Text: S.2287 — 101st Congress (1989-1990)All Information (Except Text)

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--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,
SECTION 1. SHORT TITLE.
 This Act may be cited as the `National Aeronautics and Space Administration
 Authorization Act, Fiscal Year 1991'.
TITLE I--NATIONAL AERONAUTICS AND SPACE ADMINISTRATION AUTHORIZATIONS
SEC. 101. FINDINGS.
 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.
SEC. 102. POLICY.
 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.
SEC. 103. AUTHORIZATION OF APPROPRIATIONS.
 (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.
SEC. 104. CONSTRUCTION OF FACILITIES REPROGRAMMING.
 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).
SEC. 105. SPECIAL REPROGRAMMING AUTHORITY FOR CONSTRUCTION OF FACILITIES.
 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.
SEC. 106. CONSIDERATION BY COMMITTEES.
 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.
SEC. 107. AMENDMENTS TO THE NATIONAL AERONAUTICS AND SPACE ACT OF 1958.
 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.'.
SEC. 108. NATIONAL SPACE COUNCIL AUTHORIZATION.
 (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.
SEC. 109. GEOGRAPHICAL DISTRIBUTION.
 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.
SEC. 110. BUY AMERICAN.
 (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.
SEC. 111. ADVANCED SOLID ROCKET MOTOR.
 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.
SEC. 112. SPACE SHUTTLE USE POLICY.
 (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.
SEC. 113. LIFE SCIENCES STRATEGIC PLAN.
 (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.
SEC. 114. STUDY ON INTERNATIONAL COOPERATION IN PLANETARY EXPLORATION.
 (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.
SEC. 115. OFFICE OF SPACE COMMERCE.
 (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.
SEC. 116. NATIONAL AERO-SPACE PLANE PROGRAM.
 (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.
SEC. 117. COMMERCIAL SPACE LAUNCH ACT AMENDMENTS.
 (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.'.
SEC. 118. SPACE DEBRIS.
 (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.
SEC. 119. SUPPORT FOR SPACE SHUTTLE ORBITER PRODUCTION LINE.
 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.
SEC. 120. INDUSTRIAL APPLICATION CENTERS.
 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.
SEC. 121. USERS' ADVISORY GROUP.
 (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.
SEC. 122. SCIENTIFIC BALLOON LAUNCH SITE.
 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.
SEC. 123. PEACEFUL USES OF SPACE STATION.
 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.
SEC. 124. SMALL BUSINESS INNOVATION RESEARCH PROGRAM.
 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.
SEC. 125. PROPULSION STRATEGIC ASSESSMENT.
 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.
SEC. 126. NATIONAL CIVIL REMOTE-SENSING ADVISORY COMMITTEE.
 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.
SEC. 127. DEFINITION.
 For purposes of this title, the term `Administrator' means the Administrator
 of the National Aeronautics and Space Administration.
TITLE II--LAUNCH SERVICES PURCHASE
SEC. 201. SHORT TITLE.
 This title may be cited as the `Launch Services Purchase Act of 1990'.
SEC. 202. FINDINGS.
 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.
SEC. 203. DEFINITIONS.
 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.
SEC. 204. REQUIREMENT TO PROCURE COMMERCIAL LAUNCH SERVICES.
 (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.
SEC. 205. PURCHASE OF LAUNCH SERVICES.
 (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.
SEC. 206. OTHER ACTIVITIES OF THE NATIONAL AERONAUTICS AND SPACE
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.

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