`[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2200 Engrossed in House (EH)]

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.






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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Aeronautics and Space 
Administration Authorization Act, Fiscal Years 1994 and 1995''.

SEC. 2. FINDINGS.

    The Congress finds and declares that--
            (1) the civil space program has the potential to contribute 
        to the advancement of technologies critical to the 
        competitiveness and productivity of United States industry;
            (2) the core mission of the National Aeronautics and Space 
        Administration is, and depends upon, the extension of human 
        presence beyond Planet Earth, specifically by the construction 
        and operation of the International Space Station Freedom in the 
        near term, and by the acquisition and development of knowledge 
        necessary for expanding human presence beyond low Earth orbit 
        to other celestial bodies over the middle and long term;
            (3) the Administrator should explore ways of encouraging 
        voluntary retirements by National Aeronautics and Space 
        Administration personnel in order to facilitate any 
        restructuring associated with the redesign of the space 
        station;
            (4) the reduction in international tensions and the end of 
        the Cold War provide an opportunity for the National 
        Aeronautics and Space Administration to achieve a closer 
        coordination with defense-related agencies and, consistent with 
        the National Aeronautics and Space Act of 1958, to reduce 
        overlap and duplication among Federal space programs and to 
        take greater advantage of other Federal space capabilities;
            (5) the National Aeronautics and Space Administration 
        should play an active role in preserving a robust space 
        industrial base and should seek to strengthen incentives for 
        industry to conduct research and development for both Federal 
        mission needs and the diversification of space-related 
        applications;
            (6) in the conduct of its space activities, the United 
        States should employ the existing space assets and capabilities 
        of the former Soviet Union on a selective basis when unique 
        programmatic benefits are offered, and should encourage a 
        collaboration between United States industry and the 
        privatizing space organizations of the former Soviet Union in 
        developing future space capabilities;
            (7) in the conduct of space missions, the United States 
        should give preference to integrating the broad range of ``off-
        the-shelf'' existing space assets and capabilities available 
        from commercial sources; and
            (8) consistent with paragraphs (1) through (6), because the 
        aluminum lithium external tank replaces the lift capability 
        enhancement of the Advanced Solid Rocket Motor, and because of 
        severe budgetary constraints and the need to reduce the Federal 
        deficit, the cancellation of the Advanced Solid Rocket Motor 
        program is necessary, and such cancellation will result in a 
        reduction of expenditures by the National Aeronautics and Space 
        Administration over 5 years of $750,000,000, which is equal to 
        50 percent of the project cost of such program over the 5-year 
        period following the date of enactment of this Act.

                TITLE I--AUTHORIZATION OF APPROPRIATIONS

                       Subtitle A--Authorizations

SEC. 100. TOTAL AUTHORIZATION.

    Notwithstanding any other provision of this subtitle, the total 
amount authorized to be appropriated under sections 101(b), 102, 103, 
104, and 105 for fiscal year 1994 shall not exceed $12,889,000,000. 
Each amount stated in such sections shall be reduced proportionately as 
necessary to meet the requirement of this section.

SEC. 101. RESEARCH AND DEVELOPMENT.

    (a) Space Station Freedom.--
            (1) Authorization.--There are authorized to be appropriated 
        to the National Aeronautics and Space Administration for 
        ``Research and Development'' for the Space Station Freedom, 
        $1,900,000,000 for fiscal year 1994, $1,900,000,000 for fiscal 
        year 1995, $1,900,000,000 for fiscal year 1996, $1,900,000,000 
        for fiscal year 1997, $1,900,000,000 for fiscal year 1998, 
        $1,900,000,000 for fiscal year 1999, and $1,300,000,000 for 
        fiscal year 2000.
            (2) Scope of program.--The Space Station Freedom shall be 
        designed to provide the capability for productive scientific 
        and engineering research in low Earth orbit, shall be capable 
        of incorporating advanced technologies over the operational 
        life of the Space Station for the purposes of increasing the 
        productivity of research and reducing the costs of operation, 
        shall include a habitation module as part of its permanently 
        manned configuration, and shall be developed in accordance with 
        the international agreements in place as of the date of 
        enactment of this Act.
            (3) Additional foreign participation.--The Space Station 
        Freedom program shall, where feasible, employ the existing 
        space assets and capabilities of the former Soviet Union on a 
        selective basis when such use will reduce the cost of 
        developing and operating the Space Station Freedom to the 
        United States and its international partners. Any proposed use 
        of such assets and capabilities shall be in accordance with the 
        international agreements in place as of the date of enactment 
        of this Act.
            (4) Program management office.--The National Aeronautics 
        and Space Administration shall maintain a strong, independent 
        Space Station Program Management Office with financial control 
        of the program budget at least through the date of the First 
        Element Launch, unless the Administrator of the National 
        Aeronautics and Space Administration (in this Act referred to 
        as the ``Administrator'') certifies to the Congress that an 
        alternative management approach will save money, will not 
        result in increased annual funding requirements or schedule 
        delays, and will minimize job loss. Any such certification 
        shall include a plan for the proposed transition which--
                    ``(A) details the number and types of jobs that 
                will be lost;
                    ``(B) provides for maximum retention in the program 
                of employees with technical expertise;
                    ``(C) if such retention is not possible, provides 
                retraining for other comparable employment with the 
                National Aeronautics and Space Administration; and
                    ``(D) minimizes disruption in the lives of 
                employees who lose their jobs, are required to move to 
                a new location, or are otherwise affected by the 
                transition''.
    (b) Other Research and Development.--There are authorized to be 
appropriated to the National Aeronautics and Space Administration for 
``Research and Development'' for--
            (1) Technology Investment Program, established under title 
        II of this Act, $22,000,000 for fiscal year 1994, and 
        $40,000,000 for fiscal year 1995, none of which shall be 
        available for administrative expenses of the National 
        Aeronautics and Space Administration, except that no funds 
        appropriated pursuant to this Act may be obligated for the 
        establishment of any Technology Research Institutes unless 
        otherwise specifically provided for by law;
            (2) Space Transportation Capability Development, 
        $751,600,000 for fiscal year 1994, and $819,300,000 for fiscal 
        year 1995, of which $21,000,000 for fiscal year 1994 and 
        $40,000,000 for fiscal year 1995 are authorized to develop 
        improvements in existing expendable launch vehicles (including 
        the development of a single-engine version of the Centaur upper 
        stage rocket), and of which $21,400,000 for fiscal year 1994 
        and $46,000,000 for fiscal year 1995 are authorized to support 
        the development of advanced launch technologies, including 
        single-stage-to-orbit technologies, and components;
            (3) Physics and Astronomy, $1,094,700,000 for fiscal year 
        1994, and $1,162,300,000 for fiscal year 1995, of which 
        $20,000,000 for fiscal year 1994 and $15,000,000 for fiscal 
        year 1995 are for augmenting the funding for Mission Operations 
        and Data Analysis activities by that amount;
            (4) Planetary Exploration, $622,200,000 for fiscal year 
        1994, and $646,800,000 for fiscal year 1995, of which 
        $65,000,000 for fiscal year 1994 and $85,000,000 for fiscal 
        year 1995 are for augmenting funding for Mission Operations and 
        Data Analysis activities and to initiate development of a Mars 
        Environmental Survey mission;
            (5) Life and Microgravity Sciences and Applications, 
        $426,000,000 for fiscal year 1994, and $485,700,000 for fiscal 
        year 1995, of which at least $2,000,000 for each such fiscal 
        year is reserved for research on the causes of breast and 
        ovarian cancers and other women's health issues;
            (6) Mission to Planet Earth--
                    (A) $1,109,900,000 for fiscal year 1994, of which 
                $5,000,000 are authorized for the development of 
                instrumentation for and flight of remotely piloted 
                aircraft, $25,000,000 are authorized for the High 
                Resolution Multispectral Stereo Imager for Landsat 7, 
                if the Administrator determines and reports to Congress 
                in writing that equivalent data will not be made 
                available by private remote-sensing space systems at 
                the time Landsat 7 will be launched, or for the 
                purchase of equivalent data to be provided in the 
                future by private remote-sensing space systems, and of 
                which $18,000,000 may be provided for the Consortium 
                for International Earth Science Information Network, 
                except that no funds may be obligated for the 
                Consortium for International Earth Science Information 
                Network in excess of $18,000,000 in fiscal year 1994 
                unless an equal amount of matching funding is provided 
                from non-Federal sources; and
                    (B) $1,448,100,000 for fiscal year 1995;
            (7) Space Research and Technology, $298,200,000 for fiscal 
        year 1994, and $333,100,000 for fiscal year 1995;
            (8) Commercial Programs, $172,000,000 for fiscal year 1994, 
        and $141,400,000 for fiscal year 1995;
            (9) Aeronautics Research and Technology Programs--
                    (A) for Research Operations Support, $143,500,000 
                for fiscal year 1994, and $148,300,000 for fiscal year 
                1995;
                    (B) for Research and Technology Base activities, 
                $448,300,000 for fiscal year 1994, and $433,900,000 for 
                fiscal year 1995;
                    (C) for High-Speed Research, $187,200,000 for 
                fiscal year 1994, and $236,300,000 for fiscal year 
                1995;
                    (D) for Advanced Subsonic Technology, $101,300,000 
                for fiscal year 1994, and $128,500,000 for fiscal year 
                1995, of which $5,000,000 for fiscal year 1994 and 
                $13,000,000 for fiscal year 1995 shall be for Short-
                Haul Aircraft, $30,200,000 for fiscal year 1994 and 
                $30,500,000 for fiscal year 1995 shall be for Noise 
                Reduction, and $11,500,000 for fiscal year 1994 and 
                $12,000,000 for fiscal year 1995 shall be for 
                Technology Integration for Reducing Environmental 
                Pollution;
                    (E) for Other Systems Technology Programs, 
                $140,400,000 for fiscal year 1994, and $168,000,000 for 
                fiscal year 1995; and
                    (F) for the National Aero-Space Plane Program, 
                $80,000,000 for fiscal year 1994, and $80,000,000 for 
                fiscal year 1995;
            (10) Safety, Reliability, and Quality Assurance, 
        $35,300,000 for fiscal year 1994, and $38,500,000 for fiscal 
        year 1995;
            (11) Academic Programs, $74,500,000 for fiscal year 1994, 
        and $81,500,000 for fiscal year 1995; and
            (12) Tracking and Data Advanced Systems, $24,600,000 for 
        fiscal year 1994, and $25,100,000 for fiscal year 1995.
The Administrator shall make available for the National Aero-Space 
Plane the full amounts authorized under paragraph (9)(F) from the 
amounts made available pursuant to paragraph (9) for each fiscal year.

SEC. 102. SPACE FLIGHT, CONTROL, AND DATA COMMUNICATIONS.

    There are authorized to be appropriated to the National Aeronautics 
and Space Administration for ``Space Flight, Control, and Data 
Communications'' for--
            (1) Space Shuttle Production and Operational Capability, 
        $1,069,200,000 for fiscal year 1994 and $978,500,000 for fiscal 
        year 1995, of which no funds are authorized for the 
        continuation of the Advanced Solid Rocket Motor program, and of 
        which $150,000,000 for fiscal year 1994 are authorized to cover 
        the cost of terminating the Advanced Solid Rocket Motor 
        program;
            (2) Space Shuttle Operations, $3,006,500,000 for fiscal 
        year 1994, and $2,810,400,000 for fiscal year 1995;
            (3) Space and Ground Networks, Communications, and Data 
        Systems, $795,500,000 for fiscal year 1994, and $964,600,000 
        for fiscal year 1995, including procurement of Tracking and 
        Data Relay Satellites on a fixed-price basis using functional 
        performance specifications, and, to the extent practicable, 
        seeking to incorporate potential improvements to such 
        Satellites that result in cost savings or a greater probability 
        of returning data; and
            (4) Launch Services, $300,300,000 for fiscal year 1994, and 
        $313,700,000 for fiscal year 1995.
None of the funds appropriated pursuant to this section shall be used 
to launch the Advanced X-ray Astrophysics Facility on the Space 
Shuttle. No Federal funds may be obligated for the continuation of the 
Advanced Solid Rocket Motor program, except as necessary to terminate 
such program. By fiscal year 2003, the combined annual cost for the 
production and operation of the Space Shuttle program and the Space 
Station Freedom program shall not exceed, after adjustments for 
inflation, $4,325,000,000 in fiscal year 1992 dollars.

SEC. 103. CONSTRUCTION OF FACILITIES.

    (a) Fiscal Year 1994.--There are authorized to be appropriated to 
the National Aeronautics and Space Administration for fiscal year 1994 
for ``Construction of Facilities'', including land acquisition, for--
            (1) Construction of Space Station Freedom Facilities, 
        $25,000,000;
            (2) Replacement of Mission Control Center Air Handlers, 
        Johnson Space Center, $8,000,000;
            (3) Replacement of Thermal Vacuum Helium Refrigeration 
        System, Johnson Space Center, $7,400,000;
            (4) Rehabilitation of Electrical Distribution System, 
        Project Management Building, Johnson Space Center, $2,200,000;
            (5) Modification of Launch Complex 39 Exterior Utility 
        Piping, Kennedy Space Center, $1,200,000;
            (6) Refurbishment of Launch Complex 39 Cooling System, 
        Kennedy Space Center, $4,000,000;
            (7) Refurbishment of Launch Complex 39 Secondary Circuit 
        Breakers, Kennedy Space Center, $3,300,000;
            (8) Refurbishment of Vehicle Assembly Building/Pad Water 
        Storage Tanks, Kennedy Space Center, $3,000,000;
            (9) Rehabilitation of Industrial Area Fire Alarm Reporting 
        System, Kennedy Space Center, $4,900,000;
            (10) Restoration of C-5 Substation, Launch Complex 39 Area, 
        Kennedy Space Center, $5,000,000;
            (11) Restoration of Class III Landfill, Kennedy Space 
        Center, $1,900,000;
            (12) Restoration of High Pressure Air Compressor System, 
        Marshall Space Flight Center, $8,500,000;
            (13) Restoration of Electrical Power System, Marshall Space 
        Flight Center, $2,600,000;
            (14) Repair of Decking and Roof, X-Ray and Staging 
        Facility, Michoud Assembly Facility, $1,500,000;
            (15) Replacement of Cooling Tower and Boiler, Michoud 
        Assembly Facility, $4,000,000;
            (16) Restoration of Space Shuttle Main Engine Text Complex 
        High Pressure Industrial Water System, Stennis Space Center, 
        $2,300,000;
            (17) Restoration of High Pressure Gas Storage Capacity, 
        Stennis Space Center, $2,300,000;
            (18) Restoration of Underground Communication Distribution 
        System, Stennis Space Center, $3,800,000;
            (19) Construction of Earth Systems Science Building, 
        Goddard Space Flight Center, $12,000,000;
            (20) Replacement of Central Plant Steam and Electrical 
        Generation Equipment, Goddard Space Flight Center, $8,600,000;
            (21) Restoration and Modernization of Chilled Water System, 
        Goddard Space Flight Center, $5,000,000;
            (22) Restoration of Airfield, Wallops Flight Facility, 
        $5,200,000;
            (23) Replacement of Chillers and Modification of Related 
        Systems, Various Buildings, Jet Propulsion Laboratory, 
        $2,900,000;
            (24) Phase I Facility Studies, Requirements Definition, 
        Design, and Modification and Construction of National 
        Aeronautics Facilities, Various Locations, $74,000,000;
            (25) Modifications for Composite Technology Center, Lewis 
        Research Center, $27,000,000;
            (26) National Transonic Facility Productivity Enhancement, 
        Langley Research Center, $60,000,000;
            (27) Performance Improvements in 11-Foot Wind Tunnel, Ames 
        Research Center, $20,000,000;
            (28) Rehabilitation of Control Systems, National Full-Scale 
        Aerodynamics Complex, Ames Research Center, $2,100,000;
            (29) Upgrade of Outdoor Aerodynamic Research Facility, Ames 
        Research Center, $3,900,000;
            (30) Modernization of the Unitary Plan Wind Tunnel Complex, 
        Ames Research Center, $25,000,000;
            (31) Construction of EOSDIS Distributed Active Archive 
        Center, Langley Research Center, $8,000,000;
            (32) Rehabilitation of Rocket Engine Test Facility, Lewis 
        Research Center, $12,500,000;
            (33) Construction of 34-Meter Multifrequency Antenna, 
        Goldstone Facility, Jet Propulsion Laboratory, $17,600,000;
            (34) Repair of facilities at various locations, not in 
        excess of $1,000,000 per project, $36,000,000;
            (35) Rehabilitation and modification of facilities at 
        various locations, not in excess of $1,000,000 per project, 
        $36,000,000;
            (36) Minor construction of new facilities and additions to 
        existing facilities at various locations, not in excess of 
        $750,000 per project, $14,000,000;
            (37) Facility Planning and Design, $27,000,000; and
            (38) Environmental Compliance and Restoration, $50,000,000.
Notwithstanding paragraphs (1) through (38), the total amount 
authorized to be appropriated under this subsection shall not exceed 
$570,300,000.
    (b) Fiscal Year 1995.--There are authorized to be appropriated to 
the National Aeronautics and Space Administration for fiscal year 1995 
for ``Construction of Facilities'', including land acquisition, 
$422,200,000.
    (c) Additional Uses.--The Administrator may use up to a total of 
$5,000,000 of the funds authorized under paragraphs (26) and (33) of 
subsection (a) for the establishment of a Visitor Center for the Lewis 
Research Center if--
            (1) at least--
                    (A) an equal amount of funding;
                    (B) in-kind resources of equivalent value; or
                    (C) a combination thereof.
are provided for such purpose from non-Federal sources; and
            (2) the use of such funds for such purpose does not 
        adversely affect the construction of the facilities described 
        in such paragraphs (26) and (33).

SEC. 104. RESEARCH AND PROGRAM MANAGEMENT.

    There are authorized to be appropriated to the National Aeronautics 
and Space Administration for ``Research and Program Management'', 
$1,650,000,000 for fiscal year 1994, and $1,675,000,000 for fiscal year 
1995.

SEC. 105. INSPECTOR GENERAL.

    There are authorized to be appropriated to the National Aeronautics 
and Space Administration for ``Inspector General'', $15,500,000 for 
fiscal year 1994, and $16,000,000 for fiscal year 1995.

             Subtitle B--Limitations and Special Authority

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

    (a) Authorized Uses.--Appropriations authorized under sections 101 
and 102 may be used for--
            (1) any items of a capital nature (other than acquisition 
        of land) which may be required at locations other than 
        installations of the National Aeronautics and Space 
        Administration for the performance of research and development 
        contracts; and
            (2) grants to institutions of higher education, or to 
        nonprofit organizations whose primary purpose is the conduct of 
        scientific research, for purchase or construction of additional 
        research facilities.
    (b) Vesting of Title; Grant Conditions.--Title to facilities 
described in subsection (a)(2) shall be vested in the United States 
unless the Administrator determines that the national program of 
aeronautical and space activities will best be served by vesting title 
in the grantee institution or organization or the Federal contribution 
to such purchase or construction is not substantial enough to warrant 
vesting title in the United States. Each grant under subsection (a)(2) 
shall be made under such conditions as the Administrator shall 
determine to be required to ensure that the United States will receive 
therefrom benefits adequate to justify the making of that grant.
    (c) Limitation.--None of the funds appropriated under sections 101 
and 102 may be used in accordance with this section for the 
construction of any facility, the estimated cost of which, including 
collateral equipment, exceeds $750,000, unless 30 days have passed 
after the Administrator has notified the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on Science, 
Space, and Technology of the House of Representatives of the nature, 
location, and estimated cost of such facility.

SEC. 112. AVAILABILITY OF APPROPRIATED AMOUNTS.

    Appropriations authorized under sections 101, 102, and 103 may 
remain available until expended. Contracts may be entered into with 
funds appropriated under section 104 or 105 for training, 
investigations, and costs associated with personnel relocation and for 
other services provided during the fiscal year following the fiscal 
year for which funds are appropriated.

SEC. 113. LIMITED USE OF FUNDS.

    (a) Use for Scientific Consultations or Extraordinary Expenses.--
Appropriations authorized under section 101 may be used, but not to 
exceed $35,000 per fiscal year, for scientific consultations or 
extraordinary expenses upon the authority of the Administrator, and the 
Administrator's determination shall be final and conclusive upon the 
accounting officers of the Government.
    (b) Use for Facilities.--(1) Except as provided in paragraph (3), 
appropriations authorized under sections 101 and 102 may be used for 
the construction of new facilities and additions to, repair of, 
rehabilitation of, or modification of existing facilities, except that 
the cost of each such project, including collateral equipment, shall 
not exceed $200,000 per fiscal year.
    (2) Appropriations authorized under sections 101 and 102 may be 
used for unforeseen programmatic facility project needs, other than 
those described in paragraph (1), except that the cost of each such 
project, including collateral equipment, shall not exceed $750,000 per 
fiscal year.
    (3) Appropriations authorized under section 101 may be used for 
repair, rehabilitation, or modification of facilities controlled by the 
General Services Administration, except that the cost of each such 
project, including collateral equipment, shall not exceed $500,000 per 
fiscal year.

SEC. 114. REPROGRAMMING FOR CONSTRUCTION OF FACILITIES.

    Appropriations authorized under any paragraph of section 103--
            (1) in the discretion of the Administrator may be varied 
        upward by 10 percent; or
            (2) after the expiration of 30 days following a report by 
        the Administrator to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on Science, 
        Space, and Technology of the House of Representatives on the 
        circumstances of such action, may be varied upward by 25 
        percent, to meet unusual cost variations.
The total amount authorized to be appropriated under section 103 shall 
not be increased as a result of actions authorized under paragraphs (1) 
and (2) of this section.

SEC. 115. SPECIAL REPROGRAMMING AUTHORITY FOR CONSTRUCTION OF 
              FACILITIES.

    Where the Administrator determines that new developments or 
scientific or engineering changes in the national program of 
aeronautical and space activities have occurred; and that such changes 
require the use of additional funds for the purposes of construction, 
expansion, or modification of facilities at any location; and that 
deferral of such action until the enactment of the next National 
Aeronautics and Space Administration Authorization Act would be 
inconsistent with the interest of the Nation in aeronautical and space 
activities; the Administrator may transfer not to exceed one-half of 
one percent of the funds appropriated pursuant to sections 101 and 102 
to the appropriation under section 103 for such purposes. The 
Administrator may also use up to $10,000,000 of the amounts authorized 
under section 103 for such purposes. The funds so made available 
pursuant to this section may be expended to acquire, construct, 
convert, rehabilitate, or install permanent or temporary public works, 
including land acquisition, site preparation, appurtenances, utilities, 
and equipment. No such funds may be obligated until a period of 30 days 
has passed after the Administrator has transmitted to the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee 
on Science, Space, and Technology of the House of Representatives a 
written report describing the nature of the construction, its costs, 
and the reasons therefor.

SEC. 116. CONSIDERATION BY COMMITTEES.

    Notwithstanding any other provision of this Act--
            (1) no amount appropriated pursuant to this Act may be used 
        for any program deleted by the Congress from requests as 
        originally made by the President for the National Aeronautics 
        and Space Administration to either the Committee on Commerce, 
        Science, and Transportation of the Senate or the Committee on 
        Science, Space, and Technology of the House of Representatives;
            (2) no amount appropriated pursuant to this Act may be used 
        for any program in excess of the amount actually authorized for 
        the particular program by section 101, 102, or 104; and
            (3) no amount appropriated pursuant to this Act may be used 
        for any program which has not been presented to either such 
        committee,
unless a period of 30 days has passed after the receipt, by each such 
committee, of notice given by the Administrator containing a full and 
complete statement of the action proposed to be taken and the facts and 
circumstances relied upon in support of such proposed action. The 
National Aeronautics and Space Administration shall keep the Committee 
on Commerce, Science, and Transportation of the Senate and the 
Committee on Science, Space, and Technology of the House of 
Representatives fully and currently informed with respect to all 
activities and responsibilities within the jurisdiction of those 
committees. Any Federal department, agency, or independent 
establishment shall furnish any information requested by either 
committee relating to any such activity or responsibility.

SEC. 117. LIMITATION ON OBLIGATION OF UNAUTHORIZED APPROPRIATIONS.

    (a) Report to Congress.--Not later than 30 days after the later of 
the date of enactment of an Act making appropriations to the National 
Aeronautics and Space Administration for fiscal year 1994 or 1995 and 
the date of enactment of this Act, the Administrator shall submit a 
report to Congress and to the Comptroller General which specifies--
            (1) the portion of such appropriations which are for 
        programs, projects, or activities not specifically authorized 
        under subtitle A of this title, or which are in excess of 
        amounts authorized for the relevant program, project, or 
        activity under this Act; and
            (2) the portion of such appropriations which are 
        specifically authorized under this Act.
    (b) Federal Register Notice.--The Administrator shall, coincident 
with the submission of the report required by subsection (a), publish 
in the Federal Register a notice of all programs, projects, or 
activities not specifically authorized under Act, and solicit public 
comment thereon regarding the impact of any such obligations on the 
conduct and effectiveness of the national aeronautics and space 
program.
    (c) Limitation.--Notwithstanding any other provision of this Act, 
no funds may be obligated for any programs, projects, or activities of 
the National Aeronautics and Space Administration for fiscal years 1994 
and 1995 not specifically authorized under this Act until 30 days have 
passed after the close of the public comment period contained in the 
notice required in subsection (b).

SEC. 118. LIMITATION ON APPROPRIATIONS.

    Notwithstanding any other provision of this Act, no funds are 
authorized to be appropriated for carrying out the programs for which 
funds are authorized by this Act for any fiscal year other than as 
provided by this Act.

SEC. 119. ADDITIONAL LIMITATION.

    No funds authorized under this Act may be obligated or expended to 
transfer the management of the External Tank Program from the Marshall 
Space Flight Center unless 30 days have passed after the Administrator 
has made a report of the technical justification for such a move to the 
Committee on Science, Space, and Technology of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate, and such Committees have raised no 
objection.

SEC. 120. PRIORITY EXPENDITURE.

    Of the amounts authorized under--
            (1) section 102(1), only $258,200,000 for fiscal year 1994 
        and only $252,200,000 for fiscal year 1995;
            (2) section 103(a)(24), no funds for fiscal year 1994 and 
        no funds for fiscal year 1995;
            (3) section 102(2), only $1,887,800,000 for fiscal year 
        1994 and only $1,870,000,000 for fiscal year 1995; and
            (4) section 104, only $1,400,000,000 for each of fiscal 
        years 1994 and 1995 to effect the closure of at least one 
        National Aeronautics and Space Administration Center and the 
        corresponding reduction in full-time equivalent employees,
may be expended unless $1,900,000,000 are made available for such 
fiscal year for the Space Station Freedom.

SEC. 121. AUTHORIZATIONS AVAILABLE FOR DISASTER RELIEF.

    Notwithstanding any other provision of this title, 1 percent of the 
amounts authorized to be appropriated under sections 100 and 101(a) 
shall also be authorized to be appropriated for purposes of carrying 
out disaster relief activities in response to major disasters declared 
by the President, if the President requests the use of such percentage 
for such purposes.

SEC. 122. FACILITY PLAN AND ANALYSIS.

    Within 60 days after the date of the enactment of this Act, the 
Administrator shall submit to the Congress a plan for utilizing the 
facilities acquired by the National Aeronautics and Space 
Administration in Yellow Creek, Mississippi, that includes an analysis 
of--
            (1) the increased costs or savings that would result from 
        using these new facilities to support activities that are 
        consistent with the programs authorized by this Act; and
            (2) the costs and benefits of disposing of those facilities 
        as surplus government assets.

              TITLE II--ADVANCED SPACE TECHNOLOGY PROGRAM

SEC. 201. POLICY.

    It is the policy of the United States that--
            (1) the Administrator, in planning for national programs in 
        space science and application, aeronautical research, space 
        flight, advanced concepts and technology, and exploration, 
        shall consider ways in which the competitiveness of the United 
        States in advanced space technologies can be enhanced;
            (2) the Administrator shall work closely with other Federal 
        agencies, States, local governments, and industry to coordinate 
        and execute the advanced space technology investment activities 
        of the National Aeronautics and Space Administration;
            (3) opportunities for investment in advanced space 
        technologies that advance the competitiveness of the United 
        States shall be identified in concert with United States 
        industry; and
            (4) the Administrator shall encourage the establishment of 
        industry-led consortia to maximize the opportunities described 
        in paragraph (3).

SEC. 202. ADVANCED SPACE TECHNOLOGY INVESTMENT PROGRAM.

    (a) Competitive Program.--The Administrator shall establish a 
competitive program under this section--
            (1) to advance the capabilities of United States space 
        technology;
            (2) to encourage industry-led consortia to develop advanced 
        space technologies that advance the competitiveness of the 
        United States; and
            (3) to encourage participation by industrial participants 
        not part of the traditional Federal contracting base.
    (b) Eligible Participants.--
            (1) General rule.--Single firms, consortia or cooperative 
        arrangements among 2 or more eligible firms, or a nonprofit 
        research organization established by 2 or more eligible firms, 
        are eligible participants under this section. Such eligible 
        participants may include participation by Federal laboratories, 
        institutions of higher education, State agencies, and other 
        entities.
    (c) Criteria.--In selecting from among applicants for financial 
assistance under this section, the Administrator shall consider--
            (1) the potential of the proposed project to develop 
        advanced space technologies that enhance the long-term ability 
        of the United States to make advances in space transportation, 
        exploration, experimentation, and commerce;
            (2) the application's scientific and technical merit;
            (3) the extent of funding provided by industry;
            (4) the potential for long-term commercial application of 
        the technologies in nongovernmental markets;
            (5) the likelihood that the goals and objectives of the 
        proposed application will not be achieved without financial 
        assistance under this section; and
            (6) such other criteria as the Administrator considers 
        appropriate.
    (d) Non-Federal Contribution.--The Administrator shall ensure that 
the amount of the funds provided by the Federal Government under this 
section does not exceed the total amount provided by non-Federal 
participants for any one application. The Administrator shall ensure 
that not less than 30 percent of total funding for any project for 
which financial assistance is made available under this section is 
provided by industry.
    (e) Financing Mechanisms.--The Administrator shall make full use of 
the various authorities available under section 203(c)(5) of the 
National Aeronautics and Space Act of 1958 to carry out this section, 
especially when applied to eligible firms which are not part of the 
traditional Federal contracting base.

SEC. 203. COORDINATION WITH EXISTING PROGRAMS.

    The Administrator shall coordinate existing activities within the 
National Aeronautics and Space Administration, including the Small 
Business Innovation Research Program and Independent Research and 
Development activities conducted by industry, with the advanced space 
technology investment activities established under this title. The 
Administrator shall coordinate such advanced space technology 
investment activities with existing programs of the Department of 
Commerce, the Department of Defense, the Department of Energy, and 
other Federal agencies to maximize the United States investment in 
advanced space technology.

SEC. 204. REPORT TO CONGRESS.

    The Administrator shall assess the advanced space technology 
investment activities established under this title, and shall submit a 
report to Congress on the results of such activities to accompany the 
President's budget request for fiscal year 1996.

SEC. 205. DEFINITIONS.

    For the purposes of this title--
            (1) the term ``advanced space technology'' means 
        technologies which are fundamentally new capabilities requiring 
        basic research, as opposed to evolutions of current 
        technologies and systems;
            (2) the term ``eligible firm'' means a business entity--
                    (A) that conducts a significant level of its 
                research, development, engineering, and manufacturing 
                activities in the United States;
                    (B) the majority ownership or control of which is 
                held by United States citizens; or
                    (C) with a parent company that is incorporated in a 
                country, the government of which--
                            (i) permits the participation of firms 
                        incorporated in the United States in research 
                        and development consortia to which the 
                        government of that country provides funding 
                        directly or indirectly through international 
                        organizations; and
                            (ii) affords adequate and effective 
                        protection for the intellectual property rights 
                        of firms incorporated in the United States,
        and that maintains substantial employment in the United States 
        and agrees to promote the manufacturing within the United 
        States of products resulting from technologies developed under 
        this title;
            (3) the term ``Federal laboratory'' has the meaning given 
        such term in section 4(6) of the Stevenson-Wydler Technology 
        Innovation Act of 1980; and
            (4) the term ``United States'' means the several States, 
        the District of Columbia, the Commonwealth of Puerto Rico, the 
        Virgin Islands, Guam, American Samoa, the Commonwealth of the 
        Northern Mariana Islands, and any other territory or possession 
        of the United States.

SEC. 206. TECHNOLOGY PROCUREMENT INITIATIVE.

    (a) In General.--The Administrator shall coordinate National 
Aeronautics and Space Administration resources in the areas of 
procurement, commercial programs, and advanced technology in order to--
            (1) fairly assess and procure commercially available 
        technology from the marketplace in the most efficient manner 
        practicable;
            (2) achieve a continuous pattern of integrating advanced 
        technology from the commercial sector into the missions and 
        programs of the National Aeronautics and Space Administration;
            (3) incorporate private sector buying and bidding 
        procedures, including fixed price contracts, into procurements; 
        and
            (4) provide incentives for cost-plus contractors of the 
        National Aeronautics and Space Administration to integrate 
        commercially available technology in subsystem contracts on a 
        fixed-price basis.
    (b) Certification.--Upon solicitation of any procurement for space 
hardware, technology, or services that are not commercially available, 
the Administrator shall certify, by publication of a notice and 
opportunity to comment in the Commerce Business Daily, for each such 
procurement action, that no functional equivalent, commercially 
available space hardware, technology, or service exists and that no 
commercial method of procurement is available.

    TITLE III--MISCELLANEOUS PROVISIONS RELATING TO SPACE ACTIVITIES

SEC. 301. TRANSMISSION OF BUDGET ESTIMATES.

    The Administrator shall, at the time of submission of the 
President's annual budget request for every fiscal year, transmit to 
the Congress--
            (1) a five-year budget detailing the estimated development 
        costs for each individual program under the jurisdiction of the 
        National Aeronautics and Space Administration for which 
        development costs are expected to exceed $200,000,000; and
            (2) an estimate of the life-cycle costs associated with 
        each such program.

SEC. 302. COMMERCIAL SPACE LAUNCH ACT AMENDMENTS.

    (a) Amendments.--The Commercial Space Launch Act (49 U.S.C. App. 
2601 et seq.) is amended--
            (1) in section 4--
                    (A) by inserting ``from Earth'' after ``if any,'' 
                in paragraph (2);
                    (B) by redesignating paragraphs (9) through (12) as 
                paragraphs (11) through (14), respectively; and
                    (C) by inserting after paragraph (8) the following 
                new paragraphs:
            ``(9) `reenter' and `reentry' mean to return purposefully, 
        or attempt to return, a reentry vehicle and payload, if any, 
        from Earth orbit or outer space to Earth;
            ``(10) `reentry vehicle' means any vehicle designed to 
        return from Earth orbit or outer space to Earth substantially 
        intact;'';
            (2) in section 6(a), by inserting ``, or reenter a reentry 
        vehicle,'' after ``operate a launch site'' each place it 
        appears;
            (3) in section 6(a)(2) and (3), by striking ``section 
        4(11)'' each place it appears and inserting in lieu thereof 
        ``section 4(14)'';
            (4) in section 6(a)(3)(A), by inserting ``or reentry'' 
        after ``such launch or operation'';
            (5) in section 6(a)(3), by inserting ``, or reentry of a 
        reentry vehicle,'' after ``operation of a launch site'' each 
        place it appears;
            (6) in section 6(b)(1)--
                    (A) by striking ``launch license'' and inserting in 
                lieu thereof ``license'';
                    (B) by inserting ``or reenter'' after ``shall not 
                launch'';
                    (C) by inserting ``or reentry'' after ``relate to 
                the launch''; and
                    (D) by inserting ``or reentered'' after ``to be 
                launched'';
            (7) in section 6(b)(2)--
                    (A) by inserting ``or reentry'' after ``prevent the 
                launch'';
                    (B) by striking ``holder of a launch license'' and 
                inserting in lieu thereof ``licensee''; and
                    (C) by inserting ``or reentry'' after ``determines 
                that the launch'';
            (8) in section 6(c)(1), by inserting ``or reentry of a 
        reentry vehicle'' after ``operation of a launch site'';
            (9) in section 7, by striking ``both'' and inserting in 
        lieu thereof ``for reentering one or more reentry vehicles'';
            (10) in sections 8(a), 9(b), 11(a), 11(b), 12(a)(2)(B), and 
        12(b), by inserting ``, or reentry of a reentry vehicle,'' 
        after ``operation of a launch site'' each place it appears;
            (11) in section 8(b), by inserting ``and the reentry of 
        reentry vehicles,'' after ``operation of launch sites,'';
            (12) in section 11(a), by inserting ``or reentry'' after 
        ``launch or operation'';
            (13) in section 12(a)(1), by inserting ``or reentry'' after 
        ``prevent the launch'';
            (14) in section 12(b), by inserting ``or reentry'' after 
        ``prevent the launch'';
            (15) in section 14(a)(1)--
                    (A) by inserting ``or reentry site'' after 
                ``observers at any launch site''; and
                    (B) by inserting ``or reentry vehicle'' after 
                ``assembly of a launch vehicle'';
            (16) in section 15(b)(4)(A)--
                    (A) by inserting ``and reentries'' after ``ensure 
                that the launches'';
                    (B) by inserting ``or reentry date commitment'' 
                after ``launch date commitment'';
                    (C) by inserting ``or reentry'' after ``obtained 
                for a launch'';
                    (D) by inserting ``, reentry sites,'' after 
                ``United States launch sites'';
                    (E) by inserting ``or reentry site'' after ``access 
                to a launch site'';
                    (F) by inserting ``, or services related to a 
                reentry,'' after ``amount for launch services''; and
                    (G) by inserting ``or reentry'' after ``the 
                scheduled launch'';
            (17) in section 15(b)(4)(B), by inserting ``or reentry'' 
        after ``prompt launching'';
            (18) in section 15(c), by inserting ``or reentry'' after 
        ``launch site'';
            (19) in section 16(a)(1)(A) and (B), by inserting ``or 
        reentry'' after ``any particular launch'' each place it 
        appears;
            (20) in section 16(a)(1)(C) and (D), by inserting ``or a 
        reentry'' after ``launch services'' each place it appears;
            (21) in section 16(a)(2), by inserting ``or reentry'' after 
        ``launch services'';
            (22) in section 16(b)(1) and (4) (A) and (B), by inserting 
        ``or reentry'' after ``particular launch'' each place it 
        appears;
            (23) in section 17(b)(2)(A)--
                    (A) by inserting ``reentry site,'' after ``launch 
                site,''; and
                    (B) by inserting ``or reentry vehicle'' after 
                ``site of a launch vehicle'';
            (24) in section 21(a), by inserting ``and reentry'' after 
        ``approval of space launch'';
            (25) in section 21(b)--
                    (A) by inserting ``, reentry vehicle,'' after ``A 
                launch vehicle''; and
                    (B) by inserting ``or reentry'' after ``the 
                launching'';
            (26) in section 21(c)(1)--
                    (A) by striking ``or'' in subparagraph (B);
                    (B) by redesignating subparagraph (C) as 
                subparagraph (D); and
                    (C) by inserting after subparagraph (B) the 
                following new subparagraph:
                    ``(C) reentry of a reentry vehicle, or'';
            (27) in section 21(c)(2), by inserting ``reentry,'' after 
        ``launch,'';
            (28) in section 22(a)--
                    (A) by striking ``ending after the date of 
                enactment of this Act and before October 1, 1989''; and
                    (B) by inserting ``and reentries'' after ``further 
                commercial launches''; and
            (29) in section 24, by inserting ``There are authorized to 
        be appropriated to the Secretary $4,467,000 to carry out this 
        Act for fiscal year 1994.'' after ``$4,900,000 to carry out 
        this Act.''.
    (b) Report to Congress.--The Secretary of Transportation shall 
submit to Congress an annual report to accompany the President's budget 
request which reviews the performance of the regulatory activities and 
the effectiveness of the Office of Commercial Space Transportation.

SEC. 303. SPACE TRANSPORTATION INFRASTRUCTURE MATCHING GRANTS.

    In order to ensure the continued resiliency of the Nation's space 
transportation infrastructure, the Secretary of Transportation is 
authorized to make project grants to public agencies in accordance with 
section 505 of Public Law 102-588. There are authorized to be 
appropriated for such grants, $10,000,000 for fiscal year 1995. Such 
funds shall remain available until expended.

SEC. 304. OFFICE OF SPACE COMMERCE AUTHORIZATION.

    (a) Role of the Office of Space Commerce.--The Office of Space 
Commerce of the Department of Commerce shall be responsible for the 
development and coordination of all policy recommendations and 
activities pertaining to commercial activities in space except those 
functions and activities explicitly authorized in statute to other 
Federal agencies. In carrying out this responsibility, such Office 
shall consult with other Federal agencies as appropriate, including the 
Department of Transportation, the National Aeronautics and Space 
Administration, the Department of Defense, the Department of State, and 
the Office of the United States Trade Representative.
    (b) Functions.--The Office of Space Commerce shall be the principal 
unit for the coordination of space-related issues, programs, and 
initiatives within the Department of Commerce. The Office's 
responsibilities shall include--
            (1) promoting private sector investment in space activities 
        by collecting, analyzing, and disseminating information on 
        space markets, and conducting workshops and seminars to 
        increase awareness of commercial space opportunities;
            (2) assisting commercial space companies in their efforts 
        to do business with the United States Government, and acting as 
        an industry advocate within the executive branch to ensure that 
        the Federal Government meets its space-related requirement, to 
        the fullest extent feasible, with commercially available space 
        goods and services;
            (3) ensuring that the United States Government does not 
        compete with the private sector in the provision of space 
        hardware and services otherwise available from the private 
        sector;
            (4) promoting the export of space-related goods and 
        services;
            (5) representing the Department of Commerce in the 
        development of United States policies and in negotiations with 
        foreign countries to ensure free and fair trade internationally 
        in the area of space commerce;
            (6) seeking the removal of legal, policy, and institutional 
        impediments to space commerce; and
            (7) supporting the private sector's role in the commercial 
        development of Landsat remote sensing data distribution.
    (c) Report.--The Office of Space Commerce shall, within 6 months 
after the date of enactment of this Act, submit a report to the 
President and the Congress containing recommendations for procuring 
space infrastructure, space launch and launch support facilities, and 
payloads using proof of concept methods and unsolicited proposals. In 
preparing such report, the Office of Space Commerce shall consult with 
appropriate persons in the private sector.
    (d) Authorization of Appropriations.--In order to carry out this 
section, there are authorized to be appropriated to the Secretary of 
Commerce for the Office of Space Commerce, $538,000 for fiscal year 
1994.

SEC. 305. USE OF DOMESTIC PRODUCTS.

    (a) General Rule.--Except as provided in subsection (b), the 
Administrator shall ensure that procurements are conducted in 
compliance with sections 2 through 4 of the Act of March 3, 1933 (41 
U.S.C. 10a through 10c, popularly known as the ``Buy American Act'').
    (b) Limitations.--This section shall apply only to procurements 
made for which--
            (1) amounts are authorized by this Act to be made 
        available; and
            (2) solications for bids are issued after the date of 
        enactment of this Act.
    (c) Inapplicability in Case of Violation of International 
Agreement.--This section shall not apply to the extent that the United 
States Trade Representative determines that a procurement described in 
subsection (b) would be in violation of the General Agreement on 
Tariffs and Trade or an international agreement to which the United 
States is a party.
    (d) Purchase of American Made Equipment and Products.--
            (1) Sense of congress.--It is the sense of Congress that 
        any recipient of a grant under this Act, or under any amendment 
        made by this Act, should purchase, when available and cost-
        effective, American made equipment and products when expending 
        grant monies.
            (2) Notice to recipients of assistance.--In allocating 
        grants under this Act, or under any amendment made by this Act, 
        the Secretary shall provide to each recipient a notice 
        describing the statement made in paragraph (1) by the Congress.

SEC. 306. REQUIREMENT FOR INDEPENDENT COST ANALYSIS.

    The Chief Financial Officer for the National Aeronautics and Space 
Administration shall be responsible for conducting independent cost 
analyses of all new projects estimated to cost more than $5,000,000 and 
shall report the results annually to Congress at the time of the 
submission of the President's budget request. In developing cost 
accounting and reporting standards for carrying out this section, the 
Chief Financial Officer shall, to the extent practicable and consistent 
with other laws, solicit the advice of expertise outside of the 
National Aeronautics and Space Administration.

SEC. 307. GLOBAL CHANGE DATA AND INFORMATION SYSTEM.

    Title I of the Global Change Research Act of 1990 (15 U.S.C. 2931 
et seq.) is amended by adding at the end the following new section:

``SEC. 109. GLOBAL CHANGE DATA AND INFORMATION SYSTEM.

    ``(a) The National Aeronautics and Space Administration, in 
coordination with other agencies that belong to the Committee on Earth 
and Environmental Sciences, shall establish the requirements and 
architecture for, design, and develop a Global Change Data and 
Information System that shall serve as the system to process, archive, 
and distribute data generated by the Global Change Research Program.
    ``(b) The National Aeronautics and Space Administration shall 
design the Global Change Data and Information System--
            ``(1) so that other Federal agencies may connect data 
        centers operated by such agencies to such System; and
            ``(2) so as to minimize, to the extent practicable, the 
        cost of connecting such data centers.
    ``(c) Each agency involved in the Global Change Research Program 
shall retain the responsibility to establish and operate Global Change 
Data and Information System data centers to process, archive, and 
distribute data generated by such agency's programs. Agencies may agree 
to assume the responsibility for processing, archiving, or distributing 
data generated by other agencies.''.

SEC. 308. ACCESS TO CLASSIFIED DATA FOR GLOBAL CHANGE RESEARCH.

    The Committee on Earth and Environmental Sciences shall develop and 
submit to the Congress within one year after the date of enactment of 
this Act a plan for providing access to data from classified archives 
and systems for global change research. The plan shall--
            (1) to the extent consistent with classification 
        restrictions, identify what data from classified archives and 
        systems may be valuable and available for global change 
        research;
            (2) determine whether the Global Change Data and 
        Information System or other means should be used to provide 
        access to such data for the scientific community; and
            (3) identify what agencies should be responsible for 
        particular parts of such classified data and any data centers 
        needed to process, archive, and distribute such data.

SEC. 309. ORBITAL DEBRIS.

    The Office of Science and Technology Policy, in coordination with 
the National Aeronautics and Space Administration, the Department of 
Defense, the Department of State, and other agencies as appropriate, 
shall submit a plan to Congress within one year after the date of 
enactment of this Act for the control of orbital debris. The plan shall 
include proposed launch vehicle and spacecraft design standards and 
operational procedures to minimize the creation of new debris. The plan 
shall propose a schedule for the incorporation of the standards into 
all United States civil, military, and commercial space activities. 
Finally, the plan shall include a schedule for the development of an 
international agreement on the control of orbital debris.

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

    (a) Policy and Purpose.--Section 102 of the National Aeronautics 
and Space Act of 1958 (42 U.S.C. 2451) is amended--
            (1) by striking subsections (e) and (f) and inserting in 
        lieu thereof the following:
    ``(e) The Congress declares that the general welfare of the United 
States requires that the unique competence in scientific and 
engineering systems of the National Aeronautics and Space 
Administration also be directed toward supporting the private sector 
development of advanced space technologies which enhance economic 
growth, competitiveness, and productivity.'';
            (2) by redesignating subsections (g) and (h) as subsections 
        (f) and (g), respectively; and
            (3) in subsection (g), as so redesignated, by striking 
        ``(f), and (g)'' and inserting in lieu thereof ``and (f)''.
    (b) Reports to Congress.--Section 206(a) of the National 
Aeronautics and Space Act of 1958 (42 U.S.C. 2476(a)) is amended by 
striking ``calendar'' and inserting in lieu thereof ``fiscal''.

SEC. 311. COMPARATIVE ANALYSIS OF UNITED STATES AND FOREIGN EXPENDABLE 
              SPACE LAUNCH SYSTEMS.

    The National Aeronautics and Space Administration shall conduct a 
comprehensive study of the differences between existing United States 
and foreign expendable space launch vehicles. This study shall 
determine specific differences in the design, manufacture, processing, 
and overall management and infrastructure of current United States and 
foreign expendable space launch vehicles. The study shall also 
determine the approximate effect of these differences on the relative 
cost, reliability, and operational efficiency of such space launch 
systems. This study shall be conducted in consultation with the 
Department of Defense and, as appropriate, other Federal agencies, 
United States industries, and academic institutions. The results of 
this study shall be submitted to the Congress no later than October 1, 
1994.

SEC. 312. UNIVERSITY INNOVATIVE RESEARCH PROGRAM STUDY.

    (a) Findings.--The Congress finds that--
            (1) universities offer a significant resource for the 
        conduct of innovative scientific and technological research to 
        advance the National Aeronautics and Space Administration's 
        mission;
            (2) the National Aeronautics and Space Administration 
        should act to broaden the foundation of its research base by 
        increasing the direct involvement of university research 
        laboratories in the development of technology for space 
        science;
            (3) the National Aeronautics and Space Administration 
        should commit to strengthening university research programs in 
        technology beyond contracting with universities for services in 
        support of specific programs; and
            (4) the National Aeronautics and Space Administration 
        should develop mechanisms to foster innovative technological 
        research at universities that do not participate in the 
        University Space Engineering Research Centers.
    (b) Study.--The Administrator shall undertake a study of the 
feasibility and potential implementation of a University Innovative 
Research Program which--
            (1) promotes technological innovation in the United States 
        by using the Nation's universities to help meet the National 
        Aeronautics and Space Administration's research and development 
        needs, by stimulating technology transfer between universities 
        and industry, and by encouraging participation by minority and 
        disadvantaged persons in technological innovation;
            (2) is modeled on the Small Business Innovation Research 
        Program;
            (3) avoids duplication of existing National Aeronautics and 
        Space Administration programs with the universities; and
            (4) derives funding from the Space Research and Technology 
        program.
    (c) Completion.--The study required by subsection (b) shall be 
completed and its results submitted to the Congress within one year 
after the date of enactment of this Act.
    (d) Advice.--In carrying out the study required by subsection (b), 
the Administrator shall seek the advice of the National Aeronautics and 
Space Administration Advisory Council, the National Research Council's 
Aeronautics and Space Engineering Board and Space Studies Board, and 
other organizations as appropriate.

SEC. 313. GEOGRAPHICAL DISTRIBUTION.

    The National Aeronautics and Space Administration shall give 
consideration to geographical distribution of its research and 
development funds whenever feasible.

SEC. 314. CONTRACTOR PERFORMANCE.

    (a) General Rule.--The Administrator shall require that all cost-
type research and development contracts entered into by the National 
Aeronautics and Space Administration for the acquisition of articles or 
services shall incorporate a provision which holds the contractor 
liable, in accordance with subsection (c) of this section, for failure 
to comply with the requirements of the contract.
    (b) Liabilities.--A provision described in subsection (a) shall, in 
the event of such a failure, hold the contractor liable for the lesser 
of--
            (1) 50 percent of the cost of rectifying such failure; or
            (2) 10 percent of the contract value at the time of such 
        failure.
    (c) Exceptions.--Liability under subsection (b) shall not be 
imposed if--
            (1) the failure occurred despite the best efforts of the 
        contractor and could not have been reasonably predicted at the 
        time the contract was awarded; or
            (2) the failure occurred notwithstanding the fact that the 
        contractor had adopted, and its employees were following, 
        generally accepted industrial practices in carrying out the 
        contract requirements.
    (d) Prohibition.--The cost of insurance to cover potential 
liabilities described in subsection (b) shall not be an allowable cost 
under a contract described in subsection (a).

SEC. 315. LAND CONVEYANCE.

    The Administrator may accept the conveyance to the United States of 
certain parcels of land from the cities of Cleveland and Brook Park, 
Ohio, for the purpose of establishing a Visitor Center for the Lewis 
Research Center.

SEC. 316. PROCUREMENT.

    (a) Procurement Demonstration Program.--
            (1) In general.--The Administrator shall establish within 
        the Office of Advanced Concepts and Technology a program of 
        expedited technology procurement for the purpose of 
        demonstrating how innovative technology concepts can rapidly be 
        brought to bear upon space missions of the National Aeronautics 
        and Space Administration.
            (2) Procedures and evaluation.--The Administrator shall 
        establish procedures for actively seeking from nongovernment 
        persons innovative technology concepts relating to the 
        provision of space hardware, technology, or services to the 
        National Aeronautics and Space Administration, and for the 
        evaluation of such concepts by the National Aeronautics and 
        Space Administration's Advisory Council against mission 
        requirements.
            (3) Requirement.--At least 10 percent of amounts authorized 
        to be appropriated under section 101(b)(8) for each fiscal year 
        shall be used for innovative technology procurements that are 
        determined under paragraph (2) of this subsection to meet 
        mission requirements.
            (4) Special authority.--In order to carry out this 
        subsection the Administrator shall recruit and hire for limited 
        term appointments persons from the nongovernmental sector with 
        special expertise and experience related to the innovative 
        technology concepts with respect to which procurements are made 
        under this subsection.
    (b) Sunset.--This section shall cease to be effective 10 years 
after the date of its enactment.

SEC. 317. REMOTE SENSING FOR AGRICULTURAL AND RESOURCE MANAGEMENT.

    (a) Findings.--The Congress finds that--
            (1) the use of remote sensing data is potentially a 
        valuable resource to anticipate potential food, feed, and fiber 
        shortages or excesses, and provide this information to the 
        agricultural community in time to assist farmers with planting 
        decisions;
            (2) remote sensing data can be useful to predict impending 
        famine problems and forest infestations in time to allow 
        remedial action;
            (3) remote sensing data can inform the agricultural 
        community as to the condition of crops and the land which 
        sustains those crops;
            (4) remote sensing data can be useful to allow farmers to 
        apply pesticides, nutrients, and water, among other inputs, to 
        farmlands in the exact amounts necessary to maximize crop 
        yield, thereby reducing agricultural costs and minimizing 
        potential harm to the environment;
            (5) remote sensing data can be valuable, when received on a 
        timely basis, in determining the needs of additional plantings 
        of a particular crop or a substitute crop; and
            (6) the National Aeronautics and Space Administration, 
        using the expertise of the Earth Observations Commercialization 
        Applications Program, and the Department of Agriculture should 
        work in tandem to aid farmers to obtain data conducive to sound 
        agricultural management and greater crop yields.
    (b) Information Development.--The Secretary of Agriculture and the 
Administrator of the National Aeronautics and Space Administration, 
maximizing private funding and involvement, shall provide farmers and 
other interested persons with timely information, through remote 
sensing, on crop conditions, fertilization and irrigation needs, pest 
infiltration, soil conditions, projected food, feed, and fiber 
production and any other information available through remote sensing.
    (c) Enhanced Remote Sensing Program.
            (1) The Secretary of Agriculture and the Administrator of 
        the National Aeronautics and Space Administration shall jointly 
        evaluate the need for a radar imaging platform that could 
        enhance U.S. remote sensing capability by providing information 
        and data relating to agricultural resources, and which may have 
        other commercial and research applications.
            (2) In the event there is a finding of need for a platform 
        as set forth in paragraph (1), the Secretary of Agriculture and 
        the Administrator of the National Aeronautics and Space 
        Administration shall jointly develop a proposal, which 
        maximizes private funding and involvement in the launch and 
        operation of such platform, and in the management and 
        dissemination of the data from such platform. The Secretary and 
        the Administrator shall jointly submit the proposal, within 30 
        days of its development, to the House Committee on Agriculture, 
        the Senate Committee on Agriculture, Nutrition, and Forestry, 
        the House Committee on Science, Space and Technology, and the 
        Senate Committee on Commerce, Science, and Transportation.
    (d) Training.--The Secretary of Agriculture and the Administrator 
of the National Aeronautics and Space Administration shall jointly 
develop a proposal to inform farmers and other prospective users 
concerning the use and availability of remote sensing data.
    (e) Sunset.--The provisions of this section shall expire 5 years 
after the date of enactment of this Act.

SEC. 318. ADDITIONAL NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 
              FACILITIES.

    (a) Selection in Depressed Communities.--When consistent with the 
goals of the National Aeronautics and Space Administration and cost-
effective, the Administrator shall select sites in depressed 
communities for new programs or functions of the National Aeronautics 
and Space Administration, unless those new programs or functions are so 
closely related to programs or functions carried out at an existing 
facility as to require being carried out at that existing facility.
    (b) Definitions.--For purposes of this section, the term 
``depressed communities'' means rural and urban communities that are 
relatively depressed, in terms of age of housing, extent of poverty, 
growth of per capita income, extent of unemployment, job lag, or 
surplus labor.

SEC. 319. RECIPROCITY.

    (a) General Rule.--Except as provided in subsection (b), no 
contract or subcontract may be made with funds authorized under this 
Act to a company organized under the laws of a foreign country unless 
the Administrator finds that such country affords comparable 
opportunities to companies organized under the laws of the United 
States.
    (b) Exception.--(1) The Administrator may waive the rule stated 
under subsection (a) if the products or services required are not 
reasonably available from companies organized under the laws of the 
United States. Any such waiver shall be reported to the Congress.
    (2) Subsection (a) shall not apply to the extent that to do so 
would violate the General Agreement on Tariffs and Trade or any other 
international agreement to which the United States is a party.

SEC. 320. HELIUM PURCHASES.

    The National Aeronautics and Space Administration may purchase 
helium from private sector sources.

SEC. 321. DIVERSITY FACTORS IN PROCUREMENT.

    (a) In General.--The Administrator shall ensure, to the fullest 
extent possible, that at least 8 percent of the funding made available 
to the National Aeronautics and Space Administration for each fiscal 
year is made available for contracts with--
            (1) socially and economically disadvantaged small business 
        concerns;
            (2) business concerns or other organizations that are at 
        least 51 percent owned or controlled by women;
            (3) historically Black colleges and universities; and
            (4) colleges and universities having a student body in 
        which more than 20 percent of the students are Hispanic 
        Americans, and other Minority Institutions.
    (b) Waiver of Competitive Procedures.--To the extent necessary to 
carry out subsection (a), the Administrator may enter into contracts 
using less than full and open competitive procedures, but shall pay a 
price not exceeding fair market cost by more than 10 percent in payment 
per contract to contractors or subcontractors described in subsection 
(a).
    (c) Regulations.--The Administrator shall issue such regulations as 
are necessary to carry out this section, including--
            (1) guidelines for contracting officers of the National 
        Aeronautics and Space Administration for carrying out 
        subsection (b);
            (2) to the extent practicable, provision for notice, before 
        solicitation for procurements, that specific procurements have 
        been designated for satisfying the requirement of subsection 
        (a); and
            (3) procedures for implementing this section that do not 
        alter the procurement process under section 8(a) of the Small 
        Business Act.
    (d) Definitions.--For purposes of this section--
            (1) the term ``historically Black colleges and 
        universities'' has the meaning given the term ``part B 
        institution'' in section 322(2) of the Higher Education Act of 
        1965;
            (2) the term ``other Minority Institution'' has the meaning 
        given the term ``eligible institution'' in section 312(b) of 
        the Higher Education Act of 1965; and
            (3) the term ``socially economically disadvantaged small 
        business concerns'' has the meaning given such term in section 
        8(a)(4)(A) of the Small Business Act.

             TITLE IV--AERONAUTICS RESEARCH AND TECHNOLOGY

SEC. 401. FINDINGS.

    The Congress finds that--
            (1) the aerospace industry makes a major contribution to 
        the economy of the United States, accounting for the largest 
        positive trade balance of any United States industry (more than 
        $28,000,000,000 in 1992), and providing over 1,000,000 high-
        value jobs;
            (2) the international market share of the United States 
        aerospace industry has steadily eroded due to competition from 
        foreign consortia that receive substantial direct subsidies 
        from their governments;
            (3) the United States aerospace industry is further 
        negatively impacted by reduced investment in national defense;
            (4) the continued competitiveness of the United States 
        aerospace industry can be significantly aided by an enhanced 
        Federal investment in technology base research and development 
        in aeronautics;
            (5) maintaining state-of-the-art experimental facilities is 
        a key element of Federal investment in aeronautics research and 
        development;
            (6) the long-term contribution of advances in aeronautics 
        to the economy and society will rely on a continued commitment 
        to pioneering research and development such as the National 
        Aero-Space Plane;
            (7) the National Aero-Space Plane program should explore 
        the possibility of collaboration with other nations for 
        opportunities that would offer unique programmatic benefits 
        without compromising the strategic advantage to the United 
        States; and
            (8) cost sharing for facilities use is a highly desirable 
        objective given the deficit reduction goals of the President 
        and the Congress.

SEC. 402. DEFINITION.

    For purposes of this title, the term ``independent organization'' 
means an organization that does not receive significant funding or 
support from the National Aeronautics and Space Administration, other 
than under sections 403, 404, and 406.

SEC. 403. INDEPENDENT PERFORMANCE REVIEW.

    (a) Plan.--The Administrator shall provide for the development of a 
plan establishing criteria, procedures, and milestones for the 
evaluation, by an independent organization, of advances made in 
fundamental aeronautics research and development and the progress made 
by the aeronautics programs of the National Aeronautics and Space 
Administration in achieving their goals. Such plan shall be developed 
by an independent organization in consultation with the Administrator. 
The plan shall also describe criteria and procedures for terminating 
National Aeronautics and Space Administration programs that are not 
making acceptable progress toward their goals. The Administrator shall 
submit a report describing such plan to the Congress within 6 months 
after the date of the enactment of this Act.
    (b) Annual Report.--Beginning in the first year after submission of 
the plan under subsection (a), at the time of the President's annual 
budget request to Congress, the Administrator shall submit to the 
Congress an annual report on the results of an evaluation, conducted by 
an independent organization, of the progress made by the National 
Aeronautics and Space Administration in advancing aeronautics and 
achieving the goals of aeronautics programs. Such evaluation shall be 
conducted using the criteria, procedures, and milestones established 
under the plan required by subsection (a).

SEC. 404. TECHNOLOGY TRANSFER REVIEW.

    (a) Plan.--The Administrator shall provide for the development of a 
plan establishing criteria and procedures for the evaluation, by an 
independent organization, of the effectiveness of technology transfer 
from the National Aeronautics and Space Administration's aeronautics 
programs to industry and other public organizations. Such plan shall be 
developed by an independent organization in consultation with the 
Administrator. The plan shall include clear, quantitative measures of 
the success of such technology transfer activities. The Administrator 
shall submit a report describing such plan to the Congress within 6 
months after the date of the enactment of this Act.
    (b) Annual Report.--Beginning in the first year after submission of 
the plan under subsection (a), at the time of the President's annual 
budget request to Congress, the Administrator shall submit to the 
Congress an annual report on the results of an evaluation, conducted by 
an independent organization, of the effectiveness of the National 
Aeronautics and Space Administration's technology transfer programs. 
Such evaluation shall be conducted using the criteria and procedures 
established under the plan required by subsection (a).

SEC. 405. FACILITIES COST SHARING.

    The Administrator, in conjunction with other ongoing activities of 
the National Aeronautics and Space Administration such as the Aerospace 
Facilities Plan, shall study existing and potential cost sharing 
provisions between the Federal Government and industry as they relate 
to the use of wind tunnels and related test facilities to ensure that 
cost sharing is employed to the fullest reasonable extent. The 
Administrator shall submit to the Congress the results of such study 
concurrent with the completion of the Aerospace Facilities Plan, or one 
year after the date of enactment of this Act, whichever occurs first.

SEC. 406. JOINT AERONAUTICAL RESEARCH AND DEVELOPMENT PROGRAM.

    (a) Establishment.--The Administrator and the heads of other 
appropriate Federal agencies shall jointly establish a program for the 
purpose of conducting research on aeronautical technologies that 
enhance United States competitiveness. Such program shall include--
            (1) research on next-generation wind tunnel and advanced 
        wind tunnel instrumentation technology;
            (2) research on advanced engine materials, engine concepts, 
        and testing of propulsion systems or components of the high-
        speed civil transport research program;
            (3) advanced general aviation research;
            (4) advanced rotorcraft research; and
            (5) advanced hypersonic aeronautical research.
    (b) Contracts and Grants.--Contracts and grants entered into under 
the program established under subsection (a) shall be administered 
using procedures developed jointly by the Administrator and the heads 
of the other Federal agencies involved in the program. These procedures 
should include an integrated acquisition policy for contract and grant 
requirements and for technical data rights that are not an impediment 
to joint programs among the National Aeronautics and Space 
Administration, the other Federal agencies involved in the program, and 
industry.
    (c) Elements of Program.--The program established under subsection 
(a) shall include--
            (1) selected programs that jointly enhance public and 
        private aeronautical technology development;
            (2) an opportunity for private contractors to be involved 
        in such technology research and development; and
            (3) the transfer of Government-developed technologies to 
        the private sector to promote economic strength and 
        competitiveness.

SEC. 407. NATIONAL AERO-SPACE PLANE.

    (a) Findings.--The Congress finds that--
            (1) hypersonic flight will be critical to the continued 
        contribution of aeronautics to the economic and strategic 
        interests of the United States in the early twenty-first 
        century;
            (2) the data obtained through rocket-based hypersonic 
        flight experiments will not, by themselves, reduce risk 
        sufficiently to allow the development of a single-stage-to-
        orbit, air-breathing plane; and
            (3) a single-stage hypersonic research plane is critical to 
        the successful exploration of the hypersonic flight regime and 
        the timely realization of a single-stage-to-orbit, air-
        breathing plane.
    (b) Hypersonic Research Plane Assessment.--The Administrator shall 
conduct a study, through an independent organization, of strategies 
that would optimize the next phase of the National Aero-Space Plane 
program by integrating with the rocket-based hypersonic flight 
experiments the development, in the shortest possible time frame, of a 
single-stage hypersonic research plane capable of speeds in the Mach 10 
to Mach 15 range or greater, with the objective of providing data that 
would accelerate the ultimate development of a single-stage-to-orbit, 
air-breathing plane. The Administrator shall report the results of the 
study to Congress no later than 6 months after the date of the 
enactment of this Act.

            Passed the House of Representatives July 29, 1993.

            Attest:






                                                                 Clerk.

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