--S.2287--
S.2287
One Hundred First Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday, the twenty-third day
of January,
one thousand nine hundred and ninety
An Act
To authorize appropriations to the National Aeronautics and Space
Administration for research and development, space flight, control and
data communications, construction of facilities, and research and program
management, and for other purposes.
Be it enacted by the Senate and House of Representatives of the  United
States of America in Congress assembled,

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This Act may be cited as the `National Aeronautics and Space Administration
Authorization Act, Fiscal Year 1991'.

f4eba34b1a14e9fd9a4a18170be485df31cb0520fcce6d8f590e5faee1fe234a

The Congress finds that--
(1) over the next decade, the United States aeronautics and space program will
be directed toward major national priorities of understanding, preserving,
and enhancing our global environment, hypersonic transportation, human
exploration, and emerging technology commercialization;
(2) the United States aeronautics and space program is supported by an
overwhelming majority of the American people;
(3) the United States aeronautics and space program genuinely reflects
our Nation's pioneer heritage and demonstrates our quest for leadership,
economic growth, and human understanding;
(4) the United States space program is based on a solid record of achievement
and continues to promote the objective of international cooperation in the
exploration of the planets and the universe;
(5) the United States aeronautics and space program generates critical
technology breakthroughs that benefit our economy through new products and
processes that significantly improve our standard of living;
(6) the United States aeronautics and space program excites the imagination
of every generation and can stimulate the youth of our Nation toward the
pursuit of excellence in the fields of science, engineering, and mathematics;
(7) the United States aeronautics and space program contributes to the
Nation's technological competitive advantage;
(8) the United States aeronautics and space program requires a sustained
commitment of financial and human resources as a share of the Nation's
Gross National Product;
(9) the United States space transportation system will depend upon a robust
fleet of space shuttle orbiters and expendable and reusable launch vehicles
and services;
(10) the United States space program will be advanced with an assured
funding stream for the development of a permanently manned space station
with research, experimentation, observation, servicing, manufacturing,
and staging capabilities for lunar and Mars missions;
(11) the United States aeronautics program has been a key factor in
maintaining preeminence in aviation over many decades;
(12) the United States needs to maintain a strong program with respect to
transatmospheric research and technology by developing and demonstrating
National Aero-Space Plane technology by a mid-decade date certain;
(13) the National Aeronautics and Space Administration is primarily
responsible for formulating and implementing policy that supports and
encourages civil aeronautics and space activities in the United States; and
(14) commercial activities of the private sector will substantially and
increasingly contribute to the strength of both the United States space
program and the national economy.

e6c2cbf366e98da7327aebf47d09d00b10dbbefde3ff46492bbaed40977d1c7b

TITLE I

-NATIONAL AERONAUTICS AND SPACE ADMINISTRATION AUTHORIZATIONS

It is declared to be national policy that the United States should--
(1) rededicate itself to the goal of leadership in critical areas of space
science, space exploration, and space commercialization;
(2) increase its commitment of budgetary resources for the space program
to reverse the dramatic decline in real spending for such program since
the achievements of the Apollo moon program;
(3) ensure that the long-range environmental impact of all activities
carried out under this title are fully understood and considered;
(4) promote and support efforts to advance scientific understanding by
conducting or otherwise providing for research on environmental problems,
including global change, ozone depletion, acid precipitation, deforestation,
and smog;
(5) forge a robust national space program that maintains a healthy balance
between manned and unmanned space activities and recognizes the mutually
reinforcing benefits of both;
(6) maintain an active fleet of space shuttle orbiters, including an
adequate provision of structural spare parts, and evolve the orbiter design
to improve safety and performance, and reduce operational costs;
(7) sustain a mixed fleet by utilizing commercial expendable launch vehicle
services to the fullest extent practicable;
(8) support an aggressive program of research and development designed to
enhance the United States preeminence in launch vehicles;
(9) continue and complete on schedule the development and deployment of a
permanently manned, fully capable, space station;
(10) develop an advanced, high pressure space suit to support extravehicular
activity that will be required for Space Station Freedom when Assembly
Complete is reached;
(11) establish a dual capability for logistics and resupply of the space
station utilizing the space shuttle and expendable launch vehicles, including
commercial services if available;
(12) continue to seek opportunities for international cooperation in space
and fully support international cooperative agreements;
(13) maintain an aggressive program of aeronautical research and technology
development designed to enhance the United States preeminence in civil and
military aviation and improve the safety and efficiency of the United States
air transportation system;
(14) conduct a program of technology maturation, including flight
demonstration in 1997, to prove the feasibility of an air-breathing,
hypersonic aerospace plane capable of single-stage-to-orbit operation and
hypersonic cruise in the atmosphere;
(15) seek innovative technologies that will make possible advanced human
exploration initiatives, such as the establishment of a lunar base and the
succeeding mission to Mars, and provide high yield technology advancements
for the national economy; and
(16) enhance the human resources of the Nation and the quality of education.

2a30c093e760d42895a7a14b76e065f9f4c746b8a855813647c089b744ecf33b

(a) AUTHORIZATIONS- There are authorized to be appropriated to the National
Aeronautics and Space Administration the following amounts:
(1) For `research and development', for the following programs:
(A) United States International Space Station Freedom:
(i) Notwithstanding section 201(a)(1)(A) of the National Aeronautics and
Space Administration Authorization Act, Fiscal Year 1989, not more than
$2,451,000,000 shall be made available for fiscal year 1991.
(ii) Such sums as are necessary from funds authorized for the United States
International Space Station Freedom shall be used to initiate a flight
test of the solar dynamic power program. By May 1, 1991, the Administrator
shall submit 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 report on the implementation plan for the conduct of
a flight test of the solar dynamic power program.
(B) Space transportation capability development, $723,400,000 for fiscal
year 1991. Of such funds, $10,000,000 shall be used only for supporting
heavy-lift launch vehicle studies, which shall include study of commercially
developed variants as well as other appropriate concepts, rather than
studying Shuttle-derived heavy-lift launch vehicles alone.
(C) Physics and astronomy, $985,000,000 for fiscal year 1991.
(D) Life sciences, $168,400,000 for fiscal year 1991. Of the amounts
authorized for such purposes, by this or any other Act, for fiscal year 1991--
(i) $5,000,000 shall be used for the development of payloads for the Lifesat
program; and
(ii) not less than $400,000 shall be used for space food processing studies
and bioregenerative modeling assessments.
(E) Planetary exploration, $337,200,000 for fiscal year 1991.
(F) Earth sciences:
(i) $542,500,000 for fiscal year 1991, of which $5,000,000 shall be made
available for the conduct of an advanced sensor technology demonstration
program, $35,000,000 shall be made available for Earth Probes, including the
development of the Total Ozone Mapping Spectrometer, and $44,300,000 shall
be made available for Modeling and Data Analysis, including the development
of Earth Science Data Directories and remote sensing data conversion.
(ii) Notwithstanding section 201(a)(1)(A) of the National Aeronautics and
Space Administration Authorization Act, Fiscal Year 1989, not more than
$132,000,000 may be made available for the Earth Observing System Platform
for fiscal year 1991.
(G) Materials processing in space, $97,300,000 for fiscal year 1991.
(H) Communications, $52,800,000 for fiscal year 1991, including not more than
$2,000,000 for experimenter ground stations for the Advanced Communications
Technology Satellite, but only if the experimenter receiving funds obtains
at least an equal amount of funds from sources other than the National
Aeronautics and Space Administration.
(I) Information systems, $36,800,000 for fiscal year 1991.
(J) Technology utilization, $24,400,000 for fiscal year 1991.
(K) Commercial use of space, $76,600,000 for fiscal year 1991.
(L) Aeronautical research and technology, $537,000,000 for fiscal year 1991.
(M) Transatmospheric research and technology, $119,000,000 for fiscal
year 1991.
(N) Space research and technology, $412,900,000 for fiscal year 1991. Of
the amounts authorized for the Exploration Technology program, by this
or any other Act, for fiscal year 1991, at least 10 percent shall be for
university contracts and grants.
(O) Exploration mission studies, $21,000,000 for fiscal year 1991, which
is authorized for studies conducted by the National Aeronautics and Space
Administration. The Administrator shall provide 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 March 15, 1991, a
report setting forth the goals for academic participation and enhancement
of the educational infrastructure with regard to the human exploration
initiative.
(P) Safety, reliability, and quality assurance, $33,000,000 for fiscal
year 1991.
(Q) Tracking and data advanced systems, $20,000,000 for fiscal year 1991.
(R) University Space Science and Technology Academic Program, $50,100,000
for fiscal year 1991.
(S) Comet Rendezvous Asteroid Flyby/Cassini mission, not to exceed
$1,600,000,000, for development, launch, and 30 days of operations thereof,
to remain available until expended, of which--
(i) $490,000,000 shall be available for obligation after October 1, 1989;
(ii) an additional $370,000,000 shall be available for obligation 30 days
after the submission of a report summarizing the results of a preliminary
design review to the Committee on Science, Space, and Technology of the House
of Representatives and the Committee on Commerce, Science, and Transportation
of the Senate;
(iii) an additional $640,000,000 shall be available for obligation 30 days
after the submission of a report summarizing the results of a critical design
review to the Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Commerce, Science, and Transportation
of the Senate; and
(iv) an additional $100,000,000 shall be available for obligation 30 days
after the submission of a report summarizing the results of a spacecraft
integration and systems test to the Committee on Science, Space, and
Technology of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate.
A cost containment plan shall be submitted 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 January 31, 1991, and updated on
July 31 and January 31 of each succeeding year until such funds are expended.
(2) For `space flight, control, and data communications', for the following
programs:
(A) Shuttle production and operational capability, $1,364,000,000 for fiscal
year 1991. Of such funds, $45,000,000 shall be used only for carrying out the
safety modifications recommended by the Aerospace Safety Advisory Panel and
for such other safety related elements of an Assured Shuttle Availability
Program as the Administrator considers necessary. By September 30, 1991,
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 a full report on the completion
of planned safety enhancements.
(B) Shuttle transportation operations, $2,831,400,000 for fiscal year 1991,
of which $4,000,000 shall be made available for the provision of launch
services for eligible satellites in accordance with section 6 of the
Commercial Space Launch Act Amendments of 1988.
(C) Expendable launch vehicle services, $229,200,000 for fiscal year 1991.
(D) Space and ground network, communications, and data systems, $868,800,000
for fiscal year 1991.
(E) Tracking and data relay satellite system, $1,209,732,000 for fiscal year
1991, which shall be used only for the purpose of reducing all outstanding
debt to the Federal Financing Bank.
(3) For `construction of facilities' for fiscal year 1991 as follows:
(A) Construction of Neutral Buoyancy Laboratory, Johnson Space Center,
$15,000,000.
(B) Construction of Space Station Processing Facility, Kennedy Space Center,
$25,000,000.
(C) Construction of Addition for Flight Training and Operations, Johnson
Space Center, $12,000,000.
(D) Rehabilitation of Mission Control Center Power and Control Systems,
Johnson Space Center, $8,500,000.
(E) Construction of Transporter/Canister Facility, Kennedy Space Center,
$5,500,000.
(F) Construction of Processing Control Center, Kennedy Space Center,
$9,400,000.
(G) Replacement of Heating, Ventilating, and Air Conditioning System,
Hypergolic Maintenance Facility, Kennedy Space Center, $2,100,000.
(H) Replacement of Operations and Checkout Building, West Cooling Tower,
Kennedy Space Center, $1,000,000.
(I) Restoration of Heavy Equipment Area, Kennedy Space Center, $900,000.
(J) Upgrade of Orbiter Processing Facility High Bay Heating, Ventilating,
and Air Conditioning System, Kennedy Space Center, $3,300,000.
(K) Upgrade of Yundum International Airport to Full Transoceanic Abort
Landing Site, Banjul, The Gambia, $3,400,000.
(L) Repair of Condensate System, Main Manufacturing Building, Michoud
Assembly Facility, $900,000.
(M) Construction of Project Engineering Facility, Marshall Space Flight
Center, $17,000,000.
(N) Restoration of Information and Electronic Systems Laboratory, Marshall
Space Flight Center, $4,000,000.
(O) Rehabilitation of Hydrogen Transfer Facility, Stennis Space Center,
$2,700,000.
(P) Restoration of Space Shuttle Main Engine Test Complex `A', Stennis
Space Center, $2,800,000.
(Q) Construction of Advanced Solid Rocket Motor Program Facilities, including
land acquisition, various locations, $92,000,000.
(R) Construction of Addition to Site Electrical Substation, Johnson Space
Center, $11,000,000.
(S) Addition to Administration and Engineering Building, Stennis Space
Center, $3,800,000.
(T) Construction of Earth Observing System Data Information System Facility,
Goddard Space Flight Center, $8,000,000.
(U) Construction of Detector Development Laboratory, Goddard Space Flight
Center, $3,100,000.
(V) Replacement of Chillers, Central Heating/Refrigeration Plant, Goddard
Space Flight Center, $4,000,000.
(W) Replacement/Modernization of Electrical Power Feeders, Goddard Space
Flight Center, $1,500,000.
(X) Construction of Observational Instruments Laboratory, Jet Propulsion
Laboratory, $14,000,000.
(Y) Refurbishment of 25-Foot Space Simulator, Jet Propulsion Laboratory,
$13,200,000.
(Z) Restoration of Utilities, Wallops Flight Facility, $5,200,000.
(AA) Modifications to the High Pressure Air System, Langley Research Center,
$12,000,000.
(BB) Modifications to Upgrade the 30 x 60-Foot Wind Tunnel, Langley Research
Center, $4,000,000.
(CC) Repairs to the Tunnel Shell, Unitary Plan Wind Tunnel, Langley Research
Center, $2,700,000.
(DD) Rehabilitation of Central Air System, Lewis Research Center, $7,900,000.
(EE) Rehabilitation of Propulsion Systems Laboratory, Lewis Research Center,
$6,000,000.
(FF) Construction of Liquid Hydrogen Structural Test Facility, Dryden Flight
Research Facility, $18,800,000.
(GG) Rehabilitation and Modification of the Electrical Distribution System,
Dryden Flight Research Facility, $4,000,000.
(HH) Construction of Addition for Light-Alloy Research Laboratory, Langley
Research Center, $4,600,000.
(II) Construction of Space Experiments Laboratory, Lewis Research Center,
$7,100,000.
(JJ) Refurbishment of Electric Power Laboratory, Lewis Research Center,
$8,900,000.
(KK) Construction of 34-Meter Multifrequency Antenna at Goldstone, CA,
Jet Propulsion Laboratory, $13,200,000.
(LL) Rehabilitation of 70-Meter Antenna Drive Gear Boxes in Australia,
Spain, and Goldstone, CA, Jet Propulsion Laboratory, $4,400,000.
(MM) Repair of facilities at various locations, not to exceed $1,000,000
per project, $30,000,000.
(NN) Rehabilitation and modification of facilities at various locations,
not to exceed $1,000,000 per project, $34,000,000.
(OO) Minor construction of new facilities and additions to existing facilities
at various locations, not to exceed $750,000 per project, $11,000,000.
(PP) Environmental compliance and restoration, $32,000,000.
(QQ) Facility planning and design not otherwise provided for, $28,000,000.
(4) For `research and program management', for fiscal year 1991,
$2,252,900,000.
(5) For `Inspector General', $11,000,000 for fiscal year 1991.
(b) LIMITATIONS- (1)(A) Notwithstanding paragraph (4), appropriations
authorized under this section for `research and development' and `space
flight, control, and data communications' may be used--
(i) for any items of a capital nature (other than acquisition of land)
which may be required at locations other than installations of the National
Aeronautics and Space Administration for the performance of research and
development contracts; and
(ii) for grants to nonprofit 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 facilities described in clause (ii) 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
any such 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 benefit adequate to
justify the making of that grant.
(B) None of the funds appropriated for `research and development' and `space
flight, control, and data communications' pursuant to this title may be used
in accordance with this paragraph for the construction of any facility, the
estimated cost of which, including collateral equipment, exceeds $750,000,
unless 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 of such facility.
(2) Any amount appropriated pursuant to this title for `research and
development', for `space flight, control and data communications', or for
`construction of facilities' may remain available until expended. Any amount
appropriated pursuant to this title for `research and program management'
for maintenance and operation of facilities, and for other services, shall
remain available through the next fiscal year after the fiscal year for
which such amount is appropriated.
(3) Appropriations made pursuant to subsection (a)(4) may be used, but not
to exceed $35,000, for scientific consultations or extraordinary expenses
upon the approval or authority of the Administrator, and his determination
shall be final and conclusive upon the accounting officers of the Government.
(4)(A) Funds appropriated pursuant to subsection (a) (1), (2), and (4)
may be used for the construction of new facilities and additions to, or
repair, rehabilitation, or modification of existing facilities, but only
if the cost of each such project, including collateral equipment, does not
exceed $200,000.
(B) Funds appropriated pursuant to subsection (a) (1) and (2) may be used
for unforeseen programmatic facility project needs, but only if the cost of
each such project, including collateral equipment, does not exceed $750,000.
(C) Funds appropriated pursuant to subsection (a)(4) may be used for repair,
rehabilitation, or modification of facilities controlled by the General
Services Administration, but only if the cost of each project, including
collateral equipment, does not exceed $500,000.

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Authorization is hereby granted whereby any of the amounts prescribed in
section 103(a)(3) (A) through (QQ)--
(1) may be varied upward 10 percent, in the discretion of the Administrator
or the Administrator's designee, or
(2) following a report by the Administrator or the Administrator's
designee to the Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Commerce, Science, and Transportation
of the Senate, on the circumstances of such, may be varied upward 25 percent
to meet unusual cost variations.
The total cost of all work authorized under paragraphs (1) and (2) shall not
exceed the total of amounts specified in section 103(a)(3) (A) through (QQ).

6a4783bebab6e610199edb266e9e798bb8eeb0f6bcb30920bceef7fdd958da3a

Where the Administrator determines that new developments or scientific
or engineering changes in the national program of aeronautical and
space activities have occurred; and that such changes 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 authorization Act would be inconsistent
with the interest of the Nation in aeronautical and space activities; the
Administrator may transfer not to exceed one-half of 1 percent of the funds
appropriated pursuant to section 103(a) (1) or (2) to the `construction of
facilities' appropriation for such purposes. The Administrator may also
use up to $10,000,000 of the amounts authorized under section 103(a)(3)
for such purposes. The funds so made available pursuant to this section
may be expended to acquire, construct, convert, rehabilitate, or install
permanent or temporary public works, including land acquisition, site
preparation, appurtenances, utilities, and equipment. No such funds may be
obligated until a period of 30 days has passed after the Administrator or
the Administrator's designee has transmitted to the Committee on Science,
Space, and Technology of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate a written report
describing the nature of the construction, its cost, and the reasons therefor.

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Notwithstanding any other provision of this title--
(1) no amount appropriated pursuant to this title may be used for any program
deleted by the Congress from requests as originally made to either the
Committee on Science, Space, and Technology of the House of Representatives
or the Committee on Commerce, Science, and Transportation of the Senate;
(2) no amount appropriated pursuant to this title may be used for any program
in excess of the amount actually authorized for that particular program by
section 103(a) (1), (2), and (4); and
(3) no amount appropriated pursuant to this title may be used for any
program which has not been presented to either such committee,
unless a period of 30 days has passed after the receipt by each such committee
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. Any Federal department, agency, or independent establishment
shall furnish any information requested by either committee relating to any
such activity or responsibility.

9afbf7acb4d5623c854eca916058e03c566cbfa38fc4e839dcf183deb3ebf5bc

Section 203(a) of the National Aeronautics and Space Act of 1958 (42
U.S.C. 2473(a)) is amended by--
(1) striking `and' at the end of paragraph (2);
(2) striking the period at the end of paragraph (3) and inserting in lieu
thereof a semicolon; and
(3) adding at the end the following new paragraphs:
`(4) seek and encourage, to the maximum extent possible, the fullest
commercial use of space; and
`(5) encourage and provide for Federal Government use of commercially
provided space services and hardware, consistent with the requirements of
the Federal Government.'.

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(a) There are authorized to be appropriated to carry out the activities
of the National Space Council established by section 501 of the National
Aeronautics and Space Administration Authorization Act, Fiscal Year 1989 (42
U.S.C. 2471), $1,363,000 for fiscal year 1991, of which not more than $1,000
shall be available for official reception and representation expenses. The
National Space Council shall reimburse other agencies for not less than
one-half of the personnel compensation costs of individuals detailed to it.
(b) It is the sense of Congress that the National Space Council should, by
October 1, 1991, establish guidelines and policy recommendations, including
the need for licensing, for the conduct of expendable launch vehicle
operations in which a Federal agency assumes substantial responsibility
for public safety, indemnification, and administrative oversight.

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The Administrator shall distribute research and development funds
geographically in order to provide the broadest practicable participation
in the programs of the National Aeronautics and Space Administration.

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(a) GENERAL RULE- The Administrator shall award to a domestic firm a contract
that, under the use of competitive procedures, would be awarded to a foreign
firm, if--
(1) the final product of the domestic firm will be completely assembled in
the United States;
(2) when completely assembled, not less than 51 percent of the final product
of the domestic firm will be domestically produced; and
(3) the difference between the bids submitted by the foreign and domestic
firms is not more than 6 percent.
(b) EXCEPTIONS- This section shall not apply to the extent to which--
(1) such applicability would not be in the public interest;
(2) compelling national security considerations require otherwise; or
(3) the United States Trade Representative determines that such an award
would be in violation of the General Agreement on Tariffs and Trade or an
international agreement to which the United States is a party.
(c) DEFINITIONS- For purposes of this section--
(1) the term `domestic firm' means a business entity that is incorporated in
the United States and that conducts business operations in the United States;
(2) the term `foreign firm' means a business entity not described in paragraph
(1).
(d) LIMITATION- This section shall apply only to contracts for which--
(1) amounts are made available pursuant to this title; and
(2) solicitations for bids are issued after the date of enactment of this Act.

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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 the following:
(1) A report on the projected cost to complete the design, development,
and qualification of the Advanced Solid Rocket Motor. The first report shall
be submitted by March 1, 1991, and thereafter with the National Aeronautics
and Space Administration's annual budget request.
(2) An annual report on the projected unit cost of the flight motors.
(3) An annual report on the increase in space shuttle payload capability
provided by the Advanced Solid Rocket Motor. The report shall include the
original baseline payload capability, adjustments to that baseline capability,
and the projected payload capability.
(4) An assessment by the National Research Council by July 1, 1991, of the
quality assurance and testing program that will ensure the achievement of
safety and reliability for the Advanced Solid Rocket Motor.

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(a)(1) It shall be the policy of the United States to use the Space
Shuttle for purposes that (i) require the presence of man, (ii) require
the unique capabilities of the Space Shuttle or (iii) when other compelling
circumstances exist.
(2) The term `compelling circumstances' includes, but is not limited to,
occasions when the Administrator determines, in consultation with the
Secretary of Defense and the Secretary of State, that important national
security or foreign policy interests would be served by a Shuttle launch.
(3) The policy stated in subsection (a)(1) shall not preclude the use of
available cargo space, on a Space Shuttle mission otherwise consistent with
the policy described under subsection (a)(1), for the purpose of carrying
secondary payloads (as defined by the Administrator) that do not require
the presence of man if such payloads are consistent with the requirements of
research, development, demonstration, scientific, commercial, and educational
programs authorized by the Administrator.
(b) The Administrator shall, within six months after the date of enactment
of this Act, submit a report to the Congress setting forth a plan for the
implementation of the policy described in subsection (a)(1). Such plan
shall include--
(1) details of the implementation plan;
(2) a list of purposes that meet such policy;
(3) a proposed schedule for the implementation of such policy;
(4) an estimate of the costs to the United States of implementing such
policy; and
(5) a process for informing the Congress in a timely and regular manner of
how the plan is being implemented.
(c) At least annually, the Administrator shall submit to the Congress a
report certifying that the payloads scheduled to be launched on the space
shuttle for the next four years are consistent with the policy set forth in
subsection (a)(1). For each payload scheduled to be launched from the space
shuttle, which do not require the presence of man, the Administrator shall,
in the certified report to Congress, state the specific circumstances
which justified the use of the space shuttle. If, during the period
between scheduled reports to the Congress, any additions are made to the
list of certified payloads intended to be launched from the Shuttle, the
Administrator shall inform the Congress of the additions and the reasons
therefor within 45 days of the change.
(d) The report described in subsection (c) shall also include those National
Aeronautics and Space Administration payloads designed solely to fly on
the space shuttle which have begun the phase C/D of its development cycle.

dce14a3369d4d20d2cced1d172facdb3542626a4220142fc76f425a9339a46c2

(a) FINDINGS- The Congress finds that--
(1) the current knowledge base in life sciences is not compatible with the
National Aeronautics and Space Administration's current objectives in space,
and the National Aeronautics and Space Administration lacks an adequate
strategic plan to acquire a knowledge base;
(2) it is critical to the success of manned missions in space, be they
commercial operations of microgravity laboratories or manned missions to
Mars, that a realistic appraisal of the influences of the space environment
on biological systems is completed and appropriate protective countermeasures
developed;
(3) the space station is rapidly approaching design maturity without a
corresponding development of the physiological and other human factors
knowledge base necessary for long-term manned operations in space; and
(4) space station laboratory hardware specifications are being fixed before
fully establishing the objectives and requirements for life sciences research.
(b) STRATEGIC PLAN- The Administration shall--
(1) review currently proposed manned space flight missions in order to--
(A) identify the physiological and other human factors knowledge base
necessary to determine the human capacity to adapt to and perform
effectively in the space environment according to mission requirements,
including identifying which life sciences parameters must be measured and
which technologies, processes, and procedures must be developed; and
(B) develop a schedule indicating when specific components of information,
technologies, processes, or procedures identified under subparagraph
(A) will need to be acquired or developed in order to verify that human
adaptability requirements of manned space flight missions can be achieved;
(2) develop a strategy plan for life sciences research and technology
development sufficient to accomplish the life sciences knowledge base
acquisition schedule developed under paragraph (1)(B), including--
(A) a crew certification plan setting acceptable crew conditioning standards
for Extended Duration Orbiter operations and verifying countermeasures
sufficient to meet those standards before actual Extended Duration Orbiter
operations; and
(B) a life sciences implementation plan for the design and development of
the space station, to be provided as part of the Preliminary Design Review
for the space station, and to include crew adaptability standards; and
(3) verify the physiological and technical feasibility of the life sciences
implementation plan developed under paragraph (2)(B), as part of the Critical
Design Review for the space station.

5ad627244245879b39b005aab1afd579d811733c9ac5e2f0e7de968b9f72008a

(a) FINDINGS- The Congress finds that--
(1) the President on July 20, 1989, established the long-range goal of
establishing a lunar base, followed by manned exploration of Mars in the
early twenty-first century;
(2) the United States and the Soviet Union, in cooperation with other
countries, are currently planning further unmanned missions to the Moon
and to Mars with the possible goal of landing a human on Mars;
(3) a series of international missions to expand human presence beyond Earth
orbit would further a spirit of, and follow through on the commitment made in,
the 1987 agreement between the Soviet Union and the United States for space
cooperation, as well as the successful cooperative agreements the United
States has pursued with over one hundred countries since its inception,
including the agreement with Japan, Canada, and the European countries for
Space Station Freedom;
(4) international manned missions beyond Earth orbit could further encourage
a cooperative approach in world affairs unrelated to activities in space;
(5) international manned missions beyond Earth orbit could save the individual
nations involved tens of billions of dollars over national missions; and
(6) a multilateral effort for manned missions to establish a lunar colony,
a Mars mission, and any other missions that have the goal of establishing
human presence beyond Earth's orbit and possibly landing a human on Mars
would lead to greater understanding of our universe and greater sensitivity
to our own planet.
(b) STUDY- The National Space Council shall conduct a study on International
Cooperation in Planetary Exploration (hereafter in this section referred
to as the `study').
(c) PURPOSE OF STUDY- The purpose of the study is--
(1) to develop an inventory of technologies and intentions of all national
space agencies with regard to lunar and planetary exploration, both manned
and unmanned;
(2) to seek ways, through direct communication with appropriate officials
of other nations or otherwise, to enhance the planning and exchange of
information and data among the United States, the Soviet Union, European
countries, Canada, Japan, and other interested countries with respect to
unmanned projects beyond Earth orbit, in anticipation of later international
manned missions to the Moon and to other bodies, including the possible
goal of an international manned mission to Mars;
(3) to prepare a detailed proposal that most efficiently uses the resources
of the national space agencies in cooperative endeavors to establish human
presence beyond Earth orbit;
(4) to develop priority goals that accomplish unmet needs that could not
be achieved by any individual country;
(5) to explore the possibilities of international unmanned probes to the
Moon and Mars, and the possibilities for international manned missions
beyond Earth's orbit; and
(6) to devise strategies for such cooperation that would prevent the unwanted
transfer of technology.
In developing the inventory under paragraph (1), and in preparing the detailed
proposal under paragraph (3), consideration shall be given to the potential
contributions of commercial providers of space goods and services.
(d) REPORT- The National Space Council shall, within one year after the
date of the enactment of this Act, prepare and submit to Congress a report--
(1) outlining a preliminary strategy for cooperation among the United
States, the Soviet Union, European countries, Canada, Japan, and other
interested countries, based on their respective national strengths, with
respect to unmanned projects beyond Earth orbit, in anticipation of later
international manned missions to the Moon and to other bodies, including
the possible goal of an international manned mission to Mars;
(2) including a conceptual design of a possible international manned mission,
in coordination with the preliminary strategy referred to in paragraph (1),
with target dates and a breakdown of responsibilities by nation;
(3) containing an inventory of planned and anticipated missions, manned
and unmanned, that are being considered by national space agencies and
commercial providers of space goods and services; and
(4) containing an inventory of space exploration  technologies that either--
(A) are not immediately available in the United States but are available
from other nations; or
(B) are available in the United States but are available from other nations
in equal or superior form.

e6a1a1badab07b5f6ee43352f4463ed559983ac3c43aab0f7d5ba0b7a6aa4317

(a) AUTHORIZATION- There are authorized to be appropriated to the Secretary
of Commerce for the Office of Space Commerce, $487,000 for fiscal year 1991.
(b) REPORT TO CONGRESS- Commencing in fiscal year 1992, and every fiscal
year thereafter, the Secretary of Commerce shall submit 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 report of
the activities of the Office of Space Commerce, including planned programs
and expenditures.

38ace686b40a560ca117e41f499566ee9be1aaed3ae4eef1ad5247ff3bed9e99

(a) NATIONAL AERO-SPACE PLANE PROGRAM- The Secretary of Defense (hereafter
in this section referred to as the `Secretary') and the Administrator shall
jointly pursue on a high priority basis a National Aero-Space Plane program
whose objective shall be the development and demonstration, by 1997, of
a primarily air breathing single-stage-to-orbit and long range hypersonic
cruise research flight vehicle. The program shall be a research program,
and to the extent practicable technological information developed shall be
transferred to the military and to the domestic civil aviation and other
private industries.
(b) MANAGEMENT PLAN-
(1) The Secretary and the Adminstrator shall jointly develop a management
plan for the program established under subsection (a), which shall include
goals, major tasks, anticipated schedules, organizational structure, funding
profiles, details of the respective responsibilities of the Secretary and
the Administrator, and resource procurement strategies.
(2) The management plan developed pursuant to paragraph (1) shall be submitted
to the Congress within 120 days after the date of enactment of this Act.

98adc01a20ee0ede27fe5534d12b9c5501a72757a88309ee6ddfd5c4de2e5839

(a) AUTHORIZATION- Section 24 of the Commercial Space Launch Act (49
U.S.C. App. 2623) is amended by adding at the end thereof the following:
`There are authorized to be appropriated to the Secretary to carry out this
Act $4,517,000 for fiscal year 1991, of which $250,000 shall be made available
for the provision of launch services for eligible satellites in accordance
with section 6 of the Commercial Space Launch Act Amendments of 1988.'.
(b) ACQUISITION BY STATE GOVERNMENTS- Section 15(a) of the Commercial
Space Launch Act (49 U.S.C. App. 2614(a)) is amended by inserting `and
State governments' after `by the private sector'.
(c) CONGRESSIONAL FINDINGS- Section 2 of the Commercial Space Launch Act
(49 U.S.C. App. 2601) is amended--
(1) by striking `and' at the end of paragraph (6);
(2) by striking the period at the end of paragraph (7) and inserting in
lieu thereof a semicolon; and
(3) by adding at the end the following new paragraphs;
`(8) space transportation, including the establishment and operation of
launch sites and complementary facilities, the provision of launch services,
the establishment of support facilities, and the provision of support
services, is an important element of the Nation's transportation system,
and in connection with the commerce of the United States there is a need
to develop a strong space transportation infrastructure with significant
private sector involvement; and
`(9) the participation of State governments in encouraging and facilitating
private sector involvement in space-related activity, particularly through
the establishment of space transportation-related infrastructure, including
launch sites, complementary facilities, and launch site support facilities,
is in the national interest and is of significant public benefit.'.
(d) CONGRESSIONAL STATEMENT OF PURPOSE- Section 3 of the Commercial Space
Launch Act (49 U.S.C. App. 2602) is amended--
(1) by striking `and' at the end of paragraph (2);
(2) by striking the period at the end of paragraph (3) and inserting in
lieu thereof `; and'; and
(3) by inserting at the end the following new paragraph:
`(4) to facilitate the strengthening and expansion of the United States
space transportation infrastructure, including the enhancement of United
States launch sites, as well as launch site support facilities, with Federal,
State, and private sector involvement, to support the full range of United
States space-related activities.'.
(e) GENERAL RESPONSIBILITIES OF SECRETARY- Section 5(a) of the Commercial
Space Launch Act (49 U.S.C. App. 2604(a)) is amended--
(1) by striking `and' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and inserting in
lieu thereof `; and';
(3) by adding at the end the following new paragraph:
`(3) work to facilitate private sector involvement in commercial space
transportation activity, and to promote public-private partnerships involving
the Federal Government, State governments, and the private sector to build,
expand, modernize, or operate space launch infrastructure.'.

f7a67b7096daec19aea829a34ff817bbdfc81649c14c015813a2f06291531520

(a) FINDINGS- The Congress finds that--
(1) if space users fail to act soon to reduce their contribution to debris
in space, orbital debris could severely restrict the use of some orbits
within a decade;
(2) the lack of adequate data on the orbital distribution and size of debris
will continue to hamper efforts to reduce the threat that debris poses to
spacecraft; and
(3) existing international treaties and agreements are inadequate for
minimizing the generation of orbital debris or controlling its effects.
(b) SENSE OF CONGRESS- It is the sense of Congress that the goal of United
States policy should be that--
(1) the space related activities of the United States should be conducted
in a manner that does not increase the amount of orbital space debris; and
(2) the United States should engage other spacefaring Nations to develop an
agreement on the conduct of space activities that ensures that the amount
of orbital space debris is not increased.

eaafd228f2fdf01ae6b0cf001432d3550d76e7530faeb492b1ed4d54d989ae44

The Administrator is authorized to expend excess funds appropriated for
orbiter production under section 101(g) of the joint resolution entitled
`Joint Resolution making continuing appropriations for the fiscal year
1987, and for other purposes' (100 Stat. 3341-242) to maintain the space
shuttle orbiter production line and related production lines of orbiter
subcontractors.

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In any agreement entered into by the National Aeronautics and Space
Administration for an Industrial Application Center, the center shall be
allowed to retain all client income without any deductions from appropriated
funds received or to be received by that center.

7c37637d68fa849d6ee65d693a95401e2b6e7a933cc3279fd514117a12d4b69a

(a) ESTABLISHMENT- (1) The National Space Council shall establish a Users'
Advisory Group composed of non-Federal representatives of industries and
other persons involved in aeronautical and space activities.
(2) The Vice President shall name a chairman of the Users' Advisory Group.
(3) The National Space Council shall from time to time, but not less than
once a year, meet with the Users' Advisory Group.
(4) The function of the Users' Advisory Group shall be to ensure that the
interests of industries and other non-Federal entities involved in space
activities, including in particular commercial entities, are adequately
represented in the National Space Council.
(5) The Users' Advisory Group may be assisted by personnel detailed to the
National Space Council.
(b) EXEMPTION- The Users' Advisory Group shall not be subject to section
14(a)(2) of the Federal Advisory Committee Act.

e970552311b4013c77c5bca6770a4ee3cf7cee340885aed1cc5c58cebb60c9b1

The Administrator may purchase approximately 8 acres within section 16,
Township 3 North, Range 26 East, N.M.P.M., De Baca County, New Mexico,
to use as a balloon launching facility.

979359752808f4329d524b4f9d691a647bc1c3214b659ed6ad83adc5e86c5762

No civil space station authorized under section 103(a)(1) of this Act may
be used to carry or place in orbit any nuclear weapon or any other weapon
of mass destruction, to install any such weapon on any celestial body, or
to station any such weapon in space in any other manner. This civil space
station may be used only for peaceful purposes.

f1c27eb854c00b5fb56d56d508cb623d407fe2b37d10f65838f9615db1ee4c49

The Administrator may utilize up to 5 percent of the funds provided for
the Small Business Innovation Research Program for program management and
promotional activities.

1de64a2ff945d3aa55bfef0cd2243dd595e10327cd5228f3b71a47f3477030ab

By July 1, 1991, 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 assessment by the
National Research Council of the requirements, benefits, technological
feasibility, and roles of Earth-to-orbit propulsion system options that
could be developed in support of the national space program including the
assembly and operation of the Space Station and potential space activities
beyond the year 2000.

a4d5bdfc7c07263949a317bdb0eabe699f9adfbe4df9ee23176e1278c84a862d

Not later than 90 days after the date of enactment of this Act, the Director
of the Office of Science and Technology Policy shall report to the Congress
on the advisability of establishing a permanent National Civil Remote-Sensing
Advisory Committee. The report should address concerns related to national
security, conflict of interest, and duplication of existing authorities. In
preparing the report, the Director shall assess the effectiveness of a
National Civil Remote-Sensing Advisory Committee comprised of interested
private-sector persons (including remote-sensing data users, data vendors,
technology developers, system operators, information management and
telecommunications specialists, and social scientists) which would--
(1) provide advice and policy recommendations to the President,
the President's Science Advisor, the National Aeronautics and Space
Administration, the National Oceanic and Atmospheric Administration, and
relevant committees of the Congress on the development of a national civil
remote-sensing policy that would be responsive to both user needs and global
developments, in terms of--
(A) coordinating land, oceanic, and atmospheric remote-sensing systems,
including ground stations;
(B) coordinating research and development, applications, and commercial
remote-sensing activities;
(C) fostering effective integration of satellite, aerial, and in situ
data; and
(D) assessing current institutional arrangements for the management,
exploitation, and sharing of both real-time and archived data;
(2) provide recommendations on the conduct of cooperative test and
applications demonstration projects designed to manage environmental
pollution and the use of natural resources; and
(3) coordinate with the  United States Global Change Research Program on
issues of mutual concern.

d2d5871a59b0c2e05983f00a8c56b730befdd4dc81fe018c18384dab91d9bbad

For purposes of this title, the term `Administrator' means the Administrator
of the National Aeronautics and Space Administration.

57e37482b54a643383f8a8124fa909e707f860cf19b90e232185f746d44bc98d

This title may be cited as the `Launch Services Purchase Act of 1990'.

34eab85c7f5961a0bbbd8ee9ea51f74be0a93f5de436f934100650577b1f1cbd

TITLE II

-LAUNCH SERVICES PURCHASE

The Congress finds that--
(1) the United States commercial launch industry is technically capable of
providing reliable and cost efficient access to space and is an essential
component of national efforts to assure access to space for Government and
commercial users;
(2) the Federal Government should encourage, facilitate, and promote the
United States commercial launch industry, including the development and
enhancement of commercial launch facilities, in order to ensure United
States economic preeminence in space;
(3) the interests of the United States will be served if the commercial
launch industry is competitive in the international marketplace;
(4) commercial vehicles are effective means to challenge foreign competition;
(5) the use by the Federal Government of performance specifically in lieu
of detailed specifications relating to vehicle design, construction, and
operation will facilitate the efficient operation of the United States
commercial launch industry;
(6) the procurement of commercial launch services in a commercially reasonable
manner permits a reduced level of Federal Government regulation and oversight
and economies of scale which may result in significant cost savings to the
commercial launch industry and to the United States.
(7) it is the general policy of the Federal Government to purchase needed
goods and services, including launch services, from the private sector to
the fullest extent feasible; and
(8) predictable access to National Aeronautics and Space Administration
launch markets would encourage continuing United States private sector
investment in space and related activities.

8db06b0bbf03a70beca0c67afc02aa4d7dc2392541b797970c880bb54908a389

For the purposes of this title--
(1) the term `commercial provider' means any person providing launch services,
but does not include the Federal Government;
(2) the term `launch services' means activities involved in the preparation
of a launch vehicle and its payload for space transport and the conduct of
transporting a payload;
(3) the term `launch vehicle' means any vehicle constructed for the purpose
of operating in, or placing a payload in, outer space; and
(4) the term `payload' means an object which a person undertakes to place
in outer space by means of a launch vehicle, and includes subcomponents of
the launch vehicle specifically designed or adapted for that object.

b5ab56e6e594c0f212d2c5f10ddb1b7e5a5157048df25d7d5241326382b50098

(a) IN GENERAL- Except as otherwise provided in this section, the National
Aeronautics and Space Administration shall purchase launch services for
its primary payloads from commercial providers whenever such services are
required in the course of its activities.
(b) EXCEPTIONS- The National Aeronautics and Space Administration shall
not be required to purchase launch services as provided in subsection (a)
if, on a case by case basis the Administrator of the National Aeronautics
and Space Administration determines that--
(1) the payload requires the unique capabilities of the space shuttle;
(2) cost effective commercial launch services to meet specific mission
requirements are not reasonably available and would not be available when
required;
(3) the use of commercial launch services poses an unacceptable risk of
loss of a unique scientific opportunity; or
(4) the payload serves national security or foreign policy purposes.
Upon any such determination, the Administrator shall, within 30 days, notify
in writing 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 determination and its rationale.
(c) NATIONAL AERONAUTICS AND SPACE ADMINISTRATION LAUNCH VEHICLES- Launch
vehicles shall be acquired or owned by the National Aeronautics and Space
Administration only--
(1) as required under circumstances described in subsection (b); or
(2) by the National Aeronautics and Space Administration for conducting
research and development on, and testing of, launch technology.
(d) PHASE-IN PERIOD- Subsections (a) and (c) shall not apply to launch
services and launch vehicles purchased by the National Aeronautics and
Space Administration before the date of enactment of this Act.
(e) HISTORICAL PURPOSES- This title shall not be interpreted to prohibit
the National Aeronautics and Space Administration from acquiring, owning,
or maintaining launch vehicles solely for historical display purposes.

5ccd9f9e94fa18bf8378234ebad3371e2918a1135aaeedf39f5b360e0c37ebcf

(a) FULL AND OPEN COMPETITION- (1) Contracts to provide launch services to
the National Aeronautics and Space Administration under section 204 shall
be awarded on the basis of full, fair, and open competition, consistent
with section 2304 of title 10, United States Code, and section 311 of the
National Aeronautics and Space Act of 1958.
(2) The National Aeronautics and Space Administration shall limit its
requirements for submission of cost or pricing data in support of a bid or
proposal to that data which is reasonably required to protect the interests
of the United States.
(b) SPECIFICATION SYSTEMS- Reasonable performance specifications, not
detailed Government design or construction specifications, shall be used to
the maximum extent feasible to define requirements for a commercial provider
bidding to provide launch services. This subsection shall not preclude the
National Aeronautics and Space Administration from requiring compliance
with applicable safety standards.

c6edb60274822c694c9d2acc60338716eaca001be7a7d94e259a8a2e47e0cb2d

ADMINISTRATION.
(a) COMMERCIAL PAYLOADS ON THE SPACE SHUTTLE- Commercial payloads may not
be accepted for launch as primary payloads on the space shuttle unless
the Administrator of the National Aeronautics and Space Administration
determines that--
(1) the payload requires the unique capabilities of the space shuttle; or
(2) launching of the payload on the space shuttle is important for either
national security or foreign policy purposes.
(b) REPORT- By March 15, 1991, the Administrator, in consultation with
the Office of Federal Procurement Policy, 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 a report
outlining the minimal requirements for documentation and other administrative
data needed to procure launch services in a commercially reasonable manner,
including--
(1) the need for data to integrate a payload with a launch vehicle;
(2) the need for data to carry out mission-specific modifications to the
launch vehicle;
(3) the need for notification to the National Aeronautics and Space
Administration of changes, delays, or difficulties in the construction or
preparation of a launch vehicle that may affect the delivery of its payload
to its destination at the time and under the conditions provided for under
the contract between the United States and its contractors;
(4) the need for data to protect public health and safety; and
(5) the need for cost or pricing data for the fulfillment of a contract.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

ac1a22b8f2db5f06536b9cedf2413e655a602b6114e00152cfdb4ab473d79295

National Aeronautics and Space Administration Authorization Act, Fiscal Year 1991

Other Sections

TITLE I

TITLE II

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