I

103D CONGRESS

2D SESSION H. R. 4489

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

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,

3 SECTION 1. SHORT TITLE.

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

5 and Space Administration Authorization Act, Fiscal Years

6 1995 and 1996’’.

7 SEC. 2. FINDINGS.

8 The Congress finds that—
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1 (1) the National Aeronautics and Space Admin2 istration will require a stable budget, adjusted for

3 inflation, in order to carry out the initiatives now

4 planned in human space flight and science, aero5 nautics, and technology;

6 (2) cooperation in space should continue to be

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

8 agenda through a broad range of scientific and engi9 neering programs that have the potential to stabilize

10 the scientific and industrial base of the former So11 viet Union and encourage the transition toward po12 litical reform and a market-based economy;

13 (3) the National Aeronautics and Space Admin14 istration should aggressively pursue actions and re15 forms directed at reducing institutional costs, includ16 ing management restructuring, facility consolidation,

17 procurement reform, personnel base downsizing, and

18 convergence with other defense and private sector

19 systems; and

20 (4) in formulating a national space transpor21 tation policy, the National Aeronautics and Space

22 Administration should take the lead role in develop23 ing advanced space transportation technologies in24 cluding reusable space vehicles, single-stage-to-orbit

25 vehicles, and manned space systems.
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1 SEC. 3. DEFINITIONS.

2 For purposes of this Act—

3 (1) the term ‘‘Administrator’’ means the Ad4 ministrator of the National Aeronautics and Space

5 Administration; and

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

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

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

9 1141(a)).

10 TITLE I—AUTHORIZATION OF

11 APPROPRIATIONS

12 Subtitle A—Authorizations

13 SEC. 101. HUMAN SPACE FLIGHT.

14 (a) AUTHORIZATIONS.—There are authorized to be

15 appropriated to the National Aeronautics and Space Ad16 ministration for Human Space Flight the following

17 amounts:

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

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

20 1996.

21 (2) For Russian Cooperation, $150,100,000 for

22 fiscal year 1995, and $129,200,000 for fiscal year

23 1996.

24 (3) For the Space Shuttle, $3,309,000,000 for

25 fiscal year 1995, and $3,205,700,000 for fiscal year

26 1996.
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1 (4) For Payload and Utilization Operations,

2 $346,200,000 for fiscal year 1995, and

3 $316,100,000 for fiscal year 1996.

4 (b) CONSTRUCTION OF FACILITIES.—(1) Of the

5 funds authorized to be appropriated under subsection

6 (a)(1) for fiscal year 1995, $20,200,000 are authorized

7 for construction of a Neutral Buoyancy Laboratory, John8 son Space Center.

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

10 subsection (a)(3) for fiscal year 1995, $4,800,000 are au11 thorized for modernization of the Firex System, Pads A

12 and B, Kennedy Space Center.

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

14 subsection (a)(3) for fiscal year 1995, $7,500,000 are au15 thorized for replacement of the Components Refurbish16 ment Laboratory, Kennedy Space Center.

17 SEC. 102. SCIENCE, AERONAUTICS, AND TECHNOLOGY.

18 (a) AUTHORIZATIONS.—There are authorized to be

19 appropriated to the National Aeronautics and Space Ad20 ministration for Science, Aeronautics, and Technology the

21 following amounts:

22 (1) For Space Science—

23 (A) $1,736,000,000 for fiscal year 1995, of

24 which—
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1 (i) $1,081,700,000 are authorized for

2 Physics and Astronomy; and

3 (ii) $654,300,000 are authorized for

4 Planetary Exploration, including

5 $129,700,000 for the Discovery program

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

7 and

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

9 of which—

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

11 Physics and Astronomy, including

12 $20,000,000 for the Stratospheric Observ13 atory for Infrared Astronomy and

14 $50,000,000 for the Solar-Terrestrial

15 Probes; and

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

17 Planetary Exploration, including

18 $122,400,000 for the Discovery program,

19 $10,000,000 for the Pluto Fast Flyby, and

20 $4,000,000 for Venus data analysis.

21 (2) For Life and Microgravity Sciences and Ap22 plications, $442,500,000 for fiscal year 1995, and

23 $523,300,000 for fiscal year 1996.

24 (3) For Mission to Planet Earth,

25 $1,224,100,000 for fiscal year 1995, of which
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1 $726,000,000 are authorized for the Earth Observ2 ing System (EOS), including the EOS Data and In3 formation System, and $1,276,100,000 for fiscal

4 year 1996, of which $847,500,000 are authorized

5 for the Earth Observing System (EOS), including

6 the EOS Data and Information System.

7 (4) For Advanced Concepts and Technology—

8 (A) $623,000,000 for fiscal year 1995, of

9 which $40,000,000 are authorized for the Sin10 gle-Stage-to-Orbit (SSTO) technology develop11 ment program, $13,600,000 are authorized for

12 University Space Engineering Research Cen13 ters, and $12,500,000 are authorized for the

14 Small Spacecraft Technology Initiative; and

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

16 which $116,000,000 are authorized for the Sin17 gle-Stage-to-Orbit (SSTO) technology develop18 ment program.

19 (5) For Aeronautical Research and Technology,

20 $898,500,000 for fiscal year 1995, and

21 $941,900,000 for fiscal year 1996, of which—

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

23 $343,700,000 for fiscal year 1996, are author24 ized for Research and Technology Base activi25 ties, including $10,000,000 for each such fiscal
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1 year for the Rotorcraft Technology Center Pro2 gram;

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

4 authorized for High Speed Research, including

5 $12,000,000 for Environmental Impact Assess6 ments, and $245,500,000 for fiscal year 1996

7 are authorized for High Speed Research, in8 cluding $12,500,000 for Environmental Impact

9 Assessments;

10 (C) $125,800,000 for fiscal year 1995 are

11 authorized for Advanced Subsonic Technology,

12 including $24,000,000 for Terminal Area Pro13 ductivity and $13,000,000 for Short Haul Air14 craft, and $158,500,000 for fiscal year 1996

15 are authorized for Advanced Subsonic Tech16 nology, including $25,000,000 for Terminal

17 Area Productivity and $20,000,000 for Short

18 Haul Aircraft; and

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

20 and $186,200,000 for fiscal year 1996 are au21 thorized for Other Systems Technology Pro22 grams, including $40,000,000 for each such fis23 cal year for the Hypersonic Research Program.
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1 (6) For Launch Services, $331,100,000 for fis2 cal year 1995, and $279,000,000 for fiscal year

3 1996.

4 (7) For Mission Communication Services,

5 $481,200,000 for fiscal year 1995, and

6 $486,600,000 for fiscal year 1996.

7 (8) For Academic Programs, $97,200,000 for

8 fiscal year 1995, and $101,700,000 for fiscal year

9 1996.

10 (9) For Russian Scientific Cooperation,

11 $50,000,000 for fiscal year 1995, and $50,000,000

12 for fiscal year 1996.

13 (b) CONSTRUCTION OF FACILITIES.—(1) Of the

14 funds authorized to be appropriated under subsection

15 (a)(3) for fiscal year 1995, $17,000,000 are authorized

16 for construction of the Earth Systems Science Building,

17 Goddard Space Flight Center.

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

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

20 $8,000,000 for fiscal year 1996 are authorized for mod21 ernization of the Unitary Plan Wind Tunnel Complex,

22 Ames Research Center.
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1 SEC. 103. MISSION SUPPORT.

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

4 Support the following amounts:

5 (1) For Safety, Reliability, and Quality Assur6 ance, $38,700,000 for fiscal year 1995, and

7 $38,800,000 for fiscal year 1996.

8 (2) For Space Communication Services,

9 $248,900,000 for fiscal year 1995, and

10 $320,300,000 for fiscal year 1996.

11 (3) For Construction of Facilities, including

12 land acquisition—

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

14 which—

15 (i) $8,000,000 are authorized to per16 form seismic upgrade of the Research, De17 velopment, and Test Building, Dryden

18 Flight Research Center;

19 (ii) $5,000,000 are authorized to re20 store the Exterior/Interior Systems, Build21 ings 3, 13, and 14, Goddard Space Flight

22 Center;

23 (iii) $4,300,000 are authorized to

24 modernize the Condenser Water Systems,

25 Southern Sector, Jet Propulsion Labora26 tory;
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1 (iv) $4,300,000 are authorized to re2 habilitate the Utility Tunnel Structure and

3 Systems, Johnson Space Center;

4 (v) $1,500,000 are authorized to mod5 ernize the Payloads Hazardous Servicing

6 Facility HVAC System, Kennedy Space

7 Center;

8 (vi) $4,900,000 are authorized to

9 modernize the Metrology and Calibration

10 Facility, Marshall Space Flight Center;

11 (vii) $30,000,000 are authorized to

12 repair facilities at various locations, not in

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

14 (viii) $30,000,000 are authorized to

15 rehabilitate and modify facilities at various

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

17 project;

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

19 minor construction of new facilities and

20 additions to existing facilities at various lo21 cations, not in excess of $750,000 per

22 project;

23 (x) $10,000,000 are authorized for fa24 cility planning and design; and
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1 (xi) $35,000,000 are authorized for

2 environmental compliance and restoration;

3 and

4 (B) $170,900,000 for fiscal year 1996.

5 (4) For Research and Program Management,

6 including personnel and related costs, travel, and re7 search operations support, $2,192,300,000 for fiscal

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

9 SEC. 104. INSPECTOR GENERAL.

10 There are authorized to be appropriated to the Na11 tional Aeronautics and Space Administration for Inspector

12 General, $16,000,000 for fiscal year 1995, and

13 $16,500,000 for fiscal year 1996.

14 SEC. 105. TOTAL AUTHORIZATION.

15 Notwithstanding any other provision of this title, the

16 total amount authorized to be appropriated under this Act

17 shall not exceed $14,150,400,000 for fiscal year 1995, and

18 $14,400,000,000 for fiscal year 1996.

19 Subtitle B—Limitations and

20 Special Authority

21 SEC. 111. USE OF FUNDS FOR CONSTRUCTION.

22 (a) AUTHORIZED USES.—Funds appropriated under

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

24 appropriated for research operations support under sec25 tion 103(4), may be used for the construction of new fa-
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1 cilities and additions to, repair of, rehabilitation of, or

2 modification of existing facilities at any location in support

3 of the purposes for which such funds are authorized.

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

5 to subsection (a) may be expended for a project, the esti6 mated cost of which to the National Aeronautics and

7 Space Administration, including collateral equipment, ex8 ceeds $500,000, until 30 days have passed after the Ad9 ministrator has notified 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 of the nature, location, and estimated cost to

13 the National Aeronautics and Space Administration of

14 such project.

15 (c) TITLE TO FACILITIES.—If funds are used pursu16 ant to subsection (a) for grants to institutions of higher

17 education, or to nonprofit organizations whose primary

18 purpose is the conduct of scientific research, for purchase

19 or construction of additional research facilities, title to

20 such facilities shall be vested in the United States unless

21 the Administrator determines that the national program

22 of aeronautical and space activities will best be served by

23 vesting title in the grantee institution or organization.

24 Each such grant shall be made under such conditions as

25 the Administrator shall determine to be required to ensure
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1 that the United States will receive therefrom benefits ade2 quate to justify the making of that grant.

3 SEC. 112. AVAILABILITY OF APPROPRIATED AMOUNTS.

4 To the extent provided in appropriations Acts, appro5 priations authorized under subtitle A may remain avail6 able without fiscal year limitation.

7 SEC. 113. REPROGRAMMING FOR CONSTRUCTION OF FA8 CILITIES.

9 Appropriations authorized under any paragraph of

10 section 101(b), 102(b), or 103(3)—

11 (1) may be varied upward by 10 percent in the

12 discretion of the Administrator; or

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

14 meet unusual cost variations, after the expiration of

15 30 days following a report on the circumstances of

16 such action by the Administrator to the Committee

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

18 Representatives and the Committee on Commerce,

19 Science, and Transportation of the Senate.

20 The aggregate amount authorized to be appropriated

21 under sections 101(b), 102(b) and 103(3) shall not be in22 creased as a result of actions authorized under paragraphs

23 (1) and (2) of this section.

24 SEC. 114. CONSIDERATION BY COMMITTEES.

25 Notwithstanding any other provision of this Act—
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1 (1) no amount appropriated to the National

2 Aeronautics and Space Administration may be used

3 for any program for which the President’s annual

4 budget request included a request for funding, but

5 for which the Congress denied or did not provide

6 funding;

7 (2) no amount appropriated to the National

8 Aeronautics and Space Administration may be used

9 for any program in excess of the amount actually

10 authorized for the particular program by subtitle A;

11 and

12 (3) 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. LIMITATION ON OBLIGATION OF UNAUTHORIZED

11 APPROPRIATIONS.

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

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

14 appropriations to the National Aeronautics and Space Ad15 ministration for fiscal year 1995 and the date of enact16 ment of this Act, and not later than 30 days after the

17 date of enactment of an Act making such appropriations

18 for fiscal year 1996, the Administrator shall submit a re19 port to Congress and to the Comptroller General which

20 specifies—

21 (1) the portion of such appropriations which are

22 for programs, projects, or activities not authorized

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

24 of amounts authorized for the relevant program,

25 project, or activity under this Act; and
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1 (2) the portion of such appropriations which are

2 authorized under this Act.

3 (b) FEDERAL REGISTER NOTICE.—The Adminis4 trator shall, coincident with the submission of the report

5 required by subsection (a), publish in the Federal Register

6 a notice of all programs, projects, or activities for which

7 funds are appropriated but which were not authorized

8 under this Act, and solicit public comment thereon regard9 ing the impact of such programs, projects, or activities on

10 the conduct and effectiveness of the national aeronautics

11 and space program.

12 (c) LIMITATION.—Notwithstanding any other provi13 sion of this Act, no funds may be obligated for any pro14 grams, projects, or activities of the National Aeronautics

15 and Space Administration for fiscal years 1995 and 1996

16 not authorized under this Act until 30 days have passed

17 after the close of the public comment period contained in

18 the notice required in subsection (b).

19 SEC. 116. USE OF FUNDS FOR SCIENTIFIC CONSULTATIONS

20 OR EXTRAORDINARY EXPENSES.

21 Funds appropriated under section 102 may be used,

22 but not to exceed $35,000 per fiscal year, for scientific

23 consultations or extraordinary expenses upon the author24 ity of the Administrator.
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1 SEC. 117. TERMINATION LIABILITY.

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

3 contracts for the Space Station program that are for peri4 ods in excess of the period for which funds are available

5 for obligation, and may provide for payment for contingent

6 liability which may accrue in excess of available appropria7 tions in the event the Federal Government for its conven8 ience terminates such contracts.

9 (b) TERMINATION.—If funds are not available to con10 tinue any such contract, the contract shall be terminated

11 for the convenience of the Government, and the costs of

12 termination of such contract shall be paid—

13 (1) first from appropriations originally available

14 for performance of the contract; and

15 (2) then from other unobligated appropriations

16 authorized for Human Space Flight under this Act,

17 or any subsequent Act, that the Chief Financial Of18 ficer of the National Aeronautics and Space Admin19 istration determines are available for such purposes.

20 SEC. 118. VOLUNTARY SEPARATION INCENTIVES.

21 The Administrator shall, to the maximum extent

22 practicable, make voluntary separation incentive payments

23 pursuant to the Federal Workforce Restructuring Act of

24 1994 (Public Law 103–226) to employees of the National

25 Aeronautics and Space Administration from funds appro-
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1 priated for fiscal year 1995 and available for such pay2 ments.

3 TITLE II—MISCELLANEOUS

4 PROVISIONS

5 SEC. 201. TRANSMISSION OF BUDGET ESTIMATES.

6 The Administrator shall, at the time of submission

7 of the President’s annual budget request for every fiscal

8 year, transmit to the Congress—

9 (1) a five-year budget detailing the estimated

10 development costs for each individual program under

11 the jurisdiction of the National Aeronautics and

12 Space Administration for which development costs

13 are expected to exceed $200,000,000; and

14 (2) an estimate of the life-cycle costs associated

15 with each such program.

16 SEC. 202. COMMERCIAL SPACE LAUNCH ACT AMENDMENTS.

17 (a) AMENDMENTS.—The Commercial Space Launch

18 Act (49 U.S.C. App. 2601 et seq.) is amended—

19 (1) in section 4—

20 (A) by inserting ‘‘from Earth’’ after ‘‘if

21 any,’’ in paragraph (2);

22 (B) by redesignating paragraphs (9)

23 through (12) as paragraphs (11) through (14),

24 respectively; and
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1 (C) by inserting after paragraph (8) the

2 following new paragraphs:

3 ‘‘(9) ‘reenter’ and ‘reentry’ mean to return pur4 posefully, or attempt to return, a reentry vehicle and

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

6 Earth;

7 ‘‘(10) ‘reentry vehicle’ means any vehicle de8 signed to return from Earth orbit or outer space to

9 Earth substantially intact;’’;

10 (2) in section 6(a), by inserting ‘‘, or reenter a

11 reentry vehicle,’’ after ‘‘operate a launch site’’ each

12 place it appears;

13 (3) in section 6(a)(2) and (3), by striking ‘‘sec14 tion 4(11)’’ each place it appears and inserting in

15 lieu thereof ‘‘section 4(14)’’;

16 (4) in section 6(a)(3)(A), by inserting ‘‘or re17 entry’’ after ‘‘such launch or operation’’;

18 (5) in section 6(a)(3), by inserting ‘‘, or reentry

19 of a reentry vehicle,’’ after ‘‘operation of a launch

20 site’’ each place it appears;

21 (6) in section 6(b)(1)—

22 (A) by striking ‘‘launch license’’ and in23 serting in lieu thereof ‘‘license’’;

24 (B) by inserting ‘‘or reenter’’ after ‘‘shall

25 not launch’’;
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1 (C) by inserting ‘‘or reentry’’ after ‘‘relate

2 to the launch’’; and

3 (D) by inserting ‘‘or reentered’’ after ‘‘to

4 be launched’’;

5 (7) in section 6(b)(2)—

6 (A) by inserting ‘‘or reentry’’ after ‘‘pre7 vent the launch’’;

8 (B) by striking ‘‘holder of a launch li9 cense’’ and inserting in lieu thereof ‘‘licensee’’;

10 and

11 (C) by inserting ‘‘or reentry’’ after ‘‘deter12 mines that the launch’’;

13 (8) in section 6(c)(1), by inserting ‘‘or reentry

14 of a reentry vehicle’’ after ‘‘operation of a launch

15 site’’;

16 (9) in section 7, by striking ‘‘both’’ and insert17 ing in lieu thereof ‘‘for reentering one or more re18 entry vehicles’’;

19 (10) in sections 8(a), 9(b), 11(a), 11(b),

20 12(a)(2)(B), and 12(b), by inserting ‘‘, or reentry of

21 a reentry vehicle,’’ after ‘‘operation of a launch site’’

22 each place it appears;

23 (11) in section 8(b), by inserting ‘‘and the re24 entry of reentry vehicles,’’ after ‘‘operation of launch

25 sites,’’;
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1 (12) in section 11(a), by inserting ‘‘or reentry’’

2 after ‘‘launch or operation’’;

3 (13) in section 12(a)(1), by inserting ‘‘or re4 entry’’ after ‘‘prevent the launch’’;

5 (14) in section 12(b), by inserting ‘‘or reentry’’

6 after ‘‘prevent the launch’’;

7 (15) in section 14(a)(1)—

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

9 ‘‘observers at any launch site’’; and

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

11 ‘‘assembly of a launch vehicle’’;

12 (16) in section 15(b)(4)(A)—

13 (A) by inserting ‘‘and reentries’’ after ‘‘en14 sure that the launches’’;

15 (B) by inserting ‘‘or reentry date commit16 ment’’ after ‘‘launch date commitment’’;

17 (C) by inserting ‘‘or reentry’’ after ‘‘ob18 tained for a launch’’;

19 (D) by inserting ‘‘, reentry sites,’’ after

20 ‘‘United States launch sites’’;

21 (E) by inserting ‘‘or reentry site’’ after

22 ‘‘access to a launch site’’;

23 (F) by inserting ‘‘, or services related to a

24 reentry,’’ after ‘‘amount for launch services’’;

25 and
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1 (G) by inserting ‘‘or reentry’’ after ‘‘the

2 scheduled launch’’;

3 (17) in section 15(b)(4)(B), by inserting ‘‘or re4 entry’’ after ‘‘prompt launching’’;

5 (18) in section 15(c), by inserting ‘‘or reentry’’

6 after ‘‘launch site’’;

7 (19) in section 16(a)(1) (A) and (B), by insert8 ing ‘‘or reentry’’ after ‘‘any particular launch’’ each

9 place it appears;

10 (20) in section 16(a)(1) (C) and (D), by insert11 ing ‘‘or a reentry’’ after ‘‘launch services’’ each place

12 it appears;

13 (21) in section 16(a)(2), by inserting ‘‘or re14 entry’’ after ‘‘launch services’’;

15 (22) in section 16(b)(1) and (4) (A) and (B),

16 by inserting ‘‘or reentry’’ after ‘‘particular launch’’

17 each place it appears;

18 (23) in section 17(b)(2)(A)—

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

20 ‘‘launch site,’’; and

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

22 ‘‘site of a launch vehicle’’;

23 (24) in section 21(a), by inserting ‘‘and re24 entry’’ after ‘‘approval of space launch’’;

25 (25) in section 21(b)—
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1 (A) by inserting ‘‘, reentry vehicle,’’ after

2 ‘‘A launch vehicle’’; and

3 (B) by inserting ‘‘or reentry’’ after ‘‘the

4 launching’’;

5 (26) in section 21(c)(1)—

6 (A) by striking ‘‘or’’ in subparagraph (B);

7 (B) by redesignating subparagraph (C) as

8 subparagraph (D); and

9 (C) by inserting after subparagraph (B)

10 the following new subparagraph:

11 ‘‘(C) reentry of a reentry vehicle, or’’;

12 (27) in section 21(c)(2), by inserting ‘‘reentry,’’

13 after ‘‘launch,’’;

14 (28) in section 22(a)—

15 (A) by striking ‘‘ending after the date of

16 enactment of this Act and before October 1,

17 1989’’; and

18 (B) by inserting ‘‘and reentries’’ after

19 ‘‘further commercial launches’’; and

20 (29) in section 24, by inserting ‘‘There are au21 thorized to be appropriated to the Secretary

22 $4,859,800 to carry out this Act for fiscal year

23 1995.’’ after ‘‘$4,900,000 to carry out this Act.’’.
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1 (b) ADDITIONAL AMENDMENTS.—(1) Section 9 of

2 the Commercial Space Launch Act (49 U.S.C. App. 2608)

3 is amended—

4 (A) by inserting ‘‘(1)’’ before ‘‘Any person

5 may’’ in subsection (a);

6 (B) by adding at the end of subsection (a) the

7 following new paragraph:

8 ‘‘(2) The Secretary may, by regulation, establish cri9 teria for accepting an application for a license under this

10 Act.’’; and

11 (C) in subsection (b), by striking ‘‘receipt of

12 such application’’ both places it appears and insert13 ing in lieu thereof ‘‘acceptance of such application in

14 accordance with subsection (a)(2)’’.

15 (2) The amendment made by paragraph (1)(C) shall

16 take effect upon the effective date of final regulations is17 sued pursuant to section 9(a)(2) of the Commercial Space

18 Launch Act, as added by paragraph (1)(B) of this sub19 section.

20 (c) REPORT TO CONGRESS.—The Secretary of Trans21 portation shall submit to Congress an annual report to

22 accompany the President’s budget request that reviews the

23 performance of the regulatory activities and the effective24 ness of the Office of Commercial Space Transportation.
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1 SEC. 203. OFFICE OF SPACE COMMERCE AUTHORIZATION.

2 There are authorized to be appropriated to the Sec3 retary of Commerce for the activities of the Office of

4 Space Commerce, $323,000 for fiscal year 1995.

5 SEC. 204. USE OF DOMESTIC PRODUCTS.

6 (a) GENERAL RULE.—Except as provided in sub7 section (b), the Administrator shall ensure that procure8 ments are conducted in compliance with sections 2

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

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

11 Act’’).

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

13 procurements made for which—

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

15 made available; and

16 (2) solicitations for bids are issued after the

17 date of enactment of this Act.

18 (c) INAPPLICABILITY IN CASE OF VIOLATION OF

19 INTERNATIONAL AGREEMENT.—This section shall not

20 apply to the extent that the United States Trade Rep21 resentative determines that a procurement described in

22 subsection (b) would be in violation of the General Agree23 ment on Tariffs and Trade or an international agreement

24 to which the United States is a party.

25 (d) PURCHASE OF AMERICAN MADE EQUIPMENT

26 AND PRODUCTS.—
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1 (1) SENSE OF CONGRESS.—It is the sense of

2 Congress that any recipient of a grant under this

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

4 should purchase, when available and cost-effective,

5 American made equipment and products when ex6 pending grant monies.

7 (2) NOTICE TO RECIPIENTS OF ASSISTANCE.—

8 In allocating grants under this Act, or under any

9 amendment made by this Act, the Secretary shall

10 provide to each recipient a notice describing the

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

12 SEC. 205. REQUIREMENT FOR INDEPENDENT COST

13 ANALYSIS.

14 The Chief Financial Officer for the National Aero15 nautics and Space Administration shall be responsible for

16 conducting independent cost analyses of all new projects

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

18 the results annually to Congress at the time of the submis19 sion of the President’s budget request. In developing cost

20 accounting and reporting standards for carrying out this

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

22 practicable and consistent with other laws, solicit the ad23 vice of expertise outside of the National Aeronautics and

24 Space Administration.
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1 SEC. 206. GLOBAL CHANGE DATA AND INFORMATION

2 SYSTEM.

3 Title I of the Global Change Research Act of 1990

4 (15 U.S.C. 2931 et seq.) is amended by adding at the end

5 the following new section:

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

7 SYSTEM.

8 ‘‘(a) The National Aeronautics and Space Adminis9 tration, in coordination with other agencies that belong to

10 the Committee established under section 102, shall estab11 lish the requirements and architecture for, design, and de12 velop a Global Change Data and Information System that

13 shall serve as the system to process, archive, and distrib14 ute data generated by the Global Change Research Pro15 gram.

16 ‘‘(b) The National Aeronautics and Space Adminis17 tration shall design the Global Change Data and Informa18 tion System—

19 ‘‘(1) so that other Federal agencies may con20 nect data centers operated by such agencies to such

21 System; and

22 ‘‘(2) so as to minimize, to the extent prac23 ticable, the cost of connecting such data centers.

24 ‘‘(c) Each agency involved in the Global Change Re25 search Program shall retain the responsibility to establish

26 and operate Global Change Data and Information System
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1 data centers to process, archive, and distribute data gen2 erated by such agency’s programs. Agencies may agree to

3 assume the responsibility for processing, archiving, or dis4 tributing data generated by other agencies.’’.

5 SEC. 207. ACCESS TO CLASSIFIED DATA FOR GLOBAL

6 CHANGE RESEARCH.

7 The Committee on Environment and Natural Re8 sources shall develop and submit to the Congress within

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

10 for providing access to data from classified archives and

11 systems for global change research. The plan shall—

12 (1) determine whether the Global Change Data

13 and Information System or other means should be

14 used to provide access to such data for the scientific

15 community; and

16 (2) identify what agencies should be responsible

17 for particular parts of such data and any data cen18 ters needed to process, archive, and distribute such

19 data.

20 SEC. 208. NATIONAL AERONAUTICS AND SPACE ACT OF 1958

21 AMENDMENTS.

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

23 the National Aeronautics and Space Act of 1958 (42

24 U.S.C. 2476(a)) is amended—
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1 (1) by striking ‘‘January’’ and inserting in lieu

2 thereof ‘‘May’’; and

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

4 thereof ‘‘fiscal’’.

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

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

7 U.S.C. 2454) is amended—

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

9 after ‘‘subsection (b)’’; and

10 (2) by adding at the end the following new sub11 section:

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

13 not to exceed 5 years the unrestricted public disclosure

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

15 of, the Administration that has been generated in the per16 formance of experimental, developmental, or research ac17 tivities or programs funded jointly by the Administration

18 and the private sector.

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

20 carry out this subsection. Paragraph (1) shall not take ef21 fect until such regulations are issued.

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

23 shall include—
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1 ‘‘(A) guidelines for a determination of whether

2 data is technical data within the meaning of this

3 subsection;

4 ‘‘(B) a requirement that a determination de5 scribed in subparagraph (A) that particular data is

6 technical data shall be reported to the Committee on

7 Science, Space, and Technology of the House of

8 Representatives and the Committee on Commerce,

9 Science, and Transportation of the Senate;

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

11 available for dissemination within the United States

12 to United States persons and entities in furtherance

13 of the objective of maintaining leadership or com14 petitiveness in civil and governmental aeronautical

15 and space activities by the United States industrial

16 base; and

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

18 which the delay in unrestricted public disclosure of

19 technical data is to apply to various categories of

20 such data, and the restrictions on disclosure of such

21 data during such period or periods, including a re22 quirement that the maximum 5-year protection

23 under this subsection shall not be provided unless at

24 least 50 percent of the funding for the activities or

25 programs is provided by the private sector.
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1 ‘‘(4) Along with the initial publication of proposed

2 regulations under paragraph (2), the Administrator shall

3 include a list of those experimental, developmental, or re4 search activities or programs conducted by, or funded in

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

6 in products or processes of significant value in maintain7 ing leadership or competitiveness in civil and governmental

8 aeronautical and space activities by the United States in9 dustrial base. Such list shall be updated biannually.

10 ‘‘(5) For purposes of this subsection, the term ‘tech11 nical data’ means any recorded information, including

12 computer software, that is or may be directly applicable

13 to the design, engineering, development, production, man14 ufacture, or operation of products or processes that may

15 have significant value in maintaining leadership or com16 petitiveness in civil and governmental aeronautical and

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

18 SEC. 209. COMPARATIVE ANALYSIS OF UNITED STATES AND

19 FOREIGN EXPENDABLE SPACE LAUNCH SYS20 TEMS.

21 The National Aeronautics and Space Administration

22 shall conduct a comprehensive study of the differences be23 tween existing United States and foreign expendable space

24 launch vehicles. This study shall determine specific dif25 ferences in the design, manufacture, processing, and over-
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1 all management and infrastructure of current United

2 States and foreign expendable space launch vehicles. The

3 study shall also determine the approximate effect of these

4 differences on the relative cost, reliability, and operational

5 efficiency of such space launch systems. This study shall

6 be conducted in consultation with the Department of De7 fense and, as appropriate, other Federal agencies, United

8 States industries, and institutions of higher education.

9 The results of this study shall be submitted to the Con10 gress no later than October 1, 1995.

11 SEC. 210. UNIVERSITY INNOVATIVE RESEARCH PROGRAM

12 STUDY.

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

14 (1) institutions of higher education offer a sig15 nificant resource for the conduct of innovative sci16 entific and technological research to advance the Na17 tional Aeronautics and Space Administration’s mis18 sion;

19 (2) the National Aeronautics and Space Admin20 istration should act to broaden the foundation of its

21 research base by increasing the direct involvement of

22 research laboratories of institutions of higher edu23 cation in the development of technology for space

24 science;
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1 (3) the National Aeronautics and Space Admin2 istration should commit to strengthening research

3 programs in technology of institutions of higher edu4 cation beyond contracting with institutions of higher

5 education for services in support of specific pro6 grams; and

7 (4) the National Aeronautics and Space Admin8 istration should develop mechanisms to foster inno9 vative technological research at institutions of higher

10 education that do not participate in the University

11 Space Engineering Research Centers.

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

13 study of the feasibility and potential implementation of a

14 University Innovative Research Program which—

15 (1) promotes technological innovation in the

16 United States by using the Nation’s institutions of

17 higher education to help meet the National Aero18 nautics and Space Administration’s research and de19 velopment needs, by stimulating technology transfer

20 between institutions of higher education and indus21 try, and by encouraging participation by minority

22 and disadvantaged persons in technological innova23 tion;

24 (2) is modeled on the Small Business Innova25 tion Research Program;
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1 (3) avoids duplication of existing National Aero2 nautics and Space Administration programs with the

3 institutions of higher education; and

4 (4) derives funding from the Space Research

5 and Technology program.

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

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

8 Congress within one year after the date of enactment of

9 this Act.

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

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

12 the National Aeronautics and Space Administration Advi13 sory Council, the National Research Council’s Aeronautics

14 and Space Engineering Board and Space Studies Board,

15 and other organizations as appropriate.

16 SEC. 211. GEOGRAPHICAL DISTRIBUTION.

17 The National Aeronautics and Space Administration

18 shall give consideration to geographical distribution of its

19 research and development funds whenever feasible.

20 SEC. 212. ADDITIONAL NATIONAL AERONAUTICS AND

21 SPACE ADMINISTRATION FACILITIES.

22 (a) SELECTION IN DEPRESSED COMMUNITIES.—

23 When consistent with the goals of the National Aero24 nautics and Space Administration and cost-effective, the

25 Administrator shall select sites in depressed communities
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1 for new programs or functions of the National Aeronautics

2 and Space Administration, unless those new programs or

3 functions are so closely related to programs or functions

4 carried out at an existing facility as to require being car5 ried out at that existing facility.

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

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

8 communities that are relatively depressed, in terms of age

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

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

11 SEC. 213. RECIPROCITY.

12 (a) GENERAL RULE.—Except as provided in sub13 section (b), no contract or subcontract may be made with

14 funds authorized under this Act to a company organized

15 under the laws of a foreign country unless the Adminis16 trator finds that such country affords comparable oppor17 tunities to companies organized under the laws of the

18 United States.

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

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

21 services required are not reasonably available from—

22 (A) companies organized under the laws of the

23 United States; or

24 (B) companies organized under the laws of a

25 foreign country which the Administrator finds af-
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1 fords comparable opportunities to companies orga2 nized under the laws of the United States.

3 Any such waiver shall be reported to the Congress.

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

5 to do so would violate the General Agreement on Tariffs

6 and Trade or any other international agreement to which

7 the United States is a party.

8 SEC. 214. STUDY ON TDRSS AND COMMERCIAL SATELLITE

9 SYSTEM CONVERGENCE.

10 (a) REQUIREMENT.—The Administrator shall con11 duct a study on the convergence of the National Aero12 nautics and Space Administration Tracking and Data

13 Relay Satellite System (TDRSS) with commercial commu14 nications satellite systems. The study shall assess whether

15 a converged system, from which the National Aeronautics

16 and Space Administration would buy tracking and data

17 relay services, could—

18 (1) satisfy the National Aeronautics and Space

19 Administration’s tracking and data relay require20 ments;

21 (2) reduce the National Aeronautics and Space

22 Administration’s expenses in satisfying tracking and

23 data relay requirements through maintenance and

24 operations of the TDRSS;
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1 (3) be financed, developed, and operated by the

2 private sector;

3 (4) serve commercial communication needs;

4 (5) be established to satisfy the National Aero5 nautics and Space Administration’s requirements in

6 time to obviate the need to procure TDRSS space7 craft beyond the tenth flight; and

8 (6) encourage the growth of the commercial sat9 ellite communications market.

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

11 Administrator shall consult with commercial satellite oper12 ators, including the International Telecommunications

13 Satellite Organization, other international satellite opera14 tors, and United States satellite operators, as appropriate,

15 and shall also consult with the Department of Defense

16 concerning its requirements for tracking and data relay

17 services.

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

19 study’s findings and recommendations on feasibility of

20 convergence to the Committee on Science, Space, and

21 Technology of the House of Representatives and the Com22 mittee on Commerce, Science, and Transportation of the

23 Senate by February 15, 1995.
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1 SEC. 215. STUDY ON CONVERGENCE OF GEOSAT AND EOS

2 ALTIMETRY PROGRAMS.

3 (a) REQUIREMENT.—The Administrator shall con4 duct a study on the convergence of the National Aero5 nautics and Space Administration Earth Observing Sys6 tem (EOS) Altimetry mission with the Navy Geosat Fol7 low-On program. The study shall assess whether a con8 verged system, which may involve minor modifications to

9 the Geosat Follow-On satellite, could—

10 (1) satisfy the needs of the Earth Observing

11 System 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 follow15 on to the Topex/Poseidon mission; and

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

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

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

19 Administrator shall consult with the Navy and the sci20 entific community, as appropriate.

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

22 study’s findings and recommendations on the feasibility

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

24 Technology of the House of Representatives and the Com25 mittee on Commerce, Science, and Transportation of the

26 Senate by February 15, 1995.
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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 striking section 104 and redesignating

23 section 105 as section 104;

24 (11) in section 201(c)—
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1 (A) by striking ‘‘120 days’’ and inserting

2 in lieu thereof ‘‘90 days’’; and

3 (B) by amending the second sentence

4 thereof to read as follows: ‘‘If the Secretary de5 termines that the license requested by the appli6 cant should not be issued, the Secretary shall

7 inform the applicant within such 90-day period

8 of the reasons for such determination and the

9 specific actions required of the applicant to ob10 tain a license.’’;

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

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

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

14 agreement’’;

15 (13) in section 204, by striking ‘‘may’’ and in16 serting in lieu thereof ‘‘shall’’;

17 (14) by inserting at the end of title II the fol18 lowing new section:

19 ‘‘SEC. 206. NOTIFICATION.

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

21 after any determination by the Secretary to require a li22 censee to limit collection or distribution of data from a

23 system licensed pursuant to this title, the Secretary shall

24 report to the Congress the reasons for such determination,
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1 the limitations imposed on the licensee, and the period

2 during which such limitations apply.

3 ‘‘(b) TERMINATION, MODIFICATION, OR SUSPEN4 SION.—Within 30 days after any action by the Secretary

5 to seek an order of injunction or other judicial determina6 tion pursuant to section 203(a)(2), the Secretary shall no7 tify the Congress of such action and provide the reasons

8 for such action.’’;

9 (15) in section 302—

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

11 and

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

13 (16) in section 507, by striking subsection (a)

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

15 the following:

16 ‘‘(a) RESPONSIBILITY OF SECRETARY OF DE17 FENSE.—The Secretary shall consult with the Secretary

18 of Defense on all matters under this Act affecting national

19 security. Within 30 days after receiving a request from

20 the Secretary, the Secretary of Defense shall recommend

21 any conditions for a license issued under title II, consist22 ent with this Act, that the Secretary of Defense deter23 mines are needed to protect the national security of the

24 United States. If no such recommendations have been re25 ceived by the Secretary within such 30-day period, the
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1 Secretary may deem activities proposed in the license ap2 plication to be consistent with the protection of the na3 tional security of the United States.

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

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

6 on all matters under this Act affecting international obli7 gations of the United States. Within 30 days after receiv8 ing a request from the Secretary, the Secretary of State

9 shall recommend any conditions for a license issued under

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

11 State determines are needed to meet existing international

12 obligations of the United States. If no such recommenda13 tions have been received by the Secretary within such 30-

14 day period, the Secretary may deem activities proposed in

15 the license application to be consistent with existing inter16 national obligations 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 Unit2 ed States aeronautics industry has steadily eroded

3 due to competition from foreign consortia that re4 ceive substantial direct subsidies from their govern5 ments;

6 (3) the United States aeronautics industry has

7 been severely impacted by the reductions in defense

8 spending, leading to reduced levels of research and

9 development investment by industry;

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

11 included maintaining United States competitiveness

12 and technology leadership in areas of strategic inter13 est, such as aeronautics, but United States aero14 nautics has not been addressed in United States for15 eign policy with the same emphasis as United States

16 international space endeavors;

17 (5) no effective means have been developed by

18 which the National Aeronautics and Space Adminis19 tration can accurately measure the contribution of

20 its research toward achieving United States competi21 tiveness and maintaining technological leadership;

22 and

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

24 facilities has been a key investment to retaining

25 United States competitiveness and technological
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1 leadership, and these facilities have been heavily uti2 lized by United States industry in their research and

3 development programs.

4 SEC. 402. AERONAUTICS POLICY OF THE NATIONAL AERO5 NAUTICS AND SPACE ADMINISTRATION.

6 It is the policy of the United States that—

7 (1) improving the competitive capability of the

8 United States aeronautics industry shall be a fun9 damental goal of the aeronautical research and de10 velopment programs of the National Aeronautics and

11 Space Administration;

12 (2) the investment in aeronautics technology by

13 the National Aeronautics and Space Administration

14 shall be closely coordinated with United States in15 dustry;

16 (3) the establishment of industry-led,

17 precompetitive consortia shall be encouraged to bet18 ter prioritize and coordinate the industry require19 ments for advanced technologies and facilities;

20 (4) revitalizing national aeronautical facilities

21 shall be a major element of Federal investment in

22 aeronautical research and development; and

23 (5) industry and government cost-sharing for

24 facilities construction and use shall be investigated
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1 to achieve aeronautics research and technology goals

2 within a constrained Federal budget.

3 SEC. 403. AMENDMENTS TO THE NATIONAL AERONAUTICS

4 AND SPACE ACT OF 1958.

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

6 Section 214 of the National Aeronautics and Space Ad7 ministration Authorization Act, Fiscal Year 1989 is

8 amended by striking ‘‘(c)’’ both places it appears and in9 serting in lieu thereof ‘‘(d)’’.

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

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

12 to in paragraph (1).

13 (b) OBJECTIVES.—Section 102(d) of the National

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

15 is amended—

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

17 (8);

18 (2) by striking the period at the end of para19 graph (9) and inserting in lieu thereof a semicolon;

20 and

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

22 paragraphs:

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

24 and productivity of the Nation through close coordi25 nation with industry in the conduct of innovative
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1 aeronautics technology validation and technology

2 transfer programs; and

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

4 and efficiency of the United States air transpor5 tation system through close coordination among the

6 agencies of the Federal Government.’’.

7 SEC. 404. AERONAUTICAL BASIC RESEARCH INVESTMENT

8 PLAN.

9 (a) PLAN.—The Administrator shall develop an aero10 nautical basic research investment plan which—

11 (1) describes the aeronautical basic research

12 underway within the United States, including a re13 view of the status of United States basic research in

14 critical aeronautics disciplines including—

15 (A) aerodynamics;

16 (B) propulsion;

17 (C) materials and structures;

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

19 and

20 (E) flight systems;

21 (2) establishes goals and objectives for United

22 States aeronautical basic research to advance the

23 critical disciplines required by United States indus24 try for such research;
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1 (3) identifies the priorities for aeronautical

2 basic research required by industry to advance Unit3 ed States long-term competitiveness;

4 (4) describes the anticipated impact of aero5 nautical basic research on United States long-term

6 competitiveness; and

7 (5) encourages the transfer of Government-de8 veloped technologies to the private sector to promote

9 economic strength and competitiveness.

10 The Administrator shall annually update the plan, includ11 ing a report on progress in achieving the goals and objec12 tives identified pursuant to paragraph (2).

13 (b) INDEPENDENT EVALUATION.—The Adminis14 trator shall submit the plan developed under subsection

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

16 appropriate programmatic technical, schedule, and finan17 cial information, to the National Research Council of the

18 National Academy of Sciences for an independent evalua19 tion of such plan.

20 (c) TRANSMITTAL TO CONGRESS.—The Adminis21 trator shall, along with the first annual budget request

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

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

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

25 independent review conducted pursuant to subsection (b).
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1 Subsequent annual updates to the plan and independent

2 reviews thereof shall be transmitted to the Congress along

3 with subsequent annual budget requests of the President.

4 SEC. 405. ROLE OF PROCUREMENT IN TECHNOLOGY IN5 VESTMENT.

6 The Administrator, in carrying out aeronautical re7 search and technology procurement, shall—

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

9 research and technologies;

10 (2) assess and procure, where appropriate, com11 mercially available technologies;

12 (3) where appropriate, use performance speci13 fications in procuring technologies; and

14 (4) reduce the paperwork requirements associ15 ated with procurement.

16 SEC. 406. AERONAUTICAL TEST FACILITIES INITIATIVE.

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

18 strategy to coordinate with domestic aeronautical compa19 nies to establish the requirements of such companies and

20 the Federal Government for aeronautical test facilities.

21 The strategy shall—

22 (1) define the capabilities of aeronautical test

23 facilities required by domestic aeronautical compa24 nies and the Federal Government over the next 30

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

3 use of a combination of domestic and foreign aero4 nautical test facilities by domestic companies; and

5 (3) identify a funding method for procuring

6 new aeronautical test facilities which includes cost

7 sharing and risk sharing with domestic aeronautical

8 companies, and which uses innovative financing

9 schemes for the construction and operation of such

10 new facilities.

11 (b) TRANSMITTAL TO CONGRESS.—The strategy es12 tablished under subsection (a), along with anticipated

13 budget requirements over the next 10 years associated

14 with implementing the strategy, shall be transmitted to

15 the Congress no later than 6 months after the date of en16 actment of this Act.

17 SEC. 407. JOINT AERONAUTICAL RESEARCH AND DEVELOP18 MENT PROGRAM.

19 (a) ESTABLISHMENT.—The Administrator and the

20 heads of other appropriate Federal agencies shall jointly

21 establish a program for the purpose of conducting re22 search on aeronautical technologies that enhance United

23 States competitiveness. Such program shall include—
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1 (1) research on next-generation wind tunnel

2 and advanced wind tunnel instrumentation tech3 nology;

4 (2) research on advanced engine materials, en5 gine concepts, and testing of propulsion systems or

6 components of the high-speed civil transport re7 search program;

8 (3) advanced general aviation research;

9 (4) advanced rotorcraft research; and

10 (5) advanced hypersonic aeronautical research.

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

12 entered into under the program established under sub13 section (a) shall be administered using procedures devel14 oped jointly by the Administrator and the heads of the

15 other Federal agencies involved in the program. These

16 procedures should include an integrated acquisition policy

17 for contract and grant requirements and for technical data

18 rights that are not an impediment to joint programs

19 among the National Aeronautics and Space Administra20 tion, the other Federal agencies involved in the program,

21 and industry.

22 (c) ELEMENTS OF PROGRAM.—The program estab23 lished under subsection (a) shall include—

24 (1) selected programs that jointly enhance pub25 lic and private aeronautical technology development;
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1 (2) an opportunity for private contractors to be

2 involved in such technology research and develop3 ment; and

4 (3) the transfer of Government-developed tech5 nologies to the private sector to promote economic

6 strength and competitiveness.

7 SEC. 408. HYPERSONIC RESEARCH INITIATIVE.

8 The Administrator shall conduct a study, through an

9 organization not a part of the National Aeronautics and

10 Space Administration, of strategies that would optimize

11 the Hypersonic System Technology Program by integrat12 ing with the rocket-based hypersonic fight test experi13 ments the necessary development program which would

14 achieve a single-stage hypersonic research vehicle capable

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

16 The objective of a program developed under the strategies

17 identified through such study would be the development

18 of a single stage to orbit air breathing aircraft. The Ad19 ministrator shall report the results of the study to Con20 gress no later than 6 months after the date of enactment

21 of this Act.

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