[Congressional Record Volume 140, Number 143 (Wednesday, October 5, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: October 5, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
              THE AERONAUTICS AND SPACE POLICY ACT OF 1994

  Mr. FORD. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 674, H.R. 4489, 
the NASA Authorization Act of 1994.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will state the bill by title.
  The legislative clerk read as follows:

       A bill (H.R. 4489) 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, which 
     had been reported from the Committee on Commerce, Science, 
     and Transportation, with an amendment to strike all after the 
     enacting clause and inserting in lieu thereof the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Aeronautics and Space Policy 
     Act of 1994''.

     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;
       (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; and
       (5) 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. 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--NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
             Subtitle A--Special Authority and Limitations

     SEC. 101. OPERATING PLAN.

       Not later than 60 days after 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.

     SEC. 102. USE OF FUNDS FOR CONSTRUCTION.

       (a) Authorized Uses.--The Administrator may use funds 
     appropriated for purposes other than--
       (1) construction of facilities;
       (2) research and program management, excluding research 
     operations support; and
       (3) Inspector General,

     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 appropriated.
       (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 
     $750,000, 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. 103. AVAILABILITY OF APPROPRIATED AMOUNTS.

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

     SEC. 104. REPROGRAMMING FOR CONSTRUCTION OF FACILITIES.

       (a) In General.--Amounts appropriated 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 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. 105. 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 ancillary 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. 106. USE OF FUNDS FOR SCIENTIFIC CONSULTATIONS OR 
                   EXTRAORDINARY EXPENSES.

       Funds appropriated 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. 107. LAND CONVEYANCE.

       (a) 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.
       (b) If cost-effective, the Administrator may acquire a 
     certain parcel of land, together with existing facilities, 
     located at the site of the Clear Lake Development Facility, 
     Clear Lake, Texas. The land and facilities in question 
     comprise approximately 13 acres and include a Light 
     Manufacturing Facilities, an Avionics Development Facility, 
     and an Assembly and Test Building which may be modified for 
     use as a Neutral Buoyancy Laboratory in support of human 
     space flight activities.

     SEC. 108. GEOGRAPHICAL DISTRIBUTION.

       The National Aeronautics and Space Administration shall 
     give consideration to geographical distribution of its 
     research and development funds whenever feasible.

     SEC. 109. 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. 110. SENSE OF CONGRESS; ADDITIONAL NATIONAL AERONAUTICS 
                   AND SPACE ADMINISTRATION FACILITIES.

       It is the sense of Congress that, when consistent with the 
     goals of the National Aeronautics and Space Administration, 
     the Administrator should 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.

     SEC. 111. PROCUREMENT.

       (a) Procurement Demonstration.--
       (1) In general.--The Administrator shall establish within 
     the Office of Space Access 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 
     ensure that proper procedures will be developed 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. Expedited technology procurement procedures 
     shall include, but not be limited to Space Act Agreements, 
     Cooperative Agreements with both profit and not-for-profit 
     organizations, and other consortium and partnering programs 
     that will ensure proactive commercial applications 
     development and technology infusion for both NASA and 
     industry.

     To carry out this subsection, the Administrator shall ensure 
     use in the evaluation process of persons with special 
     expertise and experience related to the innovative technology 
     concepts with respect to which procurements are made under 
     this subsection. Use of nongovernmental sector expertise will 
     be used to the maximum extent practicable through the use of 
     existing special appointment procedures.
       (3) Sunset.--This subsection shall cease to be effective 10 
     years after the date of enactment of the Aeronautics and 
     Space Policy Act of 1994.
       (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) utilize streamlined buying and bidding procedures to 
     the maximum extent practicable, and survey private sector 
     buying and bidding procedures to determine the extent to 
     which they may be incorporated into procedures of the 
     National Aeronautics and Space Administration;
       (D) consider the use of fixed price contracts at both 
     contract and subcontract levels to integrate commercially 
     available technology into systems and subsystems of the 
     National Aeronautics and Space Administration; and
       (E) provide an annual report to the Congress as to progress 
     achieved in implementing the technology procurement 
     initiative set forth under this subsection.
       (2) Requirements.--The Administration shall ensure that 
     requirements developed for space hardware, innovative 
     technology or related space services under this demonstration 
     program shall, to the maximum extent practicable, enhance the 
     integration of existing commercial, non-developmental or 
     available off-the-shelf hardware or services into meeting the 
     Agency's mission. Requirements shall seek to utilize non-
     Governmental research and development activities, and those 
     cooperative research efforts between Government and non-
     Government sources to bring potentially innovative technology 
     concepts into the Agency's mainstream missions.

     SEC. 112. 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. 113. 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 $100,000,000 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. 114. SMALL SPACECRAFT TECHNOLOGY INITIATIVE.

       The Administrator may not obligate funds for the Small 
     Spacecraft Technology Initiative to duplicate private sector 
     activities or to fund any activities that a private sector 
     entity is proposing to carry out for commercial purposes.

     SEC. 115. SCIENTIFIC COOPERATION WITH RUSSIA.

       (a) 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.
       (b) Mars Transition Plan.--The Administrator shall provide 
     to the Congress by February 15, 1995, a detailed plan to 
     integrate the Mars Surveyor program with a Mars exploration 
     program with Russia and other spacefaring nations, as 
     appropriate.

     SEC. 116. 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 an equal amount of funding of in-kind 
     resources of equivalent value or a combination thereof are 
     provided for such purpose from non-Federal sources.

     SEC. 117. 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. 118. 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. 119. ACCESS TO DATA FOR GLOBAL CHANGE RESEARCH.

       The National Science and Technology Council, through its 
     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 
     declassified 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. 120. UNIVERSITY INNOVATIVE RESEARCH PROGRAM STUDY.

       (a) 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; and
       (2) avoids duplication of existing National Aeronautics and 
     Space Administration programs with the institutions of higher 
     education.
       (b) Completion.--The study required by subsection (a) shall 
     be completed and its results submitted to the Congress within 
     one year after the date of enactment of this Act.
       (c) Advice.--In carrying out the study required by 
     subsection (a), 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. 121. 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. 122. 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. 123. ADVANCED LAUNCH TECHNOLOGY REPORT.

       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.

     SEC. 124. SENSE OF CONGRESS; WOMEN'S HEALTH ISSUES.

       It is the sense of Congress that the National Aeronautics 
     and Space Administration should pursue, to the extent 
     practicable, life and microgravity sciences research related 
     to the causes of breast and ovarian cancers, bone-related 
     diseases, and other women's health issues.

     SEC. 125. 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. 126. PURCHASE OF SPACE SCIENCE DATA.

       To the maximum extent practicable, 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.

     SEC. 127. REMOTE SENSING FOR AGRICULTURAL AND RESOURCE 
                   MANAGEMENT.

       (a) Information Development.--The Secretary of Agriculture 
     and the Administrator of the National Aeronautics and Space 
     Administration, maximizing private funding and involvement, 
     shall provide, to the extent feasible, 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.
       (b) Enhanced Remote Sensing.--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.
       (c) 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.
       (d) Sunset.--The provisions of this section shall expire 5 
     years after the date of enactment of this Act.

     SEC. 128. SPACE EXPLORATION OPPORTUNITIES ASSESSMENT.

       (a) Assessment.--The Administrator shall conduct 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.
       (b) 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 (a).

     SEC. 129. 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).
                        Subtitle B--Aeronautics

     SEC. 151. NATIONAL AERONAUTICAL FACILITIES POLICY.

       It is the policy of the United States that--
       (1) revitalizing national aeronautical facilities shall be 
     a major element of Federal investment in aeronautical 
     research and development; and
       (2) 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. 152. WORLDWIDE FACILITIES ASSESSMENT.

       The President or his designees 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 and the risk to the competitiveness of the United 
     States industry due to the potential unintended transfer of 
     technology.

     SEC. 153. 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 II--COMMERCIAL SPACE LAUNCH AMENDMENTS

     SEC. 201. 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 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.''.

     SEC. 202. LICENSE APPLICATION.

       (a) 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 in lieu 
     thereof ``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 in lieu thereof ``; and''; and
       (4) 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.''.
       (b) 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.

     SEC. 203. PROHIBITION ON OBTRUSIVE 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) `obtrusive 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 obtrusive 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 obtrusive space advertising; and
       ``(2) no holder of a license under this chapter, on or 
     after the date of enactment of this Act, shall launch a 
     payload containing any material to be used for purposes of 
     obtrusive 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 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 obtrusive 
     space 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 obtrusive space 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 Codes, is amended by inserting 
     the following after the item relating to section 70109:

  ``70109a. Prohibition on obtrusive space advertising''.
     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 Department of 
     Commerce.'';
       (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'' and inserting in lieu thereof ``and the Department of 
     Commerce, as well as the Department of Interior, or'';
       (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 60 days after enactment of the 
     Aeronautics and Space Policy Act of 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 
     ``section 507'';
       (8) by adding at the end of Section 101 the following new 
     subsection:
       ``(f) Authority To Retain Reimbursements.--The member 
     agency of the Landsat Program Management responsible for 
     operating Landsat 7 is authorized to offset the cost of such 
     operations by retaining reimbursements collected from foreign 
     ground stations and through the sale of Landsat 7 data until 
     such data are transferred to the National Satellite Land 
     Remote Sensing Data Archive.'';
       (9) 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'';
       (10) in section 103(a), by striking ``section 105'' and 
     inserting in lieu thereof ``section 104'';
       (11) by striking section 104 and redesignating section 105 
     as section 104;
       (12) in section 201(c), 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 
     120-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 60 
     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 60-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 60 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 60-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--TECHNOLOGY INVESTMENT POLICY FOR AERONAUTICS AND SPACE

     SEC. 401. FINDINGS.

       The Congress finds that--
       (1) the United States aerospace industry has provided a 
     major contribution to the competitiveness of the United 
     States;
       (2) the international market share of the United States 
     aerospace industry has steadily eroded due to competition 
     from foreign consortia that receive substantial direct 
     subsidies from their governments;
       (3) the United States aerospace industry has been severely 
     impacted by the reductions in defense spending, leading to 
     reduced levels of research and development investment by 
     industry;
       (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; and
       (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.

     SEC. 402. AERONAUTICS AND SPACE 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 industry shall be a fundamental goal of the 
     aeronautical and space research and development programs of 
     the National Aeronautics and Space Administration;
       (2) the investment in aeronautics and space technology by 
     the National Aeronautics and Space Administration shall be 
     closely coordinated with United States industry; and
       (3) the establishment of industry-led, precompetitive 
     consortia, alliances, or other entities shall be encouraged 
     to better identify and coordinate the industry requirements 
     for advanced technologies and facilities.

     SEC. 403. AMENDMENTS TO THE NATIONAL AERONAUTICS AND SPACE 
                   ACT OF 1958.

       (a) Technical Correction Amendments.--
       (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) Reports to the Congress.--Section 206(a) of the 
     national Aeronatuics 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''.
       (c) Competitiveness.--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;
       (3) in subsection (g), as so redesignated, by striking 
     ``(f), and (g)'' and inserting ``and (f)''; and
       (4) in section 102(d)--
       (A) by striking ``and'' in (8) and
       (B) by adding the following after ``(9)'':
       ``(10) The research required for 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. 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 the mission of the 
     National Aeronautics and Space Administration which benefits 
     the economy of the United States 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. 405. 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 
     advancing aeronautics and space technologies. In selecting 
     projects to be funded under this section, the Administrator 
     shall weigh and consider--
       (1) the extent of funding provided by industry for such 
     project;
       (2) each project's scientific and technical merit;
       (3) the potential of the project to advance mission needs 
     of the National Aeronautics and Space Administration;
       (4) each project's potential to advance technologies that 
     enhance the competitiveness of United States industry in 
     global markets; and
       (5) such other criteria as the Administrator considers 
     appropriate to carry out the purposes of this section.
       (b) Cost-sharing.--Amounts appropriated for this program 
     may be obligated only to the extent that an equal or greater 
     amount of non-Federal funding is provided for this program. 
     Of the non-Federal funding provided for this program, the 
     Administrator shall require contributions from sources other 
     than those identified as Independent Research and 
     Development.
       (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 arrangement, 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.

     SEC. 406. 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. 407. 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. 408. 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. 409. 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. 410. 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. 411. 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. 412. 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. 413. 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. 414. DEFINITIONS.

       For the purposes of this title, the term:
       (1) ``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)).
       (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.


                           amendment no. 2615

  Mr. FORD. On behalf of Senator Rockefeller, I send a substitute 
amendment to the desk and ask for its immediate consideration; that the 
amendment be agreed to and the motion to reconsider be laid upon the 
table; that the committee substitute, as amended, be agreed to; that 
the bill, as amended, be deemed read the third time, passed, and the 
motion to reconsider be laid upon the table; that the title amendment 
be agreed to; further, that any statements relating to this item be 
inserted at the appropriate place in the Record as if read.
  The PRESIDING OFFICER. Without objection, it is so ordered:

       Mr. Ford, for Mr. Rockefeller, offered amendment No. 2615, 
     which was agreed to.

  (The text of the amendment is printed in today's Record under 
``Amendments Submitted.'')
  Mr. ROCKEFELLER. Mr. President, when the Senate passes this measure, 
H.R. 4489, the Aeronautics and Space Policy Act of 1994, we will take 
one more step in providing clearer direction in the interests of all 
Americans.
  As a Nation, we are rethinking our investment of Federal dollars in 
civil aeronautics and space. The post-cold-war era has affected the 
United States aerospace infrastructure profoundly with its attendant 
downsizing and efforts to convert military production to fit civilian 
needs. While this change has been very disruptive to our aerospace 
community, it also has opened new opportunities to explore commercial 
avenues and international alliances.
  Within this setting, it makes little sense to continue allocating tax 
dollars on research and technology priorities which were set over a 
decade ago. Federal discretionary dollars available to fund aeronautics 
and space activities have continued to shrink.
  Over the past year and a half, as the chairman of the Science, 
Technology, and Space Subcommittee, I have worked with my colleagues in 
the Senate and my counterparts in the House of Representatives as well 
as the National Aeronautics and Space Administration [NASA], and the 
White House to help give meaning to these changes.
  As a result of these labors, I am pleased to have the Senate consider 
H.R. 4489, the Aeronautics and Space Policy Act of 1994.
  H.R. 4489 was passed by the House of Representatives and was referred 
to the Commerce Committee on August 9, 1994. On September 23, 1994, the 
Commerce Committee approved a substitute to H.R. 4489. The substitute 
to H.R. 4489 before the Senate today is similar to that approved by the 
Commerce Committee but incorporates technical amendments and changes 
that I believe substantively improve the legislation.
  One thing I would like to make clear: H.R. 4489 is a policy bill. 
There are no authorizations of appropriations. This legislation makes 
mid-course corrections to our existing body of aeronautics and space 
law to reflect new policy directions in the National Aeronautics and 
Space Act of 1958, the Commercial Space Launch Act of 1984, and the 
Land Remote Sensing Policy Act of 1992.
  The bill has five titles and incorporates many provisions of S. 1881, 
the NASA Technology Investment Policy Act of 1994. Title I provides 
authority for reprogramming and land conveyance to support ongoing NASA 
programs as well as requires reports to Congress on timely aeronautics 
and space issues.
  Title II amends the Commercial Space Launch Act of 1984 to extend the 
authority of the Secretary of Transportation to license commercial 
reentry vehicles. It also expressly limits the launch of ``obtrusive 
space advertising''.
  Title III amends the Land Remote Sensing Policy Act of 1992 to 
reflect changes to the future United States land remote sensing 
satellite program. These changes were recommended by the President's 
inter-agency National Science and Technology Council in May 1994.
  Title IV amends the National Aeronautics and Space Act of 1958 to 
require NASA to work with industry in compatible areas of technology 
development. NASA needs to demonstrate a more direct link between its 
$14 billion annual budget and technology benefits to U.S. commercial 
sectors. Finally, title V requires NASA to provide Congress annually 
with budget materials that NASA submits to the President and which 
cover a 5-year period.
  This substitute represents a truly collaborative effort. I would like 
to commend the ranking member of the Subcommittee on Science, 
Technology, and Space, Senator Conrad Burns, for working closely with 
me on this legislation and on other important legislation of the 
Science Subcommittee. I ask that my colleagues in the Senate join me 
and pass H.R. 4489, the Aeronautics and Space Policy Act of 1994.
  Mr. COHEN. Mr. President, title V of the amendment proposed by the 
managers is essentially identical to S. 776, a bill I introduced to 
help ensure stability in NASA's programs.
  This title addresses a matter the General Accounting Office has 
labeled a high risk problem with the budget of the National Aeronautics 
and Space Administration.
  During the late 1980's NASA's budget grew by more than 50 percent in 
3 years and NASA established long-term procurement plans that assumed 
such rapid growth would continue. When the Bush administration decided 
to drastically reduce the growth in NASA's long-term budget, NASA 
should have scaled back its buying plans accordingly.
  It didn't. Instead, it acted as if nothing had changed and, as a 
result, a huge gap developed between its long term buying plans and its 
long-term budget, as illustrated in this chart. Accordingly to a 1992 
NASA document, the gap for the succeeding 5 years was well over $15 
billion, with the disparity growing larger with each passing year.
  While, over the past 2 years, NASA has begun to make some serious 
efforts to reduce the cost of its 5-year program plan, the challenge of 
closing the gap has grown more difficult with the Clinton 
administration's decision to hold NASA to level funding for the next 5 
years. NASA claims to have eliminated about half of the gap, but the 
General Accounting Office, which has continued to monitor this problem, 
has not yet been able to substantiate this claim.
  The huge gap between NASA's 5-year program plan and its 5-year budget 
has five harmful consequences:
  First, NASA is committing itself to more programs than it can 
possibly pay for. As a result, down payments are made on programs that 
later must be canceled, wasting billions of taxpayers' dollars.
  Second, in an effort to avoid cancellation, some programs are 
stretched out, reducing their cost in any given year but increasing 
their total cost, again wasting taxpayers' money.
  Third, rational planning is rendered impossible for NASA and its 
contractors, as the stable, predictable environment needed to manage 
NASA's complex development and acquisition programs is undermined.
  Fourth, NASA experts abdicate their responsibility to set priorities 
among NASA programs, leaving Congress to substitute its judgement--
which is often based on factors other than what is best for the Nation 
as a whole.
  Fifth, and the ever present threat of stretch outs or terminations 
undermines morale at NASA and its contractors.
  Mr. President, we have seen this all before. During the 1980's, the 
Pentagon created for itself an identical ``bow-wave'' problem, making 
small down payments on more programs than it could possibly pay for 
once the full bills came due.
  Congress dealt with the defense bow-wave problem by adopting 
legislation to require the Pentagon to live within its means. 
Specifically, we passed a law requiring the Pentagon's 5-year defense 
plan to be consistent with the President's 5-year defense budget.
  It worked. The bow-wave problem of the 1980's was essentially 
resolved despite deep cuts in defense procurement made by the Bush 
administration. We now face other problems with defense spending, but 
these are of a different nature.
  Title V of the amendment before the Senate would simply impose on 
NASA the same discipline we imposed on the Pentagon in the 1980's: NASA 
would have to produce a 5-year program plan that is consistent with the 
5-year budget proposed by the President for NASA.

  It would not be a burden on NASA to provide such a 5-year program 
plan. The 3-year budget NASA currently submits would form the core of 
the program plan. It would need to be expanded to include budget 
figures for 2 additional years, but NASA already produces that data. 
The reason it does not provide it to Congress is largely to avoid the 
political embarrassment from revealing the large growth in the out-
years of negative funding wedges, that is, unspecified cuts that NASA 
has yet to figure out how to make.
  The additional data for the 4th and 5th year would not need extensive 
justification, although we would expect explanations of out-year budget 
figures that do not clearly flow from the narrative justification now 
provided in NASA's 3-year budget. Also, if a projected figure for a 
given year changed significantly from what had previously been 
projected, an explanation would be expected.
  It is simply good sense and good government to require agencies to 
base their long-term plans on the President's budget submissions. This 
is especially important for agencies such as the Pentagon and NASA that 
engage in large-scale procurements that spend out over many years and, 
thus, are at special risk to procurement bow-waves.
  The problem goes well beyond any specific NASA program to a culture 
of denial at NASA that has failed to come to grips with budget 
realities. NASA Administrator Daniel Goldin has worked to deal with 
these realities, but the extent of the problem and its institutional 
nature, transcending administrations and administrators, requires us to 
act legislatively.
  Mr. President, I want to emphasize that title V is policy neutral. It 
does not prejudge how to close the gap between NASA's 5-year program 
plan and its budget. It would be up to NASA to set the priorities.
  Regardless of what priorities are established, though, bringing 
NASA's plans in line with its budget is essential if NASA is to have 
rational, stable, and ultimately successful programs.
  Mr. President, I will not take the time to read into the Record the 
testimony and many reports GAO has provided on this matter. I would 
refer those who are interested to the statement I made when I 
introduced S. 776 [April 7, 1993, S4561-3], which quotes at length from 
several.
  So the bill (H.R. 4489), as amended, was deemed read the third time, 
and passed.
  The title was amended so as to read:
  ``An Act to amend the National Aeronautics and Space Act of 1958, and 
for other purposes.''.

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