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

Not sent to Hill per Murr 9/7/89

(House Rules)
(Roe (D) New Jersey)

The Administration opposes enactment of H.R. 1759 unless it is amended to:

• Conform section 4 (FY 1990 appropriations authorizations) to levels in the President's Budget which provide the appropriate level of funding and balance of programs to meet U.S. space needs.
  
  
• Amend section 9 to provide the generic authority proposed by the Administration to allow NASA to use private financing for facility projects. In addition, the 80 percent limit imposed by this section on the Government's termination liability would severely restrict the flexibility needed to implement innovative private financing arrangements.
  
  
• Delete section 17, which would foreclose the President's future options to direct, as he deems appropriate, the use of the Space Shuttle. Section 17 is unnecessary because the National Space Policy already significantly limits the use of the Space Shuttle to Shuttle-unique payloads. Further, Section 17 is inconsistent with the National Space Policy by failing 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.
  
  
• Delete section 18, which would significantly curtail Presidential discretion in permitting satellite exports. Directing the President to enter into negotiations with Australia for the purpose of achieving fair trade agreements for international trade and commercial launch services would unacceptably interfere with the President's exclusive authority to conduct foreign policy. Further, this directive would be premature since no decision has been made regarding an Australian space port. 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 the responsibilities of the proposed Office of Space Commerce (OSC) in the Department of Commerce will not replace responsibilities assigned to NASA, and that OSC activities 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 Title II, which would prescribe statutorily the details — objectives, agency responsibilities, program planning and the allocation of funds between agencies — for the National Aero-Space Plane program. This title severely limits the flexibility needed to manage the program effectively.

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 their deletion.