39–006

109TH CONGRESS REPORT " HOUSE OF REPRESENTATIVES ! 1st Session 109–157

REMOTE SENSING APPLICATIONS ACT OF 2005

JUNE 27, 2005.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. BOEHLERT, from the Committee on Science, 

submitted the following 

R E P O R T 

[To accompany H.R. 426] 

[Including cost estimate of the Congressional Budget Office]

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

426) to encourage the development and integrated use by the public and private sectors of remote sensing and other geospatial information, and for other purposes, having considered the same, report 

favorably thereon with an amendment and recommend that the bill 

as amended do pass.

CONTENTS 

Page 

I. Amendment ................................................................................................. 2

II. Purpose of the Bill ...................................................................................... 4

III. Background and Need for the Legislation ................................................ 4

IV. Summary of Hearings ................................................................................. 4

V. Committee Actions ...................................................................................... 5

VI. Summary of Major Provisions of the Bill, as Amended ........................... 6

VII. Section-by-Section Analysis (By Title and Section) .................................. 6

VIII. Committee Views ........................................................................................ 8

IX. Cost Estimate .............................................................................................. 8

X. Congressional Budget Office Cost Estimate ............................................. 8

XI. Compliance With Public Law 104–4 (Unfunded Mandates) .................... 9

XII. Committee Oversight Findings and Recommendations ........................... 9

XIII. Statement on General Performance Goals and Objectives ...................... 9

XIV. Constitutional Authority Statement .......................................................... 9

XV. Federal Advisory Committee Statement ................................................... 9

XVI. Congressional Accountability Act .............................................................. 10

XVII. Statement on Preemption of State, Local, or Tribal Law ........................ 10

XVIII. Changes in Existing Law Made by the Bill, as Reported ........................ 10

XIX. Committee Recommendations .................................................................... 10

XX. Proceedings of the Full Committee Markup ............................................. 11

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I. AMENDMENT

The amendment is as follows: 

Strike all after the enacting clause and insert the following:

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Remote Sensing Applications Act of 2005’’. 

SEC. 2. FINDINGS. 

The Congress finds that—

(1) although urban land use planning, growth management, and other functions of State, local, regional, and tribal agencies are rightfully within their jurisdiction, the Federal Government can and should play an important role in 

the development and demonstration of innovative techniques to improve comprehensive land use planning and growth management; 

(2) the United States is making a major investment in acquiring remote sensing and other geospatial information from both governmental and commercial 

sources; 

(3) while much of the data is being acquired for scientific and national security purposes, it also can have important applications to help meet societal 

goals; 

(4) it has already been demonstrated that Landsat, commercial, and other 

earth observation data can be of enormous assistance to Federal, State, local, 

regional, and tribal agencies for urban land use planning, coastal zone management, natural and cultural resource management, and disaster monitoring; 

(5) remote sensing, coupled with the emergence of geographic information systems and satellite-based positioning information, offers the capability of developing important new applications of integrated sets of geospatial information to 

address societal needs; 

(6) the full range of applications of commercial and civil remote sensing and 

other forms of geospatial information to meeting public sector requirements has 

not been adequately explored or exploited; 

(7) the Land Remote Sensing Policy Act of 1992, Presidential Decision Directive 23 of 1994, the Commercial Space Act of 1998, and the United States Commercial Remote Sensing Policy, issued by the President on April 25, 2003, all 

support and promote the development of United States commercial remote sensing capabilities; 

(8) many State, local, regional, tribal, and Federal agencies are unaware of 

the utility of remote sensing and other geospatial information for meeting their 

needs, even when research has demonstrated the potential applications of that 

information; 

(9) remote sensing and other geospatial information can be particularly useful 

to State, local, regional, and tribal agencies in the area of urban planning, especially in their efforts to plan for and manage the impacts of growth, development, and sprawl, as well as in environmental impact and disaster relief planning and management; 

(10) the National Aeronautics and Space Administration, in coordination with 

other agencies, can play a unique role in demonstrating how data acquired for 

scientific purposes, when combined with other data sources and processing capabilities, can be applied to assist State, local, regional, and tribal agencies and 

the private sector in decisionmaking in such areas as agriculture, weather forecasting, and forest management; and 

(11) in addition, the National Aeronautics and Space Administration, in conjunction with other agencies, can play a unique role in stimulating the development of the remote sensing and other geospatial information sectors through 

pilot projects to demonstrate the value of integrating governmental and commercial remote sensing data with geographic information systems and satellitebased positioning data to provide useful applications products. 

SEC. 3. DEFINITIONS. 

In this Act—

(1) the term ‘‘Administrator’’ means the Administrator of the National Aeronautics and Space Administration; 

(2) the term ‘‘geospatial information’’ means knowledge of the nature and distribution of physical and cultural features on the landscape based on analysis 

of data from airborne or spaceborne platforms or other types and sources of 

data; 

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

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

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

SEC. 4. PILOT PROJECTS TO ENCOURAGE PUBLIC SECTOR APPLICATIONS. 

(a) IN GENERAL.—The Administrator shall establish a program of grants for competitively awarded pilot projects to explore the integrated use of sources of remote 

sensing and other geospatial information to address State, local, regional, and tribal 

agency needs. 

(b) PREFERRED PROJECTS.—In awarding grants under this section, the Administrator shall give preference to projects that—

(1) make use of commercial data sets, including high resolution commercial 

satellite imagery and derived satellite data products, existing public data sets 

where commercial data sets are not available or applicable, or the fusion of such 

data sets; 

(2) integrate multiple sources of geospatial information, such as geographic 

information system data, satellite-provided positioning data, and remotely 

sensed data, in innovative ways; 

(3) include funds or in-kind contributions from non-Federal sources; 

(4) involve the participation of commercial entities that process raw or lightly 

processed data, often merging that data with other geospatial information, to 

create data products that have significant value added to the original data; and 

(5) taken together demonstrate as diverse a set of public sector applications 

as possible. 

(c) OPPORTUNITIES.—In carrying out this section, the Administrator shall seek opportunities to assist—

(1) in the development of commercial applications potentially available from 

the remote sensing industry; and 

(2) State, local, regional, and tribal agencies in applying remote sensing and 

other geospatial information technologies for growth management. 

(d) DURATION.—Assistance for a pilot project under subsection (a) shall be provided for a period not to exceed 3 years. 

(e) REPORT.—Each recipient of a grant under subsection (a) shall transmit a report to the Administrator on the results of the pilot project within 180 days of the 

completion of that project. 

(f) WORKSHOP.—Each recipient of a grant under subsection (a) shall, not later 

than 180 days after the completion of the pilot project, conduct at least one workshop for potential users to disseminate the lessons learned from the pilot project as 

widely as feasible. 

(g) REGULATIONS.—The Administrator shall issue regulations establishing application, selection, and implementation procedures for pilot projects, and guidelines for 

reports and workshops required by this section. 

SEC. 5. PROGRAM EVALUATION. 

(a) ADVISORY COMMITTEE.—The Administrator shall establish an advisory committee, consisting of individuals with appropriate expertise in State, local, regional, 

and tribal agencies, the university research community, and the remote sensing and 

other geospatial information industry, to monitor the program established under 

section 4. The advisory committee shall consult with the Federal Geographic Data 

Committee and other appropriate industry representatives and organizations. Notwithstanding section 14 of the Federal Advisory Committee Act, the advisory committee established under this subsection shall remain in effect until the termination 

of the program under section 4. 

(b) EFFECTIVENESS EVALUATION.—Not later than December 31, 2009, the Administrator shall transmit to the Congress an evaluation of the effectiveness of the program established under section 4 in exploring and promoting the integrated use of 

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

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

independent entity. 

SEC. 6. DATA AVAILABILITY. 

The Administrator shall ensure that the results of each of the pilot projects completed under section 4 shall be retrievable through an electronic, Internet-accessible 

database. 

SEC. 7. EDUCATION. 

The Administrator shall establish an educational outreach program to increase 

awareness at institutions of higher education and State, local, regional, and tribal 

agencies of the potential applications of remote sensing and other geospatial information. 

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SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated to the Administrator $15,000,000 for each 

of the fiscal years 2006 through 2010 to carry out this Act.

II. PURPOSE OF THE BILL

The purpose of H.R. 426 is to encourage the development and integrated use by the public and private sectors of remote sensing 

and other geospatial information, and for other purposes. 

III. BACKGROUND AND NEED FOR THE LEGISLATION

Remote sensing and other geospatial information can be particularly useful to State, local, regional and tribal agencies, as well as 

the private sector, with respect to decision-making in areas such as 

land-use planning, agriculture, weather forecasting, and forest 

management. To date, the full range of applications for commercial 

and civil remote sensing and other forms of geospatial information 

has not been adequately explored by the public and private sectors. 

IV. SUMMARY OF HEARINGS

On May 20, 2002, the Subcommittee on Space and Aeronautics 

held a field hearing in Kansas City, Kansas to explore ways in 

which data from space-based and aircraft remote sensing systems 

can help with land use planning, agriculture, severe weather and 

natural disaster management, and transportation planning. Witnesses included: Mr. Ronald Birk, Director of the Applications Division, Office of Earth Science, National Aeronautics and Space Administration (NASA); Dr. Edward Martinko, Director of Kansas Biological Survey and Director of Kansas Applied Remote Sensing 

(KARS) Program, University of Kansas; Dr. Kevin Price, Associate 

Director of Kansas Applied Remote Sensing Program, University of 

Kansas; and Dr. Ray Williamson, Research Professor, Space Policy 

Institute, George Washington University. 

Mr. Birk discussed the nature and scope of NASA’s Earth science 

applications program. Noting that 14 NASA Earth science spacecraft are already in orbit out of a planned 26 missions, he discussed 

the challenges associated with trying systematically to get the data 

from those missions into the hands of those who can best use it for 

the public good. As examples of the ways in which the data has 

been and is being used, Mr. Birk discussed applications to wildfire 

monitoring, aviation weather prediction and cockpit visualization, 

precision farming, and flood plain mapping. He also entered into 

the record NASA’s 10-year Applications Strategy. 

In his testimony, Dr. Martinko outlined some of the major activities and accomplishments of the KARS Program, which has been 

in existence for almost 30 years. He noted that the KARS Program 

has worked extensively with state and local government agencies 

throughout its history and has worked with private enterprise over 

the last 6 years. Development of decision support tools for emergency response, as well as remote sensing applications for urban 

planning, flood and crop damage mapping, invasive plant monitoring, and water resources management are among the activities 

pursued by the KARS program. 

Dr. Price stated that satellite imagery available over the last 20 

years has enabled him to observe changes in vegetation and land 

use that would be difficult, if not impossible, to observe at ground 

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level. In his testimony, he focused on the ways in which satellite 

imagery is being used to monitor agricultural yield and production. 

He discussed the use of satellite data to monitor the progress of all 

the vegetation in the U.S. at a resolution of every 250 acres. He 

also noted that applied remote sensing research is an important 

link in the technology transfer cycle between satellite remote sensing systems and public and private sector applications of that data. 

Dr. Williamson testified about the benefits for state and local 

governments of Federal investments in Earth observations from 

space. Among the benefits cited and discussed were improvements 

in weather and climate forecasting, severe weather warnings, 

transportation planning and monitoring, agricultural planning, and 

the security of the Nation’s critical infrastructure. Dr. Williamson 

also discussed the complex process by which research leads to applications beneficial to end-users, and argued that it is not a simple 

linear process. 

V. COMMITTEE ACTIONS

On June 28, 2001, Rep. Mark Udall and Rep. James Greenwood 

introduced H.R. 2426, the Remote Sensing Applications Act of 

2001, a bill to encourage the development and integrated use by 

the public and private sectors of remote sensing and other 

geospatial information. Following a decision by the leadership of 

the Committee on Science to favorably report the bill, the House 

agreed to suspend the rules and pass H.R. 2426 as amended on October 1, 2002. 

On March 13, 2003, Rep. Mark Udall introduced H.R. 1292, the 

Remote Sensing Applications Act of 2003, a bill to encourage the 

development and integrated use by the public and private sectors 

of remote sensing and other geospatial information. 

The Space and Aeronautics Subcommittee met on October 8, 

2003 to consider the bill. The bill was agreed to by voice vote. 

Ranking Member Gordon moved that the Subcommittee favorably 

report the bill, H.R. 1292, to the Full Committee and that the staff 

be instructed to make all necessary technical and conforming 

changes to the bill in accordance with the recommendations of the 

Subcommittee. With a quorum present, the motion was agreed to 

by voice vote. 

On February 4, 2004, the Committee on Science considered H.R. 

1292, as reported by the Subcommittee. An en bloc amendment was 

offered by Mr. Udall to change several dates specified in the bill. 

The amendment was agreed to by voice vote. An amendment was 

offered by Mr. Weldon to: (1) include a finding about the utility of 

remote sensing and geospatial technologies for wildland fire management; (2) direct the NASA Administrator to seek opportunities 

to assist in utilizing capabilities for wildland fire observation; (3) 

direct NASA to submit to Congress a report on how agencies are 

implementing recommendations contained in a Government Accountability Office report on wildland fire management. The 

amendment was agreed to by voice vote. 

The motion to adopt the bill, as amended, was agreed to by voice 

vote. Ranking Member Gordon moved that the Committee favorably report the bill, H.R. 1292, as amended, to the House with the 

recommendation that the bill, as amended, do pass and that staff 

be instructed to make technical and conforming changes to the bill 

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as amended and prepare the legislative report and that the Chairman take all necessary steps to bring the bill before the House for 

consideration. With a quorum vote present, the motion was agreed 

to by a voice vote. The Committee on Science filed a Committee Report on February 18, 2004. No further action occurred on H.R. 1292 

in the 108th Congress. 

On January 26, 2005, Rep. Udall introduced H.R. 426, the Remote Sensing Applications Act of 2005, a bill to encourage the development and integrated use by the public and private sectors of 

remote sensing and other geospatial information. 

The Space and Aeronautics Subcommittee discharged the bill on 

May 16, 2005. On May 17, 2005, the Committee on Science considered H.R. 426. An en bloc amendment was offered by Mr. Udall to 

change the findings of the bill to include references to the benefits 

of commercial remote sensing data. The amendment also altered 

the grant program to ensure that grants are awarded preferentially 

to those potential recipients that, among other things, make use of 

(1) commercial data sets, including high resolution commercial satellite imagery, (2) existing public data sets where commercial data 

sets are not available or applicable, or (3) the fusion of such data 

sets. The amendment also defined ‘‘high resolution’’ to mean resolution better than five meters. Finally, the amendment struck Section 8 of the bill, which required a study of the effect of remote 

sensing imagery costs on potential State, local, regional, and tribal 

agency applications of remote sensing data. The amendment was 

agreed to by voice vote. 

The motion to adopt the bill, as amended, was agreed to by voice 

vote. Ranking Member Gordon moved that the Committee favorably report the bill, H.R. 426, as amended, to the House with the 

recommendation that the bill as amended do pass and that staff be 

instructed to make technical and conforming changes to the bill as 

amended and prepare the legislative report and that the Chairman 

take all necessary steps to bring the bill before the House for consideration. With a quorum vote present, the motion was agreed to 

by a voice vote. 

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

The bill establishes a grant program within NASA for competitively awarded pilot projects to explore the integrated use of 

sources of remote sensing and other sources of geospatial information to address State, local, regional and tribal agency needs. It authorizes $15,000,000 for each of the fiscal years 2006 through 2010. 

VII. SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

Remote Sensing Applications Act of 2005. 

Section 2. Findings 

Specifies several Congressional findings regarding remote sensing applications, including the following: the full range of applications of commercial and civil remote sensing and other forms of 

geospatial information to meet public sector requirements has not 

been adequately explored or exploited; remote sensing and other 

geospatial information can be particularly useful to State, local, reVerDate jul 14 2003 21:38 Jun 29, 2005 Jkt 039006 PO 00000 Frm 00006 Fmt 6659 Sfmt 6602 E:\HR\OC\HR157.XXX HR157
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gional, and tribal agencies in the area of urban planning, especially 

in their efforts to plan for and manage the impacts of growth, development, and sprawl, as well as in environmental impact and disaster relief planning and management; and NASA, in conjunction 

with other agencies, can play a unique role in stimulating the development of the remote sensing and other geospatial information 

sectors through pilot projects to demonstrate the value of integrating government and commercial remote sensing data with geographic information systems and satellite-based positioning data to 

provide useful applications products. 

Section 3. Definitions 

Defines several terms used throughout the bill. Defines the term 

‘geospatial information’ to mean knowledge of the nature and distribution of physical and cultural features on the landscape based 

on analysis of data from airborne or spaceborne platforms or other 

types and sources of data. 

Section 4. Pilot projects to encourage public sector applications 

Directs the NASA Administrator to establish a program of competitively awarded grants for pilot projects to explore the integrated use of sources of remote sensing and other geospatial information to address State, local, regional, and tribal agency needs. 

Specifies certain preferences in awarding such grants, to include 

making use of commercial data sets, including high resolution commercial satellite imagery and derived satellite data products, existing public data sets where commercial data sets are not available 

or applicable, or the fusion of such data sets. Directs NASA to seek 

opportunities to assist in the development of commercial applications and to assist State, local, regional, and tribal agencies in applying these technologies for growth management and wildland fire 

observation. Restricts assistance for such pilot projects to no more 

than 3 years. Requires each recipient of such a grant to report to 

NASA on the results of the pilot project and conduct a workshop 

for potential users to disseminate lessons learned from the project. 

Authorizes the Administrator to issue regulations for the conduct 

of the pilot projects. 

Section 5. Program evaluation 

Directs the NASA Administrator to establish an advisory committee to monitor the program established under section 4. Directs 

the Administrator to transmit to the Congress an evaluation of the 

program established under section 4 by an independent entity no 

later than December 31, 2009. 

Section 6. Data availability

Directs the NASA Administrator to ensure that the results of 

each of the pilot projects completed under section 4 are retrievable 

through an electronic, Internet-accessible database. 

Section 7. Education 

Directs the Administrator to establish an educational outreach 

program to increase awareness at institutions of higher education 

and State, local, regional, and tribal agencies of the potential applications of remote sensing and other geospatial information. 

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Section 8. Authorization of appropriations 

Authorizes to be appropriated to the Administrator $15,000,000 

for each of the fiscal years 2006 through 2010. 

VIII. COMMITTEE VIEWS

Commercial satellite imagery and other types of remote sensing 

and geospatial information play a key role in advancing U.S. national, economic, and homeland security interests. However, the 

full range of remote sensing and geospatial applications has not yet 

been explored at the national level and especially at the State, 

local, and regional levels. The Committee stresses the importance 

of using of commercial data sets, including high resolution commercial satellite imagery, when available and applicable. 

The Committee expects the Advisory Committee established in 

Section 5(a) to establish specific and quantifiable goals for the program so that the effectiveness of the program may later be evaluated by the independent entity referred to in Section 5(b). 

In implementing educational outreach programs prescribed in 

Section 7, the Committee believes the Administrator should include 

the use of existing NASA-funded centers specializing in workforce 

development for geospatial applications. 

IX. COST ESTIMATE

A cost estimate and comparison prepared by the Director of the 

Congressional Budget Office under section 402 of the Congressional 

Budget Act of 1974 has been timely submitted to the Committee on 

Science prior to the filing of this report and is included in Section 

X of this report pursuant to House rule XIII, clause 3(c)(3). 

H.R. 426 does not contain new budget authority, credit authority, 

or changes in revenues or tax expenditures. Assuming that the 

sums authorized under the bill are appropriated, H.R. 426 does authorize additional discretionary spending, as described in the Congressional Budget Office report on the bill, which is contained in 

Section X of this report. 

X. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

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

Summary: H.R. 426 would authorize the appropriation of $15 

million a year over the 2006–2010 period for a new program of the 

National Aeronautics and Space Administration (NASA) to encourage the use of geospatial and remote-sensing data by state, local, 

and tribal governments. The bill would authorize grants to demonstrate how such data could be used for land-use planning, environmental impact evaluation, and other policy analysis. In addition, the bill would require NASA to establish an advisory committee to monitor the program and an educational outreach program to promote remote-sensing applications. 

Assuming appropriation of the authorized amounts, CBO estimates that implementing this bill would cost about $60 million 

over the 2006–2010 period. Enacting H.R. 426 would not affect direct spending or revenues. 

H.R. 426 contains no intergovernmental or private-sector mandates as defined by the Unfunded Mandates Reform Act (UMRA); 

9

any costs to state, local, or tribal governments would result from 

complying with conditions of federal assistance. 

Estimated cost to the Federal Government: The estimated budgetary impact of H.R. 426 is shown in the following table. For this 

estimate, CBO assumes that the amounts authorized will be appropriated near the beginning of each fiscal year and that outlays will 

follow historical patterns or such activities. The cost of this legislation fall within budget function 250 (general science, space, and 

technology.

By fiscal year, millions of dollars— 

2006 2007 2008 2009 2010

CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Authorized Level ............................................................................................ 15 15 15 15 15

Estimated Outlays ......................................................................................... 4 11 14 15 15

Intergovernmental and private-sector impact: H.R. 426 contains 

no intergovernmental or private-sector mandates as defined by 

UMRA. The bill would benefit eligible state, local, and tribal governments by authorizing $15 million per year, for fiscal years 2006 

through 2010, for them to apply remote-sensing and other 

geospatial information technologies for growth management. Any 

costs they incur would result from complying with conditions of federal assistance. 

Estimate prepared by: Federal Costs: Mike Waters. Impact on 

State, Local, and Tribal Governments: Lisa Ramirez-Branum. Impact on the Private Sector: Jean Talarico. 

Estimate approved by: Peter H. Fontaine, Deputy Assistant Director for Budget Analysis.

XI. COMPLIANCE WITH PUBLIC LAW 104–4

H.R. 426 contains no unfunded mandates. 

XII. COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

The Committee on Science’s oversight findings and recommendations are reflected in the body of this report. 

XIII. STATEMENT ON GENERAL PERFORMANCE GOALS AND OBJECTIVES

Pursuant to clause (3)(c) of House rule XIII, the goal of H.R. 426 

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

XIV. CONSTITUTIONAL AUTHORITY STATEMENT

Article I, section 8 of the Constitution of the United States 

grants Congress the authority to enact H.R. 426. 

XV. FEDERAL ADVISORY COMMITTEE STATEMENT

The functions of the advisory committee established by H.R. 426 

are not currently being nor could they be performed by one or more 

agencies or by enlarging the mandate of another existing advisory 

committee. 

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XVI. CONGRESSIONAL ACCOUNTABILITY ACT

The Committee finds that H.R. 426 does not relate to the terms 

and conditions of employment or access to public services or accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act (Public Law 104–1). 

XVII. STATEMENT ON PREEMPTION OF STATE, LOCAL, OR TRIBAL LAW

This legislation is not intended to preempt any state, local, or 

tribal law. 

XVIII. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

This legislation does not amend any existing Federal statute. 

XIX. COMMITTEE RECOMMENDATIONS

On May 17, 2005, a quorum being present, the Committee on 

Science favorably reported H.R. 426, the Commercial Remote Sensing Applications Act of 2005, by a voice vote, and recommended its 

enactment. 

(11)

XX. PROCEEDINGS OF THE FULL COMMITTEE 

MARKUP ON H.R. 426, REMOTE SENSING APPLICATIONS ACT OF 2005

TUESDAY, MAY 17, 2005

HOUSE OF REPRESENTATIVES, 

COMMITTEE ON SCIENCE, 

Washington, DC.

The Committee met, pursuant to call, at 10:08 a.m., in Room 

2318 of the Rayburn House Office Building, Hon. Sherwood L. 

Boehlert [Chairman of the Committee] presiding. 

Chairman BOEHLERT. I want to welcome everyone here today for 

this markup of bills concerning the heavens and the Earth and to 

the agencies that explore them, NOAA and NASA. 

Now let me just say this before I give you the rest of this wonderful statement. 

The Committee on Science will come to order. Pursuant to notice, 

the Committee on Science meets to consider the following measures: H.R. 50, National Oceanic and Atmospheric Administration 

Act; H.R. 2363, To establish a Science and Technology Scholarship 

Program to award scholarships to recruit and prepare students for 

careers in the National Weather Service and in the National Oceanic and Atmospheric Administration marine research, atmospheric 

research, and satellite programs; H.R. 426, Remote Sensing Applications Act of 2005, and H.R. 1022, the George E. Brown, Jr. NearEarth Object Survey Act.

I ask unanimous consent for the authority to recess the Committee at any point during consideration of these matters, and 

without objection, it is so ordered. 

We will now proceed with the markup beginning with the opening statements, and I will continue mine. 

The main bill before us today is the NOAA Organic Act introduced by Dr. Ehlers, which we had initially planned to markup last 

week. This bill will give NOAA a firm legislative grounding, something that was called for by the Ocean Commission, among others. 

The Administration has also called for an Organic Act for NOAA. 

But our bill will do more than merely found NOAA into law. It 

will raise the profile of science at NOAA and improve its management. The bill also will greatly improve oversight of the agency by 

ensuring that Congress and the public get the information needed 

to evaluate NOAA’s organizational structure, facilities plans, budgeting, and satellite programs. This is a solid bill that will strengthen the agency. 

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And now we look forward to working with the Resources Committee, which shares jurisdiction over portions of NOAA, to get this 

bill to the Floor. Also related to NOAA, we will take up Congressman Rohrabacher’s bill to create a Scholarship for Service Program 

at NOAA. And he is a real leader on that effort, and we applaud 

that. We have done the same thing with NASA and the Department of Energy. Service scholarships are a great way to entice students into science, math, and engineering while also helping the 

Federal Government develop the workforce it will need. These 

scholarships have been championed tirelessly by Congressman 

Rohrabacher, and I congratulate him for that. 

We are running the scholarship program through as a separate 

bill, because specific program authorizations generally are not part 

of agency Organic Acts. We will also take up two bills related to 

space today. These were last-minute additions to today’s roster, 

which is something we have generally avoided on this committee. 

But this seemed like an opportune time to move these bills, and 

we continue to work on them through manager’s amendments on 

the Floor. 

Mr. Udall’s bill, which the Committee also passed last Congress, 

concerns remote sensing. Mr. Udall will offer an amendment that 

will take care of concerns raised by companies in the remote sensing data business, concerns that have stymied progress on this bill 

in the past. I know that Mr. Bonner and I, perhaps some others, 

have some further ideas for perfecting the bill, and we will work 

on those as the bill moves forward. 

Mr. Rohrabacher’s bill focuses on near-Earth objects, a subject 

that has long concerned him and has gotten quite a bit of publicity 

lately. Congressman Rohrabacher has helped us all understand 

that asteroids may present a real threat to Earth and that we need 

to pay greater attention to them. All of these bills will improve our 

lives through increasing our understanding of the Earth, how it 

works, and what may threaten it. 

As usual, these bills represent a bipartisan effort, and I take 

pride in that. I look forward to their passage. 

The Chair recognizes Mr. Gordon. 

Mr. Gordon. 

[The prepared statement of Chairman Boehlert follows:]

PREPARED STATEMENT OF CHAIRMAN SHERWOOD L. BOEHLERT

I want to welcome everyone here today for this markup of bills concerning the 

heavens and the Earth—and to the agencies that explore them, NOAA and NASA. 

The main bill before us today is the NOAA Organic Act, introduced by Dr. Ehlers, 

which we had initially planned to mark up last week. This bill will give NOAA a 

firm legislative grounding, something that was called for by the Ocean Commission 

among others. The Administration has also called for an Organic Act for NOAA. 

But our bill will do more than merely found NOAA in law. It will raise the profile 

of science at NOAA and improve its management. The bill also will greatly improve 

oversight of the agency by ensuring that Congress—and the public—get the information needed to evaluate NOAA’s organizational structure, facilities plans, budgeting and satellite programs. This is a solid bill that will strengthen the agency. 

And now we look forward to working with the Resources Committee, which shares 

jurisdiction over portions of NOAA, to get this bill to the Floor. 

Also related to NOAA, we will take up Congressman Rohrabacher’s bill to create 

a scholarship for service program at NOAA, as we have at NASA and the Department of Energy. Service scholarships are a great way to entice students into science, 

math and engineering while also helping the Federal Government develop the workVerDate jul 14 2003 21:38 Jun 29, 2005 Jkt 039006 PO 00000 Frm 00012 Fmt 6601 Sfmt 6621 E:\HR\OC\HR157.XXX HR157
13

force it will need. These scholarships have been championed tirelessly by Congressman Rohrabacher, and I congratulate him for that. 

We are running the scholarship program through as a separate bill because specific program authorizations generally are not part of agency organic acts. 

We will also take up two bills related to space today. These were last minute additions to today’s roster, which is something we have generally avoided on this committee. But this seemed like an opportune time to move these bills, and we can continue to work on them through manager’s amendments on the Floor. 

Mr. Udall’s bill, which the Committee also passed last Congress, concerns remote 

sensing. Mr. Udall will offer an amendment that will take care of concerns raised 

by companies in the remote sensing data business—concerns that have stymied 

progress on this bill in the past. I know that Mr. Bonner and I and perhaps some 

others have some further ideas for ‘‘perfecting’’ the bill, and we will work on those 

as the bill moves forward. 

Mr. Rohrabacher’s bill focuses on Near-Earth Objects, a subject that has long concerned him and that has gotten quite a bit of press lately. Congressman Rohrabacher has helped us all understand that asteroids may present a real threat to 

Earth and that we need to pay greater attention to them. 

All of these bills will improve our lives through increasing our understanding of 

the Earth, how it works and what may threaten it. As usual, these bills represent 

a bipartisan effort. I look forward to their passage. 

Mr. Gordon.

Mr. GORDON. Thank you, Mr. Chairman. You have summed up 

what we are going to do this morning very well. I just want to concur that it is a good idea, I think, to take up these additional three 

bills today, and I want to give my thanks to the staff on both sides 

for the good cooperative work that they have done over the last 

week in trying to bring NOAA together as well as these three bills, 

and I look forward to the markup. 

And I yield my time back. 

[The prepared statement of Mr. Gordon follows:]

PREPARED STATEMENT OF REPRESENTATIVE BART GORDON

I want to thank the Chairman for scheduling this markup. 

Originally we were to just take up H.R. 50 today, but I think it is to the advantage of our Members that we will expeditiously take up three other bills, all of 

which can probably move on suspension on the Floor. 

In addition to the NOAA organic act, I am especially pleased to see the Remote 

Sensing Act move through Committee. We have dealt with this in past Congresses 

and I am happy the Chairman agrees that we can move that bill forward today. 

I don’t want to delay the process here this morning with an extensive preliminary 

statement, but let me take a moment to thank staff on both sides of the aisle for 

their work to handle these bills. I think the Members have been well served through 

their efforts. 

With that, I yield back, Mr. Chairman.

Chairman BOEHLERT. Thank you very much. 

Without objection, Members may place statements in the record 

at this point. 

We will now consider H.R. 426, Remote Sensing Applications Act 

of 2005.

I recognize Mr. Gordon to present any remarks he might have. 

Mr. GORDON. I yield to my friend from Colorado. 

Mr. UDALL. I want to thank the Ranking Member for yielding. 

Mr. Chairman, in the spirit of moving the legislation along, I 

would ask unanimous consent that my entire statement be included in the record. 

Chairman BOEHLERT. Without objection, because we are looking 

forward to reading it. 

Mr. UDALL. And I know it is at the top of your list, and I appreciate your interest. 

14

This bill passed the Committee in the 107th Congress. It passed 

the Committee in the 108th Congress. It provides for all of the 

geospatial information that we are generating to be more widely 

disseminated. It has applications for land use planning, for agricultural interests, and for homeland security. I commend the bill to 

the Committee. 

I have an en bloc amendment that perfects some of the legislation, and you are looking for even greater perfection downstream. 

But with that, I would yield back my time. 

[The prepared statement of Mr. Udall follows:]

PREPARED STATEMENT OF REPRESENTATIVE MARK UDALL

First, I would like to thank the Chairman for making it possible to mark up this 

bill today, and I look forward to working with him and my colleagues from both 

sides of the aisle to see my legislation through to passage in both chambers. 

I introduced this bill as H.R. 1292 in the 107th Congress, and the House passed 

it in 2002. In the 108th Congress, the Science Committee marked up this bill, but 

it did not see Floor action last year. I am hopeful that the third time is the charm. 

I first introduced this bill to address a real problem we have in Colorado, the 

problem of excess growth and sprawl. My goal was to point to a way to utilize the 

resources of the Federal Government to help foster wise community planning and 

management at the local level. However, I believe that this legislation addresses important needs in all fifty states—not just Colorado. 

As a Member of the House Science Committee and the Space and Aeronautics 

Subcommittee, it made sense to me to look for ways to help communities grow in 

a smarter way through the use of technology. 

One new space-age tool is the use of satellites to provide images of the Earth’s 

surface. We now have technology—using geospatial data from satellites—that can 

produce very accurate maps that show information about vegetation, wildlife habitat, flood plains, transportation corridors, soil types, and many other things. 

By giving State and local governments and communities greater access to 

geospatial data from commercial sources and federal agencies such as NASA, I believe that the Federal Government can help bring valuable—and powerful—informational planning resources to the table. 

H.R. 426 would facilitate this transfer of information. The bill would establish in 

NASA a program of grants for competitively awarded pilot projects. The purpose 

would be to explore the integrated use of sources of remote sensing and other 

geospatial information to address State, local, regional, and tribal agency needs. 

State and local governments and communities can use geospatial information in 

a variety of applications—in such areas as urban land-use planning, coastal zone 

management and erosion control, transportation corridors, environmental planning, 

and agricultural and forest management. 

Another potential application that has garnered much attention since 9–11 is the 

use of geospatial technology to bolster our homeland security. 

Emergency management has always been an important responsibility of State and 

local governments. But in the aftermath of the terrorist attacks, the scope of this 

responsibility has broadened. Geospatial technology can help states and localities 

identify the location, nature, and scope of potential vulnerabilities and the impact 

of potential hazards, as well as how to respond to events and recover from them. 

Certainly it is important that we continue to add to our database of available 

geospatial information—more information is always better than less. But we also 

need to get maximum use of information we already have at hand. That is the need 

this bill would address. 

State and local officials are becoming more familiar with the uses of geospatial 

technology for various planning purposes. However, there is a need for federal agencies such as NASA, which has been pioneering the uses of satellite remote sensing 

technologies, to work with State and local organizations to demonstrate how remote 

sensing and other geospatial data can offer a cost-effective planning and assessment 

tool. 

I’m pleased there is bipartisan co-sponsorship of the bill and that it has earned 

the endorsement of a number of important national organizations. These supporters 

of H.R. 426 understand the importance of targeting geospatial information at the 

places where it will have the greatest impact—the local and regional levels. 

The Remote Sensing Applications Act can help begin to bridge the gap between 

established and emerging technology solutions and the problems and challenges that 

15

State and local communities face regarding growth management, homeland security, 

forest fire management, and other issues. 

This bill will be welcomed by states and localities nationwide. I urge its adoption.

Chairman BOEHLERT. I thank the gentleman. 

I ask unanimous consent that the bill is considered as read and 

open to amendment at any point and that Members proceed with 

the amendments in the order of the roster. Without objection, so 

ordered. 

The first amendment on the roster is offered by the gentleman 

from Colorado. 

Are you ready to proceed? 

Mr. UDALL. I am. I have an amendment at the desk, Mr. Chairman. 

Chairman BOEHLERT. The Clerk will report. 

Ms. TESSIERI. Amendment to H.R. 426——

Mr. UDALL. I would ask that the reading be dispensed with, Mr. 

Chairman. 

Chairman BOEHLERT. The gentleman is recognized. 

Mr. UDALL. Mr. Chairman, this amendment makes minor adjustments to ensure that the State and local governments have access 

to this data from commercial sources in addition to federal agencies. The President issued a policy in 2003 directing government 

agencies to rely, to the maximum practical extent, on U.S. commercial remote sensing space capabilities. The amendment highlights 

this policy in the Commercial Space Act and encourages the development of the commercial space industry. 

I would urge adoption of the amendment, and I would also ask 

to put the entire statement about the amendment in the record. 

Chairman BOEHLERT. Without objection, so ordered. 

[The prepared statement of Mr. Udall follows:]

PREPARED STATEMENT OF REPRESENTATIVE MARK UDALL

Mr. Chairman, I have an amendment at the desk. 

The commercial geospatial imaging industry has grown into a reliable and important provider of remote sensing data useful for defense, agriculture, forestry, growth 

planning, and much more. 

This industry plays an important role in the dissemination of this data and the 

advancement of corresponding technologies. 

My amendment makes minor adjustments to ensure that State and local government have access to this data from commercial sources in addition to federal agencies. 

In 2003 the President issued a policy directing government agencies to ‘‘rely to 

the maximum practical extent on U.S. commercial remote sensing space capabilities.’’

My amendment highlights this policy and the Commercial Space Act that encourages the development of the commercial space industry in the United States. 

With this amendment, my bill supports the President’s policy, the commercial imaging industry, and encourages greater access to the data it provides to local and 

State governments. 

With that, Mr. Chairman, I urge the adoption of this amendment.

Chairman BOEHLERT. And just let the Chair say that it is a wonderful amendment, and I am pleased to enthusiastically support it. 

Is there any further discussion on the amendment? If no, the 

vote occurs on the amendment. All in favor, say aye. Opposed, no. 

The ayes have it, and the amendment is agreed to. 

Are there any other amendments? Hearing none, the vote is on 

the bill H.R. 426, Remote Sensing Applications Act of 2005, as 

16

amended. All of those in favor, say aye. Opposed, no. In the opinion 

of the Chair, the ayes have it. 

I recognize Mr. Gordon to offer a motion. 

Mr. GORDON. Mr. Chairman, I move that the Committee favorably report H.R. 426, as amended, to the House with the recommendation that the bill, as amended, do pass. Furthermore, I 

move that the staff be instructed to prepare the legislative report 

and make necessary technical and conforming changes and that the 

Chairman take all necessary steps to bring the bill before the 

House for consideration. 

Chairman BOEHLERT. The question is on the motion to report the 

bill favorably. Those in favor of the motion will signify by saying 

aye. Opposed, no. The ayes have it, and the bill is favorably reported. 

Without objection, the motion to reconsider is laid upon the table. 

I move that Members have two subsequent calendar days in 

which to submit supplemental, minority, or additional views on the 

measure. I move pursuant to Clause 1 of Rule 22 of the Rules of 

the House of Representatives that the Committee authorizes the 

Chairman to offer such motions as may be necessary in the House 

to adopt and pass H.R. 426, the Remote Sensing Applications Act 

of 2005, as amended. Without objection, so ordered. 

I want to thank everybody for participating and for your attendance and indulgence. 

This concludes our Committee markup. 

[Whereupon, at 11:15 a.m., the Committee was adjourned.] 

(17)

Appendix: 

H.R. 426, SECTION-BY-SECTION ANALYSIS, SUMMARY OF H.R. 426, 

AMENDMENT ROSTER, SUMMARY OF AMENDMENT OFFERED BY MR. 

UDALL

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SECTION-BY-SECTION OF H.R. 426,

REMOTE SENSING APPLICATIONS ACT

Section 1. Short title 

‘‘Remote Sensing Applications Act of 2005.’’

Section 2. Findings 

Specifies several findings of the Congress regarding remote sensing applications, 

including the following: the full range of applications of remote sensing and other 

forms of geospatial information to meet public sector requirements have not been 

adequately explored or exploited; such information can be particularly useful to 

State, local, regional, and tribal agencies in the area of urban planning, especially 

in their efforts to plan for and manage the impacts of growth, development, and 

sprawl, as well as in environmental impact and disaster relief planning and management; and NASA, in conjunction with other agencies, can play a unique role in 

stimulating the development of the remote sensing and other geospatial information 

sectors through pilot projects to demonstrate the value of integrating government 

and commercial remote sensing data with geographic information systems and satellite-based positioning data to provide useful applications products. 

Section 3. Definitions 

Defines several terms used throughout the bill. Defines the term ‘geospatial information’ to mean knowledge of the nature and distribution of physical and cultural 

features on the landscape based on analysis of data from airborne or spaceborne 

platforms or other types and sources of data. 

Section 4. Pilot projects to encourage public sector applications 

Directs the NASA Administrator to establish a program of competitively awarded 

grants for pilot projects to explore the integrated use of sources of remote sensing 

and other geospatial information to address State, local, regional, and tribal agency 

needs. Specifies certain preferences in awarding such grants. Directs NASA to seek 

opportunities to assist in the development of commercial applications and to assist 

State, local, regional, and tribal agencies in applying these technologies for growth 

management and wildland fire observation. Restricts assistance for such pilot 

projects to no more than three years. Requires each recipient of such a grant to report to NASA on the results of the pilot project and conduct a workshop for potential 

users to disseminate lessons learned from the project. Authorizes the Administrator 

to issue regulations for the conduct of the pilot projects. 

Section 5. Program evaluation 

Directs the NASA Administrator to establish an advisory committee to monitor 

the program established under section 4. Directs the Administrator to transmit to 

the Congress an evaluation of the program established under section 4 by an independent entity no later than December 31, 2009. 

Section 6. Data availability 

Directs the NASA Administrator to ensure that the results of each of the pilot 

projects completed under section 4 are retrievable through an electronic, Internetaccessible database. 

Section 7. Education 

Directs the Administrator to establish an educational outreach program to increase awareness at institutions of higher education and State, local, regional, and 

tribal agencies of the potential applications of remote sensing and other geospatial 

information. 

Section 8. Cost sensitivity study 

Directs the NASA Administrator to conduct a study of the effect of remote sensing 

imagery costs on potential State, local, regional, and tribal agency applications and 

to transmit the study to Congress not later than two years after the date of enactment. 

Section 9. Report 

Directs NASA to report to Congress not later than six months after enactment 

on how agencies are implementing the recommendations in a September, 2003 General Accounting Office report on the use of geospatial information in wildland fire 

management. 

Section 10. Authorization of appropriations 

Authorizes $15,000,000 for each of the fiscal years 2006 through 2010.

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SUMMARY OF H.R. 426,

REMOTE SENSING APPLICATIONS ACT

The bill establishes a program within the National Aeronautics and Space Administration (NASA) of competitively-awarded grants for pilot projects that use government and commercial remote sensing capabilities and other sources of geospatial information to address State, local, regional and tribal agency needs. It authorizes 

$15,000,000 for each of the fiscal years 2006 through 2010 for the program.

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SUMMARY OF AN AMENDMENT OFFERED BY MR. UDALL

TO H.R. 462, REMOTE SENSING APPLICATIONS ACT

The amendment makes a number of changes to the findings of the bill to include 

references to the benefits of commercially remote sensing data. 

It amends the grant program the bill creates in Section 4 to ensure that the Administrator gives preferential treatment in awarding grants to those potential recipients that, among other things, make use of (1) commercial data sets, including 

high resolution commercial satellite imagery, (2) existing public data sets where 

commercial data sets are not available or applicable, or (3) the fusion of such data 

sets. 

The amendment defines ‘‘high resolution’’ to mean resolution better than five meters. 

The amendment strikes Section 8 of the bill, which requires a study of the effect 

of remote sensing imagery costs on potential State, local, regional, and tribal agency 

applications of remote sensing data.

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