Text: H.R.1988 — 102nd Congress (1991-1992)All Information (Except Text)

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--H.R.1988--
H.R.1988
One Hundred Second Congress of the United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Thursday, the third day of January,
one thousand nine hundred and ninety-one
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, research and program management,
and Inspector General, 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 1992'.
SEC. 2. FINDINGS.
 Congress finds that--
 (1) 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;
 (2) a balanced civil space science program should be funded at a level of
 at least 20 percent of the aggregate amount in the budget of the National
 Aeronautics and Space Administration for `Research and development' and
 `Space flight, control, and data communications';
 (3) development of an adequate data base for life sciences in space will
 be greatly enhanced through closer scientific cooperation with the Soviet
 Union, including active use of manned Soviet space stations;
 (4) the space program can make substantial contributions to health-related
 research and should be an integral part of the Nation's health research
 and development program;
 (5) Landsat data and the continuation of the Landsat system beyond Landsat 6
 are essential to the Mission to Planet Earth and other long-term environmental
 research programs;
 (6) increased use of defense-related remote sensing data and data technology
 by civilian agencies and the scientific community can benefit national
 environmental study and monitoring programs;
 (7) the generation of trained scientists and engineers through educational
 initiatives and academic research programs outside of the National Aeronautics
 and Space Administration is essential to the future of the United States
 civil space program;
 (8) the strengthening and expansion of the Nation's space transportation
 infrastructure, including the enhancement of launch sites and launch site
 support facilities, are essential to support the full range of the Nation's
 space-related activities;
 (9) the aeronautical program contributes to the Nation's technological
 competitive advantage, and it has been a key factor in maintaining preeminence
 in aviation over many decades; and
 (10) the National Aero Space Plane program can have benefits to the military
 and civilian aviation programs from the new and innovative technologies
 developed in propulsion systems, aerodynamics, and control systems that
 could be enormous, especially for high-speed aeronautical and space flight.
SEC. 3. POLICY.
 It is the policy of the United States that--
 (1) the Administrator of the National Aeronautics and Space Administration
 (hereinafter referred to as the `Administrator'), in planning for national
 programs in environmental study and human space flight and exploration,
 should ensure the resiliency of the space infrastructure;
 (2) a stable and balanced program of civil space science should be planned
 to minimize future year funding requirements in order to accommodate a
 steady stream of new initiatives;
 (3) any new launch system undertaken or jointly undertaken by the National
 Aeronautics and Space Administration should be based on defined mission
 and program requirements or national policies established by Congress;
 (4) in fulfilling the mission of the National Aeronautics and Space
 Administration to improve the usefulness, performance, speed, safety,
 and efficiency of space vehicles, the Administrator should establish a
 program of research and development to enhance the competitiveness and cost
 effectiveness of commercial expendable launch vehicles; and
 (5) the National Aeronautics and Space Administration should 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.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS FOR NASA.
 (a) RESEARCH AND DEVELOPMENT- There is authorized to be appropriated to the
 National Aeronautics and Space Administration to become available October 1,
 1991, for `Research and development', for the following programs:
 (1) United States International Space Station Freedom, $2,028,900,000 for
 fiscal year 1992, of which $18,000,000 is authorized for the design and
 development of an Assured Crew Return Vehicle.
 (2) Space transportation capability development, $679,800,000, of which
 $40,000,000 is authorized for propulsion technology development, and
 $10,000,000 is authorized for launch vehicle design studies, including
 single-stage-to-orbit vehicles.
 (3) Physics and astronomy, $1,104,600,000, of which $3,000,000 is authorized
 for carrying out scientific programs which have otherwise been eliminated
 from the Space Station.
 (4) Life sciences, $163,900,000.
 (5) Planetary exploration, $299,300,000.
 (6) Earth science and applications, $756,600,000, of which--
 (A) $5,000,000 is authorized for the purchase of Landsat data at cost for
 global change research;
 (B) $5,000,000 is authorized for the purchase of long-lead parts for a
 follow-on to Landsat 6;
 (C) $1,000,000 is authorized for remote sensing data conversion;
 (D) $3,000,000 is authorized for a pilot study and prototype demonstration
 to convert remotely-sensed aircraft and satellite data into machine readable
 form for global change research; and
 (E) $2,000,000 is authorized for converting Landsat data collected prior
 to the date of enactment of this Act into a more durable archive medium.
 (7) Materials processing in space, $120,800,000.
 (8) Communications, $39,400,000.
 (9) Information systems, $42,000,000.
 (10) Technology utilization, $32,000,000.
 (11) Commercial use of space, $107,000,000.
 (12) Aeronautical research and technology, $591,200,000.
 (13) Transatmospheric research and technology, $72,000,000.
 (14) Space research and technology, $324,800,000, of which $10,000,000 is
 authorized for a solar dynamics power research and technology development
 program, including a ground test of the technology, and $10,000,000 for a
 program of component technology development, validation, and demonstration
 directed at commercial launch competitiveness.
 (15) Exploration activities, $34,500,000.
 (16) Safety, reliability, and quality assurance, $33,600,000.
 (17) Tracking and data advanced systems, $22,000,000.
 (18) Academic programs, $64,600,000.
 (b) SPACE FLIGHT, CONTROL, AND DATA COMMUNICATIONS- There is authorized
 to be appropriated to the National Aeronautics and Space Administration
 to become available October 1, 1991, for `Space flight, control, and data
 communications', for the following programs:
 (1) Space shuttle production and operational capability, $1,328,900,000, of
 which $375,000,000 is authorized for the Advanced Solid Rocket Motor program.
 (2) Space shuttle operations, $2,970,600,000.
 (3) Launch services, $291,900,000, amounts of which may be expended for
 the Mobile Satellite launch if--
 (A) the Administrator, in consultation with the Chairman of the Federal
 Communications Commission, determines that uncertainties with respect to
 the status of the American Mobile Satellite Corporation as the sole Federal
 Communications Commission license holder for mobile satellite services have
 been resolved; and
 (B) at least 30 days prior to the obligation of any funds for the Mobile
 Satellite launch, the Administrator submits 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 detailing
 plans for reimbursement to the National Aeronautics and Space Administration
 for its portion of launch costs of the Mobile Satellite.
 (4) Space and ground network, communications, and data systems, $920,900,000.
 (c) CONSTRUCTION OF FACILITIES- There is authorized to be appropriated to the
 National Aeronautics and Space Administration to become available October
 1, 1991, for `Construction of facilities', including land acquisition,
 as follows:
 (1) Construction of Space Station Processing Facility, Kennedy Space Center,
 $35,000,000.
 (2) Modification for Earthquake Protection, Downey/Palmdale, California,
 Johnson Space Center, $4,400,000.
 (3) Modifications for Safe Haven, Vehicle Assembly Building, High-Bay 2,
 Kennedy Space Center, $7,500,000.
 (4) Rehabilitation of Crawlerway, Kennedy Space Center, $3,000,000.
 (5) Restoration of Shuttle Landing Facility Shoulders, Kennedy Space Center,
 $4,000,000.
 (6) Restoration of the High Pressure Gas Facility, Stennis Space Center,
 $6,500,000.
 (7) Construction of Addition for Flight Training and Operations, Johnson
 Space Center, $13,000,000.
 (8) Construction of Advanced Solid Rocket Motor Program Facilities (various
 locations), $100,000,000.
 (9) Modernization of Industrial Area Chilled Water System, Kennedy Space
 Center, $4,000,000.
 (10) Rehabilitation and Expansion of Communications Duct Banks, Kennedy
 Space Center, $1,400,000.
 (11) Replacement of 15 KV Load Break Switches, Kennedy Space Center,
 $1,300,000.
 (12) Repair of Site Water System, White Sands Test Facility, $1,300,000.
 (13) Replacement of Central Plant Chillers and Boiler, Johnson Space Center,
 $5,700,000.
 (14) Modifications to X-Ray Calibration Facility (XRCF), Marshall Space
 Flight Center, $5,200,000.
 (15) Restoration and Modernization of High Voltage Distribution System,
 Goddard Space Flight Center, $7,000,000.
 (16) Construction of Earth Observing System Data Information System Facility,
 Goddard Space Flight Center, $17,000,000.
 (17) Modernization of Main Electrical Substation, Jet Propulsion Laboratory,
 $5,500,000.
 (18) Restoration of Utilities, Wallops Flight Facility, $3,500,000.
 (19) Repair and Modernization of the 12-foot Pressure Wind Tunnel, Ames
 Research Center, $25,000,000.
 (20) Upgrade of Outdoor Aerodynamic Research Facility, Ames Research Center,
 $3,300,000.
 (21) Modernization of 16-foot Transonic Tunnel, Langley Research Center,
 $3,400,000.
 (22) Modifications to the High Pressure Air System, Langley Research Center,
 $11,700,000.
 (23) Rehabilitation of Central Air System, Lewis Research Center, $5,600,000.
 (24) Rehabilitation of Icing Research Tunnel, Lewis Research Center,
 $2,600,000.
 (25) Construction of Data Interface Facility, White Sands Test Facility,
 $4,000,000.
 (26) Rehabilitation of Tracking and Data Relay Satellite System (TDRSS)
 Ground Terminal, White Sands Test Facility, $5,700,000.
 (27) Repair of facilities at various locations, not in excess of $1,000,000
 per project, $31,700,000.
 (28) Rehabilitation and modification of facilities at various locations,
 not in excess of $1,000,000 per project, $34,800,000.
 (29) Minor construction of new facilities and additions to existing facilities
 at various locations, not in excess of $750,000 per project, $12,900,000.
 (30) Environmental compliance and restoration, $36,000,000.
 (31) Facility planning and design, not otherwise provided for, $34,000,000.
Notwithstanding the amounts authorized in paragraphs (1) through (31),
the total amount authorized by this subsection shall not exceed $430,300,000.
 (d) RESEARCH AND PROGRAM MANAGEMENT- There is authorized to be appropriated
 to the National Aeronautics and Space Administration to become available
 October 1, 1991, for `Research and program management', $2,422,300,000.
 (e) INSPECTOR GENERAL- There is authorized to be appropriated to the National
 Aeronautics and Space Administration to become available October 1, 1991,
 for `Inspector General', $14,600,000.
 (f) USE OF FUNDS FOR CERTAIN CAPITAL ITEMS AND GRANTS- (1) Notwithstanding
 the provisions of subsection (i), appropriations authorized in this
 Act for `Research and development' and `Space flight, control, and data
 communications' may be used--
 (A) 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
 (B) 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.
 (2) Title to facilities described in paragraph (1)(B) 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 paragraph (1)(B)
 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.
 (3) 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 subsection 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.
 (g) AVAILABILITY OF APPROPRIATED AMOUNTS- Appropriations authorized under
 this section for `Research and development', for `Space flight, control,
 and data communications', or for `Construction of facilities' may remain
 available until expended. Appropriations authorized under this section for
 `Research and program management' for maintenance and operation of facilities
 and for other services shall remain available through the next fiscal year
 following the fiscal year for which such amount is appropriated.
 (h) USE OF FUNDS FOR SCIENTIFIC CONSULTATIONS AND EXTRAORDINARY EXPENSES-
 Appropriations made pursuant to subsection (d) may be used, but 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.
 (i) USE OF FUNDS FOR FACILITIES- (1) Except as provided in subsection (f),
 funds appropriated pursuant to subsections (a), (b), and (d) may be used for
 the construction of new facilities and additions to, repair of, rehabilitation
 of, or modification of existing facilities, but only if the cost of each
 such project, including collateral equipment, does not exceed $200,000.
 (2) Except as provided in subsection (f), funds appropriated pursuant to
 subsections (a) and (b) 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.
 (3) Funds appropriated pursuant to subsection (d) 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.
 (j) CRAF/CASSINI MISSION- Section 103(a)(1)(S) of the National Aeronautics
 and Space Administration Authorization Act, Fiscal Year 1991 (Public Law
 101-611; 104 Stat. 3192), is amended--
 (1) by striking `$1,600,000,000' and inserting in lieu thereof
 `$1,900,000,000';
 (2) in clause (i), by striking the semicolon at the end and inserting in
 lieu thereof `, of which not more than $263,000,000 shall be available for
 fiscal year 1992;'; and
 (3) in clause (iii), by striking `$640,000,000' and inserting in lieu thereof
 `$940,000,000'.
 (k) TOTAL AUTHORIZATIONS FOR FISCAL YEARS 1993 AND 1994- There is authorized
 to be appropriated to the National Aeronautics and Space Administration for
 `Research and development', `Space flight, control, and data communications',
 `Construction of facilities', `Research and program management', and
 `Inspector General' a total amount of $15,601,000,000 for fiscal year 1993,
 and $16,959,000,000, for fiscal year 1994, to remain available until expended.
 (l) REPROGRAMMING FOR TRANSATMOSPHERIC RESEARCH AND TECHNOLOGY- The
 Administrator may reprogram up to $67,000,000 of the amount authorized for
 `Research and development' for fiscal year 1992 to use for the purposes
 described in subsection (a)(13). No such funds may be obligated until
 a period of 30 days has passed after 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 such transfer.
SEC. 5. CONSTRUCTION OF FACILITIES REPROGRAMMING.
 Appropriations authorized under section 4(c) (1) through (31)--
 (1) in the discretion of the Administrator or the Administrator's designee,
 may be varied upward by 10 percent; or
 (2) 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 under section 4(c) (1) through
(31) shall not be increased as a result of actions authorized under paragraphs
(1) and (2).
SEC. 6. 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 4 (a) and (b) 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 4(c)
 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 Commerce,
 Science, and Transportation of the Senate and the Committee on Science,
 Space, and Technology of the House of Representatives a written report
 describing the nature of the construction, its cost, and the reasons therefor.
SEC. 7. CONSIDERATION BY COMMITTEES.
 Notwithstanding any other provision of this Act--
 (1) no amount appropriated pursuant to this Act may be used for any program
 deleted by 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;
 (2) 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 4 (a), (b), and (d); and
 (3) 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.
SEC. 8. FACILITY MAINTENANCE OFFICE.
 The Administrator shall create a Facility Maintenance Office within the
 Office of Management Systems and Facilities which shall plan and direct
 facilities maintenance management for all National Aeronautics and Space
 Administration sites.
SEC. 9. GEOGRAPHICAL DISTRIBUTION.
 It is the sense of Congress that it is in the national interest that
 consideration be given to geographical distribution of Federal research funds
 whenever feasible, and that the National Aeronautics and Space Administration
 should explore ways and means of distributing its research and development
 funds whenever feasible.
SEC. 10. PEACEFUL USES OF SPACE STATION.
 No civil space station authorized under section 4(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. 11. TRANSMISSION OF BUDGET ESTIMATES.
 The Administrator shall, at the time of submission of the President's annual
 budget, transmit to Congress--
 (1) a 5-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
 (2) an estimate of the life-cycle costs associated with each such program.
SEC. 12. NATIONAL SCHOLARS PROGRAM FEASIBILITY STUDY.
 (a) STUDY- The Administrator shall conduct a study to evaluate the feasibility
 of initiating a National Scholars Program, as described under subsection
 (b), under which a select group of students would receive Federal support
 for education in mathematics, science, and related disciplines. The purpose
 of the National Scholars Program would be to help increase the number of
 Ph.D. recipients in mathematics, science, and related disciplines among
 the Nation's economically disadvantaged.
 (b) DESCRIPTION OF NATIONAL SCHOLARS PROGRAM- Under the National Scholars
 Program referred to in subsection (a), the Administrator would--
 (1) select economically disadvantaged high school students for participation
 in science programs supported by the National Aeronautics and Space
 Administration or other institutions where they would receive specialized
 instruction in mathematics and science and would learn about practical
 applications of mathematics and science in the programs and activities of
 the National Aeronautics and Space Administration; and
 (2) select economically disadvantaged undergraduate and graduate students
 as recipients of Federal financial support for predoctoral and doctoral
 studies in mathematics, science, and related disciplines.
 (c) CONTENTS OF STUDY- The study required by subsection (a) shall address,
 among other matters--
 (1) whether the National Aeronautics and Space Administration could adequately
 implement the National Scholars Program;
 (2) different options for structuring the National Scholars Program,
 including its establishment as a pilot program;
 (3) the cost of the Program, with annual cost estimates for the first 10
 years of the Program;
 (4) alternative funding sources for the Program;
 (5) the criteria for selecting students for participation in the Program;
 (6) the appropriate number of students for annual participation in the
 Program;
 (7) the organizational location within the National Aeronautics and Space
 Administration at which the Program and its activities would be administered;
 (8) the management of the Program;
 (9) the possible ways in which the Program or its concepts can be extended
 to other Federal agencies, State agencies, educational institutions, and
 private organizations;
 (10) the existence of any current public or private sector programs which
 are similar to the Program, the benefits and disadvantages of those similar
 programs, and whether a new program would unnecessarily duplicate current
 efforts; and
 (11) the extent to which existing Federal, State, and other science education
 programs and activities could be used to complement or supplement the Program.
 (d) REPORT- Within 6 months after the date of enactment of this Act,
 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 results of the
 study required by subsection (a).
SEC. 13. COMMERCIAL SPACE LAUNCH ACT AUTHORIZATION.
 Section 24 of the Commercial Space Launch Act (49 App. U.S.C. 2623) is
 amended to read as follows:
`AUTHORIZED APPROPRIATIONS
 `SEC. 24. There is authorized to be appropriated to the Secretary for fiscal
 year 1992--
 `(1) $5,104,000 to carry out this Act; and
 `(2) $20,000,000 for a program to ensure the resiliency of the Nation's
 space launch infrastructure, only if a statute is enacted into law to
 establish that program within the Department of Transportation.'.
SEC. 14. NATIONAL SPACE COUNCIL AUTHORIZATION.
 (a) AUTHORIZATION OF APPROPRIATIONS- 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), $1,491,000 for fiscal year 1992,
 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) LANDSAT DATA CONTINUITY- It is the sense of Congress that the National
 Space Council, in coordination with the Committee on Earth and Environmental
 Sciences, should establish policy recommendations for carrying out the
 President's commitment to maintaining the continuity of Landsat data,
 including plans and programs for a successor to Landsat 6, organizational
 options and recommendations for acquiring Landsat data for global change
 research, national security, environmental management, and other governmental
 purposes, and options and recommendations for encouraging the use of Landsat
 data by commercial firms and development of the commercial market for such
 data. Such policy recommendations shall be transmitted in writing to Congress
 at the time of submission of the President's fiscal year 1993 budget.
SEC. 15. OFFICE OF SPACE COMMERCE AUTHORIZATION.
 There are authorized to be appropriated to the Secretary of Commerce for
 the Office of Space Commerce $491,000 for fiscal year 1992.
SEC. 16. AMENDMENT OF PUBLIC LAW 100-147.
 Section 107(a) of the National Aeronautics and Space Administration
 Authorization Act of 1988 (Public Law 100-147; 101 Stat. 864) is amended--
 (1) by inserting `, in both then year and constant dollars,' immediately
 after `estimated cost';
 (2) by inserting `assembly (including related costs);' immediately after
 `construction of facilities;'; and
 (3) by adding at the end the following new sentence: `Each such plan shall
 also include the estimated cost, in both then year and constant dollars,
 of operations for at least the first full year of steady operations of the
 space station.'.
SEC. 17. MULTIYEAR CONTRACTING.
 Along with submission to Congress of the National Aeronautics and Space
 Administration fiscal year 1993 budget request, the Administrator shall--
 (1) present a study which assesses the usefulness of granting similar
 authority as under section 2306(h) of title 10, United States Code, to the
 National Aeronautics and Space Administration; and
 (2) recommend no less than five candidate programs to be considered by
 Congress for multiyear contracting.
SEC. 18. USE OF DOMESTIC PRODUCTS.
 (a) PROHIBITION AGAINST FRAUDULENT USE OF `MADE IN AMERICA' LABELS- (1) A
 person shall not intentionally affix a label bearing the inscription `Made
 in America', or any inscription with that meaning, to any product sold in
 or shipped to the United States, if that product is not a domestic product.
 (2) A person who violates paragraph (1) shall not be eligible for any
 contract for a procurement carried out with amounts authorized under this
 Act, including any subcontract under such a contract.
 (b) COMPLIANCE WITH BUY AMERICAN ACT- (1) Except as provided in paragraph
 (2), the head of each agency which conducts procurements shall ensure that
 such procurements are conducted in compliance with sections 2 through 4 of
 the Act of March 3, 1933 (41 U.S.C. 10a through 10c, popularly known as the
 `Buy American Act').
 (2) This subsection shall apply only to procurements made for which--
 (A) amounts are authorized by this Act to be made available; and
 (B) solicitations for bids are issued after the date of enactment of this Act.
 (3) The Administrator, before January 1, 1994, shall report to the Congress
 on procurements covered under this subsection of products that are not
 domestic products.
 (c) DEFINITIONS- For the purposes of this section, the term `domestic product'
 means a product--
 (1) that is manufactured or produced in the United States; and
 (2) at least 50 percent of the cost of the articles, materials, or supplies
 of which are mined, produced, or manufactured in the United States.
SEC. 19. QUALITY ASSURANCE PERSONNEL.
 (a) EXCLUSION OF NASA PERSONNEL- A person providing articles to the National
 Aeronautics and Space Administration under a contract entered into after
 the date of enactment of this Act may not exclude National Aeronautics and
 Space Administration quality assurance personnel from work sites except as
 provided in a contract provision described in subsection (b).
 (b) CONTRACT PROVISIONS- The National Aeronautics and Space Administration
 shall not enter into any contract which permits the exclusion of National
 Aeronautics and Space Administration quality assurance personnel from
 work sites unless the Administrator has submitted a copy of the provision
 permitting such exclusion to the Congress at least 60 days before entering
 into such contract.
SEC. 20. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION ENDEAVOR TEACHER
FELLOWSHIP TRUST FUND.
 (a) ESTABLISHMENT- There is established in the Treasury of the United States,
 in tribute to the dedicated crew of the Space Shuttle Challenger, a trust fund
 to be known as the `National Aeronautics and Space Administration Endeavor
 Teacher Fellowship Trust Fund' (hereafter in this section referred to as the
 `Trust Fund'). The Trust Fund shall consist of gifts and donations accepted
 by the National Aeronautics and Space Administration pursuant to section
 208 of the National Aeronautics and Space Act of 1958 (42 U.S.C. 2476b),
 as well as other amounts which may from time to time, at the discretion of
 the Administrator, be transferred from the National Aeronautics and Space
 Administration Gifts and Donations Trust Fund.
 (b) INVESTMENT OF TRUST FUND- The Administrator shall direct the Secretary
 of the Treasury to invest and reinvest funds in the Trust Fund in public
 debt securities with maturities suitable for the needs of the Trust Fund,
 and bearing interest at rates determined by the Secretary of the Treasury,
 taking into consideration the current average market yield on outstanding
 marketable obligations of the United States of comparable maturities. Interest
 earned shall be credited to the Trust Fund.
 (c) PURPOSE- Income accruing from the Trust Fund principal shall be used to
 create the National Aeronautics and Space Administration Endeavor Teacher
 Fellowship Program, to the extent provided in advance in appropriation
 Acts. The Administrator is authorized to use such funds to award fellowships
 to selected United States nationals who are undergraduate students pursuing
 a course of study leading to certified teaching degrees in elementary
 education or in secondary education in mathematics, science, or technology
 disciplines. Awards shall be made pursuant to standards established for
 the fellowship program by the Administrator.
SEC. 21. DRUG AND ALCOHOL TESTING.
 (a) SHORT TITLE- This section may be cited as the `Civil Space Employee
 Testing Act of 1991'.
 (b) FINDINGS- The Congress finds that--
 (1) alcohol abuse and illegal drug use pose significant dangers to the
 safety and welfare of the Nation;
 (2) the success of the United States civil space program is contingent
 upon the safe and successful development and deployment of the many varied
 components of that program;
 (3) the greatest efforts must be expended to eliminate the abuse of alcohol
 and use of illegal drugs, whether on duty or off duty, by those individuals
 who are involved in the positions affecting safety, security, and national
 security;
 (4) the use of alcohol and illegal drugs has been demonstrated to adversely
 affect the performance of individuals, and has been proven to have been a
 critical factor in accidents in the workplace;
 (5) the testing of uniformed personnel of the Armed Forces has shown that
 the most effective deterrent to abuse of alcohol and use of illegal drugs
 is increased testing, including random testing;
 (6) adequate safeguards can be implemented to ensure that testing for abuse
 of alcohol or use of illegal drugs is performed in a manner which protects an
 individual's right of privacy, ensures that no individual is harassed by being
 treated differently from other individuals, and ensures that no individual's
 reputation or career development is unduly threatened or harmed; and
 (7) rehabilitation is a critical component of any testing program for
 abuse of alcohol or use of illegal drugs, and should be made available to
 individuals, as appropriate.
 (c) TESTING PROGRAM- (1) The Administrator shall establish a
 program applicable to employees of the National Aeronautics and Space
 Administration whose duties include responsibility for safety-sensitive,
 security, or national security functions. Such program shall provide for
 preemployment, reasonable suspicion, random, and post-accident testing for
 use, in violation of applicable law or Federal regulation, of alcohol or a
 controlled substance. The Administrator may also prescribe regulations, as
 the Administrator considers appropriate in the interest of safety, security,
 and national security, for the conduct of periodic recurring testing of such
 employees for such use in violation of applicable law or Federal regulation.
 (2) The Administrator shall, in the interest of safety, security,
 and national security, prescribe regulations within 18 months after the
 date of enactment of this Act. Such regulations shall establish a program
 which requires  National Aeronautics and Space Administration contractors
 to conduct preemployment, reasonable suspicion, random, and post-accident
 testing of contractor employees responsible for safety-sensitive, security,
 or national security functions (as determined by the Administrator) for
 use, in violation of applicable law or Federal regulation, of alcohol or a
 controlled substance. The Administrator may also prescribe regulations, as
 the Administrator considers appropriate in the interest of safety, security,
 and national security, for the conduct of periodic recurring testing of such
 employees for such use in violation of applicable law or Federal regulation.
 (3) In prescribing regulations under the programs required by this subsection,
 the Administrator shall require, as the Administrator considers appropriate,
 the suspension, disqualification, or dismissal of any employee to which
 paragraph (1) or (2) applies, in accordance with the provisions of this
 section, in any instance where a test conducted and confirmed under this
 section indicates that such employee has used, in violation of applicable
 law or Federal regulation, alcohol or a controlled substance.
 (d) PROHIBITION ON SERVICE- (1) No individual who is determined by the
 Administrator under this section to have used, in violation of applicable
 law or Federal regulation, alcohol or a controlled substance after the date
 of enactment of this Act shall serve as a National Aeronautics and Space
 Administration employee with responsibility for safety-sensitive, security,
 or national security functions (as determined by the Administrator), or as
 a National Aeronautics and Space Administration contractor employee with
 such responsibility, unless such individual has completed a program of
 rehabilitation described in subsection (e).
 (2) Any such individual determined by the Administrator under this section
 to have used, in violation of applicable law or Federal regulation, alcohol
 or a controlled substance after the date of enactment of this Act who--
 (A) engaged in such use while on duty;
 (B) prior to such use had undertaken or completed a rehabilitation program
 described in subsection (e);
 (C) following such determination refuses to undertake such a rehabilitation
 program; or
 (D) following such determination fails to complete such a rehabilitation
 program,
shall not be permitted to perform the duties which such individual performed
prior to the date of such determination.
 (e) PROGRAM FOR REHABILITATION- (1) The Administrator shall prescribe
 regulations setting forth requirements for rehabilitation programs which at
 a minimum provide for the identification and opportunity for treatment of
 employees referred to in subsection (c) in need of assistance in resolving
 problems with the use, in violation of applicable law or Federal regulation,
 of alcohol or a controlled substance. Each contractor is encouraged
 to make such a program available to all of its employees in addition to
 those employees referred to in subsection (c)(2). The Administrator shall
 determine the circumstances under which such employees shall be required to
 participate in such a program. Nothing in this subsection shall preclude any
 National Aeronautics and Space Administration contractor from establishing
 a program under this subsection in cooperation with any other such contractor.
 (2) The Administrator shall establish and maintain a rehabilitation
 program which at a minimum provides for the identification and opportunity
 for treatment of those employees of the National Aeronautics and Space
 Administration whose duties include responsibility for safety-sensitive,
 security, or national security functions who are in need of assistance in
 resolving problems with the use of alcohol or controlled substances.
 (f) PROCEDURES FOR TESTING- In establishing the programs required under
 subsection (c), the Administrator shall develop requirements which shall--
 (1) promote, to the maximum extent practicable, individual privacy in the
 collection of specimen samples;
 (2) with respect to laboratories and testing procedures for controlled
 substances, incorporate the Department of Health and Human Services scientific
 and technical guidelines dated April 11, 1988, and any subsequent amendments
 thereto, including mandatory guidelines which--
 (A) establish comprehensive standards for all aspects of laboratory
 controlled substances testing and laboratory procedures to be applied in
 carrying out this section, including standards which require the use of the
 best available technology for ensuring the full reliability and accuracy
 of controlled substances tests and strict procedures governing the chain
 of custody of specimen samples collected for controlled substances testing;
 (B) establish the minimum list of controlled substances for which individuals
 may be tested; and
 (C) establish appropriate standards and procedures for periodic review of
 laboratories and criteria for certification and revocation of certification
 of laboratories to perform controlled substances testing in carrying out
 this section;
 (3) require that all laboratories involved in the controlled substances
 testing of any individual under this section shall have the capability and
 facility, at such laboratory, of performing screening and confirmation tests;
 (4) provide that all tests which indicate the use, in violation of applicable
 law or Federal regulation, of alcohol or a controlled substance by any
 individual shall be confirmed by a scientifically recognized method of
 testing capable of providing quantitative data regarding alcohol or a
 controlled substance;
 (5) provide that each specimen sample be subdivided, secured, and labelled
 in the presence of the tested individual and that a portion thereof be
 retained in a secure manner to prevent the possibility of tampering, so
 that in the event the individual's confirmation test results are positive
 the individual has an opportunity to have the retained portion assayed by
 a confirmation test done independently at a second certified laboratory
 if the individual requests the independent test within 3 days after being
 advised of the results of the initial confirmation test;
 (6) ensure appropriate safeguards for testing to detect and quantify alcohol
 in breath and body fluid samples, including urine and blood, through the
 development of regulations as may be necessary and in consultation with
 the Department of Health and Human Services;
 (7) provide for the confidentiality of test results and medical information
 of employees; and
 (8) ensure that employees are selected for tests by nondiscriminatory
 and impartial methods, so that no employee is harassed by being treated
 differently from other employees in similar circumstances.
 (g) EFFECT ON OTHER LAWS AND REGULATIONS- (1) No State or local government
 shall adopt or have in effect any law, rule, regulation, ordinance, standard,
 or order that is inconsistent with the regulations promulgated under this
 section.
 (2) Nothing in this section shall be construed to restrict the discretion
 of the Administrator to continue in force, amend, or further supplement any
 regulations issued before the date of enactment of this Act that govern the
 use of alcohol and controlled substances by National Aeronautics and Space
 Administration employees with responsibility for safety-sensitive, security,
 and national security functions (as determined by the Administrator), or
 by National Aeronautics and Space Administration contractor employees with
 such responsibility.
 (h) DEFINITION- For the purposes of this section, the term `controlled
 substance' means any substance under section 102(6) of the Controlled
 Substances Act (21 U.S.C. 802(6)) specified by the Administrator.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.