[Congressional Record Volume 140, Number 145 (Friday, October 7, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: October 7, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION TECHNOLOGY INVESTMENT ACT

  The text of the bill (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, as passed by the Senate on October 6, 1994, is as follows:

                                S. 1881

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``National Aeronautics and 
     Space Administration Technology Investment Act of 1994''.

     SEC. 2. FINDINGS.

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

     SEC. 3. TECHNOLOGY INVESTMENT POLICY.

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

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

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

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

     SEC. 102. TECHNOLOGY DEVELOPMENT AND COMMERCIALIZATION GOALS.

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

     SEC. 103. INDUSTRY TECHNOLOGY PROGRAM.

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

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

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

     SEC. 105. ROLE OF PROCUREMENT IN TECHNOLOGY INVESTMENT.

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

     SEC. 106. COORDINATION WITH OTHER FEDERAL PROGRAMS.

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

     SEC. 107. INTERAGENCY TECHNOLOGY INITIATIVES.

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

     SEC. 108. COORDINATION WITH OTHER NASA PROGRAMS.

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

     SEC. 109. PERSONNEL INCENTIVES.

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

     SEC. 110. ANNUAL REPORT TO CONGRESS.

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

     SEC. 111. APPLICATION OF ANTITRUST LAWS.

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

     SEC. 112. DEFINITIONS.

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

               TITLE II--NATIONAL AERONAUTICS FACILITIES

     SEC. 201. FINDINGS.

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

     SEC. 202. POLICY.

       It is the policy of the United States that--
       (1) Federal investment in domestic aerospace technologies 
     shall be a priority of the United States to safeguard the 
     international market share of the United States aerospace 
     industry;
       (2) maintaining world class aeronautics facilities in the 
     United States shall be a major element of Federal investment 
     in aerospace research and development;
       (3) the National Aeronautics and Space Administration shall 
     work closely with industry to identify and address 
     aeronautics technology and facility issues; and
       (4) industry and government cost-sharing for facilities 
     construction and use shall be investigated to achieve 
     aeronautics research and technology goals within a 
     constrained Federal budget.

     SEC. 203. WORLDWIDE FACILITIES ASSESSMENT.

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

     SEC. 204. AERONAUTICS FACILITIES STRATEGY.

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

             TITLE III--COMMERCIAL SPACE LAUNCH AMENDMENTS

     SEC. 301. COMMERCIAL REENTRY VEHICLES.

       Chapter 701 of title 49, United States Code, is amended--
       (1) in the table of sections--
       (A) by amending the item relating to section 70104 to read 
     as follows:

``70104. Restrictions on launches, operations, and reentries.'';

       (B) by amending the item relating to section 70108 to read 
     as follows:

``70108. Prohibition, suspension, and end of launches, operation of 
              launch sites, and reentries.'';

       (C) by amending the item relating to section 70109 to read 
     as follows:

``70109. Preemption of scheduled launches or reentries.'';

     and
       (D) by adding at the end the following new item:

``70120. Report to Congress.'';

       (2) in section 70102--
       (A) by inserting ``from Earth'' after ``and any payload'' 
     in paragraph (3);
       (B) by redesignating paragraphs (10) through (12) as 
     paragraphs (12) through (14), respectively; and
       (C) by inserting after paragraph (9) the following new 
     paragraphs:
       ``(10) `reenter' and `reentry' mean to return purposefully, 
     or attempt to return, a reentry vehicle and payload, if any, 
     from Earth orbit or outer space to Earth.
       ``(11) `reentry vehicle' means any vehicle designed to 
     return from Earth orbit or outer space to Earth substantially 
     intact.'';
       (3) in section 70104--
       (A) by amending the section designation and heading to read 
     as follows:

     ``Sec. 70104. Restrictions on launches, operations, and 
       reentries'';

       (B) by inserting ``, or reenter a reentry vehicle,'' after 
     ``operate a launch site'' each place it appears in subsection 
     (a);
       (C) by inserting ``or reentry'' after ``launch or 
     operation'' in subsection (a)(3) and (4);
       (D) in subsection (b)--
       (i) by striking ``launch license'' and inserting 
     ``license'';
       (ii) by inserting ``or reenter'' after ``may launch''; and
       (iii) by inserting ``or reentering'' after ``related to 
     launching''; and
       (E) in subsection (c)--
       (i) by amending the subsection heading to read as follows: 
     ``Preventing Launches or Reentries.--'';
       (ii) by inserting ``or reentry'' after ``prevent the 
     launch''; and
       (iii) by inserting ``or reentry'' after ``decides the 
     launch'';
       (4) in section 70105--
       (A) by inserting ``, or reentry of a reentry vehicle,'' 
     after ``operation of a launch site'' in subsection (b)(1); 
     and
       (B) by striking ``or operation'' and inserting ``, 
     operation, or reentry'' in subsection (b)(2)(A);
       (5) in section 70106(a)--
       (A) by inserting ``or reentry site'' after ``observer at a 
     launch site''; and
       (B) by inserting ``or reentry vehicle'' after ``assemble a 
     launch vehicle'';
       (6) in section 70108--
       (A) by amending the section designation and heading to read 
     as follows:

     ``Sec. 70108. Prohibition, suspension, and end of launches, 
       operation of launch site, and reentries'';

     and
       (B) in subsection (a)--
       (i) by inserting ``, or reentry of a reentry vehicle,'' 
     after ``operation of a launch site''; and
       (ii) by inserting ``or reentry'' after ``launch or 
     operation'';
       (7) in section 70109--
       (A) by amending the section designation and heading to read 
     as follows:

     ``Sec. 70109. Preemption of scheduled launches or 
       reentries'';

       (B) in subsection (a)--
       (i) by inserting ``or reentry'' after ``ensure that a 
     launch'';
       (ii) by inserting ``, reentry site,'' after ``United States 
     Government launch site'';
       (iii) by inserting ``or reentry date commitment'' after 
     ``launch date commitment'';
       (iv) by inserting ``or reentry'' after ``obtained for a 
     launch'';
       (v) by inserting ``, reentry site,'' after ``access to a 
     launch site'';
       (vi) by inserting ``, or services related to a reentry,'' 
     after ``amount for launch services''; and
       (vii) by inserting ``or reentry'' after ``the scheduled 
     launch''; and
       (C) in subsection (c), by inserting ``or reentry'' after 
     ``prompt launching'';
       (8) in section 70110--
       (A) by inserting ``or reentry'' after ``prevent the 
     launch'' in subsection (a)(2); and
       (B) by inserting ``, or reentry of a reentry vehicle,'' 
     after ``operation of a launch site'' in subsection (a)(3)(B);
       (9) in section 70112--
       (A) by inserting ``or reentry'' after ``one launch'' in 
     subsection (a)(3);
       (B) by inserting ``or reentry'' after ``launch services'' 
     in subsection (a)(4);
       (C) by inserting ``or reentry'' after ``launch services'' 
     each place it appears in subsection (b);
       (D) by inserting ``or Reentries'' after ``Launches'' in the 
     heading for subsection (e); and
       (E) by inserting ``or reentry'' after ``launch site'' in 
     subsection (e);
       (10) in section 70113 (a)(1) and (d) (1) and (2), by 
     inserting ``or reentry'' after ``one launch'' each place it 
     appears;
       (11) in section 70115(b)(1)(D)(i)--
       (A) by inserting ``reentry site,'' after ``launch site,''; 
     and
       (B) by inserting ``or reentry vehicle'' after ``site of a 
     launch vehicle'';
       (12) in section 70117--
       (A) by inserting ``or reentry a reentry vehicle'' after 
     ``operate a launch site'' in subsection (a);
       (B) by inserting ``or reentry'' after ``approval of a space 
     launch'' in subsection (d);
       (C) in subsection (f)--
       (i) by inserting ``or Reentry'' after ``Launch'' in the 
     subsection heading;
       (ii) by inserting ``, reentry vehicle,'' after ``A launch 
     vehicle'';
       (iii) by inserting ``or reentered'' after ``that is 
     launched''; and
       (iv) by inserting ``or reentry'' after ``the launch''; and
       (D) in subsection (g)--
       (i) by inserting ``reentry of a reentry vehicle,'' after 
     ``or launch site,'' in paragraph (1); and
       (ii) by inserting ``reentry,'' after ``launch,'' in 
     paragraph (2);
       (13) in section 70119, by inserting the following after 
     paragraph (2):
     ``There are authorized to be appropriated to the Secretary of 
     Transportation such amounts as may be necessary to carry out 
     this chapter for fiscal year 1995.''; and
       (14) by adding at the end the following new section:

     ``Sec. 70120. Report to Congress

       ``The Secretary of Transportation shall submit to Congress 
     an annual report to accompany the President's budget request 
     that--
       ``(1) describes all activities undertaken under this 
     chapter, including a description of the process for the 
     application for and approval of licenses under this chapter 
     and recommendations for legislation that may further 
     commercial launches and reentries; and
       ``(2) reviews the performance of the regulatory activities 
     and the effectiveness of the Office of Commercial Space 
     Transportation.''.

     SEC. 302. LICENSE APPLICATIONS.

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

     SEC. 303. PROHIBITION ON SPACE ADVERTISING.

       (a) Definition.--Section 70102 of title 49, United States 
     Code, is amended by inserting after paragraph (14), as 
     redesignated by section 301(2)(B) of this title, the 
     following new paragraph:
       ``(15) `space advertising' means advertising in outer space 
     that is capable of being seen by a human being on the surface 
     of the Earth without the aid of a telescope or other 
     technological device.''.
       (b) Prohibition.--Chapter 701 of title 49, United States 
     Code, is amended by inserting after section 70109 the 
     following new section:

     ``Sec. 70109a. Prohibition on space advertising

       ``(a) Prohibition.--Notwithstanding the provisions of this 
     chapter or any other provision of law--
       ``(1) the Secretary shall not--
       ``(A) issue or transfer a license under this chapter; or
       ``(B) waive the license requirements of this chapter;
     for the launch of a payload containing any material to be 
     used for the purposes of space advertising; and
       ``(2) no holder of a license under this chapter, on or 
     after the date of enactment of the National Aeronautics and 
     Space Administration Technology Investment Act of 1994, shall 
     launch a payload containing any material to be used for 
     purposes of space advertising.
       ``(b) Civil Penalties.--Any person who violates the 
     provisions of subsection (a)(2) shall--
       ``(1) be subject to a civil penalty, not to exceed 
     $30,000,000 which shall be assessed by the Secretary; and
       ``(2) not be issued a license under this chapter for a 
     period of 2 years from the date of such violation, or, in the 
     case of multiple violations, from the date of the most recent 
     violation.''.
       (c) Negotiation With Foreign Space Launching Nations.--
       (1) The President is requested to negotiate with foreign 
     launching nations for the purpose of reaching an agreement or 
     agreements that prohibit the use of outer space for 
     advertising purposes.
       (2) It is the sense of Congress that the President should 
     take such action as is appropriate and feasible to enforce 
     the terms of any agreement to prohibit the use of outer space 
     for advertising purposes.
       (3) As used in this subsection, the term ``foreign 
     launching nation'' means a nation--
       (A) which launches, or procures the launching of, a payload 
     into outer space; or
       (B) from whose territory or facility a payload is launched 
     into outer space.
       (d) Clerical Amendment.--The table of sections for chapter 
     701 of title 49, United States Code, is amended by inserting 
     the following after the item relating to section 70109:

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



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