103D CONGRESS

2D SESSION H. R. 4489

AMENDMENTS
In the Senate of the United States,

October 5 (legislative day, September 12), 1994.

Resolved, That the bill from the House of Representatives (H.R. 4489) entitled ‘‘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’’, do pass with the following

AMENDMENTS:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Aeronautics and Space

3 Policy Act of 1994’’.

4 SEC. 2. FINDINGS.

5 The Congress finds that—

6 (1) the National Aeronautics and Space Admin7 istration will require a stable budget, adjusted for in8 flation, in order to carry out the initiatives now

9 planned in human space flight and science, aero10 nautics, and technology;

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

12 major element of the post-cold war foreign policy

13 agenda through a broad range of scientific and engi14 neering programs that have the potential to stabilize
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1 the scientific and industrial base of the former Soviet

2 Union and encourage the transition toward political

3 reform and a market-based economy;

4 (3) the National Aeronautics and Space Admin5 istration should aggressively pursue actions and re6 forms directed at reducing institutional costs, includ7 ing management restructuring, facility consolidation,

8 procurement reform, personnel base downsizing, and

9 convergence with other defense and private sector sys10 tems.

11 (4) in formulating a national space transpor12 tation policy, the National Aeronautics and Space

13 Administration should take the lead role in develop14 ing advanced space transportation technologies in15 cluding reusable space vehicles, single-stage-to-orbit

16 vehicles, and manned space systems; and

17 (5) maintaining experimental state-of-the-art fa18 cilities has been a key investment to retaining United

19 States competitiveness and technological leadership,

20 and these facilities have been heavily utilized by

21 United States industry in their research and develop22 ment programs.

23 SEC. 3. DEFINITIONS.

24 For purposes of this Act—
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1 (1) the term ‘‘Administrator’’ means the Admin2 istrator of the National Aeronautics and Space Ad3 ministration; and

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

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

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

7 1141(a)).

8 TITLE I—NATIONAL AERO9 NAUTICS AND SPACE ADMIN10 ISTRATION

11 SUBTITLE A—SPECIAL AUTHORITY AND

12 LIMITATIONS

13 SEC. 101. OPERATING PLAN.

14 Not later than 60 days after the date of enactment of

15 an Act making appropriations to the National Aeronautics

16 and Space Administration for fiscal year 1995 or the date

17 of enactment of this Act, the Administrator shall submit

18 to the Committee on Science, Space, and Technology of the

19 House of Representatives and the Committee on Commerce,

20 Science, and Transportation of the Senate an operating

21 plan that provides a detailed plan for obligating fiscal year

22 1995 funds.

23 SEC. 102. USE OF FUNDS FOR CONSTRUCTION.

24 (a) AUTHORIZED USES.—The Administrator may use

25 funds appropriated for purposes other than—
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1 (1) construction of facilities;

2 (2) research and program management, exclud3 ing research operations support; and

4 (3) Inspector General,

5 for the construction of new facilities and additions to, re6 pair of, rehabilitation of, or modification of existing facili7 ties at any location in support of the purposes for which

8 such funds are appropriated.

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

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

11 cost of which to the National Aeronautics and Space Ad12 ministration, including collateral equipment, exceeds

13 $750,000, until 30 days have passed after the Administrator

14 has notified the Committee on Science, Space, and Tech15 nology of the House of Representatives and the Committee

16 on Commerce, Science, and Transportation of the Senate

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

18 Aeronautics and Space Administration of such project.

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

20 to subsection (a) for grants to institutions of higher edu21 cation, or to nonprofit organizations whose primary pur22 pose is the conduct of scientific research, for purchase or

23 construction of additional research facilities, title to such

24 facilities shall be vested in the United States unless the Ad25 ministrator determines that the national program of aero-
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1 nautical and space activities will best be served by vesting

2 title in the grantee institution or organization. Each such

3 grant shall be made under such conditions as the Adminis4 trator shall determine to be required to ensure that the

5 United States will receive therefrom benefits adequate to

6 justify the making of that grant.

7 SEC. 103. AVAILABILITY OF APPROPRIATED AMOUNTS

8 To the extent provided in appropriations Acts, appro9 priations may remain available without fiscal year limita10 tion.

11 SEC. 104. REPROGRAMMING FOR CONSTRUCTION OF FA12 CILITIES.

13 (a) IN GENERAL.—Amounts appropriated for a con14 struction of facilities project—

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

16 discretion of the Administrator; or

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

18 unusual cost variations, after the expiration of 15

19 days following a report on the circumstances of such

20 action by the Administrator to the Committee on

21 Science, Space, and Technology of the House of Rep22 resentatives and the Committee on Commerce,

23 Science, and Transportation of the Senate.

24 (b) SPECIAL RULE.—Where the Administrator deter25 mines that new developments in the national program of
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1 aeronautical and space activities have occurred; and that

2 such developments require the use of additional funds for

3 the purposes of construction, expansion, or modification of

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

5 until the enactment of the next National Aeronautics and

6 Space Administration Authorization Act would be incon7 sistent with the interest of the Nation in aeronautical and

8 space activities, the Administrator may use for such pur9 poses up to $10,000,000 of the amounts appropriated for

10 construction of facilities purposes. No such funds may be

11 obligated until a period of 30 days has passed after the Ad12 ministrator has transmitted to the Committee on Com13 merce, Science, and Transportation of the Senate and the

14 Committee on Science, Space, and Technology of the House

15 of Representatives a written report describing the nature

16 of the construction, its costs, and the reasons therefor.

17 SEC. 105. CONSIDERATION BY COMMITTEES.

18 Notwithstanding any other provision of this Act—

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

21 any program for which the President’s annual budget

22 request included a request for funding, but for which

23 the Congress denied or did not provide funding; and

24 (2) no amount appropriated to the National Aer25 onautics and Space Administration may be used for
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1 any program which has not been presented to the

2 Congress in the President’s annual budget request or

3 the supporting and ancillary documents thereto,

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

5 the Committee on Science, Space, and Technology of the

6 House of Representatives and the Committee on Commerce,

7 Science, and Transportation of the Senate of notice given

8 by the Administrator containing a full and complete state9 ment of the action proposed to be taken and the facts and

10 circumstances relied upon in support of such proposed ac11 tion. The National Aeronautics and Space Administration

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

13 of the House of Representatives and the Committee on Com14 merce, Science, and Transportation of the Senate fully and

15 currently informed with respect to all activities and respon16 sibilities within the jurisdiction of those committees. Except

17 as otherwise provided by law, any Federal department,

18 agency, or independent establishment shall furnish any in19 formation requested by either committee relating to any

20 such activity or responsibility.

21 SEC. 106. USE OF FUNDS FOR SCIENTIFIC CONSULTATIONS

22 OR EXTRAORDINARY EXPENSES.

23 Funds appropriated for Mission Support may be used,

24 but not to exceed $35,000, for scientific consultations or ex-
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1 traordinary expenses upon the authority of the Adminis2 trator.

3 SEC. 107. LAND CONVEYANCE.

4 (a) The Administrator may accept the conveyance to

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

6 of Cleveland and Brook Park, Ohio, for the purpose of estab7 lishing a Visitor Center for the Lewis Research Center.

8 (b) If cost-effective, the Administrator may acquire a

9 certain parcel of land, together with existing facilities, lo10 cated at the site of the Clear Lake Development Facility,

11 Clear Lake, Texas. The land and facilities in question com12 prise approximately 13 acres and include a Light Manufac13 turing Facilities, an Avionics Development Facility, and

14 an Assembly and Test Building which may be modified for

15 use as a Neutral Buoyancy Laboratory in support of

16 human space flight activities.

17 SEC. 108. GEOGRAPHICAL DISTRIBUTION.

18 The National Aeronautics and Space Administration

19 shall give consideration to geographical distribution of its

20 research and development funds whenever feasible.

21 SEC. 109. ADDITIONAL NATIONAL AERONAUTICS AND

22 SPACE ADMINISTRATION FACILITIES.

23 The Administrator shall not construct or enter into a

24 new lease for facilities to support National Aeronautics and

25 Space Administration programs unless the Administrator
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1 has certified to the Congress that the Administrator has re2 viewed existing National Aeronautics and Space Adminis3 tration and other federally owned facilities, including mili4 tary facilities scheduled for closing or reduction, and found

5 no such facilities appropriate for the intended use.

6 SEC. 110. SENSE OF CONGRESS; ADDITIONAL NATIONAL

7 AERONAUTICS AND SPACE ADMINISTRATION

8 FACILITIES.

9 It is the sense of Congress that, when consistent with

10 the goals of the National Aeronautics and Space Adminis11 tration, the Administrator should select sites in depressed

12 communities for new programs or functions of the National

13 Aeronautics and Space Administration, unless those new

14 programs or functions are so closely related to programs

15 or functions carried out at an existing facility as to require

16 being carried out at that existing facility.

17 SEC. 111. PROCUREMENT.

18 (a) PROCUREMENT DEMONSTRATION.—

19 (1) IN GENERAL.—The Administrator shall es20 tablish within the Office of Space Access and Tech21 nology a program of expedited technology procure22 ment for the purpose of demonstrating how innovative

23 technology concepts can rapidly be brought to bear

24 upon space missions of the National Aeronautics and

25 Space Administration.
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1 (2) PROCEDURES AND EVALUATION.—The Ad2 ministrator shall ensure that proper procedures will

3 be developed for actively seeking, from nongovernment

4 persons, innovative technology concepts relating to the

5 provision of space hardware, technology, or services to

6 the National Aeronautics and Space Administration.

7 Expedited technology procurement procedures shall

8 include, but not be limited to Space Act Agreements,

9 Cooperative Agreements with both profit and not-for10 profit organizations, and other consortium and

11 partnering programs that will ensure proactive com12 mercial applications development and technology in13 fusion for both NASA and industry.

14 To carry out this subsection, the Administrator shall ensure

15 use in the evaluation process of persons with special exper16 tise and experience related to the innovative technology con17 cepts with respect to which procurements are made under

18 this subsection. Use of nongovernmental sector expertise will

19 be used to the maximum extent practicable through the use

20 of existing special appointment procedures.

21 (3) SUNSET.—This subsection shall cease to be

22 effective 10 years after the date of enactment of the

23 Aeronautics and Space Policy Act of 1994.

24 (b) TECHNOLOGY PROCUREMENT INITIATIVE.—
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1 (1) IN GENERAL.—The Administrator shall co2 ordinate National Aeronautics and Space Adminis3 tration resources in the areas of procurement, com4 mercial programs, and advanced technology in order

5 to—

6 (A) fairly assess and procure commercially

7 available technology from the marketplace in the

8 most efficient manner practicable;

9 (B) achieve a continuous pattern of inte10 grating advanced technology from the commer11 cial sector into the missions and programs of the

12 National Aeronautics and Space Administration;

13 (C) utilize streamlined buying and bidding

14 procedures to the maximum extent practicable,

15 and survey private sector buying and bidding

16 procedures to determine the extent to which they

17 may be incorporated into procedures of the Na18 tional Aeronautics and Space Administration;

19 (D) consider the use of fixed price contracts

20 at both contract and subcontract levels to inte21 grate commercially available technology into sys22 tems and subsystems of the National Aeronautics

23 and Space Administration; and

24 (E) provide an annual report to the Con25 gress as to progress achieved in implementing the
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1 technology procurement initiative set forth under

2 this subsection.

3 (2) REQUIREMENTS.—The Administration shall

4 ensure that requirements developed for space hard5 ware, innovative technology or related space services

6 under this demonstration program shall, to the maxi7 mum extent practicable, enhance the integration of

8 existing commercial, non-developmental or available

9 off-the-shelf hardware or services into meeting the

10 Agency’s mission. Requirements shall seek to utilize

11 non-Governmental research and development activi12 ties, and those cooperative research efforts between

13 Government and non-Government sources to bring po14 tentially innovative technology concepts into the

15 Agency’s mainstream missions.

16 SEC. 112. COORDINATION OF EDUCATION SUPPORT FOR

17 UNDERREPRESENTED GROUPS.

18 The Administrator shall coordinate with other Federal

19 agencies all National Aeronautics and Space Administra20 tion education activities to encourage the participation of

21 women, minorities who are underrepresented in science, en22 gineering, and mathematics, and persons with disabilities.
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1 SEC. 113. REQUIREMENT FOR INDEPENDENT COST ANALY2 SIS.

3 The Chief Financial Officer for the National Aero4 nautics and Space Administration shall be responsible for

5 conducting independent cost analyses of all new projects es6 timated to cost more than $100,000,000 and shall report

7 the results annually to Congress at the time of the submis8 sion of the President’s budget request. In developing cost

9 accounting and reporting standards for carrying out this

10 section, the Chief Financial Officer shall, to the extent prac11 ticable and consistent with other laws, solicit the advice of

12 expertise outside of the National Aeronautics and Space Ad13 ministration.

14 SEC. 114. SMALL SPACECRAFT TECHNOLOGY INITIATIVE.

15 The Administrator may not obligate funds for the

16 Small Spacecraft Technology Initiative to duplicate private

17 sector activities or to fund any activities that a private sec18 tor entity is proposing to carry out for commercial pur19 poses.

20 SEC. 115. SCIENTIFIC COOPERATION WITH RUSSIA.

21 (a) SENSE OF CONGRESS.—It is the sense of Congress

22 that the National Aeronautics and Space Administration

23 should seek, to the maximum extent practicable, to under24 take joint scientific activities with Russia with an initial

25 focus on the robotic exploration of Mars. Such joint sci-
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1 entific activities may include other spacefaring nations, as

2 appropriate.

3 (b) MARS TRANSITION PLAN.—The Administrator

4 shall provide to the Congress by February 15, 1995, a de5 tailed plan to integrate the Mars Surveyor program with

6 a Mars exploration program with Russia and other

7 spacefaring nations, as appropriate.

8 SEC. 116. VISITORS CENTER.

9 To the extent provided in advance in appropriations

10 Acts, all unobligated funds available to the Administrator

11 from appropriations for fiscal years before fiscal year 1995,

12 but not to exceed $5,000,000, may be obligated for the estab13 lishment of a Visitor Center for the Lewis Research Center,

14 if at least an equal amount of funding of in-kind resources

15 of equivalent value or a combination thereof are provided

16 for such purpose from non-Federal sources.

17 SEC. 117. CONSORTIUM FOR INTERNATIONAL EARTH

18 SCIENCE INFORMATION NETWORK BUILDING.

19 The Consortium for International Earth Science Infor20 mation Network may not obligate more than $27,000,000

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

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

23 prospectus by the General Services Administration, which

24 shall be completed within 60 days after the date of enact25 ment of this Act.
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1 SEC. 118. GLOBAL CHANGE DATA AND INFORMATION SYS2 TEM.

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

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

5 following new section:

6 ‘‘SEC. 109. GLOBAL CHANGE DATA AND INFORMATION SYS7 TEM.

8 ‘‘(a) IN GENERAL.—The National Aeronautics and

9 Space Administration, in coordination with other agencies

10 that belong to the Committee established under section 102,

11 shall establish the requirements and architecture for, design,

12 and develop a Global Change Data and Information System

13 that shall serve as the system to process, archive, and dis14 tribute data generated by the Global Change Research Pro15 gram. The Office of Science and Technology policy shall co16 ordinate the activities of the National Aeronautics and

17 Space and Administration and such other agencies under

18 this section.

19 ‘‘(b) SPECIFICATIONS.—The Office of Science and

20 Technology Policy shall ensure that the Global Change Data

21 and Information Systems is designed—

22 ‘‘(1) so that Federal agencies may connect data

23 centers operated by such agencies to such System;

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

25 the cost of connecting such data centers; and
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1 ‘‘(3) so as to avoid duplication with existing

2 Federally-funded efforts and to promote products that

3 are useful to the Global Change Data and Informa4 tion System.

5 ‘‘(c) OPERATING RESPONSIBILITY.—Each agency in6 volved in the Global Change Research Program shall retain

7 the responsibility to establish and operate Global Change

8 Data and Information System data centers to process, ar9 chive, and distribute data generated by such agency’s pro10 grams. Agencies may agree to assume the responsibility for

11 processing, archiving, or distributing data generated by

12 other agencies.

13 ‘‘(d) PLAN.—The Office of Science and Technology Pol14 icy shall prepare a plan that will ensure the interoper15 ability among the data systems of the agencies of the United

16 States Global Change Research Program, develop standards

17 among the agencies to promote the exchange of data by re18 searchers, and maintain high levels of data service among

19 the agencies. The Office shall submit the plan to the Con20 gress within one year after the date of enactment of the Aer21 onautics and Space Policy Act of 1994.’’.

22 SEC. 119. ACCESS TO DATA FOR GLOBAL CHANGE RE23 SEARCH.

24 The National Science and Technology Council, through

25 its Committee on Environment and Natural Resources,
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1 shall develop and submit to the Congress within one year

2 after the date of enactment of this Act a plan for providing

3 access to declassified data from classified archives and sys4 tems for global change research. The plan shall—

5 (1) determine whether the Global Change Data

6 and Information System or other means should be

7 used to provide multiple source access to such data for

8 the scientific community; and

9 (2) identify what agencies or nonprofit institu10 tions or consortia should be responsible for particular

11 parts of such data and any data centers needed to

12 process, archive, and distribute such data.

13 SEC. 120. UNIVERSITY INNOVATIVE RESEARCH PROGRAM

14 STUDY.

15 (a) STUDY.—The Administrator shall undertake a

16 study of the feasibility and potential implementation of a

17 University Innovative Research Program which—

18 (1) promotes technological innovation in the

19 United States by using the Nation’s institutions of

20 higher education to help meet the National Aero21 nautics and Space Administration’s research and de22 velopment needs, by stimulating technology transfer

23 between institutions of higher education and industry,

24 and by encouraging participation by minority and
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1 disadvantaged persons in technological innovation;

2 and

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

5 institutions of higher education.

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

7 (a) shall be completed and its results submitted to the Con8 gress within one year after the date of enactment of this

9 Act.

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

11 subsection (a), 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. 121. STUDY ON TDRSS AND COMMERCIAL SATELLITE

17 SYSTEM CONVERGENCE.

18 (a) REQUIREMENT.—The Administrator shall conduct

19 a study on the convergence of the National Aeronautics and

20 Space Administration Tracking and Data Relay Satellite

21 System (TDRSS) with commercial communications sat22 ellite systems. The study shall assess whether a converged

23 system, from which the National Aeronautics and Space

24 Administration would buy tracking and data relay services,

25 could—
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1 (1) satisfy the National Aeronautics and Space

2 Administration’s tracking and data relay require3 ments;

4 (2) reduce the National Aeronautics and Space

5 Administration’s expenses in satisfying tracking and

6 data relay requirements through maintenance and op7 erations of the TDRSS;

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

9 private sector;

10 (4) serve commercial communication needs;

11 (5) be established to satisfy the National Aero12 nautics and Space Administration’s requirements in

13 time to obviate the need to procure TDRSS spacecraft

14 beyond the tenth flight; and

15 (6) encourage the growth of the commercial sat16 ellite communications market.

17 (b) CONSULTATION.—In conducting the study, the Ad18 ministrator shall consult with commercial satellite opera19 tors, including the International Telecommunications Sat20 ellite Organization, other international satellite operators,

21 and United States satellite operators, as appropriate, and

22 shall also consult with the Department of Defense concern23 ing its requirements for tracking and data relay services.

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

25 study’s findings and recommendations on feasibility of con-
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1 vergence to the Committee on Science, Space, and Tech2 nology of the House of Representatives and the Committee

3 on Commerce, Science, and Transportation of the Senate

4 by February 15, 1995.

5 SEC. 122. SPACE SHUTTLE COST REDUCTION INITIATIVES.

6 By February 1, 1995, the Administrator shall submit

7 a report to the Committee on Science, Space, and Tech8 nology of the House of Representatives and the Committee

9 on Commerce, Science, and Transportation of the Senate

10 that—

11 (1) specifies the minimum number of Space

12 Shuttle flights that would be required each fiscal year

13 from 1995 through 2004 to implement payload and

14 related activities provided for in the President’s fiscal

15 year 1995 budget request and supporting and ancil16 lary documents thereto;

17 (2) outlines the Space Shuttle flight and payload

18 manifest that could be implemented for each of the fis19 cal years 1995 through 1999 if the Space Shuttle

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

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

22 were 6 missions;

23 (3) evaluates the extent to which various poten24 tial management consolidation initiatives could re-
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1 duce the annual cost of the Space Shuttle program

2 while preserving quality and safety; and

3 (4) evaluates the extent to which various poten4 tial contract incentives could be used to reduce the

5 annual cost of the Space Shuttle program while pre6 serving quality and safety.

7 SEC. 123. ADVANCED LAUNCH TECHNOLOGY REPORT.

8 By February 1, 1995, the Administrator shall submit

9 to the Congress a program plan for an advanced launch

10 technology program that—

11 (1) clearly articulates the goals and objectives of

12 the program and the flight hardware it will produce;

13 (2) describes the management structure and de14 velopment philosophy that will be used to implement

15 the program;

16 (3) outlines key milestones toward the achieve17 ment of the goals and objectives articulated under

18 paragraph (1);

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

20 incurred upon completion of the program;

21 (5) defines the annual budgetary requirements of

22 the program for the next 5 years; and

23 (6) identifies the source or sources of funding an24 ticipated for the program for each of the next 5 years.
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1 SEC. 124. SENSE OF CONGRESS; WOMEN’S HEALTH ISSUES.

2 It is the sense of Congress that the National Aero3 nautics and Space Administration should pursue, to the ex4 tent practicable, life and microgravity sciences research re5 lated to the causes of breast and ovarian cancers, bone-relat6 ed diseases, and other women’s health issues.

7 SEC. 125. SPACE STATION ACCOUNTING REPORT.

8 (a) ANNUAL REPORT TO THE CONGRESS.—The Ad9 ministrator of the National Aeronautics and Space Admin10 istration shall transmit a report to the Congress each year

11 containing a complete accounting of all costs of the space

12 station, including cash and other payments to Russia.

13 (b) QUARTERLY REPORTS FROM RUSSIA.—The Ad14 ministrator shall obtain quarterly reports from the Russian

15 Space Agency during the term of the contract between the

16 Russian Space Agency and the National Aeronauics and

17 Space Administration which fully account for the disposi18 tion of funds paid or transferred by the National Aero19 nautics and Space Administration to Russia, including—

20 (1) the amount of funds received from the Na21 tional Aeronautics and Space Administration and the

22 date of their receipt,

23 (2) the amount of funds converted from United

24 States currency by the Russian Space Agency, the

25 currency into which the funds have been converted,
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1 and the dates and exchange rates of each such conver2 sion,

3 (3) the amount of non-United States currency,

4 and of United States currency, disbursed by the Rus5 sian Space Agency to any contractor or subcontrac6 tor, the identity of such contractor or subcontractor,

7 and the date on which the funds were disbursed, and

8 (4) the balance of the funds provided by the Na9 tional Aeronautics and Space Administration which

10 have not been disbursed by the Russian Space Agency

11 as of the date of the report.

12 SEC. 126. PURCHASE OF SPACE SCIENCE DATA.

13 To the maximum extent practicable, the National Aer14 onautics and Space Administration shall purchase from the

15 private sector space science data. Examples of such data

16 include scientific data concerning the elemental and min17 eralogical resources of the moon and the planets, Earth en18 vironmental data obtained through remote sensing observa19 tions, and solar storm monitoring.

20 SEC. 127. REMOTE SENSING FOR AGRICULTURAL AND RE21 SOURCE MANAGEMENT.

22 (a) INFORMATION DEVELOPMENT.—The Secretary of

23 Agriculture and the Administrator of the National Aero24 nautics and Space Administration, maximizing private

25 funding and involvement, shall provide, to the extent fea-
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1 sible, farmers and other interested persons with timely in2 formation, through remote sensing, on crop conditions, fer3 tilization and irrigation needs, pest infiltration, soil condi4 tions, projected food, feed, and fiber production, and any

5 other information available through remote sensing.

6 (b) ENHANCED REMOTE SENSING.—The Secretary of

7 Agriculture and the Administrator of the National Aero8 nautics and Space Administration shall jointly evaluate the

9 need for a radar imaging platform that could enhance Unit10 ed States remote sensing capability by providing informa11 tion and data relating to agricultural resources, and which

12 may have other commercial and research applications.

13 (c) TRAINING.—The Secretary of Agriculture and the

14 Administrator of the National Aeronautics and Space Ad15 ministration shall jointly develop a proposal to inform

16 farmers and other prospective users concerning the use and

17 availability of remote sensing data.

18 (d) SUNSET.—The provisions of this section shall ex19 pire 5 years after the date of enactment of this Act.

20 SEC. 128. SPACE EXPLORATION OPPORTUNITIES ASSESS21 MENT.

22 (a) ASSESSMENT.—The Administrator shall conduct

23 an assessment of methods for maximizing, based on a vari24 ety of prospective funding levels, the quantity and quality

25 of opportunities for space exploration, both human and
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1 robotic, using space vehicles and platforms available or ex2 pected to be available. Such assessment shall focus on the

3 5-year period after the date of enactment of this Act, and

4 on each of the two subsequent 5-year periods. Such assess5 ment shall address opportunities in connection with civil6 ian and military domestic, and foreign, space vehicles and

7 platforms, whether publicly or privately funded.

8 (b) REPORT TO CONGRESS.—The Administrator shall,

9 within one year after the date of enactment of this Act, sub10 mit to Congress a report containing the results of the assess11 ment conducted under subsection (a).

12 SEC. 129. CATALOGUE OF EARTH-THREATENING COMETS

13 AND ASTEROIDS.

14 (a) REQUIREMENT.—To the extent practicable, the Na15 tional Aeronautics and Space Administration, in coordina16 tion with the Department of Defense and the space agencies

17 of other countries, shall identify and catalogue within 10

18 years the orbital characteristics of all comets and asteroids

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

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

21 (b) PROGRAM PLAN.—By February 1, 1995, the Ad22 ministrator shall submit to the Congress a program plan,

23 including estimated budgetary requirements for fiscal years

24 1996 through 2000, to implement subsection (a).
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1 SUBTITLE B—AERONAUTICS

2 SEC. 151. NATIONAL AERONAUTICAL FACILITIES POLICY.

3 It is the policy of the United States that—

4 (1) revitalizing national aeronautical facilities

5 shall be a major element of Federal investment in

6 aeronautical research and development; and

7 (2) industry and government cost-sharing for fa8 cilities construction and use shall be investigated to

9 achieve aeronautics research and technology goals

10 within a constrained Federal budget.

11 SEC. 152. WORLDWIDE FACILITIES ASSESSMENT.

12 The President or his designees shall conduct an assess13 ment of all aeronautics facilities in the United States and

14 in other countries and report to Congress the results of this

15 assessment at the time the fiscal year 1996 budget is sub16 mitted. The assessment shall include—

17 (1) identification of all existing and planned

18 aeronautics research and development facilities in the

19 United States and in other countries;

20 (2) analysis of the capabilities of each aero21 nautics facility that impact aeronautical research

22 and technology objectives of the United States Govern23 ment and domestic industries; and

24 (3) determination of the current use and plans

25 for use of foreign aeronautics facilities for research
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1 and technology activities of the United States Govern2 ment and domestic industries and the risk to the com3 petitiveness of the United States industry due to the

4 potential unintended transfer of technology.

5 SEC. 153. AERONAUTICS FACILITIES STRATEGY.

6 (a) STRATEGY.—The President or his designees shall

7 work closely with domestic industries to coordinate, develop,

8 and implement a strategy for Federal investment in aero9 nautics research and technology and aeronautics facilities.

10 This strategy shall establish—

11 (1) priorities for Federal investment in aero12 nautics facilities;

13 (2) a facilities implementation schedule to meet

14 research and technology project milestones and aero15 space industry market requirements;

16 (3) the projected cost of constructing and operat17 ing new facilities; and

18 (4) options and recommendations to provide

19 funding (including cost-sharing and risk-sharing with

20 industries and among Federal agencies and innova21 tive procurement, financing, or management arrange22 ments) for the construction of new aeronautics facili23 ties and for the operation of new aeronautics facili24 ties.
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1 (b) DEADLINE.—The strategy required by subsection

2 (a), and budget requirements associated with implementing

3 such strategy, shall accompany the fiscal year 1996 budget

4 submission to Congress.

5 SEC. 154. FACILITIES SITE SELECTION PLAN.

6 (a) PRESIDENT TO DEVELOP SITE PLAN.—The Presi7 dent shall develop a site selection plan for the location of

8 new aeronautics research facilities, consistent with the

9 strategy developed under section 153 of this Act, and submit

10 the plan to Congress by March 1, 1995.

11 (b) GENERAL FACTORS.—In developing the plan, gen12 eral factors to be considered for site selection shall include—

13 (1) cost;

14 (2) technical merit;

15 (3) extent of local cost sharing;

16 (4) availability of sufficient power and water;

17 (5) access to suitable transportation infrastruc18 ture;

19 (6) quality of local labor force; and

20 (7) other criteria as appropriate.

21 (c) SPECIFIC FACTORS.—In developing the plan, spe22 cific factors to be taken into consideration are—

23 (1) environmental requirements for operating

24 aeronautics research facilities at specific speeds and

25 regimes;
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1 (2) advantages and disadvantages of both rural

2 areas and Standard Metropolitan Statistical Areas;

3 and

4 (3) other criteria as appropriate.

5 (d) NO AREA TO BE RULED OUT.—No area of the

6 United States shall be ruled out for consideration of a pro7 posal for development of new aeronautics research facilities.

8 SEC. 155. AERONAUTICAL BASIC RESEARCH PLAN.

9 (a) PLAN.—The Administrator of the National Aero10 nautics and Space Administration shall develop an aero11 nautical basic research investment plan as part of the Re12 search and Technology Base of the Administration which—

13 (1) describes the aeronautical basic research un14 derway within the Administration, including a re15 view of the status of basic research in critical aero16 nautics disciplines;

17 (2) establishes goals and objectives for aeronauti18 cal basic research of the Administration to advance

19 the critical disciplines required by United States in20 dustry for such research;

21 (3) identifies the priorities for aeronautical basic

22 research of the Administration required by industry

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

3 United States long-term competitiveness;

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

7 (6) identifies opportunities for aeronautical basic

8 research to be performed by minority-owned and

9 women-owned businesses within the aeronautical

10 basic research industry.

11 (b) REPORT TO CONGRESS.—The Administrator shall

12 update the plan described in subsection (a) annually and

13 transmit the plan to Congress with the Administration’s

14 annual budget request.

15 SEC. 156. JOINT AERONAUTICAL RESEARCH AND DEVELOP16 MENT PRIORITIES.

17 The Administrator of the National Aeronautics and

18 Space Administration shall work with the heads of other

19 appropriate Federal agencies to identify and establish pri20 orities for research on aeronautical technologies that will

21 enhance the competitiveness of the United States in aero22 nautics, including—

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

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

3 components of the high-speed civil transport research

4 program,

5 (3) advanced general aviation research,

6 (4) advanced hypersonic aeronautical research,

7 (5) selected programs that jointly enhance public

8 and private aeronautical technology development,

9 (6) an opportunity for private contractors to be

10 involved in such research and development; and

11 (7) the transfer of Government-developed tech12 nologies to the private sector to promote economic

13 strengths and competitiveness.

14 TITLE II—COMMERCIAL SPACE

15 LAUNCH AMENDMENTS

16 SEC. 201. COMMERCIAL REENTRY VEHICLES.

17 Chapter 701 of title 49, United States Code, is amend18 ed—

19 (1) in the table of sections—

20 (A) by amending the item relating to sec21 tion 70104 to read as follows:

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

22 (B) by amending the item relating to sec23 tion 70108 to read as follows:

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

sites, and reentries’’;
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1 (C) by amending the item relating to section 70109

2 to read as follows:

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

3 and

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

5 item:

‘‘70120. Report to Congress’’;

6 (2) in section 70102—

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

8 any payload’’ in paragraph (3);

9 (B) by redesignating paragraphs (10)

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

11 respectively; and

12 (C) by inserting after paragraph (9) the fol13 lowing new paragraphs:

14 ‘‘(10) ‘reenter’ and ‘reentry’ mean to return pur15 posefully, or attempt to return, a reentry vehicle and

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

17 Earth.

18 ‘‘(11) ‘reentry vehicle’ means any vehicle de19 signed to return from Earth orbit or outer space to

20 Earth substantially intact.’’;

21 (3) in section 70104—

22 (A) by amending the section designation

23 and heading to read as follows:
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1 ‘‘§ 70104. Restrictions on launches, operations, and reentries’’;

2 (B) by inserting ‘‘, or reenter a reentry ve3 hicle,’’ after ‘‘operate a launch site’’ each place

4 it appears in subsection (a);

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

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

7 (D) in subsection (b)—

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

9 inserting in lieu thereof ‘‘license’’;

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

11 ‘‘may launch’’; and

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

13 ‘‘related to launching’’; and

14 (E) in subsection (c)—

15 (i) by amending the subsection heading

16 to read as follows: ‘‘PREVENTING LAUNCHES

17 OR REENTRIES.—’’;

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

19 ‘‘prevent the launch’’; and

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

21 ‘‘decides the launch’’;

22 (4) in section 70105—

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

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

25 subsection (b)(1); and
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1 (B) by striking ‘‘or operation’’ and insert2 ing in lieu thereof ‘‘, operation, or reentry’’ in

3 subsection (b)(2)(A);

4 (5) in section 70106(a)—

5 (A) by inserting ‘‘or reentry site’’ after ‘‘ob6 server at a launch site’’; and

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

8 ‘‘assemble a launch vehicle’’;

9 (6) in section 70108—

10 (A) by amending the section designation

11 and heading to read as follows:

12 ‘‘§ 70108. Prohibition, suspension, and end of launches, operation

13 of launch sites, and reentries’’;

14 and

15 (B) in subsection (a)—

16 (i) by inserting ‘‘, or reentry of a re17 entry vehicle,’’ after ‘‘operation of a launch

18 site’’; and

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

20 ‘‘launch or operation’’;

21 (7) in section 70109—

22 (A) by amending the section designation

23 and heading to read as follows:

24 ‘‘§ 70109. Preemption of scheduled launches or reentries’’;

25 (B) in subsection (a)—
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1 (i) by inserting ‘‘or reentry’’ after ‘‘en2 sure that a launch’’;

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

4 ‘‘United States Government launch site’’;

5 (iii) by inserting ‘‘or reentry date com6 mitment’’ after ‘‘launch date commitment’’;

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

8 ‘‘obtained for a launch’’;

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

10 ‘‘access to a launch site’’;

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

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

13 services’’; and

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

15 ‘‘the scheduled launch’’; and

16 (C) in subsection (c), by inserting ‘‘or re17 entry’’ after ‘‘prompt launching’’;

18 (8) in section 70110—

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

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

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

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

23 subsection (a)(3)(B);

24 (9) in section 70112—
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1 (A) by inserting ‘‘or reentry’’ after ‘‘one

2 launch’’ in subsection (a)(3);

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

4 services’’ in subsection (a)(4);

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

6 ‘‘launch services’’ each place it appears in sub7 section (b);

8 (D) by inserting ‘‘or Reentries’’ after

9 ‘‘Launches’’ in the heading for subsection (e);

10 and

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

12 site’’ in subsection (e);

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

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

15 place it appears;

16 (11) in section 70115(b)(1)(D)(i)—

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

18 ‘‘launch site,’’; and

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

20 ‘‘site of a launch vehicle’’;

21 (12) in section 70117—

22 (A) by inserting ‘‘or reenter a reentry vehi23 cle’’ after ‘‘operate a launch site’’ in subsection

24 (a);
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1 (B) by inserting ‘‘or reentry’’ after ‘‘ap2 proval of a space launch’’ in subsection (d);

3 (C) in subsection (f)—

4 (i) by inserting ‘‘or Reentry’’ after

5 ‘‘Launch’’ in the subsection heading;

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

7 after ‘‘A launch vehicle’’;

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

9 ‘‘that is launched’’; and

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

11 ‘‘the launch’’; and

12 (D) in subsection (g)—

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

14 vehicle,’’ after ‘‘or launch site,’’ in para15 graph (1); and

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

17 ‘‘launch,’’ in paragraph (2); and

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

20 ‘‘§ 70120. Report to Congress

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

23 request that—

24 ‘‘(1) describes all activities undertaken under

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

2 this chapter and recommendations for legislation that

3 may further commercial launches and reentries; and

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

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

7 SEC. 202. LICENSE APPLICATION.

8 (a) Section 70105 of title 49, United States Code, is

9 amended—

10 (1) in subsection (a), by striking ‘‘receiving an

11 application’’ both places it appears and inserting in

12 lieu thereof ‘‘accepting an application in accordance

13 with subsection (b)(2)(D)’’;

14 (2) by striking ‘‘and’’ at the end of subsection

15 (b)(2)(B);

16 (3) by striking the period at the end of sub17 section (b)(2)(C) and inserting in lieu thereof ‘‘;

18 and’’; and

19 (4) by adding at the end of subsection (b)(2) the

20 following new subparagraph:

21 ‘‘(D) regulations establishing criteria for ac22 cepting an application for a license under this

23 chapter.’’.

24 (b) The amendment made by subsection (a)(1) shall

25 take effect upon the effective date of final regulations issued
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1 pursuant to section 70105(b)(2)(D) of title 49, United

2 States Code.

3 SEC. 203. SPACE ADVERTISING.

4 (a) DEFINITION.—Section 70102 of title 49, United

5 States Code, is amended by inserting after paragraph (14),

6 as redesignated by section 301(2)(B) of this title, the follow7 ing new paragraph:

8 ‘‘(15) ‘obtrusive space advertising’ means adver9 tising in outer space that is capable of being recog10 nized by a human being on the surface of the earth

11 without the aid of a telescope or other technological

12 device;’’.

13 (b) PROHIBITION.—Chapter 701 of title 49, United

14 States Code, is amended by inserting after section 70109

15 the following new section:

16 ‘‘§ 70109a. Space advertising

17 ‘‘(a) LICENSING.—Notwithstanding the provisions of

18 this chapter or any other provision of law, the Secretary

19 shall not—

20 ‘‘(1) issue or transfer a license under this chap21 ter; or

22 ‘‘(2) waive the license requirements of this chap23 ter;

24 for the launch of a payload containing any material to be

25 used for the purposes of obtrusive space advertising.
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1 ‘‘(b) LAUNCHING.—No holder of a license under this

2 chapter may launch a payload containing any material to

3 be used for purposes of obtrusive space advertising on or

4 after the date of enactment of the Aeronautics and Space

5 Policy Act of 1994.

6 ‘‘(c) COMMERCIAL SPACE ADVERTISING.—Nothing in

7 this section shall apply to nonobstructive commercial space

8 advertising, including advertising on commercial space

9 transportation vehicles, space infrastructure, payloads,

10 space launch facilities, and launch support facilities.’’.

11 (c) NEGOTIATION WITH FOREIGN LAUNCHING NA12 TIONS.—

13 (1) The President is requested to negotiate with

14 foreign launching nations for the purpose of reaching

15 an agreement or agreements that prohibit the use of

16 outer space for obtrusive space advertising purposes.

17 (2) It is the sense of Congress that the President

18 should take such action as is appropriate and feasible

19 to enforce the terms of any agreement to prohibit the

20 use of outer space for obtrusive space advertising pur21 poses.

22 (3) As used in this subsection, the term ‘‘foreign

23 launching nation’’ means a nation—

24 (A) which launches, or procures the launch25 ing of, a payload into outer space; or
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1 (B) from whose territory or facility a pay2 load is launched into outer space.

3 (d) CLERICAL AMENDMENT.—The table of sections for

4 chapter 701 of title 49, United States Codes, is amended

5 by inserting the following after the item relating to section

6 70109:

‘‘70109a. Space advertising’’.

7 TITLE III—REVISIONS TO LAND

8 REMOTE SENSING POLICY

9 ACT OF 1992

10 SEC. 301. AMENDMENTS.

11 The Land Remote Sensing Policy Act of 1992 (15

12 U.S.C. 5601 et seq.) is amended—

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

14 ‘‘(9) Because Landsat data are particularly im15 portant for global environmental change research, the

16 program should be managed by an integrated team

17 consisting of the National Aeronautics and Space Ad18 ministration and the Department of Commerce.’’;

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

20 and 504, by striking ‘‘Secretary of Defense’’ and in21 serting in lieu thereof ‘‘Secretary’’;

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

23 of Defense and’’ and inserting in lieu thereof ‘‘and the

24 Department of Commerce, as well as the Department

25 of Interior, or’’;
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1 (4) in section 101(b)(1), by striking ‘‘, with the

2 addition of a tracking and data relay satellite com3 munications capability’’;

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

5 ‘‘baseline funding profile’’ and inserting in lieu there6 of ‘‘for the development and operational life of

7 Landsat 7 that is mutually acceptable to the agencies

8 constituting the Landsat Program Management;’’;

9 (6) in section 101(b), by inserting after para10 graph (4) the following:

11 ‘‘The Director of the Office of Science and Technology Pol12 icy shall, no later than 60 days after enactment of the Aero13 nautics and Space Policy Act of 1994, transmit the man14 agement plan to the Committee on Science, Space, and

15 Technology of the House of Representatives and the Com16 mittee on Commerce, Science, and Transportation of the

17 Senate.’’;

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

19 502(c)(7), by striking ‘‘section 506’’ and inserting

20 ‘‘section 507’’;

21 (8) in section 102(b)(1), by striking ‘‘by the ex22 pected end of the design life of Landsat 6’’ and insert23 ing in lieu thereof ‘‘by the predicted end of life of

24 Landsat 5, or as soon as practicable thereafter’’;
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1 (9) in section 103(a), by striking ‘‘section 105’’

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

3 (10) by adding at the end of section 103 the fol4 lowing:

5 ‘‘(c) IMPLEMENTATION OF AGREEMENT.—If negotia6 tions under subsection (a) result in an agreement that the

7 Landsat Program Management determines generally

8 achieves the goal stated in paragraphs (1) through (8) of

9 subsection (a), the Landsat Program Management shall

10 award an extension, until the practical demise of Landsat

11 4 or Landsat 5, whichever occurs later, of the existing con12 tract with the Landsat 6 contractor incorporating the terms

13 of such agreement.’’;

14 (11) by striking section 104 and redesignating

15 section 105 as section 104;

16 (12) in section 201(c), by amending the second

17 sentence thereof to read as follows: ‘‘If the Secretary

18 determines that the license requested by the applicant

19 should not be issued, the Secretary shall inform the

20 applicant within such 120-day period of the reasons

21 for such determination and the specific actions re22 quired of the applicant to obtain a license.’’;

23 (13) in section 202(b)(6), by inserting ‘‘signifi24 cant or substantial’’ before ‘‘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 follow4 ing 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 sys9 tem licensed pursuant to this title, the Secretary shall re10 port to the Congress the reasons for such determination, the

11 limitations imposed on the licensee, and the period during

12 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 the

25 following:
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1 ‘‘(a) RESPONSIBILITY OF SECRETARY OF DEFENSE.—

2 The Secretary shall consult with the Secretary of Defense

3 on all matters under this Act affecting national security.

4 The Secretary of Defense shall be responsible for determin5 ing those conditions, consistent with this Act, necessary to

6 meet national security concerns of the United States and

7 for notifying the Secretary promptly of such conditions.

8 Within 60 days after receiving a request from the Secretary,

9 the Secretary of Defense shall recommend any conditions

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

11 that the Secretary of Defense determines are needed to pro12 tect the national security of the United States. If no such

13 recommendations have been received by the Secretary with14 in such 60-day period, the Secretary may deem activities

15 proposed in the license application to be consistent with the

16 protection of the national security of the United States.

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

18 ‘‘(1) The Secretary shall consult with the Sec19 retary of State on all matters under this Act affecting

20 international obligations of the United States. The

21 Secretary of State shall be responsible for determining

22 those conditions, consistent with this Act, necessary to

23 meet international obligations and policies of the

24 United States and for notifying the Secretary

25 promptly of such conditions. Within 60 days after re-
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1 ceiving a request from the Secretary, the Secretary of

2 State shall recommend any conditions for a license is3 sued under title II, consistent with this Act, that the

4 Secretary of State determines are needed to meet ex5 isting international obligations of the United States.

6 If no such recommendations have been received by the

7 Secretary within such 60-day period, the Secretary

8 may deem activities proposed in the license applica9 tion to be consistent with existing international obli10 gations of the United States.’’.

11 TITLE IV—TECHNOLOGY INVEST12 MENT POLICY FOR AERO13 NAUTICS AND SPACE

14 SEC. 401. FINDINGS.

15 The Congress finds that—

16 (1) the United States aerospace industry has

17 provided a major contribution to the competitiveness

18 of the United States;

19 (2) the international market share of the United

20 States aerospace industry has steadily eroded due to

21 competition from foreign consortia that receive sub22 stantial direct subsidies from their governments;

23 (3) the United States aerospace industry has

24 been severely impacted by the reductions in defense
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1 spending, leading to reduced levels of research and de2 velopment investment by industry;

3 (4) increased contribution to the health of the

4 United States economy by the National Aeronautics

5 and Space Administration is important to the long6 term support of civilian aeronautics and space activi7 ties; and

8 (5) no effective means have been developed by

9 which the National Aeronautics and Space Adminis10 tration can accurately measure the contribution of its

11 research toward achieving United States competitive12 ness and maintaining technological leadership.

13 SEC. 402. AERONAUTICS AND SPACE POLICY OF THE NA14 TIONAL AERONAUTICS AND SPACE ADMINIS15 TRATION.

16 It is the policy of the United States that—

17 (1) improving the competitive capability of the

18 United States industry shall be a fundamental goal of

19 the aeronautical and space research and development

20 programs of the National Aeronautics and Space Ad21 ministration;

22 (2) the investment in aeronautics and space tech23 nology by the National Aeronautics and Space Ad24 ministration shall be closely coordinated with United

25 States industry; and
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1 (3) the establishment of industry-led,

2 precompetitive consortia, alliances, or other entities

3 shall be encouraged to better identify and coordinate

4 the industry requirements for advanced technologies

5 and facilities.

6 SEC. 403. AMENDMENTS TO THE NATIONAL AERONAUTICS

7 AND SPACE ACT OF 1958.

8 (a) TECHNICAL CORRECTION AMENDMENTS.—

9 (1) Section 214 of the National Aeronautics and

10 Space Administration Authorization Act, Fiscal Year

11 1989 is amended by striking ‘‘(c)’’ both places it ap12 pears and inserting in lieu thereof ‘‘(d)’’.

13 (2) The amendment made by paragraph (1) shall

14 be effective as of the date of enactment of the Act re15 ferred to in paragraph (1).

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

17 the national Aeronautics and Space Act of 1958 (42 U.S.C.

18 2476(a)) is amended—

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

20 thereof ‘‘May’’ and

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

22 thereof ‘‘fiscal’’.

23 (c) COMPETITIVENESS.—Section 102 of the National

24 Aeronautics and Space Act of 1958 (42 U.S.C. 2451) is

25 amended—
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1 (1) by striking subsection (e) and inserting the

2 following:

3 ‘‘(e) The aeronautical and space activities of the Unit4 ed States shall be conducted so as to contribute materially

5 to the economic growth, competitiveness, and productivity

6 of the Nation.’’;

7 (2) by striking subsection (f) and by redesignat8 ing subsections (g) and (h), as subsections (f) and (g),

9 respectively; and

10 (3) in subsection (g), as so redesignated, by strik11 ing ‘‘(f), and (g)’’ and inserting ‘‘and (f)’’.

12 (d) AIR TRANSPORTATION.—Section 102(d) of such

13 Act is amended—

14 (1) by striking ‘‘and’’ in (8) and

15 (2) by adding the following after ‘‘(9)’’:

16 ‘‘(10) The research required for the improvement

17 of the safety, capacity, and efficiency of the United

18 States air transportation system through close coordi19 nation among the agencies of the Federal Govern20 ment.’’.

21 SEC. 404. TECHNOLOGY DEVELOPMENT AND COMMER22 CIALIZATION GOALS.

23 The Administrator shall require that, to the maximum

24 extent practicable, aeronautical and space projects of the

25 National Aeronautics and Space Administration—
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1 (1) incorporate a technology plan that fosters

2 technological advances of value to the mission of the

3 National Aeronautics and Space Administration

4 which benefits the economy of the United States and

5 reduces the life cycle costs of such projects;

6 (2) promote commercial technology applications;

7 (3) measure and evaluate technology development

8 and the potential for commercialization; and

9 (4) seek the involvement of United States indus10 try.

11 SEC. 405. INDUSTRY TECHNOLOGY PROGRAM.

12 (a) PURPOSE; CRITERIA.—The Administrator shall es13 tablish a competitive program under which the Adminis14 trator may fund research and development projects pro15 posed by industry-led consortia, alliances, or other entities,

16 for the purpose of advancing aeronautics and space tech17 nologies. In selecting projects to be funded under this sec18 tion, the Administrator shall weigh and consider—

19 (1) the extent of funding provided by industry

20 for such project;

21 (2) each project’s scientific and technical merit;

22 (3) the potential of the project to advance mis23 sion needs of the National Aeronautics and Space Ad24 ministration;
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1 (4) each project’s potential to advance tech2 nologies that enhance the competitiveness of United

3 States industry in global markets; and

4 (5) such other criteria as the Administrator con5 siders appropriate to carry out the purposes of this

6 section.

7 (b) COST-SHARING.—Amounts appropriated for this

8 program may be obligated only to the extent that an equal

9 or greater amount of non-Federal funding is provided for

10 this program. Of the non-Federal funding provided for this

11 program, the Administrator shall require contributions

12 from sources other than those identified as Independent Re13 search and Development.

14 (c) FINANCING MECHANISMS.—In funding the tech15 nology projects selected under this section, the Adminis16 trator is encouraged—

17 (1) to make greater use of the authority of the

18 National Aeronautics and Space Administration

19 under section 203(c)(5) of the National Aeronautics

20 and Space Act of 1958 (42 U.S.C. 2473(c)(5)) espe21 cially when applied to non-aerospace firms; and

22 (2) to enter into innovative procurement, financ23 ing, and management arrangement, consistent with

24 existing statutes.
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1 (d) COORDINATION WITH FEDERAL AGENCIES.—In

2 carrying out this section, the Administrator shall consult

3 with the Secretaries of Commerce, Defense, Energy, and

4 Transportation and with such other Federal agency heads

5 as the Administrator considers appropriate.

6 SEC. 406. CONDITIONS ON TECHNOLOGY INVESTMENT;

7 ECONOMIC BENEFIT.

8 In funding technology programs and activities under

9 this title, the Administrator shall ensure that the principal

10 economic benefits accrue to the economy of the United

11 States. The Administrator may consider such specific cri12 teria as appropriate, and in developing such criteria, shall

13 consult with appropriate Federal agency heads.

14 SEC. 407. ROLE OF PROCUREMENT IN TECHNOLOGY IN15 VESTMENT.

16 The Administrator, in meeting aeronautical and space

17 mission needs, shall coordinate and direct resources of the

18 National Aeronautics and Space Administration in the

19 area of procurement to—

20 (1) advance state-of-the-art technologies;

21 (2) assess and procure, where appropriate, com22 mercially available technologies from the marketplace;

23 (3) use performance incentives; and

24 (4) reduce the paperwork requirements associated

25 with procurement.
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1 SEC. 408. COORDINATION WITH OTHER FEDERAL PRO2 GRAMS.

3 (a) TECHNOLOGY PROGRAMS AND TECHNOLOGY

4 TRANSFER PROGRAMS.—To ensure a consistent Federal in5 vestment policy and to preclude multiple awards for a sin6 gle proposal, the Administrator shall ensure that the tech7 nology investment activities established under this title are

8 coordinated closely with existing and future—

9 (1) Federal technology programs such as the

10 Technology Reinvestment Program of the Advanced

11 Research Projects Agency and the Advanced Tech12 nology Program of the National Institute of Stand13 ards and Technology; and

14 (2) Federal technology transfer programs and ac15 tivities established to promote and advocate the use of

16 technologies developed in the Federal laboratories.

17 (b) IDENTIFICATION OF FUNDING RECEIVED FROM

18 OTHER AGENCIES.—The Administrator shall identify, as

19 part of the annual budget submission to Congress, all fund20 ing received by the National Aeronautics and Space Admin21 istration from other Federal agencies for technology invest22 ment and development, including funds from programs list23 ed in (a)(1) above.

24 SEC. 409. INTERAGENCY TECHNOLOGY INITIATIVES.

25 As part of the National Aeronautics and Space Ad26 ministration’s annual budget submission to Congress, the
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1 Administrator shall identify funding requirements, project

2 milestones, and 5-year budget projections, for the portion

3 undertaken by the National Aeronautics and Space Admin4 istration of each interagency technology project.

5 SEC. 410. COORDINATION WITH OTHER NASA PROGRAMS.

6 (a) SMALL BUSINESS INNOVATION RESEARCH.—The

7 Administrator shall coordinate the technology investment

8 activities under this title with the Small Business Innova9 tion Research activities of the National Aeronautics and

10 Space Administration to ensure the effectiveness of funding

11 to small businesses, to the maximum extent permitted by

12 law.

13 (b) INDEPENDENT RESEARCH AND DEVELOPMENT

14 FUNDS.—The Administrator shall identify all funds pro15 vided to contractors of the National Aeronautics and Space

16 Administration for activities commonly referred to as

17 ‘‘Independent Research and Development’’ and coordinate

18 such funds with the technology investment activities under

19 this title.

20 (c) TECHNOLOGY TRANSFER AND COMMERCIAL PRO21 GRAMS.—The Administrator shall coordinate the activities

22 of ongoing and future technology transfer, innovation, and

23 commercial programs of the National Aeronautics and

24 Space Administration with the technology investment ac25 tivities under this title.
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1 SEC. 411. PERSONNEL INCENTIVES.

2 To encourage the personnel of the National Aeronautics

3 and Space Administration to pursue technology innovation

4 and development, the Administrator shall provide personnel

5 incentives, including—

6 (1) promotions and within-grade increases;

7 (2) bonuses and cash awards under the inven8 tions and contributions system and senior executive

9 service; and

10 (3) paid leave, sabbaticals, or intergovernmental

11 personnel transfers to other Federal agencies or the

12 private sector to pursue technology innovation and

13 development, as the Administrator deems appropriate.

14 SEC. 412. ANNUAL REPORT TO CONGRESS.

15 The Administrator shall assess the technology invest16 ment activities established under this title and shall submit

17 a report to Congress on the results of such assessment of

18 activities. The report shall accompany the annual budget

19 submission to Congress.

20 SEC. 413. APPLICATION OF ANTITRUST LAWS.

21 Nothing in this title shall be construed to create an

22 immunity from any civil or criminal action under any

23 Federal or State antitrust law, or to alter or restrict in

24 any manner the applicability of any Federal or State anti25 trust law.
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1 SEC. 414. DEFINITIONS.

2 For the purposes of this title, the term—

3 (1) ‘‘Federal laboratory’’ has the meaning given

4 such term in section 4(6) or the Stevenson-Wydler

5 Technology Innovation Act of 1980 (15 U.S.C.

6 3703(6)).

7 (2) ‘‘United States’’ means the several States, the

8 District of Columbia, Puerto Rico, the Virgin Islands,

9 Guam, American Samoa, the Northern Mariana Is10 lands, and any other territory or possession of the

11 United States.

12 TITLE V—NATIONAL AERO13 NAUTICS AND SPACE ADMIN14 ISTRATION BUDGET

15 SEC. 501. SHORT TITLE.

16 This title may be cited as the ‘‘National Aeronautics

17 and Space Administration Consistency in Budgeting Act

18 of 1994’’.

19 SEC. 502. FIVE-YEAR PLAN.

20 (a) IN GENERAL.—The Administrator of the National

21 Aeronautics and Space Administration shall submit to

22 Congress each year, not more than 30 days after the date

23 on which the President’s budget is submitted to Congress

24 under section 1105(a) of title 31, United States Code, a 5-

25 year program plan reflecting the expenditures and proposed
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1 appropriations included in the President’s budget for the

2 Administration.

3 (b) CONSISTENCY OF AMOUNTS.—

4 (1) IN GENERAL.—The Administrator shall en5 sure that the amounts described in paragraph (2)(A)

6 for any fiscal year are consistent with amounts de7 scribed in paragraph (2)(B) for that fiscal year.

8 (2) AMOUNTS DESCRIBED.—The amounts re9 ferred to in paragraph (1) are—

10 (A) the amount specified in program and

11 budget information submitted to Congress by the

12 Administrator in support of expenditure esti13 mates and proposed appropriations in the Presi14 dent’s budget submitted under section 1105(a) of

15 title 31, United States Code, for any fiscal year,

16 as shown in the 5-year program plan submitted

17 under subsection (a); and

18 (B) the total amount of estimated expendi19 tures and proposed appropriations necessary to

20 support the programs, projects, and activities of

21 the Administration, included under such section

22 in the President’s budget submitted for any fiscal

23 year.
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Amend the title so as to read: ‘‘An Act to amend the

National Aeronautics and Space Act of 1958, and for

other purposes.’’.

Attest:

Secretary.
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