39–008 

109TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 109–179 

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

AUTHORIZATION ACT OF 2005 

JULY 20, 2005.—Referred to the House Calendar and ordered to be printed 

Mr. GINGREY, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 370] 

The Committee on Rules, having had under consideration House 

Resolution 370, by a nonrecord vote, report the same to the House 

with the recommendation that the resolution be adopted. 

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution provides for consideration of H.R. 3070, the National Aeronautics and Space Administration Act of 2005, under a 

structured rule. The rule provides one hour of general debate 

equally divided and controlled by the chairman and ranking minority member of the Committee on Science. 

The rule waives all points of order against consideration of the 

bill. The rule provides that the amendment in the nature of a substitute recommended by the Committee on Science now printed in 

the bill shall be considered as an original bill for the purpose of 

amendment. The rule waives all points of order against the committee amendment in the nature of a substitute. 

The rule makes in order only those amendments printed in this 

report. The rule provides that the amendments printed in this report may be considered only in the order printed in this report, 

may be offered only by a Member designated in this report, shall 

be considered as read, shall be debatable for the time specified in 

this report equally divided and controlled by the proponent and an 

opponent, shall not be subject to amendment, and shall not be subject to a demand for a division of the question in the House or in 

the Committee of the Whole. The rule waives all points of order 

against the amendments printed in this report. 

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Finally, the rule provides one motion to recommit with or without instructions. 

EXPLANATION OF WAIVERS

The waivers of all points of order against consideration of the bill 

and Committee amendment in the nature of a substitute include a 

waiver of clause 3(c)(2) of Rule XIII (requiring a Congressional 

Budget Office cost estimate in the committee report on any legislation containing new budget authority, new spending authority, new 

credit authority or a change in revenues) which is necessary because H. Rept. 109–173 does not include a cost estimate. At the 

time the Rules Committee ordered reported the resolution, the 

Congressional Budget Office had not yet produced a cost estimate 

for H.R. 3070. 

SUMMARY OF AMENDMENTS MADE IN ORDER

(Summaries derived from information provided by sponsors.) 

1. Boehlert: Manager’s Amendment. The amendment makes a 

number of technical and clarifying changes to the bill H.R. 3070. 

The amendment also makes the following additional changes: increases the amount of funding authorized to be appropriated for 

NASA to support the President’s budget request for exploration for 

fiscal years 2006 and 2007; expresses the Sense of Congress that 

NASA should return the Space Shuttle to flight as soon as the Administrator determines that it can be accomplished with an acceptable level of safety; allows the Administrator to complete the International Space Station in such a configuration as to support fewer 

than six persons, but only after transmitting a report to the Congress explaining why a six-person requirement should not be met; 

requires NASA to report information to Congress regarding minority participation in NASA’s education programs; authorizes NASA 

to provide grants to, and enter into cooperative agreements with 

museums and planetariums to allow them to enhance their programs related to space and science; and raises the threshold for 

major programs that require additional reporting to Congress to 

$150 million from $100 million. (20 minutes) 

2. Vela ́zquez: Requires the NASA Administrator to submit a 

quarterly report on the NASA Office of Small and Disadvantaged 

Business Utilization including a description of the outreach activities of the Office and the impact of such activities on the participation of small businesses, including small businesses owned by 

women and minorities in NASA contracts. (10 minutes) 

3. Jackson-Lee: Restores funding for Historically Black Colleges 

and universities under NASA education programs to the FY04 

funding level of $69.2 million for FY06 and $71.2 million for FY07. 

Also restores funding for Hispanic Serving Institutions under 

NASA education programs in the amount of $46.4 million for FY06 

and $47.4 million for FY07. (10 minutes) 

4. Vela ́zquez: Establishes a four-year pilot grant program allowing NASA to expand advanced research opportunities through minority-serving institutions. (10 minutes) 

5. Costello: Amends Section 705 of the bill exempting off-shore 

performance of contracts for the procurement of goods and services 

that are inconsistent with obligations under international agreements on the International Space Station. (20 minutes) 

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6. Jackson-Lee: Requires the NASA Administrator to transmit to 

the House Committee on Science and the Senate Committee on 

Commerce, a plan describing steps NASA will take to protect employees who do raise or have raised concerns about a potentially 

catastrophic risk to health or safety. (10 minutes) 

TEXT OF AMENDMENTS MADE IN ORDER

1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BOEHLERT

OF NEW YORK, OR HIS DESIGNEE, DEBATABLE FOR 20 MINUTES

Page 7, line 10, strike ‘‘space science and earth science’’ and insert ‘‘space science, earth science and microgravity science’’. 

Page 16, line 25, strike ‘‘or Reduction in Force’’. 

Page 17, line 4, insert ‘‘(except for cause)’’ after ‘‘separations’’. 

Page 17, line 5, strike ‘‘October 1, 2006’’ and insert ‘‘February 16, 

2007’’. 

Page 21, line 5, insert ‘‘non-aeronautical’’ after ‘‘other’’. 

Page 26, line 21, strike ‘‘90 days after the date of enactment of 

this Act’’ and insert ‘‘February 1, 2006’’. 

Page 29, line 6, strike the period and insert, ‘‘, except in cases 

in which the Administrator has a conflict of interest.’’. 

Page 30, line 1, insert ‘‘, program reserves,’’ after ‘‘cost’’. 

Page 30, line 4, strike ‘‘and’’. 

Page 30, after line 4, insert the following new subparagraph: 

(D) the plan for mitigating technical, schedule, and cost 

risks prepared in accordance with subsection (a)(1)(A); and 

Page 30, line 5, strike ‘‘(D)’’ and insert ‘‘(E)’’. 

Page 33, line 15, strike ‘‘1 year’’ and insert ‘‘18 months’’. 

Page 33, line 20, insert ‘‘An appropriation for the program enacted subsequent to a report being transmitted shall be considered 

an authorization for purposes of this subsection.’’ after ‘‘by law.’’. Page 34, line 24, strike ‘‘$100,000,000’’ and insert ‘‘$150,000,000’’. 

Page 36, line 24, strike ‘‘subparagraph’’ and insert ‘‘paragraph’’. 

Page 37, line 4, strike ‘‘to compensate for the maximum probable 

loss, as’’. 

Page 37, line 21, strike ‘‘from both within and outside the Administration’’. 

Page 38, line 1, insert ‘‘from outside the Administration, including’’ after ‘‘individuals’’. 

Page 38, line 4, strike ‘‘employees, officers, directors, or agents 

of,’’ and insert ‘‘an employee, officer, director, or agent of’’. 

Page 38, line 14, strike ‘‘Such funds shall not increase the 

amount of a prize after the amount has been announced pursuant 

to subsection (d).’’. 

Page 38, line 19, strike ‘‘Funds appropriated for the program’’ 

and insert ‘‘Notwithstanding any other provision of law, funds appropriated for prize awards’’. 

Page 39, strike line 3 through line 5 and insert the following: 

(3) No prize may be announced under subsection (d) until all 

the funds needed to pay out the announced amount of the prize 

have been appropriated or committed in writing by a private 

source. The Administrator may increase the amount of a prize 

after an initial announcement is made under subsection (d) if— 

(A) notice of the increase is provided in the same manner as the initial notice of the prize; and 

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(B) the funds needed to pay out the announced amount 

of the increase have been appropriated or committed in 

writing by a private source. 

Page 41, line 20, strike ‘‘provide’’ and insert ‘‘transmit to the 

Committee on Science of the House of Representatives and the 

Committee on Commerce, Science, and Transportation of the Senate’’. 

Page 43, line 18, insert at the end ‘‘Not later than one year after 

the date of enactment of this Act, the Administrator shall transmit 

the study to the Committee on Science of the House of Representatives and the Committee on Commerce, Science and Transportation 

of the Senate’’. 

Page 44, after line 6, add the following new section: 

SEC. 110. SPACE SHUTTLE RETURN TO FLIGHT. 

It is the sense of Congress that, in keeping with the President’s 

Vision for Space Exploration, the Space Shuttle should return to 

flight as soon as the Administrator determines that a flight can be 

accomplished with an acceptable level of safety. 

In the table of contents in section 1(b), insert after the item relating to section 109 the following: 

Sec. 110. Space shuttle return to flight. 

Page 44, line 24, strike ‘‘$16,471,050,000’’ and insert ‘‘$16,965,650,000’’. 

Page 45, line 6, strike ‘‘and’’. 

Page 45, line 8, strike the period and insert ‘‘; and’’. 

Page 45, after line 8, insert the following new subparagraph: (D) $8,900,000 for the Science and Technology Scholarship Program. Page 45, line 10, strike ‘‘$3,181,100,000’’ and insert ‘‘$3,844,100,000’’. 

Page 45, line 12, strike ‘‘$6,387,300,000’’ and insert ‘‘$6,218,900,000’’. 

Page 45, line 17, strike ‘‘$16,962,000,000’’ and insert 

‘‘$17,726,800,000’’. 

Page 46, line 2, strike ‘‘$3,589,200,000’’ and insert 

‘‘$4,514,000,000’’. 

Page 46, line 4, strike ‘‘$6,007,700,000’’ and insert 

‘‘$5,847,700,000’’. 

Page 47, line 14, strike ‘‘each such Committee’’ and insert ‘‘the 

Committee on Science of the House of Representatives and the 

Committee on Commerce, Science and Transportation of the Senate’’. 

Page 49, line 13, strike ‘‘Each year’’ and insert ‘‘Not later than 

March 1 of each year’’. 

Page 50, line 7, insert ‘‘study titled ‘Assessment of Options for 

Extending the Life of the Hubble Space Telescope’ ’’ after ‘‘after National Academy of Sciences’’. 

Page 50, line 10, insert ‘‘the Administrator shall determine’’ after 

‘‘Space Shuttle,’’. 

Page 50, line 12, strike ‘‘shall be determined’’. 

Page 54, lines 11 and 12, strike ‘‘the Under Secretary of Commerce for Oceans and Atmosphere and’’. 

Page 54, line 12, insert ‘‘and the Administrator of the National 

Oceanic and Atmospheric Administration’’ after ‘‘Administrator’’. 

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Page 71, line 11, strike ‘‘shall’’ and insert ‘‘may’’. 

Page 72, strike line 5 and all that follows through line 16, and 

insert the following: 

SEC. 440. UNIVERSITY-BASED CENTERS. 

(a) IN GENERAL.—The Administrator may award grants to institutions of higher education (or consortia thereof) to establish one 

or more centers for the purpose described in subsection (b). 

(b) PURPOSE.—The purpose of the centers is to conduct basic and 

applied research on the impact of new technologies and procedures, 

particularly those related to aeronautical navigation and control. 

In the table of contents in section 1(b) strike the item relating 

to section 440 and insert the following: 

Sec. 440. University-based centers. 

Page 73, line 15, strike the semicolon and insert ‘‘, unless the Administrator transmits a report to the Committee on Science of the 

House of Representatives and the Committee on Commerce, 

Science, and Transportation of the Senate prior to awarding a development contract for the Crew Exploration Vehicle, explaining 

why such a requirement should not be met and the impact of not 

meeting the requirement on the ISS research agenda and operations;’’. 

Page 73, line 25, strike ‘‘provide sufficient’’ and insert ‘‘require 

sufficient surge delivery capability or’’. 

Page 74, after line 10, insert the following new subsection: 

(d) CENTRIFUGE.—Nothing in this Act shall be construed to prohibit the installation of the centrifuge on the ISS. 

Page 81, line 15, insert at the end the following: ‘‘As part of the 

report, the Administrator shall provide data on minority participation in NASA’s education programs, at a minimum in the following 

categories: elementary and secondary education, undergraduate 

education, and graduate education.’’ 

Page 81, after line 15, insert the following new sections: 

SEC. 616. MUSEUMS. 

The Administrator may provide grants to, and enter into cooperative agreements with museums and planetariums to enable them 

to enhance programs related to space exploration, aeronautics, 

space science, earth science, or microgravity. 

SEC. 617. REVIEW OF MUST PROGRAM. 

Not later than 60 days after the date of enactment of this Act, 

the Administrator shall transmit a report to Congress on the legal 

status of the Motivating Undergraduates in Science and Technology program. If the report concludes that the program is in compliance with the laws of the United States, NASA shall implement 

the program, as planned in the July 5, 2005 National Research Announcement. 

In the table of contents in section 1(b), insert after the item relating to section 615 the following: 

Sec. 616. Museums. 

Sec. 617. Review of MUST program. 

Page 82, line 11, strike ‘‘(42 U.S.C. 458c)’’ and insert ‘‘(42 U.S.C. 

2458c)’’. 

Page 83, line 17 strike ‘‘(2) by striking’’ and all that follows 

though line 18. 

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Page 83, line 19, strike ‘‘(3)’’ and insert ‘‘(2)’’. 

Page 83, line 22, strike ‘‘(4)’’ and insert ‘‘(3)’’. 

Page 83, line 24, strike ‘‘(5)’’ and insert ‘‘(4)’’. 

Page 86, after line 3, add the following new section: 

SEC. 706. LONG DURATION FLIGHT. 

No provision of this or any other Act shall be construed to prohibit NASA from accommodating the exercise of religion by astronauts engaged in long duration space flight missions. 

In the table of contents in section 1(b), insert after the item relating to section 705 the following: 

Sec. 706. Long duration flight. 

Page 87, line 17, strike ‘‘expire’’ and insert ‘‘shall transmit its 

final report’’. 

Page 88, line 5, insert ‘‘that is owned by the Federal government 

or’’ after ‘‘humans’’. 

Page 90, line 3, strike ‘‘member’’ and insert ‘‘number’’. 

2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE VELA ́ ZQUEZ

OF NEW YORK, OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Add at the end of section 102 (page 28, after line 10) the following new subsection: 

(h) OFFICE OF SMALL AND DISADVANTAGED BUSINESS UTILIZATION.—The Administrator shall transmit to the Committee on 

Science and the Committee on Small Business of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Small Business and Entrepreneurship of the Senate a quarterly report on the NASA Office of Small 

and Disadvantaged Business Utilization, which shall include a description of the outreach activities of the Office and the impact of 

such activities on the participation of small businesses, including 

small businesses owned by women and minorities, in NASA contracts. 

3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE JACKSONLEE OF TEXAS, OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 45, line 6, strike ‘‘and’’. 

Page 45, line 8, strike the period and insert a semicolon. 

Page 45, after line 8, insert the following new subparagraphs: 

(D) $69,200,000 shall be for Historically Black Colleges 

and Universities education programs; and 

(E) $46,400,000 shall be for Hispanic Serving Institutions education programs. 

Page 45, line 22, strike ‘‘and’’. 

Page 45, line 24, strike the period and insert a semicolon. 

Page 45, after line 24, insert the following new subparagraphs: 

(D) $71,200,000 shall be for Historically Black Colleges 

and Universities education programs; and 

(E) $47,400,000 shall be for Hispanic Serving Institutions education programs. 

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4. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE VELA ́ ZQUEZ

OF NEW YORK, OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

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

SEC. 706. MINORITY INSTITUTION PILOT PROGRAM. 

(a) ESTABLISHMENT.—The Administrator shall establish and 

carry out a pilot program to make grants to minority institutions 

for the development of physical facilities and infrastructure to be 

provided to NASA prime contractors for use in the performance of 

research, development, test, and evaluation projects pursuant to 

NASA prime contracts. 

(b) APPLICATION.—To be eligible to receive a grant under the 

pilot program established in subsection (a), a minority institution 

shall submit an application to the Administrator at such time, in 

such manner, and containing such information and assurances as 

the Administrator may require. 

(c) MATCHING REQUIREMENT.—As a condition of a grant under 

the pilot program, the Administrator shall require that a matching 

amount be provided from a source other than the Federal Government that is equal to the amount of the grant. 

(d) COOPERATIVE AGREEMENT.—As part of the pilot program 

under this section, the Administrator shall enter into a cooperative 

agreement with a non-profit organization that has experience developing relationships between industry, minority institutions, and 

other entities, under which the non-profit organization shall develop regional and national relationships between industry, minority institutions, and other entities to facilitate the development and 

provision of physical facilities and infrastructure of the minority institutions receiving grants under this section. 

(e) MINORITY INSTITUTION.—In this section, the term ‘‘minority 

institution’’ has the meaning given that term in section 365(3) of 

the Higher Education Act of 1965 (20 U.S.C. 1067k(3)). 

(f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to 

carry out this section, $4,000,000 for each of fiscal years 2006 

through 2009. 

5. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE COSTELLO

OF ILLINOIS, OR HIS DESIGNEE, DEBATABLE FOR 20 MINUTES

Page 85, line 19, insert ‘‘on the ISS’’ after ‘‘under international 

agreements’’. 

6. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE JACKSONLEE OF TEXAS, OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 44, after line 6, insert the following: 

SEC. 110. WHISTLEBLOWER PROTECTION. 

Not later than 1 year after the date of enactment of this Act, the 

Administrator shall transmit to the Committee on Science of the 

House of Representatives and the Committee on Commerce, 

Science and Transportation of the Senate a plan describing steps 

to be taken by NASA to protect the employment status of NASA 

employees who raise or have raised concerns about a potentially 

catastrophic risk to health or safety. 

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In the table of contents in section 1(b), insert after the item relating to section 109 the following: 

Sec. 110. Whistleblower protection. 

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