II

104TH CONGRESS

2D SESSION S. 1839

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

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,

3 SECTION 1. SHORT TITLE.

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

5 and Space Administration Authorization Act, Fiscal Year

6 1997’’.
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1 SEC. 2. DEFINITIONS.

2 For the purposes of this Act—

3 (1) the term ‘‘Administrator’’ means the Ad4 ministrator of the National Aeronautics and Space

5 Administration; and

6 (2) the term ‘‘NASA’’ means the National Aer7 onautics and Space Administration.

8 TITLE I—AUTHORIZATION OF APPROPRIATIONS

9 SEC. 101. HUMAN SPACE FLIGHT.

10 The following amounts are authorized to be appro11 priated to NASA for the following programs, which

12 amounts shall become available October 1, 1996:

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

14 (2) United States/Russian cooperation,

15 $138,200,000.

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

17 (4) Payload and utilization operations,

18 $271,800,000.

19 (5) Construction of facilities relating to such

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

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

22 (KSC), $1,800,000;

23 (B) Restoration of Pad B Fixed Support

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

25 (C) Rehabilitation of 480V Electrical Dis26 tribution System, Kennedy Space Center, Ex-
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1 ternal Tank Manufacturing Building (MAF),

2 $2,500,000; and

3 (D) Restoration of High Pressure Indus4 trial Water Plant, Stennis Space Center,

5 $2,500,000.

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

7 The following amounts are authorized to be appro8 priated to NASA for the following programs, which

9 amounts shall become available October 1, 1996:

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

11 (2) Life and microgravity sciences and applica12 tions, $498,500,000.

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

14 (4) Aeronautical research and technology,

15 $857,800,000.

16 (5) Space Access and technology,

17 $683,000,000.

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

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

20 States Science Education and Outreach Center.

21 (7) Mission communication services,

22 $420,600,000.
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1 SEC. 103. MISSION SUPPORT.

2 The following amounts are authorized to be appro3 priated to NASA for the following programs, which

4 amounts shall become available October 1, 1996:

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

6 $36,700,000.

7 (2) Space communication services,

8 $291,400,000.

9 (3) Construction of facilities (including land ac10 quisition) including the following:

11 (A) Modernization of Electrical Distribu12 tion System, Ames Research Center,

13 $2,400,000.

14 (B) Modification of Aircraft Ramp and

15 Tow Way, Dryden Flight Research Center,

16 $3,000,000.

17 (C) Restoration of Hangar Building 4801,

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

19 (D) Modernization of Secondary Electrical

20 Systems, Goddard Space Flight Center,

21 $1,500,000.

22 (E) Restoration of Chilled Water Distribu23 tion System, Goddard Space Flight Center,

24 $4,000,000.
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1 (F) Modification of Refrigeration Systems,

2 Various Buildings, Jet Propulsion Laboratory,

3 $2,800,000.

4 (G) Rehabilitation of Utility Tunnel Struc5 ture and Systems, Johnson Space Center,

6 $2,600,000.

7 (H) Rehabilitation of Utility Tunnel Struc8 ture and System, Johnson Space Center,

9 $4,400,000.

10 (I) Replacement of DX Units with Central

11 Chilled Water System, Logistics Facility, Ken12 nedy Space Center, $1,800,000.

13 (J) Rehabilitation of Central Air Equip14 ment Building, Lewis Research Center,

15 $6,500,000.

16 (K) Modification of Chilled Water System,

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

18 (L) Rehabilitation of Condenser Water sys19 tem, 202/207 Complex, (MAF), $2,100,000.

20 (M) Minor Revitalization of Facilities at

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

22 per project, $57,900,000.

23 (N) Minor construction of new facilities

24 and additions to existing facilities at various lo-
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1 cations, not in excess of $1,500,000 per project,

2 $3,400,000.

3 (O) Facility planning and design, not oth4 erwise provided for, $18,700,000.

5 (P) Environmental compliance and restora6 tion, $33,000,000.

7 (4) Research and program management,

8 $2,078,800,000.

9 SEC. 104. INSPECTOR GENERAL.

10 There are authorized to be appropriated to NASA for

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

12 become available October 1, 1996.

13 TITLE II—LIMITATIONS AND GENERAL

14 PROVISIONS

15 SEC. 201. SPACE STATION LIMITATION.

16 The aggregate amount authorized to be appropriated

17 for Space Station and related activities under sections

18 101, 102, and 103 shall not exceed $2,100,000,000.

19 SEC. 202. EXPERIMENTAL PROGRAM TO STIMULATE COM20 PETITIVE RESEARCH.

21 Of the amounts authorized under section 102 for

22 Academic Programs, the Administrator shall allocate at

23 least $10,000,000 for the Experimental Program to Stim24 ulate Competitive Research.
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1 SEC. 203. RADAR REMOTE SENSING SATELLITES.

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

3 (1) radar satellites represent one of the most

4 important developments in remote sensing satellite

5 technology in recent years;

6 (2) the ability of radar satellites to provide

7 high-quality Earth imagery regardless of cloud cover

8 and to provide three-dimensional pictures of the

9 Earth’s surface when the satellites are flown in com10 bination dramatically enhance conventional optical

11 remote sensing satellite capabilities and usefulness;

12 (3) the National Aeronautics and Space Admin13 istration has developed a unique background and ex14 pertise in developing and operating radar satellites

15 as a result of their activities connected with its

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

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

18 Space Shuttle;

19 (4) other nations currently have operational

20 radar satellite systems, including Japan and West21 ern Europe, with other spacefaring nations expected

22 to develop such systems in the near future; and

23 (5) the development of an operational radar

24 satellite program at NASA featuring free-flying sat25 ellites and a related ground system is critical to

26 maintain United States leadership in remote sensing
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1 satellite technology and is important to our national

2 security and international competitiveness.

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

4 that—

5 (1) NASA should develop and operate a radar

6 satellite program as soon as practicable;

7 (2) NASA should build on the experience and

8 knowledge gained from its previous radar endeavors;

9 (3) NASA should work with other Federal

10 agencies and, as appropriate, with other spacefaring

11 nations, in its radar satellite activities; and

12 (4) NASA should make maximum use of exist13 ing National remote sensing assets such as the

14 Landsat system, activities connected with the Mis15 sion to Planet Earth, and the data management fa16 cilities of the Department of the Interior in all of its

17 radar satellite activities.

18 (c) PROGRAM REQUIREMENTS.—NASA shall initiate

19 a program to develop and operate a radar satellite pro20 gram. The program shall employ the most advanced radar

21 satellite technology currently commercially available for

22 export. To the maximum extent possible, all of the data

23 processing, dissemination, and archiving functions shall be

24 performed by the United States Geological Survey of the

25 Department of the Interior and the Alaska Synthetic Ap-
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1 erture Radar Facility. The program should be planned in

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

3 are converted into a broad range of informational products

4 with research, commercial, and government applications

5 and any other applications that are in the public interest

6 and that such products are distributed over the widest

7 user community that is practicable, including industry,

8 academia, research institutions, local and State govern9 ments, and other Federal agencies. The program should

10 coordinate with, and make appropriate use of, other re11 mote sensing satellite programs, such as the Landsat pro12 gram.

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

14 this Act, the Administrator shall submit a detailed plan

15 for implementation of the radar satellite program to the

16 Committee on Commerce, Science, and Transportation of

17 the Senate and the Committee on Science of the House

18 of Representatives. The plan should include—

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

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

21 achieve such goals and mission;

22 (3) strategies for maximizing the usefulness of

23 the satellite data to the scientific and academic com24 munities, the private sector, all levels of government,

25 and the general public;
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1 (4) concepts for integrating the program with

2 other related NASA activities (such as Mission to

3 Planet Earth), the Landsat program, and other cur4 rent and emerging remote sensing satellite programs

5 and activities in the Federal government and all

6 other public and private sectors so that the program

7 complements and strengthens such programs and ac8 tivities and is not duplicative of these efforts;

9 (5) concepts developed in consultation with De10 partment of the Interior, for processing, archiving,

11 and disseminating the satellite data using, to the

12 maximum extent possible, existing Federal govern13 ment programs and assets at the Department of the

14 Interior and other Federal agencies;

15 (6) targets and timetables for undertaking spe16 cific activities and actions within the program;

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

18 and

19 (8) a comparison between the program and the

20 radar satellite programs of other spacefaring na21 tions, addressing their respective costs, capabilities,

22 and other relevant features.

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

24 section 102 for the Space Access and Technology account,

25 the Administrator shall allocate at least $35,000,000 to
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1 the radar satellite program to conduct Phase A and Phase

2 B studies and any subsequent development and oper3 ational activities.

4 SEC. 204. RESTRUCTURING OF THE EARTH OBSERVING SYS5 TEM DATA AND INFORMATION SYSTEM.

6 The Administrator is prohibited from restructuring

7 or downscaling the baseline plan for the Earth Observing

8 System Data and Information System in place at the time

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

10 year 1996 and prohibited from implementing any plan to

11 transfer data management responsibility from the Data

12 Active Archiving Centers to other entities unless, 60 days

13 before undertaking such action, the Administrator has

14 submitted to the Committee on Commerce, Science, and

15 Transportation of the Senate and the Committee on

16 Science of the House of Representatives a written report

17 containing—

18 (1) a detailed description of the planned agency

19 action;

20 (2) the reasons and justifications for such ac21 tion;

22 (3) an analysis of the cost impact of such ac23 tion;

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

25 the scientific benefits of the program and the effect
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1 of the action on the expected applications of the sat2 ellite data from the System in such areas as global

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

4 government management, mineral exploration, agri5 culture, forestry, national security, and any other

6 areas that the Administrator deems appropriate;

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

8 the United States Global Climate Change Research

9 program and international global climate change re10 search activities; and

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

12 are planned by NASA to compensate for any likely

13 reductions in the scientific value and data collection,

14 processing, and distribution capabilities of the Sys15 tem as a result of the action.

16 SEC. 205. RURAL AEROSPACE CONSORTIA TO DEVELOP AP17 PLICATIONS FOR MISSION TO PLANET EARTH

18 DATA.

19 (a) HYDROLOGY STUDIES.—The Administrator is au20 thorized to initiate a project to conduct research on the

21 hydrology of the Upper Missouri River Basin. The project

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

23 shall employ satellite observations, surface-based radar

24 data, and ground-based hydrological and other scientific

25 measurements to develop quantitative models that address
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1 complex atmospheric and surface hydrological processes.

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

3 activities connected with the multiagency Global Energy

4 and Water Cycle Experiment to understand the inter5 actions between the atmosphere and land surfaces. In im6 plementing the project, NASA shall coordinate and con7 sult with other appropriate federal agencies, including the

8 Department of Commerce, the Department of the Interior,

9 and the National Science Foundation. To the maximum

10 extent possible, NASA shall employ the assistance of uni11 versities, local and State governments, industry, and any

12 other appropriate entities from the Upper Missouri River

13 Basin region to carry out this program and the Adminis14 trator is authorized to support the project-related work of

15 such entities with grants, technical advice, equipment, in16 kind help, and any other type of appropriate assistance.

17 If the project is initiated, then within 90 days after the

18 enactment of this Act, the Administrator shall submit a

19 plan for the implementation of this project, which shall

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

21 overall strategies for the project, to the Committee on

22 Commerce, Science, and Transportation of the Senate and

23 the Committee on Science of the House of Representa24 tives. Of the funds authorized in section 102 for Mission

25 to Planet Earth, at least $5,000,000 shall be allocated by
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1 the Administrator to the Upper Missouri River Basin

2 project.

3 (b) UPPER MIDWEST AEROSPACE CONSORTIUM.—

4 For fiscal year 1997, there are authorized within the Mis5 sion to Planet Earth account $5,000,000 for the Upper

6 Midwest Aerospace Consortium to carry out ongoing and

7 planned activities to make information derived from Mis8 sion to Planet Earth data available to the general public.

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

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

11 where feasible and cost effective, to make acquisitions of

12 space-based and airborne Earth remote sensing data, serv13 ices, distribution, and applications provided by the United

14 States private sector to meet Government goals for Mis15 sion to Planet Earth if such acquisitions fully satisfy the

16 scientific requirements of NASA.

17 (b) ADMINISTRATION.—This section shall be carried

18 out as part of the Commercial Remote Sensing Program

19 at the Stennis Space Center.

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

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

22 to Planet Earth, $50,000,000 are authorized for the pur23 poses of this section, to remain available until expended.
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1 SEC. 207. SHUTTLE PRIVATIZATION.

2 (a) IN GENERAL.—The Administrator is hereby di3 rected to conduct a study of the feasibility of implementing

4 the recommendation of the Independent Shuttle Manage5 ment Review Team that NASA transition towards the pri6 vatization of the Shuttle. The study shall identify, discuss,

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

8 major policy and legal issues that must be addressed be9 fore the Shuttle is privatized, including, but not limited

10 to, the following issues—

11 (1) whether the government or the Shuttle con12 tractor should own the Shuttle orbiters and Shuttle

13 ground facilities;

14 (2) whether the federal government should in15 demnify the contractor for any third party liability

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

17 what terms and conditions;

18 (3) whether commercial payloads should be al19 lowed to be launched on the Shuttle and whether

20 any classes of payloads should be made ineligible for

21 launch consideration;

22 (4) whether NASA and federal government pay23 loads should have priority over non-federal govern24 ment payloads in the Shuttle launch assignments

25 and what policies should be developed to prioritize

26 among payloads generally;
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1 (5) whether the public interest requires that

2 certain Shuttle functions continue to be performed

3 by the federal government; and

4 (6) whether privatization of the Shuttle would

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

6 much cost savings.

7 (b) STUDY AND REPORT.—Within 60 days of the en8 actment of this Act, NASA shall complete the study and

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

10 Commerce, Science, and Transportation of the Senate and

11 the Committee on Science of the House of Representa12 tives.

13 SEC. 208. USE OF EXISTING FACILITIES.

14 (a) IN GENERAL.—When the Administrator consid15 ers the purchase, lease, or expansion of a facility to meet

16 requirements of NASA, the Administrator shall—

17 (1) consider whether there is available to the

18 Administrator for use for meeting such require19 ments—

20 (A) any military installation that is closed

21 or being closed;

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

23 (C) any other facility, of which the Admin24 istrator is aware, that is—
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1 (i) owned or leased by the United

2 States for the use of another agency of the

3 Federal Government; and

4 (ii) considered by that other agency—

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

6 (II) to be underutilized by it; and

7 (2) in the case of an underutilized facility avail8 able in part for the Administrator’s use to meet the

9 requirements, consider locating the activity for which

10 a facility is required at the underutilized facility so

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

12 other agencies of the Federal Government.

13 (b) ADDITION OR EXPANSION.—To the maximum ex14 tent feasible and cost effective (and not inconsistent with

15 the purposes of the Defense Base Closure and Realign16 ment Act of 1990 (10 U.S.C. 2901 et seq.)), the Adminis17 trator shall meet the requirements of NASA for additional

18 or expanded facilities by using facilities that—

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

20 available to the Administrator for use to meet such

21 requirements; and

22 (2) meet NASA’s management needs.
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1 SEC. 209. USE OF FUNDS FOR CONSTRUCTION.

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

3 funds appropriated for purposes other than those appro4 priated for—

5 (1) construction of facilities;

6 (2) research and program management, exclud7 ing research operations support; and

8 (3) Inspector General,

9 for the construction of new facilities and additions to, re10 pair of, rehabilitation of, or modification of, existing facili11 ties at any location in support of the purposes for which

12 such funds are appropriated.

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

14 to subsection (a) may be expended for a project, the esti15 mated cost of which to the National Aeronautics and

16 Space Administration, including collateral equipment, ex17 ceeds $750,000, until 30 days have passed after the Ad18 ministrator has notified the Committee on Science of the

19 House of Representatives and the Committee on Com20 merce, Science, and Transportation of the Senate of the

21 nature, location, and estimated cost to the National Aero22 nautics and Space Administration of such project.

23 SEC. 210. CONSTRUCTION OF FACILITIES.

24 (a) REPROGRAMMING FOR CONSTRUCTION OF FA25 CILITIES.—If the Administrator determines that—
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1 (1) new developments in the national program

2 of aeronautical and space activities have occurred;

3 (2) such developments require the use of addi4 tional funds for the purpose of construction, expan5 sion, or modification of facilities at any location; and

6 (3) deferral of such action until the enactment

7 of the next National Aeronautics and Space Admin8 istration authorization Act would be inconsistent

9 with the interest of the Nation in aeronautical and

10 space sciences;

11 the Administrator may use the amounts authorized for

12 construction of facilities pursuant to this Act or previous

13 National Aeronautics and Space Administration author14 ization Acts for such purposes. The amounts may be used

15 to acquire, construct, convert, rehabilitate, or install tem16 porary or permanent public works, including land acquisi17 tion, site preparation, appurtenances, utilities, and equip18 ment. The Administrator may use such amounts for facil19 ity consolidations, closures, and demolition required to

20 downsize the NASA physical plant to improve operations

21 and reduce costs.

22 (b) LIMITATIONS.—

23 (1) Amounts appropriated for a construction-of24 facilities project—
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1 (A) may be varied upward by 10 percent at

2 the discretion of the Administrator; or

3 (B) may be varied upward by 25 percent

4 to meet unusual cost variations after the expi5 ration of 30 days following a report on the cir6 cumstances of such action by the Administrator

7 to the Committee on Commerce, Science, and

8 Transportation of the Senate and the Commit9 tee on Science of the House of Representatives.

10 The aggregate amount authorized to be appro11 priated for construction of facilities shall not be

12 increased as a result of actions authorized

13 under this section.

14 (2) No amounts may be obligated for a con15 struction-of-facilities project until a period of 30

16 days has passed after the Administrator or the Ad17 ministrator’s designee has transmitted to the Com18 mittee on Science of the House of Representatives,

19 and to the Committee on Commerce, Science, and

20 Transportation of the Senate, a written report de21 scribing the nature of the acquisition, construction,

22 conversion, rehabilitation, or installation, its cost,

23 and the reasons therefor.

24 (c) TITLE TO FACILITIES.—If funds are used pursu25 ant to subsection (a) for grants to institutions of higher
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1 education, or to nonprofit organizations whose primary

2 purpose is the conduct of scientific research, for purchase

3 or construction of additional research facilities, title to

4 such facilities shall be vested in the United States unless

5 the Administrator determines that the national program

6 of aeronautical and space activities will best be served by

7 vesting title in the grantee institution or organization.

8 Each such grant shall be made under such conditions as

9 the Administrator shall determine to be required to ensure

10 that the United States will receive therefrom benefits ade11 quate to justify the making of that grant.

12 SEC. 211. AVAILABILITY OF APPROPRIATED AMOUNTS.

13 To the extent provided in appropriations Acts, appro14 priations authorized under this Act may remain available

15 without fiscal year limitation.

16 SEC. 212. CONSIDERATION BY COMMITTEES.

17 Notwithstanding any other provision of this Act—

18 (1) no amount appropriated pursuant to this

19 Act may be used for any program deleted by the

20 Congress from requests as originally made to either

21 the Committee on Science of the House of Rep22 resentatives or the Committee on Commerce,

23 Science, and Transportation of the Senate; and

24 (2) no amount appropriated pursuant to the

25 Act may be used for any program in excess of the
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1 amount actually authorized for that particular pro2 gram, excluding construction-of-facility projects,

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

4 by such Committee of notice given by the Administrator

5 or the Administrator’s designee containing a full and com6 plete statement of the action proposed to be taken and

7 the facts and circumstances relied upon in support of the

8 proposed action. NASA shall keep those Committees fully

9 and currently informed with respect to all activities and

10 responsibilities within their jurisdiction. Except as other11 wise provided by law, any Federal department, agency, or

12 independent establishment shall furnish any information

13 requested by either such Committee relating to any activ14 ity or responsibility.

15 SEC. 213. USE OF FUNDS FOR SCIENTIFIC CONSULTATIONS

16 OR EXTRAORDINARY EXPENSES.

17 Funds appropriated under section 103 may be used

18 for scientific consultations or extraordinary expenses upon

19 the authority of the Administrator, but not to exceed

20 $35,000 .

21 SEC. 214. REPORTING REQUIREMENTS.

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

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

24 2476(a)) is repealed.
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1 (b) PROTECTION OF COMMERCIALLY VALUABLE IN2 FORMATION.—Section 303 of the National Aeronautics

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

4 adding at the end the following:

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

6 not to exceed 5 years, the unrestricted public disclosure

7 of technical data, related to a competitively sensitive tech8 nology, in the possession of, or under the control of, the

9 Administration that has been generated in the perform10 ance of experimental, developmental, or research activities

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

12 by, the Administration, if the technical data has signifi13 cant value in maintaining leadership or competitiveness,

14 in civil and governmental aeronautical and space activities

15 by the United States industrial base.

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

17 the Federal Register a list of all competitively sensitive

18 technology areas which it believes have a significant value

19 in maintaining the United States leadership or competi20 tiveness in civil and governmental aeronautical and space

21 activities. The list shall be generated after consultation

22 with appropriate Government agencies and a diverse cross

23 section of companies—
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1 ‘‘(A) that conduct a significant level of re2 search, development, engineering, and manufactur3 ing in the United States; and

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

5 is held by United States citizens.

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

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

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

9 period, and after consideration of all written objections re10 ceived by the Administrator during that period, NASA

11 shall issue a final list of competitively sensitive technology

12 areas.

13 ‘‘(4) For purposes of this subsection, the term ‘tech14 nical data’ means any recorded information, including

15 computer software, that is or may be directly applicable

16 to the design, engineering, development, production, man17 ufacture, or operation of products or processes that may

18 have significant value in maintaining leadership or com19 petitiveness in civil and governmental aeronautical and

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

21 SEC. 215. INDEPENDENT RESEARCH AND DEVELOPMENT.

22 The Congress finds that it is appropriate for costs

23 contributed by a contractor under a cooperative agreement

24 with the National Aeronautics and Space Administration

25 to be considered as allowable independent research and de-
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1 velopment costs, for purposes of section 31.205-18 of the

2 Federal Acquisition Regulations if the work performed

3 would have been allowable as contractor independent re4 search and development costs had there been no coopera5 tive agreement. The Administration shall seek a revision

6 to that section of the Federal Acquisition Regulations to

7 reflect the intent of the Congress expressed in the preced8 ing sentence.

9 SEC. 216. REDUCTION OR SUSPENSION OF CONTRACT PAY10 MENTS BASED ON SUBSTANTIAL EVIDENCE

11 OF FRAUD.

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

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

14 (6)’’.

15 TITLE III—EMPLOYMENT REDUCTION

16 ASSISTANCE

17 SEC. 301. SHORT TITLE.

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

19 and Space Administration Federal Employment Reduction

20 Assistance Act of 1996’’.

21 SEC. 302. DEFINITIONS.

22 For purpose of this title—

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

24 an employee of the National Aeronautics and Space

25 Administration serving under an appointment with-
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1 out time limitation, who has been currently em2 ployed with NASA for a continuous period of at

3 least 12 months, except that such term does not in4 clude—

5 (A) a reemployed annuitant under sub6 chapter III of chapter 83 or chapter 84 of title

7 5, United States Code, or another retirement

8 system for employees of the Government;

9 (B) an employee who is in receipt of a spe10 cific notice of involuntary separation for mis11 conduct or unacceptable performance;

12 (C) an employee who, upon completing an

13 additional period of service as referred to in

14 section 3(b)(2)(B)(ii) of the Federal Workforce

15 Restructuring Act of 1994 (Public Law 103-

16 226; 108 Stat. 111), would qualify for a vol17 untary separation incentive payment under sec18 tion 3 of such Act; or

19 (D) an employee who has previously re20 ceived any voluntary separation incentive pay21 ment by the Federal Government under this

22 title or any other authority and has not repaid

23 such payment.

24 (2) EMPLOYMENT.—The term ‘‘employment’’—
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1 (A) includes employment of any length or

2 under any type of appointment, but does not in3 clude employment that is without compensation;

4 and

5 (B) includes employment under a personal

6 services contract.

7 SEC. 303. INCENTIVE PAYMENT PROGRAM.

8 In order to avoid or minimize the need for involuntary

9 separations due to a reduction in force, installation clo10 sure, reorganization, transfer of function, or other similar

11 action affecting the National Aeronautics and Space Ad12 ministration, the Administrator shall establish a program

13 under which separation pay, subject to the availability of

14 appropriated funds, may be offered to encourage eligible

15 employees to separate from service voluntarily (whether by

16 retirement or resignation).

17 SEC. 304. INCENTIVE PAYMENTS.

18 In order to receive a voluntary separation incentive

19 payment, an employee must separate voluntarily (whether

20 by retirement or resignation) during the period of time

21 for which the payment of incentives has been authorized

22 for the employee under the agency plan. Such separation

23 payments—

24 (1) shall be paid in a lump sum after the em25 ployee’s separation, and
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1 (2) shall be equal to the lesser of—

2 (A) an amount equal to the amount the

3 employees would be entitled to receive under

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

5 if the employee were entitled to payment under

6 such section; or

7 (B) $25,000;

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

9 not be included in the computation, of any other

10 type of Government benefit;

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

12 of determining the amount of any severance pay to

13 which an individual may be entitled under section

14 5595 of title 5, United States Code, based on any

15 other separation;

16 (5) shall be considered payment for a voluntary

17 separation; and

18 (6) shall be paid from the appropriations or

19 funds available for payment of the basic pay of the

20 employee.

21 SEC. 305. EFFECT OF SUBSEQUENT EMPLOYMENT WITH

22 THE GOVERNMENT.

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

24 a voluntary separation incentive payment under this sec25 tion and accepts any employment with the Government of
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1 the United States within 5 years after the date of the sep2 aration on which the payment is based shall be required

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

4 the entire amount of the incentive payment to NASA.

5 (b) EXECUTIVE BRANCH WAIVER.—If the employ6 ment under subsection (a) is with an Executive agency (as

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

8 United States Postal Service, or the Postal Rate Commis9 sion, the Director of the Office of Personnel Management

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

11 repayment if the individual involved possesses unique abili12 ties and is the only qualified applicant available for the

13 position.

14 (c) LEGISLATIVE BRANCH WAIVER.—If the employ15 ment under subsection (a) is with an entity in the legisla16 tive branch, the head of the entity or the appointing offi17 cial may waive the repayment if the individual involved

18 possesses unique abilities and is the only qualified appli19 cant available for the position.

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

21 under subsection (a) is with the judicial branch, the Direc22 tor of the Administrative Office of the United States

23 Courts may waiver the repayment if the individual in24 volved possesses unique abilities and is the only qualified

25 applicant available for the position.
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1 SEC. 306. EFFECT OF SUBSEQUENT DISABILITY RETIRE2 MENT.

3 An employee who has received an incentive payment

4 is ineligible to receive an annuity for reasons of disability

5 under applicable regulations, unless the incentive payment

6 is repaid.

7 SEC. 307. ADDITIONAL AGENCY CONTRIBUTIONS TO THE

8 RETIREMENT FUND.

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

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

11 subchapter III of chapter 83 or chapter 84 of title 5, Unit12 ed States Code, NASA shall remit to the Office of Person13 nel Management for deposit in the Treasury of the United

14 States to the credit of the Civil Service Retirement and

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

16 basic pay of each employee who is covered under sub17 chapter III of chapter 83 or chapter 84 of title 5 to whom

18 a voluntary separation incentive has been paid under this

19 title.

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

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

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

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

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

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

26 appropriate adjustment therefor.
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1 SEC. 308. REDUCTION OF AGENCY EMPLOYMENT LEVELS.

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

3 equivalent employment of NASA shall be reduced by one

4 for each separation of an employee who receives a vol5 untary separation incentive payment under this title. The

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

7 time equivalent employment for the fiscal year in which

8 the voluntary separation payments are made with the ac9 tual full time equivalent employment for the prior fiscal

10 year.

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

12 Budget shall monitor and take appropriate action nec13 essary to ensure that the requirements of this section are

14 met.

15 (c) LIMITATION.—The President shall take appro16 priate action to ensure that functions involving more than

17 10 full time equivalent employees are not converted to con18 tracts by reason of this section, except in cases in which

19 a cost comparison demonstrates such contracts would be

20 to the advantage of the Government.

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

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

23 by the President that—

24 (1) the existence of a state of war or other na25 tional emergency so requires; or
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1 (2) the existence of an extraordinary emergency

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

3 environment so requires.

4 SEC. 309. REPORTS.

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

6 shall submit to the Office of Personnel Management, for

7 transmission to the Committee on Commerce, Science, and

8 Transportation, and the Committee on Governmental Af9 fairs, of the Senate and the Committee on Commerce, and

10 the Committee on Government Reform and Oversight of

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

12 to the preceding fiscal year, shall include—

13 (1) the number of employees who received vol14 untary separation incentives;

15 (2) the average amount of such incentives; and

16 (3) the average grade or pay level of the em17 ployees who received incentives.

18 SEC. 310. EFFECTIVE DATE.

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

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

21 (b) TERMINATION.—No voluntary separation incen22 tive under this title may be paid based on the separation

23 of an employee after September 30, 2000.
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1 TITLE IV—COMMERCIAL SPACE LAUNCH ACT

2 AMENDMENTS

3 SEC. 401. AMENDMENT OF TITLE 49.

4 Except as otherwise expressly provided, whenever in

5 this title an amendment or repeal is expressed in terms

6 of an amendment to, or repeal of, a section or other provi7 sion, the reference shall be considered to be made to a

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

9 SEC. 402. AMENDMENT OF SECTION 70101.

10 Section 70101 (relating to findings and purposes) is

11 amended—

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

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

14 (2) by inserting ‘‘commercial space transpor15 tation services, including in-space transportation ac16 tivities and’’ after ‘‘providing’’ in subsection (a)(4);

17 (3) by striking ‘‘commercial launch vehicles’’ in

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

19 transportation including commercial launch vehicles,

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

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

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

23 reentry’’;
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1 (5) by striking ‘‘launches’’ each place it appears

2 in subsection (a)(7) and inserting ‘‘launches, in3 space transportation activities, reentries’’ after ;

4 (6) by striking ‘‘sites and complementary facili5 ties, the providing of launch’’ in subsection (a)(8)

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

7 sites, reentry sites, and complementary facilities, the

8 providing of launch, in-space transportation, and re9 entry’’;

10 (7) by inserting ‘‘in-space transportation con11 trol sites, reentry sites,’’ after ‘‘launch sites,’’ in

12 subsection (a)(9);

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

14 (b)(2) and inserting ‘‘commercial space transpor15 tation services, including launch vehicles, in-space

16 transportation activities, reentry vehicles,’’;

17 (9) by striking ‘‘launch’’ the first place it ap18 pears in subsection (b)(3) and inserting ‘‘launch, in19 space transportation vehicle, and reentry’’;

20 (10) by striking ‘‘commercial launch’’ the sec21 ond place it appears in subsection (b)(3); and

22 (11) by inserting ‘‘in-space transportation vehi23 cle control facilities, and development of reentry

24 sites’’ after ‘‘facilities,’’ in subsection (b)(4).
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1 SEC. 403. AMENDMENT OF SECTION 70102.

2 Section 70102 (relating to definitions) is amended—

3 (1) by inserting ‘‘from Earth, including a re4 entry vehicle and its payload, if any’’ after ‘‘and any

5 payload’’ in paragraph (3);

6 (2) by striking ‘‘object’’ the first place it ap7 pears in paragraph (8) and inserting ‘‘object, includ8 ing a reentry vehicle and its payload, if any,’’;

9 (3) by redesignating paragraphs (9) through

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

11 (4) by inserting after paragraph (8) the follow12 ing:

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

14 vehicle designed to operate in space and designed to

15 transport any payload or object substantially intact

16 from one orbit to another orbit.

17 ‘‘(10) ‘in-space transportation services’

18 means—

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

20 transportation or attempted transportation of a

21 payload or object from one orbit to another;

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

23 necessary for conduct of those transportation

24 services; and

25 ‘‘(C) the conduct of transportation serv26 ices.
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1 ‘‘(11) ‘in-space transportation control site’

2 means a location from which an in-space transpor3 tation vehicle is controlled or operated (as such

4 terms may be defined in any license the Secretary is5 sues or transfers under this chapter).

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

7 purposefully, or attempt to return, a reentry vehicle

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

9 to Earth.

10 ‘‘(13) ‘reentry services’ means—

11 ‘‘(A) activities involved in the preparation

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

13 reentry; and

14 ‘‘(B) the conduct of a reentry.

15 ‘‘(14) ‘reentry site’ means the location on

16 Earth to which a reentry vehicle is intended to

17 return (as defined in a license the Secretary is18 sues or transfers under this chapter).

19 ‘‘(15) ‘reentry vehicle’ means any vehicle de20 signed to return substantially intact from Earth

21 orbit or outer space to Earth.’’;

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

23 in paragraph (18), as redesignated and inserting

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

25 or reentry’’.
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1 SEC. 404. AMENDMENT OF SECTION 70103.

2 Section 70103(b) (relating to facilitating commercial

3 launches) is amended—

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

5 inserting ‘‘SPACE ACTIVITIES’’;

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

7 paragraph (1) and inserting ‘‘commercial space

8 transportation services’’; and

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

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

11 SEC. 405. AMENDMENT OF SECTION 70104.

12 Section 70104 (relating to restrictions on launches

13 and operations) is amended—

14 (1) by striking the section caption and inserting

15 the following:

16 ‘‘§ 70104. Restrictions on launches, in-space transpor17 tation activities, operations, and reen18 tries’’;

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

20 subsection (a) and inserting ‘‘site, an in-space trans21 portation operations site, reentry site, or reenter a

22 reentry vehicle,’’;

23 (3) by striking ‘‘launch or operation’’ in sub24 sections (a) (3) and (4) and inserting ‘‘launch, in25 space transportation activity, or reentry operation’’;
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1 (4) by striking subsection (b) and inserting the

2 following:

3 ‘‘(b) COMPLIANCE WITH PAYLOAD REQUIRE4 MENTS.—The holder of a license under this chapter may

5 launch a payload, operate an in-space transportation vehi6 cle, or reenter a payload only if the payload or vehicle com7 plies with all requirements of the laws of the United States

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

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

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

11 inserting the following: ‘‘(c) PREVENTING

12 LAUNCHES, IN-SPACE TRANSPORTATION ACTIVITIES,

13 OR REENTRIES.—’’; and

14 (6) by striking ‘‘launch’’ each place it appears

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

16 transportation activity, or reentry’’.

17 SEC. 406. AMENDMENT OF SECTION 70105.

18 Section 70105 (relating to license applications and

19 requirements) is amended—

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

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

22 site, or a reentry site or the reentry of a reentry ve23 hicle,’’; and
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1 (2) by striking ‘‘or operation’’ and inserting in

2 lieu thereof ‘‘, in-space transportation activity, oper3 ation, or reentry’’ in subsection (b)(2)(A).

4 SEC. 407. AMENDMENT OF SECTION 70106.

5 Section 70106(a) (relating to monitoring activities

6 general requirements) is amended—

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

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

9 reentry site’’;

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

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

13 in-space transportation vehicle, or reentry vehicle.’’.

14 SEC. 408. AMENDMENT OF SECTION 70108.

15 Section 70108 (relating to prohibition, suspension,

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

17 amended—

18 (1) by striking the section caption and inserting

19 the following:

20 ‘‘§ 70108. Prohibition, suspension, and end of

21 launches, in-space transportation activi22 ties, reentries, or operation of launch

23 sites, in-space transportation control

24 sites, or reentry sites’’;

25 and
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1 (2) by striking ‘‘site’’ in subsection (a) and in2 serting ‘‘site, in-space transportation control site, in3 space transportation activity, or reentry site, or re4 entry of a reentry vehicle,’’; and

5 (3) by striking ‘‘launch or operation’’ in sub6 section (a) and inserting ‘‘launch, in-space transpor7 tation activity, operation, or reentry’’.

8 SEC. 409. AMENDMENT OF SECTION 70109.

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

10 (relating to preemption of scheduled launches) is amended

11 to read as follows:

12 ‘‘§ 70109. Preemption of scheduled launches, in-space

13 transportation activities, or reentries’’.

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

15 (a) is amended—

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

17 a launch’’;

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

19 inserting ‘‘site, reentry site,’’;

20 (3) by inserting ‘‘nor shall an in-space trans21 portation activity or operation be preempted,’’ after

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

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

24 after ‘‘launch date commitment’’;
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1 (5) by inserting ‘‘or reentry’’ after ‘‘obtained

2 for a launch’’;

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

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

5 (7) by striking ‘‘services’’ in the second sen6 tence and inserting ‘‘services, or services related to

7 a reentry,’’;

8 (8) by inserting ‘‘or reentry’’ after ‘‘the sched9 uled launch’’; and

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

11 ‘‘A licensee or transferee preempted from access to

12 a reentry site does not have to pay the Government

13 agency responsible for the preemption any amount

14 for reentry services attributable only to the sched15 uled reentry prevented by the preemption.’’.

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

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

18 launching’’ in subsection (c).

19 SEC. 410. AMENDMENT OF SECTION 70110.

20 Section 70110 (relating to administrative hearings

21 and judicial review) is amended—

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

23 and inserting ‘‘launch, in-space transportation activ24 ity, or reentry’’; and
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1 (2) by striking ‘‘site’’ in subsection (a)(3)(B)

2 and inserting ‘‘site, in-space transportation control

3 site, in-space transportation activity, reentry site, or

4 reentry of a reentry vehicle,’’.

5 SEC. 411. AMENDMENT OF SECTION 70111.

6 Section 70111 (relating to acquiring United States

7 Government property and services) is amended—

8 (1) by inserting ‘‘in-space transportation activi9 ties, or reentry services’’ after ‘‘launch services,’’ in

10 subsection (a)(1)(B);

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

12 and inserting ‘‘services, in-space transportation ac13 tivities, or reentry services’’;

14 (3) by inserting ‘‘or reentry’’ after ‘‘launch’’ in

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

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

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

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

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

20 transportation activity, or reentry’’;

21 (6) by striking ‘‘services’’ the first place it ap22 pears in subsection (b)(2)(C) and inserting ‘‘serv23 ices, in-space transportation activities or services, or

24 reentry services’’; and
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1 (7) by striking subsection (d) and inserting the

2 following:

3 ‘‘(d) COLLECTION BY OTHER GOVERNMENTAL

4 HEADS.—The head of a department, agency, or instru5 mentality of the Government may collect a payment for

6 any activity involved in producing a launch vehicle, in7 space transportation vehicle, or reentry vehicle or its pay8 load for launch, in-space transportation activity, or re9 entry if the activity was agreed to by the owner or manu10 facturer of the launch vehicle, in-space transportation ve11 hicle, reentry vehicle, or payload.’’.

12 SEC. 412. AMENDMENT OF SECTION 70112.

13 Section 70112 (relating to liability insurance and fi14 nancial responsibility requirements) is amended—

15 (1) by inserting ‘‘one reentry, or to the oper16 ations of each in-space transportation vehicle’’ after

17 ‘‘launch,’’ in subsection (a)(3);

18 (2) by inserting ‘‘in-space transportation activi19 ties, or reentry services,’’ after ‘‘launch services,’’

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

21 (b)(2);

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

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

24 and inserting ‘‘services, in-space transportation ac25 tivities, or reentry services,’’;
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1 (4) by inserting ‘‘applicable’’ after ‘‘carried out

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

3 (5) by striking ‘‘Science, Space, and Tech4 nology’’ in subsection (d) and inserting ‘‘Science’’;

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

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

7 TRANSPORTATION ACTIVITIES, OR REENTRIES’’;

8 AND

9 (7) by striking ‘‘site’’ in subsection (e) and in10 serting ‘‘site, in-space transportation control site, or

11 control of an in-space transportation vehicle or activ12 ity, or reentry site or a reentry’’.

13 SEC. 413. AMENDMENT OF SECTION 70113.

14 Section 70113 (relating to paying claims exceeding

15 liability insurance and financial responsibility require16 ments) is amended by striking ‘‘launch’’ each place it ap17 pears in subsections (a)(1), (d)(1), and (d)(2) and insert18 ing ‘‘launch, operation of one in-space transportation vehi19 cle, or one reentry’’.

20 SEC. 414. AMENDMENT OF SECTION 70115.

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

22 and penalty general authority) is amended—

23 (1) by inserting ‘‘in-space transportation con24 trol site, or reentry site,’’ after ‘‘launch site,’’;
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1 (2) by inserting ‘‘in-space transportation vehi2 cle, or reentry vehicle’’ after ‘‘launch vehicle,’’; and

3 (3) by striking ‘‘vehicle’’ the second place it ap4 pears and inserting ‘‘vehicle, in-space transportation

5 vehicle, or reentry vehicle’’.

6 SEC. 415. AMENDMENT OF SECTION 70117.

7 Section 70117 (relating to relationship to other exec8 utive agencies, laws, and international obligations) is

9 amended—

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

11 site.’’ in subsection (a) and inserting ‘‘vehicle, oper12 ate a launch site, perform in-space transportation

13 activities or operate an in-space transportation con14 trol site or reentry site, or reenter a reentry vehi15 cle.’’;

16 (2) by striking ‘‘launch’’ in subsection (d) and

17 inserting ‘‘launch, perform an in-space transpor18 tation activity, or reentry’’;

19 (3) by striking subsections (f) and (g), and in20 serting the following:

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

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

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

24 export or import for purposes of a law controlling exports

25 or imports.
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1 ‘‘(g) NONAPPLICATION.—This chapter does not apply

2 to—

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

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

5 transportation vehicle, or reentry vehicle, or of a

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

7 reentry site, or other space activity the Government

8 carries out for the Government; or

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

10 in-space transportation activity, reentry, or oper11 ation.’’.

12 SEC. 416. REPORT TO CONGRESS.

13 Chapter 701 is amended by adding at the end thereof

14 the following new section:

15 ‘‘§ 70120. Report to Congress

16 ‘‘The Secretary of Transportation shall submit to

17 Congress an annual report to accompany the President’s

18 budget request that—

19 ‘‘(1) describes all activities undertaken under

20 this chapter, including a description of the process

21 for the application for and approval of licenses under

22 this chapter and recommendations for legislation

23 that may further commercial launches and reentries;

24 and
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1 ‘‘(2) reviews the performance of the regulatory

2 activities and the effectiveness of the Office of Com3 mercial Space Transportation.’’.

4 SEC. 417. AMENDMENT OF TABLE OF SECTIONS.

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

6 United States Code, is amended—

7 (1) by amending the item relating to section

8 70104 to read as follows:

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

and reentries’’;

9 (2) by amending the item relating to section

10 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’’;

11 (3) by amending the item relating to section

12 70109 to read as follows:

‘‘70109. Preemption of scheduled launches, in-space transportation activities, or

reentries’’;

13 and

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

15 item:

‘‘70120. Report to Congress’’.

16 SEC. 418. REGULATIONS.

17 The Secretary of Transportation shall issue regula18 tions under chapter 701 of title 49, United States Code,

19 that include—
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1 (1) guidelines for industry to obtain sufficient

2 insurance coverage for potential damages to third

3 parties;

4 (2) procedures for requesting and obtaining li5 censes to operate a commercial launch vehicle and

6 reentry vehicle;

7 (3) procedures for requesting and obtaining op8 erator licenses for launch and reentry; and

9 (4) procedures for the application of govern10 ment indemnification.

11 SEC. 419. SPACE ADVERTISING.

12 (a) DEFINITION.—Section 70102, as amended by sec13 tion 303, is amended by redesignating paragraphs (12)

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

15 inserting after paragraph (11) the following new para16 graph:

17 ‘‘(12) ‘obtrusive space advertising’ means ad18 vertising in outer space that is capable of being rec19 ognized by a human being on the surface of the

20 earth without the aid of a telescope or other techno21 logical device;’’.

22 (b) PROHIBITION.—Chapter 701 is amended by in23 serting after section 70109 the following new section:
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1 ‘‘§ 70109a. Space advertising

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

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

4 shall not—

5 ‘‘(1) issue or transfer a license under this chap6 ter; or

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

8 chapter;

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

10 used for the purposes of obtrusive space advertising.

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

12 chapter may launch a payload containing any material to

13 be used for purposes of obtrusive space advertising on or

14 after the date of enactment of the National Aeronautics

15 and Space Administration Authorization Act, Fiscal Year

16 1996.

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

18 this section shall apply to nonobtrusive commercial space

19 advertising, including advertising on commercial space

20 transportation vehicles, space infrastructure, payloads,

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

22 (c) NEGOTIATION WITH FOREIGN LAUNCHING NA23 TIONS.—

24 (1) The President is requested to negotiate with

25 foreign launching nations for the purpose of reach26 ing an agreement or agreements that prohibit the
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1 use of outer space for obtrusive space advertising

2 purposes.

3 (2) It is the sense of Congress that the Presi4 dent should take such action as is appropriate and

5 feasible to enforce the terms of any agreement to

6 prohibit the use of outer space for obtrusive space

7 advertising purposes.

8 (3) As used in this subsection, the term ‘‘for9 eign launching nation’’ means a nation—

10 (A) which launches, or procures the

11 launching of, a payload into outer space; or

12 (B) from whose territory or facility a pay13 load is launched into outer space.

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

15 for chapter 701 is amended by inserting the following

16 after the item relating to section 70109:

‘‘70109a. Space advertising’’.

Æ