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, construc-
tion of facilities, research and program management, and
Inspector General, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives 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 criti-
cal to the competitiveness and productivity of United
States industry;
(2) the core mission of the National Aero-
nautics and Space Administration is, and depends
upon, the extension of human presence beyond Plan-
et Earth, specifically by the construction and oper-
ation of the International Space Station Freedom in
the near term, and by the acquisition and develop-
ment 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 Aero-
nautics and Space Administration personnel in order
to facilitate any restructuring associated with the re-
design 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 Aero-
nautics and Space Act of 1958, to reduce overlap
and duplication among Federal space programs and
to take greater advantage of other Federal space ca-
pabilities;
(5) the National Aeronautics and Space Admin-
istration should play an active role in preserving a
robust space industrial base and should seek to
strengthen incentives for industry to conduct re-
search and development for both Federal mission
needs and the diversification of space-related appli-
cations;
(6) in the conduct of its space activities, the
United States should employ the existing space as-
sets and capabilities of the former Soviet Union on
a selective basis when unique programmatic benefits
are offered, and should encourage a collaboration be-
tween 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 defi-
cit, the cancellation of the Advanced Solid Rocket
Motor program is necessary, and such cancellation
will result in a reduction of expenditures by the Na-
tional 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 sec-
tions 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 Develop-
ment’’ 
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 pro-
ductivity of research and reducing the costs of oper-
ation, shall include a habitation module as part of
its permanently manned configuration, and shall be
developed in accordance with the international agree-
ments 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 capa-
bilities of the former Soviet Union on a selective
basis when such use will reduce the cost of develop-
ing 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 Na-
tional Aeronautics and Space Administration shall
maintain a strong, independent Space Station Pro-
gram 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’’) cer-
tifies to the Congress that an alternative manage-
ment approach will save money, will not result in in-
creased annual funding requirements or schedule
delays, and will minimize job loss. Any such certifi-
cation shall include a plan for the proposed transi-
tion 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 exper-
tise;
‘‘(C) if such retention is not possible, pro-
vides retraining for other comparable employ-
ment 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 af-
fected by the transition’’.
(b) OTHER RESEARCH AND DEVELOPMENT.—There
are authorized to be appropriated to the National Aero-
nautics and Space Administration for ‘‘Research and De-
velopment’’ for—
(1) Technology Investment Program, estab-
lished under title II of this Act, $22,000,000 for fis-
cal 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 Ad-
ministration, except that no funds appropriated pur-
suant to this Act may be obligated for the establish-
ment of any Technology Research Institutes unless
otherwise specifically provided for by law;
(2) Space Transportation Capability Develop-
ment, $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 im-
provements 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, includ-
ing single-stage-to-orbit technologies, and compo-
nents;
(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 Analy-
sis 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 En-
vironmental Survey mission;
(5) Life and Microgravity Sciences and Applica-
tions, $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 devel-
opment of instrumentation for and flight of re-
motely piloted aircraft, $25,000,000 are author-
ized for the High Resolution Multispectral
Stereo Imager for Landsat 7, if the Adminis-
trator determines and reports to Congress in
writing that equivalent data will not be made
available by private remote-sensing space sys-
tems at the time Landsat 7 will be launched, or
for the purchase of equivalent data to be pro-
vided in the future by private remote-sensing
space systems, and of which $18,000,000 may
be provided for the Consortium for Inter-
national Earth Science Information Network,
except that no funds may be obligated for the
Consortium for International Earth Science In-
formation 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 Pro-
grams—
(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 ac-
tivities, $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 Pro-
grams, $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 fis-
cal 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 para-
graph (9)(F) from the amounts made available pursuant
to paragraph (9) for each fiscal year.
SEC. 102. SPACE FLIGHT, CONTROL, AND DATA COMMU-
NICATIONS.
There are authorized to be appropriated to the Na-
tional 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 Ad-
vanced 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, Communica-
tions, 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 per-
formance specifications, and, to the extent prac-
ticable, seeking to incorporate potential improve-
ments 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 Rock-
et 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 pro-
gram 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 Ad-
ministration for fiscal year 1994 for ‘‘Construction of Fa-
cilities’’, including land acquisition, for—
(1) Construction of Space Station Freedom Fa-
cilities, $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 Exte-
rior 
Utility 
Piping, 
Kennedy 
Space 
Center,
$1,200,000;
(6) Refurbishment of Launch Complex 39 Cool-
ing System, Kennedy Space Center, $4,000,000;
(7) Refurbishment of Launch Complex 39 Sec-
ondary Circuit Breakers, Kennedy Space Center,
$3,300,000;
(8) Refurbishment of Vehicle Assembly Build-
ing/Pad Water Storage Tanks, Kennedy Space Cen-
ter, $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 
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 Com-
pressor 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 Sys-
tem, Stennis Space Center, $2,300,000;
(17) Restoration of High Pressure Gas Storage
Capacity, Stennis Space Center, $2,300,000;
(18) Restoration of Underground Communica-
tion 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 Fa-
cility, $5,200,000;
(23) Replacement of Chillers and Modification
of Related Systems, Various Buildings, Jet Propul-
sion Laboratory, $2,900,000;
(24) Phase I Facility Studies, Requirements
Definition, Design, and Modification and Construc-
tion of National Aeronautics Facilities, Various Lo-
cations, $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, Na-
tional Full-Scale Aerodynamics Complex, Ames Re-
search Center, $2,100,000;
(29) Upgrade of Outdoor Aerodynamic Re-
search 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 Ac-
tive Archive Center, Langley Research Center,
$8,000,000;
(32) Rehabilitation of Rocket Engine Test Fa-
cility, Lewis Research Center, $12,500,000;
(33) Construction of 34-Meter Multifrequency
Antenna, Goldstone Facility, Jet Propulsion Labora-
tory, $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 Restora-
tion, $50,000,000.
Notwithstanding paragraphs (1) through (38), the total
amount authorized to be appropriated under this sub-
section shall not exceed $570,300,000.
(b) FISCAL YEAR 1995.—There are authorized to be
appropriated to the National Aeronautics and Space Ad-
ministration for fiscal year 1995 for ‘‘Construction of Fa-
cilities’’, 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 estab-
lishment of a Visitor Center for the Lewis Research Cen-
ter 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 Na-
tional Aeronautics and Space Administration for ‘‘Re-
search 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 Na-
tional Aeronautics and Space Administration for ‘‘Inspec-
tor 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 loca-
tions other than installations of the National Aero-
nautics and Space Administration for the perform-
ance 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 activi-
ties will best be served by vesting title in the grantee insti-
tution or organization or the Federal contribution to such
purchase or construction is not substantial enough to war-
rant 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 ade-
quate 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 Com-
mittee 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 associ-
ated with personnel relocation and for other services pro-
vided 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 EX-
TRAORDINARY
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 conclu-
sive 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 fa-
cilities 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 collat-
eral equipment, shall not exceed $750,000 per fiscal year.
(3) Appropriations authorized under section 101 may
be used for repair, rehabilitation, or modification of facili-
ties controlled by the General Services Administration, ex-
cept that the cost of each such project, including collateral
equipment, shall not exceed $500,000 per fiscal year.
SEC. 114. REPROGRAMMING FOR CONSTRUCTION OF FA-
CILITIES.
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 Sen-
ate and the Committee on Science, Space, and Tech-
nology of the House of Representatives on the cir-
cumstances of such action, may be varied upward by
25 percent, to meet unusual cost variations.
The total amount authorized to be appropriated under sec-
tion 103 shall not be increased as a result of actions au-
thorized under paragraphs (1) and (2) of this section.
SEC. 115. SPECIAL REPROGRAMMING AUTHORITY FOR
CONSTRUCTION OF FACILITIES.
Where the Administrator determines that new devel-
opments or scientific or engineering changes in the na-
tional program of aeronautical and space activities have
occurred; and that such changes require the use of addi-
tional funds for the purposes of construction, expansion,
or modification of facilities at any location; and that defer-
ral 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 ap-
propriation under section 103 for such purposes. The Ad-
ministrator 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 Rep-
resentatives 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 Com-
merce, 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 pro-
gram 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 Adminis-
trator containing a full and complete statement of the ac-
tion proposed to be taken and the facts and circumstances
relied upon in support of such proposed action. The Na-
tional 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 cur-
rently informed with respect to all activities and respon-
sibilities within the jurisdiction of those committees. Any
Federal department, agency, or independent establishment
shall furnish any information requested by either commit-
tee 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 Ad-
ministration 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 Adminis-
trator 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 specifi-
cally 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 provi-
sion of this Act, no funds may be obligated for any pro-
grams, 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 un-
less 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 Com-
merce, 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 fis-
cal 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 Ad-
ministration Center and the corresponding reduction
in full-time equivalent employees,
may be expended unless $1,900,000,000 are made avail-
able for such fiscal year for the Space Station Freedom.
SEC. 121. AUTHORIZATIONS AVAILABLE FOR DISASTER RE-
LIEF.
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 re-
sult from using these new facilities to support activi-
ties that are consistent with the programs author-
ized 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, aero-
nautical 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 Na-
tional 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 es-
tablishment 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 de-
velop advanced space technologies that advance the
competitiveness of the United States; and
(3) to encourage participation by industrial par-
ticipants not part of the traditional Federal con-
tracting base.
(b) ELIGIBLE PARTICIPANTS.—
(1) GENERAL RULE.—Single firms, consortia or
cooperative arrangements among 2 or more eligible
firms, or a nonprofit research organization estab-
lished by 2 or more eligible firms, are eligible par-
ticipants under this section. Such eligible partici-
pants may include participation by Federal labora-
tories, institutions of higher education, State agen-
cies, and other entities.
of such activities to accompany the President’s budget re-
quest 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 ca-
pabilities 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 manu-
facturing 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 incor-
porated in a country, the government of
which—
(i) permits the participation of firms
incorporated in the United States in re-
search and development consortia to which
the government of that country provides
funding directly or indirectly through
international organizations; and
(ii) affords adequate and effective pro-
tection 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 manufac-
turing 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 Ste-
venson-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 coordi-
nate National Aeronautics and Space Administration re-
sources in the areas of procurement, commercial pro-
grams, 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 Aero-
nautics and Space Administration;
(3) incorporate private sector buying and bid-
ding procedures, including fixed price contracts, into
procurements; and
(4) provide incentives for cost-plus contractors
of the National Aeronautics and Space Administra-
tion to integrate commercially available technology
in subsystem contracts on a fixed-price basis.
(b) CERTIFICATION.—Upon solicitation of any pro-
curement for space hardware, technology, or services that
are not commercially available, the Administrator shall
certify, by publication of a notice and opportunity to com-
ment in the Commerce Business Daily, for each such pro-
curement action, that no functional equivalent, commer-
cially available space hardware, technology, or service ex-
ists 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 pur-
posefully, 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 de-
signed 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 ‘‘sec-
tion 4(11)’’ each place it appears and inserting in
lieu thereof ‘‘section 4(14)’’;
(4) in section 6(a)(3)(A), by inserting ‘‘or re-
entry’’ 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 in-
serting 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 ‘‘pre-
vent the launch’’;
(B) by striking ‘‘holder of a launch li-
cense’’ and inserting in lieu thereof ‘‘licensee’’;
and
(C) by inserting ‘‘or reentry’’ after ‘‘deter-
mines 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 insert-
ing in lieu thereof ‘‘for reentering one or more re-
entry 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 re-
entry 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 re-
entry’’ 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 ‘‘en-
sure that the launches’’;
(B) by inserting ‘‘or reentry date commit-
ment’’ after ‘‘launch date commitment’’;
(C) by inserting ‘‘or reentry’’ after ‘‘ob-
tained 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 re-
entry’’ 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 insert-
ing ‘‘or reentry’’ after ‘‘any particular launch’’ each
place it appears;
(20) in section 16(a)(1)(C) and (D), by insert-
ing ‘‘or a reentry’’ after ‘‘launch services’’ each place
it appears;
(21) in section 16(a)(2), by inserting ‘‘or re-
entry’’ 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 re-
entry’’ 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 au-
thorized 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 re-
views the performance of the regulatory activities and the
effectiveness of the Office of Commercial Space Transpor-
tation.
SEC. 
303. 
SPACE 
TRANSPORTATION 
INFRASTRUCTURE
MATCHING GRANTS.
In order to ensure the continued resiliency of the Na-
tion’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 Com-
merce shall be responsible for the development and coordi-
nation of all policy recommendations and activities per-
taining to commercial activities in space except those func-
tions and activities explicitly authorized in statute to other
Federal agencies. In carrying out this responsibility, such
Office shall consult with other Federal agencies as appro-
priate, including the Department of Transportation, the
National Aeronautics and Space Administration, the De-
partment 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 De-
partment of Commerce. The Office’s responsibilities shall
include—
(1) promoting private sector investment in
space activities by collecting, analyzing, and dissemi-
nating information on space markets, and conduct-
ing 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 Fed-
eral Government meets its space-related require-
ment, to the fullest extent feasible, with commer-
cially available space goods and services;
(3) ensuring that the United States Govern-
ment 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 in-
stitutional 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 con-
taining recommendations for procuring space infrastruc-
ture, space launch and launch support facilities, and pay-
loads using proof of concept methods and unsolicited pro-
posals. In preparing such report, the Office of Space Com-
merce 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 appro-
priated 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 sub-
section (b), the Administrator shall ensure that procure-
ments 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 Rep-
resentative determines that a procurement described in
subsection (b) would be in violation of the General Agree-
ment 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 ex-
pending 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 Aero-
nautics 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 submis-
sion 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 ad-
vice 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 Adminis-
tration, in coordination with other agencies that belong to
the Committee on Earth and Environmental Sciences,
shall establish the requirements and architecture for, de-
sign, 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 Re-
search Program.
‘‘(b) The National Aeronautics and Space Adminis-
tration shall design the Global Change Data and Informa-
tion System—
‘‘(1) so that other Federal agencies may con-
nect data centers operated by such agencies to such
System; and
‘‘(2) so as to minimize, to the extent prac-
ticable, the cost of connecting such data centers.
‘‘(c) Each agency involved in the Global Change Re-
search Program shall retain the responsibility to establish
and operate Global Change Data and Information System
data centers to process, archive, and distribute data gen-
erated by such agency’s programs. Agencies may agree to
assume the responsibility for processing, archiving, or dis-
tributing 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 ar-
chives 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 distrib-
ute such data.
SEC. 309. ORBITAL DEBRIS.
The Office of Science and Technology Policy, in co-
ordination with the National Aeronautics and Space Ad-
ministration, 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 enact-
ment of this Act for the control of orbital debris. The plan
shall include proposed launch vehicle and spacecraft de-
sign 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. Fi-
nally, the plan shall include a schedule for the development
of an international agreement on the control of orbital de-
bris.
SEC. 310. NATIONAL AERONAUTICS AND SPACE ACT OF 1958
AMENDMENTS.
(a) POLICY AND PURPOSE.—Section 102 of the Na-
tional Aeronautics and Space Act of 1958 (42 U.S.C.
2451) is amended—
(1) by striking subsections (e) and (f) and in-
serting 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 Aero-
nautics and Space Administration also be directed toward
supporting the private sector development of advanced
space technologies which enhance economic growth, com-
petitiveness, 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 be-
tween existing United States and foreign expendable space
launch vehicles. This study shall determine specific dif-
ferences in the design, manufacture, processing, and over-
all 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 De-
fense 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 Admin-
istration 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 Admin-
istration 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 Admin-
istration should develop mechanisms to foster inno-
vative 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 Ad-
ministration’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 Innova-
tion Research Program;
(3) avoids duplication of existing National Aero-
nautics 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 Advi-
sory 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 re-
quire that all cost-type research and development con-
tracts 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 con-
tract.
(b) LIABILITIES.—A provision described in sub-
section (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 em-
ployees 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 es-
tablish within the Office of Advanced Concepts and
Technology a program of expedited technology pro-
curement for the purpose of demonstrating how in-
novative technology concepts can rapidly be brought
to bear upon space missions of the National Aero-
nautics and Space Administration.
(2) PROCEDURES AND EVALUATION.—The Ad-
ministrator shall establish procedures for actively
seeking from nongovernment persons innovative
technology concepts relating to the provision of
space hardware, technology, or services to the Na-
tional 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 inno-
vative technology procurements that are determined
under paragraph (2) of this subsection to meet mis-
sion 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 RE-
SOURCE 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 in-
formation 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 agricul-
tural 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 sub-
stitute crop; and
(6) the National Aeronautics and Space Admin-
istration, using the expertise of the Earth Observa-
tions Commercialization Applications Program, and
the Department of Agriculture should work in tan-
dem 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 Aero-
nautics and Space Administration, maximizing private
funding and involvement, shall provide farmers and other
interested persons with timely information, through re-
mote sensing, on crop conditions, fertilization and irriga-
tion 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 Ad-
ministrator of the National Aeronautics and Space
Administration shall jointly evaluate the need for a
radar imaging platform that could enhance U.S. re-
mote sensing capability by providing information
and data relating to agricultural resources, and
which may have other commercial and research ap-
plications.
(2) In the event there is a finding of need for
a platform as set forth in paragraph (1), the Sec-
retary 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 develop-
ment, 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 Com-
merce, Science, and Transportation.
(d) TRAINING.—The Secretary of Agriculture and the
Administrator of the National Aeronautics and Space Ad-
ministration 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 ex-
pire 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 Aero-
nautics 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 car-
ried 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 sub-
section (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 Adminis-
trator finds that such country affords comparable oppor-
tunities 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 compa-
nies 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 Institu-
tions.
(b) WAIVER OF COMPETITIVE PROCEDURES.—To the
extent necessary to carry out subsection (a), the Adminis-
trator may enter into contracts using less than full and
open competitive procedures, but shall pay a price not ex-
ceeding fair market cost by more than 10 percent in pay-
ment per contract to contractors or subcontractors de-
scribed 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 no-
tice, before solicitation for procurements, that spe-
cific procurements have been designated for satisfy-
ing the requirement of subsection (a); and
(3) procedures for implementing this section
that do not alter the procurement process under sec-
tion 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 Edu-
cation 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 disadvan-
taged 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 con-
tribution to the economy of the United States, ac-
counting 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 Unit-
ed 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 fur-
ther 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 de-
sirable objective given the deficit reduction goals of
the President and the Congress.
SEC. 402. DEFINITION.
For purposes of this title, the term ‘‘independent or-
ganization’’ means an organization that does not receive
significant funding or support from the National Aero-
nautics and Space Administration, other than under sec-
tions 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 orga-
nization, of advances made in fundamental aeronautics re-
search and development and the progress made by the aer-
onautics programs of the National Aeronautics and Space
Administration in achieving their goals. Such plan shall
be developed by an independent organization in consulta-
tion with the Administrator. The plan shall also describe
criteria and procedures for terminating National Aero-
nautics and Space Administration programs that are not
making acceptable progress toward their goals. The Ad-
ministrator shall submit a report describing such plan to
the Congress within 6 months after the date of the enact-
ment 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 Na-
tional Aeronautics and Space Administration in advancing
aeronautics and achieving the goals of aeronautics pro-
grams. Such evaluation shall be conducted using the cri-
SEC. 405. FACILITIES COST SHARING.
The Administrator, in conjunction with other ongoing
activities of the National Aeronautics and Space Adminis-
tration 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 ex-
tent. 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 DEVELOP-
MENT PROGRAM.
(a) ESTABLISHMENT.—The Administrator and the
heads of other appropriate Federal agencies shall jointly
establish a program for the purpose of conducting re-
search on aeronautical technologies that enhance United
States competitiveness. Such program shall include—
(1) research on next-generation wind tunnel
and advanced wind tunnel instrumentation tech-
nology;
(2) research on advanced engine materials, en-
gine concepts, and testing of propulsion systems or
components of the high-speed civil transport re-
search 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 sub-
section (a) shall be administered using procedures devel-
oped 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 Administra-
tion, the other Federal agencies involved in the program,
and industry.
(c) ELEMENTS OF PROGRAM.—The program estab-
lished under subsection (a) shall include—
(1) selected programs that jointly enhance pub-
lic and private aeronautical technology development;
(2) an opportunity for private contractors to be
involved in such technology research and develop-
ment; and
(3) the transfer of Government-developed tech-
nologies 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 con-
tinued 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 inde-
pendent organization, of strategies that would optimize
the next phase of the National Aero-Space Plane program
by integrating with the rocket-based hypersonic flight ex-
periments 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 re-
sults 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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