IIA
103D CONGRESS
2D SESSION
H. R. 4489
IN THE SENATE OF THE UNITED STATES
AUGUST 9 (legislative day, AUGUST 8), 1994
Received; read twice and referred to the Committee on Commerce, Science,
and Transportation
AN ACT
To authorize appropriations to the National Aeronautics and
Space Administration for human space flight, science,
aeronautics, and technology, mission support, and In-
spector 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 and Space Policy
Act, Fiscal Year 1995’’.
SEC. 2. FINDINGS.
The Congress finds that—
(1) the National Aeronautics and Space Admin-
istration will require a stable budget, adjusted for
inflation, 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
the scientific and industrial base of the former So-
viet Union and encourage the transition toward po-
litical 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
systems; and
(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.
SEC. 3. DEFINITIONS.
For purposes of this Act—
(1) the term ‘‘Administrator’’ means the Ad-
ministrator of the National Aeronautics and Space
Administration; 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—AUTHORIZATION OF
APPROPRIATIONS
Subtitle A—Authorizations
SEC. 101. AUTHORIZATIONS.
(a) AUTHORIZATIONS.—There are authorized to the
National Aeronautics and Space Administration for
Human Space Flight, Science, Aeronautics, and Tech-
nology, Mission Support, and Inspector General, such
amounts as may be appropriated for fiscal year 1995.
(b) OPERATING PLAN.—(1) Not later than 60 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 1995 or the date of enactment
of this Act, the Administrator shall submit to the Commit-
tee 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.
(2) To the maximum extent practicable, and except
to the extent inconsistent with an appropriations Act, the
operating plan required under paragraph (1) shall reflect
the recommended authorizations set forth in Report No.
103–654 of the House of Representatives.
SEC. 102. SPECIAL PROVISIONS AND LIMITATIONS.
(a) GLOBAL OBSERVATIONS TO BENEFIT THE ENVI-
RONMENT.—Beginning in fiscal year 1996, amounts ap-
propriated for the Global Observations to Benefit the En-
vironment, or any other program established to perform
substantially the same functions, may be obligated only
to the extent that an equal or greater amount of non-Fed-
eral funding is provided for such program.
(b) SMALL SPACECRAFT TECHNOLOGY INITIATIVE.—
No funds authorized to be appropriated under this Act
may be obligated for the Small Spacecraft Technology Ini-
tiative—
(1) to duplicate private sector activities or to
fund any activities that a private sector entity is
proposing to carry out for commercial purposes; or
(2) for projects that are initiated after the date
of enactment of this Act unless such projects require
cost-sharing by industry at levels consistent with
comparable joint Government-industry advanced
technology development programs.
(c) SCIENTIFIC COOPERATION WITH RUSSIA.—
(1) SENSE OF CONGRESS.—It is the sense of
Congress that the National Aeronautics and Space
Administration should seek, to the maximum extent
practicable, to undertake joint scientific activities
with Russia with an initial focus on the robotic ex-
ploration of Mars. Such joint scientific activities may
include other spacefaring nations, as appropriate.
(2) MARS
TRANSITION
PLAN.—The Adminis-
trator shall provide to the Congress by February 15,
1995, a detailed plan for the transition of the Mars
Surveyor program to an integrated Mars exploration
program with Russia and other spacefaring nations,
as appropriate.
(d) VISITORS CENTER.—To the extent provided in
advance in appropriations Acts, all unobligated funds
available to the Administrator from appropriations for fis-
cal years before fiscal year 1995, but not to exceed
$5,000,000, may be obligated for the establishment of a
Visitor Center for the Lewis Research Center, if at least—
(1) an equal amount of funding;
(2) in-kind resources of equivalent value; or
(3) a combination thereof,
are provided for such purpose from non-Federal sources.
Subtitle B—Limitations and
Special Authority
SEC. 111. USE OF FUNDS FOR CONSTRUCTION.
(a) AUTHORIZED USES.—Funds appropriated pursu-
ant to subtitle A for purposes other than—
(1) construction of facilities;
(2) research and program management, exclud-
ing research operations support; and
(3) Inspector General,
may be used for the construction of new facilities and ad-
ditions to, repair of, rehabilitation of, or modification of
existing facilities at any location in support of the pur-
poses for which such funds are authorized.
(b) LIMITATION.—None of the funds used pursuant
to subsection (a) may be expended for a project, the esti-
mated cost of which to the National Aeronautics and
Space Administration, including collateral equipment, ex-
ceeds $500,000, until 30 days have passed after the Ad-
ministrator has notified the Committee on Science, Space,
and Technology 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 pursu-
ant to subsection (a) for 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, title to
such facilities shall be vested in the United States unless
the Administrator determines that the national program
of aeronautical and space activities will best be served by
vesting title in the grantee institution or organization.
Each such grant 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.
SEC. 112. AVAILABILITY OF APPROPRIATED AMOUNTS.
To the extent provided in appropriations Acts, appro-
priations authorized under subtitle A may remain avail-
able without fiscal year limitation.
SEC. 113. REPROGRAMMING FOR CONSTRUCTION OF FA-
CILITIES.
(a) IN GENERAL.—Amounts appropriated pursuant
to subtitle A for a construction 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
Representatives 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
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 ac-
tion until the enactment of the next National Aeronautics
and Space Administration Authorization Act would be in-
consistent with the interest of the Nation in aeronautical
and space activities, the Administrator may use for such
purposes up to $10,000,000 of the amounts appropriated
pursuant to subtitle A for construction of facilities pur-
poses. No such funds may be obligated until a period of
30 days has passed after the Administrator has transmit-
ted to the Committee on Commerce, Science, and Trans-
portation 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. 114. CONSIDERATION BY COMMITTEES.
Notwithstanding any other provision of this Act—
(1) no amount appropriated to the National
Aeronautics 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
Aeronautics and Space Administration may be used
for any program which has not been presented to
the Congress in the President’s annual budget re-
quest or the supporting and ancilliary 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 Com-
merce, Science, and Transportation of the Senate of notice
given by the Administrator containing a full and complete
statement of the action proposed to be taken and the facts
and circumstances relied upon in support of such proposed
action. The National Aeronautics and Space Administra-
tion shall keep the Committee on Science, Space, and
Technology of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the
Senate fully and currently informed with respect to all ac-
tivities and responsibilities within the jurisdiction of those
committees. Except as otherwise provided by law, any
Federal department, agency, or independent establishment
shall furnish any information requested by either commit-
tee relating to any such activity or responsibility.
SEC. 115. USE OF FUNDS FOR SCIENTIFIC CONSULTATIONS
OR EXTRAORDINARY EXPENSES.
Funds appropriated pursuant to subtitle A for Mis-
sion Support may be used, but not to exceed $35,000, for
scientific consultations or extraordinary expenses upon the
authority of the Administrator.
SEC. 116. VOLUNTARY SEPARATION INCENTIVES.
The Administrator shall, to the maximum extent
practicable, make voluntary separation incentive payments
pursuant to the Federal Workforce Restructuring Act of
1994 (Public Law 103–226) to employees of the National
Aeronautics and Space Administration from funds appro-
priated for fiscal year 1995 and available for such pay-
ments.
SEC. 117. LIMITATION ON TRANSFERS TO RUSSIA.
(a) LIMITATION.—No funds authorized to be appro-
priated to the National Aeronautics and Space Adminis-
tration for fiscal year 1995 may be paid or otherwise
transferred to Russia unless—
(1) the payment or transfer is made in ex-
change for goods or services that have been provided
to the National Aeronautics and Space Administra-
tion in accordance with a written agreement between
the National Aeronautics and Space Administration
and Russia;
(2) the Government of the Russian Federation
agrees to provide a monthly report to the National
Aeronautics and Space Administration during the
term of such written agreement, that fully accounts
for the disposition of the funds paid or transferred,
including information with respect to the preceding
month on—
(A) the amount of the funds received, and
the date of receipt;
(B) the amount of the funds converted
from United States currency, the currency into
which the funds have been converted, and the
date and rate of conversion;
(C) the amount of non-United States cur-
rency, and of United States currency, that is
disbursed to any contractor or subcontractor,
the identity of such contractor or subcontractor,
and the date of disbursement; and
(D) the balance of the funds not disbursed
as of the date of the report;
(3) Russia has provided all monthly reports
with respect to which an agreement was made pur-
suant to paragraph (2); and
(4) the President, before such payment or
transfer and annually upon submission of the Presi-
dent’s budget request for fiscal years after fiscal
year 1995, has certified to the Congress that—
(A) the presence of any troops of the Rus-
sian Federation or the Commonwealth of Inde-
pendent States; and
(B) any action by the Russian Federation
or the Commonwealth of Independent States,
in Estonia, Latvia, Lithuania, or any other inde-
pendent state of the former Soviet Union do not vio-
late the sovereignty of those independent states.
(b) DEFINITION.—For purposes of this section, the
term ‘‘Russia’’ means the Government of the Russian
Federation, the Russian Space Agency, or any agency or
instrumentality of the Government of the Russian Federa-
tion or the Russian Space Agency.
SEC. 118. SPACE STATION SPENDING CAP.
The total amount of spending by the National Aero-
nautics Space Administration for the space station shall
not exceed $2,120,900,000 for fiscal year 1995. The limi-
tation in this section shall not apply to amounts provided
for payments to Russia for phase I of the International
Space Station program.
SEC. 
119. 
CONSORTIUM 
FOR 
INTERNATIONAL 
EARTH
SCIENCE INFORMATION NETWORK BUILDING.
The Consortium for International Earth Science In-
formation 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 comple-
tion of a building prospectus by the General Services Ad-
ministration.
SEC. 120. 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 after fiscal year 1995.
TITLE II—MISCELLANEOUS
PROVISIONS
SEC. 201. COMMERCIAL SPACE LAUNCH AMENDMENTS.
(a) AMENDMENTS.—Chapter 701 of title 49, United
States Code, is amended—
(1) in the table of sections—
(A) by amending the item relating to sec-
tion 70104 to read as follows:
‘‘70104. Restrictions on launches, operations, and reentries.’’;
(B) by amending the item relating to sec-
tion 70108 to read as follows:
‘‘70108. Prohibition, suspension, and end of launches, operation of launch sites,
and reentries.’’;
(C) by amending the item relating to sec-
tion 70109 to read as follows:
‘‘70109. Preemption of scheduled launches or reentries.’’;
and
(D) by adding at the end the following new
item:
‘‘Sec. 70120. Report to Congress.’’;
(2) in section 70102—
(A) by inserting ‘‘from Earth’’ after ‘‘and
any payload’’ in paragraph (3);
(B) by redesignating paragraphs (10)
through (12) as paragraphs (12) through (14),
respectively; and
(C) by inserting after paragraph (9) the
following new paragraphs:
‘‘(10) ‘reenter’ and ‘reentry’ mean to return
purposefully, or attempt to return, a reentry vehicle
and payload, if any, from Earth orbit or outer space
to Earth.
‘‘(11) ‘reentry vehicle’ means any vehicle de-
signed to return from Earth orbit or outer space to
Earth substantially intact.’’;
(3) in section 70104—
(A) by amending the section designation
and heading to read as follows:
‘‘§ 70104. Restrictions on launches, operations, and
reentries’’;
(B) by inserting ‘‘, or reenter a reentry ve-
hicle,’’ after ‘‘operate a launch site’’ each place
it appears in subsection (a);
(C) by inserting ‘‘or reentry’’ after ‘‘launch
or operation’’ in subsection (a) (3) and (4);
(D) in subsection (b)—
(i) by striking ‘‘launch license’’ and
inserting in lieu thereof ‘‘license’’;
(ii) by inserting ‘‘or reenter’’ after
‘‘may launch’’; and
(iii) by inserting ‘‘or reentering’’ after
‘‘related to launching’’; and
(E) in subsection (c)—
(i) by amending the subsection head-
ing to read as follows: ‘‘PREVENTING
LAUNCHES OR REENTRIES.—’’;
(ii) by inserting ‘‘or reentry’’ after
‘‘prevent the launch’’; and
(iii) by inserting ‘‘or reentry’’ after
‘‘decides the launch’’;
(4) in section 70105—
(A) by inserting ‘‘, or reentry of a reentry
vehicle,’’ after ‘‘operation of a launch site’’ in
subsection (b)(1); and
(B) by striking ‘‘or operation’’ and insert-
ing in lieu thereof ‘‘, operation, or reentry’’ in
subsection (b)(2)(A);
(5) in section 70106(a)—
(A) by inserting ‘‘or reentry site’’ after
‘‘observer at a launch site’’; and
(B) by inserting ‘‘or reentry vehicle’’ after
‘‘assemble a launch vehicle’’;
(6) in section 70108—
(A) by amending the section designation
and heading to read as follows:
‘‘§ 70108. 
Prohibition, 
suspension, 
and 
end 
of
launches, operation of launch sites, and
reentries’’;
and
(B) in subsection (a)—
(i) by inserting ‘‘, or reentry of a re-
entry vehicle,’’ after ‘‘operation of a launch
site’’; and
(ii) by inserting ‘‘or reentry’’ after
‘‘launch or operation’’;
(7) in section 70109—
(A) by amending the section designation
and heading to read as follows:
‘‘§ 70109. Preemption of scheduled launches or reen-
tries’’;
(B) in subsection (a)—
(i) by inserting ‘‘or reentry’’ after
‘‘ensure that a launch’’;
(ii) by inserting ‘‘, reentry site,’’ after
‘‘United States Government launch site’’;
(iii) by inserting ‘‘or reentry date
commitment’’ after ‘‘launch date commit-
ment’’;
(iv) by inserting ‘‘or reentry’’ after
‘‘obtained for a launch’’;
(v) by inserting ‘‘, reentry site,’’ after
‘‘access to a launch site’’;
(vi) by inserting ‘‘, or services related
to a reentry,’’ after ‘‘amount for launch
services’’; and
(vii) by inserting ‘‘or reentry’’ after
‘‘the scheduled launch’’; and
(C) in subsection (c), by inserting ‘‘or re-
entry’’ after ‘‘prompt launching’’;
(8) in section 70110—
(A) by inserting ‘‘or reentry’’ after ‘‘pre-
vent the launch’’ in subsection (a)(2); and
(B) by inserting ‘‘, or reentry of a reentry
vehicle,’’ after ‘‘operation of a launch site’’ in
subsection (a)(3)(B);
(9) in section 70112—
(A) by inserting ‘‘or reentry’’ after ‘‘one
launch’’ in subsection (a)(3);
(B) by inserting ‘‘or reentry’’ after ‘‘launch
services’’ in subsection (a)(4);
(C) by inserting ‘‘or a reentry’’ after
‘‘launch services’’ each place it appears in sub-
section (b);
(D) by inserting ‘‘OR REENTRIES’’ after
‘‘LAUNCHES’’ in the heading for subsection (e);
and
(E) by inserting ‘‘or reentry’’ after ‘‘launch
site’’ in subsection (e);
(10) in section 70113(a)(1) and (d)(1) and (2),
by inserting ‘‘or reentry’’ after ‘‘one launch’’ each
place it appears;
(11) in section 70115(b)(1)(D)(i)—
(A) by inserting ‘‘reentry site,’’ after
‘‘launch site,’’; and
(B) by inserting ‘‘or reentry vehicle’’ after
‘‘site of a launch vehicle’’;
(12) in section 70117—
(A) by inserting ‘‘or reenter a reentry vehi-
cle’’ after ‘‘operate a launch site’’ in subsection
(a);
(B) by inserting ‘‘or reentry’’ after ‘‘ap-
proval of a space launch’’ in subsection (d);
(C) in subsection (f)—
(i) by inserting ‘‘OR REENTRY’’ after
‘‘LAUNCH’’ in the subsection heading;
(ii) by inserting ‘‘, reentry vehicle,’’
after ‘‘A launch vehicle’’;
(iii) by inserting ‘‘or reentered’’ after
‘‘that is launched’’; and
(iv) by inserting ‘‘or reentry’’ after
‘‘the launch’’; and
(D) in subsection (g)—
(i) by inserting ‘‘reentry of a reentry
vehicle,’’ after ‘‘or launch site,’’ in para-
graph (1); and
(ii) by inserting ‘‘reentry,’’ after
‘‘launch,’’ in paragraph (2);
(13) in section 70119, by inserting the follow-
ing after paragraph (2):
‘‘There are authorized to the Secretary of Transportation
such amounts as may be appropriated to carry out this
chapter for fiscal year 1995.’’; and
(14) by adding at the end the following new
section:
‘‘§ 70120. Report to Congress
‘‘The Secretary of Transportation shall submit to
Congress an annual report to accompany the President’s
budget request that—
‘‘(1) describes all activities undertaken under
this chapter, including a description of the process
for the application for and approval of licenses under
this chapter and recommendations for legislation
that may further commercial launches and reentries;
and
‘‘(2) reviews the performance of the regulatory
activities and the effectiveness of the Office of Com-
mercial Space Transportation.’’.
(b) ADDITIONAL AMENDMENTS.—(1) Section 70105
of title 49, United States Code, is amended—
(A) in subsection (a), by striking ‘‘receiving an
application’’ both places it appears and inserting in
lieu thereof ‘‘accepting an application in accordance
with subsection (b)(2)(D)’’;
(B) by striking ‘‘and’’ at the end of subsection
(b)(2)(B);
(C) by striking the period at the end of sub-
section (b)(2)(C) and inserting in lieu thereof ‘‘;
and’’; and
(D) by adding at the end of subsection (b)(2)
the following new subparagraph:
‘‘(D) regulations establishing criteria for ac-
cepting an application for a license under this chap-
ter.’’.
(2) The amendment made by paragraph (1)(A) shall
take effect upon the effective date of final regulations is-
sued pursuant to section 70105(b)(2)(D) of title 49, Unit-
ed States Code, as added by paragraph (1)(D) of this sub-
section.
SEC. 202. OFFICE OF SPACE COMMERCE AUTHORIZATION.
There are authorized to the Secretary of Commerce
such amounts as may be appropriated for the activities
of the Office of Space Commerce for fiscal year 1995.
SEC. 203. 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) solicitations 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. 
204. 
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. 205. 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. 206. ACCESS TO CLASSIFIED DATA FOR GLOBAL
CHANGE RESEARCH.
The Committee on Environment and Natural Re-
sources 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) 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
(2) identify what agencies should be responsible
for particular parts of such data and any data cen-
ters needed to process, archive, and distribute such
data.
SEC. 207. NATIONAL AERONAUTICS AND SPACE ACT OF 1958
AMENDMENTS.
(a) REPORTS TO THE CONGRESS.—Section 206(a) of
the National Aeronautics and Space Act of 1958 (42
U.S.C. 2476(a)) is amended—
(1) by striking ‘‘January’’ and inserting in lieu
thereof ‘‘May’’; and
(2) by striking ‘‘calendar’’ and inserting in lieu
thereof ‘‘fiscal’’.
(b) DISCLOSURE OF TECHNICAL DATA.—Section 303
of the National Aeronautics and Space Act of 1958 (42
U.S.C. 2454) is amended—
(1) in subsection (a)(C), by inserting ‘‘or (c)’’
after ‘‘subsection (b)’’; and
(2) by adding at the end the following new sub-
section:
‘‘(c)(1) The Administration may delay for a period
not to exceed 5 years the unrestricted public disclosure
of technical data in the possession of, or under the control
of, the Administration that has been generated in the per-
formance of experimental, developmental, or research ac-
tivities or programs funded jointly by the Administration
and the private sector.
‘‘(2) The Administrator shall issue regulations to
carry out this subsection. Paragraph (1) shall not take ef-
fect until such regulations are issued.
‘‘(3) Regulations issued pursuant to paragraph (2)
shall include—
‘‘(A) guidelines for a determination of whether
data is technical data within the meaning of this
subsection;
‘‘(B) a requirement that a determination de-
scribed in subparagraph (A) that particular data is
technical data shall be reported to the Committee on
Science, Space, and Technology of the House of
Representatives and the Committee on Commerce,
Science, and Transportation of the Senate;
‘‘(C) provisions to ensure that technical data is
available for dissemination within the United States
to United States persons and entities in furtherance
of the objective of maintaining leadership or com-
petitiveness in civil and governmental aeronautical
and space activities by the United States industrial
base; and
‘‘(D) a specification of the period or periods for
which the delay in unrestricted public disclosure of
technical data is to apply to various categories of
such data, and the restrictions on disclosure of such
data during such period or periods, including a re-
quirement that the maximum 5-year protection
under this subsection shall not be provided unless at
least 50 percent of the funding for the activities or
programs is provided by the private sector.
‘‘(4) Along with the initial publication of proposed
regulations under paragraph (2), the Administrator shall
include a list of those experimental, developmental, or re-
search activities or programs conducted by, or funded in
whole or in part by, the Administration that may result
in products or processes of significant value in maintain-
ing leadership or competitiveness in civil and governmental
aeronautical and space activities by the United States in-
dustrial base. Such list shall be updated biannually.
‘‘(5) For purposes of this subsection, the term ‘tech-
nical data’ means any recorded information, including
computer software, that is or may be directly applicable
to the design, engineering, development, production, man-
ufacture, or operation of products or processes that may
have significant value in maintaining leadership or com-
petitiveness in civil and governmental aeronautical and
space activities by the United States industrial base.’’.
SEC. 208. COMPARATIVE ANALYSIS OF UNITED STATES AND
FOREIGN EXPENDABLE SPACE LAUNCH SYS-
TEMS.
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 institutions of higher education.
The results of this study shall be submitted to the Con-
gress no later than October 1, 1995.
SEC. 209. UNIVERSITY INNOVATIVE RESEARCH PROGRAM
STUDY.
(a) FINDINGS.—The Congress finds that—
(1) institutions of higher education offer a sig-
nificant resource for the conduct of innovative sci-
entific and technological research to advance the Na-
tional Aeronautics and Space Administration’s mis-
sion;
(2) the National Aeronautics and Space Admin-
istration should act to broaden the foundation of its
research base by increasing the direct involvement of
research laboratories of institutions of higher edu-
cation in the development of technology for space
science;
(3) the National Aeronautics and Space Admin-
istration should commit to strengthening research
programs in technology of institutions of higher edu-
cation beyond contracting with institutions of higher
education for services in support of specific pro-
grams; and
(4) the National Aeronautics and Space Admin-
istration should develop mechanisms to foster inno-
vative technological research at institutions of higher
education 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 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 indus-
try, and by encouraging participation by minority
and disadvantaged persons in technological innova-
tion;
(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
institutions of higher education; 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. 210. GEOGRAPHICAL DISTRIBUTION.
The National Aeronautics and Space Administration
shall give consideration to geographical distribution of its
research and development funds whenever feasible.
SEC. 211. 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. 212. 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—
(A) companies organized under the laws of the
United States; or
(B) companies organized under the laws of a
foreign country which the Administrator finds af-
fords comparable opportunities to companies orga-
nized 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. 213. STUDY ON TDRSS AND COMMERCIAL SATELLITE
SYSTEM CONVERGENCE.
(a) REQUIREMENT.—The Administrator shall con-
duct a study on the convergence of the National Aero-
nautics and Space Administration Tracking and Data
Relay Satellite System (TDRSS) with commercial commu-
nications satellite 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—
(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
operations 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 space-
craft beyond the tenth flight; and
(6) encourage the growth of the commercial sat-
ellite communications market.
(b) CONSULTATION.—In conducting the study, the
Administrator shall consult with commercial satellite oper-
ators, including the International Telecommunications
Satellite Organization, other international satellite opera-
tors, and United States satellite operators, as appropriate,
and shall also consult with the Department of Defense
concerning its requirements for tracking and data relay
services.
(c) REPORT.—The Administrator shall report on the
study’s findings and recommendations on feasibility of
convergence to the Committee on Science, Space, and
Technology of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the
Senate by February 15, 1995.
SEC. 214. STUDY ON CONVERGENCE OF GEOSAT AND EOS
ALTIMETRY PROGRAMS.
(a) REQUIREMENT.—The Administrator shall con-
duct a study on the convergence of the National Aero-
nautics and Space Administration Earth Observing Sys-
tem (EOS) Altimetry mission with the Navy Geosat Fol-
low-On program. The study shall assess whether a con-
verged system, which may involve minor modifications to
the Geosat Follow-On satellite, could—
(1) satisfy the needs of the Earth Observing
System program for altimetry data;
(2) reduce the National Aeronautics and Space
Administration’s expenses in satisfying such needs;
(3) be available in time to serve as the follow-
on to the Topex/Poseidon mission; and
(4) continue to meet the Navy’s requirements
for altimetry data at no additional cost to the Navy.
(b) CONSULTATION.—In conducting the study, the
Administrator shall consult with the Navy and the sci-
entific community, as appropriate.
(c) REPORT.—The Administrator shall report on the
study’s findings and recommendations on the feasibility
of convergence to the Committee on Science, Space, and
Technology of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the
Senate by February 15, 1995.
SEC. 215. 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
ancillary documents thereto;
(2) outlines the Space Shuttle flight and pay-
load manifest that could be implemented for each of
the fiscal 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-
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. 216. ADVANCED LAUNCH TECHNOLOGY PROGRAM.
(a) FUNDING POLICY.—The Administrator may use,
and is encouraged to use, any funds appropriated for
Space Shuttle operations, but not needed for such pur-
poses because of a reduction in annual operating costs,
for an advanced launch technology program, including the
cost of technology development, flight demonstrators, and
procurement of operational flight hardware.
(b) REPORT TO CONGRESS.—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
anticipated for the program for each of the next 5
years, including funds described in subsection (a).
SEC. 217. 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 Cen-
ter.
SEC. 218. 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 2 percent of
amounts appropriated pursuant to subtitle A for the
Office of Advanced Concepts and Technology shall
be used for innovative technology procurements that
are determined under paragraph (2) of this sub-
section to meet mission requirements.
(4) SPECIAL
AUTHORITY.—In order to carry
out this subsection the Administrator shall recruit
and hire for limited term appointments persons from
the nongovernmental sector with special expertise
and experience related to the innovative technology
concepts with respect to which procurements are
made under this subsection.
(5) SUNSET.—This subsection shall cease to be
effective 10 years after the date of its enactment.
(b) TECHNOLOGY PROCUREMENT INITIATIVE.—
(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 Adminis-
tration;
(C) incorporate private sector buying and
bidding procedures, including fixed price con-
tracts, into procurements; and
(D) provide incentives for cost-plus con-
tractors of the National Aeronautics and Space
Administration to integrate commercially avail-
able technology in subsystem contracts on a
fixed-price basis.
(2) CERTIFICATION.—Upon solicitation of any
procurement for space hardware, technology, or serv-
ices that are not commercially available, the Admin-
istrator shall certify, by publication of a notice and
opportunity to comment in the Commerce Business
Daily, for each such procurement action, that no
functional equivalent, commercially available space
hardware, technology, or service exists and that no
commercial method of procurement is available.
SEC. 219. 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 Adminis-
trator has certified to the Congress that the Administrator
has reviewed existing National Aeronautics and Space Ad-
ministration and other federally owned facilities, including
military facilities scheduled for closing or reduction, and
found no such facilities appropriate for the intended use.
SEC. 220. SPACE STATION ACCOUNTING REPORT.
Within one year after the date of enactment of this
Act, and annually thereafter, the Administrator shall
transmit to the Congress a report with a complete annual
accounting of all costs of the space station, including cash
and other payments to Russia.
SEC. 221. PURCHASE OF SPACE SCIENCE DATA.
(a) IN GENERAL.—To the maximum extent possible,
the National Aeronautics and Space Administration shall
purchase from the private sector space science data. Ex-
amples of such data include scientific data concerning the
elemental and mineralogical resources of the moon and the
planets, Earth environmental data obtained through re-
mote sensing observations, and solar storm monitoring.
(b) COMPETITIVE BIDDING.—(1) Contracts for the
purchase of space data under this section shall be awarded
in a process of full, fair, and open competitive bidding.
(2) Submission of cost data, either for the purposes
of supporting the bid or fulfillment of the contract, shall
not be required of bidders.
(3) 
Conformance 
with 
military 
specifications
(Milspec) or National Aeronautics and Space Administra-
tion specifications systems with respect to the design, con-
struction, or operation of equipment used in obtaining
space science data under contracts entered into under this
section shall not be a requirement for a commercial pro-
vider bidding to provide such services.
(4) Contracts under this section shall not provide for
the Federal Government to obtain ownership of data not
specifically sought by the Federal Government.
SEC. 222. 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 Administrator of the
National Aeronautics and Space Administration shall
jointly evaluate the need for a radar imaging platform that
could enhance United States remote sensing capability by
providing information and data relating to agricultural re-
sources, and which may have other commercial and re-
search applications.
(2) In the event there is a finding of need for a plat-
form as set forth in paragraph (1), the Secretary of Agri-
culture 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 manage-
ment and dissemination of the data from such platform.
The Secretary and the Administrator shall jointly submit
the proposal, within 30 days of its development, to the
Committee on Agriculture and the Committee on Science,
Space, and Technology of the House of Representatives,
and to the Committee on Agriculture, Nutrition, and For-
estry and the Committee on Commerce, Science, and
Transportation of the Senate.
(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. 223. COORDINATION OF EDUCATION SUPPORT FOR
UNDERREPRESENTED GROUPS.
The Administrator shall coordinate with other Fed-
eral agencies all National Aeronautics and Space Adminis-
tration education activities to encourage the participation
of women, minorities who are underrepresented in science,
engineering, and mathematics, and persons with disabil-
ities.
SEC. 224. SPACE EXPLORATION OPPORTUNITIES ASSESS-
MENT.
(a) NATIONAL ACADEMY OF SCIENCES CONTRACT.—
The Administrator shall, to the extent provided in advance
in appropriations Acts, enter into a contract with the Na-
tional Academy of Sciences for the conduct of the assess-
ment described in subsection (b).
(b) SPACE EXPLORATION OPPORTUNITIES ASSESS-
MENT.—The contract entered into under subsection (a)
shall provide for an assessment of methods for maximiz-
ing, based on a variety of prospective funding levels, the
quantity and quality of opportunities for space explo-
ration, both human and robotic, using space vehicles and
platforms available or expected to be available. Such as-
sessment shall focus on the 5-year period after the date
of enactment of this Act, and on each of the two subse-
quent 5-year periods. Such assessment shall address op-
portunities in connection with civilian and military domes-
tic, and foreign, space vehicles and platforms, whether
publicly or privately funded.
(c) REPORT
TO
CONGRESS.—The Administrator
shall, within one year after the date of enactment of this
Act, submit to Congress a report containing the results
of the assessment conducted under subsection (b).
SEC. 225. CATALOGUE OF EARTH-THREATENING COMETS
AND ASTEROIDS.
(a) REQUIREMENT.—To the extent practicable, the
National Aeronautics and Space Administration, in coordi-
nation with the Department of Defense and the space
agencies of other countries, shall identify and catalogue
within 10 years the orbital characteristics of all comets
and asteroids that are greater than 1 kilometer in diame-
ter and are in an orbit around the sun that crosses the
orbit of the Earth.
(b) PROGRAM PLAN.—By February 1, 1995, the Ad-
ministrator shall submit to the Congress a program plan,
including estimated budgetary requirements for fiscal
years 1996 through 2000, to implement subsection (a).
TITLE III—REVISIONS TO LAND
REMOTE 
SENSING 
POLICY
ACT OF 1992
SEC. 301. AMENDMENTS.
The Land Remote Sensing Policy Act of 1992 (15
U.S.C. 5601 et seq.) is amended—
(1) by amending section 2(9) to read as follows:
‘‘(9) Because Landsat data are particularly im-
portant for global environmental change research,
the program should be managed by an integrated
team consisting of the National Aeronautics and
Space Administration and the National Oceanic and
Atmospheric Administration and coordinated by the
Office of Science and Technology Policy.’’;
(2) in sections 3(6)(A), 101 (a) and (b),
103(b), and 504, by striking ‘‘Secretary of Defense’’
and inserting in lieu thereof ‘‘Secretary’’;
(3) in section 3(6)(B), by striking ‘‘Department
of Defense’’ and inserting in lieu thereof ‘‘Depart-
ment of Commerce’’;
(4) in section 101(b)(1), by striking ‘‘, with the
addition of a tracking and data relay satellite com-
munications capability’’;
(5) in section 101(b)(2), by striking all after
‘‘baseline funding profile’’ and inserting in lieu
thereof ‘‘for the development and operational life of
Landsat 7 that is mutually acceptable to the agen-
cies constituting the Landsat Program Manage-
ment;’’;
(6) in section 101(b), by inserting after para-
graph (4) the following:
‘‘The Director of the Office of Science and Technology
Policy shall, no later than October 1, 1994, transmit the
management plan to the Committee on Science, Space,
and Technology of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate.’’;
(7) in sections 101(c)(3), 202(b)(1), 501(a),
and 502(c)(7), by striking ‘‘section 506’’ and insert-
ing in lieu thereof ‘‘section 507’’;
(8) in section 102(b)(1), by striking ‘‘by the ex-
pected end of the design life of Landsat 6’’ and in-
serting in lieu thereof ‘‘by the predicted end of life
of Landsat 5, or as soon as practicable thereafter’’;
(9) in section 103(a), by striking ‘‘section 105’’
and inserting in lieu thereof ‘‘section 104’’;
(10) by adding at the end of section 103 the
following new subsection:
‘‘(c) IMPLEMENTATION OF AGREEMENT.—If negotia-
tions under subsection (a) result in an agreement that the
Landsat Program Management determines generally
achieves the goals stated in subsection (a)(1) through (8),
the Landsat Program Management shall award an exten-
sion, until the practical demise of Landsat 4 or Landsat
5, whichever occurs later, of the existing contract with the
Landsat 6 contractor incorporating the terms of such
agreement.’’;
(11) by striking section 104 and redesignating
section 105 as section 104;
(12) in section 201(c)—
(A) by striking ‘‘120 days’’ and inserting
in lieu thereof ‘‘90 days’’; and
(B) by amending the second sentence
thereof to read as follows: ‘‘If the Secretary de-
termines that the license requested by the appli-
cant should not be issued, the Secretary shall
inform the applicant within such 90-day period
of the reasons for such determination and the
specific actions required of the applicant to ob-
tain a license.’’;
(13) in section 202(b)(6), by inserting ‘‘, other
than for the sale of data generated by the system in
accordance with the license, that’’ after ‘‘of any
agreement’’;
(14) in section 204, by striking ‘‘may’’ and in-
serting in lieu thereof ‘‘shall’’;
(15) by inserting at the end of title II the fol-
lowing new section:
‘‘SEC. 206. NOTIFICATION.
‘‘(a) LIMITATIONS ON LICENSEE.—Within 30 days
after any determination by the Secretary to require a li-
censee to limit collection or distribution of data from a
system licensed pursuant to this title, the Secretary shall
report to the Congress the reasons for such determination,
the limitations imposed on the licensee, and the period
during which such limitations apply.
‘‘(b) TERMINATION, MODIFICATION, OR SUSPEN-
SION.—Within 30 days after any action by the Secretary
to seek an order of injunction or other judicial determina-
tion pursuant to section 203(a)(2), the Secretary shall no-
tify the Congress of such action and provide the reasons
for such action.’’;
(16) in section 302—
(A) by striking ‘‘(a) GENERAL RULE.—’’;
and
(B) by striking subsection (b); and
(17) in section 507, by striking subsection (a)
and subsection (b)(1) and inserting in lieu thereof
the following:
‘‘(a) RESPONSIBILITY
OF
SECRETARY
OF
DE-
FENSE.—The Secretary shall consult with the Secretary
of Defense on all matters under this Act affecting national
security. Within 30 days after receiving a request from
the Secretary, the Secretary of Defense shall recommend
any conditions for a license issued under title II, consist-
ent with this Act, that the Secretary of Defense deter-
mines are needed to protect the national security of the
United States. If no such recommendations have been re-
ceived by the Secretary within such 30-day period, the
Secretary may deem activities proposed in the license ap-
plication to be consistent with the protection of the na-
tional security of the United States.
‘‘(b) RESPONSIBILITY OF SECRETARY OF STATE.—
(1) The Secretary shall consult with the Secretary of State
on all matters under this Act affecting international obli-
gations of the United States. Within 30 days after receiv-
ing a request from the Secretary, the Secretary of State
shall recommend any conditions for a license issued under
title II, consistent with this Act, that the Secretary of
State determines are needed to meet existing international
obligations of the United States. If no such recommenda-
tions have been received by the Secretary within such 30-
day period, the Secretary may deem activities proposed in
the license application to be consistent with existing inter-
national obligations of the United States.’’.
TITLE IV—AERONAUTICAL
RESEARCH AND TECHNOLOGY
SEC. 401. FINDINGS.
The Congress finds that—
(1) the United States aeronautics industry has
provided a major contribution to the competitiveness
of the United States, and has accounted for over
$80,000,000,000 
in 
annual 
sales 
and 
over
$20,000,000,000 in positive balance of trade;
(2) the international market share of the Unit-
ed States aeronautics industry has steadily eroded
due to competition from foreign consortia that re-
ceive substantial direct subsidies from their govern-
ments;
(3) the United States aeronautics industry has
been severely impacted by the reductions in defense
spending, leading to reduced levels of research and
development investment by industry;
(4) the foreign policy of the United States has
included maintaining United States competitiveness
and technology leadership in areas of strategic inter-
est, such as aeronautics, but United States aero-
nautics has not been addressed in United States for-
eign policy with the same emphasis as United States
international space endeavors;
(5) no effective means have been developed by
which the National Aeronautics and Space Adminis-
tration can accurately measure the contribution of
its research toward achieving United States competi-
tiveness and maintaining technological leadership;
and
(6) maintaining experimental state-of-the-art
facilities has been a key investment to retaining
United States competitiveness and technological
leadership, and these facilities have been heavily uti-
lized by United States industry in their research and
development programs.
SEC. 402. AERONAUTICS POLICY OF THE NATIONAL AERO-
NAUTICS AND SPACE ADMINISTRATION.
It is the policy of the United States that—
(1) improving the competitive capability of the
United States aeronautics industry shall be a fun-
damental goal of the aeronautical research and de-
velopment programs of the National Aeronautics and
Space Administration;
(2) the investment in aeronautics technology by
the National Aeronautics and Space Administration
shall be closely coordinated with United States in-
dustry;
(3) 
the 
establishment 
of 
industry-led,
precompetitive consortia shall be encouraged to bet-
ter prioritize and coordinate the industry require-
ments for advanced technologies and facilities;
(4) revitalizing national aeronautical facilities
shall be a major element of Federal investment in
aeronautical research and development; and
(5) industry and government cost-sharing for
facilities construction and use shall be investigated
to achieve aeronautics research and technology goals
within a constrained Federal budget.
SEC. 403. AMENDMENTS TO THE NATIONAL AERONAUTICS
AND SPACE ACT OF 1958.
(a) TECHNICAL
CORRECTION
AMENDMENT.—(1)
Section 214 of the National Aeronautics and Space Ad-
ministration Authorization Act, Fiscal Year 1989 is
amended by striking ‘‘(c)’’ both places it appears and in-
serting in lieu thereof ‘‘(d)’’.
(2) The amendment made by paragraph (1) shall be
effective as of the date of enactment of the Act referred
to in paragraph (1).
(b) OBJECTIVES.—Section 102(d) of the National
Aeronautics and Space Act of 1958 (42 U.S.C. 2451(d))
is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(8);
(2) by striking the period at the end of para-
graph (9) and inserting in lieu thereof a semicolon;
and
(3) by adding at the end the following new
paragraphs:
‘‘(10) The economic growth, competitiveness,
and productivity of the Nation through close coordi-
nation with industry in the conduct of innovative
aeronautics technology validation and technology
transfer programs; and
‘‘(11) The improvement of the safety, capacity,
and efficiency of the United States air transpor-
tation system through close coordination among the
agencies of the Federal Government.’’.
SEC. 404. AERONAUTICAL BASIC RESEARCH INVESTMENT
PLAN.
(a) PLAN.—The Administrator shall develop an aero-
nautical basic research investment plan which—
(1) describes the aeronautical basic research
underway within the United States, including a re-
The Administrator shall annually update the plan, includ-
ing a report on progress in achieving the goals and objec-
tives identified pursuant to paragraph (2).
(b) INDEPENDENT
EVALUATION.—The Adminis-
trator shall submit the plan developed under subsection
(a), and all subsequent annual updates thereto, along with
appropriate programmatic technical, schedule, and finan-
cial information, to the National Research Council of the
National Academy of Sciences for an independent evalua-
tion of such plan.
(c) TRANSMITTAL
TO CONGRESS.—The Adminis-
trator shall, along with the first annual budget request
of the President occurring more than 1 year after the date
of enactment of this Act, transmit to the Congress the
plan developed under subsection (a) and the results of the
independent review conducted pursuant to subsection (b).
Subsequent annual updates to the plan and independent
reviews thereof shall be transmitted to the Congress along
with subsequent annual budget requests of the President.
SEC. 405. ROLE OF PROCUREMENT IN TECHNOLOGY IN-
VESTMENT.
The Administrator, in carrying out aeronautical re-
search and technology procurement, shall—
(1) promote the advancement of state-of-the-art
research and technologies;
(2) assess and procure, where appropriate, com-
mercially available technologies;
(3) where appropriate, use performance speci-
fications in procuring technologies; and
(4) reduce the paperwork requirements associ-
ated with procurement.
SEC. 406. AERONAUTICAL TEST FACILITIES INITIATIVE.
(a) STRATEGY.—The President shall establish a
strategy to coordinate with domestic aeronautical compa-
nies to establish the requirements of such companies and
the Federal Government for aeronautical test facilities.
The strategy shall—
(1) define the capabilities of aeronautical test
facilities required by domestic aeronautical compa-
nies and the Federal Government over the next 30
years;
(2) assess the impact to United States competi-
tiveness over the next 30 years resulting from the
use of a combination of domestic and foreign aero-
nautical test facilities by domestic companies; and
(3) identify a funding method for procuring
new aeronautical test facilities which includes cost
sharing and risk sharing with domestic aeronautical
companies, and which uses innovative financing
schemes for the construction and operation of such
new facilities.
(b) TRANSMITTAL TO CONGRESS.—The strategy es-
tablished under subsection (a), along with anticipated
budget requirements over the next 10 years associated
with implementing the strategy, shall be transmitted to
the Congress no later than 6 months after the date of en-
actment of this Act.
SEC. 407. 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. 408. HYPERSONIC RESEARCH INITIATIVE.
The Administrator shall conduct a study, through an
organization not a part of the National Aeronautics and
Space Administration, of strategies that would optimize
the Hypersonic System Technology Program by integrat-
ing with the rocket-based hypersonic flight test experi-
ments the necessary development program which would
achieve a single-stage hypersonic research vehicle capable
of Mach 15 or greater, in the shortest possible time frame.
The objective of a program developed under the strategies
identified through such study would be the development
of a single stage to orbit air breathing aircraft. The Ad-
ministrator shall report the results of the study to Con-
gress no later than 6 months after the date of enactment
of this Act.
Passed the House of Representatives August 8,
1994.
Attest:
DONNALD K. ANDERSON,
Clerk.
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