II

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.

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 1995’’.

7 SEC. 2. FINDINGS.

8 The Congress finds and declares the following:
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1 (1) Improved understanding of the Earth and

2 space, strengthened national competitiveness in aero3 space activities, and international scientific coopera4 tion are all national priorities.

5 (2) Continued support, within budgetary con6 straints, of key programs of the National Aero7 nautics and Space Administration can further ad8 vance these national priorities.

9 (3) The end of the cold war enables Federal

10 agencies to coordinate resources to pursue civilian

11 research and development in the most effective and

12 efficient manner.

13 (4) The 25th anniversary of the first human

14 landing on the Moon reminds all humanity of the

15 wondrous accomplishments of the past and the op16 portunities that still beckon.

17 SEC. 3. DEFINITIONS.

18 For the purposes of this Act—

19 (1) the term ‘‘Administrator’’ means the Ad20 ministrator of the National Aeronautics and Space

21 Administration; and

22 (2) the term ‘‘institution of higher education’’

23 has the meaning given such term in section 1201(a)

24 of the Higher Education Act of 1965 (20 U.S.C.

25 1141(a)).
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1 TITLE I—AUTHORIZATION OF

2 APPROPRIATIONS

3 Subtitle A—Authorizations

4 SEC. 101. HUMAN SPACE FLIGHT.

5 There are authorized to be appropriated to the Na6 tional Aeronautics and Space Administration for Human

7 Space Flight the following amounts, to become available

8 October 1, 1994:

9 (1) Space Station, $1,889,600,000, of which

10 $20,200,000 are authorized for the construction of

11 a Neutral Buoyancy Laboratory, Johnson Space

12 Center.

13 (2) Russian Cooperation, $150,100,000, of

14 which—

15 (A) $100,000,000 are authorized for Rus16 sian space agency contract support; and

17 (B) $50,100,000 are authorized for Space

18 Shuttle/MIR activities.

19 (3) Space Shuttle, $3,324,000,000, of which—

20 (A) $4,800,000 are authorized for mod21 ernization of the Firex System, Pads A an B,

22 Kennedy Space Center; and

23 (B) $7,500,000 are authorized for replace24 ment of the Components Refurbishment Lab25 oratory, Kennedy Space Center.
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1 (4) Payload and Utilization Operations,

2 $356,200,000.

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

4 There are authorized to be appropriated to the Na5 tional Aeronautics and Space Administration for Science,

6 Aeronautics, and Technology the following amounts, to be7 come available October 1, 1994:

8 (1) Space Science, $1,766,000,000 of which—

9 (A) $1,058,700,000 are authorized for

10 Physics and Astronomy; and

11 (B) $707,300,000 are authorized for Plan12 etary Exploration.

13 (2) Life and Microgravity Sciences and Applica14 tions, $470,900,000.

15 (3) Mission to Planet Earth, $1,238,100,000,

16 of which $17,000,000 are authorized for the con17 struction of the Earth Systems Science Building,

18 Goddard Space Flight Center.

19 (4) Aeronautical Research and Technology,

20 $898,500,000, of which—

21 (A) $342,800,000 are authorized for Re22 search and Technology Base activities;

23 (B) $533,700,000 are authorized for Sys24 tems Technology Programs, including—
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1 (i) High Speed Research,

2 $221,300,000;

3 (ii) Advanced Subsonics,

4 $125,800,000;

5 (iii) High Performance Computing

6 and Communications, $76,100,000; and

7 (C) $22,000,000 are authorized for the

8 modernization of the Unitary Plan Wind Tun9 nel Complex, Ames Research Center.

10 (5) Advanced Concepts and Technology,

11 $608,400,000.

12 (6) Launch Services, $340,900,000.

13 (7) Mission Communication Services,

14 $481,200,000.

15 (8) Academic Programs, $97,200,000.

16 SEC. 103. MISSION SUPPORT.

17 There are authorized to be appropriated to the Na18 tional Aeronautics and Space Administration for Mission

19 Support the following amounts, to become available Octo20 ber 1, 1994:

21 (1) Safety, Reliability, and Quality Assurance,

22 $38,700,000.

23 (2) Space Communication Services,

24 $268,900,000.
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1 (3) Research and Program Management, in2 cluding personnel and related costs, travel, and re3 search operations support, $2,220,300,000.

4 (4) Construction of Facilities, including land

5 acquisition, $135,000,000, of which—

6 (A) $8,000,000 are authorized to perform

7 seismic upgrade of the Research, Development,

8 and Test Building, Dryden Flight Research

9 Center;

10 (B) $5,000,000 are authorized to restore

11 the Exterior/Interior Systems, Buildings 3, 13,

12 and 14, Goddard Space Flight Center;

13 (C) $4,300,000 are authorized to modern14 ize the Condenser Water Systems, Southern

15 Sector, Jet Propulsion Laboratory;

16 (D) $4,300,000 are authorized to rehabili17 tate the Utility Tunnel Structure and Systems,

18 Johnson Space Center;

19 (E) $1,500,000 are authorized to modern20 ize the Payloads Hazardous Servicing Facility

21 HVAC System, Kennedy Space Center;

22 (F) $4,900,000 are authorized to modern23 ize the Metrology and Calibration Facility, Mar24 shall Space Flight Center;
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1 (G) $30,000,000 are authorized to repair

2 facilities at various locations, not in excess of

3 $1,000,000 per project;

4 (H) $30,000,000 are authorized to reha5 bilitate and modify facilities at various loca6 tions, not in excess of $1,000,000 per project;

7 (I) $2,000,000 are authorized for minor

8 construction of new facilities and additions to

9 existing facilities at various locations, not in ex10 cess of $750,000,000 per project;

11 (J) $10,000,000 are authorized for facility

12 planning and design; and

13 (K) $35,000,000 are authorized for envi14 ronmental compliance and restoration.

15 SEC. 104. INSPECTOR GENERAL.

16 There are authorized to be appropriated to the Na17 tional Aeronautics and Space Administration for Inspector

18 General $16,000,000, to become available October 1,

19 1994.

20 Subtitle B—Limitations and Special

21 Authority

22 SEC. 151. SPACE STATION LIMITATION.

23 The aggregate amount authorized to be appropriated

24 for Space Station and related activities under sections

25 101, 102, and 103 shall not exceed $2,100,000,000.
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1 SEC. 152. EXPERIMENTAL PROGRAM TO STIMULATE COM2 PETITIVE RESEARCH.

3 Of the amounts appropriated under sections 101 and

4 102, $10,000,000 are authorized for the Experimental

5 Program to Stimulate Competitive Research in accordance

6 with title III of the National Aeronautics and Space Ad7 ministration Act, Fiscal Year 1993 (Public Law 102–588;

8 106 Stat. 5119).

9 SEC. 153. USE OF FUNDS FOR CONSTRUCTION.

10 (a) AUTHORIZED USES.—Funds appropriated under

11 sections 101, 102, and 103 (excluding appropriations for

12 construction of facilities under sections 101(1), 102(3),

13 102(4)(C), and 103(4), and for personnel and related

14 costs and travel) may be used for the construction of new

15 facilities and additions to, repair of, rehabilitation of, or

16 modification of existing facilities at any location in support

17 of the purposes of which such funds are authorized.

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

19 to subsection (a) may be expended for a project the esti20 mated cost of which to the National Aeronautics and

21 Space Administration, including collateral equipment, ex22 ceeds $500,000, until 30 days have passed after the Ad23 ministrator has notified the Committee on Commerce,

24 Science, and Transportation of the Senate and the Com25 mittee on Science, Space, and Technology of the House

26 of Representatives of the nature, location, and estimated
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1 cost to the National Aeronautics and Space Administra2 tion of such project.

3 (c) TITLE TO FACILITIES.—If funds are used pursu4 ant to subsection (a) for grants to institutions of higher

5 education, or to nonprofit organizations whose primary

6 purpose is the conduct of scientific research, for purchase

7 or construction of additional research facilities, title to

8 such facilities shall be vested in the United States unless

9 the Administrator determines that the national program

10 of aeronautical and space activities will best be served by

11 vesting title in the grantee institution or organization.

12 Each such grant shall be made under such conditions as

13 the Administrator shall determine to be required to ensure

14 that the United States will receive therefrom benefits ade15 quate to justify the making of that grant.

16 SEC. 154. AVAILABILITY OF APPROPRIATED AMOUNTS.

17 To the extent provided in the appropriations Act, ap18 propriations authorized under subtitle A may remain

19 available without fiscal year limitation.

20 SEC. 155. REPROGRAMMING FOR CONSTRUCTION OF FA21 CILITIES.

22 Appropriations authorized for construction of facili23 ties under section 101(1), 102(3), 102(4)(C), or 103(4)—

24 (1) may be varied upward by 10 percent at the

25 discretion of the Administrator; or
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1 (2) may be varied upward by 25 percent to

2 meet unusual cost variations after the expiration of

3 30 days following a report on the circumstances of

4 such action by the Administrator to the Committee

5 on Commerce, Science, and Transportation of the

6 Senate and the Committee on Science, Space, and

7 Technology of the House of Representatives.

8 The aggregate amount authorized to be appropriated for

9 construction of facilities under sections 101(1), 102(3),

10 102(4)(C), and 103(4) shall not be increased as a result

11 of actions authorized under this section.

12 SEC. 156. CONSIDERATION BY COMMITTEES.

13 Notwithstanding any other provision of this Act, no

14 amount appropriated to the National Aeronautics and

15 Space Administration may be used for any program—

16 (1) for which the President’s annual budget re17 quest included a request for funding, but for which

18 the Congress denied or did not provide funding;

19 (2) in excess of the amount actually authorized

20 for the particular program by subtitle A; and

21 (3) which has not been presented to the Con22 gress in the President’s annual budget request,

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

24 by the Committee on Commerce, Science, and Transpor25 tation of the Senate and the Committee on Science, Space,
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1 and Technology of the House of Representatives of notice

2 given by the Administrator containing a full and complete

3 statement of the action proposed to be taken and the facts

4 and circumstances relied upon in support of such proposed

5 action. The National Aeronautics and Space Administra6 tion shall keep the Committee on Commerce, Science, and

7 Transportation of the Senate and the Committee on

8 Science, Space, and Technology of the House of Rep9 resentatives fully and currently informed with respect to

10 all activities and responsibilities within the jurisdiction of

11 those committees. Except as otherwise provided by law,

12 any Federal department, agency, or independent establish13 ment shall furnish any information requested by either

14 committee relating to any such activity or responsibility.

15 SEC. 157. NEW PROJECTS.

16 The Administrator shall certify to Congress that each

17 new project proposed to be funded, with life cycle costs

18 estimated at $150,000,000 or more, has as part of its de19 velopment and implementation a technology plan to work

20 with United States industry to identify and pursue tech21 nologies of value to both the National Aeronautics and

22 Space Administration and industry.
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1 SEC. 158. LIMITATION ON OBLIGATION OF UNAUTHORIZED

2 APPROPRIATIONS.

3 Not later than 30 days after the later of the date

4 of enactment of an Act making appropriations to the Na5 tional Aeronautics and Space Administration for fiscal

6 year 1995 or the date of enactment of this Act, the Ad7 ministrator shall submit a report of Congress and to the

8 Comptroller General which specifies—

9 (1) the portion of such appropriations which are

10 for programs, projects, or activities not specifically

11 authorized under this Act, of which are in excess of

12 amounts authorized for the relevant program,

13 project, or activity under this Act; and

14 (2) the portion of such appropriations which are

15 specifically authorized under this Act.

16 SEC. 159. USE OF FUNDS FOR SCIENTIFIC CONSULTATIONS

17 OR EXTRAORDINARY EXPENSES.

18 Funds appropriated under section 101, 102, and 103

19 may be used, but not to exceed $35,000 for scientific con20 sultations or extraordinary expenses upon the authority of

21 the Administrator.

22 TITLE II—MISCELLANEOUS PROVISIONS

23 SEC. 201. USE OF NASA LIFE SCIENCES FACILITIES.

24 The Administrator shall issue regulations to provide

25 use of life sciences facilities by extramural investigators

26 pursuant to title VI to the National Aeronautics and
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1 Space Administration Authorization Act, Fiscal Year

2 1993 (Public Law 102–588; 106 Stat. 5130) and enter

3 into reciprocal agreements with the National Institutes of

4 Health to provide access to the ground-based research fa5 cilities of the National Aeronautics and Space Administra6 tion in life sciences.

7 SEC. 202. ORBITAL RESEARCH PLAN.

8 Not later than 30 days after the later of the date

9 of enactment of an Act making appropriations to the Na10 tional Aeronautics and Space Administration for fiscal

11 year 1995 or the date of enactment of this Act, the Ad12 ministrator shall submit to Congress a detailed Orbital

13 Research Plan that establishes the science research prior14 ities for the next 5 years for all orbital life sciences, mate15 rials research, and biotechnology research. The plan shall

16 include budgets, with the associated support costs, for the

17 Spacelab, Spacehab, Comet, Mir, and Space Station

18 programs.

19 SEC. 203. UNIVERSITY INNOVATIVE RESEARCH PROGRAM

20 STUDY.

21 (a) The Administrator shall undertake a study of the

22 feasibility and potential implementation of a University

23 Innovative Research Program which—

24 (1) promotes technological innovation in the

25 United States by using the Nation’s institutions of
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1 higher education to help meet the National Aero2 nautics and Space Administration’s research and de3 velopment needs, by developing technologies of use

4 to both the National Aeronautics and Space Admin5 istration and industry, by stimulating technology

6 transfer between institutions of higher education and

7 industry, and by encouraging participation by minor8 ity and disadvantaged persons in technological inno9 vation;

10 (2) is modeled on the Small Business and Inno11 vation and Research Program;

12 (3) identifies opportunities for 4-year colleges

13 which demonstrate commitment to science and tech14 nology;

15 (4) avoids duplication of existing National Aero16 nautics and Space Administration programs with the

17 institutions of higher education;

18 (5) identifies funding from the research and

19 analysis activities, advanced concepts and technology

20 program, and other activities which traditionally

21 award grants and cooperative agreements to institu22 tions of higher education; and

23 (6) is linked closely with other technology in24 vestment activities of the National Aeronautics and

25 Space Administration.
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1 (b) COMPLETION.—The study required by subsection

2 (a) shall be completed and its results submitted within one

3 year after the date of enactment of this Act.

4 (c) ADVICE.—In carrying out the study required by

5 subsection (a), the Administrator shall seek the advice of

6 the National Aeronautics and Space Administration Advi7 sory Council, the National Research Council’s Aeronautics

8 and Space Engineering Board and Space Studies Board,

9 and other organizations as appropriate.

10 SEC. 204. INDEPENDENT INVESTIGATIONS FOLLOW-UP.

11 The Administrator shall report annually, to the Com12 mittee on Commerce, Science, and Transportation of the

13 Senate and the Committee on Science, Space, and Tech14 nology of the House of Representatives at the time of the

15 submission of the President’s budget request, on—

16 (1) all actions taken by the National Aero17 nautics and Space Administration to remedy prob18 lems and adopt recommendations identified by each

19 panel convened to investigate vehicle or systems fail20 ures and losses; and

21 (2) where such recommendations have not been

22 adopted, the reasons for not pursuing such rec23 ommendations.
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1 SEC. 205. FACILITIES REVIEW.

2 (a) REVIEW.—The Administrator shall conduct a re3 view of the costs of maintaining all facilities owned by the

4 National Aeronautics and Space Administration. The re5 view shall address—

6 (1) the function of each facility, its contribution

7 to National Aeronautics and Space Administration

8 missions, and its value to the Nation’s technical

9 base;

10 (2) the current estimated value of each facility

11 and associated land, including details on assets and

12 liabilities; and

13 (3) annual operating costs of each facility, in14 cluding but not limited to power, equipment, mainte15 nance, operations, and personnel costs.

16 (b) REPORT.—The Administrator shall report on the

17 results of the facilities review required by subsection (a),

18 to the Committee on Commerce, Science, and Transpor19 tation of the Senate and the Committee on Science, Space,

20 and Technology of the House of Representatives not later

21 than January 1, 1995.

22 SEC. 206. DIVERSITY FACTORS IN PROCUREMENT.

23 (a) IN GENERAL.—The Administrator shall ensure to

24 the fullest extent possible that at least 8 percent of the

25 funding made available to the National Aeronautics and

26 Space Administration for each fiscal year is made avail-
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1 able for prime contracts and subcontracts in support of

2 authorized programs with—

3 (1) small business concerns or other organiza4 tions owned or controlled by socially and economi5 cally disadvantaged individuals;

6 (2) historically black colleges and universities;

7 and

8 (3) colleges and universities having a student

9 body in which more than 20 percent of the students

10 are Hispanic Americans, and other minority edu11 cational institutions.

12 (b) WAIVER OF COMPETITIVE PROCEDURES.—To the

13 extent necessary to carry out subsection (a), the Adminis14 trator may enter into contracts using less than full and

15 open competitive procedures, but shall pay a price not ex16 ceeding fair market cost by more than 10 percent in pay17 ment per contract to contractors or subcontractors de18 scribed in subsection (a). This section shall not alter the

19 procurement process under section 8(a) of the Small Busi20 ness Act (15 U.S.C. 637(a)).

21 (c) REGULATIONS.—The Administrator shall issue

22 such regulations as are necessary to carry out this section.

23 (d) DEFINITIONS.—For purposes of this section—

24 (1) the term ‘‘historically black colleges and

25 universities’’ has the meaning given the term ‘‘part
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1 B institution’’ in section 322(2) of the Higher Edu2 cation Act of 1965 (20 U.S.C. 1061(2));

3 (2) the term ‘‘other minority educational insti4 tution’’ has the meaning given the term ‘‘eligible in5 stitution’’ in section 312(b) of the Higher Education

6 Act of 1965 (20 U.S.C. 1058(b)); and

7 (3) the term ‘‘socially and economically dis8 advantaged individuals’’ has the meaning given such

9 term in section 8(a) (5) and (6) of the Small Busi10 ness Act (15 U.S.C. 637(a) (5) and (6)), and in11 cludes women.

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

13 AMENDMENTS.

14 Section 206(a) of the National Aeronautics and

15 Space Act of 1958 is amended—

16 (1) by striking ‘‘January’’ and inserting in lieu

17 thereof ‘‘May’’; and

18 (2) by striking ‘‘calendar’’ and inserting in lieu

19 thereof ‘‘fiscal’’.

20 SEC. 208. COMMERCIAL SPACE LAUNCH ACT AMENDMENTS.

21 (a) AMENDMENTS TO AUTHORIZE AUTHORITY FOR

22 COMMERCIAL REENTRY VEHICLES.—The Commercial

23 Space Launch Act (49 App. U.S.C. 2601 et seq.) is

24 amended—

25 (1) in section 4—
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1 (A) by inserting ‘‘from Earth’’ after ‘‘if

2 any,’’ in paragraph (2);

3 (B) by redesignating paragraphs (9)

4 through (12) as paragraphs (11), (13), (14),

5 and (15), respectively; and

6 (C) by inserting after paragraph (8) the

7 following new paragraphs:

8 ‘‘(9) ‘reenter’ and ‘reentry’ mean to return pur9 posefully or attempt to return a reentry vehicle and

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

11 Earth;

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

14 Earth substantially intact;’’;

15 (2) in section 6(a), by inserting ‘‘, or reenter a

16 reentry vehicle,’’ after ‘‘operate a launch site’’ each

17 place it appears;

18 (3) in section 6(a) (2) and (3), by striking ‘‘sec19 tion 4(11)’’ each place it appears and inserting in

20 lieu thereof ‘‘section 4(14)’’;

21 (4) in section 6(a)(3)(A), by inserting ‘‘or re22 entry’’ after ‘‘such launch or operation’’;

23 (5) in section 6(a)(3), by inserting ‘‘, or reentry

24 of a reentry vehicle,’’ after ‘‘operation of a launch

25 site’’ each place it appears;
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1 (6) in section 6(b)(1)—

2 (a) by striking ‘‘launch license’’ and insert3 ing in lieu thereof ‘‘license’’;

4 (B) by inserting ‘‘or reenter’’ after ‘‘shall

5 not launch’’;

6 (C) by inserting ‘‘or reentry’’ after ‘‘relate

7 to the launch’’; and

8 (D) by inserting ‘‘or reentered’’ after ‘‘to

9 be launched’’;

10 (7) in section 6(b)(2)—

11 (A) by inserting ‘‘or reentry’’ after ‘‘pre12 vent the launch’’;

13 (B) by inserting ‘‘holder of a launch li14 cense’’ and inserting in lieu thereof ‘‘licensee’’;

15 and

16 (C) by inserting ‘‘or reentry’’ after ‘‘deter17 mines that the launch’’;

18 (8) in section 6(c)(1), by inserting ‘‘or reentry

19 of a reentry vehicle’’ after ‘‘operation of a launch

20 site’’;

21 (9) in section 7, by striking ‘‘both’’ and insert22 ing in lieu thereof ‘‘for reentering one or more re23 entry vehicles’’;

24 (10) in section 8(a)(1), by inserting ‘‘, or re25 entry of a reentry vehicle,’’ after ‘‘operation of a
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1 launch site’’ the first time it appears and by insert2 ing ‘‘, or reentry of a reentry vehicle’’ after ‘‘oper3 ation of a launch site’’ the second time it appears;

4 (11) in sections 8(a)(2), 9(b), 11(a), 11(b),

5 12(a)(2)(B), and 12(b), by inserting ‘‘, or reentry of

6 a reentry vehicle,’’ after ‘‘operation of a launch site’’

7 each place it appears;

8 (12) in section 8(b), by inserting ‘‘and the re9 entry of reentry vehicles,’’ after ‘‘operation of launch

10 sites,’’;

11 (13) in section 11(a), by inserting ‘‘or reentry’’

12 after ‘‘launch or operation’’;

13 (14) in section 12(a)(1), by inserting ‘‘or re14 entry’’ after ‘‘prevent the launch’’;

15 (15) in section 12(b), by inserting ‘‘or reentry’’

16 after ‘‘prevent the launch’’;

17 (16) in section 14(a)(1)—

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

19 ‘‘observers at any launch site’’; and

20 (B) by inserting ‘‘or reentry vehicles’’ after

21 ‘‘assembly of a launch vehicle’’;

22 (17) in section 15(b)(4)(A)—

23 (A) by inserting ‘‘and reentries’’ after ‘‘en24 sure that the launches’’;
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1 (B) by inserting ‘‘or reentry date commit2 ment’’ after ‘‘launch date commitment’’;

3 (C) by inserting ‘‘or reentry’’ after ‘‘ob4 tained for a launch’’;

5 (D) by inserting ‘‘, reentry sites,’’ after

6 ‘‘United States launch sites’’;

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

8 ‘‘access to a launch site’’;

9 (F) by inserting ‘‘, or services related to a

10 reentry,’’ after ‘‘amount for launch services’’;

11 and

12 (G) by inserting ‘‘or reentry’’ after ‘‘the

13 scheduled launch’’;

14 (18) in section 15(b)(4)(B), by inserting ‘‘or re15 entry’’ after ‘‘prompt launching’’;

16 (19) in section 15(c), by inserting ‘‘or reentry’’

17 after ‘‘launch site’’;

18 (20) in section 16(a)(1) (A) and (B), by insert19 ing, ‘‘or reentry’’ after ‘‘any particular launch’’ each

20 place it appears;

21 (21) in section 16(a)(1) (C) and (D), by insert22 ing ‘‘or a reentry’’ after ‘‘launch services’’ each place

23 it appears;

24 (22) in section 16(a)(2), by inserting ‘‘or re25 entry’’ after ‘‘launch services’’;
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1 (23) in section 16(b) (1) and (4)(A) and (B),

2 by inserting ‘‘or reentry’’ after ‘‘particular launch’’

3 each place it appears;

4 (24) in section 17(b)(2)(A)—

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

6 ‘‘launch site,’’; and

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

8 ‘‘site of a launch vehicle’’;

9 (25) in section 21(a), by inserting ‘‘and re10 entry’’ after ‘‘approval of space launch’’;

11 (26) in section 21(b)—

12 (A) by inserting ‘‘, reentry vehicle,’’ after

13 ‘‘A launch vehicle’’; and

14 (B) by inserting ‘‘or reentry’’ after ‘‘the

15 launching’’;

16 (27) in section 21(c)(1)—

17 (A) by striking ‘‘or’’ at the end of subpara18 graph (B);

19 (B) by redesignating subparagraph (C) as

20 subparagraph (D); and

21 (C) by inserting after subparagraph (B)

22 the following new subparagraph:

23 ‘‘(C) reentry of a reentry vehicle, or’’;

24 (28) in section 21(c)(2), by inserting ‘‘reentry,’’

25 after ‘‘launch,’’;
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1 (29) in section 22(a)—

2 (A) by striking ‘‘ending after the date of

3 enactment of this Act and before October 1,

4 1989’’; and

5 (B) by inserting ‘‘and reentries’’ after

6 ‘‘further commercial launches’’; and

7 (30) in section 24, by inserting ‘‘There are au8 thorized to be appropriated to the Secretary

9 $6,541,000 to carry out this Act for fiscal year

10 1995.’’ after ‘‘$4,900,000 to carry out this Act.’’.

11 (b) REGULATIONS.—The Secretary of Transportation

12 shall issue regulations under the Commercial Space

13 Launch Act (49 App. U.S.C. 2601 et seq.) that include—

14 (1) guidelines for industry to obtain sufficient

15 insurance coverage for potential damages to third

16 parties;

17 (2) procedures for requesting and obtaining li18 censes to operate a commercial launch vehicle and

19 reentry vehicle;

20 (3) procedures for requesting and obtaining op21 erator licenses for launch and reentry; and

22 (4) procedures for the application of govern23 ment indemnification.

24 (c) PROHIBITION ON SPACE ADVERTISING.—(1) Sec25 tion 4 of the Commercial Space Launch Act (49 App.
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1 U.S.C. 2603) is amended by inserting after paragraph

2 (11), as redesignated by subsection (a)(1)(B) of this sec3 tion, the following new paragraph:

4 ‘‘(12) ‘space advertising’ means advertising in

5 outer space that is capable of being seen by a

6 human being on the surface of the earth without the

7 aid of a telescope or other technological device;’’.

8 (2) The Commercial Space Launch Act (49 App.

9 U.S.C. 2601 et seq.) is amended by inserting after section

10 10 the following new section:

11 ‘‘SEC. 10A. PROHIBITION ON SPACE ADVERTISING.

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

13 of this Act or any other provision of law—

14 ‘‘(1) the Secretary shall not—

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

16 Act; or

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

18 Act; for the launch of a payload containing any

19 material to be used for the purposes of space

20 advertising; and

21 ‘‘(2) no holder of a license under this Act, on

22 or after the date of enactment of this section, shall

23 launch a payload containing any material to be used

24 for purposes of space advertising.
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1 ‘‘(b) CIVIL PENALTIES.—Any person who violates the

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

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

4 $30,000,000, which shall be assessed by the Sec5 retary; and

6 ‘‘(2) not be issued a license under this Act for

7 a period of 2 years from the date of such violation,

8 or, in the case of multiple violations, from the date

9 of the most recent violation.’’.

10 (3)(A) The President is requested to negotiate with

11 foreign launching nations for the purpose of reaching an

12 agreement or agreements that prohibit the use of outer

13 space for advertising purposes.

14 (B) The United States Trade Representative may au15 thorize the imposition of appropriate sanctions on any for16 eign nation that launches a payload in violation of an

17 agreement, to which the United States and such nation

18 are parties, that prohibits the use of outer space for adver19 tising purposes.

20 (C) In this paragraph, the term ‘‘foreign launching

21 nation’’ means a nation—

22 (i) which launches, or procures the launching

23 of, a payload into outer space; or

24 (ii) from whose territory or facility a payload is

25 launched into outer space.
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