Public Law 102–588

investments in research and development are directly linked to long-term productivity and economic growth;

as a major driver of advanced technology, the space program can play a major role in the Nation’s reinvestment in civilian research and development;

in addition to carrying out the Nation’s goals in science and exploration, the space program makes a significant and direct contribution to the national employment base and, through the development of advanced technologies, will contribute to sustaining a healthy employment base and economy in the future;

the long-term health of the United States space program is critically dependent on maintaining a stable and continuously evolving core program of science, space transportation, space exploration, space technology, and space applications;

such a core program must be based on a realistic projection of resources that will be available and, in the near term, should not exceed inflationary growth;

in addition to carrying out a core space program, international leadership, technological advancement, and expanded scientific knowledge will be enhanced by an expanded space program based on special initiatives in science, exploration, space transportation, space technology, and space applications;

the Nation’s space program can provide a productive environment for utilizing the skills of scientists and engineers formerly involved in the Nation’s defense sector;

civil space activities of the United States, whether made possible by, or in response to. Cold War strategic competition with the Soviet Union, must, in an era of declining political conflict, mature as instruments of United States foreign policy, and grow to support the national interest during the post Cold War era;

the national interest is furthered by trade and cooperation among friendly nations, and to the extent the former Soviet republics have shown themselves willing and capable of fostering a friendship with the United States, the national interest is furthered through trade and cooperation of mutual advantage between the United States and the former Soviet republics in civil aerospace, space science, and space exploration;

a vigorous and coordinated effort by the United States and other spacefaring nations is needed to minimize the growth of orbital debris, and space activities should be conducted in a manner that minimizes the likelihood of additional orbital debris creation;

the aerospace industry, rooted in aeronautics, is a major positive contributor to United States international influence and competitiveness;

aeronautical research and development sustains our leadership in air transport and military aviation worldwide; and (13) the National Aero-Space Plane is a core technology for any national aerospace policy and will permit the United States to maintain a worldwide competitive posture into the future.

Research And Development.—

There are authorized to be appropriated to the National Aeronautics and Space Administration to become available October 1, 1992, for “Research and Development” for the following programs:

Space Flight, Control, And Data Communications.—

There are authorized to be appropriated to the National Aeronautics and Space Administration to become available October 1, 1992, for “Space Flight, Control, and Data Communications” for the following programs:

Construction Of Facilities.—

There are authorized to be appropriated to the National Aeronautics and Space Administration to become available October 1, 1992, for “Construction of Facilities”, including land acquisition, as follows:

Research And Program Management.—

There are authorized to be appropriated to the National Aeronautics and Space Administration to become available October 1, 1992, for “Research and Program Management” $1,654,000,000.

Inspector General.—

There are authorized to be appropriated to the National Aeronautics and Space Administration to become available October 1, 1992, for “Inspector General” $15,900,000.

Reports On New Launch System And Expendable Launch Vehicles.—

Earth Observing System.—

Report On Space Transportation Enhancement.—

By September 30, 1993, the Administrator shall submit to Congress a mil report outlining the specific actions recommended under subsection (b)(2).

Authorized Uses.—

Appropriations authorized under this Act for “Research and Development” and “Space Flight, Control, and Data Communications” may be used for—

Vesting Of Title; Grant Conditions.—

Title to facilities described in subsection (a)(2) 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 grant under subsection (a)(2) 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.

Limitation.—

None of the funds appropriated for “Research and Development” and “Space Flight, Control, and Data Communications” pursuant to this Act may be used in accordance with this section 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 Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives of the nature, location, and estimated cost of such facility. 42 use 2459a.

Appropriations authorized under this Act for Research and Development” may he used, hut not to exceed $35,000, for scientific consultations or extraordinary expenses upon the approval or authority of the Administrator, and the Administrator’s determination shall be final and conclusive upon the accounting officers of the Government.

Use For Facilities.—

in the discretion of the Administrator or the Administrator’s designee, may be varied upward by 10 percent; or

following a report by the Administrator or the Administrator’s designee to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives on the circumstances of such action, may be varied upward by 25 percent, to meet unusual cost variations.

The total amount authorized to be appropriated for “Construction of Facilities” shall not be increased as a result of actions authorized under paragraphs (1) and (2).

no amount appropriated pursuant to this Act may be used for any program deleted by the Congress from requests as originally made to either the Committee on Commerce, Science, and Transportation of the Senate or the Committee on Science, Space, and Technology of the House of Representatives;

no amount appropriated pursuant to this Act may be used for any program in excess of the amount actually authorized for that particular program by section 102 (a), (b), and (d); and

no amount appropriated pursuant to this Act 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 or the Administrator’s designee 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 Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives 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.

the portion of such appropriations which are for pro grams, projects, or activities not specifically authorized under this Act, or which are in excess of amounts authorized for the relevant program, project, or activity under this Act; and

the portion of such appropriations which are specifically authorized under this Act.

a five-year budget detailing the estimated development costs for each individual program under the jurisdiction of the National Aeronautics and Space Administration for which development costs are expected to exceed $200,000,000; and

an estimate of the life-cycle costs associated with each such program.

by striking “1992” and all that follows through “(2)” and inserting in lieu thereof “1993.”; and

by adding at the end the following: There are authorized to be appropriated to the Secretary for fiscal year 1993 $4,900,000 to carry out this Act. The Secretary may not collect any user fees for any regulatory or other services conducted pursuant to this Act, unless specifically authorized by this Act.”.

Report on Single Stage Rocket Technology Fight Test Program.—

Not later than 45 days following completion of the Strategic Defense Initiative Organization’s Single Stage Rocket Technology flight test program, the Administrator shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives providing an independent analysis of the program and the potential application of this launch technology to the civil space program.

National Aerospace Transportation Technology Plan.—

Not later than 180 days after the date of enactment of this Act, the National Space Council, in consultation with 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 national aerospace transportation technology plan. The plan shall consider—

Sense Of Congress.—

It is the sense of Congress that—

Report To Congress.—

At the earliest practicable date, but not later than September 1, 1993, the National Aeronautics and Space Administration shall submit to Congress its plan for continuing SAFISY activities, with particular reference to planned coordination of current and future complementary Earth and space science research findings, and other acts of multilateral scientific cooperation.

Report To Congress.—

Within one year after the date of enactment of this Act, the President shall submit to Congress a report describing—

Notification To Congress.—

If any United states Government agency denies a request for a license or other approval that may be necessary to conduct discussions on space-related matters with the independent states of the former Soviet Union, that agency shall immediately notify the Speaker of the House of Representatives and President of the Senate. Each such notification shall include a statement of the reasons for the denial.

Role Of The Office Of Space Commerce.—

The Office of Space Commerce of the Department of Commerce is authorized and encouraged to conduct trade missions to appropriate independent states of the former Soviet Union for the purpose of familiarizing United states aerospace industry representatives with space hardware, space technologies, and space services that may be available from the independent states, and with the business practices and overall business climate in the independent states. The Office of Space Commerce shall also advise the Administrator as to the impact on United states industry of each potential acquisition of space hardware, space technology, or space services from the independent states of the former Soviet Union, specifically including any anticompetitive issues the Office may observe.

Compliance With Buy American Act.—

Inapplicability In Case Of Violation Of International Agreement.—

This section shall not apply to the extent that the United States Trade Representative determines that an award under this section would be in violation of the General Agreement on Tariffs and Trade or an international agreement to which the United States is a party.

Definitions.—

For the purposes of this section, the term, “domestic product” means a product—

General Rule.—

In meeting the needs of the National Aeronautics and Space Administration for additional facilities, the Administrator shall investigate the use of abandoned and underutilized buildings, grounds, and facilities in depressed communities that can be converted to National Aeronautics and Space Administration facilities and shall prioritize such uses where cost effective, as determined by the Administrator.

Definition.—

For purposes of this section, the term “depressed communities” means rural and urban communities that are relatively depressed, in terms of age of housing, extent of poverty, growth of per capita income, extent of unemployment, job lag, or surplus labor.

the report of the Advisory Committee on the Future of the United States Space Program has provided a framework within which a consensus on the goals of the space program can be developed;

the National Aeronautics and Space Administration’s space science and applications, aeronautical research and technology, and space research and technology programs will serve as the fulcrum for future initiatives by the United States in civil space and aviation;

colleges and universities in many States are currently not able to compete successfully for research grants awarded by the National Aeronautics and Space Administration through its space science and applications, aeronautical research and technology, and space research and technology programs;

balanced programs of space science and applications, aeronautical research and technology, and space research and technology should include initiatives designed to foster competitive research capacity in all geographic areas of the Nation; and

by strengthening the competitive research capacity in those geographic areas of the Nation which are not currently fully competitive, the education and training of scientists and engineers important to the future of the United States civil space and aviation programs will be fostered.

use Administrator, in planning for national programs in space science and applications, aeronautical research, space flight, and exploration, snould ensure the resilience of the space and aeronautics research infrastructure;

a stable and balanced program of space science and applications, aeronautical research and technology, and space research and technology should include programs to assure that geographic areas of the United States that currently do not successfully participate in competitive space and aeronautical research activities are enabled to become more competitive; and

programs to improve competitive capabilities should be a part of the research and the educational activities of the National Aeronautics and Space Administration.

Competition.—

Making use of the existing infrastructure established in eligible States by the National Science Foundation, the Administrator shall conduct a merit grant competition among the eligible States in areas of research important to the mission of the National Aeronautics and Space Administration. With respect to a grant application by an eligible State, the Administrator shall consider—

Supplemental Grants.—

The Administrator shall endeavor, where appropriate, to supplement grants made under subsection (a) with such grants for fellowships, traineeships, equipment, or instrumentation as are available.

Eligible States Defined.—

In this section, the term “eligible State” means a State designated by the Administrator as eligible to compete in the Foundation’s Experimental Program to Stimulate Competitive Research.

Assessment.—

Within 180 days after the date of enactment of this Act, the Administrator, in coordination as necessary with the Office of Federal Procurement Policy and the Federal Acquisition Regulation Council, shall carry out an assessment of the allocation of risk between the National Aeronautics and Space Administration and its contractors for future research and development contracts in order to identify options for allocating risk for correction of defects in materials and workmanship or other failures to conform to contract0s.

Contents.—

In carrying out the assessment required by subsection (a), the Administrator shall consider—

the establishment of policies and procedures for the use of performance-based contracts, incorporating positive and/ or negative fee incentives to the maximum extent practicable; and

the establishment of policies and procedures—

the term “performance-based contracting” means structuring all aspects of an acquisition around the purpose of the work to be performed as opposed to either the manner by which the work is to be performed or broad statements of work;

the term “positive fee incentive” means that element of the potential total remuneration that a contractor may receive for contract performance over and above the allowable costs;

the term “negative fee incentive” means a rebate pay able to the National Aeronautics and Space Administration by a contracting party whose deliverable item or service is not in conformance with contract requirements or is otherwise deemed to be defective work; and

the term “rollover” means the act of reallocating any positive fee incentives not earned by a contractor due to less than excellent performance to subsequent opportunities for award available in the contract.

commercial activities of the private sector have substantially contributed to the strength of both the United States space program and the national economy;

a robust United States space transportation capability remains a vital cornerstone of the United States space program;

the availability of commercial launch services is essential for the continued growth of the United States commercial space sector;

a timely extension of the excess third party claims payment provisions of the Commercial Space Launch Act is appropriate and necessary to enable the private sector to continue covering maximum probable liability risks while protecting the private sector from uninsurable levels of liability which could hinder international competitiveness;

a program to demonstrate how recipients of Federal grants can purchase launch services directly from the private sector has the potential to improve the capabilities of the United States commercial launch industry;

improvements and additions to the Nation’s space transportation infrastructure contribute to a robust and cost effective space transportation capability for both public sector and private sector users;

private sector use of available Government facilities on a reimbursable basis contributes to a stronger commercial space sector;

the Federal Government should purchase space goods and services which are commercially available, or coma be made available commercially in response to a Government procurement request, whenever such goods or services meet Government mission requirements in a cost effective manner;

it is appropriate for the Government to act as an anchor tenant for commercial space development projects which have a reasonable potential to develop non-Federal markets and which meet Federal needs in a cost effective manner; and

the provision of compensation to commercial providers of space goods and services for termination of contracts at the convenience of the Government assists in enabling the private sector to invest in space activities which are initially dependent on Government purchases.

the term “agency” means an executive agency as defined by section 105 of title 5, United States Code;

the term “anchor tenancy” means an arrangement in which the United States Government agrees to procure sufficient quantities of a commercial space product or service needed to meet Government mission requirements so that a commercial venture is made viable;

the term “commercial” means having.—

the term “cost effective” means costing no more than the available alternatives, determined by a comparison of all related direct and indirect costs including, in the case of Government costs, applicable Government labor and overhead costs as well as contractor charges, and taking into account the ability of each alternative to accommodate mission requirements as well as the related factors of risk, reliability, schedule, and technical performance;

the term “launch” means to place, or attempt to place, a launch vehicle and its payload, if any, in a suborbital trajectory, in Earth orbit in outer space, or otherwise in outer space;

the term “launch services” means activities involved in the preparation of a launch vehicle and its payload for launch and the conduct of a launch;

the term “launch support facilities” means facilities located at launch sites or launch ranges that are required to support launch activities, including launch vehicle assembly, launch vehicle operations and control, communications, flight safety functions, and payload operations, control, and processing.

the term “launch vehicle” means any vehicle constructed for the purpose of operating in or placing a payload in, outer space or in suborbital trajectories, and includes components of that vehicle;

the term “payload” means an object which a person undertakes to launch, and includes subcomponents of the launch vehicle specifically designed or adapted for that object;

the term “payload integration services” means activities involved in integrating multiple payloads into a single payload for launch or integrating a payload with a launch vehicle;

the term “space recovery support facilities” means facilities required to support activities related to the recovery of payloads returned from space to a space recovery site, including operations and control, communications, flight safety functions, and payload processing;

the term space transportation infrastructure” means facilities, associated equipment, and real property, including launch sites, launch support facilities, space recovery sites, and space recovery support facilities, required to perform launch or space recovery activities;

the term “State” means the several States, the District of Columbia, Puerto Rico, American Samoa, the United States Virgin Islands, Guam, the Northern Mariana Islands, and any other commonwealth, territory, or possession of the United States; and

the term “United States” means the States, collectively.

Commercial Space Voucher Demonstration Program; Effective Period.—

The Administrator shall establish a demonstration program to award vouchers for the payment of commercial launch services and payload integration services for the purpose of launching payloads funded by the Office of Commercial Programs within the National Aeronautics and Space Administration to become effective October 1, 1993. Such program shall not be effective after September 30, 1995.

Award Of Vouchers.—

The Administrator shall award vouchers under subsection (a) to appropriate individuals as a part of grants administered by the National Aeronautics and Space Administration for the launch of—

Assumption Of Certain Responsibilities.—

In carrying out the demonstration program established under subsection (a), the Administrator, in awarding vouchers, is limited to the launch of payloads funded by the Office of Commercial Programs within the National Aeronautics and Space Administration.

Assistance.—

The Administrator may provide voucher award recipients with such assistance, including contract formulation and technical support during the proposal evaluation, as may be necessary, to ensure the purchase of cost effective and reasonably reliable commercial launch services and payload integration services.

Report.—

The Administrator shall conduct an ongoing review of the program established under this section, and shall, not later than January 31, 1995, report to Congress the results of such a review, together with recommendations for further action relating to the program.

Definitions.—

For the purposes of this section—

Establishment Of Grant Program.—

In order to ensure the resiliency of the Nation’s space transportation infrastructure, the Secretary is authorized to make project grants to sponsors in accordance with this section. There is authorized to be appropriated $10,000,000 for such grants beginning after September 30, 1992. Such funds shall remain available until expended.

Selection Of Projects.—

Submission And Approval Of Project Grant Applications.—

Environmental Requirements.—

Allocation Of Project Costs.

Identification.—

The Administrator and the Secretary of Defense, as appropriate, in coordination with the Secretary of Transportation, shall conduct an inventory and identify all launch support facilities owned by the United States Government. To the extent practicable, the Administrator and the Secretary of Defense shall also identify any launch support facilities which could be made available for use by non-Federal entities on a reimbursable basis without interfering with Federal activities.

Report To Congress.—

Not later than 1 year after the date of enactment of this Act, the Administrator and the Secretary of Defense each shall submit to Congress a report containing the results of the identification required under subsection (a). Portions of such report may be classified! and protected from public disclosure if such classification is necessary to protect national security.

Anchor Tenancy Contracts.—

Subject to appropriations, the Administrator or the Administrator of the National Oceanic and Atmospheric Administration may enter into multiyear anchor tenancy contracts for the purchase of a good or service if the appropriate Administrator determines that—

Termination Liability.—

Limitations.—

Authority.—

Federal agencies, including the National Aeronautics and Space Administration and the Department of Defense, may allow non-Federal entities to use their space-related facilities on a reimbursable basis if the Administrator, the Secretary of Defense, or the appropriate agency head determines that—

Reimbursement Payment.—

by inserting “(a)” after “SEC. 303”;

by striking “and (B)” and inserting in lieu thereof “(B)”;

by inserting “, and (C) information described in sub section (b)” after “national security”; and

by adding at the end the following new subsection:

“(b)“(b)

The Administrator, for a period of up to 5 years after the development of information that results from activities conducted under an agreement entered into under section 203(c)(5) and (6) of this Act, and that would be a trade secret or commercial or financial information that is privileged or confidential under the meaning of section 552(b)(4) of title 5, United States Code, if the information had been obtained from a non-Federal party participating in such an agreement, may provide appropriate protections against the dissemination of such information, including exemption from subchapter II of chapter 5 of title 5, United States Code.”.

#

Establishment.—

There is established a Commercial Space Achievement Award. The award shall consist of a medal, which shall be of such design and materials and bear such inscriptions as determined by the Secretary of Commerce. A cash prize may also be awarded if funding for the prize is available under subsection (d).

Criteria For Award.—

The Secretary of Commerce shall periodically make, and the Chairman of the National Space Council shall present, awards under this section to individuals, corporations, corporate divisions, or corporate subsidiaries substantially engaged in commercial space activities who in the opinion of the Secretary of Commerce best meet the following criteria:

Limitations.—

No individual or corporate entity may receive an award under this section more than once every 5 years.

Funding For Award.—

The Secretary of Commerce may seek and accept gifts of money from public and private sources for the purpose of making cash prize awards under this section. Such money may be used only for that purpose, only such money may be used for that purpose, and the Secretary of Commerce shall make publicly available an itemized list of the sources of such funding.

me space program can make significant contributions to selected areas of health-related research and should be an integral part of the Nation’s health research and development program;

the continuing development of trained scientists and engineers is essential to carrying out an effective and sustained program of biomedical research in space and on the ground;

the establishment and maintenance of an electronically accessible archive of data on space-related biomedical research is essential to advancement of the field;

cooperation with the republics of the former Soviet Union, including use of former Soviet orbital facilities, offers the potential for greatly enhanced biomedical research activities and progress; and

the establishment and maintenance of an international telemedicine consultation satellite capability to support emergency medical service provision can provide an important aid to disaster relief efforts.

Establishment.—

The Administrator and the Director of the National Institutes of Health shall jointly establish a working group to coordinate biomedical research activities in areas where a microgravity environment may contribute to significant progress in the understanding and treatment of diseases and other medical conditions. The joint working group shall formulate joint and complementary programs in such areas of research.

Membership.—

The joint working group shall include equal representation from the National Aeronautics and Space Administration and the National Institutes of Health, and shall include representation from National Institutes of Health councils, as selected by the Director of the National Institutes of Health, and from the National Aeronautics and Space Administration Advisory Council.

Annual Reporting Requirement.—

Annual Biomedical Research Symposia.—

The working group shall organize annual symposia on biomedical research described in subsection (a) under the joint sponsorship of the National Aeronautics and Space Administration and the National Institutes of Health.

Research Opportunity Announcements.—

The grants program established under subsection (a) shall annually issue joint research opportunity announcements under the sponsorship of the National Institutes of Health and the National Aeronautics and Space Administration. Responses to the announcements shall be evaluated by a peer review committee whose members shall be selected by the Director of the National Institutes of Health and the Administrator, and shall include individuals not employed by the National Aeronautics and Space Administration or the National Institutes of Health.