103D CONGRESS

2D SESSION H. R. 4489

AN ACT

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,

3 SECTION 1. SHORT TITLE.

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

5 and Space Administration Authorization and Space Policy

6 Act, Fiscal Year 1995’’.
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1 SEC. 2. FINDINGS.

2 The Congress finds that—

3 (1) the National Aeronautics and Space Admin4 istration will require a stable budget, adjusted for

5 inflation, in order to carry out the initiatives now

6 planned in human space flight and science, aero7 nautics, and technology;

8 (2) cooperation in space should continue to be

9 a major element of the post-cold war foreign policy

10 agenda through a broad range of scientific and engi11 neering programs that have the potential to stabilize

12 the scientific and industrial base of the former So13 viet Union and encourage the transition toward po14 litical reform and a market-based economy;

15 (3) the National Aeronautics and Space Admin16 istration should aggressively pursue actions and re17 forms directed at reducing institutional costs, includ18 ing management restructuring, facility consolidation,

19 procurement reform, personnel base downsizing, and

20 convergence with other defense and private sector

21 systems; and

22 (4) in formulating a national space transpor23 tation policy, the National Aeronautics and Space

24 Administration should take the lead role in develop25 ing advanced space transportation technologies in-
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1 cluding reusable space vehicles, single-stage-to-orbit

2 vehicles, and manned space systems.

3 SEC. 3. DEFINITIONS.

4 For purposes of this Act—

5 (1) the term ‘‘Administrator’’ means the Ad6 ministrator of the National Aeronautics and Space

7 Administration; and

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

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

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

11 1141(a)).

12 TITLE I—AUTHORIZATION OF

13 APPROPRIATIONS

14 Subtitle A—Authorizations

15 SEC. 101. AUTHORIZATIONS.

16 (a) AUTHORIZATIONS.—There are authorized to the

17 National Aeronautics and Space Administration for

18 Human Space Flight, Science, Aeronautics, and Tech19 nology, Mission Support, and Inspector General, such

20 amounts as may be appropriated for fiscal year 1995.

21 (b) OPERATING PLAN.—(1) Not later than 60 days

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

23 appropriations to the National Aeronautics and Space Ad24 ministration for fiscal year 1995 or the date of enactment

25 of this Act, the Administrator shall submit to the Commit-
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1 tee on Science, Space, and Technology of the House of

2 Representatives and the Committee on Commerce,

3 Science, and Transportation of the Senate an operating

4 plan that provides a detailed plan for obligating fiscal year

5 1995 funds.

6 (2) To the maximum extent practicable, and except

7 to the extent inconsistent with an appropriations Act, the

8 operating plan required under paragraph (1) shall reflect

9 the recommended authorizations set forth in Report No.

10 103–654 of the House of Representatives.

11 SEC. 102. SPECIAL PROVISIONS AND LIMITATIONS.

12 (a) GLOBAL OBSERVATIONS TO BENEFIT THE ENVI13 RONMENT.—Beginning in fiscal year 1996, amounts ap14 propriated for the Global Observations to Benefit the En15 vironment, or any other program established to perform

16 substantially the same functions, may be obligated only

17 to the extent that an equal or greater amount of non-Fed18 eral funding is provided for such program.

19 (b) SMALL SPACECRAFT TECHNOLOGY INITIATIVE.—

20 No funds authorized to be appropriated under this Act

21 may be obligated for the Small Spacecraft Technology Ini22 tiative—

23 (1) to duplicate private sector activities or to

24 fund any activities that a private sector entity is

25 proposing to carry out for commercial purposes; or
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1 (2) for projects that are initiated after the date

2 of enactment of this Act unless such projects require

3 cost-sharing by industry at levels consistent with

4 comparable joint Government-industry advanced

5 technology development programs.

6 (c) SCIENTIFIC COOPERATION WITH RUSSIA.—

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

8 Congress that the National Aeronautics and Space

9 Administration should seek, to the maximum extent

10 practicable, to undertake joint scientific activities

11 with Russia with an initial focus on the robotic ex12 ploration of Mars. Such joint scientific activities may

13 include other spacefaring nations, as appropriate.

14 (2) MARS TRANSITION PLAN.—The Adminis15 trator shall provide to the Congress by February 15,

16 1995, a detailed plan for the transition of the Mars

17 Surveyor program to an integrated Mars exploration

18 program with Russia and other spacefaring nations,

19 as appropriate.

20 (d) VISITORS CENTER.—To the extent provided in

21 advance in appropriations Acts, all unobligated funds

22 available to the Administrator from appropriations for fis23 cal years before fiscal year 1995, but not to exceed

24 $5,000,000, may be obligated for the establishment of a

25 Visitor Center for the Lewis Research Center, if at least—
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1 (1) an equal amount of funding;

2 (2) in-kind resources of equivalent value; or

3 (3) a combination thereof,

4 are provided for such purpose from non-Federal sources.

5 Subtitle B—Limitations and

6 Special Authority

7 SEC. 111. USE OF FUNDS FOR CONSTRUCTION.

8 (a) AUTHORIZED USES.—Funds appropriated pursu9 ant to subtitle A for purposes other than—

10 (1) construction of facilities;

11 (2) research and program management, exclud12 ing research operations support; and

13 (3) Inspector General,

14 may be used for the construction of new facilities and ad15 ditions to, repair of, rehabilitation of, or modification of

16 existing facilities at any location in support of the pur17 poses for which such funds are authorized.

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

19 to subsection (a) may be expended for a project, the esti20 mated cost of which to the National Aeronautics and

21 Space Administration, including collateral equipment, ex22 ceeds $500,000, until 30 days have passed after the Ad23 ministrator has notified the Committee on Science, Space,

24 and Technology of the House of Representatives and the

25 Committee on Commerce, Science, and Transportation of
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1 the Senate of the nature, location, and estimated cost to

2 the National Aeronautics and Space Administration of

3 such project.

4 (c) TITLE TO FACILITIES.—If funds are used pursu5 ant to subsection (a) for grants to institutions of higher

6 education, or to nonprofit organizations whose primary

7 purpose is the conduct of scientific research, for purchase

8 or construction of additional research facilities, title to

9 such facilities shall be vested in the United States unless

10 the Administrator determines that the national program

11 of aeronautical and space activities will best be served by

12 vesting title in the grantee institution or organization.

13 Each such grant shall be made under such conditions as

14 the Administrator shall determine to be required to ensure

15 that the United States will receive therefrom benefits ade16 quate to justify the making of that grant.

17 SEC. 112. AVAILABILITY OF APPROPRIATED AMOUNTS.

18 To the extent provided in appropriations Acts, appro19 priations authorized under subtitle A may remain avail20 able without fiscal year limitation.

21 SEC. 113. REPROGRAMMING FOR CONSTRUCTION OF FA22 CILITIES.

23 (a) IN GENERAL.—Amounts appropriated pursuant

24 to subtitle A for a construction of facilities project—
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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

4 meet unusual cost variations, after the expiration of

5 15 days following a report on the circumstances of

6 such action by the Administrator to the Committee

7 on Science, Space, and Technology of the House of

8 Representatives and the Committee on Commerce,

9 Science, and Transportation of the Senate.

10 (b) SPECIAL RULE.—Where the Administrator deter11 mines that new developments in the national program of

12 aeronautical and space activities have occurred; and that

13 such developments require the use of additional funds for

14 the purposes of construction, expansion, or modification

15 of facilities at any location; and that deferral of such ac16 tion until the enactment of the next National Aeronautics

17 and Space Administration Authorization Act would be in18 consistent with the interest of the Nation in aeronautical

19 and space activities, the Administrator may use for such

20 purposes up to $10,000,000 of the amounts appropriated

21 pursuant to subtitle A for construction of facilities pur22 poses. No such funds may be obligated until a period of

23 30 days has passed after the Administrator has transmit24 ted to the Committee on Commerce, Science, and Trans25 portation of the Senate and the Committee on Science,
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1 Space, and Technology of the House of Representatives

2 a written report describing the nature of the construction,

3 its costs, and the reasons therefor.

4 SEC. 114. CONSIDERATION BY COMMITTEES.

5 Notwithstanding any other provision of this Act—

6 (1) no amount appropriated to the National

7 Aeronautics and Space Administration may be used

8 for any program for which the President’s annual

9 budget request included a request for funding, but

10 for which the Congress denied or did not provide

11 funding; and

12 (2) no amount appropriated to the National

13 Aeronautics and Space Administration may be used

14 for any program which has not been presented to

15 the Congress in the President’s annual budget re16 quest or the supporting and ancilliary documents

17 thereto,

18 unless a period of 30 days has passed after the receipt

19 by the Committee on Science, Space, and Technology of

20 the House of Representatives and the Committee on Com21 merce, Science, and Transportation of the Senate of notice

22 given by the Administrator containing a full and complete

23 statement of the action proposed to be taken and the facts

24 and circumstances relied upon in support of such proposed

25 action. The National Aeronautics and Space Administra-
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1 tion shall keep 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 fully and currently informed with respect to all ac5 tivities and responsibilities within the jurisdiction of those

6 committees. Except as otherwise provided by law, any

7 Federal department, agency, or independent establishment

8 shall furnish any information requested by either commit9 tee relating to any such activity or responsibility.

10 SEC. 115. USE OF FUNDS FOR SCIENTIFIC CONSULTATIONS

11 OR EXTRAORDINARY EXPENSES.

12 Funds appropriated pursuant to subtitle A for Mis13 sion Support may be used, but not to exceed $35,000, for

14 scientific consultations or extraordinary expenses upon the

15 authority of the Administrator.

16 SEC. 116. VOLUNTARY SEPARATION INCENTIVES.

17 The Administrator shall, to the maximum extent

18 practicable, make voluntary separation incentive payments

19 pursuant to the Federal Workforce Restructuring Act of

20 1994 (Public Law 103–226) to employees of the National

21 Aeronautics and Space Administration from funds appro22 priated for fiscal year 1995 and available for such pay23 ments.
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1 SEC. 117. LIMITATION ON TRANSFERS TO RUSSIA.

2 (a) LIMITATION.—No funds authorized to be appro3 priated to the National Aeronautics and Space Adminis4 tration for fiscal year 1995 may be paid or otherwise

5 transferred to Russia unless—

6 (1) the payment or transfer is made in ex7 change for goods or services that have been provided

8 to the National Aeronautics and Space Administra9 tion in accordance with a written agreement between

10 the National Aeronautics and Space Administration

11 and Russia;

12 (2) the Government of the Russian Federation

13 agrees to provide a monthly report to the National

14 Aeronautics and Space Administration during the

15 term of such written agreement, that fully accounts

16 for the disposition of the funds paid or transferred,

17 including information with respect to the preceding

18 month on—

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

20 the date of receipt;

21 (B) the amount of the funds converted

22 from United States currency, the currency into

23 which the funds have been converted, and the

24 date and rate of conversion;

25 (C) the amount of non-United States cur26 rency, and of United States currency, that is
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1 disbursed to any contractor or subcontractor,

2 the identity of such contractor or subcontractor,

3 and the date of disbursement; and

4 (D) the balance of the funds not disbursed

5 as of the date of the report;

6 (3) Russia has provided all monthly reports

7 with respect to which an agreement was made pur8 suant to paragraph (2); and

9 (4) the President, before such payment or

10 transfer and annually upon submission of the Presi11 dent’s budget request for fiscal years after fiscal

12 year 1995, has certified to the Congress that—

13 (A) the presence of any troops of the Rus14 sian Federation or the Commonwealth of Inde15 pendent States; and

16 (B) any action by the Russian Federation

17 or the Commonwealth of Independent States,

18 in Estonia, Latvia, Lithuania, or any other inde19 pendent state of the former Soviet Union do not vio20 late the sovereignty of those independent states.

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

22 term ‘‘Russia’’ means the Government of the Russian

23 Federation, the Russian Space Agency, or any agency or

24 instrumentality of the Government of the Russian Federa25 tion or the Russian Space Agency.
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1 SEC. 118. SPACE STATION SPENDING CAP.

2 The total amount of spending by the National Aero3 nautics Space Administration for the space station shall

4 not exceed $2,120,900,000 for fiscal year 1995. The limi5 tation in this section shall not apply to amounts provided

6 for payments to Russia for phase I of the International

7 Space Station program.

8 SEC. 119. CONSORTIUM FOR INTERNATIONAL EARTH

9 SCIENCE INFORMATION NETWORK BUILDING.

10 The Consortium for International Earth Science In11 formation Network may not obligate more than

12 $27,000,000 for the construction of a new building. Such

13 funds may not be obligated until 90 days after the comple14 tion of a building prospectus by the General Services Ad15 ministration.

16 SEC. 120. LIMITATION ON APPROPRIATIONS.

17 Notwithstanding any other provision of this Act, no

18 funds are authorized to be appropriated for carrying out

19 the programs for which funds are authorized by this Act

20 for any fiscal year after fiscal year 1995.

21 TITLE II—MISCELLANEOUS

22 PROVISIONS

23 SEC. 201. COMMERCIAL SPACE LAUNCH AMENDMENTS.

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

25 States Code, is amended—

26 (1) in the table of sections—
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1 (A) by amending the item relating to sec2 tion 70104 to read as follows:

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

3 (B) by amending the item relating to sec4 tion 70108 to read as follows:

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

and reentries.’’;

5 (C) by amending the item relating to sec6 tion 70109 to read as follows:

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

7 and

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

9 item:

‘‘Sec. 70120. Report to Congress.’’;

10 (2) in section 70102—

11 (A) by inserting ‘‘from Earth’’ after ‘‘and

12 any payload’’ in paragraph (3);

13 (B) by redesignating paragraphs (10)

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

15 respectively; and

16 (C) by inserting after paragraph (9) the

17 following new paragraphs:

18 ‘‘(10) ‘reenter’ and ‘reentry’ mean to return

19 purposefully, or attempt to return, a reentry vehicle

20 and payload, if any, from Earth orbit or outer space

21 to Earth.
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1 ‘‘(11) ‘reentry vehicle’ means any vehicle de2 signed to return from Earth orbit or outer space to

3 Earth substantially intact.’’;

4 (3) in section 70104—

5 (A) by amending the section designation

6 and heading to read as follows:

7 ‘‘§ 70104. Restrictions on launches, operations, and

8 reentries’’;

9 (B) by inserting ‘‘, or reenter a reentry ve10 hicle,’’ after ‘‘operate a launch site’’ each place

11 it appears in subsection (a);

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

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

14 (D) in subsection (b)—

15 (i) by striking ‘‘launch license’’ and

16 inserting in lieu thereof ‘‘license’’;

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

18 ‘‘may launch’’; and

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

20 ‘‘related to launching’’; and

21 (E) in subsection (c)—

22 (i) by amending the subsection head23 ing to read as follows: ‘‘PREVENTING

24 LAUNCHES OR REENTRIES.—’’;
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1 (ii) by inserting ‘‘or reentry’’ after

2 ‘‘prevent the launch’’; and

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

4 ‘‘decides the launch’’;

5 (4) in section 70105—

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

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

8 subsection (b)(1); and

9 (B) by striking ‘‘or operation’’ and insert10 ing in lieu thereof ‘‘, operation, or reentry’’ in

11 subsection (b)(2)(A);

12 (5) in section 70106(a)—

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

14 ‘‘observer at a launch site’’; and

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

16 ‘‘assemble a launch vehicle’’;

17 (6) in section 70108—

18 (A) by amending the section designation

19 and heading to read as follows:

20 ‘‘§ 70108. Prohibition, suspension, and end of

21 launches, operation of launch sites, and

22 reentries’’;

23 and

24 (B) in subsection (a)—
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1 (i) by inserting ‘‘, or reentry of a re2 entry vehicle,’’ after ‘‘operation of a launch

3 site’’; and

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

5 ‘‘launch or operation’’;

6 (7) in section 70109—

7 (A) by amending the section designation

8 and heading to read as follows:

9 ‘‘§ 70109. Preemption of scheduled launches or reen10 tries’’;

11 (B) in subsection (a)—

12 (i) by inserting ‘‘or reentry’’ after

13 ‘‘ensure that a launch’’;

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

15 ‘‘United States Government launch site’’;

16 (iii) by inserting ‘‘or reentry date

17 commitment’’ after ‘‘launch date commit18 ment’’;

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

20 ‘‘obtained for a launch’’;

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

22 ‘‘access to a launch site’’;

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

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

25 services’’; and
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1 (vii) by inserting ‘‘or reentry’’ after

2 ‘‘the scheduled launch’’; and

3 (C) in subsection (c), by inserting ‘‘or re4 entry’’ after ‘‘prompt launching’’;

5 (8) in section 70110—

6 (A) by inserting ‘‘or reentry’’ after ‘‘pre7 vent the launch’’ in subsection (a)(2); and

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

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

10 subsection (a)(3)(B);

11 (9) in section 70112—

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

13 launch’’ in subsection (a)(3);

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

15 services’’ in subsection (a)(4);

16 (C) by inserting ‘‘or a reentry’’ after

17 ‘‘launch services’’ each place it appears in sub18 section (b);

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

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

21 and

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

23 site’’ in subsection (e);
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1 (10) in section 70113(a)(1) and (d)(1) and (2),

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

3 place it appears;

4 (11) in section 70115(b)(1)(D)(i)—

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

6 ‘‘launch site,’’; and

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

8 ‘‘site of a launch vehicle’’;

9 (12) in section 70117—

10 (A) by inserting ‘‘or reenter a reentry vehi11 cle’’ after ‘‘operate a launch site’’ in subsection

12 (a);

13 (B) by inserting ‘‘or reentry’’ after ‘‘ap14 proval of a space launch’’ in subsection (d);

15 (C) in subsection (f)—

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

17 ‘‘LAUNCH’’ in the subsection heading;

18 (ii) by inserting ‘‘, reentry vehicle,’’

19 after ‘‘A launch vehicle’’;

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

21 ‘‘that is launched’’; and

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

23 ‘‘the launch’’; and

24 (D) in subsection (g)—
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1 (i) by inserting ‘‘reentry of a reentry

2 vehicle,’’ after ‘‘or launch site,’’ in para3 graph (1); and

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

5 ‘‘launch,’’ in paragraph (2);

6 (13) in section 70119, by inserting the follow7 ing after paragraph (2):

8 ‘‘There are authorized to the Secretary of Transportation

9 such amounts as may be appropriated to carry out this

10 chapter for fiscal year 1995.’’; and

11 (14) by adding at the end the following new

12 section:

13 ‘‘§ 70120. Report to Congress

14 ‘‘The Secretary of Transportation shall submit to

15 Congress an annual report to accompany the President’s

16 budget request that—

17 ‘‘(1) describes all activities undertaken under

18 this chapter, including a description of the process

19 for the application for and approval of licenses under

20 this chapter and recommendations for legislation

21 that may further commercial launches and reentries;

22 and

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

24 activities and the effectiveness of the Office of Com25 mercial Space Transportation.’’.
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1 (b) ADDITIONAL AMENDMENTS.—(1) Section 70105

2 of title 49, United States Code, is amended—

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

4 application’’ both places it appears and inserting in

5 lieu thereof ‘‘accepting an application in accordance

6 with subsection (b)(2)(D)’’;

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

8 (b)(2)(B);

9 (C) by striking the period at the end of sub10 section (b)(2)(C) and inserting in lieu thereof ‘‘;

11 and’’; and

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

13 the following new subparagraph:

14 ‘‘(D) regulations establishing criteria for ac15 cepting an application for a license under this chap16 ter.’’.

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

18 take effect upon the effective date of final regulations is19 sued pursuant to section 70105(b)(2)(D) of title 49, Unit20 ed States Code, as added by paragraph (1)(D) of this sub21 section.

22 SEC. 202. OFFICE OF SPACE COMMERCE AUTHORIZATION.

23 There are authorized to the Secretary of Commerce

24 such amounts as may be appropriated for the activities

25 of the Office of Space Commerce for fiscal year 1995.
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1 SEC. 203. USE OF DOMESTIC PRODUCTS.

2 (a) GENERAL RULE.—Except as provided in sub3 section (b), the Administrator shall ensure that procure4 ments are conducted in compliance with sections 2

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

6 through 10c, popularly known as the ‘‘Buy American

7 Act’’).

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

9 procurements made for which—

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

11 made available; and

12 (2) solicitations for bids are issued after the

13 date of enactment of this Act.

14 (c) INAPPLICABILITY IN CASE OF VIOLATION OF

15 INTERNATIONAL AGREEMENT.—This section shall not

16 apply to the extent that the United States Trade Rep17 resentative determines that a procurement described in

18 subsection (b) would be in violation of the General Agree19 ment on Tariffs and Trade or an international agreement

20 to which the United States is a party.

21 (d) PURCHASE OF AMERICAN MADE EQUIPMENT

22 AND PRODUCTS.—

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

24 Congress that any recipient of a grant under this

25 Act, or under any amendment made by this Act,

26 should purchase, when available and cost-effective,
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1 American made equipment and products when ex2 pending grant monies.

3 (2) NOTICE TO RECIPIENTS OF ASSISTANCE.—

4 In allocating grants under this Act, or under any

5 amendment made by this Act, the Secretary shall

6 provide to each recipient a notice describing the

7 statement made in paragraph (1) by the Congress.

8 SEC. 204. REQUIREMENT FOR INDEPENDENT COST

9 ANALYSIS.

10 The Chief Financial Officer for the National Aero11 nautics and Space Administration shall be responsible for

12 conducting independent cost analyses of all new projects

13 estimated to cost more than $5,000,000 and shall report

14 the results annually to Congress at the time of the submis15 sion of the President’s budget request. In developing cost

16 accounting and reporting standards for carrying out this

17 section, the Chief Financial Officer shall, to the extent

18 practicable and consistent with other laws, solicit the ad19 vice of expertise outside of the National Aeronautics and

20 Space Administration.

21 SEC. 205. GLOBAL CHANGE DATA AND INFORMATION

22 SYSTEM.

23 Title I of the Global Change Research Act of 1990

24 (15 U.S.C. 2931 et seq.) is amended by adding at the end

25 the following new section:
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1 ‘‘SEC. 109. GLOBAL CHANGE DATA AND INFORMATION

2 SYSTEM.

3 ‘‘(a) The National Aeronautics and Space Adminis4 tration, in coordination with other agencies that belong to

5 the Committee established under section 102, shall estab6 lish the requirements and architecture for, design, and de7 velop a Global Change Data and Information System that

8 shall serve as the system to process, archive, and distrib9 ute data generated by the Global Change Research Pro10 gram.

11 ‘‘(b) The National Aeronautics and Space Adminis12 tration shall design the Global Change Data and Informa13 tion System—

14 ‘‘(1) so that other Federal agencies may con15 nect data centers operated by such agencies to such

16 System; and

17 ‘‘(2) so as to minimize, to the extent prac18 ticable, the cost of connecting such data centers.

19 ‘‘(c) Each agency involved in the Global Change Re20 search Program shall retain the responsibility to establish

21 and operate Global Change Data and Information System

22 data centers to process, archive, and distribute data gen23 erated by such agency’s programs. Agencies may agree to

24 assume the responsibility for processing, archiving, or dis25 tributing data generated by other agencies.’’.
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1 SEC. 206. ACCESS TO CLASSIFIED DATA FOR GLOBAL

2 CHANGE RESEARCH.

3 The Committee on Environment and Natural Re4 sources shall develop and submit to the Congress within

5 one year after the date of enactment of this Act a plan

6 for providing access to data from classified archives and

7 systems for global change research. The plan shall—

8 (1) determine whether the Global Change Data

9 and Information System or other means should be

10 used to provide access to such data for the scientific

11 community; and

12 (2) identify what agencies should be responsible

13 for particular parts of such data and any data cen14 ters needed to process, archive, and distribute such

15 data.

16 SEC. 207. NATIONAL AERONAUTICS AND SPACE ACT OF 1958

17 AMENDMENTS.

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

19 the National Aeronautics and Space Act of 1958 (42

20 U.S.C. 2476(a)) is amended—

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

22 thereof ‘‘May’’; and

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

24 thereof ‘‘fiscal’’.
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1 (b) DISCLOSURE OF TECHNICAL DATA.—Section 303

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

3 U.S.C. 2454) is amended—

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

5 after ‘‘subsection (b)’’; and

6 (2) by adding at the end the following new sub7 section:

8 ‘‘(c)(1) The Administration may delay for a period

9 not to exceed 5 years the unrestricted public disclosure

10 of technical data in the possession of, or under the control

11 of, the Administration that has been generated in the per12 formance of experimental, developmental, or research ac13 tivities or programs funded jointly by the Administration

14 and the private sector.

15 ‘‘(2) The Administrator shall issue regulations to

16 carry out this subsection. Paragraph (1) shall not take ef17 fect until such regulations are issued.

18 ‘‘(3) Regulations issued pursuant to paragraph (2)

19 shall include—

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

21 data is technical data within the meaning of this

22 subsection;

23 ‘‘(B) a requirement that a determination de24 scribed in subparagraph (A) that particular data is

25 technical data shall be reported to the Committee on
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1 Science, Space, and Technology of the House of

2 Representatives and the Committee on Commerce,

3 Science, and Transportation of the Senate;

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

5 available for dissemination within the United States

6 to United States persons and entities in furtherance

7 of the objective of maintaining leadership or com8 petitiveness in civil and governmental aeronautical

9 and space activities by the United States industrial

10 base; and

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

12 which the delay in unrestricted public disclosure of

13 technical data is to apply to various categories of

14 such data, and the restrictions on disclosure of such

15 data during such period or periods, including a re16 quirement that the maximum 5-year protection

17 under this subsection shall not be provided unless at

18 least 50 percent of the funding for the activities or

19 programs is provided by the private sector.

20 ‘‘(4) Along with the initial publication of proposed

21 regulations under paragraph (2), the Administrator shall

22 include a list of those experimental, developmental, or re23 search activities or programs conducted by, or funded in

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

25 in products or processes of significant value in maintain-
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1 ing leadership or competitiveness in civil and governmental

2 aeronautical and space activities by the United States in3 dustrial base. Such list shall be updated biannually.

4 ‘‘(5) For purposes of this subsection, the term ‘tech5 nical data’ means any recorded information, including

6 computer software, that is or may be directly applicable

7 to the design, engineering, development, production, man8 ufacture, or operation of products or processes that may

9 have significant value in maintaining leadership or com10 petitiveness in civil and governmental aeronautical and

11 space activities by the United States industrial base.’’.

12 SEC. 208. COMPARATIVE ANALYSIS OF UNITED STATES AND

13 FOREIGN EXPENDABLE SPACE LAUNCH SYS14 TEMS.

15 The National Aeronautics and Space Administration

16 shall conduct a comprehensive study of the differences be17 tween existing United States and foreign expendable space

18 launch vehicles. This study shall determine specific dif19 ferences in the design, manufacture, processing, and over20 all management and infrastructure of current United

21 States and foreign expendable space launch vehicles. The

22 study shall also determine the approximate effect of these

23 differences on the relative cost, reliability, and operational

24 efficiency of such space launch systems. This study shall

25 be conducted in consultation with the Department of De-
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1 fense and, as appropriate, other Federal agencies, United

2 States industries, and institutions of higher education.

3 The results of this study shall be submitted to the Con4 gress no later than October 1, 1995.

5 SEC. 209. UNIVERSITY INNOVATIVE RESEARCH PROGRAM

6 STUDY.

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

8 (1) institutions of higher education offer a sig9 nificant resource for the conduct of innovative sci10 entific and technological research to advance the Na11 tional Aeronautics and Space Administration’s mis12 sion;

13 (2) the National Aeronautics and Space Admin14 istration should act to broaden the foundation of its

15 research base by increasing the direct involvement of

16 research laboratories of institutions of higher edu17 cation in the development of technology for space

18 science;

19 (3) the National Aeronautics and Space Admin20 istration should commit to strengthening research

21 programs in technology of institutions of higher edu22 cation beyond contracting with institutions of higher

23 education for services in support of specific pro24 grams; and
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1 (4) the National Aeronautics and Space Admin2 istration should develop mechanisms to foster inno3 vative technological research at institutions of higher

4 education that do not participate in the University

5 Space Engineering Research Centers.

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

7 study of the feasibility and potential implementation of a

8 University Innovative Research Program which—

9 (1) promotes technological innovation in the

10 United States by using the Nation’s institutions of

11 higher education to help meet the National Aero12 nautics and Space Administration’s research and de13 velopment needs, by stimulating technology transfer

14 between institutions of higher education and indus15 try, and by encouraging participation by minority

16 and disadvantaged persons in technological innova17 tion;

18 (2) is modeled on the Small Business Innova19 tion Research Program;

20 (3) avoids duplication of existing National Aero21 nautics and Space Administration programs with the

22 institutions of higher education; and

23 (4) derives funding from the Space Research

24 and Technology program.
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1 (c) COMPLETION.—The study required by subsection

2 (b) shall be completed and its results submitted to the

3 Congress within one year after the date of enactment of

4 this Act.

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

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

7 the National Aeronautics and Space Administration Advi8 sory Council, the National Research Council’s Aeronautics

9 and Space Engineering Board and Space Studies Board,

10 and other organizations as appropriate.

11 SEC. 210. GEOGRAPHICAL DISTRIBUTION.

12 The National Aeronautics and Space Administration

13 shall give consideration to geographical distribution of its

14 research and development funds whenever feasible.

15 SEC. 211. ADDITIONAL NATIONAL AERONAUTICS AND

16 SPACE ADMINISTRATION FACILITIES.

17 (a) SELECTION IN DEPRESSED COMMUNITIES.—

18 When consistent with the goals of the National Aero19 nautics and Space Administration and cost-effective, the

20 Administrator shall select sites in depressed communities

21 for new programs or functions of the National Aeronautics

22 and Space Administration, unless those new programs or

23 functions are so closely related to programs or functions

24 carried out at an existing facility as to require being car25 ried out at that existing facility.
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1 (b) DEFINITIONS.—For purposes of this section, the

2 term ‘‘depressed communities’’ means rural and urban

3 communities that are relatively depressed, in terms of age

4 of housing, extent of poverty, growth of per capita income,

5 extent of unemployment, job lag, or surplus labor.

6 SEC. 212. RECIPROCITY.

7 (a) GENERAL RULE.—Except as provided in sub8 section (b), no contract or subcontract may be made with

9 funds authorized under this Act to a company organized

10 under the laws of a foreign country unless the Adminis11 trator finds that such country affords comparable oppor12 tunities to companies organized under the laws of the

13 United States.

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

15 the rule stated under subsection (a) if the products or

16 services required are not reasonably available from—

17 (A) companies organized under the laws of the

18 United States; or

19 (B) companies organized under the laws of a

20 foreign country which the Administrator finds af21 fords comparable opportunities to companies orga22 nized under the laws of the United States.

23 Any such waiver shall be reported to the Congress.

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

25 to do so would violate the General Agreement on Tariffs
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1 and Trade or any other international agreement to which

2 the United States is a party.

3 SEC. 213. STUDY ON TDRSS AND COMMERCIAL SATELLITE

4 SYSTEM CONVERGENCE.

5 (a) REQUIREMENT.—The Administrator shall con6 duct a study on the convergence of the National Aero7 nautics and Space Administration Tracking and Data

8 Relay Satellite System (TDRSS) with commercial commu9 nications satellite systems. The study shall assess whether

10 a converged system, from which the National Aeronautics

11 and Space Administration would buy tracking and data

12 relay services, could—

13 (1) satisfy the National Aeronautics and Space

14 Administration’s tracking and data relay require15 ments;

16 (2) reduce the National Aeronautics and Space

17 Administration’s expenses in satisfying tracking and

18 data relay requirements through maintenance and

19 operations of the TDRSS;

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

21 private sector;

22 (4) serve commercial communication needs;

23 (5) be established to satisfy the National Aero24 nautics and Space Administration’s requirements in
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1 time to obviate the need to procure TDRSS space2 craft beyond the tenth flight; and

3 (6) encourage the growth of the commercial sat4 ellite communications market.

5 (b) CONSULTATION.—In conducting the study, the

6 Administrator shall consult with commercial satellite oper7 ators, including the International Telecommunications

8 Satellite Organization, other international satellite opera9 tors, and United States satellite operators, as appropriate,

10 and shall also consult with the Department of Defense

11 concerning its requirements for tracking and data relay

12 services.

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

14 study’s findings and recommendations on feasibility of

15 convergence to the Committee on Science, Space, and

16 Technology of the House of Representatives and the Com17 mittee on Commerce, Science, and Transportation of the

18 Senate by February 15, 1995.

19 SEC. 214. STUDY ON CONVERGENCE OF GEOSAT AND EOS

20 ALTIMETRY PROGRAMS.

21 (a) REQUIREMENT.—The Administrator shall con22 duct a study on the convergence of the National Aero23 nautics and Space Administration Earth Observing Sys24 tem (EOS) Altimetry mission with the Navy Geosat Fol25 low-On program. The study shall assess whether a con-
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•HR 4489 EH

1 verged system, which may involve minor modifications to

2 the Geosat Follow-On satellite, could—

3 (1) satisfy the needs of the Earth Observing

4 System program for altimetry data;

5 (2) reduce the National Aeronautics and Space

6 Administration’s expenses in satisfying such needs;

7 (3) be available in time to serve as the follow8 on to the Topex/Poseidon mission; and

9 (4) continue to meet the Navy’s requirements

10 for altimetry data at no additional cost to the Navy.

11 (b) CONSULTATION.—In conducting the study, the

12 Administrator shall consult with the Navy and the sci13 entific community, as appropriate.

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

15 study’s findings and recommendations on the feasibility

16 of convergence to the Committee on Science, Space, and

17 Technology of the House of Representatives and the Com18 mittee on Commerce, Science, and Transportation of the

19 Senate by February 15, 1995.

20 SEC. 215. SPACE SHUTTLE COST REDUCTION INITIATIVES.

21 By February 1, 1995, the Administrator shall submit

22 a report to the Committee on Science, Space, and Tech23 nology of the House of Representatives and the Committee

24 on Commerce, Science, and Transportation of the Senate

25 that—
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1 (1) specifies the minimum number of Space

2 Shuttle flights that would be required each fiscal

3 year from 1995 through 2004 to implement payload

4 and related activities provided for in the President’s

5 fiscal year 1995 budget request and supporting and

6 ancillary documents thereto;

7 (2) outlines the Space Shuttle flight and pay8 load manifest that could be implemented for each of

9 the fiscal years 1995 through 1999 if the Space

10 Shuttle flight rate for each of those years were 8

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

12 the flight rate were 6 missions;

13 (3) evaluates the extent to which various poten14 tial management consolidation initiatives could re15 duce the annual cost of the Space Shuttle program

16 while preserving quality and safety; and

17 (4) evaluates the extent to which various poten18 tial contract incentives could be used to reduce the

19 annual cost of the Space Shuttle program while pre20 serving quality and safety.

21 SEC. 216. ADVANCED LAUNCH TECHNOLOGY PROGRAM.

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

23 and is encouraged to use, any funds appropriated for

24 Space Shuttle operations, but not needed for such pur25 poses because of a reduction in annual operating costs,
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1 for an advanced launch technology program, including the

2 cost of technology development, flight demonstrators, and

3 procurement of operational flight hardware.

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

5 the Administrator shall submit to the Congress a program

6 plan for an advanced launch technology program that—

7 (1) clearly articulates the goals and objectives

8 of the program and the flight hardware it will

9 produce;

10 (2) describes the management structure and de11 velopment philosophy that will be used to implement

12 the program;

13 (3) outlines key milestones toward the achieve14 ment of the goals and objectives articulated under

15 paragraph (1);

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

17 incurred upon completion of the program;

18 (5) defines the annual budgetary requirements

19 of the program for the next 5 years; and

20 (6) identifies the source or sources of funding

21 anticipated for the program for each of the next 5

22 years, including funds described in subsection (a).

23 SEC. 217. LAND CONVEYANCE.

24 The Administrator may accept the conveyance to the

25 United States of certain parcels of land from the cities
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1 of Cleveland and Brook Park, Ohio, for the purpose of

2 establishing a Visitor Center for the Lewis Research Cen3 ter.

4 SEC. 218. PROCUREMENT.

5 (a) PROCUREMENT DEMONSTRATION PROGRAM.—

6 (1) IN GENERAL.—The Administrator shall es7 tablish within the Office of Advanced Concepts and

8 Technology a program of expedited technology pro9 curement for the purpose of demonstrating how in10 novative technology concepts can rapidly be brought

11 to bear upon space missions of the National Aero12 nautics and Space Administration.

13 (2) PROCEDURES AND EVALUATION.—The Ad14 ministrator shall establish procedures for actively

15 seeking from nongovernment persons innovative

16 technology concepts relating to the provision of

17 space hardware, technology, or services to the Na18 tional Aeronautics and Space Administration, and

19 for the evaluation of such concepts by the National

20 Aeronautics and Space Administration’s Advisory

21 Council against mission requirements.

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

23 amounts appropriated pursuant to subtitle A for the

24 Office of Advanced Concepts and Technology shall

25 be used for innovative technology procurements that
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1 are determined under paragraph (2) of this sub2 section to meet mission requirements.

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

4 out this subsection the Administrator shall recruit

5 and hire for limited term appointments persons from

6 the nongovernmental sector with special expertise

7 and experience related to the innovative technology

8 concepts with respect to which procurements are

9 made under this subsection.

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

11 effective 10 years after the date of its enactment.

12 (b) TECHNOLOGY PROCUREMENT INITIATIVE.—

13 (1) IN GENERAL.—The Administrator shall co14 ordinate National Aeronautics and Space Adminis15 tration resources in the areas of procurement, com16 mercial programs, and advanced technology in order

17 to—

18 (A) fairly assess and procure commercially

19 available technology from the marketplace in

20 the most efficient manner practicable;

21 (B) achieve a continuous pattern of inte22 grating advanced technology from the commer23 cial sector into the missions and programs of

24 the National Aeronautics and Space Adminis25 tration;
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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 con5 tractors of the National Aeronautics and Space

6 Administration to integrate commercially avail7 able technology in subsystem contracts on a

8 fixed-price basis.

9 (2) CERTIFICATION.—Upon solicitation of any

10 procurement for space hardware, technology, or serv11 ices that are not commercially available, the Admin12 istrator shall certify, by publication of a notice and

13 opportunity 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

21 a new lease for facilities to support National Aeronautics

22 and Space Administration programs unless the Adminis23 trator has certified to the Congress that the Administrator

24 has reviewed existing National Aeronautics and Space Ad25 ministration and other federally owned facilities, including
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1 military facilities scheduled for closing or reduction, and

2 found 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

6 transmit to the Congress a report with a complete annual

7 accounting 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. Ex13 amples of such data include scientific data concerning the

14 elemental and mineralogical resources of the moon and the

15 planets, Earth environmental data obtained through re16 mote 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

21 of supporting the bid or fulfillment of the contract, shall

22 not 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 pro4 vider 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 in14 formation to the agricultural community in time to

15 assist farmers with planting decisions;

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

17 impending famine problems and forest infestations

18 in 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
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1 reducing 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 tan11 dem to aid farmers to obtain data conducive to

12 sound agricultural management and greater crop

13 yields.

14 (b) INFORMATION DEVELOPMENT.—The Secretary of

15 Agriculture and the Administrator of the National Aero16 nautics and Space Administration, maximizing private

17 funding and involvement, shall provide farmers and other

18 interested persons with timely information, through re19 mote sensing, on crop conditions, fertilization and irriga20 tion needs, pest infiltration, soil conditions, projected food,

21 feed, and fiber production, and any other information

22 available through remote sensing.

23 (c) ENHANCED REMOTE SENSING PROGRAM.—(1)

24 The Secretary of Agriculture and the Administrator of the

25 National Aeronautics and Space Administration shall
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1 jointly evaluate the need for a radar imaging platform that

2 could enhance United States remote sensing capability by

3 providing information and data relating to agricultural re4 sources, and which may have other commercial and re5 search applications.

6 (2) In the event there is a finding of need for a plat7 form as set forth in paragraph (1), the Secretary of Agri8 culture and the Administrator of the National Aeronautics

9 and Space Administration shall jointly develop a proposal,

10 which maximizes private funding and involvement in the

11 launch and operation of such platform, and in the manage12 ment and dissemination of the data from such platform.

13 The Secretary and the Administrator shall jointly submit

14 the proposal, within 30 days of its development, to the

15 Committee on Agriculture and the Committee on Science,

16 Space, and Technology of the House of Representatives,

17 and to the Committee on Agriculture, Nutrition, and For18 estry and the Committee on Commerce, Science, and

19 Transportation of the Senate.

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

21 Administrator of the National Aeronautics and Space Ad22 ministration shall jointly develop a proposal to inform

23 farmers and other prospective users concerning the use

24 and availability of remote sensing data.
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1 (e) SUNSET.—The provisions of this section shall ex2 pire 5 years after the date of enactment of this Act.

3 SEC. 223. COORDINATION OF EDUCATION SUPPORT FOR

4 UNDERREPRESENTED GROUPS.

5 The Administrator shall coordinate with other Fed6 eral agencies all National Aeronautics and Space Adminis7 tration education activities to encourage the participation

8 of women, minorities who are underrepresented in science,

9 engineering, and mathematics, and persons with disabil10 ities.

11 SEC. 224. SPACE EXPLORATION OPPORTUNITIES ASSESS12 MENT.

13 (a) NATIONAL ACADEMY OF SCIENCES CONTRACT.—

14 The Administrator shall, to the extent provided in advance

15 in appropriations Acts, enter into a contract with the Na16 tional Academy of Sciences for the conduct of the assess17 ment described in subsection (b).

18 (b) SPACE EXPLORATION OPPORTUNITIES ASSESS19 MENT.—The contract entered into under subsection (a)

20 shall provide for an assessment of methods for maximiz21 ing, based on a variety of prospective funding levels, the

22 quantity and quality of opportunities for space explo23 ration, both human and robotic, using space vehicles and

24 platforms available or expected to be available. Such as25 sessment shall focus on the 5-year period after the date
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1 of enactment of this Act, and on each of the two subse2 quent 5-year periods. Such assessment shall address op3 portunities in connection with civilian and military domes4 tic, and foreign, space vehicles and platforms, whether

5 publicly or privately funded.

6 (c) REPORT TO CONGRESS.—The Administrator

7 shall, within one year after the date of enactment of this

8 Act, submit to Congress a report containing the results

9 of the assessment conducted under subsection (b).

10 SEC. 225. CATALOGUE OF EARTH-THREATENING COMETS

11 AND ASTEROIDS.

12 (a) REQUIREMENT.—To the extent practicable, the

13 National Aeronautics and Space Administration, in coordi14 nation with the Department of Defense and the space

15 agencies of other countries, shall identify and catalogue

16 within 10 years the orbital characteristics of all comets

17 and asteroids that are greater than 1 kilometer in diame18 ter and are in an orbit around the sun that crosses the

19 orbit of the Earth.

20 (b) PROGRAM PLAN.—By February 1, 1995, the Ad21 ministrator shall submit to the Congress a program plan,

22 including estimated budgetary requirements for fiscal

23 years 1996 through 2000, to implement subsection (a).
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1 TITLE III—REVISIONS TO LAND

2 REMOTE SENSING POLICY

3 ACT OF 1992

4 SEC. 301. AMENDMENTS.

5 The Land Remote Sensing Policy Act of 1992 (15

6 U.S.C. 5601 et seq.) is amended—

7 (1) by amending section 2(9) to read as follows:

8 ‘‘(9) Because Landsat data are particularly im9 portant for global environmental change research,

10 the program should be managed by an integrated

11 team consisting of the National Aeronautics and

12 Space Administration and the National Oceanic and

13 Atmospheric Administration and coordinated by the

14 Office of Science and Technology Policy.’’;

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

16 103(b), and 504, by striking ‘‘Secretary of Defense’’

17 and inserting in lieu thereof ‘‘Secretary’’;

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

19 of Defense’’ and inserting in lieu thereof ‘‘Depart20 ment of Commerce’’;

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

22 addition of a tracking and data relay satellite com23 munications capability’’;

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

25 ‘‘baseline funding profile’’ and inserting in lieu
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1 thereof ‘‘for the development and operational life of

2 Landsat 7 that is mutually acceptable to the agen3 cies constituting the Landsat Program Manage4 ment;’’;

5 (6) in section 101(b), by inserting after para6 graph (4) the following:

7 ‘‘The Director of the Office of Science and Technology

8 Policy shall, no later than October 1, 1994, transmit the

9 management plan to the Committee on Science, Space,

10 and Technology of the House of Representatives and the

11 Committee on Commerce, Science, and Transportation of

12 the Senate.’’;

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

14 and 502(c)(7), by striking ‘‘section 506’’ and insert15 ing in lieu thereof ‘‘section 507’’;

16 (8) in section 102(b)(1), by striking ‘‘by the ex17 pected end of the design life of Landsat 6’’ and in18 serting in lieu thereof ‘‘by the predicted end of life

19 of Landsat 5, or as soon as practicable thereafter’’;

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

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

22 (10) by adding at the end of section 103 the

23 following new subsection:

24 ‘‘(c) IMPLEMENTATION OF AGREEMENT.—If negotia25 tions under subsection (a) result in an agreement that the
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1 Landsat Program Management determines generally

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

3 the Landsat Program Management shall award an exten4 sion, until the practical demise of Landsat 4 or Landsat

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

6 Landsat 6 contractor incorporating the terms of such

7 agreement.’’;

8 (11) by striking section 104 and redesignating

9 section 105 as section 104;

10 (12) in section 201(c)—

11 (A) by striking ‘‘120 days’’ and inserting

12 in lieu thereof ‘‘90 days’’; and

13 (B) by amending the second sentence

14 thereof to read as follows: ‘‘If the Secretary de15 termines that the license requested by the appli16 cant should not be issued, the Secretary shall

17 inform the applicant within such 90-day period

18 of the reasons for such determination and the

19 specific actions required of the applicant to ob20 tain a license.’’;

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

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

23 accordance with the license, that’’ after ‘‘of any

24 agreement’’;
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1 (14) in section 204, by striking ‘‘may’’ and in2 serting in lieu thereof ‘‘shall’’;

3 (15) by inserting at the end of title II the fol4 lowing new section:

5 ‘‘SEC. 206. NOTIFICATION.

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

7 after any determination by the Secretary to require a li8 censee to limit collection or distribution of data from a

9 system licensed pursuant to this title, the Secretary shall

10 report to the Congress the reasons for such determination,

11 the limitations imposed on the licensee, and the period

12 during which such limitations apply.

13 ‘‘(b) TERMINATION, MODIFICATION, OR SUSPEN14 SION.—Within 30 days after any action by the Secretary

15 to seek an order of injunction or other judicial determina16 tion pursuant to section 203(a)(2), the Secretary shall no17 tify the Congress of such action and provide the reasons

18 for such action.’’;

19 (16) in section 302—

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

21 and

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

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

24 and subsection (b)(1) and inserting in lieu thereof

25 the following:
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1 ‘‘(a) RESPONSIBILITY OF SECRETARY OF DE2 FENSE.—The Secretary shall consult with the Secretary

3 of Defense on all matters under this Act affecting national

4 security. Within 30 days after receiving a request from

5 the Secretary, the Secretary of Defense shall recommend

6 any conditions for a license issued under title II, consist7 ent with this Act, that the Secretary of Defense deter8 mines are needed to protect the national security of the

9 United States. If no such recommendations have been re10 ceived by the Secretary within such 30-day period, the

11 Secretary may deem activities proposed in the license ap12 plication to be consistent with the protection of the na13 tional security of the United States.

14 ‘‘(b) RESPONSIBILITY OF SECRETARY OF STATE.—

15 (1) The Secretary shall consult with the Secretary of State

16 on all matters under this Act affecting international obli17 gations of the United States. Within 30 days after receiv18 ing a request from the Secretary, the Secretary of State

19 shall recommend any conditions for a license issued under

20 title II, consistent with this Act, that the Secretary of

21 State determines are needed to meet existing international

22 obligations of the United States. If no such recommenda23 tions have been received by the Secretary within such 30-

24 day period, the Secretary may deem activities proposed in
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1 the license application to be consistent with existing inter2 national obligations of the United States.’’.

3 TITLE IV—AERONAUTICAL

4 RESEARCH AND TECHNOLOGY

5 SEC. 401. FINDINGS.

6 The Congress finds that—

7 (1) the United States aeronautics industry has

8 provided a major contribution to the competitiveness

9 of the United States, and has accounted for over

10 $80,000,000,000 in annual sales and over

11 $20,000,000,000 in positive balance of trade;

12 (2) the international market share of the Unit13 ed States aeronautics industry has steadily eroded

14 due to competition from foreign consortia that re15 ceive substantial direct subsidies from their govern16 ments;

17 (3) the United States aeronautics industry has

18 been severely impacted by the reductions in defense

19 spending, leading to reduced levels of research and

20 development investment by industry;

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

22 included maintaining United States competitiveness

23 and technology leadership in areas of strategic inter24 est, such as aeronautics, but United States aero25 nautics has not been addressed in United States for-
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1 eign policy with the same emphasis as United States

2 international space endeavors;

3 (5) no effective means have been developed by

4 which the National Aeronautics and Space Adminis5 tration can accurately measure the contribution of

6 its research toward achieving United States competi7 tiveness and maintaining technological leadership;

8 and

9 (6) maintaining experimental state-of-the-art

10 facilities has been a key investment to retaining

11 United States competitiveness and technological

12 leadership, and these facilities have been heavily uti13 lized by United States industry in their research and

14 development programs.

15 SEC. 402. AERONAUTICS POLICY OF THE NATIONAL AERO16 NAUTICS AND SPACE ADMINISTRATION.

17 It is the policy of the United States that—

18 (1) improving the competitive capability of the

19 United States aeronautics industry shall be a fun20 damental goal of the aeronautical research and de21 velopment programs of the National Aeronautics and

22 Space Administration;

23 (2) the investment in aeronautics technology by

24 the National Aeronautics and Space Administration
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1 shall be closely coordinated with United States in2 dustry;

3 (3) the establishment of industry-led,

4 precompetitive consortia shall be encouraged to bet5 ter prioritize and coordinate the industry require6 ments for advanced technologies and facilities;

7 (4) revitalizing national aeronautical facilities

8 shall be a major element of Federal investment in

9 aeronautical research and development; and

10 (5) industry and government cost-sharing for

11 facilities construction and use shall be investigated

12 to achieve aeronautics research and technology goals

13 within a constrained Federal budget.

14 SEC. 403. AMENDMENTS TO THE NATIONAL AERONAUTICS

15 AND SPACE ACT OF 1958.

16 (a) TECHNICAL CORRECTION AMENDMENT.—(1)

17 Section 214 of the National Aeronautics and Space Ad18 ministration Authorization Act, Fiscal Year 1989 is

19 amended by striking ‘‘(c)’’ both places it appears and in20 serting in lieu thereof ‘‘(d)’’.

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

22 effective as of the date of enactment of the Act referred

23 to in paragraph (1).
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1 (b) OBJECTIVES.—Section 102(d) of the National

2 Aeronautics and Space Act of 1958 (42 U.S.C. 2451(d))

3 is amended—

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

5 (8);

6 (2) by striking the period at the end of para7 graph (9) and inserting in lieu thereof a semicolon;

8 and

9 (3) by adding at the end the following new

10 paragraphs:

11 ‘‘(10) The economic growth, competitiveness,

12 and productivity of the Nation through close coordi13 nation with industry in the conduct of innovative

14 aeronautics technology validation and technology

15 transfer programs; and

16 ‘‘(11) The improvement of the safety, capacity,

17 and efficiency of the United States air transpor18 tation system through close coordination among the

19 agencies of the Federal Government.’’.

20 SEC. 404. AERONAUTICAL BASIC RESEARCH INVESTMENT

21 PLAN.

22 (a) PLAN.—The Administrator shall develop an aero23 nautical basic research investment plan which—

24 (1) describes the aeronautical basic research

25 underway within the United States, including a re-
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1 view of the status of United States basic research in

2 critical aeronautics disciplines including—

3 (A) aerodynamics;

4 (B) propulsion;

5 (C) materials and structures;

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

7 and

8 (E) flight systems;

9 (2) establishes goals and objectives for United

10 States aeronautical basic research to advance the

11 critical disciplines required by United States indus12 try for such research;

13 (3) identifies the priorities for aeronautical

14 basic research required by industry to advance

15 United States long-term competitiveness;

16 (4) describes the anticipated impact of aero17 nautical basic research on United States long-term

18 competitiveness;

19 (5) encourages the transfer of Government-de20 veloped technologies to the private sector to promote

21 economic strength and competitiveness; and

22 (6) identifies opportunities for aeronautical

23 basic research to be performed by minority-owned

24 and women-owned businesses within the aeronautical

25 basic research industry.
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1 The Administrator shall annually update the plan, includ2 ing a report on progress in achieving the goals and objec3 tives identified pursuant to paragraph (2).

4 (b) INDEPENDENT EVALUATION.—The Adminis5 trator shall submit the plan developed under subsection

6 (a), and all subsequent annual updates thereto, along with

7 appropriate programmatic technical, schedule, and finan8 cial information, to the National Research Council of the

9 National Academy of Sciences for an independent evalua10 tion of such plan.

11 (c) TRANSMITTAL TO CONGRESS.—The Adminis12 trator shall, along with the first annual budget request

13 of the President occurring more than 1 year after the date

14 of enactment of this Act, transmit to the Congress the

15 plan developed under subsection (a) and the results of the

16 independent review conducted pursuant to subsection (b).

17 Subsequent annual updates to the plan and independent

18 reviews thereof shall be transmitted to the Congress along

19 with subsequent annual budget requests of the President.

20 SEC. 405. ROLE OF PROCUREMENT IN TECHNOLOGY IN21 VESTMENT.

22 The Administrator, in carrying out aeronautical re23 search and technology procurement, shall—

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

25 research and technologies;
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1 (2) assess and procure, where appropriate, com2 mercially available technologies;

3 (3) where appropriate, use performance speci4 fications in procuring technologies; and

5 (4) reduce the paperwork requirements associ6 ated with procurement.

7 SEC. 406. AERONAUTICAL TEST FACILITIES INITIATIVE.

8 (a) STRATEGY.—The President shall establish a

9 strategy to coordinate with domestic aeronautical compa10 nies to establish the requirements of such companies and

11 the Federal Government for aeronautical test facilities.

12 The strategy shall—

13 (1) define the capabilities of aeronautical test

14 facilities required by domestic aeronautical compa15 nies and the Federal Government over the next 30

16 years;

17 (2) assess the impact to United States competi18 tiveness over the next 30 years resulting from the

19 use of a combination of domestic and foreign aero20 nautical test facilities by domestic companies; and

21 (3) identify a funding method for procuring

22 new aeronautical test facilities which includes cost

23 sharing and risk sharing with domestic aeronautical

24 companies, and which uses innovative financing
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1 schemes for the construction and operation of such

2 new facilities.

3 (b) TRANSMITTAL TO CONGRESS.—The strategy es4 tablished under subsection (a), along with anticipated

5 budget requirements over the next 10 years associated

6 with implementing the strategy, shall be transmitted to

7 the Congress no later than 6 months after the date of en8 actment of this Act.

9 SEC. 407. JOINT AERONAUTICAL RESEARCH AND DEVELOP10 MENT PROGRAM.

11 (a) ESTABLISHMENT.—The Administrator and the

12 heads of other appropriate Federal agencies shall jointly

13 establish a program for the purpose of conducting re14 search on aeronautical technologies that enhance United

15 States competitiveness. Such program shall include—

16 (1) research on next-generation wind tunnel

17 and advanced wind tunnel instrumentation tech18 nology;

19 (2) research on advanced engine materials, en20 gine concepts, and testing of propulsion systems or

21 components of the high-speed civil transport re22 search program;

23 (3) advanced general aviation research;

24 (4) advanced rotorcraft research; and

25 (5) advanced hypersonic aeronautical research.
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1 (b) CONTRACTS AND GRANTS.—Contracts and grants

2 entered into under the program established under sub3 section (a) shall be administered using procedures devel4 oped jointly by the Administrator and the heads of the

5 other Federal agencies involved in the program. These

6 procedures should include an integrated acquisition policy

7 for contract and grant requirements and for technical data

8 rights that are not an impediment to joint programs

9 among the National Aeronautics and Space Administra10 tion, the other Federal agencies involved in the program,

11 and industry.

12 (c) ELEMENTS OF PROGRAM.—The program estab13 lished under subsection (a) shall include—

14 (1) selected programs that jointly enhance pub15 lic and private aeronautical technology development;

16 (2) an opportunity for private contractors to be

17 involved in such technology research and develop18 ment; and

19 (3) the transfer of Government-developed tech20 nologies to the private sector to promote economic

21 strength and competitiveness.

22 SEC. 408. HYPERSONIC RESEARCH INITIATIVE.

23 The Administrator shall conduct a study, through an

24 organization not a part of the National Aeronautics and

25 Space Administration, of strategies that would optimize
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1 the Hypersonic System Technology Program by integrat2 ing with the rocket-based hypersonic flight test experi3 ments the necessary development program which would

4 achieve a single-stage hypersonic research vehicle capable

5 of Mach 15 or greater, in the shortest possible time frame.

6 The objective of a program developed under the strategies

7 identified through such study would be the development

8 of a single stage to orbit air breathing aircraft. The Ad9 ministrator shall report the results of the study to Con10 gress no later than 6 months after the date of enactment

11 of this Act.

Passed the House of Representatives August 8,

1994.

Attest:

Clerk.
103D CONGRESS

2D SESSION H. R. 4489

AN ACT

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