[House Report 110-707]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-707
======================================================================
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 6063) TO AUTHORIZE THE
PROGRAMS OF THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION, AND FOR
OTHER PURPOSES
_______
June 10, 2008.--Referred to the House Calendar and ordered to be
printed
_______
Mr. Hastings of Florida, from the Committee on Rules, submitted the
following
R E P O R T
[To accompany H. Res. 1257]
The Committee on Rules, having had under consideration
House Resolution 1257, by a record vote of 9-4, report the same
to the House with the recommendation that the resolution be
adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 6063, the
National Aeronautics and Space Administration Authorization Act
of 2008, under a structured rule. The rule provides one hour of
general debate equally divided and controlled by the chairman
and ranking minority member of the Committee on Science and
Technology. The rule waives all points of order against
consideration of the bill except clauses 9 and 10 of rule XXI.
The rule provides that the amendment in the nature of a
substitute recommended by the Committee on Science and
Technology now printed in the bill shall be considered as an
original bill for the purpose of amendment and shall be
considered as read. The rule waives all points of order against
the amendment in the nature of a substitute except for clause
10 of rule XXI. This waiver does not affect the point of order
available under clause 9 of rule XXI (regarding earmark
disclosure).
The rule makes in order only those amendments printed in
this report. The amendments made in order may be offered only
in the order printed in this report, may be offered only by a
Member designated in this report, shall be considered as read,
shall be debatable for the time specified in this report
equally divided and controlled by the proponent and an
opponent, shall not be subject to amendment, and shall not be
subject to a demand for a division of the question in the House
or in the Committee of the Whole. All points of order against
the amendments except for clauses 9 and 10 of rule XXI are
waived. The rule provides one motion to recommit with or
without instructions. The rule provides that, notwithstanding
the operation of the previous question, the Chair may postpone
further consideration of the bill to a time designated by the
Speaker.
EXPLANATION OF WAIVERS
The waiver of all points of order against consideration of
the bill (except for clauses 9 and 10 of rule XXI) includes a
waiver of clause 4(a) of rule XIII, requiring a three-day
layover of the committee report. Although the rule waives of
all points of order against the committee amendment in the
nature of a substitute (except for clause 10 of rule XXI), the
committee is not aware of any points of order against the
substitute. The waiver is prophylactic.
COMMITTEE VOTES
The results of each record vote on an amendment or motion
to report, together with the names of those voting for and
against, are printed below:
Rules Committee record vote No. 529
Date: June 10, 2008.
Measure: H.R. 6063.
Motion by: Mr. Dreier.
Summary of motion: To grant an open rule.
Results: Defeated 4-9.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--
Nay; Sutton--Nay; Dreier--Yea; Diaz-Balart--Yea; Hastings
(WA)--Yea; Sessions--Yea; Slaughter--Nay.
Rules Committee record vote No. 530
Date: June 10, 2008.
Measure: H.R. 6063.
Motion by: Mr. Diaz-Balart.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Gingrey (GA), Shadegg (AZ),
Blackburn (TN), Hensarling (TX), Bishop (UT), and Conaway (TX),
#5, which repeals section 526 of the Energy Independence and
Income Security Act of 2007 (Public Law 110-140), which
prohibits federal agencies from purchasing alternative or
synthetic fuels unless the greenhouse gas emissions of such
fuel are less than the emissions of conventional fuel produced
from conventional petroleum sources, and an amendment by Rep.
Gingrey (GA), Shadegg (AZ), and Bishop (UT), #6, which provides
waiver authority to the NASA Administrator (or designee) to
section 526 of the Energy Independence Act of 2007 (procurement
and acquisition of alternative fuels) if such a waiver is
deemed necessary by the Administrator, in his/her sole
discretion, to further the mission of NASA.
Results: Defeated 4-9.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--
Nay; Sutton--Nay; Dreier--Yea; Diaz-Balart--Yea; Hastings
(WA)--Yea; Sessions--Yea; Slaughter--Nay.
Rules Committee record vote No. 531
Date: June 10, 2008.
Measure: H.R. 6063.
Motion by: Mr. Hastings (WA).
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Shadegg (AZ), #9, which
directs NASA to, not later than six months after enactment,
establish a research program to lower energy prices, including
the price of gasoline, using old and new technologies developed
by NASA, with the highest priority placed on technologies that
utilize hydrogen, solar energy, or would allow for safer,
cleaner development of resources in the Alaska National
Wildlife Refuge and the Outer Continental Shelf.
Results: Defeated 4-9.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--
Nay; Sutton--Nay; Dreier--Yea; Diaz-Balart--Yea; Hastings
(WA)--Yea; Sessions--Yea; Slaughter--Nay.
Rules Committee record vote No. 532
Date: June 10, 2008.
Measure: H.R. 6063.
Motion by: Mr. Sessions.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Roskam (IL), #1, which strikes
Section 207, a plan for the Deep Space Climate Observatory, and
adds a new Section 311 to direct the NASA administrator to work
with other federal agencies in developing an initiative of
research, development, and demonstration of an alternative fuel
for commercial aviation.
Results: Defeated 4-9.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--
Nay; Sutton--Nay; Dreier--Yea; Diaz-Balart--Yea; Hastings
(WA)--Yea; Sessions--Yea; Slaughter--Nay.
Rules Committee record vote No. 533
Date: June 10, 2008.
Measure: H.R. 6063.
Motion by: Mr. McGovern.
Summary of motion: To report the rule.
Results: Adopted 9-4.
Vote by Members: McGovern--Yea; Hastings (FL)--Yea;
Matsui--Yea; Cardoza--Yea; Welch--Yea; Castor--Yea; Arcuri--
Yea; Sutton--Yea; Dreier--Nay; Diaz-Balart--Nay; Hastings
(WA)--Nay; Sessions--Nay; Slaughter--Yea.
SUMMARY OF AMENDMENTS MADE IN ORDER
(Summaries derived from information provided by sponsors.)
1. Gordon (TN): Includes a provision related to
coordination with the FAA on sonic boom research. It also
replaces Secs. 305 and 306 with equivalent language from Secs.
903 and 905 respectively of the House-passed FAA
Reauthorization, H.R. 2881. It adds suborbital reusable launch
vehicles to the list of suborbital science research platforms.
The amendment includes a sense of Congress on the value of
NASA's EarthKam and robotics competitions for inspiring
students. It also includes sense of Congress language urging
NASA to use entrepreneurial companies to conduct appropriate
R&D and seek ways to ensure that firms that rely on fixed price
proposals aren't disadvantaged. The amendment also includes
NASA workforce-related provisions, including an extension of
the RIF moratorium, a limit on the use of term positions in FY
2009, and a temporary continuation of coverage of health
benefits. (10 minutes)
2. Rohrabacher (CA): Expresses the sense of Congress that
the U.S. should seek to obtain cooperation from other nations
in discovering and monitoring near-Earth asteroids. (10
minutes)
3. Wu (OR): Encourages the United States to lead confidence
building measures that advance the long-term initiative for
international cooperation. (10 minutes)
4. Wu (OR): Expresses the sense of Congress that NASA
should not dilute, distort, suppress, or impede scientific
research or the dissemination thereof. (10 minutes)
5. Lampson (TX): Exempts NASA from Section 526(a) of the
Energy Independence and Security Act of 2007 if the contract
does not specifically require the contractor to provide an
alternative or synthetic fuel or fuel from a nonconventional
source, the purpose of the contract is not to obtain an
alternative or synthetic fuel or fuel from a nonconventional
petroleum source, and the contract does not provide incentives
for a refinery upgrade or expansion to allow a refinery to use
or increase its use of fuel from a nonconventional petroleum
source. (10 minutes)
6. Arcuri (NY): Amends Title IV, Section 407 to require the
National Aeronautics and Space Administration (NASA) to examine
the feasibility of contracting non-federal actors to
disseminate images and multi-media records delivered from space
to the public as part of NASA's participatory exploration
technology plan. Additionally, the amendment would require NASA
to employ a transparent bidding process to award any such
contracts, pursuant to U.S. law. (10 minutes)
7. DeFazio (OR): Requires CBO to update their report from
2004 on the budgetary analysis of the NASA's Vision for the
Nation's Space Exploration Program. This report is to be
completed in 6 months. (10 minutes)
8. Harman (CA)/Ehlers (MI): Expresses the sense of Congress
that NASA should work with other government agencies and the
aerospace industry to develop and implement policies to sustain
and expand the aerospace industry workforce. (10 minutes)
9. Braley (IA): Directs NASA to prioritize any existing
cooperatives with the National Oceanic Atmospheric
Administration (NOAA) that are related to the study of
tornadoes and tornado force winds with the goal of determining
the nation's ability to predict tornado events. The amendment
would also require NASA to examine if there are other areas
where NASA can work with NOAA in the area of tornado research.
(10 minutes)
10. Hodes (NH): Establishes a scholarship program in honor
of Christa McAulliffe, a teacher from Concord, New Hampshire
who died in the 1986 Challenger Space Shuttle disaster. The
scholarship would go to women pursuing degrees in mathematics,
science, and engineering. (10 minutes)
11. Yarmuth (KY): Requires NASA to respond to
recommendations in recent reports of the Government
Accountability Office and the National Academy of Sciences to
ensure the public has access to correct and timely research and
data on global warming. (10 minutes)
12. Jackson-Lee (TX): Clarifies that the NASA Outreach and
Technology Assistance Program will include small, minority-
owned, and women-owned businesses. It would also give
preference, in selection for the program, to socially and
economically disadvantaged small business concerns, small
business concerns owned and controlled by service-disabled
veterans, and HUBZone small business concerns. (10 minutes)
TEXT OF AMENDMENTS MADE IN ORDER UNDER THE RULE
1. An Amendment To Be Offered by Representative Gordon of Tennessee or
His Designee, Debatable for 10 Minutes
In section 303, add at the end the following new subsection:
(c) Coordination.--The Administrator shall ensure that sonic
boom research is coordinated as appropriate with the
Administrator of the Federal Aviation Administration, and as
appropriate make use of the expertise of the Partnership for
Air Transportation Noise and Emissions Reduction Center of
Excellence sponsored by NASA and the Federal Aviation
Administration.
Amend section 305 to read as follows:
SEC. 305. INTERAGENCY RESEARCH INITIATIVE ON THE IMPACT OF AVIATION ON
THE CLIMATE.
(a) In General.--The Administrator of the Federal Aviation
Administration, in coordination with NASA and the United States
Climate Change Science Program, shall establish a research
initiative to assess the impact of aviation on the climate and,
if warranted, to evaluate approaches to mitigate that impact.
(b) Research Plan.--Not later than one year after the date of
enactment of this Act, the participating Federal entities shall
jointly develop a plan for the research program that contains
the objectives, proposed tasks, milestones, and 5-year
budgetary profile.
Amend section 306 to read as follows (and amend the table of
contents accordingly):
SEC. 306. RESEARCH ON DESIGN FOR CERTIFICATION.
(a) Establishment of Program.--Not later than 6 months after
the date of enactment of this Act, the Federal Aviation
Administration, in consultation with other agencies as
appropriate, shall establish a research program on methods to
improve both confidence in and the timeliness of certification
of new technologies for their introduction into the national
airspace system.
(b) Research Plan.--Not later than 1 year after the date of
enactment of this Act, as part of the activity described in
subsection (a), the Federal Aviation Administration shall
develop a plan for the research program that contains the
objectives, proposed tasks, milestones, and five-year budgetary
profile.
(c) Review.--The Administrator of the Federal Aviation
Administration shall have the National Research Council conduct
an independent review of the research program plan and provide
the results of that review to the Committee on Science and
Technology and the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate not later than 18 months after the date of enactment of
this Act.
In section 504, strike ``and high-altitude balloons,'' and
insert ``high-altitude balloons, and suborbital reusable launch
vehicles,''.
In title VII, add at the end the following new section (and
amend the table of contents accordingly):
SEC. 703. SENSE OF CONGRESS.
It is the sense of Congress that NASA's educational programs
are important sources of inspiration and hands-on learning for
the next generation of engineers and scientists and should be
supported. In that regard, programs such as EarthKAM, which
brings NASA directly into American classrooms by enabling
students to talk directly with Astronauts aboard International
Space Station and take photographs of Earth from space, and
NASA involvement in robotics competitions for students of all
levels, are particularly worthy undertakings and NASA should
support them and look for additional opportunities to engage
students through NASA's space and aeronautics activities.
In section 901, insert ``It is further the sense of Congress
that United States entrepreneurial space companies have the
potential to develop and deliver innovative technology
solutions at affordable costs. NASA is encouraged to use United
States entrepreneurial space companies to conduct appropriate
research and development activities. NASA is further encouraged
to seek ways to ensure that firms that rely on fixed-price
proposals are not disadvantaged when NASA seeks to procure
technology development.'' after ``provide those services.''.
In title XI, add at the end the following new sections (and
amend the table of contents accordingly):
SEC. 1109. REDUCTION-IN-FORCE MORATORIUM.
NASA shall not initiate or implement a reduction-in-force, or
conduct any other involuntary separations of permanent, non-
Senior Executive Service, civil servant employees except for
cause on charges of misconduct, delinquency, or inefficiency
prior to December 31, 2010.
SEC. 1110. LIMIT ON THE USE OF TERM POSITIONS.
NASA shall limit the percentage of employees in term
positions, excluding students and cooperatives, within NASA to
less than or equal to ten percent of the total number of non-
Senior Executive Service, civil servant employees in fiscal
year 2009.
SEC. 1111. TEMPORARY CONTINUATION OF COVERAGE OF HEALTH BENEFITS.
(a) Section 8905a (d) of title 5, United States Code, is
amended by adding at the end the following new paragraph:
``(6)(A) If the basis for continued coverage under
this section is, as a result of the termination of the
Space Shuttle Program, an involuntary separation from a
position due to a reduction-in-force or declination of
a directed reassignment or transfer of function, or a
voluntary separation from a surplus position in the
National Aeronautics and Space Administration--
``(i) the individual shall be liable for not
more than the employee contributions referred
to in paragraph (1)(A)(i); and
``(ii) the National Aeronautics and Space
Administration shall pay the remaining portion
of the amount required under paragraph (1) (A).
``(B) This paragraph shall only apply with respect to
individuals whose continued coverage is based on a
separation occurring on or after the date of enactment
of this paragraph and before December 31, 2010.
``(C) For purposes of this paragraph, ``surplus
position'' means a position which is--
``(i) identified in pre-reduction-in-force
planning as no longer required, and which is
expected to be eliminated under formal
reduction-in-force procedures as a result of
the termination of the Space Shuttle Program;
or
``(ii) encumbered by an employee who has
received official certification from the
National Aeronautics and Space Administration
consistent with the Administration's career
transition assistance program regulations that
the position is being abolished as a result of
the termination of the Space Shuttle
Program.''.
(b) Paragraph (1)(A) of such subsection (d) is amended by
striking ``(4) and (5)'' and inserting ``(4), (5), and (6)''.
2. An Amendment To Be Offered by Representative Rohrabacher of
California, or His Designee, Debatable for 10 Minutes
In title VIII, add at the end the following new section (and
amend the table of contents accordingly):
SEC. 807. INTERNATIONAL RESOURCES.
It is the sense of Congress that, since an estimated 25,000
asteroids of concern have yet to be discovered and monitored,
the United States should seek to obtain commitments for
cooperation from other nations with significant resources for
contributing to a thorough and timely search for such objects
and an identification of their characteristics.
----------
3. An Amendment To Be Offered by Representative Wu of Oregon, or His
Deisgnee, Debatable for 10 Minutes
In section 401 insert at the end the following: ``When
appropriate, the United States should lead confidence building
measures that advance the long-term initiative for
international cooperation.''.
----------
4. An Amendment To Be Offered by Representative Wu of Oregon, or His
Designee, Debatable for 10 Minutes
In title XI, add at the end the following new section (and
amend the table of contents accordingly:
SEC. 1109. SENSE OF CONGRESS.
It is the sense of Congress that NASA should not dilute,
distort, suppress, or impede scientific research or the
dissemination thereof.
----------
5. An Amendment To Be Offerred by Representative Lampson of Texas or
His Designee Debatable for 10 Minutes
In title XI, add at the end the following new section (and
amend the table of contents accordingly):
SEC. 1109. EXCEPTION TO ALTERNATIVE FUEL PROCUREMENT REQUIREMENT.
Section 526(a) of the Energy Independence and Security Act of
2007 (42 U.S.C. 17142(a)) does not prohibit NASA from entering
into a contract to purchase a generally available fuel that is
not an alternative or synthetic fuel or predominantly produced
from a nonconventional petroleum source, if--
(1) the contract does not specifically require the
contractor to provide an alternative or synthetic fuel
or fuel from a nonconventional petroleum source;
(2) the purpose of the contract is not to obtain an
alternative or synthetic fuel or fuel from a
nonconventional petroleum source; and
(3) the contract does not provide incentives for a
refinery upgrade or expansion to allow a refinery to
use or increase its use of fuel from a nonconventional
petroleum source.
----------
6. An Amendment To Be Offered by Representative Arcuri of New York or
His Designee, Debatable for 10 Minutes
In section 407(a), add at the end the following: ``As part of
the technology plan, the Administrator shall examine the
feasibility of having NASA enter into contracts with
appropriate public, private sector, and international partners
to broadcast electronically, including via the Internet, images
and multimedia records delivered from its missions in space to
the public and shall identify issues associated with such
contracts. In any such contracts, NASA would be required to
adhere to a transparent bidding process to award contracts,
pursuant to United States law.''.
----------
7. An Amendment To Be Offered by Representative DeFazio of Oregon or
His Designee, Debatable for 10 Minutes
In title IV, add at the end the following new section (and
amend the table of contents accordingly):
SEC. 409. CONGRESSIONAL BUDGET OFFICE REPORT UPDATE.
Not later than 6 months after the date of enactment of this
Act, the Congressional Budget Office shall update its report
from 2004 on the budgetary analysis of NASA's Vision for the
Nation's Space Exploration Program, including new estimates for
Project Constellation, NASA's new generation of spacecraft
designed for human spaceflight that will replace the Space
Shuttle program.
----------
8. An Amendment To Be Offered by Representative Harman of California,
or Her Designee, Debatable for 10 Minutes
In title XI, add at the end the following new section (and
amend the table of contents accordingly):
SEC. 1109. SENSE OF CONGRESS REGARDING THE NEED FOR A ROBUST WORKFORCE.
It is the sense of Congress that--
(1) a robust and highly skilled workforce is critical
to the success of NASA's programs;
(2) voluntary attrition, the retirement of many
senior workers, and difficulties in recruiting could
leave NASA without access to the intellectual capital
necessary to compete with its global competitors; and
(3) NASA should work cooperatively with other
agencies of the United States Government responsible
for programs related to space and the aerospace
industry to develop and implement policies, including
those with an emphasis on improving science,
technology, engineering, and mathematics education at
all levels, to sustain and expand the diverse workforce
available to NASA.
----------
9. An Amendment To Be Offered by Representative Braley of Iowa, or His
Designee, Debatable for 10 Minutes
In title II, add at the end the following new section (and
amend the table of contents accordingly):
SEC. 208. TORNADOES.
The Administrator shall ensure that NASA gives high priority
to those parts of its existing cooperative activities with NOAA
that are related to the study of tornadoes, tornado-force
winds, and other factors determined to influence the
development of tornadoes, with the goal of improving the
Nation's ability to predict tornado events. Further, the
Administrator shall examine whether there are additional
cooperative activities with NOAA that should be undertaken in
the area of tornado research.
----------
10. An Amendment To Be Offered by Representative Hodes of New
Hampshire, or His Designee, Debatable for 10 Minutes
In title XI, add at the end the following new section (and
amend the table of contents accordingly):
SEC. 1109. CHRISTA MCAULIFFE SCHOLARSHIP PROGRAM FOR FIELDS RELATED TO
THE MISSION OF NASA.
The Administrator shall establish a scholarship program in
honor of Christa McAuliffe, who died in the 1986 Challenger
Space Shuttle Disaster. The scholarship fund would provide
scholarships each year of $10,000 each to three women who are
going to college to study in fields related to the mission of
NASA, with the goal of seeking careers in space science,
aeronautics, and other fields related to NASA.
----------
11. An Amendment To Be Offered by Representative Yarmuth of Kentucky,
or His Designee, Debatable for 10 Minutes
In title II, add at the end the following new section (and
amendment the table of contents accordingly):
SEC. 209. SHARING WEATHER RESEARCH.
The Administrator shall work to ensure that NASA's policies
on the sharing of climate related data respond to the
recommendations of the Government Accountability Office's
report on climate change research and data-sharing policies and
to the recommendations on the processing, distribution, and
archiving of data by the National Academies Earth Science
Decadal Survey, Earth Science and Applications from Space, and
other relevant National Academies reports, to enhance and
facilitate their availability and widest possible use to ensure
public access to accurate and current data on global warming.
----------
12. An Amendment To Be Offered by Representative Jackson-Lee of Texas,
or Her Designee, Debatable for 10 Minutes
In section 1108--
(1) in subsection (a), strike ``small businesses''
and insert ``small, minority-owned, and women-owned
businesses''; and
(2) in subsection (b)(2), insert ``, giving
preference to socially and economically disadvantaged
small business concerns, small business concerns owned
and controlled by service-disabled veterans, and
HUBZone small business concerns. This paragraph shall
not apply to any contracting actions entered into or
taken by the Agency'' after ``to small businesses''.