In the Senate of the United States,
October 5 (legislative day, September 12), 1994.
Resolved, That the bill from the House of Representa-
tives (H.R. 4489) entitled ‘‘An Act to authorize appropria-
tions to the National Aeronautics and Space Administration
for human space flight, science, aeronautics, and technology,
mission support, and Inspector General, and for other pur-
poses’’, do pass with the following
AMENDMENTS:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Aeronautics and Space
Policy Act of 1994’’.
SEC. 2. FINDINGS.
The Congress finds that—
(1) the National Aeronautics and Space Admin-
istration will require a stable budget, adjusted for in-
flation, in order to carry out the initiatives now
planned in human space flight and science, aero-
nautics, and technology;
(2) cooperation in space should continue to be a
major element of the post-cold war foreign policy
agenda through a broad range of scientific and engi-
neering programs that have the potential to stabilize
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the scientific and industrial base of the former Soviet
Union and encourage the transition toward political
reform and a market-based economy;
(3) the National Aeronautics and Space Admin-
istration should aggressively pursue actions and re-
forms directed at reducing institutional costs, includ-
ing management restructuring, facility consolidation,
procurement reform, personnel base downsizing, and
convergence with other defense and private sector sys-
tems.
(4) in formulating a national space transpor-
tation policy, the National Aeronautics and Space
Administration should take the lead role in develop-
ing advanced space transportation technologies in-
cluding reusable space vehicles, single-stage-to-orbit
vehicles, and manned space systems; and
(5) maintaining experimental state-of-the-art fa-
cilities has been a key investment to retaining United
States competitiveness and technological leadership,
and these facilities have been heavily utilized by
United States industry in their research and develop-
ment programs.
SEC. 3. DEFINITIONS.
For purposes of this Act—
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(1) the term ‘‘Administrator’’ means the Admin-
istrator of the National Aeronautics and Space Ad-
ministration; and
(2) the term ‘‘institution of higher education’’
has the meaning given such term in section 1201(a)
of the Higher Education Act of 1965 (20 U.S.C.
1141(a)).
TITLE 
I—NATIONAL 
AERO-
NAUTICS AND SPACE ADMIN-
ISTRATION
SUBTITLE A—SPECIAL AUTHORITY AND
LIMITATIONS
SEC. 101. OPERATING PLAN.
Not later than 60 days after the date of enactment of
an Act making appropriations to the National Aeronautics
and Space Administration for fiscal year 1995 or the date
of enactment of this Act, the Administrator shall submit
to the Committee on Science, Space, and Technology of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate an operating
plan that provides a detailed plan for obligating fiscal year
1995 funds.
SEC. 102. USE OF FUNDS FOR CONSTRUCTION.
(a) AUTHORIZED USES.—The Administrator may use
funds appropriated for purposes other than—
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(1) construction of facilities;
(2) research and program management, exclud-
ing research operations support; and
(3) Inspector General,
for the construction of new facilities and additions to, re-
pair of, rehabilitation of, or modification of existing facili-
ties at any location in support of the purposes for which
such funds are appropriated.
(b) LIMITATION.—None of the funds used pursuant to
subsection (a) may be expended for a project, the estimated
cost of which to the National Aeronautics and Space Ad-
ministration, including collateral equipment, exceeds
$750,000, until 30 days have passed after the Administrator
has notified the Committee on Science, Space, and Tech-
nology of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate
of the nature, location, and estimated cost to the National
Aeronautics and Space Administration of such project.
(c) TITLE TO FACILITIES.—If funds are used pursuant
to subsection (a) for grants to institutions of higher edu-
cation, or to nonprofit organizations whose primary pur-
pose is the conduct of scientific research, for purchase or
construction of additional research facilities, title to such
facilities shall be vested in the United States unless the Ad-
ministrator determines that the national program of aero-
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nautical and space activities will best be served by vesting
title in the grantee institution or organization. Each such
grant shall be made under such conditions as the Adminis-
trator shall determine to be required to ensure that the
United States will receive therefrom benefits adequate to
justify the making of that grant.
SEC. 103. AVAILABILITY OF APPROPRIATED AMOUNTS
To the extent provided in appropriations Acts, appro-
priations may remain available without fiscal year limita-
tion.
SEC. 104. REPROGRAMMING FOR CONSTRUCTION OF FA-
CILITIES.
(a) IN GENERAL.—Amounts appropriated for a con-
struction of facilities project—
(1) may be varied upward by 10 percent in the
discretion of the Administrator; or
(2) may be varied upward by 25 percent, to meet
unusual cost variations, after the expiration of 15
days following a report on the circumstances of such
action by the Administrator to the Committee on
Science, Space, and Technology of the House of Rep-
resentatives and the Committee on Commerce,
Science, and Transportation of the Senate.
(b) SPECIAL RULE.—Where the Administrator deter-
mines that new developments in the national program of
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aeronautical and space activities have occurred; and that
such developments 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 incon-
sistent with the interest of the Nation in aeronautical and
space activities, the Administrator may use for such pur-
poses up to $10,000,000 of the amounts appropriated for
construction of facilities purposes. No such funds may be
obligated until a period of 30 days has passed after the Ad-
ministrator has transmitted to the Committee on Com-
merce, 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. 105. CONSIDERATION BY COMMITTEES.
Notwithstanding any other provision of this Act—
(1) no amount appropriated to the National Aer-
onautics and Space Administration may be used for
any program for which the President’s annual budget
request included a request for funding, but for which
the Congress denied or did not provide funding; and
(2) no amount appropriated to the National Aer-
onautics and Space Administration may be used for
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any program which has not been presented to the
Congress in the President’s annual budget request or
the supporting and ancillary documents thereto,
unless a period of 30 days has passed after the receipt by
the Committee on Science, Space, and Technology of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate of notice given
by the Administrator containing a full and complete state-
ment of the action proposed to be taken and the facts and
circumstances relied upon in support of such proposed ac-
tion. The National Aeronautics and Space Administration
shall keep the Committee on Science, Space, and Technology
of the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate fully and
currently informed with respect to all activities and respon-
sibilities within the jurisdiction of those committees. Except
as otherwise provided by law, any Federal department,
agency, or independent establishment shall furnish any in-
formation requested by either committee relating to any
such activity or responsibility.
SEC. 106. USE OF FUNDS FOR SCIENTIFIC CONSULTATIONS
OR EXTRAORDINARY EXPENSES.
Funds appropriated for Mission Support may be used,
but not to exceed $35,000, for scientific consultations or ex-
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traordinary expenses upon the authority of the Adminis-
trator.
SEC. 107. LAND CONVEYANCE.
(a) 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 estab-
lishing a Visitor Center for the Lewis Research Center.
(b) If cost-effective, the Administrator may acquire a
certain parcel of land, together with existing facilities, lo-
cated at the site of the Clear Lake Development Facility,
Clear Lake, Texas. The land and facilities in question com-
prise approximately 13 acres and include a Light Manufac-
turing Facilities, an Avionics Development Facility, and
an Assembly and Test Building which may be modified for
use as a Neutral Buoyancy Laboratory in support of
human space flight activities.
SEC. 108. GEOGRAPHICAL DISTRIBUTION.
The National Aeronautics and Space Administration
shall give consideration to geographical distribution of its
research and development funds whenever feasible.
SEC. 
109. 
ADDITIONAL 
NATIONAL 
AERONAUTICS 
AND
SPACE ADMINISTRATION FACILITIES.
The Administrator shall not construct or enter into a
new lease for facilities to support National Aeronautics and
Space Administration programs unless the Administrator
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has certified to the Congress that the Administrator has re-
viewed existing National Aeronautics and Space Adminis-
tration and other federally owned facilities, including mili-
tary facilities scheduled for closing or reduction, and found
no such facilities appropriate for the intended use.
SEC. 110. SENSE OF CONGRESS; ADDITIONAL NATIONAL
AERONAUTICS AND SPACE ADMINISTRATION
FACILITIES.
It is the sense of Congress that, when consistent with
the goals of the National Aeronautics and Space Adminis-
tration, the Administrator should 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.
SEC. 111. PROCUREMENT.
(a) PROCUREMENT DEMONSTRATION.—
(1) IN GENERAL.—The Administrator shall es-
tablish within the Office of Space Access and Tech-
nology a program of expedited technology procure-
ment 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.
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(2) PROCEDURES
AND
EVALUATION.—The Ad-
ministrator shall ensure that proper procedures will
be developed 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.
Expedited technology procurement procedures shall
include, but not be limited to Space Act Agreements,
Cooperative Agreements with both profit and not-for-
profit organizations, and other consortium and
partnering programs that will ensure proactive com-
mercial applications development and technology in-
fusion for both NASA and industry.
To carry out this subsection, the Administrator shall ensure
use in the evaluation process of persons with special exper-
tise and experience related to the innovative technology con-
cepts with respect to which procurements are made under
this subsection. Use of nongovernmental sector expertise will
be used to the maximum extent practicable through the use
of existing special appointment procedures.
(3) SUNSET.—This subsection shall cease to be
effective 10 years after the date of enactment of the
Aeronautics and Space Policy Act of 1994.
(b) TECHNOLOGY PROCUREMENT INITIATIVE.—
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(1) IN GENERAL.—The Administrator shall co-
ordinate National Aeronautics and Space Adminis-
tration resources in the areas of procurement, com-
mercial programs, and advanced technology in order
to—
(A) fairly assess and procure commercially
available technology from the marketplace in the
most efficient manner practicable;
(B) achieve a continuous pattern of inte-
grating advanced technology from the commer-
cial sector into the missions and programs of the
National Aeronautics and Space Administration;
(C) utilize streamlined buying and bidding
procedures to the maximum extent practicable,
and survey private sector buying and bidding
procedures to determine the extent to which they
may be incorporated into procedures of the Na-
tional Aeronautics and Space Administration;
(D) consider the use of fixed price contracts
at both contract and subcontract levels to inte-
grate commercially available technology into sys-
tems and subsystems of the National Aeronautics
and Space Administration; and
(E) provide an annual report to the Con-
gress as to progress achieved in implementing the
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technology procurement initiative set forth under
this subsection.
(2) REQUIREMENTS.—The Administration shall
ensure that requirements developed for space hard-
ware, innovative technology or related space services
under this demonstration program shall, to the maxi-
mum extent practicable, enhance the integration of
existing commercial, non-developmental or available
off-the-shelf hardware or services into meeting the
Agency’s mission. Requirements shall seek to utilize
non-Governmental research and development activi-
ties, and those cooperative research efforts between
Government and non-Government sources to bring po-
tentially innovative technology concepts into the
Agency’s mainstream missions.
SEC. 112. COORDINATION OF EDUCATION SUPPORT FOR
UNDERREPRESENTED GROUPS.
The Administrator shall coordinate with other Federal
agencies all National Aeronautics and Space Administra-
tion education activities to encourage the participation of
women, minorities who are underrepresented in science, en-
gineering, and mathematics, and persons with disabilities.
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SEC. 113. REQUIREMENT FOR INDEPENDENT COST ANALY-
SIS.
The Chief Financial Officer for the National Aero-
nautics and Space Administration shall be responsible for
conducting independent cost analyses of all new projects es-
timated to cost more than $100,000,000 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 prac-
ticable and consistent with other laws, solicit the advice of
expertise outside of the National Aeronautics and Space Ad-
ministration.
SEC. 114. SMALL SPACECRAFT TECHNOLOGY INITIATIVE.
The Administrator may not obligate funds for the
Small Spacecraft Technology Initiative to duplicate private
sector activities or to fund any activities that a private sec-
tor entity is proposing to carry out for commercial pur-
poses.
SEC. 115. SCIENTIFIC COOPERATION WITH RUSSIA.
(a) SENSE OF CONGRESS.—It is the sense of Congress
that the National Aeronautics and Space Administration
should seek, to the maximum extent practicable, to under-
take joint scientific activities with Russia with an initial
focus on the robotic exploration of Mars. Such joint sci-
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entific activities may include other spacefaring nations, as
appropriate.
(b) MARS TRANSITION PLAN.—The Administrator
shall provide to the Congress by February 15, 1995, a de-
tailed plan to integrate the Mars Surveyor program with
a Mars exploration program with Russia and other
spacefaring nations, as appropriate.
SEC. 116. VISITORS CENTER.
To the extent provided in advance in appropriations
Acts, all unobligated funds available to the Administrator
from appropriations for fiscal years before fiscal year 1995,
but not to exceed $5,000,000, may be obligated for the estab-
lishment of a Visitor Center for the Lewis Research Center,
if at least an equal amount of funding of in-kind resources
of equivalent value or a combination thereof are provided
for such purpose from non-Federal sources.
SEC. 
117. 
CONSORTIUM 
FOR 
INTERNATIONAL 
EARTH
SCIENCE INFORMATION NETWORK BUILDING.
The Consortium for International Earth Science Infor-
mation Network may not obligate more than $27,000,000
for the construction of a new building. Such funds may not
be obligated until 90 days after the completion of a building
prospectus by the General Services Administration, which
shall be completed within 60 days after the date of enact-
ment of this Act.
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SEC. 118. GLOBAL CHANGE DATA AND INFORMATION SYS-
TEM.
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 SYS-
TEM.
‘‘(a) IN GENERAL.—The National Aeronautics and
Space Administration, in coordination with other agencies
that belong to the Committee established under section 102,
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 dis-
tribute data generated by the Global Change Research Pro-
gram. The Office of Science and Technology policy shall co-
ordinate the activities of the National Aeronautics and
Space and Administration and such other agencies under
this section.
‘‘(b) SPECIFICATIONS.—The Office of Science and
Technology Policy shall ensure that the Global Change Data
and Information Systems is designed—
‘‘(1) so that Federal agencies may connect data
centers operated by such agencies to such System;
‘‘(2) so as to minimize, to the extent practicable,
the cost of connecting such data centers; and
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‘‘(3) so as to avoid duplication with existing
Federally-funded efforts and to promote products that
are useful to the Global Change Data and Informa-
tion System.
‘‘(c) OPERATING RESPONSIBILITY.—Each agency in-
volved in the Global Change Research Program shall retain
the responsibility to establish and operate Global Change
Data and Information System data centers to process, ar-
chive, and distribute data generated by such agency’s pro-
grams. Agencies may agree to assume the responsibility for
processing, archiving, or distributing data generated by
other agencies.
‘‘(d) PLAN.—The Office of Science and Technology Pol-
icy shall prepare a plan that will ensure the interoper-
ability among the data systems of the agencies of the United
States Global Change Research Program, develop standards
among the agencies to promote the exchange of data by re-
searchers, and maintain high levels of data service among
the agencies. The Office shall submit the plan to the Con-
gress within one year after the date of enactment of the Aer-
onautics and Space Policy Act of 1994.’’.
SEC. 119. ACCESS TO DATA FOR GLOBAL CHANGE RE-
SEARCH.
The National Science and Technology Council, through
its Committee on Environment and Natural Resources,
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shall develop and submit to the Congress within one year
after the date of enactment of this Act a plan for providing
access to declassified data from classified archives and sys-
tems for global change research. The plan shall—
(1) determine whether the Global Change Data
and Information System or other means should be
used to provide multiple source access to such data for
the scientific community; and
(2) identify what agencies or nonprofit institu-
tions or consortia should be responsible for particular
parts of such data and any data centers needed to
process, archive, and distribute such data.
SEC. 120. UNIVERSITY INNOVATIVE RESEARCH PROGRAM
STUDY.
(a) 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 institutions of
higher education to help meet the National Aero-
nautics and Space Administration’s research and de-
velopment needs, by stimulating technology transfer
between institutions of higher education and industry,
and by encouraging participation by minority and
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disadvantaged persons in technological innovation;
and
(2) avoids duplication of existing National Aero-
nautics and Space Administration programs with the
institutions of higher education.
(b) COMPLETION.—The study required by subsection
(a) shall be completed and its results submitted to the Con-
gress within one year after the date of enactment of this
Act.
(c) ADVICE.—In carrying out the study required by
subsection (a), 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. 121. STUDY ON TDRSS AND COMMERCIAL SATELLITE
SYSTEM CONVERGENCE.
(a) REQUIREMENT.—The Administrator shall conduct
a study on the convergence of the National Aeronautics and
Space Administration Tracking and Data Relay Satellite
System (TDRSS) with commercial communications sat-
ellite systems. The study shall assess whether a converged
system, from which the National Aeronautics and Space
Administration would buy tracking and data relay services,
could—
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(1) satisfy the National Aeronautics and Space
Administration’s tracking and data relay require-
ments;
(2) reduce the National Aeronautics and Space
Administration’s expenses in satisfying tracking and
data relay requirements through maintenance and op-
erations of the TDRSS;
(3) be financed, developed, and operated by the
private sector;
(4) serve commercial communication needs;
(5) be established to satisfy the National Aero-
nautics and Space Administration’s requirements in
time to obviate the need to procure TDRSS spacecraft
beyond the tenth flight; and
(6) encourage the growth of the commercial sat-
ellite communications market.
(b) CONSULTATION.—In conducting the study, the Ad-
ministrator shall consult with commercial satellite opera-
tors, including the International Telecommunications Sat-
ellite Organization, other international satellite operators,
and United States satellite operators, as appropriate, and
shall also consult with the Department of Defense concern-
ing its requirements for tracking and data relay services.
(c) REPORT.—The Administrator shall report on the
study’s findings and recommendations on feasibility of con-
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vergence to the Committee on Science, Space, and Tech-
nology of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate
by February 15, 1995.
SEC. 122. SPACE SHUTTLE COST REDUCTION INITIATIVES.
By February 1, 1995, the Administrator shall submit
a report to the Committee on Science, Space, and Tech-
nology of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate
that—
(1) specifies the minimum number of Space
Shuttle flights that would be required each fiscal year
from 1995 through 2004 to implement payload and
related activities provided for in the President’s fiscal
year 1995 budget request and supporting and ancil-
lary documents thereto;
(2) outlines the Space Shuttle flight and payload
manifest that could be implemented for each of the fis-
cal years 1995 through 1999 if the Space Shuttle
flight rate for each of those years were 8 missions, if
the flight rate were 7 missions, and if the flight rate
were 6 missions;
(3) evaluates the extent to which various poten-
tial management consolidation initiatives could re-
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duce the annual cost of the Space Shuttle program
while preserving quality and safety; and
(4) evaluates the extent to which various poten-
tial contract incentives could be used to reduce the
annual cost of the Space Shuttle program while pre-
serving quality and safety.
SEC. 123. ADVANCED LAUNCH TECHNOLOGY REPORT.
By February 1, 1995, the Administrator shall submit
to the Congress a program plan for an advanced launch
technology program that—
(1) clearly articulates the goals and objectives of
the program and the flight hardware it will produce;
(2) describes the management structure and de-
velopment philosophy that will be used to implement
the program;
(3) outlines key milestones toward the achieve-
ment of the goals and objectives articulated under
paragraph (1);
(4) estimates the total cost that will have been
incurred upon completion of the program;
(5) defines the annual budgetary requirements of
the program for the next 5 years; and
(6) identifies the source or sources of funding an-
ticipated for the program for each of the next 5 years.