

Unfortunately, the schedule we were presented with did not make it possible for 

Democratic Members of the Subcommittee to develop a thoughtful response to the 

bill in time for today’s markup. 

As you know, the Majority did not have a draft bill ready to be shared with our 

Members and other stakeholders until last Friday. 

In addition, we were not able to hear from the NASA Administrator regarding his 

plans and priorities until yesterday. 

That does not provide Members enough time to discuss and assess the Administrator’s testimony. 

Neither does it provide adequate time for Members to develop amendments to address areas of concern in the bill. 

That should not be surprising, given that the Majority has informed us that it 

took them at least three months to develop the bill in front of us today. 

Given that Democrats were not included in that bill preparation effort, it is understandable that we will need some time to prepare an appropriate response. 

I would have preferred that this markup be delayed to allow thoughtful consideration of this bill. 

However, I understand Chairman Calvert’s interest in moving forward today. 

Given that, I do not plan to try to block this bill today but instead will abstain 

from supporting it at this subcommittee markup. 

I then plan to focus my efforts on making the Full Committee’s consideration of 

this bill a productive exercise. 

Before I close, I want to make it clear that my objections to the bill before us 

today are not just based on concerns about the process. 

Mr. Udall and I have serious reservations about the bill in its present form, and 

I will yield back to him at this point so that he can outline some of the reasons 

we feel that way. 

Thank you. 

Mr. UDALL. Thank you, Ranking Member Gordon. 

I just want to begin by expressing my agreement with the sentiments that Ranking Member Gordon shared with all of us surrounding the process issues leading up to the introduction and the 

markup of the bill today. I also want to associate myself with his 

remarks when it comes to the sentiments he has expressed toward 

75 

Chairman Calvert and Chairman Boehlert and the need to get a 

NASA reauthorization bill passed through the House. 

But as Mr. Gordon indicated, we have some substantive concerns 

with the bill as well, and I hope we can address them in front of 

the Full Committee when we return from our recess. 

And if I would, let me mention just a few of them. 

First, as we have communicated to our colleagues on the Majority side, the bill fundamentally does not address the issue of ensuring there is a productive balance between NASA’s core missions, 

that is science, aeronautics, and human space flight, including the 

human exploration agenda. The bill expresses the sentiment that 

balance is desirable, but it does nothing to make it a reality. And 

since it is a one-year authorization bill with just a single funding 

number, it lacks the funding direction provided by a traditional, 

multi-year authorization, such as under consideration by the Senate. 

In essence, the bill provides no meaningful policy or funding 

guidance to NASA, with one major exception that I will mention in 

a minute. Nor does it provide any meaningful constraints on 

NASA’s actions over the coming year. Basically, as long as NASA 

files the required reports, many of which simply codify the things 

that NASA provides as a part of its annual budget request, NASA 

can do whatever it wants to do over the coming year. Rather than 

providing policy guidance to NASA, the bill simply asks NASA to 

tell us what they want to do. 

There is one area, however, where the bill does lay out crisp policy guidance. Namely, it codifies in the law the major milestones 

of the President’s exploration initiative. You might ask why does 

that matter. Well, in the absence of any other binding provisions 

in the bill to maintain a balance among NASA’s core missions, a 

provision that directs NASA to return humans to the Moon by 

2020, for example, has the effect of making that the Agency’s highest priority. And NASA would be perfectly justified in interpreting 

that provision as a license, indeed, an imperative, to take money 

from NASA’s other activities, if necessary, to ensure that that 

deadline is met. 

That is not my idea of either a go-as-you-can-pay or a balanced 

approach to exploration, but that is what this bill would have 

NASA do. 

There are other major concerns, but in the interest of time, I will 

save most of them for another day. Instead, I would just note that 

the bill does not include any of the provisions of H.R. 2358, the 

Aeronautics R&D Revitalization Act, a bill that I and a group of bipartisan co-sponsors believe is urgently needed to address the crisis 

in aeronautics facing our Nation. I find this omission to be troubling and intend to work for its inclusion in the final version of the 

NASA bill. 

I hope my comments provide some insight on the decision by Mr. 

Gordon and me to withhold our support for this bill in its current 

form. NASA is of crucial importance to the Nation, and I know that 

we can work together to craft a bill that will seriously address the 

issues facing the Agency. 

Thank you, Mr. Chairman, and I would yield back the time that 

I do not have remaining. 

76 

[The prepared statement of Mr. Udall follows:] 

PREPARED STATEMENT OF REPRESENTATIVE MARK UDALL

Thank you. I want to express my agreement with the sentiments expressed by 

Ranking Member Gordon regarding the process issues surrounding this bill. 

However, as he has indicated, we also have some substantive concerns with the 

bill before us today. 

These are concerns that I hope that we will be able to address when this bill is 

marked up by the Full Committee. 

Let me mention just a few of them. 

First, as we have communicated to our colleagues on the Majority side, this bill 

fundamentally does not address the issue of ensuring that a productive balance is 

maintained between NASA’s core missions—science, aeronautics, and human space 

flight—including human exploration. 

The bill expresses the sentiment that such a balance is desirable, but does nothing to make it a reality. 

And since it is a one-year authorization bill with just a single funding number, 

it lacks the funding direction provided by a more traditional multi-year authorization, such is under consideration by the Senate. 

In essence, the bill provides no meaningful policy or funding guidance to NASA 

with one major exception that I will mention in a minute, nor does it provide any 

meaningful constraints on NASA’s actions over the coming year. 

Basically, as long as NASA files the required reports—many of which simply codify things that NASA provides as part of its annual budget request—NASA can do 

whatever it wants to do over the coming year. 

Rather than providing policy guidance to NASA, this bill simply asks NASA to 

tell us what they want to do. 

There is one area, however, where the bill does lay out crisp policy guidance: 

namely it codifies into law the major milestones of the President’s exploration initiative. 

Why does that matter? 

Well, in the absence of any other binding provisions in the bill to maintain a balance among NASA’s core missions, a provision that directs NASA to return humans 

to the Moon by 2020, for example, has the effect of making that the Agency’s highest priority. 

And NASA would be perfectly justified in interpreting that provision as a license—indeed an imperative—to take money from NASA’s other activities if necessary to ensure that that deadline is meant. 

That’s not my idea of either a ‘‘go-as-you-can-pay’’ or a ‘‘balanced’’ approach to exploration—but that’s what this bill would have NASA do. 

There are other major concerns, but in the interests of time I will save most of 

them for another day. 

Instead, I would just note that the bill does not include any of the provisions of 

H.R. 2358, the Aeronautics R&D Revitalization Act—a bill that I and a group of bipartisan co-sponsors believe is urgently needed to address the crisis in aeronautics 

that is facing this nation. 

I find this omission to be troubling and intend to work for its inclusion in the final 

version of the NASA bill. 

Well, I hope my comments provide some insight into the decision by Mr. Gordon 

and me to withhold our support for this bill in its current form. 

NASA is important to the Nation. 

I hope we can work together to craft a bill that will seriously address the issues 

facing the Agency. 

Chairman CALVERT. I thank the gentleman for his comments and 

look forward to working with him and Mr. Gordon in the coming 

days to have a successful bill. 

And at this time, I would like to recognize the Chairman of the 

Full Committee, Mr. Boehlert. 

Chairman BOEHLERT. Thank you very much, Mr. Calvert. 

First of all, let me start by commending you. You have seized 

this opportunity in your new chairmanship of this very important 

subcommittee in a very responsible and professional way, and you 

are providing some really good leadership, and I thank you for that 

77 

on behalf of the entire Committee, on both sides of the aisle, I 

might add. I think I can speak for my colleagues. 

And like Ranking Member Gordon, I, too, want a thoughtful response to the issue. And like Mr. Udall, with whom I team on a 

number of issues, I, too, seek a productive balance. But it should 

come as no surprise that we are at this point. We have been talking for over a year on reauthorizing NASA, and we have been 

working toward that objective. I would assume, and I think it is 

fair to assume this, but there has been ongoing dialogue Member 

to Member, staff to staff about the subject in general. Now we are 

getting down to the specifics, and we have provided something that 

is on the table for consideration, and I would expect that we would 

have every right to assume that we would get a response from our 

colleagues in the Democratic Party, and they would have some 

thoughtful ideas and probably some improvements to this bill and 

additions, maybe some suggested deletions. But in the spirit of this 

Committee, which has, I think, served the Congress and the American people so well in working cooperatively, I would anticipate 

that the next week will be used to good advantage while Members 

are on their District work period. And incidentally most of us, I 

know Republican and Democrat alike from talking with my colleagues, will actually be working back home in the District, not off 

to some exotic place like we would like to go on vacation. But the 

staffs, as always, will be working back here, on both sides of the 

aisle, to talk things through, and so then when we get back, hopefully we can have some paper from both sides. We have got something from our side, and we would welcome and be most receptive 

to any specific proposals the other side, and I don’t mean to phrase 

it in that way, but the other side. It is like we are two opponents. 

We are not opponents, we are partners in this whole process. So 

then the final analysis, we can go forward. 

I mean, the funding is only for 1 year, but it really is a multiyear bill. And we are making a number of changes in law. And I 

think all of us walked away from the hearing yesterday with Administrator Griffin very confident that the Agency is in good hands, 

with a decisive professional who knows the business, who is committed to the proposition that we will have a safe program, the 

safest program humanly possible in terms of human space flight, 

but also recognizes how much importance we attach to having a 

balanced program. Mr. Udall, you and I are particularly concerned 

about that with Earth science and space science and some of the 

other activities not being neglected so that everything will focus on 

just one phase of a multi-faceted agency. 

Right now, understandably, we are all sort of zeroing in on the 

big moment expected to come on July 13, and we are planning toward that day, and that is occupying a disproportionate share of 

a lot of people’s attention. But in the meantime, I would hope our 

staffs could work well together and we can continue the relationship we have enjoyed these many years under my chairmanship 

and produce a product that will be worthy of support on both sides 

of the aisle and will have, as I like to say, fingerprints of all of the 

Members all over it. 

Thank you very much. 

78 

Chairman CALVERT. I thank the Chairman. And without objection, Members may place their statements in the record at this 

point. 

[The prepared statement of Mr. Honda follows:] 

PREPARED STATEMENT OF REPRESENTATIVE MICHAEL M. HONDA

Chairman Calvert and Ranking Member Udall, usually I would begin by thanking 

you for holding this markup, but today I cannot. I believe the timing of this markup 

is inappropriate the bill was first provided to the minority on Friday afternoon, and 

a major hearing with the NASA Administrator was held just yesterday morning. 

We have been hearing that a NASA authorization bill was coming for years now, 

but did not get to see it until a few days ago and are now being asked to mark it 

up without sufficient time to review the bill and develop amendments to address 

what we believe are the shortcomings with the bill. The bill contains only one number, the overall funding level, for one year. Members from both sides of the aisle 

have expressed concerns about the balance of the Agency, but the bill provides no 

funding guidance for this year and those beyond as to what we actually mean by 

balance. Since we were not allowed time to develop amendments prior to today’s 

markup, I will not be offering any, but I intend to do so when this bill comes before 

the Full Committee. 

Also, by holding this markup only one day after the testimony by Administrator 

Griffin, the impression I get is that the Majority doesn’t care at all about what he 

told us, since there is no opportunity to incorporate elements of his testimony in the 

bill. For example, in response to one of my questions, Administrator Griffin testified 

that he does not believe there is any benefit to converting NASA’s Field Centers into 

Federally Funded Research and Development Centers (FFRDCs), and yet one of the 

elements of the bill we are marking up to day is a report on that very subject. 

Mr. Chairman, this is a very unusual authorization bill. It is very different from 

the traditional authorization bill passed by the Senate Commerce, Science, and 

Transportation Committee, which means that your rationale for holding a quick 

markup, so that we can rapidly get this bill into conference so it can be signed into 

law, is a false one. Reconciling this bill with the Senate’s may well be impossible, 

and so I again express my disapproval over the scheduling of this markup at this 

time. 

[The prepared statement of Ms. Jackson Lee follows:] 

PREPARED STATEMENT OF REPRESENTATIVE SHEILA JACKSON LEE

Mr. Chairman, 

NASA is at a very pivotal moment in its history and therefore it is the responsibility of this committee to ensure that the future of NASA is one of continued 

progress. After the tragic Columbia Space Shuttle accident this Congress and this 

committee were forced to reevaluate the NASA’s purpose. I have stated that safety 

must be the number one priority of NASA, however this should not deter NASA 

from pushing the boundaries of technology and discovery. 

While I support this NASA Authorization it does not ally all of my concerns. I 

have been supportive of President Bush’s Vision for Space Exploration because I 

firmly believe that the investment we make today in science and exploration will 

pay large dividends in the future. Similarly, I do not want to put a cap on the frontiers of our discovery, NASA should aim high and continue to push our nation at 

the forefront of space exploration. However, I find it hard to be more supportive of 

the President’s plan, when I have no real specifics as to what this plan will entail. 

Large missions of this sort require detailed planning and as a Members of Congress 

we deserve to know how exactly the President’s plan proposes to accomplish its objectives so that we can set out the proper resources and provide the necessary oversight. In addition, the President stated that the fundamental goal of his directive 

for the Nation’s space exploration program is ‘‘. . .to advance U.S. scientific, security, and economic interests through a robust space exploration program.’’ I could 

not agree more with that statement; unfortunately, this President’s own budget does 

not meet the demands of his ambitious agenda. One year after the Administration 

laid out a five-year funding plan for NASA that was intended to demonstrate the 

affordability and sustainability of the exploration initiative, the Administration submitted a budget proposal for 2006 that would reduce that funding plan by $2.5 billion over the next four years. For example, in 2006, the Administration is seeking 

79 

$546 million less than it said would be needed for NASA in 2006 in the five-year 

funding plan that accompanied last year’s request. In fact 75 percent of the $2.5 billion shortfall will fall to NASA’s science and aeronautics programs. This kind of 

under-funding for vital programs is unacceptable. Again, it is even more alarming 

because the President has not provided a detailed plan as to how he intends to accomplish his space exploration agenda; certainly draining money from the budget 

will not help that cause. I hope that this NASA Authorization will address these 

budget shortfall issues and provide a more thorough and clear plan as to when these 

NASA goals can be accomplished. 

Again, while I am supporting this Authorization in Subcommittee today, I continue to hold concerns about this bill’s clarity. I hope the majority side of this committee will work with the minority to address the concerns of all Members of this 

committee in advance of a Full Committee markup. Among the issues I will push 

are the role and work of minority serving institutions with NASA and safety especially abroad the International Space Station. I believe all of us on this committee 

support the mission of NASA, but we must continue to give it structure. 

Chairman CALVERT. We will now consider H.R. 3070, the National Aeronautics and Space Administration Authorization Act of 

2005. I ask unanimous consent that the bill is considered as read 

and open to amendment at any point, that Members proceed with 

the amendments in order of their roster. Without objection, so ordered. 

The first amendment on the roster is a manager’s amendment offered by the Chairman. 

I have an amendment at the desk. The Clerk will report the 

amendment. 

The CLERK. Amendment to H.R. 3070 offered by Mr. Calvert of 

California. Page 2, line 6, insert ‘‘as we enter—’’ 

Chairman CALVERT. I would ask unanimous consent to dispense 

with the reading and that the amendment is considered en bloc. 

Without objection, so ordered. 

I recognize myself to explain the amendment. 

Members will find the text of the amendment as well as a summary in their packets. This amendment makes a number of small, 

clarifying changes and also accommodates a number of our Members by including their proposed amendments. Some of these include a report from NASA on the extent to which the CEV will 

allow for crew escape and a description of the steps NASA will take 

to retain needed employees as it develops the human capital strategy that the underlying bill calls for. 

If there is any discussion on these—on this amendment—if there 

is no further discussion on the amendment, if no, the vote occurs 

on the amendment. All of those in favor will say aye. Those opposed, no. The ayes have it, and the amendment is agreed to. 

The second amendment that is on the roster is offered by the 

gentlewoman from Texas, Ms. Jackson Lee, which I am prepared 

to accept. 

Ms. Jackson Lee, you are ready to proceed with your amendment? 

Ms. JACKSON LEE. Yes, Mr. Chairman. 

Chairman CALVERT. I would—okay, if the Clerk will report the 

amendment. 

The CLERK. Amendment to H.R. 3070 offered by Ms. Jackson Lee 

of Texas, page 15, line 6, strike ‘‘and—’’ 

Chairman CALVERT. I would ask for unanimous consent to dispense with the reading. Without objection, so ordered. 

80 

The gentlewoman is recognized for five minutes to explain the 

amendment. 

Ms. JACKSON LEE. I thank you very much, Mr. Chairman, and 

I can see the point that a NASA authorization bill is extremely important, and I appreciate the work that has been done, but I join 

my colleagues, Mr. Udall, and certainly, Mr. Gordon, to hope that 

as we move along, that we will have an expanded opportunity to 

share in the vision. 

This amendment, which I appreciate, I will briefly summarize, 

and—to acknowledge the importance of this amendment. Simply, 

this amendment deals with requiring the NASA, in its budget process, to include a line item as it relates to safety. One year after the 

Administration laid out a five-year plan for NASA that was intended to demonstrate the affordability and sustainability of the 

exploration initiative, the Administration submitted a budget. But 

in that budget, in the budget that NASA has, they do not offer— 

they do not have in there the provisions dealing with safety. So 

this amendment simply asks NASA to submit in its budget request 

a line item for safety. When the question was asked by me, they 

were not able to give a specific answer. They indicated that they 

thought it was around $40 million. With the International Space 

Station and our return to human Space Shuttle and our efforts to 

go to the moon, I think that this is a helpful amendment to give 

Congress guidance on how we can encourage NASA to encourage 

or utilize more dollars for safety. 

With that, I would ask my colleagues to support the amendment, 

and I ask unanimous consent that my entire statement may be 

submitted in the record. 

Chairman CALVERT. Without objection, so ordered. 

[The prepared statement of Ms. Jackson Lee follows:] 

PREPARED STATEMENT OF REPRESENTATIVE SHEILA JACKSON LEE

We are in agreement on both sides of the aisle that safety must be the number 

one priority of NASA as it moves forward. I want to thank the Chairman of the 

Space and Aeronautics Subcommittee Mr. Calvert for accepting my amendment, 

which would require NASA to report in its budget submission how much is spent 

on safety funding each year. I believe this is a concrete step in allowing Congress 

to examine whether proper resources are being allocated towards ensuring the safety of our NASA personnel. 

Earlier this year during the NASA Budget hearing I asked officials how much 

money in the NASA Budget was dedicated to safety. The response I received was 

that money for safety activities was not put in its own separate budget function but 

spread throughout the NASA budget. When this question was probed further and 

submitted in writing to NASA the response I received was that while safety is one 

of NASA’s core values and is embedded in all that they do throughout the Agency, 

they could only approximate a figure of $400 million in their FY 2006 budget request. Furthermore, this figure also did not include many programs which they had 

not determined the amount of money spent on safety activities. My amendment will 

require that such clear and precise safety funding numbers are provided each year. 

My amendment will be especially helpful to members of this committee as well 

as to Members of the Appropriations and Budget Committee. This language will 

allow Members of Congress to clearly see how safety funding is increasing or decreasing over a period of time and whether the amount being requested is sufficient 

for the missions NASA seeks to undertake. While there is clearly much work to be 

done to ensure the safety of NASA personnel, I believe my amendment is one that 

will pay immediate dividends on this vital issue. 

Chairman CALVERT. Any discussion on this amendment? I am 

prepared to accept this amendment. I think it works towards safeVerDate Aug 04 2004 20:33 Jul 19, 2005 Jkt 022474 PO 00000 Frm 00080 Fmt 6604 Sfmt 6601 E:\HR\OC\HR173.XXX HR173
81 

ty, which I know the gentlelady from Houston has been very concerned about. And if there is no further discussion, the vote occurs 

on the amendment. All of those in favor, say aye. Those opposed, 

no. And the agreement is agreed to. 

Any further amendments? 

Hearing none, the vote is on the bill, H.R. 3070, the National 

Aeronautics and Space Administration Act of 2005, as amended. All 

of those in favor, say aye. All of those opposed—— 

Mr. UDALL. Mr. Chairman, on that question, I would ask for a 

recorded vote. 

Chairman CALVERT. There is a request for a recorded vote. Those 

in favor of the bill will signify by saying aye. Those opposed, no. 

The Clerk will please record the vote. 

The CLERK. Mr. Calvert. 

Chairman CALVERT. Aye. 

The CLERK. Mr. Calvert votes yes. 

Mr. Hall. 

Mr. HALL. Aye. 

The CLERK. Mr. Hall votes yes. 

Mr. Smith. 

Mr. SMITH. Aye. 

The CLERK. Mr. Smith votes yes. 

Mr. Rohrabacher. 

Mr. ROHRABACHER. Aye. 

The CLERK. Mr. Rohrabacher votes yes. 

Mr. Bartlett. 

[No response.] 

The CLERK. Mr. Lucas. 

Mr. LUCAS. Yes. 

The CLERK. Mr. Lucas votes yes. 

Mr. Forbes. 

Mr. FORBES. Yes. 

The CLERK. Mr. Forbes votes yes. 

Mr. Bonner. 

Mr. BONNER. Aye. 

The CLERK. Mr. Bonner votes yes. 

Mr. Feeney. 

[No response.] 

The CLERK. Mr. McCaul. 

Mr. MCCAUL. Aye. 

The CLERK. Mr. McCaul votes yes. 

Mr. Boehlert. 

Chairman BOEHLERT. Aye. 

The CLERK. Mr. Boehlert votes yes. 

Mr. Udall. 

Mr. UDALL. Present. 

The CLERK. Mr. Udall votes present. 

Mr. Wu. 

[No response.] 

The CLERK. Mr. Honda. 

Mr. HONDA. Present. 

The CLERK. Mr. Honda votes present. 

Mr. Miller. 

Mr. MILLER. Present. 

82 

The CLERK. Mr. Miller votes present. 

Ms. Jackson Lee. 

Ms. JACKSON LEE. Aye. 

The CLERK. Ms. Jackson Lee votes aye. 

Mr. Sherman. 

[No response.] 

The CLERK. Mr. Costa. 

Mr. COSTA. Present. 

The CLERK. Mr. Costa votes present. 

Mr. Green. 

[No response.] 

The CLERK. Mr. Melancon. 

Mr. MELANCON. Present. 

The CLERK. Mr. Melancon votes present. 

Mr. Chairman, yes, 10; present, 5. 

Chairman CALVERT. And the motion is agreed to. 

The CLERK. Mr. Gordon is not recorded. 

Mr. GORDON. Present. 

The CLERK. Mr. Gordon votes present. 

Mr. Chairman, yes, 10; present, 6. 

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Chairman CALVERT. And the amendment is agreed to. 

I recognize Mr. McCaul to offer a motion. 

Mr. MCCAUL. Mr. Chairman, I offer a motion to report. I move 

that the Subcommittee favorably report the bill H.R. 3070, as 

amended, to the Full Committee. And further, I ask unanimous 

consent that the staff be instructed to make all necessary technical 

and conforming changes to the bill, as amended, in accordance with 

the recommendations of the Subcommittee. 

Chairman CALVERT. The question is on the motion to report the 

bill favorably. Those in favor of the motion will signify by saying 

aye. 

Mr. UDALL. Mr. Chairman, I would ask, in this question, for a 

recorded vote. 

Chairman CALVERT. The gentleman asks for a recorded vote. The 

Clerk will please call the role. 

The CLERK. Mr. Calvert. 

Chairman CALVERT. Aye. 

The CLERK. Mr. Calvert votes yes. 

Mr. Hall. 

Mr. HALL. Aye. 

The CLERK. Mr. Hall votes yes. 

Mr. Smith. 

Mr. SMITH. Aye. 

The CLERK. Mr. Smith votes yes. 

Mr. Rohrabacher. 

Mr. ROHRABACHER. Yes. 

The CLERK. Mr. Rohrabacher votes yes. 

Mr. Bartlett. 

[No response.] 

The CLERK. Mr. Lucas. 

Mr. LUCAS. Yes. 

The CLERK. Mr. Lucas votes yes. 

Mr. Forbes. 

Mr. FORBES. Yes. 

The CLERK. Mr. Forbes votes yes. 

Mr. Bonner. 

Mr. BONNER. Aye. 

The CLERK. Mr. Bonner votes yes. 

Mr. Feeney. 

[No response.] 

The CLERK. Mr. McCaul. 

Mr. MCCAUL. Aye. 

The CLERK. Mr. McCaul votes yes. 

Mr. Boehlert. 

Chairman BOEHLERT. Aye. 

The CLERK. Mr. Boehlert votes yes. 

Mr. Udall. 

Mr. UDALL. Present. 

The CLERK. Mr. Udall votes present. 

Mr. Wu. 

[No response.] 

The CLERK. Mr. Honda. 

Mr. HONDA. Present. 

The CLERK. Mr. Honda votes present. 

85 

Mr. Miller. 

Mr. MILLER. Present. 

The CLERK. Mr. Miller votes present. 

Ms. Jackson Lee. 

Ms. JACKSON LEE. Aye. 

The CLERK. Ms. Jackson Lee votes aye. 

Mr. Sherman. 

[No response.] 

The CLERK. Mr. Costa. 

Mr. COSTA. Present. 

The CLERK. Mr. Costa votes present. 

Mr. Green. 

[No response.] 

The CLERK. Mr. Melancon. 

Mr. MELANCON. Present. 

The CLERK. Mr. Melancon votes present. 

Mr. Gordon. 

Mr. GORDON. Present. 

The CLERK. Mr. Gordon votes present. 

Mr. Chairman, yes, 10; present, 6. 

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Chairman CALVERT. The ayes have it, and the bill is favorably 

recorded. 

Without objection, the motion to reconsider is laid upon the table. 

I want to thank the Members for their attendance. This concludes this subcommittee markup. 

[Whereupon, at 2:35 p.m., the Subcommittee was adjourned.] 

(89) 

Appendix: 

H.R. 3070, SECTION-BY-SECTION ANALYSIS, SUMMARY OF H.R. 3070, 

AMENDMENT ROSTER, SUMMARY OF MANAGER’S AMENDMENT OFFERED BY MR. CALVERT

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SECTION-BY-SECTION ANALYSIS OF H.R. 3070, NATIONAL AERONAUTICS AND SPACE

ADMINISTRATION AUTHORIZATION ACT OF 2005 

Sec. 1. Short Title. 

The ‘‘National Aeronautics and Space Administration Authorization Act of 2005’’. 

Sec. 2. Findings. 

Urges NASA to maintain robust programs in space science, Earth science, and 

aeronautics while it moves forward with plans to send Americans to the Moon, 

Mars, and beyond. 

Sec. 3. Definitions. 

Sec. 4. Responsibilities, Policies, and Plans. 

Charges NASA with carrying out a balanced set of programs including programs 

in human space flight, aeronautics research and development, and scientific research including space and Earth science. Encourages NASA to work with entrepreneurs, use commercial services to the extent practicable, and to involve other nations to the extent appropriate. 

Directs NASA to carry out the Vision for Space Exploration by returning Americans to the Moon no later than 2020, launching a Crew Exploration Vehicle as close 

to 2010 as possible, and conducting research on the impacts of space on the human 

body to enable long-duration space exploration. Retires the Shuttle at the end of 

2010 to enable agency resources to be devoted to the Vision. 

Requires the President, through the Administrator, to develop a national aeronautics policy to guide NASA’s aeronautics programs through 2020. Directs the policy be delivered to Congress with the 2007 budget request. 

Requires NASA to develop a policy to guide agency space and Earth science programs through 2020. Requires the policy to prioritize the Agency’s scientific missions and address NASA’s plans on servicing the Hubble Space Telescope. Directs 

the policy be delivered to Congress with the 2007 budget request. 

Requires NASA to develop a plan for managing its facilities, including a description of any facilities NASA intends to build or no longer to use. Directs the plan 

be delivered to Congress with the 2008 budget request. 

Requires NASA to develop a human capital strategy to ensure that it has a workforce of the appropriate size and with the appropriate skills to carry out programs 

and policies of this Act. Limits NASA’s flexibility in offering buyouts or subjecting 

employees to Reductions in Force until 60 days after the plan is submitted with the 

President’s budget for fiscal year 2007. 

Requires NASA to conduct a study evaluating whether any of it centers should 

be operated by or with the private sector. Directs the study be delivered to Congress 

by May 31, 2006. 

Directs the President’s budget for NASA to include documents showing the requests for aeronautics, space science, Earth science, and agency administrative expenses, and comparable figures for each activity for each of the two previous fiscal 

years. 

Sec. 5. Authorization of Appropriations. 

Authorizes to be appropriated to NASA $16,471,050,000 for fiscal year 2006, the 

same amount provided in the House Science, State, Justice and Commerce Appropriations Bill for FY 2005. This amount is approximately $15 million above the 

President’s FY 2006 request. 

Sec. 6. Reports. 

Requires NASA to report certain details regarding the Vision for Space Exploration and for other NASA programs by the end of this fiscal year. 

Requires NASA to report estimated costs of the Crew Exploration Vehicle and the 

impact of those on other agency programs through 2020. 

Requires NASA to report its plans for updating the system of space communications and navigation architecture to carry out lunar and deep space missions. 

Requires NASA to submit a report to Congress describing its plans to carry out 

the ‘‘awareness campaign’’ required by the report accompanying the FY 2006 House 

Science, State, Justice, and Commerce Appropriations Bill. 

Requires NASA to develop a transition plan for government and contractor personnel engaged in the Space Shuttle program. 

Requires NASA and the Department of Energy jointly to describe their plans to 

develop a proposed astronomy research mission to study dark energy. 

Requires the Director of the Office of Science and Technology Policy (OSTP) to 

conduct a study to evaluate whether any research NASA conducts is unnecessarily 

133 

duplicating aspects of programs of other federal agencies or whether it is neglecting 

areas of research in the national interest related to NASA’s mission. 

Sec. 7. Baselines and Cost Controls. 

Adapts language that currently applies to the Department of Defense to require 

NASA to report annually on the status (including cost, schedule and performance) 

of ‘‘major’’ programs. Requires notification to Congress and an internal evaluation 

of any major program that exceeds its originally estimated development cost by 

more than 15 percent or exceeds its originally planned schedule by more than six 

months. Requires Congress to evaluate whether to continue the major program in 

the event that it exceeds its originally estimated development cost by more than 30 

percent or $1 billion. Defines major programs as those with life-cycle costs of over 

$100,000,000. 

Sec. 8. Prize Authority. 

Gives NASA authority to conduct competitions for cash prizes, modeled after the 

X–Prize won last year by famed airplane designer Burt Rutan and his 

SpaceShipOne, to stimulate innovative technology development. Allows NASA to 

enter into an agreement with a private, non-profit entity to administer prize competitions. Gives NASA the authority to accept private funds and funds from other 

agencies for cash prizes. Does not limit the amount of a prize, but requires NASA 

first to report to the Congress before offering any prize worth more than 

$10,000,000. 

Sec. 9. Miscellaneous. 

Grants NASA authority it is seeking to give State and local law enforcement officers jurisdiction over NASA-owned research centers to allow them to enforce speeding, drunk driving, and other laws. 

Makes technical amendments to the NASA Scholarship program. 

Grants NASA an extension it is seeking on an expiring provision in the Space Act 

of 1958, which allows NASA to indemnify developers of experimental aerospace vehicles with which NASA is involved in a cooperative partnership. 

Repeals the limitation on expenditures (cost cap) for the International Space Station. 

Sec. 10. Foreign Launch Vehicles. 

Requires NASA to launch missions on foreign launch vehicles only in accordance 

with the President’s Space Transportation Policy, announced December 21, 2004. 

Sec. 11. Coordination with the National Oceanic and Atmospheric Administration. 

Requires NASA and the National Oceanic and Atmospheric Administration 

(NOAA) to coordinate their respective Earth science activities to ensure that any 

technologies developed in NASA’s Earth science programs can be efficiently transferred to NOAA. 

Sec. 12. Charles ‘‘Pete’’ Conrad Astronomy Awards. 

Includes the text of H.R. 1023, a bill to authorize the NASA Administrator to establish an awards program in honor of Charles ‘‘Pete’’ Conrad, astronaut and space 

scientist, for recognizing the discoveries made by amateur astronomers of asteroids 

with near-Earth orbit trajectories. 

Sec. 13. George E. Brown, Jr. Near-Earth Object Survey 

Includes the text of H.R. 1022, a bill authorizing NASA to conduct a Near-Earth 

Object Survey program to detect, track, catalogue, and characterize certain nearEarth asteroids and comets. 

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SHORT SUMMARY OF H.R. 3070, THE NATIONAL AERONAUTICS AND SPACE

ADMINISTRATION AUTHORIZATION ACT OF 2005 

Overall Mission: The bill charges NASA with carrying out a balanced set of programs including programs in human space flight, aeronautics research and development, and scientific research including space and Earth science. It encourages 

NASA to work with entrepreneurs and to involve other nations to the extent appropriate. 

Vision for Space Exploration: The bill directs NASA to return Americans to the 

Moon no later than 2020, launch a Crew Exploration Vehicle as close to 2010 as 

possible, and conduct research on the impacts of space on the human body to enable 

long-duration space exploration. The bill directs NASA to retire the Shuttle at the 

end of 2010. 

New Policies and Plans: The bill requires the Administration to develop policies and 

plans to guide NASA’s efforts in missions other than human space flight and in 

managing its facilities and workforce: 

• The bill requires the President, through the Administrator to develop a national aeronautics policy to guide NASA’s aeronautics programs. The report 

is due with the President’s FY 2007 budget request. 

• It requires NASA to develop a policy to guide NASA’s programs in space and 

Earth science, drawing on the work of the National Academy of Sciences, and 

requires the agency to prioritize its scientific missions. The bill requires the 

policy to describe NASA’s plans in regard to servicing the Hubble Space Telescope. The report is due with the President’s FY 2007 budget request. 

• The bill requires NASA to develop a plan for managing its facilities, including 

a description of any facilities NASA intends to build or no longer to use. The 

report is due with the President’s FY 2008 budget request. 

• The bill also requires NASA to develop a human capital strategy to ensure 

that it has a workforce of the appropriate size and with the appropriate skills. 

It limits NASA’s flexibility to reduce its workforce until 60 days after the plan 

is submitted. The report is due with the President’s FY 2007 budget request. 

Transparency in Program Management: The bill provides incentives for good program management by requiring annual reporting on programs costing over $100 

million and initiating reviews of any such program that experiences large cost overruns or schedule delays. 

Prizes: Gives NASA the authority to conduct competitions for cash prizes, modeled 

after the X–Prize won last year by famed airplane designer Burt Rutan and his 

SpaceShipOne, to stimulate innovative technology development. 

Reports: The bill requires NASA to report to Congress on its plans in a number of 

areas, including its strategy for sending humans to the Moon, the costs of the Crew 

Exploration Vehicle, a plan for updating the U.S.’s system of space communications 

and navigation satellites, and a plan for helping NASA’s Shuttle workforce make 

the transition to other jobs. 

Miscellaneous Provisions: The bill includes several miscellaneous provisions, including an extension of NASA’s indemnification authority, programs addressing nearEarth asteroids and comets, and a requirement for better coordination between 

NASA and the National Oceanic and Atmospheric Administration (NOAA) on Earth 

science missions. 

Funding: The bill authorizes to be appropriated to NASA $16,471,050,000 for fiscal 

year 2006, the same amount provided in the House Science, State, Justice and Commerce Appropriations Bill for FY 2005, or approximately $15 million above the 

President’s FY 2006 request. 

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SUMMARY OF MANAGER’S AMENDMENT TO H.R. 3070 OFFERED BY MR. CALVERT

The Amendment makes a number of additions and small clarifying changes to the 

underlying bill, H.R. 3070, the National Aeronautics and Space Administration Authorization Act of 2005. 

The more significant changes the amendment makes include the following: 

• Adds a reference to the present era as the ‘‘Second Space Age’’ in a finding 

of the underlying bill that relates to NASA’s multiple missions in human 

space flight, aeronautics and science. 

• Adds a requirement that the Administrator include a description of the steps 

NASA will use ‘‘to retain needed employees’’ in the human capital strategy 

required by the underlying bill. 

• Strikes a provision in the bill requiring NASA to annually report its General 

and Administrative expenses with the President’s budget and creates a new 

provision requiring NASA to produce such information upon request from the 

Committee. 

• Adds a requirement that NASA report in the President’s annual budget the 

amount of unobligated funds carried over into the current year from the previous fiscal year. (The underlying bill already requires NASA to report its expected unobligated balances that will remain at the end of the current year 

and at the end of the following year.) 

• Adds a requirement that NASA report to the Committee on ‘‘the extent to 

which the Crew Exploration Vehicle will allow for the escape of the crew in 

the event of an emergency.’’ 

• Adds flexibility to the requirement in the underlying bill concerning the ‘‘national awareness campaign’’ (which the FY06 House Science, State, Justice 

and Commerce Appropriations bill directed NASA to undertake) by making 

it clear that awareness campaign activities can begin immediately but require 

Congressional notice. 

• Adds a requirement that the Office of Science and Technology Policy (OSTP) 

include a list of all the R&D programs of federal agencies other than NASA 

that OSTP will have reviewed in conducting a study that the underlying bill 

requires to determine whether NASA’s research programs are duplicative of 

those in other agencies or neglectful of any related national needs. 

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XXII. PROCEEDINGS OF THE FULL COMMITTEE MARKUP ON H.R. 3070, THE NASA 

AUTHORIZATION BILL OF 2005 

THURSDAY, JULY 14, 2005 

HOUSE OF REPRESENTATIVES, 

COMMITTEE ON SCIENCE, 

Washington, DC. 

The Committee met, pursuant to call, at 11:15 a.m., in room 

2318 of the Rayburn House Office Building, Hon. Sherwood L. 

Boehlert (Chairman of the Committee) presiding. 

Chairman BOEHLERT. Before we get to the important work of the 

day, the markup of the NASA authorization bill, let me point out 

to members that we are awaiting word from NASA on return to 

flight. As soon as we have word when, we will notify everyone by 

e-mail, so stay tuned. They are meeting—the NASA team is meeting as we speak, and we may have something early afternoon about 

the intentions. 

And let me point out to all of you who came down to the Cape 

yesterday, thank you very much. We witnessed a NASA success 

story in the making. The success was that they identified the problem, and they scrubbed their flight before the problem became 

something that was more serious. And so we congratulate the team 

at NASA, and we commend them to continue their hard work with 

the hope and expectation that shortly we will be able to return to 

flight and continue exploration. 

Good morning. The Committee on Science will come to order. 

Pursuant to notice, the Committee on Science meets to consider 

the following measure: H.R. 3070, the National Aeronautics and 

Space Administration Authorization Act of 2005. 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 start with mine. 

I want to welcome everyone to this morning’s important markup. 

We have been talking about doing a NASA bill on this Committee 

for a long time, and we have been delayed by the Columbia tragedy, by changes in plans at NASA, and by changes in leadership 

at NASA. But now this morning, we are finally ready to go. I am 

confident that we won’t have any last-minute glitches at the 

launch. 

I will talk about the bill in detail when we get to the appropriate 

point in the markup. For now, let me just thank Chairman Calvert 

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for his steadfast leadership on this bill. He has kept everyone focused and moving forward. And I want to especially thank Mr. Gordon and Mr. Udall for their willingness to engage in meaningful deliberations, at both the member and staff level, to talk about the 

issues in detail, to swap points of view, and in the end, to develop 

a package that we can all embrace. 

We can now move forward as a unified team when we negotiate 

with the Senate. Those negotiations will not be easy. The Senate 

bill places far too much emphasis on the status quo and fails to 

make the kinds of choices necessary to give NASA a forward-looking and sustainable program. We have got our work cut out for us, 

but the good news is that we will continue to work as a team. 

Once again, let me commend the principals involved, Mr. Gordon, 

Subcommittee Chair Calvert, and Subcommittee Ranking Member, 

Mr. Udall. 

We expect the bill to come to the Floor next week. So at least 

the House part of the process will have moved at a rapid pace from 

Subcommittee to the Floor. 

I should say that there are some issues we are putting off today. 

Most significant is the Iran Non-proliferation Act. We received the 

Administration proposal right before the July 4 recess, and we are 

still reviewing it, as is the International Relations Committee. 

I do not think that a final NASA bill should come to the Floor 

until we have resolved this issue. And I think we will resolve in 

a timely fashion, but I have no idea, at this point, what the resolution will be. So I appreciate the urgency of the issue, and I know 

Mr. Rohrabacher will offer and withdraw an amendment on INA 

today to spark some discussion. I hope we will be able to move forward on this issue soon. 

There are also a variety of technical drafting issues and provisions from NASA and some of our members that we could not get 

in time for this markup, given the time required to negotiate the 

bipartisan compromise. Those will be handled in a bipartisan manager’s amendment on the Floor. 

So let me conclude by saying that I am pleased that we are at 

the point we are today. We have a strong, thoughtful, truly bipartisan bill that will strengthen NASA and move it forward. Let us 

start our countdown to launching this bill. 

[The statement of Mr. Boehlert follows:] 

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Chairman BOEHLERT. Mr. Gordon. 

Mr. GORDON. Thank you, Mr. Chairman, and good morning everyone. 

When the Space and Aeronautics Subcommittee marked up H.R. 

3070 shortly before the 4th of July recess, Representative Udall 

and I expressed some significant concerns that we and other members of the Committee’s Democratic caucus had about the bill. 

At that time, we discussed some of the essential principles that 

we believe should be reflected in the NASA authorization. 

First, we believe that NASA is and should remain a multi-mission agency with a robust set of R&D activities in science, aeronautics, and human space flight. 

Second, we support the goal of human exploration beyond lowEarth orbit. We just want to make sure that it is going to be properly paid for and not funded by cannibalizing NASA’s other important missions. 

To that end, we believe it is important to do what we can to ensure that adequate firewalls exist between NASA’s accounts so that 

a productive balance is maintained between NASA’s core missions 

while still providing sufficient flexibility to deal with emergencies. 

We also think that providing multi-year funding guidance in the 

NASA authorization is another important way of supporting an appropriate balance among the agency’s programs. 

Third, we also think it is important to establish priorities within 

NASA’s exploration programs, as well as the agency’s other accounts. The fiscal situation is only going to get worse over the next 

few years, and we need to be sure that NASA’s exploration program is spending its money wisely and focusing on the highest priority tasks. 

In that regard, we believe that the development of the Crew Exploration Vehicle should be the highest priority for the next several 

years, along with planning to better define the overall exploration 

architecture and its prioritized implementation plan. 

Fourth, we believe that since the Nation has invested significant 

taxpayer funds in the development of an International Space Station, NASA should ensure that we make sure of its potential to advance fundamental and applied science, not just to support the exploration initiative. And of course, we should honor our international commitments to the International Space Station program. 

Finally, we also believe that while goals can be useful, it isn’t 

wise to try to write them into law as hard deadlines. Both safety 

considerations and common sense argue that NASA needs to have 

flexibility to accommodate changing situations, whether technical, 

operational, or budgetary in nature. And I am pleased that the 

manager’s amendment avoids such hard deadlines. 

Having said all of that, the Democratic members of the Committee decided that the most appropriate response to our unhappiness with H.R. 3070 would be to offer a responsible alternative that 

reflects those principles. 

And that is what we did. With useful input from all of the Democratic members of our Committee, as well as provisions from the 

Senate’s version, we drafted H.R. 3250, which was formally introduced earlier this week. 

148 

The provisions in that bill provided the basis for very constructive negotiations between Chairman Boehlert and Chairman Calvert over the last week. As a result, many of the provisions from 

H.R. 3250 are now incorporated in part or in total in the manager’s 

amendment that we will consider shortly. 

Thus, if the manager’s amendment is adopted, the NASA authorization bill will include some of the following: multi-year funding 

guidance; legislative language and restructuring budgetary accounts to help provide funding firewalls and ensure balance is 

maintained; increased funding for NASA’s science programs; funding for fundamental, applied, and commercial microgravity research; funding for the Hubble servicing mission; funding for a revitalized aeronautics R&D program at NASA, with policy guidance 

from Representative Udall’s aeronautics bill; provisions to address 

workforce and infrastructure issues; priorities for the human exploration program, as well as a number of other provisions that some 

of my colleagues would like to discuss. 

Mr. Chairman, we have a rocky—we had a rocky start, but I believe we have ended up with a good bill. I want to thank you and 

Chairman Calvert for your willingness to listen to our suggestions 

for addressing issues of concern. And I think that the bill, as 

amended by our manager’s amendment, is a good one, and one that 

I will be happy to support. 

Thank you, and I yield back the balance of my time. 

[The statement of Mr. Gordon follows:] 

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Chairman BOEHLERT. Thank you very much, Mr. Gordon. 

Thank you very much for emphasizing the constructive working 

partnership we have that produces, on this Committee, results that 

we all can be proud of. 

With that, I recognize Mr. Calvert, the Chairman of the Subcommittee on Space and Aeronautics. Let me point out, this is his 

maiden voyage as Chairman, and he has done an outstanding job. 

He has been tireless in his effort. He is getting out all across the 

country to the NASA facilities. No one has worked any harder or 

deserves any more credit than Mr. Calvert. 

Mr. Chairman, you are recognized. 

Mr. CALVERT. Thank you, Mr. Chairman. 

And I know we are all disappointed about the Shuttle Discovery’s 

scrubbed mission yesterday, but we are looking forward to NASA 

safely returning to flight soon. 

Our civil space program excites the world. In a Gallup poll released this week, more than 3⁄4 of the American public support a 

new plant for space exploration. Yesterday, almost 50 members of 

the House and several Senators went to launch—went to the 

launch to witness the return of flight nearly 21⁄2 years since the Columbia accident. 

Today’s markup is also a great event. We are having a Full Committee markup of the NASA authorization bill for 2005. The last 

time that we had a NASA authorization bill was in 2000. I want 

to commend the Chairman, Chairman Boehlert, and Ranking Members Gordon and Udall, for their cooperation in carefully crafting 

a bipartisan bill for our markup today. It has taken numerous 

meetings of the principals and long, hard hours of staff work on 

both sides to come to this very complex and balanced agreement. 

As mentioned, we are going to offer a bipartisan manager’s amendment to the bill that members of the Space and Aeronautics Subcommittee marked up 2 weeks ago and reflects the agreements 

made over the last couple of weeks. 

The bill endorses the President’s Vision for Space Exploration, 

the first time this has been done since the President announced the 

Vision January 14, 2004. The NASA Authorization Bill of 2005 is 

a balanced 2-year bill with support for human space flight, science, 

and aeronautics. 

Because NASA is undergoing a major transformation with its 

new Administrator, Dr. Mike Griffin, we have asked for a number 

of strategic plans in the areas of aeronautics, science, human capital and facilities, including the test facilities. The bill addresses 

the need for NASA to make better use of commercial products, including software, as well as to work with entrepreneurs in accomplishing NASA’s goals. We also included a version of the ‘‘NunnMcCurdy’’ cost containment language that has been crafted for 

NASA and its development programs. Also, by remaining silent on 

the Shuttle program’s length of operation, the bill provides the Administrator the flexibility to move forward with his plan to retire 

the Shuttle program in 2010. Ending the Shuttle program at this 

time will free up funding to accelerate the development of the Crew 

Exploration Vehicle and to help to close the gap between the Shuttle and the CEV. 

152 

NASA has promised Congress a number of other reports this fall 

in such areas as the number of Shuttle flights planned before its 

retirement, a description of the Crew Exploration Vehicle, a description of any heavy-lift vehicle that NASA may plan to develop, 

a plan for servicing the Hubble Space Telescope following the second test flight of the Shuttle, and the research agenda for the 

International Space Station and its proposed final configuration. 

These are key issues before the agency that Congress will examine 

over the next year. We have asked the Office of Science and Technology Policy to look at R&D programs across the Federal Government and to document all programs that may be duplicative in 

multiple agencies and also those that may have fallen through the 

cracks. We have also asked for NASA to consider various business 

models as it looks to the agency’s restructuring. All of this information will enable Congress to craft legislation in the future which 

parallels the exciting changes and challenges NASA will face in the 

coming years. 

Again, I want to thank the Committee leadership and our working—hardworking staff for their efforts in putting together this bill. 

We hope to have a bill on the Floor, I hope, next week, and hopefully to conference with the Senate once their bill clears the Senate 

Floor. This is an important milestone for the Science Committee. 

I appreciate the hard work of the Chairman. 

With that, I yield back the balance of my time. 

[The statement of Mr. Calvert follows:] 

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Chairman BOEHLERT. Thank you very much, Mr. Calvert. 

And now your partner in this venture, Mr. Udall from Colorado, 

who has also worked unselfishly and tirelessly to produce the product we have before us today. 

You are recognized, Mr. Udall, for any comments you might care 

to make. 

Mr. UDALL. Thank you, Mr. Chairman. 

Let me start by thanking you, Ranking Member Gordon, and my 

friend, Subcommittee Chairman Mr. Calvert, for your work to 

reach a consensus on the bill. 

I know we share the same goal, which is a reauthorization bill 

that will give NASA clear direction for their future missions, like 

Hubble, aeronautics, and the moon-Mars initiative. And the manager’s amendment provides a balanced policy directive to NASA 

that will allow the agency to continue to work toward the moonMars initiative, but also continue its vital research in the agency’s 

other core areas. 

As I and Ranking Member Gordon had mentioned during the 

Subcommittee markup of the bill, a NASA authorization bill should 

ensure a productive balance is maintained between NASA’s core 

missions: science, aeronautics, and human space flight, including 

human exploration. In particular, I am interested in establishing 

protections for the science and aeronautics programs, as these missions have encountered the most uncertainty recently with regard 

to funding and the continuation of many projects. 

By reorganizing NASA’s budget accounts, I believe this will establish the proper protections to ensure that cost overruns in one 

account will not be taken out of another. 

Many of the missions, both for human space exploration and 

science, are anxiously awaiting the return to flight of the Space 

Shuttle, which I am confident, as everybody on this Committee is, 

will soon successfully be undertaken. One of these missions is the 

Hubble servicing mission. A National Research Council report 

called the Hubble space telescope: ‘‘the most powerful astronomical 

facility ever built.’’ Hubble has provided inspiration worldwide to 

young and old, scientists and non-scientists alike. And after the 

public outcry about a possible cancellation of a mission to Hubble, 

I am pleased to see that this amendment not only includes a servicing mission, but also authorizes $150 million to be used for 

Hubble. 

Turning to aeronautics, progress in aeronautics is crucial to the 

health of the Nation’s air transportation industry, which in turn is 

crucial both to the continued strength of our domestic economy and 

to our international competitiveness. When Dr. Griffin testified before our Committee, he stated, ‘‘NASA does its best when our aeronautics programs are focused around key technical demonstrations, 

which are of a groundbreaking nature.’’ I would wholeheartedly 

agree with this statement, and this is why I introduced legislation 

that names three breakthrough R&D initiatives in subsonic, supersonic, and rotorcraft. 

As we see other countries making increased investments into 

their aeronautics industry, it is even more important that we continue breakthrough research that will benefit our aeronautics inVerDate Aug 04 2004 20:33 Jul 19, 2005 Jkt 022474 PO 00000 Frm 00155 Fmt 6604 Sfmt 6602 E:\HR\OC\HR173.XXX HR173
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dustry, the Department of Defense, and NASA’s other program 

areas. 

I want to also highlight another title of the amendment that will 

allow cities and municipalities better access to remote sensing 

data. In my home State of Colorado and cities throughout our country, we are faced with a real problem of excess growth and sprawl. 

We now have technology using geospatial data from satellites that 

can produce very accurate maps that show information about vegetation, flood plains, transportation, soil types, and many other 

things. The amendment includes provisions that would establish in 

NASA a program of grants for competitively-awarded pilot projects. 

Let me move also to the manager’s amendment and what it does 

in regards to education and outreach within NASA. It is no secret 

to members of this Committee that the United States is falling behind in producing graduates in the so-called ‘‘stem disciplines’’: 

science, technology, engineering, and math. Every mission performed at NASA can inspire young students to continue to study 

the stem subjects. NASA’s education programs are key to reaching 

these students at a young age. In that regard, I am particularly 

pleased by the authorization figures for the space grant program. 

This successful program provides hands-on experience to college 

students regarding space and science fields. 

And then lastly, I believe this amendment makes important 

steps to keep the NASA workforce informed of organizational 

changes and allow proper study and evaluation of any of these 

changes. Maintaining core competencies within NASA is dependent 

on maintaining a sufficient workforce. Working closely with the 

NASA workforce is important, and I believe the manager’s amendment makes strides to do this. 

So Mr. Chairman, in closing, I am pleased, as well, that we have 

been able to come to a consensus. I appreciate very much the open 

dialogue that occurred, and I look forward to working with you, the 

Ranking Member, and all of the members of the Committee as we 

move this bill to the Floor and convene our negotiations with the 

Senate in the conference. 

And I yield back. 

[The statement of Mr. Udall follows:] 

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Chairman BOEHLERT. Thank you very much. 

Without objection, members may place statements in the record 

at this point. 

[The statements of Ms. Johnson of Texas, Mr. Honda, Mr. Lincoln Davis and Ms. Jackson Lee follow:] 

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Chairman BOEHLERT. We will now consider H.R. 3070, the National Aeronautics and Space Administration Authorization Act of 

2005. 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. 

Chairman BOEHLERT. The first amendment on the roster is an 

amendment offered in the nature of a substitute, offered by the 

Chair. I ask unanimous consent that the amendment in the nature 

of a substitute be treated as original text for purposes of amendment under the 5-Minute Rule. Without objection, so ordered. 

I have an amendment at the desk. The Clerk will report. 

Ms. TESSIERI. Amendment in the nature of a substitute to H.R. 

3070 offered by Mr. Boehlert of New York, for himself, Mr. Gordon 

of Tennessee, Mr. Calvert of California, and Mr. Udall of Colorado. 

Chairman BOEHLERT. As I mentioned in my opening statement, 

we have reached a thoughtful, bipartisan compromise, which is embodied in this substitute. I want to thank everyone who helped put 

together this compromise over many, many days and hours of negotiating, including the staff, but especially including the staff on 

both sides of the aisle, and Tim Brown from the Legislative Counsel’s office, who worked to get us the formal language back so 

quickly. 

The principles behind this substitute are the same as the principles that underlie the bill Mr. Calvert and I introduced. We need 

a multi-mission NASA with a balanced set of programs, and we 

need to move away from the current human space flight activities 

so we will be able to implement the President’s vision for human 

space flight. 

This substitute includes virtually all of the language that appeared in our bill, H.R. 3070, while bringing in many provisions 

from the Democrat proposal. Because of the compromise, the bill 

will now provide more specificity about authorization levels for fiscal years 2006 and 2007, will make those levels more enforceable, 

and will endorse a Hubble servicing mission, with the obvious caveat that it should not be done if the safety calculus changes. I 

think these are all very worthy provisions. 

The substitute also includes several provisions that were lacking 

in the Democrat bill, perhaps most importantly an endorsement of 

the goal of returning to the moon by the year 2020. The substitute 

is also less prescriptive than the Democrat version was about both 

the aeronautics program and the Space Station research program. 

The thorniest issues in the negotiation were what to do about the 

current human space flight program. I have to say, this surprised 

me because the Station and Shuttle, which now account for about 

40 percent of NASA’s budget, eat up funds that should go to 

science and aeronautics and to the President’s vision, all stated priorities of this Committee’s leadership on both sides of the aisle. 

I think we have come to a reasonable compromise on these 

points. 

On Shuttle retirement, the substitute is silent, which allows the 

Administration to go ahead with its plan to retire the Shuttle by 

2010. 

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That retirement date is essential to have a forward-looking space 

program. The Shuttle is a magnificent achievement, as anyone who 

has seen it can attest. But as we learned again just yesterday, it 

is also a hellaciously complex and balky piece of equipment, outdated in many ways, and certainly not as safe as one would prefer, 

and it eats up a huge amount of money, whether it flies or not. We 

have to move on. 

As for the Space Station, we all want to see the International 

Space Station used to the extent possible, given our investment in 

this facility. But we should be using it only to the extent that research could not be performed better elsewhere and only to the extent that the International Space Station does not consume funds 

that could be spent more productively elsewhere. Those criteria significantly narrow the ISS research agenda. 

The substitute includes more direction about Space Station research than does H.R. 3070 and specifically requires that some of 

the research not be directed at human exploration. 

That is not what I would have preferred, but it is a reasonable 

compromise, especially given that, unlike the Democrat bill, the 

substitute lets the Administration decide how much money to devote to Space Station research. 

So this is really a true compromise. Both sides got some things, 

both sides gave up some things. What is important is the future 

the bill outlines for NASA. 

The substitute, in effect, endorses the President’s vision, points 

us back to the moon, and provides the funding necessary to move 

ahead with the development of the Crew Exploration Vehicle. At 

the same time, the substitute provides more funding for science 

and aeronautics than the President requested. And the substitute 

allows NASA to move ahead with its plans to gradually move away 

from its current human space flight programs. 

In short, the substitute will give us a bill we can all be proud 

of. I look forward to working with my colleagues to preserve its key 

features in Congress. 

[The statement of Mr. Boehlert follows:] 

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Chairman BOEHLERT. Is there any further discussion on the 

amendment? If not, the vote occurs on the amendment. All in favor, 

say aye. Opposed, no. The ayes seem to have it. 

The second amendment on the roster is offered by the gentleman 

from California, Mr. Rohrabacher. Counsel is going to give me 

some counsel. Unanimous consent to vacate the vote. We have 

just—we have got the substitute as the base text for the amendment. And so we will proceed with the amendments—proposed 

amendments to the substitute, and then we will pass the substitute, as amended. 

Mr. Sherman, I see you nodding yes, and when you nod yes, that 

always makes me happy. 

The second amendment on the roster is offered by the gentleman 

from California, Mr. Rohrabacher. 

Mr. Rohrabacher, are you ready to proceed? 

Mr. ROHRABACHER. Yes, thank you very much. 

Chairman BOEHLERT. Would you be so kind as to share with all 

of us in the audience the proud photograph you have? 

Mr. ROHRABACHER. Here are new astronauts in the making, 

three of them. 

Chairman BOEHLERT. For those of you who don’t know, Mr. 

Rohrabacher is the proud father of infant triplets, and he is one of 

the premier surfers in the Congress, and he is getting his youngsters in the water early in preparation for getting them on the surfboard. 

Mr. ROHRABACHER. Right. Until they can float in space, they will 

be floating in the water. So—— 

Chairman BOEHLERT. You may proceed with your amendment, 

Mr. Rohrabacher. 

Mr. ROHRABACHER. Thank you, Mr. Chairman. And as you know, 

I do plan to withdraw this amendment, and I thank you very 

much. 

Mr. Chairman, I ask—— 

Chairman BOEHLERT. The Clerk will report the amendment. 

Ms. TESSIERI. Amendment to H.R. 3070 offered by Mr. Rohrabacher of California. 

Mr. ROHRABACHER. Mr. Chairman, I ask consent to insert in the 

record a written statement. 

Chairman BOEHLERT. Without objection, so ordered. 

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Mr. ROHRABACHER. And I ask consent that the record note that 

Mr. McCaul of Texas should be listed as a co-sponsor of my amendment. 

Chairman BOEHLERT. Without objection, so ordered. 

Mr. ROHRABACHER. Finally, I do intend to withdraw my amendment, as I said, but the other members should have an opportunity 

to speak on this as well, if they have their thoughts on the matter. 

Six years ago, this Committee crafted Section 6 of part of Section—and part of Section 7 of the Iran Non-proliferation Act to pursue certain space goals, as well as non-proliferation concerns under 

the jurisdiction of another committee. I was a strong supporter of 

both the sections of the bill as well as the overall bill itself, in 

terms of the non-proliferation act. 

Today, we know Section 6 hasn’t worked on either score, either 

for American’s space program, or in any way affecting the non-proliferation of weapons to Iran. Regarding space, it may have been 

useful early on, but long ago, this became a net minus. 

Since the Columbia tragedy, Russia’s government and industry 

have borne the burden of supporting our crews at the International 

Space Station. The Russians have proven themselves to be reliable 

and dependable partners in space. Even so, for these 30 months 

NASA could not buy any goods or services from Russia to improve 

those crews’ safety or research or productivity. 

Now however, looking forward, things are bound to get worse 

in—very shortly. Russia’s obligation to provide crew rescue and 

transfer services to NASA expires next April, when the 11th Soyuz 

capsule visit to the International Space Station returns to Earth. 

But the first impact is this October, when intensive training for the 

12th Soyuz crew must begin. 

As Dr. Griffin told us recently, with no crew rescue capability, 

our astronauts can not stay at the International Space Station between Shuttle flights. So we will be risking human lives to fly the 

Shuttle to assemble and service the Space Station occupied and 

used exclusively by other countries for the next 5 to 7 years. That 

is screwy. You don’t have to be a ‘‘robots in space’’ fanatic to think 

that that is a lousy deal for America’s taxpayers and our scientists. 

And as it now stands, the INA blocks NASA from buying any 

Russian space goods or services for human space flight forever. 

That is forever. Ironically, the Pentagon can launch satellites using 

Russian rocket engines, but Mike Griffin’s NASA can not buy those 

very same rockets, or any other innovative commercial services, to 

affordably resupply Space Station or perform any other human exploration missions. 

As a former Chair of the Space Subcommittee, I think that is 

wasteful and stupid. As a senior member of the Subcommittee and 

Chair of the International Relations Committee, Subcommittee on 

Oversight and Investigations, I believe that this inconsistency 

weakens our U.S. non-proliferation policy. 

So for both space and security reasons, the Administration has 

proposed a change that preserves the non-proliferation provisions 

in the INA, while allowing NASA to buy Russian space goods and 

services for Station and exploration projects beyond Russia’s original Space Station commitments. And let me note very emphatically, Mr. Chairman, this Administration proposal is NASA’s numVerDate Aug 04 2004 20:33 Jul 19, 2005 Jkt 022474 PO 00000 Frm 00181 Fmt 6604 Sfmt 6602 E:\HR\OC\HR173.XXX HR173
182 

ber one legislative request to the Congress this year. Without it, 

Space Station is going to go in a horrible direction in terms of the 

United States of America. As I say, we will be excluded from it 

after paying for it and actually supplying it. We need to get this 

done or there will be serious consequences. 

My amendment does exactly what was requested by the Administration: it deletes the prospective half of the definition of Section 

6’s key term, that is, ‘‘extraordinary payments in connection with 

the International Space Station’’. 

With your indulgence, I would like to make just a couple other 

points. 

First, this proposal is long overdue. I have tried to get the former 

Administrators and Administrations, let me note, the Clinton Administration and the Bush Administration, to drop the ball on this 

very important piece of legislation. And Mr. Sherman and I have 

long supported the non-proliferation act, and we have tried our 

best to get the Administrations to implement it by offering not just 

the stick, which is part of what we are talking about today, but a 

carrot approach to the Russians to get them to cease their cooperation with the Iranians. Unfortunately, that cooperation on that nuclear power project is over now, and the Russians have completed 

their contribution. 

I want to thank Mr. Hall, who, while serving as Ranking Member, as well as Mr. Gordon and our former colleague Mr. Lampson, 

for repeatedly offering their bipartisan support to fix this non-proliferation act. They generously tried to solve the problem facing 

the—our Republican President, and also the problem faced Bill 

Clinton before him. 

Third, and finally, some may wish to not only carefully consider, 

but to actually try to rewrite this proposal. I understand that. We 

have people working on that, but we do not have time nor, in my 

opinion, good space policy to delay action much further. The part 

of the INA that this amendment changes is already overwhelmingly counterproductive to the goals of this authorization bill as 

well as the goals of the non-proliferation act. 

Chairman BOEHLERT. Thank you very much. I appreciate the 

gentleman’s willingness to—— 

Mr. ROHRABACHER. Thank you very much. 

Chairman BOEHLERT [continuing]. Offer and withdraw his 

amendment on this important topic. And I agree that a resolution 

on the issue created by the Iranian non-proliferation act must be 

a part of this bill before we send it to the President’s desk. 

And I will now recognize, in the following order, Ms. Woolsey, 

Mr. McCaul, and Mr. Sherman. You are recognized. 

Ms. WOOLSEY. Thank you, Mr. Chairman. 

And I know this amendment is going to be withdrawn, but I appreciate your letting me speak to it, because I want to emphasize 

the importance of non-proliferation, particularly with regard to future space travel. 

I have introduced the Nuclear Non-proliferation Treaty Commitments Act in order to encourage the United States to live up to its 

international commitments to disarm its large nuclear weapons 

stockpiles. And I believe that we need to ban all use of nuclear 

183 

weapons in space, something that we can do under the jurisdiction 

of the Science Committee. 

So I look forward to further review of Mr. Rohrabacher’s vision. 

I look forward to the goal and supporting the goal to prevent nuclear proliferation of space and anything we can do to strengthen 

the United States’ non-proliferation policy. So I look forward to 

working with all of you on that. 

Thank you. 

Mr. CALVERT [presiding]. The gentlelady yields back the balance 

of her time. 

Mr. McCaul. 

Mr. MCCAUL. Thank you, Mr. Chairman. 

And I thank Congressman Rohrabacher for sponsoring this important amendment. We also share something else, in addition to 

supporting this amendment. I am the proud father of triplets as 

well. They will turn 4 in August. So we are thinking of maybe 

starting a caucus. 

Mr. Chairman, according to President Bush, Secretary of State 

Condoleezza Rice, and NASA Administrator Michael Griffin, this is 

one of the most important issues concerning NASA that we will address in the 109th Congress. We are all against the proliferation 

of nuclear weapons. We are also dedicated to manned space flight 

and the International Space Station. 

As a member of the Space Subcommittee, I believe this amendment will provide NASA with the much-needed fix to the Iran Nuclear Non-proliferation Act. As a member of the International Relations Committee, I also believe that this amendment will correct 

this legislation but will not usurp its worthy purpose of preventing 

the proliferation of nuclear weapons. 

As a supporter of the President’s Vision for Space Exploration, 

Congressman Rohrabacher’s amendment will further President 

Bush’s objective to achieve our goal of exploring the moon, Mars, 

and beyond. And so I urge my colleagues on this Committee, and 

the International Relations Committee, to support this valuable 

amendment, and I look forward to working with Congressman 

Rohrabacher to make sure this legislation is adopted. 

Thank you, Mr. Chairman. 

Mr. CALVERT. I thank the gentleman. 

The gentleman yields back the balance of his time. 

The gentleman from Los Angeles, California, Mr. Sherman. 

Mr. SHERMAN. Well, I know how it pleases the Chairman for me 

to nod affirmatively but I must shake my head in opposition to this 

amendment, I even though it will be withdrawn, and to the concept 

of making a similar change before this bill reaches the President’s 

desk. 

It is interesting to find out we have got triplets and triplets. My 

side has often wondered why there are so many Republicans. Now 

we know. 

We need to balance, on the one hand, our efforts to prevent Iran 

from having nuclear weapons versus our desire to meet, in full, our 

timetable of commitments to the International Space Station. I 

would say that the former is probably more important than the latter. One, nuclear bombs smuggled into an American city is such a 

thought that it dwarfs even our efforts in space. 

184 

The current law is just fine. It allows the President to certify 

that in the prior year Russia has not contributed to the Iranian nuclear program. So if Russia simply stops its efforts in 2005 to help 

Iran develop nuclear weapons, then in 2006, we have no problem. 

This is not an amendment designed to prevent the Russians from 

being punished for sins of the past. It is an amendment designed 

to allow the Russians to continue to help the Iranian nuclear program. 

Now I would certainly support any clarifying changes to statute 

necessary to protect our astronauts in a life-threatening circumstance, but we already have language in the bill that says that 

there is a waiver if cooperation with the Russians is necessary or 

payment to the Russians is necessary to prevent a loss of life or 

grievous injuries. If that language in the statute needs to be clarified, fine. 

But what the proposed amendment does is it eviscerates the entire section. It says we can make payments to Russia notwithstanding their cooperation with Iran on nuclear weapons and the 

Iranian nuclear program, except we can’t pay Russia to do the 

things they have already agreed to do with their own money, which 

is something they have never asked us to do. So it basically strikes 

Section 6 out of the law. 

We should involve, of course, the International Relations Committee, a Committee that will think first of the nuclear proliferations program of Iran and is somewhat less involved, of course, 

with our space program. 

I look forward to, if necessary, making a change in this bill that 

would allow us, and I frankly wouldn’t want to go this far, to say 

we can make payments to Russia to assure the success of the International Space Station mission until 2012. But I would hope not to 

go that far, but even that, it is only part of the way down the road, 

whereas the amendment, which will be withdrawn by the gentleman, goes all of the way down the road to completely 

eviscreating Section 6. 

Finally, the gentleman points out that we have not been effective 

in preventing Iran from moving forward with its nuclear weapons 

program. This is true, but that is because we don’t have a comprehensive and effective policy to put economic pressure on Iran, 

to deal effectively with Russian contributions to the Iranian nuclear program, et cetera. We have ignored the Iran-Libya Sanctions 

Act, or at least the Administration has refused to enforce it. It is 

not the right action of this Congress to say, ‘‘Well, the current program isn’t working, so let us do absolutely nothing. Let us remove 

those elements that we already have in current law.’’ Instead, Section 6 should be part of an overall program to prevent Russia from 

cooperating with the Iranian program and to prevent Iran from 

going forward with its nuclear weapons program. 

Let me reemphasize, the President makes an annual certification, so we can leave the statute alone, and if Russia does not 

aid Iran in its nuclear program in 2005, then we are totally free 

to move forward with payments to Russia in 2006. If—and in fact, 

if the President is able to certify that Russia did not help Iran’s 

nuclear program in 2004, then the problem the gentleman is worried about doesn’t even exist. The President just has to certify that 

185 

which he would be preferred to certify. The reason this change is 

being proposed is the President can’t certify that Iran did not receive aid to its nuclear program from Russia in 2004, and he 

doubts that he will be able to make that certification for 2005. And 

that is why we need to keep Section 6 in the Iran Non-proliferation 

Act of 2000. And that is why I hope that we don’t make any significant change to current statute. 

And I yield back. 

Mr. CALVERT. The gentleman’s time is expired. 

Does the gentleman from California wish to withdraw his amendment? 

Mr. ROHRABACHER. Yes, I ask unanimous consent for 1 minute 

to—— 

Mr. CALVERT. The gentleman is recognized for 1 minute. 

Mr. ROHRABACHER. I think Mr. Sherman has made some very 

poignant points today. And Mr. Sherman and I have been standing 

together for a long time on this Iranian issue, and I appreciate the 

leadership that he has provided over the years on that and some 

of the points he has made today. I am going to be withdrawing my 

amendment. I hope those who are working on the wording that will 

try to meet this problem will take into consideration some of what 

Mr. Sherman told us today. 

Let me note that I do not believe, however, that the American 

space program should bear the brunt of the cost of trying to accomplish what Mr. Sherman and I agree on as the noble goal, not only 

a noble goal, but an essential goal for American security and is 

dealing with this nuclear threat of the Iranians. 

So with that said, I would withdraw—ask unanimous consent to 

withdraw my amendment. 

Mr. CALVERT. The gentleman asks unanimous consent to withdraw his amendment. Any objection? Seeing none, the amendment 

has been withdrawn. 

Next is the third amendment on the roster offered by the gentleman from Louisiana, Mr. Melancon. Are you ready to proceed 

with your amendment, sir? 

Mr. MELANCON. Yes, Mr. Chairman. I have the amendment at 

the desk. 

Mr. CALVERT. The Clerk will report the amendment. 

Ms. TESSIERI. Amendment to the amendment in the nature of a 

substitute offered by Mr. Melancon of Louisiana. 

Mr. CALVERT. I would ask unanimous consent to dispense with 

the reading. Without objection, so ordered. 

The gentleman is recognized for 5 minutes to explain his amendment. 

Mr. MELANCON. Thank you, Mr. Chairman. 

As with the previous amendment, I intend to withdraw, but I 

would like to make this statement and to commend the Chairman, 

Mr. Gordon, Mr. Calvert, and Mr. Udall for their efforts in putting 

together this amendment that will be presented on the Floor of the 

House next week. 

My amendment is—there is funding pressure to reduce the 

NASA infrastructure operating costs. That will continue as NASA 

transitions to the new space exploration program. NASA will have 

to bear the cost of maintaining unused infrastructure until it is 

186 

needed by the exploration program or eliminate the infrastructure. 

Additional funds or alternate revenues are required to meet these 

challenges. Enhanced use lease, EUL, provides government agencies the capability to receive full market value consideration for 

sale or leasing on all the parts of their agency’s facilities. 

The EUL authority has been granted to the Department of Energy, Veterans Administration, and the Department of Defense to 

help transition and redevelop facilities affected by BRAC or other 

facility closings. NASA was granted EUL authority in 2003, the 

2003 appropriations bill for use only at the Ames Research Center 

and the Kennedy Space Center. The Senate NASA Authorization 

Act of 2005 grants NASA authority for all centers to retain the net 

proceeds for sale or lease of real property and to utilize those funds 

for real property needs. 

This provision will allow NASA to directly apply those proceeds 

to maintain NASA real property instead of using critical program 

dollars needed to execute NASA’s mission. Expanded EUL authority for NASA will help develop underutilized facilities and utilize 

the revenue to pay operating costs to retain the infrastructure not 

immediately needed by the exploration program. 

The EUL authority helps avoid potential costly shutdowns and 

start-up costs in the facilities that may not be immediately needed 

by the exploration program. Enhanced use lease allows NASA to 

maximize the revenue potential, because it authorizes NASA to 

charge a fair market value. 

EUL authority gives NASA maximum flexibility and capability to 

use the revenues earned from leasing unused portions of MAF to 

maintain the infrastructure without reallocating funds from other 

programs. And therefore, the recommendation of the House NASA 

reauthorization amendment bill includes similar provisions as the 

Senate authorization bill does, allowing all of NASA to retain the 

proceeds from sales and/or lease of underutilized infrastructure to 

help pay for its real property needs. 

I thank you for the opportunity to—— 

Mr. GORDON. Would the gentleman yield? 

Mr. MELANCON. Yes, I would. 

Mr. GORDON. Let me just very quickly say that my friend from 

Louisiana has a very good amendment. There is similar language 

in the Senate bill, as he pointed out. It was in our original Democratic substitute, however, the Majority, and I agree, was concerned that it would be a joint referral that could slow this process 

down. You certainly have my commitment, and I think the rest of 

us, our commitment to concur with the Senate on this important 

amendment. 

Thank you. 

Chairman BOEHLERT. Thank you very much. 

The gentleman’s time is expired. 

Just let me say, I support the amendment offered by—the intent 

of the amendment offered by the gentleman from Louisiana, but I 

can’t accept it now. Lest you think this is just another example of 

political double talk, I support it but can’t accept it. The reason I 

can’t accept it, as Mr. Gordon has just pointed out, this would 

waive laws that are not in the jurisdiction of the Science Committee. However, I can assure you that I hope to work with you 

187 

and Mr. Gordon as we move toward the Floor, as we negotiate the 

bill in conference. The intent is absolutely right on target, and we 

are with you. 

Mr. MELANCON. Mr. Chairman, if I could, then, I would ask 

unanimous consent to withdraw the amendment. 

Chairman BOEHLERT. Without objection, so ordered. 

The fourth amendment on the roster is the amendment offered 

by the gentlelady from Texas, Ms. Jackson Lee. 

Ms. Jackson Lee, are you ready? 

Ms. Jackson Lee is conferring with Mr. Gordon, and I will confer 

with all of you. 

We—you don’t get to this juncture when you have people on both 

sides of the center aisle essentially agreeing by accident. It takes 

a lot of hard work on the part of all. And particularly the staff. The 

staff on this Committee, you know, it is great. As I point out that 

we may come to some agreement at 9:30 or 10 o’clock at night on 

something very complex and say, ‘‘Okay.’’ We shake hands. Mr. 

Gordon and I shake hands. And off we go into the twilight and say 

to the staff, ‘‘Fix it.’’ And they have got to—what they have got to 

fix takes, you know, hours more work, and we expect to come in 

the next morning and have it ready to go. And lo and behold, it 

was, which is an outstanding tribute to our respective staffs. 

And now that we have acknowledged their fine work, let me acknowledge the fine work of another valued member of this Committee, Ms. Jackson Lee. 

Are you ready to proceed? 

Ms. JACKSON LEE. Yes, Mr. Chairman. 

I have an amendment at the desk. 

Chairman BOEHLERT. The Clerk will report the amendment. 

Ms. TESSIERI. Amendment to the amendment in the nature of a 

substitute offered by Ms. Jackson Lee of Texas. 

Chairman BOEHLERT. The gentlelady will proceed. 

Ms. JACKSON LEE. Mr. Chairman, I know that in the course of 

my being in the Homeland Security Committee this morning, there 

have been many accolades given regarding NASA, and certainly 

members who were able to participate yesterday in the proposed 

historic opportunity were reflecting on the importance of man’s exploration and women’s exploration into space. And I want to echo 

that and thank both the Chairman and the Ranking Member for 

the opportunity to join them for what was a historic day, because 

it was America’s commitment to return to space exploration. And 

it was also America’s commitment to safety and detail. And that 

is what our friends at NASA are doing today. And I want to thank 

the astronauts, as well, offering themselves for service to America, 

and, of course, their families. 

My amendment tracks the value that we place on NASA and the 

value of space exploration and the value of diversity and inclusion 

and training. The historically black colleges and universities, our 

institutions, and I will have a later amendment dealing with Hispanic-serving institutions, but these are institutions which many 

national officials—NASA officials have reflected on as contributing 

to the increased diversity around the question of math and science, 

but also around the question of professionals at the new restored 

NASA. Dr. Griffin said that he will be looking to internal expertise 

188 

to rebuild NASA for its mission, not only in space, but to Mars and 

to the moon and to continue ‘‘our’’ prominence. I don’t like to use 

the word ‘‘dominance’’. I like to use the word ‘‘prominence’’ in 

space. So it is a full employment, a full involvement amendment 

to restore $69.2 million into the historically black colleges account 

and to be able to assist NASA and to be able to follow its new 

guidelines. The fact is that this year HBCUs face a $13 million cut in their 

allotment for NASA education funds. Clearly, this money could 

make a significant difference in the future diversity of the science 

community. Renowned writer, scholar, and educator W.E.B. 

DuBois, Dr. Walter Massey, former Director of the National 

Science Foundation, and President of Morehouse College, actor and 

director Spike Lee, Dr. Deborah Hyde, one of our only four African 

American female neurosurgeons, the honorable Louis Sullivan, and 

many others are distinctive, distinguished, and successful graduates from historically black colleges and universities. 

For most of America’s history, African Americans who received a 

college education could only get it from HBCUs. Today, HBCUs remain one of the surest ways for an African American, or a student 

of any race, to receive a high-quality education. Seven of the top 

eleven producers of African American baccalaureates in engineering are HBCUs. Number one, North Carolina A&T University, 

Southern University A&M, Florida A&M, and Howard University, 

and I would add Prairie View A&M in Houston in the Texas area. 

Many of you have universities as well, and certainly one of the outstanding producers of physical sciences degrees is Xavier University. 

But one of the gleaming examples was a surprise for me yesterday as I walked into the area where the viewers were supposed to 

gather for the launch of the Space Shuttle. And there, lo and behold, was a young woman who had received a Ph.D. from Texas 

Southern University on environmental sciences, but that was not 

really the issue. She happened to be an individual who participated 

in a NASA program that I encouraged her to participate in some 

many years ago. I had lost contact with her. She had no interest, 

no knowledge, absolutely no exposure to NASA or its responsibilities. She just happened to be a Ph.D. candidate, and we were looking for an individual who might carry our message of more African 

Americans in this discipline. Well, that one experience, and it happened to be a visit to the Space Shuttle that did not launch that 

time, she now is a Ph.D. She now is associated with NASA. She 

is now writing proposals to associate historically black colleges 

with the NASA program. And I could not over-talk her with respect 

to her loyalty, commitment, and interest in NASA. 

I would only say to you that this is a worthwhile investment, and 

I would hope my colleagues would find a way, Ranking Member 

and Mr. Chairman, to work with me that we might see this come 

to fruition. I ask my colleagues to support this amendment. But 

whether it is today, whether we can find common ground, I think 

this is a worthwhile investment and has proven itself well. 

I would conclude my remarks by saying it is my understanding 

that NASA has a global fund, and that they expend funds accordingly. And I welcome that fund, but I do think we have been very 

189 

effective and successful with funds that are so designated to be 

helpful in moving the investment in America along for all of us to 

assure our place in space. 

With that, I yield back. 

Mr. GORDON. Would the gentlelady yield? 

Ms. JACKSON LEE. I would be happy to yield. 

Mr. GORDON. Just very quickly, let me concur with the premise 

that my friend from Texas has put forth in that we do have a deficiency in math and science and technical students in this country. 

We have a very fertile ground with minority students as well as 

women, and I know you are going to address that in your next 

amendment. These amendments would have been in our base bill, 

but because of the tightness of getting everything done, we didn’t 

get all of the information in time, but in conference, you can be 

well assured that your purpose will be our purpose. 

Chairman BOEHLERT. The gentlelady has three amendments, am 

I correct? 

Ms. JACKSON LEE. Yes. 

Chairman BOEHLERT. And as I understand, based upon the assurance that collectively we will work cooperatively, that you intend, after you make your remarks, to withdraw the amendments? 

Ms. JACKSON LEE. Mr. Chairman, if you would yield. 

Chairman BOEHLERT. I would be—it is your time. 

Ms. JACKSON LEE. Well, if you—if I—— 

Chairman BOEHLERT. We will allow you a little extra time. You 

know the—your indulgence of the Chair. 

Ms. JACKSON LEE. Unanimous consent. 

First, I would certainly like to bring the amendments up, but obviously with the generosity of my Ranking Member and, as we well 

know, the fact that the Science Committee has really had the 

champion reputation of being bipartisan, I would like to colloquy 

or inquire of the Chairman. 

We would have to work together, and I would hope that I could 

inquire of the Chairman to work with us on these items and for 

him to possibly see the relevance of finding a way to focus on these 

issues that we have discussed over the time. So I inquire of the 

Chairman—— 

Chairman BOEHLERT. I readily know the relevance of the distinguished lady’s presentations. And I would point out that the bill already requires NASA to work with minority institutions, so does 

current law. That is very important, because that is fertile ground. 

And I am so pleased that the lady continually talks about humans 

in space, rather than men in space, because I proudly point out 

that the Commander of the Space Shuttle Discovery ready to 

launch is a very distinguished woman who had the good fortune to 

be born in upstate New York, my neck of the woods, Colonel Eileen 

Collins. 

So you are addressing subject matter that needs to be addressed 

in a thoughtful, deliberative way, and we will be glad to work with 

you as we proceed. And if you would like, I would be glad to—if 

your intention is, as I understand your intention, to offer the three 

amendments and then withdraw, based upon the assurance that 

we will work cooperatively, I would grant you some additional time 

and offer them and withdraw them en bloc. 

190 

Ms. JACKSON LEE. I would be happy to do that on behalf of my 

colleagues who are here. And I would like to call up amendment 

number five and amendment number seven. And I thank my—— 

Chairman BOEHLERT. Without objection, so ordered to have them 

considered en bloc. 

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Ms. JACKSON LEE. Let me thank the Chairman and the Ranking 

Member for their commitment to working with me, and I will detail 

very briefly for my colleagues the amendments and suggest to you 

why I would not want this Committee to rule negatively on what 

I think are worthwhile investments in human capital, if you will. 

Might I begin by saying that the next amendment was named after Dr. Mae C. Jemison? It is a grant program of $500,000 to assist with encouraging young women to participate in math and 

science. And I think there have been many of my colleagues, including Congresswoman Woolsey and Johnson and others who are 

here, and Hooley and the distinguished gentlemen of this panel, 

who have found that the focus on young girls and women in the 

sciences can be very productive. I happened, Mr. Chairman, to 

have been at Commander Collins’, I believe, first launch. It was, 

at that time, scrubbed. And I think a number of women went down, 

because it was so much of a historic occasion. But we know of her 

great excellence and her humble beginnings. And it is a testament 

to if you invest in young women, great things can happen. 

This is a program in tribute to Dr. Jemison, who we all know is 

an outstanding member of the astronaut corps and the first African 

American woman who went into space. And that amendment 

speaks for itself. 

Let me explain the second amendment that has to do with Hispanic-serving institutions, and it will restore funding in the 

amount of $46.4 million. That is a growing population of institutions. Again, in joining my colleague, I saw the great need for investing in Texas in Hispanic-serving institutions to encourage the 

training of Hispanic Americans in the idea of engineering sciences 

and math and science. 

So the two amendments offer an investment in human capital, 

and I would ask my colleagues to support them as we move 

through conference. 

And I would ask, at this time—let me just yield to the Ranking 

Member on the last two amendments, which deal with Hispanicserving and investment in young women, the Mae Jemison, before 

I proceed with my conclusion. 

Mr. GORDON. As I mentioned earlier, I think that we have a deficit in our science and math students. If you look at all of the statistics, you will see that women and minorities are our most fertile 

ground to increase that. And as I said earlier, these are good points 

that are raised. I have a 4-year-old daughter that I hope is a great 

something. Mathematician would be nice, also. 

So you know, again, you raised good points, and we certainly 

want to support them. 

Ms. JACKSON LEE. I thank you. Let me thank you very much. 

And let me thank the Committee for the amendments I have in the 

bill on equal access and safety, and I will look forward to working 

with the Chairman and the Ranking Member on these three 

amendments through conference. 

And with that, I ask unanimous consent to withdraw amendments four, five, and seven. 

Chairman BOEHLERT. Without objection, so ordered. 

The sixth amendment on the roster, I am looking for Mr. Costello 

to see if he has arrived. I understand he is en route. 

202 

Mr. GORDON. Yes, sir. Mr. Chairman, if I might strike the last 

word. 

Chairman BOEHLERT. The gentleman is recognized. 

Mr. GORDON. As we all know, as we look around this country, we 

are seeing outsourcing as a problem all across the country. Mr. 

Costello has been a great champion of trying to find out what is 

the problem and how do we address it. He is trying to do this again 

with this particular authorization. He has asked for a study to determine what really is the impact of NASA’s purchasing processes 

and where is it going. Is it going offshore? Is it going here? And 

I think he will—and I will yield now to him to better explain his 

amendment. 

Chairman BOEHLERT. The gentleman from Illinois is recognized. 

Mr. COSTELLO. Mr. Chairman, I thank you and the Ranking 

Member. If I can catch my breath. 

Chairman BOEHLERT. While you are catching your breath, the 

Clerk will report the amendment. 

Ms. TESSIERI. Amendment to the amendment in the nature of a 

substitute offered by Mr. Costello of Illinois. 

Chairman BOEHLERT. The amendment to the amendment offered 

by Mr. Costello of Illinois, a very distinguished member of this 

Committee, is your breath caught? 

Mr. COSTELLO. It is, indeed, Mr. Chairman. 

Chairman BOEHLERT. The gentleman is recognized. 

Mr. COSTELLO. Mr. Chairman. Thank you. I apologize. I was over 

on the Floor during general debate. 

Let me explain my amendment, if I can, please. 

The two provisions in the amendment concern contracting issues 

with NASA. As you will recall, I offered an amendment before this 

Committee concerning NOAA that is similar to this amendment 

today concerning NASA. 

One, it prohibits federal jobs from being outsourced to foreign nations, with few exceptions. It requires NASA contracts for goods 

and services to be performed here in the United States. In cases 

where NASA issues a contract for goods or services to a private sector contractor, NASA would have to ensure that the contract work 

is done here in the United States. The amendment further provides 

exceptions to that policy. The NASA Administrator may waive the 

requirement if an essential instrument or service is only produced 

outside the United States or is only produced by a non-U.S. manufacturer. 

In addition, Mr. Chairman, the President may waive the requirement, if it is in the interest of national security. The restriction 

does not apply to goods and services that are currently being used 

outside of the United States or to a job contracted that is being performed by U.S. federal workers outside of the United States. 

Simply put, my provision does not prohibit any existing work or 

service that is going on overseas today. It only prohibits NASA 

from moving a job that is currently in the United States or from 

producing a good that is currently made in the United States from 

changing the status quo and going abroad, unless the reasons for 

doing so meet the exceptions that I have listed. 

We, on both sides of the aisle, I think, should agree that NASA 

should be getting their goods and services here in the United 

203 

States, not abroad. I have—as I said, I have come to the Committee 

before to talk about outsourcing. The Ranking Member, Mr. Gordon 

and I, in this very room, hosted a roundtable discussion with a 

number of experts on the issue of outsourcing to try and determine 

what the problem is, where the jobs are going, and what the future 

looks like. I don’t think that we can continue to ignore the fact that 

outsourcing and off-shoring is ongoing and sit on the sidelines and 

do nothing about it. That is why I am offering the amendment 

today. 

And I am pleased that the Majority, and the Chairman, in particular, accepted my ‘‘buy American and protect American jobs’’ 

provision in today’s NASA authorization bill. Unfortunately, I have 

to oppose the language added by the Majority that protects international trade agreements than protecting American jobs and 

goods. 

Let me just say, in short, Mr. Chairman, I think this Committee 

ought to be in the business of providing the support that we should 

provide to NASA, but whenever possible, I believe that NASA 

should be spending the U.S. taxpayers’ money here in the United 

States. The jobs should remain here in the United States. And 

goods and services that they contract for should be contracted with 

companies that, in fact, are taxpaying companies and individuals 

operating here in the United States. 

And with that, Mr. Chairman, I ask for your support and the 

support of the entire Committee. 

Chairman BOEHLERT. Thank you very much, Mr. Costello. 

This is the same debate we had, a rather extensive debate, on 

the NOAA bill, H.R. 50. But this language is even more problematic than the language that we had in that bill. NASA has international partners for whom it buys launch vehicles and other 

equipment. You know. And what we are trying to say, we ought to 

ensure the prohibition and job outsourcing only when consistent 

with intentional treaties or obligations. 

So I will reluctantly, but enthusiastically, oppose the amendment 

for those very sound reasons. 

And the Chair recognizes the gentleman from Tennessee, Mr. 

Gordon. 

Mr. GORDON. Thank you, Mr. Chairman. 

And I would like to yield to my more articulate friend from Illinois. 

Mr. COSTELLO. Thank you. And I thank the Ranking Member. 

Mr. Chairman, we did have this extensive debate before, and I 

would use the same argument today that I used then, and that is 

this Committee should not be in the business of attempting to interpret trade agreements. As we debated the NOAA authorization 

bill, I made the point then and will make the point again today, 

that the International Trade Commission has never challenged a 

provision like this before. And I will say again, as I said then, let 

us let a court decide if we have gone too far. If we are going to err 

on the side of caution, let us err on the side of the American worker, not on our international trade agreements. And certainly, the 

track before the Committee today, I think, is clear. We can either 

be aggressive about protecting jobs here in this country or be aggressive about protecting and interpreting international trade 

204 

agreements. That should be a job left up to bodies other than the 

United States Congress. 

So with that, Mr. Chairman, I yield back the balance of my time 

and know that I can count on your support. 

Chairman BOEHLERT. Thank you very much, Mr. Costello. 

Mr. Calvert. 

Mr. CALVERT. I must object to the amendment by my good friend 

from Illinois. He is my good friend. But I want to point out to the 

Committee, we have an International Space Station. We have Canadians supplying the arm. We have the Japanese, hopefully, that 

will be able to deliver their Centrifuge, which I know that both people—both sides of the aisle is interested in working with the Japanese on. We have the European Space Agency, which is also involved in International Space Station. I know that my—many of 

my friends on the other side of the aisle absolutely welcome support on the International Space Station and their participation, financial participation, in order for us to complete the Station and 

to make sure that we have the support necessary to continue that 

program. 

NASA is not NOAA. And I—and NASA is truly working with 

international partners in a peaceful way in our civil space program. 

So I would hope that members would not support this amendment. 

This is not a—this amendment would not serve NASA well, nor 

would it serve our continued efforts with the International Space 

Station and our continued efforts to get back to the moon and Mars 

and beyond. 

Thank you. 

Mr. GORDON. Would you yield, briefly? 

Mr. CALVERT. Yes, sir. 

Mr. GORDON. I just want to point out that we do have international partners, but their contributions really are either broader 

or in kind, and that we are really not purchasing from those. And 

we are glad to have that bargain. We are glad to have that in kind, 

but I just wanted to point that out. 

Mr. CALVERT. I thank the gentleman. 

Chairman BOEHLERT. You are recognized, Mr. Lipinski. 

Mr. LIPINSKI. Thank you, Mr. Chairman. 

One thing I just wanted to point out, I went down for the launch 

yesterday, but I had some time to stop in a gift shop. And I went 

and looked in the gift shop for a little gift to take home to my wife. 

And everything that I picked up, except one, said ‘‘Made in China’’. 

The one that wasn’t made in China was made in Taiwan. So I just 

wanted to mention that. I noted that there in the gift shop, and 

hopefully something can—it isn’t directly impacted by this, but 

hopefully we can do something about that, also. 

Chairman BOEHLERT. I hope you didn’t disappoint your wife 

when you got home. 

The Chair recognizes Dr. Schwarz. Do you seek recognition? Is 

there anyone else who seeks recognition on this issue? 

If not, the vote occurs on the amendment offered by Mr. Costello. 

All in favor, say aye. Opposed, nay. The nays appear to have it, 

and the amendment is—— 

Mr. COSTELLO. Mr. Chairman, I—with that, I would ask for a roll 

call vote. 

205 

Chairman BOEHLERT. The gentleman seeks a roll call vote. 

The Clerk will call the roll. 

Ms. TESSIERI. Mr. Boehlert. 

Chairman BOEHLERT. No. 

Ms. TESSIERI. Mr. Boehlert votes no. 

Mr. Hall. 

[No response.] 

Ms. TESSIERI. Mr. Smith. 

Mr. SMITH. No. 

Ms. TESSIERI. Mr. Smith votes no. 

Mr. Weldon. 

[No response.] 

Ms. TESSIERI. Mr. Rohrabacher. 

[No response.] 

Ms. TESSIERI. Mr. Calvert. 

Mr. CALVERT. No. 

Ms. TESSIERI. Mr. Calvert votes no. 

Mr. Bartlett. 

[No response.] 

Ms. TESSIERI. Mr. Ehlers. 

Mr. EHLERS. No. 

Ms. TESSIERI. Mr. Ehlers votes no. 

Mr. Gutknecht. 

Mr. GUTKNECHT. No. 

Ms. TESSIERI. Mr. Gutknecht votes no. 

Mr. Lucas. 

Mr. LUCAS. No. 

Ms. TESSIERI. Mr. Lucas votes no. 

Mrs. Biggert. 

Mrs. BIGGERT. No. 

Ms.TESSIERI. Mrs. Biggert votes no. 

Mr. Gilchrest. 

Mr. GILCHREST. No. 

Ms. TESSIERI. Mr. Gilchrest votes no. 

Mr. Akin. 

Mr. AKIN. No. 

Ms. TESSIERI. Mr. Akin votes no. 

Mr. Johnson. 

Mr. JOHNSON. No. 

Ms. TESSIERI. Mr. Johnson votes no. 

Mr. Forbes. 

[No response.] 

Ms. TESSIERI. Mr. Bonner. 

Mr. BONNER. No. 

Ms. TESSIERI. Mr. Bonner votes no. 

Mr. Feeney. 

Mr. FEENEY. No. 

Ms. TESSIERI. Mr. Feeney votes no. 

Mr. Inglis. 

Mr. INGLIS. No. 

Ms. TESSIERI. Mr. Inglis votes no. 

Mr. Reichert. 

Mr. REICHERT. No. 

Ms. TESSIERI. Mr. Reichert votes no. 

206 

Mr. Sodrel. 

Mr. SODREL. No. 

Ms. TESSIERI. Mr. Sodrel votes no. 

Mr. Schwarz. 

Mr. SCHWARZ. No. 

Ms. TESSIERI. Mr. Schwarz votes no. 

Mr. McCaul. 

Mr. MCCAUL. No. 

Ms. TESSIERI. Mr. McCaul votes no. 

Chairman BOEHLERT. How is Mr. Hall recorded? 

Mr. HALL. Votes no. 

Ms. TESSIERI. Mr. Hall votes no. 

Mr. Gordon. 

Mr. GORDON. Aye. 

Ms. TESSIERI. Mr. Gordon votes yes. 

Mr. Costello. 

Mr. COSTELLO. Aye. 

Ms. TESSIERI. Mr. Costello votes yes. 

Ms. Johnson. 

[No response.] 

Ms. TESSIERI. Ms. Woolsey. 

Ms. WOOLSEY. Aye. 

Ms. TESSIERI. Ms. Woolsey votes yes. 

Ms. Hooley. 

Ms. HOOLEY. Aye. 

Ms. TESSIERI. Ms. Hooley votes yes. 

Mr. Udall. 

Mr. UDALL. Aye. 

Ms. TESSIERI. Mr. Udall votes yes. 

Mr. Wu. 

Mr. WU. Yes. 

Ms. TESSIERI. Mr. Wu votes yes. 

Mr. Honda. 

Mr. HONDA. Aye. 

Ms. TESSIERI. Mr. Honda votes yes. 

Mr. Miller. 

Mr. MILLER. Aye. 

Ms. TESSIERI. Mr. Miller votes yes. 

Mr. Davis. 

[No response.] 

Ms. TESSIERI. Mr. Carnahan. 

Mr. CARNAHAN. Yes. 

Ms. TESSIERI. Mr. Carnahan votes yes. 

Mr. Lipinski. 

Mr. LIPINSKI. Aye. 

Ms. TESSIERI. Mr. Lipinski votes yes. 

Ms. Jackson Lee. 

Ms. JACKSON LEE. Aye. 

Ms. TESSIERI. Ms. Jackson Lee votes yes. 

Mr. Sherman. 

Mr. SHERMAN. Aye. 

Ms. TESSIERI. Mr. Sherman votes yes. 

Mr. Baird. 

Mr. BAIRD. Aye. 

207 

Ms. TESSIERI. Mr. Baird votes yes. 

Mr. Matheson. 

Mr. MATHESON. Aye. 

Ms. TESSIERI. Mr. Matheson votes yes. 

Mr. Costa. 

Mr. COSTA. Aye. 

Ms. TESSIERI. Mr. Costa votes yes. 

Mr. Green. 

Mr. GREEN. Yes. 

Ms. TESSIERI. Mr. Green votes yes. 

Mr. Melancon. 

Mr. MELANCON. Yes. 

Ms. TESSIERI. Mr. Melancon votes yes. 

Mr. Moore. 

Mr. MOORE. Yes. 

Ms. TESSIERI. Mr. Moore votes yes. 

Mr. COSTELLO. Mr. Chairman, can I ask what the vote is right 

now? 

Chairman BOEHLERT. Mr. Costello, who was somewhat delinquent in showing up, now is very anxious to proceed. We are just 

trying to—I am just trying to survey the House and see where we 

are, make sure all of my happy members are here. My understanding is that we have another member about to arrive momentarily. 

The Clerk will report. 

Ms. TESSIERI. Mr. Chairman, 18, yes; 18, no. 

Chairman BOEHLERT. The amendment is defeated. Yes, she 

voted. Ms. Jackson Lee—— 

Ms. TESSIERI. Ms. Jackson Lee recorded as yes. 

Chairman BOEHLERT. So the amendment on a tie vote is defeated. 

We will then proceed. 

Mr. COSTELLO. Mr. Chairman. 

Chairman BOEHLERT. Yes. Who seeks? Mr. Costello. 

Mr. COSTELLO. Mr. Chairman, I have another amendment and 

ask immediate consideration that it be considered at this point. 

Chairman BOEHLERT. Mr. Costello, you are recognized. 

Offer the amendment. 

Mr. COSTELLO. Mr. Chairman, thank you. 

I will be very brief. 

Mr. Chairman, this amendment establishes an annual reporting 

requirement for contracts, goods, and services procured by NASA. 

The report enables Congress to better track NASA’s compliance 

with the procurement limitations included in Section 705 of the 

bill. The report also enables Congress to better track NASA’s compliance with the Buy America Act. The information in the report 

would also allow Congress to better understand the impact of international trade agreements affecting government procurement. 

NASA would have to report on the waivers to the Buy America Act 

and contracts awarded despite the procurement limitations of Section 705 that are due to U.S. obligations under international trade 

agreements. 

Mr. Chairman, in short, let me just say that if we are not going 

to adopt my previous amendment that failed adoption here in the 

208 

Committee, we ought to at least adopt this amendment so we have 

a better understanding of what NASA is doing with their contracts 

and with their goods and services. 

Chairman BOEHLERT. Let the Chair thank the very distinguished 

gentleman from Illinois for offering a very thoughtful amendment 

that is deserving of our support, and the Chair is prepared to accept the amendment. 

Mr. COSTELLO. Mr. Chairman, I thank you and will quit while 

I am ahead. 

Chairman BOEHLERT. All right. All in favor of Mr. Costello’s 

amendment, say aye. Opposed, no. The ayes appear to have it, and 

the gentleman’s very fine amendment is passed. 

Are there any other amendments to the amendment in the nature of a substitute? 

If not, the vote occurs on the amendment in the nature of a substitute, as amended. All in favor, say aye. Opposed, no. And the 

ayes appear to have it. 

Are there any other amendments? Hearing none, the vote is on 

the bill H.R. 3070, the National Aeronautics and Space Administration Authorization Act of 2005, as amended. All in favor, say aye. 

Opposed, no. In the opinion of the Chair, the ayes have it. 

And I would think we—our members are here. Let me ask for a 

recorded vote to show the strength and unity of this Committee as 

we go forward. 

The Clerk will call the roll. 

Ms. TESSIERI. Mr. Boehlert. 

Chairman BOEHLERT. Aye. 

Ms. TESSIERI. Mr. Boehlert votes yes. 

Mr. Hall. 

Mr. HALL. Aye. 

Ms. TESSIERI. Mr. Hall votes yes. 

Mr. Smith. 

Mr. SMITH. Aye. 

Ms. TESSIERI. Mr. Smith votes yes. 

Mr. Weldon. 

[No response.] 

Ms. TESSIERI. Mr. Rohrabacher. 

[No response.] 

Ms. TESSIERI. Mr. Calvert. 

Mr. CALVERT. Aye. 

Ms. TESSIERI. Mr. Calvert votes yes. 

Mr. Bartlett. 

Mr. BARTLETT. Aye. 

Ms. TESSIERI. Mr. Bartlett votes yes. 

Mr. Ehlers. 

Mr. EHLERS. Yes. 

Ms. TESSIERI. Mr. Ehlers votes yes. 

Mr. Gutknecht. 

Mr. GUTKNECHT. Aye. 

Ms. TESSIERI. Mr. Gutknecht votes yes. 

Mr. Lucas. 

Mr. LUCAS. Yes. 

Ms. TESSIERI. Mr. Lucas votes yes. 

Mrs. Biggert. 

209 

Mrs. BIGGERT. Yes. 

Ms. TESSIERI. Mrs. Biggert votes yes. 

Mr. Gilchrest. 

Mr. GILCHREST. Yes. 

Ms. TESSIERI. Mr. Gilchrest votes yes. 

Mr. Akin. 

[No response.] 

Ms. TESSIERI. Mr. Johnson. 

Mr. JOHNSON. Yes. 

Ms. TESSIERI. Mr. Johnson votes yes. 

Mr. Forbes. 

[No response.] 

Ms. TESSIERI. Mr. Bonner. 

Mr. BONNER. Aye. 

Ms. TESSIERI. Mr. Bonner votes yes. 

Mr. Feeney. 

Mr. FEENEY. Yes. 

Ms. TESSIERI. Mr. Feeney votes yes. 

Mr. Inglis. 

Mr. INGLIS. Aye. 

Ms. TESSIERI. Mr. Inglis votes yes. 

Mr. Reichert. 

Mr. REICHERT. Yes. 

Ms. TESSIERI. Mr. Reichert votes yes. 

Mr. Sodrel. 

Mr. SODREL. Aye. 

Ms. TESSIERI. Mr. Sodrel votes yes. 

Mr. Schwarz. 

Mr. SCHWARZ. Yes. 

Ms. TESSIERI. Mr. Schwarz votes yes. 

Mr. McCaul. 

Mr. MCCAUL. Yes. 

Ms. TESSIERI. Mr. McCaul votes yes. 

Mr. Gordon. 

Mr. GORDON. Yes. 

Ms. TESSIERI. Mr. Gordon votes yes. 

Mr. Costello. 

Mr. COSTELLO. Yes. 

Ms. TESSIERI. Mr. Costello votes yes. 

Ms. Johnson. 

[No response.] 

Ms. TESSIERI. Ms. Woolsey. 

Ms. WOOLSEY. Yes. 

Ms. TESSIERI. Ms. Woolsey votes yes. 

Ms. Hooley. 

Ms. HOOLEY. Yes. 

Ms. TESSIERI. Ms. Hooley votes yes. 

Mr. Udall. 

[No response.] 

Ms. TESSIERI. Mr. Wu. 

Mr. WU. Yes. 

Ms. TESSIERI. Mr. Wu votes yes. 

Mr. Honda. 

Mr. HONDA. Yes. 

210 

Ms. TESSIERI. Mr. Honda votes yes. 

Mr. Miller. 

Mr. MILLER. Aye. 

Ms. TESSIERI. Mr. Miller votes yes. 

Mr. Davis. 

[No response.] 

Ms. TESSIERI. Mr. Carnahan. 

Mr. CARNAHAN. Yes. 

Ms. TESSIERI. Mr. Carnahan votes yes. 

Mr. Lipinski. 

Mr. LIPINSKI. Aye. 

Ms. TESSIERI. Mr. Lipinski votes yes. 

Ms. Jackson Lee. 

Ms. JACKSON LEE. Aye. 

Ms. TESSIERI. Ms. Jackson Lee votes yes. 

Mr. Sherman. 

Mr. SHERMAN. Yes. 

Ms. TESSIERI. Mr. Sherman votes yes. 

Mr. Baird. 

Mr. BAIRD. Aye. 

Ms. TESSIERI. Mr. Baird votes yes. 

Mr. Matheson. 

Mr. MATHESON. Aye. 

Ms. TESSIERI. Mr. Matheson votes yes. 

Mr. Costa. 

Mr. COSTA. Yes. 

Ms. TESSIERI. Mr. Costa votes yes. 

Mr. Green. 

Mr. GREEN. Yes. 

Ms. TESSIERI. Mr. Green votes yes. 

Mr. Melancon. 

Mr. MELANCON. Yes. 

Ms. TESSIERI. Mr. Melancon votes yes. 

Mr. Moore. 

Mr. MOORE. Yes. 

Ms. TESSIERI. Mr. Moore votes yes. 

Mr. UDALL. Mr. Chairman, could I ask how I am recorded. 

Chairman BOEHLERT. Who is making the inquiry? Mr. Udall. 

Ms. TESSIERI. Mr. Udall is not recorded. 

Chairman BOEHLERT. Well Mr. Udall wants to be recorded. 

Mr. UDALL. Mr. Udall votes aye. 

Ms. TESSIERI. Mr. Udall votes yes. 

Chairman BOEHLERT. The Clerk will report. 

Ms. TESSIERI. Mr. Chairman, yes, 36. 

Chairman BOEHLERT. Thank you very much. The amendment in 

the nature of a substitute, as amended, is passed. 

I recognize Mr. Gordon to offer a motion. 

Mr. GORDON. Thank you, Mr. Chairman. 

I have a motion to report, but first let me just very quickly concur with your earlier congratulations for the staff. They worked so 

hard to put this together. I particularly want to commend Dick 

Obermann and Chuck Atkins that worked many late hours, very 

late hours, as well as the staffs—the individual staffs of the Democratic members who came to just about every type of caucus that 

211 

we had and every briefing that we had. They helped make this 

much better. 

And so I move that because of all of that, the Committee favorably report H.R. 3070, 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, 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, as amended, favorably. Those in favor of the motion will 

signify by saying aye. Opposed, no. The ayes have it, and the bill 

is favorably reported. 

Ms. JACKSON LEE. Mr. Chairman, I would just ask unanimous 

consent for 1 minute to speak out of order. 

Chairman BOEHLERT. No, not until I finish my statement. 

Ms. JACKSON LEE. Thank you, Mr. Chairman. 

Chairman BOEHLERT. 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 2 subsequent calendar days in which 

to submit supplemental, Minority, or additional views on the 

amendment—on the measure. I further move, pursuant to Clause 

1 of Rule 22 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. 3070, the National Aeronautics and Space Administration Authorization Act of 2005, as 

amended. And without objection, so ordered. 

Before we adjourn, I will recognize Ms. Jackson Lee, but let me 

say, once again, that I am very proud, as Mr. Gordon is, of this 

Committee. We raise the bar very high, and I would commend our 

work to other Committees’ attention. We understand civility. We 

understand tolerance of other points of view. And when you see a 

final package come out of this bill, as I have said many—out of this 

Committee, as I have said many times previously, the fingerprints 

of both sides and all members are all over it. We work together, 

and we produce fine products. And I am very proud of that. So I 

thank all of you and the staff for the dedication. 

And now, for the last word, Ms. Jackson Lee. 

Ms. JACKSON LEE. Well, Mr. Chairman, we weren’t there a week 

ago, and I just want to thank you, the Chairman, and the Ranking 

Member, because it is a testament to your desire to work together 

on behalf of the members of this Committee. And I wanted to just, 

on the record, thank Chairman Boehlert and Ranking Member Gordon for their hard work and commitment to the work of this Committee. 

Thank you. 

I yield back. 

Chairman BOEHLERT. That concludes the Committee business. 

I want to thank all of you. 

I move that we adjourn. Without objection, so ordered. 

Thank you. 

[Whereupon, at 1:05 p.m., the Committee was adjourned.] 

(213) 

A P P E N D I X 

1. Memo to the Full Committee Chairman on the markup of H.R. 

3070, as amended by the Subcommittee on Space and Aeronautics. 

2. Amendment Roster of the Full Committee Markup of H.R. 

3070. 

3. Section-by-Section Analysis of the Amendment in the Nature 

of a Substitute to the National Aeronautics and Space Administration Authorization Act of 2005. 

4. Summary of Amendment in the Nature of a Substitute. 

5. Description of major changes included in the Amendment in 

the Nature of a Substitute Compared with H.R. 3070 as Reported 

by the Subcommittee. 

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Æ 


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