[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1881 Engrossed in Senate (ES)]

103d CONGRESS

  2d Session

                                S. 1881

_______________________________________________________________________

                                 AN ACT

     To establish and implement a technology investment policy for 
aeronautical and space activities of the National Aeronautics and Space 
                Administration, and for other purposes.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
103d CONGRESS
  2d Session
                                S. 1881

_______________________________________________________________________

                                 AN ACT


 
     To establish and implement a technology investment policy for 
aeronautical and space activities of the National Aeronautics and Space 
                Administration, 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 Technology Investment Act of 1994''.

SEC. 2. FINDINGS.

    The Congress finds and declares the following:
            (1) Federal investment in research and technology 
        development can enhance the competitiveness of United States 
        industry in global markets.
            (2) Industry and government partnerships in the development 
        of technologies increase the effectiveness of Federal 
        investment in the United States economy.
            (3) Ongoing defense reductions impact the aerospace 
        industrial base and require greater effort by the National 
        Aeronautics and Space Administration to ensure technological 
        advancements in support of its missions as well as in support 
        of competitiveness.
            (4) Increased contribution to the health of the United 
        States economy by the National Aeronautics and Space 
        Administration is important to the long-term support of 
        civilian aeronautics and space activities.
            (5) Investments in research and development at the National 
        Aeronautics and Space Administration can be made to enhance the 
        competitiveness of United States industry, as well as to 
        promote development of technologies for government and 
        commercial aeronautics and space missions.
            (6) The National Aeronautics and Space Administration 
        directs a large portion of its budget toward the procurement of 
        goods and services for its aeronautical and space missions and 
        can use such procurement to advance technology development in 
        industry and academia.

SEC. 3. TECHNOLOGY INVESTMENT POLICY.

    It is the policy of the United States that--
            (1) improving the competitive capabilities of United States 
        industry in conjunction with implementing aeronautics and space 
        missions shall be a fundamental goal of the National 
        Aeronautics and Space Administration;
            (2) the Administrator of the National Aeronautics and Space 
        Administration (hereinafter referred to as the 
        ``Administrator''), in planning for and implementing national 
        programs in aeronautics and space, shall advocate technology 
        development designed to foster competitiveness of United States 
        industry in global markets;
            (3) the investment in technology by the National 
        Aeronautics and Space Administration shall be coordinated 
        closely with investment of other Federal agencies, the States, 
        and local governments;
            (4) technology investments shall be identified in concert 
        with United States industry; and
            (5) the establishment of industry-led consortia, alliances, 
        or other entities shall be encouraged to enhance opportunities 
        for United States industry to develop and advance technologies.

   TITLE I--ROLE OF NATIONAL AERONAUTICS AND SPACE ADMINISTRATION IN 
                         TECHNOLOGY INVESTMENT

SEC. 101. AMENDMENTS TO NATIONAL AERONAUTICS AND SPACE ACT OF 1958.

    Section 102 of the National Aeronautics and Space Act of 1958 (42 
U.S.C. 2451) is amended--
            (1) by striking subsection (e) and inserting the following:
    ``(e) The aeronautical and space activities of the United States 
shall be conducted so as to contribute materially to the economic 
growth, competitiveness, and productivity of the Nation.'';
            (2) by striking subsection (f) and by redesignating 
        subsections (g) and (h) as subsections (f) and (g), 
        respectively; and
            (3) in subsection (g), as so redesignated, by striking 
        ``(f), and (g)'' and inserting ``and (f)''.

SEC. 102. TECHNOLOGY DEVELOPMENT AND COMMERCIALIZATION GOALS.

    The Administrator shall require that, to the maximum extent 
practicable, aeronautical and space projects of the National 
Aeronautics and Space Administration--
            (1) incorporate a technology plan that fosters 
        technological advances of value to both the mission and the 
        economy and reduces the life cycle costs of such projects;
            (2) promote commercial technology applications;
            (3) measure and evaluate technology development and the 
        potential for commercialization; and
            (4) seek the involvement of United States industry.

SEC. 103. INDUSTRY TECHNOLOGY PROGRAM.

    (a) Purpose; Criteria.--The Administrator shall establish a 
competitive program under which the Administrator may fund research and 
development projects proposed by industry-led consortia, alliances, or 
other entities, for the purpose of developing new technologies. In 
selecting projects to be funded under this section, the Administrator 
shall weigh and consider--
            (1) each project's scientific and technical merit;
            (2) the potential of the project to advance mission needs 
        of the National Aeronautics and Space Administration;
            (3) each project's potential to advance technologies that 
        enhance the competitiveness of United States industry in global 
        markets; and
            (4) such other criteria as the Administrator considers 
        appropriate to carry out the purposes of this section.
    (b) Cost-sharing.--The Administrator shall ensure that the amount 
of the funds provided by the Federal Government under this section for 
a project does not exceed the total amount provided by non-Federal 
participants for that project.
    (c) Financing Mechanisms.--In funding the technology projects 
selected under this section, the Administrator is encouraged--
            (1) to make greater use of the authority of the National 
        Aeronautics and Space Administration under section 203(c)(5) of 
        the National Aeronautics and Space Act of 1958 (42 U.S.C. 
        2473(c)(5)) especially when applied to non-aerospace firms; and
            (2) to enter into innovative procurement, financing, and 
        management arrangements, consistent with existing statutes.
    (d) Coordination With Federal Agencies.--In carrying out this 
section, the Administrator shall consult with the Secretaries of 
Commerce, Defense, Energy, and Transportation and with such other 
Federal agency heads as the Administrator considers appropriate.
    (e) Authorization.--There are authorized to be appropriated to the 
Administrator such sums as may be necessary to carry out the provisions 
of this section. Sums appropriated under this section shall remain 
available until expended.

SEC. 104. CONDITIONS ON TECHNOLOGY INVESTMENT; ECONOMIC BENEFIT.

    In funding technology programs and activities under this title, the 
Administrator shall ensure that the principal economic benefits accrue 
to the economy of the United States. The Administrator may consider 
such specific criteria as appropriate, and in developing such criteria, 
shall consult with appropriate Federal agency heads.

SEC. 105. ROLE OF PROCUREMENT IN TECHNOLOGY INVESTMENT.

    The Administrator, in meeting aeronautical and space mission needs, 
shall coordinate and direct resources of the National Aeronautics and 
Space Administration in the area of procurement to--
            (1) advance state-of-the-art technologies;
            (2) assess and procure, where appropriate, commercially 
        available technologies from the marketplace;
            (3) use performance incentives; and
            (4) reduce the paperwork requirements associated with 
        procurement.

SEC. 106. COORDINATION WITH OTHER FEDERAL PROGRAMS.

    (a) Technology Programs and Technology Transfer Programs.--To 
ensure a consistent Federal investment policy and to preclude multiple 
awards for a single proposal, the Administrator shall ensure that the 
technology investment activities established under this title are 
coordinated closely with existing and future--
            (1) Federal technology programs such as the Technology 
        Reinvestment Program of the Advanced Research Projects Agency 
        and the Advanced Technology Program of the National Institute 
        of Standards and Technology; and
            (2) Federal technology transfer programs and activities 
        established to promote and advocate the use of technologies 
        developed in the Federal laboratories.
    (b) Identification of Funding Received From Other Agencies.--The 
Administrator shall identify, as part of the annual budget submission 
to Congress, all funding received by the National Aeronautics and Space 
Administration from other Federal agencies for technology investment 
and development, including funds from programs listed in (a)(1) above.

SEC. 107. INTERAGENCY TECHNOLOGY INITIATIVES.

    As part of the National Aeronautics and Space Administration's 
annual budget submission to Congress, the Administrator shall identify 
funding requirements, project milestones, and 5-year budget 
projections, for the portion undertaken by the National Aeronautics and 
Space Administration of each interagency technology project.

SEC. 108. COORDINATION WITH OTHER NASA PROGRAMS.

    (a) Small Business Innovation Research.--The Administrator shall 
coordinate the technology investment activities under this title with 
the Small Business Innovation Research activities of the National 
Aeronautics and Space Administration to ensure the effectiveness of 
funding to small businesses, to the maximum extent permitted by law.
    (b) Independent Research and Development Funds.--The Administrator 
shall identify all funds provided to contractors of the National 
Aeronautics and Space Administration for activities commonly referred 
to as ``Independent Research and Development'' and coordinate such 
funds with the technology investment activities under this title.
    (c) Technology Transfer and Commercial Programs.--The Administrator 
shall coordinate the activities of ongoing and future technology 
transfer, innovation, and commercial programs of the National 
Aeronautics and Space Administration with the technology investment 
activities under this title.

SEC. 109. PERSONNEL INCENTIVES.

    To encourage the personnel of the National Aeronautics and Space 
Administration to pursue technology innovation and development, the 
Administrator shall provide personnel incentives, including--
            (1) promotions and within-grade increases;
            (2) bonuses and cash awards under the inventions and 
        contributions system and senior executive service; and
            (3) paid leave, sabbaticals, or intergovernmental personnel 
        transfers to other Federal agencies or the private sector to 
        pursue technology innovation and development, as the 
        Administrator deems appropriate.

SEC. 110. ANNUAL REPORT TO CONGRESS.

    The Administrator shall assess the technology investment activities 
established under this title and shall submit a report to Congress on 
the results of such assessment of activities. The report shall 
accompany the annual budget submission to Congress.

SEC. 111. APPLICATION OF ANTITRUST LAWS.

    Nothing in this title shall be construed to create an immunity from 
any civil or criminal action under any Federal or State antitrust law, 
or to alter or restrict in any manner the applicability of any Federal 
or State antitrust law.

SEC. 112. DEFINITIONS.

    For the purposes of this title, the term--
            (1) ``Federal laboratory'' has the meaning given such term 
        in section 4(6) of the Stevenson-Wydler Technology Innovation 
        Act of 1980 (15 U.S.C. 3703(6)).
            (2) ``United States'' means the several States, the 
        District of Columbia, Puerto Rico, the Virgin Islands, Guam, 
        American Samoa, the Northern Mariana Islands, and any other 
        territory or possession of the United States.

               TITLE II--NATIONAL AERONAUTICS FACILITIES

SEC. 201. FINDINGS.

    The Congress finds and declares the following:
            (1) Aerospace technologies contribute substantially to the 
        balance of trade and the competitiveness of United States 
        industry.
            (2) The international market share of the United States 
        aerospace industry has eroded steadily due to competition from 
        foreign consortia that receive substantial direct subsidies 
        from their governments.
            (3) The United States aerospace industry continues to be 
        impacted negatively by the reduced investment in national 
        defense.
            (4) The national civil and military aeronautics facilities 
        of the United States are aging and, with few exceptions, cannot 
        be modified to simulate adequately the flight conditions that 
        will be required for highly productive aircraft design and 
        development.
            (5) Inadequate domestic facilities force the United States 
        aerospace industry to use the aeronautics facilities of foreign 
        countries, increasing the likelihood that technologies will be 
        transferred to competing foreign industries.

SEC. 202. POLICY.

    It is the policy of the United States that--
            (1) Federal investment in domestic aerospace technologies 
        shall be a priority of the United States to safeguard the 
        international market share of the United States aerospace 
        industry;
            (2) maintaining world class aeronautics facilities in the 
        United States shall be a major element of Federal investment in 
        aerospace research and development;
            (3) the National Aeronautics and Space Administration shall 
        work closely with industry to identify and address aeronautics 
        technology and facility issues; and
            (4) 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. 203. WORLDWIDE FACILITIES ASSESSMENT.

    The President shall conduct an assessment of all aeronautics 
facilities in the United States and in other countries and report to 
Congress the results of this assessment at the time the fiscal year 
1996 budget is submitted. The assessment shall include--
            (1) identification of all existing and planned aeronautics 
        research and development facilities in the United States and in 
        other countries;
            (2) analysis of the capabilities of each aeronautics 
        facility that impact aeronautical research and technology 
        objectives of the United States Government and domestic 
        industries; and
            (3) determination of the current use and plans for use of 
        foreign aeronautics facilities for research and technology 
        activities of the United States Government and domestic 
        industries.

SEC. 204. AERONAUTICS FACILITIES STRATEGY.

    (a) Strategy.--The President or his designees shall work closely 
with domestic industries to coordinate, develop, and implement a 
strategy for Federal investment in aeronautics research and technology 
and aeronautics facilities. This strategy shall establish--
            (1) priorities for Federal investment in aeronautics 
        facilities;
            (2) a facilities implementation schedule to meet research 
        and technology project milestones and aerospace industry market 
        requirements;
            (3) the projected cost of constructing and operating new 
        facilities; and
            (4) options and recommendations to provide funding 
        (including cost-sharing and risk-sharing with industries and 
        among Federal agencies and innovative procurement, financing, 
        or management arrangements) for the construction of new 
        aeronautics facilities and for the operation of new aeronautics 
        facilities.
    (b) Deadline.--The strategy required by subsection (a), and budget 
requirements associated with implementing such strategy, shall 
accompany the fiscal year 1996 budget submission to Congress.

             TITLE III--COMMERCIAL SPACE LAUNCH AMENDMENTS

SEC. 301. COMMERCIAL REENTRY VEHICLES.

    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:

``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 ``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 ``, 
                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 site, 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 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 reentry 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 be appropriated to the Secretary of 
Transportation such amounts as may be necessary 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.''.

SEC. 302. LICENSE APPLICATIONS.

    (a) In General.--Section 70105 of title 49, United States Code, is 
amended--
            (1) in subsection (a), by striking ``receiving an 
        application'' both places it appears and inserting ``accepting 
        an application in accordance with subsection (b)(2)(D)'';
            (2) by striking ``and'' at the end of subsection (b)(2)(B);
            (3) by striking the period at the end of subsection 
        (b)(2)(C) and inserting ``; and''; and
            (4) by adding at the end of subsection (b)(2)(C) the 
        following new subparagraph:
            ``(D) regulations establishing criteria for accepting an 
        application for a license under this chapter.''.
    (b) Effective Date.--The amendment made by subsection (a)(1) 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 subsection (a)(4).

SEC. 303. PROHIBITION ON SPACE ADVERTISING.

    (a) Definition.--Section 70102 of title 49, United States Code, is 
amended by inserting after paragraph (14), as redesignated by section 
301(2)(B) of this title, the following new paragraph:
            ``(15) `space advertising' means advertising in outer space 
        that is capable of being seen by a human being on the surface 
        of the Earth without the aid of a telescope or other 
        technological device.''.
    (b) Prohibition.--Chapter 701 of title 49, United States Code, is 
amended by inserting after section 70109 the following new section:
``Sec. 70109a. Prohibition on space advertising
    ``(a) Prohibition.--Notwithstanding the provisions of this chapter 
or any other provision of law--
            ``(1) the Secretary shall not--
                    ``(A) issue or transfer a license under this 
                chapter; or
                    ``(B) waive the license requirements of this 
                chapter;
        for the launch of a payload containing any material to be used 
        for the purposes of space advertising; and
            ``(2) no holder of a license under this chapter, on or 
        after the date of enactment of the National Aeronautics and 
        Space Administration Technology Investment Act of 1994, shall 
        launch a payload containing any material to be used for 
        purposes of space advertising.
    ``(b) Civil Penalties.--Any person who violates the provisions of 
subsection (a)(2) shall--
            ``(1) be subject to a civil penalty, not to exceed 
        $30,000,000 which shall be assessed by the Secretary; and
            ``(2) not be issued a license under this chapter for a 
        period of 2 years from the date of such violation, or, in the 
        case of multiple violations, from the date of the most recent 
        violation.''.
    (c) Negotiation With Foreign Space Launching Nations.--
            (1) The President is requested to negotiate with foreign 
        launching nations for the purpose of reaching an agreement or 
        agreements that prohibit the use of outer space for advertising 
        purposes.
            (2) It is the sense of Congress that the President should 
        take such action as is appropriate and feasible to enforce the 
        terms of any agreement to prohibit the use of outer space for 
        advertising purposes.
            (3) As used in this subsection, the term ``foreign 
        launching nation'' means a nation--
                    (A) which launches, or procures the launching of, a 
                payload into outer space; or
                    (B) from whose territory or facility a payload is 
                launched into outer space.
    (d) Clerical Amendment.--The table of sections for chapter 701 of 
title 49, United States Code, is amended by inserting the following 
after the item relating to section 70109:

``70109a. Prohibition on space advertising''.

            Passed the Senate October 6 (legislative day, September 
      12), 1994.

            Attest:






                                                             Secretary.

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