(3) in subsection (g), as so redesignated, by
striking ‘‘(f), and (g)’’ and inserting in lieu thereof
‘‘and (f)’’.
(b) REPORTS TO CONGRESS.—Section 206(a) of the
National Aeronautics and Space Act of 1958 (42 U.S.C.
2476(a)) is amended by striking ‘‘calendar’’ and inserting
in lieu thereof ‘‘fiscal’’.
SEC. 311. COMPARATIVE ANALYSIS OF UNITED STATES AND
FOREIGN 
EXPENDABLE 
SPACE 
LAUNCH
SYSTEMS.
The National Aeronautics and Space Administration
shall conduct a comprehensive study of the differences be-
tween existing United States and foreign expendable space
launch vehicles. This study shall determine specific dif-
ferences in the design, manufacture, processing, and over-
all management and infrastructure of current United
States and foreign expendable space launch vehicles. The
study shall also determine the approximate effect of these
differences on the relative cost, reliability, and operational
efficiency of such space launch systems. This study shall
be conducted in consultation with the Department of De-
fense and, as appropriate, other Federal agencies, United
States industries, and academic institutions. The results
of this study shall be submitted to the Congress no later
than October 1, 1994.
SEC. 312. UNIVERSITY INNOVATIVE RESEARCH PROGRAM
STUDY.
(a) FINDINGS.—The Congress finds that—
(1) universities offer a significant resource for
the conduct of innovative scientific and technological
research to advance the National Aeronautics and
Space Administration’s mission;
(2) the National Aeronautics and Space Admin-
istration should act to broaden the foundation of its
research base by increasing the direct involvement of
university research laboratories in the development
of technology for space science;
(3) the National Aeronautics and Space Admin-
istration should commit to strengthening university
research programs in technology beyond contracting
with universities for services in support of specific
programs; and
(4) the National Aeronautics and Space Admin-
istration should develop mechanisms to foster inno-
vative technological research at universities that do
not participate in the University Space Engineering
Research Centers.
(b) STUDY.—The Administrator shall undertake a
study of the feasibility and potential implementation of a
University Innovative Research Program which—
(1) promotes technological innovation in the
United States by using the Nation’s universities to
help meet the National Aeronautics and Space Ad-
ministration’s research and development needs, by
stimulating technology transfer between universities
and industry, and by encouraging participation by
minority and disadvantaged persons in technological
innovation;
(2) is modeled on the Small Business Innova-
tion Research Program;
(3) avoids duplication of existing National Aero-
nautics and Space Administration programs with the
universities; and
(4) derives funding from the Space Research
and Technology program.
(c) COMPLETION.—The study required by subsection
(b) shall be completed and its results submitted to the
Congress within one year after the date of enactment of
this Act.
(d) ADVICE.—In carrying out the study required by
subsection (b), the Administrator shall seek the advice of
the National Aeronautics and Space Administration Advi-
sory Council, the National Research Council’s Aeronautics
and Space Engineering Board and Space Studies Board,
and other organizations as appropriate.
SEC. 313. GEOGRAPHICAL DISTRIBUTION.
The National Aeronautics and Space Administration
shall give consideration to geographical distribution of its
research and development funds whenever feasible.
SEC. 314. CONTRACTOR PERFORMANCE.
(a) GENERAL RULE.—The Administrator shall re-
quire that all cost-type research and development con-
tracts entered into by the National Aeronautics and Space
Administration for the acquisition of articles or services
shall incorporate a provision which holds the contractor
liable, in accordance with subsection (c) of this section,
for failure to comply with the requirements of the con-
tract.
(b) LIABILITIES.—A provision described in sub-
section (a) shall, in the event of such a failure, hold the
contractor liable for the lesser of—
(1) 50 percent of the cost of rectifying such
failure; or
(2) 10 percent of the contract value at the time
of such failure.
(c) EXCEPTIONS.—Liability under subsection (b)
shall not be imposed if—
(1) the failure occurred despite the best efforts
of the contractor and could not have been reasonably
predicted at the time the contract was awarded; or
(2) the failure occurred notwithstanding the
fact that the contractor had adopted, and its em-
ployees were following, generally accepted industrial
practices in carrying out the contract requirements.
(d) PROHIBITION.—The cost of insurance to cover
potential liabilities described in subsection (b) shall not be
an allowable cost under a contract described in subsection
(a).
SEC. 315. LAND CONVEYANCE.
The Administrator may accept the conveyance to the
United States of certain parcels of land from the cities
of Cleveland and Brook Park, Ohio, for the purpose of
establishing a Visitor Center for the Lewis Research
Center.
SEC. 316. PROCUREMENT.
(a) PROCUREMENT DEMONSTRATION PROGRAM.—
(1) IN GENERAL.—The Administrator shall es-
tablish within the Office of Advanced Concepts and
Technology a program of expedited technology pro-
curement for the purpose of demonstrating how in-
novative technology concepts can rapidly be brought
to bear upon space missions of the National Aero-
nautics and Space Administration.
(2) PROCEDURES AND EVALUATION.—The Ad-
ministrator shall establish procedures for actively
seeking from nongovernment persons innovative
technology concepts relating to the provision of
space hardware, technology, or services to the Na-
tional Aeronautics and Space Administration, and
for the evaluation of such concepts by the National
Aeronautics and Space Administration’s Advisory
Council against mission requirements.
(3) REQUIREMENT.—At least 10 percent of
amounts authorized to be appropriated under section
101(b)(8) for each fiscal year shall be used for inno-
vative technology procurements that are determined
under paragraph (2) of this subsection to meet mis-
sion requirements.
(4) SPECIAL
AUTHORITY.—In order to carry
out this subsection the Administrator shall recruit
and hire for limited term appointments persons from
the nongovernmental sector with special expertise
and experience related to the innovative technology
concepts with respect to which procurements are
made under this subsection.
(b) SUNSET.—This section shall cease to be effective
10 years after the date of its enactment.
SEC. 317. REMOTE SENSING FOR AGRICULTURAL AND RE-
SOURCE MANAGEMENT.
(a) FINDINGS.—The Congress finds that—
(1) the use of remote sensing data is potentially
a valuable resource to anticipate potential food, feed,
and fiber shortages or excesses, and provide this in-
formation to the agricultural community in time to
assist farmers with planting decisions;
(2) remote sensing data can be useful to predict
impending famine problems and forest infestations
in time to allow remedial action;
(3) remote sensing data can inform the agricul-
tural community as to the condition of crops and the
land which sustains those crops;
(4) remote sensing data can be useful to allow
farmers to apply pesticides, nutrients, and water,
among other inputs, to farmlands in the exact
amounts necessary to maximize crop yield, thereby
reducing agricultural costs and minimizing potential
harm to the environment;
(5) remote sensing data can be valuable, when
received on a timely basis, in determining the needs
of additional plantings of a particular crop or a sub-
stitute crop; and
(6) the National Aeronautics and Space Admin-
istration, using the expertise of the Earth Observa-
tions Commercialization Applications Program, and
the Department of Agriculture should work in tan-
dem to aid farmers to obtain data conducive to
sound agricultural management and greater crop
yields.
(b) INFORMATION DEVELOPMENT.—The Secretary of
Agriculture and the Administrator of the National Aero-
nautics and Space Administration, maximizing private
funding and involvement, shall provide farmers and other
interested persons with timely information, through re-
mote sensing, on crop conditions, fertilization and irriga-
tion needs, pest infiltration, soil conditions, projected food,
feed, and fiber production and any other information
available through remote sensing.
(c) ENHANCED REMOTE SENSING PROGRAM.—
(1) The Secretary of Agriculture and the Ad-
ministrator of the National Aeronautics and Space
Administration shall jointly evaluate the need for a
radar imaging platform that could enhance United
States remote sensing capability by providing infor-
mation and data relating to agricultural resources,
and which may have other commercial and research
applications.
(2) In the event there is a finding of need for
a platform as set forth in paragraph (1), the Sec-
retary of Agriculture and the Administrator of the
National Aeronautics and Space Administration
shall jointly develop a proposal, which maximizes
private funding and involvement in the launch and
operation of such platform, and in the management
and dissemination of the data from such platform.
The Secretary and the Administrator shall jointly
submit the proposal, within 30 days of its develop-
ment, to the House Committee on Agriculture, the
Senate Committee on Agriculture, Nutrition, and
Forestry, the House Committee on Science, Space,
and Technology, and the Senate Committee on Com-
merce, Science, and Transportation.
(d) TRAINING.—The Secretary of Agriculture and the
Administrator of the National Aeronautics and Space Ad-
ministration shall jointly develop a proposal to inform
farmers and other prospective users concerning the use
and availability of remote sensing data.
(e) SUNSET.—The provisions of this section shall ex-
pire 5 years after the date of enactment of this Act.
SEC. 318. ADDITIONAL NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION FACILITIES.
(a) SELECTION
IN DEPRESSED COMMUNITIES.—
When consistent with the goals of the National Aero-
nautics and Space Administration and cost-effective, the
Administrator shall select sites in depressed communities
for new programs or functions of the National Aeronautics
and Space Administration, unless those new programs or
functions are so closely related to programs or functions
carried out at an existing facility as to require being car-
ried out at that existing facility.
(b) DEFINITIONS.—For purposes of this section, the
term ‘‘depressed communities’’ means rural and urban
communities that are relatively depressed, in terms of age
of housing, extent of poverty, growth of per capita income,
extent of unemployment, job lag, or surplus labor.
SEC. 319. RECIPROCITY.
(a) GENERAL RULE.—Except as provided in sub-
section (b), no contract or subcontract may be made with
funds authorized under this Act to a company organized
under the laws of a foreign country unless the Adminis-
trator finds that such country affords comparable oppor-
tunities to companies organized under the laws of the
United States.
(b) EXCEPTION.—(1) The Administrator may waive
the rule stated under subsection (a) if the products or
services required are not reasonably available from compa-
nies organized under the laws of the United States. Any
such waiver shall be reported to the Congress.
(2) Subsection (a) shall not apply to the extent that
to do so would violate the General Agreement on Tariffs
and Trade or any other international agreement to which
the United States is a party.
SEC. 320. HELIUM PURCHASES.
The National Aeronautics and Space Administration
may purchase helium from private sector sources.
SEC. 321. DIVERSITY FACTORS IN PROCUREMENT.
(a) IN GENERAL.—The Administrator shall ensure,
to the fullest extent possible, that at least 8 percent of
the funding made available to the National Aeronautics
and Space Administration for each fiscal year is made
available for contracts with—
(1) socially and economically disadvantaged
small business concerns;
(2) business concerns or other organizations
that are at least 51 percent owned or controlled by
women;
(3) historically Black colleges and universities;
and
(4) colleges and universities having a student
body in which more than 20 percent of the students
are Hispanic Americans, and other Minority Institu-
tions.
(b) WAIVER OF COMPETITIVE PROCEDURES.—To the
extent necessary to carry out subsection (a), the Adminis-
trator may enter into contracts using less than full and
open competitive procedures, but shall pay a price not ex-
ceeding fair market cost by more than 10 percent in pay-
ment per contract to contractors or subcontractors de-
scribed in subsection (a).
(c) REGULATIONS.—The Administrator shall issue
such regulations as are necessary to carry out this section,
including—
(1) guidelines for contracting officers of the
National Aeronautics and Space Administration for
carrying out subsection (b);
(2) to the extent practicable, provision for no-
tice, before solicitation for procurements, that spe-
cific procurements have been designated for satisfy-
ing the requirement of subsection (a); and
(3) procedures for implementing this section
that do not alter the procurement process under sec-
tion 8(a) of the Small Business Act.
(d) DEFINITIONS.—For purposes of this section—
(1) the term ‘‘historically Black colleges and
universities’’ has the meaning given the term ‘‘part
B institution’’ in section 322(2) of the Higher Edu-
cation Act of 1965;
(2) the term ‘‘other Minority Institution’’ has
the meaning given the term ‘‘eligible institution’’ in
section 312(b) of the Higher Education Act of 1965;
and
(3) the term ‘‘socially and economically dis-
advantaged small business concerns’’ has the mean-
ing given such term in section 8(a)(4)(A) of the
Small Business Act.
TITLE IV—AERONAUTICS
RESEARCH AND TECHNOLOGY
SEC. 401. FINDINGS.
The Congress finds that—
(1) the aerospace industry makes a major con-
tribution to the economy of the United States, ac-
counting for the largest positive trade balance of any
United States industry (more than $28,000,000,000
in 1992), and providing over 1,000,000 high-value
jobs;
(2) the international market share of the Unit-
ed States aerospace industry has steadily eroded due
to competition from foreign consortia that receive
substantial direct subsidies from their governments;
(3) the United States aerospace industry is fur-
ther negatively impacted by reduced investment in
national defense;
(4) the continued competitiveness of the United
States aerospace industry can be significantly aided
by an enhanced Federal investment in technology
base research and development in aeronautics;
(5) maintaining state-of-the-art experimental
facilities is a key element of Federal investment in
aeronautics research and development;
(6) the long-term contribution of advances in
aeronautics to the economy and society will rely on
a continued commitment to pioneering research and
development such as the National Aero-Space Plane;
(7) the National Aero-Space Plane program
should explore the possibility of collaboration with
other nations for opportunities that would offer
unique programmatic benefits without compromising
the strategic advantage to the United States; and
(8) cost sharing for facilities use is a highly de-
sirable objective given the deficit reduction goals of
the President and the Congress.
SEC. 402. DEFINITION.
For purposes of this title, the term ‘‘independent or-
ganization’’ means an organization that does not receive
significant funding or support from the National Aero-
nautics and Space Administration, other than under sec-
tions 403, 404, and 406.
SEC. 403. INDEPENDENT PERFORMANCE REVIEW.
(a) PLAN.—The Administrator shall provide for the
development of a plan establishing criteria, procedures,
and milestones for the evaluation, by an independent orga-
nization, of advances made in fundamental aeronautics re-
search and development and the progress made by the aer-
onautics programs of the National Aeronautics and Space
Administration in achieving their goals. Such plan shall
be developed by an independent organization in consulta-
tion with the Administrator. The plan shall also describe
criteria and procedures for terminating National Aero-
nautics and Space Administration programs that are not
making acceptable progress toward their goals. The Ad-
ministrator shall submit a report describing such plan to
the Congress within 6 months after the date of the enact-
ment of this Act.
(b) ANNUAL REPORT.—Beginning in the first year
after submission of the plan under subsection (a), at the
time of the President’s annual budget request to Congress,
the Administrator shall submit to the Congress an annual
report on the results of an evaluation, conducted by an
independent organization, of the progress made by the Na-
tional Aeronautics and Space Administration in advancing
aeronautics and achieving the goals of aeronautics pro-
grams. Such evaluation shall be conducted using the cri-
teria, procedures, and milestones established under the
plan required by subsection (a).
SEC. 404. TECHNOLOGY TRANSFER REVIEW.
(a) PLAN.—The Administrator shall provide for the
development of a plan establishing criteria and procedures
for the evaluation, by an independent organization, of the
effectiveness of technology transfer from the National Aer-
onautics and Space Administration’s aeronautics pro-
grams to industry and other public organizations. Such
plan shall be developed by an independent organization in
consultation with the Administrator. The plan shall in-
clude clear, quantitative measures of the success of such
technology transfer activities. The Administrator shall
submit a report describing such plan to the Congress with-
in 6 months after the date of the enactment of this Act.
(b) ANNUAL REPORT.—Beginning in the first year
after submission of the plan under subsection (a), at the
time of the President’s annual budget request to Congress,
the Administrator shall submit to the Congress an annual
report on the results of an evaluation, conducted by an
independent organization, of the effectiveness of the Na-
tional Aeronautics and Space Administration’s technology
transfer programs. Such evaluation shall be conducted
using the criteria and procedures established under the
plan required by subsection (a).
SEC. 405. FACILITIES COST SHARING.
The Administrator, in conjunction with other ongoing
activities of the National Aeronautics and Space Adminis-
tration such as the Aerospace Facilities Plan, shall study
existing and potential cost sharing provisions between the
Federal Government and industry as they relate to the
use of wind tunnels and related test facilities to ensure
that cost sharing is employed to the fullest reasonable ex-
tent. The Administrator shall submit to the Congress the
results of such study concurrent with the completion of
the Aerospace Facilities Plan, or one year after the date
of enactment of this Act, whichever occurs first.
SEC. 406. JOINT AERONAUTICAL RESEARCH AND DEVELOP-
MENT PROGRAM.
(a) ESTABLISHMENT.—The Administrator and the
heads of other appropriate Federal agencies shall jointly
establish a program for the purpose of conducting re-
search on aeronautical technologies that enhance United
States competitiveness. Such program shall include—
(1) research on next-generation wind tunnel
and advanced wind tunnel instrumentation tech-
nology;
(2) research on advanced engine materials, en-
gine concepts, and testing of propulsion systems or
components of the high-speed civil transport re-
search program;
(3) advanced general aviation research;
(4) advanced rotorcraft research; and
(5) advanced hypersonic aeronautical research.
(b) CONTRACTS AND GRANTS.—Contracts and grants
entered into under the program established under sub-
section (a) shall be administered using procedures devel-
oped jointly by the Administrator and the heads of the
other Federal agencies involved in the program. These
procedures should include an integrated acquisition policy
for contract and grant requirements and for technical data
rights that are not an impediment to joint programs
among the National Aeronautics and Space Administra-
tion, the other Federal agencies involved in the program,
and industry.
(c) ELEMENTS OF PROGRAM.—The program estab-
lished under subsection (a) shall include—
(1) selected programs that jointly enhance pub-
lic and private aeronautical technology development;
(2) an opportunity for private contractors to be
involved in such technology research and develop-
ment; and
(3) the transfer of Government-developed tech-
nologies to the private sector to promote economic
strength and competitiveness.