Union Calendar No. 67

103D CONGRESS

1ST SESSION H. R. 2200

[Report No. 103–123]

A BILL

To authorize appropriations to the National AeroGeneral, and for other purposes. search and program management, and Inspector communications, construction of facilities, re- and development, space flight, control, and data nautics and Space Administration for research

JUNE 10, 1993

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union and
IB

Union Calendar No. 67

103D CONGRESS

1ST SESSION H. R. 2200

[Report No. 103–123]

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

JUNE 10, 1993

Additional sponsors: Mr. WALKER, Mr. SENSENBRENNER, Mr. LEWIS of Florida, Mr. BOEHLERT, Mrs. MORELLA, Mr. ROHRABACHER, Mr. BOUCHER,

Mr. SCHIFF, Mr. BARTON of Texas, Mr. SAM JOHNSON of Texas, Mr.

CALVERT, Mr. HOKE, Ms. DUNN, and Mr. BARTLETT of Maryland

JUNE 10, 1993

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on May 20, 1993]

A BILL

To authorize appropriations to the National Aeronautics and

Space Administration for research and development,
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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’’.

7 SEC. 2. FINDINGS.

8 The Congress finds and declares that—

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

10 contribute to the advancement of technologies critical

11 to the competitiveness and productivity of United

12 States industry;

13 (2) the core mission of the National Aeronautics

14 and Space Administration is, and depends upon, the

15 extension of human presence beyond Planet Earth,

16 specifically by the construction and operation of the

17 International Space Station Freedom in the near

18 term, and by the acquisition and development of

19 knowledge necessary for expanding human presence

20 beyond low Earth orbit to other celestial bodies over

21 the middle and long term;

22 (3) the reduction in international tensions and

23 the end of the Cold War provide an opportunity for
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1 the National Aeronautics and Space Administration

2 to achieve a closer coordination with defense-related

3 agencies and, consistent with the National Aero4 nautics and Space Act of 1958, to reduce overlap and

5 duplication among Federal space programs and to

6 take greater advantage of other Federal space capa7 bilities;

8 (4) the National Aeronautics and Space Admin9 istration should play an active role in preserving a

10 robust space industrial base and should seek to

11 strengthen incentives for industry to conduct research

12 and development for both Federal mission needs and

13 the diversification of space-related applications;

14 (5) in the conduct of its space activities, the

15 United States should employ the existing space assets

16 and capabilities of the former Soviet Union on a se17 lective basis when unique programmatic benefits are

18 offered, and should encourage a collaboration between

19 United States industry and the privatizing space or20 ganizations of the former Soviet Union in developing

21 future space capabilities;

22 (6) in the conduct of space missions, the United

23 States should give preference to integrating the broad

24 range of ‘‘off-the-shelf’’ existing space assets and capa25 bilities available from commercial sources; and
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1 (7) the cancellation of the Advanced Solid Rocket

2 Motor program should result in a reduction of the

3 funding requirements for the National Aeronautics

4 and Space Administration equal to 50 percent of the

5 project cost of such program over the 5-year period

6 following the date of enactment of this Act.

7 TITLE I—AUTHORIZATION OF

8 APPROPRIATIONS

9 Subtitle A—Authorizations

10 SEC. 101. RESEARCH AND DEVELOPMENT.

11 (a) SPACE STATION FREEDOM.—

12 (1) AUTHORIZATION.—There are authorized to be

13 appropriated to the National Aeronautics and Space

14 Administration for ‘‘Research and Development’’ for

15 the Space Station Freedom, $1,900,000,000 for fiscal

16 year 1994, $1,900,000,000 for fiscal year 1995,

17 $1,900,000,000 for fiscal year 1996, $1,900,000,000

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

19 1998, $1,900,000,000 for fiscal year 1999, and

20 $1,300,000,000 for fiscal year 2000.

21 (2) SCOPE OF PROGRAM.—The Space Station

22 Freedom shall be designed to provide the capability

23 for productive scientific and engineering research in

24 low Earth orbit, shall be capable of incorporating ad25 vanced technologies over the operational life of the
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1 Space Station for the purposes of increasing the pro2 ductivity of research and reducing the costs of oper3 ation, shall include a habitation module as part of its

4 permanently manned configuration, and shall be de5 veloped in accordance with the international agree6 ments in place as of the date of enactment of this Act.

7 (3) ADDITIONAL FOREIGN PARTICIPATION.—The

8 Space Station Freedom program shall, where feasible,

9 employ the existing space assets and capabilities of

10 the former Soviet Union on a selective basis when

11 such use will reduce the cost of developing and operat12 ing the Space Station Freedom to the United States

13 and its international partners. Any proposed use of

14 such assets and capabilities shall be in accordance

15 with the international agreements in place as of the

16 date of enactment of this Act.

17 (4) PROGRAM MANAGEMENT OFFICE.—The Na18 tional Aeronautics and Space Administration shall

19 maintain a strong, independent Space Station Pro20 gram Management Office with financial control of the

21 program budget at least through the date of the First

22 Element Launch, unless the Administrator of the Na23 tional Aeronautics and Space Administration (in this

24 Act referred to as the ‘‘Administrator’’) certifies to the

25 Congress that an alternative management approach
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1 will save money and will not result in increased an2 nual funding requirements or schedule delays.

3 (b) OTHER RESEARCH AND DEVELOPMENT.—There

4 are authorized to be appropriated to the National Aero5 nautics and Space Administration for ‘‘Research and De6 velopment’’ for—

7 (1) Technology Investment Program, established

8 under title II of this Act, $22,000,000 for fiscal year

9 1994, and $40,000,000 for fiscal year 1995, none of

10 which shall be available for administrative expenses of

11 the National Aeronautics and Space Administration,

12 except that no funds appropriated pursuant to this

13 Act may be obligated for the establishment of any

14 Technology Research Institutes unless otherwise spe15 cifically provided for by law;

16 (2) Space Transportation Capability Develop17 ment, $751,600,000 for fiscal year 1994, and

18 $819,300,000 for fiscal year 1995, of which

19 $21,000,000 for fiscal year 1994 and $40,000,000 for

20 fiscal year 1995 are authorized to develop improve21 ments in existing expendable launch vehicles (includ22 ing the development of a single-engine version of the

23 Centaur upper stage rocket), and of which

24 $21,400,000 for fiscal year 1994 and $46,000,000 for

25 fiscal year 1995 are authorized to support the devel-
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1 opment of advanced launch technologies, including

2 single-stage-to-orbit technologies, and components;

3 (3) Physics and Astronomy, $1,094,700,000 for

4 fiscal year 1994, and $1,162,300,000 for fiscal year

5 1995, of which $20,000,000 for fiscal year 1994 and

6 $15,000,000 for fiscal year 1995 are for augmenting

7 the funding for Mission Operations and Data Analy8 sis activities by that amount;

9 (4) Planetary Exploration, $622,200,000 for fis10 cal year 1994, and $646,800,000 for fiscal year 1995,

11 of which $65,000,000 for fiscal year 1994 and

12 $85,000,000 for fiscal year 1995 are for augmenting

13 funding for Mission Operations and Data Analysis

14 activities and to initiate development of a Mars Envi15 ronmental Survey mission;

16 (5) Life and Microgravity Sciences and Applica17 tions, $426,000,000 for fiscal year 1994, and

18 $485,700,000 for fiscal year 1995, of which at least

19 $2,000,000 for each such fiscal year is reserved for re20 search on the causes of breast and ovarian cancers

21 and other women’s health issues;

22 (6) Mission to Planet Earth—

23 (A) $1,109,900,000 for fiscal year 1994, of

24 which $5,000,000 are authorized for the develop25 ment of instrumentation for and flight of re-
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1 motely piloted aircraft, $25,000,000 are author2 ized for the High Resolution Multispectral Stereo

3 Imager for Landsat 7, if the Administrator de4 termines and reports to Congress in writing that

5 equivalent data will not be made available by

6 private remote-sensing space systems at the time

7 Landsat 7 will be launched, or for the purchase

8 of equivalent data to be provided in the future

9 by private remote-sensing space systems, and of

10 which $18,000,000 may be provided for the Con11 sortium for International Earth Science Infor12 mation Network, except that no funds may be ob13 ligated for the Consortium for International

14 Earth Science Information Network in excess of

15 $18,000,000 in fiscal year 1994 unless an equal

16 amount of matching funding is provided from

17 non-Federal sources; and

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

19 (7) Space Research and Technology,

20 $298,200,000 for fiscal year 1994, and $333,100,000

21 for fiscal year 1995;

22 (8) Commercial Programs, $172,000,000 for fis23 cal year 1994, and $141,400,000 for fiscal year 1995;

24 (9) Aeronautics Research and Technology Pro25 grams—
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1 (A) for Research Operations Support,

2 $143,500,000 for fiscal year 1994, and

3 $148,300,000 for fiscal year 1995;

4 (B) for Research and Technology Base ac5 tivities, $448,300,000 for fiscal year 1994, and

6 $433,900,000 for fiscal year 1995;

7 (C) for High-Speed Research, $187,200,000

8 for fiscal year 1994, and $236,300,000 for fiscal

9 year 1995;

10 (D) for Advanced Subsonic Technology,

11 $101,300,000 for fiscal year 1994, and

12 $128,500,000 for fiscal year 1995, of which

13 $5,000,000 for fiscal year 1994 and $13,000,000

14 for fiscal year 1995 shall be for Short-Haul Air15 craft, $30,200,000 for fiscal year 1994 and

16 $30,500,000 for fiscal year 1995 shall be for

17 Noise Reduction, and $11,500,000 for fiscal year

18 1994 and $12,000,000 for fiscal year 1995 shall

19 be for Technology Integration for Reducing En20 vironmental Pollution;

21 (E) for Other Systems Technology Pro22 grams, $140,400,000 for fiscal year 1994, and

23 $168,000,000 for fiscal year 1995; and
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1 (F) for the National Aero-Space Plane Pro2 gram, $80,000,000 for fiscal year 1994, and

3 $80,000,000 for fiscal year 1995;

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

5 $35,300,000 for fiscal year 1994, and $38,500,000 for

6 fiscal year 1995;

7 (11) Academic Programs, $74,500,000 for fiscal

8 year 1994, and $81,500,000 for fiscal year 1995; and

9 (12) Tracking and Data Advanced Systems,

10 $24,600,000 for fiscal year 1994, and $25,100,000 for

11 fiscal year 1995.

12 The Administrator shall make available for the National

13 Aero-Space Plane the full amounts authorized under para14 graph (9)(F) from the amounts made available pursuant

15 to paragraph (9) for each fiscal year.

16 SEC. 102. SPACE FLIGHT, CONTROL, AND DATA COMMU17 NICATIONS.

18 There are authorized to be appropriated to the Na19 tional Aeronautics and Space Administration for ‘‘Space

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

21 (1) Space Shuttle Production and Operational

22 Capability, $1,069,200,000 for fiscal year 1994 and

23 $978,500,000 for fiscal year 1995, of which no funds

24 are authorized for the continuation of the Advanced

25 Solid Rocket Motor program, and of which
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1 $150,000,000 for fiscal year 1994 and $35,000,000 for

2 fiscal year 1995 are authorized to cover the cost of

3 terminating the Advanced Solid Rocket Motor pro4 gram and transferring the production of Space Shut5 tle and other solid rocket motor nozzles and the refur6 bishment of Redesigned Solid Rocket Motor cases to

7 the new production site located near Yellow Creek,

8 Mississippi;

9 (2) Space Shuttle Operations, $3,006,500,000 for

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

11 1995;

12 (3) Space and Ground Networks, Communica13 tions, and Data Systems, $795,500,000 for fiscal year

14 1994, and $964,600,000 for fiscal year 1995, includ15 ing procurement of Tracking and Data Relay Sat16 ellites on a fixed-price basis using functional perform17 ance specifications, and, to the extent practicable,

18 seeking to incorporate potential improvements to such

19 Satellites that result in cost savings or a greater prob20 ability of returning data; and

21 (4) Launch Services, $300,300,000 for fiscal year

22 1994, and $313,700,000 for fiscal year 1995.

23 None of the funds appropriated pursuant to this section

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

25 Facility on the Space Shuttle. By fiscal year 2003, the com-
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1 bined annual cost for the production and operation of the

2 Space Shuttle program and the Space Station Freedom

3 program shall not exceed, after adjustments for inflation,

4 $4,325,000,000 in fiscal year 1992 dollars.

5 SEC. 103. CONSTRUCTION OF FACILITIES.

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

7 appropriated to the National Aeronautics and Space Ad8 ministration for fiscal year 1994 for ‘‘Construction of Fa9 cilities’’, including land acquisition, for—

10 (1) Construction of Space Station Freedom Fa11 cilities, $25,000,000;

12 (2) Replacement of Mission Control Center Air

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

14 (3) Replacement of Thermal Vacuum Helium

15 Refrigeration System, Johnson Space Center,

16 $7,400,000;

17 (4) Rehabilitation of Electrical Distribution Sys18 tem, Project Management Building, Johnson Space

19 Center, $2,200,000;

20 (5) Modification of Launch Complex 39 Exterior

21 Utility Piping, Kennedy Space Center, $1,200,000;

22 (6) Refurbishment of Launch Complex 39 Cool23 ing System, Kennedy Space Center, $4,000,000;
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1 (7) Refurbishment of Launch Complex 39 Sec2 ondary Circuit Breakers, Kennedy Space Center,

3 $3,300,000;

4 (8) Refurbishment of Vehicle Assembly Building/

5 Pad Water Storage Tanks, Kennedy Space Center,

6 $3,000,000;

7 (9) Rehabilitation of Industrial Area Fire Alarm

8 Reporting System, Kennedy Space Center,

9 $4,900,000;

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

11 Complex 39 Area, Kennedy Space Center, $5,000,000;

12 (11) Restoration of Class III Landfill, Kennedy

13 Space Center, $1,900,000;

14 (12) Restoration of High Pressure Air Compres15 sor System, Marshall Space Flight Center,

16 $8,500,000;

17 (13) Restoration of Electrical Power System,

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

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

20 Staging Facility, Michoud Assembly Facility,

21 $1,500,000;

22 (15) Replacement of Cooling Tower and Boiler,

23 Michoud Assembly Facility, $4,000,000;
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1 (16) Restoration of Space Shuttle Main Engine

2 Text Complex High Pressure Industrial Water Sys3 tem, Stennis Space Center, $2,300,000;

4 (17) Restoration of High Pressure Gas Storage

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

6 (18) Restoration of Underground Communica7 tion Distribution System, Stennis Space Center,

8 $3,800,000;

9 (19) Construction of Earth Systems Science

10 Building, Goddard Space Flight Center, $12,000,000;

11 (20) Replacement of Central Plant Steam and

12 Electrical Generation Equipment, Goddard Space

13 Flight Center, $8,600,000;

14 (21) Restoration and Modernization of Chilled

15 Water System, Goddard Space Flight Center,

16 $5,000,000;

17 (22) Restoration of Airfield, Wallops Flight Fa18 cility, $5,200,000;

19 (23) Replacement of Chillers and Modification of

20 Related Systems, Various Buildings, Jet Propulsion

21 Laboratory, $2,900,000;

22 (24) Construction of Advanced Solid Rocket

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

24 (25) Phase I Facility Studies, Requirements Def25 inition, Design, and Modification and Construction of
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1 National Aeronautics Facilities, Various Locations,

2 $74,000,000;

3 (26) Modifications for Composite Technology

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

5 (27) National Transonic Facility Productivity

6 Enhancement, Langley Research Center, $60,000,000;

7 (28) Performance Improvements in 11-Foot

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

9 (29) Rehabilitation of Control Systems, National

10 Full-Scale Aerodynamics Complex, Ames Research

11 Center, $2,100,000;

12 (30) Upgrade of Outdoor Aerodynamic Research

13 Facility, Ames Research Center, $3,900,000;

14 (31) Modernization of the Unitary Plan Wind

15 Tunnel Complex, Ames Research Center, $25,000,000;

16 (32) Construction of EOSDIS Distributed Active

17 Archive Center, Langley Research Center, $8,000,000;

18 (33) Rehabilitation of Rocket Engine Test Facil19 ity, Lewis Research Center, $12,500,000;

20 (34) Construction of 34-Meter Multifrequency

21 Antenna, Goldstone Facility, Jet Propulsion Labora22 tory, $17,600,000;

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

24 in excess of $1,000,000 per project, $36,000,000;
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1 (36) Rehabilitation and modification of facilities

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

3 project, $36,000,000;

4 (37) Minor construction of new facilities and ad5 ditions to existing facilities at various locations, not

6 in excess of $750,000 per project, $14,000,000;

7 (38) Facility Planning and Design, $27,000,000;

8 and

9 (39) Environmental Compliance and Restora10 tion, $50,000,000.

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

12 amount authorized to be appropriated under this subsection

13 shall not exceed $570,300,000.

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

15 appropriated to the National Aeronautics and Space Ad16 ministration for fiscal year 1995 for ‘‘Construction of Fa17 cilities’’, including land acquisition, $422,200,000.

18 SEC. 104. RESEARCH AND PROGRAM MANAGEMENT.

19 There are authorized to be appropriated to the Na20 tional Aeronautics and Space Administration for ‘‘Research

21 and Program Management’’, $1,650,000,000 for fiscal year

22 1994, and $1,675,000,000 for fiscal year 1995.

23 SEC. 105. INSPECTOR GENERAL.

24 There are authorized to be appropriated to the Na25 tional Aeronautics and Space Administration for ‘‘Inspec-
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1 tor General’’, $15,500,000 for fiscal year 1994, and

2 $16,000,000 for fiscal year 1995.

3 Subtitle B—Limitations and

4 Special Authority

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

6 (a) AUTHORIZED USES.—Appropriations authorized

7 under sections 101 and 102 may be used for—

8 (1) any items of a capital nature (other than ac9 quisition of land) which may be required at locations

10 other than installations of the National Aeronautics

11 and Space Administration for the performance of re12 search and development contracts; and

13 (2) grants to institutions of higher education, or

14 to nonprofit organizations whose primary purpose is

15 the conduct of scientific research, for purchase or con16 struction of additional research facilities.

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

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

19 the United States unless the Administrator determines that

20 the national program of aeronautical and space activities

21 will best be served by vesting title in the grantee institution

22 or organization or the Federal contribution to such pur23 chase or construction is not substantial enough to warrant

24 vesting title in the United States. Each grant under sub25 section (a)(2) shall be made under such conditions as the
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1 Administrator shall determine to be required to ensure that

2 the United States will receive therefrom benefits adequate

3 to justify the making of that grant.

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

5 under sections 101 and 102 may be used in accordance with

6 this section for the construction of any facility, the esti7 mated cost of which, including collateral equipment, exceeds

8 $750,000, unless 30 days have passed after the Adminis9 trator has notified the Committee on Commerce, Science,

10 and Transportation of the Senate and the Committee on

11 Science, Space, and Technology of the House of Representa12 tives of the nature, location, and estimated cost of such fa13 cility.

14 SEC. 112. AVAILABILITY OF APPROPRIATED AMOUNTS.

15 Appropriations authorized under sections 101, 102,

16 and 103 may remain available until expended. Contracts

17 may be entered into with funds appropriated under section

18 104 or 105 for training, investigations, and costs associated

19 with personnel relocation and for other services provided

20 during the fiscal year following the fiscal year for which

21 funds are appropriated.

22 SEC. 113. LIMITED USE OF FUNDS.

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

25 under section 101 may be used, but not to exceed $35,000
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1 per fiscal year, for scientific consultations or extraordinary

2 expenses upon the authority of the Administrator, and the

3 Administrator’s determination shall be final and conclusive

4 upon the accounting officers of the Government.

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

6 paragraph (3), appropriations authorized under sections

7 101 and 102 may be used for the construction of new facili8 ties and additions to, repair of, rehabilitation of, or modi9 fication of existing facilities, except that the cost of each

10 such project, including collateral equipment, shall not ex11 ceed $200,000 per fiscal year.

12 (2) Appropriations authorized under sections 101 and

13 102 may be used for unforeseen programmatic facility

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

15 except that the cost of each such project, including collateral

16 equipment, shall not exceed $750,000 per fiscal year.

17 (3) Appropriations authorized under section 101 may

18 be used for repair, rehabilitation, or modification of facili19 ties controlled by the General Services Administration, ex20 cept that the cost of each such project, including collateral

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

22 SEC. 114. REPROGRAMMING FOR CONSTRUCTION OF FA23 CILITIES.

24 Appropriations authorized under any paragraph of

25 section 103—
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1 (1) in the discretion of the Administrator may be

2 varied upward by 10 percent; or

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

4 report by the Administrator to the Committee on

5 Commerce, Science, and Transportation of the Senate

6 and the Committee on Science, Space, and Technology

7 of the House of Representatives on the circumstances

8 of such action, may be varied upward by 25 percent,

9 to meet unusual cost variations.

10 The total amount authorized to be appropriated under sec11 tion 103 shall not be increased as a result of actions author12 ized under paragraphs (1) and (2) of this section.

13 SEC. 115. SPECIAL REPROGRAMMING AUTHORITY FOR CON14 STRUCTION OF FACILITIES.

15 Where the Administrator determines that new develop16 ments or scientific or engineering changes in the national

17 program of aeronautical and space activities have occurred;

18 and that such changes require the use of additional funds

19 for the purposes of construction, expansion, or modification

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

21 until the enactment of the next National Aeronautics and

22 Space Administration Authorization Act would be incon23 sistent with the interest of the Nation in aeronautical and

24 space activities; the Administrator may transfer not to ex25 ceed one-half of one percent of the funds appropriated pur-
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1 suant to sections 101 and 102 to the appropriation under

2 section 103 for such purposes. The Administrator may also

3 use up to $10,000,000 of the amounts authorized under sec4 tion 103 for such purposes. The funds so made available

5 pursuant to this section may be expended to acquire, con6 struct, convert, rehabilitate, or install permanent or tem7 porary public works, including land acquisition, site prepa8 ration, appurtenances, utilities, and equipment. No such

9 funds may be obligated until a period of 30 days has passed

10 after the Administrator has transmitted to the Committee

11 on Commerce, Science, and Transportation of the Senate

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

13 the House of Representatives a written report describing the

14 nature of the construction, its costs, and the reasons there15 for.

16 SEC. 116. CONSIDERATION BY COMMITTEES.

17 Notwithstanding any other provision of this Act—

18 (1) no amount appropriated pursuant to this

19 Act may be used for any program deleted by the Con20 gress from requests as originally made by the Presi21 dent for the National Aeronautics and Space Admin22 istration to either the Committee on Commerce,

23 Science, and Transportation of the Senate or the

24 Committee on Science, Space, and Technology of the

25 House of Representatives;
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1 (2) no amount appropriated pursuant to this

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

3 amount actually authorized for the particular pro4 gram by section 101, 102, or 104; and

5 (3) no amount appropriated pursuant to this

6 Act may be used for any program which has not been

7 presented to either such committee,

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

9 each such committee, of notice given by the Administrator

10 containing a full and complete statement of the action pro11 posed to be taken and the facts and circumstances relied

12 upon in support of such proposed action. The National Aer13 onautics and Space Administration shall keep the Commit14 tee on Commerce, Science, and Transportation of the Senate

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

16 the House of Representatives fully and currently informed

17 with respect to all activities and responsibilities within the

18 jurisdiction of those committees. Any Federal department,

19 agency, or independent establishment shall furnish any in20 formation requested by either committee relating to any

21 such activity or responsibility.

22 SEC. 117. LIMITATION ON OBLIGATION OF UNAUTHORIZED

23 APPROPRIATIONS.

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

25 after the later of the date of enactment of an Act making
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1 appropriations to the National Aeronautics and Space Ad2 ministration for fiscal year 1994 or 1995 and the date of

3 enactment of this Act, the Administrator shall submit a re4 port to Congress and to the Comptroller General which

5 specifies—

6 (1) the portion of such appropriations which are

7 for programs, projects, or activities not specifically

8 authorized under subtitle A of this title, or which are

9 in excess of amounts authorized for the relevant pro10 gram, project, or activity under this Act; and

11 (2) the portion of such appropriations which are

12 specifically authorized under this Act.

13 (b) FEDERAL REGISTER NOTICE.—The Administrator

14 shall, coincident with the submission of the report required

15 by subsection (a), publish in the Federal Register a notice

16 of all programs, projects, or activities not specifically au17 thorized under Act, and solicit public comment thereon re18 garding the impact of any such obligations on the conduct

19 and effectiveness of the national aeronautics and space pro20 gram.

21 (c) LIMITATION.—Notwithstanding any other provi22 sion of this Act, no funds may be obligated for any pro23 grams, projects, or activities of the National Aeronautics

24 and Space Administration for fiscal years 1994 and 1995

25 not specifically authorized under this Act until 30 days
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1 have passed after the close of the public comment period

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

3 SEC. 118. LIMITATION ON APPROPRIATIONS

4 Notwithstanding any other provision of this Act, no

5 funds are authorized to be appropriated for carrying out

6 the programs for which funds are authorized by this Act

7 for any fiscal year other than as provided by this Act.

8 SEC. 119. ADDITIONAL LIMITATION.

9 No funds authorized under this Act may be obligated

10 or expended to transfer the management of the External

11 Tank Program from the Marshall Space Flight Center un12 less 30 days have passed after the Administrator has made

13 a report of the technical justification for such a move to

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

15 House of Representatives and the Committee on Commerce,

16 Science, and Transportation of the Senate, and such Com17 mittees have raised no objection.

18 SEC. 120. PRIORITY EXPENDITURE.

19 Of the amounts authorized under—

20 (1) section 102(1), only $258,200,000 for fiscal

21 year 1994 and only $252,200,000 for fiscal year 1995;

22 (2) section 103(a)(24), no funds for fiscal year

23 1994 and no funds for fiscal year 1995;
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1 (3) section 102(2), only $1,887,800,000 for fiscal

2 year 1994 and only $1,870,000,000 for fiscal year

3 1995; and

4 (4) section 104, only $1,400,000,000 for each of

5 fiscal years 1994 and 1995 to effect the closure of at

6 least one National Aeronautics and Space Adminis7 tration Center and the corresponding reduction in

8 full-time equivalent employees,

9 may be expended unless $1,900,000,000 are made available

10 for such fiscal year for the Space Station Freedom.

11 TITLE II—ADVANCED SPACE

12 TECHNOLOGY PROGRAM.

13 SEC. 201. POLICY.

14 It is the policy of the United States that—

15 (1) the Administrator, in planning for national

16 programs in space science and application, aero17 nautical research, space flight, advanced concepts and

18 technology, and exploration, shall consider ways in

19 which the competitiveness of the United States in ad20 vanced space technologies can be enhanced;

21 (2) the Administrator shall work closely with

22 other Federal agencies, States, local governments, and

23 industry to coordinate and execute the advanced space

24 technology investment activities of the National Aero25 nautics and Space Administration;
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1 (3) opportunities for investment in advanced

2 space technologies that advance the competitiveness of

3 the United States shall be identified in concert with

4 United States industry; and

5 (4) the Administrator shall encourage the estab6 lishment of industry-led consortia to maximize the

7 opportunities described in paragraph (3).

8 SEC. 202. ADVANCED SPACE TECHNOLOGY INVESTMENT

9 PROGRAM.

10 (a) COMPETITIVE PROGRAM.—The Administrator

11 shall establish a competitive program under this section—

12 (1) to advance the capabilities of United States

13 space technology;

14 (2) to encourage industry-led consortia to de15 velop advanced space technologies that advance the

16 competitiveness of the United States; and

17 (3) to encourage participation by industrial par18 ticipants not part of the traditional Federal contract19 ing base.

20 (b) ELIGIBLE PARTICIPANTS.—

21 (1) GENERAL RULE.—Single firms, consortia or

22 cooperative arrangements among 2 or more eligible

23 firms, or a nonprofit research organization estab24 lished by 2 or more eligible firms, are eligible partici25 pants under this section. Such eligible participants
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1 may include participation by Federal laboratories,

2 institutions of higher education, State agencies, and

3 other entities.

4 (c) CRITERIA.—In selecting from among applicants for

5 financial assistance under this section, the Administrator

6 shall consider—

7 (1) the potential of the proposed project to de8 velop advanced space technologies that enhance the

9 long-term ability of the United States to make ad10 vances in space transportation, exploration, experi11 mentation, and commerce;

12 (2) the application’s scientific and technical

13 merit;

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

15 (4) the potential for long-term commercial appli16 cation of the technologies in nongovernmental mar17 kets;

18 (5) the likelihood that the goals and objectives of

19 the proposed application will not be achieved without

20 financial assistance under this section; and

21 (6) such other criteria as the Administrator con22 siders appropriate.

23 (d) NON-FEDERAL CONTRIBUTION.—The Adminis24 trator shall ensure that the amount of the funds provided

25 by the Federal Government under this section does not ex-
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1 ceed the total amount provided by non-Federal participants

2 for any one application. The Administrator shall ensure

3 that not less than 30 percent of total funding for any project

4 for which financial assistance is made available under this

5 section is provided by industry.

6 (e) FINANCING MECHANISMS.—The Administrator

7 shall make full use of the various authorities available

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

9 Space Act of 1958 to carry out this section, especially when

10 applied to eligible firms which are not part of the tradi11 tional Federal contracting base.

12 SEC. 203. COORDINATION WITH EXISTING PROGRAMS.

13 The Administrator shall coordinate existing activities

14 within the National Aeronautics and Space Administra15 tion, including the Small Business Innovation Research

16 Program and Independent Research and Development ac17 tivities conducted by industry, with the advanced space

18 technology investment activities established under this title.

19 The Administrator shall coordinate such advanced space

20 technology investment activities with existing programs of

21 the Department of Commerce, the Department of Defense,

22 the Department of Energy, and other Federal agencies to

23 maximize the United States investment in advanced space

24 technology.
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1 SEC. 204. REPORT TO CONGRESS.

2 The Administrator shall assess the advanced space

3 technology investment activities established under this title,

4 and shall submit a report to Congress on the results of such

5 activities to accompany the President’s budget request for

6 fiscal year 1996.

7 SEC. 205. DEFINITIONS.

8 For the purposes of this title—

9 (1) the term ‘‘advanced space technology’’ means

10 technologies which are fundamentally new capabilities

11 requiring basic research, as opposed to evolutions of

12 current technologies and systems;

13 (2) the term ‘‘eligible firm’’ means a business en14 tity—

15 (A) that conducts a significant level of its

16 research, development, engineering, and manu17 facturing activities in the United States;

18 (B) the majority ownership or control of

19 which is held by United States citizens; or

20 (C) with a parent company that is incor21 porated in a country, the government of which—

22 (i) permits the participation of firms

23 incorporated in the United States in re24 search and development consortia to which

25 the government of that country provides
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1 funding directly or indirectly through inter2 national organizations; and

3 (ii) affords adequate and effective pro4 tection for the intellectual property rights of

5 firms incorporated in the United States,

6 and that maintains substantial employment in the

7 United States and agrees to promote the manufactur8 ing within the United States of products resulting

9 from technologies developed under this title;

10 (3) the term ‘‘Federal laboratory’’ has the mean11 ing given such term in section 4(6) of the Stevenson12 Wydler Technology Innovation Act of 1980; and

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

14 States, the District of Columbia, the Commonwealth

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

16 Samoa, the Commonwealth of the Northern Mariana

17 Islands, and any other territory or possession of the

18 United States.

19 SEC. 206. TECHNOLOGY PROCUREMENT INITIATIVE.

20 (a) IN GENERAL.—The Administrator shall coordinate

21 National Aeronautics and Space Administration resources

22 in the areas of procurement, commercial programs, and ad23 vanced technology in order to—
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1 (1) fairly assess and procure commercially avail2 able technology from the marketplace in the most effi3 cient manner practicable;

4 (2) achieve a continuous pattern of integrating

5 advanced technology from the commercial sector into

6 the missions and programs of the National Aero7 nautics and Space Administration;

8 (3) incorporate private sector buying and bid9 ding procedures, including fixed price contracts, into

10 procurements; and

11 (4) provide incentives for cost-plus contractors of

12 the National Aeronautics and Space Administration

13 to integrate commercially available technology in sub14 system contracts on a fixed-price basis.

15 (b) CERTIFICATION.—Upon solicitation of any pro16 curement for space hardware, technology, or services that

17 are not commercially available, the Administrator shall cer18 tify, by publication of a notice and opportunity to comment

19 in the Commerce Business Daily, for each such procurement

20 action, that no functional equivalent, commercially avail21 able space hardware, technology, or service exists and that

22 no commercial method of procurement is available.
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1 TITLE III—MISCELLANEOUS

2 PROVISIONS RELATING TO

3 SPACE ACTIVITIES

4 SEC. 301. TRANSMISSION OF BUDGET ESTIMATES.

5 The Administrator shall, at the time of submission of

6 the President’s annual budget request for every fiscal year,

7 transmit to the Congress—

8 (1) a five-year budget detailing the estimated de9 velopment costs for each individual program under

10 the jurisdiction of the National Aeronautics and

11 Space Administration for which development costs are

12 expected to exceed $200,000,000; and

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

14 with each such program.

15 SEC. 302. COMMERCIAL SPACE LAUNCH ACT AMENDMENTS.

16 (a) AMENDMENTS.—The Commercial Space Launch

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

18 (1) in section 4—

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

20 any,’’ in paragraph (2);

21 (B) by redesignating paragraphs (9)

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

23 respectively; and

24 (C) by inserting after paragraph (8) the fol25 lowing new paragraphs:
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1 ‘‘(9) ‘reenter’ and ‘reentry’ mean to return pur2 posefully, or attempt to return, a reentry vehicle and

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

4 Earth;

5 ‘‘(10) ‘reentry vehicle’ means any vehicle de6 signed to return from Earth orbit or outer space to

7 Earth substantially intact;’’;

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

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

10 place it appears;

11 (3) in section 6(a)(2) and (3), by striking ‘‘sec12 tion 4(11)’’ each place it appears and inserting in

13 lieu thereof ‘‘section 4(14)’’;

14 (4) in section 6(a)(3)(A), by inserting ‘‘or re15 entry’’ after ‘‘such launch or operation’’;

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

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

18 site’’ each place it appears;

19 (6) in section 6(b)(1)—

20 (A) by striking ‘‘launch license’’ and insert21 ing in lieu thereof ‘‘license’’;

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

23 not launch’’;

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

25 to the launch’’; and
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1 (D) by inserting ‘‘or reentered’’ after ‘‘to be

2 launched’’;

3 (7) in section 6(b)(2)—

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

5 the launch’’;

6 (B) by striking ‘‘holder of a launch license’’

7 and inserting in lieu thereof ‘‘licensee’’; and

8 (C) by inserting ‘‘or reentry’’ after ‘‘deter9 mines that the launch’’;

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

11 a reentry vehicle’’ after ‘‘operation of a launch site’’;

12 (9) in section 7, by striking ‘‘both’’ and inserting

13 in lieu thereof ‘‘for reentering one or more reentry ve14 hicles’’;

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

16 12(a)(2)(B), and 12(b), by inserting ‘‘, or reentry of

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

18 each place it appears;

19 (11) in section 8(b), by inserting ‘‘and the re20 entry of reentry vehicles,’’ after ‘‘operation of launch

21 sites,’’;

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

23 after ‘‘launch or operation’’;

24 (13) in section 12(a)(1), by inserting ‘‘or re25 entry’’ after ‘‘prevent the launch’’;
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1 (14) in section 12(b), by inserting ‘‘or reentry’’

2 after ‘‘prevent the launch’’;

3 (15) in section 14(a)(1)—

4 (A) by inserting ‘‘or reentry site’’ after ‘‘ob5 servers at any launch site’’; and

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

7 ‘‘assembly of a launch vehicle’’;

8 (16) in section 15(b)(4)(A)—

9 (A) by inserting ‘‘and reentries’’ after ‘‘en10 sure that the launches’’;

11 (B) by inserting ‘‘or reentry date commit12 ment’’ after ‘‘launch date commitment’’;

13 (C) by inserting ‘‘or reentry’’ after ‘‘ob14 tained for a launch’’;

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

16 ‘‘United States launch sites’’;

17 (E) by inserting ‘‘or reentry site’’ after ‘‘ac18 cess to a launch site’’;

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

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

21 and

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

23 scheduled launch’’;

24 (17) in section 15(b)(4)(B), by inserting ‘‘or re25 entry’’ after ‘‘prompt launching’’;
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1 (18) in section 15(c), by inserting ‘‘or reentry’’

2 after ‘‘launch site’’;

3 (19) in section 16(a)(1)(A) and (B), by inserting

4 ‘‘or reentry’’ after ‘‘any particular launch’’ each place

5 it appears;

6 (20) in section 16(a)(1)(C) and (D), by inserting

7 ‘‘or a reentry’’ after ‘‘launch services’’ each place it

8 appears;

9 (21) in section 16(a)(2), by inserting ‘‘or re10 entry’’ after ‘‘launch services’’;

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

12 inserting ‘‘or reentry’’ after ‘‘particular launch’’ each

13 place it appears;

14 (23) in section 17(b)(2)(A)—

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

16 ‘‘launch site,’’; and

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

18 ‘‘site of a launch vehicle’’;

19 (24) in section 21(a), by inserting ‘‘and reentry’’

20 after ‘‘approval of space launch’’;

21 (25) in section 21(b)—

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

23 ‘‘A launch vehicle’’; and

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

25 launching’’;
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1 (26) in section 21(c)(1)—

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

3 (B) by redesignating subparagraph (C) as

4 subparagraph (D); and

5 (C) by inserting after subparagraph (B) the

6 following new subparagraph:

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

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

9 after ‘‘launch,’’;

10 (28) in section 22(a)—

11 (A) by striking ‘‘ending after the date of en12 actment of this Act and before October 1, 1989’’;

13 and

14 (B) by inserting ‘‘and reentries’’ after ‘‘fur15 ther commercial launches’’; and

16 (29) in section 24, by inserting ‘‘There are au17 thorized to be appropriated to the Secretary

18 $4,467,000 to carry out this Act for fiscal year 1994.’’

19 after ‘‘$4,900,000 to carry out this Act.’’.

20 (b) REPORT TO CONGRESS.—The Secretary of Trans21 portation shall submit to Congress an annual report to ac22 company the President’s budget request which reviews the

23 performance of the regulatory activities and the effectiveness

24 of the Office of Commercial Space Transportation.
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1 SEC. 303. SPACE TRANSPORTATION INFRASTRUCTURE

2 MATCHING GRANTS.

3 In order to ensure the continued resiliency of the Na4 tion’s space transportation infrastructure, the Secretary of

5 Transportation is authorized to make project grants to pub6 lic agencies in accordance with section 505 of Public Law

7 102–588. There are authorized to be appropriated for such

8 grants, $10,000,000 for fiscal year 1995. Such funds shall

9 remain available until expended.

10 SEC. 304. OFFICE OF SPACE COMMERCE AUTHORIZATION.

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

12 The Office of Space Commerce of the Department of Com13 merce shall be responsible for the development and coordina14 tion of all policy recommendations and activities pertain15 ing to commercial activities in space except those functions

16 and activities explicitly authorized in statute to other Fed17 eral agencies. In carrying out this responsibility, such Of18 fice shall consult with other Federal agencies as appro19 priate, including the Department of Transportation, the

20 National Aeronautics and Space Administration, the De21 partment of Defense, the Department of State, and the Of22 fice of the United States Trade Representative.

23 (b) AUTHORIZATION OF APPROPRIATIONS.—In order

24 to carry out this section, there are authorized to be appro25 priated to the Secretary of Commerce for the Office of Space

26 Commerce, $538,000 for fiscal year 1994.
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1 SEC. 305. USE OF DOMESTIC PRODUCTS.

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

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

6 popularly known as the ‘‘Buy American Act’’).

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

8 procurements made for which—

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

10 made available; and

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

12 of enactment of this Act.

13 (c) INAPPLICABILITY IN CASE OF VIOLATION OF

14 INTERNATIONAL AGREEMENT.—This section shall not apply

15 to the extent that the United States Trade Representative

16 determines that a procurement described in subsection (b)

17 would be in violation of the General Agreement on Tariffs

18 and Trade or an international agreement to which the

19 United States is a party.

20 (d) PURCHASE OF AMERICAN MADE EQUIPMENT AND

21 PRODUCTS.—

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

23 Congress that any recipient of a grant under this Act,

24 or under any amendment made by this Act, should

25 purchase, when available and cost-effective, American
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1 made equipment and products when expending grant

2 monies.

3 (2) NOTICE TO RECIPIENTS OF ASSISTANCE.—In

4 allocating grants under this Act, or under any

5 amendment made by this Act, the Secretary shall pro6 vide to each recipient a notice describing the state7 ment made in paragraph (1) by the Congress.

8 SEC. 306. REQUIREMENT FOR INDEPENDENT COST

9 ANALYSIS.

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

12 conducting independent cost analyses of all new projects es13 timated to cost more than $5,000,000 and shall report the

14 results annually to Congress at the time of the submission

15 of the President’s budget request. In developing cost ac16 counting and reporting standards for carrying out this sec17 tion, the Chief Financial Officer shall, to the extent prac18 ticable and consistent with other laws, solicit the advice of

19 expertise outside of the National Aeronautics and Space Ad20 ministration.

21 SEC. 307. GLOBAL CHANGE DATA AND INFORMATION

22 SYSTEM.

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

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

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

2 SYSTEM.

3 ‘‘(a) The National Aeronautics and Space Administra4 tion, in coordination with other agencies that belong to the

5 Committee on Earth and Environmental Sciences, shall es6 tablish the requirements and architecture for, design, and

7 develop a Global Change Data and Information System

8 that shall serve as the system to process, archive, and dis9 tribute data generated by the Global Change Research Pro10 gram.

11 ‘‘(b) The National Aeronautics and Space Administra12 tion shall design the Global Change Data and Information

13 System—

14 ‘‘(1) so that other Federal agencies may connect

15 data centers operated by such agencies to such Sys16 tem; and

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

18 the cost of connecting such data centers.

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

21 and operate Global Change Data and Information System

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

24 assume the responsibility for processing, archiving, or dis25 tributing data generated by other agencies.’’.
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1 SEC. 308. ACCESS TO CLASSIFIED DATA FOR GLOBAL

2 CHANGE RESEARCH.

3 The Committee on Earth and Environmental Sciences

4 shall develop and submit to the Congress within one year

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

6 access to data from classified archives and systems for glob7 al change research. The plan shall—

8 (1) to the extent consistent with classification re9 strictions, identify what data from classified archives

10 and systems may be valuable and available for global

11 change research;

12 (2) determine whether the Global Change Data

13 and Information System or other means should be

14 used to provide access to such data for the scientific

15 community; and

16 (3) identify what agencies should be responsible

17 for particular parts of such classified data and any

18 data centers needed to process, archive, and distribute

19 such data.

20 SEC. 309. ORBITAL DEBRIS.

21 The Office of Science and Technology Policy, in coordi22 nation with the National Aeronautics and Space Adminis23 tration, the Department of Defense, the Department of

24 State, and other agencies as appropriate, shall submit a

25 plan to Congress within one year after the date of enact26 ment of this Act for the control of orbital debris. The plan
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1 shall include proposed launch vehicle and spacecraft design

2 standards and operational procedures to minimize the cre3 ation of new debris. The plan shall propose a schedule for

4 the incorporation of the standards into all United States

5 civil, military, and commercial space activities. Finally,

6 the plan shall include a schedule for the development of an

7 international agreement on the control of orbital debris.

8 SEC. 310. NATIONAL AERONAUTICS AND SPACE ACT OF 1958

9 AMENDMENTS.

10 (a) POLICY AND PURPOSE.—Section 102 of the Na11 tional Aeronautics and Space Act of 1958 (42 U.S.C. 2451)

12 is amended—

13 (1) by striking subsections (e) and (f) and insert14 ing in lieu thereof the following:

15 ‘‘(e) The Congress declares that the general welfare of

16 the United States requires that the unique competence in

17 scientific and engineering systems of the National Aero18 nautics and Space Administration also be directed toward

19 supporting the private sector development of advanced space

20 technologies which enhance economic growth, competitive21 ness, and productivity.’’;

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

23 subsections (f) and (g), respectively; and
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1 (3) in subsection (g), as so redesignated, by strik2 ing ‘‘(f), and (g)’’ and inserting in lieu thereof ‘‘and

3 (f)’’.

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

5 National Aeronautics and Space Act of 1958 (42 U.S.C.

6 2476(a)) is amended by striking ‘‘calendar’’ and inserting

7 in lieu thereof ‘‘fiscal’’.

8 SEC. 311. COMPARATIVE ANALYSIS OF UNITED STATES AND

9 FOREIGN EXPENDABLE SPACE LAUNCH

10 SYSTEMS.

11 The National Aeronautics and Space Administration

12 shall conduct a comprehensive study of the differences be13 tween existing United States and foreign expendable space

14 launch vehicles. This study shall determine specific dif15 ferences in the design, manufacture, processing, and overall

16 management and infrastructure of current United States

17 and foreign expendable space launch vehicles. The study

18 shall also determine the approximate effect of these dif19 ferences on the relative cost, reliability, and operational effi20 ciency of such space launch systems. This study shall be

21 conducted in consultation with the Department of Defense

22 and, as appropriate, other Federal agencies, United States

23 industries, and academic institutions. The results of this

24 study shall be submitted to the Congress no later than Octo25 ber 1, 1994.
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1 SEC. 312. UNIVERSITY INNOVATIVE RESEARCH PROGRAM

2 STUDY.

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

4 (1) universities offer a significant resource for

5 the conduct of innovative scientific and technological

6 research to advance the National Aeronautics and

7 Space Administration’s mission;

8 (2) the National Aeronautics and Space Admin9 istration should act to broaden the foundation of its

10 research base by increasing the direct involvement of

11 university research laboratories in the development of

12 technology for space science;

13 (3) the National Aeronautics and Space Admin14 istration should commit to strengthening university

15 research programs in technology beyond contracting

16 with universities for services in support of specific

17 programs; and

18 (4) the National Aeronautics and Space Admin19 istration should develop mechanisms to foster innova20 tive technological research at universities that do not

21 participate in the University Space Engineering Re22 search Centers.

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

24 study of the feasibility and potential implementation of a

25 University Innovative Research Program which—
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1 (1) promotes technological innovation in the

2 United States by using the Nation’s universities to

3 help meet the National Aeronautics and Space Ad4 ministration’s research and development needs, by

5 stimulating technology transfer between universities

6 and industry, and by encouraging participation by

7 minority and disadvantaged persons in technological

8 innovation;

9 (2) is modeled on the Small Business Innovation

10 Research Program;

11 (3) avoids duplication of existing National Aero12 nautics and Space Administration programs with the

13 universities; and

14 (4) derives funding from the Space Research and

15 Technology program.

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

17 (b) shall be completed and its results submitted to the Con18 gress within one year after the date of enactment of this

19 Act.

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

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

22 the National Aeronautics and Space Administration Advi23 sory Council, the National Research Council’s Aeronautics

24 and Space Engineering Board and Space Studies Board,

25 and other organizations as appropriate.
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1 SEC. 313. GEOGRAPHICAL DISTRIBUTION.

2 The National Aeronautics and Space Administration

3 shall give consideration to geographical distribution of its

4 research and development funds whenever feasible.

5 SEC. 314. CONTRACTOR PERFORMANCE.

6 (a) GENERAL RULE.—The Administrator shall require

7 that all cost-type research and development contracts en8 tered into by the National Aeronautics and Space Adminis9 tration for the acquisition of articles or services shall incor10 porate a provision which holds the contractor liable, in ac11 cordance with subsection (c) of this section, for failure to

12 comply with the requirements of the contract.

13 (b) LIABILITIES.—A provision described in subsection

14 (a) shall, in the event of such a failure, hold the contractor

15 liable for the lesser of—

16 (1) 50 percent of the cost of rectifying such fail17 ure; or

18 (2) 10 percent of the contract value at the time

19 of such failure.

20 (c) EXCEPTIONS.—Liability under subsection (b) shall

21 not be imposed if—

22 (1) the failure occurred despite the best efforts of

23 the contractor and could not have been reasonably

24 predicted at the time the contract was awarded; or

25 (2) the failure occurred notwithstanding the fact

26 that the contractor had adopted, and its employees
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1 were following, generally accepted industrial practices

2 in carrying out the contract requirements.

3 (d) PROHIBITION.—The cost of insurance to cover po4 tential liabilities described in subsection (b) shall not be an

5 allowable cost under a contract described in subsection (a).

6 SEC. 315. LAND CONVEYANCE.

7 The Administrator may accept the conveyance to the

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

9 Cleveland and Brook Park, Ohio, for the purpose of estab10 lishing a Visitor Center for the Lewis Research Center.

11 TITLE IV—AERONAUTICS

12 RESEARCH AND TECHNOLOGY

13 SEC. 401. FINDINGS.

14 The Congress finds that—

15 (1) the aerospace industry makes a major con16 tribution to the economy of the United States, ac17 counting for the largest positive trade balance of any

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

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

20 jobs;

21 (2) the international market share of the United

22 States aerospace industry has steadily eroded due to

23 competition from foreign consortia that receive sub24 stantial direct subsidies from their governments;
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1 (3) the United States aerospace industry is fur2 ther negatively impacted by reduced investment in

3 national defense;

4 (4) the continued competitiveness of the United

5 States aerospace industry can be significantly aided

6 by an enhanced Federal investment in technology base

7 research and development in aeronautics;

8 (5) maintaining state-of-the-art experimental fa9 cilities is a key element of Federal investment in aer10 onautics research and development;

11 (6) the long-term contribution of advances in

12 aeronautics to the economy and society will rely on

13 a continued commitment to pioneering research and

14 development such as the National Aero-Space Plane;

15 (7) the National Aero-Space Plane program

16 should explore the possibility of collaboration with

17 other nations for opportunities that would offer

18 unique programmatic benefits without compromising

19 the strategic advantage to the United States; and

20 (8) cost sharing for facilities use is a highly de21 sirable objective given the deficit reduction goals of the

22 President and the Congress.

23 SEC. 402. DEFINITION.

24 For purposes of this title, the term ‘‘independent orga25 nization’’ means an organization that does not receive sig-
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1 nificant funding or support from the National Aeronautics

2 and Space Administration, other than under sections 403,

3 404, and 406.

4 SEC. 403. INDEPENDENT PERFORMANCE REVIEW.

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

6 development of a plan establishing criteria, procedures, and

7 milestones for the evaluation, by an independent organiza8 tion, of advances made in fundamental aeronautics research

9 and development and the progress made by the aeronautics

10 programs of the National Aeronautics and Space Adminis11 tration in achieving their goals. Such plan shall be devel12 oped by an independent organization in consultation with

13 the Administrator. The plan shall also describe criteria and

14 procedures for terminating National Aeronautics and Space

15 Administration programs that are not making acceptable

16 progress toward their goals. The Administrator shall submit

17 a report describing such plan to the Congress within 6

18 months after the date of the enactment of this Act.

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

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

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

22 the Administrator shall submit to the Congress an annual

23 report on the results of an evaluation, conducted by an inde24 pendent organization, of the progress made by the National

25 Aeronautics and Space Administration in advancing aero-
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1 nautics and achieving the goals of aeronautics programs.

2 Such evaluation shall be conducted using the criteria, proce3 dures, and milestones established under the plan required

4 by subsection (a).

5 SEC. 404. TECHNOLOGY TRANSFER REVIEW.

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

7 development of a plan establishing criteria and procedures

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

9 effectiveness of technology transfer from the National Aero10 nautics and Space Administration’s aeronautics programs

11 to industry and other public organizations. Such plan shall

12 be developed by an independent organization in consulta13 tion with the Administrator. The plan shall include clear,

14 quantitative measures of the success of such technology

15 transfer activities. The Administrator shall submit a report

16 describing such plan to the Congress within 6 months after

17 the date of the enactment of this Act.

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

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

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

21 the Administrator shall submit to the Congress an annual

22 report on the results of an evaluation, conducted by an inde23 pendent organization, of the effectiveness of the National

24 Aeronautics and Space Administration’s technology trans25 fer programs. Such evaluation shall be conducted using the
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1 criteria and procedures established under the plan required

2 by subsection (a).

3 SEC. 405. FACILITIES COST SHARING.

4 The Administrator, in conjunction with other ongoing

5 activities of the National Aeronautics and Space Adminis6 tration such as the Aerospace Facilities Plan, shall study

7 existing and potential cost sharing provisions between the

8 Federal Government and industry as they relate to the use

9 of wind tunnels and related test facilities to ensure that

10 cost sharing is employed to the fullest reasonable extent. The

11 Administrator shall submit to the Congress the results of

12 such study concurrent with the completion of the Aerospace

13 Facilities Plan, or one year after the date of enactment of

14 this Act, whichever occurs first.

15 SEC. 406. JOINT AERONAUTICAL RESEARCH AND DEVELOP16 MENT PROGRAM.

17 (a) ESTABLISHMENT.—The Administrator and the

18 heads of other appropriate Federal agencies shall jointly es19 tablish a program for the purpose of conducting research

20 on aeronautical technologies that enhance United States

21 competitiveness. Such program shall include—

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

23 advanced wind tunnel instrumentation technology;

24 (2) research on advanced engine materials, en25 gine concepts, and testing of propulsion systems or
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1 components of the high-speed civil transport research

2 program;

3 (3) advanced general aviation research;

4 (4) advanced rotorcraft research; and

5 (5) advanced hypersonic aeronautical research.

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

7 entered into under the program established under subsection

8 (a) shall be administered using procedures developed jointly

9 by the Administrator and the heads of the other Federal

10 agencies involved in the program. These procedures should

11 include an integrated acquisition policy for contract and

12 grant requirements and for technical data rights that are

13 not an impediment to joint programs among the National

14 Aeronautics and Space Administration, the other Federal

15 agencies involved in the program, and industry.

16 (c) ELEMENTS OF PROGRAM.—The program estab17 lished under subsection (a) shall include—

18 (1) selected programs that jointly enhance public

19 and private aeronautical technology development;

20 (2) an opportunity for private contractors to be

21 involved in such technology research and development;

22 and

23 (3) the transfer of Government-developed tech24 nologies to the private sector to promote economic

25 strength and competitiveness.
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1 SEC. 407. NATIONAL AERO-SPACE PLANE.

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

3 (1) hypersonic flight will be critical to the con4 tinued contribution of aeronautics to the economic

5 and strategic interests of the United States in the

6 early twenty-first century;

7 (2) the data obtained through rocket-based

8 hypersonic flight experiments will not, by themselves,

9 reduce risk sufficiently to allow the development of a

10 single-stage-to-orbit, air-breathing plane; and

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

12 critical to the successful exploration of the hypersonic

13 flight regime and the timely realization of a single14 stage-to-orbit, air-breathing plane.

15 (b) HYPERSONIC RESEARCH PLANE ASSESSMENT.—

16 The Administrator shall conduct a study, through an inde17 pendent organization, of strategies that would optimize the

18 next phase of the National Aero-Space Plane program by

19 integrating with the rocket-based hypersonic flight experi20 ments the development, in the shortest possible time frame,

21 of a single-stage hypersonic research plane capable of speeds

22 in the Mach 10 to Mach 15 range or greater, with the objec23 tive of providing data that would accelerate the ultimate

24 development of a single-stage-to-orbit, air-breathing plane.

25 The Administrator shall report the results of the study to
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1 Congress no later than 6 months after the date of the enact2 ment of this Act.