Calendar No. 506

104TH CONGRESS

2D SESSION S. 1839

[Report No. 104–327]

A BILL

To authorize appropriations for fiscal year 1997 to

General; and for other purposes.and technology; mission support; and Inspectortion for human space flight; science, aeronautics,the National Aeronautics and Space AdministraJULY 22, 1996

Reported with an amendment
II

Calendar No. 506

104TH CONGRESS

2D SESSION S. 1839

[Report No. 104–327]

To authorize appropriations for fiscal year 1997 to the National Aeronautics

and Space Administration for human space flight; science, aeronautics,

and technology; mission support; and Inspector General; and for other

purposes.

IN THE SENATE OF THE UNITED STATES

JUNE 5, 1996

Mr. PRESSLER (for himself, Mr. BURNS, and Mr. STEVENS) introduced the

following bill; which was read twice and referred to the Committee on

Commerce, Science, and Transportation

JULY 22, 1996

Reported by Mr. PRESSLER, with an amendment

[Omit the part struck through and insert the part printed in italic]

A BILL

To authorize appropriations for fiscal year 1997 to the National Aeronautics and Space Administration for human

space flight; science, aeronautics, and technology; mission

support; and Inspector General; and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘National Aeronautics

3 and Space Administration Authorization Act, Fiscal Year

4 1997’’.

5 SEC. 2. DEFINITIONS.

6 For the purposes of this Act—

7 (1) the term ‘‘Administrator’’ means the Ad8 ministrator of the National Aeronautics and Space

9 Administration; and

10 (2) the term ‘‘NASA’’ means the National Aer11 onautics and Space Administration.

12 TITLE I—AUTHORIZATION OF APPROPRIATIONS

13 SEC. 101. HUMAN SPACE FLIGHT.

14 The following amounts are authorized to be appro15 priated to NASA for the following programs, which

16 amounts shall become available October 1, 1996:

17 (1) Space Station, $1,802,000,000.

18 (2) United States/Russian cooperation,

19 $138,200,000.

20 (3) Space Shuttle, $3,142,600,000.

21 (4) Payload and utilization operations,

22 $271,800,000.

23 (5) Construction of facilities relating to such

24 programs, $8,300,000, including the following:

25 (A) Replacement of LC-39 Pad B Chillers

26 (KSC), $1,800,000;
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1 (B) Restoration of Pad B Fixed Support

2 Structure Elevator System (KSC), $1,500,000,

3 (C) Rehabilitation of 480V Electrical Dis4 tribution System, Kennedy Space Center, Ex5 ternal Tank Manufacturing Building (MAF),

6 $2,500,000; and

7 (D) Restoration of High Pressure Indus8 trial Water Plant, Stennis Space Center,

9 $2,500,000.

10 SEC. 102. SCIENCE, AERONAUTICS, AND TECHNOLOGY.

11 The following amounts are authorized to be appro12 priated to NASA for the following programs, which

13 amounts shall become available October 1, 1996:

14 (1) Space science, $1,797,700,000.

15 (2) Life and microgravity sciences and applica16 tions, $498,500,000.

17 (3) Mission to Planet Earth, $1,402,100,000.

18 (4) Aeronautical research and technology,

19 $857,800,000.

20 (5) Space Access and technology,

21 $683,000,000.

22 (6) Academic programs, $100,800,000, of

23 which $2,000,000 shall be for the Upper Plains

24 States Science Education and Outreach Center.
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1 (7) Mission communication services,

2 $420,600,000.

3 SEC. 103. MISSION SUPPORT.

4 The following amounts are authorized to be appro5 priated to NASA for the following programs, which

6 amounts shall become available October 1, 1996:

7 (1) Safety, reliability, and quality assurance,

8 $36,700,000.

9 (2) Space communication services,

10 $291,400,000.

11 (3) Construction of facilities (including land ac12 quisition) including the following:

13 (A) Modernization of Electrical Distribu14 tion System, Ames Research Center,

15 $2,400,000.

16 (B) Modification of Aircraft Ramp and

17 Tow Way, Dryden Flight Research Center,

18 $3,000,000.

19 (C) Restoration of Hangar Building 4801,

20 Dryden Flight Research Center, $4,500,000.

21 (D) Modernization of Secondary Electrical

22 Systems, Goddard Space Flight Center,

23 $1,500,000.
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1 (E) Restoration of Chilled Water Distribu2 tion System, Goddard Space Flight Center,

3 $4,000,000.

4 (F) Modification of Refrigeration Systems,

5 Various Buildings, Jet Propulsion Laboratory,

6 $2,800,000.

7 (G) Rehabilitation of Utility Tunnel Struc8 ture and Systems, Johnson Space Center,

9 $2,600,000.

10 (H) Rehabilitation of Utility Tunnel Struc11 ture and System, Johnson Space Center,

12 $4,400,000.

13 (I) Replacement of DX Units with Central

14 Chilled Water System, Logistics Facility, Ken15 nedy Space Center, $1,800,000.

16 (J) Rehabilitation of Central Air Equip17 ment Building, Lewis Research Center,

18 $6,500,000.

19 (K) Modification of Chilled Water System,

20 Marshall Space Flight Center, $6,700,000.

21 (L) Rehabilitation of Condenser Water sys22 tem, 202/207 Complex, (MAF), $2,100,000.

23 (M) Minor Revitalization of Facilities at

24 Various Locations not in excess of $1,500,000

25 per project, $57,900,000.
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1 (N) Minor construction of new facilities

2 and additions to existing facilities at various lo3 cations, not in excess of $1,500,000 per project,

4 $3,400,000.

5 (O) Facility planning and design, not oth6 erwise provided for, $18,700,000.

7 (P) Environmental compliance and restora8 tion, $33,000,000.

9 (4) Research and program management,

10 $2,078,800,000.

11 SEC. 104. INSPECTOR GENERAL.

12 There are authorized to be appropriated to NASA for

13 its Office of Inspector General, $17,000,000, which shall

14 become available October 1, 1996.

15 TITLE II—LIMITATIONS AND GENERAL

16 PROVISIONS

17 SEC. 201. SPACE STATION LIMITATION.

18 The aggregate amount authorized to be appropriated

19 for Space Station and related activities under sections

20 101, 102, and 103 shall not exceed $2,100,000,000.

21 SEC. 202. EXPERIMENTAL PROGRAM TO STIMULATE COM22 PETITIVE RESEARCH.

23 Of the amounts authorized under section 102 for

24 Academic Programs, the Administrator shall allocate at
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1 least $10,000,000 for the Experimental Program to Stim2 ulate Competitive Research.

3 SEC. 203. RADAR REMOTE SENSING SATELLITES.

4 (a) FINDINGS.—The Congress finds that—

5 (1) radar satellites represent one of the most

6 important developments in remote sensing satellite

7 technology in recent years;

8 (2) the ability of radar satellites to provide

9 high-quality Earth imagery regardless of cloud cover

10 and to provide three-dimensional pictures of the

11 Earth’s surface when the satellites are flown in com12 bination dramatically enhance conventional optical

13 remote sensing satellite capabilities and usefulness;

14 (3) the National Aeronautics and Space Admin15 istration has developed a unique background and ex16 pertise in developing and operating radar satellites

17 as a result of their activities connected with its

18 radar satellites, Shuttle Imaging Radar (SIR)-A,

19 SIR-B, and SIR-C, which has flown twice on the

20 Space Shuttle;

21 (4) other nations currently have operational

22 radar satellite systems, including Japan and West23 ern Europe, with other spacefaring nations expected

24 to develop such systems in the near future; and
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1 (5) the development of an operational radar

2 satellite program at NASA featuring free-flying sat3 ellites and a related ground system is critical to

4 maintain United States leadership in remote sensing

5 satellite technology and is important to our national

6 security and international competitiveness.

7 (b) POLICY.—It is the policy of the United States

8 that—

9 (1) NASA should develop and operate a radar

10 satellite program as soon as practicable;

11 (2) NASA should build on the experience and

12 knowledge gained from its previous radar endeavors;

13 (3) NASA should work with other Federal

14 agencies and, as appropriate, with other spacefaring

15 nations, in its radar satellite activities; and

16 (4) NASA should make maximum use of exist17 ing National remote sensing assets such as the

18 Landsat system, activities connected with the Mis19 sion to Planet Earth, and the data management fa20 cilities of the Department of the Interior in all of its

21 radar satellite activities.

22 (c) PROGRAM REQUIREMENTS.—NASA shall initiate

23 a program to develop and operate a radar satellite pro24 gram. The program shall employ the most advanced radar

25 satellite technology currently commercially available for
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1 export. To the maximum extent possible, all of the data

2 processing, dissemination, and archiving functions shall be

3 performed by the United States Geological Survey of the

4 Department of the Interior and the Alaska Synthetic Ap5 erture Radar Facility. The program should be planned in

6 such a way that the data from the radar satellite system

7 are converted into a broad range of informational products

8 with research, commercial, and government applications

9 and any other applications that are in the public interest

10 and that such products are distributed over the widest

11 user community that is practicable, including industry,

12 academia, research institutions, local and State govern13 ments, and other Federal agencies. The program should

14 coordinate with, and make appropriate use of, other re15 mote sensing satellite programs, such as the Landsat pro16 gram.

17 (d) PLAN.—Within 90 days after the enactment of

18 this Act, the Administrator shall submit a detailed plan

19 for implementation of the radar satellite program to the

20 Committee on Commerce, Science, and Transportation of

21 the Senate and the Committee on Science of the House

22 of Representatives. The plan should include—

23 (1) the goals and mission of the program;

24 (2) planned activities for the next 5 years to

25 achieve such goals and mission;
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1 (3) strategies for maximizing the usefulness of

2 the satellite data to the scientific and academic com3 munities, the private sector, all levels of government,

4 and the general public;

5 (4) concepts for integrating the program with

6 other related NASA activities (such as Mission to

7 Planet Earth), the Landsat program, and other cur8 rent and emerging remote sensing satellite programs

9 and activities in the Federal government and all

10 other public and private sectors so that the program

11 complements and strengthens such programs and ac12 tivities and is not duplicative of these efforts;

13 (5) concepts developed in consultation with De14 partment of the Interior, for processing, archiving,

15 and disseminating the satellite data using, to the

16 maximum extent possible, existing Federal govern17 ment programs and assets at the Department of the

18 Interior and other Federal agencies;

19 (6) targets and timetables for undertaking spe20 cific activities and actions within the program;

21 (7) a 5-year budget profile for the program;

22 and

23 (8) a comparison between the program and the

24 radar satellite programs of other spacefaring na-
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1 tions, addressing their respective costs, capabilities,

2 and other relevant features.

3 (e) AUTHORIZATION.—Of the funds authorized in

4 section 102 for the Space Access and Technology account,

5 the Administrator shall allocate at least $35,000,000 to

6 the radar satellite program to conduct Phase A and Phase

7 B studies and any subsequent development and oper8 ational activities.

9 SEC. 204. RESTRUCTURING OF THE EARTH OBSERVING SYS10 TEM DATA AND INFORMATION SYSTEM.

11 The Administrator is prohibited from restructuring

12 or downscaling the baseline plan for the Earth Observing

13 System Data and Information System in place at the time

14 of the President’s budget submission for NASA for fiscal

15 year 1996 and prohibited from implementing any plan to

16 transfer data management responsibility from the Data

17 Active Archiving Centers to other entities unless, 60 days

18 before undertaking such action, the Administrator has

19 submitted to the Committee on Commerce, Science, and

20 Transportation of the Senate and the Committee on

21 Science of the House of Representatives a written report

22 containing—

23 (1) a detailed description of the planned agency

24 action;
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1 (2) the reasons and justifications for such ac2 tion;

3 (3) an analysis of the cost impact of such ac4 tion;

5 (4) an analysis of the impact of the action on

6 the scientific benefits of the program and the effect

7 of the action on the expected applications of the sat8 ellite data from the System in such areas as global

9 climate research, land-use planning, state and local

10 government management, mineral exploration, agri11 culture, forestry, national security, and any other

12 areas that the Administrator deems appropriate;

13 (5) an analysis of the impact of the action on

14 the United States Global Climate Change Research

15 program and international global climate change re16 search activities; and

17 (6) an explanation of what measures, if any,

18 are planned by NASA to compensate for any likely

19 reductions in the scientific value and data collection,

20 processing, and distribution capabilities of the Sys21 tem as a result of the action.
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1 SEC. 205. RURAL AEROSPACE CONSORTIA TO DEVELOP AP2 PLICATIONS FOR MISSION TO PLANET EARTH

3 DATA.

4 (a) HYDROLOGY STUDIES.—The Administrator is au5 thorized to initiate a project to conduct research on the

6 hydrology of the Upper Missouri River Basin. The project

7 shall be part of the Mission to Planet Earth program and

8 shall employ satellite observations, surface-based radar

9 data, and ground-based hydrological and other scientific

10 measurements to develop quantitative models that address

11 complex atmospheric and surface hydrological processes.

12 If initiated, the project shall be incorporated into NASA’s

13 activities connected with the multiagency Global Energy

14 and Water Cycle Experiment to understand the inter15 actions between the atmosphere and land surfaces. In im16 plementing the project, NASA shall coordinate and con17 sult with other appropriate federal agencies, including the

18 Department of Commerce, the Department of the Interior,

19 and the National Science Foundation. To the maximum

20 extent possible, NASA shall employ the assistance of uni21 versities, local and State governments, industry, and any

22 other appropriate entities from the Upper Missouri River

23 Basin region to carry out this program and the Adminis24 trator is authorized to support the project-related work of

25 such entities with grants, technical advice, equipment, in26 kind help, and any other type of appropriate assistance.
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1 If the project is initiated, then within 90 days after the

2 enactment of this Act, the Administrator shall submit a

3 plan for the implementation of this project, which shall

4 set forth the goals, project costs, planned activities, and

5 overall strategies for the project, to the Committee on

6 Commerce, Science, and Transportation of the Senate and

7 the Committee on Science of the House of Representa8 tives. Of the funds authorized in section 102 for Mission

9 to Planet Earth, at least $5,000,000 shall be allocated by

10 the Administrator to the Upper Missouri River Basin

11 project.

12 (b) UPPER MIDWEST AEROSPACE CONSORTIUM.—

13 For fiscal year 1997, there are authorized within the Mis14 sion to Planet Earth account $5,000,000 for the Upper

15 Midwest Aerospace Consortium to carry out ongoing and

16 planned activities to make information derived from Mis17 sion to Planet Earth data available to the general public.

18 SEC. 206. ACQUISITION OF EARTH REMOTE SENSING DATA.

19 (a) ACQUISITION.—The Administrator is authorized,

20 where feasible and cost effective, to make acquisitions of

21 space-based and airborne Earth remote sensing data, serv22 ices, distribution, and applications provided by the United

23 States private sector to meet Government goals for Mis24 sion to Planet Earth if such acquisitions fully satisfy the

25 scientific requirements of NASA.
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1 (b) ADMINISTRATION.—This section shall be carried

2 out as part of the Commercial Remote Sensing Program

3 at the Stennis Space Center.

4 (c) AVAILABILITY OF FUNDS.—Upon the date of the

5 enactment of this Act, of the funds available for Mission

6 to Planet Earth, $50,000,000 are authorized for the pur7 poses of this section, to remain available until expended.

8 SEC. 207. SHUTTLE PRIVATIZATION.

9 (a) IN GENERAL.—The Administrator is hereby di10 rected to conduct a study of the feasibility of implementing

11 the recommendation of the Independent Shuttle Manage12 ment Review Team that NASA transition towards the pri13 vatization of the Shuttle. The study shall identify, discuss,

14 and, where possible, present options for resolving, the

15 major policy and legal issues that must be addressed be16 fore the Shuttle is privatized, including, but not limited

17 to, the following issues—

18 (1) whether the government or the Shuttle con19 tractor should own the Shuttle orbiters and Shuttle

20 ground facilities;

21 (2) whether the federal government should in22 demnify the contractor for any third party liability

23 arising from Shuttle operations, and, if so, under

24 what terms and conditions;
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1 (3) whether commercial payloads should be al2 lowed to be launched on the Shuttle and whether

3 any classes of payloads should be made ineligible for

4 launch consideration;

5 (4) whether NASA and federal government pay6 loads should have priority over non-federal govern7 ment payloads in the Shuttle launch assignments

8 and what policies should be developed to prioritize

9 among payloads generally;

10 (5) whether the public interest requires that

11 certain Shuttle functions continue to be performed

12 by the federal government; and

13 (6) whether privatization of the Shuttle would

14 produce any significant cost savings and, if so, how

15 much cost savings.

16 (b) STUDY AND REPORT.—Within 60 days of the en17 actment of this Act, NASA shall complete the study and

18 shall submit a report on that study to the Committee on

19 Commerce, Science, and Transportation of the Senate and

20 the Committee on Science of the House of Representa21 tives.

22 SEC. 208. USE OF EXISTING FACILITIES.

23 (a) IN GENERAL.—When the Administrator consid24 ers the purchase, lease, or expansion of a facility to meet

25 requirements of NASA, the Administrator shall—
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1 (1) consider whether there is available to the

2 Administrator for use for meeting such require3 ments—

4 (A) any military installation that is closed

5 or being closed;

6 (B) any facility at such an installation; or

7 (C) any other facility, of which the Admin8 istrator is aware, that is—

9 (i) owned or leased by the United

10 States for the use of another agency of the

11 Federal Government; and

12 (ii) considered by that other agency—

13 (I) to be excess to its needs; or

14 (II) to be underutilized by it; and

15 (2) in the case of an underutilized facility avail16 able in part for the Administrator’s use to meet the

17 requirements, consider locating the activity for which

18 a facility is required at the underutilized facility so

19 as to share the use of the facility with one or more

20 other agencies of the Federal Government.

21 (b) ADDITION OR EXPANSION.—To the maximum ex22 tent feasible and cost effective (and not inconsistent with

23 the purposes of the Defense Base Closure and Realign24 ment Act of 1990 (10 U.S.C. 2901 et seq.)), the Adminis-
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1 trator shall meet the requirements of NASA for additional

2 or expanded facilities by using facilities that—

3 (1) are considered, under subsection (a), to be

4 available to the Administrator for use to meet such

5 requirements; and

6 (2) meet NASA’s management needs.

7 SEC. 209. USE OF FUNDS FOR CONSTRUCTION.

8 (a) AUTHORIZED USES.—The Administrator may use

9 funds appropriated for purposes other than those appro10 priated for—

11 (1) construction of facilities;

12 (2) research and program management, exclud13 ing research operations support; and

14 (3) Inspector General,

15 for the construction of new facilities and additions to, re16 pair of, rehabilitation of, or modification of, existing facili17 ties at any location in support of the purposes for which

18 such funds are appropriated.

19 (b) LIMITATION.—None of the funds used pursuant

20 to subsection (a) may be expended for a project, the esti21 mated cost of which to the National Aeronautics and

22 Space Administration, including collateral equipment, ex23 ceeds $750,000, until 30 days have passed after the Ad24 ministrator has notified the Committee on Science of the

25 House of Representatives and the Committee on Com-
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1 merce, Science, and Transportation of the Senate of the

2 nature, location, and estimated cost to the National Aero3 nautics and Space Administration of such project.

4 SEC. 210. CONSTRUCTION OF FACILITIES.

5 (a) REPROGRAMMING FOR CONSTRUCTION OF FA6 CILITIES.—If the Administrator determines that—

7 (1) new developments in the national program

8 of aeronautical and space activities have occurred;

9 (2) such developments require the use of addi10 tional funds for the purpose of construction, expan11 sion, or modification of facilities at any location; and

12 (3) deferral of such action until the enactment

13 of the next National Aeronautics and Space Admin14 istration authorization Act would be inconsistent

15 with the interest of the Nation in aeronautical and

16 space sciences;

17 the Administrator may use the amounts authorized for

18 construction of facilities pursuant to this Act or previous

19 National Aeronautics and Space Administration author20 ization Acts for such purposes. The amounts may be used

21 to acquire, construct, convert, rehabilitate, or install tem22 porary or permanent public works, including land acquisi23 tion, site preparation, appurtenances, utilities, and equip24 ment. The Administrator may use such amounts for facil25 ity consolidations, closures, and demolition required to
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1 downsize the NASA physical plant to improve operations

2 and reduce costs.

3 (c) LIMITATIONS.—

4 (1) Amounts appropriated for a construction-of5 facilities project—

6 (A) may be varied upward by 10 percent at

7 the discretion of the Administrator; or

8 (B) may be varied upward by 25 percent

9 to meet unusual cost variations after the expi10 ration of 30 days following a report on the cir11 cumstances of such action by the Administrator

12 to the Committee on Commerce, Science, and

13 Transportation of the Senate and the Commit14 tee on Science of the House of Representatives.

15 The aggregate amount authorized to be appro16 priated for construction of facilities shall not be

17 increased as a result of actions authorized

18 under this section.

19 (2) No amounts may be obligated for a con20 struction-of-facilities project until a period of 30

21 days has passed after the Administrator or the Ad22 ministrator’s designee has transmitted to the Com23 mittee on Science of the House of Representatives,

24 and to the Committee on Commerce, Science, and

25 Transportation of the Senate, a written report de-
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1 scribing the nature of the acquisition, construction,

2 conversion, rehabilitation, or installation, its cost,

3 and the reasons therefor.

4 (d) TITLE TO FACILITIES.—If funds are used pursu5 ant to subsection (a) for grants to institutions of higher

6 education, or to nonprofit organizations whose primary

7 purpose is the conduct of scientific research, for purchase

8 or construction of additional research facilities, title to

9 such facilities shall be vested in the United States unless

10 the Administrator determines that the national program

11 of aeronautical and space activities will best be served by

12 vesting title in the grantee institution or organization.

13 Each such grant shall be made under such conditions as

14 the Administrator shall determine to be required to ensure

15 that the United States will receive therefrom benefits ade16 quate to justify the making of that grant.

17 SEC. 211. AVAILABILITY OF APPROPRIATED AMOUNTS.

18 To the extent provided in appropriations Acts, appro19 priations authorized under this Act may remain available

20 without fiscal year limitation.

21 SEC. 212. CONSIDERATION BY COMMITTEES.

22 Notwithstanding any other provision of this Act—

23 (1) no amount appropriated pursuant to this

24 Act may be used for any program deleted by the

25 Congress from requests as originally made to either
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1 the Committee on Science of the House of Rep2 resentatives or the Committee on Commerce,

3 Science, and Transportation of the Senate; and

4 (2) no amount appropriated pursuant to the

5 Act may be used for any program in excess of the

6 amount actually authorized for that particular pro7 gram, excluding construction-of-facility projects,

8 unless a period of 30 days has passed after the receipt

9 by such Committee of notice given by the Administrator

10 or the Administrator’s designee containing a full and com11 plete statement of the action proposed to be taken and

12 the facts and circumstances relied upon in support of the

13 proposed action. NASA shall keep those Committees fully

14 and currently informed with respect to all activities and

15 responsibilities within their jurisdiction. Except as other16 wise provided by law, any Federal department, agency, or

17 independent establishment shall furnish any information

18 requested by either such Committee relating to any activ19 ity or responsibility.

20 SEC. 213. USE OF FUNDS FOR SCIENTIFIC CONSULTATIONS

21 OR EXTRAORDINARY EXPENSES.

22 Funds appropriated under section 103 may be used

23 for scientific consultations or extraordinary expenses upon

24 the authority of the Administrator, but not to exceed

25 $35,000.
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1 SEC. 214. REPORTING REQUIREMENTS.

2 (a) ELIMINATION OF REPORT.—Section 206 of the

3 National Aeronautics and Space Act of 1958 (42 U.S.C.

4 2476) is repealed.

5 (b) PROTECTION OF COMMERCIALLY VALUABLE IN6 FORMATION.—Section 303 of the National Aeronautics

7 and Space Act of 1958 (42 U.S.C. 2454) is amended by

8 adding at the end the following:

9 ‘‘(c)(1) The Administrator may delay, for a period

10 not to exceed 5 years, the unrestricted public disclosure

11 of technical data, related to a competitively sensitive tech12 nology, in the possession of, or under the control of, the

13 Administration that has been generated in the perform14 ance of experimental, developmental, or research activities

15 or programs conducted by, or funded in whole or in part

16 by, the Administration, if the technical data has signifi17 cant value in maintaining leadership or competitiveness,

18 in civil and governmental aeronautical and space activities

19 by the United States industrial base.

20 ‘‘(2) The Administrator shall publish biannually in

21 the Federal Register a list of all competitively sensitive

22 technology areas which it believes have a significant value

23 in maintaining the United States leadership or competi24 tiveness in civil and governmental aeronautical and space

25 activities. The list shall be generated after consultation
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1 with appropriate Government agencies and a diverse cross

2 section of companies—

3 ‘‘(A) that conduct a significant level of re4 search, development, engineering, and manufactur5 ing in the United States; and

6 ‘‘(B) the majority ownership or control of which

7 is held by United States citizens.

8 ‘‘(3) The Administrator shall provide an opportunity

9 for written objections to the list within a 60-day period

10 after it is published. After the expiration of that 60-day

11 period, and after consideration of all written objections re12 ceived by the Administrator during that period, NASA

13 shall issue a final list of competitively sensitive technology

14 areas.

15 ‘‘(4) For purposes of this subsection, the term ‘tech16 nical data’ means any recorded information, including

17 computer software, that is or may be directly applicable

18 to the design, engineering, development, production, man19 ufacture, or operation of products or processes that may

20 have significant value in maintaining leadership or com21 petitiveness in civil and governmental aeronautical and

22 space activities by the United States industrial base.’’.

23 SEC. 215. INDEPENDENT RESEARCH AND DEVELOPMENT.

24 The Congress finds that it is appropriate for costs

25 contributed by a contractor under a cooperative agreement
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1 with the National Aeronautics and Space Administration

2 to be considered as allowable independent research and de3 velopment costs, for purposes of section 31.205-18 of the

4 Federal Acquisition Regulations if the work performed

5 would have been allowable as contractor independent re6 search and development costs had there been no coopera7 tive agreement. The Administration shall seek a revision

8 to that section of the Federal Acquisition Regulations to

9 reflect the intent of the Congress expressed in the preced10 ing sentence.

11 SEC. 216. REDUCTION OR SUSPENSION OF CONTRACT PAY12 MENTS BASED ON SUBSTANTIAL EVIDENCE

13 OF FRAUD.

14 Section 2307(h)(8) of title 10, United States Code,

15 is amended by striking ‘‘and (4)’’ and inserting ‘‘(4), and

16 (6)’’.

17 SEC. 217. EDUCATIONAL ACTIVITIES.

18 The Administrator shall transmit to Congress, no later

19 than July 31, 1997, a strategic plan for National Aero20 nautics and Space Administration educational activities

21 based on the human exploration and development of space

22 and specifically the International Space Station program.

23 The plan shall describe principles, goals, objectives, specific

24 initiatives, and specific educational communities with

25 which the Administrator proposes to work.
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1 TITLE III—EMPLOYMENT REDUCTION

2 ASSISTANCE

3 SEC. 301. SHORT TITLE.

4 This title may be cited as the ‘‘National Aeronautics

5 and Space Administration Federal Employment Reduction

6 Assistance Act of 1996’’.

7 SEC. 302. DEFINITIONS.

8 For purpose of this title—

9 (1) EMPLOYEE.—The term ‘‘employee’’ means

10 an employee of the National Aeronautics and Space

11 Administration serving under an appointment with12 out time limitation, who has been currently em13 ployed with NASA for a continuous period of at

14 least 12 months, except that such term does not in15 clude—

16 (1) a reemployed annuitant under subchapter

17 III of chapter 83 or chapter 84 of title 5, United

18 States Code, or another retirement system for em19 ployees of the Government;

20 (2) an employee who is in receipt of a specific

21 notice of involuntary separation for misconduct or

22 unacceptable performance;

23 (3) an employee who, upon completing an addi24 tional period of service as referred to in section

25 3(b)(2)(B)(ii) of the Federal Workforce Restructur-
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1 ing Act of 1994 (Public Law 103-226; 108 Stat.

2 111), would qualify for a voluntary separation incen3 tive payment under section 3 of such Act; or

4 (4) an employee who has previously received

5 any voluntary separation incentive payment by the

6 Federal Government under this title or any other

7 authority and has not repaid such payment.

8 (2) EMPLOYMENT.—The term ‘‘employment’’—

9 ((A) includes employment of any length or

10 under any type of appointment, but does not in11 clude employment that is without compensation;

12 and

13 (B) includes employment under a personal

14 services contract.

15 SEC. 303. INCENTIVE PAYMENT PROGRAM.

16 In order to avoid or minimize the need for involuntary

17 separations due to a reduction in force, installation clo18 sure, reorganization, transfer of function, or other similar

19 action affecting the National Aeronautics and Space Ad20 ministration, the Administrator shall establish a program

21 under which separation pay, subject to the availability of

22 appropriated funds, may be offered to encourage eligible

23 employees to separate from service voluntarily (whether by

24 retirement or resignation).
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1 SEC. 304. INCENTIVE PAYMENTS.

2 In order to receive a voluntary separation incentive

3 payment, an employee must separate voluntarily (whether

4 by retirement or resignation) during the period of time

5 for which the payment of incentives has been authorized

6 for the employee under the agency plan. Such separation

7 payments—

8 (1) shall be paid in a lump sum after the em9 ployee’s separation, and

10 (2) shall be equal to the lesser of—

11 (A) an amount equal to the amount the

12 employees would be entitled to receive under

13 section 5595(c) of title 5, United States Code,

14 if the employee were entitled to payment under

15 such section; or

16 (B) $25,000;

17 (3) shall not be a basis for payment, and shall

18 not be included in the computation, of any other

19 type of Government benefit;

20 (4) shall not be taken into account for purposes

21 of determining the amount of any severance pay to

22 which an individual may be entitled under section

23 5595 of title 5, United States Code, based on any

24 other separation;

25 (5) shall be considered payment for a voluntary

26 separation; and
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1 (6) shall be paid from the appropriations or

2 funds available for payment of the basic pay of the

3 employee.

4 SEC. 305. EFFECT OF SUBSEQUENT EMPLOYMENT WITH

5 THE GOVERNMENT.

6 (a) GENERAL RULE.—An individual who has received

7 a voluntary separation incentive payment under this sec8 tion and accepts any employment with the Government of

9 the United States within 5 years after the date of the sep10 aration on which the payment is based shall be required

11 to repay, prior to the individual’s first day of employment,

12 the entire amount of the incentive payment to NASA.

13 (b) EXECUTIVE BRANCH WAIVER.—If the employ14 ment under subsection (a) is with an Executive agency (as

15 defined by section 105 of title 5, United States Code), the

16 United States Postal Service, or the Postal Rate Commis17 sion, the Director of the Office of Personnel Management

18 may, at the request of the head of the agency, waive the

19 repayment if the individual involved possesses unique abili20 ties and is the only qualified applicant available for the

21 position.

22 (c) LEGISLATIVE BRANCH WAIVER.—If the employ23 ment under subsection (a) is with an entity in the legisla24 tive branch, the head of the entity or the appointing offi25 cial may waive the repayment if the individual involved
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1 possesses unique abilities and is the only qualified appli2 cant available for the position.

3 (d) JUDICIAL BRANCH WAIVER.—If the employment

4 under subsection (a) is with the judicial branch, the Direc5 tor of the Administrative Office of the United States

6 Courts may waiver the repayment if the individual in7 volved possesses unique abilities and is the only qualified

8 applicant available for the position.

9 SEC. 306. EFFECT OF SUBSEQUENT DISABILITY RETIRE10 MENT.

11 An employee who has received an incentive payment

12 is ineligible to receive an annuity for reasons of disability

13 under applicable regulations, unless the incentive payment

14 is repaid.

15 SEC. 307. ADDITIONAL AGENCY CONTRIBUTIONS TO THE

16 RETIREMENT FUND.

17 (a) PERCENTAGE OF FINAL BASIC PAY.—In addition

18 to any other payments which it is required to make under

19 subchapter III of chapter 83 or chapter 84 of title 5, Unit20 ed States Code, NASA shall remit to the Office of Person21 nel Management for deposit in the Treasury of the United

22 States to the credit of the Civil Service Retirement and

23 Disability Fund an amount equal to 15 percent of the final

24 basic pay of each employee who is covered under sub25 chapter III of chapter 83 or chapter 84 of title 5 to whom
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1 a voluntary separation incentive has been paid under this

2 title.

3 (b) FINAL BASIC PAY DEFINED.—For the purpose

4 of this section, the term ‘‘final basic pay’’, with respect

5 to an employee, means the total amount of basic pay which

6 would be payable for a year of service by such employee,

7 computed using the employee’s final rate of basic pay,

8 and, if last serving on other than a full time basis, with

9 appropriate adjustment therefor.

10 SEC. 308. REDUCTION OF AGENCY EMPLOYMENT LEVELS.

11 (a) REDUCTION OF EMPLOYMENT.—Total full time

12 equivalent employment of NASA shall be reduced by one

13 for each separation of an employee who receives a vol14 untary separation incentive payment under this title. The

15 reduction will be calculated by comparing the agency’s full

16 time equivalent employment for the fiscal year in which

17 the voluntary separation payments are made with the ac18 tual full time equivalent employment for the prior fiscal

19 year.

20 (b) ENFORCEMENT.—The Office of Management and

21 Budget shall monitor and take appropriate action nec22 essary to ensure that the requirements of this section are

23 met.

24 (c) LIMITATION.—The President shall take appro25 priate action to ensure that functions involving more than
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1 10 full time equivalent employees are not converted to con2 tracts by reason of this section, except in cases in which

3 a cost comparison demonstrates such contracts would be

4 to the advantage of the Government.

5 (d) WAIVER.—The provisions of subsections (a) and

6 (c) of this section may be waived upon a determination

7 by the President that—

8 (1) the existence of a state of war or other na9 tional emergency so requires; or

10 (2) the existence of an extraordinary emergency

11 which threatens life, health, safety, property, or the

12 environment so requires.

13 SEC. 309. REPORTS.

14 No later than March 31 of each fiscal year, NASA

15 shall submit to the Office of Personnel Management, for

16 transmission to the Committee on Commerce, Science, and

17 Transportation, and the Committee on Governmental Af18 fairs, of the Senate and the Committee on Commerce, and

19 the Committee on Government Reform and Oversight of

20 the House of Representatives, a report which, with respect

21 to the preceding fiscal year, shall include—

22 (1) the number of employees who received vol23 untary separation incentives;

24 (2) the average amount of such incentives; and
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1 (3) the average grade or pay level of the em2 ployees who received incentives.

3 SEC. 310. EFFECTIVE DATE.

4 (a) IN GENERAL.—The provisions of this title shall

5 take effect on the date of enactment of this Act.

6 (b) TERMINATION.—No voluntary separation incen7 tive under this title may be paid based on the separation

8 of an employee after September 30, 2000.

9 TITLE IV—COMMERCIAL SPACE LAUNCH ACT

10 AMENDMENTS

11 SEC. 401. AMENDMENT OF TITLE 49.

12 Except as otherwise expressly provided, whenever in

13 this title an amendment or repeal is expressed in terms

14 of an amendment to, or repeal of, a section or other provi15 sion, the reference shall be considered to be made to a

16 section or other provision of title 49, United States Code.

17 SEC. 402. AMENDMENT OF SECTION 70101.

18 Section 70101 (relating to findings and purposes) is

19 amended—

20 (1) by inserting ‘‘microgravity research,’’ after

21 ‘‘information services,’’ in subsection (a)(3);

22 (2) by inserting ‘‘commercial space transpor23 tation services, including in-space transportation ac24 tivities and’’ after ‘‘providing’’ in subsection (a)(4);
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1 (3) by striking ‘‘commercial launch vehicles’’ in

2 subsection (a)(5) and inserting ‘‘commercial space

3 transportation including commercial launch vehicles,

4 in-space transportation activities, reentry vehicles,’’;

5 (4) by striking ‘‘launch’’ in subsection (a)(6)

6 and inserting ‘‘launch, in-space transportation, and

7 reentry’’;

8 (5) by striking ‘‘launches’’ each place it appears

9 in subsection (a)(7) and inserting ‘‘launches, in10 space transportation activities, reentries’’ after ;

11 (6) by striking ‘‘sites and complementary facili12 ties, the providing of launch’’ in subsection (a)(8)

13 and inserting ‘‘sites, in-space transportation control

14 sites, reentry sites, and complementary facilities, the

15 providing of launch, in-space transportation, and re16 entry’’;

17 (7) by inserting ‘‘in-space transportation con18 trol sites, reentry sites,’’ after ‘‘launch sites,’’ in

19 subsection (a)(9);

20 (8) by striking ‘‘launch vehicles’’ in subsection

21 (b)(2) and inserting ‘‘commercial space transpor22 tation services, including launch vehicles, in-space

23 transportation activities, reentry vehicles,’’;
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1 (9) by striking ‘‘launch’’ the first place it ap2 pears in subsection (b)(3) and inserting ‘‘launch, in3 space transportation vehicle, and reentry’’;

4 (10) by striking ‘‘commercial launch’’ the sec5 ond place it appears in subsection (b)(3); and

6 (11) by inserting ‘‘in-space transportation vehi7 cle control facilities, and development of reentry

8 sites’’ after ‘‘facilities,’’ in subsection (b)(4).

9 SEC. 403. AMENDMENT OF SECTION 70102.

10 Section 70102 (relating to definitions) is amended—

11 (1) by inserting ‘‘from Earth, including a re12 entry vehicle and its payload, if any’’ after ‘‘and any

13 payload’’ in paragraph (3);

14 (2) by striking ‘‘object’’ the first place it ap15 pears in paragraph (8) and inserting ‘‘object, includ16 ing a reentry vehicle and its payload, if any,’’;

17 (3) by redesignating paragraphs (9) through

18 (12) as paragraphs (16) through (19), respectively;

19 (4) by inserting after paragraph (8) the follow20 ing:

21 ‘‘(9) ‘in-space transportation vehicle’ means any

22 vehicle designed to operate in space and designed to

23 transport any payload or object substantially intact

24 from one orbit to another orbit.
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1 ‘‘(10) ‘in-space transportation services’

2 means—

3 ‘‘(A) those activities involved in the direct

4 transportation or attempted transportation of a

5 payload or object from one orbit to another;

6 ‘‘(B) the procedures, actions, and activities

7 necessary for conduct of those transportation

8 services; and

9 ‘‘(C) the conduct of transportation serv10 ices.

11 ‘‘(11) ‘in-space transportation control site’

12 means a location from which an in-space transpor13 tation vehicle is controlled or operated (as such

14 terms may be defined in any license the Secretary is15 sues or transfers under this chapter).

16 ‘‘(12) ‘reenter’ and ‘reentry’ mean to return

17 purposefully, or attempt to return, a reentry vehicle

18 and payload, if any, from Earth orbit or outer space

19 to Earth.

20 ‘‘(13) ‘reentry services’ means—

21 ‘‘(A) activities involved in the preparation

22 of a reentry vehicle and its payload, if any, for

23 reentry; and

24 ‘‘(B) the conduct of a reentry.
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1 ‘‘(14) ‘reentry site’ means the location on

2 Earth to which a reentry vehicle is intended to

3 return (as defined in a license the Secretary is4 sues or transfers under this chapter).

5 ‘‘(15) ‘reentry vehicle’ means any vehicle de6 signed to return substantially intact from Earth

7 orbit or outer space to Earth.’’;

8 (5) by striking ‘‘launch’’ each place it appears

9 in paragraph (18), as redesignated and inserting

10 ‘‘launch services, in-space transportation activities,

11 or reentry’’.

12 SEC. 404. AMENDMENT OF SECTION 70103.

13 Section 70103(b) (relating to facilitating commercial

14 launches) is amended—

15 (1) by striking ‘‘LAUNCHES’’ in the caption and

16 inserting ‘‘SPACE ACTIVITIES’’;

17 (2) by striking ‘‘commercial space launches’’ in

18 paragraph (1) and inserting ‘‘commercial space

19 transportation services’’; and

20 (3) by striking ‘‘a space launch’’ in subsection

21 (b)(2) and inserting ‘‘space transportation’’.

22 SEC. 405. AMENDMENT OF SECTION 70104.

23 Section 70104 (relating to restrictions on launches

24 and operations) is amended—
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1 (1) by striking the section caption and inserting

2 the following:

3 ‘‘Restrictions on launches, in-space transportation

4 activities, operations, and reentries’’;

5 (2) by striking ‘‘site’’ each place it appears in

6 subsection (a) and inserting ‘‘site, an in-space trans7 portation operations site, reentry site, or reenter a

8 reentry vehicle,’’;

9 (3) by striking ‘‘launch or operation’’ in sub10 sections (a) (3) and (4) and inserting ‘‘launch, in11 space transportation activity, or reentry operation’’;

12 (4) by striking subsection (b) and inserting the

13 following:

14 ‘‘(b) COMPLIANCE WITH PAYLOAD REQUIRE15 MENTS.—The holder of a license under this chapter may

16 launch a payload, operate an in-space transportation vehi17 cle, or reenter a payload only if the payload or vehicle com18 plies with all requirements of the laws of the United States

19 related to launching a payload, operating an in-space

20 transportation vehicle, or reentering a payload.’’;

21 (5) by striking the caption of subsection (c) and

22 inserting the following: ‘‘(c) PREVENTING

23 LAUNCHES, IN-SPACE TRANSPORTATION ACTIVITIES,

24 OR REENTRIES.—’’; and
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1 (6) by striking ‘‘launch’’ each place it appears

2 in subsection (c) and inserting ‘‘launch, in-space

3 transportation activity, or reentry’’.

4 SEC. 406. AMENDMENT OF SECTION 70105.

5 Section 70105 (relating to license applications and

6 requirements) is amended—

7 (1) by striking ‘‘site’’ in subsection (b)(1) and

8 inserting ‘‘site, an in-space transportation control

9 site, or a reentry site or the reentry of a reentry ve10 hicle,’’; and

11 (2) by striking ‘‘or operation’’ and inserting in

12 lieu thereof ‘‘, in-space transportation activity, oper13 ation, or reentry’’ in subsection (b)(2)(A).

14 SEC. 407. AMENDMENT OF SECTION 70106.

15 Section 70106(a) (relating to monitoring activities

16 general requirements) is amended—

17 (1) by striking ‘‘launch site’’ and inserting

18 ‘‘launch site, in-space transportation control site, or

19 reentry site’’;

20 (2) by inserting ‘‘in-space transportation vehi21 cle, or reentry vehicle,’’ after ‘‘launch vehicle,’’ and

22 (3) by striking ‘‘vehicle.’’ and inserting ‘‘vehicle,

23 in-space transportation vehicle, or reentry vehicle.’’.
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1 SEC. 408. AMENDMENT OF SECTION 70108.

2 Section 70108 (relating to prohibition, suspension,

3 and end of launches and operation of launch sites) is

4 amended—

5 (1) by striking the section caption and inserting

6 the following:

7 ‘‘Prohibition, suspension, and end of launches, in8 space transportation activities, reentries,

9 or operation of launch sites, in-space

10 transportation control sites, or reentry

11 sites’’;

12 and

13 (2) by striking ‘‘site’’ in subsection (a) and in14 serting ‘‘site, in-space transportation control site, in15 space transportation activity, or reentry site, or re16 entry of a reentry vehicle,’’; and

17 (3) by striking ‘‘launch or operation’’ in sub18 section (a) and inserting ‘‘launch, in-space transpor19 tation activity, operation, or reentry’’.

20 SEC. 409. AMENDMENT OF SECTION 70109.

21 (a) CAPTION.—The section caption of section 70109

22 (relating to preemption of scheduled launches) is amended

23 to read as follows:
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1 ‘‘Preemption of scheduled launches, in-space trans2 portation activities, or reentries’’.

3 (b) AMENDMENT OF SUBSECTION (a).—Subsection

4 (a) is amended—

5 (1) by inserting ‘‘or reentry’’ after ‘‘ensure that

6 a launch’’;

7 (2) by striking ‘‘site’’ in the first sentence and

8 inserting ‘‘site, reentry site,’’;

9 (3) by inserting ‘‘nor shall an in-space trans10 portation activity or operation be preempted,’’ after

11 ‘‘launch property,’’ in the first sentence;

12 (4) by inserting ‘‘or reentry date commitment’’

13 after ‘‘launch date commitment’’;

14 (5) by inserting ‘‘or reentry’’ after ‘‘obtained

15 for a launch’’;

16 (6) by striking ‘‘site’’ in the second sentence

17 and inserting ‘‘site, reentry site,’’;

18 (7) by striking ‘‘services’’ in the second sen19 tence and inserting ‘‘services, or services related to

20 a reentry,’’;

21 (8) by inserting ‘‘or reentry’’ after ‘‘the sched22 uled launch’’; and

23 (9) by adding at the end thereof the following:

24 ‘‘A licensee or transferee preempted from access to

25 a reentry site does not have to pay the Government

26 agency responsible for the preemption any amount
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1 for reentry services attributable only to the sched2 uled reentry prevented by the preemption.’’.

3 (c) AMENDMENT OF SUBSECTION (c).—Subsection

4 (c) is amended by inserting ‘‘or reentry’’ after ‘‘prompt

5 launching’’ in subsection (c).

6 SEC. 410. AMENDMENT OF SECTION 70110.

7 Section 70110 (relating to administrative hearings

8 and judicial review) is amended—

9 (1) by striking ‘‘launch’’ in subsection (a)(2)

10 and inserting ‘‘launch, in-space transportation activ11 ity, or reentry’’; and

12 (B) by striking ‘‘site’’ in subsection

13 (a)(3)(B) and inserting ‘‘site, in-space transpor14 tation control site, in-space transportation ac15 tivity, reentry site, or reentry of a reentry vehi16 cle,’’.

17 SEC. 411. AMENDMENT OF SECTION 70111.

18 Section 70111 (relating to acquiring United States

19 Government property and services) is amended—

20 (1) by inserting ‘‘in-space transportation activi21 ties, or reentry services’’ after ‘‘launch services,’’ in

22 subsection (a)(1)(B);

23 (2) by striking ‘‘services’’ in subsection (a)(2)

24 and inserting ‘‘services, in-space transportation ac25 tivities, or reentry services’’;
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1 (3) by inserting ‘‘or reentry’’ after ‘‘launch’’ in

2 subsection (a)(2)(A);

3 (4) by inserting ‘‘or reentry’’ after ‘‘launch’’ the

4 first place it appears in subsection (a)(2)(B);

5 (5) by striking ‘‘launch’’ each place it appears

6 in subsection (b)(1) and inserting ‘‘launch, in-space

7 transportation activity, or reentry’’;

8 (6) by striking ‘‘services’’ the first place it ap9 pears in subsection (b)(2)(C) and inserting ‘‘serv10 ices, in-space transportation activities or services, or

11 reentry services’’; and

12 (6) by striking subsection (d) and inserting the

13 following:

14 ‘‘(d) COLLECTION BY OTHER GOVERNMENTAL

15 HEADS.—The head of a department, agency, or instru16 mentality of the Government may collect a payment for

17 any activity involved in producing a launch vehicle, in18 space transportation vehicle, or reentry vehicle or its pay19 load for launch, in-space transportation activity, or re20 entry if the activity was agreed to by the owner or manu21 facturer of the launch vehicle, in-space transportation ve22 hicle, reentry vehicle, or payload.’’.

23 SEC. 412. AMENDMENT OF SECTION 70112.

24 Section 70112 (relating to liability insurance and fi25 nancial responsibility requirements) is amended—
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1 (1) by inserting ‘‘one reentry, or to the oper2 ations of each in-space transportation vehicle’’ after

3 ‘‘launch,’’ in subsection (a)(3);

4 (2) by inserting ‘‘in-space transportation activi5 ties, or reentry services,’’ after ‘‘launch services,’’

6 each place it appears in subsections (a)(4) and

7 (b)(2);

8 (3) by striking ‘‘services’’ in subsection (b)(1)

9 and the third place it appears in subsection (b)(2)

10 and inserting ‘‘services, in-space transportation ac11 tivities, or reentry services,’’;

12 (3) by inserting ‘‘applicable’’ after ‘‘carried out

13 under the’’ in subsections (b)(1) and (2);

14 (4) by striking ‘‘Science, Space, and Tech15 nology’’ in subsection (d) and inserting ‘‘Science’’;

16 (5) by striking ‘‘LAUNCHES’’ in the caption of

17 subsection (e) and inserting ‘‘LAUNCHES, IN-SPACE

18 TRANSPORTATION ACTIVITIES, OR REENTRIES’’; and

19 (6) by striking ‘‘site’’ in subsection (e) and in20 serting ‘‘site, in-space transportation control site, or

21 control of an in-space transportation vehicle or activ22 ity, or reentry site or a reentry’’.

23 SEC. 413. AMENDMENT OF SECTION 70113.

24 Section 70113 (relating to paying claims exceeding

25 liability insurance and financial responsibility require-
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1 ments) is amended by striking ‘‘launch’’ each place it ap2 pears in subsections (a)(1), (d)(1), and (d)(2) and insert3 ing ‘‘launch, operation of one in-space transportation vehi4 cle, or one reentry’’.

5 SEC. 414. AMENDMENT OF SECTION 70115.

6 Section 70115(b)(1)(D)(i) (relating to enforcement

7 and penalty general authority) is amended—

8 (1) by inserting ‘‘in-space transportation con9 trol site, or reentry site,’’ after ‘‘launch site,’’;

10 (2) by inserting ‘‘in-space transportation vehi11 cle, or reentry vehicle’’ after ‘‘launch vehicle,’’; and

12 (3) by striking ‘‘vehicle’’ the second place it ap13 pears and inserting ‘‘vehicle, in-space transportation

14 vehicle, or reentry vehicle’’.

15 SEC. 415. AMENDMENT OF SECTION 70117.

16 Section 70117 (relating to relationship to other exec17 utive agencies, laws, and international obligations) is

18 amended—

19 (1) by striking ‘‘vehicle or operate a launch

20 site.’’ in subsection (a) and inserting ‘‘vehicle, oper21 ate a launch site, perform in-space transportation

22 activities or operate an in-space transportation con23 trol site or reentry site, or reenter a reentry vehi24 cle.’’;
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1 (2) by striking ‘‘launch’’ in subsection (d) and

2 inserting ‘‘launch, perform an in-space transpor3 tation activity, or reentry’’;

4 (3) by striking subsections (f) and (g), and in5 serting the following:

6 ‘‘(f) LAUNCH NOT AN EXPORT OR IMPORT.—A

7 launch vehicle, reentry vehicle, or payload that is launched

8 or reentered is not, because of the launch or reentry, an

9 export or import for purposes of a law controlling exports

10 or imports.

11 ‘‘(g) NONAPPLICATION.—This chapter does not apply

12 to—

13 ‘‘(1) a launch, in-space transportation activity,

14 reentry, operation of a launch vehicle, in-space

15 transportation vehicle, or reentry vehicle, or of a

16 launch site, in-space transportation control site, or

17 reentry site, or other space activity the Government

18 carries out for the Government; or

19 ‘‘(2) planning or policies related to the launch,

20 in-space transportation activity, reentry, or oper21 ation.’’.

22 SEC. 416. REPORT TO CONGRESS.

23 Chapter 701 is amended by adding at the end thereof

24 the following new section:
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1 ‘‘§ 70120. Report to Congress

2 ‘‘The Secretary of Transportation shall submit to

3 Congress an annual report to accompany the President’s

4 budget request that—

5 ‘‘(1) describes all activities undertaken under

6 this chapter, including a description of the process

7 for the application for and approval of licenses under

8 this chapter and recommendations for legislation

9 that may further commercial launches and reentries;

10 and

11 ‘‘(2) reviews the performance of the regulatory

12 activities and the effectiveness of the Office of Com13 mercial Space Transportation.’’.

14 SEC. 417. AMENDMENT OF TABLE OF SECTIONS.

15 The table of sections for chapter 701 of title 49,

16 United States Code, is amended—

17 (1) by amending the item relating to section

18 70104 to read as follows:

‘‘70104. Restrictions on launches, in-space transportation activities, operations,

and reentries’’;

19 (2) by amending the item relating to section

20 70108 to read as follows:

‘‘70108. Prohibition, suspension, and end of launches, in-space transportation

activities, reentries, or operation of launch sites, in-space transportation control sites, or reentry sites’’;

21 (3) by amending the item relating to section

22 70109 to read as follows:
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‘‘70109. Preemption of scheduled launches, in-space transportation activities, or

reentries’’;

1 and

2 (4) by adding at the end the following new

3 item:

‘‘70120. Report to Congress’’.

4 SEC. 418. REGULATIONS.

5 The Secretary of Transportation shall issue regula6 tions under chapter 701 of title 49, United States Code,

7 that include—

8 (1) guidelines for industry to obtain sufficient

9 insurance coverage for potential damages to third

10 parties;

11 (2) procedures for requesting and obtaining li12 censes to operate a commercial launch vehicle and

13 reentry vehicle;

14 (3) procedures for requesting and obtaining op15 erator licenses for launch and reentry; and

16 (4) procedures for the application of govern17 ment indemnification.

18 SEC. 419. SPACE ADVERTISING.

19 (a) DEFINITION.—Section 70102, as amended by sec20 tion 303, is amended by redesignating paragraphs (12)

21 through (19) as (13) through (20), respectively, and by

22 inserting after paragraph (11) the following new para23 graph:
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1 ‘‘(12) ‘obtrusive space advertising’ means ad2 vertising in outer space that is capable of being rec3 ognized by a human being on the surface of the

4 earth without the aid of a telescope or other techno5 logical device;’’.

6 (b) PROHIBITION.—Chapter 701 is amended by in7 serting after section 70109 the following new section:

8 ‘‘§ 70109a. Space advertising

9 ‘‘(a) LICENSING.—Notwithstanding the provisions of

10 this chapter or any other provision of law, the Secretary

11 shall not—

12 ‘‘(1) issue or transfer a license under this chap13 ter; or

14 ‘‘(2) waive the license requirements of this

15 chapter;

16 for the launch of a payload containing any material to be

17 used for the purposes of obtrusive space advertising.

18 ‘‘(b) LAUNCHING.—No holder of a license under this

19 chapter may launch a payload containing any material to

20 be used for purposes of obtrusive space advertising on or

21 after the date of enactment of the National Aeronautics

22 and Space Administration Authorization Act, Fiscal Year

23 1996.

24 ‘‘(c) COMMERCIAL SPACE ADVERTISING.—Nothing in

25 this section shall apply to nonobtrusive commercial space
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1 advertising, including advertising on commercial space

2 transportation vehicles, space infrastructure, payloads,

3 space launch facilities, and launch support facilities.’’.

4 (c) NEGOTIATION WITH FOREIGN LAUNCHING NA5 TIONS.—

6 (1) The President is requested to negotiate with

7 foreign launching nations for the purpose of reach8 ing an agreement or agreements that prohibit the

9 use of outer space for obtrusive space advertising

10 purposes.

11 (2) It is the sense of Congress that the Presi12 dent should take such action as is appropriate and

13 feasible to enforce the terms of any agreement to

14 prohibit the use of outer space for obtrusive space

15 advertising purposes.

16 (3) As used in this subsection, the term ‘‘for17 eign launching nation’’ means a nation—

18 (A) which launches, or procures the

19 launching of, a payload into outer space; or

20 (B) from whose territory or facility a pay21 load is launched into outer space.

22 (d) CLERICAL AMENDMENT.—The table of sections

23 for chapter 701 is amended by inserting the following

24 after the item relating to section 70109:

‘‘70109a. Space advertising’’.