II

103D CONGRESS

1ST SESSION S. 1742

To authorize appropriations to the National Aeronautics and Space Administration for research and development, space flight, control, and data

communications, construction of facilities, research and program management, and Inspector General, and for other purposes.

IN THE SENATE OF THE UNITED STATES

NOVEMBER 20 (legislative day, NOVEMBER 2), 1993

Mr. ROCKEFELLER introduced the following bill; which was read twice and

referred to the Committee on Commerce, Science, and Transportation

A BILL

To authorize appropriations to the National Aeronautics and

Space Administration for research and development,

space flight, control, and data communications, construction of facilities, research and program management, 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 Year

6 1994’’.
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1 SEC. 2. FINDINGS.

2 The Congress finds and declares the following:

3 (1) The end of the Cold War provides unprece4 dented opportunities for civilian and defense agen5 cies to coordinate and leverage resources and exper6 tise in pursuing civilian research and development.

7 (2) The National Aeronautics and Space Ad8 ministration undertakes research and development of

9 technologies that could contribute to the competitive10 ness of United States industry.

11 (3) New international alliances for major

12 science and technology projects such as the Space

13 Station should be forged when domestic economic

14 concerns, as well as foreign policy issues, can be ad15 dressed.

16 (4) The success of the Redesigned Space Sta17 tion rests in the ability of the National Aeronautics

18 and Space Administration to capitalize on the exper19 tise of the Space Station Freedom program and to

20 work closely with its contractor workforce and inter21 national partners.

22 (5) Appointing a Deputy Administrator and

23 Chief Financial Officer for the National Aeronautics

24 and Space Administration is necessary to implement

25 and manage changes in personnel and programs.
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1 (6) The competitiveness of the United States

2 aeronautics industry may be strengthened by in3 creased Federal investment in selected aeronautics

4 technologies.

5 (7) The space program undertakes unique

6 health-related research which can be enhanced and

7 leveraged through close collaboration with the Na8 tional Institutes of Health.

9 TITLE I—AUTHORIZATION OF

10 APPROPRIATIONS

11 SEC. 101. FISCAL YEAR 1994 AUTHORIZATION OF APPRO12 PRIATIONS.

13 (a) RESEARCH AND DEVELOPMENT.—There are au14 thorized to be appropriated to the National Aeronautics

15 and Space Administration to become available October 1,

16 1993, for ‘‘Research and Development’’ for the following

17 programs:

18 (1) Redesigned Space Station, $1,946,000,000,

19 of which $1,000,000,000 may not be obligated until

20 the National Aeronautics and Space Administration

21 reports to the Committee on Commerce, Science,

22 and Transportation of the Senate and the Commit23 tee on Science, Space, and Technology of the House

24 of Representatives on the final configuration, sched25 ule, and costs of the Redesigned Space Station com-
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1 pared with the configuration, schedule, and costs of

2 the Space Station Freedom program.

3 (2) Technology Investments, $20,000,000, to

4 initiate industry technology investment initiatives,

5 except that no funds appropriated pursuant to this

6 Act may be obligated for the establishment of any

7 Technology Research Institute unless otherwise spe8 cifically provided for by law.

9 (3) Space Transportation Capability Develop10 ment, $689,200,000, of which $20,000,000 is au11 thorized to develop improvements in existing expend12 able launch vehicles.

13 (4) Physics and Astronomy, $1,074,700,000, of

14 which $20,000,000 is authorized for augmenting the

15 funding for Mission Operations and Data Analysis.

16 (5) Planetary Exploration, $654,300,000, of

17 which—

18 (A) $65,000,000 is authorized to initiate

19 the Discovery Planetary Program;

20 (B) $125,400,000 is authorized for Re21 search and Analysis; and

22 (C) $1,000,000 is authorized for the costs

23 of terminating the High Resolution Microwave

24 Survey Program.
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1 (6) Life and Microgravity Sciences and Applica2 tions, $485,000,000, of which—

3 (A) $20,000,000 is authorized to fund re4 search with the National Institutes of Health;

5 and

6 (B) $10,000,000 is authorized for a Space

7 Station centrifuge.

8 (7) Mission to Planet Earth, $1,098,900,000,

9 of which—

10 (A) $10,000,000 is authorized to initiate

11 the development of the High Resolution

12 Multispectral Stereo Imager for Landsat 7 with

13 the Department of Defense;

14 (B) $4,000,000 is authorized to initiate a

15 data purchase demonstration program; and

16 (C) $10,000,000 is authorized for the Con17 sortium for International Earth Science Infor18 mation network.

19 (8) Advanced Concepts and Technology,

20 $439,200,000.

21 (9) Aeronautics Research and Technology,

22 $1,020,700,000, of which—

23 (A) $197,200,000 is authorized for High

24 Speed Research;
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1 (B) $90,000,000 is authorized for Ad2 vanced Subsonic Technology; and

3 (C) $65,600,000 is authorized for High

4 Performance Computing and Communications.

5 (10) Transatmospheric Research and Tech6 nology, $20,000,000.

7 (11) Safety, Reliability, and Quality Assurance,

8 $35,300,000.

9 (12) Academic Programs, $86,000,000, of

10 which $7,000,000 is authorized to initiate competi11 tive remote sensing technology applications projects

12 in coordination with existing remote sensing pro13 grams.

14 (13) Tracking and Data Advanced Systems,

15 $25,000,000.

16 (b) SPACE FLIGHT, CONTROL, AND DATA COMMU17 NICATIONS.—There are authorized to be appropriated to

18 the National Aeronautics and Space Administration to be19 come available October 1, 1993, for ‘‘Space Flight, Con20 trol, and Data Communication’’ for the following pro21 grams:

22 (1) Space Shuttle Production and Operational

23 Capability, $1,050,000,000, of which—
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1 (A) $150,000,000 is authorized for the

2 costs of terminating the Advanced Solid Rocket

3 Motor program; and

4 (B) $40,000,000 is authorized to initiate

5 development of an aluminum lithium external

6 tank.

7 (2) Space Shuttle Operations, $2,850,000,000.

8 (3) Space and Ground Networks, Communica9 tions, and Data Systems, $770,000,000.

10 (4) Launch Services, $300,000,000.

11 (c) CONSTRUCTION OF FACILITIES.—There are au12 thorized to be appropriated to the National Aeronautics

13 and Space Administration to become available October 1,

14 1993, for ‘‘Construction of Facilities’’, including land ac15 quisition, as follows:

16 (1) Replacement of Mission Control Center Air

17 Handlers, Johnson Space Center, $8,000,000.

18 (2) Replacement of Thermal Vacuum Helium

19 Refrigeration System, Johnson Space Center,

20 $7,400,000.

21 (3) Rehabilitation of Electrical Distribution

22 System, Project Management Building, Johnson

23 Space Center, $2,200,000.
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1 (4) Modification of Launch Complex 39 Exte2 rior Utility Piping, Kennedy Space Center,

3 $1,200,000.

4 (5) Refurbishment of Launch Complex 39 Cool5 ing System, Kennedy Space Center, $4,000,000.

6 (6) Refurbishment of Launch Complex 39 Sec7 ondary Circuit Breakers, Kennedy Space Center,

8 $3,300,000.

9 (7) Refurbishment of Vehicle Assembly Build10 ing/Pad Water Storage Tanks, Kennedy Space Cen11 ter, $3,000,000.

12 (8) Rehabilitation of Industrial Area Fire

13 Alarm Reporting System, Kennedy Space Center,

14 $4,900,000.

15 (9) Restoration of C–5 Substation, Launch

16 Complex 39 Area, Kennedy Space Center,

17 $5,000,000.

18 (10) Restoration of Class III Landfill, Kennedy

19 Space Center, $1,900,000.

20 (11) Restoration of High Pressure Air Com21 pressor System, Marshall Space Flight Center,

22 $8,500,000.

23 (12) Restoration of Electrical Power System,

24 Marshall Space Flight Center, $2,600,000.
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1 (13) Repair of Decking and Roof, X-Ray and

2 Staging Facility, Michoud Assembly Facility,

3 $1,500,000.

4 (14) Replacement of Cooling Tower and Boiler,

5 Michoud Assembly Facility, $4,000,000.

6 (15) Restoration of Space Shuttle Main Engine

7 Test Complex High Pressure Industrial Water Sys8 tem, Stennis Space Center, $2,300,000.

9 (16) Restoration of High Pressure Gas Storage

10 Capacity, Stennis Space Center, $2,300,000.

11 (17) Restoration of Underground Communica12 tion Distribution System, Stennis Space Center,

13 $3,800,000.

14 (18) Construction of Earth Systems Science

15 Building, Goddard Space Flight Center,

16 $12,000,000.

17 (19) Replacement of Central Plant Steam and

18 Electrical Generation Equipment, Goddard Space

19 Flight Center, $8,600,000.

20 (20) Restoration and Modernization of Chilled

21 Water System, Goddard Space Flight Center,

22 $5,000,000.

23 (21) Restoration of Airfield, Wallops Flight Fa24 cility, $5,200,000.
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1 (22) Replacement of Chillers and Modification

2 of Related Systems, Various Buildings, Jet Propul3 sion Laboratory, $2,900,000.

4 (23) Phase I Facility Studies, Requirements

5 Definition, Design, and Modification and Construc6 tion of National Aeronautics Facilities, Various Lo7 cations, $74,000,000, except that none of these

8 funds may be used to modify, improve, repair, or re9 habilitate existing facilities.

10 (24) Modifications for Composite Technology

11 Center, Lewis Research Center, $27,000,000.

12 (25) National Transonic Facility Productivity

13 Enhancement, Langley Research Center,

14 $60,000,000.

15 (26) Performance Improvements in 11-Foot

16 Wind Tunnel, Ames Research Center, $20,000,000.

17 (27) Rehabilitation of Control Systems, Na18 tional Full-Scale Aerodynamics Complex, Ames Re19 search Center, $2,100,000.

20 (28) Upgrade of Outdoor Aerodynamic Re21 search Facility, Ames Research Center, $3,900,000.

22 (29) Modernization of the Unitary Plan Wind

23 Tunnel Complex, Ames Research Center,

24 $25,000,000.
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1 (30) Construction of EOSDIS Distributed Ac2 tive Archive Center, Langley Research Center,

3 $8,000,000.

4 (31) Rehabilitation of Rocket Engine Test Fa5 cility, Lewis Research Center, $12,500,000.

6 (32) Construction of 34-Meter Multifrequency

7 Antenna, Canberra, Australia, Jet Propulsion Lab8 oratory, $17,600,000.

9 (33) Repair, rehabilitation, and modification of

10 facilities at various locations, not in excess of

11 $1,000,000 per project, $36,000,000.

12 (34) Minor construction of new facilities and

13 additions to existing facilities at various locations,

14 not in excess of $750,000 per project, $14,000,000.

15 (35) Facility Planning and Design,

16 $27,000,000.

17 (36) Environmental Compliance and Restora18 tion, $50,000,000.

19 Notwithstanding paragraphs (1) through (36), the total

20 amount authorized to be appropriated under this sub21 section shall not exceed $476,700,000 and not less than

22 $74,000,000 shall be used for the activities described in

23 paragraph (23). No funds are authorized to be appro24 priated for construction of Space Station Freedom facili25 ties.
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1 (d) RESEARCH AND PROGRAM MANAGEMENT.—

2 There are authorized to be appropriated to the National

3 Aeronautics and Space Administration to become available

4 October 1, 1993, for ‘‘Research and Program Manage5 ment’’ $1,640,000,000.

6 (e) INSPECTOR GENERAL.—There are authorized to

7 be appropriated to the National Aeronautics and Space

8 Administration to become available October 1, 1993, for

9 ‘‘Inspector General’’ $15,500,000.

10 (f) OVERALL LIMITATION ON REDESIGNED SPACE

11 STATION AND RELATED COSTS.—Notwithstanding sub12 sections (a), (b), (c), and (d), the total amount authorized

13 to be appropriated under this section for the Redesigned

14 Space Station and related Space Station costs, including

15 scientific payloads and launch integration, shall not exceed

16 $2,100,000,000.

17 SEC. 102. PERMANENT AUTHORIZATION FOR EXPERI18 MENTAL PROGRAM TO STIMULATE COMPETI19 TIVE RESEARCH ON SPACE AND AERO20 NAUTICS.

21 The Administrator of the National Aeronautics and

22 Space Administration (hereinafter referred to as the ‘‘Ad23 ministrator’’) shall ensure that at least $15,000,000 from

24 appropriations under ‘‘Research and Development’’ is

25 used annually for the Experimental Program to Stimulate
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1 Competitive Research on Space and Aeronautics as estab2 lished in title III of the National Aeronautics and Space

3 Authorization Act, Fiscal Year 1993 (Public Law 102–

4 588; 106 Stat. 5119).

5 SEC. 103. USE OF FUNDS FOR CERTAIN ITEMS AND GRANTS.

6 (a) AUTHORIZED USES.—Appropriations authorized

7 under sections 101(a) and 101(b) may be used for—

8 (1) any items of a capital nature (other than

9 acquisition of land) which may be required at loca10 tions other than installations of the National Aero11 nautics and Space Administration for the perform12 ance of research and development contracts; and

13 (2) grants to institutions of higher education,

14 or to nonprofit organizations whose primary purpose

15 is the conduct of scientific research, for purchase or

16 construction of additional research facilities.

17 (b) VESTING OF TITLE; GRANT CONDITIONS.—Title

18 to facilities described in subsection (a)(2) shall be vested

19 in the United States unless the Administrator determines

20 that the national program of aeronautical and space activi21 ties will best be served by vesting title in the grantee insti22 tution or organization or that the Federal contribution to

23 such purchase or construction is not substantial enough

24 to warrant vesting title in the United States. Each grant

25 under subsection (a)(2) shall be made under such condi-
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1 tions as the Administrator shall determine to be required

2 to ensure that the United States will receive therefrom

3 benefits adequate to justify the making of that grant.

4 (c) LIMITATION.—None of the funds appropriated

5 under sections 101(a) and 101(b) may be used in accord6 ance with this section for the construction of any facility,

7 the estimated cost of which, including collateral equip8 ment, exceeds $750,000 unless 30 days have passed after

9 the Administrator has notified the Committee on Com10 merce, Science, and Transportation of the Senate and the

11 Committee on Science, Space, and Technology of the

12 House of Representatives of the nature, location, and esti13 mated cost of such facility.

14 SEC. 104. AVAILABILITY OF APPROPRIATED AMOUNTS.

15 Appropriations authorized under section 101 (a), (b),

16 and (c) may remain available until expended. Contracts

17 may be entered into with funds appropriated under section

18 101(d) or (e) for training, investigations, and costs associ19 ated with personnel relocation and for other services pro20 vided during the fiscal year following the fiscal year for

21 which funds are appropriated.

22 SEC. 105. LIMITED USE OF FUNDS.

23 (a) USE FOR SCIENTIFIC CONSULTATIONS OR EX24 TRAORDINARY EXPENSES.—Appropriations authorized

25 under section 101(a) may be used, but not to exceed
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1 $35,000 per fiscal year, for scientific consultations or ex2 traordinary expenses upon the authority of the Adminis3 trator, and the Administrator’s determination shall be

4 final and conclusive upon the accounting officers of the

5 Government.

6 (b) USE FOR FACILITIES.—(1) Except as provided

7 in paragraph (3), appropriations authorized under sec8 tions 101(a) and 101(b) may be used for the construction

9 of new facilities and additions to, repair of, rehabilitation

10 of, or modification of existing facilities, except that the

11 cost of each such project, including collateral equipment,

12 shall not exceed $200,000 per fiscal year.

13 (2) Appropriations authorized under sections 101(a)

14 and 101(b) may be used for unforeseen programmatic fa15 cility project needs, other than those described in para16 graph (1), except that the cost of each such project, in17 cluding collateral equipment, shall not exceed $750,000

18 per fiscal year.

19 (3) Appropriations authorized under section 101(a)

20 may be used for repair, rehabilitation, or modification of

21 facilities controlled by the General Services Administra22 tion, except that the cost of each such project, including

23 collateral equipment, shall not exceed $500,000 per fiscal

24 year.
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1 (4) Notwithstanding any other provision of this sec2 tion, authority to reprogram appropriations authorized

3 under sections 101(a) and 101(b) does not apply to appro4 priations authorized under sections 101(a)(1) and

5 101(a)(9).

6 SEC. 106. REPROGRAMMING FOR CONSTRUCTION OF FA7 CILITIES.

8 Appropriations authorized under section 101(c)—

9 (1) in the discretion of the Administrator may

10 be varied upward by 10 percent; or

11 (2) after the expiration of 30 days of following

12 a report by the Administrator to the Committee on

13 Commerce, Science, and Transportation of the Sen14 ate and the Committee on Science, Space, and Tech15 nology of the House of Representatives on the cir16 cumstances of such action, may be varied upward by

17 24 percent, to meet unusual cost variations.

18 The total amount authorized to be appropriated under sec19 tion 101(c) shall not be increased as a result of actions

20 authorized under paragraphs (1) and (2) of this section.

21 SEC. 107. CONSIDERATION BY COMMITTEES.

22 Notwithstanding any other provision of this Act—

23 (1) no amount appropriated pursuant to this

24 Act may be used for any program deleted by the

25 Congress from requests as originally made by the
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1 President for the National Aeronautics and Space

2 Administration to either the Committee on Com3 merce, Science, and Transportation of the Senate or

4 the Committee on Science, Space, and Technology of

5 the House of Representatives;

6 (2) no amount appropriated pursuant to this

7 Act may be used for any program in excess of the

8 amount actually authorized for the particular pro9 gram by section 101(a), 101(b), or 101(d); and

10 (3) no amount appropriated pursuant to the

11 Act may be used for any program which has not

12 been presented to either such committee,

13 unless a period of 30 days has passed after the receipt,

14 by each such committee, of notice given by the Adminis15 trator containing a full and complete statement of the ac16 tion proposed to be taken and the facts and circumstances

17 relied upon in support of such proposed action. The Na18 tional Aeronautics and Space Administration shall keep

19 the Committee on Commerce, Science, and Transportation

20 of the Senate and the Committee on Science, Space, and

21 Technology of the House of Representatives fully and cur22 rently informed with respect to all activities and respon23 sibilities within the jurisdiction of those committees. Any

24 Federal department, agency, or independent establishment
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1 shall furnish any information requested by either commit2 tee relating to any such activity or responsibility.

3 SEC. 108. LIMITATION ON OBLIGATION OF UNAUTHORIZED

4 APPROPRIATIONS.

5 Not later than 30 days after the later of the date

6 of enactment of an Act making appropriations to the Na7 tional Aeronautics and Space Administration for fiscal

8 year 1994 or the date of enactment of the Act, the Admin9 istrator shall submit a report of Congress and to the

10 Comptroller General which specifies—

11 (1) the portion of such appropriations which are

12 for programs, projects, or activities not specifically

13 authorized under this Act, or which are in excess of

14 amounts authorized for the relevant program,

15 project, or activity under this Act; and

16 (2) the portion of such appropriations which are

17 specifically authorized under this Act.

18 SEC. 109. SPECIAL REPROGRAMMING FOR SPACE CO19 OPERATION WITH RUSSIA.

20 The Administrator may reprogram up to

21 $100,000,000 of the amount authorized for ‘‘Research

22 and Development’’ and ‘‘Space Flight, Control, and Data

23 Communications’’ (except for funds authorized under sec24 tions 101(a)(1) and 101(a)(9)) for purposes of cooperat25 ing with Russia in space. No funds so reprogrammed may
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1 be obligated until a period of 30 days has passed after

2 the Administrator has notified the Committee on Com3 merce, Science, and Transportation of the Senate and the

4 Committee on Science, Space, and Technology of the

5 House of Representatives of such reprogramming.

6 TITLE II—MISCELLANEOUS PROVISIONS

7 SEC. 201. USE OF NASA LIFE SCIENCES FACILITIES.

8 The Administrator shall issue regulations to provide

9 use of life sciences facilities by extramural investigators

10 pursuant to title VI of the National Aeronautics and Space

11 Administration Authorization Act, Fiscal Year 1993 (42

12 U.S.C. 2487 et seq.) and enter into reciprocal agreements

13 with the National Institutes of Health to provide access

14 to the ground-based research facilities of the National Aer15 onautics and Space Administration in life sciences.

16 SEC. 202. ORBITAL RESEARCH PLAN.

17 The Administrator shall, at the time of submission

18 of the President’s fiscal year 1995 budget, transmit to the

19 Congress a detailed Orbital Research Plan that establishes

20 the science research priorities for the next 5 years for life

21 sciences, materials research, and biotechnology research.

22 The plan shall include budgets, with the associated sup23 port costs, for the Spacelab, Spacehab, Comet, Mir, and

24 Redesigned Space Station programs.
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1 SEC. 203. INDEPENDENT INVESTIGATIONS FOLLOW-UP.

2 The Administrator shall report annually, to the Com3 mittee on Commerce, Science, and Transportation of the

4 Senate and the Committee on Science, Space, and Tech5 nology of the House of Representatives at the time of the

6 submission of the President’s budget request, on—

7 (1) all actions taken by the National Aero8 nautics and Space Administration to remedy prob9 lems and adopt recommendations identified by each

10 panel convened to investigate vehicle or systems fail11 ures and losses; and

12 (2) where such recommendations have not been

13 adopted, the reasons for not pursuing such rec14 ommendations.

15 SEC. 204. REQUIREMENT FOR INDEPENDENT COST ANALY16 SIS.

17 The Chief Financial Officer for the National Aero18 nautics and Space Administration shall be responsible for

19 conducting independent cost analyses of all new projects

20 estimated to cost $200,000,000 or more, including the life

21 cycle costs of research and development, space transpor22 tation, construction of facilities, and research and pro23 gram management, and shall report the results and up24 date the results annually to Congress at the time of the

25 submission of the President’s budget request.
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1 SEC. 205. FACILITIES REVIEW.

2 (a) REVIEW.—The Administrator shall conduct a re3 view of the costs of maintaining all facilities owned by the

4 National Aeronautics and Space Administration. The re5 view shall address—

6 (1) the function of each facility and its con7 tribution to National Aeronautics and Space Admin8 istration missions;

9 (2) the current estimated value of each facility

10 and associated land, including details on assets and

11 liabilities; and

12 (3) operating costs of each facility.

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

14 results of the facilities review required by subsection (a),

15 to the Committee on Commerce, Science, and Transpor16 tation of the Senate and the Committee on Science, Space,

17 and Technology of the House of Representatives at the

18 time the President submits the fiscal year 1995 budget

19 to Congress.

20 SEC. 206. COMMERCIAL SPACE LAUNCH TRANSPORTATION.

21 (a) AMENDMENT.—Section 24 of the Commercial

22 Space Launch Act (49 App. U.S.C. 2623) is amended by

23 inserting ‘‘and for fiscal year 1994 $4,467,000’’ after

24 ‘‘$4,900,000’’.’’

25 (b) REGULATIONS.—The Secretary of Transportation

26 shall issue regulations on insurance and liability under the
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1 Commercial Space Launch Act (49 App. U.S.C. 2601 et

2 seq.) that include—

3 (1) guidelines for industry to obtain sufficient

4 insurance coverage for potential damages to third

5 parties;

6 (2) procedures for requesting and obtaining li7 censes to operate a commercial launch vehicle and

8 reentry vehicle;

9 (3) procedures for requesting and obtaining op10 erators licenses for launch and reentry; and

11 (4) procedures for the application of govern12 ment indemnification.

13 SEC. 207. OFFICE OF AERONAUTICS AND SPACE COM14 MERCE AUTHORIZATION.

15 There are authorized to be appropriated to the Sec16 retary of Commerce for the Office of Aeronautics and

17 Space Commerce $538,000 for the coordination and devel18 opment of all policy recommendations and activities per19 taining to commercial aeronautics and space except those

20 functions and activities explicitly assigned by statute to

21 other Federal agencies.

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