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

103d CONGRESS
  2d Session
                                S. 1881

     To establish and implement a technology investment policy for 
aeronautical and space activities of the National Aeronautics and Space 
                Administration, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

              March 1 (legislative day, February 22), 1994

 Mr. Rockefeller (for himself and Mr. Burns) introduced the following 
 bill; which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
     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 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 in lieu 
        thereof 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 in lieu thereof ``and (f)''.

SEC. 102. TECHNOLOGY DEVELOPMENT AND COMMERCIALIZATION GOALS.

    The Administrator shall ensure that, to the maximum extent 
practicable, funded and planned 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; and
            (3) measure and evaluate technology development and the 
        potential for commercialization.

SEC. 103. TECHNOLOGY INVESTMENT PROGRAM WITH INDUSTRY.

    (a) Competition; Eligibility.--The Administrator shall establish a 
competitive program under which the Administrator invests in any 
project proposed by an eligibile firm where the Administrator 
determines that--
            (1) the project will--
                    (A) advance the competitiveness of United States 
                industry;
                    (B) advance the technologies required for 
                aeronautical and space missions; and
                    (C) encourage industry-led consortia to develop 
                those of the technologies described in subparagraph (B) 
                that have been identified as a priority by industry in 
                concert with the Administrator; and
            (2) the participation by the eligible firm would be in the 
        economic interest of the United States as evidenced by the 
        conduct of a significant level of its research, development, 
        engineering, or manufacturing activities in the United States.
    (b) Criteria.--In selecting projects for Federal investment under 
this section, the Administrator shall weigh and consider--
            (1) the extent of funding provided by industry for such 
        project;
            (2) each project's potential to advance technologies that 
        enhance the competitiveness of United States industry in global 
        markets;
            (3) such project's scientific and technical merit;
            (4) the potential of the project to advance mission needs 
        of the National Aeronautics and Space Administration; and
            (5) such other criteria as the Administrator considers 
        appropriate to carry out the purposes of the this section.
    (c) 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. Of the amount provided by non-Federal 
participants, the Administrator shall ensure that not less than 25 
percent of total funding for any project for which Federal investment 
is made available under this section is provided by industry.
    (d) Financing Mechanisms.--In funding the projects selected under 
this section, the Administrator is encouraged to--
            (1) use 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) enter into innovative procurement, financing, and 
        management arrangements, consistent with existing statutes.
    (e) Regulations.--The Administrator shall issue regulations to 
implement the technology investment program established under this 
section. The regulations shall include--
            (1) procedures for making application to the Administrator 
        for investment under this section;
            (2) guidelines for cost-sharing pursuant to subsection (c); 
        and
            (3) procedures to be followed by the Administrator in 
        selecting projects for investment under this section.
    (f) 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.
    (g) Authorization.--There is authorized to be appropriated to the 
Administrator $20,000,000 for each of the fiscal years 1994 and 1995, 
for the purpose of carrying out the program established under this 
section. Sums appropriated under this section shall remain available 
until expended.

SEC. 104. 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 specifications; and
            (4) reduce the paperwork requirements associated with 
        procurement.

SEC. 105. 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 to manage and carry out 
technology investment and development.

SEC. 106. 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 projects.

SEC. 107. 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 increase 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 reimbursed 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. 108. 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 innovations and development, as the 
        Administrator deems appropriate.

SEC. 109. 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. 110. 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. 111. DEFINITIONS.

    For the purposes of this title, the term--
            (1) ``eligible firm'' means a business entity that is 
        either--
                    (A) a company that has majority ownership or 
                control by individuals who are citizens of the United 
                States; or
                    (B) a company that is incorporated in the United 
                States and has a parent company which is incorporated 
                in a country whose government--
                            (i) permits companies described under 
                        subparagraph (A) to participate in research and 
                        development consortia to which such government 
                        provides funding directly, or indirectly 
                        through one or more international 
                        organizations; and
                            (ii) affords adequate and effective 
                        protection for the intellectual property rights 
                        of companies described under subparagraph (A);
            (2) ``Federal laboratory'' has the meaning given such term 
        in section 4(6) or the Stevenson-Wydler Technology Innovation 
        Act of 1980 (15 U.S.C. 3703(6)); and
            (3) ``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 test new technologies in aircraft and engine 
        design.
            (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 
        aeronautics 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 not later than January 1, 1995. 
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 strengths and weaknesses of each 
        aeronautics facility that impact aeronautical research and 
        technology objectives of the United States Government and 
        domestic industries;
            (3) determination of the cost-savings achievable by closing 
        non-essential aeronautics facilities of the National 
        Aeronautics and Space Administration and other Federal 
        agencies; and
            (4) 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 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 be 
submitted to Congress not later than January 1, 1995.

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