I
104TH CONGRESS
1ST SESSION
H. R. 2043
To authorize appropriations to the National Aeronautics and Space Adminis-
tration for human space flight, science, aeronautics, and technology,
mission support, and Inspector General, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 17, 1995
Mr. WALKER (for himself and Mr. SENSENBRENNER) introduced the following
bill; which was referred to the Committee on Science
A BILL
To authorize appropriations to the National Aeronautics and
Space Administration for human space flight, science,
aeronautics, and technology, mission support, and In-
spector General, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives 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
1996’’.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The National Aeronautics and Space Ad-
ministration has failed to request sufficient funds to
perform all missions it has proposed in annual budg-
et requests. For fiscal year 1996, the budget re-
quested is $140,000,000 below the amount required
to fulfill program commitments made by the fiscal
year 1995 budget approved by Congress. The re-
quest for fiscal year 1996 proposes continued
underfunding of the requirements of the National
Aeronautics 
and 
Space 
Administration 
by
$439,000,000 for fiscal year 1997, $847,000,000 for
fiscal year 1998, $1,189,000,000 for fiscal year
1999, and $1,532,000,000 for fiscal year 2000.
(2) In order to close the gap between projected
program requirements and the underfunding re-
quested, the National Aeronautics and Space Admin-
istration should aggressively pursue actions and re-
forms directed at reducing institutional costs, includ-
ing management restructuring, facility consolidation,
procurement reform, personnel base downsizing, and
convergence with other defense and private sector
systems.
(3) While institutional reforms, restructurings,
and downsizing hold the promise of comporting the
projected needs of the National Aeronautics and
Space Administration with funding levels requested
by the Administration, such reforms provide no
guarantee against cancellation of missions in the
event reform efforts fail to achieve cost reduction
targets.
(4) The National Aeronautics and Space Ad-
ministration must reverse its current trend toward
becoming an operational agency, and return to its
proud history as the Nation’s leader in basic sci-
entific air and space research.
(5) Commercial space activity is in a delicate
stage of growth but has the potential to eclipse Fed-
eral space activity in its economic return to the Na-
tion if not stifled.
(6) The United States is on the verge of creat-
ing and using new technologies in microsatellites, in-
formation processing, and space launch that could
radically alter the manner in which the Government
approaches its space mission.
(7) In formulating a national space transpor-
tation service policy, the National Aeronautics and
Space Administration should agressively pursue re-
verse contracting opportunities to support the pri-
vate sector development of advanced space transpor-
tation technologies including reusable space vehicles,
single-stage-to-orbit vehicles, and manned space sys-
tems.
(8) International cooperation in space explo-
ration and science activities serves the United States
national interest—
(A) when it—
(i) reduces the cost of undertaking
missions the United States Government
would pursue unilaterally;
(ii) enables the United States to pur-
sue missions that it could not otherwise af-
ford to pursue unilaterally; or
(iii) enhances United States capabili-
ties to use and develop space for the bene-
fit of United States citizens; and
(B) when it does not—
(i) otherwise harm or interfere with
the ability of United States private sector
firms to develop or explore space commer-
cially;
(ii) interfere with the ability of Fed-
eral agencies to use space to complete their
missions;
(iii) undermine the ability of United
States private enterprise to compete favor-
ably with foreign entities in the commercial
space arena; or
(iv) transfer sensitive or commercially
advantageous technologies or knowledge
from the United States to other countries
or foreign entities except as required by
those countries or entities to make their
contribution to a multilateral space project
in partnership with the United States, or
on a quid pro quo basis.
(9) The National Aeronautics and Space Ad-
ministration and the Department of Defense can co-
operate more effectively in leveraging their mutual
capabilities to conduct joint space missions that im-
prove United States space capabilities and reduce
the cost of conducting space missions.
SEC. 3. DEFINITIONS.
For purposes of this Act—
(1) the term ‘‘Administrator’’ means the Ad-
ministrator 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.
(a) AUTHORIZATIONS.—There are authorized to be
appropriated to the National Aeronautics and Space Ad-
ministration for fiscal year 1996 for Human Space Flight
the following amounts:
(1) 
For 
Space 
Shuttle 
Operations,
$2,341,800,000.
(2) For Space Shuttle Safety and Performance
Upgrades, $837,000,000.
(3) For Payload and Utilization Operations,
$315,000,000.
(4) For Russian Cooperation, $100,000,000.
(b) CONSTRUCTION
OF FACILITIES.—(1) Of the
funds authorized to be appropriated under subsection
(a)(2), $5,000,000 are authorized for modernization of the
Firex System, Pads A and B, Kennedy Space Center.
(2) Of the funds authorized to be appropriated under
subsection (a)(2), $7,500,000 are authorized for replace-
ment of the Chemical Analysis Facility, Kennedy Space
Center.
(3) Of the funds authorized to be appropriated under
subsection (a)(2), $4,900,000 are authorized for replace-
ment of the Space Shuttle Main Engine Processing Facil-
ity, Kennedy Space Center.
SEC. 102. SCIENCE, AERONAUTICS, AND TECHNOLOGY.
(a) AUTHORIZATIONS.—There are authorized to be
appropriated to the National Aeronautics and Space Ad-
ministration for fiscal year 1996 for Science, Aeronautics,
and Technology the following amounts:
(1) For Space Science, $1,995,400,000, of
which—
(A) $1,167,600,000 are authorized for
Physics and Astronomy, of which $51,500,000
shall be for the Gravity Probe B, except that no
funds are authorized for the Space Infrared
Telescope Facility; and
(B) $827,800,000 are authorized for Plan-
etary Exploration, of which $30,000,000 shall
be for the New Millennium Spacecraft, includ-
ing $5,000,000 for the National Aeronautics
and Space Administration’s participation in
Clementine 2 (Air Force Program Element
0603401F Advanced Spacecraft Technology).
(2) For Life and Microgravity Sciences and Ap-
plications, $293,200,000.
(3) 
For 
Mission 
to 
Planet 
Earth,
$1,013,100,000, of which $21,500,000 shall only be
for activities described in section 208(7), except that
no funds are authorized for the Consortium for
International Earth Science Information Network,
the Global Observations to Benefit the Environment,
or the Topex Poseidon Follow-On mission. Funds
authorized by this paragraph may not be expended
to duplicate private sector or other Federal activities
or to procure systems to provide data unless the Ad-
ministrator certifies to Congress that no private sec-
tor or Federal entity can provide suitable data in a
timely manner. Notwithstanding any other provision
of law, funds in excess of those authorized by this
paragraph may not be obligated for Mission To
Planet Earth.
(4) 
For 
Space 
Access 
and 
Technology,
$639,800,000 of which—
(A) $193,000,000 are authorized for Ad-
vanced Space Transportation;
(B) $10,000,000 are authorized to be
made available for defraying the costs of con-
verting or redesigning commercially inconsistent
elements of former Federal facilities or to take
actions required for conformance with Federal
laws or regulations relating to commercial space
transportation infrastructure, to remain avail-
able until expended;
(C) $20,000,000 shall be for continuing
the Launch Voucher Demonstration Program
authorized under section 504 of the National
Aeronautics and Space Administration Author-
ization Act, Fiscal Year 1993 (15 U.S.C.
5803); and
(D) $33,900,000 are authorized for the
Small Spacecraft Technology Initiative, except
that funds for such Initiative may not be ex-
pended to duplicate private sector activities or
to fund any activities that a private sector en-
tity is proposing to carry out for commercial
purposes. No funds are authorized under this
paragraph for the Partnership for Next Genera-
tion Vehicle.
(5) For Aeronautical Research and Technology,
$826,900,000, of which—
(A) $354,700,000 are authorized for Re-
search and Technology Base activities;
(B) $245,500,000 are authorized for High
Speed Research;
(C) $133,000,000 are authorized for Ad-
vanced Subsonic Technology, except that no
funds are authorized for concept studies for Ad-
vanced Traffic Management and Affordable De-
sign and Manufacturing;
(D) $40,200,000 are authorized for High-
Performance Computing and Communications;
and
(E) $48,100,000 are authorized for Nu-
merical Aerodynamic Simulation.
(6) For Mission Communication Services,
$461,300,000.
(7) For Academic Programs, $102,200,000.
(b) CONSTRUCTION
OF FACILITIES.—(1) Of the
funds authorized to be appropriated under subsection
(a)(3), $17,000,000 are authorized for construction of the
Earth Systems Science Building, Goddard Space Flight
Center.
(2) Of the funds authorized to be appropriated under
subsection (a)(5), $5,400,000 are authorized for mod-
ernization of the Unitary Plan Wind Tunnel Complex,
Ames Research Center.
(3) Of the funds authorized to be appropriated under
subsection (a)(2), $3,000,000 are authorized for the con-
struction of an addition to the Microgravity and Develop-
ment Laboratory, Marshall Space Flight Center.
SEC. 103. MISSION SUPPORT.
There are authorized to be appropriated to the Na-
tional Aeronautics and Space Administration for fiscal
year 1996 for Mission Support the following amounts:
(1) For Safety, Reliability, and Quality Assur-
ance, $37,600,000.
(2) 
For 
Space 
Communication 
Services,
$319,400,000.
(3) For Construction of Facilities, including
land acquisition, $152,600,000, of which—
(A) $6,300,000 shall be for restoration of
Flight Systems Research Laboratory, Ames Re-
search Center;
(B) $3,000,000 shall be for restoration of
chilled water distribution system, Goddard
Space Flight Center;
(C) $4,800,000 shall be for replacing
chillers, various buildings, Jet Propulsion Lab-
oratory;
(D) $1,100,000 shall be for rehabilitation
of electrical distribution system, White Sands
Test Facility, Johnson Space Center;
(E) $4,200,000 shall be for replacement of
main substation switchgear and circuit break-
ers, Johnson Space Center;
ing facilities at various locations, not in excess
of $750,000 per project;
(O) $10,000,000 shall be for facility plan-
ning and design not otherwise provided for; and
(P) $35,000,000 shall be for environmental
compliance and restoration.
(4) For Research and Program Management,
including personnel and related costs, travel, and re-
search operations support, $2,094,800,000.
SEC. 104. INSPECTOR GENERAL.
There are authorized to be appropriated to the Na-
tional Aeronautics and Space Administration for Inspector
General, $17,300,000 for fiscal year 1996.
SEC. 105. TOTAL AUTHORIZATION.
Notwithstanding any other provision of this title, the
total amount authorized to be appropriated under this Act
shall not exceed $11,547,400,000 for fiscal year 1996.
Subtitle B—Restructuring the Na-
tional Aeronautics and Space
Administration
SEC. 111. FINDINGS.
The Congress finds that—
(1) the restructuring of the National Aero-
nautics and Space Administration is essential to ac-
complishing the space missions of the United States
while simultaneously balancing the Federal budget;
(2) to restructure the National Aeronautics and
Space Administration rapidly without reducing mis-
sion content and safety requires objective financial
judgment;
(3) no effort has been undertaken by the Na-
tional Aeronautics and Space Administration to per-
form a formal economic review of its missions and
the Federal assets that support them;
(4) therefore it is premature and unwarranted
to attempt closing any National Aeronautics and
Space Administration field center until an asset-
based review of United States space missions and
capabilities to support them is performed; and
(5) cost savings from the closing of National
Aeronautics and Space Administration field centers
are speculative and potentially injurious to mission
goals, unless derived from an asset-based analysis.
SEC. 112. ASSET-BASED REVIEW.
(a) REQUEST FOR PROPOSALS.—Not later than 30
days after the date of the enactment of this Act, the Ad-
ministrator shall publish in the Commerce Business Daily
a request for proposals to perform a National Aeronautics
and Space Administration asset-based review.
(b) QUALIFIED PROPOSALS.—Qualified proposals to
perform the asset-based review under this section shall be
from United States persons whose primary business is cor-
porate financial strategy, investment banking, accounting,
or asset management. All proposals shall, at a minimum,
propose to review, for each capital asset owned by the Na-
tional Aeronautics and Space Administration—
(1) its primary function or purpose in relation-
ship to a program, mission, or activity of the Na-
tional Aeronautics and Space Administration;
(2) the existence of other capital assets which
duplicate or overlap with such function or purpose;
(3) the Federal and non-Federal users thereof;
and
(4) its necessity to carry out a program, mis-
sion, or activity of the National Aeronautics and
Space Administration.
(c) REPORT.—The contractor selected to perform the
asset-based review under this section shall complete such
review and transmit to the Administrator and the Con-
gress, no later than July 31, 1996, a report containing,
at a minimum—
(1) for each National Aeronautics and Space
Administration field center facility—
(A) a list of capital assets that should be
permanently retired or disposed of;
(B) a list of capital assets that may be
transferred to non-Federal institutions and cor-
porations, if the transfer of such asset is cost
effective; and
(C) a list of capital assets essential to the
conduct of National Aeronautics and Space Ad-
ministration programs, missions, or activities,
and a justification for retaining the asset;
(2) for each National Aeronautics and Space
Administration program element—
(A) a list of capital assets essential to the
conduct of the program element; and
(B) a plan for achieving the most cost-ef-
fective consolidation and efficient use of nec-
essary capital assets to support such program
element, including the use of non-Federal assets
where appropriate; and
(3) for each National Aeronautics and Space
Administration capital asset—
(A) the total annual cost of maintaining
and operating such capital asset, including Fed-
eral employee and contractor costs;
(B) the depreciated cost, replacement cost,
and salvage value; and
(C) the most cost-effective strategy for
maintaining, replacing, upgrading, or disposing
of the capital asset, as appropriate.
(d) IMPLEMENTATION.—The Administrator shall
consider the results of the asset-based review conducted
under this section, and based on the Administrator’s rec-
ommendations, the President shall propose to Congress
legislation required to implement those recommendations
no later than September 30, 1996.
(e) CLOSING OF FIELD CENTERS.—The Adminis-
trator shall not close any National Aeronautics and Space
Administration field center until after the asset-based re-
view report is transmitted under subsection (c), and may
only close field centers that would become obsolete as a
result of the implementation of the Administrator’s rec-
ommendations, and may do so only after enactment of leg-
islation implementing those recommendations.
Subtitle C—Limitations and
Special Authority
SEC. 121. USE OF FUNDS FOR CONSTRUCTION.
(a) AUTHORIZED USES.—Funds appropriated under
sections 101(a), 102(a), and 103 (1) and (2), and funds
appropriated for research operations support under sec-
tion 103(4), may be used for the construction of new fa-
cilities and additions to, repair of, rehabilitation of, or
modification of existing facilities at any location in support
of the purposes for which such funds are authorized.
(b) LIMITATION.—None of the funds used pursuant
to subsection (a) may be expended for a project, the esti-
mated cost of which to the National Aeronautics and
Space Administration, including collateral equipment, ex-
ceeds $500,000, until 30 days have passed after the Ad-
ministrator has notified the Committee on Science of the
House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate of the
nature, location, and estimated cost to the National Aero-
nautics and Space Administration of such project.
(c) TITLE TO FACILITIES.—If funds are used pursu-
ant 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 ade-
quate to justify the making of that grant.
SEC. 122. AVAILABILITY OF APPROPRIATED AMOUNTS.
To the extent provided in appropriations Acts, appro-
priations authorized under subtitle A may remain avail-
able without fiscal year limitation.
SEC. 123. REPROGRAMMING FOR CONSTRUCTION OF FA-
CILITIES.
(a) IN GENERAL.—Appropriations authorized under
any paragraph of section 101(b), 102(b), or 103(3)—
(1) may be varied upward by 10 percent in the
discretion of the Administrator; or
(2) may be varied upward by 25 percent, to
meet unusual cost variations, after the expiration of
15 days following a report on the circumstances of
such action by the Administrator to the Committee
on Science of the House of Representatives and the
Committee on Commerce, Science, and Transpor-
tation of the Senate.
The aggregate amount authorized to be appropriated
under sections 101(b), 102(b), and 103(3) shall not be
increased as a result of actions authorized under para-
graphs (1) and (2) of this subsection.
(b) SPECIAL RULE.—Where the Administrator deter-
mines that new developments in the national program of
aeronautical and space activities have occurred; and that
such developments require the use of additional funds for
the purposes of construction, expansion, or modification
of facilities at any location; and that deferral of such ac-
tion until the enactment of the next National Aeronautics
and Space Administration Authorization Act would be in-
consistent with the interest of the Nation in aeronautical
and space activities, the Administrator may use up to
$10,000,000 of the amounts authorized under section
101(b), 102(b), or 103(3) for each fiscal year for such
purposes. No such funds may be obligated until a period
of 30 days has passed after the Administrator has trans-
mitted to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Science of the House of Representatives a written report
describing the nature of the construction, its costs, and
the reasons therefor.
SEC. 124. CONSIDERATION BY COMMITTEES.
Notwithstanding any other provision of law—
(1) no amount appropriated to the National
Aeronautics and Space Administration may be used
for any program 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) no amount appropriated to the National
Aeronautics and Space Administration may be used
for any program in excess of the amount actually
authorized for the particular program by subtitle A;
and
(3) no amount appropriated to the National
Aeronautics and Space Administration may be used
for any program which has not been presented to
the Congress in the President’s annual budget re-
quest or the supporting and ancillary documents
thereto,
unless a period of 30 days has passed after the receipt
by the Committee on Science of the House of Representa-
tives and the Committee on Commerce, Science, and
Transportation of the Senate of notice given by the Ad-
ministrator containing a full and complete statement of
the action proposed to be taken and the facts and cir-
cumstances relied upon in support of such proposed ac-
tion. The National Aeronautics and Space Administration
shall keep the Committee on Science of the House of Rep-
resentatives and the Committee on Commerce, Science,
and Transportation of the Senate fully and currently in-
formed with respect to all activities and responsibilities
within the jurisdiction of those committees. Except as oth-
erwise provided by law, any Federal department, agency,
or independent establishment shall furnish any informa-
tion requested by either committee relating to any such
activity or responsibility.
SEC. 125. LIMITATION ON OBLIGATION OF UNAUTHORIZED
APPROPRIATIONS.
(a) REPORTS TO CONGRESS.—Not later than 30 days
after the later of the date of enactment of an Act making
appropriations to the National Aeronautics and Space Ad-
ministration for fiscal year 1996 and the date of enact-
ment of this Act, the Administrator shall submit a report
to Congress and to the Comptroller General which speci-
fies—
(1) the portion of such appropriations which are
for programs, projects, or activities not authorized
under subtitle A of this title, or 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
authorized under this Act.
(b) FEDERAL REGISTER NOTICE.—The Adminis-
trator shall, coincident with the submission of the report
required by subsection (a), publish in the Federal Register
a notice of all programs, projects, or activities for which
funds are appropriated but which were not authorized
under this Act, and solicit public comment thereon regard-
ing the impact of such programs, projects, or activities on
the conduct and effectiveness of the national aeronautics
and space program.
(c) LIMITATION.—Notwithstanding any other provi-
sion of law, no funds may be obligated for any programs,
projects, or activities of the National Aeronautics and
Space Administration for fiscal year 1996 not authorized
under this Act until 30 days have passed after the close
of the public comment period contained in the notice re-
quired in subsection (b).
SEC. 126. USE OF FUNDS FOR SCIENTIFIC CONSULTATIONS
OR EXTRAORDINARY EXPENSES.
Not more than $30,000 of the funds appropriated
under section 102 may be used for scientific consultations
or extraordinary expenses, upon the authority of the Ad-
ministrator.
SEC. 127. LIMITATION ON TRANSFERS TO RUSSIA.
(a) LIMITATION.—No funds authorized to be appro-
priated to the National Aeronautics and Space Adminis-
tration for fiscal year 1996 may be paid or otherwise
transferred to Russia unless—
(1) the purpose of the payment or transfer is
authorized by this Act;
(2) the payment or transfer is made in ex-
change for goods or services that have been provided
to the National Aeronautics and Space Administra-
tion in accordance with a written agreement between
the National Aeronautics and Space Administration
and Russia;
(3) the Government of the Russian Federation
agrees to provide a monthly report to the National
Aeronautics and Space Administration during the
term of such written agreement, that fully accounts
for the disposition of the funds paid or transferred,
including information with respect to the preceding
month on—
(A) the amount of the funds received, and
the date of receipt;
(B) the amount of the funds converted
from United States currency, the currency into
which the funds have been converted, and the
date and rate of conversion;
(C) the amount of non-United States cur-
rency, and of United States currency, that is
disbursed to any contractor or subcontractor,
the identity of such contractor or subcontractor,
and the date of disbursement; and
(D) the balance of the funds not disbursed
as of the date of the report;
(4) Russia has provided all monthly reports
with respect to which an agreement was made pur-
suant to paragraph (3); and
(5) the President, before such payment or
transfer and annually upon submission of the Presi-
dent’s budget request for fiscal years after fiscal
year 1996, has certified to the Congress that—
(A) the presence of any troops of the Rus-
sian Federation or the Commonwealth of Inde-
pendent States; and
(B) any action by the Russian Federation
or the Commonwealth of Independent States,
in Estonia, Latvia, Lithuania, or any other inde-
pendent state of the former Soviet Union do not vio-
late the sovereignty of those independent states.
(b) DEFINITION.—For purposes of this section, the
term ‘‘Russia’’ means the Government of the Russian
Federation, the Russian Space Agency, or any agency or
instrumentality of the Government of the Russian Federa-
tion or the Russian Space Agency.
TITLE II—MISCELLANEOUS
PROVISIONS
SEC. 201. COMMERCIAL SPACE LAUNCH AMENDMENTS.
(a) AMENDMENTS.—Chapter 701 of title 49, United
States Code, is amended—
(1) in the table of sections—
(A) by amending the item relating to sec-
tion 70104 to read as follows:
‘‘70104. Restrictions on launches, operations, and reentries.’’;
(B) by amending the item relating to sec-
tion 70108 to read as follows:
‘‘70108. Prohibition, suspension, and end of launches, operation of launch sites
and reentry sites, and reentries.’’;
and
(C) by amending the item relating to sec-
tion 70109 to read as follows:
‘‘70109. Preemption of scheduled launches or reentries.’’;
(2) in section 70101—
(A) by inserting ‘‘microgravity research,’’
after ‘‘information services,’’ in subsection
(a)(3);
(B) by inserting ‘‘, reentry,’’ after ‘‘launch-
ing’’ both places it appears in subsection (a)(4);
(C) by inserting ‘‘, reentry vehicles,’’ after
‘‘launch vehicles’’ in subsection (a)(5);
(D) by inserting ‘‘and reentry services’’
after ‘‘launch services’’ in subsection (a)(6);
(E) by inserting ‘‘, reentries,’’ after
‘‘launches’’ both places it appears in subsection
(a)(7);
(F) by inserting ‘‘, reentry sites,’’ after
‘‘launch sites’’ in subsection (a)(8);
(G) by inserting ‘‘and reentry services’’
after ‘‘launch services’’ in subsection (a)(8);
(H) by inserting ‘‘reentry sites,’’ after
‘‘launch sites,’’ in subsection (a)(9);
(I) by inserting ‘‘and reentry site’’ after
‘‘launch site’’ in subsection (a)(9);
(J) by inserting ‘‘, reentry vehicles,’’ after
‘‘launch vehicles’’ in subsection (b)(2);
(K) by striking ‘‘launch’’ in subsection
(b)(2)(A);
(L) by inserting ‘‘and reentry’’ after ‘‘com-
mercial launch’’ in subsection (b)(3);
(M) by striking ‘‘launch’’ after ‘‘and trans-
fer commercial’’ in subsection (b)(3); and
(N) by inserting ‘‘and development of re-
entry sites,’’ after ‘‘launch-site support facili-
ties,’’ in subsection (b)(4);
(3) in section 70102—
(A) by inserting ‘‘from Earth’’ after ‘‘and
any payload’’ in paragraph (3);
(B) by redesignating paragraphs (10)
through (12) as paragraphs (14) through (16),
respectively;
(C) by inserting after paragraph (9) the
following new paragraphs:
‘‘(10) ‘reenter’ and ‘reentry’ mean to return or
attempt to return, purposefully, a reentry vehicle
and its payload, if any, from Earth orbit or from
outer space to Earth.
‘‘(11) ‘reentry services’ means—
‘‘(A) activities involved in the preparation
of a reentry vehicle and its payload, if any, for
reentry; and
‘‘(B) the conduct of a reentry.
‘‘(12) ‘reentry site’ means the location on Earth
to which a reentry vehicle is intended to return (as
defined in a license the Secretary issues or transfers
under this chapter).
‘‘(13) ‘reentry vehicle’ means a vehicle designed
to return from Earth orbit or outer space to Earth
substantially intact.’’; and
(D) by inserting ‘‘or reentry services’’ after
‘‘launch services’’ each place it appears in para-
graph (15), as so redesignated by subparagraph
(B) of this paragraph;
(4) in section 70103(b)—
(A) by inserting ‘‘AND REENTRIES’’ after
‘‘LAUNCHES’’ in the subsection heading;
(B) by inserting ‘‘and reentries’’ after
‘‘space launches’’ in paragraph (1); and
(C) by inserting ‘‘and reentry’’ after
‘‘space launch’’ in paragraph (2);
(5) in section 70104—
(A) by amending the section designation
and heading to read as follows:
‘‘§ 70104. Restrictions on launches, operations, and
reentries’’;
(B) by inserting ‘‘or reentry site, or reen-
ter a reentry vehicle,’’ after ‘‘operate a launch
site’’ each place it appears in subsection (a);
(C) by inserting ‘‘or reentry’’ after ‘‘launch
or operation’’ in subsection (a) (3) and (4);
(D) in subsection (b)—
(i) by striking ‘‘launch license’’ and
inserting in lieu thereof ‘‘license’’;
(ii) by inserting ‘‘or reenter’’ after
‘‘may launch’’; and
(iii) by inserting ‘‘or reentering’’ after
‘‘related to launching’’; and
(E) in subsection (c)—
(i) by amending the subsection head-
ing to read as follows: ‘‘PREVENTING
LAUNCHES AND REENTRIES.—’’;
(ii) by inserting ‘‘or reentry’’ after
‘‘prevent the launch’’; and
(iii) by inserting ‘‘or reentry’’ after
‘‘decides the launch’’;
(6) in section 70105—
(A) by inserting ‘‘or reentry site, or re-
entry of a reentry vehicle,’’ after ‘‘operation of
a launch site’’ in subsection (b)(1); and
(B) by striking ‘‘or operation’’ and insert-
ing in lieu thereof ‘‘, operation, or reentry’’ in
subsection (b)(2)(A);
(7) in section 70106(a)—
(A) by inserting ‘‘or reentry site’’ after
‘‘observer at a launch site’’; and
(B) by inserting ‘‘or reentry vehicle’’ after
‘‘assemble a launch vehicle’’;
(8) in section 70108—
(A) by amending the section designation
and heading to read as follows:
‘‘§ 70108. 
Prohibition, 
suspension, 
and 
end 
of
launches, operation of launch sites and
reentry sites, and reentries’’;
and
(B) in subsection (a)—
(i) by inserting ‘‘or reentry site, or re-
entry of a reentry vehicle,’’ after ‘‘oper-
ation of a launch site’’; and
(ii) by inserting ‘‘or reentry’’ after
‘‘launch or operation’’;
(9) in section 70109—
(A) by amending the section designation
and heading to read as follows:
‘‘§ 70109. Preemption of scheduled launches or reen-
tries’’;
(B) in subsection (a)—
(i) by inserting ‘‘or reentry’’ after
‘‘ensure that a launch’’;
(ii) by inserting ‘‘, reentry site,’’ after
‘‘United States Government launch site’’;
(iii) by inserting ‘‘or reentry date
commitment’’ after ‘‘launch date commit-
ment’’;
(iv) by inserting ‘‘or reentry’’ after
‘‘obtained for a launch’’;
(v) by inserting ‘‘, reentry site,’’ after
‘‘access to a launch site’’;
(vi) by inserting ‘‘, or services related
to a reentry,’’ after ‘‘amount for launch
services’’; and
(vii) by inserting ‘‘or reentry’’ after
‘‘the scheduled launch’’; and
(C) in subsection (c), by inserting ‘‘or re-
entry’’ after ‘‘prompt launching’’;
(10) in section 70110—
(A) by inserting ‘‘or reentry’’ after ‘‘pre-
vent the launch’’ in subsection (a)(2); and
(B) by inserting ‘‘or reentry site, or re-
entry of a reentry vehicle,’’ after ‘‘operation of
a launch site’’ in subsection (a)(3)(B);
(11) in section 70111—
(A) by inserting ‘‘and reentry services’’
after ‘‘launch services’’ in subsection (a)(1)(B);
(B) by inserting ‘‘or reentry services’’ after
‘‘or launch services’’ in subsection (a)(2);
(C) by inserting ‘‘or reentry’’ after ‘‘com-
mercial launch’’ both places it appears in sub-
section (b)(1);
(D) by inserting ‘‘or reentry services’’ after
‘‘launch services’’ in subsection (b)(2)(C);
(E) by striking ‘‘or its payload for launch’’
in subsection (d) and inserting in lieu thereof
‘‘or reentry vehicle, or the payload of either, for
launch or reentry’’; and
(F) by inserting ‘‘, reentry vehicle,’’ after
‘‘manufacturer of the launch vehicle’’ in sub-
section (d);
(12) in section 70112—
(A) by inserting ‘‘or reentry’’ after ‘‘one
launch’’ in subsection (a)(3);
(B) by inserting ‘‘or reentry services’’ after
‘‘launch services’’ in subsection (a)(4);
(C) by inserting ‘‘or reentry services’’ after
‘‘launch services’’ each place it appears in sub-
section (b);
(D) by striking ‘‘, Space, and Technology’’
in subsection (d);
(E) by inserting ‘‘OR REENTRIES’’ after
‘‘LAUNCHES’’ in the heading for subsection (e);
and
(F) by inserting ‘‘or reentry site or a re-
entry’’ after ‘‘launch site’’ in subsection (e);
(13) in section 70113(a)(1) and (d)(1) and (2),
by inserting ‘‘or reentry’’ after ‘‘one launch’’ each
place it appears;
(14) in section 70115(b)(1)(D)(i)—
(A) by inserting ‘‘reentry site,’’ after
‘‘launch site,’’; and
(B) by inserting ‘‘or reentry vehicle’’ after
‘‘launch vehicle’’ both places it appears;
(15) in section 70117—
(A) by inserting ‘‘or reentry site or reenter
a reentry vehicle’’ after ‘‘operate a launch site’’
in subsection (a);
(B) by inserting ‘‘or reentry’’ after ‘‘ap-
proval of a space launch’’ in subsection (d);
(C) by amending subsection (f) to read as
follows:
‘‘(f) LAUNCH NOT AN EXPORT; REENTRY NOT AN
IMPORT.—A launch vehicle, reentry vehicle, or payload
that is launched or reentered is not, because of the launch
or reentry, an export or import, respectively, for purposes
of a law controlling exports or imports.’’; and
(D) in subsection (g)—
(i) by striking ‘‘operation of a launch
vehicle or launch site,’’ in paragraph (1)
and inserting in lieu thereof ‘‘reentry, op-
eration of a launch vehicle or reentry vehi-
cle, or operation of a launch site or reentry
site,’’;
(ii) by striking ‘‘or’’ at the end of
paragraph (1);
(iii) by inserting ‘‘reentry,’’ after
‘‘launch,’’ in paragraph (2);
(iv) by striking the period at the end
of paragraph (2) and inserting in lieu
thereof ‘‘; or’’; and
(v) by adding at the end the following
new paragraph:
‘‘(3) any amateur and similar small rocket ac-
tivities, as defined by the Secretary by regulation.’’;
(16) in section 70119, by inserting the follow-
ing after paragraph (2):
‘‘There are authorized to be appropriated to the Secretary
of Transportation $6,000,000 to carry out this chapter for
fiscal year 1996. None of the funds authorized by this sec-
tion may be expended for policy development or analysis
activities not directly related to the Secretary’s regulatory
responsibilities under this chapter.’’.
(b) ADDITIONAL AMENDMENTS.—(1) Section 70105
of title 49, United States Code, is amended—
(A) by inserting ‘‘(1)’’ before ‘‘A person may
apply’’ in subsection (a);
(B) by striking ‘‘receiving an application’’ both
places it appears in subsection (a) and inserting in
lieu thereof ‘‘accepting an application in accordance
with criteria established pursuant to subsection
(b)(2)(D)’’;
(C) by adding at the end of subsection (a) the
following new paragraph:
‘‘(2) In carrying out paragraph (1), the Secretary
may establish procedures for certification of the safety of
a launch vehicle, reentry vehicle, or safety system, proce-
dure, service, or personnel that may be used in conducting
licensed commercial space launch or reentry activities.’’;
(D) by striking ‘‘and’’ at the end of subsection
(b)(2)(B);
(E) by striking the period at the end of sub-
section (b)(2)(C) and inserting in lieu thereof
‘‘; and’’;
(F) by adding at the end of subsection (b)(2)
the following new subparagraph:
‘‘(D) regulations establishing criteria for ac-
cepting or rejecting an application for a license
under this chapter within 60 days after receipt of
such application.’’; and
(G) by inserting ‘‘, or the requirement to obtain
a license,’’ after ‘‘waive a requirement’’ in subsection
(b)(3).
(2) The amendment made by paragraph (1)(B) shall
take effect upon the effective date of final regulations is-
sued pursuant to section 70105(b)(2)(D) of title 49,
United States Code, as added by paragraph (1)(F) of this
subsection.
SEC. 202. OFFICE OF AIR AND SPACE COMMERCIALIZATION
AUTHORIZATION.
There are authorized to be appropriated to the Sec-
retary of Commerce for the activities of the Office of Air
and Space Commercialization, $457,000 for fiscal year
1996.
SEC. 
203. 
REQUIREMENT 
FOR 
INDEPENDENT 
COST
ANALYSIS.
The Chief Financial Officer for the National Aero-
nautics and Space Administration shall be responsible for
conducting independent cost analyses of all new projects
estimated to cost more than $5,000,000 and shall report
the results annually to Congress at the time of the submis-
sion of the President’s budget request. In developing cost
accounting and reporting standards for carrying out this
section, the Chief Financial Officer shall, to the extent
practicable and consistent with other laws, solicit the ad-
vice of expertise outside of the National Aeronautics and
Space Administration.
SEC. 204. NATIONAL AERONAUTICS AND SPACE ACT OF 1958
AMENDMENTS.
(a) DECLARATION OF POLICY AND PURPOSE.—Sec-
tion 102 of the National Aeronautics and Space Act of
1958 (42 U.S.C. 2451) is amended—
(1) by striking subsection (e) and redesignating
subsections (f) through (h) as subsections (e)
through (g), respectively; and
(2) in subsection (g), as so redesignated by
paragraph (1) of this subsection, by striking ‘‘(f),
and (g)’’ and inserting in lieu thereof ‘‘and (f)’’.
(b) REPORTS TO THE CONGRESS.—Section 206(a) of
the National Aeronautics and Space Act of 1958 (42
U.S.C. 2476(a)) is amended—
(1) by striking ‘‘January’’ and inserting in lieu
thereof ‘‘May’’; and
(2) by striking ‘‘calendar’’ and inserting in lieu
thereof ‘‘fiscal’’.
(c) DISCLOSURE OF TECHNICAL DATA.—Section 303
of the National Aeronautics and Space Act of 1958 (42
U.S.C. 2454) is amended—
(1) in subsection (a)(C), by inserting ‘‘or (c)’’
after ‘‘subsection (b)’’; and
(2) by adding at the end the following new sub-
section:
‘‘(c)(1) The Administration may delay for a period
not to exceed 5 years the unrestricted public disclosure
of technical data in the possession of, or under the control
of, the Administration that has been generated in the per-
formance of experimental, developmental, or research ac-
tivities or programs funded jointly by the Administration
and the private sector.
‘‘(2) Within 1 year after the date of the enactment
of the National Aeronautics and Space Administration Au-
thorization Act, Fiscal Year 1996, the Administrator shall
issue regulations to carry out this subsection. Paragraph
(1) shall not take effect until such regulations are issued.
‘‘(3) Regulations issued pursuant to paragraph (2)
shall include—
‘‘(A) guidelines for a determination of whether
data is technical data within the meaning of this
subsection;
‘‘(B) a requirement that a determination de-
scribed in subparagraph (A) that particular data is
technical data shall be reported to the Committee on
Science of the House of Representatives and the
Committee on Commerce, Science, and Transpor-
tation of the Senate;
‘‘(C) provisions to ensure that technical data is
available for dissemination within the United States
to United States persons and entities in furtherance
of the objective of maintaining leadership or com-
petitiveness in civil and governmental aeronautical
and space activities by the United States industrial
base; and
‘‘(D) a specification of the period or periods for
which the delay in unrestricted public disclosure of
technical data is to apply to various categories of
such data, and the restrictions on disclosure of such
data during such period or periods, including a re-
quirement that the maximum 5-year protection
under this subsection shall not be provided unless at
least 50 percent of the funding for the activities or
programs is provided by the private sector.
‘‘(4) Along with the initial publication of proposed
regulations under paragraph (2), the Administrator shall
include a list of those experimental, developmental, or re-
search activities or programs conducted by, or funded in
whole or in part by, the Administration that may result
in products or processes of significant value in maintain-
ing leadership or competitiveness in civil and governmental
aeronautical and space activities by the United States in-
dustrial base. Such list shall be updated biannually.
‘‘(5) For purposes of this subsection, the term ‘tech-
nical data’ means any recorded information, including
computer software, that is or may be directly applicable
to the design, engineering, development, production, man-
ufacture, or operation of products or processes that may
have significant value in maintaining leadership or com-
petitiveness in civil and governmental aeronautical and
space activities by the United States industrial base.’’.
SEC. 205. PROCUREMENT.
(a) PROCUREMENT DEMONSTRATION PROGRAM.—
(1) IN GENERAL.—The Administrator shall es-
tablish within the Office of Space Access and Tech-
nology a program of expedited technology procure-
ment for the purpose of demonstrating how innova-
tive technology concepts can rapidly be brought to
bear upon space missions of the National Aero-
nautics and Space Administration.
(2) PROCEDURES AND EVALUATION.—The Ad-
ministrator shall establish procedures for actively
seeking from persons outside the National Aero-
nautics and Space Administration innovative tech-
nology concepts relating to the provision of space
hardware, technology, or services to the National
Aeronautics and Space Administration, and for the
evaluation of such concepts by the National Aero-
nautics and Space Administration’s Advisory Council
against mission requirements.