Statement of Administration Policy: H.R. 1759 - National Aeronautics and Space Administration Authorization Act

(House)
(Roe (D) New Jersey)

The Administration is pleased that H.R. 1759 provides a multiyear authorization for NASA programs, and other authorizations related to the President's National Space Policy. The Administration supports enactment of H.R. 1759 if amended as indicated below:

• Amend section 9 to provide more flexibility in administering the limitation on contingent liability with respect to NASA facility projects. ' Increased flexibility is necessary to implement innovative private financing arrangements for such projects.
  
  
• Delete section 11, an objectionable "Buy America" provision.
  
  
• Amend section 17(a) to provide, on an exception basis, for space shuttle launches of commercial and foreign payloads determined to be important for national security or foreign policy purposes, consistent with the National Space Policy. Existing policy already significantly limits the use of the Space Shuttle to Shuttle-unique payloads.
  
  
• Delete section 17(c), which requires special certifications for shuttle payloads, as this inappropriately restricts the President's ability to direct as he deems appropriate the use of the space shuttle.
  
  
• Delete section 18, which would significantly curtail Presidential discretion in permitting satellite exports. Directing the President to enter into negotiations regarding international trade in commercial launch services would interfere with the President's authority to conduct foreign policy. Current U.S. policy is in fact stricter than the language in section 18.
  
  
• Delete section 19, which would continue to suspend any license for the export of a satellite of U.S. origin that is intended for launch from a vehicle owned by the People's Republic of China (PRC), unless the President reports specified findings to Congress. This provision would limit the President's ability to respond to the highly fluid situation in China.
  
  
• Delete section 21. The establishment of a Commission for International Cooperation in Planetary Exploration unnecessarily duplicates the function of the National Space Council and could delay or hinder current efforts to implement the President's recently-announced space initiative.
  
  
• Amend section 22 to provide expressly that activities of Commerce's Office of Space Commerce be appropriately coordinated with other affected agencies.
  
  
• Delete section 23, which would provide a single-agency exemption from provisions of the National Historic Preservation Act. ( Administrative processes can be used to accommodate the needs of the space program with the unique historic values represented by certain NASA facilities.
  
  
• Delete section 24, which prescribes the details of the National Aerospace Plane (NASP) program, including specific goals, agency responsibilities, and funding. These are more appropriately specified in a NASA-DOD joint management plan, consistent with the recommendations of the National Space Council, as approved by the President.

H.R. 1759 contains many unnecessary and burdensome requirements concerning reports to Congress or certifications prior to' the execution of programs. These requirements severely restrict the ability of NASA to carry out programs in an effective and expeditious manner, and the Administration urges the deletion of such requirements.