Union Calendar No. 126
104TH CONGRESS
1ST SESSION
H. R. 2043
[Report No. 104–233]
A BILL
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.
AUGUST 4, 1995
Reported with an amendment, committed to the Commit-
tee of the Whole House on the State of the Union, and
ordered to be printed
IB
Union Calendar No. 126
104TH CONGRESS
1ST SESSION
H. R. 2043
[Report No. 104–233]
To authorize appropriations to the National Aeronautics and Space Adminis-
tration for human space flight, science, aeronautics, and technology,
mission support, and Inspector General, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 17, 1995
Mr. WALKER (for himself and Mr. SENSENBRENNER) introduced the following
bill; which was referred to the Committee on Science
AUGUST 4, 1995
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on July 17, 1995]
A BILL
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 Act, Fiscal Year
1996’’.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The National Aeronautics and Space Admin-
istration has failed to request sufficient funds to per-
form all missions it has proposed in annual budget
requests. For fiscal year 1996, the budget requested is
$140,000,000 below the amount required to fulfill pro-
gram commitments made by the fiscal year 1995
budget approved by Congress. The request for fiscal
year 1996 proposes continued underfunding of the re-
quirements of the National Aeronautics and Space
Administration by $439,000,000 for fiscal year 1997,
$847,000,000 for fiscal year 1998, $1,189,000,000 for
fiscal year 1999, and $1,532,000,000 for fiscal year
2000.
(2) In order to close the gap between projected
program requirements and the underfunding re-
quested, 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.
(3) While institutional reforms, restructurings,
and downsizing hold the promise of comporting the
projected needs of the National Aeronautics and Space
Administration with funding levels requested by the
Administration, such reforms provide no guarantee
against cancellation of missions in the event reform
efforts fail to achieve cost reduction targets.
(4) The National Aeronautics and Space Admin-
istration must reverse its current trend toward becom-
ing an operational agency, and return to its proud
history as the Nation’s leader in basic scientific air
and space research.
(5) Commercial space activity is in a delicate
stage of growth but has the potential to eclipse Fed-
eral space activity in its economic return to the Na-
tion if not stifled.
(6) The United States is on the verge of creating
and using new technologies in microsatellites, infor-
mation processing, and space launch that could radi-
cally alter the manner in which the Government ap-
proaches its space mission.
(7) The overwhelming preponderance of the Fed-
eral Government’s requirements for routine, non-
emergency manned and unmanned space transpor-
tation can be most effectively, efficiently, and eco-
nomically met by a free and competitive market in
privately developed and operated launch services.
(8) In formulating a national space transpor-
tation service policy, the National Aeronautics and
Space Administration should agressively pursue re-
verse contracting opportunities to support the private
sector development of advanced space transportation
technologies including reusable space vehicles, single-
stage-to-orbit vehicles, and manned space systems.
(9) International cooperation in space explo-
ration and science activities serves the United States
national interest—
(A) when it—
(i) reduces the cost of undertaking mis-
sions the United States Government would
pursue unilaterally;
(ii) enables the United States to pursue
missions that it could not otherwise afford
to pursue unilaterally; or
(iii) enhances United States capabili-
ties to use and develop space for the benefit
of United States citizens; and
(B) when it does not—
(i) otherwise harm or interfere with the
ability of United States private sector firms
to develop or explore space commercially;
(ii) interfere with the ability of Fed-
eral agencies to use space to complete their
missions;
(iii) undermine the ability of United
States private enterprise to compete favor-
ably with foreign entities in the commercial
space arena; or
(iv) transfer sensitive or commercially
advantageous technologies or knowledge
from the United States to other countries or
foreign entities except as required by those
countries or entities to make their contribu-
tion to a multilateral space project in part-
nership with the United States, or on a
quid pro quo basis.
(10) The National Aeronautics and Space Ad-
ministration and the Department of Defense can co-
operate more effectively in leveraging their mutual ca-
pabilities to conduct joint space missions that im-
prove United States space capabilities and reduce the
cost of conducting space missions.
SEC. 3. DEFINITIONS.
For purposes of this Act—
(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—AUTHORIZATION OF
APPROPRIATIONS
Subtitle A—Authorizations
SEC. 101. HUMAN SPACE FLIGHT.
(a) AUTHORIZATIONS.—There are authorized to be ap-
propriated to the National Aeronautics and Space Admin-
istration for fiscal year 1996 for Human Space Flight the
following amounts:
(1) 
For 
Space 
Shuttle 
Operations,
$2,341,800,000.
(2) For Space Shuttle Safety and Performance
Upgrades, $837,000,000.
(3) For Payload and Utilization Operations,
$315,000,000.
(4) For Russian Cooperation, $100,000,000.
(b) CONSTRUCTION OF FACILITIES.—(1) Of the funds
authorized to be appropriated under subsection (a)(2),
Space Administration’s participation in Clem-
entine 2 (Air Force Program Element 0603401F
Advanced Spacecraft Technology).
(2) For Life and Microgravity Sciences and Ap-
plications, $293,200,000.
(3) For Mission to Planet Earth, $1,013,100,000,
of which $21,500,000 shall only be for activities de-
scribed in section 208(b)(7)(A), except that no funds
are authorized for the Consortium for International
Earth Science Information Network (except as pro-
vided in section 107) or the Topex Poseidon Follow-
On mission. Funds authorized by this paragraph may
not be expended to duplicate private sector or other
Federal activities or to procure systems to provide
data unless the Administrator certifies to Congress
that no private sector or Federal entity can provide
suitable data in a timely manner. Notwithstanding
any other provision of law, funds in excess of those
authorized by this paragraph may not be obligated
for Mission to Planet Earth.
(4) 
For 
Space 
Access 
and 
Technology,
$639,800,000 of which—
(A) $193,000,000 are authorized for Ad-
vanced Space Transportation;
(B) $10,000,000 are authorized to be made
available for defraying the costs of converting or
redesigning commercially inconsistent elements
of former Federal facilities or to take actions re-
quired for conformance with Federal laws or reg-
ulations relating to commercial space transpor-
tation infrastructure, to remain available until
expended;
(C) $20,000,000 shall be for continuing the
Launch Voucher Demonstration Program author-
ized under section 504 of the National Aero-
nautics and Space Administration Authorization
Act, Fiscal Year 1993 (15 U.S.C. 5803); and
(D) $33,900,000 are authorized for the
Small Spacecraft Technology Initiative, except
that funds for such Initiative may not be ex-
pended to duplicate private sector activities or to
fund any activities that a private sector entity
is proposing to carry out for commercial pur-
poses. No funds are authorized under this para-
graph for the Partnership for Next Generation
Vehicle.
(5) For Aeronautical Research and Technology,
$826,900,000, of which—
(A) $354,700,000 are authorized for Re-
search and Technology Base activities;
(B) $245,500,000 are authorized for High
Speed Research;
(C) $133,000,000 are authorized for Ad-
vanced Subsonic Technology, except that no
funds are authorized for concept studies for Ad-
vanced Traffic Management and Affordable De-
sign and Manufacturing;
(D) $40,200,000 are authorized for High-
Performance Computing and Communications;
and
(E) $48,100,000 are authorized for Numeri-
cal Aerodynamic Simulation.
(6) 
For 
Mission 
Communication 
Services,
$461,300,000.
(7) For Academic Programs, $102,200,000.
(b) CONSTRUCTION OF FACILITIES.—(1) Of the funds
authorized to be appropriated under subsection (a)(3),
$17,000,000 are authorized for construction of the Earth
Systems Science Building, Goddard Space Flight Center.
(2) Of the funds authorized to be appropriated under
subsection (a)(5), $5,400,000 are authorized for moderniza-
tion of the Unitary Plan Wind Tunnel Complex, Ames Re-
search Center.
(3) Of the funds authorized to be appropriated under
subsection (a)(2), $3,000,000 are authorized for the con-
struction of an addition to the Microgravity and Develop-
ment Laboratory, Marshall Space Flight Center.
SEC. 103. MISSION SUPPORT.
There are authorized to be appropriated to the Na-
tional Aeronautics and Space Administration for fiscal
year 1996 for Mission Support the following amounts:
(1) For Safety, Reliability, and Quality Assur-
ance, $37,600,000.
(2) 
For 
Space 
Communication 
Services,
$319,400,000.
(3) For Construction of Facilities, including
land acquisition, $152,600,000, of which—
(A) $6,300,000 shall be for restoration of
Flight Systems Research Laboratory, Ames Re-
search Center;
(B) $3,000,000 shall be for restoration of
chilled water distribution system, Goddard Space
Flight Center;
(C) $4,800,000 shall be for replacing
chillers, various buildings, Jet Propulsion Lab-
oratory;
(D) $1,100,000 shall be for rehabilitation of
electrical distribution system, White Sands Test
Facility, Johnson Space Center;
(E) $4,200,000 shall be for replacement of
main substation switchgear and circuit breakers,
Johnson Space Center;
(F) $1,800,000 shall be for replacement of
15kV load break switches, Kennedy Space Center;
(G) $9,000,000 shall be for rehabilitation of
Central Air Equipment Building, Lewis Re-
search Center;
(H) $4,700,000 shall be for restoration of
high pressure air compressor system, Marshall
Space Flight Center;
(I) $6,800,000 shall be for restoration of In-
formation and Electronic Systems Laboratory,
Marshall Space Flight Center;
(J) $1,400,000 shall be for restoration of
canal lock, Stennis Space Center;
(K) $2,500,000 shall be for restoration of
primary electrical distribution system, Wallops
Flight Facility;
(L) $30,000,000 shall be for repair of facili-
ties at various locations, not in excess of
$1,500,000 per project;
(M) $30,000,000 shall be for rehabilitation
and modification of facilities at various loca-
tions, not in excess of $1,500,000 per project;
(N) $2,000,000 shall be for minor construc-
tion of new facilities and additions to existing
facilities at various locations, not in excess of
$750,000 per project;
(O) $10,000,000 shall be for facility plan-
ning and design not otherwise provided for; and
(P) $35,000,000 shall be for environmental
compliance and restoration.
(4) For Research and Program Management, in-
cluding personnel and related costs, travel, and re-
search operations support, $2,094,800,000.
SEC. 104. INSPECTOR GENERAL.
There are authorized to be appropriated to the Na-
tional Aeronautics and Space Administration for Inspector
General, $17,300,000 for fiscal year 1996.
SEC. 105. TOTAL AUTHORIZATION.
Notwithstanding any other provision of this title, the
total amount authorized to be appropriated to the National
Aeronautics and Space Administration under this Act shall
not exceed $11,547,400,000 for fiscal year 1996.
SEC. 106. ADDITIONAL AUTHORIZATION AND CORRESPOND-
ING REDUCTION.
(a) AUTHORIZATION.—In addition to amounts author-
ized by section 102(a)(3), there are authorized to be appro-
priated to the National Aeronautics and Space Administra-
tion for fiscal year 1996 for Mission to Planet Earth
$274,360,000, to be derived from amounts otherwise author-
ized by this Act.
(b) OPERATING
PLAN.—The Administrator shall,
within 30 days after the later of—
(1) the date of the enactment of this Act; and
(2) the date of the enactment of the Act making
appropriations for the National Aeronautics and
Space Administration for fiscal year 1996,
transmit to the Committee on Science of the House of Rep-
resentatives and the Committee on Commerce, Science, and
Transportation of the Senate an operating plan which iden-
tifies which amounts will be transfered purusant to sub-
section (a).
(c) LIMITATION ON OBLIGATION AND EXPENDITURE.—
None of the funds authorized by subsection (a) shall be
available for obligation or expenditure until—
(1) the National Academy of Sciences has con-
ducted a comprehensive review of the Mission to Plan-
et Earth program as part of its study of the United
States Global Change Research Program;
(2) the Administrator has reported to the Com-
mittee on Science of the House of Representatives and
the Committee on Commerce, Science, and Transpor-
tation of the Senate a plan for implementing the
study’s recommendations and a formal request for all
or part of such funds; and
(3) 90 legislative days have passed after the re-
port is transmitted under paragraph (2).
SEC. 107. LIMITED AVAILABILITY.
Nothing in this Act shall interfere with the rights of
any parties under contracts. Nothing in this Act shall pre-
clude the Consortium for International Earth Science Infor-
mation Network from receiving a contract awarded follow-
ing a full and open competition.
Subtitle B—Restructuring the Na-
tional Aeronautics and Space
Administration
SEC. 111. FINDINGS.
The Congress finds that—
(1) the restructuring of the National Aeronautics
and Space Administration is essential to accomplish-
ing the space missions of the United States while si-
multaneously balancing the Federal budget;
(2) to restructure the National Aeronautics and
Space Administration rapidly without reducing mis-
sion content and safety requires objective financial
judgment;
(3) no effort has been undertaken by the National
Aeronautics and Space Administration to perform a
formal economic review of its missions and the Fed-
eral assets that support them;
(4) therefore it is premature and unwarranted to
attempt closing any National Aeronautics and Space
Administration field center until an asset-based re-
view of United States space missions and capabilities
to support them is performed; and
(5) cost savings from the closing of National Aer-
onautics and Space Administration field centers are
speculative and potentially injurious to mission goals,
unless derived from an asset-based analysis.
SEC. 112. ASSET-BASED REVIEW.
(a) REQUEST FOR PROPOSALS.—Not later than 30
days after the date of the enactment of this Act, the Admin-
istrator shall publish in the Commerce Business Daily a
request for proposals to perform a National Aeronautics
and Space Administration asset-based review.
(b) QUALIFIED PROPOSALS.—Qualified proposals to
perform the asset-based review under this section shall be
from United States persons whose primary business is cor-
porate financial strategy, investment banking, accounting,
or asset management. All proposals shall, at a minimum,
propose to review, for each capital asset owned by the Na-
tional Aeronautics and Space Administration—
(1) its primary function or purpose in relation-
ship to a program, mission, or activity of the Na-
tional Aeronautics and Space Administration;
(2) the existence of other capital assets which du-
plicate or overlap with such function or purpose;
(3) the Federal and non-Federal users thereof;
and
(4) its necessity to carry out a program, mission,
or activity of the National Aeronautics and Space
Administration.
(c) REPORT.—The contractor selected to perform the
asset-based review under this section shall complete such re-
view and transmit to the Administrator and the Congress,
no later than July 31, 1996, a report containing, at a mini-
mum—
(1) for each National Aeronautics and Space Ad-
ministration field center facility—
(A) a list of capital assets that should be
permanently retired or disposed of;
(B) a list of capital assets that may be
transferred to non-Federal institutions and cor-
porations, if the transfer of such asset is cost ef-
fective; and
(C) a list of capital assets essential to the
conduct of National Aeronautics and Space Ad-
ministration programs, missions, or activities,
and a justification for retaining the asset;
(2) for each National Aeronautics and Space Ad-
ministration program element—
(A) a list of capital assets essential to the
conduct of the program element; and
(B) a plan for achieving the most cost-effec-
tive consolidation and efficient use of necessary
capital assets to support such program element,
including the use of non-Federal assets where ap-
propriate; and
(3) for each National Aeronautics and Space Ad-
ministration capital asset—
(A) the total annual cost of maintaining
and operating such capital asset, including Fed-
eral employee and contractor costs;
(B) the depreciated cost, replacement cost,
and salvage value; and
(C) the most cost-effective strategy for main-
taining, replacing, upgrading, or disposing of
the capital asset, as appropriate.
(d) IMPLEMENTATION.—The Administrator shall con-
sider the results of the asset-based review conducted under
this section, and based on the Administrator’s recommenda-
tions, the President shall propose to Congress legislation re-
quired to implement those recommendations no later than
September 30, 1996.
(e) CLOSING OF FIELD CENTERS.—The Administrator
shall not close any National Aeronautics and Space Admin-
istration field center until after the asset-based review re-
port is transmitted under subsection (c), and may only close
field centers that would become obsolete as a result of the
implementation of the Administrator’s recommendations,
and may do so only after enactment of legislation imple-
menting those recommendations.
Subtitle C—Limitations and
Special Authority
SEC. 121. USE OF FUNDS FOR CONSTRUCTION.
(a) AUTHORIZED USES.—Funds appropriated under
sections 101(a), 102(a), and 103 (1) and (2), and funds
appropriated for research operations support under section
103(4), may be used for the construction of new facilities
and additions to, repair of, rehabilitation of, or modifica-
tion of existing facilities at any location in support of the
purposes for which such funds are authorized.