Calendar No. 674
103D CONGRESS
2D SESSION
H. R. 4489
AN ACT
To authorize appropriations to the National Aero-
nautics and Space Administration for human
space flight, science, aeronautics, and technology,
mission support, and Inspector General, and for
other purposes.
SEPTEMBER 28 (legislative day, SEPTEMBER 12), 1994
Reported with an amendment and an amendment to the
title
II
Calendar No. 674
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
SEPTEMBER 28 (legislative day, SEPTEMBER 12), 1994
Reported by Mr. HOLLINGS, with an amendment and an amendment to the
title
[Strike out all after the enacting clause and insert the part printed in italic]
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