103D CONGRESS

1ST SESSION H. R. 2200

AN ACT

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
103D CONGRESS

1ST SESSION H. R. 2200

AN ACT

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 core mission of the National Aero8 nautics and Space Administration is, and depends

9 upon, the extension of human presence beyond Plan10 et Earth, specifically by the construction and oper11 ation of the International Space Station Freedom in

12 the near term, and by the acquisition and develop13 ment of knowledge necessary for expanding human

14 presence beyond low Earth orbit to other celestial

15 bodies over the middle and long term;

16 (3) the Administrator should explore ways of

17 encouraging voluntary retirements by National Aero18 nautics and Space Administration personnel in order

19 to facilitate any restructuring associated with the re20 design of the space station;

21 (4) the reduction in international tensions and

22 the end of the Cold War provide an opportunity for

23 the National Aeronautics and Space Administration

24 to achieve a closer coordination with defense-related

25 agencies and, consistent with the National Aero26 nautics and Space Act of 1958, to reduce overlap
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1 and duplication among Federal space programs and

2 to take greater advantage of other Federal space ca3 pabilities;

4 (5) the National Aeronautics and Space Admin5 istration should play an active role in preserving a

6 robust space industrial base and should seek to

7 strengthen incentives for industry to conduct re8 search and development for both Federal mission

9 needs and the diversification of space-related appli10 cations;

11 (6) in the conduct of its space activities, the

12 United States should employ the existing space as13 sets and capabilities of the former Soviet Union on

14 a selective basis when unique programmatic benefits

15 are offered, and should encourage a collaboration be16 tween United States industry and the privatizing

17 space organizations of the former Soviet Union in

18 developing future space capabilities;

19 (7) in the conduct of space missions, the United

20 States should give preference to integrating the

21 broad range of ‘‘off-the-shelf’’ existing space assets

22 and capabilities available from commercial sources;

23 and

24 (8) consistent with paragraphs (1) through (6),

25 because the aluminum lithium external tank replaces
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1 the lift capability enhancement of the Advanced

2 Solid Rocket Motor, and because of severe budgetary

3 constraints and the need to reduce the Federal defi4 cit, the cancellation of the Advanced Solid Rocket

5 Motor program is necessary, and such cancellation

6 will result in a reduction of expenditures by the Na7 tional Aeronautics and Space Administration over 5

8 years of $750,000,000, which is equal to 50 percent

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

10 period following the date of enactment of this Act.

11 TITLE I—AUTHORIZATION OF

12 APPROPRIATIONS

13 Subtitle A—Authorizations

14 SEC. 100. TOTAL AUTHORIZATION.

15 Notwithstanding any other provision of this subtitle,

16 the total amount authorized to be appropriated under sec17 tions 101(b), 102, 103, 104, and 105 for fiscal year 1994

18 shall not exceed $12,889,000,000. Each amount stated in

19 such sections shall be reduced proportionately as necessary

20 to meet the requirement of this section.

21 SEC. 101. RESEARCH AND DEVELOPMENT.

22 (a) SPACE STATION FREEDOM.—

23 (1) AUTHORIZATION.—There are authorized to

24 be appropriated to the National Aeronautics and

25 Space Administration for ‘‘Research and Develop-
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1 ment’’ for the Space Station Freedom,

2 $1,900,000,000 for fiscal year 1994,

3 $1,900,000,000 for fiscal year 1995,

4 $1,900,000,000 for fiscal year 1996,

5 $1,900,000,000 for fiscal year 1997,

6 $1,900,000,000 for fiscal year 1998,

7 $1,900,000,000 for fiscal year 1999, and

8 $1,300,000,000 for fiscal year 2000.

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

10 Freedom shall be designed to provide the capability

11 for productive scientific and engineering research in

12 low Earth orbit, shall be capable of incorporating

13 advanced technologies over the operational life of the

14 Space Station for the purposes of increasing the pro15 ductivity of research and reducing the costs of oper16 ation, shall include a habitation module as part of

17 its permanently manned configuration, and shall be

18 developed in accordance with the international agree19 ments in place as of the date of enactment of this

20 Act.

21 (3) ADDITIONAL FOREIGN PARTICIPATION.—

22 The Space Station Freedom program shall, where

23 feasible, employ the existing space assets and capa24 bilities of the former Soviet Union on a selective

25 basis when such use will reduce the cost of develop-
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1 ing and operating the Space Station Freedom to the

2 United States and its international partners. Any

3 proposed use of such assets and capabilities shall be

4 in accordance with the international agreements in

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

6 (4) PROGRAM MANAGEMENT OFFICE.—The Na7 tional Aeronautics and Space Administration shall

8 maintain a strong, independent Space Station Pro9 gram Management Office with financial control of

10 the program budget at least through the date of the

11 First Element Launch, unless the Administrator of

12 the National Aeronautics and Space Administration

13 (in this Act referred to as the ‘‘Administrator’’) cer14 tifies to the Congress that an alternative manage15 ment approach will save money, will not result in in16 creased annual funding requirements or schedule

17 delays, and will minimize job loss. Any such certifi18 cation shall include a plan for the proposed transi19 tion which—

20 ‘‘(A) details the number and types of jobs

21 that will be lost;

22 ‘‘(B) provides for maximum retention in

23 the program of employees with technical exper24 tise;
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1 ‘‘(C) if such retention is not possible, pro2 vides retraining for other comparable employ3 ment with the National Aeronautics and Space

4 Administration; and

5 ‘‘(D) minimizes disruption in the lives of

6 employees who lose their jobs, are required to

7 move to a new location, or are otherwise af8 fected by the transition’’.

9 (b) OTHER RESEARCH AND DEVELOPMENT.—There

10 are authorized to be appropriated to the National Aero11 nautics and Space Administration for ‘‘Research and De12 velopment’’ for—

13 (1) Technology Investment Program, estab14 lished under title II of this Act, $22,000,000 for fis15 cal year 1994, and $40,000,000 for fiscal year 1995,

16 none of which shall be available for administrative

17 expenses of the National Aeronautics and Space Ad18 ministration, except that no funds appropriated pur19 suant to this Act may be obligated for the establish20 ment of any Technology Research Institutes unless

21 otherwise specifically provided for by law;

22 (2) Space Transportation Capability Develop23 ment, $751,600,000 for fiscal year 1994, and

24 $819,300,000 for fiscal year 1995, of which

25 $21,000,000 for fiscal year 1994 and $40,000,000
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1 for fiscal year 1995 are authorized to develop im2 provements in existing expendable launch vehicles

3 (including the development of a single-engine version

4 of the Centaur upper stage rocket), and of which

5 $21,400,000 for fiscal year 1994 and $46,000,000

6 for fiscal year 1995 are authorized to support the

7 development of advanced launch technologies, includ8 ing single-stage-to-orbit technologies, and compo9 nents;

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

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

12 1995, of which $20,000,000 for fiscal year 1994 and

13 $15,000,000 for fiscal year 1995 are for augmenting

14 the funding for Mission Operations and Data Analy15 sis activities by that amount;

16 (4) Planetary Exploration, $622,200,000 for

17 fiscal year 1994, and $646,800,000 for fiscal year

18 1995, of which $65,000,000 for fiscal year 1994 and

19 $85,000,000 for fiscal year 1995 are for augmenting

20 funding for Mission Operations and Data Analysis

21 activities and to initiate development of a Mars En22 vironmental Survey mission;

23 (5) Life and Microgravity Sciences and Applica24 tions, $426,000,000 for fiscal year 1994, and

25 $485,700,000 for fiscal year 1995, of which at least
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1 $2,000,000 for each such fiscal year is reserved for

2 research on the causes of breast and ovarian cancers

3 and other women’s health issues;

4 (6) Mission to Planet Earth—

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

6 which $5,000,000 are authorized for the devel7 opment of instrumentation for and flight of re8 motely piloted aircraft, $25,000,000 are author9 ized for the High Resolution Multispectral

10 Stereo Imager for Landsat 7, if the Adminis11 trator determines and reports to Congress in

12 writing that equivalent data will not be made

13 available by private remote-sensing space sys14 tems at the time Landsat 7 will be launched, or

15 for the purchase of equivalent data to be pro16 vided in the future by private remote-sensing

17 space systems, and of which $18,000,000 may

18 be provided for the Consortium for Inter19 national Earth Science Information Network,

20 except that no funds may be obligated for the

21 Consortium for International Earth Science In22 formation Network in excess of $18,000,000 in

23 fiscal year 1994 unless an equal amount of

24 matching funding is provided from non-Federal

25 sources; and
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1 (B) $1,448,100,000 for fiscal year 1995;

2 (7) Space Research and Technology,

3 $298,200,000 for fiscal year 1994, and

4 $333,100,000 for fiscal year 1995;

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

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

7 1995;

8 (9) Aeronautics Research and Technology Pro9 grams—

10 (A) for Research Operations Support,

11 $143,500,000 for fiscal year 1994, and

12 $148,300,000 for fiscal year 1995;

13 (B) for Research and Technology Base ac14 tivities, $448,300,000 for fiscal year 1994, and

15 $433,900,000 for fiscal year 1995;

16 (C) for High-Speed Research,

17 $187,200,000 for fiscal year 1994, and

18 $236,300,000 for fiscal year 1995;

19 (D) for Advanced Subsonic Technology,

20 $101,300,000 for fiscal year 1994, and

21 $128,500,000 for fiscal year 1995, of which

22 $5,000,000 for fiscal year 1994 and

23 $13,000,000 for fiscal year 1995 shall be for

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

25 year 1994 and $30,500,000 for fiscal year 1995
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1 shall be for Noise Reduction, and $11,500,000

2 for fiscal year 1994 and $12,000,000 for fiscal

3 year 1995 shall be for Technology Integration

4 for Reducing Environmental Pollution;

5 (E) for Other Systems Technology Pro6 grams, $140,400,000 for fiscal year 1994, and

7 $168,000,000 for fiscal year 1995; and

8 (F) for the National Aero-Space Plane

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

10 $80,000,000 for fiscal year 1995;

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

12 $35,300,000 for fiscal year 1994, and $38,500,000

13 for fiscal year 1995;

14 (11) Academic Programs, $74,500,000 for fis15 cal year 1994, and $81,500,000 for fiscal year 1995;

16 and

17 (12) Tracking and Data Advanced Systems,

18 $24,600,000 for fiscal year 1994, and $25,100,000

19 for fiscal year 1995.

20 The Administrator shall make available for the National

21 Aero-Space Plane the full amounts authorized under para22 graph (9)(F) from the amounts made available pursuant

23 to paragraph (9) for each fiscal year.
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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, $1,069,200,000 for fiscal year 1994 and

8 $978,500,000 for fiscal year 1995, of which no

9 funds are authorized for the continuation of the Ad10 vanced Solid Rocket Motor program, and of which

11 $150,000,000 for fiscal year 1994 are authorized to

12 cover the cost of terminating the Advanced Solid

13 Rocket Motor program;

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

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

16 year 1995;

17 (3) Space and Ground Networks, Communica18 tions, and Data Systems, $795,500,000 for fiscal

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

20 including procurement of Tracking and Data Relay

21 Satellites on a fixed-price basis using functional per22 formance specifications, and, to the extent prac23 ticable, seeking to incorporate potential improve24 ments to such Satellites that result in cost savings

25 or a greater probability of returning data; and
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1 (4) Launch Services, $300,300,000 for fiscal

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

3 None of the funds appropriated pursuant to this section

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

5 Facility on the Space Shuttle. No Federal funds may be

6 obligated for the continuation of the Advanced Solid Rock7 et Motor program, except as necessary to terminate such

8 program. By fiscal year 2003, the combined annual cost

9 for the production and operation of the Space Shuttle pro10 gram and the Space Station Freedom program shall not

11 exceed, after adjustments for inflation, $4,325,000,000 in

12 fiscal year 1992 dollars.

13 SEC. 103. CONSTRUCTION OF FACILITIES.

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

15 appropriated to the National Aeronautics and Space Ad16 ministration for fiscal year 1994 for ‘‘Construction of Fa17 cilities’’, including land acquisition, for—

18 (1) Construction of Space Station Freedom Fa19 cilities, $25,000,000;

20 (2) Replacement of Mission Control Center Air

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

22 (3) Replacement of Thermal Vacuum Helium

23 Refrigeration System, Johnson Space Center,

24 $7,400,000;
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1 (4) Rehabilitation of Electrical Distribution

2 System, Project Management Building, Johnson

3 Space Center, $2,200,000;

4 (5) Modification of Launch Complex 39 Exte5 rior Utility Piping, Kennedy Space Center,

6 $1,200,000;

7 (6) Refurbishment of Launch Complex 39 Cool8 ing System, Kennedy Space Center, $4,000,000;

9 (7) Refurbishment of Launch Complex 39 Sec10 ondary Circuit Breakers, Kennedy Space Center,

11 $3,300,000;

12 (8) Refurbishment of Vehicle Assembly Build13 ing/Pad Water Storage Tanks, Kennedy Space Cen14 ter, $3,000,000;

15 (9) Rehabilitation of Industrial Area Fire

16 Alarm Reporting System, Kennedy Space Center,

17 $4,900,000;

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

19 Complex 39 Area, Kennedy Space Center,

20 $5,000,000;

21 (11) Restoration of Class III Landfill, Kennedy

22 Space Center, $1,900,000;

23 (12) Restoration of High Pressure Air Com24 pressor System, Marshall Space Flight Center,

25 $8,500,000;
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1 (13) Restoration of Electrical Power System,

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

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

4 Staging Facility, Michoud Assembly Facility,

5 $1,500,000;

6 (15) Replacement of Cooling Tower and Boiler,

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

8 (16) Restoration of Space Shuttle Main Engine

9 Text Complex High Pressure Industrial Water Sys10 tem, Stennis Space Center, $2,300,000;

11 (17) Restoration of High Pressure Gas Storage

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

13 (18) Restoration of Underground Communica14 tion Distribution System, Stennis Space Center,

15 $3,800,000;

16 (19) Construction of Earth Systems Science

17 Building, Goddard Space Flight Center,

18 $12,000,000;

19 (20) Replacement of Central Plant Steam and

20 Electrical Generation Equipment, Goddard Space

21 Flight Center, $8,600,000;

22 (21) Restoration and Modernization of Chilled

23 Water System, Goddard Space Flight Center,

24 $5,000,000;
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1 (22) Restoration of Airfield, Wallops Flight Fa2 cility, $5,200,000;

3 (23) Replacement of Chillers and Modification

4 of Related Systems, Various Buildings, Jet Propul5 sion Laboratory, $2,900,000;

6 (24) Phase I Facility Studies, Requirements

7 Definition, Design, and Modification and Construc8 tion of National Aeronautics Facilities, Various Lo9 cations, $74,000,000;

10 (25) Modifications for Composite Technology

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

12 (26) National Transonic Facility Productivity

13 Enhancement, Langley Research Center,

14 $60,000,000;

15 (27) Performance Improvements in 11-Foot

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

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

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

22 (30) Modernization of the Unitary Plan Wind

23 Tunnel Complex, Ames Research Center,

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

3 $8,000,000;

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

6 (33) Construction of 34-Meter Multifrequency

7 Antenna, Goldstone Facility, Jet Propulsion Labora8 tory, $17,600,000;

9 (34) Repair of facilities at various locations, not

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

11 (35) Rehabilitation and modification of facilities

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

13 project, $36,000,000;

14 (36) Minor construction of new facilities and

15 additions to existing facilities at various locations,

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

17 (37) Facility Planning and Design,

18 $27,000,000; and

19 (38) Environmental Compliance and Restora20 tion, $50,000,000.

21 Notwithstanding paragraphs (1) through (38), the total

22 amount authorized to be appropriated under this sub23 section shall not exceed $570,300,000.

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

25 appropriated to the National Aeronautics and Space Ad-
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1 ministration for fiscal year 1995 for ‘‘Construction of Fa2 cilities’’, including land acquisition, $422,200,000.

3 (c) ADDITIONAL USES.—The Administrator may use

4 up to a total of $5,000,000 of the funds authorized under

5 paragraphs (26) and (33) of subsection (a) for the estab6 lishment of a Visitor Center for the Lewis Research Cen7 ter if—

8 (1) at least—

9 (A) an equal amount of funding;

10 (B) in-kind resources of equivalent value;

11 or

12 (C) a combination thereof.

13 are provided for such purpose from non-Federal sources;

14 and

15 (2) the use of such funds for such purpose does

16 not adversely affect the construction of the facilities

17 described in such paragraphs (26) and (33).

18 SEC. 104. RESEARCH AND PROGRAM MANAGEMENT.

19 There are authorized to be appropriated to the Na20 tional Aeronautics and Space Administration for ‘‘Re21 search and Program Management’’, $1,650,000,000 for

22 fiscal year 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

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

13 (2) grants to institutions of higher education,

14 or to nonprofit organizations whose primary purpose

15 is the conduct of scientific research, for purchase or

16 construction of additional research facilities.

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

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

19 in the United States unless the Administrator determines

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

23 purchase or construction is not substantial enough to war24 rant vesting title in the United States. Each grant under

25 subsection (a)(2) shall be made under such conditions as
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1 the Administrator shall determine to be required to ensure

2 that the United States will receive therefrom benefits ade3 quate 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

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

7 estimated cost of which, including collateral equipment,

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

9 Administrator has notified the Committee on Commerce,

10 Science, and Transportation of the Senate and the Com11 mittee on Science, Space, and Technology of the House

12 of Representatives of the nature, location, and estimated

13 cost of such facility.

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 associ19 ated with personnel relocation and for other services pro20 vided during the fiscal year following the fiscal year for

21 which funds are appropriated.

22 SEC. 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 conclu4 sive 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 fa8 cilities and additions to, repair of, rehabilitation of, or

9 modification of existing facilities, except that the cost of

10 each such project, including collateral equipment, shall not

11 exceed $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 collat16 eral 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

2 be 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 Sen6 ate and the Committee on Science, Space, and Tech7 nology of the House of Representatives on the cir8 cumstances of such action, may be varied upward by

9 25 percent, 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 au12 thorized under paragraphs (1) and (2) of this section.

13 SEC. 115. SPECIAL REPROGRAMMING AUTHORITY FOR

14 CONSTRUCTION OF FACILITIES.

15 Where the Administrator determines that new devel16 opments or scientific or engineering changes in the na17 tional program of aeronautical and space activities have

18 occurred; and that such changes require the use of addi19 tional funds for the purposes of construction, expansion,

20 or modification of facilities at any location; and that defer21 ral of such action until the enactment of the next National

22 Aeronautics and Space Administration Authorization Act

23 would be inconsistent with the interest of the Nation in

24 aeronautical and space activities; the Administrator may

25 transfer not to exceed one-half of one percent of the funds
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1 appropriated pursuant to sections 101 and 102 to the ap2 propriation under section 103 for such purposes. The Ad3 ministrator may also use up to $10,000,000 of the

4 amounts authorized under section 103 for such purposes.

5 The funds so made available pursuant to this section may

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

7 install permanent or temporary public works, including

8 land acquisition, site preparation, appurtenances, utilities,

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

10 period of 30 days has passed after the Administrator has

11 transmitted to the Committee on Commerce, Science, and

12 Transportation of the Senate and the Committee on

13 Science, Space, and Technology of the House of Rep14 resentatives a written report describing the nature of the

15 construction, its costs, and the reasons therefor.

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

20 Congress from requests as originally made by the

21 President for the National Aeronautics and Space

22 Administration to either the Committee on Com23 merce, Science, and Transportation of the Senate or

24 the Committee on Science, Space, and Technology of

25 the 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

7 been presented to either such committee,

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

9 by each such committee, of notice given by the Adminis10 trator containing a full and complete statement of the ac11 tion proposed to be taken and the facts and circumstances

12 relied upon in support of such proposed action. The Na13 tional Aeronautics and Space Administration shall keep

14 the Committee on Commerce, Science, and Transportation

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

16 Technology of the House of Representatives fully and cur17 rently informed with respect to all activities and respon18 sibilities within the jurisdiction of those committees. Any

19 Federal department, agency, or independent establishment

20 shall furnish any information requested by either commit21 tee relating to any 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

3 of enactment of this Act, the Administrator shall submit

4 a report 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

9 are in excess of amounts authorized for the relevant

10 program, 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 Adminis14 trator shall, coincident with the submission of the report

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

16 a notice of all programs, projects, or activities not specifi17 cally authorized under Act, and solicit public comment

18 thereon regarding the impact of any such obligations on

19 the conduct and effectiveness of the national aeronautics

20 and space program.

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 Com16 merce, Science, and Transportation of the Senate, and

17 such Committees 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

22 1995;

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

24 1994 and no funds for fiscal year 1995;
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1 (3) section 102(2), only $1,887,800,000 for fis2 cal year 1994 and only $1,870,000,000 for fiscal

3 year 1995; and

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

5 of fiscal years 1994 and 1995 to effect the closure

6 of at least one National Aeronautics and Space Ad7 ministration Center and the corresponding reduction

8 in full-time equivalent employees,

9 may be expended unless $1,900,000,000 are made avail10 able for such fiscal year for the Space Station Freedom.

11 SEC. 121. AUTHORIZATIONS AVAILABLE FOR DISASTER RE12 LIEF.

13 Notwithstanding any other provision of this title, 1

14 percent of the amounts authorized to be appropriated

15 under sections 100 and 101(a) shall also be authorized

16 to be appropriated for purposes of carrying out disaster

17 relief activities in response to major disasters declared by

18 the President, if the President requests the use of such

19 percentage for such purposes.

20 SEC. 122. FACILITY PLAN AND ANALYSIS.

21 Within 60 days after the date of the enactment of

22 this Act, the Administrator shall submit to the Congress

23 a plan for utilizing the facilities acquired by the National

24 Aeronautics and Space Administration in Yellow Creek,

25 Mississippi, that includes an analysis of—
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1 (1) the increased costs or savings that would re2 sult from using these new facilities to support activi3 ties that are consistent with the programs author4 ized by this Act; and

5 (2) the costs and benefits of disposing of those

6 facilities as surplus government assets.

7 TITLE II—ADVANCED SPACE

8 TECHNOLOGY PROGRAM

9 SEC. 201. POLICY.

10 It is the policy of the United States that—

11 (1) the Administrator, in planning for national

12 programs in space science and application, aero13 nautical research, space flight, advanced concepts

14 and technology, and exploration, shall consider ways

15 in which the competitiveness of the United States in

16 advanced space technologies can be enhanced;

17 (2) the Administrator shall work closely with

18 other Federal agencies, States, local governments,

19 and industry to coordinate and execute the advanced

20 space technology investment activities of the Na21 tional Aeronautics and Space Administration;

22 (3) opportunities for investment in advanced

23 space technologies that advance the competitiveness

24 of the United States shall be identified in concert

25 with United States industry; and
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1 (4) the Administrator shall encourage the es2 tablishment of industry-led consortia to maximize

3 the opportunities described in paragraph (3).

4 SEC. 202. ADVANCED SPACE TECHNOLOGY INVESTMENT

5 PROGRAM.

6 (a) COMPETITIVE PROGRAM.—The Administrator

7 shall establish a competitive program under this section—

8 (1) to advance the capabilities of United States

9 space technology;

10 (2) to encourage industry-led consortia to de11 velop advanced space technologies that advance the

12 competitiveness of the United States; and

13 (3) to encourage participation by industrial par14 ticipants not part of the traditional Federal con15 tracting base.

16 (b) ELIGIBLE PARTICIPANTS.—

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

18 cooperative arrangements among 2 or more eligible

19 firms, or a nonprofit research organization estab20 lished by 2 or more eligible firms, are eligible par21 ticipants under this section. Such eligible partici22 pants may include participation by Federal labora23 tories, institutions of higher education, State agen24 cies, and other entities.
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1 (c) CRITERIA.—In selecting from among applicants

2 for financial assistance under this section, the Adminis3 trator shall consider—

4 (1) the potential of the proposed project to de5 velop advanced space technologies that enhance the

6 long-term ability of the United States to make ad7 vances in space transportation, exploration, experi8 mentation, and commerce;

9 (2) the application’s scientific and technical

10 merit;

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

12 (4) the potential for long-term commercial ap13 plication of the technologies in nongovernmental

14 markets;

15 (5) the likelihood that the goals and objectives

16 of the proposed application will not be achieved with17 out financial assistance under this section; and

18 (6) such other criteria as the Administrator

19 considers appropriate.

20 (d) NON-FEDERAL CONTRIBUTION.—The Adminis21 trator shall ensure that the amount of the funds provided

22 by the Federal Government under this section does not

23 exceed the total amount provided by non-Federal partici24 pants for any one application. The Administrator shall en25 sure that not less than 30 percent of total funding for
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1 any project for which financial assistance is made avail2 able under this section is provided by industry.

3 (e) FINANCING MECHANISMS.—The Administrator

4 shall make full use of the various authorities available

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

6 Space Act of 1958 to carry out this section, especially

7 when applied to eligible firms which are not part of the

8 traditional Federal contracting base.

9 SEC. 203. COORDINATION WITH EXISTING PROGRAMS.

10 The Administrator shall coordinate existing activities

11 within the National Aeronautics and Space Administra12 tion, including the Small Business Innovation Research

13 Program and Independent Research and Development ac14 tivities conducted by industry, with the advanced space

15 technology investment activities established under this

16 title. The Administrator shall coordinate such advanced

17 space technology investment activities with existing pro18 grams of the Department of Commerce, the Department

19 of Defense, the Department of Energy, and other Federal

20 agencies to maximize the United States investment in ad21 vanced space technology.

22 SEC. 204. REPORT TO CONGRESS.

23 The Administrator shall assess the advanced space

24 technology investment activities established under this

25 title, and shall submit a report to Congress on the results
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1 of such activities to accompany the President’s budget re2 quest for fiscal year 1996.

3 SEC. 205. DEFINITIONS.

4 For the purposes of this title—

5 (1) the term ‘‘advanced space technology’’

6 means technologies which are fundamentally new ca7 pabilities requiring basic research, as opposed to

8 evolutions of current technologies and systems;

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

10 entity—

11 (A) that conducts a significant level of its

12 research, development, engineering, and manu13 facturing activities in the United States;

14 (B) the majority ownership or control of

15 which is held by United States citizens; or

16 (C) with a parent company that is incor17 porated in a country, the government of

18 which—

19 (i) permits the participation of firms

20 incorporated in the United States in re21 search and development consortia to which

22 the government of that country provides

23 funding directly or indirectly through

24 international organizations; and
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1 (ii) affords adequate and effective pro2 tection for the intellectual property rights

3 of firms incorporated in the United States,

4 and that maintains substantial employment in the

5 United States and agrees to promote the manufac6 turing within the United States of products resulting

7 from technologies developed under this title;

8 (3) the term ‘‘Federal laboratory’’ has the

9 meaning given such term in section 4(6) of the Ste10 venson-Wydler Technology Innovation Act of 1980;

11 and

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

13 States, the District of Columbia, the Commonwealth

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

15 Samoa, the Commonwealth of the Northern Mariana

16 Islands, and any other territory or possession of the

17 United States.

18 SEC. 206. TECHNOLOGY PROCUREMENT INITIATIVE.

19 (a) IN GENERAL.—The Administrator shall coordi20 nate National Aeronautics and Space Administration re21 sources in the areas of procurement, commercial pro22 grams, and advanced technology in order to—

23 (1) fairly assess and procure commercially

24 available technology from the marketplace in the

25 most efficient manner practicable;
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1 (2) achieve a continuous pattern of integrating

2 advanced technology from the commercial sector into

3 the missions and programs of the National Aero4 nautics and Space Administration;

5 (3) incorporate private sector buying and bid6 ding procedures, including fixed price contracts, into

7 procurements; and

8 (4) provide incentives for cost-plus contractors

9 of the National Aeronautics and Space Administra10 tion to integrate commercially available technology

11 in subsystem contracts on a fixed-price basis.

12 (b) CERTIFICATION.—Upon solicitation of any pro13 curement for space hardware, technology, or services that

14 are not commercially available, the Administrator shall

15 certify, by publication of a notice and opportunity to com16 ment in the Commerce Business Daily, for each such pro17 curement action, that no functional equivalent, commer18 cially available space hardware, technology, or service ex19 ists and that no commercial method of procurement is

20 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

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

7 year, transmit to the Congress—

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

9 development costs for each individual program under

10 the jurisdiction of the National Aeronautics and

11 Space Administration for which development costs

12 are 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

25 following 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 in21 serting 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

2 be launched’’;

3 (7) in section 6(b)(2)—

4 (A) by inserting ‘‘or reentry’’ after ‘‘pre5 vent the launch’’;

6 (B) by striking ‘‘holder of a launch li7 cense’’ and inserting in lieu thereof ‘‘licensee’’;

8 and

9 (C) by inserting ‘‘or reentry’’ after ‘‘deter10 mines that the launch’’;

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

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

13 site’’;

14 (9) in section 7, by striking ‘‘both’’ and insert15 ing in lieu thereof ‘‘for reentering one or more re16 entry vehicles’’;

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

18 12(a)(2)(B), and 12(b), by inserting ‘‘, or reentry of

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

20 each place it appears;

21 (11) in section 8(b), by inserting ‘‘and the re22 entry of reentry vehicles,’’ after ‘‘operation of launch

23 sites,’’;

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

25 after ‘‘launch or operation’’;
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1 (13) in section 12(a)(1), by inserting ‘‘or re2 entry’’ after ‘‘prevent the launch’’;

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

4 after ‘‘prevent the launch’’;

5 (15) in section 14(a)(1)—

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

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

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

9 ‘‘assembly of a launch vehicle’’;

10 (16) in section 15(b)(4)(A)—

11 (A) by inserting ‘‘and reentries’’ after ‘‘en12 sure that the launches’’;

13 (B) by inserting ‘‘or reentry date commit14 ment’’ after ‘‘launch date commitment’’;

15 (C) by inserting ‘‘or reentry’’ after ‘‘ob16 tained for a launch’’;

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

18 ‘‘United States launch sites’’;

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

20 ‘‘access to a launch site’’;

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

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

23 and

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

25 scheduled launch’’;
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1 (17) in section 15(b)(4)(B), by inserting ‘‘or re2 entry’’ after ‘‘prompt launching’’;

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

4 after ‘‘launch site’’;

5 (19) in section 16(a)(1)(A) and (B), by insert6 ing ‘‘or reentry’’ after ‘‘any particular launch’’ each

7 place it appears;

8 (20) in section 16(a)(1)(C) and (D), by insert9 ing ‘‘or a reentry’’ after ‘‘launch services’’ each place

10 it appears;

11 (21) in section 16(a)(2), by inserting ‘‘or re12 entry’’ after ‘‘launch services’’;

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

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

15 each place it appears;

16 (23) in section 17(b)(2)(A)—

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

18 ‘‘launch site,’’; and

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

20 ‘‘site of a launch vehicle’’;

21 (24) in section 21(a), by inserting ‘‘and re22 entry’’ after ‘‘approval of space launch’’;

23 (25) in section 21(b)—

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

25 ‘‘A launch vehicle’’; and
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1 (B) by inserting ‘‘or reentry’’ after ‘‘the

2 launching’’;

3 (26) in section 21(c)(1)—

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

5 (B) by redesignating subparagraph (C) as

6 subparagraph (D); and

7 (C) by inserting after subparagraph (B)

8 the following new subparagraph:

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

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

11 after ‘‘launch,’’;

12 (28) in section 22(a)—

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

14 enactment of this Act and before October 1,

15 1989’’; and

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

17 ‘‘further commercial launches’’; and

18 (29) in section 24, by inserting ‘‘There are au19 thorized to be appropriated to the Secretary

20 $4,467,000 to carry out this Act for fiscal year

21 1994.’’ after ‘‘$4,900,000 to carry out this Act.’’.

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

23 Transportation shall submit to Congress an annual report

24 to accompany the President’s budget request which re25 views the performance of the regulatory activities and the
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1 effectiveness of the Office of Commercial Space Transpor2 tation.

3 SEC. 303. SPACE TRANSPORTATION INFRASTRUCTURE

4 MATCHING GRANTS.

5 In order to ensure the continued resiliency of the Na6 tion’s space transportation infrastructure, the Secretary

7 of Transportation is authorized to make project grants to

8 public agencies in accordance with section 505 of Public

9 Law 102–588. There are authorized to be appropriated

10 for such grants, $10,000,000 for fiscal year 1995. Such

11 funds shall remain available until expended.

12 SEC. 304. OFFICE OF SPACE COMMERCE AUTHORIZATION.

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

14 The Office of Space Commerce of the Department of Com15 merce shall be responsible for the development and coordi16 nation of all policy recommendations and activities per17 taining to commercial activities in space except those func18 tions and activities explicitly authorized in statute to other

19 Federal agencies. In carrying out this responsibility, such

20 Office shall consult with other Federal agencies as appro21 priate, including the Department of Transportation, the

22 National Aeronautics and Space Administration, the De23 partment of Defense, the Department of State, and the

24 Office of the United States Trade Representative.
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1 (b) FUNCTIONS.—The Office of Space Commerce

2 shall be the principal unit for the coordination of space3 related issues, programs, and initiatives within the De4 partment of Commerce. The Office’s responsibilities shall

5 include—

6 (1) promoting private sector investment in

7 space activities by collecting, analyzing, and dissemi8 nating information on space markets, and conduct9 ing workshops and seminars to increase awareness

10 of commercial space opportunities;

11 (2) assisting commercial space companies in

12 their efforts to do business with the United States

13 Government, and acting as an industry advocate

14 within the executive branch to ensure that the Fed15 eral Government meets its space-related require16 ment, to the fullest extent feasible, with commer17 cially available space goods and services;

18 (3) ensuring that the United States Govern19 ment does not compete with the private sector in the

20 provision of space hardware and services otherwise

21 available from the private sector;

22 (4) promoting the export of space-related goods

23 and services;

24 (5) representing the Department of Commerce

25 in the development of United States policies and in
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1 negotiations with foreign countries to ensure free

2 and fair trade internationally in the area of space

3 commerce;

4 (6) seeking the removal of legal, policy, and in5 stitutional impediments to space commerce; and

6 (7) supporting the private sector’s role in the

7 commercial development of Landsat remote sensing

8 data distribution.

9 (c) REPORT.—The Office of Space Commerce shall,

10 within 6 months after the date of enactment of this Act,

11 submit a report to the President and the Congress con12 taining recommendations for procuring space infrastruc13 ture, space launch and launch support facilities, and pay14 loads using proof of concept methods and unsolicited pro15 posals. In preparing such report, the Office of Space Com16 merce shall consult with appropriate persons in the private

17 sector.

18 (d) AUTHORIZATION OF APPROPRIATIONS.—In order

19 to carry out this section, there are authorized to be appro20 priated to the Secretary of Commerce for the Office of

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

22 SEC. 305. USE OF DOMESTIC PRODUCTS.

23 (a) GENERAL RULE.—Except as provided in sub24 section (b), the Administrator shall ensure that procure25 ments are conducted in compliance with sections 2
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1 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a

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

3 Act’’).

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

5 procurements made for which—

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

7 made available; and

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

9 of enactment of this Act.

10 (c) INAPPLICABILITY IN CASE OF VIOLATION OF

11 INTERNATIONAL AGREEMENT.—This section shall not

12 apply to the extent that the United States Trade Rep13 resentative determines that a procurement described in

14 subsection (b) would be in violation of the General Agree15 ment on Tariffs and Trade or an international agreement

16 to which the United States is a party.

17 (d) PURCHASE OF AMERICAN MADE EQUIPMENT

18 AND PRODUCTS.—

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

20 Congress that any recipient of a grant under this

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

22 should purchase, when available and cost-effective,

23 American made equipment and products when ex24 pending grant monies.
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1 (2) NOTICE TO RECIPIENTS OF ASSISTANCE.—

2 In allocating grants under this Act, or under any

3 amendment made by this Act, the Secretary shall

4 provide to each recipient a notice describing the

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

6 SEC. 306. REQUIREMENT FOR INDEPENDENT COST

7 ANALYSIS.

8 The Chief Financial Officer for the National Aero9 nautics and Space Administration shall be responsible for

10 conducting independent cost analyses of all new projects

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

12 the results annually to Congress at the time of the submis13 sion of the President’s budget request. In developing cost

14 accounting and reporting standards for carrying out this

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

16 practicable and consistent with other laws, solicit the ad17 vice of expertise outside of the National Aeronautics and

18 Space Administration.

19 SEC. 307. GLOBAL CHANGE DATA AND INFORMATION

20 SYSTEM.

21 Title I of the Global Change Research Act of 1990

22 (15 U.S.C. 2931 et seq.) is amended by adding at the end

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

2 SYSTEM.

3 ‘‘(a) The National Aeronautics and Space Adminis4 tration, in coordination with other agencies that belong to

5 the Committee on Earth and Environmental Sciences,

6 shall establish the requirements and architecture for, de7 sign, and develop a Global Change Data and Information

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

9 and distribute data generated by the Global Change Re10 search Program.

11 ‘‘(b) The National Aeronautics and Space Adminis12 tration shall design the Global Change Data and Informa13 tion System—

14 ‘‘(1) so that other Federal agencies may con15 nect data centers operated by such agencies to such

16 System; and

17 ‘‘(2) so as to minimize, to the extent prac18 ticable, 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

4 Sciences shall develop and submit to the Congress within

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

6 for providing access to data from classified archives and

7 systems for global change research. The plan shall—

8 (1) to the extent consistent with classification

9 restrictions, identify what data from classified ar10 chives and systems may be valuable and available for

11 global 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 distrib19 ute such data.

20 SEC. 309. ORBITAL DEBRIS.

21 The Office of Science and Technology Policy, in co22 ordination with the National Aeronautics and Space Ad23 ministration, the Department of Defense, the Department

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

25 a 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 de2 sign standards and operational procedures to minimize the

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

4 for the incorporation of the standards into all United

5 States civil, military, and commercial space activities. Fi6 nally, the plan shall include a schedule for the development

7 of an international agreement on the control of orbital de8 bris.

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

10 AMENDMENTS.

11 (a) POLICY AND PURPOSE.—Section 102 of the Na12 tional Aeronautics and Space Act of 1958 (42 U.S.C.

13 2451) is amended—

14 (1) by striking subsections (e) and (f) and in15 serting in lieu thereof the following:

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

17 of the United States requires that the unique competence

18 in scientific and engineering systems of the National Aero19 nautics and Space Administration also be directed toward

20 supporting the private sector development of advanced

21 space technologies which enhance economic growth, com22 petitiveness, and productivity.’’;

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

24 subsections (f) and (g), respectively; and
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1 (3) in subsection (g), as so redesignated, by

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

3 ‘‘and (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 over16 all management and infrastructure of current United

17 States and foreign expendable space launch vehicles. The

18 study shall also determine the approximate effect of these

19 differences on the relative cost, reliability, and operational

20 efficiency of such space launch systems. This study shall

21 be conducted in consultation with the Department of De22 fense and, as appropriate, other Federal agencies, United

23 States industries, and academic institutions. The results

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

25 than October 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

12 of 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 inno20 vative technological research at universities that do

21 not participate in the University Space Engineering

22 Research 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 Innova10 tion 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

15 and Technology program.

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

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

18 Congress within one year after the date of enactment of

19 this 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 re7 quire that all cost-type research and development con8 tracts entered into by the National Aeronautics and Space

9 Administration for the acquisition of articles or services

10 shall incorporate a provision which holds the contractor

11 liable, in accordance with subsection (c) of this section,

12 for failure to comply with the requirements of the con13 tract.

14 (b) LIABILITIES.—A provision described in sub15 section (a) shall, in the event of such a failure, hold the

16 contractor liable for the lesser of—

17 (1) 50 percent of the cost of rectifying such

18 failure; or

19 (2) 10 percent of the contract value at the time

20 of such failure.

21 (c) EXCEPTIONS.—Liability under subsection (b)

22 shall not be imposed if—

23 (1) the failure occurred despite the best efforts

24 of the contractor and could not have been reasonably

25 predicted at the time the contract was awarded; or
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1 (2) the failure occurred notwithstanding the

2 fact that the contractor had adopted, and its em3 ployees were following, generally accepted industrial

4 practices in carrying out the contract requirements.

5 (d) PROHIBITION.—The cost of insurance to cover

6 potential liabilities described in subsection (b) shall not be

7 an allowable cost under a contract described in subsection

8 (a).

9 SEC. 315. LAND CONVEYANCE.

10 The Administrator may accept the conveyance to the

11 United States of certain parcels of land from the cities

12 of Cleveland and Brook Park, Ohio, for the purpose of

13 establishing a Visitor Center for the Lewis Research

14 Center.

15 SEC. 316. PROCUREMENT.

16 (a) PROCUREMENT DEMONSTRATION PROGRAM.—

17 (1) IN GENERAL.—The Administrator shall es18 tablish within the Office of Advanced Concepts and

19 Technology a program of expedited technology pro20 curement for the purpose of demonstrating how in21 novative technology concepts can rapidly be brought

22 to bear upon space missions of the National Aero23 nautics and Space Administration.

24 (2) PROCEDURES AND EVALUATION.—The Ad25 ministrator shall establish procedures for actively
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1 seeking from nongovernment persons innovative

2 technology concepts relating to the provision of

3 space hardware, technology, or services to the Na4 tional Aeronautics and Space Administration, and

5 for the evaluation of such concepts by the National

6 Aeronautics and Space Administration’s Advisory

7 Council against mission requirements.

8 (3) REQUIREMENT.—At least 10 percent of

9 amounts authorized to be appropriated under section

10 101(b)(8) for each fiscal year shall be used for inno11 vative technology procurements that are determined

12 under paragraph (2) of this subsection to meet mis13 sion requirements.

14 (4) SPECIAL AUTHORITY.—In order to carry

15 out this subsection the Administrator shall recruit

16 and hire for limited term appointments persons from

17 the nongovernmental sector with special expertise

18 and experience related to the innovative technology

19 concepts with respect to which procurements are

20 made under this subsection.

21 (b) SUNSET.—This section shall cease to be effective

22 10 years after the date of its enactment.

23 SEC. 317. REMOTE SENSING FOR AGRICULTURAL AND RE24 SOURCE MANAGEMENT.

25 (a) FINDINGS.—The Congress finds that—
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1 (1) the use of remote sensing data is potentially

2 a valuable resource to anticipate potential food, feed,

3 and fiber shortages or excesses, and provide this in4 formation to the agricultural community in time to

5 assist farmers with planting decisions;

6 (2) remote sensing data can be useful to predict

7 impending famine problems and forest infestations

8 in time to allow remedial action;

9 (3) remote sensing data can inform the agricul10 tural community as to the condition of crops and the

11 land which sustains those crops;

12 (4) remote sensing data can be useful to allow

13 farmers to apply pesticides, nutrients, and water,

14 among other inputs, to farmlands in the exact

15 amounts necessary to maximize crop yield, thereby

16 reducing agricultural costs and minimizing potential

17 harm to the environment;

18 (5) remote sensing data can be valuable, when

19 received on a timely basis, in determining the needs

20 of additional plantings of a particular crop or a sub21 stitute crop; and

22 (6) the National Aeronautics and Space Admin23 istration, using the expertise of the Earth Observa24 tions Commercialization Applications Program, and

25 the Department of Agriculture should work in tan-
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1 dem to aid farmers to obtain data conducive to

2 sound agricultural management and greater crop

3 yields.

4 (b) INFORMATION DEVELOPMENT.—The Secretary of

5 Agriculture and the Administrator of the National Aero6 nautics and Space Administration, maximizing private

7 funding and involvement, shall provide farmers and other

8 interested persons with timely information, through re9 mote sensing, on crop conditions, fertilization and irriga10 tion needs, pest infiltration, soil conditions, projected food,

11 feed, and fiber production and any other information

12 available through remote sensing.

13 (c) ENHANCED REMOTE SENSING PROGRAM.

14 (1) The Secretary of Agriculture and the Ad15 ministrator of the National Aeronautics and Space

16 Administration shall jointly evaluate the need for a

17 radar imaging platform that could enhance U.S. re18 mote sensing capability by providing information

19 and data relating to agricultural resources, and

20 which may have other commercial and research ap21 plications.

22 (2) In the event there is a finding of need for

23 a platform as set forth in paragraph (1), the Sec24 retary of Agriculture and the Administrator of the

25 National Aeronautics and Space Administration
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1 shall jointly develop a proposal, which maximizes

2 private funding and involvement in the launch and

3 operation of such platform, and in the management

4 and dissemination of the data from such platform.

5 The Secretary and the Administrator shall jointly

6 submit the proposal, within 30 days of its develop7 ment, to the House Committee on Agriculture, the

8 Senate Committee on Agriculture, Nutrition, and

9 Forestry, the House Committee on Science, Space

10 and Technology, and the Senate Committee on Com11 merce, Science, and Transportation.

12 (d) TRAINING.—The Secretary of Agriculture and the

13 Administrator of the National Aeronautics and Space Ad14 ministration shall jointly develop a proposal to inform

15 farmers and other prospective users concerning the use

16 and availability of remote sensing data.

17 (e) SUNSET.—The provisions of this section shall ex18 pire 5 years after the date of enactment of this Act.

19 SEC. 318. ADDITIONAL NATIONAL AERONAUTICS AND

20 SPACE ADMINISTRATION FACILITIES.

21 (a) SELECTION IN DEPRESSED COMMUNITIES.—

22 When consistent with the goals of the National Aero23 nautics and Space Administration and cost-effective, the

24 Administrator shall select sites in depressed communities

25 for new programs or functions of the National Aeronautics
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1 and Space Administration, unless those new programs or

2 functions are so closely related to programs or functions

3 carried out at an existing facility as to require being car4 ried out at that existing facility.

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

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

7 communities that are relatively depressed, in terms of age

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

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

10 SEC. 319. RECIPROCITY.

11 (a) GENERAL RULE.—Except as provided in sub12 section (b), no contract or subcontract may be made with

13 funds authorized under this Act to a company organized

14 under the laws of a foreign country unless the Adminis15 trator finds that such country affords comparable oppor16 tunities to companies organized under the laws of the

17 United States.

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

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

20 services required are not reasonably available from compa21 nies organized under the laws of the United States. Any

22 such waiver shall be reported to the Congress.

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

24 to do so would violate the General Agreement on Tariffs
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1 and Trade or any other international agreement to which

2 the United States is a party.

3 SEC. 320. HELIUM PURCHASES.

4 The National Aeronautics and Space Administration

5 may purchase helium from private sector sources.

6 SEC. 321. DIVERSITY FACTORS IN PROCUREMENT.

7 (a) IN GENERAL.—The Administrator shall ensure,

8 to the fullest extent possible, that at least 8 percent of

9 the funding made available to the National Aeronautics

10 and Space Administration for each fiscal year is made

11 available for contracts with—

12 (1) socially and economically disadvantaged

13 small business concerns;

14 (2) business concerns or other organizations

15 that are at least 51 percent owned or controlled by

16 women;

17 (3) historically Black colleges and universities;

18 and

19 (4) colleges and universities having a student

20 body in which more than 20 percent of the students

21 are Hispanic Americans, and other Minority Institu22 tions.

23 (b) WAIVER OF COMPETITIVE PROCEDURES.—To the

24 extent necessary to carry out subsection (a), the Adminis25 trator may enter into contracts using less than full and
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1 open competitive procedures, but shall pay a price not ex2 ceeding fair market cost by more than 10 percent in pay3 ment per contract to contractors or subcontractors de4 scribed in subsection (a).

5 (c) REGULATIONS.—The Administrator shall issue

6 such regulations as are necessary to carry out this section,

7 including—

8 (1) guidelines for contracting officers of the

9 National Aeronautics and Space Administration for

10 carrying out subsection (b);

11 (2) to the extent practicable, provision for no12 tice, before solicitation for procurements, that spe13 cific procurements have been designated for satisfy14 ing the requirement of subsection (a); and

15 (3) procedures for implementing this section

16 that do not alter the procurement process under sec17 tion 8(a) of the Small Business Act.

18 (d) DEFINITIONS.—For purposes of this section—

19 (1) the term ‘‘historically Black colleges and

20 universities’’ has the meaning given the term ‘‘part

21 B institution’’ in section 322(2) of the Higher Edu22 cation Act of 1965;

23 (2) the term ‘‘other Minority Institution’’ has

24 the meaning given the term ‘‘eligible institution’’ in
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1 section 312(b) of the Higher Education Act of 1965;

2 and

3 (3) the term ‘‘socially economically disadvan4 taged small business concerns’’ has the meaning

5 given such term in section 8(a)(4)(A) of the Small

6 Business Act.

7 TITLE IV—AERONAUTICS

8 RESEARCH AND TECHNOLOGY

9 SEC. 401. FINDINGS.

10 The Congress finds that—

11 (1) the aerospace industry makes a major con12 tribution to the economy of the United States, ac13 counting for the largest positive trade balance of any

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

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

16 jobs;

17 (2) the international market share of the Unit18 ed States aerospace industry has steadily eroded due

19 to competition from foreign consortia that receive

20 substantial direct subsidies from their governments;

21 (3) the United States aerospace industry is fur22 ther negatively impacted by reduced investment in

23 national defense;

24 (4) the continued competitiveness of the United

25 States aerospace industry can be significantly aided
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1 by an enhanced Federal investment in technology

2 base research and development in aeronautics;

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

4 facilities is a key element of Federal investment in

5 aeronautics research and development;

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

7 aeronautics to the economy and society will rely on

8 a continued commitment to pioneering research and

9 development such as the National Aero-Space Plane;

10 (7) the National Aero-Space Plane program

11 should explore the possibility of collaboration with

12 other nations for opportunities that would offer

13 unique programmatic benefits without compromising

14 the strategic advantage to the United States; and

15 (8) cost sharing for facilities use is a highly de16 sirable objective given the deficit reduction goals of

17 the President and the Congress.

18 SEC. 402. DEFINITION.

19 For purposes of this title, the term ‘‘independent or20 ganization’’ means an organization that does not receive

21 significant funding or support from the National Aero22 nautics and Space Administration, other than under sec23 tions 403, 404, and 406.
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1 SEC. 403. INDEPENDENT PERFORMANCE REVIEW.

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

3 development of a plan establishing criteria, procedures,

4 and milestones for the evaluation, by an independent orga5 nization, of advances made in fundamental aeronautics re6 search and development and the progress made by the aer7 onautics programs of the National Aeronautics and Space

8 Administration in achieving their goals. Such plan shall

9 be developed by an independent organization in consulta10 tion with the Administrator. The plan shall also describe

11 criteria and procedures for terminating National Aero12 nautics and Space Administration programs that are not

13 making acceptable progress toward their goals. The Ad14 ministrator shall submit a report describing such plan to

15 the Congress within 6 months after the date of the enact16 ment of this Act.

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

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

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

20 the Administrator shall submit to the Congress an annual

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

22 independent organization, of the progress made by the Na23 tional Aeronautics and Space Administration in advancing

24 aeronautics and achieving the goals of aeronautics pro25 grams. Such evaluation shall be conducted using the cri-
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1 teria, procedures, and milestones established under the

2 plan required by subsection (a).

3 SEC. 404. TECHNOLOGY TRANSFER REVIEW.

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

5 development of a plan establishing criteria and procedures

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

7 effectiveness of technology transfer from the National Aer8 onautics and Space Administration’s aeronautics pro9 grams to industry and other public organizations. Such

10 plan shall be developed by an independent organization in

11 consultation with the Administrator. The plan shall in12 clude clear, quantitative measures of the success of such

13 technology transfer activities. The Administrator shall

14 submit a report describing such plan to the Congress with15 in 6 months after the date of the enactment of this Act.

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

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

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

19 the Administrator shall submit to the Congress an annual

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

21 independent organization, of the effectiveness of the Na22 tional Aeronautics and Space Administration’s technology

23 transfer programs. Such evaluation shall be conducted

24 using the criteria and procedures established under the

25 plan required by subsection (a).
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1 SEC. 405. FACILITIES COST SHARING.

2 The Administrator, in conjunction with other ongoing

3 activities of the National Aeronautics and Space Adminis4 tration such as the Aerospace Facilities Plan, shall study

5 existing and potential cost sharing provisions between the

6 Federal Government and industry as they relate to the

7 use of wind tunnels and related test facilities to ensure

8 that cost sharing is employed to the fullest reasonable ex9 tent. The Administrator shall submit to the Congress the

10 results of such study concurrent with the completion of

11 the Aerospace Facilities Plan, or one year after the date

12 of enactment of this Act, whichever occurs first.

13 SEC. 406. JOINT AERONAUTICAL RESEARCH AND DEVELOP14 MENT PROGRAM.

15 (a) ESTABLISHMENT.—The Administrator and the

16 heads of other appropriate Federal agencies shall jointly

17 establish a program for the purpose of conducting re18 search on aeronautical technologies that enhance United

19 States competitiveness. Such program shall include—

20 (1) research on next-generation wind tunnel

21 and advanced wind tunnel instrumentation tech22 nology;

23 (2) research on advanced engine materials, en24 gine concepts, and testing of propulsion systems or

25 components of the high-speed civil transport re26 search program;
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1 (3) advanced general aviation research;

2 (4) advanced rotorcraft research; and

3 (5) advanced hypersonic aeronautical research.

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

5 entered into under the program established under sub6 section (a) shall be administered using procedures devel7 oped jointly by the Administrator and the heads of the

8 other Federal agencies involved in the program. These

9 procedures should include an integrated acquisition policy

10 for contract and grant requirements and for technical data

11 rights that are not an impediment to joint programs

12 among the National Aeronautics and Space Administra13 tion, the other Federal agencies involved in the program,

14 and industry.

15 (c) ELEMENTS OF PROGRAM.—The program estab16 lished under subsection (a) shall include—

17 (1) selected programs that jointly enhance pub18 lic and private aeronautical technology development;

19 (2) an opportunity for private contractors to be

20 involved in such technology research and develop21 ment; and

22 (3) the transfer of Government-developed tech23 nologies to the private sector to promote economic

24 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

10 a 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

13 hypersonic flight regime and the timely realization of

14 a single-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

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

19 by integrating with the rocket-based hypersonic flight ex20 periments the development, in the shortest possible time

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

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

23 with the objective of providing data that would accelerate

24 the ultimate development of a single-stage-to-orbit, air25 breathing plane. The Administrator shall report the re-
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1 sults of the study to Congress no later than 6 months after

2 the date of the enactment of this Act.

Passed the House of Representatives July 29, 1993.

Attest:

Clerk.

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