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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2116 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
                                S. 2116

   To authorize appropriations for fiscal year 1995 to the National 
 Aeronautics and Space Administration for human space flight, science, 
 aeronautics, technology, mission support, and Inspector General, and 
                          for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                 May 13 (legislative day, May 2), 1994

Mr. Rockefeller 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 1995 to the National 
 Aeronautics and Space Administration for human space flight, science, 
 aeronautics, technology, mission support, and Inspector General, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Aeronautics and Space 
Administration Authorization Act, Fiscal Year 1995''.

SEC. 2. FINDINGS.

    The Congress finds and declares the following:
            (1) Improved understanding of the Earth and space, 
        strengthened national competitiveness in aerospace activities, 
        and international scientific cooperation are all national 
        priorities.
            (2) Continued support, within budgetary constraints, of key 
        programs of the National Aeronautics and Space Administration 
        can further advance these national priorities.
            (3) The end of the cold war enables Federal agencies to 
        coordinate resources to pursue civilian research and 
        development in the most effective and efficient manner.
            (4) The 25th anniversary of the first human landing on the 
        Moon reminds all humanity of the wondrous accomplishments of 
        the past and the opportunities that still beckon.

SEC. 3. DEFINITIONS.

    For the purposes of this Act--
            (1) the term ``Administrator'' means the Administrator of 
        the National Aeronautics and Space Administration; and
            (2) the term ``institution of higher education'' has the 
        meaning given such term in section 1201(a) of the Higher 
        Education Act of 1965 (20 U.S.C. 1141(a)).

                TITLE I--AUTHORIZATION OF APPROPRIATIONS

                       Subtitle A--Authorizations

SEC. 101. HUMAN SPACE FLIGHT.

    There are authorized to be appropriated to the National Aeronautics 
and Space Administration for Human Space Flight the following amounts, 
to become available October 1, 1994:
            (1) Space Station, $1,889,600,000, of which $20,200,000 are 
        authorized for the construction of a Neutral Buoyancy 
        Laboratory, Johnson Space Center.
            (2) Russian Cooperation, $150,100,000, of which--
                    (A) $100,000,000 are authorized for Russian space 
                agency contract support; and
                    (B) $50,100,000 are authorized for Space Shuttle/
                MIR activities.
            (3) Space Shuttle, $3,324,000,000, of which--
                    (A) $4,800,000 are authorized for modernization of 
                the Firex System, Pads A an B, Kennedy Space Center; 
                and
                    (B) $7,500,000 are authorized for replacement of 
                the Components Refurbishment Laboratory, Kennedy Space 
                Center.
            (4) Payload and Utilization Operations, $356,200,000.

SEC. 102. SCIENCE, AERONAUTICS, AND TECHNOLOGY.

    There are authorized to be appropriated to the National Aeronautics 
and Space Administration for Science, Aeronautics, and Technology the 
following amounts, to become available October 1, 1994:
            (1) Space Science, $1,766,000,000 of which--
                    (A) $1,058,700,000 are authorized for Physics and 
                Astronomy; and
                    (B) $707,300,000 are authorized for Planetary 
                Exploration.
            (2) Life and Microgravity Sciences and Applications, 
        $470,900,000.
            (3) Mission to Planet Earth, $1,238,100,000, of which 
        $17,000,000 are authorized for the construction of the Earth 
        Systems Science Building, Goddard Space Flight Center.
            (4) Aeronautical Research and Technology, $898,500,000, of 
        which--
                    (A) $342,800,000 are authorized for Research and 
                Technology Base activities;
                    (B) $533,700,000 are authorized for Systems 
                Technology Programs, including--
                            (i) High Speed Research, $221,300,000;
                            (ii) Advanced Subsonics, $125,800,000;
                            (iii) High Performance Computing and 
                        Communications, $76,100,000; and
                    (C) $22,000,000 are authorized for the 
                modernization of the Unitary Plan Wind Tunnel Complex, 
                Ames Research Center.
            (5) Advanced Concepts and Technology, $608,400,000.
            (6) Launch Services, $340,900,000.
            (7) Mission Communication Services, $481,200,000.
            (8) Academic Programs, $97,200,000.

SEC. 103. MISSION SUPPORT.

    There are authorized to be appropriated to the National Aeronautics 
and Space Administration for Mission Support the following amounts, to 
become available October 1, 1994:
            (1) Safety, Reliability, and Quality Assurance, 
        $38,700,000.
            (2) Space Communication Services, $268,900,000.
            (3) Research and Program Management, including personnel 
        and related costs, travel, and research operations support, 
        $2,220,300,000.
            (4) Construction of Facilities, including land acquisition, 
        $135,000,000, of which--
                    (A) $8,000,000 are authorized to perform seismic 
                upgrade of the Research, Development, and Test 
                Building, Dryden Flight Research Center;
                    (B) $5,000,000 are authorized to restore the 
                Exterior/Interior Systems, Buildings 3, 13, and 14, 
                Goddard Space Flight Center;
                    (C) $4,300,000 are authorized to modernize the 
                Condenser Water Systems, Southern Sector, Jet 
                Propulsion Laboratory;
                    (D) $4,300,000 are authorized to rehabilitate the 
                Utility Tunnel Structure and Systems, Johnson Space 
                Center;
                    (E) $1,500,000 are authorized to modernize the 
                Payloads Hazardous Servicing Facility HVAC System, 
                Kennedy Space Center;
                    (F) $4,900,000 are authorized to modernize the 
                Metrology and Calibration Facility, Marshall Space 
                Flight Center;
                    (G) $30,000,000 are authorized to repair facilities 
                at various locations, not in excess of $1,000,000 per 
                project;
                    (H) $30,000,000 are authorized to rehabilitate and 
                modify facilities at various locations, not in excess 
                of $1,000,000 per project;
                    (I) $2,000,000 are authorized for minor 
                construction of new facilities and additions to 
                existing facilities at various locations, not in excess 
                of $750,000,000 per project;
                    (J) $10,000,000 are authorized for facility 
                planning and design; and
                    (K) $35,000,000 are authorized for environmental 
                compliance and restoration.

SEC. 104. INSPECTOR GENERAL.

    There are authorized to be appropriated to the National Aeronautics 
and Space Administration for Inspector General $16,000,000, to become 
available October 1, 1994.

             Subtitle B--Limitations and Special Authority

SEC. 151. SPACE STATION LIMITATION.

    The aggregate amount authorized to be appropriated for Space 
Station and related activities under sections 101, 102, and 103 shall 
not exceed $2,100,000,000.

SEC. 152. EXPERIMENTAL PROGRAM TO STIMULATE COMPETITIVE RESEARCH.

    Of the amounts appropriated under sections 101 and 102, $10,000,000 
are authorized for the Experimental Program to Stimulate Competitive 
Research in accordance with title III of the National Aeronautics and 
Space Administration Act, Fiscal Year 1993 (Public Law 102-588; 106 
Stat. 5119).

SEC. 153. USE OF FUNDS FOR CONSTRUCTION.

    (a) Authorized Uses.--Funds appropriated under sections 101, 102, 
and 103 (excluding appropriations for construction of facilities under 
sections 101(1), 102(3), 102(4)(C), and 103(4), and for personnel and 
related costs and travel) may be used for the construction of new 
facilities and additions to, repair of, rehabilitation of, or 
modification of existing facilities at any location in support of the 
purposes of which such funds are authorized.
    (b) Limitation.--None of the funds used pursuant to subsection (a) 
may be expended for a project the estimated cost of which to the 
National Aeronautics and Space Administration, including collateral 
equipment, exceeds $500,000, until 30 days have passed after the 
Administrator has notified the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Science, Space, and 
Technology of the House of Representatives of the nature, location, and 
estimated cost to the National Aeronautics and Space Administration of 
such project.
    (c) Title To Facilities.--If funds are used pursuant to subsection 
(a) for grants to institutions of higher education, or to nonprofit 
organizations whose primary purpose is the conduct of scientific 
research, for purchase or construction of additional research 
facilities, title to such facilities shall be vested in the United 
States unless the Administrator determines that the national program of 
aeronautical and space activities will best be served by vesting title 
in the grantee institution or organization. Each such grant shall be 
made under such conditions as the Administrator shall determine to be 
required to ensure that the United States will receive therefrom 
benefits adequate to justify the making of that grant.

SEC. 154. AVAILABILITY OF APPROPRIATED AMOUNTS.

    To the extent provided in the appropriations Act, appropriations 
authorized under subtitle A may remain available without fiscal year 
limitation.

SEC. 155. REPROGRAMMING FOR CONSTRUCTION OF FACILITIES.

    Appropriations authorized for construction of facilities under 
section 101(1), 102(3), 102(4)(C), or 103(4)--
            (1) may be varied upward by 10 percent at the discretion of 
        the Administrator; or
            (2) may be varied upward by 25 percent to meet unusual cost 
        variations after the expiration of 30 days following a report 
        on the circumstances of such action by the Administrator to the 
        Committee on Commerce, Science, and Transportation of the 
        Senate and the Committee on Science, Space, and Technology of 
        the House of Representatives.
The aggregate amount authorized to be appropriated for construction of 
facilities under sections 101(1), 102(3), 102(4)(C), and 103(4) shall 
not be increased as a result of actions authorized under this section.

SEC. 156. CONSIDERATION BY COMMITTEES.

    Notwithstanding any other provision of this Act, no amount 
appropriated to the National Aeronautics and Space Administration may 
be used for any program--
            (1) for which the President's annual budget request 
        included a request for funding, but for which the Congress 
        denied or did not provide funding;
            (2) in excess of the amount actually authorized for the 
        particular program by subtitle A; and
            (3) which has not been presented to the Congress in the 
        President's annual budget request,
unless a period of 30 days has passed after the receipt by the 
Committee on Commerce, Science, and Transportation of the Senate and 
the Committee on Science, Space, and Technology of the House of 
Representatives of notice given by the Administrator containing a full 
and complete statement of the action proposed to be taken and the facts 
and circumstances relied upon in support of such proposed action. The 
National Aeronautics and Space Administration shall keep the Committee 
on Commerce, Science, and Transportation of the Senate and the 
Committee on Science, Space, and Technology of the House of 
Representatives fully and currently informed with respect to all 
activities and responsibilities within the jurisdiction of those 
committees. Except as otherwise provided by law, any Federal 
department, agency, or independent establishment shall furnish any 
information requested by either committee relating to any such activity 
or responsibility.

SEC. 157. NEW PROJECTS.

    The Administrator shall certify to Congress that each new project 
proposed to be funded, with life cycle costs estimated at $150,000,000 
or more, has as part of its development and implementation a technology 
plan to work with United States industry to identify and pursue 
technologies of value to both the National Aeronautics and Space 
Administration and industry.

SEC. 158. LIMITATION ON OBLIGATION OF UNAUTHORIZED APPROPRIATIONS.

    Not later than 30 days after the later of the date of enactment of 
an Act making appropriations to the National Aeronautics and Space 
Administration for fiscal year 1995 or the date of enactment of this 
Act, the Administrator shall submit a report of Congress and to the 
Comptroller General which specifies--
            (1) the portion of such appropriations which are for 
        programs, projects, or activities not specifically authorized 
        under this Act, of which are in excess of amounts authorized 
        for the relevant program, project, or activity under this Act; 
        and
            (2) the portion of such appropriations which are 
        specifically authorized under this Act.

SEC. 159. USE OF FUNDS FOR SCIENTIFIC CONSULTATIONS OR EXTRAORDINARY 
              EXPENSES.

    Funds appropriated under section 101, 102, and 103 may be used, but 
not to exceed $35,000 for scientific consultations or extraordinary 
expenses upon the authority of the Administrator.

                   TITLE II--MISCELLANEOUS PROVISIONS

SEC. 201. USE OF NASA LIFE SCIENCES FACILITIES.

    The Administrator shall issue regulations to provide use of life 
sciences facilities by extramural investigators pursuant to title VI to 
the National Aeronautics and Space Administration Authorization Act, 
Fiscal Year 1993 (Public Law 102-588; 106 Stat. 5130) and enter into 
reciprocal agreements with the National Institutes of Health to provide 
access to the ground-based research facilities of the National 
Aeronautics and Space Administration in life sciences.

SEC. 202. ORBITAL RESEARCH PLAN.

    Not later than 30 days after the later of the date of enactment of 
an Act making appropriations to the National Aeronautics and Space 
Administration for fiscal year 1995 or the date of enactment of this 
Act, the Administrator shall submit to Congress a detailed Orbital 
Research Plan that establishes the science research priorities for the 
next 5 years for all orbital life sciences, materials research, and 
biotechnology research. The plan shall include budgets, with the 
associated support costs, for the Spacelab, Spacehab, Comet, Mir, and 
Space Station programs.

SEC. 203. UNIVERSITY INNOVATIVE RESEARCH PROGRAM STUDY.

    (a) The Administrator shall undertake a study of the feasibility 
and potential implementation of a University Innovative Research 
Program which--
            (1) promotes technological innovation in the United States 
        by using the Nation's institutions of higher education to help 
        meet the National Aeronautics and Space Administration's 
        research and development needs, by developing technologies of 
        use to both the National Aeronautics and Space Administration 
        and industry, by stimulating technology transfer between 
        institutions of higher education and industry, and by 
        encouraging participation by minority and disadvantaged persons 
        in technological innovation;
            (2) is modeled on the Small Business and Innovation and 
        Research Program;
            (3) identifies opportunities for 4-year colleges which 
        demonstrate commitment to science and technology;
            (4) avoids duplication of existing National Aeronautics and 
        Space Administration programs with the institutions of higher 
        education;
            (5) identifies funding from the research and analysis 
        activities, advanced concepts and technology program, and other 
        activities which traditionally award grants and cooperative 
        agreements to institutions of higher education; and
            (6) is linked closely with other technology investment 
        activities of the National Aeronautics and Space 
        Administration.
    (b) Completion.--The study required by subsection (a) shall be 
completed and its results submitted within one year after the date of 
enactment of this Act.
    (c) Advice.--In carrying out the study required by subsection (a), 
the Administrator shall seek the advice of the National Aeronautics and 
Space Administration Advisory Council, the National Research Council's 
Aeronautics and Space Engineering Board and Space Studies Board, and 
other organizations as appropriate.

SEC. 204. INDEPENDENT INVESTIGATIONS FOLLOW-UP.

    The Administrator shall report annually, to the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee 
on Science, Space, and Technology of the House of Representatives at 
the time of the submission of the President's budget request, on--
            (1) all actions taken by the National Aeronautics and Space 
        Administration to remedy problems and adopt recommendations 
        identified by each panel convened to investigate vehicle or 
        systems failures and losses; and
            (2) where such recommendations have not been adopted, the 
        reasons for not pursuing such recommendations.

SEC. 205. FACILITIES REVIEW.

    (a) Review.--The Administrator shall conduct a review of the costs 
of maintaining all facilities owned by the National Aeronautics and 
Space Administration. The review shall address--
            (1) the function of each facility, its contribution to 
        National Aeronautics and Space Administration missions, and its 
        value to the Nation's technical base;
            (2) the current estimated value of each facility and 
        associated land, including details on assets and liabilities; 
        and
            (3) annual operating costs of each facility, including but 
        not limited to power, equipment, maintenance, operations, and 
        personnel costs.
    (b) Report.--The Administrator shall report on the results of the 
facilities review required by subsection (a), to the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee 
on Science, Space, and Technology of the House of Representatives not 
later than January 1, 1995.

SEC. 206. DIVERSITY FACTORS IN PROCUREMENT.

    (a) In General.--The Administrator shall ensure to the fullest 
extent possible that at least 8 percent of the funding made available 
to the National Aeronautics and Space Administration for each fiscal 
year is made available for prime contracts and subcontracts in support 
of authorized programs with--
            (1) small business concerns or other organizations owned or 
        controlled by socially and economically disadvantaged 
        individuals;
            (2) historically black colleges and universities; and
            (3) colleges and universities having a student body in 
        which more than 20 percent of the students are Hispanic 
        Americans, and other minority educational institutions.
    (b) Waiver of Competitive Procedures.--To the extent necessary to 
carry out subsection (a), the Administrator may enter into contracts 
using less than full and open competitive procedures, but shall pay a 
price not exceeding fair market cost by more than 10 percent in payment 
per contract to contractors or subcontractors described in subsection 
(a). This section shall not alter the procurement process under section 
8(a) of the Small Business Act (15 U.S.C. 637(a)).
    (c) Regulations.--The Administrator shall issue such regulations as 
are necessary to carry out this section.
    (d) Definitions.--For purposes of this section--
            (1) the term ``historically black colleges and 
        universities'' has the meaning given the term ``part B 
        institution'' in section 322(2) of the Higher Education Act of 
        1965 (20 U.S.C. 1061(2));
            (2) the term ``other minority educational institution'' has 
        the meaning given the term ``eligible institution'' in section 
        312(b) of the Higher Education Act of 1965 (20 U.S.C. 1058(b)); 
        and
            (3) the term ``socially and economically disadvantaged 
        individuals'' has the meaning given such term in section 8(a) 
        (5) and (6) of the Small Business Act (15 U.S.C. 637(a) (5) and 
        (6)), and includes women.

SEC. 207. NATIONAL AERONAUTICS AND SPACE ACT OF 1958 AMENDMENTS.

    Section 206(a) of the National Aeronautics and Space Act of 1958 is 
amended--
            (1) by striking ``January'' and inserting in lieu thereof 
        ``May''; and
            (2) by striking ``calendar'' and inserting in lieu thereof 
        ``fiscal''.

SEC. 208. COMMERCIAL SPACE LAUNCH ACT AMENDMENTS.

    (a) Amendments To Authorize Authority for Commercial Reentry 
Vehicles.--The Commercial Space Launch Act (49 App. U.S.C. 2601 et 
seq.) is amended--
            (1) in section 4--
                    (A) by inserting ``from Earth'' after ``if any,'' 
                in paragraph (2);
                    (B) by redesignating paragraphs (9) through (12) as 
                paragraphs (11), (13), (14), and (15), respectively; 
                and
                    (C) by inserting after paragraph (8) the following 
                new paragraphs:
            ``(9) `reenter' and `reentry' mean to return purposefully 
        or attempt to return a reentry vehicle and payload, if any, 
        from Earth orbit or outer space to Earth;
            ``(10) `reentry vehicle' means any vehicle designed to 
        return from Earth orbit or outer space to Earth substantially 
        intact;'';
            (2) in section 6(a), by inserting ``, or reenter a reentry 
        vehicle,'' after ``operate a launch site'' each place it 
        appears;
            (3) in section 6(a) (2) and (3), by striking ``section 
        4(11)'' each place it appears and inserting in lieu thereof 
        ``section 4(14)'';
            (4) in section 6(a)(3)(A), by inserting ``or reentry'' 
        after ``such launch or operation'';
            (5) in section 6(a)(3), by inserting ``, or reentry of a 
        reentry vehicle,'' after ``operation of a launch site'' each 
        place it appears;
            (6) in section 6(b)(1)--
                    (a) by striking ``launch license'' and inserting in 
                lieu thereof ``license'';
                    (B) by inserting ``or reenter'' after ``shall not 
                launch'';
                    (C) by inserting ``or reentry'' after ``relate to 
                the launch''; and
                    (D) by inserting ``or reentered'' after ``to be 
                launched'';
            (7) in section 6(b)(2)--
                    (A) by inserting ``or reentry'' after ``prevent the 
                launch'';
                    (B) by inserting ``holder of a launch license'' and 
                inserting in lieu thereof ``licensee''; and
                    (C) by inserting ``or reentry'' after ``determines 
                that the launch'';
            (8) in section 6(c)(1), by inserting ``or reentry of a 
        reentry vehicle'' after ``operation of a launch site'';
            (9) in section 7, by striking ``both'' and inserting in 
        lieu thereof ``for reentering one or more reentry vehicles'';
            (10) in section 8(a)(1), by inserting ``, or reentry of a 
        reentry vehicle,'' after ``operation of a launch site'' the 
        first time it appears and by inserting ``, or reentry of a 
        reentry vehicle'' after ``operation of a launch site'' the 
        second time it appears;
            (11) in sections 8(a)(2), 9(b), 11(a), 11(b), 12(a)(2)(B), 
        and 12(b), by inserting ``, or reentry of a reentry vehicle,'' 
        after ``operation of a launch site'' each place it appears;
            (12) in section 8(b), by inserting ``and the reentry of 
        reentry vehicles,'' after ``operation of launch sites,'';
            (13) in section 11(a), by inserting ``or reentry'' after 
        ``launch or operation'';
            (14) in section 12(a)(1), by inserting ``or reentry'' after 
        ``prevent the launch'';
            (15) in section 12(b), by inserting ``or reentry'' after 
        ``prevent the launch'';
            (16) in section 14(a)(1)--
                    (A) by inserting ``or reentry site'' after 
                ``observers at any launch site''; and
                    (B) by inserting ``or reentry vehicles'' after 
                ``assembly of a launch vehicle'';
            (17) in section 15(b)(4)(A)--
                    (A) by inserting ``and reentries'' after ``ensure 
                that the launches'';
                    (B) by inserting ``or reentry date commitment'' 
                after ``launch date commitment'';
                    (C) by inserting ``or reentry'' after ``obtained 
                for a launch'';
                    (D) by inserting ``, reentry sites,'' after 
                ``United States launch sites'';
                    (E) by inserting ``or reentry site'' after ``access 
                to a launch site'';
                    (F) by inserting ``, or services related to a 
                reentry,'' after ``amount for launch services''; and
                    (G) by inserting ``or reentry'' after ``the 
                scheduled launch'';
            (18) in section 15(b)(4)(B), by inserting ``or reentry'' 
        after ``prompt launching'';
            (19) in section 15(c), by inserting ``or reentry'' after 
        ``launch site'';
            (20) in section 16(a)(1) (A) and (B), by inserting, ``or 
        reentry'' after ``any particular launch'' each place it 
        appears;
            (21) in section 16(a)(1) (C) and (D), by inserting ``or a 
        reentry'' after ``launch services'' each place it appears;
            (22) in section 16(a)(2), by inserting ``or reentry'' after 
        ``launch services'';
            (23) in section 16(b) (1) and (4)(A) and (B), by inserting 
        ``or reentry'' after ``particular launch'' each place it 
        appears;
            (24) in section 17(b)(2)(A)--
                    (A) by inserting ``reentry site,'' after ``launch 
                site,''; and
                    (B) by inserting ``or reentry vehicle'' after 
                ``site of a launch vehicle'';
            (25) in section 21(a), by inserting ``and reentry'' after 
        ``approval of space launch'';
            (26) in section 21(b)--
                    (A) by inserting ``, reentry vehicle,'' after ``A 
                launch vehicle''; and
                    (B) by inserting ``or reentry'' after ``the 
                launching'';
            (27) in section 21(c)(1)--
                    (A) by striking ``or'' at the end of subparagraph 
                (B);
                    (B) by redesignating subparagraph (C) as 
                subparagraph (D); and
                    (C) by inserting after subparagraph (B) the 
                following new subparagraph:
                    ``(C) reentry of a reentry vehicle, or'';
            (28) in section 21(c)(2), by inserting ``reentry,'' after 
        ``launch,'';
            (29) in section 22(a)--
                    (A) by striking ``ending after the date of 
                enactment of this Act and before October 1, 1989''; and
                    (B) by inserting ``and reentries'' after ``further 
                commercial launches''; and
            (30) in section 24, by inserting ``There are authorized to 
        be appropriated to the Secretary $6,541,000 to carry out this 
        Act for fiscal year 1995.'' after ``$4,900,000 to carry out 
        this Act.''.
    (b) Regulations.--The Secretary of Transportation shall issue 
regulations under the Commercial Space Launch Act (49 App. U.S.C. 2601 
et seq.) that include--
            (1) guidelines for industry to obtain sufficient insurance 
        coverage for potential damages to third parties;
            (2) procedures for requesting and obtaining licenses to 
        operate a commercial launch vehicle and reentry vehicle;
            (3) procedures for requesting and obtaining operator 
        licenses for launch and reentry; and
            (4) procedures for the application of government 
        indemnification.
    (c) Prohibition on Space Advertising.--(1) Section 4 of the 
Commercial Space Launch Act (49 App. U.S.C. 2603) is amended by 
inserting after paragraph (11), as redesignated by subsection (a)(1)(B) 
of this section, the following new paragraph:
            ``(12) `space advertising' means advertising in outer space 
        that is capable of being seen by a human being on the surface 
        of the earth without the aid of a telescope or other 
        technological device;''.
    (2) The Commercial Space Launch Act (49 App. U.S.C. 2601 et seq.) 
is amended by inserting after section 10 the following new section:

``SEC. 10A. PROHIBITION ON SPACE ADVERTISING.

    ``(a) Prohibition.--Notwithstanding the provisions of this Act or 
any other provision of law--
            ``(1) the Secretary shall not--
                    ``(A) issue or transfer a license under this Act; 
                or
                    ``(B) waive the license requirements of this Act; 
                for the launch of a payload containing any material to 
                be used for the purposes of space advertising; and
            ``(2) no holder of a license under this Act, on or after 
        the date of enactment of this section, shall launch a payload 
        containing any material to be used for purposes of space 
        advertising.
    ``(b) Civil Penalties.--Any person who violates the provisions of 
subsection (a)(2) shall--
            ``(1) be subject to a civil penalty, not to exceed 
        $30,000,000, which shall be assessed by the Secretary; and
            ``(2) not be issued a license under this Act for a period 
        of 2 years from the date of such violation, or, in the case of 
        multiple violations, from the date of the most recent 
        violation.''.
    (3)(A) The President is requested to negotiate with foreign 
launching nations for the purpose of reaching an agreement or 
agreements that prohibit the use of outer space for advertising 
purposes.
    (B) The United States Trade Representative may authorize the 
imposition of appropriate sanctions on any foreign nation that launches 
a payload in violation of an agreement, to which the United States and 
such nation are parties, that prohibits the use of outer space for 
advertising purposes.
    (C) In this paragraph, the term ``foreign launching nation'' means 
a nation--
            (i) which launches, or procures the launching of, a payload 
        into outer space; or
            (ii) from whose territory or facility a payload is launched 
        into outer space.

                                 <all>

S 2116 IS----2
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