[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4489 Engrossed in House (EH)]

103d CONGRESS
  2d Session
                                H. R. 4489

_______________________________________________________________________

                                 AN ACT


 
   To authorize appropriations to the National Aeronautics and Space 
   Administration for human space flight, science, aeronautics, and 
   technology, mission support, and Inspector General, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives 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 Administration will 
        require a stable budget, adjusted for inflation, in order to 
        carry out the initiatives now planned in human space flight and 
        science, aeronautics, 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 engineering programs that have 
        the potential to stabilize the scientific and industrial base 
        of the former Soviet Union and encourage the transition toward 
        political reform and a market-based economy;
            (3) the National Aeronautics and Space Administration 
        should aggressively pursue actions and reforms directed at 
        reducing institutional costs, including 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 transportation policy, 
        the National Aeronautics and Space Administration should take 
        the lead role in developing advanced space transportation 
        technologies including 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 Administrator 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 Technology, 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 Administration for fiscal year 1995 or the date 
of enactment of this Act, the Administrator shall submit to the 
Committee on Science, Space, and Technology of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate an operating plan that provides a detailed 
plan for obligating fiscal year 1995 funds.
    (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 Environment.--Beginning in 
fiscal year 1996, amounts appropriated for the Global Observations to 
Benefit the Environment, 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-Federal 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 Initiative--
            (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 exploration of Mars. Such joint scientific activities 
        may include other spacefaring nations, as appropriate.
            (2) Mars transition plan.--The Administrator 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 fiscal 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 pursuant to subtitle A for 
purposes other than--
            (1) construction of facilities;
            (2) research and program management, excluding research 
        operations support; and
            (3) Inspector General,
may be used for the construction of new facilities and additions to, 
repair of, rehabilitation of, or modification of existing facilities at 
any location in support of the purposes for which such funds are 
authorized.
    (b) Limitation.--None of the funds used pursuant to subsection (a) 
may be expended for a project, the estimated cost of which to the 
National Aeronautics and Space Administration, including collateral 
equipment, exceeds $500,000, until 30 days have passed after the 
Administrator 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 pursuant 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 adequate to justify the making of that grant.

SEC. 112. AVAILABILITY OF APPROPRIATED AMOUNTS.

    To the extent provided in appropriations Acts, appropriations 
authorized under subtitle A may remain available without fiscal year 
limitation.

SEC. 113. REPROGRAMMING FOR CONSTRUCTION OF FACILITIES.

    (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 determines 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 
action until the enactment of the next National Aeronautics and Space 
Administration Authorization Act would be inconsistent 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 purposes. No such funds may be obligated until a period of 
30 days has passed after the Administrator has transmitted to the 
Committee on Commerce, Science, and Transportation of the Senate and 
the Committee on Science, Space, and Technology of the House of 
Representatives a written report describing the nature of the 
construction, its costs, and the reasons therefor.

SEC. 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 
        request 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 Commerce, 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 Administration 
shall keep the Committee on Science, Space, and Technology of the House 
of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate fully and currently informed with respect 
to all activities 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 committee 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 Mission 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 
appropriated for fiscal year 1995 and available for such payments.

SEC. 117. LIMITATION ON TRANSFERS TO RUSSIA.

    (a) Limitation.--No funds authorized to be appropriated to the 
National Aeronautics and Space Administration for fiscal year 1995 may 
be paid or otherwise transferred to Russia unless--
            (1) the payment or transfer is made in exchange for goods 
        or services that have been provided to the National Aeronautics 
        and Space Administration 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 currency, 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 pursuant to paragraph (2); and
            (4) the President, before such payment or transfer and 
        annually upon submission of the President's budget request for 
        fiscal years after fiscal year 1995, has certified to the 
        Congress that--
                    (A) the presence of any troops of the Russian 
                Federation or the Commonwealth of Independent States; 
                and
                    (B) any action by the Russian Federation or the 
                Commonwealth of Independent States,
        in Estonia, Latvia, Lithuania, or any other independent state 
        of the former Soviet Union do not violate 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 Federation or the Russian Space Agency.

SEC. 118. SPACE STATION SPENDING CAP.

    The total amount of spending by the National Aeronautics Space 
Administration for the space station shall not exceed $2,120,900,000 
for fiscal year 1995. The limitation 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 Information Network 
may not obligate more than $27,000,000 for the construction of a new 
building. Such funds may not be obligated until 90 days after the 
completion of a building prospectus by the General Services 
Administration.

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 section 70104 
                to read as follows:

``70104. Restrictions on launches, operations, and reentries.'';
                    (B) by amending the item relating to section 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 section 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 designed 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:
``Sec. 70104. Restrictions on launches, operations, and reentries'';
                    (B) by inserting ``, or reenter a reentry 
                vehicle,'' 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 heading 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 inserting 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:
``Sec. 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 
                        reentry 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:
``Sec. 70109. Preemption of scheduled launches or reentries'';
                    (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 commitment'';
                            (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 reentry'' 
                after ``prompt launching'';
            (8) in section 70110--
                    (A) by inserting ``or reentry'' after ``prevent 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 subsection (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 vehicle'' 
                after ``operate a launch site'' in subsection (a);
                    (B) by inserting ``or reentry'' after ``approval 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 
                        paragraph (1); and
                            (ii) by inserting ``reentry,'' after 
                        ``launch,'' in paragraph (2);
            (13) in section 70119, by inserting the following 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:
``Sec. 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 Commercial 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 subsection 
        (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 accepting an 
        application for a license under this chapter.''.
    (2) The amendment made by paragraph (1)(A) shall take effect upon 
the effective date of final regulations issued pursuant to section 
70105(b)(2)(D) of title 49, United States Code, as added by paragraph 
(1)(D) of this subsection.

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 subsection (b), the 
Administrator shall ensure that procurements 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 Representative determines that a procurement described in 
subsection (b) would be in violation of the General Agreement 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 expending 
        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 Aeronautics 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 
submission 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 advice 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. 109. GLOBAL CHANGE DATA AND INFORMATION SYSTEM.

    ``(a) The National Aeronautics and Space Administration, in 
coordination with other agencies that belong to the Committee 
established under section 102, shall establish the requirements and 
architecture for, design, and develop a Global Change Data and 
Information System that shall serve as the system to process, archive, 
and distribute data generated by the Global Change Research Program.
    ``(b) The National Aeronautics and Space Administration shall 
design the Global Change Data and Information System--
            ``(1) so that other Federal agencies may connect data 
        centers operated by such agencies to such System; and
            ``(2) so as to minimize, to the extent practicable, the 
        cost of connecting such data centers.
    ``(c) Each agency involved in the Global Change Research Program 
shall retain the responsibility to establish and operate Global Change 
Data and Information System data centers to process, archive, and 
distribute data generated by such agency's programs. Agencies may agree 
to assume the responsibility for processing, archiving, or distributing 
data generated by other agencies.''.

SEC. 206. ACCESS TO CLASSIFIED DATA FOR GLOBAL CHANGE RESEARCH.

    The Committee on Environment and Natural Resources 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 centers 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 subsection:
    ``(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 performance of experimental, developmental, or 
research activities 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 effect 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 described 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 competitiveness 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 requirement 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 research 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 maintaining 
leadership or competitiveness in civil and governmental aeronautical 
and space activities by the United States industrial base. Such list 
shall be updated biannually.
    ``(5) For purposes of this subsection, the term `technical data' 
means any recorded information, including computer software, that is or 
may be directly applicable to the design, engineering, development, 
production, manufacture, or operation of products or processes that may 
have significant value in maintaining leadership or competitiveness 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 SYSTEMS.

    The National Aeronautics and Space Administration shall conduct a 
comprehensive study of the differences between existing United States 
and foreign expendable space launch vehicles. This study shall 
determine specific differences in the design, manufacture, processing, 
and overall 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 Defense and, as appropriate, other Federal agencies, 
United States industries, and institutions of higher education. The 
results of this study shall be submitted to the Congress 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 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 Administration 
        should act to broaden the foundation of its research base by 
        increasing the direct involvement of research laboratories of 
        institutions of higher education in the development of 
        technology for space science;
            (3) the National Aeronautics and Space Administration 
        should commit to strengthening research programs in technology 
        of institutions of higher education beyond contracting with 
        institutions of higher education for services in support of 
        specific programs; and
            (4) the National Aeronautics and Space Administration 
        should develop mechanisms to foster innovative 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 Aeronautics and Space Administration's 
        research and development needs, by stimulating technology 
        transfer between institutions of higher education and industry, 
        and by encouraging participation by minority and disadvantaged 
        persons in technological innovation;
            (2) is modeled on the Small Business Innovation Research 
        Program;
            (3) avoids duplication of existing National Aeronautics 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 Advisory 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 Aeronautics 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 carried 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 subsection (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 Administrator finds that such country affords comparable 
opportunities 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 affords comparable opportunities 
        to companies 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. 213. STUDY ON TDRSS AND COMMERCIAL SATELLITE SYSTEM CONVERGENCE.

    (a) Requirement.--The Administrator shall conduct a study on the 
convergence of the National Aeronautics and Space Administration 
Tracking and Data Relay Satellite System (TDRSS) with commercial 
communications 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 requirements;
            (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 Aeronautics and 
        Space Administration's requirements in time to obviate the need 
        to procure TDRSS spacecraft beyond the tenth flight; and
            (6) encourage the growth of the commercial satellite 
        communications market.
    (b) Consultation.--In conducting the study, the Administrator shall 
consult with commercial satellite operators, including the 
International Telecommunications Satellite Organization, other 
international satellite operators, 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 
Committee 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 conduct a study on the 
convergence of the National Aeronautics and Space Administration Earth 
Observing System (EOS) Altimetry mission with the Navy Geosat Follow-On 
program. The study shall assess whether a converged 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 scientific 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 Committee 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 Technology 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 payload 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 potential 
        management consolidation initiatives could reduce the annual 
        cost of the Space Shuttle program while preserving quality and 
        safety; and
            (4) evaluates the extent to which various potential 
        contract incentives could be used to reduce the annual cost of 
        the Space Shuttle program while preserving 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 purposes 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 development 
        philosophy that will be used to implement the program;
            (3) outlines key milestones toward the achievement 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 Center.

SEC. 218. PROCUREMENT.

    (a) Procurement Demonstration Program.--
            (1) In general.--The Administrator shall establish within 
        the Office of Advanced Concepts and Technology a program of 
        expedited technology procurement for the purpose of 
        demonstrating how innovative technology concepts can rapidly be 
        brought to bear upon space missions of the National Aeronautics 
        and Space Administration.
            (2) Procedures and evaluation.--The Administrator shall 
        establish procedures for actively seeking from nongovernment 
        persons innovative technology concepts relating to the 
        provision of space hardware, technology, or services to the 
        National Aeronautics and Space Administration, 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 
        subsection 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 coordinate 
        National Aeronautics and Space Administration resources in the 
        areas of procurement, commercial 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 integrating 
                advanced technology from the commercial sector into the 
                missions and programs of the National Aeronautics and 
                Space Administration;
                    (C) incorporate private sector buying and bidding 
                procedures, including fixed price contracts, into 
                procurements; and
                    (D) provide incentives for cost-plus contractors of 
                the National Aeronautics and Space Administration to 
                integrate commercially available technology in 
                subsystem contracts on a fixed-price basis.
            (2) Certification.--Upon solicitation of any procurement 
        for space hardware, technology, or services that are not 
        commercially available, the Administrator 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 Administrator has certified to the Congress that 
the Administrator has reviewed existing National Aeronautics and Space 
Administration 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. Examples of such data include scientific 
data concerning the elemental and mineralogical resources of the moon 
and the planets, Earth environmental data obtained through remote 
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 Administration specifications systems with 
respect to the design, construction, 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 provider 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 RESOURCE 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 information 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 agricultural 
        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 substitute crop; and
            (6) the National Aeronautics and Space Administration, 
        using the expertise of the Earth Observations Commercialization 
        Applications Program, and the Department of Agriculture should 
        work in tandem 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 Aeronautics and Space Administration, 
maximizing private funding and involvement, shall provide farmers and 
other interested persons with timely information, through remote 
sensing, on crop conditions, fertilization and irrigation 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 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 Secretary 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 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 
Forestry 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 Administration 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 expire 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 Federal agencies all 
National Aeronautics and Space Administration education activities to 
encourage the participation of women, minorities who are 
underrepresented in science, engineering, and mathematics, and persons 
with disabilities.

SEC. 224. SPACE EXPLORATION OPPORTUNITIES ASSESSMENT.

    (a) National Academy of Sciences Contract.--The Administrator 
shall, to the extent provided in advance in appropriations Acts, enter 
into a contract with the National Academy of Sciences for the conduct 
of the assessment described in subsection (b).
    (b) Space Exploration Opportunities Assessment.--The contract 
entered into under subsection (a) shall provide for an assessment of 
methods for maximizing, based on a variety of prospective funding 
levels, the quantity and quality of opportunities for space 
exploration, both human and robotic, using space vehicles and platforms 
available or expected to be available. Such assessment shall focus on 
the 5-year period after the date of enactment of this Act, and on each 
of the two subsequent 5-year periods. Such assessment shall address 
opportunities in connection with civilian and military domestic, 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 coordination 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 diameter 
and are in an orbit around the sun that crosses the orbit of the Earth.
    (b) Program Plan.--By February 1, 1995, the Administrator 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 important 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 ``Department of 
        Commerce'';
            (4) in section 101(b)(1), by striking ``, with the addition 
        of a tracking and data relay satellite communications 
        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 agencies constituting the Landsat Program 
        Management;'';
            (6) in section 101(b), by inserting after paragraph (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 inserting in lieu 
        thereof ``section 507'';
            (8) in section 102(b)(1), by striking ``by the expected end 
        of the design life of Landsat 6'' and inserting 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 negotiations 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 
extension, 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 determines that the 
                license requested by the applicant 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 obtain 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 inserting in 
        lieu thereof ``shall'';
            (15) by inserting at the end of title II the following new 
        section:

``SEC. 206. NOTIFICATION.

    ``(a) Limitations on Licensee.--Within 30 days after any 
determination by the Secretary to require a licensee 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 Suspension.--Within 30 days 
after any action by the Secretary to seek an order of injunction or 
other judicial determination pursuant to section 203(a)(2), the 
Secretary shall notify 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 Defense.--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, consistent with this 
Act, that the Secretary of Defense determines are needed to protect the 
national security of the United States. If no such recommendations 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 the protection of the national 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 obligations of the United States. Within 30 
days after receiving 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 recommendations 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 international 
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 United States 
        aeronautics industry has steadily eroded due to competition 
        from foreign consortia that receive substantial direct 
        subsidies from their governments;
            (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 interest, such as aeronautics, 
        but United States aeronautics has not been addressed in United 
        States foreign 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 Administration can accurately 
        measure the contribution of its research toward achieving 
        United States competitiveness 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 utilized by United States industry 
        in their research and development programs.

SEC. 402. AERONAUTICS POLICY OF THE NATIONAL AERONAUTICS 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 fundamental goal of the 
        aeronautical research and development 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 industry;
            (3) the establishment of industry-led, precompetitive 
        consortia shall be encouraged to better prioritize and 
        coordinate the industry requirements 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 Administration Authorization Act, Fiscal 
Year 1989 is amended by striking ``(c)'' both places it appears and 
inserting 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 paragraph (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 coordination 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 transportation 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 aeronautical basic 
research investment plan which--
            (1) describes the aeronautical basic research underway 
        within the United States, including a review of the status of 
        United States basic research in critical aeronautics 
        disciplines including--
                    (A) aerodynamics;
                    (B) propulsion;
                    (C) materials and structures;
                    (D) controls, guidance, and human factors; and
                    (E) flight systems;
            (2) establishes goals and objectives for United States 
        aeronautical basic research to advance the critical disciplines 
        required by United States industry for such research;
            (3) identifies the priorities for aeronautical basic 
        research required by industry to advance United States long-
        term competitiveness;
            (4) describes the anticipated impact of aeronautical basic 
        research on United States long-term competitiveness;
            (5) encourages the transfer of Government-developed 
        technologies to the private sector to promote economic strength 
        and competitiveness; and
            (6) identifies opportunities for aeronautical basic 
        research to be performed by minority-owned and women-owned 
        businesses within the aeronautical basic research industry.
The Administrator shall annually update the plan, including a report on 
progress in achieving the goals and objectives identified pursuant to 
paragraph (2).
    (b) Independent Evaluation.--The Administrator shall submit the 
plan developed under subsection (a), and all subsequent annual updates 
thereto, along with appropriate programmatic technical, schedule, and 
financial information, to the National Research Council of the National 
Academy of Sciences for an independent evaluation of such plan.
    (c) Transmittal to Congress.--The Administrator 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 INVESTMENT.

    The Administrator, in carrying out aeronautical research and 
technology procurement, shall--
            (1) promote the advancement of state-of-the-art research 
        and technologies;
            (2) assess and procure, where appropriate, commercially 
        available technologies;
            (3) where appropriate, use performance specifications in 
        procuring technologies; and
            (4) reduce the paperwork requirements associated with 
        procurement.

SEC. 406. AERONAUTICAL TEST FACILITIES INITIATIVE.

    (a) Strategy.--The President shall establish a strategy to 
coordinate with domestic aeronautical companies 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 companies and the Federal 
        Government over the next 30 years;
            (2) assess the impact to United States competitiveness over 
        the next 30 years resulting from the use of a combination of 
        domestic and foreign aeronautical 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 established 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 
enactment of this Act.

SEC. 407. JOINT AERONAUTICAL RESEARCH AND DEVELOPMENT PROGRAM.

    (a) Establishment.--The Administrator and the heads of other 
appropriate Federal agencies shall jointly establish a program for the 
purpose of conducting research on aeronautical technologies that 
enhance United States competitiveness. Such program shall include--
            (1) research on next-generation wind tunnel and advanced 
        wind tunnel instrumentation technology;
            (2) research on advanced engine materials, engine concepts, 
        and testing of propulsion systems or components of the high-
        speed civil transport research 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 subsection (a) shall be administered 
using procedures developed 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 
Administration, the other Federal agencies involved in the program, and 
industry.
    (c) Elements of Program.--The program established under subsection 
(a) shall include--
            (1) selected programs that jointly enhance public and 
        private aeronautical technology development;
            (2) an opportunity for private contractors to be involved 
        in such technology research and development; and
            (3) the transfer of Government-developed technologies 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 integrating with the rocket-based hypersonic flight test experiments 
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 
Administrator shall report the results of the study to Congress no 
later than 6 months after the date of enactment of this Act.

            Passed the House of Representatives August 8, 1994.

            Attest:






                                                                 Clerk.
103d CONGRESS

  2d Session

                               H. R. 4489

_______________________________________________________________________

                                 AN ACT

   To authorize appropriations to the National Aeronautics and Space 
   Administration for human space flight, science, aeronautics, and 
   technology, mission support, and Inspector General, and for other 
                               purposes.