I

103D CONGRESS

1ST SESSION H. R. 2200

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 HOUSE OF REPRESENTATIVES

MAY 20, 1993

Mr. BROWN of California (for himself, Mr. HALL, Mr. VOLKMER, Mr. TRAFICANT, Mr. BACCHUS of Florida, Mr. CRAMER, Ms. ESHOO, Mr. MCCURDY, and Mr. PETE GEREN of Texas) introduced the following bill; which

was referred to the Committee on Science, Space, and Technology

A BILL

To authorize appropriations to the National Aeronautics and

Space Administration for 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 Years

6 1994 and 1995’’.
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1 SEC. 2. FINDINGS.

2 The Congress finds and declares that—

3 (1) the civil space program has the potential to

4 contribute to the advancement of technologies criti5 cal to the competitiveness and productivity of United

6 States industry;

7 (2) the development of such technologies is a

8 valid purpose of the civil space program and should

9 be pursued as a direct objective;

10 (3) the reduction in international tensions and

11 the end of the Cold War provide an opportunity for

12 the National Aeronautics and Space Administration

13 to achieve a closer coordination with defense-related

14 agencies and, consistent with the National Aero15 nautics and Space Act of 1958, to reduce overlap

16 and duplication among Federal space programs and

17 to take greater advantage of other Federal space ca18 pabilities;

19 (4) the National Aeronautics and Space Admin20 istration should play an active role in preserving a

21 robust space industrial base and should seek to

22 strengthen incentives for industry to conduct re23 search and development for both Federal mission

24 needs and the diversification of space-related appli25 cations; and
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1 (5) in the conduct of its space activities, the

2 United States should employ the existing space as3 sets and capabilities of the former Soviet Union on

4 a selective basis when unique programmatic benefits

5 are offered, and should encourage a collaboration be6 tween United States industry and the privatizing

7 space organizations of the former Soviet Union in

8 developing future space capabilities.

9 TITLE I—AUTHORIZATION OF

10 APPROPRIATIONS

11 Subtitle A—Authorizations

12 SEC. 101. RESEARCH AND DEVELOPMENT.

13 (a) SPACE STATION FREEDOM.—

14 (1) AUTHORIZATION.—There are authorized to

15 be appropriated to the National Aeronautics and

16 Space Administration for ‘‘Research and Develop17 ment’’ for the Space Station Freedom,

18 $1,900,000,000 for fiscal year 1994,

19 $1,900,000,000 for fiscal year 1995,

20 $1,900,000,000 for fiscal year 1996,

21 $1,900,000,000 for fiscal year 1997,

22 $1,900,000,000 for fiscal year 1998,

23 $1,900,000,000 for fiscal year 1999, and

24 $1,300,000,000 for fiscal year 2000.
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1 (2) SCOPE OF PROGRAM.—The Space Station

2 Freedom shall be designed to provide the capability

3 for productive scientific and engineering research in

4 low Earth orbit, shall be capable of incorporating

5 advanced technologies over the operational life of the

6 Space Station for the purposes of increasing the pro7 ductivity of research and reducing the costs of oper8 ation, shall include a habitation module as part of

9 its permanently manned configuration, and shall be

10 developed in accordance with the international agree11 ments in place as of the date of enactment of this

12 Act.

13 (3) ADDITIONAL FOREIGN PARTICIPATION.—

14 The Space Station Freedom program shall, where

15 feasible, employ the existing space assets and capa16 bilities of the former Soviet Union on a selective

17 basis when such use will reduce the cost of develop18 ing and operating the Space Station Freedom to the

19 United States and its international partners. Any

20 proposed use of such assets and capabilities shall be

21 in accordance with the international agreements in

22 place as of the date of enactment of this Act.

23 (4) PROGRAM MANAGEMENT OFFICE.—The Na24 tional Aeronautics and Space Administration shall

25 maintain a strong, independent Space Station Pro-
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1 gram Management Office with financial control of

2 the program budget at least through the date of the

3 First Element Launch, unless the Administrator of

4 the National Aeronautics and Space Administration

5 (in this Act referred to as the ‘‘Administrator’’) cer6 tifies to the Congress that an alternative manage7 ment approach will save money and will not result

8 in increased annual funding requirements or sched9 ule delays.

10 (b) OTHER RESEARCH AND DEVELOPMENT.—There

11 are authorized to be appropriated to the National Aero12 nautics and Space Administration for ‘‘Research and De13 velopment’’ for—

14 (1) Technology Investment Program, estab15 lished under title II of this Act, $22,000,000 for fis16 cal year 1994, and $40,000,000 for fiscal year 1995,

17 none of which shall be available for administrative

18 expenses of the National Aeronautics and Space Ad19 ministration, except that no funds appropriated pur20 suant to this Act may be obligated for the establish21 ment of any Technology Research Institutes unless

22 otherwise specifically provided for by law;

23 (2) Space Transportation Capability Develop24 ment, $716,200,000 for fiscal year 1994, and

25 $792,300,000 for fiscal year 1995, of which
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1 $7,000,000 for fiscal year 1994 are authorized to

2 support the development of improvements in existing

3 expendable launch vehicles, and of which

4 $59,000,000 for fiscal year 1995 are authorized to

5 support the development of advanced launch tech6 nologies and improvements in existing expendable

7 launch vehicles;

8 (3) Physics and Astronomy, $1,074,700,000 for

9 fiscal year 1994, and $1,147,300,000 for fiscal year

10 1995;

11 (4) Planetary Exploration, $557,200,000 for

12 fiscal year 1994, and $561,800,000 for fiscal year

13 1995;

14 (5) Life and Microgravity Sciences and Applica15 tions, $426,000,000 for fiscal year 1994, and

16 $485,700,000 for fiscal year 1995;

17 (6) Mission to Planet Earth—

18 (A) $1,084,900,000 for fiscal year 1994, of

19 which $5,000,000 are authorized for the devel20 opment of instrumentation for and flight of re21 motely piloted aircraft, and of which

22 $10,000,000 may be provided for the Consor23 tium for International Earth Science Informa24 tion Network, except that no funds may be obli25 gated for the Consortium for International
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1 Earth Science Information Network in excess of

2 $10,000,000 in fiscal year 1994 unless an equal

3 amount of matching funding is provided from

4 non-Federal sources; and

5 (B) $1,448,100,000 for fiscal year 1995;

6 (7) Space Research and Technology,

7 $298,200,000 for fiscal year 1994, and

8 $333,100,000 for fiscal year 1995;

9 (8) Commercial Programs, $172,000,000 for

10 fiscal year 1994, and $141,400,000 for fiscal year

11 1995;

12 (9) Aeronautics Research and Technology Pro13 grams—

14 (A) for Research Operations Support,

15 $143,500,000 for fiscal year 1994, and

16 $148,300,000 for fiscal year 1995;

17 (B) for Research and Technology Base ac18 tivities, $448,300,000 for fiscal year 1994, and

19 $433,900,000 for fiscal year 1995;

20 (C) for High-Speed Research,

21 $187,200,000 for fiscal year 1994, and

22 $236,300,000 for fiscal year 1995;

23 (D) for Advanced Subsonic Technology,

24 $101,300,000 for fiscal year 1994, and

25 $128,500,000 for fiscal year 1995, of which
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1 $5,000,000 for fiscal year 1994 and

2 $13,000,000 for fiscal year 1995 shall be for

3 Short-Haul Aircraft, $30,200,000 for fiscal

4 year 1994 and $30,500,000 for fiscal year 1995

5 shall be for Noise Reduction, and $11,500,000

6 for fiscal year 1994 and $13,000,000 for fiscal

7 year 1995 shall be for Technology Integration

8 for Reducing Environmental Pollution;

9 (E) for Other Systems Technology Pro10 grams, $140,400,000 for fiscal year 1994, and

11 $168,000,000 for fiscal year 1995; and

12 (F) for the National Aero-Space Plane

13 Program, $80,000,000 for fiscal year 1994, and

14 $80,000,000 for fiscal year 1995;

15 (10) Safety, Reliability, and Quality Assurance,

16 $35,300,000 for fiscal year 1994, and $38,500,000

17 for fiscal year 1995;

18 (11) Academic Programs, $74,500,000 for fis19 cal year 1994, and $81,500,000 for fiscal year 1995;

20 and

21 (12) Tracking and Data Advanced Systems,

22 $24,600,000 for fiscal year 1994, and $25,100,000

23 for fiscal year 1995.
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1 SEC. 102. SPACE FLIGHT, CONTROL, AND DATA COMMU2 NICATIONS.

3 There are authorized to be appropriated to the Na4 tional Aeronautics and Space Administration for ‘‘Space

5 Flight, Control, and Data Communications’’ for—

6 (1) Space Shuttle Production and Operational

7 Capability, $919,200,000 for fiscal year 1994, and

8 $943,500,000 for fiscal year 1995;

9 (2) Advanced Solid Rocket Motor,

10 $270,400,000 for fiscal year 1994, and

11 $288,800,000 for fiscal year 1995;

12 (3) Space Shuttle Operations, $3,006,500,000

13 for fiscal year 1994, and $2,810,400,000 for fiscal

14 year 1995;

15 (4) Space and Ground Networks, Communica16 tions, and Data Systems, $820,500,000 for fiscal

17 year 1994, and $964,600,000 for fiscal year 1995,

18 including procurement of Tracking and Data Relay

19 Satellites on a fixed-price basis using functional per20 formance specifications, and, to the extent prac21 ticable, seeking to incorporate potential improve22 ments to such Satellites that result in cost savings

23 or a greater probability of returning data; and

24 (5) Launch Services, $300,300,000 for fiscal

25 year 1994, and $313,700,000 for fiscal year 1995.
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1 None of the funds appropriated pursuant to this section

2 shall be used to launch the Advanced X-ray Astrophysics

3 Facility on the Space Shuttle. By fiscal year 2003, the

4 combined annual cost for the production and operation of

5 the Space Shuttle program and the Space Station Free6 dom program shall not exceed, after adjustments for infla7 tion, $4,325,000,000 in fiscal year 1992 dollars.

8 SEC. 103. CONSTRUCTION OF FACILITIES.

9 (a) FISCAL YEAR 1994.—There are authorized to be

10 appropriated to the National Aeronautics and Space Ad11 ministration for fiscal year 1994 for ‘‘Construction of Fa12 cilities’’, including land acquisition, for—

13 (1) Construction of Space Station Freedom Fa14 cilities, $25,000,000;

15 (2) Replacement of Mission Control Center Air

16 Handlers, Johnson Space Center, $8,000,000;

17 (3) Replacement of Thermal Vacuum Helium

18 Refrigeration System, Johnson Space Center,

19 $7,400,000;

20 (4) Rehabilitation of Electrical Distribution

21 System, Project Management Building, Johnson

22 Space Center, $2,200,000;

23 (5) Modification of Launch Complex 39 Exte24 rior Utility Piping, Kennedy Space Center,

25 $1,200,000;
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1 (6) Refurbishment of Launch Complex 39 Cool2 ing System, Kennedy Space Center, $4,000,000;

3 (7) Refurbishment of Launch Complex 39 Sec4 ondary Circuit Breakers, Kennedy Space Center,

5 $3,300,000;

6 (8) Refurbishment of Vehicle Assembly Build7 ing/Pad Water Storage Tanks, Kennedy Space Cen8 ter, $3,000,000;

9 (9) Rehabilitation of Industrial Area Fire

10 Alarm Reporting System, Kennedy Space Center,

11 $4,900,000;

12 (10) Restoration of C–5 Substation, Launch

13 Complex 39 Area, Kennedy Space Center,

14 $5,000,000;

15 (11) Restoration of Class III Landfill, Kennedy

16 Space Center, $1,900,000;

17 (12) Restoration of High Pressure Air Com18 pressor System, Marshall Space Flight Center,

19 $8,500,000;

20 (13) Restoration of Electrical Power System,

21 Marshall Space Flight Center, $2,600,000;

22 (14) Repair of Decking and Roof, X-Ray and

23 Staging Facility, Michoud Assembly Facility,

24 $1,500,000;
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1 (15) Replacement of Cooling Tower and Boiler,

2 Michoud Assembly Facility, $4,000,000;

3 (16) Restoration of Space Shuttle Main Engine

4 Text Complex High Pressure Industrial Water Sys5 tem, Stennis Space Center, $2,300,000;

6 (17) Restoration of High Pressure Gas Storage

7 Capacity, Stennis Space Center, $2,300,000;

8 (18) Restoration of Underground Communica9 tion Distribution System, Stennis Space Center,

10 $3,800,000;

11 (19) Construction of Earth Systems Science

12 Building, Goddard Space Flight Center,

13 $12,000,000;

14 (20) Replacement of Central Plant Steam and

15 Electrical Generation Equipment, Goddard Space

16 Flight Center, $8,600,000;

17 (21) Restoration and Modernization of Chilled

18 Water System, Goddard Space Flight Center,

19 $5,000,000;

20 (22) Restoration of Airfield, Wallops Flight Fa21 cility, $5,200,000;

22 (23) Replacement of Chillers and Modification

23 of Related Systems, Various Buildings, Jet Propul24 sion Laboratory, $2,900,000;
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1 (24) Construction of Advanced Solid Rocket

2 Motor Facilities, Various Locations, $32,600,000;

3 (25) Phase I Facility Studies, Requirements

4 Definition, Design, and Modification and Construc5 tion of National Aeronautics Facilities, Various Lo6 cations, $74,000,000;

7 (26) Modifications for Composite Technology

8 Center, Lewis Research Center, $27,000,000;

9 (27) National Transonic Facility Productivity

10 Enhancement, Langley Research Center,

11 $60,000,000;

12 (28) Performance Improvements in 11-Foot

13 Wind Tunnel, Ames Research Center, $20,000,000;

14 (29) Rehabilitation of Control Systems, Na15 tional Full-Scale Aerodynamics Complex, Ames Re16 search Center, $2,100,000;

17 (30) Upgrade of Outdoor Aerodynamic Re18 search Facility, Ames Research Center, $3,900,000;

19 (31) Modernization of the Unitary Plan Wind

20 Tunnel Complex, Ames Research Center,

21 $25,000,000;

22 (32) Construction of EOSDIS Distributed Ac23 tive Archive Center, Langley Research Center,

24 $8,000,000;
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1 (33) Rehabilitation of Rocket Engine Test Fa2 cility, Lewis Research Center, $12,500,000;

3 (34) Construction of 34-Meter Multifrequency

4 Antenna, Goldstone Facility, Jet Propulsion Labora5 tory, $17,600,000;

6 (35) Repair of facilities at various locations, not

7 in excess of $1,000,000 per project, $36,000,000;

8 (36) Rehabilitation and modification of facilities

9 at various locations, not in excess of $1,000,000 per

10 project, $36,000,000;

11 (37) Minor construction of new facilities and

12 additions to existing facilities at various locations,

13 not in excess of $750,000 per project, $14,000,000;

14 (38) Facility Planning and Design,

15 $27,000,000; and

16 (39) Environmental Compliance and Restora17 tion, $50,000,000.

18 Notwithstanding paragraphs (1) through (39), the total

19 amount authorized to be appropriated under this sub20 section shall not exceed $570,300,000.

21 (b) FISCAL YEAR 1995.—There are authorized to be

22 appropriated to the National Aeronautics and Space Ad23 ministration for fiscal year 1995 for ‘‘Construction of Fa24 cilities’’, including land acquisition, $422,200,000.
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1 SEC. 104. RESEARCH AND PROGRAM MANAGEMENT.

2 There are authorized to be appropriated to the Na3 tional Aeronautics and Space Administration for ‘‘Re4 search and Program Management’’, $1,650,000,000 for

5 fiscal year 1994, and $1,675,000,000 for fiscal year 1995.

6 SEC. 105. INSPECTOR GENERAL.

7 There are authorized to be appropriated to the Na8 tional Aeronautics and Space Administration for ‘‘Inspec9 tor General’’, $15,500,000 for fiscal year 1994, and

10 $16,000,000 for fiscal year 1995.

11 Subtitle B—Limitations and

12 Special Authority

13 SEC. 111. USE OF FUNDS FOR CERTAIN ITEMS AND GRANTS.

14 (a) AUTHORIZED USES.—Appropriations authorized

15 under sections 101 and 102 may be used for—

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

17 acquisition of land) which may be required at loca18 tions other than installations of the National Aero19 nautics and Space Administration for the perform20 ance of research and development contracts; and

21 (2) grants to institutions of higher education,

22 or to nonprofit organizations whose primary purpose

23 is the conduct of scientific research, for purchase or

24 construction of additional research facilities.

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

26 to facilities described in subsection (a)(2) shall be vested
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1 in the United States unless the Administrator determines

2 that the national program of aeronautical and space activi3 ties will best be served by vesting title in the grantee insti4 tution or organization or the Federal contribution to such

5 purchase or construction is not substantial enough to war6 rant vesting title in the United States. Each grant under

7 subsection (a)(2) shall be made under such conditions as

8 the Administrator shall determine to be required to ensure

9 that the United States will receive therefrom benefits ade10 quate to justify the making of that grant.

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

12 under sections 101 and 102 may be used in accordance

13 with this section for the construction of any facility, the

14 estimated cost of which, including collateral equipment,

15 exceeds $750,000, unless 30 days have passed after the

16 Administrator has notified the Committee on Commerce,

17 Science, and Transportation of the Senate and the Com18 mittee on Science, Space, and Technology of the House

19 of Representatives of the nature, location, and estimated

20 cost of such facility.

21 SEC. 112. AVAILABILITY OF APPROPRIATED AMOUNTS.

22 Appropriations authorized under sections 101, 102,

23 and 103 may remain available until expended. Contracts

24 may be entered into with funds appropriated under section

25 104 or 105 for training, investigations, and costs associ-
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1 ated with personnel relocation and for other services pro2 vided during the fiscal year following the fiscal year for

3 which funds are appropriated.

4 SEC. 113. LIMITED USE OF FUNDS.

5 (a) USE FOR SCIENTIFIC CONSULTATIONS OR EX6 TRAORDINARY EXPENSES.—Appropriations authorized

7 under section 101 may be used, but not to exceed $35,000

8 per fiscal year, for scientific consultations or extraordinary

9 expenses upon the authority of the Administrator, and the

10 Administrator’s determination shall be final and conclu11 sive upon the accounting officers of the Government.

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

13 paragraph (3), appropriations authorized under sections

14 101 and 102 may be used for the construction of new fa15 cilities and additions to, repair of, rehabilitation of, or

16 modification of existing facilities, except that the cost of

17 each such project, including collateral equipment, shall not

18 exceed $200,000 per fiscal year.

19 (2) Appropriations authorized under sections 101 and

20 102 may be used for unforeseen programmatic facility

21 project needs, other than those described in paragraph (1),

22 except that the cost of each such project, including collat23 eral equipment, shall not exceed $750,000 per fiscal year.

24 (3) Appropriations authorized under section 101 may

25 be used for repair, rehabilitation, or modification of facili-
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1 ties controlled by the General Services Administration, ex2 cept that the cost of each such project, including collateral

3 equipment, shall not exceed $500,000 per fiscal year.

4 SEC. 114. REPROGRAMMING FOR CONSTRUCTION OF FA5 CILITIES.

6 Appropriations authorized under any paragraph of

7 section 103—

8 (1) in the discretion of the Administrator may

9 be varied upward by 10 percent; or

10 (2) after the expiration of 30 days following a

11 report by the Administrator to the Committee on

12 Commerce, Science, and Transportation of the Sen13 ate and the Committee on Science, Space, and Tech14 nology of the House of Representatives on the cir15 cumstances of such action, may be varied upward by

16 25 percent, to meet unusual cost variations.

17 The total amount authorized to be appropriated under sec18 tion 103 shall not be increased as a result of actions au19 thorized under paragraphs (1) and (2) of this section.

20 SEC. 115. SPECIAL REPROGRAMMING AUTHORITY FOR

21 CONSTRUCTION OF FACILITIES.

22 Where the Administrator determines that new devel23 opments or scientific or engineering changes in the na24 tional program of aeronautical and space activities have

25 occurred; and that such changes require the use of addi-
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1 tional funds for the purposes of construction, expansion,

2 or modification of facilities at any location; and that defer3 ral of such action until the enactment of the next National

4 Aeronautics and Space Administration Authorization Act

5 would be inconsistent with the interest of the Nation in

6 aeronautical and space activities; the Administrator may

7 transfer not to exceed one-half of one percent of the funds

8 appropriated pursuant to sections 101 and 102 to the ap9 propriation under section 103 for such purposes. The Ad10 ministrator may also use up to $10,000,000 of the

11 amounts authorized under section 103 for such purposes.

12 The funds so made available pursuant to this section may

13 be expended to acquire, construct, convert, rehabilitate, or

14 install permanent or temporary public works, including

15 land acquisition, site preparation, appurtenances, utilities,

16 and equipment. No such funds may be obligated until a

17 period of 30 days has passed after the Administrator has

18 transmitted to the Committee on Commerce, Science, and

19 Transportation of the Senate and the Committee on

20 Science, Space, and Technology of the House of Rep21 resentatives a written report describing the nature of the

22 construction, its costs, and the reasons therefor.

23 SEC. 116. CONSIDERATION BY COMMITTEES.

24 Notwithstanding any other provision of this Act—
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1 (1) no amount appropriated pursuant to this

2 Act may be used for any program deleted by the

3 Congress from requests as originally made by the

4 President for the National Aeronautics and Space

5 Administration to either the Committee on Com6 merce, Science, and Transportation of the Senate or

7 the Committee on Science, Space, and Technology of

8 the House of Representatives;

9 (2) no amount appropriated pursuant to this

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

11 amount actually authorized for the particular pro12 gram by section 101, 102, or 104; and

13 (3) no amount appropriated pursuant to this

14 Act may be used for any program which has not

15 been presented to either such committee,

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

17 by each such committee, of notice given by the Adminis18 trator containing a full and complete statement of the ac19 tion proposed to be taken and the facts and circumstances

20 relied upon in support of such proposed action. The Na21 tional Aeronautics and Space Administration shall keep

22 the Committee on Commerce, Science, and Transportation

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

24 Technology of the House of Representatives fully and cur25 rently informed with respect to all activities and respon-
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1 sibilities within the jurisdiction of those committees. Any

2 Federal department, agency, or independent establishment

3 shall furnish any information requested by either commit4 tee relating to any such activity or responsibility.

5 SEC. 117. LIMITATION ON OBLIGATION OF UNAUTHORIZED

6 APPROPRIATIONS.

7 (a) REPORT TO CONGRESS.—Not later than 30 days

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

9 appropriations to the National Aeronautics and Space Ad10 ministration for fiscal year 1994 or 1995 and the date

11 of enactment of this Act, the Administrator shall submit

12 a report to Congress and to the Comptroller General which

13 specifies—

14 (1) the portion of such appropriations which are

15 for programs, projects, or activities not specifically

16 authorized under subtitle A of this title, or which

17 are in excess of amounts authorized for the relevant

18 program, project, or activity under this Act; and

19 (2) the portion of such appropriations which are

20 specifically authorized under this Act.

21 (b) FEDERAL REGISTER NOTICE.—The Adminis22 trator shall, coincident with the submission of the report

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

24 a notice of all programs, projects, or activities not specifi25 cally authorized under Act, and solicit public comment
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1 thereon regarding the impact of any such obligations on

2 the conduct and effectiveness of the national aeronautics

3 and space program.

4 (c) LIMITATION.—Notwithstanding any other provi5 sion of this Act, no funds may be obligated for any pro6 grams, projects, or activities of the National Aeronautics

7 and Space Administration for fiscal years 1994 and 1995

8 not specifically authorized under this Act until 30 days

9 have passed after the close of the public comment period

10 contained in the notice required in subsection (b).

11 TITLE II—THE ROLE OF THE NA12 TIONAL AERONAUTICS AND

13 SPACE ADMINISTRATION IN

14 TECHNOLOGY INVESTMENT

15 SEC. 201. POLICY.

16 It is the policy of the United States that—

17 (1) improving the competitive capabilities of

18 United States industry shall be a fundamental goal

19 of the research and development activities of the Na20 tional Aeronautics and Space Administration;

21 (2) the Administrator, in planning for national

22 programs in space science and applications, aero23 nautical research, space flight, advanced concepts

24 and technology, and exploration, shall carry out

25 technology investment initiatives designed to foster
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1 competitiveness of United States industry in global

2 markets;

3 (3) the Administrator shall work closely with

4 other Federal agencies, States, and local govern5 ments to coordinate and execute the technology in6 vestment activities of the National Aeronautics and

7 Space Administration;

8 (4) opportunities for investment in critical tech9 nologies and other technologies that advance the

10 competitiveness of United States industry shall be

11 identified in concert with United States industry;

12 and

13 (5) the Administrator shall encourage the es14 tablishment of industry-led consortia to maximize

15 the opportunities described in paragraph (4).

16 SEC. 202. TECHNOLOGY INVESTMENT PROGRAM.

17 (a) COMPETITIVE PROGRAM.—The Administrator

18 shall establish a competitive program under this section—

19 (1) to advance the competitiveness of United

20 States industry;

21 (2) to encourage industry-led consortia to de22 velop critical technologies, and other technologies

23 that advance the competitiveness of United States

24 industry, that have been identified by industry; and
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1 (3) to encourage participation by industrial par2 ticipants not part of the traditional Federal con3 tracting base.

4 (b) ELIGIBLE PARTICIPANTS.—

5 (1) GENERAL RULE.—Except as provided in

6 paragraph (2), only consortia or cooperative ar7 rangements among 2 or more eligible firms, or a

8 nonprofit research organization established by 2 or

9 more eligible firms, are eligible participants under

10 this section. Such eligible participants may include

11 participation by Federal laboratories, institutions of

12 higher education, State agencies, and other entities.

13 (2) EXCEPTION.—A single eligible firm may be

14 an eligible participant under this section only if the

15 Administrator finds that to select such firm is con16 sistent with the policy stated in section 201 and is

17 necessary to serve the purposes of the program es18 tablished under this section.

19 (c) CRITERIA.—In selecting from among applicants

20 for financial assistance under this section, the Adminis21 trator shall consider—

22 (1) the potential of the proposed project to ad23 vance critical technologies and other technologies

24 that enhance the competitiveness of United States

25 industry in global markets;
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1 (2) the application’s scientific and technical

2 merit;

3 (3) the extent of funding provided by industry;

4 (4) the potential for commercial success of the

5 technologies in nongovernmental markets;

6 (5) the likelihood that the goals and objectives

7 of the proposed application will not be achieved with8 out financial assistance under this section; and

9 (6) such other criteria as the Administrator

10 considers appropriate.

11 (d) INDUSTRIAL CONTRIBUTION.—The Adminis12 trator shall ensure that, to the maximum extent prac13 ticable, taking into account the size and nature of eligible

14 firms, the amount of the funds provided by the Federal

15 Government under this section does not exceed the total

16 amount provided by non-Federal participants for any one

17 application. The Administrator shall ensure that not less

18 than 20 percent of total funding for any project for which

19 financial assistance is made available under this section

20 is provided by industry.

21 (e) FINANCING MECHANISMS.—The Administrator

22 shall make full use of the various authorities available

23 under section 203(c)(5) of the National Aeronautics and

24 Space Act of 1958 to carry out this section, especially
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1 when applied to eligible firms which are not part of the

2 traditional Federal contracting base.

3 SEC. 203. COORDINATION WITH EXISTING PROGRAMS.

4 The Administrator shall coordinate existing activities

5 within the National Aeronautics and Space Administration

6 created to promote and enhance the competitiveness of

7 United States industry, including the Small Business In8 novation Research Program and Independent Research

9 and Development activities conducted by industry, with

10 the technology investment activities established under this

11 title. The Administrator shall coordinate such technology

12 investment activities with existing programs of the De13 partment of Commerce, the Department of Defense, the

14 Department of Energy, and other Federal agencies to

15 maximize the United States investment in technology ad16 vancements.

17 SEC. 204. REPORT TO CONGRESS.

18 The Administrator shall assess the technology invest19 ment activities established under this title, and shall sub20 mit a report to Congress on the results of such activities

21 to accompany the President’s budget request for fiscal

22 year 1998.

23 SEC. 205. DEFINITIONS.

24 For the purposes of this title—
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1 (1) the term ‘‘critical technologies’’ means tech2 nologies identified as critical technologies pursuant

3 to section 603(d) of the National Science and Tech4 nology Policy, Organization, and Priorities Act of

5 1976 (42 U.S.C. 6683(d));

6 (2) the term ‘‘eligible firm’’ means a business

7 entity—

8 (A) that conducts a significant level of its

9 research, development, engineering, and manu10 facturing activities in the United States;

11 (B) the majority ownership or control of

12 which is by United States citizens; or

13 (C) with a parent company that is incor14 porated in a country, the government of

15 which—

16 (i) permits the participation of firms

17 incorporated in the United States in re18 search and development consortia to which

19 the government of that country provides

20 funding directly or indirectly through

21 international organizations; and

22 (ii) affords adequate and effective pro23 tection for the intellectual property rights

24 of firms incorporated in the United States;
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1 (3) the term ‘‘Federal laboratory’’ has the

2 meaning given such term in section 4(6) of the Ste3 venson-Wydler Technology Innovation Act of 1980;

4 and

5 (4) the term ‘‘United States’’ means the several

6 States, the District of Columbia, the Commonwealth

7 of Puerto Rico, the Virgin Islands, Guam, American

8 Samoa, the Commonwealth of the Northern Mariana

9 Islands, and any other territory or possession of the

10 United States.

11 TITLE III—MISCELLANEOUS

12 PROVISIONS RELATING TO

13 SPACE ACTIVITIES

14 SEC. 301. TRANSMISSION OF BUDGET ESTIMATES.

15 The Administrator shall, at the time of submission

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

17 year, transmit to the Congress—

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

19 development costs for each individual program under

20 the jurisdiction of the National Aeronautics and

21 Space Administration for which development costs

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

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

24 with each such program.
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1 SEC. 302. COMMERCIAL SPACE LAUNCH ACT AMENDMENTS.

2 (a) AMENDMENTS.—The Commercial Space Launch

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

4 (1) in section 4—

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

6 any,’’ in paragraph (2);

7 (B) by redesignating paragraphs (9)

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

9 respectively; and

10 (C) by inserting after paragraph (8) the

11 following new paragraphs:

12 ‘‘(9) ‘reenter’ and ‘reentry’ mean to return pur13 posefully, or attempt to return, a reentry vehicle and

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

15 Earth;

16 ‘‘(10) ‘reentry vehicle’ means any vehicle de17 signed to return from Earth orbit or outer space to

18 Earth substantially intact;’’;

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

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

21 place it appears;

22 (3) in section 6(a)(2) and (3), by striking ‘‘sec23 tion 4(11)’’ each place it appears and inserting in

24 lieu thereof ‘‘section 4(12)’’;

25 (4) in section 6(a)(3)(A), by inserting ‘‘or re26 entry’’ after ‘‘such launch or operation’’;
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1 (5) in section 6(a)(3), by inserting ‘‘, or reentry

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

3 site’’ each place it appears;

4 (6) in section 6(b)(1)—

5 (A) by striking ‘‘launch license’’ and in6 serting in lieu thereof ‘‘license’’;

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

8 not launch’’;

9 (C) by inserting ‘‘or reentry’’ after ‘‘relate

10 to the launch’’; and

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

12 be launched’’;

13 (7) in section 6(b)(2)—

14 (A) by inserting ‘‘or reentry’’ after ‘‘pre15 vent the launch’’;

16 (B) by striking ‘‘holder of a launch li17 cense’’ and inserting in lieu thereof ‘‘licensee’’;

18 and

19 (C) by inserting ‘‘or reentry’’ after ‘‘deter20 mines that the launch’’;

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

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

23 site’’;
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1 (9) in section 7, by striking ‘‘both’’ and insert2 ing in lieu thereof ‘‘for reentering one or more re3 entry vehicles’’;

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

5 12(a)(2)(B), and 12(b), by inserting ‘‘, or reentry of

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

7 each place it appears;

8 (11) in section 8(b), by inserting ‘‘and the re9 entry of reentry vehicles,’’ after ‘‘operation of launch

10 sites,’’;

11 (12) in section 11(a), by inserting ‘‘or reentry’’

12 after ‘‘launch or operation’’;

13 (13) in section 12(a)(1), by inserting ‘‘or re14 entry’’ after ‘‘prevent the launch’’;

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

16 after ‘‘prevent the launch’’;

17 (15) in section 14(a)(1)—

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

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

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

21 ‘‘assembly of a launch vehicle’’;

22 (16) in section 15(b)(4)(A)—

23 (A) by inserting ‘‘and reentries’’ after ‘‘en24 sure that the launches’’;
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1 (B) by inserting ‘‘or reentry date commit2 ment’’ after ‘‘launch date commitment’’;

3 (C) by inserting ‘‘or reentry’’ after ‘‘ob4 tained for a launch’’;

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

6 ‘‘United States launch sites’’;

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

8 ‘‘access to a launch site’’;

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

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

11 and

12 (G) by inserting ‘‘or reentry’’ after ‘‘the

13 scheduled launch’’;

14 (17) in section 15(b)(4)(B), by inserting ‘‘or re15 entry’’ after ‘‘prompt launching’’;

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

17 after ‘‘launch site’’;

18 (19) in section 16(a)(1)(A) and (B), by insert19 ing ‘‘or reentry’’ after ‘‘any particular launch’’ each

20 place it appears;

21 (20) in section 16(a)(1)(C) and (D), by insert22 ing ‘‘or a reentry’’ after ‘‘launch services’’ each place

23 it appears;

24 (21) in section 16(a)(2), by inserting ‘‘or re25 entry’’ after ‘‘launch services’’;
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1 (22) in section 16(b)(1) and (4) (A) and (B),

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

3 each place it appears;

4 (23) in section 17(b)(2)(A)—

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

6 ‘‘launch site,’’; and

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

8 ‘‘site of a launch vehicle’’;

9 (24) in section 21(a), by inserting ‘‘and re10 entry’’ after ‘‘approval of space launch’’;

11 (25) in section 21(b)—

12 (A) by inserting ‘‘, reentry vehicle,’’ after

13 ‘‘A launch vehicle’’; and

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

15 launching’’;

16 (26) in section 21(c)(1)—

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

18 (B) by redesignating subparagraph (C) as

19 subparagraph (D); and

20 (C) by inserting after subparagraph (B)

21 the following new subparagraph:

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

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

24 after ‘‘launch,’’;

25 (28) in section 22(a)—
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1 (A) by striking ‘‘ending after the date of

2 enactment of this Act and before October 1,

3 1989’’; and

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

5 ‘‘further commercial launches’’; and

6 (29) in section 24, by adding after paragraph

7 (2) the following:

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

9 $4,467,000 to carry out this Act for fiscal year 1994.’’.

10 (b) REPORT TO CONGRESS.—The Secretary of

11 Transportation shall submit to Congress an annual report

12 to accompany the President’s budget request which re13 views the performance of the regulatory activities and the

14 effectiveness of the Office of Commercial Space Transpor15 tation.

16 SEC. 303. OFFICE OF SPACE COMMERCE AUTHORIZATION.

17 (a) ROLE OF THE OFFICE OF SPACE COMMERCE.—

18 The Office of Space Commerce of the Department of Com19 merce shall be responsible for the development and coordi20 nation of all policy recommendations and activities per21 taining to commercial activities in space except those func22 tions and activities explicitly authorized in statute to other

23 Federal agencies. In carrying out this responsibility, such

24 Office shall consult with other Federal agencies as appro25 priate, including the Department of Transportation, the
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1 National Aeronautics and Space Administration, the De2 partment of Defense, the Department of State, and the

3 Office of the United States Trade Representative.

4 (b) AUTHORIZATION OF APPROPRIATIONS.—In order

5 to carry out this section, there are authorized to be appro6 priated to the Secretary of Commerce for the Office of

7 Space Commerce, $538,000 for fiscal year 1994.

8 SEC. 304. USE OF DOMESTIC PRODUCTS.

9 (a) GENERAL RULE.—Except as provided in sub10 section (b), the Administrator shall ensure that procure11 ments are conducted in compliance with sections 2

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

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

14 Act’’).

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

16 procurements made for which—

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

18 made available; and

19 (2) solications for bids are issued after the date

20 of enactment of this Act.

21 (c) INAPPLICABILITY IN CASE OF VIOLATION OF

22 INTERNATIONAL AGREEMENT.—This section shall not

23 apply to the extent that the United States Trade Rep24 resentative determines that a procurement described in

25 subsection (b) would be in violation of the General Agree-
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1 ment on Tariffs and Trade or an international agreement

2 to which the United States is a party.

3 SEC. 305. REQUIREMENT FOR INDEPENDENT COST

4 ANALYSIS.

5 The Chief Financial Officer for the National Aero6 nautics and Space Administration shall be responsible for

7 conducting independent cost analyses of all new projects

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

9 the results annually to Congress at the time of the submis10 sion of the President’s budget request. In developing cost

11 accounting and reporting standards for carrying out this

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

13 practicable and consistent with other laws, solicit the ad14 vice of expertise outside of the National Aeronautics and

15 Space Administration.

16 SEC. 306. GLOBAL CHANGE DATA AND INFORMATION

17 SYSTEM.

18 Title I of the Global Change Research Act of 1990

19 (15 U.S.C. 2931 et seq.) is amended by adding at the end

20 the following new section:

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

22 SYSTEM.

23 ‘‘(a) The National Aeronautics and Space Adminis24 tration, in coordination with other agencies that belong to

25 the Committee on Earth and Environmental Sciences,
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1 shall establish the requirements and architecture for, de2 sign, and develop a Global Change Data and Information

3 System that shall serve as the system to process, archive,

4 and distribute data generated by the Global Change Re5 search Program.

6 ‘‘(b) The National Aeronautics and Space Adminis7 tration shall design the Global Change Data and Informa8 tion System—

9 ‘‘(1) so that other Federal agencies may con10 nect data centers operated by such agencies to such

11 System; and

12 ‘‘(2) so as to minimize, to the extent prac13 ticable, the cost of connecting such data centers.

14 ‘‘(c) Each agency involved in the Global Change Re15 search Program shall retain the responsibility to establish

16 and operate Global Change Data and Information System

17 data centers to process, archive, and distribute data gen18 erated by such agency’s programs. Agencies may agree to

19 assume the responsibility for processing, archiving, or dis20 tributing data generated by other agencies.’’.

21 SEC. 307. ACCESS TO CLASSIFIED DATA FOR GLOBAL

22 CHANGE RESEARCH.

23 The Committee on Earth and Environmental

24 Sciences shall develop and submit to the Congress within

25 one year after the date of enactment of this Act a plan
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1 for providing access to data from classified archives and

2 systems for global change research. The plan shall—

3 (1) to the extent consistent with classification

4 restrictions, identify what data from classified ar5 chives and systems may be valuable and available for

6 global change research;

7 (2) determine whether the Global Change Data

8 and Information System or other means should be

9 used to provide access to such data for the scientific

10 community; and

11 (3) identify what agencies should be responsible

12 for particular parts of such classified data and any

13 data centers needed to process, archive, and distrib14 ute such data.

15 SEC. 308. ORBITAL DEBRIS.

16 The Office of Science and Technology Policy, in co17 ordination with the National Aeronautics and Space Ad18 ministration, the Department of Defense, the Department

19 of State, and other agencies as appropriate, shall submit

20 a plan to Congress within one year after the date of enact21 ment of this Act for the control of orbital debris. The plan

22 shall include proposed launch vehicle and spacecraft de23 sign standards and operational procedures to minimize the

24 creation of new debris. The plan shall propose a schedule

25 for the incorporation of the standards into all United
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1 States civil, military, and commercial space activities. Fi2 nally, the plan shall include a schedule for the development

3 of an international agreement on the control of orbital de4 bris.

5 SEC. 309. NATIONAL AERONAUTICS AND SPACE ACT OF 1958

6 AMENDMENTS.

7 (a) POLICY AND PURPOSE.—Section 102 of the Na8 tional Aeronautics and Space Act of 1958 (42 U.S.C.

9 2451) is amended—

10 (1) by striking subsections (e) and (f) and in11 serting in lieu thereof the following:

12 ‘‘(e) The Congress declares that the general welfare

13 of the United States requires that the unique competence

14 in scientific and engineering systems of the National Aero15 nautics and Space Administration also be directed toward

16 the development of technologies critical to economic

17 growth, competitiveness, and productivity.’’;

18 (2) by redesignating subsections (g) and (h) as

19 subsections (f) and (g), respectively; and

20 (3) in subsection (g), as so redesignated, by

21 striking ‘‘(f), and (g)’’ and inserting in lieu thereof

22 ‘‘and (f)’’.

23 (b) REPORTS TO CONGRESS.—Section 206(a) of the

24 National Aeronautics and Space Act of 1958 (42 U.S.C.
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1 2476(a)) is amended by striking ‘‘calendar’’ and inserting

2 in lieu thereof ‘‘fiscal’’.

3 SEC. 310. COMPARATIVE ANALYSIS OF UNITED STATES AND

4 FOREIGN EXPENDABLE SPACE LAUNCH

5 SYSTEMS.

6 The National Aeronautics and Space Administration

7 shall conduct a comprehensive study of the differences be8 tween existing United States and foreign expendable space

9 launch vehicles. This study shall determine specific dif10 ferences in the design, manufacture, processing, and over11 all management and infrastructure of current United

12 States and foreign expendable space launch vehicles. The

13 study shall also determine the approximate effect of these

14 differences on the relative cost, reliability, and operational

15 efficiency of such space launch systems. This study shall

16 be conducted in consultation with the Department of De17 fense and, as appropriate, other Federal agencies, United

18 States industries, and academic institutions. The results

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

20 than October 1, 1994.

21 SEC. 311. UNIVERSITY INNOVATIVE RESEARCH PROGRAM

22 STUDY.

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

24 (1) universities offer a significant resource for

25 the conduct of innovative scientific and technological
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1 research to advance the National Aeronautics and

2 Space Administration’s mission;

3 (2) the National Aeronautics and Space Admin4 istration should act to broaden the foundation of its

5 research base by increasing the direct involvement of

6 university research laboratories in the development

7 of technology for space science;

8 (3) the National Aeronautics and Space Admin9 istration should commit to strengthening university

10 research programs in technology beyond contracting

11 with universities for services in support of specific

12 programs; and

13 (4) the National Aeronautics and Space Admin14 istration should develop mechanisms to foster inno15 vative technological research at universities that do

16 not participate in the University Space Engineering

17 Research Centers.

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

19 study of the feasibility and potential implementation of a

20 University Innovative Research Program which—

21 (1) promotes technological innovation in the

22 United States by using the Nation’s universities to

23 help meet the National Aeronautics and Space Ad24 ministration’s research and development needs, by

25 stimulating technology transfer between universities
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1 and industry, and by encouraging participation by

2 minority and disadvantaged persons in technological

3 innovation;

4 (2) is modeled on the Small Business Innova5 tion Research Program;

6 (3) avoids duplication of existing National Aero7 nautics and Space Administration programs with the

8 universities; and

9 (4) derives funding from the Space Research

10 and Technology program.

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

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

13 Congress within one year after the date of enactment of

14 this Act.

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

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

17 the National Aeronautics and Space Administration Advi18 sory Council, the National Research Council’s Aeronautics

19 and Space Engineering Board and Space Studies Board,

20 and other organizations as appropriate.

21 SEC. 312. GEOGRAPHICAL DISTRIBUTION.

22 The National Aeronautics and Space Administration

23 shall give consideration to geographical distribution of its

24 research and development funds whenever feasible.
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1 TITLE IV—AERONAUTICS

2 RESEARCH AND TECHNOLOGY

3 SEC. 401. FINDINGS.

4 The Congress finds that—

5 (1) the aerospace industry makes a major con6 tribution to the economy of the United States, ac7 counting for the largest positive trade balance of any

8 United States industry (more than $28,000,000,000

9 in 1992), and providing over 1,000,000 high-value

10 jobs;

11 (2) the international market share of the Unit12 ed States aerospace industry has steadily eroded due

13 to competition from foreign consortia that receive

14 substantial direct subsidies from their governments;

15 (3) the United States aerospace industry is fur16 ther negatively impacted by reduced investment in

17 national defense;

18 (4) the continued competitiveness of the United

19 States aerospace industry can be significantly aided

20 by an enhanced Federal investment in technology

21 base research and development in aeronautics;

22 (5) maintaining state-of-the-art experimental

23 facilities is a key element of Federal investment in

24 aeronautics research and development;
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1 (6) the long-term contribution of advances in

2 aeronautics to the economy and society will rely on

3 a continued commitment to pioneering research and

4 development such as the National Aero-Space Plane;

5 and

6 (7) the National Aero-Space Plane program

7 should explore the possibility of collaboration with

8 other nations for opportunities that would offer

9 unique programmatic benefits without compromising

10 the strategic advantage to the United States.

11 SEC. 402. DEFINITION.

12 For purposes of this title, the term ‘‘independent or13 ganization’’ means an organization that does not receive

14 significant funding or support from the National Aero15 nautics and Space Administration, other than under sec16 tions 403, 404, and 406.

17 SEC. 403. INDEPENDENT PERFORMANCE REVIEW.

18 (a) PLAN.—The Administrator shall provide for the

19 development of a plan establishing criteria, procedures,

20 and milestones for the evaluation, by an independent orga21 nization, of advances made in fundamental aeronautics re22 search and development and the progress made by the aer23 onautics programs of the National Aeronautics and Space

24 Administration in achieving their goals. Such plan shall

25 be developed by an independent organization in consulta-
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1 tion with the Administrator. The plan shall also describe

2 criteria and procedures for terminating National Aero3 nautics and Space Administration programs that are not

4 making acceptable progress toward their goals. The Ad5 ministrator shall submit a report describing such plan to

6 the Congress within 6 months after the date of the enact7 ment of this Act.

8 (b) ANNUAL REPORT.—Beginning in the first year

9 after submission of the plan under subsection (a), at the

10 time of the President’s annual budget request to Congress,

11 the Administrator shall submit to the Congress an annual

12 report on the results of an evaluation, conducted by an

13 independent organization, of the progress made by the Na14 tional Aeronautics and Space Administration in advancing

15 aeronautics and achieving the goals of aeronautics pro16 grams. Such evaluation shall be conducted using the cri17 teria, procedures, and milestones established under the

18 plan required by subsection (a).

19 SEC. 404. TECHNOLOGY TRANSFER REVIEW.

20 (a) PLAN.—The Administrator shall provide for the

21 development of a plan establishing criteria and procedures

22 for the evaluation, by an independent organization, of the

23 effectiveness of technology transfer from the National Aer24 onautics and Space Administration’s aeronautics pro25 grams to industry and other public organizations. Such
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1 plan shall be developed by an independent organization in

2 consultation with the Administrator. The plan shall in3 clude clear, quantitative measures of the success of such

4 technology transfer activities. The Administrator shall

5 submit a report describing such plan to the Congress with6 in 6 months after the date of the enactment of this Act.

7 (b) ANNUAL REPORT.—Beginning in the first year

8 after submission of the plan under subsection (a), at the

9 time of the President’s annual budget request to Congress,

10 the Administrator shall submit to the Congress an annual

11 report on the results of an evaluation, conducted by an

12 independent organization, of the effectiveness of the Na13 tional Aeronautics and Space Administration’s technology

14 transfer programs. Such evaluation shall be conducted

15 using the criteria and procedures established under the

16 plan required by subsection (a).

17 SEC. 405. JOINT AERONAUTICAL RESEARCH AND DEVELOP18 MENT PROGRAM.

19 (a) ESTABLISHMENT.—The Administrator and the

20 heads of other appropriate Federal agencies shall jointly

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

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

2 and advanced wind tunnel instrumentation tech3 nology;

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

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

8 (3) advanced general aviation research;

9 (4) advanced rotorcraft research; and

10 (5) advanced hypersonic aeronautical research.

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

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

15 other Federal agencies involved in the program. These

16 procedures should include an integrated acquisition policy

17 for contract and grant requirements and for technical data

18 rights that are not an impediment to joint programs

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

21 and industry.

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

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

2 involved in such technology research and develop3 ment; and

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

6 strength and competitiveness.

7 SEC. 406. NATIONAL AERO-SPACE PLANE.

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

9 (1) hypersonic flight will be critical to the con10 tinued contribution of aeronautics to the economic

11 and strategic interests of the United States in the

12 early twenty-first century;

13 (2) the data obtained through rocket-based

14 hypersonic flight experiments will not, by themselves,

15 reduce risk sufficiently to allow the development of

16 a single-stage-to-orbit, air-breathing plane; and

17 (3) a single-stage hypersonic research plane is

18 critical to the successful exploration of the

19 hypersonic flight regime and the timely realization of

20 a single-stage-to-orbit, air-breathing plane.

21 (b) HYPERSONIC RESEARCH PLANE ASSESSMENT.—

22 The Administrator shall conduct a study, through an inde23 pendent organization, of strategies that would optimize

24 the next phase of the National Aero-Space Plane program

25 by integrating with the rocket-based hypersonic flight ex-
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1 periments the development, in the shortest possible time

2 frame, of a single-stage hypersonic research plane capable

3 of speeds in the Mach 10 to Mach 15 range or greater,

4 with the objective of providing data that would accelerate

5 the ultimate development of a single-stage-to-orbit, air

6 breathing plane. The Administrator shall report the re7 sults of the study to Congress no later than 6 months after

8 the date of the enactment of this Act.

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