Union Calendar No. 354

103D CONGRESS

2D SESSION H. R. 4489

[Report No. 103–654]

A BILL

To authorize appropriations to the National Aeroother purposes. mission support, and Inspector General, and for space flight, science, aeronautics, and technology, nautics and Space Administration for human

AUGUST 3, 1994

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 354

103D CONGRESS

2D SESSION H. R. 4489

[Report No. 103–654]

To authorize appropriations to the National Aeronautics and Space Administration for human space flight, science, aeronautics, and technology,

mission support, and Inspector General, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MAY 25, 1994

Mr. BROWN of California introduced the following bill; which was referred to

the Committee on Science, Space, and Technology

AUGUST 3, 1994

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on May 25, 1994]

A BILL

To authorize appropriations to the National Aeronautics and

Space Administration for human space flight, science,

aeronautics, and technology, mission support, and Inspector General, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘National Aeronautics

3 and Space Administration Authorization Act, Fiscal Years

4 1995 and 1996’’.

5 SEC. 2. FINDINGS.

6 The Congress finds that—

7 (1) the National Aeronautics and Space Admin8 istration will require a stable budget, adjusted for in9 flation, in order to carry out the initiatives now

10 planned in human space flight and science, aero11 nautics, and technology;

12 (2) cooperation in space should continue to be a

13 major element of the post-cold war foreign policy

14 agenda through a broad range of scientific and engi15 neering programs that have the potential to stabilize

16 the scientific and industrial base of the former Soviet

17 Union and encourage the transition toward political

18 reform and a market-based economy;

19 (3) the National Aeronautics and Space Admin20 istration should aggressively pursue actions and re21 forms directed at reducing institutional costs, includ22 ing management restructuring, facility consolidation,

23 procurement reform, personnel base downsizing, and

24 convergence with other defense and private sector sys25 tems; and
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1 (4) in formulating a national space transpor2 tation policy, the National Aeronautics and Space

3 Administration should take the lead role in develop4 ing advanced space transportation technologies in5 cluding reusable space vehicles, single-stage-to-orbit

6 vehicles, and manned space systems.

7 SEC. 3. DEFINITIONS.

8 For purposes of this Act—

9 (1) the term ‘‘Administrator’’ means the Admin10 istrator of the National Aeronautics and Space Ad11 ministration; and

12 (2) the term ‘‘institution of higher education’’

13 has the meaning given such term in section 1201(a)

14 of the Higher Education Act of 1965 (20 U.S.C.

15 1141(a)).

16 TITLE I—AUTHORIZATION OF

17 APPROPRIATIONS

18 Subtitle A—Authorizations

19 SEC. 101. HUMAN SPACE FLIGHT.

20 (a) AUTHORIZATIONS.—There are authorized to be ap21 propriated to the National Aeronautics and Space Admin22 istration for Human Space Flight the following amounts:

23 (1) For the Space Station, $1,889,600,000 for

24 fiscal year 1995, and $1,833,600,000 for fiscal year

25 1996.
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1 (2) For Russian Cooperation, $150,100,000 for

2 fiscal year 1995, of which $50,100,000 shall be for

3 space station related expenditures, and $129,200,000

4 for fiscal year 1996, of which $29,200,000 shall be for

5 space station related expenditures.

6 (3) For the Space Shuttle, $3,292,000,000 for fis7 cal year 1995, and $3,252,700,000 for fiscal year

8 1996.

9 (4) For Payload and Utilization Operations,

10 $321,200,000 for fiscal year 1995, and $301,100,000

11 for fiscal year 1996.

12 (b) CONSTRUCTION OF FACILITIES.—(1) Of the funds

13 authorized to be appropriated under subsection (a)(1) for

14 fiscal year 1995, $20,200,000 are authorized for construc15 tion of a Neutral Buoyancy Laboratory, Johnson Space

16 Center.

17 (2) Of the funds authorized to be appropriated under

18 subsection (a)(3) for fiscal year 1995, $4,800,000 are au19 thorized for modernization of the Firex System, Pads A and

20 B, Kennedy Space Center.

21 (3) Of the funds authorized to be appropriated under

22 subsection (a)(3) for fiscal year 1995, $7,500,000 are au23 thorized for replacement of the Components Refurbishment

24 Laboratory, Kennedy Space Center.
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1 SEC. 102. SCIENCE, AERONAUTICS, AND TECHNOLOGY.

2 (a) AUTHORIZATIONS.—There are authorized to be ap3 propriated to the National Aeronautics and Space Admin4 istration for Science, Aeronautics, and Technology the fol5 lowing amounts:

6 (1) For Space Science—

7 (A) $1,773,000,000 for fiscal year 1995, of

8 which—

9 (i) $1,081,700,000 are authorized for

10 Physics and Astronomy; and

11 (ii) $691,300,000 are authorized for

12 Planetary Exploration, including

13 $129,700,000 for the Discovery program

14 and $4,000,000 for Venus data analysis;

15 and

16 (B) $1,763,000,000 for fiscal year 1996, of

17 which—

18 (i) $1,173,100,000 are authorized for

19 Physics and Astronomy, including

20 $20,000,000 for the Stratospheric Observ21 atory for Infrared Astronomy and

22 $50,000,000 for the Solar-Terrestrial

23 Probes; and

24 (ii) $589,900,000 are authorized for

25 Planetary Exploration, including

26 $122,400,000 for the Discovery program,
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1 $10,000,000 for the Pluto Fast Flyby, and

2 $4,000,000 for Venus data analysis.

3 (2) For Life and Microgravity Sciences and Ap4 plications, $470,900,000 for fiscal year 1995, of which

5 $155,800,000 shall be for space station related ex6 penditures, and $527,400,000 for fiscal year 1996, of

7 which $233,500,000 shall be for space station related

8 expenditures, and of which at least $2,000,000 for

9 each such fiscal year is reserved for research on the

10 causes of breast and ovarian cancers and other wom11 en’s health issues.

12 (3) For Mission to Planet Earth, $1,214,100,000

13 for fiscal year 1995, of which $9,800,000 shall be for

14 space station related expenditures, and of which

15 $726,000,000 are authorized for the Earth Observing

16 System (EOS), including the EOS Data and Infor17 mation System, and of which $18,000,000 shall be for

18 the Consortium for International Earth Science Infor19 mation Network, and $1,276,100,000 for fiscal year

20 1996, of which $9,800,000 shall be for space station

21 related expenditures, and of which $847,500,000 are

22 authorized for the Earth Observing System (EOS),

23 including the EOS Data and Information System,

24 and of which $18,000,000 shall be for the Consortium

25 for International Earth Science Information Network.
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1 Beginning in fiscal year 1996, amounts appropriated

2 for the Global Observations to Benefit the Environ3 ment, or any other program established to perform

4 substantially the same functions, may be obligated

5 only to the extent that an equal or greater amount of

6 non-Federal funding is provided for such program.

7 (4) For Advanced Concepts and Technology—

8 (A) $640,700,000 for fiscal year 1995, of

9 which $15,000,000 shall be for space station re10 lated expenditures, and of which $40,000,000 are

11 authorized for the Single-Stage-to-Orbit (SSTO)

12 X-vehicle development and supporting ground13 based test program, $13,600,000 are authorized

14 for University Space Engineering Research Cen15 ters, and $47,900,000 are authorized for the

16 Small Spacecraft Technology Initiative, except

17 that funds for such Initiative may not be ex18 pended—

19 (i) to duplicate private sector activities

20 or to fund any activities that a private sec21 tor entity is proposing to carry out for com22 mercial purposes; or

23 (ii) for projects that are initiated after

24 the date of enactment of this Act unless such

25 projects require cost-sharing by industry at
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1 levels consistent with comparable joint Gov2 ernment-industry advanced technology de3 velopment programs; and

4 (B) $747,300,000 for fiscal year 1996, of

5 which $15,000,000 shall be for space station re6 lated expenditures, and of which $116,000,000

7 are authorized for the Single-Stage-to-Orbit

8 (SSTO) X-vehicle development and supporting

9 ground-based test program.

10 (5) For Aeronautical Research and Technology,

11 $898,500,000 for fiscal year 1995, and $941,900,000

12 for fiscal year 1996, of which—

13 (A) $342,800,000 for fiscal year 1995, and

14 $343,700,000 for fiscal year 1996, are authorized

15 for Research and Technology Base activities, in16 cluding $10,000,000 for each such fiscal year for

17 the Rotorcraft Technology Center Program;

18 (B) $221,300,000 for fiscal year 1995 are

19 authorized for High Speed Research, including

20 $12,000,000 for Environmental Impact Assess21 ments, and $245,500,000 for fiscal year 1996 are

22 authorized for High Speed Research, including

23 $12,500,000 for Environmental Impact Assess24 ments;
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1 (C) $125,800,000 for fiscal year 1995 are

2 authorized for Advanced Subsonic Technology,

3 including $24,000,000 for Terminal Area Pro4 ductivity and $13,000,000 for Short Haul Air5 craft, and $158,500,000 for fiscal year 1996 are

6 authorized for Advanced Subsonic Technology,

7 including $25,000,000 for Terminal Area Pro8 ductivity and $20,000,000 for Short Haul Air9 craft; and

10 (D) $186,600,000 for fiscal year 1995, and

11 $186,200,000 for fiscal year 1996 are authorized

12 for Other Systems Technology Programs, includ13 ing $40,000,000 for each such fiscal year for the

14 Hypersonic Research Program.

15 (6) For Launch Services, $331,100,000 for fiscal

16 year 1995, and $279,000,000 for fiscal year 1996.

17 (7) For Mission Communication Services,

18 $481,200,000 for fiscal year 1995, and $486,600,000

19 for fiscal year 1996.

20 (8) For Academic Programs, $97,200,000 for fis21 cal year 1995, and $111,700,000 for fiscal year 1996.

22 (b) CONSTRUCTION OF FACILITIES.—(1) Of the funds

23 authorized to be appropriated under subsection (a)(3) for

24 fiscal year 1995, $17,000,000 are authorized for construc-
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1 tion of the Earth Systems Science Building, Goddard Space

2 Flight Center.

3 (2) Of the funds authorized to be appropriated under

4 subsection (a)(5), $22,000,000 for fiscal year 1995 and

5 $8,000,000 for fiscal year 1996 are authorized for mod6 ernization of the Unitary Plan Wind Tunnel Complex,

7 Ames Research Center.

8 (c) SCIENTIFIC COOPERATION WITH RUSSIA.—

9 (1) SENSE OF CONGRESS.—It is the sense of

10 Congress that the National Aeronautics and Space

11 Administration should seek, to the maximum extent

12 practicable, to undertake joint scientific activities

13 with Russia with an initial focus on the robotic ex14 ploration of Mars. Such joint scientific activities may

15 include other spacefaring nations, as appropriate.

16 (2) MARS TRANSITION PLAN.—The Adminis17 trator shall provide to the Congress by February 15,

18 1995, a detailed plan for the transition of the Mars

19 Surveyor program to an integrated Mars exploration

20 program with Russia and other spacefaring nations,

21 as appropriate.

22 SEC. 103. MISSION SUPPORT.

23 There are authorized to be appropriated to the Na24 tional Aeronautics and Space Administration for Mission

25 Support the following amounts:
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1 (1) For Safety, Reliability, and Quality Assur2 ance, $38,700,000 for fiscal year 1995, and

3 $38,800,000 for fiscal year 1996.

4 (2) For Space Communication Services,

5 $218,900,000 for fiscal year 1995, and $320,300,000

6 for fiscal year 1996.

7 (3) For Construction of Facilities, including

8 land acquisition—

9 (A) $135,000,000 for fiscal year 1995, of

10 which—

11 (i) $8,000,000 are authorized to per12 form seismic upgrade of the Research, De13 velopment, and Test Building, Dryden

14 Flight Research Center;

15 (ii) $5,000,000 are authorized to re16 store the Exterior/Interior Systems, Build17 ings 3, 13, and 14, Goddard Space Flight

18 Center;

19 (iii) $4,300,000 are authorized to mod20 ernize the Condenser Water Systems, South21 ern Sector, Jet Propulsion Laboratory;

22 (iv) $4,300,000 are authorized to reha23 bilitate the Utility Tunnel Structure and

24 Systems, Johnson Space Center;
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1 (v) $1,500,000 are authorized to mod2 ernize the Payloads Hazardous Servicing

3 Facility HVAC System, Kennedy Space

4 Center;

5 (vi) $4,900,000 are authorized to mod6 ernize the Metrology and Calibration Facil7 ity, Marshall Space Flight Center;

8 (vii) $30,000,000 are authorized to re9 pair facilities at various locations, not in

10 excess of $1,000,000 per project;

11 (viii) $30,000,000 are authorized to re12 habilitate and modify facilities at various

13 locations, not in excess of $1,000,000 per

14 project;

15 (ix) $2,000,000 are authorized for

16 minor construction of new facilities and ad17 ditions to existing facilities at various loca18 tions, not in excess of $750,000 per project;

19 (x) $10,000,000 are authorized for fa20 cility planning and design; and

21 (xi) $35,000,000 are authorized for en22 vironmental compliance and restoration;

23 and

24 (B) $170,900,000 for fiscal year 1996, of

25 which $5,000,000, less any amounts made avail-
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1 able pursuant to paragraph (5), shall be for the

2 establishment of a Visitor Center for the Lewis

3 Research Center, if at least—

4 (i) an equal amount of funding;

5 (ii) in-kind resources of equivalent

6 value; or

7 (iii) a combination thereof,

8 are provided for such purpose from non-Federal

9 sources.

10 (4) For Research and Program Management, in11 cluding personnel and related costs, travel, and re12 search operations support, $2,192,300,000 for fiscal

13 year 1995, and $2,200,000,000 for fiscal year 1996.

14 (5) For the establishment of a Visitor Center for

15 the Lewis Research Center, to the extent provided in

16 advance in appropriations Acts, all unobligated funds

17 available to the Administrator from appropriations

18 for fiscal years before fiscal year 1995, but not to ex19 ceed $5,000,000, if at least—

20 (A) an equal amount of funding;

21 (B) in-kind resources of equivalent value; or

22 (C) a combination thereof,

23 are provided for such purpose from non-Federal

24 sources.
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1 SEC. 104. INSPECTOR GENERAL.

2 There are authorized to be appropriated to the Na3 tional Aeronautics and Space Administration for Inspector

4 General, $16,000,000 for fiscal year 1995, and $16,500,000

5 for fiscal year 1996.

6 SEC. 105. TOTAL AUTHORIZATION.

7 Notwithstanding any other provision of this title, the

8 total amount authorized to be appropriated under this Act

9 shall not exceed $14,105,500,000 for fiscal year 1995, and

10 $14,400,000,000 for fiscal year 1996.

11 Subtitle B—Limitations and

12 Special Authority

13 SEC. 111. USE OF FUNDS FOR CONSTRUCTION.

14 (a) AUTHORIZED USES.—Funds appropriated under

15 sections 101(a), 102(a), and 103 (1) and (2), and funds

16 appropriated for research operations support under section

17 103(4), may be used for the construction of new facilities

18 and additions to, repair of, rehabilitation of, or modifica19 tion of existing facilities at any location in support of the

20 purposes for which such funds are authorized.

21 (b) LIMITATION.—None of the funds used pursuant to

22 subsection (a) may be expended for a project, the estimated

23 cost of which to the National Aeronautics and Space Ad24 ministration, including collateral equipment, exceeds

25 $500,000, until 30 days have passed after the Administrator

26 has notified the Committee on Science, Space, and Tech-
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1 nology of the House of Representatives and the Committee

2 on Commerce, Science, and Transportation of the Senate

3 of the nature, location, and estimated cost to the National

4 Aeronautics and Space Administration of such project.

5 (c) TITLE TO FACILITIES.—If funds are used pursuant

6 to subsection (a) for grants to institutions of higher edu7 cation, or to nonprofit organizations whose primary pur8 pose is the conduct of scientific research, for purchase or

9 construction of additional research facilities, title to such

10 facilities shall be vested in the United States unless the Ad11 ministrator determines that the national program of aero12 nautical and space activities will best be served by vesting

13 title in the grantee institution or organization. Each such

14 grant shall be made under such conditions as the Adminis15 trator shall determine to be required to ensure that the

16 United States will receive therefrom benefits adequate to

17 justify the making of that grant.

18 SEC. 112. AVAILABILITY OF APPROPRIATED AMOUNTS.

19 To the extent provided in appropriations Acts, appro20 priations authorized under subtitle A may remain available

21 without fiscal year limitation.

22 SEC. 113. REPROGRAMMING FOR CONSTRUCTION OF FA23 CILITIES.

24 (a) IN GENERAL.—Appropriations authorized under

25 any paragraph of section 101(b), 102(b), or 103(3)—
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1 (1) may be varied upward by 10 percent in the

2 discretion of the Administrator; or

3 (2) may be varied upward by 25 percent, to meet

4 unusual cost variations, after the expiration of 15

5 days following a report on the circumstances of such

6 action by the Administrator to the Committee on

7 Science, Space, and Technology of the House of Rep8 resentatives and the Committee on Commerce,

9 Science, and Transportation of the Senate.

10 The aggregate amount authorized to be appropriated under

11 sections 101(b), 102(b) and 103(3) shall not be increased

12 as a result of actions authorized under paragraphs (1) and

13 (2) of this subsection.

14 (b) SPECIAL RULE.—Where the Administrator deter15 mines that new developments in the national program of

16 aeronautical and space activities have occurred; and that

17 such developments require the use of additional funds for

18 the purposes of construction, expansion, or modification of

19 facilities at any location; and that deferral of such action

20 until the enactment of the next National Aeronautics and

21 Space Administration Authorization Act would be incon22 sistent with the interest of the Nation in aeronautical and

23 space activities, the Administrator may use up to

24 $10,000,000 of the amounts authorized under section

25 101(b), 102(b), or 103(3) for each fiscal year for such pur-
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1 poses. No such funds may be obligated until a period of

2 30 days has passed after the Administrator has transmitted

3 to the Committee on Commerce, Science, and Transpor4 tation of the Senate and the Committee on Science, Space,

5 and Technology of the House of Representatives a written

6 report describing the nature of the construction, its costs,

7 and the reasons therefor.

8 SEC. 114. CONSIDERATION BY COMMITTEES.

9 Notwithstanding any other provision of this Act—

10 (1) no amount appropriated to the National Aer11 onautics and Space Administration may be used for

12 any program for which the President’s annual budget

13 request included a request for funding, but for which

14 the Congress denied or did not provide funding;

15 (2) no amount appropriated to the National Aer16 onautics and Space Administration may be used for

17 any program in excess of the amount actually author18 ized for the particular program by subtitle A; and

19 (3) no amount appropriated to the National Aer20 onautics and Space Administration may be used for

21 any program which has not been presented to the

22 Congress in the President’s annual budget request or

23 the supporting and ancilliary documents thereto,

24 unless a period of 30 days has passed after the receipt by

25 the Committee on Science, Space, and Technology of the
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1 House of Representatives and the Committee on Commerce,

2 Science, and Transportation of the Senate of notice given

3 by the Administrator containing a full and complete state4 ment of the action proposed to be taken and the facts and

5 circumstances relied upon in support of such proposed ac6 tion. The National Aeronautics and Space Administration

7 shall keep the Committee on Science, Space, and Technology

8 of the House of Representatives and the Committee on Com9 merce, Science, and Transportation of the Senate fully and

10 currently informed with respect to all activities and respon11 sibilities within the jurisdiction of those committees. Except

12 as otherwise provided by law, any Federal department,

13 agency, or independent establishment shall furnish any in14 formation requested by either committee relating to any

15 such activity or responsibility.

16 SEC. 115. LIMITATION ON OBLIGATION OF UNAUTHORIZED

17 APPROPRIATIONS.

18 (a) REPORTS TO CONGRESS.—Not later than 30 days

19 after the later of the date of enactment of an Act making

20 appropriations to the National Aeronautics and Space Ad21 ministration for fiscal year 1995 and the date of enactment

22 of this Act, and not later than 30 days after the date of

23 enactment of an Act making such appropriations for fiscal

24 year 1996, the Administrator shall submit a report to Con25 gress and to the Comptroller General which specifies—
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1 (1) the portion of such appropriations which are

2 for programs, projects, or activities not authorized

3 under subtitle A of this title, or which are in excess

4 of amounts authorized for the relevant program,

5 project, or activity under this Act; and

6 (2) the portion of such appropriations which are

7 authorized under this Act.

8 (b) FEDERAL REGISTER NOTICE.—The Administrator

9 shall, coincident with the submission of the report required

10 by subsection (a), publish in the Federal Register a notice

11 of all programs, projects, or activities for which funds are

12 appropriated but which were not authorized under this Act,

13 and solicit public comment thereon regarding the impact

14 of such programs, projects, or activities on the conduct and

15 effectiveness of the national aeronautics and space program.

16 (c) LIMITATION.—Notwithstanding any other provi17 sion of this Act, no funds may be obligated for any pro18 grams, projects, or activities of the National Aeronautics

19 and Space Administration for fiscal years 1995 and 1996

20 not authorized under this Act until 30 days have passed

21 after the close of the public comment period contained in

22 the notice required in subsection (b).
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1 SEC. 116. USE OF FUNDS FOR SCIENTIFIC CONSULTATIONS

2 OR EXTRAORDINARY EXPENSES.

3 Funds appropriated under section 102 may be used,

4 but not to exceed $35,000 per fiscal year, for scientific con5 sultations or extraordinary expenses upon the authority of

6 the Administrator.

7 SEC. 117. TERMINATION LIABILITY.

8 (a) AUTHORITY.—The Administrator may enter into

9 contracts for the Space Station program that are for periods

10 in excess of the period for which funds are available for

11 obligation, and may provide for payment for contingent li12 ability which may accrue in excess of available appropria13 tions in the event the Federal Government for its conven14 ience terminates such contracts.

15 (b) TERMINATION.—If funds are not available to con16 tinue any such contract, the contract shall be terminated

17 for the convenience of the Government, and the costs of ter18 mination of such contract shall be paid—

19 (1) first from appropriations originally available

20 for performance of the contract; and

21 (2) then from other unobligated appropriations

22 authorized for Human Space Flight under this Act,

23 or any subsequent Act, that the Chief Financial Offi24 cer of the National Aeronautics and Space Adminis25 tration determines are available for such purposes.
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1 SEC. 118. VOLUNTARY SEPARATION INCENTIVES.

2 The Administrator shall, to the maximum extent prac3 ticable, make voluntary separation incentive payments pur4 suant to the Federal Workforce Restructuring Act of 1994

5 (Public Law 103–226) to employees of the National Aero6 nautics and Space Administration from funds appro7 priated for fiscal year 1995 and available for such pay8 ments.

9 SEC. 119. LIMITATION ON TRANSFERS TO RUSSIA.

10 (a) LIMITATION.—No funds authorized to be appro11 priated to the National Aeronautics and Space Administra12 tion for fiscal year 1995 or 1996 may be paid or otherwise

13 transferred to Russia unless—

14 (1) the purpose of the payment or transfer is au15 thorized by this Act;

16 (2) the payment or transfer is made in exchange

17 for goods or services that have been provided to the

18 National Aeronautics and Space Administration in

19 accordance with a written agreement between the Na20 tional Aeronautics and Space Administration and

21 Russia;

22 (3) the Government of the Russian Federation

23 agrees to provide a monthly report to the National

24 Aeronautics and Space Administration during the

25 term of such written agreement, that fully accounts

26 for the disposition of the funds paid or transferred,
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1 including information with respect to the preceding

2 month on—

3 (A) the amount of the funds received, and

4 the date of receipt;

5 (B) the amount of the funds converted from

6 United States currency, the currency into which

7 the funds have been converted, and the date and

8 rate of conversion;

9 (C) the amount of non-United States cur10 rency, and of United States currency, that is dis11 bursed to any contractor or subcontractor, the

12 identity of such contractor or subcontractor, and

13 the date of disbursement; and

14 (D) the balance of the funds not disbursed

15 as of the date of the report;

16 (4) Russia has provided all monthly reports with

17 respect to which an agreement was made pursuant to

18 paragraph (3); and

19 (5) the President, before such payment or trans20 fer and annually upon submission of the President’s

21 budget request for fiscal years after fiscal year 1995,

22 has certified to the Congress that—

23 (A) the presence of any troops of the Rus24 sian Federation or the Commonwealth of Inde25 pendent States; and
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1 (B) any action by the Russian Federation

2 or the Commonwealth of Independent States,

3 in Estonia, Latvia, Lithuania, or any other inde4 pendent state of the former Soviet Union do not vio5 late the sovereignty of those independent states.

6 (b) DEFINITION.—For purposes of this section, the

7 term ‘‘Russia’’ means the Government of the Russian Fed8 eration, the Russian Space Agency, or any agency or in9 strumentality of the Government of the Russian Federation

10 or the Russian Space Agency.

11 SEC. 120. SPACE STATION SPENDING CAP.

12 The total amount of spending by the National Aero13 nautics Space Administration for the space station shall

14 not exceed $2,120,900,000 for fiscal year 1995 and

15 $2,122,100,000 for fiscal year 1996. The limitations in this

16 section shall not apply to amounts provided for payments

17 to Russia for phase I of the International Space Station

18 program.

19 SEC. 121. CONSORTIUM FOR INTERNATIONAL EARTH

20 SCIENCE INFORMATION NETWORK BUILDING.

21 The Consortium for International Earth Science Infor22 mation Network may not obligate more than $27,000,000

23 for the construction of a new building. Such funds may not

24 be obligated until 90 days after the completion of a building

25 prospectus by the General Services Administration.
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1 SEC. 122. LIMITATION ON APPROPRIATIONS.

2 Notwithstanding any other provision of this Act, no

3 funds are authorized to be appropriated for carrying out

4 the programs for which funds are authorized by this Act

5 for any fiscal year after fiscal year 1996.

6 TITLE II—MISCELLANEOUS

7 PROVISIONS

8 SEC. 201. COMMERCIAL SPACE LAUNCH AMENDMENTS.

9 (a) AMENDMENTS.—Chapter 701 of title 49, United

10 States Code, is amended—

11 (1) in the table of sections—

12 (A) by amending the item relating to sec13 tion 70104 to read as follows:

‘‘70104. Restrictions on launches, operations, and reentries.’’;

14 (B) by amending the item relating to sec15 tion 70108 to read as follows:

‘‘70108. Prohibition, suspension, and end of launches, operation of launch sites,

and reentries.’’;

16 (C) by amending the item relating to sec17 tion 70109 to read as follows:

‘‘70109. Preemption of scheduled launches or reentries.’’;

18 and

19 (D) by adding at the end the following new

20 item:

‘‘70120. Report to Congress.’’;

21 (2) in section 70102—
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1 (A) by inserting ‘‘from Earth’’ after ‘‘and

2 any payload’’ in paragraph (3);

3 (B) by redesignating paragraphs (10)

4 through (12) as paragraphs (12) through (14),

5 respectively; and

6 (C) by inserting after paragraph (9) the fol7 lowing new paragraphs:

8 ‘‘(10) ‘reenter’ and ‘reentry’ mean to return pur9 posefully, or attempt to return, a reentry vehicle and

10 payload, if any, from Earth orbit or outer space to

11 Earth.

12 ‘‘(11) ‘reentry vehicle’ means any vehicle de13 signed to return from Earth orbit or outer space to

14 Earth substantially intact.’’;

15 (3) in section 70104—

16 (A) by amending the section designation

17 and heading to read as follows:

18 ‘‘§ 70104. Restrictions on launches, operations, and re19 entries’’;

20 (B) by inserting ‘‘, or reenter a reentry ve21 hicle,’’ after ‘‘operate a launch site’’ each place

22 it appears in subsection (a);

23 (C) by inserting ‘‘or reentry’’ after ‘‘launch

24 or operation’’ in subsection (a)(3) and (4);

25 (D) in subsection (b)—
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1 (i) by striking ‘‘launch license’’ and

2 inserting in lieu thereof ‘‘license’’;

3 (ii) by inserting ‘‘or reenter’’ after

4 ‘‘may launch’’; and

5 (iii) by inserting ‘‘or reentering’’ after

6 ‘‘related to launching’’; and

7 (E) in subsection (c)—

8 (i) by amending the subsection heading

9 to read as follows: ‘‘PREVENTING LAUNCHES

10 OR REENTRIES.—’’;

11 (ii) by inserting ‘‘or reentry’’ after

12 ‘‘prevent the launch’’; and

13 (iii) by inserting ‘‘or reentry’’ after

14 ‘‘decides the launch’’;

15 (4) in section 70105—

16 (A) by inserting ‘‘, or reentry of a reentry

17 vehicle,’’ after ‘‘operation of a launch site’’ in

18 subsection (b)(1); and

19 (B) by striking ‘‘or operation’’ and insert20 ing in lieu thereof ‘‘, operation, or reentry’’ in

21 subsection (b)(2)(A);

22 (5) in section 70106(a)—

23 (A) by inserting ‘‘or reentry site’’ after ‘‘ob24 server at a launch site’’; and
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1 (B) by inserting ‘‘or reentry vehicle’’ after

2 ‘‘assemble a launch vehicle’’;

3 (6) in section 70108—

4 (A) by amending the section designation

5 and heading to read as follows:

6 ‘‘§ 70108. Prohibition, suspension, and end of

7 launches, operation of launch sites, and

8 reentries’’;

9 and

10 (B) in subsection (a)—

11 (i) by inserting ‘‘, or reentry of a re12 entry vehicle,’’ after ‘‘operation of a launch

13 site’’; and

14 (ii) by inserting ‘‘or reentry’’ after

15 ‘‘launch or operation’’;

16 (7) in section 70109—

17 (A) by amending the section designation

18 and heading to read as follows:

19 ‘‘§ 70109. Preemption of scheduled launches or reen20 tries’’;

21 (B) in subsection (a)—

22 (i) by inserting ‘‘or reentry’’ after ‘‘en23 sure that a launch’’;

24 (ii) by inserting ‘‘, reentry site,’’ after

25 ‘‘United States Government launch site’’;
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1 (iii) by inserting ‘‘or reentry date com2 mitment’’ after ‘‘launch date commitment’’;

3 (iv) by inserting ‘‘or reentry’’ after

4 ‘‘obtained for a launch’’;

5 (v) by inserting ‘‘, reentry site,’’ after

6 ‘‘access to a launch site’’;

7 (vi) by inserting ‘‘, or services related

8 to a reentry,’’ after ‘‘amount for launch

9 services’’; and

10 (vii) by inserting ‘‘or reentry’’ after

11 ‘‘the scheduled launch’’; and

12 (C) in subsection (c), by inserting ‘‘or re13 entry’’ after ‘‘prompt launching’’;

14 (8) in section 70110—

15 (A) by inserting ‘‘or reentry’’ after ‘‘prevent

16 the launch’’ in subsection (a)(2); and

17 (B) by inserting ‘‘, or reentry of a reentry

18 vehicle,’’ after ‘‘operation of a launch site’’ in

19 subsection (a)(3)(B);

20 (9) in section 70112—

21 (A) by inserting ‘‘or reentry’’ after ‘‘one

22 launch’’ in subsection (a)(3);

23 (B) by inserting ‘‘or reentry’’ after ‘‘launch

24 services’’ in subsection (a)(4);
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1 (C) by inserting ‘‘or a reentry’’ after

2 ‘‘launch services’’ each place it appears in sub3 section (b);

4 (D) by inserting ‘‘OR REENTRIES’’ after

5 ‘‘LAUNCHES’’ in the heading for subsection (e);

6 and

7 (E) by inserting ‘‘or reentry’’ after ‘‘launch

8 site’’ in subsection (e);

9 (10) in section 70113(a)(1) and (d)(1) and (2),

10 by inserting ‘‘or reentry’’ after ‘‘one launch’’ each

11 place it appears;

12 (11) in section 70115(b)(1)(D)(i)—

13 (A) by inserting ‘‘reentry site,’’ after

14 ‘‘launch site,’’; and

15 (B) by inserting ‘‘or reentry vehicle’’ after

16 ‘‘site of a launch vehicle’’;

17 (12) in section 70117—

18 (A) by inserting ‘‘or reenter a reentry vehi19 cle’’ after ‘‘operate a launch site’’ in subsection

20 (a);

21 (B) by inserting ‘‘or reentry’’ after ‘‘ap22 proval of a space launch’’ in subsection (d);

23 (C) in subsection (f)—

24 (i) by inserting ‘‘OR REENTRY’’ after

25 ‘‘LAUNCH’’ in the subsection heading;
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1 (ii) by inserting ‘‘, reentry vehicle,’’

2 after ‘‘A launch vehicle’’;

3 (iii) by inserting ‘‘or reentered’’ after

4 ‘‘that is launched’’; and

5 (iv) by inserting ‘‘or reentry’’ after

6 ‘‘the launch’’; and

7 (D) in subsection (g)—

8 (i) by inserting ‘‘reentry of a reentry

9 vehicle,’’ after ‘‘or launch site,’’ in para10 graph (1); and

11 (ii) by inserting ‘‘reentry,’’ after

12 ‘‘launch,’’ in paragraph (2);

13 (13) in section 70119, by inserting the following

14 after paragraph (2):

15 ‘‘There are authorized to be appropriated to the Secretary

16 of Transportation $6,060,000 to carry out this chapter for

17 fiscal year 1995.’’; and

18 (14) by adding at the end the following new sec19 tion:

20 ‘‘§ 70120. Report to Congress

21 ‘‘The Secretary of Transportation shall submit to Con22 gress an annual report to accompany the President’s budget

23 request that—

24 ‘‘(1) describes all activities undertaken under

25 this chapter, including a description of the process for
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1 the application for and approval of licenses under

2 this chapter and recommendations for legislation that

3 may further commercial launches and reentries; and

4 ‘‘(2) reviews the performance of the regulatory

5 activities and the effectiveness of the Office of Com6 mercial Space Transportation.’’.

7 (b) ADDITIONAL AMENDMENTS.—(1) Section 70105 of

8 title 49, United States Code, is amended—

9 (A) in subsection (a), by striking ‘‘receiving an

10 application’’ both places it appears and inserting in

11 lieu thereof ‘‘accepting an application in accordance

12 with subsection (b)(2)(D)’’;

13 (B) by striking ‘‘and’’ at the end of subsection

14 (b)(2)(B);

15 (C) by striking the period at the end of sub16 section (b)(2)(C) and inserting in lieu thereof ‘‘;

17 and’’; and

18 (D) by adding at the end of subsection (b)(2) the

19 following new subparagraph:

20 ‘‘(D) regulations establishing criteria for accept21 ing an application for a license under this chapter.’’.

22 (2) The amendment made by paragraph (1)(A) shall

23 take effect upon the effective date of final regulations issued

24 pursuant to section 70105(b)(2)(D) of title 49, United
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1 States Code, as added by paragraph (1)(D) of this sub2 section.

3 SEC. 202. OFFICE OF SPACE COMMERCE AUTHORIZATION.

4 There are authorized to be appropriated to the Sec5 retary of Commerce for the activities of the Office of Space

6 Commerce, $532,000 for fiscal year 1995.

7 SEC. 203. USE OF DOMESTIC PRODUCTS.

8 (a) GENERAL RULE.—Except as provided in sub9 section (b), the Administrator shall ensure that procure10 ments are conducted in compliance with sections 2 through

11 4 of the Act of March 3, 1933 (41 U.S.C. 10a through 10c,

12 popularly known as the ‘‘Buy American Act’’).

13 (b) LIMITATIONS.—This section shall apply only to

14 procurements made for which—

15 (1) amounts are authorized by this Act to be

16 made available; and

17 (2) solicitations for bids are issued after the date

18 of enactment of this Act.

19 (c) INAPPLICABILITY IN CASE OF VIOLATION OF

20 INTERNATIONAL AGREEMENT.—This section shall not apply

21 to the extent that the United States Trade Representative

22 determines that a procurement described in subsection (b)

23 would be in violation of the General Agreement on Tariffs

24 and Trade or an international agreement to which the

25 United States is a party.
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1 (d) PURCHASE OF AMERICAN MADE EQUIPMENT AND

2 PRODUCTS.—

3 (1) SENSE OF CONGRESS.—It is the sense of

4 Congress that any recipient of a grant under this Act,

5 or under any amendment made by this Act, should

6 purchase, when available and cost-effective, American

7 made equipment and products when expending grant

8 monies.

9 (2) NOTICE TO RECIPIENTS OF ASSISTANCE.—In

10 allocating grants under this Act, or under any

11 amendment made by this Act, the Secretary shall pro12 vide to each recipient a notice describing the state13 ment made in paragraph (1) by the Congress.

14 SEC. 204. REQUIREMENT FOR INDEPENDENT COST

15 ANALYSIS.

16 The Chief Financial Officer for the National Aero17 nautics and Space Administration shall be responsible for

18 conducting independent cost analyses of all new projects es19 timated to cost more than $5,000,000 and shall report the

20 results annually to Congress at the time of the submission

21 of the President’s budget request. In developing cost ac22 counting and reporting standards for carrying out this sec23 tion, the Chief Financial Officer shall, to the extent prac24 ticable and consistent with other laws, solicit the advice of
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1 expertise outside of the National Aeronautics and Space Ad2 ministration.

3 SEC. 205. GLOBAL CHANGE DATA AND INFORMATION

4 SYSTEM.

5 Title I of the Global Change Research Act of 1990 (15

6 U.S.C. 2931 et seq.) is amended by adding at the end the

7 following new section:

8 ‘‘SEC. 109. GLOBAL CHANGE DATA AND INFORMATION

9 SYSTEM.

10 ‘‘(a) The National Aeronautics and Space Administra11 tion, in coordination with other agencies that belong to the

12 Committee established under section 102, shall establish the

13 requirements and architecture for, design, and develop a

14 Global Change Data and Information System that shall

15 serve as the system to process, archive, and distribute data

16 generated by the Global Change Research Program.

17 ‘‘(b) The National Aeronautics and Space Administra18 tion shall design the Global Change Data and Information

19 System—

20 ‘‘(1) so that other Federal agencies may connect

21 data centers operated by such agencies to such Sys22 tem; and

23 ‘‘(2) so as to minimize, to the extent practicable,

24 the cost of connecting such data centers.
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1 ‘‘(c) Each agency involved in the Global Change Re2 search Program shall retain the responsibility to establish

3 and operate Global Change Data and Information System

4 data centers to process, archive, and distribute data gen5 erated by such agency’s programs. Agencies may agree to

6 assume the responsibility for processing, archiving, or dis7 tributing data generated by other agencies.’’.

8 SEC. 206. ACCESS TO CLASSIFIED DATA FOR GLOBAL

9 CHANGE RESEARCH.

10 The Committee on Environment and Natural Re11 sources shall develop and submit to the Congress within one

12 year after the date of enactment of this Act a plan for pro13 viding access to data from classified archives and systems

14 for global change research. The plan shall—

15 (1) determine whether the Global Change Data

16 and Information System or other means should be

17 used to provide access to such data for the scientific

18 community; and

19 (2) identify what agencies should be responsible

20 for particular parts of such data and any data cen21 ters needed to process, archive, and distribute such

22 data.
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1 SEC. 207. NATIONAL AERONAUTICS AND SPACE ACT OF 1958

2 AMENDMENTS.

3 (a) REPORTS TO THE CONGRESS.—Section 206(a) of

4 the National Aeronautics and Space Act of 1958 (42 U.S.C.

5 2476(a)) is amended—

6 (1) by striking ‘‘January’’ and inserting in lieu

7 thereof ‘‘May’’; and

8 (2) by striking ‘‘calendar’’ and inserting in lieu

9 thereof ‘‘fiscal’’.

10 (b) DISCLOSURE OF TECHNICAL DATA.—Section 303

11 of the National Aeronautics and Space Act of 1958 (42

12 U.S.C. 2454) is amended—

13 (1) in subsection (a)(C), by inserting ‘‘or (c)’’

14 after ‘‘subsection (b)’’; and

15 (2) by adding at the end the following new sub16 section:

17 ‘‘(c)(1) The Administration may delay for a period not

18 to exceed 5 years the unrestricted public disclosure of tech19 nical data in the possession of, or under the control of, the

20 Administration that has been generated in the performance

21 of experimental, developmental, or research activities or

22 programs funded jointly by the Administration and the pri23 vate sector.

24 ‘‘(2) The Administrator shall issue regulations to carry

25 out this subsection. Paragraph (1) shall not take effect until

26 such regulations are issued.
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1 ‘‘(3) Regulations issued pursuant to paragraph (2)

2 shall include—

3 ‘‘(A) guidelines for a determination of whether

4 data is technical data within the meaning of this sub5 section;

6 ‘‘(B) a requirement that a determination de7 scribed in subparagraph (A) that particular data is

8 technical data shall be reported to the Committee on

9 Science, Space, and Technology of the House of Rep10 resentatives and the Committee on Commerce,

11 Science, and Transportation of the Senate;

12 ‘‘(C) provisions to ensure that technical data is

13 available for dissemination within the United States

14 to United States persons and entities in furtherance

15 of the objective of maintaining leadership or competi16 tiveness in civil and governmental aeronautical and

17 space activities by the United States industrial base;

18 and

19 ‘‘(D) a specification of the period or periods for

20 which the delay in unrestricted public disclosure of

21 technical data is to apply to various categories of

22 such data, and the restrictions on disclosure of such

23 data during such period or periods, including a re24 quirement that the maximum 5-year protection under

25 this subsection shall not be provided unless at least 50
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1 percent of the funding for the activities or programs

2 is provided by the private sector.

3 ‘‘(4) Along with the initial publication of proposed reg4 ulations under paragraph (2), the Administrator shall in5 clude a list of those experimental, developmental, or re6 search activities or programs conducted by, or funded in

7 whole or in part by, the Administration that may result

8 in products or processes of significant value in maintaining

9 leadership or competitiveness in civil and governmental

10 aeronautical and space activities by the United States in11 dustrial base. Such list shall be updated biannually.

12 ‘‘(5) For purposes of this subsection, the term ‘tech13 nical data’ means any recorded information, including

14 computer software, that is or may be directly applicable

15 to the design, engineering, development, production, manu16 facture, or operation of products or processes that may have

17 significant value in maintaining leadership or competitive18 ness in civil and governmental aeronautical and space ac19 tivities by the United States industrial base.’’.

20 SEC. 208. COMPARATIVE ANALYSIS OF UNITED STATES AND

21 FOREIGN EXPENDABLE SPACE LAUNCH SYS22 TEMS.

23 The National Aeronautics and Space Administration

24 shall conduct a comprehensive study of the differences be25 tween existing United States and foreign expendable space
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1 launch vehicles. This study shall determine specific dif2 ferences in the design, manufacture, processing, and overall

3 management and infrastructure of current United States

4 and foreign expendable space launch vehicles. The study

5 shall also determine the approximate effect of these dif6 ferences on the relative cost, reliability, and operational effi7 ciency of such space launch systems. This study shall be

8 conducted in consultation with the Department of Defense

9 and, as appropriate, other Federal agencies, United States

10 industries, and institutions of higher education. The results

11 of this study shall be submitted to the Congress no later

12 than October 1, 1995.

13 SEC. 209. UNIVERSITY INNOVATIVE RESEARCH PROGRAM

14 STUDY.

15 (a) FINDINGS.—The Congress finds that—

16 (1) institutions of higher education offer a sig17 nificant resource for the conduct of innovative sci18 entific and technological research to advance the Na19 tional Aeronautics and Space Administration’s mis20 sion;

21 (2) the National Aeronautics and Space Admin22 istration should act to broaden the foundation of its

23 research base by increasing the direct involvement of

24 research laboratories of institutions of higher edu-
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1 cation in the development of technology for space

2 science;

3 (3) the National Aeronautics and Space Admin4 istration should commit to strengthening research

5 programs in technology of institutions of higher edu6 cation beyond contracting with institutions of higher

7 education for services in support of specific programs;

8 and

9 (4) the National Aeronautics and Space Admin10 istration should develop mechanisms to foster innova11 tive technological research at institutions of higher

12 education that do not participate in the University

13 Space Engineering Research Centers.

14 (b) STUDY.—The Administrator shall undertake a

15 study of the feasibility and potential implementation of a

16 University Innovative Research Program which—

17 (1) promotes technological innovation in the

18 United States by using the Nation’s institutions of

19 higher education to help meet the National Aero20 nautics and Space Administration’s research and de21 velopment needs, by stimulating technology transfer

22 between institutions of higher education and industry,

23 and by encouraging participation by minority and

24 disadvantaged persons in technological innovation;
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1 (2) is modeled on the Small Business Innovation

2 Research Program;

3 (3) avoids duplication of existing National Aero4 nautics and Space Administration programs with the

5 institutions of higher education; and

6 (4) derives funding from the Space Research and

7 Technology program.

8 (c) COMPLETION.—The study required by subsection

9 (b) shall be completed and its results submitted to the Con10 gress within one year after the date of enactment of this

11 Act.

12 (d) ADVICE.—In carrying out the study required by

13 subsection (b), the Administrator shall seek the advice of

14 the National Aeronautics and Space Administration Advi15 sory Council, the National Research Council’s Aeronautics

16 and Space Engineering Board and Space Studies Board,

17 and other organizations as appropriate.

18 SEC. 210. GEOGRAPHICAL DISTRIBUTION.

19 The National Aeronautics and Space Administration

20 shall give consideration to geographical distribution of its

21 research and development funds whenever feasible.

22 SEC. 211. ADDITIONAL NATIONAL AERONAUTICS AND

23 SPACE ADMINISTRATION FACILITIES.

24 (a) SELECTION IN DEPRESSED COMMUNITIES.—When

25 consistent with the goals of the National Aeronautics and
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1 Space Administration and cost-effective, the Administrator

2 shall select sites in depressed communities for new programs

3 or functions of the National Aeronautics and Space Admin4 istration, unless those new programs or functions are so

5 closely related to programs or functions carried out at an

6 existing facility as to require being carried out at that exist7 ing facility.

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

9 term ‘‘depressed communities’’ means rural and urban com10 munities that are relatively depressed, in terms of age of

11 housing, extent of poverty, growth of per capita income, ex12 tent of unemployment, job lag, or surplus labor.

13 SEC. 212. RECIPROCITY.

14 (a) GENERAL RULE.—Except as provided in sub15 section (b), no contract or subcontract may be made with

16 funds authorized under this Act to a company organized

17 under the laws of a foreign country unless the Adminis18 trator finds that such country affords comparable opportu19 nities to companies organized under the laws of the United

20 States.

21 (b) EXCEPTION.—(1) The Administrator may waive

22 the rule stated under subsection (a) if the products or serv23 ices required are not reasonably available from—

24 (A) companies organized under the laws of the

25 United States; or
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1 (B) companies organized under the laws of a for2 eign country which the Administrator finds affords

3 comparable opportunities to companies organized

4 under the laws of the United States.

5 Any such waiver shall be reported to the Congress.

6 (2) Subsection (a) shall not apply to the extent that

7 to do so would violate the General Agreement on Tariffs

8 and Trade or any other international agreement to which

9 the United States is a party.

10 SEC. 213. STUDY ON TDRSS AND COMMERCIAL SATELLITE

11 SYSTEM CONVERGENCE.

12 (a) REQUIREMENT.—The Administrator shall conduct

13 a study on the convergence of the National Aeronautics and

14 Space Administration Tracking and Data Relay Satellite

15 System (TDRSS) with commercial communications sat16 ellite systems. The study shall assess whether a converged

17 system, from which the National Aeronautics and Space

18 Administration would buy tracking and data relay services,

19 could—

20 (1) satisfy the National Aeronautics and Space

21 Administration’s tracking and data relay require22 ments;

23 (2) reduce the National Aeronautics and Space

24 Administration’s expenses in satisfying tracking and
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1 data relay requirements through maintenance and op2 erations of the TDRSS;

3 (3) be financed, developed, and operated by the

4 private sector;

5 (4) serve commercial communication needs;

6 (5) be established to satisfy the National Aero7 nautics and Space Administration’s requirements in

8 time to obviate the need to procure TDRSS spacecraft

9 beyond the tenth flight; and

10 (6) encourage the growth of the commercial sat11 ellite communications market.

12 (b) CONSULTATION.—In conducting the study, the Ad13 ministrator shall consult with commercial satellite opera14 tors, including the International Telecommunications Sat15 ellite Organization, other international satellite operators,

16 and United States satellite operators, as appropriate, and

17 shall also consult with the Department of Defense concern18 ing its requirements for tracking and data relay services.

19 (c) REPORT.—The Administrator shall report on the

20 study’s findings and recommendations on feasibility of con21 vergence to the Committee on Science, Space, and Tech22 nology of the House of Representatives and the Committee

23 on Commerce, Science, and Transportation of the Senate

24 by February 15, 1995.
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1 SEC. 214. STUDY ON CONVERGENCE OF GEOSAT AND EOS

2 ALTIMETRY PROGRAMS.

3 (a) REQUIREMENT.—The Administrator shall conduct

4 a study on the convergence of the National Aeronautics and

5 Space Administration Earth Observing System (EOS) Al6 timetry mission with the Navy Geosat Follow-On program.

7 The study shall assess whether a converged system, which

8 may involve minor modifications to the Geosat Follow-On

9 satellite, could—

10 (1) satisfy the needs of the Earth Observing Sys11 tem program for altimetry data;

12 (2) reduce the National Aeronautics and Space

13 Administration’s expenses in satisfying such needs;

14 (3) be available in time to serve as the follow-on

15 to the Topex/Poseidon mission; and

16 (4) continue to meet the Navy’s requirements for

17 altimetry data at no additional cost to the Navy.

18 (b) CONSULTATION.—In conducting the study, the Ad19 ministrator shall consult with the Navy and the scientific

20 community, as appropriate.

21 (c) REPORT.—The Administrator shall report on the

22 study’s findings and recommendations on the feasibility of

23 convergence to the Committee on Science, Space, and Tech24 nology of the House of Representatives and the Committee

25 on Commerce, Science, and Transportation of the Senate

26 by February 15, 1995.
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1 SEC. 215. SPACE SHUTTLE COST REDUCTION INITIATIVES.

2 By February 1, 1995, the Administrator shall submit

3 a report to the Committee on Science, Space, and Tech4 nology of the House of Representatives and the Committee

5 on Commerce, Science, and Transportation of the Senate

6 that—

7 (1) specifies the minimum number of Space

8 Shuttle flights that would be required each fiscal year

9 from 1995 through 2004 to implement payload and

10 related activities provided for in the President’s fiscal

11 year 1995 budget request and supporting and ancil12 lary documents thereto;

13 (2) outlines the Space Shuttle flight and payload

14 manifest that could be implemented for each of the fis15 cal years 1995 through 1999 if the Space Shuttle

16 flight rate for each of those years were 8 missions, if

17 the flight rate were 7 missions, and if the flight rate

18 were 6 missions;

19 (3) evaluates the extent to which various poten20 tial management consolidation initiatives could re21 duce the annual cost of the Space Shuttle program

22 while preserving quality and safety; and

23 (4) evaluates the extent to which various poten24 tial contract incentives could be used to reduce the

25 annual cost of the Space Shuttle program while pre26 serving quality and safety.
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1 SEC. 216. ADVANCED LAUNCH TECHNOLOGY PROGRAM.

2 (a) FUNDING POLICY.—The Administrator may use,

3 and is encouraged to use, any funds appropriated for Space

4 Shuttle operations, but not needed for such purposes because

5 of a reduction in annual operating costs, for an advanced

6 launch technology program, including the cost of technology

7 development, flight demonstrators, and procurement of

8 operational flight hardware.

9 (b) REPORT TO CONGRESS.—By February 1, 1995, the

10 Administrator shall submit to the Congress a program plan

11 for an advanced launch technology program that—

12 (1) clearly articulates the goals and objectives of

13 the program and the flight hardware it will produce;

14 (2) describes the management structure and de15 velopment philosophy that will be used to implement

16 the program;

17 (3) outlines key milestones toward the achieve18 ment of the goals and objectives articulated under

19 paragraph (1);

20 (4) estimates the total cost that will have been

21 incurred upon completion of the program;

22 (5) defines the annual budgetary requirements of

23 the program for the next 5 years; and

24 (6) identifies the source or sources of funding an25 ticipated for the program for each of the next 5 years,

26 including funds described in subsection (a).
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1 SEC. 217. LAND CONVEYANCE.

2 The Administrator may accept the conveyance to the

3 United States of certain parcels of land from the cities of

4 Cleveland and Brook Park, Ohio, for the purpose of estab5 lishing a Visitor Center for the Lewis Research Center.

6 SEC. 218. PROCUREMENT.

7 (a) PROCUREMENT DEMONSTRATION PROGRAM.—

8 (1) IN GENERAL.—The Administrator shall es9 tablish within the Office of Advanced Concepts and

10 Technology a program of expedited technology pro11 curement for the purpose of demonstrating how inno12 vative technology concepts can rapidly be brought to

13 bear upon space missions of the National Aeronautics

14 and Space Administration.

15 (2) PROCEDURES AND EVALUATION.—The Ad16 ministrator shall establish procedures for actively

17 seeking from nongovernment persons innovative tech18 nology concepts relating to the provision of space

19 hardware, technology, or services to the National Aer20 onautics and Space Administration, and for the eval21 uation of such concepts by the National Aeronautics

22 and Space Administration’s Advisory Council against

23 mission requirements.

24 (3) REQUIREMENT.—At least 2 percent of

25 amounts authorized to be appropriated under section

26 102(a)(4) for each fiscal year shall be used for inno-
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1 vative technology procurements that are determined

2 under paragraph (2) of this subsection to meet mis3 sion requirements.

4 (4) SPECIAL AUTHORITY.—In order to carry out

5 this subsection the Administrator shall recruit and

6 hire for limited term appointments persons from the

7 nongovernmental sector with special expertise and ex8 perience related to the innovative technology concepts

9 with respect to which procurements are made under

10 this subsection.

11 (5) SUNSET.—This subsection shall cease to be

12 effective 10 years after the date of its enactment.

13 (b) TECHNOLOGY PROCUREMENT INITIATIVE.—

14 (1) IN GENERAL.—The Administrator shall co15 ordinate National Aeronautics and Space Adminis16 tration resources in the areas of procurement, com17 mercial programs, and advanced technology in order

18 to—

19 (A) fairly assess and procure commercially

20 available technology from the marketplace in the

21 most efficient manner practicable;

22 (B) achieve a continuous pattern of inte23 grating advanced technology from the commer24 cial sector into the missions and programs of the

25 National Aeronautics and Space Administration;
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1 (C) incorporate private sector buying and

2 bidding procedures, including fixed price con3 tracts, into procurements; and

4 (D) provide incentives for cost-plus contrac5 tors of the National Aeronautics and Space Ad6 ministration to integrate commercially available

7 technology in subsystem contracts on a fixed8 price basis.

9 (2) CERTIFICATION.—Upon solicitation of any

10 procurement for space hardware, technology, or serv11 ices that are not commercially available, the Adminis12 trator shall certify, by publication of a notice and op13 portunity to comment in the Commerce Business

14 Daily, for each such procurement action, that no

15 functional equivalent, commercially available space

16 hardware, technology, or service exists and that no

17 commercial method of procurement is available.

18 SEC. 219. ADDITIONAL NATIONAL AERONAUTICS AND

19 SPACE ADMINISTRATION FACILITIES.

20 The Administrator shall not construct or enter into a

21 new lease for facilities to support National Aeronautics and

22 Space Administration programs unless the Administrator

23 has certified to the Congress that the Administrator has re24 viewed existing National Aeronautics and Space Adminis25 tration and other federally owned facilities, including mili-
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1 tary facilities scheduled for closing or reduction, and found

2 no such facilities appropriate for the intended use.

3 SEC. 220. SPACE STATION ACCOUNTING REPORT.

4 Within one year after the date of enactment of this

5 Act, and annually thereafter, the Administrator shall trans6 mit to the Congress a report with a complete annual ac7 counting of all costs of the space station, including cash

8 and other payments to Russia.

9 SEC. 221. PURCHASE OF SPACE SCIENCE DATA.

10 (a) IN GENERAL.—To the maximum extent possible,

11 the National Aeronautics and Space Administration shall

12 purchase from the private sector space science data. Exam13 ples of such data include scientific data concerning the ele14 mental and mineralogical resources of the moon and the

15 planets, Earth environmental data obtained through remote

16 sensing observations, and solar storm monitoring.

17 (b) COMPETITIVE BIDDING.—(1) Contracts for the

18 purchase of space data under this section shall be awarded

19 in a process of full, fair, and open competitive bidding.

20 (2) Submission of cost data, either for the purposes of

21 supporting the bid or fulfillment of the contract, shall not

22 be required of bidders.

23 (3) Conformance with military specifications

24 (Milspec) or National Aeronautics and Space Administra25 tion specifications systems with respect to the design, con-
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1 struction, or operation of equipment used in obtaining

2 space science data under contracts entered into under this

3 section shall not be a requirement for a commercial provider

4 bidding to provide such services.

5 (4) Contracts under this section shall not provide for

6 the Federal Government to obtain ownership of data not

7 specifically sought by the Federal Government.

8 SEC. 222. REMOTE SENSING FOR AGRICULTURAL AND RE9 SOURCE MANAGEMENT.

10 (a) FINDINGS.—The Congress finds that—

11 (1) the use of remote sensing data is potentially

12 a valuable resource to anticipate potential food, feed,

13 and fiber shortages or excesses, and provide this infor14 mation to the agricultural community in time to as15 sist farmers with planting decisions;

16 (2) remote sensing data can be useful to predict

17 impending famine problems and forest infestations in

18 time to allow remedial action;

19 (3) remote sensing data can inform the agricul20 tural community as to the condition of crops and the

21 land which sustains those crops;

22 (4) remote sensing data can be useful to allow

23 farmers to apply pesticides, nutrients, and water,

24 among other inputs, to farmlands in the exact

25 amounts necessary to maximize crop yield, thereby re-
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1 ducing agricultural costs and minimizing potential

2 harm to the environment;

3 (5) remote sensing data can be valuable, when

4 received on a timely basis, in determining the needs

5 of additional plantings of a particular crop or a sub6 stitute crop; and

7 (6) the National Aeronautics and Space Admin8 istration, using the expertise of the Earth Observa9 tions Commercialization Applications Program, and

10 the Department of Agriculture should work in tandem

11 to aid farmers to obtain data conducive to sound ag12 ricultural management and greater crop yields.

13 (b) INFORMATION DEVELOPMENT.—The Secretary of

14 Agriculture and the Administrator of the National Aero15 nautics and Space Administration, maximizing private

16 funding and involvement, shall provide farmers and other

17 interested persons with timely information, through remote

18 sensing, on crop conditions, fertilization and irrigation

19 needs, pest infiltration, soil conditions, projected food, feed,

20 and fiber production, and any other information available

21 through remote sensing.

22 (c) ENHANCED REMOTE SENSING PROGRAM.—(1) The

23 Secretary of Agriculture and the Administrator of the Na24 tional Aeronautics and Space Administration shall jointly

25 evaluate the need for a radar imaging platform that could
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1 enhance United States remote sensing capability by provid2 ing information and data relating to agricultural resources,

3 and which may have other commercial and research appli4 cations.

5 (2) In the event there is a finding of need for a plat6 form as set forth in paragraph (1), the Secretary of Agri7 culture and the Administrator of the National Aeronautics

8 and Space Administration shall jointly develop a proposal,

9 which maximizes private funding and involvement in the

10 launch and operation of such platform, and in the manage11 ment and dissemination of the data from such platform.

12 The Secretary and the Administrator shall jointly submit

13 the proposal, within 30 days of its development, to the Com14 mittee on Agriculture and the Committee on Science, Space,

15 and Technology of the House of Representatives, and to the

16 Committee on Agriculture, Nutrition, and Forestry and the

17 Committee on Commerce, Science, and Transportation of

18 the Senate.

19 (d) TRAINING.—The Secretary of Agriculture and the

20 Administrator of the National Aeronautics and Space Ad21 ministration shall jointly develop a proposal to inform

22 farmers and other prospective users concerning the use and

23 availability of remote sensing data.

24 (e) SUNSET.—The provisions of this section shall ex25 pire 5 years after the date of enactment of this Act.
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1 SEC. 223. COORDINATION OF EDUCATION SUPPORT FOR

2 UNDERREPRESENTED GROUPS.

3 The Administrator shall coordinate with other Federal

4 agencies all National Aeronautics and Space Administra5 tion education activities to encourage the participation of

6 women, minorities who are underrepresented in science, en7 gineering, and mathematics, and persons with disabilities.

8 SEC. 224. SPACE EXPLORATION OPPORTUNITIES ASSESS9 MENT.

10 (a) NATIONAL ACADEMY OF SCIENCES CONTRACT.—

11 The Administrator shall, to the extent provided in advance

12 in appropriations Acts, enter into a contract with the Na13 tional Academy of Sciences for the conduct of the assessment

14 described in subsection (b).

15 (b) SPACE EXPLORATION OPPORTUNITIES ASSESS16 MENT.—The contract entered into under subsection (a) shall

17 provide for an assessment of methods for maximizing, based

18 on a variety of prospective funding levels, the quantity and

19 quality of opportunities for space exploration, both human

20 and robotic, using space vehicles and platforms available

21 or expected to be available. Such assessment shall focus on

22 the 5-year period after the date of enactment of this Act,

23 and on each of the two subsequent 5-year periods. Such as24 sessment shall address opportunities in connection with ci25 vilian and military domestic, and foreign, space vehicles

26 and platforms, whether publicly or privately funded.
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1 (c) REPORT TO CONGRESS.—The Administrator shall,

2 within one year after the date of enactment of this Act, sub3 mit to Congress a report containing the results of the assess4 ment conducted under subsection (b).

5 SEC. 225. CATALOGUE OF EARTH-THREATENING COMETS

6 AND ASTEROIDS.

7 (a) REQUIREMENT.—To the extent practicable, the Na8 tional Aeronautics and Space Administration, in coordina9 tion with the Department of Defense and the space agencies

10 of other countries, shall identify and catalogue within 10

11 years the orbital characteristics of all comets and asteroids

12 that are greater than 1 kilometer in diameter and are in

13 an orbit around the sun that crosses the orbit of the Earth.

14 (b) PROGRAM PLAN.—By February 1, 1995, the Ad15 ministrator shall submit to the Congress a program plan,

16 including estimated budgetary requirements for fiscal years

17 1996 through 2000, to implement subsection (a).

18 TITLE III—REVISIONS TO LAND

19 REMOTE SENSING POLICY

20 ACT OF 1992

21 SEC. 301. AMENDMENTS.

22 The Land Remote Sensing Policy Act of 1992 (15

23 U.S.C. 5601 et seq.) is amended—

24 (1) by amending section 2(9) to read as follows:
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1 ‘‘(9) Because Landsat data are particularly im2 portant for global environmental change research, the

3 program should be managed by an integrated team

4 consisting of the National Aeronautics and Space Ad5 ministration and the National Oceanic and Atmos6 pheric Administration and coordinated by the Office

7 of Science and Technology Policy.’’;

8 (2) in sections 3(6)(A), 101 (a) and (b), 103(b),

9 and 504, by striking ‘‘Secretary of Defense’’ and in10 serting in lieu thereof ‘‘Secretary’’;

11 (3) in section 3(6)(B), by striking ‘‘Department

12 of Defense’’ and inserting in lieu thereof ‘‘Department

13 of Commerce’’;

14 (4) in section 101(b)(1), by striking ‘‘, with the

15 addition of a tracking and data relay satellite com16 munications capability’’;

17 (5) in section 101(b)(2), by striking all after

18 ‘‘baseline funding profile’’ and inserting in lieu there19 of ‘‘for the development and operational life of

20 Landsat 7 that is mutually acceptable to the agencies

21 constituting the Landsat Program Management;’’;

22 (6) in section 101(b), by inserting after para23 graph (4) the following:

24 ‘‘The Director of the Office of Science and Technology Pol25 icy shall, no later than October 1, 1994, transmit the man-
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1 agement plan to the Committee on Science, Space, and

2 Technology of the House of Representatives and the Com3 mittee on Commerce, Science, and Transportation of the

4 Senate.’’;

5 (7) in sections 101(c)(3), 202(b)(1), 501(a), and

6 502(c)(7), by striking ‘‘section 506’’ and inserting in

7 lieu thereof ‘‘section 507’’;

8 (8) in section 102(b)(1), by striking ‘‘by the ex9 pected end of the design life of Landsat 6’’ and insert10 ing in lieu thereof ‘‘by the predicted end of life of

11 Landsat 5, or as soon as practicable thereafter’’;

12 (9) in section 103(a), by striking ‘‘section 105’’

13 and inserting in lieu thereof ‘‘section 104’’;

14 (10) by adding at the end of section 103 the fol15 lowing new subsection:

16 ‘‘(c) IMPLEMENTATION OF AGREEMENT.—If negotia17 tions under subsection (a) result in an agreement that the

18 Landsat Program Management determines generally

19 achieves the goals stated in subsection (a) (1) through (8),

20 the Landsat Program Management shall award an exten21 sion, until the practical demise of Landsat 4 or Landsat

22 5, whichever occurs later, of the existing contract with the

23 Landsat 6 contractor incorporating the terms of such

24 agreement.’’;
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1 (11) by striking section 104 and redesignating

2 section 105 as section 104;

3 (12) in section 201(c)—

4 (A) by striking ‘‘120 days’’ and inserting in

5 lieu thereof ‘‘90 days’’; and

6 (B) by amending the second sentence thereof

7 to read as follows: ‘‘If the Secretary determines

8 that the license requested by the applicant should

9 not be issued, the Secretary shall inform the ap10 plicant within such 90-day period of the reasons

11 for such determination and the specific actions

12 required of the applicant to obtain a license.’’;

13 (13) in section 202(b)(6), by inserting ‘‘, other

14 than for the sale of data generated by the system in

15 accordance with the license, that’’ after ‘‘of any agree16 ment’’;

17 (14) in section 204, by striking ‘‘may’’ and in18 serting in lieu thereof ‘‘shall’’;

19 (15) by inserting at the end of title II the follow20 ing new section:

21 ‘‘SEC. 206. NOTIFICATION.

22 ‘‘(a) LIMITATIONS ON LICENSEE.—Within 30 days

23 after any determination by the Secretary to require a li24 censee to limit collection or distribution of data from a sys25 tem licensed pursuant to this title, the Secretary shall re-
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1 port to the Congress the reasons for such determination, the

2 limitations imposed on the licensee, and the period during

3 which such limitations apply.

4 ‘‘(b) TERMINATION, MODIFICATION, OR SUSPEN5 SION.—Within 30 days after any action by the Secretary

6 to seek an order of injunction or other judicial determina7 tion pursuant to section 203(a)(2), the Secretary shall no8 tify the Congress of such action and provide the reasons

9 for such action.’’;

10 (16) in section 302—

11 (A) by striking ‘‘(a) GENERAL RULE.—’’;

12 and

13 (B) by striking subsection (b); and

14 (17) in section 507, by striking subsection (a)

15 and subsection (b)(1) and inserting in lieu thereof the

16 following:

17 ‘‘(a) RESPONSIBILITY OF SECRETARY OF DEFENSE.—

18 The Secretary shall consult with the Secretary of Defense

19 on all matters under this Act affecting national security.

20 Within 30 days after receiving a request from the Secretary,

21 the Secretary of Defense shall recommend any conditions

22 for a license issued under title II, consistent with this Act,

23 that the Secretary of Defense determines are needed to pro24 tect the national security of the United States. If no such

25 recommendations have been received by the Secretary with-
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1 in such 30-day period, the Secretary may deem activities

2 proposed in the license application to be consistent with the

3 protection of the national security of the United States.

4 ‘‘(b) RESPONSIBILITY OF SECRETARY OF STATE.—(1)

5 The Secretary shall consult with the Secretary of State on

6 all matters under this Act affecting international obliga7 tions of the United States. Within 30 days after receiving

8 a request from the Secretary, the Secretary of State shall

9 recommend any conditions for a license issued under title

10 II, consistent with this Act, that the Secretary of State de11 termines are needed to meet existing international obliga12 tions of the United States. If no such recommendations have

13 been received by the Secretary within such 30-day period,

14 the Secretary may deem activities proposed in the license

15 application to be consistent with existing international ob16 ligations of the United States.’’.

17 TITLE IV—AERONAUTICAL

18 RESEARCH AND TECHNOLOGY

19 SEC. 401. FINDINGS.

20 The Congress finds that—

21 (1) the United States aeronautics industry has

22 provided a major contribution to the competitiveness

23 of the United States, and has accounted for over

24 $80,000,000,000 in annual sales and over

25 $20,000,000,000 in positive balance of trade;
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1 (2) the international market share of the United

2 States aeronautics industry has steadily eroded due to

3 competition from foreign consortia that receive sub4 stantial direct subsidies from their governments;

5 (3) the United States aeronautics industry has

6 been severely impacted by the reductions in defense

7 spending, leading to reduced levels of research and de8 velopment investment by industry;

9 (4) the foreign policy of the United States has

10 included maintaining United States competitiveness

11 and technology leadership in areas of strategic inter12 est, such as aeronautics, but United States aero13 nautics has not been addressed in United States for14 eign policy with the same emphasis as United States

15 international space endeavors;

16 (5) no effective means have been developed by

17 which the National Aeronautics and Space Adminis18 tration can accurately measure the contribution of its

19 research toward achieving United States competitive20 ness and maintaining technological leadership; and

21 (6) maintaining experimental state-of-the-art fa22 cilities has been a key investment to retaining United

23 States competitiveness and technological leadership,

24 and these facilities have been heavily utilized by
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1 United States industry in their research and develop2 ment programs.

3 SEC. 402. AERONAUTICS POLICY OF THE NATIONAL AERO4 NAUTICS AND SPACE ADMINISTRATION.

5 It is the policy of the United States that—

6 (1) improving the competitive capability of the

7 United States aeronautics industry shall be a fun8 damental goal of the aeronautical research and devel9 opment programs of the National Aeronautics and

10 Space Administration;

11 (2) the investment in aeronautics technology by

12 the National Aeronautics and Space Administration

13 shall be closely coordinated with United States

14 industry;

15 (3) the establishment of industry-led,

16 precompetitive consortia shall be encouraged to better

17 prioritize and coordinate the industry requirements

18 for advanced technologies and facilities;

19 (4) revitalizing national aeronautical facilities

20 shall be a major element of Federal investment in

21 aeronautical research and development; and

22 (5) industry and government cost-sharing for fa23 cilities construction and use shall be investigated to

24 achieve aeronautics research and technology goals

25 within a constrained Federal budget.
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1 SEC. 403. AMENDMENTS TO THE NATIONAL AERONAUTICS

2 AND SPACE ACT OF 1958.

3 (a) TECHNICAL CORRECTION AMENDMENT.—(1) Sec4 tion 214 of the National Aeronautics and Space Adminis5 tration Authorization Act, Fiscal Year 1989 is amended by

6 striking ‘‘(c)’’ both places it appears and inserting in lieu

7 thereof ‘‘(d)’’.

8 (2) The amendment made by paragraph (1) shall be

9 effective as of the date of enactment of the Act referred to

10 in paragraph (1).

11 (b) OBJECTIVES.—Section 102(d) of the National Aer12 onautics and Space Act of 1958 (42 U.S.C. 2451(d)) is

13 amended—

14 (1) by striking ‘‘and’’ at the end of paragraph

15 (8);

16 (2) by striking the period at the end of para17 graph (9) and inserting in lieu thereof a semicolon;

18 and

19 (3) by adding at the end the following new para20 graphs:

21 ‘‘(10) The economic growth, competitiveness, and

22 productivity of the Nation through close coordination

23 with industry in the conduct of innovative aero24 nautics technology validation and technology transfer

25 programs; and
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1 ‘‘(11) The improvement of the safety, capacity,

2 and efficiency of the United States air transportation

3 system through close coordination among the agencies

4 of the Federal Government.’’.

5 SEC. 404. AERONAUTICAL BASIC RESEARCH INVESTMENT

6 PLAN.

7 (a) PLAN.—The Administrator shall develop an aero8 nautical basic research investment plan which—

9 (1) describes the aeronautical basic research un10 derway within the United States, including a review

11 of the status of United States basic research in criti12 cal aeronautics disciplines including—

13 (A) aerodynamics;

14 (B) propulsion;

15 (C) materials and structures;

16 (D) controls, guidance, and human factors;

17 and

18 (E) flight systems;

19 (2) establishes goals and objectives for United

20 States aeronautical basic research to advance the crit21 ical disciplines required by United States industry

22 for such research;

23 (3) identifies the priorities for aeronautical basic

24 research required by industry to advance United

25 States long-term competitiveness;
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1 (4) describes the anticipated impact of aero2 nautical basic research on United States long-term

3 competitiveness;

4 (5) encourages the transfer of Government-devel5 oped technologies to the private sector to promote eco6 nomic strength and competitiveness; and

7 (6) identifies opportunities for aeronautical basic

8 research to be performed by minority-owned and

9 women-owned businesses within the aeronautical

10 basic research industry.

11 The Administrator shall annually update the plan, includ12 ing a report on progress in achieving the goals and objec13 tives identified pursuant to paragraph (2).

14 (b) INDEPENDENT EVALUATION.—The Administrator

15 shall submit the plan developed under subsection (a), and

16 all subsequent annual updates thereto, along with appro17 priate programmatic technical, schedule, and financial in18 formation, to the National Research Council of the National

19 Academy of Sciences for an independent evaluation of such

20 plan.

21 (c) TRANSMITTAL TO CONGRESS.—The Administrator

22 shall, along with the first annual budget request of the

23 President occurring more than 1 year after the date of en24 actment of this Act, transmit to the Congress the plan devel25 oped under subsection (a) and the results of the independent
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1 review conducted pursuant to subsection (b). Subsequent

2 annual updates to the plan and independent reviews thereof

3 shall be transmitted to the Congress along with subsequent

4 annual budget requests of the President.

5 SEC. 405. ROLE OF PROCUREMENT IN TECHNOLOGY IN6 VESTMENT.

7 The Administrator, in carrying out aeronautical re8 search and technology procurement, shall—

9 (1) promote the advancement of state-of-the-art

10 research and technologies;

11 (2) assess and procure, where appropriate, com12 mercially available technologies;

13 (3) where appropriate, use performance speci14 fications in procuring technologies; and

15 (4) reduce the paperwork requirements associated

16 with procurement.

17 SEC. 406. AERONAUTICAL TEST FACILITIES INITIATIVE.

18 (a) STRATEGY.—The President shall establish a strat19 egy to coordinate with domestic aeronautical companies to

20 establish the requirements of such companies and the Fed21 eral Government for aeronautical test facilities. The strat22 egy shall—

23 (1) define the capabilities of aeronautical test fa24 cilities required by domestic aeronautical companies

25 and the Federal Government over the next 30 years;
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1 (2) assess the impact to United States competi2 tiveness over the next 30 years resulting from the use

3 of a combination of domestic and foreign aeronautical

4 test facilities by domestic companies; and

5 (3) identify a funding method for procuring new

6 aeronautical test facilities which includes cost sharing

7 and risk sharing with domestic aeronautical compa8 nies, and which uses innovative financing schemes for

9 the construction and operation of such new facilities.

10 (b) TRANSMITTAL TO CONGRESS.—The strategy estab11 lished under subsection (a), along with anticipated budget

12 requirements over the next 10 years associated with imple13 menting the strategy, shall be transmitted to the Congress

14 no later than 6 months after the date of enactment of this

15 Act.

16 SEC. 407. JOINT AERONAUTICAL RESEARCH AND DEVELOP17 MENT PROGRAM.

18 (a) ESTABLISHMENT.—The Administrator and the

19 heads of other appropriate Federal agencies shall jointly es20 tablish a program for the purpose of conducting research

21 on aeronautical technologies that enhance United States

22 competitiveness. Such program shall include—

23 (1) research on next-generation wind tunnel and

24 advanced wind tunnel instrumentation technology;
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1 (2) research on advanced engine materials, en2 gine concepts, and testing of propulsion systems or

3 components of the high-speed civil transport research

4 program;

5 (3) advanced general aviation research;

6 (4) advanced rotorcraft research; and

7 (5) advanced hypersonic aeronautical research.

8 (b) CONTRACTS AND GRANTS.—Contracts and grants

9 entered into under the program established under subsection

10 (a) shall be administered using procedures developed jointly

11 by the Administrator and the heads of the other Federal

12 agencies involved in the program. These procedures should

13 include an integrated acquisition policy for contract and

14 grant requirements and for technical data rights that are

15 not an impediment to joint programs among the National

16 Aeronautics and Space Administration, the other Federal

17 agencies involved in the program, and industry.

18 (c) ELEMENTS OF PROGRAM.—The program estab19 lished under subsection (a) shall include—

20 (1) selected programs that jointly enhance public

21 and private aeronautical technology development;

22 (2) an opportunity for private contractors to be

23 involved in such technology research and development;

24 and
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1 (3) the transfer of Government-developed tech2 nologies to the private sector to promote economic

3 strength and competitiveness.

4 SEC. 408. HYPERSONIC RESEARCH INITIATIVE.

5 The Administrator shall conduct a study, through an

6 organization not a part of the National Aeronautics and

7 Space Administration, of strategies that would optimize the

8 Hypersonic System Technology Program by integrating

9 with the rocket-based hypersonic fight test experiments the

10 necessary development program which would achieve a sin11 gle-stage hypersonic research vehicle capable of Mach 15 or

12 greater, in the shortest possible time frame. The objective

13 of a program developed under the strategies identified

14 through such study would be the development of a single

15 stage to orbit air breathing aircraft. The Administrator

16 shall report the results of the study to Congress no later

17 than 6 months after the date of enactment of this Act.

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