103D CONGRESS

2D SESSION S. 1881

AN ACT

To establish and implement a technology investtration, and for other purposes. of the National Aeronautics and Space Adminis- ment policy for aeronautical and space activities
103D CONGRESS

2D SESSION S. 1881

AN ACT

To establish and implement a technology investment policy

for aeronautical and space activities of the National Aeronautics and Space Administration, 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 Technology Investment Act of

6 1994’’.
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1 SEC. 2. FINDINGS.

2 The Congress finds and declares the following:

3 (1) Federal investment in research and tech4 nology development can enhance the competitiveness

5 of United States industry in global markets.

6 (2) Industry and government partnerships in

7 the development of technologies increase the effec8 tiveness of Federal investment in the United States

9 economy.

10 (3) Ongoing defense reductions impact the

11 aerospace industrial base and require greater effort

12 by the National Aeronautics and Space Administra13 tion to ensure technological advancements in support

14 of its missions as well as in support of competitive15 ness.

16 (4) Increased contribution to the health of the

17 United States economy by the National Aeronautics

18 and Space Administration is important to the long19 term support of civilian aeronautics and space activi20 ties.

21 (5) Investments in research and development at

22 the National Aeronautics and Space Administration

23 can be made to enhance the competitiveness of

24 United States industry, as well as to promote devel25 opment of technologies for government and commer26 cial aeronautics and space missions.
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1 (6) The National Aeronautics and Space Ad2 ministration directs a large portion of its budget to3 ward the procurement of goods and services for its

4 aeronautical and space missions and can use such

5 procurement to advance technology development in

6 industry and academia.

7 SEC. 3. TECHNOLOGY INVESTMENT POLICY.

8 It is the policy of the United States that—

9 (1) improving the competitive capabilities of

10 United States industry in conjunction with imple11 menting aeronautics and space missions shall be a

12 fundamental goal of the National Aeronautics and

13 Space Administration;

14 (2) the Administrator of the National Aero15 nautics and Space Administration (hereinafter re16 ferred to as the ‘‘Administrator’’), in planning for

17 and implementing national programs in aeronautics

18 and space, shall advocate technology development

19 designed to foster competitiveness of United States

20 industry in global markets;

21 (3) the investment in technology by the Na22 tional Aeronautics and Space Administration shall

23 be coordinated closely with investment of other Fed24 eral agencies, the States, and local governments;
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1 (4) technology investments shall be identified in

2 concert with United States industry; and

3 (5) the establishment of industry-led consortia,

4 alliances, or other entities shall be encouraged to en5 hance opportunities for United States industry to

6 develop and advance technologies.

7 TITLE I—ROLE OF NATIONAL AERO8 NAUTICS AND SPACE ADMINISTRA9 TION IN TECHNOLOGY INVESTMENT

10 SEC. 101. AMENDMENTS TO NATIONAL AERONAUTICS AND

11 SPACE ACT OF 1958.

12 Section 102 of the National Aeronautics and Space

13 Act of 1958 (42 U.S.C. 2451) is amended—

14 (1) by striking subsection (e) and inserting the

15 following:

16 ‘‘(e) The aeronautical and space activities of the

17 United States shall be conducted so as to contribute mate18 rially to the economic growth, competitiveness, and pro19 ductivity of the Nation.’’;

20 (2) by striking subsection (f) and by redesignat21 ing subsections (g) and (h) as subsections (f) and

22 (g), respectively; and

23 (3) in subsection (g), as so redesignated, by

24 striking ‘‘(f), and (g)’’ and inserting ‘‘and (f)’’.
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1 SEC. 102. TECHNOLOGY DEVELOPMENT AND COMMER2 CIALIZATION GOALS.

3 The Administrator shall require that, to the maxi4 mum extent practicable, aeronautical and space projects

5 of the National Aeronautics and Space Administration—

6 (1) incorporate a technology plan that fosters

7 technological advances of value to both the mission

8 and the economy and reduces the life cycle costs of

9 such projects;

10 (2) promote commercial technology applications;

11 (3) measure and evaluate technology develop12 ment and the potential for commercialization; and

13 (4) seek the involvement of United States in14 dustry.

15 SEC. 103. INDUSTRY TECHNOLOGY PROGRAM.

16 (a) PURPOSE; CRITERIA.—The Administrator shall

17 establish a competitive program under which the Adminis18 trator may fund research and development projects pro19 posed by industry-led consortia, alliances, or other entities,

20 for the purpose of developing new technologies. In select21 ing projects to be funded under this section, the Adminis22 trator shall weigh and consider—

23 (1) each project’s scientific and technical merit;

24 (2) the potential of the project to advance mis25 sion needs of the National Aeronautics and Space

26 Administration;
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1 (3) each project’s potential to advance tech2 nologies that enhance the competitiveness of United

3 States industry in global markets; and

4 (4) such other criteria as the Administrator

5 considers appropriate to carry out the purposes of

6 this section.

7 (b) COST-SHARING.—The Administrator shall ensure

8 that the amount of the funds provided by the Federal Gov9 ernment under this section for a project does not exceed

10 the total amount provided by non-Federal participants for

11 that project.

12 (c) FINANCING MECHANISMS.—In funding the tech13 nology projects selected under this section, the Adminis14 trator is encouraged—

15 (1) to make greater use of the authority of the

16 National Aeronautics and Space Administration

17 under section 203(c)(5) of the National Aeronautics

18 and Space Act of 1958 (42 U.S.C. 2473(c)(5)) espe19 cially when applied to non-aerospace firms; and

20 (2) to enter into innovative procurement, fi21 nancing, and management arrangements, consistent

22 with existing statutes.

23 (d) COORDINATION WITH FEDERAL AGENCIES.—In

24 carrying out this section, the Administrator shall consult

25 with the Secretaries of Commerce, Defense, Energy, and
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1 Transportation and with such other Federal agency heads

2 as the Administrator considers appropriate.

3 (e) AUTHORIZATION.—There are authorized to be ap4 propriated to the Administrator such sums as may be nec5 essary to carry out the provisions of this section. Sums

6 appropriated under this section shall remain available

7 until expended.

8 SEC. 104. CONDITIONS ON TECHNOLOGY INVESTMENT;

9 ECONOMIC BENEFIT.

10 In funding technology programs and activities under

11 this title, the Administrator shall ensure that the principal

12 economic benefits accrue to the economy of the United

13 States. The Administrator may consider such specific cri14 teria as appropriate, and in developing such criteria, shall

15 consult with appropriate Federal agency heads.

16 SEC. 105. ROLE OF PROCUREMENT IN TECHNOLOGY IN17 VESTMENT.

18 The Administrator, in meeting aeronautical and

19 space mission needs, shall coordinate and direct resources

20 of the National Aeronautics and Space Administration in

21 the area of procurement to—

22 (1) advance state-of-the-art technologies;

23 (2) assess and procure, where appropriate, com24 mercially available technologies from the market25 place;
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1 (3) use performance incentives; and

2 (4) reduce the paperwork requirements associ3 ated with procurement.

4 SEC. 106. COORDINATION WITH OTHER FEDERAL PRO5 GRAMS.

6 (a) TECHNOLOGY PROGRAMS AND TECHNOLOGY

7 TRANSFER PROGRAMS.—To ensure a consistent Federal

8 investment policy and to preclude multiple awards for a

9 single proposal, the Administrator shall ensure that the

10 technology investment activities established under this

11 title are coordinated closely with existing and future—

12 (1) Federal technology programs such as the

13 Technology Reinvestment Program of the Advanced

14 Research Projects Agency and the Advanced Tech15 nology Program of the National Institute of Stand16 ards and Technology; and

17 (2) Federal technology transfer programs and

18 activities established to promote and advocate the

19 use of technologies developed in the Federal labora20 tories.

21 (b) IDENTIFICATION OF FUNDING RECEIVED FROM

22 OTHER AGENCIES.—The Administrator shall identify, as

23 part of the annual budget submission to Congress, all

24 funding received by the National Aeronautics and Space

25 Administration from other Federal agencies for technology
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1 investment and development, including funds from pro2 grams listed in (a)(1) above.

3 SEC. 107. INTERAGENCY TECHNOLOGY INITIATIVES.

4 As part of the National Aeronautics and Space Ad5 ministration’s annual budget submission to Congress, the

6 Administrator shall identify funding requirements, project

7 milestones, and 5-year budget projections, for the portion

8 undertaken by the National Aeronautics and Space Ad9 ministration of each interagency technology project.

10 SEC. 108. COORDINATION WITH OTHER NASA PROGRAMS.

11 (a) SMALL BUSINESS INNOVATION RESEARCH.—The

12 Administrator shall coordinate the technology investment

13 activities under this title with the Small Business Innova14 tion Research activities of the National Aeronautics and

15 Space Administration to ensure the effectiveness of fund16 ing to small businesses, to the maximum extent permitted

17 by law.

18 (b) INDEPENDENT RESEARCH AND DEVELOPMENT

19 FUNDS.—The Administrator shall identify all funds pro20 vided to contractors of the National Aeronautics and

21 Space Administration for activities commonly referred to

22 as ‘‘Independent Research and Development’’ and coordi23 nate such funds with the technology investment activities

24 under this title.
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1 (c) TECHNOLOGY TRANSFER AND COMMERCIAL PRO2 GRAMS.—The Administrator shall coordinate the activities

3 of ongoing and future technology transfer, innovation, and

4 commercial programs of the National Aeronautics and

5 Space Administration with the technology investment ac6 tivities under this title.

7 SEC. 109. PERSONNEL INCENTIVES.

8 To encourage the personnel of the National Aero9 nautics and Space Administration to pursue technology in10 novation and development, the Administrator shall provide

11 personnel incentives, including—

12 (1) promotions and within-grade increases;

13 (2) bonuses and cash awards under the inven14 tions and contributions system and senior executive

15 service; and

16 (3) paid leave, sabbaticals, or intergovernmental

17 personnel transfers to other Federal agencies or the

18 private sector to pursue technology innovation and

19 development, as the Administrator deems appro20 priate.

21 SEC. 110. ANNUAL REPORT TO CONGRESS.

22 The Administrator shall assess the technology invest23 ment activities established under this title and shall sub24 mit a report to Congress on the results of such assessment
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1 of activities. The report shall accompany the annual budg2 et submission to Congress.

3 SEC. 111. APPLICATION OF ANTITRUST LAWS.

4 Nothing in this title shall be construed to create an

5 immunity from any civil or criminal action under any Fed6 eral or State antitrust law, or to alter or restrict in any

7 manner the applicability of any Federal or State antitrust

8 law.

9 SEC. 112. DEFINITIONS.

10 For the purposes of this title, the term—

11 (1) ‘‘Federal laboratory’’ has the meaning given

12 such term in section 4(6) of the Stevenson-Wydler

13 Technology Innovation Act of 1980 (15 U.S.C.

14 3703(6)).

15 (2) ‘‘United States’’ means the several States,

16 the District of Columbia, Puerto Rico, the Virgin Is17 lands, Guam, American Samoa, the Northern Mari18 ana Islands, and any other territory or possession of

19 the United States.

20 TITLE II—NATIONAL AERONAUTICS

21 FACILITIES

22 SEC. 201. FINDINGS.

23 The Congress finds and declares the following:
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1 (1) Aerospace technologies contribute substan2 tially to the balance of trade and the competitiveness

3 of United States industry.

4 (2) The international market share of the Unit5 ed States aerospace industry has eroded steadily due

6 to competition from foreign consortia that receive

7 substantial direct subsidies from their governments.

8 (3) The United States aerospace industry con9 tinues to be impacted negatively by the reduced in10 vestment in national defense.

11 (4) The national civil and military aeronautics

12 facilities of the United States are aging and, with

13 few exceptions, cannot be modified to simulate ade14 quately the flight conditions that will be required for

15 highly productive aircraft design and development.

16 (5) Inadequate domestic facilities force the

17 United States aerospace industry to use the aero18 nautics facilities of foreign countries, increasing the

19 likelihood that technologies will be transferred to

20 competing foreign industries.

21 SEC. 202. POLICY.

22 It is the policy of the United States that—

23 (1) Federal investment in domestic aerospace

24 technologies shall be a priority of the United States
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1 to safeguard the international market share of the

2 United States aerospace industry;

3 (2) maintaining world class aeronautics facili4 ties in the United States shall be a major element

5 of Federal investment in aerospace research and de6 velopment;

7 (3) the National Aeronautics and Space Admin8 istration shall work closely with industry to identify

9 and address aeronautics technology and facility is10 sues; and

11 (4) industry and government cost-sharing for

12 facilities construction and use shall be investigated

13 to achieve aeronautics research and technology goals

14 within a constrained Federal budget.

15 SEC. 203. WORLDWIDE FACILITIES ASSESSMENT.

16 The President shall conduct an assessment of all aer17 onautics facilities in the United States and in other coun18 tries and report to Congress the results of this assessment

19 at the time the fiscal year 1996 budget is submitted. The

20 assessment shall include—

21 (1) identification of all existing and planned

22 aeronautics research and development facilities in

23 the United States and in other countries;

24 (2) analysis of the capabilities of each aero25 nautics facility that impact aeronautical research
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1 and technology objectives of the United States Gov2 ernment and domestic industries; and

3 (3) determination of the current use and plans

4 for use of foreign aeronautics facilities for research

5 and technology activities of the United States Gov6 ernment and domestic industries.

7 SEC. 204. AERONAUTICS FACILITIES STRATEGY.

8 (a) STRATEGY.—The President or his designees shall

9 work closely with domestic industries to coordinate, de10 velop, and implement a strategy for Federal investment

11 in aeronautics research and technology and aeronautics fa12 cilities. This strategy shall establish—

13 (1) priorities for Federal investment in aero14 nautics facilities;

15 (2) a facilities implementation schedule to meet

16 research and technology project milestones and aero17 space industry market requirements;

18 (3) the projected cost of constructing and oper19 ating new facilities; and

20 (4) options and recommendations to provide

21 funding (including cost-sharing and risk-sharing

22 with industries and among Federal agencies and in23 novative procurement, financing, or management ar24 rangements) for the construction of new aeronautics
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1 facilities and for the operation of new aeronautics

2 facilities.

3 (b) DEADLINE.—The strategy required by subsection

4 (a), and budget requirements associated with implement5 ing such strategy, shall accompany the fiscal year 1996

6 budget submission to Congress.

7 TITLE III—COMMERCIAL SPACE LAUNCH

8 AMENDMENTS

9 SEC. 301. COMMERCIAL REENTRY VEHICLES.

10 Chapter 701 of title 49, United States Code, is

11 amended—

12 (1) in the table of sections—

13 (A) by amending the item relating to sec14 tion 70104 to read as follows:

‘‘70104. Restrictions on launches, operations, and reentries.’’;

15 (B) by amending the item relating to sec16 tion 70108 to read as follows:

‘‘70108. Prohibition, suspension, and end of launches, operation of launch sites,

and reentries.’’;

17 (C) by amending the item relating to sec18 tion 70109 to read as follows:

‘‘70109. Preemption of scheduled launches or reentries.’’;

19 and

20 (D) by adding at the end the following new

21 item:

‘‘70120. Report to Congress.’’;

22 (2) in section 70102—
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1 (A) by inserting ‘‘from Earth’’ after ‘‘and

2 any payload’’ in paragraph (3);

3 (B) by redesignating paragraphs (10)

4 through (12) as paragraphs (12) through (14),

5 respectively; and

6 (C) by inserting after paragraph (9) the

7 following new paragraphs:

8 ‘‘(10) ‘reenter’ and ‘reentry’ mean to return

9 purposefully, or attempt to return, a reentry vehicle

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

11 to Earth.

12 ‘‘(11) ‘reentry vehicle’ means any vehicle de13 signed to return from Earth orbit or outer space to

14 Earth substantially intact.’’;

15 (3) in section 70104—

16 (A) by amending the section designation

17 and heading to read as follows:

18 ‘‘§ 70104. Restrictions on launches, operations, and

19 reentries’’;

20 (B) by inserting ‘‘, or reenter a reentry ve21 hicle,’’ after ‘‘operate a launch site’’ each place

22 it appears in subsection (a);

23 (C) by inserting ‘‘or reentry’’ after ‘‘launch

24 or operation’’ in subsection (a)(3) and (4);

25 (D) in subsection (b)—
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1 (i) by striking ‘‘launch license’’ and

2 inserting ‘‘license’’;

3 (ii) by inserting ‘‘or reenter’’ after

4 ‘‘may launch’’; and

5 (iii) by inserting ‘‘or reentering’’ after

6 ‘‘related to launching’’; and

7 (E) in subsection (c)—

8 (i) by amending the subsection head9 ing to read as follows: ‘‘PREVENTING

10 LAUNCHES OR REENTRIES.—’’;

11 (ii) by inserting ‘‘or reentry’’ after

12 ‘‘prevent the launch’’; and

13 (iii) by inserting ‘‘or reentry’’ after

14 ‘‘decides the launch’’;

15 (4) in section 70105—

16 (A) by inserting ‘‘, or reentry of a reentry

17 vehicle,’’ after ‘‘operation of a launch site’’ in

18 subsection (b)(1); and

19 (B) by striking ‘‘or operation’’ and insert20 ing ‘‘, operation, or reentry’’ in subsection

21 (b)(2)(A);

22 (5) in section 70106(a)—

23 (A) by inserting ‘‘or reentry site’’ after

24 ‘‘observer at a launch site’’; and
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1 (B) by inserting ‘‘or reentry vehicle’’ after

2 ‘‘assemble a launch vehicle’’;

3 (6) in section 70108—

4 (A) by amending the section designation

5 and heading to read as follows:

6 ‘‘§ 70108. Prohibition, suspension, and end of

7 launches, operation of launch site, and

8 reentries’’;

9 and

10 (B) in subsection (a)—

11 (i) by inserting ‘‘, or reentry of a re12 entry vehicle,’’ after ‘‘operation of a launch

13 site’’; and

14 (ii) by inserting ‘‘or reentry’’ after

15 ‘‘launch or operation’’;

16 (7) in section 70109—

17 (A) by amending the section designation

18 and heading to read as follows:

19 ‘‘§ 70109. Preemption of scheduled launches or reen20 tries’’;

21 (B) in subsection (a)—

22 (i) by inserting ‘‘or reentry’’ after

23 ‘‘ensure that a launch’’;

24 (ii) by inserting ‘‘, reentry site,’’ after

25 ‘‘United States Government launch site’’;
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1 (iii) by inserting ‘‘or reentry date

2 commitment’’ after ‘‘launch date commit3 ment’’;

4 (iv) by inserting ‘‘or reentry’’ after

5 ‘‘obtained for a launch’’;

6 (v) by inserting ‘‘, reentry site,’’ after

7 ‘‘access to a launch site’’;

8 (vi) by inserting ‘‘, or services related

9 to a reentry,’’ after ‘‘amount for launch

10 services’’; and

11 (vii) by inserting ‘‘or reentry’’ after

12 ‘‘the scheduled launch’’; and

13 (C) in subsection (c), by inserting ‘‘or re14 entry’’ after ‘‘prompt launching’’;

15 (8) in section 70110—

16 (A) by inserting ‘‘or reentry’’ after ‘‘pre17 vent the launch’’ in subsection (a)(2); and

18 (B) by inserting ‘‘, or reentry of a reentry

19 vehicle,’’ after ‘‘operation of a launch site’’ in

20 subsection (a)(3)(B);

21 (9) in section 70112—

22 (A) by inserting ‘‘or reentry’’ after ‘‘one

23 launch’’ in subsection (a)(3);

24 (B) by inserting ‘‘or reentry’’ after ‘‘launch

25 services’’ in subsection (a)(4);
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1 (C) by inserting ‘‘or reentry’’ after ‘‘launch

2 services’’ each place it appears in subsection

3 (b);

4 (D) by inserting ‘‘OR REENTRIES’’ after

5 ‘‘LAUNCHES’’ in the heading for subsection (e);

6 and

7 (E) by inserting ‘‘or reentry’’ after ‘‘launch

8 site’’ in subsection (e);

9 (10) in section 70113 (a)(1) and (d) (1) and

10 (2), by inserting ‘‘or reentry’’ after ‘‘one launch’’

11 each place it appears;

12 (11) in section 70115(b)(1)(D)(i)—

13 (A) by inserting ‘‘reentry site,’’ after

14 ‘‘launch site,’’; and

15 (B) by inserting ‘‘or reentry vehicle’’ after

16 ‘‘site of a launch vehicle’’;

17 (12) in section 70117—

18 (A) by inserting ‘‘or reentry a reentry vehi19 cle’’ after ‘‘operate a launch site’’ in subsection

20 (a);

21 (B) by inserting ‘‘or reentry’’ after ‘‘ap22 proval of a space launch’’ in subsection (d);

23 (C) in subsection (f)—

24 (i) by inserting ‘‘OR REENTRY’’ after

25 ‘‘LAUNCH’’ in the subsection heading;
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1 (ii) by inserting ‘‘, reentry vehicle,’’

2 after ‘‘A launch vehicle’’;

3 (iii) by inserting ‘‘or reentered’’ after

4 ‘‘that is launched’’; and

5 (iv) by inserting ‘‘or reentry’’ after

6 ‘‘the launch’’; and

7 (D) in subsection (g)—

8 (i) by inserting ‘‘reentry of a reentry

9 vehicle,’’ after ‘‘or launch site,’’ in para10 graph (1); and

11 (ii) by inserting ‘‘reentry,’’ after

12 ‘‘launch,’’ in paragraph (2);

13 (13) in section 70119, by inserting the follow14 ing after paragraph (2):

15 ‘‘There are authorized to be appropriated to the Secretary

16 of Transportation such amounts as may be necessary to

17 carry out this chapter for fiscal year 1995.’’; and

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

19 section:

20 ‘‘§ 70120. Report to Congress

21 ‘‘The Secretary of Transportation shall submit to

22 Congress an annual report to accompany the President’s

23 budget request that—

24 ‘‘(1) describes all activities undertaken under

25 this chapter, including a description of the process
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1 for the application for and approval of licenses under

2 this chapter and recommendations for legislation

3 that may further commercial launches and reentries;

4 and

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

6 activities and the effectiveness of the Office of Com7 mercial Space Transportation.’’.

8 SEC. 302. LICENSE APPLICATIONS.

9 (a) IN GENERAL.—Section 70105 of title 49, United

10 States Code, is amended—

11 (1) in subsection (a), by striking ‘‘receiving an

12 application’’ both places it appears and inserting

13 ‘‘accepting an application in accordance with sub14 section (b)(2)(D)’’;

15 (2) by striking ‘‘and’’ at the end of subsection

16 (b)(2)(B);

17 (3) by striking the period at the end of sub18 section (b)(2)(C) and inserting ‘‘; and’’; and

19 (4) by adding at the end of subsection (b)(2)(C)

20 the following new subparagraph:

21 ‘‘(D) regulations establishing criteria for ac22 cepting an application for a license under this chap23 ter.’’.

24 (b) EFFECTIVE DATE.—The amendment made by

25 subsection (a)(1) shall take effect upon the effective date
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1 of final regulations issued pursuant to section

2 70105(b)(2)(D) of title 49, United States Code, as added

3 by subsection (a)(4).

4 SEC. 303. PROHIBITION ON SPACE ADVERTISING.

5 (a) DEFINITION.—Section 70102 of title 49, United

6 States Code, is amended by inserting after paragraph

7 (14), as redesignated by section 301(2)(B) of this title,

8 the following new paragraph:

9 ‘‘(15) ‘space advertising’ means advertising in

10 outer space that is capable of being seen by a

11 human being on the surface of the Earth without

12 the aid of a telescope or other technological device.’’.

13 (b) PROHIBITION.—Chapter 701 of title 49, United

14 States Code, is amended by inserting after section 70109

15 the following new section:

16 ‘‘§ 70109a. Prohibition on space advertising

17 ‘‘(a) PROHIBITION.—Notwithstanding the provisions

18 of this chapter or any other provision of law—

19 ‘‘(1) the Secretary shall not—

20 ‘‘(A) issue or transfer a license under this

21 chapter; or

22 ‘‘(B) waive the license requirements of this

23 chapter;

24 for the launch of a payload containing any material

25 to be used for the purposes of space advertising; and
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1 ‘‘(2) no holder of a license under this chapter,

2 on or after the date of enactment of the National

3 Aeronautics and Space Administration Technology

4 Investment Act of 1994, shall launch a payload con5 taining any material to be used for purposes of

6 space advertising.

7 ‘‘(b) CIVIL PENALTIES.—Any person who violates the

8 provisions of subsection (a)(2) shall—

9 ‘‘(1) be subject to a civil penalty, not to exceed

10 $30,000,000 which shall be assessed by the Sec11 retary; and

12 ‘‘(2) not be issued a license under this chapter

13 for a period of 2 years from the date of such viola14 tion, or, in the case of multiple violations, from the

15 date of the most recent violation.’’.

16 (c) NEGOTIATION WITH FOREIGN SPACE LAUNCH17 ING NATIONS.—

18 (1) The President is requested to negotiate with

19 foreign launching nations for the purpose of reach20 ing an agreement or agreements that prohibit the

21 use of outer space for advertising purposes.

22 (2) It is the sense of Congress that the Presi23 dent should take such action as is appropriate and

24 feasible to enforce the terms of any agreement to
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1 prohibit the use of outer space for advertising pur2 poses.

3 (3) As used in this subsection, the term ‘‘for4 eign launching nation’’ means a nation—

5 (A) which launches, or procures the

6 launching of, a payload into outer space; or

7 (B) from whose territory or facility a pay8 load is launched into outer space.

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

10 for chapter 701 of title 49, United States Code, is amend11 ed by inserting the following after the item relating to sec12 tion 70109:

‘‘70109a. Prohibition on space advertising’’.

Passed the Senate October 6 (legislative day, September 12), 1994.

Attest:

Secretary.
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